Residential Living Arrangements

Florida Senate
-
2026

SB 1238

By
Senator Harrell

31-00216A-26 20261238__
1 A bill to be entitled
2 An act relating to residential living arrangements;
3 amending s. 419.001, F.S.; defining terms; deleting
4 definitions and provisions related to community
5 residential living arrangements; creating s. 419.003,
6 F.S.; providing that a community residence is a
7 residential use of property; providing the purpose and
8 duties of a community residence; requiring that the
9 residents of a community residence receive care by
10 supportive staff as may be necessary; providing that
11 residents may be self-governing or supervised by a
12 certain sponsoring entity; providing that a community
13 residence constitutes a family for certain purposes
14 and is not subject to certain provisions if certain
15 conditions are met; providing that certain community
16 residences may not be included when determining
17 spacing distance requirements; requiring that a
18 community residence be licensed or certified, or
19 operate pursuant to a charter from an entity
20 recognized or sanctioned by Congress; authorizing a
21 local government to revoke or nullify the siting
22 approval of a community residence under certain
23 circumstances; prohibiting a sponsoring entity whose
24 license, certification, or charter, or application for
25 such license, certification, or charter, has been
26 revoked or denied from operating a community
27 residence; providing for the nullification of zoning
28 approval under certain circumstances; authorizing the
29 sponsoring entity of a community residence to appeal
30 the revocation or denial of its license,
31 certification, or charter; requiring that zoning
32 approval granted to a sponsoring entity be stayed
33 pending the outcome of such appeal; requiring a
34 sponsoring entity of a community residence to notify
35 the designated local government official of the
36 revocation or denial of its license, certification, or
37 charter within a specified timeframe; requiring a
38 sponsoring entity to cease operations within a
39 specified timeframe after receiving notice of the
40 denial or revocation of its license, certification, or
41 charter; authorizing a local government to require
42 operations to cease immediately under certain
43 circumstances; requiring a sponsoring entity to
44 coordinate the reunion of residents with their
45 families or relocation to a safe and secure living
46 environment; requiring that enforcement of the denial
47 or revocation of a license, certificate, or charter be
48 stayed pending the outcome of an appeal; providing an
49 exception; providing spacing distance requirements for
50 the siting of a community residence; providing that
51 certain community residences may not be included in
52 spacing distance calculations; specifying requirements
53 for the calculation of spacing distance for each
54 street and alley; creating s. 419.005, F.S.; providing
55 that a family community residence or transitional
56 community residence constitutes a residential use
57 allowed in specified zoning districts if certain
58 requirements are met; specifying such requirements;
59 providing that a community residence is considered a
60 residential use of property for purposes of local
61 government and land use zoning codes when in
62 compliance with specified provisions; specifying that
63 the provisions of the act do not affect the legal
64 nonconforming use status of certain community
65 residences or the authority of certain community
66 residences established before a specified date to
67 continue to operate, under certain circumstances;
68 providing construction; providing that spacing
69 distances may not exceed certain specifications;
70 authorizing a local government to require a sponsoring
71 entity to immediately cease operations under certain
72 circumstances; creating s. 419.007, F.S.; providing
73 that a proposed community residence may receive a
74 reasonable accommodation if the sponsoring entity
75 demonstrates that specified requirements are met;
76 providing primary factors to consider when determining
77 compliance with certain provisions; requiring a local
78 government to authorize a reasonable accommodation for
79 certain proposed community residences if specified
80 requirements are met; requiring a local government to
81 authorize a reasonable accommodation for a community
82 residence intended to house more than 12 unrelated
83 people if specified requirements are met; requiring a
84 local government to authorize a reasonable
85 accommodation for transitional community residences if
86 specified requirements are met; creating s. 419.009,
87 F.S.; requiring that a recovery community be licensed
88 or certified by a licensing or certifying entity;
89 authorizing a local government to revoke siting
90 approval for a recovery community under certain
91 circumstances; prohibiting a sponsoring entity for a
92 recovery community whose license or certification has
93 been denied or revoked from operating in this state;
94 providing for the nullification of certain zoning
95 approval; requiring that zoning approval be stayed
96 pending the outcome of a sponsoring entity’s appeal of
97 the revocation or denial of its licensure or
98 certification; requiring a sponsoring entity to notify
99 the designated local government official or other
100 applicable entity within a specified timeframe that
101 its license or certification has been revoked or
102 denied; requiring a sponsoring entity to cease
103 operations within a specified timeframe after such
104 notice; authorizing a local government to require a
105 sponsoring entity to immediately cease operations
106 under certain circumstances; requiring the sponsoring
107 entity to coordinate the reunion or relocation of
108 residents; requiring that the enforcement of the
109 revocation or denial of a license be stayed pending
110 the outcome of an appeal; providing an exception;
111 provided that a recovery community constitutes a
112 residential use allowed as of right if certain
113 requirements are met; providing that the provisions of
114 this act do not affect the legal nonconforming use
115 status or the authority of an recovery community to
116 operate; providing construction; authorizing a local
117 government to require a sponsoring entity of a
118 recovery community to immediately cease operations if
119 continued operation poses an immediate and significant
120 threat to the health and safety of the residents or
121 the community; creating s. 419.013, F.S.; requiring
122 that a recovery community in specified locations be
123 allowed a reasonable accommodation if certain
124 requirements are met; specifying factors that must be
125 considered to determine compliance with certain
126 provisions; providing that a proposed recovery
127 community in combination with any existing community
128 residence, recovery community, or congregate living
129 facility may not alter the residential character of
130 the surrounding neighborhood; creating s. 419.015,
131 F.S.; requiring a local government to respond in
132 writing within a specified timeframe to requests
133 regarding whether a proposed community residence or
134 recovery residence is within a certain spacing
135 distance from certain other residences; requiring that
136 such response include certain information; requiring a
137 local government to provide the sponsoring entity of a
138 proposed community residence or recovery residence
139 with certain information within a specified timeframe
140 if such residences meet certain criteria; amending ss.
141 393.501, 400.464, 400.9972, 429.11, 429.67, and
142 1003.57, F.S.; conforming provisions to changes made
143 by the act; providing an effective date.
144
145 Be It Enacted by the Legislature of the State of Florida:
146
147 Section 1. Section 419.001, Florida Statutes, is amended to
148 read:
149 419.001
Community residences and recovery communities;

