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Florida Statutes, Title XXIX

Florida/Statutes

← All Florida coverage

Title XXIX, Public Health

23 chapters · 1,503 sections in this title.

All chapters in Title XXIX1,503 Ch 403, Environmental Control335 Ch 400, Nursing Homes and Related Health Car…178 Ch 381, Public Health: General Provisions160 Ch 394, Mental Health126 Ch 397, Substance Abuse Services81 Ch 395, Hospital Licensing and Regulation79 Ch 408, Health Care Administration76 Ch 402, Health and Human Services: Miscellan…75 Ch 383, Maternal and Infant Health Care59 Ch 401, Medical Telecommunications and Trans…53 Ch 388, Mosquito Control39 Ch 393, Developmental Disabilities36 Ch 406, Medical Examiners; Disposition of Hu…30 Ch 382, Vital Statistics28

81 sections·Filtered byTitle XXIX✕Ch 397✕

Fla. Stat. § 397.301 Short title
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This act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”History.—s. 2, ch. 93-39; s. 6, ch. 2009-132.
Fla. Stat. § 397.305 Legislative findings, intent, and purpose
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(1) Substance abuse is a major health problem that affects multiple service systems and leads to such profoundly disturbing consequences as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling health care costs, AIDS, and business losses, and …
Fla. Stat. § 397.311 Definitions
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As used in this chapter, except part VIII, the term:(1) “Ancillary services” are services that include, but are not limited to, special diagnostic, prenatal and postnatal, other medical, mental health, legal, economic, vocational, employment, and educational services.(2) “Authori…
Fla. Stat. § 397.321 Duties of the department
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The department shall:(1) Develop a comprehensive state plan for the provision of substance abuse services. The plan must include:(a) Identification of incidence and prevalence of problems related to substance abuse.(b) Description of current services.(c) Need for services.(d) Cos…

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Fla. Stat. § 397.333 Statewide Drug Policy Advisory Council

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(1)(a) The Statewide Drug Policy Advisory Council shall be located in the Department of Health. The Surgeon General or his or her designee shall be a nonvoting, ex officio member of the advisory council and shall act as chairperson. The director of the Office of Planning and Budg…

Fla. Stat. § 397.334 Treatment-based drug court programs

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(1) Each county may fund a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will be processed in such a manner as to appropriately address the severity of the identified substance abuse problem through treatment …

Fla. Stat. § 397.335 Statewide Council on Opioid Abatement

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(1) ESTABLISHMENT.—The Statewide Council on Opioid Abatement, an advisory council as defined in s. 20.03(7), is created within the department for the purpose of enhancing the development and coordination of state and local efforts to abate the opioid epidemic and to support the v…

Fla. Stat. § 397.341 Transportation of individuals by law enforcement officers

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A law enforcement officer transporting an individual pursuant to this chapter shall restrain that individual in the least restrictive manner available and appropriate under the circumstances.History.—s. 3, ch. 2022-41.

Fla. Stat. § 397.401 License required; penalty; injunction; rules waivers

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(1) It is unlawful for any person or agency to act as a substance abuse service provider unless it is licensed or exempt from licensure under this chapter.(2) A violation of subsection (1) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 77…

Fla. Stat. § 397.4012 Exemptions from licensure

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The following are exempt from the licensing provisions of this chapter:(1) A hospital or hospital-based component licensed under chapter 395.(2) A nursing home facility as defined in s. 400.021.(3) A substance abuse education program established pursuant to s. 1003.42.(4) A facil…

Fla. Stat. § 397.4014 Licensure and regulation of government-operated substance abuse programs

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Substance abuse programs operated directly or under contract by the department, the Department of Corrections, the Department of Juvenile Justice, any other state agency, or any local correctional agency or authority, which programs constitute any service provider licensable comp…

Fla. Stat. § 397.403 License application

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(1) Applicants for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted by the department. Applications must include at a minimum:(a) Information establishing the name and address of the applicant servi…

Fla. Stat. § 397.407 Licensure process; fees

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(1) The department shall establish the licensure process to include fees and categories of licenses and must prescribe a fee range that is based, at least in part, on the number and complexity of programs listed in s. 397.311(27) which are operated by a licensee. The fees from th…

Fla. Stat. § 397.4073 Background checks of service provider personnel

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(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.—(a) For all individuals screened on or after July 1, 2022, background checks shall apply as follows:1. All owners, directors, chief financial officers, and clinical supervisors of service providers are subject to level…

