The Issue The issue is whether the Petition for Relief was timely filed.
Findings Of Fact In January 2008, Petitioner filed a “Housing Discrimination Complaint” with FCHR and/or the U.S. Department of Housing and Urban Development. The complaint alleged that Respondent discriminated against Petitioner based upon her race (black) and religion (Christian) in its servicing of her home mortgage loan. On or about March 27, 2008, a “Determination” was issued finding no reasonable cause to believe that Respondent committed a discriminatory housing practice against Petitioner. On April 18, 2008, FCHR sent a “Notice of Determination of No Cause” to Petitioner by certified mail No. 7007 1490 0002 5958 0931. Petitioner received the Notice on April 22, 2008, according to the certified mail receipt included in the case file. The Notice advised Petitioner that “FCHR has determined reasonable cause does not exist to believe that a discriminatory housing practice has occurred.” The Notice further advised Petitioner that she could request an administrative hearing, and clearly stated that any such request “must be filed with the FCHR within 30 days of the date of mailing of this Notice.” A “Petition for Relief, in blank” was sent to Petitioner along with the Notice. On May 23, 2008, FCHR received a completed “Petition for Relief” form from Petitioner. The form was signed by Petitioner and dated May 20, 2008. Petitioner stated in her response to the Order to Show Cause that she “never received any paperwork on the above case” and that “the only paperwork that [she] received was on or a about June 9, 2008.”
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 18th day of June, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of June, 2008.
The Issue Did Respondents discriminate against Mr. Sama because of his handicap? Did Respondents discriminate against Ms. Duran on account of her national origin?
Findings Of Fact Based on the testimony and other evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: Mr. Sama is blind and has other physical limitations that require him to have the 24-hour assistance of an aide. Ms. Duran is the live-in aide who provides the assistance Mr. Sama needs. Although Mr. Sama refers to Ms. Duran as his daughter, she is not his daughter. Ms. Duran is of Columbian descent, and a United States Citizen. The Miami-Dade County Public Housing Agency (Housing Agency) is an agency of the county. Royal American manages housing for the Housing Authority, including Singer Plaza. Miami-Dade and Royal American agree that Mr. Sama has a handicap and requires the 24-hour assistance of Ms. Duran. Mr. Sama applied to the Housing Agency for housing. He sought to have Ms. Duran housed with him as a reasonable accommodation for his blindness and other handicaps. The Housing Authority began processing his request for accommodation and his housing request. October 1, 2009, the Housing Authority notified Mr. Sama that he was approved for a one-bedroom unit at Singer Plaza. Mr. Sama accepted the offer on October 5, 2009. He moved in on December 3, 2009, and Ms. Duran moved in with him. Guidelines governing the Housing Authority provide that two people cannot live in a one-bedroom unit without specifically agreeing to a one-bedroom unit. The reason for the policy is not in the record. Ms. Capote of the Miami-Dade Housing Authority explained this requirement to Mr. Sama and Ms. Duran. Ms. Capote asked Mr. Sama to sign a document agreeing to accept a one-bedroom unit until a two-bedroom unit became available. Mr. Sama and Ms. Duran became upset because they thought that accepting the one-bedroom unit meant abandoning their request for a two-bedroom unit. It did not. Ms. Capote was not asking Mr. Sama to give up his place on the waiting list for a two-bedroom unit. The Housing Authority approved Mr. Sama for the one-bedroom unit to share with Ms. Duran and put him on the waiting list for a two-bedroom unit. The Housing Authority conducted its standard background check of Ms. Duran as a proposed resident of Singer Plaza. It performs the same background check for all residents. She was reviewed the same way that all residents are reviewed. The process includes verifying the resident's identity. Ms. Duran submitted identification that included her Certificate of Naturalization, her Social Security card, and a Florida driver's license. Ms. Duran's Florida license number bore the name Leandra Duran Palma. Her Social Security card bore the name Leandra Duran. Her Certificate of Naturalization bore the name Leandra Duran. Because of the name differences, the Housing Authority requested additional identification. This is the Housing Authority's routine practice and was a reasonable request. Ms. Duran provided her Columbian Identification Card and Passport. They bear the name Leandra Margarita De Las Nieves Duran Palma. After reviewing all the documents and discussing the name differences on the documents with Ms. Duran, the Housing Authority accepted Ms. Duran as a resident serving Mr. Sama as a live-in aide. Mr. Sama and Ms. Duran began living in a one-bedroom unit at Singer Plaza while awaiting a two-bedroom unit. They wanted