Findings Of Fact On the basis of the stipulations of the parties, of the exhibits received in evidence, and the testimony of the witnesses at hearing, I make the following findings of fact. The Respondent, Sandra Leah Medina Pough, is, and has been at all times material hereto, a licensed practical nurse in the State of Florida, having been issued license number 0696361. Respondent's last known address is Route One, Box 1588, Gainesville, Florida 32609. At all times material to this complaint, the Respondent was employed at the Sunland Training Center (Sunland) in Gainesville, Florida, although Respondent is no longer employed at that facility. In July 1985, and again in August 1985, the Respondent administered tuberculosis skin tests to patients at Sunland without a physician's order to do so. The August incident occurred in direct contravention of previous orders. These two unauthorized administrations of tuberculosis skin tests occurred because of the Respondent's failure to take adequate steps to verify the identity of the patients to whom the tuberculosis skin tests were administered. These two unauthorized administrations of tuberculosis skin tests were administered to patients who had previously had a positive tuberculosis skin test. After a patient has had a positive tuberculosis skin test, it is unnecessary, against hospital policy, and potentially harmful to give the test again. The harm which can result from readministration of the test includes induration or ulceration of the test site, tissue damage and infection, and local reaction to the vaccine. A nurse should never administer tuberculosis skin tests to a patient without a physician's order to do so. It is the duty and responsibility of a nurse to verify the identification of a patient before administering any tests or medications which require a physician's order. It is a departure from, or a failure to conform to, the minimal standards of acceptable and prevailing nursing practice for a nurse to administer tuberculosis skin tests without a physician's order or for a nurse to administer tuberculosis skin tests without positive verification of the identity of the patient to whom the test is administered. On August 22, 1985, the Respondent was requested to obtain a urine sample from a patient by means of the "clean-catch" method. Instead of using the "clean-catch" method, the Respondent catheterized the patient. The catheterization of the patient was done without a physician's order and in direct contravention of specific instructions given to the Respondent. Catheterization has inherent risks, such as an increased risk of infection and the possibility of traumatic injury. A nurse should never catheterize a patient without a physician's order to do so. It is a departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice for a nurse to catheterize a patient without a physician's order to do so. None of the patients involved in the three incidents described above suffered any actual injury as a result of the actions described above. However, all of the patients were unnecessarily exposed to a risk of actual injury as a result of the conduct described above. It is extremely important in the practice of nursing for a nurse to always verify that the correct medication is being administered to the correct patient and to verify that the correct procedure is being performed upon the correct patient. A failure to make such verification exposes the patient to unnecessary and potentially dangerous risks. The professional standards applicable to the occurrences described above are the same for both licensed practical nurses and registered nurses.
Recommendation Based on all of the foregoing and giving particular consideration to the factors specified in Rule 21-10.05, Florida Administrative Code, it is recommended that the Board of Nursing enter a Final Order in this case finding the Respondent guilty of a violation of Section 464.018(1)(f), Florida Statutes, and imposing the following penalty: Suspending the Respondent's license for a period of 60 days, and Placing the Respondent on probation for a period of one year following the 60-day period of suspension, during which period of probation the Respondent shall be required to attend continuing education courses in the areas of administration of medications and the legal aspects of nursing. DONE AND ORDERED this 19th day of August 1986, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 19th day of August 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-1399 The following are my specific rulings on each of the proposed findings of fact submitted by the parties. Findings proposed by Petitioner I have accepted all of the proposed findings of fact submitted by the Petitioner with the exception of those found in paragraphs 3 and 8 of Petitioner's proposed findings. The findings proposed in paragraphs 3 and 8 are rejected as constituting subordinate and unnecessary details. Findings proposed by Respondent None. COPIES FURNISHED: William M. Furlow, Esquire Senior Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Sandra L. M. Pough Route 1, Box 1588 Gainesville, Florida 32609 Wings Benton, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Judie Ritter, Executive Director Board of Nursing Room 504, 111 East Coastline Drive Jacksonville, Florida 32201 =================================================================
The Issue The issues are whether Respondent is guilty of caring for a resident beyond the scope of Respondent's license and whether Respondent failed to ensure that an employee timely obtained a tuberculosis test.
