ADMINISTRATIVE ENFORCEMENT

Jacksonville Ordinance Code tit. XI, ch. 408, pt. 5

in effect

Jacksonville Ordinance Code § 408.501 Complaint.

Sec. 408.501. - Complaint. (a) The Commission, or its designee, shall investigate alleged discriminatory housing practices. (b) A complaint must be: (1) In writing; (2) Under oath; and (3) In the form prescribed by the Commission. (c) 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 Commission alleging the discriminatory housing practice. (d) Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the Commission, or its designee, may file its own complaint. (e) A complaint may be amended at any time. (f) On the filing of a complaint the Commission shall: (1) Give the aggrieved person and/or complainant notice that the complaint has been received. (2) Advise the aggrieved person and/or complainant of the time limits and choice of forums under this Part; and (3) Not later than the twentieth day after the filing of the complaint or the identification of an additional respondent under Section 408.504 of this Part, serve on each respondent: (A) 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 (B) A copy of the original complaint. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.502 Answer.

Sec. 408.502. - Answer. (a) Not later than the tenth day after receipt of the notice and copy under subparagraph (f)(3) of Section 408.501 of this Part, a respondent may file an answer to the complaint. (b) An answer must be (1) In writing; (2) Under oath; and (3) In the form prescribed by the Commission. (c) An answer may be amended at any time. (d) An answer does not inhibit the investigation of a complaint. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.503 Investigation.

Sec. 408.503. - Investigation. (a) For complaints filed with the Commission and for all other complaints that the federal government has referred to the Commission or has deferred jurisdiction over the subject matter of the complaint to the Commission, the Commission, or its designee, shall begin to investigate the allegations set forth in the complaint within 30 days. (b) The Commission, or its designee, shall investigate all complaints, and except as provided by subsection (c) of this Section, shall complete an investigation not later than the one hundredth day after the date the complaint is filed. (c) If the commission, or its designee, is unable to complete administrative disposition within the time periods prescribed in subsection (b) of this Section, the commission shall notify the complainant and the respondent, in writing, of the reasons for the delay. (Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 22)

Jacksonville Ordinance Code § 408.504 Additional or substitute respondent.

Sec. 408.504. - Additional or substitute respondent. (a) The Commission, or its designee, may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation it determines that the person should be accused of a discriminatory housing practice. (b) In addition to the information required in the notice under subsection (f)(3) of Section 408.501 in a notice to a respondent joined under this Section the Commission, or its designee, 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. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.505 Conciliation.

Sec. 408.505. - Conciliation. (a) The Commission, or its designee, shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the Commission, to the extent feasible, engage in conciliation with respect to the complaint. (b) A conciliation agreement is an agreement between a respondent and the complainant and is subject to Commission approval. (c) 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. (d) A conciliation agreement shall be made public unless the complainant and respondent agree otherwise, and the Commission, or its designee, determines that disclosure is not necessary to further the purposes of this Chapter. (e) Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this Part without the written consent of the persons concerned. (f) After completion of the investigation, the Commission, or its designee, shall make available to the aggrieved person and the respondent, at any time, the final investigation report relating to that investigation and other information derived from the investigation, provided the release of such other information does not place an excessive burden on the complainant that might discourage the filing of complaints. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.506 Temporary or preliminary relief

Sec. 408.506. - Temporary or preliminary relief (a) If the Commission, or its designee, concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this Part, it may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint, in accordance with F.S. § 760.34(8). (b) On receipt of the Commission's authorization, the General Counsel shall promptly commence and maintain the action. (c) 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. (d) The filing of a civil action under this Section does not affect the initiation or continuation of administrative proceedings under Section 408.515 of this Part. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.507 Investigative report.

Sec. 408.507. - Investigative report. (a) The Commission, or its designee, shall prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; (3) A summary description of other pertinent records; (4) A summary of witnesses statements; and (5) Answers to interrogatories. (b) A final report under this Section may be amended if additional evidence is discovered. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.508 Reasonable cause determination.

Sec. 408.508. - Reasonable cause determination. (a) The Commission, or its designee, shall determine, based on the facts, whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. (b) The Commission shall make the determination under subsection (a) of this Section not later than the one hundredth day after the date a complaint is filed unless: (1) It is impracticable to make the determination; or (2) The commission, or its designee, has approved a conciliation agreement relating to the complaint. (c) If it is impracticable to make the determination within the time period provided by subsection (b) of this Section, the Commission shall notify the complainant and respondent in writing of the reasons for the delay. (d) If the Commission, or its designee, 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 408.510 of this Part, immediately issue a reasonable cause finding on behalf of the aggrieved person. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.509 Charge.

Sec. 408.509. - Charge. (a) A reasonable cause finding issued under Section 408.508 of this Part: (1) Must consist of a short and plain statement of the facts on which the Commission, or its designee, has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; (2) Must be based on the final investigative report; and (3) Need not be limited to the facts or grounds alleged in the complaint. (b) Not later than the twentieth day after the Commission, or its designee, issues a reasonable cause finding the Commission shall send a copy with information concerning the election under Section 408.513 of this Part to: (1) Each respondent, together with a notice of the opportunity for a hearing provided by Section 408.515 of this Part at a time and place specific in the notice; and (2) Each complainant on whose behalf the complaint was filed. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.510 Land use law.

Sec. 408.510. - Land use law. If the commission determines that the matter involves the legality of a State or local zoning or other land use law or ordinance, the Commission may not issue a charge and shall immediately refer the matter to the General Counsel's office for appropriate action. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.511 Dismissal.

