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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
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. 397.407, F.S.; 6
authorizing, rather than requiring, the Department of 7
Children and Families to issue a license for certain 8
service components operated by a service provider; 9
removing the timeframe in which a licensed service 10
provider must apply for additional services; requiring 11
the service provider to obtain approval before 12
relocating to a different service site; removing a 13
requirement that a separate license is required for 14
each service component maintained by a service 15
provider; amending s. 397.487, F.S.; extending the 16
deadline for certified recovery residences to retain a 17
replacement for a certified recovery residence 18
administrator who has been removed from his or her 19
position; requiring certified recovery residences to 20
remove certain individuals from their positions under 21
certain circumstances; requiring the certified 22
recovery residence to retain a certified recovery 23
residence administrator if the previous certified 24
recovery residence administrator has been removed for 25
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any reason; prohibiting certified recovery residences, 26
on or after a specified date, from denying an 27
individual access to housing under specified 28
circumstances; prohibiting local ordinances or 29
regulations from further regulating after a specified 30
date the duration or frequency of a resident's stay in 31
a certified recovery residence located within a 32
certain zoning districts; providing applicability; 33
amending s. 397.4871, F.S.; authorizing certain Level 34
IV certified recovery residences owned or controlled 35
by certain licensed service providers and managed by a 36
certified recovery residence administrator to manage a 37
specified greater number of residents under certain 38
circumstances; prohibiting a certified recovery 39
residence administrator who has been removed by a 40
certified recovery residence from taking on certain 41
other management positions without approval from a 42
credentialing entity; amending ss. 119.071, 381.0038, 43
394.4573, 394.9085, 397.4012, 397.407, 397.410, 44
397.416, and 893.13, F.S.; conforming provisions to 45
changes made by the act; providing an effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Subsections (9) through (50) of section 50
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397.311, Florida Statutes, are renumb ered as subsections (10) 51
through (51), respectively, subsection (5) and present 52
subsection (43) are amended, and a new subsection (9) is added 53
to that section, to read: 54
397.311 Definitions. —As used in this chapter, except part 55
VIII, the term: 56
(5) "Certified recovery residence" means a recovery 57
residence that holds a valid certificate of compliance and is 58
actively managed by a certified recovery residence 59
administrator. 60
(a) A Level I certified recovery residence houses 61
individuals in recovery who have completed treatment, with a 62
minimum of 9 months of sobriety. A Level I certified recovery 63
residence is democratically run by the members who reside in the 64
home. 65
(b) A Level II certified recovery residence encompasses 66
the traditional perspectives of sober living homes. There is 67
oversight from a house manager who has experience with living in 68
recovery. Residents are expected to follow rules outlined in a 69
resident handbook provided by the certified recovery residence 70
administrator. Residents must pay dues, i f applicable, and work 71
toward achieving realistic and defined milestones within a 72
chosen recovery path. 73
(c) A Level III certified recovery residence offers higher 74
supervision by staff with formal training to ensure resident 75
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accountability. Such residence s are staffed 24 hours a day, 7 76
days a week, and offer residents peer -support services, which 77
may include, but are not limited to, life skill mentoring, 78
recovery planning, and meal preparation. Clinical services may 79
not be performed at the residence. Such residences are most 80
appropriate for persons who require a more structured 81
environment during early recovery from addiction. 82
(d) A Level IV certified recovery residence is a residence 83
offered, referred to, or provided by, a licensed service 84
provider to its patients who are required to reside at the 85
residence while receiving intensive outpatient and higher levels 86
of outpatient care. Such residences are staffed 24 hours a day 87
and combine outpatient licensable services with recovery 88
residential living. Reside nts are required to follow a treatment 89
plan and attend group and individual sessions, in addition to 90
developing a recovery plan within the social model of living in 91
a sober lifestyle. No clinical services are provided at the 92
residence and all licensable se rvices are provided off -site. 93
(9) "Community housing" means a certified recovery 94
residence offered, referred to, or provided by a licensed 95
service provider that provides housing to its patients who are 96
required to reside at the residence while receiving intensive 97
outpatient and higher levels of outpatient care. A certified 98
recovery residence used by a licensed service provider that 99
meets the definition of community housing shall be classified as 100
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a Level IV level of support, as described in subsection (5). 101
(44)(43) "Service component" or "component" means a 102
discrete operational entity within a service provider which is 103
subject to licensing as defined by rule. Service components 104
include prevention, intervention, and clinical treatment 105
described in subsecti on (27) (26). 106
Section 2. Subsection (11) of section 397.407, Florida 107
Statutes, is renumbered as subsection (10) and subsection (6) 108
and present subsection (10) of that section are amended to read: 109
397.407 Licensure process; fees. — 110
(6) The department may issue probationary, regular, and 111
interim licenses. The department may shall issue one license for 112
all each service components component that is operated by a 113
service provider and defined pursuant to s. 397.311(26). The 114
license is valid only for the sp ecific service components listed 115
for each specific location identified on the license. The 116
