The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.35

760.35 Civil actions and relief; administrative procedures.—

(1) An aggrieved person may commence a civil action no later than 2 years after an alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought under this section or s. 760.34 before bringing it to trial if the court believes that the conciliation efforts of the commission or local agency are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the commission or to the local agency and which practice forms the basis for the action in court. Any sale, encumbrance, or rental consummated before the issuance of any court order issued under the authority of ss. 760.20-760.37 and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under ss. 760.20-760.37 is not affected.

(2) An aggrieved person may commence a civil action under this section regardless of whether a complaint has been filed under s. 760.34(1) and regardless of the status of any such complaint. If the commission has obtained a conciliation agreement with the consent of an aggrieved person under s. 760.36, the aggrieved person may not file any action under this section regarding the alleged discriminatory housing practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation agreement.

(3) An aggrieved person may not commence a civil action under this section regarding an alleged discriminatory housing practice if an administrative law judge has commenced a hearing on the record on the allegation.

(4) If the court finds that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive and other equitable relief, actual and punitive damages, and reasonable attorney fees and costs.

(5)(a) If the commission is unable to obtain voluntary compliance with ss. 760.20-760.37 or has reasonable cause to believe that a discriminatory practice has occurred:

1. The commission may institute an administrative proceeding under chapter 120; or

2. The aggrieved person may request administrative relief under chapter 120 within 30 days after receiving notice that the commission has concluded its investigation under s. 760.34.

(b) Administrative hearings shall be conducted under ss. 120.569 and 120.57(1). The respondent must be served written notice by certified mail. If the administrative law judge finds that a discriminatory housing practice has occurred or is about to occur, he or she shall issue a recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice, including quantifiable damages and reasonable attorney fees and costs. The commission may adopt, reject, or modify a recommended order only as provided under s. 120.57(1). Judgment for the amount of damages and costs assessed pursuant to a final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment.

(c) The district courts of appeal may, upon the filing of appropriate notices of appeal, review final orders of the commission under s. 120.68. Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this subsection. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay an order of the commission.

(d) This subsection does not prevent any other legal or administrative action provided by law.

History.—s. 11, ch. 83-221; s. 8, ch. 89-321; s. 303, ch. 96-410; s. 1794, ch. 97-102; s. 5, ch. 2020-164.

F.S. 760.35 on Google Scholar

F.S. 760.35 on Casetext

Amendments to 760.35

Arrestable Offenses / Crimes under Fla. Stat. 760.35

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.35.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HOUSING OPPORTUNITIES PROJECT, v. SPV REALTY, LC,, 212 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . the Florida Civil Rights Act; instead, they commenced their civil action seeking relief under section 760.35 . . . Section 760.34(6) states: “Whenever an action filed in court pursuant to this section or s. 760.35 comes . . . And section 760.35(1) specifies that a court shall continue a civil case brought pursuant to this section . . . The FFHA also includes sections 760.34(6) and 760.35(1), which clearly contemplate that a housing discrimination . . . the respondent named in the complaint or petition for an administrative determination pursuant to s. 760.35 . . . the same language as the Florida Fair Housing Act. 886 So.2d at 310 (noting that sections 760.34 and 760.35 . . . S.B. 442 (2012) (proposing to amend section 760.35 to state that “[an] aggrieved person may commence . . .

FAIR HOUSING CENTER OF GREATER PALM BEACHES, INC. v. SONOMA BAY COMMUNITY HOMEOWNERS ASSOCIATION, INC., 164 F. Supp. 3d 1375 (S.D. Fla. 2016)

. . . . § 760.35(2). .The Court's order was directed to the substance of the Center’s motion for partial summary . . .

FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. v. SONOMA BAY COMMUNITY HOMEOWNERS ASSOCIATION, INC., 136 F. Supp. 3d 1364 (S.D. Fla. 2015)

. . . . § 760.35(2). . . . .

FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. v. SONOMA BAY COMMUNITY HOMEOWNERS ASSOCIATION, INC., 141 F. Supp. 3d 1321 (S.D. Fla. 2015)

. . . . § 760.35(2). . In Bonner v. . . .

VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 128 So. 3d 967 (Fla. Dist. Ct. App. 2013)

. . . The FCHR also relies on section 760.35(3)(c), Florida Statutes (2012), which took effect on October 1 . . . (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. See ch. 89-321, § 8, at 2068-69, Laws of Fla. . . . (3)(c) to the extent that section 760.35(3)(c) prohibits the assessment of costs and fees even when the . . . Because section 120.595(5) amends section 760.35(3)(c) pro tanto, and because the notice requirement . . .

BELLETETE, v. HALFORD,, 886 So. 2d 308 (Fla. Dist. Ct. App. 2004)

. . . the complaint alleged a violation of the Florida Civil Rights Act based on Florida Statutes sections 760.35 . . . Count II alleged rental discrimination under Florida Statutes sections 760.23 and 760.35. . . . 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 . . . Sections 760.34 and 760.35 contain much the same language and structure as their counterpart in the FCRA . . .

HOLMES, v. HOLMES,, 709 So. 2d 166 (Fla. Dist. Ct. App. 1998)

. . . to Laurie in the amount of $823.33 per month, with deductions of $62.98 per month, for a total of $760.35 . . .

MITCHELL, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a, 747 F. Supp. 1446 (M.D. Fla. 1990)

. . . 725.07(2) (discrimination in loaning money, granting credit, or providing equal pay for equal services); 760.35 . . .

RANGER INSURANCE COMPANY, v. BAL HARBOUR CLUB, INC., 549 So. 2d 1005 (Fla. 1989)

. . . . § 760.35, Fla.Stat. (1987). . . .