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Sec. 15-36. Purpose.
It is hereby declared to be the policy of the board of county commissioners in the exercise of its police power for the public safety, public health, and general welfare to assure, within constitutional limitations, equal opportunity to all persons to live in available housing facilities regardless of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status, and, to that end, to prohibit discrimination in housing by any person. It is also hereby declared to be the policy of the board of county commissioners in the exercise of its police power for public safety, public health and general welfare to assure, within constitutional limitations, equal opportunity to all persons, regardless of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status to participate in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation.
(Ord. No. 90-1, § 1, 1-16-90)
Sec. 15-37. Definitions.
When used herein:
- Person includes one (1) or more individuals, partnerships, associations, corporations, unincorporated organizations, legal representatives, trustees, trusts, trustees in bankruptcy, labor organizations, mutual companies, joint-stock companies, receivers, or fiduciaries.
- The term unlawful discriminatory practice includes only those practices specified in sections 15-57 through 15-61 hereof.
- The term board, unless a different meaning clearly appears from the context, means the fair housing board, created by section 15-39.
- Each of the following establishments which serve the public is a place of public accommodation within the meaning of this article:
- Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence;
- Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment; or any gasoline station;
- Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
- Any establishment:
- 1. Which is physically located within the premises of any establishment otherwise covered by this subsection; or
2. Within the premises of which is physically located any such covered establishment; and
- Which holds itself out as serving patrons of such covered establishment. Such term shall not include any institution, club or place of accommodation which is in its nature distinctly private and not in fact open to the public.
- Dwelling or housing means any real property, building, mobile home or trailer, structure or portion thereof which is used or occupied as, or is intended, arranged or designed to be used or occupied as, the home, residence or sleeping place of one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
- 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.
- The term family includes the grandparents, parents, children, brothers and sisters, whether by marriage, legal adoption or blood, and their spouses and children, of either the property owner or spouse of the property owner; and the term "family" also includes a single individual.
- The term complainant shall mean the person filing a complaint pursuant to this article.
- The term respondent shall mean the person or other entity accused in a complaint of an unfair housing practice and any other person or entity identified in the course of investigation not named as a respondent in the initial complaint who may be joined as an additional or substitute respondent upon written notice.
- Handicap means with respect to a person.
- Has a physical or mental impairment which substantially limits one (1) or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment;
- "Handicap" does not include current illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)).
- As used throughout this article, prohibitions against discrimination on the basis of handicap includes handicaps of the buyer or renter, or of a person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or of any person associated with the buyer or renter.
- Familial status means one (1) or more individuals (who have not attained the age of eighteen (18) year) being domiciled with:
- A parent or another person having legal custody of such individual or individuals; or
- The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall 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 eighteen (18) years.
- Sexual orientation means male or female homosexuality, heterosexuality and bisexuality, by preference or practice.
- Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the director.
- Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.
- Prevailing party has the same meaning as such term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988).
- Multifamily dwelling means:
- Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and
- Ground floor units in other buildings consisting of four (4) or more units.
- Residential real estate related transaction means any of the following:
- The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling; or secured by residential real estate.
- The selling, brokering or appraising of residential real property.
- Housing for older persons means housing:
- Provided under any state or federal program that the office of equal opportunity or the fair housing board determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;
- Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
- Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit in eighty (80) percent of the units, provided that the occupancy of such housing can be verified in accordance with rules established by the U. S. Department of Housing and Urban Development and provided that the housing facility publishes and adheres to policies and procedures that demostrate the intent to provide housing for older persons.
- Housing shall not fail to be considered housing for older persons if:
- A person who resides in such housing on or after September 13, 1988, does not meet the age requirements of this subsection provided that any new occupant meets such age requirements; or
- One (1) or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.
- In determining whether housing meets the requirements of housing for older persons, the county will utilize current federal regulations regarding criteria for housing for older persons.
(Ord. No. 90-1, § 2, 1-16-90; Ord. No. 95-42, §§ III--VI, 10-17-95; Ord. No. 96-23, § I, 8-20-96)
Sec. 15-38. Office of equal opportunity (OEO).
