Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1030
       
       
       
       
       
       
                                Ì613988bÎ613988                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/12/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Appropriations Committee on Health and Human Services
       (Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (6) and (7) of section 397.407,
    6  Florida Statutes, are amended to read:
    7         397.407 Licensure process; fees.—
    8         (6)(a) The department may issue probationary, regular, and
    9  interim licenses. The department may issue one license for all
   10  service components operated by a service provider and defined
   11  pursuant to s. 397.311(27). The license is valid only for the
   12  specific service components listed for each specific location
   13  identified on the license. The licensed service provider must
   14  shall apply for the addition of any service components and
   15  obtain approval before initiating additional services. The
   16  licensed service provider must notify the department and provide
   17  any required documentation at least 30 days before the
   18  relocation of any of its service sites. Provision of service
   19  components or delivery of services at a location not identified
   20  on the license may be considered an unlicensed operation that
   21  authorizes the department to seek an injunction against
   22  operation as provided in s. 397.401, in addition to other
   23  sanctions authorized by s. 397.415. Probationary and regular
   24  licenses may be issued only after all required information has
   25  been submitted. A license may not be transferred. As used in
   26  this subsection, the term “transfer” means includes, but is not
   27  limited to, the transfer of a majority of the ownership interest
   28  in the licensed entity or transfer of responsibilities under the
   29  license to another entity by contractual arrangement.
   30         (b) If 5 percent or more of the controlling ownership
   31  interest of a licensed entity is transferred to another person
   32  or entity, the department must require only a level 2 background
   33  screening pursuant to s. 397.4073 for officers, directors,
   34  managing members, and individuals who exercise operational
   35  control over the licensee on behalf of that person or entity.
   36         (7)(a) Upon receipt of a complete application, payment of
   37  applicable fees, and a demonstration of substantial compliance
   38  with all applicable statutory and regulatory requirements, the
   39  department may issue a probationary license to a service
   40  provider applicant with services that are not yet fully
   41  operational. The department may not issue a probationary license
   42  when doing so would place the health, safety, or welfare of
   43  individuals at risk. A probationary license expires 90 days
   44  after issuance and may not be reissued. During the probationary
   45  period the department shall monitor the delivery of services.
   46  Notwithstanding s. 120.60(5), the department may order a
   47  probationary licensee to cease and desist operations at any time
   48  it is found to be substantially out of compliance with licensure
   49  standards. This cease-and-desist order is exempt from the
   50  requirements of s. 120.60(6).
   51         (b) The department may not require an existing licensed
   52  service provider that is seeking to add one or more additional
   53  levels of care at an existing licensed location, or that is
   54  seeking to offer the same level of care at one or more of the
   55  service provider’s new locations that is currently licensed, to
   56  admit individuals for services during the probationary licensing
   57  period if the provider has no outstanding violations pursuant to
   58  s. 397.411(7) and the department has not taken any action
   59  against the provider’s existing license pursuant to s. 397.415,
   60  within the previous 12 months.
   61         Section 2. This act shall take effect July 1, 2026.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to recovery residences; amending s.
   69         397.407, F.S.; revising the definition of the term
   70         “transfer”; providing that the Department of Children
   71         and Families must require only a level 2 background
   72         screening for certain individuals who have a
   73         controlling ownership interest of a licensed entity
   74         which exceeds a specified percentage; prohibiting the
   75         department from requiring certain existing licensed
   76         service providers to admit individuals for services
   77         during the probationary licensing period if certain
   78         requirements and conditions are met; providing an
   79         effective date.