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Florida Statutes

Fla. Stat. § 760.06 (2025)

Powers of the commission.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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760.06 Powers of the commission.—Within the limitations provided by law, the commission shall have the following powers:
(1) To maintain offices in the State of Florida.
(2) To meet and exercise its powers at any place within the state.
(3) To promote the creation of, and to provide continuing technical assistance to, local commissions on human relations and to cooperate with individuals and state, local, and other agencies, both public and private, including agencies of the Federal Government and of other states.
(4) To accept gifts, bequests, grants, or other payments, public or private, to help finance its activities.
(5) To receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice, as defined by the Florida Civil Rights Act of 1992.
(6) To issue subpoenas for, administer oaths or affirmations to and compel the attendance and testimony of witnesses or to issue subpoenas for and compel the production of books, papers, records, documents, and other evidence pertaining to any investigation or hearing convened pursuant to the powers of the commission. In conducting an investigation, the commission and its investigators shall have access at all reasonable times to premises, records, documents, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. The authority to issue subpoenas and administer oaths may be delegated by the commission, for investigations or hearings, to a commissioner or the executive director. In the case of a refusal to obey a subpoena issued to any person, the commission may make application to any circuit court of this state, which shall have jurisdiction to order the witness to appear before the commission to give testimony and to produce evidence concerning the matter in question. Failure to obey the court’s order may be punished by the court as contempt. If the court enters an order holding a person in contempt or compelling the person to comply with the commission’s order or subpoena, the court shall order the person to pay the commission reasonable expenses, including reasonable attorneys’ fees, accrued by the commission in obtaining the order from the court.
(7) To recommend methods for elimination of discrimination and intergroup tensions and to use its best efforts to secure compliance with its recommendations.
(8) To furnish technical assistance requested by persons to facilitate progress in human relations.
(9) To make or arrange for studies appropriate to effectuate the purposes and policies of the Florida Civil Rights Act of 1992 and to make the results thereof available to the public.
(10) To become a deferral agency for the Federal Government and to comply with the necessary federal regulations to effect the Florida Civil Rights Act of 1992.
(11) To render, at least annually, a comprehensive written report to the Governor and the Legislature. The report may contain recommendations of the commission for legislation or other action to effectuate the purposes and policies of the Florida Civil Rights Act of 1992.
(12) To adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of the Florida Civil Rights Act of 1992 and govern the proceedings of the commission, in accordance with chapter 120.
(13) To receive complaints and coordinate all activities as required by the Whistle-blower’s Act pursuant to ss. 112.3187-112.31895.
History.—s. 5, ch. 69-287; s. 3, ch. 72-48; s. 1, ch. 75-232; s. 5, ch. 77-341; s. 5, ch. 92-177; s. 4, ch. 92-282; s. 26, ch. 99-333.
Note.—Former ss. 13.251, 23.166.
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1985–2022 · leading case: Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000).
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Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000). · cites it 2× “To further these ends, in section 760.06 the Legislature, created the Florida Commission on Human Relations.”
Glass v. Captain Katanna's, Inc., 950 F. Supp. 2d 1235 (M.D. Fla. 2013). · cites it 4× “§ 760.06 Fla. Stat. (2012). . E.g., McNight v.”
Crane v. Lifemark Hosp. of Fla., Inc., 149 So. 3d 718 (Fla. 3d DCA 2014). · cites it 2× “Because the Commission is charged by the Legislature to investigate complaints of discrimination under the Florida Civil Rights Act, section 760.06(5), Florida Statutes (2011), its interpretation of the Act is entitled to due deference from this court.”
Carter v. Health Mgmt. Assocs., 989 So. 2d 1258 (Fla. 2d DCA 2008). “In the exercise of its role under the FCRA, the FCHR has taken the position that "[w]hile there is no specific prohibition against discrimination based on pregnancy in the [FCRA], pregnancy-based discrimination is prohibited by the [FCRA] within the context of `sex'…”
Reedy v. State of Fla., Dept. of Educ., 605 F. Supp. 172 (N.D. Fla. 1985). · cites it 2× “See, Fla.Stat. § 760.06(11) (1983). Florida Commission on Human Relations investigated plaintiff’s charge and referred it to the Division of Administrative Hearings.”
ANDELA v. Univ. of Miami, 692 F. Supp. 2d 1356 (S.D. Fla. 2010). “See §§ 760.06, 760.11, Fla. Stat. (FCHR and ALJ jurisdiction); 42 U.”
