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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to recovery residences; amending s. 2
397.403, F.S.; revising requirements for applicants 3
for certified recovery residence licenses; amending s. 4
397.407, F.S.; providing that interim licenses may be 5
issued by the Department of Children and Fa milies to a 6
new owner of a recovery residence; revising the 7
definition of the term "transfer"; requiring the 8
department to issue an interim license within a 9
specified timeframe; providing that the department has 10
a specified timeframe after receiving an app lication 11
to review it for completeness; prohibiting the 12
department from issuing an interim license when doing 13
so would place the health, safety, or welfare of 14
individuals at risk; prohibiting the expiration of an 15
interim license; requiring that an interim license be 16
converted to a regular license with a specified 17
timeframe; authorizing the department to issue a 18
probationary license to an existing licensed service 19
provider if the department makes specified findings; 20
providing applicability; providing that a probationary 21
license, rather than an interim license, expires 90 22
days after it is issued; amending s. 397.415, F.S.; 23
revising conditions under which the department may 24
deny, suspend, or revoke the license of a service 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provider or the operation of any servi ce component or 26
location identified on the license; amending s. 27
397.487, F.S.; requiring that Level IV certified 28
recovery residence providers undergo a recertification 29
audit at a certain interval, subject to annual due 30
payments being made; providing that o nly the 31
department may suspend or revoke a Level IV certified 32
recovery residence provider's license; deleting a 33
requirement that a certified recovery residence must 34
immediately remove a person who is arrested for or 35
convicted of a certain criminal offense; providing 36
that a recovery residence is deemed a nontransient 37
residential use of land for a specified purpose; 38
prohibiting a local law, ordinance, or regulation from 39
prohibiting or regulating a recovery residence in a 40
multifamily structure; requiring a cou nty or a 41
municipality to allow certain certified recovery 42
residences in specific zoned districts, without the 43
need to obtain changes in certain zoning or land use; 44
providing that certified recovery residences in 45
multifamily structures are administratively approved 46
and no further action by the governing body of the 47
municipality or county is required under certain 48
circumstances; authorizing a municipality or a county 49
to deny the establishment of a certified Level IV 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
recovery residence if the proposed use is a djacent to, 51
or on two or more sides of, a parcel zoned for a 52
specified use and within a certain single -family 53
residential development; defining the term "adjacent 54
to"; requiring that a municipality or a county reduce 55
any local parking requirements for a pr oposed 56
certified recovery residence by a specified percentage 57
under certain circumstances; providing applicability; 58
providing that certified recovery residences that 59
provide housing to patients must maintain such 60
patients' confidential records; amending s. 397.4871, 61
F.S.; providing that the personnel -to-resident ratio 62
for a certified recovery residence must be met only 63
when the residents are at the residence; providing 64
that a certified recovery residence administrator for 65
Level IV certified recovery residen ces which maintains 66
a specified personnel -to-patient ratio has no 67
limitation on the number of residents it may manage; 68
amending s. 397.501, F.S.; prohibiting an agency or a 69
division from transmitting certain records to any 70
other agency, division, or third party; providing an 71
exception; revising liability for licensed service 72
providers; amending s. 509.032, F.S.; providing 73
construction; creating the Substance Abuse and 74
Recovery Residence Efficiency Committee within the 75
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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
Department of Children and Families; re quiring the 76
department to provide the committee with 77
administrative and staff support services; providing 78
the purpose of the committee; providing the membership 79
of the committee; requiring that appointments to the 80
committee be made by a specified date; pro viding that 81
each member serves at the pleasure of the person or 82
body that appointed the member; requiring the 83
committee to select a chair; requiring the committee 84
to convene by a specified date and to meet monthly or 85
upon the call of the chair; providing t he duties of 86
the committee; requiring the committee to submit a 87
report to the Governor and the Legislature by a 88
specified date; providing for future legislative 89
review and repeal; reenacting s. 397.4104(2), F.S., 90
