01-31-13 Workshop MeetingCITY COMMISSION LktLl?:X1 tff:1[ H
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - THURSDAY, JANUARY 31, 2013
4:00 P.M. DELRAY BEACH CITY HALL - FIRST FLOOR CONFERENCE
ROOM
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The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
WORKSHOP AGENDA
1. Joint Meeting with the State Legislative Delegation regarding the City's 2013 Legislative
Priorities.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Richard J. Reade, Sustainability Officer /PIO
THROUGH: Douglas E. Smith, Interim City Manager
DATE: January 25, 2013
SUBJECT: AGENDA ITEM WS.1. - WORKSHOP MEETING OF JANUARY 31, 2013
2013 STATE LEGISLATIVE DELEGATION JOINT MEETING
ITEM BEFORE COMMISSION
The City Commission will hold a joint meeting with our State Legislative Delegation to discuss
the City's 2013 Legislative Priorities as well as shared priorities and concerns for the upcoming
legislative session.
BACKGROUND
The State of Florida's 2013 Legislative session is fast approaching (begins Tuesday, March 5, 2013 and
ends on Friday, May 3, 2013) and there are a number of issues that City has identified as priority
issues. In an effort to ensure that the City is well represented on the issues that directly affect our
community during the upcoming legislative session in Tallahassee, the Delray Beach City Commission
is scheduled to meet and discuss these priorities with Senator Maria Sachs, Representative Bill Hager
and Representative Bobby Powell.
During this meeting, the City Commission is expected to provide the City's 2013 Legislative Priorities
and discuss shared priorities and concerns for the upcoming legislative session with our State
Legislative Delegation and other locally elected officials. Some of the priority issues that are included
within the City's Legislative Priorities and may be discussed, include:
Tax Reform, Finance & Other Budget Related Issues
Develop Fair and Equitable Tax Structure
Unfunded Mandates to Local Governments
Municipal Pension Plans
Economic Development
. Proposed Enterprise Zone legislation (HB 255 Berman and SB Sachs — expected to be filed
shortly) to provided increase state financial incentives to create new business opportunities and jobs
within the City
Affordable & Accessible Property Insurance Reform
. Provision of more affordable and competitive property insurance by the state and/or private
insurance providers
Public Safety
Proposed Sober House Legislation
Prohibiting Synthetic Drugs
Planning & Environmental Related Issues
. Assistance with the City's Emergency Beach Renourishment Permitting for the north end of the
beach
Regulation of Internet Cafes
Preservation of the City's water resources
Voting & Public Information
. Expanded opportunities for early voting locations
Appropriations & Grant Funding
. Expanded State funding to assist in supporting the Delray Beach community, including Parks and
Recreation, Emergency Medical Services (EMS), Reclaimed Water, Police, Transportation, etc.
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2013 KEY STATE LEGISLATIVE ISSUES
CITY OF DELRAY BEACH
100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
(561) 243 -7010
WWW.MYDELRAYBEACH.COM
City of Delray Beach
Content
CITYCOMMISSION .................................................................... ............................... a
2013 KEY STATE LEGISLATIVE ISSUES ............................... ............................... 3
TAX REFORM, FINANCE & OTHER BUDGET RELATED ISSUES ......... 3
ECONOMIC DEVELOPMENT ................................... ............................... 4
AFFORDABLE AND ACCESSIBLE PROPERTY INSURANCE REFORM. 4
HOMERULE ............................................................... ............................... 5
PUBLIC SAFETY ISSUES ............................................ ............................... 5
TRANSPORTATION ISSUES ..................................... ............................... 5
PLANNING RELATED ISSUES ................................... ............................... 6
ENVIRONMENTAL ISSUES ....................................... ............................... 6
VOTING & PUBLIC INFORMATION ........................ ............................... 7
APPROPRIATIONS .................................................... ............................... 8
2013 KEY LEGISLATIVE DATES ................................................ ............................... 9
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MAYOR
THOMAS CARNEY
COMMISSIONER
AL JACQUET
City Commission
VICE -MAYOR
ADAM FRANKEL
COMMISSIONER
CHRISTINA MORRISON
DEPUTY VICE -MAYOR
ANGELETA GRAY
INTERIM CITY MANAGER
DOUGLAS SMITH
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2013 KEY STATE LEGISLATIVE ISSUES
TAX REFORM, FINANCE & OTHER BUDGET RELATED ISSUES
Develop Fair and Equitable Tax Structure: The City SUPPORTS legislation
that provides a fair and equitable tax structure and provides Delray Beach with the
flexibility to provide the level of services desired by our citizens. Legislation should
be developed that SUPPORTS simplifying and stabilizing Florida's state and local
tax revenue structure in a manner that provides fairness for both citizens and
businesses of our state, while addressing the realities that the current statewide
constitutional taxing structure imposes on all levels of government. Arbitrary caps
on property assessments, municipal expenditures or municipal revenues should be
OPPOSED.
