STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS Hin Fg, LEROY AND JEANETTE BILLUPS, HUD Case No. oa 2: 9 Petitioner, FCHR Case No. 25-9171 oH . ve | DOAH Case No. 06-1179 SUN COVE REALTY, INC., ET AL., FCHR Order No. 06-054 Respondents. : / FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated May 15, 2006, issued in the above-styled matter by Administrative Law Judge William F. Quattlebaum. Findings of Fact.and Conclusions of Law Judge Quattlebaum’s order reflects that Petitioners failed to timely file their Petition for Relief. The order finds that the Commission’s “Notice of Determination: No Cause” was issued on February 13, 2006, and that the Petition for Relief was filed on March 24, 2006. The order concludes that the Petition for Relief must be filed within 30 days of the service of the Notice of Determination, citing Fla. Admin. Code R. 60Y-8.001(1), and finds that the 30-day time period in this instance required the Petition for Relief to be filed on March 15, 2006. We adopt the Administrative Law Judge’s finding that the Petition for Relief was not timely filed, and the Administrative Law Judge’s conclusion that the Petition for Relief should be dismissed. Accord, Fla, Admin. Code R. 60Y-8001(3), indicating that proceedings upon Petitions for Relief are governed by Fla, Admin. Code R. 28-106, and Fla, Admin. Code R, 28- 106.201(4), indicating that “[a] petition shall be dismissed if...it has been untimely filed.” Exceptions Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal. FCHR Order No. 06-054 Page 2 Dismissal The Petition for Relief and Housing Discrimination Complaint 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110. DONE AND ORDERED this_ 15" day of June 2006. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS: Commissioner Gayle Cannon, Panel Chairperson; Commissioner Dominique B. Saliba, M.D.; and Commissioner Billy Whitefox Stall Filed this_15" day of June 2006, in Tallahassee, Florida. Violet Crawford, Clerk Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 (850) 488-7082 Copies furnished to: Leroy Billups Jeanette Billups 2226 Tarragon Lane New Port Richey, FL 34655 Sun Cove Realty, Inc., et al. c/o David H. Shaw, I, Esq. Forizs & Dogali, P.L. 4301 Anchor Plaza Parkway, Suite 300 Tampa, FL 33634 FCHR Order No. 06-054 Page 3 William F, Quattlebaum, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel THEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 15" day of June 2006. By: Vs Clerk of the Commission Florida Commission on Human Relations

Docket for Case No: 06-001179