Florida Administrative Register FCHR Notice of Rulemaking

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-1
TITLE	Meetings and Operations

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	120.525, 120.54(5) FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for the commission meetings and operations.

Subject Area to be Addressed

Commission meetings and operations, particularly conducting proceedings by Communications Media Technology.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2
TITLE	Organization and General Information

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.53, 120.533, 120.54, 760.03, 760.05 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for the commission organization and general information.

Subject Area to be Addressed

Commission organization and general information.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-3
TITLE	Definitions; Construction

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.53, 120.533, 120.54, 760.03, 760.05 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for definitions and construction of the rules.

Subject Area to be Addressed

Commission definitions and construction of the rules.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4
TITLE	General Procedures

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.53, 120.533, 120.54 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for general procedures of the Commission. The revisions particularly relate to the adoption of the Uniform Rules of Procedure.

Subject Area to be Addressed

Commission general procedures, including the impact of the adoption of the Uniform Rules of Procedure.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5
TITLE	Proceedings Upon Complaints of Unlawful Employment Practice

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for proceedings upon complaints of unlawful employment practice.

Subject Area to be Addressed

Commission proceedings to receive, investigate and act 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 HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-6
TITLE	Fair Housing Act

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for commission activities under the Fair Housing Act.

Subject Area to be Addressed

Commission activities implementing the Fair Housing Act

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-7
TITLE	Investigatory Proceedings Upon Complaints of Discriminatory Housing Practices

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for proceedings upon complaints of discriminatory housing practices.

Subject Area to be Addressed

Commission proceedings to receive, investigate and act upon complaints of discriminatory housing practices.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-8
TITLE	Formal Administrative Proceedings Upon Complaints of Discriminatory Housing Practices

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.34, 760.35 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for Petitions for Relief from a discriminatory housing practice.

Subject Area to be Addressed

Petitions for Relief from a discriminatory housing practice.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-9
TITLE	Requirements Related to Housing for Older Persons

SPECIFIC AUTHORITY	760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	760.29 FS,.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.29(4), F.S., relating to housing for older persons.

Subject Area to be Addressed

Housing for older persons; exemptions from certain provisions of the Fair Housing Act.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-10
TITLE	Prohibition Against Discrimination by Public Lodging and Food Service Establishments

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.11 FS.
LAW IMPLEMENTED	120.53, 760.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.11, F.S., relating to unlawful discrimination by operators of a public lodging establishment or a public food establishment.

Subject Area to be Addressed

Discriminatory actions by operators of a public lodging establishment or a public food establishment.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 31 | 8/1/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Friday, August 15, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11
TITLE	Proposed Rule Chapter on Prohibition Against Employees Who Disclose Information to an Appropriate Agency Under the “Whistle-Blower’s Act”

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.11 FS.
LAW IMPLEMENTED	120.53, 760.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule chapter provides for Commission’s implementation of the provisions of Sections 112.3187-112.31895, F.S., making it unlawful for any agency or independent contractor of an agency to take retaliatory action against an employee who reports violations of law to an appropriate agency under Sections 112.3187-112.31895, F.S.; the “Whistle-blower’s Act.”

Subject Area to be Addressed

Retaliatory actions by any agency or independent contractor of an agency against an employee who reports violations of law to an appropriate agency under Sections 112.3187-112.31895, F.S.; the “Whistle-blower’s Act.”

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

29 FAR 50 | 12/12/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Monday, December 29, 2003
MEETING TIME	9:00:00

RULE NO	60Y-3.001
TITLE	Definitions

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.06, 760.10 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule provides for the definitions used by the Florida Commission on Human Relations in conducting its business.

Subject Area to be Addressed

Definition of days whenever the Commission is required to take action pursuant to the Florida Civil Rights Act and the Fair Housing Act.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-3.001 Definitions.

(1) through (31) No change. (32) Whenever the Commission is required to take action within a certain time period, the term “days” shall refer to business days which are to be Monday-Friday, excluding legal holidays. If the time period for Commission action ends on a Saturday, Sunday or legal holiday, the time shall extend to the close of the next regular business day.

FLRules.org ©
12/12/2003

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, ________.

29 FAR 50 | 12/12/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Monday, December 29, 2003
MEETING TIME	9:00:00

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

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.06, 760.10 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule provides for Petitions for Relief under the Florida laws relating to discrimination in employment and public accommodations.

