Florida/Georgia Personal Injury & Workers Compensation

...tive capacities, to secure the state against domestic strife and unrest, *437 to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. To further these ends, in section 760.06 the Legislature, created the Florida Commission on Human Relations....

...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. See § 760.06(5)-(6)....

...tional origin. Plaintiff filed the same charge with the EEOC on July 26, 1979, under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq. ). Florida Commission on Human Relations is a deferral agency under Title VII. See, Fla.Stat. § 760.06(11) (1983)....

...Power Agency, 789 So.2d 320, 323 (Fla.2001) (citing Donato v. Am. Tel. Tel. Co., 767 So.2d 1146, 1153 (Fla.2000)). The FCHR is authorized "[t]o receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice, as defined by the [FCRA]." § 760.06(5)....

..., or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. Under section 760.02 the term "employer" is defined to include the state or any governmental entity or agency. Section 760.06 endows the Commission with the power to: (5) To receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice, as defined by ss....

...Second, the proposals would apparently require the Bar to investigate employment discrimination claims without any clearcut standards of what constitutes a violation. Moreover, this role would be duplicative of that served by the Florida Commission on Human Relations. See § 760.06, Fla....

...Nevertheless, Defendant concludes that the FCHR does not have jurisdiction over Title VII retaliation claims and thus the 180 day time period applies. The Court disagrees. The FCHR has the power to "act upon complaints alleging any discriminatory practice[] as defined by the Civil Rights Act of 1992." Fla. Stat § 760.06(5)....

...otherwise advised of the premises, the Court finds the Motion to Dismiss should be denied. Plaintiff in this action brings claims under Title I of the Americans with Disabilities Act, 42 U.S.C. § 12101 ("ADA"), the *1228 Florida Civil Rights Act, §§ 760.06-760.11....

...nvalidity of rule 22T-9.08(1), Florida Administrative Code, as amended by the Florida Commission on Human Relations (commission). We affirm. Under the Human Rights Act of 1977, sections 760.01-760.10, Florida Statutes, the commission is empowered by section 760.06(5) "[t]o receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice... ." Pursuant to section 760.06(13), [1] the commission adopted rules to implement that authority....

...In its petition, Publix argues that the rule is an invalid exercise of delegated legislative authority, as contravening legislative intent and causing an arbitrary and capricious result. It alleges that the commission is authorized only to investigate complaints of unlawful employment practices under section 760.06(5), that a finding of no reasonable cause does not "implicate the `substantial interest' of the charging party so as to fall within the strictures of Section 120.57," and that the amended rule is therefore "contrary to the statutory pu...

...party, thereby calling into play the remedies *756 found in section 120.57. He concluded that although the amended rule adds an additional investigatory step by way of a petition for redetermination, it is "in harmony with the statute," particularly section 760.06(5) allowing the commission to "investigate ......

...See also Hasper v. Department of Labor & Employment Security, 459 So.2d 400, 402 (Fla 1st DCA 1984). The hearing officer correctly concluded that the rule is not arbitrary and capricious, and does conform to the commission's statutory authority in section 760.06(5), to "investigate ......

...rmless error. The amended rule simply implements existing procedure under chapter 120. For the foregoing reasons, the opinion of the hearing officer denying Publix' challenge to rule 22T-9.08(1) is AFFIRMED. SMITH and SHIVERS, JJ., concur. NOTES [1] Section 760.06(13) authorizes the commission "[t]o adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of ss....

...was aggrieved by a violation of the Florida Civil Rights Act, sections 760.01 through 760.11, to file a complaint with the Commission, which must then determine whether there is reasonable cause to believe that a discriminatory practice occurred. By section 760.06(5), Florida Statutes (2010), the legislature empowered the Commission to “receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice” prohibited by the Act....

...accommodation’ as defined by the Florida Civil Rights Act.”), aff’d, Mena v. Lifemark Hosp. of Fla., Inc., 109 So. 3d 787 (Fla. 1st DCA 2013). 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....

...CRA on the issue of pregnancy discrimination .... The [Commission] is authorized “[t]o receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice, as defined by the [FCRA].” § 760.06(5) Fla....

...t.” Fla. Dep’t of Revenue v. Fla. Mun. Power Agency, 789 So.2d 320, 323 (Fla.2001) (citing Donato v. Am. Tel. Tel. Co., 767 So.2d 1146, 1153 (Fla.2000)). The Commission is a Florida administrative agency taxed with enforcing the FCRA in Florida. § 760.06 Fla....

...Further, the date of Curtis' complaint cannot be related-back to the date a similar complaint was filed by a DOT employee, Mavis Georgalis, because the administrative rule providing for this relation back doctrine, rule 60Y-5.001(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....

...sue a judicial remedy pursuant to section 760.11(4), Florida Statutes (1993). 1 DOAH further found that the Commission may not delegate substantive powers vested specifically with the agency head to the executive director. DOAH reasoned that because section 760.06, which sets forth the powers of the Commission, expressly allows delegation by the Commission to a commissioner or the executive director of authority to issue subpoenas and administer oaths, the Commission is limited to that delegation and may not delegate its other powers and duties to the executive director....

...tary limitations.” § 760.03(7), Fla. Stat. Clearly the legislative intent is to allow the Commission to delegate to the executive director the authority necessary to adequately “perform the functions of the commission.” Appellee contends that section 760.06(6) restricts the delegation of the Commission’s power to those activities specifically mentioned; however, when read in pari materia with section 760.03(7), that section cannot be so limited....

...O'Riorden, Mann, Ingram & Dunkle, P.A., No. 97-2253-Civ-T-25A (M.D.Fla. Nov. 6, 1998). There, the EEOC's determination triggered the one-year court-filing deadline under the FCRA. [4] See 1999 Fla.Sess.Law Serv. 6 (West) (in chapter 99-333 § 26, legislature added to section 760.06 a subsection regarding the powers of the commission)....