Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

Florida Statutes Florida Board of

VIEWS: 10 PAGES: 32

									F.S. 2007                                      SUBSTANCE ABUSE SERVICES                                            Ch. 397

                                                       CHAPTER 397

                                               SUBSTANCE ABUSE SERVICES

                                  PART I GENERAL PROVISIONS (ss. 397.301-397.334)

                                   PART II SERVICE PROVIDERS (ss. 397.401-397.486)

                                        PART III CLIENT RIGHTS (ss. 397.501, 397.581)

                              PART IV VOLUNTARY ADMISSIONS PROCEDURES (s. 397.601)

                      PART V INVOLUNTARY ADMISSIONS PROCEDURES (ss. 397.675-397.6977)

                             PART VI LOCAL ORDINANCE PROHIBITION AND AUTHORIZATION;
                                    ADMISSIONS PROCEDURES (ss. 397.701, 397.702)

                                 PART VII OFFENDER REFERRALS (ss. 397.705, 397.706)

                       PART VIII INMATE SUBSTANCE ABUSE PROGRAMS (ss. 397.752-397.754)

                                PART IX SERVICES COORDINATION (ss. 397.801-397.821)

                                  PART X JUVENILE EMERGENCY PROCEDURES AND
                                     CHILDREN’S SUBSTANCE ABUSE SERVICES
                                               (ss. 397.901-397.998)



                               PART I                            clients, especially for involuntary admissions, primarily
                                                                 through community-based private not-for-profit provid-
                    GENERAL PROVISIONS                           ers working with local governmental programs involv­
                                                                 ing a wide range of agencies from both the public and
397.301      Short title.                                        private sectors.
397.305      Legislative findings, intent, and purpose.              (3) It is the intent of the Legislature to ensure within
397.311      Definitions.                                         available resources a full continuum of substance
397.321      Duties of the department.                           abuse services based on projected identified needs,
397.331      Definitions; legislative intent.                     delivered without discrimination and with adequate pro-
397.332      Office of Drug Control.                              vision for specialized needs.
397.333      Statewide Drug Policy Advisory Council.                (4) It is the goal of the Legislature to discourage
397.334      Treatment-based drug court programs.                substance abuse by promoting healthy lifestyles and
                                                                 drug-free schools, workplaces, and communities.
   397.301 Short title.—This act may be cited as the                (5) It is the purpose of the Legislature to integrate
“Hal S. Marchman Alcohol and Other Drug Services Act             program evaluation efforts, adequate administrative
of 1993.”                                                        support services, and quality assurance strategies with
 History.—s. 2, ch. 93-39.                                       direct service provision requirements and to ensure
                                                                 funds for these purposes.
   397.305 Legislative findings, intent, and purpose.                (6) It is the intent of the Legislature to require the
   (1) Substance abuse is a major health problem and             cooperation of departmental programs, services, and
leads to such profoundly disturbing consequences as              program offices in achieving the goals of this chapter
serious impairment, chronic addiction, criminal behav-           and addressing the needs of clients.

ior, vehicular casualties, spiraling health care costs,             (7) It is the intent of the Legislature to provide, for

AIDS, and business losses, and profoundly affects the            substance abuse impaired adult and juvenile offenders,

learning ability of children within our schools and edu-         an alternative to criminal imprisonment by encouraging

cational systems. Substance abuse impairment is a                the referral of such offenders to service providers not

disease which affects the whole family and the whole             generally available within the correctional system

society and requires specialized prevention, interven-           instead of or in addition to criminal penalties.

tion, and treatment services that support and                       (8) It is the intent of the Legislature to provide,

strengthen the family unit. This chapter is designed to          within the limits of appropriations and safe manage-

provide for substance abuse services.                            ment of the correctional system, substance abuse ser-

   (2) It is the purpose of this chapter to provide for a        vices to substance abuse impaired offenders who are
comprehensive continuum of accessible and quality                incarcerated within the Department of Corrections, in
substance abuse prevention, intervention, and treat-             order to better enable these inmates to adjust to the
ment services in the least restrictive environment of            conditions of society presented to them when their
optimum care that protects and respects the rights of            terms of incarceration end.
                                                             1
Ch. 397                                    SUBSTANCE ABUSE SERVICES                                                  F.S. 2007

   (9) It is the intent of the Legislature to provide for          county in which the judicial proceeding is pending or
assisting substance abuse impaired persons primarily               where the substance abuse impaired person resides or
through health and other rehabilitative services in order          is located, and includes any general or special magis­
to relieve the police, courts, correctional institutions,          trate that may be appointed by the chief judge to pre­
and other criminal justice agencies of a burden that               side over all or part of such proceeding. Otherwise,
interferes with their ability to protect people, apprehend         “court” refers to the court of legal jurisdiction in the con­
offenders, and maintain safe and orderly communities.              text in which the term is used in this chapter.
   (10) It is the purpose of the Legislature to establish             (8) “Department” means the Department of Chil­
a clear framework for the comprehensive provision of               dren and Family Services.
substance abuse services in the context of a coordi­                  (9) “Director” means the chief administrative officer
nated and orderly system.                                          of a service provider.
   (11) It is the intent of the Legislature that the freedom          (10) “Disclose” or “disclosure” means a communica­
of religion of all citizens shall be inviolate. Nothing in         tion of client identifying information, the affirmative veri­
this act shall give any governmental entity jurisdiction to        fication of another person’s communication of client
regulate religious, spiritual, or ecclesiastical services.         identifying information, or the communication of any
 History.—s. 2, ch. 93-39.                                         information of a client who has been identified. Any
                                                                   disclosure made pursuant to this chapter must be lim­
   397.311 Definitions.—As used in this chapter,                    ited to that information which is necessary to carry out
except part VIII:                                                  the purpose of the disclosure.
   (1) “Ancillary services” are services which include,               (11) “Fee system” means a method of establishing
but are not limited to, special diagnostic, prenatal and           charges for services rendered, in accordance with a cli-
postnatal, other medical, mental health, legal, eco­               ent’s ability to pay, used by providers that receive state
nomic, vocational, employment, and educational ser­                funds.
vices.                                                                (12) “For profit” means registered as for profit by the
   (2) “Assessment” means the systematic evaluation                Secretary of State and recognized by the Internal Rev­
of information gathered to determine the nature and                enue Service as a for-profit entity.
severity of the client’s substance abuse problem and                  (13) “Habitual abuser” means a person who is
the client’s need and motivation for services. Assess­             brought to the attention of law enforcement for being
ment entails the use of a psychosocial history supple­             substance impaired, who meets the criteria for involun­
mented, as required by rule, by medical examinations,              tary admission in s. 397.675, and who has been taken
laboratory testing, and psychometric measures.                     into custody for such impairment three or more times
   (3) “Authorized agent of the department” means a                during the preceding 12 months.
person designated by the department to conduct any                    (14) “Hospital” means a hospital or hospital-based
audit, inspection, monitoring, evaluation, or other duty           component licensed under chapter 395.
imposed upon the department pursuant to this chapter.                 (15) “Impaired” or “substance abuse impaired”
An authorized agent must be identified by the depart­               means a condition involving the use of alcoholic bever­
ment as:                                                           ages or any psychoactive or mood-altering substance
   (a) Qualified by the requisite expertise and experi­             in such a manner as to induce mental, emotional, or
ence;                                                              physical problems and cause socially dysfunctional
   (b) Having a need to know the applicable informa­               behavior.
tion; and                                                             (16) “Individualized treatment or service plan”
   (c) Having the assigned responsibility to carry out             means an immediate and a long-range plan for sub­
the applicable duty.                                               stance abuse or ancillary services developed on the
   (4) “Beyond the safe management capabilities of                 basis of a client’s assessed needs.
the service provider” refers to a client who is in need of:           (17) “Law enforcement officer” means a law enforce­
   (a) Supervision;                                                ment officer as defined in s. 943.10(1).
   (b) Medical care; or                                               (18) “Licensed service provider” means a public
   (c) Services,                                                   agency under this chapter, a private for-profit or not-for-
                                                                   profit agency under this chapter, a physician or any
beyond that which the service provider or service com­             other private practitioner licensed under this chapter, or
ponent can deliver.                                                a hospital that offers substance abuse impairment ser­
   (5) “Client” means a recipient of alcohol or other              vices through one or more of the following licensable
drug services delivered by a service provider but does             service components:
not include an inmate pursuant to part VIII unless                    (a) Addictions receiving facility, which is a commu-
expressly so provided.                                             nity-based facility designated by the department to
   (6) “Client identifying information” means the                  receive, screen, and assess clients found to be sub­
name, address, social security number, fingerprints,                stance abuse impaired, in need of emergency treat­
photograph, and similar information by which the iden­             ment for substance abuse impairment, or impaired by
tity of a client can be determined with reasonable accu­           substance abuse to such an extent as to meet the
racy and speed either directly or by reference to other            criteria for involuntary admission in s. 397.675, and to
publicly available information.                                    provide detoxification and stabilization. An addictions
   (7) “Court” means, with respect to all involuntary              receiving facility must be state-owned, state-operated,
proceedings under this chapter, the circuit court of the           or state-contracted, and licensed pursuant to rules
                                                               2
F.S. 2007                                  SUBSTANCE ABUSE SERVICES                                                  Ch. 397

adopted by the department’s Substance Abuse Pro­                   ter 464, of clients whose subacute biomedical, emo­
gram Office which include specific authorization for the             tional, psychosocial, behavioral, or cognitive problems
provision of levels of care and a requirement of sepa­             are so severe that the clients require intensive inpatient
rate accommodations for adults and minors. Addictions              treatment by an interdisciplinary team.
receiving facilities are designated as secure facilities to           (20) “Not for profit” means registered as not for profit
provide an intensive level of care and must have suffi­             by the Secretary of State and recognized by the Inter­
cient staff and the authority to provide environmental             nal Revenue Service as a not-for-profit entity.
security to handle aggressive and difficult-to-manage                  (21) “Physician” means a person licensed under
behavior and deter elopement.                                      chapter 458 to practice medicine or licensed under
   (b) Detoxification, which uses medical and psycho­               chapter 459 to practice osteopathic medicine, and may
logical procedures and a supportive counseling regi­               include, if the context so indicates, an intern or resident
men to assist clients in managing toxicity and withdraw­           enrolled in an intern or resident training program affili­
ing and stabilizing from the physiological and psycho­             ated with an approved medical school, hospital, or
logical effects of substance abuse impairment.                     other facility through which training programs are nor­
   (c) Intensive inpatient treatment, which includes a             mally conducted.
planned regimen of professionally directed evaluation,                (22) “Preliminary screening” means the gathering of
observation, medical monitoring, and clinical protocols            initial information to be used in determining a person’s
provided 24 hours per day, 7 days per week, in a highly            need for assessment or for referral.
structured, live-in environment.                                      (23) “Private practitioner” means a physician
                                                                   licensed under chapter 458 or chapter 459, a psycholo­
   (d) Residential treatment, which provides a struc­
                                                                   gist licensed under chapter 490, or a clinical social
tured, live-in environment within a nonhospital setting
                                                                   worker, marriage and family therapist, or mental health
on a 24-hours-a-day, 7-days-a-week basis, and which                counselor licensed under chapter 491.
includes:                                                             (24) “Program evaluation” or “evaluation” means a
   1. Facilities that provide room and board and treat­            systematic measurement of a service provider’s
ment and rehabilitation within the primary residential             achievement of desired client or service outcomes.
facility; and                                                         (25) “Qualified professional” means a physician
   2. Facilities that are used for room and board only             licensed under chapter 458 or chapter 459; a profes­
and in which treatment and rehabilitation activities are           sional licensed under chapter 490 or chapter 491; or a
provided on a mandatory basis at locations other than              person who is certified through a department-
the primary residential facility. In this case, facilities         recognized certification process for substance abuse
used for room and board and for treatment and rehabili­            treatment services and who holds, at a minimum, a
tation are operated under the auspices of the same pro­            bachelor’s degree. A person who is certified in sub­
vider, and licensing and regulatory requirements would             stance abuse treatment services by a state-recognized
apply to both the residential facility and all other facili­       certification process in another state at the time of
ties in which treatment and rehabilitation activities              employment with a licensed substance abuse provider
occur.                                                             in this state may perform the functions of a qualified
   (e) Day and night treatment, which provides a non­              professional as defined in this chapter but must meet
residential environment with a structured schedule of              certification requirements contained in this subsection
treatment and rehabilitation services.                             no later than 1 year after his or her date of employment.
   (f) Outpatient treatment, which provides individual,               (26) “Quality assurance” means the objective and
group, or family counseling for clients by appointment             internal systematic monitoring of the appropriateness
during scheduled operating hours, with an emphasis on              and quality of client care rendered by a service pro­
assessment and treatment.                                          vider.
   (g) Medication and methadone maintenance treat­                    (27) “Secure facility,” except where the context indi­
ment that uses methadone or other medication as                    cates a correctional system facility, means a provider
authorized by state and federal law, in conjunction with           that has the authority to deter the premature departure
medical, rehabilitative, and counseling services in the            of involuntary clients whose leaving constitutes a viola­
treatment of clients who are dependent upon opioid                 tion of a court order or community-based supervision
drugs.                                                             as provided by law. The term “secure facility” includes
   (h) Prevention, which is a process involving strate­            addictions receiving facilities and facilities authorized
gies aimed at the individual, the environment, or the              by local ordinance for the treatment of habitual abus­
substance, which strategies preclude, forestall, or                ers.
impede the development of substance abuse problems                    (28) “Service provider” or “provider” means a public
and promote responsible personal and social growth of              agency, a private for-profit or not-for-profit agency, a
individuals and families toward full human potential.              person who is a private practitioner, or a hospital
   (i) Intervention, which consists of structured ser­             licensed under this chapter or exempt from licensure
vices targeted toward individuals or groups at risk and            under this chapter.
focused on reducing those factors associated with the                 (29) “Service provider personnel” or “personnel”
onset or the early stages of substance abuse, and                  includes all owners, directors, chief financial officers,
related problems.                                                  staff, and volunteers, including foster parents, of a ser­
   (19) “Medical monitoring” means oversight and                   vice provider.
treatment, 24 hours per day by medical personnel who                  (30) “Stabilization” means:
are licensed under chapter 458, chapter 459, or chap­                 (a) Alleviation of a crisis condition; or
                                                               3
Ch. 397                                                     SUBSTANCE ABUSE SERVICES                                                       F.S. 2007

