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ORDINANCE NO. 1843
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
REPEALING FORMER CHAPTER 7B AND CHAPTER 8A
OF THE CODE OF ORDINANCES OF THE CITY OF CLEAR-
WATER, FLORIDA, 1962, AND ENACTING NEW CHAPTER
7B RELATING TO COMMUNITY RELATIONS; SETTING FORTH
THE POLICY AND FINDINGS RELATING TO COMMUNITY
RELATIONS; PROVIDING DEFINITIONS; PROVIDING FOR
A COMMUNITY RELATIONS BOARD AND COORDINATOR;
PROVIDING THE OBJECTIVES OF THE COMMUNITY
RELATIONS BOARD AND SETTING FORTH ITS POWERS
AND DUTIES; PROVIDING FOR THE FILING OF COMPLAINTS
AND THE PROCESSING OF COMPLAINTS; PROVIDING FOR
PRACTICES THAT WOULD BE CONSIDERED DISCRIMINATORY
IN GENERAL; PROVIDING FOR PRACTICES THAT WOULD
BE CONSIDERED DISCRIMINATORY IN PUBLIC ACCOM-
MODATIONS AND THE EXCEPTIONS THERETO; PROVIDING
FOR PRACTICES THAT WOULD BE CONSIDERED
DISCRIMINATORY IN THE HOUSING AREA AND IN THE
PROVIDING OF FINANCING FOR HOUSING; PROVIDING
EXCEPTIONS TO SUCH PRACTICES; PROVIDING FOR
PRACTICES THAT WOULD BE CONSIDERED DISCRIMINATORY
IN THE FIELD OF EMPLOYMENT AND EXCEPTIONS
THERETO; PROVIDING A CIVIL REMEDY; PROVIDING
FOR REVIEW AND RE-EXAMINATION OF THE NEW CODE
ONE YEAR AFTER ITS ADOPTION; PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE.
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CHAPTER 7B--COMMUNITY RELATIONS
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. Chapter 7B, Community Relations, Chapter 8A, Fair
Housing, and Section 14-32. 1, Discrimination in Places of Public Accom-
modation or Public Recreational Facilities of Chapter 14, Offenses and
Miscellaneous Provisions, of the Code of Ordinances of the City of Clearwater,
Florida, 1962, are hereby repealed in their entirety and a new Chapter 7B
is enacted to read as follows:
Ord. ±1843
Section 7B-1. Policy and Findin .
Basic to good community relations in the City of Clearwater, Florida,
is the God-given dignity and worth of man. Our heritage has provided
the moral, ethical and spiritual foundation upon which civilization is
built. Moral and spiritual values intertwined with secular concern,
can unite the ability of all citizens to achieve the good life, based
on universal justice and full opportunity. The city commission therefore
affirms the necessity of good community relations between all groups in
the City of Clearwater, Florida, in order to gain continuous growth in
the development of a just, righteous and compassionate society. The
city commission further affirms that in Clearwater, with its population
consisting of people of both sexes, married and unmarried, the handi-
capped and people of every race, age, color, creed,. national origin,
ancestry, as well as people of differing education, social and economic
stations, there is no greater danger to health, morals, safety and
welfare of the city and its inhabitants than the existence of groups
prejudiced against one another and antagonistic to each other because
of these differences. The city commission hereby finds and declares that
acts of prejudice, intolerance, discrimination and disorder
occasioned thereby threaten the rights and proper privileges of its
inhabitants and menace the institutions and foundations of a free
democratic state. A community relations board is hereby created
through which the City of Clearwater, Florida, officially may encourage
and bring about mutual understanding and assist the efforts of citizens
and groups who are striving to eliminate prejudice, privation, intolerance,
bigotry, discrimination and disorder occasioned thereby and give effect
to the guarantee of equal rights for all assured by the Constitution
and the laws of this State and of the United States of America.
The city commission of the City of Clearwater, Florida, further finds
and declares that any violation of the provisions and standards set
out in this community relations code shall constitute an irreparable
injury to the citizens of the City of Clearwater, and the City of Clearwater,
acting on behalf of its citizens and to insure compliance with the policy
set out herein, shall have authority to seek injunctive relief to terminate
or prevent any such violation.
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Section 7B-2. Definitions. When used in this chapters
(1) The term "person" includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy, or receivers.
(2) The term "unlawful discriminatory practice" includes only those
practices specified in Section 7B-10 through 7B-19.
(3) The term "board", unless a different meaning clearly appears from
the context, rneans the Clearwater Community Relations Board,
created by this chapter.
(4) The term "public accommodation, resort or amusement" shall
include but not be limited to, except as hereinafter specified,
all places included in the meaning of such terms as; places or
resorts or amusement, transient hotels or motels, restaurants,
buffets, retail stores, theatres, motion picture houses, skating
rinks, amusement parks, bowling alleys, golf courses, library or
educational facilities supported in part or whole by public funds,
public conveyances (to include taxis, limousines and buses),
barber and beauty shops, hospitals, laundries, swimming pools,
nurseries, kindergartens, day-care centers and all those holding
a license for the sale of alcoholic beverages issued by the Division
of Beverage and the Department of Business Regulation of the
State of Florida. Such term shall not include any institution, club
or place of accommodation which is in its nature distinctly private.
(5) The term "housing accommodation" includes any building, structure,
or portion thereof which is used or occupied or is intended,
arranged or designed to be used or occupied, as the home,
residence or sleeping place of one or more human beings.
(6) The term "family" includes the grandparents, parents, children,
brothers, and sisters, whther by marriage or blood, and their
spouses and children, of either theproperty owner or spouse of
the property owner.
(7) The term "employment agency" includes any person undertaking
to procure employees or opportunities to work.
(8) The term "labor organization" includes any organization which
exists and is constituted for the purpose, in whole or in part,
of collective bargaining or of dealing with anployers concerning
grievances, terms or conditions of employment, or of other
mutual aid or protection in connection with employment.
(9) The term "employer" means any person who has fifteen (15) or
more full time employees in each of thirteen (13) or more calendar
weeks in the current or preceding calendar year, and any agent of
such person.
(10) The term "employee" does not include any individual
employed by parents, spouse or child,
(11) The term "interested party" shall mean the person filing a
complaint or the person against wham a complaint has been
filed.
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Section 7B-3.
Coordinator.
The city manager exercising his power of appointment shall employ
a coordinator and such other personnel as may be provided for in
the budget approved by the city commission and for which an
appropriation has been made. It shall be the responsibility of the
coordinator to serve as staff aide to the community relations
board and to perform such other duties of an administrative nature
as may be assigned by the city manager.
Section 7B-4. Community Relations _Board.
The Community Relations Board of the City of Clearwater is created
to be composed of thirteen (13) citizens of Clearwater, appointed by
the city commission to serve for terms of three (3) years. In
addition to minority representation on such Board, the Board shall
be chosen to assure representation for all ages, races, religious
beliefs and conditions of employment. There shall be on the Board
at all times at least one representative from each of the following
fields: retailimercinsid aingmanagem.ent; industrial management;
real estate sales; property leasing; mortgage financing; and law
enforcement. Property leasing shall include managing rental of
apartments, mobile home park lot leasing and motel management.
Their terms shall be set up on an overlapping basis and members may
not be appointed to serve more than two (2) consecutive terms. 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 and may be removed without cause by the city commission
at any time. Members of the Community Relations Board shall appoint
a chairperson and secretary and the Board may promulgate rules and
regulations for the conduct of its meetings and affairs.
Section 7B-5. Board Meetings.
The Board shall be required to hold at least nine (9) meetings each
year and may meet more frequently. 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, and -meetings may also be called
by written notice signed by three (3) members of the Board. All
meetings shall be public. The city manager shall provide such staff
as may reasonably be required in his discretion to assist the Board
in the performance of their duties. The city manager shall provide
a • regular meeting place for the Board.
Section- 7B-6. Objectives.
The objectives of the Board shall be:
(1) To promote and encourage fair treatment and equal opportunity for
all persons regardless of race, creed, color, seat, national origin,
age, handicap, or marital status and mutual understanding and
respect among all members, all economic, social, racial, religious,
and ethnic groups and shall endeavor to eliminate discrimination
against and antagonism between religious, racial, and ethnic
groups and their members.
(2) To cooperate with governmental and non-governmental agencies
and organizations having like or kindred functions.
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(3) 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.
(4) To assist various groups and agencies of the community to
cooperate in educational programs and campaigns, devoted
to the elimination of group prejudices, racial tension,
.intolerance or diRCrimination.
