Florida Senate - 2014                                     SB 582
       By Senator Clemens
       27-00459-14                                            2014582__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.311, F.S.; providing definitions; creating s.
    4         397.487, F.S.; prohibiting a sober house transitional
    5         living home from operating in this state without a
    6         valid certificate of registration from the Department
    7         of Children and Families; requiring a sober house
    8         operator to annually apply for a certificate of
    9         registration with the department; requiring certain
   10         sober house transitional living homes to apply for a
   11         certificate of registration by a specified date;
   12         requiring the department to adopt rules pertaining to
   13         the application process for obtaining a certificate of
   14         registration; requiring background screening of
   15         certain personnel; requiring the department to suspend
   16         and reinstate a certificate of registration of a sober
   17         house transitional living home under certain
   18         circumstances; providing a criminal penalty for
   19         operating a sober house transitional living home
   20         without a valid certificate of registration; providing
   21         certain requirements in advertising a sober house
   22         transitional living home; providing a criminal
   23         penalty; authorizing the department to conduct
   24         inspections; authorizing the department to deny,
   25         suspend, or revoke the certificate of registration of
   26         a sober house transitional home; providing eviction
   27         procedures; requiring the department to adopt rules;
   28         amending ss. 212.055 and 440.102, F.S.; conforming
   29         cross-references; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsections (30) through (39) of section
   34  397.311, Florida Statutes, are amended to read:
   35         397.311 Definitions.—As used in this chapter, except part
   36  VIII, the term:
   37         (30)“Registrable component” includes a sober house
   38  transitional living home that is a residential dwelling unit
   39  that provides a peer-supported, managed, alcohol-free, and drug
   40  free living environment.
   41         (31) “Residential dwelling unit” means a single unit used
   42  primarily for living and sleeping which provides complete
   43  independent living facilities for one or more persons, including
   44  permanent provisions for living, sleeping, eating, cooking, and
   45  sanitation.
   46         (32)(30) “Screening” means the gathering of initial
   47  information to be used in determining a person’s need for
   48  assessment, services, or referral.
   49         (33)(31) “Secure facility,” except where the context
   50  indicates a correctional system facility, means a provider that
   51  has the authority to deter the premature departure of
   52  involuntary individuals whose leaving constitutes a violation of
   53  a court order or community-based supervision as provided by law.
   54  The term “secure facility” includes addictions receiving
   55  facilities and facilities authorized by local ordinance for the
   56  treatment of habitual abusers.
   57         (34)(32) “Service component” or “component” means a
   58  discrete operational entity within a service provider which is
   59  subject to licensing as defined by rule. Service components
   60  include prevention, intervention, and clinical treatment as
   61  defined described in subsection (18).
   62         (35)(33) “Service provider” or “provider” means a public
   63  agency, a private for-profit or not-for-profit agency, a person
   64  who is a private practitioner, or a hospital licensed under this
   65  chapter or exempt from licensure under this chapter.
   66         (36)(34) “Service provider personnel” or “personnel”
   67  includes all owners, directors, chief financial officers, staff,
   68  and volunteers, including foster parents, of a service provider.
   69         (37)“Sober house operator” means a person who operates a
   70  sober house transitional living home.
   71         (38)(35) “Stabilization” connotes short-term emergency
   72  treatment and means:
   73         (a) Alleviation of a crisis condition; or
   74         (b) Prevention of further deterioration,
   76  and connotes short-term emergency treatment.
   77         (39)(36) “Substance abuse” means the misuse or abuse of, or
   78  dependence on alcohol, illicit drugs, or prescription
   79  medications. As an individual progresses along this continuum of
   80  misuse, abuse, and dependence, there is an increased need for
   81  substance abuse intervention and treatment to help abate the
   82  problem.
   83         (40)(37) “Substate entity” means a departmental office
   84  designated to serve a geographical area specified by the
   85  department.
   86         (41)(38) “System of care” means a coordinated continuum of
   87  community-based services and supports that are organized to meet
   88  the challenges and needs of individuals who are at risk of
   89  developing substance abuse problems or individuals who have
   90  substance abuse problems.
   91         (42)(39) “Treatment plan” means an immediate and a long
   92  range plan based upon an individual’s assessed needs and used to
   93  address and monitor an individual’s recovery from substance
   94  abuse.
   95         Section 2. Section 397.487, Florida Statutes, is created to
   96  read:
   97         397.487Sober house transitional living homes.—
   98         (1)APPLICATION.—
   99         (a)A sober house transitional living home may not operate
  100  in this state without a valid certificate of registration from
  101  the department.
