Sec. 408.515. - Administrative hearing.

(a) If a timely election is not made under Section 408.513 of this Part, the Commission, or its designee, shall provide for a hearing on the charge. (b) Except as provided by subsection (d) of this Section, the Florida Administrative Procedures Act (F.S. Ch. 120) governs hearings under this Section. (c) When the Commission, or its designee, has issued a reasonable cause finding and a judicial election has not been made under Section 408.513 nor a settlement agreement entered between the complainant and respondent, with the approval of the aggrieved person on whose behalf the charge was issued, the Commission, or its designee shall arrange for a hearing to be conducted by a Hearing Officer. The Commission, or its designee, shall then review the Hearing Officer's recommended order and the record and issue its final order within 30 calendar days of the date it receives the recommended order. (d) A hearing under this Section may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person seeking relief with respect to that discriminatory housing practice. (e) The General Counsel's office shall provide legal representation for the complainant in such administrative hearings. (f) Any party to the complaint shall have the right to petition for judicial review of the Commission's, or its designee's, final order in a court of competent jurisdiction. Such review shall be limited to a review of the Commission's, or its designee's, written document expressing its action and the record of the proceedings conducted by the Commission, or its designee, under this Section. A reviewing court may modify, revoke or remand the final order only upon a finding that such order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the essential requirements of law. (g) The Commission, or its designee may seek enforcement of a final order issued under this Section by filing a petition for enforcement in a court of competent jurisdiction. Such a petition for enforcement may request declaratory relief, temporary or permanent equitable relief, a fine, forfeiture, penalty and/or issuance of a money judgment for actual damages, attorney's fees and costs, as provided in the Commission's, or its designee's, final order. A court considering such petition shall grant it unless there is a showing by the respondent, based upon the record of the proceedings which were conducted under this Section, that the order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the substantial requirements of law. (h) If before the expiration of 30 days after the date the final order has been issued, the Commission, or its designee has not sought enforcement of such final order under subsection (g) of this Section, any person entitled to relief under the order may petition for a decree enforcing the order in a court of competent jurisdiction. (Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 23)