Florida Administrative Codes
Florida Commission on Human Relations
(FCHR)
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-1
General
60Y-1.002 FAC | CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-2
General
60Y-2.001 FAC | GENERAL
60Y-2.002 FAC | THE AGENCY
60Y-2.003 FAC | GENERAL DESCRIPTION OF THE COMMISSION
(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:
(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.
(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) Seven members shall constitute a quorum for the conduct of Commission business.
(12) 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.
60Y-2.004 FAC | GENERAL DESCRIPTION OF ORGANIZATION AND FUNCTIONS OF COMMISSION STAFF
(b) Office of General Counsel;
(c) Office of Employment Investigations;
(d) Office of Community Relations;
(e) Office of Housing Investigations;
(f) Office of Customer Service; and
(g) Office of Management and Information Processing.
(b) Prepare, defend and manage agency budget;
(c) Negotiate and execute contracts and agreements on behalf of the Commission, except as limited by Rule 60Y-5.002, F.A.C.;
(d) Issue subpoenas necessary for investigations pursuant to subsection 760.06(6), F.S.;
(e) Make determinations as provided by Rule 60Y-5.004, F.A.C.;
(f) Dismiss complaints, as provided by Rule 60Y-5.006, F.A.C.;
(g) Promote favorable public and community relations;
(h) Administer the day-to-day business of the Commission;
(i) Perform such other functions as the Commission may assign by rule or order.
(b) Make such legal reports and recommendations, written and oral, as are requested by the Commission, a Commissioner or the Executive Director;
(c) Make recommendations concerning determinations, as provided by Rule 60Y-5.004, F.A.C.;
(d) Prosecute Commission complaints;
(e) Provide voluntary mediation services;
(f) Within the Office of General Counsel shall be the Clerk to the Commission who shall:
2. Maintain all forms and instructions used by the Commission;
3. Maintain all petitions for variances and waivers of agency rules pursuant to Chapter 28-104, F.A.C.;
4. Assemble, certify and transmit records on appeal to appellate courts for review;
5. Respond to requests for information or copies of documents relevant to Commission cases;
6. Bill and collect monies for records on appeal and reproduced documents;
7. Certify and issue orders by the Commission or a Panel of Commissioners; and
8. Prepare and maintain a topical index of Commission or Panel decisions.
(b) Make reports and recommendations as provided by Rule 60Y-5.004, F.A.C.;
(c) Provide fact-finding at the direction of the Executive Director; and
(d) Perform such other functions as the Executive Director may direct.
(6) The Office of Housing Investigations investigates and seeks to conciliate complaints of discriminatory practices in housing.
(7) The Office of Customer Service receives and dockets complaints, provides counseling for potential complainants, frames and perfects complaint allegations, provides Commission record-keeping and responds to requests for information.
(8) The Office of Management and Information Processing provides electronic word and data processing services to the Commission, including strategic planning, budget reports, complaint tracking, performance analysis, statistical reports and complaint investigation correspondence.
60Y-2.005 FAC | GENERAL INFORMATION
Tallahassee, Florida 32399-7020. (2) The office is open from 8:00 a.m. to 5:00 p.m. (Eastern Time) of each working day.
(3) All requests for specific forms, information, or answers to any questions may be directed to the Office of Customer Service at the above address. Telephonic inquires may be made at (850)488-7082, and requests may also be e-mailed to fchrinfo@fchr.myflorida.com..
(4) Applications for employment may be completed and submitted online at https://peoplefirst.myflorida.com. (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. The party who elects to file a document by electronic transmission shall be responsible for any delay, disruption, or interruption of the electronic signals and must accept full risk that the document may not be properly filed with the Commission as a result. The filing date for an electronically transmitted document shall be the date the Commission receives the complete document. 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.
60Y-2.006 FAC | STATUTORY CHAPTER AND RULES
(2) Sections 112.3187-112.31895, inclusive, F.S.
(3) Section 509.092, F.S.
(4) Chapters 60Y-2 through 60Y-11, and 60Y-25, F.A.C.
(5) Chapters 28-101 through 28-106, 28-108, 28-109, F.A.C.
