§ 11A-13. Exceptions to unlawful housing practices.

(1)

Private individual owner.

(a)

Dwelling site. The provisions of this article shall not apply to the rental, lease or sale of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of one another, if the owner actually maintains and occupies one (1) of the living quarters as his or her residence.

(2)

The provisions of this article shall not apply to any private individual owner who sells or rents a single-family dwelling when the following conditions exist:

(i)

The private individual owner does not own more than three (3) such single-family dwellings at any one (1) time; and

(ii)

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 the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period; and

(iii)

The private individual owner does not own any interest in, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one (1) time; and

(iv)

The sale or rental of any such single-family residence occurs without the use of sales or rental facilities or services of any real estate agent, broker or salesperson or his or her employee or agent or any person in the business of selling or renting dwellings and without the publication, posting or mailing, after notice of any advertisement or written notice in violation of this article.

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

(3)

Religious organization. Nothing in this article shall prohibit a religious organization, association, society or any non-profit 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 person, unless that religious organization, association or society restricts membership based on race, color, national origin, ancestry, or disability. Furthermore, nothing in this article relating to unlawful housing practices based on gender identity, gender expression or sexual orientation shall pertain to any religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

(4)

Private club. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, 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.

(5)

Maximum occupancy laws. Nothing in this article limits the applicability of any reasonable state law, County ordinance or municipal ordinance or restriction regarding the maximum number of occupants permitted to occupy a dwelling.

(6)

Housing for older persons. Nothing in this article regarding familial status shall apply to housing for older persons. As used in this article, "housing for older persons" means housing:

(a)

Under any state or federal government program that the Secretary of the United States Department of Housing and Urban Development or his or her designee or successor determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or

(b)

Intended for and solely occupied by persons sixty-two (62) years of age or older; or

(c)

Intended and operated for occupancy by persons fifty-five (55) years of age or older; and

(i)

At least eighty (80) percent of the occupied dwelling units are occupied by at least one (1) person who is fifty-five (55) years of age or older; and

(ii)

The dwelling facility or community complies with rules issued by the Secretary of Housing and Urban Development or his or her designee for verification of occupancy.

(d)

A dwelling facility shall not fail to meet the requirements for "housing for older persons" by reason of:

(i)

Persons residing in such housing as of October 1, 1989 who do not meet the age requirements of Section 11A-13(5)(b) or (c) provided that new occupants of such housing shall meet the age requirements of Section 11A-13(5)(b) or (c); or

(ii)

Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Section 11A-13(5)(b) or (c).

(7)

Furnishing appraisals. Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, marital status, national origin, sexual orientation, source of income, or actual or perceived status as a victim of domestic violence, dating violence or stalking.

(8)

Conviction for illegal manufacture or distribution of controlled substance. Nothing in this chapter prohibits conduct against any 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 in Section 893.03, Florida Statutes, as amended, or its successor statute.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 98-170, § 1, 12-1-98; Ord. No. 14-118, § 2, 12-2-14; Ord. No. 14-113, § 4, 11-5-14)