The Issue Whether Respondent, Eve Management, Inc./KA and KM Development, Inc., denied Petitioners full and equal enjoyment of the goods and services offered at its place of public accommodation, in violation of sections 509.092 and 760.08, Florida Statutes (2011).1/
Findings Of Fact Parties and Jurisdiction Petitioners are African Americans who reside in the State of Ohio, who visited Orlando, Florida, in June 2011 and stayed at Lake Eve Resort beginning on June 21, 2011. Respondent, Eve Management, Inc./KA and KM Development, Inc., was the owner of Lake Eve Resort, located at 12388 International Drive, Orlando, Florida, at all times relevant hereto. Each Petitioner filed a Complaint of Discrimination with the Commission as follows: Jessica Austin – July 20, 2012 Denise Austin – July 21, 2012 Tracie Austin – January 18, 2013 (Amended Complaint)2/ Bonlydia Jones – July 11, 2012 James Austin – July 31, 2012 Dionne Harrington – August 1, 2012 Esther Hall – January 28, 2013 (Amended Complaint)3/ Boniris McNeal – March 27, 2013 Summer McNeal – March 27, 2013 Derek McNeal – March 27, 2013 In each Complaint, the Petitioner alleges that the most recent date of discrimination is June 22, 2011. On June 21, 2012, Petitioners Esther Hall, Summer McNeal, Boniris McNeal, Derek McNeal, and Dionne Harrington, each filed a Technical Assistance Questionnaire (TAQ) with the Commission. Each TAQ is signed by the named Petitioner, is stamped received by the Commission on June 21, 2012, and contains the specific facts alleged to be an act of discrimination in the provision of public accommodation by Respondent. Allegations of Discrimination On or about May 23, 2011, Petitioner, Boniris McNeal, entered into a Standard Group Contract with Lake Eve Resort (the Resort) to reserve 15 Resort rooms for five nights at a discounted group rate beginning June 21, 2011.4/ The rooms were to accommodate approximately 55 members of her extended family on the occasion of the Boss/Williams/Harris family reunion. Petitioners traveled from Ohio to Orlando via charter bus, arriving at the Resort on the evening of June 21, 2011. Erika Bell, a relative of Petitioners, drove a rental car from Ohio to Orlando. She did not arrive in Orlando until June 22, 2011. Petitioners checked in to the Resort without incident. However, one family member, John Harris, was informed that the three-bedroom suite he had reserved for his family was not available due to a mistake in reservations. He was offered two two-bedroom suites to accommodate his family. Petitioner, Boniris McNeal, dined off-property on the evening of June 21, 2011, to celebrate her wedding anniversary. Petitioner, Bonlydia Jones, left the Resort property shortly after check-in to shop for groceries. Petitioners, Dionne Harrington and Esther Hall, were very tired after the long bus trip and went to bed early on June 21, 2011. Petitioner, Denise Austin, arrived in Orlando with the family on June 21, 2011. On the morning of June 22, 2011, Ms. Jones received a call from Mr. Harris, informing her that the Resort management wanted to speak with them about his room. That morning, Ms. Jones and Mr. Harris met with two members of Resort management, Amanda Simon and Marie Silbe. Mr. Harris was informed that he needed to change rooms to a three-bedroom suite, the accommodation he had reserved, which had become available. Mr. Harris disputed that he had to change rooms and argued that he was told at check-in the prior evening he would not have to move from the two two-bedroom suites he was offered when his preferred three-bedroom suite was not available. After some discussion, it was agreed that Mr. Harris would move his family to an available three-bedroom suite. The Resort provided an employee to assist with the move. Following the meeting with management, Ms. Jones went to the pool, along with Ms. Harrington and other members of the family. After a period of time which was not established at hearing, Mary Hall, one of Ms. Harrington’s relatives, came to the pool and informed Ms. Harrington that the family was being evicted from the Resort. Ms. Harrington left the pool and entered the lobby, where she observed police officers and members of Resort management. She approached a member of management and was informed that she and her family were being evicted from the Resort and must be off the property within an hour. Ms. Harrington left the lobby and returned to her room, where her mother, Ms. Hall was sleeping. Ms. Harrington informed Ms. Hall that the family was being evicted from the Resort and instructed Ms. Hall to pack her belongings. Ms. Jones’ cousin, Denise Strickland, came to the pool and informed her that the family was being evicted from the Resort. Ms. Jones entered the lobby where she was approached by a member of management, who introduced herself as the general manager and informed her that the family was being evicted. Ms. Jones requested a reason, but was informed by a police officer that the owners did not have to give a reason. In the lobby, Ms. Jones observed that an African- American male was stopped by police and asked whether he was with the Boss/Williams/Harris reunion. He was not a family member. Ms. Jones observed that no Caucasian guests were approached in the lobby by management or the police. Ms. Austin was on a trolley to lunch off-property on June 22, 2011, when she received a call from her cousin, Ms. Strickland. Ms. Strickland informed Ms. Austin that the family was being evicted from the Resort and she needed to return to pack her