Florida Administrative Code

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History-New 9-9-79, Amended 9-9-82, Formerly 22C-2.04, 22C-2.004, Repealed 10-24-11.

Rulemaking Authority 760.06(12) FS. Law Implemented 120.54(5) FS. History-New 2-5-04, Repealed 3-26-17.

These rules implement the statutory provisions which make it unlawful discrimination for the operator of a public lodging establishment or a public food service establishment to refuse accommodation or service to any person when the refusal is based upon race, creed, color, sex, …

The public lodging establishments covered by these rules are those defined in Sections 509.013(4) and 760.02(11), F.S. The public food service establishments covered by these rules are those defined in Sections 509.013(5) and 760.02(11), F.S. All other establishments defined in S…

(1) Any person aggrieved by a violation of Section 509.092, F.S. (1991), may file a complaint with the Commission within 365 days of the alleged violation. The Commission, a commissioner, or the Attorney General may, in like manner, file such a complaint. A commissioner who files…

(1) Within five (5) days of a complaint being filed, the Commission shall by registered mail send a copy of the complaint to the establishment that allegedly committed the violation. A copy of Section 760.11, F.S. (1992 Supp.), may also be provided in the mail. (2) The Commission…

Other rules adopted by the Commission, namely Chapters 60Y-3, 60Y-4 and 60Y-5, F.A.C., shall be the rules governing a proceeding under this chapter to the extent that such other rules do not contradict a specific provision herein. Rulemaking Authority 760.06(12), 760.11 FS. Law I…

These rules implement the statutory provisions which make it unlawful for any agency or independent contractor to take retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor under Se…

State agencies, as defined in Section 216.011, F.S., or an independent contractor under contract to a state agency, and their employees. Rulemaking Authority 120.54, 760.06(12) FS. Law Implemented 112.3187-.31895 FS. History-New 1-1-04.

(1) Any person aggrieved by a violation of Section 112.3187, F.S., may file a complaint with the Commission within 60 days of the alleged violation. (2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and ide…

(1) Within five working days of a complaint being filed, the Commission shall acknowledge receipt of the complaint and send a copy of the complaint and any other preliminary information available concerning the disclosure of information under Section 112.3187, F.S., to the other …

Other rules adopted by the Commission, namely Chapters 60Y-3, 60Y-4 and 60Y-5, F.A.C., shall be the rules governing a proceeding under this chapter to the extent that such other rules do not contradict a specific provision herein. Rulemaking Authority 120.54, 760.06(12) FS. Law I…

Rulemaking Authority 760.06(12) FS. Law Implemented 760.01(2), 760.03, 760.05 FS. History-New 11-2-78, Amended 8-12-85, Formerly 22T-6.01, 22T-6.001, Amended 12-31-03, Repealed 2-14-16.

The Agency is composed of the Commission and staff. The Agency Head is the Commission. Rulemaking Authority 760.06(12) FS. Law Implemented 760.03 FS. History-New 11-2-78, Formerly 22T-6.02, 22T-6.002.

(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 succee…

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. History-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.

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…