Notices in the Florida Administrative Register
That Are Pertinent to Civil Rights Litigation
(2013)

39 FAR 5 | 1/8/2013 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001268_20130108.pdf

MEETING DATE	Thursday, February 7, 2013
MEETING TIME	10:00:00

TITLE

Daily Activities

LOCATION

LINK

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

CONFERENCE #	(850) 488-7082
CONFERENCE ID
COMMENTS

Subject

This meeting will be held to discuss the daily functions and activities of the Commission.

BODY

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)488-7082, x 1001 or casey.snipes@fchr.myflorida.com. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casey Snipes at (850)488-7082, x 1001 or casey.snipes@fchr.myflorida.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (voice). For more information, you may contact: Casey Snipes at (850)488-7082, x 1001 or casey.snipes@fchr.myflorida.com.

39 FAR 12 | 1/17/2013 | FCHR NOTICE OF RULE CHANGE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001275_20130117.pdf

RULE NO	60Y-2.005 FAC
RULE TITLE	General Information

Notice

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 94, December 19, 2012 issue of the Florida Administrative Register.

BODY

The proposed rule change is to a procedural rule and will have no economic impact and, therefore, will not require legislative ratification.

39 FAR 29 | 2/12/2013 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	DEPARTMENT OF ECONOMIC OPPORTUNITY
AGENCY	DIVISION OF COMMUNITY DEVELOPMENT

FILENAME

F001292_20130212.pdf

MEETING DATE	Tuesday, April 2, 2013
MEETING TIME	8:30:00

TITLE

Other Agency

LOCATION

LINK

CONTACT	Roger Doherty
EMAIL	roger.doherty@deo.myflorida.com
PHONE	(850) 717-8417

Subject

BODY

Small Cities CDBG FFY 2012 Implementation Workshop The Florida Department of Economic Opportunity announces its annual Small Cities Community Development Block Grant (CDBG) Program Implementation Workshop in April for representatives of communities that are receiving Federal Fiscal Year (FFY) 2012 funding.

The three-day workshop will cover the following grant-related topics: subgrant provisions; fair housing, equal employment, Section 504/Americans with Disabilities Act, and Section 3 requirements; procuring professional services and construction contracts; requesting wage decisions and enforcing labor standards; performing the environmental review; handling conflicts of interest and citizen complaints; regulations related to acquisition; financial management requirements; requesting modifications; maintaining records; filling out reimbursement requests; filing audits and other reports; on-site monitoring; and requesting administrative closeout. Representatives from the Florida Commission on Human Relations will provide training on the State and Federal Fair Housing Laws. A laptop will be needed to participate in some of the hands-on exercises.

A copy of the workshop agenda will be available on the Small Cities CDBG web page at www.floridajobs.org by March 1, 2013.

The workshop will begin at 8:30 a.m. on April 2, 2013, at the Hilton Ocala, 3600 SW 36th Avenue in Ocala, Florida. The workshop will end at approximately 4:00 p.m. on April 4, 2013.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop is asked to advise the agency at least seven days before the workshop by contacting Roger Doherty at (850)717-8417. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) 955-8771 (TDD) or 1(800) 955-8770 (Voice). If you have any questions, contact Roger Doherty, Small Cities CDBG Planning Manager, at (850)717-8417 or by e-mail at roger.doherty@deo.myflorida.com.

39 FAR 34 | 2/19/2013 | NOTICE OF RULES FILED

CATEGORY

NOTICE OF RULES FILED

DATE	2/19/2013
ISSUE	39 FAR 34

FILENAME

F001297_20130219.pdf

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

---

#	Rule	Date Filed	Date Effective	Issue Proposed	Issue Amended
1	60Y-2.005	2/15/2013	3/7/2013	38 FAR 94

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.

39 FAR 40 | 2/27/2013 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001303_20130227.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	Cheyanne Costilla
APPROVER	Michelle Wilson
PROPOSAL DATE	1/22/2013
PUBLISH DATE	2/26/2013

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.

Summary

The rule chapter language is amended to clarify the fact that a person need not exhaust their administrative remedies before commencing a civil action alleging housing discrimination.

Regulatory Costs

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule change is to a procedural rule and will have no economic impact and, therefore, will not require legislative ratification. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

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

FULL TEXT OF THE PROPOSED RULE

60Y-7.001 Complaints.

(1) Who may file. 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.

(3) through (9) No change.

39 FAR 53 | 3/18/2013 | FCHR NOTICE OF RULE WITHDRAWAL

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001316_20130318.pdf

RULE NO	60Y-7.001 FAC
RULE TITLE	Complaints

Notice

Notice is hereby given that the above rule, as noticed in Vol.39, No. 40, February 27, 2013 issue of the Florida Administrative Register has been withdrawn.

39 FAR 58 | 3/25/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001321_20130325.pdf

MEETING DATE	Thursday, April 4, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 62 | 3/29/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001325_20130329.pdf

MEETING DATE	Tuesday, April 30, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	Violet Crawford
EMAIL	Violet.Crawford@fchr.myflorida.com
PHONE	(850) 488-7082

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Denise Crawford, Clerk of the Commission, (850)488-7082 or violet.crawford@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Denise Crawford, Clerk of the Commission, (850)488-7082 or violet.crawford@fchr.myflorida.com.

39 FAR 63 | 4/1/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001326_20130401.pdf

MEETING DATE	Wednesday, May 1, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 74 | 4/16/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001337_20130416.pdf

MEETING DATE	Wednesday, May 8, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fech.myflorida.com.

39 FAR 74 | 4/16/2013 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001337_20130416.pdf

MEETING DATE	Tuesday, April 23, 2013
MEETING TIME	13:30:00

TITLE

Daily Activities

LOCATION

2009 Apalachee Pkwy, Ste 100 Tallahassee, FL

LINK

CONTACT	Hunter Barnett
EMAIL	Hunter.Barnett@fchr.myflorida.com
PHONE	(904) 389-3345

CONFERENCE #	(800) 955-8771
CONFERENCE ID
COMMENTS	(800) 955-8770

Subject

This meeting will be held to discuss the daily functions and activities of the Commission.

BODY

A copy of the agenda may be obtained by contacting Hunter Barnett, (904)389-3345 or email: Hunter.Barnett@fchr.myflorida.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting Hunter Barnett, (904)389-3345. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (Voice).

For more information, you may contact Hunter Barnett, (904)389-3345 or email: Hunter.Barnett@fchr.myflorida.com.

39 FAR 75 | 4/17/2013 | FCHR LITIGATION MANAGEMENT

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001338_20130417.pdf

MEETING DATE	Tuesday, April 23, 2013
MEETING TIME	13:30:00

TITLE

Settlement Negotiations

LOCATION

CONTACT
EMAIL
PHONE

Subject

There will also be a private, attorney-client session during which settlement negotiations or strategy related to litigation expenditures will be discussed.

BODY

There will also be a private, attorney-client session during which settlement negotiations or strategy related to litigation expenditures will be discussed.

The following people are expected to attend the attorney-client session:

Gilbert Singer, Commission Chairman
Mario Valle, Commission Vice Chairman

Gayle Cannon, Commissioner
Donna Elam, Commissioner
Michael Keller, Commissioner
Michell Long, Commissioner
Billy Whitefox Stall, Commissioner

Michelle Wilson, Executive Director
Cheyanne Costilla, Acting General Counsel

Michael Spellman, Esquire
Lindsey Dunn, Esquire
Damon Kitchen, Esquire
Ray Poole, Esquire

39 FAR 99 | 5/21/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001362_20130521.pdf

MEETING DATE	Wednesday, June 19, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 118 | 6/18/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001381_20130618.pdf

MEETING DATE	Tuesday, July 23, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

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.

39 FAR 144 | 7/25/2013 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001407_20130725.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	Cheyanne Costilla, General Counsel
APPROVER	Michelle Wilson, Executive Director
PROPOSAL DATE	7/18/2013
PUBLISH DATE	7/24/2013

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, chapter 760.34, 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 ss. 760.20-760.37, 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.

