Florida Statute 760.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.23

760.23 Discrimination in the sale or rental of housing and other prohibited practices.—

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

(5) It is 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, disability, familial status, or religion.

(6) The protections afforded under ss. 760.20-760.37 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 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

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

(9) For purposes of subsections (7) and (8), discrimination includes:

(a) A refusal to permit, at the expense of the 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; 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 constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by 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 persons with disabilities.

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

1. An accessible route into and through the dwelling.

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

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

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

(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 A117.1-1986, suffices to satisfy the requirements of paragraph (c).

State agencies with building 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.

History.—s. 5, ch. 83-221; s. 2, ch. 84-117; s. 2, ch. 89-321; s. 6, ch. 2020-76.

F.S. 760.23 on Google Scholar

F.S. 760.23 on Casetext

Amendments to 760.23

Arrestable Offenses / Crimes under Fla. Stat. 760.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.23.

Annotations, Discussions, Cases:

Cases Citing Statute 760.23

Total Results: 9

Harbour Pointe of Perdido Key Condominium Ass'n v. Henkel

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-13T00:00:00-07:00

Citation: 216 So. 3d 753, 2017 WL 1372669, 2017 Fla. App. LEXIS 5198

Snippet: required to pay. 42 U.S.C.A. § 3604(f)(3)(a) (2017); § 760.23(9), Fla. Stat. (2017). But he just wants to get

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: applicants in protected classes, in violation of section 760.23(3) of the Act. The latter two counts were buttressed

Belletete v. Halford

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-09T23:53:00-08:00

Citation: 886 So. 2d 308

Snippet: discrimination under Florida Statutes sections 760.23 and 760.35. Finally, Count III alleged negligent…with the FHA, including section 760.35. Section 760.23 provides: It is unlawful to refuse to sell or rent

Dornbach v. Holley

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T23:53:00-08:00

Citation: 854 So. 2d 211

Snippet: language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate…opportunity to use and enjoy a dwelling." § 760.23(9)(b). In considering the application of the Florida

Woodside Village Condominium Association, Inc. v. Jahren

Court: Fla. | Date Filed: 2002-01-02T23:53:00-08:00

Citation: 806 So. 2d 452

Snippet: noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit discrimination…person's handicap. For purposes of section 760.23(7) and (8),[8] pertaining to discrimination because…opportunity to use and enjoy a dwelling." § 760.23(9)(b), Fla. Stat. (2000). Thus, contrary to the…Amendment" is not in the record. [8] Section 760.23(7)-(8) provides: (7) It is unlawful to discriminate…Any person associated with the buyer or renter. § 760.23(7)-(8), Fla. Stat. (2000). Analogous federal provisions

Honig v. Florida Commission on Human Relations

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-25T00:00:00-07:00

Citation: 659 So. 2d 1236

Snippet: days of the alleged violation. Similarly, sections 760.23, 760.24, and 760.25 describe prohibited practices

State v. Stalder

Court: Fla. | Date Filed: 1994-01-26T23:53:00-08:00

Citation: 630 So. 2d 1072

Snippet: Jewish couple because of their ethnic background. § 760.23, Fla. Stat. (1991). [9] As noted in the majority

Godwin v. State

Court: Fla. | Date Filed: 1992-01-02T00:00:00-08:00

Citation: 593 So. 2d 211

Snippet: discrimination against such persons. E.g., §§ 760.22(7), 760.23, Fla. Stat. (1989) (housing discrimination); accord

Rigdon v. Belcher Towing Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-08-02T00:00:00-07:00

Citation: 435 So. 2d 939

Snippet: crew members. The Osceola, 189 U.S. 158, 47 L.Ed. 760, 23 S.Ct. 483, 47 L.Ed. 760 (1903). The Jones Act,