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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-022

FCHR Order No. 12-022

Date of Release: 05/16/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ANGELA TAGLIAFERRI AND BETSY STEPHENS

 

HUD Case No. 04-11-0624-8

Petitioner

 

FCHR Case No. 2011H0278

   

DOAH Case No. 12-0537

v.

   

CAMBRIDGE MANAGEMENT SERVICES, INC., AND WINTER

PARK HOUSING AUTHORITY

 

FCHR Order No. 12-022

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated March 1, 2012, issued in the above-styled matter by Administrative Law Judge Lynne A. Quimby-Pennock.

Findings of Fact and Conclusions of Law

Judge Quimby-Pennock’s Recommended Order of Dismissal finds that the Division of Administrative Hearings is without jurisdiction to provide a hearing in the matter.

Specifically, the Recommended Order of Dismissal states, “In the instant case, Petitioners readily admit that they filed a federal claim based on the same factual allegations as found in their Petition for Relief filed with the Florida Commission on Human Relations. Based on the plain reading of the statute, Petitioners could either file their action in ‘any appropriate court’ or ‘petition for an administrative determination.’ Petitioners cannot do both. Since Petitioners have sought redress in the federal court system, the Division of Administrative Hearings is without jurisdiction to provide a hearing on the alleged subject matter.” The Recommended Order of Dismissal recommends that the Commission dismiss Petitioners’ Petition for Relief for lack of jurisdiction.

We adopt the Administrative Law Judge’s findings of fact and conclusions of law as set out above. See Section 760.34(4), Florida Statutes (2010).

FCHR Order No. 12-022

Page 2

Exceptions

Petitioners filed exceptions to the Recommended Order of Dismissal in a document entitled, “Notice of Exception,” received by the Commission on March 8, 2012.

The document asks that the instant action not be dismissed even though a federal lawsuit had been filed.

Through our adoption of the findings of fact and conclusions of law set out above, we have adopted the Administrative Law Judge’s conclusion that Petitioners could either file an action in an appropriate court or petition for an administrative determination, but not both. Section 760.34(4), Florida Statutes (2010).

Petitioners’ exceptions are rejected.

Dismissal

This Order disposes of all motions pending before the Commission.

The Petition for Relief and Amended Housing Discrimination Complaint are DISMISSED in their entirety, 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 this 16th day of May , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Romano; and

Commissioner Billy Whitefox Stall

Filed this 16th day of May , 2012,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 12-022

Page 3

Copies furnished to:

Angela Tagliaferri

825 South Wymore Road, Apartment 1A

Altamonte Springs, FL 32714

Betsy Stephens

825 South Wymore Road, Apartment 1A

Altamonte Springs, FL 32714

Cambridge Management Services, Inc.

c/o Carol Grondzik, Esq.

Lutz, Bobo, Telfair, Eastman, Gabel & Lee

2155 Delta Boulevard, Suite 210-B

Tallahassee, FL 32303

Winter Park Housing Authority

c/o Michael Harrison Bowling, Esq.

Bell and Roper, P.A.

2707 East Jefferson Street

Orlando, FL 32803

Cheryl Norton

Rosalie McMasters

c/o Greg Ackerman, Esq.

Cole, Scott & Kissane, P.A.

Tower Place, Suite 750

1900 Summit Tower Boulevard

Orlando, FL 32810

Lynne A. Quimby-Pennock, 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 16th day of May , 2012.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations