Florida/Georgia Personal Injury & Workers Compensation

...Commission On Human Relations We likewise reject Donato's contention that we must strictly defer to the Florida Commission on Human Relations' interpretation of the statute. The Commission is the administrative body created by the Legislature to administer the Florida Civil Rights Act. See § 760.03, .05, Fla....

...: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... sex.... The statute in § 760.03 creates a Commission on Human Relations, and goes on to state in the section entitled Administrative and civil remedies; construction....

...conclude that appellant has failed to demonstrate that the Commission's delay has otherwise impaired the fairness of the proceeding or the correctness of the action taken. Appellant's final issue on appeal, relating to the Commission's violation of Section 760.03(5), Florida Statutes (1985), requiring the participation of no less than three panel members in its deliberations, is without merit....

...hority and expressly contravene the requirements of Chapter 760, Florida Statutes. We reverse because the Commission did not exceed its delegated authority by enacting the challenged rules. The Florida Commission on Human Relations is established by section 760.03, Florida Statutes (1993), and is charged with the administration of the Florida Civil Rights Act of 1992....

...s 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. Section 760.03, which creates the “Florida Commission on Human Relations”, provides that “[t]he commission shall appoint, and may remove, an executive director who, with the consent of the commission, may employ a deputy, attorneys, investigators, clerks, and such other personnel as may be necessary adequately to perform the functions of the commission within budgetary limitations.” § 760.03(7), Fla....

...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....