Florida Senate - 2010                                    SB 1166
       
       
       
       By Senator Altman
       
       
       
       
       24-00226B-10                                          20101166__
    1                        A bill to be entitled                      
    2         An act relating to community residential homes;
    3         amending s. 393.501, F.S.; prohibiting certain rules
    4         adopted by the Agency for Persons with Disabilities
    5         from restricting the number of facilities designated
    6         as community residential homes located within a
    7         planned residential community; amending s. 419.001,
    8         F.S.; defining the term “planned residential
    9         community”; providing that community residential homes
   10         located within a planned residential community may be
   11         contiguous to one another; providing an effective
   12         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 local
   82  government-approved, planned unit development that is planned
   83  and developed as a whole, is designed to serve the unique needs
   84  of residents who have developmental disabilities, and may
   85  include two or more community residential homes. For the
   86  purposes of this paragraph, local government approval must be
   87  based on criteria that includes, but is not limited to,
   88  compliance with appropriate land use, zoning, and building
   89  codes, but does not include proximity limitations based on the
   90  type of residents anticipated to be living in the community.
   91         (e)(d) “Resident” means any of the following: a frail elder
   92  as defined in s. 429.65; a person who has a handicap physically
   93  disabled or handicapped person as defined in s. 760.22(7)(a); a
   94  developmentally disabled person who has a developmental
   95  disability as defined in s. 393.063; a nondangerous mentally ill
   96  person who has a mental illness as defined in s. 394.455 as
   97  defined in s. 394.455(18); or a child who is found to be
   98  dependent as defined in s. 39.01 or s. 984.03, or a child in
   99  need of services as defined in s. 984.03 or s. 985.03.
  100         (f)(e) “Sponsoring agency” means an agency or unit of
  101  government, a profit or nonprofit agency, or any other person or
  102  organization which intends to establish or operate a community
  103  residential home.
  104         (4) Community residential homes, including homes of six or
  105  fewer residents which would otherwise meet the definition of a
  106  community residential home, which are located within a planned
  107  residential community are not subject to the proximity
  108  requirements of this section and may be contiguous to each
  109  other.
  110         Section 3. This act shall take effect July 1, 2010.


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