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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 treatment; amending 2
s. 397.311, F.S.; providing the levels of care at 3
certified recovery residences and their respective 4
levels of care for residents; defining the term 5
"community housing"; amending s. 397.335, F.S.; 6
revising the membership of the Statewide Council on 7
Opioid Abatement to include additional members; 8
amending ss. 119.071, 381.0038, 394.4573, 394.9085, 9
397.4012, 397.407, 397.410, 397.416, and 893.13, F.S.; 10
conforming provisions to changes made by the act; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsections (9) through (50) of section 16
397.311, Florida Statutes, are renumbered as subsections (10) 17
through (51), respectively, subsection (5) and present 18
subsection (43) are amended, and a new subsection (9) is added 19
to that section, to read: 20
397.311 Definitions. —As used in this chapter, except part 21
VIII, the term: 22
(5) "Certified recovery residence" means a recovery 23
residence that holds a valid certificate of compliance and is 24
actively managed by a certified recovery residence 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
administrator. 26
(a) Level I certified recovery residences that house 27
individuals in recovery who are post -treatment, with a minimum 28
of 9 months of sobriety. Level I certified homes are 29
democratically run by the members who reside in the home. 30
(b) Level II certified recovery residences encompass the 31
traditional perspectives of sober living homes. There is 32
oversight from a house manager with lived experience, typically 33
a senior resident. Residents are expected to follow rules 34
outlined in a resident handbook, pay dues, if applicable, and 35
work toward achieving milestones within a chosen recovery path. 36
(c) Level III certified recovery residences offer higher 37
supervision by staff with formal training to ensure resident 38
accountability. These homes offer peer -support services and are 39
staffed 24 hours a day. Clinical services are not performed at 40
the residence. The services offered may include, but are not 41
limited to, life skill mentoring, recovery planning, and meal 42
preparation. This support structure is most appropriate for 43
residents who require a more structured environment during e arly 44
recovery from addiction. 45
(d) A Level IV certified recovery residence are dwellings 46
offered, referred to, or provided by, a licensed service 47
provider to its patients who are required to reside at the 48
residence while receiving intensive outpatient and higher levels 49
of outpatient care. Level IV recovery residences are staffed 24 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
hours a day and combine outpatient licensable services with 51
recovery residential living. Residents are required to follow a 52
treatment plan, attend group and individual sessions, in 53
addition to developing a recovery plan within the social model 54
of recovery spectrum. No clinical services are provided at the 55
residence and all licensable services are provided off -site. 56
(9) "Community housing" means a certified recovery 57
residence offered, referred to, or provided by a licensed 58
service provider that provides housing to its patients who are 59
required to reside at the residence while receiving intensive 60
outpatient and higher levels of outpatient care. A certified 61
recovery residence used by a licensed service provider that 62
meets the definition of community housing shall be classified as 63
a Level IV level of support, as described in subsection (5). 64
(44)(43) "Service component" or "component" means a 65
discrete operational entity within a ser vice provider which is 66
subject to licensing as defined by rule. Service components 67
include prevention, intervention, and clinical treatment 68
described in subsection (27) (26). 69
Section 2. Paragraph (a) of subsection (2) of section 70
397.335, Florida Statut es, is amended to read: 71
397.335 Statewide Council on Opioid Abatement. — 72
(2) MEMBERSHIP.— 73
(a) Notwithstanding s. 20.052, the council shall be 74
composed of the following members: 75
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1. The Attorney General, or his or her designee, who shall 76
serve as chair. 77
2. The secretary of the department, or his or her 78
designee, who shall serve as vice chair. 79
3. One member appointed by the Governor. 80
4. One member appointed by the President of the Senate. 81
5. One member appointed by the Speaker of the House o f 82
Representatives. 83
6. Two members appointed by the Florida League of Cities 84
who are commissioners or mayors of municipalities. One member 85
shall be from a municipality with a population of fewer than 86
50,000 people. 87
7. Two members appointed by or through the Florida 88
Association of Counties who are county commissioners or mayors. 89
One member shall be appointed from a county with a population of 90
fewer than 200,000, and one member shall be appointed from a 91
county with a population of more than 200,000. 92
8. One member who is either a county commissioner or 93
county mayor appointed by the Florida Association of Counties or 94
who is a commissioner or mayor of a municipality appointed by 95
the Florida League of Cities. The Florida Association of 96
Counties shall appoint such member for the initial term, and 97
future appointments must alternate between a member appointed by 98
