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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
A bill to be entitled 1
An act relating to substance abuse treatment; amending 2
s. 212.02, F.S.; eliminating certain tax liabilities 3
imposed on certified recovery residences; amending s. 4
397.311, F.S.; providing the levels of care at 5
certified recovery residences and their respective 6
levels of care for residents; amending s. 397.321, 7
F.S.; requiring the Department of Children and 8
Families to display and make available on its website 9
certain information pertaining to service providers 10
and recovery residences by a specified date; requiring 11
the department to display on its website certain 12
documents pertaining to service providers; amending s. 13
397.335, F.S.; revising the membership of the 14
Statewide Council on Opioid Abatement to include 15
additional members; amending s. 397.487, F.S.; 16
extending the deadline for certified recovery 17
residences to retain a replacement for a certified 18
recovery residence administrator who has been removed 19
from his or her position; authorizing, rather than 20
requiring, the credentialing entity to revoke the 21
certificate of compliance if a certified recovery 22
residence fails to meet specified standards; requiring 23
certified recovery residences to remove certain 24
individuals from their positions if they are arrested 25
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and awaiting disposition for, are found guilty of, or 26
enter a plea of guilty or nolo contendere to certain 27
offenses, regardless if adjudication is withheld; 28
requiring the certified recovery residence to retain a 29
certified recovery residence administrator if the 30
previous certified recovery residence administrator 31
has been removed due to any reason; prohibiting 32
certified recovery residences, on or after a specified 33
date, from denying an individual access to housing 34
solely for being prescribed federally approved 35
medications from licensed health care professionals; 36
prohibiting local laws, ordinances, or regulations 37
adopted on or after a specified date from regulating 38
the duration or frequency of a resident's stay in a 39
certified recovery residence in certain zoning 40
districts; providing applicability; amending s. 41
397.4871, F.S.; authorizing, rather than requiring, 42
credentialing entities to revoke a certificate of 43
compliance if a recovery residence fails to meet 44
specified standards; authorizing certain Level IV 45
certified recovery residences owned or controlled by a 46
licensed service provider and managed by a certified 47
recovery residence administrator approved for a 48
specified number of residents to manage a specified 49
greater number of residents, provided that certain 50
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criteria are met; prohibiting a certified recovery 51
residence administrator who has been removed by a 52
certified recovery residence from taking on certain 53
other management positions without approval from a 54
credentialing entity; defines the term "community 55
housing"; providing an effective date. 56
57
Be It Enacted by the Legislature of the State of Florida: 58
59
Section 1. Paragraph (k) is added to subsection (10) of 60
section 212.02, Florida Statutes, to read: 61
212.02 Definitions. —The following terms and phrases when 62
used in this chapter have the meanings ascribed to them in this 63
section, except where the context clearly indicates a different 64
meaning: 65
(10) "Lease," "let, " or "rental" means leasing or renting 66
of living quarters or sleeping or housekeeping accommodations in 67
hotels, apartment houses, roominghouses, tourist or trailer 68
camps and real property, the same being defined as follows: 69
(k) For purposes of this chapt er, recovery residences 70
certified pursuant to s. 397.487 which rent properties are not 71
subject to any taxes imposed on transient accommodations, 72
including taxes imposed under s. 212.03; any locally imposed 73
discretionary sales surtax or any convention devel opment tax 74
imposed under s. 212.0305; any tourist development tax imposed 75
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under s. 125.0104; or any tourist impact tax imposed under s. 76
125.0108. 77
Section 2. Subsection (5) of section 397.311, Florida 78
Statutes, is amended to read: 79
397.311 Definitions. —As used in this chapter, except part 80
VIII, the term: 81
(5) "Certified recovery residence" means a recovery 82
residence that holds a valid certificate of compliance and is 83
actively managed by a certified recovery residence 84
administrator. The levels of care w ithin a certified recovery 85
residence are as follows: 86
(a) Level I recovery residences that house individuals in 87
recovery who are post -treatment, with a minimum of 9 months of 88
sobriety. Level I certified homes are democratically run by the 89
members who reside in the home. 90
(b) Level II recovery residences encompass the traditional 91
perspectives of sober living homes. There is oversight from a 92
house manager with lived experience, typically a senior 93
resident. Residents are expected to follow rules outlined in a 94
resident handbook, pay dues, if applicable, and work toward 95
achieving milestones within a chosen recovery path. 96
(c) Level III recovery residences offer higher supervision 97
by staff with formal training to ensure resident accountability. 98
These homes offer peer-support services and are staffed 24 hours 99
a day. Clinical services are not performed at the residence. The 100
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services offered may include, but are not limited to, life skill 101
mentoring, recovery planning, and meal preparation. This support 102
structure is most appropriate for residents who require a more 103
structured environment during early recovery from addiction. 104
(d) A Level IV certified recovery residence are dwellings 105
