Item R3 R.3
t, BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: R.3
Agenda Item Summary #6245
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Authorization to join amicus curiae brief to be filed in the matter of
Yanes v. O C Food & Beverage, LLC, Case No. 18-CA-003554-0 in support of continued local
authority to enact Human Rights Ordinances prohibiting discrimination that is more protective and
inclusive than the Florida Civil Rights Act.
ITEM BACKGROUND: A recent court ruling declared that Orange County's Human Rights
Ordinance was preempted by the Florida Civil Rights Act. Monroe County adopted a similar
ordinance in 2001, which is currently codified in Chapter 14 of the Monroe County Code.
The Orange County case is currently on appeal to the Fifth District Court of Appeal. See, Anita
Yanes & Brittney Smith v. OC Food & Beverage LLC, 5D19-1843. If the trial court's decision is
affirmed, all similar local human rights ordinances that are more protective and inclusive than the
Florida Civil Rights Act ("FCRA") would be in jeopardy of being invalidated. An appellate
decision by one District Court of Appeal is binding throughout the state in the absence of a
conflicting ruling by the Florida Supreme Court or another District Court of Appeal. It is estimated
that there are 44 similar local ordinances that would be affected.
The City of Miami Beach has notified the County Attorney that it is working to craft a single,
unified local government amicus curiae ("friend of the court") brief in support of Orange County.
The goal is to present one clear, unified voice of Florida's local governments in support of local
authority to enact human rights ordinances to prohibit discrimination. The Fifth DCA recently
granted the City of Miami Beach's motion to appear as an amicus. The City has invited all local
governments with local human rights ordinances to sign on in support of their brief. The City's
cover letter includes the Orange County Circuit Court ruling as well as Miami Beach's resolution as
attachments.
The City advises that there would be no financial impact or staff commitment associated with
signing on and staff is not required to independently draft or file any brief or document in the case.
Board approval simply authorizes the County Attorney to notify the City Attorney for Miami Beach
that Monroe County wants to be added to the list of parties filing the brief.
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PREVIOUS RELEVANT BOCC ACTION:
4/21/2010 BOCC adopted Ordinance No. 012-2010 added language to provide penalties and
enforcement by civil action for violations of the Monroe County Human Rights
Ordinance.
4/16/2003 BOCC adopted Ordinance No. 008-2003 adding language to prohibit discrimination on
the basis of gender identity or expression for employment or in housing.
10/17/2001 BOCC adopted Ordinance No. 036-2001 to be cited as the "Monroe County Human
Rights Ordinance".
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Order Yanes, et al. v. O. C. Food & Beverage, LLC., letter from City of Miami Beach dated
10/28/19
Chapter 14 HUMAN RELATIONS (Discrimination; Housing Discrimination) Monroe County
Code
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: None.
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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R.3
REVIEWED BY:
Bob Shillinger Completed 11/03/2019 3:26 PM
Kathy Peters Completed 11/04/2019 2:54 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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city of Miami Beach, 1700 Conven7ion Cenfer Drive, Miani P)&DJi, Harido 33 N 39, www.iii ors,7ibeR)ckof:.gov
RAUL J. AGUILA, OTY ATTORNEY
Office of Hie City Attorney 06
TeL 305-673-7470, Fox: 305-673-7002 'a
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October 28, 2019 U
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Via U.S. Mail and e-Mail: Shillinger-Bob@monroecounty-fl.gov
Bob Shillinger, County Attorney
Monroe County
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1111 12th Street, Suite 408
Key West, FL 33040
Dear Mr. Shillinger:
As you know, Monroe County is one of forty-four Florida local governments that has
enacted a locali Human Rights Ordinance ("HRO"), prohibiting di crimi nation, that is
both more protective and more inclusive than Florida state law as set forth in the 2
Florida Civil Rights Act ("FCRA"), The Florida Supreme Court has long held and 4-
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established that local governments have the constitutional power to enact these anti-
discrimination ordinances, and that local HROs such as yours are not preempted by
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the FORA. 0-
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Despite this long-established rule, a Circuit Court judge in Orange County, Florida has
found that the Orange County HRO, which is substantially similar to yours, is
preempted by the FORA. The case is Yanes v. 0 C Food& Beverage, LLC, Case No.
18-CA-0103554-0. In that case, the female plaintiffs alleged that an entertainment
venue's policy of refusing to admit females unaccompanied Iby males violated the
Orange County HRO's prohibition against gender discrimination, Refusing to take up
the merits of the case, the Circuit Court judge found that the Orange County HRO was
impliedly preempted by the FORA because the HRO did not require Plaintiffs to
exhaust the administrative prerequisites enumerated in the FCR,A. The Circuit Court
order is attached here.
The Circuit Court order is currently the subject of an appeal in Florida's Fifth District
Court of Appeals. If the Circuit Court order were to be affirmed, all forty-four local
HROs in Florida would be in peril of being invalidated. This is because an appellate
ruling that the FORA impliedly preempts local HROs would arguably apply to alll forty-
four HROs statewide.
The City of Miami Beach is working in close strategic partnership with Orange County
to craft an, amicus curiae brief that represents the clear and unified voice of Florida
local governments in support of the local authority to enact HROs to prohibit invidious 0
discrimination.
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We now invite other Florida cities and counties that have enacted HROs to sign on to
this amicus brief in order to clearly set forth that we have a strong governmental <
interest in fighting discrimination and that we have the authority to do so. We are
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asking that each municipal government that has, enacted an HRO join us in this single
unified local government amicus brief.
The amicus brief, which is currently being drafted, explains how local governments
have a strong iinteirest in fighting discrimination, that we have always had the local >
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home rule authority to do so, and that this authority is not preempted by the FORA. M
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In order to sign on to the brief, simply follow whatever procedure is appropriate for U_
your jurisdiction in order to authorize signing on to the amicus brief. Typically, a city or U
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county council or commission will simply pass a motion or resolution authorizing the >
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City of Miamii Beach to add your name to the list of parties filing the brief. There is no
financial impact or staff commitment associated with signing on. There is no need to >_
independently draft or file any brief or document in the case. I also attach our M
commission memorandum, as a suggested template, Ir-
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CD
Please do not hesitate to contact me at (305) 673-7470 ext. 6521 or by e-mail at
robertiro
,IlA o
ld g_m anjwbeachfLq,o , or Farosha Andasheva at (305) 673-7470 ext.