Unfunded Mandates to Local Governments: The City SUPPORTS legislation
that strengthens the prohibition on existing and new unfunded mandates, requires
enhanced staff analyses and quantification of the costs to cities and ensures full
funding sources be assigned whenever unfunded mandates are identified. The
legislature should SUPPORT revisions to the current unfunded mandates
provision of the Florida Constitution that would eliminate unnecessary
exemptions. The revision should also ensure that any proposed law which contains
an unfunded mandate contain only a single subject matter and be enacted by
three - fourths vote of each house of the Legislature, only after a duly noticed public
hearing at which a current fiscal analysis is available.
Communication Services and Local Business Taxes: The City OPPOSES
legislation that restricts or eliminates the authority of municipalities to levy,
collect and /or expend the communications services tax and the local business tax.
Municipal Pension Plans: The City OPPOSES legislation that diminishes
municipal control over municipal employee pension plan management and
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funding or that increases municipal funding liabilities. The City will SUPPORT
legislation that provides comprehensive municipal firefighter and police officer
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by the City under F.S. Chapters 175 or 185 to be used to pay current pension benefit
costs and reduce the City's required pension funding contributions.
Police Officer and Firefighter Disability Presumptions: The City of Delray
Beach SUPPORTS reform legislation that restricts the current statutory disability
presumptions for firefighters and law enforcement officers relating to tuberculosis,
heart disease, or hypertension.
ECONOMIC DEVELOPMENT
Enterprise Zone: The City SUPPORTS SB by Senator Maria Sachs and HB 255
by Representative Lori Berman, which would provide authority for the City of
Delray Beach, within Palm Beach County, to apply to the Department of Economic
Opportunity for designation of an Enterprise Zone along the Delray Beach
Innovation Corridor and the West Atlantic Avenue corridor.
The Florida Enterprise Zone Program was created in 1982 to encourage economic
development in economically distressed areas of the state by providing incentives
and inducing private investment. It is the desire of the City to address the decline
in its principal office/ industrial corridor along Congress Avenue from the City's
southern border (at the City of Boca Raton line) to the northern border (at the City
of Boynton Beach line) as well as to promote new development
(commercial /office /retail) within the West Atlantic Avenue area of the City (from
NW /SW 4th Avenue to Congress Avenue). The Congress Avenue area has been
subject to extreme vacancy in both its commercial and office occupancies. It
further encompasses and borders on some residential areas that need a critical
uplift in investment and economic opportunity.
AFFORDABLE AND ACCESSIBLE PROPERTY INSURANCE REFORM
The City SUPPORTS legislation that addresses the need for more affordable and
competitive property insurance by the state and /or private insurance providers.
The City SUPPORTS efforts to reform the state - backed insurer, attract more
private insurance companies to Florida and encourage competition to reduce cost cuo
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of coverage.
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HOME RULE
Public Officers/ Severance Pay: The City SUPPORTS the repeal of SB 88, passed
in 2011, that restricts severance pay for any public officer, agent, employee or
contractor. The bill removes Home Rule authority over severance pay by creating a
limit of up to 20 weeks of severance pay.
PUBLIC SAFETY ISSUES
Sober Houses: The City SUPPORTS legislation that provides for more stringent
local regulation of these facilities. The City also SUPPORTS full enforcement of
existing state regulations on substance abuse provider licensing. Pursuant to 65D-
30.003, Florida Administrative Code, all substance abuse components must be
provided by persons or entities that are licensed by the Department of Children
and Families (DCF), unless otherwise exempt from licensing.
