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STANLEY J. LANE | S. J. L. vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES, 98-002534 (1998)
Division of Administrative Hearings, Florida Filed:Lakeland, Florida Jun. 03, 1998 Number: 98-002534 Latest Update: Jun. 11, 1999

The Issue Should Petitioner's request for exemption from disqualification from employment in a position of trust or responsibility be granted?

Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the agency of the State of Florida charged with the responsibility of requiring security background investigations of persons employed by employers under the Department's jurisdiction and licensing powers in positions designated by law as positions of trust or responsibility. The purpose of the security background screening is to determine if there are individuals who have committed an offense which would disqualify the individual from working in positions designated by law as positions of trust or responsibility. Petitioner was employed in a position of trust or responsibility by Anchor House Ministries in Auburndale (Anchor) located in Polk County, Florida, an agency, as that term is defined by Section 409.175(2)(a), Florida Statutes, which housed children and required licensure by the Department. Petitioner's job required that he be screened in accordance with level 2 standards for screening set forth in Chapter 435, Florida Statutes. This screening revealed a felony conviction which disqualified Petitioner from employment in a position of trust or responsibility. Petitioner and Anchor were notified of Petitioner's disqualification. Thereafter, Petitioner was discharged from his employment with Anchor. Subsequent to being discharged by Anchor, Petitioner was employed by Lakeland Regional Medical Center (Lakeland Medical). The record is not clear if Petitioner's position with Lakeland Medical required that Petitioner be screened in accordance with Chapter 435, Florida Statutes. In any event, it appears that Petitioner was not screened as a result of his employment with Lakeland Medical. On June 4, 1992, the Grand Jurors of the State of West Virginia in and for the County of Braxton returned a 16-Count Indictment, Number 92-F-20 (Indictment), against Petitioner involving allegations of breaking and entering with the intent to steal which were alleged to have occurred between June 7, 1991, and February 19, 1992, and an allegation of aggravated robbery and felonious assault alleged to have occurred on January 7, 1992, contained in Count 10 of the Indictment. On July 14, 1992, Petitioner entered Appalachian Teen Challenge, Inc. (Appalachian) and successfully completed the long-term residential program offered by Appalachian on August 3, 1993. Thereafter, on December 21, 1993, Petitioner entered a plea of guilty to the charge of grand larceny contained in Count 10 of the Indictment, a third degree felony under Section 812.014(2)(c)1., Florida Statutes. The court accepted the plea of guilty to grand larceny and adjudicated Petitioner guilty. The State of West Virginia moved to dismiss the remaining charges contained in the Indictment. The court granted the motion and all other charges were dismissed by the court. By a Sentencing Order dated December 23, 1993, the court suspended the imposition of sentence and committed the Petitioner to the custody of the West Virginia Commissioner of Corrections as a youthful offender to be assigned to a center for youthful offenders for a period of not less than six months, nor more than two years. Time served was to be at the discretion of the superintendent of the youthful offender center where Petitioner was assigned. The court also required that Petitioner undergo a period of training programs. After successfully completing the program requirements of Anthony Center, the youthful offender center where Petitioner was assigned, the court, by order dated July 7, 1994, released Petitioner from Anthony Center and placed Petitioner on probation for a period of five years. A condition of Petitioner's probation was restitution. Since being placed on probation, Petitioner has made monthly restitution payments and continues to make restitution payments. After being placed on probation, Petitioner moved to Florida and enrolled in Southeastern Bible College where he has earned 150 hours of college credits. Petitioner's move to Florida was approved by his probation officer in West Virginia. Petitioner has maintained contact with his probation officer in West Virginia since his move to Florida. Additionally, Petitioner, until just recently, maintained his residence in West Virginia. Since moving to Florida, Petitioner has married and, with the help of his father-in-law, purchased a home. There is no evidence in the court records of West Virginia concerning Petitioner's use of illegal drugs or alcohol during the time of his troubles in 1991 and 1992. However, when asked by the exemption committee concerning the use of illegal drugs and alcohol, Petitioner candidly admitted to the exemption committee that at time of his troubles in West Virginia during 1991 and 1992, he had been involved with illegal drugs and alcohol. However, Petitioner also advised the exemption committee that he was no longer involved with illegal drugs or alcohol. Furthermore, Petitioner advised the exemption committee that he had overcome his problem with drugs and alcohol though the church and his faith in God, without being involved in Alcoholics Anonymous or Narcotics Anonymous. Likewise, Petitioner's testimony at the hearing, which I find to be credible, was that he had solved his drug and alcohol problem through the church and his faith in God, notwithstanding the testimony of Malcomb Miller or Robert King to the contrary. By order dated November 4, 1998, Petitioner's probation was discharged and terminated and Petitioner was released from the supervision of the court in West Virginia. There is sufficient evidence to show that Petitioner has been sufficiently rehabilitated to be employed in a position of trust and responsibility and that he will not present a danger if allowed to be employed in a position of trust or responsibility.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department enter a final order granting Petitioner's request for an exemption from disqualification for employment in positions of trust and responsibility. DONE AND ENTERED this 29th day of December, 1998, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1998. COPIES FURNISHED: Stanley J. Lane, pro se 212 West Park Street Lakeland, Florida 33803 Jack Farley, Esquire Department of Children and Family Services 4720 Old Highway 37 Lakeland, Florida 33803 Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John S. Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700

