Bill Text: FL S1516 | 2021 | Regular Session | Introduced
Bill Title: Recovery Residences
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Children, Families, and Elder Affairs [S1516 Detail]
Download: Florida-2021-S1516-Introduced.html
Florida Senate - 2021 SB 1516 By Senator Book 32-01880-21 20211516__ 1 A bill to be entitled 2 An act relating to recovery residences; amending s. 3 397.487, F.S.; removing an obsolete date; requiring 4 recovery residences to obtain certification by a 5 specified date or before commencing operation; 6 creating a criminal penalty for a person who operates 7 a recovery residence without a certificate of 8 compliance; amending s. 397.4871, F.S.; removing an 9 obsolete date; requiring that recovery residence 10 administrators be certified by a specified date or 11 before beginning employment; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 397.487, Florida Statutes, is amended to 17 read: 18 397.487VoluntaryCertification of recovery residences.— 19 (1) The Legislature finds that a person suffering from 20 addiction has a higher success rate of achieving long-lasting 21 sobriety when given the opportunity to build a stronger 22 foundation by living in a recovery residence while receiving 23 treatment or after completing treatment. The Legislature further 24 finds that this state and its subdivisions have a legitimate 25 state interest in protecting these persons, who represent a 26 vulnerable consumer population in need of adequate housing. It 27 is the intent of the Legislature to protect persons who reside 28 in a recovery residence. 29 (2) The department shall approve at least one credentialing 30 entityby December 1, 2015,for the purpose of developing and 31 administering avoluntarycertification program for recovery 32 residences. Recovery residences in operation before October 1, 33 2021, must obtain certification no later than April 1, 2022. 34 Recovery residences established on or after October 1, 2021, 35 must obtain certification before commencing operation. The 36 approved credentialing entity shall: 37 (a) Establish recovery residence certification 38 requirements. 39 (b) Establish procedures to: 40 1. Administer the application, certification, 41 recertification, and disciplinary processes. 42 2. Monitor and inspect a recovery residence and its staff 43 to ensure compliance with certification requirements. 44 3. Interview and evaluate residents, employees, and 45 volunteer staff on their knowledge and application of 46 certification requirements. 47 (c) Provide training for owners, managers, and staff. 48 (d) Develop a code of ethics. 49 (e) Establish application, inspection, and annual 50 certification renewal fees. The application fee may not exceed 51 $100. Any onsite inspection fee shall reflect actual costs for 52 inspections. The annual certification renewal fee may not exceed 53 $100. 54 (3) A credentialing entity shall require the recovery 55 residence to submit the following documents with the completed 56 application and fee: 57 (a) A policy and procedures manual containing: 58 1. Job descriptions for all staff positions. 59 2. Drug-testing procedures and requirements. 60 3. A prohibitionon the premisesagainst the possession or 61 use of alcohol and,illegal drugs on the premises,and against 62 the use of prescribed medications by an individual other than 63 the individual for whom the medication is prescribed. 64 4. Policies to support a resident’s recovery efforts. 65 5. A good neighbor policy to address neighborhood concerns 66 and complaints. 67 (b) Rules for residents. 68 (c) Copies of all forms provided to residents. 69 (d) Intake procedures. 70 (e) A sexual predator and sexual offender registry 71 compliance policy. 72 (f) A relapse policy. 73 (g) A fee schedule. 74 (h) A refund policy. 75 (i) Eviction procedures and policy. 76 (j) A code of ethics. 77 (k) Proof of insurance. 78 (l) Proof of background screening. 79 (m) Proof of satisfactory fire, safety, and health 80 inspections. 81 (4) A certified recovery residence must be actively managed 82 by a certified recovery residence administrator. All 83 applications for certification must include the name of the 84 certified recovery residence administrator who will be actively 85 managing the applicant recovery residence. 86 (5) Upon receiving a complete application, a credentialing 87 entity shall conduct an onsite inspection of the recovery 88 residence. 89 (6) All owners, directors, and chief financial officers of 90 an applicant recovery residence are subject to level 2 91 background screening as provided under s. 408.809 and chapter 92 435. A recovery residence is ineligible for certification, and a 93 credentialing entity shall deny a recovery residence’s 94 application, if any owner, director, or chief financial officer 95 has been found guilty of, or has entered a plea of guilty or 96 nolo contendere to, regardless of adjudication, any offense 97 listed in s. 408.809(4) or s. 435.04(2) unless the department 98 has issued an exemption under s. 435.07. In accordance with s. 99 435.04, the department shall notify the credentialing agency of 100 an owner’s, director’s, or chief financial officer’s eligibility 101 based on the results of his or her background screening. 102 (7) A credentialing entity shall issue a certificate of 103 compliance upon approval of the recovery residence’s application 104 and inspection. The certificationshallautomatically expires 105terminate1 year after issuance if not renewed. 106 (8) Onsite followup monitoring of a certified recovery 107 residence may be conducted by the credentialing entity to 108 determine continuing compliance with certification requirements. 109 The credentialing entity shall inspect each certified recovery 110 residence at least annually to ensure compliance. 111 (a) A credentialing entity may suspend or revoke a 112 certification if the recovery residence is not in compliance 113 with any provision of this section or has failed to remedy any 114 deficiency identified by the credentialing entity within the 115 specified time periodspecified. 