Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 326
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2015           .                                

       The Committee on Children, Families, and Elder Affairs (Dean)
       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 or that
   19  is 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) Relapse policy.
   95         (f) Fee schedule.
   96         (g) Refund policy.
   97         (h) Eviction procedures and policy.
   98         (i) Code of ethics.
   99         (j) Proof of insurance.
  100         (k) Proof of background screening.
  101         (l) Proof of satisfactory fire, safety, and health
  102  inspections.
  103         (4) Upon receiving a completed application and fee, a
  104  credentialing entity shall conduct an onsite inspection of the
  105  recovery residence.
  106         (5) All owners, directors, and chief financial officers of
  107  an applicant recovery residence are subject to level 2
  108  background screening as provided under chapter 435. The
  109  department shall notify the credentialing entity of the results
  110  of the background screenings. A credentialing entity shall deny
  111  a recovery residence’s application if any owner, director, or
  112  chief financial officer has been found guilty of, regardless of
  113  adjudication, or has entered a plea of nolo contendere or guilty
  114  to any offense listed in s. 435.04(2), unless the department has
  115  issued an exemption under s. 397.4872.
  116         (6) A credentialing entity shall issue a certificate of
  117  compliance upon approval of the recovery residence’s application
  118  and inspection. The certification shall automatically terminate
  119  1 year after issuance if not renewed.
  120         (7)Onsite followup monitoring of any certified recovery
  121  residence may be conducted by the credentialing entity to
  122  determine continuing compliance with certification requirements.
  123  The credentialing entity shall inspect each certified recovery
  124  residence at least annually to ensure compliance.
  125         (a)A credentialing entity may suspend or revoke a
  126  certificate of compliance if the recovery residence is not in
  127  compliance with any provision of this section or has failed to
  128  remedy any deficiency identified by the credentialing entity
  129  within the time period specified.
  130         (b)If any owner, director, or chief financial officer of a
  131  certified recovery residence is arrested or found guilty of,
  132  regardless of adjudication, or has entered a plea of nolo
  133  contendere or guilty to any offense listed in s. 435.04(2),
  134  while acting in that capacity, the certified recovery residence
  135  shall immediately remove the person from that position and shall
  136  notify the credentialing entity within 3 business days after
  137  such removal. The credentialing entity shall revoke the
  138  certificate of compliance of any recovery residence that fails
  139  to meet these requirements.
  140         (c) A credentialing entity shall revoke a recovery
  141  residence’s certificate of compliance if the recovery residence
  142  provides false or misleading information to the credentialing
  143  entity at any time.
  144         (8) A person may not advertise to the public, in any way or
  145  by any medium whatsoever, any recovery residence as a “certified
  146  recovery residence” unless such recovery residence has first
  147  secured a certificate of compliance under this section. A person
  148  who violates this subsection commits a misdemeanor of the first
  149  degree, punishable as provided in s. 775.082 or s. 775.083.
  150         Section 3. Section 397.4871, Florida Statutes, is created
  151  to read:
  152         397.4871 Recovery residence administrator certification.—
  153         (1) It is the intent of the Legislature that a recovery
  154  residence administrator voluntarily earn and maintain
  155  certification from a credentialing entity approved by the
  156  Department of Children and Families. The Legislature further
  157  intends that certification ensure that an administrator has the
  158  competencies necessary to appropriately respond to the needs of
  159  residents, to maintain residence standards, and to meet
  160  residence certification requirements.
  161         (2) The department shall approve at least one credentialing
  162  entity by December 1, 2015, for the purpose of developing and
  163  administering a voluntary credentialing program for
  164  administrators. The department shall approve any credentialing
  165  entity that the department endorses pursuant to s. 397.321(16)
  166  if the credentialing entity also meets the requirements of this
  167  section. The approved credentialing entity shall:
  168         (a) Establish recovery residence administrator core
  169  competencies, certification requirements, testing instruments,
  170  and recertification requirements according to nationally
  171  recognized certification and psychometric standards.
  172         (b) Establish a process to administer the certification
  173  application, award, and maintenance processes.
  174         (c) Develop and administer:
  175         1. A code of ethics and disciplinary process.
  176         2. Biennial continuing education requirements and annual
  177  certification renewal requirements.
