SB 1166                                          First Engrossed
       
       
       
       
       
       
       
       
       20101166e1
       
    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. 393.18,
    8         F.S.; authorizing the agency to issue a license as a
    9         comprehensive transitional education program to serve
   10         children who have severe behavioral conditions;
   11         amending s. 419.001, F.S.; defining the term “planned
   12         residential community”; providing that community
   13         residential homes located within a planned residential
   14         community may be contiguous to one another; providing
   15         an effective date.
   16  
   17         WHEREAS, individuals who have development disabilities have
   18  the same rights and freedoms as every other citizen in the
   19  United States, and
   20         WHEREAS, the Developmental Disabilities Assistance and Bill
   21  of Rights Act of 2000, Pub. L. No. 106-402, found that
   22  individuals who have developmental disabilities and their
   23  families are the primary decisionmakers regarding the services
   24  and supports such individuals and their families receive,
   25  including choosing where the individuals live, and play
   26  decisionmaking roles in policies and programs that affect the
   27  lives of such individuals and their families, and
   28         WHEREAS, individuals who have developmental disabilities
   29  should be able to select a home with the same freedom of choice
   30  as other United States citizens, and
   31         WHEREAS, such selection should have no bearing on
   32  eligibility for services or supports that an individual may
   33  otherwise be entitled to receive, NOW, THEREFORE,
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (2) of section 393.501, Florida
   38  Statutes, is amended to read:
   39         393.501 Rulemaking.—
   40         (2) Such rules must shall address the number of facilities
   41  on a single lot or on adjacent lots, except that there is no
   42  restriction on the number of facilities designated as community
   43  residential homes located within a planned residential community
   44  as those terms are defined in s. 419.001(1). In adopting rules,
   45  an alternative living center and an independent living education
   46  center, as described in s. 393.18, are shall be subject to the
   47  provisions of s. 419.001, except that such centers are shall be
   48  exempt from the 1,000-foot-radius requirement of s. 419.001(2)
   49  if:
   50         (a) The centers are located on a site zoned in a manner
   51  that permits all the components of a comprehensive transitional
   52  education center to be located on the site; or
   53         (b) There are no more than three such centers within a
   54  radius of 1,000 feet.
   55         Section 2. Subsection (5) of section 393.18, Florida
   56  Statutes, is amended, and subsection (6) is added to that
   57  section, to read:
   58         393.18 Comprehensive transitional education program.—A
   59  comprehensive transitional education program is a group of
   60  jointly operating centers or units, the collective purpose of
   61  which is to provide a sequential series of educational care,
   62  training, treatment, habilitation, and rehabilitation services
   63  to persons who have developmental disabilities and who have
   64  severe or moderate maladaptive behaviors. However, this section
   65  does not require such programs to provide services only to
   66  persons with developmental disabilities. All such services shall
   67  be temporary in nature and delivered in a structured residential
   68  setting, having the primary goal of incorporating the principle
   69  of self-determination in establishing permanent residence for
   70  persons with maladaptive behaviors in facilities that are not
   71  associated with the comprehensive transitional education
   72  program. The staff shall include behavior analysts and teachers,
   73  as appropriate, who shall be available to provide services in
   74  each component center or unit of the program. A behavior analyst
   75  must be certified pursuant to s. 393.17.
   76         (5) This section shall authorize Licensure is authorized
   77  for comprehensive transitional education programs which by July
   78  1, 1989:
   79         (a) Were in actual operation; or
   80         (b) Owned a fee simple interest in real property for which
   81  a county or city government has approved zoning allowing for the
   82  placement of the facilities described in this subsection, and
   83  have registered an intent with the agency to operate a
   84  comprehensive transitional education program. However, nothing
   85  prohibits shall prohibit the assignment by such a registrant to
   86  another entity at a different site within the state, if so long
   87  as there is compliance with the all criteria of this program and
   88  local zoning requirements and provided that each residential
   89  facility within the component centers or units of the program
   90  authorized under this paragraph does not exceed a capacity of 15
   91  persons.
