The Issue Whether Respondents engaged in a discriminatory housing practice in violation of the Florida Fair Housing Act, as amended, sections 760.20 through 760.37, Florida Statutes (2011)1/.
Findings Of Fact Background Respondents Hoyt and Nancy Davis (the Davises) own a residential property located at 1856 Cross Pointe Way, St. Augustine, Florida (the Property). The Property is utilized exclusively as a rental. Respondent Florida Coastal Jacksonville Realty, Inc. ("Florida Coastal") and its principal John McMenamy ("McMenamy") acted as listing agents for the Property (collectively, the "Broker Respondents"). Mr. McMenamy and his company have managed the rental of the Property for approximately six years. In association with their listing of the Property, the Broker Respondents were responsible for advertising, showing, accepting applications for and assisting in the selection of tenants for the Property. At the time of the events in question, the Property was being offered for lease at a rate of $1,450 per month. Generally, due to its location within a St. Johns County golf community and proximity to good schools, the Property rents easily and quickly. The Rental Applications On May 14, 2010, Petitioner Jaime Terry (Mrs. Terry) contacted McMenamy regarding the Property. McMenamy instructed Mrs. Terry on the rental application process. On the afternoon of Sunday, May 16, 2010, Petitioners submitted via e-mail their rental application, dated May 15, 2010. On their application, the Petitioners disclosed that they had previously declared bankruptcy. The bankruptcy was entered in December 2007 and discharged in January 2009. Petitioners also disclosed that they were currently living with Mrs. Terry's parents. The application included a statement of the Terrys' monthly income, and also disclosed that they had three children residing with them -- aged eleven, five and two at the time. A memo attached to the application elaborated on the bankruptcy and other details of their employment and financial situation. Mrs. Terry testified that during the application process the Respondents did not solicit additional information concerning her employment history. On May 18, 2010, McMenamy ran a credit check on the Terrys using the "Online Rental Exchange." The credit report for Jaime Terry reflected a credit score of 664, while Steven Terry's assigned score was 649. However, both reports noted "conditional" approval because of the bankruptcy filing. Although the exact date is unknown, at approximately the same time that the Terrys submitted their application, another couple, Rick and Jessica Egger (the Eggers) contacted McMenamy regarding their interest in possibly renting the Property. On the evening of Thursday, May 20, 2010, the Eggers formally submitted an application to rent the Property. The Eggers' application disclosed that, unlike the Terrys', they did not have a bankruptcy in their history. In addition, the Eggers' combined monthly income was higher than the Terrys'2/ and the younger of their two children was nine years old. The credit report obtained for the Eggers reflected a credit score of 672 for Jessica Egger and 696 for Rick Egger, with an unconditional approval rating. Respondents' Tenant Selection Process McMenamy testified that in evaluating applications, potential tenants must meet certain minimum criteria. Factors he considers in assessing applicants include credit checks, criminal background checks, employment status, and rental history. However, he agreed that the evaluation process he uses is subjective. McMenamy acknowledged that bankruptcy would not automatically disqualify a potential tenant, and in fact, confirmed that he has rented to tenants who have a bankruptcy in their history. With regard to credit scores, McMenamy testified that he considered a score below 500 to be unacceptable. Mrs. Davis testified that McMenamy manages the entire process of renting the Property on behalf of herself and her husband. Once McMenamy determines the suitability of a prospective tenant, he discusses that tenant with the Davises. McMenamy does not discuss applicants with the Davises that he does not consider eligible. The Davises do not participate in the background screening process and they do not review applicants' credit ratings. However, Mrs. Davis was aware of McMenamy's process for selecting tenants, and she confirmed her understanding that applicants must meet certain minimum requirements. In selecting a tenant, McMenamy looks not only for a candidate that is financially qualified, but also one who will rent the property for a significant period of time, will take good care of the property, and will make monthly rent payments in a timely manner, according to Mrs. Davis. Denial of Petitioners' Lease Application Mr. Davis testified that he and Mrs. Davis discussed the Petitioners' application with McMenamy. At hearing, Mr. Davis recounted that conversation as follows: Cross-examination by Mr. Organes: Q. Mr. Davis, you stated that you had discussed with Mr. McMenamy the application of Steven and Jaime Terry? A. Yes. Q. And that’s a common practice with Mr. McMenamy as when he receives reasonably qualified applicants, he discusses them with you? A. Yes. Q. And that’s what he did with the Terrys? A. Yes. Q. And you said you did not tell him not to rent to them because of their children? A. That is true, we did not tell him. Q. The issue of children wasn’t discussed at all? A. No. Q. What reason did you give him to tell them why their application was being denied? A. Because of their past rental history and their bankruptcy foreclosure. Q. In general if you don’t approve of an applicant, what reason would you give for denying that applicant? A. I would give that reason, that we didn’t feel that, you know, we probably would get a better applicant and the reason we turned them down is because we didn’t feel that they were suitable for our rental. There is no evidence in this record as to precisely when the above conversation between the Respondents took place, although based upon Mr. Davis's statement that "we probably would get a better applicant" it is reasonable to infer that it was prior to the Eggers submitting their application on the evening of Thursday, May 20, 2010.3/ Early on the morning of Friday, May 21, 2010, McMenamy sent an e-mail to Ms. Terry, which read: Jaime I left a message yesterday but did not hear from you. I spoke to the owner about the application and she was concerned about not really having any rental history and the number of small children. She is a perfectionist and just had the home professionally painted. The one family who lived there had small children and there were handprints all over the walls so that it needed to be repainted. So this was her main concern and therefore does not want to rent to you and the family. If you have any questions please call. Sincerely, John At hearing, Mrs. Davis maintained that the Petitioners' children were not the determining factor in the decision to deny their application. Rather, it was based on their finances and lack of rental history. Consistent with Mr. Davis's testimony, Mrs. Davis also testified that she and her husband did not instruct McMenamy to reject the Petitioners' application because of their children. After being informed that their application was denied, Petitioners immediately began searching for alternate housing. Mrs. Terry testified that their primary concern was to locate a rental in a high quality school district. Within a couple of weeks of receiving the denial e-mail from McMenamy, the Terrys located a home at 983 Lilac Loop, St. Johns, Florida. Petitioners entered into a lease for this property on June 6, 2010; the rent was $ 1,200 per month. Although the Lilac Loop home was acceptable, the Terrys considered it to be inferior to the Property, and Petitioners paid to have the home repainted and wired for cable access. The cable installation fee was $150.00. On September 22, 2010, Petitioners were notified that the Lilac Loop house was in foreclosure. Petitioners appealed to a default-law organization in an attempt to enforce their one-year lease, but were ultimately unsuccessful. As a result of the foreclosure, Petitioners were forced to seek alternative housing within the same school district, and in November 2010, leased a property at 1528 Summerdown Way, Fruit Cove, Florida, 32259. The monthly rent at 1528 Summerdown Way was $1,600 monthly. Petitioners also incurred additional expenses necessitated by hiring a moving service, in the amount of $773.50. At of the hearing, Petitioners continued to reside in the Summerdown Way rental. The Commission Investigation On August 16, 2010, the Terrys filed a Housing Discrimination Complaint with HUD alleging they had been unlawfully discriminated against by Respondents based upon their familial status. Thereafter, the Commission opened an investigation of the allegation. As part of that investigation, Respondents were invited to submit written statements setting forth their version of the events at issue, and any defenses to the allegation they wished to raise. On August 19, 2010, the Davises submitted a written statement to the FCHR. In the first paragraph of that submittal the Davises stated: To Whom it May Concern: We enlisted realtor John MaMenamy to find a new tenant for our rental house at 1856 Cross Pointe Way, St. Augustine, FL 32092. Mr. McMenamy was told that we preferred not to rent to someone with more than one, if any, very small children at this particular time. The reason being we just had to have the interior of the house professionally repainted and repairs made to several areas, the walls in particular. Additionally, in light of the fact there were several highly qualified persons interested in and looking at the house concurrently. The submittal continued by identifying four former tenants of the Property, as well as the current tenants (the Eggers), all of whom had children living with them. It is found that McMenamy's e-mail of May 21, 2010, and the Davises' letter of August 19, 2010, constitute direct evidence that Respondents' decision not to rent to Petitioners was based upon their familial status. The testimony of McMenamy and the Davises that familial status was not the reason for refusing to rent to Petitioners is rejected as not credible.
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 finding Respondents guilty of a discriminatory housing practice against the Terrys in violation of section 760.23(1) and (2), and prohibiting further unlawful housing practices by Respondents. DONE AND ENTERED this 30th day of May, 2012, in Tallahassee, Leon County, Florida. S W. DAVID WATKINS 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 30th day of May, 2012.
The Issue The issue is whether Respondent has unlawfully discriminated against Petitioner on the basis of his national origin and in retaliation for his opposing discriminatory practices in connection with his rental of an apartment, in violation of the Florida Fair Housing Act, section 760.23(2), Florida Statutes.
Findings Of Fact Petitioner was born in Brazil. He resides in an apartment in St. Monica Gardens in Miami Gardens, Florida. St. Monica Gardens provides housing subsidized by the U.S. Department of Housing and Urban Development (HUD) for low- income, elderly residents. St. Monica Gardens is owned and operated by Respondent, which is a not-for-profit corporation, and managed by Catholic Housing Management, which is a management company owned by the Archdiocese of Miami, Inc. Catholic Housing Management manages 17 buildings accommodating over 2500 persons from all over the world. Residents at St. Monica Gardens, including Petitioner, receive free lunches through the charitable offices of Catholic Charities of the Archdiocese of Miami, Inc. Petitioner has objected to the quality and operation of this free-food program. On one occasion, Petitioner complained that a food server used the same-colored gloves that are used to perform maintenance duties, and an unauthorized person was allowed to remain in the food-preparation and -service areas. However, these complaints do not establish that Catholic Charities fails to serve St. Monica Gardens residents safe food, lawfully prepared. On September 16, 2016, Catholic Charities was conducting an annual verification audit of residents at lunch that day. Petitioner angrily confronted a Catholic Charities food-service worker, demanding that he be given immediate access to his free lunch. Other residents, mostly Cuban, objected to Petitioner's behavior, although, on this record, their objections appear to be based on Petitioner's discourtesy, not national origin. Respondent conducted an informal investigation of the incident and issued a notice to Petitioner that this confrontational behavior was in violation of his lease. There is no evidence of any discrimination against Petitioner, nor is there any evidence that Respondent took any adverse action against Petitioner or his lease or occupancy of his apartment at St. Monica Gardens. Petitioner complained to HUD, but Respondent did not discriminate or take adverse action against Petitioner for this complaint either.
Recommendation It is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed on May 1, 2017. DONE AND ENTERED this 2nd day of August, 2017, in Tallahassee, Leon County, Florida. S Robert E. Meale 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 2nd day of August, 2017. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Everdan Sales Correia Apartment 217 3425 Northwest 189th Street Miami Gardens, Florida 33056 (eServed) Thomas H. Courtney, Esquire J. Patrick Fitzgerald & Associates, P.A. 110 Merrick Way, Suite 3-B Coral Gables, Florida 33134 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
The Issue Whether Respondents discriminated against Petitioner in the provision of housing, or services in connection therewith, in violation of the Florida Fair Housing Act (“the Act”).
