HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-139May 10, 2000 - Temp. Reso. #9026 1
Revision No. 1 - May 16, 2000
Revision No. 2 - May 17, 2000
Revision No. 3 - May 18, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- /3?
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, TO
ENDORSE THE FAIR HOUSING ACT, PART II,
FLORIDA STATE STATUTES 760.20 - 760.37
U.S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR THE
IDENTIFICATION AND MANAGEMENT OF FAIR
HOUSING ISSUES, AND REFER ALL FAIR
HOUSING ISSUES AND COMPLAINTS TO THE
U. S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, OFFICE OF FAIR HOUSING
AND EQUAL OPPORTUNITY, OR THEIR
DESIGNEE, FOR INVESTIGATION AND
ENFORCEMENT; CASE NO. 14-MI-00;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has
authorized the City to submit its application as a direct entitlement city to receive HUD's
Community Development Block Grant (CDBG) funds; and
WHEREAS, the City of Tamarac must adopt provisions or policies for identifying and
managing Fair Housing Act issues; and
WHEREAS, the City of Tamarac supports and endorses all Florida Statutes,
including F.S. Chapter 760, Part II, the Fair Housing Act; and
WHEREAS, the Director of Community Development recommends approval; and
May 10, 2000 - Temp. Reso. #9026 2
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Revision No. 3 - May 18, 2000
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to endorse the Fair
Housing Act, Part II, Florida State Statutes 760.2 - 760.37 U. S. Department of Housing &
Urban Development Community Development Block Grant Program for the identification
and management of fair housing issues, and refer all Fair Housing issues and complaints
to the U. S. Department of Housing & Urban Development, Office of Fair Housing and
Equal Opportunity, or their designee, for investigation and enforcement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the City Commission endorses the Fair Housing Act, Part
II, Florida State Statutes 760.2 - 760.37 U. S. Department of Housing & Urban
Development Community Development Block Grant Program (attached hereto as Exhibit
1 ") for the identification and management of fair housing issues, and refer all Fair Housing
issues and complaints to the U. S. Department of Housing & Urban Development, Office of
Fair Housing and Equal Opportunity, or their designee, for investigation and enforcement.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
r--
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Revision No. 1 - May 16, 2000
Revision No. 2 - May 17, 2000
Revision No. 3 - May 18, 2000
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
ri.
PASSED, ADOPTED AND APPROVED this alW' day of '2000.
N,� w JOE SCHREIBER
�- MAYOR
MARION SWENSON, CMC
INTERIM CITY CLERK
I HEREBY CERTIFY that I
have approved this
RF1§DL JTION as to form.
MITCHE&,S.WR
CITY ATTORN
commdev\u:\pats\userd ata\wpdata\res\9026 reso
RECORD OF COMMISSION VO
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
17
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
EXHIBIT
TEMP RESO #9026
CITY OF TAMARAC, FLORIDA
FAIR HOUSING ACT
PART II
FLORIDA STATE STATUTES 760.20 - 760.37
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
�J
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includi , but not limited to, a complainant, employer, employment qFncy,
labor or nization, or joint labor-management committee shall be fidential
and shall\aaring
disclosed by the commission, except to the parti or in the
40 course of or proceeding under this section. The restri on of this
subsectioot apply to any record or document which i art of the record
of any hecourt proceeding.
(13) Final orders Xthe commission are subject to jud' I review pursuant to s.
120.68. The commi on's determination of reasonab cause is not final agency
action that is subject udicial review. Unless spe tally ordered by the court,
the commencement of appeal does not susl: or stay the order of the
commission, except as pr ided in the Rules of pellate Procedure. In any
action or proceeding under is subsection, t court, in its discretion, may allow
the prevailing party a reason le attorney' a as part of the cost. It is the
intent of the Legislature that t ' provisio or attorney's fees be interpreted in a
manner consistent with federal se la volving a Title VII action. In the event
the order of the court determines a violation of the Florida Civil Rights Act of
1992 has occurred, the court shall and the matter to the commission for
appropriate relief. The aggrieved r has the option to accept the relief offered
by the commission or may brin with) 1 year of the date of the court order, a
civil action under subsection as if th has been a reasonable cause
determination.
(14) The commission adopt, promulgate, mend, and rescind rules to
effectuate the purpos and policies of this sect and to govern the proceedings
of the commission u er this section.
(15) In any civil ction or administrative proceeding ught pursuant to this
section, a fin that a person employed by the state o ny governmental
entity or age has violated s. 760.10 shall as a matter law constitute just or
substantial use for such persons discharge.
History.--sp, ch. 92-177; s. 3, ch. 92-282; s. 1, ch. 94-91; s. 417, ch. 96-406; 5.'V2, ch. 96-410.
'Note ection 11, ch. 92-177, provides that "[i]f the cap on punitive damages found in ction 7 of this
act or ny other provision of this act is held invalid, the invalidity shall not affect other pro ns of the act
whi can be given effect without the invalid provision, and to this end the provisions of this are
d red severable. Should a court hold that the cap on punitive damages is invalid, punitive d ages will
available as a remedy for violations of this act." The cap on punitive damages is found in s. 8, ch. 92-
177.
PART 11
FAIR HOUSING ACT
760.20 Fair Housing Act; short title.
760.21 State policy on fair housing.
760.22 Definitions.
760.23 Discrimination in the sale or rental of housing and other prohibited
practices.
0 760.24 Discrimination in the provision of brokerage services.
760.25 Discrimination in the financing of housing or in residential real estate
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transactions.
i760.29 Exemptions.
760.30 Administration of ss. 760.20-760.37,
760.31 Powers and duties of commission.
760.32 Investigations; subpoenas; oaths.
760.34 Enforcement.
760.35 Civil actions and relief; administrative procedures.
760.36 Conciliation agreements.
0
760.37 Interference, coercion, or intimidation; enforcement by administrative or
civil action.
760.20 Fair Housing Act; short title. --Sections 760.20-760.37 may be cited
as the "Fair Housing Act."
History.--s. 1, ch. 83-221.
760.21 State policy on fair housing. --It is the policy of this state to provide,
within constitutional limitations, for fair housing throughout the state.
History.--s. 2, ch. 83-221.
760.22 Definitions. --As used in ss. 760.20-760.37, the term:
(1) "Commission" means the Florida Commission on Human Relations.
(2) "Covered multifamily dwelling" means:
(a) A building which consists of four or more units and has an elevator; or
(b) The ground floor units of a building which consists of four or more units and
does not have an elevator.
(3) "Discriminatory housing practice" means an act that is unlawful under the
terms of ss. 760.20-760.37.
(4) "Dwelling" means any building or structure, or portion thereof, which is
occupied as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease for the
construction or location on the land of any such building or structure, or portion
thereof.
(5) "Familial status" is established when an individual who has not attained the
age of 18 years is domiciled with:
(a) A parent or other person having legal custody of such individual; or
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(b) A designee of a parent or other person having legal custody, with the written
permission of such parent or other person.
(6) "Family" includes a single individual.
(7) "Handicap" means:
(a) A person has a physical or mental impairment which substantially limits one
or more major life activities, or he or she has a record of having, or is regarded
as having, such physical or mental impairment; or
(b) A person has a developmental disability as defined in s. 393.063.
(8) "Person" includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies, joint-
stock companies, trusts, unincorporated organizations, trustees, trustees in
bankruptcy, receivers, and fiduciaries.
(9) "Substantially equivalent" means an administrative subdivision of the State
of Florida meeting the requirements of 24 C.F.R. part 115, s. 115.6.
(10) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
History.--s. 3, ch. 83-221; s. 1, ch. 84-117; s. 1, ch. 87-106; s. 28, ch. 89-308; s. 1, ch. 89-321; s
1138, ch. 97-102.
760.23 Discrimination in the sale or rental of housing and other
prohibited practices.--
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer, to
refuse to negotiate for the sale or rental of, or otherwise to make unavailable or
deny a dwelling to any person because of race, color, national origin, sex,
handicap, familial status, or religion.
(2) It is unlawful to discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, color, national origin, sex, handicap,
familial status, or religion.
(3) It is unlawful to make, print, or publish, or cause to be made, printed, or
published, any notice, statement, or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, national origin, sex, handicap, familial status, or religion or
an intention to make any such preference, limitation, or discrimination.
(4) It is unlawful to represent to any person because of race, color, national
origin, sex, handicap, familial status, or religion that any dwelling is not available
for inspection, sale, or rental when such dwelling is in fact so available.
• (5) It is unlawful, for profit, to induce or attempt to induce any person to sell or
rent any dwelling by a representation regarding the entry or prospective entry
into the neighborhood of a person or persons of a particular race, color, national
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origin, sex, handicap, familial status, or religion.
