Florida Senate - 2022 SB 704
By Senator Harrell
25-00437A-22 2022704__
1 A bill to be entitled
2 An act relating to substance abuse service providers;
3 amending s. 397.403, F.S.; requiring service provider
4 applicants to include the names and locations of
5 certain recovery residences in their license
6 application; creating s. 397.4104, F.S.; requiring
7 service providers to record specified information in
8 the Department of Children and Families’ Provider
9 Licensure and Designations System after a specified
10 date; requiring service providers to update the record
11 with any changes within a specified timeframe;
12 providing civil penalties; amending s. 397.4871, F.S.;
13 requiring certified recovery residence administrators
14 to demonstrate the ability to meet specified
15 requirements; prohibiting certified recovery residence
16 administrators from actively managing more than a
17 specified number of residents; providing an exception;
18 deleting a provision prohibiting certified recovery
19 residence administrators from actively managing more
20 than three recovery residences; amending s. 397.501,
21 F.S.; requiring service providers to return an
22 individual’s personal effects upon the individual’s
23 discharge; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraph (j) 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 (j) The names and locations of any recovery residences to
35 which the applicant service provider plans to refer patients or
36 from which the applicant service provider plans to accept
37 patients.
38 Section 2. Section 397.4104, Florida Statutes, is created
39 to read:
40 397.4104 Record of recovery residences used by service
41 providers.—
42 (1) By July 1, 2022, a service provider shall record in the
43 department’s Provider Licensure and Designations System the name
44 and location of each recovery residence that the service
45 provider has referred patients to or received patients from and
46 update the record with any changes that occur. A service
47 provider must update such record within 30 business days after
48 the change.
49 (2) Beginning July 1, 2022, a licensed service provider
50 that violates this section is subject to an administrative fine
51 of $1,000 per occurrence. The department may suspend or revoke a
52 service provider’s license pursuant to s. 397.415 for repeat
53 violations of this section.
54 Section 3. Subsection (8) of section 397.4871, Florida
55 Statutes, is amended to read:
56 397.4871 Recovery residence administrator certification.—
57 (8)(a) A certified recovery residence administrator must
58 demonstrate the ability to effectively and appropriately respond
59 to the needs of residents, to maintain residence standards, and
60 to meet the certification requirements of this section.
61 (b) A certified recovery residence administrator may not
62 actively manage more than 50 residents at any given time unless
63 written justification is provided to, and approved by, the
64 credentialing entity as to how the administrator is able to
65 effectively and appropriately respond to the needs of the
66 residents, to maintain residence standards, and to meet the
67 residence certification requirements of this section. However, a
68 certified recovery residence administrator may not actively
69 manage more than 100 residents no more than three recovery
70 residences at any given time.
71 Section 4. Subsection (5) of section 397.501, Florida
72 Statutes, is amended to read:
73 397.501 Rights of individuals.—Individuals receiving
74 substance abuse services from any service provider are
75 guaranteed protection of the rights specified in this section,
76 unless otherwise expressly provided, and service providers must
77 ensure the protection of such rights.
78 (5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS.—An
79 individual has the right to possess clothing and other personal
80 effects. The service provider may take temporary custody of the
81 individual’s personal effects only when required for medical or
82 safety reasons, with the reason for taking custody and a list of
83 the personal effects recorded in the individual’s clinical
84 record. A service provider shall return an individual’s personal
85 effects upon the individual’s discharge, even if the discharge
86 is against medical advice.
87 Section 5. This act shall take effect upon becoming a law.