Chapter 57 - DISCRIMINATION

Sec. 56.44. - Appeals. Subtitle B - LAND DEVELOPMENT CODE Chapter 57 - DISCRIMINATION[1]

Footnotes: --- (1) ---

Editor's note— Ord. of 4-23-1973, § 1, amended this Code by adding ch. 57, §§ 57.01—57.13.

ARTICLE I. - CHAPTER 57 REVIEW BOARD

Sec. 57.01. - Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

"Age." The prohibition against age discrimination shall be limited to individuals who are at least forty (40) years of age.

(2)

The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.

(3)

The term "Board," unless a different meaning clearly appears from the context, means the Chapter 57 Review Board created by this Chapter.

(4)

"Employee" means any individual employed by the employer except that neither the term "employee" nor this title includes any individual employed by his or her own parents, spouse or child, nor in the domestic service of any person.

(5)

"Employment agency" means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work.

(6)

"Employer" means any person who has more than five (5) full-time employees working more than thirty (30) hours per week, or who has more than ten (10) employees irrespective of the number of hours per week, in each of thirteen (13) or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

(7)

The term "family" includes the grandparents, parents, children, brothers, and sisters, whether by marriage or blood, and their spouses and children of either the property owner or spouse of the property owner.

(8)

"Gender Identity" includes actual or perceived sex, and shall also include a person's gender identity, self-image, appearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different from that traditionally associated with the sex assigned to that person at birth.

(9)

"Handicapped persons" or "persons with a disability" mean persons who:

a.

Have a physical or mental impairment which substantially limits one or more of such persons' major life activities;

b.

Have a record of such impairment; or

c.

Are regarded as having such an impairment. A handicapped person does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of employment, or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

(10)

"Human Relations Official" means the Human Relations Official of the Human Relations Office.

(11)

"Labor organization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

(12)

The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

(13)

The term "public accommodation, resort or amusement" shall be as defined in Section 57.08.

(14)

The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that it is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

(15)

The term "sexual orientation" means the condition of being heterosexual, homosexual or bisexual. This definition is not intended to permit any practice prohibited by federal, state or local law and it is not intended to require or create any special preferences in employment or contracting. Moreover, none of the subcategories within the definition of "sexual orientation" shall be deemed as a minority entitled to any rights or privileges as set forth in Article II or III of this Chapter regarding MBE/WBE.

(16)

The term "unlawful discriminatory practice" includes only those practices specified in Section(s) 57.08 through 57.12 and 57.14.

(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. of 12-2-2002, § 1, Doc. #021202901; Ord. No. 2014-34, § 1, 8-11-2014, Doc. #1408111202)

Sec. 57.02. - Chapter 57 Review Board Created; Composition; Appointment, Term, Compensation of Members; Filling of Vacancies.

There hereby is created a Chapter 57 Review Board. It shall consist of seven (7) members fairly reflective of the Orlando community to be appointed by the Mayor, and approved by City Council. Members shall serve without compensation. The Human Relations Official shall be an ex officio, nonvoting member of the Board. All appointments to the Board shall be for a term of two (2) years. In the event of the death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member has been appointed.

(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 9-18-1989, Doc. #23312; Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 1, Doc. #0705071002)

Sec. 57.03. - Functions of Board.

The functions of the Board shall be:

(1)

To foster mutual understanding and respect among all racial, religious, age, disability and ethnic groups in the City of Orlando;

(2)

To encourage equality of treatment for, and prevent discrimination against, any racial, religious, age, disability or ethnic group or its members;

(3)

To cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions;

(4)

To make such investigations and studies in the field of human relations as in the judgment of the Board will aid in effectuating its general purposes;

(5)

To assist various groups and agencies of the community to cooperate in educational campaigns devoted to the elimination of group prejudices, racial tension, intolerance or discrimination;

(6)

To aid in permitting the City of Orlando to benefit from the fullest realization of its human resources; and

(7)

To accept grants and donations on behalf of the City from foundations and others for the purpose of carrying out the above listed functions, subject to the approval of the Mayor and City Council.

(8)

To hear appeals of decisions from the Certification Board as provided in Section 57.30.

(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 2, Doc. #0705071002)

Sec. 57.04. - Powers and Duties of Board.

The powers and duties of the Board shall be:

(1)

To receive, to review and copy documents deemed necessary by the Board, cause investigations of and pass upon complaints and otherwise cause investigations of:

(a)

Racial, religious and ethnic group tension, prejudice, intolerance, bigotry and disorder occasioned thereby;

(b)

Discrimination against any person, group of persons, organization or corporation, in violation of the provisions of this Chapter.

(2)

To propose reasonable rules and regulations as are necessary to effectuate the policies of this Chapter. Such rules and regulations shall become effective upon approval by City Council.

(3)

To hold hearings and mediation conferences, compel the attendance of witnesses, compel the production of documents for investigative purposes and for introduction at hearings, administer oaths and take the testimony of any person under oath.

(4)

To perform such other duties as may be necessary to accomplish the function of the Board as defined in Section 57.03 of this Chapter.

(Ord. of 4-23-1973, § 1; Ord. of 11-25-1974, § 1; Ord. of 10-20-1980, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748)

Sec. 57.05. - Filing of Complaints.

Any person alleging subjection to an unlawful discriminatory practice may file with the Board or Human Relations Official a complaint in writing, sworn to or affirmed, which shall state the name and address of the complainant and the person or persons against whom complaint is made. It also shall state the alleged facts surrounding the alleged unlawful discriminatory practice and such other information as the Board may require. A complaint shall be filed within one hundred eighty (180) days after the date of the alleged unlawful discriminatory practice in order to be processed under this Chapter. The Human Relations Official, on the Official's own initiative, may also file such a complaint and may also investigate housing practices to determine whether a complaint should be brought under this Chapter.

(Ord. of 4-23-1973, § 1; Ord. of 11-25-1974, § 2; Ord. of 8-29-1977, § 1; Ord. of 10-20-1980, § 2; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. No. 2014-34, § 2, 8-11-2014, Doc. #1408111202)

Sec. 57.06. - Processing Complaints.

(1)

Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official shall offer in writing the parties the opportunity to voluntarily mediate the complaint. If both parties agree, mediation shall be scheduled and held within thirty (30) days. Mediations may be conducted by one or more members of the Chapter 57 Review Board or by a Human Relations staff member who will not be assigned to the investigation in the event mediation fails.

(2)

Upon the filing of a complaint as set forth in Section 57.05, the Human Relations Official, within one hundred fifty (150) days, shall make such investigation as the Human Relations Official deems appropriate to ascertain facts and issues. If, within the one hundred fifty (150) days, the complaint is not resolved and if the Human Relations Official shall determine that there are reasonable grounds to believe an unlawful discriminatory practice has occurred and is susceptible of conciliation, then the Human Relations Official shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made by the parties thereto to reach a settlement. Where the Human Relations Official deems it necessary for the effective implementation of this Chapter, the Human Relations Official may designate or appoint agents or investigators to investigate or otherwise process alleged violations of the Chapter and to assist in attempted conciliation of apparent violations.

(3)

The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Agreements shall be signed by the Human Relations Official or on behalf of the Board by the Chairman or the Acting Chairman.

(4)

If the Human Relations Official determines that the complaint lacks reasonable grounds upon which to base a violation of this Chapter, the Human Relations Official shall report his findings and determination to the Board. The Board in its discretion may 1) accept the findings and determination and order that the matter be closed, 2) order such further investigation as may be deemed necessary, or 3) order that a public hearing of the complaint as outlined in subsection 6(b) below be conducted by the Board. If further investigation is ordered the results thereof shall be presented to the Board within thirty (30) days and shall be acted upon by the Board within twenty (20) days. Nothing in this section shall prohibit a complainant from requesting direct action or an order of investigation from the Board should the Human Relations Official fail to act on the filed complaint as required by this section.

(5)

If the Human Relations Official, with respect to a matter which involves an alleged contravention of this Chapter, fails to conciliate a complaint, after the parties, in good faith, have attempted such conciliation, as provided in Subsection (1) of this section, the Human Relations Official may present the complaint to the Board, which shall then have thirty (30) days within which to attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and all reasonable efforts shall be made by the parties thereto to reach a settlement amenable to all concerned. The Human Relations Official shall assist the Board in these conciliation attempts. The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement as provided in Subsection (2).

