Senate Bill 1180 (2024) — Substance abuse treatment
SB 1180
Florida Bills
Florida Senate - 2024 SB 1180 By Senator Harrell 31-00370C-24 20241180__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. 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; defining the term 7 “community housing”; amending s. 397.321, F.S.; 8 requiring the Department of Children and Families to 9 display and make available on its website certain 10 information pertaining to service providers and 11 recovery residences by a specified date; requiring the 12 department to display on its website certain documents 13 pertaining to service providers; amending s. 397.335, 14 F.S.; revising the membership of the Statewide Council 15 on Opioid Abatement to include additional members; 16 amending s. 397.487, F.S.; extending the deadline for 17 certified recovery residences to retain a replacement 18 for a certified recovery residence administrator who 19 has been removed from his or her position; requiring 20 certified recovery residences to remove certain 21 individuals from their positions if they are arrested 22 and awaiting disposition for, are found guilty of, or 23 enter a plea of guilty or nolo contendere to certain 24 offenses, regardless if adjudication is withheld; 25 requiring the certified recovery residence to retain a 26 certified recovery residence administrator if the 27 previous certified recovery residence administrator 28 has been removed due to any reason; conforming 29
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. provisions to changes made by the act; prohibiting 30 certified recovery residences, on or after a specified 31 date, from denying an individual access to housing 32 solely for being prescribed federally approved 33 medications from licensed health care professionals; 34 prohibiting local laws, ordinances, or regulations 35 adopted on or after a specified date from regulating 36 the duration or frequency of a resident’s stay in a 37 certified recovery residence in certain zoning 38 districts; providing applicability; amending s. 39 397.4871, F.S.; conforming provisions to changes made 40 by the act; authorizing certain Level IV certified 41 recovery residences owned or controlled by a licensed 42 service provider and managed by a certified recovery 43 residence administrator approved for a specified 44 number of residents to manage a specified greater 45 number of residents, provided that certain criteria 46 are met; prohibiting a certified recovery residence 47 administrator who has been removed by a certified 48 recovery residence from taking on certain other 49 management positions without approval from a 50 credentialing entity; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54
Section 1. Paragraph (
k) is added to subsection (10) of 55
section 212.02, Florida Statutes, to read: 56 212.02
Definitions.—The following terms and phrases when 57 used in this
chapter have the meanings ascribed to them in this 58
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. section, except where the context clearly indicates a different 59 meaning: 60 (10) “Lease,” “let,” or “rental” means leasing or renting 61 of living quarters or sleeping or housekeeping accommodations in 62 hotels, apartment houses, roominghouses, tourist or trailer 63 camps and real property, the same being defined as follows: 64 (
k) For purposes of this chapter, recovery residences 65 certified pursuant to s. 397.487 which rent properties are not 66 subject to any taxes imposed on transient accommodations, 67 including taxes imposed under s. 212.03; any locally imposed 68 discretionary sales surtax or any convention development tax 69 imposed under s. 212.0305; any tourist development tax imposed 70 under s. 125.0104; or any tourist impact tax imposed under s. 71 125.0108. 72
Section 2. Present subsections (9) through (50) of
section 73 397.311, Florida Statutes, are redesignated as subsections (10) 74 through (51), respectively, a new subsection (9) is added to 75 that section, and subsection (5) of that
section is amended, to 76 read: 77 397.311
Definitions.—As used in this chapter, except
part 78 VIII, the term: 79 (5) “Certified recovery residence” means a recovery 80 residence that holds a valid certificate of compliance and is 81 actively managed by a certified recovery residence 82 administrator. 83 (
a) A Level I certified recovery residence houses 84 individuals in recovery who have completed treatment, with a 85 minimum of 9 months of sobriety. A Level I certified recovery 86 residence is democratically run by the members who reside in the 87
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. home. 88 (
b) A Level II certified recovery residence encompasses the 89 traditional perspectives of sober living homes. There is 90 oversight from a house manager who has experience with living in 91 recovery. Residents are expected to follow rules outlined in a 92 resident handbook, which is provided by the certified recovery 93 residence administrator. Residents must pay dues, if applicable, 94 and work toward achieving realistic and defined milestones 95 within a chosen recovery path. 96 (
c) A Level III certified recovery residence offers higher 97 supervision by staff with formal training to ensure resident 98 accountability. Such residences are staffed 24 hours a day, 7 99 days a week, and offer residents peer-support services, which 100 may include, but are not limited to, life skill mentoring, 101 recovery planning, and meal preparation. No clinical services 102 are performed at the residence. Such residences are most 103 appropriate for persons who require a more structured 104 environment during early recovery from addiction. 105 (
d) A Level IV certified recovery residence is a residence 106 offered, referred to, or provided by, a licensed service 107 provider to its patients who are required to reside at the 108 residence while receiving intensive outpatient and higher levels 109 of outpatient care. Such residences are staffed 24 hours a day 110 and combine outpatient licensable services with recovery 111 residential living. Residents are required to follow a treatment 112 plan and attend group and individual sessions, in addition to 113 developing a recovery plan within the social model of living a 114 sober lifestyle.