   92         (6) Notwithstanding subsection (5), in order to maximize
   93  federal revenues and provide for children needing special
   94  behavioral services, the agency may authorize the licensure of a
   95  facility that:
   96         (a) Provides residential services for children who have
   97  developmental disabilities along with significant behavioral
   98  problems; and
   99         (b) As of July 1, 2010, serve children who were served by
  100  the child welfare system and who have an open case in the
  101  automated child welfare system of the Department of Children and
  102  Family Services.
  103  
  104  The facility must be in compliance with all program criteria and
  105  local zoning requirements and may not exceed a capacity of 15
  106  children.
  107         Section 3. Subsection (1) of section 419.001, Florida
  108  Statutes, is amended, present subsections (4) through (11) of
  109  that section are redesignated as subsections (5) through (12),
  110  respectively, and a new subsection (4) is added to that section,
  111  to read:
  112         419.001 Site selection of community residential homes.—
  113         (1) For the purposes of this section, the term following
  114  definitions shall apply:
  115         (a) “Community residential home” means a dwelling unit
  116  licensed to serve residents, as defined in paragraph (d), who
  117  are clients of the Department of Elderly Affairs, the Agency for
  118  Persons with Disabilities, the Department of Juvenile Justice,
  119  or the Department of Children and Family Services or a dwelling
  120  unit licensed by the Agency for Health Care Administration which
  121  provides a living environment for 7 to 14 unrelated residents
  122  who operate as the functional equivalent of a family, including
  123  such supervision and care by supportive staff as may be
  124  necessary to meet the physical, emotional, and social needs of
  125  the residents.
  126         (b) “Licensing entity” or “licensing entities” means the
  127  Department of Elderly Affairs, the Agency for Persons with
  128  Disabilities, the Department of Juvenile Justice, the Department
  129  of Children and Family Services, or the Agency for Health Care
  130  Administration, all of which are authorized to license a
  131  community residential home to serve residents, as defined in
  132  paragraph (d).
  133         (c) “Local government” means a county as set forth in
  134  chapter 7 or a municipality incorporated under the provisions of
  135  chapter 165.
  136         (d) “Planned residential community” means a local
  137  government-approved, planned unit development that is under
  138  unified control, is planned and developed as a whole, has a
  139  minimum gross lot area of 8 acres, and has amenities that are
  140  designed to serve residents with a developmental disability as
  141  defined in s. 393.063 but that may also provide housing options
  142  for other individuals. The community shall provide choices with
  143  regard to housing arrangements, support providers, and
  144  activities. The residents’ freedom of movement within and
  145  outside the community may not be restricted. For the purposes of
  146  this paragraph, local government approval must be based on
  147  criteria that include, but are not limited to, compliance with
  148  appropriate land use, zoning, and building codes. A planned
  149  residential community may contain two or more community
  150  residential homes that are contiguous to one another.
  151         (e)(d) “Resident” means any of the following: a frail elder
  152  as defined in s. 429.65; a person who has a handicap physically
  153  disabled or handicapped person as defined in s. 760.22(7)(a); a
  154  developmentally disabled person who has a developmental
  155  disability as defined in s. 393.063; a nondangerous mentally ill
  156  person who has a mental illness as defined in s. 394.455(18); or
  157  a child who is found to be dependent as defined in s. 39.01 or
  158  s. 984.03, or a child in need of services as defined in s.
  159  984.03 or s. 985.03.
  160         (f)(e) “Sponsoring agency” means an agency or unit of
  161  government, a profit or nonprofit agency, or any other person or
  162  organization which intends to establish or operate a community
  163  residential home.
  164         (4) Community residential homes, including homes of six or
  165  fewer residents which would otherwise meet the definition of a
  166  community residential home, which are located within a planned
  167  residential community are not subject to the proximity
  168  requirements of this section and may be contiguous to each
  169  other. A planned residential community must comply with the
  170  applicable local government’s land development code and other
  171  local ordinances. A local government may not impose proximity
  172  limitations between homes within a planned residential community
  173  if such limitations are based solely on the types of residents
  174  anticipated to be living in the community.
  175         Section 4. This act shall take effect July 1, 2010.


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