CORRESPONDENCE
CORRESPONDENCE!
(LETTERS)
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M1;MORANDUM
To MIchael'vV Rumpf, Director ofPlanmng and Zomng, City of BOynton Beach
CecIl Bennett, ClllefExecutlve Officer, Health Care DIstnct of Palm Beach County
Lorenzo Aghemo, Planmng DIrector, Plannmg, Palm Beach County
Remar Han m, Housmg and Commumty Development, Palm Beach County
From \Vvl1sum Hatton, ICR Coordmator
Date Januarv 8 2003
Subject Mortgage Insurance for a ResIdential ChemIcal Dependence Treatment Center
TCRPC Reference #03-PB-OI-0l
SAI#. FL200212263250C
Deadline for Reply- January 21,2003
The State Cleannghouse has forwarded the referenced applIcatIOn to the CouncIl for revle,,, under the
Flonda Intergovemmental CoordmatIOn and ReVle\\ (ICR)/Coastal Zone Management Program.
As part of our reVIew, we are solicItmg the comments of neIghbonng or affected JunsdlctIOns and
agenCIes Attached IS a bnef summary and/or copy of pertment documents for your reVIew The full
applicatIOn IS aVaIlable for reVle\\ m our office Your comments, If any, should focus on
:1) consistency of the proposal wIth adopted plans and poliCIes
b) effect upon the natural, SOCial or economIC envlrorunent
c) uuphcatlon of ongomg projects or programs
If VOLl desnt: LO comment on thIS apphcatIOn, vour remarks must be reCel\ ed by the above referenced date
so that tb, Ii"l) be fOf\\arded along WIth our revIew to the State Cleannghouse
Please do l:ot heSItate to call If vou hay e any questIOns or need further mformatlOn.
<\ ttachment
JAN - 9 2003
&&Bringing Communities Together" · Est 1976
1.1 East Ocean Boulevard
Suite 1..
Stuart Florida 54"4
Phone (772) 221 4'" SC 2" 4'" Fax (772) 221 4.67 E ..ail ad...in(ij)tcrpc.orll"
FLOR -A STATE CLEARINGHO :;E
RPC INTERGOVERNMENTAL COORDINATION
AND RESPONSE SHEET r
s~
I
SAI# FL200212263250C
COMMENTS DUE TO CLEARINGHOUSE
DATE.
12/23/02
1/25/03
AREA OF PROPOSED ACTIVITY
COUNTY PALM BEACH
CITY Boynton Beach
Ii] FEDERAL ASSISTANCE
DIRECT FEDERAL ACTIVITY
FEDERAL LICENSE OR PERMIT
IOCS
PROJECT DESCRIPTION
U.S. Department of Housing and Urban Development - Mortgage Insurance - Nursing Homes, Intermediate Care Facilities and
Board and Care Homes - Construction of 60-Unit Residential Treatment Facility for ChemicallY-Dependent Adults - Watershed
Treatment Center - Boynton Beach, Palm Beach County, Florida.
ROUTING
RPC
X TREASURE COAST RPC
PLEASE CHECK ALL THE LOCAL GOVERNMENTS BELOW FROM WHICH COMMENTS HAVE BEEN
RECEIVED, ALL COMMENTS RECEIVED SHOULD BE INCLUDED IN THE RPC'S CLEARINGHOUSE
RESPONSE PACKAGE. IF NO COMMENTS WERE RECEIVED, PLEASE CHECK "NO COMMENT"
BOX Al\'D RETUR.~ TO CLEARINGHOUSE.
COMMENTS DUE TO RPC
l/16/03
NO COMMENTS.
(IF THE RPC DOES NOT RECEIVE COMMENTS BY THE DEADLINE DATE, THE RPC SHOULD CONTACT
THE LOCAL GOVERNMENT TO DETERMINE THE STATUS OF THE PROJECT REVIEW PRlOR TO
FORWARDING THE RESPONSE PACKAGE TO THE CLEARlNGHOUSE)
NOTES
ALL CONCERNS OR COMMENTS REGARDING THE A TT ACHED PROJECT (INCLUDING ANY RPC
COM~fENTS) SHOULD BE SENT IN WRITING BY THE DUE DATE TO THE CLEARINGHOUSE.
PLEASE A TT ACH THIS RESPONSE FORM AND REFER TO THE SAI # IN ALL CORRESPONDENCE.
IF YOU HAVE ANY QUESTIONS REGARDING THE ATTACHED PROJECT, PLEASE CONTACT THE STATE
CLEARINGHOUSE AT (850) 414-6580 OR SUNCOM 994-6580
.PPLlCA TION FOR ...,' 2. Date Submitted Applican.....,tifier
EDERAL ASSISTANCE
TYPE OF SUBMISSION' 3. Date Received By State State Application Identifier
APPLICATION PRE APPLICATION
XI Construction D Construction 4 Date Received By Federal Agency Federal Identifier
~ Non-Construction D Non-Construction
APPLICANT INFORMATION
Legal Name: Organizational Unit:
Watershed Treatment Center
Address (give city county state and zip code): Name and telephone number of the person to be contacted
on matters involving this application (give area code)
Southeast Corner of Beta Drive and Park Ridge Road
Boynton Beach, Palm Beach County Florida 33426 Jeffrey A. Mion, (678) 775-6767 extension 1060
EMPLOYER IDENTIFICATION NUMBER (E Applied For 7 TYPE OF APPLICANT (ENTER APPROPRIATE LETTER IN BOX. ~
III I I I I I I I I A. State H. Independent School Dist.
B. County I State Controlled Institution
TYPE OF APPLlCA nON C Municipal of Higher Learning
XI New D Continuation D Revision 0 Township J Private University
E. Interstate K. Indian Tribe
If revision, enter appropriate letter(s) in box(es): F Inter-municipal L. Individual
A. Incr~~.e Award C Increase Duration G Special District M Profit Organization
B Decrease Award D Decrease Duration D D N. Other (Specify):
Other (Specify): 9 NAME OF FEDERAL AGENCY
U S Department of Housing and Urban DevelopmenUFHA
0 CATALOG OF FEDERAL DOMESTIC ITI:IJ I 1 I 2 I 9 I 11 DESCRIPTIVE TITLE OF APPLICANT'S PROJECT
,SSISTANCE NUMBER:
Watershed is a proposed 60-unit (120-bed) residential treatment
facility for chemically dependent adults.
TITLE. Mortgage Insurance Nursing Homes, Intermediate
Care Facilities and Board and Care Homes
2. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
Boynton Beach, Palm Beach County Florida
3 PROPOSED PROJECT 14 CONGRESSIONAL DISTRICTS OF
aart Date Ending Date a. Applicant: :b Project
6/30/2003 6/30/2004 20th I' 22nd
5 ESTIMATED FUNDING: 16. IS APPLICANT SUBJECT TO REVIEW BY STATE EXECUTIVE
Federal ORDER 12372 PROCESS?
$
Applicant: a. YES. This preapplication I application was made available to
S 7,091,600 Ihe State Executive Order 12372 process for review on.
State
$ DATE. 12/16/2002
Local
$ b. NO D Program is not covered by E. 0 12372
Other D Or Program has not been selected by State for
$ review
Program income 17 IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
$
TOTAL D YES IF "YES" attach an explanation. m NO
$ 7,091,600
8. To the best of my knowledge and belief all data in this application/pre application are true and correct. The document has been duly authorized by the
goveming body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
Typed Name of Authorized Representative b. Title c. Telephone Number
Jeffrey A. Mion Senior Vice President (678) 775-6767
SignatlJilLPf Authorized Representative e. Date Signed
< ~ ./7 -Q ~_~ 12/16/2002
evio~ditiorfs '05solete SF 424
Appl ic.ation for Project Mortgage
Insurance Nursing Homes, Intermediate
Care Facilities, and Board and Care Homes
U S Department of Housing and
Urban Development
Office of Housing
Federal Housing Commissioner
P~b!ic reporting burden for this collection of information is estimated to average 64 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data need, and completing and reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Office of
Information Policies and Systems, U.S. Department of HouSi:lg and Urban Development, Washington, DC. 20410.3600 and to the Office of Management and
Budget. Paperwork Reduction Project (2502.0029), Washington, DC 20503. Don not send this completed form to either of these addresses.
Project Name Project Number
Watershed Treatment Center 0
and the Secretary of Housing and Urban Development. The Undersigned hereby requests a loan
to be insured under the provisions of Section 232 of the National Housing Act,
erly hereinafter described. Insurance of advances during construction is, is not desired
Tax.Exem t Bond Other T e of Mort a or' X PM NP
I
12. Year Built
Proposed
4
BC 0
NH 0 ICF 120
13. Accessory Buildings
3. County
Palm Beach County
9 Avg. Basic Monthly
Charges P B.
Florida
10 Avg. Other Monthly
Charges P B.
5
2. Municipality
Boynton Beach
Floors 8. No. of Beds
None
acres
ft.
or
or
6.48
Building Information
ft. by 15 Zoning (if recently changed, submit evidence)
Acres Permissive
Building Information
16 Structural system
17 Exterior Finish
18. Heating AlC System
B I f
Wood Frame
d P
Central
. n ormation Concerning Lan or ropert
19 Date 20 Purchase 21 Cost Paid 22. If Leasehold 23. 24 Relationship.Business Personal or
Acquired Price Or Accrued Annual Ground Ren Total Cost Other Between Seller & Buyer
Optioned $1.079.613 $1.079.613 Business
25 Utilities. Public Community 26. Unusual Site Features -E .
Water tB 8 Cuts DFills BRock Formations _ rOSlon
Sewers Poor Drainage High Water Table _ Retaining Walls
Other (Specify) X None
26a. Special (a)UPrepayable Non.Prepayable
Assessments.
(b) Principal Balance
(c) Annual Payment
(d) Remaining Term in yrs.
C, Estirnate of Income Trended to O-Jan-OO Est Monthly
27 Type of Room or Unit Number of Beds Estimated Rate Monthly Income at Total
Nursing Intermed. Board & Care Nursing Intermed. Board & Care 100% Occup
Detox Beds 28 9,125 $255.500
Rehabilitation Beds 72 9125 $657 000
Partial Hospitali2.ation 20 9.125 $182.500
Total Monthly Income $1095.000
28. Other Income (List) Ancillary $ 18.250 Per Month
Miscellaneous $U68.000 Per Month
Total Other Income $1.186.250
29 Total Monthlv Income-All Sources $2.281,250
30 Total Estimated Annual Gross Project Income at 100% Occupancy (Line 29 x 12 Months) $27,375.000
31. Non-Revenue Producing Space
Type of Employee No. Rms. Composition of Unit Location of Unit in Proiect
Not applicable
Replaces FHA 2013.NH ICF
which May be Used until Supply is Exhausted
Page 1 of 6
Facsimile by ACR
form HUD.92013.NHICF (05/92)
ref Handbooks 4480 1 &4600 1
V"'
Watershed Treatment Center
\. ...
-
D P II S I . )
ayro ( a arles
Position No. Monthlv Rate Total Annual Position No. Monthlv Rate Total Annual
32. Admin. 35 Housekeeping
Total Administrative $0 Total Housekeeping $0
33 Bldg. & Grounds 36. Nursing Service
Total Buildings and Grounds $0 Total Nursing Services $0
34 Dietary 37 Other Salaries
Total Dietary $0 Total other Salaries $0
38. Estimated annual Salaries $0
F Estimated Annual Operating Expenses
Administrative Other Expenses
33. Program and Activities
1 Telephone & Telegraph 34 Library
2. AdvertiSing 35 Automobile Expense
3 Insurance and Liability 36. Total Other Expenses $0
4 License or Permit 37 Total Salaries (line 0.38) $9968.491
5 Legal and Audit 38. Repl Reserve (Realty)( 006 x Line H.8) $33.356
6 Miscellaneous 39. Expenses (Less Taxes) $ 16.407805
7 Office Expense
8. Total Administrative $3. 161 484 Taxes
40 Real Estate Est. Assessed Val
Building and Grounds $ @$ Per $1000 $240.000
9 Decorating.lnterior and Exterior 41 Personal Prop. Est. Assessed Val.
10 Heating $ @$ Per $1000 $0
11 Electricity 42. Employee Payroll Tax
12. Water 43. Employee Social Security $0
13. Gas 44 Other $0
14 Garbage Removal 45. Total Taxes $240.000
15 Insurance 46 Repl Res (Non.R) $42.000
16 Supplies 47 Total Est. Ann. Ope rat. Expenses
17 Maintenance and Repairs (lines 39 + 45 + 46) S 16.689.805
(Bldg. and Realty Items)
18. Ground Expenses F Estimate of Net Returns
19 Miscellaneous 1 Annual Gross Earnings Expectancy (From C.30) $27375.000
20 Exterminating 2. Predicted Occupancy Ratio 90.00%
21. Total Building and Grounds S 1 900.842 3. Effective Annual Gross Income (Line FIx F 2) $24.637.500
4 Est. Total Annual Operating Expense (From E.47) $ J 6.689.805
Dietary 5 Net Return Available for Proprietary Earnings,
22 Supplies Realty and Non.Realty (Line F 3 minus Line FA) $7947695
23 Food Cost 6. Estimated net Earnings Attributable to
24. Total Dietary $395,186 Realty and Non.Realty 90.00% $7 152.925
7 Estimated Residual Proprietary Earnings
Housekeeping (Line F 5 minus Line F.6) 10.00% $794.770
25 Supplies
26 Laundry G. Estimated Replacement Cost
27 Other 1 Unusual Land Improvements
28. Total Housekeeping $237112 2. Other Land Improvements $0
3. Total Land Improvements $0
Nursing Service 4 Structures-Gross Fir Area Sq Ft.
