5200-920
ORDINANCE NO. 5200-92
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
DISCRIMINATION IN HOUSING; CREATING NEW ARTICLES I AND II WITHIN
CHAPTER 99, CODE OF ORDINANCES, AND ASSIGNING CERTAIN EXISTING
SECTIONS TO ARTICLES I AND II; AMENDING SECTIONS 99.01, 99.02,
99.03, AND 99.045, CODE OF ORDINANCES, RELATING TO THE STATEMENT OF
PURPOSE, DEFINITIONS, AND THE DIRECTOR OF THE OFFICE OF COMMUNITY
RELATIONS; AMENDING SECTIONS 99.09 AND 99.095, CODE OF ORDINANCES,
RELATING TO THE PROCESSING OF COMPLAINTS OTHER THAN HOUSING
DISCRIMINATION COMPLAINTS; CREATING A NEW ARTICLE III WITHIN
CHAPTER 99, CODE OF ORDINANCES, CONSISTING OF NEW SECTIONS 99.20
THROUGH 99.23, RELATING TO DISCRIMINATORY HOUSING PRACTICES, TO
PROHIBIT CERTAIN PRACTICES AND PROVIDE FOR CERTAIN EXEMPTIONS,
PROCEDURES, REMEDIES AND PENALTIES; REPEALING SECTIONS 99.12,
99.13, 99.14, 99.15 AND 99.155, CODE OF ORDINANCES, RELATING TO
DISCRIMINATORY HOUSING PRACTICES, DISCRIMINATION IN THE FINANCING OF
HOUSING, DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES, AND
DISCRIMINATION IN THE SALE AND RENTAL OF VACANT LANDS; RENUMBERING
SECTIONS 99.16, 99.17 AND 99.18, CODE OF ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A new Article I, consisting of Sections 99.01 through 99.07,
is created within Chapter 99, rode of Ordinances, and Sections 99.01, 99.02,
99.03, and 99.045(a)(4), Code of Ordinances, are amended to read:
ARTICLE I. IN GENERAL
Sec. 99.01. Policy and finding.
(11) 4-4 Basic to good community relations in the city is the God-given
dignity and worth of humanity 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, in order to gain continuous growth in the
development of a just, righteous and compassionate society. The city commission
further affirms that in the city, with its population consisting of people of
both sexes, married and unmarried, the physically and mentallV impaired
handieapped, and people of every race, age, color, creed, national origin, and
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 found necessary and desirable to hereby
e eeated- through w,-ieh. the eity eff iejal ly may encourage and bring about mutual
understanding, to assist the efforts of citizens and groups who are striving
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to eliminate prejudice, privation, intolerance, bigotry, discrimination and
disorder occasioned thereby., and to give effect to the guarantee of equal rights
for all assured by the Constitution and the laws of Florida th4s torte and of the
United States of America.
M+4 The city commission further finds and declares that any violation
of the provisions and standards set out in this chapter shall
constitute an irreparable injury to the citizens of the city, and the city acting
on behalf of its citizens and to insure compliance with the policy set out
herein, shall have authority to seek injunctive relief or prevent any such
violation.
,(3)_ In addition the city-commission declares that the provisions of this
chapter serve the following purposes:
status. or handicap. in connection wi
_L The provisions of this chapter shall be liberally construed to
reserve the public safety, health and general welfare and to further the
purposes stated herein.
Sec. 99.02. Definitions.
As used in this chapter: The fellewi.ng words and phrase5--, ,..hnn ^d-in this
"Adverse inference" shall have the meaning as is given to the term in
application of Title VII of the Civil Rights Act, namely, that evidence withheld
by a respondent shall be inferred to be adverse. Such inference shall not arise
unless the file discloses:
(1) That the evidence requested is relevant;
(2) That the respondent was asked for the evidence with ample time to
produce it and with notice that failure to produce would result in an adverse
inference;
(3) That respondent produced neither the evidence nor an acceptable
explanation as to why the evidence was not produced.
Aggrieved person includes an_person _who claims to have been injured by
a discriminatory housing practice, or believes that he or she is likely to be
injured by a_ discriminatory housing practice that is about to occur.
"Circuit court" means the circuit court for the Sixth Judicial Circuit of
Florida. in and for Pinellas County.
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L}, To secure for all individuals within the-City the freedom from
discrimination because of race, color, reliaion. national oriain. sex. familial
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MyJMiiy.?4Ai,.y?'{.