(6)

If the Board, with respect to a matter which involves an alleged contravention of this Chapter:

(a)

Fails to conciliate a complaint, after the parties, in good faith, have attempted such conciliation, or

(b)

Determines that a complaint is not susceptible of conciliation, the Board thereafter shall schedule a public hearing. The Board shall, within ten (10) days after failing to conciliate a complaint or determining that a complaint is not susceptible of conciliation, serve upon all interested parties a statement of charges, and a notice of the time and place of the hearing. The respondent or respondent's authorized counsel may file such statements with the Board prior to the hearing date as that party deems necessary in support of respondent's position. The hearing shall be open to the public. The hearing shall be held not less than fifteen (15) days or more than forty-five (45) days after service of the statement of charges and notice to the respondent signed by two (2) members of the Board. The interested parties may present testimony and evidence and shall have the right to cross-examine witnesses. All testimony and evidence shall be given under oath or by affirmation. The Board shall not be bound by strict rules of evidence prevailing in courts of law or equity. The Board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings, the Board shall furnish such party a copy of the hearing record, at such cost as is necessary for the preparation of the copy.

(7)

The Board shall make such findings of fact as are supported by the evidence and testimony presented at the hearing. Should the Board determine that an unlawful discriminatory practice has occurred or is occurring, the Board shall issue such remedial orders as are necessary to correct the unlawful discriminatory practice and to require cessation of such practice.

(8)

Should the discriminatory practice as determined by the Board fail to be resolved by remedial order, the Board shall refer the matter to the City Prosecutor for investigation and either prosecution of the offending party in a court of competent jurisdiction alleging such discriminatory acts as may constitute a violation of Sections 57.08 through 57.14 of this Chapter with penalties as set forth in Chapter 1.08 of the City Code, or in addition or in the alternative to apply to the Circuit Court for an order enjoining such discriminatory act or practice or requiring the offending party to refrain from such prospective discriminatory acts and for such other remedies as may be deemed necessary and proper.

(9)

When any act is required or allowed to be done at or within a specified time by this section, for cause shown the Board at any time in its discretion may order the period enlarged or may permit the act to be done when failure to act was the result of excusable neglect.

(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 2; Ord. of 11-25-1974, § 3; Ord. of 8-29-1977, §§ 2, 3; Ord. of 6-30-1980, § 1; Ord. of 10-20-1980, § 3; Ord. of 8-17-1981, §§ 1—3; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 3, Doc. #0705071002; Ord. No. 2014-34, § 3, 8-11-2014, Doc. #1408111202)

Sec. 57.07. - Appeals from Decisions of Chapter 57 Review Board or Human Relations Official.

Appeal from any final action taken, after hearing, by the Chapter 57 Review Board or Human Relations official shall be by writ of certiorari to Circuit Court, Ninth Judicial Circuit.

(Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 4, Doc. #0705071002)

Editor's note— Former §§ 57.07 and 57.08 were repealed by the city council on 3-23-1992, Doc. #25570, and new §§ 57.07 and 57.08 were adopted on 8-28-1995, Doc. #28748.

Sec. 57.08. - Unlawful Discriminatory Practices in Public Accommodations.

(1)

Prohibition. It shall be an unlawful discriminatory practice to discriminate or separate on the basis of race, color, religion, national origin, marital status, age, sex, sexual orientation, gender identity or handicap, any place of public accommodation in the City.

(2)

Establishments Covered. A place of public accommodation within the meaning of this Section shall include, but not be limited to, the following establishments which serve the public:

a.

Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than two units for rent or hire and which is actually occupied by the owner of such establishment as the owner's residence.

b.

Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station.

c.

Any bar, lounge, nightclub or other facility principally engaged in selling alcoholic beverages for consumption on the premises, or any facility principally engaged in selling both food and alcoholic beverages for consumption on the premises.

d.

Any motion picture house, theater, concert hall, sports arena, stadium, convention hall or other place of exhibition or entertainment.

e.

Any library or educational facility supported in part or whole by public funds, public conveyance (to include taxis, limousines, and buses), barber and beauty shop, hospital, laundry, swimming pool, nursery, kindergarten or day care center.

f.

Any establishment which is physically located within the premises of any establishment otherwise covered by this Section.

g.

Any establishment within the premises of which is physically located any covered establishment, and which holds itself out as serving patrons of the covered establishment.

(3)

Limitations and Exemptions.

a.

The provision of this Section shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of such an establishment within the scope of subsection (2) above.

b.

Nothing in this Section shall prohibit a religious organization, association or society, or any non-profit institution or organization, operating, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting facilities and accommodations which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons.

c.

Nothing in this Section shall prohibit the limiting of the use of kindergartens, nurseries, day care centers, theaters and motion picture houses to persons of a particular age group.

(Ord. of 8-28-1995, Doc. #28748; Ord. of 12-2-2002, § 2, Doc. #021202901; Ord. No. 2014-34, § 4, 8-11-2014, Doc. #1408111202)

Note— See the editor's note following § 57.07.

Sec. 57.09. - Unlawful Discriminatory Practices by Financial Institutions.

It shall be an unlawful discriminatory practice for any person, bank, trust company, private banker, savings bank, industrial bank, savings and loan association, credit union, investment company, mortgage company, insurance company or other financial institution or lender, doing business in the City and if incorporated, regardless of whether incorporated under the laws of the State of Florida, the United States or any other jurisdiction, to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, or any officer, agent, or employee thereof:

(1)

To discriminate against any such applicant or applicants because of the race, religion, color, national origin, sex, sexual orientation, gender identity or marital status, of such applicant or applicants or of any member, stockholder, director, officer, or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of any such financial assistance.

(2)

To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, religion, color, national origin, sex, sexual orientation, gender identity or marital status.

(Ord. of 4-23-1973, § 1; Ord. of 6-30-1980, § 4; Ord. of 10-20-1980, § 5; Ord. of 8-29-1983, Doc. #18037; Ord. of 12-2-2002, § 3, Doc. #021202901; Ord. No. 2014-34, § 5, 8-11-2014, Doc. #1408111202)

Sec. 57.10. - Aiding and Abetting in Discriminatory Practices.

It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this Chapter, or to attempt to do so.

(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037)

Sec. 57.11. - Retaliation.

It shall be an unlawful discriminatory practice for any person engaged in any activity to which this Chapter applies to retaliate or discriminate against any person because he has opposed any practices forbidden under this Chapter or because he has filed a complaint, testified or assisted in any proceeding under this Chapter.

(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037)

Sec. 57.12. - Violation of Conciliation Agreement.

It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to this Chapter to violate the terms of such agreement.

(Ord. of 4-23-1973, § 1; Ord. of 8-29-1983, Doc. #18037)

Sec. 57.13. - Religious Exception.

Nothing contained in this Chapter shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained, as it may be permitted by State and Federal law, rules and regulations.

(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 3; Ord. of 8-29-1983, Doc. #18037)

Sec. 57.14. - Unlawful Discriminatory Practices in Employment.

It shall be an unlawful discriminatory practice:

(1)

For an employer, because of the race, religion, color, national origin, sex, sexual orientation, gender identity, age, handicap or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. The addition of "sexual orientation" shall not be deemed to require the extension of any employee benefits to persons who are not married as that term is defined by Florida law.

(2)

For an employment agency to discriminate against any individual because of an individual's race, religion, color, national origin, sex, sexual orientation, gender identity, age, handicap or marital status in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.

(3)

For a labor organization, because of the race, religion, color, national origin, sex, sexual orientation, gender identity, age, handicap or marital status of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by any employer.

(4)

For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with perspective employment, which expresses, directly or indirectly, any limitation, specifications or discrimination as to race, religion, color, national origin, sex, sexual orientation, gender identity, age, handicap or marital status or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.

But nothing contained in this section shall be construed to prohibit discrimination where said discrimination is based on a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise; nor shall anything in this section be construed to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section be deemed to preclude the varying of insurance coverages according to an employee's age. The bona fide occupational exemption shall be interpreted narrowly.

(Ord. of 11-19-1973, § 4; Ord. of 8-29-1977, § 4; Ord. of 10-20-1980, § 6; Ord. of 8-29-1983, Doc. #18037; Ord. of 9-11-1989, Doc. #23287; Ord. of 8-28-1995, Doc. #28748; Ord. of 12-2-2002, § 4, Doc. #021202901; Ord. No. 2014-36, § 6, 8-11-2014, Doc. #1408111202)

Sec. 57.14.5. - Remedies.

