Senate Bill sb1006
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1006
    By Senator Fasano
    11-784-06                                           See HB 351
  1                      A bill to be entitled
  2         An act relating to community residential homes;
  3         amending s. 419.001, F.S.; revising
  4         definitions; requiring the sponsoring agency of
  5         a community residential home to provide certain
  6         information to a local government under certain
  7         circumstances; providing an effective date.
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  9  Be It Enacted by the Legislature of the State of Florida:
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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)  For the purposes of this section, the following
16  definitions shall apply:
17         (a)  "Community residential home" means a dwelling unit
18  licensed to serve residents, as defined in paragraph (c), who
19  are clients of the Department of Elderly Affairs, the Agency
20  for Persons with Disabilities, the Department of Juvenile
21  Justice, or the Department of Children and Family Services or
22  a dwelling unit licensed by the Agency for Health Care
23  Administration, which provides a living environment for 7 to
24  14 unrelated residents who operate as the functional
25  equivalent of a family, including such supervision and care by
26  supportive staff as may be necessary to meet the physical,
27  emotional, and social needs of the residents.
28         (b)  "Department" means the Department of Children and
29  Family Services.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1006
    11-784-06                                           See HB 351
 1         (b)(c)  "Local government" means a county as set forth
 2  in chapter 7 or a municipality incorporated under the
 3  provisions of chapter 165.
 4         (c)(d)  "Resident" means any of the following: a frail
 5  elder as defined in s. 400.618; a physically disabled or
 6  handicapped person as defined in s. 760.22(7)(a); a
 7  developmentally disabled person as defined in s. 393.063; a
 8  nondangerous mentally ill person as defined in s. 394.455(18);
 9  or a child as defined in s. 39.01(14), s. 984.03(9) or (12),
10  or s. 985.03(8).
11         (d)(e)  "Sponsoring agency" means an agency or unit of
12  government, a profit or nonprofit agency, or any other person
13  or organization which intends to establish or operate a
14  community residential home.
15         (2)  Homes of six or fewer residents which otherwise
16  meet the definition of a community residential home shall be
17  deemed a single-family unit and a noncommercial, residential
18  use for the purpose of local laws and ordinances. Homes of six
19  or fewer residents which otherwise meet the definition of a
20  community residential home shall be allowed in single-family
21  or multifamily zoning without approval by the local
22  government, provided that such homes shall not be located
23  within a radius of 1,000 feet of another existing such home
24  with six or fewer residents. Such homes with six or fewer
25  residents shall not be required to comply with the
26  notification provisions of this section; provided, however,
27  that, prior to occupancy, the sponsoring agency provides the
28  local government with the most recently published data
29  compiled that identifies all community residential homes in
30  the district in which the proposed site is to be located in
31  order to show that no other community residential home is
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1006
    11-784-06                                           See HB 351
 1  within a radius of 1,000 feet of the proposed home with six or
 2  fewer residents. At the time of home occupancy, the sponsoring
 3  agency or the Department of Children and Family Services must
 4  notify or the department notifies the local government at the
 5  time of home occupancy that the home is licensed by the
 6  department.
 7         Section 2.  This act shall take effect July 1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.