"Conciliation agreement" means a written aareement settina forth t
"Covered multifamilv dwellina" means a building consistina of four or more
dwelling units, if the building has one or more elevators, or the ground-floor
dwellina units in anv buildina consistina of four or more dwelling units but
having no elevator.
"Director" means the director of the office of community relations.
"Discriminator housing practice" means an act rohibited b Section 99.20.
"Dwelling" means any building, structure, or portion thereof that is
occupied as, or designed or intended for occupancy as, a residence by one or more
families; or any vacant land that is offered for sale or lease for the
construction or location thereon of an such building, structure or ortion
thereof.
"Employee" does not include any individual employed by parents, spouse or
child.
"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.
"Employment agency" includes any person undertaking to procure employees
or opportunities to work.
"Familial status" means the condition or fact of a person's being- a
pregnant or (b) -domiciled with an individual younger than-18 years of age in
regard to whom the person is the parent or legal custodian, or has the written
permission of the parent or legal custodian to be domiciled with that Person-or
h is in the -process of obtaining legal custody of an individual oun er than 18
years-of age. A discriminatory act is committed because of familial status if
the act is committed because the-person who is the subject of the act is pregnant
or domiciled with an -individual younger than -18_ years of -age under the
3 circumstances set forth in this definition.
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"Family" includes a single individual, or two or more individuals living
together in the same household the grandpaF nts, „awnnts, Ghi ld en rethe 5 and
5i s t e r 5 7TrThl ! e+r__ 9tt-s .J-L7n'dTehildre n, o of eT }c-h e-r
nJG OTG'R o p .
-the-pFoperty owner or 5po 3
"Community-Relations Board" means the Community- Relations Board of the
City.
"Complainant" means any person who files a complaint under this chapter.
"Interested party" shall mean the person filing a complaint or the person
against whom a complaint has been filed.
"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 employers concerning grievances, terms or conditions of employment,
or of other mutual aid or protection in connection with employment.
"Office of Community Relations" means the agency of the City char ed with
the duties of implementino and enforcina the terms of this chanter.
"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 of or- amusement, transient hotels or motels,
restaurants, buffets, retail stores, theaters, 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.
Such term shall not include any institution, club or place of accommodation which
is in its nature distinctly private.
"Rent" or "to rent" includes to lease, to 'sublease, to"let, or otherwise
to grant for a consideration the right to occuov oremises not owned by the
occupant_._
"Residential real estate related transaction" means:
1. Makin or purchasing loans or providing other•financial assistance:
a. To urchase construct improve, repair, or maintain a dwellin • or
' b. Secured by residential real estate: or
2. Se1.ling, brokering, or appraisinc? residential real property.
- - ,_
Res on entII means the person accused of a violation of a provision of this
"Respondent"
chapter, or any person identified as an additional or substitute respondent or
an agent-of an additional or substitute respondent.
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"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.
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"Unlawful d4ser4fn4ateray it
Sec. 99.03. Director GeerdinatGp.
The city manager exere4sing his power of appe4ntment shall employ a
director Beep-4nate* and such other personnel as may be provided for in the
annual operating budget of the city
an ppropr4atien has been ma . It shall be the responsibility of the director
to serve as staff aide to the comunity relations board. to perform
the duties assigned-to-the director by this chapter. and to perform such other
duties of an administrative nature as may be assigned by the city manager.
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Sec. 99.045. Same--Officers,
(a) The chairperson of the community relations board serves for a term
of two (2) years and has the following duties:
(4) Appoint and define the roles of such committees as are necesary or
expedient to advise the board or its director Eeerdinatof-.
t?
Section 2. A new Article II, consisting of Sections 99.08 through 99.19,
is created within Chapter 99, Code of Ordinances, and Section 99.08, Code of
Ordinances, is amended to read:
ARTICLE 11. DISCRIMINATION OTHER THAN IN HOUSING
Sec. 99.08. Filing of complaints.
Any person alleging subjection to an unlawful discriminatory practice,.
other than a housino discriminatory practice prohibited by Section 99.20, shall
file with the community relations 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 against whom complaint is
made. The complaint 4-t shall also state the alleged facts surrounding the
alleged unlawful discriminatory practice and other such information as the board
may, require. A complaint sha11 be filed within one hundred and eighty (180) days
after the date of the alleged unlawful discriminatory practice in order to be
processed under this article ehapter-.
Section 3. Subsections (a) through (h) of Section 99.09, Code of
Ordinances, are redesignated as Subsections (1) through (8), respectively, and
Subsection (a) is amended to read:
Sec. 99.09. Processing complaints.
