STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

WILLIAM WOLMART,

Petitioner. FCHR No. 2015-01955

v. DOAH No.

CALIENTE RESORTS, LLC, FCHR Order No.

Respondent.

/

FINAL ORDER CLOSING FIL E

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated July issued in the above-styled matter by Administrative Law Judge Diane Cleavinger.

Findings of Fact and Conclusions of Law

The record reflects that the Commission investigated this case as a "public accommodations" discrimination case brought pursuant to the Florida Civil Rights Act of Sections 509.092 and 760.01 - Florida Statutes (2014), and, on April 6, issued a Determination: No Reasonable Cause.

Petitioner subsequently filed a Petition for received by the Commission on May The Petition for Relief appears to allege discrimination under Section 760.60, Florida

Statutes

The Commission transmitted the Petition for Relief to the Division of Administrative Hearings.

Respondent filed a motion to dismiss with the Division of Administrative Hearings, maintaining that the Division of Administrative Hearings does not have jurisdiction to hear cases brought pursuant to Section 760.60, Florida Statutes.

The Administrative Law Judge issued an Order to Show Cause directing the Petitioner to provide facts "demonstrating whether [Respondent] is a public accommodation or not within the purview of section 760.60, Florida Statutes."

Petitioner responded, "Caliente Resorts is a public accommodation. Caliente Resorts has more than 400 members, provides regular meal services, receives payment for dues, fees, etc. See

760.60 (1), Stat." See Petitioner's "Response to Order to Show Cause."

In the order before the Commission, the Administrative Law Judge found this to be "non- responsive," and granted Respondent's motion to dismiss, indicating a "lack of any factual basis demonstrating the Division of Administrative Hearing's jurisdiction."

Filed September 30, 2016 8:00 AM Division of Administrative Hearings

clubs.

Section 760.60(1), Florida Statutes (2014), prohibits discriminatory practices in certain

A person seeking to remedy a violation of this section may file a complaint with the

Commission, and within 30 days of the filing of the complaint the Commission shall investigate the complaint and give the person notice in writing i f it intends to resolve the complaint. Section 760.60(2), Florida Statutes

If the Commission fails, within 30 days of receiving the complaint, to give notice of its intent to eliminate or correct the alleged discriminatory practices of a club, or i f the Commission fails to resolve the complaint within 30 days of giving such notice, the person may commence a civil action in a court against the club, its officers, or its members to enforce this section. Section 760.60(3), Florida Statutes (2014).

As indicated, above, the Commission investigated the complaint filed in this matter as a "public accommodations" discrimination complaint brought under the Florida Civil Rights Act of 1992. The Petition for Relief and Petitioner's "Response to Order to Show Cause," suggest that Petitioner maintains that the complaint was brought pursuant to Section 760.60, Florida Statutes. The fourth page of Petitioner's initial filing with the Commission also references Section 760.60, Florida Statutes.

In our view, i f the complaint filed by Petitioner is truly a "club" discrimination complaint pursuant to Section 760.60, Florida Statutes, and not a "public accommodations" discrimination complaint under Sections 509.092 and - Florida Statutes, then the 30-day time period for the Commission to investigate the complaint and give notice of its intent to resolve the complaint has expired. It would seem the statutory provisions set out in Section 760.60(3), Florida Statutes, regarding the available remedy for the person filing the complaint in situations in which the Commission has not acted within 30 days of the filing of the complaint would be in effect. (Section 760.60, Florida Statutes, does not provide for an administrative hearing before the Division of Administrative Hearings for cases brought pursuant to this statutory section.)

We conclude that the appropriate disposition of this matter by the Florida Commission on Human Relations, given the current posture of the case, is to simply close its file. Accord,

v. Business Networking International, FCHR Order No. 14-035 (September 10, 2014).

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Order Closing File and Relinquishing Jurisdiction.

File Closure

The file of the Florida Commission on Human Relations is hereby CLOSED.

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 , 2016. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

Filed day of in Tallahassee, Florida.

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

William

Post Office Box 126 Lady Lake, FL

Caliente Resorts, LLC

c/o R. Gale Porter, Jr., Esq. Petitt Worrell Rocha, PLLC

4830 West Kennedy Blvd., Ste. 475

Tampa, FL 33609-2564

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

I1 HEREBY CERT1IFYYththaattaacppy oaftththeeforegoing has been mailed to the above listed addressees this day of ,

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-003107

Orders for Case No: 16-003107