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48 FAR 180 | 9/15/2022 | FCHR ONLY


48 FAR 180 | 9/15/2022 | NOTICE OF PROPOSED RULES

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF003722_20220915.pdf
MEETING DATE
MEETING TIME
RULE NO60Y-2.003
TITLEGeneral Description of the Commission
RULEMAKING AUTHORITY760.06(12), F.S.
LAW IMPLEMENTED760.03, F.S.
CONTACTCasey Snipes
EMAILCasey.Snipes@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORCheyanne Costilla, Executive Director
APPROVERFlorida Commission on Human Relations' board
PROPOSAL DATE7/31/2020
PUBLISH DATE9/14/2022

Purpose

The proposed rule amendments seek to clarify and delete obsolete, unnecessary, or redundant rules.

Summary

The proposed rule amendments are in response to amendments to section 760.11(11), Fla. Stat.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-2.003.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-2.003 General Description of the Commission.

(1) The Commission is comprised of 12 members appointed by the Governor, subject to confirmation by the Senate.

(2) Commissioners are appointed to staggered terms of 4 years, except for appointments described in subsection (3).

(3) A Commissioner appointed to fill a vacancy other than by expiration of a term is appointed for the unexpired term of the member whom such appointee is to succeed.

(4) A Commissioner is eligible for reappointment.

(5) In every odd-numbered year, the Commission shall hold an organizational meeting to elect from its membership a Chairperson and a Vice-chairperson. The biennial organizational meeting shall be held as soon as practical after the new Commissioners for that year have been appointed.

(6) The Chairperson of the Commission serves for a term of 2 years and has the following duties:
(a) Call Commission meetings and set the agenda for same;

(b) Preside at Commission meetings;

(c) Appoint one or more Panels of not less than 3 Commissioners to exercise, as provided in Chapters 60Y-4 and 60Y-5, F.A.C., Commission powers under Section 760.06, F.S.;

(d) Appoint and define the role of such committees as are necessary or expedient to advise the Commission or its Executive Director;

(e) Perform such other functions as the Commission may assign by rule or order.
(7) In the event the office of the Chairperson becomes vacant, the Vice-chairperson shall temporarily assume all responsibilities and perform all duties of the Chairperson until such time as an election for filling the office of Chairperson can be held. Such election shall be held within ninety (90) days from the date that the Chairperson’s vacancy occurs. In the event that there is no Vice-chairperson serving at the time of the Chairperson’s vacancy, the Commissioner whose current term has been in effect for the longest period of time shall temporarily serve as Chairperson until elections for filling both the office of Chairperson and Vice-chairperson can be held, as long as such elections are held within ninety (90) days from the date the Chairperson’s vacancy occurs.

(8) The Vice-chairperson serves for a term of 2 years, the term to run concurrently with that of the Chairperson. The Vice-chairperson performs the duties of the Chairperson in the Chairperson’s absence and performs such other duties as the Chairperson may assign.

(9) If a vacancy occurs in the office of the Chairperson, the Vice-chairperson shall temporarily assume all responsibilities and perform all duties of the Chairperson until such time as an election can be held, as detailed in subsection 60Y-2.003(7), F.A.C. If a vacancy occurs in the office of the Vice-chairperson, the Commission will select another member to fill the unexpired term of the Vice-chairperson.

(10) A special meeting of the Commission shall be called by the Chairperson, or by the Executive Director upon the written request of not fewer than 5 Commissioners.

(11) Six Seven members shall constitute a quorum for the conduct of Commission business.

(12) Three appointed members A majority of the members of a Panel shall constitute a quorum for the conduct of business assigned to a Panel.

(13) In the presence of a quorum, Commission or Panel business shall be conducted by majority vote.

48 FAR 180 | 9/15/2022 | NOTICE OF PROPOSED RULES

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF003722_20220915.pdf
MEETING DATE
MEETING TIME
RULE NO60Y-3.001
TITLEDefinitions
RULEMAKING AUTHORITY760.06(12), F.S..
LAW IMPLEMENTED760.03, F.S.
CONTACTCasey Snipes
EMAILCasey.Snipes@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORCheyanne Costilla, Executive Director
APPROVERFlorida Commission on Human Relations' board
PROPOSAL DATE7/29/2021
PUBLISH DATE9/14/2022

Purpose

The proposed rule amendments seek to emphasize the importance of proceeding with a signed, verified complaint before moving forward with a formal investigation.

Summary

The proposed rule amendments underline the importance of initiating the investigative proceedings only upon receipt of signed complaints.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that related to Rule 60Y-3.001.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-3.001 Definitions.

As used in the rules of the Commission:
(1) “Act” means the Florida Civil Rights Act of 1992, as amended; Chapter 760, F.S.

(2) “Chairperson” or “Chair” means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate.

(3) “Clerk” means the person designated by the Executive Director as heading the Office of the Clerk.

(4) “Complaint” means a written statement which alleges the occurrence of an unlawful employment practice, which is signed and verified by the Complainant, and includes an amended complaint.

(5) “Complainant” means a person filing a complaint.

(6) “Commission” means Florida Commission on Human Relations.

(7) “Commissioner” or “member” means a member of the Commission.

(8) “Division of Administrative Hearings” means the Division of Administrative Hearings of the Department of Management Services.

(9) “Document” means data compilations from which information can be obtained and be included, for example: writings, e-mail, drawings, charts, photographs, and phone records.

(10) “Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

(11) “Employment Agency” means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunity to work for an employer, and includes an agent of such a person.

