FL
Florida House Bill H1065

Florida 2024 Regular Session

Florida House Bill H1065 Compare Versions

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1010 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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14+A bill to be entitled 1
1515 An act relating to substance abuse treatment; amending 2
1616 s. 397.311, F.S.; providing the levels of care at 3
1717 certified recovery residences and their respective 4
1818 levels of care for residents; defining the term 5
1919 "community housing"; amending s. 397.407, F.S.; 6
2020 authorizing, rather than requiring, the Department of 7
2121 Children and Families to issue a license for certain 8
2222 service components operated by a service provider; 9
2323 removing the timeframe in which a licensed service 10
2424 provider must apply for additional services; requir ing 11
2525 the service provider to obtain approval before 12
2626 relocating to a different service site; removing a 13
2727 requirement that a separate license is required for 14
2828 each service component maintained by a service 15
2929 provider; amending s. 397.487, F.S.; extending the 16
3030 deadline for certified recovery residences to retain a 17
3131 replacement for a certified recovery residence 18
3232 administrator who has been removed from his or her 19
3333 position; requiring certified recovery residences to 20
3434 remove certain individuals from their positions under 21
3535 certain circumstances; requiring the certified 22
3636 recovery residence to retain a certified recovery 23
3737 residence administrator if the previous certified 24
3838 recovery residence administrator has been removed for 25
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4747 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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5151 any reason; prohibiting certified recovery residences, 26
5252 on or after a specified date, from denying an 27
5353 individual access to housing under specified 28
5454 circumstances; prohibiting local ordinances or 29
5555 regulations from further regulating after a specified 30
5656 date the duration or frequency of a resident's stay in 31
5757 a certified recovery residence located within a 32
5858 certain zoning districts; providing applicability; 33
5959 amending s. 397.4871, F.S.; authorizing certain Level 34
6060 IV certified recovery residences owned or controlled 35
6161 by certain licensed service providers and managed by a 36
6262 certified recovery residence administrator to manage a 37
6363 specified greater number of residents under certain 38
6464 circumstances; prohibiting a certified recovery 39
6565 residence administrator who has been removed by a 40
6666 certified recovery residence from taking on certain 41
6767 other management positions without approval from a 42
6868 credentialing entity; amending ss. 119.071, 381.0038, 43
6969 394.4573, 394.9085, 397.4012, 397.407, 397.410, 44
7070 397.416, and 893.13, F.S.; conforming provisions to 45
7171 changes made by the act; providing an effective date. 46
7272 47
7373 Be It Enacted by the Legislature of the State of Florida: 48
7474 49
7575 Section 1. Subsections (9) through (50) of section 50
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8484 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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8888 397.311, Florida Statutes, are renumbered as subsections (10) 51
8989 through (51), respectively, subsection (5) and present 52
9090 subsection (43) are amended, and a new subsection (9) is added 53
9191 to that section, to read: 54
9292 397.311 Definitions. —As used in this chapter, except part 55
9393 VIII, the term: 56
9494 (5) "Certified recovery residence" means a recovery 57
9595 residence that holds a valid certificate of compliance an d is 58
9696 actively managed by a certified recovery residence 59
9797 administrator. 60
9898 (a) A Level I certified recovery residence houses 61
9999 individuals in recovery who have completed treatment, with a 62
100100 minimum of 9 months of sobriety. A Level I certified recovery 63
101101 residence is democratically run by the members who reside in the 64
102102 home. 65
103103 (b) A Level II certified recovery residence encompasses 66
104104 the traditional perspectives of sober living homes. There is 67
105105 oversight from a house manager who has experience with living in 68
106106 recovery. Residents are expected to follow rules outlined in a 69
107107 resident handbook provided by the certified recovery residence 70
108108 administrator. Residents must pay dues, if applicable, and work 71
109109 toward achieving realistic and defined milestones within a 72
110110 chosen recovery path. 73
111111 (c) A Level III certified recovery residence offers higher 74
112112 supervision by staff with formal training to ensure resident 75
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121121 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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125125 accountability. Such residences are staffed 24 hours a day, 7 76
126126 days a week, and offer residents peer -support services, which 77
127127 may include, but are not limited to, life skill mentoring, 78
128128 recovery planning, and meal preparation. Clinical services may 79
129129 not be performed at the residence. Such residences are most 80
130130 appropriate for persons who require a more structured 81
131131 environment during early r ecovery from addiction. 82
132132 (d) A Level IV certified recovery residence is a residence 83
133133 offered, referred to, or provided by, a licensed service 84
134134 provider to its patients who are required to reside at the 85
135135 residence while receiving intensive outpatient and high er levels 86
136136 of outpatient care. Such residences are staffed 24 hours a day 87
137137 and combine outpatient licensable services with recovery 88
138138 residential living. Residents are required to follow a treatment 89
139139 plan and attend group and individual sessions, in addition to 90
140140 developing a recovery plan within the social model of living in 91
141141 a sober lifestyle. No clinical services are provided at the 92
142142 residence and all licensable services are provided off -site. 93
143143 (9) "Community housing" means a certified recovery 94
144144 residence offered, referred to, or provided by a licensed 95
145145 service provider that provides housing to its patients who are 96
146146 required to reside at the residence while receiving intensive 97
147147 outpatient and higher levels of outpatient care. A certified 98
148148 recovery residence used by a licensed service provider that 99
149149 meets the definition of community housing shall be classified as 100
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158158 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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162162 a Level IV level of support, as described in subsection (5). 101
163163 (44)(43) "Service component" or "component" means a 102
164164 discrete operational entity within a service provider which is 103
165165 subject to licensing as defined by rule. Service components 104
166166 include prevention, intervention, and clinical treatment 105
167167 described in subsection (27) (26). 106
168168 Section 2. Subsection (11) of section 397.407, Florida 107
169169 Statutes, is renumbered as subsection (10) and subsection (6) 108
170170 and present subsection (10) of that section are amended to read: 109
171171 397.407 Licensure process; fees. — 110
172172 (6) The department may issue probationary, regular, and 111
173173 interim licenses. The department may shall issue one license for 112