the Florida League of Cities and a member appointed by the 99
Florida Association of Counties. 100
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9. Two members appointed by or through the State Surgeon 101
General. One shall be a staff member from the department who has 102
experience coordinating state and local efforts to abate the 103
opioid epidemic, and one shall be a licensed physician who is 104
board certified in both addiction medicine and psychiatry. 105
10. One member appointed by the Florida Association of 106
Recovery Residences. 107
11. One member appointed by the Florida Association of EMS 108
Medical Directors. 109
12. One member appointed by the Florida Society of 110
Addiction Medicine who is a medical doctor board certifi ed in 111
addiction medicine. 112
13. One member appointed by the Florida Behavioral Health 113
Association. 114
14. One member appointed by Floridians for Recovery. 115
15. One member appointed by the Florida Certification 116
Board. 117
16. One member appointed by the Flori da Association of 118
Managing Entities. 119
Section 3. Paragraph (d) of subsection (4) of section 120
119.071, Florida Statutes, is amended to read: 121
119.071 General exemptions from inspection or copying of 122
public records.— 123
(4) AGENCY PERSONNEL INFORMATION. — 124
(d)1. For purposes of this paragraph, the term: 125
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a. "Home addresses" means the dwelling location at which 126
an individual resides and includes the physical address, mailing 127
address, street address, parcel identification number, plot 128
identification number, legal property description, neighborhood 129
name and lot number, GPS coordinates, and any other descriptive 130
property information that may reveal the home address. 131
b. "Judicial assistant" means a court employee assigned to 132
the following class codes: 8140, 81 50, 8310, and 8320. 133
c. "Telephone numbers" includes home telephone numbers, 134
personal cellular telephone numbers, personal pager telephone 135
numbers, and telephone numbers associated with personal 136
communications devices. 137
2.a. The home addresses, telephone numbers, dates of 138
birth, and photographs of active or former sworn law enforcement 139
personnel or of active or former civilian personnel employed by 140
a law enforcement agency, including correctional and 141
correctional probation officers, personnel of the Depar tment of 142
Children and Families whose duties include the investigation of 143
abuse, neglect, exploitation, fraud, theft, or other criminal 144
activities, personnel of the Department of Health whose duties 145
are to support the investigation of child abuse or neglect , and 146
personnel of the Department of Revenue or local governments 147
whose responsibilities include revenue collection and 148
enforcement or child support enforcement; the names, home 149
addresses, telephone numbers, photographs, dates of birth, and 150
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places of employment of the spouses and children of such 151
personnel; and the names and locations of schools and day care 152
facilities attended by the children of such personnel are exempt 153
from s. 119.07(1) and s. 24(a), Art. I of the State 154
Constitution. 155
b. The home addresses, telephone numbers, dates of birth, 156
and photographs of current or former nonsworn investigative 157
personnel of the Department of Financial Services whose duties 158
include the investigation of fraud, theft, workers' compensation 159
coverage requirements and co mpliance, other related criminal 160
activities, or state regulatory requirement violations; the 161
names, home addresses, telephone numbers, dates of birth, and 162
places of employment of the spouses and children of such 163
personnel; and the names and locations of sc hools and day care 164
facilities attended by the children of such personnel are exempt 165
from s. 119.07(1) and s. 24(a), Art. I of the State 166
Constitution. 167
c. The home addresses, telephone numbers, dates of birth, 168
and photographs of current or former nonsworn investigative 169
personnel of the Office of Financial Regulation's Bureau of 170
Financial Investigations whose duties include the investigation 171
of fraud, theft, other related criminal activities, or state 172
regulatory requirement violations; the names, home addres ses, 173
telephone numbers, dates of birth, and places of employment of 174
the spouses and children of such personnel; and the names and 175
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locations of schools and day care facilities attended by the 176
children of such personnel are exempt from s. 119.07(1) and s. 177
24(a), Art. I of the State Constitution. 178
d. The home addresses, telephone numbers, dates of birth, 179
and photographs of current or former firefighters certified in 180
compliance with s. 633.408; the names, home addresses, telephone 181
numbers, photographs, dates o f birth, and places of employment 182
of the spouses and children of such firefighters; and the names 183
and locations of schools and day care facilities attended by the 184
children of such firefighters are exempt from s. 119.07(1) and 185
s. 24(a), Art. I of the State Constitution. 186
e. The home addresses, dates of birth, and telephone 187
numbers of current or former justices of the Supreme Court, 188
district court of appeal judges, circuit court judges, and 189
county court judges, and of current judicial assistants; the 190
names, home addresses, telephone numbers, dates of birth, and 191
places of employment of the spouses and children of current or 192
former justices and judges and of current judicial assistants; 193
and the names and locations of schools and day care facilities 194
attended by the children of current or former justices and 195
judges and of current judicial assistants are exempt from s. 196
119.07(1) and s. 24(a), Art. I of the State Constitution. This 197
sub-subparagraph is subject to the Open Government Sunset Review 198
Act in accordance wi th s. 119.15 and shall stand repealed on 199
October 2, 2028, unless reviewed and saved from repeal through 200
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reenactment by the Legislature. 201
f. The home addresses, telephone numbers, dates of birth, 202
and photographs of current or former state attorneys, assistant 203
state attorneys, statewide prosecutors, or assistant statewide 204
prosecutors; the names, home addresses, telephone numbers, 205
photographs, dates of birth, and places of employment of the 206
spouses and children of current or former state attorneys, 207
assistant state attorneys, statewide prosecutors, or assistant 208
statewide prosecutors; and the names and locations of schools 209
and day care facilities attended by the children of current or 210
former state attorneys, assistant state attorneys, statewide 211
prosecutors, or assistant statewide prosecutors are exempt from 212
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 213
g. The home addresses, dates of birth, and telephone 214
numbers of general magistrates, special magistrates, judges of 215
compensation claims, adm inistrative law judges of the Division 216
of Administrative Hearings, and child support enforcement 217
hearing officers; the names, home addresses, telephone numbers, 218
dates of birth, and places of employment of the spouses and 219
children of general magistrates, sp ecial magistrates, judges of 220
compensation claims, administrative law judges of the Division 221
of Administrative Hearings, and child support enforcement 222
hearing officers; and the names and locations of schools and day 223
care facilities attended by the children of general magistrates, 224
special magistrates, judges of compensation claims, 225
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administrative law judges of the Division of Administrative 226
Hearings, and child support enforcement hearing officers are 227
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 228
Constitution. 229
h. The home addresses, telephone numbers, dates of birth, 230
and photographs of current or former human resource, labor 231
relations, or employee relations directors, assistant directors, 232
managers, or assistant managers of any local government ag ency 233
or water management district whose duties include hiring and 234
firing employees, labor contract negotiation, administration, or 235
other personnel-related duties; the names, home addresses, 236
telephone numbers, dates of birth, and places of employment of 237
the spouses and children of such personnel; and the names and 238
locations of schools and day care facilities attended by the 239
children of such personnel are exempt from s. 119.07(1) and s. 240
24(a), Art. I of the State Constitution. 241
i. The home addresses, telepho ne numbers, dates of birth, 242
and photographs of current or former code enforcement officers; 243
the names, home addresses, telephone numbers, dates of birth, 244
and places of employment of the spouses and children of such 245
personnel; and the names and locations of schools and day care 246
facilities attended by the children of such personnel are exempt 247
from s. 119.07(1) and s. 24(a), Art. I of the State 248
Constitution. 249
j. The home addresses, telephone numbers, places of 250
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employment, dates of birth, and photographs of cu rrent or former 251
guardians ad litem, as defined in s. 39.820; the names, home 252
addresses, telephone numbers, dates of birth, and places of 253
employment of the spouses and children of such persons; and the 254
names and locations of schools and day care facilities attended 255
by the children of such persons are exempt from s. 119.07(1) and 256
s. 24(a), Art. I of the State Constitution. 257
k. The home addresses, telephone numbers, dates of birth, 258
and photographs of current or former juvenile probation 259
officers, juvenile pro bation supervisors, detention 260
superintendents, assistant detention superintendents, juvenile 261
justice detention officers I and II, juvenile justice detention 262
officer supervisors, juvenile justice residential officers, 263
juvenile justice residential officer su pervisors I and II, 264
juvenile justice counselors, juvenile justice counselor 265
supervisors, human services counselor administrators, senior 266
human services counselor administrators, rehabilitation 267
therapists, and social services counselors of the Department of 268
Juvenile Justice; the names, home addresses, telephone numbers, 269
dates of birth, and places of employment of spouses and children 270
of such personnel; and the names and locations of schools and 271
day care facilities attended by the children of such personnel 272
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 273
Constitution. 274
l. The home addresses, telephone numbers, dates of birth, 275
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and photographs of current or former public defenders, assistant 276
