10-009206 Willy Fils Louis-Charles vs. Miami Science Museum Status: Closed Recommended Order on Friday, December 10, 2010.

Summary: At a motion hearing, parties stipulated to facts that show petition for relief was untimely and should be dismissed.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLY FILS LOUIS - CHARLES, )

)

Petitioner, )

)

vs. ) Case No. 10 - 9206

)

MIAMI SCIENCE MUSEUM, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, a hearing was held on Miami Science

Museum's Motion for Summary Judgment on December 8, 2010. The

hearing was conducted before Administrative law Judge Eleanor M.

Hunter by video teleconference between sites in Miami and

Tallahassee, F lorida.

APPEARANCES

For Petitioner : James Jean - Francois, Esquire

Law Offices of James Jean - Francois, PA

6100 Hollywood Boulevard, Suite 211

Hollywood, Florida 33024

For Respondent : L acey Hofmeyer , Esquire

Danielle Garno , Esquire

Greenberg Traurig

1221 Brickell Avenue

Miami, Florida 33131

STATEMENT OF THE ISSUE

T he issue in this case is whether Petitioner timely filed a

complaint of discrimination in accordance with the provisions of

Chapter 760, Florida Statutes (2010).

PRELIMINARY STATEMENT

On September 16, 2010, the Florida Commission on Human

Relations transmi tted to the Division of Administrative Hearings

a Petition for Relief filed by Petitioner, Willy Fils Louis -

Charles. The petition alleged that R espondent, Miami Science

Museum , had committed an unlawful employment practice.

The case was scheduled for a fi nal hearing on December 10,

2010. On November 2, 2010, Respondent filed Miami Science

Museum's Motion for Summary Judgment and Incorporated Memorandum

of Law. Having received no response within the period of time

set in Florida Administrative Code Rule 2 8 - 106.204, the

undersigned issued an Order to Show Cause why a recommendation

to dismiss the Petition for R elief should not be forwarded to

the Florida Commission on Human Relations. In response, on

November 24, 2010, Petitioner filed Petitioner's Respons e to Sua

Sponte Order to Show Cause; Notice of Filing: Technical

Assistance Questionnaire with E - Filing Date of 2 - 18 - 2010; and

Notice of Supplemental Authority and of Intent to Rely Thereon .

On December 1, 2010, Respondent filed a Reply Brief in Support

o f its Motion for Summary Final Order and Petitioner filed

Petitioner's Affidavit. The parties also filed a Joint Motion

to Continue Final Hearing , and the final hearing was re -

scheduled for March 1, 2011. On December 2, 2010, the Motion

hearing by video teleconference was scheduled for December 8,

2010.

At the hearing, the parties presented the arguments of

counsel but no witnesses or exhibits, other than the affidavit

of the Petitioner that was previously filed.

FINDINGS OF FACT

At the hearing, the part ies stipulated to the facts

numbered 1 - 4, as follows:

1. Petitioner was terminated from his employment with

Respondent on March 13, 2009.

2. Petitioner's deadline for filing his complaint with the

Florida Commission on Human Relations (FCHR) was March 14, 2010.

3. Petitioner emailed a Technical Assistance Questionnaire

to the FCHR on February 18, 2010.

4. Petitioner signed an Employment Complaint of

Discrimination and dated it March 24, 2010.

5 . In addition to the stipulated facts, the undersigned

no te d that the Complaint is stamped received by the FCHR at

10:48 a.m. on March 25, 2010.

CONCLUSIONS OF LAW

6 . The Division of Administrative hearings has

jurisdiction over the parties to and subject matter of this

proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2010).

7 . Under Section 760.11(1), Florida Statutes , any person

aggrieved by an unlawful employment practice may file a

complaint with the FCHR within 365 days after the alleged

violation. Failure to do so bars the claim. See Greene v . St.

Petersburg Motor Club v. Cook , 567 So. 2d 488 (Fla. 2nd DCA

1990).

8 . The period for filing the claim starts from the date of

the last act of alleged discrimination (in this case, March 13,

2009, the date of termination). See Maggio v. Fla. Department

of Labor and Employment Security , 899 So. 2d 1074 (Fla. 20 05).

9 . Therefore, pursuant to Florida law the Petitioner was

required to file his complaint within 365 days , or on or before

March 14, 2010. He did not. See Marie Claire Perez v. Market

Salamander , Case No. 09 - 3478, 2009 Fla.Di v.Adm.Hear. LEXIS 710

(R.O. 9/29/09; F.O. 12/14/09); § 760.11(1), Fla. Stat.; and Fla.

Admin. Code R . 60Y - 5.001 .

10 . Accordingly, this case should be dismissed as untimely

filed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Florida Commission on Human

Relations enter a Final Order dismissing the Petitioner's claim

of discrimination.

DONE AND ENTERED this 10 th day of December , 2010 , in

Tallahassee, Leon County, Florida.

S

ELEANOR M. HUNTER

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

Fi led with the Clerk of the

Division of Administrative Hearings

this 10 th day of December , 2010 .

COPIES FURNISHED :

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kra nert, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Lacey Hofmeyer, Esquire

Danielle Garno, Esquire

Greenberg Traurig

1221 Brickell Avenue

Miami, Florida 33131

James Jean - Francois, Esquire

Law Offices of James Jean - Francois, PA

6100 Hollywood Boulevard, Suite 211

Hollywood, Florida 33024

NOTICE OF RIGHTS TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.