Florida Laws (4) 120.57409.175435.04435.07
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RICHARD D. MOORE vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, 08-004555 (2008)
Division of Administrative Hearings, Florida Filed:Milton, Florida Sep. 17, 2008 Number: 08-004555 Latest Update: Mar. 09, 2009

The Issue The issue is whether Respondent committed an unlawful employment practice against Petitioner.

Findings Of Fact Petitioner is a white male. Petitioner was employed by Respondent from 1988 to April 2008. He initially worked as a dump truck driver. He was promoted to park ranger in 1993. Petitioner worked as a park ranger at the Coldwater Horse Stable (Coldwater) from 1999 to January 2006. His job duties included maintaining the facilities at the park, collecting park fees, and interacting with the people using the park. Petitioner utilized prison inmates as laborers to build fences and perform other maintenance work at the park. He was the only park ranger at Coldwater certified to supervise inmates at the time. On November 28, 2005, Petitioner was given a Memorandum of Supervision (MOS) by his supervisor for "sleeping on the job, including times when prison inmates were assigned to [his] supervision." Petitioner disputed that he was sleeping on the job, even though he testified that he was only getting three hours of sleep at night because he was working two jobs at the time. Petitioner decided to stop supervising inmates around the time that he received the MOS. Inmate supervision was voluntary for park rangers at the time. Ben Wolcott, the administrator responsible for operations at Coldwater and several other parks, was not happy with Petitioner's decision not to supervise inmates because he felt that it would reduce the amount of work that would get done at the park. Petitioner testified that there were female park rangers at Coldwater who could have supervised inmates, but that Mr. Wolcott would not allow it. However, as Petitioner acknowledged in his testimony, park rangers were not required to supervise inmates, and Petitioner was the only park ranger at Coldwater certified to supervise inmates at the time. In January 2006, Petitioner was reassigned to Krul Recreation Area (Krul), and the park ranger at Krul was reassigned to Coldwater because he was willing to supervise inmates. Petitioner's job duties and salary were not affected by this reassignment. Krul and Coldwater are both located within the Blackwater River State Forest, but according to Petitioner, Krul was approximately 14 miles farther away from his home than was Coldwater. Petitioner did not file a grievance or any other type of formal complaint regarding his reassignment to Krul or the preferential treatment allegedly given to female park rangers with respect to inmate supervision until February 2008,1 when he filed his complaint with FCHR. On November 30, 2007, Petitioner received a MOS because he was observed by Mr. Wolcott studying for his boat captain's exam while he was on duty, even though according to Mr. Wolcott, there was "plenty of work to do" in the park at the time. Petitioner did not dispute that he was studying for his boat captain's exam while he was on duty, but he claimed that there was no work for him to do at the time because it was raining. However, Mr. Wolcott credibly testified that it had not been raining for at least 30 minutes prior to the time that he observed Petitioner studying. Petitioner received "very good" performance evaluations in 2006 and 2007. His 2008 evaluation was lower, but it still reflected that Petitioner was "consistently meeting expectations." Petitioner quit his job as a park ranger effective April 21, 2008. He started working as a boat captain trainee for Cal Dive International the following day. Petitioner is earning approximately $56,000 per year as a boat captain trainee, which is $30,000 more than he was making as a park ranger. There is no credible evidence that the November 2007 MOS was related in any way to the November 2005 MOS or to Petitioner's decision to not supervise inmates. Respondent's personnel director, Elaine Cooper, credibly testified that a MOS is considered counseling, not disciplinary action. Consistent with this testimony, Respondent's Disciplinary Policy and Employee Standard of Conduct explains that a MOS is to be used to document "[m]inor violations that do not warrant disciplinary action."