public defenders, criminal conflict and civil regional counsel, 277
and assistant criminal conflict and civil regional counsel; the 278
names, home addresses, telephone numbers, dates of birth, and 279
places of employment of the spouses and children of current or 280
former public defenders, assistant public defenders, crimi nal 281
conflict and civil regional counsel, and assistant criminal 282
conflict and civil regional counsel; and the names and locations 283
of schools and day care facilities attended by the children of 284
current or former public defenders, assistant public defenders, 285
criminal conflict and civil regional counsel, and assistant 286
criminal conflict and civil regional counsel are exempt from s. 287
119.07(1) and s. 24(a), Art. I of the State Constitution. 288
m. The home addresses, telephone numbers, dates of birth, 289
and photographs of current or former investigators or inspectors 290
of the Department of Business and Professional Regulation; the 291
names, home addresses, telephone numbers, dates of birth, and 292
places of employment of the spouses and children of such current 293
or former investigators and inspectors; and the names and 294
locations of schools and day care facilities attended by the 295
children of such current or former investigators and inspectors 296
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 297
Constitution. 298
n. The home addresses, telephone numbers, and dates of 299
birth of county tax collectors; the names, home addresses, 300
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telephone numbers, dates of birth, and places of employment of 301
the spouses and children of such tax collectors; and the names 302
and locations of schools and day care facilities attended by the 303
children of such tax collectors are exempt from s. 119.07(1) and 304
s. 24(a), Art. I of the State Constitution. 305
o. The home addresses, telephone numbers, dates of birth, 306
and photographs of current or former personnel of the Department 307
of Health whose duties include, or result in, the determination 308
or adjudication of eligibility for social security disability 309
benefits, the investigation or prosecution of complaints filed 310
against health care practitioners, or the inspect ion of health 311
care practitioners or health care facilities licensed by the 312
Department of Health; the names, home addresses, telephone 313
numbers, dates of birth, and places of employment of the spouses 314
and children of such personnel; and the names and locatio ns of 315
schools and day care facilities attended by the children of such 316
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 317
the State Constitution. 318
p. The home addresses, telephone numbers, dates of birth, 319
and photographs of current or former i mpaired practitioner 320
consultants who are retained by an agency or current or former 321
employees of an impaired practitioner consultant whose duties 322
result in a determination of a person's skill and safety to 323
practice a licensed profession; the names, home ad dresses, 324
telephone numbers, dates of birth, and places of employment of 325
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the spouses and children of such consultants or their employees; 326
and the names and locations of schools and day care facilities 327
attended by the children of such consultants or employee s are 328
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 329
Constitution. 330
q. The home addresses, telephone numbers, dates of birth, 331
and photographs of current or former emergency medical 332
technicians or paramedics certified under chapter 401; the 333
names, home addresses, telephone numbers, dates of birth, and 334
places of employment of the spouses and children of such 335
emergency medical technicians or paramedics; and the names and 336
locations of schools and day care facilities attended by the 337
children of such emergency medical technicians or paramedics are 338
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 339
Constitution. 340
r. The home addresses, telephone numbers, dates of birth, 341
and photographs of current or former personnel employed in an 342
agency's office of inspector general or internal audit 343
department whose duties include auditing or investigating waste, 344
fraud, abuse, theft, exploitation, or other activities that 345
could lead to criminal prosecution or administrative discipline; 346
the names, home address es, telephone numbers, dates of birth, 347
and places of employment of spouses and children of such 348
personnel; and the names and locations of schools and day care 349
facilities attended by the children of such personnel are exempt 350
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from s. 119.07(1) and s. 24(a), Art. I of the State 351
Constitution. 352
s. The home addresses, telephone numbers, dates of birth, 353
and photographs of current or former directors, managers, 354
supervisors, nurses, and clinical employees of an addiction 355
treatment facility; the home addresses, tele phone numbers, 356
photographs, dates of birth, and places of employment of the 357
spouses and children of such personnel; and the names and 358
locations of schools and day care facilities attended by the 359
children of such personnel are exempt from s. 119.07(1) and s . 360
24(a), Art. I of the State Constitution. For purposes of this 361
sub-subparagraph, the term "addiction treatment facility" means 362
a county government, or agency thereof, that is licensed 363
pursuant to s. 397.401 and provides substance abuse prevention, 364
intervention, or clinical treatment, including any licensed 365
service component described in s. 397.311(27) s. 397.311(26). 366
t. The home addresses, telephone numbers, dates of birth, 367
and photographs of current or former directors, managers, 368
supervisors, and clinic al employees of a child advocacy center 369
that meets the standards of s. 39.3035(2) and fulfills the 370
screening requirement of s. 39.3035(3), and the members of a 371
Child Protection Team as described in s. 39.303 whose duties 372
include supporting the investigatio n of child abuse or sexual 373
abuse, child abandonment, child neglect, and child exploitation 374
or to provide services as part of a multidisciplinary case 375
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review team; the names, home addresses, telephone numbers, 376
photographs, dates of birth, and places of empl oyment of the 377
spouses and children of such personnel and members; and the 378
names and locations of schools and day care facilities attended 379
by the children of such personnel and members are exempt from s. 380
119.07(1) and s. 24(a), Art. I of the State Constitut ion. 381
u. The home addresses, telephone numbers, places of 382
employment, dates of birth, and photographs of current or former 383
staff and domestic violence advocates, as defined in s. 384
90.5036(1)(b), of domestic violence centers certified by the 385
Department of Children and Families under chapter 39; the names, 386
home addresses, telephone numbers, places of employment, dates 387
of birth, and photographs of the spouses and children of such 388
personnel; and the names and locations of schools and day care 389
facilities attended by the children of such personnel are exempt 390
from s. 119.07(1) and s. 24(a), Art. I of the State 391
Constitution. 392
v. The home addresses, telephone numbers, dates of birth, 393
and photographs of current or former inspectors or investigators 394
of the Department of Agriculture and Consumer Services; the 395
names, home addresses, telephone numbers, dates of birth, and 396
places of employment of the spouses and children of current or 397
former inspectors or investigators; and the names and locations 398
of schools and day care f acilities attended by the children of 399
current or former inspectors or investigators are exempt from s. 400
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119.07(1) and s. 24(a), Art. I of the State Constitution. This 401
sub-subparagraph is subject to the Open Government Sunset Review 402
Act in accordance with s. 119.15 and shall stand repealed on 403
October 2, 2028, unless reviewed and saved from repeal through 404
reenactment by the Legislature. 405
3. An agency that is the custodian of the information 406
specified in subparagraph 2. and that is not the employer of the 407
officer, employee, justice, judge, or other person specified in 408
subparagraph 2. must maintain the exempt status of that 409
information only if the officer, employee, justice, judge, other 410
person, or employing agency of the designated employee submits a 411
written and notarized request for maintenance of the exemption 412
to the custodial agency. The request must state under oath the 413
statutory basis for the individual's exemption request and 414
confirm the individual's status as a party eligible for exempt 415
status. 416
4.a. A county property appraiser, as defined in s. 417
192.001(3), or a county tax collector, as defined in s. 418
192.001(4), who receives a written and notarized request for 419
maintenance of the exemption pursuant to subparagraph 3. must 420
comply by removing the name of the individual with exempt status 421
and the instrument number or Official Records book and page 422
number identifying the property with the exempt status from all 423
publicly available records maintained by the property appraiser 424
or tax collector. For written request s received on or before 425
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July 1, 2021, a county property appraiser or county tax 426
collector must comply with this sub -subparagraph by October 1, 427
2021. A county property appraiser or county tax collector may 428
not remove the street address, legal description, o r other 429
information identifying real property within the agency's 430
records so long as a name or personal information otherwise 431
exempt from inspection and copying pursuant to this section is 432
not associated with the property or otherwise displayed in the 433
public records of the agency. 434
b. Any information restricted from public display, 435
inspection, or copying under sub -subparagraph a. must be 436
provided to the individual whose information was removed. 437
5. An officer, an employee, a justice, a judge, or other 438
person specified in subparagraph 2. may submit a written request 439
for the release of his or her exempt information to the 440
custodial agency. The written request must be notarized and must 441
specify the information to be released and the party authorized 442
to receive the information. Upon receipt of the written request, 443
the custodial agency must release the specified information to 444
the party authorized to receive such information. 445
6. The exemptions in this paragraph apply to information 446
held by an agency before, on , or after the effective date of the 447
exemption. 448
