Florida Senate - 2020 SB 1120 By Senator Harrell 25-00938A-20 20201120__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to substance abuse services; amending 2 s. 397.4073, F.S.; specifying that certified recovery 3 residence administrators and certain persons 4 associated with certified recovery residences are 5 subject to certain background screenings; requiring, 6 rather than authorizing, the exemption from 7 disqualification from employment for certain substance 8 abuse service provider personnel; amending s. 397.487, 9 F.S.; deleting a provision relating to background 10 screenings for certain persons associated with 11 applicant recovery residences; amending s. 397.4872, 12 F.S.; deleting provisions relating to exemptions from 13 disqualification for certain persons associated with 14 recovery residences; amending s. 817.505, F.S.; 15 revising provisions relating to payment practices 16 exempt from prohibitions on patient brokering; 17 amending ss. 397.4871 and 435.07, F.S.; conforming 18 provisions to changes made by the act; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section 1. Paragraph (

a) of subsection (1) and paragraph 24 (

b) of subsection (4) of

section 397.4073, Florida Statutes, are 25 amended to read: 26 397.4073 Background checks of service provider personnel.— 27

(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 28 EXCEPTIONS.— 29

Florida Senate - 2020 SB 1120 25-00938A-20 20201120__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. (

a) For all individuals screened on or after July 1, 2020 30 2019, background checks shall apply as follows: 31 1. All owners, directors, chief financial officers, and 32 clinical supervisors of service providers are subject to level 2 33 background screening as provided under s. 408.809 and

chapter 34 435. Inmate substance abuse programs operated directly or under 35 contract with the Department of Corrections are exempt from this 36 requirement. 37 2. All service provider personnel who have direct contact 38 with children receiving services or with adults who are 39 developmentally disabled receiving services are subject to level 40 2 background screening as provided under s. 408.809 and

chapter 41 435. 42 3. All peer specialists who have direct contact with 43 individuals receiving services are subject to level 2 background 44 screening as provided under s. 408.809 and

chapter 435. 45 4. All certified recovery residence owners, directors, 46 chief financial officers, and certified recovery residence 47 administrators are subject to level 2 background screening as 48 provided under s. 408.809 and

chapter 435. 49

(4) EXEMPTIONS FROM DISQUALIFICATION.— 50 (

b) Since rehabilitated substance abuse impaired persons 51 are effective in the successful treatment and rehabilitation of 52 individuals with substance use disorders, for service providers 53 which treat adolescents 13 years of age and older, service 54 provider personnel whose background checks indicate crimes under 55 s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 56 831.01, s. 831.02, s. 893.13, or s. 893.147, and any related 57 criminal attempt, solicitation, or conspiracy under s. 777.04, 58

Florida Senate - 2020 SB 1120 25-00938A-20 20201120__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. shall may be exempted from disqualification from employment 59 pursuant to this paragraph. 60

Section 2. Subsection (6) of

section 397.487, Florida 61 Statutes, is amended to read: 62 397.487 Voluntary certification of recovery residences.— 63

(6) All owners, directors, and chief financial officers of 64 an applicant recovery residence are subject to level 2 65 background screening as provided under s. 408.809 and

chapter 66 435. A recovery residence is ineligible for certification, and a 67 credentialing entity shall deny a recovery residence’s 68 application, if any owner, director, or chief financial officer 69 has been found guilty of, or has entered a plea of guilty or 70 nolo contendere to, regardless of adjudication, any offense 71 listed in s. 408.809(4) or s. 435.04(2) unless the department 72 has issued an exemption under s. 397.4073 or s. 397.4872. In 73 accordance with s. 435.04, the department shall notify the 74 credentialing agency of an owner’s, director’s, or chief 75 financial officer’s eligibility based on the results of his or 76 her background screening. 77

Section

Section 397.4872, Florida Statutes, is amended 78 to read: 79 397.4872 Exemption from disqualification; Publication.— 80

