Florida Senate - 2024               CS for CS for CS for SB 1180
       
       
        
       By the Committee on Appropriations; the Appropriations Committee
       on Health and Human Services; the Committee on Children,
       Families, and Elder Affairs; and Senator Harrell
       
       
       
       576-03635-24                                          20241180c3
    1                        A bill to be entitled                      
    2         An act relating to substance abuse treatment; amending
    3         s. 397.311, F.S.; providing the levels of care at
    4         certified recovery residences and their respective
    5         levels of care for residents; defining the term
    6         “community housing”; amending s. 397.407, F.S.;
    7         authorizing, rather than requiring, the Department of
    8         Children and Families to issue a license for certain
    9         service components operated by a service provider;
   10         deleting the timeframe in which a licensed service
   11         provider must apply for additional services and
   12         requiring the service provider to obtain approval
   13         prior to relocating to a different service site;
   14         removing a requirement that a separate license is
   15         required for each service component maintained by a
   16         service provider; amending s. 397.487, F.S.; extending
   17         the deadline for certified recovery residences to
   18         retain a replacement for a certified recovery
   19         residence administrator who has been removed from his
   20         or her position; requiring certified recovery
   21         residences to remove certain individuals from their
   22         positions if they are arrested and awaiting
   23         disposition for, are found guilty of, or enter a plea
   24         of guilty or nolo contendere to certain offenses,
   25         regardless of whether adjudication is withheld;
   26         requiring the certified recovery residence to retain a
   27         certified recovery residence administrator if the
   28         previous certified recovery residence administrator
   29         has been removed due to any reason; conforming
   30         provisions to changes made by the act; prohibiting
   31         certified recovery residences, on or after a specified
   32         date, from denying an individual access to housing
   33         solely for being prescribed federally approved
   34         medications by licensed health care professionals;
   35         prohibiting local laws, ordinances, or regulations
   36         adopted on or after a specified date from regulating
   37         the duration or frequency of a resident’s stay in a
   38         certified recovery residence in certain zoning
   39         districts; providing applicability; making technical
   40         changes; amending s. 397.4871, F.S.; conforming
   41         provisions to changes made by the act; authorizing
   42         certain Level IV certified recovery residences owned
   43         or controlled by a licensed service provider and
   44         managed by a certified recovery residence
   45         administrator approved for a specified number of
   46         residents to manage a specified greater number of
   47         residents, provided that certain criteria are met;
   48         prohibiting a certified recovery residence
   49         administrator who has been removed by a certified
   50         recovery residence from taking on certain other
   51         management positions without approval from a
   52         credentialing entity; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Present subsections (9) through (50) of section
   57  397.311, Florida Statutes, are redesignated as subsections (10)
   58  through (51), respectively, a new subsection (9) is added to
   59  that section, and subsection (5) of that section is amended, to
   60  read:
   61         397.311 Definitions.—As used in this chapter, except part
   62  VIII, the term:
   63         (5) “Certified recovery residence” means a recovery
   64  residence that holds a valid certificate of compliance and is
   65  actively managed by a certified recovery residence
   66  administrator.
   67         (a)A Level I certified recovery residence houses
   68  individuals in recovery who have completed treatment, with a
   69  minimum of 9 months of sobriety. A Level I certified recovery
   70  residence is democratically run by the members who reside in the
   71  home.
   72         (b) A Level II certified recovery residence encompasses the
   73  traditional perspectives of sober living homes. There is
   74  oversight from a house manager who has experience with living in
   75  recovery. Residents are expected to follow rules outlined in a
   76  resident handbook, which is provided by the certified recovery
   77  residence administrator. Residents must pay dues, if applicable,
   78  and work toward achieving realistic and defined milestones
   79  within a chosen recovery path.
   80         (c) A Level III certified recovery residence offers higher
   81  supervision by staff with formal training to ensure resident
   82  accountability. Such residences are staffed 24 hours a day, 7
   83  days a week, and offer residents peer-support services, which
   84  may include, but are not limited to, life skill mentoring,
   85  recovery planning, and meal preparation. No clinical services
   86  are performed at the residence. Such residences are most
   87  appropriate for persons who require a more structured
   88  environment during early recovery from addiction.
