Florida Senate - 2022                                     SB 704
       By Senator Harrell
       25-00437A-22                                           2022704__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse service providers;
    3         amending s. 397.403, F.S.; requiring service provider
    4         applicants to include the names and locations of
    5         certain recovery residences in their license
    6         application; creating s. 397.4104, F.S.; requiring
    7         service providers to record specified information in
    8         the Department of Children and Families’ Provider
    9         Licensure and Designations System after a specified
   10         date; requiring service providers to update the record
   11         with any changes within a specified timeframe;
   12         providing civil penalties; amending s. 397.4871, F.S.;
   13         requiring certified recovery residence administrators
   14         to demonstrate the ability to meet specified
   15         requirements; prohibiting certified recovery residence
   16         administrators from actively managing more than a
   17         specified number of residents; providing an exception;
   18         deleting a provision prohibiting certified recovery
   19         residence administrators from actively managing more
   20         than three recovery residences; amending s. 397.501,
   21         F.S.; requiring service providers to return an
   22         individual’s personal effects upon the individual’s
   23         discharge; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Paragraph (j) is added to subsection (1) of
   28  section 397.403, Florida Statutes, to read:
   29         397.403 License application.—
   30         (1) Applicants for a license under this chapter must apply
   31  to the department on forms provided by the department and in
   32  accordance with rules adopted by the department. Applications
   33  must include at a minimum:
   34         (j) The names and locations of any recovery residences to
   35  which the applicant service provider plans to refer patients or
   36  from which the applicant service provider plans to accept
   37  patients.
   38         Section 2. Section 397.4104, Florida Statutes, is created
   39  to read:
   40         397.4104Record of recovery residences used by service
   41  providers.—
   42         (1)By July 1, 2022, a service provider shall record in the
   43  department’s Provider Licensure and Designations System the name
   44  and location of each recovery residence that the service
   45  provider has referred patients to or received patients from and
   46  update the record with any changes that occur. A service
   47  provider must update such record within 30 business days after
   48  the change.
   49         (2)Beginning July 1, 2022, a licensed service provider
   50  that violates this section is subject to an administrative fine
   51  of $1,000 per occurrence. The department may suspend or revoke a
   52  service provider’s license pursuant to s. 397.415 for repeat
   53  violations of this section.
   54         Section 3. Subsection (8) of section 397.4871, Florida
   55  Statutes, is amended to read:
   56         397.4871 Recovery residence administrator certification.—
   57         (8)(a) A certified recovery residence administrator must
   58  demonstrate the ability to effectively and appropriately respond
   59  to the needs of residents, to maintain residence standards, and
   60  to meet the certification requirements of this section.
   61         (b) A certified recovery residence administrator may not
   62  actively manage more than 50 residents at any given time unless
   63  written justification is provided to, and approved by, the
   64  credentialing entity as to how the administrator is able to
   65  effectively and appropriately respond to the needs of the
   66  residents, to maintain residence standards, and to meet the
   67  residence certification requirements of this section. However, a
   68  certified recovery residence administrator may not actively
   69  manage more than 100 residents no more than three recovery
   70  residences at any given time.
   71         Section 4. Subsection (5) of section 397.501, Florida
   72  Statutes, is amended to read:
   73         397.501 Rights of individuals.—Individuals receiving
   74  substance abuse services from any service provider are
   75  guaranteed protection of the rights specified in this section,
   76  unless otherwise expressly provided, and service providers must
   77  ensure the protection of such rights.
   79  individual has the right to possess clothing and other personal
   80  effects. The service provider may take temporary custody of the
   81  individual’s personal effects only when required for medical or
   82  safety reasons, with the reason for taking custody and a list of
   83  the personal effects recorded in the individual’s clinical
   84  record. A service provider shall return an individual’s personal
   85  effects upon the individual’s discharge, even if the discharge
   86  is against medical advice.
   87         Section 5. This act shall take effect upon becoming a law.