The Issue The issue is whether Petitioner properly denied Respondent's request to amend or expunge FPSS Report Number 97-025819.
Findings Of Fact Liberty Intermediate Care Facility ("LICF" or "Liberty ICF") is a residential facility which provides care, shelter, and sustenance to developmentally disabled adults. From time to time, certain residents at Liberty ICF require "one-on-one" supervision. In that circumstance, one staff member is assigned to look after only one resident. The staff member must maintain eye contact with the resident and must keep the resident within arm's reach at all times. During March 1997, Respondent provided direct care to developmentally disabled adult residents at Liberty ICF in her capacity as a Direct Care Instructor. On March 6, 1997, Respondent was assigned one-on-one supervision of M.H., a developmentally disabled adult resident of the LICF. M.H. was known to leave the facility and to commit acts of physical self-abuse, such as head banging, if he was not carefully monitored. M.H. suffers from mental limitations which substantially restrict his ability to perform the normal activities of daily living. At the time of this assignment, Respondent was aware of M.H.'s propensities. At around 3:00 p.m. on the afternoon of March 6, 1997, as Respondent was performing this supervision, M.H. was asleep on his bed, while Respondent was sitting on the chair next to the bed. When M.H. awoke, Respondent gave him some gummy bears. M.H. then accepted the gummy bears, went to the window, and stared outside. Respondent then sat down in the chair beside the bed and went to sleep. While Respondent was sleeping M.H. left the room and exited the building. Another staff member observed M.H.'s departure. Behavioral Program Specialist Cathy Buchanon entered M.H.'s room, woke Respondent, and asked her where M.H. was. Respondent stated that she did not know where he was. Respondent and Ms. Buchanan left the building and found M.H. in the parking lot.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Children and Family Services enter a Final Order retaining as confirmed the report of adult neglect naming Respondent as perpetrator. DONE AND ENTERED this 21st day of November, 1997, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 21st day of November, 1997. COPIES FURNISHED: John R. Perry, Esquire Department of Children and Family Services Suite 252-A 2639 North Monroe Street Tallahassee, Florida 32399-2949 T. R. (address of record) Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard A. Doran, Esquire Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue Whether Petitioner is entitled to a foster care license upon satisfactory evidence of financial ability to provide care for children placed in her home.
Findings Of Fact Petitioner took the required courses through the Department and applied for a foster home license. She passed all home visits with flying colors and was recommended for licensure. Her application contained a family financial statement which reflected her monthly income as $660.00 and her estimated monthly liabilities (expenditures) as $625.62. The Department calculated Petitioner's residual income as $34.38 by deducting her usual expenses from her usual income. Because substitute care parents must have sufficient income to assure the stability and security of their own family without relying on foster care payments and must have sufficient income to cover four to six weeks of a foster child's care during anticipated lag time in receiving foster care payments, Petitioner's application was denied. The $660.00 Petitioner declared in her financial statement is made up of $460.00 monthly social security income plus $200.00 from unenumerated sources. Petitioner is not employed outside the home. Petitioner testified credibly that, as of the date of hearing on January 18, 2001, she had nearly $15,000.00 saved in her bank account, mostly as the proceeds of the "Black Farmers Settlement" of a class action lawsuit. In support of her testimony, Petitioner also had admitted in evidence an undated letter addressed to her, showing transmittal to her of a check for $50,000.00 "cash award," in the cases of Pigford et al. v. Glickman, and Brewington et al. v. Glickman. Petitioner also had admitted in evidence an AmSouth "Official Check," dated January 3, 2001, made out to her in the amount of $14,928.88. This appears to be a certified cashier's check she asked for in order to demonstrate her bank balance for the hearing. Petitioner further testified that she had made a deposit to her checking account. She had admitted in evidence an AmSouth customer receipt (deposit slip) showing an AmSouth account balance of $59.85 to which a $3,000.00 check had been deposited on November 1, 2000. The numbers on this item did not match those on her check cashing card or her voided check, which items were also admitted in evidence. However, there is no reason to believe the numbers would match, considering modern automatic banking safeguards. What, precisely, this receipt was intended to demonstrate is unclear. Much of Petitioner's $50,000.00 settlement monies went to pay for hip replacement surgery, and she is fully recovered. Prior to making her application and while she was still in training, that is, prior to November 29, 1999, the Department allowed Petitioner to take in some foster children on an emergency basis. The understanding at that time was that Petitioner would bear all the children's expenses with no reimbursement by any government program except for their medical aid. During this period, Petitioner frequently complained that she had no money to put gas in her car to bring a certain child or children to the Department office for their medical care or to see their case workers. As near as can be determined from this record, these events occurred in the fall of 1999 or early in the year 2000, but without information as to when Petitioner received her lump-sum class action settlement, it is impossible to assess whether these events occurred before or after Petitioner received her class action settlement. Petitioner's Lease for Voucher Tenancy, Section 8, Tenant-Based Assistance Rental Voucher Program, signed April 7, 2000, stated that she lives in the home with four other individuals: Irene Turner, Lionel Cook, Iman McCullough, and Christina Honeycutt. However, a June 26, 2000, Home Study Report concluded, based on visits in April and May 2000, that Petitioner lives alone. Iman McCullough, a foster child, lived in Petitioner's home for a short period in 1999, but by September 2000, she was living in another foster home. Christina Honeycutt, also a foster child, lived in Petitioner's home only briefly in 1999. Another individual listed on the April 7, 2000, lease as a resident of the home is Lionel Cook, one of Petitioner's sons. However, the June 26, 2000, Home Study Report stated that Petitioner did not know her sons' addresses or phone numbers and that she had stated she has no contact with them. The Petitioner's Section 8 rent is $30.00 per month, calculated on five residents in the home. It is conceivable that a change in the number of people in the home may alter the amount paid for rent. There was no evidence presented concerning how much per child Petitioner would receive if her application were granted. Petitioner testified that she hoped to have four children assigned to her. The June 26, 2000, Home Study Report recommended that she receive five children.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Department of Children and Family Services enter a Final Order denying Petitioner's application for a foster home license at this time and without prejudice to reapply. DONE AND ENTERED this 1st day of March, 2001, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS 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 1st day of March, 2001.
The Issue Whether Respondent committed violations of the Florida Civil Rights Act of 1992.
Findings Of Fact Petitioner began working at Apalachee Correctional Institute (ACI) in 1993. ACI had about 1,600 to 1,800 inmates during times pertinent to this case. The inmates assigned to ACI are those found to be mentally disturbed. ACI is divided into the East Unit and the West Unit. Petitioner was hired as a Clerk Typist Specialist. She worked in the health services area performing typing and filing in the East Unit. In time Petitioner developed carpal tunnel syndrome. She had three surgeries, two of which involved her wrists. These medical problems prevented her from working a normal schedule and she had to expend her leave in order to cover her absences. Because of the problems with her wrists, she had, from time to time, difficulty typing without experiencing pain. Ann Lashley was employed in the West Unit. In 1995, she had a disagreement with her co-workers and, as a result, she was transferred to the East Unit. Subsequently, Petitioner was moved to the West Unit. Much of the work accomplished by the clerk-typists was related to transcribing psychiatrists' notes. The psychiatrists in the East Unit often typed their own notes. The psychiatrists in the West Unit did not. Therefore, there was more typing for the clerk-typists in the West Unit. Petitioner had difficulty keeping up with this additional typing. John Frank Williams was the overall supervisor of the East and West Units. He does not know, or in any event does not recall, why Petitioner was transferred. Petitioner filed a workers' compensation claim based on a date of accident of August 1, 1993. Petitioner's medical situation was coordinated with the Florida Division of Risk Management. A contract service, Compensation Rehabilitation Associates, was employed to audit Petitioner's work station and to determine what, if any, special equipment might assist Petitioner in accomplishing her employment duties without pain. A representative of Compensation Rehabilitation Associates opined that Petitioner required an ergonomically designed chair. Mr. Williams ordered one for her and Petitioner used it. Mr. Williams had work which had to be addressed. Nevertheless, he was aware of Petitioner's limitations and need to visit doctors and made diligent efforts to resolve the situation, including scheduling her work hours in a manner which would permit her to seek medical care. Petitioner related the following events which she contended constituted harassment: In 1994, when she first had problems with one of her wrists, she was told by Kenneth Swann to type with one hand. She was also told, at some time, by Dr. Cherry to type with one hand. She attended a meeting where Mr. Williams said, apparently in response to her continuing medical difficulties, that no one would want her. Joseph Thompson, at some point, told her she was not a team player. Dr. Loeb placed Petitioner at maximum medical improvement (MMI) on June 6, 1995 with no impairment or restrictions. Dr. Vogter placed the Petitioner at MMI on June 25, 1995, with an impairment rating of 17 percent, with restrictions of light duty and no continuous transcription work. Dr. Chason placed the Petitioner at MMI on April 7, 1998, with regard to psychological care, with a zero impairment rating. In a letter from Margaret Forehand dated August 12, 1996, a Personnel Technician II of ACI, Petitioner was informed that she was being placed on alternate duty. This letter outlined Petitioner's proposed work hours and took into consideration her need for reduced hours of typing and her need to visit her doctors. Petitioner, in response to this letter, declined to return to work. She had failed to report for work on August 15, 1996, and has been continuously absent since that date. Her sick leave was exhausted on October 4, 1996. Her Family Medical Leave Act benefits terminated on November 17, 1996. In a letter dated November 25, 1996, C. W. Sprouse, Superintendent of ACI, informed Petitioner that another position had been found for her and invited her to contact Ms. DeDe McMillian so that she could begin working. On or about December 10, 1996, Petitioner called Ms. McMillian and declined the offer. In a letter dated December 17, 1996, C.W. Sprouse informed Petitioner that a personnel action was being taken which could result in her dismissal. She was further informed that she was entitled to a predetermination conference. Petitioner did not request a predetermination conference and on January 3, 1997, her employment with ACI was terminated by Superintendent Sprouse. On May 26, 1998, a Judge of Compensation Claims entered an order adopting a stipulation between Petitioner, ACI, and the Florida Division of Risk Management whereby Petitioner received a lump sum of $50,000. The stipulation further recited that the stipulation resolved any and all issues regarding any aspect of the Petitioner's workers' compensation benefits.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a final order be entered dismissing the Petition. DONE AND ENTERED this 13th day of September, 2001, in Tallahassee, Leon County, Florida. HARRY L. HOOPER 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 13th day of September, 2001. COPIES FURNISHED: Gary Bullard, Qualified Representative 805 Shelby Avenue Alford, Florida 32420 Ernest L. Reddick, Esquire Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Dana A. Baird, General Counsel Florida Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 Azizi M. Dixon, Clerk Florida Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149
The Issue The issue for determination is whether, as alleged, Respondent discriminated against Petitioner based on her sex, thereby violating Section 760.10, Florida Statutes. If that violation occurred, the remaining issue is what relief is appropriate. Petitioner contends that she should have received disability benefits during her pregnancy from July 21, 1987 through September 10, 1987 and that Respondent's refusal to pay constituted discrimination.
Findings Of Fact In their joint prehearing statement, filed at hearing, the parties stipulated to the following: During the calendar year 1987 the Petitioner was employed by the Respondent at its Melbourne, Florida, plant. During 1987 the Respondent provided weekly income benefits for non-occupational disability pursuant to the provisions of a document entitled "Addendum to Weekly Income Benefits for Non-Work Related to Disability." (Exhibit R-4) The Petitioner was off from work for the Respondent from April 21, 1987 through October 26, 1987. The Petitioner delivered a child on September 10, 1987. The Petitioner received weekly income benefits of $189.33 for the period from April 21, 1987 through July 21, 1987 and from September 10, 1987 through October 23, 1987. On Monday October 26, 1987, Petitioner returned to work with Respondent at her regular position and rate of pay. Respondent (Acopian) is a manufacturer of electronic components with a plant in Melbourne, Florida. Commencing in October 1979, and at all times relevant, Petitioner was employed by Acopian as an assembly worker. Her assigned duties required her to assemble and solder personal computer boards, a task performed primarily in a seated position and requiring little physical exertion. When she was hired, Ms. Faith was instructed regarding the company's benefit plan by Evan Martin, Vice President for the company. Mr. Martin is responsible for overall operations of the plant and for personnel matters. Ms. Faith filed the requisite forms and received disability benefits under the company's plan between November 9, 1981 and January 18, 1982, when she was unable to perform her duties due to pregnancy and childbirth. Sometime prior to April 20, 1987, Ms. Faith learned that she was pregnant again. Her treating physician was Dr. Eugene F. Wawrzyniak, an obstetrician with offices in Palm Bay, Florida. On April 20, 1987, Ms. Faith was given a note by her physician stating that she should be excused from work until the estimated date of her delivery, October 8, 1987. Ms. Faith's mother took the note to Acopian, delivering it to Doris Hayden, Evan Martin's Administrative Assistant, and the person responsible for maintaining the personnel files and disability claims. Ms. Faith was given the claim forms and completed portions of the form on May 10, 1987, indicating that her period of disability was to commence April 22, 1987. She also indicated on the form that her sickness or injury arose out of the course of her employment. Because of that, Ms. Hayden submitted the form to the state worker's compensation agency. She understood that the agency required forms be sent anytime an employee claims a work- related illness or injury. On May 18, 1987, Ms. Faith received notice of denial of the worker's compensation claim based on no injury arising out of employment. On June 15, 1987, Acopian received another note from Dr. Wawrzniak indicating that Ms. Faith must remain home due to threat of a miscarriage. Dr. Wawrzniak also completed the physician's portion of the disability claim form on June 15, 1987, indicating that Ms. Faith would be disabled from April 21 through six weeks post-partum. The condition he listed was "pregnancy with threatened spontaneous abortion." (Respondent's Exhibit 7.) Ms. Faith completed her portion of the form on June 19, 1987, and this time did not indicate the condition arose out of her employment. Evan Martin routinely reviews all claims for non-work related benefits. The company is self-insured as to that benefit plan. Mr. Martin had never seen a case at Acopian where a physician stated so early in pregnancy that the patient would be disabled for virtually the entire term of pregnancy. Because he was confused as to Dr. Wawrzniak's statement, he sent the doctor a letter, dated July 17, 1987, requesting medical facts in support of his diagnosis. Although Dr. Wawrzniak later testified, at his deposition on December 1, 1988, that his clinical impression in 1987 was that Petitioner could not have returned to her duties at Respondent after July 18, 1987, his response to Mr. Martin dated July 18, 1987 was not consistent with that conclusion. Specifically, he indicated in his July 18, 1987 correspondence that: Gerda Faith is a 27 year old white female, G- 3, P-1, who had a natural delivery in 1981 with a miscarriage of June 1986. She was seen in this pregnancy on 2/13/87 initial visit with a positive pregnancy test. She subsequently followed in the next two months with post coital bleeding and lower abdominal cramping. This would suspect [sic] a threatened abortion or miscarriage at this time and [sic] was told to rest and work would have to be curtailed. Otherwise, presently in the pregnancy on 7/28/87 she was examined fetal size [sic] approximately 30 weeks gestation which is consistent with her due date of 10/8/87. She is doing well and there is no sign of threatened [sic] miscarriage at this point in time, otherwise, there is no vaginal bleeding as in the first trimester of pregnancy and the patient is doing well. (Emphasis added) (Respondent's Exhibit 10.) Insofar as there appeared to be inconsistencies between this latest report and Dr. Wawrzyniak's statements as to the period of anticipated disability, and no supporting medical documentation was provided, Mr. Martin again requested medical evidence from the physician on August 31, 1987. Mr. Martin's August 31, 1987 correspondence stated in pertinent part that: It appears to us while Gerda had difficulties during the first trimester of her [sic] pregnancy, thereafter she could have returned to work until some time in late September, 1987. This is based upon your statement that she is now doing well, and there is no sign of threatened miscarriage at this point in time. However, this appears to be inconsistent with your statement on Gerda's health insurance claim form that she would be continuously and totally disabled and unable to work from April 21, 1987 through six weeks after the birth. (Emphasis supplied) We would appreciate it if you could provide the medical evidence upon which you relied in stating that she was continuously disabled and unable to work for the entire period of time rather than after the first trimester had passed and the threat of miscarriage had subsided. This information is necessary so that we may evaluate further whether to provide disability payments for the entire period claimed. (Respondent's Exhibit 11.) By letter dated September 1, 1987, Dr. Wawrzyniak responded as follows: In regards to your most recent letter on August 31, 1987 in relation to Gerda Faith, my last letter stated that she was doing better after 30 week gestation in which was written on 7/18/87. I felt that at this point and [sic] time there was no sign of threatened miscarriage and that she did not have any complaints regarding these symptoms of second or third trimester bleeding. Presently, she is doing well and I feel that under the circumstances she has approximately 5 weeks to go in her pregnancy and her due date is October that she can go back to work. She is physically fit and is out of danger in regards to her pregnancy at this stage. Mind you that this may change dramatically from week to week and if I so chose [sic] to have her out of work I shall write you a personal letter. (Emphasis supplied) (Respondent's Exhibit 12.) On September 9, 1987, Ms. Faith went into labor prematurely and delivered her child on September 10, 1987. It is undisputed that she was out of work from April 21, 1987, through October 23, 1987. She was initially paid benefits for the post-partum period and was later paid for the period April 21, 1987 through July 21, 1987, when Acopian was told by her doctor that there was no sign of threatened miscarriage. She claims she is owed benefits between July 21, 1987 and her delivery. Ms. Faith acknowledges that under Acopian's plan an employee is not automatically entitled to disability benefits simply because she is pregnant. The non-work related disability benefits under Acopian's plan are available to male and female employees alike for a wide range of medical conditions. Since 1983, payments have been made to at least seventeen women, including Ms. Faith, for pregnancy or pregnancy-related conditions. It is not unusual for Acopian, either through Evan Martin or his assistant, Doris Hayden, to seek clarification in medical documentation for both males and females. In such instances the physician usually cooperates fully.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that Petitioner's Petition for Relief be dismissed. DONE and ENTERED this 19th day of April, 1989, 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 19th day of April, 1989. COPIES FURNISHED: Patrick J. Deese, Esquire Post Office Box 361937 Melbourne, Florida 32936-1037 Edward H. Feege, Esquire Post Office Box 2165 Lehigh Valley, PA 18001-2165 Donald A. Griffin, Executive Director Florida Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1925 Dana Baird, Esquire General Counsel Florida Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1925
The Issue Whether Josephine K. Saunders, the designated beneficiary, is entitled to the benefits payable on the teacher's retirement account of William E. Saunders, deceased, or whether she contractually waived her right to such benefits.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Division enter a final order denying the relief requested by petitioner and distributing the Teachers' Retirement System benefits of William E. Saunders to Josephine K. Saunders, the designated beneficiary. DONE AND RECOMMENDED this 15th day of December, 1981, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of December, 1981.
The Issue The issue is whether Petitioner is eligible to participate in the Florida Retirement System (FRS), within the meaning of Subsection 121.021(17)(a), Florida Statutes (2009),1 as a substitute teacher for the Lee County School Board.
Findings Of Fact Petitioner has been an employee of the Lee County School Board (the School Board) from February 28, 2001, through the date of the final hearing. The School Board is a participating member in the FRS. Petitioner has never been a full-time employee of the School Board and has never been eligible for service credits for purposes of the FRS. From February 28, 2001, until some time in May 2004, the School Board employed Petitioner in a temporary, part-time position. From some time in May 2004 through the date of the final hearing, the School Board has employed Petitioner as a substitute teacher. From February 28, 2001, through some time in May 2004, the School Board required part-time employees such as Petitioner to participate in a plan identified in the record as the Bencor FICA Alternative Plan (the Bencor Plan). The Bencor Plan provided retirement benefits for temporary teachers, who were not eligible for FRS retirement benefits. On May 25, 2004, Petitioner submitted a Distribution Request Form to withdraw her accumulated savings from the Bencor Plan. Petitioner was eligible to withdraw her retirement benefits from the Bencor Plan, because she changed her employment status from a temporary teacher to a substitute teacher. Some time in May 2004, Petitioner began teaching as a substitute teacher for the School Board. Petitioner has continued as a substitute teacher for the School Board through the date of the final hearing. As a substitute teacher, Petitioner is not a full-time employee, who is eligible for service credits for purposes of the FRS.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Management Services, Division of Retirement, enter a final order denying Petitioner's request for FRS benefits. DONE AND ENTERED this 11th day of August, 2010, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 11th day of August, 2010.
The Issue The issue in this case is who is entitled to payment of remaining retirement benefits due to James E. Brandon, deceased.