  178         3. An education provider program to approve training
  179  entities that are qualified to provide precertification training
  180  to applicants and continuing education opportunities to
  181  certified persons.
  182         (3) A credentialing entity shall establish a certification
  183  program that:
  184         (a) Is established according to nationally recognized
  185  certification and psychometric standards.
  186         (b) Is directly related to the core competencies.
  187         (c) Establishes minimum requirements in each of the
  188  following categories:
  189         1. Training.
  190         2. On-the-job work experience.
  191         3. Supervision.
  192         4. Testing.
  193         5. Biennial continuing education.
  194         (d) Requires adherence to a code of ethics and provides for
  195  a disciplinary process that applies to certified persons.
  196         (e) Approves qualified training entities that provide
  197  precertification training to applicants and continuing education
  198  to certified recovery residence administrators. To avoid a
  199  conflict of interest, a credentialing entity or its affiliate
  200  may not deliver training to an applicant or continuing education
  201  to a certificateholder.
  202         (4) A credentialing entity shall establish application,
  203  examination, and certification fees and an annual certification
  204  renewal fee. The application, examination, and certification
  205  fees may not exceed $225. The annual certification renewal fee
  206  may not exceed $100.
  207         (5) All applicants are subject to level 2 background
  208  screening as provided under chapter 435. The department shall
  209  notify the credentialing entity of the results of the background
  210  screenings. A credentialing entity shall deny a person’s
  211  application if the applicant has been found guilty of,
  212  regardless of adjudication, or has entered a plea of nolo
  213  contendere or guilty to any offense listed in s. 435.04(2),
  214  unless the department has issued an exemption under s. 397.4872.
  215         (6) The credentialing entity shall issue a certificate of
  216  compliance upon approval of a person’s application. The
  217  certification shall automatically terminate 1 year after
  218  issuance if not renewed.
  219         (a) A credentialing entity may suspend or revoke the
  220  recovery residence administrator’s certificate of compliance if
  221  the recovery residence administrator fails to adhere to the
  222  continuing education requirements.
  223         (b) If a certified recovery residence administrator of a
  224  recovery residence is arrested or found guilty of, regardless of
  225  adjudication, or has entered a plea of nolo contendere or guilty
  226  to any offense listed in s. 435.04(2), the recovery residence
  227  shall immediately remove the recovery residence administrator
  228  from that position and shall notify the credentialing entity
  229  within 3 business days after such removal. The recovery
  230  residence shall have 30 days to retain a certified recovery
  231  residence administrator. The credentialing entity shall revoke
  232  the certificate of compliance of any recovery residence which
  233  fails to meet these requirements.
  234         (c) A credentialing entity shall revoke a recovery
  235  residence administrator’s certificate of compliance if the
  236  recovery residence administrator provides false or misleading
  237  information to the credentialing entity at any time.
  238         (7) A person may not advertise himself or herself to the
  239  public, in any way or by any medium whatsoever, as a “certified
  240  recovery residence administrator” unless he or she has first
  241  secured a certificate of compliance under this section. A person
  242  who violates this subsection commits a misdemeanor of the first
  243  degree, punishable as provided in s. 775.082 or s. 775.083.
  244         (8) A certified recovery residence administrator may
  245  qualify a recovery residence for referrals under s. 397.407(11)
  246  if the certified recovery residence administrator:
  247         (a) Registers with the credentialing entity the recovery
  248  residence he or she intends to qualify. The registration shall
  249  include:
  250         1. The name and address of the recovery residence,
  251  including the fictitious name, if any, under which the recovery
  252  residence is doing business.
  253         2. The name of the owners and any officers of the recovery
  254  residence.
  255         (b) Submits an affidavit attesting that he or she is
  256  actively managing the recovery residence and that he or she is
  257  not utilizing his or her recovery residence administrator’s
  258  certificate of compliance to qualify any additional recovery
  259  residences under this subsection.
  260         (9) A certified recovery residence administrator must
  261  notify the credentialing entity within 3 business days after the
  262  termination of the certified recovery residence administrator’s
  263  qualification of the recovery residence due to resignation or
  264  any other reason.
  265         (10) A certified recovery residence administrator may act
  266  as a qualifying agent for only one recovery residence at any
  267  given time.
