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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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.