6459 or by e-mail at famatanda she va WL iamibeachfLqCY, for additional information.
Sincerely,
Robert F Rosenwald,
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Robert F. Rosenwald, Jr.
First Assistant City Attorney E
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Attachments
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I Packet Pg. 28001
Filing# 89765390 E-Filed 05/20/2019 10:22:33 AM
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IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND >
FOR ORANGE COUNTY,FLORIDA
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ANITA YANES and -
BRITTANY SMITH, U
CASE NO.: 2018-CA-003554-0 >
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Plaintiffs,
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0 C FOOD& BEVERAGE, LLC,
dlb/a/RACHEL'S,and WEST PALM
BEACH FOOD AND BEVERAGE, LLC,
d/b/a RACHEL'S ADULT ENTERTAINMENT
AND STEAKHOUSE,
Defendants.
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ORDER GRANTING DEF NDANTS' "COMPOSITE MOTION TO Dl MISS
COMPLAINT DATED APRIL 61 201$"
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ORDER DISMISSING THE PLAINTIFFS" COMPLAINT WITHOUT PREJUDICE
THIS MATTER came before the Court for a hearing on January 24, 2019 upon the
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"Composite Motion to Dismiss Complaint Dated April 6, 201 S,'' filed on May 25, 2018. The
Court,having considered the Motion, case law,and arguments of counsel,finds as follows:
RELEVANT FACTS AND PROCEDURAL HISTORY
This action arises from the Plaintiffs' visit to the Defendants' place of business, wherein
the Plaintiffs, two women, were told that they were not allowed to enter the premises unless (s
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accompanied by a male companion. The Plaintiffs filed their Complaint based on unlawful
discrimination pursuant to section 22-42 of the Orange County Code:
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(a) It is a violation of this article for a person who owns or operates a place of
public accommodation, whether personally or through the actions of an employee
or independent contractor, to deny or refuse to another individual the full and E
equal enjoyment of the facilities and services of any place of public
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accommodation on the basis of that individual's age, race, color,religion, national
origin,disability,marital status, familial status, sex, or sexual orientation.
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(b) It is a violation of this article for a person who owns or operates a place of
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public accommodation, either personally or through the actions of an employee or
independent contractor, to display or publish any written communication which is cs
to the effect that any of the facilities and/or services of a place of public >
accommodation will be denied to any individual or that any such individual is U)
unwelcome, objectionable or unacceptable because of that individual's age, race,
color, religion, national origin, disability, marital status, familial status, sex, or
sexual orientation.
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• The Defendants filed their "Composite -'Motion to Dismiss Complaint Dated April 6,
2018," arguing that the Complaint should be dismissed because the Plaintiffs failed to state a
cause of action because they should have filed suit under Chapter 760, Florida Statutes (2018)
rather than the local ordinance. The Court heard the Motion on Januay 24, 2019; this Order
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follows. o
ANALYSIS AND RULING
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"A motion to dismiss tests whether the plaintiff has stated a cause of action." Bell v.
Indian River Memorial Hosp., 778 So. 2d 1030, 1032 (Fla 4th DCA 2001). Furthermore,
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"[w]hen determining the merits of a motion to dismiss,the trial courts consideration is limited to
the four corners of the complaint, the allegations of which must be accepted as true and
considered in the light most favorable to the nonmoving party." Id.; see, e.g.. Solorzano v. First
Union Martg. Corp., $96 So. 2d 847, 849 (Fla.4th DCA 2005), Taylor v. C'ity of Riviera Beach, o
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801 So, 2d 259, 262 (Fla. 4th DCA 2001); Samuels v. King .Motor Co. of Fort Lauderdale, 782
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So. 2d 489, 495 (Fla. 4th DCA 2001); Bolz v. State Farm Nfur. ins. Co., 679 So. 2d 836, 837
(Fla. 2d DCA 1996) (indicating that a motion to dismiss is designed to test the legal sufficiency
of a complaint,not to determine issues of fact).
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The Defendants raise two arguments for dismissal in their Motion: (1) the Plaintiffs fail
to state a cause of action because they predicated their Complaint on Orange County Code >
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Sections 22-4 and 22-42,rather than Chapter 760, Florida Statutes(2018),and the Plaintiffs have
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not complied with Chapter 760's conditions precedent; and (2) the Court is without personal
and/or subject matter jurisdiction over West Palm Beach Food and Beverage, LLC, because it
does not own or operate a business in Orange County, Florida. The Plaintiffs respond that the
Orange County Code is constitutional and is not preempted by the statute, and the Defendants.
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have failed to take the necessary steps to challenge the constitutionality of the local ordinance.
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"Local ordinances are inferior to the laws of the state and must not conflict with any
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controlling provision of a statute." Phantom of Brevard. Inc. v. Brevard Cty., 3 So. 3d 309, 314 Co
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(Fla. 2008)(citing Thomas v. State, 614 So. 2d 468,470 (Fla. 1993)) (emphasis added). It is true
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that Florida counties are given broad authority to enact local ordinances, but the legislature can
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preempt that authority either expressly or by implication. Phantom of Clearwater, Inc. v. 0
Pinellas Cty., 894 So. 2d 1011, 1018 (Fla. 2d DCA 2005). "Preemption by state law, however,
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need not be explicit so long as it is clear that the legislature has clearly preempted local
regulation of the subject." Masone v. City of Aventura, 147 So. 3d 492,495 (Fla. 2014)."Implied
preemption is found where the state legislative scheme of regulation is pervasive and the local 0
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legislation would present the danger of conflict with that pervasive regulatory scheme."Id.
