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Ord 17-15 ORDINANCE NO. 17-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 13, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING A NEW SECTION 137, "CIVIL, RIGHTS", PROVIDING FOR NON-DISCRIMINATION WITHIN THE CITY; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE;AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to codify the City's policy of non-discrimination;and WHEREAS, the City Commission of the City,of Delray Beach, Florida, seeks to further ensure a policy of non-discrimination in all activities promoted or sponsored by the City; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that codifying a non- discrimination policy is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Title 13, "General Offenses", of the Code of Ordinances of the City, of Delray Beach, is hereby amended by creating Section 137, "Civil.Rights",to read as follows: Sec. 137 CIVIL RIGHTS. Section 137.01 Purpose. The Delrgy Beach City Commission desires to secure for its citizens freedom from discrimination because of race color, national ori re on sex ender identi or ex ression genetic information, sexual orientation disability, marital status, pregnancy, familial status; or age, and thereby to protect their interest in 12etsonal di • to make available to the CI their full roductive capacities to secure the City against domestic strife and unrest; to preserve the public safety, health and eneral welfare; and topromote the interests rights and rivile es of individuals within the Ci1y. The City Commission also desires to adopt an ordinance which is consistent with federal, state, and local laws and which affords its citizens a clear channel of access to remedies in the case of alle ed discrimination to 2dt the Equal Employment Ovporjjjni Commission the Florida Commission on Human Relations and the Palm Beach CopM Office of Equal Opportuni . i Section 2. Adoption of Delray Beach Civil Rights Act. The Florida Civil. Rights Act of 1992, Chapter 760; Sections 760.01 thtough 760.11 and Section 509.092, Florida's Fait Housing Act. Chapter 760 Sections 760.20 through 760.37; the Palm Beach County Equal Enxployment Ordinance, Chapter 2, Article VI, Division 1, Sections 2-261 through 2-313• and the Palm Beach Coji= Ordinance £or E ual Oppottgwio Housing and Places o£Public Accommodation Cha ter 15 Article Hi Sections-15-36 throe h 15-64 ate collectivel adopted by reference as the Delray Beach Civil Rights Ordinance Act, subject to and including by reference such amendments, corrections and additions as shaU occur therein or as may appear in this Chapter. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remainT portions of the ordinance. Section 4. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 45. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the 7`s day of jply, 2015. Attest: MAYOR I u� City Clerlt First Reading:Tune 16, 2015 Second Reading Tule 7. 2015 2 Ord. No. 17-15 Coversheet Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF JULY 7,2015 ORDINANCE N0.17-15: CIVIL RIGHTS(SECOND READING) BACKGROUND At the first reading on June 16, 2015, the Commission passed Ordinance No. 17-15. LEGAL DEPARTMENT REVIEW A Public Hearing notice was published on Friday, June 26, 2015 in the Sun Sentinel. RECOMMENDATION Motion to Approve Ordinance No. 17-15 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=9327&MeetingID=571 7/10/2015 6/2312015 itwebapp/NavusAgendalPreview.aspx?item ID=9270&MeetinglD=570 • MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 5, 2015 SUBJECT: AGENDA ITEM 10.E.-MEETING OF JUNE 16.2015 ORDINANCE NO.17-15 (FIRST READING) BACKGROUND The Palm Beach County Human Rights Council ("Council") has created a draft model ordinance which provides for a municipal non-discrimination policy by adopting by reference the Florida Statutes creating the Florida Fair Housing Act, the Palm Beach County Equal Employment Ordinance, and the Palm Beach County Ordinance for Equal Opportunity to Housing Places of Public Accommodation. The Council has distributed this draft ordinance to Palm Beach County municipalities asking Cities to consider its adoption. Such ordinances have been previously enacted in the Cities of Boynton Beach, Greenacres, Lake Worth, and West Palm Beach. This ordinance creates a Delray Beach Civil Rights Act by adopting by reference the laws and ordinances referenced above. Attached to this agenda item are the relevant sections of the laws cited in the ordinance. MIA twebappfiovusAgendalPreview.aspx?IternID=9270&MeetingiD=570 111 ORDINANCE NO. 17-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 13, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING A NEW SECTION 137, "CIVIL RIGHTS", PROVIDING FOR NON-DISCRIMINATION WITHIN THE CITY; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE;AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to codify the City's policy of non-discrimination; and WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to further ensure a policy of non-discrimination in all activities promoted or sponsored by the City; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that codifying a non- discrimination policy is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Title 13, "General Offenses", of the Code of Ordinances of the City of Delray Beach, is hereby amended by creating Section 137, "Civil Rights", to read as follows: Sec. 137 CIVIL RIGHTS. Section 137.01 Purpose. The Delray Beach City Commission desires to secure for its citizens freedom from discrimination because of race, color, national origin, religion, sex render identity or expression, Venetic information, sexual orientation, disability, marital status, j2regnanc):, familial status, or age, and thereb,T�protect their interest in personal dignity; to make available to the City their full productive capacities, to secure the Cit�against domestic strife and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individuals within the City. The City Commission also desires to adopt an ordinance which is consistent with federal, state, and local laws and which affords its citizens a clear channel of access to remedies in the case of alleged discrimination, to wit, the Equal Employment Opportunity Commission, the Florida Commission on Human Relations and the Palm Beach County Office of Equal Opoortunit�:. Section 2. Adoption of Delray Beach Civil Rights Act. The Florida Civil Rights Act of 1992, Chapter 760, Sections 760.01 through 760.11 and Section 509.092, Florida's Fair Housing Act, Chapter 760, Sections 760.20 through 760.37, the Palm Beach County Edual Employment Ordinance, Chapter 2, Article VI, Division 1, Sections 2-261 through 2-313, and the Palm Beach County Ordinance for Edual Opportunity to Housing and Places of Public Accommodation, Chapter 15, Article III, Sections 15-36 through 15-64 are collectivel,T�pted by reference as the Delray Beach Civil Rights Ordinance Act, subject to and including by reference such amendments, corrections and additions as shall occur therein or as ma)� ppear in this Chapter. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 4. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 45. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2015. MAYOR ATTEST: City Clerk First Reading Second Reading 2 Ord. No. 17-15 Palm Beach County, FL Code of Ordinances Page l of I ARTICLE III. HOUSING, PLACES OF PUBLIC ACCOMMODATION FOOTNOTE(S): --- (3)--- Editor's note—Ord. No. 2014-019, adopted July 22, 2014, repealed Art. III and enacted anew article as set out herein.The former Art. III, §§ 15-36-15-64, pertained to similar subject matter and derived from Ord. No. 90-1, §§ 1-29, adopted Jan. 16, 1990; Ord. No. 95-42, §§ I—VII, IX—XXIII, adopted Oct. 17, 1995; Ord. No. 96-23, §§ I—VI, adopted Aug. 20, 1996; and Ord. No. 07-042, §§ 1-14, adopted Dec. 18, 2007. State Law reference— Home rule powers of chartered counties, Fla. Const.,Art.Vlll, § 1(g). about:blank 615/201.5 Palm Beach County, FL Code of Ordinances Page 1 of 20 Sec. 15-36. -Purpose. It is hereby declared to be the policy of the Board of County Commissioners, in the exercise of its police power for the public safety, public health, and general welfare,to assure,within constitutional limitations, equal opportunity to all persons to live in available housing facilities regardless of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression, and, to that end,to prohibit discrimination in housing by any person. It is also hereby declared to be the policy of the Board of County Commissioners, in the exercise of its police power for public safety, public health and general welfare,to assure,within constitutional limitations, equal opportunity to all persons, regardless of race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression,to participate in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and, to that end, to prohibit discrimination in places of public accommodation. (Ord. No. 2014-019, 7-22-14) Sec. 15-37. - Definitions. When used herein: (1) Person includes one (1) or more individuals, partnerships, associations, corporations, unincorporated organizations, legal representatives,trustees and trusts, trustees in bankruptcy, labor organizations, mutual companies,joint-stock companies, receivers, or fiduciaries. (2) The term unlawful discriminatory practice includes only those practices specified in sections 15-57 through 15-61 hereof. (3) The term Board, unless a different meaning clearly appears from the context, means the Fair Housing Board, created by section 15-39. (4) Each of the following establishments which serve the public is a place of public accommodation within the meaning of this article: a. Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence; b. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment or any gasoline station; c. Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and d. Any establishment: (i) 1. Which is physically located within the premises of any establishment otherwise covered by this subsection; or 2. Within the premises of which is physically located any such covered about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 20 establishment; and (ii) Which holds itself out as serving patrons of such covered establishment. Such term shall not include any institution, club or place of accommodation which is in its nature distinctly private and not in fact open to the public. (5) Dwelling or housing means any real property, building, mobile home or trailer, structure or portion thereof which is used or occupied as, or is intended, arranged or designed to be used or occupied as, the home, residence or sleeping place of one (1) 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. (6) 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. (7) The term family includes the grandparents, parents, children, brothers and sisters, whether by marriage, legal adoption or blood, and their spouses and children, of either the property owner or spouse of the property owner, and the term "family" also includes a single individual. (8) The term complainant shall mean the person filing the complaint pursuant to this article. (9) The term respondent shall mean the person or other entity accused in the complaint of an unlawful discriminatory practice and any other person or entity identified in the course of investigation not named as a respondent in the initial complaint who may be joined as an additional or substitute respondent upon written notice. (10) Disability means with respect to a person: a. A physical or mental impairment which substantially limits one (1) or more of such person's major life activities. b. A record of such an impairment; or c. Being regarded as having such an impairment. d. Disability does not include the current illegal use or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act(21 U.S.C. 802)). e. As used throughout this article, prohibitions against discrimination on the basis of disability includes disabilities of the patron, buyer or renter, or of a person residing in or intending to reside in that dwelling after it is sold, rented, or made available or of any person associated with the buyer, or renter or patron. (11) Familial status means one (1) or more individuals who have not attained the age of eighteen (18)years being domiciled with: a. A parent or another person having legal custody of such individual or individuals; or b. The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall 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 eighteen (18)years. (12) Sexual orientation means male or female homosexuality, heterosexuality or bisexuality, by preference or practice. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 3 of 20 (13) Conciliation means the attempted resolution of issues raised by the complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the Office of Equal Opportunity. (14) Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation. (15) Prevailing party has the same meaning as such term has in Section 722 of the Revised Statutes of the United States(42 U.S.C. 1988). (16) Multifamily dwelling means: a. Buildings consisting of four(4) or more units if such buildings have one (1) or more elevators; and b. Ground floor units in other buildings consisting of four(4) or more units. (17) Residential real estate related transaction means any of the following: a. The making or purchasing of loans or providing other financial assistance: (i) For purchasing, constructing, improving, repairing or maintaining a dwelling; or (ii) Secured by residential real estate. b. The selling, brokering or appraising of residential real properly. c. Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. (18) Housing for older persons means housing: a. Provided under any state or federal program that the OEO or the Board determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or b. Intended for, and solely occupied by, persons sixty-two (62)years of age or older; or c. Intended and operated for occupancy by at least one(1) person fifty-five (55)years of age or older per unit in eighty(80) percent of the units, provided that the occupancy of such housing can be verified in accordance with rules established by the U. S. Department of Housing and Urban Development and provided that the mousing facility publishes and adheres to policies and procedures that demonstrate the intent to provide housing for older persons. d. Housing shall not fail to be considered housing for older persons if: (i) A person who resides in such housing on or after September 13, 1988, does not meet the age requirements of this subsection provided that any new occupant meets such age requirements; or (ii) One(1) or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. e. In determining whether housing meets the requirements of housing for older persons, the County will utilize current federal regulations regarding criteria for housing for older about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 20 persons. (19) Gender identity or expression means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth. (20) OEO means the Palm Beach County Office of Equal Opportunity. (21) Director means the director of the OEO. (Ord. No. 2014-019, 7-22-14) Sec. 15-38. - Office of Equal Opportunity(OEO). The County Administrator exercising his/her power of appointment shall employ a Director ("Director") of the OEO and such other personnel in the OEO as may be provided for in the budget approved by the Board of County Commissioners and for which an appropriation has been made. The staffing complement shall be referred to as the OEO. It shall be the responsibility of the Director and/or the Director's designee to investigate complaints of discrimination prohibited by this article, attempt to conciliate and mediate complaints of discrimination, and to perform such other duties of an administrative nature as may be assigned by the County Administrator. (Ord. No. 2014-019, 7-22-14) Sec. 15-39. - Fair Housing Board (Board). The Board is hereby created and established. The Board is to be comprised of nine (9) citizens of the county appointed by the Board of County Commissioners to serve for terms of three (3)years. There shall be a limit of three consecutive three-year terms.Terms shall begin on October 1 st, and end on September 30th. All Board members must be residents of Palm Beach County at the time of appointment and while serving on the Board. Board appointments should reflect,to the greatest extent possible,the racial, gender and ethnic make-up of the community. Members of this Board shall be the same as members of the Equal Employment Board created by the Palm Beach County Equal Employment Ordinance as codified in Sections 2-261 through 2-313 of the Palm Beach County Code. Seven (7)of the appointments shall be made as district appointments and two (2) of the appointments shall be made at large by the Board of County Commissioners on the basis of community representation, integrity, experience and interest in the area of equal opportunities. In order thatthe terms of office of all members shall not expire at the same time, all current members of the Board shall serve the remainder of their respective terms, if they so elect.Any member who elects not to serve the remainder of their term shall be replaced by appointments made by the Board of County Commissioners to serve the unexpired portion of the term. Vacancies shall be filled in the same manner as the original appointments for the remainder of the vacant term. Each member shall serve without compensation. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill Board member responsibilities when sufficient funds have been budgeted and are available as set forth in PPM CW-0-038. No other expenses are reimbursable except documented long distance phone calls to the OEO.Approval authority for pre-authorized Board member travel is designated to the County Administrator and Deputy County Administrator and shall be in accordance with Countywide Policy and Procedures Memoranda (PPM) CW-F-009. Each district appointee serves at the pleasure of the appointing Commissioner and may be removed without cause by the appointing Commissioner at any time, and at large appointees may be removed without cause about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 20 by a majority vote of the Board of County Commissioners at any time. The maximum number of boards that an individual appointed by the Board of County Commissioners may serve on at one (1) time shall be three (3), however, membership on the Equal Employment Board and this Board shall only be considered membership on one (1) advisory board. Members shall comply with the applicable provisions of the Palm Beach County Code of Ethics, as codified in Section 2-441 through 2-448 of the Palm Beach County Code and the State Code of Ethics. Abstention from voting due to a conflict of interest on more than three (3) separate matters during a calendar year shall result in automatic removal. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend more than one-half(/z) of the meetings scheduled during a calendar year. Participation for less than three-fourths(3/a) of a meeting shall be the same as failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the Board and such removal shall.create a vacancy. Board members shall not be prohibited from qualifying as a candidate for elected office. County employees, other than Commissioners'Aides, may not be appointed to the Board. Former Board of County Commission members may not be appointed to the Board for at least two (2)years following their last day in office as a County Commissioner. Members of the Board shall appoint a chairperson and vice- chairperson, and the Board may promulgate rules and regulations for the conduct of its meetings and affairs. (Ord. No. 2014-019, 7-22-14) Sec. 15-40. - Board terms, rules and regulations. The following rules and regulations shall govern the operation of the Board: (1) The chairperson of the Board shall be elected by majority vote of the Board and shall serve for a term of one (1)year and have the following duties: a. Call Board meetings and set the agenda for the same. b. Preside at Board meetings. c. Sign subpoenas. d. Perform such other functions as the Board may assign by rule or order. (2) The vice-chairperson shall be elected by majority vote of the Board and shall serve for a term of one (1)'year. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence and such other duties as the chairperson may assign. (3) If a vacancy occurs in the office of chairperson,the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson,the Board will elect another member to fill the unexpired term of the vice- chairperson. (4) At least three (3) members of the Board or any other odd number shall constitute a hearing panel for the purpose of hearing discrimination complaints. A majority of members appointed shall constitute a quorum to hold a meeting for any other purpose. Board business shall betaken by a majority vote. (5) All meetings shall be governed by Robert's Rules of Order. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 20 (Ord. No. 2014-019, 7-22-14) Sec. 15-41. - Board meetings. The Board shall comply with the Sunshine Law. The Board shall meet on a regular basis and as necessary to conduct administrative hearings. Reasonable notice of the time and place of the meeting shall be given to all Board members and all parties scheduled to be heard, and shall be made public. All meetings of the Board shall be open to the public. The chairperson may call an unscheduled meeting upon not less than twenty-four(24) hours notice, and preferably at least seventy-two (72) hours reasonable notice to the public, and meetings may also be called by the Director upon the request of three (3) members of the Board.The County Administrator shall provide such staff as may reasonably be required in his/her discretion to assist the Board in the performance of its duties.The County Administrator shall provide a regular meeting place for the Board. (Ord. No. 2014-019, 7-22-14) Sec. 15-42. -Objectives of the Board. The objectives of the Board shall be: (1) To promote and encourage fair treatment and equal opportunity in housing and public accommodation for all persons regardless of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression;to promote and encourage mutual understanding and respect among such persons and to endeavor to eliminate discrimination in housing and public accommodation against and antagonism between such persons; (2) To cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; (3) To make such investigations and studies in the field of fair housing and public accommodation as in its judgment will aid in effectuating its general purposes; (4) To assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of discrimination in housing and places of public accommodation; (5) To aid in permitting the County to benefit from the fullest realization of its housing and public accommodation resources; (b) To recommend to the Board of County Commissioners the acceptance of certain grants and contracts from foundations and other sources for the purposes of carrying out the purposes of this article; and (7) To recommend to the Board of County Commissioners methods for elimination of discrimination and intergroup tensions. The objectives set forth above are not to be construed as duties, and the Board of County Commissioners shall have the discretion to determine when each objective is implemented. (Ord. No. 2014-019, 7-22-14) Sec. 15-43. - Powers and duties of the Board. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 7 of 20 The powers and duties of the Board shall be: (1) To refer or accept referral of complaints when appropriate and to cause, through the OEO, investigations of: a. Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. b. Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. (2) To receive, initiate, seek to conciliate, hold hearings upon and adjudicate complaints alleging violations of this article;to recommend methods and alternatives for eliminating injustices occasioned thereby to carry out and enforce the purpose of this article. (3) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any hearing convened pursuant to the powers and duties authorized by this article. (4) To subpoena witnesses and compel production of evidence requested by the OEO relating to an investigation being conducted pursuant to this article. (5) To meet and exercise its power in any place within the county. (6) To issue remedial orders prohibiting violations of this article and providing affirmative relief from the effects of the violation as specified in section 15-55. (Ord. No. 2014-019, 7-22-14) Sec. 15-44. - Powers and duties of the Director. The powers and duties of the Director and/or the Director's designee shall be: (1) To investigate: a. Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. b. Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression. (2) To have access during an investigation, at all reasonable times, to premises, and may examine records, documents, and other evidence or possible sources of evidence, and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation provided that the Director and/or the Director's designee complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. (3) To attempt to conciliate and mediate complaints of discrimination brought pursuant to this article. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 20 (4) To prepare conciliation agreements embodying any agreement reached by the parties relating to the complaint, and advise the Board of such agreement. (5) To dismiss complaints of discrimination upon a finding of no reasonable cause under this article. (6) To administer oaths. (7) To exercise all powers reasonable and necessary to fulfill the purposes of this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-45. - Filing of complaints. Any person who claims to have been injured by an unlawful discriminatory practice or who believes that he/she will be injured by an unlawful discriminatory practice that is about to occur may file a sworn written complaint with the OEO, which shall state the name and address of the complainant and the person or persons against whom the complaint is made. It shall also state the facts surrounding the alleged unlawful discriminatory practice and such other information as may be required by the OEO.The Director, with the Board's approval, may also file such a complaint. The complaint shall be filed not later than one (1)year after the date of the alleged unlawful discriminatory practice in order to be processed under this article.The complaint may be reasonably and fairly amended at any time. (Ord. No. 2014-019, 7-22-14) Sec. 15-46. - Notice of complaint. Upon the filing of the complaint,the Director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article.The Director or the Director's designee shall, not later than ten (10) days after such filing or the identification of an additional respondent, serve on the respondent a notice, by certified mail, identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint. The respondent may file a sworn written answer to the complaint within ten (10) days of receipt of the complaint. Failure to file an answer by the respondent shall not result in any presumption of admission to the allegations in the complaint.Any subsequent amendment to the complaint or answer thereto shall be served by U.S. mail. (Ord. No. 2014-019, 7-22-14) Sec. 15-47. - Processing complaints. The OEO shall commence its investigation under this article within thirty(30) days of the receipt of a sworn written complaint.Within one hundred (100) days of the filing of the complaint as set forth in section 15-45, the staff of the OEO shall make such investigation as the Director deems appropriate to ascertain facts and issues. If the OEO is unable to complete the investigation within one hundred (100) days after the filing of the complaint, they shall notify the complainant and the respondent in writing of the reasons for not doing so. In conducting an investigation to ascertain whether or not there has been a violation of this article, the Director and/or the Director's designee shall have access at all reasonable times to premises, and may examine records, documents, and other evidence, or possible sources of about:blank 6/5/2015 Palm Beach County, PL Code of Ordinances Page 9 of 20 evidence, and may record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation provided that the OEO complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. The Director,the Director's designee or the Board may issue subpoenas to compel access to, or the production of, such materials, or the appearance of such persons, and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. In the case of a refusal to obey a subpoena issued to any person, or refusal to comply with any method of discovery authorized in the Florida Rules of Civil Procedure,the Board and/or the Director shall request the County Attorney to make application to the appropriate court to order the witness to comply with a request for discovery, or to appear before the Board and to produce evidence, if so requested, or to give testimony concerning the matter in question. Failure to obey the order may be punishable by the court as contempt.The Director and/or the Board may administer oaths.The OEO shall endeavor to achieve final administrative disposition of the complaint within one(1)year of its filing, unless it is impracticable to do so. If final administrative disposition is impractical to achieve within one (1)year of the filing of the complaint,the parties shall be provided notice which shall state the reasons why it is impractical to achieve final disposition within one (1)year. (Ord. No. 2014-019, 7-22-14) Sec. 15-48. -Withdrawal of complaint. A complaint filed pursuant to this article may be withdrawn at any time by the complaining parry upon notifying the OEO; however, the Director may continue action against the respondent if the facts establish reasonable cause to support a finding of discrimination and the Board approves such further action. (Ord. No. 2014-019, 7-22-14) Sec. 15-49. - Preservation of records. Following service of the complaint in the manner provided herein, the respondent shall preserve all personnel records, property records, or any other written or documentary material relating to the complaint until the complaint has been resolved. (Ord. No. 2014-019, 7-22-14) Sec. 15-50. - Dismissal of complaint. Any complaint filed pursuant to this article shall be dismissed by the Director or the Board upon the following grounds: (1) The complainant has failed or refused to cooperate or the complainant cannot be located after reasonable efforts to do so have been made and after at least ten (10) days' notice to the complainant by certified mail to the complainant's last known address and the complainant has failed to duly respond; (2) The complaint has not been timely filed with the OEO; (3) The Director determines that no reasonable cause exists to believe that a discriminatory about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 10 of 20 practice has occurred or is about to occur. (Ord. No. 2014-019, 7-22-14) Sec. 15-51. - Investigation procedure. After the complaint has been filed,the OEO shall conduct an investigation. The OEO may utilize the services and information gathered from other public agencies charged with the administration of equal opportunity laws. The following procedures shall be followed: (1) Complaint verification. As part of the investigation process, the complaining party maybe required to provide an additional sworn written statement,which shall include: a. A statement of each particular harm or potential harm which the aggrieved person has suffered or will suffer and the date on which each harm occurred or will occur; b. For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful; c. For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory. (2) Requests for information. In investigating the complaint,the OEO may obtain information by: a. Oral interview; and/or b. Requests for written statement or affidavit; and/or c. Any discovery methods set forth in the Florida Rules of Civil Procedure. (3) Complainant's duty to cooperate. The complainant shall appear or be available for interviews and provide necessary information requested by the OEO pursuant to this section. Failure to do so may result in dismissal of the complaint. (4) Access to files during investigation. Information obtained during the investigation of the complaint shall be disclosed only to the complainant,the respondent, or their authorized representative, or to witnesses, only when disclosure is deemed necessary by the Director for the investigation or for securing appropriate disposition of the complaint.The Director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and in accordance with the provisions of the Florida Public Records Law(F.S. § 119.01 et seq.). (Ord. No. 2014-019, 7-22-14) Sec. 15-52. - Determination of reasonable cause; notice. (a) Upon completion of an investigation, if the issue(s)alleged in the complaint has not been settled or withdrawn, the Director shall make a determination based on the facts whether reasonable cause exists to believe that an unlawful discriminatory practice has occurred or is about to occur. (b) If a notice of determination of reasonable cause is issued,the notice shall include an invitation to participate in conciliation. (c) After service of a notice of determination, records and documents in the custody of the OEO that pertain to the determination shall be open for public inspection in accordance with the provisions about:blank 6/5/2015 Palm Beach County,FL Code of Ordinances Page 11 of 20 of the Florida Public Records Law(F.S. § 119.01, et seq.). (Ord. No. 2014-019, 7-22-14) Sec. 15-53. - Finding of reasonable cause; conciliation procedure. (a) During the period beginning with the filing of the complaint and ending with the final disposition, the OEO shall,to the extent feasible, engage in conciliation with respect to such complaint. Where such conciliation attempts are successful,the agreement shall be between the complainant, aggrieved person(s) and the respondent subject to approval by the Director.The terms of the agreement shall be reduced to writing and signed by the complainant, aggrieved person(s),the respondent and the Director. The original of the signed agreement shall be filed with the OEO, and copies shall be sent to the respondent, complainant, aggrieved person(s) and the Board. (b) When an agreement has not been signed, and the complaint has not been withdrawn or dismissed, the Director shall send a notice of failure of conciliation to the complainant and the respondent'not less than thirty(30) days after issuance of a notice of determination of reasonable cause. (c) Nothing said or done in the course of the conciliation process may be made public or used as evidence in subsequent proceedings under sections 15-54 through 15-56 without the written consent of the parties.Any employee of the OEO who makes public any such information in vioiation of this provision shall be prosecuted in the same manner as a misdemeanor of the second degree, punishable as provided in F.S. Ch. 775. Final executed and approved conciliation agreements will be made public. (Ord. No. 2014-019, 7-22-14) Sec. 15-54. - Enforcement. (a) In any proceeding brought pursuant to this article, the burden of proof is on the complainant. (b) A complainant may commence a civil action under this article whether or not the complaint has been filed and without regard to the status of any such complaint. However, if the OEO has obtained an agreement with the consent of a complainant, no action may be filed under this article by such complainant with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. (c) Whenever an action filed in either federal or state court pursuant to this article, or any federal or state laws protecting the same rights stated herein comes to trial, the OEC) and the Board shall immediately terminate all efforts to obtain voluntary compliance. (d) If the Board of County Commissioners concludes at anytime following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article,the Board of County Commissioners shall direct the County Attorney to institute a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this article.The commencement of a civil action under this subsection shall not affect the initiation or continuation of proceedings under this article. The Board of County Commissioners need not have petitioned for administrative hearing or exhausted the administrative remedies prior to requesting the commencement of a civil action. (e) The court may award actual and punitive damages and may impose the following civil penalties about:b)ank 6/5/2015 Palin Beach County, FL Code of Ordinances Page 12 of 20 for each violation of this article: (1) Up to ten thousand dollars ($10,000.00), if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (2) Up to twenty-five thousand dollars($25,000.00), if the respondent has been adjudged by order of the Board or a court to have committed one (1) prior discriminatory housing practice within the preceding five-year period ending on the date of the filing of this complaint. (3) Up to fifty thousand dollars($50,000.00), if the respondent has been adjudged by order of the Board or a court to have committed two(2) or more discriminatory housing practices within the preceding seven-year period ending on the date of the filing of this complaint; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (2)and (3) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (f) In imposing a fine under subsection (e), the court shall consider the nature and circumstances of the violation, the degree of culpability, the history of prior violations of this article, the financial circumstances of the respondent, and the goal of deterring future violations of this article. (g) In addition to the above-stated fines, the court shall award reasonable attorney's fees and costs to the County in any action in which the County prevails under this article. (h) The court may also grant injunctive and/or other appropriate equitable relief. (Ord. No. 2014-019, 7-22-14) Sec. 15-55. -Administrative remedies and other relief. (a) A complainant, a respondent, or an aggrieved person on whose behalf a fair housing complaint was filed under this article may elect to have the claims asserted in that complaint decided in a civil action as provided by Section 15-56 of this article, in lieu of a hearing provided by this section. (b) The election under this section must be made not later than the 20th day after the date of issuance by the electing person of the notice of failure of conciliation, or in the case of the Director, not later than the 20th day after such service. The electing person shall give notice to the Director and to all other complainants and respondents to whom the complaint relates. (c) The fair housing complainant may request an administrative proceeding before the Board within thirty(30) days after receiving the notice of failure of conciliation. Additionally, if the Director is unable to obtain voluntary compliance with this article or has reasonable cause to believe that a discriminatory housing practice has occurred,the Director may institute an administrative proceeding before the Board on any Director-initiated complaint. (d) In conducting an administrative hearing to ascertain whether or not there has been a violation of this article, the Board shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents, and receive evidence.The Board shall conduct the administrative hearing in accordance with the procedure provided in F.S. .§ 120.57, as amended. (e) All recommended orders prepared by the Board as a result of such hearing or hearings shall conform to the requirements for such orders as set out in F.S. § 120.57, as amended. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 13 of 20 The Board shall submit a copy of the order on each party to the administrative proceedings.The recommended order shall be considered as the final order of the Board as provided by F.S. § 120.57, as amended. (g) Any party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing notice of appeal pursuant to Florida Appellate Rule 9.110(a)(2) within thirty(30) days of the issuance of such order by the Board. Any party shall have the right to bring an action in the appropriate court to ensure compliance with this order. (h) In case of refusal to obey a subpoena issued by the Board, the County or the person at whose request it was issued may, in addition to any other remedies made available, petition for its enforcement in the appropriate court. (i) Should any party fail or refuse to comply with the final order issued or breach a conciliation agreement as provided herein, then following the expiration of the appeal time provided herein, the Board shall forward such order or conciliation agreement to the Board of County Commissioners with a request that the Board of County Commissioners authorize the County Attorney to bring such action or actions as necessary to obtain compliance with this article. (j) When any act is required or allowed to be done at or within a specified time by this section,for cause shown,the Board, at any time in its discretion, and upon the written request of a party, may order the period enlarged unless otherwise prohibited by law. (k) All written motions upon which a ruling is requested shall be filed at least ten (10) days prior to the hearing date established by the Board. Such motions shall be considered and ruled upon by the Board prior to the start of the hearing. (1) All motions and orders thereon shall be made a part of the record of such administrative proceedings. (m) No appeal maybe made from rulings on such motions until a final order has been issued. (n) If there are separately filed cases before the Board which involve similar issues of law and fact and identity of parties,then such cases may be consolidated by the Director for hearing before the Board. (o) Discovery shall be permitted and shall proceed in the manner provided by the Florida Rules of Civil Procedure. (p) The Board may order a prehearing conference prior to any administrative hearing. Prior to such conference the Board may direct that the parties submit a preconference statement addressing the issues of law and fact that will be involved in such hearing, identifying the witnesses that will testify, providing a list of all documents or other exhibits that will be submitted, and providing such other information as requested by the Board. (q) The Director shall set the time and place of any administrative hearing. The Director shall send notice by certified mail of such hearing to the parties no later than fourteen (14) calendar days prior to the final hearing. Such notice requirement may be waived with the written consent of all parties.The notice shall also contain: (1) A statement of the nature of the hearing, (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the statutes, ordinances and rules involved. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 14 of 20 Requests for subpoenas in any administrative proceeding shall be filed with the OEO and forwarded to the Board. Such request shall set forth the name and address of the person whose attendance is requested and shall describe with particularity any material to be produced. Such subpoenas shall be issued by the Board or the Director.The requesting party shall be responsible for service of any subpoena. (s) Any subpoena shall be subject to a motion to quash or a motion for protective order before the appropriate court. (t) The official transcript of a hearing shall be preserved by electronic recording or by a court reporter. (u) Should a party elect to provide a court reporter for a hearing, that party shall be responsible for entire payment of the reporter's fee. (v) If the Board !"Inds that a discriminatory housing practice has occurred or is about to occur, it shall issue an order prohibiting the practice and awarding affirmative relief from the effects of the practice, including actual damages and reasonable attorney's fees and costs, and other injunctive or equitable relief. To vindicate the public interest,the Board, may assess civil penalties against the respondent, consistent with the provisions of section 15-54 of this article. Funds recovered under this section shall be paid to the Board of County Commissioners'general fund. (w) If a timely election is made under this section,the County Attorney shall, not later than the 30th day after the election is made,file and maintain such action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by state and/or federal law. However, if a timely civil action election is not made under subsection (b), the fair housing complainant may request an administrative proceeding. (x) An aggrieved person may intervene in the civil action filed under this section. (Ord. No. 2014-019, 7-22-14) Sec. 15-56. - Enforcement by private persons. (a) A civil action shall be commenced no later than two (2)years after the occurrence or the termination of an alleged discriminatory practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory practice or breach. However,the court shall continue a civil case brought pursuant to this article from time to time before bringing it to trial if the court believes that the conciliation efforts of the OEO are likely to result in satisfactory settlement of the discriminatory practice complained of in the complaint made to the OEO and which practice forms the basis for the action in court. (b) The computation of such two-year period shall not include anytime during which an administrative proceeding was pending with respect to the complaint under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (c) Any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encumbrance, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 15 of 20 (d) If the court finds that a discriminatory 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's fees and costs. (Ord. No. 2014-019, 7-22-14) Sec. 15-57. - Unlawful discriminatory practice in public accommodations. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression of any person directly or indirectly to refuse,withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof that are afforded the other customers, directly or indirectly,to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement,to the effect that any of the accommodations, advantages,facilities and privileges of any such place shall be refused,withheld from or denied to any person on account of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression, or that the patronage of any person belonging to any particular race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression is unwelcome, objectionable or not acceptable, desired or solicited. (Ord. No. 2014-019, 7-22-14) Sec. 15-58. - Discriminatory housing practices. Except as provided in section 15-62 hereof, it shall be an unlawful discriminatory housing practice: (1) To 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, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, sex, color, religion, national origin, familial status, sexual orientation, age, marital status, or gender identity or expression. (3) To 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 dwelling that indicates any preference, limitation or discrimination based on race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression, or an intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, religion, sex, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 16 of 20 representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (6) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: a. That buyer or renter; b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or c. Any person associated with that buyer or renter. (7) 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 disability of: a. That person; or b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or c. Any person associated with that person. (S) To refuse to permit, at the expense of a person with a disability, 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, except that, in the case of a rental,the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.The landlord may not increase for persons with disabilities any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate, as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. (9) To refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. (10) To fail to design and construct multifamily dwellings for first occupancy after March 13, 1991, in such a mannerthat: a. The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability; b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with disabilities who utilize wheelchairs; c. All premises within such dwellings contain the following features of adaptive design: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 17 of 20 bathroom walls to allow later installation of grab bars; and usable kitchen and bathrooms such that an individual who utilizes a wheelchair can maneuver about the space; and d. Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for persons with physical disabilities (commonly cited as "ANSI A 117.1") suffices to satisfy the requirements of this article. (11) To retaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article. (12) To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provision of this article; or any order issued there under. (13) To resist, prevent, impede or interfere with the Board or any of its members or representatives in the lawful performance of its or their duty under this article. (14) To initiate maliciously, frivolously or in bad faith any complaint under the provisions of this article for the purposes of harassment. (15) To intimidate, threaten, coerce or interfere with the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-59. - Discrimination in the financing of housing. It shall be an unlawful discriminatory housing practice of any bank, building and loan association, insurance company or other corporation, association,firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans,to deny a loan or other financial assistance to any person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him/her in the fixing of the amount, interest rate, duration, or other terms or conditions as such loan or other financial assistance, because of the race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression of such person or any person associated with him/her in connection with such loan or other financial assistance, or the purposes of such loan or other financial assistance 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; provided that nothing contained in this section shall impair the scope of effectiveness of the exceptions set forth in section 15-62. (Ord. No. 2014-019, 7-22-14) Sec. 15-60. - Discrimination in the provision of brokerage services. It shall be an unlawful discriminatory housing practice to deny any person who is otherwise professionally qualified by state law and subject to the rules and regulations of the Florida Real Estate Commission, provided the local board of realtors does not discriminate in its membership policies on about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 18 of 20 the basis of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression, access to or 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 any person in the terms or conditions of such access, membership or participation, on account of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (Ord. No. 2014-019, 7-22-14) Sec. 15-61. - Discrimination in residential real estate related transactions. It shall be an unlawful discriminatory housing practice for any person or other entity whose business includes engaging in residential real estate related 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, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression. (Ord. No. 2014-019, 7-22-14) Sec. 15-62. - Limitations and exceptions—Housing practices. (a) The prohibitions set forth in sections 15-57 through 15-80 shall not apply to 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 dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, sex, color, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression. (b) The prohibitions set forth in sections 15-58 through 15-60 shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four(4) families living independently of each other if the owner actually maintains and occupies one (1) of such living quarters, provided such rooms or units are sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or person in the business of selling or renting dwellings and/or without the publication, posting or mailing of any advertisement or written document in contravention of section 15-58: but this shall not prohibit the use of any attorney, escrow agents, abstractors,title companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling. (c) The prohibitions set forth in sections 15-58 through 15-60 shall not apply to any single-family dwelling unit sold or rented by an owner who does not own more than three (3) such single-family dwelling units at any one (1)time if such unit is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or person in the business of selling or renting dwellings and/or without the publication, posting or mailing of any advertisement or written document in contravention of section 15-58; but this shall not prohibit the use of any attorney, escrow agents, abstractors, title about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 19 of 20 companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling. (d) For the purposes of subsections (a)and (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings and said exceptions shall not apply if: (1) That person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or (2) That person has, within the preceding twelve (12) months, participated as agent, other than in the sale of his/her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) That person is the owner of any dwelling designed for or intended for occupancy by, or occupied by, five (5) or more families. (e) The prohibitions set forth in sections 15-57 through 15-60 shall not apply to a person or owner who wishes to rent a portion of a single dwelling unit to a person or persons of the same sex when such persons live in the single dwelling unit. (f) Housing for older persons shall be exempted from the provisions regarding familial status. Housing for older persons may also maintain only those age restrictions necessary in order to be designated as housing for older persons. (g) 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, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression. (2) Limits the applicability of any reasonable local government restrictions 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 by F.S. Ch. 893. (h) An individual who engages in conduct with a reasonable good faith reliance on the existence of the exemption of this article relating to housing for older persons is not personally liable for money damages for a violation of this article. For the purposes of this paragraph (h), a person engaged in the business or residential real estate transactions is presumed to have such a good faith reliance if that person has no actual knowledge that the housing facility is not or will not be eligible for the housing for older persons exemption and the housing facility gives such a person a written certification stating the compliance of the facility with the requirements for the housing for older persons. (Ord. No. 2014-019, 7-22-14) Sec. 15-63. Limitations and exceptions—Public accommodations. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 20 of 20 The prohibitions set forth in section 15-57 shall not be applied to: (1) Limit of the use of a restroom to persons of one (1) sex; (2) A religious organization, association or society or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society from limiting facilities and accommodations, which it owns or operates, for other than a commercial purpose,to persons of the same religion or from giving preference to such persons. (Ord. No. 2014-019, 7-22-14) Sec. 15-64. - Limitations and exceptions—Physical disability. 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 and as provided in this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-65. -Applicability. It is hereby provided thatthis Ordinance shall constitute a uniform law applicable in all the unincorporated and incorporated areas of Palm Beach County, Florida, to the extent permitted under the Florida Constitution,Article Vlll, Section (Ord. No. 2014-019, 7-22-14) Sec. 15-66. - Repeal of laws in conflict. All local laws and ordinances applying to the unincorporated area of Palm Beach County in conflict with any provision of this article are hereby repealed to the extent of any conflict. (Ord. No. 2014-019, 7-22-14) Sec. 15-67. - Savings clause. All complaints, investigations, orders, hearing processes, and all other functions of the OEO and Board, initiated or completed pursuant to Ordinance 90-1, as amended by 07-042, shall remain in full force and effect. (Ord. No. 2014-019, 7-22-14) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 1 of 10 Sec. 2-261. Short title. This article shall be known and may be cited as the "Palm Beach County Equal Employment Ordinance." (Ord. No. 95-31, 8-15-95) Sec. 2-262. - Purpose. It shall be the policy of the Board of County Commissioners, in the exercise of its police power for the public safety, public health, and general welfare to assure, within constitutional limitations, that all persons regardless of race, color, sex, national origin, religion, age, disability, familial status, marital status, sexual orientation or gender identity or expression as defined by Title VII of the Civil Rights Act of 1991, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, as amended, the Rehabilitation Act,the Americans with Disabilities Act of 1990,the Florida Civil Rights Act or otherwise provided herein, be afforded equal opportunity to all terms and conditions of employment.The county shall take all necessary and reasonable action to prevent discrimination in employment. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 05-046, § 1, 9-27-05; Ord. No. 07-041, § 1, 12-18-07) Sec. 2-263. - Definitions. In this article unless the context otherwise requires: Age provisions contained herein apply to any person at least forty(40)years of age. Aggrieved person includes any person that: (1) claims to have been injured by a discriminatory practice; or(2) believes that he or she will be injured by a discriminatory practice that is about to occur. Auxiliary aids and services includes, but is not limited to: (1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) acquisition or modification of equipment or devices; and (4) other similar services and actions. Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. "Because of sex" or"on the basis of sex" also includes, but is not limited to sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or(c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 10 Board unless a different meaning clearly appears from the context, means the Palm Beach County Equal Employment Board, created by this article. Chairperson or chair means the chairperson of the Equal Employment Board, or the chairperson of a panel or committee, as the context may indicate. Complainant shall mean the person filing a complaint pursuant to this article. Complaint means a written statement which alleges the occurrence of a discriminatory practice, and includes an amended complaint. Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint,through informal negotiations involving the complainant, the respondent and the Office of Equal Opportunity. Conciliation agreement means an agreement entered into between the complainant and respondent resolving the alleged discriminatory practice and which may require respondent to refrain from committing a discriminatory practice or to take affirmative action. The agreement may include consent to the entry of a court decree embodying its terms and shall be subject to approval by the Equal Employment Board. Director means the director of the Palm Beach County Office of Equal Opportunity. Disability with respect to an individual, means: (1)a physical or mental impairment which substantially limits one (1) or more major life activities; (2)a record of such an impairment; or(3) being regarded as having such an impairment. Disability does not include current or illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances 30 Act(21 USC $02)). Discrimination classification means a classification on the basis of race, color, religion, national origin, sex, age, disability, familial status, marital status, sexual orientation or gender identity or expression. Discrimination practice means a practice designated as discriminatory under the terms of this article. Document includes, but is not limited to,writings, drawings, graphs, charts, photographs, phono- records and other data or compilations from which information can be obtained. Employee means any individual employed by, or seeking employment from an employer. Employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of four(4) or more calendar weeks in the current or preceding calendar year, and any agent of such person; including, but not limited to, all state and local governments,governmental agencies, and political subdivisions unless opted out.The term does not include the United States, an Indian Tribe, a bona fide private membership club which is exempt from about:blank 51512015 Palm Beach County, FL Code of Ordinances Page 3 of 10 taxation under Section 14 501(c)of Title 26. Employment agency means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such person. Familial status means an individual who has legal custody of one or more child who has not attained the age of eighteen (18). The protection afforded against discrimination on the basis of familial status shall apply to any individual who is expecting the birth of a child or is in the process of securing legal custody of a child under the age of eighteen (18). Gender identity or expression means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth. Has a record of havingsuch impairment means had a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities. Is regarded as having an impairment means: (1) Has a physical or mental impairment that does not substantially limit one (1)or more major life activities, but that is treated by another person as constituting such a limitation; (2) Has a physical or mental impairment that substantially limits one(1) or more major life activities only as a result of the attitudes of others toward such impairment; or(3) Has none of the impairments defined as physical/mental impairment, but is treated by another person as having such an impairment. Labor organization means any organization engaged in an industry affecting commerce, and any agent of such an organization of any kind, any agency, or employee representation committee, group, association, or pian so engaged in which employees participate and which exists for the purpose, whole or in part, of collective bargaining or of dealing with employers, or other mutual aid or protection in connection with employment. Labor organization includes: (1)An organization of any kind representing employees in dealing with employers concerning grievances, labor disputes,wages, rates of pay, hours, or other terms and conditions of employment; (2)A conference, general committee, system board, or council which is subordinate to a national or international labor organization.A labor organization shall be deemed to be engaged in an industry affecting commerce if it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or the number of its members is fifteen (15), and such labor organization is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; Marital status means the status of being married, single, divorced or widowed. Notional origin includes the national origin of an ancestor. Office of equal opportunity or OEO means Palm Beach County office of equal opportunity. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 10 Party means any person designated as a party to a proceeding before the equal employment board, pursuant to this article. Person includes one(1) or more individuals, associations, corporations,trustees,joint apprenticeship committees,joint stock companies, partnerships, labor unions, legal representatives, mutual companies, receivers, trusts, trustees in bankruptcy, unincorporated organizations,fiduciaries or any other legal or commercial entity,the state, or any governmental entity or agency in Palm Beach County. Physical or mental Impairment means any: (1) Physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1)or more of the following body systems: Neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; heroic and lymphatic; skin and endocrine; or(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term includes, but is not limited to such diseases and conditions as orthopedic,visual, cerebral palsy, multiple sclerosis, cancer, heart diseases, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by the current, illegal use of a controlled substance)and alcoholism. Qualified individual with a disability, means an individual with a disability who,with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this article, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job,this description shall be considered evidence of the essential functions of the job. Reasonable accommodation may include: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (2)job restructuring, part-time or modified, work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations,training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Religion means all aspects of religious observance and practice, as well as beliefs, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Respondent shall mean the person or other entity accused in a complaint of a discriminatory practice and any other person or entity identified in the course of the investigation not named as a respondent in the initial complaint who may be joined as an additional or substitute respondent upon written notice. Sexual orientation means male or female homosexuality, heterosexuality and bisexuality, by preference or practice. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 10 Substantially limited means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Training programs means any plan containing terms and conditions for qualification, recruitment, selection, employment, or training of employees to: (1) Enter a specific trade or occupation after completion of a specified training program; or(2) Offer a person already either partially or wholly trained in a specific trade or occupation an opportunity to advance after completion of a specified training program.A training program may be ''joint" i.e., managed and supervised by representatives of labor and management or unilateral. Undue hardship means an action requiring significant difficulty or expense,when considered in light of the following factors: (1)The nature and cost of the accommodation needed; (2)The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (3)The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number,type, and location of its facilities; and (4)The type of operations of the covered entity, including the composition, structure, and functions of the workforce of such entity, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. Unlawful discriminatory practice includes only those practices specified in Division 4, section 2-312 herein. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, H 1, 2, 9-10-02; Ord. No. 07-041, H 2, 7, 12-18-07) DIVISION 2. OFFICE OF EQUAL OPPORTUNITY Sec. 2-271. - In general. The county administrator exercising his/her power of appointment shall employ a director and such other personnel in the office of equal opportunity(OEO)as may be provided for in the budget approved by the board of county commissioners and for which an appropriation has been made.The director and staffing complement shall be referred to as the office of equal opportunity. It small be the responsibility of the director and/or the director's designee to investigate complaints of discrimination prohibited by this article, and the laws of the United States of America and the State of Florida, and attempt to conciliate and mediate complaints of discrimination,to perform such other duties which will promote and provide for equal opportunity and for enforcement of this article and the laws of the United States of America and the State of Florida; and to perform such other duties of an administrative nature as may be assigned by the county administrator. (Ord. No. 95-31, 8-15-95) Sec. 2-272. - Duties and powers of the office of equal opportunity. The duties, functions, powers and responsibilities of the office shall include the following: about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 10 (1) The enforcement of the provisions of this article and rules and regulations promulgated hereunder. (2) Publish and disseminate public information and materials relating to equal employment opportunities issues. (3) Perform, such other administrative duties as may be assigned by the county administrator, (4) To become a referral agency for the state and federal government and comply with the necessary state and federal regulations. (5) To report to the board of county commissioners on a quarterly basis the number and types of cases processed or in process. (Ord. No. 95-31, 8-15-95) Sec. 2-273. - Duties and powers of the director. The powers and duties of the director and/or the director's designee shall be: (1) To investigate and make findings regarding: a. Tension or prejudice in relation to all equal employment involving race, sex, color, religion, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. b. Discrimination against any person by any person with regard to employment on the basis of race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (2) To attempt to conciliate and mediate complaints of discrimination brought pursuant to this article. (3) To prepare consent agreements embodying any agreement reached by the parties relating to the complaint and to present such agreement to the equal employment board,for the board's acceptance or rejection. (4) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any investigation authorized by this article. (5) To administratively dismiss complaints pursuant to the provisions of this article. (6) To exercise all powers reasonable and necessary to fulfill the purpose of this article. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 3, 12-18-07) Secs. 2-274-2-280. - Reserved. DIVISION 3. - EQUAL EMPLOYMENT BOARD Sec. 2-281. - Established; composition. The equal employment board is hereby created and established.This board is to be composed of nine (9)citizens of Palm Beach County appointed by the board of county commissioners to serve staggered terms of two (2)years.The board shall reflect,to the greatest extent possible, representation from groups identified in this article and from various types of employment. Members of the equal employment board shall be the same as members of the fair housing board created pursuant to Palm Beach County Ordinance 90-1, as may be amended. about:blank 6/5/2015 Palm Beach County, PL Code of Ordinances Page 7 of 10 (Ord. No. 95-31, 8-15-95) Sec. 2-282. -Qualifications of members. Members of the board shall be residents of Palm Beach County, Florida. Seven (7) of the appointments shall be made as district appointments and two (2) of the appointments shall be made at large by the board of county commissioners on the basis of community representation, integrity, experience and interest in the area of equal opportunities. Each district appointee may be removed without cause by the appointing commissioner at anytime, and at large appointees may be removed at any time by a vote of the board of county commissioners. Members may not be members of more than two (2) other advisory boards appointed by the board of county commissioners; however, membership on the equal employment board and the fair housing board shall only be considered to be membership on one (1)advisory board. Members shall be governed by the applicable provisions of the County Code of Ethics, Resolution No. R-94-593, as may be amended. Abstention from voting due to a conflict of interest on more than three (3) separate matters during a calendar year shall result in automatic removal. (Ord. No. 95-31, 8-15-95) Sec. 2-283. -Terms of office. In order that the terms of office of all members of the board shall not expire at the same time, the initial appointments to the board shall be made as follows: (1) All current members of the fair housing board as established by Palm Beach County Ordinance No. 90-1 shall be made members of the equal employment board provided that each member agrees to the appointment.All members shall serve the remainder of their respective terms on the fair housing board. (2) Any members of the fair housing board who elect not to be members of the equal opportunity board shall be replaced by appointments made at large by the board of county commissioners in the same manner as other vacancies are filled and are to serve for the unexpired portion of the term. (3) The two (2)additional members needed to complete the equal opportunity board shalt be appointed at-large by the board of county commissioners for a term of one (1)year. Thereafter, all appointments shall be for a term of two (2)years as provided above.Appointments to fill vacancies on the board shall be for the remainder of the unexpired term. (Ord. No. 95-31, 8-15-95) Sec. 2-284. -Attendance. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend more than one-half(3/) of the meetings scheduled during a calendar year. Participation for less than three-fourths(3/) of a meeting shall constitute lack of attendance. Excused absences due to illness, absence from the county, or personal hardship, if approved by vote of the equal employment board, shall not constitute lack of attendance. Excused absences shall be entered into the minutes at the next regularly scheduled about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 10 meeting of the equal employment board. Members removed under this section shall not continue to serve until a new appointment is made and removal shall create a vacancy. (Ord. No. 95-31, 8-15-95) Sec. 2-285. - Organization of the board. (a) The members of the board shall elect a chairperson and vice-chairperson by a majority vote of the board and such officers shall serve for a term of one (1)year.The chairperson shall have the following duties: (1) Schedule all board meetings and set agenda for the same; (2) Preside at board meetings; (3) Sign subpoenas; (4) Appoint and define the role of such committees as are necessary or expedient to advise the board,the director of the office of equal opportunity and the board of county commissioners; and (5) Perform such other functions as the board may assign by rule of order. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence and such other duties as the chairperson may assign. (b) If a vacancy occurs in the office of chairperson,the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson the board will elect another member to fill the unexpired term of the vice-chairperson. (c) Three (3) members of the board shall constitute a hearing panel for the purposes of hearing discrimination complaints.A majority of the members appointed shall constitute a quorum to hold a meeting for any other purpose. The majority vote of those present at a duly constituted meeting shall be sufficient for all actions. (d) Members shall serve without compensation.Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill board member responsibilities when sufficient funds are budgeted and available, and upon prior approval of the board of county commissioners. (Ord. No. 95-31, 8-15-95) Sec. 2-286. - Meetings of the board. Meetings of the board shall be held on a regular basis to hear and dispose of pending matters. Notice of the time and place of meetings shall be given to all board members, all parties scheduled to be heard, and shall be made public. The meetings shall be governed by Roberts Rules of Order. The chairperson may call an unscheduled meeting of the board, upon not less than twenty-four(24) hours notice, and meetings may also be called by the director upon the written request of three (3) members of the board.All meetings shall be public, except where prohibited by law. The county administrator shall provide a regular meeting place for the board, and shall provide such staff as may reasonably be required to assist the board in the performance of its duties. (Ord. No. 95-31, 8-15-95) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 9 of 10 Sec. 2-287. - Objectives. The objective of the board shall be: (1) To promote and encourage fair treatment and equal opportunity in employment for all persons regardless of race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression to promote and encourage mutual understanding and respect among such persons and to endeavor to eliminate employment discrimination against and antagonism between such persons. (2) To cooperate with governmental and non-governmental agencies and organizations having like or kindred functions. (3) To make such investigation and studies in the field of employment as in its judgment will aid in effecting its general purposes. (4) To assist various groups and agencies of the community to cooperate in educational programs and campaigns, devoted to the elimination of discrimination in employment. (5) To aid in permitting Palm Beach County to benefit from the fullest realization of its equal employment resources. (6) To recommend to the board of county commissioners the acceptance of certain grants and contracts from foundations and other sources for the purpose of carrying out the purposes of this article. (7) To recommend to the board of county commissioners methods for elimination of discrimination and intergroup tensions. (8) The objectives set forth above are not to be construed as duties and the board of county commissioners shall have the discretion to determine when each objective is implemented. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, §4, 12-18-07) Sec. 2-288. - Powers and duties. The powers and duties of the board shall be: (1) To refer or accept referral of complaints when appropriate and to cause, through the office of equal opportunity, investigations of: a. Tension or prejudice in relation to all employment matters involving race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. b. Discrimination against any person by any with regard to employment matters on the basis of race, sex, color, religion, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (2) To propose reasonable rules and regulations as are necessary to effectuate the policies of this article and govern the proceedings of the board. Such rules and regulations shall become effective upon approval by the board of county commissioners. (3) To receive, initiate, seek to conciliate, hold hearings upon and adjudicate complaints alleging violation of this article; to recommend methods and alternatives for eliminating injustices occasioned thereby, to carry out and enforce the purpose of this article. about:blank 61512015 Palm Beach County, FL Code of Ordinances Page 10 of 10 (4) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any hearing convened pursuant to the powers and duties authorized by this article. (5) To subpoena witnesses and compel production of evidence requested bythe office of equal opportunity relating to an investigation being conducted pursuant to this article. (6) Meet and exercise its power in any place within Palm Beach County. (7) To issue remedial orders prohibiting violations of this article and providing affirmative relief from the effects of the violations as specified in Division 4, section 2-312. (8) Prepare, adopt and present an annual report to the board of county commissioners. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 5, 12-18-07) Secs. 2-289-2-300. Reserved. about:blank 6!512015 Palm Beach County, FL Code of Ordinances Page I of 9 Sec. 2-301. - Filing of complaints alleging discrimination in employment. (a) A complaint that any person has engaged in or is engaging in an unlawful employment practice within the meaning of this article may be made by or on behalf of any person claiming to be aggrieved within one hundred eighty(180) days of the alleged discriminatory act. (1) Any person who claims to have been injured by an unlawful discriminatory practice must file a sworn written complaint with the office of equal opportunity which shall state the name and address of the complainant and the person or persons against whom the complaint is made. (2) A complaint on behalf of a person claiming to be aggrieved maybe made by any person, agency or organization. (3) A complaint shall be in writing, signed by the complainant and verified by the director of the office of equal opportunity or the director's designee. Each complaint should contain the following information: a. The full name and address and telephone number of the person making the complaint except in cases where the complaint is being made on behalf of another person; b. The full name and address of the person against whom the complaint is made; and c. A general description of the action or practices complained of. (b) A complaint maybe filed by the director of the office of equal opportunity, with the approval of the board. (c) Intake of complaints may be done in person,'by telephone or by mail at the office of equal opportunity, any satellite office of the office of equal opportunity or with any representative of the office of equal opportunity. (4) Complaints maybe amended to cure technical defects, omissions, or to clarify and amplify allegations.Amendments alleging additional acts which constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received. (Ord. No. 95-31, 8-15-95) Sec. 2-302. - Notice of complaints. Upon the filing of a complaint, the director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article. The director or the director's designee shall, not later than ten (10) days after such filing or the identification of an additional respondent, serve on the respondent a notice, by registered or certified mail, identifying the alleged discriminatory employment practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint.The respondent may file a sworn written answer to the complaint within ten (10) days of the receipt of the complaint. Failure to file an answer by the respondent shall not result in any presumption of admission to the allegations in the complaint. Any subsequent amendment to the complaint or answer thereto shall be served by U.S. Mail. (Ord. No. 95-31, 8-15-95) Sec. 2-303. Processing complaints. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 9 Within one hundred (100) days of the filing of a complaint as set forth in section 2-301, the staff of the office of equal opportunity shall make such investigation as the director or the board deems appropriate to ascertain facts and issues. If the office of equal opportunity is unable to complete the investigation within one hundred (100) days after the filing of the complaint,they shall notify the complainant and the respondent in writing of the reasons for not doing so. In conducting an investigation to ascertain whether or not there has been a violation of this article, the director and/or the director's designee shall have access at all reasonable times to premises, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the office of equal opportunity complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures.The director, chairperson,vice- chairperson or any other member of the equal employment board may issue subpoenas to compel access to, or the production of, such materials, or the appearance of such persons, and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. In the case of a refusal to obey a subpoena issued to any person, or refusal to comply with any method of discovery authorized in the Florida Rules of Civil Procedure the board and/or the director shall request the county attorney to make application to the appropriate court to order the witness to comply with the request for discovery, or to appear before the board and to produce evidence, if so requested, or to give testimony concerning the matter in question. The director and/or the board may administer oaths. If the complaint is not settled within one hundred (100)days of the filing of the complaint, and if the director shall determine that there are reasonable grounds to believe an unlawful discriminatory practice has occurred and is appropriate for conciliation,then the director and/or the director's designee shall attempt to conciliate the matter pursuant to section 2-309 of this article. (Ord. No. 95-31, 8-15-95) Sec. 2-304. -Withdrawal of complaint. A complaint filed pursuant to this article may be withdrawn at any time by the complaining parry upon notifying the office of equal opportunity, however, the director may continue action against the respondent if the facts establish reasonable grounds to support a finding of discrimination and the board approves such further action. (Ord. No. 95-31, 8-15-95) Sec. 2-305. - Preservation of records. Following service of the complaint in the manner provided herein, the respondent shall preserve all personnel records, payroll records or any other written or documentary material relating to the complaint until the complaint has been resolved. (Ord. No. 95-31, 8-15-95) Sec. 2-306. -Administrative dismissal of complaint. (a) Any complaint filed pursuant to this article shall be dismissed by the director upon the following grounds: (1) The complainant has failed or refused to cooperate or the complainant cannot be located about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 3 of 9 after reasonable efforts to do so have been made and after twenty(20)days notice to the complainant by mail to the complainant's last known address the complainant has failed to duly respond. (2) The complaint has not been timely filed with the board or the office of equal opportunity. (3) The complainant refuses to accept full remedy when there is a settlement negotiation prior to a finding being issued. (4) The complainant and respondent have entered into a separate independent settlement agreement regarding the subject matter of the complaint. (5) The complainant withdraws the complaint. (b) In the event that any other agency of the state or of any other unit of state or federal government has jurisdiction of the subject matter of any complaint f=iled with the office of equal opportunity and has legal authority to investigate or act upon the complaint, the office of equal opportunity may refer such complaint to such agency. Referral of such a complaint by the office of equal opportunity shall not constitute agency action within the meaning of Florida Statute § 120.52(2). In the event of any referral'under this subsection, the office of equal opportunity shall accord substantial weight to final findings and orders of any such agency. (Ord. No. 95-31, 8-15-95; Ord. No. 05-046, § 2, 9-27-05) Sec. 2-307. - Investigation procedures. After a complaint has been filed, the office of equal opportunity shall conduct an investigation. The office of equal opportunity may utilize the services and information gathered from other public agencies charged with the administration of equal opportunity laws. The following procedures shall be followed: (1) Requests for information. In conducting an investigation the director and/or the director's designee shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the director and/or the director's designee complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. The director and/or the director's designee may obtain information by: a. Oral interview; and/or b. Requests for written statement or affidavit; or c. Any discovery methods set forth in the Florida Rules of Civil Procedure. (2) Access to files during investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant,the respondent, or their authorized representative, or to witnesses, only when disclosure is deemed necessary by the director for the investigation or for securing appropriate disposition of the complaint.The director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law and/or the Federal Privacy Act. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 9 (Ord. No. 95-3.1, 8-15-95) Sec. 2-308. - Determination of reasonable grounds—Notice. (a) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the director and/or the director's designee shall make a determination as to whether there is reasonable grounds to believe that an unlawful discriminatory practice has occurred. The director and/or the director's designee shall report the results of the investigation and his/her determination to the board and advise the board that a notice of determination shall be served upon the complainant and respondent. The board shall receive a copy of the notice of determination. (b) A notice of determination of reasonable grounds shall include an invitation to participate in conciliation. (c) After service of a notice of determination, the parties named in the determination may inspect the records and documents, in the custody of the office of equal opportunity, which pertain to the determination. The director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law and the Federal Privacy Act. (Ord. No. 95-31, 8-15-95) Sec. 2-309. -Same—Conciliation procedure. (a) After service of a notice of determination of reasonable grounds the office of equal opportunity shall endeavor to eliminate any unlawful discriminatory practice by informal methods of conference, conciliation and persuasion. The office of equal opportunity shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the unlawful practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the consent agreement shall be reduced to writing and signed by the complainant, the respondent and the director. The original of the signed agreement shall be filed with the director and copies shall be served upon the respondent, complainant and the board.The board shall, at its next regularly scheduled meeting, approve the agreement. (b) When a consent agreement has not been signed, and the complaint has not been withdrawn or dismissed, the director shall serve a notice of failure of conciliation upon the complainant, respondent and the board not less than thirty(30) days after the service of a notice of determination of reasonable grounds. Within thirty(30)days after the service of the notice of failure of conciliation,the complainant may request an administrative hearing before the board and the board shall schedule such a hearing within thirty(30) days of such a request. (c) Nothing said or done in the course of the conciliation process may be made public or used as evidence in subsequent proceedings under section 2-311 without the written consent of the persons concerned.Any employee of the office of equal opportunity who violates this section shall be prosecuted in the same manner as a misdemeanor of the second degree, punishable as provided in Florida Statutes Chapter 775. (Ord. No. 95-31, 8-15-95) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 9 Sec. 2-310. -Administrative remedies. (a) If the director is unable to obtain voluntary compliance with this article and has reasonable cause to believe that a discriminatory practice has occurred, the director may institute an administrative proceeding before the equal employment board on any director initiated complaint. (b) The complainant may request an administrative proceeding before the equal employment board within thirty(30) days after receiving notice of failure of conciliation. (c) In conducting an administrative hearing to ascertain whether or not there has been a violation of this article,the board shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents and receive evidence.The board shall conduct the administrative hearing in accordance with the procedure provided in §§ 120.57(1)and 120.58, Florida Statutes. (d) All recommended orders prepared by the board as a result of such hearing or hearings shall conform with the requirements for such orders as set out in section 120.59, Florida Statutes. (e) The board shall serve a copy of the order on each party to the administrative proceedings.The recommended order shall be considered as the final order of the board for the purposes of proceeding further under this section. (f) Either party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing notice of appeal pursuant to Florida Appellate Rule 9.110(2)within thirty(30) days of the issuance of such order by the board. Any parry shall have the right to bring an action in the appropriate court to insure compliance with this order. (g) In the case of a refusal to obey a subpoena issued by the board,the county or the person at whose request it was issued may, in addition to any other remedies made available, petition for its enforcement in the appropriate court. (h) Should any party fail or refuse to comply with the final order issued or breach a conciliation agreement as provided herein, then following the expiration of the appeal time provided herein, the board shall forward such order or conciliation agreement to the board of county commissioners with a request that the board of county commissioners authorize the county attorney to bring such action or actions as necessary to obtain compliance with this article. . (i) When an act is required or allowed to be done at or within a specified time by this section, for cause shown,the board, in its discretion, and upon the written request of a party, may order the period enlarged unless otherwise prohibited by law. (j) All written motions upon which a ruling is requested shall be filed with the office of equal opportunity at least three(3)working days prior to the hearing date established by the board. Such motions shall be considered and ruled upon by the board prior to the start of the hearing. (k) All motions and orders thereon shall be made a part of the record of such administrative proceedings. (1) No appeal may be made from rulings on such motions until a final order has been issued. (m) If there are separately filed cases before the board which involve similar issues of law and fact and identity of parties,then such cases may be consolidated by the director for hearing before the board. (n) Discovery shall be permitted and shall proceed in the manner provided by the Florida Rules of about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 9 Civil Procedure. (o) The board may order a pre-hearing conference prior to any administrative hearing. Prior to such conference the board may direct that the parties submit a pre-conference statement addressing the issues of law and fact that will be involved in such hearing, identifying the witnesses that will testify, providing such other information as requested by the board. (p) The director shall set the time and place of any administrative hearing. The director shall serve notice by certified mail of such hearing on the parties no later than fourteen (14) calendar days prior to the final hearing. Such notice requirement may be waived with the written consent of all parties.The notice shall also contain: (1) A statement of the nature of the hearing. (2) A statement of the legal authority and jurisdiction under which the hearing is to be held. (3) A reference to the statutes, ordinance and rules involved. (q) Requests for subpoenas by the complainant or respondent in any administrative proceeding shall be filed with the office of equal opportunity and forwarded to the board. Such requests shall set forth the name and address of the person whose attendance is requested and shall describe with particularity any material to be produced. Such subpoenas shall be issued by the board or the director. The requesting parry shall be responsible for service of any subpoena. (r) A subpoena shall be subject to a motion to quash or a motion for protective order before the appropriate court. (s) The official transcript of a hearing shall be preserved by tape recording or by a court reporter. (t) Should a parry elect to provide a court reporter for a hearing,that party shall be responsible for entire payment of the reporter's fee. (u) If the equal employment board finds that a discriminatory practice has occurred, it shall issue an order prohibiting the practice and awarding affirmative relief from the effects of the practice, including actual damages and reasonable attorney's fees and costs.Actual damages may include back pay, except liability far back pay shall not accrue from a date more than two (2)years prior to the filing of a complaint under the article. (v) To vindicate the public interest,the equal employment board, may assess a civil penalty against the respondent in an amount not to exceed five hundred dollars($500.00). Funds recovered under this section shall be paid to the board of county commissioner's general fund. (Ord. No. 95-31, 8-15-95) Sec. 2-311. - Enforcement by private persons. (a) A person may also commence a civil action in any court of competent jurisdiction against the named employer, employment agency, labor organization,joint labor-management committee or person no later than one(1)year after the date of determination of reasonable cause by the office of equal opportunity. The commencement of such action shall divest the office of equal opportunity of jurisdiction of such complaint, except that the office of equal opportunity may intervene as a matter of right. (b) Nothing in this article shall be construed to waive the right of any person to file a charge with any other agency with the legal authority to investigate or act upon the complaint.The about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 7 of 9 commencement of such action shall divest the office of equal opportunity of jurisdiction of such complaint. (c) If the court finds that a discriminatory practice has occurred, it may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, actual and punitive damage, and reasonable attorney's fees and costs.Actual damages may include back pay, except liability for back pay shall not accrue from a date more than two (2)years prior to the filing of a complaint under this article. It is intended that any award of attorneys fees be interpreted in a manner consistent with federal case law, involving a Title VII action.The right to trial by jury is preserved in any such private right of action in which the aggrieved person is seeking compensatory or punitive damages, and any party may demand a trial byjury. (Ord. No. 95-31, 8-15-95) Sec. 2-312. - Unlawful employment practices. (a) It is an unlawful employment practice for an employer: (1) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (2) To limit, segregate, or classify employees or applicants for employment in anyway which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (b) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression, or to classify or refer for employment any individual on the basis of race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (c) It is an unlawful employment practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (2) To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (3) To cause or attempt to cause an employer to discriminate against an individual in violation of this article. (d) It is an unlawful employment practice for any employer, labor organization, or joint labor- about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 9 management committee controlling apprenticeship or other training or retraining, including on- the-job training programs, to discriminate against any individual because of race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression or in admission to, or employment in, any program established to provide apprenticeship or other training, (e) Whenever, in order to engage in a profession, occupation, or trade, it is required that a person receive a license, certification, or other credential, become a member of an association of any club, association, or other organization, or pass any examination, it is an unlawful employment practice for any person to discriminate against any other person seeking such license, certification, or other credential, seeking to become a member or associate of such club, association or other organization, or seeking to take or pass such examination, because of such other person's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (f) It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee to print or cause to be printed or published,any notice or advertisement relating to employment, membership, certification, referral for employment, or apprenticeship or other training, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (g) It is an unlawful employment practice for an employer, employment agency, a joint labor- management committee, or labor organization to discriminate against any person because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this article. (h) Intimidate, coerce,threaten or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. (i) Retaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint,testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article. (j) Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provision of this article; or any order issued thereunder. (k) Resist, prevent, impede or interfere with the board or any of its members or representatives in the lawful performance of its or their duty under this article. (1) Initiate maliciously,frivolously or in bad faith any charge under the provisions of this article for the purpose of harassment. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 6, 12-18-07) Sec. 2-313. - Limitations and exceptions—Employment. Notwithstanding any other provision of this article, it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to: about:blank 61512015 Palm Beach County,FL Code of Ordinances Page 9 of 9 (1) Take or fail to take any action on the basis of religion, sex or national origin in those certain instances in which religion, sex or national origin is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related. (2) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality or production, which is not designed, intended, or used to evade the purposes of Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991,the Equal Pay Act of 1963,the Rehabilitation Act, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act. However, no such employee benefit pian or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual is engaged. This subsection shall not be construed to make unlawful the rejection or termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held or to require any changes in bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract, nor shall this article preclude such physical and medical examinations of all employees or persons offered employment to determine fitness for the job or position held or offered. Section 2-312 shall not apply to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Section 2-312 shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporations, associations, educational institutions, or societies of its various activities. (Ord. No. 95-31, 8-15-95; Ord. No. 05-046, § 3, 9-27-05) about:blank 6/5/2015 West's Florida Statutes.,nnotaced Title XXXIII.Regulation of Trade,Commerce,Investments,and Solicitations (Chapters ;.g.;-,56o) Chapter 509. Lodging and Food Service Establishments;Membership Campgrounds(Refs&Annos) Part I.Public Lodging and Public Food Seii ice Establishments West's F.S.A, §509.092 5og.o92.Public lodging establishments and public food.service estiwlishmunts;rights as priv to enterprises Currentness Public lodging establishments and public food service estab:ishtnents are private enterprises,and the operator has the right to refuse accommodations or service to any person who is objectionable or undesirable to the operator,but such refusal may not be based upon race, creed,color,sex,physical disability,or national origin. A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action,pursuant to s.760.11. Credits Laws 1957, c. 57-389, § 4; Laws 1970, c. 70-291, § 1; Laws 1979, c. 79-240, § 6; Laws 1990, c. 90-339, § 9; Laws "1992, c.92-177. § 10. Notes of Decisions(9) West's F. S.A. § 509.092,FL ST§509.092 Current with chapters from the 2015 1 st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XL1V°.Civil Rights (Ch,'pters 76o--,-55) J Chapter 76o.Discrimination in the Treatment of Persons;Minority Represantation(Refs&Annos) i Part 1.Florida Civil Rights Act. West's F.S.A. §76o.ai 76o.oi.Purposes;construction;title Currentness (1)Sections 760.01-760.1 : and 509.092 shall be cited as the"Florida Civil Rights Act of 1992." (2)The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race,color,religion,sex,national origin,age,handicap,or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest,to preserve the public safely,health,and general welfare,and to proinote the interests, rights, and privileges of individuals within the state. (3) The Florida Civil Rights Act of 1992 shall be constmed accordir_g to the fair import of its terms and shall be liberally construed to further the general proposes stated in this section and the special purposes of the particular provision involved. Credits Laws 1969,c. 69-287, § 1;Laws 1972,c.72-48, § 1;Laws 1977,c. 77-341, § 1; Fla.St.1977, § 13.201; F1a.St..1981, §23.161; Laws 1992,c. 92-177, § 1. Notes of.I.),cisions(;01) West's F. S.A. § 760.01,FL ST§ 760.01 Current with chapters from the 20:5 1st Reg. Sess,of the 241h Legislature in effect through May 22,2015 West's Florida Statutes Annotated 'iltle XLIV. CiAl Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Representation(Refs 8r Annos) Part I.Florida Civil Rights Act West's F.S.A. §76o.o2 76o.o2. Definitions Effective:June 18,2003 Currentness For the purposes of ss.760.01-760.11 and 509.092,the tenn: (1)"Florida Civil Rights Act of 1992"means ss, 760.01-760.11 and 509.092. (2)"Commission"means the Florida Cominission on Human Relations created by s. 760.03. (3)"Commissioner"or"member"means a member of the commission. (4)"Discriminatory practice"means any practice made unlawfia by the Florida Civil Rights Act of 1992. (5)"National origin"includes ancestry. (6)"Person"includes an individual,association,corporation,joint apprenticeship committee,joint-stock company,labor union, legal representative, mutual company, pmt-iership, receiver,trust, trustee in bankruptcy, or unincorporated organization; any other legal or commercial entity;the state;or any governmental entity or agency. (7)"Employer"means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks m the current or preceding calendar year,and any agent of such a person. (8)"Employment agency" means any person regularly;ander aking, with or without compensation, to procure employees for an employer or to procare for employees opportunities to work for an employer,and includes an agent of such a person. (9) "Labor organization" means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terns or conditions of employment,or other mutaal aid or protection in connection with employment. (10)"Aggrieved person"means any person who files a compiairt with the Human Relations Commission, (:1) "?ublic accommodations"means places of public accommodation,lodgings,facilities principally engaged in selling food For consumption on the premises, gasoline stations,places of exhibition or entertainment, and other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section: (a)Any inn,hotel,motel,or other establishment which provides lodging to transient guests,other than an establishment located within a building which contains not more than four rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his or her residence. (b)Any restaurant,cafeteria,lunchroom,lunch counter,soda fountain,o:other facility principally engaged in selling food For consumption on the promises,including,but not limited to,any such facility located on the premises of any retail establishment, or any gasoline station. (c)Any motion picture theater,theater,concert hall,sports arena,stadium,or other place of exhibition or entertainment, (d) Any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment. C:reuW Laws 1969,c.69-287,§2; Laws 1972,c. 72-48, § 2;Laws 1977,c.77-341, §2;Fla.St.1977, § 13.211..; Laws 1979,c.79-400, § 3; F1a.St.1981,§23.162;Laws 1992,c.92-177, §2.Amended by Laws 2003,c.2003-396, §4,eff.Jun. 18,2003. NOLeS of Decisions(19) West's F. S.A. § 760.02,FL ST§ 760.02 Current with chapters from the 2015 ist Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Titl:XLIV. Civil Rights(Chapters 760-765) Chapeer 76o.Discrimination in the Treatment of Persons; Minority Representadon(Refs&Annos) Fart I.Flori&a Civil Rights Act West's F.S.A. 6o.o21 §7 76o.021.Enforcement Effective:June 18,2003 Currentness (1) The Attorney General may commence a civil action for damages, injunctive relief, civil penalties not to exceed $10,000 per violation, and such other relief as may be appropriate under the laws of this state if the Attorney General has reasonable cause to believe that any person or group: (a)Has engaged in a pattern or practice of discrimination as defined by the laws of this state;or (b)Has been discriminated against as defined by the laws of this state and such discrimination raises an issue of great public interest. (2)The Attorney General may file an action under this section in the circuit court of the county where the cause of action arises or in the circuit court of the Second Judicial Circuit, in and for Leon County. (3)In any proceeding under this section,the respondent may request,before any responsive pleading is due,that a hearing be held no earlier than 5 days but no more than 30 days after the filing of the complaint,at which hearing the court shall determine whether the complaint on its face makes a prima facie showing that a pattern or practice of discrimination exists or that, as a result of discrimination,an issue of great public interest exists. (4)The prevailing party in an action brought under this section is entitled to an award of reasonable attorney's fees and costs. (5)Any damages recovered under this section shall accrue to the injured party. Credits Added by Laws 2001,c.2003-396, § 2,eft:Jun, 18,2003, West's 1". S.A. § 760.021,FL ST§760.021 Current with chapters from the 2015 1st Reg. Sess.of the 241h Legislature in effect through May 22,2015 `i West's Florida Statutes Annotated Title XLIV.Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority itepresei tation(Reis 8r Annos) Pari 1.Florida Civi]Rights Act West's F.S.A. §76o.03 760.03.Commission on Human Relations;staff Currentness (1)There is hereby created the Florida Commission on Human Relations,comprised of 12 members appointed by the Governor, subject to confirmation by the Senate. The commission shall select one of its members to serve as chairperson for terns of 2 years. (2) The members of the commission must he broadly representative of various racial, religious, ethnic, social, economic, political,and professional groups within the state;and at!east one member of the commission must be 60 years of age or older. (3)Commissioners shall be appointed for terms of 4 years.A member chosen to fill a vacancy otherwise than by expiration of term shall be appointed for the unexpired term of the member wham such appointee is to succeed.A member of the commission shall be eligible for reappointment.A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission. (4)The Governor may suspend a member of the commission only for cause,subject to removal or reinstatement by the Senate. (5) Seven members shall constitute a quorum for the conduct of business; however, the commission may establish panels of not less than three of its members to exercise its powers under the Florida Civil Rights Act of 1992,subject to such procedures and limitations as the commission may provide by rule. (6)Each commissioner shall be compersated at the rate of$50 per day for each day of actual at'endance to commission duties and shall be entitled to receive per diem and travel expenses as provided by s. 112.061. (7)The commission shall appoint,and may remove,an executive director who,with the consent of the commission,may e.nploy a deputy, attorneys, investigators, clerics, and such other personnel as may be necessary adequately to perform the 'Linctrons of the commission,within budgetary limitations. Credits Laws 1969,c.69-287, §3;laws 1970,c.70-438,§ i;Laws 1977,c.77-341, §3;Fla.St..1.977,§ 13.221;Laws 1980,c. 80-148, § 1; Fla.St.1981,§23.163;laws 1987,c. 87-1.72.§27; Laws 1992,c.92-177,ti 3. Notes of Decisions(3) West's F.S.A. § 760.03,FL ST§ 760.03 Current with chapters from the 20'_5 1s±Reg. Sess,of the 24th Legislature in effect throug-h May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&.'U-mos) Parr I.Florida Civil Rights Act West's F.S.A. §76o.04 76o.04.Commission on human Relations,assigned to Department of Manage-ment Services Currentness The commission created by s. 760,03 is assigned to tl:e Department of Management Services. TI-.e commission, in the performance of its dirties pursuant to the Florida Civil Rights Act of 1992, shall not be subject to control, supervision, or direction by the Department of Management Services. Credits Laws 1969,c.69-287,§7;Fla.St.1977,§ 13.231;Laws 1979,c.79-:90,§§45,56;Fla.St.1981,§23.16•'.;laws 1992,c.92-177, §4;Laws 1992,c.92-279,§ 134;Laws X992,c. 92-282, § 1;Laws 1996,c.96-399,§ 35. Notcs ofDs-inions(1) West's F. S.A. § 760.04,FL ST§ 760.04 Current with chapters from the 2015 1st Reg, Sess,of the 24th Legislature in effect through May 22,2015 Vwest's Florida Statutes Annotated Title XLIV, Civil Rights(Chapters 760-765) Chapter 76o. Disefiniiiiation in the Treatment of Persons;Minoriiy Representation(Refs Sr Annos) Part I.Florida Civil Rights Act West's F.S.A. §76o.05 76o.o5.Functions of the commission Currentness The commission shall promote and encourage fair treatment and equal opportunity for all persons regardless of race, color, religion, sex, national origin,age,handicap,or marital status and mutual understanding and respect among all members of al: economic,socia:,racial, religious,and ethnic groups; and shall endeavor to eliminate discrirrina.tion against,and antagonism between,religiot:s,racial,and ethnic groups and their members. Credits Laws 1969,c. 69-287,§4; Laws 1977,c.77-34i,§4;Fla.St.1977,§ 13.2•:1;Laws 1979,c.79-400,§a;Fla.St.1981,§23.165. West's F. S.A. § 760.05,FL,ST§760.05 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's rlorida Statutes Annotated Title XLIV.Civil Rights(Chapiers 760-765) Chapter 76o. Discrimination in the Tre�.tment of Persons;Minority Representation(Refs&Annos) Part I.Florida Civil Rights Act West's F.S,A. §76o.o6 76o.o6.Powers of the commission Currentness Within the limitations provided by law,the commission shall have the following powers: (1)To maintain offices in the State of Florida. (2)To meet and exercise its powers at any place within the state. (3)To promote the creation of, and to provide continuing technical assistance to, local commissions on human relations and to cooperate with individuals and state, local, and other agencies, both public and private, including agencies of the Federal Govermnent and of other states. (4)To accept gifts,bequests,grants,or other payments,public or private,to help mance its activities. (5)To receive, initiate, investigate,seek to conciliate, hold hearings on,and act upon complaints alleging any discriminatory practice,as defined by the Florida Civil Rights Act of 1992. (6) To issue subpoenas for, administer oaths or affinnations to and compel the attendance and testimony of witnesses or to issue subpoenas for and compel the production of books, papers, records, documents, and other evidence pertaining to any investigation or hearing convened pursuant to the powers of the commission. In conducting an investigation,the conunission and its investigators shall have access at all reasonable times to premises,records, documents,and other evidence or possible sources of evidence and may examine,record,and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the Rirtherance of the investigation. The authority to issue subpoenas and administer oaths may be delegated by the commission, for investigations or hearings, to a commissioner or the executive director. In the case of a refusal to obey a subpoena issued to any person,the commission may make application to any circuit court of this state, which shall have jurisdiction to order the witness to appear before the commission to give testimony and to produce evidence concerning the matter in question. Failure to obey the court's order may be punished by tie court as contempt. if the court enters an order holding a person in contempt or compelling the person to comply with the commission's order or subpoena,the court shall order the person to pay the commission reasonable expenses, including reasonable attorneys' fees, accrued by the commission in obtaining the order from the court. (7) To recommend methods for elimination of discrimination and '.ntergroup tensions and to use its best efforts to secure compliance with its recommendations. (8)To furnish technical assistance requested by persons to facilitate progress inhuman relations. (9)To make or arrange for stadies appropriate to effeo date the purposes and policies of the Florida Civil Rights Act of 1992 and to make the results thereof available to the public. (10)To become a deferral agency for the Federal Government and to comply with the necessary federal regulations to effect the Florida Civil Rights Act of 1992. (11)To render,at least annually,a comprehensive written report to the Governor and the Legislature. The report may contain recommendations of the commission for legislation or other action to effectuate the purposes and policies of the Florida Civil Rights Act of 1992. (12)To adopt,promulgate,amend,and rescind rules to effectuate the purposes and policies of the Florida Civil Rights Act of 1992 and govern'lie proceedings of the commission, in accordance with chapter 120. (13) To receive complaints and coordinate all activities as required by the Whistle-bower's Act pursuant to ss. 1'2.3i87-1..12.31895, —redits Laws 1969, c. 69-287, § 5; Laws 1972, c, 72-48, § 3; Laws 1975, c. 75-232, § 1; Laws 1977, c. 77-341, § 5; Fla_St.1977, § 13.251;FL.St.1981,§23.166;Laws 1992,c.92-177,§ 5.Amended by Laws 1999,e. 99-333, §26, eff.July 1, 1999. Notes ofDecisions t17) West's F. S.A. § 760.06,FL ST§ 760.06 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment oI'Persons;Minority Representation(Refs 8r Annos) Part I.Florida CiNriI Rights Act West's F.S.A. §76o.o65 760.o65.Florida Civil Rights I.all of Fame Ef•:`ective:July 1,2010 Currentness It is the intent of the Legislature to recognize and honor those persons, living or dead, who have made significant contributions to this state as leaders in the struggle for equality and justice for all persons. (2)(a) There is hereby established the Florida Civil Rights Hall of Fame, The Department of Management Services shall set aside an appropriate public area of the Capitol Building for the Florida Civ;; Rights Hal', of Fame and shall consult with the commission regarding the design and theme of such area. (b) Each person who is selected as a member shall have a designation placed in the Florida Civil Rights Hall of Fame,which designation shall provide information regarding the niem�bers particular discipline or contribution and any vital information relating to the member. (3)(a)The commission shall annually accept nominations for persons to berecommended as members of the Florida Civil Rights Hall of Fame.The commission shall recommend 10 persons from which the Governor shall select up to 3 hall-of-fame members. (b)In snaking recommendations pursuant to this subsection,the commission shall recommend persons who are 18 years orage or older,who were born in Florida or adopted Florida as their home state and base of operation,and who have made a significant contribution and provided exemplary leadership toward Florida's progress and achievements in civil rights. (4)The commission may set specific time periods for acceptance of nominations and the selection of members to coincide with the appropriate activities of the Florida Civil Rights Hal'of Fame, (5)The commission shall be responsible for costs relating to the Florida Civi:Rights Hall of Fame,excluding normal costs of operations,repairs,and maintenance of the public area designated for the Florida Civil Rights Hall of Fame,which shall be the responsibility of the Department of Management Services. �r�dits Added by Laws 2010,c.2010-53, § 1,eff.July 1,2010, West's F. S.A. § 760.065,FL ST§760.065 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Ci�,il Rights(Ci:apters'760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&.'lnnos) Pay t 1.Florida CM1 Rights Act West's F.S.A. §76o.07 76o.oi. Relred.ies fog•unlawful discrimination Cu1Terrtness Any violation of any Florida statute making unlawful discrimination because of race, color, religion, gender, rational origin, age,handicap,or marital status in the areas of education,employment,housing,or public accommodations gives rise to a cause of action for all relief and damages described in s. 760.1 1(5),unless greater damages are expressly provided for. If the statute prohibiting unlawful discrimination provides an administrative remedy, the action for equitable relief and damages provided for in this section may be initiated only after the plaintiff has exhausted his or her administrative remedy. The terin "public accommodations"does not include lodge halls or other similar facilities of private organizations which are made available for public use occasionally or periodically.The right to trial by jury is preserved in any case in which the plaintiff is seeking actual or punitive damages. Credits Laws 1992,c.92-177, § 6.Amended by Laws 1997,c.97-102,§ 1137,eff.July 1, 1997. Motes of Decisions (24) West's F. S.A. § 760.07,FL ST§760.07 Current with chapters from the 2015 1st Reg. Sess, of the 24th Legislature in effect through May 22,2015 Si West's Florida Statues Annotated Tile XLIV. Civil Rights (Ch.,pi ers 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs L Annos) Part L Florida ChdI Rights Act West's F.S.A.§76o.o8 76o.o8.Discrimination in places of public accommodation Effective:June 18, 2003 Currentness All persons shall be entitled to the frill and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this chapter, without discrimination or segregation on the ground ofrace,color,rational origin,sex,handicap,familial status,or religion. Credits Added by Laws 2003,c. 2003-396, § 5,off.Raw 18,2003. Notes of Decisions(2) West's F. S. A. § 760.08,FL ST§ 760.08 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated f 'Title XLIV.Civil Rights(ChapL-crs 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part 1.Florida Civil Rights Act West's F.S.A. §76o.10 76o.lo.Unlawful employment practices Cureerntness (1)It is an unlawful employment practice for an employer: (a)To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation,terms,conditions, or privileges of employment,because of s;:ch individual's race, color,religion,sex,national origin,age,handicap,or marital status. (b) To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individi,al of employment opportunities,or adverse!y affect any individual's status as an employee,because of such individual's race,color,religion,sex,national origin,age,handicap,or marital status. (2) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against,any individual because of race, color,religion, sex,rational origin,age,handicap,or marital status or to classify or refer for employment any individual on the basis of race, color,religion, sex, national origin, age,handicap, or marital status. (3)It:s an unlawful employment practice for a labor organization; (a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion,sex,national origin,age,handicap,or marital status. (b) To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual,in any way which would deprive or tend to deprive any individual of employment oaport.nities, or adversely affect any individual's status as an employee or as an applicant for employment,because of such individual's race, color,religion,sex,national origin,age,handicap,or marital status. (c)To cause or attempt to cause an employer to discriminate against an individual in violation of this section. (4) It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race,color,religion,sex,national origin,age,handicap,or marital status in admission to,or employment in,any program established to provide apprenticeship or other training. (5)Whenever,in order to engage in a profession.,occupation,or trade,it is required that a person receive a license,certification, or other credential,--ecome a member or an associate of a,y cl„b,association,or other organization,or pass any examination,it is an unlawful employment practice for any person to discriminate against any other person seeking such license,certification,or other credential,seeking to become a member or associate of such club,association,or other organization,or seeking to take or pass such examination,because of such other person's race,color,religion,sex,national origin,age,handicap,or marital status. (6)It is an unlawful employment practice for an employer,labor organization,employment agency,orjoint labor-management committee to print, or cause to be printed or p,.zb'.ished, any notice or advertisement relating to employment, membership, classification,referral for employment,or apprenticeship or other training,indicating any preference,Limitation,specification, or discrimination,based on race,color,religion,sex,rational origin,age,absence of handicap,or marital status. (7)It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a. labor organization to discriminate against any person because that person has opposed any practice which is an unlawfiil employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation,proceeding,or hearing under this section. (8)Notwithstanding any other provision of this section, it is not an unlawful employment practice under ss. 760,01-760.10 for an employer,employment agency, labor organization,,or joint labor-management committee to: (a) Take or fail to take any action on the basis of religion, sex, national origin, age, handicap, or marital status in those certain instances in which religion,sex, national origin,age, absence of a particular handicap, or marital status is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related, (b) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan,or a system which measures earnings by quantity or quality of production,which is not designed, intended,or used to evade the purposes of ss.760.01-760.10.However,no such employee benefit plan or system which measures earnings shall excuse the failure to hire,and no such seniority system,employee benefit plan,or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual has applied or in which such individual is engaged.This subsection shall not be construed to make unlawful the rejection or terinination of employment when the individual applicant or employee has failed to :nett bona fide requirements for the job or position sought or held or to require any changes in any bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract,or for Z years after October 1, 1981,whichever occurs first, nor shall this act preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and e:7ployees to determine.Fitness for the job or position sought or held. (c) Take or fail to take any action on the basis of age, pursuant to ;aw or regulation governing any employment or training program designed to benefit persons of a particular age group. (d)Take or fail to take any action on the basis of marital status if that status is prohibited under its antinepotism po?icy. (9) This section shall not appy to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment or public accommodation to members of that religious corporation, association, educational institution,or society or to uersons who subscribe torts tcrets or beliefs.This section shall not prohibit a religious corporation,association,educational institution,or society from giving preference in employment to individua;s of a particular religion to performwork connected with the carrying on by such corporations,associations,educational institutions,or societies of its various activities. (10) Each employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice provided by the commission setting forth such information as the commission deems appropriate to effectuate the purposes of ss. 760.01-760.10. Credits Laws 1977, c. 77-341, § 6; Laws 1978, c. 78-49, § 2;Fla.St.1978, Stapp. § 13.261;Laws 1979,c. 79-400, § 5; Laws 1981, c. 81-109, § 1;1'Ia.St.1981, §23.167; Laws 1992,c.92-177, § 7; Laws 1992,c.92-282,§ 2. Notes oi'Decisions(773) West's F. S.A. §760,10,FL ST§ 760.10 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapiers 76o-/65) Chapter 76o.Discriminatio:-t in the Treatment of Persons;Minority Representation(Refs&Atmos) Part I.Florida Civil R ghts Act West's F.S.A. §76o.ii 76o.ii.Administrative and eivil remedies;construction Effective: October 1, 2004 Currentness (1)Any person aggrieved by a violation of ss.760,01--760.10 may file a complaint with the commission within 365 days of the alleged violation,naming the employer,employment agency,labor organization,or joint labor-management committee,or,in the case of an alleged violation of 760.10(5),the person responsible for the violation and describing the violation.Any person aggrieved by a violation of s,509.092 may file a complaint with the commission within 365 days of the alleged violation naming ,be person responsible for the violation and describing the violation.The commission,a commissioner,or the Attorney General may in like manner file such a complaint. On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission.In lieu of filing the complaint with the commission,a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F,R. ss. 1601.70-1601.80. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of fling. The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission. The complaint shall contain a short and plain statement of the facts describing the violation and the relief sought. The commission may require additional information to be in the complaint.The commission,within 5 days of the complaint being filed,shall by registered mail send a copy of the complaint to the person who allegedly committed the violation.The person who allegedly committed the violation may file an answer to the complaint within 25 days of the date the complaint was feed with the commission, Any answer filed shall be mailed to the aggrieved person by the person filing the answer. Both the complaint and the answer shail be verified. (2)In the event that any other agency of the state or of any other Ludt of government of the state has jurisdiction of the subject :matter of any complaint filed with the com-mission and has legal authority to investigate the complaint, the commission may refer such complaint to such agency for an investigation. Referral of such a complaint by the commission shall not constitute agency action within the meaning of s. 120.52. In the event of any referral under this subsection,the commission shall accord substantial weight to any indings and conclusions of any such agency.The referra'of a complaint by the commission to a local agency does not divest the commission's jurisdiction over the complaint. (3)Except as provided in subsection(2),the commission shall investigate the allegations in the complaint.Within 180 days of the filing of the complaint,the commission shall determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992. When the commission determines whether or not there is reasonable cause, the commission by registered mail shall promptly notify the aggrieved person and the respondent of the reasonable cause determinatlon,the date of such determination,and the options available under this section. (4) In the event that the commission determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992,the aggrieved person may either: (a)Bring a civil action against the person named in the complaint ir any court of competent jurisdiction;or (b)Request an administrative hearing under ss. 220.569 and 120.57. The election by'.he aggrieved person ofriling a civil action or requesting an administrative hearing under this subsection is the exclusive procedure available to the aggrieved person pursuant to this act. (5) In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, including back pay. The court may also award compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages.The provisions of ss. 768.72 and 768.73 do not apply to this section.The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed $100,000. In any action or proceeding under this subsection,the court,in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs. It is the intent of the Legis:ature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VIl action.The right to trial by iu y is preserved in any such private right of action in which the aggrieved person is seeking compensatory orpunitive damages,and anyparty may demand atrial by jury.The commission's determination of reasonable cause is not admissible into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private right of action.A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the commission..The commencement of such action shall divest the commission of jurisdiction of the complaint,except that