HomeMy WebLinkAbout2013 12 09 Consent 306 Support for Sober Homes and Resolution 2013-32COMMISSION AGENDA
ITEM 306
December 09, 2013
Regular Meeting
REQUEST:
Informational
Consent
X
Public Hearings
Regular
KS
City Manager Department
Commissioner Joanne M. Krebs requests the City Commission to consider the information
in this Agenda Item related to one of the 2014 Florida League of Cities Legislative Policy
Statements: "Sober Homes ", and to offer their support on behalf of the City of Winter
Springs with the approval of Resolution Number 2013 -32.
SYNOPSIS:
"Sober Homes" (sometimes referred to as "Halfway Houses ") provides an environment
that is drug /alcohol free for individuals recovering from such addictions. Sober Homes
provide a safe and structured place for alcoholics or drug addicts to participate in specific
programs designed to help them recover. Often random drug and alcohol tests are given,
curfews are stipulated, and often the program participants become very active in their
own recovery, along with receiving support and understanding from others in similar
situations.
The issue of "Sober Homes" is one of the matters supported by the Florida League of
Cities who in turn, is asking for Florida municipalities to also extend their support. As
noted in the 2014 Legislative Action Agenda, "This proposed legislation defines and
establishes statewide minimum regulatory standards for properties used for 'sober home'
purposes and allows for more stringent local regulation of such properties."
CONSIDERATIONS:
The Florida League of Cities' 2014 Legislative Policy Statement on "Sober Homes"
states that "'Sober Homes' or 'Halfway Houses' for individuals with drug and alcohol
problems have been around for decades and provide needed transitional housing
Consent 306 PAGE 1 OF 3 - December 09, 2013
opportunities for people who are progressing through treatment for substance abuse
problems. Several cities throughout the state have been experiencing increasing
problems with sober homes. These homes are marketed as places where recovering
addicts can come to 'sober up' and be slowly phased back into society while getting
treatment for their addiction. Lately however, cities have seen a proliferation of self -
proclaimed 'sober homes' that are run by unscrupulous landlords who are exploiting
patients in order to make a profit. The Tampa Bay Times recently wrote a series of
articles describing some of the problems these unregulated facilities are causing for both
patients and non - patients alike in cities across the state.
The investigation into Sober Homes by Tampa Bay Times senior correspondent, Susan
Taylor Martin, uncovered a multitude of problems. Without licensing requirements, state
regulations or oversight setting minimum operating standards, many sober homes operate
in the shadows and are often 'fly -by- night' type facilities. The Times article reported
that "...in some homes, residents are housed two to three to a room. This is a lucrative
business if each person pays $500 per month, meaning a three- bedroom house with two
residents per bedroom can bring in $3,000 per month. But residents don't get what they
pay for."
With no regulation from government agencies, setting up a sober home is as easy as
renting a house to a few residents who pledge to live in sobriety and attend support
groups. The operators of these illegitimate sober homes often advertise on the Internet as
offering treatment on -site or providing transportation to off -site treatment facilities. Once
residents arrive, they find that no treatment is offered and there is very little oversight by
the owners of the sober home. Instead, residents are free to do whatever they choose,
which for many means to hit the streets to find drugs or alcohol (and in one Delray
Beach home attached to a bar, they don't have to go too far). Law enforcement officials
have seen increases in crime and homelessness in neighborhoods where these sober
homes have located. Residents of these neighborhoods have reported an increase in
burglaries, panhandling and even some instances where the sober home operators are
openly using or selling drugs out of the sober home.
As a result of the lack of uniform state standards or regulations for 'sober homes,' there
are some houses that are nothing more than a group of individuals living together abiding
by self - imposed rules of sobriety, while other houses are operating just shy of
administering treatment on -site and flying under the radar of the Department of Children
and Families (DCF) because they are not 'formally affiliated with' a 'licensed service
provider.' (Those houses that are affiliated with a licensed Service Provider are currently
required to be licensed by DCF, while homes not affiliated with a licensed service
provider are not required to be licensed by DCF). Therefore, the League will be
supporting efforts to clearly define sober homes in statute and allow for the regulation of
these facilities. Sober homes will continue to be a problem for cities and law
enforcement in Florida until the legislature decides to act and place minimum operating
standards for these places into statute.
