Title: Certified Recovery Residences

Summary: Provides that certain certified recovery residences are deemed nontransient residential use of land for specified purpose; prohibits local law, ordinance, or regulation from prohibiting or regulating recovery residence in multifamily structure; requires municipality or county to allow certain certified recovery residences in specified zoned districts without need to obtain changes in certain zoning or land use; authorizes municipality or county to deny establishment of Level IV certified recovery residence for specified use; defines "adjacent to"; provides applicability; revises & providing requirements for personnel-to-resident ratio for Level IV certified recovery residence.

Full Text:
An act relating to certified recovery residences; amending s. 397.487, F.S.; providing that certain certified recovery residences are deemed a nontransient residential use of land for a specified purpose; prohibiting a local law, ordinance, or regulation from prohibiting or regulating a recovery residence in a multifamily structure; requiring a municipality or county to allow certain certified recovery reside nces in specified zoned districts without the need to obtain changes in certain zoning or land use; authorizing a municipality or county to deny the establishment of a Level IV certified recovery residence for a specified use under certain circumstances; defining the term "adjacent to"; providing applicability; amending s. 397.4871, F.S.; revising and providing requirements for the personnel to-resident ratio for a Level IV certified recovery residence; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (15) is added to section 397.487, Florida Statutes, to read: 397.487 Voluntary certification of recovery residences.- CS/CS/HB 1163 2025 (15)(a) A certified recovery residence that does not occupy a communi ty or structure that is governed by a condominium association under chapter 718, or which fully occupies a community or structure that is governed by a condominium association under chapter 718, is deemed a nontransient residential use of land for purposes of all local zoning ordinances. A local law, ordinance, or regulation may not prohibit certified recovery residences or regulate the duration or frequency of use of a certified recovery residence in a multifamily structure. (b) A municipality or county must allow the establishment of a certified recovery residence in all districts zoned multifamily residential as an allowable use and must allow a structure originally constructed and permitted for multifamily purposes to be used as a certified recovery re sidence, allowing up to two residents per bedroom, without obtaining a zoning or a land use change, a special exception, a conditional use approval, a variance, or a comprehensive plan amendment for the zoning and densities authorized under this subsection.(c) A municipality or county may deny the establishment of a Level IV certified recovery residence if the proposed use is adjacent to, or on two or more sides of, a parcel zoned for single-family residential use and is within a single-family residentia ldevelopment with at least contiguous single family homes. For the purposes of this paragraph, the term CS/CS/HB 1163 2025 "adjacent to" means those properties sharing more than one point of a property line, but the term does not include properties separated by a public road. (d) This subsection applies to certified recovery residence providers that were voluntarily certified by the credentialing entity as described in s. 397.487 on or before July 1, 2025. Section 2. Paragraph (c) of subsection (8) of section 397.4871, Florida Statutes, is amended to read: 397.4871 Recovery residence administrator certification.-(8) (c) Notwithstanding paragraph (b), a Level IV certified recovery residence operating as community housing as defined in s. 397.311(9), which resid ence is actively managed by a certified recovery residence administrator approved for 65 residents under this section and is wholly owned or controlled by a licensed service provider, may:1. Actively manage up to residents so long as the licensed service provider maintains a service provider personnel-to-patient ratio of to and maintains onsite supervision at the residence during times when residents are at the residence hours a day, days a week, with a personnel to-resident ratio of to 0. 2. Actively manage up to residents so long as the licensed service provider maintains a service provider CS/CS/HB 1163 2025 personnel-to-patient ratio of to and maintains onsite supervision at the residence during times when residents are at the residence with a personnel-to-resident ratio of to 6. A certified recovery residence administrator who has been removed by a certified recovery residence due to termination, resignation, or any other reason may not continue to actively manage more than residents for another service provider or certified recovery residence without being approved by the credentialing entity. Section 3. This act shall take effect July 1, 2025.