to remain in Singer Plaza and told Miami-Dade and Royal American so. Miami-Dade and Royal American agree that a two-bedroom living unit is a reasonable accommodation. On November 2, 2009, the Housing Authority advised Mr. Sama that his request for a two-bedroom unit with a live-in aide as a reasonable accommodation was approved. No two-bedroom units were available in Singer Plaza at the time. The property had a limited number of two-bedroom units. The Housing Authority and Royal American put Mr. Sama on the waiting list for a two-bedroom unit. Ms. Cantu of Royal American worked to make a two- bedroom unit available for Mr. Sama. She identified a two- bedroom unit occupied by one person. She then worked to locate a one-bedroom unit to move that person into. This took some time. In March, 2010, Ms. Cantu succeeded in relocating the resident of the two-bedroom unit to make it available to Mr. Sama. Cleaning and repairing the unit to prepare it for Mr. Sama and Ms. Duran took several weeks. Since May 26, 2010, Miami-Dade and Royal American have provided Mr. Sama and Ms. Duran a two-bedroom apartment, as they requested, as an accommodation for Mr. Sama. Ms. Duran does not lease the apartment, but is authorized to live in it in her role as Mr. Sama's aide. Mr. Sama and Ms. Duran were not living in the apartment as of the day of the hearing. They view it as dangerous because of other residents. They also think it is in unacceptably poor condition.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations deny the Petitions of Julio Sama and Leandra Duran. DONE AND ENTERED this 18th day of October, 2010, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 18th day of October, 2010. COPIES FURNISHED: 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 Terrence A. Smith, Esquire Miami-Dade County Attorney's Office 111 Northwest First Street, Suite 2810 Miami, Florida 33128 Julio Sama 1310 Northwest 16th Street, No. 319 Miami, Florida 33125 Leandra Duran c/o Julio Sama 1310 Northwest 16th Street, No. 201 Miami, Florida 33125 Jamie B. Dokovna, Esquire Becker and Poliakoff, P.A. 121 Alhambra Plaza, 10th Floor Coral Gables, Florida 33134 Shannon D. Summerset, Esquire 111 Northwest First Street, Suite 2810 Miami, Florida 33128-1993
The Issue The issue in this case is whether Respondent discriminated against Petitioner based on race regarding the renting of an apartment.
Findings Of Fact Respondent owns more than 25 residential rental properties in the State of Florida, including the duplex located at 8472 and 8474 Barrancas Street, Navarre, Florida, which he purchased approximately three years ago. In January 2011, Respondent placed an advertisement in the newspaper for the rental of both sides of the duplex, and put a "For Rent" sign in the front yard. On January 27, 2010, Respondent entered into a lease agreement for the rental of Unit 8472 with Jeffery White, who is Caucasian. Respondent had to evict Mr. White for non-payment of rent. Mr. White was cited for leaving garbage and other things stacked around the home. When he moved out around August 2010, Mr. White left Unit 8472 filthy on the inside and out. Petitioner, Karen Davis, was the next person to have a lease on this property, approximately five months later. On January 7, 2011, Ms. Davis, who is African-American, was looking to rent a home and saw Respondent's advertisement in the newspaper for the duplex on Barrancas Street. Ms. Davis called Respondent and set up an appointment to view the duplex the same day. Ms. Davis and her mother, Sylvienne Pearson, arrived at the property before Respondent, so they walked around the duplex and looked through the windows while they waited. Respondent showed Unit 8472 to Mses. Davis and Pearson. They learned that the hot water heater had insulation coming out of it, the front door knob did not have a lock, the refrigerator was pulled out from the wall, and the unit appeared not to have been cleaned or prepared for a new tenant since the last tenant had moved out. A storage room in the back of the duplex had to be pried open because it was filled with furniture that had been left by a previous tenant. There was garbage around the outside. Respondent indicated that the home was available "as is." Unit 8472 needed to be cleaned and a hole in the door repaired. Respondent told Ms. Davis that he would deduct the reasonable cost of having the carpet cleaned from the rent. Ms. Pearson asked if they could take a look at the adjoining unit, 8474, which she learned was also available to rent. Respondent told Ms. Pearson that the carpet was damaged, and he would not show it to them because he was not going to rent it until the repairs had been made. After viewing Unit 8472, Ms. Davis called her friend, Brigitte Brahms, who is Caucasian and works part-time as a real estate agent. Ms. Brahms did a search on the property and determined that there was not a lien or foreclosure on it. Ms. Davis described to Ms. Brahms that the front door lock was not working, a lot of belongings were left from a previous tenant, garbage was in the yard, the hot water heater had insulation coming out of it, and that Respondent was not willing to