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FCHR 101 | PHASE B-1: APPEALING THE FCHR FINAL ORDER

Alternatively – yet additionally1 – you can appeal the Final Order that the FCHR issues to you.

B-1.0 | Intro

Good News: Your Final Order will [probably] alert you to this possibility.

Better News: TBD has copied, re-formatted, and published [almost] all publicly available FOs on this website (linked here).

Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the FOs
• learn more about book points here

✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Ads
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✓ No Signups


Best News: In this walkthrough, TBD will expound on this State Appeal.

B-1.1 | The Rules & Regulations that Govern your State Appeal

Rule 9.030(b) Fla. R. App. P. states that you can appeal the Final Order in one of Florida’s District Courts of Appeal:
“(1) Appeal Jurisdiction. District courts of appeal shall review, by appeal:
...
(C) administrative action if provided by general law.”
Rule 9.110(b) Fla. R. App. P. states how you can appeal your FCHR Final Order:
“(c) Exception; Administrative Action. In an appeal to review final orders of lower administrative tribunals, the appellant shall file the notice with the clerk of the lower administrative tribunal within 30 days of rendition of the order to be reviewed, and shall also file a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the court.”
Regulation 60Y-2.005 FAC reinforces the fact that you can initiate your appeal by emailing the FCHR Clerk:
“(5) All complaints, petitions for relief, and appeals from final Commission action may be mailed, sent by facsimile to (850) 488-5291, or e-mailed to fchrinfo@fchr.myflorida.com.”
Notably, 60Y-4.030 FAC invokes the statute that governs your appeal:
“Appeals from final Commission action shall be in accordance with Section 120.68, F.S., and the Florida Rules of Appellate Procedure.”

B-1.2 | The Laws that Govern your State Appeal

As mentioned in your Final Order (as well as in 60Y-4.030 FAC), your appeal is covered by §120.68 FS:
“(1)(a) A party who is adversely affected by final agency action is entitled to judicial review...

(2)(a) Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing a notice of appeal or petition for review in accordance with the Florida Rules of Appellate Procedure within 30 days after the rendition of the order being appealed.”
This statute mentions the Notice of Appeal; which is the customary document that people file in order to initiate their appeals.

B-1.3 | Notice of Appeal

TBD has put together this how-to guide for filing a Notice of Appeal:
How to Initiate an Appeal
The templates (and samples) contained therein are tailored towards appealing FCHR Final Orders.

B-1.4 | Appellate Briefs

At the appellate court, you will have to file at least one brief (the initial/principal brief). TBD has put together this how-to guide for doing so:
How to Write an Initial Brief
If your civil opponent responds to your initial brief (with an “Answer Brief”) then you’ll have the option of filing a “Reply Brief”. TBD has a how-to guide for accomplishing that as well:
How to Write a Reply Brief

B-1.5 | TBD’s Recommendations

Meet your Filing Deadline!
• You must file your Notice of Appeal within 30 days of the date listed on your Final Order (see §120.68(2)(a) FS)
o You must email it to the FCHR Clerk
Clerk@FCHR.MyFlorida.com; and/or
FCHRInfo@FCHR.MyFlorida.com
Know Your Constitutional Rights:
• Remember that the 7th Amendment (US Constitution) guarantees you the opportunity to have a trial-by-jury

• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)

• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
Know the Seminal Case (ie, McDonnell-Douglas v Green):
• Understand how it is used for adjudicating cases of employment discrimination
Info: The McDonnell-Douglas Framework
• Read the pertinent appellate court opinions here
Also, begin reading the following provisions::
Fla. R. App. P.
1DCA’s Internal Operating Procedures
They will help you see the path that’s ahead of you.

B-1.4 | TBD’s Commentary

Congratulations! You’ve pretty much shed the FCHR’s tentacles off of you.2

Now, with its spineless slime at your feet, get ready to sprint into the next phase (ie, Phase B-2: State Case)...
TextBookDiscrimination.com® | © 2024. All Rights Reserved.
Footnotes
1 this terminology was used (“alternatively – yet additionally”) to indicate that these two final paths (ie, A-1: SWR vs B-1: State Appeal) are not mutually exclusive. In other words, you can file an SWR and a State Appeal; and, notably, you can do so at the same time (for the same case). Please take note, however, that it might not be advisable to do both.

2 At this staage, the only way the FCHR can still retain jurisdiction over your case is if:
(a) your appellate court orders the FCHR to retain jurisdiction (ie, conduct more proceedings)
Congratulations! You're now booked up on Phase B-1 (The Appeal) regarding the way the legal process operates within the State of Florida!

Keep this in mind while you litigate your civil rights case in the sunshine state. Also, keep in mind the FCHR's statutory ability to accept bribes.

Plus - at all times - keep the 7th Amendment of the US Constitution (your right to a trial-by-jury) in mind.

As always, please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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