Florida Senate - 2019                                     SB 102
       By Senator Book
       32-00184B-19                                           2019102__
    1                        A bill to be entitled                      
    2         An act relating to recovery residences; amending s.
    3         397.487, F.S.; removing an obsolete date; requiring
    4         that recovery residences obtain certification by a
    5         specified date or before commencing operation;
    6         creating a criminal penalty for a person who operates
    7         a recovery residence without a certificate of
    8         compliance; amending s. 397.4871, F.S.; removing an
    9         obsolete date; requiring that recovery residence
   10         administrators be certified by a specified date or
   11         before beginning employment; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 397.487, Florida Statutes, is amended to
   17  read:
   18         397.487 Voluntary Certification of recovery residences.—
   19         (1) The Legislature finds that a person suffering from
   20  addiction has a higher success rate of achieving long-lasting
   21  sobriety when given the opportunity to build a stronger
   22  foundation by living in a recovery residence after completing
   23  treatment. The Legislature further finds that this state and its
   24  subdivisions have a legitimate state interest in protecting
   25  these persons, who represent a vulnerable consumer population in
   26  need of adequate housing. It is the intent of the Legislature to
   27  protect persons who reside in a recovery residence.
   28         (2) The department shall approve at least one credentialing
   29  entity by December 1, 2015, for the purpose of developing and
   30  administering a voluntary certification program for recovery
   31  residences. Recovery residences in operation before October 1,
   32  2019, must obtain certification no later than April 1, 2020.
   33  Recovery residences established on or after October 1, 2019,
   34  must obtain certification before commencing operation. The
   35  approved credentialing entity shall:
   36         (a) Establish recovery residence certification
   37  requirements.
   38         (b) Establish procedures to:
   39         1. Administer the application, certification,
   40  recertification, and disciplinary processes.
   41         2. Monitor and inspect a recovery residence and its staff
   42  to ensure compliance with certification requirements.
   43         3. Interview and evaluate residents, employees, and
   44  volunteer staff on their knowledge and application of
   45  certification requirements.
   46         (c) Provide training for owners, managers, and staff.
   47         (d) Develop a code of ethics.
   48         (e) Establish application, inspection, and annual
   49  certification renewal fees. The application fee may not exceed
   50  $100. Any onsite inspection fee shall reflect actual costs for
   51  inspections. The annual certification renewal fee may not exceed
   52  $100.
   53         (3) A credentialing entity shall require the recovery
   54  residence to submit the following documents with the completed
   55  application and fee:
   56         (a) A policy and procedures manual containing:
   57         1. Job descriptions for all staff positions.
   58         2. Drug-testing procedures and requirements.
   59         3. A prohibition on the premises against the possession or
   60  use of alcohol and, illegal drugs on the premises, and against
   61  the use of prescribed medications by an individual other than
   62  the individual for whom the medication is prescribed.
   63         4. Policies to support a resident’s recovery efforts.
   64         5. A good neighbor policy to address neighborhood concerns
   65  and complaints.
   66         (b) Rules for residents.
   67         (c) Copies of all forms provided to residents.
   68         (d) Intake procedures.
   69         (e) A sexual predator and sexual offender registry
   70  compliance policy.
   71         (f) A relapse policy.
   72         (g) A fee schedule.
   73         (h) A refund policy.
   74         (i) Eviction procedures and policy.
   75         (j) A code of ethics.
   76         (k) Proof of insurance.
   77         (l) Proof of background screening.
   78         (m) Proof of satisfactory fire, safety, and health
   79  inspections.
   80         (4) A certified recovery residence must be actively managed
   81  by a certified recovery residence administrator. All
   82  applications for certification must include the name of the
   83  certified recovery residence administrator who will be actively
   84  managing the applicant recovery residence.
   85         (5) Upon receiving a complete application, a credentialing
   86  entity shall conduct an onsite inspection of the recovery
   87  residence.
   88         (6) All owners, directors, and chief financial officers of
   89  an applicant recovery residence are subject to level 2
   90  background screening as provided under chapter 435. A recovery
   91  residence is ineligible for certification, and a credentialing
   92  entity shall deny a recovery residence’s application, if any
   93  owner, director, or chief financial officer has been found
   94  guilty of, or has entered a plea of guilty or nolo contendere
   95  to, regardless of adjudication, any offense listed in s.
   96  435.04(2) unless the department has issued an exemption under s.
   97  397.4872. In accordance with s. 435.04, the department shall
   98  notify the credentialing agency of an owner’s, director’s, or
   99  chief financial officer’s eligibility based on the results of
  100  his or her background screening.
  101         (7) A credentialing entity shall issue a certificate of
  102  compliance upon approval of the recovery residence’s application
  103  and inspection. The certification shall automatically expires
  104  terminate 1 year after issuance if not renewed.