the commission may intervene in the civil action as a matter of right.Notwithstanding the above,the state and its agencies and subdivisions shall not be liable for punitive damages.The total amount of recovery against the state and its agencies and subdivisions shall not exceed the limitation as set forth in s.768.28(5). (6) Any administrative hearing brought pursuant to paragraph (4)(b) shall be conducted under ss. 120.569 and 120.57. The commission may hear the case provided that the final order is issued by members of the commission who did not conduct the hearing or the commission may request that it be heard by an administrative law judge pursuant to s. 120.569(2)(x). If the commission elects to hear the case, it may be heard by a commissioner. If the commissioner, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the commissioner shall issue an appropriate proposed order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice,including back pay. If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred,the administrative law judge shall issue an..appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relies from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered,the commission shall issue a fnal order by adopting,rejecting,or modifying the recommended order as provided under ss. 120.569 and 120.57.The 90-day period may be extended with the consent of al] the parties. An administrative hearing pursuant to paragraph(4)(b) must be requested no later than 35 days after the date of detenmiration of reasonable cause by the commission. In any action or proceeding under this subsection,the commission, in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs, It is the intent of the Legislature that this provision for attorney's fees be.interpreted in a manner consistent with federa=case law involving a.Title VII action. (7)If the commission determines that thereis not reasonable cause to believe t'at a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dism;ss the complaint.The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request must be made within 35 days of the date of determination of reasonable cause and any such;rearing shall be heard by an administrative law judge and not by the commission or a commissioner.If the aggrieved person does not request an administrative hearing within the 35 days, the claim will be barred. If the administrative law judge finds that a violation of the Florida Civ;: Rights Act of 1,992 has occarred, he or she shall issue an appropriate recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice,includir g back pay.Within.90 days of the date the recommended order is rendered,the commission shall issue a final order by adopting,rejecting,or-nodifying the recommended order as provided under ss. 120.569 and 120.57.The 90-day period may be extended with the consent of all the parties. In any action or proceeding under this subsection, the commission, in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs. It is the intent of the Legislature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VII action.. In the event the final order issued by the commission determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within I year of the date or the final order, a civil action,under subsection(5)as if there has been a reasonable cause determination or accept the affurnative relief offered by the commission,but not both. (8)In the event that the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section, within 18C days o--the filing of the complaint, an aggrieved persor. may proceed under subsection (4), as if the cornal;ssion determined that there was reasonable cause. (9)No liability for back pay shall accrue from a date more than 2 years prier to the filing of a complaint with the commission. (10)A 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. (11) If a complaint is within the jurisdiction of the commission, the commission shall simultaneously with its other statutory obligations attempt to eliminate or correct the alleged discrimination by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent civil proceeding,trial,or hearing.The commission may initiate dispute resolution procedures,including voluntary arbitration,by special magistrates or mediators. The commission may adopt rules as to the qualifications of persons who may serve as special magistrates and mediators. (12)All complaints filed with the commission and all records and documents in the custody of the commission,which relate to and identify a particular person,including,but not limited to,a complainant,employer,employment agency,labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission,except to the paries or in the course of a hearing or proceeding under this section. The restriction of this subsection shall not apply to any record or document which is part of the record of any hearing or court proceeding. 03) Final orders of the commission are subject to judicial review pursuant to s. 120.68. The commission's determination of reasonable cause is not final agency action that is subject to judicial review, Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the com_nissior_,except as provided in the.Rules of Appellate Procedure. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the cost.It is the intent of the Legislature that this provision for attorneys fees be interpreted in a manner consistent with federal case law involving a Title VIi action,. In the event the order of the court determines that a violation of the Florida. Civil Rigkts Act or 1992 has occurred, the court shall remand the matter to the commission for appropriate relief,The aggrieved party has the option to accept the relief offered by the commission or may bring,within 1 year of the date of the court order,a cavil action under subsection(5)as if there has been a reasonab'.e cause determination. (14)The commission may adopt,promulgate, amend,and rescind rules to effectuate the purposes and policies of this section and to govern the proceedings of the commission under this section, (15) In any civic action or admir.'.strative proceeding brought pursuant to this section,a finding that a person employed by the state or any governmenta! entity or agency has violated s. 760.10 shat: as a matter of law constitute just or substantial cause for such person's discharge. Credits Laws 1992.c. 92-177, § 8; Laws 1992,c. 92-282,§ 3;Laws 1994,c. 94-91, § 1; Laws 1996,c. 96-406,§417; Laws 1996,c. 96-110,§302.Amended by Laws 2001,c.2001-187,§ 1,eff. Tune 8. 2001; Laws 2004,c.2004-11,§ 97,.eff.Oct. 1,2004. Notes of Decisions(131) West's F. S. A. § 760.i 1,FL ST§ 760.11 Current with chapters from the 2015 1st lkeg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part 11.Fair Housing Act West's F.S.A. §76o.20 76o.2o.Fair Housing Act;short title Currentness Sections 760.20-760.37 may be cited as the"Fair Housing Act." Credits Laws 1983,c. 83-221,§ 1. Notes of Decisions(7) West's F. S.A. § 760.20,FL ST§760.20 Current with chapters from the 2015 lst Reg. Sess. of the 24th Legislature in effect through May 22,2015 .:11 it'`.P.'.Or.s 1.iµ,' --sl West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part II. Fair Housing Act West's F.S.A. §760.27 760.21. State policy on fair housing Currentness It is the policy of this state to provide,within constitutional limitatiors,for Fair housing throughout the state. Crediis Laws 1983,c. 83-221, §2. West's F.S.A. § 760.21,FL ST§760.21 Oarrent with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,20:5 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-766) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part 11.Fair Housing Act West's F.S.A. §76o.22 760.22.Definitions Currentness As used in ss.760.20-760.37,the term: (1)"Commission"means the Florida Commission on Human Relations. (2)"Covered multifamily dwelling"means: (a)A building which consists of four or more units and has an elevator;or (b)The ground floor units of a building which consists of four or more units and does not have an elevator. (3)"Discriminatory housing practice"means an act that is unlawful under the terms of ss. 760.20-760.37. (4)"Dwelling"means any building or structure,or portion thereof,which is occupied as,or designed 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 construct_on or location on the land of any such building or structure,or portion thereof. (5)"Familial status"is established when an individual who has not attained the age of 18 years is domiciled with: (a)A parent or other person having legal custody of such individual;or (b)A designee of a parent or other person having legal custody,with the written permission o:such parent or other person. (6)"Family"includes a single individual. (7)"Handicap"means: (a)A person has a physical or nsental impairment which substantially limits one or more major life activities,or he or she has a record of having,or is regarded as having,such physical or mental impain-nent;or (b)A person has a developmental disability as defined in s.393.063. (8) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives,mutual companiesjoint-stack companies,tr:,sts,unincorporated organizations,trustees,tr.,stees in bankruptcy, receivers,and fiduciaries. (9)"Substantially equivalent"means an administrative subdivision of the State of Florida meeting the requirements of24 C.F.A. Part 115,s. 1'_5.6. (1,0)"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. Crediis Laws 1983,c. 83-221, § 3;Laws 1984,c. 84-117, § 1; laws 1987,c. 87-106, § 1; Laws 1989,c. 89-308, §28; Laws 1989,c. 89-321,§ 1.Amended by Laws 1597,c.97-102, § 1138,eff.July 1, 1997. Notes of Decisions(7) West's F.S.A. §760.22,FL ST§760.22 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 E.:.- West's Florida Statutes Annotated. Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs 3:•Annos) Part II.Fair Housing Act West's F.S.A. §760.23 760.23.Discrimination in the sale or rental of housing and other prohibited practices Currentness (1)It is unlawful to refuse to sell or rent after the making of a bona fide offer,to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or de.y a dwelling to any person because of race,color,national origin,sex,handicap,familial status,or religion. (2) 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 therewith,because of race,color,national origin,sex,handicap,familial status,or religion. (3)It is unlawful to 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, national origin, sex, handicap, familial status, or religion or an intention to make any such preference, limitation, or discrimination. (4) It is unlawful to represent to any person because of race, color, national origin, sex,handicap, familial status, or religion that any dwelling is not available for inspection,sale,or rental when such dwelling is in fact so available. (5)Itis unlawful,for profit,to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin., sex, handicap,familial status,or religion. (6)The protections afforded under ss. 760.20-76037 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, (7) 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 (a)That buyer or renter; (b)A person residing in or intending to reside in that dwelling after it is sold,rented,or made available; or (c)Any person associated with the buyer or renter. (S)It is unlawful to discriminate against any person in the to:-ns,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: (a)That buyer or renter; (b)A person residing in or intending to reside in that dwelling after it is sold,rented,or made available; or (c)Any person associated with the buyer or renter. (9)For purposes of subsections(7)and(S),discrimination includes: (a)A refusal 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 (b)A refusal 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. (10) Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constricted 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 detennined by commission rule. Such buildings shall also be designed and constructed in such a manner that: (a)The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons. (b)All doors designed to allow passage into and within all premises within such dwellings are siSficiently wide to allow passage by a person in a wheelchair. (c)All premises within such dwellings contain the following features of adaptive design: 1.An accessible route into and through the dweCing. Z. Light switches,electrical outlets,thermostats,and other crvironmcntal controls in accessible locations. 3.Reinforcements in bathroom walls to a'.iow later installation of grab bars, 4.Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space. . .c.. .. .r1. _. SII _... .. .r _.9.. . � .F. .r . . .. _.. e,.. ..,. ... —..�i (d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically hand;capped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph(c). State agencies with bLrilding construction regulation responsibility or local governments,as appropriate,shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection. Creaits Laws 1983,c. 83-221, § 5;Laws :984,c. 84-117, §2;Laws 1989,c. 89-321, §2. Notes of Decisions(8) West's F. S. A. § 760.23,FL,ST§ 760.23 Current with chapters from the 2015 Ist Reg. Sess. of the 24th Legislature in effect through May 22,2015 V. West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part II.Fair Housing Act West's F.S.A. §760.24 760.24.Discrimination in the provision of brokerage services Currentness It is unlawf,,l to deny any person access to,or 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 discrir_linate against him or her in the terns or conditions of such access,membership,or participation,on account of race,color, national origin,sex,handicap,famiia.l status,or religion. Credits Laws 1983,c. 83-221, § 7;Laws :984,a 84-117,§ 3;Laws 1989,c. 89-321, §3.Amended by Laws 1997,c.97-102, § 139, off.July 1, 1997. West's F. S.A. § 760.24,FL ST§760.24 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 .�1 f..Y . .. . ....L:u 0!- West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-76;) Chapter 76o. Discrimination in the"Treatment of Persons;Minority Representation(Refs 8r Annos) Part II.Fair Housing Act West's F.S.A. §76o.26 76o.25.Discrimination in the financing of housing or in residential real estate transactions Currentness (1) It is uniawft�l 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 or her in tl:e 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 or her ir 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. (2)(a) It is unlawfui 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 terns or conditions of such a transaction, because of race,color,national origin,sex,handicap,familial status, or relig?on, (b)As used in this subsection,the term"residential real estate transaction"means any of the foilowing: 1.The,Waking or purchasing of loans or providing oti er 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. Credits Laws 1983, c, 83-221, § 6; Laws 1984,e. 84-117, § 4; Laws 1989, c. 89-321, § 4; Laws 1990, c. 902x.75, § 17. Amended by Laws 1997,. c. 97-L02, § 1.140,eff.July 1, 1997. West's F. S.A. § 760.25,FL ST§ 760.25 Current with chapters from the 2015 1st Reg. Sess,of the 24th Legislat,:re in effect through May 22,2015 ter.; f w....:.. ..i_.__C-..`:eJ l{I .ri E.. ,trn.E E'.1-��•t.� t .:� »v..i�...e ..i �:il. v�. f _ .�.i West's Florida Statutes Annotated Title XLIV, Civil Rights(Chapters 76o-765) !E Chapter 76o.Discrimination in th:;Treatment of Persons;Minority Representation(Reis&Annos) Part II.Fair Housing Act West's F.S.A. §76o.26 76o.26. Prohibited discrimination in land use decisions and in permitting of development Effective:July 1,2000 Currentness It is unlawful to discriminate in land use decisions or in the permitting of development based on race, color, national origin, sex, disability, familial status, religion, or,except as otherwise provided by law, the source of financing of a development or proposed developalent. radits Added by L:ws 2000,c. 2000-3537 5 16,c.f.July 1,2000. West's F. S.A. § 760.26,FL ST§760.26 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title YLIV. Civil Rights(Chapters 760-766) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part II.Fair Housing Act West's F.S.A. §760.29 760.29.Exemptions Effective:July 1,2003 Currentness (1)(a)Nothing in ss.760.23 and 760.25 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-fancily 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 paragraph applies only w'.th respect to one sale within any 24-month period. In addition, the bona fide private individual owner shal'.not own any interest in,nor shall there be owned or reserved on his or her 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 ss. 760.20-760.37 only if the house is sold or rented, a. Without 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. Without the publication,posting,or mailing,after notice,of any advertisement or written notice in violation of s.760.23(3). Nothing in this provision 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 or her residence. (b)For the purposes of paragraph(a),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 dwet!irg or interest therein; iia. , 2. Has,within the preceding 12 months,participated as agent, other than in the sale of his or seer 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. (2) Nothing in ss. 760.20-'/60.37 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 Iimiting 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 ss.760.20-760.37 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. (3)Nothing in ss.760.20-760.37 requires any person renting or selling a dwelling constricted for first occupancy before March 13, 1991,to modify,alter,or adjust the dwelling in order to provide physical accessibi'.ity except as otherwise required by Iaw. (4)(a)Any provision of ss. 760.20-760.37 regarding familial status does not apply with respect to housing for older persons. (b)As used in this subsection,the term"housing for older persons"means housing: 1. Provided under any state or federal program that the commission determires 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:east 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 subparagraph, If the housing facility or community meets the req:.irer.-cnts of sub-subparagraphs a. and c. 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 f4t.re date,then that housing facility or community shat! 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 ourposes 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 I 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 C.F.R. part 100 for verification of occupancy, which rules provide for verification by reliable surveys and afflidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of stip-subparagraph b. Such surveys and affidavits are admissible in administrative and -:dicial proceedings for the pvuposes of such verification.. (c)Housing shall not fail to be considered housing for older persons if: 1. A person who resides in such housing on or afrer 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 amore units are unoccupied,provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements ofthis sLbsection. (d)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 fine exemption under this subsection relating to housing for olderpersons.Forpurposes of this paragraph,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. (e)A facility or community claiming an exemption under this subsection shall register with the commission and submit a letter to the commission stating that the facility or community complies with the requirements of subparagraph(b)1.,subparagraph (b)2., or subparagraph (b)3, The letter shall be submitted on the letterhead of the facility or community and shall be signed by the president of the facility or comm.mity.This registration and documentation shall be renewed biennially from the date of original filing. The information in the registry shall be made available to the public, and the commission shall include this information on an Interne!website. The commission may establish a reasonable registration fee,not to exceed$20, that shall be deposited into the commission's trust fund to defray the administrative costs associated with maintaining the registry. The commission may impose an administrative line, not to exceed $500, on a facility or community that knowingly submits false information in the documentation required by this paragraph. Such fines shat;be deposited in the commission's trust find.The registration and documentation required by this paragraph shall not substitute for proof of compliance with the requirements o:this subsection. Failure to co_nply with the requirements of this paragraph shall not disqualify a facility or community that otherwise cualifes for the exemption provided in this subsection. A county or municipal ordinance regarding housing for older persons may not contravene the provisions of this subsection. (5)Nothing in ss.760.20-760.37: (a) 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. (b)Limits the applicability of any reasonable lova:restriction regarding the maximum number of occupants permitted to occupy a dwelling. (c)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. (d)Prohibits conduct against a person becaase such person has been convicted by&ny court of competent jurisdiction of the illegal manufacture or distribution of a.controlled substance as defined under chapter 893. Credits Laws 1984,c. 84-1:7,§ 5,added subsec, (3);Laws 1983,c. 83-221, §§4,8;Laws 1984,c.84-117,§ 5;Laws 1989,c. 89-321, § 5; Laws 1990, c. 90-275, § 18; Laws 1996, c. 96-191, § 1. Amended by Laws 1997, c. 97-102, § 1792, eff. July 1, 1997; Laws 1999, c. 99-348, § 1, eff. Juno 11, 1999;Laws 2001,c.2001-143, §4,eff. Oct. 1,2001; Laws 2003,c.2003-164, § 59, eff.July 1.,2003. Notos ofDccisions(1) West's F.S.A. §760.29,FL ST§ 760.29 Current with chapters from the 2015 1 st Reg. Sess. of the 24th Legislature in effect through May 22,2015 IXest's Florida Statutes Annotated Title XLIV.Civil Rights (Chapters 760-765) i Chapter 76o. Discrimination in th.,'Treatment of Persons; Minority Representation(Reis&lnnos) I Part It.Fair Housing Act West's F,S.A. §760.30 76o.3o.Administration o:ss.76o.20-760.37 Currentness (1)The authority and responsibility for administering ss. 760.20-760.37 is in the commission. (2) The commission may delegate any of its functions, duties, and powers to its employees, 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 ss. 760.20-760.37, �reaits Laws 1983,c. 83-2215 § 9. West's F.S.A. § 760.30,FL ST§760.30 Current with chapters from the 2015 1 st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-766) Chapter 760. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part II. lair Housing Act West's F.S.A. §760.31 760.31. Powers and duties of commission Effective: October 1,2001 Currentness The commission shall; (1)Make studies with respect to the nature and extent of discrimineory housing practices in representative urban, suburban, and rural communities throughout the state. (2)Publish and disseminate reports,recommendations,and information derived from such studies. (3)Cooperate with and render technical assistance to public or private agencies,organizations,and institutions within the state which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices. (4) Administer the programs and activities relating to housing in a. manner affirmatively to further the policies of ss. 760.20-760.37. (5)Adopt rules necessary to implement ss. 760.20-760.37 and govern the proceedings of the commission in accordance with chapter 120.Commission rules shall clarify terms used wiIh regard to handicapped accessibility,exceptions from accessibility requirements based on terrain or site characteristics, and requirements related to housing for older persons. Commission rules shall specify the fee and the forms and procedures to be used for the registration required by s.760.29(42)(e). Credits Laws 1983,c. 83-221,§ 9;Laws 1989,c. 89-321,§ 6.Amended by Laws 2001,c.2001-143, § 5,eff.Oct. 1,2001. West's F. S.A. § 760.3 1,FL ST§ 760.31 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,20:5 West's Florida Statutes Annotated Tale XLIV.Civil Rights(Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Rapresentation(Refs&Annos) Part II.Fair Housing Act West`s F.S.A.§766.32 760.32.Investigations;subpoenas;oaths Currentness (1)In conducting an investigation,the commission shall have access at al?reasonable times to premises,records,documents, individuals,and other evidence or possible sources of evidence and may examine,record,and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation,provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures.The commission.may issue subpoenas to compel its access to or the production of such materials or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court.The commission may administer oaths. (2) Upon written application to the commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself.A subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at her or his request. (3)Within 5 days after service of a subpoena upon any person,such person may petition the commission to revoke or modify the subpoena. The commission shall gran: 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 no.relate to any matter under investigation,that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason, (4)In case of refusal to obey a subpoena,the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides,was served, or transacts business. (5)Witnesses summoned by subpoena of the commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in court.Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent. Credits Laws :983,c. 83-221, § 9.Amended by Laws 1997,c. 97-102, § 1141,eff.July 1, 1997. West's F. S.A. § 760.32,FL ST§ 760.32 Cui:ent with chapters from the 2015 1st Reg. Sess. of the 241th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-765) Chap cer 76o. Discrimination in.the Treatment of Persons;Minority Representradon(Refs.�c Annos) Part II.Fair Housing Act West's F.S.A. §76o.34 76o.34.Enforcement Effective:July i,2013 Currentness (1) Any person who claims to have beep.iriured 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 play file a complaint with the commission..Complaints shall be in writing and shall contain such information and be in such form as the commission requires.Upon receipt of such a complaint, the commission shall furnish a copy to the person or persons who allegedly committed the discriminatory housing practice or are about to commit the alleged discriminatory housing practice, Within 100 days after receiving a complaint, or within 100 days after the expiration of any period of reference under subsection (3), the commission shall investigate the complaint and give notice in writing to the person aggrieved whether it intends to resolvc?t.If the cor-unission decides to resolve the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under ss.760.20-760.37 without the written consent of the persons concerned. Any employee of the commission who makes public any information in violation of this provision is guilty of a misdemeanor of the first degree,pu ishable as provided in s.775.082 or s. 775.083. (2)A complaint under subsection(1)must be filed within 1 year after the alleged discriminatory housing practice occurred.The complaint must be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. A complaint may be reasonably and fairly amended at any time.A respondent may file an answer to the complaint against him or her and,with the leave of the commission,which shall be granted whenever it would be reasonable and fair to do so,may amend his or her answer at any time. Both complaint and answer shall be verified. (3) Wherever a. local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in ss. 760.20-760.37,the commission shall notify the appropriate lora! agency of any complaint filed under ss. 760.20-760.37 which appears to constitute a violation of the local fair housing law,and the commission shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days from the date the alleged offense was brought to his or her attention,commenced proceedings in the matter.In no event shall the commission take further action unless it certifies that in its judgment,under the circumstances of the particular case,the protection of the rights of the parties or the interests of justice require such action. (4) I'll within 180 days after a complaint is filed with +3he commission or within 180 days after expiration of any period of reference under subsection (3), the commission has 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 mired in the complaint or petition for an administrative determination pursuant to s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37, If as a result of its investigation under subsection(l),the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred,a.the request of the person aggrieved,the Attorney General may bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of ss.760.20-760,37. (5)In any proceeding brought pursuant to this section or s. 760,35,the burden of proof is on the complainant. (6) Whenever an action filed in court pursuant to this section or s. 760.35 cones to trial, the commission shall immediately terminate al; efforts to obtain voluntary cOn-ipliance. (7)(a)The commission may instiWte a.civil action in any appropriate court if it is unable to obtain voluntary compliance with ss. 760.20-760.37.The commission need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. (b)The court may impose the following fines for each violation of ss.760.20-760.37: 1. Up to$10,000,if the respondent has not previously been found guilty of a violation of ss. 760.20-760.37. 2.Up to$25,000,if the respondent has beep.found guilty of one prior violation of ss.760.20-760,37 within the preceding 5 years. 3.Up to$50,000,if the respondent has been found guilty of two or more violations of ss. 760.20-760.37 within the preceding 7 years, In imposing a fine under this paragraph, the court shall consider the nature and circumstances of the violation, the degree of culpability,the history of prior violations of ss. 760.20-760.37, (lie financial circumstances of the respondent,and the goal of deterring future violations of ss. 760.20-760.37. (c)The court shall award reasonable attorney's fees and costs to the commission in any action in which the commission prevails. (8)Any local agency certified as substantially equivalent may institute a civil action in any appropriate court,including circuit court, ;fit is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action.—.he court may impose f nes as provided ir.the local fair housing law. Credits Laws 1983,c. 83-221, §§ 9, 10; L-ws 1.989,c. 89-321,§ 7; Laws 1994,c. 94-91, § 2; Laws 1.996,c.96-406,§ 418.Amended by Laws 1997,c.97-102,§ 1793,eff:.luly 1, 1997; Laws 2013,c. 2013-207, § 8, off,July 1,2013. Notes of Decisions(1) West's F, S.A. §760.34,FL ST§ 760.34 Current with chanters from the 20"_5 1st Reg. Sess, ofthe 24th Legislature in effect through May 22„2015 1' ! i j West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Represent tion(Refs&,mnos) Part II,fair Housing Act West's F.S.A. §76o.35 760.35.Civil actions and relief;administrative procedures Currentness (1) A civil action shall be commenced no later than 2 years after an alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought pursuant to this section or s. 760.34 from time to time before bringing it to trial if the court be'.ieves 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,enctimbrance,or rental consummated prior to the issuance of any court order issued under the authority of ss.760.20-760.37 and involving a bora fide purchaser,encumbrancer,or tenant without actual notice of the existence of the filing of a complaint or civi?action under the provisions of ss.76VO-760.37 shall not be affected. (2) 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's fees and costs. (3)(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: :.The commission may institute an administrative proceeding under chapter 120;or 2. The person aggrieved may request administrative relief under chapter 120 within 30 days after receiving notice that the commission has concluded its investigation under s. 760.34. (o)Administrative hearings shall be conducted pursuant to 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 da,:,ages and reasonable attorney's fees and costs.The comi�.ission 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^nal order by the commission.nay 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 pursuant to s. 1.20.68.Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this st:bsection. Uniess specifically ordered by the coart,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. Credits Laws 1983, c. 83-22:, § 11; Laws 1989,c. 89-321, § 8; LiNvs 1996, c. 96-4 11, § 303.Amended by Laws 1997, c. 97-102. 1794,eff.July 1, 1997. Notes of©e,;isions(3) Wes' F.S,A. § 760.3 5,FL ST§ 760.35 Current with chapters from the 2015 ;st Reg. Sess. of the 24th Legislature in effect through May 22,2015 -4 West's Florida Statutes Armotated Title XLIV.Civil Rights(Chapters 76o-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part 17.Fair Housing Act West's F.S.A. §760.36 760.36.Conciliation agreements Currentness Any conciliation agreement arising out of conciliation efforts by the Florida Commission on Human Relations pursuant to the Fair Housing Act must be agreed to by the respondent and the complainant and is subject to the approval of the commission. Notwithstanding the provisions of s. 760.11(11)and (12), each conciliation agreement arising out of a complaint filed under the Fair Housing Act shall be made public unless the complainant and the respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the Florida Pair Housing Act. Credits Laws 1990,c.90-275, § 19;Laws 1992,c. 92-177, § 9; laws 1994,c. 94-91, § 3;Laws 1996,c.96-406,§419. West's F. S.A. § 760.36,FL ST§ 760.36 Current with chapters from the 2015 1st Reg. Sess. of the 241h Legislature in effect through May 22,2015 West's Florida Statutes Annotated I Title XLIV. Civil Rights(Chapters 760-766) Chapter 76o.Discrimination in the Treatment of Persons;Minoriiy Representation(Refs Annos) Paft II.Fair Housing Act West's F.S.A.§760.37 760.37•Interference,coercion,or intimidation;eiiforcement by administrative or civil action Currentness It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of,or on account of her or his having exercised, or on account of her or his having aided or encouraged any other person in the exercise of any right granted under ss. 760.20-760,37.This section may be enforced by appropriate administrative or civi action. Credits Laws 1983,c. 83-221, § 12;Laws 1989,v. 89-321, §9.Amended by Laws 1997,c.97-102, § 1142,eff.July 1, 1997 West's F.S.A. § 760.37,FL ST§ 760.37 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 GITYoF.rl�€xar seacH.Fi=oalrra . —--- --- ------ NOTICE OF PUBLIC HEARING A PUBLIC HEARING wd€oe:held on the folidwing proposed ordinagces on TUES- DAY,JULY 7;2015. at 7:00 p-m or at anyr continUation-of such mean g:which;)s sei by the Commissioh),ih th0 orrImission`: Chambers,100 N.W.1st Avenue,:pelray:_': Beach,Florida,at which time the City SUN-SENTINEL Commission will consider their adop- tion.The proposed ordinance may be. Published Daily inspected at the office of the City.Clerk: Fort Lauderdale,Broward County,Florida at City Hail;100 N.W.1 $:DO Avenue,Delray 3' Beach,Florida,between 8:00 a.m.and Boca Raton,Palm Beach County,Florida 5:bo p.m.,Monday through Friday except holidays: Interested parties are invited.to Miami,Miami-Dade County,Florida attend and be heard with respect to the proposed ordinances. STATE OF FLORIDA ORDINANCE N0.12-15 j i AN ORDINANCE OF THE CITY COMMIS- SION OF THE CIN OF DELRAY BEACH;, COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADS FLORIDA ADOPTING ASMALL-SCALE FUTURE LAND-USE MAP AMENDMENT FROM MD(MEDIUM DENSITY RESIDEW TIAL:S-12 DU/A T :. Before the undersigned authority personally appeared CORE},PURSUANTTG THE PROVISION.S - BETTY ARMAND, who on oath says that he or she is a duly authorized representative of the SUN- 01 RSUESSECTIONIDA ATT163.3181;: SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACII/MIAMI-DADE County, OF swsrDHAVENUL,°3 THE WEST Florida;that the attached copy of advertisement,being a Legal Notice in: OF WEST ATLANTIC AVENUE,AND LAND LOCATED ON THE EAST SIDE OF SW 7TH AVENUE,365 FEET SOUTH OF WEST AT �.' LANTIC AVENUE,AS MORE PARTICULARLY The matter of 11720-Notice Of Public Meeting DESCRIBED HEREINI REZONING AND PLACING SAIDMND.PRESENTLY ZONED: RM(MEDIUMDENSITY RESIDENTIAL) Cit of Delray Beach D€STRICTTO CRO(CENTRAL BUSINESS] City Y DISTRICT;AMENDING"ZONING MAP OF Friday DELRAY BEACH;FLORIDA,FEBRUARY 2015%.PROVOING A GENERAL REPEALER 06/26/2015 CLAUSE,A SAVING CLAUSE;AND AN EF- FECTIVE DATE: Tuesday,July 7, 2015 at 7:00 p.m. .:ORDINANCE N0.13-15 Was published in said newspaper in the issues of; Jun 26,2015 AN OF oFrHE LRCITA commis 1) 530N OF THE CITY OF DELRAY BEACH, FLORIDA;AMENDING.THE:LAND.DEVEL- OPMENT REGULATIONS OF.THE CITY OF 3372577 DELRAY BEACH,FLORIDA,BY AMENDING SUBSECTION.4.5:.1{E)(6);,"RELOCATION;`. TO ESTABLISH REGULATIONS ANP GUIDE LINES REGARDING THE RELOCATION OF Affiant further says that the said SUN-SENTINEL is a newspaper published in said BUILDINGS OR STRUCTURES WITHIN,To, BROWARD/PALM BEACH/MIAMI-DADE Count Florida, and that the said newspaper has OR FROM HISTORIC DISTRICTS OR SITES County, BY ENACTING SECTION 7:10 11; HISTDR heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, ICSTRUCTURER'TOFS€oN13HA STOR Florida,each day and has been entered as second class matter at the post office in BROWARD TO PROVIDE FOR FORFEITURE Or SAME FOR FAILURETO SUCCESSFULLY RELO. County,Florida,for a period of one year next preceding the first publication of the attached copy of CATEA HISTORIC STRUCTURE PROVIDING A SAVING CLAUSE,A GENERAL REPEALER advertisement; and affiant further says that he or she has neither paid nor promised, any person,firm CLAUSE,AND AN EFFECTIVE DATE. or corporation, any discount,rebate,commission or refund,for the purpose of securing this ORDINANCEN0.1415 adver A Ment for pub^n in the said newspaper. AN ORDINANCE OF THE CITY COMMIS SION OF THE CITY OF DELRAY BEACH',: FLORIDA,AMENDING.THE LAND DEVEL- OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,FLORIDA;BY REPEALING:: SUBSECTION 4.5.1(E)(7),"DEMOLITION"'. BY RENAMING AND AMENDING SU.BSEC signature of A ant TION 4.5:1(1`);"RESTRICTIONS ON'DEMOLI TIONS,"TO S to and subscribed before me this: June 26,2015. GUIDELINES AMEND A DINGREGTHE DEMNS AND GUIDELINES REGARDING THE DEMOLITION OF HISTORIC STRUCTURES;TO (/`_! - REQUIRE THE SUBMISSION OFA➢EMOLI �C. TION PI:^TO REQUIRE THAT PROPERTY ! OWNERS APPLYING FOR.DEMOLITION:..,:: _ Si nq- vp� of T PERMITS TAKE CERTAIN STEPS TODOCU y� r`Y a` �� VENT,SALVAGE,AND RECORD HISTORIC >w. STRUCTURES;TO ESTABLISH ADDITIONAL MY COMMISSION fT FF2i19�J4 -� REQUIREMENTS FOR DEMOLITION OF:. I "�y�Pyis • EXPIf2ESMarch19,2D18 MORE THAN 25 PERCENT OFACONTRIB UTING OR INDIVIDUALLY DESIGNATED (d[}'/j3hiFt•0'!Gi FInn6IN0111? P-1Cc Co• STRUCTURE;BYAMENDINGSUBSE£ 71ON 4.5.1(G),"UNSAFE,BUILDINGS,"TO - REQUIRE THE CHIEFBUILDINGOFFICIAL! Name of Notary,Typed,Printed,or Stamped TO PROVIDE THE HISTORIC PRESERVA- TION BOARD WITH DOCUMENTATION_ Personally Known(X)or Produced Identification O REGARDING ANY STRUCTURE WITHIN` A DESIGNATED:HISTORIC SITE OR DES- IGNATED HISTORIC DISTRICT THAT 15 UNSAFE;PROVIDING A SAVING CLAUSE;':;'_t., A GENERAL REPEALER CLAUSE AND AN. EFFECTIVE DATE I ORDINANCE N0.15-1.5. AN ORDINANCE OF THE CITY COMMIS- SION OF THE CITY OF DELRAY BEACH, FLORIDA;AMENDING THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF.,... ORDINANCES BY AMENDING.SECTION 4.7,"FAMILYLNIORKFORCE HOUSING=':70 PROVIDE THE CITY COMMISSION WITH y THF DISCRETION TO DETERMINE THE: MOST APPROPRIATE MEANS OF MEFTING THE WORKFORCE HOUSING REQUIRE.- MENT FOR EACH APPLICANT,'PROVIDING THAT THE APPLICANT MUSTELECTTHE`"` PREFERRED-OPTION:.OR MEETING THE Or& WORKFORCE HOUSING REQUIREMENT AT THE TIME OF APPLICATION FOR CON, DITIONAL USE APPROVAL;PROVIDINGA.';.:: SAVING CLAUSE,A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE ORDINANCE NO.17-15 a`SOUTf 1 f=f ORfQA SUNSENTfNEL m Sl1NSEfVTfIEL.COM , Friday, Ju�1e 26,:2015. W- 0 K_ -CITY 00 DE[RAY BEACH FLORIDA NOTICE OF PUBLIC}HEARING A PUBLIC HEARING will be held 0n the fc116wmg proposetl Ordln&Hees onTUES DAY,JULY 7,2015 at 7.00 p..M or at anY. continuation of'such meeting. it. is set ::by the COmmission),in theC6mmissior Cumbers'100 N.W.1stAyenue Delray; Beach,Florida,at which time tha Cty Co nmiSsjon.wiII considerfh6.r od0p- tion.The prep oeedordtnancemaybe inspected at tire Offlce o4 the 010 1M at City Hal),100 N W.15tAuenue,Delray ORDINANCE NO;1:5,15 Beach Flonda between 8:00 a m,and ANORDINANGERF THFn C!'F'Y COh/MIS S:oo p m Mo,iday thrOUgh Friday except 514N OF THE CITY OF.DELRAY BEACi. _', Holidays. Intehested parties are InUiteo t0� FLORIDA,AMENDING THE:LAND DEVELOP- attend and be:heard with respect to the MENT REGULATIONSOFT . HE CODE OF 'proposed ordinances. ORDINANCES,BY AMENDING SECTION '. ORDINANCE N0.12-15 4.7;:"rAMILYMORKFORCE:NOUS€NG"Tf)' ... .... PROVIDE THE GITY COMMISSION.WITl4. THE DISCRETION TO DETERMIE THF .'" AN ORDINANCE OF THE CITY COMMIS- : MOS TAPPROPMA.TE MEANSO.F MEETING SION OFTHE.CITY OF DELRAY BFACH; THE WORKFORCE HOUSING REQUIRE- FLORIDA ADOPTING A SiNP.LL"SCALL: MENT FOR EACH APPLICANT;PROVIDING - -.FUTURELANQUSEMAPAMENDNIk'.NF -THATTHE-APPLICANT:MUST FLECT.THE FROM MD(MEDIUM DEN5ITY RESIDEN PREFERRED.OI:."f30N OR ME£TINQ'THE TIAL 5-12 DUMC)TO CC(COMMERCIAL WORKFORCE HOUSING.:REQUIREMENT CORE),PURSUANT TO-THE PROVISIONS AT.THE TIME OF'-APPLICATION FOR CON_. OF THE"COMMUNITY PLANNING ACT", D.MON AL USE.APPROVAL,.PROVIDING A: FLORIDA STATUTES SECTION,�63,31ff7, SAVING CCAU.SE,A GENERAL REPEALER-'' FOR.LANDLQCATEDONT.HEWESTSIDE CIAUSEANDANEFFECTIVEDATE. QFSW&H'AVENUE,334FEETSOtLTH, .'. OF WEST ATLANTIC AVENUE,AND LAND ORDINANCE N0.17-15 LOCATED ON:THE.EASTSIDE OF SW 7TH:. AVENUE;365FEETSOUTH OF WEST AT AN THE CITY COMM€S- LANTIC AVENUE,AS MORE PARTICULARLY TION OF THE CITY QF DELRAY BEACH, -: DESCRIBED:HEREIN,AND;REZONINGAND: FLORIDA,AMENDINGTITLE�:1"GENERAL': PLACING SAID'LAND PRESENTLY ZONED OFFENSES",OF-.THE CODE:OF OR01-. RM(MEDIUM DENSITY RE%DFNTkAL)..:. NANCES OF THE CITY OF DELRAY BEACH,: DISTRICT;7QCBD(CENTRAL BU$IN£SS) 3Y-'CREATINGA. NEW'5ECf10N137,,"CIVIL:- DISTRICT;:AMENDING"ZONINGMAP OFIRIGHTS°,:PROVIDING FOR.NON-DfSCRII DELRAY BEACH,FLORIDA,FEBRUARY fN.4TIQN WITHIN.THE CITY;PROVIDING A.: 2015;PRMIDING A GENERAL REPEALER;: GENERAL REPEALER CLAUSE;SAVING CLAUSE,A.SAVING CLAUSE AND AN'EF-> CLAUSE AND;AN EFFECTIVE RATE.. FECTtVE-OiATE. Please ce advised that If a person decides ORDINANCE.NQ.13-15 to appeal anydocislOn made by the.City:: Cornmissl0n with respect to any matter AN ORDINANCE OF THE.CITY COMMIS- Considered at this hearing,such person SION OF ME CITY OFDELRAY BEACH may heed t0 ensure that a verbatim rE- FLORIDA;AMENDING.THELAND DEVEL cord lrclUde..s.the.testimony.andevidence,. OPMENTREGULATIONSOF THECITY.Or._< upon whichthe.appeal isto;be based: DEBEACH; BY AMENDING` THe;CitydoesRotprovideiiorprepare SUBSECTION 4.5.1(E)(6V'RELOCATION; r SUCK record pur5uant to F.S 286.0105.::: TO ESTABLISHREGULATIONSANDGUIDE- ; LINES REGARDING THE RELOCA710N OF CITY OF DFLRAYBEACH BU IL D GSORSTRUCTUR£SW€THIFI,TO, Chevalfe;D;,NUh(t7 MMC ORFROMNI570RICDIS 7RICTSORSkTES; CityClerk BY ENA"NG SECTION 7 10.11,"HISTOR 04/26/2415 fC STRUCTURES,"TO ESTABLISH A.HISTOR IC STRUCTURE RELOCATION BOND,AND TO PROVIDE FOR FORFEITURE OFSAME FOR FAILURL70 SUCCFSSFULLY RELO CATE A=HISTORIC STRUCTURE;PRDVIDING A SAVING CLAUSE,A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE;. ORDINANCENG 14-15 AN ORDINANCE OFTHE CITY COMMIS SIGN OFTHE CITY OF DELRAY BFACH FLORIDA,.AMENDINGTHE LAND DEVEL OPMENT REGULATIONS.OF,THECITY QF DELRAY.BEACH,FLORIDA BY REPEALING SUBSECTION 4.511(F)(711 DEMOLITION BY RENAMING AND AMENDING:$UBSEC TION 4.5.1(F)°RESTRICTIONS ON DEMOLI TIONS;`TO AMEND REGULATIONS AND GUIDELINES REGARDING THE DEMOLITION OF HISTORIC STRUCTURES TO REQUIRETHE SUR MISSION OF A DEMOLI- TION PLAN,TO REQUIRE THAT PROPERTY OWNERS APPLYING FOR DEMOLITION PERMITS:TAKE CERTAIN STEPS TO ROCU MENT,-SALVAGE,AND RECORD HISTORIC STRUCTURES;TO ESTABLISH ADDITIONAL REQUIREMENTS FOR DEMOLMOR OF MORE THAN 25 PERCENT OFA CONTR€B- UTNG OR INDIVIDUALLY DESIGNATED STRUCTURE,BY AMENDING SUBSEC- TION 4.5.1(G);."UNSAFE BUILDINGS,.TO._ REQUIRE THE CHILE BUILDING OFFICIAL TO PROVIDE THE HISTORIC PRESFRVA TION BOARD WITH.DOCUMENTATION REGARDING ANY STRUCTUREWITHIN A DESIGNATED HISTORIC SITE OR DES IGNATED HISTORIC.D&RICTTHAT IS UNSAFE FROVIDfNGASAVVNGC.1AUSE A GENERAL REPEALER.CLAUS£AND AN. EFFEI DATE