No clinical services are provided at the 115 residence, and all licensable services are provided off-site. 116
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. (9) “Community housing” means a certified recovery 117 residence offered, referred to, or provided by a licensed 118 service provider that provides housing to its patients who are 119 required to reside at the residence while receiving intensive 120 outpatient and higher levels of outpatient care. A certified 121 recovery residence used by a licensed service provider that 122 meets the definition of community housing shall be classified as 123 a Level IV level of support, as described in subsection (5). 124
Section 3. Subsection (20) is added to
section 397.321, 125 Florida Statutes, to read: 126 397.321 Duties of the department.—The department shall: 127
(20) Prominently display and make available on its website 128 no later than January 1, 2025, all documents in the department’s 129 Provider Licensure and Designations System pertaining to the 130 following: 131 (
a) Service provider applications for licensure and license 132 renewal. 133 (
b) Policies and procedures provided to the department by 134 an applicant for service provider licensure or license renewal. 135 (
c) The name and location of each recovery residence 136 engaged in a referral relationship with a licensed service 137 provider or service provider applicant, as required under ss. 138 397.4104 and 397.403(1)(j). 139 (
d) All complaints pertaining to service providers received 140 by the department, and all investigative reports and findings, 141 whether founded or unfounded. Complainant names and other 142 identifying information shall be redacted. 143 (
e) Fines assessed for violations pursuant to ss. 144 397.411(7), 397.4104(2), and 397.4873(7). 145
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. (
f) All reports or other documentation pertaining to 146 service provider license suspension or revocation. 147 (
g) All inspection reports for service provider licenses 148 and recovery residences. 149
Section 4. Paragraph (
a) of subsection (2) of
section 150 397.335, Florida Statutes, is amended to read: 151 397.335 Statewide Council on Opioid Abatement.— 152
(2) MEMBERSHIP.— 153 (
a) Notwithstanding s. 20.052, the council shall be 154 composed of the following members: 155 1. The Attorney General, or his or her designee, who shall 156 serve as chair. 157 2. The secretary of the department, or his or her designee, 158 who shall serve as vice chair. 159 3. One member appointed by the Governor. 160 4. One member appointed by the President of the Senate. 161 5. One member appointed by the Speaker of the House of 162 Representatives. 163 6. Two members appointed by the Florida League of Cities 164 who are commissioners or mayors of municipalities.
One member 165 shall be from a municipality with a population of fewer than 166 50,000 people. 167 7. Two members appointed by or through the Florida 168 Association of Counties who are county commissioners or mayors. 169 One member shall be appointed from a county with a population of 170 fewer than 200,000, and one member shall be appointed from a 171 county with a population of more than 200,000. 172 8. One member who is either a county commissioner or county 173 mayor appointed by the Florida Association of Counties or who is 174
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. a commissioner or mayor of a municipality appointed by the 175 Florida League of Cities. The Florida Association of Counties 176 shall appoint such member for the initial term, and future 177 appointments must alternate between a member appointed by the 178 Florida League of Cities and a member appointed by the Florida 179 Association of Counties. 180 9. Two members appointed by or through the State Surgeon 181 General.
One shall be a staff member from the department who has 182 experience coordinating state and local efforts to abate the 183 opioid epidemic, and one shall be a licensed physician who is 184 board certified in both addiction medicine and psychiatry. 185 10. One member appointed by the Florida Association of 186 Recovery Residences. 187 11. One member appointed by the Florida Association of EMS 188 Medical Directors. 189 12. One member appointed by the Florida Society of 190 Addiction Medicine who is a medical doctor board certified in 191 addiction medicine. 192 13.