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When reviewing Chapter 760, Florida Statutes (2018), it becomes clear that the
e scheme in which a person can seek relief from unlawful
legislature crafted a comprehensiv 6
discrimination. The chapter includes a section on the purpose of the law,how it is enforced, and
remedies. See generally Fla. Stat. §§ 760.01, 760.021, 760.07 (2018). While the statutes do not
explicitly state that any local ordinance is preempted, when examining the chapter as a whole,it
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appears that it is intended to be a complete structure for litigating discrimination cases. such as
alleged here. Additionally, as the Defendants note. Chapter 760 requires that a party exhaust all
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of his/her administrative remedies. whereas the ordinance makes no such provision. The Court
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therefore agrees with the Defendants that the Plaintiffs must seek relief under Chapter 760, and 0
the Complaint must be dismissed.'
Accordingly. it is hereby ORDERED AND ADJUDGED that the Defendants' Motion is
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GRANTED. The Plaintiffs' Complaint is DISMISSED without prejudice. The Plaintiffs shall
isle an amended Complaint within 20 clays of the rendition of this Order. and the Defendant shall
file any responsive pleadings within 20 days after that.
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DOPE AND ORDERED in Chambers, at Orlando, Orange Counts. Florida, on this
day of+ , 2919.
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KEITH A. CARSTEN
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on Akom a o . 2019, a true and accurate >
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copy of the foregoing was a-filed using the Cou ECF filing system, which will send notice to
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all counsel of record.
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Judicial Assistant
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' Because the Court has dismissed the Complaint in its entirety on other grounds. it declines to address the
Defendants'jurisdictional argument as to west palm Beach and Bereragc. LLC.
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OFFICE OF THE CITY ATTORNEY C06
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
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TO: Honorable Mayor and Members of the City Commission
Jimmy L. Morales. City Manager
FROM: Raul J. Aguika, City Attorneys
CA Ioo
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DATE: September 11, 2019 04
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK
LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN
SUPPORT OF THE PLAINTIFFS IN ANY APPEAL OF A TRIAL COURT ORDER U
IN YANES V. O C FOOD & BEVERAGE, LLC ( CASE NO. 18-CA-003554-0), 03
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WHICH FOUND THAT THE ORANGE COUNTY HUMAN RIGHTS ORDINANCE
WAS PREEMPTED BY THE FLORIDA CIVIL RIGHTS ACT.
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The attached Resolution is submitted for consideration by the Mayor and City Commission at the
September 11, 2019 City Commission meeting. The Resolution is sponsored by Commissioner
Michael Gongora and co-sponsored by Mayor Dan Gelber. c
On April 5, 2018, Plaintiffs, Anita-Yanes and Brittney Smith ("Plaintiffs'). filed a complaint in
Orange County Circuit Court against 0 C Food&Beverage, LLC., d/b/a/Rachel's and West Palm
Beach Food and Beverage. LLC. d/b/a Rachel's Adult Entertainment and Steakhouse
("Defendant"), alleging unlawful discrimination on the basis of sex pursuant to Orange County's
Human Rights Ordinance and seeking injunctive relief and compensatory damages.
The action arose from the Plaintiffs' visit to the Defendants' place of business, wherein the
Plaintiffs, two women. were told that they were not allowed to enter the premises of the03
Defendants' adult establishment unless accompanied by a male companion.
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In their complaint, Plaintiffs alleged unlawful discrimination on the basis of sex, pursuant to
Section 22-42 of the Orange County Code:
Sec. 22-42. • Prohibition of discrimination in public d
accommodations.
it is a violation of this article for a person who owns or operates a 0
place of public accommodation, whether personally or through the
actions of an employee or independent contractor.to deny or refuse
to another individual the full and equal enjoyment of the facilities
and services of any place of public accommodation on the basis of
that individual's age, race, color, religion, national origin. disability.
marital status. familial status. sex. or sexual orientation.
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Commission Memorandum
September 11. 2019
Page 2
Defendant filed a motion to dismiss. arguing that Orange County's Human Rights Ordinance,
coded in Chapter 22 of the Orange County Code, is preempted by the Florida Civil Rights Act ca
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("FCRA").
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On May 20, 2019, the Circuit Court entered an order granting the dismissal of the Plaintiffs'
complaint, finding that the FCRA preempted Orange County's Human Rights Ordinance. 0
As the Circuit Court's ruling sets a dangerous precedent and jeopardizes the validity of local
human ordinances across the state of Florida, including the City's Human Rights Ordinance,
Commissioner Gongora hereby requests that the City Commission direct the City Attorney to seek
leave of court to appear I amicus curiae(friend of court)and file a brief in support of the Plaintiffs T-
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in the Fifth District Court of Appeals and in any subsequent appeals'therefrom. 04
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ca
ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS
AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF THE
PLAINTIFFS IN ANY APPEAL OF A TRIAL COURT ORDER IN
YANES V. O C FOOD & BEVERAGE, LLC ( CASE NO. 98-CA- >
003664-0), WHICH FOUND THAT THE ORANGE COUNTY
HUMAN RIGHTS ORDINANCE WAS PREEMPTED BY THE
FLORIDA CIVIL RIGHTS ACT. 00
WHEREAS, on April 6, 2018, Plaintiffs, ,Anita Yanes and Brittney Smith
("Plaintiffs-), filed a complaint in Orange County Circuit Court against O C Food &
Beverage, LLC., dlbla/ Rachel's and West Palm Beach Food and Beverage, LLC, dlbla
Rachei's Adult Entertainment and Steakhouse ("Defendant"), alleging unlawful
discrimination on the basis of sex pursuant to Orange County's Human Rights Ordinance
and seeking injunctive relief and compensatory damages; and ca
WHEREAS, the lawsuit was initiated after the Plaintiffs were denied entry to the
Defendant's adult establishment unless they were accompanied by a male companion;
and
WHEREAS, in their complaint, Plaintiffs argued that the Defendant's policy was in
violation of Orange County's Human Rights Ordinance, which prohibits discrimination in
a place of public accommodation on the basis of sex; and
WHEREAS, Defendant filed a motion to dismiss, arguing that the complaint should
be dismissed for failure to state a cause of action because the lawsuit should have been
filed under the Florida Civil Rights Act CFCRA") rather than the local human rights
ordinance, which, Defendant alleged, is preempted by the FCRA; and
WHEREAS, on May 20, 2019, the Circuit Court entered an order granting the
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dismissal of the Plaintiffs' complaint, finding that the FCRA preempted Orange County's
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Human Rights Ordinance, and that the FCRA provides a complete structure for litigating
discrimination cases; and
WHEREAS, the Mayor and City Commission assert that the Circuit Courts order
of dismissal is erroneous and jeopardizes the validity of local human ordinances across
the State of Florida, including the City's own Human Rights Ordinance; and
WHEREAS,the City of Miami Beach has always been at the forefront of protecting
civil rights and has one of the most progressive and comprehensive human rights
ordinances in the country; and
WHEREAS, as such,the Mayor and City Commission desire that the City Attorney
seeks leave of court to appear as amicus curiae ("friend of the court") and file a brief in
support of Plaintiffs and in defense of Orange County's Human Rights Ordinance.
