Residential Living Arrangements

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A bill to be entitled 1
An act relating to residential living arrangements; 2
amending s. 419.001, F.S.; defining terms; deleting 3
definitions and provisions related to community 4
residential living arrangements; creating s. 419.003, 5
F.S.; providing that a community residence is a 6
residential use of property; providing the purpose and 7
duties of a community residence; requiring that the 8
residents of a community residence receive care by 9
supportive staff as may be necessary; providing that 10
residents may be self-governing or supervised by a 11
certain sponsoring entity; providing that a community 12
residence constitutes a family for certain purposes 13
and is not subject to certain provisions if certain 14
conditions are met; providing that certain community 15
residences may not be included when determining 16
spacing distance requirements; requiring that a 17
community residence be licensed or certified, or 18
operate pursuant to a charter from an entity 19
recognized or sanctioned by Congress; authorizing a 20
local government to revoke or nullify the siting 21
approval of a community residence under certain 22
circumstances; prohibiting a sponsoring entity whose 23
license, certification, or charter, or application for 24
such license, certification, or charter, has been 25

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revoked or denied from operating a community 26
residence; providing for the nullification of zoning 27
approval under certain circumstances; authorizing the 28
sponsoring entity of a community residence to appeal 29
the revocation or denial of its license, 30
certification, or charter; requiring that zoning 31
approval granted to a sponsoring entity be stayed 32
pending the outcome of such appeal; requiring a 33
sponsoring entity of a community residence to notify 34
the designated local government official of the 35
revocation or denial of its license, certification, or 36
charter within a specified timeframe; requiring a 37
sponsoring entity to cease operations within a 38
specified timeframe after receiving notice of the 39
denial or revocation of its license, certification, or 40
charter; authorizing a local government to require 41
operations to cease immediately under certain 42
circumstances; requiring a sponsoring entity to 43
coordinate the reunion of residents with their 44
families or relocation to a safe and secure living 45
environment; requiring that enforcement of the denial 46
or revocation of a license, certificate, or charter be 47
stayed pending the outcome of an appeal; providing an 48
exception; providing spacing distance requirements for 49
the siting of a community residence; providing that 50

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certain community residences may not be included in 51
spacing distance calculations; specifying requirements 52
for the calculation of spacing distance for each 53
street and alley; creating s. 419.005, F.S.; providing 54
that a family community residence or transitional 55
community residence constitutes a residential use 56
allowed in specified zoning districts if certain 57
requirements are met; specifying such requirements; 58
providing that a community residence is considered a 59
residential use of property for purposes of local 60
government and land use zoning codes when in 61
compliance with specified provisions; specifying that 62
the provisions of the act do not affect the legal 63
nonconforming use status of certain community 64
residences or the authority of certain community 65
residences established before a specified date to 66
continue to operate, under certain circumstances; 67
providing construction; providing that spacing 68
distances may not exceed certain specifications; 69
authorizing a local government to require a sponsoring 70
entity to immediately cease operations under certain 71
circumstances; creating s. 419.007, F.S.; providing 72
that a proposed community residence may receive a 73
reasonable accommodation if the sponsoring entity 74
demonstrates that specified requirements are met; 75

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providing primary factors to consider when determining 76
compliance with certain provisions; requiring a local 77
government to authorize a reasonable accommodation for 78
certain proposed community residences if specified 79
requirements are met; requiring a local government to 80
authorize a reasonable accommodation for a community 81
residence intended to house more than 12 unrelated 82
people if specified requirements are met; requiring a 83
local government to authorize a reasonable 84
accommodation for transitional community residences if 85
specified requirements are met; creating s. 419.009, 86
F.S.; requiring that a recovery community be licensed 87
or certified by a licensing or certifying entity; 88
authorizing a local government to revoke siting 89
approval for a recovery community under certain 90
circumstances; prohibiting a sponsoring entity for a 91
recovery community whose license or certification has 92
been denied or revoked from operating in this state; 93
providing for the nullification of certain zoning 94
approval; requiring that zoning approval be stayed 95
pending the outcome of a sponsoring entity's appeal of 96
the revocation or denial of its licensure or 97
certification; requiring a sponsoring entity to notify 98
the designated local government official or other 99
applicable entity within a specified timeframe that 100

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its license or certification has been revoked or 101
denied; requiring a sponsoring entity to cease 102
operations within a specified timeframe after such 103
notice; authorizing a local government to require a 104
sponsoring entity to immediately cease operations 105
under certain circumstances; requiring the sponsoring 106
entity to coordinate the reunion or relocation of 107
residents; requiring that the enforcement of the 108
revocation or denial of a license be stayed pending 109
the outcome of an appeal; providing an exception; 110
provided that a recovery community constitutes a 111
residential use allowed as of right if certain 112
requirements are met; providing that the provisions of 113
this act do not affect the legal nonconforming use 114
status or the authority of an recovery community to 115
operate; providing construction; authorizing a local 116
government to require a sponsoring entity of a 117
recovery community to immediately cease operations if 118
continued operation poses an immediate and significant 119
threat to the health and safety of the residents or 120
the community; creating s. 419.013, F.S.; requiring 121
that a recovery community in specified locations be 122
allowed a reasonable accommodation if certain 123
requirements are met; specifying factors that must be 124
considered to determine compliance with certain 125

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provisions; providing that a proposed recovery 126
community in combination with any existing community 127
residence, recovery community, or congregate living 128
facility may not alter the residential character of 129
the surrounding neighborhood; creating s. 419.015, 130
F.S.; requiring a local government to respond in 131
writing within a specified timeframe to requests 132
regarding whether a proposed community residence or 133
recovery residence is within a certain spacing 134
distance from certain other residences; requiring that 135
such response include certain information; requiring a 136
local government to provide the sponsoring entity of a 137
proposed community residence or recovery residence 138
with certain information within a specified timeframe 139
if such residences meet certain criteria; amending ss. 140
393.501, 400.464, 400.9972, 429.11, 429.67, and 141
1003.57, F.S.; conforming provisions to changes made 142
by the act; providing an effective date. 143
144
Be It Enacted by the Legislature of the State of Florida: 145
146
Section 1. Section 419.001, Florida Statutes, is amended 147
to read: 148
419.001 Community residences and recovery communities; 149
definitions Site selection of community residential homes.—For 150

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the purposes of this chapter, the term: 151
(1) For the purposes of this section, the term: 152
(a) "Community residence residential home" means a 153
residential living arrangement for unrelated individuals with 154
disabilities living as the functional equivalent of a family in 155
a dwelling unit, townhome, duplex, or triplex who need the 156
mutual support furnished by other residents of the dwelling as 157
well as the support services, if any, provided by any staff of 158
the community residence. The term includes a living arrangement 159
in which residents may be self–governing or supervised by a 160
sponsoring entity or its staff, which provide habilitative or 161
rehabilitative services related to the residents' disabilities. 162
A community residence operates as the functional equivalent of a 163
family to foster normalization of its residents, integrate them 164
into the surrounding community, and use neighbors as role models 165
for those residents capable of going into the community and 166
interacting with neighbors. Supportive interrelationships 167
between residents are an essential component. Its primary 168
purpose is to provide shelter; foster and facilitate life 169
skills; and meet the physical, emotional, and social needs of 170
the residents in a mutually supportive family–like environment. 171
The term includes, but is not limited to, residences licensed by 172
the Agency for Persons with Disabilities, the Department of 173
Elderly Affairs, the Agency for Health Care Administration, and 174
the Department of Children and Families; recovery residences 175

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certified by the state's designated credentialing entity 176
established under s. 397.487; and recovery residences 177
democratically operated by their residents pursuant to a charter 178
from an entity recognized or sanctioned by Congress a dwelling 179
unit licensed to serve residents who are clients of the 180
Department of Elderly Affairs, the Agency for Persons with 181
Disabilities, the Department of Juvenile Justice, or the 182
Department of Children and Families or licensed by the Agency 183
for Health Care Administration which provides a living 184
environment for 7 to 14 unrelated residents who operate as the 185
functional equivalent of a family, including such supervision 186
and care by supportive staff as may be necessary to meet the 187
physical, emotional, and social needs of the residents. 188
(2) "Congregate living facility" means a group living 189
arrangement that provides long-term care, accommodations, food 190
service, and one or more personal care services to people with 191
or without disabilities who pose a direct threat to the health 192
or safety of others, and who are not related to the owner or 193
administrator by blood or marriage. 194
(a) Congregate living facilities include, but are not 195
limited to: 196
1. An intermediate care or assisted living facility that 197
does not operate as the functional equivalent of a family. 198
2. A group living arrangement that is an alternative to 199
incarceration for people who pose a direct threat to the health 200

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or safety of others. 201
3. A facility for the treatment of substance use disorders 202
where treatment is the primary purpose and use of the facility, 203
whether it provides services only or includes a residential 204
component on site. 205
4. A facility for a group living arrangement too large to 206
operate as the functional equivalent of a family where 207
normalization, community integration, and the use of neighbors 208
as role models are not integral elements. 209
(b) A congregate living facility is not a community 210
residence or a recovery community. 211
(3) "Disability" means a physical or mental impairment 212
that substantially limits an individual's major life activities 213
or impairs an individual's ability to live independently. The 214
term includes an individual having a record of such an 215
impairment or being regarded as having such an impairment as 216
defined in the federal Fair Housing Act and Americans with 217
Disabilities Act. The term includes, but is not limited to, all 218
of the following: 219
(a) An elderly person with disabilities as described in s. 220
429.65(9). 221
(b) A person with development disabilities as defined in 222
s. 393.063. 223
(c) A person with a mental illness as defined in s. 224
394.455. 225

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(d) A person in recovery from substance abuse as defined 226
in s. 397.311. 227
228
The term "disability" does not include individuals with a 229
substance use disorder who use illegal substances or substances 230
to which they are addicted or individuals who constitute a 231
direct threat to the health and safety of other persons. 232
(4) "Family community residence" means a community 233
residence that provides a long-term living arrangement of at 234
least 6 months duration and does not limit how long a resident 235
may live there. Typical uses may include, but are not limited 236
to, all of the following: 237
(a) A community residential home for people with a 238
disability who do not pose a threat to the health and safety of 239
other persons and whose residency would not result in 240
substantial physical damage to the property of others. 241
(b) A group home for people with a disability which 242
operates as the functional equivalent of a family, including, 243
but not limited to, people with mental illness, physical 244
disabilities, or a substance use disorder. 245
(c) An assisted living facility for the elderly licensed 246
under s. 429.07. 247
(d) An adult family–care home licensed under s. 429.67. 248
(e) A community residential home licensed by the 249
Department of Elderly Affairs, the Agency for Persons with 250

