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FLORIDA

COMMISSION ON HUMAN RELATIONS

In Re: [plfName]	)
Petitioner	)
)
)
)
)
)

PETITION FOR DECLARATORY STATEMENT BEFORE THE FLORIDA COMMISSION ON HUMAN RELATIONS (FCHR)

Petitioner, [plfName], on this [d] Day of [MMM] [YYYY], respectfully petitions the Florida Commission on Human relations (hereinafter “Agency”) for a declaratory statement on [yourTopic].

Key Points:

Question	[yourQuestionToAgency]

Precedence	Florida agencies have ruled on similar petitions

Table of Contents:

Context	2nd Page
Comment	3rd Page
Certificates	7th Page
Exhibits	8th Page

Background:	Petitioner is preparing [toDoSomething]

Problem:	Petitioner is unsure how [theAgencyWillTreatHisAction]

Request:	The Agency declares how its rules should guide Petitioner

28-105.001 | Florida Administrative Code | Purpose and Use

“A petition for declaratory statement may be used to resolve questions or doubts as to how the [rules] apply to the petitioner’s particular circumstances.”

§120.565(2) | Florida Statutes (2020)

“The petition seeking declaratory statement shall state with particularity the petitioner’s set of circumstances and shall specify the statutory provision, rule, or order that the petitioner believes may apply to the set of circumstances”

Precedence

BC DCA04-DEC-040	- Case Law (8/9/16)

DH 17-1605-D5-MQA	- Case Law (8/30/17)

DBPR 2018-08595	- Case Law (12/3/18)

Florida Agencies recently made declaratory statements

Abbreviations

BC	-	Florida Building Commission (part of DBPR)
DBPR	-	Department of Bus. and Professional Regulation
DH	-	Department of Health
FAC	-	Florida Administrative Code
FCHR	-	Florida Commission on Human Relations
FS	-	Florida Statute

PETITION

This Petitions is brought pursuant to §120.565 FS and 28-105 (FAC). The basics are as follows:

1	CAPTION	Petition for Declaratory Statement Before the FCHR

2	PETITIONER	[plfName]
Address:	[plfAddy]
Email:	[plfEml]
Phone:	[plfPhn]
Fax:	[plfFax]

3	COUNSEL	n/a

4	LAW	[statuteInControvery]
Relevant Excerpt (emphasis added):	“[quoteStatute001]”

5	IMPACT	[describeImpact]
Explanation:	See “Circumstances” (Page 4)

6	SIGNATURE	[insertHandwrittenSignature]
[plfName], Petitioner

7	DATE	[M]/[D]/[YYYY]

QUESTION PRESENTED

Petitioner asks the Agency, “[questionToAgency]?”

CIRCUMSTANCES

Facts

[fact001]

[fact002]

[fact003]

[fact004]

[fact005]

Law

Chapter 760 of the Florida Statutes provides the legal authority for investigations into discrimination. §760.06 (FS) states the following (emphasis added):

“Powers of the Commission – Within the limitations provided by law, the commission shall have the following powers: ...(5) to receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice...”

§760.06(4) continues to state that the Agency can accept gifts/bequests:

“... the [Agency] shall have the [powers to] accept gifts, bequests, grants, or other payments, public or private...”

According to Chapter 760, the FCHR has jurisdiction over this matter. Furthermore, it has authority to issue a Final Order pursuant to §120.565 (FS) and Rule 28-105 (FAC).

“... reasoning employed by the agency in support of a declaratory statement may be useful guidance to others who are likely to interact with the agency in similar circumstances.” Chiles v. Dep’t of State, Div. of Elections, 711 So. 2d 151, 154-55 (Fla. 1st DCA 1998)”

Application

[connection001]

[connection002]

[connection004]

This scenario – where a civilian questions a statutory right – is precisely the scenario that the declaratory statement is designed to cure. See Rosekrantz v Feit, 81 So. 3d 526 (Fla. 3rd DCA 2012).

“The purpose of a declaratory statement is to resolve a controversy or answer questions concerning the applicability of statutes which an administrative agency enforces, adopts, or enters”

Citizens v. Florida PSC, 164 So.3d 58 (Fla. 1st DCA 2015)

Moreover, Petitioner has demonstrated that he has standing for a declaratory statement. In Couch v State, 377 So. 2d 32 (Fla. 1st DCA 1979), the First District Court of Appeals established a two-part test for determining whether an administrative agency (ie, the FCHR) must provide a declaratory statement.

Part One: a movant must show bona fide doubt/dispute

Part Two: the court must be incapable of resolving the dispute

Petitioner satisfied ‘Part One’ by [explainHow001]. He also satisfied ‘Part Two’ by [explainHow002].

SUMMARY

Petitioner desires a determination of his rights, duties, and a declaration from the FCHR regarding the [controversySummary].

CONCLUSION

WHEREFORE, pursuant to §120.565 (FS) and Rule 28-105 (FAC), Petitioner respectfully requests a declaration on [howTheAgencyWillTreatPetitioner’sSituation].

Dated this [D] day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

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CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I emailed the foregoing to the people on the service list:

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Petitions/DeclaratoryStatement.html

SERVICE LIST

[clerkName], Agency Clerk [fNameC].[lNameC]@fchr.myflorida.com Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (agency)
Cheyanne Costilla, Executive Director cheyanne.costilla@fchr.myflorida.com Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (agency)

EXHIBIT A

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