The rule amendments seek to clarify the Florida Commission on Human Relations' amendment process.

 

DEPARTMENT OF MANAGEMENT SERVICES

Commission on Human Relations

RULE NO.:RULE TITLE:

60Y-5.001Complaints

PURPOSE AND EFFECT: The rule amendments seek to clarify the Florida Commission on Human Relations' amendment process.

SUBJECT AREA TO BE ADDRESSED: Discrimination investigations by the Florida Commission on Human Relations.

RULEMAKING AUTHORITY: 760.06(12) and (14), F.S.

LAW IMPLEMENTED: 760.06, 760.10, 760.11(1), F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Casey Snipes, Florida Commission on Human Relations, 4075 Esplanade Way, Suite 110, Tallahassee, FL 32399, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60Y-5.001 Complaints.

(1) through (2) No change. 

(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) through (6) No change. 

(7) Amendments.

(a) A complaint may be reasonably and fairly amended within 60 days after filing and, thereafter, for good cause with the consent of the Executive Director upon disccovery  of new facts or upon a finding that information previously provided by the respondent was misrepresented.

(b) A complaint may be amended to cure technical defects, or omissions, other than a missing signature or including verification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional unlawful employment practice related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2), the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(8) through (10) No change. 

Specific Authority 760.06(12), 760.11(14) FS. Law Implemented 760.06, 760.10, 760.11(1) FS. History–New 11-2-78, Amended 10-4-82, Formerly 22T-9.01, 22T-9.001, Amended 1-28-99, 2-23-00, 2-5-04, xx-xx-xx.