Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1030
Ì707950.Î707950
LEGISLATIVE ACTION
Senate . House
Comm: RS .
01/28/2026 .
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The Committee on Children, Families, and Elder Affairs (Rouson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (6), (7), and (8) of section
6 397.407, Florida Statutes, are amended to read:
7 397.407 Licensure process; fees.—
8 (6) The department may issue probationary, regular, and
9 interim licenses. The department may issue one license for all
10 service components operated by a service provider and defined
11 pursuant to s. 397.311(27). The license is valid only for the
12 specific service components listed for each specific location
13 identified on the license. The licensed service provider must
14 shall apply for the addition of any service components and
15 obtain approval before initiating additional services. The
16 licensed service provider must notify the department and provide
17 any required documentation at least 30 days before the
18 relocation of any of its service sites. Provision of service
19 components or delivery of services at a location not identified
20 on the license may be considered an unlicensed operation that
21 authorizes the department to seek an injunction against
22 operation as provided in s. 397.401, in addition to other
23 sanctions authorized by s. 397.415. Probationary and regular
24 licenses may be issued only after all required information has
25 been submitted. A license may not be transferred. As used in
26 this subsection, the term “transfer” means:
27 (a) An event in which the licensee sells or otherwise
28 transfers its ownership to a different individual or entity as
29 evidenced by a change in federal employer identification number
30 or taxpayer identification number; or
31 (b) An event in which 51 percent or more of the ownership,
32 shares, membership, or controlling interest of a licensee is in
33 any manner transferred or otherwise assigned includes, but is
34 not limited to, the transfer of a majority of the ownership
35 interest in the licensed entity or transfer of responsibilities
36 under the license to another entity by contractual arrangement.
37 (7) Upon receipt of a complete application, payment of
38 applicable fees, and a demonstration of substantial compliance
39 with all applicable statutory and regulatory requirements, the
40 department may issue a probationary license to a new service
41 provider applicant with services that are not yet fully
42 operational. The department may not issue a probationary license
43 when doing so would place the health, safety, or welfare of
44 individuals at risk. A probationary license expires 90 days
45 after issuance and may not be reissued. During the probationary
46 period the department shall monitor the delivery of services.
47 Notwithstanding s. 120.60(5), the department may order a
48 probationary licensee to cease and desist operations at any time
49 it is found to be substantially out of compliance with licensure
50 standards. This cease-and-desist order is exempt from the
51 requirements of s. 120.60(6).
52 (8)(a) A regular license may be issued to:
53 1.(a) A new applicant at the end of the probationary
54 period.
55 2.(b) A licensed applicant that holds a regular license and
56 is seeking renewal.
57 3.(c) An applicant for a service component operating under
58 an interim license upon successful satisfaction of the
59 requirements for a regular license.
60 (b) In order to be issued a regular license, the applicant
61 must be in compliance with statutory and regulatory
62 requirements. An application for renewal of a regular license
63 must be submitted to the department at least 60 days before the
64 license expires. The department may deny a renewal application
65 submitted fewer than 30 days before the license expires.
66 (c) The department shall issue a regular license within 30
67 calendar days after receipt of a complete application from an
68 existing licensed service provider that is in compliance with
69 all renewal requirements and that is seeking to add licensed
70 services or one or more additional levels of care at an existing
71 licensed location or at one or more new locations when the
72 application is from a provider with the same federal tax
73 identification number as the existing provider. No additional
74 requirements may be imposed upon an existing service provider
75 seeking to add new levels of care or new locations.
76 Section 2. Paragraph (d) of subsection (1) of section
77 397.415, Florida Statutes, is amended to read:
78 397.415 Denial, suspension, and revocation; other
79 remedies.—
80 (1) If the department determines that an applicant or
81 licensed service provider or licensed service component thereof
82 is not in compliance with all statutory and regulatory
83 requirements, the department may deny, suspend, revoke, or
84 impose reasonable restrictions or penalties on the license or
85 any portion of the license. In such case:
86 (d) The department may deny, suspend, or revoke the license
87 of a service provider or may suspend or revoke the license as to
88 the operation of any service component or location identified on
89 the license for:
90 1. False representation of a material fact in the license
91 application or omission of any material fact from the
92 application.
93 2. An intentional or negligent act materially affecting the
94 health or safety of an individual receiving services from the
95 provider.
96 3. A violation of this chapter or applicable rules.
97 4. A demonstrated pattern of deficient performance.
98 5. Failure to immediately remove service provider personnel
99 subject to background screening pursuant to s. 397.4073 who no
100 longer meet the standards of s. 397.4073 are arrested or found
101 guilty of, regardless of adjudication, or have entered a plea of
102 nolo contendere or guilty to any offense prohibited under the
103 screening standard and notify the department within 2 days after
104 such removal, excluding weekends and holidays.
