Anti-Discrimination Center

Sec. 38-26. - Definitions. back to top

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the housing authority designated as the fair housing board established by section 38-116.

Director means the fair housing director established by section 38-86.

Discrimination means any difference in treatment based on race, color, religion, ancestry, sex, national origin, handicap, familial status, or place of birth.

Executive director means the executive director of the housing authority and the fair housing board.

Gender identity or expression means having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior whether or not such gender-related characteristics differ from those associated with the person's assigned sex at birth.

Housing, housing accommodation and dwelling mean any building, mobile home or trailer, 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 thereon of any such building, mobile home or trailer, structure, or portion thereof or any real property, as defined in this section used or intended to be used for any of the purposes set forth in this definition.

Lending institution and financial institution include any person engaged in the business of lending money or guaranteeing loans.

Mortgage broker means an individual who is engaged in or performs the business or services of a mortgage broker as defined by state law.

Open market means the market which is informed of the availability for sale, purchase, rental or lease of any housing accommodation, whether informed through a real estate broker or mortgage broker, or by advertising by publication, signs or by any other advertising or other methods directed to the public or any portion thereof indicating that the property is available for sale, purchase, rental or lease.

Owner includes a lessee, sublessee, cotenant, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent or lease any housing accommodation.

Person includes one or more individuals, governments, governmental agencies, governmental departments, governmental programs, political subdivisions, labor unions, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.

Real estate broker and real estate salesperson include any individual who, for a fee, commission, salary, or for other valuable consideration, with the intention or expectation of receiving or collecting a fee, commission, salary, or other valuable consideration, lists, sells, purchases, rents, or leases any housing accommodation including options thereupon; who negotiates or attempts to negotiate such activities; who advertises or holds himself out as engaged in such activities; who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodations; or who is engaged in the business of charging an advance fee or contracting for a collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.

Real property includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums.

To rent includes to lease, to sublease, to let and otherwise grant for consideration the right to occupy premises not owned by the occupant.

(Code 1986, § 72.02; Ord. No. 03-02, § 1, 1-7-2003)

Cross reference-Definitions generally, § 1-2.

Sec. 38-27. - Declaration of policy. back to top

It is declared to be the policy of the city in the exercise of its police power for the public safety, public health, and general welfare to ensure equal opportunity to obtain adequate housing by all persons, regardless of race, color, religion, ancestry, sex, place of birth, handicap, familial status, or national origin, and to that end to eliminate discrimination in housing.

(Code 1986, § 72.01)

Sec. 38-28. - Unlawful practices. back to top

In connection with any of the transactions set forth in this section which affects any housing operation on the open market or in connection with any public sale, purchase, rental or lease of any housing accommodation, it shall be unlawful within the city for a person, owner, financial institution, real estate broker or real estate salesperson, or any representative of such to:

(1) Refuse to sell, purchase, rent or lease or otherwise deny to or withhold any housing accommodation from a person or evict a person because of his race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin;

(2) Discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith;

(3) Refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of his race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin;

(4) Evict or refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of his race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin;

(5) Represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available or refuse to permit a person to inspect any housing accommodation because of his race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin when such dwelling is in fact available to persons who are financially qualified;

(6) Make, publish, print, circulate, post or mail or cause to be made, published, printed, circulated, posted or mailed any notice, statement or advertisement or announce a policy or sign or use a form of application for a sale, purchase, rental, lease or financing of any housing accommodation, or make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate;

(7) Offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease knowing that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith;

(8) Induce or discourage or attempt to induce or discourage (i) the sale; (ii) the purchase; (iii) the rental; (iv) the lease or (v) the listing for items (i), (ii), or (iv) of this subsection of any housing accommodations in an area, by means of:

a. Causing panic;

b. Inciting unrest; or

c. Creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, physical handicap or national origin, will or may result in:

1. The lowering of property values in that area;

2. The increase in criminal or antisocial behavior in the area; or

3. A decline in the quality of the schools serving the area;

(9) For 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, deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of the race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purpose of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling in relation to which such loan or other financial assistance is to be made or given; or

(10) Deny any person who is otherwise professionally qualified by state law access to or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings or discriminate against him in the terms or conditions of such access, membership, or participation on account of race, color, religion, ancestry, sex, gender identity or expression, sexual orientation, place of birth, handicap, familial status, or national origin.

