20-002978 Darlene Gray-Jemal And Eliot Jemal vs. Barefoot Bay Recreation District, Et Al Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, July 27, 2020.

F CHR Order No. 21-021

Page 2

60Y-8.001(1)), this can be read consistently with the stat ute if the word “service” is interpreted

to m ean when the Petitioner receives the document. See, Davis v. Jacksonville Housing

Authority, FCHR Order No. 16-019 (April 7, 2016), and cases cited therein.

In “Respondents’ Reply to Petitioners ’ Re sponse to Show Cause Orde r, ” filed with the

Division of Administrative Hearings on July 23, 2020, Respondents claim th at the Commission ’ s

Notice of Determination of No Cause ( filed May 20, 2020 and mailed to the Petit ioners on that

same date , as noted by Judge Finkbeiner) was, according to United States Postal Service tracking

information, delivered and left with an individual on M ay 2 7, 2020, at 12:44 p.m. The

Commissi on’ s record o f this matter is in agreement. Thus, Petitioners had 30 days from May 27,

2020 to file a Petit ion for Relief with the Commission. Thirty days from May 27, 2020 was June

26, 2020. The Petitioner s’ Petition for Relief, filed with the Commission on June 29, 2020, is

untimely.

Since the Petition for Relief is untimely, it should be dismissed. See Davis , supra, and

Section 120.569(2)(c), Florida Statutes (20 20 ).

In modifying these conclusions of law of the Administrativ e Law Judge, we conclude: (1) that the conclusions of law being modified are conclusions of law over which the Commission has substantive jurisdiction, namely conclusions of law interpreting the Fair Housing Act’s requirements for filing a Petition for Relief and inte rpretation of the Commission’s rules

regarding the filing of a Petition for Relief; (2) that the reason the modifications are being

made by the Commission is that the conclusions of law as stated run contrary to previous Commission decisions on the issue; and (3) that in making these modifications the conclusions of law being substituted are as or more reasonable than the conclusions of law which have been rejected. See, Section 120.57(1)(l), Florida Statutes (20 20 ).

With these comm ents and corrections, we adopt the Administrative Law Judge’s findings

of fact and conclusions of law.

Except ions

N either of the parties filed exceptions to the Administrative Law Judge’s Recommended

Order of Dismissal.

Dismissal

Th e Petition for Relief and Housing Discrimination Complaint 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 to appeal is found in

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

DONE AND ORDERED this da y of , 2021.

FCHR Order No. 21-021

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F OR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

C ommissio ner Mario Garza , Panel Chairperson;

Commis sioner Libby Farm er; and

Com missi on er Larry Hart

Filed this day of , 2021,

in Tallahasse e, Florida.

Clerk

C ommission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

[phone]

FCHR Order No. 21-021

Page 4

C opies furnished to:

D arlene Gray - Je mal

3091 S.W. 52 Avenue

Davie, F L 33314

E liot Jemal

3091 S.W. 52nd Avenue

Davie, F L 33314

B aref oot Bay Recreation Dist rict

Barefoot Bay Board of Tr ustees

Barefoot Bay Arch itec t ural Review and Control Committee

Ci vic Volunteer Organization of Bare foot Bay, Inc.

c/ o Douglas T. Noah, Esq.

Dean , Ringers, Morgan & Lawton , P .A.

P.O. Box 2928 Or lando, Florida 32802-2928

B rittany O. Fin kbeiner, Administrative Law Judge, DOAH

S tanley Gorsica , Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed

addressees this _______ day of , 2021.

By:

Clerk of the Commission

Florida Commission on Human Relations