STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERTA MCCABE,

Petitioner,

vs.

WOODLAND TOWERS,

Respondent.

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) Case No. 98-3082

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ORDER

This matter comes before the undersigned pursuant to an Order entered by the Florida Commission on Human Relations (FCHR) on February 11, 2000. That order was not filed with the Division of Administrative Hearings until February 15, 2001.

That Order, entered February 11, 2000, addressed a claim for relief from an unlawful employment practice which had been before the undersigned Administrative Law Judge for a Section 120.57, Florida Statutes, proceeding and hearing, which culminated in a Recommended Order entered on April 5, 1999. The subject Order of the FCHR has remanded the above-styled matter to the undersigned, effective February 15, 2001, for correction of what the FCHR perceives as errors in the Conclusions of Law in the Recommended Order entered on April 5, 1999.

It is axiomatic that the purpose of Section 120.57, Florida Statutes, hearings and proceedings in this forum has long been

established to be one of fact-finding, versus the issuance of legal edicts. In the instant case, the FCHR seeks clarification of a legal conclusion in paragraph eighteen, and to reverse another Conclusion of Law encompassed in the Recommended Order of April 5, 1999. While such a change may or may not achieve a different result on the merits of the case, from that set forth in the Recommended Order, such a course of action with regard to application, interpretation and concluding the law is fully within the ambit of the FCHR's authority, since it can make binding conclusions of law on legal issues properly raised in such a proceeding and the Administrative Law Judge cannot. Such a course of action requires no action from the factual adjudicator or Administrative Law Judge. Hence, further action consistent with the remand need not be taken and the remand is respectfully declined, in order that the FCHR may formulate its own legal conclusions with regard to the facts found and encompassed in the Recommended Order.

DONE AND ORDERED this 12th day of June, 2001, in Tallahassee, Leon County, Florida.

P. MICHAEL RUFF Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

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

Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 2001.

COPIES FURNISHED:

Robert W. Lloyd, Esquire Cobb, Cole & Bell

Post Office Box 2491

Daytona Beach, Florida 32115-2491

Roberta McCabe

701 North Ocean Street Jacksonville, Florida 32202

Azizi Dixon, Clerk

Florida Commission on Human Relations

325 John Knox Road Suite 240, Building F

Tallahassee, Florida 32303-4149

Docket for Case No: 98-003082

Orders for Case No: 98-003082