  102         (b) A sober house operator shall annually apply to the
  103  department for a certificate of registration to operate a sober
  104  house transitional living home by submitting the following:
  105         1.The name and physical address of the sober house
  106  transitional living home.
  107         2.The name of the sober house operator.
  108         3.The number of individuals served at the sober house
  109  transitional living home.
  110         4.Proof of screening and background checks as required
  111  under chapter 435.
  112         5. Written eviction procedures in accordance with
  113  subsection (7).
  114         6. Proof of satisfactory fire, safety, and health
  115  inspections and compliance with local zoning ordinances.
  116         7. A registration fee, not to exceed $200.
  117         (c)A sober house transitional living home in existence on
  118  July 1, 2014, shall apply for a certificate of registration by
  119  September 1, 2014.
  120         (d) The department shall adopt rules pertaining to the
  121  application process for obtaining a certificate of registration.
  122         (2)BACKGROUND SCREENING.—
  123         (a)The owner, director, manager, operator, and chief
  124  financial officer of a sober house transitional living home are
  125  subject to level 2 background screening as provided in s.
  126  435.04.
  127         (b)The department may not grant a certificate of
  128  registration to a sober house transitional living home that
  129  fails to provide proof that background screening information has
  130  been submitted in accordance with chapter 435.
  131         (c)If a background screening reveals that an individual
  132  specified in paragraph (a) has been arrested for and is awaiting
  133  final disposition of, has been found guilty of, regardless of
  134  adjudication, or has entered a plea of nolo contendere or guilty
  135  to, or has been adjudicated delinquent and the record has not
  136  been sealed or expunged, for an offense prohibited under the
  137  level 2 screening standards established in s. 435.04, the
  138  department may not grant a certificate of registration to the
  139  applicant sober house transitional living home unless an
  140  exemption from disqualification has been granted by the
  141  department pursuant to chapter 435.
  142         (d)The department shall immediately suspend the
  143  certificate of registration of a sober house transitional living
  144  home if an individual specified in paragraph (a), while acting
  145  in his or her professional capacity, is arrested for and is
  146  awaiting final disposition of, is found guilty of, regardless of
  147  adjudication, or enters a plea of nolo contendere or guilty to,
  148  or is adjudicated delinquent and the record is not sealed or
  149  expunged, for an offense prohibited under the level 2 screening
  150  standards established in s. 435.04. The department shall
  151  reinstate the certificate of registration after such individual
  152  resigns or is removed from his or her position at the sober
  153  house transitional living home and replaced by another qualified
  154  individual who passes the level 2 background screening as
  155  provided in s. 435.04.
  156         (3)PENALTIES.—A person or agency that operates a
  157  residential dwelling unit as a sober house transitional living
  158  home without a valid certificate of registration in accordance
  159  with this section commits a misdemeanor of the first degree,
  160  punishable as provided in s. 775.082 or s. 775.083.
  161         (4)ADVERTISING.—A person, as defined in s. 1.01, who owns
  162  or operates a sober house transitional living home must include
  163  the home’s state registration number within an advertisement of
  164  the sober house transitional living home. A person who violates
  165  this subsection commits a misdemeanor of the first degree,
  166  punishable as provided in s. 775.082 or s. 775.083.
  167         (5)INSPECTIONS.—
  168         (a)An authorized agent of the department may enter and
  169  inspect at any time a sober house transitional living home that
  170  has a certificate of registration from the department to
  171  determine whether it is in compliance with statutory and
  172  regulatory requirements.
  173         (b)An authorized agent of the department may, with the
  174  permission of the person in charge of the premises or pursuant
  175  to a warrant, enter and inspect a residential dwelling unit that
  176  the agent reasonably suspects to be operating as a sober house
  177  transitional living home in violation of this section.
  178         (c)Notwithstanding the confidentiality provisions of this
  179  chapter, a designated and authorized agent of the department may
  180  access the records of the individuals served by a sober house
  181  transitional living home solely for purposes of certification,
  182  monitoring, and investigation. The department may interview
  183  these individuals as specified by rule.
  184         (d)Before the department grants or denies a certificate of
  185  registration, an authorized agent of the department may enter
  186  and inspect at any time the premises of an applicant sober house
  187  transitional living home.
  188         (e)The department shall maintain certificates of
  189  registration and reports of inspections of sober house
  190  transitional living homes as public records that are available
  191  to any person upon request and upon payment of a reasonable
  192  charge for copying as provided in s. 119.07.
