§ 11.5-28. Procedure.

(a)

Any person aggrieved by an unlawful practice prohibited by this article must file a written complaint with the "general statements of facts of the offense including the basis of the discrimination (race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap, or age)" with the BCC or its appointed board within 45 days after the alleged unlawful practice occurs.

(b)

Upon receipt of a complaint, the commission 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 BCC or its appointed board.

(c)

The BCC or its appointed board shall immediately investigate the complaint. Within 60 days from the date of the receipt of the complaint, the BCC or its appointed board shall establish written report with findings of fact.

(d)

Copies of the BCC's or its appointed board's report shall be sent to the complainant and the respondent. Either may within ten days after such services, request a hearing before the BCC.

(e)

When the complainant or the respondent requests a hearing by the BCC or its appointed board, or when the BCC or its appointed board itself determines that a hearing is desirable, the BCC or its appointed board shall call and conduct such hearing in accordance with section 11.5-29, below.

(f)

The BCC 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 BCC or its appointed board in the hearing.

(g)

The BCC or its appointed board in its review or its hearing may determine:

(1)

That the complaint lacks ground upon which to base action for violation of this article.

(2)

That the complaint has been adequately dealt with by conciliation of the parties.

(3)

That the case warrants filing charges against the offending party in the appropriate court. In some cases both conciliation and the adjudicative orders, or both adjudicative orders and initiation of court action may be indicated.

(h)

If the BCC or its appointed board issues an adjudicative order to correct, adjust, conciliate, prevent, or prohibit any unlawful act prohibited by this article, and the respondent refuses or fails to comply with or obey such adjudication, the BCC or its appointed board shall forthwith request that the state attorney file a complaint in the appropriate court. The BCC 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 article.

(j)

All papers or pleadings required by this article 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.

(Ord. No. 91-04, § 8, 1-15-91)