   (b)     Prevention of further deterioration,                                               (10) Provide a system of documentation and report­
                                                                                           ing commensurate with the requirements of federal and
and connotes short-term emergency treatment.                                               other agencies providing funding to the state.
   History.—s. 2, ch. 93-39; s. 55, ch. 95-228; s. 1, ch. 98-107; s. 1, ch. 98-262;
s. 107, ch. 99-8; s. 52, ch. 2000-139; s. 1, ch. 2002-196; s. 78, ch. 2004-11; s. 2,          (11) Provide, within available funds, training and
ch. 2005-55.                                                                               technical assistance to other state agencies relative to
                                                                                           the problem of substance abuse and develop joint
   397.321 Duties of the department.—The depart­                                           agreements with other state agencies to enhance the
ment shall:                                                                                sharing of information and services.
   (1) Develop a comprehensive state plan for the                                             (12) Develop standards for employee assistance
provision of substance abuse services. The plan must                                       programs for employees of state government, local
include:                                                                                   governments, and private business.
   (a) Identification of incidence and prevalence of                                           (13) Ensure that service provider personnel have
problems related to substance abuse.                                                       background checks as required in this chapter and
   (b) Description of current services.                                                    meet the minimum standards.
   (c) Need for services.                                                                     (14) In cooperation with service providers, foster and
   (d) Cost of services.                                                                   actively seek additional funding to enhance resources
   (e) Priorities for funding.                                                             for prevention, intervention, and treatment services,
   (f) Strategies to address the identified needs and                                       including but not limited to the development of partner­
priorities.                                                                                ships with:
   (g) Resource planning.                                                                     (a) Private industry.
   (2) Ensure that a plan for substance abuse ser­                                            (b) Intradepartmental and interdepartmental pro­
vices is developed at the district level in accordance                                     gram offices, including, but not limited to, child care ser­
with the provisions of part IV of chapter 394.                                             vices; family safety; delinquency services; health ser­
   (3) Provide on a direct or contractual basis, within                                    vices; economic services; and children’s medical ser­
the context of funds made available by appropriation:                                      vices.
   (a) Public education programs and an information                                           (c) State agencies, including, but not limited to, the
clearinghouse to disseminate information about the                                         Departments of Corrections, Education, Community
nature and effects of substance abuse.                                                     Affairs, Elderly Affairs, and Insurance.
   (b) Training for personnel who provide substance                                           (15) Appoint a substance abuse impairment coordi­
abuse services.                                                                            nator to represent the department in efforts initiated by
   (c) A data collection and dissemination system, in                                      the statewide substance abuse impairment prevention
accordance with applicable federal confidentiality regu­                                    and treatment coordinator established in s. 397.801
lations.                                                                                   and to assist the statewide coordinator in fulfilling the
   (d) Basic epidemiological and statistical research                                      responsibilities of that position.
and the dissemination of results.                                                             (16) Recognize a statewide certification process for
   (e) Research in cooperation with qualified                                               addiction professionals and identify and endorse one or
researchers on services delivered pursuant to this                                         more agencies responsible for such certification of ser­
chapter.                                                                                   vice provider personnel.
   (4) Establish a funding program for the dissemina­                                         (17) Provide sufficient and qualified staff to oversee
tion of available federal, state, and private funds                                        all contracting, licensing, and planning functions within
through contractual agreements with community-                                             each of its district offices, as permitted by legislative
based organizations or units of state or local govern­                                     appropriation.
ment which deliver local substance abuse services.                                            (18) Ensure that the department develops and
   (5) Assume responsibility for adopting rules as nec­                                    ensures the implementation of procedures between its
essary to comply with this chapter, including other state                                  Substance Abuse Program Office and other depart­
agencies in this effort, as appropriate.                                                   mental programs regarding the referral of substance
   (6) Assume responsibility for licensing and regulat­                                    abuse impaired persons to service providers, informa­
ing licensable service components delivering sub­                                          tion on service providers, information on methods of
stance abuse services on behalf of service providers                                       identifying substance abuse impaired juveniles, and
pursuant to this chapter.                                                                  procedures for referring such juveniles to appropriate
   (7) Ensure that each licensed service provider                                          service providers.
develops a system and procedures for:                                                         (19) Designate addictions receiving facilities for the
   (a) Client assessment.                                                                  purpose of ensuring that only qualified service provid­
   (b) Individualized treatment or services planning.                                      ers render services within the context of a secure facil­
   (c) Client referral.                                                                    ity setting.
   (d) Client progress reviews.                                                               (20) The department may establish in District 9, in
   (e) Client followup.                                                                    cooperation with the Palm Beach County Board of
   (8) Provide for the systematic and comprehensive                                        County Commissioners, a pilot project to serve in a
program evaluation of substance abuse service provid­                                      managed care arrangement non-Medicaid eligible per­
ers that are state-owned, state-operated, or state-                                        sons who qualify to receive substance abuse or mental
contracted.                                                                                health services from the department. The department
   (9) Advise the Governor in the preparation of plans                                     may contract with a not-for-profit entity to conduct the
to be submitted for federal funding and support.                                           pilot project. The results of the pilot project shall be
                                                                                       4
F.S. 2007                                                  SUBSTANCE ABUSE SERVICES                                                         Ch. 397

reported to the district administrator, and the secretary                                   (2) The purpose of the Office of Drug Control is to
18 months after the initiation. The department shall                                     work in collaboration with the Office of Planning and
incur no additional administrative costs for the pilot                                   Budgeting to:
project.                                                                                    (a) Coordinate drug control efforts and enlist the
  History.—s. 2, ch. 93-39; s. 2, ch. 97-208; s. 34, ch. 97-271; s. 6, ch. 98-152;       assistance of the public and private sectors in those
ss. 53, 54, ch. 2000-139; s. 17, ch. 2000-349.
                                                                                         efforts, including, but not limited to, federal, state, and
   397.331 Definitions; legislative intent.—                                              local agencies.
                                                                                            (b) Provide information to the public about the
   (1) As used in this act, the term:
                                                                                         problem of substance abuse and the substance abuse
   (a) “Substance abuse” means the use of any sub­
                                                                                         programs and services that are available.
stance if such use is unlawful or if such use is detrimen­                                  (c) Act as the Governor’s liaison with state agen­
tal to the user or to others, but is not unlawful.                                       cies, other state governments, the federal Office of
   (b) “Substance abuse programs and services” or                                        National Drug Control Policy, federal agencies, and
“drug control” applies generally to the broad continuum                                  with the public and private sectors on matters that
of prevention, intervention, and treatment initiatives                                   relate to substance abuse.
and efforts to limit substance abuse and also includes                                      (d) Work to secure funding and other support for
initiatives and efforts by law enforcement agencies to                                   the state’s drug control efforts, including, but not limited
limit substance abuse.                                                                   to, establishing cooperative relationships among state
   (2) It is the intent of the Legislature to establish and                              and private agencies.
institutionalize a rational process for long-range plan­                                    (e) Develop a strategic program and funding initia­
ning, information gathering, strategic decisionmaking,                                   tive that links the separate jurisdictional activities of
and funding for the purpose of limiting substance                                        state agencies with respect to drug control. The office
abuse. The Legislature finds that the creation of a state                                 may designate lead and contributing agencies to
Office of Drug Control and a Statewide Drug Policy                                        develop such initiatives.
Advisory Council affords the best means of establish­                                       (f) Advise the Governor and the Legislature on
ing and institutionalizing such a process.                                               substance abuse trends in this state, the status of cur­
   (3) The Legislature finds that any rational and cost-                                  rent substance abuse programs and services, the fund­
effective governmental effort to address substance                                       ing of those programs and services, and the status of
abuse must involve a comprehensive, integrated, and                                      the Office of Drug Control in developing and imple­
multidisciplinary approach to the problem of substance                                   menting the state drug control strategy.
abuse.                                                                                      (g) Make recommendations to the Governor on
   (4) The Legislature further finds that because state                                   measures that the director considers advisable for the
resources must be available to address an array of                                       effective implementation of the state drug control strat­
state needs, including the funding of drug control                                       egy.
efforts, it is critical that:                                                               (3) On or before December 1 of each year, the
   (a) A state drug control strategy be developed and                                    director of the Office of Drug Control shall report to the
implemented;                                                                             Governor and the Legislature on the information and
   (b) Decisions regarding the funding of substance                                      recommendations required under paragraphs (2)(f)
abuse programs and services be based on the state                                        and (g).
                                                                                          History.—s. 2, ch. 99-187.
drug control strategy;
   (c) The state drug control strategy be supported by                                      397.333 Statewide Drug Policy Advisory Council.
the latest empirical research and data;                                                     (1)(a) The Statewide Drug Policy Advisory Council
   (d) The state drug control strategy require perform-                                  is created within the Executive Office of the Governor.
ance-based measurement and accountability;                                               The director of the Office of Drug Control shall be a
   (e) The state drug control strategy require short-                                    nonvoting, ex officio member of the advisory council
term and long-term objectives;                                                           and shall act as chairperson. The director of the Office
   (f) The development and implementation of the                                         of Planning and Budgeting shall be a nonvoting, ex
state drug control strategy afford a broad spectrum of                                   officio member of the advisory council. The Office of
the public and private sectors an opportunity to com­                                    Drug Control and the Office of Planning and Budgeting
ment and make recommendations; and                                                       shall provide staff support for the advisory council.
   (g) Because the nature and scope of the substance                                        (b) The following state officials shall be appointed
abuse problem transcends jurisdictional boundaries of                                    to serve on the advisory council:
any single government agency, the state drug control                                        1. The Attorney General, or his or her designee.
strategy be a comprehensive, integrated, and                                                2. The executive director of the Department of
multidisciplinary response to the problem of substance                                   Law Enforcement, or his or her designee.
abuse.                                                                                      3. The Secretary of Children and Family Services,
  History.—s. 1, ch. 99-187.                                                             or his or her designee.
                                                                                            4. The 1State Surgeon General, or his or her des­
  397.332 Office of Drug Control.—                                                        ignee.
  (1) The Office of Drug Control is created within the                                       5. The Secretary of Corrections, or his or her des­
Executive Office of the Governor. The Governor shall                                      ignee.
appoint a director of the Office of Drug Control, who                                        6. The Secretary of Juvenile Justice, or his or her
shall be subject to confirmation by the Senate.                                           designee.
                                                                                     5
Ch. 397                                   SUBSTANCE ABUSE SERVICES                                                  F.S. 2007

   7. The Commissioner of Education, or his or her                public and private sectors in order to ensure that the
designee.                                                         process of developing and implementing the state drug
   8. The executive director of the Department of                 control strategy has afforded a broad spectrum of the
Highway Safety and Motor Vehicles, or his or her desig­           public and private sectors an opportunity to comment
nee.                                                              and make recommendations.
   9. The Adjutant General of the state as the Chief                 (b) Review and make recommendations to the
of the Department of Military Affairs, or his or her desig­       Governor and Legislature on funding substance abuse
nee.                                                              programs and services, consistent with the state drug
   (c) In addition, the Governor shall appoint 11 mem­            control strategy, as developed. The council may rec­
bers of the public to serve on the advisory council. Of           ommend the creation of a separate appropriations cat­
the 11 appointed members, one member must have                    egory for funding services delivered or procured by
professional or occupational expertise in drug enforce­           state agencies and may recommend the use of per-
ment, one member must have professional or occupa­                formance-based contracting as provided in s. 414.065.
tional expertise in substance abuse prevention, one                  (c) Review various substance abuse programs and
member must have professional or occupational exper­              recommend, where needed, measures that are suffi­
tise in substance abuse treatment, and two members                cient to determine program outcomes. The council
must have professional or occupational expertise in               shall review different methodologies for evaluating pro­
faith-based substance abuse treatment services. The               grams and determine whether programs within differ­
remainder of the members appointed should have pro­               ent agencies have common outcomes. The methodolo­
fessional or occupational expertise in, or be generally           gies shall be consistent with those established under
knowledgeable about, issues that relate to drug                   2s. 216.0166.

enforcement and substance abuse programs and ser­                    (d) Review the drug control strategies and pro­
vices. The members appointed by the Governor must,                grams of, and efforts by, other states and the Federal
to the extent possible, equitably represent all geo­              Government and compile the relevant research.
graphic areas of the state.                                          (e) Recommend to the Governor and Legislature
   (d) The President of the Senate shall appoint a                applied research projects that would use research
member of the Senate to the advisory council and the              capabilities within the state, including, but not limited to,
Speaker of the House of Representatives shall appoint             the resources of the State University System, for the
a member of the House of Representatives to the advi­             purpose of achieving improved outcomes and making
sory council.                                                     better-informed strategic budgetary decisions.
   (e) The Chief Justice of the Supreme Court shall                  (f) Recommend to the Governor and Legislature
appoint a member of the judiciary to the advisory coun­           changes in law which would remove barriers to or
cil.                                                              enhance the implementation of the state drug control
   (f) Members appointed by the Governor, the Presi­              strategy.
dent of the Senate, the Speaker of the House of Repre­               (g) Make recommendations to the Governor and
sentatives, and the Chief Justice shall be appointed to           the Legislature on the need for public information cam­
terms of 4 years each. However, for the purpose of pro­           paigns to be conducted in the state to limit substance
viding staggered terms, of the Governor’s initial                 abuse.
appointments, five members shall be appointed to                      (h) Ensure that there is a coordinated, integrated,
2-year terms and six members shall be appointed to                and multidisciplinary response to the substance abuse
4-year terms.                                                     problem in this state, with special attention given to cre­
   (2)(a) Any vacancy on the advisory council shall be            ating partnerships within and between the public and
filled in the same manner as the original appointment,             private sectors, and to the coordinated, supported, and
and any member appointed to fill a vacancy occurring               integrated delivery of multiple-system services for sub­
because of death, resignation, or ineligibility for mem­          stance abusers, including a multiagency team
bership shall serve only for the unexpired term of the            approach to service delivery.
member’s predecessor. A member is eligible for reap­                 (i) Assist communities and families in pooling their
pointment.                                                        knowledge and experiences with respect to the prob­
   (b) Members of the advisory council and members                lem of substance abuse. Forums for exchanging ideas,
of workgroups appointed under subsection (4) shall                experiences, and practical information, as well as
serve without compensation, but are entitled to reim­             instruction, should be considered. For communities,
bursement for per diem and travel expenses as pro­                such instruction may involve issues of funding, staffing,
vided in s. 112.061.                                              training, and neighborhood and parental involvement,
   (c) The advisory council shall meet at least quar­             and instruction on other issues. For families, such
terly or upon the call of the chairperson.                        instruction may involve practical strategies for address­
   (3) The advisory council shall:                                ing family substance abuse; improving cognitive, com­
   (a) Conduct a comprehensive analysis of the prob­              munication, and decisionmaking skills; providing par­
lem of substance abuse in this state and make recom­              ents with techniques for resolving conflicts, communi­
mendations to the Governor and Legislature for devel­             cating, and cultivating meaningful relationships with
oping and implementing a state drug control strategy.             their children and establishing guidelines for their chil­
The advisory council shall determine the most effective           dren; educating families about drug-free programs and
means of establishing clear and meaningful lines of               activities in which they may serve as participants and
communication between the advisory council and the                planners; and other programs of similar instruction. To
                                                              6
F.S. 2007                                               SUBSTANCE ABUSE SERVICES                                                      Ch. 397

maximize the effectiveness of such forums, multiple                                     (3) The treatment-based drug court programs shall
agencies should participate.                                                         include therapeutic jurisprudence principles and
   (j) Examine the extent to which all state programs                                adhere to the following 10 key components, recognized
that involve substance abuse treatment can include a                                 by the Drug Courts Program Office of the Office of Jus­
meaningful work component, and identify any change                                   tice Programs of the United States Department of Jus­
in the law which would remove barriers to or enhance                                 tice and adopted by the Florida Supreme Court Treat-
the work component for a substance abuse treatment                                   ment-Based Drug Court Steering Committee:
program.                                                                                (a) Drug court programs integrate alcohol and
   (k) Recommend to the Governor and the Legisla­                                    other drug treatment services with justice system case
ture ways to expand and fund drug courts, which have                                 processing.
proven effective in the state’s drug control strategy.                                  (b) Using a nonadversarial approach, prosecution
   (4)(a) The chairperson of the advisory council shall                              and defense counsel promote public safety while pro­
appoint workgroups that include members of state                                     tecting participants’ due process rights.
agencies that are not represented on the advisory                                       (c) Eligible participants are identified early and
council and shall solicit input and recommendations                                  promptly placed in the drug court program.
from those state agencies. In addition, the chairperson                                 (d) Drug court programs provide access to a con­
may appoint workgroups as necessary from among the                                   tinuum of alcohol, drug, and other related treatment
members of the advisory council in order to efficiently                               and rehabilitation services.
address specific issues. A representative of a state                                     (e) Abstinence is monitored by frequent testing for
agency appointed to any workgroup shall be the head                                  alcohol and other drugs.
of the agency, or his or her designee. The chairperson                                  (f) A coordinated strategy governs drug court pro­
may designate lead and contributing agencies within a                                gram responses to participants’ compliance.
workgroup.                                                                              (g) Ongoing judicial interaction with each drug
   (b) The advisory council shall submit a report to the                             court program participant is essential.
Governor, the President of the Senate, and the                                          (h) Monitoring and evaluation measure the
Speaker of the House of Representatives by December                                  achievement of program goals and gauge program
1 of each year which contains a summary of the work                                  effectiveness.
of the council during that year and the recommenda­                                     (i) Continuing interdisciplinary education pro­
tions required under subsection (3). Interim reports                                 motes effective drug court program planning, imple­
may be submitted at the discretion of the chairperson of                             mentation, and operations.
the advisory council.                                                                   (j) Forging partnerships among drug court pro­
  History.—s. 3, ch. 99-187; s. 2, ch. 2001-110.
 1Note.—Chapter 2007-40 redesignated the Secretary of Health as the State Sur­       grams, public agencies, and community-based organi­
geon General.
 2Note.—Repealed by s. 61, ch. 2000-371.                                             zations generates local support and enhances drug
                                                                                     court program effectiveness.
   397.334 Treatment-based drug court programs.—                                        (4) Treatment-based drug court programs may
   (1) Each county may fund a treatment-based drug                                   include pretrial intervention programs as provided in ss.
court program under which persons in the justice sys­                                948.08, 948.16, and 985.345, treatment-based drug
tem assessed with a substance abuse problem will be                                  court programs authorized in chapter 39,
processed in such a manner as to appropriately                                       postadjudicatory programs, and review of the status of
address the severity of the identified substance abuse                                compliance or noncompliance of sentenced offenders
problem through treatment services tailored to the indi­                             through a treatment-based drug court program. While
vidual needs of the participant. It is the intent of the Leg­                        enrolled in a treatment-based drug court program, the
islature to encourage the Department of Corrections,                                 participant is subject to a coordinated strategy devel­
the Department of Children and Family Services, the                                  oped by a drug court team under subsection (3). The
Department of Juvenile Justice, the Department of                                    coordinated strategy may include a protocol of sanc­
Health, the Department of Law Enforcement, the                                       tions that may be imposed upon the participant for non­
Department of Education, and such agencies, local                                    compliance with program rules. The protocol of sanc­
governments, law enforcement agencies, other inter­                                  tions may include, but is not limited to, placement in a
ested public or private sources, and individuals to sup­                             substance abuse treatment program offered by a
port the creation and establishment of these problem-                                licensed service provider as defined in s. 397.311 or in
solving court programs. Participation in the treatment-                              a jail-based treatment program or serving a period of
based drug court programs does not divest any public                                 secure detention under chapter 985 if a child or a
or private agency of its responsibility for a child or adult,                        period of incarceration within the time limits established
but enables these agencies to better meet their needs                                for contempt of court if an adult. The coordinated strat­
through shared responsibility and resources.                                         egy must be provided in writing to the participant before
   (2) Entry into any pretrial treatment-based drug                                  the participant agrees to enter into a treatment-based
court program shall be voluntary. When neither s.                                    drug court program.
948.08(6)(a)1. nor 2. applies, the court may order an                                   (5) Contingent upon an annual appropriation by the
individual to enter into a pretrial treatment-based drug                             Legislature, each judicial circuit shall establish, at a
court program only upon written agreement by the indi­                               minimum, one coordinator position for the treatment-
vidual, which shall include a statement that the individ­                            based drug court program within the state courts sys­
ual understands the requirements of the program and                                  tem to coordinate the responsibilities of the participat­
the potential sanctions for noncompliance.                                           ing agencies and service providers. Each coordinator
                                                                                 7
Ch. 397                                                    SUBSTANCE ABUSE SERVICES                                                       F.S. 2007

