HB 351

1	A bill to be entitled
2	An act relating to community residential homes; amending
3	s. 419.001, F.S.; revising, providing, and deleting
4	definitions; requiring the sponsoring agency of a
5	community residential home to provide certain information
6	and notification regarding siting requirements to a local
7	government under certain circumstances; providing for the
8	licensing agency to deny or nullify a license to operate a
9	community residential home under certain circumstances;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (1), (2), (3), and (6) of section
15	419.001, Florida Statutes, are amended to read:
16	419.001  Site selection of community residential homes.--
17	(1)  For the purposes of this section, the following
18	definitions shall apply:
19	(a)  "Community residential home" means a dwelling unit
20	licensed to serve residents, as defined in paragraph (d), who
21	are clients of the Department of Elderly Affairs, the Agency for
22	Persons with Disabilities, the Department of Juvenile Justice,
23	or the Department of Children and Family Services or a dwelling
24	unit licensed by the Agency for Health Care Administration,
25	which provides a living environment for 7 to 14 unrelated
26	residents who operate as the functional equivalent of a family,
27	including such supervision and care by supportive staff as may
28	be necessary to meet the physical, emotional, and social needs
29	of the residents.
30	(b)  "Licensing entity" or "licensing entities" means the
31	Department of Elderly Affairs, the Agency for Persons with
32	Disabilities, the Department of Juvenile Justice, the Department
33	of Children and Family Services, or the Agency for Health Care
34	Administration, all of which are authorized to license a
35	community residential home to serve residents, as defined in
36	paragraph (d).
37	(b)  "Department" means the Department of Children and
38	Family Services.
39	(c)  "Local government" means a county as set forth in
40	chapter 7 or a municipality incorporated under the provisions of
41	chapter 165.
42	(d)  "Resident" means any of the following: a frail elder
43	as defined in s. 400.618; a physically disabled or handicapped
44	person as defined in s. 760.22(7)(a); a developmentally disabled
45	person as defined in s. 393.063; a nondangerous mentally ill
46	person as defined in s. 394.455(18); or a child as defined in s.
47	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
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	(2)  Homes of six or fewer residents which otherwise meet
53	the definition of a community residential home shall be deemed a
54	single-family unit and a noncommercial, residential use for the
55	purpose of local laws and ordinances. Homes of six or fewer
56	residents which otherwise meet the definition of a community
57	residential home shall be allowed in single-family or
58	multifamily zoning without approval by the local government,
59	provided that such homes shall not be located within a radius of
60	1,000 feet of another existing such home with six or fewer
61	residents. Such homes with six or fewer residents shall not be
62	required to comply with the notification provisions of this
63	section; provided, however, that, prior to licensure, the
64	sponsoring agency provides the local government with the most
65	recently published data compiled from the licensing entities
66	that identifies all community residential homes within the
67	jurisdictional limits of the local government in which the
68	proposed site is to be located in order to show that no other
69	community residential home is within a radius of 1,000 feet of
70	the proposed home with six or fewer residents. At the time of
71	home occupancy, the sponsoring agency must notify or the
72	department notifies the local government at the time of home
73	occupancy that the home is licensed by the licensing entity
74	department.
75	(3)(a)  When a site for a community residential home has
76	been selected by a sponsoring agency in an area zoned for
77	multifamily, the agency shall notify the chief executive officer
78	of the local government in writing and include in such notice
79	the specific address of the site, the residential licensing
80	category, the number of residents, and the community support
81	requirements of the program. Such notice shall also contain a
82	statement from the licensing entity district administrator of
83	the department indicating the need for and the licensing status
84	of the proposed community residential home and specifying how
85	the home meets applicable licensing criteria for the safe care
86	and supervision of the clients in the home. The sponsoring
87	agency district administrator shall also provide to the local
88	government the most recently published data compiled from the
89	licensing entities that identifies all community residential
90	homes within in the jurisdictional limits of the local
91	government district in which the proposed site is to be located.
92	The local government shall review the notification of the
93	sponsoring agency in accordance with the zoning ordinance of the
94	jurisdiction.
95	(b)  Pursuant to such review, the local government may:
96	1.  Determine that the siting of the community residential
97	home is in accordance with local zoning and approve the siting.
98	If the siting is approved, the sponsoring agency may establish
99	the home at the site selected.
100	2.  Fail to respond within 60 days. If the local government
101	fails to respond within such time, the sponsoring agency may
102	establish the home at the site selected.
103	3.  Deny the siting of the home.
104	(c)  The local government shall not deny the siting of a
105	community residential home unless the local government
106	establishes that the siting of the home at the site selected:
107	1.  Does not otherwise conform to existing zoning
108	regulations applicable to other multifamily uses in the area.
109	2.  Does not meet applicable licensing criteria established
110	and determined by the licensing entity department, including
111	requirements that the home be located to assure the safe care
112	and supervision of all clients in the home.
113	3.  Would result in such a concentration of community
114	residential homes in the area in proximity to the site selected,
115	or would result in a combination of such homes with other
116	residences in the community, such that the nature and character
117	of the area would be substantially altered. A home that is
118	located within a radius of 1,200 feet of another existing
119	community residential home in a multifamily zone shall be an
120	overconcentration of such homes that substantially alters the
121	nature and character of the area. A home that is located within
122	a radius of 500 feet of an area of single-family zoning
123	substantially alters the nature and character of the area.
124	(6)  The licensing entity department shall not issue a
125	license to a sponsoring agency for operation of a community
126	residential home if the sponsoring agency does not notify the
127	local government of its intention to establish a program, as
128	required by subsection (3). A license issued without compliance
129	with the provisions of this section shall be considered null and
130	void, and continued operation of the home may be enjoined.
131	Section 2.  This act shall take effect July 1, 2006.

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