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A bill to be entitled 1
An act relating to substance abuse treatment; amending 2
s. 212.02, F.S.; eliminating certain tax liabilities 3
imposed on certified recovery residences; amending s. 4
397.311, F.S.; providing the levels of care at 5
certified recovery residences and their respective 6
levels of care for residents; defining the term 7
"community housing"; amending s. 397.335, F.S.; 8
revising the membership of the Statewide Council on 9
Opioid Abatement to include additional members; 10
amending ss. 119.071, 381.0038, 394.4573, 394.9085, 11
397.4012, 397.407, 397.410, 397.416, and 893.13, F.S.; 12
conforming provisions to changes made by the act; 13
providing an effective date. 14
15
Be It Enacted by the Legis lature of the State of Florida: 16
17
Section 1. Paragraph (k) is added to subsection (10) of 18
section 212.02, Florida Statutes, to read: 19
212.02 Definitions. —The following terms and phrases when 20
used in this chapter have the meanings ascribed to them in th is 21
section, except where the context clearly indicates a different 22
meaning: 23
(10) "Lease," "let," or "rental" means leasing or renting 24
of living quarters or sleeping or housekeeping accommodations in 25
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hotels, apartment houses, roominghouses, tourist or tra iler 26
camps and real property, the same being defined as follows: 27
(k) For purposes of this chapter, recovery residences 28
certified pursuant to s. 397.487 which rent properties are not 29
subject to any taxes imposed on transient accommodations, 30
including taxes imposed under s. 212.03; any locally imposed 31
discretionary sales surtax or any convention development tax 32
imposed under s. 212.0305; any tourist development tax imposed 33
under s. 125.0104; or any tourist impact tax imposed under s. 34
125.0108. 35
Section 2. Subsections (9) through (50) of section 36
397.311, Florida Statutes, are renumbered as subsections (10) 37
through (51), respectively, subsection (5) and present 38
subsection (43) are amended, and a new subsection (9) is added 39
to that section, to read: 40
397.311 Definitions.—As used in this chapter, except part 41
VIII, the term: 42
(5) "Certified recovery residence" means a recovery 43
residence that holds a valid certificate of compliance and is 44
actively managed by a certified recovery residence 45
administrator. 46
(a) Level I certified recovery residences that house 47
individuals in recovery who are post -treatment, with a minimum 48
of 9 months of sobriety. Level I certified homes are 49
democratically run by the members who reside in the home. 50
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(b) Level II certified recovery residences encompass the 51
traditional perspectives of sober living homes. There is 52
oversight from a house manager with lived experience, typically 53
a senior resident. Residents are expected to follow rules 54
outlined in a resident handbook, pay dues, if appli cable, and 55
work toward achieving milestones within a chosen recovery path. 56
(c) Level III certified recovery residences offer higher 57
supervision by staff with formal training to ensure resident 58
accountability. These homes offer peer -support services and a re 59
staffed 24 hours a day. Clinical services are not performed at 60
the residence. The services offered may include, but are not 61
limited to, life skill mentoring, recovery planning, and meal 62
preparation. This support structure is most appropriate for 63
residents who require a more structured environment during early 64
recovery from addiction. 65
(d) A Level IV certified recovery residence are dwellings 66
offered, referred to, or provided by, a licensed service 67
provider to its patients who are required to reside at t he 68
residence while receiving intensive outpatient and higher levels 69
of outpatient care. Level IV recovery residences are staffed 24 70
hours a day and combine outpatient licensable services with 71
recovery residential living. Residents are required to follow a 72
treatment plan, attend group and individual sessions, in 73
addition to developing a recovery plan within the social model 74
of recovery spectrum. No clinical services are provided at the 75
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residence and all licensable services are provided off -site. 76
(9) "Community housing" means a certified recovery 77
residence offered, referred to, or provided by a licensed 78
service provider that provides housing to its patients who are 79
required to reside at the residence while receiving intensive 80
outpatient and higher levels of outpatient care. A certified 81
recovery residence used by a licensed service provider that 82
meets the definition of community housing shall be classified as 83
a Level IV level of support, as described in subsection (5). 84
(44)(43) "Service component" or "compon ent" means a 85
discrete operational entity within a service provider which is 86
subject to licensing as defined by rule. Service components 87
include prevention, intervention, and clinical treatment 88
described in subsection (27) (26). 89
Section 3. Paragraph (a) of subsection (2) of section 90
397.335, Florida Statutes, is amended to read: 91
397.335 Statewide Council on Opioid Abatement. — 92
(2) MEMBERSHIP.— 93
(a) Notwithstanding s. 20.052, the council shall be 94
composed of the following members: 95
1. The Attorney Gen eral, or his or her designee, who shall 96
serve as chair. 97
2. The secretary of the department, or his or her 98
designee, who shall serve as vice chair. 99
3. One member appointed by the Governor. 100
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4. One member appointed by the President of the Senate. 101
5. One member appointed by the Speaker of the House of 102
Representatives. 103
6. Two members appointed by the Florida League of Cities 104
who are commissioners or mayors of municipalities. One member 105
shall be from a municipality with a population of fewer than 106
50,000 people. 107
7. Two members appointed by or through the Florida 108
Association of Counties who are county commissioners or mayors. 109
One member shall be appointed from a county with a population of 110
fewer than 200,000, and one member shall be appointed from a 111
county with a population of more than 200,000. 112
8. One member who is either a county commissioner or 113
county mayor appointed by the Florida Association of Counties or 114
who is a commissioner or mayor of a municipality appointed by 115
the Florida League of Cities. T he Florida Association of 116
Counties shall appoint such member for the initial term, and 117
future appointments must alternate between a member appointed by 118
the Florida League of Cities and a member appointed by the 119
Florida Association of Counties. 120
9. Two members appointed by or through the State Surgeon 121
General. One shall be a staff member from the department who has 122
experience coordinating state and local efforts to abate the 123
opioid epidemic, and one shall be a licensed physician who is 124
board certified in bo th addiction medicine and psychiatry. 125
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10. One member appointed by the Florida Association of 126
Recovery Residences. 127
11. One member appointed by the Florida Association of EMS 128
Medical Directors. 129
12. One member appointed by the Florida Society of 130
Addiction Medicine who is a medical doctor board certified in 131
addiction medicine. 132
13. One member appointed by the Florida Behavioral Health 133
Association. 134
14. One member appointed by Floridians for Recovery. 135
15. One member appointed by the Florida Certificati on 136
Board. 137
16. One member appointed by the Florida Association of 138
Managing Entities. 139
Section 4. Paragraph (d) of subsection (4) of section 140
119.071, Florida Statutes, is amended to read: 141
119.071 General exemptions from inspection or copying of 142
public records.— 143
(4) AGENCY PERSONNEL INFORMATION. — 144
(d)1. For purposes of this paragraph, the term: 145
a. "Home addresses" means the dwelling location at which 146
an individual resides and includes the physical address, mailing 147
address, street address, parcel id entification number, plot 148
identification number, legal property description, neighborhood 149
name and lot number, GPS coordinates, and any other descriptive 150
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property information that may reveal the home address. 151
b. "Judicial assistant" means a court employe e assigned to 152
the following class codes: 8140, 8150, 8310, and 8320. 153
c. "Telephone numbers" includes home telephone numbers, 154
personal cellular telephone numbers, personal pager telephone 155
numbers, and telephone numbers associated with personal 156
communications devices. 157
2.a. The home addresses, telephone numbers, dates of 158
birth, and photographs of active or former sworn law enforcement 159
personnel or of active or former civilian personnel employed by 160
a law enforcement agency, including correctional and 161
correctional probation officers, personnel of the Department of 162
Children and Families whose duties include the investigation of 163
abuse, neglect, exploitation, fraud, theft, or other criminal 164
activities, personnel of the Department of Health whose duties 165
are to support the investigation of child abuse or neglect, and 166
personnel of the Department of Revenue or local governments 167
whose responsibilities include revenue collection and 168
enforcement or child support enforcement; the names, home 169
addresses, telephone numbers, photographs, dates of birth, and 170
places of employment of the spouses and children of such 171
personnel; and the names and locations of schools and day care 172
facilities attended by the children of such personnel are exempt 173
from s. 119.07(1) and s. 24(a), Art. I of the State 174
Constitution. 175
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b. The home addresses, telephone numbers, dates of birth, 176
and photographs of current or former nonsworn investigative 177
personnel of the Department of Financial Services whose duties 178
include the investigation of fraud, theft, w orkers' compensation 179
coverage requirements and compliance, other related criminal 180
activities, or state regulatory requirement violations; the 181
names, home addresses, telephone numbers, dates of birth, and 182
places of employment of the spouses and children of such 183
personnel; and the names and locations of schools and day care 184
facilities attended by the children of such personnel are exempt 185
from s. 119.07(1) and s. 24(a), Art. I of the State 186
Constitution. 187
c. The home addresses, telephone numbers, dates of birth, 188
and photographs of current or former nonsworn investigative 189
personnel of the Office of Financial Regulation's Bureau of 190
Financial Investigations whose duties include the investigation 191
of fraud, theft, other related criminal activities, or state 192
regulatory requirement violations; the names, home addresses, 193
telephone numbers, dates of birth, and places of employment of 194
the spouses and children of such personnel; and the names and 195
locations of schools and day care facilities attended by the 196
children of such personnel are exempt from s. 119.07(1) and s. 197
24(a), Art. I of the State Constitution. 198
d. The home addresses, telephone numbers, dates of birth, 199
and photographs of current or former firefighters certified in 200
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compliance with s. 633.408; the names, ho me addresses, telephone 201
numbers, photographs, dates of birth, and places of employment 202
of the spouses and children of such firefighters; and the names 203
and locations of schools and day care facilities attended by the 204
children of such firefighters are exempt from s. 119.07(1) and 205
s. 24(a), Art. I of the State Constitution. 206
e. The home addresses, dates of birth, and telephone 207
numbers of current or former justices of the Supreme Court, 208
district court of appeal judges, circuit court judges, and 209
county court judges, and of current judicial assistants; the 210
names, home addresses, telephone numbers, dates of birth, and 211
places of employment of the spouses and children of current or 212
former justices and judges and of current judicial assistants; 213
and the names and loca tions of schools and day care facilities 214
attended by the children of current or former justices and 215
judges and of current judicial assistants are exempt from s. 216
119.07(1) and s. 24(a), Art. I of the State Constitution. This 217
sub-subparagraph is subject to t he Open Government Sunset Review 218
Act in accordance with s. 119.15 and shall stand repealed on 219
October 2, 2028, unless reviewed and saved from repeal through 220
reenactment by the Legislature. 221
f. The home addresses, telephone numbers, dates of birth, 222
and photographs of current or former state attorneys, assistant 223
state attorneys, statewide prosecutors, or assistant statewide 224
prosecutors; the names, home addresses, telephone numbers, 225
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photographs, dates of birth, and places of employment of the 226
spouses and children of current or former state attorneys, 227
assistant state attorneys, statewide prosecutors, or assistant 228
statewide prosecutors; and the names and locations of schools 229
and day care facilities attended by the children of current or 230
former state attorneys, a ssistant state attorneys, statewide 231
prosecutors, or assistant statewide prosecutors are exempt from 232
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 233
g. The home addresses, dates of birth, and telephone 234
numbers of general magistrates, special magistrates, judges of 235
compensation claims, administrative law judges of the Division 236
of Administrative Hearings, and child support enforcement 237
hearing officers; the names, home addresses, telephone numbers, 238
dates of birth, and places of employment of the spouses and 239
children of general magistrates, special magistrates, judges of 240
compensation claims, administrative law judges of the Division 241
of Administrative Hearings, and child support enforcement 242
hearing officers; and the names and locations of schools an d day 243
care facilities attended by the children of general magistrates, 244
special magistrates, judges of compensation claims, 245
administrative law judges of the Division of Administrative 246
Hearings, and child support enforcement hearing officers are 247
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 248
Constitution. 249
h. The home addresses, telephone numbers, dates of birth, 250
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and photographs of current or former human resource, labor 251
relations, or employee relations directors, assistant directors, 252
managers, or assistant managers of any local government agency 253
or water management district whose duties include hiring and 254
firing employees, labor contract negotiation, administration, or 255
other personnel-related duties; the names, home addresses, 256
telephone numbers, dates of birth, and places of employment of 257
the spouses and children of such personnel; and the names and 258
locations of schools and day care facilities attended by the 259
children of such personnel are exempt from s. 119.07(1) and s. 260
24(a), Art. I of the State Constitution. 261
i. The home addresses, telephone numbers, dates of birth, 262
and photographs of current or former code enforcement officers; 263
the names, home addresses, telephone numbers, dates of birth, 264
and places of employment of the spouses and children of such 265
personnel; and the names and locations of schools and day care 266
facilities attended by the children of such personnel are exempt 267
from s. 119.07(1) and s. 24(a), Art. I of the State 268
Constitution. 269
j. The home addresses, telephone numbers, places of 270
employment, dates of birth, and photographs of current or former 271
guardians ad litem, as defined in s. 39.820; the names, home 272
addresses, telephone numbers, dates of birth, and places of 273
employment of the spouses and children of such persons; and the 274
names and locations of schools and day care facilities attended 275
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by the children of such persons are exempt from s. 119.07(1) and 276
s. 24(a), Art. I of the State Constitution. 277
k. The home addresses, telephone numbers, dates of birth, 278
and photographs of current or f ormer juvenile probation 279
officers, juvenile probation supervisors, detention 280
superintendents, assistant detention superintendents, juvenile 281
justice detention officers I and II, juvenile justice detention 282
officer supervisors, juvenile justice residential of ficers, 283
juvenile justice residential officer supervisors I and II, 284
juvenile justice counselors, juvenile justice counselor 285
supervisors, human services counselor administrators, senior 286
human services counselor administrators, rehabilitation 287
therapists, and social services counselors of the Department of 288
Juvenile Justice; the names, home addresses, telephone numbers, 289
dates of birth, and places of employment of spouses and children 290
of such personnel; and the names and locations of schools and 291
day care facilities attended by the children of such personnel 292
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 293
Constitution. 294
l. The home addresses, telephone numbers, dates of birth, 295
and photographs of current or former public defenders, assistant 296
public defenders, criminal conflict and civil regional counsel, 297
and assistant criminal conflict and civil regional counsel; the 298
names, home addresses, telephone numbers, dates of birth, and 299
places of employment of the spouses and children of current or 300
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former public defenders, assistant public defenders, criminal 301
conflict and civil regional counsel, and assistant criminal 302
conflict and civil regional counsel; and the names and locations 303
of schools and day care facilities attended by the children of 304
current or former public defenders, assistant public defenders, 305
criminal conflict and civil regional counsel, and assistant 306
criminal conflict and civil regional counsel are exempt from s. 307
119.07(1) and s. 24(a), Art. I of the State Constitution. 308
m. The home addresses, te lephone numbers, dates of birth, 309
and photographs of current or former investigators or inspectors 310
of the Department of Business and Professional Regulation; the 311
names, home addresses, telephone numbers, dates of birth, and 312
places of employment of the spous es and children of such current 313
or former investigators and inspectors; and the names and 314
locations of schools and day care facilities attended by the 315
children of such current or former investigators and inspectors 316
are exempt from s. 119.07(1) and s. 24(a) , Art. I of the State 317
Constitution. 318
n. The home addresses, telephone numbers, and dates of 319
birth of county tax collectors; the names, home addresses, 320
telephone numbers, dates of birth, and places of employment of 321
the spouses and children of such tax coll ectors; and the names 322
and locations of schools and day care facilities attended by the 323
children of such tax collectors are exempt from s. 119.07(1) and 324
s. 24(a), Art. I of the State Constitution. 325
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o. The home addresses, telephone numbers, dates of birth, 326
and photographs of current or former personnel of the Department 327
of Health whose duties include, or result in, the determination 328
or adjudication of eligibility for social security disability 329
benefits, the investigation or prosecution of complaints filed 330
against health care practitioners, or the inspection of health 331
care practitioners or health care facilities licensed by the 332
Department of Health; the names, home addresses, telephone 333
numbers, dates of birth, and places of employment of the spouses 334
and children of such personnel; and the names and locations of 335
schools and day care facilities attended by the children of such 336
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 337
the State Constitution. 338
p. The home addresses, telephone numbers, dates o f birth, 339
and photographs of current or former impaired practitioner 340
consultants who are retained by an agency or current or former 341
employees of an impaired practitioner consultant whose duties 342
result in a determination of a person's skill and safety to 343
practice a licensed profession; the names, home addresses, 344
telephone numbers, dates of birth, and places of employment of 345
the spouses and children of such consultants or their employees; 346
and the names and locations of schools and day care facilities 347
attended by the children of such consultants or employees are 348
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 349
Constitution. 350
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q. The home addresses, telephone numbers, dates of birth, 351
and photographs of current or former emergency medical 352
technicians or paramedics certified under chapter 401; the 353
names, home addresses, telephone numbers, dates of birth, and 354
places of employment of the spouses and children of such 355
emergency medical technicians or paramedics; and the names and 356
locations of schools and day c are facilities attended by the 357
children of such emergency medical technicians or paramedics are 358
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 359
Constitution. 360
r. The home addresses, telephone numbers, dates of birth, 361
and photographs of current or former personnel employed in an 362
agency's office of inspector general or internal audit 363
department whose duties include auditing or investigating waste, 364
fraud, abuse, theft, exploitation, or other activities that 365
could lead to criminal prosecution or adm inistrative discipline; 366
the names, home addresses, telephone numbers, dates of birth, 367
and places of employment of spouses and children of such 368
personnel; and the names and locations of schools and day care 369
facilities attended by the children of such person nel are exempt 370
from s. 119.07(1) and s. 24(a), Art. I of the State 371
Constitution. 372
s. The home addresses, telephone numbers, dates of birth, 373
