Human Relations Ordinance Amendment
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ORDINANCE NO. 95-14-
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ORDINANCE NO. 95-14-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 9, OF THE CODE OF
ORDINANCES, TO PROHIBIT DISCRIMINATION;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
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 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 of the City;
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds 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 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 thereof.
Family shall include a single individual.
Gender identity or expression shall mean gender-related identity,
appearance, expression, or behavior of an individual, regardless of
the individual's assigned sex at birth.
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
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representatives, mutual companies, joint-stock companies, trust,
unincorporated organizations, trustees in bankruptcy, receivers,
and fiduciaries.
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.
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
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 origin, sexual orientation, gender identity or expression.
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(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 expression.
(4) It shall be unlawful for a person to retaliate or discriminate in
any manner against an individual because such individual opposed
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, commence a
civil action in a court of competent jurisdiction against the person
alleged to have committed a discriminatory practice; provided,
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however, that such civil action must be filed no later than one year
after the discriminatory practice is alleged to have been committed.
(2) 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
resolve allegations or complaints of such discriminatory practices
and acts to the extent allowed by law.
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(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-
1(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) Accommodations:
Nothing in this article shall be construed to establish a
discriminatory practice based on sex, gender or expression due to
the denial of access to rest rooms, shower rooms, bathhouses,
dressing rooms and similar facilities which are by their nature
simply private.
(4) 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
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action based upon the individual's race, color, religion, sex,
national origin, sexual orientation, gender identity or expression
when a bona fide occupational qualification is reasonably
necessary for the performance of employment to which 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 require of applicants and
employees to determine fitness for the job or position sought or
held.
Sec. 9-6. 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.
Secs. 9-1—9-15. Reserved. Secs. 9-7—9-16. Reserved.
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ARTICLE II. FAIR HOUSING
Sec. 9-16. Definitions.
Whenever used in this article, the following words and terms shall
have the following meanings unless the context necessarily
requires otherwise:
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 thereof.
Family shall include a single individual.
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.
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.
Sec. 9-17. 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:
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(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, or national origin, sexual orientation,
gender identity or 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, or national origin, sexual orientation, gender
identity or 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, or
national origin, sexual orientation, gender identity or expression or
an intention to make any such preference, limitation or
discrimination.
(4) To represent to any person because of race, color, sex, religion,
or national origin, sexual orientation, gender identity or 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
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particular race, color, sex, religion, or national origin, sexual
orientation, gender identity or 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, or national
origin, sexual orientation, gender identity or 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
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 who claims to have been injured by an act made
unlawful by this article or who claims that he will be injured by
such an act, may file a complaint with the city manager. A
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complaint shall be filed within one hundred eighty (180) days after
the alleged unlawful act occurred. Complaints shall be in writing
and shall contain such information and be in such form as required
by the city manager. Upon receipt of a complaint, the city manager
shall promptly investigate it and shall complete his investigation
within fifteen (15) days. If the city manager finds reasonable cause
to believe that a violation of this article has occurred, or if a person
charged with violation of this article refused to furnish information
to the city manager, the city manager may request the city attorney
to prosecute an action in a court or board of competent jurisdiction
against the person charged in the complaint. The request shall be in
writing.
(b) Upon receiving such written request and with the assistance of
the aggrieved person and city manager, within 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
jurisdiction, provided a warrant is sworn out by the aggrieved
person and served upon the person or persons charged with the
offense.
Sec. 9-21. Use of remedies of this 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 of housing.
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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, or national origin,
sexual orientation, gender identity or 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.
Sec. 9-23. Exemptions.
(a) 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)
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
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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) 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).
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.
(b) For the purposes of paragraph (a), a person is deemed to be in
the business of selling or renting dwellings if:
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(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;
(2) 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
(3) He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
(c) 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 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.
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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.
Sec. 9-25. Violations.
Any person violating any provision of this article shall be guilty of
an offense and upon conviction shall pay a penalty of not more
than fifty dollars ($50.00) for each offense.
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SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this _____ day of __________ 2014.
PASSED by the City Commission on second and final this _____ day of __________
2014.
_______________________________
CAROLYN WOODS,
Mayor, Presiding Officer
ATTEST:
_______________________________
DONNA L. BARTLE,
City Clerk
Approved as to form and correctness:
_______________________________
RICHARD KOMANDO,
City Attorney