  268         Section 4. Section 397.4872, Florida Statutes, is created
  269  to read:
  270         397.4872 Exemption from disqualification; publication.—
  271         (1) Individual exemptions from staff disqualification or
  272  administrator ineligibility may be requested if a recovery
  273  residence deems the decision will benefit the program. Requests
  274  for exemptions shall be submitted in writing to the department
  275  and include a justification for the exemption.
  276         (2) The department may exempt a person from ss. 397.487(5)
  277  and 397.4871(5) if it has been at least 3 years since the person
  278  has completed or been lawfully released from confinement,
  279  supervision, or sanction for the disqualifying offense. An
  280  exemption from the disqualifying offenses may not be given under
  281  any circumstances for any person who is a:
  282         (a) Sexual predator pursuant to s. 775.21;
  283         (b) Career offender pursuant to s. 775.261; or
  284         (c) Sexual offender pursuant to s. 943.0435, unless the
  285  requirement to register as a sexual offender has been removed
  286  pursuant to s. 943.04354.
  287         (3) By April 1, 2016, a credentialing entity shall submit a
  288  list to the department of all recovery residences and recovery
  289  residence administrators certified by the credentialing entity
  290  which hold a valid certificate of compliance. Thereafter, the
  291  credentialing entity must notify the department within 3
  292  business days after a new recovery residence or recovery
  293  residence administrator is certified or a recovery residence’s
  294  or recovery residence administrator’s certificate expires or is
  295  terminated. The department shall publish on its website a list
  296  of all recovery residences that hold a valid certificate of
  297  compliance or that have been qualified pursuant to s.
  298  397.4871(10). The department shall also publish on its website a
  299  list of all recovery residence administrators that hold a valid
  300  certificate of compliance. A recovery residence or recovery
  301  residence administrator shall be excluded from the list if the
  302  recovery residence administrator submits a written request to
  303  the department.
  304         Section 5. Subsections (1) and (5) of section 397.407,
  305  Florida Statutes, are amended, and subsection (11) is added to
  306  that section, to read:
  307         397.407 Licensure process; fees.—
  308         (1) The department shall establish by rule the licensure
  309  process to include fees and categories of licenses. The rule
  310  must prescribe a fee range that is based, at least in part, on
  311  the number and complexity of programs listed in s. 397.311(22)
  312  397.311(18) which are operated by a licensee. The fees from the
  313  licensure of service components are sufficient to cover at least
  314  50 percent of the costs of regulating the service components.
  315  The department shall specify by rule a fee range for public and
  316  privately funded licensed service providers. Fees for privately
  317  funded licensed service providers must exceed the fees for
  318  publicly funded licensed service providers. During adoption of
  319  the rule governing the licensure process and fees, the
  320  department shall carefully consider the potential adverse impact
  321  on small, not-for-profit service providers.
  322         (5) The department may issue probationary, regular, and
  323  interim licenses. After adopting the rule governing the
  324  licensure process and fees, the department shall issue one
  325  license for each service component that is operated by a service
  326  provider and defined in rule pursuant to s. 397.311(22)
  327  397.311(18). The license is valid only for the specific service
  328  components listed for each specific location identified on the
  329  license. The licensed service provider shall apply for a new
  330  license at least 60 days before the addition of any service
  331  components or 30 days before the relocation of any of its
  332  service sites. Provision of service components or delivery of
  333  services at a location not identified on the license may be
  334  considered an unlicensed operation that authorizes the
  335  department to seek an injunction against operation as provided
  336  in s. 397.401, in addition to other sanctions authorized by s.
  337  397.415. Probationary and regular licenses may be issued only
  338  after all required information has been submitted. A license may
  339  not be transferred. As used in this subsection, the term
  340  “transfer” includes, but is not limited to, the transfer of a
  341  majority of the ownership interest in the licensed entity or
  342  transfer of responsibilities under the license to another entity
  343  by contractual arrangement.
  344         (11) Effective July 1, 2016, a service provider licensed
  345  under this part may not refer a current or discharged patient to
  346  a recovery residence unless the recovery residence holds a valid
  347  certificate of compliance as provided in s. 397.487 or is
  348  actively managed by a certified recovery residence administrator
  349  as provided in s. 397.4871, or both, or is owned and operated by
  350  a licensed service provider or a licensed service provider’s
  351  wholly owned subsidiary. For purposes of this subsection, the
  352  term “refer” means to inform a patient by any means about the
  353  name, address, or other details of the recovery residence.
  354  However, this subsection does not require a licensed service
  355  provider to refer any patient to a recovery residence.
  356         Section 6. Paragraph (e) of subsection (5) of section
  357  212.055, Florida Statutes, is amended to read:
  358         212.055 Discretionary sales surtaxes; legislative intent;
  359  authorization and use of proceeds.—It is the legislative intent
  360  that any authorization for imposition of a discretionary sales
  361  surtax shall be published in the Florida Statutes as a
  362  subsection of this section, irrespective of the duration of the
  363  levy. Each enactment shall specify the types of counties
  364  authorized to levy; the rate or rates which may be imposed; the
  365  maximum length of time the surtax may be imposed, if any; the
  366  procedure which must be followed to secure voter approval, if
  367  required; the purpose for which the proceeds may be expended;
  368  and such other requirements as the Legislature may provide.
  369  Taxable transactions and administrative procedures shall be as
  370  provided in s. 212.054.
  371         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  372  s. 125.011(1) may levy the surtax authorized in this subsection
  373  pursuant to an ordinance either approved by extraordinary vote
  374  of the county commission or conditioned to take effect only upon
  375  approval by a majority vote of the electors of the county voting
  376  in a referendum. In a county as defined in s. 125.011(1), for
  377  the purposes of this subsection, “county public general
  378  hospital” means a general hospital as defined in s. 395.002
  379  which is owned, operated, maintained, or governed by the county
  380  or its agency, authority, or public health trust.
  381         (e) A governing board, agency, or authority shall be
  382  chartered by the county commission upon this act becoming law.
  383  The governing board, agency, or authority shall adopt and
  384  implement a health care plan for indigent health care services.
  385  The governing board, agency, or authority shall consist of no
  386  more than seven and no fewer than five members appointed by the
  387  county commission. The members of the governing board, agency,
  388  or authority shall be at least 18 years of age and residents of
  389  the county. No member may be employed by or affiliated with a
  390  health care provider or the public health trust, agency, or
  391  authority responsible for the county public general hospital.
  392  The following community organizations shall each appoint a
  393  representative to a nominating committee: the South Florida
  394  Hospital and Healthcare Association, the Miami-Dade County
  395  Public Health Trust, the Dade County Medical Association, the
  396  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  397  County. This committee shall nominate between 10 and 14 county
  398  citizens for the governing board, agency, or authority. The
  399  slate shall be presented to the county commission and the county
  400  commission shall confirm the top five to seven nominees,
  401  depending on the size of the governing board. Until such time as
  402  the governing board, agency, or authority is created, the funds
  403  provided for in subparagraph (d)2. shall be placed in a
  404  restricted account set aside from other county funds and not
  405  disbursed by the county for any other purpose.
  406         1. The plan shall divide the county into a minimum of four
  407  and maximum of six service areas, with no more than one
  408  participant hospital per service area. The county public general
  409  hospital shall be designated as the provider for one of the
  410  service areas. Services shall be provided through participants’
  411  primary acute care facilities.
  412         2. The plan and subsequent amendments to it shall fund a
  413  defined range of health care services for both indigent persons
  414  and the medically poor, including primary care, preventive care,
  415  hospital emergency room care, and hospital care necessary to
  416  stabilize the patient. For the purposes of this section,
  417  “stabilization” means stabilization as defined in s. 397.311(41)
  418  397.311(35). Where consistent with these objectives, the plan
  419  may include services rendered by physicians, clinics, community
  420  hospitals, and alternative delivery sites, as well as at least
  421  one regional referral hospital per service area. The plan shall
  422  provide that agreements negotiated between the governing board,
  423  agency, or authority and providers shall recognize hospitals
  424  that render a disproportionate share of indigent care, provide
  425  other incentives to promote the delivery of charity care to draw
  426  down federal funds where appropriate, and require cost
  427  containment, including, but not limited to, case management.
  428  From the funds specified in subparagraphs (d)1. and 2. for
  429  indigent health care services, service providers shall receive
  430  reimbursement at a Medicaid rate to be determined by the
  431  governing board, agency, or authority created pursuant to this
  432  paragraph for the initial emergency room visit, and a per-member
  433  per-month fee or capitation for those members enrolled in their
  434  service area, as compensation for the services rendered
  435  following the initial emergency visit. Except for provisions of
  436  emergency services, upon determination of eligibility,
  437  enrollment shall be deemed to have occurred at the time services
  438  were rendered. The provisions for specific reimbursement of
  439  emergency services shall be repealed on July 1, 2001, unless
  440  otherwise reenacted by the Legislature. The capitation amount or
  441  rate shall be determined prior to program implementation by an
  442  independent actuarial consultant. In no event shall such
  443  reimbursement rates exceed the Medicaid rate. The plan must also
  444  provide that any hospitals owned and operated by government
  445  entities on or after the effective date of this act must, as a
  446  condition of receiving funds under this subsection, afford
  447  public access equal to that provided under s. 286.011 as to any
  448  meeting of the governing board, agency, or authority the subject
  449  of which is budgeting resources for the retention of charity
  450  care, as that term is defined in the rules of the Agency for
  451  Health Care Administration. The plan shall also include
  452  innovative health care programs that provide cost-effective
  453  alternatives to traditional methods of service and delivery
  454  funding.
  455         3. The plan’s benefits shall be made available to all
  456  county residents currently eligible to receive health care
  457  services as indigents or medically poor as defined in paragraph
  458  (4)(d).
  459         4. Eligible residents who participate in the health care
  460  plan shall receive coverage for a period of 12 months or the
  461  period extending from the time of enrollment to the end of the
  462  current fiscal year, per enrollment period, whichever is less.
  463         5. At the end of each fiscal year, the governing board,
  464  agency, or authority shall prepare an audit that reviews the
  465  budget of the plan, delivery of services, and quality of
  466  services, and makes recommendations to increase the plan’s
  467  efficiency. The audit shall take into account participant
  468  hospital satisfaction with the plan and assess the amount of
  469  poststabilization patient transfers requested, and accepted or
  470  denied, by the county public general hospital.
  471         Section 7. Subsection (6) of section 394.9085, Florida
  472  Statutes, is amended to read:
  473         394.9085 Behavioral provider liability.—
  474         (6) For purposes of this section, the terms “detoxification
  475  services,” “addictions receiving facility,” and “receiving
  476  facility” have the same meanings as those provided in ss.
  477  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  478  397.311(18)(a)1., and 394.455(26), respectively.
  479         Section 8. Subsection (8) of section 397.405, Florida
  480  Statutes, is amended to read:
  481         397.405 Exemptions from licensure.—The following are exempt
  482  from the licensing provisions of this chapter:
  483         (8) A legally cognizable church or nonprofit religious
  484  organization or denomination providing substance abuse services,
  485  including prevention services, which are solely religious,
  486  spiritual, or ecclesiastical in nature. A church or nonprofit
  487  religious organization or denomination providing any of the
  488  licensed service components itemized under s. 397.311(22)
  489  397.311(18) is not exempt from substance abuse licensure but
  490  retains its exemption with respect to all services which are
  491  solely religious, spiritual, or ecclesiastical in nature.
  493  The exemptions from licensure in this section do not apply to
  494  any service provider that receives an appropriation, grant, or
  495  contract from the state to operate as a service provider as
  496  defined in this chapter or to any substance abuse program
  497  regulated pursuant to s. 397.406. Furthermore, this chapter may
  498  not be construed to limit the practice of a physician or
  499  physician assistant licensed under chapter 458 or chapter 459, a
  500  psychologist licensed under chapter 490, a psychotherapist
  501  licensed under chapter 491, or an advanced registered nurse
  502  practitioner licensed under part I of chapter 464, who provides
  503  substance abuse treatment, so long as the physician, physician
  504  assistant, psychologist, psychotherapist, or advanced registered
  505  nurse practitioner does not represent to the public that he or
  506  she is a licensed service provider and does not provide services
  507  to individuals pursuant to part V of this chapter. Failure to
  508  comply with any requirement necessary to maintain an exempt
  509  status under this section is a misdemeanor of the first degree,
  510  punishable as provided in s. 775.082 or s. 775.083.
