- ARTICLE II. HUMAN RELATIONS BOARD
- Sec. 18-16. Established.
- Sec. 18-17. Composition; terms of office; procedures.
- Sec. 18-18. Function of board.
- Sec. 18-19. Jurisdiction.
- Sec. 18-20. Procedures; initiation of proceedings.
- Sec. 18-21. Hearing procedures.
- Sec. 18-22. Exclusivity.
- Sec. 18-23. Violation of conciliation agreement.
- Sec. 18-24. Appeal.
- Sec. 18-25. Enforcement.
- Secs. 18-26--18-35. Reserved.
- ARTICLE IV. FAIR HOUSING
- Sec. 18-39. Generally.
- Sec. 18-40. Definitions.
- Sec. 18-41. Discrimination in the sale or rental of housing and other prohibited practices.
- Sec. 18-42. Discrimination in the provision of brokerage services.
- Sec. 18-43. Discrimination in the financing of housing or in residential real estate transactions.
- Sec. 18-44. Prohibited discrimination in land use decisions and in permitting of development.
- Sec. 18-45. Exemptions.
ARTICLE II. HUMAN RELATIONS BOARD back to top
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Sec. 18-16. Established. back to top
A human relations board is hereby established.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-17. Composition; terms of office; procedures. back to top
The board shall consist of five (5) members who shall be appointed by the city commission. The membership qualifications, appointment procedures and terms of office of the members of the board shall be as set forth in chapter 2, article V, division 1 of this Code. All appointees to the board shall serve for a term of three (3) years. The board shall adopt rules of procedure which shall be subject to review and approval by the city commission.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03; Ord. No. 09-4874, § 1, 7-6-09)
Sec. 18-18. Function of board. back to top
The purpose of the board shall be to promote and encourage fair treatment and equal opportunity for all persons and shall promote mutual understanding and respect among all economic, social, racial, religious and ethnics groups and their members. In furtherance of this purpose, the board shall have the following functions:
(1) To foster mutual understanding and respect among all groups within the city;
(2) To encourage equality of treatment for, and prevent discrimination against any group or its members;
(3) Subject to the approval of the city commission, to cooperate with governmental and nongovernmental agencies and organizations having similar functions;
(4) Subject to the approval of the city commission, to make such investigations and studies in the field of human relations as in the judgment of the board will aid in effectuating its general purposes;
(5) Subject to the approval of the city commission, to assist various groups and agencies of the community to cooperate in educational campaigns devoted to the elimination of group prejudices, racial tensions, intolerance or discrimination;
(6) To recommend to the city commission such ordinances or policies as will aid in carrying out the purpose of this chapter;
(7) Subject to the approval of the city commission, to solicit and accept grants and donations on behalf of the city from foundations and others for the purpose of carrying out the above listed functions, subject to the approval of the city commission;
(8) To receive and investigate complaints of unlawful discriminatory practices;
(9) Subject to the approval of the city commission, to initiate its own investigations into unlawful discriminatory practices.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-19. Jurisdiction. back to top
The board shall hear all complaints alleging that a violation of this chapter has occurred. The board shall have the following powers and duties:
(1) To receive, initiate and investigate written complaints as provided by this chapter and board rules of procedure relative to alleged unlawful discriminatory practices;
(2) To hold hearings, require conciliation conferences and to compel the attendance of witnesses, administer oaths and take the testimony of any person under oath;
(3) To issue subpoenas and order discovery in aid of investigations and hearings as required under the provisions of this chapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as subpoenas and discovery in a civil action under the Florida Rules of Civil Procedure;
(4) To endeavor to resolve complaints, filed pursuant to this chapter, through conciliation;
(5) Upon the failure of conciliation, to review whether the evidence supports a decision to find reasonable cause that an unlawful discriminatory practice has occurred and in the event of such finding, to issue an authorization permitting the complainant to proceed with any civil remedy provided by this chapter;
(6) Subject to review and authorization by the city commission, to adopt, promulgate, amend and rescind rules and regulations for the operation of the board and to effectuate the policies of this chapter; and
(7) Any other powers and duties provided elsewhere in this chapter.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-20. Procedures; initiation of proceedings. back to top
(a) Any person alleging subjection to an unlawful discriminatory practice may file with the board a complaint in writing, sworn to or affirmed, 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, in detail, the alleged facts surrounding the alleged unlawful discriminatory practice and be in a form as prescribed by the board. A complaint may be amended at any time. A complaint shall be filed with the board within ninety (90) days after the date of the alleged unlawful discriminatory practice in order to be received under this chapter. The board shall assist complainants or respondents where necessary in the preparation and filing of complaints and answers.
