Florida Statute 760.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.06

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.

F.S. 760.06 on Google Scholar

F.S. 760.06 on Casetext

Amendments to 760.06

Arrestable Offenses / Crimes under Fla. Stat. 760.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.06.

Annotations, Discussions, Cases:

Cases Citing Statute 760.06

Total Results: 12

Crane v. Lifemark Hosp. of Fla., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 149 So. 3d 718, 2014 Fla. App. LEXIS 16840, 2014 WL 5151621

Snippet: discrimination under the Florida Civil Rights Act, section 760.06(5), Florida Statutes (2011), its interpretation

McGuire v. Peabody Hotel Group

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 99 So. 3d 984, 2012 WL 4748147, 2012 Fla. App. LEXIS 17010

Snippet: a discriminatory practice occurred. By section 760.06(5), Florida Statutes (2010), the legislature empowered

Carter v. HEALTH MANAGEMENT ASSOCIATES

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-12T00:53:00-07:00

Citation: 989 So. 2d 1258

Snippet: discriminatory practice, as defined by the [FCRA]." § 760.06(5). In the exercise of its role under the FCRA,

State, Dept. of Transp. v. Florida Com'n on Human Relations

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-19T23:53:00-08:00

Citation: 867 So. 2d 489

Snippet: pursuant to the Florida Civil Rights Act, section 760.06(12), Florida Statutes (2002), and is applicable

Joshua v. City of Gainesville

Court: Fla. | Date Filed: 2000-08-31T00:00:00-07:00

Citation: 768 So. 2d 432

Snippet: within the state. To further these ends, in section 760.06 the Legislature, created the Florida Commission…for the furtherance of the investigation. See § 760.06(5)-(6). Furthermore, the Legislature's desire

Florida Commission on Human Relations v. Parrish Management, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-15T00:00:00-07:00

Citation: 682 So. 2d 159, 1996 Fla. App. LEXIS 8644, 69 Empl. Prac. Dec. (CCH) 44,290, 1996 WL 464146

Snippet: executive director. DOAH reasoned that because section 760.06, which sets forth the powers of the Commission,…the commission.” Appellee contends that section 760.06(6) restricts the delegation of the Commission’s

Florida Leisure v. Florida Com'n on Hr

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-08T00:53:00-07:00

Citation: 639 So. 2d 1028

Snippet: to seek to conciliate employment disputes. See 760.06(5), Fla. Stat. (1993). Florida Leisure has not

The Florida Bar Re Amendments to Rules

Court: Fla. | Date Filed: 1993-07-01T00:53:00-07:00

Citation: 624 So. 2d 720

Snippet: the Florida Commission on Human Relations. See § 760.06, Fla. Stat. (1991). Finally, the Bar has neither

Publix Supermarkets, Inc. v. FLA. COM'N ON H. REL.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-29T00:53:00-07:00

Citation: 470 So. 2d 754

Snippet: Statutes, the commission is empowered by section 760.06(5) "[t]o receive, initiate, investigate, seek…discriminatory practice... ." Pursuant to section 760.06(13),[1] the commission adopted rules to implement… of unlawful employment practices under section 760.06(5), that a finding of no reasonable cause does …harmony with the statute," particularly section 760.06(5) allowing the commission to "investigate…commission's statutory authority in section 760.06(5), to "investigate ... hold hearings on,

Housing Authority v. Billingslea

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-02T23:53:00-08:00

Citation: 464 So. 2d 1221

Snippet: state or any governmental entity or agency. Section 760.06 endows the Commission with the power to: (5) To

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-10-22T00:53:00-07:00

Snippet: The powers of the commission, as set forth in s 760.06, F.S., include the power: To promote the creation

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1959-08-06T00:53:00-07:00

Citation: 114 So. 2d 197

Snippet: Boyd v. Gosser, 1919, 78 Fla. 64, 70, 82 So. 758, 760, 6 A.L.R. 500, has alluded to the fact that handwriting