Miami-Dade Legislative Item
File Number: 042487
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File Number: 042487 File Type: Ordinance Status: In Draft
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: ORDINANCE PERTAINING TO ZONING; DEFINITION OF GROUP HOME Introduced: 8/27/2004
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 6
Notes: Title: ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-1(53.1) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING THE DEFINITION OF GROUP HOME; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 11/30/2004 Referred Infrastructure and Land Use Committee 4/12/2005

County Attorney 11/1/2004 Referred Governmental Operations and Environment Committee 12/7/2004

County Attorney 10/13/2004 Assigned Governmental Operations and Environment Committee 11/9/2004

Governmental Operations and Environment Committee 10/12/2004 3C Public Hearing deferred Governmental Operations and Environment Committee P
REPORT: Chairperson Seijas announced that the foregoing proposed ordinance was open for public participation. The following persons appeared before the Committee and spoke in support of the foregoing proposed ordinance: Ms. Jackie Ojeda, Manager, Metro Mercy House Pastor Steven Leste (phonetic), Metro Life Worship Center Ms. Diane O’Quinn Williams, Director, Department of Planning and Zoning, noted that the proposal would revise the definition for group home. Assistant County Attorney John McInnis stated that the ordinance was consistent with Florida Statutes, which allowed family foster care agencies and residential childcare agencies that are sponsored by religious organizations who received no state or federal funding to operate rather than the issuance of a license. Discussion ensued among the members of the Committee and staff regarding the non-requirement of a license by the State of Florida Department of Health and Rehabilitative Services for group homes, the potential abuse of the residents in this type of facility, the role of the Florida Association of Children Childcare Agency and the Department of Children and Families. Commissioner Sosa requested staff review the record of accomplishments of Metro Mercy House and provide her with a report. Commissioner Sosa asked that Ms. O’Quinn Williams meet with her to review the definition of halfway houses and the language in the foregoing proposed ordinance. Commissioner Martinez expressed concern with oversight and non-performance by these types of agencies. Further discussion occurred regarding the Florida Statute and the County zoning regulation requirements. Chairperson Seijas expressed concern with other organizations that may claim to be a faith-based organization and the monitoring of those agencies. She stated that she was not in support of this proposal to change the Code but would be supportive of a zoning variance for an unusual use due to the background of Metro Mercy House. In response to Commissioner Diaz comments pertaining to the need for the proposed ordinance, Ms. O’Quinn Williams stated that staff would work with the Metro Mercy House and the County Attorney to address the concerns raised by members of the Committee. Following further discussion and concerns expressed by the members of the Committee pertaining to oversight, Commissioner Diaz requested a meeting with Ms. O'Quinn Williams to address concerns with oversight and supervision of group homes. There being no other discussion, the Committee proceeded to defer the foregoing proposed ordinance to no date certain.

County Attorney 9/13/2004 Assigned Governmental Operations and Environment Committee 10/12/2004

Board of County Commissioners 9/9/2004 Scheduled for a public hearing Governmental Operations and Environment Committee 10/12/2004

Board of County Commissioners 9/9/2004 13Q Adopted on first reading 10/12/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and public hearing set for Governmental Operations and Environment Committee on October 12, 2004 at 9:30 a.m.

County Attorney 8/27/2004 Assigned Governmental Operations and Environment Committee 9/14/2004

County Attorney 8/27/2004 Assigned John D. Mc Innis 8/31/2004

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-1(53.1) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING THE DEFINITION OF GROUP HOME; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-1(56.1) of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 33-1(53.1) Group home. A dwelling unit licensed by the State of Florida Department of Health and Rehabilitative Services >>or successor agency<<, which is licensed to serve resident clients and which provides a living environment for not more that six (6) unrelated residents who operate as a functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded in said count. >>A residential child-caring agency or family foster home, as defined by Section 409.175, Fla. Stat., as amended, which provides a living environment for not more than six (6) unrelated residents and which satisfies the registration requirements set forth in Section 409.176, Fla. Stat., as amended, shall be deemed a group home within the meaning of this section and shall not require a license issued by the State of Florida Department of Health and Rehabilitative Services or successor agency.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged



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