Florida Senate - 2014                              CS for SB 582
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Clemens
       586-01757-14                                           2014582c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.305, F.S.; providing legislative intent with
    4         regard to sober house transitional living homes;
    5         amending s. 397.311, F.S.; defining terms; creating s.
    6         397.487, F.S.; prohibiting a sober house transitional
    7         living home from operating in this state without a
    8         valid certificate of registration from the Department
    9         of Children and Families; providing an exception;
   10         requiring a sober house operator to annually apply for
   11         a certificate of registration with the department;
   12         requiring certain sober house transitional living
   13         homes to apply for a certificate of registration by a
   14         specified date; providing for nonapplicability;
   15         requiring the department to adopt rules pertaining to
   16         the application process for obtaining a certificate of
   17         registration; requiring background screening of
   18         certain personnel; requiring the department to suspend
   19         and reinstate a certificate of registration of a sober
   20         house transitional living home under certain
   21         circumstances; providing a criminal penalty for
   22         operating a sober house transitional living home
   23         without a valid certificate of registration; providing
   24         certain requirements in advertising a sober house
   25         transitional living home; providing a criminal
   26         penalty; authorizing the department to conduct
   27         inspections; authorizing the department to deny,
   28         suspend, or revoke the certificate of registration of
   29         a sober house transitional home; providing eviction
   30         procedures; requiring the department to adopt rules;
   31         amending ss. 212.055 and 440.102, F.S.; conforming
   32         cross-references; providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Subsections (10) and (11) are added to section
   37  397.305, Florida Statutes, to read:
   38         397.305 Legislative findings, intent, and purpose.—
   39         (10) It is recognized by the Legislature that a person
   40  suffering from addiction has a higher success rate of achieving
   41  long-lasting sobriety when given the opportunity to build a
   42  stronger foundation by living in a supportive, sober environment
   43  after completing treatment.
   44         (11) It is the intent of the Legislature to protect persons
   45  who live in a sober house transitional living home while they
   46  undergo treatment as provided in s. 397.311(18) at a licensed
   47  facility. These persons represent a vulnerable consumer
   48  population in need of adequate housing, whom this state and its
   49  subdivisions have a legitimate state interest in protecting.
   50         Section 2. Subsections (30) through (39) of section
   51  397.311, Florida Statutes, are amended to read:
   52         397.311 Definitions.—As used in this chapter, except part
   53  VIII, the term:
   54         (30) “Recovery residence” means a democratically run, peer
   55  managed, and peer-supported dwelling for a resident who is
   56  established in his or her recovery and who is a party to a
   57  single lease agreement to occupy the dwelling which has a single
   58  beginning date and a single termination date.
   59         (31) “Registrable component” includes a sober house
   60  transitional living home that is a residential dwelling unit
   61  that provides, offers, or advertises housing in an alcohol-free
   62  and drug-free living environment to persons who need room and
   63  board while receiving treatment services as provided in s.
   64  397.311(18) at a licensed facility. This term includes the
   65  community housing component of a day or night treatment facility
   66  or a residential treatment facility that offers level 5
   67  treatment programs, but the term does not include a recovery
   68  residence.
   69         (32) “Residential dwelling unit” means a single unit used
   70  primarily for living and sleeping which provides complete
   71  independent living facilities for one or more persons, including
   72  permanent provisions for living, sleeping, eating, cooking, and
   73  sanitation.
   74         (33)(30) “Screening” means the gathering of initial
   75  information to be used in determining a person’s need for
   76  assessment, services, or referral.
   77         (34)(31) “Secure facility,” except where the context
   78  indicates a correctional system facility, means a provider that
   79  has the authority to deter the premature departure of
   80  involuntary individuals whose leaving constitutes a violation of
   81  a court order or community-based supervision as provided by law.
   82  The term “secure facility” includes addictions receiving
   83  facilities and facilities authorized by local ordinance for the
   84  treatment of habitual abusers.
   85         (35)(32) “Service component” or “component” means a
   86  discrete operational entity within a service provider which is
   87  subject to licensing as defined by rule. Service components
   88  include prevention, intervention, and clinical treatment as
   89  defined described in subsection (18).