174174 all each service components component that is operated by a 113
175175 service provider and defined pursuant to s. 397.311(26). The 114
176176 license is valid only for the specific service components listed 115
177177 for each specific location identified on the license. The 116
178178 licensed service provider shall apply for a new license at least 117
179179 60 days before the addition of any service components and obtain 118
180180 approval before initiating additional services. The licensed 119
181181 service provider must notify the department and provide any 120
182182 required documentation at least or 30 days before the relocation 121
183183 of any of its service sites. Provision of service components or 122
184184 delivery of services at a location not identified on the license 123
185185 may be considered an unlicensed operation that authorizes the 124
186186 department to seek an injunction against operation as provided 125
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195195 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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197197
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199199 in s. 397.401, in addition to other sanctions authorized by s. 126
200200 397.415. Probationary and regular licenses may be issued only 127
201201 after all required information has been submitted. A license may 128
202202 not be transferred. As used in this subsection, the term 129
203203 "transfer" includes, but is not limited to, the transfer of a 130
204204 majority of the ownership interest in the licensed entity or 131
205205 transfer of responsibilities under the license to another entity 132
206206 by contractual arrangement. 133
207207 (10) A separate license is required for each service 134
208208 component maintained by the service provider. 135
209209 Section 3. Subsection (8) of section 397.487, Florida 136
210210 Statutes, is amended and subsections (13) and (14) are added to 137
211211 that section, to read: 138
212212 397.487 Voluntary certification of recovery residences. — 139
213213 (8) Onsite followup monitoring of a certified recovery 140
214214 residence may be conducted by the credentialing entity to 141
215215 determine continuing compliance with certification requirements. 142
216216 The credentialing entity sh all inspect each certified recovery 143
217217 residence at least annually to ensure compliance. 144
218218 (a) A credentialing entity may suspend or revoke a 145
219219 certification if the recovery residence is not in compliance 146
220220 with any provision of this section or has failed to reme dy any 147
221221 deficiency identified by the credentialing entity within the 148
222222 time period specified. 149
223223 (b) A certified recovery residence must notify the 150
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232232 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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236236 credentialing entity within 3 business days after the removal of 151
237237 the recovery residence's certified recovery res idence 152
238238 administrator due to termination, resignation, or any other 153
239239 reason. The certified recovery residence has 90 30 days to 154
240240 retain a certified recovery residence administrator. The 155
241241 credentialing entity must shall revoke the certificate of 156
242242 compliance of any certified recovery residence that fails to 157
243243 comply with this paragraph. 158
244244 (c) If a certified recovery residence's administrator has 159
245245 been removed due to termination, resignation, or any other 160
246246 reason and had been previously approved to actively manage more 161
247247 than 50 residents pursuant to s. 397.4871(8)(b), the certified 162
248248 recovery residence has 90 days to retain another certified 163
249249 recovery residence administrator pursuant to s. 397.4871. The 164
250250 credentialing entity must revoke the certificate of compliance 165
251251 of any certified recovery residence that fails to comply with 166
252252 this paragraph. 167
253253 (d)(c) If any owner, director, or chief financial officer 168
254254 of a certified recovery residence is arrested and awaiting 169
255255 disposition for or found guilty of, or enters a plea of guilty 170
256256 or nolo contendere to, regardless of whether adjudication is 171
257257 withheld, any offense listed in s. 435.04(2) while acting in 172
258258 that capacity, the certified recovery residence must shall 173
259259 immediately remove the person from that position and shall 174
260260 notify the credentia ling entity within 3 business days after 175
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269269 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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273273 such removal. The credentialing entity must shall revoke the 176
274274 certificate of compliance of a certified recovery residence that 177
275275 fails to meet these requirements. 178
276276 (e)(d) A credentialing entity shall revoke a certified 179
277277 recovery residence's certificate of compliance if the certified 180
278278 recovery residence provides false or misleading information to 181
279279 the credentialing entity at any time. 182
280280 (f)(e) Any decision by a department -recognized 183
281281 credentialing entity to deny, re voke, or suspend a 184
282282 certification, or otherwise impose sanctions on a certified 185
283283 recovery residence, is reviewable by the department. Upon 186
284284 receiving an adverse determination, the certified recovery 187
285285 residence may request an administrative hearing pursuant to ss. 188
286286 120.569 and 120.57(1) within 30 days after completing any 189
287287 appeals process offered by the credentialing entity or the 190
288288 department, as applicable. 191
289289 (13) Beginning January 1, 2025, a certified recovery 192
290290 residence may not deny an individual access to housin g solely on 193
291291 the basis that he or she has been prescribed federally approved 194
292292 medication that assists with treatment for substance use 195
293293 disorders by a licensed physician, a physician's assistant, or 196
294294 an advanced practice registered nurse registered under s. 197
295295 464.0123. 198
296296 (14) A local ordinance or regulation may not further 199
297297 regulate the duration or frequency of a resident's stay in a 200
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306306 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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310310 certified recovery residence located within a multifamily zoning 201
311311 district after June 30, 2024. This provision shall expire July 202
312312 1, 2026. 203
313313 Section 4. Paragraphs (b) and (c) of subsection (6) of 204
314314 section 397.4871, Florida Statutes, are amended and paragraph 205
315315 (c) is added to subsection (8) of that section, to read: 206
316316 397.4871 Recovery residence administrator certification. — 207
317317 (6) The credentialing entity shall issue a certificate of 208
318318 compliance upon approval of a person's application. The 209
319319 certification shall automatically terminate 1 year after 210
320320 issuance if not renewed. 211
321321 (b) If a certified recovery residence administrator of a 212
322322 recovery residence is arrested and awaiting disposition for or 213
323323 found guilty of, or enters a plea of guilty or nolo contendere 214
324324 to, regardless of whether adjudication is withheld, any offense 215
325325 listed in s. 435.04(2) while acting in that capacity, the 216
326326 certified recovery residence must shall immediately remove the 217
