House Bill 0897
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    Florida House of Representatives - 2000                 HB 897
        By Representative Greenstein
  1                      A bill to be entitled
  2         An act relating to the Fair Housing Act;
  3         amending s. 760.29, F.S.; providing that, to
  4         qualify for the exemption from said act with
  5         respect to familial status for housing for
  6         older persons, a facility or community shall
  7         register with the Florida Commission on Human
  8         Relations and affirm compliance with specified
  9         requirements under penalty of perjury;
10         providing for a registration fee; providing for
11         fines; amending s. 760.31, F.S.; providing for
12         rules; providing an effective date.
13
14  Be It Enacted by the Legislature of the State of Florida:
15
16         Section 1.  Paragraph (e) is added to subsection (4) of
17  section 760.29, Florida Statutes, to read:
18         760.29  Exemptions.--
19         (4)(a)  Any provision of ss. 760.20-760.37 regarding
20  familial status does not apply with respect to housing for
21  older persons.
22         (b)  As used in this subsection, the term "housing for
23  older persons" means housing:
24         1.  Provided under any state or federal program that
25  the commission determines is specifically designed and
26  operated to assist elderly persons, as defined in the state or
27  federal program;
28         2.  Intended for, and solely occupied by, persons 62
29  years of age or older; or
30         3.  Intended and operated for occupancy by persons 55
31  years of age or older that meets the following requirements:
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  1         a.  At least 80 percent of the occupied units are
  2  occupied by at least one person 55 years of age or older.
  3         b.  The housing facility or community publishes and
  4  adheres to policies and procedures that demonstrate the intent
  5  required under this subparagraph. If the housing facility or
  6  community meets the requirements of sub-subparagraphs a. and
  7  c. and the recorded governing documents provide for an adult,
  8  senior, or retirement housing facility or community and the
  9  governing documents lack an amendatory procedure, prohibit
10  amendments, or restrict amendments until a specified future
11  date, then that housing facility or community shall be deemed
12  housing for older persons intended and operated for occupancy
13  by persons 55 years of age or older. If those documents
14  further provide a prohibition against residents 16 years of
15  age or younger, that provision shall be construed, for
16  purposes of the Fair Housing Act, to only apply to residents
17  18 years of age or younger, in order to conform with federal
18  law requirements. Governing documents which can be amended at
19  a future date must be amended and properly recorded within 1
20  year after that date to reflect the requirements for
21  consideration as housing for older persons, if that housing
22  facility or community intends to continue as housing for older
23  persons.
24         c.  The housing facility or community complies with
25  rules made by the Secretary of the United States Department of
26  Housing and Urban Development pursuant to 24 C.F.R. part 100
27  for verification of occupancy, which rules provide for
28  verification by reliable surveys and affidavits and include
29  examples of the types of policies and procedures relevant to a
30  determination of compliance with the requirements of
31  sub-subparagraph b.  Such surveys and affidavits are
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    Florida House of Representatives - 2000                 HB 897
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  1  admissible in administrative and judicial proceedings for the
  2  purposes of such verification.
  3         (c)  Housing shall not fail to be considered housing
  4  for older persons if:
  5         1.  A person who resides in such housing on or after
  6  October 1, 1989, does not meet the age requirements of this
  7  subsection, provided that any new occupant meets such age
  8  requirements; or
  9         2.  One or more units are unoccupied, provided that any
10  unoccupied units are reserved for occupancy by persons who
11  meet the age requirements of this subsection.
12         (d)  A person shall not be personally liable for
13  monetary damages for a violation of this subsection if such
14  person reasonably relied in good faith on the application of
15  the exemption under this subsection relating to housing for
16  older persons. For purposes of this paragraph, a person may
17  show good faith reliance on the application of the exemption
18  only by showing that:
19         1.  The person has no actual knowledge that the
20  facility or the community is ineligible, or will become
21  ineligible, for such exemption; and
22         2.  The facility or community has stated formally, in
23  writing, that the facility or community complies with the
24  requirements for such exemption.
25         (e)  To qualify for the exemption provided by this
26  subsection, a facility or community shall register with the
27  commission and submit to the commission a sworn affidavit, or
28  other document approved by the commission, stating, under
29  penalty of perjury, that the facility or community complies
30  with the requirements of paragraph (b)2. or 3.a. and b. The
31  affidavit shall be submitted on the letterhead of the facility
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  1  or community or in some other form approved by the commission
  2  and shall be signed by the president of the facility or
  3  community, under penalty of perjury.  This registration and
  4  documentation shall be renewed biennially from the date of
  5  original filing. The information in the registry shall be made
  6  available to the public, and the commission shall include this
  7  information on an Internet website. The commission may
  8  establish a reasonable registration fee that shall be
  9  deposited into the commission's trust fund to defray the
10  administrative costs associated with maintaining the registry.
11  The commission may impose an administrative fine, not to
12  exceed $500, on a facility or community that knowingly submits
13  false information in connection with this registration.
14
15  A county or municipal ordinance regarding housing for older
16  persons may not contravene the provisions of this subsection.
17         Section 2.  Subsection (5) of section 760.31, Florida
18  Statutes, is amended to read:
19         760.31  Powers and duties of commission.--The
20  commission shall:
21         (5)  Adopt rules necessary to implement ss.
22  760.20-760.37 and govern the proceedings of the commission in
23  accordance with chapter 120.  Commission rules shall clarify
24  terms used with regard to handicapped accessibility,
25  exceptions from accessibility requirements based on terrain or
26  site characteristics, and requirements related to housing for
27  older persons. Commission rules shall specify the forms and
28  procedures to be used for the registration required by s.
29  760.29(4)(e).
30         Section 3.  This act shall take effect October 1, 2000.
31
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    Florida House of Representatives - 2000                 HB 897
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  2                          HOUSE SUMMARY
  3
      Provides that, to qualify for the exemption from the Fair
  4    Housing Act with respect to familial status for housing
      for older persons, a facility or community shall register
  5    with the Florida Commission on Human Relations and submit
      a sworn affidavit affirming compliance with specified
  6    requirements under penalty of perjury. Provides for a
      registration fee and authorizes the commission to impose
  7    a fine for filing false information.
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