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Attorney to seek leave of court to appear as amicus curiae
and file a brief in support of the Plaintiffs in the case of Yanes v. O C Food & Beverage, LLC >
(Case No. 18-CA-003554-0),which case found that the Orange County Human Rights Ordinance
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was preempted by the Florida Civil Rights Act.. M
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PASSED AND ADOPTED this 11th day of September, 2019.
ATTEST: Dan Gelber, Mayfly
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Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Gongora; cosponsored by Mayor Dan Gelber)
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Chapter 14 - HUMAN RELATIONSM
Footnotes:
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Buie Ills aw irefeirei ce.......... liVli uJgh. , II:: S ch.n . 76 D..........765
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ARTICLE I. - IN GENERAL
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Secs. 14-1-14-39. - Reserved.
ARTICLE II. - DISCRIMINATION
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Sec. 14-40. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Bona fide occupational qualification means that an employer can demonstrate that a particular
characteristic or the absence thereof is reasonably necessary to the essence of the employer's business
and that all or substantially all persons with or without the characteristic (as the case may be) are unable
to perform the duties of the position in question.
Credit transaction means the grant, denial, extension or termination of credit to an individual.
Disability means: °
(1) A physical or mental impairment that substantially limits one or more of a person's major life
activities;
(2) A record of such impairment; or
(3) The perception of having such an impairment.
The term does not include persons who have current, illegal use of or addiction to a controlled substance ii
as defined by F.S. § 893.02, as now enacted or hereinafter amended. A disabled individual is qualified
with respect to employment if such individual can perform the essential functions of the job in question
with reasonable accommodations. For the purpose of this definition, the term "major life activities" means
functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working. For the purpose of this definition, the term "substantially limited" means
likely to experience difficulty in securing, retaining or advancing in employment because of a disability.
Employee means an individual who is engaged to work for or under the direction and control of
another for monetary or other valuable consideration.
Employer means any person employing 15 or more employees for each working day in each of 20 or
more calendar weeks in the current or preceding calendar year, and any agent of such person, but such
term does not include the United States or a corporation wholly owned by the government of the United
States.
Employment agency means a person that undertakes to procure employees or opportunities to work
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for potential employees, either through interviews, referrals, advertising or any combination thereof.
Familial status means the status of living alone or in any familial relationship whatsoever, including,
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but not limited to, living with a partner, whether maintaining the legal status of being single, married,
divorced, separated or widowed, and whether the partner is the same sex or opposite sex, and of living t3
with one or more dependents, whether minor or disabled children or parents.
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Gender identity or expression means having, or being perceived as having, a gender-related self-
identity, self-image, appearance, expression or behavior, whether or not such gender-related t3
characteristics differ from those associated with the person's assigned sex at birth.
Labor organization means any person which exists and is constituted for the purpose, in whole or in
part, of collective bargaining or of representing employees in dealing with employers concerning 06
grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment.
Person means any natural person, firm, corporation, labor organization, partnership or other U3
organization, association or group however organized.
Public accommodation means a place, business establishment or agency that sells, leases, provides U)
or offers any product, facility or service to the general public, regardless of ownership or operation:
(1) By a public body or agency;
(2) With or without regard to profit; or
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(3) For a fee or not for a fee. An institution, club, association or other place of accommodation that
has more than 100 members, and provides regular meal service and regularly receives
payment for dues, fees, accommodations, facilities or services from or on behalf of
nonmembers for the furtherance of trade or business shall be considered a place of public
accommodation for purposes of this article.
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Religion means all aspects of religious observance and practice, as well as belief.
Sexual harassment means any unwelcome sexual advances or requests for sexual favors or conduct
of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for any
employment decision affecting the individual; or
(3) Such conduct has the purpose or effect of substantially interfering with an individual's work U)
performance or creating an intimidating, hostile or offensive working environment.
Sexual orientation means the actual or perceived state of heterosexuality, homosexuality or ii
bisexuality. g
(Code 1979, § 13-102; Ord. No. 36-2001, § 1; Ord. No. 008-2003, § 1)
Sec. 14-41. - Prohibited conduct—Employment.
(a) No person shall directly or indirectly discriminate against any individual in hiring, classification,
grading, discharge, discipline, compensation or other term or condition of employment because of
the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age. No employment agency shall directly or
indirectly discriminate against any individual in classification, processing, referral or recommendation
for employment because of the individual's race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age.
(b) The prohibitions contained in this subsection shall not apply to any of the following:
(1) Using an individual's unfavorable discharge from military service as a valid employment
criterion where the affected position of employment involves the exercise of fiduciary
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responsibilities and the reasons for the unfavorable discharge related to his fiduciary capacity;
(2) Hiring or selecting among individuals for bona fide occupational qualifications; or
(3) Giving preferential treatment to veterans and their relatives as required by federal or state law
or regulation.
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(c) No employer, employee, agent of an employer, employment agency, or labor organization shall
engage in sexual harassment. An employer shall be liable for sexual harassment by nonemployees t3
or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the
conduct and fails to take reasonable corrective measures. >
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(d) No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, 06
observances and practices of an employee unless the employer demonstrates that the employer is
unable to reasonably accommodate the employee's religious observance or practice without undue
hardship on the conduct of the employer's business. Reasonable efforts to accommodate include, U
but are not limited to, allowing an employee: >
(1) To take a day of paid leave or vacation, where applicable under the employee's employment
agreement;
(2) To be excused from work without pay and without discipline or other penalty; or
(3) To elect to take the day off with pay in order to practice the employee's religious beliefs, and to 0
make up the lost work time within the same pay period of the employer at a time and date
consistent with the operational need of the employer's business.
