The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services
BILL: CS/SB 954
INTRODUCER: Community Affairs Committee and Senator Gruters
SUBJECT: Certified Recovery Residences
DATE: April 14, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Fav/CS
2. Sneed McKnight AHS Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 954 relates to recovery residences certified before July 1, 2025. Specifically, the bill:
• Limits the ability of local governments to bar those certified recovery residences from
operating in multifamily structures;
• Requires local governments to treat those recovery residences as a non-transient residential
use of land under local zoning ordinances; and
• Prohibits local governments from regulating the duration or frequency of use of those
certified recovery residences in a multifamily structure.
For certain Level IV certified recovery residences, the bill also eliminates staffing requirements
when patients are not present, and increases the number of residents that a recovery residence
administrator can oversee from 150 to 500 if the operator maintains a minimum 1:6 personnel-to-
resident ratio when residents are present.
The bill has no fiscal impact on state revenues or expenditures. See Section V., Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
REVISED: BILL: CS/SB 954 Page 2
II. Present Situation:
Substance abuse is the harmful or hazardous use of psychoactive substances, including alcohol
and illicit drugs.
1
According to the Diagnostic and Statistical Manual of Mental Disorders, Fifth
Edition (DSM-5), a diagnosis of substance use disorder (SUD) is based on evidence of impaired
control, social impairment, risky use, and pharmacological criteria.
2
SUD occurs when an
individual chronically uses alcohol or drugs, resulting in significant impairment, such as health
problems, disability, and failure to meet major responsibilities at work, school, or home.
3
Repeated drug use leads to changes in the brain’s structure and function that can make a person
more susceptible to developing a substance abuse disorder.
4
Imaging studies of brains belonging
to persons with SUD reveal physical changes in areas of the brain critical to judgment, decision
making, learning and memory, and behavior control.
5
In 2021, approximately 46.3 million people aged 12 or older had a SUD related to corresponding
use of alcohol or illicit drugs within the previous year.
6
The most common substance abuse
disorders in the United States are from the use of alcohol, tobacco, cannabis, opioids,
hallucinogens, and stimulants. Provisional data from the CDC’s National Center for Health
Statistics indicate there were an estimated 107,622 drug overdose deaths in the United States
during 2021 (the last year for which there is complete data), an increase of nearly 15% from the
93,655 deaths estimated in 2020.
7
Substance Abuse Treatment in Florida
In the early 1970s, the federal government enacted laws creating formula grants for states to
develop continuums of care for individuals and families affected by substance abuse. The laws
resulted in separate funding streams and requirements for alcoholism and drug abuse. In response
to the laws, the Florida Legislature enacted chs. 396 and 397, F.S., relating to alcohol and drug
abuse, respectively.
8
Each of these laws governed different aspects of addiction, and thus had
different rules promulgated by the state to fully implement the respective pieces of legislation.
9
1
The World Health Organization, Mental Health and Substance Abuse, available at
https://www.who.int/westernpacific/about/how-we-work/programmes/mental-health-and-substance-abuse; (last visited
March 28, 2025); the National Institute on Drug Abuse (NIDA), The Science of Drug Use and Addiction: The Basics,
available at https://www.drugabuse.gov/publications/media-guide/science-drug-use-addiction-basics (last visited March 28,
2025).
2
The National Association of Addiction Treatment Providers, Substance Use Disorder, available at
https://www.naatp.org/resources/clinical/substance-use-disorder (last visited March 28, 2025).
3
Substance Abuse and Mental Health Services Administration (SAMHSA), Substance Use Disorders,
http://www.samhsa.gov/disorders/substance-use (last visited March 28, 2025).
4
The NIDA, Drugs, Brains, and Behavior: The Science of Addiction, available at
https://www.drugabuse.gov/publications/drugs-brains-behavior-science-addiction/drug-abuse-addiction (last visited March
28, 2025).
5
Id.
6
SAMHSA, Highlights for the 2021 National Survey on Drug Use and Health, p. 2, available at
https://www.samhsa.gov/data/sites/default/files/2022-12/2021NSDUHFFRHighlights092722.pdf (last visited March 28,
2025).
7
The Center for Disease Control and Prevention, National Center for Health Statistics, U.S. Overdose Deaths In 2021
Increased Half as Much as in 2020 – But Are Still Up 15%, available at
https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/202205.htm (last visited March 28, 2025).
8
Id.
