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Florida Statute 397.4871 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 397
SUBSTANCE ABUSE SERVICES
View Entire Chapter
F.S. 397.4871
397.4871 Recovery residence administrator certification.
(1) It is the intent of the Legislature that a recovery residence administrator voluntarily earn and maintain certification from a credentialing entity approved by the Department of Children and Families. The Legislature further intends that certification ensure that an administrator has the competencies necessary to appropriately respond to the needs of residents, to maintain residence standards, and to meet residence certification requirements.
(2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary credentialing program for administrators. The department shall approve any credentialing entity that the department endorses pursuant to s. 397.321(15) if the credentialing entity also meets the requirements of this section. The approved credentialing entity shall:
(a) Establish recovery residence administrator core competencies, certification requirements, testing instruments, and recertification requirements.
(b) Establish a process to administer the certification application, award, and maintenance processes.
(c) Develop and administer:
1. A code of ethics and disciplinary process.
2. Biennial continuing education requirements and annual certification renewal requirements.
3. An education provider program to approve training entities that are qualified to provide precertification training to applicants and continuing education opportunities to certified persons.
(3) A credentialing entity shall establish a certification program that:
(a) Is directly related to the core competencies.
(b) Establishes minimum requirements in each of the following categories:
1. Training.
2. On-the-job work experience.
3. Supervision.
4. Testing.
5. Biennial continuing education.
(c) Requires adherence to a code of ethics and provides for a disciplinary process that applies to certified persons.
(d) Approves qualified training entities that provide precertification training to applicants and continuing education to certified recovery residence administrators. To avoid a conflict of interest, a credentialing entity or its affiliate may not deliver training to an applicant or continuing education to a certificateholder.
(4) A credentialing entity shall establish application, examination, and certification fees and an annual certification renewal fee. The application, examination, and certification fee may not exceed $225. The annual certification renewal fee may not exceed $100.
(5) All applicants are subject to level 2 background screening as provided under chapter 435. An applicant is ineligible, and a credentialing entity shall deny the application, if the applicant has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809 or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of the applicant’s eligibility based on the results of his or her background screening.
(6) The credentialing entity shall issue a certificate of compliance upon approval of a person’s application. The certification shall automatically terminate 1 year after issuance if not renewed.
(a) A credentialing entity may suspend or revoke the recovery residence administrator’s certificate of compliance if the recovery residence administrator fails to adhere to the continuing education requirements.
(b) If a certified recovery residence administrator of a recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal. The certified recovery residence shall retain a certified recovery residence administrator within 90 days after such removal. The credentialing entity must revoke the certificate of compliance of any recovery residence that fails to meet these requirements.
(c) A credentialing entity must revoke a certified recovery residence administrator’s certificate of compliance if the recovery residence administrator provides false or misleading information to the credentialing entity at any time.
(7) A person may not advertise himself or herself to the public, in any way or by any medium whatsoever, as a “certified recovery residence administrator” unless he or she has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8)(a) A certified recovery residence administrator must demonstrate the ability to effectively and appropriately respond to the needs of residents, to maintain residence standards, and to meet the certification requirements of this section.
(b) A certified recovery residence administrator may not actively manage more than 50 residents at any given time unless written justification is provided to, and approved by, the credentialing entity as to how the administrator is able to effectively and appropriately respond to the needs of the residents, to maintain residence standards, and to meet the residence certification requirements of this section. However, a certified recovery residence administrator may not actively manage more than 100 residents at any given time.
(c) Notwithstanding paragraph (b), a Level IV certified recovery residence operating as community housing as defined in s. 397.311(9), which residence is actively managed by a certified recovery residence administrator approved for 100 residents under this section and is wholly owned or controlled by a licensed service provider, may actively manage up to 150 residents so long as the licensed service provider maintains a service provider personnel-to-patient ratio of 1 to 8 and maintains onsite supervision at the residence 24 hours a day, 7 days a week, with a personnel-to-resident ratio of 1 to 10. A certified recovery residence administrator who has been removed by a certified recovery residence due to termination, resignation, or any other reason may not continue to actively manage more than 50 residents for another service provider or certified recovery residence without being approved by the credentialing entity.
History.s. 3, ch. 2015-100; s. 73, ch. 2016-241; s. 3, ch. 2020-38; s. 4, ch. 2021-128; s. 4, ch. 2022-31; s. 4, ch. 2024-176.

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Arrestable Offenses / Crimes under Fla. Stat. 397.4871
Level: Degree
Misdemeanor/Felony: First/Second/Third

S397.4871 7 - FRAUD-IMPERSON - ADVERT ONESELF AS CERTIFI RECOV RESID ADMINIS - M: F



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