Florida Senate - 2025 CS for CS for CS for SB 954
By the Committee on Rules; the Appropriations Committee on
Health and Human Services; the Committee on Community Affairs;
and Senators Gruters and Rouson
595-03809-25 2025954c3
1 A bill to be entitled
2 An act relating to certified recovery residences;
3 amending s. 397.487, F.S.; requiring, by a specified
4 date, the governing body of each county or
5 municipality to adopt an ordinance to establish
6 procedures for the review and approval of certified
7 recovery residences; requiring that such ordinance
8 include a process for requesting reasonable
9 accommodations from any local land use regulation that
10 serves to prohibit the establishment of a certified
11 recovery residence; specifying criteria for the
12 ordinance; providing that the ordinance may establish
13 additional requirements for the review and approval of
14 reasonable accommodation requests; requiring that such
15 additional requirements be consistent with federal law
16 and not conflict with the act; prohibiting the
17 ordinance from requiring public hearings beyond the
18 minimum required by law; providing that the ordinance
19 may include provisions for revocation of a granted
20 accommodation for cause, if the accommodation is not
21 reinstated within a specified timeframe; providing
22 construction; amending s. 397.4871, F.S.; providing
23 that the personnel-to-resident ratio for a certified
24 recovery residence must be met only when the residents
25 are at the residence; providing that a certified
26 recovery residence administrator for Level IV
27 certified recovery residences which maintains a
28 specified personnel-to-patient ratio has a limitation
29 on the number of residents it may manage; providing an
30 effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsections (15) and (16) are added to section
35 397.487, Florida Statutes, to read:
36 397.487 Voluntary certification of recovery residences.—
37 (15)(a) By January 1, 2026, the governing body of each
38 county or municipality shall adopt an ordinance establishing
39 procedures for the review and approval of certified recovery
40 residences within its jurisdiction. The ordinance must include a
41 process for requesting reasonable accommodations from any local
42 land use regulation that serves to prohibit the establishment of
43 a certified recovery residence.
44 (b) At a minimum, the ordinance must:
45 1. Be consistent with the Fair Housing Amendments Act of
46 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans
47 with Disabilities Act, 42 U.S.C. ss. 12131 et seq.
48 2. Establish a written application process for requesting a
49 reasonable accommodation for the establishment of a certified
50 recovery residence, which application must be submitted to the
51 appropriate local government office.
52 3. Require the local government to date-stamp each
53 application upon receipt. If additional information is required,
54 the local government must notify the applicant in writing within
55 the first 30 days after receipt of the application and allow the
56 applicant at least 30 days to respond.
57 4. Require the local government to issue a final written
58 determination on the application within 60 days after receipt of
59 a completed application. The determination must:
60 a. Approve the request in whole or in part, with or without
61 conditions; or
62 b. Deny the request, stating with specificity the
63 objective, evidence-based reasons for denial and identifying any
64 deficiencies or actions necessary for reconsideration.
65 5. Provide that if a final written determination is not
66 issued within 60 days after receipt of a completed application,
67 the request is deemed approved unless the parties agree in
68 writing to a reasonable extension of time.
69 6. Require that the application include, at a minimum:
70 a. The name and contact information of the applicant or the
71 applicant’s authorized representative;
72 b. The property address and parcel identification number;
73 and
74 c. A description of the accommodation requested and the
75 specific regulation or policy from which relief is sought.
76 (c) The ordinance may establish additional requirements for
77 the review or approval of reasonable accommodation requests for
78 establishing a certified recovery residence, provided such
79 requirements are consistent with federal law and do not conflict
80 with this subsection.
81 (d) The ordinance may not require public hearings beyond
82 the minimum required by law to grant the requested
83 accommodation.
84 (e) The ordinance may include provisions for the revocation
85 of a granted accommodation of a certified recovery residence for
86 cause, including, but not limited to, a violation of the
87 conditions of approval or the lapse, revocation, or failure to
88 maintain certification or licensure required under this section,
89 if not reinstated within 180 days.
90 (f) The ordinance and establishment of a reasonable
91 accommodation process does not relieve the local government from
92 its obligations under the Fair Housing Amendments Act of 1988,
93 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with
94 Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for
95 which the applicant is seeking a reasonable accommodation must
96 not facially discriminate against or otherwise disparately
97 impact the applicant.
98 (16) The application of this section does not supersede any
99 current or future declaration or declaration of condominium
100 adopted pursuant to chapter 718; any cooperative document
101 adopted pursuant to chapter 719; or any declaration or
102 declaration of covenant adopted pursuant to chapter 720.
103 Section 2. Paragraph (c) of subsection (8) of section
104 397.4871, Florida Statutes, is amended to read:
105 397.4871 Recovery residence administrator certification.—
106 (8)
107 (c) Notwithstanding paragraph (b), a Level IV certified
108 recovery residence operating as community housing as defined in
109 s. 397.311(9), which residence is actively managed by a
110 certified recovery residence administrator approved for 100
111 residents under this section and is wholly owned or controlled
112 by a licensed service provider, may:
113 1. Actively manage up to 150 residents so long as the
114 licensed service provider maintains a service provider
115 personnel-to-patient ratio of 1 to 8 and maintains onsite
116 supervision at the residence during times when residents are at
117 the residence 24 hours a day, 7 days a week, with a personnel
118 to-resident ratio of 1 to 10.
119 2. Actively manage up to 300 residents, so long as the
120 licensed service provider maintains a service provider
121 personnel-to-patient ratio of 1 to 8 and maintains onsite
122 supervision at the residence during times when residents are at
123 the residence with a personnel-to-resident ratio of 1 to 6.
124
125 A certified recovery residence administrator who has been
126 removed by a certified recovery residence due to termination,
127 resignation, or any other reason may not continue to actively
128 manage more than 50 residents for another service provider or
129 certified recovery residence without being approved by the
130 credentialing entity.
131 Section 3. This act shall take effect July 1, 2025.