LU?4 Investigation; conciliation. Upon the filing of a complaint as
set forth in section 99.08, alleging an unlawful discriminator practice other
than a housing discriminatory- practice prohibited by Section 99.20, the staff of
the office of community relations within sixty (60) days shall make such
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investigation as the director eeqrdinat deems appropriate to ascertain facts
and issues. If, within sixty (60) days, the complaint is not settled and if the
director natew- shall determine that there are reasonable grounds to be Iieve
an unlawful discriminatory practice has occurred and is susceptible of
conciliation, then the director shall attempt to conciliate the
matter by methods of initial conference and persuasion with 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.
Section 4. Section 99.095, Code of Ordinance, is amended to read:
Sec. 99.095. Supplemental regulations.
This section shall be eensidered and construed as efte. effectuating the
policies and provisions contained in this article the ema4n { of this Ghapt?.
This section shall not be construed as one superseding other provisions of this
article, the remainder of 04 chapter and should a conflict be found to exist
between the two, then the other provisions of this article in conflict with this
section shall prevail.
Section 5. A new Article III, consisting of Sections 99.20 through 99.23,
is created within Chapter 99, Code of Ordinances, and Sections 99.20 through
i 99.23 are created to read:
ARTICLE III. HOUSING DISCRIMINATION
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Sec. 99.20. Discrimination in Housing--Prohibited Acts.
(I) Sale or Rental.
(a) A person shall not refuse to sell or to rent after the making of a
bona fide offer, 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, familial status, or handicap.
' (b) A person shall not discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in providing
services or facilities in connection with the sale or rental, because of race,
color, religion, national origin, sex, familial status, or handicap.
(c) This section does not prohibit discrimination against a person
because the person has been convicted under federal law or the law of any state
of the illegal manufacture or distribution of a controlled substance.
(2) Publication.
A person shall not make, print, or publish or cause to be made, printed,
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or published any notice, statement, or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, national origin, sex, familial status, or
handicap, or an intention to make such a preference, limitation, or
discrimination.
(3) Falsely Representing Availability.
A person shall not represent to any person because of race, color,
religion, national origin, sex, familial status, or handicap that a dwelling is
not available for inspection for sale or rental when the dwelling is available
for inspection, sale or rent.
(4) Entry Into Neighborhood.
A person shall not, for profit, induce or attempt to induce a person to
sell or rent a dwelling by representations regarding the entry or prospective
entry into a neighborhood of a person of a particular race, color, religion,
national origin, sex, familial status, or handicap.
(5) Handicap.
(a) A person shall not discriminate in the sale or rental or otherwise
make unavailable or deny a dwelling to any buyer or renter because of a handicap
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 that buyer or renter.
(b) A person shall not 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 the dwelling because of a handicap of:
1. That person;
2. A person residing in or intending to reside in that dwelling after
it is so sold, rented, or made available; or
3. Any person associated with that person.
(c) For purposes of this subsection only, discrimination includes:
1. A refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or to be occupied by the
person if the modifications may be necessary to afford the person full enjoyment
of the premises;
2. A refusal to make reasonable accommodations in rules, policies,
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practices, or services, when the accommodations may be necessary to afford the
person equal opportunity to use and enjoy a dwelling; or
3. In connection with the design and construction of a covered
multifamily dwelling for first occupancy after March 13, 1991 (the date that is
30 months after the date of enactment of the Fair Housing Amendments Act of 1988
(public taw 100-430)), a failure to design and construct the dwelling in a manner
that:
a. The public use and common use portions of the dwelling are readily
accessible to and usable by handicapped persons;
b. All the doors designed to allow passage into and within all premises
within the dwelling are sufficiently wide to allow passage by handicapped persons
in wheelchairs; and
c. All premises within the dwelling contain an accessible route into and
through the dwelling; light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations; reinforcements in bathroom walls
to allow later installation of grab bars; and usable kitchens and bathrooms so
that an individual in a wheelchair can maneuver about the space. Provided,
however, that compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing accessibility and
usability for physically handicapped people, commonly cited as "ANSI A117.1-
1986," is sufficient to satisfy the requirements of this subparagraph c.
(d) Nothing in this subsection 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.
(6) Residential Real Estate Related Transaction.
A person whose business includes engaging in residential real estate
related transactions shall not discriminate against a person in making a real
estate related transaction available or in the terms or conditions of a real
estate related transaction because of race, color, religion, national origin,
sex, familial status, or handicap.
(7) Brokerage Services.
