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.
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 27, 2020.
1F CHR Order No. 21-021
6Page 2
860Y-8.001(1)), this can be read consistently with the stat ute if the word service is interpreted
24to m ean when the Petitioner receives the document. See, Davis v. Jacksonville Housing
38Authority, FCHR Order No. 16-019 (April 7, 2016), and cases cited therein.
50In Respondents Reply to Petitioners Re sponse to Show Cause Orde r, filed with the
67Division of Administrative Hearings on July 23, 2020, Respondents claim th at the Commission s
83Notice of Determination of No Cause ( filed May 20, 2020 and mailed to the Petit ioners on that
102same date , as noted by Judge Finkbeiner) was, according to United States Postal Service tracking
117information, delivered and left with an individual on M ay 2 7, 2020, at 12:44 p.m. The
134Commissi on s record o f this matter is in agreement. Thus, Petitioners had 30 days from May 27,
1532020 to file a Petit ion for Relief with the Commission. Thirty days from May 27, 2020 was June
17226, 2020. The Petitioner s Petition for Relief, filed with the Commission on June 29, 2020, is
189untimely.
190Since the Petition for Relief is untimely, it should be dismissed. See Davis , supra, and
205Section 120.569(2)(c), Florida Statutes (20 20 ).
212In 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 Acts requirements for filing a Petition for Relief and inte rpretation of the Commissions rules
268regarding the filing of a Petition for Relief; (2) that the reason the modifications are being
284made 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 ).
340With these comm ents and corrections, we adopt the Administrative Law Judges findings
353of fact and conclusions of law.
359Except ions
361N either of the parties filed exceptions to the Administrative Law Judges Recommended
374Order of Dismissal.
377Dismissal
378Th e Petition for Relief and Housing Discrimination Complaint are DISMISSED with
390prejudice.
391The parties have the right to seek judicial review of this Order. The Commission and the
407appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this
424Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in
442Section 120.68, Florida Statutes , and in the Florida Rules of Appellate Procedure 9.110.
455DONE AND ORDERED this da y of , 2021.
463FCHR Order No. 21-021
467Page 3
469F OR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
477C ommissio ner Mario Garza , Panel Chairperson;
484Commis sioner Libby Farm er; and
490Com missi on er Larry Hart
496Filed this day of , 2021,
501in Tallahasse e, Florida.
505Clerk
506C ommission on Human Relations
5114075 Esplanade Way, Room 110
516Tallahassee, FL 32399
519(850) 488-7082
521FCHR Order No. 21-021
525Page 4
527C opies furnished to:
531D arlene Gray - Je mal
5373091 S.W. 52 Avenue
541Davie, F L 33314
545E liot Jemal
5483091 S.W. 52nd Avenue
552Davie, F L 33314
556B aref oot Bay Recreation Dist rict
563Barefoot Bay Board of Tr ustees
569Barefoot Bay Arch itec t ural Review and Control Committee
579Ci vic Volunteer Organization of Bare foot Bay, Inc.
588c/ o Douglas T. Noah, Esq.
594Dean , Ringers, Morgan & Lawton , P .A.
601P.O. Box 2928 Or lando, Florida 32802-2928
608B rittany O. Fin kbeiner, Administrative Law Judge, DOAH
617S tanley Gorsica , Legal Advisor for Commission Panel
625I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed
641addressees this _______ day of , 2021.
647By:
648Clerk of the Commission
652Florida Commission on Human Relations
- Date
- Proceedings
- PDF:
- Date: 03/31/2021
- Proceedings: Agency Final Order Dismissing Petition for Relief From a Discriminatory Housing Practice filed.
- PDF:
- Date: 07/24/2020
- Proceedings: Response to Respondents' Reply to Petitioners' Response to Show Cause Order filed.
Case Information
- Judge:
- BRITTANY O. FINKBEINER
- Date Filed:
- 06/30/2020
- Date Assignment:
- 07/01/2020
- Last Docket Entry:
- 03/31/2021
- Location:
- Davie, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Tammy S Barton, Agency Clerk
Address of Record -
John Coffey
Address of Record -
Darlene D. Gray-Jemal
Address of Record -
Douglas T. Noah, Esquire
Address of Record