CopyCited 34 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 416, 1989 Fla. LEXIS 814, 1989 WL 101534
...Comment, supra, at 199 n. 46 (punitive damages are generally unavailable under Title VII). In private actions arising under Florida's Fair Housing Act, punitive damages are statutorily limited to no more than $1,000, a token wrist slap to a large corporate offender. § 760.35, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 2534244
...because he has to share the bathroom with another person, and this is not advisable because of the conditions of health that Wayne carries (HIV-positive). Belletete filed suit against Halford. Count I of the complaint alleged a violation of the Florida Civil Rights Act based on Florida Statutes sections
760.35 and
760.50. Count II alleged rental discrimination under Florida Statutes sections
760.23 and
760.35....
...Dorsey,
846 So.2d 1169, 1171 (Fla. 4th DCA 2003) ("Summary judgment should not be granted if there are genuine issues of material fact."). We first address Count I of Belletete's complaint. In this count, Belletete seeks relief under the FCRA, citing sections
760.35 and
760.50. However, neither of these sections is part of the FCRA; section
760.35 is included in the FHA and section
760.50 is included under Miscellaneous Provisions....
...Therefore, the summary judgment should be reversed and remanded on this ground for further proceedings to determine whether what transpired between Halford and Belletete was discrimination under section
760.50. We next address Count II, and the remaining portion of Count I, which deal with the FHA, including section
760.35....
...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 4 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 136250, 2015 WL 5737350
...§ 3613 (c), Similarly, in a civil action brought pursuant to the Florida Fair Housing Act, the Court "shall issue an ■ order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive and other equitable relief....” See Fla. Stat. § 760.35 (2)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18680
...as been unable to obtain voluntary compliance with ss.
760.20-760.37, the person aggrieved may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination pursuant to s.
760.35 to enforce the rights granted or protected by ss....
...60.34 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....
...In fact, since at least 2012, the Florida Commission on Human Relations has sought legislation that would amend the Florida Fair Housing Act to incorporate verbatim 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....
CopyPublished | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 22436, 2016 WL 726977
...Similarly, in a civil action brought pursuant to the Florida Fair Housing Act, the Court “shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive and other equitable relief....” See Fla. Stat. § 760.35 (2)....
CopyPublished | Florida 4th District Court of Appeal
...he City violated section
760.26 by discriminating against their affordable housing townhome
project based on its source of funding—affordable housing financing.
Through a third amended complaint, the developers seek remedies against
the City under section
760.35(4) of the Act, including declaratory relief,
injunctive relief, damages, and attorneys’ fees and costs. See §
760.35(4),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 6865406, 2013 Fla. App. LEXIS 20732
...5th DCA 2003) (“A motion is not a pleading.”). The requirement that a litigant serve “a copy of the pleading claiming the fees” does not, in short, apply to motions under section
120.595(5). 3 See also A.L. v. Jackson Cnty. School Bd., supra. The FCHR also relies on section
760.35(3)(c), Florida Statutes (2012), 4 which took effect on October 1, 1989, ch....
...ified way. Martha Edenfield, Attorney’s Fees and Costs, Fla. Bar Journal, Mar. 1997, at 73. Enacted subsequently, the second sentence of section
120.595(5) thus amended, albeit narrowly and discretely, the thither-to blanket prohibition set out in section
760.35(3)(c), which provides: “Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this subsection.” Attorneys’ fees remain unavailable under chapter 760 in most, if not all, the many instances authorized under analogous federal civil rights laws....
...Ohio Valley Co., Inc.,
510 F.2d 1184, 1189 (7th Cir.1975) and 2 A. Sutherland, Statutory Construction §§ 51.02, 51.05 (C. Sands 4th ed. 1973)). The mandatory language of the second sentence of section
120.595(5) does conflict with the language of section
760.35(3)(c), whether or not it conflicts with the core purpose of section
760.35(3)(e). The Legislature enacted section
760.35(3)(c) in 1989....
...Chapter 96-159 makes no cross-reference, and legislative history is silent as to any possible conflict. See Hines,
551 F.2d at 725. Under this general rule of statutory interpretation, therefore, the later-enacted statute, section
120.595(5), abrogates section
760.35(3)(c) to the extent that section
760.35(3)(c) prohibits the assessment of costs and fees even when the FCHR has erroneously rejected or modified an ALJ’s findings of fact. Because section
120.595(5) amends section
760.35(3)(c) pro tanto, and because the notice requirement of section
284.30 does not apply to administrative proceedings, we do not disturb the ALJ’s order under review granting Ms....