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR issue a final order dismissing the Petition for Relief with prejudice. DONE AND ENTERED this 30th day of December, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II 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 30th day of December, 2008.

Florida Laws (3) 120.569760.10760.11 Florida Administrative Code (1) 60Y-5.001
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YVONNE TULLOCH vs DEPARTMENT OF JUVENILE JUSTICE, 08-002207SED (2008)
Division of Administrative Hearings, Florida Filed:Tampa, Florida May 06, 2008 Number: 08-002207SED Latest Update: Dec. 23, 2024
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PAM STEWART, AS COMMISSIONER OF EDUCATION vs DESTA KELLEHER, 15-006279PL (2015)
Division of Administrative Hearings, Florida Filed:Lakeland, Florida Nov. 10, 2015 Number: 15-006279PL Latest Update: Dec. 23, 2024
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BETTY CASTOR, AS COMMISSIONER OF EDUCATION vs EDWARD MCDONALD, 94-000563 (1994)
Division of Administrative Hearings, Florida Filed:Bartow, Florida Feb. 01, 1994 Number: 94-000563 Latest Update: Aug. 13, 1996

The Issue The issue for consideration in this case is whether Respondent's certification as a teacher in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.

Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Florida's Commissioner of Education, was the state official responsible for the certification of teachers in this state. Respondent held and currently holds Florida Teaching certificate No. 086279 in the areas of reading and social science. This certificate , unless otherwise revoked for cause, will be valid through June 30, 2000. During the school years from 1990 to 1992, Respondent was employed as a reading teacher at the Lake Alfred Career Development Center operated by the Polk County School Board, having been hired into that position by the Center's Principal, Mr. Williams, in 1990. During the 1991-1992 school year, Respondent taught T.B., a minor female. During the same school year, 1991-1992, O.B., T.B.'s sister and a minor female, also was a student at the Center, and though not a pupil of the Respondent, served as a tutor to Respondent's class. Starting in January, 1992, Respondent gave O.B. small amounts of money for personal expenditures such as drinks and lunch. He also gave her items of clothing and a check to pay for a subscription for a magazine she wanted. During the period up to April, 1992, he gave her money for making the honor roll and other sums, up to $20.00 at a time, for spending money. These payments would be made every other week or so. In addition to giving O.B. money and gifts, shortly before the spring break he also gave her his home phone number and told her that if she needed anything she should call him and they would go shopping together. On April 22, 1992 O.B. had occasion to work, alone, in Respondent's office. At the time, she was reading newspaper articles into a tape recorder for him to use to help his students in their reading lessons. While she was there, Respondent came to the office several times to check on her, and on this day, she was wearing one of the outfits Respondent had bought for her. On one of these visits, Respondent sat down across from O.B. and placed his hands on her upper thighs. As he did this, he asked her if he could do something personal with her. O.B. asked Respondent what that was, to which question Respondent told her not to ask questions but just say either yes or no. O.B, did not respond but remained silent. At this point, Respondent lifted O.B.'s skirt. He then told her to stand up while he remained seated. When she stood, Respondent reached over and pulled out on the top of O.B.'s panties. Petitioner asserts that by doing so he was able to see her vagina but this is unlikely. Because he did not pull her panties down and she was standing up, it would be difficult, if not impossible, for him to see her vagina from that angle. Regardless, he told O.B. she was beautiful, pulled her close to him, held her and kissed her between the breasts. In his affidavit, Respondent contends it was impossible for him to do this as well because of the differences in their height and the fact that he was seated at the time, but it is found that he did. At this point, Respondent stood up and told O.B. to open her mouth. When she complied, Respondent tried to kiss her, but she pulled away. With that, Respondent remarked that she "was not ready for that yet" and then left the office. O.B. then went quickly to the girls' bathroom and locked herself in. While there, she heard Respondent, or someone, walk by outside the bathroom several times. When she felt ready, O.B. left the bathroom and went to one of the classrooms down the hall where her friend, H.H. was in class. Still upset and crying from her encounter with the Respondent, O.B. got H.H. out of class and told her what had happened. While the girls were talking in the hallway, T.B. came by and noticing that O.B. was crying and upset, asked what was wrong. O.B. didn't want to say, but T.B. insisted, threatening to tell their mother if O.B. did not tell her story. After this, O.B., T.B. and H.H. went back to Respondent's office so that O.B. could get her coat and books. While they were in Respondent's office O.B. told T.B. what had happened. While this was going on, Respondent came into the office several times. On one visit he noticed the girls were looking at a magazine and he asked them if they saw anything they liked. When they pointed out several bathing suits, he circled those they had shown him and left, taking the magazine with him. While he was in the office with the two girls, Respondent asked T.B. if O.B. was OK. He later saw them again and asked them both if everything was OK. He also admonished them not to say anything to anyone about O.B.'s claim. Before they left school for home that day, Respondent again told T.B. to take care of O.B., stating that O.B. had something for her. The girls then left the area but returned shortly thereafter to find out what Respondent had meant by his last comment. At that point, Respondent indicated he had forgotten, and gave O.B. a $10.00 bill. Before leaving school that day, Respondent also told O.B. that he had behaved badly with her, claiming he had behaved like a "jackass". He said he had not meant to do it and that it would not happen again. He promised that if O.B. would not tell anyone about what he had done, he would give her money, clothes or whatever she wanted. O.B. went home with H.H. right after school, not getting to her own home until about 7:30 PM. When she got there she told her mother what had happened between Respondent and her that day. Mrs. B. immediately called the Polk County Sheriff's Department and advised them of the incident. The Sheriff's Department notified the Lake Alfred Police Department. At approximately 8:15 PM on April 22, 1992, Detective Bradley of the Lake Alfred Police Department came to O.B.'s home in response to the notification and spoke with O.B. Later that same evening, he advised Respondent of the charges against him. O.B. did not go to school on April 23, 1992 because she was too upset and almost didn't go on April 24, 1992. However, Detective Bradley asked that O.B., T.B. and H.H. come to his office to make statements concerning the incident, which they did. Thereafter, he notified the Polk County School Board of the allegations and charges against Respondent as well as the State Attorney's office from whom he sought and received permission to set up a monitored phone conversation between T.B. and the Respondent. On April 24, 1992, T.B. telephoned Respondent at school from the Lake Alfred Police Department and talked with him about the incident. In the telephone conversation, which was monitored and tape recorded by Detective Bradley, T.B. advised Respondent that H.H. was very upset over what O.B. had told her regarding the incident between him and O.B. and wondered if he would be willing to give her something to keep quiet about it. Respondent wanted to talk with H.H. about it and solicited from T.B. a telephone number at which he could call H.H. and talk with her. After taking statements from the three girls and after taping the telephone conversation T.B. had with Respondent, Bradley went to Lake Alfred Career Development Center where he talked with Mr. Williams, the principal, who called Respondent to the office. Upon being introduced to Respondent, Bradley immediately read and advised him of his rights against self incrimination. Respondent elected to remain silent at that time and seek counsel prior to being interviewed. Bradley asked no further questions and advised Respondent of the allegations and charges against him. At that time, in the presence of Detective Bradley, Respondent informed Principal Williams that he wanted to keep the matter private and would resign immediately. Respondent was suspended with pay effective April 24, 1995, and on May 5, 1992, submitted his formal letter of resignation and retirement from employment with the Polk County School System, to be effective June 11, 1992. Several days after Respondent submitted his letter, on May 13, 1992, he was informed that his suspension would be continued without pay pending the outcome of the criminal investigation. However, when Respondent's employment contract came up for renewal after the expiration of the 1991-1992 school year, it was not renewed. By letter dated June 12, 1992, the Superintendent of Schools for Polk County advised Respondent he would be permitted to resign and retire and would be paid for any accrued leave. On or about July 30, 1992, Respondent was arrested on a charge of Lewd and Lascivious Acts on a Child Under 16 Years of Age and of Tampering with a Victim or Witness relating to the allegations herein. Thereafter, on June 24, 1993, Respondent pled nolo contendere to the charge of Lewd and Lascivious Acts in Circuit Court. Adjudication of guilt was withheld and Respondent was placed on 4 years probation with conditions of probation attached. Included within these conditions was that Respondent not have unsupervised contact with any child under the age of 18. The charge of Tampering with a Victim or a Witness was dismissed. It is improper conduct for a teacher to give money or gifts to a student of that teacher within the Polk County School District. It is also inappropriate activity and misconduct for a teacher to touch a student in the manner in which Respondent touched O.B.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent, Edward McDonald's, teaching certificate in Florida be permanently revoked. RECOMMENDED this 27th day of December, 1995, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of December, 1995. COPIES FURNISHED: Edward McDonald 7203 North 40th Street Tampa, Florida 33604-4501 Ronald G. Stowers, Esquire Office of the General Counsel Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director Education Practices Commission 301 W. Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards Administrator Professional Practices Services 152 Florida Education Center 325 W. Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400

