HB 295 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to substance abuse service providers; 2
amending ss. 397.403 and 397.410, F.S.; prohibiting 3
the use of specified substances on certain premises; 4
amending s. 397.411, F.S.; requiring the Department of 5
Children and Families to establish a mechanism for the 6
imposition and collection of fines for certain 7
violations; amending s. 397.487, F.S.; prohibiting the 8
use of marijuana on certain premises; provid ing 9
penalties for trespass in a recovery residence; 10
amending s. 397.4873, F.S.; prohibiting a service 11
provider from referring patients to certain recovery 12
residences; requiring a referral to include the 13
placement of a patient into specified programs; 14
requiring the department to establish a mechanism for 15
the imposition and collection of fines for certain 16
violations; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Paragraph (k) is added to subsection (1) of 21
section 397.403, Florida Statutes, to read: 22
397.403 License application. — 23
(1) Applicants for a license under this chapter must apply 24
to the department on forms provided by the department and in 25
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accordance with rules adopted by the department. A pplications 26
must include at a minimum: 27
(k) A prohibition on the premises against alcohol, 28
marijuana, illegal drugs, and the use of prescribed medications 29
by an individual other than the individual for whom the 30
medication is prescribed. 31
Section 2. Paragraph (f) is added to subsection (1) of 32
section 397.410, Florida Statutes, to read: 33
397.410 Licensure requirements; minimum standards; rules. — 34
(1) The department shall establish minimum requirements 35
for licensure of each service component, as defined in s. 36
397.311(26), including, but not limited to: 37
(f) A prohibition on the premises against alcohol, 38
marijuana, illegal drugs, and the use of prescribed medications 39
by an individual other than the individual for whom the 40
medication is prescribed. 41
Section 3. Section 397.411, Florida Statutes, is amended 42
to read: 43
397.411 Inspection; right of entry; classification of 44
violations; records; penalties.— 45
(1)(a) An authorized agent of the department may conduct 46
announced or unannounced inspections, at any time, of a licensed 47
service provider to determine whether it is in compliance with 48
statutory and regulatory requirements, including, but not 49
limited to, the minimum requirements for licensure in s. 50
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397.410. 51
(b) An authorized agent of the department may, with the 52
permission of the person in charge of the premises or pursuant 53
to a warrant, enter and inspect any unlicensed service provider 54
it reasonably suspects to be operating in violation of any 55
provision of this chapter. 56
(c) An application for licensure as a service provider 57
under this chapter constitutes full permission for an authorized 58
agent of the department to enter and inspect the premises of 59
such service provider at any time. 60
(2) The department shall accept, in lieu of its own 61
inspections for licensure, the survey or inspection of an 62
accrediting organization, if the provider is accredited 63
according to the provisions of s. 394.741 and the department 64
receives the report of the accrediting organization. 65
(3) Notwithstanding the confidentiality prov isions of this 66
chapter, a designated and authorized agent of the department may 67
access the records of the individuals served by licensed service 68
providers, but only for purposes of licensing, monitoring, and 69
investigation. The department may interview indi viduals, as 70
specified by rule. 71
(4) The authorized agents of the department may schedule 72
periodic inspections of licensed service providers in order to 73
minimize costs and the disruption of services; however, such 74
authorized agents may inspect the faciliti es of any licensed 75
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service provider at any time. 76
(5) In an effort to coordinate inspections among agencies, 77
the department shall notify applicable state agencies of any 78
scheduled licensure inspections of service providers jointly 79
funded by the agencies. 80
(6) The department shall maintain as public information, 81
available to any person upon request and upon payment of a 82
reasonable charge for copying, copies of licensure reports of 83
licensed providers. 84
(7) Violations of this part or applicable rules shall be 85
classified according to the nature of the violation and the 86
gravity of its probable effect on an individual receiving 87
substance abuse treatment. Violations shall be classified on the 88
written notice as follows: 89
(a) Class "I" violations are those condit ions or 90
occurrences related to the operation and maintenance of a 91
service component or to the treatment of an individual which the 92
department determines present an imminent danger or a 93
substantial probability that death or serious physical or 94
emotional harm would result therefrom. The condition or practice 95
constituting a class I violation shall be abated or eliminated 96
within 24 hours, unless a fixed period, as determined by the 97
department, is required for correction. The department shall 98
impose an administrative fine as provided by law for a cited 99
class I violation. A fine shall be levied notwithstanding the 100
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correction of the violation. 101
(b) Class "II" violations are those conditions or 102
occurrences related to the operation and maintenance of a 103
service component or to the treatment of an individual which the 104
department determines directly threaten the physical or 105
emotional health, safety, or security of the individual, other 106
than class I violations. The department shall impose an 107
administrative fine as provid ed by law for a cited class II 108
violation. A fine shall be levied notwithstanding the correction 109
of the violation. 110
(c) Class "III" violations are those conditions or 111
