| 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 |
| 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.
(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
(5) If the Commission is unable to conciliate a complaint within 35
