Agenda Item 7D - Ordinance 95-14-108ORDINANCE NO. 95-14-108
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF
ORDINANCES, TO PROillBIT DISCRIMINATION;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM# 7D
AUGUST 11, 2014
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, recognizes
individuals within the City should be free from discrimination based upon race, color, religion,
sex, national origin, sexual orientation, gender identity or gender expression;
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, wishes to
protect each citizen's interest in personal dignity and to preserve the public safety, health and
general welfare ofthe City;
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, fmds that it is
necessary to amend Chapter 9 of the Atlantic Beach Code of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Chapter 9 of the Code of Ordinances, of the
City of Atlantic Beach, Florida, is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 9-1. Purpose.
To promote a City where individuals are free from discrimination
based upon race, color, religion, sex, national origin, sexual
orientation, gender identity or gender expression.
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Sec. 9-2. Definitions.
Whenever used in this chapter, the following words and terms shall
have the following meanings unless the context necessarily
requires otherwise:
Aggrieved individual shall mean any individual who claims to have
been injured by a discriminatory practice.
Discriminatory practice shall mean any practice or act made
unlawful or which is otherwise prohibited by this chapter.
Dwelling shall mean any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy as, a
residence by one (1) or more families, and any vacant land which
is offered for sale or lease for the construction or location of any
such building, structure or portion thereo£
Family shall include a single individual.
Gender expression shall mean an individual's gender-related
appearance and behavior, whether or not that gender expression is
or is perceived to be different from that traditionally associated
with the individual's assigned sex at birth.
Gender Identity shall mean an individual's gender-related identity,
whether or not that identity is or is perceived to be different from
that traditionally associated with the sex assigned to that individual
at birth.
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National origin shall mean the national origin of an ancestor or the
country of origin of an individual's forebears, naturally, by
marriage or by adoption.
Person shall include one (1) or more individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mutual companies, joint-stock companies, trust,
unincorporated organizations, trustees in bankruptcy, receivers,
and fiduciaries.
Places of public accommodation shall mean any establishment,
service, place or building which offers, sells, or otherwise makes
available to the public any good, service, facility, privilege or
advantage. The following shall not be considered places of public
accommodation: private clubs or establishments not open to the
public other than members of the club or establishment, and
facilities and accommodations owned or operated by religious
organizations, associations, societies, or non-profit organizations
operating or controlled by a religious organization, where the
facilities and accommodations are made available to members of
that religion but not to the public.
Religious organization shall include a religious corporation,
association or society.
To rent shall include to lease, to sublease, to let and otherwise to
grant for a consideration the right to occupy premises not owned
by the occupant.
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Sexual orientation means an individual's actual or perceived
heterosexuality, homosexuality or bisexuality.
Sec. 9-3. Prohibited conduct.
Subject to the exceptions set out in this article, it shall be unlawful
for any person to do any of the following acts:
(1) No person or employment agency shall directly or indirectly
discriminate against any individual in hiring, classification,
grading, discharge, discipline, compensation or other term or
condition of employment because of the individual's race, color,
religion, sex, national origin, sexual orientation, gender identity or
gender expression.
(2) No person shall discriminate against any individual in any
aspect of any credit transaction, or in any terms and conditions of
bonding because of the individual's race, color, religion, sex,
national ongrn, sexual orientation, gender identity or gender
expressiOn.
(3) No person who owns, leases, rents, operates, manages or in any
manner controls a public accommodation shall withhold, deny,
curtail, limit or discriminate concerning the full use of such public
accommodation by any individual because of the individual's race,
color, religion, sex, national origin, sexual orientation, gender
identity or gender expression.
( 4) It shall be unlawful for a person to retaliate or discriminate in
any manner against an individual because such individual opposed
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a practice prohibited by this chapter or prohibited by existing
federal or state law prohibiting discrimination; or to retaliate or
discriminate in any manner against an individual because such
individual has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding, hearing or
conference under this chapter or under any federal or state law
prohibiting discrimination.
(5) It shall be unlawful to coerce, intimidate, threaten or interfere
with any individual in the exercise or enjoyment of, or on account
of his or her having exercised or enjoyed, or on account of his or
her having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this chapter.
Sec. 9-4. Complaints.
