Michael Owen proposal draws lines between treatment providers and recovery housing

Apollo Beach Republican Rep. Michael Owen is pushing legislation that would more clearly separate treatment providers from recovery housing in Florida, limiting when mental health providers can use certified recovery residences to house patients and changing how those facilities are licensed and inspected.

HB 923 would update state laws governing recovery residences and licensed mental health and substance abuse providers, with changes affecting housing rules, licensing, inspections and record-keeping.

The bill aims to separate treatment from housing, spelling out when providers can use recovery residences, also known as sober living homes, to house patients and when they must operate fully licensed facilities instead. It also seeks to make it easier for existing providers to expand services or change ownership.

Under the proposal, most licensed mental health treatment providers would no longer be allowed to house their patients in recovery residences. Those patients would instead have to live in housing licensed specifically as a mental health facility.

An exception would allow certain higher-level providers to use certified recovery residences to house people receiving outpatient mental health treatment, as long as residents are separated based on their primary diagnosis.

The bill, filed Monday, would also change how licenses are handled, allowing both probationary and regular licenses to be transferred to new owners and narrowing what qualifies as a license transfer.

HB 923 would require the Department of Children and Families to issue a regular license within 30 days to an existing provider seeking to add services or expand to new locations, as long as the provider remains in good standing.

The measure would also tie treatment room size and group occupancy limits to statewide building and fire codes, rather than separate agency rules.

Other provisions allow credentialing entities to conduct inspections of recovery residences but limit their access to clinical and medical records when considering disciplinary action. The bill would also adjust notification timelines for certain personnel issues, remove a requirement that some executives be immediately removed following an arrest, and make certain recovery residence records confidential.

HB 923 has not yet been referred to committee. If approved, it would take effect July 1.