04-001137 Geraldine Dar Dar vs. Associated Outdoor Club, Inc. Status: Closed Recommended Order on Monday, May 3, 2004.

Summary: Failure to file Petition for Relief within 35 days requires dismissal.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GERALDINE DAR DAR, )

)

Petitioner, )

)

vs. ) Case No. 04 - 1137

)

ASSOCIATED OUTDOOR CLUB, INC., )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

This matter comes on for review of Respondent's Motion to

Dismiss Petition for Relief filed on April 9, 2004. The

Petitioner filed a response to the motion on April 13, 2004.

The Petitioner's complaint of discrimination was dual - filed

with the Florida C ommission on Human Relations (FCHR) and the

United States Equal Employment Opportunity Commission (EEOC).

On February 10, 2004, the EEOC issued a Dismissal and Notice of

Rights in which the EEOC states as follows:

The EEOC issues the following determinati on:

Based upon its investigation, the EEOC is

unable to conclude that the information

obtained establishes violations of the

statutes. This does not certify that the

Respondent is in compliance with the

statutes. No finding is made as to any

other issue s that might be construed as

having been raised by this charge.

On February 19, 2004, FCHR issued a Notice of Dismissal and

Right to Sue which provides as follows:

The case was dual filed with the EEOC, and

the EEOC issued its determination that it

was un able to conclude that the information

obtained establishes violations of the

statutes. Therefore, pursuant to the

authority of Woodham v. Blue Cross & Blue

Shield of Florida , 829 So. 2d 891 (Fla.

2002), the case is dismissed and Complainant

may pursue thi s claim in the Division of

Administrative Hearings within 35 days of

the date of this dismissal, or in civil

court within 1 year from the date of this

dismissal provided such time period is not

more than 4 years from the date the alleged

violation occurred .

Florida Administrative Code Rule 60Y - 5.008(1) requires

that a Petition for Relief must be filed within 35 days of

the date of determination. Florida Administrative Code

Rule 60Y - 3.001(29) provides that the "date of filing" means a

completed complaint is received by FCHR prior to 5:00 p.m.

(Eastern time).

The 35 - day period from the February 19, 2004, date of the

Notice of Dismissal and Right to Sue expired on March 25, 2004.

In the Petitioner's response the Petitioner states that she

mailed her Peti tion for Relief on March 29, 2004. The Petition

for Relief was received and docketed by FCHR on March 31, 2004.

Florida Administrative Code Rule 28 - 106.103 provides as

follows:

28 - 106.103 Computation of Time.

In computing any period of time allowed by

t his chapter, by order of a presiding

officer, or by any applicable statute, the

day of the act from which the period of time

begins to run shall not be included. The

last day of the period shall be included

unless it is a Saturday, Sunday, or legal

holida y, in which event the period shall run

until the end of the next day which is not a

Saturday, Sunday, or legal holiday. When

the period of time allowed is less than

7 days, intermediate Saturdays, Sundays, and

legal holidays shall be excluded in the

compu tation. As used in these rules, legal

holiday means those days designated in

Section 110.117, F.S. Except as provided in

Rule 28 - 106.217, F.A.C., five days shall be

added to the time limits when service has

been made by U.S. mail. One business day

shall be added when service is made by

overnight courier. No additional time shall

be added if service is made by hand,

facsimile telephone transmission, or other

electronic transmission or when the period

of time begins pursuant to a type of notice

described in Rule 28 - 106.111, F.A.C.

In this case, the 35 - day time period began pursuant to the

type of notice described in Florida Administrative Code Rule 28 -

106.111 which addresses the Petitioner's point of entry into the

administrative hearing process. Accordi ngly, no additional time

for mailing is added to the deadline for filing the Petition for

Relief.

In the Petitioner's response to the Motion to Dismiss, the

Petitioner states that she was not aware that weekends and

holidays were included in the time com putation. The Petitioner

is not subject to a lesser standard of conduct than a licensed

attorney. A party's self - representation does not relieve the

party of its obligation to comply with appropriate rules.

Carr v. Grace , 321 So. 2d 618 (Fla. 3rd DCA 1 975), cert. denied

348 So. 2d 945 (Fla. 1977).

Based on the foregoing, it is hereby

RECOMMENDED that the Florida Commission on Human Relations

enter a Final Order dismissing the Petition for Relief filed in

this case.

DONE AND ENTERED this 3rd day of M ay, 2004, in Tallahassee,

Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9 675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of May, 2004.

COPIES FURNISHED :

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 A palachee Parkway, Suite 100

Tallahassee, Florida 32301

Geraldine Dar Dar

Post Office Box 7102

Tampa, Florida 33673

Sharonda P. Mills, Esquire

Allen, Norton & Blue

324 South Hyde Park Avenue

Tampa, Florida 33606 - 4110

Cecil Howard, General Counsel

Flo rida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any ex ceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.