Summary

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.

Regulatory Costs

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

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no applicable federal standards that relate to Rule 60Y-7.001, F.A.C. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

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

FULL TEXT OF THE PROPOSED RULE

60Y-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.

39 FAR 145 | 7/26/2013 | FCHR NOTICE OF RULE CHANGE

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001408_20130726.pdf

RULE NO	60Y-7.001 FAC
RULE TITLE	Complaints

Notice

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 144, July 25, 2013 issue of the Florida Administrative Register.

BODY

The proposed rule change is to a procedural rule and will have no economic impact and, therefore, will not require legislative ratification.

39 FAR 154 | 8/8/2013 | FCHR CIVIL RIGHTS HALL OF FAME

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001417_20130808.pdf

MEETING DATE	Wednesday, October 15, 2014
MEETING TIME	9:30:00

TITLE

Civil Rights Hall of Fame

LOCATION

2009 Apalachee Pkwy, Ste 100 Tallahassee, FL

LINK

CONTACT	Casey Snipes
EMAIL	Casey.Snipes@FCHR.MyFlorida.com
PHONE	(850) 488-7802

INTRO

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

Subject

Voting on the finalist for the Florida Civil Rights Hall of Fame nominees that will be submitted to the Governor.

BODY

A copy of the agenda may be obtained by contacting Contact Casey Snipes at (850)488-7082, ext. 1001 for a copy of the agenda.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Contact Casey Snipes at (850)488-7082, ext. 1001. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (Voice).

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact Casey Snipes at (850)488-7082, ext. 1001.

39 FAR 164 | 8/22/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001427_20130822.pdf

MEETING DATE	Thursday, September 12, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 186 | 9/24/2013 | NOTICE OF RULES FILED

CATEGORY

NOTICE OF RULES FILED

DATE	9/24/2013
ISSUE	39 FAR 186

FILENAME

F001449_20130924.pdf

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

---

#	Rule	Date Filed	Date Effective	Issue Proposed	Issue Amended
1	60Y-7.001	9/16/2013	10/6/2013	39 FAR 144	39 FAR 145

39 FAR 188 | 9/26/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001451_20130926.pdf

MEETING DATE	Wednesday, October 16, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

ACCESS POINT:

The Florida Commission on Human Relations office at 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida, 32301, will serve as an access point for this meeting. Interested persons wishing to attend this meeting may also do so by appearing in person at this designated access point, at which location telephonic access to the meeting will be provided.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 195 | 10/7/2013 | FCHR PUBLIC STAFF MEETINGS

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001458_20131007.pdf

MEETING DATE	Wednesday, October 16, 2013
MEETING TIME	13:00:00

TITLE

Daily Activities

LOCATION

2009 Apalachee Pkwy, Ste 100 Tallahassee, FL

LINK

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

CONFERENCE #	(888) 670-3525
CONFERENCE ID	998 844 2611#
COMMENTS

Subject

This meeting will be held to discuss the daily functions and activities of the Commission.

BODY

ACCESS POINT:

The Florida Commission on Human Relations office at 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301, will serve as an access point for this meeting. Interested persons wishing to attend this meeting may also do so by appearing in person at this designated access point.

A copy of the agenda may be obtained by contacting: Casey Snipes at (850)488-7082, ext. 1001 or casey.snipes@fchr.myflorida.com. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casey Snipes at (850)488-7082, ext. 1001 or casey.snipes@fchr.myflorida.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). For more information, you may contact: Casey Snipes at (850)488-7082, ext. 1001 or casey.snipes@fchr.myflorida.com.