  105         (8) Onsite followup monitoring of a certified recovery
  106  residence may be conducted by the credentialing entity to
  107  determine continuing compliance with certification requirements.
  108  The credentialing entity shall inspect each certified recovery
  109  residence at least annually to ensure compliance.
  110         (a) A credentialing entity may suspend or revoke a
  111  certification if the recovery residence is not in compliance
  112  with any provision of this section or has failed to remedy any
  113  deficiency identified by the credentialing entity within the
  114  specified time period specified.
  115         (b) A certified recovery residence must notify the
  116  credentialing entity within 3 business days after the removal of
  117  the recovery residence’s certified recovery residence
  118  administrator due to termination, resignation, or any other
  119  reason. The recovery residence must has 30 days to retain a
  120  certified recovery residence administrator within 30 days after
  121  such termination, resignation, or removal. The credentialing
  122  entity shall revoke the certificate of compliance of a certified
  123  any recovery residence that fails to comply with this paragraph.
  124         (c) If any owner, director, or chief financial officer of a
  125  certified recovery residence is arrested for or found guilty of,
  126  or enters a plea of guilty or nolo contendere to, regardless of
  127  adjudication, any offense listed in s. 435.04(2) while acting in
  128  that capacity, the certified recovery residence shall
  129  immediately remove the person from that position and shall
  130  notify the credentialing entity within 3 business days after
  131  such removal. The credentialing entity shall revoke the
  132  certificate of compliance of a recovery residence that fails to
  133  meet these requirements.
  134         (d) A credentialing entity shall revoke a recovery
  135  residence’s certificate of compliance if the recovery residence
  136  provides false or misleading information to the credentialing
  137  entity at any time.
  138         (9) A person may not operate a recovery residence or
  139  advertise to the public, in any way or by any medium whatsoever,
  140  any recovery residence as a “certified recovery residence”
  141  unless such recovery residence has first secured a current and
  142  unsuspended certificate of compliance under this section or the
  143  recovery residence is authorized to operate without a
  144  certificate of compliance under subsection (2). A person who
  145  violates this subsection commits a misdemeanor of the first
  146  degree, punishable as provided in s. 775.082 or s. 775.083.
  147         (10)(a) A certified recovery residence may allow a minor
  148  child to visit a parent who is a resident of the recovery
  149  residence. However, provided that a minor child may not visit or
  150  remain in the recovery residence between the hours of 9 p.m. and
  151  7 a.m. unless:
  152         1. A court makes a specific finding that such visitation is
  153  in the best interest of the minor child; or
  154         2. The recovery residence is a specialized residence for
  155  pregnant women or parents whose children reside with them. Such
  156  recovery residences may allow children to visit or reside in the
  157  residence if the parent does not yet have a time-sharing plan
  158  pursuant to s. 61.13, provided that the parent files with the
  159  court for establishment of a plan within 14 days of moving into
  160  the residence.
  161         (b) A certified recovery residence may not allow a minor
  162  child to visit a parent who is a resident of the recovery
  163  residence at any time if any resident of the recovery residence
  164  is currently required to register as a sexual predator under s.
  165  775.21 or as a sexual offender under s. 943.0435.
  166         Section 2. Subsections (1) and (2) of section 397.4871,
  167  Florida Statutes, are amended to read:
  168         397.4871 Recovery residence administrator certification.—
  169         (1) It is the intent of the Legislature that a recovery
  170  residence administrator voluntarily earn and maintain
  171  certification from a credentialing entity approved by the
  172  Department of Children and Families. The Legislature further
  173  intends that certification ensure that an administrator has the
  174  competencies necessary to appropriately respond to the needs of
  175  residents, to maintain residence standards, and to meet
  176  residence certification requirements.
  177         (2) The department shall approve at least one credentialing
  178  entity by December 1, 2015, for the purpose of developing and
  179  administering a voluntary credentialing program for
  180  administrators. Recovery residence administrators employed by a
  181  recovery residence before October 1, 2019, must obtain
  182  certification no later than April 1, 2020. Recovery residence
  183  administrators hired on or after October 1, 2019, must obtain
  184  certification before beginning employment at a recovery
  185  residence. The department shall approve any credentialing entity
  186  that the department endorses pursuant to s. 397.321(15) if the
  187  credentialing entity also meets the requirements of this
  188  section. The approved credentialing entity shall:
  189         (a) Establish recovery residence administrator core
  190  competencies, certification requirements, testing instruments,
  191  and recertification requirements.
  192         (b) Establish a process to administer the certification
  193  application, award, and maintenance processes.
  194         (c) Develop and administer:
  195         1. A code of ethics and disciplinary process.
  196         2. Biennial continuing education requirements and annual
  197  certification renewal requirements.
  198         3. An education provider program to approve training
  199  entities that are qualified to provide precertification training
  200  to applicants and continuing education opportunities to
  201  certified persons.
  202         Section 3. This act shall take effect October 1, 2019.