Enforcement by private persons

(a)

Civil action.

(1)

Under the provisions of F.S. § 760.35, an aggrieved person may commence a civil action in a court of competent jurisdiction not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.

(2)

An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 12-111(a) and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.

(3)

An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the administrator if a hearing officer has commenced a hearing on the record under this article with respect to such charge.

(b)

Relief which a court may grant. In a civil action under this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (c), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, reasonable attorney's fees and costs, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be deemed appropriate).

(c)

Effect on certain sales, encumbrances, and rentals. Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the administrator or civil action under this article.

(d)

Intervention by city attorney. Upon timely application, the city attorney may intervene in such civil action, if the city attorney certifies that the case is of general public importance. Upon such intervention, the city attorney may obtain such relief as would be available to the city attorney under section 12-114(d) in a civil action to which such section applies.

(Ord. No. 92-147, § 2, 9-10-92)