65G-2.015: Siting
PURPOSE AND EFFECT: The purpose of the rule development is to solicit public input for the implementation of Laws of Florida Chapter 2010-193. These rule changes address the siting requirements of facilities that are licensed by the Agency for Persons with Disabilities and are also a community residential home within a planned residential community.
SUBJECT AREA TO BE ADDRESSED: Siting of Licensed Facilities Within a Planned Residential Community.
SPECIFIC AUTHORITY: 393.067, 393.501(2) FS.
LAW IMPLEMENTED: 393.067, 393.501(2) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 6, 2011, 1:30 p.m. 3:30 p.m. EST
PLACE: Agency for Persons with Disabilities, 4030 Esplanade Way, Room 301, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Danielle Scoggins, Agency for Persons with Disabilities, 4030 Esplanade Way, Tallahassee, Florida 32399-0950, (850)414-5853, danielle_scoggins@apd.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Danielle Scoggins, Agency for Persons with Disabilities, 4030 Esplanade Way, Tallahassee, Florida 32399-0950, (850)414-5853, danielle_scoggins@apd.state.fl.us
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
65G-2.015 Siting.
(1) through (7) No change.
(8) The requirements of subsections (4), (5), and (6) of this rule do not apply to a community residential home located within a planned residential community as those terms are defined in Section 419.001, Florida Statutes. A facility has the burden of establishing that it is a community residential home within a planned residential community. To satisfy this burden, a facility must provide, at a minimum, the following documents with its initial license application and each subsequent license renewal application:
(a) A copy of all local ordinances approving the planned residential community as a planned unit development.
(b) A statement by the applicant, under oath, stating that:
1. The facility is a community residential home located within a planned residential community,
2. The planned residential community is under unified control,
3. the planned residential community was planned and developed as a whole,
4. The planned residential community has a gross lot area of 8 acres or more,
5. The planned residential community provides choices with regard to housing arrangements, support providers, and activities,
Rulemaking Specific Authority 393.067, 393.501(2) FS. Law Implemented 393.063, 393.066, 393.067, 393.501 FS. HistoryNew 8-1-05, Formerly 65B-6.014, Amended________.