For all charges of discrimination for which Chapter 57 of the Code of the City of Orlando is the only applicable law (including charges brought under Article V) and no state (under Ch. 760) or federal remedies (under Title VII, VIII, ADEA, ADA) are available, if a cause finding is made by the Human Relations staff and the case has not been successfully mediated or conciliated, either party may ask for the Chapter 57 Review Board to review the case as otherwise provided in Chapter 57. If either party is unsatisfied with the Chapter 57 Review Board determination, they may access the quasi-judicial hearing process as provided in Article XXXII of Chapter 2 of the City Code. The maximum penalty per violation shall be $500 and, under no circumstance shall any imprisonment or other criminal penalties be imposed for a violation of Chapter 57. The Human Relations staff, Board, quasi-judicial hearing officer and City Council shall interpret and determine the cases which come before them consistently with Title VII and Title VIII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, and other civil rights laws, as amended; technical guidance issued by the U.S. Equal Employment Opportunity Commission and U.S. Department of Housing and Urban Development; and case law interpreting the same.

(Ord. of 12-2-2002, § 5, Doc. #021202901)

ARTICLE II. - MINORITY BUSINESS ENTERPRISE

Sec. 57.15. - Definitions.

(1)

For the purposes of this Chapter, Minority Business Enterprise is defined as a business firm which is at least 51 percent (51%) owned by minority group members, or in the case of a publicly owned business, at least 51 percent (51%) of the stock of which is owned by minority group members. The minority ownership must exercise actual day to day management and control of the business. Minority Business Enterprises must be officially certified as such by the City of Orlando. A Minority Business Enterprise that has previously been designated as a recognized firm shall be deemed a certified firm, effective July 1, 2018.

(2)

Minority means Blacks, Hispanics, American Indians, Alaskan Natives, Asians, and Pacific Islanders.

(3)

Bid. "Bid" means all purchase prices sought by procurement methods as described in Chapter 7 of the Code of the City of Orlando.

(4)

Compliance Official means the City of Orlando MBE and Blueprint Division Manager.

(5)

Contract. "Contract" means all types of City agreements regardless of what they may be called, for the purchase or disposal of supplies or services or performance of construction with the following exceptions: salaries/employee benefits, taxes, judgements, travel, dues, pensions, utilities, subscriptions, auto allowances, debt service requirements, postage, and those contracts entered into by Greater Orlando Aviation Authority or Orlando Utilities Commission, either solely by those entities or with the City as cosignator. It includes contracts for a fixed price, cost, cost plus a fixed fee, or incentive contracts, contracts providing for the issuance of job or task orders, leases, letter contracts, and purchase orders.

(6)

Construction. "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure, building, roadway, or other public improvements of any kind to any public real property. It does not include the routine operation, repair or maintenance of existing structures, buildings or real property.

(7)

Services. "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term includes "Professional Services," but does not include employment agreements or collective bargaining agreements.

(8)

Supplies. "Supplies" means all property including, but not limited to equipment, materials, printing, insurance, and leases, but excluding land or a permanent interest in land.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092; Ord. of 2-25-1985, Doc. #19235; Ord. of 8-28-1995, Doc. #28748; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)

Sec. 57.16. - Establishment of Goals.

(1)

To achieve parity there is hereby established a goal of 18% of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to minority business enterprises meeting contract specifications; except for exclusions as set forth in the City's Policies and Procedures Section 2510.2 and 7.300(A).

(2)

The goals for minority group employment levels and minority enterprise subcontract levels to be achieved by contractors with the City for construction are hereby set at 18% and adjusted pursuant to 57.26.

(3)

On an annual basis the City Council shall review the levels of minority business enterprise participation for the City's contracting, subcontracting and work force participation, and shall in addition annually review minority population totals and percentages for the Orange County area. After said reviews, the City Council may adjust the percent goals for contracts, subcontracts and work force participation to reflect a more representative share of the minority population or available market of minority business enterprises.

(4)

In determining the MBE/WBE participation on a contract, the following facts will be taken into consideration:

(a)

On contracts where the estimated material portion of the contract exceeds thirty percent (30%) of the project cost and the materials in question are not available to be furnished through City certified MBE/WBE firms, the Compliance Official is authorized to effect reductions in the goals for the project to reflect the unavailability of the materials. It is intended that this provision will only be utilized for projects involving major equipment items such as pipe, equipment, fabrications, etc.

(b)

The costs of materials which will be used in determining the MBE/WBE participation at the time of bid shall be those estimates as compiled by the City of Orlando. The City's adjusted goal will be the official goal on any particular project subject only to other provisions of this ordinance.

(5)

In all instances, any MBE/WBE company performing under a contract with the City of Orlando may only claim, as part of his/her MBE/WBE participation, those materials which the company purchases and actually fully installs as part of their responsibility under the contract, if such work is listed as one of the areas of expertise under which the company is certified to perform.

(6)

If a certified material supplier exists, that portion of the contract filled by the supplier will count directly against the 18% MBE & 6% WBE goals and will not be adjusted according to 57.16(4). The percent of the total contract price which is performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen percent (18%) in the case of minority business enterprises and six percent (6%) in the case of woman-owned business enterprises. Any remaining MBE/WBE percentage which the material supplier has failed to satisfy shall then be adjusted according to Section 57.16(4). The prime contractor shall then have to make a good faith effort to provide subcontracts to minority or woman-owned companies, as the case may be, to fulfill the City's goals.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 8-17-1987, Doc. #21410; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)

Sec. 57.17. - Award of Contracts to Minority Business Enterprises.

(1)

If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, services or construction and the City has not achieved the goal established in accordance with Section 57.16(1) of this Chapter, the contract shall be awarded to the lowest bidding minority business enterprise meeting contract specifications unless it appears that the minority business enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the best interest of the City nor the lowest and best bid. All other factors being equal, preference shall be given to minority business enterprises located in Orange County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination.

(2)

For the purpose of this subsection, determination of the "lowest and best bid" shall include an evaluation of such factors as the nature of the supplies or services sought, prices of similar products in the relevant market area, minority employment levels achieved by the prospective contracting entities, location of business offices, general conditions in the market area, minority participation in the marketplace and such other factors as may be deemed relevant.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092)

Sec. 57.18. - Minority Employment and Subcontracting Levels to be Achieved by Contractors with the City for Construction Services.

Contractors submitting bids to provide construction services to the City shall comply with the minority group employment levels and minority business enterprise subcontracting percentages as established pursuant to Section 57.16 of this Chapter, or shall in the event such levels and percentages are not achieved, provide evidence of a good faith effort to achieve such levels and percentages. If such levels and percentages are not achieved and if it is deemed that a good faith effort for compliance has not been shown, then the contractor's bid shall be rejected as non-responsive.

Compliance with "minority group employment levels" shall mean hiring and maintaining a minimum of 18% minority workforce on the City construction job for which the contractor has bid.

Compliance with "minority business enterprise sub-contracting percentages" shall mean subcontracting to minority business enterprises a minimum of 18% of the total dollar value of a construction contract for which the contractor has bid. For the purpose of this requirement "minority business enterprises" need not be located in Orange, Seminole or Osceola Counties.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 2-25-1985, Doc. #19235)

Sec. 57.19. - Compliance Official; Compliance Procedures.

The Mayor shall designate a Compliance Official whose duty it shall be to monitor contractors with the City for construction services for compliance with minority employment levels and minority business enterprise subcontracting levels during the contractual term. The Compliance Official shall also prepare a list of all minority business enterprises, compliance guidelines for contractors with the City, with said guidelines to include monitoring and reporting procedures, and recommendation for actions to be taken should noncompliance occur and procedural guidelines for City allocation of contracts to minority business enterprises as provided by this ordinance. Said guidelines shall be subject to the approval of City Council. The Compliance Official shall also perform such other duties relating to the provisions of this Article as may be directed by the Mayor.

(Ord. of 8-29-1983, Doc. #18037; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)

Sec. 57.20. - Failure to Comply.

(1)

The Compliance Official shall designate a Contract Compliance Investigator or MBE Project Manager to investigate whether a contractor with the City for construction services has at any time during the term of said contract failed to maintain the minority employment levels and minority business enterprise percentages established pursuant to Section 57.16 of this Chapter and also failed to show a good faith effort to maintain said levels and percentages, the Contract Compliance Investigator or MBE Project Manager shall document the non-compliance and report it to the Compliance Official. If the contractor fails to come into compliance or fails to show a good faith effort to come into compliance within fifteen (15) days in the case of minority employment levels, and within thirty (30) days in the case of minority business enterprises, the Compliance Official may then impose appropriate penalties upon the contractor, to include but not be limited to (a) forfeiture of a portion of the retainage withheld pursuant to the contract, commensurate with the extent of the violation, (b) withhold MBE approval memorandum for failure to comply, and (c) M/WBE de-certification. The Compliance Official may in his discretion refer the contractor to the Chief Procurement Officer for debarment from submitting future bids to the City for a period of one (1) year.

