STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER MOREHEAD,

vs.

Petitioner,

Case No. 13-2113

DOME GRILL, INC.,

Respondent.

/

FINAL ORDER

A Recommended Order was entered in this case on August 8, 2013, setting forth findings of fact and conclusions of law.

The parties were given ten days from the date of the Recommended Order to submit written exceptions. Pursuant to the Pinellas County code section 70-77(g)(13), it is the responsibility of the Administrative Law Judge to consider any written exceptions and then to issue a Final Order.

APPEARANCES

For Petitioner: Jennifer Morehead, pro se

312 15th Avenue Northeast

St. Petersburg, Florida 33704

For Respondent: Walter E. Smith, Esquire

Meros, Smith, Lazzara, and Olney, P.A. Post Office Box 27

St. Petersburg, Florida 33731-0027

STATEMENT OF THE ISSUE

The issue in this case is whether Respondent, the Dome Grill, Inc., discriminated against Petitioner, Jennifer Morehead, on the basis of her age, in violation of the Florida Civil Rights Act.

PRELIMINARY STATEMENT

Petitioner and Respondent filed exceptions to the Recommended Order. A transcript of the hearing was not ordered or filed with the Division.1/

The following rulings are made on the exceptions filed:

Petitioner's Exception Number 1: DENIED. Petitioner argues that the Pinellas County Office of Human Relations investigative report was admitted into evidence by virtue of it's being filed with the Division of Administrative Hearings. Such is not the case. Petitioner did not offer any exhibits into evidence.

Petitioner's Exception Number 2: DENIED. Petitioner's Exception 2 is in reality a request for the hearing record to be reopened so that she, as a pro se litigant, may supplement the record with evidence purporting to be "Respondent's actual employment records from that time." The undersigned can find no authority to reopen this case for the purpose of supplementing the record.

Petitioner's numbered paragraphs 3, 4, and 5, are listed under a "Conclusion of Law" heading. It is unclear whether these

paragraphs are intended to be exceptions to the Recommended Order. In order to resolve this case without further delay, each paragraph is DENIED.

Respondent's Exception Number 1: (inclusive of A., B., and C.): DENIED. The findings were supported by competent substantial evidence and will not be changed.

FINDINGS OF FACT

The findings of fact set forth in the Recommended Order are approved, adopted and incorporated herein by reference. There is competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW

The conclusions of law set forth in the Recommended Order are approved, adopted and incorporated herein by reference.

ORDER

Based on the foregoing, it is ORDERED that the claim for relief filed by Petitioner, Jennifer Morehead, is DENIED.

DONE AND ORDERED this 20th day of August, 2013, in Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY-PENNOCK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

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

Filed with the Clerk of the Division of Administrative Hearings this 20th day of August, 2013.

ENDNOTE

1/ At the conclusion of the hearing, Petitioner indicated that she would be ordering the transcript. However, shortly after the hearing was completed, the undersigned was advised that a transcript was not ordered.

COPIES FURNISHED:

Michelle Wallace, Esquire Pinellas County Attorney's Office 6th Floor

315 Court Street Clearwater, Florida 33756

Peter J. Genova, Jr.

Pinellas County Office of Human Rights 5th Floor

400 South Fort Harrison Avenue Clearwater, Florida 33756

Jennifer B. Morehead

312 15th Avenue Northeast

St. Petersburg, Florida 33704

Paul Valenti

Pinellas County Office of Human Rights 5th Floor

400 South Fort Harrison Avenue Clearwater, Florida 33756

Walter E. Smith, Esquire

Meros, Smith, Lazzara, and Olney, P.A. Post Office Box 27

St. Petersburg, Florida 33731-0027

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by Final Order is entitled to seek judicial review by filing a petition for writ of certiorari in the circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, within 30 calendar days of the date of this Final Order. §70-77(14), Pinellas County Code.

Docket for Case No: 13-002113

Orders for Case No: 13-002113