Bill Text: FL S0410 | 2014 | Regular Session | Introduced

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Bill Title: Fair Housing Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-05-02 - Died in Community Affairs [S0410 Detail]

Download: Florida-2014-S0410-Introduced.html

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       Florida Senate - 2014                                     SB 410
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-00119-14                                            2014410__
    1                        A bill to be entitled                      
    2         An act relating to the Fair Housing Act; amending ss.
    3         760.34 and 760.35, F.S.; providing that a person
    4         aggrieved by a discriminatory housing practice may
    5         file a civil action to enforce the rights granted and
    6         protected by the Fair Housing Act without filing a
    7         complaint with the Florida Commission on Human
    8         Relations or without regard to the status of a
    9         complaint filed with the commission; providing that if
   10         the commission or local agency has obtained a
   11         conciliation agreement with the consent of a person
   12         aggrieved by a discriminatory housing practice in
   13         response to a complaint filed with the commission, the
   14         filing of a civil action to enforce rights granted and
   15         protected by the act is prohibited except to enforce
   16         the terms of such conciliation agreement; reorganizing
   17         provisions of the act for clarity; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 760.34, Florida Statutes, is amended to
   23  read:
   24         760.34 Enforcement; administrative procedures.—
   25         (1) A Any person who claims to have been injured by a
   26  discriminatory housing practice or who believes that he or she
   27  will be injured by a discriminatory housing practice that is
   28  about to occur may file a complaint with the commission.
   29  Complaints must shall be in writing and must shall contain such
   30  information and be in such form as the commission requires. Upon
   31  receipt of such a complaint, the commission shall furnish a copy
   32  to the person or persons who allegedly committed the
   33  discriminatory housing practice or are about to commit the
   34  alleged discriminatory housing practice. Within 100 days after
   35  receiving a complaint, or within 100 days after the expiration
   36  of any period of reference under subsection (3), the commission
   37  shall investigate the complaint and give notice in writing to
   38  the person aggrieved whether it intends to resolve it. If the
   39  commission decides to resolve the complaint, it shall proceed to
   40  try to eliminate or correct the alleged discriminatory housing
   41  practice by informal methods of conference, conciliation, and
   42  persuasion. Insofar as possible, conciliation meetings must
   43  shall be held in the municipality cities or other locality
   44  localities where the discriminatory housing practices allegedly
   45  occurred. Nothing said or done in the course of such informal
   46  endeavors may be made public or used as evidence in a subsequent
   47  proceeding under ss. 760.20-760.37 without the written consent
   48  of the persons concerned. An Any employee of the commission who
   49  makes public any information in violation of this provision is
   50  guilty of a misdemeanor of the first degree, punishable as
   51  provided in s. 775.082 or s. 775.083.
   52         (2) A complaint under subsection (1) must be filed within 1
   53  year after the alleged discriminatory housing practice occurred.
   54  The complaint must be in writing and must shall state the facts
   55  upon which the allegations of a discriminatory housing practice
   56  are based. A complaint may be reasonably and fairly amended at
   57  any time. A respondent may file an answer to the complaint
   58  against him or her and, with the leave of the commission, which
   59  shall be granted whenever it would be reasonable and fair to do
   60  so, may amend his or her answer at any time. Both complaint and
   61  answer shall be verified.
   62         (3) Wherever a local fair housing law provides rights and
   63  remedies for alleged discriminatory housing practices which are
   64  substantially equivalent to the rights and remedies provided in
   65  ss. 760.20-760.37, the commission shall notify the appropriate
   66  local agency of any complaint filed under ss. 760.20-760.37
   67  which appears to constitute a violation of the local fair
   68  housing law, and the commission shall take no further action
   69  with respect to such complaint if the local law enforcement
   70  official has, within 30 days after from the date the alleged
   71  offense was brought to his or her attention, commenced
   72  proceedings in the matter. In no event shall the commission take
   73  further action unless it certifies that in its judgment, under
   74  the circumstances of the particular case, the protection of the
   75  rights of the parties or the interests of justice require such
   76  action.
   77         (4) If, within 180 days after a complaint is filed with the
   78  commission or within 180 days after expiration of any period of
   79  reference under subsection (3), the commission has been unable
   80  to obtain voluntary compliance with ss. 760.20-760.37 or, the
   81  person aggrieved may commence a civil action in any appropriate
   82  court against the respondent named in the complaint or petition
   83  for an administrative determination pursuant to s. 760.35 to
   84  enforce the rights granted or protected by ss. 760.20-760.37.
