Bill Text: FL S1180 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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       Florida Senate - 2024                             CS for SB 1180
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Harrell
       
       
       
       
       586-02946-24                                          20241180c1
    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. 397.335, F.S.;
    9         revising the membership of the Statewide Council on
   10         Opioid Abatement to include additional members;
   11         amending s. 397.487, F.S.; extending the deadline for
   12         certified recovery residences to retain a replacement
   13         for a certified recovery residence administrator who
   14         has been removed from his or her position; requiring
   15         certified recovery residences to remove certain
   16         individuals from their positions if they are arrested
   17         and awaiting disposition for, are found guilty of, or
   18         enter a plea of guilty or nolo contendere to certain
   19         offenses, regardless if adjudication is withheld;
   20         requiring the certified recovery residence to retain a
   21         certified recovery residence administrator if the
   22         previous certified recovery residence administrator
   23         has been removed due to any reason; conforming
   24         provisions to changes made by the act; prohibiting
   25         certified recovery residences, on or after a specified
   26         date, from denying an individual access to housing
   27         solely for being prescribed federally approved
   28         medications from licensed health care professionals;
   29         prohibiting local laws, ordinances, or regulations
   30         adopted on or after a specified date from regulating
   31         the duration or frequency of a resident’s stay in a
   32         certified recovery residence in certain zoning
   33         districts; providing applicability; amending s.
   34         397.4871, F.S.; conforming provisions to changes made
   35         by the act; authorizing certain Level IV certified
   36         recovery residences owned or controlled by a licensed
   37         service provider and managed by a certified recovery
   38         residence administrator approved for a specified
   39         number of residents to manage a specified greater
   40         number of residents, provided that certain criteria
   41         are met; prohibiting a certified recovery residence
   42         administrator who has been removed by a certified
   43         recovery residence from taking on certain other
   44         management positions without approval from a
   45         credentialing entity; providing an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (k) is added to subsection (10) of
   50  section 212.02, Florida Statutes, to read:
   51         212.02 Definitions.—The following terms and phrases when
   52  used in this chapter have the meanings ascribed to them in this
   53  section, except where the context clearly indicates a different
   54  meaning:
   55         (10) “Lease,” “let,” or “rental” means leasing or renting
   56  of living quarters or sleeping or housekeeping accommodations in
   57  hotels, apartment houses, roominghouses, tourist or trailer
   58  camps and real property, the same being defined as follows:
   59         (k) For purposes of this chapter, recovery residences
   60  certified pursuant to s. 397.487 which rent properties are not
   61  subject to any taxes imposed on transient accommodations,
   62  including taxes imposed under s. 212.03; any locally imposed
   63  discretionary sales surtax or any convention development tax
   64  imposed under s. 212.0305; any tourist development tax imposed
   65  under s. 125.0104; or any tourist impact tax imposed under s.
   66  125.0108.
   67         Section 2. Present subsections (9) through (50) of section
   68  397.311, Florida Statutes, are redesignated as subsections (10)
   69  through (51), respectively, a new subsection (9) is added to
   70  that section, and subsection (5) of that section is amended, to
   71  read:
   72         397.311 Definitions.—As used in this chapter, except part
   73  VIII, the term:
   74         (5) “Certified recovery residence” means a recovery
   75  residence that holds a valid certificate of compliance and is
   76  actively managed by a certified recovery residence
   77  administrator.
   78         (a) A Level I certified recovery residence houses
   79  individuals in recovery who have completed treatment, with a
   80  minimum of 9 months of sobriety. A Level I certified recovery
   81  residence is democratically run by the members who reside in the
   82  home.
   83         (b) A Level II certified recovery residence encompasses the
   84  traditional perspectives of sober living homes. There is
   85  oversight from a house manager who has experience with living in
   86  recovery. Residents are expected to follow rules outlined in a
   87  resident handbook, which is provided by the certified recovery
   88  residence administrator. Residents must pay dues, if applicable,
   89  and work toward achieving realistic and defined milestones
   90  within a chosen recovery path.
   91         (c) A Level III certified recovery residence offers higher
   92  supervision by staff with formal training to ensure resident
   93  accountability. Such residences are staffed 24 hours a day, 7
   94  days a week, and offer residents peer-support services, which
   95  may include, but are not limited to, life skill mentoring,
   96  recovery planning, and meal preparation. No clinical services
   97  are performed at the residence. Such residences are most
   98  appropriate for persons who require a more structured
   99  environment during early recovery from addiction.
  100         (d) A Level IV certified recovery residence is a residence
  101  offered, referred to, or provided by, a licensed service
  102  provider to its patients who are required to reside at the
  103  residence while receiving intensive outpatient and higher levels
  104  of outpatient care. Such residences are staffed 24 hours a day
  105  and combine outpatient licensable services with recovery
  106  residential living. Residents are required to follow a treatment
  107  plan and attend group and individual sessions, in addition to
  108  developing a recovery plan within the social model of living a
  109  sober lifestyle. No clinical services are provided at the
  110  residence, and all licensable services are provided off-site.
  111         (9) “Community housing” means a certified recovery
  112  residence offered, referred to, or provided by a licensed
  113  service provider that provides housing to its patients who are
  114  required to reside at the residence while receiving intensive
  115  outpatient and higher levels of outpatient care. A certified
  116  recovery residence used by a licensed service provider that
  117  meets the definition of community housing shall be classified as
  118  a Level IV level of support, as described in subsection (5).
  119         Section 3. Paragraph (a) of subsection (2) of section
  120  397.335, Florida Statutes, is amended to read:
  121         397.335 Statewide Council on Opioid Abatement.—
  122         (2) MEMBERSHIP.—
  123         (a) Notwithstanding s. 20.052, the council shall be
  124  composed of the following members:
  125         1. The Attorney General, or his or her designee, who shall
  126  serve as chair.
  127         2. The secretary of the department, or his or her designee,
  128  who shall serve as vice chair.
  129         3. One member appointed by the Governor.
  130         4. One member appointed by the President of the Senate.
  131         5. One member appointed by the Speaker of the House of
  132  Representatives.
  133         6. Two members appointed by the Florida League of Cities
  134  who are commissioners or mayors of municipalities. One member
  135  shall be from a municipality with a population of fewer than
  136  50,000 people.
  137         7. Two members appointed by or through the Florida
  138  Association of Counties who are county commissioners or mayors.
  139  One member shall be appointed from a county with a population of
  140  fewer than 200,000, and one member shall be appointed from a
  141  county with a population of more than 200,000.
  142         8. One member who is either a county commissioner or county
  143  mayor appointed by the Florida Association of Counties or who is
  144  a commissioner or mayor of a municipality appointed by the
  145  Florida League of Cities. The Florida Association of Counties
  146  shall appoint such member for the initial term, and future
  147  appointments must alternate between a member appointed by the
  148  Florida League of Cities and a member appointed by the Florida
  149  Association of Counties.
  150         9. Two members appointed by or through the State Surgeon
  151  General. One shall be a staff member from the department who has
  152  experience coordinating state and local efforts to abate the
  153  opioid epidemic, and one shall be a licensed physician who is
  154  board certified in both addiction medicine and psychiatry.
  155         10. One member appointed by the Florida Association of
  156  Recovery Residences.
  157         11. One member appointed by the Florida Association of EMS
  158  Medical Directors.
  159         12. One member appointed by the Florida Society of
  160  Addiction Medicine who is a medical doctor board certified in
  161  addiction medicine.
  162         13. One member appointed by the Florida Behavioral Health
  163  Association.
  164         14. One member appointed by Floridians for Recovery.
  165         15. One member appointed by the Florida Certification
  166  Board.
  167         16. One member appointed by the Florida Association of
  168  Managing Entities.
  169         Section 4. Present paragraphs (c), (d), and (e) of
  170  subsection (8) of section 397.487, Florida Statutes, are
  171  redesignated as paragraphs (d), (e), and (f), respectively, a
  172  new paragraph (c) is added to that subsection, subsections (13)
  173  and (14) are added to that section, and paragraph (b) and
  174  present paragraphs (c), (d), and (e) of subsection (8) of that
  175  section are amended, to read:
  176         397.487 Voluntary certification of recovery residences.—
  177         (8) Onsite followup monitoring of a certified recovery
  178  residence may be conducted by the credentialing entity to
  179  determine continuing compliance with certification requirements.
  180  The credentialing entity shall inspect each certified recovery
  181  residence at least annually to ensure compliance.
  182         (b) A certified recovery residence must notify the
  183  credentialing entity within 3 business days after the removal of
  184  the recovery residence’s certified recovery residence
  185  administrator due to termination, resignation, or any other
  186  reason. The certified recovery residence has 90 30 days to
  187  retain a certified recovery residence administrator. The
  188  credentialing entity shall revoke the certificate of compliance
  189  of any certified recovery residence that fails to comply with
  190  this paragraph.
