Florida SB 1030: Taxation

Bill Text

1030 
Recovery Residences 
2026-03-18T10:53:08Z 
Requiring the Department of Children and Families to require only a level 2 background screening for certain individuals under certain circumstances; prohibiting the department from requiring certain existing licensed service providers to admit individuals for services during the probationary licensing period if certain requirements and conditions are met, etc. 
ENROLLED 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
er 

 ENROLLED 
 2026 Legislature CS for CS for SB 1030, 1st Engrossed 

 20261030er 
 1 
 2 An act relating to recovery residences; amending s. 
 3 397.407, F.S.; revising the definition of the term 
 4 “transfer”; requiring the Department of Children and 
 5 Families to require only a level 2 background 
 6 screening for certain individuals under certain 
 7 circumstances; prohibiting the department from 
 8 requiring certain existing licensed service providers 
 9 to admit individuals for services during the 
 10 probationary licensing period if certain requirements 
 11 and conditions are met; providing an effective date. 
 12 
 13 Be It Enacted by the Legislature of the State of Florida: 
 14 
 15 Section 1. Subsections (5), (6), and (7) of section 
 16 397.407, Florida Statutes, are amended to read: 
 17 397.407 Licensure process; fees.— 
 18 (5) Except as provided in paragraph (6)(b), the department 
 19 shall conduct background screening, as provided in s. 397.4073, 
 20 as part of the licensure application for all owners, directors, 
 21 chief financial officers, and clinical supervisors of a service 
 22 provider. If the results of the background screening indicate 
 23 that the individual has been found guilty of, regardless of 
 24 adjudication, or has entered a plea of nolo contendere or guilty 
 25 to any offense prohibited under the screening standard, a 
 26 license may not be issued to the applicant service provider 
 27 unless an exemption from disqualification has been granted by 
 28 the department as set forth in chapter 435. The individual has 
 29 90 days within which to obtain the required exemption, during 
 30 which time the applicant’s license remains in effect. 
 31 (6)(a) The department may issue probationary, regular, and 
 32 interim licenses. The department may issue one license for all 
 33 service components operated by a service provider and defined 
 34 pursuant to s. 397.311(27). The license is valid only for the 
 35 specific service components listed for each specific location 
 36 identified on the license. The licensed service provider must 
 37 shall apply for the addition of any service components and 
 38 obtain approval before initiating additional services. The 
 39 licensed service provider must notify the department and provide 
 40 any required documentation at least 30 days before the 
 41 relocation of any of its service sites. Provision of service 
 42 components or delivery of services at a location not identified 
 43 on the license may be considered an unlicensed operation that 
 44 authorizes the department to seek an injunction against 
 45 operation as provided in s. 397.401, in addition to other 
 46 sanctions authorized by s. 397.415. Probationary and regular 
 47 licenses may be issued only after all required information has 
 48 been submitted. A license may not be transferred. As used in 
 49 this subsection, the term “transfer” means includes, but is not 
 50 limited to, the transfer of a majority of the ownership interest 
 51 in the licensed entity or transfer of responsibilities under the 
 52 license to another entity by contractual arrangement. 
 53 (b) If 5 percent or more of the controlling ownership 
 54 interest of a licensed entity is transferred to another person 
 55 or entity, the department must require only a level 2 background 
 56 screening pursuant to s. 397.4073 for officers, directors, 
 57 managing members, and individuals who exercise operational 
 58 control over the licensee on behalf of that person or entity. 
 59 (7)(a) Upon receipt of a complete application, payment of 
 60 applicable fees, and a demonstration of substantial compliance 
 61 with all applicable statutory and regulatory requirements, the 
 62 department may issue a probationary license to a service 
 63 provider applicant with services that are not yet fully 
 64 operational. The department may not issue a probationary license 
 65 when doing so would place the health, safety, or welfare of 
 66 individuals at risk. Notwithstanding paragraph (b), a 
 67 probationary license expires 90 days after issuance and may not 
 68 be reissued. During the probationary period the department shall 
 69 monitor the delivery of services. Notwithstanding s. 120.60(5), 
 70 the department may order a probationary licensee to cease and 
 71 desist operations at any time it is found to be substantially 
 72 out of compliance with licensure standards. This cease-and 
 73 desist order is exempt from the requir