39 FAR 206 | 10/22/2013 | FCHR MISCELLANEOUS NOTICE

DEPARTMENT	EXECUTIVE OFFICE OF THE GOVERNOR
AGENCY

FILENAME

F001469_20131022.pdf

MEETING DATE	Wednesday, October 30, 2013
MEETING TIME

TITLE

Other Agency

LOCATION

Knott Building - Room 412 The Capitol – Room 216 Tallahassee, FL

LINK

CONTACT
EMAIL
PHONE

Subject

Representives from the departments listed below will present an overview of the agency’s Legislative Budget Request for Fiscal Year 2014-2015 and Long-Range Program Plan for Fiscal Year 2014-2015 through Fiscal Year 2018-2019, and will be available for public questions and comments.

BODY

The times and locations are provided below for each policy area/agency:

Health and Human Services – Agency for Health Care Administration, Agency for Persons with Disabilities, Department of Children and Families, Department of Elder Affairs, Department of Health, and Department of Veterans’ Affairs – 9:00 a.m. – 11:30 a.m. in 216 Capitol.

Environment – Department of Agriculture and Consumer Services, Department of Citrus, Department of Environmental Protection, Fish and Wildlife Conservation Commission, and Public Service Commission – 12:00 p.m. – 1:30 p.m. in 216 Capitol.

General Government – Department of Business and Professional Regulation, Department of Financial Services, Office of Financial Regulation, Office of Insurance Regulation, Department of Lottery, Department of Management Services, Division of Administrative Hearings, Northwood Shared Resource Center, Southwood Shared Resource Center, Department of Military Affairs, and Department of Revenue, Commission on Human Relations, Public Employees Relations Commission– 2:00 p.m. – 4:30 p.m. in 216 Capitol.

Public Safety – Department of Corrections, Department of Juvenile Justice, Department of Law Enforcement, Department of Legal Affairs, Justice Administrative Commission, and Parole Commission – 9:00 a.m. – 11:30 a.m. in 412 Knott Building.

Education – Department of Education, Office of Early Learning, and Board of Governors – 12:00 p.m. – 1:30 p.m. in 412 Knott Building.

Transportation and Economic Development - Department of Economic Opportunity, Department of Highway Safety and Motor Vehicles, Department of State, Department of Transportation, and Division of Emergency Management – 2:00 p.m. – 4:30 p.m. in 412 Knott Building.

A copy of the agenda may be obtained by contacting: Office of Policy and Budget, (850)717-9506. Written comments may be submitted to the representatives of the Office of Policy and Budget at the proceedings or mailed to the Executive Office of the Governor, Office of Policy and Budget, 1702 The Capitol, Tallahassee, Florida 32399-0001, and received by close of business Tuesday, October 29, 2013.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Office of Policy and Budget, (850)717-9506. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

39 FAR 209 | 10/25/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001472_20131025.pdf

MEETING DATE	Wednesday, November 20, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID
COMMENTS	176 050 7820#

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

ACCESS POINT:

The Florida Commission on Human Relations office at 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301, will serve as an access point for this meeting. Interested persons wishing to attend this meeting may also do so by appearing in person at this designated access point, at which location telephonic access to the meeting will be provided.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact: Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

39 FAR 228 | 11/22/2013 | FCHR PUBLIC CASE DISPOSITION

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F001491_20131122.pdf

MEETING DATE	Wednesday, December 18, 2013
MEETING TIME	10:00:00

TITLE

Case Disposition

LOCATION

2009 Apalachee Pkwy, Ste 1100 Tallahassee, FL 32301

LINK

CONTACT	James Mallue
EMAIL	Jim.Mallue@fchr.myflorida.com
PHONE	(727) 570-5151

CONFERENCE #	(888) 670-3525
CONFERENCE ID	176 050 7820#
COMMENTS

Notice

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

Topic

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

BODY

A copy of the agenda may be obtained by contacting Jim Mallue at (727)570-5151, extension 13 or Jim.Mallue@fchr.myflorida.com.

ACCESS POINT:

The Florida Commission on Human Relations office at 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301, will serve as an access point for this meeting. Interested persons wishing to attend this meeting may also do so by appearing in person at this designated access point, at which location telephonic access to the meeting will be provided.

If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.

For more information, you may contact Jim Mallue at (727)570-5151, ext. 13 or Jim.Mallue@fchr.myflorida.com.