Findings Of Fact Petitioner, Pedro Tamayo, suffers from anxiety, depression, memory loss, and complex regional pain syndrome (“RPD”). Respondent, Avtec, is a residential construction contractor, doing business in Palm Bay, Florida. On November 10, 2018, Petitioner executed a Contract for Sale and Purchase (“Contract”) with Avtec to construct a residential structure on property owned by Petitioner on Raleigh Road Southeast in Palm Bay, Florida. The specific floor plan chosen by Petitioner was the Citation 4 Plus. Avtec executed the Contract on November 12, 2018. The Contract covers clearing of property for construction, materials and color selections by the buyer, and the buyer’s right to reverse the floor plan, among other terms. When Petitioner entered into the Contract, he simultaneously chose many of the options available to customize the Citation 4 Plus, such as impact windows, an exterior pedestrian door in the garage, and a front septic system. Among the options Petitioner chose was 36-inch (36”) doors for the master bedroom entrance, closet, and master bathroom entrance. Petitioner has no obvious physical disability and does not require use of a wheelchair or walker. Construction Setback The Contract does not address the construction setbacks from the property lines. Setbacks are governed by local government codes and Avtec is required to follow those codes. On November 30, 2018, Petitioner met with his sales agent, Sean McCarry, at the Avtec showroom, to discuss some of the options he had chosen for his new home. They specifically discussed plumbing issues for the master bathroom, 36” wide doors in the master bedroom, placement of the septic tank, the concrete culverts for the driveway, and a 45-foot (45’) setback of the home from the property line. While the standard setback for a home with a front septic tank is 38’ to 40’, Petitioner indicated he wanted to build an aluminum carport, which required additional setback footage. Respondent Amicucci stepped into the meeting with Petitioner and Mr. McCarry to address Petitioner’s request for mitered ends on the culvert pipe. Mr. Amicucci was not present when Petitioner requested a 45’ setback. Mr. McCarry verbally agreed to “take care of” the setback requested by Petitioner. Petitioner’s selection of 36” doorways for the master bedroom, and a front septic system were reduced to writing and included in the Contract, signed by both parties, as an Option to Sales Agreement. Petitioner executed five addenda to the Contract between November 30, 2018, and May 1, 2019, including optional upgrades and a modification to the design of the sidewalk. On July 23, 2019, Petitioner and Avtec executed a change order to include the mitered ends of the culvert pipe. No part of the Contract, any addenda thereto, or any change order, addresses Petitioner’s request for a 45’ setback. Section 28 of the Contract provides that “NO OTHER AGREEMENTS exist between the BUYER and SELLER except as set forth in this Agreement. This Agreement shall not be modified except by an instrument in writing executed by both BUYER and SELLER.” Section 29 of the Contract contains the following statement in red underlined text: No representative of Seller has authority to make any verbal statements that modify or change the terms or conditions of this contract. Buyer represents that buyer has read and understands this entire contract. Buyer also represents that buyer is not relying on any verbal statement, promise, or condition not specifically set forth in this contract. It is acknowledged that builder is relying on these representations and would not enter into this contract without this understanding. Section 20 of the Contract specifically provides, “Once the rough plumbing is installed, absolutely NO CHANGES will be allowed.” Petitioner’s new home was built 40’ from the property line, rather than 45’ as Petitioner requested. Sometime after the rough plumbing was installed and the foundation was poured, Petitioner complained to Avtec that his home was not built with a 45’ setback as promised by Mr. McCarry. On August 22, 2019, Avtec, through its Director of Corporate Development, responded in writing to Petitioner’s complaint. Avtec apologized that the home was not built to the setback he had communicated to Mr. McCarry, and referred to the Contract terms that exclude any verbal agreements. Avtec offered to release Petitioner from his contract, refund his deposit of $6,250, and give Petitioner $30,000 for the property after selling it to another buyer. On November 13, 2019, Petitioner signed a “Final Acceptance of Completion” of the construction of his home. Fill Dirt On March 8, 2019, Petitioner drove by the construction site and noted that the fill dirt being used was “contaminated” with tree branches and other material. He drove to the model home to discuss the issue with Mr. McCarry. Mr. McCarry contacted Mr. Amicucci, who agreed to meet Petitioner at the property to inspect the fill and address Petitioner’s concerns. Petitioner and Mr. Amicucci testified to two very different versions of the events at the construction site that day. Petitioner testified that, when Mr. Amicucci arrived, he got out of his vehicle, visibly upset, and raised his voice and cursed at Petitioner regarding his lack of knowledge of proper fill material. Petitioner testified, specifically that: I feared that [Mr. Amicucci] would physically attack me by his aggressive demeanor and I immediately froze. I could not comprehend how a paying customer could be treated this way by raising concerns for the foundation of my home. I am not a builder. [Mr. Amicucci] simply needed to explain the common practice of standard fill. Since March 8th, 2019, my quality of life has not been the same. I have severe anxiety due to the memories of that day and suffer constant nightmares. I feel as [sic] my life can be in danger and, therefore, live in a state of high alert. My daily life has been disrupted. Simply having to drive by Avtec showroom due to my normal routine routes triggers flashbacks of that