60Y-2.007 FAC | PUBLIC INFORMATION AND INSPECTION AND COPYING OF DOCUMENTS
(2) All complaints filed pursuant to Rule 60Y-5.001, F.A.C., and all related records and documents in the custody of the Commission which relate to and identify a person shall be confidential, unless the record or document is made part of the record of any hearing or court proceeding. Access to confidential records and documents, by the parties to a complaint or proceeding, is provided in subsections 60Y-5.003(9) and 60Y-5.004(6), F.A.C.
(3) Copies of public records maintained by the Commission are available on the following basis:
(b) Transcripts of Commission proceedings may be obtained by independent contract of a court reporter at the ordering party’s expense;
(c) Payment must be made in advance by check or money order made payable to the Florida Commission on Human Relations; state agencies may pay by Journal Transfer; and,
(d) The Commission’s final orders are available for viewing on the Commission’s website, http://fchr.state.fl.us, and the website of the Division of Administrative Hearings, www.doah.state.fl.us.
60Y-2.008 FAC | PUBLIC ACCESS TO COMMISSION PROCEEDINGS
60Y-2.009 FAC | LIST OF FORMS AND INSTRUCTIONS
| FORM NUMBER TITLE OR DESCRIPTION | |
| FCHR Form 1 | Technical Assistance Questionnaire for discrimination complaints |
| FCHR Form 2 | Complaint of Employment Discrimination |
| FCHR Form 3 | Complaint of Public Accommodation Discrimination |
| FCHR Form 4 | Complaint of Housing Discrimination |
| FCHR Form 5 | Complaint of Whistle-blower’s Act Retaliation Discrimination |
| FCHR Form 6 | Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice or a Public Accommodations Discriminatory Practice |
| FCHR Form 7A | Election of Rights for Employment and Public Accommodations Discrimination Complaints |
| FCHR Form 7B | Election of Rights for Housing Discrimination Complaints |
| FCHR Form 8 | Registration of Housing for Older Persons |
60Y-2.010 FAC | NOTICES; CONTENTS; POSTING
60Y-2.011 FAC | PETITIONS FOR VARIANCES OR WAIVERS FROM RULES
60Y-2.012 FAC | COMMISSION ORDERS; NUMBERING; INDEXING; AND MAINTENANCE
(2) The orders shall be sequentially numbered and rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with the number 001 each new calendar year. The assigned agency designation prefix, FCHR, shall precede the two-part number.
(3) The agency clerk shall index orders which shall be cumulative, updated and made accessible to the public at least each calendar year.
(4) Orders that comprise official agency action and that must be indexed pursuant to this rule shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State.
(5) These rules regarding the indexing, management and availability of orders are issued pursuant to Section 120.533, F.S., and Chapter 1S-6, F.A.C., and have been approved by the Department of State pursuant to Section 120.53(3)(c), F.S. The purpose of this Rule is to provide public access to, and availability of, Commission Orders. The agency clerk shall assist the public in obtaining information pertaining to Commission Orders. The agency maintains and stores such orders and subject matter index in the main offices of the agency located in Tallahassee, Florida at the address set forth in Rule 60Y-2.005, F.A.C.
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-3
General
60Y-3.001 FAC | DEFINITIONS
(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, 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:
(b) In the case of a petition, the person against whom relief is 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 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(5), F.A.C., means filing by facsimile or at the Commission’s website found at http://fchr.state.fl.us.
(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.
60Y-3.002 FAC | SINGULAR TO INCLUDE PLURAL
60Y-3.003 FAC | CONSTRUCTION OF RULES
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-4
General
60Y-4.001 FAC | APPLICABILITY
(2) This chapter shall not apply to
Agreements for Referral of Complaints (Rule 60Y-5.002, F.A.C.);
Investigation of Complaints (Rule 60Y-5.003, F.A.C.);
Conciliation (Rule 60Y-5.005, F.A.C.);
Administrative Dismissal (Rule 60Y-5.006, F.A.C.).
60Y-4.002 FAC | EX PARTE COMMUNICATIONS
60Y-4.015 FAC | FRIEND OF THE COMMISSION
60Y-4.016 FAC | ASSIGNMENT OF HEARINGS
(2) A hearing upon a petition not described in subsection (1), shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.
(3) A hearing upon a petition not described in subsection (1) or (2), shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.
60Y-4.023 FAC | WITNESS FEES
(2) Witness fees for Commission employees shall be paid in accordance with Section 92.142(2), F.S.