327327 person from that position and shall notify the credentialing 218
328328 entity within 3 business days after such removal. The certified 219
329329 recovery residence shall have 30 days to retain a certified 220
330330 recovery residence administr ator within 90 days after such 221
331331 removal. The credentialing entity must shall revoke the 222
332332 certificate of compliance of any recovery residence that fails 223
333333 to meet these requirements. 224
334334 (c) A credentialing entity must shall revoke a certified 225
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343343 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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345345
346346
347347 recovery residence administrator's certificate of compliance if 226
348348 the recovery residence administrator provides false or 227
349349 misleading information to the credentialing entity at any time. 228
350350 (8) 229
351351 (c) Notwithstanding paragraph (b), a Level IV certified 230
352352 recovery residence operating as community housing as defined in 231
353353 s. 397.311(9), which residence is actively managed by a 232
354354 certified recovery residence administrator approved for 100 233
355355 residents under this section and is wholly owned or controlled 234
356356 by a licensed service provider, may active ly manage up to 150 235
357357 residents so long as the licensed service provider maintains a 236
358358 service provider personnel -to-patient ratio of 1 to 8 and 237
359359 maintains onsite supervision at the residence 24 hours a day, 7 238
360360 days a week, with a personnel -to-resident ratio of 1 to 10. A 239
361361 certified recovery residence administrator who has been removed 240
362362 by a certified recovery residence due to termination, 241
363363 resignation, or any other reason may not continue to actively 242
364364 manage more than 50 residents for another service provider or 243
365365 certified recovery residence without being approved by the 244
366366 credentialing entity. 245
367367 Section 5. Paragraph (d) of subsection (4) of section 246
368368 119.071, Florida Statutes, is amended to read: 247
369369 119.071 General exemptions from inspection or copying of 248
370370 public records.— 249
371371 (4) AGENCY PERSONNEL INFORMATION. — 250
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380380 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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384384 (d)1. For purposes of this paragraph, the term: 251
385385 a. "Home addresses" means the dwelling location at which 252
386386 an individual resides and includes the physical address, mailing 253
387387 address, street address, parcel identifica tion number, plot 254
388388 identification number, legal property description, neighborhood 255
389389 name and lot number, GPS coordinates, and any other descriptive 256
390390 property information that may reveal the home address. 257
391391 b. "Judicial assistant" means a court employee assign ed to 258
392392 the following class codes: 8140, 8150, 8310, and 8320. 259
393393 c. "Telephone numbers" includes home telephone numbers, 260
394394 personal cellular telephone numbers, personal pager telephone 261
395395 numbers, and telephone numbers associated with personal 262
396396 communications devices. 263
397397 2.a. The home addresses, telephone numbers, dates of 264
398398 birth, and photographs of active or former sworn law enforcement 265
399399 personnel or of active or former civilian personnel employed by 266
400400 a law enforcement agency, including correctional and 267
401401 correctional probation officers, personnel of the Department of 268
402402 Children and Families whose duties include the investigation of 269
403403 abuse, neglect, exploitation, fraud, theft, or other criminal 270
404404 activities, personnel of the Department of Health whose duties 271
405405 are to support the investigation of child abuse or neglect, and 272
406406 personnel of the Department of Revenue or local governments 273
407407 whose responsibilities include revenue collection and 274
408408 enforcement or child support enforcement; the names, home 275
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417417 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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421421 addresses, telephone numbers, photogr aphs, dates of birth, and 276
422422 places of employment of the spouses and children of such 277
423423 personnel; and the names and locations of schools and day care 278
424424 facilities attended by the children of such personnel are exempt 279
425425 from s. 119.07(1) and s. 24(a), Art. I of the State 280
426426 Constitution. 281
427427 b. The home addresses, telephone numbers, dates of birth, 282
428428 and photographs of current or former nonsworn investigative 283
429429 personnel of the Department of Financial Services whose duties 284
430430 include the investigation of fraud, theft, workers' compensation 285
431431 coverage requirements and compliance, other related criminal 286
432432 activities, or state regulatory requirement violations; the 287
433433 names, home addresses, telephone numbers, dates of birth, and 288
434434 places of employment of the spouses and children of such 289
435435 personnel; and the names and locations of schools and day care 290
436436 facilities attended by the children of such personnel are exempt 291
437437 from s. 119.07(1) and s. 24(a), Art. I of the State 292
438438 Constitution. 293
439439 c. The home addresses, telephone numbers, dates of birth, 294
440440 and photographs of current or former nonsworn investigative 295
441441 personnel of the Office of Financial Regulation's Bureau of 296
442442 Financial Investigations whose duties include the investigation 297
443443 of fraud, theft, other related criminal activities, or state 298
444444 regulatory requirement violations; the names, home addresses, 299
445445 telephone numbers, dates of birth, and places of employment of 300
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454454 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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458458 the spouses and children of such personnel; and the names and 301
459459 locations of schools and day care facilities attended by the 302
460460 children of such personn el are exempt from s. 119.07(1) and s. 303
461461 24(a), Art. I of the State Constitution. 304
462462 d. The home addresses, telephone numbers, dates of birth, 305
463463 and photographs of current or former firefighters certified in 306
464464 compliance with s. 633.408; the names, home addresses, telephone 307
465465 numbers, photographs, dates of birth, and places of employment 308
466466 of the spouses and children of such firefighters; and the names 309
467467 and locations of schools and day care facilities attended by the 310
468468 children of such firefighters are exempt fr om s. 119.07(1) and 311
469469 s. 24(a), Art. I of the State Constitution. 312
470470 e. The home addresses, dates of birth, and telephone 313
471471 numbers of current or former justices of the Supreme Court, 314
472472 district court of appeal judges, circuit court judges, and 315
473473 county court judges, and of current judicial assistants; the 316
474474 names, home addresses, telephone numbers, dates of birth, and 317
475475 places of employment of the spouses and children of current or 318
476476 former justices and judges and of current judicial assistants; 319
477477 and the names and locatio ns of schools and day care facilities 320
478478 attended by the children of current or former justices and 321
479479 judges and of current judicial assistants are exempt from s. 322
