STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice and in accordance with Section 120.569 and Subsection 120.57(1), Florida Statutes (2004), a final hearing was held on October 26, 2004, in Viera, Florida, before Fred L. Buckine, a duly-designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Tabitha B. Legg, pro se

6445 Addax Avenue

Cocoa, Florida 32927 STATEMENT OF THE ISSUE

Whether Petitioner, Nidia Cruz, was subjected to discriminatory acts and/or interference with her exercise or enjoyment of fair housing rights as alleged in her Petition for Relief.

PRELIMINARY STATEMENT

On November 21, 2003, Petitioner, Nidia Cruz, filed a housing discrimination complaint with the Florida Commission on Human Relations ("Commission"), alleging that she believed she had been the victim of discriminatory acts of retaliation for the following reason(s):

. . . Brevard County Sheriff CR# 287733 and not returning security deposit of $300.00 due me . . . [because] I exercised my rights protected by Fair Housing Act, as amended.

I filed a fair housing complaint against the respondent. The respondent knew or should have known that filing a compliant was a protected activity. With knowledge of my involvement in the protected activity, the respondent took action that was adverse to the exercise or enjoyment of my rights under the Fair Housing Act. The respondent threatened me with eviction which led to my moving from the mobile home park. On September 29, 2002, respondent sent me an eviction notice requesting that I vacate the park. The respondent’s retaliatory actions were taken in response to my involvement in a protected activity (filing a housing discrimination complaint earlier) in order to punish me for filing the complaint.

The Commission, after investigation of Petitioner's complaint, found no reasonable basis to conclude that Petitioner had been subjected to discrimination and, on June 3, 2004, issued a Determination of No Reasonable Cause.

Petitioner filed a timely request for hearing pursuant to Section 120.569 and Subsections 120.57(1) and 760.11(7), Florida Statutes (2004). On July 2, 2004, this matter was referred to

the Division of Administrative Hearings, and, on that date, the Initial Order was entered.

On July 15, 2004, a Notice of Hearing, scheduling the final hearing for September 7, 2004, in Viera, Florida, and an Order of Pre-hearing Instructions were entered.

On August 18, 2004, an Order denying Petitioner’s Motion to Continue and Motion for Change of Venue and requiring immediate compliance with the Order of Pre-hearing Instructions was enter.

On September 3, 2004, an Order Granting Continuance, with instructions to the parties to advise the undersigned of status not later than September 13, 2004, was entered. Respondent advised the undersigned, and, by Order of September 17, 2004, the final hearing was rescheduled for October 26, 2004, in Viera, Florida, with notice to all parties of record.

The final hearing, scheduled to commence at 9:00 a.m. on October 26, 2004, was delayed 45 minutes for the appearance of Petitioner or a representative. Petitioner did not appear.

Respondent appeared and identified herself for the record.

FINDINGS OF FACT

1. Petitioner, Nidia Cruz, after notice, failed to appear at the final hearing.

2. Respondent, Tabitha B. Legg, appeared at the final hearing.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. §§ 120.569, 120.57(1), and 760.11, Fla. Stat. (2004).

4. Petitioner has the burden of proof demonstrating that Respondent committed unlawful acts as alleged. Florida Department of Transportation v. J. W. C. Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981).

5. Petitioner has failed to carry the initial burden of making a prima facie case of discriminatory acts and/or interference with her exercise or enjoyment of fair housing rights as alleged in her Petition for Relief, and her Petition for Relief must be dismissed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed by Petitioner, Nidia Cruz.

DONE AND ENTERED this 12th day of November, 2004, in Tallahassee, Leon County, Florida.

S

FRED L. BUCKINE

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 November, 2004.

COPIES FURNISHED:

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Nidia Cruz

45 Emanuel Road, Lot 3 Brunswick, Georgia 31525

Tabitha B. Legg 6445 Addax Avenue

Cocoa, Florida 32927

Nidia Cruz

145 Emanuel Road, Lot 3 Brunswick, Georgia 31525

Cecil Howard, General Counsel

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order of Dismissal. Any exceptions to this Recommended Order of Dismissal should be filed with the agency that will issue the final order in this case.

Docket for Case No: 04-002304

Orders for Case No: 04-002304