Senate Bill sb1006c1

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    Florida Senate - 2006                           CS for SB 1006

    By the Committee on Community Affairs; and Senator Fasano





    578-1862-06

  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; deleting obsolete provisions;

  8         providing an effective date.

  9  

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

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12         Section 1.  Subsections (1), (2), (3), and (6) of

13  section 419.001, Florida Statutes, are amended to read:

14         419.001  Site selection of community residential

15  homes.--

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

17  definitions shall apply:

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

19  licensed to serve residents, as defined in paragraph (d), who

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

21  for Persons with Disabilities, the Department of Juvenile

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

23  a dwelling unit licensed by the Agency for Health Care

24  Administration which provides a living environment for 7 to 14

25  unrelated residents who operate as the functional equivalent

26  of a family, including such supervision and care by supportive

27  staff as may be necessary to meet the physical, emotional, and

28  social needs of the residents.

29         (b)  "Licensing entity" or "licensing entities" means

30  the Department of Elderly Affairs, the Agency for Persons with

31  Disabilities, the Department of Juvenile Justice, the

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    Florida Senate - 2006                           CS for SB 1006
    578-1862-06




 1  Department of Children and Family Services, or the Agency for

 2  Health Care Administration, which are authorized to license a

 3  community residential home to serve residents. "Department"

 4  means the Department of Children and Family Services.

 5         (c)  "Local government" means a county as set forth in

 6  chapter 7 or a municipality incorporated under the provisions

 7  of chapter 165.

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

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

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

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

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

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

14  or s. 985.03(8).

15         (e)  "Sponsoring agency" means an agency or unit of

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

17  or organization which intends to establish or operate a

18  community residential home.

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

20  meet the definition of a community residential home shall be

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

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

23  six or fewer residents which otherwise meet the definition of

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

25  or multifamily zoning without approval by the local

26  government, provided that such homes shall not be located

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

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

29  residents shall not be required to comply with the

30  notification provisions of this section if, prior to

31  occupancy,; provided, however, that the sponsoring agency

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    Florida Senate - 2006                           CS for SB 1006
    578-1862-06




 1  provides the local government with the most recently published

 2  data compiled from the licensing entities which identifies all

 3  community residential homes within the jurisdictional limits

 4  of the local government in which the proposed site is to be

 5  located in order to show that no other community residential

 6  home is within a radius of 1,000 feet of the proposed home

 7  having six or fewer residents. At the time of home occupancy,

 8  the sponsoring agency must notify or the department notifies

 9  the local government at the time of home occupancy that the

10  home is licensed by the licensing entity department.

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

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

13  multifamily, the agency shall notify the chief executive

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

15  notice the specific address of the site, the residential

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

17  support requirements of the program.  Such notice shall also

18  contain a statement from the licensing entity district

19  administrator of the department indicating the need for and

20  the licensing status of the proposed community residential

21  home and specifying how the home meets applicable licensing

22  criteria for the safe care and supervision of the clients in

23  the home.  The sponsoring agency district administrator shall

24  also provide to the local government the most recently

25  published data compiled from the licensing entities that

26  identifies all community residential homes within in the

27  jurisdiction of the local government district in which the

28  proposed site is to be located.  The local government shall

29  review the notification of the sponsoring agency in accordance

30  with the zoning ordinance of the jurisdiction.

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

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    Florida Senate - 2006                           CS for SB 1006
    578-1862-06




 1         1.  Determine that the siting of the community

 2  residential home is in accordance with local zoning and

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

 4  agency may establish the home at the site selected.

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

 6  government fails to respond within such time, the sponsoring

 7  agency may establish the home at the site selected.

 8         3.  Deny the siting of the home.

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

10  a community residential home unless the local government

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

12         1.  Does not otherwise conform to existing zoning

13  regulations applicable to other multifamily uses in the area.

14         2.  Does not meet applicable licensing criteria

15  established and determined by the licensing entity department,

16  including requirements that the home be located to assure the

17  safe care and supervision of all clients in the home.

18         3.  Would result in such a concentration of community

19  residential homes in the area in proximity to the site

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

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

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

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

24  existing community residential home in a multifamily zone

25  shall be an overconcentration of such homes that substantially

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

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

28  single-family zoning substantially alters the nature and

29  character of the area.

30         (6)  The licensing entity department shall not issue a

31  license to a sponsoring agency for operation of a community

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    Florida Senate - 2006                           CS for SB 1006
    578-1862-06




 1  residential home if the sponsoring agency does not notify the

 2  local government of its intention to establish a program, as

 3  required by subsection (3). A license issued without

 4  compliance with the provisions of this section shall be

 5  considered null and void, and continued operation of the home

 6  may be enjoined.

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

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1006

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12  The committee substitute defines the term "licensing entity"
    or "licensing entities." It also deletes obsolete references
13  to "department" and "district administrator" and replaces
    those terms with "licensing entity" or "sponsoring agency."
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