House Bill hb0019
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Florida House of Representatives - 2001 HB 19
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; providing for a registration fee;
10 providing for fines; amending s. 760.31, F.S.;
11 providing for rules; providing an effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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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 - 2001 HB 19
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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 an affidavit, or other
28 document approved by the commission, stating that the facility
29 or community complies with the requirements of paragraph
30 (b)1., 2., or 3. The affidavit shall be submitted on the
31 letterhead of the facility or community or in some other form
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Florida House of Representatives - 2001 HB 19
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1 approved by the commission and shall be signed by the
2 president of the facility or community. This registration and
3 documentation shall be renewed biennially from the date of
4 original filing. The information in the registry shall be made
5 available to the public, and the commission shall include this
6 information on an Internet website. The commission may
7 establish a reasonable registration fee, not to exceed $20,
8 that shall be deposited into the commission's trust fund to
9 defray the administrative costs associated with maintaining
10 the registry. The commission may impose an administrative
11 fine, not to exceed $500, on a facility or community that
12 knowingly submits false information in the documentation
13 required by this paragraph. Such fines shall be deposited in
14 the commission's trust fund. The registration and submission
15 of an affidavit, or other document approved by the commission,
16 shall not substitute for proof of compliance with the
17 requirements of this subsection.
18
19 A county or municipal ordinance regarding housing for older
20 persons may not contravene the provisions of this subsection.
21 Section 2. Subsection (5) of section 760.31, Florida
22 Statutes, is amended to read:
23 760.31 Powers and duties of commission.--The
24 commission shall:
25 (5) Adopt rules necessary to implement ss.
26 760.20-760.37 and govern the proceedings of the commission in
27 accordance with chapter 120. Commission rules shall clarify
28 terms used with regard to handicapped accessibility,
29 exceptions from accessibility requirements based on terrain or
30 site characteristics, and requirements related to housing for
31 older persons. Commission rules shall specify the fee and the
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1 forms and procedures to be used for the registration required
2 by s. 760.29(4)(e).
3 Section 3. This act shall take effect October 1, 2001,
4 provided that a facility or community that otherwise qualifies
5 for the exemption provided in s. 760.29(4), Florida Statutes,
6 shall have until February 1, 2002, to comply with the
7 requirements of this act.
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10 HOUSE SUMMARY
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Provides that, to qualify for the exemption from the Fair
12 Housing Act with respect to familial status for housing
for older persons, a facility or community shall register
13 with the Florida Commission on Human Relations and submit
an affidavit affirming compliance with specified
14 requirements. Provides for a registration fee and
authorizes the commission to impose a fine for filing
15 false information.
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