Findings Of Fact James E. Brandon was employed by the Hillsborough County Parks and Recreation Department and was a participant in the Florida Retirement System (FRS). Mr. Brandon had a long standing relationship with Dennis A. Barga. In February 1995, James E. Brandon applied for FRS disability benefits due to a medical condition. On the application for disability benefits, James E. Brandon designated Dennis A. Barga as his primary beneficiary. The application for disability benefits was approved in June 1995, with an effective retirement date of March 1, 1995. James E. Brandon elected to receive benefits under "Option 2" of the FRS, which provides for a lifetime benefit to the covered employee. Option 2 also provides that, if the covered employee does not survive for the ten years following retirement, payment is made to a designated beneficiary for the remainder of the ten year period. James E. Brandon died on August 28, 1995, of the condition which resulted in his disability. James E. Brandon did not personally receive any of his disability benefits. By letter dated September 29, 1995, the Division notified Mr. Barga that he was entitled to receive the remaining benefit payments for the ten year period. At the end of September, the Division sent two checks to the home of James E. Brandon. One check covered the initial benefits period from March 1995 through August 1995. The second check was for the September 1995 benefit. The checks were not returned to the Division and apparently were cashed or deposited. On October 10, 1995, the Division was notified by William Brandon that his brother, James E. Brandon, had completed a form amending his designation of beneficiary and that the form had been filed with the Division. The Division searched its files and located a form, FRS M-10, which was apparently filed on July 25, 1995, by James E. Brandon, and which amends his prior designation to identify sequential beneficiaries. The amended beneficiaries, in order, are William W. Brandon, III, Daniel A. Brandon, and Victoria Weaver Stevens. The Brandons are family members of the deceased. Ms. Stevens is a long-time family friend and was also employed by the Hillsborough County Parks and Recreation Department. FRS Form M-10 is the form adopted by the Division for use by a non-retired FRS participant in designating a beneficiary. Form M-10 does not require execution before a notary public. FRS Form FST-12 is the form adopted by the Division for use by a retired participant in designating a beneficiary. Form FST-12 requires execution before a notary public. The amendment of the beneficiaries should have been executed on a Form FST-12. The Form M-10, which was filed on July 25, 1995, was provided to James E. Brandon by the human resources office of the Hillsborough County Parks and Recreation Department. The form was obtained by Victoria Weaver Stevens apparently at the request of the deceased. The filing of the improper form was through no fault of James E. Brandon. The Petitioner suggests that the signature on the Form M-10 is a forgery. There is no credible evidence to support the assertion. The evidence establishes that the deceased sometimes included his middle initial in his signature, and other times did not. The Petitioner suggests that during the last weeks of the deceased's life, he was overmedicated, was often unaware of his surroundings, and was likely manipulated into changing the designated beneficiaries. There is no credible evidence that James E. Brandon was mentally incapacitated and unable to understand the import of his decisions at the time the amendment was filed with the Division.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Division of Retirement enter a Final Order dismissing the Petition of Dennis A. Barga. DONE AND ORDERED this 31st day of December, 1997, in Tallahassee, Leon County, Florida. _ WILLIAM F. QUATTLEBAUM 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 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1997. COPIES FURNISHED: A. J. McMullian, III, Director Division of Retirement Cedars Executive Center, Building C 2639 North Monroe Street Tallahassee, Florida 32399-1560 Paul A. Rowell, General Counsel Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399-0950 David T. Weisbrod, Esquire 601 North Franklin Street Tampa, Florida 33602 Stanley N. Danek, Esquire Division of Retirement Cedars Executive Center, Building C 2639 North Monroe Street Tallahassee, Florida 32399-1560 Thomas Frost, Esquire 7901 Fourth Street North Suite 315 St. Petersburg, Florida 33702
The Issue The issue for determination is whether Respondent discriminated against Petitioner on the basis of her disabilities, in violation of Sections 509.092 and 760.08, Florida Statutes (2004), by refusing to grant Petitioner access to the front of a designated parade viewing area.
