HB 0383 2003
1	A bill to be entitled
2	An act relating to assisted living facilities; amending s.
3	166.0445, F.S.; revising provisions relating to local
4	zoning regulations for family day care homes; amending ss.
5	400.021, 400.402, 400.551, 400.618, 400.801, and 400.960,
6	F.S.; requiring certain health care facilities, assisted
7	living facilities, community residential homes, adult day
8	care centers, adult family-care homes, homes for special
9	services, and intermediate care facilities for the
10	developmentally disabled to comply with local zoning
11	regulations; amending ss. 400.4445 and 419.001 F.S.;
12	providing that local zoning ordinances shall control with
13	regard to site selection and location of facilities
14	licensed under pt. III of ch. 400, F.S., and community
15	residential homes and facilities; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Section 166.0445, Florida Statutes, is amended
21	to read:
22	166.0445 Family day care homes; local zoning
23	regulation.--The operation of a residence as a family day care
24	home, as defined by law, registered or licensed with the
25	Department of Children and Family Services shall constitute a
26	valid residential usesubject tofor purposes of anylocal
27	zoning regulations; however,andno such regulation shall
28	require the owner or operator of such family day care home to
29	obtain any special exemption or use permit or waiver, or to pay
30	any special feeother than that required for similar uses in the
31	local zoning regulations as amended from time to timein excess
32	of $50, to operate in an area zoned for residential use.
33	Section 2. Subsection (8) of section 400.021, Florida
34	Statutes, is amended to read:
35	400.021 Definitions.--When used in this part, unless the
36	context otherwise requires, the term:
37	(8) "Facility" means any institution, building, residence,
38	private home, or other placethat is in compliance with local
39	zoning regulations, whether operated for profit or not,
40	including a place operated by a county or municipality, which
41	undertakes through its ownership or management to provide for a
42	period exceeding 24-hour nursing care, personal care, or
43	custodial care for three or more persons not related to the
44	owner or manager by blood or marriage, who by reason of illness,
45	physical infirmity, or advanced age require such services, but
46	does not include any place providing care and treatment
47	primarily for the acutely ill. A facility offering services for
48	fewer than three persons is within the meaning of this
49	definition if it holds itself out to the public to be an
50	establishment which regularly provides such services.
51	Section 3. Subsection (6) of section 400.402, Florida
52	Statutes, is amended to read:
53	400.402 Definitions.--When used in this part, the term:
54	(6) "Assisted living facility"or "community residential
55	home"means any building or buildings, section or distinct part
56	of a building, private home, boarding home, home for the aged,
57	or other residential facilitythat is in compliance with local
58	zoning regulations, whether operated for profit or not, which
59	undertakes through its ownership or management to provide
60	housing, meals, and one or more personal services for a period
61	exceeding 24 hours to one or more adults who are not relatives
62	of the owner or administrator.
63	Section 4. Section 400.4445, Florida Statutes, is amended
64	to read:
65	400.4445 Compliance with local zoning requirements.--No
66	facility licensed under this part may commence any construction
67	which will expand the size of the existing structure unless the
68	licensee first submits to the agency proof that such
69	construction will be in compliance with applicable local zoning
70	requirements. Facilities with a licensed capacity of less than
71	15 persons shall comply with the provisions of chapter 419,
72	unless the local government zoning regulations set forth site
73	selection or site location regulations for community residential
74	homes or community-based residential facilities, in which case
75	the local zoning regulations shall govern.
76	Section 5. Subsection (1) of section 400.551, Florida
77	Statutes, is amended to read:
78	400.551 Definitions.--As used in this part, the term:
79	(1) "Adult day care center" or "center" means any
80	building, buildings, or part of a buildingthat is in compliance
81	with local zoning regulations, whether operated for profit or
82	not, in which is provided through its ownership or management,
83	for a part of a day, basic services to three or more persons who
84	are 18 years of age or older, who are not related to the owner
85	or operator by blood or marriage, and who require such services.
86	Section 6. Subsection (2) of section 400.618, Florida
87	Statutes, is amended to read:
88	400.618 Definitions.--As used in this part, the term:
89	(2) "Adult family-care home" means a full-time, family-
90	type living arrangement, in a private homethat is in compliance
91	with local zoning regulations, under which a person who owns or
92	rents the home provides room, board, and personal care, on a 24-
93	hour basis, for no more than five disabled adults or frail
94	elders who are not relatives. The following family-type living
95	arrangements are not required to be licensed as an adult family-
96	care home:
97	(a) An arrangement whereby the person who owns or rents
98	the home provides room, board, and personal services for not
99	more than two adults who do not receive optional state
100	supplementation under s. 409.212. The person who provides the
101	housing, meals, and personal care must own or rent the home and
102	reside therein.
103	(b) An arrangement whereby the person who owns or rents
104	the home provides room, board, and personal services only to his
105	or her relatives.
106	(c) An establishment that is licensed as an assisted
107	living facility under part III.
108	Section 7. Paragraph (b) of subsection (1) of section
109	400.801, Florida Statutes, is amended to read:
110	400.801 Homes for special services.--
111	(1) As used in this section, the term:
112	(b) "Home for special services" means a sitethat is in
113	compliance with local zoning regulationswhere specialized
114	health care services are provided, including personal and
115	custodial care, but not continuous nursing services.
116	Section 8. Subsection (12) of section 400.960, Florida
117	Statutes, is amended to read:
118	400.960 Definitions.--As used in this part, the term:
119	(12) "Intermediate care facility for the developmentally
120	disabled" means a residential facilitythat is in compliance
121	with local zoning regulationslicensed and certified in
122	accordance with state law, and certified by the Federal
123	Government, pursuant to the Social Security Act, as a provider
124	of Medicaid services to persons who are developmentally
125	disabled.
126	Section 9. Subsection (11) of section 419.001, Florida
127	Statutes, is amended to read:
128	419.001 Site selection of community residential homes.--
129	(11) Nothing in this section requires any local government
130	to adopt a new ordinance if it has in place an ordinance
131	governing the placement of community residential homesthat meet
132	the criteria of this section. State law on community residential
133	homesshall control unlesscontrols overlocalzoningordinances
134	set forth site selection or site location regulations for
135	community residential homes or community-based residential
136	facilities. Furthermore,butnothing in this section prohibits a
137	local government from adopting more liberal standards for siting
138	such homes.
139	Section 10. This act shall take effect upon becoming a
140	law.
141