Florida Senate - 2026                      CS for CS for SB 1030
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Children, Families, and Elder Affairs; and
       Senators Gruters and Rouson
       
       
       
       603-02827-26                                          20261030c2
    1                        A bill to be entitled                      
    2         An act relating to recovery residences; amending s.
    3         397.407, F.S.; revising the definition of the term
    4         “transfer”; requiring the Department of Children and
    5         Families to require only a level 2 background
    6         screening for certain individuals under certain
    7         circumstances; prohibiting the department from
    8         requiring certain existing licensed service providers
    9         to admit individuals for services during the
   10         probationary licensing period if certain requirements
   11         and conditions are met; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (6) and (7) of section 397.407,
   16  Florida Statutes, are amended to read:
   17         397.407 Licensure process; fees.—
   18         (6)(a) The department may issue probationary, regular, and
   19  interim licenses. The department may issue one license for all
   20  service components operated by a service provider and defined
   21  pursuant to s. 397.311(27). The license is valid only for the
   22  specific service components listed for each specific location
   23  identified on the license. The licensed service provider must
   24  shall apply for the addition of any service components and
   25  obtain approval before initiating additional services. The
   26  licensed service provider must notify the department and provide
   27  any required documentation at least 30 days before the
   28  relocation of any of its service sites. Provision of service
   29  components or delivery of services at a location not identified
   30  on the license may be considered an unlicensed operation that
   31  authorizes the department to seek an injunction against
   32  operation as provided in s. 397.401, in addition to other
   33  sanctions authorized by s. 397.415. Probationary and regular
   34  licenses may be issued only after all required information has
   35  been submitted. A license may not be transferred. As used in
   36  this subsection, the term “transfer” means includes, but is not
   37  limited to, the transfer of a majority of the ownership interest
   38  in the licensed entity or transfer of responsibilities under the
   39  license to another entity by contractual arrangement.
   40         (b) If 5 percent or more of the controlling ownership
   41  interest of a licensed entity is transferred to another person
   42  or entity, the department must require only a level 2 background
   43  screening pursuant to s. 397.4073 for officers, directors,
   44  managing members, and individuals who exercise operational
   45  control over the licensee on behalf of that person or entity.
   46         (7)(a) Upon receipt of a complete application, payment of
   47  applicable fees, and a demonstration of substantial compliance
   48  with all applicable statutory and regulatory requirements, the
   49  department may issue a probationary license to a service
   50  provider applicant with services that are not yet fully
   51  operational. The department may not issue a probationary license
   52  when doing so would place the health, safety, or welfare of
   53  individuals at risk. A probationary license expires 90 days
   54  after issuance and may not be reissued. During the probationary
   55  period the department shall monitor the delivery of services.
   56  Notwithstanding s. 120.60(5), the department may order a
   57  probationary licensee to cease and desist operations at any time
   58  it is found to be substantially out of compliance with licensure
   59  standards. This cease-and-desist order is exempt from the
   60  requirements of s. 120.60(6).
   61         (b) The department may not require an existing licensed
   62  service provider that is seeking to add one or more additional
   63  levels of care at an existing licensed location, or that is
   64  seeking to offer the same level of care at one or more of the
   65  service provider’s new locations that are currently licensed, to
   66  admit individuals for services during the probationary licensing
   67  period if the provider has no outstanding violations pursuant to
   68  s. 397.411(7) and the department has not taken any action
   69  against the provider’s existing license pursuant to s. 397.415
   70  within the previous 12 months.
   71         Section 2. This act shall take effect July 1, 2026.