Subject Area to be Addressed

Filing fee to file a Petition for Relief.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

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

(1) No change.

(2) A fee of $62.50 is required to be submitted to the Clerk of the Commission upon filing any Petition pursuant to this Section.

(2) through (10) renumbered (3) through (11) No change.

FLRules.org ©
12/12/2003

Rulemaking Authority	Law Implemented	History
760.06(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 ________.

29 FAR 50 | 12/12/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Monday, December 29, 2003
MEETING TIME	9:00:00

RULE NO	60Y-8.001
TITLE	Petitions for Relief from a Discriminatory Housing Practice

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.34, 760.3 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule provides for Petitions for Relief under the Fair Housing Act.

Subject Area to be Addressed

Filing fee to file a Petition for Relief.

Notification

IF REQUESTED, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-8.001 Petition for Relief from a Discriminatory Housing Practice.

(1) No change.

(2) A fee of $62.50 is required to be submitted to the Clerk of the Commission upon filing any Petition pursuant to this Section.

(2) through (7) renumbered (3) through (8) No change.

FLRules.org ©
12/12/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.31(5) FS.	120.53, 760.34, 760.35 FS.	New 1-25-90, Formerly 22T-22.001, Amended 11-18-92, ________.

29 FAR 50 | 12/12/2003 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE	Monday, December 29, 2003
MEETING TIME	9:00:00

RULE NO	60Y-10.002
TITLE	Covered Entities and Facilities

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.02(11) FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed amendment to this rule section provides for the addition of a new definition of covered entities and facilities under Chapter 60Y-10, F.A.C., relating to prohibition against discrimination by public lodging, entertainment, food service and related establishments in respect to refusing accommodations and services.

Subject Area to be Addressed

Defining covered entities and facilities.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-10.002 Covered Entities and Facilities.

The public lodging establishments covered by these rules are those defined in Sections 509.013(4) and 760.02(11), Florida Statutes (~~1991~~). The public food service establishments covered by these rules are those defined in Sections 509.013(5) and 760.02(11), Florida Statutes (~~1991~~). All other establishments defined in Section 760.02(11), Florida Statutes, are also covered by these rules.

2004

30 FAR 11 | 3/12/2004 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000795_20040312.pdf

MEETING DATE	Monday, December 29, 2003
MEETING TIME	9:00:00

RULE NO	60Y-8.001
TITLE	Petition for Relief from a Discriminatory Housing Practice

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.34, 760.35 FS.

CONTACT	Denise Crawford
EMAIL	Denise.Crawford@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The rule provides for Petitions for Relief under the Fair Housing Act.

Subject Area to be Addressed

Filing fee to file a Petition for Relief.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-8.001 Petition for Relief from a Discriminatory Housing Practice.

(1) No change.

~~(2) A fee of $62.50 is required to be submitted to the Clerk of the Commission upon filing any Petition pursuant to this Section.~~

FLRules.org ©
3/12/2004

Rulemaking Authority	Law Implemented	History
120.53, 760.31(5) FS.	120.53, 760.34, 760.35 FS.	New 1-25-90, Formerly 22T-22.001, Amended 11-18-92, ________.

2012

38 FAR 93 | 12/18/2012 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001255_20121218.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.005
TITLE	General Information

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	120.54, 760.06 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete unnecessary information from rule Title 60Y and clarify other phrases within the rule because it is not necessary to name a particular person as the Clerk of the Commission. The effect will be to eliminate all personal identifications within the rules.

Subject Area to be Addressed

The proposed rule simplifies and clarifies the general information about the Florida Commission on Human Relations.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.005 General Information.

(1) through (4) No change.

(5) All complaints, petitions and appeals from Commission action may be filed electronically by facsimile or at the Commission’s website found at http://fchr.state.fl.us. The original physically signed document shall be sent the same day by U.S. Mail. The party who elects to file a document by electronic transmission shall be responsible for any delay, disruption, or interruption of the electronic signals and must accept full risk that the document may not be properly filed with the Commission as a result. The filing date for an electronically transmitted document shall be the date the Commission receives the complete document. All complaints may be sent by facsimile to ~~the Manager of Customer Service at~~ (850)488-5291. All petitions and appeals from Commission action may be sent by facsimile to ~~the Clerk~~ at (850)487-4957.

