10.0 | Intro
Better News: TBD has copied, re-formatted, and published [almost] all publicly available FOs on this website (linked here).
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the FOs
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on the FCHR Final Order.
10.1 | The Laws that Govern FCHR Final Orders
“(7) “Final order” means a written final decision which results from a proceeding under s. 120.56, s. 120.565, s. 120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a rule, and which is not excepted from the definition of a rule, and which has been filed with the [FCHR] clerk, and includes final agency actions which are affirmative, negative, injunctive, or declaratory in form. A final order includes all materials explicitly adopted in it. The clerk shall indicate the date of filing on the order.”§120.569(2)(l) FS states that the FCHR must render its FO within 90 days of receiving the DOAH RO (paraphrasing added):
“(l) Unless the time period is waived or extended with the consent of all parties, the final order in a proceeding which affects substantial interests must be in writing and include findings of fact, if any, and conclusions of law separately stated, and it must be rendered within 90 days:§120.57(1)(f) FS delineates what constitutes the “entire record”:
... 2. After a recommended order is submitted to the [FCHR] and mailed to all parties, if the hearing is conducted by an administrative law judge;...”
“(f) The record in a case governed by this subsection shall consist only of:§120.57(1)(l) FS outlines the FO’s purpose (paraphrasing added):
1. All notices, pleadings, motions, and intermediate rulings.
2. Evidence admitted.
3. Those matters officially recognized.
4. Proffers of proof and objections and rulings thereon.
5. Proposed findings and exceptions.
6. Any decision, opinion, order, or report by the presiding officer.
7. All staff memoranda or data submitted to the presiding officer during the hearing or prior to its disposition, after notice of the submission to all parties, except communications by advisory staff as permitted under s. 120.66(1), if such communications are public records.
8. All matters placed on the record after an ex parte communication.
9. The official transcript.”
“(l) The [FCHR] may adopt the recommended order as the final order of the [FCHR]. The [FCHR] in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the [FCHR] must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The [FCHR] may not reject or modify the findings of fact unless the [FCHR] first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.”§760.11 FS describes – in more pertinent form – what this Final Order stage entails (paraphrasing added):
“(6)... If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the administrative law judge shall issue an appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered, the [FCHR] shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss. 120.569 and 120.57...Please take note that there are three elements of the RO that the FO can target for rejection/modification. Briefly put, the FO can reject/modify:
(7)... [If] the final order issued by the [FCHR] determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both...
(13) Final orders of the [FCHR] are subject to judicial review pursuant to s. 120.68... Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the [FCHR], except as provided in the Rules of Appellate Procedure.”
2. the RO’s conclusions of law that pertain to §760 FS (ie, the FCHR’s “substantive jurisdiction” – see §120.57(1)(l) FS); and/or
3. the actions [of/from/at DOAH] that did not comport with the “essential requirements of law” (ie, Due Process, Equal Protection, etc.)
10.2 | The Rules & Regulations that Govern your FCHR Final Order
“After the issuance of the hearing officer’s recommended order, if any, and following the filing of exceptions, briefs and presentation of oral argument, if any, the [FCHR] shall consider the record and issue a written decision resolving the issues before it.”60Y-4.028 FAC outlines what material the FCHR will consider when producing its FO (paraphrasing added):
“(1) When a recommended order is before the [FCHR], a party filing an exception or brief may also request oral argument.”28-106.217 FAC instructs you on filing exceptions to your DOAH RO (paraphrasing added):
“(1) Parties may file exceptions to findings of fact and conclusions of law contained in recommended orders with the [FCHR] within 15 days of entry of the recommended order... Exceptions shall identify the disputed portion of the recommended order by page number or paragraph, shall identify the legal basis for the exception, and shall include any appropriate and specific citations to the record...These state regulations highlight three things:
(3) Any party may file responses to another party’s exceptions within 10 days from the date the exceptions were filed with the [FCHR].”
(2) You can request oral argument on the FO; and
(3) The FCHR conducts a public meeting on your FO.
10.3 | Filing Exceptions to the Final Order
When you previously read that RO, you probably took well-trained notes (see Phase 9.3: Reading the Recommended Order). Now, you can put those notes into action by writing your Exceptions.
Simply speaking, you will want to articulate the three elements which the FO targets; namely:
2. the RO’s Conclusions of Law; and/or
3. the DOAH proceeding’s compliance with the Essential Requirements of Law.
10.4 | Requesting Oral Argument on the FCHR Final Order
First, you’ll have to ask the FCHR to allow you to provide oral argument. Doing so via motion. To help you with that process, TBD has created the following how-to guide:
10.5 | The Case Disposition Meeting
Please take note that your FO will be drafted by an FCHR staff attorney (eg, Stanley Gorsica, etc.). This staff attorney – as you might know by now – is neither an appointed official nor an elected official (see 6.5: The Who). Instead, he/she is just someone who wants to get involved in other people’s business (without their consent/approval). Whether this individual is helping (or hurting) you (ie, the unwitting public) is a major point of concern.
Next, please take note that the FCHR will notify you of this meeting ahead of time (typically, via postal mail). Therefore, make sure that the FCHR still has your correct address (and stay vigilant, because the agency has previously sent litigants’ crucial documents to the wrong people – read).
The FCHR will also publish notice of your case disposition meeting in two other places:
2. the FCHR’s website (FCHR.MyFlorida.com)
10.6 | Analysis on Final Order Voting
10.7 | TBD’s Recommendations
‣ Moreover, the two-commissioner panel violated state law (which requires a minimum of 3 commissioners to conduct official state business)
• Beware that the FCHR’s agenda is centered around saving civil rights defendants “millions” of dollars (see Page 8 of the 2019 Annual Report)
• You might still get access to the federal government
o If you have a dual-filed case, then you will be able to [legally] withstand whatever happens in the DOAH proceeding (and thereby enter the federal judiciary).
• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)
• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
• 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.
10.8 | TBD’s Commentary
Hover to Reveal
o Everyone else (ie, the clerks, the investigators, the executive directors, the judges, the staff attorneys, etc) are unelected/un-appointed individuals whom you’ve [probably] never sought.
Of course, your feet will have to travel many more inches [to get you to your destination]. So, get ready to step into the shoes of your predecessors as you learn about the next phase(s) (ie, Phase A-1: Substantial Weight Review and/or Phase B-1: State Appeal)...
