Fort Walton Beach Council minutes — 09-29-1992 Special — reading text

years of age. and asked if anything restricts Mr. Price from allowing 19 to 20 year olds to live in the facility. It was noted that Mr. Price was not present at the meeting. Rodney Johnson. attorney for Department of Health and Rehabilitative Services, said some of the events that are occurring this evening is a surprise to the Department as well. He explained that in July of this year the licensing function of these types of facilities has been removed from belongs with the HRS and now Department of Professional Regulations. He went on to explain the process applied to these situations once notice is received that the facility is licensed. He referenced F. S. 419. 001 and informed they have not received notice that this facility is licensed. He explained that is the reason they have not notified the local government of that facility. He felt the Florida Statute is clear that these homes with six or fewer residents are exempt from public hearings prior to issuance of the license, and said HRS is still required to notify the local government. A question was posed regarding the necessity to notify the City once it is licensed when the City has no say in it. Mr. Johnson responded the result of the Statute appears to be no debate as far as local government whether a license is issued to a facility such as this. He did not know if that was the purpose. The Statute does not appear to give any review by local government of these six and fewer population Adult Congregate Living Facilities. However. the Statute does address the larger facilities with more than six residents which would be subject to review from the local government.  SPECIAL MTG - ACLF AT 227 MCARTHUR 9- 29- 92 181 227 MCARTHUR ( CONI'.) It was noted F. S. 419. 001 stipulates that a community residential home needs a dwelling unit license to serve clients of the HRS. and the question was asked if this means the facility can serve only these people. Mr. Johnson replied the ACLF will serve individuals that meets the qualifications of the facility. He mentioned it would often be clients or parcipients of services from the HRS. but it would not necessarily need be. I A the and of reference defined the this the was dwelling made unit to F. S. licensed Department of Health and Rehab ilitative Services, question was asked if Mr. Price is in violation license process, 419. 001 ( 1) (a), to serve clients which of Esther Warwick. with HRS. responded this facility is considered a business. and business. the person has as a a right to admit or reject any HRS client. She informed that Mr. Price I s plans are to have no HRS clients, basically because they deal with people who cannot pay the rates he is going to charge. She said as a licensed person. he has that right. She pointed out the law that Mr. Price is licensed under is Chapter 400 of the F. S. which specifically deals with Adult Congregate Living Facilities. In that Statute. it more or less says. as a business person. he can accept anyone he wants. except that he cannot reject a person based on race. creed, or color. When a question was asked regarding toilet facilities, Ms. Warwick replied toilet facilities are based on up to six people. one toilet and one bathtub. She noted if her figures are wrong. the Florida Statutes addresses space requirements, toilets, showers. etc. Mr. Rothbauer' s question regarding the age of residents was reiterated, and Mr. Johnson replied it would be over the age of 18. When asked if someone in drug rehabilitation could reside there. Mr. Johnson said those undergoing drug rehabilitation or are in a criminal or delinquency type situation would not be allowed to live there. A question was raised regarding the square footage of the home, and neither Mr. Johnson nor Ms. Warwick knew. A request was then made of staff to check into the footage of the home if I square to see it meets requirements. When asked if the City has to issue a business license or any type license at all. the City Manager replied of not for a community residential home that is defined in Chapter 419. He noted. however. he is hearing about some other chapters. He also mentioned he has seen a copy of a license from the Department of Health and Rehabilitative Services. and expressed his confusion. 182 9- 29- 92 SPECIAL MTG - ACLF AT 227 MCARTHUR AVENUE 227 MCARTHUR ( CONT.) When a suggestion was made that Council should take action such as direct the City Attorney to seek. an injunction against any occupancy of this type of the facility, the City Attorney said in order for them to prevail on obtaining an injunction. they would have to