Findings Of Fact Respondent owns and operates a licensed assisted living facility (ALF) known as Harborview Acres in Port Charlotte. Respondent's ALF license does not include an extended congregate care license or a limited nursing service license--both of which authorize an ALF to provide additional services to its residents. Petitioner conducted an biennial survey of Respondent's facility on August 24, 1998. As a result of findings made during the survey, Petitioner cited Respondent for two deficiencies that are at issue in this case. The first cited deficiency is Tag A 006, which asserts that Respondent's license does not authorize the type of care that it was providing to one resident, who is identified as Resident 3. Petitioner's surveyors saw one meal during which Resident 3 refused to feed herself. She ate while a staffperson helped her eat, but, as soon as the staffperson walked away, Resident 3 began to spill food onto herself. Resident 3 was confined to a wheelchair and required assistance in transfers from and to her wheelchair. She required assistance in various activities of daily living, such as dressing herself, combing her hair, and bathing. However, unknown to the surveyor and staff, Resident 3 was ill with a urinary tract infection. A few days previously, she had been walking with a walker, but otherwise without assistance, and had been feeding herself. The record does not permit a finding that the condition of Resident 3 was such as to require services beyond the scope of Respondent's license. During the survey, one surveyor reviewed staff files and found that the documentation for Staff 3, who had been hired on July 12, 1996, revealed no tuberculosis test since August 17, 1997. Zia Butt, the administrator, admitted that the employee's test was overdue. As Ms. Butt explained, the employee had gone to the County Public Health Office for a tuberculosis test, but the office had been unable to conduct the test and told her to return in a week. Petitioner properly classified this deficiency as a Class III deficiency. The failure of a caregiver to obtain annual tuberculosis tests indirectly or potentially threatens the physical or emotional health, safety, or security of the residents of the facility. The surveyor gave Respondent until September 21, 1998, for Staff 3 to obtain a tuberculosis test. The record does not establish that Respondent failed to correct this deficiency within the time permitted. Likewise, the record does not establish the factual basis for the allegation that this is a repeated offense.
Recommendation It is RECOMMENDED that the Agency for Health Care Administration dismiss the Administrative Complaint against Respondent. DONE AND ENTERED this 4th day of June, 1999, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 1999. COPIES FURNISHED: Karel L. Baarslag Senior Attorney Agency for Health Care Administration Post Office Box 60127 Fort Myers, Florida 33906-0127 Zia Butt Administrator Harborview Acres, Inc. 4950 Pocatella Drive North Port, Florida 34287 Paul J. Martin, General Counsel Agency for Health Care Administration Fort Knox Building 3, Suite 3431 2727 Mahan Drive Tallahassee, Florida 32308 Sam Power, Agency Clerk Agency for Health Care Administration Fort Knox Building 3, Suite 3431 2727 Mahan Drive Tallahassee, Florida 32308
The Issue As stipulated by the parties, the issue to be resolved in this proceeding is whether the Respondent, Harris Corporation, violated Section 760.10, F.S., by intentionally discriminating against Petitioner, James Eckels, on the basis of handicap (AIDS) when it failed to consider or hire the Petitioner for positions for which he applied. (Joint Prehearing Statement filed 1/8/92)
Findings Of Fact Petitioner testified, and Respondent does not contest, that the Petitioner was first diagnosed as having the human immunodeficiency virus (HIV) infection in 1986 and was first diagnosed as having acquired immune deficiency syndrome (AIDS) in 1987. Petitioner became employed by the Respondent, Harris Corporation (Respondent or Harris), in 1984 specifically for the business development function of the VHSIC (very high speed integrated circuits) Operation of its Government Aerospace Systems Division (GASD). GASD is a division of Respondent's Electronic Systems Sector. The purpose of the business development function for the VHSIC operation was to manage the insertion of VHSIC chips and technology into systems level programs. The Petitioner's performance in the VHSIC operation was considered adequate. The VHSIC operation was disbanded when its sponsor, the federal government began to withdraw its support. Petitioner was transferred to GASD's Aircraft Systems Group of business development as a Manager, where he spent his last five months with Respondent. On December 2, 1988, Petitioner was laid off by the Respondent as part of the most extensive reduction-in-force in GASD's history, involving