Florida Senate - 2026 SB 1030
By Senator Gruters
22-01129A-26 20261030__
1 A bill to be entitled
2 An act relating to recovery residences; amending s.
3 394.875, F.S.; prohibiting providers licensed for
4 primary inpatient or outpatient mental health services
5 from using certified recovery residences to provide
6 housing to their patients; authorizing service
7 providers certified as Level IV programs to use their
8 certified recovery residences to provide housing to
9 persons who receive primary outpatient mental health
10 services; requiring that such housing be segregated
11 based upon primary diagnosis; amending s. 397.407,
12 F.S.; authorizing the transfer of probationary and
13 regular licenses to a new owner; revising the
14 definition of the term “transfer”; providing
15 applicability; requiring the Department of Children
16 and Families to issue a regular license after the
17 department receives a complete application from
18 certain existing licensed service providers that are
19 seeking to add licensed services or one or more
20 additional levels of care at an existing licensed
21 location or at one or more new locations within a
22 specified timeframe, if certain requirements are met;
23 prohibiting the imposition of additional requirements
24 upon such service providers; amending s. 397.410,
25 F.S.; requiring that clinical treatment room size and
26 the number of individuals who receive clinical
27 services together in a group setting be determined by
28 the applicable building and fire codes; amending s.
29 397.415, F.S.; revising the criteria that the
30 department may use to deny, suspend, or revoke the
31 license of a service provider or suspend or revoke
32 such license as to the operation of certain service
33 components or locations; amending s. 397.487, F.S.;
34 prohibiting a credentialing entity from requesting or
35 obtaining certain records, policies, and procedures
36 when determining whether to suspend or revoke a
37 licensed service provider’s certificate to serve as a
38 recovery residence; deleting a requirement that an
39 officer, a director, or a chief financial officer of a
40 certified recovery residence be immediately removed
41 from that position within a specified timeframe under
42 certain circumstances; reenacting s. 397.411(1)(a),
43 F.S., relating to inspection of licensed service
44 providers, to incorporate the amendment made to s.
45 397.410, F.S., in a reference thereto; reenacting ss.
46 397.4104(2) and 397.4873(7), F.S., relating to records
47 of recovery residences used by service providers and
48 penalties for licensed recovery residences,
49 respectively, to incorporate the amendment made to s.
50 397.415, F.S., in references thereto; providing an
51 effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Present subsection (11) of section 394.875,
56 Florida Statutes, is redesignated as subsection (12), and a new
57 subsection (11) is added to that section, to read:
58 394.875 Crisis stabilization units, residential treatment
59 facilities, and residential treatment centers for children and
60 adolescents; authorized services; license required.—
61 (11) Providers licensed for primary inpatient or outpatient
62 mental health services may not use a recovery residence
63 certified pursuant to s. 397.487 to provide housing to their
64 patients. All such housing must be licensed pursuant to this
65 section. Service providers licensed under chapter 397 which are
66 certified by the credentialing agency as Level IV programs
67 pursuant to s. 397.311(5)(d) may use their certified recovery
68 residences to provide housing to persons who receive primary
69 outpatient mental health services pursuant to licensure obtained
70 pursuant to this section. Such housing must be segregated based
71 upon primary diagnosis.
72 Section 2. Subsections (6) and (7) of section 397.407,
73 Florida Statutes, are amended to read:
74 397.407 Licensure process; fees.—
75 (6) The department may issue probationary, regular, and
76 interim licenses. The department may issue one license for all
77 service components operated by a service provider and defined
78 pursuant to s. 397.311(27). The license is valid only for the
79 specific service components listed for each specific location
80 identified on the license. The licensed service provider must
81 shall apply for the addition of any service components and
82 obtain approval before initiating additional services. The
83 licensed service provider must notify the department and provide
84 any required documentation at least 30 days before the
85 relocation of any of its service sites. Provision of service
86 components or delivery of services at a location not identified
87 on the license may be considered an unlicensed operation that
88 authorizes the department to seek an injunction against
89 operation as provided in s. 397.401, in addition to other
90 sanctions authorized by s. 397.415. Probationary and regular
91 licenses may be issued only after all required information has
92 been submitted. A license may not be transferred to a new owner
93 consistent with the procedures set forth in s. 408.807. As used
94 in this subsection, the term “transfer” means:
95 (a) An event in which the licensee sells or otherwise
96 transfers its ownership to a different individual or entity as
97 evidenced by a change in federal employer identification number
98 or taxpayer identification number; or
99 (b) An event in which 51 percent or more of the ownership,
100 shares, membership, or controlling interest of a licensee is in
101 any manner transferred or otherwise assigned. This paragraph
102 does not apply to a licensee that is publicly traded on a
103 recognized stock exchange. A change solely in the management
104 company or board of directors is not a change of ownership
105 includes, but is not limited to, the transfer of a majority of
106 the ownership interest in the licensed entity or transfer of
107 responsibilities under the license to another entity by
108 contractual arrangement.