150
definitions

Site selection of community residential homes
.—
For

151
the purposes of this chapter, the term:

152 (1)
For the purposes of this section, the term:

153
(a)
“Community
residence

residential home
” means
a

154
residential living arrangemen
t
for unrelated individuals with

155
disabilities living as
the
functional
equivalent of a
family in

156
a dwelling unit, townhome, duplex, or triplex who need the

157
mutual support furnished by other residents of the dwelling as

158
well as the support services, if any, provided by any staff of

159
the community residence.
The term includes a living arrangement

160
in which r
esidents may be self–governing or supervised by a

161
sponsoring entity or its staff, which provide habilitative or

162
rehabilitative services related to the residents’ disabilities.

163
A community residence
operates as the functional equivalent of a

164
family
to foster normalization of its residents, integrate them

165
into the surrounding community, and use neighbors as role models

166
for those residents capable of going into the community and

167
interacting with neighbors. Supportive interrelationships

168
between residents are an essential component. Its primary

169
purpose is to provide shelter; foster and facilitate life

170
skills; and meet the physical, emotional, and social needs of

171
the residents in a mutually supportive family–like environment.

172
The term
include
s
, but
is
not limited to, residences licensed by

173
the Agency for Persons with Disabilities, the Department of

174
Elderly
Affairs, the Agency for Health Care Administration, and

175
the Department of Children and Families
;

r
ecovery
r
esidences

176
certified by the state’s designated credentialing entity

177
established under s.

