Bill Text: FL S1180 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Substance Abuse Treatment
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-02-29 - Laid on Table, refer to CS/CS/CS/HB 1065 [S1180 Detail]
Download: Florida-2024-S1180-Introduced.html
Bill Title: Substance Abuse Treatment
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-02-29 - Laid on Table, refer to CS/CS/CS/HB 1065 [S1180 Detail]
Download: Florida-2024-S1180-Introduced.html
Florida Senate - 2024 SB 1180 By Senator Harrell 31-00370C-24 20241180__ 1 A bill to be entitled 2 An act relating to substance abuse treatment; amending 3 s. 212.02, F.S.; eliminating certain tax liabilities 4 imposed on certified recovery residences; amending s. 5 397.311, F.S.; providing the levels of care at 6 certified recovery residences and their respective 7 levels of care for residents; defining the term 8 “community housing”; amending s. 397.321, F.S.; 9 requiring the Department of Children and Families to 10 display and make available on its website certain 11 information pertaining to service providers and 12 recovery residences by a specified date; requiring the 13 department to display on its website certain documents 14 pertaining to service providers; amending s. 397.335, 15 F.S.; revising the membership of the Statewide Council 16 on Opioid Abatement to include additional members; 17 amending s. 397.487, F.S.; extending the deadline for 18 certified recovery residences to retain a replacement 19 for a certified recovery residence administrator who 20 has been removed from his or her position; requiring 21 certified recovery residences to remove certain 22 individuals from their positions if they are arrested 23 and awaiting disposition for, are found guilty of, or 24 enter a plea of guilty or nolo contendere to certain 25 offenses, regardless if 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 from 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; amending s. 40 397.4871, F.S.; conforming provisions to changes made 41 by the act; authorizing certain Level IV certified 42 recovery residences owned or controlled by a licensed 43 service provider and managed by a certified recovery 44 residence administrator approved for a specified 45 number of residents to manage a specified greater 46 number of residents, provided that certain criteria 47 are met; prohibiting a certified recovery residence 48 administrator who has been removed by a certified 49 recovery residence from taking on certain other 50 management positions without approval from a 51 credentialing entity; providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Paragraph (k) is added to subsection (10) of 56 section 212.02, Florida Statutes, to read: 57 212.02 Definitions.—The following terms and phrases when 58 used in this chapter have the meanings ascribed to them in this 59 section, except where the context clearly indicates a different 60 meaning: 61 (10) “Lease,” “let,” or “rental” means leasing or renting 62 of living quarters or sleeping or housekeeping accommodations in 63 hotels, apartment houses, roominghouses, tourist or trailer 64 camps and real property, the same being defined as follows: 65 (k) For purposes of this chapter, recovery residences 66 certified pursuant to s. 397.487 which rent properties are not 67 subject to any taxes imposed on transient accommodations, 68 including taxes imposed under s. 212.03; any locally imposed 69 discretionary sales surtax or any convention development tax 70 imposed under s. 212.0305; any tourist development tax imposed 71 under s. 125.0104; or any tourist impact tax imposed under s. 72 125.0108. 73 Section 2. Present subsections (9) through (50) of section 74 397.311, Florida Statutes, are redesignated as subsections (10) 75 through (51), respectively, a new subsection (9) is added to 76 that section, and subsection (5) of that section is amended, to 77 read: 78 397.311 Definitions.—As used in this chapter, except part 79 VIII, the term: 80 (5) “Certified recovery residence” means a recovery 81 residence that holds a valid certificate of compliance and is 82 actively managed by a certified recovery residence 83 administrator. 84 (a) A Level I certified recovery residence houses 85 individuals in recovery who have completed treatment, with a 86 minimum of 9 months of sobriety. A Level I certified recovery 87 residence is democratically run by the members who reside in the 88 home. 89 (b) A Level II certified recovery residence encompasses the 90 traditional perspectives of sober living homes. There is 91 oversight from a house manager who has experience with living in 92 recovery. Residents are expected to follow rules outlined in a 93 resident handbook, which is provided by the certified recovery 94 residence administrator. Residents must pay dues, if applicable, 95 and work toward achieving realistic and defined milestones 96 within a chosen recovery path. 97 (c) A Level III certified recovery residence offers higher 98 supervision by staff with formal training to ensure resident 99 accountability. Such residences are staffed 24 hours a day, 7 100 days a week, and offer residents peer-support services, which 101 may include, but are not limited to, life skill mentoring, 102 recovery planning, and meal preparation. No clinical services 103 are performed at the residence. Such residences are most 104 appropriate for persons who require a more structured 105 environment during early recovery from addiction. 