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Florida Statute 760.23 - Full Text and Legal Analysis
Florida Statute 760.23 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS
Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION
View Entire Chapter
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
(c) Any person associated with the buyer or renter.
(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
(c) Any person associated with the buyer or renter.
(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.
(c) All premises within such dwellings contain the following features of adaptive design:
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 CourtListener

Amendments to 760.23


Annotations, Discussions, Cases:

Cases Citing Statute 760.23

Total Results: 13

Nicole Loren v. Charles M. Sasser, Jr.

309 F.3d 1296, 53 Fed. R. Serv. 3d 1319, 2002 U.S. App. LEXIS 21685

Court of Appeals for the Eleventh Circuit | Filed: Oct 17, 2002 | Docket: 212829

Cited 324 times | Published

3604(f)(3)(A) & (B) (emphasis added); Fla. Stat. § 760.23(9)(a) & (b) (identical statutory wording)

Ajit Bhogaita v. Altamonte Heights Condominium Assn., Inc.

765 F.3d 1277, 2014 U.S. App. LEXIS 16570, 2014 WL 4215853

Court of Appeals for the Eleventh Circuit | Filed: Aug 27, 2014 | Docket: 1166722

Cited 160 times | Published

U.S.C. § 3604(f)(3)(b) (“FHA”) and Fla. Stat. § 760.23(9)(b), respectively, when it enforced its pet

State v. Stalder

630 So. 2d 1072, 1994 WL 19548

Supreme Court of Florida | Filed: Jan 27, 1994 | Docket: 1519588

Cited 55 times | Published

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

Woodside Village Condominium Association, Inc. v. Jahren

806 So. 2d 452, 27 Fla. L. Weekly Supp. 34, 2002 Fla. LEXIS 1, 2002 WL 5483

Supreme Court of Florida | Filed: Jan 3, 2002 | Docket: 1341137

Cited 22 times | Published

As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit

Dornbach v. Holley

854 So. 2d 211, 2002 WL 31875013

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1459986

Cited 11 times | Published

In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate

Gourlay v. Forest Lake Estates Civic Ass'n

276 F. Supp. 2d 1222, 2003 U.S. Dist. LEXIS 14145, 2003 WL 21960021

District Court, M.D. Florida | Filed: Aug 8, 2003 | Docket: 2278985

Cited 6 times | Published

Plaintiffs under 42 U.S.C. § 3604(a) or Fla. Stat. § 760.23(1).[18] *1233 B. INTERPRETATION OF SECTION 3604(b)

Belletete v. Halford

886 So. 2d 308, 2004 WL 2534244

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1721204

Cited 5 times | Published

deal with the FHA, including section 760.35. Section 760.23 provides: It is unlawful to refuse to sell

Fair Housing Center of the Greater Palm Beaches, Inc. v. Sonoma Bay Community Homeowners Ass'n, Inc.

141 F. Supp. 3d 1321, 2015 U.S. Dist. LEXIS 136250, 2015 WL 5737350

District Court, S.D. Florida | Filed: Oct 1, 2015 | Docket: 64305050

Cited 4 times | Published

Requirement violates 42 U.S.C. § 3604(a) and Fla. Stat. § 760.23(1) because, they argue, it amounts to a refusal

Noah v. Assor

379 F. Supp. 3d 1284

District Court, S.D. Florida | Filed: Mar 8, 2019 | Docket: 64324363

Cited 3 times | Published

Stat. § 760.23(3) ; (4) in Count IV, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23(2) ;

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

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

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555832

Cited 1 times | Published

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

Elliott v. Sherwood Manor Mobile Home Park

947 F. Supp. 1574, 1996 U.S. Dist. LEXIS 17606, 1996 WL 683611

District Court, M.D. Florida | Filed: Nov 25, 1996 | Docket: 1013799

Cited 1 times | Published

because of a handicap of that ... renter." Fla.Stat. § 760.23(8). The discrimination covered under this section

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

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

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265478

Published

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

Ajit Bhogaita v. Altamonte Heights Condominium Assn., Inc.

Court of Appeals for the Eleventh Circuit | Filed: Aug 27, 2014 | Docket: 1149899

Published

U.S.C. § 3604(f)(3)(b) (“FHA”) and Fla. Stat. § 760.23(9)(b), respectively, when it enforced its pet