E. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, or national origin.
Sec. 8.5. Discrimination in the financing of house.
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance t a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or give:
PROVIDED, that nothing contained in this Section shall impair the scope or effectiveness of the exception contained in Section 3.
Sec. 8.6. Discrimination in the provision of brokerage service.
It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, member ship, or participation, on account of race, color, religion, sex, or national origin.
Sec. 8.7. Administration.
A. The authority and responsibility for administering this Ordinance shall be with the Town Council.
B. The Council may delegate its functions, duties, and powers to an appointed board, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this Ordinance.
C. The Council or its appointed board shall:
1) Implement the provisions of this Ordinance and rules and regulations promulgated hereunder and all ordinances, codes, rules, and regulations pertaining to housing discrimination.
2) Receive, initiate, and investigate any and all complaints alleging violation of the Ordinance, and take appropriate action to eliminate, conciliate, prevent, and/or initiate prosecution of any such violations.
3) Provide assistance in all matters relating to equal housing opportunity.
4) Publish and disseminate public information and educational materials relating to housing discrimination.
5) Enter into written working agreements, as may be necessary to effectuate the purposes of this Ordinance, with federal, state and county agencies involved in reducing housing discrimination.
6) Administer oaths and compel the attendance of witnesses and the production of evidence before it by subpoenas issued by the Commission or its appointed board.
7) Take other informational, educational, or persuasive actions to implement the purposes of this Ordinance.
Sec. 8.8. Procedure.
A. Any person aggrieved by an unlawful practice prohibited by this Ordinance must file a written complaint with the Council or its appointed board within forty-five (45) days after the alleged unlawful practice occurs.
B. Upon receipt of a complaint, the Council or its appointed board shall serve upon the individual charged with a violation (hereinafter referred to as the respondent), the complaint and a written resume setting forth the rights of the parties including, but not limited to, the right of the respondent to a hearing on the matter before adjudication by the Council or its appointed board.
C. The Council or its appointed board shall immediately investigate the complaint. Within sixty (60) days from the date of the receipt of the complaint, the Council or its appointed board shall establish written report with findings of fact.
D. Copies of the Council or its appointed board's report shall be sent to the complainant and the respondent. Either may within ten (10) days after such services, request a hearing before the Council
E. When the complainant or the respondent request a hearing by the Council or its appointed board, or when the Council or its appointed board itself determine that a hearing is desirable, the Council or its appointed board shall call and conduct such hearing in accordance with Section 9, below.
F. The Council or its appointed board shall carry into execution the actions specified in its report, or, if a hearing is held, shall carry into execution the actions determined upon by the Council or its appointed board in the hearing.
G. The Council or its appointed board in its review or its hear may determine:
1) That the complaint lacks ground upon which to base action for violation of this Ordinance, or
2) That the complaint has been adequately dealt with by conciliation of the parties, or
3) That the case warrants filing charges against the offending party in the appropriate court. In some cases both conciliation and adjudicative orders, or both adjudicative orders and initiation of court action may be indicated.
H. If the Council or its appointed board issues an adjudicative order to correct, adjust, conciliate, prevent, or prohibit any unlawful act prohibited by this Ordinance, and the respondent refuses or fails to comply with or obey such adjudication, the Council or its appointed board shall forthwith request that the State Attorney file a complaint in the appropriate court. The Council or its appointed board shall, at all times, provide the complainant with full and timely information as to all the alternatives available to him or her under local, State and Federal law, including assistance to initiate judicial action if desired, under the circumstances.
I. The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed by this Ordinance.
J. All papers or pleadings required by this Ordinance to be served may be served by certified mail or in accordance with the provisions of Rule 1.080 (b), Florida Rules of Civil Procedure.
Sec. 8.9. Hearings before the Town Council.
A. When a hearing is required before the Council or its appointed board, as specified in Section 8 (e) above, the Council or its appointed board shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than fifteen (15) days after service of such notice and of the Council or its appointed board's written report (Section 8 (d) above).
B. The parties, or their authorize council, may file such statements with the Council or its appointed board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the Council or its appointed board in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The Council or its appointed board shall not be bound by strict rules of evidence prevailing in courts of law or equity but due process shall be observed. The Council or its appointed board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings the Council or its appointed board shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.
D. The Council or its appointed board shall make a finding in fact, and a determination of action to be taken (Section 8 (g) above).
E. The Council or its appointed board may issue subpoenas to compel access to or the production or appearance or premises, records, documents, individuals, and other evidence or possible sources of evidence relative to the complaint at issue.
Upon written application to the Council or its appointed board, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Council or, to the same extent and subject to the same limitations as subpoenas issued by the Council or its appointed board itself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.
F. Witnesses summoned by subpoena of the Council or its appointed board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the State courts of Florida. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him, unless he is indigent in which case the Council shall bear the cost of said fees.
G. Within ten (10) days after service of a subpoena upon any person, such person may petition the Council or its appointed board to revoke or modify the subpoena. The Council or its appointed board 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.
H. In case of refusal to obey a subpoena, the Council or its appointed board or the person at whose request it was issued may petition for its enforcement in the appropriate court.
Sec. 8.10. Other Remedies.
Nothing herein shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing of any complaint with any other agency or any court having proper jurisdiction.
Sec. 8.11. Report to Real Estate Commission.
If a real estate broker, a real estate salesman, or an employee thereof has been found to have committed an unlawful practice in violation of this Ordinance, or has failed to comply with an order issued by the Council or its appointed board, the Council or its appointed board shall, in addition to the other procedures set forth herein, report the facts to the Real Estate Commission of the State of Florida.