48 FAR 179 | 9/14/2022 | FCHR ONLY

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003721_20220914.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.003
TITLE	General Description of the Commission

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03 FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

The proposed rules clarify the general description of the Florida Commission on Human Relations.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.003 General Description of the Commission.

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

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

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

(4) A Commissioner is eligible for reappointment.

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

(6) The Chairperson of the Commission serves for a term of 2 years and has the following duties:

(a) Call Commission meetings and set the agenda for same;

(b) Preside at Commission meetings;

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

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

(e) Perform such other functions as the Commission may assign by rule or order.

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

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

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

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

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

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

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

FLRules.org ©
9/14/2022

Rulemaking Authority	Law Implemented	History
760.06(12) FS.	760.03 FS.	New 11-2-78, Formerly 22T-6.03, 22T-6.003, Amended 12-31-03, 1-8-15, xx-xx-xx.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003721_20220914.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-3.001
TITLE	Definitions

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03 FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule seeks to amend the definition of "complaint" within the Florida Commission on Human Relations to emphasize the importance of the signature and verification requirement to proceed with investigations.

Subject Area to be Addressed

The proposed rules seek to clarify and emphasize the importance of the Florida Commission on Human Relations' signature and verification requirement to proceed with investigations.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-3.001 Definitions.

As used in the rules of the Commission:

(1) “Act” means the Florida Civil Rights Act of 1992, as amended; Chapter 760, F.S.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(24) “Respondent” means:

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

(b) In the case of a petition, the person against whom relief is requested.

(25) “Registered Mail” includes certified mail with return receipt requested.

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

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

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

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

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

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

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003721_20220914.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.06(12) FS and (14)
LAW IMPLEMENTED	760.06, 760.10, 760.11(1) FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

Discrimination investigations by the Florida Commission on Human Relations.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-5.001 Complaints.

(1) Who May File. A complaint may be filed by any person aggrieved by an unlawful employment practice. A complaint may also be filed by the Attorney General, a Commissioner, or the Commission. When a complaint is filed by a Commissioner, that Commissioner is the complainant, and shall not participate as a Commissioner in any subsequent proceeding upon that complaint.

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

(4) Relation Back of Certain Complaints. A complaint which would not otherwise be timely may be filed if it:

(a) States that another complaint naming the same respondent is properly before the Commission and identifies that other complaint, and

(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.

(5) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.

(6) Contents.

(a) The complaint should contain the following information:

1. The name, address and telephone number of the person filing the complaint;

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) Notwithstanding the provision of paragraph (a) of this subsection, a complaint is sufficient if it is in writing, signed by the Complainant, verified, and is sufficiently precise to identify the parties and to describe generally the action or practice complained of.

(7) Amendments.

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

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

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2), the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(8) Withdrawal. A complaint may be withdrawn by a complainant at any time; however, following the issuance of a Notice of Determination, withdrawal may be made only with the consent of the Executive Director.

(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.

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14) FS.	760.06, 760.10, 760.11(1) FS.	New 11-2-78, Amended 10-4-82, Formerly 22T-9.01, 22T-9.001, Amended 1-28-99, 2-23-00, 2-5-04, xx-xx-xx.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003721_20220914.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03 FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

Housing discrimination investigations by the Florida Commission on Human Relations.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-7.001 Complaints.

(1) through (5) No change.

(6) Amendments.

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

(b) through (c) No change.

(7) through (9) No change.

Rulemaking Authority	Law Implemented	History
760.31(5) FS.	760.34 FS.	New 1-25-90, Amended 11-20-91, Formerly 22T-21.001, Amended 9-17-98, 12-31-03, Amended 10-6-13, xx-xx-xx.

Congratulations! You're now booked up on every pertinent notification from the 9/14/2022 Issue of the Florida Administrative Register (48 FAR 179)!

It might abreast you of certain affairs which could help you recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).

Also, please beware that the FCHR (ie, the exclusive author of these pertinent notices) has corrupted itself. Thereby doing so in the following ways (among others):

FCHR Bribery

FCHR Corruption

FCHR Obstruction

FCHR Self-Discrimination

Nevertheless, please stay vigilant; and – as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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48 FAR 179 | 9/14/2022 | FCHR ONLY

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.003 General Description of the Commission.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-3.001 Definitions.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-5.001 Complaints.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-7.001 Complaints.

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48 FAR 179 | 9/14/2022 | FCHR ONLY

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.003 General Description of the Commission.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-3.001 Definitions.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-5.001 Complaints.

48 FAR 179 | 9/14/2022 | NOTICE OF NEGOTIATED RULEMAKING

Purpose

Subject Area to be Addressed

Notification

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-7.001 Complaints.

Buy™

Sell™

Shop™ Now

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add a comment

thank you, come again!TBD 1.037

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