approximately 75 employees division-wide, including a number of key technical personnel. The reduction in force was necessitated by a severe downturn in GASD's business as a result of, among other things, the residual effects of the termination of four major government contracts in late 1987 and the early part of 1988. In the business development area, cuts were made in discretionary expenses, such as advertising, trade shows, etc., but these were still insufficient to meet cost reduction goals in business development. As a result, it was determined that laying off two people from business development would be necessary. Petitioner was selected for layoff because the special VHSIC operation for which he had been specifically hired had been closed and his subsequent assignments were not in the prime market areas which had been determined to be the focus of GASD's near-term business development efforts. The remaining employees in business development were already familiar with, and working with those market areas. Another business development employee was also selected for layoff, but voluntarily left before the reduction-in-force was implemented. Petitioner did not voluntarily leave and sent a letter to Mr. Don Caylor, GASD Manager of Employee Relations expressing his interest in staying at Harris. On January 17, 1989, Petitioner went to GASD and spoke with Mr. Caylor. At that time, the Petitioner requested and was provided an application for long- term disability benefits. There was no discussion of the basis, only that Petitioner's physician had recommended it. Petitioner thereafter submitted the application for long-term disability benefits. Mr. Caylor first became aware of Petitioner's basis for disability claim in February or March 1989. He acquired this knowledge when he was shown the long-term disability application which the Petitioner had filed. Mr. Caylor discussed the HIV-positive status of Petitioner only with Ms. Selwyn Edwards, Director of Human Resources. Respondent's long-term disability program is managed by a third party, Equicor. However, Mr. Caylor was responsible for the benefits function within GASD's human resources group. Ms. Edwards, who has held the position of GASD's Director of Human Resources since 1981, is the most senior Human Resources officer in GASD. Neither Ms. Edwards nor Mr. Caylor discussed Petitioner's condition with Mr. Arthur Kramer, GASD's Employment Manager. The fifteen or so employees in the GASD human relations function have specific, segregated responsibilities. Mr. Caylor has no involvement with the employment process at GASD in general and had no involvement with the Petitioner's February 1990 application in particular. His responsibilities were management of employee relations, addressing conflicts between management and employees, communications, training and development, and the benefits function. The employment process is the responsibility of Mr. Art Kramer, the Employment Manager. Mr. Kramer has been employed by Respondent for over 13 years, has been with GASD for over 12 years, and has held the Employment Manager position since some time after 1984. His responsibilities were to seek applicants to fill GASD's needs, conduct preliminary screening of applicants, and manage the hiring process. On the advice of attorneys that Petitioner had consulted, he submitted an "Application for Professional Employment" to GASD on February 12, 1990. The Application requested consideration for "defense marketing" positions. On February 12, 1990, GASD had two business development openings: one for a Business Development Manager III position for C3I programs (C3I position); and the other for a Business Development Manager IV position for the DOD/Special Systems business area (DOD/Special Systems position). GASD does not give laid-off exempt employees, such as Mr. Eckels, any preferential recall rights or preferential consideration for new openings. GASD receives approximately 200 unsolicited applications and resumes per week. As a result, a preliminary screening procedure has been established to immediately eliminate applicants who do not possess qualifications for available openings. Most receive letters indicating GASD does not have a position suited to the person's background. Mr. Kramer, as Employment Manager for GASD, has the responsibility of conducting this preliminary screening of applications. Mr. Kramer examined Petitioner's resume and application, and determined that he was not qualified for either of the then-current openings. He notified Petitioner of that determination by letter on February 20, 1990. The sole focus of the C3I program was in avionics, as data links for airborne platforms. Up until the last five months of the Petitioner's employment with GASD, his sole experience with Harris had been in the new technology venture of VHSIC. Mr. Kramer knew this, and that it did not include the airborne