29 Supplies 5 Main Building $4.402.367
30 Drugs 6. Other
31 Professional Fees 7
32. Total Nursing Service $711 334 8. Total Structures $4.402.367
9 General Requirements $220.118
Page 2 of 6
form HUD.92013.NHICF (05/92)
Facsimile by ACR
Wa:ershed Treatment Center
G. Estimated Replacement Cost (continued) Legal and Organization:
Fees. 31 Legal $25.000
10 Builder's General Overhead 32. Organization $25,000
@ 2.00% % $92.450 33. Cost Certification Audit Fee $10.000
11 Builder s Profit 34 Total legal and Organization $60.000
@ 3.77% % $323,574 35 Consultant Fee $0
12. Architect Fee.Design 36. Major Movable Equip (Non-Realty) $420.000
@ 3.75% % $240,000 37 Total Est. Development Cost incl premarketing
13. Architect Fee-Suprvr Excl of Land or Off.site Cost) (17+30+34+35+36) $7092,238
@ 1.2 5% % $7,500 38. Land (Estimated Market price of Site)
14 Bond Premium $0 sq ft. @ per sq ft. $ I 140,000
15 Other Fees $273,242 39 Total Estimated Replacement Cost of Project
16 Total Fees $936.766 (Add Lines 37 and 38) $8,232,238
17 Total for All Improvements (3+8+9+16) $5.559.251
18. Cost Per Gross Sq Ft. $111.19 H Total Requirements for Settlement
19 Estimated Construction Tim 12 Months 1 Development Cost (Line G.37) $7.092,238
2. Land Indebtedness (or cash required for
Carrying Charges and Financing: land acquisition) $1079613
20 Interest 14 Mos.@ 3. Subtotal (Line 1 + Line 2) $8,171,851
6.00% on $7091 600 ~ $248,206 4 Mortgage Amount $7.091600
21 Taxes $46,048 5 Fees Paid by Other than Cash
22. Tnsurance $15.733 6. Line 4 plus Line 5 $7091 600
23 FHA Mtg. Ins. Pre 1.00% $70.916 7 Line 3 minus Line 6 $1080,251
24 FHA Exam/ Fee 0.30% $21.275 8. Initial Operating Deficit $300.000
25 FHA Inspec. Fee 0.50% $35,458 9 Anticipated Discount
26 Financing Fee 1.00% $70,916 10 Working Capital $141.832
27 Pre. Marketing Expense $ 150,000 11 Off Site Construction Costs/Demolition
28. GNMA Fee/Bond Fees 4.50% $319122 12. Non.Mortgagable Equipment and Furnishings
29 Title and Recording $75.313 13. Total Estimated Cash Requirement $ 1.522.083
30. Total Carrying Charges and Financing $1,052.987 (Total of Lines 7 8, 9 10 11 and 12)
Source of Cash to Met Requirements Amount
Codina Development Corporation S 1.522,083
Total (Submit Attachment if Additional Space is Needed)
I Names, Adresses and Tele hones Numbers of the Followin
Sponsor Name
Codina Development Corporation
Address and Zip Code
2200 North Commerce Parkway Suite 110, Weston. Florida 33326
Sponsor Name
Telephone Number
954/385-3100
Address and Zip Code
ITelePhone Number
Management Name
ITelePhone Number
Address and Zip Code
Contractor Name
IT'I,phO", Nom'"
Address and Zip Code
Sponsor s Attorney Name
Telephone Number
Address and Zip Code
Architect Name
ITelePhon~ Number
Address and Zip Code
Page 3 of 6
form HUD.920l3-NHICF (05/92)
Facsimile by ACR
J Certification
~ '~
The undersigned as the principal of the proposed mortgagor certified that he/she is familiar with the provisions of the ReglOlatlons of the Secretary of
Housing and Urban Development under the above identified Section of the National Housing Act and that to the best of his/her knowledge and belief the
mortgagor has complied or will be able to comply with all of the requirements thereof which are prerequisite to insurance of the mortgage lOnder slOch Section.
The undersigned further certifies that to the best of his/her knowledge and belief no information or data contained herein~ or in the exhibits or attachments
listed herein, are in any way false or incorrect and that they are truly descriptive of the project or property which is intended as the security for the proposed
mortgage and that the proposed construction will not violate zoning ordinances or restrictions of record.
The undersigned agrees with the Department of Housing & Urban Development that pursuant to the requirements of the HUD Regulations, (a) neither
her/she nor anyone authorized to act for him/her will decline to sel:, rent, or otherNise make available any of the property or housing in the multifamily project
to a prospective purchaser or tenant because of his/her race, color religion, sex or national origin; (b) he/she will comply with Federal, State, and local laws
and or ordinances prohibiting discrimination; and (c) his/her failure or refusal to comply with the requirements of either (a) or (b) shall be a proper basis for the
Commissioner to reject requests for future business with which the sponsor is identified to take any other corrective act!on he/s,:e may deer. necessary
Signature (Sponsor Authorized to sign)
U Conditional ~Firm
Request for Commitment
To: Secretary of Housing & Urban Development
Pursuant to the provisions of the Section of the National Housing Act identified in the foregoing application and HUD Regulations applicable thereto, request
is hereby made for the issuance of a Commitment to insure a mortgage covering the property described above. After examination of the application and the
proposed security the undersigned considers the project to be desirable and is interested in making a loan in the principal amount of $7091 600 which
will bear interest at 6.00% will require repayment of principal over a period of 480 months according to amortization plan to be agreed upon,
In~ura'1f..~.of advances during construction
[Jis,Dis not desired.
It is understood that the financing expense in the amount of
2.00% of the amount of your commitment.
is subject to adjustment so that the total will not exceed
Herewith is check for
so
which is in payment of the application fee required by HUD Regulations.
Address of Mortgagee
American Capital Resource, Inc.
6700 Sugarloaf Parkway
Suite 500
Duluth. GA 30097
Signature (Proposed Mortgagee)
I ns:ructions
Section B
Forward HUD procedures divide the process of filing an application for project
mortgage insurance into a maximum of three stages, the first being a request
for a Site Appraisal and Market Analysis (SAMA) letter or a feasibility analysis
if a Rehabilitation project. The second stage is a request through an approved
mortgagee for a Conditional Commitment and the third, a formal application
through an approved mortgage for a Firm Commitment.
A sponsor may continue two or three stages provided he/she has plans and
exhibits to sufficient detail. The Firm Commitment Stage is always required.
HUD Field Office personnel will provide advice and assistance to sponsors and
potential sponsors at all stages in connection with the submission of applications.
Page 1 Introduction, Section A, B. and C
Page 2 Section G. Line 38
Page 3 Section I to the extent know and Section J
A request for feasibility analysis (rehabilitation) or Conditional Commitment or
Firm Commitment must be submitted with this form completed in its entirety
The exhibits that must be submitted for each stage of processing are listed at
the end of these instruction. The exhibits to be submitted for feasibility analysis
(rehabilitation) are those required for SAMA plus items numbered 10 arod 11 If
a stage of processing is omitted the exhibits for that stage are submitted with
those required for the subsequent stage or stages. Information for all stages
must be submitted in triplicate. No application will be considered unless it is
complete and is accompanied by the requested exhibits (24 C.F R.207 1)
Section A self explanatory
Line 8 the letters NH refer to Nursing Homes, the letters ICG refer to
Intermediate Care Facilities. and the letters BC refer to Board and Care Homes.
Line 21 Insert any cost paid or contracted, in addition to the stipulated
purchase price. If the site will require demolition expense, or other
preparatory expense, this should be indicated and explained on an attacred
sheet. If the proposed site is leased, indicate the annual dollar amount of the
ground rent. All other items in this section are self.explanatory
Section C
Line 27 Insert the estirrated rates to be charged on a monthly basis per bed
for the accommodation and service rendered.
Line 28 Income for special services and facilities provided occupants at
additional charge above base rates when the cost of such service is
included in the operating expense estimate. Commercial income, if any
should be recorded here.
Section D
Items 32 through 37 Furnish the total number of employees and monthly
rates for each of the six categories.
Line 38 Show the total dollar amount payroll
Section E the estimate of project expenses shall be based on actual
operating experience with comparable projects.
Line 45 Total annual tax to cover all items in Tax Section should be shown
on this line.
Line 47 Sum of the total annual operating expense (Line 39 + Line 45 +
Line 46)
Section F
Line 2 Occupancy percentage is esti mated from market experience, if
available. otherwise the sponsor's best estimate.
Line 6 Represents the case return to owner of the real estate as determined
from available realty and nonrealty data.
Page 4 of 6
form HUD.92013.NHICF (05/92)
Facsimile by ACR
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'vlon Dec 1614:032002
Scale 1.31,250 (at center)
2000 Feet
------ Local Road . Small Town
------ Major Connector ~ Exit/Gas
- State Route Exit/Lodging
-Interstate/Limited Access Exit/Food
- US Highway ~ Exit/Other Services
L Exit Cemetery
-+-+- Railroad Population Center
0 Point of Interest Land
1000 Meters
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SECTION 106 PROJECT REVIE\V FORl\l
APPLICANT Amencan CapItal Resource CONTACT PERSON JeffMIOn
APPLICANT'S ADDRESS 6700 Sugarloaf Parkway, SUIte 500
CITY Duluth
TELEPHONE
STATE
(678) 775-6767
Geonga
ZIP 30097
FEDERAL FUNDING FHA SectIOn 232
PROJECT NAME The Watershed COUNTY Palm Beach County
1 Project DescnptIon A proposed 60-umt (l20-bed) resIdential treatment faCIlIty
for chemIcally dependent adults.
2 Attach a USGS topographIc map or county map mdIcatmg the preCIse locatIOn of the
proJect.
3 How many acres are m the project area? 6.48 +/-
_r' 4 Are there any structures on the property (houses, factones, barns, old garages,
sheds, etc)? YES NO X
5 If so, what IS the apprOXImate age and ongmal use of each structure?
6 Attach photographs of front and rear elevatIOns of any structures bUIlt before World
War II. N/A
7 WIll the project mvolve a rehabIlItatIOn, relocatIOn or demolItIOn of any structures?
NO
Please explam
8 Are there any pre-World War II structures adlacent to the proposed project?
YES NO X (If so, attach photographs)
9 Has the ground at the project locatIOn been dIsturbed other than by agnculture
(gradmg, major landscape alteratIOn, etc )? NO
10 Describe the present use and condItion of the property Vacant land.
Please mclude any addItional mformatIOn whIch you thmk would be helpful m the reVIew
of thIS project.
TO BE FILLED OUT BY ARCHIVES AND HISTORY STAFF ONLY
We know of no propertIes mcluded m or elIgible for mclusIOn m the NatIonal
RegIster of HIstonc Places that WIll be affected by thIS project.
Rev 3/99
Date
.~ f( ~~~~g ~413 ~~~~M~~I:e~;!f Ilt~llm_--~
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----- ~\.----=' ~ ~. '---..~. ~ \"'i ll-( ( ~ 1 ~ /I'in \ C ,--io ,;_ r- f-
:t:) ~ 80~ -I _I ,/~~ II?
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(9 ~OOQ..p'eI.orme. S!r~S1t U~A;_~OoOQl)L!nc,,- ~eDQ41~__ '~L \- /l.t~\_ ::-..1\ 'U:L_jL___ :LIT . . ~ I II ~___~L_ ________~~____.J
Mag 13.00
Mon Dec 16 13:53 2002
Scale 1'62,500 (at center)
1 Miles
------ Local Road
. Small Town
------ Major Connector
- State Route
-Airfield
V Geographic Feature
t Hospital
~ Sched Service Airport
Exit/Gas
2 KM
. -Interstate/Limited Access
- -US Highway
C Exit
-+----- Railroado Point of Interest
Exit/Lodging
Exit/Food
09/10/2082 16 06
PAGE ell
U9'""-fc.("s ~
BOCA RATON FIRE-RESCUE SERVICES rv(./S~
I'ru-:Rucw JbADoVAaT'" · DJJ Wur GLADU 1IoAD. 8ocA.1IATON. n. 3UJ1-7.1I1
561367671':0.
BOCA FIRE ADt<1IN
FAX
Dace;
Time:
Number of pap includinc cover sheet; (;
T~~
Finn: ~5 fo \ - 0111 -a OSiJ']
~~
'"../
Phone:
F~ Pha.:
IS6l) 367-6700
f~n 367~1~
RlMARKS:
~~~~;v~~~
This taaimile is privilcpd lAd conftdeatial. It ~ intended aoIcIy for the Iddrcsscc. Any unauthorized diJelolure.
reprocluWon. distribution or the liking of any IICtion in rdiala on the amtadI of this infonnatlon is prolu'bitcd. If you
receive this facsimile in mor. pJeate DDtJJY us immedialel,
09/10/2002 16 06
56136767~-
BOCA FIRE ADMIN _
Mr Bob Ensler'
Attached is the incident report that you requested for the address: 1000 15 Street
beginning September. 2001 and ending on August, 2002. The 321 series mean a
medical call, the 700 series mean alarms and the 500 series mean public assist Hope
this helps you out.
Joanne Barnes
y / (!)~ :IA./C 11)~rr;
/VO.
2 00 1
5 t. /) T -
Gel
/3
IS-
) 0
)\10 V
() 2 c..
