SB 1124 First Engrossed (ntc)
20091124e1
1 A bill to be entitled
2 An act relating to community residential homes;
3 amending s. 419.001, F.S.; defining the term “planned
4 residential community”; providing that community
5 residential homes that have six or fewer residents
6 located within a planned residential community are not
7 required to obtain local government approval
8 regardless of their proximity to each other; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (1) and (2) of section 419.001,
14 Florida Statutes, are amended to read:
15 419.001 Site selection of community residential homes.—
16 (1) For the purposes of this section, the following
17 definitions shall apply:
18 (a) “Community residential home” means a dwelling unit
19 licensed to serve residents, as defined in paragraph (d), who
20 are clients of the Department of Elderly Affairs, the Agency for
21 Persons with Disabilities, the Department of Juvenile Justice,
22 or the Department of Children and Family Services or a dwelling
23 unit licensed by the Agency for Health Care Administration which
24 provides a living environment for 7 to 14 unrelated residents
25 who operate as the functional equivalent of a family, including
26 such supervision and care by supportive staff as may be
27 necessary to meet the physical, emotional, and social needs of
28 the residents.
29 (b) “Licensing entity” or “licensing entities” means the
30 Department of Elderly Affairs, the Agency for Persons with
31 Disabilities, the Department of Juvenile Justice, the Department
32 of Children and Family Services, or the Agency for Health Care
33 Administration, all of which are authorized to license a
34 community residential home to serve residents, as defined in
35 paragraph (d).
36 (c) “Local government” means a county as set forth in
37 chapter 7 or a municipality incorporated under the provisions of
38 chapter 165.
39 (d) “Resident” means any of the following: a frail elder as
40 defined in s. 429.65; a person who has a handicap physically
41 disabled or handicapped person as defined in s. 760.22(7)(a); a
42 developmentally disabled person who has a developmental
43 disability as defined in s. 393.063; a nondangerous mentally ill
44 person who has a mental illness as defined in s. 394.455 as
45 defined in s. 394.455(18); or a child who is found to be
46 dependent as defined in s. 39.01 or s. 984.03, or a child in
47 need of services as defined in s. 984.03 or s. 985.03.
48 (e) “Sponsoring agency” means an agency or unit of
49 government, a profit or nonprofit agency, or any other person or
50 organization which intends to establish or operate a community
51 residential home.
52 (f) “Planned residential community” means a local
53 government-approved, planned unit development having amenities
54 that are designed to serve residents who have developmental
55 disabilities and may contain two or more community residential
56 homes, licensed by the Agency for Persons with Disabilities,
57 which are contiguous to one another.
58 (2) Homes of six or fewer residents which otherwise meet
59 the definition of a community residential home shall be deemed a
60 single-family unit and a noncommercial, residential use for the
61 purpose of local laws and ordinances. Such homes of six or fewer
62 residents which otherwise meet the definition of a community
63 residential home:
64 (a) Shall be allowed in single-family or multifamily zoning
65 without approval by the local government approval if they are,
66 provided that such homes shall not be located within a radius of
67 1,000 feet of another existing such home that has with six or
68 fewer residents. Such homes are with six or fewer residents
69 shall not be required to comply with the notification provisions
70 of this section if; provided that, prior to licensure, the
71 sponsoring agency provides the local government with the most
72 recently published data compiled from the licensing entities
73 that identifies all community residential homes within the
74 jurisdictional limits of the local government in which the
75 proposed site is to be located in order to show that no other
76 community residential home is within a radius of 1,000 feet of
77 the proposed home with six or fewer residents. At the time of
78 home occupancy, the sponsoring agency must notify the local
79 government that the home is licensed by the licensing entity.
80 (b) If located within a planned residential community, do
81 not require local government approval regardless of their
82 proximity to each other. This subsection does not limit the
83 authority of a local government to approve or deny a planned
84 unit development.
85 Section 2. This act shall take effect July 1, 2009.