Bill > S1238

Introduced Session

An act relating to residential living arrangements; amending s. 419.001, F.S.; defining terms; deleting definitions and provisions related to community residential living arrangements; creating s. 419.003, F.S.; providing that a community residence is a residential use of property; providing the purpose and duties of a community residence; requiring that the residents of a community residence receive care by supportive staff as may be necessary; providing that residents may be self-governing or supervised by a certain sponsoring entity; providing that a community residence constitutes a family for certain purposes and is not subject to certain provisions if certain conditions are met; providing that certain community residences may not be included when determining spacing distance requirements; requiring that a community residence be licensed or certified, or operate pursuant to a charter from an entity recognized or sanctioned by Congress; authorizing a local government to revoke or nullify the siting approval of a community residence under certain circumstances; prohibiting a sponsoring entity whose license, certification, or charter, or application for such license, certification, or charter, has been revoked or denied from operating a community residence; providing for the nullification of zoning approval under certain circumstances; authorizing the sponsoring entity of a community residence to appeal the revocation or denial of its license, certification, or charter; requiring that zoning approval granted to a sponsoring entity be stayed pending the outcome of such appeal; requiring a sponsoring entity of a community residence to notify the designated local government official of the revocation or denial of its license, certification, or charter within a specified timeframe; requiring a sponsoring entity to cease operations within a specified timeframe after receiving notice of the denial or revocation of its license, certification, or charter; authorizing a local government to require operations to cease immediately under certain circumstances; requiring a sponsoring entity to coordinate the reunion of residents with their families or relocation to a safe and secure living environment; requiring that enforcement of the denial or revocation of a license, certificate, or charter be stayed pending the outcome of an appeal; providing an exception; providing spacing distance requirements for the siting of a community residence; providing that certain community residences may not be included in spacing distance calculations; specifying requirements for the calculation of spacing distance for each street and alley; creating s. 419.005, F.S.; providing that a family community residence or transitional community residence constitutes a residential use allowed in specified zoning districts if certain requirements are met; specifying such requirements; providing that a community residence is considered a residential use of property for purposes of local government and land use zoning codes when in compliance with specified provisions; specifying that the provisions of the act do not affect the legal nonconforming use status of certain community residences or the authority of certain community residences established before a specified date to continue to operate, under certain circumstances; providing construction; providing that spacing distances may not exceed certain specifications; authorizing a local government to require a sponsoring entity to immediately cease operations under certain circumstances; creating s. 419.007, F.S.; providing that a proposed community residence may receive a reasonable accommodation if the sponsoring entity demonstrates that specified requirements are met; providing primary factors to consider when determining compliance with certain provisions; requiring a local government to authorize a reasonable accommodation for certain proposed community residences if specified requirements are met; requiring a local government to authorize a reasonable accommodation for a community residence intended to house more than 12 unrelated people if specified requirements are met; requiring a local government to authorize a reasonable accommodation for transitional community residences if specified requirements are met; creating s. 419.009, F.S.; requiring that a recovery community be licensed or certified by a licensing or certifying entity; authorizing a local government to revoke siting approval for a recovery community under certain circumstances; prohibiting a sponsoring entity for a recovery community whose license or certification has been denied or revoked from operating in this state; providing for the nullification of certain zoning approval; requiring that zoning approval be stayed pending the outcome of a sponsoring entity’s appeal of the revocation or denial of its licensure or certification; requiring a sponsoring entity to notify the designated local government official or other applicable entity within a specified timeframe that its license or certification has been revoked or denied; requiring a sponsoring entity to cease operations within a specified timeframe after such notice; authorizing a local government to require a sponsoring entity to immediately cease operations under certain circumstances; requiring the sponsoring entity to coordinate the reunion or relocation of residents; requiring that the enforcement of the revocation or denial of a license be stayed pending the outcome of an appeal; providing an exception; provided that a recovery community constitutes a residential use allowed as of right if certain requirements are met; providing that the provisions of this act do not affect the legal nonconforming use status or the authority of an recovery community to operate; providing construction; authorizing a local government to require a sponsoring entity of a recovery community to immediately cease operations if continued operation poses an immediate and significant threat to the health and safety of the residents or the community; creating s. 419.013, F.S.; requiring that a recovery community in specified locations be allowed a reasonable accommodation if certain requirements are met; specifying factors that must be considered to determine compliance with certain provisions; providing that a proposed recovery community in combination with any existing community residence, recovery community, or congregate living facility may not alter the residential character of the surrounding neighborhood; creating s. 419.015, F.S.; requiring a local government to respond in writing within a specified timeframe to requests regarding whether a proposed community residence or recovery residence is within a certain spacing distance from certain other residences; requiring that such response include certain information; requiring a local government to provide the sponsoring entity of a proposed community residence or recovery residence with certain information within a specified timeframe if such residences meet certain criteria; amending ss. 393.501, 400.464, 400.9972, 429.11, 429.67, and 1003.57, F.S.; conforming provisions to changes made by the act; providing an effective date.

AI Summary

Gayle Harrell (R)*, 

Introduced (on 01/13/2026)

Official Document