   90         (36)(33) “Service provider” or “provider” means a public
   91  agency, a private for-profit or not-for-profit agency, a person
   92  who is a private practitioner, or a hospital licensed under this
   93  chapter or exempt from licensure under this chapter.
   94         (37)(34) “Service provider personnel” or “personnel”
   95  includes all owners, directors, chief financial officers, staff,
   96  and volunteers, including foster parents, of a service provider.
   97         (38) “Sober house operator” means a person who operates a
   98  sober house transitional living home.
   99         (39)(35) “Stabilization” connotes short-term emergency
  100  treatment and means:
  101         (a) Alleviation of a crisis condition; or
  102         (b) Prevention of further deterioration,
  104  and connotes short-term emergency treatment.
  105         (40)(36) “Substance abuse” means the misuse or abuse of, or
  106  dependence on alcohol, illicit drugs, or prescription
  107  medications. As an individual progresses along this continuum of
  108  misuse, abuse, and dependence, there is an increased need for
  109  substance abuse intervention and treatment to help abate the
  110  problem.
  111         (41)(37) “Substate entity” means a departmental office
  112  designated to serve a geographical area specified by the
  113  department.
  114         (42)(38) “System of care” means a coordinated continuum of
  115  community-based services and supports that are organized to meet
  116  the challenges and needs of individuals who are at risk of
  117  developing substance abuse problems or individuals who have
  118  substance abuse problems.
  119         (43)(39) “Treatment plan” means an immediate and a long
  120  range plan based upon an individual’s assessed needs and used to
  121  address and monitor an individual’s recovery from substance
  122  abuse.
  123         Section 3. Section 397.487, Florida Statutes, is created to
  124  read:
  125         397.487 Sober house transitional living homes.—
  126         (1) APPLICATION.—
  127         (a) A sober house transitional living home may not operate
  128  in this state without a valid certificate of registration from
  129  the department. However, a sober house transitional living home
  130  that is licensed by the department as a residential treatment
  131  facility that offers level 5 treatment programs or a sober house
  132  transitional living home that is intended to serve as and has a
  133  license for the community housing component of a day or night
  134  treatment facility is not required to obtain additional
  135  licensure or registration for the housing component of the
  136  license.
  137         (b) A sober house operator shall annually apply to the
  138  department for a certificate of registration to operate a sober
  139  house transitional living home by submitting the following:
  140         1. The name and physical address of the sober house
  141  transitional living home.
  142         2. The name of the sober house operator.
  143         3. The number of individuals served at the sober house
  144  transitional living home.
  145         4. Proof of screening and background checks as required
  146  under chapter 435.
  147         5. Written eviction procedures in accordance with
  148  subsection (7).
  149         6. Proof of satisfactory fire, safety, and health
  150  inspections and compliance with local zoning ordinances.
  151         7. A registration fee, not to exceed $200.
  152         (c) A sober house transitional living home in existence on
  153  July 1, 2014, shall apply for a certificate of registration by
  154  September 1, 2014. This paragraph does not apply to a sober
  155  house transitional living home in existence on July 1, 2014,
  156  which has a license for the community housing component of a day
  157  or night treatment facility or is licensed as a residential
  158  treatment facility that offers level 5 treatment programs.
  159         (d) The department shall adopt rules pertaining to the
  160  application process for obtaining a certificate of registration.
  161         (2) BACKGROUND SCREENING.—
  162         (a) The owner, director, manager, operator, and chief
  163  financial officer of a sober house transitional living home are
  164  subject to level 2 background screening as provided in s.
  165  435.04.
  166         (b) The department may not grant a certificate of
  167  registration to a sober house transitional living home that
  168  fails to provide proof that background screening information has
  169  been submitted in accordance with chapter 435.
