TBD | FCHR Public Notices by Date (2021 Only) - Florida Administrative Register (All-in-One)

47 FAR 8 | 1/13/2021 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003288_20210113.pdf

MEETING DATE	Thursday, January 21, 2021
MEETING TIME	10:00:00

TITLE

Quarterly Meeting

LOCATION

MS TEAMS MEETING:

LINK
https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODdlMTQ4NDAtMWZjYy00MzA4LTg0YzEtZTQ4M2IzMzNiZGI2%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcf74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

CONFERENCE #	987 338 071#
CONFERENCE ID
COMMENTS

Subject

Quarterly meeting to discuss activities of the Commission.

BODY

A copy of the agenda may be obtained by contacting: Casey Snipes at caseysnipes@fchr.myflorida.com or (850)907-6785.

NOTE:

Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com, by 5:00p.m., January 19, 2021.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casey Snipes at caseysnipes@fchr.myflorida.com or (850)907-6785. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). For more information, you may contact: Casey Snipes at caseysnipes@fchr.myflorida.com or (850)907-6785.

47 FAR 20 | 2/1/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003300_20210201.pdf

MEETING DATE	Thursday, February 25, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(888) 585-9008
CONFERENCE ID	772 425 480#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

The purpose of the meeting is for the Commission to vote on the disposition of cases pending before it for decision.

BODY

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 20 | 2/1/2021 | FCHR HIRING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003300_20210201.pdf

MEETING DATE	Thursday, February 11, 2021
MEETING TIME	9:00:00

TITLE

Interview (Frank Penela)

LOCATION

MS Teams Meeting

LINK

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjY5NTMwMjMtMjBiOC00ZjdjLTk1NzMtNzFhYTVkZGFmYjU2%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcff74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

The panel of three Commissioners will interview Francisco Penela for the position of Executive Director.

BODY

Requests to make public comments during the meeting must be submitted. to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., February 9, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)907-6785 or Casey.Snipes@fchr.myflorida.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 20 | 2/1/2021 | FCHR HIRING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003300_20210201.pdf

MEETING DATE	Thursday, February 11, 2021
MEETING TIME	9:00:00

TITLE

Interview (Stephanie Wilson)

LOCATION

MS Teams Meeting

LINK

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzQ5NGUxZWYtMzE0Ni00OGRmLWIyZWItOTMxMDY0YjUwZmNh%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcff74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

The panel of three Commissioners will interview Stephanie Wilson for the position of Executive Director.

BODY

Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., February 9, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)907-6785 or Casey.Snipes@fchr.myflorida.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 20 | 2/1/2021 | FCHR HIRING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003300_20210201.pdf

MEETING DATE	Thursday, February 11, 2021
MEETING TIME	9:00:00

TITLE

Interview (Cheyanne Costilla)

LOCATION

MS Teams Meeting

LINK

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjQ0NTE0YjQtNjNjMi00MmU0LTkxODUtMjJjNzcyNDQ1ZjAx%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcff74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

The panel of three Commissioners will interview Cheyanne Costilla for the position of Executive Director.

BODY

Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., February 9, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)907-6785 or Casey.Snipes@fchr.myflorida.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 21 | 2/2/2021 | FCHR HIRING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003301_20210202.pdf

MEETING DATE	Thursday, February 11, 2021
MEETING TIME	13:30:00

TITLE

Review Interviews

LOCATION

MS Teams Meeting

LINK

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmNjODFkOTUtYzkxMS00ZTI0LWE1YmUtMjg5OGEwYjcxODI2%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcff74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

The panel of three Commissioners will review the information from the candidate interviews.

BODY

NOTE: Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., February 9, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)907-6785 or Casey.Snipes@fchr.myflorida.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 23 | 2/4/2021 | FCHR HIRING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003303_20210204.pdf

MEETING DATE	Thursday, February 25, 2021
MEETING TIME	14:30:00

TITLE

Review Recommendations

LOCATION

MS Teams Meeting

LINK

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFlN2ExM2UtZTA0NC00YzQ2LTliMWItZTY3ZDk0NmU5NDkw%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcff74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

The Board of Commissioners will review and discuss the recommendation of the panel regarding the Executive Director position.

BODY

Note: Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., February 23, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes by email at casey.snipes@fchr.myflorida.com or by phone at (850)907-6785.

47 FAR 47 | 3/10/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003327_20210310.pdf

MEETING DATE	Wednesday, March 31, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(888) 585-9008
CONFERENCE ID	772 425 480#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

The purpose of the meeting is for the Commission to vote on the disposition of cases, and a petition for a declaratory statement, pending before it for decision.

BODY

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 47 | 3/10/2021 | FCHR DECLARATORY STATEMENT

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003327_20210310.pdf

RULE NO	§760.06(4) FS
RULE TITLE	Bribery

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@FCHR.MyFlorida.com
PHONE	(850) 907-6823

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

The purpose of the meeting is for the Commission to vote on the disposition of cases, and a petition for a declaratory statement, pending before it for decision.

