The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Covered multifamily dwelling means:

(1)

A building which consists of four or more units and has an elevator; or

(2)

The ground floor units of a building which consists of four or more units and does not have an elevator.

Discriminatory housing practice means an act that is unlawful under section 22-22, 22-23 or 22-24.

Dwelling means any building, structure, or portion thereof which is occupied as, or designated or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Familial status is established when an individual who has not attained the age of 18 years is domiciled with:

(1)

A parent or other person having legal custody of such individual; or

(2)

A designee of a parent or other person having legal custody, with the written permission of such parent or other person.

Family includes a single individual.

Handicap means:

(1)

A person has a physical or mental impairment which substantially limits one or more major life activities, or he has a record of having, or is regarded as having, such physical or mental impairment; or

(2)

A person has a developmental disability.

To rent includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Ord. No. O-85-3, § 2, 11-5-1984; Ord. No. O-90-32, § 1, 9-17-1990; Ord. No. O-93-6, § 2, 4-19-1993)

State Law reference— Similar provisions, F.S. § 760.22.

It is hereby declared to be the policy of the City in the exercise of its police power for the public safety, public health, and general welfare, to assure equal opportunity to obtain adequate housing by all persons, regardless of race, color, religion, ancestry, sex, place of birth, handicap, familial status or national origin and to that end, to eliminate discrimination in housing.

(Ord. No. O-85-3, § 1, 11-5-1984; Ord. No. O-86-6, § 1, 11-18-1985; Ord. No. O-85-3, § 2, 9-17-1990; Ord. No. O-93-6, § 1, 4-19-1993)

(a)

Nothing in sections 22-22 and 22-23 applies to:

(1)

Any single-family house sold or rented by its owner, provided such private individual owner does not own more than three single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in such house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection applies only with respect to one sale within any 24-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time. The sale or rental of any single-family house shall be excepted from the application of this article only if the house is sold or rented without:

a.

The use in any manner of the sales or rental facilities or the sales or rental services of any real estate licensee or such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such licensee or person; and

b.

The publication, posting, or mailing, after notice, of any advertisement or written notice in violation of section 22-22.

Nothing in this subsection prohibits the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title.

(2)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(b)

For the purposes of subsection (a) of this section, a person is deemed to be in the business of selling or renting dwellings if the person:

(1)

Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or interest therein;

(2)

Has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or interest therein; or

(3)

Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(c)

Nothing in this article prohibits a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nothing in this article prohibits a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(d)

Nothing in this article requires any person renting or selling a dwelling constructed for first occupancy before March 13, 1991, to modify, alter, or adjust the dwelling in order to provide physical accessibility except as otherwise required by law.

(e)

Any provision of this article regarding familial status does not apply with respect to housing for older persons. As used in this subsection, the term "housing for older persons" means housing:

(1)

Provided under any State or Federal program that the State determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program;

(2)

Intended for, and solely occupied by, persons 62 years of age or older; or

(3)

Intended and operated for occupancy by persons 55 years of age or older that meets the following requirements:

a.

At least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.

b.

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subsection. If the housing facility or community meets the requirements of subsections (e)(3)a and c of this section and the recorded governing documents provide for an adult, senior, or retirement housing facility or community and the governing documents lack an amendatory procedure, prohibit amendments, or restrict amendments until a specified future date, then that housing facility or community shall be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older. If those documents further provide a prohibition against residents 16 years of age or younger, that provision shall be construed, for purposes of the Fair Housing Act, to only apply to residents 18 years of age or younger, in order to conform with Federal law requirements. Governing documents which can be amended at a future date must be amended and properly recorded within one year after that date to reflect the requirements for consideration as housing for older persons, if that housing facility or community intends to continue as housing for older persons.

c.

The housing facility or community complies with rules made by the Secretary of the United States Department of Housing and Urban Development pursuant to 24 CFR 100 for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of subsection (e)(3)b of this section. Such surveys and affidavits are admissible in administrative and judicial proceedings for the purposes of such verification.

(f)

Housing shall not fail to be considered housing for older persons if:

(1)

A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or

(2)

One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.

(g)

A person shall not be personally liable for monetary damages for a violation of this subsection if such person reasonably relied in good faith on the application of the exemption under this subsection relating to housing for older persons. For purposes of this section, a person may show good faith reliance on the application of the exemption only by showing that:

(1)

The person has no actual knowledge that the facility or the community is ineligible, or will become ineligible, for such exemption; and

(2)

The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

(h)

A facility or community claiming an exemption under this subsection shall register with the State as required by law. Failure to comply with the requirements of this section shall not disqualify a facility or community that otherwise qualifies for the exemption provided in this subsection.

