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Res No 094-96-9848ib RESOLUTION NO. � , • • s A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, CHAPTER 419 LOWERING OF FLORIDA, OF THE REQUESTING THAT THE LEGISLATURE AMEND THE FLORIDA STATUTES TO PROVIDE FOR A THRESHOLD FROM COMMUNITY RESIDENTIAL HOMES IN SIX TO FOUR RESIDENTS IN SINGLE - FAMILY RESIDENTIAL ZONES, IMPOSING A REQUIREMENT OF LIVE -IN SUPERVISION AT A RATIO OF 2:1 FOR RESIDENTS OF SUCH HOMES, AND FOR PERMANENT REMOVAL OF SUCH RESIDENTS THAT ARE FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida has pre zoning ordinances throughout the state that restrict the handicapped, or marriage, in single- family residential zones placement of groups elderly and /or juvenile from living together WHEREAS, community res institutional for decent, persons, as in - empted municipal might otherwise of six or fewer persons, unrelated community resident • and,, the State of Florida has idential homes may be a livin for such ersons safe well disabled, by blood ial homes recognized that, although preferred alternative to g p there is a need to provide and as a n sanitary living conditions for such eed to protect the welfare of the residents of the communities residential homes are placed; and, health, safety, and into which community WHEREAS, Chapter 419 of the Florida Statutes provides for spacing requirements for community residential homes and other local reviews when community residential homes accommodate more than six residents, all in recognition that through the State is attempting to balance community residential homes with the into which they are placed; and, the needs needs of Chapter 419 of residents of the communities WHEREAS, recent incidents in Miami Shores Village involving HRS licensed community residential homes have raised concerns that Chapter 419 of the Florida Statutes, as presently drafted, does not properly or adequately balance the rights and needs of the residents of community residential homes with those of the residents of communities in which they are placed; and, HB 2255 Resolution 1 F it and r WHEREAS, recent incidents in Miami Shores Village have made apparent that there is a need to provide full -time supervision to insure adequate living space for residential homes, homes, and of the are placed; and for the residents residents of community protection of the residents of such of the communities into which they WHEREAS, HB 2255 is currently pending in Florida's House of Representatives and HB 2255 is designed to amend Chapter 419 of the Florida Statutes identified by counties have been placed; and, WHEREAS neighboring to address and remedy similar defects into which community residential homes J. the City of South Miami desires to community of Miami Shores Village in this support our effort . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby encourages the Florida House Section 1 of HB 2255 as follows: "Section 10 to read: of the City of South Miami of Representatives to amend Section 419.001, Florida Statutes, is amended 419.001 Site selection of community residential homes. - (2 ) Homes of � four or fewer residents meet the definition of a community residential deemed a single- family unit and a noncommercial for the purpose of local laws and ordinances. or f ewer community residents which otherwise residential home shall be meet the allowed in which otherwise home shall be residential use Homes of si four definition of a single - family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with si four or fewer residents. Such homes with si four or fewer residents shall not be required to comply with the notification provisions of this section; provided, however, that the sponsoring agency or the department notifies the local government at the time of home occupancy that the home is licensed by the department. HB 2255 Resolution 2 To Mayor and City Commission From Leox City Manager REQUEST: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM ft Date: Re: Agenda Item # A I Comm. Mtg. 01/16/96 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TIE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THAT THE LEGISLATURE AMEND CHAPTER 419 OF THE FLORIDA STATUTES TO PROVIDE FOR A LOWERING OF THE THRESHOLD FROM SIX TO FOUR RESIDENTS IN COMMUNITY RESIDENTIAL HOMES IN SINGLE - FAMILY RESIDENTIAL ZONES, IMPOSING A REQUIREMENT OF LIVE-IN SUPERVISION AT A RATIO OF 2:1 FOR RESIDENTS OF SUCH HOMES, AND FOR PERMANENT REMOVAL OF SUCH RESIDENTS THAT ARE FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE; AND, PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: The Mayor of Miami Shores Village, Louis S. Imburgia, Jr., has requested that the City adopt a resolution similar in form to that adopted by Miami Shores to encourage and request that the Florida House of Re resentatives adopt legislation to amend the provisions of State law which p permit Community Residential Homes in single- family residential neighborhoods. N: Approval. Attachments: Letter from the Mayor of Miami Shores Village Proposed Resolution for Adoption by Commission HB 2255 Resolution 1 2460 - z.45;OC, zoZE -96 03/25/96 14:5? MSV RESOLUTION NO_ 843 -96 A RESOLUTION REQUESTING THAT THE LEGISLATURE AMEND CHAPTER 419 OF THE FLORIDA STATUTES TO PROVIDE FOR: A LOWERING OF THE THRESHOLD FROM SIX TO FOUR RESIDENTS IN COMMUNITY RESIDENTIAL HOMES IN SINGLE FAMILY RESIDENTIAL ZONES, IMPOSING A REQUIREMENT OF LIVE -IN SUPERVISION AT A RATIO CAF Q 2:1 FOR RESIDENTS OF SUCH HOLIES, AND, FOR PERMANENT REMOVAL OF SUCH RESIDENTS THAT ARE FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 002 - WHEREAS, the State of Florida has pre- empted municipal zoning ordinances throughout the state that might otherwise restrict the placement of groups of six or fewer disabled, handicapped, elderly and/or juvenile persons, unrelated by blood or marriage, ential zones; and WHEREAS, the State of Florida has recognized that, although community residential homes may be a preferred alternative to institutional living for such persons, there is a need to provide for decent, safe and sanitary living conditions for such persons, from living together in Community residential homes in single- fiamily resid as well as a need to protect the health, safety and welfare of the residents of the communities into which community residential homes are placed; and WHEREAS, Chapter 419 of the Florida Statutes provides for spacing requirements for community residential homes and other local reviews when community residential homes accommodate more than six residents, all in recognition that through Chapter 419 ttte State is attempting to balance the needs of residents of community residential homes with the needs of the communities into which they are placed; and Page 1 Z abed uolleo1lou ayl 4M.m Aldwoo of pai!nbal aq lou lleus sluepisel lomal ao �JM xs yj!M sawoy tyone usluaplsei Jam9l Jo . 41!m awoy yons 6uilsixa jayloue jo Is% 000`L jo empej a unyl!na poleool aq lou Heys Saluoy yons }e4l popmJd `luawwano6 leool ay} Aq leAoadde Znoyl,m 6uluoz Aliwe tpw jo Al!wel- al6u!s ul pamolie aq llegs ewoy lelluepisal &iunwwo3 1e jo uoi:lu!;$p ayl laauu asin�uay�o y3iLlm sluaplsai jomi4 jo jnWj m jo s9wOH 'sa3usutp�o pue sMel leool jo asodind at4l lob asn lelluspisw 'lelojau wo3uou a pue dun Aliwei -alfte a pawaap aq lleys awoy letluepisai Munwwoo a jo uolv.u!jap ayl 109W astmwat4lo yotyM %usp!saj isms; Jo In �s Jo sawOH (Z) — 'savoy lei�uapis� A4! 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