The county administrator exercising his/her power of appointment shall employ a director of the office of equal opportunity and such other personnel in the office of equal opportunity (OEO) as may be provided for in the budget approved by the board of county commissioners and for which an appropriation has been made. The staffing complement shall be referred to as the office of equal opportunity (OEO). It shall be the responsibility of the director and/or the director's designee to investigate complaints ofdiscrimination prohibited by this article, attempt to conciliate and mediate complaints of discrimination, and to perform such other duties of an administrative nature as may be assigned by the county administrator.
(Ord. No. 90-1, § 3, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-39. Fair housing board.
The fair housing board of Palm Beach County is hereby created and established. The board is to be comprised of nine (9) citizens of the county appointed by the board of county commissioners to serve for staggered terms of two (2) years. In addition to minority representation on such board, the board shall reflect, to the greatest extent possible, representation for all ages, races, religious beliefs and types of employment. Members of the fair housing board shall be the same as members of the equal employment board created by separate ordinance. Seven (7) of the appointments shall be made as district appointments and two (2) of the appointments shall be made at large by the board of county commissioners on the basis of community representation, integrity, experience and interest in the area of equal opportunities. In order that the terms of office of all members shall not expire at the same time, all current members of the fair housing board shall serve the remainder of their respective terms, if they so elect. Any member who elects not to serve the remainder of their term shall be replaced by appointments made at large by the board of county commissioners to serve the unexpired portion of the term. The two (2) additional members needed to complete the fair housing board shall be appointed at-large by the board of county commissioners for a term of one (1) year. Vacancies shall be filled in the same manner as the original appointments for the remainder of the vacant term. Each member shall serve without compensation. Each district appointee may be removed without cause by the appointing commissioner at any time, and at large appointees may be removed without cause by a vote of the board of county commissioners at any time. Members may not be members of more than two (2) other advisory boards appointed by the board of county commissioners; however, membership on the equal employment board and the fair housing board shall only be considered membership on one (1) advisory board. Members shall be governed by the applicable provisions of the Palm Beach County Code of Ethics, Resolution No. R-94-693, as may be amended. Abstention from voting due to a conflict of interest on more than three (3) separate matters during a calendar year shall result in automatic removal. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend more than one-half ( 1/2) of the meetings scheduled during a calendar year. Participation for less than three fourths ( 3/4) of a meeting shall constitute lack of attendance. Excused absences due to illness, absence from the county, or personal hardship, if approved by vote of the fair housing board, shall not constitute lack of attendance. Excused absences shall be entered into the minutes at the next regularly scheduled meeting of the fair housing board. Members removed under this section shall not continue to serve until a new appointment is made and removal shall create a vacancy. Members of the fair housing board shall appoint a chairperson and vice-chairperson, and the board may promulgate rules and regulations for the conduct of its meetings and affairs.
(Ord. No. 90-1, § 4, 1-16-90; Ord. No. 95-42, § VII, 10-17-95)
Sec. 15-40. Board terms, rules and regulations.
The following rules and regulations shall govern the operation of the board:
- The chairperson of the board shall be elected by majority vote of the board and shall serve for a term of one (1) year and have the following duties:
- Call board meetings and set the agenda for the same.
- Preside at board meetings.
- Sign subpoenas.
- Appoint and define the role of such committees as are necessary or expedient to advise the board, the director of the office of equal opportunity and the board of county commissioners.
- Perform such other functions as the board may assign by rule or order.
- The vice-chairperson shall be elected by majority vote of the board and shall serve for a term of one (1) year. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence and such other duties as the chairperson may assign.
- If a vacancy occurs in the office of chairperson, the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson, the board will elect another member to fill the unexpired term of the vice-chairperson.
- Three (3) members of the board shall constitute a hearing panel for the purposes of hearing discrimination complaints. A majority of members appointed shall constitute a quorum to hold a meeting for any other purpose.
- A majority of the members of a panel or committee shall constitute a quorum for the conduct of business assigned to a panel or committee.
- In the presence of a quorum, board or panel business shall be taken by a majority vote.
(Ord. No. 90-1, § 5, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-41. Board meetings.
The board shall meet monthly. Notice of the time and place of the meeting shall be given to all board members and all parties scheduled to be heard, and shall be made public. The chairperson may call an unscheduled meeting, upon not less than twenty-four (24) hours' notice, and meetings may also be called by the director upon the request of three (3) members of the board. The county administrator shall provide such staff as may reasonably be required in his/her discretion to assist the board in the performance of its duties. The county administrator shall provide a regular meeting place for the board.