A person shall not deny any person access to, or membership or
participation in, a multiple-listing service, real estate brokers, organization
or other service, organization, or facility relating to the business of selling
or renting dwellings, or discriminate against a person in the terms or conditions
of access, membership, or participation, on the basis of race, color, religion,
national origin, sex, familial status, or handicap.
(8) Interference, Coercion, or Intimidation.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any
person because of the exercise or enjoyment of, or an account of his or her
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having exercised or enjoyed, or on account of 'his or her having aided or
encouraged any other person in the exercise or enjoyment of, any right granted
or protected by this section.
(9) Effect On Other Laws.
(a) This section shall not affect or supersede any restriction imposed
by law or rule on the maximum number of occupants permitted to occupy a dwelling.
(b) This section shall not affect or supersede a requirement of
nondiscrimination in any state or federal law.
Sec. 99.21. Discrimination in Housing--Exemptions.
(1) Certain Sales and Rentals Exempted. The provisions of section 99.20
do not apply to:
(a) The sale or rental of a single-family house sold or rented by an
owner:
1. If the owner does not:
a. Own more than three single-family houses at any one tine; or
b. Own any interest in, nor is there owned or reserved on his behalf,
under any express, written or oral agreement, title to or any right to any part
of the proceeds from the sale or rental of more than three single=family houses
at any one time; and
2. If the house was sold or rented without the use of the sales or
rental facilities or services of a real estate broker, agent, or salesman
licensed under Florida law, or of an employee or agent of a licensed broker,
agent, or salesman, or in the case of a rental the facilities or services of the
owner of a dwelling; and there has been no making, printing, publication,
posting, or mailing of a notice, statement, or advertisement prohibited by
section 99.20(2); provided, however, that
3. This exemption applies only to one sale or rental in a 24-month
period if the owner was not the most recent resident of the house at the time of
the sale or rental.
(b) The sale or rental of rooms or units in a dwelling containing living
quarters occupied or intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of the living
quarters as the owner's residence.
(2) Religious Organization and Private Club Exemption.
(a) The provisions of section 99.20 do not prohibit a religious
organization, association, or society, or a nonprofit institution or organization
operated, supervised, or controlled by or in conjunction with a religious
organization, association, or society, from:
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I . Limiting the sale, rental, or occupancy of dwellings that it owns or
operates for other than a commercial purpose to persons of the same religion,
unless membership in the religion is restricted because of race, color, or
national origin; or
2. Giving preference to persons of the same religion, unless membership
in the religion is restricted because of race, color, or national origin.
(b) The provisions of section 99.20 do.-not prohibit a private club not
open to the public that, as an incident to its primary purpose, provides lodging
that it owns or operates for other than a commercial purpose from limiting the
rental or occupancy of that lodging to its members or from giving preference to
its members.
(3) Housing For Elderly Exempted.
(a) The provisions of section 99.20 relating to "familial status" do not
apply to housing intended for, and occupied solely by, persons 62 years of age
or older. Such housing qualifies for this exemption even though:
1. There were persons residing in such housing on September 13, 1988,
who were under 62 years of age, provided that all those who become occupants
after September 13, 1988, are persons 62 years of age or older;
2. There are unoccupied units, provided that all such units are reserved
for occupancy by persons 62 years of age or older;
3. There are units occupied by employees of the housing (and family
members residing in the same unit) who are under 62 years of age, provided they
perform substantial duties directly related to the management or maintenance of
the housing.
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(b) The provisions of section 99.20 relating to "familial status" shall
r not apply to housing intended and operated for occupancy by at least one person
j, 55 years of age or older per unit, provided that the housing satisfies the
requirements specified in subparagraphs 1 or 2 and in subparagraph 3 of this
paragraph (b) as follows:
1. The housing facility has significant facilities and services
specifically designed to meet the physical or social needs of older persons.