   85  If, as a result of its investigation under subsection (1), the
   86  commission finds there is reasonable cause to believe that a
   87  discriminatory housing practice has occurred, the following
   88  actions may be taken to enforce the rights granted or protected
   89  by ss. 760.20-760.37:
   90         (a) At the request of the person aggrieved, the Attorney
   91  General may bring an action in the name of the state on behalf
   92  of the aggrieved person aggrieved if the commission finds there
   93  is reasonable cause to believe that a discriminatory housing
   94  practice has occurred to enforce the provisions of ss. 760.20
   95  760.37.
   96         (b) The person aggrieved may request administrative relief
   97  under chapter 120 within 30 days after receiving notice that the
   98  commission has concluded its investigation.
   99         (c) The commission may institute an administrative
  100  proceeding under chapter 120.
  101         (5) In any proceeding brought pursuant to this section or
  102  s. 760.35, the burden of proof is on the complainant.
  103         (6) Whenever an action filed in court pursuant to this
  104  section or s. 760.35 comes to trial, the commission shall
  105  immediately terminate all efforts to obtain voluntary
  106  compliance.
  107         (d)(7)(a) The commission may institute a civil action in
  108  any appropriate court if it is unable to obtain voluntary
  109  compliance with ss. 760.20-760.37. The commission need not have
  110  petitioned for an administrative hearing or exhausted its
  111  administrative remedies prior to bringing a civil action.
  112         1.(b) The court may impose the following fines for each
  113  violation of ss. 760.20-760.37:
  114         a.1. Up to $10,000, if the respondent has not previously
  115  been found guilty of a violation of ss. 760.20-760.37.
  116         b.2. Up to $25,000, if the respondent has been found guilty
  117  of one prior violation of ss. 760.20-760.37 within the preceding
  118  5 years.
  119         c.3. Up to $50,000, if the respondent has been found guilty
  120  of two or more violations of ss. 760.20-760.37 within the
  121  preceding 7 years.
  122         2. In imposing a fine under this paragraph, the court shall
  123  consider the nature and circumstances of the violation, the
  124  degree of culpability, the history of prior violations of ss.
  125  760.20-760.37, the financial circumstances of the respondent,
  126  and the goal of deterring future violations of ss. 760.20
  127  760.37.
  128         3.(c) The court shall award reasonable attorney attorney’s
  129  fees and costs to the commission in any action in which the
  130  commission prevails.
  131         (5)(8) Any local agency certified as substantially
  132  equivalent may institute a civil action in any appropriate
  133  court, including circuit court, if it is unable to obtain
  134  voluntary compliance with the local fair housing law. The agency
  135  need not have petitioned for an administrative hearing or
  136  exhausted its administrative remedies prior to bringing a civil
  137  action. The court may impose fines as provided in the local fair
  138  housing law.
  139         (6) Administrative hearings under subsection (4) shall be
  140  conducted pursuant to ss. 120.569 and 120.57(1).
  141         (a) The respondent must be served written notice by
  142  certified mail.
  143         (b) If the administrative law judge finds that a
  144  discriminatory housing practice has occurred or is about to
  145  occur, he or she shall issue a recommended order to the
  146  commission prohibiting the practice and recommending affirmative
  147  relief from the effects of the practice, including quantifiable
  148  damages and reasonable attorney fees and costs. The commission
  149  may adopt, reject, or modify a recommended order only as
  150  provided under s. 120.57(1). Judgment for the amount of damages
  151  and costs assessed pursuant to a final order by the commission
  152  may be entered in any court having jurisdiction and may be
  153  enforced as any other judgment.
  154         (c) The district courts of appeal may, upon the filing of
  155  appropriate notices of appeal, review final orders of the
  156  commission pursuant to s. 120.68. Costs or fees may not be
  157  assessed against the commission in any appeal from a final order
  158  issued by the commission under this subsection. Unless
  159  specifically ordered by the court, the commencement of an appeal
  160  does not suspend or stay an order of the commission.
  161         (7) This section does not require a person aggrieved by a
  162  discriminatory housing practice to file a complaint with the
  163  commission to enforce the rights granted and protected by ss.
