Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 618 (195888)
Barcode 954862
CHAMBER ACTION
Senate House
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03/29/2005 11:04 AM .
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11 The Committee on Children and Families (Campbell) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, line 19, through
16 page 6, line 16, delete those lines
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18 and insert:
19 (3) Each licensing entity of residential community
20 homes shall maintain a comprehensive, centralized list of all
21 of its licensed homes which includes the address of each home
22 and identifies the county in which the home is located. This
23 list must be made available to any local government and any
24 sponsoring agency seeking to establish a residential community
25 home.
26 (4)(3)(a) When a site for a community residential home
27 has been selected by a sponsoring agency in an area zoned for
28 multifamily, the agency shall notify the chief executive
29 officer of the local government in writing and include in such
30 notice the specific address of the site, the residential
31 licensing category, the number of residents, and the community
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 618 (195888)
Barcode 954862
1 support requirements of the program. Such notice shall also
2 contain a statement from the licensing entity district
3 administrator of the department indicating the need for and
4 the licensing status of the proposed community residential
5 home and specifying how the home meets applicable licensing
6 criteria for the safe care and supervision of the residents
7 clients in the home. The applicable licensing entity district
8 administrator shall also provide to the local government the
9 most recently published data compiled that identifies all
10 community residential homes in the county district in which
11 the proposed site is to be located. The local government
12 shall review the notification of the sponsoring agency in
13 accordance with the zoning ordinance of the jurisdiction.
14 (b) Pursuant to such review, the local government may:
15 1. Determine that the siting of the community
16 residential home is in accordance with local zoning and
17 approve the siting. If the siting is approved, the sponsoring
18 agency may establish the home at the site selected.
19 2. Fail to respond within 60 days. If the local
20 government fails to respond within such time, the sponsoring
21 agency may establish the home at the site selected.
22 3. Deny the siting of the home.
23 (c) The local government shall not deny the siting of
24 a community residential home unless the local government
25 establishes that the siting of the home at the site selected:
26 1. Does not otherwise conform to existing zoning
27 regulations applicable to other multifamily uses in the area.
28 2. Does not meet applicable licensing criteria
29 established and determined by the department, including
30 requirements that the home be located to assure the safe care
31 and supervision of all clients in the home.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 618 (195888)
Barcode 954862
1 3. Would result in such a concentration of community
2 residential homes in the area in proximity to the site
3 selected, or would result in a combination of such homes with
4 other residences in the community, such that the nature and
5 character of the area would be substantially altered. A home
6 that is located within a radius of 1,200 feet of another
7 existing community residential home in a multifamily zone
8 shall be an overconcentration of such homes that substantially
9 alters the nature and character of the area. A home that is
10 located within a radius of 500 feet of an area of
11 single-family zoning substantially alters the nature and
12 character of the area.
13 (5)(4) All distance requirements in this section shall
14 be measured from the nearest point of the existing home or
15 area of single-family zoning to the nearest point of the
16 proposed home.
17 (6)(5) If agreed to by both the local government and
18 the sponsoring agency, a conflict may be resolved through
19 informal mediation. The local government shall arrange for
20 the services of an independent mediator or may utilize the
21 dispute resolution process established by a regional planning
22 council pursuant to s. 186.509. Mediation shall be concluded
23 within 45 days of a request therefor. The resolution of any
24 issue through the mediation process shall not alter any
25 person's right to a judicial determination of any issue if
26 that person is entitled to such a determination under
27 statutory or common law.
28 (7)(6) The licensing entity may department shall not
29 issue a license to a sponsoring agency for operation of a
30 community residential home if the sponsoring agency does not
31 notify the local government of its intention to establish a
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 618 (195888)
Barcode 954862
1 program, as required by subsection (4) (3). A license issued
2 without compliance with the provisions of this section shall
3 be considered null and void, and continued operation of the
4 home may be enjoined.
5 (8)(7) A dwelling unit housing a community residential
6 home established pursuant to this section shall be subject to
7 the same local laws and ordinances applicable to other
8 noncommercial, residential family units in the area in which
9 it is established.
10 (9)(8) Nothing in this section shall be deemed to
11 affect the authority of any community residential home
12 lawfully established prior to October 1, 1989, to continue to
13 operate.
14 (10)(9) Nothing in this section shall permit persons
15 to occupy a community residential home who would constitute a
16 direct threat to the health and safety of other persons or
17 whose residency would result in substantial physical damage to
18 the property of others.
19 (11)(10) The siting of community residential homes in
20 areas zoned for single family shall be governed by local
21 zoning ordinances. Nothing in this section prohibits a local
22 government from authorizing the development of community
23 residential homes in areas zoned for single family.
24 (12)(11) Nothing in this section requires any local
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 1, line 18, after the semicolon,
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31 insert:
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 618 (195888)
Barcode 954862
1 requiring that a licensing entity maintain a
2 list of licensed homes and make the list
3 available to local governments and sponsoring
4 agencies seeking to establish a residential
5 community home;
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