STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

WILLIAM COLEMAN, EEOC No. 15D201300636

Petitioner, FCHR No. 2013-01685

v. No. 14-1652

DAYTONA BEACH, OCEAN CENTER PARKING GARAGE,

FCHR Order No. 14-034

Respondent.

/

FINAL ORDER DISMISSING PETITIO N RELIE F FROM AN UNLAWFUL EMPLOYMENT

Preliminary Matters

Petitioner William Coleman filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections - Florida Statutes

alleging that Respondent Daytona Beach, Ocean Center Parking Garage, committed an unlawful employment practice on the basis of Petitioner's sex (male) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on March

the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Deland, Florida, on May before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order of dismissal, dated June 27,

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 (Fla. 5th DCA Accord, Gantz, et al.

Filed September 10, 2014 11:01 AM Division of Administrative Hearings

FCHR Order No. 14-034 2

v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, Mack v. Agency for Persons with Disabilities, FCHR Order No. (March

17, Hall v. Villages of West Oaks A, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. (January 2005), and Waaser v. FCHR Order No. (November 30, 2004).

We adopt the Administrative Law Judge's findings of fact.

Conclusions of Law

We the Administrative Law Judge's application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge's conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of FOR THE FLORIDA COMMISSION ON

2014.

A N RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Tony Jenkins

Filed this day of ,

in Tallahassee, Florida.

FCHR Order No. 14-034

Page 3

Commission on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL 32301

Copies furnished to:

William Coleman

208 Madison Ave., Apt. 4 Daytona Beach, FL 32114

Daytona Beach, Ocean Center Parking Garage

c/o Michael G. Moore, Esq. Volusia County

West Indiana Avenue Deland,FL 32720

W. David Watkins, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy has been mailed to the above

Clerk of

Florida Commission on Human Relations

Docket for Case No: 14-001652

Orders for Case No: 14-001652