(2)

If it is determined by the Contract Compliance Investigator or MBE Project Manager that any contractor with the City, subcontractor, a minority business enterprise or women-owned business enterprise certified by the City or seeking certification by the City has violated the provisions of this Ordinance or any other state, federal or local law or has given false information to the City, then the Contract Compliance Investigator or MBE Project Manager shall document said action and report it to the Compliance Official, and the contractor, subcontractor, women-owned business enterprise or minority business enterprise. Within 15 days after the receipt of the report the Compliance Official shall meet with contractor, subcontractor, minority business enterprise or women owned business enterprise to hear and take such evidence as may be offered by that contractor, subcontractor, minority business enterprise or women-owned business enterprise. The Compliance Official may impose appropriate penalties upon the contractor, to include but not be limited to (a) forfeiture of a portion of the retainage withheld pursuant to the contract, commensurate with the extent of the violation, (b) withhold MBE approval memorandum for failure to comply, and (c) M/WBE de-certification. The Compliance Official may then, in his discretion, refer to the City's Chief Procurement Officer a recommendation to impose debarment or suspension upon the contractor, subcontractor, minority business enterprise or women-owned business enterprise.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092; Ord. of 2-25-1985, Doc. #19235; Ord. of 12-13-1999, § 15, Doc. #32494; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)

Sec. 57.21. - Conformity with Applicable Federal and State Laws and Chapter 7 of the Code of the City of Orlando.

The provisions of this Article shall be construed according to and in conformity with Acts of Congress and of the Legislature of the State of Florida concerning the bidding and awarding of contracts and with Chapter 7 of the Code of the City of Orlando entitled "Procurement Code." Where provisions of this Article come into conflict with either federal or state law or Chapter 7 of the Code of the City of Orlando, the federal or state law or Chapter 7 of the City Code shall prevail.

(Ord. of 8-29-1983, Doc. #18037; Ord. No. 2018-36, § 1, 7-9-2018, Doc. #1807091201)

ARTICLE III. - WOMEN-OWNED BUSINESS ENTERPRISES

Sec. 57.22. - Definitions.

(1)

For the purposes of this Chapter, "Women-Owned Business Enterprise" is defined as a business firm which is at least 51 percent (51%) owned by women, or in the case of a publicly owned business, at least 51 percent (51%) of the stock of which is owned by women. The women ownership must exercise actual day to day management and control of the business. Women-Owned Business Enterprises must be officially certified as Women-Owned Business Enterprises by the City of Orlando.. A Women-Owned Business Enterprise that has previously been designated as a recognized firm shall be deemed a certified firm, effective July 1, 2018.

(2)

Wherever used in this article, the terms "bid," "contract," "construction," "services," and "supplies" shall be defined as in Section 57.15 of Article II of this Chapter.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 2-25-1985, Doc. #19235; Ord. of 8-28-1995, Doc. #28748; Ord. No. 2018-36, § 2, 7-9-2018, Doc. #1807091201)

Sec. 57.23. - Establishment of Goals.

(1)

There is hereby established a goal of 6% of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to women-owned business enterprises meeting contract specifications; except for exclusions as set forth in the City's Policies and Procedures Section 2510.2 and 7.300(A).

(2)

The goals for women group employment levels and women enterprise subcontract levels to be achieved by contractors with the City for construction are hereby set at 6% and adjusted pursuant to 57.16.

(3)

This Section hereby incorporates by reference the provisions of Section 57.16(3)—(6) and makes them applicable to woman-owned companies.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 8-17-1987, Doc. #21410; Ord. No. 2018-36, § 2, 7-9-2018, Doc. #1807091201)

Sec. 57.24. - Award of Contracts to Women-Owned Business Enterprises.

The award of contracts to women-owned businesses shall be according to the procedures as set forth for minority business enterprises in Section 57.17 of Article II of this Chapter, provided however, until the goal as established by this Article is achieved, contracts shall be awarded to the lowest bidding women-owned business enterprise or minority business enterprise meeting contract specifications, unless it appears that the bid is unreasonably priced or the bid is neither in the best interest of the City nor the lowest and best bid.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092)

Sec. 57.25. - Women Employment and Subcontracting Levels to be Achieved by Contractors with the City for Construction Services.

Contractors submitting bids to provide construction services to the City shall comply with the women group employment levels and women-owned business enterprise subcontracting percentages as established pursuant to Section 57.23 of this Chapter, or shall in the event such levels and percentages are not achieved, provide evidence of a good faith effort to achieve such levels and percentages. If such levels and percentages are not achieved and if it is deemed a good faith effort for compliance has not been shown, then the contractor's bid shall be rejected as non-responsive.

Compliance with "women-owned group employment levels" shall mean hiring and maintaining a minimum of 6% female workforce on the City construction job for which the contractor has bid.

Compliance with "women-owned business enterprise subcontracting percentages" shall mean subcontracting to women-owned business enterprises a minimum of 6% of the total dollar value of a construction contract for which the contractor has bid. For the purpose of this requirement "women-owned business enterprises" need not be located in Orange, Seminole or Osceola Counties.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 2-25-1985, Doc. #19235)

Sec. 57.26. - Provisions Adopted by Reference.

For the purposes of this Article the provisions of Sections 57.16(3), 57.19, 57.20 and 57.21 of Article II of this Chapter, in general and as they are applicable to the contracting goals as set forth in this Article, are hereby adopted in their entirety to apply to women-owned business enterprises as they apply to minority business enterprises.

(Ord. of 8-29-1983, Doc. #18037)

Sec. 57.27. - Waivers.

The provisions of Articles II and Article III of this Ordinance, either in whole or in part, may be waived by the Compliance Official in any event or award of a contract of such a nature so as to render compliance with this Ordinance unreasonable or impossible.

(Ord. of 2-25-1985, Doc. #19235; Ord. No. 2018-36, § 2, 7-9-2018, Doc. #1807091201)

Sec. 57.28. - Certification Appeals Board Created.

There is hereby created a Certification Appeals Board of seven (7) members to be appointed by the Mayor, subject to the approval of City Council. Members shall serve without compensation and shall serve a term of two (2) years.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 11-9-1987, Doc. #21640; Ord. of 9-18-1989, Doc. #23312; Ord. No. 2018-36, § 2, 7-9-2018, Doc. #1807091201)

Sec. 57.29. - Powers and Duties of the Board.

The powers and duties of the Certification Appeals Board shall be:

(1)

To hear and conduct appeals on behalf of minority and women-owned business enterprises appealing the decision of the City Minority/Women Business Enterprise Office regarding certification of minority and women-owned business enterprises. To receive and review such evidence, both oral and documentary, as may be presented on behalf of minority and women-owned business enterprises to prove their compliance with the definitions of minority and women-owned businesses contained in this Chapter as well as compliance with the rules adopted by the Certification Appeals Board or as may be adopted as set forth in the City's Policies and Procedures.

(2)

A hearing before the Certification Appeals Board to appeal the denial of certification by the City Minority/Women Business Enterprise Office may be obtained by filing a written request for a hearing to the Minority/Women Business Enterprise Office within ten (10) days of receipt of the notice of the denial.

(3)

To issue certification to those businesses which, in the Board's estimation, after their appeal and review, comply with the definitions of minority and women-owned businesses as contained in this Chapter.

(4)

To propose reasonable rules and internal procedures as may be necessary for operation of the Board, as well as criteria pertaining to ownership, and control, and other factors relating to minority and women-owned business enterprise requirements, provided that they are consistent with the policies and procedures and ordinances of the City of Orlando and the laws of the State of Florida.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 11-9-1987, Doc. #21640; Ord. of 8-28-1995, Doc. #28740)

Sec. 57.30. - Review of Certification Appeals Board Decision.

(1)

Appeals of decisions by the Certification Appeals Board shall be heard by the Chapter 57 Review Board, which shall be composed of seven (7) members appointed by the Mayor and confirmed by City Council. Members shall serve without compensation and shall serve a term of two (2) years.

(2)

A hearing before the Chapter 57 Review Board to appeal the denial of certification by the Certification Appeals Board may be obtained by filing a written request for a hearing to the Minority/Women Business Enterprise Office within ten (10) days of receipt of the notice of the denial. The appellate decision of the Chapter 57 Review Board shall be final.

