reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60X - Division of Retirement - Social Security › Chapter 60X-2 - SOCIAL SECURITY PAYMENTS ON ACCOUNT OF SICKNESS › Section 60X-2.0016 - Social Security Taxes Excluded First Six Months (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 121.031,
					 650.07 FS. Law Implemented
					 650.07 FS., Section 209, Social
					 Security Act.
New 9-9-82, Formerly 22C-2.016, 22C-2.0016, Repealed
					 10-24-11.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60X - Division of Retirement - Social Security › Chapter 60X-2 - SOCIAL SECURITY PAYMENTS ON ACCOUNT OF SICKNESS › Section 60X-2.002 - Required Constitutional or Statutory Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 121.031,
					 650.07 FS. Law Implemented
					 650.07 FS., Section 209, Social
					 Security Act.
New 9-9-79, Amended 8-26-81, 9-9-82, Formerly 22C-2.02,
					 22C-2.002, Repealed 10-24-11.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60X - Division of Retirement - Social Security › Chapter 60X-2 - SOCIAL SECURITY PAYMENTS ON ACCOUNT OF SICKNESS › Section 60X-2.0031 - Method and Authority by Which Payments May Be Excluded From Wages Subject to Social Security (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 121.031,
					 650.07 FS. Law Implemented
					 650.07 FS., Section 209, Social
					 Security Act.
New 9-9-82, Formerly 22C-2.031, 22C-2.0031, Repealed
					 10-24-11.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60X - Division of Retirement - Social Security › Chapter 60X-2 - SOCIAL SECURITY PAYMENTS ON ACCOUNT OF SICKNESS › Section 60X-2.004 - Procedures for Approving Sick Pay Plans or Payments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 121.031,
					 650.07 FS. Law Implemented
					 650.07 FS., Section 209, Social
					 Security Act.
New 9-9-79, Amended 9-9-82, Formerly 22C-2.04, 22C-2.004,
					 Repealed 10-24-11.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-1 - MEETINGS AND OPERATIONS › Section 60Y-1.002 - Conducting Proceedings by Communications Media Technology (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 120.54(5)
					 FS.
New 2-5-04, Repealed
					 3-26-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 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, Repealed 2-14-16.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.002 - The Agency

Current through Reg. 50, No. 138; July 16, 2024
The Agency is composed of the Commission and staff. The
				  Agency Head is the Commission.
Specific Authority
					 760.06(12) FS.
					 Law Implemented 760.03
					 FS.
New 11-2-78, Formerly 22T-6.02,
					 22T-6.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.003 - General Description of the Commission

Current through Reg. 50, No. 138; July 16, 2024
(1) Commissioners are appointed to staggered
				terms of 4 years, except for appointments described in subsection
				(3).
(2) 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.
(3) A Commissioner is eligible for
				reappointment.
(4) 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 practicable after the new
				Commissioners for that year have been appointed.
(5) 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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.004 - General Description of Organization and Functions of Commission Staff (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 760.06(12),
					 760.11(14),
					 760.31(5) FS.
					 Law Implemented  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, Repealed
					 3-19-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.005 - General Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 120.54,
					 760.06
					 FS.
New 11-2-78, Formerly 22T-6.05, 22T-6.005, Amended
					 12-31-03, 3-7-13, 7-12-15, Repealed
					 10-18-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.006 - Statutory Chapter and Rules

Current through Reg. 50, No. 138; July 16, 2024
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, inclusive, F.S.
(3) Section
				 509.092, F.S.
(4) Chapters 60Y-2 through 60Y-11, and
				60Y-25, F.A.C.
(5) Chapters 28-101
				through 28-106, 28-108, 28-109, F.A.C.
Rulemaking Authority
					 760.06(12),
					 760.11(14),
					 760.31(5) FS.
					 Law Implemented 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, 6-22-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.007 - Public Information and Inspection and Copying of Documents