day. Mr. Amicucci testified that when he arrived at the property, Petitioner was upset and aggressive toward him, demanding that the fill be removed from his property. Mr. Amicucci reassured Petitioner that the fill was all good soil and that it would be root-raked before it was spread for the foundation. Mr. Amicucci explained the root-raking process and the equipment used therefor. Nevertheless, Petitioner insisted that Mr. Amicucci go with him to another construction site to show him the type of fill he wanted used on his property. Mr. Amicucci accompanied Petitioner to the specific construction site, which was not an Avtec project, and Mr. Amicucci identified the fill being used there as a hard white shell material. Mr. Amicucci assured Petitioner that the brown sandy soil imported to his property would be better for the sod and plants Petitioner would be using to landscape the property. Mr. Amicucci testified that, at the end of the meeting, Petitioner extended his hand and said, “[l]ook, that all sounds good. I just want to start back over. Are we good?” Mr. Amicucci shook Petitioner’s hand and assured him that they “were good.” Mr. Amicucci’s testimony regarding the events that occurred on March 8, 2019, is accepted as more credible and reliable than Petitioner’s. Knowledge of Petitioner’s Disability Mr. Amicucci testified that he was not aware that Petitioner had any kind of disability until the Complaint was filed against him and Avtec. Petitioner testified that his disability was revealed to Mr. Amicucci on November 30, 2018, during a meeting at the Avtec showroom to discuss the various options selected by Petitioner when he signed the contract. Petitioner testified that Mr. Amicucci asked him what he did for a living and Petitioner told him that he was retired and disabled from the City of Hialeah. He testified that Mr. Amicucci was further on notice because Petitioner always wears a glove to improve circulation in his right hand and that he can hardly sign his name, which would have been apparent to Mr. Amicucci at the November 30, 2018 meeting. Finally, Petitioner alleges Mr. Amicucci should have been aware of his disability because he requested 36” ADA-compliant door widths for the master bedroom. Mr. Amicucci did not recall Petitioner telling him he was disabled or seeing Petitioner wearing a glove. He did recall seeing Petitioner wearing a sling of some sort and inquiring whether he had been injured. He recalled Petitioner telling him it was related to an old injury. Mr. Amicucci was not present for any discussion about the 36” doorways. Assuming, arguendo, that he was present for that discussion, a request for 36” doorways alone is not proof of a disability. Many buyers upgrade to larger doorways to accommodate larger furniture or in anticipation of needing a walker or wheelchair access in the future. Furthermore, requesting ADA-compliant doorways is irrelevant to Petitioner’s claim that he has emotional disabilities and chronic pain. The evidence does not support a finding that Mr. Amicucci knew of Petitioner’s disabilities of anxiety, depression, memory loss, and RPD. No other witness was offered on behalf of Avtec. There is no evidence to support a finding that Avtec had knowledge of Petitioner’s disability through any other employee.
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 Petition for Relief from a Discriminatory Housing Practice No. 202022149. DONE AND ENTERED this 22nd day of December, 2020, 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, 2020. COPIES FURNISHED: Mike Amicucci Suite 3 590 Malabar Road Palm Bay, Florida 32909 Tammy S. Barton, Agency Clerk Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (eServed) Pedro Tamayo 987 Raleigh Road Southeast Palm Bay, Florida 32909 (eServed) Rebecca E. Rhoden, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, Florida 32801 (eServed) Lawrence F. Sietsma Avtec Homes, Inc. et al 2860 North Riverside Drive Indialantic, Florida 32903 Cheyanne Costilla, General Counsel Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (eServed)
The Issue The issue is whether Respondent, The Pines at Warrington, LP, et al., and Pinnacle, and American Management Service Company (The Pines), discriminated against Petitioner, Susan M. Walters (Ms. Walters), because of her disability and gender in violation of the Florida Fair Housing Act, Sections 760.20- 760.37, Florida Statutes.
Findings Of Fact Ms. Walters, during times pertinent, suffered from schizophrenia, chronic differentiated type alcohol abuse, and a personality disorder. The Pines is an apartment community consisting of 160 units. The community is managed by Pinnacle, a subsidiary of American Management Services, LLC. Approximately 90 percent of the residents at The Pines are women. Ms. Walters completed a detailed application for residency in The Pines with Joy John (Ms. John), the facility's leasing specialist. Ms. Walters signed the application on October 24, 2007. She entered into a lease for a term of one year on October 31, 2007. During the course of these events, Ms. Walters did not claim a disability or mention that she was disabled. No one in management at The Pines perceived Ms. Walters to be disabled. During the application and contract process, Ms. Walters was provided with copies of the rules and regulations governing residents of The Pines. The lease required Ms. Walters to provide management at The Pines 60 day's notice, if she wanted to vacate the premises. In or around February 2008, Ms. Walters acquired a dog. She informed management at The Pines, and in accordance with the lease agreement, began making payments toward the required pet deposit. During April 2008, Ms. John and Dawn Chapman, Property Manager, received complaints about Ms. Walters' dog. The dog's barking was disturbing residents of The Pines. Four to five complaints were received each week during April. Ms. John and Ms. Chapman advised Ms. Walters of the complaints and provided her with suggestions as to how to ameliorate the problem. Nevertheless, the barking continued. On May 