BODY

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 49 | 3/12/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003329_20210312.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.004
TITLE	Executive Director’s Investigatory Determination; Notice

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

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 proceedings upon complaints of unlawful employment practice.

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-5.004 Executive Director’s Investigatory Determination; Notice.

(1) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the Office of Employment Investigations shall report the investigation, with recommendation, to the Office of General Counsel. The Office of General Counsel shall review the report and shall make a recommendation to the Executive Director as to whether there is reasonable cause to believe that an unlawful employment practice has occurred.

(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) If a Petition for Relief is not filed with the Commission within 35 days of the date of determination, the Commission will take no further action and will close the matter.

(67) 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.

FLRules.org ©
3/12/2021

Rulemaking Authority	Law Implemented	History
760.06(132) FS.	760.03(7), 760.06, 760.10, 760.11 FS.	New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.04, 22T-9.004, Amended 2-5-04, Amended xx-xx-xx.

47 FAR 49 | 3/12/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003329_20210312.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.006
TITLE	Administrative Dismissal of a Complaint

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

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 proceedings upon complaints of unlawful employment practice.

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-5.006 Administrative Dismissal of a Complaint.

The Executive Director, on behalf of the Commission, shall dismiss a complaint upon one or more of the following grounds:

(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;

(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.;~~

(4)~~(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 and the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008(1)(b), F.A.C. ~~after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction~~;

(5)~~(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;

(6)~~(7)~~ An agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;

(7)~~(8)~~ The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;

(8)~~(9)~~ The complainant has voluntarily withdrawn the complaint; or

(9)~~(10)~~ There is no jurisdiction over the respondent or subject matter of the complaint.

FLRules.org ©
3/12/2021

Rulemaking Authority	Law Implemented	History
760.06(132) FS.	20.05, 760.06, 760.11 FS.	New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, Amended xx-xx-xx.

47 FAR 49 | 3/12/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003329_20210312.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.008
TITLE	Petition for Relief from an Unlawful Employment Practice

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

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 proceedings upon complaints of unlawful employment practice.

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-5.008 Petition for Relief from an Unlawful Employment Practice.

(1) Petition. A complainant may file a Petition for Relief from an Unlawful Employment Practice within 35 days of the Date of Determination of Reasonable Cause, No Reasonable Cause, No Jurisdiction or Untimeliness. In the event that the Commission does not issue a determination within 180 days after the complaint was filed, a complainant may also file a Petition for Relief from an Unlawful Employment Practice within 35 days of the date the Commission certifies mailing the notice required under section 760.11(8)(b), Florida Statutes. A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.

(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.

(a) The petition may include an allegation that the respondent has acted or refused to act on grounds generally applicable to a class, in which case the petition shall also include a description of the class of persons allegedly affected.

(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:

1. The class is so numerous that joinder of all members is impractical,

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.

If the administrative law judge proposes that a class be certified, the administrative law judge may also include in the recommended order proposed findings and conclusions concerning the respondent’s liability to the class. However, the administrative law judge shall not initially consider other class issues unless it is determined that such consideration will not cause undue delay to the completion of the hearing.

(5) 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 an unlawful employment practice has occurred. In the event the Commission or Panel determines that an unlawful employment practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice. If the Commission or Panel finds that the proceeding is properly maintained as a class proceeding, the order of the Commission or Panel may direct a remand to the administrative law judge of any class issue which the Commission or Panel has not determined. The order of the Commission or Panel shall constitute final agency action as to all matters except those which are remanded to the administrative law judge.

(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 (i) by serving, or during hearing by stating on the record, a notice of dismissal at any time before the issuance of a recommended order or (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.

FLRules.org ©
3/12/2021

Rulemaking Authority	Law Implemented	History
760.06(132) FS.	760.06, 760.10 FS.	New 11-2-78, Amended 2-4-82, 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.08, 22T-9.008, Amended 2-5-04, Amended xx-xx-xx.

47 FAR 51 | 3/16/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003331_20210316.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.004
TITLE	Executive Director’s Investigatory Determination; Notice

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11 FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations’ board
PROPOSAL DATE	1/31/2020
PUBLISH DATE	3/12/2021

Purpose

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

Summary

The proposed rule amendments are in response to recent amendments to section 760.11, FS.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-5.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-5.004 Executive Director’s Investigatory Determination; Notice.

(1) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the Office of Employment Investigations shall report the investigation, with recommendation, to the Office of General Counsel. The Office of General Counsel shall review the report and shall make a recommendation to the Executive Director as to whether there is reasonable cause to believe that an unlawful employment practice has occurred.

(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) If a Petition for Relief is not filed with the Commission within 35 days of the date of determination, the Commission will take no further action and will close the matter

(7)~~(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.