60Y-4.028 FAC | ORAL ARGUMENT
(2) A request for oral argument shall be by motion, filed simultaneously with the moving party’s exception or brief.
(3) If oral argument is permitted, each party will be allowed 15 minutes. The Commission may require, limit, expand or dispense with oral argument.
60Y-4.029 FAC | DETERMINATION BY COMMISSION
60Y-4.030 FAC | APPEALS
60Y-4.031 FAC | NOTICE OF APPEALS
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-5
Employment Discrimination
60Y-5.001 FAC | COMPLAINTS
(2) Time for Filing. A complaint may be filed at any time within 365 days of the occurrence of the alleged unlawful employment practice. If the alleged unlawful employment practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the unlawful employment practice up to and including the date on which it shall have ceased.
(3) Place and Date of Filing. A complaint may be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the 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) Relation Back of Certain Complaints. A complaint which would not otherwise be timely may be filed if it:
(b) Alleges the same or additional facts which describe an unlawful employment practice related to or growing out of the subject matter of the other, identified complaint, and
(c) Would have been timely if filed at the time of, or other time subsequent to, the filing of the other, identified complaint. A complaint under this subsection may be filed by a new complainant and shall relate back to the date the other, identified complaint was first received.
(6) Contents.
2. The name, address and telephone number of the respondent;
3. A clear and concise statement of the facts, including pertinent dates, constituting the unlawful employment practice;
4. If known, the approximate number of employees of a respondent employer;
5. If known, a statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a Federal, State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.
(b) A complaint may be amended to cure technical defects, or omissions, 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
(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.
(9) Notice to Respondent. When it is determined that a complaint is complete and has been timely filed. The Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice shall be served within 5 days of the date of filing. An amendment likewise shall be served upon the respondent.
(10) Maintenance of Records. Once a complaint has been served on a respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined.
60Y-5.0011 FAC | ANSWER
(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.
60Y-5.002 FAC | AGREEMENTS OF REFERRAL OF COMPLAINTS
(2) The Executive Director shall consider the following factors in negotiating agreements of referral:
(b) The agency’s staff resources;
(c) The agency’s performance record;
(d) The agency’s ability to conduct an independent investigation, considering the potential respondents;
(e) The agency’s willingness to adhere to Commission standards of investigation.
(b) The number of complaints to be referred, which may be all complaints within the referral agency’s jurisdiction;
(c) The standards and procedures governing referrals;
(d) The period of time covered by the agreement, which shall not be greater than one year.
(5) If the referral of the complaint does not result in settlement or withdrawal of the complaint, the Executive Director shall assign the complaint, with the report of the referral agency for investigation, determination of reasonable cause or conciliation, as may be appropriate.
60Y-5.003 FAC | INVESTIGATION OF COMPLAINTS
(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:
(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful;
(c) For each act, policy, or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.
(b) Written interrogatories;
(c) Requests for production of documents;
(d) Requests for entry upon land for inspection and other purposes;
(e) Requests for a written statement or affidavit.
(5) Failure to Cooperate – Complainant.
(b) In the event a complainant fails to appear at or fails or refuses to participate in a fact-finding conference scheduled in the complainant’s area of residence or at the place most convenient to all parties as determined by the Office of Employment Investigations, and after being provided at least fourteen days notice of such conference, which notice shall advise complainant of the provisions of this rule, the Executive Director may dismiss the complaint; provided, however, that no complaint may be dismissed pursuant to this rule where within fourteen days of the scheduled conference the complainant has filed with the Commission information establishing good cause for complainant’s nonappearance or nonparticipation. Such information should include sworn statements of those individuals having direct knowledge of pertinent events causing the nonappearance or nonparticipation, as well as any other relevant evidence.
(7) Enforcement of Subpoena. In the event the person to whom the subpoena is directed fails to obey the subpoena, the Executive Director may direct the General Counsel to apply to a circuit court for an order of compliance.
(8) Suspension of Investigation. Upon the request of the complainant or respondent, the Executive Director or his designee may suspend an investigation during the pendency of a grievance proceeding, on the same subject, to which the complainant and respondent are parties. This suspension shall normally be granted for not more than 45 days and only if there is reason to believe that the pending proceeding will fully resolve the matters raised by the complaint.
(9) Access to Files During Investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, respondent or their authorized representative, or to a witness, only when disclosure is deemed necessary for the investigation or for securing appropriate disposition of the complaint.