13, 2008, Ms. Walters was provided a "Seven Day Notice of Noncompliance with Opportunity to Cure," addressing the dog issue. It informed Ms. Walters that she must prevent the dog from disturbing other tenants. It further informed her that if the problem continued, she might be evicted. Another week of barking precipitated a "Seven Day Notice of Noncompliance with Possible Lease Termination Following." This was dated May 21, 2008, and signed by Dawn Chapman. The notice again made clear to Ms. Walters that if the barking continued she might be evicted. These notices were often given to other residents of The Pines when their barking dogs annoyed other tenants. Many of the residents of The Pines were minorities. One of them, Rhonda Lavender, complained about Ms. Walters because she put up a sign in a stairwell that included the word "nigger." Another resident, a disabled man who lived in the unit above her, complained that she "lambasted him" because he dropped a boot and it made a loud noise. Others complained about her coming out of the door to her apartment and screaming. None of the residents, who complained about Ms. Walters' barking dog, or her other offensive actions, mentioned her gender or that she was disabled. At no time during the residency of Ms. Walters at The Pines did she provide Ms. John or Ms. Chapman information with regard to having a disability. The only evidence of a disability presented at the hearing was a form Ms. Walters referred to as "a doctor's release for medical records," signed by an unidentified "physician." It was also agreed that Ms. Walters received payments based on a disability from the U.S. Social Security Administration. However, no evidence was adduced that indicated Ms. Walters was limited in one or more major life activities. Ms. Walters' rent payment for June was due June 5, 2008, but was not paid. On June 6, 2008, a "Three Day Notice- Demand for Payment of Rent or Possession" was affixed to the door of her apartment. The notice demanded payment of the sum of $518.00 or delivery of possession of the premises. The notice informed Ms. Walters that eviction proceedings would ensue if she did not pay in three days. By June 6, 2008, however, Ms. Walters had determined that she was going to vacate the premises. She told Ms. Chapman that she would pay her June rent on June 20, 2008, but this was a prevarication because Ms. Walters had no intention of paying any more rent. On or about July 4, 2008, Petitioner vacated her apartment. She placed her keys in the drop box designated for rental payments. The rent for June was never paid. Ms. Walters testified under oath that during her occupancy of the dwelling her bank card went missing. She stated that on another occasion $20 went missing from her apartment and that subsequently $10 disappeared. She said the fire alarm rang once for two hours. She said she was disturbed by noisy neighbors and a loud maintenance man. She said that once after returning from her job she discovered a glass plate in her apartment that had been shattered. She did not reveal any of these allegations to management at The Pines when they occurred, if they did occur. Ms. Walters claimed that someone entered her apartment in May and sprayed a chemical that encouraged her dog to defecate inside the apartment. She said she could not check her mail because management at The Pines had locked her out of her mailbox. She said someone came in and scratched her Teflon frying pan and burned up her microwave oven. She did not make these allegations to management at The Pines when they occurred, if they did occur. Even if one believes that her property was violated, and evidence to that effect was thin, there is no indication at all that anyone involved in managing The Pines was involved. Moreover, no adverse action was taken toward Ms. Walters. Two notices about barking dogs and a written demand that she pay rent do not amount to an adverse action.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Relief of Susan M. Walters be dismissed. DONE AND ENTERED this 16th day of October, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 16th day of October, 2009. COPIES FURNISHED: Dawn Chapman The Pines at Warrington 4101 West Navy Boulevard Pensacola, Florida 32507 Angela North Olgetree, Deakins, Nash, Smoak & Stewart, P.C. 301 Congress Avenue, Suite 1150 Austin, Texas 78701 Susan M. Walters 1112 Bartow Avenue Pensacola, Florida 32507 Monica Jerelle Williams, Esquire Ogletree, Deakins, Nash, Smoak, and Stewart, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida 33602 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
The Issue The issues in this case are whether Respondents unlawfully discriminated against Petitioners on the basis of race, or retaliated against them for exercising a protected right, or both, in violation of the Florida Fair Housing Act.
Findings Of Fact Because no evidence was admitted into the record at the final hearing, the undersigned cannot make any findings of fact. § 120.57(1)(j), Fla. Stat. (“Findings of fact shall be based … exclusively on the evidence of record and on matters officially recognized.”).
Recommendation Based on the foregoing Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order finding Respondents not liable for housing discrimination and awarding Petitioners no relief. DONE AND ENTERED this 27th day of October, 2020, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 2020. COPIES FURNISHED: Antonio Carraway Whang Carraway 1406 Southwest Osprey Cove Port St. Lucie, Florida 34986 (eServed) Jillian Sidisky, Esquire Stefanie S. Copelow, Esquire Cole, Scott & Kissane, P.A. 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 (eServed) Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
The Issue Whether Petitioner's housing discrimination complaint alleging violations of the Florida Fair Housing Act, chapter 760, part II, Florida Statutes (2020) (FFHA), was timely filed.1 1 Unless otherwise indicated, all federal and state statutory and administrative rule references are to the 2020 versions.
