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.
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 2, 2018.
1FCHR Order No. 18-032
5Page2
6mean when the Petitioner actually receives the document. See, Davis v. Jacksonville Housing
19Authority, FCHR Order No. 16-019 (April 7, 2016), and cases cited therein.
31The Commission's record of this matter reflects that the Notice of Determination was
44dated December 13, 2017, and mailed to the Petitioner at her Post Office Box on that same date.
62The document was available for pick-up from the United States Postal Service at 7:45p.m. on
77December 20, 2017 - because the time of availability was after close-of-business, the document
91was in fact available for pick-up on December 21, 2017. The document was picked-up and
106signed for by Petitioner on January 2, 2018. The Commission received Petitioner's Petition for
120Relief on February 1, 2018.
125In conclusions of law adopted by a Commission Panel in a housing discrimination case in
140which the Notice of Determination was sent to the Petitioner's Post Office Box, the
154Administrative Law Judge concluded, "Petitions for Relief must be filed within 30 days of the
169service of a notice of determination. Fla. Admin. CodeR. 60Y-8.001(1). 'Service' is interpreted
182by FCHR as the date a petitioner receives the notice. See § 760.35(3)(a)(2), Fla. Stat. (2016).
198The date of 'receipt' is determined by when the notice is made available to the recipient at a
216postal facility or is otherwise signed for by the recipient... The time for responding to the notice
233was within 30 days of its arrival at the postal facility." Rabalais v. Salt Springs Resort Assoc.
250Inc., and Bosshardt Property Management. Inc., conclusions of law in the Administrative Law
263Judge's "Final Order ofDismissal" in DOAH Case No. 17-1160, April25, 2017, adopted by
276FCHR Order No. 17-050 (July 13, 2017).
283Applying the conclusions of law in Rabalais, supra, to the facts set out above, we conclude
299that Petitioner had 30 days from December 21,2017, the date the Notice ofDetermination was
314available for pick-up, to file a Petition for Relief with the Commission. Thirty days from
329December 21,2017, was Saturday, January 20, 2018 . Since the 30-day time period ended on a
346Saturday, the Petition for Relief was due filed with the Commission on the following Monday,
361January 22, 2018. See, Fla. Admin. CodeR. 28-106.103. The Petitioner's Petition for Relief,
374filed with the Commission on February 1, 2018, is untimely.
384Since the Petition for Relief is untimely, it should be dismissed . See Davis, supra, and
400Section 120.569(2)( c), Florida Statutes (20 17).
407In modifying these conclusions of law of the Administrative Law Judge, we conclude: (1)
421that the conclusions of law being modified are conclusions of law over which the Commission
436has substantive jurisdiction, namely conclusions oflaw interpreting the Fair Housing Act's
447requirements for filing a Petition for Relief and interpretation of the Commission's rules
460regarding the filing of a Petition for Relief; (2) that the reason the modifications are being
476made by the Commission is that the conclusions of law as stated run contrary to previous
492Commission decisions on the issue; and (3) that in making these modifications the conclusions of
507law being substituted are as or more reasonable than the conclusions oflaw which have been
522rejected. See, Section 120.57(1 )(1), Florida Statutes (2017).
530With these comments and corrections, we adopt the Administrative Law Judge's findings
542of fact and conclusions of law.
548FCHR Order No. 18-032
552Page3
553Exceptions
554Neither of the parties filed exceptions to the Administrative Law Judge's Recommended
566Order of Dismissal.
569Dismissal
570The Petition for Relief and Housing Discrimination Complaint are DISMISSED with
581prejudice.
582The parties have the right to seek judicial review of this Order. The Commission and the
598appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this
615Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in
633Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
646DONEANDORDEREDthis ..Zt ,2018.
649FOR THE FLORIDA COMMISSION ON UMAN RELATIONS:
656Commissioner Tony Jenkins, Panel Chairperson;
661Commissioner Donna Elam; and
665Commissioner Mario Garza
668Filed this d...l_ day of '2018,
674in Tallahassee, Florida.
677Commission on Human Relations
6814075 Esplanade Way, Room 110
686Tallahassee, FL 32399
689(850) 488-7082
691Copies furnished to:
694Maria G. Braga
697Post Office Box 10505
701Miami, FL 33101
704FCHR Order No. 18-032
708Page4
7091201 Management Company, LLC
713c/o Jonathan J. Alfonso, Esq.
718Title Answers, A Law Firm
7237260 SW 39th Terrace, Ste. 480
729Miami, FL 33155
732Robert E. Meale, Administrative Law Judge, DOAH
739James Mallue, Legal Advisor for Commission Panel
746I HEREBY CERTIFY tha n op y of the foregoing has been mailed to the above listed
763addresseesthis d.l dayof ,2018.
767Clerk of the Co lSSlon
772Florida Commission on Human Relations
- Date
- Proceedings
- PDF:
- Date: 06/21/2018
- Proceedings: Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
- PDF:
- Date: 04/04/2018
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to the agency.
- Date: 03/30/2018
- Proceedings: CASE STATUS: Hearing Held.
- Date: 03/29/2018
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 03/15/2018
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 03/06/2018
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 03/06/2018
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 30, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
Case Information
- Judge:
- ROBERT E. MEALE
- Date Filed:
- 02/01/2018
- Date Assignment:
- 02/02/2018
- Last Docket Entry:
- 06/21/2018
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Jonathan J. Alfonso, Esquire
Address of Record -
Tammy S Barton, Agency Clerk
Address of Record -
Maria G. Braga
Address of Record -
Cheyanne M. Costilla, General Counsel
Address of Record -
Bernardino Rodriguez
Address of Record -
Tammy S. Barton, Agency Clerk
Address of Record -
Cheyanne M. Costilla, Executive Director
Address of Record