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

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