(b) The board may join a person not named in the complaint as an additional respondent if in the course of its investigation it determines that the person should be accused of an unlawful discriminatory practice.
(c) Within ten (10) days after the filing of a complaint, the board shall serve on the respondent a notice of the complaint as well as a copy of the complaint. Not later than the tenth day after receipt of the notice and a copy of the complaint, the respondent shall file an answer. The answer must be in writing, under oath and in a form prescribed by the board. An answer may be amended at any time.
(d) All parties to a complaint may appear with counsel at all stages of the complaint procedure.
(e) Within thirty (30) days of receiving a complaint, the board shall commence such actions as may be necessary to fully investigate the allegations of the complaint.
(f) Conciliation:
(1) Within thirty (30) days of receiving a complaint, the board shall issue an order to all parties to engage in conciliation. All parties shall be required to engage in such conciliation in good faith. All conciliation conferences shall be informal.
(2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the board. Any conciliation agreement approved by the board shall constitute a final order of the board.
(3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from the conciliation agreement may award appropriate relief, including monetary relief.
(4) Each conciliation agreement shall be made public pursuant to the requirements of F.S. ch. 119.
(5) Nothing said or done in the course of conciliation under this article may be made public or used as evidence in a subsequent proceeding under this chapter or in any subsequent civil action without the written consent of all persons who participated in the conciliation.
(6) The provisions of this section notwithstanding, the complainant and the respondent may elect to engage in private settlement negotiations, with or without a mediator, and enter into a confidential settlement agreement which shall not become a public record unless it is filed with the city or the board.
(g) Whenever a complaint is filed and the board concludes on the basis of a preliminary investigation or other inquiry that prompt judicial action is necessary to carry out the purpose of this chapter, the board may request the city commission to immediately commence and maintain an action for appropriate temporary or preliminary relief pending final disposition of the complaint.
(h) All complaints filed with the board pursuant to this chapter, and all records and documents in the custody of the board shall be public records as provided for in F.S. ch. 119.
(i) Except as provided for in section 18-20, when any act is required or allowed to be done at or within a specified time by this chapter, for cause shown, the board, at any time in its discretion, may order the period enlarged or may permit the act to be done when failure to act was the result of excusable neglect.
(j) A complaint may be voluntarily dismissed by a complainant at any time. Upon the filing of a voluntary dismissal, the board's jurisdiction over the complaint shall terminate.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-21. Hearing procedures. back to top
(a) The board shall hold meetings as necessary to hear and dispose of pending matters. The board shall provide notice of the time and place of all meetings to all board members, all parties involved in complaints to be acted upon and the public. The board shall be provided with such professional assistance and staff as may be deemed necessary by the city commission to enable the board to perform its functions as assigned in this chapter.
(b) In the event that the board determines that a complaint is not capable of being resolved by conciliation, it shall hold a public hearing not earlier than sixty (60) days after the filing of a complaint nor later than one hundred eighty (180) days after the time of filing. The board shall serve upon all interested parties a notice of time and place of the hearing. The complainant and respondent or their respective counsel may file such statements with the board prior to the hearing as they deem necessary in support of their case. The hearing shall be open to the public and parties may appear without or without counsel. The parties may present testimony and the right to cross-examination shall be preserved. All testimony and evidence shall be under oath or by affirmation administered by the board. The board shall not be bound by strict rules of evidence. Subject to review and approval by the city commission, the board may adopt such additional rules of procedure for conducting its hearings and to effectuate the policies of this chapter.
(c) If by a majority vote the board, upon completion of an investigation and hearing, determines that no reasonable cause exists to believe that a violation of this chapter has occurred or is occurring, the board shall issue a final order dismissing the complaint and promptly notify the complainant and respondent of the board's action. Upon dismissal, the complainant shall have no further remedy pursuant to this chapter except as provided in section 18-24.
(d) If by a majority vote the board determines, upon completion of an investigation and hearing, that reasonable cause exists to believe that a violation of this chapter has occurred or is occurring, and has been unable to obtain successful conciliation of the complaint, the complainant may request that a notice of right to sue on the complaint be issued. Upon such request, the board shall promptly issue such notice to all parties. Upon issuance of a notice of right to sue, the complaint may avail himself of any legal remedies available pursuant to this chapter.
(e) The notice of right to sue shall include an authorization to the complainant to bring a civil action pursuant to this chapter within ninety (90) days from receipt of such authorization. After such time, said authorization shall become null and void.
