Enforcement by the city attorney

(a)

Pattern or practice cases.

(1)

Whenever the city attorney has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, the city attorney may commence a civil action in a court of competent jurisdiction.

(2)

For the purposes of this section, "reasonable cause" shall be based upon sufficiently trustworthy information which would lead an impartial observer to a belief that a person or persons is engaged in the actions described in paragraph (1).

(3)

Whenever the administrator has reason to believe that a basis may exist for the commencement of proceedings against any respondent under this subsection, the administrator shall transmit the information upon which such belief is based to the city attorney.

(b)

Breach of a conciliation agreement.

(1)

Whenever the administrator has reasonable cause to believe that a respondent has breached a conciliation agreement, the administrator shall refer the matter to the city attorney with a recommendation that a civil action be filed for the enforcement of such agreement.

(2)

The city attorney may commence a civil action in a court of competent jurisdiction for appropriate relief with respect to breach of a conciliation agreement referred to the city attorney by the administrator.

(3)

A civil action may be commenced under this subsection not later than the expiration of ninety (90) days after the referral of the alleged breach of a conciliation agreement.

(c)

Referral of discriminatory housing practice for enforcement.

(1)

The city attorney may commence a civil action in a court of competent jurisdiction for appropriate relief with respect to a discriminatory housing practice referred to the city attorney by the administrator under section 12-111(h)(4).

(2)

A civil action under this subsection may be commenced not later than the expiration of eighteen (18) months after the date of the occurrence or the termination of the alleged discriminatory housing practice.

(d)

Relief which a court may granted. In a civil action under subsections (a), (b) or (c), the court may:

(1)

Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this article as is necessary to assure the full enjoyment of the rights granted by this article;

(2)

Award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and

(3)

Impose the following fines, pursuant to F.S. § 760.34(8), to vindicate the public interest;

a.

Up to fifty thousand dollars ($50,000.00), for a first violation; and

b.

Up to one hundred thousand dollars ($100,000.00), for any subsequent violation.

(e)

Enforcement of subpoenas. The city attorney, on behalf of the board, may enforce a subpoena issued under this chapter in appropriate proceedings pursuant to law.

(f)

Intervention in civil actions. Upon timely application, any person may intervene in a civil action commenced by the city attorney under subsections (a), (b) or (c) which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under section 12-113.

(g)

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

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, § 18, 9-19-96)

Secs. 12-115—12-119. - Reserved.

ARTICLE V. - DOMESTIC PARTNERSHIP REGISTRY