Florida Senate - 2016                             CS for SB 7008
       
       
        
       By the Committees on Appropriations; and Governmental Oversight
       and Accountability
       
       576-03011-16                                          20167008c1
    1                        A bill to be entitled                      
    2         An act relating to housing discrimination; amending s.
    3         760.07, F.S.; removing housing discrimination as a
    4         cause of action for certain relief and damages
    5         stemming from violations of the Florida Civil Rights
    6         Act of 1992; amending s. 760.34, F.S.; making
    7         technical changes; revising the conditions under which
    8         an aggrieved person may commence a civil action in any
    9         appropriate court against a specified respondent to
   10         enforce specified rights; providing that the aggrieved
   11         person does not need to take specified actions before
   12         bringing a civil action; amending s. 760.35, F.S.;
   13         authorizing, rather than requiring, a civil action to
   14         commence within 2 years after an alleged
   15         discriminatory housing practice; authorizing an
   16         aggrieved person to commence a civil action regardless
   17         of whether a specified complaint has been filed and
   18         regardless of the status of any such complaint;
   19         prohibiting an aggrieved person from filing a
   20         specified action in certain circumstances; providing
   21         an exception; prohibiting an aggrieved person from
   22         commencing a specified civil action if an
   23         administrative law judge has commenced a hearing on
   24         the record on the allegation; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 760.07, Florida Statutes, is amended to
   30  read:
   31         760.07 Remedies for unlawful discrimination.—Any violation
   32  of any Florida statute that makes making unlawful discrimination
   33  because of race, color, religion, gender, pregnancy, national
   34  origin, age, handicap, or marital status in the areas of
   35  education, employment, housing, or public accommodations gives
   36  rise to a cause of action for all relief and damages described
   37  in s. 760.11(5), unless greater damages are expressly provided
   38  for. If the statute prohibiting unlawful discrimination provides
   39  an administrative remedy, the action for equitable relief and
   40  damages provided for in this section may be initiated only after
   41  the plaintiff has exhausted his or her administrative remedy.
   42  The term “public accommodations” does not include lodge halls or
   43  other similar facilities of private organizations which are made
   44  available for public use occasionally or periodically. The right
   45  to trial by jury is preserved in any case in which the plaintiff
   46  is seeking actual or punitive damages.
   47         Section 2. Subsections (2) and (4) of section 760.34,
   48  Florida Statutes, are amended to read:
   49         760.34 Enforcement.—
   50         (2) Any person who files a complaint under subsection (1)
   51  must do so be filed within 1 year after the alleged
   52  discriminatory housing practice occurred. The complaint must be
   53  in writing and shall state the facts upon which the allegations
   54  of a discriminatory housing practice are based. A complaint may
   55  be reasonably and fairly amended at any time. A respondent may
   56  file an answer to the complaint against him or her and, with the
   57  leave of the commission, which shall be granted whenever it
   58  would be reasonable and fair to do so, may amend his or her
   59  answer at any time. Both the complaint and the answer shall be
   60  verified.
   61         (4) If, within 180 days after a complaint is filed with the
   62  commission or within 180 days after expiration of any period of
   63  reference under subsection (3), the commission has been unable
   64  to obtain voluntary compliance with ss. 760.20-760.37, The
   65  person aggrieved may commence a civil action in any appropriate
   66  court against the respondent named in the complaint or petition
   67  for an administrative determination pursuant to s. 760.35 to
   68  enforce the rights granted or protected by ss. 760.20-760.37.
   69  The person aggrieved is not required to petition for an
   70  administrative hearing or exhaust administrative remedies before
   71  bringing a civil action. If, as a result of its investigation
   72  under subsection (1), the commission finds there is reasonable
   73  cause to believe that a discriminatory housing practice has
   74  occurred, at the request of the person aggrieved, the Attorney
   75  General may bring an action in the name of the state on behalf
   76  of the aggrieved person to enforce the provisions of ss. 760.20
   77  760.37.
   78         Section 3. Section 760.35, Florida Statutes, is amended to
   79  read:
   80         760.35 Civil actions and relief; administrative
   81  procedures.—
   82         (1) An aggrieved person may commence a civil action shall
   83  be commenced no later than 2 years after an alleged
   84  discriminatory housing practice has occurred. However, the court
   85  shall continue a civil case brought pursuant to this section or
   86  s. 760.34 from time to time before bringing it to trial if the
   87  court believes that the conciliation efforts of the commission
   88  or local agency are likely to result in satisfactory settlement
   89  of the discriminatory housing practice complained of in the
   90  complaint made to the commission or to the local agency and
   91  which practice forms the basis for the action in court. Any
   92  sale, encumbrance, or rental consummated prior to the issuance
   93  of any court order issued under the authority of ss. 760.20
   94  760.37 and involving a bona fide purchaser, encumbrancer, or
   95  tenant without actual notice of the existence of the filing of a
   96  complaint or civil action under the provisions of ss. 760.20
   97  760.37 shall not be affected.
   98         (2)An aggrieved person may commence a civil action under
   99  this section regardless of whether a complaint has been filed
  100  under s. 760.34(1) and regardless of the status of any such
  101  complaint. If the commission has obtained a conciliation
  102  agreement with the consent of an aggrieved person under s.
  103  760.36, the aggrieved person may not file any action under this
  104  section regarding the alleged discriminatory housing practice
  105  that forms the basis for the complaint except for the purpose of
  106  enforcing the terms of such an agreement.
  107         (3)An aggrieved person may not commence a civil action
  108  under this section regarding an alleged discriminatory housing
  109  practice if an administrative law judge has commenced a hearing
  110  on the record on the allegation.
  111         (4)(2) If the court finds that a discriminatory housing
  112  practice has occurred, it shall issue an order prohibiting the
  113  practice and providing affirmative relief from the effects of
  114  the practice, including injunctive and other equitable relief,
  115  actual and punitive damages, and reasonable attorney attorney’s
  116  fees and costs.
  117         (5)(a)(3)(a) If the commission is unable to obtain
  118  voluntary compliance with ss. 760.20-760.37 or has reasonable
  119  cause to believe that a discriminatory practice has occurred:
  120         1. The commission may institute an administrative
  121  proceeding under chapter 120; or
  122         2. The person aggrieved may request administrative relief
  123  under chapter 120 within 30 days after receiving notice that the
  124  commission has concluded its investigation under s. 760.34.
  125         (b) Administrative hearings shall be conducted pursuant to
  126  ss. 120.569 and 120.57(1). The respondent must be served written
  127  notice by certified mail. If the administrative law judge finds
  128  that a discriminatory housing practice has occurred or is about
  129  to occur, he or she shall issue a recommended order to the
  130  commission prohibiting the practice and recommending affirmative
  131  relief from the effects of the practice, including quantifiable
  132  damages and reasonable attorney attorney’s fees and costs. The
  133  commission may adopt, reject, or modify a recommended order only
  134  as provided under s. 120.57(1). Judgment for the amount of
  135  damages and costs assessed pursuant to a final order by the
  136  commission may be entered in any court having jurisdiction
  137  thereof and may be enforced as any other judgment.
  138         (c) The district courts of appeal may, upon the filing of
  139  appropriate notices of appeal, review final orders of the
  140  commission pursuant to s. 120.68. Costs or fees may not be
  141  assessed against the commission in any appeal from a final order
  142  issued by the commission under this subsection. Unless
  143  specifically ordered by the court, the commencement of an appeal
  144  does not suspend or stay an order of the commission.
  145         (d) This subsection does not prevent any other legal or
  146  administrative action provided by law.
  147         Section 4. This act shall take effect upon becoming a law.