(12) “Executive Director” means the Executive Director of the Commission.

(13) “Disability” means a condition that is an impairment that substantially limits one or more of the major life activities as interpreted by 42 U.S.C. § 12102(2) in the Americans with Disabilities Act of 1990.

(14) “General Counsel” means the General Counsel of the Commission.

(15) “Hearing Officer” or “Administrative Law Judge” means the person assigned to conduct a hearing upon a petition filed with the Commission.

(16) “Intervenor” means any person permitted by the Commission, a Panel, or a hearing officer to intervene in a proceeding upon a petition.

(17) “Marital Status” does not includes the identity of the spouse and the relationship to the aggrieved person, but rather the fact that the aggrieved person is married, single, divorced, separated, widowed, etc.

(18) “Labor Organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

(19) “Panel” means a panel of three or more Commissioners appointed pursuant to subsection 760.03(5), F.S., and paragraph 60Y-2.003(6)(c), F.A.C.

(20) “Party” means any person designated as a party to a proceeding before the Commission, pursuant to rule of the Commission.

(21) “Person” includes an individual, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, any other legal or commercial entity, the state or any governmental entity or agency.

(22) “Petition” means a writing, other than a written motion, filed with the Commission pursuant to rule of the Commission asking that specified action be taken by the Commission or a Panel.

(23) “Petitioner” means the person filing a petition with the Commission pursuant to rule of the Commission.

(24) “Respondent” means:
(a) In the case of a complaint, the employer, employment agency, labor organization, joint labor-management committee, or person designated in the complaint as responsible for the alleged unlawful employment practice; or

(b) In the case of a petition, the person against whom relief is requested.
(25) “Registered Mail” includes certified mail with return receipt requested.

(26) “Unlawful Employment Practice” means any practice so designated by Section 760.10, F.S.

(27) “Verified” means under oath or affirmation or by the signing of the written declaration prescribed by Section 92.525(2), F.S.

(28) “Date of determination” means the date the Determination was signed by the Executive Director or his or her designee.

(29) “Date of filing” means a completed, signed, and verified complaint is received by the Commission prior to 5:00 p.m. (Eastern time) as provided by Rule 28-106.104, F.A.C.

(30) “Electronic filing” pursuant to subsection 60Y 2.005(F), F.A.C., means filing by facsimile or by email at the Commission’s website found at http://fchr.state.fl.us or by email.

(31) “Familial status” means whether or not children under the age of 18 are living with the Complainant, whether the Complainant is pregnant, or whether the Complainant has a pending adoption.

48 FAR 180 | 9/15/2022 | NOTICE OF PROPOSED RULES

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF003722_20220915.pdf
MEETING DATE
MEETING TIME
RULE NO60Y-5.001
TITLEComplaints
RULEMAKING AUTHORITY760.06(12) and 760.11(14), F.S.
LAW IMPLEMENTED760.06, 760.10, 760.11(1), F.S.
CONTACTCasey Snipes
EMAILCasey.Snipes@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORCheyanne Costilla, Executive Director
APPROVERFlorida Commission on Human Relations' board
PROPOSAL DATE7/29/2021
PUBLISH DATE9/14/2022

Purpose

The rule amendments seek to clarify the Florida Commission on Human Relations' amendment process.

Summary

The amendments specify a more streamlined process that will no longer allow an amendment due to a missing signature.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-5.001.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-5.001 Complaints.

(1) through (2) No change.

(3) Place and Date of Filing. A written complaint may be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the signed and verified complaint by the Clerk or other agent of the Commission. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day.

(4) through (6) No change.

(7) Amendments.
(a) A complaint may be reasonably and fairly amended within 60 days after filing and, thereafter, for good cause with the consent of the Executive Director upon discovery of new facts or upon a finding that information previously provided by the respondent was misrepresented.

(b) A complaint may be amended to cure technical defects, or omissions, other than a missing signature or including verification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional unlawful employment practice related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2), the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.
(8) through (10) No change.

48 FAR 180 | 9/15/2022 | NOTICE OF PROPOSED RULES

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF003722_20220915.pdf
MEETING DATE
MEETING TIME
RULE NO60Y-7.001
TITLEComplaints
RULEMAKING AUTHORITY760.06(12), F.S.
LAW IMPLEMENTED760.03, F.S.
CONTACTCasey Snipes
EMAILCasey.Snipes@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORCheyanne Costilla, Executive Director
APPROVERFlorida Commission on Human Relations' board
PROPOSAL DATE7/29/2021
PUBLISH DATE9/14/2022

Purpose

The proposed rule amendment seeks to increase compliance with statutory due date requirements by reducing the amendment period.

Summary

The proposed rule halves the amendment period for initial complaint filing to proceed with the investigative process.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-7.001.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-7.001 Complaints.

(1) through (5) No change.

(6) Amendments.
(a) A complaint may be amended within 3060 days after filing and, thereafter, with the consent of the Executive Director upon discovery of new facts or upon a finding that information previously provided by the respondent was misrepresented.

(b) through (c) No change.
(7) through (9) No change.
Congratulations! You're now booked up on every pertinent notification from the 9/15/2022 Issue of the Florida Administrative Register (48 FAR 180)!

It might abreast you of certain affairs which could help you recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Also, please beware that the FCHR (ie, the exclusive author of these pertinent notices) has corrupted itself. Thereby doing so in the following ways (among others):
Nevertheless, please stay vigilant; and – as always – please get the justice you deserve.

Sincerely,



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