licensed service provider shall apply for a new license at least 117
60 days before the addition of any service components and obtain 118
approval before initiating addition al services. The licensed 119
service provider must notify the department and provide any 120
required documentation at least or 30 days before the relocation 121
of any of its service sites. Provision of service components or 122
delivery of services at a location not id entified on the license 123
may be considered an unlicensed operation that authorizes the 124
department to seek an injunction against operation as provided 125
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in s. 397.401, in addition to other sanctions authorized by s. 126
397.415. Probationary and regular licenses m ay be issued only 127
after all required information has been submitted. A license may 128
not be transferred. As used in this subsection, the term 129
"transfer" includes, but is not limited to, the transfer of a 130
majority of the ownership interest in the licensed ent ity or 131
transfer of responsibilities under the license to another entity 132
by contractual arrangement. 133
(10) A separate license is required for each service 134
component maintained by the service provider. 135
Section 3. Subsection (8) of section 397.487, Florida 136
Statutes, is amended and subsections (13) and (14) are added to 137
that section, to read: 138
397.487 Voluntary certification of recovery residences. — 139
(8) Onsite followup monitoring of a certified recover y 140
residence may be conducted by the credentialing entity to 141
determine continuing compliance with certification requirements. 142
The credentialing entity shall inspect each certified recovery 143
residence at least annually to ensure compliance. 144
(a) A credentialing entity may suspend or revoke a 145
certification if the recovery residence is not in compliance 146
with any provision of this section or has failed to remedy any 147
deficiency identified by the credentialing entity within the 148
time period specified. 149
(b) A certified recovery residence must notify the 150
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credentialing entity within 3 business days after the removal of 151
the recovery residence's certified recovery residence 152
administrator due to termination, resignation, or any other 153
reason. The certified recovery residence has 90 30 days to 154
retain a certified recovery residence administrator. The 155
credentialing entity must shall revoke the certificate of 156
compliance of any certified recovery residence that fails to 157
comply with this paragraph. 158
(c) If a certified recovery residence's administrator has 159
been removed due to termination, resignation, or any other 160
reason and had been previously approved to actively manage more 161
than 50 residents pursuant to s. 397.4871(8)(b), the certified 162
recovery residence has 90 days to retain another certified 163
recovery residence administrator pursuant to s. 397.4871. The 164
credentialing entity must revoke the certificate of compliance 165
of any certified recovery residence that fails to comply with 166
this paragraph. 167
(d)(c) If any owner, director, o r chief financial officer 168
of a certified recovery residence is arrested and awaiting 169
disposition for or found guilty of, or enters a plea of guilty 170
or nolo contendere to, regardless of whether adjudication is 171
withheld, any offense listed in s. 435.04(2) wh ile acting in 172
that capacity, the certified recovery residence must shall 173
immediately remove the person from that position and shall 174
notify the credentialing entity within 3 business days after 175
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such removal. The credentialing entity must shall revoke the 176
certificate of compliance of a certified recovery residence that 177
fails to meet these requirements. 178
(e)(d) A credentialing entity shall revoke a certified 179
recovery residence's certificate of compliance if the certified 180
recovery residence provides false or misleading information to 181
the credentialing entity at any time. 182
(f)(e) Any decision by a department -recognized 183
credentialing entity to deny, revoke, or suspend a 184
certification, or otherwise impose sanctions on a certified 185
recovery residence, is reviewable by the department. Upon 186
receiving an adverse determination, the certified recovery 187
residence may request an administrative hearing pursuant to ss. 188
120.569 and 120.57(1) within 30 days after completing any 189
appeals process offered by the credentialing entity or the 190
department, as applicable. 191
(13) Beginning January 1, 2025, a certified recovery 192
residence may not deny an individual access to housing solely on 193
the basis that he or she has been prescribed federally approve d 194
medication that assists with treatment for substance use 195
disorders by a licensed physician, a physician's assistant, or 196
an advanced practice registered nurse registered under s. 197
464.0123. 198
(14) A local ordinance or regulation may not further 199
regulate the duration or frequency of a resident's stay in a 200
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certified recovery residence located within a multifamily zoning 201
district after June 30, 2024. This provision shall expire July 202
1, 2026. 203
Section 4. Paragraphs (b) and (c) of subsection (6) of 204
section 397.4871, Florida Statutes, are amended and paragraph 205
(c) is added to subsection (8) of that section, to read: 206
397.4871 Recovery residence administrator certification. — 207
(6) The credentialing entity shall issue a certificate of 208
compliance upon approval of a person's application. The 209
certification shall automatically terminate 1 year after 210
issuance if not renewed. 211
(b) If a certified recovery residence administrator of a 212
recovery residence is arrested and awaiting disposition for or 213
found guilty of, or ent ers a plea of guilty or nolo contendere 214
to, regardless of whether adjudication is withheld, any offense 215
listed in s. 435.04(2) while acting in that capacity, the 216
certified recovery residence must shall immediately remove the 217
person from that position and shall notify the credentialing 218
entity within 3 business days after such removal. The certified 219
recovery residence shall have 30 days to retain a certified 220
recovery residence administrator within 90 days after such 221