(10) Negotiated Settlement. During the mediation and/or investigation processes, the Commission shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.
60Y-5.004 FAC | EXECUTIVE DIRECTOR’S INVESTIGATORY DETERMINATION; NOTICE
(2) If the recommendation is based upon lack of jurisdiction over the respondent or subject matter of the complaint or upon untimely filing of the complaint, the Executive Director may dismiss the complaint pursuant to subsection 60Y-5.006(3) or (11), F.A.C., provided that the investigation does not reveal any disputed issues of material fact. The Executive Director shall issue a determination on the foregoing bases of lack of jurisdiction or untimeliness where disputed issues of material fact appear to exist.
(3) After a determination has been made by the Executive Director, the Clerk shall serve a Notice of Determination, with copies of the determination, upon the complainant and the respondent.
(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination. A Petition for Relief form, in blank, shall be provided to the complainant at the time of service of the notice.
(5) A Notice of Determination of No Reasonable Cause, No Jurisdiction or Untimeliness shall advise the complainant of the right to file a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination. A Petition for Relief form, in blank, shall be provided to the complainant at the time of service of the notice.
(6) After service of a Notice of Determination, the parties named in the determination may inspect the records and documents, in the custody of the Commission, which pertain to the determination. The Executive Director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret.
60Y-5.005 FAC | CONCILIATION
(2) The Commission shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the unlawful practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or the person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.
(3) A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its sole discretion may adopt the conciliation agreement as a consent order.
(4) If conciliation has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint.
60Y-5.006 FAC | ADMINISTRATIVE DISMISSAL OF A COMPLAINT
(2) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;
(3) The complaint has not been timely filed with the Commission;
(4) After service of Notice of Determination of Reasonable Cause, No Reasonable Cause, or No Jurisdiction, the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008, F.A.C.;
(5) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission and after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction;
(6) The complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant’s last known address;
(7) An agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;
(8) The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;
(9) The complainant has voluntarily withdrawn the complaint; or
(10) There is no jurisdiction over the respondent or subject matter of the complaint.
60Y-5.008 FAC | PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
(2) For good cause shown, the Chairperson may grant an extension of time to file the Petition for Relief from an Unlawful Employment Practice, provided the motion for extension of time is filed within the 35-day period prescribed by subsection 60Y-5.008(1), F.A.C.
(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this section.
(4) Class Allegations.
(b) If the petition contains class allegations, the administrative law judge, on motion of a party, may include in the recommended order a proposed certification of the class if:
2. There are questions of law or fact common to the class,
3. The claims of the petitioner are typical of the claims of the class, and
4. The petitioner will fairly and adequately protect the interests of the class.
(6) Proceedings After Remand. An order of remand, pursuant to subsection (5), or a subsequent order of the administrative law judge, may direct that notice of pendency of the proceeding be served upon members of the class. Such an order shall specify the manner of service of the notice and the person responsible for service. Any member of the class who does not, within 15 days of service of the notice of pendency or within such other time as the order may provide, file with the Commission an election of non- participation in the class shall be bound by an order of the Commission or Panel made subsequent to the giving of such notice.
(7) Voluntary Dismissal. A Petition for Relief may be dismissed by the Petitioner without order of the administrative law judge, Panel of Commissioners or Commission
(ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S., administrative remedies and constitutes final agency action.
60Y-5.009 FAC | ARBITRATION
(2) Unless otherwise provided in the agreement to submit to arbitration, the Executive Director may dismiss the complaint which is the subject of the agreement upon the filing of the agreement as provided in subsection (1).
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-6
Housing Discrimination
60Y-6.001 FAC | DEFINITIONS
(2) “Accessible route” means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts. A route that complies with the appropriate requirements of ANSI A117.1-1986 or a comparable standard is an “accessible route.”
(3) “Act” means the Fair Housing Act, as amended, Section 760.20-760.37, F.S.
(4) “Aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be injured by a discriminatory housing practice.
(5) “ANSI A117.1-1986” means the 1986 edition of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people. Copies may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
(6) “Attorney General” means the Attorney General of the State of Florida.
(7) “Broker or agent” includes any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions.
(8) “Building” means a structure, facility or portion thereof that contains or serves one or more dwelling units.