experience being sought. Further, the Petitioner's resume reflected that Petitioner's most (and most extensive) recent pre-GASD background in research and development centered on such things as equipment for rock excavation, turbine engines, ecological studies, propulsion systems for ships. Mr. Kramer determined that the Petitioner did not have the background required for the position. A number of other candidates whose resumes reflected substantial avionics experience were also not hired for the C3I position. When Petitioner's February 12, 1990 application was submitted, Respondent had already offered the C3I position to a Mr. Ward Shaklee and was in final negotiations with him. A final offer letter had been made in early February 1990. Shaklee accepted the offer and was hired to fill that position. In the C3I business area, GASD specifically planned to exploit its investment in the data links programs for advanced fighters. Mr. Shaklee had been employed for the previous three and one-half years by the Collins Government Avionics Division of Rockwell International. Collins was in the data links business, as a direct competitor of GASD. This meant Mr. Shaklee had the experience and competitor knowledge being sought by GASD. Further, Mr. Shaklee's entire post-military career had been in marketing the type of avionic programs the C3I position was targeting. Finally, he had ten years military experience in the Air Force tactical air command, giving him the firsthand customer knowledge the C3I position required. Thus, Mr. Shaklee's credentials were deemed to be the best match to the Respondent's needs in the C3I business area. The second opening at the time of the Petitioner's application -- the DOD/Special Systems position -- called for "special systems" programs experience, special accesses for these type programs and specialized contacts. As admitted by the Petitioner, these systems are highly secured and classified, involving a community in which the people know one another. Neither the Petitioner's resume nor his application reflect any special systems experience, and the Petitioner admits this. Mr. Kramer made the determination that the Petitioner was not qualified for this opening. The DOD/Special Systems position was filled with a Mr. Chuck McElwee, who was transferred from within GASD. Mr. McElwee had been with Respondent for 14 years and was, most recently, on assignment in the same product line, and had the specialized contacts and special access required for the position. Mr. Kramer was the only person involved in the decision not to further consider Eckels' application for either of C3I or DOD/Special Systems positions. Mr. Kramer did not learn that Petitioner had AIDS until some time after Petitioner filed his Charge of Discrimination with the Florida Commission on Human Relations (FCHR). The FCHR charge is dated February 21, 1990. Petitioner admits that he scrupulously safeguarded the fact of his disability while at Harris, including purchasing AZT medication and other treatment on his own, rather than through the employers' health benefits. Because of this, and because of the organizational detachment of Mr. Kramer's function from that of Caylor, Mr. Kramer did not know Petitioner had AIDS when he screened his applications and determined Petitioner unqualified.
Recommendation Based on the foregoing, it is hereby, recommended that the Florida Commission on Human Relations enter its Final Order dismissing the Petition for Relief. RECOMMENDED this 16th day of March, 1992, in Tallahassee, Leon County, Florida. MARY CLARK 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 16th day of March, 1992. COPIES FURNISHED: James R. Eckels 4200 N. Ocean Dr., Ste. A1206 Singer Island, FL 33404 W. Russell Hamilton, III, Esquire Morgan, Lewis & Bockius 5300 Southeast Financial Center 200 S. Biscayne Blvd. Miami, FL 33131-2339 Anne Barrett-Davis Senior Legal Assistant Harris Corporation 1025 West NASA Blvd. Melbourne, FL 32919 Dana Baird, General Counsel Commission on Human Relations Bldg. F, Ste. 240 325 John Knox Rd. Tallahassee, FL 32303-4113 Margaret Jones, Clerk Commission on Human Relations Bldg. F, Ste. 240 325 John Knox Rd. Tallahassee, FL 32303-4113
The Issue The issue in this case is whether Mamie Wilson is entitled to retirement credit for the period January 1952 through September, 1958 when she was employed at the Lantana Tuberculosis Hospital. There is no dispute that Mamie Wilson was employed at the Lantana Tuberculosis Hospital during this time period. However, the Department contends that Ms. Wilson received a refund of her state employee retirement contributions of $449.09 on February 15, 1961 and is therefore not entitled to credit for that period of service. Ms. Wilson claims that she never applied for nor received any refund of retirement contributions and, therefore, her retirement should include credit for her employment at the hospital.