  170         (c) If a background screening reveals that an individual
  171  specified in paragraph (a) has been arrested for and is awaiting
  172  final disposition of; has been found guilty of, regardless of
  173  adjudication, or has entered a plea of nolo contendere or guilty
  174  to; or has been adjudicated delinquent and the record has not
  175  been sealed or expunged for, an offense prohibited under the
  176  level 2 screening standards established in s. 435.04, the
  177  department may not grant a certificate of registration to the
  178  applicant’s sober house transitional living home unless an
  179  exemption from disqualification has been granted by the
  180  department pursuant to chapter 435.
  181         (d) The department shall immediately suspend the
  182  certificate of registration of a sober house transitional living
  183  home if an individual specified in paragraph (a), while acting
  184  in his or her professional capacity, is arrested for and is
  185  awaiting final disposition of; is found guilty of, regardless of
  186  adjudication, or enters a plea of nolo contendere or guilty to;
  187  or is adjudicated delinquent and the record has not been sealed
  188  or expunged for, an offense prohibited under the level 2
  189  screening standards established in s. 435.04. The department
  190  shall reinstate the certificate of registration after such
  191  individual resigns or is removed from his or her position at the
  192  sober house transitional living home and replaced by another
  193  qualified individual who passes the level 2 background screening
  194  as provided in s. 435.04.
  195         (3) PENALTIES.—A person or agency that operates a
  196  residential dwelling unit as a sober house transitional living
  197  home without a valid certificate of registration in accordance
  198  with this section commits a misdemeanor of the first degree,
  199  punishable as provided in s. 775.082 or s. 775.083.
  200         (4) ADVERTISING.—A person, as defined in s. 1.01, who owns
  201  or operates a sober house transitional living home must include
  202  the home’s state registration number within an advertisement of
  203  the sober house transitional living home. A person who violates
  204  this subsection commits a misdemeanor of the first degree,
  205  punishable as provided in s. 775.082 or s. 775.083.
  206         (5) INSPECTIONS.—
  207         (a) An authorized agent of the department may enter and
  208  inspect at any time a sober house transitional living home that
  209  has a certificate of registration from the department to
  210  determine whether it is in compliance with s. 397.411 and rules
  211  65D-30.004 and 65D-30.0081, Florida Administrative Code.
  212         (b)An authorized agent of the department may, with the
  213  permission of the person in charge of the premises or pursuant
  214  to a warrant, enter and inspect a residential dwelling unit that
  215  the agent reasonably suspects to be operating as a sober house
  216  transitional living home in violation of this section.
  217         (c)Notwithstanding the confidentiality provisions of this
  218  chapter, a designated and authorized agent of the department may
  219  access the records of the individuals served by a sober house
  220  transitional living home solely for purposes of certification,
  221  monitoring, and investigation. The department may interview
  222  these individuals as specified by rule.
  223         (d)Before the department grants or denies a certificate of
  224  registration, an authorized agent of the department may enter
  225  and inspect at any time the premises of an applicant sober house
  226  transitional living home.
  227         (e)The department shall maintain certificates of
  228  registration and reports of inspections of sober house
  229  transitional living homes as public records that are available
  230  to any person upon request and upon payment of a reasonable
  231  charge for copying as provided in s. 119.07.
  233         (a)If the department determines that an applicant or a
  234  sober house transitional living home is not in compliance with
  235  statutory and regulatory requirements, the department may deny,
  236  suspend, revoke, or impose reasonable restrictions or penalties
  237  on the certificate of registration or any portion of the
  238  certificate. In such case, the department may:
  239         1.Impose an administrative penalty of up to $500 per day
  240  against a sober house transitional living home that operates in
  241  violation of statutory or regulatory requirements.
  242         2.Suspend or revoke a sober house transitional living
  243  home’s certificate of registration if, after notice, the
  244  department determines that the home has failed to correct a
  245  substantial or chronic violation of a statutory or regulatory
  246  requirement which impacts the safety of the individuals served
  247  at the home.
  248         (b)If a sober house transitional living home’s certificate
  249  of registration is revoked, the home is barred from submitting
  250  an application for a certificate of registration to the
  251  department for a period of 1 year after the revocation.
  252         (c)Proceedings for the denial, suspension, or revocation
  253  of a sober house transitional living home’s certificate of
  254  registration must be conducted in accordance with chapter 120.
