sober home task force tip line 1-844-324-5463 · 10/12/2017 · palm beach county: 571 drug deaths...

OFFICE

FIFTEENTH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY

Sober Home

Sober Home Task Force Tip LineMeeting Location: WPB Police Community Room

Meeting Date:

Al Johnson opened the Task Force Meeting at 1pmattendees introducing themselves. All attendees informed th

are audio-recorded. The audio file for this meeting can be found at

Andy Amoroso-not present

Phil Barlage-present

Chris Burke-not present

Andrew Burki-(Lissa Franklin)

Joseph Casello-not present

Jim Chard-present

Ariana Ciancio-present

Marie Davis-not present

Anthony Foster-not present

Adam Frankel-present

Jerry Haffey-(Tim Loceff)

Glen Hughes-not present

George Jahn-not present

Jordana Jarjura-not present

Justin Kunzelman-not present

Patricia Messina-not present

Beth Ann Middlebrook-not present

Jennifer Napolitano-present

The State Attorney’s OfficeDave Aronberg-State AttorneyJustin Chapman- Assistant State AttorneyAl Johnson-Assistant Chief AssistantMary Ann Senatore-Support Staff

OFFICE OF THE STATE ATTORNEY

FIFTEENTH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY

DAVID ARONBERGSTATE ATTORNEY

Sober Homes Task Force Meeting Minutes

Sober Home Task Force Tip Line 1-844Community Room 600 Banyan Blvd, West Palm Beach, FL 33401

Meeting Date: October 12, 2017

Welcome/Introductions:Meeting at 1pm, followed by the Task Force PanelAll attendees informed that meeting minutes are taken and the meetings

The audio file for this meeting can be found at http://www.sa15.org

Task Force MembersKaren Perry-not present

Karen Rainer-present

Susan Ramsey-present

Scott Rice-present

Myles Schlam-present

Judge C. Shepherd-not present

Scott Singer-not present

Suzanne Spencer-not present

Geoff Spillias-present

Nancy Steiner-not present

Chris Teaney-not present

Lori Vinikor-present

Peter Walstrom-not present

Lawonda Warren-not present

Matt Willhite-not present

Eric Yorlano-not present

Richard Zaretsky-not present

ssistant State AttorneyAssistant

1 | P a g e

844-324-5463Banyan Blvd, West Palm Beach, FL 33401

Panel and public audienceat meeting minutes are taken and the meetings

http://www.sa15.org.

not present

not present

present

not present

“Sunshine Law” Overview:Mr. Johnson reviewed and highlighted the importance of the Sunshine Law and its implications for this TaskForce. As an example, he cautioned the group not to use “reply all” in the use of email, regarding what iscoming or will be coming before the Task Force.

Next Month’s Meeting DateProviso Group November 9, 2017Task Force November 13, 2017

Statistics:

Palm Beach County: 571 drug deaths to date (9/13/17)

Meeting Agenda – October 12, 2017-Sober Homes Task Force1. Introductions.2. Updates:

a. Heroin Task Force Pilot Project.b. Coordinated Public/Private Delivery of Services to Hospital OD Patients.c. FARR and FCB numbers

3. Discussion of proposed Senate legislation defining and requiring certification of “peerspecialist.”

4. Sober Homes Task Force 2018 Legislative Recommendations:a. Reconsideration of HB 557 (2017) amending s. 456.44, 893.055 and 463.0055,

Florida Statutes limiting prescription of opioids and accelerating PDMP reportingb. Amend s. 381.0038 to allow expansion of the University of Miami sterile needle

and syringe exchange pilot program.c. Expand chapter 397 level II background screening qualifications.d. Amend s. 397.4873 to clarify the referral relationship between providers and

recovery residences.e. Establish a housing overlay for certain forms of out-patient treatment, require

certification of residences and develop a limited scholarship program for needsbased transitional rent vouchers.

f. Create definition for “fair market value” and allow non-clinical recovery supportservices to be provided by service providers under certain circumstances.

g. Create s. 397.335 to establish uniform fire safety standards for recovery residences.h. Request non-recurring appropriation of $200,000 to partially fund FARR for one

year.i. Establish legislative mandate that fees from licensure of service components under

s. 397.407((1) are used solely to fund the Department licensure and oversight.5. Discussion: DCF Rulemaking input/timing/recommendations.6. Public comments-Members of the public and audience were given the opportunity to

comment and ask questions.7. Closing remarks-Meeting adjourned at 4:15pm

a. Heroin Task Force Pilot Project.The pilot project has ended. 30 patients were enrolled and followed on an outpatient basis. Theasepatients were given MAT (medically assisted treatment). Compliance was good, however 3 patients didnot have actual homes and could not be followed. Overall, including relapse, there was a 54% successand compliance rate. Discussions with other hospitals including throughtout Palm Beach County arenow taking place for the same program.

OFFICE OF THE STATE ATTORNEY

IN AND FOR PALM BEACH COUNTY

Sober Homes Task ForceSober Homes Task Force Tip Line

Name

Andy AmorosoTerrence BaileyPhil Barlage

Chris BurkeAndrew BurkiVice Mayor Joseph CaselloVice Mayor Jim ChardAriana CiancioMarie DavisAnthony Foster, PhDAdam FrankelJerry HaffeyGlen HughesGeorge JahnJordana JarjuraJustin KunzelmanPatricia MessinaBeth Ann MiddlebrookRobert Moran, MDJennifer Napolitano

Karen PerryKaren RainerSusan RamseyBob RanneyScott RiceMicah RobbinsMyles SchlamJoshua ScottJudge Caroline ShepherdScott SingerSuzanne SpencerGeoff SpilliasNancy SteinerChris TeaneyDr. Lori VinikoorPeter WalstromLawonda WarrenMatt WillhiteEric YorlanoRichard Zaretsky

OFFICE OF THE STATE ATTORNEYFIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY

DAVE ARONBERGSTATE ATTORNEY

Sober Homes Task Force-Proviso GroupSober Homes Task Force Tip Line 1-844-324-5463

Organization

Commissioner: City of Lake WorthDirector of Community Development-City of Riviera BeachCOBWRA

Sober Home Owner, Port St. LucieLife of Purpose Treatment at FAUBoynton BeachDelray BeachService Population Advocate-Delray BeachSinger Island Civic AssociationThe Treatment Center of the Palm BeachesAttorneyAmbrosiaNational Insurance Crime BureauSober Living in DelrayGeneral Counsel-Gulf BuildingRebel RecoveryLicensed Clinical Social Worker (LCSW)The Water ShedFamily Center For RecoveryFull Circle Recovery

Narcotics Overdose Prevention Education (N.O.P.E.)The Circle of Care ConsultantsAttorneyIndian Bob Radio Recovery RawMD, PhD, MS, MBAPBC Substance Awareness CoalitionAttorneyGuardian Recovery Network15th Circuit-Division: KD/KK1 CriminalCity Council: City of Boca RatonExecutive Director-Delray Beach Drug Task Force (DBTF)Transformations Treatment CenterRN, CRRA, Addiction ConsultingDelphi Health GroupAlliance of Delray Residential Associations, Inc.Mandala Healing CenterAssistant City Attorney/Police Legal Advisor City of Delray BeachPBC Fire RescueIntegrity Billing CompanyAttorney

City of Riviera Beach

Narcotics Overdose Prevention Education (N.O.P.E.)

Delray Beach Drug Task Force (DBTF)

Assistant City Attorney/Police Legal Advisor City of Delray Beach

The attached materials were given out for discussion and presentation.

FLORIDA o F REPRESENTATIVESH 0 USE

CS/CS/HB557

A bill to be entitled1

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18 Be It Enacted by the Legislature of the State of Florida:

19

An act relating to the controlled substance

prescribing; amending s. 456.44, F.S.; defining the

term "acute pain"; limiting prescribing of opioids for

acute pain in certain circumstances; amending s.

893.055, F.S.; revising requirements for reporting the

dispensing of controlled substances; limiting an

exception to reporting requirements for certain

facilities dispensing controlled substances;

authorizing certain employees of the United States

Department of Veterans Affairs access to certain

information in the prescription drug monitoring

program's database; specifying when a revised

reporting requirement takes effect; amending s.