Findings Of Fact The following Findings of Fact are made based on the exhibits and testimony offered at the final hearing, the stipulated facts, and the additional documents accepted for official recognition as indicated above. The Lease Petitioner, Ross Couples, leased a house located at 11635 Meadowrun Circle in Fort Meyers, Florida (Property), from Respondent Xuan Ren. At all times relevant to this case, Respondent Ren owned the Property. At all times relevant to this case, Respondent Timothy Cloud managed the Property and served as an agent for Respondent Ren. The Property was part of Marina Bay Homeowners' Association (HOA) and subject to the HOA's rules and regulations regarding lease arrangements. On December 12, 2018, Respondent Ren and Petitioner executed a year lease for the Property from January 15, 2018, to January 15, 2019. The lease included the following provision for its renewal: 18. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed 12 months. … A new lease is required for each period of lease. At some point prior to January 15, 2019, Respondent offered Petitioner another lease agreement. Petitioner refused to pay a $100 leasing fee required by the HOA. The parties did not renew or enter into another 12-month lease, nor did Petitioner move out. As a result, after January 15, 2019, the parties switched to a month-to- month arrangement.4 This arrangement, however, was not approved by the HOA. On February 23, 2019, Petitioner sent an email to the HOA manager and Respondent Cloud. In that email, Petitioner made numerous complaints and mentioned the need for a larger hot water heater for his hydrotherapy tub, which he claimed he needed for health issues. He also discussed at length his opposition to the $100 fee imposed by the HOA for entering into a new lease. On February 27, 2019, Respondent Cloud issued a "Notice of Termination of Month-to-Month Tenancy Notice to Vacate" (Notice) to Petitioner. The Notice indicated that the current leasing arrangement had 4 No written lease agreement for the month-to-month arrangement was offered into evidence. been terminated and Petitioner was to vacate the Property on or before May 15, 2019. Petitioner did not move out of the Property on or before May 15, 2019. On May 20, 2019, Respondent Ren filed the eviction action against Petitioner in the appropriate court. A final judgment in the eviction action was rendered on June 6, 2019, and a writ of possession was issued for the Property on June 7, 2019. Petitioner vacated the Property and turned over possession to the Lee County Sheriff on June 12, 2019. Housing Complaints Petitioner testified that on April 5, 2019, he filed a complaint of discrimination with the U.S. Housing and Urban Development (HUD) regarding his claim of disability discrimination against Respondents. On January 17, 2020, HUD issued a letter to Respondent Cloud (HUD Letter) indicating it was dismissing the case brought by Petitioner, and specifically finding "that no reasonable cause exists to believe that a discriminatory housing practice has occurred. … No evidence was found to support Petitioner's contention that his disability was used as a basis to evict him." The HUD Letter does not indicate Petitioner could re-open the HUD case or file anything else with HUD based on the same facts. It does not mention the FFHA or FCHR, and it does not provide any instruction or information on how to pursue claims pursuant to state housing discrimination laws.5 Petitioner claims a HUD employee, Mr. Jordan, told him he had a year from his last date of possession of the Property to "file the proper paperwork." 5 The HUD Letter does mention that Petitioner could file a civil lawsuit "in an appropriate federal district court or state court within two (2) years of the date on which the alleged discriminatory housing practice occurred or ended." The letter also has instructions as to what Petitioner may be able to file if he was retaliated against for filing the HUD complaint. This proceeding does not involve either of those situations. Petitioner also states Mr. Jordon told him he could file a claim with either HUD or the Florida Fair Housing Commission.6 It is unclear when this conversation occurred, what Mr. Jordan's role was at HUD, and whether the discussion was in person or over the phone. Regardless, this testimony is hearsay and not corroborated by any non-hearsay evidence or documentation. There is no credible evidence to establish that anyone at either HUD or FCHR informed Petitioner that he had one year from the last date of possession of the Property to file an FFHA discrimination complaint with FCHR. The date Petitioner filed his FFHA Complaint with FCHR is contested. Petitioner testified he contacted the "Florida Fair Housing Commission" on June 10, 2020, regarding his FFHA claim. He admits he did not file his FFHA complaint immediately. Rather, at that time, he spoke with an "intake clerk," who sent him a complaint form, which he then filled out and returned. There is no competent evidence corroborating Petitioner's assertion in his Response that he filed the Complaint with FCHR on June 10, 2021. Rather, the top of the front page of the Complaint is dated July 22, 2020, and indicates Petitioner verified the facts in the Complaint on July 21, 2020. Moreover, the Determination dated September 18, 2020, also references that the Complaint was submitted on July 21, 2020. Based on Petitioner's testimony and the date that Petitioner verified the Complaint with his signature, the undersigned finds Petitioner's Complaint was filed with FCHR on July 21, 2020. 6 The undersigned is unaware of an agency operating under the name of "Florida Fair Housing Commission." The undersigned assumes that Petitioner is referring to FCHR. See § 760.22(1), Fla. Stat. (defining “Commission” to mean the Florida Commission on Human Relations).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed by Ross J. Couples. DONE AND ENTERED this 7th day of May, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Tammy S. Barton, Agency Clerk S HETAL DESAI Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 2021. Ross Joseph Couples Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 Steven Klaus Teuber, Esquire Teuber Law, PLLC Post Office Box 49885 Sarasota, Florida 34230 Timothy Cloud D-15 # 514 106 Hancock Bridge Parkway Cape Coral, Florida 33991 Christopher J. DeCosta, Esquire Mahshie & DeCosta 1560 Matthew Drive, Suite E Fort Myers, Florida 33907 Suite 202-200 13650 Fiddlesticks Boulevard Fort Myers, Florida 33912 Xuan Ren D-15 # 514 106 Hancock Bridge Parkway Cape Coral, Florida 33991 Paul Edward Olah, Esquire Law Offices of Wells Olah, P.A. 1800 Second Street, Suite 808 Sarasota, Florida 34236 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner because of handicap in violation of the Florida Fair Housing Act.