480480 119.07(1) and s. 24(a), Art. I of the State Constitution. This 323
481481 sub-subparagraph is subject to the Open Government Sunset Review 324
482482 Act in accordance with s. 119.15 and shall stand repealed on 325
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491491 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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495495 October 2, 2028, unless reviewed and saved from repeal through 326
496496 reenactment by the Legislature. 327
497497 f. The home addresses, telephone numbers, dates of birth, 328
498498 and photographs of current or former state attorneys, assistant 329
499499 state attorneys, statewide prosecutors, or assistant statewide 330
500500 prosecutors; the names, home addresses, telephone numbers, 331
501501 photographs, dates of birth, and places of employment of the 332
502502 spouses and children of current or former state attorneys, 333
503503 assistant state attorneys, statewide prosecutors, or assistant 334
504504 statewide prosecutors; and the names and locations of schools 335
505505 and day care facilities attended by the children of current or 336
506506 former state attorneys, assi stant state attorneys, statewide 337
507507 prosecutors, or assistant statewide prosecutors are exempt from 338
508508 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 339
509509 g. The home addresses, dates of birth, and telephone 340
510510 numbers of general magistrates, special mag istrates, judges of 341
511511 compensation claims, administrative law judges of the Division 342
512512 of Administrative Hearings, and child support enforcement 343
513513 hearing officers; the names, home addresses, telephone numbers, 344
514514 dates of birth, and places of employment of the spo uses and 345
515515 children of general magistrates, special magistrates, judges of 346
516516 compensation claims, administrative law judges of the Division 347
517517 of Administrative Hearings, and child support enforcement 348
518518 hearing officers; and the names and locations of schools and d ay 349
519519 care facilities attended by the children of general magistrates, 350
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528528 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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532532 special magistrates, judges of compensation claims, 351
533533 administrative law judges of the Division of Administrative 352
534534 Hearings, and child support enforcement hearing officers are 353
535535 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 354
536536 Constitution. 355
537537 h. The home addresses, telephone numbers, dates of birth, 356
538538 and photographs of current or former human resource, labor 357
539539 relations, or employee relations directors, assistant directors, 358
540540 managers, or assistant managers of any local government agency 359
541541 or water management district whose duties include hiring and 360
542542 firing employees, labor contract negotiation, administration, or 361
543543 other personnel-related duties; the names, home addresses, 362
544544 telephone numbers, dat es of birth, and places of employment of 363
545545 the spouses and children of such personnel; and the names and 364
546546 locations of schools and day care facilities attended by the 365
547547 children of such personnel are exempt from s. 119.07(1) and s. 366
548548 24(a), Art. I of the State Co nstitution. 367
549549 i. The home addresses, telephone numbers, dates of birth, 368
550550 and photographs of current or former code enforcement officers; 369
551551 the names, home addresses, telephone numbers, dates of birth, 370
552552 and places of employment of the spouses and children of su ch 371
553553 personnel; and the names and locations of schools and day care 372
554554 facilities attended by the children of such personnel are exempt 373
555555 from s. 119.07(1) and s. 24(a), Art. I of the State 374
556556 Constitution. 375
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565565 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
566566
567567
568568
569569 j. The home addresses, telephone numbers, places of 376
570570 employment, dates of birth, and photographs of current or former 377
571571 guardians ad litem, as defined in s. 39.820; the names, home 378
572572 addresses, telephone numbers, dates of birth, and places of 379
573573 employment of the spouses and children of such persons; and the 380
574574 names and locations of schools and day care facilities attended 381
575575 by the children of such persons are exempt from s. 119.07(1) and 382
576576 s. 24(a), Art. I of the State Constitution. 383
577577 k. The home addresses, telephone numbers, dates of birth, 384
578578 and photographs of current or form er juvenile probation 385
579579 officers, juvenile probation supervisors, detention 386
580580 superintendents, assistant detention superintendents, juvenile 387
581581 justice detention officers I and II, juvenile justice detention 388
582582 officer supervisors, juvenile justice residential offic ers, 389
583583 juvenile justice residential officer supervisors I and II, 390
584584 juvenile justice counselors, juvenile justice counselor 391
585585 supervisors, human services counselor administrators, senior 392
586586 human services counselor administrators, rehabilitation 393
587587 therapists, and social services counselors of the Department of 394
588588 Juvenile Justice; the names, home addresses, telephone numbers, 395
589589 dates of birth, and places of employment of spouses and children 396
590590 of such personnel; and the names and locations of schools and 397
591591 day care facilities attended by the children of such personnel 398
592592 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 399
593593 Constitution. 400
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602602 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
603603
604604
605605
606606 l. The home addresses, telephone numbers, dates of birth, 401
607607 and photographs of current or former public defenders, assistant 402
608608 public defenders, criminal conflict and civil regional counsel, 403
609609 and assistant criminal conflict and civil regional counsel; the 404
610610 names, home addresses, telephone numbers, dates of birth, and 405
611611 places of employment of the spouses and children of current or 406
612612 former public defenders, assistant public defenders, criminal 407
613613 conflict and civil regional counsel, and assistant criminal 408
614614 conflict and civil regional counsel; and the names and locations 409
615615 of schools and day care facilities attended by the children of 410
616616 current or former pu blic defenders, assistant public defenders, 411
617617 criminal conflict and civil regional counsel, and assistant 412
618618 criminal conflict and civil regional counsel are exempt from s. 413
619619 119.07(1) and s. 24(a), Art. I of the State Constitution. 414
620620 m. The home addresses, telep hone numbers, dates of birth, 415
621621 and photographs of current or former investigators or inspectors 416
622622 of the Department of Business and Professional Regulation; the 417
623623 names, home addresses, telephone numbers, dates of birth, and 418
624624 places of employment of the spouses and children of such current 419
625625 or former investigators and inspectors; and the names and 420
626626 locations of schools and day care facilities attended by the 421
627627 children of such current or former investigators and inspectors 422
628628 are exempt from s. 119.07(1) and s. 24(a), A rt. I of the State 423
629629 Constitution. 424
630630 n. The home addresses, telephone numbers, and dates of 425
