HB 1583 2024
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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 use disorder treatment 2
services; creating s. 397.342, F.S.; creating the 3
Substance Use Disorder Housing Advisory Council; 4
providing legislative findings and intent; providing 5
for membership; requiring the University of South 6
Florida College of Public Health to assist the 7
advisory council in conducting a study to evaluate 8
national best practice standards for specified 9
purposes; providing for funding of the study; 10
requiring the advisory council to conduct a review of 11
statewide zoning codes for specified purposes; 12
providing for reports by specified dates; providing 13
for future repeal; amending s. 397.305, F.S.; revising 14
and providing legislative findings and intent; 15
authorizing addiction treatment services to be 16
provided through for -profit providers; amending s. 17
397.487, F.S.; providing that the certification of 18
recovery residences that meet specified standards 19
protects certain per sons; requiring certain recovery 20
residences to keep specified records confidential; 21
prohibiting a local law, ordinance, or regulation from 22
regulating the duration or frequency of resident stay 23
at certain recovery residences; providing 24
applicability; provid ing an effective date. 25
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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
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Section 397.342, Florida Statutes, is created 29
to read: 30
397.342 Substance Use Disorder Housing Advisory Council. — 31
(1) The Substance Use Disorder Housin g Advisory Council, 32
an advisory council as defined in s. 20.03(7), is created within 33
the department. 34
(a) The Legislature finds that the state has a legitimate 35
interest in protecting persons in recovery residences by 36
requiring such homes to meet national best practice standards. 37
(b) The Legislature intends for this advisory council to 38
ensure state standards for recovery residences conform to 39
national best practice standards to the greatest extent possible 40
and to study local governmental obstructions to a chieving these 41
national best practice standards through zoning regulations. 42
(2) Except as otherwise provided in this section, the 43
advisory council shall operate in accordance with s. 20.052. 44
(3) The advisory council shall be composed of seven 45
members, to be appointed for staggered terms of not more than 4 46
years, as follows: 47
(a) A representative of the Executive Office of the 48
Governor, appointed by the Governor. 49
(b) A member of the Senate, appointed by the President of 50
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the Senate. 51
(c) A member of the House of Representatives, appointed by 52
the Speaker of the House of Representatives. 53
(d) A representative from the department, appointed by the 54
Governor. 55
(e) A representative from the Agency for Health Care 56
Administration, appointed by the Governor. 57
(f) A representative of the Florida Association of 58
Recovery Residences, appointed by the Governor. 59
(g) A representative of the Palm Beach County State 60
Attorney Addiction Recovery Task Force, appointed by the 61
Governor. 62
(4) The advisory council shall a ppoint a chair and vice 63
chair from the members of the council and shall meet at least 64
monthly. 65
(5) Members of the advisory council shall serve without 66
compensation, but shall be entitled to necessary expenses 67
incurred in the discharge of their duties. 68
(6)(a) The University of South Florida College of Public 69
Health shall assist the advisory council in conducting a study 70
to evaluate the national best practice standards from the 71
Substance Abuse and Mental Health Services Administration, with 72
the goal of removing obstacles to therapeutic housing within 73
this state to be in compliance with the Americans with 74
Disabilities Act of 1990, as amended, 42 U.S.C. ss. 12101 et 75
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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
seq., and the Fair Housing Amendments Act of 1988. Costs of 76
implementing the study shall be p aid by the department from 77
funds appropriated for this purpose. 78
(b) The advisory council shall also conduct a review of 79
statewide zoning codes to determine what effect, if any, local 80
laws have on the ability of private sector licensed service 81
providers to provide modern, evidence -based, effective treatment 82
and ancillary therapeutic housing to persons in this state. 83
(c) By June 1, 2027, the department, in conjunction with 84
the Agency for Health Care Administration, shall provide a 85
preliminary report based upon the findings and recommendations 86
of the advisory council to the Governor, the President of the 87
Senate, and the Speaker of the House of Representatives. 88
(d) By September 1, 2027, the advisory council shall 89
provide a final report based upon the findi ngs and 90
recommendations of the advisory council to the Governor, the 91
President of the Senate, and the Speaker of the House of 92
Representatives. 93
(7) This section is repealed September 1, 2027, unless 94
reviewed and saved from repeal by the Legislature. 95
Section 2. Section 397.305, Florida Statutes, is amended 96
to read: 97
397.305 Legislative findings, intent, and purpose. — 98
(1)(a) Addiction Substance abuse is a major health problem 99
that affects multiple service systems and leads to such 100
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profoundly disturbin g consequences as serious impairment, 101
chronic addiction, criminal behavior, vehicular casualties, 102
spiraling health care costs, AIDS, and business losses, and 103
significantly affects the culture, socialization, and learning 104
ability of children within our scho ols and educational systems. 105
Addiction Substance abuse impairment is a disease which affects 106
the whole family and the whole society and requires a system of 107
care that includes prevention, intervention, clinical treatment, 108
and recovery support services , including recovery residences, 109
that support and strengthen the family unit. Further, it is the 110
intent of the Legislature to require the collaboration of state 111