105 Section 3. Paragraphs (a) and (d) of subsection (8) of
106 section 397.487, Florida Statutes, are amended to read:
107 397.487 Voluntary certification of recovery residences.—
108 (8) Onsite followup monitoring of a certified recovery
109 residence may be conducted by the credentialing entity to
110 determine continuing compliance with certification requirements.
111 The credentialing entity shall inspect each certified recovery
112 residence at least annually to ensure compliance.
113 (a) A credentialing entity may suspend or revoke a
114 certification if the recovery residence is not in compliance
115 with any provision of this section or has failed to remedy any
116 deficiency identified by the credentialing entity within the
117 time period specified. For purposes of this paragraph, the
118 credentialing entity may not request or obtain clinical or
119 medical records of a resident when determining whether to
120 suspend or revoke a certificate, consistent with the privacy
121 protections afforded pursuant to s. 397.501(7) and 42 C.F.R.
122 part 2.
123 (d) If any owner, director, or chief financial officer of a
124 certified recovery residence no longer meets the standards of s.
125 397.4073 is arrested and awaiting disposition for or found
126 guilty of, or enters a plea of guilty or nolo contendere to,
127 regardless of whether adjudication is withheld, any offense
128 listed in s. 435.04(2) while acting in that capacity, the
129 certified recovery residence must immediately remove the person
130 from that position and notify the credentialing entity within 3
131 business days after such removal. The credentialing entity must
132 revoke the certificate of compliance of a certified recovery
133 residence that fails to meet these requirements.
134 Section 4. For the purpose of incorporating the amendment
135 made by this act to section 397.415, Florida Statutes, in a
136 reference thereto, subsection (2) of section 397.4104, Florida
137 Statutes, is reenacted to read:
138 397.4104 Record of recovery residences used by service
139 providers.—
140 (2) Beginning July 1, 2022, a licensed service provider
141 that violates this section is subject to an administrative fine
142 of $1,000 per occurrence. The department may suspend or revoke a
143 service provider’s license pursuant to s. 397.415 for repeat
144 violations of this section.
145 Section 5. For the purpose of incorporating the amendment
146 made by this act to section 397.415, Florida Statutes, in a
147 reference thereto, subsection (7) of section 397.4873, Florida
148 Statutes, is reenacted to read:
149 397.4873 Referrals to or from recovery residences;
150 prohibitions; penalties.—
151 (7) A licensed service provider that violates this section
152 is subject to an administrative fine of $1,000 per occurrence.
153 If such fine is imposed by final order of the department and is
154 not subject to further appeal, the service provider shall pay
155 the fine plus interest at the rate specified in s. 55.03 for
156 each day beyond the date set by the department for payment of
157 the fine. If the service provider does not pay the fine plus any
158 applicable interest within 60 days after the date set by the
159 department, the department shall immediately suspend the service
160 provider’s license. Repeat violations of this section may
161 subject a provider to license suspension or revocation pursuant
162 to s. 397.415. The department shall establish a mechanism no
163 later than January 1, 2024, for the imposition and collection of
164 fines for violations under this section.
165 Section 6. This act shall take effect July 1, 2026.
166
167 ================= T I T L E A M E N D M E N T ================
168 And the title is amended as follows:
169 Delete everything before the enacting clause
170 and insert:
171 A bill to be entitled
172 An act relating to recovery residences; amending s.
173 397.407, F.S.; authorizing the transfer of
174 probationary and regular licenses; revising the
175 definition of the term “transfer”; requiring the
176 Department of Children and Families to issue a regular
177 license after the department receives a complete
178 application from certain existing licensed service
179 providers that are seeking to add licensed services or
180 one or more additional levels of care at an existing
181 licensed location or at one or more new locations
182 within a specified timeframe, under certain
183 circumstances; prohibiting the imposition of
184 additional requirements upon such service providers;
185 amending s. 397.415, F.S.; revising the criteria that
186 the department may use to deny, suspend, or revoke the
187 license of a service provider or suspend or revoke
188 such license as to the operation of certain service
189 components or locations; amending s. 397.487, F.S.;
190 prohibiting a credentialing entity from requesting or
191 obtaining certain records when determining whether to
192 suspend or revoke a licensed service provider’s
193 certificate to serve as a recovery residence; revising
194 the circumstances in which a certified recovery
195 residence must immediately remove any owner, director,
196 or chief financial officer of the certified recovery
197 residence and notify the credentialing entity of such
198 removal within a specified timeframe; reenacting ss.
199 397.4104(2) and 397.4873(7), F.S., relating to records
200 of recovery residences used by service providers and
201 penalties for licensed recovery residences,
202 respectively, to incorporate the amendment made to s.
203 397.415, F.S., in references thereto; providing an
204 effective date.