Bill Text: FL S0374 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing Discrimination
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-08 - Chapter No. 2020-164 [S0374 Detail]
Download: Florida-2020-S0374-Introduced.html
Bill Title: Housing Discrimination
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-08 - Chapter No. 2020-164 [S0374 Detail]
Download: Florida-2020-S0374-Introduced.html
Florida Senate - 2020 SB 374 By Senator Rouson 19-00605-20 2020374__ 1 A bill to be entitled 2 An act relating to housing discrimination; amending s. 3 760.07, F.S.; removing housing discrimination as a 4 cause of action for certain relief and damages 5 stemming from violations of the Florida Civil Rights 6 Act of 1992; amending s. 760.34, F.S.; revising the 7 conditions under which an aggrieved person may 8 commence a civil action in any appropriate court 9 against a specified respondent to enforce specified 10 rights; providing that the aggrieved person does not 11 need to pursue certain other remedies before 12 commencing a civil action; making technical changes; 13 amending s. 760.35, F.S.; authorizing, rather than 14 requiring, a civil action to commence within a 15 specified period after an alleged discriminatory 16 housing practice; authorizing an aggrieved person to 17 commence a civil action regardless of certain 18 circumstances; prohibiting an aggrieved person from 19 filing a specified action in certain circumstances; 20 providing an exception; prohibiting an aggrieved 21 person from commencing a specified civil action if an 22 administrative law judge has commenced a hearing on 23 the record on the allegation; making technical 24 changes; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 760.07, Florida Statutes, is amended to 29 read: 30 760.07 Remedies for unlawful discrimination.—Any violation 31 of any Florida statute that makesmakingunlawful discrimination 32 because of race, color, religion, gender, pregnancy, national 33 origin, age, handicap, or marital status in the areas of 34 education, employment,housing,or public accommodations gives 35 rise to a cause of action for all relief and damages described 36 in s. 760.11(5), unless greater damages are expressly provided 37 for. If the statute prohibiting unlawful discrimination provides 38 an administrative remedy, the action for equitable relief and 39 damages provided for in this section may be initiated only after 40 the plaintiff has exhausted his or her administrative remedy. 41 The term “public accommodations” does not include lodge halls or 42 other similar facilities of private organizations which are made 43 available for public use occasionally or periodically. The right 44 to trial by jury is preserved in any case in which the plaintiff 45 is seeking actual or punitive damages. 46 Section 2. Section 760.34, Florida Statutes, is amended to 47 read: 48 760.34 Enforcement.— 49 (1) Any person who claims to have been injured by a 50 discriminatory housing practice or who believes that he or she 51 will be injured by a discriminatory housing practice that is 52 about to occur may file a complaint with the commission. 53 Complaints shall be in writing andshallcontain such 54 information and be in such form as the commission requires. Upon 55 receipt of such a complaint, the commission shall furnish a copy 56 to the person or persons who allegedly committed the 57 discriminatory housing practice or are about to commit the 58 alleged discriminatory housing practice. Within 100 days after 59 receiving a complaint, or within 100 days after the expiration 60 of any period of reference under subsection (3), the commission 61 shall investigate the complaint and give notice in writing to 62 the aggrieved personaggrievedwhether it intends to resolve it. 63 If the commission decides to resolve the complaint, it shall 64 proceed to try to eliminate or correct the alleged 65 discriminatory housing practice by informal methods of 66 conference, conciliation, and persuasion. Insofar as possible, 67 conciliation meetings shall be held in the cities or other 68 localities where the discriminatory housing practices allegedly 69 occurred. Nothing said or done in the course of such informal 70 endeavors may be made public or used as evidence in a subsequent 71 proceeding under ss. 760.20-760.37 without the written consent 72 of the persons concerned. Any employee of the commission who 73 makes public any information in violation of this provision is 74 guilty of a misdemeanor of the first degree, punishable as 75 provided in s. 775.082 or s. 775.083. 