(i)

Nothing in this article:

(1)

Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, national origin, sex, handicap, familial status, or religion.

(2)

Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling.

(3)

Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(4)

Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined under F.S. ch. 893.

(Ord. No. O-85-3, § 3, 11-5-1984; Ord. No. O-93-6, § 3, 4-19-1993)

State Law reference— Similar provisions, F.S. § 760.29.

(a)

As made applicable by section 22-21 and except as exempted by section 22-21(a) and section 22-25, it shall be unlawful to:

(1)

Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, handicap, or national origin.

(2)

Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, handicap, or national origin.

(3)

Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, familial status, handicap or national origin, or an intention to make any such preference, limitation, or discrimination.

(4)

Represent to any person because of race, color, religion, sex, familial status, handicap, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(5)

Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, handicap, or national origin.

(b)

The protections afforded under this article against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(c)

It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

(1)

That buyer or renter;

(2)

A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

(3)

Any person associated with the buyer or renter.

(d)

It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:

(1)

That buyer or renter;

(2)

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3)

Any person associated with the buyer or renter.

(e)

For purposes of subsections (c) and (d) of this section, discrimination includes a refusal:

(1)

To permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or

(2)

To make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

(f)

Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by State rule. Such buildings shall also be designed and constructed in such a manner that:

(1)

The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons.

(2)

All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair.

(3)

All premises within such dwellings contain the following features of adaptive design:

a.

An accessible route into and through the dwelling.

b.

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

c.

Reinforcements in bathroom walls to allow later installation of grab bars.

d.

Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.

(4)

Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of subsection (c) of this section.

(Ord. No. O-85-3, § 4, 11-5-1984; Ord. No. O-90-12, § 4, 9-17-1990; Ord. No. O-93-6, § 4, 4-19-1993)

State Law reference— Similar provisions, F.S. § 760.23.

(a)

It is unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying for the loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other term or condition of such loan or other financial assistance, because of the race, color, national origin, sex, handicap, familial status, or religion of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or because of the race, color, national origin, sex, handicap, familial status, or religion of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.

(b)

It is unlawful for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, sex, handicap, familial status, or religion. As used in this subsection, the term "residential real estate transaction" means any of the following:

(1)

The making or purchasing of loans or providing other financial assistance:

a.

For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

b.

Secured by residential real estate.

(2)

The selling, brokering, or appraising of residential real property.

(Ord. No. O-85-3, § 5, 11-5-1984; Ord. No. O-90-12, § 5, 9-17-1990; Ord. No. O-93-6, § 5, 4-19-1993)

State Law reference— Similar provisions, F.S. § 760.25.

It shall be unlawful to deny any person access or to membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms of conditions of such access, membership, or participation, on account of race, color, religion, sex, familial status, handicap, or national origin.

(Ord. No. O-85-3, § 6, 11-5-1984; Ord. No. O-90-12, § 6, 9-17-1990; Ord. No. O-93-6, § 6, 4-19-1993)

State Law reference— Similar provisions, F.S. § 760.24.

(a)

The authority and responsibility for administering this article shall be with the City Commission.

(b)

The City Commission may delegate its functions, duties, and powers to an appointed agency, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article.

(c)

The City Commission or its appointed agency shall:

(1)

Implement the provisions of this article and rules and regulations promulgated hereunder and all City ordinances, codes, rules, and regulations pertaining to housing discrimination.

(2)

Receive, initiate, and investigate any and all complaints alleging violations of this article, and take appropriate action to eliminate, conciliate, prevent, and/or initiate prosecution of any such violations.

(3)

Provide assistance in all matters relating to equal housing opportunity.

(4)

Publish and disseminate public information and educational materials relating to housing discrimination.

(5)

Enter into written working agreements, as may be necessary to effectuate the purposes of this article, with Federal, State, and County agencies involved in reducing housing discrimination.

(6)

Administer oaths and compel the attendance of witnesses and the production of evidence before it by subpoenas issued by the City Commission or its appointed agency.

(7)

Take other informational, educational, or persuasive actions to implement the purposes of this article.

(Ord. No. O-85-3, § 7, 11-5-1984)

(a)

Any person aggrieved by an unlawful practice prohibited by this article must file a written complaint with the City Commission or its appointed agency within 45 days after the alleged unlawful practice occurs.