fix any of these items. Respondent's only qualification for a potential tenant in his rental properties is that the tenant has some money. Once Ms. Davis presented Respondent with $350, he determined that she was qualified, and agreed to sign the lease with her. He told Ms. Davis that she would save $80 if she moved into Unit 8272 right away. After Ms. Davis signed the lease and gave him $350, Respondent gave Ms. Davis the keys to the unit. Ms. Davis told Respondent that she did not have all the money required for the rent, and that she would have to get some of it from her family. The next morning, January 8, 2011, Ms. Davis called Respondent to ask to see Unit 8474. Respondent's wife answered the telephone and indicated that Unit 8474 had already been promised to someone else. A short time later, Ms. Brahms, posing as a potential tenant, called Respondent, and asked about the availability of Unit 8474. Respondent indicated that it was available, and Ms. Brahms told him that she would call back later. Ms. Davis went to Ms. Brahm's house and called Respondent again on speakerphone while Ms. Brahms listened. Respondent again told Ms. Davis that Unit 8474 was not available because it had already been rented, and he would not show it to her. An hour later, Ms. Brahms called Respondent to verify that Unit 8474 was available, and Respondent offered to show it to her the same day. Mses. Davis, Pearson, and Brahms went to the duplex before the appointment with Respondent and walked around Unit 8472 so Ms. Brahms would be able to compare it with Unit 8474. Ms. Brahms noted that Unit 8474 was in much better condition than Unit 8272; everything was cleaned up; the unit had been vacuumed; the kitchen was set up properly; the storage unit was empty; and there was no garbage left out in the yard. The carpet was stained and there was a small strip of carpet that was missing between the master bedroom and the living room, but Respondent did not indicate that he would change the carpet or make any repairs. The problems with Unit 8474 were minor in comparison with the problems with Unit 8472, and Unit 8474 was in much better condition than Unit 8472. Respondent did not tell Ms. Brahms that there was anything that had to be repaired before he would rent Unit 8474 to her, and he did not indicate that it was being held for someone else. Instead, when Ms. Brahms asked if Unit 8474 was available to rent, Respondent indicated that she could rent it that very day. January 8, 2011, knowing that Respondent had shown Unit 8474 to Ms. Brahms after refusing to show it to her, Ms. Davis told Respondent that she was no longer interested in renting Unit 8472; tried to return the key to him; and requested a refund of the $350 deposit. Respondent refused, so Ms. Davis sent the key to him in a letter on January 13, 2011, again requesting the refund of the $350 deposit. Respondent has never returned Ms. Davis' $350 deposit. Ms. Davis never actually moved into the duplex. After she decided not to rent Unit 8472 from Respondent, he next rented the unit to a Caucasian on February 25, 2011, then later to another Caucasian followed by a Hispanic tenant. Towards the end of January 2011, Ms. Davis located another rental and moved in on February 1, 2011. Since she never moved into Respondent's duplex, she paid $80 to keep her furniture in storage for a month until she found a new place to live. She paid a $400 deposit and a $300 pet fee for two dogs. Respondent provided several reasons for not showing Unit 8474 to Ms. Davis. Respondent testified that Ms. Davis never asked to see Unit 8474. Instead, he alleges that she simply asked if it was empty, to which Respondent indicated that it was empty and available for rent, but that the unit needed several repairs, and it had not been cleaned. However, Respondent later testified that the previous tenants had left Unit 8474 in such a condition that it only required minor "TLC" from him and was ready to be rented. Additionally, Respondent admitted that he was willing to show Unit 8474 to Rita Davis (no relation to Petitioner), who is Caucasian, despite the fact that he had not repaired the carpet or cleaned Unit 8474. Respondent stated that he had agreed to hold Unit 8474 for an unidentified person until Monday, January 10, 2011, but admitted that he had not received a deposit to hold the unit. Respondent explained that many times he has allowed his tenants to transfer to another one of his properties, even months later, without penalty or charges of any kind. Respondent admitted he did tell Ms. Brahms that Unit 8474 was available for rent and showed it to her, but states that had she actually offered to rent it, he would have told her that it still needed work that she would have had to complete herself. Also, she would only have been allowed to rent that unit if the other person for whom he was holding it did not come up with a deposit. Respondent testified that if a prospective tenant is likely to get into one of his rental properties and tear it up, he will not rent to that person. No evidence was produced to prove that Ms. Davis had a prior record of not caring for apartments or places where she lived.