  255         (d)The department may maintain an action in court to
  256  enjoin the operation of an uncertified sober house transitional
  257  living home that violates this section.
  258         (7) EVICTIONS.—In order to avoid increased homelessness and
  259  crime and to ensure that the due process rights of a tenant are
  260  not violated, a sober house transitional living home that is not
  261  subject to chapter 83 must provide 48 hoursadvance, written
  262  notice of eviction to a tenant or immediate shelter to that
  263  tenant for at least 48 hours after eviction at an alternative
  264  temporary dwelling unit. As used in this subsection, the term
  265  “tenant” means an individual entitled to occupy or reside at a
  266  sober house transitional living home in accordance with a
  267  written agreement.
  268         (8) The department shall adopt rules to administer this
  269  section.
  270         Section 4. Paragraph (e) of subsection (5) of section
  271  212.055, Florida Statutes, is amended to read:
  272         212.055 Discretionary sales surtaxes; legislative intent;
  273  authorization and use of proceeds.—It is the legislative intent
  274  that any authorization for imposition of a discretionary sales
  275  surtax shall be published in the Florida Statutes as a
  276  subsection of this section, irrespective of the duration of the
  277  levy. Each enactment shall specify the types of counties
  278  authorized to levy; the rate or rates which may be imposed; the
  279  maximum length of time the surtax may be imposed, if any; the
  280  procedure which must be followed to secure voter approval, if
  281  required; the purpose for which the proceeds may be expended;
  282  and such other requirements as the Legislature may provide.
  283  Taxable transactions and administrative procedures shall be as
  284  provided in s. 212.054.
  285         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  286  s. 125.011(1) may levy the surtax authorized in this subsection
  287  pursuant to an ordinance either approved by extraordinary vote
  288  of the county commission or conditioned to take effect only upon
  289  approval by a majority vote of the electors of the county voting
  290  in a referendum. In a county as defined in s. 125.011(1), for
  291  the purposes of this subsection, “county public general
  292  hospital” means a general hospital as defined in s. 395.002
  293  which is owned, operated, maintained, or governed by the county
  294  or its agency, authority, or public health trust.
  295         (e) A governing board, agency, or authority shall be
  296  chartered by the county commission upon this act becoming law.
  297  The governing board, agency, or authority shall adopt and
  298  implement a health care plan for indigent health care services.
  299  The governing board, agency, or authority shall consist of no
  300  more than seven and no fewer than five members appointed by the
  301  county commission. The members of the governing board, agency,
  302  or authority shall be at least 18 years of age and residents of
  303  the county. No member may be employed by or affiliated with a
  304  health care provider or the public health trust, agency, or
  305  authority responsible for the county public general hospital.
  306  The following community organizations shall each appoint a
  307  representative to a nominating committee: the South Florida
  308  Hospital and Healthcare Association, the Miami-Dade County
  309  Public Health Trust, the Dade County Medical Association, the
  310  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  311  County. This committee shall nominate between 10 and 14 county
  312  citizens for the governing board, agency, or authority. The
  313  slate shall be presented to the county commission and the county
  314  commission shall confirm the top five to seven nominees,
  315  depending on the size of the governing board. Until such time as
  316  the governing board, agency, or authority is created, the funds
  317  provided for in subparagraph (d)2. shall be placed in a
  318  restricted account set aside from other county funds and not
  319  disbursed by the county for any other purpose.
  320         1. The plan shall divide the county into a minimum of four
  321  and maximum of six service areas, with no more than one
  322  participant hospital per service area. The county public general
  323  hospital shall be designated as the provider for one of the
  324  service areas. Services shall be provided through participants’
  325  primary acute care facilities.
  326         2. The plan and subsequent amendments to it shall fund a
  327  defined range of health care services for both indigent persons
  328  and the medically poor, including primary care, preventive care,
  329  hospital emergency room care, and hospital care necessary to
  330  stabilize the patient. For the purposes of this section,
  331  “stabilization” means stabilization as defined in s. 397.311 s.