  194         (a)If the department determines that an applicant or a
  195  sober house transitional living home is not in compliance with
  196  statutory and regulatory requirements, the department may deny,
  197  suspend, revoke, or impose reasonable restrictions or penalties
  198  on the certificate of registration or any portion of the
  199  certificate. In such case, the department may:
  200         1.Impose an administrative penalty of up to $500 per day
  201  against a sober house transitional living home that operates in
  202  violation of statutory or regulatory requirements.
  203         2.Suspend or revoke a sober house transitional living
  204  home’s certificate of registration if, after notice, the
  205  department determines that the home has failed to correct a
  206  substantial or chronic violation of a statutory or regulatory
  207  requirement which impacts the safety of the individuals served
  208  at the home.
  209         (b)If a sober house transitional living home’s certificate
  210  of registration is revoked, the home is barred from submitting
  211  an application for a certificate of registration to the
  212  department for a period of 1 year after the revocation.
  213         (c)Proceedings for the denial, suspension, or revocation
  214  of a sober house transitional living home’s certificate of
  215  registration must be conducted in accordance with chapter 120.
  216         (d)The department may maintain an action in court to
  217  enjoin the operation of an uncertified sober house transitional
  218  living home that violates this section.
  219         (7) EVICTIONS.—In order to avoid increased homelessness and
  220  crime and to ensure that the due process rights of a tenant are
  221  not violated, a sober house transitional living home that is not
  222  subject to chapter 83 must provide 48 hoursadvance, written
  223  notice of eviction to a tenant or immediate shelter to that
  224  tenant for at least 48 hours after eviction at an alternative
  225  temporary dwelling unit. As used in this subsection, the term
  226  “tenant” means an individual entitled to occupy or reside at a
  227  sober house transitional living home in accordance with a
  228  written agreement.
  229         (8) The department shall adopt rules to administer this
  230  section.
  231         Section 3. Paragraph (e) of subsection (5) of section
  232  212.055, Florida Statutes, is amended to read:
  233         212.055 Discretionary sales surtaxes; legislative intent;
  234  authorization and use of proceeds.—It is the legislative intent
  235  that any authorization for imposition of a discretionary sales
  236  surtax shall be published in the Florida Statutes as a
  237  subsection of this section, irrespective of the duration of the
  238  levy. Each enactment shall specify the types of counties
  239  authorized to levy; the rate or rates which may be imposed; the
  240  maximum length of time the surtax may be imposed, if any; the
  241  procedure which must be followed to secure voter approval, if
  242  required; the purpose for which the proceeds may be expended;
  243  and such other requirements as the Legislature may provide.
  244  Taxable transactions and administrative procedures shall be as
  245  provided in s. 212.054.
  246         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  247  s. 125.011(1) may levy the surtax authorized in this subsection
  248  pursuant to an ordinance either approved by extraordinary vote
  249  of the county commission or conditioned to take effect only upon
  250  approval by a majority vote of the electors of the county voting
  251  in a referendum. In a county as defined in s. 125.011(1), for
  252  the purposes of this subsection, “county public general
  253  hospital” means a general hospital as defined in s. 395.002
  254  which is owned, operated, maintained, or governed by the county
  255  or its agency, authority, or public health trust.
  256         (e) A governing board, agency, or authority shall be
  257  chartered by the county commission upon this act becoming law.
  258  The governing board, agency, or authority shall adopt and
  259  implement a health care plan for indigent health care services.
  260  The governing board, agency, or authority shall consist of no
  261  more than seven and no fewer than five members appointed by the
  262  county commission. The members of the governing board, agency,
  263  or authority shall be at least 18 years of age and residents of
  264  the county. No member may be employed by or affiliated with a
  265  health care provider or the public health trust, agency, or
  266  authority responsible for the county public general hospital.
  267  The following community organizations shall each appoint a
  268  representative to a nominating committee: the South Florida
  269  Hospital and Healthcare Association, the Miami-Dade County
  270  Public Health Trust, the Dade County Medical Association, the
  271  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  272  County. This committee shall nominate between 10 and 14 county
  273  citizens for the governing board, agency, or authority. The
  274  slate shall be presented to the county commission and the county
  275  commission shall confirm the top five to seven nominees,
  276  depending on the size of the governing board. Until such time as
  277  the governing board, agency, or authority is created, the funds
  278  provided for in subparagraph (d)2. shall be placed in a
  279  restricted account set aside from other county funds and not
  280  disbursed by the county for any other purpose.
  281         1. The plan shall divide the county into a minimum of four
  282  and maximum of six service areas, with no more than one
  283  participant hospital per service area. The county public general
  284  hospital shall be designated as the provider for one of the
  285  service areas. Services shall be provided through participants’
  286  primary acute care facilities.