Findings Of Fact At all relevant times, Petitioner Shelley M. Wright ("Wright") was a graduate student at Florida International University ("FIU") in Miami, Florida. Wright has a physical disability that affects her mobility, and, as a result, she uses a wheelchair or scooter to get around. There is no dispute that Wright falls within a class of persons protected against discrimination under the Florida Fair Housing Act ("FFHA"). Respondent Servitas Management Group, LLC ("SMG"), manages Bayview Student Living ("Bayview"), a privately owned student housing community located on FIU's campus. Bayview's owner, NCCD — Biscayne Properties, LLC, leases (from FIU) the real estate on which the project is situated. Bayview is a recently built apartment complex, which first opened its doors to students for the 2016-2017 school year. On November 20, 2015, Wright submitted a rental application for a single occupancy efficiency apartment in Bayview, fitted out for residents with disabilities. She was charged an application fee of $100.00, as were all applicants, plus a "convenience fee" of $6.45. Much later, Wright would request that SMG refund the application fee, and SMG would deny her request, although it would give her a credit of $6.45 to erase the convenience fee on the grounds that it had been charged in error. Wright complains that this transaction was tainted with unlawful discrimination, but there is no evidence of such, and thus the fees will not be discussed further. Wright's application was approved, and, accordingly, she soon executed a Student Housing Lease Contract ("First Lease") for a term commencing on August 20, 2016, and ending on July 31, 2017. The First Lease stated that her rent would be $1,153.00 per month, and that the total rent for the lease term would be $12,683.00. Because Wright was one of the first students to sign a lease, she won some incentives, namely $500.00 in Visa gift cards and an iPad Pro. The First Lease provided that she would receive a $200.00 gift card upon lease execution and the balance of $300.00 upon moving in. As it happened, Wright did not receive the gift cards in two installments, but instead accepted five cards worth $500.00, in the aggregate, on August 20, 2016. There were two reasons for this. One was that SMG required lease holders to appear in-person to take possession of the gift cards and sign a receipt acknowledging delivery. Wright was unable (or unwilling) to travel to SMG's office until she moved to Miami in August 2016 to attend FIU. The other was that SMG decided not to use gift cards as the means of paying this particular incentive after integrating its rent collection operation with FIU's student accounts. Instead, SMG would issue a credit to the lease holders' student accounts in the amount of $500.00. Wright, however, insisted upon the gift cards, and so she was given them rather than the $500.00 credit. Wright has alleged that the untimely (or inconvenient) delivery of the gift cards constituted unlawful discrimination, but the evidence fails to sustain the allegation, which merits no further discussion. In May 2016, SMG asked Wright (and all other Bayview lease holders) to sign an amended lease. The revised lease made several changes that SMG called "improvements," most of which stemmed from SMG's entering into a closer working relationship with FIU. (One such change was the aforementioned substitution of a $500.00 credit for gift cards.) The amended lease, however, specified that Wright's total rent for the term would be $13,836.00——an increase of $1,153.00 over the amount stated in the First Lease. The explanation was that, in the First Lease, the total rent had been calculated by multiplying the monthly installment ($1,153.00) by 11, which did not account for the 12 days in August 2016 included in the lease term. SMG claimed that the intent all along had been to charge 12 monthly installments of $1,153.00 without proration (even though the tenant would not have possession of the premises for a full 12 months) and thus that the First Lease had erroneously shown the total rent as $12,683.00. As SMG saw it, the revised lease simply fixed this mistake. Wright executed the amended lease on or about May 10, 2016 (the "Second Lease"). Wright alleges that this rent "increase" was the product of unlawful discrimination, retaliation, or both. There is, however, no persuasive evidence supporting this allegation. The same rental amount was charged to all occupants of the efficiency apartments, regardless of their disabilities or lack thereof, and each of them signed the same amended lease document that Wright executed. To be sure, Wright had reason to be upset about SMG's revision of the total rent amount, which was not an improvement from her standpoint, and perhaps she had (or has) legal or equitable remedies available for breach of lease. But this administrative proceeding is not the forum for redressing such wrongs (if any). Relatedly, some tenants received a rent reduction through the amended leases SMG presented in May 2016, because the rates were reduced therein for two- and four-bedroom apartments. As was made clear at the time, however, rates were not reduced on the one-bedroom studios due to their popularity. Wright alleges that she subsequently requested an "accommodation" in the form of a rent reduction, which she argues was necessary because she leased a more expensive studio apartment, not by choice, but of necessity (since only the one- bedroom unit met her needs in light of her disabilities). This claim fails because allowing Wright to pay less for her apartment than every other tenant is charged for the same type of apartment would amount to preferential treatment, which the law does not require. Wright makes two claims of alleged discrimination that, unlike her other charges, are facially plausible. She asserts that the handicapped parking spaces at Bayview are unreasonably far away for her, given her limited mobility. She further asserts that the main entrance doors (and others in the building) do not afford two-way automatic entry, and that as a result, she has difficulty exiting through these doors. The undersigned believes it is possible, even likely, that the refusal to offer Wright a reasonable and necessary accommodation with regard to the alleged parking situation, her problems with ingress and egress, or both, if properly requested, might afford grounds for relief under the FFHA. The shortcoming in Wright's current case is the absence of persuasive proof that she ever presented an actual request for such an accommodation, explaining the necessity thereof, for SMG's consideration. There is evidence suggesting that Wright complained about the parking and the doors, perhaps even to SMG employees, but a gripe, without more, is not equivalent to a request for reasonable accommodation. Determinations of Ultimate Fact There is no persuasive evidence that any of SMG's decisions concerning, or actions affecting, Wright, directly or indirectly, were motivated in any way by discriminatory animus directed toward Wright. There is no persuasive evidence that SMG denied a request of Wright's for a reasonable accommodation at Bayview. In sum, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that SMG did not commit any prohibited act.
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 finding SMG not liable for housing discrimination and awarding Wright no relief. DONE AND ENTERED this 27th day of September, 2017, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 2017.
The Issue Whether Respondent, Assad F. Malaty, discriminated against Petitioners, Dr. James E. Townsend and his niece, Contessa Idleburg (formerly, Ms. Rogers), in violation of the Florida Fair Housing Act and, if so, the appropriate remedy therefor.