Recommendation Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that the Florida Commission on Human Relations enter a final order finding that Respondent discriminated against Karen Davis in violation of section 760.23(1) and (4), Florida Statutes; prohibiting further unlawful housing practices by Respondent; and directing that Respondent submit a cashier's check to Karen Davis within 10 business days from the date of the final order in the amount of $430.00. DONE AND ENTERED this 18th day of May, 2012, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 18th day of May, 2012. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Paul Tinsley 3014 Shearwater Drive Navarre, Florida 32566 Cheyanne Michelle Costilla, Esquire Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether Respondent engaged in an unlawful discriminatory housing practice against Petitioner on the basis of her disability.
Findings Of Fact At all times relevant hereto, Petitioner, Joan Vassar, was an individual participant in a tenant-based voucher arrangement under the Section 8 Housing Program funded by the Department of Housing and Urban Development and administered by the Tallahassee Housing Authority (THA). Petitioner was a resident of The Lakes at San Marcos (The Lakes), an apartment complex located at 4768 Woodville Highway in Tallahassee, Florida. Respondent, CMP CHP San Marcos Ltd. (San Marcos), is the owner of The Lakes, which is managed by a company known as HSI. Petitioner has been diagnosed with fibromyalgia and has suffered multiple strokes. Petitioner is disabled for purposes of the Fair Housing Act. Beginning in August 2009, Petitioner rented apartment 1533 at The Lakes, a one-bedroom apartment on the third floor of building 15. Petitioner’s rent was paid directly to San Marcos by THA pursuant to Petitioner’s one-bedroom housing choice voucher. Petitioner had difficulty climbing the stairs to her third-floor apartment and often took breaks at each landing to rest. There was no elevator at The Lakes as an alternative means of accessing the third floor of building 15. By all accounts, Petitioner’s tenancy at The Lakes was peaceful and without incident. In 2011, Valarie Gosier-Coleman became the assistant manager of The Lakes. Petitioner described Ms. Gosier-Coleman as compassionate toward her. Ms. Gosier-Coleman occasionally disposed of Petitioner’s garbage for her and retrieved Petitioner’s mail. In May 2014, Petitioner reported to Ms. Gosier-Coleman that her health had declined, that she would need a live-in caregiver, and that she wished to move to a two-bedroom, first-floor apartment. On June 4, 2014, in response to Petitioner’s request, Respondent informed Petitioner in writing that two two-bedroom, first-floor apartments--1311 and 1413--would become available beginning August 1, 2014. Apartment 1413 was located in the building next to Petitioner’s existing apartment, and Petitioner indicated she would accept that apartment. HSI requires all occupants of an apartment to complete an application and be approved to rent. Petitioner brought her would-be caregiver to The Lakes to apply for apartment 1413. However, the caregiver was reticent to complete the financial information section of the application. Although she took the incomplete application with her when she left the office, the caregiver never submitted a completed application for the apartment. Shortly thereafter, Petitioner was offered apartment 1116, a one-bedroom first-floor apartment. On July 16, 2014, Petitioner rejected that apartment, sight unseen, as “too far in the back of the complex.” On July 31, 2014, Petitioner renewed her lease for apartment 1533. At that time, she wrote to management, “I do not want a (2) bedroom apt. any place except where I specified for personal reasons. I have been here for 5 years and am very secure and familiar with my neighbors in my building . . . . Plus, my family lives in this same building on the first floor.”1/ No other first-floor apartments became available at The Lakes between August and October 2014. Shortly after renewing her lease, Petitioner informed HSI that she desired to leave The Lakes. Petitioner requested to break her lease, which Respondent allowed. Respondent refunded Petitioner’s deposit in full.
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 Complaint and Petition for Relief. DONE AND ENTERED this 22nd day of December, 2015, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK 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 22nd day of December, 2015.
The Issue Whether Respondent Versailles Plaza Condo Association, Inc., ("Respondent") failed to provide reasonable accommodations for Petitioner Marcella Zambrano's disability in violation of Florida's Fair Housing Act, and, if so, the relief that is appropriate.