removal. The credentialing entity must shall revoke the 222
certificate of compliance of any recovery residence that fails 223
to meet these requirements. 224
(c) A credentialing entity must shall revoke a certified 225
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recovery residence administrator's certificate of compliance if 226
the recovery residence admini strator provides false or 227
misleading information to the credentialing entity at any time. 228
(8) 229
(c) Notwithstanding paragraph (b), a Level IV certified 230
recovery residence operating as community housing as defined in 231
s. 397.311(9), which residence is activ ely managed by a 232
certified recovery residence administrator approved for 100 233
residents under this section and is wholly owned or controlled 234
by a licensed service provider, may actively manage up to 150 235
residents so long as the licensed service provider mai ntains a 236
service provider personnel -to-patient ratio of 1 to 8 and 237
maintains onsite supervision at the residence 24 hours a day, 7 238
days a week, with a personnel -to-resident ratio of 1 to 10. A 239
certified recovery residence administrator who has been removed 240
by a certified recovery residence due to termination, 241
resignation, or any other reason may not continue to actively 242
manage more than 50 residents for another service provider or 243
certified recovery residence without being approved by the 244
credentialing entity. 245
Section 5. Paragraph (d) of subsection (4) of section 246
119.071, Florida Statutes, is amended to read: 247
119.071 General exemptions from inspection or copying of 248
public records.— 249
(4) AGENCY PERSONNEL INFORMATION. — 250
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(d)1. For purposes of this parag raph, the term: 251
a. "Home addresses" means the dwelling location at which 252
an individual resides and includes the physical address, mailing 253
address, street address, parcel identification number, plot 254
identification number, legal property description, neigh borhood 255
name and lot number, GPS coordinates, and any other descriptive 256
property information that may reveal the home address. 257
b. "Judicial assistant" means a court employee assigned to 258
the following class codes: 8140, 8150, 8310, and 8320. 259
c. "Telephone numbers" includes home telephone numbers, 260
personal cellular telephone numbers, personal pager telephone 261
numbers, and telephone numbers associated with personal 262
communications devices. 263
2.a. The home addresses, telephone numbers, dates of 264
birth, and photographs of active or former sworn law enforcement 265
personnel or of active or former civilian personnel employed by 266
a law enforcement agency, including correctional and 267
correctional probation officers, personnel of the Department of 268
Children and Families wh ose duties include the investigation of 269
abuse, neglect, exploitation, fraud, theft, or other criminal 270
activities, personnel of the Department of Health whose duties 271
are to support the investigation of child abuse or neglect, and 272
personnel of the Department of Revenue or local governments 273
whose responsibilities include revenue collection and 274
enforcement or child support enforcement; the names, home 275
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addresses, telephone numbers, photographs, dates of birth, and 276
places of employment of the spouses and children of such 277
personnel; and the names and locations of schools and day care 278
facilities attended by the children of such personnel are exempt 279
from s. 119.07(1) and s. 24(a), Art. I of the State 280
Constitution. 281
b. The home addresses, telephone numbers, dates of birth, 282
and photographs of current or former nonsworn investigative 283
personnel of the Department of Financial Services whose duties 284
include the investigation of fraud, theft, workers' compensation 285
coverage requirements and compliance, other related criminal 286
activities, or state regulatory requirement violations; the 287
names, home addresses, telephone numbers, dates of birth, and 288
places of employment of the spouses and children of such 289
personnel; and the names and locations of schools and day care 290
facilities attended by the children of such personnel are exempt 291
from s. 119.07(1) and s. 24(a), Art. I of the State 292
Constitution. 293
c. The home addresses, telephone numbers, dates of birth, 294
and photographs of current or former nonsworn investigative 295
personnel of the Office of Financial Regulation's Bureau of 296
Financial Investigations whose duties include the investigation 297
of fraud, theft, other related criminal activities, or state 298
regulatory requirement violations; the names, home addresses, 299
telephone numbers, dates of birth, and places of employment of 300
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the spouses and children of such personnel; and the names and 301
locations of schools and day care facilities attended by the 302
children of such personnel are exempt from s. 119.07(1) and s. 303
24(a), Art. I of the State Constitu tion. 304
d. The home addresses, telephone numbers, dates of birth, 305
and photographs of current or former firefighters certified in 306
compliance with s. 633.408; the names, home addresses, telephone 307
numbers, photographs, dates of birth, and places of employment 308
of the spouses and children of such firefighters; and the names 309
and locations of schools and day care facilities attended by the 310
children of such firefighters are exempt from s. 119.07(1) and 311
s. 24(a), Art. I of the State Constitution. 312
e. The home addresses, dates of birth, and telephone 313
numbers of current or former justices of the Supreme Court, 314
district court of appeal judges, circuit court judges, and 315
county court judges, and of current jud icial assistants; the 316
names, home addresses, telephone numbers, dates of birth, and 317
places of employment of the spouses and children of current or 318
former justices and judges and of current judicial assistants; 319
and the names and locations of schools and day care facilities 320
attended by the children of current or former justices and 321
judges and of current judicial assistants are exempt from s. 322
119.07(1) and s. 24(a), Art. I of the State Constitution. This 323
sub-subparagraph is subject to the Open Government Sunse t Review 324
Act in accordance with s. 119.15 and shall stand repealed on 325
