Florida Statutes

Fla. Stat. § 760.35 (2025)

Civil actions and relief; administrative procedures.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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760.35 Civil actions and relief; administrative procedures.—

(1) An aggrieved person may commence a civil action no later than 2 years after an alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought under this section or s. 760.34 before bringing it to trial if the court believes 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, encumbrance, or rental consummated before the issuance of any court order issued under the authority of ss. 760.20-760.37 and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under ss. 760.20-760.37 is not affected.

(2) An aggrieved person may commence a civil action under this section regardless of whether a complaint has been filed under s. 760.34(1) and regardless of the status of any such complaint. If the commission has obtained a conciliation agreement with the consent of an aggrieved person under s. 760.36, the aggrieved person may not file any action under this section regarding the alleged discriminatory housing practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation agreement.

(3) An aggrieved person may not commence a civil action under this section regarding an alleged discriminatory housing practice if an administrative law judge has commenced a hearing on the record on the allegation.

(4) 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 fees and costs.

(5)(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:

1. The commission may institute an administrative proceeding under chapter 120; or

2. The aggrieved person may request administrative relief under chapter 120 within 30 days after receiving notice that the commission has concluded its investigation under s. 760.34.

(b) Administrative hearings shall be conducted under 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 damages and reasonable attorney fees and costs. The commission 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 final order by the commission may 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 under s. 120.68. Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this subsection. Unless specifically ordered by the court, 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.

History.—s. 11, ch. 83-221; s. 8, ch. 89-321; s. 303, ch. 96-410; s. 1794, ch. 97-102; s. 5, ch. 2020-164.

Notes of Decisions

Cited in 14 cases (7 in the last 5 years), 1989–2026 · leading case: Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016).

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Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). · cites it 6× “442 (2012) (proposing to amend section 760.35 to state that “[an] aggrieved person may commence a civil action under this section whether or not a complaint has been filed under s.”

Ranger Ins. Co. v. Bal Harbour Club, 549 So. 2d 1005 (Fla. 1989). · cites it 2× “§ 760.35, Fla. Stat. (1987). Based on the foregoing, we answer the certified question in the affirmative and quash the decision of the district court.”

Belletete v. Halford, 886 So. 2d 308 (Fla. 4th DCA 2004). · cites it 2× “As such, the trial court did not err in granting summary judgment to the extent that the count failed to state a legal basis for relief under the FCRA.”

Viering v. Florida Comm'n on Human Relations ex rel. Watson, 128 So. 3d 967 (Fla. 1st DCA 2013). · cites it 9× “595(5), Florida Statutes (2012), the authority upon which Ms. Viering relied in requesting attorney’s fees, was enacted.”

Fair Hous. Ctr. of the Greater Palm Beaches, Inc. v. Sonoma Bay Cmty. Homeowners Ass'n, Inc., 141 F. Supp. 3d 1321 (S.D. Fla. 2015). · cites it 2× “” See Fla. Stat. § 760.35 (2). . In Bonner v. Prichard, 661 F.”

Fair Hous. Ctr. of the Greater Palm Beaches, Inc. v. Sonoma Bay Cmty. Homeowners Ass'n, Inc., 136 F. Supp. 3d 1364 (S.D. Fla. 2015). · cites it 2× “” See Fla. Stat. § 760.35 (2). . If , a family with children did not attach report cards to their application, presumably the application could be denied as incomplete.”

Fair Hous. Ctr. of the Greater Palm Beaches, Inc. v. Sonoma Bay Cmty. Homeowners Ass'n, 164 F. Supp. 3d 1375 (S.D. Fla. 2016). · cites it 2× “” See Fla. Stat. § 760.35 (2). .The Court's order was directed to the substance of the Center’s motion for partial summary judgment, which was a request, by the Center, for the Court to determine whether the text of certain rules violated the FHA.”

Gonzalez v. Royse Servs. LLC (M.D. Fla. 2025). · cites it 11× “” Fla. Stat. § 760.35 (4); see also 42 U.S.”

Grossman (S.D. Fla. 2026). · cites it 7× “” Fla. Stat. § 760.35 (4). Because 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,” Noah v.”

City of Pompano Beach v. Coral Rock Dev. Grp., LLC (Fla. 4th DCA 2024). · cites it 3× “See § 760.35(4), Fla. Stat. (2021). The City moved to dismiss the complaint, arguing that sovereign immunity protected the City from the developers’ claims.”

Toston v. D&M Assets 1 LLC (M.D. Fla. 2023). · cites it 2× ““Under the provisions of F.S. § 760.35, an aggrieved person may commence a civil action in a court of competent jurisdiction not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice.”

Carlton Condo. Ass'n, Inc. v. Dominique Miniaci (Fla. 4th DCA 2025). · cites it 2× “Here, Respondents’ argument that the procedure does not apply to their claims under section 760.35 of Florida’s Fair Housing Act has no merit.”

Show all 14 citing cases →

— 760.35(1) — 1 case

Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016). “442 (2012) (proposing to amend section 760.35 to state that “[an] aggrieved person may commence a civil action under this section whether or not a complaint has been filed under s.”

— 760.35(3)(c) — 1 case

Viering v. Florida Comm'n on Human Relations ex rel. Watson, 128 So. 3d 967 (Fla. 1st DCA 2013). “595(5), Florida Statutes (2012), the authority upon which Ms. Viering relied in requesting attorney’s fees, was enacted.”

— 760.35(3)(e) — 1 case

— 760.35(4) — 3 cases

City of Pompano Beach v. Coral Rock Dev. Grp., LLC (Fla. 4th DCA 2024). “See § 760.35(4), Fla. Stat. (2021). The City moved to dismiss the complaint, arguing that sovereign immunity protected the City from the developers’ claims.”

Gonzalez v. Royse Servs. LLC (M.D. Fla. 2025). “” Fla. Stat. § 760.35 (4); see also 42 U.S.”

Grossman (S.D. Fla. 2026). “” Fla. Stat. § 760.35 (4). Because 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,” Noah v.”

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