106 (d) A Level IV certified recovery residence is a residence 107 offered, referred to, or provided by, a licensed service 108 provider to its patients who are required to reside at the 109 residence while receiving intensive outpatient and higher levels 110 of outpatient care. Such residences are staffed 24 hours a day 111 and combine outpatient licensable services with recovery 112 residential living. Residents are required to follow a treatment 113 plan and attend group and individual sessions, in addition to 114 developing a recovery plan within the social model of living a 115 sober lifestyle. No clinical services are provided at the 116 residence, and all licensable services are provided off-site. 117 (9) “Community housing” means a certified recovery 118 residence offered, referred to, or provided by a licensed 119 service provider that provides housing to its patients who are 120 required to reside at the residence while receiving intensive 121 outpatient and higher levels of outpatient care. A certified 122 recovery residence used by a licensed service provider that 123 meets the definition of community housing shall be classified as 124 a Level IV level of support, as described in subsection (5). 125 Section 3. Subsection (20) is added to section 397.321, 126 Florida Statutes, to read: 127 397.321 Duties of the department.—The department shall: 128 (20) Prominently display and make available on its website 129 no later than January 1, 2025, all documents in the department’s 130 Provider Licensure and Designations System pertaining to the 131 following: 132 (a) Service provider applications for licensure and license 133 renewal. 134 (b) Policies and procedures provided to the department by 135 an applicant for service provider licensure or license renewal. 136 (c) The name and location of each recovery residence 137 engaged in a referral relationship with a licensed service 138 provider or service provider applicant, as required under ss. 139 397.4104 and 397.403(1)(j). 140 (d) All complaints pertaining to service providers received 141 by the department, and all investigative reports and findings, 142 whether founded or unfounded. Complainant names and other 143 identifying information shall be redacted. 144 (e) Fines assessed for violations pursuant to ss. 145 397.411(7), 397.4104(2), and 397.4873(7). 146 (f) All reports or other documentation pertaining to 147 service provider license suspension or revocation. 148 (g) All inspection reports for service provider licenses 149 and recovery residences. 150 Section 4. Paragraph (a) of subsection (2) of section 151 397.335, Florida Statutes, is amended to read: 152 397.335 Statewide Council on Opioid Abatement.— 153 (2) MEMBERSHIP.— 154 (a) Notwithstanding s. 20.052, the council shall be 155 composed of the following members: 156 1. The Attorney General, or his or her designee, who shall 157 serve as chair. 158 2. The secretary of the department, or his or her designee, 159 who shall serve as vice chair. 160 3. One member appointed by the Governor. 161 4. One member appointed by the President of the Senate. 162 5. One member appointed by the Speaker of the House of 163 Representatives. 164 6. Two members appointed by the Florida League of Cities 165 who are commissioners or mayors of municipalities. One member 166 shall be from a municipality with a population of fewer than 167 50,000 people. 168 7. Two members appointed by or through the Florida 169 Association of Counties who are county commissioners or mayors. 170 One member shall be appointed from a county with a population of 171 fewer than 200,000, and one member shall be appointed from a 172 county with a population of more than 200,000. 173 8. One member who is either a county commissioner or county 174 mayor appointed by the Florida Association of Counties or who is 175 a commissioner or mayor of a municipality appointed by the 176 Florida League of Cities. The Florida Association of Counties 177 shall appoint such member for the initial term, and future 178 appointments must alternate between a member appointed by the 179 Florida League of Cities and a member appointed by the Florida 180 Association of Counties. 181 9. Two members appointed by or through the State Surgeon 182 General. One shall be a staff member from the department who has 183 experience coordinating state and local efforts to abate the 184 opioid epidemic, and one shall be a licensed physician who is 185 board certified in both addiction medicine and psychiatry. 186 10. One member appointed by the Florida Association of 187 Recovery Residences. 188 11. One member appointed by the Florida Association of EMS 189 Medical Directors. 190 12. One member appointed by the Florida Society of 191 Addiction Medicine who is a medical doctor board certified in 192 addiction medicine. 193 13. One member appointed by the Florida Behavioral Health 194 Association. 195 14. One member appointed by Floridians for Recovery. 196 Section 5. Present paragraphs (c), (d), and (e) of 197 subsection (8) of section 397.487, Florida Statutes, are 198 redesignated as paragraphs (d), (e), and (f), respectively, a 199 new paragraph (c) is added to that subsection, subsections (13) 200 and (14) are added to that section, and paragraphs (b) and 201 present paragraphs (c), (d), and (e) of subsection (8) of that 202 section are amended, to read: 203 397.487 Voluntary certification of recovery residences.— 204 (8) Onsite followup monitoring of a certified recovery 205 residence may be conducted by the credentialing entity to 206 determine continuing compliance with certification requirements. 207 The credentialing entity shall inspect each certified recovery 208 residence at least annually to ensure compliance. 