THE BILL ITSELF
CS/HB 923
Recovery Residences
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A bill to be entitled
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An act relating to recovery residences; amending s.
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397.407, F.S.; specifying the level of background
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screening the Department of Children and Families must
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require of certain persons; prohibiting the department
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from requiring certain existing licensed service
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providers that are seeking to add licensed services or
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one or more additional levels of care at an existing
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licensed location or at one or more new locations to
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admit individuals for services during the probationary
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period, if certain requirements are met within a
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specified timeframe; amending s. 397.487, F.S.;
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removing provisions prohibiting certified recovery
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residences from denying an individual access to
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housing under specified circumstances on or after a
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specified date; 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. Subsections (6) and (7) of section 397.407,
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Florida Statutes, are amended to read:
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397.407 Licensure process; fees.—
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(6)(a) The department may issue probationary, regular, and
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interim licenses. The department may issue one license for all
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service components operated by a service provider and defined
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pursuant to s. 397.311(27). The license is valid only for the
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specific service components listed for each specific location
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identified on the license. The licensed service provider must
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shall apply for the addition of any service components and
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obtain approval before initiating additional services. The
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licensed service provider must notify the department and provide
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any required documentation at least 30 days before the
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relocation of any of its service sites. Provision of service
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components or delivery of services at a location not identified
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on the license may be considered an unlicensed operation that
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authorizes the department to seek an injunction against
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operation as provided in s. 397.401, in addition to other
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sanctions authorized by s. 397.415. Probationary and regular
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licenses may be issued only after all required information has
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been submitted. A license may not be transferred. As used in
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this subsection, the term "transfer" means includes, but is not
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limited to, the transfer of a majority of the ownership interest
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in the licensed entity or transfer of responsibilities under the
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license to another entity by contractual arrangement.
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(b) For an event in which 5 percent or greater of the
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controlling interest of a licensee is in any manner transferred
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to another person or entity, the department shall only require
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level 2 background screening pursuant to s. 397.4073 for
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officers, directors, managing members, and individuals who
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exercise operational control over the licensee on behalf of that
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person or entity.
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(7)(a) Upon receipt of a complete application, payment of
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applicable fees, and a demonstration of substantial compliance
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with all applicable statutory and regulatory requirements, the
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department may issue a probationary license to a service
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provider applicant with services that are not yet fully
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operational. The department may not issue a probationary license
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when doing so would place the health, safety, or welfare of
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individuals at risk. A probationary license expires 90 days
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after issuance and may not be reissued. During the probationary
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period the department shall monitor the delivery of services.
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Notwithstanding s. 120.60(5), the department may order a
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probationary licensee to cease and desist operations at any time
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it is found to be substantially out of compliance with licensure
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standards. This cease-and-desist order is exempt from the
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requirements of s. 120.60(6).
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(b) For an existing licensed service provider seeking to
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add one or more additional levels of care at an existing
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licensed location or at one or more new locations where the
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provider will offer the same level of care that the provider is
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currently licensed to provide, the department may not require
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the provider to admit individuals for services during the
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probationary license period if the provider has no outstanding
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violations pursuant to s. 397.411 and the department has not
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taken any actions against the provider's existing license
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pursuant to s. 397.415 within the prior 12 months.
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Section 2. Subsection (13) of section 397.487, Florida
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Statutes, is amended to read:
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397.487 Voluntary certification of recovery residences.—
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(13) Beginning January 1, 2025, a certified recovery
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residence may not deny an individual access to housing solely on
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the basis that he or she has been prescribed federally approved
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medication that assists with treatment for substance use
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disorders by a licensed physician, a physician's assistant, or
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an advanced practice registered nurse registered under s.
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464.0123.
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Section 3. This act shall take effect July 1, 2026.