Bill Text: FL S1166 | 2010 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community Residential Homes [EPSC]

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-193 [S1166 Detail]

Download: Florida-2010-S1166-Engrossed.html

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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.