Senate Bill sb0178

    Florida Senate - 2003                                   SB 178

    By Senator Cowin





    20-264A-03

  1                      A bill to be entitled

  2         An act relating to site selection of community

  3         residential homes; amending s. 419.001, F.S.;

  4         prohibiting certain community residential homes

  5         from being located within a prescribed distance

  6         from existing single-family homes; providing an

  7         effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsections (1) and (2) of section 419.001,

12  Florida Statutes, are amended to read:

13         419.001  Site selection of community residential

14  homes.--

15         (1)  As used in For the purposes of this section, the

16  term following definitions shall apply:

17         (a)  "Community residential home" means a dwelling unit

18  licensed to serve clients of the Department of Children and

19  Family Services, which provides a living environment for 7 to

20  14 unrelated residents who operate as the functional

21  equivalent of a family, including such supervision and care by

22  supportive staff as may be necessary to meet the physical,

23  emotional, and social needs of the residents.

24         (b)  "Department" means the Department of Children and

25  Family Services.

26         (c)  "Local government" means a county as set forth in

27  chapter 7 or a municipality incorporated under the provisions

28  of chapter 165.

29         (d)  "Resident" means any of the following:  a frail

30  elder as defined in s. 400.618; a physically disabled or

31  handicapped person as defined in s. 760.22(7)(a); a

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






    Florida Senate - 2003                                   SB 178
    20-264A-03




 1  developmentally disabled person as defined in s. 393.063(12);

 2  a nondangerous mentally ill person as defined in s.

 3  394.455(18); or a child as defined in s. 39.01(14), s.

 4  984.03(9) or (12), or s. 985.03(8).

 5         (e)  "Sponsoring agency" means an agency or unit of

 6  government, a profit or nonprofit agency, or any other person

 7  or organization which intends to establish or operate a

 8  community residential home.

 9         (2)  Homes of six or fewer residents which otherwise

10  meet the definition of a community residential home shall be

11  deemed a single-family unit and a noncommercial, residential

12  use for the purpose of local laws and ordinances.  Homes of

13  six or fewer residents which otherwise meet the definition of

14  a community residential home shall be allowed in single-family

15  or multifamily zoning without approval by the local

16  government; however, provided that such a home must homes

17  shall not be located within a radius of 1,000 feet of another

18  existing such home with six or fewer residents or within a

19  radius of 500 feet of an existing single-family home. Such

20  homes with six or fewer residents need not shall not be

21  required to comply with the notification provisions of this

22  section; provided, however, that the sponsoring agency or the

23  department must notify notifies the local government at the

24  time of home occupancy that the home is licensed by the

25  department.

26         Section 2.  This act shall take effect July 1, 2003.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Prohibits locating a community residential home within a
      radius of 500 feet of an existing single-family home.
31  

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