"Significant facilities and services specifically designed to meet the physical
or social needs of older persons" include, but are not limited to, one or more
but not necessarily all of the following: social and recreational programs,
continuing education, information and counseling, recreational, homemaker,
outside maintenance and referral services, an accessible physical environment,
r` emergency and preventive health care services or programs, congregate dining
facilities, transportation to facilitate access to social services, and services
designed to encourage and assist residents to use the services and facilities
available to them; or
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2. It is not practicable to provide significant facilities and services
designed to meet the physical or social needs of older persons, and the housing
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facility is necessary to provide important housing opportunities for older
persons. In order to satisfy this subparagraph, the owner or manager of the
housing facility shall demonstrate through credible and objective evidence that
the provision of significant facilities and services designed to meet the
physical or social needs of older persons would result in depriving older persons
in the relevant geographic area of needed and desired housing. The following
factors, among others, are relevant in meeting the requirements of this
subparagraph:
a. Whether the owner or manager of the housing facility has endeavored
to provide significant facilities and services designed to meet the physical or
social needs of older persons, either by the owner or by some other entity;
however, demonstrating that such services and facilities are expensive to provide
is not alone sufficient to demonstrate that the provision of such services is not
practicable;
b. The amount of rent charged, if the dwel l ings are rented, or the price
of the dwellings, if they are offered for sale;
C. The income range of the residents of the housing facility;
d. The demand for housing for older persons in the relevant geographic
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area;
e. The range of housing choices for older persons within the relevant
geographic area;
f. The availability of other similarly priced housing for older persons
in the relevant geographic area; however, if similarly priced housing for older
persons with significant facilities and services is reasonably available in the
relevant geographic area, then the housing facility does not meet the
requirements of this paragraph; and
9. The vacancy rate of the housing facility.
3. In addition to satisfying subparagraph 1 or 2 above, the housing
shall satisfy each of the following:
a. At least 80% of the units in the housing facility are occupied by at
least one person 55 years of age or older per unit except that a newly
constructed housing facility for first occupancy after March 12, 1989, need not
comply with this subparagraph until 250 of the units in the facility are
occupied; and
b. The owner or manager of a housing facility publishes and adheres to
policies and procedures which demonstrate an intent by the owner or manager to
provide housing for persons 55 years of age or older. The following factors,
among others, are relevant in determining whether the owner or manager of a
housing facility has complied with the requirements of this subparagraph:
i. The manner in which the housing facility is described to prospective
residents;
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ii. The nature of any advertising designed to attract prospective
residents;
iii. Age verification procedures;
iv. Lease provisions;
V. Written rules and regulations; and
vi. Actual practices of the owner or manager in enforcing relevant lease
provisions and relevant rules or regulations.
4. Housing satisfies the requirements of this subsection even though:
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a. On September 13, 1988, under 80% of the occupied units in the housing
facility were occupied by at least one person 55 years of age or older per unit,
provided that at least 80% of the units that are occupied by new occupants after
September 13, 1988, are occupied by at least one person 55 years of age or older;
b. There are unoccupied units, provided that at least 80% of such units
are reserved for occupancy by at least one person 55 years of age or over; and
c. There are units occupied by employees of the housing (and family
members residing in the same unit) who are under 55 years of age, provided they
perform substantial duties directly related to the management or maintenance of
the housing.
(4) Appraisal Exemption.
This section does not prohibit a person engaged in the business of
furnishing appraisals of real property from taking into consideration factors
other than race, color, religion, sex, handicap, familial status, or national
origin.
Sec. 99.22. Discrimination in Housing--Procedures.
(1) Duties and Responsibilities of Community Relations Board.
(a) The Community Relations Board through the Office of Community
Relations is empowered to administer the provisions of this article. The
Community Relations Board may adopt procedural rules for the implementation of
this article subject to the review and approval of the City Commission.
(b) The' Community Relations Board through the Office of Community
Relations shall receive, investigate, seek to conciliate, and act on complaints
alleging violations of section 99.20.
(c) The Community Relations Board shall cooperate with and, as
appropriate, may provide technical and other assistance to federal, state, local,
and other public or private entities that are formulating or operating programs
to prevent or eliminate discriminatory housing practices.
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(d) The Community Relations Board may issue subpoenas and order discovery
as provided by herein in aid of investigations and hearings as required. 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.
(e) The Community Relations Board through the Office of Community
Relations shall investigate alleged discriminatory housing practices, or where
applicable, institute or refer to the appropriate governmental authorities for
proceedings under applicable federal, state, or local law.
(2) Complaints.
(a) Not later than one year after an alleged discriminatory housing
practice has occurred or terminated, whichever is later:
1. An aggrieved person may file a complaint with the Office of Community
Relations.
2. The Community Relations Board may file its own complaint with the
Office of Community Relations.
(b) A complaint shall be in writing, in the form prescribed by the
Community Relations Board, shall allege the discriminatory housing practice, and
shall be executed under oath or affirmation before an official authorized to
administer oaths.
(c) A complaint may be amended at any time.