(6) Requests for information or any questions are to be directed ~~The Clerk~~ to the Commission at ~~is Violet Crawford, Clerk to the Commission~~, 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301-4857, or call ~~phone number~~ (850)488-7082.

FLRules.org ©
12/18/2012

Rulemaking Authority	Law Implemented	History
Rulemaking ~~Specific~~ Authority 760.06(12) FS.	120.54, 760.06 FS.	New 11-2-78, Formerly 22T-6.05, 22T-6.005, Amended 12-31-03, ________.

38 FAR 93 | 12/18/2012 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001255_20121218.pdf

MEETING DATE	60Y-7.001
MEETING TIME	Complaints

RULE NO
TITLE

RULEMAKING AUTHORITY	760.31(5) FS.
LAW IMPLEMENTED	760.34 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to clarify that the Florida Commission on Human Relations does not require an aggrieved persons under the Florida Fair Housing Act to file a complaint. The effect will be to make it clear that the act of filing a complaint is permissive rather than mandatory.

Subject Area to be Addressed

The proposed rule amendment seeks to clarify the permissive administrative rights under the Florida Fair Housing Act.

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. An aggrieved person may, but is not required to, file a complaint with the Commission alleging a discriminatory housing practice. 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, not later than one year after an alleged discrimnatory housing practice has occurred or terminated, be filed with the Commission ~~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.

FLRules.org ©
12/18/2012

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, _________.

2013

39 FAR 39 | 2/26/2013 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001302_20130226.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.31(5) FS.
LAW IMPLEMENTED	760.34 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to clarify that a person need not exhaust their administrative remedies before commencing a civil action alleging housing discrimination.

Subject Area to be Addressed

The proposed rule clarifies the information regarding housing discrimination complaints and time for filing a housing discrimination complaint with the Florida Commission on Human Relations.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-7.001 Complaints.

(1) Who may file. An aggrieved person may, but is not required to, file a complaint with the Commission alleging a discriminatory housing practice. Whether or not a complaint has been filed with the Commission, an aggrieved person may commence a civil action in court under Section 760.35, F.S. 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, not later than one year after an alleged discriminatory housing practice has occurred or terminated, be filed with the Commission. ~~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.

FLRules.org ©
2/26/2013

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,_________.

39 FAR 143 | 7/24/2013 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001406_20130724.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-7.001
TITLE	Complaints

RULEMAKING AUTHORITY	760.31(5) FS.
LAW IMPLEMENTED	760.34 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment is sought in response to Chapter 2013-207, Laws of Florida, which became effective July 1, 2013. The new law passed Senate Bill 1464/House Bill 1147, which amended Florida Statute, Section 760.34, F.S., as follows:

(4) If, within 180 days after a complaint is filed with the commission or within 180 days after expiration of any period of reference under subsection (3), the commission has been unable to obtain voluntary compliance with Sections 760.20-760.37, F.S., the person aggrieved may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination pursuant to Section 760.35, F.S., to enforce the rights granted or protected by Sections 760.20-760.37, F.S. If, as a result of its investigation under subsection (1), the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the person aggrieved, the Attorney General may shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of Sections 760.20-760.37, F.S.

The U.S. Department of Housing and Urban Development (HUD) has certified that the Florida Commission on Human Relations enforces the Florida Fair Housing Act which provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. As a certified agency, the Florida Commission on Human Relations receives referrals of housing discrimination complaints for investigation from HUD, and in return for investigating those complaints, the Florida Commission on Human Relations receives funding from HUD. HUD has expressed concern that the law change identified above will impact the Commission’s substantial equivalency certification because of the possibility that if the Attorney General, in its discretion, decided not to bring a civil action in the name of the state on the aggrieved person’s behalf, the aggrieved person would be left without appropriate redress and/or representation.

Subject Area to be Addressed

The proposed rule would confirm that in those circumstances where the Attorney General decides not to bring a civil action in the name of the state on the aggrieved person’s behalf, the Florida Commission on Human Relations will bring a civil action.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-7.001 Complaints.

(1) through (7) No change.

(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 shall 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 dyas after receipt of the notice. If an election is made for a civil action by the Attorney General, then a civil action may ~~shall~~ 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 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) No change.

FLRules.org ©
7/24/2013

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,___________.