Regulation of Firearms and Ammunition: The City SUPPORTS the repeal of
HB 45, passed in 2011, which prohibits the City from implementing enforcement
action policies regarding firearms and ammunition regulation.
Synthetic Drugs: The City SUPPORTS legislation banning the manufacture,
possession, distribution, purchase or sale of synthetic drugs, including herbal
incense, bath salts, synthetic marijuana and /or any cannabinoids in the state of
Florida and also encourages funding for drug abuse education.
Texting While Driving: The City of Delray Beach SUPPORTS the modification
of traffic statutes to include texting while driving as an element of careless driving
(SB 52 Detert, SB 74 Sachs, SB 152 Altman, HB 13 Holder & Pilon).
TRANSPORTATION ISSUES
Transportation Funding: The City SUPPORTS legislation that provides
opportunities for additional revenue options to fund municipal transportation
o infrastructure projects. The City will SUPPORT legislation that:
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• Authorizes the Florida Department of Transportation to provide
proportionate, dedicated and recurring revenue for multi -modal
municipal and regional transportation projects.
• Prohibits the transfer of State Transportation Trust Funds for non-
transportation purposes.
PLANNING RELATED ISSUES
Billboards: The City SUPPORTS legislation that provides home rule authority for
municipalities to more strictly regulate outdoor signage /advertising, including
billboards.
Internet Cafes: The City SUPPORTS legislation that will either regulate
businesses operating internet "sweepstakes" gaming activities under the gaming
commission, or find them in violation of Florida Statues - Chapter 849 and
prosecuted accordingly.
Housing: The City SUPPORTS legislation providing $300 million for the national
foreclosure settlement agreement to designated neighborhood stabilization
programs to be used for existing local government affordable housing initiatives.
ENVIRONMENTAL ISSUES
Beach Renourishment: The City SUPPORTS assistance from the State in issuing
emergency permits, utilizing existing renourishment permits (to mitigate the
severe beach erosion that occurred during Hurricane Sandy on the north portion
of the City's beach).
The City SUPPORTS continued beach renourishment funding through the
Ecosystem Management and Restoration Trust Fund for our 2.65 mile beach. Both
State & Federal Funding for this project are critical to this important, ongoing
project.
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Water Management District Governance and Authority: The City of Delray
Beach will support legislation that amends the powers and duties of the water
management districts. Such legislation should:
• Require legislative ratification of any proposed rule change proposed by a
water management district that imposes a financial impact on a local
government, and
• Specify that water management districts have no authority to require local
government adoption or repeal of ordinances or to mandate the review or
approval of any ordinance.
Water Resources: The City SUPPORTS legislation which recognizes that
diminished water quality and quantity affect existing business, future economic
development, local and state government budgets and public health and safety.
The City SUPPORTS legislation that enables the City to retain the necessary tools
to meet obligations and responsibilities to comply with water quality standards
and water supply planning, development and source protection (i.e., fertilizer
ordinance). Further, the City SUPPORTS legislation that establishes
environmental, technical and scientific criteria for the protection and recovery of
water resources.
VOTING & PUBLIC INFORMATION
Advocacy Expenditures: The City will SUPPORT legislation to remove
restrictions in F.S. io6.ii3 that prohibits a local government, or any person on the
local government's behalf, from spending public money to advocate for the
passage or defeat of any issue, referendum or amendment going to a public vote.
Early Voting Sites: The City SUPPORTS legislation that would provide the
Supervisor of Elections with the option to designate any permanent public facility
as an early voting site.
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Public Notices: The City SUPPORTS legislation that would authorize
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newspapers (i.e. Internet posting and other suitable alternatives).
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APPROPRIATIONS
Expanded State Grant Funding: The City SUPPORTS expanded State grant
funding opportunities to enhance City staffing, services and programs (i.e., Parks
and Recreation, EMS, Reclaimed Water, Police, Transportation, etc.).