463.0055, F.S.; revising a cross-reference; providing

an effective date.

20 Section 1. Paragraphs (a) through (g) of subsection (1) of

21 section 456.44, Florida Statutes, are redesignated as paragraphs

22 (b) through (h), respectively, a new paragraph (a) is added to

23 that subsection, and subsection (4) is added to that section, to

24 read:

25 456.44 Controlled substance prescribing.-

Page 1 of 5

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H 0 USE o F REP RES E N TAT I V E SFLORIDA

26

CS/CS/HB 557

(1) DEFINITIONS.-As used in this section, the term:

27 (a) "Acute pain" means the normal, predicted,

28 physiological, and time-limited response to an adverse chemical,

29 thermal, or mechanical stimulus associated with surgery, trauma,

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or acute illness.

(4) For the initial prescription of opioids for the

treatment or alleviation of acute pain, the prescription must be

limited to a quantity not to exceed 5 days.

Section 2. Subsection (4), paragraph (g) of subsection

(5), and paragraphs (a) and (b) of subsection (7) of section

893.055, Florida Statutes, are amended to read:

893.055 Prescription drug monitoring program.-

(4) Each time a controlled substance is dispensed to an

individual, the controlled substance shall be reported to the

department through the system as soon thereafter as possible,

but no later than the close of the next business day not more

than 7 days after the day 4a-t-e the controlled substance is

dispensed unless an extension is approved by the department for

cause as determined by rule. A dispenser must meet the reporting

requirements of this section by submitting via the department

approved electronic system providing the required information

concerning each controlled substance that it dispensed 4fi-a

department approved, seeure methodology and format. Such

approved formats may include, but are not limited to, submission

via the Internet, on a disc, or by use of regular mail.

Page 2 of 5

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2017

FLORIDA H 0 USE o F REP RES E N TAT I V E S

CS/CS/HB 557

51

Page 3 of 5

(5) When the following acts of dispensing or administering

52 occur, the following are exempt from reporting under this

53 section for that specific act of dispensing or administration:

54 (g) A rehabilitative hospital, assisted living facility,

55 or nursing home dispensing a certain dosage of a controlled

56 substance, as needed, to a patient while the patient is present

57 and receiving care as ordered by the patient's treating

58 physician.

59 (7)(a) A practitioner or pharmacist who dispenses a

60 controlled substance must submit the information required by

61 this section in an electronic or other method in an ASAP format

62 approved by rule of the department unless otherwise provided in

63 this section. The cost to the dispenser in submitting the

64 information required by this section may not be material or

65 extraordinary. Costs not considered to be material or

66 extraordinary include, but are not limited to, regular postage,

67 electronic media, regular electronic mail, and facsimile

68 charges.

69 (b) A pharmacy, prescriber, or dispenser, or the designee

70 of a pharmacy, prescriber, or dispenser, shall have access to

71 information in the prescription drug monitoring program's

72 database which relates to a patient of that pharmacy,

73 prescriber, or dispenser in a manner established by the

74 department as needed for the purpose of reviewing the patient's

75 controlled substance prescription history. An employee of the

CODING: Words stricken are deletions; words underlined are additions.hb0557 -02-c2

2017

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FLORIDA o F REPRESENTATIVESH 0 USE

CS/CS/HB 557

76 United States Department of Veterans Affairs who provides health

77 care services pursuant to such employment and has the authority

78 to prescribe controlled substances shall have access to the

79 information in the program's database in a manner established by

80 the department. Such access is limited to the information that

81 relates to a patient of such employee and may only be accessed

82 for the purpose of reviewing the patient's controlled substance

83 prescription history. Other access to the program's database

84 shall be limited to the program's manager and to the designated

85 program and support staff, who may act only at the direction of

86 the program manager or, in the absence of the program manager,

87 as authorized. Access by the program manager or such designated

88 staff is for prescription drug program management only or for

89 management of the program's database and its system in support

90 of the requirements of this section and in furtherance of the

91 prescription drug monitoring program. Confidential and exempt

92 information in the database shall be released only as provided

93 in paragraph (c) and s. 893.0551. The program manager,

94 designated program and support staff who act at the direction of

95 or in the absence of the program manager, and any individual who

96 has similar access regarding the management of the database from

97 the prescription drug monitoring program shall submit

98 fingerprints to the department for background screening. The

99 department shall follow the procedure established by the

100 Department of Law Enforcement to request a statewide criminal

Page 4 of 5


2017

FLORIDA H 0 USE o F REPRESENTATIVES

CS/CS/HB 557

113 (4) A certified optometrist shall be issued a prescriber

101 history record check and to request that the Department of Law

102 Enforcement forward the fingerprints to the Federal Bureau of

103 Investigation for a national criminal history record check.

104 Section 3. The requirement that the dispensing of a

105 controlled substance be reported to the Department of Health no

106 later than the next business day in s. 893.055(4), Florida

107 Statutes, as amended by this act, shall take effect January 1,

108 2018.

109 Section 4. Paragraph (b) of subsection (4) of section

110 463.0055, Florida Statutes, is amended to read:

111 463.0055 Administration and prescription of ocular

112 pharmaceutical agents.-

114 number by the board. Any prescription written by a certified

115 optometrist for an ocular pharmaceutical agent pursuant to this

116 section shall have the prescriber number printed thereon. A

117 certified optometrist may not administer or prescribe:

118 (b) A controlled substance for the treatment of chronic

119 nonmalignant pain as defined in s. 456.44 456.44 (1)(e).

120 Section 5. This act shall take effect July 1, 2017.

Page 5 of 5


2017

FARR Certified Bed Capacity - Third Quarter 2017

Third Quarter FARR Board Meeting Highlights:

• Executive Director: Steve Farnsworth (November 1, 2017) • FARR Chairman: Lyle Fried (January 1, 2018) • 90 Day Provisional Certificate of Compliance • Annual Certification Fees based on Support Level & Bed Capacity: $40 or $55 • Established Standards Committee: Specialty Populations (MAT, Couples, Parent w/Child)

Certified, 1568

Pipeline, 1260

Palm Beach

Certified, 967

Pipeline, 830

Broward

Certified, 1744

Pipeline, 1412

SEFBHN

Certified, 3745

Pipeline, 2847

Statewide

FLORIDA CERTIFICATION BOARD - ADDICTION CREDENTIALS

Credential Name AcademicWork Experience Training Hours Scope of PracticeRequirement

Master's LevelCertified Master's degree in 4,000 hours 350 hours Advanced Level;Qualified Professional(under ChapterAddiction Professional related field 397) only when working in a licensedsubstanceuse(MCAP) disorder treatment program in Florida; can render a

substanceusedisorder diagnosisand authorizetreatment for Medicaid servicesin Florida

Certified Addiction Bachelor'sdegree in 6,000 hours 350 hours Qualified Professional(under Chapter 397) only whenProfessional(CAP) related field working in a licensedsubstanceusedisorder treatment

program in FloridaCertified Addiction Counselor HighSchool 6,000 hours (varies 270 hours An intermediate credential for those personswho work(CAe) if higher academic in collaboration with clinical staff to develop and

degree is held) implement client treatment plans,aswell asprovidespecified substanceabusetreatment services;mustwork under supervisionof a qualified professional

Certified RecoverySupport HighSchool 1,000 hours 75 hours Entry-level credential for personswho usetheir livedSpecialist(CRSS) experience to support peers in achievingand

maintaining recovery from addictive substancesCertified RecoveryResidence HighSchool 1,000hours 100 hours Operatesa residencethat housespersonsin recovery;Administrator (CRRA) provides recovery support servicesPersons Certified

Credential Name Total Certified as of 10/1/2017 In the Process of Certification Total

Master's LevelCertified827 264 1,091Addiction Professional

Certified Addiction2,341 293 2,634Professional(CAP)

Certified Addiction Counselor 510 142 652Certified RecoverySupport

137 55 192Specialist(CRSS)Certified RecoveryResidence

272 102 379Administrator (CRRA)TOTAL 4,087 856 4,948

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CODING: Words stricken are deletions; words underlined are additions.

