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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-029

FCHR Order No. 09-029

Date of Release: 04/09/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

CARLTON D. JORGENSEN, JR.

HUD Case No. 04-08-0683-8

Petitioner

 

v.

FCHR Case No. 27-92444H

   

SEACABINS HOMEOWNERS ASSOCIATION

DOAH Case No. 08-3346

Respondent

FCHR Order No. 09-029

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Carlton D. Jorgensen, Jr., filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Seacabins Homeowners Association committed a discriminatory housing practice by failing to accommodate Petitioner’s disability.

The allegations set forth in the complaint were investigated, and, on June 12, 2008, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.

Petitioner filed a Petition for Relief from a Discriminatory Housing Practice and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Shalimar, Florida, on November 19, 2008, before Administrative Law Judge P. Michael Ruff.

Judge Ruff issued a Recommended Order of dismissal, dated January 27, 2009.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and

FCHR Order No. 09-029

Page 2

Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004). See, also, Villamizar, et al. v. Gomez, FCHR Order No. 06-093 (November 13, 2006).

We adopt the Administrative Law Judge’s findings of fact.

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Recommended Order.

Petitioner sent a letter to the Administrative Law Judge, received by the Division of Administrative Hearings on February 19, 2009, twenty-three days after the date of the Recommended Order. The letter appears to attempt to introduce into the record documentary evidence that was not admitted into evidence by the Administrative Law Judge at the final hearing. We decline to consider this document as an “exception” to the Recommended Order. Accord, Hurtado v. North Florida Rehab and Specialty Care, FCHR Order No. 08-047 (July 29, 2008), in which a Commission panel declined to consider as an exceptions document a filing that was received more than 15 days from the date of the Recommended Order and which attempted to place into the record of the case a letter that was not admitted into evidence by the Administrative Law Judge.

Dismissal

The 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 9th day of April , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Onelia A. Fajardo, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Anice R. Prosser

FCHR Order No. 09-029

Page 3

Filed this 9th day of April , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Carlton D. Jorgensen, Jr.

c/o Nancy A. Maconi

Post Office Box 6031

Miramar Beach, FL 32550

Seacabins Homeowners Association

c/o John M. Fite, Esq.

c/o Raymond F. Newman, Esq.

Post Office Box 2467

Panama City, FL 32402

P. Michael Ruff, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 9th day of April , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations