| 18 | | - | providing a definition for the term "medical 5 |
|---|
| 19 | | - | marijuana"; amending s. 397.411, F.S.; requiring the 6 |
|---|
| 20 | | - | Department of Children and Families to establish a 7 |
|---|
| 21 | | - | mechanism for the imposition and collection of fines 8 |
|---|
| 22 | | - | for certain violations; amending s. 397.487, F.S.; 9 |
|---|
| 23 | | - | prohibiting the use of medical marijuana on certain 10 |
|---|
| 24 | | - | premises; providing a definition for the term "medical 11 |
|---|
| 25 | | - | marijuana"; providing penalties for trespass in a 12 |
|---|
| 26 | | - | recovery residence; amending s. 397.4873, F.S.; 13 |
|---|
| 27 | | - | prohibiting a service provider from referring patients 14 |
|---|
| 28 | | - | to, or accepting referrals of patients from, certain 15 |
|---|
| 29 | | - | recovery residences; providing a definition for the 16 |
|---|
| 30 | | - | term "medical marijuana"; requiring a referral to 17 |
|---|
| 31 | | - | include the placement of a patient into specified 18 |
|---|
| 32 | | - | programs; requiring the department to establish a 19 |
|---|
| 33 | | - | mechanism for the imposition and collection of fines 20 |
|---|
| 34 | | - | for certain violations; providing an effective date. 21 |
|---|
| 35 | | - | 22 |
|---|
| 36 | | - | Be It Enacted by the Legislature of the State of Florida: 23 |
|---|
| 37 | | - | 24 |
|---|
| 38 | | - | Section 1. Paragraph (k) is added to subsection (1) of 25 |
|---|
| 18 | + | amending s. 397.411, F.S.; requiring the Department of 5 |
|---|
| 19 | + | Children and Families to establish a mechanism for the 6 |
|---|
| 20 | + | imposition and collection of fines for certain 7 |
|---|
| 21 | + | violations; amending s. 397.487, F.S.; prohibiting the 8 |
|---|
| 22 | + | use of marijuana on certain premises; provid ing 9 |
|---|
| 23 | + | penalties for trespass in a recovery residence; 10 |
|---|
| 24 | + | amending s. 397.4873, F.S.; prohibiting a service 11 |
|---|
| 25 | + | provider from referring patients to certain recovery 12 |
|---|
| 26 | + | residences; requiring a referral to include the 13 |
|---|
| 27 | + | placement of a patient into specified programs; 14 |
|---|
| 28 | + | requiring the department to establish a mechanism for 15 |
|---|
| 29 | + | the imposition and collection of fines for certain 16 |
|---|
| 30 | + | violations; providing an effective date. 17 |
|---|
| 31 | + | 18 |
|---|
| 32 | + | Be It Enacted by the Legislature of the State of Florida: 19 |
|---|
| 33 | + | 20 |
|---|
| 34 | + | Section 1. Paragraph (k) is added to subsection (1) of 21 |
|---|
| 35 | + | section 397.403, Florida Statutes, to read: 22 |
|---|
| 36 | + | 397.403 License application. — 23 |
|---|
| 37 | + | (1) Applicants for a license under this chapter must apply 24 |
|---|
| 38 | + | to the department on forms provided by the department and in 25 |
|---|
| 51 | | - | section 397.403, Florida St atutes, to read: 26 |
|---|
| 52 | | - | 397.403 License application. — 27 |
|---|
| 53 | | - | (1) Applicants for a license under this chapter must apply 28 |
|---|
| 54 | | - | to the department on forms provided by the department and in 29 |
|---|
| 55 | | - | accordance with rules adopted by the department. Applications 30 |
|---|
| 56 | | - | must include at a minim um: 31 |
|---|
| 57 | | - | (k) A prohibition on the premises against illegal drugs, 32 |
|---|
| 58 | | - | alcohol, medical marijuana, and the use of prescribed 33 |
|---|
| 59 | | - | medications by an individual other than the individual for whom 34 |
|---|
| 60 | | - | the medication is prescribed. For purposes of this paragraph, 35 |
|---|
| 61 | | - | the term "medical marijuana" means marijuana that has been 36 |
|---|
| 62 | | - | certified by a qualified physician for medical use in accordance 37 |
|---|
| 63 | | - | with s. 381.986. 38 |
|---|
| 64 | | - | Section 2. Paragraph (f) is added to subsection (1) of 39 |
|---|
| 65 | | - | section 397.410, Florida Statutes, to read: 40 |
|---|
| 66 | | - | 397.410 Licensure requi rements; minimum standards; rules. — 41 |
|---|
| 67 | | - | (1) The department shall establish minimum requirements 42 |
|---|
| 68 | | - | for licensure of each service component, as defined in s. 43 |
|---|
| 69 | | - | 397.311(26), including, but not limited to: 44 |
|---|
| 70 | | - | (f) A prohibition on the premises against illegal drugs, 45 |
|---|
| 71 | | - | alcohol, medical marijuana, and the use of prescribed 46 |
|---|
| 72 | | - | medications by an individual other than the individual for whom 47 |
|---|
| 73 | | - | the medication is prescribed. For purposes of this paragraph, 48 |
|---|
| 74 | | - | the term "medial marijuana" means marijuana certified by a 49 |
|---|
| 75 | | - | qualified physician for medical use in accordance with s. 50 |
|---|
| 51 | + | accordance with rules adopted by the department. A pplications 26 |
|---|
| 52 | + | must include at a minimum: 27 |
|---|
| 53 | + | (k) A prohibition on the premises against alcohol, 28 |
|---|
| 54 | + | marijuana, illegal drugs, and the use of prescribed medications 29 |
|---|
| 55 | + | by an individual other than the individual for whom the 30 |
|---|
| 56 | + | medication is prescribed. 31 |
|---|
| 57 | + | Section 2. Paragraph (f) is added to subsection (1) of 32 |
|---|
| 58 | + | section 397.410, Florida Statutes, to read: 33 |
|---|
| 59 | + | 397.410 Licensure requirements; minimum standards; rules. — 34 |
|---|
| 60 | + | (1) The department shall establish minimum requirements 35 |
|---|
| 61 | + | for licensure of each service component, as defined in s. 36 |
|---|
| 62 | + | 397.311(26), including, but not limited to: 37 |
|---|
| 63 | + | (f) A prohibition on the premises against alcohol, 38 |
|---|
| 64 | + | marijuana, illegal drugs, and the use of prescribed medications 39 |
|---|
| 65 | + | by an individual other than the individual for whom the 40 |
|---|
| 66 | + | medication is prescribed. 41 |
|---|
| 67 | + | Section 3. Section 397.411, Florida Statutes, is amended 42 |
|---|
| 68 | + | to read: 43 |
|---|
| 69 | + | 397.411 Inspection; right of entry; classification of 44 |
|---|
| 70 | + | violations; records; penalties.— 45 |
|---|
| 71 | + | (1)(a) An authorized agent of the department may conduct 46 |
|---|
| 72 | + | announced or unannounced inspections, at any time, of a licensed 47 |
|---|
| 73 | + | service provider to determine whether it is in compliance with 48 |
|---|
| 74 | + | statutory and regulatory requirements, including, but not 49 |
|---|
| 75 | + | limited to, the minimum requirements for licensure in s. 50 |
|---|
| 88 | | - | 381.986. 51 |
|---|
| 89 | | - | Section 3. Subsection (8) is added to section 397.411, 52 |
|---|
| 90 | | - | Florida Statutes, to read: 53 |
|---|
| 91 | | - | 397.411 Inspection; right of entry; classification of 54 |
|---|
| 92 | | - | violations; records; penalties.— 55 |
|---|
| 93 | | - | (8) The department shall estab lish a mechanism for the 56 |
|---|
| 94 | | - | imposition and collection of fines for violations of this 57 |
|---|
| 95 | | - | section no later than January 1, 2024. 58 |
|---|
| 96 | | - | Section 4. Paragraph (a) of subsection (3) of section 59 |
|---|
| 97 | | - | 397.487, Florida Statutes, is amended, and subsection (12) is 60 |
|---|
| 98 | | - | added to that section, to read: 61 |
|---|
| 99 | | - | 397.487 Voluntary certification of recovery residences. — 62 |
|---|
| 100 | | - | (3) A credentialing entity shall require the recovery 63 |
|---|
| 101 | | - | residence to submit the following documents with the completed 64 |
|---|
| 102 | | - | application and fee: 65 |
|---|
| 103 | | - | (a) A policy and procedures manual containing: 66 |
|---|
| 104 | | - | 1. Job descriptions for all staff positions. 67 |
|---|
| 105 | | - | 2. Drug-testing procedures and requirements. 68 |
|---|
| 106 | | - | 3. A prohibition on the premises against illegal drugs, 69 |
|---|
| 107 | | - | alcohol, medical marijuana, illegal drugs, and the use of 70 |
|---|
| 108 | | - | prescribed medications by an indiv idual other than the 71 |
|---|
| 109 | | - | individual for whom the medication is prescribed. For purposes 72 |
|---|
| 110 | | - | of this subparagraph, the term "medical marijuana" means 73 |
|---|
| 111 | | - | marijuana certified by a qualified physician for medical use in 74 |
|---|
| 112 | | - | accordance with s. 381.986. 75 |
|---|
| 88 | + | 397.410. 51 |
|---|
| 89 | + | (b) An authorized agent of the department may, with the 52 |
|---|
| 90 | + | permission of the person in charge of the premises or pursuant 53 |
|---|
| 91 | + | to a warrant, enter and inspect any unlicensed service provider 54 |
|---|
| 92 | + | it reasonably suspects to be operating in violation of any 55 |
|---|
| 93 | + | provision of this chapter. 56 |
|---|
| 94 | + | (c) An application for licensure as a service provider 57 |
|---|
| 95 | + | under this chapter constitutes full permission for an authorized 58 |
|---|
| 96 | + | agent of the department to enter and inspect the premises of 59 |
|---|
| 97 | + | such service provider at any time. 60 |
|---|
| 98 | + | (2) The department shall accept, in lieu of its own 61 |
|---|
| 99 | + | inspections for licensure, the survey or inspection of an 62 |
|---|
| 100 | + | accrediting organization, if the provider is accredited 63 |
|---|
| 101 | + | according to the provisions of s. 394.741 and the department 64 |
|---|
| 102 | + | receives the report of the accrediting organization. 65 |
|---|
| 103 | + | (3) Notwithstanding the confidentiality prov isions of this 66 |
|---|
| 104 | + | chapter, a designated and authorized agent of the department may 67 |
|---|
| 105 | + | access the records of the individuals served by licensed service 68 |
|---|
| 106 | + | providers, but only for purposes of licensing, monitoring, and 69 |
|---|
| 107 | + | investigation. The department may interview indi viduals, as 70 |
|---|
| 108 | + | specified by rule. 71 |
|---|
| 109 | + | (4) The authorized agents of the department may schedule 72 |
|---|
| 110 | + | periodic inspections of licensed service providers in order to 73 |
|---|
| 111 | + | minimize costs and the disruption of services; however, such 74 |
|---|
| 112 | + | authorized agents may inspect the faciliti es of any licensed 75 |
|---|
| 125 | | - | 4. Policies to suppor t a resident's recovery efforts. 76 |
|---|
| 126 | | - | 5. A good neighbor policy to address neighborhood concerns 77 |
|---|
| 127 | | - | and complaints. 78 |
|---|
| 128 | | - | (12) Any person who is discharged from a recovery 79 |
|---|
| 129 | | - | residence under subsection (11) who willfully refuses to depart 80 |
|---|
| 130 | | - | after being warned by the owne r or an authorized employee of the 81 |
|---|
| 131 | | - | recovery residence commits the offense of trespass in a recovery 82 |
|---|
| 132 | | - | residence, a misdemeanor of the second degree, punishable as 83 |
|---|
| 133 | | - | provided in s. 775.082 or s. 775.083. 84 |
|---|
| 134 | | - | Section 5. Subsections (3) through (7) of section 85 |
|---|
| 135 | | - | 397.4873, Florida Statutes, are renumbered as subsections (4) 86 |
|---|
| 136 | | - | through (8), respectively, present subsections (3) and (6) are 87 |
|---|
| 137 | | - | amended, and a new subsection (3) is added to that section, to 88 |
|---|
| 138 | | - | read: 89 |
|---|
| 139 | | - | 397.4873 Referrals to or from recovery residences; 90 |
|---|
| 140 | | - | prohibitions; penalties.— 91 |
|---|
| 141 | | - | (3) Notwithstanding subsection (2), a service provider 92 |
|---|
| 142 | | - | licensed under this part may not make a referral of a 93 |
|---|
| 143 | | - | prospective, current, or discharged patient to, or accept a 94 |
|---|
| 144 | | - | referral of such patient from, a recovery residence that allows 95 |
|---|
| 145 | | - | the use of illegal drugs, alcohol, or medical marijuana, or the 96 |
|---|
| 146 | | - | use of prescribed medications by an individual other than the 97 |
|---|
| 147 | | - | individual for whom the medication is prescribed, on the 98 |
|---|
| 148 | | - | premises. For purposes of this subsection, the term "medical 99 |
|---|
| 149 | | - | marijuana" means marijuana certified by a qualified physician 100 |
|---|
| 125 | + | service provider at any time. 76 |
|---|
| 126 | + | (5) In an effort to coordinate inspections among agencies, 77 |
|---|
| 127 | + | the department shall notify applicable state agencies of any 78 |
|---|
| 128 | + | scheduled licensure inspections of service providers jointly 79 |
|---|
| 129 | + | funded by the agencies. 80 |
|---|
| 130 | + | (6) The department shall maintain as public information, 81 |
|---|
| 131 | + | available to any person upon request and upon payment of a 82 |
|---|
| 132 | + | reasonable charge for copying, copies of licensure reports of 83 |
|---|
| 133 | + | licensed providers. 84 |
|---|
| 134 | + | (7) Violations of this part or applicable rules shall be 85 |
|---|
| 135 | + | classified according to the nature of the violation and the 86 |
|---|
| 136 | + | gravity of its probable effect on an individual receiving 87 |
|---|
| 137 | + | substance abuse treatment. Violations shall be classified on the 88 |
|---|
| 138 | + | written notice as follows: 89 |
|---|
| 139 | + | (a) Class "I" violations are those condit ions or 90 |
|---|
| 140 | + | occurrences related to the operation and maintenance of a 91 |
|---|
| 141 | + | service component or to the treatment of an individual which the 92 |
|---|
| 142 | + | department determines present an imminent danger or a 93 |
|---|
| 143 | + | substantial probability that death or serious physical or 94 |
|---|
| 144 | + | emotional harm would result therefrom. The condition or practice 95 |
|---|
| 145 | + | constituting a class I violation shall be abated or eliminated 96 |
|---|
| 146 | + | within 24 hours, unless a fixed period, as determined by the 97 |
|---|
| 147 | + | department, is required for correction. The department shall 98 |
|---|
| 148 | + | impose an administrative fine as provided by law for a cited 99 |
|---|
| 149 | + | class I violation. A fine shall be levied notwithstanding the 100 |
|---|
| 162 | | - | for medical use in accordance with s. 381.986. 101 |
|---|
| 163 | | - | (4)(3) For purposes of this section, a licensed service 102 |
|---|
| 164 | | - | provider or recovery residence shall be considered to have made 103 |
|---|
| 165 | | - | a referral if the provider or recovery resid ence has informed a 104 |
|---|
| 166 | | - | patient by any means about the name, address, or other details 105 |
|---|
| 167 | | - | of a recovery residence or licensed service provider, or 106 |
|---|
| 168 | | - | informed a licensed service provider or a recovery residence of 107 |
|---|
| 169 | | - | any identifying details about a patient. A referral must also 108 |
|---|
| 170 | | - | include the placement of a patient by a licensed service 109 |
|---|
| 171 | | - | provider into the community housing component of the provider's 110 |
|---|
| 172 | | - | day or night treatment with community housing regardless of 111 |
|---|
| 173 | | - | whether the community housing component is affiliated with the 112 |
|---|
| 174 | | - | licensed service provider. 113 |
|---|
| 175 | | - | (7)(6) A licensed service provider that violates this 114 |
|---|
| 176 | | - | section is subject to an administrative fine of $1,000 per 115 |
|---|
| 177 | | - | occurrence. If such fine is imposed by final order of the 116 |
|---|
| 178 | | - | department and is not subject to further appeal, the servi ce 117 |
|---|
| 179 | | - | provider shall pay the fine plus interest at the rate specified 118 |
|---|
| 180 | | - | in s. 55.03 for each day beyond the date set by the department 119 |
|---|
| 181 | | - | for payment of the fine. If the service provider does not pay 120 |
|---|
| 182 | | - | the fine plus any applicable interest within 60 days after the 121 |
|---|
| 183 | | - | date set by the department, the department shall immediately 122 |
|---|
| 184 | | - | suspend the service provider's license. Repeat violations of 123 |
|---|
| 185 | | - | this section may subject a provider to license suspension or 124 |
|---|
| 186 | | - | revocation pursuant to s. 397.415. The department shall 125 |
|---|
| 162 | + | correction of the violation. 101 |
|---|
| 163 | + | (b) Class "II" violations are those conditions or 102 |
|---|
| 164 | + | occurrences related to the operation and maintenance of a 103 |
|---|
| 165 | + | service component or to the treatment of an individual which the 104 |
|---|
| 166 | + | department determines directly threaten the physical or 105 |
|---|
| 167 | + | emotional health, safety, or security of the individual, other 106 |
|---|
| 168 | + | than class I violations. The department shall impose an 107 |
|---|
| 169 | + | administrative fine as provid ed by law for a cited class II 108 |
|---|
| 170 | + | violation. A fine shall be levied notwithstanding the correction 109 |
|---|
| 171 | + | of the violation. 110 |
|---|
| 172 | + | (c) Class "III" violations are those conditions or 111 |
|---|
| 173 | + | occurrences related to the operation and maintenance of a 112 |
|---|
| 174 | + | service component or to the tre atment of an individual which the 113 |
|---|
| 175 | + | department determines indirectly or potentially threaten the 114 |
|---|
| 176 | + | physical or emotional health, safety, or security of the 115 |
|---|
| 177 | + | individual, other than class I or class II violations. The 116 |
|---|
| 178 | + | department shall impose an administrative fin e as provided in 117 |
|---|
| 179 | + | this section for a cited class III violation. A citation for a 118 |
|---|
| 180 | + | class III violation must specify the time within which the 119 |
|---|
| 181 | + | violation is required to be corrected. If a class III violation 120 |
|---|
| 182 | + | is corrected within the time specified, a fine may no t be 121 |
|---|
| 183 | + | imposed. 122 |
|---|
| 184 | + | (d) Class "IV" violations are those conditions or 123 |
|---|
| 185 | + | occurrences related to the operation and maintenance of a 124 |
|---|
| 186 | + | service component or to required reports, forms, or documents 125 |
|---|
| 199 | | - | establish a mechanism for the imposition and collection of fines 126 |
|---|
| 200 | | - | for violations of this subsection no later than January 1, 2024. 127 |
|---|
| 201 | | - | Section 6. This act shall take effect July 1, 2023. 128 |
|---|
| 199 | + | that do not have the potential of negatively affecting an 126 |
|---|
| 200 | + | individual. These violations are of a type that the department 127 |
|---|
| 201 | + | determines do not threaten the health, safety, or security of an 128 |
|---|
| 202 | + | individual. The department shall impose an administrative fine 129 |
|---|
| 203 | + | as provided in this section for a cited class IV violation. A 130 |
|---|
| 204 | + | citation for a class IV violation must specify the time within 131 |
|---|
| 205 | + | which the violation is required to be corrected. If a class IV 132 |
|---|
| 206 | + | violation is corrected within the time specified, a fine may not 133 |
|---|
| 207 | + | be imposed. 134 |
|---|
| 208 | + | (8) The department shall establish a mechanism for the 135 |
|---|
| 209 | + | imposition and collection of fines for violations of this 136 |
|---|
| 210 | + | section no later than January 1, 2024. 137 |
|---|
| 211 | + | Section 4. Paragraph (a) of subsection (3) and subsection 138 |
|---|
| 212 | + | (11) of section 397.487, Florida Statutes, are amended to read: 139 |
|---|
| 213 | + | 397.487 Voluntary certification of recover y residences.— 140 |
|---|
| 214 | + | (3) A credentialing entity shall require the recovery 141 |
|---|
| 215 | + | residence to submit the following documents with the completed 142 |
|---|
| 216 | + | application and fee: 143 |
|---|
| 217 | + | (a) A policy and procedures manual containing: 144 |
|---|
| 218 | + | 1. Job descriptions for all staff positions. 145 |
|---|
| 219 | + | 2. Drug-testing procedures and requirements. 146 |
|---|
| 220 | + | 3. A prohibition on the premises against alcohol, 147 |
|---|
| 221 | + | marijuana, illegal drugs, and the use of prescribed medications 148 |
|---|
| 222 | + | by an individual other than the individual for whom the 149 |
|---|
| 223 | + | medication is prescribed. 150 |
|---|
| 224 | + | |
|---|
| 225 | + | HB 295 2023 |
|---|
| 226 | + | |
|---|
| 227 | + | |
|---|
| 228 | + | |
|---|
| 229 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 230 | + | hb0295-00 |
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| 231 | + | Page 7 of 9 |
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| 232 | + | 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 |
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| 233 | + | |
|---|
| 234 | + | |
|---|
| 235 | + | |
|---|
| 236 | + | 4. Policies to support a resident's recovery efforts. 151 |
|---|
| 237 | + | 5. A good neighbor policy to address neighborhood concerns 152 |
|---|
| 238 | + | and complaints. 153 |
|---|
| 239 | + | (11)(a) Notwithstanding any landlord and tenant rights and 154 |
|---|
| 240 | + | obligations under chapter 83, a recovery residence that is 155 |
|---|
| 241 | + | certified under this section and has a discharge policy approved 156 |
|---|
| 242 | + | by a department-recognized credentialing entity may immediately 157 |
|---|
| 243 | + | discharge or transfer a resident in accordance with that policy 158 |
|---|
| 244 | + | under any of the following circumstances: 159 |
|---|
| 245 | + | 1.(a) The discharge or transfer is nec essary for the 160 |
|---|
| 246 | + | resident's welfare. 161 |
|---|
| 247 | + | 2.(b) The resident's needs cannot be met at the recovery 162 |
|---|
| 248 | + | residence. 163 |
|---|
| 249 | + | 3.(c) The health and safety of other residents or recovery 164 |
|---|
| 250 | + | residence employees is at risk or would be at risk if the 165 |
|---|
| 251 | + | resident continues to live at th e recovery residence. 166 |
|---|
| 252 | + | (b) Any person who is discharged from a recovery residence 167 |
|---|
| 253 | + | under this subsection, and who willfully refuses to depart after 168 |
|---|
| 254 | + | having been warned to do so by the owner or employee of the 169 |
|---|
| 255 | + | recovery residence, commits the offense of tresp ass in a 170 |
|---|
| 256 | + | recovery residence, a misdemeanor of the second degree, 171 |
|---|
| 257 | + | punishable as provided in s. 775.082 or s. 775.083. 172 |
|---|
| 258 | + | Section 5. Subsections (3) through (7) of section 173 |
|---|
| 259 | + | 397.4873, Florida Statutes, are renumbered as subsections (4) 174 |
|---|
| 260 | + | through (8), respective ly, present subsections (3) and (6) are 175 |
|---|
| 261 | + | |
|---|
| 262 | + | HB 295 2023 |
|---|
| 263 | + | |
|---|
| 264 | + | |
|---|
| 265 | + | |
|---|
| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | + | hb0295-00 |
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| 268 | + | Page 8 of 9 |
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| 269 | + | 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 |
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| 270 | + | |
|---|
| 271 | + | |
|---|
| 272 | + | |
|---|
| 273 | + | amended, and a new subsection (3) is added to that section, to 176 |
|---|
| 274 | + | read: 177 |
|---|
| 275 | + | 397.4873 Referrals to or from recovery residences; 178 |
|---|
| 276 | + | prohibitions; penalties. — 179 |
|---|
| 277 | + | (3) Notwithstanding subsection (2), a service provider 180 |
|---|
| 278 | + | licensed under this part may not make a referral of a 181 |