(3)
r' additional
{
(a)
has been f i
and choice
Upon the filing of a complaint, or the identification of an
respondent, the Office of Community Relations shall:
Give the complainant or aggrieved person notice that the complaint
led, and advise the complainant or aggrieved person of the time limits
of forums under this section; and
(b) Not later than the 20th day after the filing of the complaint or the
identification of an additional respondent, serve on each respondent:
1. A notice identifying the alleged discriminatory housing practice and
advising the respondent of the. procedural rights and obligations of a respondent
under this section; and
2. A copy of the original complaint.
(4) Answer.
a Not later than the 10th da after receipt of t
? ( ) y he notice and copy of
the complaint, a respondent shall file an answer to the complaint.
(b) An answer shall be in writing, in the form prescribed by the
Community Relations Board, and shall be executed under oath or affirmation before
13
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an official authorized to administer oaths.
(c) An answer may be amended at any time.
(d) An answer does not inhibit the investigation of a complaint.
(5) Investigation.
(a) For complaints filed with the Office of Community Relations as
provided-herein, and for all complaints that the federal government has referred
to the Office of Community Relations, or has deferred jurisdiction over the
subject matter of the complaint to the Office of Community Relations, the Office
of Community Relations shall commence investigation of the allegations set forth
in the complaint within 30 days after receipt of the complaint.
(b) The Office of Community Relations shall investigate all complaints,
and except as provided by subparagraph (c) of this paragraph, shall complete an
investigation not later than the 100th day after the date the complaint is filed,
or if it is unable to complete the investigation within the 100-day period, shall
dispose of all administrative proceedings related to the investigation not later
than one year after the date the complaint is filed. The Office of Community
Relations may investigate by using personal interviews, depositions, affidavits,
interrogatories, investigators, and any other legal means of obtaining
information, including the issuance of subpoenas and ordering discovery.
(c) If the Office of Community Relations is unable to complete an
investigation within the time periods prescribed in paragraph (b) of this
subsection, or is unable to dispose or complete all administrative proceedings,
the Office of Community Relations shall notify the complainant, aggrieved person,
and respondent in writing of the reasons for the delay.
(6) Additional or Substitute Respondent.
(a) The Office of Community Relations may join a person not named in the
complaint as an additional or substitute respondent if in the course of the
investigation it determines that the person should be accused of a discriminatory
housing practice.
(b) In addition to the information required in the notice of filing a
complaint, the Office of Community Relations shall include in a notice to a
respondent joined under this section an explanation of the basis for the
determination that the person is properly joined as a respondent.
(7) Conciliation.
(a) The Office of Community Relations shall, during the period beginning
with the filing of a complaint and ending with the filing of a charge or a
dismissal by the Office.of Community Relations, to the extent feasible, engage
in conciliation with respect to the complaint.
(b) The complainant and the respondent may enter into a conciliation
agreement, which agreement shall be subject to approval by the Office of
14
Community Relations. A conciliation agreement may provide for binding
arbitration or other methods of dispute resolution. Dispute resolution that
results from a conciliation agreement may authorize appropriate relief, including
monetary relief.
(c) Nothing said or done in the course of conciliation may be used as
evidence in a subsequent proceeding under this section without the written
consent of the persons concerned.
(8) Investigative Report.
(a) The Office of Community Relations shall prepare a final investigative
report showing:
1. The names and dates of contacts with witnesses;
2. A summary of correspondence and other contacts with the complainant
or aggrieved person and the respondent showing the dates of the correspondence
and contacts;
3. A summary description of other pertinent records;
4. A summary of witness statements; and
5. Answers to interrogatories.
(b) A final investigative report may be amended if additional evidence
is discovered.
(9) Reasonable Cause Determination.
(a) The Office of Community Relations shall determine, based upon the
facts, whether reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur. For the purposes of this section,
"reasonable cause" shall be based upon sufficiently trustworthy information which
€ would lead an impartial observer to a belief that a discriminatory housing
practice has occurred or is likely to occur.
(b) The Office of Community Relations shall make a reasonable cause
determination not later than the 100th day after the date a complaint is filed
unless:
I. It is impracticable to make the determination; or
2. The Office of Community Relations has approved a conciliation
agreement relating to the complaint.
(c) If it is impracticable to make the determination within the time
provided by subparagraph (b), the Office of Community Relations shall notify the
complainant and respondent or aggrieved person in writing of the reasons for the
delay.
15
(d) If the Office of Community Relations determines that reasonable cause
exists to believe that a discriminatory housing practice has occurred or is about
to occur, it shall immediately issue a reasonable cause finding on behalf of the
aggrieved person. A reasonable cause finding may be referred to as a "charge."
