2021 Legislative Session Week 2 Update

We are at the end of week 2 of the 2021 Session and we are completely engaged. There are a couple of bills that have taken some considerable time and thought over the past two weeks that we will share with you. You can follow all of the bills we are currently tracking in real time on our website by clicking on the Legislative Tracker link on our home page. 

HB 319 / SB 804- Substance Abuse Service Providers (aka Sober Homes)

These related bills propose the following changes:  

553.80 Enforcement.— A single-family or two-family dwelling that is converted into a certified recovery residence, as defined in s. 131 397.311, or a recovery residence, as defined in s. 397.311, that has a charter from an entity recognized or sanctioned by Congress does not have a change of occupancy as defined in the Florida Building Code solely due to such conversion. 

Section 7. Paragraph (c) is added to subsection (8) of section 633.208, Florida Statutes, to read: 633.208 Minimum firesafety standards.— (8) (c) A property owner may not be required to install fire sprinklers in a one-family or two-family dwelling that is converted into a certified recovery residence, as defined in s.397.311, or a recovery residence, as defined in 397.311, that has a charter from an entity recognized or sanctioned by Congress based solely upon the use of such property as a recovery residence or any change in or reclassification of the  property's primary use to a recovery residence.

Many of you may already be aware, but there are several examples of Federal lawsuits successfully levied upon local government, including a judgement for $362,000 against the Louisiana State Fire Marshal for enforcement of the Board and Care occupancy chapters of NFPA 101. Please research Oxford Houses for some eye-opening details. By contrast, some locals have successfully defended their legal challenges. These bills and the background information is being forwarded by the Sober Home Task Force that is led by the Palm Beach County State Attorney. 

As we were not involved with the Sober Home Task Force deliberations which have been on-going for 2 plus years we are in a position of having to find compromise in a bad situation. Our first thought is to fight this bad legislation, but at what cost? We discussed the bad optics for local government and the accompanying bad press when a fire occurs and there is not sufficient built in fire protection, but their argument reverts back to these are single family homes as designated by Congress with family type living arrangements. Our codes are not applicable. We have argued it is the use when over extending capacity of a typical home occurs and not the structure that is regulated, but again to no avail. 

With that in mind, an amendment was recommended that we remove the fire prevention code enforcement criteria for these types of recovery centers completely out of our area of responsibility. This would create clear direction to local ahj’s that we do not inspect single family homes and duplexes related to the use of “certified recovery homes”. This may not be an acceptable approach, but an opportunity will be provided for others to express concerns at committee meetings.

This bill has 3 more sub/committee stops in the House and 2 in the Senate. We will see where it lands and provide as much as we can for updates.

Have a great weekend.

Jon Pasqualone

Executive Director