It,
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-- 7
JItIU
r~IJ J Z
f1 /tiLe II 14,
/1 ?~I L 12-
Miry 0;
Jt.JAJc 8
JUL/ 14-
A J / 1 9
1/ :"
T D 'fYh-
)f,S'
PAGE 02
09/10/2002 16 06
56135767~'4
BOCA FIRE ADMIN
PAGE 03
Citv of Boca Raton FIre-Rescue Services
Fire/EMS Incident ReDort bv Addre,s
Date Incident Number Address Incident TVDe Action Taken
9/1212001 2001010496 1000 15TH ST 321 33
9/17/2001 2001010723 1000 ISTH ST 321 33
9/17/2001 2001010727 1000 15TH ST 321 31
9/21/2001 2001010863 1000 15TH ST 321 33
9/21/2001 2001010819 1000 15TH ST 321 33
9/21/2001 2001010881 1000 15TH ST 321 33
9124/2001 2001010965 1000 15TH ST 321 33
9/25/2001 2001011031 1000 15TH ST 550 70
9/26/2001 2001011069 1000 15TH 5T 321 33
9/26/2001 2001011063 1000 15TH ST 321 33
912612001 2001011059 1000 15TH ST 321 32
9/28/200 1 2001011161 1000 15TH ST 321 33
9/2812001 200101l182 1000 15TH 8T 321 32
1O/l/2001 2001011268 1000 15TH 8T 321 32
10/912001 2001011647 1000 15TH ST 321 32
,,0/121200 2001011806 1000 15TH ST 321 32
10/13/200 2001011832 1000 15TH ST 321 32
10/141200 2001011854 1000 15TH ST 321 32
10/15/200 2001011908 1000 ISTH ST 321 32
10/16/200 2001011981 1000 15TH ST 321 31
10/17/200 2001012041 1000 15TH ST 321 32
10/17/200 2001012050 1000 15TH 8T 321 32
10/19/200 2001012166 1000 15TH ST 321 32
10/23/200 2001012392 1000 15TH ST 735 86
1012S/200 2001012480 1000 15TH ST 321 33
10/30/200 2001012686 1000 15TH ST 321 32
10/30/200 2001012712 1000 15TH ST 321 33
1 0/31/200 2001012758 1000 15TH ST 321 33
111112001 2001012806 1000 15TH ST 321 31
11/6/200 I 2001013003 1000 15TH ST 743 80
11/10/200 2001013194 1000 15TH ST 321 32
11/11/200 2001013233 1000 15TH ST 321 32
ll/ll/200 2001013252 1000 15TH ST 321 33
11120/200 2001013598 1000 15TH ST 321 33
11/221200 2001013691 1000 15TH ST 321 31
11/26/200 2001013803 1000 15TH ST 32J 33
11/271200 2001013845 1000 15TH ST 321 33
11129/200 2001013924 1000 15TH 8T 321 32
) 2/l/200 1 2001014048 1000 15TH ST 321 93
:.' : '2001 2001014201 1000 15TH ST 321 93
1216/200 I 2001014261 1000 15TH 8T 321 32
12/9/2001 2001014383 1000 15TH ST "'35 86
12/12/200 2001014526 1000 15TH ST 321 32
12/13/200 2001014564 1000 15TH ST 321 32
12/14/200 2001014593 1000 15TH ST 321 32
12122/200 2001014964 1000 15TH ST 321 33
9/1 0/2002 Page 1 of4
09/10/2002 16 06
5613676r~
BOCA FIRE ADMIN -
;:)AGE 04
Citv of Boca Raton Fire-Rescue Servic."
FirelEM~ Incident ReDort bY Address
DIll Incident Number A~""8 Incident T);Q8 Action Taken
12/23/200 2001014999 1000 lSTH ST 353 86
12/25/200 2001015089 1000 15TH ST 321 ."
J_
, '!/?Ltl200 2001015028 1000 15TH ST 321 32
12/29/200 2001015233 1000 ISTH ST 321 32
1/312002 2002000112 1000 lS1H ST 321 32
1/1012002 2002000405 1000 15TH ST 321 33
1/13/2002 2002000535 1000 15TH ST 321 33
1/17/2002 2002000656 1000 15TH ST 321 32
1120/2002 2002000792 1000 15TH ST 321 33
1/2512002 2002001037 1000 15TH ST 321 34
1/27/2002 2002001090 1000 15m ST 321 33
2/1/2002 2002001380 1000 15TH ST 321 32
2/6/2002 2002001579 1000 15TH ST 321 34
2/9/2002 2002001702 1000 15TH ST 322 86
2/13/2002 2002001895 1000 15TH ST 321 32
2114/2002 2002001942 1000 15TH ST 321 33
2/14/2002 2002001953 1000 15TH ST 321 33
2/1412002 2002001962 1000 15TH ST 321 33
21712002 2002001615 1000 15TH ST 321 33
2/16/2002 200.2002032 1000 15TH ST 321 32
2/16/2002 2002002031 1000 15TH ST 321 33
2/18/2002 2002002133 10()0 15TH ST 321 30
2/27/2002 2002002506 1000 15TH ST 321 34
3/1/2002 2002002623 1000 15TH ST 321 31
3/4/2002 2002002738 1000 IS1'H ST 321 33
3/5/2002 2002002788 1000 15TH ST 321 32
3/6/2002 2002002835 1000 15TH ST 321 33
3/6/2002 2002002869 1000 ISTH ST 321 33
3/l 0/2002 2002002998 1000 15TH ST 321 34
3/10/2002 2002003011 1000 15TH ST 531 86
3/14/2002 2002003166 1000 15TH ST 715 86
3/22/2002 2002003548 1000 15TH ST 321 33
3/23/2002 2002003561 1000 15TH ST 321 ~")
~L..
3/2312002 2002003572 1000 15TH ST 321 33
3/23/2002 2002003573 1000 15TH ST 733 86
3/23/2002 2002003574 1000 1STH ST 730 86
3/29/2002 2002003828 1000 15TH ST 321 32
4/212002 2002003970 1000 15TH ST 743 86
4/16/2002 2002004501 1000 ISTH ST 321 34
4/18/2002 2002004586 1000 15TH ST 321 34
4/18/2002 2002004629 1000 15TH ST 744 86
412012002 2002004667 1000 15TH 8T 321 34
4/22/2002 2002004782 1000 15TH ST 321 33
4/24/2002 2002004842 1000 15TH ST 321 32
4/26/2002 2002004962 1000 ] 5TH ST 321 ",
.J_
4/27/2002 2002005005 1000 15TH ST 321 34
9/10/2002 Page 2 of 4
2
0~/10/2002 16 06
5613676T-
BOCA FIRE ADMIN
OAGE ~5
Citv of Boca I@toll Fire-Rescue Services
Flre/EfJlS Incident ReDort bv Address
Qm Incident Number Address Incident TVDe Action rlgn
413012002 2002005089 1000 15TH ST 321 31
4/30/2002 2002005119 1000 15TH ST 321 30
4/30/2002 2002005120 1000 15TH ST 321 33
512/2002 2002005169 1000 ISTH ST 743 86
517/2002 2002005325 lOOO 15TH 8T 321 33
5/912002 2002005412 1000 15TH ST 321 32
511 0/2002 2002005479 1000 15TH ST 321 32
5/1512002 200200564l 1000 lSTH ST 321 33
5/1712002 2002005732 1000 J5TH 5T 321 34
5121/2002 2002005899 1000 15TH 5T 321 34
5127/2002 2002006119 1000 15TH ST 321 33
5/29/2002 2002006209 1000 15TH 8T 321 33
6/7/2002 2002006527 1000 15TH 8T 321 33
6/10/2002 2002006664 1000 15TH 8T 321 32
6/11/2002 2002006670 1000 15TH 5T 321 86
6/16/2002 2002006931 1000 I 5TH 5T 321 32
6/21/2002 2002007109 1000 I 5TH 5T 321 32
612112002 2002007149 1000 15TH 8T 321 32
6/2212002 2002007199 1000 15TH ST 321 34
6/28/2002 2002007430 1000 15TH ST 321 31
7/2/2002 2002007539 1000 15TH ST 733 86
7/2/2002 2002007540 1000 15TH ST 321 32
7/3/2002 2002007579 1000 15TH 8T 743 86
7/4/2002 2002007629 1000 15TH ST 321 33
7/1 012002 2002007833 1000 15TH ST 321 32
7/1012002 2002007867 1000 15TH ST 321 32
7/13/2002 2002007960 1000 15TH 8T 321 34
7/13/2002 2002007961 1000 15TH 8T 321 34
7/17/2002 2002008111 1000 15TH 8T 32] 3'"
~
7/19/2002 2002008186 1000 15TH 8T 321 3]
'7/2 "2002 2002008240 1000 15TH 8T 321 33
i /2 ,;,/2002 2002008265 1000 15TH 8T 321 33
7/23/2002 2002008335 1000 15TH 8T 321 31
7/3 J/2002 2002008618 1000 15TH ST 321 33
8/3/2002 2002008736 1000 15TH ST 321 32
8/5/2002 2002008827 1000 15TH ST 321 33
8/6/2002 2002008841 1000 15TH ST 321 33
817/2002 20020088;7 1000 15TH ST 321 32
8/712002 2002008884 1000 15TH ST 321 32
8/9/2002 2002008955 1000 15TH ST 321 33
8/9/2002 200200898 I 1000 15TH 8T 321 33
8/10/2002 2002009016 1000 15TH ST 321 33
8/15/2002 2002009224 1000 15TH 8T 321 33
8/17/2002 2002009301 1000 ISTH ST 321 34
8/18/2002 2002009326 1000 15TH ST 321 32
8/19/2002 2002009357 1000 15TH ST 321 33
9/10/2002 Page 3 of4
3
09/10/2002 16 06
56136767r=.
BOCA FIRE ADMIN
Citv of Boca Raton Fire-Rescue Services
Flre/~'" I"ci~.nt ReDort bY Address
Date Incident NumtJ,r
8/22/2002 2002009440
8/24/2002 2002009517
8/27/2002 2002009594
8/28/2002 2002009628
8/30/2002 2002009726
8/31/2002 2002009734
8/31/2002 2002009735
1000
1000
1000
1000
1000
1000
1000
9/1 0/200:2
Add.....
1STH
15TH
15TH
15TH
15TH
15TH
15TH
,ncident TVD8
321
321
321
321
321
321
321
8T
81
ST
8T
8T
8T
ST
Page 4 of 4
PAGE 05
Action Taken
33
93
33
33
'33
31
32
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EXHIBIT "C"
CondItlons of Approval
PrOject name: The Watershed Act II, Inc
FIle number USAP 02-001
Reference'
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments. NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments. NONE
FORESTER/ENVIRONMENT ALIST
Comments: NONE
PLANNING AND ZONING
Comments. NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
ADDITIONAL CITY COMMISSION CONDITIONS
CondItIOns of Approval
2
I DEPARTMENTS INCLUDE REJECT
I Comments: I I I
MWR/sc
S:\planOlngISHARED\WPIPROJECTSIThe Watershed Act II. Inclcand. of approval 2001 farm.doc
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WATERSHED
Treatment Programs
THE WATERSHED at BOYNTON BEACH
The Watershed is a locally-owned private Florida for-profit corporation.
Our mission is to provide high quality, cost effective comprehensive treatment and
education to individuals and families affected by chemical dependency We are
licensed by the Florida Department of Children and Families, and accredited by the
Joint Commission on the Accreditation of Healthcare Organizations.
We currently maintain a total of 144 beds at our facilities in Boca Raton and
Delray Beach. Our patients are adults, 18 and older, who have come to treatment
voluntarily, and pay for their care through personal funds or private insurance.
The length of stay varies from 10 to 90 days, with an average of 30 days.
Our company has conducted an extensive search for a site to construct a
world-class facility offering the finest care and services available. We believe we
have found our home in the City of Boynton Beach. Your city offers a welcoming
climate, excellent local services and resources, a medical hospital, plus an excellent
location within Palm Beach County
Upon the city's approval, we will construct Phase One (1), a 100-bed facility
providing 24-hour care, supervision, and security on 5.33 acres in Quantum Park.
Subsequent Phases Two (2) and Three (3) can increase the capacity to over 300
beds. We have a purchase contract for the land in process with Quantum Park,
Quincy Johnson's architectural firm has been retained to design the facility, and
financing and development is in process.
The Watershed will be a good corporate citizen. We currently employ over
275 employees. When we relocate to Quantum Park we will need additional
employees who, we hope, will be City of Boynton Beach residents.
We thank you for your time and consideration, and welcome the opportunity
to become a part of the City of Boynton Beach.
-rite lJ'PIUCleD ,).C+JC I~. -;.,ls/l-P 02- -v-'
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56 1IBRM.CONDOS
TOTAL
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THE
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by
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Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
POBOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX. (561) 742-6259
PLANNING AND ZONING DIVISION
To
Fax #.
Date
From
Re
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Pages
Planmng and Zomng DIvIsion
CIty of Boynton Beach
Boynton Beach, Flonda 33425
742-6260
Fax 742-6259
"RANSMISSION VERIFICATION REPORT
TIME 05/31/2002 16 46
NAME BOYNTON BEACH P & Z
FAX 5613756259
TEL 5613756260
DATE. TIME
FAX NO./NAME
DURA TI Ot-..l
PAGE(S)
RESULT
MODE
05/31 16 43
94348815
130 02 46
04
OK
STANDARD
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~-J~-
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WATERSHED
Treatm~Dt Programs
THE WATERSHED at BOYNTON BEACH
The Watershed is a locally-owned private Florida for-profit corporation.
Our mission is to provide high quality, cost effective comprehensive treatment and
education to individuals and families affected by chemical dependency We are
licensed by the Florida Department of Children and Families, and accredited by the
Joint Commission on the Accreditation of Healthcare Organizations.
We currently maintain a total of 144 beds at our facilities in Boca Raton and
Delray Beach. Our patients are adults, 18 and older, who have come to treatment
voluntarily, and pay for their care through personal funds or private insurance.
The length of stay varies from 10 to 90 days, with an average of 30 days.
Our company has conducted an extensive search for a site to construct a
world-class facility offering the finest care and services available. We believe we
have found our home in the City of Boynton Beach. Your city offers a welcoming
climate, excellent local services and resources, a medical hospital, plus an excellent
location within Palm Beach County
Upon the city's approval, we will construct Phase One (1), a 100-bed facility
providing 24-hour care, supervision, and security on 5.33 acres in Quantum Park.
Subsequent Phases Two (2) and Three (3) can increase the capacity to over 300
beds. We have a purchase contract for the land in process with Quantum Park,
Quincy Johnson's architectural firm has been retained to design the facility, and
financing and development is in process.
The Watershed will be a good corporate citizen. We currently employ over
275 employees. When we relocate to Quantum Park we will need additional
employees who, we hope, will be City of Boynton Beach residents.