(Code 1986, § 72.05; Ord. No. 03-02, § 2, 1-7-2003)

Secs. 38-29-38-55. - Reserved. back to top

Sec. 38-56. - Responsibility. back to top

The city commission shall be responsible for the administration of this article and for seeing that its provisions are observed and enforced. The city commission is empowered to make all necessary rules to accomplish this responsibility, which rules shall not become effective until approved, and, by rule, to delegate administrative and investigative authority to the fair housing board. The city commission is directed and authorized to seek substantial equivalency rating and recognition from the United States Department of Housing and Urban Development and other necessary federal agencies for title VIII of the 1968 Civil Rights Act enforcement within the general services district.

(Code 1986, § 72.03)

Sec. 38-57. - Cooperation with federal, state and local agencies administering fair housing laws. back to top

The city commission may cooperate with state, federal and other local agencies charged with the consent of such agencies, utilize the services of such agencies and their employees in carrying out this article. In furtherance of such cooperative efforts, the city commission may enter into written agreement with such local, state and federal agencies to make available such appropriated funds as are necessary to carry out the purpose of this article, but all such agreements shall be executed by the mayor and city clerk and countersigned by the executive director of the fair housing board.

(Code 1986, § 72.04)

Secs. 38-58-38-85. - Reserved. back to top

Sec. 38-86. - Office created, appointment. back to top

The office and position of fair housing director is created and established. The director shall be appointed by and shall serve at the will of the executive director of the housing authority. Such director shall be chosen by the executive director on the basis of qualifications and experience. The fair housing director shall serve under the supervision of the executive director.

(Code 1986, § 72.06)

Sec. 38-87. - Assistants. back to top

The executive director shall appoint such assistants to the fair housing director as may be necessary, subject to budgetary limitations, and shall provide the director required administrative support.

(Code 1986, § 72.06)

Sec. 38-88. - Duties and powers. back to top

The duties, functions, powers and responsibilities of the fair housing director shall be to:

(1) Implement the this article and rules and regulations promulgated under this article and all city ordinances, codes, rules and regulations pertaining to housing discrimination.

(2) Receive, initiate and investigate any and all complaints alleging violations of this article and take appropriate action to eliminate, conciliate, prevent and/or initiate prosecution of any such violations.

(3) Provide assistance in all matters relating to equal housing opportunity.

(4) Publish and disseminate public information and educational materials relating to housing discrimination.

(5) Subject to the approval of the fair housing board and the city commission, enter into written working agreements, as may be necessary to effectuate the purposes of this article, with federal, state, and county agencies involved in reducing housing discrimination.

(6) Keep the fair housing board fully and currently informed of all complaints alleging violations of this article and actions taken thereon and of other actions taken by the director under this section; and attend all meetings of the fair housing board.

(7) Implement recommendations received from the fair housing board concerning this article and in carrying out its purpose. When, in the opinion of the director, effectuating any such recommendation would be undesirable or infeasible, he will promptly so report to the board, with his reasons; any differences of judgment not susceptible to agreement between the board and director will be referred to the executive director for his determination, and the board may, if it feels the matter warrants, further carry any such disagreement to the city commission for decision.

(8) Make semiannual reports to the city commission, through the executive director, and to the fair housing board concerning the status of housing discrimination in the city and the enforcement of this article, and make recommendations concerning methods by which to reduce such discrimination.

(9) Perform such other administrative duties as may be assigned by the executive director.

(Code 1986, § 72.07)

Secs. 38-89-38-115. - Reserved. back to top

Sec. 38-116. - Created, appointment of members. back to top

The fair housing board is created and established. The housing authority is designated as the fair housing board and shall consist of five members appointed by the mayor with the approval of the city commission.

(Code 1986, § 72.08(a))

Sec. 38-117. - Qualifications of members. back to top

Members of the fair housing board shall be permanent residents and electors of the city. Appointments shall be made on the basis of community representatives, civic pride, integrity, experience and interest in the area of equal housing opportunities.