(1) An aggrieved individual may, under this article, file a
complaint with the City Clerk and request a hearing before a
special magistrate within sixty (60) days to determine if the alleged
person committed a discriminatory practice prohibited by this
article. If the special magistrate finds that a discriminatory practice
has been committed or is about to be committed, the special
magistrate may issue an order prohibiting the discriminatory
practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary
or permanent injunction or other equitable relief, a temporary
restraining order, or an award of actual damages, including back
pay, punitive damages, an award of reasonable attorney's fees,
interest, and costs, or other such relief as the special magistrate
deems appropriate.
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(2) Either party may appeal the decision of the special
magistrate by commencing a civil action in a court of competent
jurisdiction provided, however, that such civil action must be filed
no later than one year after the discriminatory practice is alleged to
have been committed.
(3) If, in a civil action commenced under this article, the court
finds that a discriminatory practice has been committed or is about
to be committed, the court may issue an order prohibiting the
discriminatory practice and providing affirmative relief from the
effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's
fees, interest, and costs, or other such relief as the court deems
appropriate.
Sec. 9-5. Exemptions.
Nothing in sections 9-1 through 9-4 shall apply to:
(1) Sovereign immunity:
(a) Pursuant to Article X, Section 13, Florida Constitution, nothing
in this chapter shall be deemed to be a provision for bringing suit
against the state or otherwise be deemed to be a waiver of
sovereign immunity.
(b) Nothing in this chapter shall be construed to prohibit any
sovereignly immune entity from adopting its own internal policies
and rules to prohibit discriminatory practices and acts and to
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resolve allegations or complaints of such discriminatory practices
and acts to the extent allowed by law.
(c) Nothing in this chapter shall be deemed to modify, impair, or
otherwise affect any other right or remedy conferred by the
constitution or laws of the United States or the State of Florida,
and the provisions of this chapter shall be deemed to be in addition
to those provided by such other laws.
(2) Religious organizations:
This article shall not apply to a corporation, association,
educational institution, or society that is exempt from the religious
discrimination provisions of Title VII of the Civil Rights Acts of
1964 pursuant to section 702(a) of such Act (42 U.S.C. 2000e-
l(a)), or as such section may hereafter be amended. For purposes
of this chapter, such corporations, associations, educational
institutions, or societies shall include religious corporations,
associations, educational institutions, or societies which condition
opportunities in the area of employment to members of that
religious corporation, association, educational institution, or
society or to persons who subscribe to its tenants or beliefs.
(3) Employers:
Notwithstanding any other provision of this article, it shall not be a
discriminatory practice under this article to take or fail to take any
action based upon the individual's race, color, religion, sex,
national origin, sexual orientation, gender identity or gender
expression when a bona fide occupational qualification is
reasonably necessary for the performance of employment to which
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such action or inaction is related. Employers are able to observe
the terms of a bona fide seniority system, a bona fide employee
benefit plan such as a retirement, pension, or insurance plan, or a
system which measures earnings by quantity or quality of
production, which is not designed, intended, or used to evade the
purposes of this article. This article shall not be construed to make
unlawful the rejection or termination of employment when the
individual applicant or employee has failed to meet bona fide
requirements for the job or position sought or held, nor shall this
article preclude such physical and medical examinations of
applicants and employees as an employer may reqmre of
applicants and employees to determine fitness for the iob or
position sought or held.
(4) Businesses:
This article shall not apply to a corporation, professional
association or business that employs fifteen ( 15) employees or less.
(5) Rentals:
This article shall not apply to rooms or units in dwellings
containing living quarters occupied or intended to be occupied by
no more than four (4) families living independently of each other,
if the owner actually maintains and occupies one of such living
quarters as his residence.
Sec. 9-6. Criminal Acts
Nothing in this article may be asserted or construed as a defense to
any criminal act, prohibited by local, state or federal laws.
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Sec. 9-7. False Claims
If a court of competent jurisdiction finds that an unsupported claim
was filed by an individual claiming to be an aggrieved party, the
party required to defend against the meritless claim shall be
entitled to attorney's fees and sanctions pursuant to Section 57.105,
Florida Statutes.
Sees. 9 1 9 15. Reserved. Sees. 9-8-9-16. Reserved.
ARTICLE II. FAIR HOUSING
See. 9 16. Definitions.