(Ord. No. 90-1, § 6, 1-16-90)
Sec. 15-42. Objectives of the board.
The objectives of the board shall be:
- To promote and encourage fair treatment and equal opportunity in housing and public accommodation for all persons regardless of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or martial status, to promote and encourage mutual understanding and respect among such persons and to endeavor to eliminate discrimination in housing and public accommodation against and antagonism between such persons;
- To cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions;
- To make such investigations and studies in the field of fair housing and public accommodation as in its judgment will aid in effectuating its general purposes;
- To assist various groups and agencies of the community to cooperate in educational programs and campaigns, devoted to the elimination of discrimination in housing and places of public accommodation;
- To aid in permitting the county to benefit from the fullest realization of its housing and public accommodation resources;
- To recommend to the board of county commissioners the acceptance of certain grants and contracts from foundations and other sources for the purposes of carrying out the purposes of this article; and
- To recommend to the board of county commissioners methods for elimination of discrimination and intergroup tensions.
The objectives set forth above are not to be construed as duties, and the board of county commissioners shall have the discretion to determine when each objective is implemented.
(Ord. No. 90-1, § 7, 1-16-90)
Sec. 15-43. Powers and duties of the board.
The powers and duties of the board shall be:
- To refer or accept referral of complaints when appropriate and to cause, through the office of equal opportunity, investigations of:
- Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin handicap, familial status, sexual orientation, age or marital status.
- To propose reasonable rules and regulations as are necessary to effectuate the policies of this article and govern the proceedings of the board. Such rules and regulations shall become effective upon approval by the board of county commissioners after a public hearing has been held by the board of county commissioners, pursuant to at least one (1) notice published in a newspaper of general circulation in the county at least ten (10) days prior to the hearing.
- To receive, initiate, seek to conciliate, hold hearings upon and adjudicate complaints alleging violations of this article; to recommend methods and alternatives for eliminating injustices occasioned thereby; to carry out and enforce the purpose of this article.
- To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any hearing convened pursuant to the powers and duties authorized by this article.
- To subpoena witnesses and compel production of evidence requested by the office of equal opportunity relating to an investigation being conducted pursuant to this article.
- Meet and exercise its power in any place within the county.
- To issue remedial orders prohibiting violations of this article and providing affirmative relief from the effects of the violation as specified in section 15-55.
- Become a referral agency for the state and federal government and comply with the necessary state and federal regulations.
(Ord. No. 90-1, § 8, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-44. Powers and duties of the director.
The powers and duties of the director and/or the director's designee shall be:
- To investigate:
- Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status;
- Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
In conducting an investigation the director and/or the director's designee shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the director and/or the director's designee complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures.
- To attempt to conciliate and mediate complaints of discrimination brought pursuant to this article.
- To prepare consent agreements embodying any agreement reached by the parties relating to the complaint and to present such agreement to the board, for the board's acceptance or rejection.
- To dismiss complaints of discrimination upon a finding of no reasonable grounds to support a finding of discrimination under this article.
- To administer oaths.
- To exercise all powers reasonable and necessary to fulfill the purposes of this article.
(Ord. No. 90-1, § 9, 1-16-90)
Sec. 15-45. Filing of complaints.
Any person who claims to have been injured by an unlawful discriminatory practice or who believes that he/she will be injured by an unlawful discriminatory practice that is about to occur may file a sworn written complaint with the office of equal opportunity, which shall state the name and address of the complainant and the person or persons against whom the complaint is made. It shall also state the facts surrounding the alleged unlawful discriminatory practice and such other information as may be required by the office of equal opportunity. The director, with the board's approval, may also file such a complaint. A complaint shall be filed not later than one (1) year after the date of the alleged unlawful discriminatory practice in order to be processed under this article.
(Ord. No. 90-1, § 10, 1-16-90; Ord. No. 95-42, §§ I, IX, 10-17-95)
Sec. 15-46. Notice of complaint.
Upon the filing of a complaint, the director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article. The director or the director's designee shall, not later than ten (10) days after such filing or the identification of an additional respondent, serve on the respondent a notice, by registered or certified mail, identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint. The respondent may file a sworn written answer to the complaint within ten (10) days of receipt of the complaint. Failure to file an answer by the respondent shall not result in any presumption of admission to the allegations in the complaint. Any subsequent amendment to the complaint or answer thereto shall be served by U.S. mail.
