House Bill 0475e1

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                                        CS/HB 475, First Engrossed



  1                      A bill to be entitled

  2         An act relating to housing for older persons;

  3         amending s. 760.29, F.S.; providing that

  4         certain housing facilities or communities shall

  5         be deemend housing for older persons despite

  6         specified provisions in the document which

  7         governs deed restrictions pertaining to that

  8         facility or community; amending s. 420.503,

  9         F.S.; providing that certain projects shall

10         qualify as housing for the elderly for purposes

11         of certain loans under the State Apartment

12         Incentive Loan Program, and shall qualify as a

13         project targeted for the elderly in connection

14         with allocation of low-income housing tax

15         credits and with the HOME program under certain

16         conditions; providing for severability of

17         invalid provisions, providing an effective

18         date.

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

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22         Section 1.  Paragraph (b) of subsection (4) of section

23  760.29, Florida Statutes, is amended to read:

24         760.29  Exemptions.--

25         (4)

26         (b)  As used in this subsection, the term "housing for

27  older persons" means housing:

28         1.  Provided under any state or federal program that

29  the commission determines is specifically designed and

30  operated to assist elderly persons, as defined in the state or

31  federal program;


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                                        CS/HB 475, First Engrossed



  1         2.  Intended for, and solely occupied by, persons 62

  2  years of age or older; or

  3         3.  Intended and operated for occupancy by persons 55

  4  years of age or older that meets the following requirements:

  5         a.  At least 80 percent of the occupied units are

  6  occupied by at least one person 55 years of age or older.

  7         b.  The housing facility or community publishes and

  8  adheres to policies and procedures that demonstrate the intent

  9  required under this subparagraph. If the housing facility or

10  community meets the requirements of sub-subparagraphs a. and

11  c. and the recorded governing documents provide for an adult,

12  senior, or retirement housing facility or community and the

13  governing documents lack an amendatory procedure, prohibit

14  amendments, or restrict amendments until a specified future

15  date, then that housing facility or community shall be deemed

16  housing for older persons intended and operated for occupancy

17  by persons 55 years of age or older. If those documents

18  further provide a prohibition against residents 16 years of

19  age or younger, that provision shall be construed, for

20  purposes of the Fair Housing Act, to only apply to residents

21  18 years of age or younger, in order to conform with federal

22  law requirements. Governing documents which can be amended at

23  a future date must be amended and properly recorded within 1

24  year after that date to reflect the requirements for

25  consideration as housing for older persons, if that housing

26  facility or community intends to continue as housing for older

27  persons.

28         c.  The housing facility or community complies with

29  rules made by the Secretary of the United States Department of

30  Housing and Urban Development pursuant to 24 C.F.R. part 100

31  for verification of occupancy, which rules provide for


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                                        CS/HB 475, First Engrossed



  1  verification by reliable surveys and affidavits and include

  2  examples of the types of policies and procedures relevant to a

  3  determination of compliance with the requirements of

  4  sub-subparagraph b.  Such surveys and affidavits are

  5  admissible in administrative and judicial proceedings for the

  6  purposes of such verification.

  7

  8  A county or municipal ordinance regarding housing for older

  9  persons may not contravene the provisions of this subsection.

10         Section 2.  Subsection (19) of section 420.503, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         420.503  Definitions.--As used in this part, the term:

13         (19)  "Housing for the elderly" means, for purposes of

14  s. 420.5087(3)(c)2., any nonprofit housing community that is

15  financed by a mortgage loan made or insured by the United

16  States Department of Housing and Urban Development under s.

17  202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.

18  236 of the National Housing Act, as amended, and that is

19  subject to income limitations established by the United States

20  Department of Housing and Urban Development, or any program

21  funded by the Rural Development Agency of the United States

22  Department of Agriculture and subject to income limitations

23  established by the United States Department of Agriculture. A

24  project which qualifies for an exemption under the Fair

25  Housing Act as housing for older persons as defined by s.

26  760.29(4) shall qualify as housing for the elderly for

27  purposes of s. 420.5087(3)(c)2.  In addition, if the

28  corporation adopts a qualified allocation plan pursuant to s.

29  42(m)(1)(B) of the Internal Revenue Code or any other rules

30  that prioritize projects targeting the elderly for purposes of

31  allocating tax credits pursuant to s. 420.5099 or for purposes


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                                        CS/HB 475, First Engrossed



  1  of the HOME program under s. 420.5089, a project which

  2  qualifies for an exemption under the Fair Housing Act as

  3  housing for older persons as defined by s. 760.29(4) shall

  4  qualify as a project targeted for the elderly, if the project

  5  satisfies the other requirements set forth in this part.

  6         Section 3.  If any provision of this act or its

  7  application to any particular person or circumstance is held

  8  invalid, that provision or its application is severable and

  9  does not affect the validity of other provisions of or

10  applications of this act.

11         Section 4.  This act shall take effect upon becoming a

12  law.

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