offered, referred to, or provided by, a licensed service 106
provider to its patients wh o are required to reside at the 107
residence while receiving intensive outpatient and higher levels 108
of outpatient care. Level IV recovery residences are staffed 24 109
hours a day and combine outpatient licensable services with 110
recovery residential living. Reside nts are required to follow a 111
treatment plan, attend group and individual sessions, in 112
addition to developing a recovery plan within the social model 113
of recovery spectrum. No clinical services are provided at the 114
residence and all licensable services are pr ovided off-site. 115
Section 3. Subsection (20) is added to section 397.321, 116
Florida Statutes, to read: 117
397.321 Duties of the department. —The department shall: 118
(20) Prominently display and make available on its website 119
no later than January 1, 2025, all documents in the department's 120
Provider Licensure and Designations System pertaining to the 121
following: 122
(a) Service provider applications for licensure and 123
license renewal. 124
(b) Policies and procedures provided by the de partment to 125
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an applicant for service provider licensure or license renewal. 126
(c) The name and location of each recovery residence 127
engaged in a referral relationship with a licensed service 128
provider or service provider applicant, as required under ss. 129
397.4104 and 397.403(1)(j). 130
(d) All complaints pertaining to service providers 131
received by the department, and all investigative reports and 132
findings, whether founded or unfounded. Complainant names and 133
other identifying information shall be redacted. 134
(e) Fines assessed for violations pursuant to ss. 135
397.411(7), 397.4104(2), and 397.4873(7). 136
(f) All reports or other documentation pertaining to 137
service provider license suspension or revocation. 138
(g) All inspection reports for service provider licenses 139
and recovery residences. 140
Section 4. Paragraph (a) of subsection (2) of section 141
397.335, Florida Statutes, is amended to read: 142
397.335 Statewide Council on Opioid Abatement. — 143
(2) MEMBERSHIP.— 144
(a) Notwithstanding s. 20.052, the council shall be 145
composed of the following members: 146
1. The Attorney General, or his or her designee, who shall 147
serve as chair. 148
2. The secretary of the department, or his or her 149
designee, who shall serve as vice chair. 150
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3. One member appointed by the Governor. 151
4. One member appointed by the President of the Senate. 152
5. One member appointed by the Speaker of the House of 153
Representatives. 154
6. Two members appointed by the Florida League of Cities 155
who are commissioners or mayors of municipalities. One member 156
shall be from a municipality with a population of fewer than 157
50,000 people. 158
7. Two members appointed by or through the Florida 159
Association of Counties who are county commissioners or mayors. 160
One member shall be appointed from a county with a population of 161
fewer than 200,000, and one member shall be appointed from a 162
county with a population of more than 200,000. 163
8. One member who is either a county commissioner or 164
county mayor appointed by the Florida Association of Counties or 165
who is a commissioner or mayor of a municip ality appointed by 166
the Florida League of Cities. The Florida Association of 167
Counties shall appoint such member for the initial term, and 168
future appointments must alternate between a member appointed by 169
the Florida League of Cities and a member appointed by the 170
Florida Association of Counties. 171
9. Two members appointed by or through the State Surgeon 172
General. One shall be a staff member from the department who has 173
experience coordinating state and local efforts to abate the 174
opioid epidemic, and one shall be a licensed physician who is 175
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board certified in both addiction medicine and psychiatry. 176
10. One member appointed by the Florida Association of 177
Recovery Residences. 178
11. One member appointed by the Florida Association of EMS 179
Medical Directors. 180
12. One member appointed by the Florida Society of 181
Addiction Medicine who is a medical doctor board certified in 182
addiction medicine. 183
13. One member appointed by the Florida Behavioral Health 184
Association. 185
14. One member appointed by Floridians for Recovery. 186
15. One member appointed by the Florida Certification 187
Board. 188
Section 5. Present paragraphs (c), (d), and (e) of 189
subsection (8) of section 397.487, Florida Statutes, are 190
redesignated as subsections (d), (e), and (f), respectively, and 191
amended, a new paragraph (c) is added to that subsection, 192
subsections (13) and (14) are added to that section, and 193
paragraph (b) of subsection (8) of that section is amended, to 194
read: 195
397.487 Voluntary certification of recovery residences. — 196
(8) Onsite followup monitoring of a certified recovery 197
residence may be conducted by the credentialing entity to 198
determine continuing compliance with certification requirements. 199
The credentialing entity shall inspect each certified recovery 200
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residence at least annually to ensure compliance. 201
(b) A certified recovery residence must notify the 202
credentialing entity within 3 business days after the removal of 203
the recovery residence's certified recovery residence 204
administrator due to termination, resignation, o r any other 205
reason. The certified recovery residence has 90 30 days to 206
retain a certified recovery residence administrator. The 207
credentialing entity shall revoke the certificate of compliance 208
of any certified recovery residence that fails to comply with 209
this paragraph. 210