   89         (d)A Level IV certified recovery residence is a residence
   90  offered, referred to, or provided by, a licensed service
   91  provider to its patients who are required to reside at the
   92  residence while receiving intensive outpatient and higher levels
   93  of outpatient care. Such residences are staffed 24 hours a day
   94  and combine outpatient licensable services with recovery
   95  residential living. Residents are required to follow a treatment
   96  plan and attend group and individual sessions, in addition to
   97  developing a recovery plan within the social model of living a
   98  sober lifestyle. No clinical services are provided at the
   99  residence, and all licensable services are provided off-site.
  100         (9) “Community housing” means a certified recovery
  101  residence offered, referred to, or provided by a licensed
  102  service provider that provides housing to its patients who are
  103  required to reside at the residence while receiving intensive
  104  outpatient and higher levels of outpatient care. A certified
  105  recovery residence used by a licensed service provider which
  106  meets the definition of community housing shall be classified as
  107  a Level IV level of support, as described in subsection (5).
  108         Section 2. Subsections (6) and (10) of section 397.407,
  109  Florida Statutes, are amended to read:
  110         397.407 Licensure process; fees.—
  111         (6) The department may issue probationary, regular, and
  112  interim licenses. The department may shall issue one license for
  113  all each service components component that is operated by a
  114  service provider and defined pursuant to s. 397.311(26). The
  115  license is valid only for the specific service components listed
  116  for each specific location identified on the license. The
  117  licensed service provider shall apply for a new license at least
  118  60 days before the addition of any service components and obtain
  119  approval prior to initiating additional services. The licensed
  120  service provider must notify the department and provide any
  121  required documentation at least or 30 days before the relocation
  122  of any of its service sites. Provision of service components or
  123  delivery of services at a location not identified on the license
  124  may be considered an unlicensed operation that authorizes the
  125  department to seek an injunction against operation as provided
  126  in s. 397.401, in addition to other sanctions authorized by s.
  127  397.415. Probationary and regular licenses may be issued only
  128  after all required information has been submitted. A license may
  129  not be transferred. As used in this subsection, the term
  130  “transfer” includes, but is not limited to, the transfer of a
  131  majority of the ownership interest in the licensed entity or
  132  transfer of responsibilities under the license to another entity
  133  by contractual arrangement.
  134         (10) A separate license is required for each service
  135  component maintained by the service provider.
  136         Section 3. Present paragraphs (c), (d), and (e) of
  137  subsection (8) of section 397.487, Florida Statutes, are
  138  redesignated as paragraphs (d), (e), and (f), respectively, a
  139  new paragraph (c) is added to that subsection, subsections (13)
  140  and (14) are added to that section, and paragraph (b) and
  141  present paragraphs (c), (d), and (e) of subsection (8) of that
  142  section are amended, to read:
  143         397.487 Voluntary certification of recovery residences.—
  144         (8) Onsite follow-up followup monitoring of a certified
  145  recovery residence may be conducted by the credentialing entity
  146  to determine continuing compliance with certification
  147  requirements. The credentialing entity shall inspect each
  148  certified recovery residence at least annually to ensure
  149  compliance.
  150         (b) A certified recovery residence must notify the
  151  credentialing entity within 3 business days after the removal of
  152  the recovery residence’s certified recovery residence
  153  administrator due to termination, resignation, or any other
  154  reason. The certified recovery residence has 90 30 days to
  155  retain a certified recovery residence administrator. The
  156  credentialing entity shall revoke the certificate of compliance
  157  of any certified recovery residence that fails to comply with
  158  this paragraph.
  159         (c) If a certified recovery residence’s administrator has
  160  been removed due to termination, resignation, or any other
  161  reason and had been previously approved to actively manage more
  162  than 50 residents pursuant to s. 397.4871(8)(b), the certified
  163  recovery residence has 90 days to retain another certified
  164  recovery residence administrator pursuant to that section. The
  165  credentialing entity shall revoke the certificate of compliance
  166  of any certified recovery residence that fails to comply with
  167  this paragraph.
