Florida SB 1238: Regulatory Reform

Bill Text

1238 
Residential Living Arrangements 
2026-01-06T10:48:18Z 
Providing that a community residence is a residential use of property; providing that a family community residence or transitional community residence constitutes a residential use allowed in specified zoning districts if certain requirements are met; providing that a proposed community residence may receive a reasonable accommodation if the sponsoring entity demonstrates that specified requirements are met; requiring that a recovery community be licensed or certified by a licensing or certifying entity, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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