Findings Of Fact Ms. Mamie Wilson worked at the Southeast Florida Tuberculosis Hospital in Lantana, Florida from January, 1952 to September, 1958. At that time, she resided at 1109 Sapodilla Avenue. She left the job in 1958 after she became pregnant. At some point thereafter, Ms. Wilson moved to 1103 Division Street in West Palm Beach. The exact date she moved to this address has not been established. Ms. Wilson was employed at the county nursing home by Palm Beach County from March, 1964 through August, 1974. She resigned due to injuries that she received in an automobile accident. In 1983, Ms. Wilson wrote to the Administrator of the Division of Retirement and requested that her retirement beneficiary be changed from her mother, Anna Williams, who had died, to her son, Alonzo Peterson. In response, she received a letter dated November 21, 1983 from the Division of Retirement stating that if she retired as of November 1, 1983 she would be entitled to a retirement benefit of $65.96 per month based upon 10.75 total years of service with average final compensation of $4,788. The letter also told her that her service at the Lantana Tuberculosis Hospital may be creditable and if she wished to claim that service she should have her salaries and earnings certified to determine if this service was includable for retirement purposes. Ms. Wilson never responded to the November 23, 1983 letter from the Division of Retirement because she did not intend to retire at that time; she only wanted to change her beneficiary. In January, 1986, Ms. Wilson was preparing to retire and went to the county courthouse where she was assisted in preparing a Request for Audit form for retirement effective as of March 16, 1986. On the form, the only employment she listed was the job at the Palm Beach County Nursing Home from 1964 to 1974. The Division of Retirement prepared an estimate of Retirement Benefits form dated February 1, 1986 estimating her retirement benefits based upon 10.75 total years of service. A subsequent form was prepared by the Division dated February 25, 1986 estimating her service as 16.33 years on the assumption that Ms. Wilson would pay $1,413.82 to repurchase the time she worked at the tuberculosis hospital for which the Division of Retirement contended her contributions had been refunded in 1961. If she did so, her retirement benefit would be $106.41 per month. If her retirement was based solely on the time she worked at the county nursing home, her monthly benefit would be $66.19 per month. Ms. Wilson denied ever requesting or receiving a refund of retirement benefits for the time she worked at the tuberculosis hospital. The files and records of the Division of Retirement and the Florida Department of Health and Rehabilitative Services reflect that on February 15, 1961, State of Florida warrant No. 063522 in the amount of $449.09 was issued to the Petitioner, Mamie Wilson, as a refund of her retirement contributions covering her service at Southeast Florida Tuberculosis Hospital in Lantana, Florida. The Department has produced a receipt prepared for use in connection with delivery of that warrant. However, that receipt is not signed. It shows Ms. Wilson's address at 1103 Division Street. While Ms. Wilson did not live at that address when she actually worked for the hospital, she did move to that address later. At the initial hearing regarding this matter in Case No. 86-2545, the Department was unable to produce a copy of the actual warrant purportedly issued to the Petitioner. However, at the hearing on May 2, 1989, the Department introduced into evidence the deposition of John F. McCarthy. An exhibit to that deposition, is a copy of State of Florida warrant No. 063522 dated February 15, 1961 in the amount of $449.09 payable to the order of M. Wilson. There is an endorsement on the back of "M. Wilson, 1103 Division W.P.B.FLA." The copy of the warrant and the endorsement on the back have been certified by the Comptroller of the State of Florida as true and correct copies of the front and back of the original warrant. Mr. McCarthy, an expert regarding the examination of questioned documents, compared the endorsement on the back of the warrant with known samples of Petitioner's handwriting and testified that, in his opinion, the same individual produced the signatures on each of the documents. State of Florida warrant No. 063522 was paid by the Treasurer of the State of Florida through normal banking channels. Although Petitioner vehemently denies ever requesting or receiving a refund of her retirement contributions for the period from January, 1952 to September, 1958, the greater weight of the evidence establishes that the Petitioner received and cashed State of Florida warrant No. 0673522 dated February 15, 1961 in the amount of $449.09 as a refund of her retirement contributions covering her period of service at Southeast Florida Tuberculosis Hospital, Lantana, Florida.