(Ord. No. 90-1, § 11, 1-16-90)
Sec. 15-47. Processing complaints.
The office of equal opportunity shall commence its investigation under this article within thirty (30) days of the receipt of a sworn written complaint. Within one hundred (100) days of the filing of a complaint as set forth in section 15-45, the staff of the fair housing division of the office of equal opportunity shall make such investigation as the director or the board deems appropriate to ascertain facts and issues. If the fair housing division of the office of equal opportunity is unable to complete the investigation within one hundred (100) days after the filing of the complaint, they shall notify the complainant and the respondent in writing of the reasons for not doing so. In conducting an investigation to ascertain whether or not there has been a violation of this article, the director and/or the director's designee shall have access at all reasonable times to premises, records, documents, individuals, and other evidence, or possible sources of evidence, and may examine, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the office of equal opportunity complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. The director, chairperson, vice-chairperson or any other member of the fair housing board may issue subpoenas to compel 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 interrogatories were issued or served in aid of a civil action in court. In the case of a refusal to obey a subpoena issued to any person, or refusal to comply with any method of discovery authorized in the Florida Rules of Civil Procedure, the board and/or the director shall request the county attorney to make application to the appropriate court to order the witness to comply with a request for discovery, or to appear before the board and to produce evidence, if so requested, or to give testimony concerning the matter in question. Failure to obey the order may be punishable by the court as contempt. The director and/or the board may administer oaths. The office of equal opportunity shall endeavor to achieve final administrative disposition of a complaint within one (1) year of its filing, unless it is impracticable to do so. If final administrative disposition is impractical to achieve within one year of the filing of the complaint, the parties shall be provided notice which shall state the reasons why it is impractical to achieve final disposition within one year.
(Ord. No. 90-1, § 12, 1-16-90; Ord. No. 95-42, §§ I, X, 10-17-95; Ord. No. 96-23, § II, 8-20-96)
Sec. 15-48. Withdrawal of complaint.
A complaint filed pursuant to this article may be withdrawn at any time by the complaining party upon notifying the fair housing division of the office of equal opportunity; however, the director may continue action against the respondent if the facts establish reasonable grounds to support a finding of discrimination and the board approves such further action.
(Ord. No. 90-1, § 13, 1-16-90)
Sec. 15-49. Preservation of records.
Following service of the complaint in the manner provided herein, the respondent shall preserve all personnel records, property records, or any other written or documentary material relating to the complaint until the complaint has been resolved.
(Ord. No. 90-1, § 14, 1-16-90)
Sec. 15-50. Administrative dismissal of complaint.
Any complaint filed pursuant to this article shall be dismissed by the director upon the following grounds:
- The complainant has failed or refused to cooperate or the complainant cannot be located after reasonable efforts to do so have been made and after twenty (20) days' notice to the complainant by mail to the complainant's last known address the complainant has failed to duly respond;
- The complaint has not been timely filed with the board or the office of equal opportunity.
(Ord. No. 90-1, § 15, 1-16-90)
Sec. 15-51. Investigation procedure.
After a complaint has been filed, the director and/or the director's designee shall conduct an investigation. The director and/or the director's designee may utilize the services and information gathered from other public agencies charged with the administration of equal opportunity laws. The following procedures shall be followed:
- Complaint verification. As part of the investigation process, the complaining party may be required to provide an additional sworn written statement, which shall include:
- A statement of each particular harm or potential harm which the aggrieved person has suffered or will suffer and the date on which each harm occurred or will occur;
- For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful;
- For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.
- Requests for information. In investigating a complaint, the director and/or the director's designee may obtain information by:
- Oral interview; and/or
- Requests for written statement or affidavit; and/or
- Any discovery methods set forth in the Florida Rules of Civil Procedure.
- Complaining party's failure to cooperate. Where the complainant fails to provide a necessary information statement, fails or refuses to appear or be available for interviews or conferences, fails or refuses to provide necessary information requested by the office of equal opportunity pursuant to this section, or otherwise refuses to cooperate to the extent that the fair housing [office is unable to resolve the complaint, the] division coordinator shall dismiss the complaint after providing twenty (20) days' notice to the complainant unless the director, with board approval, determines there is sufficient grounds and sufficient evidence to proceed with the complaint.
