CS for CS for SB 1030                            First Engrossed
       
       
       
       
       
       
       
       
       20261030e1
       
    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 (5), (6), and (7) of section
   16  397.407, Florida Statutes, are amended to read:
   17         397.407 Licensure process; fees.—
   18         (5) Except as provided in paragraph (6)(b), the department
   19  shall conduct background screening, as provided in s. 397.4073,
   20  as part of the licensure application for all owners, directors,
   21  chief financial officers, and clinical supervisors of a service
   22  provider. If the results of the background screening indicate
   23  that the individual has been found guilty of, regardless of
   24  adjudication, or has entered a plea of nolo contendere or guilty
   25  to any offense prohibited under the screening standard, a
   26  license may not be issued to the applicant service provider
   27  unless an exemption from disqualification has been granted by
   28  the department as set forth in chapter 435. The individual has
   29  90 days within which to obtain the required exemption, during
   30  which time the applicant’s license remains in effect.
   31         (6)(a) The department may issue probationary, regular, and
   32  interim licenses. The department may issue one license for all
   33  service components operated by a service provider and defined
   34  pursuant to s. 397.311(27). The license is valid only for the
   35  specific service components listed for each specific location
   36  identified on the license. The licensed service provider must
   37  shall apply for the addition of any service components and
   38  obtain approval before initiating additional services. The
   39  licensed service provider must notify the department and provide
   40  any required documentation at least 30 days before the
   41  relocation of any of its service sites. Provision of service
   42  components or delivery of services at a location not identified
   43  on the license may be considered an unlicensed operation that
   44  authorizes the department to seek an injunction against
   45  operation as provided in s. 397.401, in addition to other
   46  sanctions authorized by s. 397.415. Probationary and regular
   47  licenses may be issued only after all required information has
   48  been submitted. A license may not be transferred. As used in
   49  this subsection, the term “transfer” means includes, but is not
   50  limited to, the transfer of a majority of the ownership interest
   51  in the licensed entity or transfer of responsibilities under the
   52  license to another entity by contractual arrangement.
   53         (b) If 5 percent or more of the controlling ownership
   54  interest of a licensed entity is transferred to another person
   55  or entity, the department must require only a level 2 background
   56  screening pursuant to s. 397.4073 for officers, directors,
   57  managing members, and individuals who exercise operational
   58  control over the licensee on behalf of that person or entity.
   59         (7)(a) Upon receipt of a complete application, payment of
   60  applicable fees, and a demonstration of substantial compliance
   61  with all applicable statutory and regulatory requirements, the
   62  department may issue a probationary license to a service
   63  provider applicant with services that are not yet fully
   64  operational. The department may not issue a probationary license
   65  when doing so would place the health, safety, or welfare of
   66  individuals at risk. Notwithstanding paragraph (b), a
   67  probationary license expires 90 days after issuance and may not
   68  be reissued. During the probationary period the department shall
   69  monitor the delivery of services. Notwithstanding s. 120.60(5),
   70  the department may order a probationary licensee to cease and
   71  desist operations at any time it is found to be substantially
   72  out of compliance with licensure standards. This cease-and
   73  desist order is exempt from the requirements of s. 120.60(6).
   74         (b) The department may not require an existing licensed
   75  service provider that is seeking to add one or more additional
   76  levels of care at an existing licensed location, or that is
   77  seeking to offer the same level of care at one or more of the
   78  service provider’s new locations that are currently licensed, to
   79  admit individuals for services during the probationary licensing
   80  period if the provider has no outstanding violations pursuant to
   81  s. 397.411(7) and the department has not taken any action
   82  against the provider’s existing license pursuant to s. 397.415
   83  within the previous 12 months.
   84         Section 2. This act shall take effect July 1, 2026.