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.


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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

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/21/2018
Proceedings: Agency Final Order
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.
PDF:
Date: 04/02/2018
Proceedings: Recommended Order of Dismissal. CASE CLOSED.
Date: 03/30/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 03/30/2018
Proceedings: Notice of Filing Designation of Email Addresses filed.
PDF:
Date: 03/30/2018
Proceedings: Notice of Appearance filed.
PDF:
Date: 03/30/2018
Proceedings: Motion to Dismiss Complaint filed.
PDF:
Date: 03/30/2018
Proceedings: Notice of Appearance filed.
Date: 03/29/2018
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 03/27/2018
Proceedings: Notice of Ex Parte Communication.
PDF:
Date: 03/26/2018
Proceedings: Fax with Photocopies of Receipts Attached filed.
PDF:
Date: 03/22/2018
Proceedings: Fax Cover Sheet Containing Certified Mail Receipt filed.
PDF:
Date: 03/20/2018
Proceedings: Court Reporter Request filed.
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).
PDF:
Date: 02/19/2018
Proceedings: Notice of Ex Parte Communication.
PDF:
Date: 02/16/2018
Proceedings: Petitioner's Response to Initial Order filed.
PDF:
Date: 02/12/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/08/2018
Proceedings: Letter to Judge Meale from Maria Braga Requesting an Extension of Time filed.
PDF:
Date: 02/02/2018
Proceedings: Initial Order.
PDF:
Date: 02/02/2018
Proceedings: Letter from Maria Braga regarding mailing address filed.
PDF:
Date: 02/01/2018
Proceedings: Petition for Relief filed.
PDF:
Date: 02/01/2018
Proceedings: Transmittal of Petition filed by the Agency.
PDF:
Date: 02/01/2018
Proceedings: Housing Discrimination Complaint filed.
PDF:
Date: 02/01/2018
Proceedings: Notice of Determination (No Cause) filed.
PDF:
Date: 02/01/2018
Proceedings: Determination filed.

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

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):

Related Florida Rule(s) (2):