(9) “Building entrance on an accessible route” means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1-1986 or a comparable standard complies with the requirements of this subsection.
(10) “Chairperson” or “Chair” means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate.
(11) “Charge” means the statement of facts upon which the Commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
(12) “Clerk” means the person designated by the Executive Director as heading the Office of the Clerk.
(13) “Commission” means the Florida Commission on Human Relations.
(14) “Commissioner” means a member of the Commission.
(15) “Common use areas” means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.
(16) “Complainant” means a person who filed a complaint.
(17) “Complaint” means a written, verified statement which alleges the occurrence of an unlawful housing practice and also includes an amended complaint.
(18) “Conciliation” means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission.
(19) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.
(20) “Controlled substance” means any drug or other substance, or their immediate precursor, defined in Chapter 893, F.S.
(21) “Covered multifamily dwellings” means a building which consists of four or more dwelling units and has an elevator, or the ground floor units of a building which consists of four or more dwelling units and does not have an elevator.
(22) “Discriminatory housing practice” means an act which is unlawful under the terms of the Fair Housing Act, Sections 760.20-.37, F.S.
(23) “Division of Administrative Hearings” means the Division of Administrative Hearings of the Department of Administration.
(24) “Document” includes, but is not limited to, writings, drawings, graphs, charts, photographs, phono-records and other data compilations from which information can be obtained.
(25) “Dwelling” means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or portion thereof.
(26) “Dwelling unit” means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.
(27) “Entrance” means any access point to a building or portion of a building used by residents for the purpose of entering.
(28) “Executive Director” means the Executive Director of the Commission.
(29) “Exterior” means all areas of the premises outside of an individual dwelling unit.
(30) “Fair Housing Act” means the act which is set forth in Chapter 760, F.S., Sections 760.20-.37, F.S.
(31) “Familial Status” is established when an individual who has not attained the age of 18 years is domiciled with a parent or other person having legal custody of such individual, or a designee of a parent or other person having legal custody, with written permission of such parent or other person.
(32) “Family” includes a single individual.
(33) “First occupancy” means a building that has never before been used for any purpose.
(34) “General Counsel” means the General Counsel of the Commission.
(35) “Ground floor” means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.
(36) “Handicap” means a person who has a physical or mental impairment which substantially limits one or more major life activities, or has a record of having or is regarded as having such physical or mental impairment, or a person who has a developmental disability as defined in Section 393.063(6), F.S.
(37) “Has a record of having such impairment” means has a history of, or has been misclassified as having a mental or physical impairment.
(38) “Hearing” means an administrative hearing conducted pursuant to Chapter 120, F.S.
(39) “Hearing Officer” means the person assigned to conduct a hearing upon a petition filed with the Commission.
(40) “Is regarded as having an impairment” means having a physical or mental impairment that does not substantially limit one or more major life activities but is treated as if it does; having a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or having no physical or mental impairments but being treated as having such an impairment.
(41) “Interior” means the spaces, parts, components or elements of an individual dwelling unit.
(42) “Major life activities” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(43) “Modification” means any change to the public or common use areas of a building or any change to a dwelling unit.
(44) “Panel” means a panel of three or more Commissioners convened for the purpose of holding hearings on petitions for relief from discriminatory housing practices.
(45) “Party” means any person designated as a party to a proceeding before the Commission, pursuant to rule of the Commission.
(46) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
(47) “Person in the business of selling or renting dwellings” means any person who within the preceding twelve months has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or within the preceding twelve months has participated as agent, other than in the sale of his personal residence, in providing sales of rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(48) “Petition” means a writing, other than a written motion, filed with the Commission pursuant to rule of the Commission requesting that specified action be taken by the Commission.
(49) “Petitioner” means a person who files a petition with the Commission.
(50) “Physical or mental impairment” includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:
musculoskeletal;
special sense organs;
respiratory,
including speech organs;
cardiovascular;
reproductive;
digestive;
genito-urinary;
hemic and lymphatic;
skin; and
endocrine; or
any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(51) “Premises” means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.
(52) “Public use areas” means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.
(53) “Residential real estate transactions” means any of the following: the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or the making or purchasing of loans or providing other financial assistance secured by residential real estate; or the selling, brokering or appraising of residential real estate property.
(54) “Respondent” means the person designated in the complaint as responsible for the alleged discriminatory housing practice or in the case of a petition, the person against whom relief is sought.