FLRules.org ©
3/16/2021

Rulemaking Authority	Law Implemented	History
760.06(12) ~~(13)~~ FS.	760.03(7), 760.06, 760.10, 760.11 FS.	New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.04, 22T-9.004, Amended 2-5-04,________.

47 FAR 51 | 3/16/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003331_20210316.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.006
TITLE	Administrative Dismissal of a Complaint

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations’ board
PROPOSAL DATE	1/31/2020
PUBLISH DATE	3/12/2021

Purpose

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

Summary

The proposed rule amendments are in response to recent amendments to section 760.11, FS.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-5.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-5.006 Administrative Dismissal of a Complaint.

The Executive Director, on behalf of the Commission, shall dismiss a complaint upon one or more of the following grounds:

(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;

(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.;~~

(4)~~(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 the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008(1)(b), F.A.C. after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction;

(5)~~(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;

(6)~~(7)~~ An agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;

(7)~~(8)~~ The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;

(8)~~(9)~~ The complainant has voluntarily withdrawn the complaint; or

(9)~~(10)~~ There is no jurisdiction over the respondent or subject matter of the complaint.

FLRules.org ©
3/16/2021

Rulemaking Authority	Law Implemented	History
760.06(12), (13) FS.	20.05, 760.06, 760.11 FS.	New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, ____________.

47 FAR 51 | 3/16/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003331_20210316.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.008
TITLE	Petition for Relief from an Unlawful Employment Practice

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.03(7), 760.06, 760.10, 760.11, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations’ board
PROPOSAL DATE	1/31/2020
PUBLISH DATE	3/12/2021

Purpose

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

Summary

The proposed rule amendments are in response to recent amendments to section 760.11, FS.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-5.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-5.008 Petition for Relief from an Unlawful Employment Practice.

(1) Petition. A complainant may file a Petition for Relief from an Unlawful Employment Practice within 35 days of the Date of Determination of Reasonable Cause, No Reasonable Cause, No Jurisdiction or Untimeliness. A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.

(a) A complainant may file a Petition for Relief from an Unlawful Employment Practice within 35 days of the Date of Determination of Reasonable Cause, No Reasonable Cause, No Jurisdiction or Untimeliness.

(b) In the event that the Commission does not issue a determination within 180 days after the complaint was filed, a complainant may file a Petition for Relief from an Unlawful Employment Practice wtihin 35 days of the date the Commission certifies mailing the notice required under section 760.11(8)(b), Florida Statutes.

(c) A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.

(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.

(a) The petition may include an allegation that the respondent has acted or refused to act on grounds generally applicable to a class, in which case the petition shall also include a description of the class of persons allegedly affected.

(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:

1. The class is so numerous that joinder of all members is impractical,
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.

If the administrative law judge proposes that a class be certified, the administrative law judge may also include in the recommended order proposed findings and conclusions concerning the respondent’s liability to the class. However, the administrative law judge shall not initially consider other class issues unless it is determined that such consideration will not cause undue delay to the completion of the hearing.

(5) 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 an unlawful employment practice has occurred. In the event the Commission or Panel determines that an unlawful employment practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice. If the Commission or Panel finds that the proceeding is properly maintained as a class proceeding, the order of the Commission or Panel may direct a remand to the administrative law judge of any class issue which the Commission or Panel has not determined. The order of the Commission or Panel shall constitute final agency action as to all matters except those which are remanded to the administrative law judge.

(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 (i) by serving, or during hearing by stating on the record, a notice of dismissal at any time before the issuance of a recommended order or (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.

FLRules.org ©
3/16/2021

Rulemaking Authority	Law Implemented	History
760.06(12) ~~(13)~~ FS.	760.06, 760.10 FS.	New 11-2-78, Amended 2-4-82, 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.08, 22T-9.008, Amended 2-5-04, ________.

47 FAR 52 | 3/17/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003332_20210317.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-9.007
TITLE	Housing for Older Persons Registration and Documentation

RULEMAKING AUTHORITY	760.31(5), FS.
LAW IMPLEMENTED	760.29(4)(e), FS.

CONTACT	Cheyanne Costilla
EMAIL	Cheyanne.Costilla@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations’ board
PROPOSAL DATE	7/31/2020
PUBLISH DATE

Purpose

This rule is to be repealed. There will be no adverse effect on the public.

Summary

Section 760.29, Fla. Stat. was recently amended to remove the need for this rule on housing for older persons registration and documentation.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule repeal is to a procedural rule and will have no economic impact, and therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-9.007, F.A.C.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-9.007 Housing for Older Persons Registration and Documentation.

47 FAR 54 | 3/19/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003334_20210319.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) 907-6785

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 ©
3/19/2021

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.

