STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER

This cause came on for final hearing before Harry L. Hooper, Administrative Law Judge with the Division of Administrative Hearings, on November 13, 2008, in Tallahassee,

Florida.

APPEARANCES

For Petitioner: No appearance

For Respondent: Brent Cutlip, pro se

Two Men and a Truck

379 West Michigan Street, Suite 200 Orlando, Florida 32806

STATEMENT OF THE ISSUE

The issue is whether Respondent engaged in an unlawful employment practice.

PRELIMINARY STATEMENT

Petitioner Kenneth K. Scott (Mr. Scott) completed an Employment Complaint of Discrimination with the Florida

Commission on Human Relations (Commission) on April 4, 2008. It was filed on April 16, 2008. The Complaint alleged discrimination based on race (African-American) and retaliation.

The Commission investigated the complaint and on August 12, 2008, issued its "Notice of Determination: No Cause."

Mr. Scott timely filed a Petition for Relief with the Commission on September 10, 2008. The Petition and allied papers were transmitted to the Division of Administrative Hearings in a letter dated September 15, 2008. The case was set for hearing at 1:00 p.m. on November 13, 2008.

At the time set for the hearing to commence, Brent Cutlip, representing Two Men and a Truck, announced his appearance.

Mr. Scott did not appear. It was announced that the Administrative Law Judge would reconvene the hearing in 15 minutes. At the end of that time, Mr. Scott, who had previously asserted to the Administrative Law Judge's assistant that he would attend, did not appear. As of the filing of this Recommended Order, Mr. Scott has not contacted the Division of Administrative Hearings.

FINDINGS OF FACT

1. Brent Cutlip is a principal of Two Men and a Truck.

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. §§ 120.57(1) and 760.11, Fla. Stat. (2007).

3. In order to prove discrimination or retaliation the Petitioner is required to demonstrate evidence that Petitioner is in a class protected by the Florida Civil Rights Act before any further proceedings may occur. Mr. Scott, by failing to appear at the hearing he requested, failed to prove anything.

RECOMMENDATION

Based upon the Findings of Fact and Conclusions of Law,

it is

RECOMMENDED that the Petition for Relief filed by Kenneth K. Scott be dismissed.

DONE AND ENTERED this 14th day of November, 2008, in Tallahassee, Leon County, Florida.

S

HARRY L. HOOPER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 2008.

COPIES FURNISHED:

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Kenneth K. Scott

8342 Gardenia Circle, No. 4

Pensacola, Florida 32534

Brent Cutlip

Two Men and a Truck

7280 Plantation Road, No. 1

Pensacola, Florida 32504

Brent Cutlip

Two Men and a Truck

379 West Michigan Street, Suite 200 Orlando, Florida 32806

Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 08-004561

Orders for Case No: 08-004561