Florida Laws (1) 120.57 Florida Administrative Code (2) 6B-1.0016B-1.006
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GLORIA J. PRESTON vs DEPARTMENT OF JUVENILE JUSTICE, 06-005288SED (2006)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Dec. 21, 2006 Number: 06-005288SED Latest Update: Dec. 23, 2024
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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs JODI SINGER, 05-002335PL (2005)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jun. 29, 2005 Number: 05-002335PL Latest Update: Dec. 23, 2024
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DEPARTMENT OF COMMUNITY AFFAIRS vs HIGHLANDS COUNTY, 09-001067GM (2009)
Division of Administrative Hearings, Florida Filed:Sebring, Florida Feb. 27, 2009 Number: 09-001067GM Latest Update: Dec. 22, 2009

Conclusions This cause is before the Department of Community Affairs on an Order Closing File, a copy of which is appended hereto. as Exhibit A. , On December 23, 2008, Respondent Highlands County adopted an amendment to its comprehensive plan by Ordinance No. 08-08-62 (Amendment). The Department reviewed the Amendment, determined that it did not meet the criteria for compliance set forth in Section 163.3184 (1) (b), Florida Statutes, and caused to be published a Notice of Intent to find the Amendment not “in compliance.” The Department then instituted this administrative proceeding against the County pursuant to Section 163.3184(10), Florida Statutes. FINAL ORDER No. DCA09-GM-406 On December 15, 2009, the County repealed the Amendment by Ordinance No. 09-10-04. By virtue of this rescission, the instant controversy has been rendered moot and this proceeding must be dismissed. See Department of Highway Safety & Motor Vehicles v. Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver’s license was rescinded by the Department) .