2014

40 FAR 199 | 10/13/2014 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001714_20141013.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
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to specify how a vacancy in the positions of Chairperson and Vice-chairperson will be addressed.

Subject Area to be Addressed

The proposed rule clarifies the general information about 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) through (5) No change.

(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 subsection 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.

()() 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.

(8) If a vacancy occurs in the Office of Chairperson, the Vice-chairperson shall become the Chairperson for the unexpired term of the Chairperson. If a vacancy occurs in the Office of Vice-chairperson, the Commission will select another member to fill the unexpired term of the Vice-chairperson.

(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)~~(9)~~ 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)~~(10)~~ Seven members shall constitute a quorum for the conduct of Commission business.

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

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

FLRules.org ©
10/13/2014

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,_________.

2015

41 FAR 68 | 4/8/2015 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001835_20150408.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.005
TITLE	General Information

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	120.54, 760.06 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated information from the rule while clarifying and updating other phrases within the rule.

Subject Area to be Addressed

The proposed rule simplifies and clarifies the general information about 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-2.005 General Information.

(1) The location of the principal office of the Commission is: 4075 Esplanade Way, Room 110, ~~2009 Apalachee Parkway, Suite 100~~, Tallahassee, Florida 32399-7020 ~~32301-4857~~.

(2) The office is open from 8:00 a.m. to 5:00 p.m. (Eastern Time) of each working day.

(3) All requests for specific forms, ~~and~~ information, or answers to any questions may be directed submitted to the Office of Customer Service ~~Executive Director~~ at the above address. Telephonic inquiries may be made at (850)488-7082, and requests may also be e-mailed to fchrinfo@fchr.myflorida.com.

(4) Applications for employment may be completed and submitted online at https://peoplefirst.myflorida.com. ~~obtained from the office of the Commission or from the Department of Management Services.~~

(5) All complaints, petitions for relief, and appeals from final Commission action may be mailed, sent ~~filed electronically~~ by facsimile to (850)487-5291, or e-mailed to fchrinfo@fchr.myflorida.com. ~~at the Commission’s website found at http://fchr.state.fl.us. The original physically signed document shall be sent the same day by U.S. Mail.~~ The party who elects to file a document by electronic transmission shall be responsible for any delay, disruption, or interruption of the electronic signals and must accept full risk that the document may not be properly filed with the Commission as a result. The filing date for an electronically transmitted document shall be the date the Commission receives the complete document. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day. ~~All complaints may be sent by facsimile to (850) 488-5291. All petitions and appeals from Commission action may be sent by facsimile to (850) 487-4957.~~

~~(6) Requests for information or any questions are to be directed to the Commission at 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301-4857, or call (850) 488-7082.~~

FLRules.org ©
4/8/2015

Rulemaking Authority	Law Implemented	History
760.06(12) FS.	120.54, 760.06 FS.	New 11-2-78, Formerly 22T-6.05, 22T-6.005, Amended 12-31-03, 3-7-13, __________.

41 FAR 154 | 8/10/2015 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001921_20150810.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.007
TITLE	Public Information and Inspection and Copying of Documents

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	119.07, 120.54, 760.06, 760.11(12) FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated and incorrect information from the rule while clarifying and updating other phrases within the rule.

Subject Area to be Addressed

The proposed rule corrects and updates the public information and inspection and copying of documents process used by the Florida Commission on Human Relations.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.007 Public Information and Inspection and Copying of Documents.

(1) All public records within the meaning of Chapter 119, F.S., and not otherwise restricted by law, are available for personal inspection and copying by any person may be inspected upon approval of a written request. ~~Any written request must specifically identify the requested material.~~ Requests for information may be directed to the Commission’s Records Management Liaison Officer (RMLO). ~~Office of Customer Service~~

(2) All complaints filed pursuant to Rule 60Y-5.001, F.A.C., and all related records and documents in the custody of the Commission which relate to and identify a person shall be confidential, unless the record or document is made part of the record of any hearing or court proceeding. Access to confidential records and documents, by the parties to a complaint or proceeding, is provided in subsections ~~60Y-5.001(9)~~, 60Y-5.003(9) and 60Y-5.004(6) ~~(7)~~, F.A.C.

