STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

SHEILA DEMONS, EEOC No. 15D201300514

Petitioner, FCHR Case No.

v. No. 13-4457

EMERALD GRANDE, LLC, FCHR Order No. 14-033

Respondent.

FINAL ORDER DISMISSING PETITION

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Amended Recommended Order, dated June 27, issued in the above-styled matter by Administrative Law Judge W. David Watkins.

Findings of Fact and Conclusions of Law

Judge Watkins' order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Watkins' order states that Petitioner "has not proven her claim by the preponderance of the evidence." Consequently, the order recommends that the Commission issue a final order denying the Petition for Relief.

Commission panels have concluded that when a Petitioner to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., v. Lowry Group Properties, Inc., et al., FCHR Order No. (February 26, 2013), nberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), . Department of Financial Services, FCHR Order No. 11-034 (April Patterson v. Pa City Housing Authority, FCHR Order No. 11-001 (January Crump v. The wer at Bal Harbour, FCHR Order No.

(September v. Lake Housing Authority, FCHR Order No.

(April 27, 2010), Cowden v. et FCHR No. 09-115 (December 14, 2009), Scott

v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, Bay Walk, FCHR Order No. 07-037 (June 2007), Martinez v. KJC Enterprises, Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 2006).

Filed September 10, 2014 10:57 AM Division of Administrative Hearings

FCHR Order No. 14-033

Page 2

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Amended Recommended Order.

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 of appeal is found in Section Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Tony Jenkins

in Tallahassee, Florida.

Commission on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL 32301

Copies furnished to:

Sheila Demons

941 Central Avenue, Apartment P Fort Walton Beach, FL 32547

FCHR Order No. 14-033 3

Emerald Grande, LLC

c/o Ginger Barry Boyd, Esq. Broad and Cassel

Legendary Drive, Suite 280 Destin, FL 32541

W. David Watkins, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a of the foregoing has been mailed to the above listed addressees this of 2014.

By: _

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 13-004457

Orders for Case No: 13-004457