(3)

The Chapter 57 Review Board shall promulgate rules and procedures governing the operations and functions of the Board. Such rules and procedures shall be consistent with the ordinances of the City of Orlando and the laws of the State of Florida.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 10-21-1985, Doc. #19791; Ord. of 8-28-1995, Doc. #28748; Ord. of 5-7-2007, § 4, Doc. #0705071002; Ord. No. 2018-36, § 2, 7-9-2018, Doc. #1807091201)

ARTICLE IV. - DISCRIMINATION AGAINST FAMILIES WITH CHILDREN IN MULTI-FAMILY RENTAL HOUSING

Sec. 57.31. - In General.

This part shall be known as the City of Orlando ordinance prohibiting discrimination against families with children in multi-family rental housing. It shall be enforced by the Human Relations Official.

(Ord. of 8-5-1985, Doc. #19597)

Sec. 57.32. - Definitions.

For purposes of this Chapter, the following words and terms shall have the meaning set forth herein:

A.

Multi-Family Housing Accommodation means a residential rental unit consisting of one or more rooms in which cooking facilities are available and located in a multi-family complex.

B.

Minor Child is a person under the age of eighteen (18) years who has not been emancipated in accordance with state law.

C.

Multi-Family Complex means a housing development with more than four (4) housing accommodations joined by common walls, common entry ways, located on a single building site.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 8-5-1985, Doc. #19597)

Sec. 57.33. - Prohibited Activities.

It shall constitute a violation of this Chapter punishable in accordance with the provisions of Section 1.08 of this Code, for the owner, lessor, sublessor, real estate broker, assignee or other person having the right to rent, lease or sublease any housing accommodation or any agent or employee of such a person to:

1.

Evict or refuse to renew a rental agreement on the basis of the tenancy of a minor child, other than for good cause as defined in Florida Statutes § 83.56.

2.

To impose any restrictions on the ages of minor children who can reside in said unit for any current residents of said unit; provided specifically, however, that in the event a complex intends to convert partially or totally to an all-adult complex a minimum notice of eighteen (18) months shall be required and deemed sufficient to notify all tenants in said multi-family complex that rental agreements shall not be renewed because the multi-family complex is being converted, in whole or in part, to an all-adult status. This section shall not be construed as authorizing the abrogation of any lease provision or the earlier termination of a lease or as sanctioning any type of retaliatory eviction or other eviction prohibited by Florida Statutes ch. 83.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 8-5-1985, Doc. #19597)

Sec. 57.34. - Alternative Relief.

The Human Relations Official of the City of Orlando may seek authorization from the City Council of the City of Orlando to seek injunctive relief to enforce provisions of this part or to halt a violation of this part.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 8-5-1985, Doc. #19597)

Sec. 57.35. - Compatibility with Other City Code Chapters, State and Federal Law on Housing Accommodations.

This Article shall be construed so as to complement existing City Code Chapters, state and federal laws dealing with housing discrimination and this Article shall not be construed to supersede any provision of any other City Code chapter, state law or federal law relating to discrimination in housing or to health, safety and occupancy standards provided for in other laws, ordinances, regulations or rules of any federal, state, or local agency.

(Ord. of 5-6-1985, Doc. #19372; Ord. of 8-5-1985, Doc. #19597)

ARTICLE V. - DISCRIMINATION IN HOUSING AND PUBLIC ACCOMMODATIONS

Sec. 57.36. - Purposes and Intent.

(1)

The general purposes of this Article are:

(a)

To provide for execution within the City of Orlando the policies embodied in Title VIII of the Federal Civil Rights Act of 1968, as amended to January 15, 1991.

(b)

To secure for all individuals within the City of Orlando the freedom from discrimination because of race, color, religion, national origin, sex, sexual orientation, gender identity, familial status, or handicap in connection with housing and public accommodations, and thereby to promote the interests, rights and privileges of individuals within the city.

(2)

This Article shall be liberally construed to preserve the public safety, health and general welfare and to further the general purposes stated herein.

(3)

The enforcement of this Article may be delegated by the City Council of the City of Orlando to the Human Relations Official and at his direction, the Chapter 57 Review Board, as provided in Section 57.44 of this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 6, Doc. #021202901; Ord. of 5-7-2007, § 5, Doc. #0705071002; Ord. No. 2014-36, § 7, 8-11-2014, Doc. #1408111202)

Sec. 57.37. - Definitions.

(1)

Aggrieved person includes any person who:

(a)

claims to have been injured by a discriminatory housing practice; or

(b)

believes that he will be injured by a discriminatory housing practice that is about to occur.

(2)

City means the City of Orlando, a Florida municipal corporation.

(3)

Complainant means a person, including the City of Orlando Human Relations Official, who files a complaint under this Article.

(4)

Human Relations Official means the person given authority by the City Council of the City of Orlando to administer this Article.

(5)

Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the Human Relations Official.

(6)

Conciliation Agreement means a written agreement setting forth the resolution of the issues in conciliation.

(7)

Discriminatory Housing Practice means an act prohibited by Sections 57.48 through 57.55, inclusive of this Article.

(8)

Dwelling means:

(a)

any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or

(b)

any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by paragraph (a) above.

(9)

Family includes one or more individuals related by blood or marriage, and includes a single individual.

(10)

Gender identity shall have the definition provided in Section 57.01 of this Chapter.

(11)

Handicap or Disability means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment, or being regarded as having such an impairment. The term does not include current, illegal use of or addiction to a controlled substance as defined by 21 U.S.C. § 802. In this Article, a reference to "an individual with a handicap" or to "handicap" does not apply to an individual because of that individual's sexual orientation or because that individual is a transvestite.

(12)

Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under 11 U.S.C. § 101 et seq. (Bankruptcy Code), receivers, and fiduciaries.

(13)

Respondent means:

(a)

the person accused of a violation of this Article; or

(b)

any person identified as an additional or substitute respondent under this Article or an agent of an additional or substitute respondent.

(14)

To rent includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

(15)

The term sexual orientation means the condition of being heterosexual, homosexual or bisexual. This definition is not intended to permit any practice prohibited by federal, state or local law and it is not intended to require or create any special preferences in employment or contracting.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 7, Doc. #021202901; Ord. No. 2014-36, § 8, 8-11-2014, Doc. #1408111202)

Sec. 57.38. - Familial Status.

(1)

In this Article, a discriminatory act is committed because of familial status if the act is committed because the aggrieved person is:

(a)

pregnant;

(b)

domiciled with an individual younger than 18 years of age in regard to whom the person:

(i)

is the parent or legal custodian; or

(ii)

has the written permission of the parent or legal custodian for domicile with that person;

(c)

in the process of obtaining legal custody of an individual younger than 18 years of age; or

(d)

is an individual younger than 18 years of age who is domiciled with a person described in (b)(i) or (b)(ii) above.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.39. - Certain Sales and Rentals Exempted.

(1)

Subject to subparagraph (2) of this section, Sections 57.48, 57.50, 57.51 and 57.52, of this Article do not apply to:

(a)

the sale or rental of a single-family house sold or rented by an owner if:

(i)

the owner does not:

a.

own more than three single-family houses at any one time; and

b.

own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and

(ii)

the house was sold or rented without:

a.

the use in any manner of the sales or rental facilities or services of any real estate broker, agent, or salesman or of such facilities or services of any person in the business of selling or renting dwellings or of an employee or agent of a broker, agent, or salesman, or person; and

b.

the making, printing, publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 57.49 of this Article.

(b)

the sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence.

(2)

The exemption in subparagraph (1)(a) above applies to only one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental.

(3)

For the purposes of subsection (1)(A) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

(a)

he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(b)

he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(c)

he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.40. - Religious Organization and Private Club Exemption.

(1)

This Article does not prohibit a religious organization, association, or society, or a nonprofit institution or organization operated, supervised, or controlled by or in connection with a religious organization, association, or society, from:

(a)

limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or

(b)

giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.

(2)

This Article does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.41. - Housing for Elderly Exempted.

(1)

The provisions of this Article relating to "familial status" do not apply to housing intended for, and occupied solely by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:

(a)

There were persons residing in such housing on September 13, 1988 who were under 62 years of age, provided that all those who become occupants after September 13, 1988, are persons 62 years of age or older;

(b)

There are unoccupied units, provided that all such units are reserved for occupancy by persons 62 years of age or older;

(c)

There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

(2)

The provisions regarding "familial status" shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the requirements specified in subparagraphs (a) or (b) and (c) below:

(a)

The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. "Significant facilities and services specifically designed to meet the physical or social needs of older persons" include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care of programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them (the housing facility need not have all of these features to qualify for the exemption under this subparagraph); or

(b)

It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this paragraph of this section, the owner or manager of the housing facility must demonstrate through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing. The following factors, among others, are relevant in meeting the requirements of this paragraph of this section:

(i)

Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.

