Florida Senate - 2023                              CS for SB 210
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Harrell
       
       
       
       
       586-02085-23                                           2023210c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.403, F.S.; revising application requirements
    4         for licensure as a substance abuse service provider;
    5         defining the term “marijuana”; amending s. 397.410,
    6         F.S.; revising licensure requirements for substance
    7         abuse providers; defining the term “marijuana”;
    8         amending s. 397.411, F.S.; requiring the Department of
    9         Children and Families to establish, by a specified
   10         date, a mechanism to impose and collect fines for
   11         certain violations of law; amending s. 397.487, F.S.;
   12         revising credentialing requirements for recovery
   13         residences; defining the term “marijuana”; prohibiting
   14         persons discharged from a recovery residence from
   15         willfully refusing to depart after being warned by
   16         specified persons; providing criminal penalties;
   17         amending s. 397.4873, F.S.; prohibiting service
   18         providers from referring patients to, or accepting
   19         referrals from, specified recovery residences;
   20         revising requirements regarding patient referrals for
   21         substance abuse service providers and recovery
   22         residences; defining the term “marijuana”; requiring
   23         the department to establish, by a specified date, a
   24         mechanism to impose and collect fines for certain
   25         violations of law; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (k) is added to subsection (1) of
   30  section 397.403, Florida Statutes, to read:
   31         397.403 License application.—
   32         (1) Applicants for a license under this chapter must apply
   33  to the department on forms provided by the department and in
   34  accordance with rules adopted by the department. Applications
   35  must include at a minimum:
   36         (k) Proof of a prohibition on the premises against alcohol,
   37  marijuana, illegal drugs, and the use of prescribed medications
   38  by an individual other than the individual for whom the
   39  medication is prescribed. For the purposes of this paragraph,
   40  “marijuana” includes marijuana that has been certified by a
   41  qualified physician for medical use in accordance with s.
   42  381.986.
   43         Section 2. Paragraph (f) is added to subsection (1) of
   44  section 397.410, Florida Statutes, to read:
   45         397.410 Licensure requirements; minimum standards; rules.—
   46         (1) The department shall establish minimum requirements for
   47  licensure of each service component, as defined in s.
   48  397.311(26), including, but not limited to:
   49         (f) A prohibition on the premises against alcohol,
   50  marijuana, illegal drugs, and the use of prescribed medications
   51  by an individual other than the individual for whom the
   52  medication is prescribed. For the purposes of this paragraph,
   53  “marijuana” includes marijuana that has been certified by a
   54  qualified physician for medical use in accordance with s.
   55  381.986.
   56         Section 3. Subsection (8) is added to section 397.411,
   57  Florida Statutes, to read:
   58         397.411 Inspection; right of entry; classification of
   59  violations; records.—
   60         (8) The department shall establish a mechanism for the
   61  imposition and collection of fines for violations under this
   62  section no later than January 1, 2024.
   63         Section 4. Paragraph (a) of subsection (3) of section
   64  397.487, Florida Statutes, is amended, and subsection (12) is
   65  added to that section, to read:
   66         397.487 Voluntary certification of recovery residences.—
   67         (3) A credentialing entity shall require the recovery
   68  residence to submit the following documents with the completed
   69  application and fee:
   70         (a) A policy and procedures manual containing:
   71         1. Job descriptions for all staff positions.
   72         2. Drug-testing procedures and requirements.
   73         3. A prohibition on the premises against alcohol,
   74  marijuana, illegal drugs, and the use of prescribed medications
   75  by an individual other than the individual for whom the
   76  medication is prescribed. For the purposes of this subsection,
   77  “marijuana” includes marijuana that has been certified by a
   78  qualified physician for medical use in accordance with s.
   79  381.986.
   80         4. Policies to support a resident’s recovery efforts.
   81         5. A good neighbor policy to address neighborhood concerns
   82  and complaints.
   83         (12) Any person discharged from a recovery residence under
   84  subsection (11) who willfully refuses to depart after being
   85  warned by the owner or an authorized employee of the recovery
   86  residence commits the offense of trespass in a recovery
   87  residence, a misdemeanor of the second degree, punishable as
   88  provided in s. 775.082 or s. 775.083.
   89         Section 5. Present subsections (3) through (7) of section
   90  397.4873, Florida Statutes, are redesignated as subsections (4)
   91  through (8), respectively, a new subsection (3) is added to that
   92  section, and present subsections (3) and (6) of that section are
   93  amended, to read:
   94         397.4873 Referrals to or from recovery residences;
   95  prohibitions; penalties.—
   96         (3) Notwithstanding subsection (2), a service provider
   97  licensed under this part may not make a referral of a
   98  prospective, current, or discharged patient to, or accept a
   99  referral of such patient from, a recovery residence that allows
  100  on its premises the use of alcohol, marijuana, or illegal drugs
  101  or the use of prescribed medications by an individual other than
  102  the individual for whom the medication is prescribed. For the
  103  purposes of this subsection, “marijuana” includes marijuana that
  104  has been certified by a qualified physician for medical use in
  105  accordance with s. 381.986.
  106         (4)(a)(3) For purposes of this section, a licensed service
  107  provider or recovery residence shall be considered to have made
  108  a referral if the provider or recovery residence has informed a
  109  patient by any means about the name, address, or other details
  110  of a recovery residence or licensed service provider, or
  111  informed a licensed service provider or a recovery residence of
  112  any identifying details about a patient.
  113         (b)A referral shall also include the placement of a
  114  patient by a licensed service provider into the housing
  115  component of the provider’s day or night treatment, which has a
  116  community housing license, regardless of whether the community
  117  housing component is affiliated with the licensed service
  118  provider.
  119         (7)(6) A licensed service provider that violates this
  120  section is subject to an administrative fine of $1,000 per
  121  occurrence. If such fine is imposed by final order of the
  122  department and is not subject to further appeal, the service
  123  provider shall pay the fine plus interest at the rate specified
  124  in s. 55.03 for each day beyond the date set by the department
  125  for payment of the fine. If the service provider does not pay
  126  the fine plus any applicable interest within 60 days after the
  127  date set by the department, the department shall immediately
  128  suspend the service provider’s license. Repeat violations of
  129  this section may subject a provider to license suspension or
  130  revocation pursuant to s. 397.415. The department shall
  131  establish a mechanism no later than January 1, 2024, for the
  132  imposition and collection of fines for violations under this
  133  section.
  134         Section 6. This act shall take effect July 1, 2023.