and photographs of current or former directors, managers, 374
supervisors, nurses, and clinical employees of an addicti on 375
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treatment facility; the home addresses, telephone numbers, 376
photographs, dates of birth, and places of employment of the 377
spouses and children of such personnel; and the names and 378
locations of schools and day care facilities attended by the 379
children of such personnel are exempt from s. 119.07(1) and s. 380
24(a), Art. I of the State Constitution. For purposes of this 381
sub-subparagraph, the term "addiction treatment facility" means 382
a county government, or agency thereof, that is licensed 383
pursuant to s. 397.401 a nd provides substance abuse prevention, 384
intervention, or clinical treatment, including any licensed 385
service component described in s. 397.311(27) s. 397.311(26). 386
t. The home addresses, telephone numbers, dates of birth, 387
and photographs of current or form er directors, managers, 388
supervisors, and clinical employees of a child advocacy center 389
that meets the standards of s. 39.3035(2) and fulfills the 390
screening requirement of s. 39.3035(3), and the members of a 391
Child Protection Team as described in s. 39.303 w hose duties 392
include supporting the investigation of child abuse or sexual 393
abuse, child abandonment, child neglect, and child exploitation 394
or to provide services as part of a multidisciplinary case 395
review team; the names, home addresses, telephone numbers, 396
photographs, dates of birth, and places of employment of the 397
spouses and children of such personnel and members; and the 398
names and locations of schools and day care facilities attended 399
by the children of such personnel and members are exempt from s. 400
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119.07(1) and s. 24(a), Art. I of the State Constitution. 401
u. The home addresses, telephone numbers, places of 402
employment, dates of birth, and photographs of current or former 403
staff and domestic violence advocates, as defined in s. 404
90.5036(1)(b), of domestic vi olence centers certified by the 405
Department of Children and Families under chapter 39; the names, 406
home addresses, telephone numbers, places of employment, dates 407
of birth, and photographs of the spouses and children of such 408
personnel; and the names and locat ions of schools and day care 409
facilities attended by the children of such personnel are exempt 410
from s. 119.07(1) and s. 24(a), Art. I of the State 411
Constitution. 412
v. The home addresses, telephone numbers, dates of birth, 413
and photographs of current or former inspectors or investigators 414
of the Department of Agriculture and Consumer Services; the 415
names, home addresses, telephone numbers, dates of birth, and 416
places of employment of the spouses and children of current or 417
former inspectors or investigators; and th e names and locations 418
of schools and day care facilities attended by the children of 419
current or former inspectors or investigators are exempt from s. 420
119.07(1) and s. 24(a), Art. I of the State Constitution. This 421
sub-subparagraph is subject to the Open Gov ernment Sunset Review 422
Act in accordance with s. 119.15 and shall stand repealed on 423
October 2, 2028, unless reviewed and saved from repeal through 424
reenactment by the Legislature. 425
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3. An agency that is the custodian of the information 426
specified in subparagr aph 2. and that is not the employer of the 427
officer, employee, justice, judge, or other person specified in 428
subparagraph 2. must maintain the exempt status of that 429
information only if the officer, employee, justice, judge, other 430
person, or employing agency of the designated employee submits a 431
written and notarized request for maintenance of the exemption 432
to the custodial agency. The request must state under oath the 433
statutory basis for the individual's exemption request and 434
confirm the individual's status as a party eligible for exempt 435
status. 436
4.a. A county property appraiser, as defined in s. 437
192.001(3), or a county tax collector, as defined in s. 438
192.001(4), who receives a written and notarized request for 439
maintenance of the exemption pursuant to subparag raph 3. must 440
comply by removing the name of the individual with exempt status 441
and the instrument number or Official Records book and page 442
number identifying the property with the exempt status from all 443
publicly available records maintained by the property appraiser 444
or tax collector. For written requests received on or before 445
July 1, 2021, a county property appraiser or county tax 446
collector must comply with this sub -subparagraph by October 1, 447
2021. A county property appraiser or county tax collector may 448
not remove the street address, legal description, or other 449
information identifying real property within the agency's 450
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records so long as a name or personal information otherwise 451
exempt from inspection and copying pursuant to this section is 452
not associated with the property or otherwise displayed in the 453
public records of the agency. 454
b. Any information restricted from public display, 455
inspection, or copying under sub -subparagraph a. must be 456
provided to the individual whose information was removed. 457
5. An officer, an employee, a justice, a judge, or other 458
person specified in subparagraph 2. may submit a written request 459
for the release of his or her exempt information to the 460
