§ 58-33. Exemptions.

(a)

Generally. Nothing in section 58-34 (other than subsection (2)) shall apply to:

(1)

Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time; provided further, that the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented:

a.

Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person; and

b.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 58-34(3);

but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

(2)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(b)

Persons deemed in business of selling or renting dwellings. For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

(1)

He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(2)

He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3)

He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(c)

Religious and nonprofit organizations. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, religion, national origin, familial status, or handicap; nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(d)

Modifying dwelling to provide physical accessibility. Nothing in this article requires any person renting or selling a dwelling to modify, alter or adjust the dwelling in order to provide physical accessibility except as otherwise required by law.

(e)

Housing for older persons.

(1)

Any provision of this article regarding familial status does not apply with respect to housing for older persons.

(2)

As used in this subsection (e), the term "housing for older persons" means housing:

a.

Provided under any state or federal program that the state commission or human relations determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;

b.

Intended for, and solely occupied by, persons 62 years of age or older; or

c.

Intended and operated for occupancy by persons 55 years of age or older that meets the following requirements:

1.

At least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.

2.

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subsection (e). If the housing facility or community meets the requirements of subsections (e)(2)c.1 and 2 of this section and the recorded governing documents provide for an adult, senior, or retirement housing facility or community and the governing documents lack an amendatory procedure, prohibit amendments, or restrict amendments until a specified future date, then that housing facility or community shall be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older. If those documents further provide a prohibition against residents 16 years of age or younger, that provision shall be construed, for purposes of this article, to only apply to residents 18 years of age or younger, in order to conform with federal law requirements. Governing documents which can be amended at a future date must be amended and properly recorded within one year after that date to reflect the requirements for consideration as housing for older persons, if that housing facility or community intends to continue as housing for older persons.

3.

The housing facility or community complies with rules made by the Secretary of the United States Department of Housing and Urban Development pursuant to 24 CFR 100 for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of subsection (e)(2)c.2 of this section. Such surveys and affidavits are admissible in administrative and judicial proceedings for the purposes of such verification.

(3)

Housing shall not fail to be considered housing for older persons if:

a.

A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this subsection (e), provided that any new occupant meets such age requirements; or

b.

One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.

(4)

A person shall not be personally liable for monetary damages for a violation of this subsection if such person reasonably relied in good faith on the application of the exemption under this subsection relating to housing for older persons. For purposes of this subsection (4), a person may show good faith reliance on the application of the exemption only by showing that:

a.

The person has no actual knowledge that the facility or the community is ineligible, or will become ineligible, for such exemption; and

b.

The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

(5)

A facility or community claiming an exemption under subsection (e) of this section shall register with the commission and submit a letter to the commission stating that the facility or community complies with the requirements of subsection (e)(2)a, subsection (e)(2)b, or subsection (e)(2)c of this section. The letter shall be submitted on the letterhead of the facility or community and shall be signed by the president of the facility or community. This registration and documentation shall be renewed biennially from the date of original filing. The information in the registry shall be made available to the public, and the commission shall include this information on an Internet website. The commission may establish a reasonable registration fee, not to exceed $20.00, that shall be deposited into the commission's trust fund to defray the administrative costs associated with maintaining the registry. The commission may impose an administrative fine, not to exceed $500.00, on a facility or community that knowingly submits false information in the documentation required by this subsection (5). Such fines shall be deposited in the commission's trust fund. The registration and documentation required by this subsection (5) shall not substitute for proof of compliance with the requirements of subsection (e) of this section. Failure to comply with the requirements of this subsection (5) shall not disqualify a facility or community that otherwise qualifies for the exemption provided in this subsection.

(f)

Additional exemptions. Nothing in this article:

(1)

Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, national origin, sex, handicap, familial status, or religion.

(2)

Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling.

(3)

Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(4)

Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined under F.S. ch. 893.

(Code 1992, § 11-28; Ord. No. 344-A, § 5, 11-20-1990)

State law reference

Similar provisions, F.S. § 760.29.