Sec. 408.511. - Dismissal. (a) If the Commission, or its designee, 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. (b) The Commission shall make public disclosure of each dismissal under this Section. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.512 Pending civil trial.

Sec. 408.512. - Pending civil trial. The Commission, or its designee, 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. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.513 Election of judicial determination.

Sec. 408.513. - Election of judicial determination. (a) 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 408.514 of this Part. (b) The election must be made not later than the twentieth day after the date of receipt by the electing person of service under subsection (b) of Section 408.509 of this Part or, in the case of the Commission, not later than the twentieth day after the date the charge was issued. (c) The person making the election shall give notice to the Commission and to all other complainants and respondents to whom the charge relates. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.514 General Counsel's office action for enforcement.

Sec. 408.514. - General Counsel's office action for enforcement. (a) If a timely election is made under Section 408.513 of this Part, the Commission shall authorize, and not later than the thirtieth day after the election is made, the General Counsel shall file a civil action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by F.S. Ch. 760 and/or federal law. (b) An aggrieved person may intervene in the action. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.515 Administrative hearing.

Sec. 408.515. - Administrative hearing. (a) If a timely election is not made under Section 408.513 of this Part, the Commission, or its designee, shall provide for a hearing on the charge. (b) Except as provided by subsection (d) of this Section, the Florida Administrative Procedures Act (F.S. Ch. 120) governs hearings under this Section. (c) When the Commission, or its designee, has issued a reasonable cause finding and a judicial election has not been made under Section 408.513 nor a settlement agreement entered between the complainant and respondent, with the approval of the aggrieved person on whose behalf the charge was issued, the Commission, or its designee shall arrange for a hearing to be conducted by a Hearing Officer. The Commission, or its designee, shall then review the Hearing Officer's recommended order and the record and issue its final order within 30 calendar days of the date it receives the recommended order. (d) 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. (e) The General Counsel's office shall provide legal representation for the complainant in such administrative hearings. (f) Any party to the complaint shall have the right to petition for judicial review of the Commission's, or its designee's, final order in a court of competent jurisdiction. Such review shall be limited to a review of the Commission's, or its designee's, written document expressing its action and the record of the proceedings conducted by the Commission, or its designee, under this Section. A reviewing court may modify, revoke or remand the final order only upon a finding that such order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the essential requirements of law. (g) The Commission, or its designee may seek enforcement of a final order issued under this Section by filing a petition for enforcement in a court of competent jurisdiction. Such a petition for enforcement may request declaratory relief, temporary or permanent equitable relief, a fine, forfeiture, penalty and/or issuance of a money judgment for actual damages, attorney's fees and costs, as provided in the Commission's, or its designee's, final order. A court considering such petition shall grant it unless there is a showing by the respondent, based upon the record of the proceedings which were conducted under this Section, that the order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the substantial requirements of law. (h) If before the expiration of 30 days after the date the final order has been issued, the Commission, or its designee has not sought enforcement of such final order under subsection (g) of this Section, any person entitled to relief under the order may petition for a decree enforcing the order in a court of competent jurisdiction. (Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 23)

Jacksonville Ordinance Code § 408.516 Administrative penalties.

Sec. 408.516. - Administrative penalties. (a) If the Commission, or its designee, determines at a hearing under Section 408.515 of this Part that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Commission, or its designee, may order the appropriate relief, including actual damages, reasonable attorney's fees, costs, and other injunctive or equitable relief. (b) To vindicate the public interest, the Commission, or its designee, may assess a civil penalty against the respondent in an amount that does not exceed: (1) Ten thousand dollars if the respondent has not been adjudged by order of the Commission or a court to have committed a prior discriminatory housing practice; (2) Except as provided in subsection (c) of this Section, $25,000 if the respondent has been adjudged by order of the Commission 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 (3) Except as provided by subsection (c) of this Section, $50,000 if the respondent has been adjudged by order of the Commission 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. (c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, whether adjudged by this or other agencies, the civil penalties in subsections (b)(2) and (3) of this Section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. (d) At the request of the Commission, the General Counsel's office shall sue to recover a civil penalty due under this Section. Funds collected under this Section shall be paid to City of Jacksonville Finance and Administration Department and shall be used to offset expenses incurred by the Commission or General Counsel's office in enforcing this Part. (e) The penalties provided for under this Section are applicable regardless of whether the Commission or aggrieved party initiated the investigation under this Part. (Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 24; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 408.517 Effect of Commission order.

Sec. 408.517. - Effect of Commission order. A Commission order under Section 408.516 of this Part does not affect a contract, sale, encumbrance, or lease that: (1) Was consummated before the Commission issued the order; and (2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this Part. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.518 Licensed or regulated business.

Sec. 408.518. - Licensed or regulated business. If the Commission, or its designee, 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, the Commission, or its designee, shall, not later than the thirtieth day after the date of the issuance of the order: (1) Send copies of the findings and the order to the governmental agency; and (2) Recommend to the governmental agency appropriate disciplinary action. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.519 Order in preceding five years.

Sec. 408.519. - Order in preceding five years. If the Commission, or its designee, issues an order against a respondent against whom another order was issued within the preceding five years under Section 408.516 of this Part, the Commission shall send a copy of each order issued under that Section to the General Counsel. (Ord. 96-1089-659, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIEQOP_CH408FAHO_PT5ADENFetched: 10/27/2026