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(6) The protections afforded under ss. 760.20-760.37 against discrimination on
40 the basis of familial status apply to any person who is pregnant or is in the
process of securing legal custody of any individual who has not attained the age
of 18 years.
(7) It is unlawful to discriminate in the sale or rental of, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that dwelling after it is sold,
rented, or made available; or
(c) Any person associated with the buyer or renter.
(8) It is unlawful to discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or facilities
in connection with such dwelling, because of a handicap of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that dwelling after it is sold,
rented, or made available; or
(c) Any person associated with the buyer or renter.
(9) For purposes of subsections (7) and (8), discrimination includes:
(a) A refusal to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or to be occupied by such person if
such modifications may be necessary to afford such person full enjoyment of the
premises; or
(b) A refusal to make reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to afford such person
equal opportunity to use and enjoy a dwelling.
(10) Covered multifamily dwellings as defined herein which are intended for first
occupancy after March 13, 1991, shall be designed and constructed to have at
least one building entrance on an accessible route unless it is impractical to do so
because of the terrain or unusual characteristics of the site as determined by
commission rule. Such buildings shall also be designed and constructed in such a
manner that:
(a) The public use and common use portions of such dwellings are readily
accessible to and usable by handicapped persons.
(b) All doors designed to allow passage into and within all premises within such
dwellings are sufficiently wide to allow passage by a person in a wheelchair.
(c) All premises within such dwellings contain the following features of adaptive
design:
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1. An accessible route into and through the dwelling.
• 2. Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations.
3. Reinforcements in bathroom walls to allow later installation of grab bars.
4. Usable kitchens and bathrooms such that a person in a wheelchair can
maneuver about the space.
(d) Compliance with the appropriate requirements of the American National
Standards Institute for buildings and facilities providing accessibility and usability
for physically handicapped people, commonly cited as ANSI A117.1-1986,
suffices to satisfy the requirements of paragraph (c).
State agencies with building construction regulation responsibility or local
governments, as appropriate, shall review the plans and specifications for the
construction of covered multifamily dwellings to determine consistency with the
requirements of this subsection.
History.--s. 5, ch. 83-221; s. 2, ch. 84-117; s. 2, ch. 89-321.
760.24 Discrimination in the provision of brokerage services. --It is
unlawful to deny any person access to, or membership or participation in, any
multiple -listing service, real estate brokers' organization, or other service,
organization, or facility relating to the business of selling or renting dwellings, or
to discriminate against him or her in the terms or conditions of such access,
membership, or participation, on account of race, color, national origin, sex,
handicap, familial status, or religion.
History.--s. 7, ch. 83-221; S. 3, ch. 84-117; s. 3, ch. 89-321; s. 1139, ch. 97-102.
760.25 Discrimination in the financing of housing or in residential real
estate transactions.--
(1) It is unlawful for any bank, building and loan association, insurance
company, or other corporation, association, firm, or enterprise the business of
which consists in whole or in part of the making of commercial real estate loans
to deny a loan or other financial assistance to a person applying for the loan for
the purpose of purchasing, constructing, improving, repairing, or maintaining a
dwelling, or to discriminate against him or her in the fixing of the amount,
interest rate, duration, or other term or condition of such loan or other financial
assistance, because of the race, color, national origin, sex, handicap, familial
status, or religion of such person or of any person associated with him or her in
connection with such loan or other financial assistance or the purposes of such
loan or other financial assistance, or because of the race, color, national origin,
sex, handicap, familial status, or religion of the present or prospective owners,
lessees, tenants, or occupants of the dwelling or dwellings in relation to which
such loan or other financial assistance is to be made or given.
(2)(a) It is unlawful for any person or entity whose business includes engaging
in residential real estate transactions to discriminate against any person in
making available such a transaction, or in the terms or conditions of such a
transaction, because of race, color, national origin, sex, handicap, familial status,
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or religion.
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. (b) As used in this subsection, the term "residential real estate transaction"
means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling;
or
b. Secured by residential real estate.
2. The selling, brokering, or appraising of residential real property.
History.--s. 6, ch. 83-221; s. 4, ch. 84-117; s. 4, ch. 89-321; s. 17, ch. 90-275; s. 1140, ch. 97-102.