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October 2, 2028, unless reviewed and saved from repeal through 326
reenactment by the Legislature. 327
f. The home addresses, telephone numbers, dates of birth, 328
and photographs of current or f ormer state attorneys, assistant 329
state attorneys, statewide prosecutors, or assistant statewide 330
prosecutors; the names, home addresses, telephone numbers, 331
photographs, dates of birth, and places of employment of the 332
spouses and children of current or forme r state attorneys, 333
assistant state attorneys, statewide prosecutors, or assistant 334
statewide prosecutors; and the names and locations of schools 335
and day care facilities attended by the children of current or 336
former state attorneys, assistant state attorneys , statewide 337
prosecutors, or assistant statewide prosecutors are exempt from 338
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 339
g. The home addresses, dates of birth, and telephone 340
numbers of general magistrates, special magistrates, judges of 341
compensation claims, administrative law judges of the Division 342
of Administrative Hearings, and child support enforcement 343
hearing officers; the names, home addresses, telephone numbers, 344
dates of birth, and places of employment of the spouses and 345
children of general magistrates, special magistrates, judges of 346
compensation claims, administrative law judges of the Division 347
of Administrative Hearings, and child support enforcement 348
hearing officers; and the names and locations of schools and day 349
care facilities attended by the children of general magistrates, 350
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special magistrates, judges of compensation claims, 351
administrative law judges of the Division of Administrative 352
Hearings, and child support enforcement hearing officers are 353
exempt from s. 119.07(1) and s. 24(a ), Art. I of the State 354
Constitution. 355
h. The home addresses, telephone numbers, dates of birth, 356
and photographs of current or former human resource, labor 357
relations, or employee relations directors, assistant directors, 358
managers, or assistant managers of any local government agency 359
or water management district whose duties include hiring and 360
firing employees, labor contract negotiation, administration, or 361
other personnel-related duties; the names, home addresses, 362
telephone numbers, dates of birth, and plac es of employment of 363
the spouses and children of such personnel; and the names and 364
locations of schools and day care facilities attended by the 365
children of such personnel are exempt from s. 119.07(1) and s. 366
24(a), Art. I of the State Constitution. 367
i. The home addresses, telephone numbers, dates of birth, 368
and photographs of current or former code enforcement officers; 369
the names, home addresses, telephone numbers, dates of birth, 370
and places of employment of the spouses and children of such 371
personnel; and the names and locations of schools and day care 372
facilities attended by the children of such personnel are exempt 373
from s. 119.07(1) and s. 24(a), Art. I of the State 374
Constitution. 375
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j. The home addresses, telephone numbers, places of 376
employment, dates of birth , and photographs of current or former 377
guardians ad litem, as defined in s. 39.820; the names, home 378
addresses, telephone numbers, dates of birth, and places of 379
employment of the spouses and children of such persons; and the 380
names and locations of schools a nd day care facilities attended 381
by the children of such persons are exempt from s. 119.07(1) and 382
s. 24(a), Art. I of the State Constitution. 383
k. The home addresses, telephone numbers, dates of birth, 384
and photographs of current or former juvenile probation 385
officers, juvenile probation supervisors, detention 386
superintendents, assistant detention superintendents, juvenile 387
justice detention officers I and II, juvenile justice detention 388
officer supervisors, juvenile justice residential officers, 389
juvenile justice residential officer supervisors I and II, 390
juvenile justice counselors, juvenile justice counselor 391
supervisors, human services counselor administrators, senior 392
human services counselor administrators, rehabilitation 393
therapists, and social services counselo rs of the Department of 394
Juvenile Justice; the names, home addresses, telephone numbers, 395
dates of birth, and places of employment of spouses and children 396
of such personnel; and the names and locations of schools and 397
day care facilities attended by the child ren of such personnel 398
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 399
Constitution. 400
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l. The home addresses, telephone numbers, dates of birth, 401
and photographs of current or former public defenders, assistant 402
public defenders, criminal confl ict and civil regional counsel, 403
and assistant criminal conflict and civil regional counsel; the 404
names, home addresses, telephone numbers, dates of birth, and 405
places of employment of the spouses and children of current or 406
former public defenders, assistant public defenders, criminal 407
conflict and civil regional counsel, and assistant criminal 408
conflict and civil regional counsel; and the names and locations 409
of schools and day care facilities attended by the children of 410
current or former public defenders, assis tant public defenders, 411
criminal conflict and civil regional counsel, and assistant 412
criminal conflict and civil regional counsel are exempt from s. 413
119.07(1) and s. 24(a), Art. I of the State Constitution. 414
m. The home addresses, telephone numbers, dates o f birth, 415
and photographs of current or former investigators or inspectors 416
of the Department of Business and Professional Regulation; the 417
names, home addresses, telephone numbers, dates of birth, and 418
places of employment of the spouses and children of such current 419
or former investigators and inspectors; and the names and 420
locations of schools and day care facilities attended by the 421
children of such current or former investigators and inspectors 422
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 423
Constitution. 424
n. The home addresses, telephone numbers, and dates of 425
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birth of county tax collectors; the names, home addresses, 426
