Florida Administrative Code

Rulemaking Authority 760.06(12) FS. Law Implemented 120.54, 760.06 FS. History-New 11-2-78, Formerly 22T-6.05, 22T-6.005, Amended 12-31-03, 3-7-13, 7-12-15, Repealed 10-18-17.

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 1…

(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 co…

All meetings and hearings conducted by the Commission are open to the public. Rulemaking Authority 13.251(13) FS. Law Implemented 760.06 FS. History-New 11-2-78, Formerly 22T-6.08, 22T-6.008.

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 …

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…

Rulemaking Authority 120.54, 760.06(13) FS. Law Implemented 120.542 FS. History-New 12-31-03, Repealed 2-14-16.

(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 seque…

These rules clarify terms used with regard to handicap accessibility and exceptions from accessibility requirements based on terrain or site characteristics. These rules maintain the substantial equivalency between the relevant federal standards and the state requirements. Specif…

The Commission adopts by reference 24 C.F.R. Section 100.202, F.S., as published in the Federal Register on Monday, January 23, 1989. Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History-New 11-2-92.

The Commission adopts by reference 24 C.F.R. Section 100.203, F.S., as published in the Federal Register on Monday, January 23, 1989. Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History-New 11-2-92.

The Commission adopts by reference 24 C.F.R. Section 100.204, F.S., as published in the Federal Register on Monday, January 23, 1989. Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History-New 11-2-92.

The Commission adopts by reference 24 C.F.R. Section 100.205, F.S., as published in the Federal Register on Monday, January 23, 1989. Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History-New 11-2-92.

The Commission adopts by reference 24 C.F.R. Chapter I, Subchapter A, Appendix II, as published in the Federal Register on March 6, 1991, entitled "Fair Housing Accessibility Guidelines." Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History-New …

The Commission adopts by reference relevant portions of 24 C.F.R. Chapter I, Subchapter A, Appendix II. (See Section 5 Guidelines, Requirement 1), as published in the Federal Register on March 6, 1991, entitled "Fair Housing Accessibility Guidelines." Specific Authority 120.543, …

As used in the rules of the Commission: (1) "Act" means the Florida Civil Rights Act of 1992, as amended; Chapter 760, F.S. (2) "Chairperson" or "Chair" means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate. (3) "Clerk" means the person de…

All singular terms used in a rule of the Commission shall include the plural. Rulemaking 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. History-New 11-2-78, Formerly 22T-7.02, 22T-7.002.

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) 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-5.00…

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 …

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(…

(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 desig…

(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. W…

(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…

After the issuance of the administrative law judge's or 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 …

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. History-New 11-2-78, Formerly 22T-8.30, 22T-8.030.

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-5.006, F.A.C., all persons named in the original complaint, who are not named in the appeal, shall be notified of the appeal…

(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 …

(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…

(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 agree…

(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 w…

(1) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the Office of Employment Investigations shall report the investigation, with recommendation, to the Office of General Counsel. The Office of General Counsel shall review the report and shal…

(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 a…

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…

(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 w…

(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 …

As used in the rules of the Commission: (1) "Accessible," when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered and used by individuals…

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. …

(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 fi…

(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) …

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 fi…

(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 …

(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 …

(1) Petition. A complainant may file a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of a Notice of Determination (No Cause) or Notice of Determination (Cause). The Executive Director on behalf of the Commission may institute an action by fi…

The purpose of the housing for older persons exemption to the general prohibition against discrimination because of familial status is to protect families with children from discrimination in housing without unfairly limited housing choices for older persons. Chapter 60Y-9, F.A.C…

(1) Nothing in this chapter limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (2) The prohibition against discrimination on the basis of familial status makes it unlawful to a…

The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing provided under any federal or state program that the Secretary of Housing and Urban Development and/or the commission determines is specifically designed and operated to assist eld…

(1) The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. (2) Housing satisfies the requirements of this section even though: (a) There are persons residing in su…

(1) The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing complies with 24 C.F.R. part 100 as published in the Fed…

(1) With respect to commission certification that a housing facility meets the foregoing requirements relating to housing for older persons, no designated precertification procedure is available. (2) The commission, however, is authorized to issue a declaratory statement regardin…