Florida Statutes
Fla. Stat. § 760.34 (2025)
Enforcement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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760.34 Enforcement.—
(1) Any person who claims to have been injured 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 may file a complaint with the commission. Complaints shall be in writing and 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 aggrieved person whether it intends to resolve it. If the commission 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, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who files a complaint under subsection (1) must do so 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 the complaint and the answer must be verified.
(3) If 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 local 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 after 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) The aggrieved person may commence a civil action in any appropriate court against the respondent named in the complaint or petition for an administrative determination under s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37 and is not required to petition for an administrative hearing or exhaust administrative remedies before commencing such action. If, as a result of its investigation under subsection (1), the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the aggrieved person, the Attorney General may bring an action in the name of the state on behalf of the aggrieved person to enforce ss. 760.20-760.37.
(5) In any proceeding brought under this section or s. 760.35, the burden of proof is on the complainant.
(6) If an action filed in court under this section or s. 760.35 comes to trial, the commission shall immediately terminate all efforts to obtain voluntary compliance.
(7)(a) The commission may institute a civil action in any appropriate court if it is unable to obtain voluntary compliance with ss. 760.20-760.37. The commission does not have to petition for an administrative hearing or exhaust its administrative remedies before 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 been 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, the 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 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, if it is unable to obtain voluntary compliance with the local fair housing law. The agency does not have to petition for an administrative hearing or exhaust its administrative remedies before bringing a civil action. The court may impose fines as provided in the local fair housing law.
History.—ss. 9, 10, ch. 83-221; s. 7, ch. 89-321; s. 2, ch. 94-91; s. 418, ch. 96-406; s. 1793, ch. 97-102; s. 8, ch. 2013-207; s. 4, ch. 2020-164.
Arrestable Offenses under F.S. 760.34
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§760.34INVADE PRIVACYHRC EMP DISCLOSE DISCRIM HOUSING COMPL INFO
Notes of Decisions
Cited in 8
cases, 1995–2019 · leading case: Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016).
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
Noah v. Assor, 379 F. Supp. 3d 1284 (S.D. Fla. 2019). “" Fla. Stat. § 760.34 (1). Furthermore, the Florida Fair Housing Act "is patterned after the [Fair Housing Act] and courts have recognized that it is to be construed consistently with federal law.”
Belletete v. Halford, 886 So. 2d 308 (Fla. 4th DCA 2004). “" § 760.34(1), Fla. Stat. The trial court did not err by granting summary judgment on Belletete's FHA claims in Counts I and II because the claims were barred by the doctrine of exhaustion of administrative remedies.”
Angela Tagliaferri v. Winter Park Hous. Auth., 486 F. App'x 771 (11th Cir. 2012). “See Fla. Stat. § 760.34 . Tagliaferri and Stephens never requested that the district court await the outcome of the investigation before issuing its decision.”
Sun Harbor Homeowners' Ass'n v. Bonura, 95 So. 3d 262 (Fla. 4th DCA 2012). “4th DCA 2004); see also §§ 760.34-.35, Fla. Stat. (2009). Focusing our analysis on the original final judgment, we review the trial court’s decision on Bonura’s counterclaim with respect to the Federal Act to determine whether it is supported by competent, substantial evidence.”
Clay v. IH4 Prop. Florida, L.P. (M.D. Fla. 2019). “Failure to Exhaust (Florida Fair Housing Act claim – Count II Defendants additionally argue that plaintiffs have failed allege that they complied with the statutory conciliation process set forth at Fla. Stat. § 760.34 prior to filing suit; therefore, this Court lacks subject…”
Tagliaferri v. Cambridge Mgmt. Servs., Inc., 107 So. 3d 1184 (Fla. 5th DCA 2013). “See § 760.34(4), Fla. Stat.(2011) (providing that person aggrieved by discriminatory practice may commence civil action in any appropriate court or petition for administrative determination to enforce fair housing rights).”
Honig v. Florida Comm'n on Human Relations, 659 So. 2d 1236 (Fla. 5th DCA 1995). “Section 760.34, Florida Statutes (1991), provides that a person aggrieved by a discriminatory housing practice may file a complaint with the Commission.”
— 760.34(1) — 2 cases
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
Belletete v. Halford, 886 So. 2d 308 (Fla. 4th DCA 2004). “" § 760.34(1), Fla. Stat. The trial court did not err by granting summary judgment on Belletete's FHA claims in Counts I and II because the claims were barred by the doctrine of exhaustion of administrative remedies.”
— 760.34(3) — 1 case
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
— 760.34(4) — 2 cases
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
Tagliaferri v. Cambridge Mgmt. Servs., Inc., 107 So. 3d 1184 (Fla. 5th DCA 2013). “See § 760.34(4), Fla. Stat.(2011) (providing that person aggrieved by discriminatory practice may commence civil action in any appropriate court or petition for administrative determination to enforce fair housing rights).”
— 760.34(6) — 1 case
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
— 760.34(7)(a) — 1 case
Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “§ 760.34((7)(a). To hold, as HOPE would have us do, that the prescribed administrative process and a civil action may run concurrently would render meaningless subsection (4) of the “Enforcement” section of the law‒a judicially interpretive “no-no” under the principle that a…”
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