Current through Reg. 50, No. 138; July 16, 2024
(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. Requests for information may be
				directed to the Commission's Records Management Liaison Officer
				(RMLO).
(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-5.003(9) 
				and  60Y-5.004(6),
				F.A.C.
(3) Copies of public records
				maintained by the Commission are available on the following basis:
(a) 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) Transcripts of Commission proceedings may
				be obtained by independent contract of a court reporter at the ordering party's
				expense;
(c) Payment must be made
				in advance by check or money order made payable to the Florida Commission on
				Human Relations; state agencies may pay by Journal Transfer; and,
(d) 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.state.fl.us
.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.008 - Public Access to Commission Proceedings

Current through Reg. 50, No. 138; July 16, 2024
All meetings and hearings conducted by the Commission are
				  open to the public.
Rulemaking Authority
					 13.251(13) FS.
					 Law Implemented 760.06
					 FS.
New 11-2-78, Formerly 22T-6.08,
					 22T-6.008.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.009 - List of Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
The following listed forms and instructions are hereby
				  incorporated by reference, are used by the Commission and are furnished without
				  charge. Copies may be obtained from the Commission's website
http://fchr.state.fl.us
or by
				  writing or calling the Clerk to the Commission or the Office of Customer
				  Service at the address listed in Rule
				   60Y-2.005, F.A.C., making
				  reference to the desired form by form number or title.
FORM NUMBER TITLE OR DESCRIPTION
FCHR Form 1
Technical Assistance Questionnaire for discrimination
							 complaints
FCHR Form 2
Complaint of Employment Discrimination
FCHR Form 3
Complaint of Public Accommodation
							 Discrimination
FCHR Form 4
Complaint of Housing Discrimination
FCHR Form 5
Complaint of Whistle-blower's Act Retaliation
							 Discrimination
FCHR Form 6
Petition for Relief from an Unlawful Employment
							 Practice, a Housing Discriminatory Practice or a Public Accommodations
							 Discriminatory Practice
FCHR Form 7A
Election of Rights for Employment and Public
							 Accommodations Discrimination Complaints
FCHR Form 7B
Election of Rights for Housing Discrimination
							 Complaints
FCHR Form 8
Registration of Housing for Older Persons
Use of the FCHR forms described in this section is not
				  obligatory, and any complaint or Petition for Relief from an Unlawful
				  Employment Practice, a Housing Discriminatory Practice, a Public Accommodations
				  Discriminatory Practice or a Whistle-blower's Act Retaliatory Discriminatory
				  Practice which meets the requirements of the rules of the Commission will be
				  accepted. The requirements for a complaint are set forth in subsections
				   60Y-3.001(4),
				   60Y-6.001(17),
				  Rules  60Y-10.003 and
				   60Y-5.001, F.A.C. The
				  requirements for a Petition for Relief are set forth in Rules
				   28-106.201,
				   28-106.301,
				   60Y-5.008, subsection
				   60Y-6.001(48) 
				  and Rule  60Y-8.001,
				  F.A.C.
Specific Authority
					 120.52,
					 760.06(13) FS.
					 Law Implemented 23.167,
					 120.52,
					 120.54,
					 760.06
					 FS.
New 11-2-78, Formerly 22T-6.09, 22T-6.009, Amended
					 12-31-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.010 - Notices; Contents; Posting

Current through Reg. 50, No. 138; July 16, 2024
The Commission may, from time to time, provide a notice
				  stating the general provisions of the Act concerning unlawful employment
				  practices and stating how and where complaints may be filed. When so provided
				  by the Commission, employers, employment agencies and labor organizations must
				  keep the notice posted in conspicuous places upon their
				  premises.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.06,
					 23.167
					 FS.
New 11-2-78, Formerly 22T-6.10,
					 22T-6.010.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.011 - Petitions for Variances or Waivers from Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 760.06(13) FS.
					 Law Implemented 120.542
					 FS.
New 12-31-03, Repealed
					 2-14-16.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-2 - ORGANIZATION AND GENERAL INFORMATION › Section 60Y-2.012 - Commission Orders; Numbering, Indexing; and Maintenance

