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