§ 22-53. Exemptions.
(a)
Nothing contained in this article 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. 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. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any rights 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. The sale or rental of any single-family house shall be exempted 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 the sales or rental services of any real estate broker, agent, or salesperson, or such facilities or services of any person in the business of selling or renting a residential dwelling, or of any employee or agency of any such broker, agent, salesperson, or person, but this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; and
b.
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this article.
(2)
For the purpose of this subsection (a), a person shall be deemed to be in the business of selling or renting residential dwellings if:
a.
He has, within the preceding 12 months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any residential dwelling or any interest therein;
b.
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 sales or rental service in two or more transactions involving the sale or rental of any residential dwelling or any interest therein; or
c.
He is the owner of any residential dwelling designed or intended for occupancy by five or more families.
(3)
Rooms or units 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 such owner's residence.
(4)
A religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, in advertising the sale, rental or occupancy of a residential 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.
(5)
A private club, not in fact open to the public, which as an incident to its primary purpose provides lodging which it owns or operates for other than commercial purpose, in limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
(b)
Any provision of this article regarding familial status does not apply with respect to housing for older persons as defined herein.
(c)
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 restriction regarding the maximum number of occupants permitted to occupy a residential dwelling.
(3)
Required that a residential 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 1982, § 1-10.5-30; Ord. No. 92-06, pt. A, 1-23-1992)