shall provide direct support to the treatment-based                                      397.411 Inspection; right of entry; records.
drug court program by providing coordination between                                     397.415 Denial, suspension, and revocation; other
the multidisciplinary team and the judiciary, providing                                            remedies.
case management, monitoring compliance of the par­                                       397.416 Substance abuse treatment services; quali­
ticipants in the treatment-based drug court program                                                fied professional.
with court requirements, and providing program evalu­                                    397.419 Quality assurance programs.
ation and accountability.                                                                397.427 Medication treatment service providers;
   (6)(a) The Florida Association of Drug Court Pro­                                               rehabilitation program; needs assessment
fessionals is created. The membership of the associa­                                              and provision of services; persons author­
tion may consist of treatment-based drug court pro­                                                ized to issue takeout methadone; unlawful
gram practitioners who comprise the multidisciplinary                                              operation; penalty.
treatment-based drug court program team, including,                                      397.431 Client responsibility for cost of substance

but not limited to, judges, state attorneys, defense                                               abuse impairment services.

counsel, treatment-based drug court program coordi­                                      397.451 Background checks of service provider per­

nators, probation officers, law enforcement officers,                                                sonnel.
community representatives, members of the academic                                       397.461 Unlawful activities relating to personnel;
community, and treatment professionals. Membership                                                 penalties.
in the association shall be voluntary.                                                   397.471 Service provider facility standards.
   (b) The association shall annually elect a chair                                      397.481 Applicability of Community Alcohol, Drug
whose duty is to solicit recommendations from mem­                                                 Abuse, and Mental Health Services Act.
bers on issues relating to the expansion, operation, and                                 397.482 Lawyer assistance programs; civil immunity.
institutionalization of treatment-based drug court pro­                                  397.483 Lawyer assistance programs; presumption
grams. The chair is responsible for providing on or                                                of good faith.
before October 1 of each year the association’s recom­                                   397.484 Lawyer assistance programs; persons enti­
mendations and an annual report to the appropriate                                                 tled to immunity.
Supreme Court committee or to the appropriate per­                                       397.485 Lawyer assistance programs; information
sonnel of the Office of the State Courts Administrator.                                             subject to privilege.
   (7) If a county chooses to fund a treatment-based                                     397.486 Lawyer assistance programs; confidentiality
drug court program, the county must secure funding                                                 of records, proceedings, and communica­
from sources other than the state for those costs not                                              tions.
otherwise assumed by the state pursuant to s. 29.004.
However, this does not preclude counties from using                                         397.401 License required; penalty; injunction;
treatment and other service dollars provided through                                     rules waivers.—
state executive branch agencies. Counties may pro­                                          (1) It is unlawful for any person to act as a sub­
vide, by interlocal agreement, for the collective funding                                stance abuse service provider unless it is licensed or
of these programs.                                                                       exempt from licensure under this chapter.
   (8) The chief judge of each judicial circuit may                                         (2) A violation of subsection (1) is a misdemeanor
appoint an advisory committee for the treatment-based                                    of the first degree, punishable as provided in s. 775.082
drug court program. The committee shall be composed                                      or s. 775.083.
of the chief judge, or his or her designee, who shall                                       (3) The department may maintain an action in cir­
serve as chair; the judge of the treatment-based drug                                    cuit court to enjoin the unlawful operation of a sub­
court program, if not otherwise designated by the chief                                  stance abuse service provider if the department first
judge as his or her designee; the state attorney, or his                                 gives the violator 14 days’ notice of its intent to maintain
or her designee; the public defender, or his or her des­                                 such action and the violator fails to apply for licensure
ignee; the treatment-based drug court program coordi­                                    within that 14-day period. If the department determines
nators; community representatives; treatment repre­                                      that the health, safety, and welfare of clients is jeopar­
sentatives; and any other persons the chair finds are                                     dized, the department may move to enjoin the opera­
appropriate.                                                                             tion at any time during the 14-day period. If the service
  History.—s. 1, ch. 2001-48; s. 109, ch. 2003-402; s. 72, ch. 2004-265; s. 6, ch.       provider has already applied for licensure under this
2006-97; s. 108, ch. 2006-120.
                                                                                         chapter and has been denied licensure, the department
                                   PART II                                               may move immediately to obtain an injunction.
                                                                                            (4) In accordance with this subsection, the depart­
                       SERVICE PROVIDERS                                                 ment may waive rules adopted pursuant to this chapter
                                                                                         in order to allow service providers to demonstrate and
397.401 License required; penalty; injunction; rules                                     evaluate innovative or cost-effective substance abuse
          waivers.                                                                       services alternatives. Rules waivers may be granted
397.403 License application.                                                             only in instances where there is reasonable assurance
397.405 Exemptions from licensure.                                                       that the health, safety, or welfare of clients will not be
397.406 Licensure and regulation of government-                                          endangered. To apply for a rules waiver, the applicant
          operated substance abuse programs.                                             must be a service provider licensed under this chapter
397.407 Licensure fees.                                                                  and must submit to the department a written description
397.409 Probationary, regular, and interim licenses;                                     of the concept to be demonstrated, including:
          issuance and renewal.                                                             (a) Objectives and anticipated benefits.
                                                                                     8
F.S. 2007                                 SUBSTANCE ABUSE SERVICES                                                                 Ch. 397

   (b) The number and types of clients who will be                  (f) Proof of satisfactory fire, safety, and health
affected.                                                        inspections, and compliance with local zoning ordi­
   (c) A description of how the demonstration will be            nances. Service providers operating under a regular
evaluated.                                                       annual license shall have 18 months from the expira­
   (d) Any other information requested by the depart­            tion date of their regular license within which to meet
ment.                                                            local zoning requirements. Applicants for a new license
                                                                 must demonstrate proof of compliance with zoning
A service provider granted a rules waiver under this             requirements prior to the department issuing a proba­
subsection must submit a detailed report of the results          tionary license.
of its findings to the department within 12 months after             (g) A comprehensive outline of the proposed ser­
receiving the rules waiver. Upon receiving and evaluat­          vices for:
ing the detailed report, the department may renew or                1. Any new applicant; or
revoke the rules waiver or seek any regulatory or statu­            2. Any licensed service provider adding a new
tory changes necessary to allow other service provid­            licensable service component.
ers to implement the same alternative service.                      (2) The burden of proof with respect to any require­
   (5) The department shall allow a service provider in          ment for application for licensure as a service provider
operation at the time of adoption of any rule a reason­          under this chapter is on the applicant.
able period, not to exceed 1 year, to bring itself into             (3) The department shall accept proof of accredita­
compliance with the rule.                                        tion by CARF—the Rehabilitation Accreditation Com­
 History.—s. 3, ch. 93-39.                                       mission or the Joint Commission on Accreditation of
                                                                 Health Care Organizations (JCAHCO), or through any
   397.403 License application.—                                 other nationally recognized certification process that is
   (1) Applicants for a license under this chapter must          acceptable to the department and meets the minimum
apply to the department on forms provided by the                 licensure requirements under this chapter, in lieu of
department and in accordance with rules adopted by               requiring the applicant to submit the information
the department. Applications must include at a mini­             required by paragraphs (1)(a)-(c).
                                                                   History.—s. 3, ch. 93-39; s. 5, ch. 2001-171; s. 6, ch. 2001-191; s. 2, ch.
mum:                                                             2002-196.
   (a) Information establishing the name and address
of the applicant service provider and its director, and             397.405 Exemptions from licensure.—The follow­
also of each member, owner, officer, and shareholder,             ing are exempt from the licensing provisions of this
if any.                                                          chapter:
   (b) Information establishing the competency and                  (1) A hospital or hospital-based component
ability of the applicant service provider and its director       licensed under chapter 395.
to carry out the requirements of this chapter.                      (2) A nursing home facility as defined in s. 400.021.
   (c) Proof satisfactory to the department of the                  (3) A substance abuse education program estab­
applicant service provider’s financial ability and organi­        lished pursuant to s. 1003.42.
zational capability to operate in accordance with this              (4) A facility or institution operated by the Federal
chapter.                                                         Government.
   (d) Proof of liability insurance coverage in amounts             (5) A physician licensed under chapter 458 or
set by the department by rule.                                   chapter 459.
   (e) Sufficient information to conduct background                  (6) A psychologist licensed under chapter 490.
                                                                    (7) A social worker, marriage and family therapist,
screening as provided in s. 397.451.
                                                                 or mental health counselor licensed under chapter 491.
   1. If the results of the background screening indi­
                                                                    (8) An established and legally cognizable church or
cate that any owner, director, or chief financial officer          nonprofit religious organization or denomination pro­
has been found guilty of, regardless of adjudication, or         viding substance abuse services, including prevention
has entered a plea of nolo contendere or guilty to any           services, which are exclusively religious, spiritual, or
offense prohibited under the screening standard, a               ecclesiastical in nature. A church or nonprofit religious
license may not be issued to the applicant service pro­          organization or denomination providing any of the
vider unless an exemption from disqualification has               licensable service components itemized under s.
been granted by the department as set forth in chapter           397.311(18) is not exempt for purposes of its provision
435. The owner, director, or manager has 90 days                 of such licensable service components but retains its
within which to obtain the required exemption, during            exemption with respect to all services which are exclu­
which time the applicant’s license remains in effect.            sively religious, spiritual, or ecclesiastical in nature.
   2. If any owner, director, or chief financial officer is           (9) Facilities licensed under chapter 393 which, in
arrested or found guilty of, regardless of adjudication,         addition to providing services to persons with develop­
or has entered a plea of nolo contendere or guilty to any        mental disabilities, also provide services to persons
offense prohibited under the screening standard while            developmentally at risk as a consequence of exposure
acting in that capacity, the provider shall immediately          to alcohol or other legal or illegal drugs while in utero.
remove the person from that position and shall notify               (10) DUI education and screening services provided
the department within 2 days after such removal,                 pursuant to ss. 316.192, 316.193, 322.095, 322.271,
excluding weekends and holidays. Failure to remove               and 322.291. Persons or entities providing treatment
the owner, director, or manager will result in revocation        services must be licensed under this chapter unless
of the provider’s license.                                       exempted from licensing as provided in this section.
                                                             9
Ch. 397                                                       SUBSTANCE ABUSE SERVICES                                                                        F.S. 2007

The exemptions from licensure in this section do not                                             (3) Licensure and renewal fees must be deposited
apply to any service provider that receives an appropri­                                      in the Operations and Maintenance Trust Fund to be
ation, grant, or contract from the state to operate as a                                      used for the actual cost of monitoring, inspecting, and
service provider as defined in this chapter or to any                                          overseeing licensed service providers.
substance abuse program regulated pursuant to s.                                                 (4) Each application for licensure or renewal must
397.406. Furthermore, this chapter may not be con­                                            be accompanied by the required fee, except that a ser­
strued to limit the practice of a physician licensed under                                    vice provider that has an all-volunteer staff is exempt
chapter 458 or chapter 459, a psychologist licensed                                           from the licensure and renewal fees.
under chapter 490, or a psychotherapist licensed under                                          History.—s. 3, ch. 93-39; s. 22, ch. 96-418; s. 57, ch. 2000-158; s. 10, ch.
                                                                                              2000-338; s. 4, ch. 2002-196; s. 5, ch. 2005-55.
chapter 491 who provides substance abuse treatment,
so long as the physician, psychologist, or psychothera­
pist does not represent to the public that he or she is a                                        397.409 Probationary, regular, and interim
licensed service provider and does not provide ser­                                           licenses; issuance and renewal.—
vices to clients pursuant to part V of this chapter. Fail­                                       (1) The department may issue probationary, regu­
ure to comply with any requirement necessary to main­                                         lar, and interim licenses. The department shall issue
tain an exempt status under this section is a misde­                                          one license to each facility operated by a service pro­
meanor of the first degree, punishable as provided in s.                                       vider. The license must state the specific service com­
775.082 or s. 775.083.                                                                        ponents to be provided. A license issued to a residen­
   History.—s. 3, ch. 93-39; s. 734, ch. 95-148; s. 65, ch. 97-190; s. 208, ch. 99-13;        tial facility must stipulate the maximum bed capacity of
s. 9, ch. 2000-350; s. 51, ch. 2001-45; s. 31, ch. 2001-62; s. 3, ch. 2002-196; s.
985, ch. 2002-387; s. 91, ch. 2004-267; s. 4, ch. 2005-55; s. 44, ch. 2006-1; s. 40,          the facility at the time of licensure, and must be
ch. 2006-227.                                                                                 amended if there is a change in bed capacity, as speci­
                                                                                              fied by rule. The licensed service provider shall apply
   397.406 Licensure and regulation of government-                                            for a new license at least 30 days prior to the relocation
operated substance abuse programs.—Substance                                                  of any of its facilities or licensable service components;
abuse programs operated directly or under contract by                                         failure to apply for a new license may result in denial of
the department, the Department of Corrections, any                                            a license. Probationary and regular licenses may be
other state agency, or any local correctional agency or                                       issued only after all required information has been sub­
authority, which programs constitute any service pro­                                         mitted. A license may not be transferred and is valid
vider licensable components as defined in this chapter,                                        only for the premises for which it is originally issued. As
are subject to licensure and regulation in accordance                                         used in this subsection, “transfer” includes, but is not
with rules jointly developed by the department and the
                                                                                              limited to, transfer of a majority of the ownership inter­
state or local agency operating the program. The
                                                                                              est in the license or transfer of responsibilities under
department has authority to promulgate rules exempt­
ing such government-operated programs from specific                                            the license to another entity by contractual arrange­
licensure provisions of this part, including, but not lim­                                    ment.
ited to, licensure fees and personnel background                                                 (2) A probationary license may be issued to a ser­
checks, and to enforce the regulatory requirements                                            vice provider applicant in the initial stages of develop­
governing such programs.                                                                      ing services which are not yet fully operational upon
  History.—s. 3, ch. 93-39.                                                                   completion of all application requirements itemized in s.
                                                                                              397.403(1)(a)-(g) and upon demonstration of the appli-
   397.407 Licensure fees.—                                                                   cant’s ability to comply with all applicable statutory and
   (1) The department shall establish licensure fees                                          regulatory requirements. A probationary license
by rule. The rule must prescribe a fee range that is                                          expires 90 days after issuance and may be reissued
based, at least in part, on the number and complexity                                         once for an additional 90-day period if the applicant has
of programs listed in s. 397.311(18) which are operated                                       substantially complied with all requirements for regular
by a licensee. The fee range must be implemented over                                         licensure or has initiated action to satisfy all require­
a 5-year period. The fee schedule for licensure of ser­                                       ments. During the probationary period the department
vice components must be increased annually in sub­                                            must monitor the delivery of services. The holder of a
stantially equal increments so that, by July 1, 1998, the                                     probationary license may be ordered to cease and
fees from the licensure of service components are suffi­                                       desist operations at any time it is found to be substan­
cient to cover at least 50 percent of the costs of regulat­                                   tially out of compliance with licensure standards.
ing the service components. The department shall                                                 (3) A regular license may be issued:
specify by rule a fee range and phase-in plan for pri­                                           (a) To a new applicant at the end of the probation­
vately funded licensed service providers and a fee                                            ary period.
range and phase-in plan for publicly funded licensed                                             (b) To a regularly licensed applicant seeking
service providers. Fees for privately funded licensed                                         renewal.
service providers must exceed the fees for publicly                                              (c) To a facility operating under an interim license
funded licensed service providers. The first year                                              that successfully satisfies the requirements for a regu­
phase-in licensure fees must be at least $150 per initial                                     lar license.
license. The rule must provide for a reduction in licen­
sure fees for licensed service providers who hold more                                        In order to be issued a regular license, the applicant
than one license.                                                                             must be in compliance with statutory and regulatory
   (2) The department shall assess a fee of $100 per                                          requirements. Standards and timeframes for issuance
license for the late filing of an application for renewal of                                   of regular licenses must be established by rule. An
a license.                                                                                    application for renewal of a regular license must be
                                                                                         10
F.S. 2007                                 SUBSTANCE ABUSE SERVICES                                                                   Ch. 397