7. Information made exempt under this paragraph may be 449
disclosed pursuant to s. 28.2221 to a title insurer authorized 450
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pursuant to s. 624.401 and its affiliates as defined in s. 451
624.10; a title insurance age nt or title insurance agency as 452
defined in s. 626.841(1) or (2), respectively; or an attorney 453
duly admitted to practice law in this state and in good standing 454
with The Florida Bar. 455
8. The exempt status of a home address contained in the 456
Official Records is maintained only during the period when a 457
protected party resides at the dwelling location. Upon 458
conveyance of real property after October 1, 2021, and when such 459
real property no longer constitutes a protected party's home 460
address as defined in sub -subparagraph 1.a., the protected party 461
must submit a written request to release the removed information 462
to the county recorder. The written request to release the 463
removed information must be notarized, must confirm that a 464
protected party's request for release i s pursuant to a 465
conveyance of his or her dwelling location, and must specify the 466
Official Records book and page, instrument number, or clerk's 467
file number for each document containing the information to be 468
released. 469
9. Upon the death of a protected party as verified by a 470
certified copy of a death certificate or court order, any party 471
can request the county recorder to release a protected 472
decedent's removed information unless there is a related request 473
on file with the county recorder for continued removal of the 474
decedent's information or unless such removal is otherwise 475
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prohibited by statute or by court order. The written request to 476
release the removed information upon the death of a protected 477
party must attach the certified copy of a death certificate or 478
court order and must be notarized, must confirm the request for 479
release is due to the death of a protected party, and must 480
specify the Official Records book and page number, instrument 481
number, or clerk's file number for each document containing the 482
information to be released. A fee may not be charged for the 483
release of any document pursuant to such request. 484
10. Except as otherwise expressly provided in this 485
paragraph, this paragraph is subject to the Open Government 486
Sunset Review Act in accordance with s. 119.15 and shall stand 487
repealed on October 2, 2024, unless reviewed and saved from 488
repeal through reenactment by the Legislature. 489
Section 4. Paragraph (a) of subsection (4) of section 490
381.0038, Florida Statutes, is amended to read: 491
381.0038 Education; sterile needle and syringe exchange 492
programs.—The Department of Health shall establish a program to 493
educate the public about the threat of acquired immune 494
deficiency syndrome. 495
(4) A county commission may authorize a sterile needle and 496
syringe exchange program to operate within its county 497
boundaries. The program may operate at one or more fixed 498
locations or through mobile health units. The program shall 499
offer the free exchange of clean, unused needles and hypodermic 500
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syringes for used needles and hypoder mic syringes as a means to 501
prevent the transmission of HIV, AIDS, viral hepatitis, or other 502
blood-borne diseases among intravenous drug users and their 503
sexual partners and offspring. Prevention of disease 504
transmission must be the goal of the program. For t he purposes 505
of this subsection, the term "exchange program" means a sterile 506
needle and syringe exchange program established by a county 507
commission under this subsection. A sterile needle and syringe 508
exchange program may not operate unless it is authorized and 509
approved by a county commission in accordance with this 510
subsection. 511
(a) Before an exchange program may be established, a 512
county commission must: 513
1. Authorize the program under the provisions of a county 514
ordinance; 515
2. Enter into a letter of agreement with the department in 516
which the county commission agrees that any exchange program 517
authorized by the county commission will operate in accordance 518
with this subsection; 519
3. Enlist the local county health department to provide 520
ongoing advice, consultation, and recommendations for the 521
operation of the program; 522
4. Contract with one of the following entities to operate 523
the program: 524
a. A hospital licensed under chapter 395. 525
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b. A health care clinic licensed under part X of chapter 526
400. 527
c. A medical school in this state accredited by the 528
Liaison Committee on Medical Education or the Commission on 529
Osteopathic College Accreditation. 530
d. A licensed addictions receiving facility as defined in 531
s. 397.311(27)(a)1. s. 397.311(26)(a)1. 532
e. A s. 501(c)(3) HIV/AIDS service organization. 533
Section 5. Paragraph (e) of subsection (2) of section 534
394.4573, Florida Statutes, is amended to read: 535
394.4573 Coordinated system of care; annual assessment; 536
essential elements; measures of performance; system improv ement 537
grants; reports.—On or before December 1 of each year, the 538
department shall submit to the Governor, the President of the 539
Senate, and the Speaker of the House of Representatives an 540
assessment of the behavioral health services in this state. The 541
