98-000175 Faye Musgrove vs. Suwannee County And Suwannee County Sheriff`s Department Status: Closed Recommended Order on Wednesday, May 20, 1998.

Summary: Petitioner was never employed by Respondent and never applied for employment with Respondent. Case dismissed for lack of subject matter jurisdiction.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FAYE MUSGROVE, )

)

Petitioner, )

)

vs. ) Case No. 98-0175

)

SUWANNEE COUNTY and )

SUWANNEE COUNTY SHERIFF'S )

DEPARTMENT, )

)

Respondents. )

)

RECOMMENDED ORDER OF DISMISSAL

This cause came on for consideration of a Motion for Summary

Final Order filed by Respondent Suwannee County Sheriff's

Department on April 8, 1998. Said motion is considered here as a

Motion for Recommended Order of Dismissal.

APPEARANCES

For Petitioner: Faye Musgrove, pro se

Post Office Box 657

Live Oak, Florida 32064

For Respondent: Linda G. Bond, Esquire

Counsel for Suwannee County

Sheriff's Department

Post Office Box 12186

Tallahassee, Florida 32317

For Respondent: Suwannee County

No Appearance

STATEMENT OF THE ISSUE

The issue is whether the Division of Admi nistrative Hearings

has subject matter jurisdiction over the issues raised in

Petitioner's Charge of Discrimination.

PRELIMINARY STATEMENT

On or about February 20, 1997, Petitioner Faye Musgrove

(Petitioner) filed a Charge of Discrimination with the Florida

Commission on Human Relations (FCHR). Said charge alleged that

Respondent Suwannee County Sheriff's Department (SCSD)

discriminated against her in violation of Chapter 760, Florida

Statutes. Petitioner did not allege that Respondent Suwannee

County, as a separate governmental unit, was guilty of

discriminatory acts under Chapter 760, Florida Statutes.

On August 29, 1997, Petitioner filed an Election of Rights

Form with FCHR. She sought permission to withdraw her charge and

to file a Petition for Relief to proceed with an administrative

hearing pursuant to Sections 760.11(4)(b) and 760.11(8), Florida

Statutes.

FCHR referred this case to the Division of Administrative

Hearings on January 9, 1998. An Amended Initial Order dated

January 28, 1998, was issued on January 28, 1998.

The undersigned issued a Notice of Hearing on February 6,

1998. Said notice scheduled this case for formal hearing on

June 25-26, 1998.

On April 8, 1998, SCSD filed the following pleadings:

Respondent's Motion for Summary Final Order, Respondent's

Proposed Recommended Order, Petitioner's deposition testimony

dated February 9, 1998.

On April 10, 1998, the undersigned issued an Order to Show

Cause. Said order required Petitioner to show cause why the case

should not be dismissed for lack of subject matter jurisdiction.

Petitioner filed a response to the Order to Show Cause on

August 24, 1998. This order follows.

FINDINGS OF FACT

1. Petitioner's discrimination statement dated February 18,

1997, states as follows:

I believe that I was discriminated against

when the sheriff's department used illegally

obtained information from my employer and a

relative of mine working in the department,

to give negative references and information

to the general public.

2. Petition er has never applied for employment or been

employed by the Suwannee County Sheriff or his office.

3. Petitioner's claim apparently arises out of a family

dispute between the Petitioner, her mother, Lotis Musgrove, and

her sister, Eyvonne M. Roberson, who works for the Suwannee

County Sheriff's Department.

4. The family dispute is not related to the Petitioner's

employment with the Suwannee County Sheriff.

CONCLUSIONS OF LAW

5. The Division of Administrative Hearings has jurisdiction

over claims arising under Chapter 760, Florida Statutes.

Sections 120.57(1) and 760.11, Florida Statutes.

6. Chapter 760.07, Florida Statutes (1997), provides as

follows in pertinent part:

Any violation of any Florida statute making

unlawful discrimination because of race,

color, religion, gender, national origin,

age, handicap, or marital status in the areas

of education, employment, housing, or public

accommodations gives rise to a cause of

action for all relief and damages described

in s. 760.11(5), unless greater damages are

expressly provided for. . . .

7. Claims arising under Chapter 760, Florida Statutes, are

limited to those which involve discrimination related to

employment, housing or acquired immune deficiency syndrome

(AIDS). Honig v. Florida Commission on Human Relations ,

659 So. 2d 1236, 1237 (Fla. 5th DCA 1995).

8. Unlawful employment practices are set forth in Section

760.10, Florida Statutes.

9. Petitioner has never been an applicant or an employee of

SCSD. Accordingly, she cannot state a cause of action for

employment discrimination against SCSD.

10. Regardless of the harm that the Petitioner may have

suffered as a result of the family dispute, the Division of

Administrative Hearings does not have jurisdiction over the

subject matter of Petitioner's claims pursuant to Chapter 760,

Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Facts and Conclusions of

Law, it is

RECOMMENDED:

That FCHR dismiss Petitioner's Petition for Relief.

DONE AND ENTERED this 20th day of May, 1998, in Tallahassee,

Leon County, Florida.

___________________________________

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the C lerk of the

Division of Administrative Hearings

this 20th day of May, 1998.

COPIES FURNISHED:

Linda G. Bond, Esquire

Powers, Quaschnick, Tischler

and Evans

Post Office Box 12186

Tallahassee, Florida 32317-2186

Faye Musgrove

Post Office Box 657

Live Oak, Florida 32064

Charmin Christensen, Director

Suwannee County Personnel

200 South Ohio Avenue

Live Oak, Florida 32060

Sharon Moultry, Clerk

Human Relations Commission

Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149

Dana Baird, General Counsel

Human Relations Commission

Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.