House Bill 0475c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 475
By the Committee on Community Affairs and 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
4 certain housing facilities or communities shall
5 be deemed housing for older persons despite
6 specified provisions in the document which
7 governs deed restrictions pertaining to that
8 facility or community; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (4) of section
14 760.29, Florida Statutes, is amended to read:
15 760.29 Exemptions.--
16 (4)
17 (b) As used in this subsection, the term "housing for
18 older persons" means housing:
19 1. Provided under any state or federal program that
20 the commission determines is specifically designed and
21 operated to assist elderly persons, as defined in the state or
22 federal program;
23 2. Intended for, and solely occupied by, persons 62
24 years of age or older; or
25 3. Intended and operated for occupancy by persons 55
26 years of age or older that meets the following requirements:
27 a. At least 80 percent of the occupied units are
28 occupied by at least one person 55 years of age or older.
29 b. The housing facility or community publishes and
30 adheres to policies and procedures that demonstrate the intent
31 required under this subparagraph. If the housing facility or
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 475
171-617-99
1 community meets the requirements of sub-subparagraphs a. and
2 c. and the recorded governing documents provide for an adult,
3 senior, or retirement housing facility or community and the
4 governing documents lack an amendatory procedure, prohibit
5 amendments, or restrict amendments until a specified future
6 date, then that housing facility or community shall be deemed
7 housing for older persons intended and operated for occupancy
8 by persons 55 years of age or older. If those documents
9 further provide a prohibition against residents 16 years of
10 age or younger, that provision shall be construed, for
11 purposes of the Fair Housing Act, to only apply to residents
12 18 years of age or younger, in order to conform with federal
13 law requirements. Governing documents which can be amended at
14 a future date must be amended and properly recorded within 1
15 year after that date to reflect the requirements for
16 consideration as housing for older persons, if that housing
17 facility or community intends to continue as housing for older
18 persons.
19 c. The housing facility or community complies with
20 rules made by the Secretary of the United States Department of
21 Housing and Urban Development pursuant to 24 C.F.R. part 100
22 for verification of occupancy, which rules provide for
23 verification by reliable surveys and affidavits and include
24 examples of the types of policies and procedures relevant to a
25 determination of compliance with the requirements of
26 sub-subparagraph b. Such surveys and affidavits are
27 admissible in administrative and judicial proceedings for the
28 purposes of such verification.
29
30 A county or municipal ordinance regarding housing for older
31 persons may not contravene the provisions of this subsection.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 475
171-617-99
1 Section 2. This act shall take effect upon becoming a
2 law.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3