Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 582
       
       
       
       
       
       
                                Ì828502ÄÎ828502                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 33 - 172
    4  and insert:
    5         Section 1. Subsections (10) and (11) are added to section
    6  397.305, Florida Statutes, to read:
    7         397.305 Legislative findings, intent, and purpose.—
    8         (10) It is recognized by the Legislature that a person
    9  suffering from addiction has a higher success rate of achieving
   10  long-lasting sobriety when given the opportunity to build a
   11  stronger foundation by living in a supportive, sober environment
   12  after completing treatment.
   13         (11) It is the intent of the Legislature to protect persons
   14  who live in a sober house transitional living home while they
   15  undergo treatment as provided in s. 397.311(18) at a licensed
   16  facility. These persons represent a vulnerable consumer
   17  population in need of adequate housing, whom this state and its
   18  subdivisions have a legitimate state interest in protecting.
   19         Section 2. Subsections (30) through (39) of section
   20  397.311, Florida Statutes, are amended to read:
   21         397.311 Definitions.—As used in this chapter, except part
   22  VIII, the term:
   23         (30) “Recovery residence” means a democratically run, peer
   24  managed, and peer-supported dwelling for a resident who is
   25  established in his or her recovery and who is a party to a
   26  single lease agreement to occupy the dwelling which has a single
   27  beginning date and a single termination date.
   28         (31)“Registrable component” includes a sober house
   29  transitional living home that is a residential dwelling unit
   30  that provides, offers, or advertises housing in an alcohol-free
   31  and drug-free living environment to persons who need room and
   32  board while receiving treatment services as provided in s.
   33  397.311(18) at a licensed facility. This term includes the
   34  community housing component of a day or night treatment facility
   35  or a residential treatment facility that offers level 5
   36  treatment programs, but the term does not include a recovery
   37  residence.
   38         (32) “Residential dwelling unit” means a single unit used
   39  primarily for living and sleeping which provides complete
   40  independent living facilities for one or more persons, including
   41  permanent provisions for living, sleeping, eating, cooking, and
   42  sanitation.
   43         (33)(30) “Screening” means the gathering of initial
   44  information to be used in determining a person’s need for
   45  assessment, services, or referral.
   46         (34)(31) “Secure facility,” except where the context
   47  indicates a correctional system facility, means a provider that
   48  has the authority to deter the premature departure of
   49  involuntary individuals whose leaving constitutes a violation of
   50  a court order or community-based supervision as provided by law.
   51  The term “secure facility” includes addictions receiving
   52  facilities and facilities authorized by local ordinance for the
   53  treatment of habitual abusers.
   54         (35)(32) “Service component” or “component” means a
   55  discrete operational entity within a service provider which is
   56  subject to licensing as defined by rule. Service components
   57  include prevention, intervention, and clinical treatment as
   58  defined described in subsection (18).
   59         (36)(33) “Service provider” or “provider” means a public
   60  agency, a private for-profit or not-for-profit agency, a person
   61  who is a private practitioner, or a hospital licensed under this
   62  chapter or exempt from licensure under this chapter.
   63         (37)(34) “Service provider personnel” or “personnel”
   64  includes all owners, directors, chief financial officers, staff,
   65  and volunteers, including foster parents, of a service provider.
   66         (38)“Sober house operator” means a person who operates a
   67  sober house transitional living home.
   68         (39)(35) “Stabilization” connotes short-term emergency
   69  treatment and means:
   70         (a) Alleviation of a crisis condition; or
   71         (b) Prevention of further deterioration,
   72  
   73  and connotes short-term emergency treatment.
   74         (40)(36) “Substance abuse” means the misuse or abuse of, or
   75  dependence on alcohol, illicit drugs, or prescription
   76  medications. As an individual progresses along this continuum of
   77  misuse, abuse, and dependence, there is an increased need for
   78  substance abuse intervention and treatment to help abate the
   79  problem.
   80         (41)(37) “Substate entity” means a departmental office
   81  designated to serve a geographical area specified by the
   82  department.
   83         (42)(38) “System of care” means a coordinated continuum of
   84  community-based services and supports that are organized to meet
   85  the challenges and needs of individuals who are at risk of
   86  developing substance abuse problems or individuals who have
   87  substance abuse problems.
   88         (43)(39) “Treatment plan” means an immediate and a long
   89  range plan based upon an individual’s assessed needs and used to
   90  address and monitor an individual’s recovery from substance
   91  abuse.
   92         Section 3. Section 397.487, Florida Statutes, is created to
   93  read:
   94         397.487Sober house transitional living homes.—
   95         (1)APPLICATION.—
   96         (a)A sober house transitional living home may not operate
   97  in this state without a valid certificate of registration from
   98  the department. However, a sober house transitional living home
   99  that is licensed by the department as a residential treatment
  100  facility that offers level 5 treatment programs or a sober house