760.29 Exemptions.--
(1)(a) Nothing in ss. 760.23 and 760.25 applies to:
1. Any single-family house sold or rented by its owner, provided such private
individual owner does not own more than three single-family houses at any one
time. In the case of the sale of a single-family house by a private individual
owner who does not reside in such house at the time of the sale or who was not
the most recent resident of the house prior to the sale, the exemption granted by
this paragraph applies only with respect to one sale within any 24-month period.
ift In addition, the bona fide private individual owner shall not own any interest in,
nor shall there be owned or reserved on his or her behalf, under any express or
voluntary agreement, title to, or any right to all or a portion of the proceeds from
the sale or rental of, more than three single-family houses at any one time. The
sale or rental of any single-family house shall be excepted from the application of
ss. 760.20-760.37 only if the house is sold or rented:
a. Without the use in any manner of the sales or rental facilities or the sales or
rental services of any real estate broker, agent, or salesperson or such facilities
or services of any person in the business of selling or renting dwellings, or of any
employee or agent of any such broker, agent, salesperson, or person; and
b. Without the publication, posting, or mailing, after notice, of any
advertisement or written notice in violation of s. 760.23(3).
Nothing in this provision prohibits the use of attorneys, escrow agents,
abstractors, title companies, and other such professional assistance as is
necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to
be occupied by no more than four families living independently of each other, if
the owner actually maintains and occupies one of such living quarters as his or
her residence.
(b) For the purposes of paragraph (a), a person is deemed to be in the business
of selling or renting dwellings if the person:
1. Has, within the preceding 12 months, participated as principal in three or
more transactions involving the sale or rental of any dwelling or interest therein;
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• 2. Has, within the preceding 12 months, participated as agent, other than in the
sale of his or her own personal residence, in providing sales or rental facilities or
sales or rental services in two or more transactions involving the sale or rental of
any dwelling or interest therein; or
3. Is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five or more families.
(2) Nothing in ss. 760.20-760.37 prohibits a religious organization, association,
or society, or any nonprofit institution or organization operated, supervised, or
controlled by or in conjunction with a religious organization, association, or
society, from limiting the sale, rental, or occupancy of any dwelling which it owns
or operates for other than a commercial purpose to persons of the same religion
or from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin. Nothing in ss. 760.20-
760.37 prohibits a private club not in fact open to the public, which as an
incident to its primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the rental or
occupancy of such lodgings to its members or from giving preference to its
members.
(3) Nothing in ss. 760.20-760.37 requires any person renting or selling a
dwelling constructed for first occupancy before March 13, 1991, to modify, alter,
or adjust the dwelling in order to provide physical accessibility except as
otherwise required by law.
(4)(a) Any provision of ss. 760.20-760.37 regarding familial status does not
apply with respect to housing for older persons.
(b) As used in this subsection, the term "housing for older persons" means
housing:
1. Provided under any state or federal program that the commission determines
is specifically designed and operated to assist elderly persons, as defined in the
state or federal program;
2. Intended for, and solely occupied by, persons 62 years of age or older; or
3. Intended and operated for occupancy by persons 55 years of age or older that
meets the following requirements:
a. At least 80 percent of the occupied units are occupied by at least one person
55 years of age or older.
b. The housing facility or community publishes and adheres to policies and
procedures that demonstrate the intent required under this subparagraph. If the
housing facility or community meets the requirements of sub -subparagraphs a.
and c. and the recorded governing documents provide for an adult, senior, or
retirement housing facility or community and the governing documents lack an
amendatory procedure, prohibit amendments, or restrict amendments until a
specified future date, then that housing facility or community shall be deemed
housing for older persons intended and operated for occupancy by persons 55
years of age or older. If those documents further provide a prohibition against
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residents 16 years of age or younger, that provision shall be construed, for
purposes of the Fair Housing Act, to only apply to residents 18 years of age or
younger, in order to conform with federal law requirements. Governing
documents which can be amended at a future date must be amended and
properly recorded within 1 year after that date to reflect the requirements for
consideration as housing for older persons, if that housing facility or community
intends to continue as housing for older persons.
c. The housing facility or community complies with rules made by the Secretary
of the United States Department of Housing and Urban Development pursuant to
24 C.F.R. part 100 for verification of occupancy, which rules provide for
verification by reliable surveys and affidavits and include examples of the types
of policies and procedures relevant to a determination of compliance with the
requirements of sub -subparagraph b. Such surveys and affidavits are admissible
in administrative and judicial proceedings for the purposes of such verification.