4b-Needle and Syringe Exchange Program 381.0038 final

381.0038: Education; sterile needle and syringe exchange pilot1

program2

(4) The University of Miami and its affiliates may establish3

single sterile needle and syringe exchange pilot programs. The4

Pilot programs may operate at a fixed location or through a5

mobile health unit. The pilot programs shall offer the free6

exchange of clean, unused needles and hypodermic syringes for7

used needles and hypodermic syringes as a means to prevent the8

transmission of HIV, AIDS, viral hepatitis, or other blood-borne9

diseases among intravenous drug users and their sexual partners10

and offspring.11

(e) County or municipal funds may be used to operate these pilot12

programs. The pilot programs may be funded through grants and13

donations from private resources and funds.14

(f) The pilot programs shall expire July 1, 2021.15

4b

434 Chapter 435.04 408.809 Chapter 408.809

Citation

Level 2 Screening Standards for substance abuse is subject to Ch.

435 Citation

Level 2 screening standards for mental health is subject to

Chapter 435 + 408

393.135 Sexual misconduct with developmentally disabled clients 409.920 Medicaid provider fraud

394.4593 Sexual misconduct with certain mental health patients 409.9201 Medicaid fraud

415.111

Adult abuse, neglect, exploitation of aged persons or disabled

adults 741.28 Domestic violence

777.04

Attempts, soliticitation, and conspiracy to commit an offense

listed in subsection This will have to be addressed if any of the

offenses are opened up 777.04

Attempts, soliticitation, and conspiracy to commit an offense listed

in subsection This will have to be addressed if any of the offenses

are opened up

782.04 Murder 817.034

Fraudulent acts (mail, wire, radio, electromagnetic,

photoelectronic, phototopical systems) potentially, can this be a

charge related to human trafficking?

782.07

Manslaughter, aggravated manslaughter of elderly person,

disabled person, or child 817.234 False and fraudulent insurance claims

782.071 Vehicular homicide 817.481

Obtaining goods by using a false or expired credit card/credit

device

782.09 Killing of an unborn child by injury to the mother 817.50 Fraudulently obtaining goods through health care provider

784 Assault, battery, culpable negligence 817.505 Patient brokering

784.011 Assault, if victim was a minor 817.568 Criminal use of personal identification information

784.03 Battery, if victim was a minor 817.60 Obtaining credit card through fraudulent means

787.01 Kidnapping 817.61 Fraudulent use of credit card

787.02 False imprisonment 931.01 Forgery

787.025 Luring or enticing a child 831.02 Uttering forged intruments

787.04(2)

Taking, enticing, or removing a child beyond state limits/pending

custody proceedings potentially yes, if the adult was the parent 831.07 Forging bank bills, checks, drafts, promissory notes

787.04(3)

Carrying a child across state lines with intent to avoid producing

child at custody hearing or delivering to person 831.09 Uttering forged bank bills, checks, drafts, promissory notes

790.115(1) Exhibiting firearms or weapons within 1000 feet of a school 831.30 Obtaining medicinal drugs

4c

790.115(2)(b)

Possessing electric weapon or device, destructive device or other

weapon on school property 831.31

Sale, manufacture, delivery, possession with intent to sell,

manufacture, or deliver any counterfit controlled substance

794.011 Sexual battery 895.03 Racketeering and collection of unlawful debts

794.041 Prohibitied acts of persons in familial or custodial authority 896.101 Florida Money Laundering Act

794.05 Unlawful sexual activity with certain minors

796 Prostitution

798.02 Lewd and lascivious behavior

800 Lewd and lascivious indecent exposure

434 Chapter 435.04 408.809 Chapter 408.809

Citation

Level 2 Screening Standards for substance abuse is subject to Ch.

435 Citation

Level 2 screening standards for mental health is subject to

Chapter 435 + 408

806.01 Arson

810.02 Burglary

810.14 Voyeurism

810.145 Video voyeurism

812 Theft and robbery

817.563 Fraudulent sale of a controlled substance

825.102 Abuse, agg abuse, or neglect of eld person or disabled adult

825.1025

Lewd or lascivious offenses committed upon or in the presence of

an elderly person or disabled adult

825.103 Exploitation of elderly person or disabled adult

826.04 Incest

827.03 Child abuse, aggravated child abuse, or neglect of a child

827.04 Contributing to the delinquency or dependancy of a child

827.05 Negligent treatment of children

827.071 Sexual performance by a child

843.01 Resisting arrest with violence

843.025

Depriving LEO, correctional officer or correctional probation

officer with means of protection or communication

843.12 Aiding in escape

843.13 Aiding in escape of juvenile inmates in correctional institution

847 Obscene literature

874.05 Encouraging or recruiting another to join a criminal gang

893 Drug abuse prevention and control

916.1075

Sexual misconduct with certain forensic clients and reporting of

such sexual misconduct

944.35(3)

Inflicting cruel or inhumane treatment on an inmate resulting in

great bodily harm

944.4 Escape

944.46 Harboring, concealing, or aiding an escaped prisoner

944.47 Introduction of contraband into correctional facility

985.701

Sexual misconduct in juvenile justice programs, if charge was to a

minor by a minor

985.711 Contraband introduced at detention facilities

4d referral amendments 8-2017 II

397.4873 Referrals to or from recovery1

residences; prohibitions; penalties.2

3

(1) A service provider licensed under this part may not4

make a referral of a prospective, current, or discharged5

patient to, or accept a referral of such a patient from, a6

recovery residence unless the recovery residence holds a7

valid certificate of compliance as provided in s. 397.4878

and is actively managed by a certified recovery residence9

administrator as provided in s. 397.4871.10

(2) Subsection (1) does not apply to:11

(a) A licensed service provider under contract12

with a managing entity as defined in s. 394.9082.13

(b) Referrals by a recovery residence to a licensed14

service provider when a resident has experienced a15

recurrence of use or may require a clinical level of16

care. the recovery residence or its owners, directors,17

operators, or employees do not benefit, directly or18

indirectly, from the referral.19

(c) Referrals made before July 1, 2018, by a20

licensed service provider to that licensed service21

provider's wholly owned subsidiary.22

(3) For purposes of this section, a licensed service23

provider or recovery residence shall be considered to have24

made a referral if the provider or recovery residence has25

informed a patient by any means about the name, address, or26

other details of a recovery residence or licensed service27

provider, or informed a licensed service provider or a28

recovery residence of any identifying details about a29

patient. A recovery residence or its owners, directors,30

operators, or employees may not receive a pecuniary31

benefit, directly or indirectly, from the referral.32

4d referral amendments 8-2017 II

A licensed service provider shall maintain records33

of referrals to or from recovery residences as may be34

prescribed by the department in rule.35

(4) After June 30, 2019, a licensed service provider36

violating this section shall be subject to an37

administrative fine of $1,000 per occurrence. Repeat38

violations of this section may subject a provider to39

license suspension or revocation pursuant to s. 397.415.40

(5) Nothing in this section requires a licensed41

service provider to refer a patient to or to accept a42

referral of a patient from a recovery residence.43

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4e Mandatory certification of Overlay and Voucher system 8-2017 II