things. Ms. Austin returned to the property, where she was escorted to her room by a security guard and asked to pack her belongings. Ms. McNeal was en route to rent a car and buy groceries on June 22, 2011, when she received a call from Ms. Strickland informing her that the family was being evicted and that she needed to return to the Resort to pack her belongings. Upon her arrival at the Resort, Ms. McNeal entered the lobby. There, she was approached by Resort staff, asked whether she was with the Boss/Williams/Harris reunion, and informed that the Resort could not honor the reservations and the family was being evicted. Ms. McNeal observed that Caucasian guests entering the lobby were not approached by either the police or Resort management. Ms. McNeal was escorted to her room by both a police officer and a member of management and instructed to be out of the room within 30 minutes. Ms. McNeal inquired why they were being evicted, but was told by a police officer that the Resort was not required to give a reason. Erika Bell received a call from her mother, Ms. Austin, while en route to the Resort on June 22, 2011. Ms. Austin informed Ms. Bell that the family was being evicted from the Resort and asked her to call the Resort and cancel her reservation. Respondent gave no reason for evicting Petitioners from the property. Respondent refunded Petitioners’ money.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order: Finding that Respondent, Eve Management, Inc./KA and KM Development, Inc., committed an act of public accommodation discrimination in violation of sections 509.092 and 760.08, Florida Statutes (2011), against Petitioners Jessica Austin, Denise Austin, Tracie Austin, James Austin, Bonlydia Jones, Esther Hall, Boniris McNeal, Derek McNeal, Summer McNeal, and Dionne Harrington; and Prohibiting any future acts of discrimination by Respondent. DONE AND ENTERED this 28th day of May, 2014, 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 28th day of May, 2014.
The Issue The issue is whether the Petition for Relief should be dismissed for lack of jurisdiction.
Findings Of Fact Petitioner alleges in the petition that she was “the victim of racial discrimination and unfair business practice” in August 2007 when she went into Respondent’s store to purchase a cellular phone and one of Respondent’s employees became hostile and yelled racial epithets at her for no apparent reason.2/ The petition refers to Respondent as “a phone store.” The Executive Director of FCHR advised Petitioner in a letter dated October 8, 2008, that FCHR does not have jurisdiction to investigate her discrimination complaint. The letter explained the basis for this determination as follows: The information provided indicates that [Respondent] is strictly a retail store. It is not in the business of providing lodging, selling food for consumption on the premises, and is not a gasoline station or a place of exhibition or entertainment. Moreover, no covered establishment is located within [Respondent]’s actual physical boundaries. Therefore, [Respondent] is not a “public accommodation” as defined [in Section 760.02(11), Florida Statutes]. The petition was filed with FCHR on November 14, 2008.3/ The petition does not allege that Respondent is a “public accommodation” as defined by statute. Rather, as noted above, it characterizes Respondent as “a phone store.” The petition includes two attachments. The first attachment provides a narrative of the alleged discrimination. The second attachment includes excerpts from Sections 760.01 and 760.06, Florida Statutes, and what amounts to legal argument concerning the scope of FCHR’s duties under those statutes and Section 760.07, Florida Statutes. On December 2, 2008, the undersigned entered an Order to Show Cause because the petition did not appear to raise any disputed issues of material fact as to whether Respondent is a “public accommodation.”4/ The Order to Show Cause directed Petitioner to: show cause in writing as to why an Order Closing File or a Recommended Order of Dismissal should not be entered for the reasons set forth above and/or Petitioner shall file an amended petition that identifies the factual basis upon which she contends that Respondent is a “public accommodation” . . . . The Order to Show Cause advised Petitioner that: Failure . . . to allege disputed issues of fact as to whether Respondent is a “public accommodation” will result in the entry of an Order Closing File or a Recommended Order of Dismissal. Petitioner filed a response to the Order to Show Cause on December 16, 2008. The response does not include any factual allegations that would establish that Respondent is anything other than a retail store. The response simply includes what amounts to additional legal argument concerning the scope of FCHR’s jurisdiction. Neither the petition, nor the response to the Order to Show Cause raises factual allegations that, if proven, would establish that Respondent is a “public accommodation” as defined by statute. Moreover, based upon the petition’s characterization of Respondent as “a phone store,” there is no dispute concerning the determination in the Executive Director’s letter that Respondent “is strictly a retail store” and not a “public accommodation.” This is the only material issue as this case is presently postured.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR issue a final order dismissing the petition with prejudice DONE AND ENTERED this 22nd day of December, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 2008.
