Senate Bill sb0618c1

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    Florida Senate - 2005                            CS for SB 618

    By the Committee on Children and Families; and Senator Garcia





    586-1789B-05

  1                      A bill to be entitled

  2         An act relating to community residential homes;

  3         amending s. 419.001, F.S.; redefining the term

  4         "community residential home" to include

  5         dwelling units that are licensed to serve

  6         residents who are clients of the Department of

  7         Elderly Affairs, the Agency for Persons with

  8         Disabilities, or the Department of Juvenile

  9         Justice, in addition to clients of the

10         Department of Children and Family Services, or

11         dwelling units that are licensed by the Agency

12         for Health Care Administration; requiring that

13         a sponsoring entity of a community residential

14         home and the licensing entity provide

15         information to the local government concerning

16         other community residential homes located

17         within the area of a proposed home; requiring

18         that additional information be provided

19         concerning licensure; prohibiting a licensing

20         entity from issuing a license to a sponsoring

21         entity under certain circumstances; providing

22         an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 419.001, Florida Statutes, is

27  amended to read:

28         419.001  Site selection of community residential

29  homes.--

30         (1)  For the purposes of this section, the following

31  definitions shall apply:

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    Florida Senate - 2005                            CS for SB 618
    586-1789B-05




 1         (a)  "Community residential home" means a dwelling unit

 2  licensed to serve residents, as defined in paragraph (c), who

 3  are clients of the Department of Elderly Affairs, the Agency

 4  for Persons with Disabilities, the Department of Juvenile

 5  Justice, or the Department of Children and Family Services, or

 6  a dwelling unit licensed by the Agency for Health Care

 7  Administration, and which provides a living environment for 7

 8  to 14 unrelated residents who operate as the functional

 9  equivalent of a family, including such supervision and care by

10  supportive staff as may be necessary to meet the physical,

11  emotional, and social needs of the residents.

12         (b)  "Department" means the Department of Children and

13  Family Services.

14         (b)(c)  "Local government" means a county as set forth

15  in chapter 7 or a municipality incorporated under the

16  provisions of chapter 165.

17         (c)(d)  "Resident" means any of the following: a frail

18  elder as defined in s. 400.618; a physically disabled or

19  handicapped person as defined in s. 760.22(7)(a); a

20  developmentally disabled person as defined in s. 393.063; a

21  nondangerous mentally ill person as defined in s. 394.455(18);

22  or a child as defined in s. 39.01(14), s. 984.03(9) or (12),

23  or s. 985.03(8).

24         (d)(e)  "Sponsoring agency" means an agency or unit of

25  government, a profit or nonprofit agency, or any other person

26  or organization which intends to establish or operate a

27  community residential home.

28         (2)  Homes of six or fewer residents which otherwise

29  meet the definition of a community residential home shall be

30  deemed a single-family unit and a noncommercial, residential

31  use for the purpose of local laws and ordinances.  Homes of

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    Florida Senate - 2005                            CS for SB 618
    586-1789B-05




 1  six or fewer residents which otherwise meet the definition of

 2  a community residential home shall be allowed in single-family

 3  or multifamily zoning without approval by the local

 4  government, provided that such homes shall not be located

 5  within a radius of 1,000 feet of another existing such home

 6  with six or fewer residents.  Such homes with six or fewer

 7  residents shall not be required to comply with the

 8  notification provisions of this section; provided, however,

 9  that the sponsoring agency provides to the local government

10  prior to occupancy the most recently published compiled data

11  that identifies all community residential homes in the county

12  in which the proposed site is to be located in order to show

13  that no other community residential home is within a radius of

14  1,000 feet of the proposed home with six or fewer residents or

15  the department notifies the local government at the time of

16  home occupancy that the home is licensed by the department.

17  The sponsoring agency or the licensing entity at the time of

18  home occupancy must notify the local government that the home

19  is licensed.

20         (3)(a)  When a site for a community residential home

21  has been selected by a sponsoring agency in an area zoned for

22  multifamily, the agency shall notify the chief executive

23  officer of the local government in writing and include in such

24  notice the specific address of the site, the residential

25  licensing category, the number of residents, and the community

26  support requirements of the program.  Such notice shall also

27  contain a statement from the licensing entity district

28  administrator of the department indicating the need for and

29  the licensing status of the proposed community residential

30  home and specifying how the home meets applicable licensing

31  criteria for the safe care and supervision of the residents

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    Florida Senate - 2005                            CS for SB 618
    586-1789B-05




 1  clients in the home.  The applicable licensing entity district

 2  administrator shall also provide to the local government the

 3  most recently published data compiled that identifies all

 4  community residential homes in the county district in which

 5  the proposed site is to be located.  The local government

 6  shall review the notification of the sponsoring agency in

 7  accordance with the zoning ordinance of the jurisdiction.

