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FLORIDA

COMMISSION ON HUMAN RELATIONS

[plfName]	)
Appellant	)
)	FCHR Case No:	[fchrNo]
v.	)	DOAH Case No:	[doahNo]
)	Order No:	[ordNo]
[defName]	)
Appellee	)

APPELLANT’S DIRECTIONS TO THE LOWER TRIBUNAL CLERK

Appellant, [plfName], on this [d] day of [MMM] [YYYY], hereby directs the Clerk – of the Florida Commission on Human Relations (hereinafter “Agency”) – to include [all/certain] documents from the record described in Rule 9.190(c)(2) Fla. R. App. P. which were filed in Appellant’s administrative proceeding. That proceeding resulted in the Agency’s rendering of Final Order [ordNo].

Key Points:

Material	[Entire/Limited] record

Precedence	FCHR has previously prepared records on appeal

Table of Contents:

Context	2nd Page
Request	3rd Page
Certificates	4th Page

Background:	Appellant appealed the FCHR’s final order

Problem:	The FCHR has not served/transmitted the index/record

Request:	The FCHR prepares and submits the entire record

9.190(c)(2)(A) | Fla. R. App. P. | The Record (highlights added)

“the record shall consist of all notices, pleadings, motions, and intermediate rulings... any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted...”

9.190(c)(2)(b) | Fla. R. App. P. | The Record (highlights added)

“the record shall consist of the notice and summary of grounds; evidence received; all written statements submitted; any decisions overruling objections; all matters placed on the record after an ex parte communication; the official transcript; and any decision, opinion, order, or report by the presiding officer.”

9.190(c)(2)(C) | Fla. R. App. P. | The Record (highlights added)

“In an appeal from any proceeding pursuant to section 120.565, Florida Statutes, the record shall consist of the petition seeking a declaratory statement... and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule...”

9.200(a)(1) | Fla. R. App. P. | Contents of the Record

“...the record shall consist of all documents filed in the lower tribunal, all exhibits that are not physical evidence, and any transcript(s) of proceedings filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, and other discovery.”

Precedence

FCHR Case No 95-J752

FCHR Case No 96-A100

FCHR Case No 96-L298

FCHR Case No 98-1929

FCHR Case NO 2005-00868

FCHR Case NO 2015-01795

FCHR has previously prepared records on appeal

Abbreviations

FCHR	-	Florida Commission on Human Relations

DIRECTIONS TO CLERK

Procedural History

On [mmmX] [ddX], [YYYYX], Appellant filed his Notice of Appeal with the Agency.

As of today’s date ([M]/[D]/[YY]), the Agency has neither (a) served the index to either party; nor (b) transmitted the record to the appellate court.

Record

Pursuant to Rule 9.190 and 9.200 (Fla. R. App. P.), lower tribunal clerks must (a) serve the index on the parties; and (b) transmit the record to the appellate court. In fact, the judiciary expects clerks to complete this ministerial act almost-automatically:

“...as soon as the notice is filed the clerk of the lower tribunal will prepare and transmit the complete record of the case...”

- Rule 9.200 Fla. R. App. P | Committee Notes | 1977

CONCLUSION

WHEREFORE, Appellant respectfully asks the Clerk of the Florida Commission on Human Relations to include the entire record from this appealed matter.

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

Respectfully submitted,

/s/ [plfName]

[plfName], Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

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/DirectClerk.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)

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