Current through Reg. 50, No. 138; July 16, 2024
(1) All orders issued by the Commission shall
				be numbered and indexed.
(2) The
				orders shall be sequentially numbered and rendered using a two-part number
				separated by a dash with the first part before the dash indicating the year and
				the second part indicating the numerical sequence of the order issued for that
				year beginning with the number 001 each new calendar year. The assigned agency
				designation prefix, FCHR, shall precede the two-part number.
(3) The agency clerk shall index orders which
				shall be cumulative, updated and made accessible to the public at least each
				calendar year.
(4) Orders that
				comprise official agency action and that must be indexed pursuant to this rule
				shall be permanently maintained by the agency pursuant to the retention
				schedule approved by the Department of State.
(5) These rules regarding the indexing,
				management and availability of orders are issued pursuant to Section
				 120.533, F.S., and Chapter 1S-6,
				F.A.C., and have been approved by the Department of State pursuant to Section
				 120.53(3)(c),
				F.S. The purpose of this Rule is to provide public access to, and availability
				of, Commission Orders. The agency clerk shall assist the public in obtaining
				information pertaining to Commission Orders. The agency maintains and stores
				such orders and subject matter index in the main offices of the agency located
				in Tallahassee, Florida at the address set forth in Rule
				 60Y-2.005,
				F.A.C.
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 120.533,
					 760.06,
					 760.10(14)
					 FS.
New 12-31-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-3 - DEFINITIONS; CONSTRUCTION › Section 60Y-3.002 - Singular to Include Plural

Current through Reg. 50, No. 138; July 16, 2024
All singular terms used in a rule of the Commission shall
				  include the plural.
Specific Authority
					 760.06(12),
					 760.11(14) FS.
					 Law Implemented 760.01,
					 760.02,
					 760.03,
					 760.04,
					 760.05,
					 760.06,
					 760.07,
					 760.10,
					 760.11
					 FS.
New 11-2-78, Formerly 22T-7.02,
					 22T-7.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-3 - DEFINITIONS; CONSTRUCTION › Section 60Y-3.003 - Construction of Rules

Current through Reg. 50, No. 138; July 16, 2024
The rules of the Commission are intended to promote the
				  purposes of the Act, the efficient operation of the Commission and the orderly
				  administration of the Act. They are to be liberally construed to insure the
				  accomplishment of these purposes. The rules set forth in Chapters 60Y-1, 60Y-2,
				  60Y-3, 60Y-4 and 60Y-5, F.A.C., may in specific instances be waived, by the
				  Commission, in its discretion, for good cause shown.
Specific Authority
					 760.06(12),
					 760.11(14) FS.
					 Law Implemented 760.01,
					 760.02,
					 760.03,
					 760.04,
					 760.05,
					 760.06,
					 760.07,
					 760.10,
					 760.11
					 FS.
New 11-2-78, Amended 5-3-79, Formerly 22T-7.03,
					 22T-7.003.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(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, F.A.C.); Conciliation
				(Rule  60Y-5.005, F.A.C.);
				Administrative Dismissal (Rule
				 60Y-5.006, F.A.C.).
(3) 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.
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
					 FS.
New 11-2-78, Formerly 9D-8.01, Amended 6-16-83, Formerly
					 22T-8.01, 22T-8.001, Amended 8-22-00,
					 5-7-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.002 - Ex Parte Communications

Current through Reg. 50, No. 138; July 16, 2024
No ex parte communication relative to any pending case before
				  the Commission shall be made to any Commissioner, or hearing officer, at any
				  stage of a proceeding after the filing of a petition, by any party to the
				  proceeding, by any person who has a direct or indirect interest in the
				  proceeding, by any authorized representative or counsel. Any violation of this
				  section shall be reported, in writing, by the Commissioner or hearing officer
				  affected, and the report, which shall include a description of the substance of
				  the communication, any response, and a copy of any written communication, shall
				  be part of the record.
Specific Authority
					 760.06(12),
					 760.11(14) FS.
					 Law Implemented 120.66, 760.03, 760.06
					  760.11 FS.
New 11-2-78, Formerly 22T-8.02,
					 22T-8.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.015 - Friend of the Commission