An act relating to practices of substance abuse1

service providers; amending s. 397.311, F.S.; defining2

the term “Transition Vouchers” and “Treatment with3

Housing Overlay”; amending s. 397.487, F.S.; requiring4

certification of new and existing recovery residences;5

amending 397.4871, F.S.; amending certification and6

inspection fee of recovery residences; authorizing the7

use of transition vouchers; requiring the department8

to select an entity to administer transition vouchers;9

establishing terms of transition vouchers; providing10

an effective date.11

Section 1. Section 397.311, Florida Statutes subsection (25)12

is amended; subsections (48) through (50) are renumbered13

respectively, and new subsections (48) and (50) are added to that14

section to read:15

397.311 Definitions.- As used in this chapter, except part VIII,16

the term:17

(25) Licensed service components include a comprehensive18

continuum of accessible and quality substance abuse prevention,19

intervention, and clinical treatment services, including the20

following services:21

(a) "Clinical treatment" means a professionally directed,22

deliberate, and planned regimen of services and interventions23

that are designed to reduce or eliminate the misuse of drugs and24

alcohol and promote a healthy, drug-free lifestyle. As defined by25

rule, "clinical treatment services" include, but are not limited26

to, the following licensable service components:27

3. "Day or night treatment with community housing" means a28

program intended for individuals who can benefit from29

living independently in peer community housing while30

4e

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participating in treatment services for a minimum of 531

hours a day for a minimum of 25 hours per week.32

(48) “Transition Vouchers” are housing and recovery support33

scholarships based on financial need, authorized by a non-profit34

organization selected by the department, to provide transitional35

support services consistent with evidence-informed practices to36

individuals who are currently in or who have just completed37

substance abuse treatment.38

(49) (48) "Treatment plan" means an immediate and a long-range39

plan based upon an individual's assessed needs and used to40

address and monitor an individual's recovery from substance41

abuse.42

(50) “Treatment with Housing overlay” means support levels43

determined by the department that meet nationally recognized44

standards and includes a certified recovery residence whose45

primary purpose is to allow an individual to benefit from living46

independently while participating in substance abuse treatment47

services.48

Section 2. Subsection (2) of section 397.487, Florida Statutes,49

is amended to read:50

397.487 Voluntary Certification of recovery residences.51

(1) The Legislature finds that a person suffering from addiction52

has a higher success rate of achieving long-lasting sobriety when53

given the opportunity to build a stronger foundation by living in54

a recovery residence after completing treatment, or while55

currently in treatment. The Legislature further finds that this56

state and its subdivisions have a legitimate state interest in57

protecting these persons, who represent a vulnerable consumer58

population in need of adequate housing. It is the intent of the59

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Legislature to protect persons who reside in a recovery60

residence.61

(2) In accordance with this subsection, certification is required62

for:63

(a) Licensed service components that meet the definition of64

Treatment with Housing Overlay as defined in s. 397.311(50) who65

are not currently under contract with a regional managing entity.66

The department shall determine through rule which support levels67

shall require certification;68

(b) Recovery residences who have a referral relationship with69

licensed service components as defined in 397.311(25);70

(c) Recovery residences who accept transition vouchers as71

defined in s. 397.311 as part of the continuum of care.72

(2) (3) The department shall approve at least one credentialing73

entity that operates under nationally recognized standards by74

July 1, 2018 by December 1, 2015, for the purpose of developing75

and administering a voluntary certification program for recovery76

residences. The approved credentialing entity shall:77

(a) Establish recovery residence certification requirements.78

(b) Establish procedures to:79

1. Administer the application, certification, recertification,80

and disciplinary processes.81

2. Monitor and inspect a recovery residence and its staff to82

ensure compliance with certification requirements.83

3. Interview and evaluate residents, employees, and volunteer84

staff on their knowledge and application of certification85

requirements.86

(c) Provide training for owners, managers, and staff.87

(d) Develop a code of ethics.88

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(e) Establish application, inspection, and annual certification89

renewal fees which shall be set by the certifying entity and90

approved by the department. The application fee for stand-alone91

recovery residences not connected to clinical treatment may not92

exceed $100. Any onsite inspection fee shall reflect actual costs93

for inspections. The annual certification renewal fee may not94

exceed $100. The application fee for recovery residences95

connected to clinical treatment may not exceed $500 with onsite96

inspections reflecting actual costs for inspections, and renewal97

fees not to exceed $500.98

(5) By September 1, 2018, the department shall select a non-for-99

profit organization to authorize Transition Vouchers as defined100

in s. 397.311 beginning January 1, 2019 for individuals in need101

of housing and recovery support services.102

(a) In approving a transition voucher, the designee shall:103

1. interview transition voucher applicant;104

2. determine level of financial need;105

3. consult with individual’s substance abuse treatment106

provider;107

4. determine the level of transition supports individual108

may be eligible for;109

5. encourage use of recovery support services;110

6. encourage employment readiness;111

7. use evidence-informed practices to determine the112

appropriate duration of voucher; and113

9. ensure the housing provider is a certified recovery114

residence.115

(b) If approved, transition vouchers may be funded through a116

licensed service provider, other charity care, or other means117

determined appropriate by the designee. The designee may collect118

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administration fees from the service provider or other charity119

care. The service provider must agree to develop or amend a case120

management plan to include a patient’s engagement in employment121

readiness and job placement support services.122

(c) Once the Transition Voucher is approved, the designee123

selected by the Department shall submit a copy of the voucher to124

the certified recovery residence who shall provide weekly125

updates, unless exempt in this section.126

(d) Individuals who are in need of housing supports and receive a127

Transition Voucher may only select recovery residences who have128

been certified.129

(e) Recovery residences who are not certified shall not receive130

transition vouchers from any resident. Violation of this131

provision may constitute a violation of the prohibition on132

patient brokering and subject the party committing the violation133

to criminal penalties under s. 817.505.134

(f) The designee selected by the Department, in coordination with135

the certified recovery residence may make exceptions to this136

section on a limited basis.137

(g) An individual’s continued eligibility to receive a transition138

voucher is contingent upon demonstration of active participation139

in their recovery, including employment readiness.140

(7) (8) A credentialing entity shall issue a certificate of141

compliance upon approval of the recovery residence's application142

and inspection. The certification shall automatically terminate 1143

year after issuance if not renewed.144

(9) Other than by voucher, a service provider may not145

subsidize a patient’s housing costs or otherwise engage in146

activity in violation of the prohibition on patient147

brokering.148

of 6



Section 4. Unless otherwise noted in this section, this act shall149

take effect July 1, 2018.150

4f 397.311 Definitions and 397.420 Recovery Based Services

Page 1 of 1

4f Recovery Oriented Services Deliver 8-2017 V

Amendment to §397.3111

“Recovery-based non-clinical services” include social support2

services, such as life skills and vocational training, and3

employment assistance necessary for persons who have substance4

use disorders or co-occurring substance use and mental health5

disorders that may be either essential or incidental to a6

client’s recovery or to live successfully in their communities.7

8

“Fair market value” means the value in arms length transactions,9

consistent with the compensation that would be included in a10

service agreement as the result of bona fide bargaining between11

well-informed parties to the agreement who are not otherwise in a12

position to generate business for the other party, at the time of13

entering into, and during the term of the service agreement.14

15

397.420 Recovery-based services16

(1) A service provider or certified recovery residence may17

provide recovery-based services to a substance use disorder18

patient to assist the patient in maintaining sobriety and19

transitioning into the community under the following conditions:20

(a) the actions of the provider do not constitute patient21

brokering as defined in s. 817.505, Florida Statutes, and22

(b) a provider may not enter into a service agreement for23

recovery-oriented services with any person or entity that is24

engaged in marketing.25

(c) compensation for recovery-oriented services represents fair26

market value for such services.27

28

44g

Page 1 of 1


4g Uniform Fire Safety Standards

Section 1. Section 397.335, Florida Statutes, is hereby1

created to read:2

397.335 Facility standards.—3

(1) Prior to July 1, 2019, the State Fire Marshal shall, in4

cooperation with the department, develop, establish, adopt and5

enforce minimum fire safety standards for all licensable6

components and all recovery residences, which standards must be7

included in the rules adopted by the department.8

(2) For purposes of proof of satisfactory fire inspections as9

required s. 397.487, the agency having jurisdiction over such10

inspections shall inspect any certified recovery residence as a11

single-family or two-family dwelling use, notwithstanding the12

number of occupants, consistent with s.633.208.13

1 | P a g e

PALM BEACH COUNTY SOBER HOMES TASK FORCE

2018 LEGISLATIVE RECOMMENDATIONS (Revised)

October 06, 2017

In 2016, The Palm Beach County Sober Homes Task Force (Task Force) was created by

legislative proviso “to identify statutory clarifications and enhancements to existing law to

ensure that communities remain safe and individuals with substance use disorders are

protected.” On January 1, 2017, the Task Force released its study to the Governor, President of

the Senate, and Speaker of the House of Representatives.1 Many of the Task Force

recommendations were adopted into law during the 2017 legislative session.2 Recognizing that

combating the opioid health crisis requires further work, the legislature extended the proviso

for an additional year.

The Task Force believes that the enactments of 2017 will go a long way in both

eliminating the rogue actors in the industry and creating a climate in which the delivery of care

to those with substance use disorder will foster a substantial positive difference for those in

recovery.

