Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1010
Ì739498jÎ739498
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2023 .
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The Committee on Children, Families, and Elder Affairs (Gruters)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 40 - 181
4 and insert:
5 Section 1. Subsections (5) and (8) of section 397.487,
6 Florida Statutes, are amended to read:
7 397.487 Voluntary certification of recovery residences.—
8 (5) Upon receiving a completed complete application, a
9 credentialing entity shall conduct an onsite inspection of the
10 recovery residence to determine whether the applicant meets the
11 certification requirements.
12 (8) Periodic onsite followup monitoring of a certified
13 recovery residence may be conducted by the credentialing entity
14 to determine continuing compliance with certification
15 requirements. The credentialing entity shall inspect each
16 certified recovery residence at least annually to ensure
17 compliance with such certification requirements.
18 (a) A credentialing entity may suspend or revoke a
19 certification if the credentialing entity has made a written
20 determination that the recovery residence is not in compliance
21 with any provision of this section or has failed to remedy any
22 deficiency identified by the credentialing entity within the
23 time period specified.
24 (b) A certified recovery residence must notify the
25 credentialing entity within 3 business days after the removal of
26 the recovery residence’s certified recovery residence
27 administrator due to termination, resignation, or any other
28 reason. The recovery residence has 90 30 days to retain a
29 certified recovery residence administrator. The credentialing
30 entity shall initiate formal proceedings to revoke the
31 certificate of compliance of any recovery residence that fails
32 to comply with this paragraph.
33 (c) If any owner, director, or chief financial officer of a
34 certified recovery residence is arrested for or found guilty of,
35 or enters a plea of guilty or nolo contendere to, regardless of
36 adjudication, any offense listed in s. 435.04(2) while acting in
37 that capacity, the certified recovery residence shall
38 immediately remove the person from that position and shall
39 notify the credentialing entity within 3 business days after
40 such removal. The credentialing entity shall revoke the
41 certificate of compliance of a recovery residence that fails to
42 meet these requirements.
43 (d) A credentialing entity shall revoke a recovery
44 residence’s certificate of compliance if the recovery residence
45 provides false or misleading information to the credentialing
46 entity at any time.
47 (e) Any decision by a department-recognized credentialing
48 entity to deny, revoke, or suspend a certification, or otherwise
49 impose sanctions on a recovery residence, must be initiated by a
50 formal written notice provided to the recovery residence. The
51 recovery residence must have 90 days to cure the alleged
52 deficiency unless the alleged deficiency is an immediate threat
53 to the health, life, or safety of a resident or residents. If
54 the alleged deficiency is not cured within 90 days, the
55 credentialing entity may proceed with formal proceedings against
56 the recovery residence. The credentialing entity shall allow the
57 recovery residence to participate in all proceedings conducted
58 by the credentialing entity regarding the issues raised in the
59 formal written notice. The credentialing entity shall issue a
60 formal written notice of its final decision after the conclusion
61 of such proceedings, is reviewable by the department. Upon
62 receiving an adverse decision determination, the recovery
63 residence may request an administrative hearing pursuant to ss.
64 120.569 and 120.57 ss. 120.569 and 120.57(1) within 30 days
65 after the recovery residence receives formal written notice of
66 the final action taken completing any appeals process offered by
67 the credentialing entity. The credentialing entity must keep
68 written records of decisions made and proceedings conducted
69 pursuant to this paragraph and must make such records available
70 to the Division of Administrative Hearings upon request or the
71 department, as applicable.
72 Section 2. Paragraph (b) of subsection (8) of section
73 397.4871, Florida Statutes, is amended to read:
74 397.4871 Recovery residence administrator certification.—
75 (8)
76 (b) A certified recovery residence administrator may not
77 actively manage more than 50 residents at any given time unless
78 written justification is provided to, and approved by, the
79 credentialing entity as to how the administrator is able to
80 effectively and appropriately respond to the needs of the
81 residents, to maintain residence standards, and to meet the
82 residence certification requirements of this section. However, A
83 certified recovery residence administrator may not actively
84 manage more than 100 residents at any given time. However, a
85 credentialing entity may approve a certified recovery residence
86 administrator to actively manage up to 250 residents if such
87 administrator’s recovery residence provides therapeutic housing
88 and ancillary services exclusively to a licensed service
89 provider and if the licensed service provider maintains a ratio
90 of at least 1 supervisory employee to 8 residents. A certified
91 recovery residence administrator approved under this paragraph
92 to manage more than 100 residents who has been removed by a
93 recovery residence due to termination, resignation, or any other
94 reason may not continue to actively manage more than 100
95 residents for another recovery residence without being
96 reapproved by the credentialing entity pursuant to this
97 paragraph.
98
99 ================= T I T L E A M E N D M E N T ================
100 And the title is amended as follows:
101 Delete lines 3 - 35
102 and insert:
103 services; amending s. 397.487, F.S.; specifying the
104 purpose of certain inspections by credentialing
105 entities; revising authorizations relating to onsite
106 monitoring of certified recovery residences by
107 credentialing entities; revising requirements relating
108 to the removal and replacement of certified recovery
109 residence administrators; revising requirements
110 relating to credentialing entities denying, revoking,
111 or suspending certifications or imposing sanctions on
112 a recovery residence; requiring credentialing entities
113 to keep specified records and make such records
114 available to the Division of Administrative Hearings
115 upon request; amending s. 397.4871, F.S.; authorizing
116 credentialing entities to approve certain certified
117 recovery residence administrators to actively manage
118 up to a specified number of residents if certain
119 requirements are met; prohibiting certain certified
120 recovery residence administrators who have been
121 removed from a recovery residence from continuing to
122 actively manage more than a specified number of
123 residents without being reapproved by a credentialing
124 entity; providing