 8         (b)  Pursuant to such review, the local government may:

 9         1.  Determine that the siting of the community

10  residential home is in accordance with local zoning and

11  approve the siting. If the siting is approved, the sponsoring

12  agency may establish the home at the site selected.

13         2.  Fail to respond within 60 days.  If the local

14  government fails to respond within such time, the sponsoring

15  agency may establish the home at the site selected.

16         3.  Deny the siting of the home.

17         (c)  The local government shall not deny the siting of

18  a community residential home unless the local government

19  establishes that the siting of the home at the site selected:

20         1.  Does not otherwise conform to existing zoning

21  regulations applicable to other multifamily uses in the area.

22         2.  Does not meet applicable licensing criteria

23  established and determined by the department, including

24  requirements that the home be located to assure the safe care

25  and supervision of all clients in the home.

26         3.  Would result in such a concentration of community

27  residential homes in the area in proximity to the site

28  selected, or would result in a combination of such homes with

29  other residences in the community, such that the nature and

30  character of the area would be substantially altered.  A home

31  that is located within a radius of 1,200 feet of another

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    Florida Senate - 2005                            CS for SB 618
    586-1789B-05




 1  existing community residential home in a multifamily zone

 2  shall be an overconcentration of such homes that substantially

 3  alters the nature and character of the area.  A home that is

 4  located within a radius of 500 feet of an area of

 5  single-family zoning substantially alters the nature and

 6  character of the area.

 7         (4)  All distance requirements in this section shall be

 8  measured from the nearest point of the existing home or area

 9  of single-family zoning to the nearest point of the proposed

10  home.

11         (5)  If agreed to by both the local government and the

12  sponsoring agency, a conflict may be resolved through informal

13  mediation.  The local government shall arrange for the

14  services of an independent mediator or may utilize the dispute

15  resolution process established by a regional planning council

16  pursuant to s. 186.509.  Mediation shall be concluded within

17  45 days of a request therefor.  The resolution of any issue

18  through the mediation process shall not alter any person's

19  right to a judicial determination of any issue if that person

20  is entitled to such a determination under statutory or common

21  law.

22         (6)  The licensing entity may department shall not

23  issue a license to a sponsoring agency for operation of a

24  community residential home if the sponsoring agency does not

25  notify the local government of its intention to establish a

26  program, as required by subsection (3). A license issued

27  without compliance with the provisions of this section shall

28  be considered null and void, and continued operation of the

29  home may be enjoined.

30         (7)  A dwelling unit housing a community residential

31  home established pursuant to this section shall be subject to

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    Florida Senate - 2005                            CS for SB 618
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 1  the same local laws and ordinances applicable to other

 2  noncommercial, residential family units in the area in which

 3  it is established.

 4         (8)  Nothing in this section shall be deemed to affect

 5  the authority of any community residential home lawfully

 6  established prior to October 1, 1989, to continue to operate.

 7         (9)  Nothing in this section shall permit persons to

 8  occupy a community residential home who would constitute a

 9  direct threat to the health and safety of other persons or

10  whose residency would result in substantial physical damage to

11  the property of others.

12         (10)  The siting of community residential homes in

13  areas zoned for single family shall be governed by local

14  zoning ordinances.  Nothing in this section prohibits a local

15  government from authorizing the development of community

16  residential homes in areas zoned for single family.

17         (11)  Nothing in this section requires any local

18  government to adopt a new ordinance if it has in place an

19  ordinance governing the placement of community residential

20  homes that meet the criteria of this section.  State law on

21  community residential homes controls over local ordinances,

22  but nothing in this section prohibits a local government from

23  adopting more liberal standards for siting such homes.

24         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 618
    586-1789B-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 618

 3                                 

 4  Revises the definition of "community residential home" to
    specify that the residents of the dwelling are clients of the
 5  Department of Elderly Affairs, the Agency for Persons with
    Disabilities, and the Department of Juvenile Justice, as well
 6  as the Department of Children and Families or a dwelling
    licensed by the Agency for Health Care Administration.
 7  
    Deletes the definition of "Department."
 8  
    Requires the sponsoring agency to provide local government,
 9  prior to occupancy, the most recently published compiled data
    that identifies all community residential homes in the county
10  where the proposed site is to be located in order to show
    there is no other community residential home within a radius
11  of 1,000 feet of the proposed home.

12  Directs the sponsoring agency, at the point of occupancy, to
    notify the local government that the home is licensed.
13  
    Directs the licensing entity, rather than the district
14  administrator of the Department of Children and Family
    Services, to provide a statement indicating the need for and
15  other licensing information pertaining to the proposed home,
    and to provide to the local government the most recently
16  published compiled data that identifies all community
    residential homes in the county.
17  
    Prohibits the licensing entity from issuing a license to a
18  sponsoring agency if that agency has failed to provide the
    appropriate notifications to local government.
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