SESSION WATCH
THE BILL ITSELF

HB 1165

Certified Recovery Residences

VERSION H 1165 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to certified recovery residences;
3 creating a short title; amending s. 397.311, F.S.;
4 revising definitions; amending s. 397.487, F.S.;
5 revising legislative findings; requiring any person,
6 entity, or organization that owns, operates, or
7 manages a recovery residence to obtain and maintain
8 certification through the Department of Children and
9 Families; requiring recovery residences operating on a
10 specified date to apply to the department for
11 certification by a specified date; authorizing such
12 recovery residences to continue to operate
13 conditionally during the application process unless
14 suspended or denied; requiring the department to
15 approve at least one credentialing entity with certain
16 expertise; requiring that such credentialing entity be
17 affiliated with the National Alliance for Recovery
18 Residences; deleting a requirement that the
19 certification program is voluntary; deleting obsolete
20 language; specifying the criteria for active
21 management of a recovery residence; deleting a
22 requirement that a recovery residence be certified and
23 have a discharge policy approved by a department-
24 recognized credentialing entity before immediately
25 discharging or transferring a resident; revising a
26 provision prohibiting certified recovery residences
27 from denying admission to an individual solely because
28 that person is prescribed federally approved
29 medication for the treatment of a substance use
30 disorder to be consistent with the Americans with
31 Disabilities Act and the Fair Housing Act; authorizing
32 a recovery residence to conduct an individualized
33 assessment to determine whether admitting a specified
34 individual would fundamentally alter the nature of the
35 recovery residence's operations based on objective,
36 individualized evidence; providing that such
37 assessment may not be based on program philosophy or
38 generalized assumptions; requiring the Department of
39 Children and Families to adopt rules consistent with
40 federal guidance; providing construction; authorizing
41 a recovery residence operating as a 100-percent
42 abstinence-based program to restrict admission to
43 certain individuals under specified circumstances;
44 requiring the department to adopt rules and establish
45 certain standards; making technical changes; amending
46 s. 397.4871, F.S.; revising legislative intent;
47 deleting a provision that the credentialing program
48 for recovery residence administrator certification is
49 voluntary; making technical changes; amending s.
50 397.4873, F.S.; deleting a requirement that a licensed
51 service provider may not make a referral of a
52 prospective, current, or discharged patient to a
53 recovery residence if such recovery residence is not
54 actively managed by a certified recovery residence
55 administrator; revising applicability; amending s.
56 633.208, F.S.; conforming a cross-reference;
57 reenacting ss. 61.13(9)(a) and (b), 553.80(10) and
58 893.13(1)(h), F.S., relating to support of children
59 and parenting and time-sharing, enforcement, and
60 prohibited acts and penalties, respectively, to
61 incorporate the amendment made to s. 397.311, F.S., in
62 references thereto; providing an effective date.
64 WHEREAS, the Legislature recognizes that recovery
65 residences play a vital role in sustaining long-term recovery
66 from substance use disorders by providing safe, stable, and
67 supported living environments, and
68 WHEREAS, the Legislature further finds that the absence of
69 consistent statewide standards for the ownership, management,
70 and operation of recovery residences has led to confusion,
71 exploitation, and consumer harm among individuals seeking
72 recovery, and
73 WHEREAS, in 2015, the Legislature enacted s. 397.311,
74 Florida Statutes, to establish a framework for voluntary
75 certification, but experience has demonstrated that voluntary
76 compliance alone is insufficient to ensure resident safety and
77 the integrity of Florida's recovery housing system, and
78 WHEREAS, it is the intent of the Legislature to strengthen
79 the protections originally established by s. 397.311, Florida
80 Statutes, by requiring certification of all recovery residences,
81 revising levels of structured support to reflect the needs of
82 persons in recovery, and ensuring that certified recovery
83 residence administrators are qualified, accountable, and
84 ethically bound to uphold the highest standards of care, and
85 WHEREAS, the Legislature further finds that recovery
86 residences, when operated in accordance with nationally
87 recognized standards, reduce relapse, homelessness, and
88 recidivism, and thereby promote individual recovery, family
89 reunification, and public safety, while reducing the overall
90 cost of care to the state, NOW, THEREFORE,
92 Be It Enacted by the Legislature of the State of Florida:
94 Section 1. This act may be cited as the "Recovery
95 Residence Accountability and Protection Act of 2025."
96 Section 2. Subsections (5), (9), (39), and (40) of section
97 397.311, Florida Statutes, are amended to read:
98 397.311 Definitions.—As used in this chapter, except part
99 VIII, the term:
100 (5) "Certified Recovery residence" means a recovery
101 residence that holds a valid certificate of compliance and is
102 actively managed by a certified recovery residence
103 administrator.