(e) Any employee who elects such deferred work shall be compensated at his regular rate of pay,
regardless of the time and date at which the work is made up. The employer may require that any
employee who plans to exercise the provisions of subsection (d)(3) of this section provide the
employer with notice of the employee's intention to do so, no less than ten days prior to the date of
absence.
(Code 1979, § 13-103(a) (e); Ord. No. 36-2001, § 1; Ord. No. 008-2003, §§ 2, 3)
E
Sec. 14-42. -Same—Credit.
A
No person shall discriminate against any individual in any aspect of any credit transaction, or in any
terms and conditions of bonding because of the individual's race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age.
(Code 1979, § 13-103(f); Ord. No. 36-2001, § 1)
Sec. 14-43. -Same—Public accommodations.
a
No person who owns, leases, rents, operates, manages or in any manner controls a public
accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public
accommodation by any individual because of the individual's race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age. The prohibition
contained in this section, shall not apply to any facility, as to discrimination based on sex, that is distinctly
private in nature, such as restrooms, shower rooms, and dressing rooms.
(Code 1979, § 13-103(g); Ord. No. 36-2001, § 1)
Sec. 14-44. - Retaliation.
No person shall retaliate against any individual because that individual in good faith has made a
charge, testified, assisted or participated in an investigation, proceeding or hearing under this article.
(Code 1979, § 13-103(h); Ord. No. 36-2001, § 1)
Sec. 14-45. - Liberal construction; alternative remedies.
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R.3.b
The provisions of this article shall be liberally construed for the accomplishment of the purpose
hereof. Nothing in this article shall be construed to limit rights granted under the laws of the state or the t3
United States. Nothing in this article shall be construed to waive the right of any person to file a charge
with any agency with the authority to investigate or act upon the complaint. >
06
(Code 1979, § 13-106; Ord. No. 36-2001, § 1) 'a
0
Sec. 14-46. - Penalties; enforcement by civil action. U
(a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon U)
written citation be subject to the penalties provided in section 8-66 of the Monroe County Code.
(b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including
action for equitable relief, by any aggrieved person in a court of competent jurisdiction.
0
(Ord. No. 012-2010, 1 )
0
Secs. 14-47-14-72. - Reserved.
0
ARTICLE III. - HOUSING DISCRIMINATION21
Footnotes:
°
--- (2) ---
°
Buie Ills aw iefeuireu ce eiiir Il...leu sing c.q�, S § 760 20 cq e �
DIVISION 1. -GENERALLY
U)
Sec. 14-73. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed ii
to them in this section, except where the context clearly indicates a different meaning:
Board means the county housing authority designated as the fair housing board established by this
article.
Director means the fair housing director established by this article.
Discrimination means any difference in treatment based on race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or age.
Executive director means the executive director of the housing authority and the fair housing board.
Housing, housing accommodation or dwelling means any building, mobile home or trailer, structure
or portion thereof that is occupied as, or designed or intended for, occupancy as a residence by one or
more families, and any vacant land that is offered for sale or lease for the construction or location thereon
of any such building, mobile home or trailer, structure, or portion thereof or any real property, as defined
in this section, used or intended to be used for any of the purposes set forth in this definition.
Lending institution or financial institution includes any person, as defined in this section, engaged in
the business of lending money or guaranteeing loans.
CL
Mortgage broker means an individual who is engaged in or performs the business or service of a
mortgage broker as the same is defined by state statutes.
Open market means the market that is informed of the availability for sale, purchase, rental or lease 0
of any housing accommodation whether informed through a real estate broker or mortgage broker, or by
Packet Pg. 2812
R.3.b
advertising by publication, signs or by any other advertising or other methods directed to the public or any
portion thereof, indicating that the property is available for sale, purchase, rental or lease. t3
Owner includes a lessee, sublessee, cotenant, assignee, managing agent or other person having the >
right of ownership or possession, or the right to sell, rent or lease any housing accommodation. 0
co
Real estate broker or real estate salesman includes any individual who, for a fee, commission, 06
salary, or for other valuable consideration, with the intention or expectation of receiving or collecting
same, lists, sells, purchases, rents or leases any housing accommodation, including options thereupon, U-
or who negotiates or attempts to negotiate such activities; or who advertises or holds himself out as
engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or >
other encumbrance, upon transfer of any housing accommodation or who is engaged in the business of
charging an advance fee or contracting for a collection of a fee in connection with a contract whereby he
undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its .�
listing in a publication issued primarily for such purpose; or who is an individual employed by or acting on
behalf of any of these. 0
Real property includes buildings, structures, lands, tenements, leaseholds, cooperatives and
condominiums.
0
To rent includes to lease, to sublease, to let and to otherwise grant for a consideration the right to
occupy premises not owned by the occupant.
r-
0
(Code 1979, § 13-112; Ord. No. 22-1986, § 2; Ord. No. 9-1991, § 1; Ord. No. 36-2001, § 3; Ord.
No. 008-2003, § 4)
Sec. 14-74. - Declaration of policy.
a
It is hereby declared to be the policy of the county in the exercise of its police power for the public
safety, public health and general welfare, to ensure equal opportunity to obtain adequate housing by all
persons regardless of race, color, sex, gender identity or expression, religion, disability, national origin,
ancestry, sexual orientation, familial status, or age, and to that end, to eliminate discrimination in housing.
0
(Code 1979, § 13-111; Ord. No. 22-1986, § 1; Ord. No. 36-2001, § 2)
c
Sec. 14-75. - Board of county commissioners to administer article.
a
The board of county commissioners shall be responsible for the administration of this article and for
seeing that its provisions are observed and enforced. The board of county commissioners is empowered
to make all necessary rules to accomplish this responsibility, which rules shall not become effective until
approved by the board of county commissioners and, by rule, to delegate administrative and investigative
authority to the fair housing board. The board of county commissioners is directed and authorized to seek
substantial equivalency rating and recognition from the United States Department of Housing and Urban
Development and other necessary federal agencies for title VIII of the 1968 Civil Rights Act enforcement
within the General Services District.