(1) Individual exemptions to staff disqualification or 81 administrator ineligibility may be requested if a recovery 82 residence deems the decision will benefit the program. Requests 83 for exemptions must be submitted in writing to the department 84 within 20 days after the denial by the credentialing entity and 85 must include a justification for the exemption. 86

(2) The department may exempt a person from ss. 397.487(6) 87

Florida Senate - 2020 SB 1120 25-00938A-20 20201120__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. and 397.4871(5) if it has been at least 3 years since the person 88 has completed or been lawfully released from confinement, 89 supervision, or sanction for the disqualifying offense. An 90 exemption from the disqualifying offenses may not be given under 91 any circumstances for any person who is a: 92 (

a) Sexual predator pursuant to s. 775.21; 93 (

b) Career offender pursuant to s. 775.261; or 94 (

c) Sexual offender pursuant to s. 943.0435, unless the 95 requirement to register as a sexual offender has been removed 96 pursuant to s. 943.04354. 97

(3) By April 1, 2016, each credentialing entity shall 98 submit a list to the department of all recovery residences and 99 recovery residence administrators certified by the credentialing 100 entity that hold a valid certificate of compliance. Thereafter, 101 the credentialing entity must notify the department within 3 102 business days after a new recovery residence or recovery 103 residence administrator is certified or a recovery residence or 104 recovery residence administrator’s certificate expires or is 105 terminated.

The department shall publish on its website a list 106 of all recovery residences that hold a valid certificate of 107 compliance. The department shall also publish on its website a 108 list of all recovery residence administrators who hold a valid 109 certificate of compliance. A recovery residence or recovery 110 residence administrator shall be excluded from the list upon 111 written request to the department by the listed individual or 112 entity. 113

Section 4. Paragraph (

a) of subsection (3) of

section 114 817.505, Florida Statutes, is amended to read: 115 817.505 Patient brokering prohibited; exceptions; 116

Florida Senate - 2020 SB 1120 25-00938A-20 20201120__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. penalties.— 117

(3) This

section shall not apply to the following payment 118 practices: 119 (

a) Any discount, payment, waiver of payment, or payment 120 practice not prohibited expressly authorized by 42 U.S.C. s. 121 1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations 122 promulgated adopted thereunder regardless of whether such 123 discount, payment, waiver of payment, or payment practice 124 involves items or services for which payment may be made in 125 whole or in part under federal health care programs as defined 126 in 42 U.S.C. s. 1320a-7b(f), as that definition exists on July 127 1, 2020. 128

Section 5. Subsection (5) of

section 397.4871, Florida 129 Statutes, is amended to read: 130 397.4871 Recovery residence administrator certification.— 131

(5) All applicants are subject to level 2 background 132 screening as provided under

chapter 435. An applicant is 133 ineligible, and a credentialing entity shall deny the 134 application, if the applicant has been found guilty of, or has 135 entered a plea of guilty or nolo contendere to, regardless of 136 adjudication, any offense listed in s. 408.809 or s. 435.04(2) 137 unless the department has issued an exemption under s. 397.4073 138 or s. 435.07 s. 397.4872. In accordance with s. 435.04, the 139 department shall notify the credentialing agency of the 140 applicant’s eligibility based on the results of his or her 141 background screening. 142

Section 6. Subsection (2) of

section 435.07, Florida 143 Statutes, is amended to read: 144 435.07 Exemptions from disqualification.—Unless otherwise 145

Florida Senate - 2020 SB 1120 25-00938A-20 20201120__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. provided by law, the provisions of this

section apply to 146 exemptions from disqualification for disqualifying offenses 147 revealed pursuant to background screenings required under this 148 chapter, regardless of whether those disqualifying offenses are 149 listed in this

chapter or other laws. 150

(2) Persons employed, or applicants for employment, by 151 treatment providers who treat adolescents 13 years of age and 152 older who are disqualified from employment solely because of 153 crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 154 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any 155 related criminal attempt, solicitation, or conspiracy under s. 156 777.04, shall may be exempted from disqualification from 157 employment pursuant to this

chapter without application of the 158 waiting period in subparagraph (1)(a)1. 159

Section 7. This act shall take effect July 1, 2020. 160