Enforcement by administrator

(a)

Election of judicial determination. When a charge is filed under section 12-111, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (b) in lieu of a hearing under subsection (c). The election must be made not later than twenty (20) days after the receipt by the electing person of service under section 12-111(j) or, in the case of the administrator, not later than twenty (20) days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respondents to whom the charge relates.

(b)

Civil action for enforcement when election is made for such civil action.

(1)

If an election is made under subsection (a), the administrator shall authorize, and not later than thirty (30) days after the election is made, the city attorney shall commence and maintain, a civil action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by this article, and state and/or federal law.

(2)

Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.

(3)

In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 12-113. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under section 12-113 shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.

(c)

Administrative hearing in absence of election.

(1)

If a timely election is not made under subsection (a) with respect to a charge filed under section 12-111, the administrator shall provide an opportunity for a hearing, on the record, on the charge.

(2)

The administrator shall arrange for the hearing to be conducted by a hearing officer.

(3)

The hearing officer shall commence the hearing under this section no later than one hundred twenty (120) days following the issuance of the charge, unless it is impracticable to do. If the hearing officer is unable to commence the hearing within one hundred twenty (120) days after the issuance of the charge, the hearing officer shall notify the administrator, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for not doing so.

(4)

The hearing officer shall make findings of fact and conclusions of law within sixty (60) days after the end of the hearing under this section, unless it is impracticable to do so. If the hearing officer is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty-day period thereafter, the hearing officer shall notify the administrator, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so.

(5)

The city attorney shall provide legal representation for the complainant in such administrative hearings.

(6)

Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.

(7)

A hearing officer may not continue a hearing 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.

(d)

Order; administrative penalties.

(1)

If the hearing officer finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such hearing officer shall promptly issue a recommended order to the administrator prohibiting the practice and recommending affirmative relief from the effects of the practice, including quantifiable damages and reasonable attorney's fees and costs.

(2)

No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article.

(3)

In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by governmental agency, the administrator shall, not later than thirty (30) days after the date of the issuance of such order (or, if the order is judicially reviewed, thirty (30) days after such order is in substance affirmed upon such review):

a.

Send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and

b.

Recommend to that governmental agency appropriate disciplinary action; including, where appropriate, the suspension or revocation of the license of the respondent.

(4)

In the case of an order against a respondent whom another order was issued within the preceding five (5) years under this section, the administrator shall send a copy of each such order to the city attorney.

(5)

The relief provided for under this section are applicable regardless of whether the administrator or an aggrieved person initiated the investigation under this article.

(6)

If the hearing officer finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such hearing officer shall enter an order dismissing the charge. The administrator shall make such disclosure of each such dismissal.

(e)

Review by administrator; service of final order.

(1)

The administrator may review any finding, conclusion, or order issued by a hearing officer under this section. Such review shall be completed not later than thirty (30) days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final.

(2)

The administrator shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding.

(f)

Judicial review. Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought, may petition for a review of such order in a court of competent jurisdiction. Such review shall be limited to a review of the administrator's and hearing officer's written documents expressing their action and the record of the proceedings conducted by the hearing officer 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. Costs or fees may not be assessed against the administrator or the city in any appeal from a final order issued under this section. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay an order of the administrator.

(g)

Court enforcement of administrative order.

(1)

The administrator, or any person entitled to relief under a hearing officer's order, may seek enforcement of a final order issued under this section by filing a petition for enforcement, in a court of competent jurisdiction, praying that the final order be enforced and for appropriate temporary or permanent relief, or restraining 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.

(2)

The administrator shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the administrator to the parties to the proceeding before the hearing officer.

(h)

Relief which a court may grant; fines. Upon the filing a petition under subsection (f) or (g), the court may:

(1)

Grant to the petitioner, or any other party, such temporary or permanent relief, restraining order, or other order as the court deems just and proper;

(2)

Affirm, modify, revoke, or set aside, in whole or in part, the order, or remand the order for further proceedings;

(3)

Enforce such order to the extent that such order is affirmed or modified;

(4)

Impose the following fines, pursuant to F.S. § 760.34(8), for each violation of division 2 of this article or other provision of this article, to vindicate the public interest:

a.

Up to ten thousand dollars ($10,000.00) if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

b.

Up to twenty-five thousand dollars ($25,000.00) if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and

c.

Up to fifty thousand dollars ($50,000.00) if the respondent has been adjudged to have committed two (2) or more discriminatory housing practices during the seven-year period ending on the date of the filing of this charge;

except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs b. and c. may imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

(i)

Intervention. Any party to the proceeding before the hearing officer may intervene in a civil action, regarding the final order from such proceeding, brought pursuant to this section.

(j)

The court shall award reasonable attorney's fees and costs to the city in any action in which the city prevails.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, § 17, 9-19-96)