Florida Senate - 2025                       CS for CS for SB 954
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Community Affairs; and Senators Gruters and
       Rouson
       
       
       
       603-03582-25                                           2025954c2
    1                        A bill to be entitled                      
    2         An act relating to certified recovery residences;
    3         amending s. 397.487, F.S.; providing that certain
    4         recovery residences are deemed a nontransient
    5         residential use of land for a specified purpose;
    6         prohibiting a local law, ordinance, or regulation from
    7         prohibiting or regulating a certified recovery
    8         residence in a multifamily structure; requiring a
    9         municipality or county to allow certain certified
   10         recovery residences in specified zoned districts
   11         without the need to obtain changes in certain zoning
   12         or land use; specifying the allowable use of such
   13         certified recovery residences; authorizing a
   14         municipality or county to deny the establishment of a
   15         certified Level IV recovery residence if the proposed
   16         use is adjacent to, or on two or more sides of, a
   17         parcel zoned for a specified use and within a certain
   18         single-family residential development; defining the
   19         term “adjacent to”; providing applicability; amending
   20         s. 397.4871, F.S.; providing that the personnel-to
   21         resident ratio for a certified recovery residence must
   22         be met only when the residents are at the residence;
   23         providing that a certified recovery residence
   24         administrator for Level IV certified recovery
   25         residences which maintains a specified personnel-to
   26         patient ratio has a limitation on the number of
   27         residents it may manage; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (15) is added to section 397.487,
   32  Florida Statutes, to read:
   33         397.487 Voluntary certification of recovery residences.—
   34         (15)(a)A certified recovery residence that does not occupy
   35  a community or structure that is governed by a condominium
   36  association under chapter 718, or which fully occupies a
   37  community or structure that is governed by a condominium
   38  association under chapter 718, is deemed a nontransient
   39  residential use for purposes of all local zoning ordinances. A
   40  local law, ordinance, or regulation may not prohibit certified
   41  recovery residences or regulate the duration or frequency of use
   42  of a certified recovery residence in a multifamily structure.
   43         (b) A municipality or county shall allow the establishment
   44  of a certified recovery residence in all districts zoned
   45  multifamily residential and shall allow a structure originally
   46  constructed and permitted for multifamily purposes to be used as
   47  a certified recovery residence, allowing up to two residents per
   48  bedroom, without obtaining a zoning or a land use change, a
   49  special exception, a conditional use approval, a variance, or a
   50  comprehensive plan amendment for the zoning and densities
   51  authorized under this subsection.
   52         (c) A municipality or county may deny the establishment of
   53  a Level IV certified recovery residence if the proposed use is
   54  adjacent to, or on two or more sides of, a parcel zoned for
   55  single-family residential use and is within a single-family
   56  residential development with at least 25 contiguous single
   57  family homes. For the purposes of this paragraph, the term
   58  “adjacent to” means those properties sharing more than one point
   59  of a property line, but the term does not include properties
   60  separated by a public road.
   61         (d) This subsection applies to certified recovery residence
   62  providers that were voluntarily certified by the credentialing
   63  entity pursuant to this section on or before July 1, 2025.
   64         Section 2. Paragraph (c) of subsection (8) of section
   65  397.4871, Florida Statutes, is amended to read:
   66         397.4871 Recovery residence administrator certification.—
   67         (8)
   68         (c) Notwithstanding paragraph (b), a Level IV certified
   69  recovery residence operating as community housing as defined in
   70  s. 397.311(9), which residence is actively managed by a
   71  certified recovery residence administrator approved for 100
   72  residents under this section and is wholly owned or controlled
   73  by a licensed service provider, may:
   74         1. Actively manage up to 150 residents so long as the
   75  licensed service provider maintains a service provider
   76  personnel-to-patient ratio of 1 to 8 and maintains onsite
   77  supervision at the residence during times when residents are at
   78  the residence 24 hours a day, 7 days a week, with a personnel
   79  to-resident ratio of 1 to 10.
   80         2. Actively manage up to 300 residents, so long as the
   81  licensed service provider maintains a service provider
   82  personnel-to-patient ratio of 1 to 8 and maintains onsite
   83  supervision at the residence during times when residents are at
   84  the residence with a personnel-to-resident ratio of 1 to 6.
   85  
   86  A certified recovery residence administrator who has been
   87  removed by a certified recovery residence due to termination,
   88  resignation, or any other reason may not continue to actively
   89  manage more than 50 residents for another service provider or
   90  certified recovery residence without being approved by the
   91  credentialing entity.
   92         Section 3. This act shall take effect July 1, 2025.