Ordinance 009-1991 .•t
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"91 23 P 4 :1 3 Office Of Management And Budget
ORDINANCE NO 009 -1991
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AN ORDINANCE AMENDING ORDINANCE NO.022-1986,
THE MONROE COUNTY FAIR HOUSING ORDINANCE, IN
ORDER TO ADDITIONALLY PROHIBIT DISCRIMINATION
IN THE SALE OR RENTAL OF HOUSING BASED UPON
HANDICAP OR FAMILIAL STATUS ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING ANEFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . Sec. 2 of Ordinance No. 022-1986 is hereby
amended to read as follows :
5 . "Discrimination" means any difference in treatmentl
based on race, color, religion, ancestry, sex, national°
origin, handicap, place of birth, sexual preference, or
familial status .
Section 2. Sec. 5 of Ordinance No. 022-1986 is hereby
amended ho read as follows :
Section 5. Unlawful Practices. In connection
with any of the transactions set forth in this section
which affect any housing operation 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 Monroe
County for a person, owner, financial institution, real
f
estate broker or real estate salesman, or any
representative of the above to:
1. 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 his
race, color, religion, ancestry, sex, place of birth,
handicap, national origin, sexual preference, or
familial status; or
2. To discriminate against a person in the terms ,
conditions or privileges of the sale, purchase, rental
or lease of any housing accommodation, or in the
furnishing of facilities or services in connection
therewith; or
3 . To refuse to receive or transmit a bona fide
offer to sell, purchase, rent or lease any housing
accommodation form or to a person because of his race,
color, religion, ancestry, sex, place of birth,
handicap, national origin, sexual preference, or
familial status ; or
4. To evict or to refuse to negotiate for the
sale, purchase, rental or lease of any housing
accommodation to a person because of his race, color,
religion, ancestry, sex, place of birth, handicap,
national origin, sexual preference, or familial status;
or
5. To represent to a person that any housing
accommodation is not available for inspection, sale,
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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 his race, color,
religion, ancestry, sex, place of birth, handicap,
national origin, sexual preference or familial status
when such dwelling is in fact available to persons who
are financially qualified; or
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, which indicates any discrimination or
any intent to discriminate; or
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; or
8. To induce or discourage, or to attempt to
induce or discourage:
a. the sale
b. the purchase
c. the rental
d. the lease
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111111
e. the listing for a. , b. , or d. , above, of any
housing accommodations in an areas, by means of:
(1) causing panic
(2) inciting unrest, or
(3) creating or playing upon fear, by
representing that the presence or anticipated
presence in that area of persons of any
particular race, color, religion, ancestry,
sex, place of birth, handicap, national
origin, sexual preference, or familial
status, will or may result in:
(a) the lowering of property values in the area.
(b) the increase in criminal or anti-social
behavior in the area; or
(c) a decline in the quality of the schools
serving the area
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 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, religion,
ancestry, sex, place of birth, handicap, national
origin, sexual preference or familial status of such
person or of any person associated with him in
connection with such loan 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 dwelling or
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 participation, on account
of race, color, religion, ancestry, sex, place of
birth, handicap, national origin, sexual preference or
familial status .
Section 3. If any section, subsection, sentence,
clause or provision of this Ordinance is held invalid, the
remainder of this Ordinance shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 15th day of May , A.D. , 1991 .
Mayor Harvey
Mayor Pro Tem London Yes_
Commissioner Cheal Yes
Commissioner Jones
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:
EFFECTIVE DATE:
APPROVED AS T^FC M
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BRANCJjI OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL. (305)743-9036 KEY WEST,FLORIDA 33040 TEL. (305)852-9253
TEL.(305)294.4641
May 28, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 009-1991 amending Ordinance No. 022-1986, the Monroe
County Fair Housing Ordinance, in order to additionally pro-
hibit' discrimination in the sale or rental of housing based
upon handicap or familial status; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on May 15 , 1991. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex, officio Clerk to the Board
of Count. ommiss ioners
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BY: AL.I 111/ _ i
Rosalie L. Co oily /
Deputy Clerk
cc : Municipal Code Corporation
Mayor W. Harvey
Mayor Pro Tem J. London
Commissioner E. Cheal
Commissioner D. Jones
Commissioner J. Stormont
County Attorney R. Ludacer
County Administrator T. Brown
Mana.ement Servicces Director G. Harper
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FLORMA I`PAATf ' OF STATE
Jim Smith
Secretary of State
Room 2002, 'b'IVISION OF ELECTIONS
r( rf. ito1;I 'a 1ah i ssee, Florida 32399-0250
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May 30 , 1991
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr . Kolhage : -
Pursuant to the provisions of Section 125 .66 , Florida Statutes ,
this will acknowledge your letters of May 28 , 1991 and
certified copies of Monroe County Ordinance No' s . 91-6 through
91-10 , which were filed in this office on May 30 , 1991 .
Sincerely,
0:1-6k"-a-
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
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