STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

MARY J. DANIELS,

Petitioner,

V.

THE CITY OF DEERFIELD BEACH,

EEOC Case No. l 5D202000596 FCHR Case No. 202022091 DOAH Case Nos. 20-4296 FCHR Order No. 21-044

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL El\'.IPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated April 22, 2021, issued in the above-styled matter by Administrative Law Judge John G. Van Laningham.

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 al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Coleman v. Daytona Beach. Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, 2014), Gantz, et al. v. Zion's Hope. Inc., d/b/a Hol y Land Experience, FCHR Order No. 11-048 (June 6, 2011), and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008).

Judge Van Laningham's Recommended Order of Dismissal reflects that a hearing in this matter occurred on April 21, 2021. The order indicates that during the hearing, "the parties reached an agreement to settle this matter, pursuant to which [Petitioner] agreed to withdraw her petition with prejudice", and that Judge Van Laningham "granted the parties' ore tenus motion to dismiss." Based on the settlement agreement of the parties, Judge Van Laningham recommended the Commission enter a final order of dismissal.

We adopt the Administrative Law Judge's finding and conclusion that the parties reached an agreement to settle this matter and that Petitioner agreed to withdraw her petition with prejudice.

Exceptions

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

Filed July 23, 2021 8:33 AM Division of Administrative Hearings

FCHR Order No. 21-044

Page2

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 of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED thiso2L day of c1 , 2021. FOR THE FLORIDA COMMISSION ON HUMRELATIONS:

Commissioner Mario Garza, Panel Chairperson; Commissioner Lany Hart; and

Commissioner Jay Pichard

Filed this day of J , 2021, in Tallahassee, Florida.

,:L

Clerk

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

FCHR Order No. 21-044

Page3

Copies furnished to:

Mary J. Daniels

1300 Southwest 6th Way Deerfield Beach, Florida 33441

The City of Deerfield Beach c/o Milton R. Collins, Esq.

Weiss Serota Helfinan Cole & Bierman, P.L. 1200 North Federal Hwy., Suite 312

Boca Raton, Florida 33432

John G. Van Laningham, Administrative Law Judge, DOAH John Scotese, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a y of the foregoing has been mailed to the above listed addressees this d I day of , J , 2021.

By: / r r. r - rl

Clerk of the Co ss10n

Florida Commission on Human Relations

Docket for Case No: 20-004296

Orders for Case No: 20-004296