Florida Senate - 2015 SB 1364 By Senator Sobel 33-00617-15 20151364__ 1 A bill to be entitled 2 An act relating to residential facilities; amending s. 3 419.001, F.S.; prohibiting the colocation of a home of 4 six or fewer residents which otherwise meets the 5 definition of a community residential home and a 6 community residential home within a certain distance; 7 requiring the measuring of certain distances between 8 community residential homes; amending s. 429.075, 9 F.S.; requiring the adoption, use, and maintenance of 10 certain security measures and practices by assisted 11 living facilities in municipalities having a 12 population greater than 300,000; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (2) and paragraph (c) of subsection 18 (3) of section 419.001, Florida Statutes, are amended to read: 19 419.001 Site selection of community residential homes.— 20 (2) Homes withofsix or fewer residents which otherwise 21 meet the definition of a community residential home areshallbe22 deemed a single-family unit and a noncommercial, residential use 23 for the purpose of local laws and ordinances. Homes withofsix 24 or fewer residents which otherwise meet the definition of a 25 community residential home mustshallbe allowed in single 26 family or multifamily zoning without approval by the local 27 government, provided that such homes mayshallnot be located 28 within a radius of 1,000 feet of another existing such home with 29 six or fewer residents. Such homes with six or fewer residents 30 may not be located within a radius of 1,200 feet of a community 31 residential home. Such homes with six or fewer residents may 32shallnot be required to comply with the notification provisions 33 of this section; provided that, prior to licensure, the 34 sponsoring agency provides the local government with the most 35 recently published data compiled from the licensing entities 36 that identifies all community residential homes and all such 37 homes with six or fewer residents within the jurisdictional 38 limits of the local government in which the proposed site is to 39 be located in order to show that no other community residential 40 home is within a radius of 1,200 feet of the proposed home with 41 six or fewer residents and that no other such home with six or 42 fewer residents is within a radius of 1,000 feet of the proposed 43 home with six or fewer residents. At the time of home occupancy, 44 the sponsoring agency must notify the local government that the 45 home is licensed by the licensing entity. 46 (3) 47 (c) The local government mayshallnot deny the siting of a 48 community residential home unless the local government 49 establishes that the siting of the home at the site selected: 50 1. Does not otherwise conform to existing zoning 51 regulations applicable to other multifamily uses in the area. 52 2. Does not meet applicable licensing criteria established 53 and determined by the licensing entity, including requirements 54 that the home be located to assure the safe care and supervision 55 of all clients in the home. 56 3. Would result in such a concentration of community 57 residential homes in the area in proximity to the site selected, 58 or would result in a combination of such homes with other 59 residences in the community,suchthat the nature and character 60 of the area would be substantially altered. A home that is 61 located within a radius of 1,200 feet of another existing 62 community residential home in a multifamily zone is deemed to 63shallbe an overconcentration of such homes that substantially 64 alters the nature and character of the area. A community 65 residential home may not be located within a radius of 1,200 66 feet of a home of six or fewer residents which otherwise meets 67 the definition of a community residential home. Distances must 68 be measured between all community residential homes that are 69 less than 1,200 feet apart if they serve residents who are 70 clients of one or more of the agencies and offices described in 71 paragraph (1)(a). A home that is located within a radius of 500 72 feet of an area of single-family zoning substantially alters the 73 nature and character of the area. 74 Section 2. Subsection (2) of section 429.075, Florida 75 Statutes, is amended to read: 76 429.075 Limited mental health license.—An assisted living 77 facility that serves three or more mental health residents must 78 obtain a limited mental health license. 79 (2) A facility that isFacilitieslicensed to provide 80 services to mental health residents shall provide appropriate 81 supervision and staffing to provide for the health, safety, and 82 welfare of such residents. A facility housing mental health 83 residents as defined in s. 429.02(15) which is located in an 84 area zoned for residential use in a municipality having a 85 population greater than 300,000 shall also do the following: 86 (a) Maintain on the premises of the facility 24-hour 87 security services provided by uniformed security personnel, 88 licensed under part III of chapter 493, or surveillance cameras 89 sufficient to ensure the safety of its residents and the 90 community at large. The cameras must be operational and in use 91 24 hours a day and cover the entire exterior of the facility as 92 well as all ingress and egress points. Camera videos must be 93 saved for up to 30 days. 94 (b) Notify the municipality within 20 days after accepting 95 a resident who has been discharged from the criminal justice 96 system following a felony conviction within the past 5 years. 97 (c) Maintain a log of residents who have been discharged 98 from the criminal justice system following a felony conviction 99 within the past 5 years. The log must contain the name of the 100 transferring department and the previous address for each such 101 resident. The facility or home shall require residents to sign 102 the log each time they enter or exit the premises. The facility 103 shall send a copy of the log to the chief administrative officer 104 of the municipality in which the facility is located on a 105 quarterly basis and shall keep the log current, maintain it in 106 an accessible area on the premises, and allow its inspection or 107 copying within 45 days of a request by the municipality. 108 Section 3. This act shall take effect July 1, 2015.