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639639 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
640640
641641
642642
643643 birth of county tax collectors; the names, home addresses, 426
644644 telephone numbers, dates of birth, and places of employment of 427
645645 the spouses and children of such tax collect ors; and the names 428
646646 and locations of schools and day care facilities attended by the 429
647647 children of such tax collectors are exempt from s. 119.07(1) and 430
648648 s. 24(a), Art. I of the State Constitution. 431
649649 o. The home addresses, telephone numbers, dates of birth, 432
650650 and photographs of current or former personnel of the Department 433
651651 of Health whose duties include, or result in, the determination 434
652652 or adjudication of eligibility for social security disability 435
653653 benefits, the investigation or prosecution of complaints filed 436
654654 against health care practitioners, or the inspection of health 437
655655 care practitioners or health care facilities licensed by the 438
656656 Department of Health; the names, home addresses, telephone 439
657657 numbers, dates of birth, and places of employment of the spouses 440
658658 and children of such personnel; and the names and locations of 441
659659 schools and day care facilities attended by the children of such 442
660660 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 443
661661 the State Constitution. 444
662662 p. The home addresses, telephone numbers, dates of b irth, 445
663663 and photographs of current or former impaired practitioner 446
664664 consultants who are retained by an agency or current or former 447
665665 employees of an impaired practitioner consultant whose duties 448
666666 result in a determination of a person's skill and safety to 449
667667 practice a licensed profession; the names, home addresses, 450
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676676 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
677677
678678
679679
680680 telephone numbers, dates of birth, and places of employment of 451
681681 the spouses and children of such consultants or their employees; 452
682682 and the names and locations of schools and day care facilities 453
683683 attended by the children of such consultants or employees are 454
684684 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 455
685685 Constitution. 456
686686 q. The home addresses, telephone numbers, dates of birth, 457
687687 and photographs of current or former emergency medical 458
688688 technicians or paramedics certified under chapter 401; the 459
689689 names, home addresses, telephone numbers, dates of birth, and 460
690690 places of employment of the spouses and children of such 461
691691 emergency medical technicians or paramedics; and the names and 462
692692 locations of schools and day care facilities attended by the 463
693693 children of such emergency medical technicians or paramedics are 464
694694 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 465
695695 Constitution. 466
696696 r. The home addresses, telephone numbers, dates of birth, 467
697697 and photographs of current or former personnel employed in an 468
698698 agency's office of inspector general or internal audit 469
699699 department whose duties include auditing or investigating waste, 470
700700 fraud, abuse, theft, exploitation, or other activities that 471
701701 could lead to criminal prosecution or admini strative discipline; 472
702702 the names, home addresses, telephone numbers, dates of birth, 473
703703 and places of employment of spouses and children of such 474
704704 personnel; and the names and locations of schools and day care 475
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713713 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
714714
715715
716716
717717 facilities attended by the children of such personnel are exempt 476
718718 from s. 119.07(1) and s. 24(a), Art. I of the State 477
719719 Constitution. 478
720720 s. The home addresses, telephone numbers, dates of birth, 479
721721 and photographs of current or former directors, managers, 480
722722 supervisors, nurses, and clinical employees of an addiction 481
723723 treatment facility; the home addresses, telephone numbers, 482
724724 photographs, dates of birth, and places of employment of the 483
725725 spouses and children of such personnel; and the names and 484
726726 locations of schools and day care facilities attended by the 485
727727 children of such personnel are exempt from s. 119.07(1) and s. 486
728728 24(a), Art. I of the State Constitution. For purposes of this 487
729729 sub-subparagraph, the term "addiction treatment facility" means 488
730730 a county government, or agency thereof, that is licensed 489
731731 pursuant to s. 397.401 and provides substance abuse prevention, 490
732732 intervention, or clinical treatment, including any licensed 491
733733 service component described in s. 397.311(27) s. 397.311(26). 492
734734 t. The home addresses, telephone numbers, dates of birth, 493
735735 and photographs of current or former directors, managers, 494
736736 supervisors, and clinical employees of a child advocacy center 495
737737 that meets the standards of s. 39.3035(2) and fulfills the 496
738738 screening requirement of s. 39.3035(3), and the members of a 497
739739 Child Protection Team as described in s. 39.303 whos e duties 498
740740 include supporting the investigation of child abuse or sexual 499
741741 abuse, child abandonment, child neglect, and child exploitation 500
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750750 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
751751
752752
753753
754754 or to provide services as part of a multidisciplinary case 501
755755 review team; the names, home addresses, telephone numbers, 502
756756 photographs, dates of birth, and places of employment of the 503
757757 spouses and children of such personnel and members; and the 504
758758 names and locations of schools and day care facilities attended 505
759759 by the children of such personnel and members are exempt from s. 506
760760 119.07(1) and s. 24(a), Art. I of the State Constitution. 507
761761 u. The home addresses, telephone numbers, places of 508
762762 employment, dates of birth, and photographs of current or former 509
763763 staff and domestic violence advocates, as defined in s. 510
764764 90.5036(1)(b), of domestic viole nce centers certified by the 511
765765 Department of Children and Families under chapter 39; the names, 512
766766 home addresses, telephone numbers, places of employment, dates 513
767767 of birth, and photographs of the spouses and children of such 514
768768 personnel; and the names and location s of schools and day care 515
769769 facilities attended by the children of such personnel are exempt 516
770770 from s. 119.07(1) and s. 24(a), Art. I of the State 517
771771 Constitution. 518
772772 v. The home addresses, telephone numbers, dates of birth, 519
773773 and photographs of current or former in spectors or investigators 520
774774 of the Department of Agriculture and Consumer Services; the 521
775775 names, home addresses, telephone numbers, dates of birth, and 522
776776 places of employment of the spouses and children of current or 523
777777 former inspectors or investigators; and the n ames and locations 524
778778 of schools and day care facilities attended by the children of 525
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787787 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
788788
789789
790790
791791 current or former inspectors or investigators are exempt from s. 526
792792 119.07(1) and s. 24(a), Art. I of the State Constitution. This 527