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Disabilities, the Department of Children and Families, or the 251
Agency for Health Care Administration which provides a living 252
environment for residents who operate as the functional 253
equivalent of a family. 254
(f) An intermediate care facility licensed under s. 255
400.962 which operates as the functional equivalent of a family. 256
(g) Housing licensed under chapter 394. 257
(h) Recovery residences certified under s. 397.487 or 258
certified recovery residences as defined in s. 397.311 where 259
residency is typically at least 6 months. 260
(i) Recovery residences democratically operated by their 261
residents pursuant to a charter from an entity recognized or 262
sanctioned by Congress. 263
(5)(b) "Licensing or certifying entity" or "licensing 264
entities" means the Department of Elderly Affairs, the Agency 265
for Persons with Disabilities, the Department of Juvenile 266
Justice, the Department of Children and Families, the Florida 267
Association of Recovery Residences or other licensing or 268
certifying entity as determined by the Department of Children 269
and Families pursuant to s. 397.487, or the Agency for Health 270
Care Administration, all of which are authorized to license a 271
community residential home to serve residents. 272
(6)(c) "Local government" means a county as set forth in 273
chapter 125 7 or a municipality incorporated under the 274
provisions of chapter 165. 275

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(7)(d) "Long term" means a continuous period of 6 or more 276
months "Planned residential community" means a local government-277
approved, planned unit development that is under unified 278
control, is planned and developed as a whole, has a minimum 279
gross lot area of 8 acres, and has amenities that are designed 280
to serve residents with a developmental disability as defined in 281
s. 393.063 but that shall also provide housing options for other 282
individuals. The community shall provide choices with regard to 283
housing arrangements, support providers, and activities. The 284
residents' freedom of movement within and outside the community 285
may not be restricted. For the purposes of this paragraph, local 286
government approval must be based on criteria that include, but 287
are not limited to, compliance with appropriate land use, 288
zoning, and building codes. A planned residential community may 289
contain two or more community residential homes that are 290
contiguous to one another. A planned residential community may 291
not be located within a 10-mile radius of any other planned 292
residential community. 293
(8) "Reasonable accommodation" means providing one or more 294
individuals with a disability and providers of housing for one 295
or more individuals with a disability the opportunity to receive 296
modification or waiver of certain requirements for land use, 297
zoning, or property maintenance and building code regulations to 298
give such individual or individuals with a disability an equal 299
opportunity to use and enjoy a dwelling within the meaning of 42 300

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U.S.C. s. 3604(f). 301
(9) "Recovery community" means multiple dwelling units, 302
including adjacent multifamily structures, duplexes, triplexes, 303
and quadraplexes; attached single–family dwellings; a series of 304
adjacent single–family detached dwellings; or a group of such 305
adjacent dwellings which are not held out to the general public 306
for rent or occupancy and which provide a mutually supportive, 307
drug–free, and alcohol–free living arrangement for people in 308
recovery from a substance use disorder who do not operate as the 309
functional equivalent of a family and are under the auspices of 310
a single sponsoring entity or group of related sponsoring 311
entities. 312
(a) The term includes land uses for which the sponsoring 313
entity is eligible to apply for certification pursuant to s. 314
397.487. 315
(b) The term does not include other group living 316
arrangements for people who are not disabled or any community 317
residence, congregate living facility, institutional or medical 318
use facility, shelter, lodging or boarding house, extended stay 319
hotel, nursing home, vacation rental, or other living 320
arrangement for similar use. 321
(10) "Recovery residence" has the same meaning as in s. 322
397.311. 323
(11)(e) "Resident" means any of the following: a frail 324
elder as defined in s. 429.65; a person who has a disability as 325

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defined in s. 760.22 s. 760.22(3)(a); a person who has a 326
developmental disability as defined in s. 393.063; a 327
nondangerous person who has a mental illness as defined in s. 328
394.455; a person in recovery from a substance use disorder; or 329
live-in staff or a child who is found to be dependent as defined 330
in s. 39.01, or a child in need of services as defined in s. 331
984.03. 332
(12)(f) "Sponsoring entity agency" means an agency or unit 333
of government, a for-profit profit or nonprofit agency, or any 334
other person or organization that which intends to establish or 335
operate a community residence, recovery community, recovery 336
residence, or congregate living facility residential home. 337
(13) "Transitional community residence" means a community 338
residence that provides a temporary living arrangement of less 339
than 6 months for unrelated people with disabilities. 340
Transitional community residences include, but are not limited 341
to: 342
(a) A group home for individuals with a disability which 343
operates as the functional equivalent of a family. 344
(b) A community residence for people with a disability who 345
do not pose a direct threat to the health and safety of other 346
persons or whose residency would not result in substantial 347
physical damage to the property of others. 348
(c) Housing connected to outpatient treatment licensed 349
under chapter 394. 350

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(d) A living arrangement licensed by the Department of 351
Elderly Affairs, the Agency for Persons with Disabilities, the 352
Department of Juvenile Justice, the Department of Children and 353
Families, or the Agency for Health Care Administration which 354
provides a living environment for 7 to 14 unrelated residents 355
who operate as the functional equivalent of a family. 356
(e) A certified recovery residence as defined in s. 357
397.311, at which residency is typically less than 6 months. 358
(f) A separate residential community housing component, 359
pursuant to s. 397.311(9), of a day or night treatment facility 360
with a community housing license 361
(2) Homes of six or fewer residents which otherwise meet 362
the definition of a community residential home shall be deemed a 363
single-family unit and a noncommercial, residential use for the 364
purpose of local laws and ordinances. Homes of six or fewer 365
residents which otherwise meet the definition of a community 366
residential home shall be allowed in single-family or 367
multifamily zoning without approval by the local government, 368
provided that such homes are not located within a radius of 369
1,000 feet of another existing such home with six or fewer 370
residents or within a radius of 1,200 feet of another existing 371
community residential home. Such homes with six or fewer 372
residents are not required to comply with the notification 373
provisions of this section; provided that, before licensure, the 374
sponsoring agency provides the local government with the most 375

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recently published data compiled from the licensing entities 376
that identifies all community residential homes within the 377
jurisdictional limits of the local government in which the 378
proposed site is to be located in order to show that there is 379
not a home of six or fewer residents which otherwise meets the 380
definition of a community residential home within a radius of 381
1,000 feet and not a community residential home within a radius 382
of 1,200 feet of the proposed home. At the time of home 383
occupancy, the sponsoring agency must notify the local 384
government that the home is licensed by the licensing entity. 385
For purposes of local land use and zoning determinations, this 386
subsection does not affect the legal nonconforming use status of 387
any community residential home lawfully permitted and operating 388
as of July 1, 2016. 389
(3)(a) When a site for a community residential home has 390
been selected by a sponsoring agency in an area zoned for 391
multifamily, the agency shall notify the chief executive officer 392
of the local government in writing and include in such notice 393
the specific address of the site, the residential licensing 394
category, the number of residents, and the community support 395
requirements of the program. Such notice shall also contain a 396
statement from the licensing entity indicating the licensing 397
status of the proposed community residential home and specifying 398
how the home meets applicable licensing criteria for the safe 399
care and supervision of the clients in the home. The sponsoring 400

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agency shall also provide to the local government the most 401
recently published data compiled from the licensing entities 402
that identifies all community residential homes within the 403
jurisdictional limits of the local government in which the 404
proposed site is to be located. The local government shall 405
review the notification of the sponsoring agency in accordance 406
with the zoning ordinance of the jurisdiction. 407
(b) Pursuant to such review, the local government may: 408
1. Determine that the siting of the community residential 409
home is in accordance with local zoning and approve the siting. 410
If the siting is approved, the sponsoring agency may establish 411
the home at the site selected. 412
2. Fail to respond within 60 days. If the local government 413
fails to respond within such time, the sponsoring agency may 414
establish the home at the site selected. 415
3. Deny the siting of the home. 416
(c) The local government shall not deny the siting of a 417
community residential home unless the local government 418
establishes that the siting of the home at the site selected: 419
1. Does not otherwise conform to existing zoning 420
regulations applicable to other multifamily uses in the area. 421
2. Does not meet applicable licensing criteria established 422
and determined by the licensing entity, including requirements 423
that the home be located to assure the safe care and supervision 424
of all clients in the home. 425

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3. Would result in such a concentration of community 426
residential homes in the area in proximity to the site selected, 427
or would result in a combination of such homes with other 428
residences in the community, such that the nature and character 429
of the area would be substantially altered. A home that is 430
located within a radius of 1,200 feet of another existing 431
community residential home in a multifamily zone shall be an 432
overconcentration of such homes that substantially alters the 433
nature and character of the area. A home that is located within 434
a radius of 500 feet of an area of single-family zoning 435
substantially alters the nature and character of the area. 436
(4) Community residential homes, including homes of six or 437
fewer residents which would otherwise meet the definition of a 438
community residential home, which are located within a planned 439
residential community are not subject to the proximity 440
requirements of this section and may be contiguous to each 441
other. A planned residential community must comply with the 442
applicable local government's land development code and other 443
local ordinances. A local government may not impose proximity 444
limitations between homes within a planned residential community 445
if such limitations are based solely on the types of residents 446
anticipated to be living in the community. 447
(5) All distance requirements in this section shall be 448
measured from the nearest point of the existing home or area of 449
single-family zoning to the nearest point of the proposed home. 450

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(6) If agreed to by both the local government and the 451
sponsoring agency, a conflict may be resolved through informal 452
mediation. The local government shall arrange for the services 453
of an independent mediator. Mediation shall be concluded within 454
45 days of a request therefor. The resolution of any issue 455
through the mediation process shall not alter any person's right 456
to a judicial determination of any issue if that person is 457
entitled to such a determination under statutory or common law. 458
(7) The licensing entity shall not issue a license to a 459
sponsoring agency for operation of a community residential home 460
if the sponsoring agency does not notify the local government of 461
its intention to establish a program, as required by subsection 462
(3). A license issued without compliance with the provisions of 463
this section shall be considered null and void, and continued 464
operation of the home may be enjoined. 465
(8) A dwelling unit housing a community residential home 466
established pursuant to this section shall be subject to the 467
same local laws and ordinances applicable to other 468
noncommercial, residential family units in the area in which it 469
is established. 470
(9) Nothing in this section shall be deemed to affect the 471
authority of any community residential home lawfully established 472
prior to October 1, 1989, to continue to operate. 473
(10) Nothing in this section shall permit persons to 474
occupy a community residential home who would constitute a 475

