§ 11A-14. Procedures for housing discrimination complaint..

(1)

Filing a housing discrimination complaint. Any person aggrieved by an unlawful housing practice prohibited by this article must file a written, signed complaint with the Director within one (1) year after the alleged unlawful practice has occurred or terminated. The complaint shall set forth the facts upon which it is based with sufficient specificity to identify the respondent. Such complaint may be amended; however, the amended complaint must be filed within one (1) year after the alleged unlawful practices occurs.

(2)

Director's actions upon receipt of housing discrimination complaint. Upon the filing of such complaint, the Director shall serve notice upon the complainant acknowledging such filing and advising the complainant of the time limits provided under this article including procedural rights and obligations. In a case of a housing discrimination complaint filed under Title VIII of the Civil Rights Act of 1968, as amended, the complainant shall also be advised of the choice of forums provided under the Act.

(3)

Respondent.

(a)

Within ten (10) days of the filing of the complaint, the Director shall serve a copy of the complaint and a written notice on the respondent identifying the alleged discriminatory housing practice and setting forth the rights and obligations of the parties including, but not limited to the right to a fair and full hearing on the matter before the Commission on Human Rights or a Hearing Officer. Such service shall be by certified mail.

(b)

A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of an investigation, may be joined as an additional or substitute respondent upon written notice to such person from the Director. Notice shall be served upon such additional or substitute respondent within ten (10) days of such joinder or substitution and shall explain the basis for the Director's belief that the person to whom the notice is addressed is properly joined as a respondent.

(c)

The respondent may file an answer to the complaint, not later than ten (10) days after receipt of the complaint and notice from the Director.

(4)

Investigation of housing discrimination complaint.

(a)

The Director shall commence the investigation of a housing discrimination case within thirty (30) days of the filing of the complaint.

(b)

In conducting an investigation of any housing complaint, the Director shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence relevant to the complaint and may examine, record, photograph and copy such materials and take and record the testimony or statements of such persons and issue such interrogatories as are reasonably necessary for the furtherance of the investigation. The Commission may enter an order compelling answers to interrogatories. The Commission may issue subpoenas to compel access to or the production of materials, or appearance of persons, to the same extent and subject to the same limitations as all other subpoenas issued by the County Court of Miami-Dade County, Florida.

(5)

Subpoenas.

(a)

Witnesses summoned by subpoena of the Commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the County Court of Miami-Dade County, Florida. Fees payable to a witness summoned by subpoena issued at the request of a party shall be paid by the party, or where the party is unable to pay due to indigence, shall be paid by the Commission.

(b)

Within ten (10) days after service of a subpoena upon any person, such person may petition the Commission to revoke or modify the subpoena. The Commission shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(c)

In the case of the contumacy or refusal to obey a subpoena, the Commission or any party may seek enforcement of a subpoena issued under the authority of this chapter by filing a petition for enforcement in the County Court of Miami-Dade County, Florida.

(d)

In any enforcement proceeding authorized by this chapter, the court may award to the prevailing party all or part of the costs and Attorney's fees incurred in obtaining the court order as authorized by the Florida Rules of Civil Procedure;

(e)

Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in his or her power to do so, may be fined by the County Court of Miami-Dade County, Florida, not more than five hundred dollars ($500.00) or imprisoned not more than sixty (60) days or both.

(f)

Any person who, with intent thereby to mislead the Commission or the Director, makes or causes to be made any false entry or statement of fact in any report, account, record or other document submitted to the Commission pursuant to its subpoena or other order or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, may be fined by the County Court of Miami-Dade County, Florida, not more than five hundred dollars ($500.00) or imprisoned not more than sixty (60) days or both.

(6)

Applicability of Florida Rules of Civil Procedure; applicable to all complaints.

(a)

The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed or allowed by this article or by rules, regulations or orders adopted pursuant to this article.

(b)

All papers or pleadings required by this chapter to be served may be served by certified mail or in accordance with Rule 1.080, Florida Rules of Civil Procedure.

(7)

Finding related to probable cause.

(a)

The Director shall make a finding related to probable cause not later than one hundred (100) days from receipt of the complaint or amended complaint; provided, however, if the Director is unable to make a finding related to probable cause within one hundred (100) days after the filing of the complaint, the Director shall notify the complainant and the respondent in writing of the reasons for not doing so.

(b)

At the end of any investigation under this chapter, the Director shall prepare a finding related to probable cause consisting of a final investigative report and recommended order. The Director's final investigative report and recommended order shall contain:

(i)

The names and dates of contacts with witnesses;

(ii)

A summary and the dates of correspondence and other contracts with the complainant and the respondent;

(iii)

A summary description of other pertinent records;

(iv)

A summary of witness statements;

(v)

Any responses to requests for discovery; and

(vi)

Recommendations including, but not limited to the issues of liability for a violation of this article, affirmative action, reasonable accommodation, quanitifiable damages, costs, attorney's fees, interest and civil fines.