(c) Housing shall not fail to be considered housing for older persons if:
1. A person who resides in such housing on or after October 1, 1989, does not
meet the age requirements of this subsection, provided that any new occupant
meets such age requirements; or
2. One or more units are unoccupied, provided that any unoccupied units are
reserved for occupancy by persons who meet the age requirements of this
subsection.
(d) A person shall not be personally liable for monetary damages for a violation
of this subsection if such person reasonably relied in good faith on the application
of the exemption under this subsection relating to housing for older persons. For
purposes of this paragraph, a person may show good faith reliance on the
application of the exemption only by showing that:
1. The person has no actual knowledge that the facility or the community is
ineligible, or will become ineligible, for such exemption; and
2. The facility or community has stated formally, in writing, that the facility or
community complies with the requirements for such exemption.
A county or municipal ordinance regarding housing for older persons may not
contravene the provisions of this subsection.
(5) Nothing in ss. 760.20-760.37:
(a) Prohibits a person engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than race, color, national
origin, sex, handicap, familial status, or religion.
(b) Limits the applicability of any reasonable local restriction regarding the
maximum number of occupants permitted to occupy a dwelling.
(c) Requires that a dwelling be made available to an individual whose tenancy
would constitute a direct threat to the health or safety of other individuals or
whose tenancy would result in substantial physical damage to the property of
others.
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(d) Prohibits conduct against a person because such person has been convicted
by any court of competent jurisdiction of the illegal manufacture or distribution of
a controlled substance as defined under chapter 893.
History.--ss. 4, 8, ch. 83-221; s. 5, ch. 84-117; s. 5, ch. 89-321; s. 18, ch. 90-275; s. 1, ch. 96-191; s.
1792, ch. 97-102; s. 1, ch. 99-348.
760.30 Administration of ss. 760.20-760.37.--
(1) The authority and responsibility for administering ss. 760.20-760.37 is in the
commission.
(2) The commission may delegate any of its functions, duties, and powers to its
employees, including functions, duties, and powers with respect to investigating,
conciliating, hearing, determining, ordering, certifying, reporting, or otherwise
acting as to any work, business, or matter under ss. 760.20-760.37.
History.--s. 9, ch. 83-221.
760.31 Powers and duties of commission. --The commission shall:
(1) Make studies with respect to the nature and extent of discriminatory housing
practices in representative urban, suburban, and rural communities throughout
the state.
(2) Publish and disseminate reports, recommendations, and information derived
from such studies.
(3) Cooperate with and render technical assistance to public or private agencies,
organizations, and institutions within the state which are formulating or carrying
on programs to prevent or eliminate discriminatory housing practices.
(4) Administer the programs and activities relating to housing in a manner
affirmatively to further the policies of ss. 760.20-760.37.
(5) Adopt rules necessary to implement ss. 760.20-760.37 and govern the
proceedings of the commission in accordance with chapter 120, Commission rules
shall clarify terms used with regard to handicapped accessibility, exceptions from
accessibility requirements based on terrain or site characteristics, and
requirements related to housing for older persons.
History.--s. 9, ch. 83-221; s. 6, ch. 89-321.
760.32 Investigations; subpoenas; oaths.--
(1) In conducting an investigation, the commission shall have access at all
reasonable times to premises, records, documents, individuals, 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, provided the
commission first complies with the provisions of the State Constitution relating to
unreasonable searches and seizures. The commission may issue subpoenas to
compel its access to or the production of such materials or the appearance of
such persons, and may issue interrogatories to a respondent, to the same extent
and subject to the same limitations as would apply if the subpoenas or
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interrogatories were issued or served in aid of a civil action in court. The
commission may administer oaths.
(2) Upon written application to the commission, a respondent shall be entitled to
the issuance of a reasonable number of subpoenas by and in the name of the
commission to the same extent and subject to the same limitations as subpoenas
issued by the commission itself. A subpoena issued at the request of a
respondent shall show on its face the name and address of such respondent and
shall state that it was issued at her or his request.
(3) Within 5 days after service of a subpoena upon any person, such person may
petition the commission to revoke or modify the subpoena. The commission shall
grant the petition if it finds that the subpoena requires appearance or attendance
at an unreasonable time or place, that it requires production of evidence which
does not relate to any matter under investigation, that it does not describe with
sufficient particularity the evidence to be produced, or that compliance would be
unduly onerous or for other good reason.
(4) In case of refusal to obey a subpoena, the commission or the person at
whose request the subpoena was issued may petition for its enforcement in the
circuit court for the county in which the person to whom the subpoena was
addressed resides, was served, or transacts business.
