DEARRELL WILLIAMS
v.
FLORIDA DEPARTMENT OF CORRECTIONS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A discrimination charge filed on the first business day following a Saturday on which the sixty-day filing period ended is timely under Florida Administrative Code Rule 28-106.103, which extends filing deadlines that fall on weekends to the next business day.
[1] When the last day of a filing period prescribed by administrative rule falls on a Saturday, Sunday, or legal holiday, the period extends to the end of the next business d…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.”
Florida Administrative Code Rule 28-106.103, cited by the court to support the extension of the filing deadline to the next business day
Williams filed a discrimination charge under Florida's Whistleblower's Act on Monday, July 3, 2017, the first weekday after the sixty-day filing perio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Whistleblower Act cases and more on FLexlaw
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-4833 _____________________________
DEARRELL WILLIAMS,
Appellant,
v.
FLORIDA DEPARTMENT OF
CORRECTIONS,
Appellee. _____________________________
On appeal from the Florida Commission on Human Relations. Michelle Wilson, Executive Director.
May 25, 2018
PER CURIAM.
Appellant, Dearrell Williams, appeals a Notice of Dismissal of her charge of discrimination filed under Florida’s Whistleblower’s Act. We agree with Appellant that the Florida Commission on Human Relations erred in dismissing her charge as being untimely when it was filed on Monday, July 3, 2017, the first weekday following the Saturday on which the pertinent sixty-day filing period ended. See Fla. Admin. Code R. 60Y-2.006 (“The mission and duties of the Commission [on Human Relations] are carried out pursuant to statutory authority delineated in Chapter 760, F.S. The following additional statutory chapters and rule chapters directly affect and govern the operations of the Commission: . . . (5) Chapters 28-101 through 28-106, 28-108, 28-109, F.A.C.”); Fla.
2
Admin. Code. R. 28-106.103 (“In computing any period of time allowed by this chapter, by order of a presiding officer, or by any applicable statute, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.” (Emphasis added)). In agreeing with Appellant, we find the reliance Appellee, the Department of Corrections, places upon Florida Administrative Code Rule 60Y-5.001(3) to be misplaced. That rule, which provides in part that any document received by the clerk or other agent of the Commission after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day, does not address a situation where the last day of the pertinent filing period falls on a Saturday, Sunday, or holiday. Accordingly, we REVERSE the Notice of Dismissal and REMAND for further proceedings. LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Marie A. Mattox, Tallahassee, for Appellant.
Kenneth S. Steely, General Counsel, M. Lilja Dandelake, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.