  101  transitional living home that is intended to serve as and has a
  102  license for the community housing component of a day or night
  103  treatment facility is not required to obtain additional
  104  licensure or registration for the housing component of the
  105  license.
  106         (b) A sober house operator shall annually apply to the
  107  department for a certificate of registration to operate a sober
  108  house transitional living home by submitting the following:
  109         1.The name and physical address of the sober house
  110  transitional living home.
  111         2.The name of the sober house operator.
  112         3.The number of individuals served at the sober house
  113  transitional living home.
  114         4.Proof of screening and background checks as required
  115  under chapter 435.
  116         5. Written eviction procedures in accordance with
  117  subsection (7).
  118         6. Proof of satisfactory fire, safety, and health
  119  inspections and compliance with local zoning ordinances.
  120         7. A registration fee, not to exceed $200.
  121         (c)A sober house transitional living home in existence on
  122  July 1, 2014, shall apply for a certificate of registration by
  123  September 1, 2014. This paragraph does not apply to a sober
  124  house transitional living home in existence on July 1, 2014,
  125  which has a license for the community housing component of a day
  126  or night treatment facility or is licensed as a residential
  127  treatment facility that offers level 5 treatment programs.
  128         (d) The department shall adopt rules pertaining to the
  129  application process for obtaining a certificate of registration.
  130         (2)BACKGROUND SCREENING.—
  131         (a)The owner, director, manager, operator, and chief
  132  financial officer of a sober house transitional living home are
  133  subject to level 2 background screening as provided in s.
  134  435.04.
  135         (b)The department may not grant a certificate of
  136  registration to a sober house transitional living home that
  137  fails to provide proof that background screening information has
  138  been submitted in accordance with chapter 435.
  139         (c)If a background screening reveals that an individual
  140  specified in paragraph (a) has been arrested for and is awaiting
  141  final disposition of; has been found guilty of, regardless of
  142  adjudication, or has entered a plea of nolo contendere or guilty
  143  to; or has been adjudicated delinquent and the record has not
  144  been sealed or expunged for, an offense prohibited under the
  145  level 2 screening standards established in s. 435.04, the
  146  department may not grant a certificate of registration to the
  147  applicant’s sober house transitional living home unless an
  148  exemption from disqualification has been granted by the
  149  department pursuant to chapter 435.
  150         (d)The department shall immediately suspend the
  151  certificate of registration of a sober house transitional living
  152  home if an individual specified in paragraph (a), while acting
  153  in his or her professional capacity, is arrested for and is
  154  awaiting final disposition of; is found guilty of, regardless of
  155  adjudication, or enters a plea of nolo contendere or guilty to;
  156  or is adjudicated delinquent and the record has not been sealed
  157  or expunged for, an offense prohibited under the level 2
  158  screening standards established in s. 435.04. The department
  159  shall reinstate the certificate of registration after such
  160  individual resigns or is removed from his or her position at the
  161  sober house transitional living home and replaced by another
  162  qualified individual who passes the level 2 background screening
  163  as provided in s. 435.04.
  164         (3)PENALTIES.—A person or agency that operates a
  165  residential dwelling unit as a sober house transitional living
  166  home without a valid certificate of registration in accordance
  167  with this section commits a misdemeanor of the first degree,
  168  punishable as provided in s. 775.082 or s. 775.083.
  169         (4)ADVERTISING.—A person, as defined in s. 1.01, who owns
  170  or operates a sober house transitional living home must include
  171  the home’s state registration number within an advertisement of
  172  the sober house transitional living home. A person who violates
  173  this subsection commits a misdemeanor of the first degree,
  174  punishable as provided in s. 775.082 or s. 775.083.
  175         (5)INSPECTIONS.—
  176         (a)An authorized agent of the department may enter and
  177  inspect at any time a sober house transitional living home that
  178  has a certificate of registration from the department to
  179  determine whether it is in compliance with s. 397.411 and rules
  180  65D-30.004 and 65D-30.0081, Florida Administrative Code.
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183  And the title is amended as follows:
  184         Delete lines 2 - 11
  185  and insert:
  186         An act relating to substance abuse services; amending
  187         s. 397.305, F.S.; providing legislative intent with
  188         regard to sober house transitional living homes;
  189         amending s. 397.311, F.S.; defining terms; creating s.
  190         397.487, F.S.; prohibiting a sober house transitional
  191         living home from operating in this state without a
  192         valid certificate of registration from the Department
  193         of Children and Families; providing an exceptions;
  194         requiring a sober house operator to annually apply for
  195         a certificate of registration with the department;
  196         requiring certain sober house transitional living
  197         homes to apply for a certificate of registration by a
  198         specified date; providing for nonapplicability;