(Code 1986, § 72.08(b))

Sec. 38-118. - Terms of office. back to top

The terms of office of all members of the fair housing board shall be the same as for the housing authority as stipulated in F.S. § 421.05.

(Code 1986, § 72.08(c))

Sec. 38-119. - Organization. back to top

(a)The members of the fair housing board shall elect the chairperson and such other officers as may be deemed necessary or desirable, who will serve at the will of the board.

(b)Three members of the board constitute a quorum to hold a meeting or take any action. The majority vote of those present at a duly constituted meeting shall be sufficient for all actions.

(c)Members shall serve without compensation, but shall be entitled to be reimbursed for necessary expenses incurred in the performance of their duties upon approval of the city commission.

(Code 1986, § 72.08(d))

Sec. 38-120. - Meetings; assistance. back to top

(a) Meetings of the fair housing board shall be held monthly or more frequently. Notice of the time and place of the meetings 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, and meetings may also be called by written notice signed by three members of the board. All meetings shall be public.

(b) The executive director shall provide adequate and competent clerical and administrative personnel, technical and legal personnel, and administrative and professional support as may reasonably be required by the board for the proper performance of its duties. The executive director of the housing authority shall provide a regular meeting place for the board.

(Code 1986, § 72.08(e))

Sec. 38-121. - Executive director. back to top

The executive director of the housing authority shall perform as the executive director of the fair housing board and is responsible for providing administrative services and facilities for the enforcement of this article utilizing funds provided by the city commission.

(Code 1986, § 72.08(f))

Sec. 38-122. - Duties and powers. back to top

(a) The fair housing board shall have the duty, power, function, and responsibility to:

(1) Make recommendations to the fair housing director for the enforcement of this article and for carrying out its purpose.

(2) Review the fair housing director's actions and decisions on all complaints of housing discrimination received by or initiated by him.

(3) Conduct public hearings and make determinations concerning the fair housing director's actions and decisions on such complaints upon appeal by either the complainant or respondent, at the request of the fair housing director, or when the board deems it desirable, on its own initiative.

(4) Administer oaths and compel the attendance of witnesses and the production of evidence before it by subpoenas issued by the chairperson of the board.

(5) Review and comment on the fair housing director's semiannual report, forwarding such comment to the city commission through the executive director.

(6) In coordination with the fair housing director, take other informational, educational, or persuasive actions to implement the purpose of this article.

(b) In carrying out the functions of subsections (a)(2) and (3) of this section, the board shall have the power to uphold, rescind, reverse, or modify the actions, decisions, and recommendations of the fair housing director.

(Code 1986, § 72.09)

Secs. 38-123-38-150. - Reserved. back to top

Sec. 38-151. - Computation of time. back to top

The provisions of F.A.C. 1.090 shall govern the computation of any period of time prescribed by this article.

(Code 1986, § 72.10(j))

Sec. 38-152. - Service of papers or pleadings. back to top

All papers or pleadings required by this article to be served may be served by certified mail or in accordance with the provisions of F.A.C. 1.080(b).

(Code 1986, § 72.10(k))

Sec. 38-153. - Filing of complaint. back to top

Any person aggrieved by an unlawful practice prohibited by this article must file a written complaint with the fair housing director within 45 days after the alleged unlawful practice occurs.

(Code 1986, § 72.10(a))

Sec. 38-154. - Service of complaint. back to top

Upon receipt of a complaint made pursuant to this division, the fair housing director shall serve upon the individual charged with a violation (referred to as "the respondent") the complaint and a written resume setting forth the rights of the parties, including but not limited to the right of the respondent to a hearing on the matter before adjudication by the fair housing board. Such service may be by personal service or by certified mail.

(Code 1986, § 72.10(b))

Sec. 38-155. - Investigation and report. back to top

(a) The fair housing director shall immediately investigate the complaint made pursuant to this division. Within 60 days from the date of the receipt of the complaint, the director shall file a written report with the fair housing board, with findings of fact.
(b) Copies of the director's report shall also be sent to the complainant and the respondent. Either may, within ten days after such services, request a hearing before the board.

