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06-000483 Marcy S. Kelly vs. Florida Crown Workforce Board, Inc.
 Status: Closed
Recommended Order on Thursday, March 23, 2006.

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Summary: No employer-employee relationship existed between the parties, and the Florida Commission on Human Relations does not have jurisdiction.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8MARCY S. KELLY, )

12)

13Petitioner, )

15)

16vs. ) Case No. 06 - 0483

23)

24FLORIDA CROWN WORKFORCE )

28BOARD, INC., )

31)

32Respondent. )

34)

35RECOMMENDED ORDER OF DISMISSAL

39This cause came before the undersigned on Respondent,

47Florida Crown Workforce Board, Inc.'s (Florida Crown), Motion to

56Dismiss for Lack of Jurisdiction. Petitioner did not file a

66response to the motion.

70Oral argument was heard on the Motion during a tel ephone

81conference call held on March 23, 2006.

88This case began when Petitioner filed an Employment

96Complaint of Discrimination with the Florida Commission on Human

105Relations (FCHR) on November 18, 2005. The complaint alleged

114discrimination on the basis of race by Respondent. After an

124investigation of the charge, FCHR issued a Determination: No

133Jurisdiction and a Notice of Determination: No Jurisdiction on

142Janu ary 6, 2006. The Determination : No Jurisdiction was based

153on the determination that no employ er - employee relationship

163exists between the parties. On February 2, 2006, Petitioner

172filed a Petition for Relief with attachments. On or about

182February 9, 2006, the case was transmitted by FCHR to the

193Division of Administrative Hearings.

197FINDINGS OF FACT

2001. Respondent's Motion to Dismiss for Lack of Jurisdiction

209asserts that Petitioner was never an employee of Florida Crown

219and that Petitioner conceded this in attachments to her Petition

229for Relief. During the telephone motion hearing, Petitioner

237acknow ledged that she was not employed by Florida Crown.

2472. Therefore, as a matter of fact, no employer - employee

258relationship existed between the parties.

263CONCLUSIONS OF LAW

2663. Section 760.02(7), Florida Statutes, defines an

273employer as follows:

276(7) 'Emp loyer' means any person employing

28315 or more employees for each working day in

292each of 20 or more calendar weeks in the

301current or preceding calendar year, and any

308agent of such a person. (emphasis supplied)

3154 . As a matter of law, no employer - employe e relationship

328existed between the parties. Accordingly, FCHR has no

336jurisdiction under the Florida Civil Rights Act over this case.

346RECOMMENDATION

347Based on the foregoing, it is

353RECOMMENDED:

354That the Florida Commission on Human Relations enter a

363final or der dismissing Petitioner's Complaint of Discrimination.

371With this disposition, the Final Hearing in this case scheduled

381for May 5 and 6, 2006 , is cancelled , and the file of the

394Division of Administrative Hearings is hereby closed.

401DONE AND ENTERED this 23rd day of March, 2006, in

411Tallahassee, Leon County, Florida.

415S

416___________________________________

417BARBARA J. STAROS

420Administrative Law Judge

423Division of Administrative Hearings

427The DeSoto Building

4301230 Apalachee Parkway

433Tallahassee, Florida 32399 - 3060

438(850) 488 - 9675 SUNCOM 278 - 9675

446Fax Filing (850) 921 - 6847

452www.doah.state.fl.us

453Filed with the Clerk of the

459Division of Administrative Hearings

463this 23rd day of March, 2006.

469COPIES FURNISHED :

472Marcy S. Kelly

475Post Office Box 3003

479Lake City, Florida 32056

483Thomas W. Brown, Esquire

487Brannon, Brown, Haley &

491Bullock, P.A.

493Post Office 1029

496Lake City, Florida 32056 - 2029

502Denise Crawford, Agency Clerk

506Florida Commission on Human Relations

5112009 Apalachee Parkway, Suite 100

516Tallahassee, Florida 32301

519Cecil Howard, General Counsel

523Florida Commission on Human Relations

5282009 Apalachee Parkway

531Tallahassee, Florida 32301

Dockets
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PDF
Date
Proceedings
PDF:
Date: 05/30/2006
Proceedings: Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 05/24/2006
Proceedings: Agency Final Order
PDF:
Date: 03/23/2006
Proceedings: Recommended Order
PDF:
Date: 03/23/2006
Proceedings: Recommended Order of Dismissal. CASE CLOSED.
PDF:
Date: 03/06/2006
Proceedings: Motion to Dismiss for Lack of Jurisdiction filed.
PDF:
Date: 03/01/2006
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 02/27/2006
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/27/2006
Proceedings: Notice of Hearing (hearing set for May 4 and 5, 2006; 10:00 a.m.; Lake City, FL).
PDF:
Date: 02/20/2006
Proceedings: Response to Initial Order filed.
PDF:
Date: 02/10/2006
Proceedings: Initial Order.
PDF:
Date: 02/09/2006
Proceedings: Notice of Determination: No Jurisdiction filed.
PDF:
Date: 02/09/2006
Proceedings: Determination: No Jurisdiction filed.
PDF:
Date: 02/09/2006
Proceedings: Employment Complaint of Discrimination filed.
PDF:
Date: 02/09/2006
Proceedings: Petition for Relief filed.
PDF:
Date: 02/09/2006
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
02/09/2006
Date Assignment:
02/10/2006
Last Docket Entry:
05/30/2006
Location:
Lake City, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

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