SB 704                                           First Engrossed
       
       
       
       
       
       
       
       
       2022704e1
       
    1                        A bill to be entitled                      
    2         An act relating to substance abuse service providers;
    3         amending s. 394.76, F.S.; revising the types of
    4         expenditures for district programs and services which
    5         are eligible for state payment; amending s. 397.403,
    6         F.S.; requiring service provider applicants to include
    7         the names and locations of certain recovery residences
    8         in their license application; creating s. 397.4104,
    9         F.S.; requiring service providers to record specified
   10         information in the Department of Children and
   11         Families’ Provider Licensure and Designations System
   12         after a specified date; requiring service providers to
   13         update the record with any changes within a specified
   14         timeframe; providing civil penalties; amending s.
   15         397.4871, F.S.; requiring certified recovery residence
   16         administrators to demonstrate the ability to meet
   17         specified requirements; prohibiting certified recovery
   18         residence administrators from actively managing more
   19         than a specified number of residents; providing an
   20         exception; deleting a provision prohibiting certified
   21         recovery residence administrators from actively
   22         managing more than three recovery residences; amending
   23         s. 397.501, F.S.; requiring service providers to
   24         return an individual’s personal effects upon the
   25         individual’s discharge; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (7) of section 394.76, Florida
   30  Statutes, is amended to read:
   31         394.76 Financing of district programs and services.—If the
   32  local match funding level is not provided in the General
   33  Appropriations Act or the substantive bill implementing the
   34  General Appropriations Act, such funding level shall be provided
   35  as follows:
   36         (7) The expenditures which are subject to state payment
   37  include expenditures that are approved in the district plan for:
   38  salaries of personnel; approved facilities and services provided
   39  through contract; operation, maintenance, and service cost;
   40  contingency management programs authorized by a managing entity,
   41  and subject to limitations on value imposed by the Federal
   42  Government or department rule, in which participants are
   43  provided noncash incentives for positive progress in their
   44  recovery under the care of a publicly funded substance abuse
   45  treatment provider; depreciation of facilities; and such other
   46  expenditures as may be approved by the district administrator.
   47  Such expenditures do not include expenditures for compensation
   48  to members of a community agency board, except the actual and
   49  necessary expenses incurred in the performance of official
   50  duties, or expenditures for a purpose for which state payment is
   51  claimed under any other provision of law.
   52         Section 2. Paragraph (j) is added to subsection (1) of
   53  section 397.403, Florida Statutes, to read:
   54         397.403 License application.—
   55         (1) Applicants for a license under this chapter must apply
   56  to the department on forms provided by the department and in
   57  accordance with rules adopted by the department. Applications
   58  must include at a minimum:
   59         (j) The names and locations of any recovery residences to
   60  which the applicant service provider plans to refer patients or
   61  from which the applicant service provider plans to accept
   62  patients.
   63         Section 3. Section 397.4104, Florida Statutes, is created
   64  to read:
   65         397.4104Record of recovery residences used by service
   66  providers.—
   67         (1)By July 1, 2022, a service provider shall record in the
   68  department’s Provider Licensure and Designations System the name
   69  and location of each recovery residence that the service
   70  provider has referred patients to or received patients from and
   71  update the record with any changes that occur. A service
   72  provider must update such record within 30 business days after
   73  the change.
   74         (2)Beginning July 1, 2022, a licensed service provider
   75  that violates this section is subject to an administrative fine
   76  of $1,000 per occurrence. The department may suspend or revoke a
   77  service provider’s license pursuant to s. 397.415 for repeat
   78  violations of this section.
   79         Section 4. Subsection (8) of section 397.4871, Florida
   80  Statutes, is amended to read:
   81         397.4871 Recovery residence administrator certification.—
   82         (8)(a) A certified recovery residence administrator must
   83  demonstrate the ability to effectively and appropriately respond
   84  to the needs of residents, to maintain residence standards, and
   85  to meet the certification requirements of this section.
   86         (b) A certified recovery residence administrator may not
   87  actively manage more than 50 residents at any given time unless
   88  written justification is provided to, and approved by, the
   89  credentialing entity as to how the administrator is able to
   90  effectively and appropriately respond to the needs of the
   91  residents, to maintain residence standards, and to meet the
   92  residence certification requirements of this section. However, a
   93  certified recovery residence administrator may not actively
   94  manage more than 100 residents no more than three recovery
   95  residences at any given time.
   96         Section 5. Subsection (5) of section 397.501, Florida
   97  Statutes, is amended to read:
   98         397.501 Rights of individuals.—Individuals receiving
   99  substance abuse services from any service provider are
  100  guaranteed protection of the rights specified in this section,
  101  unless otherwise expressly provided, and service providers must
  102  ensure the protection of such rights.
  103         (5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS.—An
  104  individual has the right to possess clothing and other personal
  105  effects. The service provider may take temporary custody of the
  106  individual’s personal effects only when required for medical or
  107  safety reasons, with the reason for taking custody and a list of
  108  the personal effects recorded in the individual’s clinical
  109  record. A service provider shall return an individual’s personal
  110  effects upon the individual’s discharge, even if the discharge
  111  is against medical advice.
  112         Section 6. This act shall take effect upon becoming a law.