| 1 | A bill to be entitled |
| 2 | An act relating to site selection of community residential |
| 3 | homes; amending s. 419.001, F.S.; revising and providing |
| 4 | definitions; providing applicability of requirements |
| 5 | relating to planned residential communities; conforming |
| 6 | cross-references; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsections (1), (2), and (4) of section |
| 11 | 419.001, 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 (e) (d), |
| 17 | who are clients of the Department of Elderly Affairs, the Agency |
| 18 | for Persons with Disabilities, the Department of Juvenile |
| 19 | Justice, or the Department of Children and Family Services or a |
| 20 | dwelling unit licensed by the Agency for Health Care |
| 21 | Administration which provides a living environment for up to 14 |
| 22 | 7 to 14 unrelated residents who operate as the functional |
| 23 | equivalent of a family, including such supervision and care by |
| 24 | supportive staff as may be necessary to meet the physical, |
| 25 | emotional, and social needs of the residents. |
| 26 | (b) "Licensing entity" or "licensing entities" means the |
| 27 | Department of Elderly Affairs, the Agency for Persons with |
| 28 | Disabilities, the Department of Juvenile Justice, the Department |
| 29 | of Children and Family Services, or the Agency for Health Care |
| 30 | Administration, all of which are authorized to license a |
| 31 | community residential home to serve residents, as defined in |
| 32 | paragraph (e) (d). |
| 33 | (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 | (d) "Planned residential community" means a community |
| 37 | established for persons with developmental disabilities, as |
| 38 | defined in s. 393.063, that may be a planned unit development |
| 39 | with amenities designed to serve the needs of such residents |
| 40 | consisting of two or more community residential homes which may |
| 41 | be contiguous to one another. |
| 42 | (e)(d) "Resident" means any of the following: a frail |
| 43 | elder as defined in s. 429.65; a physically disabled or |
| 44 | handicapped person as defined in s. 760.22(7)(a); a |
| 45 | developmentally disabled person as defined in s. 393.063; a |
| 46 | nondangerous mentally ill person as defined in s. 394.455(18); |
| 47 | or a child who is found to be dependent as defined in s. 39.01 |
| 48 | or s. 984.03, or a child in need of services as defined in s. |
| 49 | 984.03 or s. 985.03. |
| 50 | (f)(e) "Sponsoring agency" means an agency or unit of |
| 51 | government, a profit or nonprofit agency, or any other person or |
| 52 | organization which intends to establish or operate a community |
| 53 | residential home. |
| 54 | (2)(a) Homes of six or fewer residents which otherwise |
| 55 | meet the definition of a community residential home shall be |
| 56 | deemed a single-family unit and a noncommercial, residential use |
| 57 | for the purpose of local laws and ordinances. Homes of six or |
| 58 | fewer residents which otherwise meet the definition of a |
| 59 | community residential home shall be allowed in single-family or |
| 60 | multifamily zoning without approval by the local government, |
| 61 | provided that such homes shall not be located within a radius of |
| 62 | 1,000 feet of another existing such home with six or fewer |
| 63 | residents. Such homes with six or fewer residents shall not be |
| 64 | required to comply with the notification provisions of this |
| 65 | section; provided that, prior to licensure, the sponsoring |
| 66 | agency provides the local government with the most recently |
| 67 | published data compiled from the licensing entities that |
| 68 | identifies all community residential homes within the |
| 69 | jurisdictional limits of the local government in which the |
| 70 | proposed site is to be located in order to show that no other |
| 71 | community residential home is within a radius of 1,000 feet of |
| 72 | the proposed home with six or fewer residents. At the time of |
| 73 | home occupancy, the sponsoring agency must notify the local |
| 74 | government that the home is licensed by the licensing entity. |
| 75 | (b) This subsection is not intended to limit in any way |
| 76 | the development of a planned residential community for persons |
| 77 | with developmental disabilities. |
| 78 | (4)(a) All distance requirements in this section shall be |
| 79 | measured from the nearest point of the existing home or area of |
| 80 | single-family zoning to the nearest point of the proposed home. |
| 81 | (b) Distance requirements shall not apply to a planned |
| 82 | residential community for persons with developmental |
| 83 | disabilities existing as a separate entity apart from an |
| 84 | established residential area. |
| 85 | Section 2. This act shall take effect July 1, 2009. |