(55) “Site” means a parcel of land bounded by a property line or a designated portion of a public right of way.
(56) “Substantially equivalent” means an administrative subdivision of the State of Florida meeting the requirements of 24 C. F. R. Part 115, Section 115.6, F.S.
(57) “To rent” includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
60Y-6.002 FAC | CONSTRUCTION OF RULES
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-7
Housing Discrimination
60Y-7.001 FAC | COMPLAINTS
(2) Time for Filing. A complaint may be filed at any time within one year of the occurrence of the alleged discriminatory housing practice. If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the discriminatory housing practice up to and including the date on which it shall have ceased.
(3) Place and Date of Filing. A complaint shall be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the 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) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.
(5) Contents.
2. The name, address and telephone number of the respondent;
3. A clear and concise statement of the facts, including pertinent dates, constituting the discriminatory housing practice;
4. If known, a statement disclosing whether proceedings involving the alleged discriminatory housing practice have been commenced before a Federal, State or local agency charged with enforcement of fair housing practice laws and, if so, the date of such commencement and the name of the agency.
(b) A complaint may be amended to cure technical defects, or omissions, including verification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional discriminatory housing practice relating 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) of this section, the new respondent
(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)
2. The notice shall advise the respondent of relevant procedural rights and obligations by referencing, for example, Sections 760.20-760.37, F.S., and Chapters 60Y-6, 60Y-7, 60Y-8, and 60Y-9, F.A.C.
3. The notice shall advise the respondent of the complainant’s right to commence a civil action under Section 760.35, F.S., in court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. If filed in federal court under federal law, the notice will state that the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.
4. The notice shall advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.
2. The Commission shall serve notice upon the complainant advising the complainant of the statutory remedies and choice of forums by referencing Sections 760.34, 760.35 and 760.37, F.S., and by informing the complainant that Section 760.34, F.S., is neither an obstacle nor a prerequisite to commencement of a separate civil action on his own under Section 760.35, F.S.
3. The notice shall advise the complainant of his right to commence a civil action under Section 760.35, F.S., in a court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that, if filing in federal court under federal law, the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge, based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.
4. The notice shall advise the complainant that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.
5. Upon an investigatory determination of reasonable cause, the Commission shall serve notice upon the complainant advising the complainant that at the election of the complainant, the Attorney General shall bring an action in the name of the state on behalf of the complainant to enforce the provisions of Sections 760.20-.37, F.S.
6. The complainant must make his election within 20 days after receipt of the notice. If an election is made for a civil action by the Attorney General, then a civil action shall be commenced and maintained within a reasonable time from the date of the election.
7. In addition, complainant shall be advised that, as an alternative to the Attorney General bringing an action, the Commission will petition for an administrative hearing and seek relief for complainant under Section 120.57, F.S., and prosecute the matter to a final agency order, which may include defending against an appeal by the respondent.
8. At all times, however, Complainant retains the right to seek administrative or judicial relief without governmental assistance.
60Y-7.002 FAC | ANSWER
(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a Notice of Determination.
60Y-7.003 FAC | REFERRAL OF COMPLAINTS
60Y-7.004 FAC | INVESTIGATION OF COMPLAINTS
(b) Investigatory proceedings shall commence before the end of the 30th day after receipt of the complaint.
(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful.
(c) For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.
(b) Written interrogatories;
(c) Requests for production of documents;
(d) Requests for entry upon land for inspection and other purposes;
(e) Requests for a written statement or affidavit.
(5) Subpoena. The Commission and the respondent may compel access to or the production of documents or the appearance of persons under the following conditions:
(b) The respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Commission to the same extent and subject to the same limitations as subpoenas issued by the Commission on its own initiative.
(c) Each subpoena shall state the name and address of the issuer, identify the person subpoenaed, and identify the person to whom and the place, date and time at which it is returnable.
(d) Within 5 days after service of a subpoena upon any person, such person may petition the Executive Director to revoke or modify the subpoena. The Executive Director shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.
(e) In case of refusal to obey a subpoena, the Executive Director or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served or transacts business.
(7) Negotiated Settlement. During the mediation and investigation processes, the Commission shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and the respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.
(8)
(b) If the Commission is unable to complete its investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.