Findings Of Fact Petitioner is a minor female and is an individual with disabilities. Petitioner has recognized impairments that substantially limit one or more major life activities. Petitioner is diagnosed with cerebral palsy and is legally blind. Petitioner has a visual acuity of 20/200 in the right eye, 20/160 in the left eye, and 20/160 in both eyes. Petitioner visited Disney's Magic Kingdom (Kingdom) in Orlando, Florida, with her family on February 21, 2005. The visit occurred at a time identified in the record as President's Day Weekend. That weekend is one of the most heavily attended times of the year at the Kingdom. Petitioner and her family attended the SpectroMagical Parade (parade) at 9:00 p.m. The parade travels a route through the streets of the Kingdom. The parade route is approximately one mile in length, thereby providing two miles of front viewing area on both sides of the streets that form the parade route. The entire parade route is accessible and has comparable lines of sight over the entire route. From sometime in the 1970s, Respondent has voluntarily maintained three designated parade viewing areas along the parade route for use by guests with disabilities. The viewing areas are intended to enhance the ability of disabled individuals to view and enjoy the parade. Respondent has also maintained a full-time department known as the Services for Customers with Disabilities (services department). The services department is devoted exclusively to assisting guests with disabilities and training designated employees in how to properly assist guests with disabilities. The services department has voluntarily implemented a number of other services to ensure that guests with disabilities will enjoy their experience at the Kingdom. Among other things, the services department has produced a Guidebook for Guests with Disabilities (Guidebook), developed accessible rides and handheld captioning devices, implemented a Guest Assistance Card program, and printed Guidemaps for its theme parks. Respondent makes Guidebooks available in all of its theme parks and provides Guidebooks to guests free of charge. The Guidebook summarizes service offerings to provide assistance to guests with disabilities. The Guidebook also sets forth policies and procedures pertaining to a number of accessibility related issues. For example, the Guidebook covers policies and procedures for service animals, describes various types of access for disabled individuals, identifies rides that have wheelchair space, provides directions to accessible entrances, describes services for the hearing impaired, and describes the policy and procedure concerning access and use of designated parade viewing areas. The Guidebook expressly provides that parade viewing areas designated for guests with disabilities are filled on a "first come, first served" basis. This policy is consistent with policies and procedures concerning viewing areas for all guests, irrespective of whether they are disabled. The Guidebook expressly provides that employees permit disabled guests to occupy designated parade viewing areas with non-disabled companions and family members and will not separate disabled guests from their companions or family members. Up to five people may accompany guests with disabilities into the viewing areas. The policy does not limit access to parade viewing areas to disabled individuals who use wheelchairs. Employees will not displace any non-disabled family member or companion in order to add a disabled guest to the viewing area (non-displacement policy). Respondent uniformly implements the non-displacement policy for rides, theaters, attractions, and shows. Due to limited space in the designated parade viewing areas, the Respondent advises guests to arrive well in advance of the parade time. Respondent also posts policies and procedures relating to designated parade viewing areas on Respondent's internet web site. The information is also available from designated employees. Respondent trains these employees in the proper etiquette for assisting guests with disabilities in accordance with Respondent's policies and procedures. Respondent also disseminates Guidemaps of its theme parks to assist guests with disabilities. Guidemaps, among other things, identify the location of the designated parade viewing areas for guests with disabilities and show the parade route. Respondent has also developed and implemented a Guest Assistance Card program. Guest Assistance Cards contain certain types of assistance requested by guests with disabilities. The type of assistance requested is placed on the face of the Guest Assistance Card thereby avoiding the need for guests to explain the same request at every attraction, show, or ride. The assistance requested varies from guest to guest depending on their disability. The services department provides a Guest Assistance Card to any guest with a disability who requests a card. Respondent does not independently verify the disability of any guest who requests a Guest Assistance Card. Respondent does not limit the amount of Guest Assistance Cards issued and may issue hundreds or thousands of cards in a day. One form of assistance is available seating in the "front row of ride vehicles or theaters, where applicable." This assistance permits a guest with a hearing or visual disability to sit in the front of a theater or ride to enhance his or her experience. When requested, this form of assistance is placed on the Guest Assistance Card. A Guest Assistance Card does not guarantee that space will be available in a guest viewing area, that the guest will have immediate access to the area, or that front row seating will be available at every event. The Guest Assistance Card permits front row seating when available and only at those activities or facilities listed on the card. This policy is clearly printed on each Guest Assistance Card, along with the non-displacement policy. Assistance in the form of front row seating is limited to ride vehicles and theaters. Ride vehicles are moving conveyances that are boarded and ridden in, such as roller coasters. Theaters are facilities with fixed seating where a show is presented. Fixed seating is a designated area where seats or chairs are affixed to the ground and are therefore stationary and immobile. Parade viewing areas for individuals with disabilities are neither ride vehicles nor theaters. Parade viewing areas do not provide fixed seating but are designated areas on sidewalks along the parade route. Assistance in the form of front row seating does not apply to parade viewing areas along streets or sidewalks. Even if the viewing areas were theaters or rides, the non-displacement policy applies to rides and theaters. Respondent issued a Guest Assistance Card to Petitioner in an area identified in the record as EPCOT. Petitioner requested assistance in the form of front row seating, and the card authorized front row assistance. Petitioner arrived at a designated viewing area in an area of the Kingdom identified as Liberty Square approximately 20 minutes prior to the start of the parade. Petitioner requested access to the front of the viewing area. However, the front of the viewing space was already filled by guests in wheelchairs. The appropriate employee directed Petitioner and her family to a second designated parade viewing area located at an area of the Kingdom identified in the record as the hub. By the time Petitioner arrived at the second parade viewing area, the front of the viewing area was full with guests in wheelchairs and their companions and family members. Respondent did not displace other guests with disabilities and did not displace their family members or their companions so that Petitioner and her family would have access to the front of the viewing area. Although there was room in the second viewing area for Petitioner and her sister, there was not room for Petitioner's other family members. There was no room for Petitioner and her sister in the front of the parade viewing area.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order finding that Respondent did not discriminate against Petitioner on the basis of a disability or handicap. DONE AND ENTERED this 2nd day of May, 2006, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 2nd day of May, 2006. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Carol Pacula Walt Disney World Company 1375 Buena Vista Drive Orlando, Florida 32830 Kimberly M. Chicvak c/o Michael Chicvak 23 Twin Oaks Drive Kings Park, New York 11754 Brian C. Blair, Esquire Greenberg Traurig, P.A. 450 South Orange Avenue, Suite 650 Orlando, Florida 32801 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue in this case is whether the Bradenton Housing Authority (Respondent) committed an act of housing discrimination against Willie A. Washington (Petitioner) based on his race and disability, in violation of the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes (2007).
Findings Of Fact The Petitioner is African-American. Although the record failed to disclose any physical or mental disability, the parties stipulated that the Petitioner is legally disabled for purposes of this proceeding. In 2004, on an otherwise unidentified date, the Petitioner filed an application for public housing assistance with the Respondent. The Respondent thereafter denied the application after completing a review of the Petitioner's criminal record history. The date of the denial was not identified. The Respondent's rationale for the denial was that the Petitioner did not meet the eligibility criteria established by the Respondent's governing board. The evidence established that the Petitioner has a criminal history extending from 1988 to 2000, and including convictions for drug possession and sale, battery on a law enforcement officer, resisting arrest with violence, and possession of a firearm by a convicted felon. The Respondent's eligibility criteria set forth numerous restrictions and provides in relevant part as follows: All families who are admitted to Public Housing must be individually determined to be eligible under the terms of the policy. In order to be determined eligible, an applicant must meet ALL of the following requirements: * * * The applicant family must have no record of . . . substance abuse . . . or any other history which may be reasonably expected to adversely affect: The health, safety, or welfare of other residents; The peaceful enjoyment of the neighborhood by other residents; and/or The physical environment and fiscal stability of the neighborhood. * * * G. The applicant family must have no history of criminal activity which, if continued, could adversely affect the health, safety or welfare of other residents. * * * The applicant family can not currently be engaged in or has been engaged [sic] during the past of any of the following activities: Drug related criminal activities. Violent criminal activities Other criminal activities that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or HACB representatives. Conviction of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing. Based upon review of the criteria set forth herein, the Petitioner does not meet the Respondent's eligibility criteria. The Petitioner asserted that the Respondent provides housing assistance to Hispanic persons who have criminal records and further asserted that the Respondent does not perform criminal records reviews for Hispanic applicants. The Petitioner offered no evidence in support of the assertion. There was no evidence that the Respondent is providing housing assistance to any person with a criminal record. The Petitioner was unable to identify any person with a criminal record to whom the Respondent is providing housing assistance. There was no evidence that the Respondent does not perform criminal records reviews for Hispanic applicants. The evidence established that criminal records reviews are completed for all applicants. There was no evidence that the Respondent's denial of the Petitioner's application for housing assistance was based in any manner on the Petitioner's race or disability.
Recommendation Based on the foregoing Findings of fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petitioner's Housing Discrimination Complaint. DONE AND ENTERED this 16th day of June, 2008, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 16th day of June, 2008. COPIES FURNISHED: John Fleck, Esquire 1111 Ninth Avenue, West Bradenton, Florida 34205 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Willie A. Washington 2803 Fourth Avenue East Palmetto, Florida 34221 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