9
Id. BILL: CS/SB 954 Page 3
However, because persons with substance abuse issues often do not restrict their misuse to one
substance or another, having two separate laws dealing with the prevention and treatment of
addiction was cumbersome and did not adequately address Florida’s substance abuse problem.
10
In 1993, legislation was adopted to combine ch. 396 and 397, F.S., into a single law, the Hal S.
Marchman Alcohol and Other Drug Services Act (Marchman Act).
11
The Marchman Act encourages individuals to seek services on a voluntary basis within the
existing financial and space capacities of a service provider.
12
However, denial of addiction is a
prevalent symptom of SUD, creating a barrier to timely intervention and effective treatment.
13
As a result, treatment typically must stem from a third party providing the intervention needed
for SUD treatment.
14
The Department of Children and Families (DCF) administers a statewide system of safety net
services for substance abuse and mental health (SAMH) prevention, treatment, and recovery for
children and adults who are otherwise unable to obtain these services. Services are provided
based upon state and federally established priority populations.
15
The DCF provides treatment
for SUD through a community-based provider system offering detoxification, treatment, and
recovery support for individuals affected by substance misuse, abuse, or dependence.
16
• Detoxification Services: Detoxification services use medical and clinical procedures to
assist individuals and adults as they withdraw from the physiological and psychological
effects of substance abuse.
17
• Treatment Services: Treatment services
18
include a wide array of assessment, counseling,
case management, and support that are designed to help individuals who have lost their
ability to control their substance use on their own and require formal, structured intervention
and support.
19
• Recovery Support: Recovery support services, including transitional housing, life skills
training, parenting skills, and peer-based individual and group counseling are offered during
10
The Center for Disease Control and Prevention, National Center for Health Statistics, U.S. Overdose Deaths In 2021
Increased Half as Much as in 2020 – But Are Still Up 15%, available at
https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/202205.htm (last visited March 28, 2025).
11
Chapter 93-39, s. 2, L.O.F., which codified current ch. 397, F.S.
12
See s. 397.601(1) and (2), F.S. An individual who wishes to enter treatment may apply to a service provider for voluntary
admission. Within the financial and space capabilities of the service provider, the individual must be admitted to treatment
when sufficient evidence exists that he or she is impaired by substance abuse and his or her medical and behavioral
conditions are not beyond the safe management capabilities of the service provider.
13
Darran Duchene and Patrick Lane, Fundamentals of the Marchman Act, Risk RX, Vol. 6 No. 2 (Apr. – Jun. 2006) State
University System of Florida Self-Insurance Programs, available at http://flbog.sip.ufl.edu/risk-rx-article/fundamentals-of-
the-marchman-act/ (last visited March 28, 2025) (hereinafter cited as “Fundamentals of the Marchman Act”).
14
Id.
15
See chs. 394 and 397, F.S.
16
The Department of Children and Families, Treatment for Substance Abuse, available at
https://www.myflfamilies.com/services/samh/treatment (last visited March 28, 2025).
17
Id.
18
Id. Research indicates that persons who successfully complete substance abuse treatment have better post-treatment
outcomes related to future abstinence, reduced use, less involvement in the criminal justice system, reduced involvement in
the child-protective system, employment, increased earnings, and better health.
19
Id. BILL: CS/SB 954 Page 4
and following treatment to further assist individuals in their development of the knowledge
and skills necessary to maintain their recovery.
20
Day or Night Treatment with Community Housing
The DCF licenses “Day or Night Treatment” facilities both with and without community housing
components. Day or night treatment programs provide substance use treatment as a service in a
nonresidential environment, with a structured schedule of treatment and rehabilitative services.
21
Day or night treatment programs with community housing are intended for individuals who can
benefit from living independently in peer community housing while participating in treatment
services for a minimum of 5 hours a day or 25 hours per week.
22
Day or night treatment with community housing is appropriate for individuals who do not require
structured, 24 hours a day, 7 days a week residential treatment.
23
The housing must be provided
and managed by the licensed service provider, including room and board and any ancillary
services such as supervision, transportation, and meals. Activities for day or night treatment with
community housing programs emphasize rehabilitation and treatment services using
multidisciplinary teams to provide integration of therapeutic and family services.
24
This
component allows individuals to live in a supportive, community housing location while
participating in treatment. Treatment must not take place in the housing where the individuals
live, and the housing must be utilized solely for the purpose of assisting individuals in making a
transition to independent living.