(10) If the investigatory determination is “Cause,” the Executive Director shall issue a “Notice of Determination (Cause)” and serve it upon the complainant and the respondent. The notice shall inform the complainant of the options and mandated times for action outlined in paragraph 60Y-7.001(8)(b), F.A.C. Concurrently, the Commission may also attempt to conciliate the case pursuant to Rule 60Y-7.005, F.A.C.
(11) The Commission will make final administrative disposition of a complaint within 100 days of the date of receipt of the complaint, unless it is impracticable to do so. If the Commission is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.
60Y-7.005 FAC | CONCILIATION
(2) The Commission shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the discriminatory housing practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.
(3) A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its discretion may adopt the conciliation agreement as a consent order.
(4) If a conciliation agreement has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint.
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-8
Housing Discrimination
60Y-8.001 FAC | PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE
(2) For good cause shown, the Chairperson may grant an extension of time to the complainant to file the Petition for Relief, provided the motion for extension of time is filed within the 30-day period.
(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this section.
(4) Final Orders; Relief; Remand. Upon consideration of a recommended order, the Commission or Panel may order that the petition and complaint be dismissed or may determine that a discriminatory housing practice has occurred. In the event the Commission or Panel determines that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice, including quantifiable damages and reasonable attorney’s fees and costs. The order of the Commission or Panel shall be final as to all matters except those which are remanded to the Administrative Law Judge.
(5) Voluntary Dismissal. A Petition for Relief filed by a complainant may be dismissed by the complainant without order of the Administrative Law Judge, Panel of Commissioners or Commission
(ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S., administrative remedies and constitutes final agency action.
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-9
Housing Discrimination
60Y-9.001 FAC | PURPOSE
60Y-9.002 FAC | GENERAL PROVISIONS
(2) The prohibition against discrimination on the basis of familial status makes it unlawful to assign any person to a particular section of a facility, development, community or neighborhood or to a particular floor of a building because of familial status. Accordingly, no approval is given for a “dual purpose housing facility,” i.e., a housing facility where specified units or sections are designated for older persons and other units or sections are open to everyone.
(3) Information relative to the age of an individual may be obtained when necessary for determining a facility’s eligibility as housing for older persons.
(4) During any period that any health care worker is actually providing live-in, long-term or hospice health care to a qualified, older person resident for compensation, the occupancy of a housing unit by the health care worker shall not be considered in determining a facility’s eligibility as housing for older persons.
(5) Temporary occupancy of a housing unit by a person, as a guest of a qualified, older person resident, shall not be considered in determining a facility’s eligibility as housing for older persons.
(6) A housing provider may use any nondiscriminatory method of qualifying for the exemption available to housing for older persons, provided that the method used comports with applicable federal, state and local laws.
60Y-9.003 FAC | HOUSING PROGRAM EXEMPTION
60Y-9.004 FAC | HOUSING EXEMPTION FOR PERSONS 62 YEARS OF AGE OR OLDER
(2) Housing satisfies the requirements of this section even though:
(b) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over.
60Y-9.005 FAC | HOUSING EXEMPTION FOR PERSONS 55 YEARS OF AGE OR OLDER
(2) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit means:
(b) The owner or manager of the housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this subsection:
2. The nature of any advertising designed to attract prospective residents.
3. Age verification procedures.
4. Lease provisions.
5. Written rules and regulations.
6. Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.
(b) There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.
60Y-9.006 FAC | PRECERTIFICATION PROCEDURE
(2) The commission, however, is authorized to issue a declaratory statement regarding the applicability of these rules under given circumstances in accordance with Section 120.565, F.S., and Chapter 28-4, F.A.C.
60Y-9.007 FAC | HOUSING FOR OLDER PERSONS REGISTRATION AND DOCUMENTATION
(2) The registration and documentation letter shall contain in bold letters on the face of the envelope the words “Registration for Housing for Older Persons,” and provide the date of mailing.
(3) The registration and documentation shall be submitted biennially from the date of the original filing.
(4) The information in the commission’s registry is a public record. The information shall also be included on the commission’s main website, http://fchr.state.fl.us.
(5) Failure to comply with the requirements of Section 760.29(4)(e), F.S, shall not disqualify a facility or community that otherwise qualifies for the exemption provided in Section 760.29(4), F.S.
(6) The Commission may impose an administrative fine not to exceed $500 on a facility or community that knowingly submits false information in the documentation required by this rule. Such fine shall be deposited in the commission’s trust fund.
