Florida Senate - 2021                                    SB 1516
       By Senator Book
       32-01880-21                                           20211516__
    1                        A bill to be entitled                      
    2         An act relating to recovery residences; amending s.
    3         397.487, F.S.; removing an obsolete date; requiring
    4         recovery residences to obtain certification by a
    5         specified date or before commencing operation;
    6         creating a criminal penalty for a person who operates
    7         a recovery residence without a certificate of
    8         compliance; amending s. 397.4871, F.S.; removing an
    9         obsolete date; requiring that recovery residence
   10         administrators be certified by a specified date or
   11         before beginning employment; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 397.487, Florida Statutes, is amended to
   17  read:
   18         397.487 Voluntary Certification of recovery residences.—
   19         (1) The Legislature finds that a person suffering from
   20  addiction has a higher success rate of achieving long-lasting
   21  sobriety when given the opportunity to build a stronger
   22  foundation by living in a recovery residence while receiving
   23  treatment or after completing treatment. The Legislature further
   24  finds that this state and its subdivisions have a legitimate
   25  state interest in protecting these persons, who represent a
   26  vulnerable consumer population in need of adequate housing. It
   27  is the intent of the Legislature to protect persons who reside
   28  in a recovery residence.
   29         (2) The department shall approve at least one credentialing
   30  entity by December 1, 2015, for the purpose of developing and
   31  administering a voluntary certification program for recovery
   32  residences. Recovery residences in operation before October 1,
   33  2021, must obtain certification no later than April 1, 2022.
   34  Recovery residences established on or after October 1, 2021,
   35  must obtain certification before commencing operation. The
   36  approved credentialing entity shall:
   37         (a) Establish recovery residence certification
   38  requirements.
   39         (b) Establish procedures to:
   40         1. Administer the application, certification,
   41  recertification, and disciplinary processes.
   42         2. Monitor and inspect a recovery residence and its staff
   43  to ensure compliance with certification requirements.
   44         3. Interview and evaluate residents, employees, and
   45  volunteer staff on their knowledge and application of
   46  certification requirements.
   47         (c) Provide training for owners, managers, and staff.
   48         (d) Develop a code of ethics.
   49         (e) Establish application, inspection, and annual
   50  certification renewal fees. The application fee may not exceed
   51  $100. Any onsite inspection fee shall reflect actual costs for
   52  inspections. The annual certification renewal fee may not exceed
   53  $100.
   54         (3) A credentialing entity shall require the recovery
   55  residence to submit the following documents with the completed
   56  application and fee:
   57         (a) A policy and procedures manual containing:
   58         1. Job descriptions for all staff positions.
   59         2. Drug-testing procedures and requirements.
   60         3. A prohibition on the premises against the possession or
   61  use of alcohol and, illegal drugs on the premises, and against
   62  the use of prescribed medications by an individual other than
   63  the individual for whom the medication is prescribed.
   64         4. Policies to support a resident’s recovery efforts.
   65         5. A good neighbor policy to address neighborhood concerns
   66  and complaints.
   67         (b) Rules for residents.
   68         (c) Copies of all forms provided to residents.
   69         (d) Intake procedures.
   70         (e) A sexual predator and sexual offender registry
   71  compliance policy.
   72         (f) A relapse policy.
   73         (g) A fee schedule.
   74         (h) A refund policy.
   75         (i) Eviction procedures and policy.
   76         (j) A code of ethics.
   77         (k) Proof of insurance.
   78         (l) Proof of background screening.
   79         (m) Proof of satisfactory fire, safety, and health
   80  inspections.
   81         (4) A certified recovery residence must be actively managed
   82  by a certified recovery residence administrator. All
   83  applications for certification must include the name of the
   84  certified recovery residence administrator who will be actively
   85  managing the applicant recovery residence.
   86         (5) Upon receiving a complete application, a credentialing
   87  entity shall conduct an onsite inspection of the recovery
   88  residence.
   89         (6) All owners, directors, and chief financial officers of
   90  an applicant recovery residence are subject to level 2
   91  background screening as provided under s. 408.809 and chapter
   92  435. A recovery residence is ineligible for certification, and a
   93  credentialing entity shall deny a recovery residence’s
   94  application, if any owner, director, or chief financial officer
   95  has been found guilty of, or has entered a plea of guilty or
   96  nolo contendere to, regardless of adjudication, any offense
   97  listed in s. 408.809(4) or s. 435.04(2) unless the department
   98  has issued an exemption under s. 435.07. In accordance with s.
   99  435.04, the department shall notify the credentialing agency of
  100  an owner’s, director’s, or chief financial officer’s eligibility
  101  based on the results of his or her background screening.
  102         (7) A credentialing entity shall issue a certificate of
  103  compliance upon approval of the recovery residence’s application
  104  and inspection. The certification shall automatically expires
  105  terminate 1 year after issuance if not renewed.
  106         (8) Onsite followup monitoring of a certified recovery
  107  residence may be conducted by the credentialing entity to
  108  determine continuing compliance with certification requirements.
  109  The credentialing entity shall inspect each certified recovery
  110  residence at least annually to ensure compliance.
  111         (a) A credentialing entity may suspend or revoke a
  112  certification if the recovery residence is not in compliance
  113  with any provision of this section or has failed to remedy any
  114  deficiency identified by the credentialing entity within the
  115  specified time period specified.