Whenever used in this artiole, the follovling vwrds and terms shall
have the follovling meanings unless the conteKt necessarily
requires othervlise:
Dwelling shall mean any building, structure, or portion thereof
·..vhioh is occupied as, or designed or intended for occupancy as, a
residence by one (1) or more families, and any vacant land which
is offered for sale or lease for the construction or location of any
suoh building, structure or portion thereof.
Family shall include a single individual.
Persen shall include one (1) or more individuals, corporations,
partnerships, associations, labor organil"iations, legal
representatives, mutual companies, joint stock companies, trust,
unincorporated organil"iations, trustees in bankruptcy, recervers,
and fiduciaries.
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Te rent shall include to lease, to sublease, to let and othervlise to
grant for a consideration the right to occupy premises not owned
by the occupant.
Sec. 9-1 7. Prohibited conduct.
Subject to the exceptions set out in this article, it shall be unlawful
for any person to do any of the following acts:
(1) To refuse to sell or rent after the making of a bona fide offer to
do so or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person because of
race, color, sex, religion .. eF-national origin, sexual orientation,
gender identity or gender expression.
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of
services or facilities in connection therewith, because of race,
color, sex, religion .. er--national origin, sexual orientation, gender
identity or gender expression.
(3) To 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, sex, religion .. eF
national origin, sexual orientation, gender identity or gender
expression or an intention to make any such preference, limitation
or discrimination.
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( 4) To represent to any person because of race, color, sex, religion,_
er-national origin, sexual orientation, gender identity or gender
expression that any dwelling is not available for inspection, sale or
rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, sex, religion,_ er-national origin, sexual
orientation, gender identity or gender expression.
Sec. 9-18. Multiple listing services.
It shall be unlawful to deny any person access to or membership or
participation in any multiple listing service, real estate brokers
organization, or other service, organization or facility relating to
the business of selling or renting dwellings, or to discriminate
against him in the terms or conditions of such access, membership
or participation on account of race, color, sex, religion,_ er--national
origin, sexual orientation, gender identity or gender expression.
Sec. 9-19. Educational activities.
The city manager is authorized and directed to undertake such
educational and conciliatory activities as in his judgment will
further the purposes of this article. He may call conferences of
persons in the housing industry and other interested parties to
acquaint them with the provisions hereof and the suggested means
of implementing this article. The city manager shall further
endeavor, with the advice of the housing industry and other
interested parties, to work out programs of voluntary compliance
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and may advise appropriate city officials on matters of
enforcement. The city manager may issue reports on such
conferences and consultation as it deems appropriate.
Sec. 9-20. Complaints.
(a) Any person vAle elaims to have been injured by an aet made
unlawful by this article or ·.vho elaims that he ·.vill be injured by
sueh an aet, may file a complaint vlith the city manager. A
complaint shall be filed within one hundred eighty ( 180) days after
the alleged unlavrful aet oecurred. Complaints shall be in writing
and shall contain such information and be in such form as required
by the eity manager. Upon receipt of a complaint, the eity manager
shall promptly investigate it and shall complete his investigation
within fifteen (15) days. If the eity manager finds reasonable cause
to belie•.ze that a violation of this artiele has occurred, or if a person
charged vlith violation of this article refused to furnish information
to the eity manager, the city manager may request the city attorney
to prosecute an action in a col:lrt or board of competent jurisdiction
against the person charged in the complaint. The request shall be in
·.vriting.
(b) Upon receiving such written request and ;vith the assistance of
the aggrieved person and city manager, vnthin fifteen (15) days
after receiving the request the city attorney shall be prepared to
prosecute an action in the appropriate court or board of competent
jurisdietion, provided a warrant is SV+'Orn out by the aggrieved
person and served upon the person or persons charged with the
offense.
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(1) An aggrieved individual may, under this article, file a
complaint with the City Clerk and request a hearing before a
special magistrate within sixty (60) days to determine if the alleged
person committed a discriminatory practice prohibited by this
article. If the special magistrate fmds that a discriminatory practice
has been committed or is about to be committed, the special
magistrate may issue an order prohibiting the discriminatory
practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary
or permanent injunction or other equitable relief, a temporary
restraining order, or an award of actual damages, including back
pay, punitive damages, an award of reasonable attorney's fees,
interest, and costs, or other such relief as the special magistrate
deems appropriate.
