20-002272 Willie Scott vs. Circle K. Stations Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, September 18, 2020.

FCHR Order No. 20-014

Page2

2017), Santana v. Charter Communications, Inc., FCHR Order No. 17-067 (August 23, 2017),

Jacome v. Victoria's Secret, LLC, FCHR Order No. 16-030 (June 9, 2016), Wade v. District

School Board of Putnam County, FCHR Order No. 15-008 (February 12, 2015), Demons v.

Emerald Grande, LLC, FCHR Order No. 14-033 (September 10, 2014), Bullard v. Lowry Group

Properties. Inc., et al., FCHR Order No. 13-011 (February 26, 2013), Goldenberg v. Department

of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of

Financial Services, FCHR Order No. 11-034 (April13, 2011), Patterson v. Panama City Housing

Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal

Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing

Authority, FCHR Order No. 10-041 (April27, 2010), Cowden v. Difiglio, et al., FCHR Order

No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009

(January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez

v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler

Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC

Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April20, 2007),

Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006),

and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner

and conclude that Petitioner has failed to carry his burden of proof.

Exceptions

The Recommended Order of Dismissal was issued on September 18, 2020. Petitioner

claims in a fax to Judge Telfer dated September 28, 2020, that he faxed a "rebuttal" to Judge

Telfer on September 15, 2020 (the date of the hearing). Petitioner, in his fax dated September 28,

2020, included a copy of the document and a "Rebuttal Statement." In addition, Petitioner

describes the information as "new evidence," and requests either that it be considered by Judge

Telfer or that the Division of Administrative Hearings schedule another hearing.

The Administrative Procedure Act states that, "The final order shall include an explicit

ruling on each exception, but an agency need not rule on an exception that does not clearly

identify the disputed portion of the recommended order by page number or paragraph, that does

not identify the legal basis for the exception, or that does not include appropriate and specific

citations to the record." Section 120.57(1)(k), Florida Statutes (2016); see, also Taylor v.

Universal Studios, FCHR Order No 14-007 (March 26, 2014), McNeil v. HealthPort

Technologies, FCHR Order No. 12-026 (June 27, 20120, and Bartolone v . Best Western Hotels,

FCHR Order No. 07-045 (August 24, 2007). A review of Petitioner's documents suggest that

they do not comply with this statutory provision.

Thus, based on the foregoing, even if it was assumed that Petitioner's fax and other

documents constitute exceptions to the Recommended Order of Dismissal, Petitioner's

exceptions are rejected. Respondent did not file Exceptions to the Administrative Law Judge's

Recommended Order of Dismissal.

FCHR Order No. 20-014

Page 3

Dismissal

The Petition for Relief and Complaint ofDiscrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the

appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in

Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED day of Y]lfeJe/ , 2020.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario Garza, Panel Chairperson;

Commissioner Larry Hart; and

Commissioner Jay Pichard

Filed this 3D day of ) , 2 J 020,

in Tallahassee, Florida. / - 1 ?

Clerk 'l1

Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

[phone]

FCHR Order No. 20-014

Page4

Copies furnished to:

Willie Scott

Post Office Box 867

Hastings, FL 32145

Circle K Stations

c/o Brian L. Hayden, Esq.

Jackson Lewis PC

501 Riverside Avenue, Suite 902

Jacksonville, FL 32202

Robert J. Telfer III, Administrative Law Judge, DOAH

Stanley Gorsica, Legal Advisor for Commission Panel

I HEREBY <; ertify="" tha="" vj="" _oppr="" o="" fil="" the="" foregoing="" has="" been="" mailed="" to="" the="" above="">

addressees this 3D day of , 2020. 1

v I ,,

By:

Clerk of the C 01 ' iss ion

Florida Commission on Human Relations