  191         (c) If a certified recovery residence’s administrator has
  192  been removed due to termination, resignation, or any other
  193  reason and had been previously approved to actively manage more
  194  than 50 residents pursuant to s. 397.4871(8)(b), the certified
  195  recovery residence has 90 days to retain another certified
  196  recovery residence administrator pursuant to that section. The
  197  credentialing entity shall revoke the certificate of compliance
  198  of any certified recovery residence that fails to comply with
  199  this paragraph.
  200         (d)(c) If any owner, director, or chief financial officer
  201  of a certified recovery residence is arrested and awaiting
  202  disposition for or found guilty of, or enters a plea of guilty
  203  or nolo contendere to, regardless of whether adjudication is
  204  withheld, any offense listed in s. 435.04(2) while acting in
  205  that capacity, the certified recovery residence must shall
  206  immediately remove the person from that position and shall
  207  notify the credentialing entity within 3 business days after
  208  such removal. The credentialing entity may shall revoke the
  209  certificate of compliance of a certified recovery residence that
  210  fails to meet these requirements.
  211         (e)(d) A credentialing entity shall revoke a certified
  212  recovery residence’s certificate of compliance if the certified
  213  recovery residence provides false or misleading information to
  214  the credentialing entity at any time.
  215         (f)(e) Any decision by a department-recognized
  216  credentialing entity to deny, revoke, or suspend a
  217  certification, or otherwise impose sanctions on a certified
  218  recovery residence, is reviewable by the department. Upon
  219  receiving an adverse determination, the certified recovery
  220  residence may request an administrative hearing pursuant to ss.
  221  120.569 and 120.57(1) within 30 days after completing any
  222  appeals process offered by the credentialing entity or the
  223  department, as applicable.
  224         (13) On or after January 1, 2025, a recovery residence may
  225  not deny an individual access to housing solely on the basis
  226  that he or she has been prescribed federally approved medication
  227  that assists with treatment for substance use disorders by a
  228  licensed physician, a physician’s assistant, or an advanced
  229  practice registered nurse registered under s. 464.0123.
  230         (14) A local law, ordinance, or regulation may not regulate
  231  the duration or frequency of a resident’s stay in a certified
  232  recovery residence located within a multifamily zoning district.
  233  This subsection does not apply to any local law, ordinance, or
  234  regulation adopted on or before February 1, 2025.
  235         Section 5. Paragraphs (b) and (c) of subsection (6) of
  236  section 397.4871, Florida Statutes, are amended, and paragraph
  237  (c) is added to subsection (8) of that section, to read:
  238         397.4871 Recovery residence administrator certification.—
  239         (6) The credentialing entity shall issue a certificate of
  240  compliance upon approval of a person’s application. The
  241  certification shall automatically terminate 1 year after
  242  issuance if not renewed.
  243         (b) If a certified recovery residence administrator of a
  244  recovery residence is arrested and awaiting disposition for or
  245  found guilty of, or enters a plea of guilty or nolo contendere
  246  to, regardless of whether adjudication is withheld, any offense
  247  listed in s. 435.04(2) while acting in that capacity, the
  248  certified recovery residence must shall immediately remove the
  249  person from that position and shall notify the credentialing
  250  entity within 3 business days after such removal. The certified
  251  recovery residence shall have 30 days to retain a certified
  252  recovery residence administrator within 90 days after such
  253  removal. The credentialing entity shall revoke the certificate
  254  of compliance of any recovery residence that fails to meet these
  255  requirements.
  256         (c) A credentialing entity shall revoke a certified
  257  recovery residence administrator’s certificate of compliance if
  258  the recovery residence administrator provides false or
  259  misleading information to the credentialing entity at any time.
  260         (8)
  261         (c) Notwithstanding paragraph (b), a Level IV certified
  262  recovery residence operating as community housing as defined in
  263  s. 397.311(9), which residence is actively managed by a
  264  certified recovery residence administrator approved for 100
  265  residents under this section and is wholly owned or controlled
  266  by a licensed service provider, may actively manage up to 150
  267  residents so long as the licensed service provider maintains a
  268  service provider personnel-to-patient ratio of 1 to 8 and
  269  maintains onsite supervision at the residences 24 hours a day, 7
  270  days a week, with a personnel-to-resident ratio of 1 to 10. A
  271  certified recovery residence administrator who has been removed
  272  by a certified recovery residence due to termination,
  273  resignation, or any other reason may not continue to actively
  274  manage more than 50 residents for another service provider or
  275  certified recovery residence without being approved by the
  276  credentialing entity.
  277         Section 6. This act shall take effect July 1, 2024.