Bill Text: FL S1364 | 2015 | Regular Session | Introduced


Bill Title: Residential Facilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-05-01 - Died in Children, Families, and Elder Affairs [S1364 Detail]

Download: Florida-2015-S1364-Introduced.html
       Florida Senate - 2015                                    SB 1364
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00617-15                                           20151364__
    1                        A bill to be entitled                      
    2         An act relating to residential facilities; amending s.
    3         419.001, F.S.; prohibiting the colocation of a home of
    4         six or fewer residents which otherwise meets the
    5         definition of a community residential home and a
    6         community residential home within a certain distance;
    7         requiring the measuring of certain distances between
    8         community residential homes; amending s. 429.075,
    9         F.S.; requiring the adoption, use, and maintenance of
   10         certain security measures and practices by assisted
   11         living facilities in municipalities having a
   12         population greater than 300,000; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) and paragraph (c) of subsection
   18  (3) of section 419.001, Florida Statutes, are amended to read:
   19         419.001 Site selection of community residential homes.—
   20         (2) Homes with of six or fewer residents which otherwise
   21  meet the definition of a community residential home are shall be
   22  deemed a single-family unit and a noncommercial, residential use
   23  for the purpose of local laws and ordinances. Homes with of six
   24  or fewer residents which otherwise meet the definition of a
   25  community residential home must shall be allowed in single
   26  family or multifamily zoning without approval by the local
   27  government, provided that such homes may shall not be located
   28  within a radius of 1,000 feet of another existing such home with
   29  six or fewer residents. Such homes with six or fewer residents
   30  may not be located within a radius of 1,200 feet of a community
   31  residential home. Such homes with six or fewer residents may
   32  shall not be required to comply with the notification provisions
   33  of this section; provided that, prior to licensure, the
   34  sponsoring agency provides the local government with the most
   35  recently published data compiled from the licensing entities
   36  that identifies all community residential homes and all such
   37  homes with six or fewer residents within the jurisdictional
   38  limits of the local government in which the proposed site is to
   39  be located in order to show that no other community residential
   40  home is within a radius of 1,200 feet of the proposed home with
   41  six or fewer residents and that no other such home with six or
   42  fewer residents is within a radius of 1,000 feet of the proposed
   43  home with six or fewer residents. At the time of home occupancy,
   44  the sponsoring agency must notify the local government that the
   45  home is licensed by the licensing entity.
   46         (3)
   47         (c) The local government may shall not deny the siting of a
   48  community residential home unless the local government
   49  establishes that the siting of the home at the site selected:
   50         1. Does not otherwise conform to existing zoning
   51  regulations applicable to other multifamily uses in the area.
   52         2. Does not meet applicable licensing criteria established
   53  and determined by the licensing entity, including requirements
   54  that the home be located to assure the safe care and supervision
   55  of all clients in the home.
   56         3. Would result in such a concentration of community
   57  residential homes in the area in proximity to the site selected,
   58  or would result in a combination of such homes with other
   59  residences in the community, such that the nature and character
   60  of the area would be substantially altered. A home that is
   61  located within a radius of 1,200 feet of another existing
   62  community residential home in a multifamily zone is deemed to
   63  shall be an overconcentration of such homes that substantially
   64  alters the nature and character of the area. A community
   65  residential home may not be located within a radius of 1,200
   66  feet of a home of six or fewer residents which otherwise meets
   67  the definition of a community residential home. Distances must
   68  be measured between all community residential homes that are
   69  less than 1,200 feet apart if they serve residents who are
   70  clients of one or more of the agencies and offices described in
   71  paragraph (1)(a). A home that is located within a radius of 500
   72  feet of an area of single-family zoning substantially alters the
   73  nature and character of the area.
   74         Section 2. Subsection (2) of section 429.075, Florida
   75  Statutes, is amended to read:
   76         429.075 Limited mental health license.—An assisted living
   77  facility that serves three or more mental health residents must
   78  obtain a limited mental health license.
   79         (2) A facility that is Facilities licensed to provide
   80  services to mental health residents shall provide appropriate
   81  supervision and staffing to provide for the health, safety, and
   82  welfare of such residents. A facility housing mental health
   83  residents as defined in s. 429.02(15) which is located in an
   84  area zoned for residential use in a municipality having a
   85  population greater than 300,000 shall also do the following:
   86         (a)Maintain on the premises of the facility 24-hour
   87  security services provided by uniformed security personnel,
   88  licensed under part III of chapter 493, or surveillance cameras
   89  sufficient to ensure the safety of its residents and the
   90  community at large. The cameras must be operational and in use
   91  24 hours a day and cover the entire exterior of the facility as
   92  well as all ingress and egress points. Camera videos must be
   93  saved for up to 30 days.
   94         (b)Notify the municipality within 20 days after accepting
   95  a resident who has been discharged from the criminal justice
   96  system following a felony conviction within the past 5 years.
   97         (c) Maintain a log of residents who have been discharged
   98  from the criminal justice system following a felony conviction
   99  within the past 5 years. The log must contain the name of the
  100  transferring department and the previous address for each such
  101  resident. The facility or home shall require residents to sign
  102  the log each time they enter or exit the premises. The facility
  103  shall send a copy of the log to the chief administrative officer
  104  of the municipality in which the facility is located on a
  105  quarterly basis and shall keep the log current, maintain it in
  106  an accessible area on the premises, and allow its inspection or
  107  copying within 45 days of a request by the municipality.
  108         Section 3. This act shall take effect July 1, 2015.

feedback