SB 738 – Relating to Substance Abuse Services and Sober House Transitional Living Homes
SB 738 does the following:
· Adds definition of sober house transitional living home to 397.311 – “sober house transitional living home” means a residential dwelling unit that provides a peer-supported, managed alcohol-free and drug-free living environment.
· Requires that all applicants for licensure under 397.403 (substance abuse licensure) meet local, municipal and county standards for zoning and occupancy.
· Those applying for licensure as a sober house transitional living home, day or night treatment, day or night treatment with community housing or residential treatment shall provide notice to the Chief Executive Officer of the city or county that governs where facility will be located. The applicant shall state in notice:
- the facility will not be within 1,000 feet of sober house transitional living home, day or night treatment, day or night treatment with community housing or residential treatment
- the maximum number of residents that will reside at the proposed facility
- the licensed service components to be provided at the facility.
· City or county government shall review notice to determine whether facility complies with its zoning and occupancy standards and distance requirements. City and county will also consider:
- whether siting of facility would result in overconcentration of facilities in proximate area of proposed facility and could substantially alter nature and character of the area
- city or county shall notify applicant and the Department of Children and Families of its determination
· By September 1, 2013 all units that were operating as sober house transition living homes before July 1, 2013 shall apply for licensure and provide written notice to the city or county government; the city or county government shall make a determination.
· Sober house transitional living homes or existing facilities that offer day or night treatment, day or night treatment with community housing or residential treatment are subject to local, municipal, or county zoning and occupancy standards.
· If city or county determine that a proposed or existing facility does not comply, the conflict can be resolved by informal mediation, if both parties agree.
- the city or county shall arrange for the services of an independent mediator
- the city or county may initiate dispute resolution proceedings under S.186.509
- mediation process must be concluded in 45 days
- this section may not be construed as altering an applicant’s statutory or common law rights
· City and county governments are not required to adopt a new ordinance if it has standing ordinance that addresses location, number of residents and service components.
· State law that governs sober house transitional living home, day or night treatment, day or night treatment with community housing or residential treatment prevails over a local ordinance; city or county government are not precluded from adopting a more liberal ordinance that governs such facilities.
· Act takes effect July 1, 2013.