The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

View Entire Chapter

F.S. 760.23

760.23 Discrimination in the sale or rental of housing and other prohibited practices.—

(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, disability, familial status, or religion.

(2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, disability, familial status, or religion.

(3) It is unlawful 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, national origin, sex, disability, familial status, or religion or an intention to make any such preference, limitation, or discrimination.

(4) It is unlawful to represent to any person because of race, color, national origin, sex, disability, familial status, or religion that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(5) It is unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, sex, disability, familial status, or religion.

(6) The protections afforded under ss. 760.20-760.37 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(7) It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(8) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(9) For purposes of subsections (7) and (8), discrimination includes:

(a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

(10) Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by commission rule. Such buildings shall also be designed and constructed in such a manner that:

(a) The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities.

(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair.

1. An accessible route into and through the dwelling.

2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

3. Reinforcements in bathroom walls to allow later installation of grab bars.

4. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.

(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for persons with physical disabilities, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (c).

State agencies with building construction regulation responsibility or local governments, as appropriate, shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection.

History.—s. 5, ch. 83-221; s. 2, ch. 84-117; s. 2, ch. 89-321; s. 6, ch. 2020-76.

F.S. 760.23 on Google Scholar

F.S. 760.23 on Casetext

Amendments to 760.23

Arrestable Offenses / Crimes under Fla. Stat. 760.23

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.23.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NOAH, v. ASSOR,, 379 F. Supp. 3d 1284 (S.D. Fla. 2019)

. . . Stat. § 760.23(3) ; and in Count VI, Fla. Stat. § 760.23(2). . . . Section 760.23(3) In Count III, Plaintiff asserts Defendant violated Florida Statute Section 760.23(3 . . . Stat. § 760.23(3) (emphasis added). . . . Stat. § 760.23(2) ; 42 U.S.C. § 3604(c) and Fla. Stat. § 760.23(3) ; and 42 U.S.C. § 3617 and Fla. . . . not a Section 760.23(3) claim. . . .

HARBOUR POINTE OF PERDIDO KEY CONDOMINIUM ASSOCIATION, INC. v. HENKEL,, 216 So. 3d 753 (Fla. Dist. Ct. App. 2017)

. . . . § 3604(f)(3)(a) (2017); § 760.23(9), Fla. Stat. (2017). . . .

HOUSING OPPORTUNITIES PROJECT, v. SPV REALTY, LC,, 212 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . inaccurate information to potential rental applicants in protected classes, in violation of section 760.23 . . .

FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. v. SONOMA BAY COMMUNITY HOMEOWNERS ASSOCIATION, INC., 141 F. Supp. 3d 1321 (S.D. Fla. 2015)

. . . . § 760.23(1) because, they argue, it amounts to a refusal to rent, or a refusal to negotiate for the . . . Stat. § 760.23(2) because, Plaintiffs argue, they amounted to discrimination in the terms, conditions . . . Stat. § 760.23(1). . See 42 U.S.C. § 3604(b); Fla. Stat. § 760.23(2). . . . . Stat. § 760.23(3). .In a civil action brought pursuant to the federal Fair Housing Act, the Court may . . .

PHILIPPEAUX, v. APARTMENT INVESTMENT AND MANAGEMENT COMPANY, AIMCO, MCZ II, LLC,, 598 F. App'x 640 (11th Cir. 2015)

. . . . § 760.23(9)(b). . . .

BHOGAITA, v. ALTAMONTE HEIGHTS CONDOMINIUM ASS N, INC., 765 F.3d 1277 (11th Cir. 2014)

. . . . § 760.23(9)(b), respectively, when it enforced its pet weight policy and demanded Bhogaita remove his . . .

TELESCA, v. VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC., 390 F. App'x 877 (11th Cir. 2010)

. . . . §§ 760.23(8), 760.37, and § 11A-I2(l)(b) & (r) of the Miami-Dade County Code of Ordinances. . . . Stat. §§ 760.23(8), 760.37 are substantially identical to the Federal Fair Housing Act, 42 U.S.C. §§ . . .