Current through Reg. 50, No. 138; July 16, 2024
A person who does not have party status but who wishes to
				  participate in a proceeding may, by motion, request permission to participate
				  as a friend of the Commission. An order granting such a motion shall specify
				  the degree of participation permitted.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.06
					 FS.
New 11-2-78, Formerly 22T-8.15,
					 22T-8.015.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.016 - Assignment of Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) A hearing upon
				a Petition for Relief from an Unlawful Employment Practice, a Housing
				Discriminatory Practice or a Public Accommodation Practice, pursuant to Rules
				 60Y-5.008,
				 60Y-8.001 and
				 60Y-10.005, F.A.C., respectively
				shall be conducted by an Administrative Law Judge designated by the Division of
				Administrative Hearings unless, prior to service of the Notice of Hearing
				pursuant to Rule 60Y-4.021, F.A.C., the Chairperson or Chair of the Panel
				designates a Commissioner as the hearing officer or directs that the hearing be
				conducted by the Commission or Panel.
(2) A hearing upon a petition not described
				in subsection (1), shall be conducted by a hearing officer designated by the
				Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel
				directs that the hearing be conducted by the Commission or Panel.
(3) A hearing upon a petition not described
				in subsection (1) or (2), shall be conducted by a hearing officer designated by
				the Chairperson or Chair of the Panel unless the Chairperson or Chair of the
				Panel directs that the hearing be conducted by the Commission or
				Panel.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.03(5),
					 760.06
					 FS.
New 11-2-78, Formerly 9D-8.16, Amended 2-4-82, 6-16-83,
					 Formerly 22T-8.16, 22T-8.016, Amended
					 2-5-04.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.023 - Witness Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Witness fees
				necessary and incident to a hearing shall be paid by the party at whose
				instance the witness is summoned. If the Commission or the Executive Director
				directs that a witness be summoned as a Commission witness, that witness' fees
				shall be paid by the Commission. Witness fees shall be tendered, or a voucher
				submitted at the time of attendance. The fees allowed shall be the same as
				those allowed by the circuit courts of this state.
(2) Witness fees for Commission employees
				shall be paid in accordance with Section
				 92.142(2),
				F.S.
Rulemaking Authority
					 760.06 FS. Law Implemented
					 92.142,
					 120.57,
					 760.06,
					 760.10
					 FS.
New 11-2-78, Amended 2-10-80, Formerly 22T-8.23, 22T-8.023,
					 Amended 2-5-04.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.028 - Oral Argument

Current through Reg. 50, No. 138; July 16, 2024
(1) When a
				recommended order 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.
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 120.57,
					 760.06
					 FS.
New 11-2-78, Amended 8-12-85, Formerly 22T-8.28, 22T-8.028,
					 Amended 5-7-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.029 - Determination by Commission

Current through Reg. 50, No. 138; July 16, 2024
After the issuance of the hearing officer's recommended
				  order, if any, and following the filing of exceptions, briefs and presentation
				  of oral argument, if any, the Commission or Panel shall consider the record and
				  issue a written decision resolving the issues before it.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 120.59,
					 760.06,
					 760.10
					 FS.
New 11-2-78, Formerly 9D-8.29, Amended 2-4-82, Formerly
					 22T-8.29, 22T-8.029.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.030 - Appeals

Current through Reg. 50, No. 138; July 16, 2024
Appeals from final Commission action shall be in accordance
				  with Section  120.68, F.S., and the Florida
				  Rules of Appellate Procedure.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 120.68
					 FS.
New 11-2-78, Formerly 22T-8.30,
					 22T-8.030.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-4 - GENERAL PROCEDURES › Section 60Y-4.031 - Notice of Appeals

Current through Reg. 50, No. 138; July 16, 2024
When an appeal is filed in a District Court of Appeal from
				  final Commission action or from the administrative dismissal of a complaint
				  pursuant to Rule 60Y-4.006, F.A.C., all persons named in the original
				  complaint, who are not named in the appeal, shall be notified of the appeal by
				  the Clerk.
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.06,
					 760.10
					 FS.
New 11-2-78, Formerly 22T-8.31,
					 22T-8.031.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.001 - Complaints

