HOUSE AMENDMENT
    571-186AX-08                               Bill No. CS/HB 1073
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Andrews offered the following:
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13         Amendment (with title amendment) 
14         On page 6, between lines 16 and 17, of the bill
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16  insert:  
17         Section 3.  Section 394.8781, Florida Statutes, is
18  created to read:
19         394.8781  Behavioral health, mental health, and
20  substance abuse services.--
21         (1)  Any person, facility, or program offering or
22  providing behavioral health, mental health, or substance abuse
23  services, including halfway houses, "sober houses," or any
24  other transitional strategies, is required to be licensed by
25  the department. For purposes of this section, "halfway houses,
26  'sober houses,' and any other transitional strategies" means
27  any facility, including, but not limited to, hotels, motels,
28  rooming houses, transient apartments, condominimums, or bed
29  and breakfasts, in which a client or patient resides while
30  undergoing counseling or treatment for behavioral health,
31  mental health, or substance abuse, other than the individual's
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    File original & 9 copies    04/23/01                          
    hbd0007                     10:43 am         01073-0087-031871

HOUSE AMENDMENT 571-186AX-08 Bill No. CS/HB 1073 Amendment No. ___ (for drafter's use only) 1 personal, private residence. This subsection applies to the 2 licensee regardless of the licensee's status as a public or 3 private, for-profit or nonprofit entity. 4 (2) The acceptance of accreditation of any behavioral 5 health, mental health, or substance abuse facility, program, 6 or transitional strategies by outside organizations in lieu of 7 licensing by the department is prohibited. This subsection 8 applies to the licensee regardless of the licensee's status as 9 a public or private, for-profit or nonprofit entity. 10 (3) The licensing agency for behavioral health, mental 11 health, and substance abuse facilities and programs, including 12 transitional strategies, shall conduct a complete background 13 check on all persons owning, operating, and employed by such 14 facilities, including all members of advisory committees or 15 boards of directors, whether they are voluntary or have a 16 financial interest in the facility, program, or transitional 17 strategies. The cost of the background check shall be borne by 18 the applicant for the license. A license shall not be issued 19 if any such person has been convicted of, entered a plea of 20 guilty or nolo contendere to, or has had adjudication withheld 21 for a violation of s. 893.135, Florida Statutes, pertaining to 22 trafficking in controlled substances, or any other felony; or 23 for a violation of the law of another state, the District of 24 Columbia, the United States or any possession or territory 25 thereof, or any foreign jurisdiction which is substantially 26 similar in elements and penalties to a trafficking offense in 27 this state, unless the person's civil rights have been 28 restored. 29 (4) Halfway houses, "sober houses," and any other 30 residential facilities, programs, or strategies shall provide 31 to the department official documents for proof of compliance 2 File original & 9 copies 04/23/01 hbd0007 10:43 am 01073-0087-031871
HOUSE AMENDMENT 571-186AX-08 Bill No. CS/HB 1073 Amendment No. ___ (for drafter's use only) 1 with local laws and ordinances related to zoning, health, 2 fire, and safety. 3 (5) Halfway houses, "sober houses," and any other 4 residential facilities, programs, or strategies are required 5 to comply with all laws and rules for transient facilities 6 established by the Division of Hotels, Motels, and Restaurants 7 of the Department of Business and Professional Regulation. 8 (6) The licensing agency for behavioral health, mental 9 health, and substance abuse facilities and programs shall 10 conduct periodic, unannounced inspections of all facilities 11 and programs, including halfway houses, "sober houses," and 12 any other transitional strategies. The cost of inspections and 13 reinspections shall be borne by the licensee. Inspections 14 shall include audits of client or patient records, as 15 applicable, treatment protocols, and all health, safety, 16 welfare, and civil rights of persons being treated for 17 behavioral health, mental health, or substance abuse. There 18 shall be a minimum of four inspections per year, not counting 19 followup inspections to determine corrections to violations. 20 (7) All facilities and programs providing behavioral 21 health, mental health, or substance abuse services, including 22 halfway houses, "sober houses," or any transitional 23 facilities, shall maintain records of all clients, patients, 24 or residents, as applicable, and shall establish a database on 25 success and failure rates. 26 (8) Behavioral health, mental health, or substance 27 abuse facilities, programs, or services, including halfway 28 houses, "sober houses," or any transitional facilities, are 29 prohibited from providing services or treatments to adults and 30 minors unless separate living and separate treatment 31 facilities are provided. 3 File original & 9 copies 04/23/01 hbd0007 10:43 am 01073-0087-031871
HOUSE AMENDMENT 571-186AX-08 Bill No. CS/HB 1073 Amendment No. ___ (for drafter's use only) 1 Section 4. Subsection (6) is added to section 397.401, 2 Florida Statutes, to read: 3 397.401 License required; penalty; injunction; rules 4 waivers.-- 5 (6) Any person, facility, or program offering 6 behavioral health, mental health, or substance abuse services, 7 including halfway houses, "sober houses," or any other 8 transitional strategies, is required to be licensed by the 9 department pursuant to s. 394.8781. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 2, line 1, after the semicolon, 15 16 insert: 17 creating s. 394.8781, F.S.; providing 18 requirements relating to persons, facilities, 19 and programs offering behavioral health, mental 20 health, and substance abuse services; providing 21 for licensure, background checks, compliance 22 with laws and rules for transient facilities 23 and with local laws and ordinances, 24 inspections, recordkeeping, and separate 25 facilities for minors; amending s. 397.401, 26 F.S.; requiring persons, facilities, and 27 programs offering behavioral health, mental 28 health, and substance abuse services to be 29 licensed pursuant to s. 394.8781, F.S.; 30 31 4 File original & 9 copies 04/23/01 hbd0007 10:43 am 01073-0087-031871