telephone numbers, dates of birth, and places of employment of 427
the spouses and children of such tax collectors; and the names 428
and locations of schools and day care facilities attended by the 429
children of such tax collectors are exempt from s. 119.07(1) and 430
s. 24(a), Art. I of the State Constitution. 431
o. The home addresses, telephone numbers, dates of birth, 432
and photographs of curre nt or former personnel of the Department 433
of Health whose duties include, or result in, the determination 434
or adjudication of eligibility for social security disability 435
benefits, the investigation or prosecution of complaints filed 436
against health care practi tioners, or the inspection of health 437
care practitioners or health care facilities licensed by the 438
Department of Health; the names, home addresses, telephone 439
numbers, dates of birth, and places of employment of the spouses 440
and children of such personnel; an d the names and locations of 441
schools and day care facilities attended by the children of such 442
personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 443
the State Constitution. 444
p. The home addresses, telephone numbers, dates of birth, 445
and photographs of current or former impaired practitioner 446
consultants who are retained by an agency or current or former 447
employees of an impaired practitioner consultant whose duties 448
result in a determination of a person's skill and safety to 449
practice a licensed profess ion; the names, home addresses, 450
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telephone numbers, dates of birth, and places of employment of 451
the spouses and children of such consultants or their employees; 452
and the names and locations of schools and day care facilities 453
attended by the children of such consultants or employees are 454
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 455
Constitution. 456
q. The home addresses, telephone numbers, dates of birth, 457
and photographs of current or former emergency medical 458
technicians or paramedics certified und er chapter 401; the 459
names, home addresses, telephone numbers, dates of birth, and 460
places of employment of the spouses and children of such 461
emergency medical technicians or paramedics; and the names and 462
locations of schools and day care facilities attended by the 463
children of such emergency medical technicians or paramedics are 464
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 465
Constitution. 466
r. The home addresses, telephone numbers, dates of birth, 467
and photographs of current or former personnel empl oyed in an 468
agency's office of inspector general or internal audit 469
department whose duties include auditing or investigating waste, 470
fraud, abuse, theft, exploitation, or other activities that 471
could lead to criminal prosecution or administrative discipline; 472
the names, home addresses, telephone numbers, dates of birth, 473
and places of employment of spouses and children of such 474
personnel; and the names and locations of schools and day care 475
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facilities attended by the children of such personnel are exempt 476
from s. 119.07(1) and s. 24(a), Art. I of the State 477
Constitution. 478
s. The home addresses, telephone numbers, dates of birth, 479
and photographs of current or former directors, managers, 480
supervisors, nurses, and clinical employees of an addiction 481
treatment facility; t he home addresses, telephone numbers, 482
photographs, dates of birth, and places of employment of the 483
spouses and children of such personnel; and the names and 484
locations of schools and day care facilities attended by the 485
children of such personnel are exempt from s. 119.07(1) and s. 486
24(a), Art. I of the State Constitution. For purposes of this 487
sub-subparagraph, the term "addiction treatment facility" means 488
a county government, or agency thereof, that is licensed 489
pursuant to s. 397.401 and provides substance ab use prevention, 490
intervention, or clinical treatment, including any licensed 491
service component described in s. 397.311(27) s. 397.311(26). 492
t. The home addresses, telephone numbers, dates of birth, 493
and photographs of current or former directors, managers, 494
supervisors, and clinical employees of a child advocacy center 495
that meets the standards of s. 39.3035(2) and fulfills the 496
screening requirement of s. 39.3035(3), and the members of a 497
Child Protection Team as described in s. 39.303 whose duties 498
include supporting the investigation of child abuse or sexual 499
abuse, child abandonment, child neglect, and child exploitation 500
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or to provide services as part of a multidisciplinary case 501
review team; the names, home addresses, telephone numbers, 502
photographs, dates of bi rth, and places of employment of the 503
spouses and children of such personnel and members; and the 504
names and locations of schools and day care facilities attended 505
by the children of such personnel and members are exempt from s. 506
119.07(1) and s. 24(a), Art. I of the State Constitution. 507
u. The home addresses, telephone numbers, places of 508
employment, dates of birth, and photographs of current or former 509
staff and domestic violence advocates, as defined in s. 510
90.5036(1)(b), of domestic violence centers certified by the 511
Department of Children and Families under chapter 39; the names, 512
home addresses, telephone numbers, places of employment, dates 513
of birth, and photographs of the spouses and children of such 514
personnel; and the names and locations of schools and day care 515
facilities attended by the children of such personnel are exempt 516
from s. 119.07(1) and s. 24(a), Art. I of the State 517
Constitution. 518
v. The home addresses, telephone numbers, dates of birth, 519
and photographs of current or former inspectors or investiga tors 520
of the Department of Agriculture and Consumer Services; the 521
names, home addresses, telephone numbers, dates of birth, and 522
places of employment of the spouses and children of current or 523
former inspectors or investigators; and the names and locations 524
of schools and day care facilities attended by the children of 525
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current or former inspectors or investigators are exempt from s. 526
119.07(1) and s. 24(a), Art. I of the State Constitution. This 527