Robinson v. Power Pizza, Inc., 993 F. Supp. 1458 (M.D. Fla. 1998). · cites it 2× “092, has created such an authority, the Florida Commission on Human Relations (“Florida Commission”), which is empowered to “receive, initiate, seek to conciliate, hold hearings on, and act upon complaints alleging discriminatory practice.”
The Florida Bar Re Amendments to Rules, 624 So. 2d 720 (Fla. 1993). · cites it 2× “See § 760.06, Fla. Stat. (1991). Finally, the Bar has neither the expertise nor the resources to undertake the massive investigatory and disciplinary effort that would be necessary to accomplish the objectives of the proposals.”
Mason v. K Mart Corp., 1 F. Supp. 2d 1333 (M.D. Fla. 1998). · cites it 2× “” Fla. Stat § 760.06(5). The FCRA also mandates that it shall be construed “liberally” and according to the “fair import of its terms.”
Segura v. Hunter Douglas Fabrication Co., 184 F. Supp. 2d 1227 (M.D. Fla. 2002). “§ 12101 (“ADA”), the *1228 Florida Civil Rights Act, §§ 760.06-760.11. Fla.Stat. (“FCRA”), and the Family and Medical Leave Act, 29 U.”
State, Dept. of Transp. v. Florida Com'n on Human Relations, 867 So. 2d 489 (Fla. 1st DCA 2004). · cites it 2× “001(4), Florida Administrative Code, is adopted pursuant to the Florida Civil Rights Act, section 760.06(12), Florida Statutes (2002), and is applicable to proceedings under that act.”
Publix Supermarkets, Inc. v. FLA. COM'N ON H. REL., 470 So. 2d 754 (Fla. 1st DCA 1985). · cites it 6× “" Pursuant to section 760.06(13), [1] the commission adopted rules to implement that authority.”
Show all 17 citing cases →
— 760.06(11) — 1 case
Reedy v. State of Fla., Dept. of Educ., 605 F. Supp. 172 (N.D. Fla. 1985). “See, Fla.Stat. § 760.06(11) (1983). Florida Commission on Human Relations investigated plaintiff’s charge and referred it to the Division of Administrative Hearings.”
— 760.06(12) — 1 case
State, Dept. of Transp. v. Florida Com'n on Human Relations, 867 So. 2d 489 (Fla. 1st DCA 2004). “001(4), Florida Administrative Code, is adopted pursuant to the Florida Civil Rights Act, section 760.06(12), Florida Statutes (2002), and is applicable to proceedings under that act.”
— 760.06(13) — 1 case
Publix Supermarkets, Inc. v. FLA. COM'N ON H. REL., 470 So. 2d 754 (Fla. 1st DCA 1985). “" Pursuant to section 760.06(13), [1] the commission adopted rules to implement that authority.”
— 760.06(5) — 8 cases
Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000). “To further these ends, in section 760.06 the Legislature, created the Florida Commission on Human Relations.”
Crane v. Lifemark Hosp. of Fla., Inc., 149 So. 3d 718 (Fla. 3d DCA 2014). “Because the Commission is charged by the Legislature to investigate complaints of discrimination under the Florida Civil Rights Act, section 760.06(5), Florida Statutes (2011), its interpretation of the Act is entitled to due deference from this court.”
Carter v. Health Mgmt. Assocs., 989 So. 2d 1258 (Fla. 2d DCA 2008). “In the exercise of its role under the FCRA, the FCHR has taken the position that "[w]hile there is no specific prohibition against discrimination based on pregnancy in the [FCRA], pregnancy-based discrimination is prohibited by the [FCRA] within the context of `sex'…”
Glass v. Captain Katanna's, Inc., 950 F. Supp. 2d 1235 (M.D. Fla. 2013). “§ 760.06 Fla. Stat. (2012). . E.g., McNight v.”
Mason v. K Mart Corp., 1 F. Supp. 2d 1333 (M.D. Fla. 1998). “” Fla. Stat § 760.06(5). The FCRA also mandates that it shall be construed “liberally” and according to the “fair import of its terms.”
— 760.06(6) — 1 case
Florida Comm'n on Human Relations v. Parrish Mgmt., Inc., 682 So. 2d 159 (Fla. 1st DCA 1996).
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