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Florida Senate - 2025 CS for CS for CS for SB 954 By the Committee on Rules; the Appropriations Committee on Health and Human Services; the Committee on Community Affairs; and Senators Gruters and Rouson 595-03809-25 2025954c3 1 A bill to be entitled 2 An act relating to certified recovery residences; 3 amending s. 397.487, F.S.; requiring, by a specified 4 date, the governing body of each county or 5 municipality to adopt an ordinance to establish 6 procedures for the review and approval of certified 7 recovery residences; requiring that such ordinance 8 include a process for requesting reasonable 9 accommodations from any local land use regulation that 10 serves to prohibit the establishment of a certified 11 recovery residence; specifying criteria for the 12 ordinance; providing that the ordinance may establish 13 additional requirements for the review and approval of 14 reasonable accommodation requests; requiring that such 15 additional requirements be consistent with federal law 16 and not conflict with the act; prohibiting the 17 ordinance from requiring public hearings beyond the 18 minimum required by law; providing that the ordinance 19 may include provisions for revocation of a granted 20 accommodation for cause, if the accommodation is not 21 reinstated within a specified timeframe; providing 22 construction; amending s. 397.4871, F.S.; providing 23 that the personnel-to-resident ratio for a certified 24 recovery residence must be met only when the residents 25 are at the residence; providing that a certified 26 recovery residence administrator for Level IV 27 certified recovery residences which maintains a 28 specified personnel-to-patient ratio has a limitation 29 on the number of residents it may manage; providing an 30 effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1.Subsections (15) and (16) are added to section 35 397.487, Florida Statutes, to read: 36 397.487Voluntary certification of recovery residences. 37 (15)(a)By January 1, 2026, the governing body of each 38 county or municipality shall adopt an ordinance establishing 39 procedures for the review and approval of certified recovery 40 residences within its jurisdiction. The ordinance must include a 41 process for requesting reasonable accommodations from any local 42 land use regulation that serves to prohibit the establishment of 43 a certified recovery residence. 44 (b)At a minimum, the ordinance must: 45 1.Be consistent with the Fair Housing Amendments Act of 46 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans 47 with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 48 2.Establish a written application process for requesting a 49 reasonable accommodation for the establishment of a certified 50 recovery residence, which application must be submitted to the 51 appropriate local government office. 52 3.Require the local government to date-stamp each 53 application upon receipt. If additional information is required, 54 the local government must notify the applicant in writing within 55 the first 30 days after receipt of the application and allow the 56 applicant at least 30 days to respond. 57 4.Require the local government to issue a final written 58 determination on the application within 60 days after receipt of 59 a completed application. The determination must: 60 a.Approve the request in whole or in part, with or without 61 conditions; or 62 b.Deny the request, stating with specificity the 63 objective, evidence-based reasons for denial and identifying any 64 deficiencies or actions necessary for reconsideration. 65 5.Provide that if a final written determination is not 66 issued within 60 days after receipt of a completed application, 67 the request is deemed approved unless the parties agree in 68 writing to a reasonable extension of time. 69 6.Require that the application include, at a minimum: 70 a.The name and contact information of the applicant or the 71 applicants authorized representative; 72 b.The property address and parcel identification number; 73 and 74 c.A description of the accommodation requested and the 75 specific regulation or policy from which relief is sought. 76 (c)The ordinance may establish additional requirements for 77 the review or approval of reasonable accommodation requests for 78 establishing a certified recovery residence, provided such 79 requirements are consistent with federal law and do not conflict 80 with this subsection. 81 (d)The ordinance may not require public hearings beyond 82 the minimum required by law to grant the requested 83 accommodation. 84 (e)The ordinance may include provisions for the revocation 85 of a granted accommodation of a certified recovery residence for 86 cause, including, but not limited to, a violation of the 87 conditions of approval or the lapse, revocation, or failure to 88 maintain certification or licensure required under this section, 89 if not reinstated within 180 days. 90 (f)The ordinance and establishment of a reasonable 91 accommodation process does not relieve the local government from 92 its obligations under the Fair Housing Amendments Act of 1988, 93 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with 94 Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for 95 which the applicant is seeking a reasonable accommodation must 96 not facially discriminate against or otherwise disparately 97 impact the applicant. 98 (16)The application of this section does not supersede any 99 current or future declaration or declaration of condominium 100 adopted pursuant to chapter 718; any cooperative document 101 adopted pursuant to chapter 719; or any declaration or 102 declaration of covenant adopted pursuant to chapter 720. 103 Section 2.Paragraph (c) of subsection (8) of section 104 397.4871, Florida Statutes, is amended to read: 105 397.4871Recovery residence administrator certification. 106 (8) 107 (c)Notwithstanding paragraph (b), a Level IV certified 108 recovery residence operating as community housing as defined in 109 s. 397.311(9), which residence is actively managed by a 110 certified recovery residence administrator approved for 100 111 residents under this section and is wholly owned or controlled 112 by a licensed service provider, may: 113 1.Actively manage up to 150 residents so long as the 114 licensed service provider maintains a service provider 115 personnel-to-patient ratio of 1 to 8 and maintains onsite 116 supervision at the residence during times when residents are at 117 the residence 24 hours a day, 7 days a week, with a personnel 118 to-resident ratio of 1 to 10. 119 2.Actively manage up to 300 residents, so long as the 120 licensed service provider maintains a service provider 121 personnel-to-patient ratio of 1 to 8 and maintains onsite 122 supervision at the residence during times when residents are at 123 the residence with a personnel-to-resident ratio of 1 to 6. 124 125 A certified recovery residence administrator who has been 126 removed by a certified recovery residence due to termination, 127 resignation, or any other reason may not continue to actively 128 manage more than 50 residents for another service provider or 129 certified recovery residence without being approved by the 130 credentialing entity. 131 Section 3.This act shall take effect July 1, 2025.
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