assessment shall consider, at a minimum, the extent to which 542
designated receiving systems function as no -wrong-door models, 543
the availability of treatment and recovery services that use 544
recovery-oriented and peer-involved approaches, the availability 545
of less-restrictive services, and the use of evidence -informed 546
practices. The assessment shall also consider the availability 547
of and access to coordinated specialty care programs and 548
identify any gaps in the availability of and access to such 549
programs in the state. Th e department's assessment shall 550
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consider, at a minimum, the needs assessments conducted by the 551
managing entities pursuant to s. 394.9082(5). The department 552
shall compile and include in the report all plans submitted by 553
managing entities pursuant to s. 394. 9082(8) and the 554
department's evaluation of each plan. 555
(2) The essential elements of a coordinated system of care 556
include: 557
(e) Case management. Each case manager or person directly 558
supervising a case manager who provides Medicaid -funded targeted 559
case management services shall hold a valid certification from a 560
department-approved credentialing entity as defined in s. 561
397.311(11) s. 397.311(10) by July 1, 2017, and, thereafter, 562
within 6 months after hire. 563
Section 6. Subsection (6) of section 394.9085, Florida 564
Statutes, is amended to read: 565
394.9085 Behavioral provider liability. — 566
(6) For purposes of this section, the terms 567
"detoxification services," "addictions receiving facility," and 568
"receiving facility" have the same meanings as those provided in 569
ss. 397.311(27)(a)4., 397.311(27)(a)1. ss. 397.311(26)(a)3., 570
397.311(26)(a)1., and 394.455(40), respectively. 571
Section 7. Subsection (8) of section 397.4012, Florida 572
Statutes, is amended to read: 573
397.4012 Exemptions from licensure. —The following are 574
exempt from the licensing provisions of this chapter: 575
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(8) A legally cognizable church or nonprofit religious 576
organization or denomination providing substance abuse services, 577
including prevention services, which are solely religious, 578
spiritual, or ecclesia stical in nature. A church or nonprofit 579
religious organization or denomination providing any of the 580
licensed service components itemized under s. 397.311(27) s. 581
397.311(26) is not exempt from substance abuse licensure but 582
retains its exemption with respect to all services which are 583
solely religious, spiritual, or ecclesiastical in nature. 584
585
The exemptions from licensure in subsections (3), (4), (8), (9), 586
and (10) do not apply to any service provider that receives an 587
appropriation, grant, or contract from the state to operate as a 588
service provider as defined in this chapter or to any substance 589
abuse program regulated under s. 397.4014. Furthermore, this 590
chapter may not be construed to limit the practice of a 591
physician or physician assistant licensed under chap ter 458 or 592
chapter 459, a psychologist licensed under chapter 490, a 593
psychotherapist licensed under chapter 491, or an advanced 594
practice registered nurse licensed under part I of chapter 464, 595
who provides substance abuse treatment, so long as the 596
physician, physician assistant, psychologist, psychotherapist, 597
or advanced practice registered nurse does not represent to the 598
public that he or she is a licensed service provider and does 599
not provide services to individuals under part V of this 600
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chapter. Failure to comply with any requirement necessary to 601
maintain an exempt status under this section is a misdemeanor of 602
the first degree, punishable as provided in s. 775.082 or s. 603
775.083. 604
Section 8. Subsections (1) and (6) of section 397.407, 605
Florida Statutes, ar e amended to read: 606
397.407 Licensure process; fees. — 607
(1) The department shall establish the licensure process 608
to include fees and categories of licenses and must prescribe a 609
fee range that is based, at least in part, on the number and 610
complexity of programs listed in s. 397.311(27) s. 397.311(26) 611
which are operated by a licensee. The fees from the licensure of 612
service components are sufficient to cover the costs of 613
regulating the service components. The department shall specify 614
a fee range for public an d privately funded licensed service 615
providers. Fees for privately funded licensed service providers 616
must exceed the fees for publicly funded licensed service 617
providers. 618
(6) The department may issue probationary, regular, and 619
interim licenses. The departm ent shall issue one license for 620
each service component that is operated by a service provider 621
and defined pursuant to s. 397.311(27) s. 397.311(26). The 622
license is valid only for the specific service components listed 623
for each specific location identified on the license. The 624
licensed service provider shall apply for a new license at least 625
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60 days before the addition of any service components or 30 days 626
before the relocation of any of its service sites. Provision of 627
service components or delivery of services at a location not 628
identified on the license may be considered an unlicensed 629