(5) To aid in permitting the City of Clearwater to benefit from the
fullest realization of its human resources; and
(6) To recommend that the City accept grants and contracts from
foundations and other sources for the purpose of carrying out
the above listed functions, subject to the approval of the city
commission.
The objectives set forth above are not to be construed as duties
and the Board shall have the discretion to determine when each
objective is implemented.
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Section 7B»7. Powers and Duties.
The powers and duties of the Board shall be:
(1) To receive, investigate and pans upon complaints and to cause,
through the Office of Community Relations, investigations of;
(a) Tension or prejudice in relation I_
to all matters involving race, creed, color, sex, national
origin, age, handicap, or marital status and disorder
occasioned thereby;
(b) Discrimination against any person, group of persons,
organization or corporation, whether practiced by private
persons, associations or corporations.
(2) To propose 'reasonable rules and regulations as are necessary
to effectuate the policies of this ordinance. Such rules and
regulations shall become effective upon approval by the city
commission.
Section 7B..8. Filing of Complaints.
Any person alleging subjection to an unlawful discriminatory practice
shall file with the Board through the Office of Community Relations,
a complaint in writing, sworn to or affirmed, which shall state the
name and address of the complainant and the person or persona
against whom complaint is made. It shall also state the alleged facts
surrounding the alleged unlawful discriminatory practice and other
such information as the Board may require. A complaint shall be filed
within one hundred and eighty days (180) after the date of the alleged
unlawful discriminatory practice in order to be processed under
this ordinance.
Section 7B..9. Processing Com lp ainte.
(1) Upon the filing of a complaint as set forth in section 7B-8, the
staff of the Clearwater Office of Community Relations within sixty
(60) days shall make such investigation as the Coordinator deems
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appropriate to ascertain facts and issues. If, wi?hin sixty(60) days, the complaint is not settle
d and if the Coordinator shall
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determine that there are reasonable grounds to believe an
unlawful discriminatory practice has occurred and is susceptible
of conciliation, then the Coordinator shall attempt to conciliate
the matter by methods of initial conference and persuasion withL a;.
all interested parties and such representatives as the parties,
may choose to assist them. Conciliation conferences shall be
informal, and all reasonable efforts shall be made by the parties
thereto to reach a settlement. i
(2) The terms of conciliation agreed to by the parties may be reduced
to writing and incorporated into a consent agreement to be signed
by the parties, which agreement is for conciliation purposes only t?s".;?'?'tr?.?'?,.`? ;•..
and does not constitute an admission by any party that the law
has been violated. Consent agreement shall be signed on behalf
of the Board by the Chairperson or Acting Chairperson. {r
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(3) If the Coordinator determines that the complaint lacks reasonable
grounds upon which to base a violation of this chapter, the Coordinator
shall dismiss the case, then the Coordinator shall inform the '
Board of his/her findings through written report or verbally. '
The Board in its discretion may order by a 3/4 majority vote such
further investigation as may be deemed necessary. If further
investigation is ordered, the results thereof shall be presented to
the Board in the form of a written report within ten (10) days and
shall be acted upon by the Board within an additional twenty (20)
days.
(4) If the Coordinator, with respect to a matter which involves a
contravention of this chapter, fails to conciliate a complaint,
after the parties, in good faith, have attempted such conciliation,
as provided in subsection (1) of this section, the Coordinator
shall notify the Board that he has been unable to conciliate the
complaint. The Board shall thereafter within ten (10) days notify
the State of Florida Division of Administrative Hearings that it
would like to have a hearing officer furnished to conduct an
administrative hearing with respect to such complaint.
The administrative hearing provided for herein shall be conducted
by the hearing officer within thirty (30) days of the State of Florida
Division of Administrative Hearings being notified of the Board's
request for a hearing officer. Any conciliation agreement
reached more than 36 hours prior to a scheduled administrative
hearing shall result in such hearing being cancelled.
(5) In conducting any administrative hearing to ascertain whether
or not there has occurred a failure to comply with the provisions
of this community relations code, the hearing officer shall have
the power to administer oaths, issue subpoenas, compel the
production of books, papers and other documents and receive
evidence. The hearing officer in the conduct of such administrative
hearing shall utilize a procedure similar to that provided in
Section 120. 57(1), Florida Statutes, and Section 120. 58, Florida
Statutes.
