The Issue The issue for determination is whether Respondent committed the violations set forth in the amended administrative complaint, and if so, what action should be taken.
Findings Of Fact At all times material hereto, South Florida Patrol Agency, Inc., John D. Turner, President (Respondent), held, and holds, a Class "B" Security Agency license, issued pursuant to Chapter 493, Florida Statutes, having been issued license number B91-00002. On May 20 and 25, 1994, an investigator (lead investigator) for the Department of State, Division of Licensing (Petitioner) performed a proactive inspection 1/ of the U.S.A. Flea Market (Flea Market) in Miami, Dade County, Florida. On the inspection conducted on May 25, 1994, Petitioner's investigator was accompanied by another of Petitioner's investigators. Respondent was providing security for the Flea Market on the inspection dates. On May 25, 1994, Petitioner's investigators observed that the security officer on duty at the main gate post, Jerred Smith, was not wearing a uniform. Also, Petitioner's investigators observed that the security officer on duty at the back door post, Juan Fajardo, did not have a patch or emblem on his uniform. The security officers were employed by Respondent. Respondent's President, Johnny D. Turner, was called to the main gate post by the security officer on duty and accompanied Petitioner's investigators to the other posts manned by Respondent's security officers, including the back door post. After the inspection was completed, Petitioner's lead investigator discussed the violations found with Respondent's President and requested that Respondent's President provide certain records. Respondent's President requested a meeting with Petitioner's lead investigator and the lead investigator's supervisor. A meeting was scheduled at Petitioner's Miami regional office for June 2, 1994, at which time Respondent's President was requested to bring with him records for the last six months consisting of payroll records and work schedules for security officers. However, on June 2, 1994, Respondent's President called the lead investigator's supervisor and requested that the meeting be rescheduled. The meeting was rescheduled for June 14, 1994. Respondent's President failed to appear at the rescheduled meeting. At no time subsequent thereto has the lead investigator or his supervisor been contacted by Respondent's President regarding his failure to attend the meeting scheduled for June 14, 1994, or to reschedule another meeting. Furthermore, at no time has Respondent's President provided the requested records.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing enter a final order: Imposing an administrative fine of $350 for Count II; Imposing an administrative fine of $350 for Count III; and Imposing an administrative fine of $500 for Count IV. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 10th day of July 1995. ERROL H. POWELL 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 10th day of July 1995.
The Issue The issue in this case is whether the Petitioner timely filed a complaint of discrimination in accordance with the provisions of Chapter 760, Florida Statutes (2009).
Findings Of Fact Prior to November 28, 2007, the Petitioner was employed by the Respondent. On November 26, 2008, the Petitioner sent a Technical Assistance Questionnaire (TAQ) to the Florida Commission on Human Relations (FCHR). The TAQ was submitted via facsimile transmission and was not signed. The Petitioner believed she was complying with the directives of the FCHR website and that follow-up assistance (from the FCHR) would not be required. The Petitioner did not understand that a signature was required, notwithstanding the place for same (along with a date) on page 2 of the TAQ. The Petitioner maintains that the FCHR website instructions were unclear and that she erroneously relied on the directions that did not specify she was required to sign the TAQ. The Petitioner filed a signed Charge of Discrimination with the FCHR on January 14, 2009. On February 5, 2009, the Petitioner received a "Notice of Receipt of Complaint" from the FCHR. At the same time, a copy of the complaint was furnished to the Respondent, who was then, presumably, put on notice of the Petitioner's charge. The FCHR did not advise the Petitioner that the TAQ had to be signed. In the course of its review of the instant charge, the FCHR entered a determination of "untimely." Per the FCHR's assessment, the charge of discrimination was filed more than 365 days from the last incident or act of discrimination. Thereafter, the Petitioner elected to file a Petition for Relief to challenge the determination and to seek relief against the Respondent. The Commission then forwarded the matter to the Division of Administrative Hearings for formal proceedings.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a Final Order dismissing the Petitioner's claim of discrimination. DONE AND ENTERED this 29th day of September, 2009, in Tallahassee, Leon County, Florida. J. D. PARRISH 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 29th day of September, 2009. COPIES FURNISHED: Mark Levitt, Esquire Allen, North & Blue 1477 West Fairbanks Avenue, Suite 100 Winter Park, Florida 32789 Marie C. Perez 517 29th Street West Palm Beach, Florida 33407 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