submitted to the department 60 days before the license                (4) The authorized agents of the department shall
expires.                                                           schedule periodic inspections of licensed service pro­
  (4) The department may issue an interim license to               viders in order to minimize costs and the disruption of
a service provider for a period established by the                 services; however, such authorized agents may
department which does not exceed 90 days, if the                   inspect the facilities of any licensed service provider at
department finds that:                                              any time.
  (a) A facility or service component of the service                  (5) The department shall maintain as public infor­
provider is in substantial noncompliance with licensure            mation, available to any person upon request and upon
standards;                                                         payment of a reasonable charge for copying, copies of
  (b) The service provider has failed to provide satis­            licensure reports of licensed providers.
factory proof of conformance to fire, safety, or health               History.—s. 3, ch. 93-39; s. 25, ch. 97-100; s. 4, ch. 2001-171; s. 7, ch.
                                                                   2001-191.
requirements; or
  (c) The service provider is involved in license sus­                397.415 Denial, suspension, and revocation; other
pension or revocation proceedings.                                 remedies.—
An interim license applies only to the licensable service             (1) If the department determines that an applicant
component of the provider’s services which is in sub­              or licensed service provider or licensed service compo­
stantial noncompliance with statutory or regulatory                nent thereof is not in compliance with all statutory and
requirements. An interim license expires 90 days after             regulatory requirements, the department may deny,
it is issued; it may be reissued once for an additional            suspend, revoke, or impose reasonable restrictions or
90-day period in a case of extreme hardship in which               penalties on the license or any portion of the license. In
the noncompliance is not caused by the licensed ser­               such case, the department:
vice provider. If the service provider is appealing the               (a) May impose a moratorium on admissions to any
final disposition of license suspension or revocation               component of a licensed service provider if the depart­
proceedings, the court before which the appeal is taken            ment determines that conditions within such compo­
may order the extension of the interim license for a               nent are a threat to the public health or safety.
period of time specified in the order.                                 (b) May impose an administrative penalty of up to
    (5) A separate license is required for each facility           $500 per day against a licensed service provider oper­
maintained on separate premises, even though the                   ating in violation of any fire-related, safety-related, or
facility is operated under the same management. How­               health-related statutory or regulatory requirement.
ever, a separate license is not required for separate              Fines collected under this paragraph must be depos­
buildings on the same grounds.                                     ited in the Substance Abuse Impairment Provider
    (6) The license must be displayed in a conspicuous             Licensing Trust Fund.
place inside the facility.                                            (c) May suspend or revoke the license if, after
 History.—s. 3, ch. 93-39.                                         notice, it determines that a service provider has failed
                                                                   to correct the substantial or chronic violation of any
   397.411 Inspection; right of entry; records.—                   statutory or regulatory requirement such as impacts the
   (1)(a) An authorized agent of the department may                quality of client care.
enter and inspect at any time a licensed service pro­                 (2) If a license of a facility or any service compo­
vider to determine whether it is in compliance with stat­          nent of a facility is revoked, the service provider is
utory and regulatory requirements.                                 barred from submitting any application for licensure of
   (b) An authorized agent of the department may,                  the affected facility or service component to the depart­
with the permission of the person in charge of the prem­           ment for a period of 1 year after the revocation.
ises or pursuant to a warrant, enter and inspect any                  (3) Proceedings for the denial, suspension, or revo­
unlicensed service provider it reasonably suspects to              cation of a service provider’s license must be con­
be operating in violation of any provision of this chapter.        ducted in accordance with chapter 120.
   (c) An application for licensure as a service pro­                 (4) The department may maintain an action in court
vider under this chapter constitutes full permission for           to enjoin the operation of any licensed or unlicensed
an authorized agent of the department to enter and                 facility in violation of this chapter or the rules adopted
inspect the premises of such service provider at any               under this chapter.
time.                                                                History.—s. 3, ch. 93-39.

   (2) The department shall accept, in lieu of its own
inspections for licensure, the survey or inspection of an            397.416 Substance abuse treatment services;
accrediting organization, if the provider is accredited            qualified professional.—Notwithstanding any other
according to the provisions of s. 394.741 and the                  provision of law, a person who was certified through a
department receives the report of the accrediting orga­            certification process recognized by the former Depart­
nization.                                                          ment of Health and Rehabilitative Services before Jan­
   (3) Notwithstanding the confidentiality provisions of            uary 1, 1995, may perform the duties of a qualified pro­
this chapter, a designated and authorized agent of the             fessional with respect to substance abuse treatment
department may access the records of the clients of                services as defined in this chapter, and need not meet
licensed service providers, but only for purposes of               the certification requirements contained in s.
licensing, monitoring, and investigation. The depart­              397.311(25).
                                                                     History.—s. 2, ch. 98-262; s. 5, ch. 2002-196; s. 60, ch. 2005-2; s. 6, ch.
ment may interview clients, as specified by rule.                   2005-55.

                                                              11
Ch. 397                                   SUBSTANCE ABUSE SERVICES                                                                      F.S. 2007

   397.419 Quality assurance programs.—                              2. Process measures, such as administrative and
   (1) Each service provider must maintain an ongo­               clinical components of treatment.
ing quality assurance program to objectively and sys­                3. Outcome measures pertaining to the outcomes
tematically monitor and evaluate the appropriateness              of services;
and quality of client care, to ensure that services are              (c) Provide for a system of analyzing those factors
rendered consistent with prevailing professional stand­           which have an effect on performance at the local level;
ards, and to identify and resolve problems.                          (d) Provide for a system of reporting the results of
   (2) For each service provider, a written plan must             quality assurance reviews; and
be developed with a copy submitted to the department                 (e) Incorporate best practice models for use in
which addresses the minimum guidelines for the pro-               improving performance in those areas which are defi­
vider’s quality assurance program, including, but not             cient.
limited to:                                                          (9) The quality assurance program shall incorpo­
   (a) Client care and services standards.                        rate a peer review process into its protocol, to include:
   (b) Client records maintenance procedures.                        (a) Reviews of providers by departmental district
   (c) Staff development policies and procedures.                 staff and other providers.
   (d) Facility safety and maintenance standards.                    (b) Reviews of individual districts by other districts.
   (e) Peer review and utilization review procedures.                (10) Contingent upon specific appropriation, a qual­
   (f) Incident reporting policies and procedures,                ity assurance coordinator position shall be established
including verification of corrective action and provision
                                                                  within each service district to oversee the implementa­
for reporting to the department within a time period pre­
                                                                  tion and operation of the quality assurance program.
scribed by rule.                                                     History.—s. 3, ch. 93-39; s. 45, ch. 94-218; s. 1, ch. 95-407; s. 221, ch. 96-406;
   (3) The quality assurance program is the responsi­             s. 5, ch. 99-396.
bility of the director and is subject to review and
approval by the governing board of the service pro­                  397.427 Medication treatment service providers;
vider.                                                            rehabilitation program; needs assessment and provi­
   (4) Each director shall designate a person who is              sion of services; persons authorized to issue takeout
an employee of or under contract with the service pro­            methadone; unlawful operation; penalty.—
vider as the provider’s quality assurance manager.                   (1) Medication treatment service providers may not
   (5) Incident reporting is the affirmative duty of all           be licensed unless they provide supportive rehabilita­
staff.                                                            tion programs. Supportive rehabilitation programs
   (6) A person who files an incident report may not be            include, but are not limited to, counseling, therapy, and
subjected to any civil action by virtue of that incident          vocational rehabilitation.
report.                                                              (2) The department shall determine the need for
   (7) The department may access all service provider             establishing medication treatment service providers.
records necessary to determine compliance with this                  (a) Medication treatment service providers may be
section. Records relating solely to actions taken in car­         established only in response to the department’s deter­
rying out this section and records obtained by the                mination and publication of need for additional medica­
department to determine a provider’s compliance with              tion treatment services.
this section are confidential and exempt from the provi­              (b) The department shall prescribe by rule the
sions of s. 119.07(1) and s. 24(a), Art. I of the State           types of medication treatment services for which it is
Constitution. Such records are not admissible in any              necessary to conduct annual assessments of need. If
civil or administrative action except in disciplinary pro­        needs assessment is required, the department shall
ceedings by the Department of Business and Profes­                annually conduct the assessment and publish a state­
sional Regulation or the appropriate regulatory board,
                                                                  ment of findings which identifies each district’s need.
and are not part of the record of investigation and pros­
                                                                     (c) Notwithstanding paragraphs (a) and (b), the
ecution in disciplinary proceedings made available to
the public by the Department of Business and Profes­              license for medication treatment programs licensed
sional Regulation or the appropriate regulatory board.            before October 1, 1990, may not be revoked solely
Meetings or portions of meetings of quality assurance             because of the department’s determination concerning
program committees that relate solely to actions taken            the need for medication treatment services.
pursuant to this section are exempt from s. 286.011.                 (3) The department shall adopt rules necessary to
   (8) The quality assurance program shall be imple­              administer this section, including, but not limited to,
mented as part of the department’s contract manage­               rules prescribing criteria and procedures for:
ment process. The quality assurance program shall:                   (a) Determining the need for additional medication
   (a) Track performance measures and standards                   treatment services.
established by the Legislature as part of the perform-               (b) Selecting medication treatment service provid­
ance-based program budgeting process;                             ers when the number of responses to a publication of
   (b) Provide a framework for evaluating outcomes                need exceeds the determined need.
which is separate from the performance-based pro­                    (c) Administering any federally required rules, reg­
gram budgeting process, including:                                ulations, or procedures.
   1. Output measures, such as capacities, technolo­                 (4) A service provider operating in violation of this
gies, and infrastructure, that make up the system of              section is subject to proceedings in accordance with
care.                                                             this chapter to enjoin that unlawful operation.
                                                             12
F.S. 2007                                      SUBSTANCE ABUSE SERVICES                                              Ch. 397

    (5) Notwithstanding the provisions of s. 465.019(2),          Such policies must comply with other statutory and reg­
a registered nurse, an advanced registered nurse prac­            ulatory requirements governing state or federal reim­
titioner, or a licensed practical nurse working for a             bursements to a provider for services delivered to indi­
licensed service provider is authorized to deliver take­          vidual clients. As used in this subsection, the term “con­
out methadone to persons enrolled in a methadone                  tract for state funds” does not include Medicaid funds.
maintenance treatment program provided that:                         (5) Service providers that contract for state funds to
    (a) The methadone maintenance treatment pro­                  provide substance abuse services as defined in this
gram has an appropriate valid permit issued pursuant              chapter must establish a fee system based upon a cli-
to rules promulgated by the Board of Pharmacy;                    ent’s ability to pay and, if space and sufficient state
    (b) The medication has been delivered pursuant to             resources are available, may not deny a client access
a valid prescription written by the program’s physician           to services solely on the basis of the client’s inability to
licensed pursuant to chapter 458 or chapter 459;                  pay.
    (c) The medication ordered appears on a formulary              History.—s. 3, ch. 93-39; s. 735, ch. 95-148.

and is prepackaged and prelabeled with dosage
instructions and distributed from a source authorized                397.451 Background checks of service provider
under chapter 499;                                                personnel.—
    (d) Each licensed provider adopts written protocols              (1) PERSONNEL BACKGROUND CHECKS;
which provide for supervision of the registered nurse,            REQUIREMENTS AND EXCEPTIONS.—
advanced registered nurse practitioner, or licensed                  (a) Background checks shall apply as follows:
practical nurse by a physician licensed pursuant to                  1. All owners, directors, and chief financial officers
chapter 458 or chapter 459 and for the procedures by              of service providers are subject to level 2 background
which patients’ medications may be delivered by the               screening as provided under chapter 435.
registered nurse, advanced registered nurse practi­                  2. All service provider personnel who have direct
tioner, or licensed practical nurse. Such protocols shall         contact with children receiving services or with adults
be signed by the supervising physician and either the             who are developmentally disabled receiving services
administering registered nurse, the advanced regis­               are subject to level 2 background screening as pro­
tered nurse practitioner, or the licensed practical nurse.        vided under chapter 435.
    (e) Each licensed service provider maintains and                 (b) Members of a foster family and persons resid­
has available for inspection by representatives of the            ing with the foster family who are between 12 and 18
Board of Pharmacy all medical records and patient care            years of age are not required to be fingerprinted but
protocols, including records of medications delivered to          must have their backgrounds checked for delinquency
patients, in accordance with the board.                           records. Members of the foster family and persons
 History.—s. 3, ch. 93-39; s. 7, ch. 98-152.                      residing with the foster family over 18 years of age are
                                                                  subject to full background checks.
   397.431 Client responsibility for cost of substance               (c) A volunteer who assists on an intermittent basis
abuse impairment services.—                                       for fewer than 40 hours per month and is under direct
   (1) Prior to accepting a client for admission and in           and constant supervision by persons who meet all per­
accordance with confidentiality guidelines, both the full          sonnel requirements of this chapter is exempt from fin­
charge for services and the fee charged to the client for         gerprinting and background check requirements.
such services under the provider’s fee system or pay­                (d) Service providers that are exempt from licens­
ment policy must be disclosed to each client or his or            ing provisions of this chapter are exempt from person­
her authorized personal representative, or parent or              nel fingerprinting and background check requirements,
legal guardian if the client is a minor who did not seek          except as otherwise provided in this section. A church
treatment voluntarily and without parental consent.               or nonprofit religious organization exempt from licen­
   (2) A client or his or her authorized personal repre­          sure under this chapter is required to comply with per­
sentative, or parent or legal guardian if the client is a         sonnel fingerprinting and background check require­
minor, is required to contribute toward the cost of sub­          ments.
stance abuse services in accordance with his or her                  (e) Personnel employed by the Department of Cor­
ability to pay, unless otherwise provided by law.                 rections in a substance abuse service component who
   (3) The parent, legal guardian, or legal custodian of          have direct contact with unmarried inmates under the
a minor is not liable for payment for any substance               age of 18 or with inmates who are developmentally dis­
abuse services provided to the minor without parental             abled are exempt from the fingerprinting and back­
consent pursuant to s. 397.601(4), unless the parent,             ground check requirements of this section.
legal guardian, or legal custodian participates or is                (f) Service provider personnel who request an
ordered to participate in the services, and only for the          exemption from disqualification must submit the
substance abuse services rendered. If the minor is                request within 30 days after being notified of the dis­
receiving services as a juvenile offender, the obligation         qualification. Upon notification of the disqualification,
to pay is governed by the law relating to juvenile offend­        the service provider shall comply with requirements
ers.                                                              regarding exclusion from employment in s. 435.06.
   (4) Service providers that do not contract for state              (g) The department may not issue a regular license
funds to provide substance abuse services as defined               to any service provider that fails to provide proof that
in this chapter may establish their own admission poli­           background screening information has been submitted
cies regarding provisions for payment for services.               in accordance with chapter 435.
                                                             13
Ch. 397                                   SUBSTANCE ABUSE SERVICES                                                                       F.S. 2007