(ii)

The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.

(iii)

The income range of the residents of the housing facility.

(iv)

The demand for housing for older persons in the relevant geographic area.

(v)

The range of housing choices for older persons within the relevant geographic area.

(vi)

The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this paragraph of this section.

(vii)

The vacancy rate of the housing facility.

(c)

At least 80% of the units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989 need not comply with this paragraph of this section until 25% of the units in the facility are occupied, and the owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this paragraph of this section:

(i)

The manner in which the housing facility is described to prospective residents.

(ii)

The nature of any advertising designed to attract prospective residents.

(iii)

Age verification procedures.

(iv)

Lease provisions.

(v)

Written rules and regulations.

(vi)

Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

(d)

Housing satisfies the requirements of this section even though:

(i)

On September 13, 1988, under 80% of the occupied units in the housing facility were occupied by at least one person 55 years of age or older per unit, provided that at least 80% of the units that are occupied by new occupants after September 13, 1988 are occupied by at least one person 55 years of age or older.

(ii)

There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.

(iii)

There are units occupied by employees of the housing (and family members residing in the same unit) who are under 55 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.42. - Appraisal Exemption.

This Article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, sexual orientation, handicap, familial status, or national origin.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 8, Doc. #021202901)

Sec. 57.43. - Effect on Other Law.

(1)

This Article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling.

(2)

This Article does not affect a requirement of nondiscrimination in any other state or federal law.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.44. - Responsibility for Administration.

The City Council of the City of Orlando designates the Human Relations Official and at his discretion, the Chapter 57 Review Board, as being authorized to administer the provisions of this Article. The Human Relations Official and Chapter 57 Review Board may adopt procedural rules for the implementation of this Article of this chapter, subject to the City Council of the City of Orlando's review and approval.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 5-7-2007, § 6, Doc. #0705071002)

Sec. 57.45. - Complaints.

The City Council of the City of Orlando, or its designee as provided in Section 57.44, shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.46. - Cooperation with Other Entities.

The City Council of the City of Orlando, or its designee under Section 57.44, shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.47. - Subpoenas; Discovery.

The City Council of the City of Orlando, or its designee under Section 57.44, may issue subpoenas and order discovery as provided by this Chapter in aid of investigations and hearings as required. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as subpoenas and discovery in a civil action under the Florida Rules of Civil Procedure.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.48. - Discrimination Prohibited—Sale or Rental.

(1)

A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, handicap, religion, sex, sexual orientation, familial status, or national origin.

(2)

A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services of facilities in connection with the sale or rental, because of race, color, handicap, religion, sex, sexual orientation, familial status, or national origin.

(3)

This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 9, Doc. #021202901)

Sec. 57.49. - Same—Publication.

A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation, handicap, familial status, national origin or an intention to make such a preference, limitation, or discrimination.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 10, Doc. #021202901)

Sec. 57.50. - Same—Falsely Representing Availability.

A person may not represent to any person because of race, color, religion, sex, sexual orientation, handicap, familial status, or national origin that a dwelling is not available for inspection, sale or rental when the dwelling is available for inspection, sale or rent.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 11, Doc. #021202901)

Sec. 57.51. - Same—Entry into Neighborhood.

A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, sexual orientation, handicap, familial status or national origin.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 12-2-2002, § 12, Doc. #021202901)

Sec. 57.52. - Same—Handicap.

(1)

A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:

(a)

that buyer or renter;

(b)

a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(c)

any person associated with that buyer or renter.

(2)

A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a handicap of:

(a)

that person;

(b)

a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(c)

any person associated with that person.

(3)

For purposes of this section only, discrimination includes:

(a)

a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises;

(b)

a refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or

(c)

in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:

(i)

the public use and common use portions of the dwellings are readily accessible to and usable by handicapped persons;

(ii)

all the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(iii)

all premises within the dwellings contain the following features of adaptive design:

a.

an accessible route into and through the dwelling;

b.

light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c.

reinforcements in bathroom walls to allow later installation of grab bars; and

d.

usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space; and

(iv)

the dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site.

(4)

Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1" (1986 Version) suffices to satisfy the requirements of subparagraph (3)(c)(iii) above.

(5)

As used in this subsection, the term "covered multifamily dwellings" means:

(a)

buildings consisting of four or more units if the buildings have one or more elevators; and

(b)

ground-floor units in other buildings consisting of four or more units.

(6)

Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.53. - Same—Residential Real Estate Related Transaction.

(1)

A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, handicap, familial status, or national origin.

(2)

In this section, "residential real estate related transaction" means:

(a)

making or purchasing loans or providing other financial assistance:

(i)

to purchase, construct, improve, repair, or maintain a dwelling; or

(ii)

secured by residential real estate; or

(b)

selling, brokering, or appraising residential real property.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.54. - Same—Brokerage Services.

A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation, on the basis of race, color, religion, national origin, sex, familial status, or handicap.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.55. - Same—Interference, Coercion, or Intimidation.

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Sections 57.48 through 57.54, inclusive, above.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.56. - Administrative Enforcement—Complaint.

(1)

The City Council of the City of Orlando or its designee under Section 57.44, shall investigate alleged discriminatory housing practices.

(2)

A complaint must be:

(a)

in writing;

(b)

under oath; and

(c)

in the form prescribed by the Human Relations Official.

(3)

An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the Human Relations Official alleging the discriminatory housing practice.

(4)

Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the City of Orlando Human Relations Official may file his own complaint.

(5)

A complaint may be amended at any time.

(6)

On the filing of a complaint, the Human Relations Official shall:

(a)

give the aggrieved person notice that the complaint has been received;

(b)

give the aggrieved person notice of the time limits and choice of forums under this Article; and

(c)

not later than the 20th day after the filing of the complaint or the identification of an additional respondent under Section 57.59 of this Article, serve on each respondent:

(i)

a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this Act; and

(ii)

a copy of the original complaint.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.57. - Same—Answer.

(1)

Not later than the 10th day after receipt of the notice and copy under subparagraph (6)(c) of Section 57.56 of this Article, a respondent may file an answer to the complaint.

(2)

An answer must be:

(a)

in writing;

(b)

under oath; and

(c)

in the form prescribed by the Human Relations Official.

(3)

An answer may be amended at any time.

(4)

An answer does not inhibit the investigation of a complaint.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.58. - Same—Investigation.

(1)

For complaints filed with the City of Orlando and for all other complaints that the federal government has referred to the City of Orlando or has deferred jurisdiction over the subject matter of the complaint to the City, the Human Relations Official or his designee, shall investigate the allegations set forth in the complaint within thirty (30) days of its receipt.

(2)

The Human Relations Official or his designee shall investigate all complaints, and except as provided by subparagraph (3) of this section, shall complete an investigation not later than the 100th day after the date the complaint is filed, or if it he unable to complete the investigation within the 100-day period, shall dispose of all administrative proceedings related to the investigation not later than one year after the date the complaint is filed.

(3)

If the Human Relations Official is unable to complete an investigation within the time periods prescribed in subparagraph (2) of this section, it shall notify the complainant and the respondent in writing of the reasons for the delay.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.59. - Same—Additional or Substitute Respondent.

(1)

The Human Relations Official may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation he determines that the person should be accused of a discriminatory housing practice.

(2)

In addition to the information required in the notice under subparagraph (6)(C) of Section 57.56 of this Article, the Human Relations Official shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.60. - Same—Conciliation.

(1)

The Human Relations Official shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal, to the extent feasible, engage in conciliation with respect to the complaint.

(2)

A conciliation agreement is an agreement between a respondent and the complainant and is subject to Human Relations Official's approval.

(3)

A conciliation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.

(4)

A conciliation agreement shall be made public unless the complainant and respondent agree otherwise, and the Human Relations Official determines that disclosure is not necessary to further the purposes of this Article.

(5)

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

(6)

After completion of the investigation, the Human Relations Official shall make available to the aggrieved person and the respondent, at any time, the final investigation report relating to that investigation.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.61. - Same—Temporary or Preliminary Relief.

(1)

If the Human Relations Official concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this Article, it may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint, in accordance with Florida Statutes § 760.34(8).

(2)

On receipt of the Human Relations Official's authorization, the City Attorney or his designee shall promptly file the action.

(3)

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

(4)

The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under Section 57.70 of this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.62. - Same—Investigative Report.

