ENROLLED 2022 Legislature SB 704, 1st Engrossed 2022704er 1 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: 65 397.4104 Record 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 residentsno more than three recovery95residencesat 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.