STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

TERRINICA N. MOSS, EEOC Case No. 15D201100149

Petitioner, FCHR Case No. 2011-00430

v. DOAH Case No. 11-3983

HCA, INC., AND CAPITAL REGIONAL FCHR Order No. 12-067 MEDICAL CENTER,

Respondents.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Terrinica N. Moss filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondents HCA, Inc., and Capital Regional Medical Center committed unlawful employment practices by retaliating against Petitioner for Petitioner having earlier filed an internal discrimination claim.

The allegations set forth in the complaint were investigated, and, on July 6, 2011, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Tallahassee, Florida, on April 23 and 24, and May 31 and June 1, 2012, before Administrative Law Judge Diane Cleavinger.

Judge Cleavinger issued a Recommended Order of dismissal, dated October 2,

2012.

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

Filed December 19, 2012 10:59 AM Division of Administrative Hearings

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Petitioner filed exceptions to the Administrative Law Judge’s Recommended Order in a document entitled, “Exceptions to Recommended Order,” received by the Commission on October 17, 2012.

Petitioner’s exceptions document contains 64 numbered exceptions paragraphs. A review of each exceptions paragraph indicates that the exception takes issue with either facts found (paragraphs 12, 13, 14, 15, 28, 29, and 32), credibility determinations made

(paragraphs 38 and 40), and /or inferences drawn (paragraphs 6, 7, 8, 11, 12, 14, 15, 18,

19, 28, 31, 32, 33, 35, 36, 37, 42, 43, 44, 45, 47, 48, 52, 53, 54, 56, 58, 59, 60, 62, and

64) from the evidence presented, and /or provides argument and / or explanation to the finding excepted to, including argument with credibility determinations made (paragraphs 1, 2, 3, 4, 5, 9, 10, 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 34, 39, 41, 45, 46, 47, 49, 50, 51, 55, 57, 61, and 63) [references are to the 64 numbered paragraphs in the exceptions document, not the numbered paragraphs in the Recommended Order].

The Commission has stated, “It is well settled that it is the Administrative Law Judge’s function ‘to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge’s role to decide between them.’ Beckton v. Department of Children and Family Services, 21

F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9

F.A.L.R. 2168, at 2171 (FCHR 1986).” Barr v. Columbia Ocala Regional Medical Center, 22 F.A.L.R. 1729, at 1730 (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation, FCHR Order No. 05-135 (December 6, 2005) and Eaves v. IMT- LB Central Florida Portfolio, LLC, FCHR Order No. 11-029 (March 17, 2011).

In addition, it has been stated, “The ultimate question of the existence of discrimination is a question of fact.” Florida Department of Community Affairs v.

Bryant, 586 So. 2d 1205, at 1209 (Fla. 1st DCA 1991). Accord, Coley v. Bay County Board of County Commissioners, FCHR Order No. 10-027 (March 17, 2010) and Eaves, supra.

Noting that we have above found the facts as found by the Administrative Law Judge to be supported by competent substantial evidence, Petitioner’s exceptions are rejected.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 19th day of December , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Lizzette Romano; and

Commissioner Mario M. Valle

Filed this 19th day of December , 2012, in Tallahassee, Florida.

/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Terrinica N. Moss

c/o Doris Moss, Qualified Representative 8611 Roberts Road

Tallahassee, FL 32309

HCA, Inc., and Capital Regional Medical Center c/o Thomas M. Findley, Esq.

Messer, Caparello & Self, P.A. Post Office Box 15579 Tallahassee, FL 32317

Diane Cleavinger, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 19th day of December , 2012.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 11-003983

Orders for Case No: 11-003983