SB 738 (Clemens) and HB 1089 (Grant) were filed to address the sober home issue in
2013, but both bills died in committee. There was language inserted into SB 1500, the
General Appropriations Act, requiring the Department of Children and Families to study
the possible licensure of sober homes in Florida. DCF held three public hearings over the
summer and submitted a report to the president of the Senate, the speaker of the House
Consent 306 PAGE 2 OF 3 - December 09, 2013
and the governor on October 1, 2013. The report listed what other states are doing in
regards to sober home regulation, or the lack thereof, but ultimately concluded that
further study of the issue was needed prior to making recommendations."
Through Florida League of Cities Policy Meetings that Commissioner Joanne M. Krebs
has attended, the importance of this issue has come to light and Commissioner Krebs will
be working with our State Representative Jason Brodeur to promote the support of Sober
Homes, and is asking for the City Commission's support for her work with State
Representative Jason Brodeur on this issue by ratifying the attached proposed Resolution
2013 -32.
FISCAL IMPACT:
There is no fiscal impact related to this Agenda Item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Commissioner Joanne M. Krebs recommends the City Commission approve Resolution
Number 2013 -32 in support of the 2014 Florida League of Cities Legislative Policy
Statement: "Sober Homes "; authorize the proposed letter in this Agenda Item be sent to
Governor Rick Scott; and authorize Commissioner Joanne M. Krebs to work, on behalf of
the City, with Representative Brodeur to gain his support for this initiative.
ATTACHMENTS:
Attachment "A ": Proposed Winter Springs Resolution Number 2013 -32
supporting "Sober Homes" (3 pages)
Attachment "B ": Proposed Letter to Governor Rick Scott to be signed by
Commissioner Joanne M. Krebs with the City Commission's authority, in conjunction
with Resolution 2013 -32 (2 pages)
Attachment "C ": Resolution in support of "Sober Homes" as approved by the City of
Lake Alfred (3 pages)
Consent 306 PAGE 3 OF 3 - December 09, 2013
Attachment "A"
RESOLUTION NUMBER 2013 -32
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA URGING THE
FLORIDA LEAGUE OF CITIES TO SUPPORT
LEGISLATION TO REGULATE HALFWAY HOUSES ALSO
KNOWN AS SOBER HOUSES AND TO REQUIRE THAT
THESE FACILITIES BE LICENSED AS FORMAL
REHABILITATION TREATMENT FACILITIES BY THE
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES;
AND OFFERING THE CITY COMMISSION'S SUPPORT FOR
WINTER SPRINGS COMMISSIONER JOANNE M. KREBS
TO WORK WITH STATE OF FLORIDA REPRESENTATIVE
JASON BRODEUR ON THIS ISSUE, AND PROVIDING FOR
AN EFFECTIVE DATE.
'WHEREAS, the Florida Constitution and Chapters 163 and 166, Florida Statutes confer
broad home rule authority on municipalities to regulate the use of land in furtherance of the public's
health, `s`a�,fety and general welfare; and
p
HEREAS, most municipalities have adopted land development regulations, which
typically provide for a variety of housing types, including single family homes; and
f[�[HEREAS, single family home neighborhoods generally are of low density and consist of
traditional family units; and
WHEREAS, the United States Supreme Court has recognized that reserving land for single
family residences preserves the character of neighborhoods, securing "zones where family values,
youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for
people." See City of Edmonds v. Oxford House. 514 U.S. 725. 733 (1995); and
VVHEREAS, municipalities recognize the need to preserve the character and quality of life
offered by single family home neighborhoods, as expressed by the United States Supreme Court
against the goals and objectives of the State and Federal Fair Housing Acts and the Americans with
Disabilities Act; and
VIHEREAS, state legislation already exists which requires municipalities to provide
adequate housing opportunities for residents of community residential homes, and substance abuse
treatment facilities, and which promote the goals of the state and federal fair housing acts and the
American with Disabilities Acts, but do not result in adverse impacts to zoning schemes; and
CEREAS, there has been a proliferation of halfway houses or sober houses in the single
family residential neighborhoods throughout the State of Florida; and
City of Winter Springs, Florida
Resolution 2013 -3 2
Page 1 of 3
WHEREAS, it is common for halfway houses or sober houses to accommodate two adults
per bedroom in single family homes for a varying limited period of residency, typically a two to
three month period; and
'WHEREAS, the six to ten adults who may be residing in a halfway or sober house are
typically required to work, attend school, or do volunteer work as part of their sober living
arrangements with the operators of the facilities, which necessitates the use of a corresponding
number �o,`f� vehicles; and
WHEREAS, typically a single family home can only accommodate as many vehicles as can
be parked in the garage or driveway of the single family home; and
WHEREAS, it is not common for there to be a transition of families four to six times per
year in single family home neighborhoods; and
WHEREAS, the characteristics of halfway or sober houses are more consistent with those of
