Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 738 Barcode 486162 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/02/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Clemens) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (d) is added to subsection (18) of 6 section 397.311, Florida Statutes, to read: 7 397.311 Definitions.—As used in this chapter, except part 8 VIII, the term: 9 (18) Licensed service components include a comprehensive 10 continuum of accessible and quality substance abuse prevention, 11 intervention, and clinical treatment services, including the 12 following services: 13 (d) “Sober house transitional living home” means a 14 residential dwelling unit that provides a peer-supported, 15 managed, alcohol-free and drug-free living environment. 16 Section 2. Subsections (4) through (10) are added to 17 section 397.403, Florida Statutes, to read: 18 397.403 License application.— 19 (4) An applicant for licensure under this section must 20 adhere to local, municipal, or county standards for zoning and 21 occupancy. After selection of a proposed site, but before 22 receiving a license under this section, the person or entity 23 that applies for licensure to operate a sober house transitional 24 living home as defined in s. 397.311 shall provide written 25 notice to the chief executive officer of the city or county that 26 governs the area in which the home will be located. The 27 applicant shall stipulate in the notice: 28 (a) That based upon the most recently published data 29 compiled by the department, the proposed sober house 30 transitional living home will not be located within 1,000 feet 31 of another sober house transitional living home or within 1,000 32 feet of a licensed service component as defined under s. 33 397.311. The distance between the proposed sober house 34 transitional living home and an existing sober house 35 transitional living home or licensed service component must be 36 measured from the nearest point of the existing sober house 37 transitional living home or licensed service component to the 38 nearest point of the proposed sober house transitional living 39 home; and 40 (b) The maximum number of residents who will reside at the 41 proposed home. 42 (5) A proposed sober house transitional living home that is 43 managed by or operated by an owner or wholly-owned subsidiary of 44 a licensed service component as defined in s. 397.311 is exempt 45 from subsection (4) if the owner or wholly-owned subsidiary 46 provides to the department the location of the housing component 47 on the license application for the licensed service component in 48 order to avoid having to obtain an additional license for the 49 proposed sober house transitional living home. A sober house 50 transitional living home that is exempted by this subsection is 51 not exempt from local, municipal, and county standards for 52 zoning and occupancy. 53 (6) The city or county government may review the notice to 54 determine whether the proposed sober house transitional living 55 home complies with its zoning and occupancy standards and the 56 distance requirements specified in paragraph (4)(a). In making 57 its determination, the city or county government may also 58 consider whether the site of the proposed home would result in 59 an overconcentration of sober house transitional living homes in 60 the proximate area of the proposed home. After making its 61 determination, the city or county government shall notify the 62 applicant and the department of its determination. 63 (7) No later than September 1, 2013, a residential dwelling 64 unit that was operating as a sober house transitional living 65 home on or before July 1, 2013, shall apply for licensure under 66 this section and shall provide written notice to the city or 67 county government as provided in subsection (4). The city or 68 county government shall review the notice and notify the 69 applicant and the department of its determination pursuant to 70 subsection (6). A sober house transitional living home in 71 existence before July 1, 2013, is exempt from complying with the 72 distance requirements of paragraph (4)(a) if the existing sober 73 house transitional living home continues to operate at the same 74 location and continues to be owned and operated by the same 75 person or entity that was the owner and operator on or before 76 June 30, 2013. 77 (8) If the city or county government determines that an 78 applicant’s proposed sober house transitional living home or its 79 site does not comply with subsection (4), subsection (5), or 80 subsection (6), and if it is agreed to by both parties, a 81 conflict may be resolved through informal mediation. The city or 82 county government shall arrange for the services of an 83 independent mediator or may initiate dispute resolution 84 proceedings under s. 186.509. The mediation process must be 85 concluded within 45 days after a request for mediation. This 86 subsection may not be construed as altering the applicant’s 87 statutory or common law rights. 88 (9) This section does not require a city or county 89 government to adopt a new ordinance if it has an existing 90 ordinance that meets the criteria specified in subsection (4). 91 State law that governs a sober house transitional living home as 92 defined in s. 397.311 prevails over a local ordinance; however, 93 a city or county government may adopt a more liberal ordinance 94 that governs sober house transitional living homes. 95 (10) The department may adopt rules to establish penalties 96 or fines for failure to obtain a license from the department to 97 operate a sober house transitional living home. 98 Section 3. This act shall take effect July 1, 2013. 99 100 ================= T I T L E A M E N D M E N T ================ 101 And the title is amended as follows: 102 Delete everything before the enacting clause 103 and insert: 104 A bill to be entitled 105 An act relating to substance abuse services; amending 106 s. 397.311, F.S.; defining the term “sober house 107 transitional living home” as it relates to the Hal S. 108 Marchman Alcohol and Other Drug Services Act; amending 109 s. 397.403, F.S.; requiring that an applicant seeking 110 licensure for a proposed facility that would provide 111 specified substance abuse services adhere to local, 112 municipal, or county standards for zoning and 113 occupancy; requiring such applicant to provide written 114 notice to the chief executive officer of the 115 appropriate local government before receiving 116 licensure to operate a sober house transitional living 117 home; requiring the applicant to stipulate certain 118 criteria within the notice; exempting certain sober 119 house transitional living homes from additional 120 licensing as a service provider under ch. 397, F.S., 121 under certain circumstances; requiring the local 122 government to review the notification and to determine 123 if the proposed home and its site comply with certain 124 requirements; requiring the local government to notify 125 the applicant and the Department of Children and 126 Families of its determination; requiring each sober 127 house transitional living home in existence on a 128 certain date to apply for licensure with the 129 department and give notice to the local government by 130 a specified date; requiring the local government to 131 notify the existing sober house transitional living 132 home and the department of its determination; 133 exempting existing sober house transitional living 134 homes from complying with the distance requirement 135 under certain circumstances; providing conflict 136 resolution by informal mediation under certain 137 circumstances; requiring the local government to 138 arrange for services of an independent mediator or 139 initiate dispute resolution proceedings; providing 140 procedures for the mediation; providing construction; 141 providing that a local government is not required to 142 adopt a local ordinance under certain circumstances; 143 providing that state law prevails over a local 144 ordinance; providing that a local government is not 145 precluded from adopting ordinances that govern 146 facilities that offer certain substance abuse 147 services; providing that the department may adopt 148 rules to establish penalties or fines for failure to 149 obtain a license to operate a sober house transitional 150 living home; providing an effective date.