(c) If a certified recovery residence's administrator has 211
been removed due to termination, resignation, or any other 212
reason and had been previously approved to actively manage more 213
than 50 residents pursuant to s. 397.4871(8)(b), the certif ied 214
recovery residence has 90 days to retain another certified 215
recovery residence administrator pursuant to that section. The 216
credentialing entity shall revoke the certificate of compliance 217
of any certified recovery residence that fails to comply with 218
this paragraph. 219
(d)(c) If any owner, director, or chief financial officer 220
of a certified recovery residence is arrested and awaiting 221
disposition for or found guilty of, or enters a plea of guilty 222
or nolo contendere to, regardless of whether adjudication is 223
withheld, any offense listed in s. 435.04(2) while acting in 224
that capacity, the certified recovery residence must shall 225
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immediately remove the person from that position and shall 226
notify the credentialing entity within 3 business days after 227
such removal. The credentialing entity shall revoke the 228
certificate of compliance of a certified recovery residence that 229
fails to meet these requirements. 230
(e)(d) A credentialing entity shall revoke a certified 231
recovery residence's certificate of compliance if the certified 232
recovery residence provides false or misleading information to 233
the credentialing entity at any time. 234
(f)(e) Any decision by a department -recognized 235
credentialing entity to deny, revoke, or suspend a 236
certification, or otherwise impose sanctions on a certified 237
recovery residence, is reviewable by the department. Upon 238
receiving an adverse determination, the certified recovery 239
residence may request an administrative hearing pursuant to ss. 240
120.569 and 120.57(1) within 30 days after completing any 241
appeals process offered by the credentialing entity or the 242
department, as applicable. 243
(13) Effective January 1, 2025, a recovery residence may 244
not deny an individual access to housing solely on the basis 245
that he or she has been prescribed federally approve d medication 246
that assists with treatment for substance use disorders by a 247
licensed physician, a physician's assistant, or an advanced 248
practice registered nurse registered under s. 464.0123. 249
(14) A local law, ordinance, or regulation may not 250
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regulate the duration or frequency of a resident's stay in a 251
certified recovery residence located within a multifamily zoning 252
district. This subsection does not apply to any local law, 253
ordinance, or regulation adopted on or before February 1, 2024. 254
Section 6. Paragraphs (b) and (c) of subsection (6) of 255
section 397.4871, Florida Statutes, are amended, and paragraph 256
(c) is added to subsection (8) of that section, to read: 257
397.4871 Recovery residence administrator certification. — 258
(6) The credentialing entity shall issue a certificate of 259
compliance upon approval of a person's application. The 260
certification shall automatically terminate 1 year after 261
issuance if not renewed. 262
(b) If a certified recovery residence administrator of a 263
recovery residence is arrested and awaiting disposition for or 264
found guilty of, or enters a plea of guilty or nolo contendere 265
to, regardless of whether adjudication is withheld, any offense 266
listed in s. 435.04(2) while acting in that capacity, the 267
certified recovery residence must shall immediately remove the 268
person from that position and shall notify the credentialing 269
entity within 3 business days after such removal. The certified 270
recovery residence shall have 30 days to retain a certified 271
recovery residence administrator within 90 days after such 272
removal. The credentialing entity shall revoke the certificate 273
of compliance of any recovery residence that fails to meet these 274
requirements. 275
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(c) A credentialing entity may shall revoke a certified 276
recovery residence administrator's certificate of compliance if 277
the recovery residence administrator provides false or 278
misleading information to the credentialing entity at any time. 279
(8) 280
(c) Notwithstanding paragraph (b), a Level IV certified 281
recovery residence with a community housing component, whic h 282
residence is actively managed by a certified recovery residence 283
administrator approved for 100 residents under this section and 284
is wholly owned or controlled by a licensed service provider, 285
may actively manage up to 150 residents so long as the licensed 286
service provider maintains a service provider personnel -to-287
patient ratio of 1 to 8 and maintains onsite supervision at the 288
residences 24 hours a day, 7 days a week, with a personnel -to-289
resident ratio of 1 to 10. A certified recovery residence 290
administrator who has been removed by a certified recovery 291
residence due to termination, resignation, or any other reason 292
may not continue to actively manage more than 50 residents for 293
another service provider or certified recovery residence without 294
being approved by the credentialing entity. For purposes of this 295
paragraph, the term "community housing" means a certified 296
recovery residence offered, referred to, or provided by, a 297
licensed service provider that provides housing to its patients 298
who are required to reside at the residence while receiving 299
intensive outpatient and higher levels of outpatient care. A 300
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certified recovery residence as defined in s. 397.311(5) used by 301
a licensed service provider that meets the definition of 302
community housing shall be classified as a Level IV level of 303
support,. 304
Section 7. This act shall take effect July 1, 2024. 305