65G-2.015. Siting

(1) This rule applies to facilities licensed by the Agency pursuant to Section 393.067, F.S., and this rule chapter. It does not apply to those facilities licensed as foster care facilities which also utilize live-in caregivers.

(2) Definitions.

(a) “Dwelling unit” means a structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.

(b) “Facility” means a home licensed by the Agency as described within Section 393.067, F.S., and this chapter.

(c) “Foster care facility” means a residential facility licensed by the Agency as described within Chapter 393, F.S., which provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of its residents. The capacity of such a facility shall not be more than three residents.

(d) “Live-in caregivers” means those individuals who are responsible for rendering paid services and supports within a residential facility to an individual with a developmental disability and whose primary residence is the same as that of the individual to whom they are rendering the aforementioned services and supports.

(e) “Lot” means a parcel or tract of land described by reference to recorded plats or by metes and bounds, or the least fractional part of subdivided lands having limited fixed boundaries or an assigned number, letter, or any other legal description by which it can be identified.

(f) “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community.

(3) All facilities seeking initial licensure or licensure in a different licensing category after the effective date of this rule must fully comply with the requirements of Section 419.001, F.S., to the extent applicable.

(4) After the effective date of this rule, only one facility may be sited on a single parcel of land. An applicant may seek an exception to this requirement in the following circumstances: If the facilities are located on a single parcel but are each located on a part of the parcel that is separated from the other parts of the parcel by a body of water or a limited access highway (not intended for an individual to cross on foot, or bicycle, by motor vehicle or other means of transport conveyance) that divides the parcel and separates the facilities. Approval by the Agency Director or his/her designee must be obtained prior to licensure under this exception.

(5) After the effective date of this rule, facilities may be sited on no more than two adjacent parcels of land. An applicant may seek an exception to this requirement in the following circumstances: If the parcels are separated by a body of water or a limited access highway (not intended for an individual to cross on foot, or bicycle, by motor vehicle or other means of transport conveyance) that divides the parcels and separates the facilities. Approval by the Agency Director or his/her designee must be obtained prior to licensure under this exception.

(6) Even with the aforementioned exceptions described within subsections (4) and (5) of this rule, there shall be not more than three facilities within a radius of 1,000 feet. In addition, licensure of any facility located within 1,000 feet of another facility can only occur if a variance is first granted by the appropriate local government unit in accordance with the provisions of Section 419.001, F.S.

(7) For purposes of this rule, distance shall be measured along a radius from the center of the actual parcel (where the new proposed facility is to be located) in all directions. The facility seeking initial licensure or a change in an existing license shall be included in the computation of numbers of facilities within a 1,000 foot radius.

(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, F.S. 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 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, and

(b) Documents which verify 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; and

5. The planned residential community provides choices with regard to housing arrangements, support providers, and activities.

Rulemaking Authority 393.501 FS. Law Implemented 393.067, 393.501 FS. History–New 8-1-05, Formerly 65B-6.014, Amended 7-1-14.