   (2) EMPLOYMENT HISTORY CHECKS; CHECKS                             History.—s. 3, ch. 93-39; s. 20, ch. 94-134; s. 20, ch. 94-135; s. 46, ch. 94-218;
                                                                  s. 16, ch. 95-152; s. 13, ch. 95-158; s. 36, ch. 95-228; s. 2, ch. 95-407; s. 126, ch.
OF REFERENCES.—The department shall assess                        95-418; s. 9, ch. 96-268; s. 222, ch. 96-406; s. 10, ch. 99-188; s. 12, ch. 2000-320;
employment history checks and checks of references                s. 6, ch. 2002-196; s. 1, ch. 2002-212; s. 986, ch. 2002-387; s. 45, ch. 2004-267;
for all owners, directors, and chief financial officers, and        s. 7, ch. 2005-128; s. 6, ch. 2006-171.

the directors shall assess employment history checks
and checks of references for each employee who has                   397.461 Unlawful activities relating to personnel;
direct contact with children receiving services or adults         penalties.—It is a misdemeanor of the first degree,
who are developmentally disabled receiving services.              punishable as provided in s. 775.082 or s. 775.083, for
   (3) PERSONNEL EXEMPT FROM BEING                                any person willfully, knowingly, or intentionally to:
REFINGERPRINTED OR RECHECKED.—                                       (1) Inaccurately disclose by false statement, mis­
   (a) Service provider personnel who have been fin­               representation, impersonation, or other fraudulent
gerprinted or had their backgrounds checked pursuant              means, or fail to disclose, in any application for volun­
to chapter 393, chapter 394, chapter 402, or chapter              tary or paid employment, any fact which is material in
409, or this section, and teachers who have been fin­              making a determination as to the person’s qualifica­
gerprinted pursuant to chapter 1012, who have not                 tions to be an owner, a director, a volunteer, or other
been unemployed for more than 90 days thereafter and              personnel of a service provider;
who, under the penalty of perjury, attest to the comple­             (2) Operate or attempt to operate as a service pro­
tion of such fingerprinting or background checks and to            vider with personnel who are in noncompliance with the
compliance with the provisions of this section and the            minimum standards contained in this chapter; or
standards contained in chapter 435 and this section,                 (3) Use or release any criminal or juvenile informa­
are not required to be refingerprinted or rechecked.               tion obtained under this chapter for any purpose other
   (b) Service provider owners, directors, or chief               than background checks of personnel for employment.
                                                                    History.—s. 3, ch. 93-39; s. 69, ch. 2000-349.
financial officers who are not covered by paragraph (a)
who provide proof of compliance with the level 2 back­               397.471 Service provider facility standards.—
ground screening requirements which has been sub­                    (1) Each service provider must ensure:
mitted within the previous 5 years in compliance with                (a) Sufficient numbers and types of qualified per­
any other state health care licensure requirements are            sonnel on duty and available to provide necessary and
not required to be refingerprinted or rechecked.                   adequate client safety and care.
   (4) EXEMPTIONS FROM DISQUALIFICATION.—                            (b) Adequate space for each client of a residential
   (a) The department may grant to any service pro­               facility.
vider personnel an exemption from disqualification as                 (c) Adequate infection control, housekeeping, and
provided in s. 435.07.                                            sanitation.
   (b) Since rehabilitated substance abuse impaired                  (d) Adequate disaster planning policies and proce­
persons are effective in the successful treatment and             dures.
rehabilitation of substance abuse impaired adoles­                   (2) The State Fire Marshal shall, in cooperation
cents, for service providers which treat adolescents 13           with the department, establish and enforce minimum
years of age and older, service provider personnel                firesafety standards, which standards must be included
whose background checks indicate crimes under s.                  in the rules adopted by the department.
817.563, s. 893.13, or s. 893.147 may be exempted                   History.—s. 3, ch. 93-39.
from disqualification from employment pursuant to this
paragraph.                                                           397.481 Applicability of Community Alcohol, Drug
   (c) The department may grant exemptions from                   Abuse, and Mental Health Services Act.—All service
disqualification which would limit service provider per­           providers as defined in and governed by this chapter
sonnel to working with adults in substance abuse treat­           are also subject to part IV of chapter 394, the Commu­
ment facilities.                                                  nity Alcohol, Drug Abuse, and Mental Health Services
   (5) PAYMENT FOR PROCESSING OF FINGER­                          Act.
PRINTS AND STATE CRIMINAL RECORDS                                   History.—s. 3, ch. 93-39.

CHECKS.—The employing service provider or the per­
sonnel who are having their backgrounds checked are                  397.482 Lawyer assistance programs; civil immu-
responsible for paying the costs of processing finger­             nity.—A person who in good faith reports information or
prints and criminal records checks.                               takes action in connection with a lawyer assistance pro­
   (6) DISQUALIFICATION FROM RECEIVING                            gram or a person who receives information in connec­
STATE FUNDS.—State funds may not be dissemi­                      tion with a lawyer assistance program is immune from
nated to any service provider owned or operated by an             civil liability for reporting the information, taking the
owner, director, or chief financial officer who has been            action, or taking no action, provided that such person
convicted of, has entered a plea of guilty or nolo                has acted in good faith and without malice.
                                                                    History.—s. 1, ch. 2001-240.
contendere to, or has had adjudication withheld for, a
violation of s. 893.135 pertaining to trafficking in con­             397.483 Lawyer assistance programs; presump­
trolled substances, or a violation of the law of another          tion of good faith.—A member of a lawyer assistance
state, the District of Columbia, the United States or any         program or a person reporting information to a lawyer
possession or territory thereof, or any foreign jurisdic­         assistance program is presumed to have acted in good
tion which is substantially similar in elements and pen­          faith and without malice. A person alleging lack of good
alties to a trafficking offense in this state, unless the          faith has the burden of proving bad faith and malice.
owner’s or director’s civil rights have been restored.              History.—s. 2, ch. 2001-240.

                                                             14
F.S. 2007                                  SUBSTANCE ABUSE SERVICES                                                   Ch. 397

   397.484 Lawyer assistance programs; persons                     except for purposes of protective custody in strict
entitled to immunity.—The civil immunity provided for              accordance with this chapter. A client may not be
in this act shall be liberally construed to accomplish the         deprived of any constitutional right.
purposes of this act. The persons entitled to immunity                (2) RIGHT TO NONDISCRIMINATORY SER­
under this act include:                                            VICES.—
   (1) Florida Lawyers Assistance, Inc., and other law­               (a) Service providers may not deny a client access
yer assistance programs approved by the Florida                    to substance abuse services solely on the basis of
Supreme Court or The Florida Bar which provide                     race, gender, ethnicity, age, sexual preference, human
assistance to attorneys who may be impaired because                immunodeficiency virus status, prior service depar­
of abuse of alcohol or other drugs or because of any               tures against medical advice, disability, or number of
other physical or mental infirmity causing impairment.              relapse episodes. Service providers may not deny a cli­
   (2) A member, employee, or agent of the program,                ent who takes medication prescribed by a physician
association, or nonprofit corporation.                              access to substance abuse services solely on that
   (3) A person who reports or provides information to             basis. Service providers who receive state funds to pro­
the program concerning an impaired legal professional,             vide substance abuse services may not, provided
including, but not limited to, a person designated to              space and sufficient state resources are available,
monitor or supervise the course of treatment or rehabili­          deny a client access to services based solely on inabil­
tation of an impaired professional.                                ity to pay.
 History.—s. 3, ch. 2001-240.                                         (b) Each client in treatment must be afforded the
                                                                   opportunity to participate in the formulation and peri­
  397.485 Lawyer assistance programs; information                  odic review of his or her individualized treatment or ser­
subject to privilege.—All privileged information,                  vice plan to the extent of his or her ability to so partici­
whether attorney-client, work product, or otherwise, in            pate.
any form, furnished to the lawyer assistance program                  (c) It is the policy of the state to use the least
shall remain privileged.                                           restrictive and most appropriate services available,
 History.—s. 4, ch. 2001-240.
                                                                   based on the needs and the best interests of the client
                                                                   and consistent with optimum care of the client.
   397.486 Lawyer assistance programs; confidenti­
                                                                      (d) Each client must be afforded the opportunity to
ality of records, proceedings, and communications.—
                                                                   participate in activities designed to enhance self-
The records, proceedings, and all communications by
                                                                   image.
and between an individual seeking assistance and the
                                                                      (3) RIGHT TO QUALITY SERVICES.—
lawyer assistance program shall be deemed confiden­
                                                                      (a) Each client must be delivered services suited to
tial and shall not be subject to disclosure or available           his or her needs, administered skillfully, safely,
for court subpoena. This section does not prevent the              humanely, with full respect for his or her dignity and
subpoena of business records that are otherwise avail­             personal integrity, and in accordance with all statutory
able through subpoena, nor does this section preclude              and regulatory requirements.
release or disclosure of information or communications                (b) These services must include the use of meth­
by the lawyer assistance program when such                         ods and techniques to control aggressive client behav­
disclosure is mandated or required as a condition or               ior that poses an immediate threat to the client or to
precondition for entry in the program. Such records are            other persons. Such methods and techniques include
not to be construed as privileged merely because they              the use of restraints, the use of seclusion, the use of
have been maintained by a lawyer assistance program.               time-out, and other behavior management techniques.
 History.—s. 5, ch. 2001-240.
                                                                   When authorized, these methods and techniques may
                                PART III                           be applied only by persons who are employed by ser­
                                                                   vice providers and trained in the application and use of
                         CLIENT RIGHTS                             these methods and techniques. The department must
                                                                   specify by rule the methods that may be used and the
397.501 Rights of clients.
                                        techniques that may be applied by service providers to
397.581 Unlawful activities relating to client assess­
            control aggressive client behavior and must specify by
          ment and treatment; penalties.                           rule the physical facility requirements for seclusion
                                                                   rooms, including dimensions, safety features, methods
   397.501 Rights of clients.—Clients receiving sub­               of observation, and contents.
stance abuse services from any service provider are                   (4) RIGHT TO COMMUNICATION.—
guaranteed protection of the rights specified in this sec­             (a) Each client has the right to communicate freely
tion, unless otherwise expressly provided, and service             and privately with other persons within the limitations
providers must ensure the protection of such rights.               imposed by service provider policy.
   (1) RIGHT TO INDIVIDUAL DIGNITY.—The indi­                         (b) Because the delivery of services can only be
vidual dignity of the client must be respected at all times        effective in a substance abuse free environment, close
and upon all occasions, including any occasion when                supervision of each client’s communications and corre­
the client is admitted, retained, or transported. Sub­             spondence is necessary, particularly in the initial
stance abuse clients who are not accused of a crime or             stages of treatment, and the service provider must
delinquent act may not be detained or incarcerated in              therefore set reasonable rules for telephone, mail, and
jails, detention centers, or training schools of the state,        visitation rights, giving primary consideration to the
                                                              15
Ch. 397                                     SUBSTANCE ABUSE SERVICES                                                 F.S. 2007

well-being and safety of clients, staff, and the commu­                 (b) The restrictions on disclosure and use in this
nity. It is the duty of the service provider to inform the           section do not apply to communications from provider
client and his or her family if the family is involved at the        personnel to law enforcement officers which:
time of admission about the provider’s rules relating to                1. Are directly related to a client’s commission of a
communications and correspondence.                                   crime on the premises of the provider or against pro­
   (5) RIGHT TO CARE AND CUSTODY OF PER­                             vider personnel or to a threat to commit such a crime;
SONAL EFFECTS OF CLIENTS.—A client has the                           and
right to possess clothing and other personal effects.                   2. Are limited to the circumstances of the incident,
The service provider may take temporary custody of                   including the client status of the individual committing
the client’s personal effects only when required for                 or threatening to commit the crime, that individual’s
medical or safety reasons, with the reason for taking                name and address, and that individual’s last known
custody and a list of the personal effects recorded in               whereabouts.
the client’s clinical record.                                           (c) The restrictions on disclosure and use in this
   (6) RIGHT TO EDUCATION OF MINORS.—Each                            section do not apply to the reporting of incidents of sus­
minor client in a residential service component is guar­             pected child abuse and neglect to the appropriate state
anteed education and training appropriate to his or her              or local authorities as required by law. However, such
needs. The service provider shall coordinate with local              restrictions continue to apply to the original substance
education agencies to ensure that education and train­               abuse client records maintained by the provider, includ­
ing is provided to each minor client in accordance with              ing their disclosure and use for civil or criminal proceed­
                                                                     ings which may arise out of the report of suspected
other applicable laws and regulations and that parental
                                                                     child abuse and neglect.
responsibilities related to such education and training
                                                                        (d) Any answer to a request for a disclosure of cli­
are established within the provisions of such applicable
                                                                     ent records which is not permissible under this section
laws and regulations. Nothing in this chapter may be                 or under the appropriate federal regulations must be
construed to relieve any local education authority of its            made in a way that will not affirmatively reveal that an
obligation under law to provide a free and appropriate               identified individual has been, or is being diagnosed or
education to every child.                                            treated for substance abuse. The regulations do not
   (7) RIGHT TO CONFIDENTIALITY OF CLIENT                            restrict a disclosure that an identified individual is not
RECORDS.—                                                            and never has been a client.
   (a) The records of service providers which pertain                   (e)1. Since a minor acting alone has the legal
to the identity, diagnosis, and prognosis of and service             capacity to voluntarily apply for and obtain substance
provision to any individual client are confidential in                abuse treatment, any written consent for disclosure
accordance with this chapter and with applicable fed­                may be given only by the minor client. This restriction
eral confidentiality regulations and are exempt from the              includes, but is not limited to, any disclosure of client
provisions of s. 119.07(1) and s. 24(a), Art. I of the               identifying information to the parent, legal guardian, or
State Constitution. Such records may not be disclosed                custodian of a minor client for the purpose of obtaining
without the written consent of the client to whom they               financial reimbursement.
pertain except that appropriate disclosure may be                       2. When the consent of a parent, legal guardian, or
made without such consent:                                           custodian is required under this chapter in order for a
   1. To medical personnel in a medical emergency.                   minor to obtain substance abuse treatment, any written
   2. To service provider personnel if such personnel                consent for disclosure must be given by both the minor
need to know the information in order to carry out duties            and the parent, legal guardian, or custodian.
relating to the provision of services to a client.                      (f) An order of a court of competent jurisdiction
   3. To the secretary of the department or the secre-               authorizing disclosure and use of confidential informa­
tary’s designee, for purposes of scientific research, in              tion is a unique kind of court order. Its only purpose is
accordance with federal confidentiality regulations, but              to authorize a disclosure or use of client identifying
only upon agreement in writing that the client’s name                information which would otherwise be prohibited by this
and other identifying information will not be disclosed.             section. Such an order does not compel disclosure. A
   4. In the course of review of records on service                  subpoena or a similar legal mandate must be issued in
provider premises by persons who are performing an                   order to compel disclosure. This mandate may be
audit or evaluation on behalf of any federal, state, or              entered at the same time as, and accompany, an
local government agency, or third-party payor providing              authorizing court order entered under this section.
financial assistance or reimbursement to the service                     (g) An order authorizing the disclosure of client rec­
provider; however, reports produced as a result of such              ords may be applied for by any person having a legally
audit or evaluation may not disclose client names or                 recognized interest in the disclosure which is sought.
other identifying information and must be in accord with             The application may be filed separately or as part of a
federal confidentiality regulations.                                  pending civil action in which it appears that the client
   5. Upon court order based on application showing                  records are needed to provide evidence. An application
good cause for disclosure. In determining whether                    must use a fictitious name, such as John Doe or Jane
there is good cause for disclosure, the court shall                  Doe, to refer to any client and may not contain or other­
examine whether the public interest and the need for                 wise disclose any client identifying information unless
disclosure outweigh the potential injury to the client, to           the client is the applicant or has given a written consent
the service provider-client relationship, and to the ser­            to disclosure or the court has ordered the record of the
vice provider itself.                                                proceeding sealed from public scrutiny.
                                                                16
F.S. 2007                                                     SUBSTANCE ABUSE SERVICES                                                           Ch. 397