  168         (d)(c) If any owner, director, or chief financial officer
  169  of a certified recovery residence is arrested and awaiting
  170  disposition for or found guilty of, or enters a plea of guilty
  171  or nolo contendere to, regardless of whether adjudication is
  172  withheld, any offense listed in s. 435.04(2) while acting in
  173  that capacity, the certified recovery residence must shall
  174  immediately remove the person from that position and shall
  175  notify the credentialing entity within 3 business days after
  176  such removal. The credentialing entity may shall revoke the
  177  certificate of compliance of a certified recovery residence that
  178  fails to meet these requirements.
  179         (e)(d) A credentialing entity shall revoke a certified
  180  recovery residence’s certificate of compliance if the certified
  181  recovery residence provides false or misleading information to
  182  the credentialing entity at any time.
  183         (f)(e) Any decision by a department-recognized
  184  credentialing entity to deny, revoke, or suspend a
  185  certification, or otherwise impose sanctions on a certified
  186  recovery residence, is reviewable by the department. Upon
  187  receiving an adverse determination, the certified recovery
  188  residence may request an administrative hearing pursuant to ss.
  189  120.569 and 120.57(1) within 30 days after completing any
  190  appeals process offered by the credentialing entity or the
  191  department, as applicable.
  192         (13) On or after January 1, 2025, a recovery residence may
  193  not deny an individual access to housing solely on the basis
  194  that he or she has been prescribed federally approved medication
  195  that assists with treatment for substance use disorders by a
  196  licensed physician, a physician’s assistant, or an advanced
  197  practice registered nurse registered under s. 464.0123.
  198         (14) A local law, ordinance, or regulation may not regulate
  199  the duration or frequency of a resident’s stay in a certified
  200  recovery residence located within a multifamily zoning district.
  201  This subsection does not apply to any local law, ordinance, or
  202  regulation adopted on or before February 1, 2025.
  203         Section 4. Paragraphs (b) and (c) of subsection (6) of
  204  section 397.4871, Florida Statutes, are amended, and paragraph
  205  (c) is added to subsection (8) of that section, to read:
  206         397.4871 Recovery residence administrator certification.—
  207         (6) The credentialing entity shall issue a certificate of
  208  compliance upon approval of a person’s application. The
  209  certification shall automatically terminate 1 year after
  210  issuance if not renewed.
  211         (b) If a certified recovery residence administrator of a
  212  recovery residence is arrested and awaiting disposition for or
  213  found guilty of, or enters a plea of guilty or nolo contendere
  214  to, regardless of whether adjudication is withheld, any offense
  215  listed in s. 435.04(2) while acting in that capacity, the
  216  certified recovery residence must shall immediately remove the
  217  person from that position and shall notify the credentialing
  218  entity within 3 business days after such removal. The certified
  219  recovery residence shall have 30 days to retain a certified
  220  recovery residence administrator within 90 days after such
  221  removal. The credentialing entity shall revoke the certificate
  222  of compliance of any recovery residence that fails to meet these
  223  requirements.
  224         (c) A credentialing entity shall revoke a certified
  225  recovery residence administrator’s certificate of compliance if
  226  the recovery residence administrator provides false or
  227  misleading information to the credentialing entity at any time.
  228         (8)
  229         (c) Notwithstanding paragraph (b), a Level IV certified
  230  recovery residence operating as community housing as defined in
  231  s. 397.311(9), which residence is actively managed by a
  232  certified recovery residence administrator approved for 100
  233  residents under this section and is wholly owned or controlled
  234  by a licensed service provider, may actively manage up to 150
  235  residents so long as the licensed service provider maintains a
  236  service provider personnel-to-patient ratio of 1 to 8 and
  237  maintains onsite supervision at the residence 24 hours a day, 7
  238  days a week, with a personnel-to-resident ratio of 1 to 10. A
  239  certified recovery residence administrator who has been removed
  240  by a certified recovery residence due to termination,
  241  resignation, or any other reason may not continue to actively
  242  manage more than 50 residents for another service provider or
  243  certified recovery residence without being approved by the
  244  credentialing entity.
  245         Section 5. This act shall take effect July 1, 2024.