76 (2) Any person who files a complaint under subsection (1) 77 must do sobe filedwithin 1 year after the alleged 78 discriminatory housing practice occurred. The complaint must be 79 in writing and shall state the facts upon which the allegations 80 of a discriminatory housing practice are based. A complaint may 81 be reasonably and fairly amended at any time. A respondent may 82 file an answer to the complaint against him or her and, with the 83 leave of the commission, which shall be granted whenever it 84 would be reasonable and fair to do so, may amend his or her 85 answer at any time. Both the complaint and the answer mustshall86 be verified. 87 (3) IfWherevera local fair housing law provides rights 88 and remedies for alleged discriminatory housing practices which 89 are substantially equivalent to the rights and remedies provided 90 in ss. 760.20-760.37, the commission shall notify the 91 appropriate local agency of any complaint filed under ss. 92 760.20-760.37 which appears to constitute a violation of the 93 local fair housing law, and the commission shall take no further 94 action with respect to such complaint if the local law 95 enforcement official has, within 30 days afterfromthe date the 96 alleged offense was brought to his or her attention, commenced 97 proceedings in the matter. In no event shall the commission take 98 further action unless it certifies that in its judgment, under 99 the circumstances of the particular case, the protection of the 100 rights of the parties or the interests of justice require such 101 action. 102 (4)If, within 180 days after a complaint is filed with the103commission or within 180 days after expiration of any period of104reference under subsection (3), the commission has been unable105to obtain voluntary compliance with ss. 760.20-760.37,The 106 aggrieved personaggrievedmay commence a civil action in any 107 appropriate court against the respondent named in the complaint 108 or petition for an administrative determination underpursuant109tos. 760.35 to enforce the rights granted or protected by ss. 110 760.20-760.37 and is not required to petition for an 111 administrative hearing or exhaust administrative remedies before 112 commencing such action. If, as a result of its investigation 113 under subsection (1), the commission finds there is reasonable 114 cause to believe that a discriminatory housing practice has 115 occurred, at the request of the aggrieved personaggrieved, the 116 Attorney General may bring an action in the name of the state on 117 behalf of the aggrieved person to enforcethe provisions ofss. 118 760.20-760.37. 119 (5) In any proceeding brought underpursuant tothis 120 section or s. 760.35, the burden of proof is on the complainant. 121 (6) IfWheneveran action filed in court underpursuant to122 this section or s. 760.35 comes to trial, the commission shall 123 immediately terminate all efforts to obtain voluntary 124 compliance. 125 (7)(a) The commission may institute a civil action in any 126 appropriate court if it is unable to obtain voluntary compliance 127 with ss. 760.20-760.37. The commission doesneednot have to 128 petitionpetitionedfor an administrative hearing or exhaust 129exhaustedits administrative remedies beforeprior tobringing a 130 civil action. 131 (b) The court may impose the following fines for each 132 violation of ss. 760.20-760.37: 133 1. Up to $10,000, if the respondent has not previously been 134 found guilty of a violation of ss. 760.20-760.37. 135 2. Up to $25,000, if the respondent has been found guilty 136 of one prior violation of ss. 760.20-760.37 within the preceding 137 5 years. 138 3. Up to $50,000, if the respondent has been found guilty 139 of two or more violations of ss. 760.20-760.37 within the 140 preceding 7 years. 141 142 In imposing a fine under this paragraph, the court shall 143 consider the nature and circumstances of the violation, the 144 degree of culpability, the history of prior violations of ss. 145 760.20-760.37, the financial circumstances of the respondent, 146 and the goal of deterring future violations of ss. 760.20 147 760.37. 148 (c) The court shall award reasonable attorneyattorney’s149 fees and costs to the commission in any action in which the 150 commission prevails. 