THE BILL ITSELF
SB 404
Postsurgical Recovery Homes
Florida Senate - 2026 SB 404 By Senator Garcia 36-00615-26 2026404__
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A bill to be entitled
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An act relating to postsurgical recovery homes;
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creating part XII of ch. 400, F.S., entitled
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“Postsurgical Recovery Home Safety Act”; creating s.
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400.9991, F.S.; providing a short title; creating s.
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400.9992, F.S.; providing legislative findings and
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intent; creating s. 400.9993, F.S.; defining terms;
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creating s. 400.9994, F.S.; providing licensure
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requirements to operate a postsurgical recovery home;
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requiring inspections before issuing a license and
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annually thereafter; creating s. 400.9995, F.S.;
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providing minimum standards for staff and facilities;
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creating s. 400.9996, F.S.; prohibiting operating or
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advertising a postsurgical recovery home without a
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license; prohibiting a postsurgical recovery home from
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providing patient care without meeting certain
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staffing requirements; creating s. 400.9997, F.S.;
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providing penalties; creating s. 400.9998, F.S.;
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requiring the Agency for Health Care Administration to
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adopt rules; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Part XII of chapter 400, Florida Statutes,
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consisting of ss. 400.9991 through 400.9998, Florida Statutes,
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is created and entitled “Postsurgical Recovery Home Safety Act.”
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Section 2. Section 400.9991, Florida Statutes, is created
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to read:
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400.9991 Short title.—Sections 400.9991-400.9998 may be
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cited as the “Postsurgical Recovery Home Safety Act.”
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Section 3. Section 400.9992, Florida Statutes, is created
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to read:
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400.9992 Legislative findings and intent.—The Legislature
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finds that unregulated facilities providing care to patients
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recovering from surgical or medical procedures present risks to
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patient safety, health, and well-being. It is the intent of the
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Legislature to establish clear standards, licensing
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requirements, and oversight for such facilities to ensure the
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safe recovery of patients and to prevent confusion with
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addiction recovery residences.
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Section 4. Section 400.9993, Florida Statutes, is created
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to read:
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400.9993 Definitions.—As used in this part, the term:
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(1) “Agency” means the Agency for Health Care
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Administration.
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(2) “Patient” means an individual admitted to a
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postsurgical recovery home following a medical or surgical
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procedure.
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(3) “Postsurgical recovery home” means a licensed
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residential facility providing short-term, nonacute care and
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support to patients recovering from surgical or medical
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procedures which is staffed with licensed health care
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professionals.
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(4) “Recovery plan” means a written care plan developed in
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coordination with the patient’s surgeon or medical provider
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outlining necessary postoperative care.
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Section 5. Section 400.9994, Florida Statutes, is created
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to read:
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400.9994 Licensure.—
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(1) A person or an entity must be licensed by the agency to
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operate a postsurgical recovery home.
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(2) An applicant for licensure must submit all of the
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following:
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(a) Proof of compliance with all facility safety standards.
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(b) Criminal background checks for all owners and staff.
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(c) Proof of general liability and medical malpractice
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insurance.
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(3) The agency shall inspect each postsurgical recovery
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home before issuing a license and annually thereafter.
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Section 6. Section 400.9995, Florida Statutes, is created
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to read:
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400.9995 Minimum standards for postsurgical recovery
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homes.—
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(1)(a) At least one licensed practical nurse or registered
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nurse must be on site or on call 24 hours a day, 7 days a week.
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(b) All staff must be trained in cardiopulmonary
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resuscitation, basic wound care, and postoperative care
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procedures.
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(2) The ratio of staff to patients must be maintained as
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follows:
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(a) Daytime: 1 to 8.
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(b) Nighttime: 1 to 6.
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(3) Facility safety standards must include all of the
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following:
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(a) Patient rooms and bathrooms that comply with the
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Americans with Disabilities Act.
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(b) Emergency power supply for critical equipment.
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(c) Proper disposal of medical waste.
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(4) Each facility must maintain:
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(a) Written hurricane evacuation and disaster response
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plans.
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(b) Contracts with nearby hospitals for emergency
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transfers.
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(5) Each facility shall provide a patient, the patient’s
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family, or any other person acting on behalf of the patient
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with:
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(a) A written service agreement before admission.
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(b) Access to a copy of the recovery plan.
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(c) The visitor access policy to prevent isolation.
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Section 7. Section 400.9996, Florida Statutes, is created
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to read:
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400.9996 Prohibited acts.—It is unlawful to:
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(1) Operate a postsurgical recovery home without a license.
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(2) Advertise a facility without a license as a
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postsurgical recovery home.
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(3) Provide patient care in a postsurgical recovery home
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without adequately trained on-duty staff.
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Section 8. Section 400.9997, Florida Statutes, is created
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to read:
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400.9997 Penalties.—
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(1) Any person or entity that violates this part is subject
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to:
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(a) A civil fine of up to $10,000 per violation.
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(b) Immediate suspension or revocation of license.
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(2) Any person or entity that operates a postsurgical
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recovery home without a license commits a felony of the third
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
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775.084.
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Section 9. Section 400.9998, Florida Statutes, is created
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to read:
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400.9998 Rulemaking.—The agency shall adopt necessary rules
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to implement this part, including, but not limited to, licensing
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application and renewal procedures, inspection protocols, and
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training standards for staff.
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Section 10. This act shall take effect July 1, 2026.