(Code 1979, § 13-113; Ord. No. 22-1986, § 3)
Sec. 14-76. -Cooperation with federal, state and local agencies administering fair housing laws.
CL
The board of county commissioners may cooperate with federal, state and other local agencies
charged, with the consent of such agencies, to use the services of such agencies and their employees in
carrying out the provisions of this article. In furtherance of such cooperative efforts, the board of county
commissioners may enter into written agreements with such federal, state and local agencies to make
available such appropriated funds as are necessary to carry out the purposes of this article and all such
Packet Pg. 2813
R.3.b
agreements shall be executed by the chair of the board of county commissioners and the county clerk
and countersigned by the executive director of the fair housing board. t3
(Code 1979, § 13-114; Ord. No. 22-1986, § 4)
06
Sec. 14-77. - Unlawful practices.
In connection with any of the transactions set forth in this section that affect any housing operation U
on the open market, or in connection with any public sale, purchase, rental, or lease of any housing >
accommodation, it shall be unlawful within the unincorporated areas of the county for a person, owner, U)
financial institution, real estate broker or real estate salesman, or any representative of the above:
(1) To refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing
accommodation from a person, or to evict a person because of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age;
(2) To discriminate against a person in the terms, conditions or privileges of the sale, purchase,
0
rental or lease of any housing accommodation, or in the furnishing of facilities or services in �3
connection therewith;
0
(3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing
accommodation from or to a person because of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
(4) To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing
accommodation to a person because of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age;
(5) To represent to a person that any housing accommodation is not available for inspection, sale,
purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect
any housing accommodation because of race, color, sex, religion, disability, national origin,
U)
ancestry, sexual orientation, gender identity or expression, familial status or age;
(6) To make, publish, print, circulate, post or mail, or cause to be made, published, printed,
circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or
to sign or to use a form of application for a sale, purchase, rental, lease or financing of any
housing accommodation, that indicates any discrimination or any intent to discriminate;
(7) To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental
or lease knowing that a person may be subjected to discrimination in connection with such sale,
purchase, rental or lease, or in the furnishing of facilities or services in connection therewith;
(8) To induce or discourage, or to attempt to induce or discourage:
a. The sale;
b. The purchase;
c. The rental;
d. The lease;
e. The listing for subsections (8)a., b., d. of this section;
of any housing accommodation in an area by means of(i)causing panic; (ii)inciting unrest; or
(iii)creating or playing upon fear, by representing that the presence or anticipated presence in
CL
that area of persons of any particular race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age, will or may
result in the lowering of property values in the area, the increase in criminal or antisocial
behavior in the area, or a decline in the quality of the schools serving the area;
Packet Pg. 2814
R.3.b
(9) For any bank, building and loan association, insurance company or other corporation,
association, firm or enterprise whose business consists in whole or in part in the making of t3
commercial real estate loans, to deny a loan or other financial assistance to a person applying
there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, >
or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms
or conditions of such loans or other financial assistance because of the race, color, sex, religion, 06
disability, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age of such person or of any person associated with him in connection with such loan U-
or other financial assistance or the purposes of such loan or other financial assistance, or of the
present or prospective owners, lessees, tenants, or occupants of the dwellings in relation to >
which such loan or other financial assistance is to be made or given; or
(10) To deny any person who is otherwise professionally qualified by state law access to, or
membership or participation in, any multiple listing service, real estate broker's organization, or
other service, organization or facility relating to the business of selling or renting dwellings, or to
discriminate against him in the terms or conditions of such access, membership, or t3
participation, on account of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age.
0
U
(Code 1979, § 13-115; Ord. No. 22-1986, § 5; Ord. No. 9-1991, § 2; Ord. No. 36-2001, § 4; Ord. 0
No. 008-2003, § 5)
Sec. 14-78. - Exemption.
Nothing in section 14-77 prohibits a religious organization, association, or society, or any nonprofit
institution or organization operated, supervised, or controlled by or in conjunction with a religious °
organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling that it
2
owns or operates for other than a commercial purpose to persons of the same religion or from giving
preference to such person, unless membership in such religion is restricted on account of race, color, or cm
national origin. S
0
(Code 1979, § 13-115A; Ord. No. 36-2001, § 5)
Sec. 14-79. - Exemption for housing for older persons.
(a) Any provision of this article regarding familial status does not apply with respect to housing for older
persons.
(b) As used in this section, the term "housing for older persons" means housing:
(1) Provided under any state or federal program that the state determines is specifically designed
and operated to assist elderly persons, as defined in the state or federal program;
(2) Intended for, and solely occupied by, persons 62 years of age or older; or
(3) Intended and operated for occupancy by persons 55 years of age or older that meets the
following requirements:
a. At least 80 percent of the occupied units are occupied by at least one person 55 years of
age or older;
b. The housing facility or community publishes and adheres to policies and procedures that
demonstrate the intent required under this subsection (b)(3)b. If the housing facility or CL
C
community meets the requirements of subsection (b)(3)a. and (b)(3)c. of this section and
the recorded governing documents provide for an adult, senior, or retirement housing
facility or community and the governing documents lack an amendatory procedure, prohibit
amendments, or restrict amendments until a specified future date, then that housing facility
Packet Pg. 2815
R.3.b
or community shall be deemed housing for older persons intended and operated for
occupancy by persons 55 years of age or older. If those documents further provide a t3
prohibition against residents 16 years of age or younger, that provision shall be construed,
for purposes of the Fair Housing Act, to only apply to residents 18 years of age or younger, >
in order to conform with federal law requirements. Governing documents that can be
amended at a future date must be amended and properly recorded within one year after 06
that date to reflect the requirements for consideration as housing for older persons, if that
housing facility or community intends to continue as housing for older persons; and U-
c. The housing facility or community complies with rules made by the Secretary of the United 0
States Department of Housing and Urban Development pursuant to 24 CFR 100 for U)
verification of occupancy, which rules provide for verification by reliable surveys and
affidavits and include examples of the types of policies and procedures relevant to a
determination of compliance with the requirements of subsection (b)(3)b. of this section.
