October 16, 2019
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       SB 1166                                         Second Engrossed
       
       
       
       
       
       
       
       
       20101166e2
       
    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 a planned
   13         residential community may not be located within a
   14         certain distance from another planned residential
   15         community; providing that community residential homes
   16         located within a planned residential community may be
   17         contiguous to one another; providing an effective
   18         date.
   19  
   20         WHEREAS, individuals who have development disabilities have
   21  the same rights and freedoms as every other citizen in the
   22  United States, and
   23         WHEREAS, the Developmental Disabilities Assistance and Bill
   24  of Rights Act of 2000, Pub. L. No. 106-402, found that
   25  individuals who have developmental disabilities and their
   26  families are the primary decisionmakers regarding the services
   27  and supports such individuals and their families receive,
   28  including choosing where the individuals live, and play
   29  decisionmaking roles in policies and programs that affect the
   30  lives of such individuals and their families, and
   31         WHEREAS, individuals who have developmental disabilities
   32  should be able to select a home with the same freedom of choice
   33  as other United States citizens, and
   34         WHEREAS, such selection should have no bearing on
   35  eligibility for services or supports that an individual may
   36  otherwise be entitled to receive, NOW, THEREFORE,
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (2) of section 393.501, Florida
   41  Statutes, is amended to read:
   42         393.501 Rulemaking.—
   43         (2) Such rules must shall address the number of facilities
   44  on a single lot or on adjacent lots, except that there is no
   45  restriction on the number of facilities designated as community
   46  residential homes located within a planned residential community
   47  as those terms are defined in s. 419.001(1). In adopting rules,
   48  an alternative living center and an independent living education
   49  center, as described in s. 393.18, are shall be subject to the
   50  provisions of s. 419.001, except that such centers are shall be
   51  exempt from the 1,000-foot-radius requirement of s. 419.001(2)
   52  if:
   53         (a) The centers are located on a site zoned in a manner
   54  that permits all the components of a comprehensive transitional
   55  education center to be located on the site; or
   56         (b) There are no more than three such centers within a
   57  radius of 1,000 feet.
   58         Section 2. Subsection (5) of section 393.18, Florida
   59  Statutes, is amended, and subsection (6) is added to that
   60  section, to read:
   61         393.18 Comprehensive transitional education program.—A
   62  comprehensive transitional education program is a group of
   63  jointly operating centers or units, the collective purpose of
   64  which is to provide a sequential series of educational care,
   65  training, treatment, habilitation, and rehabilitation services
   66  to persons who have developmental disabilities and who have
   67  severe or moderate maladaptive behaviors. However, this section
   68  does not require such programs to provide services only to
   69  persons with developmental disabilities. All such services shall
   70  be temporary in nature and delivered in a structured residential
   71  setting, having the primary goal of incorporating the principle
   72  of self-determination in establishing permanent residence for
   73  persons with maladaptive behaviors in facilities that are not
   74  associated with the comprehensive transitional education
   75  program. The staff shall include behavior analysts and teachers,
   76  as appropriate, who shall be available to provide services in
   77  each component center or unit of the program. A behavior analyst
   78  must be certified pursuant to s. 393.17.
   79         (5) This section shall authorize Licensure is authorized
   80  for comprehensive transitional education programs which by July
   81  1, 1989:
   82         (a) Were in actual operation; or
   83         (b) Owned a fee simple interest in real property for which
   84  a county or city government has approved zoning allowing for the
   85  placement of the facilities described in this subsection, and
   86  have registered an intent with the agency to operate a
   87  comprehensive transitional education program. However, nothing
   88  prohibits shall prohibit the assignment by such a registrant to
   89  another entity at a different site within the state, if so long
   90  as there is compliance with the all criteria of this program and
   91  local zoning requirements and provided that each residential
   92  facility within the component centers or units of the program
   93  authorized under this paragraph does not exceed a capacity of 15
   94  persons.
   95         (6) Notwithstanding subsection (5), in order to maximize
   96  federal revenues and provide for children needing special