relating to record of recovery residences u sed by 91
service providers, to incorporate the amendment made 92
to s. 397.415, F.S., in a reference thereto; 93
reenacting s. 397.4873(1) and (7), F.S., relating to 94
referrals to or from recovery residences, 95
prohibitions, and penalties, to incorporate the 96
amendments made to ss. 397.415, 397.487, and 397.4871, 97
F.S., in references thereto; reenacting ss. 98
397.47891(12)(c), 394.47892(8)(c), 395.3025(3), 99
397.334(10)(c), 397.752, and 400.494(1), F.S., 100
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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
relating to veterans treatment court programs; mental 101
health court programs; patient and personnel records, 102
copies, examination; treatment -based drug court 103
programs; scope of part; and information about 104
patients confidential, respectively, to incorporate 105
the amendment made to s. 397.501, F.S., in references 106
thereto; providing an effective date. 107
108
Be It Enacted by the Legislature of the State of Florida: 109
110
Section 1. Paragraph (f) of subsection (1) of section 111
397.403, Florida Statutes, is amended to read: 112
397.403 License application. — 113
(1) Applicants for a license u nder this chapter must apply 114
to the department on forms provided by the department and in 115
accordance with rules adopted by the department. Applications 116
must include at a minimum: 117
(f) Proof of satisfactory fire, safety, and health 118
inspections, and compliance with local zoning ordinances. 119
Service providers operating under a regular annual license shall 120
have 18 months from the expiration date of their regular license 121
within which to meet local zoning requirements. Applicants for a 122
new license must demonstrat e proof of compliance with zoning 123
requirements prior to the department issuing a probationary 124
license. 125
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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
Section 2. Subsections (6), (7), and (9) of section 126
397.407, Florida Statutes, are amended to read: 127
397.407 Licensure process; fees. — 128
(6) The department may issue probationary, regular, and 129
interim licenses. The department may issue one license for all 130
service components operated by a service provider and defined 131
pursuant to s. 397.311(27). The license is valid only for the 132
specific service compone nts listed for each specific location 133
identified on the license. The licensed service provider shall 134
apply for the addition of any service components and obtain 135
approval before initiating additional services. The licensed 136
service provider must notify the d epartment and provide any 137
required documentation at least 30 days before the relocation of 138
any of its service sites. Provision of service components or 139
delivery of services at a location not identified on the license 140
may be considered an unlicensed operati on that authorizes the 141
department to seek an injunction against operation as provided 142
in s. 397.401, in addition to other sanctions authorized by s. 143
397.415. Probationary , interim, and regular licenses may be 144
issued only after all required information has been submitted. A 145
license may not be transferred to a new owner consistent with 146
the procedures set forth in s. 408.807 . As used in this 147
subsection, the term "transfer" means: includes, but is not 148
limited to, the transfer of a majority of the ownership inte rest 149
in the licensed entity or transfer of responsibilities under the 150
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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
license to another entity by contractual arrangement. 151
(a) An event in which a privately held licensee sells or 152
otherwise transfers its ownership to a different individual or 153
entity, as evidenced by a change in federal employer 154
identification number or taxpayer identification number; or 155
(b) An event in which 51 percent or more of the ownership, 156
shares, membership, or controlling interest of a licensee is in 157
any manner transferred or ot herwise assigned. A change solely in 158
the management company or board of directors is not a change of 159
ownership. 160
(7) Upon receipt of a complete application, payment of 161
applicable fees, and a demonstration of substantial compliance 162
with all applicable stat utory and regulatory requirements, the 163
department may issue a probationary license to a new service 164
provider applicant with services that are not yet fully 165
operational. The department shall may not issue an interim 166
license within 30 calendar days after rec eipt of a complete 167
application from an existing licensed service provider seeking 168
to add services or one or more additional levels of care at an 169
existing licensed location or at a new location. The department 170
has 15 calendar days after receiving an applica tion to review it 171
for completeness. The department may not issue a probationary or 172
