Bill Text: FL S1010 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Substance Abuse and Mental Health Services
Spectrum: Bipartisan Bill
Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Health and Human Services [S1010 Detail]
Download: Florida-2023-S1010-Introduced.html
Bill Title: Substance Abuse and Mental Health Services
Spectrum: Bipartisan Bill
Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Health and Human Services [S1010 Detail]
Download: Florida-2023-S1010-Introduced.html
Florida Senate - 2023 SB 1010 By Senator Gruters 22-00414B-23 20231010__ 1 A bill to be entitled 2 An act relating to substance abuse and mental health 3 services; amending s. 397.487, F.S.; conforming a 4 provision to changes made by the act; revising 5 requirements relating to the removal and replacement 6 of certified recovery residence administrators; 7 revising requirements relating to credentialing 8 entities denying, revoking, or suspending 9 certifications or imposing sanctions on a recovery 10 residence; requiring the Department of Children and 11 Families to adopt rules; requiring that changes to 12 certification requirements by credentialing entities 13 be adopted by department rule before the change is 14 effective and enforceable; amending s. 397.4871, F.S.; 15 authorizing credentialing entities to approve certain 16 certified recovery residence administrators to 17 actively manage up to a specified number of residents 18 if certain requirements are met; prohibiting certain 19 certified recovery residence administrators who have 20 been removed from a recovery residence from continuing 21 to actively manage more than a specified number of 22 residents without being reapproved by a credentialing 23 entity; creating the Substance Abuse and Mental Health 24 Treatment and Housing Task Force within the Department 25 of Children and Families; providing a purpose for the 26 task force; specifying membership of the task force; 27 requiring the task force to meet at specified 28 intervals; requiring the task force to conduct a 29 specified study and review; requiring the task force 30 to submit a report to the department by a specified 31 date; requiring the department to submit a report to 32 the Governor and the Legislature by a specified date; 33 exempting certain recovery residences from certain 34 zoning laws and ordinances for a specified timeframe; 35 providing for expiration of the task force; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Paragraph (a) of subsection (2) and paragraphs 41 (b) and (e) of subsection (8) of section 397.487, Florida 42 Statutes, are amended, and paragraph (f) is added to that 43 subsection, to read: 44 397.487 Voluntary certification of recovery residences.— 45 (2) The department shall approve at least one credentialing 46 entity by December 1, 2015, for the purpose of developing and 47 administering a voluntary certification program for recovery 48 residences. The approved credentialing entity shall: 49 (a) Establish recovery residence certification 50 requirements. However, any change to certification requirements 51 on or after October 1, 2023, must be adopted by department rule 52 pursuant to paragraph (8)(f). 53 (8) Onsite followup monitoring of a certified recovery 54 residence may be conducted by the credentialing entity to 55 determine continuing compliance with certification requirements. 56 The credentialing entity shall inspect each certified recovery 57 residence at least annually to ensure compliance. 58 (b) A certified recovery residence must notify the 59 credentialing entity within 3 business days after the removal of 60 the recovery residence’s certified recovery residence 61 administrator due to termination, resignation, or any other 62 reason. The recovery residence has 9030days to retain a 63 certified recovery residence administrator. If a recovery 64 residence’s certified recovery residence administrator has been 65 removed due to termination, resignation, or any other reason and 66 had been approved to actively manage more than 50 residents 67 pursuant to s. 397.4871(8), the recovery residence must retain 68 another certified recovery residence administrator within 90 69 days to continue to manage the approved additional number of 70 residents. The credentialing entity shall revoke the certificate 71 of compliance of any recovery residence that fails to comply 72 with this paragraph. 73 (e) Any decision by a department-recognized credentialing 74 entity to deny, revoke, or suspend a certification, or otherwise 75 impose sanctions on a recovery residence, must be initiated by a 76 formal notice provided to the recovery residence, and the 77 credentialing agency must take final action within 30 days after 78 the initial notification, is reviewable by the department. Upon 79 receiving an adverse determination, the recovery residence may 80 request an administrative hearing pursuant to ss. 120.569 and 81 120.57ss. 120.569 and 120.57(1)within 30 days after final 82 action takencompleting any appeals process offeredby the 83 credentialing entity or the department, as applicable. 84 (f) Effective October 1, 2023, the department shall adopt 85 by rule the certification requirements established by 86 credentialing entities which are in effect on that date. Any 87 changes to certification requirements by a credentialing entity 88 on or after October 1, 2023 must be adopted by department rule 89 before such change is effective and enforceable by credentialing 90 entities. 