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-10
Public Accommodations Discrimination
60Y-10.001 FAC | PURPOSE
60Y-10.002 FAC | COVERED ENTITITES AND FACILITIES
60Y-10.003 FAC | WHO MAY FILE A COMPLAINT; CONFIDENTIALITY
(2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and identify a particular person, including but not limited to, a complainant, owner, license, operator or employee of a public lodging establishment or public food service establishment shall be confidential and shall not be disclosed by the Commission, except to the parties or in the course of a hearing or proceeding under Section 760.11, F.S. (1992 Supp.). Disclosure is authorized to any other agency of the state or any other unit of government of the state that has jurisdiction of the subject matter of the complaint or that has legal authority to investigate the complaint.
60Y-10.004 FAC | INVESTIGATORY PROCESS
(2) The Commission may likewise provide a copy of the complaint to any other agency of the state, or to an agency of any other unit of government of the state, which has jurisdiction of the subject matter of the complaint or which has legal authority to investigate the complaint.
(3) Within 25 days of the date the complaint was filed, an answer may be filed on behalf of the establishment named for the alleged violation. The absence of an answer, however, shall in no manner delay the investigation of the complaint.
(4) The Executive Director is authorized to refer complaints in accordance with the provisions of Section 760.11(2), F.S. (1992 Supp.).
60Y-10.005 FAC | RELATIONSHIP OF OTHER RULES
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-11
Public Accommodations Discrimination
60Y-11.001 FAC | PURPOSE
60Y-11.002 FAC | COVERED ENTITIES AND EMPLOYEES
60Y-11.003 FAC | WHO MAY FILE A COMPLAINT; CONFIDENTIALITY
(2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and identify a particular person shall be confidential and shall not be disclosed by the Commission, except to the parties or in the course of a hearing or proceeding under Section 112.3187, F.S. Disclosure is authorized to any other agency of the state or any other unit of government of the state that has jurisdiction of the subject matter of the complaint or that has legal authority to investigate the complaint.
60Y-11.004 FAC | INVESTIGATORY PROCESS
(2) Within 15 days of the date the complaint was received, the Commission shall review the information and determine whether temporary reinstatement is appropriate under Section 112.3187(9)(f), F.S. If it so determines, the Commission shall apply for an expedited order from the appropriate agency or circuit court for reinstatement pending issuance of the final order on the complaint.
(3) If the Commission determines that reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken, it may request the agency or circuit court to order a stay of any personnel action for 45 days which, upon request, may be extended for appropriate periods of time. The Commission shall further report its determination together with any findings or recommendations, including corrective action to be taken, to the agency head and may report such to the Governor and Comptroller. If, after 20 days, the agency does not implement the recommended corrective action, the Commission shall terminate the investigation. If the Commission finds, in consultation with the complainant, that the agency has implemented the corrective action, the Commission shall file such finding with the agency head, together with any written comments that the complainant provides, and terminate the investigation.
(4) Within 90 days of the date the complaint was received, the Commission shall provide the agency head and the Complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The Commission shall then proceed to attempt to conciliate the complaint.
(5) If the Commission is unable to conciliate a complaint within 60 days of the issuance of the fact-finding report and its receipt by the parties, or if the Commission finds there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring or is to be taken, the Commission shall terminate the investigation.
60Y-11.005 FAC | RELATIONSHIP OF OTHER RULES
Florida Administrative Codes
Florida Commission on Human Relations
Chapter 60Y-25
Housing Discrimination
60Y-25.001 FAC | PURPOSE
60Y-25.002 FAC | GENERAL PROHIBITION AGAINST DISCRIMINATION BECAUSE OF HANDICAP
60Y-25.003 FAC | REASONABLE MODIFICATION OF EXISTING PREMISES
60Y-25.004 FAC | REASONABLE ACCOMODATION
60Y-25.005 FAC | DESIGN AND CONSTRUCTION REQUIREMENTS
60Y-25.006 FAC | DESIGN GUIDELINES FOR ACCESSIBLE/ADAPTABLE DWELLINGS
60Y-25.007 FAC | SITE IMPRACTICALITY; EXEPTIONS TO SITE IMPRACTICALITY
You might need to reference them during your pursuit of justice.
For instance, you might need to understand certain regulations to 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).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
