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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-058

FCHR Order No. 13-058

Date of Release: 09/12/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

HAROLD CRANE

 
 

Petitioner

FCHR Case No. 2012-02253

 

v.

DOAH Case No. 13-0241

 

LIFEMARK HOSPITAL OF FLORIDA,

INC., d/b/a PALMETTO GENERAL

HOSPITAL

FCHR Order No. 13-058

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated June 18, 2013, issued in the above-styled matter by Administrative Law Judge Errol H. Powell.

Findings of Fact and Conclusions of Law

This case involves allegations of unlawful public accommodations discrimination.

The Administrative Law Judge interpreted the Commission’s order in Mena, infra, to mean “once it has been established that a hospital is an entity licensed by the Agency for Health Care Administration (a fact that is clearly not in dispute in the instant case), there is no dispute of material fact remaining to be determined by the Division of Administrative Hearing.”

We conclude that the record as it exists before the Commission does not indicate that the Commission has jurisdiction of the matter.

Consequently, we conclude the matter should be dismissed. Accord, Mena v. Lifemark Hospitals of Florida, Inc., d/b/a Palmetto General Hospital, FCHR Order No. 12-023 (May 16, 2012), per curiam affirmed 109 So. 3rd 787 (Fla. 1st DCA 2013).

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Order Closing File and Relinquishing Jurisdiction.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

FCHR Order No. 13-058

Page 2

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 September , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michael Keller; and

Commissioner Lizzette Romano

Filed this 12th day of September , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Harold Crane

c/o Matthew W. Dietz, Esq.

Law Offices of Matthew W. Dietz, P.L.

2990 Southwest 35th Avenue

Miami, FL 33133

Lifemark Hospital of Florida, Inc.,

d/b/a Palmetto General Hospital

c/o Martin B. Goldberg, Esq.

Lash and Goldberg, LLP

100 Southeast 2nd Street, Ste. 1200

Miami, FL 33131

FCHR Order No. 13-058

Page 3

Errol H. Powell, 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 12th day of September , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations