Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 326
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/11/2015           .                                

       Appropriations Subcommittee on Health and Human Services (Smith)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (7) and (32) of section
    6  397.311, Florida Statutes, are amended, present subsections (4)
    7  and (5), present subsections (6) through (28), and present
    8  subsections (29) through (39) are renumbered as subsections (7)
    9  and (8), subsections (10) through (32), and subsections (35)
   10  through (45), respectively, new subsections (4), (5), (6), (9),
   11  (33), and (34) are added to that section, to read:
   12         397.311 Definitions.—As used in this chapter, except part
   13  VIII, the term:
   14         (4) “Certificate of compliance” means a certificate that is
   15  issued by a credentialing entity to a recovery residence or a
   16  recovery residence administrator.
   17         (5) “Certified recovery residence” means a recovery
   18  residence that holds a valid certificate of compliance and is
   19  actively managed by a certified recovery residence
   20  administrator.
   21         (6) “Certified recovery residence administrator” means a
   22  recovery residence administrator who holds a valid certificate
   23  of compliance.
   24         (9) “Credentialing entity” means a nonprofit organization
   25  that develops and administers professional, facility, or
   26  organization certification programs according to applicable
   27  nationally recognized certification or psychometric standards.
   28         (11)(7) “Director” means the chief administrative or
   29  executive officer of a service provider or recovery residence.
   30         (33) “Recovery residence” means a residential dwelling
   31  unit, or other form of group housing, which is offered or
   32  advertised through any means, including oral, written,
   33  electronic, or printed means, by any person or entity as a
   34  residence that provides a peer-supported, alcohol-free, and
   35  drug-free living environment.
   36         (34) “Recovery residence administrator” means the person
   37  responsible for the overall management of the recovery
   38  residence, including, but not limited to, the supervision of
   39  residents and staff employed by, or volunteering for, the
   40  residence.
   41         (38)(32) “Service component” or “component” means a
   42  discrete operational entity within a service provider which is
   43  subject to licensing as defined by rule. Service components
   44  include prevention, intervention, and clinical treatment
   45  described in subsection (22) (18).
   46         Section 2. Section 397.487, Florida Statutes, is created to
   47  read:
   48         397.487 Voluntary certification of recovery residences.—
   49         (1) The Legislature finds that a person suffering from
   50  addiction has a higher success rate of achieving long-lasting
   51  sobriety when given the opportunity to build a stronger
   52  foundation by living in a recovery residence after completing
   53  treatment. The Legislature further finds that this state and its
   54  subdivisions have a legitimate state interest in protecting
   55  these persons, who represent a vulnerable consumer population in
   56  need of adequate housing. It is the intent of the Legislature to
   57  protect persons who reside in a recovery residence.
   58         (2) The department shall approve at least one credentialing
   59  entity by December 1, 2015, for the purpose of developing and
   60  administering a voluntary certification program for recovery
   61  residences. The approved credentialing entity shall:
   62         (a) Establish recovery residence certification
   63  requirements.
   64         (b) Establish procedures to:
   65         1. Administer the application, certification,
   66  recertification, and disciplinary processes.
   67         2. Monitor and inspect a recovery residence and its staff
   68  to ensure compliance with certification requirements.
   69         3. Interview and evaluate residents, employees, and
   70  volunteer staff on their knowledge and application of
   71  certification requirements.
   72         (c) Provide training for owners, managers, and staff.
   73         (d) Develop a code of ethics.
   74         (e) Establish application, inspection, and annual
   75  certification renewal fees. The application fee may not exceed
   76  $100. Any onsite inspection fee shall reflect actual costs for
   77  inspections. The annual certification renewal fee may not exceed
   78  $100.
   79         (3) A credentialing entity shall require the recovery
   80  residence to submit the following documents with the completed
   81  application and fee:
   82         (a) A policy and procedures manual containing:
   83         1. Job descriptions for all staff positions.
   84         2. Drug-testing procedures and requirements.
   85         3. A prohibition on the premises against alcohol, illegal
   86  drugs, and the use of prescribed medications by an individual
   87  other than the individual for whom the medication is prescribed.
   88         4. Policies to support a resident’s recovery efforts.
   89         5. A good neighbor policy to address neighborhood concerns
   90  and complaints.
   91         (b) Rules for residents.
   92         (c) Copies of all forms provided to residents.
   93         (d) Intake procedures.
   94         (e) Sexual Offender/Predator Registry Compliance Policy
   95         (f) Relapse policy.
   96         (g) Fee schedule.
   97         (h) Refund policy.
   98         (i) Eviction procedures and policy.
   99         (j) Code of ethics.
  100         (k) Proof of insurance.
  101         (l) Proof of background screening.
  102         (m) Proof of satisfactory fire, safety, and health
  103  inspections.
  104         (4) A certified recovery residence must be actively managed
  105  by a certified recovery residence administrator. All
  106  applications for certification must include the name of the
  107  certified recovery residence administrator who will be actively
  108  managing the applicant recovery residence.
  109         (5) Upon receiving a completed application and fee, a
  110  credentialing entity shall conduct an onsite inspection of the
  111  recovery residence.
  112         (6) All owners, directors, and chief financial officers of
  113  an applicant recovery residence are subject to level 2
  114  background screening as provided under chapter 435. A recovery
  115  residence is ineligible for certification, and a credentialing
  116  entity shall deny a recovery residence’s application if any
  117  owner, director, or chief financial officer has been found
  118  guilty of, regardless of adjudication, or has entered a plea of
  119  nolo contendere or guilty to any offense listed in s. 435.04(2),
  120  unless the department has issued an exemption under s. 397.4872.
  121  In accordance with s. 435.04, the department shall notify the
  122  credentialing agency of an owner’s, director’s or chief
  123  financial officer’s eligibility based on the results of a
  124  background screening.
  125         (7) A credentialing entity shall issue a certificate of
  126  compliance upon approval of the recovery residence’s application
  127  and inspection. The certification shall automatically terminate
  128  1 year after issuance if not renewed.
  129         (8)Onsite followup monitoring of any certified recovery
  130  residence may be conducted by the credentialing entity to
  131  determine continuing compliance with certification requirements.
  132  The credentialing entity shall inspect each certified recovery
  133  residence at least annually to ensure compliance.
  134         (a)A credentialing entity may suspend or revoke a
  135  certificate of compliance if the recovery residence is not in
  136  compliance with any provision of this section or has failed to
  137  remedy any deficiency identified by the credentialing entity
  138  within the time period specified.
  139         (b) A certified recovery residence must notify the
  140  credentialing entity within 3 business days of the removal of
  141  the recovery residence’s certified recovery residence
  142  administrator due to termination, resignation or any other
  143  reason. The recovery residence shall have 30 days to retain a
  144  certified recovery residence administrator. The credentialing
  145  entity shall revoke the certificate of compliance of any
  146  recovery residence that fails to meet these requirements.
  147         (c)If any owner, director, or chief financial officer of a
  148  certified recovery residence is arrested or found guilty of,
  149  regardless of adjudication, or has entered a plea of nolo
  150  contendere or guilty to any offense listed in s. 435.04(2),
  151  while acting in that capacity, the certified recovery residence
  152  shall immediately remove the person from that position and shall
  153  notify the credentialing entity within 3 business days after
  154  such removal. The credentialing entity shall revoke the
  155  certificate of compliance of any recovery residence that fails
  156  to meet these requirements.
  157         (d) A credentialing entity shall revoke a recovery
  158  residence’s certificate of compliance if the recovery residence
  159  provides false or misleading information to the credentialing
  160  entity at any time.
  161         (9) A person may not advertise to the public, in any way or
  162  by any medium whatsoever, any recovery residence as a “certified
  163  recovery residence” unless such recovery residence has first
  164  secured a certificate of compliance under this section. A person
  165  who violates this subsection commits a misdemeanor of the first
  166  degree, punishable as provided in s. 775.082 or s. 775.083.
  167         Section 3. Section 397.4871, Florida Statutes, is created
  168  to read:
  169         397.4871 Recovery residence administrator certification.—
  170         (1) It is the intent of the Legislature that a recovery
  171  residence administrator voluntarily earn and maintain
  172  certification from a credentialing entity approved by the
  173  Department of Children and Families. The Legislature further
  174  intends that certification ensure that an administrator has the
  175  competencies necessary to appropriately respond to the needs of
  176  residents, to maintain residence standards, and to meet
  177  residence certification requirements.
  178         (2) The department shall approve at least one credentialing
  179  entity by December 1, 2015, for the purpose of developing and
  180  administering a voluntary credentialing program for
  181  administrators. The department shall approve any credentialing
  182  entity that the department endorses pursuant to s. 397.321(16)
  183  if the credentialing entity also meets the requirements of this
  184  section. The approved credentialing entity shall:
  185         (a) Establish recovery residence administrator core
  186  competencies, certification requirements, testing instruments,
  187  and recertification requirements according to applicable
  188  nationally recognized certification and psychometric standards.
  189         (b) Establish a process to administer the certification
  190  application, award, and maintenance processes.
  191         (c) Develop and administer:
  192         1. A code of ethics and disciplinary process.
  193         2. Biennial continuing education requirements and annual
  194  certification renewal requirements.
  195         3. An education provider program to approve training
  196  entities that are qualified to provide precertification training
  197  to applicants and continuing education opportunities to
  198  certified persons.
  199         (3) A credentialing entity shall establish a certification
  200  program that:
  201         (a) Is established according to applicable nationally
  202  recognized certification and psychometric standards.
  203         (b) Is directly related to the core competencies.
  204         (c) Establishes minimum requirements in each of the
  205  following categories:
  206         1. Training.
  207         2. On-the-job work experience.
  208         3. Supervision.
  209         4. Testing.
  210         5. Biennial continuing education.
  211         (d) Requires adherence to a code of ethics and provides for
  212  a disciplinary process that applies to certified persons.
  213         (e) Approves qualified training entities that provide
  214  precertification training to applicants and continuing education
  215  to certified recovery residence administrators. To avoid a
  216  conflict of interest, a credentialing entity or its affiliate
  217  may not deliver training to an applicant or continuing education
  218  to a certificateholder.
  219         (4) A credentialing entity shall establish application,
  220  examination, and certification fees and an annual certification
  221  renewal fee. The application, examination, and certification
  222  fees may not exceed $225. The annual certification renewal fee
  223  may not exceed $100.
  224         (5) All applicants are subject to level 2 background
  225  screening as provided under chapter 435. An applicant is
  226  ineligible, and a credentialing entity shall deny the
  227  application if the applicant has been found guilty of,
  228  regardless of adjudication, or has entered a plea of nolo
  229  contendere or guilty to any offense listed in s. 435.04(2),
  230  unless the department has issued an exemption under s. 397.4872.
  231  In accordance with s. 435.04, the department shall notify the
  232  credentialing agency of the applicant’s eligibility based on the
  233  results of a background screening.
  234         (6) The credentialing entity shall issue a certificate of
  235  compliance upon approval of a person’s application. The
  236  certification shall automatically terminate 1 year after
  237  issuance if not renewed.
  238         (a) A credentialing entity may suspend or revoke the
  239  recovery residence administrator’s certificate of compliance if
  240  the recovery residence administrator fails to adhere to the
  241  continuing education requirements.
  242         (b) If a certified recovery residence administrator of a
  243  recovery residence is arrested or found guilty of, regardless of
  244  adjudication, or has entered a plea of nolo contendere or guilty
  245  to any offense listed in s. 435.04(2), the recovery residence
  246  shall immediately remove the recovery residence administrator
  247  from that position and shall notify the credentialing entity
  248  within 3 business days after such removal. The recovery
  249  residence shall have 30 days to retain a certified recovery
  250  residence administrator. The credentialing entity shall revoke
  251  the certificate of compliance of any recovery residence which
  252  fails to meet these requirements.
  253         (c) A credentialing entity shall revoke a recovery
  254  residence administrator’s certificate of compliance if the
  255  recovery residence administrator provides false or misleading
  256  information to the credentialing entity at any time.
  257         (7) A person may not advertise himself or herself to the
  258  public, in any way or by any medium whatsoever, as a “certified
  259  recovery residence administrator” unless he or she has first
  260  secured a certificate of compliance under this section. A person
  261  who violates this subsection commits a misdemeanor of the first
  262  degree, punishable as provided in s. 775.082 or s. 775.083.
  263         (8) A certified recovery residence administrator may not
  264  actively manage more than one recovery residence at any given
  265  time.
  266         Section 4. Section 397.4872, Florida Statutes, is created
  267  to read:
  268         397.4872 Exemption from disqualification; publication.—
  269         (1) Individual exemptions from staff disqualification or
  270  administrator ineligibility may be requested if a recovery
  271  residence deems the decision will benefit the program. Requests
  272  for exemptions shall be submitted in writing to the department
  273  within 20 days of the denial by the credentialing entity and
  274  must include a justification for the exemption.
  275         (2) The department may exempt a person from ss. 397.487(6)
  276  and 397.4871(5) if it has been at least 3 years since the person
  277  has completed or been lawfully released from confinement,
  278  supervision, or sanction for the disqualifying offense. An
  279  exemption from the disqualifying offenses may not be given under
  280  any circumstances for any person who is a:
  281         (a) Sexual predator pursuant to s. 775.21;
  282         (b) Career offender pursuant to s. 775.261; or
  283         (c) Sexual offender pursuant to s. 943.0435, unless the
  284  requirement to register as a sexual offender has been removed
  285  pursuant to s. 943.04354.
  286         (3) By April 1, 2016, each credentialing entity shall
  287  submit a list to the department of all recovery residences and
  288  recovery residence administrators certified by the credentialing
  289  entity which hold a valid certificate of compliance. Thereafter,
  290  the credentialing entity must notify the department within 3
  291  business days after a new recovery residence or recovery
  292  residence administrator is certified or a recovery residence’s
  293  or recovery residence administrator’s certificate expires or is
  294  terminated. The department shall publish on its website a list
  295  of all recovery residences that hold a valid certificate of
  296  compliance. The department shall also publish on its website a
  297  list of all recovery residence administrators that hold a valid
  298  certificate of compliance. A recovery residence or recovery
  299  residence administrator shall be excluded from the list upon
  300  written request to the department by the listed individual or
  301  entity.
  302         Section 5. Subsections (1) and (5) of section 397.407,
  303  Florida Statutes, are amended, and subsection (11) is added to
  304  that section, to read:
  305         397.407 Licensure process; fees.—
  306         (1) The department shall establish by rule the licensure
  307  process to include fees and categories of licenses. The rule
  308  must prescribe a fee range that is based, at least in part, on
  309  the number and complexity of programs listed in s. 397.311(22)
  310  397.311(18) which are operated by a licensee. The fees from the
  311  licensure of service components are sufficient to cover at least
  312  50 percent of the costs of regulating the service components.
  313  The department shall specify by rule a fee range for public and
  314  privately funded licensed service providers. Fees for privately
  315  funded licensed service providers must exceed the fees for
  316  publicly funded licensed service providers. During adoption of
  317  the rule governing the licensure process and fees, the
  318  department shall carefully consider the potential adverse impact
  319  on small, not-for-profit service providers.
  320         (5) The department may issue probationary, regular, and
  321  interim licenses. After adopting the rule governing the
  322  licensure process and fees, the department shall issue one
  323  license for each service component that is operated by a service
  324  provider and defined in rule pursuant to s. 397.311(22)
  325  397.311(18). The license is valid only for the specific service
  326  components listed for each specific location identified on the
  327  license. The licensed service provider shall apply for a new
  328  license at least 60 days before the addition of any service
  329  components or 30 days before the relocation of any of its
  330  service sites. Provision of service components or delivery of
  331  services at a location not identified on the license may be
  332  considered an unlicensed operation that authorizes the
  333  department to seek an injunction against operation as provided
  334  in s. 397.401, in addition to other sanctions authorized by s.
  335  397.415. Probationary and regular licenses may be issued only
  336  after all required information has been submitted. A license may
  337  not be transferred. As used in this subsection, the term
  338  “transfer” includes, but is not limited to, the transfer of a
  339  majority of the ownership interest in the licensed entity or
  340  transfer of responsibilities under the license to another entity
  341  by contractual arrangement.
  342         (11) Effective July 1, 2016, a service provider licensed
  343  under this part may not refer a current or discharged patient to
  344  a recovery residence unless the recovery residence holds a valid
  345  certificate of compliance as provided in s. 397.487 and is
  346  actively managed by a certified recovery residence administrator
  347  as provided in s. 397.4871, or is owned and operated by a
  348  licensed service provider or a licensed service provider’s
  349  wholly owned subsidiary. For purposes of this subsection, the
  350  term “refer” means to inform a patient by any means about the
  351  name, address, or other details of the recovery residence.
  352  However, this subsection does not require a licensed service
  353  provider to refer any patient to a recovery residence.
  354         Section 6. Paragraph (e) of subsection (5) of section
  355  212.055, Florida Statutes, is amended to read:
  356         212.055 Discretionary sales surtaxes; legislative intent;
  357  authorization and use of proceeds.—It is the legislative intent
  358  that any authorization for imposition of a discretionary sales
  359  surtax shall be published in the Florida Statutes as a
  360  subsection of this section, irrespective of the duration of the
  361  levy. Each enactment shall specify the types of counties
  362  authorized to levy; the rate or rates which may be imposed; the
  363  maximum length of time the surtax may be imposed, if any; the
  364  procedure which must be followed to secure voter approval, if
  365  required; the purpose for which the proceeds may be expended;
  366  and such other requirements as the Legislature may provide.
  367  Taxable transactions and administrative procedures shall be as
  368  provided in s. 212.054.
  369         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  370  s. 125.011(1) may levy the surtax authorized in this subsection
  371  pursuant to an ordinance either approved by extraordinary vote
  372  of the county commission or conditioned to take effect only upon
  373  approval by a majority vote of the electors of the county voting
  374  in a referendum. In a county as defined in s. 125.011(1), for
  375  the purposes of this subsection, “county public general
  376  hospital” means a general hospital as defined in s. 395.002
  377  which is owned, operated, maintained, or governed by the county
  378  or its agency, authority, or public health trust.
  379         (e) A governing board, agency, or authority shall be
  380  chartered by the county commission upon this act becoming law.
  381  The governing board, agency, or authority shall adopt and
  382  implement a health care plan for indigent health care services.
  383  The governing board, agency, or authority shall consist of no
  384  more than seven and no fewer than five members appointed by the
  385  county commission. The members of the governing board, agency,
  386  or authority shall be at least 18 years of age and residents of
  387  the county. No member may be employed by or affiliated with a
  388  health care provider or the public health trust, agency, or
  389  authority responsible for the county public general hospital.
  390  The following community organizations shall each appoint a
  391  representative to a nominating committee: the South Florida
  392  Hospital and Healthcare Association, the Miami-Dade County
  393  Public Health Trust, the Dade County Medical Association, the
  394  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  395  County. This committee shall nominate between 10 and 14 county
  396  citizens for the governing board, agency, or authority. The
  397  slate shall be presented to the county commission and the county
  398  commission shall confirm the top five to seven nominees,
  399  depending on the size of the governing board. Until such time as
  400  the governing board, agency, or authority is created, the funds
  401  provided for in subparagraph (d)2. shall be placed in a
  402  restricted account set aside from other county funds and not
  403  disbursed by the county for any other purpose.
  404         1. The plan shall divide the county into a minimum of four
  405  and maximum of six service areas, with no more than one
  406  participant hospital per service area. The county public general
  407  hospital shall be designated as the provider for one of the
  408  service areas. Services shall be provided through participants’
  409  primary acute care facilities.
  410         2. The plan and subsequent amendments to it shall fund a
  411  defined range of health care services for both indigent persons
  412  and the medically poor, including primary care, preventive care,
  413  hospital emergency room care, and hospital care necessary to
  414  stabilize the patient. For the purposes of this section,
  415  “stabilization” means stabilization as defined in s. 397.311(41)
  416  397.311(35). Where consistent with these objectives, the plan
  417  may include services rendered by physicians, clinics, community
  418  hospitals, and alternative delivery sites, as well as at least
  419  one regional referral hospital per service area. The plan shall
  420  provide that agreements negotiated between the governing board,
  421  agency, or authority and providers shall recognize hospitals
  422  that render a disproportionate share of indigent care, provide
  423  other incentives to promote the delivery of charity care to draw
  424  down federal funds where appropriate, and require cost
  425  containment, including, but not limited to, case management.
  426  From the funds specified in subparagraphs (d)1. and 2. for
  427  indigent health care services, service providers shall receive
  428  reimbursement at a Medicaid rate to be determined by the
  429  governing board, agency, or authority created pursuant to this
  430  paragraph for the initial emergency room visit, and a per-member
  431  per-month fee or capitation for those members enrolled in their
  432  service area, as compensation for the services rendered
  433  following the initial emergency visit. Except for provisions of
  434  emergency services, upon determination of eligibility,
  435  enrollment shall be deemed to have occurred at the time services
  436  were rendered. The provisions for specific reimbursement of
  437  emergency services shall be repealed on July 1, 2001, unless
  438  otherwise reenacted by the Legislature. The capitation amount or
  439  rate shall be determined prior to program implementation by an
  440  independent actuarial consultant. In no event shall such
  441  reimbursement rates exceed the Medicaid rate. The plan must also
  442  provide that any hospitals owned and operated by government
  443  entities on or after the effective date of this act must, as a
  444  condition of receiving funds under this subsection, afford
  445  public access equal to that provided under s. 286.011 as to any
  446  meeting of the governing board, agency, or authority the subject
  447  of which is budgeting resources for the retention of charity
  448  care, as that term is defined in the rules of the Agency for
  449  Health Care Administration. The plan shall also include
  450  innovative health care programs that provide cost-effective
  451  alternatives to traditional methods of service and delivery
  452  funding.
  453         3. The plan’s benefits shall be made available to all
  454  county residents currently eligible to receive health care
  455  services as indigents or medically poor as defined in paragraph
  456  (4)(d).
  457         4. Eligible residents who participate in the health care
  458  plan shall receive coverage for a period of 12 months or the
  459  period extending from the time of enrollment to the end of the
  460  current fiscal year, per enrollment period, whichever is less.
  461         5. At the end of each fiscal year, the governing board,
  462  agency, or authority shall prepare an audit that reviews the
  463  budget of the plan, delivery of services, and quality of
  464  services, and makes recommendations to increase the plan’s
  465  efficiency. The audit shall take into account participant
  466  hospital satisfaction with the plan and assess the amount of
  467  poststabilization patient transfers requested, and accepted or
  468  denied, by the county public general hospital.
  469         Section 7. Subsection (6) of section 394.9085, Florida
  470  Statutes, is amended to read:
  471         394.9085 Behavioral provider liability.—
  472         (6) For purposes of this section, the terms “detoxification
  473  services,” “addictions receiving facility,” and “receiving
  474  facility” have the same meanings as those provided in ss.
  475  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  476  397.311(18)(a)1., and 394.455(26), respectively.
  477         Section 8. Subsection (8) of section 397.405, Florida
  478  Statutes, is amended to read:
  479         397.405 Exemptions from licensure.—The following are exempt
  480  from the licensing provisions of this chapter:
  481         (8) A legally cognizable church or nonprofit religious
  482  organization or denomination providing substance abuse services,
  483  including prevention services, which are solely religious,
  484  spiritual, or ecclesiastical in nature. A church or nonprofit
  485  religious organization or denomination providing any of the
  486  licensed service components itemized under s. 397.311(22)
  487  397.311(18) is not exempt from substance abuse licensure but
  488  retains its exemption with respect to all services which are
  489  solely religious, spiritual, or ecclesiastical in nature.
  491  The exemptions from licensure in this section do not apply to
  492  any service provider that receives an appropriation, grant, or
  493  contract from the state to operate as a service provider as
  494  defined in this chapter or to any substance abuse program
  495  regulated pursuant to s. 397.406. Furthermore, this chapter may
  496  not be construed to limit the practice of a physician or
  497  physician assistant licensed under chapter 458 or chapter 459, a
  498  psychologist licensed under chapter 490, a psychotherapist
  499  licensed under chapter 491, or an advanced registered nurse
  500  practitioner licensed under part I of chapter 464, who provides
  501  substance abuse treatment, so long as the physician, physician
  502  assistant, psychologist, psychotherapist, or advanced registered
  503  nurse practitioner does not represent to the public that he or
  504  she is a licensed service provider and does not provide services
  505  to individuals pursuant to part V of this chapter. Failure to
  506  comply with any requirement necessary to maintain an exempt
  507  status under this section is a misdemeanor of the first degree,
  508  punishable as provided in s. 775.082 or s. 775.083.
  509         Section 9. Section 397.416, Florida Statutes, is amended to
  510  read:
  511         397.416 Substance abuse treatment services; qualified
  512  professional.—Notwithstanding any other provision of law, a
  513  person who was certified through a certification process
  514  recognized by the former Department of Health and Rehabilitative
  515  Services before January 1, 1995, may perform the duties of a
  516  qualified professional with respect to substance abuse treatment
  517  services as defined in this chapter, and need not meet the
  518  certification requirements contained in s. 397.311(30)
  519  397.311(26).
  520         Section 10. Paragraphs (d) and (g) of subsection (1) of
  521  section 440.102, Florida Statutes, are amended to read:
  522         440.102 Drug-free workplace program requirements.—The
  523  following provisions apply to a drug-free workplace program
  524  implemented pursuant to law or to rules adopted by the Agency
  525  for Health Care Administration:
  526         (1) DEFINITIONS.—Except where the context otherwise
  527  requires, as used in this act:
  528         (d) “Drug rehabilitation program” means a service provider,
  529  established pursuant to s. 397.311(39) 397.311(33), that
  530  provides confidential, timely, and expert identification,
  531  assessment, and resolution of employee drug abuse.
  532         (g) “Employee assistance program” means an established
  533  program capable of providing expert assessment of employee
  534  personal concerns; confidential and timely identification
  535  services with regard to employee drug abuse; referrals of
  536  employees for appropriate diagnosis, treatment, and assistance;
  537  and followup services for employees who participate in the
  538  program or require monitoring after returning to work. If, in
  539  addition to the above activities, an employee assistance program
  540  provides diagnostic and treatment services, these services shall
  541  in all cases be provided by service providers pursuant to s.
  542  397.311(39) 397.311(33).
  543         Section 11. This act shall take effect July 1, 2015.
  545  ================= T I T L E  A M E N D M E N T ================
  546  And the title is amended as follows:
  547         Delete everything before the enacting clause
  548  and insert:
  549                        A bill to be entitled                      
  550         An act relating to substance abuse services; amending
  551         s. 397.311, F.S.; providing definitions; conforming a
  552         cross-reference; creating s. 397.487, F.S.; providing
  553         legislative findings and intent; requiring the
  554         Department of Children and Families to create a
  555         voluntary certification program for recovery
  556         residences; directing the department to approve at
  557         least one credentialing entity by a specified date to
  558         develop and administer the certification program;
  559         requiring an approved credentialing entity to
  560         establish procedures for certifying recovery
  561         residences that meet certain qualifications; requiring
  562         an approved credentialing entity to establish certain
  563         fees; requiring a credentialing entity to conduct
  564         onsite inspections of a recovery residence; requiring
  565         background screening of owners, directors, and chief
  566         financial officers of a recovery residence; providing
  567         for denial, suspension, or revocation of
  568         certification; requiring a certified recovery
  569         residence to notify the credentialing entity within a
  570         certain time of the removal of the recovery
  571         residence’s certified recovery residence
  572         administrator; providing a criminal penalty for
  573         falsely advertising a recovery residence as a
  574         “certified recovery residence”; creating s. 397.4871,
  575         F.S.; providing legislative intent; requiring the
  576         department to create a voluntary certification program
  577         for recovery residence administrators; directing the
  578         department to approve at least one credentialing
  579         entity by a specified date to develop and administer
  580         the certification program; requiring an approved
  581         credentialing entity to establish a process for
  582         certifying recovery residence administrators who meet
  583         certain qualifications; requiring a certifies recovery
  584         residence to be actively managed by a certified
  585         recovery residence administrator; requiring certain
  586         applications to include specified information;
  587         requiring an approved credentialing entity to
  588         establish certain fees; requiring background screening
  589         of applicants for recovery residence administrator
  590         certification; requiring the department to notify the
  591         credentialing agency of an applicant’s eligibility
  592         based on the background screening results; providing
  593         for denial, suspension, or revocation of
  594         certification; requiring a certified recovery
  595         residence to notify the credentialing entity within a
  596         certain time of the removal providing a criminal
  597         penalty for falsely advertising oneself as a
  598         “certified recovery residence administrator”;
  599         prohibiting a certified recovery residence
  600         administrator from actively managing more than once
  601         recovery residence at the same time; creating s.
  602         397.4872, F.S.; providing exemptions from
  603         disqualifying offenses; requiring credentialing
  604         entities to provide the department with a list of all
  605         certified recovery residences and recovery residence
  606         administrators by a date certain; requiring the
  607         department to publish the list on its website;
  608         allowing recovery residences and recovery residence
  609         administrators to be excluded from the list upon
  610         written request to the department; amending s.
  611         397.407, F.S.; conforming cross-references; providing
  612         conditions for a licensed service provider to refer
  613         patients to a certified recovery residence or a
  614         recovery residence owned and operated by the licensed
  615         service provider; defining the term “refer”; amending
  616         ss. 212.055, 394.9085, 397.405, 397.416, and 440.102,
  617         F.S.; conforming cross-references; providing an
  618         effective date.