agencies, service systems, and program offices to achieve the 112
goals of this chapter and address the needs of the public; to 113
establish a comprehensive system of care for substance use 114
disorder abuse; and to reduce duplicative requirements across 115
state agencies. This chapter is designed to provide for public 116
and private substance use disorder treatment abuse services. 117
(b) The Legislature finds that addiction treatment 118
services are a fully integrated part of the private and public 119
health care system. Further, the Legislature finds that service 120
providers licensed under this chapter and community housing 121
certified under this chapter are deemed a necessary part of the 122
private and public health care system. The Legislature intends 123
to identify and remove barriers that prevent coordinated health 124
care between medical and clinical providers to persons with 125
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substance use disorders. 126
(2) It is the goal of the Legislature to educate the 127
public about the negative consequences of discourage substance 128
use disorders abuse by promoting healthy lifestyles; healthy 129
families; and drug-free schools, workplaces, and communities . 130
(3) It is the purpose of this chapter to provide for a 131
comprehensive continuum of accessible and quality addiction 132
substance abuse prevention, intervention, clinical treatment, 133
and recovery support services in the least restrictive 134
environment which pr omotes long-term recovery while protecting 135
and respecting the rights of individuals , primarily through for-136
profit providers and community-based private not-for-profit 137
providers working with local governmental programs involving a 138
wide range of agencies from both the public and private sectors. 139
(4) It is the intent of the Legislature that licensed, 140
qualified health professionals be authorized to practice to the 141
full extent of their education and training in the performance 142
of professional functions nece ssary to carry out the intent of 143
this chapter. 144
(5) It is the intent of the Legislature to establish 145
expectations that services provided to persons in this state use 146
national best practice standards and the coordination-of-care 147
principles characteristic o f recovery-oriented services and 148
include social support services, such as housing support, life 149
skills and vocational training, and employment assistance 150
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necessary for persons who have substance use disorders or co -151
occurring substance use and mental health disorders to live 152
successfully in their communities. 153
(6) It is the intent of the Legislature to ensure within 154
available resources a full system of care for substance use 155
disorder treatment abuse services based on identified needs, 156
delivered without disc rimination and with adequate provision for 157
specialized needs. 158
(7) It is the intent of the Legislature to establish 159
services for persons who have individuals with co-occurring 160
substance use abuse and mental health disorders. 161
(8) It is the intent of the Legislature to provide an 162
alternative to criminal imprisonment for substance abuse 163
impaired adults and juvenile offenders by encouraging the 164
referral of such offenders to service providers not generally 165
available within the juvenile justice and correctiona l systems, 166
instead of or in addition to criminal penalties. 167
(9) It is the intent of the Legislature to provide, within 168
the limits of appropriations and safe management of the juvenile 169
justice and correctional systems, addiction treatment substance 170
abuse services to substance abuse impaired offenders who are 171
placed by the Department of Juvenile Justice or who are 172
incarcerated within the Department of Corrections, in order to 173
better enable these offenders or inmates to adjust to the 174
conditions of society pr esented to them when their terms of 175
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placement or incarceration end. 176
(10) It is the intent of the Legislature to provide for 177
assisting substance abuse impaired persons primarily through 178
health and other rehabilitative services in order to relieve the 179
police, courts, correctional institutions, and other criminal 180
justice agencies of a burden that interferes with their ability 181
to protect people, apprehend offenders, and maintain safe and 182
orderly communities. 183
(11) It is the intent of the Legislature that the freedom 184
of religion of all citizens shall be inviolate. Nothing in This 185
act does not shall give any governmental entity jurisdiction to 186
regulate religious, spiritual, or ecclesiastical services. 187
Section 3. Subsection (1) of section 397.487, Florida 188
Statutes, is amended, and subsections (13) and (14) are added to 189
that section, to read: 190
397.487 Voluntary certification of recovery residences. — 191
(1) The Legislature finds that a person suffering from 192
addiction has a higher success rate of achieving long -lasting 193
sobriety when given the opportunity to build a stronger 194
foundation by living in a recovery residence while receiving 195
treatment or after completing treatment. The Legislature further 196
finds that this state and its subdivisions have a legitimate 197
state interest in protecting these persons, who represent a 198
vulnerable consumer population in need of adequate housing , 199
through the certification of recovery residences that meet 200
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national best practice standards . It is the intent of the 201
Legislature to protect p ersons who reside in a recovery 202
residence. 203
(13) A recovery residence classified by the credentialing 204
entity as a Level IV residence shall be governed by s. 205
397.501(7) regarding the right to confidentiality of individual 206
records. 207
(14) A local law, ordin ance, or regulation may not 208
regulate the duration or frequency of resident stay in a 209
certified recovery residence in areas where multifamily uses are 210
allowed. This subsection does not apply to any local law, 211
ordinance, or regulation adopted on or before Ja nuary 1, 2024. 212
Section 4. This act shall take effect July 1, 2024. 213