397.487
;
and recovery residences

178
democratically operated by their residents pursuant to a charter

179
from an entity recognized or sanctioned by Congress

a dwelling

180
unit licensed to serve residents who are clients of the

181
Department of Elderly Affairs, the Agency for Persons with

182
Disabilities, the Department of Juvenile Justice, or the

183
Department of Children and Families or licensed by the Agency

184
for Health Care Administration which provides a living

185
environment for 7 to 14 unrelated residents who operate as the

186
functional equivalent of a family, including such supervision

187
and care by supportive staff as may be necessary to meet the

188
physical, emotional, and social needs of the residents
.
189
(2)

“
Congregate living facility”
means a group living

190
arrangement that provides long-term care, accommodations, food

191
service, and one or more personal care services to people
with

192
or without
disabilities
who pose
a direct threat to the health

193
or safety of others, and
who are
not related to the owner or

194
administrator by blood or marriage.

195
(a) C
o
ngregate living facilit
ies include, but are not

196
limited to:

197
1.

A
n intermediate care or assisted living facility that

198
does not
operate as the functional equivalent of a family.

199
2.

A
group living arrangement that is an alternative to

200
incarceration for people who pose a direct threat to the health

201
or safety of others
.

202
3.

A
facility for the treatment of substance use disorder
s

203
where treatment is the primary purpose and use
of the facility,

204
whether it provides services
only
or includes a residential

205
component on site
.

206
4.

A facility
for
a group living arrangement too large to

207
operate as the functional equivalent of a family where

208
normalization
,
community integration
,
and the use of neighbors

209
as role models are not integral

elements
.

210
(b)

A congregate living facility is not a community

211
residence or a recovery community.

212
(3)

“Disability” means a physical or mental impairment that

213
substantially limits an individual’s major life activities or

214
impairs an individual’s ability to live independently
. The term

215
includes

an individual
having a record of such an impairment or

216
being regarded as having such an impairment as defined in the

217
f
ederal Fair Housing Act and Americans
w
ith Disabilities Act.

218
The term includes
, but
is
not limited to
, all 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 s.

222
393.063
.

223
(
c
)

A person with
a
mental illness as defined in s.

224
394.455
.

225
(
d
)

A person in recovery from substance abuse as defined in

226
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 g
roup 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 Department

249
of Elderly Affairs, the Agency for Persons with Disabilities,

250
the Department of Children and Families
,
or the Agency for

251
Health Care Administration which provides a living environment

252
for residents who operate as the functional equivalent of a

253
family.

254
(f)

An intermediate care facility licensed under s.

400.962

255
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
(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
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 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
(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
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
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
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
(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 occupy

474
a community residential home who would constitute a direct

475
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 to
491 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
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 gain

508
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 by

513
a sponsoring entity that provides habilitative or rehabilitative

514
services related to the residents’ disabilities.

515
(2)

COMMUNITY RESIDENCES EXEMPTED FROM THIS CHAPTER.—

516
(a)

A community residence constitutes a family for purposes

517
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
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
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
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 to
583 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
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 operate

606
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
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
s
s
.
419.00
3 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 specified

638
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 to
645 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
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, or

658
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 combination

671
with any existing
community residence, recovery community,
or

672
congregate living
facility will alter the residential character

673
of the surrounding neighborhood by creating an institutional

674
atmosphere or de facto social service district by clustering

675
such residences on a block face or concentrating them in a

676
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
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
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 distric
t.

741 Section 5. Section 419.009, Florida Statutes, is created to
742 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 a

746
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
(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
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
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 specified

823
in subsection (2).

824
(4)

ENFORCEMENT.—

825
(a)

A local government may require a sponsoring entity of a

826
recovery community to cease operations immediately if continued

827
operation poses an immediate and significant threat to the

828
health and safety of the residents or the community.

829
(b)

This section may not be construed to permit persons who

830
are known to constitute a direct threat to the health and safety

831
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 to
835 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 with

843
the normalization and community integration of the residents of

844
the closest existing community residence or recovery community;

845
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
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 to
869 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
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 a
ll
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 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 hom
es 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 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 with
943 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 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.