760.23
Discrimination in the sale or rental of housing and other prohibited practices.
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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.
Notes of Decisions
Cited in 28
cases (7 in the last 5 years), 1986–2026 · leading case: Noah v. Assor
Noah v. Assor (2019)
“37 ; (3) in Count III, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23 (3) ; (4) in Count IV, violation of the Florida Fair Housing Act, Fla.”
Woodside Village Condominium Association, Inc. v. Jahren (2002)
“As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit discrimination in the *464 sale or rental of a dwelling based on, among other things, a person's handicap.”
Gourlay v. Forest Lake Estates Civic Ass'n (2003)
“§ 3604 (a) or Fla. Stat. § 760.23 (1). 18 *1233 B. INTERPRETATION OF SECTION 3604(b) OF THE FHA Section 3604(b) makes it unlawful “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or…”
Fair Housing Center of the Greater Palm Beaches, Inc. v. Sonoma Bay Community Homeowners Ass'n, Inc. (2015)
“§ 3604 (a) and Fla. Stat. § 760.23 (1) because, they argue, it amounts to a refusal to rent, or a refusal to negotiate for the rental of, a dwelling on the basis of familial status.”
Hawn v. Shoreline Towers Phase 1 Condominium Ass'n (2009)
“§ 3604 ; Fla. Stat. § 760.23 , and intentional infliction of emotional distress, all stemming from Shoreline’s refusal to permit Hawn to have a service animal in his unit.”
Nicole Loren v. Charles M. Sasser, Jr. (2002)
“[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 .”
Ajit Bhogaita v. Altamonte Heights Condominium Assn., Inc. (2014)
“§ 3604 (f)(3)(b) (“FHA”) and Fla. Stat. § 760.23 (9)(b), respectively, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium.”
State v. Stalder (1994)
“§ 760.23, Fla. Stat. (1991). [9] As noted in the majority opinion, the title of section 775.”
Dornbach v. Holley (2002)
“In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate in the rental of or to "otherwise make unavailable" a dwelling because of the handicap of any person intending to reside in the dwelling after it is rented.”
Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc (2016)
“In two additional counts, HOPE claimed SPV Realty’s post- settlement rental practices violated the Florida Fair Housing Act, and SPV Realty provided false and inaccurate information to potential rental applicants in protected classes, in violation of section 760.23(3) of the…”
Eddy Jean Philippeaux v. Apartment Investment and Management Company (2015)
“§ 3604 (f)(3)(B); Fla. Stat. § 760.23 (9)(b). To establish a failure-to-accommodate claim, a plaintiff “must prove that (1) he is disabled within the meaning of the FHA, (2) he requested a reasonable accommodation, (3) the requested accommodation was necessary to afford him an…”
Elliott v. Sherwood Manor Mobile Home Park (1996)
“” Fla.Stat. § 760.23(8). The discrimination covered under this section of the Florida Fair Housing Act is the same discrimination prohibited under the Federal Fair Housing Act.”
— 760.23(1) — 2 cases
— 760.23(2) — 4 cases
Noah v. Assor (2019)
“37 ; (3) in Count III, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23 (3) ; (4) in Count IV, violation of the Florida Fair Housing Act, Fla.”
FOX v. GAINES (2022)
— 760.23(3) — 3 cases
Noah v. Assor (2019)
“37 ; (3) in Count III, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23 (3) ; (4) in Count IV, violation of the Florida Fair Housing Act, Fla.”
Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc (2016)
“In two additional counts, HOPE claimed SPV Realty’s post- settlement rental practices violated the Florida Fair Housing Act, and SPV Realty provided false and inaccurate information to potential rental applicants in protected classes, in violation of section 760.23(3) of the…”
Gourlay v. Forest Lake Estates Civic Ass'n (2003)
“§ 3604 (a) or Fla. Stat. § 760.23 (1). 18 *1233 B. INTERPRETATION OF SECTION 3604(b) OF THE FHA Section 3604(b) makes it unlawful “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or…”
— 760.23(4) — 1 case
— 760.23(7) — 1 case
Woodside Village Condominium Association, Inc. v. Jahren (2002)
“As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit discrimination in the *464 sale or rental of a dwelling based on, among other things, a person's handicap.”
— 760.23(7)(b) — 1 case
Dornbach v. Holley (2002)
“In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate in the rental of or to "otherwise make unavailable" a dwelling because of the handicap of any person intending to reside in the dwelling after it is rented.”
— 760.23(8) — 1 case
Elliott v. Sherwood Manor Mobile Home Park (1996)
“” Fla.Stat. § 760.23(8). The discrimination covered under this section of the Florida Fair Housing Act is the same discrimination prohibited under the Federal Fair Housing Act.”
— 760.23(9) — 2 cases
Elliott v. Sherwood Manor Mobile Home Park (1996)
“” Fla.Stat. § 760.23(8). The discrimination covered under this section of the Florida Fair Housing Act is the same discrimination prohibited under the Federal Fair Housing Act.”
— 760.23(9)(b) — 3 cases
Woodside Village Condominium Association, Inc. v. Jahren (2002)
“As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit discrimination in the *464 sale or rental of a dwelling based on, among other things, a person's handicap.”
Dornbach v. Holley (2002)
“In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate in the rental of or to "otherwise make unavailable" a dwelling because of the handicap of any person intending to reside in the dwelling after it is rented.”
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