All recommended orders prepared by the hearing officer as a
result of such hearing or hearings shall conform with the re- '
quirements for such orders as set out in Section 120. 59, Florida ,
Statutes. At the conclusion of such administrative hearing, the
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the hearing officer shall transmit his proposed recommended
order composed of findings of fact and conclusions to the
Community Relations Board. The' Board shall review such order
and in an addendum to such order the Board may set forth its
findings and recommendations with respect to the order. In
reviewing such recommended order, the Board shall not have
the power. to receive or consider additional evidence. The
Board shall have no power to reject or modify the findings
of fact contained in the recommended order.
Following review of the recommended order, the Board sha11
serve a copy of the recommended order and its review and
recommendation on each party to the administrative proceed-
ings. The recommended order together with the recom-
mendation of the Board received by each party 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 a notice of appeal pursuant to Florida Appellate Rule
9. 110(2) within thirty (30) days of the issuance of such order
by the Community Relations Board. The City or the charging
party shall have authority to bring an action in equity in the
Circuit Court to implement the finial administrative order in
order to insure compliance with this code. The court of
equity shall be empowered to issue mandatory or prohibitive
injunction to implement such administrative order.
(6) In case of refusal to obey a subpoena issued by the hearing
officer, the City 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.
(7) Should any party fail or refuse to voluntarily comply with the
final order issued as provided herein, then, following the
expiration of the appeal time provided herein, the Board shall
forward such order together with its recommendation to the
City Commission with a request that the City Commission
authorize the City Attorney to bring such action or actions to
obtain complaince with this code.
(B) 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 may order the period enlarged or may
permit the act to be done when failure to act was the result of
excusable neglect.
Section 7B.-10. Unlawful Discriminatory Practices - General.
It shall be an unlawful discriminatory practice for any entity.
(1) To retaliate or discriminate in any manner against a person
because such person has opposed a practice declared to be an
unlawful discriminatory practice by this chapter or because
such person has filed a charge, testified, assisted or
participated in any manner in an investigation, proceeding,
hearing or conference under this chapter; or
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(2) To aid, abet, incite, compel or coerce any entity to engage in
any of the practices prohibited by this chapter or any order
issued thereunder; or
(3) To initiate any charge under the provisions of this chapter for
the purposes of harassment.
Section 7B-11. Limitations and Exceptions General.
j" The prohibitions of this chapter with respect to age shall not be
?t applicable when the individual alleged to have suffered age -y, ?^;??; ; ? ? r , •? „,.'::?:.,..
discrimination is less than eighteen (18) years of age unless such
individual is considered to be (legally) emancipated,
Section 7B-12. Unlawful Discriminator Practices 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, creed, color, national origin,
age, sex, handicap, or marital 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, or, 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, creed, color, national origin, age, sex,
handicap or marital status, or that the patronage of any person
belonging to any particular race, creed, color, sex, marital status,
age, handicap or national origin is unwelcome, objectionable or
not acceptable, desired or solicited. The provisions of this section
relating to building acces sability shall not apply to buildings or
facilities which existed on October 1, 1975.
Section 7B-13. Exceptions - Public Accommodations.
Nothing in Section 7B-12 shall be applied to;
(1) The limiting of the use of restroom to persons of one sex.
(2) A religious organization, association or society or any non-
profit institution or organization operating, supervised or
controlled by or in conjunction with a religious organization,
association or society from limiting facilities and accommoda-
tions wlAch it owns or operates, for other than a commercial
purpose, to persons of the same religion or from giving
preference to such persons.
Section 75-14. Discriminator Housing Practices.
Except as provided in Section 7B-15 hereof, it shall be an
unlawful discriminatory housipg practice:
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Ord., #1843 12/23/78
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(1) 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, color, religion, national origin,
sex, handicap or marital status.
(z) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the pro-
visions' of Services or facilities in connection therewith,
because of race, color, teligion, national origin, sex,
handicap or marital status,
(3) To represent to any person because of race, color, religion,
national origin, sex, handicap or marital status, that any
dwelling is in fact so available to persons who possess the
financial resources either to purchase or rent the dwelling
directly or who can secure from a financial institution the
necessary financial resources to purchase or rent the
dwelling.