  332  397.311(35). Where consistent with these objectives, the plan
  333  may include services rendered by physicians, clinics, community
  334  hospitals, and alternative delivery sites, as well as at least
  335  one regional referral hospital per service area. The plan shall
  336  provide that agreements negotiated between the governing board,
  337  agency, or authority and providers shall recognize hospitals
  338  that render a disproportionate share of indigent care, provide
  339  other incentives to promote the delivery of charity care to draw
  340  down federal funds where appropriate, and require cost
  341  containment, including, but not limited to, case management.
  342  From the funds specified in subparagraphs (d)1. and 2. for
  343  indigent health care services, service providers shall receive
  344  reimbursement at a Medicaid rate to be determined by the
  345  governing board, agency, or authority created pursuant to this
  346  paragraph for the initial emergency room visit, and a per-member
  347  per-month fee or capitation for those members enrolled in their
  348  service area, as compensation for the services rendered
  349  following the initial emergency visit. Except for provisions of
  350  emergency services, upon determination of eligibility,
  351  enrollment shall be deemed to have occurred at the time services
  352  were rendered. The provisions for specific reimbursement of
  353  emergency services shall be repealed on July 1, 2001, unless
  354  otherwise reenacted by the Legislature. The capitation amount or
  355  rate shall be determined prior to program implementation by an
  356  independent actuarial consultant. In no event shall such
  357  reimbursement rates exceed the Medicaid rate. The plan must also
  358  provide that any hospitals owned and operated by government
  359  entities on or after the effective date of this act must, as a
  360  condition of receiving funds under this subsection, afford
  361  public access equal to that provided under s. 286.011 as to any
  362  meeting of the governing board, agency, or authority the subject
  363  of which is budgeting resources for the retention of charity
  364  care, as that term is defined in the rules of the Agency for
  365  Health Care Administration. The plan shall also include
  366  innovative health care programs that provide cost-effective
  367  alternatives to traditional methods of service and delivery
  368  funding.
  369         3. The plan’s benefits shall be made available to all
  370  county residents currently eligible to receive health care
  371  services as indigents or medically poor as defined in paragraph
  372  (4)(d).
  373         4. Eligible residents who participate in the health care
  374  plan shall receive coverage for a period of 12 months or the
  375  period extending from the time of enrollment to the end of the
  376  current fiscal year, per enrollment period, whichever is less.
  377         5. At the end of each fiscal year, the governing board,
  378  agency, or authority shall prepare an audit that reviews the
  379  budget of the plan, delivery of services, and quality of
  380  services, and makes recommendations to increase the plan’s
  381  efficiency. The audit shall take into account participant
  382  hospital satisfaction with the plan and assess the amount of
  383  poststabilization patient transfers requested, and accepted or
  384  denied, by the county public general hospital.
  385         Section 5. Paragraphs (d) and (g) of subsection (1) of
  386  section 440.102, Florida Statutes, are amended to read:
  387         440.102 Drug-free workplace program requirements.—The
  388  following provisions apply to a drug-free workplace program
  389  implemented pursuant to law or to rules adopted by the Agency
  390  for Health Care Administration:
  391         (1) DEFINITIONS.—Except where the context otherwise
  392  requires, as used in this act:
  393         (d) “Drug rehabilitation program” means a service provider,
  394  as defined in s. 397.311, which established pursuant to s.
  395  397.311(33), that provides confidential, timely, and expert
  396  identification, assessment, and resolution of employee drug
  397  abuse.
  398         (g) “Employee assistance program” means an established
  399  program capable of providing expert assessment of employee
  400  personal concerns; confidential and timely identification
  401  services with regard to employee drug abuse; referrals of
  402  employees for appropriate diagnosis, treatment, and assistance;
  403  and followup services for employees who participate in the
  404  program or require monitoring after returning to work. If, in
  405  addition to the above activities, an employee assistance program
  406  provides diagnostic and treatment services, these services shall
  407  in all cases be provided by service providers as defined in s.
  408  397.311 pursuant to s. 397.311(33).
  409         Section 6. This act shall take effect July 1, 2014.