sub-subparagraph is subject to the Open Government Sunset Review 528
Act in accordance with s. 119.15 and shall stand repealed on 529
October 2, 2028, unless reviewed and saved from repeal through 530
reenactment by the Legislature. 531
3. An agency that is the custodian of the information 532
specified in subparagraph 2. and that is not t he employer of the 533
officer, employee, justice, judge, or other person specified in 534
subparagraph 2. must maintain the exempt status of that 535
information only if the officer, employee, justice, judge, other 536
person, or employing agency of the designated employ ee submits a 537
written and notarized request for maintenance of the exemption 538
to the custodial agency. The request must state under oath the 539
statutory basis for the individual's exemption request and 540
confirm the individual's status as a party eligible for ex empt 541
status. 542
4.a. A county property appraiser, as defined in s. 543
192.001(3), or a county tax collector, as defined in s. 544
192.001(4), who receives a written and notarized request for 545
maintenance of the exemption pursuant to subparagraph 3. must 546
comply by removing the name of the individual with exempt status 547
and the instrument number or Official Records book and page 548
number identifying the property with the exempt status from all 549
publicly available records maintained by the property appraiser 550
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or tax collector. For written requests received on or before 551
July 1, 2021, a county property appraiser or county tax 552
collector must comply with this sub -subparagraph by October 1, 553
2021. A county property appraiser or county tax collector may 554
not remove the street addres s, legal description, or other 555
information identifying real property within the agency's 556
records so long as a name or personal information otherwise 557
exempt from inspection and copying pursuant to this section is 558
not associated with the property or otherwis e displayed in the 559
public records of the agency. 560
b. Any information restricted from public display, 561
inspection, or copying under sub -subparagraph a. must be 562
provided to the individual whose information was removed. 563
5. An officer, an employee, a justice , a judge, or other 564
person specified in subparagraph 2. may submit a written request 565
for the release of his or her exempt information to the 566
custodial agency. The written request must be notarized and must 567
specify the information to be released and the par ty authorized 568
to receive the information. Upon receipt of the written request, 569
the custodial agency must release the specified information to 570
the party authorized to receive such information. 571
6. The exemptions in this paragraph apply to information 572
held by an agency before, on, or after the effective date of the 573
exemption. 574
7. Information made exempt under this paragraph may be 575
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disclosed pursuant to s. 28.2221 to a title insurer authorized 576
pursuant to s. 624.401 and its affiliates as defined in s. 577
624.10; a title insurance agent or title insurance agency as 578
defined in s. 626.841(1) or (2), respectively; or an attorney 579
duly admitted to practice law in this state and in good standing 580
with The Florida Bar. 581
8. The exempt status of a home address contained i n the 582
Official Records is maintained only during the period when a 583
protected party resides at the dwelling location. Upon 584
conveyance of real property after October 1, 2021, and when such 585
real property no longer constitutes a protected party's home 586
address as defined in sub-subparagraph 1.a., the protected party 587
must submit a written request to release the removed information 588
to the county recorder. The written request to release the 589
removed information must be notarized, must confirm that a 590
protected party's request for release is pursuant to a 591
conveyance of his or her dwelling location, and must specify the 592
Official Records book and page, instrument number, or clerk's 593
file number for each document containing the information to be 594
released. 595
9. Upon the death of a protected party as verified by a 596
certified copy of a death certificate or court order, any party 597
can request the county recorder to release a protected 598
decedent's removed information unless there is a related request 599
on file with the county recorde r for continued removal of the 600
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decedent's information or unless such removal is otherwise 601
prohibited by statute or by court order. The written request to 602
release the removed information upon the death of a protected 603
party must attach the certified copy of a death certificate or 604
court order and must be notarized, must confirm the request for 605
release is due to the death of a protected party, and must 606
specify the Official Records book and page number, instrument 607
number, or clerk's file number for each document containing the 608
information to be released. A fee may not be charged for the 609
release of any document pursuant to such request. 610
10. Except as otherwise expressly provided in this 611
paragraph, this paragraph is subject to the Open Government 612
Sunset Review Act in accordance with s. 119.15 and shall stand 613
repealed on October 2, 2024, unless reviewed and saved from 614
repeal through reenactment by the Legislature. 615
Section 6. Paragraph (a) of subsection (4) of section 616
381.0038, Florida Statutes, is amended to re ad: 617
381.0038 Education; sterile needle and syringe exchange 618
programs.—The Department of Health shall establish a program to 619
educate the public about the threat of acquired immune 620
deficiency syndrome. 621
(4) A county commission may authorize a sterile needle and 622
syringe exchange program to operate within its county 623
boundaries. The program may operate at one or more fixed 624
locations or through mobile health units. The program shall 625
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offer the free exchange o f clean, unused needles and hypodermic 626
syringes for used needles and hypodermic syringes as a means to 627
prevent the transmission of HIV, AIDS, viral hepatitis, or other 628
blood-borne diseases among intravenous drug users and their 629
sexual partners and offsprin g. Prevention of disease 630