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direct threat to the health and safety of other persons or whose 476
residency would result in substantial physical damage to the 477
property of others. 478
(11) The siting of community residential homes in areas 479
zoned for single family shall be governed by local zoning 480
ordinances. Nothing in this section prohibits a local government 481
from authorizing the development of community residential homes 482
in areas zoned for single family. 483
(12) Nothing in this section requires any local government 484
to adopt a new ordinance if it has in place an ordinance 485
governing the placement of community residential homes that meet 486
the criteria of this section. State law on community residential 487
homes controls over local ordinances, but nothing in this 488
section prohibits a local government from adopting more liberal 489
standards for siting such homes. 490
Section 2. Section 419.003, Florida Statutes, is created 491
to read: 492
419.003 Community residences.— 493
(1) PURPOSE AND DUTIES.— 494
(a) A community residence is considered a residential use 495
of property for purposes of all local government land use and 496
zoning codes. 497
(b) A community residence shall do all of the following: 498
1. Provide safe and accommodating shelter for persons with 499
disabilities. 500

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2. Operate as the functional equivalent of a family by 501
providing the opportunity for residents to form supportive 502
relationships that nurture their physical, emotional, and social 503
needs within a family–like relational structure. 504
3. Foster the normalization of residents, assist their 505
integration into the surrounding community, and, when residents 506
are capable, use neighbors without disabilities as role models. 507
4. Provide a safe and nurturing space for residents to 508
gain and practice life skills. 509
(c) The residents of a community residence must receive 510
care by supportive staff as may be necessary to meet their 511
physical, emotional, and social needs. 512
(d) Residents may be self–governing or may be supervised 513
by a sponsoring entity that provides habilitative or 514
rehabilitative services related to the residents' disabilities. 515
(2) COMMUNITY RESIDENCES EXEMPTED FROM THIS CHAPTER.— 516
(a) A community residence constitutes a family for 517
purposes of zoning and is not subject to this chapter when: 518
1. The number of occupants of a community residence, 519
including live–in staff, does not exceed the maximum number of 520
unrelated individuals, as determined by the definition of 521
family, family unit, household, or a similar term in the 522
appropriate local government land use code, ordinance, or 523
regulation; 524
2. A local government's land use code, ordinance, or 525

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regulation does not stipulate a specific number of unrelated 526
people which constitutes a family, family unit, household, or 527
similar term; or 528
3. A local government's land use code, ordinance, or 529
regulation does not define family, family unit, household, or a 530
similar term. 531
(b) A community residence that is exempted from this 532
chapter pursuant subparagraph (a)1. may not be included when 533
determining spacing distance requirements. 534
(3) LICENSURE AND OPERATIONS.— 535
(a) A community residence must be licensed or certified to 536
operate when this state offers licensing or certification, or 537
must operate pursuant to a charter from an entity recognized or 538
sanctioned by Congress. 539
(b) A local government may revoke or nullify siting 540
approval of a community residence if: 541
1. The sponsoring entity fails to provide the local 542
government with evidence of permanent licensure or certification 543
from the state; or 544
2. The community residence is not operated pursuant to a 545
charter from an entity recognized or sanctioned by Congress. 546
(c) A sponsoring entity of a community residence whose 547
license, certification, or charter, or application for such 548
license, certification, or charter, has been revoked or denied 549
by a licensing or certifying entity may not operate in this 550

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state. Any zoning approval granted to such sponsoring entity 551
becomes null and void upon the revocation or denial of its 552
license, certification, or charter. The sponsoring entity of a 553
community residence may appeal the revocation or denial of its 554
license, certification, or charter. Any zoning approval granted 555
to a sponsoring entity must be stayed pending the outcome of 556
such appeal. 557
(d) The sponsoring entity of a community residence must 558
notify the designated local government official within 5 559
calendar days after receiving notice that its license, 560
certification, or charter has been revoked or denied. The 561
sponsoring entity shall cease operations within 60 calendar days 562
after the date on which the sponsoring entity receives notice of 563
the denial or revocation, except that the local government may 564
require operations to cease immediately when continued operation 565
poses a threat to the health and safety of the residents or the 566
community residence. In such event, the sponsoring entity must 567
coordinate the reunion of the residents with their families or 568
arrange for the relocation of the residents to a safe and secure 569
living environment. Enforcement of a revocation or denial must 570
be stayed pending the outcome of an appeal unless a local 571
government requires the sponsoring entity to cease operations. 572
(4) SITING.—Spacing distances under this section must be 573
measured from the nearest lot line of the existing community 574
residence, recovery community, or congregate living facility 575

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closest to the proposed community residence or recovery 576
community to the nearest lot line of the proposed community 577
residence or recovery community. A community residence that is 578
exempted from this chapter pursuant to subsection (2) may not be 579
included when determining spacing distance requirements. Each 580
street and alley within the specified spacing distance 581
requirement counts as 1 parcel lot. 582
Section 3. Section 419.005, Florida Statutes, is created 583
to read: 584
419.005 Community residences; permitted use.— 585
(1) FAMILY COMMUNITY RESIDENCE.—A family community 586
residence is considered a residential use as of right in all 587
zoning districts where residences are allowed as of right, 588
provided that it complies with subsection (3). 589
(2) TRANSITIONAL COMMUNITY RESIDENCE.—A transitional 590
community residence constitutes a residential use allowed as of 591
right in all zoning districts where multifamily dwellings, 592
duplexes, triplexes, or other forms of multifamily structures 593
are allowed as of right, provided that it complies with 594
subsection (3). 595
(3) REQUIREMENTS.—Family and transitional community 596
residences shall be allowed as of right as permitted uses only 597
if such residences comply with the following requirements: 598
(a) The proposed community residence must be located at 599
least 660 feet or 7 consecutive parcel lots, including each 600

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street and alley as 1 parcel lot, whichever is a greater 601
distance, from the closest existing community residence, 602
recovery community, or congregate living facility. 603
(b) The proposed community residence has been issued and 604
maintains: 605
1. A license, certification, or charter required to 606
operate the proposed community residence; or 607
2. A provisional or conditional license, certification, or 608
charter during an application process as determined by the 609
designated licensing, certifying, or chartering entity. 610
(c) No more than 12 individuals occupy the proposed 611
community residence, subject to the local government's standard 612
housing, building, or property maintenance code's provisions 613
related to overcrowding. 614
(4) CODE COMPLIANCE.—A community residence is considered a 615
residential use of property for purposes of local government 616
land use and zoning codes when in compliance with this chapter. 617
(5) EXCEPTIONS.— 618
(a) For purposes of local land use and zoning 619
determinations, this section does not affect: 620
1. The legal nonconforming use status of any community 621
residence lawfully permitted and operating before July 1, 2026, 622
as long as it is licensed or certified no later than July 1, 623
2027, or a reasonable accommodation is granted under s. 624
419.007(2) by July 1, 2027. 625

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2. The authority of any community residence lawfully 626
established before July 1, 2026, to continue to operate as long 627
as it is licensed or certified no later than July 1, 2027, or a 628
reasonable accommodation is granted under s. 419.007(2) by July 629
1, 2027. 630
(b) This section may not be construed to require a local 631
government to amend its land use code if it has adopted zoning 632
provisions governing the placement of community residences that 633
meet the criteria of this section and ss. 419.003 and 419.007. 634
(c) This section may not be construed to prohibit a local 635
government from adopting less restrictive zoning for siting 636
community residences. 637
(d) No spacing distance may be greater than those 638
specified in paragraph (3)(a). 639
(6) ENFORCEMENT.—A local government may require a 640
sponsoring entity for a community residence to cease operations 641
immediately if continued operation poses an immediate and 642
significant threat to the health and safety of the residents or 643
the community. 644
Section 4. Section 419.007, Florida Statutes, is created 645
to read: 646
419.007 Community residences; reasonable accommodation.— 647
(1) ACCOMMODATION TO LOCATE WITHIN APPLICABLE SPACING 648
DISTANCE.—A proposed community residence that does not comply 649
with standards required in s. 419.005(3)(a) must be allowed as a 650

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reasonable accommodation from the applicable local government if 651
the sponsoring entity demonstrates all of the following: 652
(a) The proposed community residence will not interfere 653
with the normalization and community integration, and, where 654
practical, the use of neighbors without disabilities as role 655
models, of the residents of the closest existing community 656
residence or recovery community. 657
(b) The closest community residence, recovery community, 658
or congregate living facility will not interfere with the 659
normalization and community integration of the residents of the 660
proposed community residence. 661
(2) COMPLIANCE FACTORS.—Primary factors that must be 662
considered when determining compliance with subsection (1) 663
include: 664
(a) The linear distance along the pedestrian right-of-way 665
between the two residences. 666
(b) The likelihood of residents of one site interacting 667
with residents of the other site. 668
(c) Whether the residents of both sites have different 669
disabilities or no disability. 670
(d) Whether the proposed community residence in 671
combination with any existing community residence, recovery 672
community, or congregate living facility will alter the 673
residential character of the surrounding neighborhood by 674
creating an institutional atmosphere or de facto social service 675

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district by clustering such residences on a block face or 676
concentrating them in a neighborhood. 677
(3) ACCOMMODATION WITHOUT LICENSURE, CERTIFICATION, OR 678
DESIGNATION.—If the state does not offer a license or 679
certification for the type of community residence proposed and 680
the population it would house, or if such proposed community 681
residence is not eligible for designation as a recovery 682
residence democratically operated by its residents from an 683
entity recognized or sanctioned by the Congress, the local 684
government must authorize a reasonable accommodation for the 685
proposed community residence if the sponsoring entity 686
demonstrates that: 687
(a) The proposed community residence operates or will 688
operate in a manner effectively similar to that of a licensed, 689
certified, or chartered residence; 690
(b) Staff residing or working in the proposed community 691
residence are adequately trained in accordance with standards 692
typically required by licensing or state certification for a 693
community residence; 694
(c) The proposed community residence operates or will 695
operate as the functional equivalent of a family and achieve 696
normalization, community integration, and, when the residents 697
are capable, the use of neighbors without disabilities as role 698
models; and 699
(d) The rules and practices governing the operation of the 700

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proposed community residence protect the residents from abuse, 701
exploitation, fraud, theft, neglect, insufficient support, use 702
of illegal drugs or alcohol, and misuse of prescription 703
medications. 704
(4) ACCOMMODATION TO HOUSE MORE THAN 12 UNRELATED PEOPLE.—705
If a proposed community residence is intended to house more than 706
12 unrelated people, the local government must authorize a 707
reasonable accommodation for the proposed community residence if 708
the sponsoring entity demonstrates that: 709
(a) The proposed number of residents greater than 12 is 710
necessary to ensure the therapeutic or financial viability of 711
the proposed community residence; 712
(b) The primary function of the proposed community 713
residence is residential, and any medical treatment is 714
incidental to the residential use of the property; 715
(c) The proposed community residence operates as the 716
functional equivalent of a family rather than a boarding or 717
rooming house; nursing home; short-term rental; continuing care 718
facility; motel; hotel; treatment center; rehabilitation center; 719
institutional use facility; assisted living facility or 720
community residential home that does not comport with the 721
definition of community residence in this chapter; or other 722
nonresidential use; and 723
(d) The requested number of residents in the proposed 724
community residence will not interfere with the normalization 725

