13-003257 Kenan Tuzlak vs. Suncoast Architecture And Engineering, Llc Status: Closed DOAH Final Order on Tuesday, March 31, 2015.

Summary: Final Order on Remand. Respondent violated Pinellas County Code Section 70-54(1).

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KENAN TUZLAK,

Petitioner,

vs. Case No. 13 - 3257

SUNCOAST ARCHITECTURE AND

ENGINEERING, LLC,

Respondent.

_______________________________/

FINAL ORDER ON REMAND

On February 3, 2015 , the Appellate Division of the Circuit

Court for the Sixth Judicial Circuit , in and for Pinellas County,

Florida , entered an Opinion on Rehearing 1/ in this case. The

Opinion directed the following:

The Petition for Writ of Certiorari is

granted to the ex tent this matter is remanded

to the Administrative Law Judge to review the

evidence and testimony presented at the

November 19, 2013, hearing. The ALJ shall

determine whether "a reasonable employee"

would have found the December 21, 2012 letter

"materiall y adverse" so that it would

discourage a reasonable employee from making

or supporting a charge of discrimination.

See Donovan , 974 So. 2d at 460. On remand

the ALJ shall enter a Final Order announcing

his or her determination and reviewing the

sufficien cy of the evidence. In all other

respects the petition is denied.

On February 19, the undersigned issued an Order Reopening

File and directing the parties to submit any written argument in

support of their position s . Each party timely submitted

argument , which has been considered .

The review of the evidence and testimony presented at the

November 19, 2013 , hearing has been completed.

FINDING S OF FACT

1. The findings of fact set forth in the Recommended Order

are approved, adopted and incorporated herein by reference and

supplemented by the following :

2. The letter, found in paragraph 6 of the Recommended

Order, contains language that is materially adverse, and would

deter a reasonable person from purs u ing a complaint with the

Pinellas County Office of Human Rights. After receiving the

letter, Mr. Tuzlak conferred with his counsel and decided to

continue t his discrimination action. That continuation of the

action does not negate the reasonable person standard.

3. In reviewing the evidence provided du ring the hearing,

there is competent substantial evidence to support the findings

of fact as amended.

CONCLUSIONS OF LAW

4. The conclusions of law set forth in the Recommended

Order are approved, adopted and incorporated herein by reference.

ORDER

Based o n the foregoing amended Findings of F act and

Conclusions of Law, it is

ORDERED that :

A. Respondent violated section 70 - 54(1) Pinellas County

Code;

B. Respondent shall pay Mr. Tuzlak reasonable attorneyÓs

fees and costs in prosecuting this action. 2/

DONE AND ORDERED this 3 1st day of March , 2015 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahasse e, 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 3 1st day of March , 2015 .

ENDNOTE S

1/ Counsel for Mr. Tuzlak , Counsel for Suncoast , and Keith

Burn ett, owner of Suncoast , appeared via video in St. Petersburg

at the November 19, 2013 , hearing. The Opinion reflects that

Ms. Clevenger appeared by telephone .

2/ In the Final Order issued on January 17, 2014, jurisdiction

was retained to address the am ount of reasonable attorneyÓs fees

and costs. On February 11, 2014, the parties filed a Joint

Status report where they agreed to the amount of attorneyÓs fees

and costs.

COPIES FURNISHED:

Michelle Wallace, Esquire

Pinellas County Attorney's Office

315 Court Street , 6th Floor

Clearwater, Florida 33756

Peter J. Genova, Jr.

Equal Opportunity Coordinator

Pinellas County Office of Human Rights

5th Floor

400 South Fort Harrison Avenue

Clearwater, Florida 33756

William M. Hurter, Esquire

Spartan Law Group

Suite 151

13575 58th Street North

Clearwater, Florida 33760

(eServed)

Thania Diaz Clevenger, Esquire

CAIR - FL

8076 North 56th Street

Tampa, Florida 33617

(eServed)

Paul Valenti, Human Rights/EEO Officer

Pinellas County Office of Human Rights

5th Floor

400 South Fort Harrison Avenue

Clearwater, Florida 33756

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled

to seek judicial review by filing a petition for writ of

certiorari in the circuit court of t he Sixth Judicial Circuit in

and for Pinellas County, Florida, within 30 calendar days of the

date of this Final Order. § 70 - 77(14), Pinellas County Code.