We thank you for your time and consideration, and welcome the opportunity
to become a part of the City of Boynton Beach.
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E Boynton Beach Blvd
POBox 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO Michael Rodriquez
FAX. 561-994-4985
FROM Mike Rumpf
DATE
5/31/02
NUMBER OF PAGES (including
cover)
1
RE Watershed and Commission Review
Mr Rodriquez:
I am again relaying to you a suggestion from the City Manager that you be prepared to discuss,
Tuesday at the Commission meeting, what the procedure is for minimizing false 911 calls from
patients that result in police or fire responses
Please contact me should you have any questions
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260 Thank you
1-
l 'RANSMISSION VERIFICATION REPORT
TIME 05/31/2002 17 28
NAME BOYNTON BEACH P & Z
FAX 5613756259
TEL 5613756260
DATE,TIME
FAX NO./t---1AME
DURATION
F'AGE(S)
RESULT
~~ODE
05/31 17 27
91561994498581848
00 00 28
01
OK
STANDARD
ECM
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 02-015
TO
FROM
DATE
RE
CC
Kurt Bressner, City Manager
Nancy Byrne, Assistant Development Director J\?
June 4, 2002
CITY OF BOCA RATON SUBSTANCE ABUSE FACILITIES ORDINANCE
James Cherat, City Attorney
Attached please find the City ot Boca Raton ordinance regulating Substance Abuse Treatment
Facilities, in response to Commissioner Fisher's request at the pre-agenda meeting held on Monday
.~N-04-Z00Z 09 IGAM F~CM-O:VELO?YE~--'~RVICES
5 ! -3SH784
T-773 ? OOl/J05 F-OZZ
1
ORDINANCE NO 4649
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE OF THE CITY OF BOCA RATON
RELA.TING TO SUBSTANCE ABUSe TREATMENT
FACILlT!ES, AMENDING SECTION 28-2, CODE OF
ORDINANCES, TO DEFINE SUBSTANCE ABUSE
TREATMENT FACiLITIES AND SOCIAL SERVICE
ACTIVITIES CREATING SECTION 28-197 CODE OF
ORDINANCES STATUS OF SUBSTANCE ABUSE
TREATMENT FACILITIES AMENDlNG SECTION 28-7A3,
CODE OR ORDINANCES, CONDITIONAL USES IN THE
R-8-1 MOTEL-BUSINESS DISTRICT AA1ENDING SECTION
28-922. CODE OF ORDINANCES. PERMITTED USES IN
THE MC MEDICAL CE:\lTER DISTRICT PROVIDING FOR
SEVERABILITY. PROVIDING FOR REPEALER, PROVIDING
FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE
14
15
16
17
18 WHEREAS, the City Council of the City of Boca Raton desires to ensure local
19 regulations for Substance Abuse Treatment Facilities are consistent with state legislatIon
20 relating to substance ab:.Jse services; and
21 WHEREAS, the City Coundl of the City of Boca Raton finds that the permitted uses in
22 the MC Medical Center District and conditional uses in the R-B-1 Mctel-Business District are
23 necessary to provide needed ser/ices to the cltlzer.s of Boca Rator'! and
24 WHEREAS, the City Council of the City of Boca Raton finds that it is in the public
25 interest to amend Sections 28-i43 and 28-922, Ccde of Orcinances to establish minimum
jLN-Q4-Z00Z 0; loAM F~CM-O:vE"O'~~~~RVICES
561-393-r7B4
T-77; P aC3/JG5 F-OZZ
1 criteria for Substance Abuse Treatment Facilities in the R-8-1 Motel-Business and Me Medical
2 Center Districts; now therefcre
3
4 THE CITY OF BOCA RATON HERE:3Y ORDAINS
S
6 Section 1 Sectio:1 28-2. Code of Ordinances, is amended to read
7 "Substance Abuse Treatment Facility" sha!1 mean a service provider or facility
8 Iicerlsed or recuired to be licensed pursuant to Section 397.311(18). Fla. Stat. and a service
9 provider or facility that is used fer room and board on[v and in which treatment and rehabilitation
10 activities are reQuired of tenants as a condition of tenancy at locations other than the orimary'
11 residential facility, whether or not the facWties used for room anc board and for treatment a,d
12 rehabilitation are operated under the auspices of the same provider.
13 Social Service ac~ivitiesh shall mean the administration of any community-oriented
14 service includinQ offices, meetinqs, storaQe, librarv and similar administrative uses. It shall not
15 mean any social service actIVIties, includlnQ without limitation, substance rehabilitation services,
16 counselina activities and services. shelters for the homeless or abused, foodimea! distribution
17 far the needv. iob traininQ, and teen oriented proqrams.
18 Section 2. Section 28-197, Code of Ordinances, is created to read
19 Section 28-197. Status of Substance Abuse Treatment Facilities.
20 Anv Substance Abuse Treatment Facility that exists as of the effective date of this
21 ::>rcinance must comply with all orovisions and reauirerr.ents of this orcinance no later than
22 e'Qhteen (18) months after its effective date.
23 Section 3 Secton 28-743, Code of Ordinances is amended to read
24 Section 28-743 Cor.ditiOnaJ uses.
25 (e) Substance Abuse Treatment Facilitv. orovlced that such facilities shall not be
26 located within 3 radius of 1,000 feet of another ex:sbnq facility.
2
JLN-C4-Z0GZ 09 16AM F~C~-CEVELC'~NT~~RVICES
55 -393-T7a4
T-iia ? 004/J05 F-QZZ
2 Section 4 Section 28-922, Code of Ordinances is amended to read.
3 Section 28-922. Permitted uses.
4 (I) Substance Abuse Treatment Faci!ity.
5 fBiml The foHewing accessory uses are permitted to a hCSj:lltal convalescent heme
6 adult congregate living fac:lity or nursing home heliports gift shops floral shops, cafetenas,
7 snack bars: quarters for employees and personnel, including nurses, interns, doctors and
8 medical technicians beauty shops, barbershops, recreation facilities, auditoriums or any other
9 uses whlcn are accessorj to or incidental to the nor11al operation of a hospital, convalescent
10 home, adult congres;ate living facility or nursing home, provided that there be no signs or
11 advertisements or ~romotional materials directed to the general pubEc relating to SL.:ch
12 ac~essory uses except for informational and directional purposes.
13 Section 5 If any section, subsection, dause or provisIon of this ordinance is held
14 invalid, the remamder shall not be affected by such invalidity
IS Section 6 All ordinances and resolutions or parts of ordinances and resolutions and
16 a!1 sections and parts of sections In conflict herewith shal! be and here!:ly are repealed.
17 Section 7 Codification of this ordinance in the City Code of Ordinances is hereby
18 al.Jthorized and directed
19 Section 8 This ordinance shall take effect immediately upon adoption
20
3
JLN-J4-Z00Z OS 17AM F~CM-D:vHO'~'--- SERVI CES
561-3S3-!784
T-i7~ P OOS/JOS F-OZZ
1
PASSED AND ADOPTED by the City Caunal of the City of Boca Raton this _
,2002.
2 day of
3
4
5 ATTEST
6
7
8
9
10
11 Sharma Carannante City Clerk
12
13
14-
15
16
17
18
19
20
21
22
CITY OF BOCA RATON FLORIDA
Steven L. Abrams, Mayor
Approved as to form.
Diana Grub Fneser
City Attorney
002744
COUNCIL'VOTE
., YES NO AeSTAINED
MA "CR STEVEN L. ABRAMS
OEPLTY MAYOR SUSAN HAYNIE
COUNCIL MEMBER DAVE FREUO!N8!!RG
COUNCil r.IEMBER B!LL HAGER
COUNCIL MEMBER CAROL G.HANSON
23
4
~~
The City ofBoynl..on Beach
OFFICE OF THE CITYllIANAGER
100 E. Boynton Beach Boulevard
PO Box 310
Boynton Beach, Flonda 33425-0310
City Managers Office. (561) 742-6010
F.4X (561) 742-6011
e-mail clty.manager@ci.boynton-beach.fl.us
www.ci.boynton-beach./1.us
To
From
Date
Subject
CIty CommISSIOn
Kurt Bressner, CIty Manager
May 30, 2002
Watershed Development Proposal
ThIS Tuesday, the Plannmg and Development Board approved the petltlon by Watershed to construct
a 324-bed treatment faCIlIty m the Quantum Development. From the staffs perspectIve, If we are
gomg to have such a facIlIty, one located m a non-resIdentIal neIghborhood, bUIld from the ground
up wIth proper secunty, IS preferable to convertmg a block of apartments m a reSIdential
neIghborhood.
ThIS mormng, I receIved a call from RepresentatIve Andrews' office suggestmg that we take a
careful look at the Watershed project smce the new legIslation grantmg commumtIes lIcensmg nghts
for treatment faCIlIties WIll go on the books July 1 st I have not seen a copy of the final legIslation
and asked them to e-mail me the legIslatIOn so we can reVIew I WIll do so when I receIve the
mformatIon. I am by copy OfthIS memo requestmg that Actmg City Manager Dale Sugerman works
wIth Planmng and Legal to make sure the facIlIty would comply wIth the new statute. It may be
prudent for the CIty CommIssIOn to request the petItIoner voluntanly agree to comply wIth the new
statute as part of theIr condItion of approval. The mam emphaSIS of the legIslatIon, as I understand It
IS to allow mUnICIpalItIes to lImIt the number of treatment facIlItIes m theIr commumty ThIS,
coupled wIth the new Boca Raton ordmance, may be somethmg the CommIsSIon may wIsh to dIrect
staff to reVIew
I am attachmg a copy of an artIcle from the Sun-Sentmel today There also was an artIcle on the
same tOpIC m the Palm Beach Post. The Sun-Sentmel mentIOned the new legislatIOn that I VIew to be
a compamon law to local lIcensmg regulatIOns.
Fmally, RepresentatIve Andrews' office also suggested that we contact the Boca Raton polIce
department on calls for servIce to the Watershed faCIlIty We WIll do so and proVIde mformatIOn to
the CIty CommISSIon for the CommISSIon next Tuesday I am by copy ofthe memo, requestmg that
ChIef Gage obtam thIS mformatIon and that Deputy FIre ChIef Ness obtam SImIlar fire/medIC call
data from Boca Raton.
Boca forbids drug, alcohol rehab houses in
neighborhoods
By Kathy Bushouse
Staff Writer
May 30, 2002
BOCA RATON Sober houses are on their way out of Boca Raton's
neighborhoods
Facilities that house recovering drug and alcohol addicts were
put on notice Wednesday by the City Council that they have 18
months to relocate from residential areas to selected business
districts
The new ordinance, which takes effect immediately, restricts
residential treatment facilities -- sometimes known as sober
houses -- to business areas that have zoning for motels or
medical centers It also makes no provision for the city's 12-
plus existing treatment facilities, meaning they will have to
leave residential areas or shut down, officials said
The city's action also has spurred interest in such ordinances
among officials in Delray Beach and Boynton Beach
The unanimous Boca Raton City Council vote provoked two strong,
if opposite, reactions Wednesday night
Residents who for years have complained about unlicensed
treatment facilities cheered the outcome after packing City Hall
to support the new rules
"We just would like to see them go, to be quite frank," said Rose
Vinti, who lives across the street from Boca House on Camino
Real
A sober house owner who was one of the ordinance's main targets
said it doesn't apply, and he isn't going anywhere
Definition at issue
l'Our lawyer feels that [the city] can think what they want to
think," Steve Manko, who for 12 years has owned Boca House and
AmerIca's Gateway to the Gulfstream
other facilities in Boca Raton, said prior to the council
meeting "We don't fit any of the stuff [addressed in the city's
ordinance] We do not do treatment We do not do groups We
don't give out medication"
At issue is Boca Raton's definition of a substance-abuse
treatment facility The city's new rules target any facility that
makes treatment and rehabilitation a condition of tenancy -- even
if the rehabilitation takes place off site or is supervised by
someone else City officials contend that means facilities such
as Boca House are under their control Much of the city's land
now zoned for motel use is in the Federal Highway corridor
"You're actually providing health care [through these
facilities] ," said City Councilman Dave Freudenberg "You're
basically doing what a nursing home would do You've gone way
beyond providing housing "
Until now, officials have been unable to regulate sober houses in
residential areas because they didn't fall under a specific
licensing category Sober houses are dwellings that aren't
licensed as treatment facilities by the state Department of
Children & Families but whose landlords require tenants to attend
drug counseling, keep curfews and submit to random drug testing
The state Legislature passed a bill this year that gives cities a
way to regulate so-called sober houses and other similar
facilities Councilwoman Carol Hanson, who lobbied state leaders
for the bill's passage, said it's been a long time coming
"It has not been an easy road," Hanson said "There was no way
the city of Boca Raton could have done what I'd like to see done
[before the ordinance's passage] "
Yet some state-licensed facilities fear they will be run out of
business by the city's ordinance
"We just think that they're a model citizen and some
consideration should be given," said Ronda Gluck, an attorney for
one halfway house in the city
Likewise, Manko said he is offended by people who say that
recovering drug addicts or alcoholics should not be able to live
in residential neighborhoods
"That's against civil rights to say, 'If you're a recovering drug
addict, you can't live there, '" Manko said "Guess what?