(3) Copies of public records maintained by the Commission are available on the following basis:

~~(a) Two dollars ($2.00) per instrument for preparation and transmittal of original records on appeal with no charge for postage or certification;~~

~~(b) One dollar ($1.00) for the first page copied and certified from a Commission file; fifteen cents ($0.15) per page for any additional page from the same file;~~

(a)~~(c)~~ Actual postage costs are charged for mailing copies other than original records on appeal; provided that no charge will be made for mailing one ounce by first class mail;

(b)~~(d)~~ Transcripts of Commission proceedings may be obtained by independent contract of a court reporter at the ordering party’s expense;

(c)~~(e)~~ Payment must be made in advance by cash, check or money order made payable to the Florida Commission on Human Relations; state agencies may pay by Journal Transfer; and

(d)~~(f)~~ The Commission’s final orders are available for viewing on the Commission’s website, http://fchr.state.fl.us, and the website of the Division of Administrative Hearings, www.doah.fl.us. ~~and subject matter indices thereto are published by Florida Administrative Law Reports and by The Florida Bar, Labor and Employment Law Section~~

FLRules.org ©
8/10/2015

Rulemaking Authority	Law Implemented	History
760.06(12)~~(13)~~ FS.	119.07(1)(a), 120.54, 760.06, 760.110(142) FS.	New 11-2-78, Amended 2-10-80, 8-12-85, Formerly 22T-6.07, Amended 4-20-87, Formerly 22T-6.007, Amended 12-31-03, xx-xx-xx.

41 FAR 213 | 11/2/2015 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001980_20151102.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.001
TITLE	General

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.01(2), 760.03, 760.05, 120.542 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated information from the rules while updating other phrases within the rules.

Subject Area to be Addressed

Organization and general information about 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-2.001 General.

The Florida Commission on Human Relations is established pursuant to the Human Rights Act of 1977, as amended by the Florida Civil Rights Act of 1992, Chapter 760, F.S., to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, disability, or marital status and thereby to protect their interests in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights and privileges of individuals within the state.

FLRules.org ©
11/2/2015

Rulemaking Authority	Law Implemented	History
760.06(12) FS.	760.01(2), 760.03, 760.05 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-6.01, 22T-6.001, Amended 12-31-03, xx-xx-xx.

41 FAR 213 | 11/2/2015 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001980_20151102.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.011
TITLE	Petitions for Variances or Waivers from Rules

RULEMAKING AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	760.01(2), 760.03, 760.05, 120.542 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated information from the rules while updating other phrases within the rules.

Subject Area to be Addressed

Organization and general information about 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-2.011 Petitions for Variances or Waivers from Rules.

The Commission shall follow and conform to Chapter 28-104, F.A.C., with respect to variances and waivers from its Rules. Petitions conforming to Rule 28-104.0102, F.A.C., shall be filed with the Clerk to the Commission.

41 FAR 218 | 11/9/2015 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001985_20151109.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)(3) FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated or incorrect information from the rule while updating other phrases within the rule.

Subject Area to be Addressed

Florida Fair Housing Act

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-9.007 Housing for Older Persons Registration and Documentation.

(1) Facilities or communities claiming an exemption under Section 760.29(4), F.S., shall register with the commission and submit the statutorily required documentation to the commission in the manner prescribed by the commission. Information on how to register is located on the commission’s website, http://fchr.state.fl.us.

(2) The registration and documentation letter shall contain in bold letters on the face of the envelope the words “Registration for Housing for Older Persons,” and provide the date of mailing.

(3) The registration and documentation shall be submitted biennially from the date of the original filing ~~on the first day of the month, or up to seven days thereafter, of the anniversary of the initial registration~~.

(4) The information in the commission’s registry is a public record. The information shall also be included on in the commission’s main website, ~~at “~~http://fchr.state.fl.us.”

(5) Failure to comply with the requirements of Section 760.29(4)~~(2)~~(e), F.S, shall not disqualify a facility or community that otherwise qualifies ~~qualified~~ for the exemption provided in Section 760.29(4), F.S.

(6) The registration fee must be included within the completed registration letter in order to constitute a valid registration. The biennial registration fee is $20.00. It shall be sent to: Florida Commission on Human Relations at its address provided in Rule 60Y-2.005, F.A.C.

(6)~~(7)~~ The Commission may impose an administrative fine not to exceed $500 on a facility or community that knowingly submits false information in the documentation required by this rule. Such fine shall be deposited in the commission’s trust fund.