Findings Of Fact Petitioner Marcella Zambrano ("Marcella") is a 28-year- old-female, who is mentally retarded and suffers from cerebral palsy. Marcella weighs 260 pounds, has the mental age of a two-year-old, cannot speak, has difficulty walking, and frequently falls down when she attempts to walk. Marcella attended the final hearing in a wheelchair, and she has obvious physical and cognitive impairments. Marcella requires the use of a wheelchair due to her very limited mobility. She cannot be left alone for very long, and she is unable to wheel herself in a wheelchair. Petitioner Liliana Zambrano is Marcella's mother and primary caregiver. Liliana Zambrano weighs 135 pounds, and pushes Marcella in the wheelchair. The wheelchair weighs approximately forty pounds, and it is difficult for Liliana Zambrano to transport Marcella in the wheelchair. Petitioners reside in a third-floor unit at the Versailles Plaza Condominium in Miami, Florida. Respondent is the condominium association for the condominium complex. Petitioner Liliana Zambrano has two assigned parking spots for her unit within the complex's resident parking lot. Petitioners reside in the last unit on the far-east side of the residential building in which their unit is located. There is only one entrance from the parking lot into the condominium building in which Petitioners' unit is located. The entrance to the building is located in the middle of the building. The distance from Petitioners' assigned parking spot to the entrance of the building is approximately 50 yards. The distance from the entrance of the building to Petitioners' unit is approximately another 50 yards. Thus, the total distance from the assigned resident parking spot to Petitioners' unit is approximately 100 yards. Marcella attends a day program at the Association for Retarded Citizens ("ARC") from 9:00 a.m. to 2:00 p.m., three days a week. In order to get to the program, a bus arrives at the front of the condominium complex to pick her up. A gate is located at the front of the condominium complex. The bus stops to pick Marcella up just outside the gate. In order to get Marcella to the bus in the mornings, Liliana Zambrano must push her in the wheelchair from their apartment through the entrance of the building, then from the entrance of the building through the parking lot, and then from the parking lot through the front gate. Once Petitioners reach the gate, Liliana Zambrano must activate a hand-held remote-controlled device for the gate to open. When the gate opens, Liliana Zambrano must then push Marcella's wheelchair to get her out of the complex and to the bus. No ramp is located in the vicinity of the gate. This mode of transporting Marcella is repeated in the opposite direction in the afternoons when the bus returns to the complex to drop Marcella off from the ARC program. Petitioners requested that Respondent provide them a reasonable accommodation due to Marcella's handicap by re-assigning at least one of their parking spots closer to the entrance of the building. Petitioners further requested that Respondent provide them a reasonable accommodation for Marcella's handicap by allowing the ARC bus to enter the building's drive-way to drop her off in the afternoons. Respondent offered Petitioners a new parking spot outside the fenced-in condominium parking lot in an area typically reserved for visitors of the complex. In order to transport Marcella to and from the parking space proposed by Respondent as an accommodation, Liliana Zambrano would be required to push Marcella's wheelchair through a spring-loaded gate that will not open or close automatically. Moreover, Petitioners would have to negotiate two curbs, which are each five to six inches high. Furthermore, the space is in a high traffic area directly in front of a fire hydrant. As to the request regarding access for the bus, Respondent refused to allow the bus to enter the complex through the gate. The evidence adduced at the final hearing established that Marcella is a handicapped person because she has physical and mental impairments which substantially limit one or more life activities, and she has developmental disabilities. The evidence adduced at the hearing established that Respondent knew of Marcella's handicap, that reasonable accommodations were requested and are necessary to afford Petitioners an equal opportunity to use and enjoy the dwelling and facilities, and that Respondent refused to provide the reasonable accommodations for Marcella's disability by failing to assign Liliana Zambrano a designated accessible parking spot closer to the entrance of the building and by failing to allow the ARC bus to enter the complex. Respondent failed to articulate legitimate, non-discriminatory reasons for its actions.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by FCHR requiring that Respondent: provide Petitioners with an accessible parking space closer to the entrance of the building; allow the ARC bus to enter the complex through the gate; and award Petitioners' counsel their reasonable attorney's fees and costs incurred in bringing this action. If there is a dispute regarding the amount of attorneys' fees and costs, remand this matter to the Division of Administrative Hearings for the purpose of determining the amount of reasonable attorneys' fees and costs. DONE AND ENTERED this 6th day of June, 2014, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 6th day of June, 2014.
The Issue Whether Respondent committed a discriminatory housing practice by denying Petitioners the opportunity to rent or purchase and ordering them to vacate their unit immediately and, if so, what relief should the Florida Commission on Human Relations provide Petitioners.
Findings Of Fact Because no evidence was offered at the final hearing held in the instant case, no findings of fact are made.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED that the Commission issue a Final Order dismissing Petitioners' Petition. DONE AND ENTERED this 29th day of July, 2005, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 July, 2005. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Remberto Gomez Marta Gonzalez 15220 Southwest 300th Street, Lot 534 Miami, Florida 33033 Robert E. Paige, Esquire 9500 South Dadeland Boulevard, Suite 550 Miami, Florida 33156