The Issue Whether Petitioner, Ann Marie Augustino, was denied copying services by Respondent, Kwikie Printing, because of her religion in violation of Pinellas County Code Section 70-214, when Kwikie Printing refused to print the GreenSong Grove, Inc.'s, newsletter, "Voices of the Grove."
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner, Ann Marie Augustino, is a self-proclaimed witch who follows the Wicca religion. Petitioner is a member of a religious organization, GreenSong Grove, Inc., a Florida not-for-profit corporation. Respondent, Kwikie Printing, operates a printing business in Pinellas Park, Florida. It operates a business which provides goods and services to the public. Among GreenSong Grove, Inc.'s, purposes, as stated in its Articles of Incorporation, are the following: to provide a place of worship to celebrate, support and teach the penance of the Pagan religion; to provide and disseminate information regarding Paganism and the Pagan faith to the general public, other religions and secular bodies in order to educate and inform. In furtherance of its stated corporate purpose, GreenSong Grove, Inc., regularly publishes a newsletter, "Voices of the Grove." For several years prior to the incident which gave rise to the complaint of discrimination, Respondent printed materials for Petitioner and GreenSong Grove, Inc. In addition to the "Voices of the Grove" newsletter, Respondent had printed business cards, hats, and T-shirts; all contained the GreenSong Grove, Inc., logo. In October 2001, Respondent's employees, including Patricia Hall, Respondent's manager, and her husband, Robert Hall, a part-time employee, had occasion to read portions of the "Voices of the Grove" newsletter and were offended by its content. On this occasion, the printing job, which was in progress when its content was discovered by Respondent, was completed as contracted, and the newsletter was delivered to a representative of GreenSong Grove, Inc. Petitioner did not pick up the October newsletter; however, the individual who picked up the newsletter was advised that the newsletter would no longer be printed by Respondent because of its content. In December 2001, Petitioner returned to Respondent's printing establishment seeking to have the newsletter printed; Respondent through the Halls advised Petitioner that Respondent would not print the newsletter because they found the contents offensive to their religious views. This was essentially confirmed by a witness who had accompanied Petitioner when she returned to Respondent's facility the following day and was again refused. Respondent, through the Halls, advised Petitioner that Respondent would print other non-offensive materials as it had done in the past. The testimony of Petitioner and the Halls is consistent regarding the stated purpose for Respondent's refusal to print the newsletter. In Petitioner's original Charge of Discrimination filed with the City of St. Petersburg, she states: "When I asked for an explanation, Rob Hall came out and stated that the letter was about Witchcraft and Paganism and he would not support those religious views since he was a born again Christian." Petitioner's testimony at the hearing and that of the Halls confirmed that the reason that the newsletter was not printed was due to its content. She further testified that she believed that the Halls' religious-based motivation for not printing her newsletter was a sincere exercise of their religious beliefs. Petitioner confirms that Respondent, through the Halls, offered to continue to perform other printing services for her. In addition, they offered to allow her to use a copier in their place of business on which she could print the newsletter. Petitioner offered no evidence, nor did she testify, that Respondent discriminated against her, personally, as opposed to their objection to the content of the material she sought to have printed on behalf of GreenSong Grove, Inc. Robert Hall testified that he believes the Bible speaks against witchcraft and produced an extensive list of Bible verses that support his contention. He further believes that the advocacy of witchcraft is against God and that printing the subject newsletter would be blasphemy. Patricia Hall testified that her religious beliefs are consistent with Robert Hall's and, in her capacity as Respondent's general manager, confirmed the decision not to print the newsletter. Respondent has, in the past, refused to provide printing services for individuals who presented materials that Respondent found offensive. Respondent would not provide services to any individual, regardless of the individual's religious preference, if the material submitted was found to be offensive.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the public accommodations discrimination complaint against Kwikie Printing be dismissed. DONE AND ENTERED this 18th day of August, 2004, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 August, 2004. COPIES FURNISHED: Ann Marie Augustino 7139 62nd Street, North Pinellas Park, Florida 33780 W. Oliver Melvin, Compliance Officer Pinellas County Office of Human Rights 400 South Fort Harrison Avenue, Fifth Floor Clearwater, Florida 33756 Barbara J. Weller, Esquire Gibbs Law Firm, P.A. 5666 Seminole Boulevard, Suite 2 Seminole, Florida 33772 Drew A. Gardner, Esquire 8313 West Hillsborough Avenue, Suite 150 Tampa, Florida 33615 Leon W. Russell, Human Rights/EEO Officer Pinellas County Office of Human Rights 400 South Fort Harrison Avenue, Fifth Floor Clearwater, Florida 33756
The Issue Whether Respondent is liable to Petitioner for public accommodation discrimination based on Petitioner’s handicap, in violation of the Florida Civil Rights Act of 1992.