Judicial System Funding: The City strongly SUPPORTS the full funding of the
State Attorney, Public Defender offices and the Judiciary. Reduced court funding
has a significant impact on public safety due to the inability to complete the
processing of cases. The City makes arrests, but the court system is so
overwhelmed due to reductions in funding that cases are "no filed" or "nolle
prossed" by the State Attorney's office or lost in court due to speedy trial
requirements. Thus, full funding of the court system to include the Juvenile
Assessment Centers statewide is critical to public safety. The City also
SUPPORTS the following revenue enhancements for the court system:
• Expansion of the $65 mandatory court fee to be applied to civil cases in
addition to the already allowed criminal cases. This fee would allow for
additional revenue to fund the state court system.
• Continuation and enhancement of the $a.00 recording fee to be distributed
to counties to fund court - related technology needs.
• Full funding for statewide traffic hearing officer programs.
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2013 Key Legislative Dates
January Zoi
14 -18 House and Senate Interim Committee Meetings
22 -25 House and Senate Interim Committee Meetings
February 2013
4 -8 House and Senate Interim Committee Meetings
11 -15 House and Senate Interim Committee Meetings
18 -22 House and Senate Interim Committee Meetings
26 -27 Federal Action Strike Team (FAST) Fly -in to Washington, D.C.
March 2013
5 Legislative Session Convenes
5 -6 Palm Beach County Day 2013
9 -13 National League of Cities Congressional City Conference,
Washington, D.C.
19 -20 Florida League of Cities Legislative Action Days, Tallahassee
May 2013
3 Last Day of Regular Session
August 2013
15 -17 Florida League of Cities Annual Conference, Orlando
November 2011
21 -22 Florida League of Cities Legislative Conference, Orlando
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*Dates subject to change*
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From: Smith, Douglas
Sent: Thursday, January 10, 2013 4:01 PM
To: 'McGovern, Michelle (Bill Nelson)'
Cc: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; Morrison, Christina; Dorling, Paul; Reade,
Richard
Subject: RE: Beach Renourishment Contact
Michelle,
Here is some information about our request for assistance in working with the Florida Department of
Environmental Protection. Any assistance that your office is able to provide in helping us with this issue
is greatly appreciated. I have also included a contact name at FDEP. If we can provide any additional
information, please let me know. Thanks.
The City of Delray Beach will be constructing its fifth periodic beach renourishment project in one
month. The volume of sand to be placed on the beach is estimated to be 1,208,000 cubic yards. The
source of the sand to be placed on the beach is an underwater borrow area located approximately 2500
feet from shore. This sand source was previously used for beach renourishment projects in 1973, 1978,
1984, 1992, 2002, 2005 (storm damage repair project) and will be used for the 2013 beach
renourishment project. The sand is highly compatible with the existing beach sediment of Delray Beach.
The Florida Department of Environmental Protection issued to the City of Delray Beach a permit to
renourish the beach using the offshore borrow area (permit number 0303553 - 001 -JC) on January 27,
2012. The permit was issued following extensive geotechnical investigation conducted by the City and
provided to the FDEP. The FDEP concurred that the borrow area sediment was appropriate for beach
renourishment in Delray Beach.
Due to the impact of Hurricane Sandy, the dune line in the northern part of the City was damaged by the
waves generated from the storm and require repair. However, this area is not within the beach
renourishment project area and cannot be included in such a short time frame. The City proposes to
repair the dunes and would like to take full advantage of the presence of a dredge by stockpiling a
modest volume of 1,500 cubic yards of sediment from the vetted and permitted beach renourishment
project borrow area for use in repair of the dunes. The 1,500 cubic yards will be stockpiled on the
restored beach by the dredge operation and trucked about 3000 feet north to the damaged dune. The
estimated cost if sand taken from the borrow area is used is approximately $15 /cubic yard. If the City
were required to use an upland source of sand, the estimate is $45 /cubic yard, or triple the cost.
The City has been informed that the Florida DEP will not authorize use of offshore sand for renourishing
the north beach area under the State's emergency order for dune restoration making the only option
currently available the more expensive method of trucking in sand ($45 /cubic yard). Please contact Mr.
Littlejohn at FDEP at 850 - 245 -2037 to request reconsideration of this decision. Thank you for any help
that you are able to provide.
