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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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: 40 397.4104 Record 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 recovery70 residencesat 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. 78 (5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS.—An 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.