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.0011 - Answer

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 760.11(1)
					 FS.
New 2-5-04, Amended
					 1-31-18.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.002 - Agreements of Referral of Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Executive Director is authorized to negotiate agreements of referral with
				other public agencies having authority and resources to investigate allegations
				of unlawful employment practices.
(2) The Executive Director shall consider the
				following factors in negotiating agreements of referral:
(a) The agency's legal authority to
				investigate;
(b) The agency's staff
				resources;
(c) The agency's
				performance record;
(d) The
				agency's ability to conduct an independent investigation, considering the
				potential respondents;
(e) The
				agency's willingness to adhere to Commission standards of
				investigation.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.003 - Investigation of Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1) By Whom.
				The investigation of the complaint shall be made by the Office of Employment
				Investigations or by any other person designated by the Executive Director. The
				Executive Director may utilize services of other public agencies, state, local
				or federal, which are charged with the administration of fair employment
				practice laws, and may utilize the information gathered by such.
(2) Statement of Complainant. During the
				course of an investigation, the complainant may be required to provide a
				statement which includes:
(a) A statement of
				each particular harm which the aggrieved person has suffered and the date on
				which each harm occurred;
(b) For
				each harm, a statement specifying the act, policy or practice which is alleged
				to be unlawful;
(c) For each act,
				policy, or practice alleged to have harmed the aggrieved person, a statement of
				the facts which lead the complainant to believe that the act, policy or
				practice is discriminatory.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.005 - Conciliation

Current through Reg. 50, No. 138; July 16, 2024
(1) After service of a Notice of
				Determination of Reasonable Cause pursuant to Rule
				 60Y-5.004, F.A.C., the
				Commission shall endeavor to eliminate any unlawful employment practice by
				informal methods of conference, conciliation and persuasion.
(2) The Commission shall attempt to achieve a
				just resolution of all violations found, and to obtain agreement that the
				respondent will eliminate the unlawful practice and provide appropriate
				affirmative relief. Where such conciliation attempts are successful, the terms
				of the conciliation agreement shall be reduced to writing and signed by the
				complainant, the respondent and the Executive Director or the person designated
				by the Executive Director. The original of the signed agreement shall be filed
				with the Clerk, and copies shall be served upon the respondent and the
				complainant.
(3) A duly executed
				conciliation agreement shall operate as a dismissal of the complaint; however,
				prior to the filing of the conciliation agreement, the parties may stipulate
				therein to bringing the agreement before a Panel of Commissioners. The Panel in
				its sole discretion may adopt the conciliation agreement as a consent
				order.
(4) If conciliation has not
				been signed and the complaint has not been withdrawn or dismissed within the
				time period established for filing a Petition for Relief, the Executive
				Director shall dismiss the complaint.
Specific Authority
					 760.06(13) FS.
					 Law Implemented 760.06,
					 760.10
					 FS.
New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly
					 22T-9.05, 22T-9.005, Amended
					 2-5-04.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.006 - Administrative Dismissal of a Complaint

Current through Reg. 50, No. 138; July 16, 2024
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) 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 the
				complainant has failed to file a Petition for Relief pursuant to paragraph
				 60Y-5.008(1)(b),
				F.A.C.
(5) 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) An agreement to submit to arbitration has
				been filed pursuant to Rule
				 60Y-5.009, F.A.C.;
(7) The complainant has voluntarily dismissed
				the petition for relief pursuant to subsection
				 60Y-5.008(7),
				F.A.C.;
(8) The complainant has
				voluntarily withdrawn the complaint; or
(9) There is no jurisdiction over the
				respondent or subject matter of the complaint.
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 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,
					 5-17-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.007 - Redetermination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.06,
					 760.10
					 FS.
New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.07,
					 Amended 4-20-87, Formerly 22T-9.007, Amended
					 8-5-93.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.008 - Petition for Relief from an Unlawful Employment Practice

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.009 - Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) After the filing of a complaint, the
				complainant and respondent may agree to submit the issues raised by the
				complaint or by a determination of reasonable cause to binding arbitration. The
				agreement to submit to arbitration shall be in writing and shall specify the
				procedure and law which will govern the arbitration proceeding. An executed
				copy of the agreement shall be filed with the Clerk.
(2) Unless otherwise provided in the
				agreement to submit to arbitration, the Executive Director may dismiss the
				complaint which is the subject of the agreement upon the filing of the
				agreement as provided in subsection (1).
Rulemaking Authority
					 760.06(13) FS.
					 Law Implemented 760.06,
					 760.10
					 FS.
New 11-2-78, Formerly 22T-9.09,
					 22T-9.009.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-6 - FAIR HOUSING ACT › Section 60Y-6.002 - Construction of Rules

