Florida 2025 2025 Regular Session

Florida House Bill H1163 Comm Sub / Bill

Filed 04/09/2025

                       
 
CS/CS/HB 1163  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to certified recovery residences; 2 
amending s. 397.487, F.S.; providing that certain 3 
certified recovery residences are deemed a 4 
nontransient residential use of land for a specified 5 
purpose; prohibiting a local law, ordinance, or 6 
regulation from prohibiting or regulating a recovery 7 
residence in a multifamily structure; requiring a 8 
municipality or county to allow certain certified 9 
recovery residences in specified zoned districts 10 
without the need to obtain changes in certain zoning 11 
or land use; authorizing a municipality or county to 12 
deny the establishment of a Level IV certified 13 
recovery residence for a specified use under certain 14 
circumstances; defining the term "adjacent to"; 15 
providing applicability; amending s. 397.4871, F.S.; 16 
revising and providing requirements for the personnel -17 
to-resident ratio for a Level IV certified recovery 18 
residence; providing an effective date. 19 
 20 
Be It Enacted by the Legislature of the State of Florida: 21 
 22 
 Section 1.  Subsection (15) is added to section 397.487, 23 
Florida Statutes, to read: 24 
 397.487  Voluntary certification of recovery residences. — 25     
 
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 (15)(a)  A certified recovery residence that does not 26 
occupy a community or structure that is governed by a 27 
condominium association under chapter 718, or which fully 28 
occupies a community or structure that is governed by a 29 
condominium association under chapter 718, is deemed a 30 
nontransient residential use of land for purposes of all local 31 
zoning ordinances. A local law, ordinance, or regulation may not 32 
prohibit certified recovery residences or regulate the duration 33 
or frequency of use of a certified recovery residence in a 34 
multifamily structure. 35 
 (b)  A municipality or county must allow the establishment 36 
of a certified recovery residence in all districts zoned 37 
multifamily residential as an allowable use and must allow a 38 
structure originally constructed and permitted for multifamily 39 
purposes to be used as a certified recovery re sidence, allowing 40 
up to two residents per bedroom, without obtaining a zoning or a 41 
land use change, a special exception, a conditional use 42 
approval, a variance, or a comprehensive plan amendment for the 43 
zoning and densities authorized under this subsection . 44 
 (c)  A municipality or county may deny the establishment of 45 
a Level IV certified recovery residence if the proposed use is 46 
adjacent to, or on two or more sides of, a parcel zoned for 47 
single-family residential use and is within a single -family 48 
residential development with at least 25 contiguous single -49 
family homes. For the purposes of this paragraph, the term 50     
 
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"adjacent to" means those properties sharing more than one point 51 
of a property line, but the term does not include properties 52 
separated by a public road.  53 
 (d)  This subsection applies to certified recovery 54 
residence providers that were voluntarily certified by the 55 
credentialing entity as described in s. 397.487 on or before 56 
July 1, 2025. 57 
 Section 2.  Paragraph (c) of subsection (8) of section 58 
397.4871, Florida Statutes, is amended to read: 59 
 397.4871  Recovery residence administrator certification. — 60 
 (8) 61 
 (c)  Notwithstanding paragraph (b), a Level IV certified 62 
recovery residence operating as community housing as defined in 63 
s. 397.311(9), which resid ence is actively managed by a 64 
certified recovery residence administrator approved for 100 65 
residents under this section and is wholly owned or controlled 66 
by a licensed service provider, may : 67 
 1. Actively manage up to 150 residents so long as the 68 
licensed service provider maintains a service provider 69 
personnel-to-patient ratio of 1 to 8 and maintains onsite 70 
supervision at the residence during times when residents are at 71 
the residence 24 hours a day, 7 days a week, with a personnel-72 
to-resident ratio of 1 to 1 0. 73 
 2.  Actively manage up to 500 residents so long as the 74 
licensed service provider maintains a service provider 75     
 
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personnel-to-patient ratio of 1 to 8 and maintains onsite 76 
supervision at the residence during times when residents are at 77 
the residence with a personnel-to-resident ratio of 1 to 6. 78 
 79 
A certified recovery residence administrator who has been 80 
removed by a certified recovery residence due to termination, 81 
resignation, or any other reason may not continue to actively 82 
manage more than 50 residents for another service provider or 83 
certified recovery residence without being approved by the 84 
credentialing entity. 85 
 Section 3. This act shall take effect July 1, 2025. 86