Findings Of Fact Petitioner, Eric Wendell Holloman, is a 60-year-old man who resides in Jacksonville, Florida, and has been diagnosed with arthritis, diabetes, and high blood pressure. Respondent, Lee Wesley Restaurants, LLC, is the owner and operator of the Burger King restaurant located at 210 East State Street in Jacksonville, Florida. The corporate headquarters are located at 6817 Southpoint Parkway, Suite 2101, Jacksonville, Florida 32216. At all times relevant hereto, Respondent employed more than 15 employees. Petitioner has a driver’s license, but he asserted that he does not know how to drive a car. Petitioner’s primary method of transportation is his bicycle. Petitioner eats at a number of fast-food restaurants in the area of State Street in Jacksonville. Petitioner testified that he can’t cook because he doesn’t have a wife. Petitioner administers his own insulin to treat his diabetes and takes medication for high blood pressure. Petitioner uses a walking cane which was provided to him by the local Veteran’s Administration where he receives medical care. Petitioner’s cane is metal with four “legs” extending outward from the bottom of the upright metal post. Each leg is capped with a rubber “foot.” The cane will stand up on its own when not in use. Petitioner recounts the following events in support of his claim of public accommodation discrimination: On June 4, 2013, Petitioner entered the Burger King in question, ordered a meal with a drink, and took it to a table in the dining area where he proceeded to eat. At some point while he was dining, Petitioner accidentally knocked over his drink with his cane, which he testified was on the table with his food. Petitioner testified that no employee of the restaurant spoke to Petitioner about the spill, offered to help him clean it up, or otherwise acknowledged that he spilled his drink. Petitioner did not clean up the spill either. Petitioner helped himself to a drink refill and left the restaurant without incident. The following day, June 5, 2013, he entered the same restaurant and attempted to order a meal. According to Petitioner, he was told by an employee that he must leave and he would not be served at that restaurant. Petitioner identified Randall Gibson, the man seated with Respondent’s Qualified Representative at the final hearing, as the employee that asked him to leave the restaurant on June 5, 2013. Petitioner exited the restaurant via the rear door, which he testified was close to the flag pole where he had parked his bicycle. According to Petitioner, two Burger King employees followed him outside and threatened him with “bodily harm” if he returned to the restaurant. Petitioner was clearly upset with Mr. Gibson and other employees of the Burger King. Petitioner explained that on June 4, 2013, when Petitioner ordered his food at the counter, Mr. Gibson and a female employee were engaged in behavior he found offensive. Specifically, Petitioner testified that Mr. Gibson was “up behind” the female employee engaging in hip and pelvic gyrations. Petitioner twice stood up from his chair and demonstrated the hip and pelvic gyrations to the undersigned. Petitioner testified that he has at least 50 cases pending in state and federal courts alleging civil rights violations. The final hearing was one and one-half hours in duration. Only a small portion of the hearing time was devoted to presentation of evidence relevant to Petitioner’s claim of discrimination based on a disability. During his testimony, Petitioner often strayed into lengthy tirades against racial discrimination, quoting from the United States Constitution, as well as the writings of Dr. Martin Luther King, Jr., and other leaders of the Civil Rights Movement. The undersigned had to frequently reign in Petitioner’s testimony to relevant events.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed by Eric Wendell Holloman in FCHR No. 2013-02160. DONE AND ENTERED this 28th day of July, 2014, 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 28th day of July, 2014.
The Issue The issue in this case is whether Respondent, a public lodging establishment, unlawfully discriminated against Petitioner, who is African-American, by refusing to provide her accommodations or service based upon race.