(1)

The Human Relations Official shall prepare a final investigative report showing:

(a)

the names and dates of contacts with witnesses;

(b)

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

(c)

a summary description of other pertinent records;

(d)

a summary of witness statements; and

(e)

answers to interrogatories.

(2)

A final report under this section may be amended if additional evidence is discovered.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.63. - Same—Reasonable Cause Determination.

(1)

The Human Relations Official shall determine, based on the facts, whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. 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 likely to occur.

(2)

The Human Relations Official shall make the determination under subparagraph (a) of this section not later than the 100th day after the date a complaint is filed unless:

(a)

it is impracticable to make the determination; or

(b)

the Human Relations Official has approved a conciliation agreement relating to the complaint.

(3)

If it is impracticable to make the determination within the time period provided by subparagraph (2) of this section, the Human Relations Official shall notify the complainant and respondent in writing of the reasons for the delay.

(4)

If the Human Relations Official determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, it shall, except as provided by Section 57.65 of this Article immediately issue a reasonable cause finding on behalf of the aggrieved person.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.64. - Same—Charge.

(1)

A reasonable cause finding issued under Section 57.62 of this Article:

(a)

must consist of a short and plain statement of the facts on which the Human Relations Official has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;

(b)

must be based on the final investigative report; and

(c)

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

(2)

Not later than the 20th day after the Human Relations Official issues a reasonable cause finding it shall send a copy with information concerning the election under Section 57.67 of this Article to:

(a)

each respondent, together with a notice of the opportunity for a hearing provided by Section 57.68 of this Article; and

(b)

each aggrieved person on whose behalf the complaint was filed.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.65. - Same—Land Use Law.

If the Human Relations Official determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the Human Relations Official may not issue a charge and shall immediately refer the matter to the City Attorney for appropriate action.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.66. - Same—Dismissal.

(1)

If the Human Relations Official determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, it shall promptly dismiss the complaint.

(2)

The Human Relations Official shall make public disclosure of each dismissal under this section.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.67. - Same—Pending Civil Trial.

The Human Relations Official may not issue a reasonable cause finding 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. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.68. - Same—Election of Judicial Determination.

(1)

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 as provided by Section 57.69 of this Article.

(2)

The election must be made not later than the 20th day after the date of receipt by the electing person of service under subparagraph (2) of Section 57.64 of this Article or, in the case of the Human Relations Official not later than the 20th day after the date the charge was issued.

(3)

The person making the election shall give notice to the Human Relations Official and to all other complainants and respondents to whom the charge relates.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.69. - Same—City Attorney Action for Enforcement.

(1) If a timely election is made under Section 57.68 of this Article, the Human Relations Official shall authorize, and not later than the 30th day after the election is made, the City Attorney or his designee to file a civil action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by state and/or federal law including actual damages, injunctive or other equitable relief, and punitive damages.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.70. - Same—Administrative Hearing.

(1)

If a timely election is not made under Section 57.68 of this Article, the Human Relations Official shall provide for a hearing on the charge.

(2)

When the Human Relations Official determines that a hearing is necessary he shall arrange for the hearing to be conducted by the Chapter 57 Review Board ("Board"). The Human Relations Official shall then review the Board's recommended order and the record and issue his final order within 30 calendar days of the date he receives the recommended order. Any party to the complaint shall have the right to petition for judicial review of the Human Relations Official's final order by an appropriate state court. As provided by Florida law, the scope of the court's review may include the following: a grant of temporary relief, restraining order, or such other order as the court deems just and proper; affirmation, modification or set aside of the order or a remand of the order to the Board for further proceedings and enforcement of the order to the extent it is affirmed or modified.

(3)

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.

(4)

The City Attorney or his designee shall provide legal representation for the complainant in such Chapter 57 Review Board hearings, unless the complainant desires to be represented by his/her own private counsel. Such private representation shall not preclude continued involvement by the City Attorney or his designee to represent the City's interests.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1; Ord. of 5-7-2007, § 7, Doc. #0705071002)

Sec. 57.71. - Same—Administrative Penalties.

(1)

If the Human Relations Official determines after a hearing under Section 57.70 of this Article that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Human Relations Official may order the appropriate relief, including actual damages, reasonable attorney's fees, costs, and other injunctive or equitable relief as permitted by law.

(2)

To vindicate the public interest, the Human Relations Official may, in accordance with the federal Fair Housing Act of 1988, assess a civil penalty against the respondent in an amount that does not exceed:

(a)

$10,000.00 if the respondent has not been adjudged by order of the Human Relations Official or a court to have committed a prior discriminatory housing practice;

(b)

except as provided in subparagraph (3) below, $25,000.00 if the respondent has been adjudged by order of the Human Relations Official or a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and

(c)

except as provided by subparagraph (3) below, $50,000.00 if the respondent has been adjudged by order of the Human Relations Official or a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.

(3)

If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subparagraphs (2)(b) and (c) above may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(4)

At the request of the Human Relations Official the City Attorney or his designee shall sue to recover a civil penalty due under this section. Funds collected under this section shall be paid to the City of Orlando Finance Department and shall be used to offset expenses incurred by the Human Relations Official or City Attorney in enforcing this Article.

(5)

The penalties provided for under this section are applicable regardless of whether the Human Relations Official or aggrieved party initiated the investigation under this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.72. - Same—Effect of Official's Order.

(1)

A Human Relations Official order under Section 57.71 of this Article does not affect a contract, sale, encumbrance, or lease that:

(a)

was consummated before the Human Relations Official issued the order; and

(b)

involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.73. - Same—Licensed or Regulated Business.

(1)

If the Human Relations Official issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, it shall, not later than the 30th day after the date of the issuance of the order:

(a)

send copies of the findings and the order to the governmental agency; and

(b)

recommend to the governmental agency appropriate disciplinary action.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.74. - Same—Order in Preceding Five Years.

If the Human Relations Official issues an order against a respondent against whom another order was issued within the preceding five years under Section 57.71 of this Article, the Human Relations Official shall send a copy of each order issued under that section to the City Attorney.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.75. - Private Enforcement—Civil Action.

(1)

Under the provisions of Florida Statutes § 760.35, an aggrieved person may file a civil action in a court of competent jurisdiction no later than two years after an alleged discriminatory housing practice has occurred.

(2)

An aggrieved person may file an action regardless of whether they have filed a complaint under Section 57.56 of this Article and regardless of the status of any complaint filed under this Article.

(3)

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 may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate) and reasonable attorney's fees and costs.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.76. - Same—Intervention by City Attorney.

Upon the request of the Human Relations Official, the City Attorney may intervene in an action brought under the provisions of Section 57.75 of this Article, if the City Council of the City of Orlando has certified that the case is of significant public importance to the citizens of the City of Orlando.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.77. - Enforcement by City Attorney—Pattern or Practice Cases.

(1)

Whenever the City Council of the City of Orlando 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, it shall direct the City Attorney or his designee to 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) above.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.78. - Same—Subpoena Enforcement.

The City Attorney, on behalf of the Human Relations Official, may enforce a subpoena issued under this Chapter in appropriate proceedings pursuant to law.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

Sec. 57.79. - Effective Date.

This ordinance shall not take effect unless and until the United States Department of Housing and Urban Development certifies this ordinance as being substantially equivalent to Title VIII, Civil Rights Act of 1968 (42 U.S.C. sections 3604—3606) as amended.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)

ARTICLE VI. - DOMESTIC PARTNERSHIP REGISTRY

Sec. 57.80. - Definitions.

For purposes of this Article:

(a)

Domestic Partners means only two adults who are parties to a valid domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Section 57.81.

(b)

Affidavit of Domestic Partnership means a sworn form under penalty of perjury, which certifies that two (2) Domestic Partners meet the requirements of a domestic partnership relationship as described in Section 57.81.

(c)

Jointly responsible means each Domestic Partner mutually agrees to provide for the other partner's basic needs while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic needs such as food and shelter.

(d)

Health care facility includes, but is not limited to, hospitals, nursing homes, hospice care facilities, convalescent facilities, walk-in clinics, doctor's offices, mental health care facilities and any other short-term or long-term health care facilities located within the City of Orlando.

(e)

Correctional facility means holding cells, jails, and juvenile correction centers of any kind, located within or under the jurisdiction of the City of Orlando.

(f)

Mutual residence means a residence shared by the Registered Domestic Partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Registered Domestic Partners do not cease to share a mutual residence if one leaves the shared place but intends to return.

