Senate Bill 0690

    Florida Senate - 1999                                   SB 690

    By Senator Campbell





    33-460-99

  1                      A bill to be entitled

  2         An act relating to the Fair Housing Act;

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

  4         housing facility or community may qualify as

  5         housing for older persons despite specified

  6         provisions in the document which governs deed

  7         restrictions pertaining to that facility or

  8         community; providing legislative purpose;

  9         providing for retroactive applicability;

10         providing an effective date.

11

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

13

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

15  section 760.29, Florida Statutes, to read:

16         760.29  Exemptions.--

17         (4)

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

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

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

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

22  617.306(1)(b), of that housing facility or community, or in

23  any other such document governing deed restrictions, which was

24  executed before the effective date of this paragraph:

25         a.  The absence of an amending procedure;

26         b.  An express prohibition of amendments; or

27         c.  A restriction on amendments until a specified

28  future date.

29         2.  The purpose of this paragraph is to reaffirm

30  existing legislative intent that all existing housing

31  facilities or communities may qualify as housing for older

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






    Florida Senate - 1999                                   SB 690
    33-460-99




  1  persons under this section. This paragraph applies

  2  retroactively to validate any amendments to a declaration of

  3  restrictions, or other such document governing deed

  4  restrictions, which heretofore complied with the requirements

  5  of this section to qualify as housing for older persons but

  6  which contained any of the provisions described in

  7  subparagraph 1. This paragraph does not void any contracts or

  8  deeds for sale that were executed before the effective date of

  9  this paragraph.

10

11  A county or municipal ordinance regarding housing for older

12  persons may not contravene the provisions of this subsection.

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

14  law.

15

16            *****************************************

17                          SENATE SUMMARY

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

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