25
Individuals who are considered appropriate for this level of
care:
• Would not have active suicidal or homicidal ideation or present a danger to self or others;
• Are able to demonstrate motivation to work toward independence;
• Are able to demonstrate a willingness to live in supportive community housing;
• Are able to demonstrate commitment to comply with rules established by the provider;
• Are not in need of detoxification or residential treatment; and
• Typically need ancillary services such as transportation, assistance with shopping, or
assistance with medical referrals and may need to attend and participate in certain social and
recovery oriented activities in addition to other required clinical services.
26
Services provided by such programs may include:
• Individual counseling;
• Group counseling;
• Counseling with families or support system;
• Substance-related and recovery-focused education, such as strategies for avoiding substance
use or relapse, information regarding health problems related to substance use, motivational
enhancement, and strategies for achieving a substance-free lifestyle;
20
The Department of Children and Families, Treatment for Substance Abuse, available at
https://www.myflfamilies.com/services/samh/treatment (last visited March 28, 2025).
21
Section 397.311(26)(a)2., F.S.
22
Section 397.311(26)(a)3., F.S.
23
Rule 65D-30.0081(1), F.A.C.
24
Id.
25
Id.
26
Id. BILL: CS/SB 954 Page 5
• Life skills training such as anger management, communication skills, employability skills,
problem solving, relapse prevention, recovery management, decision-making, relationship
skills, symptom management, and food purchase and preparation;
• Expressive therapies, such as recreation therapy, art therapy, music therapy, or dance
(movement) therapy to provide the individual with alternative means of self-expression and
problem resolution;
• Training or provision of information regarding health and medical issues;
• Employment or educational support services to assist individuals in becoming financially
independent;
• Nutrition education; and
• Mental health services for the purpose of:
o Managing individuals with disorders who are stabilized,
o Evaluating individuals’ needs for in-depth mental health assessment,
o Training individuals to manage symptoms; and
o If the provider is not staffed to address primary mental health problems that may arise
during treatment, the provider shall initiate a timely referral to an appropriate provider for
mental health crises or for the emergence of a primary mental health disorder in
accordance with the provider’s policies and procedures.
27
Each enrolled individual must receive a minimum of 25 hours of service per week, including:
• Counseling;
• Group counseling; or
• Counseling with families or support systems.
28
Each provider is required to arrange for or provide transportation services, if needed and as
appropriate, to clients who reside in community housing.
29
Each provider must have an awake,
paid employee on the premises at all times at the treatment location when one or more
individuals are present.
30
For adults, the provider must have a paid employee on call during the
time when individuals are at the community housing location.
31
In addition, the provider must
have an awake, paid employee at the community housing location at all times if individuals
under the age of 18 are present.
32
No primary counselor may have a caseload that exceeds 15
individuals.
33
For individuals in treatment who are granted privilege to self-administer their own
medications, provider staff are not required to be present for the self-administration.
34
Recovery Residences
Recovery residences (also known as “sober homes” or “sober living homes”) are alcohol- and
drug-free living environments for individuals in recovery who are attempting to maintain
27
Rule 65D-30.0081(2), F.A.C.
28
Rule 65D-30.0081(4), F.A.C.
29
Rule 65D-30.0081(5), F.A.C.
30
Rule 65D-30.0081(6), F.A.C.
31
Id.
32
Id.
33
Rule 65D-30.0081(7), F.A.C.
34
Rule 65D-30.0081(8), F.A.C. BILL: CS/SB 954 Page 6
abstinence from alcohol and drugs.
35
These residences offer no formal treatment and are, in some
cases, self-funded through resident fees.
A recovery residence is defined as “a residential dwelling unit, the community housing
component of a licensed day or night treatment facility with community housing, or other form
of group housing, which is offered or advertised through any means, including oral, written,
electronic, or printed means, by any person or entity as a residence that provides a peer-
supported, alcohol-free, and drug-free living environment.”
36
Staffing Requirements for Certified Recovery Residences
A certified recovery residence administrator (CRAA) may actively manage up to 50 residents at
any given time, though may manage up to 100 residents if written justification is provided to,
and approved by, the credentialing entity as to how the administrator is able to effectively and
appropriately respond to the needs of the residents, maintain residence standards, and meet the
residence certification requirements.
37
CRRAs at certain Level IV certified recovery residences
(those operating as community housing as defined in s. 397.311(9), F.S., which residence is
actively managed by a certified recovery residence administrator approved for 100 residents
under this section and is wholly owned or controlled by a licensed service provider) are allowed
to actively manage up to 150 residents provided certain conditions are met:
• Maintains a personnel-to-patient ratio of 1 to 8;
• Maintains onsite supervision at the residence 24 hours a day, 7 days a week; and
• Has a personnel-to-resident ratio of 1 to 10.