|---|
| 279 | + | prospective, current, or discharged patient to, or accept a 182 |
|---|
| 280 | + | referral of such patient from, a recovery residence that allows 183 |
|---|
| 281 | + | the use of alcohol, marijuana, illegal drugs, or the use of 184 |
|---|
| 282 | + | prescribed medications by an individual other than the 185 |
|---|
| 283 | + | individual for whom the medication is prescribed on the 186 |
|---|
| 284 | + | premises. 187 |
|---|
| 285 | + | (4)(3) For purposes of this section, a licensed service 188 |
|---|
| 286 | + | provider or recovery residence shall be considered to have made 189 |
|---|
| 287 | + | a referral if the provider or recovery residence has informed a 190 |
|---|
| 288 | + | patient by any means about the name, address, or other details 191 |
|---|
| 289 | + | of a recovery residence or licensed service provider, or 192 |
|---|
| 290 | + | informed a licensed service provider or a recovery residence of 193 |
|---|
| 291 | + | any identifying details about a patient. A referral must also 194 |
|---|
| 292 | + | include the placement of a patient by a licensed service 195 |
|---|
| 293 | + | provider into the community ho using component of the provider's 196 |
|---|
| 294 | + | day or night treatment with community housing regardless of 197 |
|---|
| 295 | + | whether the community housing component is affiliated with the 198 |
|---|
| 296 | + | licensed service provider. 199 |
|---|
| 297 | + | (7)(6) A licensed service provider that violates this 200 |
|---|
| 298 | + | |
|---|
| 299 | + | HB 295 2023 |
|---|
| 300 | + | |
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| 301 | + | |
|---|
| 302 | + | |
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| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | + | hb0295-00 |
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| 305 | + | Page 9 of 9 |
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| 306 | + | 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 |
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| 307 | + | |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | section is subject to an administrative fine of $1,000 per 201 |
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| 311 | + | occurrence. If such fine is imposed by final order of the 202 |
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| 312 | + | department and is not subject to further appeal, the service 203 |
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| 313 | + | provider shall pay the fine plus interest at the rate specified 204 |
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| 314 | + | in s. 55.03 for each day beyon d the date set by the department 205 |
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| 315 | + | for payment of the fine. If the service provider does not pay 206 |
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| 316 | + | the fine plus any applicable interest within 60 days after the 207 |
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| 317 | + | date set by the department, the department shall immediately 208 |
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| 318 | + | suspend the service provider's licens e. Repeat violations of 209 |
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| 319 | + | this section may subject a provider to license suspension or 210 |
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| 320 | + | revocation pursuant to s. 397.415. The department shall 211 |
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| 321 | + | establish a mechanism for the imposition and collection of fines 212 |
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| 322 | + | for violations of this subsection no later than Ja nuary 1, 2024. 213 |
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| 323 | + | Section 6. This act shall take effect July 1, 2023. 214 |
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