transmission must be the goal of the program. For the purposes 631
of this subsection, the term "exchange program" means a sterile 632
needle and syringe exchange program established by a county 633
commission under this subsection. A sterile needle and syringe 634
exchange program may not operate unless it is authorized and 635
approved by a county commission in accordance with this 636
subsection. 637
(a) Before an exchange program may be established, a 638
county commission must: 639
1. Authorize the program un der the provisions of a county 640
ordinance; 641
2. Enter into a letter of agreement with the department in 642
which the county commission agrees that any exchange program 643
authorized by the county commission will operate in accordance 644
with this subsection; 645
3. Enlist the local county health department to provide 646
ongoing advice, consultation, and recommendations for the 647
operation of the program; 648
4. Contract with one of the following entities to operate 649
the program: 650
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a. A hospital licensed under chapter 395. 651
b. A health care clinic licensed under part X of chapter 652
400. 653
c. A medical school in this state accredited by the 654
Liaison Committee on Medical Education or the Commission on 655
Osteopathic College Accreditation. 656
d. A licensed addictions receiving facility a s defined in 657
s. 397.311(27)(a)1. s. 397.311(26)(a)1. 658
e. A s. 501(c)(3) HIV/AIDS service organization. 659
Section 7. Paragraph (e) of subsection (2) of section 660
394.4573, Florida Statutes, is amended to read: 661
394.4573 Coordinated system of care; annual assessment; 662
essential elements; measures of performance; system improvement 663
grants; reports.—On or before December 1 of each year, the 664
department shall submit to the Governor, the President of the 665
Senate, and the Speaker of the House of Representatives an 666
assessment of the behavioral health services in this state. The 667
assessment shall consider, at a minimum, the extent to which 668
designated receiving systems function as no -wrong-door models, 669
the availability of treatment and recovery services that use 670
recovery-oriented and peer-involved approaches, the availability 671
of less-restrictive services, and the use of evidence -informed 672
practices. The assessment shall also consider the availability 673
of and access to coordinated specialty care programs and 674
identify any gaps in the availability of and access to such 675
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programs in the state. The department's assessment shall 676
consider, at a minimum, the needs assessments conducted by the 677
managing entities pursuant to s. 394.9082(5). The department 678
shall compile and include in t he report all plans submitted by 679
managing entities pursuant to s. 394.9082(8) and the 680
department's evaluation of each plan. 681
(2) The essential elements of a coordinated system of care 682
include: 683
(e) Case management. Each case manager or person directly 684
supervising a case manager who provides Medicaid -funded targeted 685
case management services shall hold a valid certification from a 686
department-approved credentialing entity as defined in s. 687
397.311(11) s. 397.311(10) by July 1, 2017, and, thereafter, 688
within 6 months after hire. 689
Section 8. Subsection (6) of section 394.9085, Florida 690
Statutes, is amended to read: 691
394.9085 Behavioral provider liability. — 692
(6) For purposes of this section, the terms 693
"detoxification services," "addictions receiving facility," and 694
"receiving facility" have the same meanings as those provided in 695
ss. 397.311(27)(a)4., 397.311(27)(a)1. ss. 397.311(26)(a)3., 696
397.311(26)(a)1., and 394.455(40), respectively. 697
Section 9. Subsection (8) of section 397.4012, Florida 698
Statutes, is amended to read: 699
397.4012 Exemptions from licensure. —The following are 700
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exempt from the licensing provisions of this chapter: 701
(8) A legally cognizable church or nonprofit religious 702
organization or denomination providing substance abuse services, 703
including prevention services, which are solely religious, 704
spiritual, or ecclesiastical in nature. A church or nonprofit 705
religious organization or denomination providing any of the 706
licensed service components itemized under s. 397.311(27) s. 707
397.311(26) is not exempt from substance abuse licensure but 708
retains its exemption with respect to all services which are 709
solely religious, spiritual, or ecclesiastical in nature. 710
711
The exemptions from licensure in subsections (3), (4), (8), (9), 712
and (10) do not apply to any servic e provider that receives an 713
appropriation, grant, or contract from the state to operate as a 714
service provider as defined in this chapter or to any substance 715
abuse program regulated under s. 397.4014. Furthermore, this 716
chapter may not be construed to limit the practice of a 717
physician or physician assistant licensed under chapter 458 or 718
chapter 459, a psychologist licensed under chapter 490, a 719
psychotherapist licensed under chapter 491, or an advanced 720
practice registered nurse licensed under part I of chapter 464, 721
who provides substance abuse treatment, so long as the 722
physician, physician assistant, psychologist, psychotherapist, 723
or advanced practice registered nurse does not represent to the 724
public that he or she is a licensed service provider and does 725
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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
not provide services to individuals under part V of this 726
chapter. Failure to comply with any requirement necessary to 727
maintain an exempt status under this section is a misdemeanor of 728
the first degree, punishable as provided in s. 775.082 or s. 729
775.083. 730
Section 10. Subsections (1) and (6) of section 397.407, 731
Florida Statutes, are amended to read: 732
397.407 Licensure process; fees. — 733
(1) The department shall establish the licensure process 734
to include fees and categories of licenses and must prescribe a 735
fee range that is based, at least in part, on the number and 736
complexity of programs listed in s. 397.311(27) s. 397.311(26) 737
which are operated by a licensee. The fees from the licensure of 738
service components are sufficient to cover the costs of 739
regulating the service components. The department shall specify 740
