Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1030
       
       
       
       
       
       
                                Ì609746JÎ609746                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2026           .                                
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       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
       
    1         Senate Substitute for Amendment (707950) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (6), (7), and (8) of section
    7  397.407, Florida Statutes, are amended to read:
    8         397.407 Licensure process; fees.—
    9         (6) The department may issue probationary, regular, and
   10  interim licenses. The department may issue one license for all
   11  service components operated by a service provider and defined
   12  pursuant to s. 397.311(27). The license is valid only for the
   13  specific service components listed for each specific location
   14  identified on the license. The licensed service provider must
   15  shall apply for the addition of any service components and
   16  obtain approval before initiating additional services. The
   17  licensed service provider must notify the department and provide
   18  any required documentation at least 30 days before the
   19  relocation of any of its service sites. Provision of service
   20  components or delivery of services at a location not identified
   21  on the license may be considered an unlicensed operation that
   22  authorizes the department to seek an injunction against
   23  operation as provided in s. 397.401, in addition to other
   24  sanctions authorized by s. 397.415. Probationary and regular
   25  licenses may be issued only after all required information has
   26  been submitted. A license may not be transferred. As used in
   27  this subsection, the term “transfer” means:
   28         (a)An event in which the licensee sells or otherwise
   29  transfers its ownership to a different individual or entity as
   30  evidenced by a change in federal employer identification number
   31  or taxpayer identification number; or
   32         (b)An event in which 51 percent or more of the ownership,
   33  shares, membership, or controlling interest of a licensee is in
   34  any manner transferred or otherwise assigned. includes, but is
   35  not limited to, the transfer of a majority of the ownership
   36  interest in the licensed entity or transfer of responsibilities
   37  under the license to another entity by contractual arrangement.
   38         (7) Upon receipt of a complete application, payment of
   39  applicable fees, and a demonstration of substantial compliance
   40  with all applicable statutory and regulatory requirements, the
   41  department may issue a probationary license to a new service
   42  provider applicant with services that are not yet fully
   43  operational. The department may not issue a probationary license
   44  when doing so would place the health, safety, or welfare of
   45  individuals at risk. A probationary license expires 90 days
   46  after issuance and may not be reissued. During the probationary
   47  period the department shall monitor the delivery of services.
   48  Notwithstanding s. 120.60(5), the department may order a
   49  probationary licensee to cease and desist operations at any time
   50  it is found to be substantially out of compliance with licensure
   51  standards. This cease-and-desist order is exempt from the
   52  requirements of s. 120.60(6).
   53         (8)(a) A regular license may be issued to:
   54         1.(a) A new applicant at the end of the probationary
   55  period.
   56         2.(b) A licensed applicant that holds a regular license and
   57  is seeking renewal.
   58         3.(c) An applicant for a service component operating under
   59  an interim license upon successful satisfaction of the
   60  requirements for a regular license.
   61         (b) In order to be issued a regular license, the applicant
   62  must be in compliance with statutory and regulatory
   63  requirements. An application for renewal of a regular license
   64  must be submitted to the department at least 60 days before the
   65  license expires. The department may deny a renewal application
   66  submitted fewer than 30 days before the license expires.
   67         (c)The department must issue a regular license within 30
   68  calendar days after receipt of a complete application from an
   69  existing licensed service provider that is in compliance with
   70  all renewal requirements and that is seeking to add licensed
   71  services or one or more additional levels of care at an existing
   72  licensed location or at one or more new locations when the
   73  application is from a provider with the same federal tax
   74  identification number as the existing provider. No other
   75  additional requirements may be imposed upon an existing service
   76  provider seeking to add new levels of care or new locations.
   77  
   78         Section 2. Subsection (8) of section 397.487, Florida
   79  Statutes, is amended to read:
   80         397.487 Voluntary certification of recovery residences.—
   81         (8) Onsite followup monitoring of a certified recovery
   82  residence may be conducted by the credentialing entity to
   83  determine continuing compliance with certification requirements.
   84  The credentialing entity shall inspect each certified recovery
   85  residence at least annually to ensure compliance.
   86         (a) A credentialing entity may suspend or revoke a
   87  certification if the recovery residence is not in compliance
   88  with any provision of this section or has failed to remedy any
   89  deficiency identified by the credentialing entity within the
   90  time period specified. For purposes of this paragraph, the
   91  credentialing entity may not request or obtain clinical or
   92  medical records of a resident when determining whether to
   93  suspend or revoke a certificate, consistent with the privacy
   94  protections afforded pursuant to s. 397.501(7) and 42 C.F.R.
   95  part 2.
   96  
   97         Section 3. This act shall take effect July 1, 2025.
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete everything before the enacting clause
  102  and insert:
  103                        A bill to be entitled                      
  104         An act relating to substance abuse services; amending s.
  105         397.407, F.S.; revising the definition of the term
  106         “transfer”; requiring the Department of Children and
  107         Families to issue a regular license after the
  108         department receives a complete application from
  109         certain existing licensed service providers that are
  110         seeking to add licensed services or one or more
  111         additional levels of care at an existing licensed
  112         location or at one or more new locations within a
  113         specified timeframe, if certain requirements are met;
  114         prohibiting the imposition of additional requirements
  115         upon such service providers; amending s. 397.487,
  116         F.S.; prohibiting a credentialing entity from
  117         requesting or obtaining certain records when
  118         determining whether to suspend or revoke a licensed
  119         service provider’s certificate to serve as a recovery
  120         residence; providing an effective date.