Florida Statute 760.35 | 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. 760.35

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.

F.S. 760.35 on Google Scholar

F.S. 760.35 on Casetext

Amendments to 760.35

Arrestable Offenses / Crimes under Fla. Stat. 760.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.35.

Annotations, Discussions, Cases:

Cases Citing Statute 760.35

Total Results: 5

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: their civil action seeking relief under section 760.35(1) of the FFHA. That section does not contain an…action filed in court pursuant to this section or s. 760.35 comes to trial, the commission shall immediately…efforts to obtain voluntary compliance.” And section 760.35(1) specifies that a court shall continue a civil…. The FFHA also includes sections 760.34(6) and 760.35(1), which clearly contemplate that a housing discrimination

Viering v. Florida Commission on Human Relations ex rel. Watson

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-31T00:00:00-08:00

Citation: 128 So. 3d 967, 2013 WL 6865406, 2013 Fla. App. LEXIS 20732

Snippet: of section 760.35(3)(c), whether or not it conflicts with the core purpose of section 760.35(3)(e). The…120.595(5), abrogates section 760.35(3)(c) to the extent that section 760.35(3)(c) prohibits the assessment…School Bd., supra. The FCHR also relies on section 760.35(3)(c), Florida Statutes (2012),4 which took effect…thither-to blanket prohibition set out in section 760.35(3)(c), which provides: “Costs or fees may not be…The Legislature enacted section 760.35(3)(c) in 1989. See ch. 89-321, § 8, at 2068-69, Laws of Fla. The

Belletete v. Halford

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

Citation: 886 So. 2d 308

Snippet: sections 760.35 and 760.50. However, neither of these sections is part of the FCRA; section 760.35 is included…Civil Rights Act based on Florida Statutes sections 760.35 and 760.50. Count II alleged rental discrimination…discrimination under Florida Statutes sections 760.23 and 760.35. Finally, Count III alleged negligent infliction…Count I, which deal with the FHA, including section 760.35. Section 760.23 provides: It is unlawful to refuse…of administrative remedies. Sections 760.34 and 760.35 contain much the same language and structure as

Holmes v. Holmes

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-26T23:53:00-08:00

Citation: 709 So. 2d 166

Snippet: deductions of $62.98 per month, for a total of $760.35 per month. The court also found that at the time

Ranger Ins. Co. v. Bal Harbour Club

Court: Fla. | Date Filed: 1989-08-31T00:53:00-07:00

Citation: 549 So. 2d 1005

Snippet: token wrist slap to a large corporate offender. § 760.35, Fla. Stat. (1987). Based on the foregoing, we