(5) Witnesses summoned by subpoena of the commission shall be entitled to the
same witness and mileage fees as are witnesses in proceedings in court. Fees
payable to a witness summoned by a subpoena issued at the request of a
respondent shall be paid by the respondent.
History.--s. 9, ch. 83-221; s. 1141, ch. 97-102.
760.34 Enforcement.--
(1) Any person who claims to have been injured by a discriminatory housing
practice or who believes that he or she will be injured by a discriminatory
housing practice that is about to occur may file a complaint with the commission.
Complaints shall be in writing and shall contain such information and be in such
form as the commission requires. Upon receipt of such a complaint, the
commission shall furnish a copy to the person or persons who allegedly
committed the discriminatory housing practice or are about to commit the
alleged discriminatory housing practice. Within 100 days after receiving a
complaint, or within 100 days after the expiration of any period of reference
under subsection (3), the commission shall investigate the complaint and give
notice in writing to the person aggrieved whether it intends to resolve it. If the
commission decides to resolve the complaint, it shall proceed to try to eliminate
or correct the alleged discriminatory housing practice by informal methods of
conference, conciliation, and persuasion. Insofar as possible, conciliation
meetings shall be held in the cities or other localities where the discriminatory
housing practices allegedly occurred. Nothing said or done in the course of such
informal endeavors may be made public or used as evidence in a subsequent
proceeding under ss. 760.20-760.37 without the written consent of the persons
concerned. Any employee of the commission who makes public any information
in violation of this provision is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) A complaint under subsection (1) must be filed within 1 year after the
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alleged discriminatory housing practice occurred. The complaint must be in
writing and shall state the facts upon which the allegations of a discriminatory
housing practice are based. A complaint may be reasonably and fairly amended
at any time. A respondent may file an answer to the complaint against him or her
and, with the leave of the commission, which shall be granted whenever it would
be reasonable and fair to do so, may amend his or her answer at any time. Both
complaint and answer shall be verified.
(3) Wherever a local fair housing law provides rights and remedies for alleged
discriminatory housing practices which are substantially equivalent to the rights
and remedies provided in ss. 760.20-760.37, the commission shall notify the
appropriate local agency of any complaint filed under ss. 760.20-760.37 which
appears to constitute a violation of the local fair housing law, and the commission
shall take no further action with respect to such complaint if the local law
enforcement official has, within 30 days from the date the alleged offense was
brought to his or her attention, commenced proceedings in the matter. In no
event shall the commission take further action unless it certifies that in its
judgment, under the circumstances of the particular case, the protection of the
rights of the parties or the interests of justice require such action.
(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 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.
(5) In any proceeding brought pursuant to this section or s. 760.35, the burden
of proof is on the complainant.
(6) Whenever an action filed in court pursuant to this section or s. 760.35 comes
to trial, the commission shall immediately terminate all efforts to obtain
voluntary compliance.
(7)(a) The commission may institute a civil action in any appropriate court if it is
unable to obtain voluntary compliance with ss. 760.20-760.37. The commission
need not have petitioned for an administrative hearing or exhausted its
administrative remedies prior to bringing a civil action.
(b) The court may impose the following fines for each violation of ss. 760.20-
760.37:
1. Up to $10,000, if the respondent has not previously been found guilty of a
violation of ss. 760.20-760.37.
2. Up to $25,000, if the respondent has been found guilty of one prior violation
. of ss. 760.20-760.37 within the preceding 5 years.
3. Up to $50,000, if the respondent has been found guilty of two or more
violations of ss. 760.20-760.37 within the preceding 7 years.
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In imposing a fine under this paragraph, the court shall consider the nature and
• circumstances of the violation, the degree of culpability, the history of prior
violations of ss. 760.20-760.37, the financial circumstances of the respondent,
and the goal of deterring future violations of ss. 760.20-760.37.
(c) The court shall award reasonable attorney's fees and costs to the commission
in any action in which the commission prevails.
(8) Any local agency certified as substantially equivalent may institute a civil
action in any appropriate court, including circuit court, if it is unable to obtain
voluntary compliance with the local fair housing law. The agency need not have
petitioned for an administrative hearing or exhausted its administrative remedies
prior to bringing a civil action. The court may impose fines as provided in the
local fair housing law.
