Florida 2023 Regular Session

Florida House Bill H1303 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1303 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to substance abuse and mental health 2
16	16	services; amending s. 397.487, F.S.; conforming a 3
17	17	provision to changes made by the act; revising 4
18	18	requirements relating to the removal and replacement 5
19	19	of certified recovery residence administrators; 6
20	20	revising requirements relating to credentialing 7
21	21	entities denying, revoking, or suspending 8
22	22	certifications or imposing sanctions on a recovery 9
23	23	residence; requiring the Department of Children and 10
24	24	Families to adopt rules; requiring that changes to 11
25	25	certification requirements by credentialing entities 12
26	26	be adopted by department rule before the change is 13
27	27	effective and enforceable; amending s. 397.4871, F.S.; 14
28	28	authorizing credentialing entities to approve certain 15
29	29	certified recovery residence administrators to 16
30	30	actively manage up to a specified number of residents 17
31	31	if certain requirements are met; prohibiting certain 18
32	32	certified recovery residence administrators who have 19
33	33	been removed from a recovery residence from continuing 20
34	34	to actively manage more than a specified number of 21
35	35	residents without being reapproved by a credentialing 22
36	36	entity; creating the Substance Abuse and Mental Health 23
37	37	Treatment and Housing Task Force within the Department 24
38	38	of Children and Families; providing a purpose for the 25
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40	40	HB 1303 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	task force; specifying membership of the task force; 26
52	52	requiring the task force to meet at specified 27
53	53	intervals; requiring the task force to conduct a 28
54	54	specified study and review; requiring the task force 29
55	55	to submit a report to the department by a specified 30
56	56	date; requiring the department to submit a r eport to 31
57	57	the Governor and the Legislature by a specified date; 32
58	58	exempting certain recovery residences from certain 33
59	59	zoning laws and ordinances for a specified timeframe; 34
60	60	providing for expiration of the task force; providing 35
61	61	an effective date. 36
62	62	37
63	63	Be It Enacted by the Legislature of the State of Florida: 38
64	64	39
65	65	Section 1. Paragraph (a) of subsection (2) and paragraphs 40
66	66	(b) and (e) of subsection (8) of section 397.487, Florida 41
67	67	Statutes, are amended, and paragraph (f) is added to that 42
68	68	subsection, to read: 43
69	69	397.487 Voluntary certification of recovery residences. — 44
70	70	(2) The department shall approve at least one 45
71	71	credentialing entity by December 1, 2015, for the purpose of 46
72	72	developing and administering a voluntary certification program 47
73	73	for recovery residences. The appr oved credentialing entity 48
74	74	shall: 49
75	75	(a) Establish recovery residence certification 50
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77	77	HB 1303 2023
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82	82	hb1303-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	requirements. However, any change to certification requirements 51
89	89	on or after October 1, 2023, must be adopted by department rule 52
90	90	pursuant to paragraph (8)(f). 53
91	91	(8) Onsite followup monitoring of a certified recovery 54
92	92	residence may be conducted by the credentialing entity to 55
93	93	determine continuing compliance with certification requirements. 56
94	94	The credentialing entity shall inspect each certified recovery 57
95	95	residence at least annually t o ensure compliance. 58
96	96	(b) A certified recovery residence must notify the 59
97	97	credentialing entity within 3 business days after the removal of 60
98	98	the recovery residence's certified recovery residence 61
99	99	administrator due to termination, resignation, or any other 62
100	100	reason. The recovery residence has 90 30 days to retain a 63
101	101	certified recovery residence administrator. If a recovery 64
102	102	residence's certified recovery residence administrator has been 65
103	103	removed due to termination, resignation, or any other reason and 66
104	104	had been approved to actively manage more than 50 residents 67
105	105	pursuant to s. 397.4871(8), the recovery residence must retain 68
106	106	another certified recovery residence administrator within 90 69
107	107	days to continue to manage the approved additional number of 70
108	108	residents. The credentialing entity shall revoke the certificate 71
109	109	of compliance of any recovery residence that fails to comply 72
110	110	with this paragraph. 73
111	111	(e) Any decision by a department -recognized credentialing 74
112	112	entity to deny, revoke, or suspend a certification, or otherwise 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	impose sanctions on a recovery residence , must be initiated by a 76
126	126	formal notice provided to the recovery residence, and the 77
127	127	credentialing agency must take final action within 30 days after 78
128	128	the initial notification , is reviewable by the department . Upon 79
129	129	receiving an adverse determination, the recovery residence may 80
130	130	request an administrative hearing pursuant to ss. 120.569 and 81
131	131	120.57 ss. 120.569 and 120.57(1) within 30 days after final 82
132	132	action taken completing any appeals process offered by the 83
133	133	credentialing entity or t he department, as applicable. 84
134	134	(f) Effective October 1, 2023, the department shall adopt 85
135	135	by rule the certification requirements established by 86
136	136	credentialing entities which are in effect on that date. Any 87
137	137	changes to certification requirements by a credenti aling entity 88
138	138	on or after October 1, 2023 must be adopted by department rule 89
139	139	before such change is effective and enforceable by credentialing 90
140	140	entities. 91
141	141	Section 2. Paragraph (b) of subsection (8) of section 92
142	142	397.4871, Florida Statutes, is amended to read: 93
143	143	397.4871 Recovery residence administrator certification. — 94