Fla. Stat. § 397.4075 Unlawful activities relating to personnel; penalties

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It is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:(1) Inaccurately disclose by false statement, misrepresentation, impersonation, or other fraudulent means, or fail to disclose, in any …

Fla. Stat. § 397.410 Licensure requirements; minimum standards; rules

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(1) The department shall establish minimum requirements for licensure of each service component, as defined in s. 397.311(27), including, but not limited to:(a) Standards and procedures for the administrative management of the licensed service component, including procedures for …

Fla. Stat. § 397.4103 Quality improvement programs

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(1) Each service provider must maintain a quality improvement program to objectively and systematically monitor and evaluate the appropriateness and quality of care, to ensure that services are rendered consistent with prevailing professional standards, and to identify and resolv…

Fla. Stat. § 397.4104 Record of recovery residences used by service providers

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(1) By July 1, 2022, a service provider shall record in the department’s Provider Licensure and Designations System the name and location of each recovery residence that the service provider has referred patients to or received patients from and update the record with any changes…

Fla. Stat. § 397.411 Inspection; right of entry; classification of violations; records

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(1)(a) An authorized agent of the department may conduct announced or unannounced inspections, at any time, of a licensed service provider to determine whether it is in compliance with statutory and regulatory requirements, including, but not limited to, the minimum requirements …

Fla. Stat. § 397.415 Denial, suspension, and revocation; other remedies

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(1) If the department determines that an applicant or licensed service provider or licensed service component thereof is not in compliance with all statutory and regulatory requirements, the department may deny, suspend, revoke, or impose reasonable restrictions or penalties on t…

Fla. Stat. § 397.416 Substance abuse treatment services; qualified professional

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Notwithstanding any other provision of law, a person who was certified through a certification process recognized by the former Department of Health and Rehabilitative Services before January 1, 1995, may perform the duties of a qualified professional with respect to substance ab…

Fla. Stat. § 397.417 Peer specialists

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(1) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that:1. The ability to provide adequate behavioral health services is limited by a shortage of professionals and paraprofessionals.2. The state is experiencing an increase in opioid addictions, many of which prove fat…

Fla. Stat. § 397.427 Medication-assisted treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout medication; unlawful operation; penalty

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(1) Providers of medication-assisted treatment services for opiate addiction may not be licensed unless they provide supportive rehabilitation programs. Supportive rehabilitation programs include, but are not limited to, counseling, therapy, and vocational rehabilitation.(2) A se…

Fla. Stat. § 397.431 Individual responsibility for cost of substance abuse impairment services

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(1) Before accepting an individual for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the individual for such services under the provider’s fee system or payment policy must be disclosed to each individual or …

Fla. Stat. § 397.481 Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act

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All service providers as defined in and governed by this chapter are also subject to part IV of chapter 394, the Community Alcohol, Drug Abuse, and Mental Health Services Act.History.—s. 3, ch. 93-39.

Fla. Stat. § 397.482 Lawyer assistance programs; civil immunity

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A person who in good faith reports information or takes action in connection with a lawyer assistance program or a person who receives information in connection with a lawyer assistance program is immune from civil liability for reporting the information, taking the action, or ta…

Fla. Stat. § 397.483 Lawyer assistance programs; presumption of good faith

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A member of a lawyer assistance program or a person reporting information to a lawyer assistance program is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice.History.—s. 2, ch. 2001-240.

Fla. Stat. § 397.484 Lawyer assistance programs; persons entitled to immunity

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The civil immunity provided for in this act shall be liberally construed to accomplish the purposes of this act. The persons entitled to immunity under this act include:(1) Florida Lawyers Assistance, Inc., and other lawyer assistance programs approved by the Florida Supreme Cour…

Fla. Stat. § 397.485 Lawyer assistance programs; information subject to privilege

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All privileged information, whether attorney-client, work product, or otherwise, in any form, furnished to the lawyer assistance program shall remain privileged.History.—s. 4, ch. 2001-240.

Fla. Stat. § 397.486 Lawyer assistance programs; confidentiality of records, proceedings, and communications

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The records, proceedings, and all communications by and between an individual seeking assistance and the lawyer assistance program shall be deemed confidential and shall not be subject to disclosure or available for court subpoena. This section does not prevent the subpoena of bu…

Fla. Stat. § 397.487 Voluntary certification of recovery residences

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(1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long-lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment. The L…

Fla. Stat. § 397.4871 Recovery residence administrator certification

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(1) It is the intent of the Legislature that a recovery residence administrator voluntarily earn and maintain certification from a credentialing entity approved by the Department of Children and Families. The Legislature further intends that certification ensure that an administr…

Fla. Stat. § 397.4872 Exemption from disqualification; publication

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(1) Individual exemptions to staff disqualification or administrator ineligibility may be requested if a recovery residence deems the decision will benefit the program. Requests for exemptions must be submitted in writing to the department within 20 days after the denial by the c…

Fla. Stat. § 397.4873 Referrals to or from recovery residences; prohibitions; penalties

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(1) A service provider licensed under this part may not make a referral of a prospective, current, or discharged patient to, or accept a referral of such a patient from, a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in s. 3…

Fla. Stat. § 397.501 Rights of individuals

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Individuals receiving substance abuse services from any service provider are guaranteed protection of the rights specified in this section, unless otherwise expressly provided, and service providers must ensure the protection of such rights.(1) RIGHT TO INDIVIDUAL DIGNITY.—The di…

Fla. Stat. § 397.55 Prohibition of deceptive marketing practices

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(1) The Legislature recognizes that consumers of substance abuse treatment have disabling conditions and that such consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health car…

Fla. Stat. § 397.581 Unlawful activities relating to assessment and treatment; penalties

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(1) A person may not knowingly and willfully:(a) Furnish false information for the purpose of obtaining emergency or other involuntary admission of another person.(b) Cause or otherwise secure, or conspire with or assist another to cause or secure, any emergency or other involunt…

Fla. Stat. § 397.601 Voluntary admissions

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(1) A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission.(2) Within the financial and space capabilities of the service provider, a person must be admitted to treatment when sufficient evidence exists that the person i…

Fla. Stat. § 397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment

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A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of such impairment or disorder:(1) Has lost the power …

Fla. Stat. § 397.6751 Service provider responsibilities regarding involuntary admissions

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(1) It is the responsibility of the service provider to:(a) Ensure that a person who is admitted to a licensed service component meets the admission criteria specified in s. 397.675;(b) Ascertain whether the medical and behavioral conditions of the person, as presented, are beyon…

Fla. Stat. § 397.6752 Referral of involuntarily admitted individual for voluntary treatment

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Upon giving his or her written informed consent, an involuntarily admitted individual may be referred to a service provider for voluntary admission when the service provider determines that the individual no longer meets involuntary criteria.History.—s. 6, ch. 93-39; s. 739, ch. …

Fla. Stat. § 397.6758 Release of individual from protective custody, emergency admission, involuntary assessment, involuntary treatment, and alternative involuntary assessment of a minor

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An individual involuntarily admitted to a licensed service provider may be released without further order of the court only by a qualified professional in a hospital, a detoxification facility, an addictions receiving facility, or any less restrictive treatment component. Notice …

Fla. Stat. § 397.6759 Parental participation in treatment

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A parent, legal guardian, or legal custodian who seeks involuntary admission of a minor pursuant to ss. 397.675-397.6977 is required to participate in all aspects of treatment as determined appropriate by the director of the licensed service provider.History.—s. 6, ch. 93-39.

Fla. Stat. § 397.6760 Court records; confidentiality

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(1) All petitions for involuntary assessment and stabilization, court orders, and related records that are filed with or by a court under this part are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made con…

Fla. Stat. § 397.677 Protective custody; circumstances justifying

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A law enforcement officer may implement protective custody measures as specified in this part when a minor or an adult who appears to meet the involuntary admission criteria in s. 397.675 is:(1) Brought to the attention of law enforcement; or(2) In a public place.History.—s. 6, c…

Fla. Stat. § 397.6771 Protective custody with consent

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A person in circumstances which justify protective custody, as described in s. 397.677, may consent to be assisted by a law enforcement officer to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is…

Fla. Stat. § 397.6772 Protective custody without consent

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(1) If a person in circumstances which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriat…

Fla. Stat. § 397.6773 Dispositional alternatives after protective custody

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(1) An individual who is in protective custody must be released by a qualified professional when:(a) The individual no longer meets the involuntary admission criteria in s. 397.675;(b) The 72-hour period has elapsed; or(c) The individual has consented to remain voluntarily at the…

Fla. Stat. § 397.6774 Department to maintain lists of licensed facilities

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The department shall provide each municipal and county public safety office with a list of licensed hospitals, detoxification facilities, and addictions receiving facilities, including the name, address, and phone number of, and the services offered by, the licensed service provi…

Fla. Stat. § 397.6775 Immunity from liability

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A law enforcement officer acting in good faith pursuant to this part may not be held criminally or civilly liable for false imprisonment.History.—s. 6, ch. 93-39.