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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-030

FCHR Order No. 12-030

Date of Release: 06/12/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

FLORIDA COMMISSION ON HUMAN

RELATIONS ON BEHALF OF

BAHIYYIH WATSON

 

HUD Case No. 04-09-0310-8

Petitioner

 

FCHR Case No. 2009H0066

   

DOAH Case No. 10-9371

v.

   

CHRISTINA VIERING

 

FCHR Order No. 12-030

Respondent

   

FINAL ORDER AWARDING AFFIRMATIVE RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order on Remand, dated March 21, 2012, issued in the above-styled matter by Administrative Law Judge R. Bruce McKibben.

Findings of Fact and Conclusions of Law

We adopt the findings of fact and conclusions of law as set out in the Recommended Order on Remand only to the extent they are not inconsistent with the exceptions to the Recommended Order on Remand filed by Petitioner. (See our adoption of Petitionerís exceptions and their incorporation by reference into this Order, below.)

Exceptions

Petitioner filed exceptions to the Administrative Law Judgeís Recommended Order in a document entitled ďPetitionerís Exceptions to Proposed Recommended Order.Ē The document was filed with the Division of Administrative Hearings on April 5, 2012.

While the exceptions document was filed with the Division of Administrative Hearings instead of the Commission, the document was timely filed, and the Commission will consider the document even though it was filed in the wrong forum. Accord, generally, St. Louis v. Florida Physician Medical Group, FCHR Order No. 11-078 (October 6, 2011), Garcia v. Heart of Florida Medical Center, FCHR Order No. 10-061 (August 10, 2010) and Lane v. Terry Laboratories, Inc., FCHR Order No. 08-022 (April 14, 2008), and cases cited therein.

We accept and adopt Petitionerís exceptions in their entirety and incorporate them by reference into this Final Order Awarding Affirmative Relief from a Discriminatory Housing Practice.

FCHR Order No. 12-030

Page 2

Affirmative Relief

Through our adoption of Petitionerís exceptions to the Recommended Order on Remand we have established the affirmative relief to remedy the discrimination found to have occurred by FCHR Order No. 11-067.

Respondent is hereby ORDERED:

(1) to cease and desist from engaging in the prohibited practice by which it has been found to have unlawfully discriminated against Petitioner (Section 760.35(3)(b), Florida Statutes (2011)); and

(2) to pay Petitioner $6,697.90 as quantifiable damages resulting from the unlawful discrimination that occurred.

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 12th day of June , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Billy Whitefox Stall, Panel Chairperson;

Commissioner Gayle Cannon (dissenting to the $5,720.00

award for therapy sessions); and

Commissioner Lizzette Romano

Filed this 12th day of June , 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. 12-030

Page 3

Copies furnished to:

Florida Commission on Human Relations

on Behalf of Bahiyyih Watson

c/o Sarah Juliet Purdy Stewart, Esq.

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

Christina Viering

c/o Michael Edward Long, Esq.

BrewerLong, PLLC

237 Lookout Place, Suite 100

Maitland, FL 32751

R. Bruce McKibben, Administrative Law Judge, DOAH

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 12th day of June , 2012.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations