STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER OF DISMISSAL

On February 19, 2008, the Respondent, Riverside National Bank (Respondent), filed an Emergency Motion to Dismiss. That motion was denied by Order entered on February 21, 2008, but the Respondent was granted leave to renew the motion at hearing. The hearing in this cause was scheduled for February 27, 2008, in Fort Pierce, Florida. Written notice of the hearing was provided to the parties and telephone reminders (in an effort to confirm their attendance) were extended by telephone. Nevertheless, the Petitioner, Dawn M. Shook, did not appear for the hearing.

No evidence was presented on the Petitioner's behalf.

Further, having reviewed the record in this cause, it is concluded that the Petitioner has not complied with previous orders entered in this matter. Specifically, the Petitioner did not timely respond to discovery requests. In fact, on

September 24, 2007, the Requests for Admission filed by the Respondent were deemed admitted. Further, while the Petitioner did not attempt to offer evidence into the record, had she done so, the Respondent may have sought to bar documentary evidence,

as information had not been timely produced to the Respondent as directed by Orders to Show Cause entered in this cause. Also, it appears the Petitioner did not comply with the Order of Pre- Hearing Instruction entered on August 2, 2007. Finally, on March 17, 2008, the Petitioner filed a letter dated February 25, 2008, that purports to voluntarily dismiss this case. By separate Notice of Ex-Parte Communication, the document, together with its attachments, has been provided to the Respondent and made a part of the docket.

Having reviewed the matter fully, it is concluded that, as a matter of law, the Florida Commission on Human Relations should enter a Final Order dismissing this case.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Elizabeth Coke, Esquire

Richeson & Coke, P.A. Post Office Box 4048

Fort Pierce, Florida 34948

STATEMENT OF THE ISSUE

Whether the Petitioner's claim should be dismissed.

PRELIMINARY STATEMENT

On July 10, 2007, the Florida Commission on Human Relations (Commission) forwarded a Petition for Relief from the Petitioner, Dawn Shook, naming the Respondent, Riverside Bank, as the party that had allegedly committed an unlawful employment practice.

The Commission's determination in this case had indicated "no cause" for the claim.

The Petitioner's claim alleged that the Respondent had unlawfully failed to hire the Petitioner due to her race, marital

status, sex, age, religion, and disability. The Respondent has at all times denied the allegations of the complaint, timely requested an evidentiary hearing to dispute the factual allegations of the claim, and sought additional information from the Petitioner to fully address the allegations.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Sections 120.569 and 120.57(1), Florida Statutes (2007).

2. Section 760.11, Florida Statutes (2007), provides administrative and civil remedies for alleged violations of Chapter 760.

3. Specifically, Section 760.11(6), Florida Statutes (2007), provides, in pertinent part:

   (6) Any administrative hearing brought pursuant to paragraph (4)(b) shall be conducted under ss. 120.569 and 120.57.* * * If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the administrative law judge shall issue an appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered, the commission shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss.

   120.569 and 120.57. The 90-day period may be extended with the consent of all the parties. An administrative hearing pursuant to paragraph (4)(b) must be requested no

   later than 35 days after the date of determination of reasonable cause by the commission. In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs. It is the intent of the Legislature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VII action.

   
   

4. In this case,the Petitioner presented no evidence to support her claim. Additionally, as the Petitioner failed to comply with the directives entered in this case, future claims filed by this Petitioner should be considered in light of the provisions of Section 120.595, Florida Statutes (2007), that address proceedings when a party participates for an "improper purpose."

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that the Commission enter a Final Order dismissing this cause.

DONE AND ENTERED this 19th day of March, 2008, in Tallahassee, Leon County, Florida.

J. D. PARRISH 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 19th day of March, 2008.

COPIES FURNISHED:

Cecil Howard, General Counsel

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Elizabeth Coke, Esquire Richeson & Coke, P.A. Post Office Box 4048

Fort Pierce, Florida 34948

Dawn Shook

Post Office Box 341 Scottsmoor, Florida 32775

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. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 07-003087

Orders for Case No: 07-003087