History.--ss. 9, 10, ch. 83-221; s. 7, ch. 89-321; s. 2, ch. 94-91; s. 418, ch. 96-406; s. 1793, ch. 97-102.
760.35 Civil actions and relief; administrative procedures.--
(1) A civil action shall be commenced no later than 2 years after an alleged
discriminatory housing practice has occurred. However, the court shall continue a
civil case brought pursuant to this section or s. 760.34 from time to time before
bringing it to trial if the court believes that the conciliation efforts of the
commission or local agency are likely to result in satisfactory settlement of the
discriminatory housing practice complained of in the complaint made to the
commission or to the local agency and which practice forms the basis for the
action in court. Any sale, encumbrance, or rental consummated prior to the
issuance of any court order issued under the authority of ss. 760.20-760.37 and
involving a bona fide purchaser, encumbrancer, or tenant without actual notice of
the existence of the filing of a complaint or civil action under the provisions of ss.
760.20-760.37 shall not be affected.
(2) If the court finds that a discriminatory housing practice has occurred, it shall
issue an order prohibiting the practice and providing affirmative relief from the
effects of the practice, including injunctive and other equitable relief, actual and
punitive damages, and reasonable attorney's fees and costs.
(3)(a) If the commission is unable to obtain voluntary compliance with ss.
760.20-760.37 or has reasonable cause to believe that a discriminatory practice
has occurred:
1. The commission may institute an administrative proceeding under chapter
120; or
2. The person aggrieved may request administrative relief under chapter 120
within 30 days after receiving notice that the commission has concluded its
investigation under s. 760,34.
(b) Administrative hearings shall be conducted pursuant to ss. 120.569 and
120.57(1). The respondent must be served written notice by certified mail. If the
. administrative law judge finds that a discriminatory housing practice has
occurred or is about to occur, he or she shall issue a recommended order to the
commission prohibiting the practice and recommending affirmative relief from
the effects of the practice, including quantifiable damages and reasonable
attorney's fees and costs. The commission may adopt, reject, or modify a
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recommended order only as provided under s. 120.57(1). Judgment for the
amount of damages and costs assessed pursuant to a final order by the
commission may be entered in any court having jurisdiction thereof and may be
enforced as any other judgment.
(c) The district courts of appeal may, upon the filing of appropriate notices of
appeal, review final orders of the commission pursuant to s. 120.68. Costs or
fees may not be assessed against the commission in any appeal from a final
order issued by the commission under this subsection. Unless specifically ordered
by the court, the commencement of an appeal does not suspend or stay an order
of the commission.
(d) This subsection does not prevent any other legal or administrative action
provided by law.
History.--s. 11, ch. 83-221; s. 8, ch. 89-321, s. 303, ch. 96-410; s. 1794, ch. 97-102.
760.36 Conciliation agreements. --Any conciliation agreement arising out of
conciliation efforts by the Florida Commission on Human Relations pursuant to
the Fair Housing Act must be agreed to by the respondent and the complainant
and is subject to the approval of the commission. Notwithstanding the provisions
of s. 760.11(11) and (12), each conciliation agreement arising out of a complaint
filed under the Fair Housing Act shall be made public unless the complainant and
the respondent otherwise agree and the commission determines that disclosure is
not required to further the purposes of the Florida Fair Housing Act.
• History.--s. 19, ch. 90-275; s. 9, ch. 92-177; s. 4, ch. 92-282; s. 3, ch. 94-91; s. 419, ch. 96-406.
760.37 Interference, coercion, or intimidation; enforcement by
administrative or civil action. --It is unlawful to coerce, intimidate, threaten, or
interfere with any person in the exercise of, or on account of her or his having
exercised, or on account of her or his having aided or encouraged any other
person in the exercise of any right granted under ss. 760.20-760.37. This section
may be enforced by appropriate administrative or civil action.
History.--s. 12, ch. 83-221; s. 9, ch. 89-321; s. 1142, ch. 97-102.
PART III
MISCELLANEOUS PROVISIONS
760.40 Genel%,Iesting; informed consent; confidential
760.50 Discrimination �he basis of acquirXne deficiency syndrome,
acquired immune deficiencdrome relatex, and human
immunodeficiency virus prohibit
760.51 Violations of constitutional righ , 'I action by the Attorney General;
civil penalty.
760.60 Discriminatory practice f certain clubs prohib remedies.
760.40 Genetic testing nformed consent; confidentiali --
(1) As used in this section, the term "DNA analysis" means the medical -and
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