Doug Smith
Interim City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Phone: (561) 243 -7144
Fax: (561) 243 -7199
Email: smithd(c-)mydel ray beach.com
Web: www.mydelraybeach.com
Follow CityDelrayBeach on Twitter
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
H B 255
A bill to be entitled
An act relating to enterprise zones; creating s.
290.0079, F.S.; authorizing the City of Delray Beach
to apply to the Department of Economic Opportunity for
designation of an enterprise zone; providing an
application deadline and requirements for the area of
the enterprise zone; requiring the department to
establish the effective date of the enterprise zone;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
2013
Section 1. Section 290.0079, Florida Statutes, is created
to read:
290.0079 Enterprise zone designation for the City of
Delray Beach. —The City of Delray Beach may apply to the
department for designation of one enterprise zone encompassing
an area not to exceed 10 square miles within the City of Delray
Beach. The application must be submitted by December 31, 2013,
and must comply with the requirements of s. 290.0055.
Notwithstanding s. 290.0065 limiting the total number of
enterprise zones designated and the number of enterprise zones
within a population category, the department may designate one
enterprise zone under this section. The department shall
establish the initial effective date of the enterprise zone
designated under this section.
Section 2. This act shall take effect January 1, 2014.
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hb0255 -00
Sober House Legislation - Option No. 3 revised 12 -18 -12
1 A bill to be entitled
2 An act relating to substance abuse services;
3 amending s. 397.311, F.S., defining the term
4 "sober house transitional living home ";
5 amending s. 397.403, requiring that sober
6 house transitional living homes e licensed
7 and providing for distance li tations
8 between them; limiting applicability;
9 providing an effective
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11 Be It Enacted by the Legi
ture of
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13 Section 1. Section 397.311,
14 amended, and subsection s. 397.311(18)
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lorida:
da Statutes, is
aO . is added to read:
28 (3) "Beyond the safe management capabilities of the
29 service provider" refers to an individual who is in need of:
30 (a) Supervision;
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Sober House Legislation - Option No. 3 revised 12 -18 -12
23 out the purpose of the disclosure.
24 (9) "Fee system" means a method of establishing charges
25 for services renderad, in accordance with an individual's ability
26 to pay, used by providers that receive state funds.
27 (10) "For profit" means registered as for profit by the
28 Secretary of State and recognized by the Internal Revenue Service
29 as a for - profit entity.
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Sober House Legislation - Option No. 3 revised 12 -18 -12
18 condition involving the use of alcoholic beverages or any
29 this chapter, a private for - profit or not - for - profit agency under
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this chapter, a physician, or any other private practitioner
licensed under this chapter, or a hospital that offers substance
abuse services through one or more licensed service components.
(18) Licensed service components include a comprehensive
continuum of accessible and quality substance abuse prevention,
intervention, and clinical treatment service including the
misuse of drugs and alcohol and p omote a health drug -free
23 treatment and
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tive services.
ight treatment with community
housing" means a p ram intended for individuals who can benefit
from living independently in peer community housing while
participating in treatment services for a minimum of 5 hours a day
for a minimum of 25 hours per week.
4. "Detoxification" is a service involving
subacute care that is provided on an inpatient or an outpatient
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basis to assist individuals to withdraw from the physiological and
psychological effects of substance abuse and who meet the placement
criteria for this component.
6. "Intensive out ttlbnt t
that provides individual or gro tinseling i
environment, is of higher intensity and duration
at" is a service
more structured
outpatient
placement
is component.
11%k W idential treatment" is a service provided in
a structured live -in environment within a nonhospital setting on a
24- hours - per -day, - days - per -week basis, and is intended for
individuals who meet the placement criteria for this component.
27 10. "Sober house transitional living home" means a
28 residential dwelling unit that provides a peer- supported and
29 managed alcohol -free and managed drua -free living environment.
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Sober House Legislation - Option No. 3 revised 12 -18 -12
1 (b) "Intervention" means structured services directed
2 toward individuals or groups at risk of substance abuse and focused
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(19) "Medication- assisted treat rit (MAT
medications approved by the United States Food
Administration, in combination wit unselin
therapies, to provide a holistic app c 1
substance abuse.
s the use of
of
23 to practice medicine or licensed under chapter 459 to practice
24 osteopathic medic in and may include, if the context so
25 indicates, an intern or resident enrolled in an intern or resident
26 training program affiliated with an approved medical school,
27 hospital, or other facility through which training programs are
28 normally conducted.
