Bill Text: FL S0804 | 2021 | 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: Slight Partisan Bill (? 2-1)

Status: (Passed) 2021-06-23 - Chapter No. 2021-128 [S0804 Detail]

Download: Florida-2021-S0804-Introduced.html

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       Florida Senate - 2021                                     SB 804
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00661A-21                                           2021804__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.403, F.S.; providing criminal penalties for
    4         making certain false representations or omissions of
    5         material facts when applying for service provider
    6         licenses; amending s. 397.415, F.S.; requiring the
    7         Department of Children and Families to suspend a
    8         service provider’s license under certain
    9         circumstances; amending ss. 397.487 and 397.4871,
   10         F.S.; revising the circumstances under which a
   11         credentialing entity is not required to deny an
   12         application for certification of a recovery residence
   13         or a recovery residence administrator, respectively;
   14         amending s. 397.4873, F.S.; revising applicability;
   15         revising civil penalties; requiring the department to
   16         suspend a service provider’s license under certain
   17         circumstances; amending s. 553.80, F.S.; prohibiting
   18         certain dwellings used as recovery residences from
   19         being reclassified for purposes of enforcing the
   20         Florida Building Code; amending s. 633.208, F.S.;
   21         prohibiting a property owner from being required to
   22         install fire sprinklers in a residential property
   23         under certain circumstances; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (5) is added to section 397.403,
   29  Florida Statutes, to read:
   30         397.403 License application.—
   31         (5) An applicant who willfully, knowingly, and
   32  intentionally makes a false representation of material fact in a
   33  license application or who willfully, knowingly, and
   34  intentionally omits any material fact from a license application
   35  commits a felony of the third degree, punishable as provided in
   36  s. 775.082 or s. 775.083.
   37         Section 2. Paragraph (a) of subsection (1) of section
   38  397.415, Florida Statutes, is amended to read:
   39         397.415 Denial, suspension, and revocation; other
   40  remedies.—
   41         (1) If the department determines that an applicant or
   42  licensed service provider or licensed service component thereof
   43  is not in compliance with all statutory and regulatory
   44  requirements, the department may deny, suspend, revoke, or
   45  impose reasonable restrictions or penalties on the license or
   46  any portion of the license. In such case:
   47         (a) The department may:
   48         1. Impose an administrative fine for a violation that is
   49  designated as a class I, class II, class III, or class IV
   50  violation pursuant to s. 397.411.
   51         2. Impose an administrative fine for a violation that is
   52  not designated as a class I, class II, class III, or class IV
   53  violation pursuant to s. 397.411. Unless otherwise specified by
   54  law, the amount of the fine may not exceed $500 for each
   55  violation. Unclassified violations may include:
   56         a. Violating any term or condition of a license.
   57         b. Violating any provision of this chapter or applicable
   58  rules.
   59         c. Providing services beyond the scope of the license.
   60         d. Violating a moratorium imposed pursuant to this section.
   61         3. Establish criteria by rule for the amount or aggregate
   62  limitation of administrative fines applicable to this chapter
   63  and applicable rules, unless the amount or aggregate limitation
   64  of the fine is prescribed by statute. Each day of violation
   65  constitutes a separate violation and is subject to a separate
   66  fine. For fines imposed by final order of the department and not
   67  subject to further appeal, the violator shall pay the fine plus
   68  interest at the rate specified in s. 55.03 for each day beyond
   69  the date set by the department for payment of the fine. If a
   70  violator does not pay the fine plus any applicable interest
   71  within 60 days after the date set by the department, the
   72  department shall immediately suspend the violator’s license.
   73         Section 3. Subsection (6) of section 397.487, Florida
   74  Statutes, is amended to read:
   75         397.487 Voluntary certification of recovery residences.—
   76         (6) All owners, directors, and chief financial officers of
