Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1006
Barcode 614172
CHAMBER ACTION
Senate House
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02/15/2006 09:25 AM .
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11 The Committee on Children and Families (Fasano) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsections (1), (2), (3), and (6) of
19 section 419.001, Florida Statutes, are amended to read:
20 419.001 Site selection of community residential
21 homes.--
22 (1) For the purposes of this section, the following
23 definitions shall apply:
24 (a) "Community residential home" means a dwelling unit
25 licensed to serve residents, as defined in paragraph (d), who
26 are clients of the Department of Elderly Affairs, the Agency
27 for Persons with Disabilities, the Department of Juvenile
28 Justice, or the Department of Children and Family Services, or
29 a dwelling unit licensed by the Agency for Health Care
30 Administration which provides a living environment for 7 to 14
31 unrelated residents who operate as the functional equivalent
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1006
Barcode 614172
1 of a family, including such supervision and care by supportive
2 staff as may be necessary to meet the physical, emotional, and
3 social needs of the residents.
4 (b) "Licensing entity" or "licensing entities" means
5 the Department of Elderly Affairs, the Agency for Persons with
6 Disabilities, the Department of Juvenile Justice, the
7 Department of Children and Family Services, or the Agency for
8 Health Care Administration, which are authorized to license a
9 community residential home to serve residents. "Department"
10 means the Department of Children and Family Services.
11 (c) "Local government" means a county as set forth in
12 chapter 7 or a municipality incorporated under the provisions
13 of chapter 165.
14 (d) "Resident" means any of the following: a frail
15 elder as defined in s. 400.618; a physically disabled or
16 handicapped person as defined in s. 760.22(7)(a); a
17 developmentally disabled person as defined in s. 393.063; a
18 nondangerous mentally ill person as defined in s. 394.455(18);
19 or a child as defined in s. 39.01(14), s. 984.03(9) or (12),
20 or s. 985.03(8).
21 (e) "Sponsoring agency" means an agency or unit of
22 government, a profit or nonprofit agency, or any other person
23 or organization which intends to establish or operate a
24 community residential home.
25 (2) Homes of six or fewer residents which otherwise
26 meet the definition of a community residential home shall be
27 deemed a single-family unit and a noncommercial, residential
28 use for the purpose of local laws and ordinances. Homes of
29 six or fewer residents which otherwise meet the definition of
30 a community residential home shall be allowed in single-family
31 or multifamily zoning without approval by the local
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1006
Barcode 614172
1 government, provided that such homes shall not be located
2 within a radius of 1,000 feet of another existing such home
3 with six or fewer residents. Such homes with six or fewer
4 residents shall not be required to comply with the
5 notification provisions of this section if, prior to
6 occupancy,; provided, however, that the sponsoring agency
7 provides the local government with the most recently published
8 data compiled from the licensing entities which identifies all
9 community residential homes within the jurisdictional limits
10 of the local government in which the proposed site is to be
11 located in order to show that no other community residential
12 home is within a radius of 1,000 feet of the proposed home
13 having six or fewer residents. At the time of home occupancy,
14 the sponsoring agency must notify or the department notifies
15 the local government at the time of home occupancy that the
16 home is licensed by the licensing entity department.
17 (3)(a) When a site for a community residential home
18 has been selected by a sponsoring agency in an area zoned for
19 multifamily, the agency shall notify the chief executive
20 officer of the local government in writing and include in such
21 notice the specific address of the site, the residential
22 licensing category, the number of residents, and the community
23 support requirements of the program. Such notice shall also
24 contain a statement from the licensing entity district
25 administrator of the department indicating the need for and
26 the licensing status of the proposed community residential
27 home and specifying how the home meets applicable licensing
28 criteria for the safe care and supervision of the clients in
29 the home. The sponsoring agency district administrator shall
30 also provide to the local government the most recently
31 published data compiled from the licensing entities that
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1006
Barcode 614172
1 identifies all community residential homes within in the
2 jurisdiction of the local government district in which the
3 proposed site is to be located. The local government shall
4 review the notification of the sponsoring agency in accordance
5 with the zoning ordinance of the jurisdiction.
6 (b) Pursuant to such review, the local government may:
7 1. Determine that the siting of the community
8 residential home is in accordance with local zoning and
9 approve the siting. If the siting is approved, the sponsoring
10 agency may establish the home at the site selected.
11 2. Fail to respond within 60 days. If the local
12 government fails to respond within such time, the sponsoring
13 agency may establish the home at the site selected.
14 3. Deny the siting of the home.
15 (c) The local government shall not deny the siting of
16 a community residential home unless the local government
17 establishes that the siting of the home at the site selected:
18 1. Does not otherwise conform to existing zoning
19 regulations applicable to other multifamily uses in the area.
20 2. Does not meet applicable licensing criteria
21 established and determined by the licensing entity department,
22 including requirements that the home be located to assure the
23 safe care and supervision of all clients in the home.
24 3. Would result in such a concentration of community
25 residential homes in the area in proximity to the site
26 selected, or would result in a combination of such homes with
27 other residences in the community, such that the nature and
28 character of the area would be substantially altered. A home
29 that is located within a radius of 1,200 feet of another
30 existing community residential home in a multifamily zone
31 shall be an overconcentration of such homes that substantially
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1006
Barcode 614172
1 alters the nature and character of the area. A home that is
2 located within a radius of 500 feet of an area of
3 single-family zoning substantially alters the nature and
4 character of the area.
5 (6) The licensing entity department shall not issue a
6 license to a sponsoring agency for operation of a community
7 residential home if the sponsoring agency does not notify the
8 local government of its intention to establish a program, as
9 required by subsection (3). A license issued without
10 compliance with the provisions of this section shall be
11 considered null and void, and continued operation of the home
12 may be enjoined.
13 Section 2. This act shall take effect July 1, 2006.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
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20 and insert:
21 A bill to be entitled
22 An act relating to community residential homes;
23 amending s. 419.001, F.S.; revising
24 definitions; requiring the sponsoring agency of
25 a community residential home to provide certain
26 information to a local government under certain
27 circumstances; providing an effective date.
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