1 | A bill to be entitled |
2 | An act relating to community residential homes; amending |
3 | s. 419.001, F.S.; revising definitions; requiring the |
4 | sponsoring agency of a community residential home to |
5 | provide certain information to a local government under |
6 | certain circumstances; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsections (1) and (2) of section 419.001, |
11 | Florida Statutes, are amended to read: |
12 | 419.001 Site selection of community residential homes.-- |
13 | (1) For the purposes of this section, the following |
14 | definitions shall apply: |
15 | (a) "Community residential home" means a dwelling unit |
16 | licensed to serve residents, as defined in paragraph (c), who |
17 | are clients of the Department of Elderly Affairs, the Agency for |
18 | Persons with Disabilities, the Department of Juvenile Justice, |
19 | or the Department of Children and Family Services or a dwelling |
20 | unit licensed by the Agency for Health Care Administration, |
21 | which provides a living environment for 7 to 14 unrelated |
22 | residents who operate as the functional equivalent of a family, |
23 | including such supervision and care by supportive staff as may |
24 | be necessary to meet the physical, emotional, and social needs |
25 | of the residents. |
26 | (b) "Department" means the Department of Children and |
27 | Family Services. |
28 | (b)(c) "Local government" means a county as set forth in |
29 | chapter 7 or a municipality incorporated under the provisions of |
30 | chapter 165. |
31 | (c)(d) "Resident" means any of the following: a frail |
32 | elder as defined in s. 400.618; a physically disabled or |
33 | handicapped person as defined in s. 760.22(7)(a); a |
34 | developmentally disabled person as defined in s. 393.063; a |
35 | nondangerous mentally ill person as defined in s. 394.455(18); |
36 | or a child as defined in s. 39.01(14), s. 984.03(9) or (12), or |
37 | s. 985.03(8). |
38 | (d)(e) "Sponsoring agency" means an agency or unit of |
39 | government, a profit or nonprofit agency, or any other person or |
40 | organization which intends to establish or operate a community |
41 | residential home. |
42 | (2) Homes of six or fewer residents which otherwise meet |
43 | the definition of a community residential home shall be deemed a |
44 | single-family unit and a noncommercial, residential use for the |
45 | purpose of local laws and ordinances. Homes of six or fewer |
46 | residents which otherwise meet the definition of a community |
47 | residential home shall be allowed in single-family or |
48 | multifamily zoning without approval by the local government, |
49 | provided that such homes shall not be located within a radius of |
50 | 1,000 feet of another existing such home with six or fewer |
51 | residents. Such homes with six or fewer residents shall not be |
52 | required to comply with the notification provisions of this |
53 | section; provided, however, that, prior to occupancy, the |
54 | sponsoring agency provides the local government with the most |
55 | recently published data compiled that identifies all community |
56 | residential homes in the district in which the proposed site is |
57 | to be located in order to show that no other community |
58 | residential home is within a radius of 1,000 feet of the |
59 | proposed home with six or fewer residents. At the time of home |
60 | occupancy, the sponsoring agency or the Department of Children |
61 | and Family Services must notify or the department notifies the |
62 | local government at the time of home occupancy that the home is |
63 | licensed by the department. |
64 | Section 2. This act shall take effect July 1, 2006. |