   77  an applicant recovery residence are subject to level 2
   78  background screening as provided under s. 408.809 and chapter
   79  435. A recovery residence is ineligible for certification, and a
   80  credentialing entity shall deny a recovery residence’s
   81  application, if any owner, director, or chief financial officer
   82  has been found guilty of, or has entered a plea of guilty or
   83  nolo contendere to, regardless of adjudication, any offense
   84  listed in s. 408.809(4) or s. 435.04(2) unless the department
   85  has issued an exemption under s. 435.07 or the credentialing
   86  entity determines that the owner, director, or chief financial
   87  officer meets the requirements for an exemption from
   88  disqualification under s. 397.4073 or s. 435.07. In accordance
   89  with s. 435.04, the department shall notify the credentialing
   90  agency of an owner’s, director’s, or chief financial officer’s
   91  eligibility based on the results of his or her background
   92  screening.
   93         Section 4. Subsection (5) of section 397.4871, Florida
   94  Statutes, is amended to read:
   95         397.4871 Recovery residence administrator certification.—
   96         (5) All applicants are subject to level 2 background
   97  screening as provided under chapter 435. An applicant is
   98  ineligible, and a credentialing entity shall deny the
   99  application, if the applicant has been found guilty of, or has
  100  entered a plea of guilty or nolo contendere to, regardless of
  101  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  102  unless the department has issued an exemption under s. 435.07 or
  103  the credentialing entity determines that the applicant meets the
  104  requirements for an exemption from disqualification under s.
  105  397.4073 or s. 435.07. In accordance with s. 435.04, the
  106  department shall notify the credentialing agency of the
  107  applicant’s eligibility based on the results of his or her
  108  background screening.
  109         Section 5. Paragraph (a) of subsection (2) and subsection
  110  (6) of section 397.4873, Florida Statutes, are amended to read:
  111         397.4873 Referrals to or from recovery residences;
  112  prohibitions; penalties.—
  113         (2) Subsection (1) does not apply to:
  114         (a) A licensed service provider under contract with a
  115  managing entity as defined in s. 394.9082.
  116         (6) After June 30, 2019, A licensed service provider that
  117  violates violating this section is shall be subject to an
  118  administrative fine of $1,000 per occurrence. If such fine is
  119  imposed by final order of the department and is not subject to
  120  further appeal, the service provider shall pay the fine plus
  121  interest at the rate specified in s. 55.03 for each day beyond
  122  the date set by the department for payment of the fine. If the
  123  service provider does not pay the fine plus any applicable
  124  interest within 60 days after the date set by the department,
  125  the department shall immediately suspend the service provider’s
  126  license. Repeat violations of this section may subject a
  127  provider to license suspension or revocation pursuant to s.
  128  397.415.
  129         Section 6. Subsection (9) is added to section 553.80,
  130  Florida Statutes, to read:
  131         553.80 Enforcement.—
  132         (9) A single-family or two-family dwelling that is a
  133  certified recovery residence, as defined in s. 397.311, or that
  134  is a recovery residence, as defined in s. 397.311, that has a
  135  charter from an entity recognized or sanctioned by Congress may
  136  not be reclassified for purposes of enforcing the Florida
  137  Building Code solely due to such use.
  138         Section 7. Subsection (10) of section 633.208, Florida
  139  Statutes, is amended to read:
  140         633.208 Minimum firesafety standards.—
  141         (10) Notwithstanding subsection (8), a property owner may
  142  not be required to install fire sprinklers in any residential
  143  property based upon:
  144         (a) The use of such property as a rental property or any
  145  change in or reclassification of the property’s primary use to a
  146  rental property;
  147         (b) The use of such property as a certified recovery
  148  residence, as defined in s. 397.311, or any change in or
  149  reclassification of the property’s primary use to a certified
  150  recovery residence; or
  151         (c) The use of such property as a recovery residence, as
  152  defined in s. 397.311, if the recovery residence has a charter
  153  from an entity recognized or sanctioned by Congress.
  154         Section 8. This act shall take effect July 1, 2021.