ENROLLED
       2016 Legislature                                  CS for SB 1174
       
       
       
       
       
       
                                                             20161174er
    1  
    2         An act relating to residential facilities; amending s.
    3         419.001, F.S.; specifying applicability of siting
    4         requirements for community residential homes;
    5         providing applicability with respect to local land use
    6         and zoning; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (2) of section 419.001, Florida
   11  Statutes, is amended to read:
   12         419.001 Site selection of community residential homes.—
   13         (2) Homes of six or fewer residents which otherwise meet
   14  the definition of a community residential home shall be deemed a
   15  single-family unit and a noncommercial, residential use for the
   16  purpose of local laws and ordinances. Homes of six or fewer
   17  residents which otherwise meet the definition of a community
   18  residential home shall be allowed in single-family or
   19  multifamily zoning without approval by the local government,
   20  provided that such homes are shall not be located within a
   21  radius of 1,000 feet of another existing such home with six or
   22  fewer residents or within a radius of 1,200 feet of another
   23  existing community residential home. Such homes with six or
   24  fewer residents are shall not be required to comply with the
   25  notification provisions of this section; provided that, before
   26  prior to licensure, the sponsoring agency provides the local
   27  government with the most recently published data compiled from
   28  the licensing entities that identifies all community residential
   29  homes within the jurisdictional limits of the local government
   30  in which the proposed site is to be located in order to show
   31  that there is not a home of six or fewer residents which
   32  otherwise meets the definition of a no other community
   33  residential home is within a radius of 1,000 feet and not a
   34  community residential home within a radius of 1,200 feet of the
   35  proposed home with six or fewer residents. At the time of home
   36  occupancy, the sponsoring agency must notify the local
   37  government that the home is licensed by the licensing entity.
   38  For purposes of local land use and zoning determinations, this
   39  subsection does not affect the legal nonconforming use status of
   40  any community residential home lawfully permitted and operating
   41  as of July 1, 2016.
   42         Section 2. This act shall take effect July 1, 2016.