Such surveys and affidavits are admissible in administrative and judicial proceedings for
the purposes of such verification. t3
(c) Housing shall not fail to be considered housing for older persons if:
(1) A person who resides in such housing on or after October 1, 1989, does not meet the age U
requirements of this subsection, provided that any new occupant meets such age requirements;
or
0
(2) One or more units are unoccupied, provided that any unoccupied units are reserved for
occupancy by persons who meet the age requirements of this subsection.
(d) A person shall not be personally liable for monetary damages for a violation of this subsection if
such person reasonably relied in good faith on the application of the exemption under this subsection
relating to housing for older persons. For purposes of this subsection, a person may show good faith
reliance on the application of the exemption only by showing that:
2
(1) The person has no actual knowledge that the facility or the community is ineligible, or will
become ineligible, for such exemption; and
U)
(2) The facility or community has stated formally, in writing, that the facility or community complies
with the requirements for such exemption.
Secs. 14-80-14-101. - Reserved. g
DIVISION 2. -ADMINISTRATION AND ENFORCEMENT
a
Subdivision I. - In General
Secs. 14-102-14-130. - Reserved.
Subdivision II. - Fair Housing Director
Sec. 14-131. - Fair housing director.
The office and position of fair housing director is hereby created and established. The director shall
be appointed by and serve at the will of the executive director of the county housing authority. Such
director shall be chosen by the executive director on the basis of qualifications and experience. The fair
housing director shall serve under the supervision of the executive director. The executive director shall
appoint such assistants to the director as may be necessary, subject to budgetary limitations, and shall CL
provide the director required administrative support.
(Code 1979, § 13-116; Ord. No. 22-1986, § 6)
Packet Pg. 2816
R.3.b
Sec. 14-132. - Duties and powers of fair housing director.
The duties, functions, powers and responsibilities of the fair housing director shall include:
(1) To implement the provisions of this article and rules and regulations promulgated hereunder
and all county ordinances, codes, rules and regulations pertaining to housing discrimination; 06
(2) To receive, initiate and investigate any and all complaints alleging violations of this article, and
take appropriate action to eliminate, conciliate, prevent and/or initiate prosecution of any such U
violations;
(3) To provide assistance in all matters relating to equal housing opportunity; U)
(4) To publish and disseminate public information and educational materials relating to housing
discrimination;
(5) Subject to the approval of the fair housing board and the board of county commissioners, to
enter into written working agreements, as may be necessary to effectuate the purposes of this
article, with federal, state and local agencies involved in reducing housing discrimination;
(6) To keep the fair housing board fully and currently informed of all complaints alleging violations
of this article and actions taken thereon, and of other actions taken by the director under the 0
provisions of this section; and to attend all meetings of the fair housing board;
r-
(7) To implement recommendations received from the fair housing board concerning this article
and the carrying out of its purpose. When, in the opinion of the director, effectuating any such
recommendation would be undesirable or infeasible, he will promptly so report to the board with
his reasons. Any differences of judgment not susceptible of agreement between the board and
director will be referred to the executive director for his determination; and the board may, if it
feels the matter warrants, further carry any such disagreement to the board of county
commissioners for decision;
(8) To make semiannual reports to the board of county commissioners through the executive
director, and to the fair housing board, concerning the status of housing discrimination in the
county and the enforcement of the provisions of this article, and to make recommendations
concerning methods by which to reduce such discrimination; and
(9) To perform such other administrative duties as may be assigned by the executive director.
(Code 1979, § 13-117; Ord. No. 22-1986, § 7) E
Secs. 14-133-14-162. - Reserved.
Subdivision III. - Fair Housing Board
Sec. 14-163. - Established; members.
LU
The county fair housing board is hereby created and established. The county housing authority is
hereby designated as the fair housing board and shall consist of five members appointed by the board of
county commissioners.
(1) Qualifications of members. Members of the board shall be permanent residents and electors of
the county. Appointments shall be made on the basis of community representatives, civic pride,
integrity, experience and interest in the area of equal housing opportunities.
CL
(2) Term of office. The terms of office of all members of the board shall be the same as for the
housing authority as stipulated in F.S. §421.05.
(3) Organization of the board. The members of the board shall elect the chair and such other
officers as may be deemed necessary or desirable, who will serve at the will of the board. Three
Packet Pg. 2817
R.3.b
members of the board constitute a quorum to hold a meeting or take any action. The majority
vote of those present at a duly constituted meeting shall be sufficient for all actions. Members t3
shall serve without compensation but shall be entitled to be reimbursed for necessary expenses
incurred in the performance of their duties upon approval by the board of county >
commissioners.
06
(4) Meetings of the board. Meetings of the board shall be held monthly or more frequently. Notice
of the time and place of the meeting shall be given to all board members and all parties
scheduled to be heard, and shall be made public. The chair may call an unscheduled meeting, U
and meetings may also be called by written notice signed by three members of the board. All 0
meetings shall be public. The executive director shall provide adequate and competent clerical U)
and administrative and professional support as may reasonably be required by the board for the
proper performance of its duties. The executive director of the housing authority shall provide a
regular meeting place for the board. .�
(5) Executive director. The executive director of the county housing authority shall perform as the 0
executive director of the fair housing board and is responsible for providing administrative
services and facilities for the fair housing ordinance enforcement, using funds provided by the
board of county commissioners.
(Code 1979, § 13-118; Ord. No. 22-1986, § 8) 0
r-
0
Sec. 14-164. - Duties and powers.
The board shall have the following duties, powers, functions and responsibilities:
(1) To make recommendations to the fair housing director for the enforcement of this article and
the carrying out of its purpose;
(2) To review the fair housing director's actions and decisions on all complaints of housing
discrimination received by or initiated by him;
U)
(3) To conduct public hearings and make determinations concerning the fair housing director's
actions and decisions on such complaints upon appeal by either complainant or respondent, at
the request of the fair housing director, or when the board deems it desirable, on its own ii
initiative; g
(4) In carrying out the functions of subsections (2) and (3) of this section, the board shall have the
power to uphold, rescind, reverse or modify the actions, decisions and recommendations of the
fair housing director;
(5) To administer oaths and compel the attendance of witnesses, and the production of evidence
before it, by subpoenas issued by the chair of the board; z
LD
(6) To review and comment on the fair housing director's semiannual report, forwarding such
comment to the board of county commissioners through the executive director; and
(7) In coordination with the fair housing director, to take other informational, educational or
persuasive actions to implement the purposes of this article.