109 (7) Upon receipt of a complete application, payment of
110 applicable fees, and a demonstration of substantial compliance
111 with all applicable statutory and regulatory requirements, the
112 department may issue a probationary license to a new service
113 provider applicant with services that are not yet fully
114 operational. The department shall issue a regular license within
115 30 calendar days after receipt of a complete application from an
116 existing licensed service provider that is in compliance with
117 all renewal requirements and that is seeking to add licensed
118 services or one or more additional levels of care at an existing
119 licensed location or at one or more new locations when:
120 (a) The application is from a provider with the same
121 federal tax identification number as the existing provider; and
122 (b) A complete application is provided consistent with this
123 chapter.
124
125 No other additional requirements may be imposed upon an existing
126 service provider seeking to add new levels of care or new
127 locations The department may not issue a probationary license
128 when doing so would place the health, safety, or welfare of
129 individuals at risk. A probationary license expires 90 days
130 after issuance and may not be reissued. During the probationary
131 period the department shall monitor the delivery of services.
132 Notwithstanding s. 120.60(5), the department may order a
133 probationary licensee to cease and desist operations at any time
134 it is found to be substantially out of compliance with licensure
135 standards. This cease-and-desist order is exempt from the
136 requirements of s. 120.60(6).
137 Section 3. Paragraph (c) of subsection (1) of section
138 397.410, Florida Statutes, is amended to read:
139 397.410 Licensure requirements; minimum standards; rules.—
140 (1) The department shall establish minimum requirements for
141 licensure of each service component, as defined in s.
142 397.311(27), including, but not limited to:
143 (c) The number and qualifications of all personnel,
144 including, but not limited to, management, nursing, and
145 qualified professionals, having responsibility for any part of
146 an individual’s clinical treatment. These requirements must
147 include, but are not limited to:
148 1. Education; credentials, such as licensure or
149 certification, if appropriate; training; and supervision of
150 personnel providing direct clinical treatment.
151 2. Minimum staffing ratios to provide adequate safety,
152 care, and treatment.
153 3. Hours of staff coverage.
154 4. The maximum number of individuals who may receive
155 clinical services together in a group setting; however, group
156 room size and the maximum number of individuals who receive
157 clinical services within such a space must be determined by the
158 applicable building and fire codes.
159 5. The maximum number of licensed service providers for
160 which a physician may serve as medical director and the total
161 number of individuals he or she may treat in that capacity.
162 Section 4. Paragraph (d) of subsection (1) of section
163 397.415, Florida Statutes, is amended to read:
164 397.415 Denial, suspension, and revocation; other
165 remedies.—
166 (1) If the department determines that an applicant or
167 licensed service provider or licensed service component thereof
168 is not in compliance with all statutory and regulatory
169 requirements, the department may deny, suspend, revoke, or
170 impose reasonable restrictions or penalties on the license or
171 any portion of the license. In such case:
172 (d) The department may deny, suspend, or revoke the license
173 of a service provider or may suspend or revoke the license as to
174 the operation of any service component or location identified on
175 the license for:
176 1. False representation of a material fact in the license
177 application or omission of any material fact from the
178 application.
179 2. An intentional or negligent act materially affecting the
180 health or safety of an individual receiving services from the
181 provider.
182 3. A violation of this chapter or applicable rules.
183 4. A demonstrated pattern of deficient performance.
