6.0 | Intro
Better News: TBD has copied, re-formatted, and published [almost] all publicly available Determination letters on this website.
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the determinations
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on the FCHR’s determination letter.
6.1 | Cause vs No Cause
• If, on the other hand, the FCHR rules against you then its Determination letter will say “No Cause” (ie, “No Reasonable Cause”).
6.2 | Arbitrary Nature
All of the FCHR’s determination, however, mark the agency’s relinquishment of its subject matter jurisdiction over your case (ie, the FCHR will temporarily/permanently stop processing your COD).
Notwithstanding its arbitrary nature, the determination will play a pivotal role in your lawsuit. Importantly, the agency’s decision (ie, “cause” vs “no cause”) will heavily impact whether you will get a [constitutionally-guaranteed] trial-by-jury.
Although undisclosed in the Determination itself, the determination’s effect will be explained in the accompanying Notice of Determination.
6.3 | Accompanying Notice
Please be mindful, you will have a limited amount of time to act.
6.4 | Filing Window
➫ If the FCHR issues you a “No Cause” Determination then you will [still] have 35 days to request an administrative hearing (see §760.11(7) FS).
6.5 | The Who
The Executive Director (eg, Cheyanne Costilla) is not an elected official. In fact, he/she is not even an appointed official (someone directly hired by an elected official). Instead, the FCHR’s agency head is just a person who was hired by an appointed official (ie, a person-hired by a person hired by an elected official). In laymen’s terms, the Executive Director is just some Joe Schmoe who involves himself/herself in other people’s business (without their consent/input).
Importantly, this unappointed/unelected individual is the person deciding your fate.
Similar to the Executive Director, these commissioners are not elected officials. However – and unlike the FCHR’s director – they are appointed officials (appointed by the state governor – an elected official). Moreover, these appointed officials are the people who are responsible for hiring/monitoring the Executive Director.
Nonetheless, at this stage, none of these commissioners have participated in the FCHR’s Determination.4 A few of them, however, might play a decisive role later on (via the Final Order).
Of course – and unlike the others – the Governor is an elected official. Moreover, this elected official selects the FCHR Commissioners (who – in turn – hire the [acting] executive director). By law, the Governor is entitled to an annual report5 from the FCHR (see §760.06(11) FS).
As you might suspect, this elected official [probably] has not participated in your FCHR determination. Moreover, he/she might never play a decisive role in your case.
6.6 | TBD’s Recommendations
Note: This certificate will help you guard against any [manufactured] issues on timeliness/jurisdiction.
• DOAH’s Uniform Rules of Procedure
• Rule 9.030 Fla. R. App. P.
• Rule 9.110 Fla. R. App. P.
• Rule 9.120 Fla. R. App. P.
• Rule 9.190 Fla. R. App. P.
• Rule 2.514 Fla. R. Jud. Admin.
• Rule 201 Fed. R. Evid.
• DOAH’s Uniform Rules of Procedure
6.7 | TBD’s Commentary
Thus, your growing knowledge will be an asset to you as you navigate through the FCHR legal process. And you can further expand that knowledge by learning about the next phase (ie, Phase 7: The Petition for Relief)...