151 (8) Any local agency certified as substantially equivalent 152 may institute a civil action in any appropriate court, including 153 circuit court, if it is unable to obtain voluntary compliance 154 with the local fair housing law. The agency doesneednot have 155 to petitionpetitionedfor an administrative hearing or exhaust 156exhaustedits administrative remedies beforeprior tobringing a 157 civil action. The court may impose fines as provided in the 158 local fair housing law. 159 Section 3. Section 760.35, Florida Statutes, is amended to 160 read: 161 760.35 Civil actions and relief; administrative 162 procedures.— 163 (1) An aggrieved person may commence a civil actionshall164be commencedno later than 2 years after an alleged 165 discriminatory housing practice has occurred. However, the court 166 shall continue a civil case brought underpursuant tothis 167 section or s. 760.34from time to timebefore bringing it to 168 trial if the court believes that the conciliation efforts of the 169 commission or local agency are likely to result in satisfactory 170 settlement of the discriminatory housing practice complained of 171 in the complaint made to the commission or to the local agency 172 and which practice forms the basis for the action in court. Any 173 sale, encumbrance, or rental consummated beforeprior tothe 174 issuance of any court order issued under the authority of ss. 175 760.20-760.37 and involving a bona fide purchaser, encumbrancer, 176 or tenant without actual notice of the existence of the filing 177 of a complaint or civil action underthe provisions ofss. 178 760.20-760.37 isshallnotbeaffected. 179 (2) An aggrieved person may commence a civil action under 180 this section regardless of whether a complaint has been filed 181 under s. 760.34(1) and regardless of the status of any such 182 complaint. If the commission has obtained a conciliation 183 agreement with the consent of an aggrieved person under s. 184 760.36, the aggrieved person may not file any action under this 185 section regarding the alleged discriminatory housing practice 186 that forms the basis for the complaint except for the purpose of 187 enforcing the terms of the conciliation agreement. 188 (3) An aggrieved person may not commence a civil action 189 under this section regarding an alleged discriminatory housing 190 practice if an administrative law judge has commenced a hearing 191 on the record on the allegation. 192 (4)(2)If the court finds that a discriminatory housing 193 practice has occurred, it shall issue an order prohibiting the 194 practice and providing affirmative relief from the effects of 195 the practice, including injunctive and other equitable relief, 196 actual and punitive damages, and reasonable attorneyattorney’s197 fees and costs. 198 (5)(a)(3)(a)If the commission is unable to obtain 199 voluntary compliance with ss. 760.20-760.37 or has reasonable 200 cause to believe that a discriminatory practice has occurred: 201 1. The commission may institute an administrative 202 proceeding under chapter 120; or 203 2. The aggrieved personaggrievedmay request 204 administrative relief under chapter 120 within 30 days after 205 receiving notice that the commission has concluded its 206 investigation under s. 760.34. 207 (b) Administrative hearings shall be conducted under 208pursuant toss. 120.569 and 120.57(1). The respondent must be 209 served written notice by certified mail. If the administrative 210 law judge finds that a discriminatory housing practice has 211 occurred or is about to occur, he or she shall issue a 212 recommended order to the commission prohibiting the practice and 213 recommending affirmative relief from the effects of the 214 practice, including quantifiable damages and reasonable attorney 215attorney’sfees and costs. The commission may adopt, reject, or 216 modify a recommended order only as provided under s. 120.57(1). 217 Judgment for the amount of damages and costs assessed pursuant 218 to a final order by the commission may be entered in any court 219 having jurisdiction thereof and may be enforced as any other 220 judgment. 221 (c) The district courts of appeal may, upon the filing of 222 appropriate notices of appeal, review final orders of the 223 commission underpursuant tos. 120.68. Costs or fees may not be 224 assessed against the commission in any appeal from a final order 225 issued by the commission under this subsection. Unless 226 specifically ordered by the court, the commencement of an appeal 227 does not suspend or stay an order of the commission. 228 (d) This subsection does not prevent any other legal or 229 administrative action provided by law. 230 Section 4. This act shall take effect upon becoming a law.