custodial agency. The written request must be notarized and must 461
specify the information to be released and the party authorized 462
to receive the information. Upon receipt of the written request, 463
the custodial agency must release the specified information to 464
the party authorized to receive such information. 465
6. The exemptions in this paragraph ap ply to information 466
held by an agency before, on, or after the effective date of the 467
exemption. 468
7. Information made exempt under this paragraph may be 469
disclosed pursuant to s. 28.2221 to a title insurer authorized 470
pursuant to s. 624.401 and its affiliates as defined in s. 471
624.10; a title insurance agent or title insurance agency as 472
defined in s. 626.841(1) or (2), respectively; or an attorney 473
duly admitted to practice law in this state and in good standing 474
with The Florida Bar. 475
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8. The exempt status of a home address contained in the 476
Official Records is maintained only during the period when a 477
protected party resides at the dwelling location. Upon 478
conveyance of real property after October 1, 2021, and when such 479
real property no longer constitutes a protect ed party's home 480
address as defined in sub -subparagraph 1.a., the protected party 481
must submit a written request to release the removed information 482
to the county recorder. The written request to release the 483
removed information must be notarized, must confirm that a 484
protected party's request for release is pursuant to a 485
conveyance of his or her dwelling location, and must specify the 486
Official Records book and page, instrument number, or clerk's 487
file number for each document containing the information to be 488
released. 489
9. Upon the death of a protected party as verified by a 490
certified copy of a death certificate or court order, any party 491
can request the county recorder to release a protected 492
decedent's removed information unless there is a related request 493
on file with the county recorder for continued removal of the 494
decedent's information or unless such removal is otherwise 495
prohibited by statute or by court order. The written request to 496
release the removed information upon the death of a protected 497
party must attach the certified copy of a death certificate or 498
court order and must be notarized, must confirm the request for 499
release is due to the death of a protected party, and must 500
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specify the Official Records book and page number, instrument 501
number, or clerk's file number for each document containing the 502
information to be released. A fee may not be charged for the 503
release of any document pursuant to such request. 504
10. Except as otherwise expressly provided in this 505
paragraph, this paragraph is subject to the Open Gov ernment 506
Sunset Review Act in accordance with s. 119.15 and shall stand 507
repealed on October 2, 2024, unless reviewed and saved from 508
repeal through reenactment by the Legislature. 509
Section 5. Paragraph (a) of subsection (4) of section 510
381.0038, Florida Statutes, is amended to read: 511
381.0038 Education; sterile needle and syringe exchange 512
programs.—The Department of Health shall establish a program to 513
educate the public about the threat of acquired immune 514
deficiency syndrome. 515
(4) A county commission ma y authorize a sterile needle and 516
syringe exchange program to operate within its county 517
boundaries. The program may operate at one or more fixed 518
locations or through mobile health units. The program shall 519
offer the free exchange of clean, unused needles and hypodermic 520
syringes for used needles and hypodermic syringes as a means to 521
prevent the transmission of HIV, AIDS, viral hepatitis, or other 522
blood-borne diseases among intravenous drug users and their 523
sexual partners and offspring. Prevention of disease 524
transmission must be the goal of the program. For the purposes 525
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of this subsection, the term "exchange program" means a sterile 526
needle and syringe exchange program established by a county 527
commission under this subsection. A sterile needle and syringe 528
exchange program may not operate unless it is authorized and 529
approved by a county commission in accordance with this 530
subsection. 531
(a) Before an exchange program may be established, a 532
county commission must: 533
1. Authorize the program under the provisions of a cou nty 534
ordinance; 535
2. Enter into a letter of agreement with the department in 536
which the county commission agrees that any exchange program 537
authorized by the county commission will operate in accordance 538
with this subsection; 539
3. Enlist the local county healt h department to provide 540
ongoing advice, consultation, and recommendations for the 541
operation of the program; 542
4. Contract with one of the following entities to operate 543
the program: 544
a. A hospital licensed under chapter 395. 545
b. A health care clinic licen sed under part X of chapter 546
400. 547
c. A medical school in this state accredited by the 548
Liaison Committee on Medical Education or the Commission on 549
Osteopathic College Accreditation. 550
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d. A licensed addictions receiving facility as defined in 551
s. 397.311(27)(a)1. s. 397.311(26)(a)1. 552
e. A s. 501(c)(3) HIV/AIDS service organization. 553
Section 6. Paragraph (e) of subsection (2) of section 554
394.4573, Florida Statutes, is amended to read: 555