an interim license when doing so would place the health, safety, 173
or welfare of individuals at risk. A probationary license 174
expires 90 days after issuance and may not be reis sued. An 175
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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
interim license issued pursuant to this part may not expire and 176
must be converted to a regular license within 80 days after 177
issuance. During the probationary period of time a licensee is 178
providing services under a probationary license, the department 179
shall monitor the delivery of services. Notwithstanding s. 180
120.60(5), the department may order a probationary licensee to 181
cease and desist operations at any time it is found to be 182
substantially out of compliance with licensure standards. This 183
cease-and-desist order is exempt from the requirements of s. 184
120.60(6). 185
(9) The department may issue a probationary an interim 186
license to an existing licensed a service provider for a period 187
established by the department which does not exceed 90 days if 188
the department finds that: 189
(a) A service component of the provider is in substantial 190
noncompliance with licensure standards; 191
(b) The service provider has failed to provide 192
satisfactory proof of conformance to fire, safety, or health 193
requirements; or 194
(c) The service provider is involved in license suspension 195
or revocation proceedings. 196
197
A probationary An interim license applies only to the licensable 198
service component of the provider's services which is in 199
substantial noncompliance with statutory or regulatory 200
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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
requirements. A probationary An interim license expires 90 days 201
after it is issued; however, it may be reissued once for an 202
additional 90-day period in a case of extreme hardship in which 203
the noncompliance is not attributable to the licensed service 204
provider. If the service provider is appealing the final 205
disposition of license suspension or revocation proceedings, the 206
court before which the appeal is taken may order the extension 207
of the probationary interim license for a period specified in 208
the order. 209
Section 3. Paragraph (d) of subsection (1) of section 210
397.415, Florida Statutes, is amended to read: 211
397.415 Denial, suspension, and revocation; other 212
remedies.— 213
(1) If the department determines that an applicant or 214
licensed service provider or license d service component thereof 215
is not in compliance with all statutory and regulatory 216
requirements, the department may deny, suspend, revoke, or 217
impose reasonable restrictions or penalties on the license or 218
any portion of the license. In such case: 219
(d) The department may deny, suspend, or revoke the 220
license of a service provider or may suspend or revoke the 221
license as to the operation of any service component or location 222
identified on the license for: 223
1. False representation of a material fact in the licen se 224
application or omission of any material fact from the 225
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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
application. 226
2. An intentional or negligent act materially affecting 227
the health or safety of an individual receiving services from 228
the provider. 229
3. A violation of this chapter or applicable rules . 230
4. A demonstrated pattern of deficient performance. 231
5. Failure to timely notify the department of immediately 232
remove service provider personnel subject to background 233
screening pursuant to s. 397.4073 who no longer meet the Level 2 234
screening standards set forth in s. 435.04 are arrested or found 235
guilty of, regardless of adjudication, or have entered a plea of 236
nolo contendere or guilty to any offense prohibited under the 237
screening standard and notify the department within 2 days after 238
an event or circumstance that causes such personnel to fail to 239
meet such standards such removal, excluding weekends and 240
holidays. 241
Section 4. Subsection (7) and paragraphs (a) and (d) of 242
subsection (8) of section 397.487, Florida Statutes, are 243
amended, and subsections (15) and (16) are added to that 244
section, to read: 245
397.487 Voluntary certification of recovery residences. — 246
(7) A credentialing entity shall issue a certificate of 247
compliance upon approval of the recovery residence's application 248
and inspection. The cert ification shall automatically terminate 249
1 year after issuance if not renewed. A Level IV certified 250
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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
recovery residence provider must undergo a recertification audit 251
once every 3 years, subject to annual dues to the Florida 252
Association of Recovery Residences . 253
(8) Onsite followup monitoring of a certified recovery 254
residence may be conducted by the credentialing entity to 255
