The Palm Beaches are known worldwide as a popular destination for presidential candidates by the dozen, invasive species by the score, winter tourists by the million, and recently for the uncontrolled influx of "Sober Homes".
From Boca Raton to West Palm Beach and extending westward to Wellington, desperate homeowners in local neighborhoods are seeking relief from the concentration of alcohol and drug abuse recovery residential living facilities in their communities.
Sober Living Houses (SLH), commonly called Sober Homes, are defined as alcohol and drug-free group living environments for individuals attempting to maintain abstinence from addictive substances and medications.
Sober Homes are not licensed as medical treatment centers, but do provide, in a best case scenario, supervised residential and counseling services for patients in recovery.
There are profits to be made in the operation of Sober Homes. Insurance policies, including coverage under the Affordable Care Act, provide payments to the private sector and not-for-profit organizations that operate Sober Homes while recovering addicts receive treatment.
Palm Beach County is the destination of choice for Sober Home sponsors for the same reasons the county is a magnet for tourists, retirees and new residents. The Palm Beaches offer a desirable climate and environment, low tax rates, high-quality hospitals and medical services, and compliant zoning that allows Sober Homes.
Sober Homes are unregulated in Florida, so no one knows for sure how many of the group residential facilities are located in Palm Beach County. Of the 236 rehab residences that "voluntarily" registered with the Florida Association of Recovery Residences, 118 were in the Palm Beaches as of 2016.
Delray Beach Mayor Cary Glickstein recently estimated hundreds of Sober Homes are located in his city alone. As of December 2016, the City of West Palm Beach staff were aware of 75 Sober Homes operating within its city limits. The total continues to increase.
Palm Beach County, like most of the nation, is facing a serious opioid (heroin, morphine) epidemic. In October 2016, a total of 88 heroin overdose cases were reported - 11 were fatal.
Misuse of heroin, morphine and fentanyl caused 2,337 deaths in Florida in 2015, according to medical examiner reports. Palm Beach County health officials reported 215 heroin deaths the same year.
The growing death toll supports the need for Sober Homes. The main complaint of neighbors and local officials is lack of accountability and supervision of residents in the recovery programs. Recovering addicts removed from Sober Homes for rule violations, or lack of insurance payments, are not automatically returned to their home cities or country.
Medical records are not public, so no one knows how many addicts drop out of local treatment programs, nor do we know how many remain in Palm Beach County. Lack of information makes it difficult to address and resolve Sober Home issues.
What we do know is the heroin epidemic is becoming a burden for local taxpayers, for law enforcement officers responding to complaints, and for both hospital emergency rooms and medical first responders on the front line of the crisis.
In 2007, the City of Boca Raton attempted to prohibit Sober Homes from operating within single-family neighborhoods. The city went to court and lost its case, costing the Boca Raton taxpayers $1.3 million in legal fees.
The costly defeat served as a chilling warning for other cities considering similar regulations to limit concentrations of Sober Homes. Local officials petitioned their Congressional delegation for relief from the federal government.
Time to Enact New DOJ-HUD Guidelines
On Nov. 10, 2016, U.S. Rep. Lois Frankel's office released the new "Department of Justice and Housing and Urban Development Joint Statement" providing guidance "to help our neighborhoods health and integrity."
Persons receiving treatment for drug addiction, considered a disability, are protected by the Fair Housing Act and Americans with Disabilities Act. The DOJ-HUD guidelines offer three means of relieving the burden of Sober Homes on local government and communities. In summary, the relief measures state:
* Cities may deny group homes that impose "undue" financial and administrative burdens or fundamentally alter existing city zoning.
* Cities may establish licensing programs for group homes for health or safety reasons.
* The Fair Housing Act does not prevent state or local governments from taking action in response to criminal activity, insurance and medical fraud, negligence or abuse of residents or other illegal conduct.
With these new instructions, it is now up to local and state governments to enact regulations designed to assist hard-pressed residential neighborhoods. The problem is real. The need is great, and action is long overdue.
(c.) Davidsson. 2017
Note: See additional articles below and archived in Older Posts.
Sunday, January 1, 2017
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