18-000539 Maria G. Braga vs. 1201 Management Company, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, April 2, 2018.

FCHR Order No. 18-032

Page2

mean when the Petitioner actually receives the document. See, Davis v. Jacksonville Housing

Authority, FCHR Order No. 16-019 (April 7, 2016), and cases cited therein.

The Commission's record of this matter reflects that the Notice of Determination was

dated December 13, 2017, and mailed to the Petitioner at her Post Office Box on that same date.

The document was available for pick-up from the United States Postal Service at 7:45p.m. on

December 20, 2017 - because the time of availability was after close-of-business, the document

was in fact available for pick-up on December 21, 2017. The document was picked-up and

signed for by Petitioner on January 2, 2018. The Commission received Petitioner's Petition for

Relief on February 1, 2018.

In conclusions of law adopted by a Commission Panel in a housing discrimination case in

which the Notice of Determination was sent to the Petitioner's Post Office Box, the

Administrative Law Judge concluded, "Petitions for Relief must be filed within 30 days of the

service of a notice of determination. Fla. Admin. CodeR. 60Y-8.001(1). 'Service' is interpreted

by FCHR as the date a petitioner receives the notice. See § 760.35(3)(a)(2), Fla. Stat. (2016).

The date of 'receipt' is determined by when the notice is made available to the recipient at a

postal facility or is otherwise signed for by the recipient... The time for responding to the notice

was within 30 days of its arrival at the postal facility." Rabalais v. Salt Springs Resort Assoc.

Inc., and Bosshardt Property Management. Inc., conclusions of law in the Administrative Law

Judge's "Final Order ofDismissal" in DOAH Case No. 17-1160, April25, 2017, adopted by

FCHR Order No. 17-050 (July 13, 2017).

Applying the conclusions of law in Rabalais, supra, to the facts set out above, we conclude

that Petitioner had 30 days from December 21,2017, the date the Notice ofDetermination was

available for pick-up, to file a Petition for Relief with the Commission. Thirty days from

December 21,2017, was Saturday, January 20, 2018 . Since the 30-day time period ended on a

Saturday, the Petition for Relief was due filed with the Commission on the following Monday,

January 22, 2018. See, Fla. Admin. CodeR. 28-106.103. The Petitioner's Petition for Relief,

filed with the Commission on February 1, 2018, is untimely.

Since the Petition for Relief is untimely, it should be dismissed . See Davis, supra, and

Section 120.569(2)( c), Florida Statutes (20 17).

In modifying these conclusions of law of the Administrative Law Judge, we conclude: (1)

that the conclusions of law being modified are conclusions of law over which the Commission

has substantive jurisdiction, namely conclusions oflaw interpreting the Fair Housing Act's

requirements for filing a Petition for Relief and interpretation of the Commission's rules

regarding the filing of a Petition for Relief; (2) that the reason the modifications are being

made by the Commission is that the conclusions of law as stated run contrary to previous

Commission decisions on the issue; and (3) that in making these modifications the conclusions of

law being substituted are as or more reasonable than the conclusions oflaw which have been

rejected. See, Section 120.57(1 )(1), Florida Statutes (2017).

With these comments and corrections, we adopt the Administrative Law Judge's findings

of fact and conclusions of law.

FCHR Order No. 18-032

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Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended

Order of Dismissal.

Dismissal

The Petition for Relief and Housing Discrimination Complaint are DISMISSED with

prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the

appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in

Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONEANDORDEREDthis ..Zt ,2018.

FOR THE FLORIDA COMMISSION ON UMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson;

Commissioner Donna Elam; and

Commissioner Mario Garza

Filed this d...l_ day of '2018,

in Tallahassee, Florida.

Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

[phone]

Copies furnished to:

Maria G. Braga

Post Office Box 10505

Miami, FL 33101

FCHR Order No. 18-032

Page4

1201 Management Company, LLC

c/o Jonathan J. Alfonso, Esq.

Title Answers, A Law Firm

7260 SW 39th Terrace, Ste. 480

Miami, FL 33155

Robert E. Meale, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY tha n op y of the foregoing has been mailed to the above listed

addresseesthis d.l dayof ,2018.

Clerk of the Co lSSlon

Florida Commission on Human Relations