104 (a) A Level I certified recovery residence houses
105 individuals in recovery who have completed treatment, with a
106 minimum of 9 months of sobriety. A Level I certified recovery
107 residence may be is democratically run by the members who reside
108 in the home, or have a person designated as a house manager or a
109 peer leader who has a lived experience in recovery available for
110 resident oversight and support. Residents are expected to follow
111 rules outlined in a resident handbook. Residents must pay rent
112 and work toward achieving realistic and defined milestones
113 within a chosen recovery path.
114 (b) A Level II certified recovery residence encompasses
115 the traditional perspectives of sober living homes. Residents
116 are monitored by There is oversight from a house manager who has
117 lived experience with living in recovery, and. Residents are
118 expected to follow rules outlined in a resident handbook
119 provided by the certified recovery residence administrator.
120 Residents must pay rent dues, if applicable, and work toward
121 achieving realistic and defined milestones within a chosen
122 recovery path. Residents who are receiving outpatient services
123 from a licensed service provider are permitted so long as the
124 Level II recovery residence has no affiliation, pecuniary or
125 otherwise, with that licensed service provider.
126 (c) A Level III certified recovery residence delivers
127 weekly nonclinical structured programming, including peer-based
128 and other recovery support services such as recovery and
129 resiliency groups, person-driven recovery plans, 12-step
130 immersion, faith-based services, or some other form of
131 nonclinical recovery services or programming, and life skills
132 development programming such as meal preparation, job readiness,
133 or budgeting. A Level III certified recovery residence provides
134 offers higher supervision by staff with formal training to
135 ensure resident accountability. Level III certified recovery
136 residences support populations that need more intense support in
137 developing recovery capital than provided by Level I or Level II
138 recovery residences. Such residences must be are staffed 24
139 hours a day, 7 days a week, and offer residents peer-support
140 services, which may include, but are not limited to, life skill
141 mentoring, recovery planning, and meal preparation. Clinical
142 services may be procured through unaffiliated third parties,
143 however, such services may not be performed at the residence.
144 Such residences are most appropriate for persons who require a
145 more structured environment during early recovery from
146 addiction.
147 (d) A Level IV certified recovery residence is a residence
148 offered, referred to, or provided by, a licensed service
149 provider to its patients who are required to reside at the
150 residence while receiving intensive outpatient and higher levels
151 of outpatient care. Such residences must be are staffed 24 hours
152 a day and combine outpatient licensable services with recovery
153 residential living. Residents are required to follow a treatment
154 plan and attend group and individual sessions, in addition to
155 developing a recovery plan within the social model of living in
156 a sober lifestyle. No Clinical services may not be are provided
157 at the residence and all licensable services are provided
158 offsite.
159 (9) "Community housing" means a certified recovery
160 residence offered, referred to, or provided by a licensed
161 service provider that provides housing to its patients who are
162 required to reside at the residence while receiving intensive
163 outpatient and higher levels of outpatient care. A certified
164 recovery residence used by a licensed service provider which
165 that meets the definition of community housing shall be
166 classified as a Level IV level of support, as described in
167 subsection (5).
168 (39) "Recovery residence" or "certified recovery
169 residence" means a residential dwelling unit, whether single- or
170 multi-family, the community housing component of a licensed day
171 or night treatment facility with community housing, or any other
172 form of group housing, which is represented, offered, or
173 advertised to the public as providing a living environment for
174 persons recovering from substance use disorders. A recovery
175 residence must hold a valid certificate of compliance pursuant
176 to s. 397.487 through any means, including oral, written,
177 electronic, or printed means, by any person or entity as a
178 residence that provides a peer-supported, alcohol-free, and
179 drug-free living environment.
180 (40) "Recovery residence administrator" means the person
181 responsible for overall management of the recovery residence who
182 holds a valid certificate of compliance pursuant to s. 397.4871,
183 including, but not limited to, the supervision of residents and
184 staff employed by, or volunteering for, the residence.
185 Section 3. Section 397.487, Florida Statutes, is amended
186 to read:
187 397.487 Voluntary Certification of recovery residences.—
188 (1) The Legislature finds that recovery residences play a
189 vital role in sustaining long-term recovery from substance use
190 disorders by providing safe, stable, and supported living
191 environments. The Legislature further finds that the absence of
192 consistent statewide standards for the ownership, management,
193 and operation of recovery residences has led to confusion,
194 exploitation, and consumer harm among individuals seeking
195 recovery. The Legislature enacted this section to establish a
196 framework for voluntary certification, but experience has
197 demonstrated that voluntary compliance alone is insufficient to
198 ensure resident safety, the integrity of Florida's recovery
199 housing system, and the protection of persons in recovery, who
200 have historically been subjected to exploitation and abuse by
201 unscrupulous operators of uncertified recovery residences in
202 this state. It is the intent of the Legislature to strengthen
203 the protections originally established by this section by
204 requiring the certification of all recovery residences, revising
205 levels of structured support to reflect the needs of persons in
206 recovery, and ensuring that certified recovery residence
207 administrators are qualified, accountable, and ethically bound
208 to uphold the highest standards of care. The Legislature further
209 finds that recovery residences, when operated in accordance with
210 nationally recognized standards, reduce relapse, homelessness,
211 and recidivism, thereby promoting individual recovery, family
212 reunification, and resident safety, while reducing the overall
213 cost of care to the state a person suffering from addiction has
214 a higher success rate of achieving long-lasting sobriety when
215 given the opportunity to build a stronger foundation by living
216 in a recovery residence while receiving treatment or after
217 completing treatment. The Legislature further finds that this
218 state and its subdivisions have a legitimate state interest in
219 protecting these persons, who represent a vulnerable consumer
220 population in need of adequate housing. It is the intent of the
221 Legislature to protect persons who reside in a recovery
222 residence.
223 (2) Any person, entity, or organization that owns,
224 operates, or manages a recovery residence must obtain and
225 maintain certification in accordance with this section. It is
226 unlawful to operate a recovery residence without such
227 certification. Recovery residences operating as of July 1, 2026,
228 must apply for certification no later than January 1, 2027, and
229 may operate conditionally during the application process, unless
230 suspended or denied. The department shall approve at least one
231 credentialing entity with demonstrated expertise in recovery
232 housing operations and compliance monitoring which is affiliated
233 with the National Alliance for Recovery Residences by December
234 1, 2015, for the purpose of developing and administering a
235 voluntary certification program for recovery residences. The
236 approved credentialing entity shall:
237 (a) Establish recovery residence certification
238 requirements.
239 (b) Establish procedures to:
240 1. Administer the application, certification,
241 recertification, and disciplinary processes.
242 2. Monitor and inspect a recovery residence and its staff
243 to ensure compliance with certification requirements.
244 3. Interview and evaluate residents, employees, and
245 volunteer staff on their knowledge and application of
246 certification requirements.
247 (c) Provide training for owners, managers, and staff.
248 (d) Develop a code of ethics.
249 (e) Establish application, inspection, and annual
250 certification renewal fees. The application fee may not exceed
251 $100. Any onsite inspection fee shall reflect actual costs for
252 inspections. The annual certification renewal fee may not exceed
253 $100.
254 (3) A credentialing entity shall require the recovery
255 residence to submit the following documents with the completed
256 application and fee:
257 (a) A policy and procedures manual containing:
258 1. Job descriptions for all staff positions.
259 2. Drug-testing procedures and requirements.
260 3. A prohibition on the premises against alcohol,
261 marijuana, illegal drugs, and the use of prescribed medications
262 by an individual other than the individual for whom the
263 medication is prescribed. For the purposes of this subsection,
264 "marijuana" includes marijuana that has been certified by a
265 qualified physician for medical use in accordance with s.
266 381.986.
267 4. Policies to support a resident's recovery efforts.
268 5. A good neighbor policy to address neighborhood concerns
269 and complaints.
270 (b) Rules for residents.
271 (c) Copies of all forms provided to residents.
272 (d) Intake procedures.
273 (e) Sexual predator and sexual offender registry
274 compliance policy.
275 (f) Relapse policy.
276 (g) Fee schedule.
277 (h) Refund policy.
278 (i) Eviction procedures and policy.
279 (j) Code of ethics.
280 (k) Proof of insurance.
281 (l) Proof of background screening.
282 (m) Proof of satisfactory fire, safety, and health
283 inspections.
284 (4) A certified recovery residence must be actively
285 managed by a certified recovery residence administrator. All
286 applications for certification must include the name of the
287 certified recovery residence administrator who will be actively
288 managing the applicant recovery residence. Active management of
289 a recovery residence includes:
290 (a) Ensuring compliance with certification requirements,
291 including site management, ethical practices, and record
292 keeping.
293 (b) Overseeing staff management and training.
294 (c) Developing programs and activities that provide
295 recovery support to residents.
296 (d) Crisis management, including interaction with medical
297 professionals, law enforcement, and emergency management.
298 (e) Continuous improvement in recovery management and
299 addiction recovery support.
300 (5) Upon receiving a complete application, a credentialing
301 entity shall conduct an onsite inspection of the recovery
302 residence.
303 (6) All owners, directors, and chief financial officers of
304 an applicant recovery residence are subject to level 2
305 background screening as provided under s. 408.809 and chapter
306 435. A recovery residence is ineligible for certification, and a
307 credentialing entity must shall deny a recovery residence's
308 application, if any owner, director, or chief financial officer
309 has been found guilty of, or has entered a plea of guilty or
310 nolo contendere to, regardless of adjudication, any offense
311 listed in s. 408.809(4) or s. 435.04(2) unless the department
312 has issued an exemption under s. 435.07. Exemptions from
313 disqualification applicable to service provider personnel
314 pursuant to s. 397.4073 or s. 435.07 shall apply to this
315 subsection. In accordance with s. 435.04, the department shall
316 notify the credentialing agency of an owner's, director's, or
317 chief financial officer's eligibility based on the results of
318 his or her background screening.
319 (7) A credentialing entity shall issue a certificate of
320 compliance upon approval of the recovery residence's application
321 and inspection. The certification shall automatically terminates
322 terminate 1 year after issuance if not renewed.
323 (8) Onsite follow-up followup monitoring of a certified
324 recovery residence may be conducted by the credentialing entity
325 to determine continuing compliance with certification
326 requirements. The credentialing entity shall inspect each
327 certified recovery residence at least annually to ensure
328 compliance.
329 (a) A credentialing entity may suspend or revoke a
330 certification if the recovery residence is not in compliance
331 with any provision of this section or has failed to remedy any
332 deficiency identified by the credentialing entity within the
333 time period specified.
334 (b) A certified recovery residence must notify the
335 credentialing entity within 3 business days after the removal of
336 the recovery residence's certified recovery residence
337 administrator due to termination, resignation, or any other
338 reason. The certified recovery residence has 90 days to retain a
339 certified recovery residence administrator. The credentialing
340 entity must revoke the certificate of compliance of any
341 certified recovery residence that fails to comply with this
342 paragraph.
343 (c) If a certified recovery residence's administrator has
344 been removed due to termination, resignation, or any other
345 reason and had been previously approved to actively manage more
346 than 50 residents pursuant to s. 397.4871(8)(b), the certified
347 recovery residence has 90 days to retain another certified
348 recovery residence administrator pursuant to s. 397.4871. The
349 credentialing entity must revoke the certificate of compliance
350 of any certified recovery residence that fails to comply with
351 this paragraph.
352 (d) If any owner, director, or chief financial officer of
353 a certified recovery residence is arrested and awaiting
354 disposition for or found guilty of, or enters a plea of guilty
355 or nolo contendere to, regardless of whether adjudication is
356 withheld, any offense listed in s. 435.04(2) while acting in
357 that capacity, the certified recovery residence must immediately
358 remove the person from that position and notify the
359 credentialing entity within 3 business days after such removal.
360 The credentialing entity must revoke the certificate of
361 compliance of a certified recovery residence that fails to meet
362 these requirements.
363 (e) A credentialing entity shall revoke a certified
364 recovery residence's certificate of compliance if the certified
365 recovery residence provides false or misleading information to
366 the credentialing entity at any time.
367 (f) Any decision by a department-recognized credentialing
368 entity to deny, revoke, or suspend a certification, or otherwise
369 impose sanctions on a certified recovery residence, is
370 reviewable by the department. Upon receiving an adverse
371 determination, the certified recovery residence may request an
372 administrative hearing pursuant to ss. 120.569 and 120.57(1)
373 within 30 days after completing any appeals process offered by
374 the credentialing entity or the department, as applicable.
375 (9) A person may not advertise to the public, in any way
376 or by any medium whatsoever, any recovery residence as a
377 "certified recovery residence" unless such recovery residence
378 has first secured a certificate of compliance under this
379 section. A person who violates this subsection commits a
380 misdemeanor of the first degree, punishable as provided in s.
381 775.082 or s. 775.083.
382 (10)(a) A certified recovery residence may allow a minor
383 child to visit a parent who is a resident of the recovery
384 residence, provided that a minor child may not visit or remain
385 in the recovery residence between the hours of 9 p.m. and 7 a.m.
386 unless:
387 1. A court makes a specific finding that such visitation
388 is in the best interest of the minor child; or
389 2. The recovery residence is a specialized residence for
390 pregnant women or parents whose children reside with them. Such
391 recovery residences may allow children to visit or reside in the
392 residence if the parent does not yet have a time-sharing plan
393 pursuant to s. 61.13, provided that the parent files with the
394 court for establishment of a plan within 14 days of moving into
395 the residence.
396 (b) A certified recovery residence may not allow a minor
397 child to visit a parent who is a resident of the recovery
398 residence at any time if any resident of the recovery residence
399 is currently required to register as a sexual predator under s.
400 775.21 or as a sexual offender under s. 943.0435.
401 (11) Notwithstanding any landlord and tenant rights and
402 obligations under chapter 83, a recovery residence that is
403 certified under this section and has a discharge policy approved
404 by a department-recognized credentialing entity may immediately
405 discharge or transfer a resident in accordance with that policy
406 under any of the following circumstances:
407 (a) The discharge or transfer is necessary for the
408 resident's welfare.
409 (b) The resident's needs cannot be met at the recovery
410 residence.
411 (c) The health and safety of other residents or recovery
412 residence employees is at risk or would be at risk if the
413 resident continues to live at the recovery residence.
414 (12) Any person discharged from a recovery residence under
415 subsection (11) who willfully refuses to depart after being
416 warned by the owner or an authorized employee of the recovery
417 residence commits the offense of trespass in a recovery
418 residence, a misdemeanor of the second degree, punishable as
419 provided in s. 775.082 or s. 775.083.
420 (13)(a) Consistent with the Americans with Disabilities
421 Act and the Fair Housing Act, a recovery residence may not deny
422 admission to an individual solely because he or she is
423 prescribed federally approved medication for the treatment of a
424 substance use disorder.
425 (b) A recovery residence may conduct an individualized
426 assessment to determine whether admitting a specific individual
427 would fundamentally alter the nature of the recovery residence's
428 operations based on objective, individualized evidence, and not
429 on program philosophy or generalized assumptions.
430 (c) The department shall adopt rules establishing
431 procedures for individualized assessments, documentation,
432 reasonable accommodations, and resident rights which are
433 consistent with federal guidance.
434 (d) This subsection may not be construed to authorize
435 blanket policies or program-wide exclusions of individuals who
436 take federally approved medication for the treatment of a
437 substance use disorder.
438 (e) Beginning January 1, 2025, A certified recovery
439 residence may not deny an individual access to housing solely on
440 the basis that he or she has been prescribed federally approved
441 medication that assists with treatment for substance use
442 disorders; however, a recovery residence operating as a 100-
443 percent abstinence-based program may restrict admission to
444 individuals currently using medication-assisted treatment if the
445 admission of such individuals would fundamentally alter the
446 nature of the program's abstinence-based model, as authorized by
447 29 C.F.R. s. 35.130(b)(7). The department shall adopt rules to
448 define the term "abstinence-based recovery residence" and
449 establish standards ensuring transparency and consumer choice
450 consistent with the Americans with Disabilities Act and the Fair
451 Housing Act by a licensed physician, a physician's assistant, or
452 an advanced practice registered nurse registered under s.
453 464.0123.
454 (14) A local ordinance or regulation may not further
455 regulate the duration or frequency of a resident's stay in a
456 certified recovery residence located within a multifamily zoning
457 district after June 30, 2024. This provision expires shall
458 expire July 1, 2026.
459 (15)(a) By January 1, 2026, the governing body of each
460 county or municipality shall adopt an ordinance establishing
461 procedures for the review and approval of certified recovery
462 residences within its jurisdiction. The ordinance must include a
463 process for requesting reasonable accommodations from any local
464 land use regulation that serves to prohibit the establishment of
465 a certified recovery residence.
466 (b) At a minimum, the ordinance must:
467 1. Be consistent with the Fair Housing Amendments Act of
468 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans
469 with Disabilities Act, 42 U.S.C. ss. 12131 et seq.
470 2. Establish a written application process for requesting
471 a reasonable accommodation for the establishment of a certified
472 recovery residence, which application must be submitted to the
473 appropriate local government office.
474 3. Require the local government to date stamp each
475 application upon receipt. If additional information is required,
476 the local government must notify the applicant in writing within
477 the first 30 days after receipt of the application and allow the
478 applicant at least 30 days to respond.
479 4. Require the local government to issue a final written
480 determination on the application within 60 days after receipt of
481 a completed application. The determination must:
482 a. Approve the request in whole or in part, with or
483 without conditions; or
484 b. Deny the request, stating with specificity the
485 objective, evidence-based reasons for denial and identifying any
486 deficiencies or actions necessary for reconsideration.
487 5. Provide that if a final written determination is not
488 issued within 60 days after receipt of a completed application,
489 the request is deemed approved unless the parties agree in
490 writing to a reasonable extension of time.
491 6. Require that the application include, at a minimum:
492 a. The name and contact information of the applicant or
493 the applicant's authorized representative;
494 b. The property address and parcel identification number;
495 and
496 c. A description of the accommodation requested and the
497 specific regulation or policy from which relief is sought.
498 (c) The ordinance may establish additional requirements
499 for the review or approval of reasonable accommodation requests
500 for establishing a certified recovery residence, provided such
501 requirements are consistent with federal law and do not conflict
502 with this subsection.
503 (d) The ordinance may not require public hearings beyond
504 the minimum required by law to grant the requested
505 accommodation.
506 (e) The ordinance may include provisions for the
507 revocation of a granted accommodation of a certified recovery
508 residence for cause, including, but not limited to, a violation
509 of the conditions of approval or the lapse, revocation, or
510 failure to maintain certification or licensure required under
511 this section, if not reinstated within 180 days.
512 (f) The ordinance and establishment of a reasonable
513 accommodation process does not relieve the local government from
514 its obligations under the Fair Housing Amendments Act of 1988,
515 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with
516 Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for
517 which the applicant is seeking a reasonable accommodation must
518 not facially discriminate against or otherwise disparately
519 impact the applicant.
520 (16) The application of this section does not supersede
521 any current or future declaration or declaration of condominium
522 adopted pursuant to chapter 718; any cooperative document
523 adopted pursuant to chapter 719; or any declaration or
524 declaration of covenant adopted pursuant to chapter 720.
525 Section 4. Subsections (1), (2), (7), and (8) of section
526 397.4871, Florida Statutes, are amended to read:
527 397.4871 Recovery residence administrator certification.—
528 (1) It is the intent of the Legislature that a recovery
529 residence administrator voluntarily earn and maintain
530 certification from a credentialing entity approved by the
531 Department of Children and Families. The Legislature further
532 intends that certification ensure that an administrator has the
533 competencies necessary to appropriately respond to the needs of
534 residents, to maintain residence standards, and to meet
535 residence certification requirements.
536 (2) The department shall approve at least one
537 credentialing entity by December 1, 2015, for the purpose of
538 developing and administering a voluntary credentialing program
539 for administrators. The department shall approve any
540 credentialing entity that the department endorses pursuant to s.
541 397.321(15) if the credentialing entity also meets the
542 requirements of this section. The approved credentialing entity
543 shall:
544 (a) Establish recovery residence administrator core
545 competencies, certification requirements, testing instruments,
546 and recertification requirements.
547 (b) Establish a process to administer the certification
548 application, award, and maintenance processes.
549 (c) Develop and administer:
550 1. A code of ethics and disciplinary process.
551 2. Biennial continuing education requirements and annual
552 certification renewal requirements.
553 3. An education provider program to approve training
554 entities that are qualified to provide precertification training
555 to applicants and continuing education opportunities to
556 certified persons.
557 (7) A person may not advertise himself or herself to the
558 public, in any way or by any medium whatsoever, as a "certified
559 recovery residence administrator" unless he or she has first
560 secured a certificate of compliance under this section. A person
561 who violates this subsection commits a misdemeanor of the first
562 degree, punishable as provided in s. 775.082 or s. 775.083.
563 (8)(a) A certified recovery residence administrator must
564 demonstrate the ability to effectively and appropriately respond
565 to the needs of residents, to maintain residence standards, and
566 to meet the certification requirements of this section.
567 (b) A certified recovery residence administrator may not
568 actively manage more than 50 residents at any given time unless
569 written justification is provided to, and approved by, the
570 credentialing entity as to how the administrator is able to
571 effectively and appropriately respond to the needs of the
572 residents, to maintain residence standards, and to meet the
573 residence certification requirements of this section. However, a
574 certified recovery residence administrator may not actively
575 manage more than 100 residents at any given time.
576 (c) Notwithstanding paragraph (b), a Level IV certified
577 recovery residence operating as community housing as defined in
578 s. 397.311(9), which residence is actively managed by a
579 certified recovery residence administrator approved for 100
580 residents under this section and is wholly owned or controlled
581 by a licensed service provider, may:
582 1. Actively manage up to 150 residents so long as the
583 licensed service provider maintains a service provider
584 personnel-to-patient ratio of 1 to 8 and maintains onsite
585 supervision at the residence during times when residents are at
586 the residence with a personnel-to-resident ratio of 1 to 10.
587 2. Actively manage up to 300 residents, so long as the
588 licensed service provider maintains a service provider
589 personnel-to-patient ratio of 1 to 8 and maintains onsite
590 supervision at the residence during times when residents are at
591 the residence with a personnel-to-resident ratio of 1 to 6.
593 A certified recovery residence administrator who has been
594 removed by a certified recovery residence due to termination,
595 resignation, or any other reason may not continue to actively
596 manage more than 50 residents for another service provider or
597 certified recovery residence without being approved by the
598 credentialing entity.
599 Section 5. Subsections (1) and (2) of section 397.4873,
600 Florida Statutes, are amended to read:
601 397.4873 Referrals to or from recovery residences;
602 prohibitions; penalties.—
603 (1) A service provider licensed under this part may not
604 make a referral of a prospective, current, or discharged patient
605 to, or accept a referral of such a patient from, a recovery
606 residence unless the recovery residence holds a valid
607 certificate of compliance as provided in s. 397.487 and is
608 actively managed by a certified recovery residence administrator
609 as provided in s. 397.4871.
610 (2) Subsection (1) does not apply to:
611 (a) A licensed service provider under contract with a
612 managing entity as defined in s. 394.9082.
613 (b) Referrals by a recovery residence to a licensed
614 service provider when the recovery residence or its owners,
615 directors, operators, or employees do not benefit, directly or
616 indirectly, from the referral.
617 (c) Referrals made before July 1, 2018, by a licensed
618 service provider to that licensed service provider's wholly
619 owned subsidiary.
620 (d) the referral of a patient to, or acceptance of a
621 referral of such a patient from, a recovery residence that has
622 no direct or indirect financial or other referral relationship
623 with the licensed service provider and that is democratically
624 operated by its residents pursuant to a charter from an entity
625 recognized or sanctioned by Congress, and where the residence or
626 any resident of the residence does not receive a benefit,
627 directly or indirectly, for the referral.
628 Section 6. Subsection (11) of section 633.208, Florida
629 Statutes, is amended to read:
630 633.208 Minimum firesafety standards.—
631 (11) Notwithstanding subsection (8), a single-family or
632 two-family dwelling that is a certified recovery residence, as
633 defined in s. 397.311, or that is a recovery residence, as
634 defined in s. 397.311, that has a charter from an entity
635 recognized or sanctioned by Congress may not be reclassified for
636 purposes of enforcing the Florida Fire Prevention Code solely
637 due to such use.
638 Section 7. For the purpose of incorporating the amendment
639 made by this act to section 397.311, Florida Statutes, in references thereto, paragraphs (a) and (b) of subsection (9) of
641 section 61.13, Florida Statutes, are reenacted to read:
642 61.13 Support of children; parenting and time-sharing;
643 powers of court.—
644 (9)(a) A time-sharing plan may not require that a minor
645 child visit a parent who is a resident of a recovery residence,
646 as defined by s. 397.311, between the hours of 9 p.m. and 7
647 a.m., unless the court makes a specific finding that such
648 visitation is in the best interest of the child. In determining
649 the best interest of the minor child in such cases, the court
650 shall take into account factors including, but not limited to,
651 whether the parent resides in a specialized residence for
652 pregnant women or parents whose children reside with them, the
653 number of adults living in the recovery residence, and the
654 parent's level of recovery.
655 (b) A time-sharing plan that does not mention a recovery
656 residence may not be interpreted to require that a minor child
657 visit a parent who is a resident of a recovery residence, as
658 defined by s. 397.311, between the hours of 9 p.m. and 7 a.m.
659 Section 8. For the purpose of incorporating the amendment
660 made by this act to section 397.311, Florida Statutes, in
661 references thereto, subsection (10) of section 553.80, Florida
662 Statutes, is reenacted to read:
663 553.80 Enforcement.—
664 (10) A single-family or two-family dwelling that is
665 converted into a certified recovery residence, as defined in s.
666 397.311, or a recovery residence, as defined in s. 397.311, that
667 has a charter from an entity recognized or sanctioned by
668 Congress does not have a change of occupancy as defined in the
669 Florida Building Code solely due to such conversion.
670 Section 9. For the purpose of incorporating the amendment
671 made by this act to section 397.311, Florida Statutes, in
672 references thereto, paragraph (h) of subsection (1) of section
673 893.13, Florida Statutes, is reenacted to read:
674 893.13 Prohibited acts; penalties.—
675 (1)
676 (h) Except as authorized by this chapter, a person may not
677 sell, manufacture, or deliver, or possess with intent to sell,
678 manufacture, or deliver, a controlled substance in, on, or
679 within 1,000 feet of the real property comprising a mental
680 health facility, as that term is used in chapter 394; a health
681 care facility licensed under chapter 395 which provides
682 substance abuse treatment; a licensed service provider as
683 defined in s. 397.311; a facility providing services that
684 include clinical treatment, intervention, or prevention as
685 described in s. 397.311(27); a recovery residence as defined in
686 s. 397.311; an assisted living facility as defined in chapter
687 429; or a pain management clinic as defined in s.
688 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
689 violates this paragraph with respect to:
690 1. A controlled substance named or described in s.
691 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
692 commits a felony of the first degree, punishable as provided in
693 s. 775.082, s. 775.083, or s. 775.084.
694 2. A controlled substance named or described in s.
695 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
696 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
697 the second degree, punishable as provided in s. 775.082, s.
698 775.083, or s. 775.084.
699 3. Any other controlled substance, except as lawfully
700 sold, manufactured, or delivered, must be sentenced to pay a
701 $500 fine and to serve 100 hours of public service in addition
702 to any other penalty prescribed by law.
703 Section 10. This act shall take effect July 1, 2026.