The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

View Entire Chapter

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 from cite.case.law:

STROBER, v. PAYLESS RENTAL CAR,, 701 F. App'x 911 (11th Cir. 2017)

. . . . §§ 760.03, 760.06, 760.08, 760.11. . . . .

CRANE, v. LIFEMARK HOSP. OF FLA. INC., 149 So. 3d 718 (Fla. Dist. Ct. App. 2014)

. . . Legislature to investigate complaints of discrimination under the Florida Civil Rights Act, section 760.06 . . .

GLASS, v. CAPTAIN KATANNA S, INC., 950 F. Supp. 2d 1235 (M.D. Fla. 2013)

. . . .” § 760.06(5) Fla. Stat. . . . The Commission is a Florida administrative agency taxed with enforcing the FCRA in Florida. § 760.06 . . .

McGUIRE, v. PEABODY HOTEL GROUP,, 99 So. 3d 984 (Fla. Dist. Ct. App. 2012)

. . . By section 760.06(5), Florida Statutes (2010), the legislature empowered the Commission to “receive, . . .

B. ANDELA, v. UNIVERSITY OF MIAMI,, 461 F. App'x 832 (11th Cir. 2012)

. . . . § 760.06; id. § 760.10. . . .

B. ANDELA, v. UNIVERSITY OF MIAMI,, 692 F. Supp. 2d 1356 (S.D. Fla. 2010)

. . . See §§ 760.06, 760.11, Fla. Stat. . . .

J. CARTER, v. HEALTH MANAGEMENT ASSOCIATES, d b a, 989 So. 2d 1258 (Fla. Dist. Ct. App. 2008)

. . . .” § 760.06(5). . . .

STATE, DEPARTMENT OF TRANSPORTATION, v. FLORIDA COMMISSION ON HUMAN RELATIONS, 867 So. 2d 489 (Fla. Dist. Ct. App. 2004)

. . . 5.001(4), Florida Administrative Code, is adopted pursuant to the Florida Civil Rights Act, section 760.06 . . .

J. SEGURA, v. HUNTER DOUGLAS FABRICATION COMPANY,, 184 F. Supp. 2d 1227 (M.D. Fla. 2002)

. . . . § 12101 (“ADA”), the Florida Civil Rights Act, §§ 760.06-760.11. Fla.Stat. . . .

M. 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 . . . See § 760.06(5)-(6). . . .

D. CHOATE, v. COMMUNITY HEALTH CENTERS OF PINELLAS, INC., 93 F. Supp. 2d 1318 (M.D. Fla. 2000)

. . . See 1999 Fla.Sess.Law Serv. 6 (West) (in chapter 99-333 § 26, legislature added to section 760.06 a subsection . . .

ROBINSON v. POWER PIZZA, INC, d b a s, 993 F. Supp. 1458 (M.D. Fla. 1998)

. . . . §§ 760.06(5), 760.11. . . .

S. MASON, v. K MART CORPORATION, a, 1 F. Supp. 2d 1333 (M.D. Fla. 1998)

. . . Stat § 760.06(5). . . .

FLORIDA COMMISSION ON HUMAN RELATIONS, v. PARRISH MANAGEMENT, INC., 682 So. 2d 159 (Fla. Dist. Ct. App. 1996)

. . . DOAH reasoned that because section 760.06, which sets forth the powers of the Commission, expressly allows . . . Appellee contends that section 760.06(6) restricts the delegation of the Commission’s power to those . . .

FLORIDA LEISURE ACQUISITION CORPORATION, v. FLORIDA COMMISSION ON HUMAN RELATIONS,, 639 So. 2d 1028 (Fla. Dist. Ct. App. 1994)

. . . See 760.06(5), Fla.Stat. (1993). . . .

THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR, 624 So. 2d 720 (Fla. 1993)

. . . See § 760.06, Fla.Stat. (1991). . . .

PUBLIX SUPERMARKETS, INC. v. FLORIDA COMMISSION ON HUMAN RELATIONS,, 470 So. 2d 754 (Fla. Dist. Ct. App. 1985)

. . . Rights Act of 1977, sections 760.01-760.10, Florida Statutes, the commission is empowered by section 760.06 . . . by way of a petition for redetermination, it is “in harmony with the statute,” particularly section 760.06 . . . Section 760.06(13) authorizes the commission “[t]o adopt, promulgate, amend, and rescind rules to effectuate . . .

C. REEDY, v. STATE OF FLORIDA, DEPARTMENT OF EDUCATION, A STATE GOVERNMENTAL AGENCY,, 605 F. Supp. 172 (N.D. Fla. 1985)

. . . . § 760.06(11) (1983). . . .

HOUSING AUTHORITY OF CITY OF SANFORD, v. L. BILLINGSLEA,, 464 So. 2d 1221 (Fla. Dist. Ct. App. 1985)

. . . Section 760.06 endows the Commission with the power to: (5) To receive, initiate, investigate, seek to . . .

SEIBERLING RUBBER COMPANY, a v. UNITED STATES, 297 F.2d 842 (Ct. Cl. 1962)

. . . not alter the net result, it merely increased the amount of the tax imposed from $65,687.94 to $68,-760.06 . . .