13277959, 60Y-7.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 13277959

Notice of Proposed Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Commission on Human Relations

Chapter:

INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES

Overview

RULE:

60Y-7.001

Complaints

PURPOSE:

The proposed rule amendment is sought in response to Chapter 2013-207, Laws of Florida, which became effective July 1, 2013.  The new law passed Senate Bill 1464/House Bill 1147, which amended Florida Statute, chapter 760.34, as follows:  
(4)	If, within 180 days after a complaint is filed with the commission or within 180 days after expiration of any period of reference under subsection (3), the commission has been unable to obtain voluntary compliance with ss. 760.20-760.37, the person aggrieved may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination pursuant to s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37.  If, as a result of its investigation under subsection (1), the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the person aggrieved, the Attorney General may shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of ss. 760.20-760.37.   
The U.S. Department of Housing and Urban Development (HUD) has certified that the Florida Commission on Human Relations enforces the Florida Fair Housing Act which provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act.  As a certified agency, the Florida Commission on Human Relations receives referrals of housing discrimination complaints for investigation from HUD, and in return for investigating those complaints, the Florida Commission on Human Relations receives funding from HUD.  HUD has expressed concern that the law change identified above will impact the Commission’s substantial equivalency certification because of the possibility that if the Attorney General, in its discretion, decided not to bring a civil action in the name of the state on the aggrieved person’s behalf, the aggrieved person would be left without appropriate redress and/or representation.

SUMMARY:

The proposed rule would confirm that in those circumstances where the Attorney General decides not to bring a civil action in the name of the state on the aggrieved person’s behalf, the Florida Commission on Human Relations will bring a civil action.

RULEMAKING AUTHORITY:

760.31(5), Fla. Stat.

LAW:

760.34, Fla. Stat.

PRINT PUBLISH DATE:

7/25/2013 Vol. 39/144

COMMENTS:

From 7/25/2013 To 8/15/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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