2016

42 FAR 211 | 10/28/2016 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002230_20161028.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.004
TITLE	General Description of Organization and Functions of Commission Staff

RULEMAKING AUTHORITY	760.06(12), 760.11(14), 760.31(5) F.S.
LAW IMPLEMENTED	120.54, 760.03(7), 760.05, 760.06, 760.11, 760.30 FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated information from the rule while clarifying and updating other phrases within the rule.

Subject Area to be Addressed

The proposed rule simplifies and clarifies the general description of the organization and function 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-2.004 General Description of Organization and Functions of Commission Staff.

(1) The following staff units of the Commission are authorized to exist ~~consist of~~:

(a) Office of Executive Director;
(b) Office of General Counsel;
(c) Office of Employment Investigations;
(d) Office of Community Relations;
(e) Office of Housing Investigations;
(f) Office of Intake and Customer Service; ~~and~~
(g) Office of ~~Management and~~ Information Technology;~~Processing~~.
(h) Office of Budget;
(i) Office of Communications; and
(j) Office of Human Resources.
It is intended that the Office of Executive Director and Office of General Counsel permanently exist. The remaining Offices exist at the discretion of the Executive Director and duties enumerated in this Chapter may be assigned within the agency by the Executive Director in a manner that takes into account the existing resources of the Commission.

(2) No change.

(3) The Office of General Counsel represents the agency in all legal proceedings before administrative, state and federal courts, and agencies, except those in which the Executive Director has arranged for alternative counsel. The Office of General Counsel has the following additional duties:

(a) Advise the Commission and Executive Director on legal matters;

(b) Make such legal reports and recommendations, written and oral, as are requested by the Commission, a Commissioner or the Executive Director;

(c) Make recommendations concerning determinations, as provided by Rule 60Y-5.004, F.A.C.;

(d) Prosecute Commission complaints;

(e) Provide voluntary mediation services; and

(f) Perform such other functions as the Commission or Executive Director may assign.

(g)~~(f)~~ Within the Office of General Counsel shall be the Clerk to the Commission who shall:

1. Maintain all complaints, petitions, pleadings and other legal documents filed with the Commission;

2. Maintain all forms and instructions used by the Commission;

3. Maintain all petitions for variances and waivers of agency rules pursuant to Chapter 28-104, F.A.C.;

4. Assemble, certify and transmit records on appeal to appellate courts for review;

5. Respond to requests for information ~~or copies of documents~~ relevant to Commission cases;

~~6. Bill and collect monies for records on appeal and reproduced documents;~~

6.7. Certify and issue orders by the Commission or a Panel of Commissioners; and

7.8. Transmit ~~Prepare and maintain a topical index~~ of Commission or Panel decisions and orders electronically to the Division of Administrative Hearings for publication on the Division’s website in order to comply with the order indexing requirements of Section 120.53, FS.

~~(g) Perform such other functions as the Commission or Executive Director may direct.~~

(4) The Office of Employment Investigations, if it exists, investigates ~~and seeks to conciliate~~ complaints of discriminatory practices in employment, public accommodations and state employee whistle-blower retaliation. The Office of Employment Investigations has the following additional duties:

~~(a) Seek to encourage settlement between parties;~~

(a)~~(b)~~ Make reports and recommendations as provided by Rule 60Y-5.004, F.A.C.;

(b)~~(c)~~ Provide fact-finding at the direction of the Executive Director; and

(c)~~(d)~~ Perform such other functions as the Executive Director may direct.

(5) The Office of Community Relations, if it exists, provides technical assistance to local agencies~~commissions on human relations~~, local governments and to other persons to facilitate progress in human relations and the amelioration of intergroup tensions.

(6) The Office of Housing Investigations, if it exists, investigates and seeks to conciliate complaints of discriminatory practices in housing.

(7) The Office of Intake and Customer Service, if it exists, provides information and support, receives and dockets complaints, provides counseling for potential complainants, and assists in framing ~~frames~~ and perfecting ~~perfects~~ complaint allegations~~, provides Commission record-keeping and responds to requests for information~~.

(8) The Office of ~~Management and~~ Information Technology, if it exists, ~~Processing~~ provides all the Commission’s technology needs, assesses technological requirements, purchases requisite equipment, deploys new technology, provides hardware and software support, and trains Commission staff on the use of supplied equipment electronic word and data processing services to the Commission, including strategic planning, budget reports, complaint tracking, performance analysis, statistical reports and complaint investigation correspondence.

