CS/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
providing a definition for the term "medical 5
marijuana"; amending s. 397.411, F.S.; requiring the 6
Department of Children and Families to establish a 7
mechanism for the imposition and collection of fines 8
for certain violations; amending s. 397.487, F.S.; 9
prohibiting the use of medical marijuana on certain 10
premises; providing a definition for the term "medical 11
marijuana"; providing penalties for trespass in a 12
recovery residence; amending s. 397.4873, F.S.; 13
prohibiting a service provider from referring patients 14
to, or accepting referrals of patients from, certain 15
recovery residences; providing a definition for the 16
term "medical marijuana"; requiring a referral to 17
include the placement of a patient into specified 18
programs; requiring the department to establish a 19
mechanism for the imposition and collection of fines 20
for certain violations; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraph (k) is added to subsection (1) of 25
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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
section 397.403, Florida St atutes, to read: 26
397.403 License application. — 27
(1) Applicants for a license under this chapter must apply 28
to the department on forms provided by the department and in 29
accordance with rules adopted by the department. Applications 30
must include at a minim um: 31
(k) A prohibition on the premises against illegal drugs, 32
alcohol, medical marijuana, and the use of prescribed 33
medications by an individual other than the individual for whom 34
the medication is prescribed. For purposes of this paragraph, 35
the term "medical marijuana" means marijuana that has been 36
certified by a qualified physician for medical use in accordance 37
with s. 381.986. 38
Section 2. Paragraph (f) is added to subsection (1) of 39
section 397.410, Florida Statutes, to read: 40
397.410 Licensure requi rements; minimum standards; rules. — 41
(1) The department shall establish minimum requirements 42
for licensure of each service component, as defined in s. 43
397.311(26), including, but not limited to: 44
(f) A prohibition on the premises against illegal drugs, 45
alcohol, medical marijuana, and the use of prescribed 46
medications by an individual other than the individual for whom 47
the medication is prescribed. For purposes of this paragraph, 48
the term "medial marijuana" means marijuana certified by a 49
qualified physician for medical use in accordance with s. 50
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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
381.986. 51
Section 3. Subsection (8) is added to section 397.411, 52
Florida Statutes, to read: 53
397.411 Inspection; right of entry; classification of 54
violations; records; penalties.— 55
(8) The department shall estab lish a mechanism for the 56
imposition and collection of fines for violations of this 57
section no later than January 1, 2024. 58
Section 4. Paragraph (a) of subsection (3) of section 59
397.487, Florida Statutes, is amended, and subsection (12) is 60
added to that section, to read: 61
397.487 Voluntary certification of recovery residences. — 62
(3) A credentialing entity shall require the recovery 63
residence to submit the following documents with the completed 64
application and fee: 65
(a) A policy and procedures manual containing: 66
1. Job descriptions for all staff positions. 67
2. Drug-testing procedures and requirements. 68
3. A prohibition on the premises against illegal drugs, 69
alcohol, medical marijuana, illegal drugs, and the use of 70
prescribed medications by an indiv idual other than the 71
individual for whom the medication is prescribed. For purposes 72
of this subparagraph, the term "medical marijuana" means 73
marijuana certified by a qualified physician for medical use in 74
accordance with s. 381.986. 75
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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
4. Policies to suppor t a resident's recovery efforts. 76
5. A good neighbor policy to address neighborhood concerns 77
and complaints. 78
(12) Any person who is discharged from a recovery 79
residence under subsection (11) who willfully refuses to depart 80
after being warned by the owne r or an authorized employee of the 81
recovery residence commits the offense of trespass in a recovery 82
residence, a misdemeanor of the second degree, punishable as 83
provided in s. 775.082 or s. 775.083. 84
Section 5. Subsections (3) through (7) of section 85
397.4873, Florida Statutes, are renumbered as subsections (4) 86
through (8), respectively, present subsections (3) and (6) are 87
amended, and a new subsection (3) is added to that section, to 88
read: 89
397.4873 Referrals to or from recovery residences; 90
prohibitions; penalties.— 91
(3) Notwithstanding subsection (2), a service provider 92
licensed under this part may not make a referral of a 93
prospective, current, or discharged patient to, or accept a 94
referral of such patient from, a recovery residence that allows 95
the use of illegal drugs, alcohol, or medical marijuana, or the 96
use of prescribed medications by an individual other than the 97
individual for whom the medication is prescribed, on the 98
premises. For purposes of this subsection, the term "medical 99
marijuana" means marijuana certified by a qualified physician 100
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for medical use in accordance with s. 381.986. 101
(4)(3) For purposes of this section, a licensed service 102
provider or recovery residence shall be considered to have made 103
a referral if the provider or recovery resid ence has informed a 104
patient by any means about the name, address, or other details 105
of a recovery residence or licensed service provider, or 106
informed a licensed service provider or a recovery residence of 107
any identifying details about a patient. A referral must also 108
include the placement of a patient by a licensed service 109
provider into the community housing component of the provider's 110
day or night treatment with community housing regardless of 111
whether the community housing component is affiliated with the 112
licensed service provider. 113
(7)(6) A licensed service provider that violates this 114
section is subject to an administrative fine of $1,000 per 115
occurrence. If such fine is imposed by final order of the 116
department and is not subject to further appeal, the servi ce 117
provider shall pay the fine plus interest at the rate specified 118
in s. 55.03 for each day beyond the date set by the department 119
for payment of the fine. If the service provider does not pay 120
the fine plus any applicable interest within 60 days after the 121
date set by the department, the department shall immediately 122
suspend the service provider's license. Repeat violations of 123
this section may subject a provider to license suspension or 124
revocation pursuant to s. 397.415. The department shall 125
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establish a mechanism for the imposition and collection of fines 126
for violations of this subsection no later than January 1, 2024. 127
Section 6. This act shall take effect July 1, 2023. 128