§ 38-227. Exceptions.

(a)

No section of this article shall be construed to prohibit restricting rental or sale of housing accommodation to a person of a certain age group when:

(1)

Such housing accommodation is authorized, approved, financed or subsidized in whole or in part for the benefit of the age group by a unit of state, local or federal government;

(2)

Such restriction is allowed pursuant to the Fair Housing Act, F.S. § 760.20 et seq. or 42 USC 3601 et seq.; or

(3)

The duly recorded initial declaration of a condominium or association limits such housing accommodations to persons above a certain age, provided that a person or the immediate family of a person owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the person or the person's immediate family continues to own or reside in the housing accommodation.

(b)

No section of this article shall apply to a person or owner who wishes to rent a portion of a single dwelling unit to an individual of the same sex when such persons live in the single dwelling unit.

(Code 1986, § 72.26(g))