Fla. Admin. Code Ann. R. 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.
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