determine continuing compliance with certification requirements. 256
The credentialing entity shall inspect each certified recovery 257
residence at least annually to ensure compliance. 258
(a) A credentialing entity may suspend or revoke a 259
certification if the recovery residence is not in compliance 260
with any provision of this section or has failed to remedy any 261
deficiency identified by the credentiali ng entity within the 262
time period specified , except for a Level IV certified recovery 263
residence provider, for which only the department is authorized 264
to suspend or revoke a certification following the licensure 265
procedures pursuant to chapter 120 . 266
(d) If any owner, director, or chief financial officer of 267
a certified recovery residence is arrested and awaiting 268
disposition for or found guilty of, or enters a plea of guilty 269
or nolo contendere to, regardless of whether adjudication is 270
withheld, any offense list ed in s. 435.04(2) while acting in 271
that capacity, the certified recovery residence must immediately 272
remove the person from that position and notify the 273
credentialing entity within 3 business days after such event or 274
circumstance removal. The credentialing entity must revoke the 275
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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
certificate of compliance of a certified recovery residence that 276
fails to meet these requirements. 277
(15)(a) A certified recovery residence is deemed a 278
nontransient residential use of land for purposes of all local 279
zoning ordinances. A local law, ordinance, or regulation may not 280
prohibit certified recovery residences or regulate the duration 281
or frequency of use of a certified recovery residence in a 282
multifamily structure. 283
(b) Notwithstanding any other law or local ordinance or 284
regulation to the contrary, a municipality or county must allow 285
the establishment of a certified recovery residence in all 286
districts zoned multifamily residential as an allowable use and 287
must allow a structure originally constructed and permitted for 288
multifamily purposes to be used as a certified recovery 289
residence, allowing up to two residents per bedroom, without the 290
need to obtain a zoning or a land use change, a special 291
exception, a conditional use approval, a variance, or a 292
comprehensive plan amendment for the zoning and densities 293
authorized under this subsection. 294
(c) All certified recovery residences in multifamily 295
structures are administratively approved and no further action 296
by the governing body of the municipality or county is required 297
if the use satisfies this section. 298
(d) A municipality or a county may deny the establishment 299
of a Level IV certified recovery residence if the proposed use 300
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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
is adjacent to, or on two or more sides of, a parcel zoned for 301
single-family residential use and is within a sing le-family 302
residential development with at least 25 contiguous single -303
family homes. For the purposes of this paragraph, the term 304
"adjacent to" means those properties sharing more than one point 305
of a property line, but the term does not include properties 306
separated by a public road. 307
(e) A municipality or a county must reduce any local 308
parking requirements for a proposed certified recovery residence 309
by 50 percent if the property is located within one -quarter mile 310
of a transit stop and the transit stop is acc essible from the 311
residence. 312
(f) This section does not apply to any certified recovery 313
residence provider that was not voluntarily certified by the 314
certifying entity in s. 397.487 on or before July 1, 2025. 315
(16) Certified recovery residences that provid e housing to 316
patients undergoing treatment must comply with and be subject to 317
s. 397.501(7) regarding confidential information pertaining to 318
such patients. 319
Section 5. Paragraph (c) of subsection (8) of section 320
397.4871, Florida Statutes, is amended to read: 321
397.4871 Recovery residence administrator certification. — 322
(8) 323
(c) Notwithstanding paragraph (b), a Level IV certified 324
recovery residence operating as community housing as defined in 325
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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
s. 397.311(9), which residence is actively managed by a 326
certified recovery residence administrator approved for 100 327
residents under this section and is wholly owned or controlled 328
by a licensed service provider, may actively manage up to 150 329
residents so long as the licensed service provider maintains a 330
service provider personnel -to-patient ratio of 1 to 8 and 331
maintains onsite supervision at the residence 24 hours a day, 7 332
days a week, during times when residents are at the residence 333
and with a personnel-to-resident ratio of 1 to 10. A certified 334