However, the Task Force believes our efforts in combating the opioid crisis are not

complete. There remain issues that require legislative consideration. The following is a

synopsis of these issues. Recommended legislation is attached.

1- Reconsideration of removed sections originally in HB 557 (2017):

Amending s. 456.44, 893.055 and 463.0055, Florida Statutes: Limiting the

initial prescription of opioids for acute pain to 5 days and accelerating the

reporting of dispensed opioids. (Attachment #1)

While heroin, fentanyl and other opioid analogues have captured headlines, and caused

thousands of overdoses and deaths throughout the state, the prescribed opioid morbidity rate

is at a crisis level. Legally prescribed opioids affect all demographic groups, including seniors.

Overprescribing opioids for pain have collateral effects and can serve as a gateway to heroin for

those who become addicted to prescribed pills and find themselves subsequently cut off. A

1Palm Beach county Sober Homes Task Force Report: Identification of Problems in the Substance Abuse Treatment

and Recovery Residence Industries with Recommended Changes to Existing Laws and Regulations, January 1, 2017.

2HB 807

2 | P a g e

recent study showed that persons who receive an 11 day supply of their first legally prescribed

opioid medication have a 25% probability of still being a user after one year.3 Unused

medication can wind up in the hands of others, including family members who become at risk

for using and subsequently becoming dependant. Diverted prescriptions also find their way to

the black market. For these reasons, unlike chronic pain management, acute pain prescriptions

should be limited (original filed HB 557 Attachment # 1).

Since the Task Force approved this recommendation, Governor Scott has recommended

that the initial prescription limitation for acute care be reduced to 3 days. The Task Force is not

opposed to the Governor’s recommendation.

2- Expand the sterile needle and syringe exchange pilot program. F.S. 381.0038.

(Attachment #2)

The current statute allowing a single sterile needle and exchange pilot program through the

University of Miami and its affiliates, should be expanded to other counties who wish to

participate in the program. The benefits of an exchange program are well documented,

including a reduction in HIV/AIDS, Hepatitis, first responder injuries and the opportunity to

engage persons with substance use disorder and recommend treatment options. A limited

expansion can be achieved by amending F.S. 381.0038 to allow programs to exist wherever

University of Miami affiliates are located, rather than a single program in Miami-Dade County.

Recommended language is attached. In light of the magnitude of the opioid health crisis, the

amendment eliminates the prohibition of partial funding by local, county and municipal

government. (Attachment #2)

3- Expand Chapter 397 level II background screening disqualification.

The reality of substance use disorder treatment is that many who have a calling to work in

the industry are disqualified from doing so because of past criminal activity. This is entirely

fitting in cases involving fraud or violence. However, for certain low level offenses, obtaining an

exemption is a cumbersome process and discourages many from the profession. An example of

this is the difficulty in expanding Florida Association of Recovery Residence (FARR) certification

of sober homes because of the lack of Recovery Residence Administrators (RRA) who can pass a

level II background check. Certain low level offenses, committed years ago, should be

exempted from automatic disqualification. Oddly enough, certain crimes that act as a

disqualifier under mental health related chapters 394, 408 and 435, may not be included in

3Centers for Disease Control and Prevention Morbidity Weekly Report, University of Arkansas for Medical Sciences,

March 27, 2017.

3 | P a g e

substance abuse related chapters 397 and 435. Crimes such as patient brokering, racketeering

and money laundering should be added to the disqualification list under chapter 397, while low

level drug crimes, committed years earlier, as well as possession of paraphernalia and non-

derivation of proceeds prostitution cases, should be exempted, subject to review by the

Department. The Task Force is currently working on these lists and will present its

recommendation in the next several weeks.

4- F.S. 397.4873: clarification of the referral of patients to or from recovery

residences (Attachment #3):

In 2017, this statute was expanded to apply to referrals of patients to, as well as from,

recovery residences. One of the Task Force recommendations was to allow a treatment

provider to accept a patient referral from a non-certified recovery residence so long as there is

no benefit given to the residence for the referral. It was meant to allow a safety valve for a

sober home manager or owner to refer a resident of a non-certified house on an individual

basis, when that resident is in need of treatment. While the statute does not allow any benefit

to certified recovery residences for a referral, it creates an unintended ambiguity since the

benefit prohibition only appears under the non-certified exception. To clarify, F.S. 397.4873

should be amended to plainly state, while acknowledging the non-certified referral exception,

that no pecuniary benefit may be received for any referral whatsoever. (Attachment # 3)

5- Creation of a housing overlay for intensive forms of out-patient

treatment. Creation of a non-profit entity selected by the Department to

process scholarship vouchers for short term housing while transitioning to

employment. Requiring all recovery residences connected to providers

through an overlay license to be certified (Attachment #4):

Housing is a critical component of a successful outcome during outpatient treatment.

Warehousing patients in uncertified flophouses encourages relapse. Most patients in private

pay facilities are from out-of-state and will require housing while in outpatient treatment.4 A

kickback from the provider to the patient, or the residence, of a patient’s rent is an inducement

to participate in treatment and violates the patient brokering statute.

Despite studies that show that a longer continuum of care, including non-clinical support

services, provides better outcomes, insurance companies generally do not reimburse housing

and ancillary services. Patients who cannot afford rent oftentimes gravitate to uncertified

4Optum White Paper: Young Adults and the Behavioral Health System, p.4 (2014)

4 | P a g e

flophouses, further encouraging patient brokering and relapse. The proposed legislation

(Attachment #4) will enable the Department to create an overlay license for those levels of care

where housing is an important part of the recovery process. All houses connected to the

provider by ownership, contract or referral will require mandatory certification. The

Department will select a not-for-profit organization to administer temporary transition

vouchers for persons engaged in substance abuse treatment who cannot afford housing. The

transition vouchers may be funded by licensed service providers or non-profit charitable

organizations and includes transitional support services such as job placement support. A

patient’s continued eligibility to receive a transition voucher is contingent upon a

demonstration of active participation in their recovery, including employment readiness.

This overlay license is designed to ensure that vulnerable persons in treatment have a

greater opportunity to live in true sober housing, overseen by trained Certified Recovery

Residence Administrators, and obtain non-clinical recovery support services. The Department

determines through rule which component licenses will contain a housing overlay.

6- Amend s. 397.311(38) definition of “Recovery Support Services” and add

definition for “Fair Market Value.” Allow recovery support services to be

provided by service providers and recovery residences under certain

conditions. (Attachment #5)

This proposed legislation allows treatment providers or certified recovery residences to

deliver certain recovery support services, such as life skills, vocational training and employment

assistance to persons suffering from substance use disorder. These services may be either

essential or incidental to a client’s recovery or successful transition into the community and are

subject to certain limitations. A provider may not enter into a service agreement for recovery

support services with any person or entity that is engaged in marketing. Compensation for

recovery support services must represent fair market value for such services, and the actions of

the provider or residence must not constitute patient brokering.

7- Uniform Life Safety Code for Recovery Residences (attachment #6)

Section 397.487(3)(m), Florida Statutes, requires a Recovery Residence seeking certification

to provide proof of satisfactory fire, safety, and health inspections. Fire inspections are

conducted by certified and approved fire inspectors employed by local municipalities and

counties. Chapter 633, Florida Statutes, created the Division of State Fire Marshal to exist

within the Department of Financial Services, and is responsible for the development,

application and enforcement of the Florida Lifesafety Code which includes the Florida Fire

5 | P a g e

Prevention Code. This “code” creates minimum and uniform standards governing the

construction and utilization of certain buildings and structures.

Section 633.208(8), Florida Statutes, excludes from such regulation one-family and two-

family dwellings. However, Recovery Residences are often provided within a single-family or

two-family (duplex) structure. As a result, local fire marshals have expressed concern that they

do not have the jurisdiction to inspection Recovery Residences for compliance with fire codes

as required by Section 397.487(3)(m), or, have had to reclassified Recovery Residences as

another type of residential use in order to be able to satisfy the inspection requirement of

397.487. However, due to the lack of adopted uniform standards, inconsistent application of

the Fire Code may lead to violation of Fair Housing Act and the Americans with Disabilities Act,

as recently occurred in the case of Oxford House, Inc. v. Browning, 2017 WL 3140744 (M.D.La.,

July 24, 2017).