~~(9) The Office of Budget, if it exists, has the responsibility of assuring that the Commission is in compliance with chapters 216, 255, 283, and 287, FS., which address fiscal responsibilities.~~

(10) The Office of Communications, if it exists, provides accurate, transparent, and timely information about the Commission to inquiring members of the media and citizens, assists news media in Florida and the nation in understanding the Commission’s mission, and facilitates media engagements, as approved by the Executive Director.

(11) The Office of Human Resources, if it exists, performs administrative and consultative work involving identification, resolution, and administration of human resource operational and management problems for the Commission.

FLRules.org ©
10/28/2016

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14), 760.31(5) FS.	120.54, 760.03(7), 760.05, 760.06, 760.11, 760.30 FS.	New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-6.04, Amended 4-20-87, Formerly 22T-6.004, Amended 4-20-00, 12-31-03,_______.

2017

43 FAR 24 | 2/6/2017 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002295_20170206.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-4.001
TITLE	Applicability

RULEMAKING AUTHORITY	760.06(12), 760.11(14), FS.
LAW IMPLEMENTED	760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11, 120.57, FS.

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to delete outdated information from the rule while updating other phrases.

Subject Area to be Addressed

The proposed rule updates the general procedures 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-4.001 Applicability.

(1) The rules set forth in this chapter shall apply to all proceedings, except as provided in subsection (2), described in the rules of the Commission, unless specifically provided in the context of an individual rule.

(2) This chapter shall not apply to Complaints (Rule 60Y-5.001, F.A.C.); Agreements for Referral of Complaints (Rule 60Y-5.002, F.A.C.); Investigation of Complaints (Rule 60Y-5.003 ~~60Y-4.004~~, F.A.C.); Conciliation (Rule 60Y-5.005, F.A.C.); Administrative Dismissal (Rule 60Y-5.006, F.A.C.)~~; except as provided in subsection (3)~~.

~~(3) The provisions of Rules 60Y-4.006, 60Y-4.007 and 60Y-4.008, F.A.C., shall apply to all rules enumerated in Subsection (2).~~

(3)~~(4)~~ When a proceeding pursuant to Chapter 60Y-5, F.A.C., of the rules of the Commission is before a Panel, the term “Commission”, when it appears in this chapter, shall include that Panel, if the context so requires.

FLRules.org ©
2/6/2017

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14) FS.	760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11 FS.	New 11-2-78, Formerly 9D-8.01, Amended 6-16-83, Formerly 22T-8.01, 22T-8.001, Amended 8-22-00, ____.

43 FAR 24 | 2/6/2017 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002295_20170206.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-4.028
TITLE	Oral Argument

RULEMAKING AUTHORITY	760.06(12), 760.11(14), FS.
LAW IMPLEMENTED	120.57, 760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11 FS.

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

ORIGINATOR	Cheyanne Costilla
APPROVER	Michelle Wilson
PROPOSAL DATE	10/28/2016
PUBLISH DATE	2/6/2017

Purpose

The proposed rule amendments seek to delete outdated information from the rule while updating other phrases within the rules.

Subject Area to be Addressed

The rule chapter language needs amended to delete outdated information.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-4.028 Oral Argument.

(1) When a recommended order~~, pursuant to Rule 60Y-4.026, F.A.C.,~~ is before the Commission, a party filing an exception or brief may also request oral argument.

(2) A request for oral argument shall be by motion, filed simultaneously with the moving party’s exception or brief.

(3) If oral argument is permitted, each party will be allowed 15 minutes. The Commission may require, limit, expand or dispense with oral argument.

FLRules.org ©
2/6/2017

Rulemaking Authority	Law Implemented	History
760.06(12)~~(13)~~ FS.	120.57, 760.06 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-8.28, 22T-8.028, Amended xx-xx-xx.

43 FAR 72 | 4/13/2017 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002343_20170413.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-2.006
TITLE	Statutory Chapter and Rules

RULEMAKING AUTHORITY	760.06(12), 760.11(14), 760.31(5) FS.
LAW IMPLEMENTED	120, 509.092, 760 FS.

CONTACT	Steven Zuilkowski
EMAIL	Steven.Zuilkowski@FCHR.MyFlorida.com
PHONE	(850) 907-6833

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to correct transposed numbers in a statutory citation and remove an outdated reference.