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and community integration of the occupants of the closest 726
existing community residence or recovery community or, when the 727
residents are capable, the use of neighbors without disabilities 728
as role models. 729
(5) ACCOMMODATION TO PERMIT TRANSITIONAL COMMUNITY 730
RESIDENCES IN SINGLE-FAMILY ZONING.—The local government must 731
authorize a reasonable accommodation for a transitional 732
community residence to be sited in an area of single–family 733
zoning where single-family detached dwellings are the only 734
dwellings allowed as permitted uses, provided that the 735
sponsoring entity demonstrates that: 736
(a) The proposed transitional community residence complies 737
with ss. 419.003 and 419.005; and 738
(b) The proposed transitional community residence is found 739
to be compatible with the residential uses allowed as of right 740
in the zoning district. 741
Section 5. Section 419.009, Florida Statutes, is created 742
to read: 743
419.009 Recovery community as a permitted use.— 744
(1) LICENSURE AND OPERATIONS.— 745
(a) A recovery community must be licensed or certified by 746
a licensing or certifying entity. A local government may revoke 747
siting approval of a recovery community if the sponsoring entity 748
fails to provide evidence of permanent licensure or 749
certification. 750

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(b) A sponsoring entity for a recovery community whose 751
license or certification has been denied or revoked may not 752
operate in this state. Any zoning approval granted to such 753
sponsoring entity becomes null and void upon the denial or 754
revocation of such license or certification. If a sponsoring 755
entity appeals a revocation or denial of licensure or 756
certification, any zoning approval granted to such sponsoring 757
entity must be stayed pending the outcome of the appeal. 758
(c) The sponsoring entity must notify the designated local 759
government official or other applicable entity that its license 760
or certification has been revoked or denied within 5 calendar 761
days after receiving notice of such revocation or denial. The 762
sponsoring entity must cease operations within 60 calendar days 763
after such notice, except that the local government may require 764
operations to cease immediately when continued operation poses a 765
threat to the health and safety of the residents or the recovery 766
community. The sponsoring entity must coordinate the reunion of 767
the residents with their families or arrange for the relocation 768
of the residents to a safe and secure living environment. 769
Enforcement of the revocation or denial of a license or 770
certification must be stayed pending the outcome of an appeal 771
unless a local government requires the sponsoring entity to 772
cease operations. 773
(2) SITING AND ZONING.—A recovery community constitutes a 774
residential use allowed in all zoning districts where 775

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townhouses, duplexes, triplexes, or other forms of multifamily 776
structures are allowed as permitted uses, provided that the 777
sponsoring entity has received certification from the designated 778
certifying entity as established by s. 397.487 and meets the 779
following requirements: 780
(a) A proposed recovery community housing up to 16 781
occupants is located at least 660 feet or 7 consecutive parcel 782
lots, with each street and alley counting as 1 parcel lot, 783
whichever is the greater distance, from the closest recovery 784
community, community residence, or congregate living facility; 785
(b) A proposed recovery community housing 17 to 30 786
occupants is located at least 900 feet or 9 consecutive parcel 787
lots, with each street and alley counting as 1 parcel lot, 788
whichever is the greater distance, from the closest recovery 789
community, community residence, or congregate living facility; 790
(c) A proposed recovery community housing 31 to 50 791
occupants is located at least 1,300 feet or 13 consecutive 792
parcel lots, with each street and alley counting as 1 parcel 793
lot, whichever is the greater distance, from the closest 794
recovery community, community residence, or congregate living 795
facility; 796
(d) A proposed recovery community housing 51 to 100 797
occupants is located at least 1,400 feet or 14 consecutive 798
parcel lots, with each street and alley counting as 1 parcel 799
lot, whichever is the greater distance, from the closest 800

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recovery community, community residence, or congregate living 801
facility; or 802
(e) A proposed recovery community housing more than 100 803
occupants is located at least 1,500 feet or 15 consecutive 804
parcel lots, with each street and alley counting as 1 parcel 805
lot, whichever is the greater distance, from the closest 806
recovery community, community residence, or congregate living 807
facility. 808
(3) EXCEPTIONS.— 809
(a) For purposes of local land use and zoning 810
determinations, this section does not affect: 811
1. The legal nonconforming use status of any recovery 812
community lawfully permitted and operating before July 1, 2026. 813
2. The authority of any recovery community lawfully 814
established before July 1, 2026, to continue to operate. 815
(b) This section may not be construed to require a local 816
government to amend its land use code if it has adopted zoning 817
provisions governing the placement of recovery communities that 818
meet the criteria of subsections (1) and (2). 819
(c) This section may not be construed to prohibit a local 820
government from adopting less restrictive zoning for siting 821
recovery communities. 822
(d) No spacing distance may be greater than those 823
specified in subsection (2). 824
(4) ENFORCEMENT.— 825