Recommendation It is RECOMMENDED that the Petitioner not be credited with any creditable service under the provisions of Chapter 121, Florida Statutes, for the period from January, 1952 to September, 1958 unless she pays the amount due to claim her refunded prior service as provided in Chapter 121, Florida Statutes, (1987). DONE AND ENTERED this 27th day of June, 1989, in Tallahassee, Leon County, Florida. J. STEPHEN MENTON 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 day of June, 1989. APPENDIX TO RECOMMENDED ORDER 89-1246 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes on all of the proposed findings of fact submitted by the Respondent in this case. (Petitioner did not submit any proposed findings of fact) Rulings on Respondent's Findings of Fact Covered in finding of fact 1. Covered in finding of fact 2. Covered in finding of fact 3. Covered in finding of fact 4. Rejected as argument on the evidence rather than proposed finding of fact. Covered in finding of fact 6. Covered in finding of fact 7. Covered in the Preliminary Statement. Rejected as merely a recitation of the testimony. Covered in finding of fact 9. Rejected as argument on the evidence rather than a proposed finding of fact. Rejected as argument on the evidence rather than a finding of fact. COPIES FURNISHED: Adis Vila, Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32399-1550 Alexander Myers, Esquire Suite 106 III 1655 Palm Beach Leggs Blvd. West Palm Beach, Florida 33401 Brett M. Findler, Esquire 2090 Palm Beach Leggs Blvd. Executive Suite West Palm Beach, Florida 33401 Burton M. Michaels, Esquire Senior Attorney Office of General Counsel Department of Administration Room 440 Carlton Building Tallahassee, Florida 32399-1550
Findings Of Fact In early August of 1992, petitioner Howard D. Kline began work as a waiter for respondent, making at least $189 per week. Fearing he might be infected, he gave blood samples on September 21, 1993, at the Bay County Public Health Unit and asked that they be tested for human immunodeficiency virus (HIV). The samples were sent to Jacksonville, and one was forwarded to the Center for Disease Control in Atlanta, Georgia. On September 28, 1992, a report of diagnostic testing done on petitioner's blood in Jacksonville, Petitioner's Exhibit No. 1, was mailed to the health department in Panama City. It reached Nancy S. Nichols, who worked at the Bay County Public Health Unit, on or before October 6, 1992. She had seen the results by the time she talked to Mr. Kline on October 6, 1992, and advised him that he had tested positive. The following day Mr. Kline stopped by the Four Winds restaurant to speak to Barbara Zaleski; wife of (one of) respondent's owners (and possibly herself a co-owner.) Although the restaurant had both a manager and an assistant manager, Ms. Zaleski had authority to hire and fire staff. When Mr. Kline told her of his affliction, she wept sympathetically, then told him he could no longer work at the restaurant because it was bad for business. On October 8, 1993, word reached Mrs. Nichols that the diagnostic testing of petitioner's blood done in Atlanta confirmed the earlier, positive diagnosis. Approximately a week later petitioner stopped by the restaurant to pick up his final paycheck. Two weeks elapsed after his discharge before he found another job. During the two-week hiatus, he lost wages totalling $378. The restaurant hired a waitress to take petitioner's place. The evidence did not reveal her status as regards human immunodeficiency virus. Respondent employed (a) cook(s) and (a) bookkeeper(s) as well as serving staff, an assistant manager and a manager, until it closed, more than three months after petitioner's discharge. The total number of respondent's employees was not proven, nor the total number of people respondent employed at any one time. Services of an attorney worth $4,700 have reasonably been required in the presentation of this claim, but these services would, except for $125 have also been necessary for the presentation of the same claim in court.
Recommendation It is, accordingly, RECOMMENDED: That the FCHR dismiss the petition, without prejudice to petitioner's proceeding in circuit court on any claim not predicated on the Florida Civil Rights Act of 1992, Sections 760.01-760.11 and 509.092, Florida Statutes (1993). DONE AND ENTERED this 14th day of December, 1993, in Tallahassee, Florida. ROBERT T. BENTON, II 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 14th day of December, 1993. COPIES FURNISHED: David L. Jernigan 3020 Kingswood Drive Panama City, Florida 32405 Nancy L. Jones Post Office Box 2062 Panama City, Florida 32401 Sharon Moultry, Clerk Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 Dana Baird, General Counsel Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149