(c)

The Director's recommended order shall become final twenty (20) days after issuance, unless a hearing is requested in writing as provided in 11A-14(9)(a). The investigative report and final order may be amended if additional evidence is later discovered and if amended shall become final ten (10) days thereafter.

(d)

If the Director determines that no probable cause exists to believe that a violation of this chapter has occurred or is about to occur, the Director shall promptly dismiss the complaint. The Director shall publicly disclose each such dismissal.

(8)

Conciliation.

(a)

It is the policy of the Director and the Commission to encourage conciliation of complaints. The Director will work with the parties in an attempt to conciliate the complaint. A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the Director. Consistent with federal fair housing laws, a conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Director determines that disclosure is not required to further the purpose of the federal Fair Housing Act or this article.

(b)

Whenever the Director has reasonable cause to believe that a party has breached a conciliation agreement, the Director shall refer the matter to the County Attorney with a recommendation that a civil action be filed in a court of competent jurisdiction for enforcement of such agreement.

(c)

Nothing said or done in the course of attempting conciliation under this chapter may be used as evidence in any subsequent proceeding under this chapter or otherwise without the written consent of the parties to the underlying complaint of unlawful conduct.

(9)

Hearing in front of Commission on Human Rights or Hearing Officer.

(a)

If within twenty (20) days after receipt of the Director's finding related to probable cause under Title VIII of the Civil Rights Act of 1968 as amended, the complainant or respondent does not elect to have the findings decided in a civil action by a court of competent jurisdiction as prescribed in 11A-16 and a conciliation agreement has not been reached, then the Director shall provide an opportunity for a hearing before the Commission or a Hearing Officer.

(b)

The written request for a hearing shall be made by the complainant or respondent within twenty (20) days after receipt of the Director's determination. A written request for a hearing submitted more than twenty (20) days after receipt of the Director's determination may be granted only upon showing of good cause. The Director shall have the final authority in deciding whether a good cause has been shown. No hearing may be had from a Director's decision that good cause has not been shown. No hearing may be had from the Director's finding of lack of jurisdiction.

(c)

The hearing shall commence no later than one hundred twenty (120) days after the issuance of the Director's finding related to probable cause, unless it is impracticable to do so. If the Commission is not able to commence the hearing within one hundred twenty (120) days after the issuance of the Director's finding, the Commission shall notify the complainant and respondent in writing of the reasons for not doing so.

(d)

The Commission shall make findings of fact and conclusions of law within sixty (60) days after completion of the hearing, unless it is impracticable to do so. If the Commission does not make findings of fact and conclusions of law within sixty (60) days, then the Commission shall notify the complainant and respondent in writing of the reasons for not doing so.

(e)

The Commission shall not continue to conduct a hearing after the commencement of a trial of civil action by the complainant seeking relief with respect to the discriminatory housing practice which was the basis of the hearing.

(f)

In any hearing before the Commission or Hearing Officer pursuant to this section, the respondent may file a written answer to the complaint. All parties shall appear at the hearing in person, with or without counsel, and may submit evidence, cross-examine witnesses, obtain issuance of subpoenas and otherwise be heard. Testimony taken at the hearing shall be under oath. Upon written application to the Commission, a party shall be entitled to the issuance of a reasonable number of subpoenas to compel the attendance of witnesses and/or the production of documents at a hearing or at a deposition in connection with a hearing. Subpoenas issued at the request of a party shall show on their face the name and address of such party, shall state that they were issued at the party's request and shall be subject to the same limitations as subpoenas issued by the County Court of Miami-Dade County, Florida.

(g)

Discovery shall be permitted upon motion of any party and shall proceed in the manner provided by the Florida Rules of Civil Procedure.

(h)

The Chairperson may direct that the parties to submit a pre-hearing statement addressing the issues of law and fact that will be involved in such hearing, identify the witnesses that will testify, and provide a list of all documents or other types of exhibits that will be submitted.

(i)

Upon the conclusion of the hearing, an adjudicative final order shall be issued and serviced upon the parties.

(j)

In any proceeding under this article, the burden of proof rests upon the complainant.

(k)

Copies of current rules of procedures shall be available at the office of the Director.

(10)

Final administrative disposition. The Commission or Director shall make a final administrative disposition of a complaint within one (1) year of the date of receipt of the complaint, unless it is impracticable to do so. If the Commission or Director is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 06-179, § 11, 12-5-06; Ord. No. 09-53, § 12, 6-30-09)