394.4573 Coordinated system of care; annual assessment; 556
essential elements; measures of performance; system improvement 557
grants; reports.—On or before December 1 of each year, the 558
department shall submit to the Governor, the President of the 559
Senate, and the Speaker of the House of Representatives an 560
assessment of the behaviora l health services in this state. The 561
assessment shall consider, at a minimum, the extent to which 562
designated receiving systems function as no -wrong-door models, 563
the availability of treatment and recovery services that use 564
recovery-oriented and peer-involved approaches, the availability 565
of less-restrictive services, and the use of evidence -informed 566
practices. The assessment shall also consider the availability 567
of and access to coordinated specialty care programs and 568
identify any gaps in the availability of a nd access to such 569
programs in the state. The department's assessment shall 570
consider, at a minimum, the needs assessments conducted by the 571
managing entities pursuant to s. 394.9082(5). The department 572
shall compile and include in the report all plans submitt ed by 573
managing entities pursuant to s. 394.9082(8) and the 574
department's evaluation of each plan. 575
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(2) The essential elements of a coordinated system of care 576
include: 577
(e) Case management. Each case manager or person directly 578
supervising a case manager wh o provides Medicaid-funded targeted 579
case management services shall hold a valid certification from a 580
department-approved credentialing entity as defined in s. 581
397.311(11) s. 397.311(10) by July 1, 2017, and, thereafter, 582
within 6 months after hire. 583
Section 7. Subsection (6) of section 394.9085, Florida 584
Statutes, is amended to read: 585
394.9085 Behavioral provider liability. — 586
(6) For purposes of this section, the terms 587
"detoxification services," "addictions receiving facility," and 588
"receiving facility" h ave the same meanings as those provided in 589
ss. 397.311(27)(a)4., 397.311(27)(a)1. ss. 397.311(26)(a)3., 590
397.311(26)(a)1., and 394.455(40), respectively. 591
Section 8. Subsection (8) of section 397.4012, Florida 592
Statutes, is amended to read: 593
397.4012 Exemptions from licensure. —The following are 594
exempt from the licensing provisions of this chapter: 595
(8) A legally cognizable church or nonprofit religious 596
organization or denomination providing substance abuse services, 597
including prevention services, which a re solely religious, 598
spiritual, or ecclesiastical in nature. A church or nonprofit 599
religious organization or denomination providing any of the 600
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licensed service components itemized under s. 397.311(27) s. 601
397.311(26) is not exempt from substance abuse licen sure but 602
retains its exemption with respect to all services which are 603
solely religious, spiritual, or ecclesiastical in nature. 604
605
The exemptions from licensure in subsections (3), (4), (8), (9), 606
and (10) do not apply to any service provider that receives an 607
appropriation, grant, or contract from the state to operate as a 608
service provider as defined in this chapter or to any substance 609
abuse program regulated under s. 397.4014. Furthermore, this 610
chapter may not be construed to limit the practice of a 611
physician or physician assistant licensed under chapter 458 or 612
chapter 459, a psychologist licensed under chapter 490, a 613
psychotherapist licensed under chapter 491, or an advanced 614
practice registered nurse licensed under part I of chapter 464, 615
who provides substanc e abuse treatment, so long as the 616
physician, physician assistant, psychologist, psychotherapist, 617
or advanced practice registered nurse does not represent to the 618
public that he or she is a licensed service provider and does 619
not provide services to individua ls under part V of this 620
chapter. Failure to comply with any requirement necessary to 621
maintain an exempt status under this section is a misdemeanor of 622
the first degree, punishable as provided in s. 775.082 or s. 623
775.083. 624
Section 9. Subsections (1) and ( 6) of section 397.407, 625
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Florida Statutes, are amended to read: 626
397.407 Licensure process; fees. — 627
(1) The department shall establish the licensure process 628
to include fees and categories of licenses and must prescribe a 629
fee range that is based, at least i n part, on the number and 630
complexity of programs listed in s. 397.311(27) s. 397.311(26) 631
which are operated by a licensee. The fees from the licensure of 632
service components are sufficient to cover the costs of 633
regulating the service components. The departm ent shall specify 634
a fee range for public and privately funded licensed service 635
providers. Fees for privately funded licensed service providers 636
must exceed the fees for publicly funded licensed service 637
providers. 638
(6) The department may issue probationary, regular, and 639
interim licenses. The department shall issue one license for 640
each service component that is operated by a service provider 641
and defined pursuant to s. 397.311(27) s. 397.311(26). The 642
license is valid only for the specific service components listed 643
for each specific location identified on the license. The 644
licensed service provider shall apply for a new license at least 645
60 days before the addition of any service components or 30 da ys 646
before the relocation of any of its service sites. Provision of 647