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(a) A local government may require a sponsoring entity of 826
a recovery community to cease operations immediately if 827
continued operation poses an immediate and significant threat to 828
the health and safety of the residents or the community. 829
(b) This section may not be construed to permit persons 830
who are known to constitute a direct threat to the health and 831
safety of others or whose residency would result in substantial 832
physical damage to the person or property of others to reside in 833
a community residence. 834
Section 6. Section 419.013, Florida Statutes, is created 835
to read: 836
419.013 Recovery communities as reasonable accommodation.— 837
(1) A recovery community proposed to be located within the 838
distance requirements specified in s. 419.009(2) from the 839
closest existing community residence, recovery community, or 840
congregate living facility must be allowed a reasonable 841
accommodation if the sponsoring entity demonstrates that: 842
(a) The proposed recovery community will not interfere 843
with the normalization and community integration of the 844
residents of the closest existing community residence or 845
recovery community; and 846
(b) The closest existing community residence, recovery 847
community, or congregate living facility will not interfere with 848
the normalization, community integration, or, when residents are 849
capable, the use of neighbors without disabilities as role 850

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models. 851
(2) Primary factors that must be considered when 852
determining compliance with subsection (1) include: 853
(a) The linear distance along the pedestrian right-of-way 854
between the two residences. 855
(b) The likelihood of residents of one site interacting 856
with residents of the other site. 857
(c) Whether the residents of both sites have different 858
disabilities or no disabilities. 859
(3) A proposed recovery community in combination with any 860
existing community residence, recovery community, or congregate 861
living facility may not alter the residential character of the 862
surrounding neighborhood by creating an institutional atmosphere 863
or by creating or intensifying an institutional atmosphere or de 864
facto social service district by clustering community 865
residences, recovery communities, or congregate living 866
facilities on a block face or concentrating them in a 867
neighborhood. 868
Section 7. Section 419.015, Florida Statutes, is created 869
to read: 870
419.015 Community residences and recovery communities; 871
applicable spacing distance; assistance.— 872
(1) A local government shall respond in writing within 10 873
business days to a request from a sponsoring entity as to 874
whether a proposed site for a community residence or recovery 875

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community is within the applicable spacing distance established 876
by this chapter from the closest existing community residence, 877
recovery community, or congregate living facility. The response 878
must include the calculated distance relied upon to deny an 879
otherwise permitted use. 880
(2) If the proposed community residence or recovery 881
community is within the applicable spacing distance specified in 882
s. 419.005(3)(a), the local government must, upon request by the 883
sponsoring entity, provide, at no charge and in writing within 884
20 business days after receiving the request, all of the 885
following information: 886
(a) The address of existing community residences, recovery 887
communities, or congregate living facilities within the 888
applicable spacing distance from the proposed community 889
residence or recovery community. 890
(b) The exact linear distance along the pedestrian pathway 891
of the proposed community residence or recovery community from 892
the closest existing community residence, recovery community, or 893
congregate living facility. 894
(c) The addresses and general nature of the residents' 895
disabilities in all existing community residences and recovery 896
communities as well as the nature of the population served at 897
any congregate living facilities within a one–half mile radius 898
of the proposed community residence or recovery community. 899
Section 8. Subsection (2) of section 393.501, Florida 900

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Statutes, is amended to read: 901
393.501 Rulemaking.— 902
(2) Such rules must address the number of facilities on a 903
single lot or on adjacent lots, except that there is no 904
restriction on the number of facilities designated as community 905
residences as defined in s. 419.001 residential homes located 906
within a planned residential community as those terms are 907
defined in s. 419.001(1). 908
Section 9. Paragraph (k) of subsection (6) of section 909
400.464, Florida Statutes, is amended to read: 910
400.464 Home health agencies to be licensed; expiration of 911
license; exemptions; unlawful acts; penalties.— 912
(6) The following are exempt from licensure as a home 913
health agency under this part: 914
(k) The delivery of community residential services for 915
which the community residence residential home is licensed under 916
chapter 419, to serve the residents in its facility. 917
Section 10. Paragraph (c) of subsection (3) of section 918
400.9972, Florida Statutes, is amended to read: 919
400.9972 License required; fee; application.— 920
(3) An applicant for licensure must provide: 921
(c) Proof of compliance with local zoning requirements, 922
including compliance with the requirements of chapter 419 if the 923
proposed facility is a community residence residential home. 924
Section 11. Subsection (3) of section 429.11, Florida 925

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Statutes, is amended to read: 926
429.11 Initial application for license.— 927
(3) If the applicant is a community residence residential 928
home, the applicant must provide proof that it has met the 929
requirements specified in chapter 419. 930
Section 12. Subsection (5) of section 429.67, Florida 931
Statutes, is amended to read: 932
429.67 Licensure.— 933
(5) Unless the adult family-care home is a community 934
residence residential home subject to chapter 419, the applicant 935
must provide documentation, signed by the appropriate 936
governmental official, that the home has met local zoning 937
requirements for the location for which the license is sought. 938
Section 13. Paragraph (e) of subsection (2) of section 939
1003.57, Florida Statutes, is amended to read: 940
1003.57 Exceptional students instruction.— 941
(2) 942
(e) This subsection applies to any nonresident student 943
with a disability who resides in a residential facility and who 944
receives instruction as an exceptional student with a disability 945
in any type of residential facility in this state, including, 946
but not limited to, a public school, a private school, a group 947
home facility as defined in s. 393.063, an intensive residential 948
treatment program for children and adolescents as defined in s. 949
395.002, a facility as defined in s. 394.455, an intermediate 950

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care facility for the developmentally disabled or ICF/DD as 951
defined in s. 393.063 or s. 400.960, or a community residence 952
residential home as defined in s. 419.001. 953
Section 14. This act shall take effect July 1, 2026. 954