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

2. (2) Definitions.

   1. (a) “Dwelling unit” means a structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
   2. (b) “Facility” means a home licensed by the Agency as defined within section 393.067, F.S., and this chapter.
   3. (c) “Foster care facility” means a residential facility licensed by the Agency as defined within chapter 393, F.S., which provides a family living environment including supervision and care necessary to meet the physical, emotional and social needs of its residents. The capacity of such a facility shall not be more than three residents.
   4. (d) “Live-in caregivers” means those individuals who are responsible for rendering paid services and supports within a residential facility to an individual with a developmental disability and whose primary residence is the same as that of the individual to whom they are rendering the aforementioned services and supports.
   5. (e) “Lot” means a parcel or tract of land defined by reference to recorded plats or by metes and bounds, or the least fractional part of subdivided lands having limited fixed boundaries or an assigned number, letter, or any other legal description by which it can be identified.
3. (3) All facilities seeking initial licensure, or licensure in a different licensing category, on or after July 1, 2014 must fully comply with the requirements of section 419.001, F.S., to the extent applicable.
4. (4) There shall be not more than three facilities within a radius of 1,000 feet. In addition, licensure of any facility located within 1,000 feet of another facility can only occur if a variance is first granted by the appropriate local government unit in accordance with the provisions of section 419.001, F.S.
5. (5) All distance requirements in this section shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home. The facility seeking initial licensure or a change in an existing license shall be included in the computation of numbers of facilities within a 1,000 foot radius.

6. (6) The requirements of subsections (4) and (5) of this rule do not apply to a “community residential home” located within a “planned residential community” as those terms are defined in section 419.001, F.S. A facility has the burden of establishing that it is a “community residential home” within a “planned residential community.” To satisfy this burden, a facility must provide the following documents with its initial license application and each subsequent license renewal application:

   1. (a) A copy of all local ordinances approving the planned residential community as a planned unit development; and,

   2. (b) Documents which verify that the facility:

      1. Is a community residential home located within a planned residential community;

      2. Is under unified control;

      3. Was planned and developed as a whole;

      4. Has a gross lot area of 8 acres or more; and

      5. Provides choices with regard to housing arrangements, support providers, and activities.

Rulemaking Authority 393.066(8), 393.067(1), 393.067(7), 393.501(1) FS. Law Implemented 393.066, 393.067, 393.501 FS. History–New 8-1-05, Formerly 65B-6.014, Amended 7-1-14, 3-26-26.