  164  760.20-760.37. A person aggrieved by a discriminatory housing
  165  practice may commence a civil action pursuant to s. 760.35 to
  166  enforce the rights granted or protected by ss. 760.20-760.37
  167  without filing a complaint under this section and without regard
  168  to the status of a complaint filed under this section except as
  169  provided in s. 760.35.
  170         (8) Whenever an action filed in court pursuant to this
  171  section or s. 760.35 comes to trial, the commission shall
  172  immediately terminate all efforts to obtain voluntary compliance
  173  with ss. 760.20-760.37.
  174         (9) In any proceeding brought pursuant to this section or
  175  s. 760.35, the burden of proof is on the complainant.
  176         Section 2. Section 760.35, Florida Statutes, is amended to
  177  read:
  178         760.35 Civil actions and relief; administrative
  179  procedures.—
  180         (1) A civil action may shall be commenced no later than 2
  181  years after an alleged discriminatory housing practice has
  182  occurred. However, a civil action may not be commenced under
  183  this section if the commission or local agency, in response to a
  184  complaint filed under s. 760.34, has obtained a conciliation
  185  agreement with the consent of the person aggrieved by a
  186  discriminatory housing practice and the alleged discriminatory
  187  housing practice that formed the basis of the complaint also
  188  forms the basis of the civil action except for the purpose of
  189  enforcing the terms of such conciliation agreement. The court
  190  shall continue a civil action case brought pursuant to this
  191  section or s. 760.34 from time to time before bringing it to
  192  trial if the court believes that the conciliation efforts of the
  193  commission or local agency are likely to result in satisfactory
  194  settlement of a the discriminatory housing practice complained
  195  of in the complaint made to the commission or to the local
  196  agency and the alleged discriminatory housing which practice
  197  that formed the basis of the complaint also forms the basis for
  198  the civil action in court. Any sale, encumbrance, or rental
  199  consummated before prior to the issuance of any court order
  200  issued under the authority of ss. 760.20-760.37 and involving a
  201  bona fide purchaser, encumbrancer, or tenant without actual
  202  notice of the existence of the filing of a complaint or civil
  203  action under the provisions of ss. 760.20-760.37 may shall not
  204  be affected.
  205         (2) If the court finds that a discriminatory housing
  206  practice has occurred, it shall issue an order prohibiting the
  207  practice and providing affirmative relief from the effects of
  208  the practice, including injunctive and other equitable relief,
  209  actual and punitive damages, and reasonable attorney attorney’s
  210  fees and costs.
  211         (3)(a) If the commission is unable to obtain voluntary
  212  compliance with ss. 760.20-760.37 or has reasonable cause to
  213  believe that a discriminatory practice has occurred:
  214         1. The commission may institute an administrative
  215  proceeding under chapter 120; or
  216         2. The person aggrieved may request administrative relief
  217  under chapter 120 within 30 days after receiving notice that the
  218  commission has concluded its investigation under s. 760.34.
  219         (b) Administrative hearings shall be conducted pursuant to
  220  ss. 120.569 and 120.57(1). The respondent must be served written
  221  notice by certified mail. If the administrative law judge finds
  222  that a discriminatory housing practice has occurred or is about
  223  to occur, he or she shall issue a recommended order to the
  224  commission prohibiting the practice and recommending affirmative
  225  relief from the effects of the practice, including quantifiable
  226  damages and reasonable attorney’s fees and costs. The commission
  227  may adopt, reject, or modify a recommended order only as
  228  provided under s. 120.57(1). Judgment for the amount of damages
  229  and costs assessed pursuant to a final order by the commission
  230  may be entered in any court having jurisdiction thereof and may
  231  be enforced as any other judgment.
  232         (c) The district courts of appeal may, upon the filing of
  233  appropriate notices of appeal, review final orders of the
  234  commission pursuant to s. 120.68. Costs or fees may not be
  235  assessed against the commission in any appeal from a final order
  236  issued by the commission under this subsection. Unless
  237  specifically ordered by the court, the commencement of an appeal
  238  does not suspend or stay an order of the commission.
  239         (d) This subsection does not prevent any other legal or
  240  administrative action provided by law.
  241         Section 3. This act shall take effect July 1, 2014.