§ 12-17-51. Exemptions.

(a)

Nothing in this article applies to:

(1)

Any single-family house sold or rented by its owner, provided such private individual owner does not own more than three (3) single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection applies only with respect to one sale within any twenty-four-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf under any express or voluntary agreement, title to, or any right to, all or portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from the application of this article only if the house is sold or rented:

a.

Without the use in any manner of the sales or rental facilities or 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 persons; and

b.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2-17-48(c).

Nothing in (a) above prohibits the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as is necessary to perfect or transfer the title.

(b)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(c)

For the purposes of subsection (a), a person is deemed to be in the business of selling or renting dwellings if:

(1)

He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;

(2)

He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or interest therein; or

(3)

He is the owner of any dwelling designated or intended for occupancy by, or occupied by, five (5) or more families.

(d)

Nothing in this article prohibits 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 any dwelling 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, or national origin. Nothing in this article prohibits a private club not in fact open to the public, which as an incident to its primary purpose or purposes, lodgings which it owns or operates for other than a commercial purpose, limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(e)

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

(1)

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

a.

Provided under any state or federal program that the authority 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 sixty-two (62) years of age or older; or

c.

Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit in eighty (80) per cent of the units.

(2)

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, 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.

(f)

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 county 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 Chapter 893, Florida Statutes.

(Ord. No. 90-62, § 11, 11-6-90)