47 FAR 55 | 3/22/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003335_20210322.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	Cheyanne Costilla
EMAIL	Cheyanne.Costilla@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations’ board
PROPOSAL DATE	7/31/2020
PUBLISH DATE	3/19/2021

Purpose

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

Summary

The proposed rule amendments are in response to recent amendments to section 760.11(11), Fla. Stat.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-2.003.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

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 ©
3/22/2021

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.

47 FAR 59 | 3/26/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003339_20210326.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-11.004
TITLE	Investigatory Process

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	112.3187-.31895. FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

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 rule clarifies proceedings upon complaints of Whistle-blower retaliation.

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-11.004 Investigatory Process.

(1) Within five ~~three (3)~~ working days of a complaint being filed, the Commission shall acknowledge receipt of the complaint and send a copy of the complaint and any other preliminary information available concerning the disclosure of information under Section 112.3187, F.S., to the other parties named in Section 112.31895(1)(a), F.S. The other party shall also acknowledge receipt of such copies to the complainant ~~within 15 days~~.

(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 35 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 180 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 35 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.

47 FAR 60 | 3/29/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003340_20210329.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-11.004
TITLE	Investigatory Process

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	112.3187-.31895. FS.

CONTACT	Cheyanne Costilla
EMAIL	Cheyanne.Costilla@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations' board
PROPOSAL DATE	7/31/2020
PUBLISH DATE	3/26/2021

Purpose

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

Summary

The proposed rule amendments are in response to recent amendments to section 760.11, FS.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rule 60Y-11.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-11.004 Investigatory Process.

(1) Within five ~~three (3)~~ working days of a complaint being filed, the Commission shall acknowledge receipt of the complaint and send a copy of the complaint and any other preliminary information available concerning the disclosure of information under Section 112.3187, F.S., to the other parties named in Section 112.31895(1)(a), F.S. The other party shall also acknowledge receipt of such copies to the complainant ~~within 15 days~~.

(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 35 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 180 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 35 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.

47 FAR 64 | 4/2/2021 | FCHR DECLARATORY STATEMENT

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003344_20210402.pdf

RULE NO	§760.06(4) FS
RULE TITLE	Bribery

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL

CONTACT	Tammy Barton
EMAIL	Tammy.Barton@FCHR.MyFlorida.com
PHONE	(850) 907-6808

Notice

NOTICE IS HEREBY GIVEN that the Florida Commission on Human Relations has declined to rule on the petition for declaratory statement filed by Elias Makere on March 31, 2021.

Topic

The following is a summary of the agency's declination of the petition:

BODY

Petitioner did not meet the requirement of alleging facts that show a bona fide, actual, present and practical need for a declaration. Subsection 760.06(4), Fla. Stat., (2020) does not indicate more than one interpretation of the provision in question.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Florida Commission on Human Relations, c/o Tammy Barton, Clerk of the Commission, 4075 esplanade Way, Suite 110, Tallahassee, FL 32399, (850)907-6788, tammy.barton@fchr.myflorida.com.

47 FAR 67 | 4/7/2021 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003347_20210407.pdf

MEETING DATE	Thursday, April 15, 2021
MEETING TIME	10:00:00

TITLE

Quarterly Meeting

LOCATION

MS TEAMS:

LINK
https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTE3NzQ1ODMtZWMzZS00ZmUyLWJjZGYtYjYyYjljYzE2YmY1%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcf74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

CONFERENCE #	786 549 310#
CONFERENCE ID	786 549 310#
COMMENTS

Subject

Discussion of the quarterly activities of the Commission.

BODY

Note: Requests to make public comments during the meeting must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., April 13, 2021. The allotted time to speak will be 2 minutes. A copy of the agenda may be obtained by contacting: Casey Snipes at casey.snipes@fchr.myflorida.com. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 81 | 4/27/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003361_20210427.pdf

MEETING DATE	Wednesday, May 5, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	907 476 802#
COMMENTS

Notice

The Florida Commission on Human Relations announces a telephone conference call to which all persons are invited.

Topic

The purpose of the meeting is for the Commission to vote on the disposition of cases pending before it for decision.

BODY

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 86 | 5/4/2021 | NOTICE OF RULES FILED

47 FAR 112 | 6/10/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003392_20210610.pdf

MEETING DATE	Wednesday, June 23, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	886 622 302#
COMMENTS

Notice

The Florida Commission on Human Relations announces a telephone conference call to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken. A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 120 | 6/22/2021 | NOTICE OF RULES FILED

47 FAR 132 | 7/9/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003412_20210709.pdf

MEETING DATE	Wednesday, July 21, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	618 794 944#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken. A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 140 | 7/21/2021 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003420_20210721.pdf

MEETING DATE	Thursday, July 29, 2021
MEETING TIME	10:00:00

TITLE

Quarterly Meeting

LOCATION

MS TEAMS:

LINK
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTgzNGY3NmMtZDdiOC00ZDFlLWFjYzEtNTNlMDhiMTM2NGZl%40thread.v2/0?context=%7b%22Tid%22%3a%2272615e7c-9896-4507-b940-b3b3bd01cdc7%22%2c%22Oid%22%3a%22fe5821a5-c21b-48c8-a8c2-93bcf74a11c%22%7d

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

CONFERENCE #	(850) 270-6017
CONFERENCE ID	168 840 038#
COMMENTS

Subject

Meeting to discuss the quarterly activities of the Commission.