recovery residence administrator for Level IV certified recovery 335
residences which maintains a personnel -to-resident ratio of 1 to 336
6, pursuant to this section, has no limitation on the number of 337
residents it may manage . A certified recovery residence 338
administrator who has been removed by a certified recovery 339
residence due to termination, resignation, or any other reason 340
may not continue to actively manage more than 50 residents for 341
another service provider or certified recovery residence without 342
being approved by the credentialing entity. 343
Section 6. Paragraph (a) of subsection (7) and subsection 344
(10) of section 397.501, Florida Statutes, are amended to read: 345
397.501 Rights of individuals. —Individuals receiving 346
substance abuse services from any service provider are 347
guaranteed protection of the rights specified in this section, 348
unless otherwise expressly provided, and service providers must 349
ensure the protection of such rights. 350
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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
(7) RIGHT TO CONFIDENTIALITY OF INDIVI DUAL RECORDS.— 351
(a) The records of service providers which pertain to the 352
identity, diagnosis, and prognosis of and service provision to 353
any individual are confidential in accordance with this chapter 354
and with applicable federal confidentiality regulation s and are 355
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 356
Constitution. Such records may not be disclosed without the 357
written consent of the individual to whom they pertain except 358
that appropriate disclosure may be made without such consent: 359
1. To medical personnel in a medical emergency. 360
2. To service provider personnel if such personnel need to 361
know the information in order to carry out duties relating to 362
the provision of services to an individual. 363
3. To the secretary of the department or the secretary's 364
designee, for purposes of scientific research, in accordance 365
with federal confidentiality regulations, but only upon 366
agreement in writing that the individual's name and other 367
identifying information will not be disclosed. 368
4. In the course of review of service provider records by 369
persons who are performing an audit or evaluation on behalf of 370
any federal, state, or local government agency, or third -party 371
payor providing financial assistance or reimbursement to the 372
service provider; however, reports produced as a result of such 373
audit or evaluation may not disclose names or other identifying 374
information and must be in accordance with federal 375
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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
confidentiality regulations. When an agency or a division of the 376
state comes into possession of such re cords under its regulatory 377
authority, such records may not be transmitted to any other 378
government agency or third party for any purpose except for the 379
purpose of the agency or division collecting such records. 380
5. Upon court order based on application sho wing good 381
cause for disclosure. In determining whether there is good cause 382
for disclosure, the court shall examine whether the public 383
interest and the need for disclosure outweigh the potential 384
injury to the individual, to the service provider and the 385
individual, and to the service provider itself. 386
(10) LIABILITY AND IMMUNITY. — 387
(a) Licensed service providers or service provider 388
personnel who violate or abuse any right or privilege of an 389
individual under this chapter are liable for damages as 390
determined by law. 391
(b) All persons acting in good faith, reasonably, and 392
without negligence in connection with the preparation or 393
execution of petitions, applications, certificates, or other 394
documents or the apprehension, detention, discharge, 395
examination, transpor tation, or treatment of a person under the 396
provisions of this chapter shall be free from all liability, 397
civil or criminal, by reason of such acts , except for the 398
illegal use or disclosure of trade secrets as defined in s. 399
812.081 and chapter 688 . 400
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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
Section 7. Paragraph (d) is added to subsection (7) of 401
section 509.032, Florida Statutes, to read: 402
509.032 Duties.— 403
(7) PREEMPTION AUTHORITY. — 404
(d) This chapter may not be construed to authorize the 405
department to regulate certified recovery residences purs uant to 406
ss. 397.311 and 397.487. A recovery residence is deemed a 407
nontransient residential use of land for purposes of all local 408
zoning ordinances. 409
Section 8. Substance Abuse and Recovery Residence 410
Efficiency Committee. — 411
(1) CREATION.—The Substance Abuse and Recovery Residence 412
Efficiency Committee, a committee as defined in s. 20.03(5), 413
Florida Statutes, is created within the Department of Children 414
and Families. The department shall provide administrative and 415