service components or delivery of services at a location not 648
identified on the license may be considered an unlicensed 649
operation that authorizes the department to seek an injunction 650
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against operation as provided in s. 397.401, in addition to 651
other sanctions authorized by s. 397.415. Probationary and 652
regular licenses may be issued only after all required 653
information has been submitted. A license may not be 654
transferred. As used in this subsect ion, the term "transfer" 655
includes, but is not limited to, the transfer of a majority of 656
the ownership interest in the licensed entity or transfer of 657
responsibilities under the license to another entity by 658
contractual arrangement. 659
Section 10. Subsection (1) of section 397.410, Florida 660
Statutes, is amended to read: 661
397.410 Licensure requirements; minimum standards; rules. — 662
(1) The department shall establish minimum requirements 663
for licensure of each service component, as defined in s. 664
397.311(27) s. 397.311(26), including, but not limited to: 665
(a) Standards and procedures for the administrative 666
management of the licensed service component, including 667
procedures for recordkeeping, referrals, and financial 668
management. 669
(b) Standards consistent with clin ical and treatment best 670
practices that ensure the provision of quality treatment for 671
individuals receiving substance abuse treatment services. 672
(c) The number and qualifications of all personnel, 673
including, but not limited to, management, nursing, and 674
qualified professionals, having responsibility for any part of 675
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an individual's clinical treatment. These requirements must 676
include, but are not limited to: 677
1. Education; credentials, such as licensure or 678
certification, if appropriate; training; and supervis ion of 679
personnel providing direct clinical treatment. 680
2. Minimum staffing ratios to provide adequate safety, 681
care, and treatment. 682
3. Hours of staff coverage. 683
4. The maximum number of individuals who may receive 684
clinical services together in a group s etting. 685
5. The maximum number of licensed service providers for 686
which a physician may serve as medical director and the total 687
number of individuals he or she may treat in that capacity. 688
(d) Service provider facility standards, including, but 689
not limited to: 690
1. Safety and adequacy of the facility and grounds. 691
2. Space, furnishings, and equipment for each individual 692
served. 693
3. Infection control, housekeeping, sanitation, and 694
facility maintenance. 695
4. Meals and snacks. 696
(e) Disaster planning polici es and procedures. 697
(f) A prohibition on the premises against alcohol, 698
marijuana, illegal drugs, and the use of prescribed medications 699
by an individual other than the individual for whom the 700
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medication is prescribed. For the purposes of this paragraph, 701
"marijuana" includes marijuana that has been certified by a 702
qualified physician for medical use in accordance with s. 703
381.986. 704
Section 11. Section 397.416, Florida Statutes, is amended 705
to read: 706
397.416 Substance abuse treatment services; qualified 707
professional.—Notwithstanding any other provision of law, a 708
person who was certified through a certification process 709
recognized by the former Department of Health and Rehabilitative 710
Services before January 1, 1995, may perform the duties of a 711
qualified professional with respect to substance abuse treatment 712
services as defined in this chapter, and need not meet the 713
certification requirements contained in s. 397.311(36) s. 714
397.311(35). 715
Section 12. Paragraph (h) of subsection (1) of section 716
893.13, Florida Statutes, is amended to read: 717
893.13 Prohibited acts; penalties. — 718
(1) 719
(h) Except as authorized by this chapter, a person may not 720
sell, manufacture, or deliver, or possess with intent to sell, 721
manufacture, or deliver, a controlled substance in, on, or 722
within 1,000 feet of the real property comprising a mental 723
health facility, as that term is used in chapter 394; a health 724
care facility licensed under chapter 395 which provides 725
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substance abuse treatment; a licensed service provider as 726
defined in s. 397.311; a facility providing services that 727
include clinical treatment, intervention, or prevention as 728
described in s. 397.311(27) s. 397.311(26); a recovery residence 729
as defined in s. 397.311; an assisted living facility as defined 730
in chapter 429; or a pain manage ment clinic as defined in s. 731
458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who 732
violates this paragraph with respect to: 733
1. A controlled substance named or described in s. 734
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 735
commits a felony of the first degree, punishable as provided in 736
s. 775.082, s. 775.083, or s. 775.084. 737
2. A controlled substance named or described in s. 738
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 739
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a f elony of 740
the second degree, punishable as provided in s. 775.082, s. 741
775.083, or s. 775.084. 742
3. Any other controlled substance, except as lawfully 743
sold, manufactured, or delivered, must be sentenced to pay a 744
$500 fine and to serve 100 hours of public ser vice in addition 745
to any other penalty prescribed by law. 746
Section 13. This act shall take effect July 1, 2024. 747