(2) Either party may appeal the decision of the special
magistrate by commencing a civil action in a court of competent
jurisdiction provided, however, that such civil action must be filed
no later than one year after the discriminatory practice is alleged to
have been committed.
(3) If, in a civil action commenced under this article, the court
finds that a discriminatory practice has been committed or is about
to be committed, the court may issue an order prohibiting the
discriminatory practice and providing affirmative relief from the
effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a
temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's
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fees, interest, and costs, or other such relief as the court deems
appropriate.
Sec. 9-21. Use of remedies ofthis article, other remedies.
Nothing in this article requires any person claiming to have been
injured by an act made unlawful by this article to exhaust the
remedies provided herein; nor prevent any such person from
seeking relief at any time under the Federal Civil Rights Acts or
other applicable legal provisions.
Sec. 9-22. Discrimination in the financing ofhousing.
It is unlawful for any bank, building and loan association,
insurance company, or other corporation, association, firm, or
enterprise the business of which consists in whole or in part of the
making of commercial real estate loans to deny a loan or other
financial assistance to a person applying therefor for the purpose of
purchasing, constructing, improving, repairing, or maintaining a
dwelling, or to discriminate against him in the fixing of the
amount, interest rate, duration, or other terms or conditions of such
loan or other financial assistance, because of the race, color,
religion, sex, or national origin of the person or of any person
associated with him in connection with the loan or other financial
assistance or the purposes of the loan or other financial assistance,
or because of the race, color, sex, religion.. er-national origin ..
sexual orientation, gender identity or gender expression of the
present or prospective owners, lessees, tenants, or occupants of the
dwelling or dwellings in relation to which the loan or other
financial assistance is to be made or given.
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Sec. 9-23. Exemptions.
fat-Nothing in sections 9-17 and 9-22 shall apply to:
(1) Any single-family house sold or rented by its owner, provided
the private individual owner does not own more than three (3) four
ill single-family houses at any one time. In the case of the sale of
a single-family house by a private individual owner who does not
reside in the house at the time of the sale or who was not the most
recent resident of the house prior to the sale, the exemption granted
by this paragraph shall apply only with respect to one (1) sale
within any twenty-four-month period. In addition, the bona fide
private individual owner shall not own any interest in, nor shall
there be owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion of the
proceeds from the sale or rental of, more than three (3) four (4)
single-family houses at any one time. The sale or rental of any
single-family house shall be excepted from the application of this
article only if the house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or
the sales or rental services of any real estate broker, agent, or
salesman or the facilities or services of any person in the business
of selling or renting dwellings, or of any employee or agent of the
broker, agent, salesman, or person; and
(b) Without the publication, posting, or mailing, after notice, of
any advertisement or written notice in violation of section 9-17(3).
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Nothing in this provision shall prohibit the use of attorneys, escrow
agents, abstractors, title companies, and other such professional
assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four (4)
families living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
~For the purposes of paragraph (a) this article, a person is
deemed to be in the business of selling or renting dwellings if:
(-1-) (&_He has, within the preceding twelve (12) months,
participated as principal in three (3) or more transactions involving
the sale or rental of any dwelling or any interest therein;
~ (hl__He has, within the preceding twelve (12) 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 (2) or more transactions involving the sale or rental
of any dwelling or any interest therein; or
c;) .(tl_He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
(e) ffi_Nothing in this article shall prohibit a religious
organization, association, or society, or any nonprofit institution or
organization operated, supervised, or controlled by or in
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conjunction with a religious organization, association, or society,
from limiting the sale, rental, or occupancy of any dwelling which
it owns or operates for other than a commercial purpose to persons
of the same religion or from giving preference to such persons,
unless membership in such religion in restricted on account of
race, color, or national origin. Nothing in this article shall prohibit
a private club not in fact open to the public, which as an incident to
its primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members or from giving
preference to its members.
Sec. 9-24. Interference, coercion, or intimidation; enforcement by
civil action.
It is unlawful to coerce, intimidate, threaten, or interfere with any
person in the exercise of, or on account of his having exercised, or
on account of his having aided or encouraged any other person in
the exercise of any right granted under this article. This section
may be enforced by appropriate civil action.
8ee. 9 25. Violations.
Any person violating any provision of this artiele shall be guilty of
an offense and Hpon eonviotion shall pay a penalty of not more
than fifty dollars ($50.00) for eaoh offense.
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