House Bill 0475

    Florida House of Representatives - 1999                 HB 475

        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.; reaffirming existing

  4         legislative intent that a housing facility or

  5         community may qualify as housing for older

  6         persons despite specified provisions in the

  7         document which governs deed restrictions

  8         pertaining to that facility or community;

  9         providing legislative purpose; providing for

10         retroactive applicability; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (e) is added to subsection (4) of

16  section 760.29, Florida Statutes, to read:

17         760.29  Exemptions.--

18         (4)

19         (e)1.  Any housing facility or community may qualify at

20  any time under this section as housing for older persons which

21  is exempt from ss. 760.20-760.37, notwithstanding any of the

22  following in the declaration of restrictions, as defined in s.

23  617.306(1)(b), of that housing facility or community, or in

24  any other such document governing deed restrictions, which was

25  executed before the effective date of this paragraph:

26         a.  The absence of an amending procedure;

27         b.  An express prohibition of amendments; or

28         c.  A restriction on amendments until a specified

29  future date.

30         2.  The purpose of this paragraph is to reaffirm

31  existing legislative intent that all existing housing

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 475

    706-104B-99






  1  facilities or communities may qualify as housing for older

  2  persons under this section. This paragraph applies

  3  retroactively to validate any amendments to a declaration of

  4  restrictions, or other such document governing deed

  5  restrictions enacted prior to the effective date of this

  6  paragraph, which heretofore complied with the requirements of

  7  this section to qualify as housing for older persons but which

  8  contained any of the provisions described in subparagraph 1.

  9  This paragraph does not void any contracts or deeds for sale

10  that were executed before the effective date of this

11  paragraph.

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13  A county or municipal ordinance regarding housing for older

14  persons may not contravene the provisions of this subsection.

15         Section 2.  This act shall take effect upon becoming a

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Revises certain exemptions in the Fair Housing Act to
21    reaffirm existing legislative intent that any housing
      facility or community may qualify at any time as housing
22    for older persons, despite specified provisions in the
      declaration of deed restrictions which governs the
23    facility or community. Provides legislative purpose.
      Provides for retroactive applicability.
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