116 (b) A certified recovery residence must notify the 117 credentialing entity within 3 business days after the removal of 118 the recovery residence’s certified recovery residence 119 administrator due to termination, resignation, or any other 120 reason. The recovery residence musthas 30 days toretain a 121 certified recovery residence administrator within 30 days after 122 such termination, resignation, or removal. The credentialing 123 entity shall revoke the certificate of compliance of a certified 124anyrecovery residence that fails to comply with this paragraph. 125 (c) If any owner, director, or chief financial officer of a 126 certified recovery residence is arrested for or found guilty of, 127 or enters a plea of guilty or nolo contendere to, regardless of 128 adjudication, any offense listed in s. 435.04(2) while acting in 129 that capacity, the certified recovery residence shall 130 immediately remove the person from that position and shall 131 notify the credentialing entity within 3 business days after 132 such removal. The credentialing entity shall revoke the 133 certificate of compliance of a recovery residence that fails to 134 meet these requirements. 135 (d) A credentialing entity shall revoke a recovery 136 residence’s certificate of compliance if the recovery residence 137 provides false or misleading information to the credentialing 138 entity at any time. 139 (e) Any decision by a department-recognized credentialing 140 entity to deny, revoke, or suspend a certification, or otherwise 141 impose sanctions on a recovery residence, is reviewable by the 142 department. Upon receiving an adverse determination, the 143 recovery residence may request an administrative hearing 144 pursuant to ss. 120.569 and 120.57(1) within 30 days after 145 completing any appeals process offered by the credentialing 146 entity or the department, as applicable. 147 (9) A person may not operate a recovery residence or 148 advertise to the public, in any way or by any medium whatsoever,149 any recovery residence as a “certified recovery residence” 150 unless such recovery residence hasfirst secureda current and 151 unsuspended certificate of compliance under this section or the 152 recovery residence is authorized to operate without a 153 certificate of compliance under subsection (2). A person who 154 violates this subsection commits a misdemeanor of the first 155 degree, punishable as provided in s. 775.082 or s. 775.083. 156 (10)(a) A certified recovery residence may allow a minor 157 child to visit a parent who is a resident of the recovery 158 residence. However,provided thata minor child may not visit or 159 remain in the recovery residence between the hours of 9 p.m. and 160 7 a.m. unless: 161 1. A court makes a specific finding that such visitation is 162 in the best interest of the minor child; or 163 2. The recovery residence is a specialized residence for 164 pregnant women or parents whose children reside with them. Such 165 recovery residences may allow children to visit or reside in the 166 residence if the parent does not yet have a time-sharing plan 167 pursuant to s. 61.13, provided that the parent files with the 168 court for establishment of a plan within 14 days of moving into 169 the residence. 170 (b) A certified recovery residence may not allow a minor 171 child to visit a parent who is a resident of the recovery 172 residence at any time if any resident of the recovery residence 173 is currently required to register as a sexual predator under s. 174 775.21 or as a sexual offender under s. 943.0435. 175 (11) Notwithstanding any landlord and tenant rights and 176 obligations under chapter 83, a recovery residence that is 177 certified under this section and has a discharge policy approved 178 by a department-recognized credentialing entity may immediately 179 discharge or transfer a resident in accordance with that policy 180 under any of the following circumstances: 181 (a) The discharge or transfer is necessary for the 182 resident’s welfare. 183 (b) The resident’s needs cannot be met at the recovery 184 residence. 185 (c) The health and safety of other residents or recovery 186 residence employees is at risk or would be at risk if the 187 resident continues to live at the recovery residence. 188 Section 2. Subsections (1) and (2) of section 397.4871, 189 Florida Statutes, are amended to read: 190 397.4871 Recovery residence administrator certification.— 191 (1) It is the intent of the Legislature that a recovery 192 residence administratorvoluntarilyearn and maintain 193 certification from a credentialing entity approved by the 194 Department of Children and Families. The Legislature further 195 intends that certification ensure that an administrator has the 196 competencies necessary to appropriately respond to the needs of 197 residents, to maintain residence standards, and to meet 198 residence certification requirements. 199 (2) The department shall approve at least one credentialing 200 entityby December 1, 2015,for the purpose of developing and 201 administering avoluntarycredentialing program for 202 administrators. Recovery residence administrators employed by a 203 recovery residence before October 1, 2021, must obtain 204 certification no later than April 1, 2022. Recovery residence 205 administrators hired on or after October 1, 2021, must obtain 206 certification before beginning employment at a recovery 207 residence. The department shall approve any credentialing entity 208 that the department endorses pursuant to s. 397.321(15) if the 209 credentialing entity also meets the requirements of this 210 section. The approved credentialing entity shall: 211 (a) Establish recovery residence administrator core 212 competencies, certification requirements, testing instruments, 213 and recertification requirements. 214 (b) Establish a process to administer the certification 215 application, award, and maintenance processes. 216 (c) Develop and administer: 217 1. A code of ethics and disciplinary process. 218 2. Biennial continuing education requirements and annual 219 certification renewal requirements. 220 3. An education provider program to approve training 221 entities that are qualified to provide precertification training 222 to applicants and continuing education opportunities to 223 certified persons. 224 Section 3. This act shall take effect October 1, 2021.