BODY

A copy of the agenda may be obtained by contacting: Casey.Snipes@fchr.myflorida.com or call (850)901-4328.

47 FAR 152 | 8/6/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003432_20210806.pdf

MEETING DATE	Thursday, August 19, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	817 229 825#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken.

A copy of the agenda may be obtained by contacting: A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com.

47 FAR 164 | 8/24/2021 | FCHR NOTICE OF RULE WITHDRAWAL

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003444_20210824.pdf

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

Notice

Notice is hereby given that the above rule, as noticed in Vol. 47 No. 55, March 22, 2021 issue of the Florida Administrative Register has been withdrawn.

47 FAR 181 | 9/17/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003461_20210917.pdf

MEETING DATE	Thursday, September 30, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL 32399

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	974 187 701#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken.

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com

47 FAR 202 | 10/18/2021 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000530_19990212.pdf

MEETING DATE	Monday, October 25, 2021
MEETING TIME	9:00 AM EST

TITLE

Quarterly Meeting

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL

LINK

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

CONFERENCE #	(800) 955 8771
CONFERENCE ID
COMMENTS

Subject

The Commissioners will discuss the quarterly activities of the Commission.

BODY

Requests to make public comments regarding the meeting agenda must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m. on October 20, 2021.

A copy of the agenda may be obtained by contacting: Casey Snipes at casey.snipes@fchr.myflorida.com or visiting the FCHR website at https://fchr.myflorida.com/.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

47 FAR 219 | 11/10/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003499_20211110.pdf

MEETING DATE	Thursday, November 18, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL 32399

LINK

CONTACT	John Scotese
EMAIL	John.Scotese@fchr.MyFlorida.com
PHONE	(850) 907-6823

CONFERENCE #	(850) 270-6017
CONFERENCE ID	974 187 701#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken.

A copy of the agenda may be obtained by contacting: John Scotese at (850)907-6823 or John.Scotese@fchr.myflorida.com

47 FAR 221 | 11/15/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003501_20211115.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) 907-6785

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 ©
11/15/2021

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.

47 FAR 221 | 11/15/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003501_20211115.pdf

MEETING DATE
MEETING TIME

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

RULEMAKING AUTHORITY	760.06(12), FS.
LAW IMPLEMENTED	730.03, FS.

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

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 & verification requirement to proceed with investigations.

Subject Area to be Addressed

The proposed rules seek to clarify & emphasize the importance of the signature & 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 ~~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.

FLRules.org ©
11/15/2021

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, xx-xx-xx.

47 FAR 221 | 11/15/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003501_20211115.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.001
TITLE	Complaints

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

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rules seek to amend the complaint amendment period and to emphasize the importance of having complaints be both signed & verified before the Commission proceeds with the next stage of investigations.

Subject Area to be Addressed

The proposed rules clarify and amend the complaint process within 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, ~~including~~ other than a missing signature or 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.

47 FAR 233 | 11/17/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003503_20211117.pdf

MEETING DATE
MEETING TIME

TITLE

Other Agency

LOCATION

555 E. Church St
Bartow, FL

LINK

CONTACT	Patricia M. Steed, Executive Director
EMAIL
PHONE

Subject

Public Hearing Notice

BODY

All interested parties within DeSoto, Hardee, Highlands, Okeechobee, Hendry and Glades Counties are hereby advised that the Central Florida Regional Planning Council is applying to the Florida Department of Transportation for capital grants under Section 5310 and Section 5339 and Section 5311 of the Federal Transit Act of 1991, as amended for the purchase of accessible mini-vans (5310), accessible mini-vans (5339), and funds to administer the Mobility Management program for the Heartland area (5311).

Vehicles will be used to provide public transit services within the rural and urbanized area of DeSoto, Hardee, Highlands, and Okeechobee Counties. This notice is to provide an opportunity for a Public Hearing for this project. This public notice is to ensure that this project and the contemplated services will not duplicate current or proposed services provided by existing transit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by December 6, 2021. Requests for a hearing must be addressed to Patricia M. Steed, Executive Director, Central Florida Regional Planning Council, 555 E. Church Street, Bartow, FL 33830 and a copy sent to Michelle Peronto, Transit Projects Administrator, FDOT District One, P.O. Box 1249, Bartow, FL 33830.

