Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1006
                        Barcode 614172
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       02/15/2006 09:25 AM         .                    
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11  The Committee on Children and Families (Fasano) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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 2 4:51 PM 02/13/06 s1006d-cf11-ty7
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 3 4:51 PM 02/13/06 s1006d-cf11-ty7
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 4 4:51 PM 02/13/06 s1006d-cf11-ty7
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. 14 15 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 19 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. 28 29 30 31 5 4:51 PM 02/13/06 s1006d-cf11-ty7