- Access to files during investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, the respondent, or their authorized representative, or to witnesses, only when disclosure is deemed necessary by the director for the investigation or for securing appropriate disposition of the complaint. The director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law [F.S. § 119.01 et seq.].
(Ord. No. 90-1, § 16, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-52. Determination of reasonable grounds; notice.
- Upon completion of an investigation, if a complaint has not been settled or withdrawn, the director shall make a determination as to whether there is a reasonable grounds to believe that an unlawful discriminatory practice has occurred. The director and/or the director's designee shall report the results of the investigation and his/her determination to the board and advise the board that a notice of determination shall be served upon the complainant and respondent. The board shall receive a copy of the notice of determination.
- The board shall have the opportunity to review the report and submit comments to the director.
- A notice of determination of reasonable grounds shall include an invitation to participate in conciliation.
- After service of a notice of determination, the parties named in the determination may inspect the records and documents, in the custody of the office of equal opportunity, which pertain to the determination. The director may direct that a particular record, document or portion thereof be withheld from inspection by a part only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law [F.S. § 119.01 et seq.].
(Ord. No. 90-1, § 17, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-53. Finding of reasonable grounds; conciliation procedure.
- During the period beginning with the filing of the complaint and ending with the final disposition of a complaint, the office of equal opportunity shall, to the extent feasible, engage in conciliation with respect to such complaint. Where such conciliation attempts are successful, the terms of the consent agreement shall be reduced to writing and signed by the complainant, the respondent and the director. The original of the signed agreement shall be filed with the director, and copies shall be served uponthe respondent, complainant and the board. The board shall, at its next regularly scheduled meeting, approve or disapprove the agreement.
- When a consent agreement has not been signed, and the complaint has not been withdrawn or dismissed, the director shall serve a notice of failure of conciliation upon the complainant, respondent and the board not less than thirty (30) days after service of a notice of determination of reasonable grounds.
- Nothing said or done in the course of the conciliation process may be made public or used as evidence in subsequent proceedings under sections 15-54 through 15-56 without the written consent of the persons concerned. Any employee of the office of equal opportunity who makes public any such information in violation of this provision shall be prosecuted in the same manner as a misdemeanor of the second degree, punishable as provided in Florida Statutes Chapter 775. However, final executed and approved conciliation agreements will be made public.
(Ord. No. 90-1, § 18, 1-16-90; Ord. No. 95-42, §§ I, XI, XII, 10-17-95; Ord. No. 96-23, § III, 8-20-96)
Sec. 15-54. Enforcement.
- In any proceeding brought pursuant to this article, the burden of proof is on the complainant.
- A complainant need not have petitioned for an administrative hearing or exhausted the administrative remedies prior to commencement of a civil action pursuant to section 15-56.
- Whenever an action filed in either federal or state court pursuant to this article, or any federal or state laws protecting the same rights stated herein comes to trial, the office of equal opportunity shall immediately terminate all efforts to obtain voluntary compliance.
- If the board of county commissioners concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the board of county commissioners shall direct the county attorney to institute a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this article. The commencement of a civil action under this subsection shall not affect the initiation or continuation of proceedings under this article. The board of county commissioners need not have petitioned for administrative hearing or exhausted the administrative remedies prior to requesting the commencement of a civil action.
- The court may award actual and punitive damages and may impose the following fines for each violation of this article:
- Up to ten thousand dollars ($10,000.00), if the respondent has been adjudged to have committed an unlawful discriminatory practice;
- Up to twenty-five thousand dollars ($25,000.00), if the respondent has been adjudged by order of the fair housing board or a court to have committed one (1) prior unlawful discriminatory practice within the preceding five-year period ending on the date of the filing of the charge.
- Up to fifty thousand dollars ($50,000.00), if the respondent has been adjudged by order of the fair housing board or a court to have committed two (2) or more unlawful discriminatory practices within the preceding seven-year period ending on the date of the filing of the charge.
- In imposing a fine under subsection (e), the court shall consider the nature and circumstances of the violation, the degree of culpability, the history of prior violations of this article, the financial circumstances of the respondent, and the goal of deterring future violations of this article.
- In addition to the above-stated fines, the court shall award reasonable attorney's fees and costs to the county in any action in which the county prevails under this article.