Florida Law and Title VI of the Civil Rights Act of 1964 Prohibits Discrimination in Public accommodation on the basis of race, color, sex, religion, national origin, age, disability, income or of marital status. Persons believing they have been discriminated against on these conditions may file a complaint with the Florida Commission on Human Relations at (850)488-7082 or 1(800)342-8170 (voice messaging).

47 FAR 231 | 12/1/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003511_20211201.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.31(5)
LAW IMPLEMENTED	120.53; 760.34

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amends the time period in which a Complainant can amend their complaint to aid in the Commission meeting statutory required timelines for completing investigations.

Subject Area to be Addressed

The proposed rule seeks to reduce the time period to amend complaints as to increase agency compliance with statutory timelines, and removes an unnecessary "the" from the language of the "answer."

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) Who may file. A complaint may be filed by any person who claims to have been injured by a discriminatory housing practice or any person who believes that he will be injured by a discriminatory housing practice that is about to occur.

(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.

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

(6) Amendments.

(a) A complaint may be amended within 60 30 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) 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

(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.

(7) 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.

(8)

(a)

1. 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 should be served within 10 days of the date of filing. An amendment likewise shall be served upon the respondent.

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.

(b) Notice to Complainant.

1. The Commission shall serve notice upon the complainant acknowledging the filing of the complaint, advising the complainant of the time limits set forth in Rule 60Y-7.004, F.A.C.

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 may 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 may be commenced and maintained within a reasonable time from the date of the election. If the Attorney General, in its discretion, determines that it will not initiate a civil action on behalf of the aggrieved person, the Commission shall institute a civil action in an appropriate court.

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.

(9) Maintenance of Records. Once a complaint has been served on the 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
760.31(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.

47 FAR 231 | 12/1/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003511_20211201.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.002
TITLE	Answer

RULEMAKING AUTHORITY	760.31(5)
LAW IMPLEMENTED	120.53; 760.34

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amends the time period in which a Complainant can amend their complaint to aid in the Commission meeting statutory required timelines for completing investigations.

Subject Area to be Addressed

The proposed rule seeks to reduce the time period to amend complaints as to increase agency compliance with statutory timelines, and removes an unnecessary "the" from the language of the "answer."

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-7.002 Answer.

(1) Respondent may file an answer to the complaint within 20 days of the date of notice of ~~the~~ filing. The answer shall be verified.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a Notice of Determination.

47 FAR 231 | 12/1/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003511_20211201.pdf

MEETING DATE
MEETING TIME

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

RULEMAKING AUTHORITY	760.06(12)
LAW IMPLEMENTED	760.03

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

ORIGINATOR	Cheyanne Costilla
APPROVER	Florida Commission on Human Relations Board
PROPOSAL DATE	7/31/2020
PUBLISH DATE	11/15/2021

Purpose

The proposed rule amendments seek to clarify and delete obsolete, unnecessary,

Summary

The proposed rule amendments are in response to recent amendments to section 760.11(11) Florida Statutes.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

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.

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.

47 FAR 232 | 12/2/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003512_20211202.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-3.001
TITLE	Definitions

RULEMAKING AUTHORITY	760.06(12)
LAW IMPLEMENTED	760.03

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

ORIGINATOR	Cheyanne Costilla
APPROVER	Florida Commission on Human Relations Board
PROPOSAL DATE	7/29/2021
PUBLISH DATE	11/15/2021

Purpose

The proposed rule amendments seek to emphasize the importance of proceeding with a signed, verified complaint before moving forward with a formal investigation.

Summary

The proposed rule amendments underline the importance of the proceeding only upon receipt of signed complaints, as emphasized by the legislature in its most recent full session and by Commissioners in recent Board meetings.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

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(5),~~ F.A.C., means filing by facsimile or ~~at the Commission’s website found at http://fchr.state.fl.us~~ 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.

Rulemaking Authority	Law Implemented	History
760.06(12) FS.	92.525, 760.02, 760.03, 760.04, 760.05, 760.06, 760.10, 760.11 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-7.01, 22T-7.001, Amended 9-1-93, 4-17-01, 12-31-03, xx-xx-xx.

47 FAR 236 | 12/8/2021 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003516_20211208.pdf

MEETING DATE	Thursday, December 16, 2021
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

4075 Esplanade Way, Room 110
Tallahassee, FL 32399

CONTACT	Sarah Stewart
EMAIL	Sarah.Stewart@fchr.MyFlorida.com
PHONE	(850) 907-6789

CONFERENCE #	(850) 270-6017
CONFERENCE ID	583 259 215#
COMMENTS

Notice

The Florida Commission on Human Relations announces a public meeting to which all persons are invited.

Topic

Disposition of cases before the Florida Commission on Human Relations.

BODY

No public testimony will be taken. No oral argument from the public or oral comment from the public will be taken.

A copy of the agenda may be obtained by contacting: Sarah Stewart at (850)907-6789 or Sarah.Stewart@fchr.MyFlorida.com.