(4) 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 discxirnination•, based on race,
color, religion, national origin, sex, handicap or marital
status.
(5) 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.
(6) To induce or attempt to induce any person to transfer an
inter-eat in any housing by representations regarding the
existing or potential proximity of real property owned,
used or occupied by any person of any particular race,
color, religion, national origin, sex, handicap, or marital
status.
(7) To promote, induce, influence or attempt to promote, induce or
influence by the use of post cards, 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, color, religious, nationality, ethnic, sexual,
handicapped or.marital status change in any street, block,
neighborhood, or any other area, due to the race, color,
religion, national origin, sex, handicap, or marital status
of actual or anticipated neighbors, tenants or prospective
buyers of any housing.
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(8) 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, corn-
munity tension or fear of racial, color, religious, nationality,
ethnic, sexual, handicapped 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 or other
representation in 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.
(9) 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, color,
religious, nationality, ethnic, sexual, handicapped or marital
status composition of such neighborhood, block or area.
(10) To place or display any device or to indicate by use of post
cards, letters, circulars, telephone, visitation or any other
means, directly or indirectly, either purporting to offer for
sale, rental, leasing, assignment, transfer or other disposi-
tion, 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.
Section 7B-15. Discrimination in the Financing of Housing.
It shall be discriminatory housing practice for any bank, building
and loan association, insurance company ox 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 financially qualified
person applying therefor for the purpose of purchasing, construction,
improving, repairing, or maintaining a dwelling or to discriminate
against him in the fixing of the amount, intexest rate, duration, or
other terms or conditions of such loan or other financial assistance,
because of the race, color, religion, national origin, sex, handicap,
marital status or age of such person or any person associated with
him in connection with such loan or other financial assistance, or
the purposes of such loan or other financial assistance, or 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; provided, that nothing
contained in this section shall impair the scope or effectiveness of
the exceptions in 7B"17 hereof.
Section 7B-lb. Discrimination in the Provision of Brokerage Services.
It shall be a discriminatory housing practice to deny any person
who is otherwise professionally qualified by state law, access to or
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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 in the terms or conditions of such
access, membership, or participation, on account of race, color,
religion, national origin, sex, handicap, or marital status.
Section 7B-.17, Exceptions.
Nothing in Sections 7B-14, 7B»15 and 7B.16 shall apply to:
(1) A religious organization, association or society, or any non-
profit institution or organization operated, supeivlsed 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 religion is restricted on account of race, color,
national origin, sex, age, handicap, or marital status.
(2) 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 residence.
(3) Any single family house or duplex sold or rented by an owner,
who does not own more than three (3) such single family houses
or duplexes at any one time, if such house 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 or without the publication, posting or mailing
of any advertisement or written document in contravention of
Section 78-14, but, this shall not prohibit the use of an,attorney,
escrow agents, abstractors, title companies and such other
professional assistance as is necessary to perfect or transfer
title to a dwelling. For the purpose of Section 7B-17 (2) and (3),
a person shall be deemed to be in the business of selling or
renting dwellings if:
(a)He has, within the preceding twelve (12) months, participated
as agent, other than in the sale of transactions involving
the sale or rental of any dwelling or any interest therein;
or
(b)He has, within the preceding twelve (12) months, participated
as agent, other than in the sale of his 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
(c)He is the owner of any dwelling designed for or intended for
occupancy by, or occupied by, five (5) or more families.
(4) 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 cohabit the single dwelling unit.
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Section 7H-18. Em to ent.
It shall be an unlawful discriminatory practice:
,A„.,
OA?;
(1) For an employer, because of the race, creed, color,
national origin, sex, age, handicap, or marital status, to
refuse to hire or employ or to bar or to discharge from
employment such individual in compensation or in terms,
conditions, or privileges of employment.
(2) For an employer to limit, segregate or classify his employees
or applicants for employment in any way which would deprive
or tend to deprive any individual of employment opportunities
or otherwise adversely affect his/her status as an employee,
because of such individual's race, creed, color, sex, age,
marital status, handicap or national origin.
(3) For an employment agency to discriminate against any
individual because of an individuals race, creed, color,
national origin, age, handicap, or marital status, in
receiving, classifying, disposing or otherwise acting upon
applications for its services or in referring an applicant
or applicants to an employer or employers.