transient rental facilities than that of single family homes; and
WHEREAS, it is in the public interest and general welfare, and in keeping with the
preservation of the quality of life and character of single family neighborhoods to allow
municipalities to enact zoning regulations that regulate the location of halfway or sober houses as
transient living facilities; and
'WHEREAS, it is in the public interest and general welfare, and in keeping with the
preservation of the quality of life and character of single family neighborhoods to subject halfway
or sober houses to separation requirements similar to those statutory requirements which already
exist for community residential homes; and
WHEREAS, it is in the best interests of those individuals who are recovering from the
ravages of alcohol and/or drug addiction to be protected by requiring that the operators of halfway
or sober houses be licensed by the Department of Children and Families as is currently required for
the operators of residential treatment facilities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA THAT:
Section I. The Florida League of Cities is urged to vigorously pursue and promote
legislation during the 2014 session of the Florida Legislature which specifically recognizes that
municipalities may regulate the location of halfway or sober houses as transient rental facilities;
and/or establishes separation requirements similar to those which apply to community residential
homes that require the operators of halfway or sober houses to be licensed by the Department of
Children and Families similar to the operators of Residential Treatment Programs.
City of Winter Sprhgs, Florida
Resolution 2033 -32
Page 2 of 3
Section II. The City Clerk shall provide copies of this Resolution to the President of the
Florida Senate, the Speaker of the Florida House of Representatives, the Governor of the State of
Florida, as well as the Florida League of Cities.
Section III. The City of Winter Springs' City Clerk shall forward a copy of this Resolution
to Seminole County, and to each member of the Seminole County Board of County Commissioners,
for his or her respective consideration.
Section IV. The City of Winter Springs' City Clerk shall forward a copy of this Resolution
to the Tri- County League of Cities.
Section V. That this Resolution shall become effective immediately upon passage and
adoption.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the day of December 2013.
avier-e�,�, /raves /�xerint�- Jet rrrf /and ccizdecu��;PC/
tW r1eah -o 6e OT -ew
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Spruigs, Florida
Resolution 2013 -32
Page 3 of 3
Attachment "B"
JOANNE M. KREBS
OFFICE OF THE CITY COMMISSION
December 9, 2013
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708 -2799
Telephone (407) 327 -1800
Governor Rick Scott
Executive Office of Governor Rick Scott
400 South Monroe Street
Tallahassee, Florida 32399
Dear Governor Scott:
As you are aware, the Department of Children and Families performed a survey over the summer
regarding the feasibility of registering sober homes. This was done pursuant to the 2013 -2014
General Appropriations Act.
As an Elected Official representing the undersigned City, I urge you to support regulation of
Recovery Residences /Sober Houses in the form of state -wide licensing /registration for the
following reasons:
1. To create a consistent standard of operation to be applied consistently throughout the state.
2. To provide for accountability for the owners /operators of these homes.
3. To help end abuses that are occurring in some of the homes (i.e. House for Women operated
by a registered sexual offender; multi- family residence owned and operated by same person
as owner of bar it is attached to; insurance fraud; patient brokering; etc.).
4. To require background checks for owners /operators of the homes in order to help end the
abuses as referenced in paragraph 3 above. These background checks would be similar to
those already required for the owners /operators of the following types of homes /facilities:
a. Addictions Receiving Facility;
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; and
k. Facilities that provide prevention services
Letter to Governor Rick Scott
December 9, 2013
Page 2 of 2
Pursuant to §§ 397.311(18) and 397.403, Fla. Stat. as well as
1. Assisted Living Facilities;
m. Adult Family -Care Homes;
n. Adult Day Care Centers
Pursuant to §§ 429.174, 429.67, 429.919, Fla. Stat;, and
o. Service Providers for the Department of Elderly Affairs; and
P. Community Residential Homes pursuant to Chapter 419, Fla. Stat. to name just a
few.
5. To ensure that certain life safety standards are followed in order to keep the residents safe in
the event of a fire (similar to the requirements for the homes /facilities referenced in
Paragraph 5 above).
6. The "Community Housing" aspect of "Day or Night Treatment with Community Housing"
is already licensed by the Department of Children and Families pursuant to §
397.311(18)(x)3, Fla. Stat. and the only difference between the licensed facilities referenced
in this statute and unlicensed sober homes is that the "Community Housing" facility which
is nothing more than a residence for persons in recovery is owned and /or operated by the
same person or entity that owns and operates the "Day or 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.
