Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 738
       
       
       
       
       
       
                                Barcode 486162                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Children, Families, and Elder Affairs (Clemens)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (18) of
    6  section 397.311, Florida Statutes, to read:
    7         397.311 Definitions.—As used in this chapter, except part
    8  VIII, the term:
    9         (18) Licensed service components include a comprehensive
   10  continuum of accessible and quality substance abuse prevention,
   11  intervention, and clinical treatment services, including the
   12  following services:
   13         (d) “Sober house transitional living home” means a
   14  residential dwelling unit that provides a peer-supported,
   15  managed, alcohol-free and drug-free living environment.
   16         Section 2. Subsections (4) through (10) are added to
   17  section 397.403, Florida Statutes, to read:
   18         397.403 License application.—
   19         (4) An applicant for licensure under this section must
   20  adhere to local, municipal, or county standards for zoning and
   21  occupancy. After selection of a proposed site, but before
   22  receiving a license under this section, the person or entity
   23  that applies for licensure to operate a sober house transitional
   24  living home as defined in s. 397.311 shall provide written
   25  notice to the chief executive officer of the city or county that
   26  governs the area in which the home will be located. The
   27  applicant shall stipulate in the notice:
   28         (a) That based upon the most recently published data
   29  compiled by the department, the proposed sober house
   30  transitional living home will not be located within 1,000 feet
   31  of another sober house transitional living home or within 1,000
   32  feet of a licensed service component as defined under s.
   33  397.311. The distance between the proposed sober house
   34  transitional living home and an existing sober house
   35  transitional living home or licensed service component must be
   36  measured from the nearest point of the existing sober house
   37  transitional living home or licensed service component to the
   38  nearest point of the proposed sober house transitional living
   39  home; and
   40         (b) The maximum number of residents who will reside at the
   41  proposed home.
   42         (5) A proposed sober house transitional living home that is
   43  managed by or operated by an owner or wholly-owned subsidiary of
   44  a licensed service component as defined in s. 397.311 is exempt
   45  from subsection (4) if the owner or wholly-owned subsidiary
   46  provides to the department the location of the housing component
   47  on the license application for the licensed service component in
   48  order to avoid having to obtain an additional license for the
   49  proposed sober house transitional living home. A sober house
   50  transitional living home that is exempted by this subsection is
   51  not exempt from local, municipal, and county standards for
   52  zoning and occupancy.
   53         (6) The city or county government may review the notice to
   54  determine whether the proposed sober house transitional living
   55  home complies with its zoning and occupancy standards and the
   56  distance requirements specified in paragraph (4)(a). In making
   57  its determination, the city or county government may also
   58  consider whether the site of the proposed home would result in
   59  an overconcentration of sober house transitional living homes in
   60  the proximate area of the proposed home. After making its
   61  determination, the city or county government shall notify the
   62  applicant and the department of its determination.
   63         (7) No later than September 1, 2013, a residential dwelling
   64  unit that was operating as a sober house transitional living
   65  home on or before July 1, 2013, shall apply for licensure under
   66  this section and shall provide written notice to the city or
   67  county government as provided in subsection (4). The city or
   68  county government shall review the notice and notify the
   69  applicant and the department of its determination pursuant to
   70  subsection (6). A sober house transitional living home in
   71  existence before July 1, 2013, is exempt from complying with the
   72  distance requirements of paragraph (4)(a) if the existing sober
   73  house transitional living home continues to operate at the same
   74  location and continues to be owned and operated by the same
   75  person or entity that was the owner and operator on or before
   76  June 30, 2013.
   77         (8) If the city or county government determines that an
   78  applicant’s proposed sober house transitional living home or its
   79  site does not comply with subsection (4), subsection (5), or
   80  subsection (6), and if it is agreed to by both parties, a
   81  conflict may be resolved through informal mediation. The city or
   82  county government shall arrange for the services of an
   83  independent mediator or may initiate dispute resolution
   84  proceedings under s. 186.509. The mediation process must be
   85  concluded within 45 days after a request for mediation. This
   86  subsection may not be construed as altering the applicant’s
   87  statutory or common law rights.
   88         (9) This section does not require a city or county
   89  government to adopt a new ordinance if it has an existing
   90  ordinance that meets the criteria specified in subsection (4).
   91  State law that governs a sober house transitional living home as
   92  defined in s. 397.311 prevails over a local ordinance; however,
   93  a city or county government may adopt a more liberal ordinance
   94  that governs sober house transitional living homes.
   95         (10) The department may adopt rules to establish penalties
   96  or fines for failure to obtain a license from the department to
   97  operate a sober house transitional living home.
   98         Section 3. This act shall take effect July 1, 2013.
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101         And the title is amended as follows:
  102         Delete everything before the enacting clause
  103  and insert:
  104                        A bill to be entitled                      
  105         An act relating to substance abuse services; amending
  106         s. 397.311, F.S.; defining the term “sober house
  107         transitional living home” as it relates to the Hal S.
  108         Marchman Alcohol and Other Drug Services Act; amending
  109         s. 397.403, F.S.; requiring that an applicant seeking
  110         licensure for a proposed facility that would provide
  111         specified substance abuse services adhere to local,
  112         municipal, or county standards for zoning and
  113         occupancy; requiring such applicant to provide written
  114         notice to the chief executive officer of the
  115         appropriate local government before receiving
  116         licensure to operate a sober house transitional living
  117         home; requiring the applicant to stipulate certain
  118         criteria within the notice; exempting certain sober
  119         house transitional living homes from additional
  120         licensing as a service provider under ch. 397, F.S.,
  121         under certain circumstances; requiring the local
  122         government to review the notification and to determine
  123         if the proposed home and its site comply with certain
  124         requirements; requiring the local government to notify
  125         the applicant and the Department of Children and
  126         Families of its determination; requiring each sober
  127         house transitional living home in existence on a
  128         certain date to apply for licensure with the
  129         department and give notice to the local government by
  130         a specified date; requiring the local government to
  131         notify the existing sober house transitional living
  132         home and the department of its determination;
  133         exempting existing sober house transitional living
  134         homes from complying with the distance requirement
  135         under certain circumstances; providing conflict
  136         resolution by informal mediation under certain
  137         circumstances; requiring the local government to
  138         arrange for services of an independent mediator or
  139         initiate dispute resolution proceedings; providing
  140         procedures for the mediation; providing construction;
  141         providing that a local government is not required to
  142         adopt a local ordinance under certain circumstances;
  143         providing that state law prevails over a local
  144         ordinance; providing that a local government is not
  145         precluded from adopting ordinances that govern
  146         facilities that offer certain substance abuse
  147         services; providing that the department may adopt
  148         rules to establish penalties or fines for failure to
  149         obtain a license to operate a sober house transitional
  150         living home; providing an effective date.