Division of Administrative Hearings, Florida
Filed: Aug. 20, 2012
The threshold issue presented is whether Petitioner can prove that Respondent is an "employer" within the meaning of section 760.02(7), Florida Statutes (2012)1/, so as to confer subject matter jurisdiction to consider the merits of Petitioner's discrimination complaint against Respondent.Petitioner failed to offer any proof on the threshold jurisdiction test of whether Respondent is an "employer," despite notice that Petitioner had the burden of proof on this issue at hearing. Recommend dismissal for lack of jurisdiction.