  287         2. The plan and subsequent amendments to it shall fund a
  288  defined range of health care services for both indigent persons
  289  and the medically poor, including primary care, preventive care,
  290  hospital emergency room care, and hospital care necessary to
  291  stabilize the patient. For the purposes of this section,
  292  “stabilization” means stabilization as defined in s. 397.311 s.
  293  397.311(35). Where consistent with these objectives, the plan
  294  may include services rendered by physicians, clinics, community
  295  hospitals, and alternative delivery sites, as well as at least
  296  one regional referral hospital per service area. The plan shall
  297  provide that agreements negotiated between the governing board,
  298  agency, or authority and providers shall recognize hospitals
  299  that render a disproportionate share of indigent care, provide
  300  other incentives to promote the delivery of charity care to draw
  301  down federal funds where appropriate, and require cost
  302  containment, including, but not limited to, case management.
  303  From the funds specified in subparagraphs (d)1. and 2. for
  304  indigent health care services, service providers shall receive
  305  reimbursement at a Medicaid rate to be determined by the
  306  governing board, agency, or authority created pursuant to this
  307  paragraph for the initial emergency room visit, and a per-member
  308  per-month fee or capitation for those members enrolled in their
  309  service area, as compensation for the services rendered
  310  following the initial emergency visit. Except for provisions of
  311  emergency services, upon determination of eligibility,
  312  enrollment shall be deemed to have occurred at the time services
  313  were rendered. The provisions for specific reimbursement of
  314  emergency services shall be repealed on July 1, 2001, unless
  315  otherwise reenacted by the Legislature. The capitation amount or
  316  rate shall be determined prior to program implementation by an
  317  independent actuarial consultant. In no event shall such
  318  reimbursement rates exceed the Medicaid rate. The plan must also
  319  provide that any hospitals owned and operated by government
  320  entities on or after the effective date of this act must, as a
  321  condition of receiving funds under this subsection, afford
  322  public access equal to that provided under s. 286.011 as to any
  323  meeting of the governing board, agency, or authority the subject
  324  of which is budgeting resources for the retention of charity
  325  care, as that term is defined in the rules of the Agency for
  326  Health Care Administration. The plan shall also include
  327  innovative health care programs that provide cost-effective
  328  alternatives to traditional methods of service and delivery
  329  funding.
  330         3. The plan’s benefits shall be made available to all
  331  county residents currently eligible to receive health care
  332  services as indigents or medically poor as defined in paragraph
  333  (4)(d).
  334         4. Eligible residents who participate in the health care
  335  plan shall receive coverage for a period of 12 months or the
  336  period extending from the time of enrollment to the end of the
  337  current fiscal year, per enrollment period, whichever is less.
  338         5. At the end of each fiscal year, the governing board,
  339  agency, or authority shall prepare an audit that reviews the
  340  budget of the plan, delivery of services, and quality of
  341  services, and makes recommendations to increase the plan’s
  342  efficiency. The audit shall take into account participant
  343  hospital satisfaction with the plan and assess the amount of
  344  poststabilization patient transfers requested, and accepted or
  345  denied, by the county public general hospital.
  346         Section 4. Paragraphs (d) and (g) of subsection (1) of
  347  section 440.102, Florida Statutes, are amended to read:
  348         440.102 Drug-free workplace program requirements.—The
  349  following provisions apply to a drug-free workplace program
  350  implemented pursuant to law or to rules adopted by the Agency
  351  for Health Care Administration:
  352         (1) DEFINITIONS.—Except where the context otherwise
  353  requires, as used in this act:
  354         (d) “Drug rehabilitation program” means a service provider,
  355  as defined in s. 397.311, which established pursuant to s.
  356  397.311(33), that provides confidential, timely, and expert
  357  identification, assessment, and resolution of employee drug
  358  abuse.
  359         (g) “Employee assistance program” means an established
  360  program capable of providing expert assessment of employee
  361  personal concerns; confidential and timely identification
  362  services with regard to employee drug abuse; referrals of
  363  employees for appropriate diagnosis, treatment, and assistance;
  364  and followup services for employees who participate in the
  365  program or require monitoring after returning to work. If, in
  366  addition to the above activities, an employee assistance program
  367  provides diagnostic and treatment services, these services shall
  368  in all cases be provided by service providers as defined in s.
  369  397.311 pursuant to s. 397.311(33).
  370         Section 5. This act shall take effect July 1, 2014.