Florida Statutes 397.487 – Voluntary certification of recovery residences
Current as of: 2023 | Check for updates
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(1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long-lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment. The Legislature further finds that this state and its subdivisions have a legitimate state interest in protecting these persons, who represent a vulnerable consumer population in need of adequate housing. It is the intent of the Legislature to protect persons who reside in a recovery residence.
(2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary certification program for recovery residences. The approved credentialing entity shall:
For details, see Fla. Stat. § 775.082(4)(b) and Fla. Stat. § 775.082(4)(a)
(a) Establish recovery residence certification requirements.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 397.487
- Certificate of compliance: means a certificate that is issued by a credentialing entity to a recovery residence or a recovery residence administrator. See Florida Statutes 397.311
- Certified recovery residence: means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. See Florida Statutes 397.311
- Certified recovery residence administrator: means a recovery residence administrator who holds a valid certificate of compliance. See Florida Statutes 397.311
- Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
- Credentialing entity: means a nonprofit organization that develops and administers professional, facility, or organization certification programs according to applicable nationally recognized certification or psychometric standards. See Florida Statutes 397.311
- Department: means the Department of Children and Families. See Florida Statutes 397.311
- Director: means the chief administrative or executive officer of a service provider or recovery residence. See Florida Statutes 397.311
- Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
- Physician: means a person licensed under chapter 458 to practice medicine or licensed under chapter 459 to practice osteopathic medicine, and may include, if the context so indicates, an intern or resident enrolled in an intern or resident training program affiliated with an approved medical school, hospital, or other facility through which training programs are normally conducted. See Florida Statutes 397.311
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
- Recovery: means a process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. See Florida Statutes 397.311
- Recovery residence: means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment. See Florida Statutes 397.311
- Recovery residence administrator: means the person responsible for overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. See Florida Statutes 397.311
- Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
(b) Establish procedures to:
1. Administer the application, certification, recertification, and disciplinary processes.
2. Monitor and inspect a recovery residence and its staff to ensure compliance with certification requirements.
3. Interview and evaluate residents, employees, and volunteer staff on their knowledge and application of certification requirements.
(c) Provide training for owners, managers, and staff.
(d) Develop a code of ethics.
(e) Establish application, inspection, and annual certification renewal fees. The application fee may not exceed $100. Any onsite inspection fee shall reflect actual costs for inspections. The annual certification renewal fee may not exceed $100.
(3) A credentialing entity shall require the recovery residence to submit the following documents with the completed application and fee:
(a) A policy and procedures manual containing:
1. Job descriptions for all staff positions.
2. Drug-testing procedures and requirements.
3. A prohibition on the premises against alcohol, marijuana, illegal drugs, and the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this subsection, “marijuana” includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986.
4. Policies to support a resident’s recovery efforts.
5. A good neighbor policy to address neighborhood concerns and complaints.
(b) Rules for residents.
(c) Copies of all forms provided to residents.
(d) Intake procedures.
(e) Sexual predator and sexual offender registry compliance policy.
(f) Relapse policy.
(g) Fee schedule.
(h) Refund policy.
(i) Eviction procedures and policy.
(j) Code of ethics.
(k) Proof of insurance.
(l) Proof of background screening.
(m) Proof of satisfactory fire, safety, and health inspections.
(4) A certified recovery residence must be actively managed by a certified recovery residence administrator. All applications for certification must include the name of the certified recovery residence administrator who will be actively managing the applicant recovery residence.
(5) Upon receiving a complete application, a credentialing entity shall conduct an onsite inspection of the recovery residence.
(6) All owners, directors, and chief financial officers of an applicant recovery residence are subject to level 2 background screening as provided under s. 408.809 and chapter 435. A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence’s application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809(4) or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of an owner’s, director’s, or chief financial officer’s eligibility based on the results of his or her background screening.
(7) A credentialing entity shall issue a certificate of compliance upon approval of the recovery residence’s application and inspection. The certification shall automatically terminate 1 year after issuance if not renewed.
(8) Onsite followup monitoring of a certified recovery residence may be conducted by the credentialing entity to determine continuing compliance with certification requirements. The credentialing entity shall inspect each certified recovery residence at least annually to ensure compliance.
(a) A credentialing entity may suspend or revoke a certification if the recovery residence is not in compliance with any provision of this section or has failed to remedy any deficiency identified by the credentialing entity within the time period specified.
(b) A certified recovery residence must notify the credentialing entity within 3 business days after the removal of the recovery residence’s certified recovery residence administrator due to termination, resignation, or any other reason. The recovery residence has 30 days to retain a certified recovery residence administrator. The credentialing entity shall revoke the certificate of compliance of any recovery residence that fails to comply with this paragraph.
(c) If any owner, director, or chief financial officer of a certified recovery residence is arrested for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence shall immediately remove the person from that position and shall notify the credentialing entity within 3 business days after such removal. The credentialing entity shall revoke the certificate of compliance of a recovery residence that fails to meet these requirements.
(d) A credentialing entity shall revoke a recovery residence’s certificate of compliance if the recovery residence provides false or misleading information to the credentialing entity at any time.
(e) Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on a recovery residence, is reviewable by the department. Upon receiving an adverse determination, the recovery residence may request an administrative hearing pursuant to ss. 120.569 and 120.57(1) within 30 days after completing any appeals process offered by the credentialing entity or the department, as applicable.
(9) A person may not advertise to the public, in any way or by any medium whatsoever, any recovery residence as a “certified recovery residence” unless such recovery residence has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(10)(a) A certified recovery residence may allow a minor child to visit a parent who is a resident of the recovery residence, provided that a minor child may not visit or remain in the recovery residence between the hours of 9 p.m. and 7 a.m. unless:
1. A court makes a specific finding that such visitation is in the best interest of the minor child; or
2. The recovery residence is a specialized residence for pregnant women or parents whose children reside with them. Such recovery residences may allow children to visit or reside in the residence if the parent does not yet have a time-sharing plan pursuant to s. 61.13, provided that the parent files with the court for establishment of a plan within 14 days of moving into the residence.
(11) Notwithstanding any landlord and tenant rights and obligations under chapter 83, a recovery residence that is certified under this section and has a discharge policy approved by a department-recognized credentialing entity may immediately discharge or transfer a resident in accordance with that policy under any of the following circumstances:
(a) The discharge or transfer is necessary for the resident’s welfare.
(b) The resident’s needs cannot be met at the recovery residence.
(c) The health and safety of other residents or recovery residence employees is at risk or would be at risk if the resident continues to live at the recovery residence.
(12) Any person discharged from a recovery residence under subsection (11) who willfully refuses to depart after being warned by the owner or an authorized employee of the recovery residence commits the offense of trespass in a recovery residence, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.