C. HAWN, v. SHORELINE TOWERS PHASE CONDOMINIUM ASSOCIATION, INC. L. O, 347 F. App'x 464 (11th Cir. 2009)

. . . . § 760.23, and intentional infliction of emotional distress, all stemming from Shoreline’s refusal to . . . Stat. § 760.23(9)(b) claims. B. . . . Stat. § 760.23(3) claims. C. . . . Stat. § 760.23(9)(b) and (3), respectively. . . .

BELLETETE, v. HALFORD,, 886 So. 2d 308 (Fla. Dist. Ct. App. 2004)

. . . Count II alleged rental discrimination under Florida Statutes sections 760.23 and 760.35. . . . Section 760.23 provides: It is unlawful to refuse to sell or rent after the making of a bona fide offer . . .

M. GOURLAY K. v. FOREST LAKE ESTATES CIVIC ASSOCIATION OF PORT RICHEY, INC. A., 276 F. Supp. 2d 1222 (M.D. Fla. 2003)

. . . . § 760.23(1). B. . . . Stat. § 760.23(2). C. . . . Stat. § 760.23(1). . . . . Stat. § 760.23(2). . . . . Stat. 760.23(3). . . . .

R. DORNBACH K. v. F. HOLLEY K., 854 So. 2d 211 (Fla. Dist. Ct. App. 2002)

. . . In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate . . . accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” § 760.23 . . .

LOREN, J. v. M. SASSER, Jr. a a, 309 F.3d 1296 (11th Cir. 2002)

. . . . § 760.23(9)(a) & (b) (identical statutory wording). . . .

WOODSIDE VILLAGE CONDOMINIUM ASSOCIATION, INC. v. S. JAHREN M., 806 So. 2d 452 (Fla. 2002)

. . . As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit . . . For purposes of section 760.23(7) and (8), pertaining to discrimination because of a handicap, discrimination . . . accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” § 760.23 . . . Section 760.23(7)-(8) provides: (7) It is unlawful to discriminate in the sale or rental of, or to otherwise . . . after it is sold, rented, or made available; or (c) Any person associated with the buyer or renter. § 760.23 . . .

ELLIOTT, v. SHERWOOD MANOR MOBILE HOME PARK, 947 F. Supp. 1574 (M.D. Fla. 1996)

. . . . § 760.23(8). . . . See■ Fla.Stat. § 760.23(9). . . .

M. HONIG, v. FLORIDA COMMISSION ON HUMAN RELATIONS,, 659 So. 2d 1236 (Fla. Dist. Ct. App. 1995)

. . . Similarly, sections 760.23, 760.24, and 760.25 describe prohibited practices in the sale or rental of . . .

STATE v. STALDER, STATE v. LEATHERMAN,, 630 So. 2d 1072 (Fla. 1994)

. . . . § 760.23, Fla.Stat. (1991). . . . .

GODWIN, v. STATE, 593 So. 2d 211 (Fla. 1992)

. . . Kg., §§ 760.22(7), 760.23, Fla.Stat. (1989) (housing discrimination); accord § 228.-2001, Fla.Stat. ( . . .

BAYTREE OF INVERRARY REALTY PARTNERS, v. CITY OF LAUDERHILL,, 873 F.2d 1407 (11th Cir. 1989)

. . . . §§ 760.23 and 760.37 (1986), should be treated similarly because these sections are identical in substance . . .

M. IRIZARRY, v. PALM SPRINGS GENERAL HOSPITAL,, 657 F. Supp. 739 (S.D. Fla. 1986)

. . . . §§ 760.23 & 760.34 (West 1986). This Court DISMISSES the Plaintiffs fourth amendment claim. . . .

NORTH AMERICAN PHILIPS COMPANY, INC. v. THE UNITED STATES, 154 Ct. Cl. 754 (Ct. Cl. 1961)

. . . Interest on settlement proposal_ 26, 760.23 10.Interest on loan capital_ 1,666.67 78,469.99 Less: Termination . . .