The Legislature has separately determined, pursuant to Section 633.206, Florida Statutes,

that certain buildings or structures, due to their specialized use or to the special characteristics

of the person utilizing or occupying these buildings or structures, should be subject to fire

safety standards reflecting these special needs as may be appropriate, such as hospitals,

nursing homes, assisted living facilities, and adult family-care homes. Previously, Florida

Statute Section 397.471(2) (2014 ed.) entitled “Service provider facility standards” had provided

that “The State Fire Marshal shall, in cooperation with the department, establish and enforce

minimum fire safety standards, which standards must be included in the rules adopted by

[DCF].” However, Section 397.471(2) was repealed by the Florida Legislature as part of Chapter

2015-4, Laws of Florida before the State Fire Marshal’s Office could collaborate with DCF on the

required standards for Recovery Residences.

A recommendation is therefore made to re-adopt the language which had previously

existed as Section 397.471(2), Florida Statutes (2014 ed.) so that the State Fire Marshal’s Office

may engage in rulemaking in collaboration with DCF, FARR, the Florida League of Cities, and

other interested stakeholders, to promulgate minimum, uniform life safety standards for

Recovery Residences.

8- Legislatively mandate that fees collected by the Department are used for

their intended purpose in funding the Department.

In 2017, s. 397.407, Florida Statutes, Licensure process; fees. -, was amended as follows: “…

fees from the licensure of service components are sufficient to cover the costs of regulating the

service components.” Previously, fees were required to cover “at least 50 percent” of the

costs.

6 | P a g e

The Task Force recognizes that the Department is not sufficiently funded to provide both

licensing and oversight of the recovery industry. Our January 1, 2017 Sober Homes Task Force

Report noted that as of August 31, 2016, there were a total of 931 substance abuse treatment

providers licensed in Florida, holding 3,417 separate component (program) licenses. The total

number of licensing specialists in the 6 DCF regions combined was 25.5 As of August, 2017, the

state-wide number of licensed providers had increased to 953 with component programs

totaling 3,546 with an additional 378 licenses pending approval.6 The substance abuse section

of the Department is in need of resources and the primary funding source, fees for service,

must be dedicated to substance abuse treatment licensing and the oversight of providers and

their component licenses and not diverted to other Department functions or to the general

fund.

9- Provide a non-recurring, $200,000 appropriation to the Florida

Association of Recovery Residences (FARR) to enable the organization to

efficiently advertise, oversee and process the certification of Recovery

Residences pending full self-sufficiency.

Safe and drug free housing is critical to obtaining positive outcomes in treating opioid and

other forms of addiction. Studies have consistently shown that the vast majority of private pay

patients in Florida are from out-of-state.7 One of the fundamental drivers of corruption in the

industry is the proliferation of sub-standard housing for patients undergoing intensive out-

patient treatment. As previously reported by this Task Force, many of these unregulated

residences are basically “flop-houses” where the use of drugs and alcohol is tolerated, if not

encouraged. The National Alliance of Recovery Residences (NARR) standards, adopted by FARR,

foster clean, drug free, neighbor friendly policies, conducive to long term recovery.

Additionally, the requirement that all certified recovery residences retain a Recovery Residence

Administrator (CRA), certified by the Florida Certification Board (FCB), further ensures that

certified residences comply with these significant standards of safety and sobriety. Indeed, the

scourge of unregulated, substandard sober homes greatly contributes to the relapse cycle that

so often results in overdose and death. Additionally, FARR regulation and scrutiny will help

reverse the proliferation of sober homes participating in patient brokering that feeds this cycle

of negative outcomes.

5Palm Beach County Sober Homes Task Force Report, January 1, 2017, page 7.

6Substance abuse licensure information received from DCF, August, 2017.

7Optum White Paper, id. (75% of insured patients come from outside the State of Florida)

7 | P a g e

FARR has reported to the Task Force that while certifications have increased, it has yet to

reach the level of self-sufficiency critical to the efficient and effective oversight and the timely

processing of certification needed as it transitions to a fully sustainable model. Additional

trained, permanent, full-time field staff is crucial to successfully and timely expand the

certification program. While increased demand for certified housing has positively affected the

industry, a lack of resources in the near term has slowed progress. The critical nature of the

opioid epidemic underscores the need to attack this healthcare emergency with aggressive

measures. The Task Force believes that seeding FARR with a one-time, non-recurring

appropriation will have a significant impact on reducing the cycle of relapse caused in part by

sub-standard recovery housing.

10- Certification of “Peer Specialists” currently in consideration by the

Senate (draft bill attached as # 7)

The attached draft creates a definition of “Peer Specialist” and further creates s.397.417,

which defines the role of a peer specialist in the behavioral health and substance abuse

context, creates minimum qualifications, requires certification, allows for reimbursement as a

recovery service, and requires background screening for the position.

The Task Force supports the creation “Peer Specialist” along with the legislative findings,

qualifications and certification. The Task Force further supports the bill’s background check

requirements subject to the overall revision of level II exclusions and inclusions as discussed in

section 3 above. The Task Force also agrees with the exclusionary time period of 3 years,

however, the recommendation is to clarify lines 286-293, by specifying that the period of 3

years commence after the sentence or probationary period has ended.