(Code 1979, § 13-119; Ord. No. 22-1986, § 9)
Secs. 14-165-14-181. - Reserved.
CL
Subdivision IV. -Violations
Sec. 14-182. - Procedure.
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R.3.b
a An person aggrieved b an unlawful practice prohibited b this article must file a written complaint( ) Any gg Y p p Y p
with the fair housing director or his designated representative within 45 days after the alleged t3
unlawful practice occurs.
(b) Upon receipt of a complaint, the director shall serve upon the individual charged with a violation
(hereinafter referred to as the respondent), the complaint and a written resume setting forth the rights 06
of the parties, including, but not limited to, the right of the respondent to a hearing on the matter
before adjudication by the fair housing board. Such service may be by personal service or by
certified mail. U
(c) The director shall immediately investigate the complaint. Within 60 days from the date of the receipt >
of the complaint, the director shall file a written report with the board, with findings of fact.
(d) Copies of the director's report shall also be sent to the complainant and the respondent. Either may,
within ten days after such service, request a hearing before the board.
(e) When the director, the complainant, or the respondent requests a hearing by the board, or when the 0
board itself determines that a hearing is desirable, the board shall call and conduct a hearing in
accordance with section 14-183.
(f) Where no board hearing is requested or directed, the board will expeditiously review the report of the
director, and shall approve, rescind, reverse or modify the director's findings and determinations of
action.
0
(g) The director shall carry into execution the actions specified in his report, as approved or altered by
the board in its review, or, if a hearing is held, shall carry into execution the actions determined upon
by the board in the hearing.
(h) The director in his report, as reviewed by the board, or the board in its review or its hearing may
determine:
°
(1) That the complaint lacks grounds upon which to base action for violation of this article;
(2) That the complaint has been adequately dealt with by conciliation of the parties;
(3) That the complaint can be dealt with by adjudicative orders issued by the director; or
0
(4) That the case warrants filing charges against the offending party in the appropriate court.
In some cases, both conciliation and adjudicative orders, and initiation by court action may be g
indicated.
(i) If the director, after review or hearing by the board, issues an adjudicative order to correct, adjust,
conciliate, prevent or prohibit any unlawful activity prohibited by this article, and the respondent
refuses or fails to comply with or obey such adjudication, the director shall forthwith request that the
state attorney file a complaint in the appropriate court. cn
Q) The provisions of rule 1.090, Florida Rules of Civil Procedures, shall govern the computation of any
period of time prescribed by this article.
(k) All papers or pleadings required by this article to be served may be served by certified mail or in
accordance with the provisions of rule 1.080(b), Florida Rules of Civil Procedure.
(Code 1979, § 13-120; Ord. No. 22-1986, § 10)
Sec. 14-183. - Hearings before the fair housing board.
CL
(a) When a hearing is required before the fair housing board, as specified in section 14-182(e), the
board shall schedule the hearing and serve upon all interested parties a notice of time and place of t3
the hearing. The hearing shall be held promptly, but not less than 15 days after the service of such
notice and of the director's written report (section 14-182(d)).
Packet Pg. 2819
R.3.b
(b) The parties, or their authorized counsel, may file such statements with the board, prior to the
hearing date, as they deem necessary in support of their positions. The parties may appear before t3
the board in person or by duly constituted representatives and may have the assistance of counsel.
The parties may present testimony and evidence, and the right to cross examine witnesses shall be >
preserved. All testimony shall be given under oath or by affirmation. The board shall not be bound by
strict rules of evidence pertaining to courts of law or equity, but due process shall be observed. The 06
board shall keep a full record of the hearing, which record shall be public and open to inspection by
any person; and upon request by any principal party to the proceedings, the director shall furnish U-
such party a copy of the hearing record at cost. The constitutional rights of the respondent not to
incriminate himself shall be scrupulously observed. >
U)
(c) The board shall make a finding of fact and a determination of action to be taken (section 14-182(h)).
(d) The board may issue subpoenas to compel access to or the production or appearance of premises,
records, documents, individuals and other evidence or possible sources of evidence relative to the
complaint at issue. 0
(e) Upon written application to the board, the respondent shall be entitled to the issuance of a
reasonable number of subpoenas by and in the name of the board, to the same extent and subject to
the same limitations as subpoenas issued by the board of county commissioners itself. Subpoenas
issued at the request of the respondent shall show on their face the name and address of such
respondent and shall state that they are issued at his request.
0
(f) Witnesses summoned by subpoena of the board shall be entitled to the same witness and mileage
fees as are witnesses in proceedings in the state courts. Fees payable to a witness summoned by a
subpoena issued at the request of the respondent shall be paid by him unless he is indigent, in
which case the county shall bear the cost of the fees.
(g) Within ten days after service of a subpoena upon any person, such person may petition the board to
revoke or modify the subpoena. The board shall grant the petition if it finds that the subpoena
requires appearance or attendance at an unreasonable time or place, that it requires production of
evidence that does not relate to any matter under investigation, that it does not describe with
sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for
other good reason.
(h) In case of refusal to obey a subpoena, the board, or the person at whose request it was issued, may ii
petition for its enforcement in the appropriate court. g
(Code 1979, § 13-121; Ord. No. 22-1986, § 11)
Sec. 14-184. -Other remedies.
Nothing in this division shall prevent any person from exercising any right or seeking any remedy to
which he might otherwise be entitled, or from filing any complaint with any other agency or any other court
having proper jurisdiction.
(Code 1979, § 13-122; Ord. No. 22-1986, § 12)
Sec. 14-185. - Report to real estate commission.
If a real estate broker, a real estate salesman, or an employee thereof has been found to have
committed an unlawful practice in violation of this article, or has failed to comply with an order issued by
CL
the director, the director shall, in addition to the other procedures and penalties set forth herein, report the
facts to the real estate commission of the state.
(Code 1979, § 13-123; Ord. No. 22-1986, § 13)
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