  511         Section 9. Section 397.416, Florida Statutes, is amended to
  512  read:
  513         397.416 Substance abuse treatment services; qualified
  514  professional.—Notwithstanding any other provision of law, a
  515  person who was certified through a certification process
  516  recognized by the former Department of Health and Rehabilitative
  517  Services before January 1, 1995, may perform the duties of a
  518  qualified professional with respect to substance abuse treatment
  519  services as defined in this chapter, and need not meet the
  520  certification requirements contained in s. 397.311(30)
  521  397.311(26).
  522         Section 10. Paragraphs (d) and (g) of subsection (1) of
  523  section 440.102, Florida Statutes, are amended to read:
  524         440.102 Drug-free workplace program requirements.—The
  525  following provisions apply to a drug-free workplace program
  526  implemented pursuant to law or to rules adopted by the Agency
  527  for Health Care Administration:
  528         (1) DEFINITIONS.—Except where the context otherwise
  529  requires, as used in this act:
  530         (d) “Drug rehabilitation program” means a service provider,
  531  established pursuant to s. 397.311(39) 397.311(33), that
  532  provides confidential, timely, and expert identification,
  533  assessment, and resolution of employee drug abuse.
  534         (g) “Employee assistance program” means an established
  535  program capable of providing expert assessment of employee
  536  personal concerns; confidential and timely identification
  537  services with regard to employee drug abuse; referrals of
  538  employees for appropriate diagnosis, treatment, and assistance;
  539  and followup services for employees who participate in the
  540  program or require monitoring after returning to work. If, in
  541  addition to the above activities, an employee assistance program
  542  provides diagnostic and treatment services, these services shall
  543  in all cases be provided by service providers pursuant to s.
  544  397.311(39) 397.311(33).
  545         Section 11. This act shall take effect July 1, 2015.
  547  ================= T I T L E  A M E N D M E N T ================
  548  And the title is amended as follows:
  549         Delete everything before the enacting clause
  550  and insert:
  551                        A bill to be entitled                      
  552         An act relating to substance abuse services; amending
  553         s. 397.311, F.S.; providing definitions; conforming a
  554         cross-reference; creating s. 397.487, F.S.; providing
  555         legislative findings and intent; requiring the
  556         Department of Children and Families to create a
  557         voluntary certification program for recovery
  558         residences; directing the department to approve at
  559         least one credentialing entity by a specified date to
  560         develop and administer the certification program;
  561         requiring an approved credentialing entity to
  562         establish procedures for certifying recovery
  563         residences that meet certain qualifications; requiring
  564         an approved credentialing entity to establish certain
  565         fees; requiring a credentialing entity to conduct
  566         onsite inspections of a recovery residence; requiring
  567         background screening of owners, directors, and chief
  568         financial officers of a recovery residence; providing
  569         for denial, suspension, or revocation of
  570         certification; providing a criminal penalty for
  571         falsely advertising a recovery residence as a
  572         “certified recovery residence”; creating s. 397.4871,
  573         F.S.; providing legislative intent; requiring the
  574         department to create a voluntary certification program
  575         for recovery residence administrators; directing the
  576         department to approve at least one credentialing
  577         entity by a specified date to develop and administer
  578         the certification program; requiring an approved
  579         credentialing entity to establish a process for
  580         certifying recovery residence administrators who meet
  581         certain qualifications; requiring an approved
  582         credentialing entity to establish certain fees;
  583         requiring background screening of applicants for
  584         recovery residence administrator certification;
  585         providing for denial, suspension, or revocation of
  586         certification; providing a criminal penalty for
  587         falsely advertising oneself as a “certified recovery
  588         residence administrator”; creating s. 397.4872, F.S.;
  589         providing exemptions from disqualifying offenses;
  590         requiring credentialing entities to provide the
  591         department with a list of all certified recovery
  592         residences and recovery residence administrators by a
  593         date certain; requiring the department to publish the
  594         list on its website; allowing recovery residences and
  595         recovery residence administrators to be excluded from
  596         the list upon written request to the department;
  597         amending s. 397.407, F.S.; conforming cross
  598         references; providing conditions for a licensed
  599         service provider to refer patients to a certified
  600         recovery residence or a recovery residence owned and
  601         operated by the licensed service provider; defining
  602         the term “refer”; amending ss. 212.055, 394.9085,
  603         397.405, 397.416, and 440.102, F.S.; conforming cross
  604         references; providing an effective date.