Thank you very much for supporting the Cities of Florida.
Sincerely,
(Signature)
(Printed Name)
(Title)
(Municipality)
Sincerely,
Joanne M. Krebs
City Commissioner
Attachment "C"
RESOLUTION NO. 20 -13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LAKE ALFRED, FLORIDA URGING THE FLORIDA
LEAGUE OF CITIES TO SUPPORT LEGISLATION TO
REGULATE HALFWAY HOUSES ALSO KNOWN AS SOBER
HOUSES AND TO REQUIRE THAT THESE FACILITIES BE
LICENSED AS FORMAL REHABILITATION TREATMENT
FACILITIES BY THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Constitution and Chapters 163 and 166, Florida Statutes
confer broad home rule authority on municipalities to regulate the use of land in
furtherance of the public's health, safety and general welfare; and
WHEREAS, most municipalities have adopted land development regulations, which
typically provide for a variety of housing types, including single family homes; and
WHEREAS, single family home neighborhoods generally are of low density and
consist of traditional family units; and
WHEREAS, the United States Supreme Court has recognized that reserving land
for single family residences preserves the character of neighborhoods, securing "zones
where family values, youth values, and the blessings of quiet seclusion and clean air make
the area a sanctuary for people." See City of Edmonds v. Oxford House. 514 U.S. 725. 733
(1995 ); and
WHEREAS, municipalities recognize the need to preserve the character and quality of
life offered by single family home neighborhoods, as expressed by the United States
Supreme Court against the goals and objectives of the State and Federal Fair Housing
Acts and the Americans with Disabilities Act; and
WHEREAS, state legislation already exists which requires municipalities to provide
adequate housing opportunities for residents of community residential homes, and
substance abuse treatment facilities, and which promote the goals of the state and federal fair
housing acts and the American with Disabilities Acts, but do not result in adverse impacts to
zoning schemes; and
WHEREAS, there has been a proliferation of halfway houses or sober houses in the
single family residential neighborhoods throughout the state of Florida; and
WHEREAS, it is common for halfway houses or sober houses to accommodate
two adults per bedroom in single family homes for a varying limited period of residency,
1
Attachment "C"
typically a two to three month period; and
WHEREAS, the six to ten adults who may be residing in a halfway or sober house
are typically required to work, attend school, or do volunteer work as part of their sober
living arrangements with the operators of the facilities, which necessitates the use of a
corresponding number of vehicles; and
WHEREAS, typically a single family home can only accommodate as many vehicles
as can be parked in the garage or driveway of the single family home; and
WHEREAS, it is not common for there to be a transition of families four to six times
per year in single family home neighborhoods; and
WHEREAS, the characteristics of halfway or sober houses are more consistent with
those of transient rental facilities than that of single family homes; and
WHEREAS, it is in the public interest and general welfare, and in keeping with
the preservation of the quality of life and character of single family neighborhoods to allow
municipalities to enact zoning regulations that regulate the location of halfway or sober
houses as transient living facilities; and
WHEREAS, it is in the public interest and general welfare, and in keeping with the
preservation of the quality of life and character of single family neighborhoods to
subject halfway or sober houses to separation requirements similar to those statutory
requirements which already exist for community residential homes and;
WHEREAS, it is in the best interests of those individuals who are recovering from
the ravages of alcohol and/or drug addiction to be protected by requiring that the
operators of halfway or sober houses be licensed by the Department of Children and
Families as is currently required for the operators of residential treatment facilities.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF LAKE ALFRED, FLORIDA:
Section 1. The Florida League of Cities is urged to vigorously pursue and promote
legislation during the 2014 session of the Florida Legislature which specifically
recognizes that municipalities may regulate the location of halfway or sober houses as
transient rental facilities: and/or establishes separation requirements similar to those
which apply to community residential homes that require the operators of halfway or sober
houses to be licensed by the Department of Children and Families similar to the operators of
Residential Treatment Programs.
K
Attachment "C"
Section 2. This Resolution shall take effect immediately upon adoption, November 4,
2013.
ATTEST:
Linda Bourgeois, M.M.C.
City Clerk
APPROVED AS TO FORM:
Frederick J. Murphy, Jr., ay Attor y
fi
CITY OF LAKE ALFRED, FLORIDA
CITY COMMISSION
Nancy 44b , Mayor (T