Other Judicial Opinions REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1)®) AND 9.110. : TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER No. DCA09-GM-406 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished by U.S. Mail to each of the persons listed below on this At day of DIE , 2009. aula Ford Agency Clerk By U.S. Mail The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 J. Ross Macbeth, Esquire Highlands County Attorney 2543 U.S. 27 South Sebring, Florida 33871-1926 Bert J. Harris, III, Esquire Swaine, Harris & Sheehan, P.A. 401 Dal Hall Boulevard Lake Placid, Florida 33852 By Hand Delivery Lynette Norr Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100

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LORENZO MCGILL vs US MARINE/BAYLINER MARINE CORPORATION, 95-006018 (1995)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Dec. 13, 1995 Number: 95-006018 Latest Update: Mar. 18, 1996

The Issue Whether the Petition for Relief from an unlawful employment practice was timely filed with the Florida Commission on Human Relations, thereby permitting the Division of Administrative Hearings to exercise jurisdiction for the conduct of a formal hearing under the provisions of Section 120.57(1), Florida Statutes.

Findings Of Fact On December 13, 1995, and again on January 12, 1996, the Florida Commission on Human Relations (FCHR) transmitted to the Division of Administrative Hearings (DOAH) a Petition for Relief from an Unlawful Employment Practice, together with all other "pleadings and jurisdictional papers heretofore filed in this proceeding." The pleadings and papers transmitted by FCHR show that Petitioner filed a complaint with FCHR on December 2, 1994, charging an unlawful employment practice by Respondent. On October 11, 1995, the FCHR concluded its investigation into the matter and issued its determination of No Cause to believe that an unlawful employment practice had occurred. Notice of that determination was served on Petitioner at his Quincy, Florida address by regular mail. The "Notice of Determination: No Cause" served on Petitioner included the following statement: Complainant may request an administrative hearing by filing a PETITION FOR RELIEF with 35 days of the date of this NOTICE OF DETER- MINATION: NO CAUSE. The "Notice of Determination: No Cause" also contained the following statement: If the Complainant fails to request an admini- strative hearing within 35 days of the date of this notice, the administrative claim under the Florida Civil Rights Act of 1992, Chapter 760, will be dismissed pursuant to Section 760.11, Florida Statutes (1992). Petitioner received the Notice of Determination. Sometime after receipt of the notice, Petitioner telephoned the FCHR and spoke with a secretary who again explained the necessity of filing a Petition For Relief to Petitioner within the specified time limits. Petitioner filed a Petition For Relief on November 27, 1995, approximately 47 days after issuance of the Notice of Determination: No Cause. No evidence was presented by Petitioner that he did not receive the mail notice of the FCHR determination in a timely fashion sufficient to permit his timely filing of a Petition For Relief.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered dismissing with prejudice the Petition for Relief in DOAH Case No. 95-6018 and FCHR Case No. 94-E334, for failure to timely file the Petition. DONE and ENTERED this 18th day of March, 1996, in Tallahassee, Leon County, Florida. DON W. DAVIS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th of March, 1996. COPIES FURNISHED: Lorenzo McGill Route 7, Box 4096 Quincy, Florida 32351 Kimberly L. King, Esquire Messer, Caparello, Madsen, et al. Post Office Box 1876 Tallahassee, Florida 32302-1876 Sharon Moultry, Clerk Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Ronald M. McElrath, Executive Director Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Dana Baird, General Counsel Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149

Florida Laws (2) 120.57760.11
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ROGER P. KELLEY vs OFFICE OF INSURANCE REGULATION, 09-002553 (2009)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida May 14, 2009 Number: 09-002553 Latest Update: Jan. 14, 2010
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