CS/HB 645

1	A bill to be entitled
2	An act relating to community residential homes; amending
3	s. 393.501, F.S.; prohibiting certain rules adopted by the
4	Agency for Persons with Disabilities from restricting the
5	number of facilities designated as community residential
6	homes located within a planned residential community;
7	amending s. 419.001, F.S.; defining the term "planned
8	residential community"; providing that community
9	residential homes located within a planned residential
10	community may be contiguous to one another; prohibiting a
11	local government from imposing proximity limitations under
12	certain circumstances; providing an effective date.
13
14	WHEREAS, individuals who have development disabilities have
15	the same rights and freedoms as every other citizen in the
16	United States, and
17	WHEREAS, the Developmental Disabilities Assistance and Bill
18	of Rights Act of 2000, Pub. L. No. 106-402, found that
19	individuals who have developmental disabilities and their
20	families are the primary decisionmakers regarding the services
21	and supports such individuals and their families receive,
22	including choosing where the individuals live, and play
23	decisionmaking roles in policies and programs that affect the
24	lives of such individuals and their families, and
25	WHEREAS, individuals who have developmental disabilities
26	should be able to select a home with the same freedom of choice
27	as other United States citizens, and
28	WHEREAS, such selection should have no bearing on
29	eligibility for services or supports that an individual may
30	otherwise be entitled to receive, NOW, THEREFORE,
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (2) of section 393.501, Florida
35	Statutes, is amended to read:
36	393.501  Rulemaking.-
37	(2)  Such rules must shall address the number of facilities
38	on a single lot or on adjacent lots, except that there is no
39	restriction on the number of facilities designated as community
40	residential homes located within a planned residential community
41	as those terms are defined in s. 419.001(1). In adopting rules,
42	an alternative living center and an independent living education
43	center, as described in s. 393.18, are shall be subject to the
44	provisions of s. 419.001, except that such centers are shall be
45	exempt from the 1,000-foot-radius requirement of s. 419.001(2)
46	if:
47	(a)  The centers are located on a site zoned in a manner
48	that permits all the components of a comprehensive transitional
49	education center to be located on the site; or
50	(b)  There are no more than three such centers within a
51	radius of 1,000 feet.
52	Section 2.  Subsection (1) of section 419.001, Florida
53	Statutes, is amended, present subsections (4) through (11) of
54	that section are redesignated as subsections (5) through (12),
55	respectively, and a new subsection (4) is added to that section,
56	to read:
57	419.001  Site selection of community residential homes.-
58	(1)  For the purposes of this section, the term following
59	definitions shall apply:
60	(a)  "Community residential home" means a dwelling unit
61	licensed to serve residents, as defined in paragraph (d), who
62	are clients of the Department of Elderly Affairs, the Agency for
63	Persons with Disabilities, the Department of Juvenile Justice,
64	or the Department of Children and Family Services or a dwelling
65	unit licensed by the Agency for Health Care Administration which
66	provides a living environment for 7 to 14 unrelated residents
67	who operate as the functional equivalent of a family, including
68	such supervision and care by supportive staff as may be
69	necessary to meet the physical, emotional, and social needs of
70	the residents.
71	(b)  "Licensing entity" or "licensing entities" means the
72	Department of Elderly Affairs, the Agency for Persons with
73	Disabilities, the Department of Juvenile Justice, the Department
74	of Children and Family Services, or the Agency for Health Care
75	Administration, all of which are authorized to license a
76	community residential home to serve residents, as defined in
77	paragraph (d).
78	(c)  "Local government" means a county as set forth in
79	chapter 7 or a municipality incorporated under the provisions of
80	chapter 165.
81	(d)  "Planned residential community" means a planned unit
82	development which is under unified control, is planned and
83	developed as a whole, has a minimum gross lot area of 10 acres,
84	and has amenities that are designed to serve residents with a
85	developmental disability as defined in s. 393.063 but which may
86	also provide housing options for other individuals. This
87	community shall provide choices with regard to housing
88	arrangements, support providers, and activities. The residents
89	may enjoy unrestricted freedom of movement within and outside of
90	the community. For the purposes of this paragraph, local
91	government approval must be based on criteria that include, but
92	are not limited to, compliance with appropriate land use,
93	zoning, and building codes. A planned residential community may
94	contain two or more community residential homes that are
95	contiguous to one another.
96	(e)(d)  "Resident" means any of the following: a frail
97	elder as defined in s. 429.65; a person who has a handicap
98	physically disabled or handicapped person as defined in s.
99	760.22(7)(a); a developmentally disabled person who has a
100	developmental disability as defined in s. 393.063; a
101	nondangerous mentally ill person who has a mental illness as
102	defined in s. 394.455(18); or a child who is found to be
103	dependent as defined in s. 39.01 or s. 984.03, or a child in
104	need of services as defined in s. 984.03 or s. 985.03.
105	(f)(e)  "Sponsoring agency" means an agency or unit of
106	government, a profit or nonprofit agency, or any other person or
107	organization which intends to establish or operate a community
108	residential home.
109	(4)  Community residential homes, including homes of six or
110	fewer residents which would otherwise meet the definition of a
111	community residential home, which are located within a planned
112	residential community are not subject to the proximity
113	requirements of this section and may be contiguous to each
114	other. A planned residential community must comply with the
115	applicable local government's land development code and other
116	local ordinances. A local government may not impose proximity
117	limitations between homes within a planned residential community
118	if such limitations are based solely on the types of residents
119	anticipated to be living in the community.
120	Section 3.  This act shall take effect July 1, 2010.

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