Recovering people who are doing well deserve an opportunity
to have a clean and sober life "
AmerIcas Gateway to the Gulfstream
Tom Hantzarides, who has lived at the unlicensed Boca House for
nine months, said he didn't think the facility posed any more
problems than other apartment complexes in the area
"Quite honestly, Boca House saved my life," said Hantzarides
"I've really seen a lot more serious problems in Boca Raton than
Boca House "
But residents say they often fear for their safety because of the
sober houses
"You are putting adult drug addicts into a residential
neighborhood," said Grace Fisher, adding that sober houses should
not be considered residential uses "I've never rented an
apartment from anybody who said I have to submit a urine test "
Attorneys representing several facilities hinted that a legal
challenge to the ordinance is possible, something Freudenberg and
Mayor Steven Abrams conceded may happen
Other cities watching
Despite the possible legal uncertainty surrounding Boca Raton's
ordinance, other cities are considering adopting similar rules
Delray Beach City Commissioner Jeff Perlman said he wants to
consider replicating Boca Raton's new ordinance There are at
least eight sober houses in Delray Beach and more opening up in
residential neighborhoods, according to Perlman
"You hear stuff about these places all the time The late night
comings and goings, the noise, the parking problems and the
anecdotes that there's a crime problem with these places,"
Perlman said "I'd like to see what Boca is doing and see if we
could do the same here "
Boynton Beach City Commissioner Charlie Fisher said while no such
restrictions on treatment facilities are being considered, he
would favor them He also said he was not alarmed by a plan to
build the county's largest recovery center in Boynton Beach On
Tuesday, the city's advisory Planning and Development Board
unanimously recommended plans for a 324-bed complex in Quantum
Park The Watershed Act III Inc wants to build a four-story main
building, two- and three-story apartment buildings and other
facilities off Park Ridge Boulevard
Several residents who attended the planning board meeting said
they were worried about students' safety at nearby Boynton Beach
High School Fisher, who said he visited the Watershed's Boca
Raton facility and did not find any problems, vowed to see
security concerns addressed Commissioners are scheduled to vote
Americas Gateway to the Gulfstream
on the proposal Tuesday
Staff Writers Stella M Chavez and Leon Fooksman contributed to
this report
Kathy Bushouse can be reached at kbushouse@sun-sentinel com or
561-243-6641
Copyright @ 2002, South Florida Sun-Sentinel
Cc James Cherof
Wilfred Hawkms
Dale Sugerman
Qumtus Greene
Marshall Gage
James Ness
BIll Bmgham
Amenca's Gateway to the Gulfstream
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An act relating to substance-abuse services
amending s 397 311 F S ; redefining the term
"licensed service provider" requiring that
licensure standards apply to certain housing
locatLons redefining the term "service
provider personnel," to add chief financial
officers; requir_ng that owners directors and
chief financial off~cers of a substance-abuse
service provider undergo a background check
pursuant to ch 435 F S requiring that proof
of compliance with local zoning ordinances be
included in the applicat_ons for licensure
amending s 397 405 F S clarifying that Dur
education and screening serVLces must be
licensed Lf they provide treat~ent services,
amending s 397 407, F S conforming
cross-references amending s 397 416 F S
conforming cross-references amending s
397 451 F S clarLfying provisions; requ_r_ng
level-2 background screening for employees who
work with chLldren and with adults who are
developmentally disabled specifying
circumstances under which service provider
owners directors or chief financial officers
are not subject to background screening,
allowing personnel to request and the
department to grant an exemption from
disqualificatLon, amending ss 212 055
440 102 F S conforming cross-references
providing an effective date
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Be It Enacted by the Legislature of the State of Florida
Section 1
amended to read
397 311 Definitions --As used in this chapter, except
part VIII
(1) "Ancillary services" are services which include,
but are not limited to, special diagnostic, prenatal and
postnatal other medical, mental health, legal economic,
vocational employment, and educational services
(2) "Assessment" means the systematic evaluation of
information gathered to determine the nature and severity of
the client's substance abuse problem and the client's need and
motivation for services Assessment entails the use of a
psychosocial history supplemented, as required by rule, by
medical examinations laboratory testing, and psychometric
Section 397 311, Florida Statutes, is
measures
(3) "Author_zed agent of the department" means a
person designated by the department to conduct any audit,
inspection monitoring evaluation, or other duty imposed upon
the department pursuant to this chapter An authorized agent
must be identified by the department as
(a) Qualified by the requisite expertise and
experience
(b) Having a need to know the applicable information;
and
(c) Having the assigned responsibility to carry out
the applicable duty
(4) "BackgroUl!d cl!eck" l"eaI..s reviewiI..g the backgroUl!d
of service prov':'der persoId..el who h"-ve direct COI..tact ~itl..
Ul..n,arried clieI..ts Ul..der tl..e age of 18 :years OJ:: witl.. cliel.Lts
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1 who are developn,entally disabled il.L accordance witl.L tl.Le
2 provisions of s J37 4::;1, and iI.Lcludes but is not lilllited to,
3 local crin,iI.al recoxds d.Lecks tLrougl.L local law enforcell,ent
4 ager..cies, fil.Lgerprinting, state~ide crin,il.Lal re~ords d.Lecks
5 through tLe DepartLllent of La,v 2I.Lforcen,ent federal crilllil.Lal
6 records cLech.s th.Lollgh tl.Le Pederal Bureau of II.LvesLigdtiol.L
7 aI.Ld elllploYll,ent history cLecks
8 ill+s-t "Beyond the safe management capab~lities of the
9 service provider" refers to a client who is 1.n need of
10 (a) Supervision
11 (b) Medical care or
12 (c) Services
13
14 beyond that which the service provider or service component
15 can del_ver
16 ill-t6+ "Client" means a recipient of alcohol or other
17 drug services del1.vered by a service provider but does not
18 include an inmate pursuant to part VIII unless expressly so
19 provided
20 ill-t=l-t "Client ident_fying informat.Lon" means the
21 name, address, social security number, fingerprints,
22 photograph, and similar _nformation by which the identity of a
23 client can be determined with reasonable accuracy and speed
24 either directly or by reference to other publ_cly available
25 .Lnformat.ion
26 (7)-{-g1- "Court" means, with respect to all involuntary
27 proceedings under this chapter the c_rcuit co~rt of the
28 county in which the judicial proceed.Lng .LS pending or where
29 the substance abuse impaired person resides or _s located, and
30 .includes any general or special master that may be appointed
31 by the chief judge to preside over all or part of such
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1 proceeding Otherwise "court" refers to the court of legal
2 jurisdiction in the context in which the term is used in this
3 chapter
4 ill-t9+ "Department" means the Department of Children
5 and Family Services
6 ill+re+ "Director" means the chief administrative
7 officer of a service provider
8 QQ..ttrrT "Disclose" or "disclosure" means a
9 communication of client identifying information, the
10 affirmative verification of another person's communication of
11 client identifying information or the communication of any
12 information of a client who has been identified Any
13 disclosure made pursuant to this chapter must be limited to
14 that informat_on which is necessary to carry out the purpose
15 of the disclosure
16 (11)+rz+ "Fee system" means a method of establishing
17 charges for services rendered, in accordance with a client's
18 ability to pay, used by providers that receive state funds
19 (12)-tr3+ "For profit" means registered as for profit
20 by the Secretary of State and recognized by the Internal
21 Revenue Service as a for-profit entity
22 (13)+t-4+ "Habitual abuser" means a person who is
23 brought to the attention of law enforcement for being
24 substance impaired, who meets the criteria for involuntary
25 admission in s 397 675 and who has been taken into custody
26 for such impairment three or more times during the preceding
27 12 months
28 illl-tr5+ "Hospital" means a hospital or hospital-based
29 component licensed under chapter 395
30 ~-tr6+ "Impaired" or "substance abuse impaired"
31 means a condit_on involving the use of alcoholic beverages or
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1 any psychoactive or mood-altering substance in such a manner
2 as to induce mental emotional or physical problems and cause
3 socially dysfunctional behavior
4 Q..~_Lf-1--Tt- "Individualized treatment or service plan"
5 means an immediate and a long-range plan for substance abuse
6 or ancillary services developed on the basis of a client's
7 assessed needs
8 ...llZl-t-r-B-t- "Law enforcement officer" means a law
9 enforcement officer as defined in s 943 10(1)
10 illl~ "Licensed service provider" means a public
11 agency under this chapter, a private for-profit or
12 not-for-profit agency under this chapter, a physician licensed
13 under cLapter 4:iO OJ:: clJ.apter 4:i9 or any other private
14 practitioner licensed under this chapter or a hospital that
15 licellsed UIldeJ:: chapter 39:i wLich offers substance abuse
16 impairment services through one or more of the following
17 licensable service components
18 (a) Addict~ons receivi~g facility, which is a
19 community-based facility designated by the department to
20 receive, screen and assess clients found to be substance
21 abuse impaired, in need of emergency treatment for substance
22 abuse impairment, or impaired by substance abuse to such an
23 extent as to meet the criteria for involuntary admission in s
24 397 675 and to provide detoxification and stabilization An
25 addictions receiving facility must be state-owned,
26 state-operated, or state-contracted, and licensed pursuant to
27 rules adopted by the department's Substance Abuse Program
28 Office which include specif~c authorization for the provision
29 of levels of care and a requirement of separate accommodat~ons
30 for adults and minors Addictions receiving facilities are
31 designated as secure facilit~es to provide an intens_ve level
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1 of care and must have sufficient staff and the authority to
2 provide environmental security to handle aggressive and
3 difficult-to-manage behavior and deter elopement
4 (b) Detoxification which uses medical and
5 psychological procedures and a supportive counseling regimen
6 to assist clients in managing toxicity and withdrawing and
7 stabilizing from the physiological and psychological effects
8 of substance abuse impairment
9 (c) Residential treatment, which provides a
10 structured, live-in environment within a nonhospital setting
11 on a 24-hours-a-day 7-days-a-week basis and which includes
12 t:r eatnleIlt, :t:el,abili tatiOIl and t:r aI,sitiOl,al caye
13 1 Facilities that provide room and board and
14 treatment and rehabilitation within the primary residential
15 facility, and
16 2 Facilities that are used for room and board only
17 and in which treatment and rehabilitation activities are
18 provided on a mandatory basis at locations other than the
19 primary residential facility In this case, facilities used
20 for room and board and for treatment and rehabilitat_on are
21 operated under the auspices of the same provider, and
22 licensing and regulatory requirements would apply to both the
23 residential facility and all other facilities in which
24 treatment and rehabilitation activities occur
25 (d) Day and night treatment, which provides a
26 nonresidential environment with a structured schedule of
27 treatment and rehabilitation services
28 (e) Outpat~ent treatment which provides individual,
29 group, or family counseling for clients by appointment during
30 scheduled operating hours, with an emphasis on assessment and
31 treatment
(.1:rfil\J
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" f1l.\'~
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1 (f) Medication and methadone maintenance treatment
2 that uses methadone or other medication as authorized by state
3 and federal law, in conjunction with medical rehabilitative,
4 and counseling services in the treatment of clients who are
5 dependent upon opioid drugs
6 (g) Prevention, which is a process involving
7 strategies aimed at the individual the environment, or the
8 substance, which strategies preclude forestall or impede the
9 development of substance abuse problems and promote
10 responsible personal and social growth of individuals and
11 families toward full human potential
12 (h) Intervention, which consists of structured
13 services targeted toward individuals or groups at risk and
14 focused on reducing those factors associated with the onset or
15 the early stages of substance abuse, and related problems
16 (19)+z-e+ "Not for profit" means registered as not for
17 profit by the Secretary of State and recognized by the
18 Internal Revenue Service as a not-for-profit entity
19 (20)+z-rt- "Physician" means a person licensed under
20 chapter 458 to pract~ce ~edicine or licensed under chapter 459
21 to practice osteopathic ~edicine, and may include _f the
22 context so indicates an intern or resident enrolled in an
23 intern or resident training program affiliated with an
24 approved medical school hospital, or other facility through
25 which training programs are ~ormally conducted
26 (21)-tZ-Z+ "Prelimir..ary screening" means the gathering
27 of initial information to be used ~n determining a person's
28 need for assessment or for referral
29 ~-tZ-3+ "Private practitioner" means a physician
30 licensed under chapter 458 or chapter 459, a psychologist
31 licensed under chapter 490 or a clinical social worker
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1 marriage and family therapist, or mental health counselor
2 licensed under chapter 491
3 ~-fZ-4+ "Program evaluation" or "evaluation" means a
4 systematic measurement of a service provider's achievement of
5 desired client or service outcomes
6 ~-tZ5+ "Qualified professional" means a physician
7 licensed under chapter 458 or chapter 459; a professional
8 licensed under chapter 490 or chapter 491; or a person who is