Florida Senate -

Page 1 of 16


A bill to be entitled1

An act relating to mental health and substance use2

disorders; amending s. 394.455, F.S.; defining the3

term “peer specialists”; amending s. 394.4572, F.S.;4

to require specific screening for peer specialists5

working in mental health programs and facilities;6

amending s. 394.4573, F.S.; to specify that peer7

specialists provide recovery services as an essential8

element of behavioral health care; amending s.9

397.311, F.S.; defining the term “peer specialists”;10

amending s. 397.4073, F.S.; to conform background11

screenings for peer specialists; creating s. 397.417,12

F.S.; setting qualifications and background screening13

requirements for peer specialists; amending s.14

408.809, F.S.; to conform background screenings for15

peer specialists; providing an effective date.16

17

Be It Enacted by the Legislature of the State of Florida:18

Section 1. Subsection (32) is added to section 394.455,19

Florida Statutes, to read:20

394.455 Definitions.—As used in this part, the term:21

(32) “Peer Specialist” means a person who has been in22

recovery from a substance use disorder or mental illness for two23

years and has been certified pursuant to s. 397.417.24

Section 2. Subsection (1) of section 394.4572, Florida Statutes,25

is amended to read:26

394.4572 Screening of mental health personnel.—27

(1)(a) The department and the Agency for Health Care28

Administration shall require level 2 background screening29

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Page 2 of 16


pursuant to chapter 435 for mental health personnel. “Mental30

health personnel” includes all program directors, professional31

clinicians, staff members, and volunteers working in public or32

private mental health programs and facilities who have direct33

contact with individuals held for examination or admitted for34

mental health treatment. For purposes of this chapter,35

employment screening of mental health personnel also includes,36

but is not limited to, employment screening as provided under37

chapter 435 and s. 408.809. The department and the Agency for38

Health Care Administration shall require level 2 background39

screening pursuant to s. 397.417 for persons working as peer40

specialists in public or private mental health programs and41

facilities who have direct contact with individuals held for42

examination or admitted for mental health treatment.43

(b) Students in the health care professions who are44

interning in a mental health facility licensed under chapter45

395, where the primary purpose of the facility is not the46

treatment of minors, are exempt from the fingerprinting and47

screening requirements if they are under direct supervision in48

the actual physical presence of a licensed health care49

professional.50

(c) A volunteer who assists on an intermittent basis for51

less than 10 hours per month is exempt from the fingerprinting52

and screening requirements if a person who meets the screening53

requirement of paragraph (a) is always present and has the54

volunteer within his or her line of sight.55

(d) Mental health personnel working in a facility licensed56

under chapter 395 who work on an intermittent basis for less57

than 15 hours per week of direct, face-to-face contact with58

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Page 3 of 16


patients, and who are not listed on the Department of Law59

Enforcement Career Offender Search or the Dru Sjodin National60

Sex Offender Public Website, are exempt from the fingerprinting61

and screening requirements, except that persons working in a62

mental health facility where the primary purpose of the facility63

is the mental health treatment of minors must be fingerprinted64

and meet screening requirements.65

Section 3. Subsection (2) of section 394.4573, Florida66

Statutes, is amended to read67

394.4573 Coordinated system of care; annual assessment;68

essential elements; measures of performance; system improvement69

grants; reports.—On or before December 1 of each year, the70

department shall submit to the Governor, the President of the71

Senate, and the Speaker of the House of Representatives an72

assessment of the behavioral health services in this state. The73

assessment shall consider, at a minimum, the extent to which74

designated receiving systems function as no-wrong-door models,75

the availability of treatment and recovery services that use76

recovery-oriented and peer-involved approaches, the availability77

of less-restrictive services, and the use of evidence-informed78

practices. The department’s assessment shall consider, at a79

minimum, the needs assessments conducted by the managing80

entities pursuant to s. 394.9082(5). Beginning in 2017, the81

department shall compile and include in the report all plans82

submitted by managing entities pursuant to s. 394.9082(8) and83

the department’s evaluation of each plan.84

(2) The essential elements of a coordinated system of care85

include:86

(a) Community interventions, such as prevention, primary87

Florida Senate -

Page 4 of 16


care for behavioral health needs, therapeutic and supportive88

services, crisis response services, and diversion programs.89

(b) A designated receiving system that consists of one or90

more facilities serving a defined geographic area and91

responsible for assessment and evaluation, both voluntary and92

involuntary, and treatment or triage of patients who have a93

mental health or substance use disorder, or co-occurring94

disorders.95

1. A county or several counties shall plan the designated96

receiving system using a process that includes the managing97

entity and is open to participation by individuals with98

behavioral health needs and their families, service providers,99

law enforcement agencies, and other parties. The county or100

counties, in collaboration with the managing entity, shall101

document the designated receiving system through written102

memoranda of agreement or other binding arrangements. The county103

or counties and the managing entity shall complete the plan and104

implement the designated receiving system by July 1, 2017, and105

the county or counties and the managing entity shall review and106

update, as necessary, the designated receiving system at least107

once every 3 years.108

2. To the extent permitted by available resources, the109

designated receiving system shall function as a no-wrong-door110

model. The designated receiving system may be organized in any111

manner which functions as a no-wrong-door model that responds to112

individual needs and integrates services among various113

providers. Such models include, but are not limited to:114

a. A central receiving system that consists of a designated115

central receiving facility that serves as a single entry point116

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Page 5 of 16


for persons with mental health or substance use disorders, or117

co-occurring disorders. The central receiving facility shall be118

capable of assessment, evaluation, and triage or treatment or119

stabilization of persons with mental health or substance use120

disorders, or co-occurring disorders.121

b. A coordinated receiving system that consists of multiple122

entry points that are linked by shared data systems, formal123

referral agreements, and cooperative arrangements for care124

coordination and case management. Each entry point shall be a125

designated receiving facility and shall, within existing126

resources, provide or arrange for necessary services following127

an initial assessment and evaluation.128

c. A tiered receiving system that consists of multiple129

entry points, some of which offer only specialized or limited130

services. Each service provider shall be classified according to131

its capabilities as either a designated receiving facility or132

another type of service provider, such as a triage center, a133

licensed detoxification facility, or an access center. All134

participating service providers shall, within existing135

resources, be linked by methods to share data, formal referral136

agreements, and cooperative arrangements for care coordination137

and case management.138

139

An accurate inventory of the participating service providers140

which specifies the capabilities and limitations of each141

provider and its ability to accept patients under the designated142

receiving system agreements and the transportation plan143

developed pursuant to this section shall be maintained and made144

available at all times to all first responders in the service145

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Page 6 of 16


area.146

(c) Transportation in accordance with a plan developed147

under s. 394.462.148

(d) Crisis services, including mobile response teams,149

crisis stabilization units, addiction receiving facilities, and150

detoxification facilities.151

(e) Case management. Each case manager or person directly152

supervising a case manager who provides Medicaid-funded targeted153

case management services shall hold a valid certification from a154

department-approved credentialing entity as defined in s.155

397.311(10) by July 1, 2017, and, thereafter, within 6 months156

after hire.157

(f) Care coordination that involves coordination with other158

local systems and entities, public and private, which are159

involved with the individual, such as primary care, child160

welfare, behavioral health care, and criminal and juvenile161

justice organizations.162

(g) Outpatient services.163

(h) Residential services.164

(i) Hospital inpatient care.165

(j) Aftercare and other postdischarge services.166

(k) Medication-assisted treatment and medication167

management.168

(l) Recovery support, including, but not limited to, the169

use of peer specialists to assist in recovery from a substance170

use disorder to serious mental illness, support for competitive171

employment, educational attainment, independent living skills172

development, family support and education, wellness management173

and self-care, and assistance in obtaining housing that meets174

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Page 7 of 16


the individual’s needs. Such housing may include mental health175

residential treatment facilities, limited mental health assisted176

living facilities, adult family care homes, and supportive177

housing. Housing provided using state funds must provide a safe178

and decent environment free from abuse and neglect.179

(m) Care plans shall assign specific responsibility for180

initial and ongoing evaluation of the supervision and support181

needs of the individual and the identification of housing that182

meets such needs. For purposes of this paragraph, the term183

“supervision” means oversight of and assistance with compliance184

with the clinical aspects of an individual’s care plan.185

Section 4. Subsection 30 is added to section 397.311,186

Florida Statutes, to read:187

397.311 Definitions.—As used in this chapter, except part188

VIII, the term:189

(30) “Peer Specialist” means a person who has been in190

recovery from a substance use disorder or mental illness for two191

years and meets the requirements of s. 397.417.192


Statutes, is amended to read:194

397.4073 Background checks of service provider personnel.—195

(4) EXEMPTIONS FROM DISQUALIFICATION.—196

(a) The department may grant to any service provider197

personnel an exemption from disqualification as provided in s.198

435.07.199

(b) Since rehabilitated substance abuse impaired persons200

are effective in the successful treatment and rehabilitation of201

individuals with substance use disorders, for service providers202

which treat adolescents 13 years of age and older, service203

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provider personnel whose background checks indicate crimes under204

s. 817.563, s. 893.13, or s. 893.147 may be exempted from205

disqualification from employment pursuant to this paragraph.206

(c) The department may grant exemptions from207

disqualification which would limit service provider personnel to208

working with adults in substance abuse treatment facilities.209

Section 6. Section 397.417, Florida Statutes, is created to210

read:211

397.417 .—Behavioral Health Peer Specialists.—212

(1) LEGISLATIVE FINDINGS AND INTENT.—213

(a) The Legislature finds that:214

1. The ability to provide adequate behavioral health215

services is inhibited by a shortage of professional and para-216

professionals.217

2. The state is experiencing an increase in opioid218

addictions that cause great social and economic harm.219

3. Peer specialists provide effective support services220

because they have common life experiences with the persons they221

assist.222

4. Peer specialists promote a sense of belonging to the223

community among those in recovery.224

5. Research has shown that peer support facilitates225

recovery and reduces health care costs.226

6. Peer specialists may have a criminal history that227

prevent them from passing background screening requirements228

(b) The Legislature intends to expand the use of peer229

specialists as a cost effective service provider by ensuring230

that peer specialists meet specified qualifications, meet231

modified background screening requirements, and are adequately232

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reimbursed.233

(2) QUALIFICATIONS.—Peer specialist means a person who has234

been in recovery from a substance use disorder or mental illness235

for two years and has been certified pursuant to this section.236

Peer specialists must meet background screening requirements237

pursuant to s. 435.041. Peer specialists must also complete a238

training program approved by the department. Such training must239

be consistent with any competency exam and be based on the240

current practice standards. The department shall give preference241

for training provided by certified peer specialists. Peer242

specialists must be supervised by a licensed behavioral health243

care professional or licensed behavioral health care agency.244

(3) CERTIFICATION.-The department must certify peer245

specialists. The department may certify peer specialists246

directly or by designating a private, not for profit247

certification organization. Peer specialist certification must248

be based on passing a competency exam.249

(4) PAYMENT.—Peer specialist services may be reimbursed as250

a recovery service through the department, a behavioral health251

managing entity, or the Medicaid Program. The Agency for Health252

Care Administration is directed to amend the State Medicaid Plan253

to cover peer support services. Medicaid managed care plans are254

encouraged to make use of peer specialists in providing recovery255

services.256

(5) BACKGROUND SCREENING.—257

(a) All peer specialists must undergo security background258

investigations as a condition of employment and continued259

employment which includes, but need not be limited to,260

fingerprinting for statewide criminal history records checks261

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through the Department of Law Enforcement, and national criminal262