Findings Of Fact Based on the weight of the credible evidence, Dr. Townsend has a qualifying handicap under the FFHA. He suffered a stroke in May 2014, upon which the requested modifications and accommodations were based. The stroke substantially limited one or more major life activities, given his need for using a wheelchair and walker. § 760.22(7)(a), Fla. Stat. Mr. Malaty conceded as much at the hearing.3/ Based on the weight of the credible evidence, Ms. Idleburg has a qualifying handicap under the FFHA. She has a shunt to drain fluid from her brain, has received Supplemental Social Security Income since at least 2014, and also has used a walker. That said, the evidence is undisputed that Petitioners requested the modifications and accommodations solely to assist Dr. Townsend after he suffered the stroke. Thus, Ms. Idleburg’s handicap is not relevant to the claims at issue. Based on the weight of the credible evidence, Petitioners informed Mr. Malaty in May 2014 that Dr. Townsend suffered a stroke and requested that he make several modifications to the Unit, including handrails in the bathroom, and handrails and a ramp at the front door, and to accommodate them by assigning them a parking spot outside the Unit. There is no dispute that the requested modifications and accommodation were never made. Importantly, however, the evidence does not establish that Petitioners’ renewed those requests again before they filed complaints with the Department of Justice in late 2016 and HUD in early 2017.4/ Although Dr. Townsend reminded Mr. Malaty in a December 2016 letter that he had failed to make the requested the modifications, the undersigned finds that letter to be more in the nature of a response to Mr. Malaty’s threat of eviction rather than a renewed request to accommodate them. The weight of the credible evidence also confirms that Petitioners never offered to pay for the handrails, ramp, or signage for the requested parking spot. Indeed, Dr. Townsend testified that he believed Mr. Malaty was responsible for making such modifications as the owner of the Unit. Based on the weight of the credible evidence, the undersigned finds that Mr. Malaty did not evict Petitioners because of their handicaps or their requests for modifications or an accommodation. Mr. Malaty initially threatened to evict them for failing to pay rent in January 2013, reducing their rent in September and December 2016, and failing to take care of the lawn as required in the lease. It had been three years since Petitioners requested the modifications and accommodation due to Dr. Townsend’s stroke and they did not re-raise those issues again until after Mr. Malaty threatened to evict them for failing to pay the rent. The evidence also is clear that Petitioners could have avoided eviction by paying the missed rent by December 29, 2016. But, they failed to do so and then did not pay their rent in January 2017, which ultimately led to Mr. Malaty filing the eviction action.
Conclusions For Petitioners: James E. Townsend, Sr., pro se Contessa Idleburg, pro se Apartment 2101 140 Aida Street Lakeland, Florida 33805 For Respondent: Charlann Jackson Sanders, Esquire Law Office of Charlann Jackson Sanders 2225 East Edgewood Drive, Suite 8 Lakeland, Florida 33803
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 Petitioners’ Petition for Relief. DONE AND ENTERED this 19th day of December, 2019, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO 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 19th day of December, 2019.
The Issue Whether Respondent committed a discriminatory act based on Petitioner's disability, in violation of the Fair Housing Act.
Findings Of Fact Ms. Prado rented an apartment using a Housing Choice Voucher in Miami, Florida. Florida Quadel entered into a contract with Miami-Dade County in 2009. Florida Quadel, pursuant to this contract, administers the Housing Choice Voucher Program on behalf of the County. During a routine quality control review of the program's files, Ms. Prado's file was randomly selected for a more in-depth quality control review. A review of the file revealed that Ms. Prado was a single individual residing in a two-bedroom apartment, utilizing a voucher that allowed for a two-bedroom unit. There was insufficient documentation in the file to justify the need for a two-bedroom unit; therefore, paperwork requesting a reasonable accommodation was forwarded to Ms. Prado for completion. The paperwork required that Ms. Prado's health care provider indicate the medical necessity for any reasonable accommodation being requested. Ms. Prado's health care physician did not provide a statement of medical necessity for the second bedroom; therefore, Quadel made numerous additional requests for the physician to provide the necessary statement. The physician never made such a statement. Quadel then conducted an on-site inspection of the dwelling. During this inspection, Ms. Prado told the inspector that the second bedroom was used for guests. There was no indication during the inspection that a second bedroom was for housing Ms. Prado's medical equipment. Ms. Prado's voucher was amended from a two-bedroom voucher, to a one-bedroom voucher. This amendment did not require that Ms. Prado vacate the two-bedroom unit, but it did reduce the amount of subsidy Ms. Prado received. Ms. Prado filed a grievance as to this determination. At the grievance committee meeting, Ms. Prado stated that she slept in one bedroom, and the other bedroom was used when her daughter and husband visited and spent the night. Based on the absence of any documentation indicating the medical necessity of a second bedroom, coupled with Ms. Prado's own statements to Quadel, the grievance was denied. Ms. Prado then filed a complaint of discrimination with the Florida Commission on Human Relations. Ms. Prado presented no evidence of discrimination in the housing decision. Quadel's decision to amend the voucher from a two-bedroom unit to a one-bedroom unit was based on legitimate, non-discriminatory reasons.
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 determining that Respondent did not commit a discriminatory housing practice based on Ms. Prado's disability. DONE AND ENTERED this 18th day of February, 2013, in Tallahassee, Leon County, Florida. S JESSICA E. VARN 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 February, 2013.
The Issue Whether Respondent, Palm Frond Condominium Association, discriminated against Petitioner, Hugo M. Villagra, in violation of the Florida Fair Housing Act.
Recommendation Based on Petitioner’s Notice of Voluntary Dismissal, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Petitioner. DONE AND ENTERED this 15th day of September, 2015, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 September, 2015.