9 certified through a department-recognized certification
10 process for substance abuse treatment services and who holds,
11 at a minimum, a bachelor's degree A person who is certified
12 in substance abuse treatment services by a state-recognized
13 certification process in another state at the t_me of
14 employment with a licensed substance abuse provider in this
15 state may perform the functions of a qualified professional as
16 defined in this chapter but must meet certification
17 requirements contained in this subsection no later than 1 year
18 after his or her date of employment
19 ~-t2-6+ "Quality assurance" means the objective and
20 internal systematic monitoring of the appropriateness and
21 quality of client care rendered by a service provider
22 ~-tZ-'H- "Secure facility," except where the context
23 indicates a correctional system facility, means a provider
24 that has the authority to deter the premature departure of
25 involuntary clients whose leaving constitutes a violat~on of a
26 court order or community-based supervision as provided by law
27 The term "secure facility" includes addictions receiving
28 facilities and facilities authorized by local ordinance for
29 the treatment of habitual abusers
30 (27)+z-s+ "Service provider" or "provider" means a
31 public agency a private for-profit or not-for-profit agency,
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1 a person who is a private practitioner or a hospital wl"ich
2 agel!cy 1 peJ:: 501"1 OJ:: l"ospi tal is licensed under this chapter or
3 exeMpt from licensure under this chapter
4 ~-t-Z-9T "Service provider personnel" or "personnel"
5 includes all owners, directors, chief financ_al officers,
6 staff, and volunteers including foster parents of a service
7 provider
8 ~-t-3-&T- "Stabilization" means
9 (a) Alleviation of a crisis condition or
10 (b) Prevention of further deteriorat~on
11
12 and connotes short-term emergency treatment
13 Section 2 Subsection (1) of section 397 403, Florida
14 Stat~tes, is amended to read
15 397 403 License application
16 (1) Applicants for a license under this chapter must
17 apply to the department on forms provided by the department
18 and in accordance with rules adopted by the department
19 Applications must include at a minimum
20 (a) Information establishing the name and address of
21 the applicant service provider and its director and also of
22 each member owner officer and shareholder if any
23 (b) Information establishing the competency and
24 ability of the applicant service provider and its director to
25 carry out the requirements of this chapter
26 (c) Proof satisfactory to the department of the
27 applicant service provider's financial ability and
28 organizational capability to operate in accordance with this
29 chapter
30 (d) Proof of liability insurance cove~age in amounts
31 set by the department by rule
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1 (e) Sufficient information to conduct background
2 screening as orovided in s 397 451 PersOIlnel fingerpr:ints fOl:
3 backgr:ouI.d cLecks as xequixed by tl.is chaptex
4 1 If the results of the background screening indicate
5 that any owner, director, or chief financial officer has been
6 found guilty of, regardless of adjudication, or has entered a
7 plea of nolo contendere or guilty to any offense prohibited
8 under the screening standard, a license may not be issued to
9 the applicant service provider unless an exemotion from
10 disqualification has been granted by the department as set
11 forth in chapter 435 The owner, director, or manager has 90
12 days within which to obtain the required exemption, during
13 which time the applicant's license remains in effect
14 2 If any owner, director, or chief financial officer
15 is arrested or found guilty of, regardless of adjudication, or
16 has entered a olea of nolo contendere or guilty to any offense
17 prohibited under the screening standard while acting in that
18 capacity, the provider shall immediately remove the person
19 from that position and shall notify the department within 2
20 days after such removal, excluding weekends and holidays
21 Failure to remove the owner, director, or manager will result
22 in revocation of the provider'S license
23 (f) Proof of satisfactory fire, safety, and health
24 inspections, and compliance with local zoning ordinances
25 Service providers operating under a regular annual license
26 shall have 18 months from the expiration date of their regular
27 license within which to meet local zoning requirements
28 Applicants for a new license must demonstrate proof of
29 compliance with zoning requirements prior to the deoartment
30 issuing a probationary license
31
rn ~lJ
loc.J
1ffI\ \~
iPbwl
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1 (g) A comprehensive outline of the proposed services
2 for
3 1 Any new applicant; or
4 2 Any licensed service provider adding a new
5 licensable service component
6 Section 3 Section 397 405, Florida Statutes, is
7 amended to read
8 397 405 Exemptions from licensure --The following are
9 exempt from the licensing provisions of this chapter
10 (1) A hospital or hospital-based component licensed
11 under chapter 395
12 (2) A nursing home facility as defined in s 400 021
13 (3) A substance abLse education program established
14 pursuant to s 233 061
15 (4) A facility or institution operated by the Federal
16 Government
17 (5) A physician licensed under chapter 458 or chapter
18 459
19 (6) A psychologist licensed under chapter 490
20 (7) A social worker marriage and family therapist, or
21 mental health counselor licensed under chapter 491
22 (8) An established and legally cognizable church or
23 nonprofit religious organization or-denomination, oy sect
24 providing substance abuse services including prevention
25 services, which are exclusively religious spiritual, or
26 ecclesiastical in nature A church or nonprofit religious
27 organization or,denomination oy sect providing any of the
28 licensable service components itemized under s 397 311(18)s-
29 397 311(19)is not exempt for purposes of its provision of
30 such licensable service components but retains its exemption
31
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1 with respect to all services which are exclusively religious
2 spiritual, or ecclesiastical in nature
3 (9) Facilities licensed under s 393 063(8) that, in
4 addition to providing services to persons who are
5 developmentally disabled as defined therein, also provide
6 services to persons developmentally at risk as a consequence
7 of exposure to alcohol or other legal or illegal drugs while
8 in utero
9 (10) DUI education and screening services provided
10 EequiEed to be attel.ded pursuant to ss 316 192, 316 193
11 322 095, 322 271, and 322 291 ,'He exentpt fEom licensuEe ur.de:t
12 t1.is cl.apteE Persons or entities providing treatment
13 services pEogran.s must contil.ue to be licensed under this
14 chapter unless exempted from licensing as provided in this
15 section
16
17 The exemptions from licensure in this section do not apply to
18 any service provider that facility OE entity ~1.ic1. receives an
19 appropriation grant, or contract from the state to operate as
20 a service provider as defined in this chapter or to any
21 substance abuse program regulated pursuant to s 397 406
22 Furthermore, No pEov isim. of this chapter may not sl.all be
23 construed to limit the practice of a physician licensed under
24 chapter 458 or chapter 459, a psychologist licensed under
25 chapter 490, or a psychotherapist licensed under chapter 491
26 who provides pEOv idil.g outpatiellt OE il.patieI.t substance
27 abuse treatment to a voluI.taE}/ patiellt so long as the
28 physician, psychologist, or psychotherapist does not represent
29 to the public that he or she is a licensed service provider
30 and does not provide services to clients pursuant to part V of
31 this chapter undeJ:: tl.is act Failure to comply with any
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1 requirement necessary to maintain an exempt status under this
2 section is a misdemeanor of the first degree punishable as
3 provided in s 775 082 or s 775 083
4 Section 4 Subsection (1) of section 397 407 Florida
5 Statutes, is amended to read
6 397 407 Licensure fees
7 (1) The department shall establish licensure fees by
8 rule The rule must prescribe a fee range that is based, at
9 least in part, on the number and complexity of programs listed
10 in s 397 311(18)5 397 311(19)which are operated by a
11 licensee The fee range must be implemented over as-year
12 period The fee schedule for licensure of service components
13 must be increased annually in substantially equal increments
14 so that by July 1, 1998, the fees from the licensure of
15 service components are sufficient to cover at least 50 percent
16 of the costs of regulating the service components The
17 department shall specify by rule a fee range and phase-ln plan
18 for privately funded licensed service providers and a fee
19 range and phase-in plan for publicly funded licensed service
20 providers Fees for privately funded licensed service
21 providers must exceed the fees for publicly funded licensed
22 service providers The first year phase-in licensure fees
23 must be at least $150 per initial license The rule must
24 provide for a reduction in licensure fees for licensed service
25 providers who hold more than one license
26 Section 5 Subsection (2) of section 397 416 Florida
27 Statutes is amended to read
28 397 416 Substance abuse treatment services; qualified
29 professional--
3D (2) Notwithstanding any other provision of law, a
31 person who was certified through a certification process
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recognized by the former Department of Health and
Rehabilitative Services before January 1, 1995, may perform
the duties of a qualified professional with respect to
substance abuse treatment services as defined in this chapter,
and need not meet the certification requirements contained in
s 397 311(24)15 397 311(2~)
Section 6
amended to read
397 451 Background checks of service provider
personnel wl~o have direct COI!tact witl~ UI!lllC~..L..L. ied ,,,iI~or c.lie.1Ls
or cliehts wl~o are de velopn,eI!tallj' disabled --
Section 397 451, Florida Statutes is
(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
EXCEPTIONS
(a) Background checks shall apply as follows
1 All owners, directors, and chief financial officers
of service providers are subject to level-2 background
screening as provided under chapter 435
2 All service provider personnel who have direct
contact with children receiving services or with adults who
are developmentally disabled receiving services are subject to
level-2 background screening as provided under chapter 435
Se.cvice prov":"der personI.el wl~o l~ave direct contact wit!.
unmarried clients under the age of 18 jlears or with clieI.t.s
wLo are developn,er.talll' disabled are subject to background
cl~ecks, e:xc.ept as otl~er w":" se pr 0 v ideJ ':'1. this sect iOl.
(b) Stlldents ir. the l!ealtl~ care professions who are
iId~eJ::uiI~g u!lder the actuo.l physical presence supe.L. v":"SiOl! of a
licehsed Lealt!. care professiOI.al iI. a service provider
licensed uI!de.L. chapter 39~, where tl!e pri."arj' purpose of the
se.L.vice provider is not LLe treatn,eht of Llnn,arried l"inors or
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1 of pers0l1s wLo a:t:e developlllentally disabled aLe exerllpt fran,
2 tLe fiI1ge:t:prir:ting and backgrouI1d check :t:equi:t:en.eI1t5
3 (c) Persor.I1el ~0:t:kiI1g iI1 a service pro\T':'de]: liceI1sed
4 unde]: d1apte:t: J9:3 wLo l1ave less tl1an 1:3 110UYS pey week of
5 di:t:ect c0l1tact i9"itL unI"arried n,inors or ~itl.L persoI1s wl10 a:t:e
6 developllle11tallj disabled 0]: peYSOI111el who aLe Lealt11 care
7 professi0I1als liceLsed by tLe Depa:t:tn.eI1t of BusiI1ess and
8 Profes,sioual Regulat', 011 or a boarJ. tLe]:euI1der wLo are I10t
9 enlployed iI1 a seYv~ce provider wl1ere tl1e pyillla:t:y purpose is
10 tl1e tLeatLlleI.Lt of uUlIIarr':'ed n,iI10:t:S o:t: of pe]:sou5 wLo are
11 developn,eI1tally d.':'sabled a:t:e exenlpt fron, tLe fiI1geyprintiI1g
12 and backg]:ouI1d cLeck :t:equi:t:en,eI1ts
13 (b)+dt Members of a foster family and persons residing
14 with the foster family who are between 12 and 18 years of age
15 are not required to be fingerprinted but must have their
16 backgrounds checked for delinquency records Members of the
17 foster family and persons residing with the foster family over
18 18 years of age are subject to full background checks
19 iEl+et A volunteer who assists on an intermittent
20 basis for fewer than 40 hours per month and is under direct
21 and constant supervision by persons who meet all personnel
22 requirements of th_s chapter is exempt from fingerprinting and
23 background check requirements
24 19l~ Service providers that are exempt from
25 licensing provisions of this chapter are exempt from personnel
26 fingerprinting and background check requirements, except as
27 otherwise provided in this section A church or nonprofit
28 religious organization exempt from licensure under this
29 chapter is required to comply with personnel fingerprinting
30 and background check requirements
31
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~+gT Personnel employed by the Department of
Corrections in a substance abuse service component who have
direct contact with unmarried inmates under the age of 18 or
with inmates who are developmentally disabled are exempt from
the fingerprinting and background check requirements of this
section
(f) Service provider personnel who request an
exemption from disqualification must submit the request within
30 days after being notified of a pending disqualification
The employment of service provider personnel shall not be
adversely affected pending disposition of the request for an
exemption Disapproval of a request for an exemption shall
result in the immediate dismissal of the service provider
personnel from employment with the provider
(2) EMPLOYMENT HISTORY CHECKS; CHECKS OF
REFERENCES --The department shall assess employment history
checks and checks of references for all owners, directors, and
chief financial officers, and the directors shall assess
employment history checks and checks of references for each
employee who has direct contact with children receiving
services or adults who are developmentally disabled receiving
services uI!lua!:!:ied cl':'er.ts Ul!de!: tl.e age of 18 yea!:s or witl.
clieI!ts w!.o are developn,eI!tally disabled
( J ) rUN'Hiilll BACKGROUND CHECK STAN'DARD3 TI!e
departu.el!t sl.all .requL.e en.ployu,ent screeI.il!g pur$Ual!t to
cl!apter 43:J, using level 2 standards for screening set fo:r:tl.
