September 30, 2020
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_h0645c2
CS/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 terms "planned
8residential community" and "sober house transitional
9living home"; providing that community residential homes
10located within a planned residential community may be
11contiguous to one another; prohibiting a local government
12from imposing proximity limitations under certain
13circumstances; providing an effective date.
14
15     WHEREAS, individuals who have development disabilities have
16the same rights and freedoms as every other citizen in the
17United States, and
18     WHEREAS, the Developmental Disabilities Assistance and Bill
19of Rights Act of 2000, Pub. L. No. 106-402, found that
20individuals who have developmental disabilities and their
21families are the primary decisionmakers regarding the services
22and supports such individuals and their families receive,
23including choosing where the individuals live, and play
24decisionmaking roles in policies and programs that affect the
25lives of such individuals and their families, and
26     WHEREAS, individuals who have developmental disabilities
27should be able to select a home with the same freedom of choice
28as other United States citizens, and
29     WHEREAS, such selection should have no bearing on
30eligibility for services or supports that an individual may
31otherwise be entitled to receive, NOW, THEREFORE,
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (2) of section 393.501, Florida
36Statutes, is amended to read:
37     393.501  Rulemaking.-
38     (2)  Such rules must shall address the number of facilities
39on a single lot or on adjacent lots, except that there is no
40restriction on the number of facilities designated as community
41residential homes located within a planned residential community
42as those terms are defined in s. 419.001(1). In adopting rules,
43an alternative living center and an independent living education
44center, as described in s. 393.18, are shall be subject to the
45provisions of s. 419.001, except that such centers are shall be
46exempt from the 1,000-foot-radius requirement of s. 419.001(2)
47if:
48     (a)  The centers are located on a site zoned in a manner
49that permits all the components of a comprehensive transitional
50education center to be located on the site; or
51     (b)  There are no more than three such centers within a
52radius of 1,000 feet.
53     Section 2.  Subsection (1) of section 419.001, Florida
54Statutes, is amended, present subsections (4) through (11) of
55that section are redesignated as subsections (5) through (12),
56respectively, and a new subsection (4) is added to that section,
57to read:
58     419.001  Site selection of community residential homes.-
59     (1)  For the purposes of this section, the term following
60definitions shall apply:
61     (a)  "Community residential home" means a dwelling unit
62licensed to serve residents, as defined in paragraph (d), who
63are clients of the Department of Elderly Affairs, the Agency for
64Persons with Disabilities, the Department of Juvenile Justice,
65or the Department of Children and Family Services; or a dwelling
66unit licensed by the Agency for Health Care Administration which
67provides a living environment for 7 to 14 unrelated residents
68who operate as the functional equivalent of a family, including
69such supervision and care by supportive staff as may be
70necessary to meet the physical, emotional, and social needs of
71the residents; or a dwelling unit that operates as a sober house
72transitional living home that is established July 1, 2010, or
73thereafter.
74     (b)  "Licensing entity" or "licensing entities" means the
75Department of Elderly Affairs, the Agency for Persons with
76Disabilities, the Department of Juvenile Justice, the Department
77of Children and Family Services, or the Agency for Health Care
78Administration, all of which are authorized to license a
79community residential home to serve residents, as defined in
80paragraph (d).
81     (c)  "Local government" means a county as set forth in
82chapter 7 or a municipality incorporated under the provisions of
83chapter 165.
84     (d)  "Planned residential community" means a planned unit
85development which is approved by the local government, is under
86unified control, is planned and developed as a whole, has a
87minimum gross lot area of 8 acres, and has amenities that are
88designed to serve residents with a developmental disability as
89defined in s. 393.063 but which may also provide housing options
90for other individuals. This community shall provide choices with
91regard to housing arrangements, support providers, and
92activities. The residents may enjoy unrestricted freedom of
93movement within and outside of the community. For the purposes
94of this paragraph, local government approval must be based on
95criteria that include, but are not limited to, compliance with
96appropriate land use, zoning, and building codes. A planned
97residential community may contain two or more community
98residential homes that are contiguous to one another.
99     (e)(d)  "Resident" means any of the following: a frail
100elder as defined in s. 429.65; a person who has a handicap
101physically disabled or handicapped person as defined in s.
102760.22(7)(a); a developmentally disabled person who has a
103developmental disability as defined in s. 393.063; a
104nondangerous mentally ill person who has a mental illness as
105defined in s. 394.455(18); or a child who is found to be
106dependent as defined in s. 39.01 or s. 984.03, or a child in
107need of services as defined in s. 984.03 or s. 985.03.
108     (f)  "Sober house transitional living home" means a
109community residential home that provides a peer supported and
110managed alcohol-free and drug-free living environment for no
111more than six unrelated residents who are recovering from
112substance abuse and are actively participating in licensed
113substance abuse treatment or nonlicensed peer support services
114or are transitioning back into the community from residential
115treatment programs or incarceration. A sober house transitional
116living home shall be supervised by a house manager who ensures
117that the sober living environment offers structure and strong
118peer support. Residents shall pay weekly or monthly rent and
119other living expenses associated with operation of the
120transitional living home while working, attending treatment, or
121attending school during the day and engaging in recovery
122activities in the evenings.
123     (g)(e)  "Sponsoring agency" means an agency or unit of
124government, a profit or nonprofit agency, or any other person or
125organization which intends to establish or operate a community
126residential home.
127     (4)  Community residential homes, including homes of six or
128fewer residents which would otherwise meet the definition of a
129community residential home, which are located within a planned
130residential community are not subject to the proximity
131requirements of this section and may be contiguous to each
132other. A planned residential community must comply with the
133applicable local government's land development code and other
134local ordinances. A local government may not impose proximity
135limitations between homes within a planned residential community
136if such limitations are based solely on the types of residents
137anticipated to be living in the community.
138     Section 3.  This act shall take effect July 1, 2010.


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