Findings Of Fact Petitioner Phyllis Phyl ("Phyl") is an African-American woman who resides in Boca Raton, Florida. Respondent G6 Hospitality, LLC, d/b/a Studio 6 ("Studio 6"), is the owner and operator of the Studio 6 Extended Stay Hotel located in Pompano Beach, Florida (the "Hotel"). Phyl arrived at the Hotel at around 1:30 p.m. on February 22, 2014. Previously, she had made a reservation for a two-night stay, booking a nonsmoking room with a queen bed. Phyl was aware that check-in time at the Hotel was 3:00 p.m., but she decided to take a chance that a room would be available for earlier occupancy. When Phyl attempted to register, however, the clerk informed Phyl that no rooms were available for early check in. Phyl elected to wait in her car, which was parked in the Hotel's parking lot. From there, she watched a black man enter the Hotel and walk out a few minutes later. Phyl assumed that he, too, had been told that his room was not ready. She did not, however, witness his attempt to check in (if that is what occurred), and therefore Phyl lacks personal knowledge of this man's transaction with the Hotel, if any.2/ Unhappy, Phyl walked around the Hotel grounds and peered through the window of an apparently vacant room, which she determined, based on her observation, was clean and ready for occupancy. Phyl might have been mistaken, for she could not see, e.g., the bathroom, but even if her assumption were correct, the fact is not probative of discriminatory intent. This is because a room is not "available" for guest occupancy at this Hotel until after a manager has inspected the room, deemed it "clean," and caused such information to be entered into the Hotel's computer system, at which point the front-desk clerk is on notice that the room is ready. Thus, there is a delay between the time the housekeeping staff finishes cleaning a room and the time the front-desk clerk is able to let the room to a guest. After peeking in the seemingly empty room, Phyl returned to her car, and soon she noticed a white couple enter the Hotel, from which they exited several minutes later. Phyl did not witness the couple's activities inside the Hotel. The man and woman got into their car and drove around the Hotel premises. Phyl followed. She watched the couple park, leave their car, and enter a room. She observed the man retrieve some luggage and bring his bags to the room. Phyl assumed that this couple had just checked in. Phyl returned to the Hotel lobby and inquired again about the availability of a room. This time the clerk told her a room was ready. Phyl checked in at 2:09 p.m. Phyl stayed two nights, as planned, and paid the rate quoted in her reservation. When she checked out on February 24, 2014, the clerk refunded the $25 security deposit Phyl had given the Hotel at check in, which was required because she wanted to pay cash for the room (and did). Phyl claims that the clerk was rude to her, and so she left without taking a receipt. Hotel business records show that on February 22, 2014, no guest checked in between Phyl's arrival at 1:30 p.m. and 2:09 p.m., when she herself checked in. The white man who (together with a female companion) seemed to have checked in while Phyl was waiting actually had checked in earlier that day, at 11:14 a.m. The undersigned rejects as unfounded Phyl's contention that the Hotel's records are unreliable and possibly fraudulent and instead accepts them as persuasive evidence. Ultimate Factual Determinations At the material time, the Hotel was a "public lodging establishment" within the reach of section 509.092, Florida Statutes, and a "public accommodation" as that term is defined in section 760.02(11). Thus, the Hotel is accountable to Phyl for unlawful discrimination in violation of the Florida Civil Rights Act if such occurred. The greater weight of the evidence, however, fails to establish that the Hotel refused accommodations or service to Phyl, or otherwise unlawfully discriminated against her. Rather, the Hotel provided Phyl the type of room she had reserved, at the quoted rate, for the length of stay she requested. Indeed, despite arriving 90 minutes before the Hotel's published check-in time, Phyl was able to get a room early, after waiting little more than half an hour. The Hotel's conduct, in this instance, cannot be faulted.
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 Phyl's Petition for Relief. DONE AND ENTERED this 22nd day of April, 2015, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 22nd day of April, 2015.
The Issue The issue is whether this case should be dismissed based on Petitioner's failure to make an appearance at hearing.
Findings Of Fact On January 7, 2011, the undersigned issued the Initial Order in this case. Petitioner and Respondent responded to the Initial Order. On February 10, 2011, the undersigned issued a Notice of Hearing, scheduling the hearing for March 28, 2011. The Notice of Hearing was not returned as undeliverable to Petitioner. Indeed, Petitioner wrote and filed several letters regarding her upcoming hearing and case in general. On March 18, 2011, the hearing was convened as scheduled. After waiting 15 minutes, Petitioner did not appear at the hearing and did not contact the undersigned’s office regarding any problem with commencing the hearing as scheduled. Accordingly, no evidence to support Petitioner’s allegations was introduced at the hearing. Given this lack of evidence, the Petition for Relief should be dismissed.
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 Petition for Relief. DONE AND ENTERED this 15th day of April, 2011, in Tallahassee, Leon County, Florida. S DIANE CLEAVINGR 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 15th day of April, 2011. COPIES FURNISHED: Gayle Wilburn 1006 East Johnson Avenue, #4 Pensacola, Florida 32514 Robert E. Larkin, Esquire Allen Norton & Blue, P.A. 906 North Monroe Street Tallahassee, Florida 32303 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