(I0) Charge.
(a) A reasonable cause finding:
1. Shall consist of a short and plain statement of the facts upon which
the Office of Community Relations has found reasonable cause to believe that a
discriminatory housing practice has occurred or is about to occur;
2. Shall be based-on the final investigative report; and
3. Need not be limited to the facts or grounds alleged in the complaint.
(b) Not later than the 20th day after the office of Community Relations
issues a reasonable cause finding, the Office of Community Relations shall send
a copy with information concerning the election of judicial determination as
provided for in this section to each respondent, together with a notice of the
opportunity for a hearing, and to each complainant or aggrieved person on whose
behalf the complaint was filed.
(11) Land Use Law,
If the Office of Community Relations determines that the matter involves
the legality of a state or local life, health, safety, zoning, land use or other
similar ordinance, the Office of Community Relations may not issue a charge
without first referring the matter to the city attorney for advice or appropriate
action.
' (12) Dismissal.
If the Office of Community Relations determines that no reasonable cause
exists to believe that a discriminatory housing practice has occurred or is about
to occur, it shall promptly dismiss the complaint and advise each complainant or
aggrieved person and respondent.
l (13) Pending Civil Trial.
The Office of Community Relations may not issue a reasonable cause finding
under this section regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the aggrieved party under
federal or state law seeking relief with respect to that discriminatory housing
practice.
(14) Election of Judicial Determination.
(a) A complainant, an aggrieved person, or a respondent may elect to have
the claims asserted in the complaint decided in a civil action pursuant to
section 99.23(3).
16
(b) The person making the election shall give written notice thereof
within 20 days after the date of receipt by,the electing person of service of a
copy of the charge or, in the case of the Community Relations Board, not later
than 20 days after the charge was issued. Such notice of election shall be given
to the Office of Community Relations and to all other complainants and
respondents to whom the complaint relates,
(15) City Attorney Action For Enforcement.
(a) If notice of election is timely given pursuant to subsection (14)
above, the Community Relations Board shall authorize the city attorney to file
a civil action in the circuit court seeking relief under this section on behalf
of the aggrieved person, and such action shall be filed within 30 days of giving
such authorization.
(b) An aggrieved person may petition the court for leave to intervene in
the action.
(16) Administrative Hearing.
(a) If notice of election is not timely given pursuant to subsection (14)
above, the Community Relations Board shall provide for a hearing on the charge.
(b) When the Community Relations Board determines that a hearing is
necessary it shall arrange for the hearing to be conducted by a hearing officer
from the State Division of Administrative Hearings.
(c) The hearing officer shall follow an informal hearing procedure
similar to the procedure set forth in Chapter 120, Florida Statutes, the Florida
Administrative Procedures Act.
(d) The city attorney shall provide legal representation for the
complainant or aggrieved person in such administrative proceedings, unless he or
she desires to be represented by his or her own legal counsel.
(e) The Community Relations Board shall review the hearing officer's
recommended order and the record and issue its final order within 30 calendar
days of the date it receives the recommended order.
(f) A hearing under this section may not continue regarding any alleged
discriminatory housing practice after the beginning of tree trial of a civil
action commenced by the aggrieved person seeking relief with respect to that
discriminatory housing practice.
(g) The final order of the Community Relations Board shall be subject to
judicial review in the circuit court by petition for writ of certiorari in the
manner provided by law and the rules of the court.
(17) . Effect of Community Relations Board Order.
A Community Relations Board order shall not affect a contract, sale,
encumbrance, or lease that:
17
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(a) Was consummated before the Community Relations Board issued the
order; and
(b) Involved a bona fide purchaser, encumbrancer, or tenant who did not
have actual notice of the charge filed under this section.
(18) Licensed or Regulated Business.
If the Community Relations Board issues an order with respect to a
discriminatory housing practice that occurred in the course of a business subject
to a licensing or regulation by a governmental agency, the Community Relations
Board shall, not later than the 30th day after the date of the issuance of the
order:
(a) Send copies of the findings and the order to the governmental agency;
and
(b) Recommend to the governmental agency appropriate disciplinary action.
(19) Order in Preceding Five Years.
If the Community Relations Board issues an order against a respondent
against whom another order was issued within the preceding five years, the
Community Relations Board shall send a copy of each order issued under that
section to the city attorney.
Sec. 99.23 Discrimination in Housing-Remedies; Penalties.
(1) Temporary or Preliminary Relief.
