Senate Bill 1326c1

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    Florida Senate - 2000                           CS for SB 1326

    By the Committee on Governmental Oversight and Productivity;
    and Senators Forman and Geller




    302-2054-00

  1                      A bill to be entitled

  2         An act relating to the Fair Housing Act;

  3         amending s. 760.29, F.S.; requiring a facility

  4         or community regulated by the act to register

  5         with the Florida Commission on Human Relations

  6         and affirm compliance with specified

  7         requirements under penalty of perjury;

  8         providing for a registration fee; amending s.

  9         760.31, F.S.; providing for rules; providing an

10         effective date.

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

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14         Section 1.  Subsection (4) of section 760.29, Florida

15  Statutes, is amended to read:

16         760.29  Exemptions.--

17         (4)(a)  Any provision of ss. 760.20-760.37 regarding

18  familial status does not apply with respect to housing for

19  older persons.

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

21  older persons" means housing:

22         1.  Provided under any state or federal program that

23  the commission determines is specifically designed and

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

25  federal program;

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

27  years of age or older; or

28         3.  Intended and operated for occupancy by persons 55

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

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

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

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    Florida Senate - 2000                           CS for SB 1326
    302-2054-00




  1         b.  The housing facility or community publishes and

  2  adheres to policies and procedures that demonstrate the intent

  3  required under this subparagraph. If the housing facility or

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

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

  6  senior, or retirement housing facility or community and the

  7  governing documents lack an amendatory procedure, prohibit

  8  amendments, or restrict amendments until a specified future

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

10  housing for older persons intended and operated for occupancy

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

12  further provide a prohibition against residents 16 years of

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

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

15  18 years of age or younger, in order to conform with federal

16  law requirements. Governing documents which can be amended at

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

18  year after that date to reflect the requirements for

19  consideration as housing for older persons, if that housing

20  facility or community intends to continue as housing for older

21  persons.

22         c.  The housing facility or community complies with

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

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

25  for verification of occupancy, which rules provide for

26  verification by reliable surveys and affidavits and include

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

28  determination of compliance with the requirements of

29  sub-subparagraph b. Such surveys and affidavits are admissible

30  in administrative and judicial proceedings for the purposes of

31  such verification.

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    Florida Senate - 2000                           CS for SB 1326
    302-2054-00




  1         (c)  Housing shall not fail to be considered housing

  2  for older persons if:

  3         1.  A person who resides in such housing on or after

  4  October 1, 1989, does not meet the age requirements of this

  5  subsection, provided that any new occupant meets such age

  6  requirements; or

  7         2.  One or more units are unoccupied, provided that any

  8  unoccupied units are reserved for occupancy by persons who

  9  meet the age requirements of this subsection.

10         (d)  A person shall not be personally liable for

11  monetary damages for a violation of this subsection if such

12  person reasonably relied in good faith on the application of

13  the exemption under this subsection relating to housing for

14  older persons. For purposes of this paragraph, a person may

15  show good faith reliance on the application of the exemption

16  only by showing that:

17         1.  The person has no actual knowledge that the

18  facility or the community is ineligible, or will become

19  ineligible, for such exemption; and

20         2.  The facility or community has stated formally, in

21  writing, that the facility or community complies with the

22  requirements for such exemption.

23         (e)  A facility or community, except for one meeting

24  the definition contained in subparagraph (b)1., shall register

25  with the commission and submit to the commission a sworn

26  affidavit, or other document approved by the commission,

27  stating, under penalty of perjury, that the facility or

28  community complies with the requirements of subparagraph (b)2.

29  or subparagraph (b)3. The affidavit shall be submitted on the

30  letterhead of the facility or community or in some other form

31  approved by the commission and shall be signed by the

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    Florida Senate - 2000                           CS for SB 1326
    302-2054-00




  1  president of the facility or community, under penalty of

  2  perjury.  This registration and documentation shall be renewed

  3  biennially from the date of original filing. The information

  4  in the registry shall be made available to the public, and the

  5  commission shall include this information on an Internet

  6  website. The commission may establish a reasonable

  7  registration fee that shall be deposited into the commission's

  8  trust fund to defray the administrative costs associated with

  9  maintaining the registry. The registration and submission of a

10  sworn affidavit or other document approved by the commission

11  shall not substitute for proof of compliance with the

12  requirements of this subsection. Failure to register pursuant

13  to this paragraph shall not, by itself, result in the facility

14  or community losing its status as housing for older persons.

15  This shall not apply to a community governed by chapter 723.

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17  A county or municipal ordinance regarding housing for older

18  persons may not contravene the provisions of this subsection.

19         Section 2.  Subsection (5) of section 760.31, Florida

20  Statutes, is amended to read:

21         760.31  Powers and duties of commission.--The

22  commission shall:

23         (5)  Adopt rules necessary to implement ss.

24  760.20-760.37 and govern the proceedings of the commission in

25  accordance with chapter 120.  Commission rules shall clarify

26  terms used with regard to handicapped accessibility,

27  exceptions from accessibility requirements based on terrain or

28  site characteristics, and requirements related to housing for

29  older persons. Commission rules shall specify the forms and

30  procedures to be used for the registration required by s.

31  760.29(4)(e).

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    Florida Senate - 2000                           CS for SB 1326
    302-2054-00




  1         Section 3.  This act shall take effect October 1, 2000,

  2  provided that a facility or community that otherwise qualifies

  3  for the exemption provided in section 760.29(4), Florida

  4  Statutes, shall have until February 1, 2001, to comply with

  5  the requirements of this act.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                             SB 1326

  9

10  Exempts from the registration requirement a facility or
    community meeting the definition contained in s. 760.29(4)(a),
11  F.S.

12  Provides that s. 760.29(4)(e), F.S., does not apply to a
    community governed by ch. 723, F.S.
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    Provides that registration does not substitute for proof of
14  compliance with the requirements of the subsection.

15  Provides that failure to register does not, by itself, result
    in the facility or community losing its status as housing for
16  older persons.

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