Florida Senate - 2012                                     SB 442
       By Senator Braynon
       33-00434-12                                            2012442__
    1                        A bill to be entitled                      
    2         An act relating to fair housing; amending s. 760.35,
    3         F.S.; providing that an aggrieved person may file a
    4         civil action without first filing an administrative
    5         complaint for a discriminatory housing practice;
    6         providing that, if the Florida Commission on Human
    7         Relations or local agency has obtained a conciliation
    8         agreement with the consent of the aggrieved person,
    9         the filing of a civil action is prohibited, except to
   10         enforce the terms of the agreement; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (4) is added to section 760.35,
   16  Florida Statutes, to read:
   17         760.35 Civil actions and relief; administrative
   18  procedures.—
   19         (4) An aggrieved person may commence a civil action under
   20  this section whether or not a complaint has been filed under s.
   21  760.34 and without regard to the status of that complaint.
   22  However, if the commission or local agency has obtained a
   23  conciliation agreement with the consent of an aggrieved person,
   24  an action may not be filed under this section by the aggrieved
   25  person with respect to the alleged discriminatory housing
   26  practice that forms the basis for the complaint except for the
   27  purpose of enforcing the terms of that agreement.
   28         Section 2. This act shall take effect July 1, 2012.