- The court may also grant injunctive and/or other appropriate equitable relief.
(Ord. No. 90-1, § 19, 1-16-90; Ord. No. 95-42, §§ I, XIII, 10-17-95; Ord. No. 96-23, § IV, 8-20-96)
Sec. 15-55. Administrative remedies.
- If the director is unable to obtain voluntary compliance with this article or has reasonable grounds to believe that a discriminatory practice has occurred:
- The director may institute an administrative proceeding before the fair housing board on any director-initiated complaint.
- The complainant may request an administrative proceeding before the fair housing board within thirty (30) days after receiving notice of failure of conciliation.
- In conducting an administrative hearing to ascertain whether or not there has been a violation of this article, the board shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents, and receive evidence. The board shall conduct the administrative hearing in accordance with the procedure provided in sections 120.57(1) and 120.58, Florida Statutes.
- All recommended orders prepared by the board as a result of such hearing or hearings shall conform with the requirements for such orders as set out in section 120.59, Florida Statutes.
- The board shall serve a copy of the order on each party to the administrative proceedings. The recommended order shall be considered as the final order of the board for the purposes of proceeding further under this section.
- Either party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing notice of appeal pursuant to Florida Appellate Rule 9.110(2) within thirty (30) days of the issuance of such order by the board. Any party shall have the right to bring an action in the appropriate court to ensure compliance with this Order.
- In case of refusal to obey a subpoena issued by the board, the county or the person at whose request it was issued may, in addition to any other remedies made available, petition for its enforcement in the appropriate court.
- Should any party fail or refuse to comply with the final order issued or breach a conciliation agreement as provided herein, then following the expiration of the appeal time provided herein, the board shall forward such order or conciliation agreement to the board of county commissioners with a request that the board of county commissioners authorize the county attorney to bring such action or actions as necessary to obtain compliance with this article.
- When any act is required or allowed to be done at or within a specified time by this section, for cause shown, the board, at any time in its discretion, and upon the written request of a party, may order the period enlarged unless otherwise prohibited by law.
- All written motions upon which a ruling is requested shall be filed at least three (3) days prior to the hearing date established by the board. Such motions shall be considered and ruled upon by the board prior to the start of the hearing.
- All motions and orders thereon shall be made a part of the record of such administrative proceedings.
- No appeal may be made from rulings on such motions until a final order has been issued.
- If there are separately filed cases before the board which involve similar issues of law and fact and identity of parties, then such cases may be consolidated by the director for hearing before the board.
- Discovery shall be permitted and shall proceed in the manner provided by the Florida Rules of Civil Procedure.
- The board may order a prehearing conference prior to any administrative hearing. Prior to such conference the board may direct that the parties submit a preconference statement addressing the issues of law and fact that will be involved in such hearing, identifying the witnesses that will testify, providing a list of all documents or other exhibits that will be submitted, and providing such other information as requested by the board.
- The director shall set the time and place of any administrative hearing. The director shall serve notice by certified mail of such hearing on the parties no later than fourteen (14) calendar days prior to the final hearing. Such notice requirement may be waived with the written consent of all parties. The notice shall also contain:
- A statement of the nature of the hearing;
- A statement of the legal authority and jurisdiction under which the hearing is to be held;
- A reference to the statutes, ordinances and rules involved.
- Requests for subpoenas in any administrative proceeding shall be filed with the office of equal opportunity and forwarded to the board. Such request shall set forth the name and address of the person whose attendance is requested and shall describe with particularity any material to be produced. Such subpoenas shall be issued by the board or the director. The requesting party shall be responsible for service of any subpoena.
- Any subpoena shall be subject to a motion to quash or a motion for protective order before the appropriate court.
- The official transcript of a hearing shall be preserved by tape recording or by a court reporter.
- Should a party elect to provide a court reporter for a hearing, that party shall be responsible for entire payment of the reporter's fee.
- If the fair housing board finds that a discriminatory housing practice has occurred or is about to occur, it shall issue an order prohibiting the practice and awarding affirmative relief from the effects of the practice, including actual damages and reasonable attorney's fees and costs, and other injunctive or equitable relief. To vindicate the public interest, the fair housing board, may assess a civil penalty against the respondent. Funds recovered under this section shall be paid to the board of county commissioner's general fund.