(4) For a labor organization, because of the race, creed, color,
national origin, age, handicap, or marital status of any
individual, to exclude or expel from its member ship such
individual, or to discriminate in any way against any of its
members or against any employer or any individual
employed by any employer.
(5) For any employer or employment agency, to print or circulate
or cause to be printed or circulated any statement, advertise-
ment or publication or to use any form of application for
employment or make any inquiry in connection with prospective
employment, which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed,
color, national origin, sex, age, handicap, or marital status,
or any intent to make such limitation, specification or
discrimination, unless based upon a bona fide occupational
qualification.
(b) For any employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or re-
training programs to discriminate against any individual because
of race, creed, color, sex, national origin, age, marital status,
or handicap, in admission to, or employment in, any program
established to provide apprenticeship or other training.
(7) For any employer, employment agency, or labor organization
to engage in any conduct prohibited under paragraphs (1) through
(b) of this section because an individual is between the ages of
forty (40) and over, unless based upon a bona fide: occupational
qualification.
(8) All of the provisions of this article shall also relate to and be
construed to prohibit any discrimination by any employer, public
or private, against any person because of the physical handicap
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of such person. No employer shall refuse employment to
the physically handicapped on the basis of disability alone
unless it is shown that the particular disability prevents the
satisfactory performance of the work involved. For the
purposes of this article, "Physical Handicap" shall refer to
any stabilized physical disability, infirmity, malformation
or disfigurement which is caused by bodily injury, birth
defect, or illness. "Physical handicap" shall include
epilepsy, and any degree of paralysis, amputation, lack of
physical coordination, blindness, or visual impediment,
muteness or speech impediment or physical reliance on a
seeing-eye dog, wheelchair, or other remedial appliance or
device or illness with reasonable medical prognosis for recovery
or stabilization.
But nothing contained in this section shall be construed to
prohibit discrimination where said discrimination is based
on a bona fide occupational qualification reasonably neces-
sary to the normal operation of a particular business or
enterprise; nor shall anything in this section be deemed to
preclude the varying of insurance coverages according to an
employee's age. The bona fide occupational exemption shall
be interpreted based only on the specific job standards or
qualifications applicable to a given job or occupation.
Section 7B-19. Exzceptions - Employment.
Nothing in Section 7B-15 shall apply to a school, college, university,
educational institution, institution of learning or organization to hire
and employ persons of a particular religion if such institution or
organization is, in whole or in substantial part, owned, supported,
controlled or managed by a particular religious corporation,
association or society, or if the curriculum of such school, college,
university or other institution of learning is directed toward the
propogation of a particular religion.
Section 7B-20. Penalty.
Any person, organization, society, association or corporation,
or any agent or representative thereof, who shall violate the provisions
of this ordinance shall be subject, upon conviction, to a fine not
exceeding the sum of Five Hundred Dollars (:500. 00), or imprisonment
for not exceeding sixty (60) days, or by both such fine and imprison-
ment in the discretion of the Judge.
Section 7B-21. Civil Remed .
No person, organization, society, association, or corporation,
or any agent or representative thereof shall violate any of the
provisions Of this ordinance or refuse to obey any final admin-
istrative order issued by a hearing officer relating to this
ordinance. In the event of any such violation or imminent threat
thereof, or upon any partyls refusal to comply with any final
administrative order, the City Attorney upon being authorized by
;the City Commission may institute a suit for injunction to prevent
or terminate such violation or to obtain compliance with any
final administrative order.
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Section 2. All ordinances or parts of ordinances in conflict here-
with are to the extent of such conflict hereby repealed.
Section 3. Should any section, paragraph, sentence or word of
this ordinance be declared for any reason to be invalid, the same shall not
affect the validity of the ordinance as a whole, or any part thereof other
than the part declared to be invalid.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 5. That this ordinance shall be subject to review and re-
examination by the City Commission for possible changes or amendments
one (1) year after its passage.
Section '6.' The provisions of this ordinance shall take effect im-
mediately upon its passage.
PASSED ON FIRST READING December- 7, 1978
PASSED ON SECOND AND FINAL
READING AND ADOPTED December 21, •1978
AS AMENDED
Mayor - Commissioner
-?, Attest:
r• - r
?r
City Clerk
?Ord''f184 .
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