(a) If the Community Relations Board concludes at any time following the
filing of a complaint that prompt judicial action is necessary to c2,rry out the
purposes of this section, the City Commission shall authorize a civil action for
appropriate temporary or preliminary relief pending final disposition of the
complaint, in accordance with Section 160.34(8), Fla. Stat.
(b) On receipt of the City Commission's authorization, the city attorney
shall promptly file the action.
(c) The filing of a civil action under this section does not affect the
initiation or continuation of administrative proceedings under this section.
'(2) Administrative Penalties.
(a) Upon the conclusion of a hearing pursuant to section 99.22(16), if
the Community Relations Board believes a respondent has engaged in or is about
to engage in a discriminatory housing practice, the Community Relations Board may
order the appropriate relief, including actual damages, reasonable attorney's
fees, costs, and other injunctive or equitable relief, if permitted under
applicable federal or state law.
(b) After a finding that a particular charge has been sustained, the
18
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t
a
Community Relations Board may assess a civil penalty against the respondent in
an amount that does not exceed:
1. $10,000.00 if the respondent has not been adjudged by order of the
Community Relations Board or a court to have committed a prior discriminatory
housing practice;
2. Except as provided in paragraph (c) below, $25,000.00 if the
respondent has been adjudged by order of the Community Relations Board or a court
to have committed one other discriminatory housing practice during the five-year
period ending on the date of the filing of the charge; and
3. Except as provided by paragraph (c) below, $50,000.00 if the
respondent has been adjudged by order of the Community Relations Board or a court
to have committed two or more discriminatory housing practices during the seven-
year period ending on the date of the filing of the charge.
(c) If the acts constituting the discriminatory housing practice that is
the object of the charge are committed by the same individual who has been
previously adjudged to have committed acts constituting a discriminatory housing
practice, the civil penalties in subparagraphs 2 and 3 above may be imposed
without regard to the period of time within which any other discriminatory
housing practice occurred.
(d) Funds collected under this subsection shall be paid to the City and
shall be used to offset expenses incurred by the city in enforcing this article,
and in carrying out other efforts to further fair housing within the City.
(e) The penalties provided for herein are applicable regardless of
whether the Community Relations Board or an aggrieved party initiated the
investigation.
(3) Private Civil Action.
(a) An aggrieved person may file a civil action in the circuit court
pursuant to Section 760.35, Florida Statutes, not later than two years after an
alleged discriminatory housing practice has occurred.
(b) An aggrieved person may file an action regardless of whether he or
she has filed a complaint, and regardless of the status of any complaint filed
under this section.
(c) In such civil action, the plaintiff may seek declaratory and
injunctive relief, actual and punitive damages, and costs and reasonable
attorney's fees, as permitted by the court.
(d) Any aggrieved person may also have the right of appeal in any action
to which he or she is a party, as provided by law.
(e) upon authorization by the city commission, the city attorney may
intervene in a private civil action brought by an aggrieved person, if the city
commission certifies that the case is of significant public importance to the
19
t•
0
citizens of the City.
(4) Petition for Enforcement.
The Community Relations Board may seek enforcement of a final order issued
under Section 99,22 by filing a petition for enforcement in the circuit court.
Such petition for enforcement may request declaratory relief, temporary or
permanent equitable relief, a fine, forfeiture, penalty, or money judgment for
actual damages, attorney's fees, and costs, or combination thereof, as provided
in the Community Relations Board's final order.
(5) Pattern or Practice Cases.
i
1
i
t'
(a) Upon request of the City Commission, the city attorney shall file
a civil action in the circuit court for appropriate relief if the city commission
has reasonable cause to believe that:
1. A person is engaged in a pattern or practice of resistance to the
full enjoyment of any right granted by this article; or-
2. A person has been denied any right granted by this article and that
denial raises an issue of general public importance.
(b) In an action under this subsection, the court may make such awards
and order such relief as is provided for under Section 760.35, Fla. Stat.
Section 6. Sections 99.12, 99.13, 99.14, 99.15 and 99.155, Code of
Ordinances, are hereby repealed. Sections 99.16, 99.17 and 99.18, Code of
Ordinances, are renumbered as Sections 99.12, 99,13, and 99,14, respectively.
Sections 99.15 through 99.19 shall be designated as reserved for future use
within Article II of Chapter 99, Code of Ordinances.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
5-
CynT is E. Goudeau, City Clerk
20
V VT.
June 4, 1992
June 18, 1992
Rita Garvey, Mayor -Cam stoner
Approved as to form and correctness:
. A. ba ioraitp, jr./, ctty Attorney