HB 0351

CS

CHAMBER ACTION

1	The Growth Management Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to community residential homes; amending
7	s. 419.001, F.S.; revising, providing, and deleting
8	definitions; requiring the sponsoring agency of a
9	community residential home to provide certain information
10	and notification regarding siting requirements to a local
11	government under certain circumstances; providing for the
12	licensing agency to deny or nullify a license to operate a
13	community residential home under certain circumstances;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (1), (2), (3), and (6) of section
19	419.001, Florida Statutes, are amended to read:
20	419.001  Site selection of community residential homes.--
21	(1)  For the purposes of this section, the following
22	definitions shall apply:
23	(a)  "Community residential home" means a dwelling unit
24	licensed to serve residents, as defined in paragraph (d), who
25	are clients of the Department of Elderly Affairs, the Agency for
26	Persons with Disabilities, the Department of Juvenile Justice,
27	or the Department of Children and Family Services or a dwelling
28	unit licensed by the Agency for Health Care Administration,
29	which provides a living environment for 7 to 14 unrelated
30	residents who operate as the functional equivalent of a family,
31	including such supervision and care by supportive staff as may
32	be necessary to meet the physical, emotional, and social needs
33	of the residents.
34	(b)  "Licensing entity" or "licensing entities" means the
35	Department of Elderly Affairs, the Agency for Persons with
36	Disabilities, the Department of Juvenile Justice, the Department
37	of Children and Family Services, or the Agency for Health Care
38	Administration, all of which are authorized to license a
39	community residential home to serve residents, as defined in
40	paragraph (d).
41	(b)  "Department" means the Department of Children and
42	Family Services.
43	(c)  "Local government" means a county as set forth in
44	chapter 7 or a municipality incorporated under the provisions of
45	chapter 165.
46	(d)  "Resident" means any of the following: a frail elder
47	as defined in s. 400.618; a physically disabled or handicapped
48	person as defined in s. 760.22(7)(a); a developmentally disabled
49	person as defined in s. 393.063; a nondangerous mentally ill
50	person as defined in s. 394.455(18); or a child as defined in s.
51	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
52	(e)  "Sponsoring agency" means an agency or unit of
53	government, a profit or nonprofit agency, or any other person or
54	organization which intends to establish or operate a community
55	residential home.
56	(2)  Homes of six or fewer residents which otherwise meet
57	the definition of a community residential home shall be deemed a
58	single-family unit and a noncommercial, residential use for the
59	purpose of local laws and ordinances. Homes of six or fewer
60	residents which otherwise meet the definition of a community
61	residential home shall be allowed in single-family or
62	multifamily zoning without approval by the local government,
63	provided that such homes shall not be located within a radius of
64	1,000 feet of another existing such home with six or fewer
65	residents. Such homes with six or fewer residents shall not be
66	required to comply with the notification provisions of this
67	section; provided, however, that, prior to occupancy, the
68	sponsoring agency provides the local government with the most
69	recently published data compiled from the licensing entities
70	that identifies all community residential homes within the
71	jurisdictional limits of the local government in which the
72	proposed site is to be located in order to show that no other
73	community residential home is within a radius of 1,000 feet of
74	the proposed home with six or fewer residents. At the time of
75	home occupancy, the sponsoring agency must notify or the
76	department notifies the local government at the time of home
77	occupancy that the home is licensed by the licensing entity
78	department.
79	(3)(a)  When a site for a community residential home has
80	been selected by a sponsoring agency in an area zoned for
81	multifamily, the agency shall notify the chief executive officer
82	of the local government in writing and include in such notice
83	the specific address of the site, the residential licensing
84	category, the number of residents, and the community support
85	requirements of the program. Such notice shall also contain a
86	statement from the licensing entity district administrator of
87	the department indicating the need for and the licensing status
88	of the proposed community residential home and specifying how
89	the home meets applicable licensing criteria for the safe care
90	and supervision of the clients in the home. The sponsoring
91	agency district administrator shall also provide to the local
92	government the most recently published data compiled from the
93	licensing entities that identifies all community residential
94	homes within in the jurisdictional limits of the local
95	government district in which the proposed site is to be located.
96	The local government shall review the notification of the
97	sponsoring agency in accordance with the zoning ordinance of the
98	jurisdiction.
99	(b)  Pursuant to such review, the local government may:
100	1.  Determine that the siting of the community residential
101	home is in accordance with local zoning and approve the siting.
102	If the siting is approved, the sponsoring agency may establish
103	the home at the site selected.
104	2.  Fail to respond within 60 days. If the local government
105	fails to respond within such time, the sponsoring agency may
106	establish the home at the site selected.
107	3.  Deny the siting of the home.
108	(c)  The local government shall not deny the siting of a
109	community residential home unless the local government
110	establishes that the siting of the home at the site selected:
111	1.  Does not otherwise conform to existing zoning
112	regulations applicable to other multifamily uses in the area.
113	2.  Does not meet applicable licensing criteria established
114	and determined by the licensing entity department, including
115	requirements that the home be located to assure the safe care
116	and supervision of all clients in the home.
117	3.  Would result in such a concentration of community
118	residential homes in the area in proximity to the site selected,
119	or would result in a combination of such homes with other
120	residences in the community, such that the nature and character
121	of the area would be substantially altered. A home that is
122	located within a radius of 1,200 feet of another existing
123	community residential home in a multifamily zone shall be an
124	overconcentration of such homes that substantially alters the
125	nature and character of the area. A home that is located within
126	a radius of 500 feet of an area of single-family zoning
127	substantially alters the nature and character of the area.
128	(6)  The licensing entity department shall not issue a
129	license to a sponsoring agency for operation of a community
130	residential home if the sponsoring agency does not notify the
131	local government of its intention to establish a program, as
132	required by subsection (3). A license issued without compliance
133	with the provisions of this section shall be considered null and
134	void, and continued operation of the home may be enjoined.
135	Section 2.  This act shall take effect July 1, 2006.

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