91 Section 2. Paragraph (b) of subsection (8) of section 92 397.4871, Florida Statutes, is amended to read: 93 397.4871 Recovery residence administrator certification.— 94 (8) 95 (b)1. A certified recovery residence administrator may not 96 actively manage more than 50 residents at any given time unless 97 written justification is provided to, and approved by, the 98 credentialing entity as to how the administrator is able to 99 effectively and appropriately respond to the needs of the 100 residents, to maintain residence standards, and to meet the 101 residence certification requirements of this section. However, a 102 certified recovery residence administrator may not actively 103 manage more than 100 residents at any given time except as 104 provided in subparagraph 2. 105 2. A credentialing entity may approve a certified recovery 106 residence administrator to actively manage up to 250 residents 107 if such administrator has been approved to actively manage 100 108 residents under subparagraph 1., if such administrator’s 109 recovery residence is wholly owned or controlled by a licensed 110 service provider, and if the licensed service provider maintains 111 a ratio of at least one staff member to eight residents. A 112 certified recovery residence administrator approved under this 113 subparagraph who has been removed by a recovery residence due to 114 termination, resignation, or any other reason may not continue 115 to actively manage more than 100 residents for another recovery 116 residence without being reapproved by the credentialing entity 117 pursuant to this subparagraph. 118 Section 3. (1) The Substance Abuse and Mental Health 119 Treatment and Housing Task Force, a task force as defined in s. 120 20.03(8), Florida Statutes, is created within the Department of 121 Children and Families. The purpose of the task force is to study 122 issues relating to the regulation of licensed private sector 123 substance abuse and mental health treatment service providers 124 and ancillary therapeutic housing in this state and provide 125 recommended changes to provide best-in-class services with 126 limited governmental intrusion. Except as otherwise provided in 127 this section, the task force shall operate in a manner 128 consistent with s. 20.052, Florida Statutes. 129 (2) The task force is composed of nine members, as follows: 130 (a) A representative of the Executive Office of the 131 Governor, appointed by the Governor. 132 (b) A member of the Senate, appointed by the President of 133 the Senate. 134 (c) A member of the House of Representatives, appointed by 135 the Speaker of the House of Representatives. 136 (d) A representative of the Office of the Attorney General, 137 appointed by the Governor. 138 (e) A representative of the Chief Financial Officer, 139 appointed by the Governor. 140 (f) A representative of the Palm Beach County State 141 Attorney Addiction Recovery Task Force, appointed by the 142 Governor. 143 (g) A representative of the Florida Association of Recovery 144 Residences, appointed by the Governor. 145 (h) A representative of the treatment industry, appointed 146 by the Governor. 147 (i) A member of The Florida Bar with knowledge and 148 experience in the treatment and therapeutic housing industry, 149 appointed by the Governor. 150 (3) The task force shall appoint a chair and vice-chair and 151 meet no less than monthly. 152 (4)(a) The task force, with assistance from the Department 153 of Children and Families, shall conduct a study to evaluate the 154 impact of chapter 419, Florida Statutes, on treatment services, 155 to identify obstacles to providing all forms of therapeutic, 156 medical, and clinical housing in this state to residents of this 157 state, and to identify any compliance issues with the federal 158 Americans with Disabilities Act and the federal Fair Housing 159 Amendments Act of 1988. 160 (b) The task force shall conduct a review of statewide 161 zoning codes to determine the effect, if any, that local 162 regulations have on the ability of private sector licensed 163 service providers to provide modern, effective, evidence-based 164 treatment and ancillary therapeutic housing to residents of this 165 state. 166 (5)(a) By December 31, 2024, the task force shall submit to 167 the Department of Children and Families a report of its findings 168 and recommendations, including any recommended amendments to 169 chapter 419, Florida Statutes. 170 (b) By June 30, 2025, the Department of Children and 171 Families shall submit a report of the task force’s findings and 172 recommendations, and any additional findings and recommendations 173 made by the department, to the Governor, the President of the 174 Senate, and the Speaker of the House of Representatives. 175 (6) From July 1, 2023, until July 1, 2026, any recovery 176 residence certified by the approved credentialing entity 177 pursuant to s. 397.487, Florida Statutes, is exempt from state 178 or local zoning laws or ordinances, including the requirements 179 of chapter 419, Florida Statutes, which do not apply to all 180 other single-family and multifamily dwellings. 181 (7) This section expires July 1, 2026. 182 Section 4. This act shall take effect July 1, 2023.