HomeMy WebLinkAboutR-2013-136 Urged Florida Legislature to Adopt & Govern Rick Scott to Support, Legislative Changes Providing Regulation of Sober Houses in the Form of State-Wide Licensing & Registration RESOLUTION NO. 2013-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT,
AND GOVERNOR RICK SCOTT TO SUPPORT, LEGISLATIVE CHANGES
PROVIDING REGULATION OF SOBER HOUSES IN THE FORM OF
STATE-WIDE LICENSING AND REGISTRATION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, "recovery residences", also commonly known as "sober houses", are not
required to be licensed under state law; and
WHEREAS, sober houses create impacts in residential neighborhoods and, when
unlicensed and unregulated, create safety and welfare hazards for both their residents and
surrounding neighbors; and
WHEREAS, the City Commission of the City of Dania Beach encourages the Florida
Legislature to adopt, and Governor Rick Scott to support, regulation and licensing requirements
for sober homes in order to:
1. Create consistent standards of operation, so that there are uniform and safe
operations of such facilities throughout the state;
2. Provide for accountability of the owners and operators of such houses;
3. Help end abuses that are occurring in some of the houses (e.g., one such house
was operated by a registered sexual offender; another house was a multi-family residence owned
and operated by the same person who owned an adjacent bar; instances of insurance fraud and
patient brokering); and
4. Require background checks for owners and operators of the houses to help end
the abuses as referenced in paragraph three (3) above. Such background checks would be similar
to those already required for the owners and operators of the following types of homes/facilities:
a. Addiction receiving facilities;
b. Day or Night Treatment;
C. Day or Night Treatment with Community Housing;
d. Detoxification;
e. Intensive Inpatient Treatment;
f. Intensive Outpatient Treatment;
g. Medication-assisted treatment for opiate addiction;
h. Outpatient Treatment;
i. Residential Treatment;
j. Facilities that provide Intervention services;
k. Facilities that provide prevention services, pursuant to Florida Statutes,
397.311(8) and 397.403;
1. Assisted Living Facilities;
In. Adult Family-Care Homes;
n. Adult Day Care Centers, pursuant to Florida Statutes, 429.174 429.67, and
429.919;
o. Service Providers for Department of Elderly Affairs;
p. Community Residential Homes,pursuant to Florida Statutes 419; and
5. Ensure that certain life safety standards are followed in order to keep the residents
safe in the event of a fire (similar to fire safety requirements applicable to the homes and
facilities referenced in paragraph four(4)above);
6. The "Community Housing' aspect of"Day and Night Treatment with Community
Housing" is already licensed by the Department of Children and Families Services, pursuant to
Florida Statutes, 397.311(18)(a)(3), and the only difference between the licensed facilities
referenced in that statute and unlicensed sober houses is that the "Community Housing" facility,
which is nothing more than a residence for persons in recovery, is owned, operated or both, by
the same person or entity who owns and operates the "Day and Night Treatment Facility" even
though no treatment is provided in the "Community Housing" home, whereas a sober house
(again, nothing more than a residence for persons in recovery) may be owned or operated by
anyone, and is not directly affiliated with the treatment facility; and
WHEREAS, uniform regulation of sober houses will provide safety measures for
disadvantaged groups and protect both affected residents and their surrounding communities; and
WHEREAS,the City Commission finds that the regulations of sober houses would be in
the best interest of and for the protection of the health, safety and welfare of City residents, both
temporary and permanent;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA: '
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Section 1. That the foregoing "Whereas" clauses are ratified, made a part of and
incorporated into this Resolution by this reference.
Section 2. That the City Commission urges the State Administration and the Florida
Legislature to support the regulation and licensing of recovery residences, also known as sober
houses throughout the state.
Section 3. That the City Clerk is directed to distribute a copy of this Resolution to
Governor Rick Scott, the Speaker of the Florida House of Representatives, President of the
Florida Senate, the members of the Broward County Legislative Delegation, the Florida League
of Cities, the Florida Association of Counties,the Florida City-County Management Association,
the Broward County Board of County Commissioners, the Broward County League of Cities,
and each of the municipalities in Broward County.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED November 26, 2013.
ATTEST:
LOUISE STILSON, CMC WAL R B. DUKE III
CITY CLERK MAYOR
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APPROVED AS FO AND CORRECTNESS: — -
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THO'MkS J. SB O
CITY ATT RNEY
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