  116         (b) A certified recovery residence must notify the
  117  credentialing entity within 3 business days after the removal of
  118  the recovery residence’s certified recovery residence
  119  administrator due to termination, resignation, or any other
  120  reason. The recovery residence must has 30 days to retain a
  121  certified recovery residence administrator within 30 days after
  122  such termination, resignation, or removal. The credentialing
  123  entity shall revoke the certificate of compliance of a certified
  124  any recovery residence that fails to comply with this paragraph.
  125         (c) If any owner, director, or chief financial officer of a
  126  certified recovery residence is arrested for or found guilty of,
  127  or enters a plea of guilty or nolo contendere to, regardless of
  128  adjudication, any offense listed in s. 435.04(2) while acting in
  129  that capacity, the certified recovery residence shall
  130  immediately remove the person from that position and shall
  131  notify the credentialing entity within 3 business days after
  132  such removal. The credentialing entity shall revoke the
  133  certificate of compliance of a recovery residence that fails to
  134  meet these requirements.
  135         (d) A credentialing entity shall revoke a recovery
  136  residence’s certificate of compliance if the recovery residence
  137  provides false or misleading information to the credentialing
  138  entity at any time.
  139         (e) Any decision by a department-recognized credentialing
  140  entity to deny, revoke, or suspend a certification, or otherwise
  141  impose sanctions on a recovery residence, is reviewable by the
  142  department. Upon receiving an adverse determination, the
  143  recovery residence may request an administrative hearing
  144  pursuant to ss. 120.569 and 120.57(1) within 30 days after
  145  completing any appeals process offered by the credentialing
  146  entity or the department, as applicable.
  147         (9) A person may not operate a recovery residence or
  148  advertise to the public, in any way or by any medium whatsoever,
  149  any recovery residence as a “certified recovery residence”
  150  unless such recovery residence has first secured a current and
  151  unsuspended certificate of compliance under this section or the
  152  recovery residence is authorized to operate without a
  153  certificate of compliance under subsection (2). A person who
  154  violates this subsection commits a misdemeanor of the first
  155  degree, punishable as provided in s. 775.082 or s. 775.083.
  156         (10)(a) A certified recovery residence may allow a minor
  157  child to visit a parent who is a resident of the recovery
  158  residence. However, provided that a minor child may not visit or
  159  remain in the recovery residence between the hours of 9 p.m. and
  160  7 a.m. unless:
  161         1. A court makes a specific finding that such visitation is
  162  in the best interest of the minor child; or
  163         2. The recovery residence is a specialized residence for
  164  pregnant women or parents whose children reside with them. Such
  165  recovery residences may allow children to visit or reside in the
  166  residence if the parent does not yet have a time-sharing plan
  167  pursuant to s. 61.13, provided that the parent files with the
  168  court for establishment of a plan within 14 days of moving into
  169  the residence.
  170         (b) A certified recovery residence may not allow a minor
  171  child to visit a parent who is a resident of the recovery
  172  residence at any time if any resident of the recovery residence
  173  is currently required to register as a sexual predator under s.
  174  775.21 or as a sexual offender under s. 943.0435.
  175         (11) Notwithstanding any landlord and tenant rights and
  176  obligations under chapter 83, a recovery residence that is
  177  certified under this section and has a discharge policy approved
  178  by a department-recognized credentialing entity may immediately
  179  discharge or transfer a resident in accordance with that policy
  180  under any of the following circumstances:
  181         (a) The discharge or transfer is necessary for the
  182  resident’s welfare.
  183         (b) The resident’s needs cannot be met at the recovery
  184  residence.
  185         (c) The health and safety of other residents or recovery
  186  residence employees is at risk or would be at risk if the
  187  resident continues to live at the recovery residence.
  188         Section 2. Subsections (1) and (2) of section 397.4871,
  189  Florida Statutes, are amended to read:
  190         397.4871 Recovery residence administrator certification.—
  191         (1) It is the intent of the Legislature that a recovery
  192  residence administrator voluntarily earn and maintain
  193  certification from a credentialing entity approved by the
  194  Department of Children and Families. The Legislature further
  195  intends that certification ensure that an administrator has the
  196  competencies necessary to appropriately respond to the needs of
  197  residents, to maintain residence standards, and to meet
  198  residence certification requirements.
  199         (2) The department shall approve at least one credentialing
  200  entity by December 1, 2015, for the purpose of developing and
  201  administering a voluntary credentialing program for
  202  administrators. Recovery residence administrators employed by a
  203  recovery residence before October 1, 2021, must obtain
  204  certification no later than April 1, 2022. Recovery residence
  205  administrators hired on or after October 1, 2021, must obtain
  206  certification before beginning employment at a recovery
  207  residence. The department shall approve any credentialing entity
  208  that the department endorses pursuant to s. 397.321(15) if the
  209  credentialing entity also meets the requirements of this
  210  section. The approved credentialing entity shall:
  211         (a) Establish recovery residence administrator core
  212  competencies, certification requirements, testing instruments,
  213  and recertification requirements.
  214         (b) Establish a process to administer the certification
  215  application, award, and maintenance processes.
  216         (c) Develop and administer:
  217         1. A code of ethics and disciplinary process.
  218         2. Biennial continuing education requirements and annual
  219  certification renewal requirements.
  220         3. An education provider program to approve training
  221  entities that are qualified to provide precertification training
  222  to applicants and continuing education opportunities to
  223  certified persons.
  224         Section 3. This act shall take effect October 1, 2021.