Subject Area to be Addressed

The proposed rule seeks to outline the statutory and regulatory authority of the Commission.

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-2.006 Statutory Chapter and Rules.

The mission and duties of the Commission are carried out pursuant to statutory authority delineated in Chapter 760, F.S. The following additional statutory chapters and rule chapters directly affect and govern the operations of the Commission:

(1) Chapter 120 F.S.
(2) Sections 112.3187-112.31895 ~~112.31985~~, inclusive, F.S.
(3) Section 509.092, F.S.
(4) Chapters 60Y-2 1 through 60Y-11, and 60Y-25, F.A.C.
(5) Chapters 28-101 through 28-106, 28-108, 28-109, F.A.C.

FLRules.org ©
4/13/2017

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14), 760.31(5) FS.	120, 509.092, 760 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-6.06, 22T-6.006, Amended 7-26-00, 12-31-03,_____.

43 FAR 220 | 11/14/2017 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002491_20171114.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.0011
TITLE	Answer

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

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

ORIGINATOR	Cheyanne Costilla
APPROVER	Michelle Wilson
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to correct an inconsistency between the rule and the statute.

Subject Area to be Addressed

The proposed rule relates to the deadline for filing an answer to a complaint of discrimination.

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-5.0011 Answer.

(1) Respondent may file an answer to the complaint within 25 days of the date the complaint was filed with the commission ~~of notice of the filing~~. The answer shall be verified. The person filing the answer shall mail a copy to the complaining party.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.

2018

44 FAR 69 | 4/9/2018 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F002591_20180409.pdf

MEETING DATE
MEETING TIME

RULE NO	60Y-5.0011
TITLE	Answer

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

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendment seeks to eliminate the section allowing respondents to amend an answer at any time prior to the issuance of a determination because of the delays it causes for the Florida Commission to conduct its investigations within 180 days, as required by statute.

Subject Area to be Addressed

The proposed rule relates to the deadline for filing an answer to a complaint of discrimination.

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-5.0011 Answer.

(1) Respondent may file an answer to the complaint within 25 days of the date the complaint was filed with the commission. The answer shall be verified. The person filing the answer shall mail a copy to the complaining party.

~~(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.~~

2021

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.

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.

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 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.

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 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.

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.

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 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.

2022

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

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE
MEETING TIME

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

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

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

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

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-2.003 General Description of the Commission.

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

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

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

(4) A Commissioner is eligible for reappointment.

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

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

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

(b) Preside at Commission meetings;

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

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

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

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

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

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

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

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

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

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

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

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

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE
MEETING TIME

RULE NO	60Y-3.001
TITLE	Definitions

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

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

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

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-3.001 Definitions.

As used in the rules of the Commission:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(24) “Respondent” means:

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

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

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

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

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

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

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

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

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

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

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

MEETING DATE
MEETING TIME

RULE NO	60Y-5.001
TITLE	Complaints

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

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

ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

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

Subject Area to be Addressed

Discrimination investigations by the Florida Commission on Human Relations.

Notification

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

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-5.001 Complaints.

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

(2) Time for Filing. A complaint may be filed at any time within 365 days of the occurrence of the alleged unlawful employment practice. If the alleged unlawful employment practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the unlawful employment practice up to and including the date on which it shall have ceased.

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

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

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

(b) Alleges the same or additional facts which describe an unlawful employment practice related to or growing out of the subject matter of the other, identified complaint, and

(c) Would have been timely if filed at the time of, or other time subsequent to, the filing of the other, identified complaint. A complaint under this subsection may be filed by a new complainant and shall relate back to the date the other, identified complaint was first received.

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

(6) Contents.

(a) The complaint should contain the following information:

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

2. The name, address and telephone number of the respondent;

3. A clear and concise statement of the facts, including pertinent dates, constituting the unlawful employment practice;

4. If known, the approximate number of employees of a respondent employer;

5. If known, a statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a Federal, State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.

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

(7) Amendments.

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

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

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

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

(9) Notice to Respondent. When it is determined that a complaint is complete and has been timely filed. The Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice shall be served within 5 days of the date of filing. An amendment likewise shall be served upon the respondent.

(10) Maintenance of Records. Once a complaint has been served on a respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined.

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

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

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME