Bill Text: FL S1636 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Substance Use Disorder Treatment Services

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Appropriations Committee on Health and Human Services [S1636 Detail]

Download: Florida-2024-S1636-Introduced.html

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       Florida Senate - 2024                                    SB 1636
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-01411-24                                           20241636__
    1                        A bill to be entitled                      
    2         An act relating to substance use disorder treatment
    3         services; creating s. 397.342, F.S.; creating the
    4         Substance Use Disorder Housing Advisory Council;
    5         providing legislative findings and intent; providing
    6         for membership; requiring the University of South
    7         Florida College of Public Health to assist the
    8         advisory council in conducting a study to evaluate
    9         national best practice standards for specified
   10         purposes; providing for funding of the study;
   11         requiring the advisory council to conduct a review of
   12         statewide zoning codes for specified purposes;
   13         providing for reports by specified dates; providing
   14         for future repeal; amending s. 397.305, F.S.; revising
   15         and providing legislative findings and intent;
   16         authorizing addiction treatment services to be
   17         provided through for-profit providers; amending s.
   18         397.487, F.S.; providing that the certification of
   19         recovery residences that meet specified standards
   20         protects certain persons; requiring certain recovery
   21         residences to keep specified records confidential;
   22         prohibiting a local law, ordinance, or regulation from
   23         regulating the duration or frequency of resident stay
   24         at certain recovery residences; providing
   25         applicability; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 397.342, Florida Statutes, is created to
   30  read:
   31         397.342 Substance Use Disorder Housing Advisory Council.—
   32         (1) The Substance Use Disorder Housing Advisory Council, an
   33  advisory council as defined in s. 20.03(7), is created within
   34  the department.
   35         (a) The Legislature finds that the state has a legitimate
   36  interest in protecting persons in recovery residences by
   37  requiring such homes to meet national best practice standards.
   38         (b) The Legislature intends for this advisory council to
   39  ensure state standards for recovery residences conform to
   40  national best practice standards to the greatest extent possible
   41  and to study local governmental obstructions to achieving these
   42  national best practice standards through zoning regulations.
   43         (2) Except as otherwise provided in this section, the
   44  advisory council shall operate in accordance with s. 20.052.
   45         (3) The advisory council shall be composed of seven
   46  members, to be appointed for staggered terms of not more than 4
   47  years, as follows:
   48         (a) A representative of the Executive Office of the
   49  Governor, appointed by the Governor.
   50         (b) A member of the Senate, appointed by the President of
   51  the Senate.
   52         (c) A member of the House of Representatives, appointed by
   53  the Speaker of the House of Representatives.
   54         (d) A representative from the department, appointed by the
   55  Governor.
   56         (e) A representative from the Agency for Health Care
   57  Administration, appointed by the Governor.
   58         (f) A representative of the Florida Association of Recovery
   59  Residences, appointed by the Governor.
   60         (g) A representative of the Palm Beach County State
   61  Attorney Addiction Recovery Task Force, appointed by the
   62  Governor.
   63         (4) The advisory council shall appoint a chair and vice
   64  chair from the members of the council and shall meet at least
   65  monthly.
   66         (5) Members of the advisory council shall serve without
   67  compensation, but shall be entitled to necessary expenses
   68  incurred in the discharge of their duties pursuant to s.
   69  112.061.
   70         (6)(a) The University of South Florida College of Public
   71  Health shall assist the advisory council in conducting a study
   72  to evaluate the national best practice standards from the
   73  Substance Abuse and Mental Health Services Administration, with
   74  the goal of removing obstacles to therapeutic housing within
   75  this state to be in compliance with the Americans with
   76  Disabilities Act of 1990, as amended, 42 U.S.C. ss. 12101 et
   77  seq., and the Fair Housing Amendments Act of 1988. Costs of
   78  implementing the study shall be paid by the department from
   79  funds appropriated for this purpose.
   80         (b) The advisory council shall also conduct a review of
   81  statewide zoning codes to determine what effect, if any, local
   82  laws have on the ability of private sector licensed service
   83  providers to provide modern, evidence-based, effective treatment
   84  and ancillary therapeutic housing to persons in this state.
   85         (c) By June 1, 2027, the department, in conjunction with
   86  the Agency for Health Care Administration, shall provide a
   87  preliminary report based upon the findings and recommendations
   88  of the advisory council to the Governor, the President of the
   89  Senate, and the Speaker of the House of Representatives.
   90         (d) By September 1, 2027, the advisory council shall
   91  provide a final report based upon the findings and
   92  recommendations of the advisory council to the Governor, the
   93  President of the Senate, and the Speaker of the House of
   94  Representatives.
   95         (7) This section is repealed September 1, 2027, unless
   96  reviewed and saved from repeal by the Legislature.
   97         Section 2. Section 397.305, Florida Statutes, is amended to
   98  read:
   99         397.305 Legislative findings, intent, and purpose.—
  100         (1)(a) Addiction Substance abuse is a major health problem
  101  that affects multiple service systems and leads to such
  102  profoundly disturbing consequences as serious impairment,
  103  chronic addiction, criminal behavior, vehicular casualties,
  104  spiraling health care costs, AIDS, and business losses, and
  105  significantly affects the culture, socialization, and learning
  106  ability of children within our schools and educational systems.
  107  Addiction Substance abuse impairment is a disease which affects
  108  the whole family and the whole society and requires a system of
  109  care that includes prevention, intervention, clinical treatment,
  110  and recovery support services, including recovery residences,
  111  that support and strengthen the family unit. Further, it is the
  112  intent of the Legislature to require the collaboration of state
  113  agencies, service systems, and program offices to achieve the
  114  goals of this chapter and address the needs of the public; to
  115  establish a comprehensive system of care for substance use
  116  disorder abuse; and to reduce duplicative requirements across
  117  state agencies. This chapter is designed to provide for public
  118  and private substance use disorder treatment abuse services.
  119         (b) The Legislature finds that addiction treatment services
  120  are a fully integrated part of the private and public health
  121  care system. Further, the Legislature finds that service
  122  providers licensed under this chapter and community housing
  123  certified under this chapter are deemed a necessary part of the
  124  private and public health care system. The Legislature intends
  125  to identify and remove barriers that prevent coordinated health
  126  care between medical and clinical providers to persons with
  127  substance use disorders.
  128         (2) It is the goal of the Legislature to educate the public
  129  about the negative consequences of discourage substance use
  130  disorders abuse by promoting healthy lifestyles; healthy
  131  families; and drug-free schools, workplaces, and communities.
  132         (3) It is the purpose of this chapter to provide for a
  133  comprehensive continuum of accessible and quality addiction
  134  substance abuse prevention, intervention, clinical treatment,
  135  and recovery support services in the least restrictive
  136  environment which promotes long-term recovery while protecting
  137  and respecting the rights of individuals, primarily through for
  138  profit providers and community-based private not-for-profit
  139  providers working with local governmental programs involving a
  140  wide range of agencies from both the public and private sectors.
  141         (4) It is the intent of the Legislature that licensed,
  142  qualified health professionals be authorized to practice to the
  143  full extent of their education and training in the performance
  144  of professional functions necessary to carry out the intent of
  145  this chapter.
  146         (5) It is the intent of the Legislature to establish
  147  expectations that services provided to persons in this state use
  148  national best practice standards and the coordination-of-care
  149  principles characteristic of recovery-oriented services and
  150  include social support services, such as housing support, life
  151  skills and vocational training, and employment assistance
  152  necessary for persons who have substance use disorders or co
  153  occurring substance use and mental health disorders to live
  154  successfully in their communities.
  155         (6) It is the intent of the Legislature to ensure within
  156  available resources a full system of care for substance use
  157  disorder treatment abuse services based on identified needs,
  158  delivered without discrimination and with adequate provision for
  159  specialized needs.
  160         (7) It is the intent of the Legislature to establish
  161  services for persons who have individuals with co-occurring
  162  substance use abuse and mental health disorders.
  163         (8) It is the intent of the Legislature to provide an
  164  alternative to criminal imprisonment for substance abuse
  165  impaired adults and juvenile offenders by encouraging the
  166  referral of such offenders to service providers not generally
  167  available within the juvenile justice and correctional systems,
  168  instead of or in addition to criminal penalties.
  169         (9) It is the intent of the Legislature to provide, within
  170  the limits of appropriations and safe management of the juvenile
  171  justice and correctional systems, addiction treatment substance
  172  abuse services to substance abuse impaired offenders who are
  173  placed by the Department of Juvenile Justice or who are
  174  incarcerated within the Department of Corrections, in order to
  175  better enable these offenders or inmates to adjust to the
  176  conditions of society presented to them when their terms of
  177  placement or incarceration end.
  178         (10) It is the intent of the Legislature to provide for
  179  assisting substance abuse impaired persons primarily through
  180  health and other rehabilitative services in order to relieve the
  181  police, courts, correctional institutions, and other criminal
  182  justice agencies of a burden that interferes with their ability
  183  to protect people, apprehend offenders, and maintain safe and
  184  orderly communities.
  185         (11) It is the intent of the Legislature that the freedom
  186  of religion of all citizens shall be inviolate. Nothing in This
  187  act does not shall give any governmental entity jurisdiction to
  188  regulate religious, spiritual, or ecclesiastical services.
  189         Section 3. Subsection (1) of section 397.487, Florida
  190  Statutes, is amended, and subsections (13) and (14) are added to
  191  that section, to read:
  192         397.487 Voluntary certification of recovery residences.—
  193         (1) The Legislature finds that a person suffering from
  194  addiction has a higher success rate of achieving long-lasting
  195  sobriety when given the opportunity to build a stronger
  196  foundation by living in a recovery residence while receiving
  197  treatment or after completing treatment. The Legislature further
  198  finds that this state and its subdivisions have a legitimate
  199  state interest in protecting these persons, who represent a
  200  vulnerable consumer population in need of adequate housing,
  201  through the certification of recovery residences that meet
  202  national best practice standards. It is the intent of the
  203  Legislature to protect persons who reside in a recovery
  204  residence.
  205         (13) A recovery residence that meets the criteria of day or
  206  night treatment with community housing as defined in s.
  207  397.311(26)(a)3. is governed by s. 397.501(7) regarding the
  208  confidentiality of individual records of residents.
  209         (14) A local law, ordinance, or regulation may not regulate
  210  the duration or frequency of a resident’s stay in a certified
  211  recovery residence in areas where multifamily uses are allowed.
  212  This subsection does not apply to any local law, ordinance, or
  213  regulation adopted on or before January 1, 2024.
  214         Section 4. This act shall take effect July 1, 2024.