Florida SB 404: Public Records/Photograph or Video or Audio Recording of the Killing of a Minor/Autopsy Reports of Minors

Bill Text

404 
Postsurgical Recovery Homes 
2025-11-05T07:27:29Z 
Creating the "Postsurgical Recovery Home Safety Act"; providing licensure requirements to operate a postsurgical recovery home; requiring inspections before issuing a license and annually thereafter; prohibiting operating or advertising a postsurgical recovery home without a license; prohibiting a postsurgical recovery home from providing patient care without meeting certain staffing requirements, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
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 Florida Senate - 2026 SB 404 

 By Senator Garcia 

 36-00615-26 2026404__ 
 1 A bill to be entitled 
 2 An act relating to postsurgical recovery homes; 
 3 creating part XII of ch. 400, F.S., entitled 
 4 “Postsurgical Recovery Home Safety Act”; creating s. 
 5 400.9991, F.S.; providing a short title; creating s. 
 6 400.9992, F.S.; providing legislative findings and 
 7 intent; creating s. 400.9993, F.S.; defining terms; 
 8 creating s. 400.9994, F.S.; providing licensure 
 9 requirements to operate a postsurgical recovery home; 
 10 requiring inspections before issuing a license and 
 11 annually thereafter; creating s. 400.9995, F.S.; 
 12 providing minimum standards for staff and facilities; 
 13 creating s. 400.9996, F.S.; prohibiting operating or 
 14 advertising a postsurgical recovery home without a 
 15 license; prohibiting a postsurgical recovery home from 
 16 providing patient care without meeting certain 
 17 staffing requirements; creating s. 400.9997, F.S.; 
 18 providing penalties; creating s. 400.9998, F.S.; 
 19 requiring the Agency for Health Care Administration to 
 20 adopt rules; providing an effective date. 
 21 
 22 Be It Enacted by the Legislature of the State of Florida: 
 23 
 24 Section 1. Part XII of chapter 400, Florida Statutes, 
 25 consisting of ss. 400.9991 through 400.9998, Florida Statutes, 
 26 is created and entitled “Postsurgical Recovery Home Safety Act.” 
 27 Section 2. Section 400.9991, Florida Statutes, is created 
 28 to read: 
 29 400.9991 Short title.—Sections 400.9991-400.9998 may be 
 30 cited as the “Postsurgical Recovery Home Safety Act.” 
 31 Section 3. Section 400.9992, Florida Statutes, is created 
 32 to read: 
 33 400.9992 Legislative findings and intent.—The Legislature 
 34 finds that unregulated facilities providing care to patients 
 35 recovering from surgical or medical procedures present risks to 
 36 patient safety, health, and well-being. It is the intent of the 
 37 Legislature to establish clear standards, licensing 
 38 requirements, and oversight for such facilities to ensure the 
 39 safe recovery of patients and to prevent confusion with 
 40 addiction recovery residences. 
 41 Section 4. Section 400.9993, Florida Statutes, is created 
 42 to read: 
 43 400.9993 Definitions.—As used in this part, the term: 
 44 (1) “Agency” means the Agency for Health Care 
 45 Administration. 
 46 (2) “Patient” means an individual admitted to a 
 47 postsurgical recovery home following a medical or surgical 
 48 procedure. 
 49 (3) “Postsurgical recovery home” means a licensed 
 50 residential facility providing short-term, nonacute care and 
 51 support to patients recovering from surgical or medical 
 52 procedures which is staffed with licensed health care 
 53 professionals. 
 54 (4) “Recovery plan” means a written care plan developed in 
 55 coordination with the patient’s surgeon or medical provider 
 56 outlining necessary postoperative care. 
 57 Section 5. Section 400.9994, Florida Statutes, is created 
 58 to read: 
 59 400.9994 Licensure.— 
 60 (1) A person or an entity must be licensed by the agency to 
 61 operate a postsurgical recovery home. 
 62 (2) An applicant for licensure must submit all of the 
 63 following: 
 64 (a) Proof of compliance with all facility safety standards. 
 65 (b) Criminal background checks for all owners and staff. 
 66 (c) Proof of general liability and medical malpractice 
 67 insurance. 
 68 (3) The agency shall inspect each postsurgical recovery 
 69 home before issuing a license and annually thereafter. 
 70 Section 6. Section 400.9995, Florida Statutes, is created 
 71 to read: 
 72 400.9995 Minimum standards for postsurgical recovery 
 73 homes.— 
 74 (1)(a) At least one licensed practical nurse or registered 
 75 nurse must be on site or on call 24 hours a day, 7 days a week. 
 76 (b) All staff must be trained in cardiopulmonary 
 77 resuscitation, basic wound care, and postoperative care 
 78 procedures. 
 79 (2) The ratio of staff to patients must be maintained as 
 80 follows: 
 81 (a) Daytime: 1 to 8. 
 82 (b) Nighttime: 1 to 6. 
 83 (3) Facility safety standards must include all of the 
 84 following: 
 85 (a) Patient rooms and bathrooms that comply with the 
 86 Americans with Disabilities Act. 
 87 (b) Emergency power supply for critical equipment. 
 88 (c) Proper disposal of medical waste. 
 89 (4) Each facility must maintain: 
 90 (a) Written hurricane evacuation an