occurrences related to the operation and maintenance of a 112
service component or to the tre atment of an individual which the 113
department determines indirectly or potentially threaten the 114
physical or emotional health, safety, or security of the 115
individual, other than class I or class II violations. The 116
department shall impose an administrative fin e as provided in 117
this section for a cited class III violation. A citation for a 118
class III violation must specify the time within which the 119
violation is required to be corrected. If a class III violation 120
is corrected within the time specified, a fine may no t be 121
imposed. 122
(d) Class "IV" violations are those conditions or 123
occurrences related to the operation and maintenance of a 124
service component or to required reports, forms, or documents 125
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that do not have the potential of negatively affecting an 126
individual. These violations are of a type that the department 127
determines do not threaten the health, safety, or security of an 128
individual. The department shall impose an administrative fine 129
as provided in this section for a cited class IV violation. A 130
citation for a class IV violation must specify the time within 131
which the violation is required to be corrected. If a class IV 132
violation is corrected within the time specified, a fine may not 133
be imposed. 134
(8) The department shall establish a mechanism for the 135
imposition and collection of fines for violations of this 136
section no later than January 1, 2024. 137
Section 4. Paragraph (a) of subsection (3) and subsection 138
(11) of section 397.487, Florida Statutes, are amended to read: 139
397.487 Voluntary certification of recover y residences.— 140
(3) A credentialing entity shall require the recovery 141
residence to submit the following documents with the completed 142
application and fee: 143
(a) A policy and procedures manual containing: 144
1. Job descriptions for all staff positions. 145
2. Drug-testing procedures and requirements. 146
3. A prohibition on the premises against alcohol, 147
marijuana, illegal drugs, and the use of prescribed medications 148
by an individual other than the individual for whom the 149
medication is prescribed. 150
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4. Policies to support a resident's recovery efforts. 151
5. A good neighbor policy to address neighborhood concerns 152
and complaints. 153
(11)(a) Notwithstanding any landlord and tenant rights and 154
obligations under chapter 83, a recovery residence that is 155
certified under this section and has a discharge policy approved 156
by a department-recognized credentialing entity may immediately 157
discharge or transfer a resident in accordance with that policy 158
under any of the following circumstances: 159
1.(a) The discharge or transfer is nec essary for the 160
resident's welfare. 161
2.(b) The resident's needs cannot be met at the recovery 162
residence. 163
3.(c) The health and safety of other residents or recovery 164
residence employees is at risk or would be at risk if the 165
resident continues to live at th e recovery residence. 166
(b) Any person who is discharged from a recovery residence 167
under this subsection, and who willfully refuses to depart after 168
having been warned to do so by the owner or employee of the 169
recovery residence, commits the offense of tresp ass in a 170
recovery residence, a misdemeanor of the second degree, 171
punishable as provided in s. 775.082 or s. 775.083. 172
Section 5. Subsections (3) through (7) of section 173
397.4873, Florida Statutes, are renumbered as subsections (4) 174
through (8), respective ly, present subsections (3) and (6) are 175
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amended, and a new subsection (3) is added to that section, to 176
read: 177
397.4873 Referrals to or from recovery residences; 178
prohibitions; penalties. — 179
(3) Notwithstanding subsection (2), a service provider 180
licensed under this part may not make a referral of a 181
prospective, current, or discharged patient to, or accept a 182
referral of such patient from, a recovery residence that allows 183
the use of alcohol, marijuana, illegal drugs, or the use of 184
prescribed medications by an individual other than the 185
individual for whom the medication is prescribed on the 186
premises. 187
(4)(3) For purposes of this section, a licensed service 188
provider or recovery residence shall be considered to have made 189
a referral if the provider or recovery residence has informed a 190
patient by any means about the name, address, or other details 191
of a recovery residence or licensed service provider, or 192
informed a licensed service provider or a recovery residence of 193
any identifying details about a patient. A referral must also 194
include the placement of a patient by a licensed service 195
provider into the community ho using component of the provider's 196
day or night treatment with community housing regardless of 197
whether the community housing component is affiliated with the 198
licensed service provider. 199
(7)(6) A licensed service provider that violates this 200
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section is subject to an administrative fine of $1,000 per 201
occurrence. If such fine is imposed by final order of the 202
department and is not subject to further appeal, the service 203
provider shall pay the fine plus interest at the rate specified 204
in s. 55.03 for each day beyon d the date set by the department 205
for payment of the fine. If the service provider does not pay 206
the fine plus any applicable interest within 60 days after the 207
date set by the department, the department shall immediately 208
suspend the service provider's licens e. Repeat violations of 209
this section may subject a provider to license suspension or 210
revocation pursuant to s. 397.415. The department shall 211
establish a mechanism for the imposition and collection of fines 212
for violations of this subsection no later than Ja nuary 1, 2024. 213
Section 6. This act shall take effect July 1, 2023. 214