Administrative enforcement; preliminary matters

(a)

Complaints and answers.

(1)

An aggrieved person may, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the administrator alleging such discriminatory housing practice. The administrator, on the administrator's own initiative, may also file such a complaint.

(2)

The administrator may also investigate housing practices to determine whether a complaint should be brought under this article.

(3)

Upon the filing of such a complaint:

a.

The administrator shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article;

b.

The administrator shall, not later than ten (10) days after such filing or the identification of an additional respondent under subsection (c), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint;

c.

Each respondent may file, not later than ten (10) days after receipt of notice from the administrator, an answer to such complaint.

(4)

Complaints and answers shall be in writing, under oath or affirmation, in the form prescribed by the administrator, and may be reasonable and fairly amended at any time.

(b)

Investigation.

(1)

The administrator shall commence investigating the allegations in a complaint filed with the administrator, or a complaint that the federal government has referred to the administrator or has deferred jurisdiction over the subject matter of the complaint to the administrator, within thirty (30) days after receipt of such complaint.

(2)

The administrator shall make an investigation of the alleged discriminatory housing practice and complete such investigation within one hundred (100) days after the date the complaint is filed, unless it is impracticable to do so.

(3)

If the administrator is unable to complete the investigation within one hundred (100) days after the date the complaint is filed, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so.

(4)

The administrator shall make a final administrative disposition of a complaint within one (1) year after the date the complaint is filed, unless it is impracticable to do so. If the administrator is unable to make a final administrative disposition within one (1) year after the date the complaint is filed, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so.

(c)

Additional or substitute respondent.

(1)

A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection (a), to such person, from the administrator.

(2)

Such notice, in addition to meeting the requirements of subsection (a), shall explain the basis for the administrator's belief that the person to whom the notice is addressed is properly joined as a respondent.

(d)

Conciliation.

(1)

During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the administrator, the administrator shall, to the extent feasible, engage in conciliation with respect to such complaint.

(2)

A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the administrator.

(3)

A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

(4)

Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the administrator determines that disclosure is not required to further the purposes of this article.

(e)

Prohibitions and requirements with respect to disclosure of information.

(1)

Nothing said or done in the course of conciliation under this article may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.

(2)

Notwithstanding subsection (1), the administrator shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the administrator's investigation, the final investigative report relating to that investigation and other information derived from the investigation, provided the release of such other information derived from the investigation does not place an excessive burden on the complainant that might discourage the filing of complaints.

(f)

Prompt judicial action.

(1)

If the administrator concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the administrator may authorize the city attorney to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint, in accordance with F.S. § 760.34(8).

(2)

Upon receipt of such authorization, the city attorney shall promptly commence and maintain such an action.

(3)

A temporary restraining order or other order granting preliminary or temporary relief under this article shall be governed by the applicable Florida Rules of Civil Procedure.

(4)

The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and section 12-112.

(g)

Investigative report. At the end of each investigation under this section, the administrator shall prepare a final investigative report containing:

(1)

The names and dates of contacts with witnesses;

(2)

A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;

(3)

A summary description of other pertinent records;

(4)

A summary of witness statements; and

(5)

Answers to interrogatories.

Final report under this subsection may be amended if additional evidence is later discovered.

(h)

Reasonable cause determination and effect.

(1)

The administrator shall, within one hundred (100) days after the filing of the complaint, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so, or unless the administrator has approved a conciliation agreement with respect to the complaint. If the administrator is unable to make the determination within one hundred (100) days after the filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so.

(2)

For the purposes of this article, "reasonable cause" shall be based upon sufficiently trustworthy information which would lead an impartial observer to a belief that a discriminatory housing practice has occurred or is about to occur.

(3)

If the administrator determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall, except as provided in paragraph (4) of this subsection, immediately issue a charge on behalf of the aggrieved person, for further proceedings under section 12-112.

(4)

If the administrator determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the administrator shall immediately refer the matter to the city attorney for appropriate action under section 12-114(c), instead of issuing a charge.

(i)

Charge. Such charge:

(1)

Shall consist of a short and plain statement of the facts upon which the administrator has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;

(2)

Shall be based on the final investigative report; and

(3)

Need not be limited to the facts or grounds alleged in the complaint.

(j)

Service of copies of charge. Within twenty (20) days after the administrator issues a charge under this section, the administrator shall cause a copy thereof, together with information as to how to make an election under section 12-112(a) and the effect of such an election, to be served:

(1)

On each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and

(2)

On each aggrieved person on whose behalf the complaint was filed.

(k)

Dismissal. If the administrator determines that no reasonable causes exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall promptly dismiss the complaint. The administrator shall make public disclosure of each such dismissal.

(l)

Pending civil trial. The administrator may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law, seeking relief with respect to that discriminatory housing practice.

(Ord. No. 92-147, § 2, 9-10-92)