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