HB 645

A bill to be entitled
2An act relating to community residential homes; amending
3s. 393.501, F.S.; prohibiting certain rules adopted by the
4Agency for Persons with Disabilities from restricting the
5number of facilities designated as community residential
6homes located within a planned residential community;
7amending s. 419.001, F.S.; defining the term "planned
8residential community"; providing that community
9residential homes located within a planned residential
10community may be contiguous to one another; providing an
11effective date.
13     WHEREAS, individuals who have development disabilities have
14the same rights and freedoms as every other citizen in the
15United States, and
16     WHEREAS, the Developmental Disabilities Assistance and Bill
17of Rights Act of 2000, Pub. L. No. 106-402, found that
18individuals who have developmental disabilities and their
19families are the primary decisionmakers regarding the services
20and supports such individuals and their families receive,
21including choosing where the individuals live, and play
22decisionmaking roles in policies and programs that affect the
23lives of such individuals and their families, and
24     WHEREAS, individuals who have developmental disabilities
25should be able to select a home with the same freedom of choice
26as other United States citizens, and
27     WHEREAS, such selection should have no bearing on
28eligibility for services or supports that an individual may
29otherwise be entitled to receive, NOW, THEREFORE,
31Be It Enacted by the Legislature of the State of Florida:
33     Section 1.  Subsection (2) of section 393.501, Florida
34Statutes, is amended to read:
35     393.501  Rulemaking.-
36     (2)  Such rules must shall address the number of facilities
37on a single lot or on adjacent lots, except that there is no
38restriction on the number of facilities designated as community
39residential homes located within a planned residential community
40as those terms are defined in s. 419.001(1). In adopting rules,
41an alternative living center and an independent living education
42center, as described in s. 393.18, are shall be subject to the
43provisions of s. 419.001, except that such centers are shall be
44exempt from the 1,000-foot-radius requirement of s. 419.001(2)
46     (a)  The centers are located on a site zoned in a manner
47that permits all the components of a comprehensive transitional
48education center to be located on the site; or
49     (b)  There are no more than three such centers within a
50radius of 1,000 feet.
51     Section 2.  Subsection (1) of section 419.001, Florida
52Statutes, is amended, present subsections (4) through (11) of
53that section are redesignated as subsections (5) through (12),
54respectively, and a new subsection (4) is added to that section,
55to read:
56     419.001  Site selection of community residential homes.-
57     (1)  For the purposes of this section, the term following
58definitions shall apply:
59     (a)  "Community residential home" means a dwelling unit
60licensed to serve residents, as defined in paragraph (d), who
61are clients of the Department of Elderly Affairs, the Agency for
62Persons with Disabilities, the Department of Juvenile Justice,
63or the Department of Children and Family Services or a dwelling
64unit licensed by the Agency for Health Care Administration which
65provides a living environment for 7 to 14 unrelated residents
66who operate as the functional equivalent of a family, including
67such supervision and care by supportive staff as may be
68necessary to meet the physical, emotional, and social needs of
69the residents.
70     (b)  "Licensing entity" or "licensing entities" means the
71Department of Elderly Affairs, the Agency for Persons with
72Disabilities, the Department of Juvenile Justice, the Department
73of Children and Family Services, or the Agency for Health Care
74Administration, all of which are authorized to license a
75community residential home to serve residents, as defined in
76paragraph (d).
77     (c)  "Local government" means a county as set forth in
78chapter 7 or a municipality incorporated under the provisions of
79chapter 165.
80     (d)  "Planned residential community" means a local
81government-approved, planned unit development that is planned
82and developed as a whole, is designed to serve the unique needs
83of residents who have developmental disabilities, and may
84include two or more community residential homes. For the
85purposes of this paragraph, local government approval must be
86based on criteria that includes, but is not limited to,
87compliance with appropriate land use, zoning, and building
88codes, but does not include proximity limitations based on the
89type of residents anticipated to be living in the community.
90     (e)(d)  "Resident" means any of the following: a frail
91elder as defined in s. 429.65; a person who has a handicap
92physically disabled or handicapped person as defined in s.
93760.22(7)(a); a developmentally disabled person who has a
94developmental disability as defined in s. 393.063; a
95nondangerous mentally ill person who has a mental illness as
96defined in s. 394.455(18); or a child who is found to be
97dependent as defined in s. 39.01 or s. 984.03, or a child in
98need of services as defined in s. 984.03 or s. 985.03.
99     (f)(e)  "Sponsoring agency" means an agency or unit of
100government, a profit or nonprofit agency, or any other person or
101organization which intends to establish or operate a community
102residential home.
103     (4)  Community residential homes, including homes of six or
104fewer residents which would otherwise meet the definition of a
105community residential home, which are located within a planned
106residential community are not subject to the proximity
107requirements of this section and may be contiguous to each
109     Section 3.  This act shall take effect July 1, 2010.

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

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