    (h) The client and the person holding the records                                            397.581 Unlawful activities relating to client
from whom disclosure is sought must be given ade­                                             assessment and treatment; penalties.—
quate notice in a manner which will not disclose client                                          (1) Knowingly furnishing false information for the
identifying information to other persons, and an oppor­                                       purpose of obtaining emergency or other involuntary
tunity to file a written response to the application, or to                                    admission for any person is a misdemeanor of the first
appear in person, for the limited purpose of providing                                        degree, punishable as provided in s. 775.082 and by a
evidence on the statutory and regulatory criteria for the                                     fine not exceeding $5,000.
issuance of the court order.                                                                     (2) Causing or otherwise securing, or conspiring
    (i) Any oral argument, review of evidence, or hear­                                       with or assisting another to cause or secure, without
ing on the application must be held in the judge’s cham­                                      reason for believing a person to be impaired, any emer­
bers or in some manner which ensures that client iden­                                        gency or other involuntary procedure for the person is
tifying information is not disclosed to anyone other than                                     a misdemeanor of the first degree, punishable as pro­
a party to the proceeding, the client, or the person hold­                                    vided in s. 775.082 and by a fine not exceeding $5,000.
ing the record, unless the client requests an open hear­                                         (3) Causing, or conspiring with or assisting another
ing. The proceeding may include an examination by the                                         to cause, the denial to any person of any right accorded
judge of the client records referred to in the application.                                   pursuant to this chapter is a misdemeanor of the first
    (j) A court may authorize the disclosure and use of                                       degree, punishable as provided in s. 775.082 and by a
client records for the purpose of conducting a criminal                                       fine not exceeding $5,000.
investigation or prosecution of a client only if the court                                     History.—s. 4, ch. 93-39.
finds that all of the following criteria are met:
    1. The crime involved is extremely serious, such                                                                       PART IV
as one which causes or directly threatens loss of life or
                                                                                                    VOLUNTARY ADMISSIONS PROCEDURES
serious bodily injury, including but not limited to homi­
cide, sexual assault, sexual battery, kidnapping, armed                                       397.601 Voluntary admissions.
robbery, assault with a deadly weapon, and child abuse
and neglect.                                                                                     397.601 Voluntary admissions.—
    2. There is reasonable likelihood that the records                                           (1) A person who wishes to enter treatment for sub­
will disclose information of substantial value in the                                         stance abuse may apply to a service provider for volun­
investigation or prosecution.                                                                 tary admission.
    3. Other ways of obtaining the information are not                                           (2) Within the financial and space capabilities of the
available or would not be effective.                                                          service provider, a person must be admitted to treat­
    4. The potential injury to the client, to the physi-                                      ment when sufficient evidence exists that the person is
cian-client relationship and to the ability of the program                                    impaired by substance abuse and the medical and
to provide services to other clients is outweighed by the                                     behavioral conditions of the person are not beyond the
public interest and the need for the disclosure.                                              safe management capabilities of the service provider.
    (8) RIGHT TO COUNSEL.—Each client must be                                                    (3) The service provider must emphasize admis­
informed that he or she has the right to be represented                                       sion to the service component that represents the least
by counsel in any involuntary proceeding for assess­                                          restrictive setting that is appropriate to the person’s
ment, stabilization, or treatment and that he or she, or                                      treatment needs.
if the client is a minor his or her parent, legal guardian,                                      (4)(a) The disability of minority for persons under
or legal custodian, may apply immediately to the court                                        18 years of age is removed solely for the purpose of
to have an attorney appointed if he or she cannot afford                                      obtaining voluntary substance abuse impairment ser­
one.                                                                                          vices from a licensed service provider, and consent to
    (9) RIGHT TO HABEAS CORPUS.—At any time,                                                  such services by a minor has the same force and effect
and without notice, a client involuntarily retained by a                                      as if executed by a client who has reached the age of
provider, or the client’s parent, guardian, custodian, or                                     majority. Such consent is not subject to later disaffirm­
attorney on behalf of the client, may petition for a writ of                                  ance based on minority.
habeas corpus to question the cause and legality of                                              (b) Except for purposes of law enforcement activi­
such retention and request that the court issue a writ for                                    ties in connection with protective custody, the disability
the client’s release.                                                                         of minority is not removed if there is an involuntary
    (10) LIABILITY AND IMMUNITY.—                                                             admission for substance abuse services, in which case
    (a) Service provider personnel who violate or                                             parental participation may be required as the court
abuse any right or privilege of a client under this chap­                                     finds appropriate.
ter are liable for damages as determined by law.                                               History.—s. 5, ch. 93-39.
    (b) All persons acting in good faith, reasonably, and
without negligence in connection with the preparation                                                                      PART V
or execution of petitions, applications, certificates, or
other documents or the apprehension, detention, dis­                                               INVOLUNTARY ADMISSIONS PROCEDURES
charge, examination, transportation, or treatment of a
                                                                                                                  A. General Provisions
person under the provisions of this chapter shall be free
from all liability, civil or criminal, by reason of such acts.                                397.675        Criteria for involuntary admissions, includ­
   History.—s. 4, ch. 93-39; s. 736, ch. 95-148; s. 3, ch. 95-407; s. 223, ch. 96-406;
s. 2, ch. 98-107.                                                                                              ing protective custody, emergency
                                                                                         17
Ch. 397                                          SUBSTANCE ABUSE SERVICES                                             F.S. 2007

                  admission, and other involuntary assess­           or she cannot be safely managed by the service com­
                  ment, involuntary treatment, and alterna­          ponent is discharged and referred to a more appropri­
                  tive involuntary assessment for minors,            ate setting for care.
                  for purposes of assessment and stabili­               (2)(a) When, in the judgment of the service pro­
                  zation, and for involuntary treatment.             vider, the person who is being presented for involuntary
397.6751        Service provider responsibilities regarding          admission should not be admitted because of his or her
                  involuntary admissions.                            failure to meet admission criteria, because his or her
397.6752        Referral of involuntarily admitted client for        medical or behavioral conditions are beyond the safe
                  voluntary treatment.                               management capabilities of the service provider, or
397.6758        Release of client from protective custody,           because of a lack of available space, services, or finan­
                  emergency admission, involuntary                   cial resources to pay for his or her care, the service pro­
                  assessment, involuntary treatment, and             vider, in accordance with federal confidentiality regula­
                  alternative involuntary assessment of a            tions, must attempt to contact the referral source, which
                  minor.                                             may be a law enforcement officer, physician, parent,
397.6759        Parental participation in treatment.                 legal guardian if applicable, court and petitioner, or
                                                                     other referring party, to discuss the circumstances and
   397.675 Criteria for involuntary admissions,                      assist in arranging for alternative interventions.
including protective custody, emergency admission,                      (b) When the service provider is unable to reach
and other involuntary assessment, involuntary treat­                 the referral source, the service provider must refuse
ment, and alternative involuntary assessment for                     admission and attempt to assist the person in gaining
minors, for purposes of assessment and stabilization,                access to other appropriate services, if indicated.
and for involuntary treatment.—A person meets the                       (c) Upon completing these efforts, the service pro­
criteria for involuntary admission if there is good faith            vider must, within one workday, report in writing to the
reason to believe the person is substance abuse                      referral sources, in compliance with federal confidenti­
impaired and, because of such impairment:                            ality regulations:
   (1) Has lost the power of self-control with respect to               1. The basis for the refusal to admit the person,
substance use; and either                                            and
   (2)(a) Has inflicted, or threatened or attempted to                   2. Documentation of the service provider’s efforts
inflict, or unless admitted is likely to inflict, physical             to contact the referral source and assist the person,
harm on himself or herself or another; or                            when indicated, in gaining access to more appropriate
   (b) Is in need of substance abuse services and, by                services.
reason of substance abuse impairment, his or her judg­                  (3) When, in the judgment of the service provider,
ment has been so impaired that the person is incapable               the medical conditions or behavioral problems of an
of appreciating his or her need for such services and of             involuntary client become such that they cannot be
making a rational decision in regard thereto; however,               safely managed by the service component, the service
mere refusal to receive such services does not consti­               provider must discharge the client and attempt to assist
tute evidence of lack of judgment with respect to his or             him or her in securing more appropriate services in a
her need for such services.                                          setting more responsive to his or her needs. Upon com­
 History.—s. 6, ch. 93-39; s. 737, ch. 95-148.                       pleting these efforts, the service provider must, within
                                                                     72 hours, report in writing to the referral source, in com­
   397.6751 Service provider responsibilities regard­                pliance with federal confidentiality regulations:
ing involuntary admissions.—                                            (a) The basis for the client’s discharge, and
   (1) It is the responsibility of the service provider to:             (b) Documentation of the service provider’s efforts
   (a) Ensure that a person who is admitted to a                     to assist the person in gaining access to appropriate
licensed service component meets the admission                       services.
criteria specified in s. 397.675;                                      History.—s. 6, ch. 93-39; s. 738, ch. 95-148.

   (b) Ascertain whether the medical and behavioral
conditions of the person, as presented, are beyond the                 397.6752 Referral of involuntarily admitted client
safe management capabilities of the service provider;                for voluntary treatment.—Upon giving his or her writ­
   (c) Provide for the admission of the person to the                ten informed consent, an involuntarily admitted client
service component that represents the least restrictive              may be referred to a service provider for voluntary
                                                                     admission when the service provider determines that
available setting that is responsive to the person’s
                                                                     the client no longer meets involuntary criteria.
treatment needs;                                                      History.—s. 6, ch. 93-39; s. 739, ch. 95-148.
   (d) Verify that the admission of the person to the
service component does not result in a census in                        397.6758 Release of client from protective cus­
excess of its licensed service capacity;                             tody, emergency admission, involuntary assessment,
   (e) Determine whether the cost of services is within              involuntary treatment, and alternative involuntary
the financial means of the person or those who are                    assessment of a minor.—A client involuntarily admit­
financially responsible for the person’s care; and                    ted to a licensed service provider may be released with­
   (f) Take all necessary measures to ensure that                    out further order of the court only by a qualified profes­
each client in treatment is provided with a safe environ­            sional in a hospital, a detoxification facility, an addic­
ment, and to ensure that each client whose medical                   tions receiving facility, or any less restrictive treatment
condition or behavioral problem becomes such that he                 component. Notice of the release must be provided to
                                                                18
F.S. 2007                                        SUBSTANCE ABUSE SERVICES	                                          Ch. 397

the applicant in the case of an emergency admission or               (b) In the case of an adult, detain the person for his
an alternative involuntary assessment for a minor, or to           or her own protection in any municipal or county jail or
the petitioner and the court if the involuntary assess­            other appropriate detention facility.
ment or treatment was court ordered. In the case of a
                                                                   Such detention is not to be considered an arrest for any
minor client, the release must be:
                                                                   purpose, and no entry or other record may be made to
   (1) To the client’s parent, legal guardian, or legal            indicate that the person has been detained or charged
custodian or the authorized designee thereof;                      with any crime. The officer in charge of the detention
   (2) To the Department of Children and Family Ser­               facility must notify the nearest appropriate licensed ser­
vices pursuant to s. 39.401; or                                    vice provider within the first 8 hours after detention that
   (3) To the Department of Juvenile Justice pursuant              the person has been detained. It is the duty of the
to s. 984.13.                                                      detention facility to arrange, as necessary, for transpor­
 History.—s. 6, ch. 93-39; s. 35, ch. 98-280.
                                                                   tation of the person to an appropriate licensed service
   397.6759 Parental participation in treatment.—A                 provider with an available bed. Persons taken into pro­
parent, legal guardian, or legal custodian who seeks               tective custody must be assessed by the attending phy­
involuntary admission of a minor pursuant to ss.                   sician within the 72-hour period and without unneces­
                                                                   sary delay, to determine the need for further services.
397.675-397.6977 is required to participate in all
                                                                      (2) The nearest relative of a minor in protective cus­
aspects of treatment as determined appropriate by the
                                                                   tody must be notified by the law enforcement officer, as
director of the licensed service provider.                         must the nearest relative of an adult, unless the adult
 History.—s. 6, ch. 93-39.
                                                                   requests that there be no notification.
                                                                    History.—s. 6, ch. 93-39; s. 741, ch. 95-148.
           B. Noncourt Involved Admissions:
                 Protective Custody                                   397.6773 Dispositional alternatives after protec­
                                                                   tive custody.—
397.677         Protective custody; circumstances justify­            (1) A client who is in protective custody must be
                  ing.                                             released by a qualified professional when:
397.6771        Protective custody with consent.                      (a) The client no longer meets the involuntary
397.6772        Protective custody without consent.                admission criteria in s. 397.675(1);
397.6773        Dispositional alternatives after protective           (b) The 72-hour period has elapsed; or
                  custody.                                            (c) The client has consented to remain voluntarily
397.6774        Department to maintain lists of licensed           at the licensed service provider.
                  facilities.                                         (2) A client may only be retained in protective cus­
397.6775        Immunity from liability.                           tody beyond the 72-hour period when a petition for
                                                                   involuntary assessment or treatment has been initi­
   397.677 Protective custody; circumstances justi-                ated. The timely filing of the petition authorizes the ser­
fying.—A law enforcement officer may implement pro­                 vice provider to retain physical custody of the client
tective custody measures as specified in this part when             pending further order of the court.
a minor or an adult who appears to meet the involuntary             History.—s. 6, ch. 93-39; s. 742, ch. 95-148.
admission criteria in s. 397.675 is:
   (1) Brought to the attention of law enforcement; or                397.6774 Department to maintain lists of licensed
   (2) In a public place.                                          facilities.—The department shall provide each munici­
 History.—s. 6, ch. 93-39.                                         pal and county public safety office with a list of licensed
                                                                   hospitals, detoxification facilities, and addictions
  397.6771 Protective custody with consent.—A                      receiving facilities, including the name, address, and
person in circumstances which justify protective cus­              phone number of, and the services offered by, the
tody, as described in s. 397.677, may consent to be                licensed service provider.
                                                                    History.—s. 6, ch. 93-39.
assisted by a law enforcement officer to his or her
home, to a hospital, or to a licensed detoxification or
                                                                     397.6775 Immunity from liability.—A law enforce­
addictions receiving facility, whichever the officer deter­         ment officer acting in good faith pursuant to this part
mines is most appropriate.                                         may not be held criminally or civilly liable for false
 History.—s. 6, ch. 93-39; s. 740, ch. 95-148.
                                                                   imprisonment.
                                                                    History.—s. 6, ch. 93-39.
   397.6772 Protective custody without consent.—
   (1) If a person in circumstances which justify pro­                        C.	 Noncourt Involved Admissions;
tective custody as described in s. 397.677 fails or                                     Emergency
refuses to consent to assistance and a law enforce­
ment officer has determined that a hospital or a                    397.679  Emergency admission; circumstances jus­
licensed detoxification or addictions receiving facility is                    tifying.
the most appropriate place for the person, the officer              397.6791 Emergency admission; persons who may
may, after giving due consideration to the expressed                          initiate.
wishes of the person:                                              397.6793 Physician’s certificate for emergency
   (a) Take the person to a hospital or to a licensed                         admission.
detoxification or addictions receiving facility against the         397.6795 Transportation-assisted delivery of per­
person’s will but without using unreasonable force; or                        sons for emergency assessment.
                                                              19
Ch. 397                                   SUBSTANCE ABUSE SERVICES                                                 F.S. 2007