793793 sub-subparagraph is subject to the Open Govern ment Sunset Review 528
794794 Act in accordance with s. 119.15 and shall stand repealed on 529
795795 October 2, 2028, unless reviewed and saved from repeal through 530
796796 reenactment by the Legislature. 531
797797 3. An agency that is the custodian of the information 532
798798 specified in subparagraph 2. and that is not the employer of the 533
799799 officer, employee, justice, judge, or other person specified in 534
800800 subparagraph 2. must maintain the exempt status of that 535
801801 information only if the officer, employee, justice, judge, other 536
802802 person, or employing agency of the designated employee submits a 537
803803 written and notarized request for maintenance of the exemption 538
804804 to the custodial agency. The request must state under oath the 539
805805 statutory basis for the individual's exemption request and 540
806806 confirm the individual's status as a party eligible for exempt 541
807807 status. 542
808808 4.a. A county property appraiser, as defined in s. 543
809809 192.001(3), or a county tax collector, as defined in s. 544
810810 192.001(4), who receives a written and notarized request for 545
811811 maintenance of the exemption pursuant to subparagrap h 3. must 546
812812 comply by removing the name of the individual with exempt status 547
813813 and the instrument number or Official Records book and page 548
814814 number identifying the property with the exempt status from all 549
815815 publicly available records maintained by the property app raiser 550
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824824 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
825825
826826
827827
828828 or tax collector. For written requests received on or before 551
829829 July 1, 2021, a county property appraiser or county tax 552
830830 collector must comply with this sub -subparagraph by October 1, 553
831831 2021. A county property appraiser or county tax collector may 554
832832 not remove the street address, legal description, or other 555
833833 information identifying real property within the agency's 556
834834 records so long as a name or personal information otherwise 557
835835 exempt from inspection and copying pursuant to this section is 558
836836 not associated with the property or otherwise displayed in the 559
837837 public records of the agency. 560
838838 b. Any information restricted from public display, 561
839839 inspection, or copying under sub -subparagraph a. must be 562
840840 provided to the individual whose information was removed. 563
841841 5. An officer, an employee, a justice, a judge, or other 564
842842 person specified in subparagraph 2. may submit a written request 565
843843 for the release of his or her exempt information to the 566
844844 custodial agency. The written request must be notarized and must 567
845845 specify the information to be released and the party authorized 568
846846 to receive the information. Upon receipt of the written request, 569
847847 the custodial agency must release the specified information to 570
848848 the party authorized to receive such information. 571
849849 6. The exemptions in this paragraph apply to information 572
850850 held by an agency before, on, or after the effective date of the 573
851851 exemption. 574
852852 7. Information made exempt under this paragraph may be 575
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861861 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
862862
863863
864864
865865 disclosed pursuant to s. 28.2221 to a title insurer authorized 576
866866 pursuant to s. 624.401 and its affiliates as defined in s. 577
867867 624.10; a title insurance agent or title insurance agency as 578
868868 defined in s. 626.841(1) or (2), respectively; or an attorney 579
869869 duly admitted to practice law in this state and in good standing 580
870870 with The Florida Bar. 581
871871 8. The exempt status of a hom e address contained in the 582
872872 Official Records is maintained only during the period when a 583
873873 protected party resides at the dwelling location. Upon 584
874874 conveyance of real property after October 1, 2021, and when such 585
875875 real property no longer constitutes a protected party's home 586
876876 address as defined in sub -subparagraph 1.a., the protected party 587
877877 must submit a written request to release the removed information 588
878878 to the county recorder. The written request to release the 589
879879 removed information must be notarized, must confirm th at a 590
880880 protected party's request for release is pursuant to a 591
881881 conveyance of his or her dwelling location, and must specify the 592
882882 Official Records book and page, instrument number, or clerk's 593
883883 file number for each document containing the information to be 594
884884 released. 595
885885 9. Upon the death of a protected party as verified by a 596
886886 certified copy of a death certificate or court order, any party 597
887887 can request the county recorder to release a protected 598
888888 decedent's removed information unless there is a related request 599
889889 on file with the county recorder for continued removal of the 600
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898898 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
899899
900900
901901
902902 decedent's information or unless such removal is otherwise 601
903903 prohibited by statute or by court order. The written request to 602
904904 release the removed information upon the death of a protected 603
905905 party must attach the certified copy of a death certificate or 604
906906 court order and must be notarized, must confirm the request for 605
907907 release is due to the death of a protected party, and must 606
908908 specify the Official Records book and page number, instrument 607
909909 number, or clerk's file num ber for each document containing the 608
910910 information to be released. A fee may not be charged for the 609
911911 release of any document pursuant to such request. 610
912912 10. Except as otherwise expressly provided in this 611
913913 paragraph, this paragraph is subject to the Open Govern ment 612
914914 Sunset Review Act in accordance with s. 119.15 and shall stand 613
915915 repealed on October 2, 2024, unless reviewed and saved from 614
916916 repeal through reenactment by the Legislature. 615
917917 Section 6. Paragraph (a) of subsection (4) of section 616
918918 381.0038, Florida Statu tes, is amended to read: 617
919919 381.0038 Education; sterile needle and syringe exchange 618
920920 programs.—The Department of Health shall establish a program to 619
921921 educate the public about the threat of acquired immune 620
922922 deficiency syndrome. 621
923923 (4) A county commission may authorize a sterile needle and 622
924924 syringe exchange program to operate within its county 623
925925 boundaries. The program may operate at one or more fixed 624
926926 locations or through mobile health units. The program shall 625
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935935 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
936936
937937
938938
939939 offer the free exchange o f clean, unused needles and hypodermic 626
940940 syringes for used needles and hypodermic syringes as a means to 627
941941 prevent the transmission of HIV, AIDS, viral hepatitis, or other 628
942942 blood-borne diseases among intravenous drug users and their 629
943943 sexual partners and offsprin g. Prevention of disease 630
944944 transmission must be the goal of the program. For the purposes 631
945945 of this subsection, the term "exchange program" means a sterile 632
946946 needle and syringe exchange program established by a county 633
