September 30, 2020
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_h0645c1
CS/HB 645

1
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; prohibiting a
11local government from imposing proximity limitations under
12certain circumstances; providing an effective date.
13
14     WHEREAS, individuals who have development disabilities have
15the same rights and freedoms as every other citizen in the
16United States, and
17     WHEREAS, the Developmental Disabilities Assistance and Bill
18of Rights Act of 2000, Pub. L. No. 106-402, found that
19individuals who have developmental disabilities and their
20families are the primary decisionmakers regarding the services
21and supports such individuals and their families receive,
22including choosing where the individuals live, and play
23decisionmaking roles in policies and programs that affect the
24lives of such individuals and their families, and
25     WHEREAS, individuals who have developmental disabilities
26should be able to select a home with the same freedom of choice
27as other United States citizens, and
28     WHEREAS, such selection should have no bearing on
29eligibility for services or supports that an individual may
30otherwise be entitled to receive, NOW, THEREFORE,
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (2) of section 393.501, Florida
35Statutes, is amended to read:
36     393.501  Rulemaking.-
37     (2)  Such rules must shall address the number of facilities
38on a single lot or on adjacent lots, except that there is no
39restriction on the number of facilities designated as community
40residential homes located within a planned residential community
41as those terms are defined in s. 419.001(1). In adopting rules,
42an alternative living center and an independent living education
43center, as described in s. 393.18, are shall be subject to the
44provisions of s. 419.001, except that such centers are shall be
45exempt from the 1,000-foot-radius requirement of s. 419.001(2)
46if:
47     (a)  The centers are located on a site zoned in a manner
48that permits all the components of a comprehensive transitional
49education center to be located on the site; or
50     (b)  There are no more than three such centers within a
51radius of 1,000 feet.
52     Section 2.  Subsection (1) of section 419.001, Florida
53Statutes, is amended, present subsections (4) through (11) of
54that section are redesignated as subsections (5) through (12),
55respectively, and a new subsection (4) is added to that section,
56to read:
57     419.001  Site selection of community residential homes.-
58     (1)  For the purposes of this section, the term following
59definitions shall apply:
60     (a)  "Community residential home" means a dwelling unit
61licensed to serve residents, as defined in paragraph (d), who
62are clients of the Department of Elderly Affairs, the Agency for
63Persons with Disabilities, the Department of Juvenile Justice,
64or the Department of Children and Family Services or a dwelling
65unit licensed by the Agency for Health Care Administration which
66provides a living environment for 7 to 14 unrelated residents
67who operate as the functional equivalent of a family, including
68such supervision and care by supportive staff as may be
69necessary to meet the physical, emotional, and social needs of
70the residents.
71     (b)  "Licensing entity" or "licensing entities" means the
72Department of Elderly Affairs, the Agency for Persons with
73Disabilities, the Department of Juvenile Justice, the Department
74of Children and Family Services, or the Agency for Health Care
75Administration, all of which are authorized to license a
76community residential home to serve residents, as defined in
77paragraph (d).
78     (c)  "Local government" means a county as set forth in
79chapter 7 or a municipality incorporated under the provisions of
80chapter 165.
81     (d)  "Planned residential community" means a planned unit
82development which is under unified control, is planned and
83developed as a whole, has a minimum gross lot area of 10 acres,
84and has amenities that are designed to serve residents with a
85developmental disability as defined in s. 393.063 but which may
86also provide housing options for other individuals. This
87community shall provide choices with regard to housing
88arrangements, support providers, and activities. The residents
89may enjoy unrestricted freedom of movement within and outside of
90the community. For the purposes of this paragraph, local
91government approval must be based on criteria that include, but
92are not limited to, compliance with appropriate land use,
93zoning, and building codes. A planned residential community may
94contain two or more community residential homes that are
95contiguous to one another.
96     (e)(d)  "Resident" means any of the following: a frail
97elder as defined in s. 429.65; a person who has a handicap
98physically disabled or handicapped person as defined in s.
99760.22(7)(a); a developmentally disabled person who has a
100developmental disability as defined in s. 393.063; a
101nondangerous mentally ill person who has a mental illness as
102defined in s. 394.455(18); or a child who is found to be
103dependent as defined in s. 39.01 or s. 984.03, or a child in
104need of services as defined in s. 984.03 or s. 985.03.
105     (f)(e)  "Sponsoring agency" means an agency or unit of
106government, a profit or nonprofit agency, or any other person or
107organization which intends to establish or operate a community
108residential home.
109     (4)  Community residential homes, including homes of six or
110fewer residents which would otherwise meet the definition of a
111community residential home, which are located within a planned
112residential community are not subject to the proximity
113requirements of this section and may be contiguous to each
114other. A planned residential community must comply with the
115applicable local government's land development code and other
116local ordinances. A local government may not impose proximity
117limitations between homes within a planned residential community
118if such limitations are based solely on the types of residents
119anticipated to be living in the community.
120     Section 3.  This act shall take effect July 1, 2010.


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