CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 2534244
...Enforcement of this provision falls to the Commission on Human Relations and "[a]ny person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be injured by a discriminatory housing practice that is about to occur may file a complaint with the commission." §
760.34(1), Fla. Stat. The trial court did not err by granting summary judgment on Belletete's FHA claims in Counts I and II because the claims were barred by the doctrine of exhaustion of administrative remedies. Sections
760.34 and
760.35 contain much the same language and structure as their counterpart in the FCRA, section
760.11....
CopyCited 3 times | Published | District Court, S.D. Florida
...The Florida Fair Housing Act is the state counterpart to the federal Fair Housing Act. Like the federal statute, the Florida Fair Housing Act provides a private right of action for "[a]ny person who claims to have been injured by a discriminatory housing practice." Fla. Stat. § 760.34 (1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18680
...administrative determination pursuant to s.
760.35 to enforce the rights granted or protected by ss.
760.20-760.37. (Emphasis added.) Only the Florida Commission on Human Relations is exempt from complying with the exhaustion requirement in the Act. Section
760.34(7)(a) of the Act provides: The commission may institute a civil action in any appropriate court if it is unable to obtain voluntary compliance with ss....
...y under subsection (3) of section 736.34) to resolve the complaint. Thereafter, “[i]f within 180 days ... the commission has been unable to obtain voluntary compliance, the person aggrieved may commence a civil action in any appropriate court .... § 760.34(4). Only the Commission may circumvent this procedure. § 760.34((7)(a)....
...o live with him. The Belletete court found, as do we in the ease before us, that the trial court lacked subject matter jurisdiction to hear Belletete’s Fair Housing Act claim because he had not participated in the statutory conciliation process in section
760.34 of the Act. The Belletete court informed its analysis by examining the Florida Civil Rights Act. The Florida Civil Rights Act contains much of the same language as the Florida Fair Housing Act.
886 So.2d at 310 (noting that sections
760.34 and
760.35 contain much the same language and structure as their Florida Civil Rights Act counterpart, section
760.11); see also Hankey v....
...2000) (noting that the legislative intent with respect to a given phrase can be determined by examining other uses of the phrase in a similar context). For example, the parallel section to the Florida Fair Housing Act’s “Enforcement” provision, section
760.34, is section
760.11 of the Florida Civil Rights Act, titled “Administrative and civil remedies.” Section
760.11 states in relevant part that “[a]ny person aggrieved by a violation ss.
760.01-760.10 may file a complaint with the commission.” §
760.11 (emphasis added). In almost. identical language, section
760.34(1) of the Florida Fair Housing Act provides that “[a]ny person who claims to have been injured by a discriminatory housing practice or believes that he or she will be injured by a discriminatory practice that is about to occur may file a complaint with the commission.” §
760.34(1) (emphasis added)....
...Section
760.11 further provides that following the 180th day after filing a complaint with the Florida Commission on Human Relations, an aggrieved person may bring a civil action against the person named in the complaint or request an administrative hearing. §
760.11(4),(8). Section
760.34(4) provides that following the 180th day after filing a complaint with Florida Commission on Human Relations, an aggrieved person may commence a civil action or petition for an administrátive determination....
...either a lawsuit or administrative proceeding” under the Florida Civil Rights Act,
886 So.2d at 310 (quoting Ross v. Jim Adams Ford, Inc., 871 So,2d 312, 315 (Fla. 2d DCA 2004)), the Billetete court concluded that the nearly identical language in section
760.34(4) of the Florida Fair Housing Act should be given the same interpretation....
...rbatim the language of 42 U.S.C. § 3613 (a)(2). See, e.g., Fla. S.B. 442 (2012) (proposing to amend section
760.35 to state that “[an] aggrieved person may commence a civil action under this section whether or not a complaint has been filed under s.
760.34 and without regard to the status of that complaint”); Fla....
...the opportunity to investigate and prosecute any fair housing complaint within its jurisdiction in the stead of the Commission, provided that the local enforcement official commences proceedings within thirty days of being notified of the complaint. § 760.34(3)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9002, 1995 WL 502096
...thin 180 days of the alleged violation. Similarly, sections
760.23,
760.24, and
760.25 describe prohibited practices in the sale or rental of housing, in the provision of real estate brokerage services, and in real estate financing and transactions. Section
760.34, Florida Statutes (1991), provides that a person aggrieved by a discriminatory housing practice may file a complaint with the Commission....