   97  behavioral services, the agency may authorize the licensure of a
   98  facility that:
   99         (a) Provides residential services for children who have
  100  developmental disabilities along with intensive behavioral
  101  problems as defined by the agency; and
  102         (b) As of July 1, 2010, serve children who were served by
  103  the child welfare system and who have an open case in the
  104  automated child welfare system of the Department of Children and
  105  Family Services.
  106  
  107  The facility must be in compliance with all program criteria and
  108  local zoning requirements and may not exceed a capacity of 15
  109  children.
  110         Section 3. Subsection (1) of section 419.001, Florida
  111  Statutes, is amended, present subsections (4) through (11) of
  112  that section are redesignated as subsections (5) through (12),
  113  respectively, and a new subsection (4) is added to that section,
  114  to read:
  115         419.001 Site selection of community residential homes.—
  116         (1) For the purposes of this section, the term following
  117  definitions shall apply:
  118         (a) “Community residential home” means a dwelling unit
  119  licensed to serve residents, as defined in paragraph (d), who
  120  are clients of the Department of Elderly Affairs, the Agency for
  121  Persons with Disabilities, the Department of Juvenile Justice,
  122  or the Department of Children and Family Services or a dwelling
  123  unit licensed by the Agency for Health Care Administration which
  124  provides a living environment for 7 to 14 unrelated residents
  125  who operate as the functional equivalent of a family, including
  126  such supervision and care by supportive staff as may be
  127  necessary to meet the physical, emotional, and social needs of
  128  the residents.
  129         (b) “Licensing entity” or “licensing entities” means the
  130  Department of Elderly Affairs, the Agency for Persons with
  131  Disabilities, the Department of Juvenile Justice, the Department
  132  of Children and Family Services, or the Agency for Health Care
  133  Administration, all of which are authorized to license a
  134  community residential home to serve residents, as defined in
  135  paragraph (d).
  136         (c) “Local government” means a county as set forth in
  137  chapter 7 or a municipality incorporated under the provisions of
  138  chapter 165.
  139         (d) “Planned residential community” means a local
  140  government-approved, planned unit development that is under
  141  unified control, is planned and developed as a whole, has a
  142  minimum gross lot area of 8 acres, and has amenities that are
  143  designed to serve residents with a developmental disability as
  144  defined in s. 393.063 but that shall also provide housing
  145  options for other individuals. The community shall provide
  146  choices with regard to housing arrangements, support providers,
  147  and activities. The residents’ freedom of movement within and
  148  outside the community may not be restricted. For the purposes of
  149  this paragraph, local government approval must be based on
  150  criteria that include, but are not limited to, compliance with
  151  appropriate land use, zoning, and building codes. A planned
  152  residential community may contain two or more community
  153  residential homes that are contiguous to one another. A planned
  154  residential community may not be located within a 10-mile radius
  155  of any other planned residential community.
  156         (e)(d) “Resident” means any of the following: a frail elder
  157  as defined in s. 429.65; a person who has a handicap physically
  158  disabled or handicapped person as defined in s. 760.22(7)(a); a
  159  developmentally disabled person who has a developmental
  160  disability as defined in s. 393.063; a nondangerous mentally ill
  161  person who has a mental illness as defined in s. 394.455(18); or
  162  a child who is found to be dependent as defined in s. 39.01 or
  163  s. 984.03, or a child in need of services as defined in s.
  164  984.03 or s. 985.03.
  165         (f)(e) “Sponsoring agency” means an agency or unit of
  166  government, a profit or nonprofit agency, or any other person or
  167  organization which intends to establish or operate a community
  168  residential home.
  169         (4) Community residential homes, including homes of six or
  170  fewer residents which would otherwise meet the definition of a
  171  community residential home, which are located within a planned
  172  residential community are not subject to the proximity
  173  requirements of this section and may be contiguous to each
  174  other. A planned residential community must comply with the
  175  applicable local government’s land development code and other
  176  local ordinances. A local government may not impose proximity
  177  limitations between homes within a planned residential community
  178  if such limitations are based solely on the types of residents
  179  anticipated to be living in the community.
  180         Section 4. This act shall take effect July 1, 2010.

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