947947 commission under this subsection. A sterile needle and syringe 634
948948 exchange program may not operate unless it is authorized and 635
949949 approved by a county commission in accordance with this 636
950950 subsection. 637
951951 (a) Before an exchange program may be established, a 638
952952 county commission must: 639
953953 1. Authorize the program un der the provisions of a county 640
954954 ordinance; 641
955955 2. Enter into a letter of agreement with the department in 642
956956 which the county commission agrees that any exchange program 643
957957 authorized by the county commission will operate in accordance 644
958958 with this subsection; 645
959959 3. Enlist the local county health department to provide 646
960960 ongoing advice, consultation, and recommendations for the 647
961961 operation of the program; 648
962962 4. Contract with one of the following entities to operate 649
963963 the program: 650
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972972 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
973973
974974
975975
976976 a. A hospital licensed under chapter 395. 651
977977 b. A health care clinic licensed under part X of chapter 652
978978 400. 653
979979 c. A medical school in this state accredited by the 654
980980 Liaison Committee on Medical Education or the Commission on 655
981981 Osteopathic College Accreditation. 656
982982 d. A licensed addictions receiving facility a s defined in 657
983983 s. 397.311(27)(a)1. s. 397.311(26)(a)1. 658
984984 e. A s. 501(c)(3) HIV/AIDS service organization. 659
985985 Section 7. Paragraph (e) of subsection (2) of section 660
986986 394.4573, Florida Statutes, is amended to read: 661
987987 394.4573 Coordinated system of care; annual assessment; 662
988988 essential elements; measures of performance; system improvement 663
989989 grants; reports.—On or before December 1 of each year, the 664
990990 department shall submit to the Governor, the President of the 665
991991 Senate, and the Speaker of the House of Representatives an 666
992992 assessment of the behavioral health services in this state. The 667
993993 assessment shall consider, at a minimum, the extent to which 668
994994 designated receiving systems function as no -wrong-door models, 669
995995 the availability of treatment and recovery services that use 670
996996 recovery-oriented and peer-involved approaches, the availability 671
997997 of less-restrictive services, and the use of evidence -informed 672
998998 practices. The assessment shall also consider the availability 673
999999 of and access to coordinated specialty care programs and 674
10001000 identify any gaps in the availability of and access to such 675
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10091009 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
10101010
10111011
10121012
10131013 programs in the state. The department's assessment shall 676
10141014 consider, at a minimum, the needs assessments conducted by the 677
10151015 managing entities pursuant to s. 394.9082(5). The department 678
10161016 shall compile and include in t he report all plans submitted by 679
10171017 managing entities pursuant to s. 394.9082(8) and the 680
10181018 department's evaluation of each plan. 681
10191019 (2) The essential elements of a coordinated system of care 682
10201020 include: 683
10211021 (e) Case management. Each case manager or person directly 684
10221022 supervising a case manager who provides Medicaid -funded targeted 685
10231023 case management services shall hold a valid certification from a 686
10241024 department-approved credentialing entity as defined in s. 687
10251025 397.311(11) s. 397.311(10) by July 1, 2017, and, thereafter, 688
10261026 within 6 months after hire. 689
10271027 Section 8. Subsection (6) of section 394.9085, Florida 690
10281028 Statutes, is amended to read: 691
10291029 394.9085 Behavioral provider liability. — 692
10301030 (6) For purposes of this section, the terms 693
10311031 "detoxification services," "addictions receiving facility," and 694
10321032 "receiving facility" have the same meanings as those provided in 695
10331033 ss. 397.311(27)(a)4., 397.311(27)(a)1. ss. 397.311(26)(a)3., 696
10341034 397.311(26)(a)1., and 394.455(40), respectively. 697
10351035 Section 9. Subsection (8) of section 397.4012, Florida 698
10361036 Statutes, is amended to read: 699
10371037 397.4012 Exemptions from licensure. —The following are 700
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10461046 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
10471047
10481048
10491049
10501050 exempt from the licensing provisions of this chapter: 701
10511051 (8) A legally cognizable church or nonprofit religious 702
10521052 organization or denomination providing substance abuse services, 703
10531053 including prevention services, which are solely religious, 704
10541054 spiritual, or ecclesiastical in nature. A church or nonprofit 705
10551055 religious organization or denomination providing any of the 706
10561056 licensed service components itemized under s. 397.311(27) s. 707
10571057 397.311(26) is not exempt from substance abuse licensure but 708
10581058 retains its exemption with respect to all services which are 709
10591059 solely religious, spiritual, or ecclesiastical in nature. 710
10601060 711
10611061 The exemptions from licensure in subsections (3), (4), (8), (9), 712
10621062 and (10) do not apply to any servic e provider that receives an 713
10631063 appropriation, grant, or contract from the state to operate as a 714
10641064 service provider as defined in this chapter or to any substance 715
10651065 abuse program regulated under s. 397.4014. Furthermore, this 716
10661066 chapter may not be construed to limit the practice of a 717
10671067 physician or physician assistant licensed under chapter 458 or 718
10681068 chapter 459, a psychologist licensed under chapter 490, a 719
10691069 psychotherapist licensed under chapter 491, or an advanced 720
10701070 practice registered nurse licensed under part I of chapter 464, 721
10711071 who provides substance abuse treatment, so long as the 722
10721072 physician, physician assistant, psychologist, psychotherapist, 723
10731073 or advanced practice registered nurse does not represent to the 724
10741074 public that he or she is a licensed service provider and does 725
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10831083 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
10841084
10851085
10861086
10871087 not provide services to individuals under part V of this 726
10881088 chapter. Failure to comply with any requirement necessary to 727
10891089 maintain an exempt status under this section is a misdemeanor of 728
10901090 the first degree, punishable as provided in s. 775.082 or s. 729
10911091 775.083. 730
10921092 Section 10. Subsections (1) and (6) of section 397.407, 731
10931093 Florida Statutes, are amended to read: 732
10941094 397.407 Licensure process; fees. — 733
10951095 (1) The department shall establish the licensure process 734
10961096 to include fees and categories of licenses and must prescribe a 735
10971097 fee range that is based, at least in part, on the number and 736
10981098 complexity of programs listed in s. 397.311(27) s. 397.311(26) 737
10991099 which are operated by a licensee. The fees from the licensure of 738
11001100 service components are sufficient to cover the costs of 739
11011101 regulating the service components. The department shall specify 740
11021102 a fee range for public and privately funded licensed service 741
11031103 providers. Fees for privately funded licensed service providers 742
11041104 must exceed the fees for publicly funded licensed service 743