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Sober House Legislation - Option No. 3 revised 12 -18 -12
29 approach to monitor and continuously improve the quality of
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services in order to maintain, restore, or improve outcomes in
individuals and populations throughout a system of care.
(28) "Recovery" means a process of personal change through
which individuals achieve abstinence from alcohol or drug use and
improve health, wellness, and quality of life.
(29) "Recovery support" means service designed to
strengthen or assist individuals to regain ills, develop the
environmental supports necessary to hel
the community, and meet life goal
alcohol and drug use. These ser
individual thrive in
e recovery from
are not
limited to, economic, vocation employment, e tional,
housing, and other ancillary servi
(30) "Screening" means the gathering of initial in
rmation to
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be used in
determining a person's eed for assessment, services, or
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referral.
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(31)
"Secure facility," except wher
e ntext indicates a
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correctional s facility, meafrture provi
r that has the
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authority
to Bete the premature
of involuntary
30 a private for - profit or not - for - profit agency, a person who is a
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private practitioner, or a hospital licensed under this chapter
or exempt from licensure under this chapter.
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Sober House Legislation - Option No. 3 revised 12 -18 -12
1 Section
2. Section 397.403,
Florida Statutes, is
2 amended, and
subsections 397.403(4),
(5), (6), (7), (8), (9),
3 and (10) are
added to read:
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5 397.403
License Application. -
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7 (1) Applicants for a license
and this chapter must
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apply to the department on forms provided by the department
and in accordance with rules addp y t department.
Applications must include at aminimum:
(a) Information establishing the nam d address of
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the applicant service provider a its +ect(r, d also of
each member, owner, of zcer, and shareholder, if any.
(b) Information establishing t e competency and
ability of the applicant s ice provider and its director to
carry out the require nts o this chap r.
(c) N f s sfactory to the department of the Mk
applicant servrovider's financial ability and
organizationa \apabi�l ity to oper in accordance with this
chap
(d) f ility insurance coverage in
amounts set by the artme t by rule.
23 (e) Sufficient information to conduct background
24 screening as provided in s. 397.451.
25 1. qwIf the results of the background screening
26 indicate that any owner, director, or chief financial officer
27 has been found guilty of, regardless of adjudication, or has
28 entered a plea of nolo contendere or guilty to any offense
29 prohibited under the screening standard, a license may not be
30 issued to the applicant service provider unless an exemption
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Sober House Legislation - Option No. 3 revised 12 -18 -12
11 remove the person from that position and shall n ify the
12 department within 2 days after su remo 1, exclu weekend:
13 and holidays. Failure t remove the owner, director, or chief
14 financial officer will result i revoca n of the provider's
15 license.
16 (f) Proof of®satisf�c ire, safety, and health
17 inspections, and compliance wit local zoning ordinances.
18 Service providers operating unde a regular annual license
19 shall have 18 months from the exp tion date of their regular
20 license within which to meet local zoning requirements.
21 Applicants for a new license must demonstrate proof of
22 compliance with ji re ements prior to the department
23 issuing a Nationa license.
24 (hensive outline of the proposed
25 services f
26 1 new applicant; or
27 2. Any licensed service provider adding a
28 new licensable service component.
29 (2) The burden of proof with respect to any requirement
30 for application for licensure as a service provider under this
31 chapter is on the applicant. (3) The department shall accept
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the local government shall be notified in writing by the
applicant. Such notification shall include the number of
proposed residents and shall indicate which licensed service
components as referenced in s. 397.311(18) shall be provided on
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site. The local government shall review the notification in
accordance with the zoning and occupancy standards of the
jurisdiction.
(b) Pursuant to such review, the local government
may:
1. Determine that the siting of the facility is
in accordance with local zoning and occupancy standards and the
distance limitations referenced in this section and approve the
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siting. If the siting is approved the fac' 'ty may be
established at the site selected"
residences in the community such that the nature and character
of the area would ubstantially altered. A facilitv that is
located within a radi
of 1;000 feet of another existinc
vear of the effective date.
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local ordinances
not in this section prohibits a local
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