47 FAR 236 | 12/8/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003516_20211208.pdf

MEETING DATE	Thursday, December 30, 2021
MEETING TIME	10:00:00

TITLE

Workshop – FCHR Governance Policy

LOCATION

LINK

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

A panel of four Commissioners will meet to discuss/review the FCHR's Governance Policy

BODY

Requests to make public comments during the meeting pertaining to the agenda, must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., December 23, 2021. The allotted time to speak will be 2 minutes.

A copy of the agenda may be obtained by contacting: Casey Snipes at casey.snipes@fchr.myflorida.com.

47 FAR 244 | 12/20/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003524_20211220.pdf

MEETING DATE	Wednesday, December 29, 2021
MEETING TIME	17:00:00

TITLE

Other Agency

LOCATION

455 N Garland Ave.
Orlando, FL 32801

LINK

CONTACT	Emily Davis
EMAIL	EDavis@GoLynx.com
PHONE

Subject

The Central Florida Regional Transportation Authority (LYNX) announces a hearing to which all persons are invited.

BODY

Public Notice

All interested parties within Orange, Osceola, and Seminole Counties are hereby advised that the Central Florida Regional Transportation Authority (LYNX) is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of seven (7) paratransit vehicles to be used for the provision of public transit services within rural areas of Orange, Osceola, and Seminole Counties. The vehicles will be wheelchair accessible, will include on-board mobile data terminals, and have an estimated total cost of $706,258.

This notice is to provide an opportunity for a Public Hearing for this project. This public notice is to ensure that this project and the contemplated services will not duplicate current or proposed services provided by existing transit or paratransit operators in the area.

This hearing will be conducted if and only if a written request for the hearing is received by December 29, 2021 by 5:00 p.m. ET.

Requests for a hearing must be addressed to LYNX, 455 N Garland Ave. Orlando, FL 32801, Attention: Prahallad Vijayvargiya, and a copy sent to Florida Department of Transportation – District 5, 420 W Landstreet Rd., Orlando, FL 32824, Attention: Jo Santiago.

Florida Law and Title VI of the Civil Rights Act of 1964 Prohibits Discrimination in Public accommodation on the basis of race, color, sex, religion, sex, national origin, disability, income or of marital status.

Persons believing they have been discriminated against on these conditions may file a complaint with the Florida Commission on Human Relations at (850)488-7082 or 1(800)342-8170 (voice messaging).

A copy of the agenda may be obtained by contacting: Emily Davis - edavis@golynx.com.

47 FAR 244 | 12/20/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003524_20211220.pdf

MEETING DATE	Wednesday, December 29, 2021
MEETING TIME	17:00:00

TITLE

Other Agency

LOCATION

455 N Garland Ave.
Orlando, FL 32801

LINK

CONTACT	Emily Davis
EMAIL	EDavis@GoLynx.com
PHONE

Subject

The Central Florida Regional Transportation Authority (LYNX) announces a hearing to which all persons are invited.

BODY

All interested parties within Orange, Osceola, and Seminole Counties are hereby advised that the Central Florida Regional Transportation Authority (LYNX) is applying to the Florida Department of Transportation for a capital grant under Section 5311 of the Federal Transit Act of 1991, as amended, for the purchase of approximately 25 bus shelters to be used for the provision of public transit services within rural areas of Orange, Osceola, and Seminole Counties. The bus shelters will meet ADA requirements and have an estimated total cost of $1,125,000. This notice is to provide an opportunity for a Public Hearing for this project. This public notice is to ensure that this project and the contemplated services will not duplicate current or proposed services provided by existing transit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by December 29, 2021, 5:00 p.m. ET. Requests for a hearing must be addressed to LYNX, 455 N. Garland Ave. Orlando, FL 32801, Attention: Prahallad Vijayvargiya, and a copy sent to FDOT Orlando Urban Office, 133 S. Semoran Blvd. Orlando, FL 32807, Attention: Jo Santiago.

Florida Law and Title VI of the Civil Rights Act of 1964 Prohibits Discrimination in Public accommodation on the basis of race, color, religion, sex, national origin, handicap, or of marital status. Persons believing, they have been discriminated against on these conditions may file a complaint with the Florida Commission on Human Relations at (850)488-7082 or 1(800)342-8170 (voice messaging).

A copy of the agenda may be obtained by contacting: Emily Davis - edavis@golynx.com.