in that cl!apte:r:, of ser vice provide!: pe:r:sOld!el ,,1!0 have di:r:ect
contact wit!! Ul..u<5.r:r:ied clients Ul!de:r: t!.e age of IE! yea:r:s or
wit!. cliel!ts wl.o are developmentally disabled
lll~ PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR
RECHECKED --
16
CODING Words stricken are deletions; words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 ~ Service provider personnel who have been
2 fingerprinted or had their backgrounds checked pursuant to
3 chapter 393, chapter 394 chapter 402, or chapter 409, or this
4 section and teachers who have been fingerprinted pursuant to
5 chapter 231 who have not been unemployed for more than 90
6 days thereafter and who, under the penalty of perjury, attest
7 to the completion of such fingerprinting or background checks
8 and to compliance with the provisions of this section and the
9 standards contained in chapter 435 and this section are not
10 required to be refingerprinted or rechecked ill o~de~ to cOhlply
11 witll se~vice provider persOllllel fingerpr':'lltillg or background
12 cLeck r equi r enleIl t s
13 (b) Service provider owners, directors, or chief
14 financial officers who are not covered by paragraph (a) who
15 provide proof of compliance with the level-2 background
16 screening requirements which has been sub~itted within the
17 previous 5 years in compliance with any other state health
18 care licensure requirements are not required to be
19 refingerprinted or rechecked
20 (4){5+ EXEMPTIONS FROM DISQUALIFICATION --
21 (a) The department may grant to any service provider
22 personnel an exemption from disqualification fron, vmrkir.g witll
23 children or the developn,eIltally disabled as provided in s
24 435 07
25 (b) Since rehabilitated substance abuse impaired
26 persons are effective in the successful treatment and
27 rehabilitation of substance abuse impaired adolescents for
28 service providers which treat adolescents 13 years of age and
29 older, service provider personnel whose background checks
30 indicate crimes under s 817 563, s 893 13 or s 893 147
31
17
CODING Words strickeIl are delet~onsi words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 may be exempted from disqualification from employment pursuant
2 to this paragraph
3 (c) The denartment may grant exemptions from
4 disqualificat~on which would limit service provider personnel
5 to working with adults in substance-abuse-treatment
6 facilities
7 (5)+57 PAYMENT FOR PROCESSING OF FINGERPRINTS AND
8 STATE CRIMINAL RECORDS CHECKS --The employing service provider
9 or the personnel who are having their backgrounds checked are
10 responsible for paying the costs of processing fingerprints
11 and criminal records checks
12 (6)+7+ DISQUALIFICATION FROM RECEIVING STATE
13 FUNDS --State funds may not be disseminated to any service
14 provider owned or operated by an owner~or director, or chief
15 financial officer who has been convicted of has entered a
16 plea of guilty or nolo contendere to, or has had adjudication
17 withheld for, a violation of s 893 135 pertaining to
18 trafficking in controlled substances, or a violation of the
19 law of another state, the District of Columbia, the United
20 States or any possession or territory thereof or any foreign
21 jurisdiction which is substantially similar in elements and
22 penalties to a trafficking offense in this state unless the
23 owner's or director's civil rights have been restored
24 Section 7 Paragraph (e) of subsection (5) of section
25 212 055, Florida Statutes, is amended to read
26 212 055 Discretionary sales surtaxes, legislative
27 intent; authorization and use of proceeds --It is the
28 legislative intent that any authorization for imposition of a
29 discretionary sales surtax shall be published in the Florida
30 Statutes as a subsection of this section, irrespective of the
31 duration of the levy Each enactment shall specify the types
18
CODING Words st~ickeI> are deletions; words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 of counties authorized to levy; the rate or rates which may be
2 imposed; the maximum length of time the surtax may be imposed,
3 if any; the procedure which must be followed to secure voter
4 approval, if required; the purpose for which the proceeds may
5 be expended, and such other requirements as the Legislature
6 may provide Taxable transactions and administrative
7 procedures shall be as provided in s 212 054
8 (5) COUNTY PUBLIC HOSPITAL SURTAX --Any county as
9 defined in s 125 011(1) may levy the surtax authorized in
10 this subsection pursuant to an ordinance either approved by
11 extraordinary vote of the county commission or conditioned to
12 take effect only upon approval by a majority vote of the
13 electors of the county voting in a referendum In a county as
14 defined in s 125 011(1), for the purposes of this subsection,
15 "county public general hospital" means a general hospital as
16 defined in s 395 002 which is owned, operated, maintained, or
17 governed by the county or its agency, authority, or public
18 health trust
19 (e) A governing board, agency, or authority shall be
20 chartered by the county commission upon this act becoming law
21 The governing board, agency, or authority shall adopt and
22 implement a health care plan for indigent health care
23 services The governing board, agency, or authority shall
24 consist of no more than seven and no fewer than five members
25 appointed by the county commission The members of the
26 governing board, agency, or authority shall be at least 18
27 years of age and residents of the county No member may be
28 employed by or affiliated with a health care provider or the
29 public health trust, agency, or authority responsible for the
30 county public general hospital The following community
31 organizations shall each appoint a representative to a
19
CODING Words 5t~ickeI. are deletions words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 nominating committee the South Florida Hospital and
2 Healthcare Association, the Miami-Dade County Public Health
3 Trust, the Dade County Medical Association, the Miami-Dade
4 County Homeless Trust, and the Mayor of Miami-Dade County
5 This committee shall nominate between 10 and 14 county
6 citizens for the governing board, agency, or authority The
7 slate shall be presented to the county commission and the
8 county commission shall confirm the top five to seven
9 nominees, depending on the size of the governing board Until
10 such time as the governing board, agency, or authority is
11 created, the funds provided for in subparagraph (d)2 shall be
12 placed in a restricted account set aside from other county
13 funds and not disbursed by the county for any other purpose
14 1 The plan shall divide the county into a minimum of
15 four and maximum of six service areas, with no more than one
16 participant hospital per service area The county public
17 general hospital shall be designated as the provider for one
18 of the service areas Services shall be provided through
19 participants' primary acute care facilities
20 2 The plan and subsequent amendments to it shall fund
21 a defined range of health care services for both indigent
22 persons and the medically poor, including primary care,
23 preventive care, hospital emergency room care, and hospital
24 care necessary to stabilize the patient For the purposes of
25 this section, "stabilization" means stabilization as defined
26 in s 397 311(29)5 397 311(30) Where consistent with these
27 objectives, the plan may include services rendered by
28 physicians, clinics, community hospitals, and alternative
29 delivery sites, as well as at least one regional referral
30 hospital per service area The plan shall provide that
31 agreements negotiated between the governing board, agency, or
20
CODING Words stricken are deletions; words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 authority and providers shall recognize hospitals that render
2 a disproportionate share of indigent care, provide other
3 incentives to promote the delivery of charity care to draw
4 down federal funds where appropriate and require cost
5 containment including, but not limited to case management
6 From the funds specified _n subparagraphs (d)l and 2 for
7 indigent health care services, service providers shall receive
8 reimbursement at a Medica~d rate to be determined by the
9 governing board, agency, or authority created pursuant to this
10 paragraph for the initial emergency room visit, and a
11 per-member per-month fee or capitation for those members
12 enrolled in their service area, as compensation for the
13 services rendered following the initial emergency visit
14 Except for provisions of emergency services, upon
15 determination of eligibility, enrollment shall be deemed to
16 have occurred at the time services were rendered The
17 provisions for specific re_mhursement of emergency services
18 shall be repealed on July 1, 2001, unless otherwise reenacted
19 by the Legislature The capitation amount or rate shall be
20 determined prior to progra~ implementation by an independent
21 actuarial consultant In no event shall such reimbursement
22 rates exceed the Medicaid rate The plan must also provide
23 that any hospitals owned and operated by government entities
24 on or after the effective date of this act must, as a
25 condition of receiving funds under this subsection afford
26 public access equal to that provided under s 286 011 as to
27 any meeting of the governing board, agency, or authority the
28 subject of which is budget~ng resources for the retention of
29 charity care, as that ter~ is defined in the rules of the
30 Agency for Health Care Adm_nistration The plan shall also
31 include innovative health care programs that provide
21
CODING Words 5tricken are deletions, words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 cost-effective alternatives to traditional methods of service
2 and delivery funding
3 3 The plan's benefits shall be made available to all
4 county residents currently eligible to receive health care
5 services as indigents or medically poor as defined in
6 paragraph (4) (d)
7 4 Eligible residents who participate in the health
8 care plan shall receive coverage for a period of 12 months or
9 the period extending from the time of enrollment to the end of
10 the current fiscal year, per enrollment period, whichever is
11 less
12 5 At the end of each fiscal year, the governing
13 board, agency, or authority shall prepare an audit that
14 reviews the budget of the plan, delivery of services, and
15 quality of services, and makes recommendations to increase the
16 plan's efficiency The audit shall take into account
17 participant hospital satisfaction with the plan and assess the
18 amount of poststabilization patient transfers requested, and
19 accepted or denied, by the county public general hospital
20 Section 8 Paragraphs (d) and (g) of subsection (1) of
21 section 440 102, Florida Statutes, are amended to read
22 440 102 Drug-free workplace program requirements --The
23 following provisions apply to a drug-free workplace program
24 implemented pursuant to law or to rules adopted by the Agency
25 for Health Care Administration
26 (1) DEFINITIONS --Except where the context otherwise
27 requires, as used in this act
28 (d) "Drug rehabilitation program" means a service
29 provider, established pursuant to s 397 311(27)s-
30 397 311(28), that provides confidential, timely and expert
31
22
CODING Words stric:kell are deletions; words underlined are additions
ENROLLED
2002 Legislature
CS for SB 682
1 identification, assessment, and resolution of employee drug
2 abuse
3 (g) "Employee assistance program" means an established
4 program capable of providing expert assessment of employee
5 personal concerns, confidential and timely identification
6 services with regard to employee drug abuse; referrals of
7 employees for appropriate diagnosis, treatment, and
8 assistance; and followup services for employees who
9 participate in the program or require monitoring after
10 returning to work If in addition to the above activities, an
11 employee assistance program provides diagnostic and treatment
12 services, these services shall in all cases be provided by
13 service providers pursuant to s 397 311(27)5 397 311(20)
14 Section 9 This act shall take effect July 1, 2002
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
23
CODING Words stricker! are deletions, words underlined are additions
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TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
PO BOX 310
BOYNTON BEACH, flORIDA 33425-0310
FAX. (561) 742-6259
PLANNING AND ZONING DIVISION
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Planmng and Zomng DIvisIOn
CIty of Boynton Beach
Boynton Beach, Flonda 33425
742-6260
Fax 742-6259
Mike,
I called Angela Usher to see what transpired at yesterday's School Board Meeting
Tom Lynch, Chair, tried to rally the forces to vote in opposition to Watershed, however,
Dr Robinson, who Angela says has a medical degree, spoke in favor of the facility She
feels that the school should work with Watershed, particularly in light of the three drug-
related teen deaths that have occurred in PB Gardens. Dr Robinson will be at the
Commission Meeting tonight.
The School Board has drafted a list of negative uses to send to all municipalities and
ask that when any are proposed in proximity to a public school facility, the Board be
informed
If you have any questions, call me at 265-1205
Dick
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
POBOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX. (561) 742-6259
PIANNING AND ZONING DIVISION
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TIME 06/04/2002 15 18
NAME BOYNTON BEACH P & z
FAX 5613756259
TEL 5613756260
DATE,TIME
FAX NO /NAME
DURATION
PAGE(S)
RESULT
MODE
06/04 15 12
93556344
00 05 27
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ORANSMISSION VERIFICATION REPORT
1-
TIME 06/04/2002 15 18
NAME BOYNTON BEACH P & Z
FAX 5513755259
TEL 5613756260
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
06/04 15 12
93556344
00 05 27
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OK
ST AI'lDARD
ECM
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
POBOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX. (561) 742-6259
PLANNING AND ZONING DIVISION
To
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Planmng and Zonmg DIVISIon
CIty of Boynton Beach
Boynton Beach, FlorIda 33425
742-6260
Fax 742-6259
4NSMISSION VERIFICATION REPORT
TIME 06/03/2002 11 12
NAME BOYNTON BEACH P & Z
FAX 5513755259
TEL 5513755260
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DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
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06/03 11 08
94348187
00 04 10
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STANDARD
ECM
(b) Gropu B satellite dish
antennae shall be freestanding, ground mounted, and
self supponing without structural connections to any
other structure or building
(c) No pan of any satellite
dish antenna installation may extend beyond the
height of the horizontal eave line of the uppennost
floor of any single-family or duplex home.
(2) Satellite dish antennae
installed to serve any use other than single-family or
duplex homes must also comply with the following
requirements
(a) Chapter 4 of the Land
Development Regulations
(b) Only one (1) Group B
satellite dish antenna may be located in a multifamily
complex and it may not be located on a roof
Nothing in this provision shall be construed to alter
or impair any rights, authority, or restrictions
imposed by deed or under the rightful authority of
any homeowners' association
(c) A Group B satellite dish
antenna installed in commercial and industrial zoning
districts may not be located on a roof so that the dish
is visible from a public right-of-way or residential
district, except as stipulated in 1.a (4) hereinbefore
(d) Group B satellite dish
antennae which are mounted on a tower and used for
communication in connection with the operation of a
business shall provide reasonable screening and shall
be subject to conditional use approval
(3) Satellite dish antennae
properly permitted prior to April 4, 1995 may remain
in place notwithstanding provisions stipulated herein
but they may not be replaced, reconstructed or
modified without bringing the entire installation into
full compliance with this section.
~ N PERFORMANCE STANDARDS All uses
located within the city shall contonn to the
perfonnance standards set fonh below, and shall be
constructed, maintained and operated so as not to be
1997 S-5
Zoning
7
a nuisance or hazard to persons, animals, vegetation
or propeny located on adjacent or nearby propenies
or rights-of-way, or to interfere with the reasonable
use or enjoyment of adjacent or nearby propeny by
reason of noise, vibration, smoke, dust or other
paniculate matter; toxic or noxious matter; odors,
glare, heat or humidity; radiation, electromagnetic
interference, fire or explosion hazard, liquid waste
discharge, or solid waste accumulation. Funhennore,
no use shall be carried out so as to create any
nuisance or hazard which is violation of any
applicable federal, state, county, or city law or
permit, and all such laws and permits are hereby
adopted as perfonnance standards in these zoning
regulations
1 Noise. No use shall be carried out in
any zoning district so as to create sound which is in
violation of Section 15-8 of the City of Boynton
Beach Code of Ordinances
2 Vibrations No use shall be carried out
in any zoning district so as to create inherently and
recurrently generated ground vibrations which are
perceptible without instruments at any point at or
beyond the propeny lines of the propeny on which
the use is located.
3 Smoke, dust, din, or other paniculate
matter No use shall be carried out within any zoning
district so as to allow the emission of smoke, dust,
din or other panicular matter which may cause
damage to propeny or vegetation, discomfon or hann
to persons or animals, or prevent the reasonable use
and enjoyment of propeny and rights-of-way, at or
beyond the propeny lines of the propeny on which
the use is located Funhennore, no use shall be
carried out so as to allow the emission of any
substances in violation of any federal, state, county or
city laws or permits governing the emission of such
substances
4 Odors and fumes No use shall be
carried out in any industrial district so as to allow the
emission of objectionable or offensive odors or fumes
in such concentration as to be readily perceptible at
any point at or beyond the boundary of industrial
districts For all nonindustrial districts, the standards
contained in this paragraph shall apply where the
/
8
Boynton Beach Code
district abuts any residential dIstrict.