Current through Reg. 50, No. 138; July 16, 2024
The rules of the Commission are intended to promote the
				  purposes of the Act, the efficient operation of the Commission and the orderly
				  administration of the Act. They are to be liberally construed to ensure the
				  accomplishment of these purposes.
Rulemaking Authority
					 760.31(5) FS.
					 Law Implemented 760.21
					 FS.
New 1-25-90, Formerly
					 22T-20.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-7 - INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES › Section 60Y-7.001 - Complaints

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-7 - INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES › Section 60Y-7.002 - Answer

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority
					 760.31(5) FS.
					 Law Implemented 760.34
					 FS.
New 1-25-90, Formerly 22T-21.002, Amended
					 12-31-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-7 - INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES › Section 60Y-7.003 - Referral of Complaints

Current through Reg. 50, No. 138; July 16, 2024
Wherever a local fair housing law provides rights and
				  remedies for alleged discriminatory housing practices which are substantially
				  equivalent to the rights and remedies provided in the Fair Housing Act, the
				  Commission shall notify the appropriate local agency of any complaint filed
				  under the Act which appears to constitute a violation of the local fair housing
				  law, and the Commission shall take no further action with respect to such
				  complaint if the local law enforcement official has, within 30 days from the
				  date the alleged offense was brought to the official's attention, commenced
				  proceedings in the matter. In no event shall the Commission take further action
				  unless it certifies that in its judgment, under the circumstances of the
				  particular case, the protection of the rights of the parties or the interests
				  of justice require such action.
Rulemaking Authority
					 760.31(5) FS.
					 Law Implemented 760.34
					 FS.
New 1-25-90, Formerly
					 22T-21.003.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-7 - INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES › Section 60Y-7.004 - Investigation of Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) By whom. The investigation of the
				complaints shall be made by the Office of Housing Investigations or by any
				other person designated by the Executive Director. The Executive Director may
				utilize services of other public agencies, state, local or federal, which are
				charged with the administration of fair housing practice laws, and may utilize
				the information gathered by such.
(b) Investigatory proceedings shall commence
				before the end of the 30th day after receipt of the
				complaint.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-7 - INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES › Section 60Y-7.005 - Conciliation

Current through Reg. 50, No. 138; July 16, 2024
(1) If the Commission decides to resolve the
				complaint, it shall endeavor to eliminate any discriminatory housing practice
				by informal methods of conference, conciliation and persuasion. Insofar as
				possible, conciliation meetings shall be held in the city or other locality
				where the discriminatory housing practice allegedly occurred.
(2) The Commission shall attempt to achieve a
				just resolution of all violations found, and to obtain agreement that the
				respondent will eliminate the discriminatory housing practice and provide
				appropriate affirmative relief. Where such conciliation attempts are
				successful, the terms of the conciliation agreement shall be reduced to writing
				and signed by the complainant, the respondent and the Executive Director or
				person designated by the Executive Director. The original of the signed
				agreement shall be filed with the Clerk, and copies shall be served upon the
				respondent and the complainant.
(3)
				A duly executed conciliation agreement shall operate as a dismissal of the
				complaint; however, prior to the filing of the conciliation agreement, the
				parties may stipulate therein to bringing the agreement before a Panel of
				Commissioners. The Panel in its discretion may adopt the conciliation agreement
				as a consent order.
(4) If a
				conciliation agreement has not been signed and the complaint has not been
				withdrawn or dismissed within the time period established for filing a Petition
				for Relief, the Executive Director shall dismiss the
				complaint.
Rulemaking Authority
					 760.31(5) FS.
					 Law Implemented 760.34
					 FS.
New 1-25-90, Formerly 22T-21.005, Amended 11-18-92,
					 12-31-03.