STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

JAMES J. FOR MINOR.

Petitioner, FCHR Case No.

v. AH No.

SEAL SWIM III, LLC, FCHR Order No. 17-040

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR RELIE F FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTIC E

Preliminary Matters

Petitioner James J. O'Neil for Minor (although the record reflects that the correct designation should likely be "James M . O'Neil for Minor") filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 509.092 and

- Florida Statutes alleging that Respondent Seal Swim School III, LLC, committed an unlawful public accommodations practice on the basis of the disability of Petitioner's son by removing Petitioner's son from its summer camp.

The allegations set forth in the complaint were investigated, and, on November the Executive Director issued a "Determination: No Jurisdiction" finding that the

Commission lacked jurisdiction over the filed complaint.

Petitioner filed a Petition for Relief and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Tampa, Florida, on February 28, before Administrative Law Judge J. Lawrence Johnston.

Judge Johnston issued a Recommended Order of dismissal, dated March 22,

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 5th DCA Accord, Coleman v.

Beach. Ocean Center Parking Garage. FCHR Order No. 14-034 (September

Filed June 15, 2017 12:10 PM Division of Administrative Hearings

et v. Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA. FCHR Order No. 08-007 (January 14, 2008).

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

Conclusions of Law

We find 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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Sandra Turner

Filed this day of , in Tallahassee, Florida,

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

Copies furnished to:

James J. O'Neil for Minor

Road Odessa, FL 33556

Seal Swim School III, LLC c/o Colleen M . Esq. Johnson, Pope, Bokor,

Ruppel & LLP Chestnut Street

Clearwater, FL 33756

J. Lawrence Johnston, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a the foregoing has been mailed to the above listed addressees this day of ,

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-007490

Orders for Case No: 16-007490