397.6797 Dispositional alternatives after emergency                 (4) The physician’s certificate must indicate
           admission.                                             whether the person requires transportation assistance
                                                                  for delivery for emergency admission and specify, pur­
   397.679 Emergency admission; circumstances                     suant to s. 397.6795, the type of transportation assist­
justifying.—A person who meets the criteria for invol­            ance necessary.
untary admission in s. 397.675 may be admitted to a                History.—s. 6, ch. 93-39; s. 743, ch. 95-148.
hospital or to a licensed detoxification facility or addic­
tions receiving facility for emergency assessment and                397.6795 Transportation-assisted delivery of per­
stabilization, or to a less intensive component of a              sons for emergency assessment.—An applicant for a
licensed service provider for assessment only, upon               person’s emergency admission, or the person’s spouse
receipt by the facility of the physician’s certificate and         or guardian, a law enforcement officer, or a health offi­
the completion of an application for emergency admis­             cer may deliver a person named in the physician’s cer­
sion.                                                             tificate for emergency admission to a hospital or a
 History.—s. 6, ch. 93-39.
                                                                  licensed detoxification facility or addictions receiving
  397.6791 Emergency admission; persons who                       facility for emergency assessment and stabilization.
                                                                   History.—s. 6, ch. 93-39.
may initiate.—The following persons may request an
emergency admission:                                                 397.6797 Dispositional alternatives after emer­
  (1) In the case of an adult, the certifying physician,          gency admission.—Within 72 hours after an emer­
the person’s spouse or guardian, any relative of the              gency admission to a hospital or a licensed detoxifica­
person, or any other responsible adult who has per­               tion or addictions receiving facility, the client must be
sonal knowledge of the person’s substance abuse                   assessed by the attending physician to determine the
impairment.                                                       need for further services. Within 5 days after an emer­
  (2) In the case of a minor, the minor’s parent, legal           gency admission to a nonresidential component of a
guardian, or legal custodian.                                     licensed service provider, the client must be assessed
 History.—s. 6, ch. 93-39.
                                                                  by a qualified professional to determine the need for
   397.6793 Physician’s certificate for emergency                  further services. Based upon that assessment, a quali­
admission.—                                                       fied professional of the hospital, detoxification facility,
   (1) The physician’s certificate must include the                or addictions receiving facility, or a qualified profes­
name of the person to be admitted, the relationship               sional if a less restrictive component was used, must
between the person and the physician, the relationship            either:
between the applicant and the physician, any relation­               (1) Release the client and, where appropriate, refer
ship between the physician and the licensed service               the client to other needed services; or
provider, and a statement that the person has been                   (2) Retain the client when:
examined and assessed within 5 days of the applica­                  (a) The client has consented to remain voluntarily
tion date, and must include factual allegations with              at the licensed provider; or
respect to the need for emergency admission, includ­                 (b) A petition for involuntary assessment or treat­
ing:                                                              ment has been initiated, the timely filing of which autho­
   (a) The reason for the physician’s belief that the             rizes the service provider to retain physical custody of
person is substance abuse impaired; and                           the client pending further order of the court.
   (b) The reason for the physician’s belief that                  History.—s. 6, ch. 93-39.
because of such impairment the person has lost the
power of self-control with respect to substance abuse;                       D. Noncourt Involved Admissions;
and either                                                                        Alternative Involuntary
   (c)1. The reason the physician believes that the                               Assessment for Minors
person has inflicted or is likely to inflict physical harm
on himself or herself or others unless admitted; or               397.6798 Alternative involuntary assessment proce­
   2. The reason the physician believes that the per-                        dure for minors.
son’s refusal to voluntarily receive care is based on             397.6799 Disposition of minor client upon completion
judgment so impaired by reason of substance abuse                            of alternative involuntary assessment.
that the person is incapable of appreciating his or her
need for care and of making a rational decision regard­              397.6798 Alternative involuntary assessment pro­
ing his or her need for care.                                     cedure for minors.—
   (2) The physician’s certificate must recommend the                 (1) In addition to protective custody, emergency
least restrictive type of service that is appropriate for         admission, and involuntary assessment and stabiliza­
the person. The certificate must be signed by the physi­           tion, an addictions receiving facility may admit a minor
cian.                                                             for involuntary assessment and stabilization upon the
   (3) A signed copy of the physician’s certificate shall          filing of an application to an addictions receiving facility
accompany the person, and shall be made a part of the             by the minor’s parent, guardian, or legal custodian. The
person’s clinical record, together with a signed copy of          application must establish the need for involuntary
the application. The application and physician’s certifi­          assessment and stabilization based on the criteria for
cate authorize the involuntary admission of the person            involuntary admission in s. 397.675. Within 72 hours
pursuant to, and subject to the provisions of ss.                 after involuntary admission of a minor, the minor must
397.679-397.6797.                                                 be assessed to determine the need for further services.
                                                             20
F.S. 2007                                        SUBSTANCE ABUSE SERVICES                                                              Ch. 397

Assessments must be performed by a qualified profes­               such counsel for the respondent without regard to the
sional. If, after the 72-hour period, it is determined by         respondent’s wishes. If the respondent is a minor not
the attending physician that further services are neces­          otherwise represented in the proceeding, the court
sary, the minor may be kept for a period of up to 5 days,         shall immediately appoint a guardian ad litem to act on
inclusive of the 72-hour period.                                  the minor’s behalf.
   (2) An application for alternative involuntary                  History.—s. 6, ch. 93-39; s. 745, ch. 95-148; s. 79, ch. 2004-11.

assessment for a minor must establish the need for
immediate involuntary admission and contain the name                           F. Court Involved Admissions;
of the minor to be admitted, the name and signature of                      Involuntary Assessment; Stabilization
the applicant, the relationship between the minor to be           397.6811 Involuntary assessment and stabilization.
admitted and the applicant, and factual allegations with          397.6814 Involuntary assessment and stabilization;
respect to:                                                                  contents of petition.
   (a) The reason for the applicant’s belief that the             397.6815 Involuntary assessment and stabilization;
minor is substance abuse impaired; and                                       procedure.
   (b) The reason for the applicant’s belief that                 397.6818 Court determination.
because of such impairment the minor has lost the                 397.6819 Involuntary assessment and stabilization;
power of self-control with respect to substance abuse;                       responsibility of licensed service pro­
and either                                                                   vider.
   (c)1. The reason the applicant believes that the               397.6821 Extension of time for completion of involun­
minor has inflicted or is likely to inflict physical harm on                   tary assessment and stabilization.
himself or herself or others unless admitted; or                  397.6822 Disposition of client after involuntary
   2. The reason the applicant believes that the                             assessment.
minor’s refusal to voluntarily receive substance abuse
services is based on judgment so impaired by reason                  397.6811 Involuntary assessment and stabiliza-
of substance abuse that he or she is incapable of                 tion.—A person determined by the court to appear to
appreciating his or her need for such services and of             meet the criteria for involuntary admission under s.
making a rational decision regarding his or her need for          397.675 may be admitted for a period of 5 days to a
services.                                                         hospital or to a licensed detoxification facility or addic­
 History.—s. 6, ch. 93-39; s. 744, ch. 95-148.
                                                                  tions receiving facility, for involuntary assessment and
   397.6799 Disposition of minor client upon comple­              stabilization or to a less restrictive component of a
tion of alternative involuntary assessment.—A minor               licensed service provider for assessment only upon
who has been assessed pursuant to s. 397.6798 must,               entry of a court order or upon receipt by the licensed
within the time specified, be released or referred for fur­        service provider of a petition. Involuntary assessment
ther voluntary or involuntary treatment, whichever is             and stabilization may be initiated by the submission of
most appropriate to the needs of the minor.                       a petition to the court.
 History.—s. 6, ch. 93-39.                                           (1) If the person upon whose behalf the petition is
                                                                  being filed is an adult, a petition for involuntary assess­
           E. Court Involved Admissions, Civil                    ment and stabilization may be filed by the respondent’s
            Involuntary Proceedings; Generally                    spouse or guardian, any relative, a private practitioner,
                                                                  the director of a licensed service provider or the direc-
397.681 Involuntary petitions; general provisions;                tor’s designee, or any three adults who have personal
          court jurisdiction and right to counsel.                knowledge of the respondent’s substance abuse
                                                                  impairment.
   397.681 Involuntary petitions; general provisions;                (2) If the person upon whose behalf the petition is
court jurisdiction and right to counsel.—                         being filed is a minor, a petition for involuntary assess­
   (1) JURISDICTION.—The courts have jurisdiction                 ment and stabilization may be filed by a parent, legal
of involuntary assessment and stabilization petitions             guardian, legal custodian, or licensed service provider.
and involuntary treatment petitions for substance                  History.—s. 6, ch. 93-39; s. 746, ch. 95-148.
abuse impaired persons, and such petitions must be
filed with the clerk of the court in the county where the             397.6814 Involuntary assessment and stabiliza­
person is located. The chief judge may appoint a gen­             tion; contents of petition.—A petition for involuntary
eral or special magistrate to preside over all or part of         assessment and stabilization must contain the name of
the proceedings. The alleged impaired person is                   the respondent; the name of the applicant or appli­
named as the respondent.                                          cants; the relationship between the respondent and the
   (2) RIGHT TO COUNSEL.—A respondent has the                     applicant; the name of the respondent’s attorney, if
right to counsel at every stage of a proceeding relating          known, and a statement of the respondent’s ability to
to a petition for his or her involuntary assessment and           afford an attorney; and must state facts to support the
a petition for his or her involuntary treatment for sub­          need for involuntary assessment and stabilization,
stance abuse impairment. A respondent who desires                 including:
counsel and is unable to afford private counsel has the              (1) The reason for the petitioner’s belief that the
right to court-appointed counsel and to the benefits of            respondent is substance abuse impaired; and
s. 57.081. If the court believes that the respondent                 (2) The reason for the petitioner’s belief that
needs the assistance of counsel, the court shall appoint          because of such impairment the respondent has lost
                                                             21
Ch. 397                                          SUBSTANCE ABUSE SERVICES                                             F.S. 2007

the power of self-control with respect to substance                   (2) If the court enters an order authorizing involun­
abuse; and either                                                  tary assessment and stabilization, the order shall
  (3)(a) The reason the petitioner believes that the               include the court’s findings with respect to the availabil­
respondent has inflicted or is likely to inflict physical            ity and appropriateness of the least restrictive alterna­
harm on himself or herself or others unless admitted; or           tives and the need for the appointment of an attorney to
  (b) The reason the petitioner believes that the                  represent the respondent, and may designate the spe­
respondent’s refusal to voluntarily receive care is                cific licensed service provider to perform the involun­
based on judgment so impaired by reason of substance               tary assessment and stabilization of the respondent.
abuse that the respondent is incapable of appreciating             The respondent may choose the licensed service pro­
his or her need for care and of making a rational deci­            vider to deliver the involuntary assessment where pos­
sion regarding that need for care. If the respondent has
                                                                   sible and appropriate.
refused to submit to an assessment, such refusal must
be alleged in the petition.                                           (3) If the court finds it necessary, it may order the
 History.—s. 6, ch. 93-39; s. 747, ch. 95-148.                     sheriff to take the respondent into custody and deliver
                                                                   him or her to the licensed service provider specified in
   397.6815 Involuntary assessment and stabiliza­                  the court order or, if none is specified, to the nearest
tion; procedure.—Upon receipt and filing of the petition            appropriate licensed service provider for involuntary
for the involuntary assessment and stabilization of a              assessment.
substance abuse impaired person by the clerk of the                 History.—s. 6, ch. 93-39; s. 749, ch. 95-148.
court, the court shall ascertain whether the respondent
is represented by an attorney, and if not, whether, on                397.6819 Involuntary assessment and stabiliza­
the basis of the petition, an attorney should be                   tion; responsibility of licensed service provider.—A
appointed; and shall:                                              licensed service provider may admit a client for involun­
   (1) Provide a copy of the petition and notice of                tary assessment and stabilization for a period not to
hearing to the respondent; the respondent’s parent,                exceed 5 days. The client must be assessed without
guardian, or legal custodian, in the case of a minor; the          unnecessary delay by a qualified professional. If an
respondent’s attorney, if known; the petitioner; the               assessment is performed by a qualified professional
respondent’s spouse or guardian, if applicable; and                who is not a physician, the assessment must be
such other persons as the court may direct, and have               reviewed by a physician prior to the end of the assess­
such petition and notice personally delivered to the               ment period.
respondent if he or she is a minor. The court shall also            History.—s. 6, ch. 93-39.
issue a summons to the person whose admission is
sought and conduct a hearing within 10 days; or                       397.6821 Extension of time for completion of
   (2) Without the appointment of an attorney and,                 involuntary assessment and stabilization.—If a
relying solely on the contents of the petition, enter an ex        licensed service provider is unable to complete the
parte order authorizing the involuntary assessment and             involuntary assessment and, if necessary, stabilization
stabilization of the respondent. The court may order a             of a client within 5 days after the court’s order, it may,
law enforcement officer or other designated agent of                within the original time period, file a written request for
the court to take the respondent into custody and                  an extension of time to complete its assessment, and
deliver him or her to the nearest appropriate licensed             shall, in accordance with confidentiality requirements,
service provider.                                                  furnish a copy to all parties. With or without a hearing,
 History.—s. 6, ch. 93-39; s. 748, ch. 95-148.
                                                                   the court may grant additional time, not to exceed 7
   397.6818 Court determination.—At the hearing ini­               days after the date of the renewal order, for the comple­
tiated in accordance with s. 397.6811(1), the court shall          tion of the involuntary assessment and stabilization of
hear all relevant testimony. The respondent must be                the client. The original court order authorizing the invol­
present unless the court has reason to believe that his            untary assessment and stabilization, or a request for an
or her presence is likely to be injurious to him or her, in        extension of time to complete the assessment and sta­
which event the court shall appoint a guardian advo­               bilization that is timely filed pursuant to this section,
cate to represent the respondent. The respondent has               constitutes legal authority to involuntarily hold the client
the right to examination by a court-appointed qualified             for a period not to exceed 10 days in the absence of a
professional. After hearing all the evidence, the court            court order to the contrary.
shall determine whether there is a reasonable basis to              History.—s. 6, ch. 93-39.
believe the respondent meets the involuntary admis­
sion criteria of s. 397.675.                                          397.6822 Disposition of client after involuntary
   (1) Based on its determination, the court shall                 assessment.—Based upon the involuntary assess­
either dismiss the petition or immediately enter an order          ment, a qualified professional of the hospital, detoxifi­
authorizing the involuntary assessment and stabiliza­              cation facility, or addictions receiving facility, or a quali­
tion of the respondent; or, if in the course of the hearing        fied professional when a less restrictive component has
the court has reason to believe that the respondent,               been used, must:
due to mental illness other than or in addition to sub­               (1) Release the client and, where appropriate, refer
stance abuse impairment, is likely to injure himself or            the client to another treatment facility or service pro­
herself or another if allowed to remain at liberty, the            vider, or to community services;
court may initiate involuntary proceedings under the                  (2) Allow the client, if the client has consented, to
provisions of part I of chapter 394.                               remain voluntarily at the licensed provider; or
                                                              22
F.S. 2007                                        SUBSTANCE ABUSE SERVICES                                              Ch. 397

   (3) Retain the client when a petition for involuntary              397.6951 Contents of petition for involuntary
treatment has been initiated, the timely filing of which            treatment.—A petition for involuntary treatment must
authorizes the service provider to retain physical cus­            contain the name of the respondent to be admitted; the
tody of the client pending further order of the court.             name of the petitioner or petitioners; the relationship
                                                                   between the respondent and the petitioner; the name of
Adhering to federal confidentiality regulations, notice of          the respondent’s attorney, if known, and a statement of
disposition must be provided to the petitioner and to the          the petitioner’s knowledge of the respondent’s ability to
court.                                                             afford an attorney; the findings and recommendations
 History.—s. 6, ch. 93-39.
                                                                   of the assessment performed by the qualified profes­
              G. Court Involved Admissions;                        sional; and the factual allegations presented by the
                  Involuntary Treatment                            petitioner establishing the need for involuntary treat­
                                                                   ment, including:
397.693         Involuntary treatment.                                (1) The reason for the petitioner’s belief that the
397.695         Involuntary treatment; persons who may             respondent is substance abuse impaired; and
                  petition.                                           (2) The reason for the petitioner’s belief that
397.6951        Contents of petition for involuntary treat­        because of such impairment the respondent has lost
                  ment.                                            the power of self-control with respect to substance
397.6955        Duties of court upon filing of petition for         abuse; and either
                  involuntary treatment.                              (3)(a) The reason the petitioner believes that the
397.6957        Hearing on petition for involuntary treat­         respondent has inflicted or is likely to inflict physical
                  ment.                                            harm on himself or herself or others unless admitted; or
397.697         Court determination; effect of court order            (b) The reason the petitioner believes that the
                  for involuntary substance abuse treat­           respondent’s refusal to voluntarily receive care is
                  ment.                                            based on judgment so impaired by reason of substance
397.6971        Early release from involuntary substance           abuse that the respondent is incapable of appreciating
                  abuse treatment.                                 his or her need for care and of making a rational deci­
397.6975        Extension of involuntary substance abuse           sion regarding that need for care.
                                                                    History.—s. 6, ch. 93-39; s. 751, ch. 95-148.
                  treatment period.
397.6977        Disposition of client upon completion of              397.6955 Duties of court upon filing of petition for
                  involuntary substance abuse treatment.           involuntary treatment.—Upon the filing of a petition for
                                                                   the involuntary treatment of a substance abuse
   397.693 Involuntary treatment.—A person may be                  impaired person with the clerk of the court, the court
the subject of a petition for court-ordered involuntary            shall immediately determine whether the respondent is
treatment pursuant to this part, if that person meets the          represented by an attorney or whether the appointment
criteria for involuntary admission provided in s. 397.675          of counsel for the respondent is appropriate. The court
and:                                                               shall schedule a hearing to be held on the petition
   (1) Has been placed under protective custody pur­               within 10 days. A copy of the petition and notice of the
suant to s. 397.677 within the previous 10 days;                   hearing must be provided to the respondent; the
   (2) Has been subject to an emergency admission                  respondent’s parent, guardian, or legal custodian, in
pursuant to s. 397.679 within the previous 10 days;                the case of a minor; the respondent’s attorney, if
   (3) Has been assessed by a qualified professional                known; the petitioner; the respondent’s spouse or
within 5 days;                                                     guardian, if applicable; and such other persons as the
   (4) Has been subject to involuntary assessment                  court may direct, and have such petition and order per­
and stabilization pursuant to s. 397.6818 within the pre­          sonally delivered to the respondent if he or she is a
vious 12 days; or                                                  minor. The court shall also issue a summons to the per­
   (5) Has been subject to alternative involuntary                 son whose admission is sought.
admission pursuant to s. 397.6822 within the previous               History.—s. 6, ch. 93-39; s. 752, ch. 95-148.