144	144	(8) 95
145	145	(b)1. A certified recovery residence administrator may not 96
146	146	actively manage more than 50 residents at any given time unless 97
147	147	written justification is provided to, and approved by, the 98
148	148	credentialing entity as to how the administrator is able to 99
149	149	effectively and appropriately respond to the needs of the 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	residents, to maintain residence standards, and to meet the 101
163	163	residence certification requirements of this section. However, a 102
164	164	certified recovery residence administrator may not actively 103
165	165	manage more than 100 residents at any given time except as 104
166	166	provided in subparagraph 2 . 105
167	167	2. A credentialing entity may approve a certified recovery 106
168	168	residence administrator to actively manage up to 250 residents 107
169	169	if such administrator has been approved to actively manage 100 108
170	170	residents under subparagraph 1., if such administrator's 109
171	171	recovery residence is wholly owned or controlled by a licensed 110
172	172	service provider, and if the licensed service provider maintains 111
173	173	a ratio of at least one staff member to eight residents. A 112
174	174	certified recovery residence administrator approved under this 113
175	175	subparagraph who has been removed by a recovery residence due to 114
176	176	termination, resignation, or any other reason may not continue 115
177	177	to actively manage more than 100 residents for another recovery 116
178	178	residence without being reapproved by the credentialing entity 117
179	179	pursuant to this subparagraph. 118
180	180	Section 3. (1) The Substance Abuse and Mental Health 119
181	181	Treatment and Housing Task Force, a task force as defined in s. 120
182	182	20.03(8), Florida Statutes, is created within the Department of 121
183	183	Children and Families. The purpose of the task force is to study 122
184	184	issues relating to the regulation of licensed private sector 123
185	185	substance abuse and mental health treatment service provide rs 124
186	186	and ancillary therapeutic housing in this state and provide 125
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188	188	HB 1303 2023
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	recommended changes to provide best -in-class services with 126
200	200	limited governmental intrusion. Except as otherwise provided in 127
201	201	this section, the task force shall operate in a manner 128
202	202	consistent with s. 20.052, Florida Statutes. 129
203	203	(2) The task force is composed of nine members, as 130
204	204	follows: 131
205	205	(a) A representative of the Executive Office of the 132
206	206	Governor, appointed by the Governor. 133
207	207	(b) A member of the Senate, appointed by the President of 134
208	208	the Senate. 135
209	209	(c) A member of the House of Representatives, appointed by 136
210	210	the Speaker of the House of Representatives. 137
211	211	(d) A representative of the Office of the Attorney 138
212	212	General, appointed by the Governor. 139
213	213	(e) A representative of the Chief Financial Officer, 140
214	214	appointed by the Governor. 141
215	215	(f) A representative of the Palm Beach County State 142
216	216	Attorney Addiction Recovery Task Force, appointed by the 143
217	217	Governor. 144
218	218	(g) A representative of the Florida Association of 145
219	219	Recovery Residences, appointed by the Governor. 146
220	220	(h) A representative of the treatment industry, appointed 147
221	221	by the Governor. 148
222	222	(i) A member of The Florida Bar with knowledge and 149
223	223	experience in the treatment and therapeutic housing industry, 150
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225	225	HB 1303 2023
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	appointed by the Governor. 151
237	237	(3) The task force shall appoint a chair and vice -chair 152
238	238	and meet no less than monthly. 153
239	239	(4)(a) The task force, with assistance from the Department 154
240	240	of Children and Families, shall conduct a study to evaluate the 155
241	241	impact of chapter 419, Florida Statutes, on treatment services, 156
242	242	to identify obstacles to prov iding all forms of therapeutic, 157
243	243	medical, and clinical housing in this state to residents of this 158
244	244	state, and to identify any compliance issues with the federal 159
245	245	Americans with Disabilities Act and the federal Fair Housing 160
246	246	Amendments Act of 1988. 161
247	247	(b) The task force shall conduct a review of statewide 162
248	248	zoning codes to determine the effect, if any, that local 163
249	249	regulations have on the ability of private sector licensed 164
250	250	service providers to provide modern, effective, evidence -based 165
251	251	treatment and ancillary therapeu tic housing to residents of this 166
252	252	state. 167
253	253	(5)(a) By December 31, 2024, the task force shall submit 168
254	254	to the Department of Children and Families a report of its 169
255	255	findings and recommendations, including any recommended 170
256	256	amendments to chapter 419, Florida Statute s. 171
257	257	(b) By June 30, 2025, the Department of Children and 172
258	258	Families shall submit a report of the task force's findings and 173
259	259	recommendations, and any additional findings and recommendations 174
260	260	made by the department, to the Governor, the President of the 175
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262	262	HB 1303 2023
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267	267	hb1303-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	Senate, and the Speaker of the House of Representatives. 176
274	274	(6) From July 1, 2023, until July 1, 2026, any recovery 177
275	275	residence certified by the approved credentialing entity 178
276	276	pursuant to s. 397.487, Florida Statutes, is exempt from state 179
277	277	or local zoning laws or ordi nances, including the requirements 180
278	278	of chapter 419, Florida Statutes, which do not apply to all 181
279	279	other single-family and multifamily dwellings. 182
280	280	(7) This section expires July 1, 2026. 183
281	281	Section 4. This act shall take effect July 1, 2023. 184