184 5. Failure to timely notify the department of immediately
185 remove service provider personnel subject to background
186 screening pursuant to s. 397.4073 who are arrested and awaiting
187 disposition for or found guilty of, regardless of adjudication,
188 or have entered a plea of guilty or nolo contendere or guilty
189 to, regardless of whether adjudication is withheld, any offense
190 prohibited under the screening standard and notify the
191 department within 2 days after such event removal, excluding
192 weekends and holidays.
193 Section 5. Paragraphs (a) and (d) of subsection (8) of
194 section 397.487, Florida Statutes, are amended to read:
195 397.487 Voluntary certification of recovery residences.—
196 (8) Onsite followup monitoring of a certified recovery
197 residence may be conducted by the credentialing entity to
198 determine continuing compliance with certification requirements.
199 The credentialing entity shall inspect each certified recovery
200 residence at least annually to ensure compliance.
201 (a) A credentialing entity may suspend or revoke a
202 certification if the recovery residence is not in compliance
203 with any provision of this section or has failed to remedy any
204 deficiency identified by the credentialing entity within the
205 time period specified. For purposes of this paragraph, the
206 credentialing entity may not request or obtain clinical or
207 medical records of a resident, or the department-approved
208 policies and procedures of a licensed service provider, when
209 determining whether to suspend or revoke a certificate,
210 consistent with the privacy protections afforded pursuant to s.
211 397.501(7) and 42 C.F.R. part 2.
212 (d) If any owner, director, or chief financial officer of a
213 certified recovery residence is arrested and awaiting
214 disposition for or found guilty of, or enters a plea of guilty
215 or nolo contendere to, regardless of whether adjudication is
216 withheld, any offense listed in s. 435.04(2) while acting in
217 that capacity, the certified recovery residence must immediately
218 remove the person from that position and notify the
219 credentialing entity within 3 business days after such event
220 removal. The credentialing entity must revoke the certificate of
221 compliance of a certified recovery residence that fails to meet
222 these requirements.
223 Section 6. For the purpose of incorporating the amendment
224 made by this act to section 397.410, Florida Statutes, in a
225 reference thereto, paragraph (a) of subsection (1) of section
226 397.411, Florida Statutes, is reenacted to read:
227 397.411 Inspection; right of entry; classification of
228 violations; records.—
229 (1)(a) An authorized agent of the department may conduct
230 announced or unannounced inspections, at any time, of a licensed
231 service provider to determine whether it is in compliance with
232 statutory and regulatory requirements, including, but not
233 limited to, the minimum requirements for licensure in s.
234 397.410.
235 Section 7. For the purpose of incorporating the amendment
236 made by this act to section 397.415, Florida Statutes, in a
237 reference thereto, subsection (2) of section 397.4104, Florida
238 Statutes, is reenacted to read:
239 397.4104 Record of recovery residences used by service
240 providers.—
241 (2) Beginning July 1, 2022, a licensed service provider
242 that violates this section is subject to an administrative fine
243 of $1,000 per occurrence. The department may suspend or revoke a
244 service provider’s license pursuant to s. 397.415 for repeat
245 violations of this section.
246 Section 8. For the purpose of incorporating the amendment
247 made by this act to section 397.415, Florida Statutes, in a
248 reference thereto, subsection (7) of section 397.4873, Florida
249 Statutes, is reenacted to read:
250 397.4873 Referrals to or from recovery residences;
251 prohibitions; penalties.—
252 (7) A licensed service provider that violates this section
253 is subject to an administrative fine of $1,000 per occurrence.
254 If such fine is imposed by final order of the department and is
255 not subject to further appeal, the service provider shall pay
256 the fine plus interest at the rate specified in s. 55.03 for
257 each day beyond the date set by the department for payment of
258 the fine. If the service provider does not pay the fine plus any
259 applicable interest within 60 days after the date set by the
260 department, the department shall immediately suspend the service
261 provider’s license. Repeat violations of this section may
262 subject a provider to license suspension or revocation pursuant
263 to s. 397.415. The department shall establish a mechanism no
264 later than January 1, 2024, for the imposition and collection of
265 fines for violations under this section.
266 Section 9. This act shall take effect July 1, 2026.