38
Recovery Residence Levels of Support
Section 397.311(5), F.S., establishes a four level-classification of certified recovery residences,
including:
• Level I—houses individuals in recovery who have completed treatment, with a minimum of
9 months of sobriety. A Level I certified recovery residence is democratically run by the
members who reside in the home.
• Level II—encompasses the traditional perspectives of sober living homes. There is oversight
from a house manager who has experience with living in recovery. Residents are expected to
follow rules outlined in a resident handbook provided by the certified recovery residence
administrator. Residents must pay dues, if applicable, and work toward achieving realistic
and defined milestones within a chosen recovery path.
• Level III—offers higher supervision by staff with formal training to ensure resident
accountability. Such residences are staffed 24 hours a day, 7 days a week, and offer residents
peer-support services, which may include, but are not limited to, life skill mentoring,
recovery planning, and meal preparation. Clinical services may not be performed at the
residence. Such residences are most appropriate for persons who require a more structured
environment during early recovery from addiction.
35
SAMSHA, Recovery Housing: Best Practices and Suggested Guidelines, p. 2, available at
https://www.samhsa.gov/sites/default/files/housing-best-practices-100819.pdf (last visited March 28, 2025).
36
Section 397.311(38), F.S.
37
Section 397.4871(6)(b), F.S.
38
Section 397.4871(8)(b) and (c), F.S. BILL: CS/SB 954 Page 7
• Level IV—is a residence offered, referred to, or provided by, a licensed service provider to
its patients who are required to reside at the residence while receiving intensive outpatient
and higher levels of outpatient care. Such residences are staffed 24 hours a day and combine
outpatient licensable services with recovery residential living. Residents are required to
follow a treatment plan and attend group and individual sessions, in addition to developing a
recovery plan within the social model of living in a sober lifestyle. No clinical services are
provided at the residence and all licensable services are provided offsite.
Voluntary Certification of Recovery Residences and Administrators in Florida
Florida has a voluntary certification programs for recovery residences and recovery residence
administrators, conducted by private credentialing entities.
39
Under the voluntary certification
program, the DCF has approved two credentialing entities to design the certification programs
and issue certificates: the Florida Association of Recovery Residences (FARR) certifies recovery
residences and the Florida Certification Board (FCB) certifies recovery residence
administrators.
40
Under the voluntary certification program, recovery residences are classified
into four levels of care, with Level IV being the most intense level.
41
Credentialing entities must require prospective recovery residences to submit the following
documents with a completed application and fee:
• A policy and procedures manual containing:
o Job descriptions for all staff positions;
o Drug-testing procedures and requirements;
o A prohibition on the premises against alcohol, illegal drugs, and the use of prescribed
medications by an individual other than the individual for whom the medication is
prescribed;
o Policies to support a resident’s recovery efforts; and
o A good neighbor policy to address neighborhood concerns and complaints.
• Rules for residents;
• Copies of all forms provided to residents;
• Intake procedures;
• Sexual predator and sexual offender registry compliance policy;
• Relapse policy;
• Fee schedule;
• Refund policy;
• Eviction procedures and policy;
• Code of ethics;
• Proof of insurance;
• Proof of background screening; and
• Proof of satisfactory fire, safety, and health inspections.
42
39
Sections 397.487 through 397.4872, F.S.
40
The Department of Children and Families, Recovery Residence Administrators and Recovery Residences, available at
https://www.myflfamilies.com/services/samh/recovery-residence-administrators-and-recovery-residences (last visited March
28, 2025).
41
Section 397.311, F.S., and sections 397.487 through 397.4873, F.S.
42
Section 397.487(3), F.S. BILL: CS/SB 954 Page 8
Patient Referrals
While certification is voluntary, Florida law incentivizes certification. Since 2016, Florida has
prohibited licensed substance abuse service providers from referring patients to a recovery
residence unless the recovery residence holds a valid certificate of compliance and is actively
managed by a certified recovery residence administrator (CRRA).
43
There are certain exceptions
that allow referrals to or from uncertified recovery residences, including any of the following:
• A licensed service provider under contract with a behavioral health managing entity.
• Referrals by a recovery residence to a licensed service provider when the recovery residence
or its owners, directors, operators, or employees do not benefit, directly or indirectly, from
the referral.
• Referrals made before July 1, 2018, by a licensed service provider to that licensed service
provider’s wholly owned subsidiary.
