STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARCY S. KELLY,

Petitioner,

vs.

FLORIDA CROWN WORKFORCE BOARD, INC.,

Respondent.

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) Case No. 06-0483

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RECOMMENDED ORDER OF DISMISSAL

This cause came before the undersigned on Respondent, Florida Crown Workforce Board, Inc.'s (Florida Crown), Motion to Dismiss for Lack of Jurisdiction. Petitioner did not file a response to the motion.

Oral argument was heard on the Motion during a telephone conference call held on March 23, 2006.

This case began when Petitioner filed an Employment Complaint of Discrimination with the Florida Commission on Human Relations (FCHR) on November 18, 2005. The complaint alleged discrimination on the basis of race by Respondent. After an investigation of the charge, FCHR issued a Determination: No Jurisdiction and a Notice of Determination: No Jurisdiction on January 6, 2006. The Determination: No Jurisdiction was based on the determination that no employer-employee relationship

exists between the parties. On February 2, 2006, Petitioner filed a Petition for Relief with attachments. On or about February 9, 2006, the case was transmitted by FCHR to the Division of Administrative Hearings.

FINDINGS OF FACT

1. Respondent's Motion to Dismiss for Lack of Jurisdiction asserts that Petitioner was never an employee of Florida Crown and that Petitioner conceded this in attachments to her Petition for Relief. During the telephone motion hearing, Petitioner acknowledged that she was not employed by Florida Crown.

2. Therefore, as a matter of fact, no employer-employee relationship existed between the parties.

   CONCLUSIONS OF LAW

   
   

3. Section 760.02(7), Florida Statutes, defines an employer as follows:

   (7) 'Employer' means any person employing

   15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. (emphasis supplied)

   
   

4. As a matter of law, no employer-employee relationship existed between the parties. Accordingly, FCHR has no jurisdiction under the Florida Civil Rights Act over this case.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That the Florida Commission on Human Relations enter a final order dismissing Petitioner's Complaint of Discrimination. With this disposition, the Final Hearing in this case scheduled for May 5 and 6, 2006, is cancelled, and the file of the Division of Administrative Hearings is hereby closed.

DONE AND ENTERED this 23rd day of March, 2006, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 23rd day of March, 2006.

COPIES FURNISHED:

Marcy S. Kelly

Post Office Box 3003 Lake City, Florida 32056

Thomas W. Brown, Esquire Brannon, Brown, Haley &

Bullock, P.A.

Post Office 1029

Lake City, Florida 32056-2029

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway

Tallahassee, Florida 32301

Docket for Case No: 06-000483

Orders for Case No: 06-000483