(f) The board shall make a written finding of fact and conclusions of law following any hearing and enter its decision into the public record. The decision shall be executed by the chairperson.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-22. Exclusivity. back to top
(a) Any complaint filed with the board based upon an incident which is or has been the basis of a charge of a unlawful discriminatory practice filed with a county, state or federal government or any of its agencies or of a charge of an unlawful discriminatory practice filed in any court shall be dismissed by the board and not pursued further unless the agency in which the other complaint is pending refers said complaint to the board for investigation and disposition under this chapter.
(b) If at any time during the processing of a complaint, the complainant files a similar allegation of an unlawful discriminatory practice with a county, state or federal government, or any of their agencies or a complaint alleging an unlawful discriminatory practice in any court based upon the same incident that is the basis of a charge filed with the board, all proceedings concerning the processing of the complaint under this chapter shall be dismissed without prejudice and the board shall enter an order of dismissal accordingly.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-23. Violation of conciliation agreement. back to top
It shall be an unlawful discriminatory practice for any party to a conciliation agreement entered into pursuant to this chapter to violate the terms of such agreement.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-24. Appeal. back to top
Appeal from any final order, after hearing, by the board shall be by writ of certiorari to the circuit court, Twelfth Judicial Circuit.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-25. Enforcement. back to top
(a) Except as provided elsewhere in this chapter, no civil action may be commenced pursuant to this chapter without the plaintiff in any such action having exhausted all of his or her administrative remedies as provided for in this chapter and having received and delivered to the court a notice of right to sue as provided for in section 18-21.
(b) Whenever a complaint is filed and the board concludes on the basis of an investigation or other inquiry that prompt judicial action is necessary to carry out the purpose of this chapter, the board may request the city commission to immediately commence and maintain, an action for appropriate temporary or preliminary relief pending final disposition of the complaint by the board.
(c) Whenever the board has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this chapter, and that the pattern or practice is of such a nature as to deny the full exercise of the rights afforded by this chapter, or a person has been denied any right granted by this chapter and that denial raises an issue of general public importance, the board may request the city commission bring an appropriate civil action in a court of competent jurisdiction.
(d) In any civil action brought pursuant to this chapter, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice. The court may also award compensatory damages, including but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages. However, the judgment for the total amount of compensatory damages for a violation of section 18-38 by an employer employing between five (5) and fourteen (14) employees shall not exceed one hundred thousand dollars ($100,000.00). The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed one hundred thousand dollars ($100,000.00). In any action or proceeding under this section, the court, in its discretion may allow the prevailing party a reasonable attorney's fee as part of the cost. It is the intent of this section that this provision for attorney's fees be interpreted in a manner consistent with federal and state case law involving a title VII action. The right to trial by jury is preserved in any civil action filed pursuant to this chapter and any party may demand a trial by jury. Neither the board's determination of reasonable cause, or any testimony arising there from, shall be admissible into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private cause of action or for impeachment purposes. The commencement of any private cause of action pursuant to this section shall divest the board of jurisdiction over the complaint, except that the city may intervene in the civil action as a matter of right. Notwithstanding the aforesaid, neither the state, or its agencies and subdivisions, including the city, county, airport authority or school board shall be liable for punitive damages and the total amount of recovery against the state, or its agencies and subdivisions, including the city, county, airport authority or school board shall not exceed the limitation as set forth in F.S. § 768.28(5).
(e) A final order of the board may be enforced by any court of competent jurisdiction.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Secs. 18-26--18-35. Reserved. back to top
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ARTICLE IV. FAIR HOUSING back to top
Sec. 18-39. Generally. back to top
(a) It is the policy of this city to provide, within constitutional limitations, for fair housing throughout the city.
(b) The general purposes of this part are:
(1) To provide for execution within the city the policies embodied in Title VIII of the Federal Civil Rights Act of 1986, as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act) and F.S. §§ 760.20--760.37 (the Fair Housing Act; and
(2) To secure for all individuals within the city the freedom from discrimination because of age, color, disability, gender, marital status, national origin, race, religion, sexual orientation or veterans status in connection with housing, and thereby to promote the interests, rights and privileges of individual within the city.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-40. Definitions. back to top
The following words and phrases, when used in this article, shall have the following meanings:
Commission means the Florida Commission on Human Relations.
Covered multifamily dwelling means:
(1) A building which consists of four or more units and has an elevator; or
(2) The ground floor units of a building which consists of four (4) or more units and does not have an elevator.
