Bill Text: FL S0582 | 2014 | Regular Session | Comm Sub
Bill Title: Substance Abuse Services
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2014-05-02 - Died in Appropriations [S0582 Detail]
Download: Florida-2014-S0582-Comm_Sub.html
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. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 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 defineddescribedin 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,103 104and 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. 232 (6) DENIAL; SUSPENSION; AND REVOCATION.— 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 hours’ advance, 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. 397.311s.332397.311(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, whichestablished pursuant to s.395397.311(33), thatprovides 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. 408 397.311pursuant to s. 397.311(33). 409 Section 6. This act shall take effect July 1, 2014.