Senate Bill sb1006

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1006

    By Senator Fasano





    11-784-06                                           See HB 351

  1                      A bill to be entitled

  2         An act relating to community residential homes;

  3         amending s. 419.001, F.S.; revising

  4         definitions; requiring the sponsoring agency of

  5         a community residential home to provide certain

  6         information to a local government under certain

  7         circumstances; providing an effective date.

  8  

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

10  

11         Section 1.  Subsections (1) and (2) of section 419.001,

12  Florida Statutes, are amended to read:

13         419.001  Site selection of community residential

14  homes.--

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

16  definitions shall apply:

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

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

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

20  for Persons with Disabilities, the Department of Juvenile

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

22  a dwelling unit licensed by the Agency for Health Care

23  Administration, which provides a living environment for 7 to

24  14 unrelated residents who operate as the functional

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

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

27  emotional, and social needs of the residents.

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

29  Family Services.

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1006
    11-784-06                                           See HB 351




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

 2  in chapter 7 or a municipality incorporated under the

 3  provisions of chapter 165.

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

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

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

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

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

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

10  or s. 985.03(8).

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

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

13  or organization which intends to establish or operate a

14  community residential home.

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

16  meet the definition of a community residential home shall be

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

18  use for the purpose of local laws and ordinances. Homes of six

19  or fewer residents which otherwise meet the definition of a

20  community residential home shall be allowed in single-family

21  or multifamily zoning without approval by the local

22  government, provided that such homes shall not be located

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

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

25  residents shall not be required to comply with the

26  notification provisions of this section; provided, however,

27  that, prior to occupancy, the sponsoring agency provides the

28  local government with the most recently published data

29  compiled that identifies all community residential homes in

30  the district in which the proposed site is to be located in

31  order to show that no other community residential home is

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1006
    11-784-06                                           See HB 351




 1  within a radius of 1,000 feet of the proposed home with six or

 2  fewer residents. At the time of home occupancy, the sponsoring

 3  agency or the Department of Children and Family Services must

 4  notify or the department notifies the local government at the

 5  time of home occupancy that the home is licensed by the

 6  department.

 7         Section 2.  This act shall take effect July 1, 2006.

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.