(Code 1986, § 72.10(c), (d))

Sec. 38-156. - Scheduling of hearing. back to top

When the fair housing director, the complainant, or the respondent requests a hearing by the fair housing board or when the board itself determines that a hearing is desirable, the board shall call and conduct such hearing in accordance with section 38-161.

(Code 1986, § 72.10(e))

Sec. 38-157. - Review of report without hearing. back to top

Where no fair housing board hearing is requested or directed under this division, the board will expeditiously review the report of the fair housing director and shall approve, rescind, reverse, or modify the director's findings and determinations of action.

(Code 1986, § 72.10(f))

Sec. 38-158. - Execution of actions. back to top

The fair housing director shall carry into execution the actions specified in his report made pursuant to this article, as approved or altered by the fair housing board in its review, or, if a hearing is held, shall carry into execution the actions determined upon by the board in the hearing.

(Code 1986, § 72.10(g))

Sec. 38-159. - Determinations. back to top

(a) The fair housing director in his report, as reviewed by the fair housing board, or the board in its review or its hearing may determine:

(1) The complaint lacks grounds upon which to base action for a violation of this article;

(2) The complaint has been adequately dealt with by conciliation of the parties;

(3) The complaint can be dealt with by adjudicative orders issued by the director; or

(4) The case warrants filing charges against the offending party in the appropriate court.

(b) In some cases, both conciliation and adjudicative orders and initiation of court action may be indicated.

(Code 1986, § 72.10(h))

Sec. 38-160. - Failure to comply. back to top

If the fair housing director, after review or hearing by the fair housing board, issues an adjudicative order to correct, adjust, conciliate, prevent, or prohibit any unlawful act prohibited by this article and the respondent refuses or fails to comply with or obey such adjudication, the director shall forthwith request that the state attorney file a complaint in the appropriate court.

(Code 1986, § 72.10(i))

Sec. 38-161. - Hearings. back to top

(a) When a hearing is required before the fair housing board, as specified in section 32-156, the board shall schedule the hearing and serve upon all interested parties a notice of the time and place of the hearing. The hearing shall be held promptly, but not less than 15 days after the service of such notice and of the fair housing director's written report as provided in section 38-155(b).

(b) The parties or their authorized counsel may file such statements with the board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the board in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The board shall not be bound by strict rules of evidence prevailing in courts of law or equity, but due process shall be observed. The board shall keep a full record of the hearing, which record shall be public and open to inspection by any person. Upon request by any principal party to the proceedings, the director shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.

(c) The board shall make a finding of fact and a determination of action to be taken under section 38-159.

(d) The board may issue subpoenas to compel access to or the production or appearance of premises, records, documents, individuals, and other evidence or possible sources of evidence relative to the complaint at issue.

(e) Upon written application to the board, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the board, to the same extent and subject to the same limitations as subpoenas issued by the city commission itself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.

(f) Witnesses summoned by subpoena of the board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the state courts. Fees payable to a witness summoned by a subpoena issued at the request of the respondent shall be paid by him, unless he is indigent, in which case the city shall bear the cost of the fees.

(g) Within ten days after service of a subpoena upon any person, such person may petition the board to revoke or modify the subpoena. The board shall grant the petition if it finds that the subpoena requires appearance or attendance, at any unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that is does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(h) If a person refuses to obey a subpoena, the board or the person at whose request it was issued may petition for its enforcement in the appropriate court.

(Code 1986, § 72.11)

Sec. 38-162. - Additional remedies. back to top

Nothing in this article shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled or from filing of any complaint with any other agency or any court having proper jurisdiction.

(Code 1986, § 72.12)

Sec. 38-163. - Report of violation or failure to comply with order to state. back to top

If a real estate broker, a real estate salesperson, or an employee thereof has been found to have committed an unlawful practice in violation of this article or has failed to comply with an order issued by the fair housing director, the director shall, in addition to the other procedures and penalties set forth in this article, report the facts to the state real estate commission.

(Code 1986, § 72.13)

Secs. 38-164-38-190. - Reserved. back to top