209 (b) A certified recovery residence must notify the 210 credentialing entity within 3 business days after the removal of 211 the recovery residence’s certified recovery residence 212 administrator due to termination, resignation, or any other 213 reason. The certified recovery residence has 9030days to 214 retain a certified recovery residence administrator. The 215 credentialing entity shall revoke the certificate of compliance 216 of any certified recovery residence that fails to comply with 217 this paragraph. 218 (c) If a certified recovery residence’s administrator has 219 been removed due to termination, resignation, or any other 220 reason and had been previously approved to actively manage more 221 than 50 residents pursuant to s. 397.4871(8)(b), the certified 222 recovery residence has 90 days to retain another certified 223 recovery residence administrator pursuant to that section. The 224 credentialing entity shall revoke the certificate of compliance 225 of any certified recovery residence that fails to comply with 226 this paragraph. 227 (d)(c)If any owner, director, or chief financial officer 228 of a certified recovery residence is arrested and awaiting 229 disposition for or found guilty of, or enters a plea of guilty 230 or nolo contendere to, regardless of whether adjudication is 231 withheld, any offense listed in s. 435.04(2) while acting in 232 that capacity, the certified recovery residence mustshall233 immediately remove the person from that position andshall234 notify the credentialing entity within 3 business days after 235 such removal. The credentialing entity mayshallrevoke the 236 certificate of compliance of a certified recovery residence that 237 fails to meet these requirements. 238 (e)(d)A credentialing entity shall revoke a certified 239 recovery residence’s certificate of compliance if the certified 240 recovery residence provides false or misleading information to 241 the credentialing entity at any time. 242 (f)(e)Any decision by a department-recognized 243 credentialing entity to deny, revoke, or suspend a 244 certification, or otherwise impose sanctions on a certified 245 recovery residence, is reviewable by the department. Upon 246 receiving an adverse determination, the certified recovery 247 residence may request an administrative hearing pursuant to ss. 248 120.569 and 120.57(1) within 30 days after completing any 249 appeals process offered by the credentialing entity or the 250 department, as applicable. 251 (13) On or after January 1, 2025, a recovery residence may 252 not deny an individual access to housing solely on the basis 253 that he or she has been prescribed federally approved medication 254 that assists with treatment for substance use disorders by a 255 licensed physician, a physician’s assistant, or an advanced 256 practice registered nurse registered under s. 464.0123. 257 (14) A local law, ordinance, or regulation may not regulate 258 the duration or frequency of a resident’s stay in a certified 259 recovery residence located within a multifamily zoning district. 260 This subsection does not apply to any local law, ordinance, or 261 regulation adopted on or before February 1, 2025. 262 Section 6. Paragraphs (b) and (c) of subsection (6) of 263 section 397.4871, Florida Statutes, are amended, and paragraph 264 (c) is added to subsection (8) of that section, to read: 265 397.4871 Recovery residence administrator certification.— 266 (6) The credentialing entity shall issue a certificate of 267 compliance upon approval of a person’s application. The 268 certification shall automatically terminate 1 year after 269 issuance if not renewed. 270 (b) If a certified recovery residence administrator of a 271 recovery residence is arrested and awaiting disposition for or 272 found guilty of, or enters a plea of guilty or nolo contendere 273 to, regardless of whether adjudication is withheld, any offense 274 listed in s. 435.04(2) while acting in that capacity, the 275 certified recovery residence mustshallimmediately remove the 276 person from that position andshallnotify the credentialing 277 entity within 3 business days after such removal. The certified 278 recovery residence shallhave30days toretain a certified 279 recovery residence administrator within 90 days after such 280 removal. The credentialing entity shall revoke the certificate 281 of compliance of any recovery residence that fails to meet these 282 requirements. 283 (c) A credentialing entity shall revoke a certified 284 recovery residence administrator’s certificate of compliance if 285 the recovery residence administrator provides false or 286 misleading information to the credentialing entity at any time. 287 (8) 288 (c) Notwithstanding paragraph (b), a Level IV certified 289 recovery residence with a community housing component, which 290 residence is actively managed by a certified recovery residence 291 administrator approved for 100 residents under this section and 292 is wholly owned or controlled by a licensed service provider, 293 may actively manage up to 150 residents so long as the licensed 294 service provider maintains a service provider personnel-to 295 patient ratio of 1 to 8 and maintains onsite supervision at the 296 residences 24 hours a day, 7 days a week, with a personnel-to 297 resident ratio of 1 to 10. A certified recovery residence 298 administrator who has been removed by a certified recovery 299 residence due to termination, resignation, or any other reason 300 may not continue to actively manage more than 50 residents for 301 another service provider or certified recovery residence without 302 being approved by the credentialing entity. 303 Section 7. This act shall take effect July 1, 2024.