Bill Text: FL S0210 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Substance Abuse Services

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-29 - Chapter No. 2023-298 [S0210 Detail]

Download: Florida-2023-S0210-Introduced.html

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       Florida Senate - 2023                                     SB 210
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00363A-23                                           2023210__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.403, F.S.; revising application requirements
    4         for licensure as a substance abuse service provider;
    5         amending s. 397.410, F.S.; revising licensure
    6         requirements for substance abuse providers; amending
    7         s. 397.411, F.S.; requiring the Department of Children
    8         and Families to establish, by a specified date, a
    9         mechanism to impose and collect fines for certain
   10         violations of law; amending s. 397.487, F.S.; revising
   11         credentialing requirements for recovery residences;
   12         prohibiting persons discharged from a recovery
   13         residence from willfully refusing to depart after
   14         being warned by specified persons; providing criminal
   15         penalties; amending s. 397.4873, F.S.; prohibiting
   16         service providers from referring patients to, or
   17         accepting referrals from, specified recovery
   18         residences; revising requirements regarding patient
   19         referrals for substance abuse service providers and
   20         recovery residences; requiring the department to
   21         establish, by a specified date, a mechanism to impose
   22         and collect fines for certain violations of law;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (k) is added to subsection (1) of
   28  section 397.403, Florida Statutes, to read:
   29         397.403 License application.—
   30         (1) Applicants for a license under this chapter must apply
   31  to the department on forms provided by the department and in
   32  accordance with rules adopted by the department. Applications
   33  must include at a minimum:
   34         (k) Proof of a prohibition on the premises against alcohol,
   35  marijuana, illegal drugs, and the use of prescribed medications
   36  by an individual other than the individual for whom the
   37  medication is prescribed.
   38         Section 2. Paragraph (f) is added to subsection (1) of
   39  section 397.410, Florida Statutes, to read:
   40         397.410 Licensure requirements; minimum standards; rules.—
   41         (1) The department shall establish minimum requirements for
   42  licensure of each service component, as defined in s.
   43  397.311(26), including, but not limited to:
   44         (f) A prohibition on the premises against alcohol,
   45  marijuana, illegal drugs, and the use of prescribed medications
   46  by an individual other than the individual for whom the
   47  medication is prescribed.
   48         Section 3. Subsection (8) is added to section 397.411,
   49  Florida Statutes, to read:
   50         397.411 Inspection; right of entry; classification of
   51  violations; records.—
   52         (8) The department shall establish a mechanism for the
   53  imposition and collection of fines for violations under this
   54  section no later than January 1, 2024.
   55         Section 4. Paragraph (a) of subsection (3) of section
   56  397.487, Florida Statutes, is amended, and subsection (12) is
   57  added to that section, to read:
   58         397.487 Voluntary certification of recovery residences.—
   59         (3) A credentialing entity shall require the recovery
   60  residence to submit the following documents with the completed
   61  application and fee:
   62         (a) A policy and procedures manual containing:
   63         1. Job descriptions for all staff positions.
   64         2. Drug-testing procedures and requirements.
   65         3. A prohibition on the premises against alcohol,
   66  marijuana, illegal drugs, and the use of prescribed medications
   67  by an individual other than the individual for whom the
   68  medication is prescribed.
   69         4. Policies to support a resident’s recovery efforts.
   70         5. A good neighbor policy to address neighborhood concerns
   71  and complaints.
   72         (12) Any person discharged from a recovery residence under
   73  subsection (11) who willfully refuses to depart after being
   74  warned by the owner or an authorized employee of the recovery
   75  residence commits the offense of trespass in a recovery
   76  residence, a misdemeanor of the second degree, punishable as
   77  provided in s. 775.082 or s. 775.083.
   78         Section 5. Present subsections (3) through (7) of section
   79  397.4873, Florida Statutes, are redesignated as subsections (4)
   80  through (8), respectively, a new subsection (3) is added to that
   81  section, and present subsections (3) and (6) of that section are
   82  amended, to read:
   83         397.4873 Referrals to or from recovery residences;
   84  prohibitions; penalties.—
   85         (3) Notwithstanding subsection (2), a service provider
   86  licensed under this part may not make a referral of a
   87  prospective, current, or discharged patient to, or accept a
   88  referral of such patient from, a recovery residence that allows
   89  on its premises the use of alcohol, marijuana, or illegal drugs
   90  or the use of prescribed medications by an individual other than
   91  the individual for whom the medication is prescribed.
   92         (4)(a)(3) For purposes of this section, a licensed service
   93  provider or recovery residence shall be considered to have made
   94  a referral if the provider or recovery residence has informed a
   95  patient by any means about the name, address, or other details
   96  of a recovery residence or licensed service provider, or
   97  informed a licensed service provider or a recovery residence of
   98  any identifying details about a patient.
   99         (b) A referral shall also include the placement of a
  100  patient by a licensed service provider into the housing
  101  component of the provider’s day or night treatment, which has a
  102  community housing license, regardless of whether the community
  103  housing component is affiliated with the licensed service
  104  provider.
  105         (7)(6) A licensed service provider that violates this
  106  section is subject to an administrative fine of $1,000 per
  107  occurrence. If such fine is imposed by final order of the
  108  department and is not subject to further appeal, the service
  109  provider shall pay the fine plus interest at the rate specified
  110  in s. 55.03 for each day beyond the date set by the department
  111  for payment of the fine. If the service provider does not pay
  112  the fine plus any applicable interest within 60 days after the
  113  date set by the department, the department shall immediately
  114  suspend the service provider’s license. Repeat violations of
  115  this section may subject a provider to license suspension or
  116  revocation pursuant to s. 397.415. The department shall
  117  establish a mechanism no later than January 1, 2024, for the
  118  imposition and collection of fines for violations under this
  119  section.
  120         Section 6. This act shall take effect July 1, 2023.