(Ord. No. 90-1, § 20, 1-16-90; Ord. No. 95-42, §§ I, II, XIV, XV, 10-17-95; Ord. No. 96-23, § V, 8-20-96)
Sec. 15-56. Enforcement by private persons.
- A civil action shall be commenced no later than two (2) years after an alleged discriminatory practice. However, the court shall continue a civil case brought pursuant to this article from time to time before bringing it to trial if the court believes that the conciliation efforts of the office of equal opportunity are likely to result in satisfactory settlement of the discriminatory practice complained of in the complaint made to the office of equal opportunity 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 this article and involving a bona fide purchaser, encumbrance, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected.
- 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.
(Ord. No. 90-1, § 21, 1-16-90; Ord. No. 95-42, § I, 10-17-95)
Sec. 15-57. Unlawful discriminatory practice in public accommodations.
It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or martial status of any person directly or indirectly to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof that are afforded the other customers, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status or that the patronage of any person belonging to any particular race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status is unwelcome, objectionable or not acceptable, desired or solicited.
(Ord. No. 90-1, § 22, 1-16-90)
Sec. 15-58. Discriminatory housing practices.
Except as provided in section 15-62 hereof, it shall be an unlawful discriminatory housing practice:
- To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- 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 dwelling that indicates any preference, limitation or discrimination based on race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status or an intention to make any such preference, limitation or discrimination.
- To place or display any other device either purporting to offer for sale, leasing assignment, transfer or other disposition or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer or other disposition based on race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or martial status.
- To represent to any person because of race, color, religion, sex, national origin, handicap, familial status, sexual orientation, age or marital status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
- To induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existence or potential proximity of real property owned, used or occupied by any person of any particular race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- To promote, induce, influence or attempt to promote, induce or influence by the use of postcards, letters, circulars, telephone, visitation or any other means directly or indirectly, a property owner, occupant or tenant to list for sale, sell, remove from, lease, assign, transfer or otherwise dispose of any housing by referring as a part of a process or pattern of inciting neighborhood unrest, community tension, or fear of racial, sexual, color, religious, nationality, handicapped, familial status, sexual orientation, age or marital status change in any street, block, neighborhood or any other area due to the race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status of actual or anticipated neighbors, tenants or prospective buyers of any housing.
- To cause to be made any untrue or intentionally misleading statement, advertise or in any other manner attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, sexual, color, religious, nationality, handicapped, familial status, sexual orientation, age or marital status change in any street, block, neighborhood, or any other area, to obtain a listing of housing for sale, rental assignment transfer or other disposition, where such statement, advertising orother representation is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement, or to make any other such material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing.
- To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or other use of any housing in a particular block or neighborhood area, any representation to a person known to be a prospective purchaser that such block, neighborhood or area may undergo, is undergoing or had undergone a change with respect to racial, sexual, color, religious, nationality, handicapped, familial status, sexual orientation, age or martial status composition of such neighborhood, block or area.
- To place or display any device or to indicate by use of postcards, letters, circulars, telephone, visitation or any other means, directly or indirectly, either purporting to offer for sale, rental leasing, assignment, transfer or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer, rental or other disposition based on race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- To refuse to permit, at the expense of a 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, except that, in the case of a rental, the landlord, may where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification reasonable wear and tearexcepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.
- To refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling.
- To fail to design and construct multifamily dwellings for first occupancy after March 13, 1991, in such a manner that:
- The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
- All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
- All premises within such dwellings contain the following features of adaptive design: Building entrances on an accessible route; an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space;
- 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 (13)c.
- To retaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article.
- To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provision of this article; or any order issued thereunder.
- To resist, prevent, impede or interfere with the board or any of its members or representatives in the lawful performance of its or their duty under this article.
- To initiate maliciously, frivolously or in bad faith any charge under the provisions of this article for the purposes of harassment.
- To intimidate, threaten, coerce or interfere with the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article.
(Ord. No. 90-1, § 23, 1-16-90; Ord. No. 95-42, §§ XVI, XVII, 10-17-95)
Sec. 15-59. Discrimination in the financing of housing.