• Referrals to, or accepted referrals from, a recovery residence with no direct or indirect
financial or other referral relationship with the licensed service provider, and that is
democratically operated by its residents pursuant to a charter from an entity recognized or
sanctioned by Congress, and where the residence or any resident of the residence does not
receive a benefit, directly or indirectly, for the referral.
44
Service providers are required to record the name and location of each recovery residence that
the provider has referred patients to or received referrals from in the DCF Provider Licensure
and Designations System.
45
Prospective service providers must also include the names and
locations of any recovery residences which they plan to refer patients to, or accept patients from,
on their application for licensure.
46
Residences managed by a certified recovery residence administrator approved for up to 100
residents and wholly owned or controlled by a licensed service provider may accommodate up to
150 residents under certain conditions.
47
These conditions include maintaining a service provider
personnel-to-patient ratio of 1 to 8 and providing onsite supervision 24/7 with a personnel-to-
resident ratio of 1 to 10. Additionally, administrators overseeing Level IV certified recovery
residences with a personnel-to-resident ratio of 1 to 6 are not subject to limitations on the number
of residents they may manage.
Zoning and Land Use
The Growth Management Act requires every city and county to create and implement a
comprehensive plan to guide future development.
48
All development, both public and private,
and all development orders
49
approved by local governments must be consistent with the local
43
Section 397.4873(1), F.S.
44
Section 397.4873(2)(a)-(d), F.S.
45
Section 397.4104(1), F.S.
46
Section 397.403(1)(j), F.S.
47
Section 397.4871(8)(c), F.S.
48
Section 163.3167(2), F.S.
49
“Development order” means any order granting, denying, or granting with conditions an application for a development
permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S. BILL: CS/SB 954 Page 9
government’s comprehensive plan unless otherwise provided by law.
50
The Future Land Use
Element in a comprehensive plan establishes a range of allowable uses and densities and
intensities over large areas, and the specific use and intensities for specific parcels within that
range are decided by a more detailed, implementing zoning map.
51
III. Effect of Proposed Changes:
Section 1 amends s. 397.487, F.S., to preempt local governments such that certified recovery
residences are deemed residential use for all local zoning ordinances, no local ordinance may
prohibit or regulate recovery residences in a multifamily structure, and the establishment of
recovery residences in all districts zoned multifamily residential must be permitted without
zoning or land use change. A local government must allow the establishment of a certified
recovery residence in all districts zoned multifamily residential and allow a structure originally
constructed and permitted for multifamily purposes to be used as a certified recovery residence,
allowing up to two residents per bedroom, without obtaining a zoning or a land use change, a
special exception, a conditional use approval, a variance, or a comprehensive plan amendment.
The recovery residence in question must either not occupy or fully occupy a community or
structure that is governed by a condominium association under ch. 718, F.S. The bill includes
exceptions to these requirements, permitting a municipality or a county to deny the establishment
of a Level IV certified recovery residence if:
• The proposed use is adjacent to (meaning those properties sharing more than one point of a
property line, but not including properties separated by a public road), or on two or more
sides of, a parcel zoned for single-family residential use; and
• Is within a single-family residential development with at least 25 contiguous single-family
homes.
Section 2 amends s. 397.4871, F.S., to provide that a certified recovery residence administrator
for level IV certified recovery residence which maintains a personnel-to-resident ratio of 1 to 6
may manage up to 500 residents. Currently the maximum allowed is 150 residents with a 1 to 8
ratio. The bill also amends the 24/7 onsite supervision requirement to only apply during times
when residents are at the residence.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
50
Section 163.3194(3), F.S
51
Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.
Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993). BILL: CS/SB 954 Page 10
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The overall effect of the bill may be to simplify the establishment and maintenance of a
recovery residence, providing an indeterminate positive impact.
C. Government Sector Impact:
The bill has no fiscal impact on state revenues or expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The sections related to recovery residences as approved use in residential zoned areas subject to
administrative approval fail to detail the nature of that approval and how a local government is
required to treat such a proposed action.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 397.487 and
397.4871.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on March 31, 2025:
The committee substitute removes all provisions of the bill except: BILL: CS/SB 954 Page 11
• The provisions of section 4 declaring a certified recovery residence is deemed a
nontransient residential use of land for the purposes of all local zoning ordinances.
The provisions requiring administrative approval and a reduction of parking
requirements are removed.
• Section 5, adjusting bed limits by personnel-to-resident ratio. This provision is
modified to provide a 500 resident limit.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.