staff support services relating to the fun ctions of the 416
committee. 417
(2) PURPOSE.—The purpose of the committee is to quickly 418
identify and remedy issues related to the treatment, 419
reimbursement, certification, and licensure of substance abuse 420
treatment facilities licensed under chapter 397, Florida 421
Statutes, and operating in this state. 422
(3) MEMBERSHIP; MEETINGS. — 423
(a) The committee is composed of the following members: 424
1. A member of the Senate, appointed by the President of 425
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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
the Senate. 426
2. A member of the House of Representatives, appointed by 427
the Speaker of the House of Representatives. 428
3. A member appointed by the secretary of the Department 429
of Children and Families. 430
4. A member appointed by the secretary of the Agency for 431
Health Care Administration. 432
5. The deputy secretary of the Agenc y for Health Care 433
Administration or other member of the agency tasked with 434
oversight of the Division of Medicaid, or his or her designee. 435
6. A member appointed by the Commissioner of Insurance 436
Regulation. 437
7. A representative of a Level IV certified rec overy 438
residence, as defined in s. 397.311, Florida Statutes, appointed 439
by the Secretary of the Agency for Health Care Administration. 440
8. The President of the Florida Association of Recovery 441
Residences, upon approval by the association board. 442
(b) Appointments to the committee must be made by August 443
1, 2025. Each member serves at the pleasure of the official or 444
body that appointed the member. A vacancy on the committee must 445
be filled in the same manner as the original appointment. 446
(c) The committee shall select a member as chair at its 447
first meeting. 448
(d) The committee shall convene no later than August 15, 449
2025. The committee shall meet monthly or upon the call of the 450
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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
chair. The committee may hold its meetings through 451
teleconference or ot her electronic means. 452
(4) DUTIES.—The duties of the committee include all of the 453
following: 454
(a) Analyzing the current regulatory framework to 455
determine areas of inefficiency. 456
(b) Identifying issues that impede the effective treatment 457
of individuals who have a substance use disorder. 458
(c) Assessing the relationship between substance abuse 459
treatment providers and public and private payors. 460
(d) Assessing the comprehensiveness and effectiveness of 461
existing policies and procedures for oversight of licen sed 462
substance abuse treatment providers. 463
(e) Evaluating the state's approaches to agency 464
jurisdiction over substance abuse treatment and its 465
reimbursement, and specifically whether it is appropriate for 466
the Department of Children and Families to maintain jurisdiction 467
over substance abuse programs or treatment and recovery 468
residence providers. 469
(f) Determining actions that can be taken under the 470
respective agencies' existing rulemaking authority to alleviate 471
any issues that the committee has identified. 472
(g) Determining legislative action that must be taken to 473
alleviate issues that the committee has identified for which the 474
respective agencies do not have the necessary rulemaking 475
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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
authority. 476
(h) Determining legislative action that would transfer 477
licensure and regulation of substance abuse treatment to the 478
Agency for Health Care Administration. 479
(5) REPORT.—By October 1, 2025, the committee shall submit 480
to the Governor, the President of the Senate, and the Speaker of 481
the House of Representatives a report that compiles the findings 482
and recommendations of the committee. 483
(6) REPEAL.—This section is repealed December 31, 2025, 484
unless reviewed and saved from repeal through reenactment by the 485
Legislature. 486
Section 9. For the purpose of incorporating the ame ndment 487
made by this act to section 397.415, Florida Statutes, in a 488
reference thereto, subsection (2) of section 397.4104, Florida 489
Statutes, is reenacted to read: 490
397.4104 Record of recovery residences used by service 491
providers.— 492
(2) Beginning July 1, 2 022, a licensed service provider 493
that violates this section is subject to an administrative fine 494
of $1,000 per occurrence. The department may suspend or revoke a 495
service provider's license pursuant to s. 397.415 for repeat 496
violations of this section. 497
Section 10. For the purpose of incorporating the 498
amendments made by this act to sections 397.415, 397.487, and 499
397.4871, Florida Statutes, in references thereto, subsections 500
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(1) and (7) of section 397.4873, Florida Statutes, are reenacted 501
to read: 502
397.4873 Referrals to or from recovery residences; 503