It shall be an unlawful discriminatory housing practice of any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to any person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him/her in the fixing of the amount, interest rate,duration, or other terms or conditions as such loan or other financial assistance, because of the race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status of such person or any person associated with him/her in connection with such loan or other financial assistance, or the purposes of such loan or other financial assistance of the present or prospective owners, lessees, tenants or occupants, of the dwelling or dwellings in relation to which such loanor other financial assistance is to be made or given; provided, that nothing contained in this section shall impair the scope of effectiveness of the exceptions set forth in section 15-62.
(Ord. No. 90-1, § 24, 1-16-90)
Sec. 15-60. Discrimination in the provision of brokerage services.
It shall be an unlawful discriminatory housing practice to deny any person who is otherwise professionally qualified by state law, and subject to the rules and regulations of the Florida Real Estate Commission, provided the local board of realtors does not discriminate in its membership policies on the basis of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status, 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 any person in the terms or conditions of such access, membership or participation, on account of race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
(Ord. No. 90-1, § 25, 1-16-90)
Sec. 15-61. Discrimination in residential real estate related transactions.
It shall be an unlawful discriminatory housing practice for any person or other entity whose business includes engaging in residential real estate related 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, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
(Ord. No. 90-1, § 26, 1-16-90; Ord. No. 95-42, § XVIII, 10-17-95)
Sec. 15-62. Limitations and exceptions--Housing practices.
- The prohibitions set forth in sections 15-57 through 15-60 shall not apply to 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 dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to such persons, unless membership in such religionis restricted on account of race, sex, color, national origin, handicap, familial status, sexual orientation, age or marital status.
- The prohibitions set forth in sections 15-58--15-60 shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters, provided such rooms or units are sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or personin the business of selling or renting dwellings and/or without the publication, posting or mailing of any advertisement or written document in contravention of section 15-58, but this shall not prohibit the use of any attorney, escrow agents, abstractors, title companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling.
- The prohibitions set forth in sections 15-58 through 15-60 shall not apply to any single-family dwelling unit sold or rented by an owner who does not own more than three (3) such single-family dwelling units at any one time if such unit is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or person in the business of selling or renting dwellings and/or without the publication, posting or mailingof any advertisement or written document in contravention of section 15-58; but this shall not prohibit the use of any attorney, escrow agents, abstractors, title companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling.
- For the purposes of subsections (a) and (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings and said exceptions shall not apply if:
- That person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
- That person has, within the preceding twelve (12) months, participated as agent, other than in the sale of his/her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or
- That person is the owner of any dwelling designed for or intended for occupancy by, or occupied by, five (5) or more families.
- The prohibitions set forth in sections 15-57 through 15-60 shall not apply to a person or owner who wishes to rent a portion of a single dwelling unit to a person or persons of the same sex when such persons live in the single dwelling unit.
- Housing for older persons shall be exempted from the provisions regarding familial status. Housing for older persons may also maintain only those age restrictions necessary in order to be designated as housing for older persons.
- Nothing in this article:
- Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age or marital status.
- Limits the applicability of any reasonable local government restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
- 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.
- 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 by Florida Statutes, chapter 893.
- An individual who engages in conduct with a reasonable good faith reliance on the existence of the exemption of this article relating to housing for older persons is not personally liable for money damages for a violation of this article. For the purposes of this paragraph (h), a person engaged in the business or residential real estate transactions is presumed to have such a good faith reliance if that person has no actual knowledge that the housing facility is not or will not be eligible for the housing for older persons exemption and the housing facility gives such a person a written certification stating the compliance of the facility with the requirements for the housing for older persons.
(Ord. No. 90-1, § 27, 1-16-90; Ord. No. 95-42, §§ XIX--XXII, 10-17-95; Ord. No. 96-23, § VI, 8-20-96)
Sec. 15-63. Same--Public accommodations.
The prohibitions set forth in section 15-57 shall not be applied to:
- Limit of the use of restroom to persons of one (1) sex;
- A religious organization, association or society or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society from limiting facilities and accommodations, which it owns or operates, for other than a commercial purpose, to persons of the same religion or from giving preference to such persons.
(Ord. No. 90-1, § 28, 1-16-90)
Sec. 15-64. Same--Physical handicap.
Nothing in this article 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 and as provided in section 15-58 (11) and (12).
(Ord. No. 90-1, § 29, 1-16-90; Ord. No. 95-42, § XXIII, 10-17-95)
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