47 FAR 244 | 12/20/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003524_20211220.pdf

MEETING DATE	Wednesday, December 29, 2021
MEETING TIME	17:00:00

TITLE

Other Agency

LOCATION

455 N Garland Ave.
Orlando, FL 32801

LINK

CONTACT	Emily Davis
EMAIL	EDavis@GoLynx.com
PHONE

Subject

BODY

All interested parties within Orange, Osceola, and Seminole Counties are hereby advised that the Central Florida Regional Transportation Authority (LYNX) is applying to the Florida Department of Transportation for a capital grant under Section 5339 of the Federal Transit Act of 1991, as amended, for the purchase two (2) buses to be used for the provision of public transit services within rural areas of Orange, Osceola, and Seminole Counties. The vehicles will be wheelchair accessible, will include on-board mobile data terminals and fareboxes, and have an estimated total cost of $1,210,000. This notice is to provide an opportunity for a Public Hearing for this project. This public notice is to ensure that this project and the contemplated services will not duplicate current or proposed services provided by existing transit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by December 29, 2021, 5:00 p.m. ET. Requests for a hearing must be addressed to LYNX, 455 N. Garland Ave. Orlando, FL 32801, Attention: Prahallad Vijayvargiya, and a copy sent to FDOT Orlando Urban Office, 133 S. Semoran Blvd. Orlando, FL 32807, Attention: Jo Santiago.

Florida Law and Title VI of the Civil Rights Act of 1964 Prohibits Discrimination in Public accommodation on the basis of race, color, religion, sex, national origin, handicap, or of marital status. Persons believing, they have been discriminated against on these conditions may file a complaint with the Florida Commission on Human Relations at (850)488-7082 or 1(800)342-8170 (voice messaging).

A copy of the agenda may be obtained by contacting: Emily Davis - edavis@golynx.com.

47 FAR 249 | 12/28/2021 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003529_20211228.pdf

MEETING DATE	Wednesday, January 5, 2022
MEETING TIME	13:00:00

TITLE

Workshop – FCHR Governance Policy

LOCATION

LINK

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 907-6785

Subject

A panel of four Commissioners will meet to discuss/review the FCHR's Governance Policy

BODY

Requests to make public comments during the meeting pertaining to the agenda, must be submitted to Casey Snipes at casey.snipes@fchr.myflorida.com by 5:00 p.m., January 2, 2022. The allotted time to speak will be 2 minutes.

A copy of the agenda may be obtained by contacting: Casey Snipes at casey.snipes@fchr.myflorida.com.

47 FAR 251 | 12/30/2021 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003531_20211230.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.06(12)
LAW IMPLEMENTED	760.03

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

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations' board
PROPOSAL DATE	7/31/2020
PUBLISH DATE	12/1/2021

Purpose

The proposed rule amendments seek to increase compliance with statutory due date requirements by reducing an amendment period and to delete an unnecessary word in the answer section.

Summary

The proposed rule halves the amendment period for initial complaint filing to proceed with the investigative process and deletes an unnecessary "the" in the answer section.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-7.001 Complaints.

(1) Who may file. A complaint may be filed by any person who claims to have been injured by a discriminatory housing practice or any person who believes that he will be injured by a discriminatory housing practice that is about to occur.

(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.

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

(6) Amendments.

(a) A complaint may be amended within 60 30 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) 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

(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.

(7) 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.

(8)

(a)

1. 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 should be served within 10 days of the date of filing. An amendment likewise shall be served upon the respondent.

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.

(b) Notice to Complainant.

1. The Commission shall serve notice upon the complainant acknowledging the filing of the complaint, advising the complainant of the time limits set forth in Rule 60Y-7.004, F.A.C.

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 may 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 may be commenced and maintained within a reasonable time from the date of the election. If the Attorney General, in its discretion, determines that it will not initiate a civil action on behalf of the aggrieved person, the Commission shall institute a civil action in an appropriate court.

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.

(9) Maintenance of Records. Once a complaint has been served on the 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
760.31(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.

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F003531_20211230.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.002
TITLE	Answer

RULEMAKING AUTHORITY	760.06(12)
LAW IMPLEMENTED	760.03

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

ORIGINATOR	Cheyanne Costilla, General Counsel
APPROVER	Florida Commission on Human Relations' board
PROPOSAL DATE	7/31/2020
PUBLISH DATE	12/1/2021

Purpose

The proposed rule amendments seek to increase compliance with statutory due date requirements by reducing an amendment period and to delete an unnecessary word in the answer section.

Summary

The proposed rule halves the amendment period for initial complaint filing to proceed with the investigative process and deletes an unnecessary "the" in the answer section.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

FULL TEXT OF THE PROPOSED RULE

60Y-7.002 Answer.

(1) Respondent may file an answer to the complaint within 20 days of the date of notice of ~~the~~ filing. The answer shall be verified.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a Notice of Determination.

#	Rule	Date Filed	Date Effective	Issue Proposed
1	60Y-5.004	4/27/2021	5/17/2021	47 FAR 51
2	60Y-5.006	4/27/2021	5/17/2021	47 FAR 51
3	60Y-5.008	4/27/2021	5/17/2021	47 FAR 51

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PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

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Notices in the Florida Administrative Register
That Are Pertinent to Civil Rights Litigation
(2021)