(g)

Dependent is a person who resides within the household of a registered domestic partnership and is:

1.

A biological, adopted or foster child of a registered Domestic Partner; or

2.

A dependent as defined under IRS regulations; or

3.

A ward of a registered Domestic Partner as determined in a guardianship or other legal proceeding.

(h)

City Clerk means the City Clerk of the City of Orlando or such other person or office approved by the City Council to administer the Domestic Partnership registry.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.81. - Registration of Domestic Partnerships.

(a)

A valid domestic partnership relationship may be registered by any two (2) persons by filing an affidavit of domestic partnership with the City of Orlando, which affidavit shall comply with all requirements set forth in this ordinance for establishing such domestic partnership. Upon payment of any required fees, the City Clerk shall file the affidavit of domestic partnership and issue a certificate and laminated card reflecting the registration of the domestic partnership relationships in the City of Orlando. The City Clerk shall not be responsible for maintaining a record of any of the forms except the Domestic Partner Registry. The Clerk shall maintain or arrange for maintenance of an online searchable database of the domestic partnerships which have been registered with the City.

(b)

An affidavit of domestic partnership shall contain the name and address of each domestic partner, the signature of each partner, the signatures of two witnesses, and each partner shall swear or affirm under penalty of perjury that:

(1)

Each person is at least eighteen (18) years old and competent to contract;

(2)

Neither person is currently married under Florida law or is a partner in a domestic partnership relationship or a member of civil union with anyone other than the co-applicant;

(3)

They are not related by blood as defined in Florida law;

(4)

Each person considers himself or herself to be a member of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the registered domestic partnership;

(5)

The partners reside in a mutual residence; and

(6)

Each person agrees to immediately notify the City Clerk, in writing, if the terms of the Registered Domestic Partnership are no longer applicable or one (1) of the domestic partners wishes to terminate the domestic partnership.

(7)

Each person expressly declares their desire and intent to designate their domestic partner as their healthcare surrogate and as their agent to direct the disposition of their body for funeral and burial.

(c)

Any partner to a domestic partnership may file an amendment to the domestic partnership certificate issued by the City Clerk to reflect a change in his or her legal name or address. Amendments shall be signed by both members of the registered domestic partnership under oath.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.82. - Termination of Registered Domestic Partnership Relationship.

(a)

Either partner to a registered domestic partnership relationship may terminate such relationship by filing a notarized affidavit of termination of domestic partnership relationship with the City Clerk. Upon the payment of the required fee, the City Clerk shall file the affidavit and issue a certificate of termination of domestic partnership relationship to each partner of the former relationship. The termination shall become effective ten (10) days from the date the certificate of termination is issued.

(b)

Automatic termination. A registered domestic partnership shall automatically terminate upon notice to the City Clerk of the following events:

1.

One (or both) of the domestic partners marries in Florida;

2.

One of the domestic partners dies (provided however, the provisions relating to funeral and burial decisions shall survive); or

3.

One of the domestic partners registers with another partner.

The marrying, surviving or re-registering domestic partner(s) shall file an affidavit terminating the domestic partnership relationship within ten (10) days of one of the occurrences listed in subsections (b)1—3 above.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.83. - Maintenance of Records; Filing Fees.

(a)

At the Mayor's direction, the City Clerk shall prepare the form of all affidavits, amendments, and certificates required to be filed under this Act. The City Clerk shall maintain a record of all affidavits, amendments, and certificates filed pursuant to this ordinance.

(b)

The City Clerk is authorized to establish fees for the filing of any affidavits, amendments, and the issuance of any certificates required by this act, subject to the approval of the Orlando City Council. Any fees established under this section shall be commensurate with the actual costs of administering the provisions of this ordinance.

(c)

The City Clerk is authorized and directed to take all actions necessary to implement the provisions of this section within ninety (90) days after this ordinance is enacted.

(d)

If Orange County, Florida establishes a domestic partnership registry law that is substantially similar to the City of Orlando's Domestic Partnership registry code provisions, the City Clerk shall collaborate with Orange County to determine whether a joint registration system will most efficiently serve our citizens. The City Clerk will bring any recommendations for joint administration to City Council for its consideration. If such a joint registry is established, the references in to the City Clerk shall mean the filing officer for the joint registry approved by City Council and Orange County.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.84. - Rights and Legal Effect of Registered Domestic Partnership.

To the extent not superseded by federal, state, or other city law or ordinance, or contrary to rights conferred by contract or separate legal instrument, Registered Domestic Partners shall have the following rights:

(a)

Health Care Facility Visitation. All health care facilities operating within the City of Orlando shall honor the Registered Domestic Partnership documentation issued pursuant to this code as evidence of the relationship and shall allow a Registered Domestic Partner visitation as provided under federal law. A Dependent of a Registered Domestic Partner shall have the same visitation rights as a patient's child.

(b)

Health Care Decisions. This section pertains to decisions concerning both physical and mental health. Registry as a domestic partner shall be considered to be written direction by each partner designating the other to make health care decisions for their incapacitated partner, and shall authorize each partner to act as the other's healthcare surrogate as provided in Chapter 765, Florida Statutes, and otherwise as provided by federal law. Further, no person designated as a health care surrogate shall be denied or otherwise defeated in serving as a health care surrogate based solely upon his or her status as the domestic partner of the partner on whose behalf health care decisions are to be made. Upon request, the City Clerk shall also assist the registrants by providing them with any desired statutory forms such as a living will or health care surrogate designation in the forms prescribed by Chapter 765, Florida Statutes. The City Clerk shall not give advice relating to these forms, but shall simply assist by providing and, if necessary, notarizing the forms upon request. Any such forms properly executed after the date of registration which contain conflicting designations shall control over the designations by virtue of the registration.

(c)

Funeral/burial Decisions. Registry as a domestic partner shall be considered to be written direction by the decedent of his or her intention to have his or her domestic partner direct the disposition of the decedent's body for funeral and burial purposes as provided in Chapter 497, Florida Statutes, unless the decedent provides conflicting, written inter vivos authorization and directions that are dated after the date of the registration, in which case the later dated authorization and directions shall control.

(d)

Correctional Facility Visitation Rights. Any person who is a party to a registered domestic partnership relationship, pursuant to Section 57.81, shall be entitled to visit his or her domestic partner, or other family member of the domestic partner, who is an inmate at a correctional facility located within the City of Orlando, upon the same terms and conditions under which visitation is afforded to spouses, dependents, or parents of inmates. Visitation rights provided by this section shall extend to any children of the domestic partners, and the domestic partners of an inmate's parents or children.

(e)

Notification of Family Members. In any situation providing for mandatory or permissible notification of family members, including but not limited to notification of family members in an emergency, or when permission is granted to correctional facility inmates to contact family members, "notification of family" shall include registered Domestic Partners.

(f)

Preneed guardian designation. A person who is a party to a registered Domestic Partnership relationship, pursuant to Section 57.81 above, shall have the same right as any other individual to be designated as a preneed guardian pursuant to Chapter 744, Florida Statutes and to serve in such capacity in the event of his or her Domestic Partner's incapacity. A Domestic Partner shall not be denied or otherwise be defeated in serving as the plenary guardian or his or her Domestic Partner or the partner's property under the provisions of Chapter 744, Florida Statutes, to the extent that the incapacitated partner has not executed a valid preneed guardian designation, based solely upon his or her status as the Domestic Partner of the incapacitated partner.

(g)

Participation in Education. To the extent allowed by federal and state law, a registered Domestic Partner shall have the same rights to participate in the education of a dependent of the registered Domestic Partnership as a biological parent to participate in the education of their child, in all educational facilities located within or under the jurisdiction of the City. However, if a biological parent of a minor dependent, whose parental rights have not been terminated, objects to the participation of a non-biological registered Domestic Partner in education conferences or other dissemination of educational information, only the participation of the biological parents shall be allowed.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.85. - Limited Effect.

(a)

Nothing in this article shall be interpreted to alter, affect, or contravene city, county, state or federal law.

(b)

Nothing in this article shall be construed as recognizing or treating a registered Domestic Partnership as a marriage.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 57.86. - Enforcement.

A registered Domestic Partner may enforce the rights under Section 57.84 by filing a private judicial action against a person or entity in any court of competent jurisdiction for declaratory relief, injunctive relief, or both.

Any person violating the provisions of this Article of this chapter shall be subject to fines as provided in Section 1.08 of this Code.

(Ord. No. 2011-54, § 1, 12-12-2011, Doc. #1112121202)

Sec. 56.44. - Appeals. Subtitle B - LAND DEVELOPMENT CODE