HB 0351CS

CHAMBER ACTION




1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to community residential homes; amending
8s. 419.001, F.S.; revising definitions; requiring the
9sponsoring agency of a community residential home to
10provide certain information to a local government under
11certain circumstances; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsections (1) and (2) of section 419.001,
16Florida Statutes, are amended to read:
17     419.001  Site selection of community residential homes.--
18     (1)  For the purposes of this section, the following
19definitions shall apply:
20     (a)  "Community residential home" means a dwelling unit
21licensed to serve residents, as defined in paragraph (c), who
22are clients of the Department of Elderly Affairs, the Agency for
23Persons with Disabilities, the Department of Juvenile Justice,
24or the Department of Children and Family Services or a dwelling
25unit licensed by the Agency for Health Care Administration,
26which provides a living environment for 7 to 14 unrelated
27residents who operate as the functional equivalent of a family,
28including such supervision and care by supportive staff as may
29be necessary to meet the physical, emotional, and social needs
30of the residents.
31     (b)  "Department" means the Department of Children and
32Family Services.
33     (b)(c)  "Local government" means a county as set forth in
34chapter 7 or a municipality incorporated under the provisions of
35chapter 165.
36     (c)(d)  "Resident" means any of the following: a frail
37elder as defined in s. 400.618; a physically disabled or
38handicapped person as defined in s. 760.22(7)(a); a
39developmentally disabled person as defined in s. 393.063; a
40nondangerous mentally ill person as defined in s. 394.455(18);
41or a child as defined in s. 39.01(14), s. 984.03(9) or (12), or
42s. 985.03(8).
43     (d)(e)  "Sponsoring agency" means an agency or unit of
44government, a profit or nonprofit agency, or any other person or
45organization which intends to establish or operate a community
46residential home.
47     (2)  Homes of six or fewer residents which otherwise meet
48the definition of a community residential home shall be deemed a
49single-family unit and a noncommercial, residential use for the
50purpose of local laws and ordinances. Homes of six or fewer
51residents which otherwise meet the definition of a community
52residential home shall be allowed in single-family or
53multifamily zoning without approval by the local government,
54provided that such homes shall not be located within a radius of
551,000 feet of another existing such home with six or fewer
56residents. Such homes with six or fewer residents shall not be
57required to comply with the notification provisions of this
58section; provided, however, that, prior to occupancy, the
59sponsoring agency provides the local government with the most
60recently published data compiled that identifies all community
61residential homes in the district in which the proposed site is
62to be located in order to show that no other community
63residential home is within a radius of 1,000 feet of the
64proposed home with six or fewer residents. At the time of home
65occupancy, the sponsoring agency or the licensing entity must
66notify or the department notifies the local government at the
67time of home occupancy that the home is licensed by the
68department.
69     Section 2.  This act shall take effect July 1, 2006.


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