history records checks through the Federal Bureau of263

Investigation, and may include local criminal records checks264

through local law enforcement agencies.265

(b) Fingerprints must be submitted electronically to the266

Department of Law Enforcement.267

(c) An agency may contract with one or more vendors to268

perform all or part of the electronic fingerprinting pursuant to269

this section. Such contracts must ensure that the owners and270

personnel of the vendor performing the electronic fingerprinting271

are qualified and will ensure the integrity and security of all272

personal information.273

(d) An agency may require by rule that fingerprints274

submitted pursuant to this section must be submitted275

electronically to the Department of Law Enforcement.276

(e) Vendors who submit fingerprints on behalf of employers277

must:278

1. Meet the requirements of s. 943.053; and279

2. Have the ability to communicate electronically with the280

state agency accepting screening results from the Department of281

Law Enforcement and provide the applicant’s full first name,282

middle initial, and last name; social security number or283

individual taxpayer identification number; date of birth;284

mailing address; sex; and race.285

(f) The security background investigations under this286

section must ensure that no peer specialist have, for a period287

of at least three years, been arrested for and are awaiting288

final disposition of, have been found guilty of, regardless of289

adjudication, or entered a plea of nolo contendere or guilty to,290

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or have been adjudicated delinquent and the record has not been291

sealed or expunged for, any offense prohibited under any of the292

following provisions of state law or similar law of another293

jurisdiction:294

1. Section 393.135, relating to sexual misconduct with295

certain developmentally disabled clients and reporting of such296

sexual misconduct.297


certain mental health patients and reporting of such sexual299

misconduct.300

3. Section 409, relating to Medicaid fraud.301

4. Section 415.111, relating to adult abuse, neglect, or302

exploitation of aged persons or disabled adults.303

5. Section 741.28, relating to domestic violence.304

6. Section 777.04, relating to attempts, solicitation, and305

conspiracy to commit an offense listed in this subsection.306

7. Section 782.04, relating to murder.307

8. Section 782.07, relating to manslaughter, aggravated308

manslaughter of an elderly person or disabled adult, or309

aggravated manslaughter of a child.310

9. Section 782.071, relating to vehicular homicide.311

10. Section 782.09, relating to killing of an unborn child312

by injury to the mother.313

11. Section 787.01, relating to kidnapping.314

12. Section 787.02, relating to false imprisonment.315

13. Section 787.025, relating to luring or enticing a316

child.317

14. Section 787.04(2), relating to taking, enticing, or318

removing a child beyond the state limits with criminal intent319

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pending custody proceedings.320

15. Section 787.04(3), relating to carrying a child beyond321

the state lines with criminal intent to avoid producing a child322

at a custody hearing or delivering the child to the designated323

person.324

16. Section 790.115(1), relating to exhibiting firearms or325

weapons within 1,000 feet of a school.326

17. Section 790.115(2)(b), relating to possessing an327

electric weapon or device, destructive device, or other weapon328

on school property.329

18. Section 794.011, relating to sexual battery.330

19. Former s. 794.041, relating to prohibited acts of331

persons in familial or custodial authority.332

20. Section 794.05, relating to unlawful sexual activity333

with certain minors.334

21. Section 798.02, relating to lewd and lascivious335

behavior.336

22. Chapter 800, relating to lewdness and indecent337

exposure.338

23. Section 806.01, relating to arson.339

24. Section 810.14, relating to voyeurism, if the offense340

is a felony.341

25. Section 810.145, relating to video voyeurism, if the342

offense is a felony.343

26. Section 817.50, relating to fraudulently obtaining344

goods through a health care provider.345

27. Section 817.505, relating to patient brokering.346

28. Section 817.563, relating to fraudulent sale of347

controlled substances, if the offense was a felony.348

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29. Section 825.102, relating to abuse, aggravated abuse,349

or neglect of an elderly person or disabled adult.350

30. Section 825.1025, relating to lewd or lascivious351

offenses committed upon or in the presence of an elderly person352

or disabled adult.353

31. Section 825.103, relating to exploitation of an elderly354

person or disabled adult, if the offense was a felony.355

32. Section 826.04, relating to incest.356

33. Section 827.03, relating to child abuse, aggravated357

child abuse, or neglect of a child.358

34. Section 827.04, relating to contributing to the359

delinquency or dependency of a child.360

35. Former s. 827.05, relating to negligent treatment of361

children.362

36. Section 827.071, relating to sexual performance by a363

child.364

37. Section 831.30, relating to obtaining medicinal drugs.365

38. Section 831.31, relating to sale, manufacture,366

delivery, possession with intent to sell, manufacture, or367

delivery any counterfit controlled substance of offense was a368

felony.369

39. Section 843.01, relating to resisting arrest with370

violence.371

40. Section 843.025, relating to depriving a law372

enforcement, correctional, or correctional probation officer373

means of protection or communication.374

41. Section 843.12, relating to aiding in an escape.375

42. Section 843.13, relating to aiding in the escape of376

juvenile inmates in correctional institutions.377

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43. Chapter 847, relating to obscene literature.378

44. Section 874.05, relating to encouraging or recruiting379

another to join a criminal gang.380

45. Chapter 893, relating to drug abuse prevention and381

control, if the offense was a felony.382

46. Section 896.101, relating to Florida Money Laundering383

Act.384


certain forensic clients and reporting of such sexual386

misconduct.387

48. Section 944.35(3), relating to inflicting cruel or388

inhuman treatment on an inmate resulting in great bodily harm.389

49. Section 944.40, relating to escape.390

50. Section 944.46, relating to harboring, concealing, or391

aiding an escaped prisoner.392

51. Section 944.47, relating to introduction of contraband393

into a correctional facility.394

52. Section 985.03, relating to racketeering and collection395

of unlawful debts.396

53. Section 985.701, relating to sexual misconduct in397

juvenile justice programs.398

54. Section 985.711, relating to contraband introduced into399

detention facilities.400

(7) Persons who wish to become a peer specialist and are401

disqualified under section (6) may request an exemption from402

disqualification pursuant to s. 435.07 from the appropriate403

state agency.404

(8) All certified peers as of the effective date of this405

act shall be considered be considered to have met the406

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requirements of this act.407


Statutes, is amended to read:409

408.809 Background screening; prohibited offenses.—410

(1) Level 2 background screening pursuant to chapter 435411

must be conducted through the agency on each of the following412

persons, who are considered employees for the purposes of413

conducting screening under chapter 435:414

(a) The licensee, if an individual.415

(b) The administrator or a similarly titled person who is416

responsible for the day-to-day operation of the provider.417

(c) The financial officer or similarly titled individual418

who is responsible for the financial operation of the licensee419

or provider.420

(d) Any person who is a controlling interest if the agency421

has reason to believe that such person has been convicted of any422

offense prohibited by s. 435.04. For each controlling interest423

who has been convicted of any such offense, the licensee shall424

submit to the agency a description and explanation of the425

conviction at the time of license application.426

(e) Any person, as required by authorizing statutes, except427

for peer specialists pursuant to s. 397.417, seeking employment428

with a licensee or provider who is expected to, or whose429

responsibilities may require him or her to, provide personal430

care or services directly to clients or have access to client431

funds, personal property, or living areas; and any person, as432

required by authorizing statutes, contracting with a licensee or433

provider whose responsibilities require him or her to provide434

personal care or personal services directly to clients. Evidence435

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of contractor screening may be retained by the contractor’s436

employer or the licensee.437

Section 8. This act shall take effect July 1, 2018.438

439

sober home task force tip line 1-844-324-5463 · 10/12/2017 · palm beach county: 571 drug deaths...

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