operation that authorizes the department to seek an injunction 630
against operation as provided in s. 397.401, in addition to 631
other sanctions authorized by s. 397.415. Probationary a nd 632
regular licenses may be issued only after all required 633
information has been submitted. A license may not be 634
transferred. As used in this subsection, the term "transfer" 635
includes, but is not limited to, the transfer of a majority of 636
the ownership interes t in the licensed entity or transfer of 637
responsibilities under the license to another entity by 638
contractual arrangement. 639
Section 9. Subsection (1) of section 397.410, Florida 640
Statutes, is amended to read: 641
397.410 Licensure requirements; minimum stand ards; rules.— 642
(1) The department shall establish minimum requirements 643
for licensure of each service component, as defined in s. 644
397.311(27) s. 397.311(26), including, but not limited to: 645
(a) Standards and procedures for the administrative 646
management of the licensed service component, including 647
procedures for recordkeeping, referrals, and financial 648
management. 649
(b) Standards consistent with clinical and treatment best 650
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practices that ensure the provision of quality treatment for 651
individuals receiving sub stance abuse treatment services. 652
(c) The number and qualifications of all personnel, 653
including, but not limited to, management, nursing, and 654
qualified professionals, having responsibility for any part of 655
an individual's clinical treatment. These requirem ents must 656
include, but are not limited to: 657
1. Education; credentials, such as licensure or 658
certification, if appropriate; training; and supervision of 659
personnel providing direct clinical treatment. 660
2. Minimum staffing ratios to provide adequate safety, 661
care, and treatment. 662
3. Hours of staff coverage. 663
4. The maximum number of individuals who may receive 664
clinical services together in a group setting. 665
5. The maximum number of licensed service providers for 666
which a physician may serve as medical direc tor and the total 667
number of individuals he or she may treat in that capacity. 668
(d) Service provider facility standards, including, but 669
not limited to: 670
1. Safety and adequacy of the facility and grounds. 671
2. Space, furnishings, and equipment for each in dividual 672
served. 673
3. Infection control, housekeeping, sanitation, and 674
facility maintenance. 675
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4. Meals and snacks. 676
(e) Disaster planning policies and procedures. 677
(f) A prohibition on the premises against alcohol, 678
marijuana, illegal drugs, and the use of prescribed medications 679
by an individual other than the individual for whom the 680
medication is prescribed. For the purposes of this paragraph, 681
"marijuana" includes marijuana that has been certified by a 682
qualified physician for medical use in accordance wi th s. 683
381.986. 684
Section 10. Section 397.416, Florida Statutes, is amended 685
to read: 686
397.416 Substance abuse treatment services; qualified 687
professional.—Notwithstanding any other provision of law, a 688
person who was certified through a certification proce ss 689
recognized by the former Department of Health and Rehabilitative 690
Services before January 1, 1995, may perform the duties of a 691
qualified professional with respect to substance abuse treatment 692
services as defined in this chapter, and need not meet the 693
certification requirements contained in s. 397.311(36) s. 694
397.311(35). 695
Section 11. Paragraph (h) of subsection (1) of section 696
893.13, Florida Statutes, is amended to read: 697
893.13 Prohibited acts; penalties. — 698
(1) 699
(h) Except as authorized by this chapt er, a person may not 700
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sell, manufacture, or deliver, or possess with intent to sell, 701
manufacture, or deliver, a controlled substance in, on, or 702
within 1,000 feet of the real property comprising a mental 703
health facility, as that term is used in chapter 394; a health 704
care facility licensed under chapter 395 which provides 705
substance abuse treatment; a licensed service provider as 706
defined in s. 397.311; a facility providing services that 707
include clinical treatment, intervention, or prevention as 708
described in s. 397.311(27) s. 397.311(26); a recovery residence 709
as defined in s. 397.311; an assisted living facility as defined 710
in chapter 429; or a pain management clinic as defined in s. 711
458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who 712
violates this paragraph with respect to: 713
1. A controlled substance named or described in s. 714
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 715
commits a felony of the first degree, punishable as provided in 716
s. 775.082, s. 775.083, or s. 775.084. 717
2. A controlled substan ce named or described in s. 718
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 719
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 720
the second degree, punishable as provided in s. 775.082, s. 721
775.083, or s. 775.084. 722
3. Any other controlled substance, except as lawfully 723
sold, manufactured, or delivered, must be sentenced to pay a 724
$500 fine and to serve 100 hours of public service in addition 725
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to any other penalty prescribed by law. 726
Section 12. This act shall take effect July 1, 2024. 727