11051105 providers. 744
11061106 (6) The department may issue probationary, regular, and 745
11071107 interim licenses. The department shall issue one license for 746
11081108 each service component that is operated by a service provider 747
11091109 and defined pursuant to s. 397.311(27) s. 397.311(26). The 748
11101110 license is valid only for the sp ecific service components listed 749
11111111 for each specific location identified on the license. The 750
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11201120 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
11211121
11221122
11231123
11241124 licensed service provider shall apply for a new license at least 751
11251125 60 days before the addition of any service components or 30 days 752
11261126 before the relocation of any of its service sites. Provision of 753
11271127 service components or delivery of services at a location not 754
11281128 identified on the license may be considered an unlicensed 755
11291129 operation that authorizes the department to seek an injunction 756
11301130 against operation as provided in s. 397.401, in addition to 757
11311131 other sanctions authorized by s. 397.415. Probationary and 758
11321132 regular licenses may be issued only after all required 759
11331133 information has been submitted. A license may not be 760
11341134 transferred. As used in this subsection, the term "transfer" 761
11351135 includes, but is not limited to, the transfer of a majority of 762
11361136 the ownership interest in the licensed entity or transfer of 763
11371137 responsibilities under the license to another entity by 764
11381138 contractual arrangement. 765
11391139 Section 11. Subsection (1) of section 397.410, Florida 766
11401140 Statutes, is amended to read: 767
11411141 397.410 Licensure requirements; minimum standards; rules. — 768
11421142 (1) The department shall establish minimum requirements 769
11431143 for licensure of each service component, as defined in s. 770
11441144 397.311(27) s. 397.311(26), including, but not limited to: 771
11451145 (a) Standards and procedures for the administrative 772
11461146 management of the licensed service component, including 773
11471147 procedures for recordkeeping, referrals, and financial 774
11481148 management. 775
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11571157 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
11581158
11591159
11601160
11611161 (b) Standards consistent with clinical and treatment best 776
11621162 practices that ensure the provision of quality treatment for 777
11631163 individuals receiving substance abuse treatment services. 778
11641164 (c) The number and qualifications of all personnel, 779
11651165 including, but not limited to, management, nursing, and 780
11661166 qualified professionals, having re sponsibility for any part of 781
11671167 an individual's clinical treatment. These requirements must 782
11681168 include, but are not limited to: 783
11691169 1. Education; credentials, such as licensure or 784
11701170 certification, if appropriate; training; and supervision of 785
11711171 personnel providing dire ct clinical treatment. 786
11721172 2. Minimum staffing ratios to provide adequate safety, 787
11731173 care, and treatment. 788
11741174 3. Hours of staff coverage. 789
11751175 4. The maximum number of individuals who may receive 790
11761176 clinical services together in a group setting. 791
11771177 5. The maximum number of licensed service providers for 792
11781178 which a physician may serve as medical director and the total 793
11791179 number of individuals he or she may treat in that capacity. 794
11801180 (d) Service provider facility standards, including, but 795
11811181 not limited to: 796
11821182 1. Safety and adequacy of the facility and grounds. 797
11831183 2. Space, furnishings, and equipment for each individual 798
11841184 served. 799
11851185 3. Infection control, housekeeping, sanitation, and 800
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11941194 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
11951195
11961196
11971197
11981198 facility maintenance. 801
11991199 4. Meals and snacks. 802
12001200 (e) Disaster planning policies and procedures. 803
12011201 (f) A prohibition on the premises against alcohol, 804
12021202 marijuana, illegal drugs, and the use of prescribed medications 805
12031203 by an individual other than the individual for whom the 806
12041204 medication is prescribed. For the purposes of this paragraph, 807
12051205 "marijuana" includes marijuana th at has been certified by a 808
12061206 qualified physician for medical use in accordance with s. 809
12071207 381.986. 810
12081208 Section 12. Section 397.416, Florida Statutes, is amended 811
12091209 to read: 812
12101210 397.416 Substance abuse treatment services; qualified 813
12111211 professional.—Notwithstanding any o ther provision of law, a 814
12121212 person who was certified through a certification process 815
12131213 recognized by the former Department of Health and Rehabilitative 816
12141214 Services before January 1, 1995, may perform the duties of a 817
12151215 qualified professional with respect to substance abuse treatment 818
12161216 services as defined in this chapter, and need not meet the 819
12171217 certification requirements contained in s. 397.311(36) s. 820
12181218 397.311(35). 821
12191219 Section 13. Paragraph (h) of subsection (1) of section 822
12201220 893.13, Florida Statutes, is amended to read: 823
12211221 893.13 Prohibited acts; penalties. — 824
12221222 (1) 825
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12311231 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
12321232
12331233
12341234
12351235 (h) Except as authorized by this chapter, a person may not 826
12361236 sell, manufacture, or deliver, or possess with intent to sell, 827
12371237 manufacture, or deliver, a controlled substance in, on, or 828
12381238 within 1,000 feet of the real prop erty comprising a mental 829
12391239 health facility, as that term is used in chapter 394; a health 830
12401240 care facility licensed under chapter 395 which provides 831
12411241 substance abuse treatment; a licensed service provider as 832
12421242 defined in s. 397.311; a facility providing services t hat 833
12431243 include clinical treatment, intervention, or prevention as 834
12441244 described in s. 397.311(27) s. 397.311(26); a recovery residence 835
12451245 as defined in s. 397.311; an assisted living facility as defined 836
12461246 in chapter 429; or a pain management clinic as defined in s. 837
12471247 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who 838
12481248 violates this paragraph with respect to: 839
12491249 1. A controlled substance named or described in s. 840
12501250 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 841
12511251 commits a felony of the first degree, punishable as provided in 842
12521252 s. 775.082, s. 775.083, or s. 775.084. 843
12531253 2. A controlled substance named or described in s. 844
12541254 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 845
12551255 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 846
12561256 the second degree, pun ishable as provided in s. 775.082, s. 847
12571257 775.083, or s. 775.084. 848
12581258 3. Any other controlled substance, except as lawfully 849
12591259 sold, manufactured, or delivered, must be sentenced to pay a 850
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12681268 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
12691269
12701270
12711271
12721272 $500 fine and to serve 100 hours of public service in addition 851
12731273 to any other penalty prescribed by law. 852
12741274 Section 14. This act shall take effect July 1, 2024. 853