5 Toxic or noxious matter No use shall
be carried out in any zoning district so as to allow the
discharge of any toxic or noxious matter in such
concentrations as to cause damage to property or
vegetation, discomfort or harm to persons or animals,
or prevent the reasonable use and enjoyment of
property or rights-of-way, at or beyond the property
line of the property on which the use is located, or to
contaminate any public waters or any groundwater
6 Fire and explosion hazards No use
shall be carried out in any zoning district so as to
create a fire or explosion hazard to adjacent or
nearby property or rights-of-way, or any persons or
property thereon. Furthermore, the storage, use or
production of flammable or explosive materials shall
be in conformance with the provisions of Chapter 9
of the City of Boynton Beach Code of Ordinances
7 Heat, humidity, or glare No use shall
be carried out in any zoning district so as to produce
heat, humidity or glare which is readily perceptible at
any point at or beyond the property line of the
property on which the use IS located Artificial
lighting which is used to illuminate any property or
use shall be directed away from any residential use
which is a conforming use according to these zoning
regulations, so as not to create a nuisance to such
residential uses
8 Liquid waste No use shall be carried
out in any zomng dIstrict so as to dIspose of liqmd
waste of any type, quantity or manner which is not in
conformance with the provisions of Chapter 26 of the
City of Boynton Beach Code of Ordinances, or arty
applicable federal, state or county laws or permits
9 Solid waste No use shall be carried
out in any zoning district so as to allow the
accumulation or disposal of solid waste which is not
in conformance with Chapter 10 of the City of
Boynton Beach Code of Ordinance, or which would
cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way
10 Electromagnetic interference No use
shall be carried out in any zoning district so as
to create electromagnetic radiation which causes
abnormal degradation of performance of any
electromagnetic receptor of quality and proper design
as defined by the principles and standards adopted by
the Institute of Electrical and Electronics Engineers,
or the Electronic Industries Association
Furthermore, no use shall be carried out in any
zoning district so as to cause electromagnetic
radiation which does not comply with the Federal
Communications Commission regulations, or which
causes objectionable electromagnetic interference with
normal radio or television reception in any zoning
district.
r
11 Hazardous materials and hazardous
waste
a. Prior to the issuance of an
occupational license in the city, the operator of any
use that uses, handles, stores or displays hazardous
materials or that generates hazardous waste, as
defined in 40 Code of Federal Regulations, Part 261,
and requires a permit for same from a state or federal
agency, or requires periodic reporting to a state or
federal agency, shall be required to obtain a permit in
accordance with Section 11 3, Environmental Review
Permits
/,
b The operator of any such use
shall be required to design and construct, prior to
occupancy, an appropriate separate spill containment
system to hold spilled hazardous materials for
cleanup, independent from the storm water drainage
system, along with an appropriate early warning
monitoring program. The containment system and
monitoring program shall be a type which is generally
acceptable to the Florida Department of
Environmental Regulation and the South Florida
Water Management District, and shall serve all
structures or areas where hazardous materials are
used, handled, stored or displayed, or where
hazardous wastes are generated.
c. Depressed truck wells which are
utilized by users of hazardous materials and
generators of hazardous waste shall provide a
drainage system which shall be designed and
maintained to include oil and grease receptors, and
open bottom sedimentation pumps as pollutant
retardant structures Such systems shall be designed
so as to prevent pollutants from entering surface
{
0,,--
)
waters and groundwater Parking areas and
dnveways adjacent to truck wells shall be designed to
divert runoff to storage and exfiltratlOns systems on-
site, prior to discharge into surface waters or storm
sewers
d Users of hazardous materials and
generators of hazardous waste shall develop hazardous
matenals response plans pnor to the operation of such
uses, which shall require the approval of the
environmental review committee ThiS plan shall
Identify appropnate measures for contamination
response mcluding, but not limited to
(1) Provision of equipment and
tramed personnel on-site or a contract with a
contammatIon response firm meeting Flonda
Department of Environmental RegulatIOn standards,
where appropnate,
(2) Specification of follow-up
water quahty momtonng programs to be implemented
in the event of contamination,
(3) Specification of design and
operational measures to contain and direct
contaminated surface runoff away from lakes, ponds,
canals, drainage structures and/or other connections to
the surficial aqUifer
(4) Specifications for the
development and implementation of an early warning
monitoring program,
(5) Proof of financial
responsibility which will assure that cleanup costs can
be provided
(6) A copy of the permit Issued by
or application for permit to the governmental agency
or agencies responsible for permitting the handling,
storage display, or generation of the particular
hazardous matenals or hazardous wastes Where only
penodic reports are reqUired to be supphed to such
agencies copies of these reports shall be proVided to
the environmental review committee
(7) Where the mformation
reqUired under (1) through (6) above IS required as
2002 S-17
Zoning
9
part of the information reqUired for permittmg by or
reporting to governmental agencies responsible for
regulating hazardous matenals or hazardous wastes,
thiS information shall be considered sufficient for the
purpose of this section
o ELECTRIC SUBSTATIONS, SWITCHING
STATIONS AND UTILITY FACILITIES Electnc
substatIOns sWitching stations and utihty facihtles are
allowable m all land use categories and zonmg dlstncts
subject to full site plan review as described in Chapter
4 and subject to screenmg on all sides with walls or
acceptable landscaping as described in Chapter 9
SectIOn 10, paragraph C4 (Ord No 96-51, S 1,
1-21-97, Ord No 96-66, S 1, 1-7-97, Ord No
99-24, S 2, 9-7-99, Ord No 01-52, S 3, 10-4-01)
See 5 Residential district regulations and use
provisions.
A R-I-AAA SINGLE-FAMILY
RESIDENTIAL DISTRICT These distnct regulations
will create the lowest populatIOn density of not more
than 3 48 dwelhng units per acre
Uses permitted Within any R-I-AAA
smgle-family residential district, no bUlldmg
structure land or water shall be used except for one of
the following uses
a Smgle-family dwellings includmg
the garages and other customary accessory bUildings
Carports are not allowed Disaster shelters are
permitted The shelters are to be used only for the
deSignated purpose in times of danger
b Churches and other places of
worship With their attendant accessory uses, includmg
daycare and pre-school facilitles*, providmg for a
minimum site of one acre with a minimum of one
hundred fifty (150) foot frontage Nursery schools,
primary and secondary schools and colleges and
umversities are not to be construed to be an accessory
use to a place of worship by these regulations
c City-owned and -operated facilities
d Pnvate golf courses and
associated clubhouse facilities mcludmg private bath
5
4 Includes a program for full provIsion,
maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the PID, but will not be
provided, operated or maintained at public expense
C MINIMUM LAND AREA FOR PID The
mimmum land area for a planned industrial
development shall be twenty-five (25) contiguous
acres
D UNIFIED CONTROL All land included
for purpose of development within district shall be
under the control of the applicant (an individual,
partnership, or corporation or group of individuals,
partnerships or corporations) The applicant shall
present satisfactory legal documents to constitute
eVidence of the unified control of the entire area
withm the proposed PID The applicant shall agree
to
1 Proceed with the proposed development
according to the provisions of these zomng
regulations and conditions attached to the zoning of
the land to PID,
2 Provide agreements, contracts, deed
restrIctIOns, and sureties acceptable to the city for
completion of the development accordmg to the plans
approved at the time of zoning to PID and for
continuing operations and maintenance of such areas,
functions, and facilities as are not to be provided,
operated, or maintained at public expense, and
3 Bmd their successors in title to any
commitments made under subsection D 1 and 2
above All agreements and eVidence of unified
control shall be examined by the city attorney and no
zoning of land to PID classification shall be adopted
without a certification by the city attorney that such
agreements and evidence of unified control meet the
requirements of these zoning regulations
P E USES PERMITTED In the PIQ, a
building and its customary ancillary structures and
land uses may be erected, altered and occupied for
any office professional, busmess (wholesale or
retail) educational institution, adult entertainment in
accordance with Section 11 M, recreational and
attractions as defined for the industrial land use
2000 S-12
Zoning
37
claSSIfication, multI-family residentIal, and mixed use
residential/commercial uses in PID's totaling a
minimum of 500 acres or industrial use provided that
such use or uses Is/are approved by the planning and
development board In approving uses in the PID,
the planning and development board shall make
findmgs that the use or uses proposed will not be in
conflict with the performance standards listed in
Section 4 N of these zoning regulations, and that the
use or uses proposed is/are consistent with the intent
and purpose of this section. For the purpose of this
section, educational institutIOn shall mean a public,
quasi-public or prIvate facility that offers instruction
to students for one (1) or more of the following
needs preschool programming, tutoring,
kmdergarten, elementary and secondary grades
schooling, higher learning for the purpose of granting
degrees in a particular field and occupational or
industrial, technical training In addition, uses
permitted are subject to limitations as follows
1 Outdoor storage of materials may be
permitted based on a finding of the planning and
development board that such storage does not exceed
fifteen (15) per cent of the total square footage of the
building site and that such storage is screened and
fenced to preclude exposure to the publIc, and
2 All uses proposed which are listed in
Section 8.A.3 shall require the issuance of an
environmental review permit as set forth in Section
11 3 of these zonmg regulations Furthermore, the
planning and development board may require that any
other use obtain an environmental review permit,
prior to being established in a particular PID
Any use approved by the planning and development
board for a particular PID which uses, handles,
stores, or displays hazardous materIals, or which
generates hazardous waste, as defined by 40 Code of
Federal Regulations Part 261, shall also require an
environmental review permit in accordance With
Section 11 3 of these zoning regulations
F USES PROHIBITED
1 ReSidential uses With the exception of
accessory hotels or motels Multi-family and mixed
use residential/commercial uses are allowed in PID's
with gross acreage totaling at least 500 acres
t;
a. Public buildings and facilities
such as city hall, police and fire stations, libraries,
public schools, public utilities and cemeteries,
b Private or semi-private institutions
(excluding churches and schools) such as hospitals,
utilities, and other non-profit facilities,
c. Other governmental agencies such
as those providing postal, administrative or regulatory
services,
d. Telecommunication towers
lA. Uses requiring environmental review
permit Any use listed under 5.J 1 above which
uses, handles, stores or displays hazardous materials
or which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11 3
2 Building and site regulations No
building or portion thereof shall be erected,
constructed converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet'"
45 feet, not to
exceed four (4)
stories
.When abutting residential districts, side and/or rear
yard shall be thirty (30) feet.
3 Off-street parking' As provided in
Section I1-H hereinafter
K. PUD PLANNED UNIT DEVELOPMENT
DISTRICTS Chapter 2 5 of the Land Development
Regulations is hereby incorporated by reference into
these zoning regulations, and all planned unit
developments shall be considered zoning districts on
the official zoning map Chapter 2 5, and all planned
unit developments approved in accordance with
1998 S-9
Zoning
15
Chapter 2.5, shall be subject to all applicable
'provisions of these zoning regulations, except as
otherwise provided for in Chapter 2 5
(Ord. No 96-32, ~ 1, 8-8-96, Ord No 96-51, ~ 2,
1-21-97,Ord No 98-36, ~ I, 9-15-98)
Sec. 6. Commercial district regulations and use
provisions.
A. C-l OFFICE AND PROFESSIONAL
COMMERCIAL DISTRICT These district
regulations will provide appropriate space for office
and professional uses, located to provide ready access
to such services for all
1 Uses permitted. Within any C-l office
and professional zoning district, no building,
structure, land or water, or any part thereof, shall be
erected, altered or used, in whole or in part, except
for one (1) or more of the following specified uses
(single-family occupancy when incidental and
necessary to main use is permitted) Those uses,
however, which are listed in lA. below shall require
conditional use approval, and those uses which are
indicated under IB below shall require an
environmental review permit, prior to the
establishment of these uses
a. Churches and other places of
worship and attendant accessory uses Day care
centers, primary and secondary schools, seminaries,
and colleges and universities shall not be construed to
be an accessory use to a place of worship, however
b Financial institutions, including
drive-through facilities
c. Funeral homes
d Funeral home with Crematorium. '"
e. Government facilities, including
public community centers, excluding uses which have
extensive storage or maintenance facilities, or storage
or maintenance as their principal use.
~ f Hospitals.
g Medical and dental offices and
clinics
~
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lIJOO N"N 15 Street · 30':;3 Ra)!n, }f:' 33486
1.80D-866.6370 · 561362 7ll ti · FeJt: 561.362-0854
~a,-2g-02 11 13am Fran-
T-OOI P OZ/03 F-146
AGREEMENT FOR
SALE AND PURCHASE OF PROPERTY
This Agreement for Sale and Purchase of Property ("Agreement") is between
Quantum Limited Partners, Ltd., a Florida limited partnership rSeller"); and The
Watershed. Act II, Inc., a Florida corporation rBuyer")
1 AGREEMENT TO SELL, PURCHASE PRICE
1.01 Agreement to Sell and Convey Seller hereby agrees to sell and convey to Buyer
and Buyer hereby agrees to purchase from Seller subject to the terms and conditions
hereinafter set forth, all that certain parcel of land located in Palm Seach County, Florida,
and being more particularly described on EXHIBIT 'IA" attached hereto and incorporated
herein consisting of approximately 5 332 +1- acres plus submerged lands, together with the
following
a All and singular the nghts and appurtenances pertaining
thereto, including any right, title and interest of Seller in and to adjacent
streets, roads, alleys and rights-of-way; and
b. All easements, licenses, reservations, permits, approvals,
consents and other such use rights, interests and privileges granted, owned
or used by Seller for the ownership, use, construction operation and
maintenance of the Property (defined below) or In any manner appurtenant
thereto
The land described on EXHIBIT "A", and the rights, interests, and other properties
descnbed above, are collectively called the 'Property
1 02 Purchase Price. The purchase price ("Purchase Price~) to be paid for the Property
shall be $987 113 68 The Purchase Price shall be paid by Buyer to Seller as follows
$98,000 00 Dollars earnest money deposit to be delivered to and held by
Cohen, Norris, Scherer, Weinberger & Wolmer, located at 712 U S Highway
One North Palm Beach, Florida 33408 ("Escrow Agent") upon execution
hereof
All earnest monies deposited hereunder, together with all interest accrued
thereon, shall be collectively referred to as the "Deposit"
The balance ofthe Purchase Price, subject to adjustments for prorations and
Closing costs as specified herein, shall be paid in cash by cashIer's check
or Immediately wired federal funds, payable to the order of Seller, or as
Seller shall otherwise designate in writing prior to Closing
Page 1 of 17 Pages
~aY-Z9-02 11 14am From-
T-001 P 03/03 F-146
EXHIBIT A"
THOSE LOTS LOCATED IN QUANTUM PARK AT BOYNTON BEACH AS HEREI NAFTER
LISTED
Lots 48A, 488, 48C and 480, QUANTUM PARK AT BOYNTON BEACH P 1.0 , PLAT NO
10, according to the Plat thereof on file in the Office of the CIeri< of the Circuit Court in and
for Palm Beach County, Florida recorded in Plat Book 60, page 34, said lands situate, lying
and being in Palm Beach County, Florida
Page 15 of 17 Pages