a fee range for public and privately funded licensed service 741
providers. Fees for privately funded licensed service providers 742
must exceed the fees for publicly funded licensed service 743
providers. 744
(6) The department may issue probationary, regular, and 745
interim licenses. The department shall issue one license for 746
each service component that is operated by a service provider 747
and defined pursuant to s. 397.311(27) s. 397.311(26). The 748
license is valid only for the specific service components listed 749
for each specific location identified on the license. The 750
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licensed service provider shall apply for a new license at least 751
60 days before the addition of any service components or 30 days 752
before the relocation of any of its service sites. Provision of 753
service components or delivery of services at a location not 754
identified on the license may be considered an unlicensed 755
operation that authorizes the department to seek an injunction 756
against operation as provided in s. 397.401, in addition to 757
other sanctions authorized by s. 397.415. Probationary and 758
regular licenses may be issued only after all required 759
information has been submitted. A license may not be 760
transferred. As used in this subsection, t he term "transfer" 761
includes, but is not limited to, the transfer of a majority of 762
the ownership interest in the licensed entity or transfer of 763
responsibilities under the license to another entity by 764
contractual arrangement. 765
Section 11. Subsection (1) o f section 397.410, Florida 766
Statutes, is amended to read: 767
397.410 Licensure requirements; minimum standards; rules. — 768
(1) The department shall establish minimum requirements 769
for licensure of each service component, as defined in s. 770
397.311(27) s. 397.311(26), including, but not limited to: 771
(a) Standards and procedures for the administrative 772
management of the licensed service component, including 773
procedures for recordkeeping, referrals, and financial 774
management. 775
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(b) Standards consistent with cli nical and treatment best 776
practices that ensure the provision of quality treatment for 777
individuals receiving substance abuse treatment services. 778
(c) The number and qualifications of all personnel, 779
including, but not limited to, management, nursing, and 780
qualified professionals, having responsibility for any part of 781
an individual's clinical treatment. These requirements must 782
include, but are not limited to: 783
1. Education; credentials, such as licensure or 784
certification, if appropriate; training; and supervi sion of 785
personnel providing direct clinical treatment. 786
2. Minimum staffing ratios to provide adequate safety, 787
care, and treatment. 788
3. Hours of staff coverage. 789
4. The maximum number of individuals who may receive 790
clinical services together in a group setting. 791
5. The maximum number of licensed service providers for 792
which a physician may serve as medical director and the total 793
number of individuals he or she may treat in that capacity. 794
(d) Service provider facility standards, including, but 795
not limited to: 796
1. Safety and adequacy of the facility and grounds. 797
2. Space, furnishings, and equipment for each individual 798
served. 799
3. Infection control, housekeeping, sanitation, and 800
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facility maintenance. 801
4. Meals and snacks. 802
(e) Disaster planning polic ies and procedures. 803
(f) A prohibition on the premises against alcohol, 804
marijuana, illegal drugs, and the use of prescribed medications 805
by an individual other than the individual for whom the 806
medication is prescribed. For the purposes of this paragraph, 807
"marijuana" includes marijuana that has been certified by a 808
qualified physician for medical use in accordance with s. 809
381.986. 810
Section 12. Section 397.416, Florida Statutes, is amended 811
to read: 812
397.416 Substance abuse treatment services; qualified 813
professional.—Notwithstanding any other provision of law, a 814
person who was certified through a certification process 815
recognized by the former Department of Health and Rehabilitative 816
Services before January 1, 1995, may perform the duties of a 817
qualified professional with respect to substance abuse treatment 818
services as defined in this chapter, and need not meet the 819
certification requirements contained in s. 397.311(36) s. 820
397.311(35). 821
Section 13. Paragraph (h) of subsection (1) of section 822
893.13, Florida Statutes, is amended to read: 823
893.13 Prohibited acts; penalties. — 824
(1) 825
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(h) Except as authorized by this chapter, a person may not 826
sell, manufacture, or deliver, or possess with intent to sell, 827
manufacture, or deliver, a controlled substance in, on, or 828
within 1,000 feet of the real property comprising a mental 829
health facility, as that term is used in chapter 394; a health 830
care facility licensed under chapter 395 which provides 831
substance abuse treatment; a licensed service provider as 832
defined in s. 397.311; a facility providing services that 833
include clinical treatment, intervention, or prevention as 834
described in s. 397.311(27) s. 397.311(26); a recovery residence 835
as defined in s. 397.311; an assisted living facility as defined 836
in chapter 429; or a pain manag ement clinic as defined in s. 837
458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who 838
violates this paragraph with respect to: 839
1. A controlled substance named or described in s. 840
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 841
commits a felony of the first degree, punishable as provided in 842
s. 775.082, s. 775.083, or s. 775.084. 843
2. A controlled substance named or described in s. 844
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 845
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 846
the second degree, punishable as provided in s. 775.082, s. 847
775.083, or s. 775.084. 848
3. Any other controlled substance, except as lawfully 849
sold, manufactured, or delivered, must be sentenced to pay a 850
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$500 fine and to serve 100 hours of public se rvice in addition 851
to any other penalty prescribed by law. 852
Section 14. This act shall take effect July 1, 2024. 853