Florida Senate - 2013 CS for SB 738
By the Committee on Children, Families, and Elder Affairs; and
Senator Clemens
586-03366-13 2013738c1
1 A bill to be entitled
2 An act relating to substance abuse services; amending
3 s. 397.311, F.S.; defining the term “sober house
4 transitional living home” as it relates to the Hal S.
5 Marchman Alcohol and Other Drug Services Act; amending
6 s. 397.403, F.S.; requiring that an applicant seeking
7 licensure for a proposed facility that would provide
8 specified substance abuse services adhere to local,
9 municipal, or county standards for zoning and
10 occupancy; requiring such applicant to provide written
11 notice to the chief executive officer of the
12 appropriate local government before receiving
13 licensure to operate a sober house transitional living
14 home; requiring the applicant to stipulate certain
15 criteria within the notice; exempting certain sober
16 house transitional living homes from additional
17 licensing as a service provider under ch. 397, F.S.,
18 under certain circumstances; requiring the local
19 government to review the notification and to determine
20 if the proposed home and its site comply with certain
21 requirements; requiring the local government to notify
22 the applicant and the Department of Children and
23 Families of its determination; requiring each sober
24 house transitional living home in existence on a
25 certain date to apply for licensure with the
26 department and give notice to the local government by
27 a specified date; requiring the local government to
28 notify the existing sober house transitional living
29 home and the department of its determination;
30 exempting existing sober house transitional living
31 homes from complying with the distance requirement
32 under certain circumstances; providing conflict
33 resolution by informal mediation under certain
34 circumstances; requiring the local government to
35 arrange for services of an independent mediator or
36 initiate dispute resolution proceedings; providing
37 procedures for the mediation; providing construction;
38 providing that a local government is not required to
39 adopt a local ordinance under certain circumstances;
40 providing that state law prevails over a local
41 ordinance; providing that a local government is not
42 precluded from adopting ordinances that govern
43 facilities that offer certain substance abuse
44 services; providing that the department may adopt
45 rules to establish penalties or fines for failure to
46 obtain a license to operate a sober house transitional
47 living home; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Paragraph (d) is added to subsection (18) of
52 section 397.311, Florida Statutes, to read:
53 397.311 Definitions.—As used in this chapter, except part
54 VIII, the term:
55 (18) Licensed service components include a comprehensive
56 continuum of accessible and quality substance abuse prevention,
57 intervention, and clinical treatment services, including the
58 following services:
59 (d) “Sober house transitional living home” means a
60 residential dwelling unit that provides a peer-supported,
61 managed, alcohol-free and drug-free living environment.
62 Section 2. Subsections (4) through (10) are added to
63 section 397.403, Florida Statutes, to read:
64 397.403 License application.—
65 (4) An applicant for licensure under this section must
66 adhere to local, municipal, or county standards for zoning and
67 occupancy. After selection of a proposed site, but before
68 receiving a license under this section, the person or entity
69 that applies for licensure to operate a sober house transitional
70 living home as defined in s. 397.311 shall provide written
71 notice to the chief executive officer of the city or county that
72 governs the area in which the home will be located. The
73 applicant shall stipulate in the notice:
74 (a) That based upon the most recently published data
75 compiled by the department, the proposed sober house
76 transitional living home will not be located within 1,000 feet
77 of another sober house transitional living home or within 1,000
78 feet of a licensed service component as defined under s.
79 397.311. The distance between the proposed sober house
80 transitional living home and an existing sober house
81 transitional living home or licensed service component must be
82 measured from the nearest point of the existing sober house
83 transitional living home or licensed service component to the
84 nearest point of the proposed sober house transitional living
85 home; and
86 (b) The maximum number of residents who will reside at the
87 proposed home.
88 (5) A proposed sober house transitional living home that is
89 managed by or operated by an owner or wholly-owned subsidiary of
90 a licensed service component as defined in s. 397.311 is exempt
91 from subsection (4) if the owner or wholly-owned subsidiary
92 provides to the department the location of the housing component
93 on the license application for the licensed service component in
94 order to avoid having to obtain an additional license for the
95 proposed sober house transitional living home. A sober house
96 transitional living home that is exempted by this subsection is
97 not exempt from local, municipal, and county standards for
98 zoning and occupancy.
99 (6) The city or county government may review the notice to
100 determine whether the proposed sober house transitional living
101 home complies with its zoning and occupancy standards and the
102 distance requirements specified in paragraph (4)(a). In making
103 its determination, the city or county government may also
104 consider whether the site of the proposed home would result in
105 an overconcentration of sober house transitional living homes in
106 the proximate area of the proposed home. After making its
107 determination, the city or county government shall notify the
108 applicant and the department of its determination.
109 (7) No later than September 1, 2013, a residential dwelling
110 unit that was operating as a sober house transitional living
111 home on or before July 1, 2013, shall apply for licensure under
112 this section and shall provide written notice to the city or
113 county government as provided in subsection (4). The city or
114 county government shall review the notice and notify the
115 applicant and the department of its determination pursuant to
116 subsection (6). A sober house transitional living home in
117 existence before July 1, 2013, is exempt from complying with the
118 distance requirements of paragraph (4)(a) if the existing sober
119 house transitional living home continues to operate at the same
120 location and continues to be owned and operated by the same
121 person or entity that was the owner and operator on or before
122 June 30, 2013.
123 (8) If the city or county government determines that an
124 applicant’s proposed sober house transitional living home or its
125 site does not comply with subsection (4), subsection (5), or
126 subsection (6), and if it is agreed to by both parties, a
127 conflict may be resolved through informal mediation. The city or
128 county government shall arrange for the services of an
129 independent mediator or may initiate dispute resolution
130 proceedings under s. 186.509. The mediation process must be
131 concluded within 45 days after a request for mediation. This
132 subsection may not be construed as altering the applicant’s
133 statutory or common law rights.
134 (9) This section does not require a city or county
135 government to adopt a new ordinance if it has an existing
136 ordinance that meets the criteria specified in subsection (4).
137 State law that governs a sober house transitional living home as
138 defined in s. 397.311 prevails over a local ordinance; however,
139 a city or county government may adopt a more liberal ordinance
140 that governs sober house transitional living homes.
141 (10) The department may adopt rules to establish penalties
142 or fines for failure to obtain a license from the department to
143 operate a sober house transitional living home.
144 Section 3. This act shall take effect July 1, 2013.