(b)

Upon receipt of a complaint, the City Commission or its appointed agency shall serve upon the individual charged with a violation (hereinafter referred to as the respondent), the complaint and a written resume setting forth the rights of the parties including, but not limited to, the right of the respondent to a hearing on the matter before adjudication by the City Commission or its appointed agency.

(c)

The City Commission or its appointed agency shall immediately investigate the complaint. Within 60 days from the date of the receipt of the complaint, the City Commission or its appointed agency shall establish written report with findings of fact.

(d)

Copies of the City Commission's or its appointed agency's report shall be sent to the complainant and the respondent. Either may, within ten days after such services, request a hearing before the City Commission or its appointed agency.

(e)

When the complainant or the respondent requests a hearing by the City Commission or its appointed agency, or when the City Commission or its appointed agency itself determines that a hearing is desirable, the City Commission or its appointed agency shall call and conduct such hearing in accordance with section 22-27.

(f)

The City Commission or its appointed agency shall carry into execution the actions specified in its report, or, if a hearing is held, shall carry into execution the actions determined upon by the City Commission or its appointed agency in the hearing.

(g)

The City Commission or its appointed agency in its review or its hearing may determine that:

(1)

The complaint lacks grounds upon which to base action for violation of this article;

(2)

The complaint has been adequately dealt with by conciliation of the parties; or

(3)

The case warrants filing charges against the offending party in the appropriate court.

In some cases both conciliation and adjudicative orders, or both adjudicative orders and initiation of court action may be indicated.

(h)

If the City Commission or its appointed agency issues an adjudicative order to correct, adjust, conciliate, prevent, or prohibit any unlawful act prohibited by this article, and the respondent refuses or fails to comply with or obey such adjudication, the City Commission or its appointed agency shall forthwith request that the State Attorney file a complaint in the appropriate court.

(i)

The City Commission or its appointed agency shall, at all times, provide the complainant with full and timely information as to all the alternatives available to him under local, State, and Federal law, including assistance to initiate judicial action if desired, under any circumstances.

(j)

The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed by this article.

(k)

All papers or pleadings required by this article to be served may be served by certified mail or in accordance with the provisions of Rule 1.080(b), Florida Rules of Civil Procedure.

(Ord. No. O-85-3, § 8, 11-5-1984)

(a)

When a hearing is required before the City Commission or its, appointed agency, as specified in section 22-26(e), the City Commission or its appointed agency shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than 15 days after service of such notice and of the City Commission's or its appointed agency's written report as set forth in section 22-26(d).

(b)

The parties, or their authorized counsel, may file such statements with the City Commission or its appointed agency, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the City Commission or its appointed agency in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The City Commission or its appointed agency shall not be bound by strict rules of evidence prevailing in courts of law or equity but due process shall be observed. The City Commission or its appointed agency shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings the City Commission or its appointed agency shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.

(c)

The City Commission or its appointed agency shall make a finding of fact, and a determination of action to be taken as set forth in section 22-26(g).

(d)

The City Commission or its appointed agency may issue subpoenas to compel access to or the production or appearance of premises, records, documents, individuals, or other evidence or possible sources of evidence relative to the complaint at issue.

(e)

Upon written application to the City Commission or its appointed agency, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the City Commission or, to the same extent and subject to the same limitations as subpoenas issued by the City Commission or its appointed agency itself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.

(f)

Witnesses summoned by subpoena of the City Commission or its appointed agency shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the State Courts of Florida. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him, unless he is indigent in which case the City shall bear the cost of said fees.

(g)

Within ten days after service of a subpoena upon any person, such person may petition the City Commission or its appointed agency to revoke or modify the subpoena. The City Commission or its appointed agency shall grant the petition if it finds that the subpoena requires appearance or attendance, at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(h)

In case of refusal to obey a subpoena, the City Commission or its appointed agency or the person at whose request it was issued may petition for its enforcement in the appropriate court.

(Ord. No. O-85-3, § 9, 11-5-1984)

Nothing herein shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing of any complaint with any other agency or any court having proper jurisdiction.

(Ord. No. O-85-3, § 10, 11-5-1984)

If a real estate broker, a real estate salesperson, or an employee thereof has been found to have committed an unlawful practice in violation of this article, or has failed to comply with an order issued by the City Commission or its appointed agency, the City Commission or its appointed agency shall, in addition to the other procedures set forth herein, report the facts to the Real Estate Commission of the State.

(Ord. No. O-85-3, § 11, 11-5-1984)