During the 2000 legislative session, the Florida Legislature amended Section 760.29(e), Florida Statutes to provide that facilities or communities claiming an exemption to the Fair Housing Act as it pertains to familial status must meet the following criteria:
1) The housing is specifically designed and operated to assist elderly persons and is intended for, and solely occupied by, person 62 years of age or older.
2) The housing is intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:

  • At least 80% of the occupied units are occupied by at least one person 55 years of age or older.
  • The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons
  • The facility or community complies with rules established by HUD for verification of occupancy.