Florida Administrative Codes
Florida Commission on Human Relations
General Regulations
60Y-1.002 FAC | CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY
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.
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
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
You might need to reference them during your pursuit of justice.
For instance, you may 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