Discriminatory housing practice means an act that is unlawful under the terms of this article.
Dwelling means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one (1) 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.
Familial status is established when an individual who has not attained the age of eighteen (18) years is domiciled with:
(1) A parent or other person having legal custody of such individual; or
(2) A designee of a parent or other person having legal custody, with the written permission of such parent or other person.
Family includes a single individual.
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.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-41. Discrimination in the sale or rental of housing and other prohibited practices. back to top
(a) 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(b) 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(c) 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status or an intention to make any such preference, limitation, or discrimination.
(d) It is unlawful to represent to any person because of age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(e) 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(f) The protections afforded under this article against discrimination on 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 eighteen (18) years.
(g) 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 disability of:
(1) That buyer or renter;
(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) Any person associated with the buyer or renter.
(h) 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 disability of:
(1) That buyer or renter;
(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) Any person associated with the buyer or renter.
(i) For purposes of subsections (g) and (h), discrimination includes:
(1) A refusal to permit, at the expense of the disabled 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 tear excepted; or
(2) 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.
(j) 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:
(1) The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons.
(2) 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.
(3) All premises within such dwellings contain the following features of adaptive design:
a. An accessible route into and through the dwelling.
b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
c. Reinforcements in bathroom walls to allow later installation of grab bars.
d. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (3).
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-42. Discrimination in the provision of brokerage services. back to top
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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-43. Discrimination in the financing of housing or in residential real estate transactions. back to top
(a) 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 age, color, disability, gender, marital status, national origin, race, religion, sexual orientation or veterans status 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status 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.
(b) (1) 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 age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(2) As used in this subsection, the term "residential real estate transaction" means any of the following:
a. The making or purchasing of loans or providing other financial assistance:
1. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
2. Secured by residential real estate.
b. The selling, brokering, or appraising of residential real property.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-44. Prohibited discrimination in land use decisions and in permitting of development. back to top
It is unlawful to discriminate in land use decisions or in the permitting of development based on age, color, disability, familial status, gender, marital status, national origin, race, religion, sexual orientation or veterans status, or, except as otherwise provided by law, the source of financing of a development or proposed development.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)
Sec. 18-45. Exemptions. back to top
(a) (1) Nothing in this article applies to:
a. 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. 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 this article only if the house is sold or rented:
1. 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
2. Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 18-41(c).
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.
b. 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 as his or her residence.
(2) For the purposes of paragraph (1), a person is deemed to be in the business of selling or renting dwellings if the person:
a. 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 interest therein;
b. Has, within the preceding twelve (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 (2) or more transactions involving the sale or rental of any dwelling or interest therein; or
c. Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
(b) Nothing in this article 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 this article 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.
(c) 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.
(d) (1) Any provision of this article regarding familial status does not apply with respect to housing for older persons.
(2) As used in this subsection, the term "housing for older persons" means housing:
a. 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;
b. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
c. Intended and operated for occupancy by persons fifty-five (55) years of age or older that meets the following requirements:
1. At least eighty (80) percent of the occupied units are occupied by at least one person fifty-five (55) years of age or older.
2. 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 1. and 3. 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 fifty-five (55) years of age or older. If those documents further provide a prohibition against residents sixteen (16) years of age or younger, that provision shall be construed, for purposes of this article, to only apply to residents eighteen 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 one (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.
3. 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 subparagraph b. Such surveys and affidavits are admissible in administrative and judicial proceedings for the purposes of such verification.
(3) Housing shall not fail to be considered housing for older persons if:
a. 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
b. 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.
(4) 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:
a. The person has no actual knowledge that the facility or the community is ineligible, or will become ineligible, for such exemption; and
b. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.
(5) A facility or community claiming an exemption under this subsection shall register with the commission and submit a letter to the commission stating that the facility or community complies with the requirements of subparagraph (2)a, subparagraph (2)b, or subparagraph (2)c. The letter shall be submitted on the letterhead of the facility or community and shall be signed by the president of the facility or community. This registration and documentation shall be renewed biennially from the date of original filing. The registration and documentation required by this paragraph shall not substitute for proof of compliance with the requirements of this subsection. Failure to comply with the requirements of this paragraph shall not disqualify a facility or community that otherwise qualifies for the exemption provided in this subsection.
(e) Nothing in this article:
(1) Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than age, color, disability, gender, marital status, national origin, race, religion, sexual orientation or veterans status.
(2) Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling.
(3) 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.
(4) 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 F.S. ch. 893.
(Ord. No. 03-4462, §§ 1, 2, 8-8-03)