prohibitions; penalties. — 504
(1) A service provider licensed under this part may not 505
make a referral of a prospective, current, or discharged patient 506
to, or accept a referral of such a patient from, a recovery 507
residence unless the recovery residence holds a valid 508
certificate of compliance as provided in s. 397.487 and is 509
actively managed by a certified recovery residence administrator 510
as provided in s. 397.4871. 511
(7) A licensed service provider that violates this section 512
is subject to an administrative fine of $1,000 per occurrence. 513
If such fine is imposed by final order of the department and is 514
not subject to further appeal, the service provider shall pay 515
the fine plus interest at the rate specified in s. 55.03 fo r 516
each day beyond the date set by the department for payment of 517
the fine. If the service provider does not pay the fine plus any 518
applicable interest within 60 days after the date set by the 519
department, the department shall immediately suspend the service 520
provider's license. Repeat violations of this section may 521
subject a provider to license suspension or revocation pursuant 522
to s. 397.415. The department shall establish a mechanism no 523
later than January 1, 2024, for the imposition and collection of 524
fines for violations under this section. 525
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Section 11. For the purpose of incorporating the amendment 526
made by this act to section 397.501, Florida Statutes, in a 527
reference thereto, paragraph (c) of subsection (12) of section 528
394.47891, Florida Statutes, is reenac ted to read: 529
394.47891 Veterans treatment court programs. — 530
(12) PUBLIC RECORDS EXEMPTION. — 531
(c) If such confidential and exempt information is a 532
substance abuse record of a service provider that pertains to 533
the identity, diagnosis, or prognosis of or provision of 534
services to a person, such information may be disclosed pursuant 535
to s. 397.501(7). 536
Section 12. For the purpose of incorporating the amendment 537
made by this act to section 397.501, Florida Statutes, in a 538
reference thereto, paragraph (c) of s ubsection (8) of section 539
394.47892, Florida Statutes, is reenacted to read: 540
394.47892 Mental health court programs. — 541
(8) 542
(c) If such confidential and exempt information is a 543
substance abuse record of a service provider that pertains to 544
the identity, diagnosis, and prognosis of or provision of 545
services to a person, such information may be disclosed pursuant 546
to s. 397.501(7). 547
Section 13. For the purpose of incorporating the amendment 548
made by this act to section 397.501, Florida Statutes, in a 549
reference thereto, subsection (3) of section 395.3025, Florida 550
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Statutes, is reenacted to read: 551
395.3025 Patient and personnel records; copies; 552
examination.— 553
(3) This section does not apply to records of substance 554
abuse impaired persons, which are governed by s. 397.501. 555
Section 14. For the purpose of incorporating the amendment 556
made by this act to section 397.501, Florida Statutes, in a 557
reference thereto, paragraph (c) of subsection (10) of section 558
397.334, Florida Statutes, is reenacted to read: 559
397.334 Treatment-based drug court programs. — 560
(10) 561
(c) Records of a service provider which pertain to the 562
identity, diagnosis, and prognosis of or provision of service to 563
any person shall be disclosed pursuant to s. 397.501(7). 564
Section 15. For the purpose of incorporating the amendment 565
made by this act to section 397.501, Florida Statutes, in a 566
reference thereto, section 397.752, Florida Statutes, is 567
reenacted to read: 568
397.752 Scope of part. —An inmate's substance abuse service 569
records are confidential in accordance with s. 397.501(7). No 570
other provision of parts I -VII of this chapter applies to 571
inmates except as indicated by the context or specified. 572
Section 16. For the purpose of incorporating the amendment 573
made by this act to section 397.501, Florid a Statutes, in a 574
reference thereto, subsection (1) of section 400.494, Florida 575
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Statutes, is reenacted to read: 576
400.494 Information about patients confidential. — 577
(1) Information about patients received by persons 578
employed by, or providing services to, a home health agency or 579
received by the licensing agency through reports or inspection 580
shall be confidential and exempt from the provisions of s. 581
119.07(1) and shall only be disclosed to any person, other than 582
the patient, as permitted under the provisions of 45 C.F.R. ss. 583
160.102, 160.103, and 164, subpart A, commonly referred to as 584
the HIPAA Privacy Regulation; except that clinical records 585
described in ss. 381.004, 384.29, 385.202, 392.65, 394.4615, 586
395.404, 397.501, and 760.40 shall be disclosed as author ized in 587
those sections. 588
Section 17. This act shall take effect July 1, 2025. 589