One member appointed by the Florida Behavioral Health 193 Association. 194 14. One member appointed by Floridians for Recovery. 195
Section 5. Present paragraphs (c), (d), and (
e) of 196 subsection (8) of
section 397.487, Florida Statutes, are 197 redesignated as paragraphs (d), (e), and (f), respectively, a 198 new paragraph (
c) is added to that subsection, subsections (13) 199 and (14) are added to that section, and paragraphs (
b) and 200 present paragraphs (c), (d), and (
e) of subsection (8) of that 201
section are amended, to read: 202 397.487 Voluntary certification of recovery residences.— 203
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(8) Onsite followup monitoring of a certified recovery 204 residence may be conducted by the credentialing entity to 205 determine continuing compliance with certification requirements. 206 The credentialing entity shall inspect each certified recovery 207 residence at least annually to ensure compliance. 208 (
b) A certified recovery residence must notify the 209 credentialing entity within 3 business days after the removal of 210 the recovery residence’s certified recovery residence 211 administrator due to termination, resignation, or any other 212 reason. The certified recovery residence has 90 30 days to 213 retain a certified recovery residence administrator. The 214 credentialing entity shall revoke the certificate of compliance 215 of any certified recovery residence that fails to comply with 216 this paragraph. 217 (
c) If a certified recovery residence’s administrator has 218 been removed due to termination, resignation, or any other 219 reason and had been previously approved to actively manage more 220 than 50 residents pursuant to s. 397.4871(8)(b), the certified 221 recovery residence has 90 days to retain another certified 222 recovery residence administrator pursuant to that section. The 223 credentialing entity shall revoke the certificate of compliance 224 of any certified recovery residence that fails to comply with 225 this paragraph. 226 (d)(
c) If any owner, director, or chief financial officer 227 of a certified recovery residence is arrested and awaiting 228 disposition for or found guilty of, or enters a plea of guilty 229 or nolo contendere to, regardless of whether adjudication is 230 withheld, any offense listed in s. 435.04(2) while acting in 231 that capacity, the certified recovery residence must shall 232
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. immediately remove the person from that position and shall 233 notify the credentialing entity within 3 business days after 234 such removal. The credentialing entity may shall revoke the 235 certificate of compliance of a certified recovery residence that 236 fails to meet these requirements. 237 (e)(
d) A credentialing entity shall revoke a certified 238 recovery residence’s certificate of compliance if the certified 239 recovery residence provides false or misleading information to 240 the credentialing entity at any time. 241 (f)(
e) Any decision by a department-recognized 242 credentialing entity to deny, revoke, or suspend a 243 certification, or otherwise impose sanctions on a certified 244 recovery residence, is reviewable by the department. Upon 245 receiving an adverse determination, the certified recovery 246 residence may request an administrative hearing pursuant to ss. 247 120.569 and 120.57(1) within 30 days after completing any 248 appeals process offered by the credentialing entity or the 249 department, as applicable. 250
(13) On or after January 1, 2025, a recovery residence may 251 not deny an individual access to housing solely on the basis 252 that he or she has been prescribed federally approved medication 253 that assists with treatment for substance use disorders by a 254 licensed physician, a physician’s assistant, or an advanced 255 practice registered nurse registered under s. 464.0123. 256
(14) A local law, ordinance, or regulation may not regulate 257 the duration or frequency of a resident’s stay in a certified 258 recovery residence located within a multifamily zoning district. 259 This subsection does not apply to any local law, ordinance, or 260 regulation adopted on or before February 1, 2025. 261
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Section 6. Paragraphs (
b) and (
c) of subsection (6) of 262
section 397.4871, Florida Statutes, are amended, and paragraph 263 (
c) is added to subsection (8) of that section, to read: 264 397.4871 Recovery residence administrator certification.— 265
(6) The credentialing entity shall issue a certificate of 266 compliance upon approval of a person’s application. The 267 certification shall automatically terminate 1 year after 268 issuance if not renewed. 269 (
b) If a certified recovery residence administrator of a 270 recovery residence is arrested and awaiting disposition for or 271 found guilty of, or enters a plea of guilty or nolo contendere 272 to, regardless of whether adjudication is withheld, any offense 273 listed in s. 435.04(2) while acting in that capacity, the 274 certified recovery residence must shall immediately remove the 275 person from that position and shall notify the credentialing 276 entity within 3 business days after such removal.
The certified 277 recovery residence shall have 30 days to retain a certified 278 recovery residence administrator within 90 days after such 279 removal. The credentialing entity shall revoke the certificate 280 of compliance of any recovery residence that fails to meet these 281 requirements. 282 (
c) A credentialing entity shall revoke a certified 283 recovery residence administrator’s certificate of compliance if 284 the recovery residence administrator provides false or 285 misleading information to the credentialing entity at any time. 286 (8) 287 (
c) Notwithstanding paragraph (b), a Level IV certified 288 recovery residence with a community housing component, which 289 residence is actively managed by a certified recovery residence 290
Florida Senate - 2024 SB 1180 31-00370C-24 20241180__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. administrator approved for 100 residents under this
section and 291 is wholly owned or controlled by a licensed service provider, 292 may actively manage up to 150 residents so long as the licensed 293 service provider maintains a service provider personnel-to-294 patient ratio of 1 to 8 and maintains onsite supervision at the 295 residences 24 hours a day, 7 days a week, with a personnel-to-296 resident ratio of 1 to 10.
A certified recovery residence 297 administrator who has been removed by a certified recovery 298 residence due to termination, resignation, or any other reason 299 may not continue to actively manage more than 50 residents for 300 another service provider or certified recovery residence without 301 being approved by the credentialing entity. 302