12 days.
 History.—s. 6, ch. 93-39.                                            397.6957 Hearing on petition for involuntary treat­
                                                                   ment.—
  397.695 Involuntary treatment; persons who may                      (1) At a hearing on a petition for involuntary treat­
petition.—                                                         ment, the court shall hear and review all relevant evi­
  (1) If the respondent is an adult, a petition for invol­         dence, including the review of results of the assess­
untary treatment may be filed by the respondent’s                   ment completed by the qualified professional in con­
spouse or guardian, any relative, a service provider, or           nection with the respondent’s protective custody, emer­
any three adults who have personal knowledge of the                gency admission, involuntary assessment, or alterna­
respondent’s substance abuse impairment and his or                 tive involuntary admission. The respondent must be
her prior course of assessment and treatment.                      present unless the court finds that his or her presence
  (2) If the respondent is a minor, a petition for invol­          is likely to be injurious to himself or herself or others, in
untary treatment may be filed by a parent, legal guard­             which event the court must appoint a guardian advo­
ian, or service provider.                                          cate to act in behalf of the respondent throughout the
 History.—s. 6, ch. 93-39; s. 750, ch. 95-148.                     proceedings.
                                                              23
Ch. 397                                          SUBSTANCE ABUSE SERVICES                                          F.S. 2007

   (2) The petitioner has the burden of proving by                   (a) The client no longer meets the criteria for invol­
clear and convincing evidence:                                    untary admission and has given his or her informed
   (a) The respondent is substance abuse impaired,                consent to be transferred to voluntary treatment status;
and                                                                  (b) If the client was admitted on the grounds of like­
   (b) Because of such impairment the respondent                  lihood of infliction of physical harm upon himself or her­
has lost the power of self-control with respect to sub­           self or others, such likelihood no longer exists; or
stance abuse; and either                                             (c) If the client was admitted on the grounds of
   1. The respondent has inflicted or is likely to inflict
                                                                  need for assessment and stabilization or treatment,
physical harm on himself or herself or others unless
admitted; or                                                      accompanied by inability to make a determination
   2. The respondent’s refusal to voluntarily receive             respecting such need, either:
care is based on judgment so impaired by reason of                   1. Such inability no longer exists; or
substance abuse that the respondent is incapable of                  2. It is evident that further treatment will not bring
appreciating his or her need for care and of making a             about further significant improvements in the client’s
rational decision regarding that need for care.                   condition;
   (3) At the conclusion of the hearing the court shall              (d) The client is no longer in need of services; or
either dismiss the petition or order the respondent to               (e) The director of the service provider determines
undergo involuntary substance abuse treatment, with               that the client is beyond the safe management capabili­
the respondent’s chosen licensed service provider to              ties of the provider.
deliver the involuntary substance abuse treatment                    (2) Whenever a qualified professional determines
where possible and appropriate.                                   that a client admitted for involuntary treatment is ready
 History.—s. 6, ch. 93-39; s. 753, ch. 95-148.
                                                                  for early release for any of the reasons listed in subsec­
   397.697 Court determination; effect of court order             tion (1), the service provider shall immediately dis­
for involuntary substance abuse treatment.—                       charge the client, and must notify all persons specified
   (1) When the court finds that the conditions for                by the court in the original treatment order.
                                                                   History.—s. 6, ch. 93-39; s. 755, ch. 95-148.
involuntary substance abuse treatment have been
proved by clear and convincing evidence, it may order
the respondent to undergo involuntary treatment by a                 397.6975 Extension of involuntary substance
licensed service provider for a period not to exceed 60           abuse treatment period.—
days. If the court finds it necessary, it may direct the              (1) Whenever a service provider believes that a cli­
sheriff to take the respondent into custody and deliver           ent who is nearing the scheduled date of release from
him or her to the licensed service provider specified in           involuntary treatment continues to meet the criteria for
the court order, or to the nearest appropriate licensed           involuntary treatment in s. 397.693, a petition for
service provider, for involuntary treatment. When the             renewal of the involuntary treatment order may be filed
conditions justifying involuntary treatment no longer             with the court at least 10 days prior to the expiration of
exist, the client must be released as provided in s.              the court-ordered treatment period. The court shall
397.6971. When the conditions justifying involuntary              immediately schedule a hearing to be held not more
treatment are expected to exist after 60 days of treat­           than 15 days after filing of the petition. The court shall
ment, a renewal of the involuntary treatment order may            provide the copy of the petition for renewal and the
be requested pursuant to s. 397.6975 prior to the end             notice of the hearing to all parties to the proceeding.
of the 60-day period.                                             The hearing is conducted pursuant to s. 397.6957.
   (2) In all cases resulting in an order for involuntary            (2) If the court finds that the petition for renewal of
substance abuse treatment, the court shall retain juris­          the involuntary treatment order should be granted, it
diction over the case and the parties for the entry of            may order the respondent to undergo involuntary treat­
such further orders as the circumstances may require.             ment for a period not to exceed an additional 90 days.
The court’s requirements for notification of proposed
                                                                  When the conditions justifying involuntary treatment no
release must be included in the original treatment
order.                                                            longer exist, the client must be released as provided in
   (3) An involuntary treatment order authorizes the              s. 397.6971. When the conditions justifying involuntary
licensed service provider to require the client to                treatment continue to exist after 90 days of additional
undergo such treatment as will benefit him or her,                 treatment, a new petition requesting renewal of the
including treatment at any licensable service compo­              involuntary treatment order may be filed pursuant to
nent of a licensed service provider.                              this section.
 History.—s. 6, ch. 93-39; s. 754, ch. 95-148.                     History.—s. 6, ch. 93-39.


   397.6971 Early release from involuntary sub­                      397.6977 Disposition of client upon completion of
stance abuse treatment.—                                          involuntary substance abuse treatment.—At the con­
   (1) At any time prior to the end of the 60-day invol­          clusion of the 60-day period of court-ordered involun­
untary treatment period, or prior to the end of any               tary treatment, the client is automatically discharged
extension granted pursuant to s. 397.6975, a client               unless a motion for renewal of the involuntary treatment
admitted for involuntary treatment may be determined              order has been filed with the court pursuant to s.
eligible for discharge to the most appropriate referral or        397.6975.
disposition for the client when:                                   History.—s. 6, ch. 93-39.

                                                             24
F.S. 2007                                  SUBSTANCE ABUSE SERVICES                                                      Ch. 397

                             PART VI                                that the court appoint an attorney if he or she is unable
                                                                    to afford one, and whether the respondent indicated to
     LOCAL ORDINANCE PROHIBITION AND                                petitioner his or her desire to have an attorney
   AUTHORIZATION; ADMISSIONS PROCEDURES                             appointed.
                                                                       (c) That the court with jurisdiction to make the
397.701 Local ordinances affecting impairment and                   determination authorized by this section shall hear the
          public impairment offenses forbidden.
                                                                    petition on an emergency basis as soon as practicable
397.702 Authorization of local ordinances for treat­
          ment of habitual abusers in licensed                      but not later than 10 days after the date the petition was
          secure facilities.                                        filed. If the allegations of the petition indicate that the
                                                                    respondent has requested the appointment of an attor­
   397.701 Local ordinances affecting impairment                    ney, or otherwise indicate the absence of any compe­
and public impairment offenses forbidden.—A county,                 tent person to speak at the hearing on behalf of the
municipality, or other political subdivision of the state           respondent, the court shall immediately appoint an
may not, except pursuant to the provisions of s.                    attorney to represent the respondent pursuant to s.
397.702, adopt a local law, ordinance, resolution, or               397.501(8), and shall provide notice of the hearing to
regulation having the force of law which provides that              the attorney. When the court sets a hearing date the
impairment in public in and of itself, or being found in            petitioner shall provide notice of the hearing and a copy
enumerated places in an impaired condition, is an                   of the petition to all of the persons named in the petition
offense, a violation, or the subject of civil or criminal           pursuant to subparagraph (b)2., and to such other per­
sanctions or penalties of any kind. This section does               sons as may be ordered by the court to receive notice.
not affect offenses involving the operation of motor                   (d) That, upon the court’s determination that the
vehicles, machinery, or other hazardous equipment.                  allegations of the petition as stated in paragraph (b) are
 History.—s. 7, ch. 93-39.
                                                                    established, the respondent is a habitual abuser and
   397.702 Authorization of local ordinances for                    must be detained at the licensed secure facility for a
treatment of habitual abusers in licensed secure facili­            period of up to 90 days as determined by the court for
ties.—                                                              the purpose of participating in a treatment program.
   (1) Due to the severity in certain areas of the state               (e) That, if the client still meets the criteria for invol­
of chronic and habitual public impairment which                     untary admission in s. 397.675 at or near the expiration
infringes upon the public health, safety, and welfare of            of the treatment period ordered by the court pursuant to
the citizens, counties and municipalities are authorized            paragraph (d), the agent of the county or municipality
to adopt ordinances in strict compliance with this sec­             may file another habitual abuser petition pursuant to
tion, notwithstanding the provisions of s. 397.701.                 paragraph (b) for a period not exceeding 180 days for
   (2) Ordinances for the treatment of habitual abus­               each such petition.
ers must provide:                                                      (f) That a person who is reasonably suspected of
   (a) For the construction and funding, either individ­            meeting the criteria in paragraph (b) may be detained
ually or jointly with other counties or municipalities, of a        at a licensed service provider or at a licensed secure
licensed secure facility to be used exclusively for the             facility for a period not exceeding 96 hours for purposes
treatment of habitual abusers who meet the criteria in              of the preparation and filing of the petition.
paragraph (b).                                                         (3) When a petition is filed under an ordinance
   (b) That when seeking treatment of a habitual                    authorized by this section, alleging a reasonable suspi­
abuser, the county or municipality, through an officer or            cion that the respondent meets the criteria in paragraph
agent specified in the ordinance, must file with the court            (2)(b), the department and any licensed service pro­
a petition which alleges the following information about            vider director with relevant information must, upon the
the alleged habitual abuser (the respondent):                       court’s request and in accordance with federal confi­
   1. The name, address, age, and gender of the                     dentiality regulations, furnish the court with all informa­
respondent.                                                         tion necessary to determine the accuracy of the allega­
   2. The name of any spouse, adult child, other rela­              tions.
tive, or guardian of the respondent, if known to the peti­             (4) This section does not affect the operation under
tioner, and the efforts by the petitioner, if any, to ascer­        contract of any licensed secure correctional facility or
tain this information.                                              licensed service provider at a secure correctional facil­
   3. The name of the petitioner, the name of the per­              ity which is not operating pursuant to an ordinance
son who has physical custody of the respondent, and
                                                                    adopted under authorization of this section.
the current location of the respondent.                              History.—s. 7, ch. 93-39; s. 756, ch. 95-148.
   4. That the respondent has been taken into cus­
tody for impairment in a public place, or has been                                                  PART VII
arrested for an offense committed while impaired, three
or more times during the preceding 12 months.                                           OFFENDER REFERRALS
   5. Specific facts indicating that the respondent
meets the criteria for involuntary admission in s.                  397.705 Referral of substance abuse impaired
397.675.                                                                      offenders to service providers.
   6. Whether the respondent was advised of his or                  397.706 Screening, assessment, and disposition of
her right to be represented by counsel and to request                         juvenile offenders.
                                                               25
Ch. 397                                         SUBSTANCE ABUSE SERVICES                                            F.S. 2007

   397.705 Referral of substance abuse impaired                     ceedings include appropriate conditions and sanctions
offenders to service providers.—                                    to address substance abuse problems. Policies and
   (1) AUTHORITY TO REFER.—If any offender,                         procedures must address:
including but not limited to any minor, is charged with or             (a) The designation of local service providers
convicted of a crime, the court or criminal justice                 responsible for screening and assessment services
authority with jurisdiction over that offender may                  and dispositional recommendations to the department
require the offender to receive services from a service             and the court.
provider licensed under this chapter. If referred by the               (b) The means by which juvenile offenders are pro­
court, the referral shall be in addition to final adjudica­          cessed to ensure participation in screening and
tion, imposition of penalty or sentence, or other action.           assessment services.
The court may consult with or seek the assistance of a                 (c) The role of the court in securing assessments
service provider concerning such a referral. Assign­                when juvenile offenders or their families are
ment to a service provider is contingent upon availabil­            noncompliant.
ity of space, budgetary considerations, and manage­                    (d) Safeguards to ensure that information derived
ability of the offender.                                            through screening and assessment is used solely to
   (2) REFERRAL AND TREATMENT.—                                     assist in dispositional decisions and not for purposes of
   (a) An order referring an offender under subsection              determining innocence or guilt.
(1) must be in writing and must be signed by the referral              (3) Because resources available to support screen­
source. The order must specify the name of the                      ing and assessment services are limited, the judicial
offender, the name and address of the service provider              circuits and department district administration must
to which the offender is referred, the date of the referral,        develop those capabilities to the extent possible within
the duration of the offender’s sentence, and all condi­             available resources according to the following priori­
tions stipulated by the referral source. The total amount           ties:
of time the offender is required to receive treatment                  (a) Juvenile substance abuse offenders.
may not exceed the maximum length of sentence pos­                     (b) Juvenile offenders who are substance abuse
sible for the offense with which the offender is charged            impaired at the time of the offense.
or convicted. A copy of the order must be delivered to                 (c) Second or subsequent juvenile offenders.
the service provider.                                                  (d) Minors taken into custody.
   (b) The director may refuse to admit any offender                   (4) The court may require juvenile offenders and
referred to the service provider under subsection (1).              their families to participate in substance abuse assess­
The director’s refusal to admit the offender must be                ment and treatment services in accordance with the
communicated immediately and in writing within 72                   provisions of chapter 984 or chapter 985 and may use
hours to the referral source, stating the basis for such            its contempt powers to enforce its orders.
refusal.                                                             History.—s. 8, ch. 93-39; s. 36, ch. 98-280.

   (c) The director may, after consulting with the refer­
ral source, discharge any offender referred to the ser­                                             PART VIII
vice provider under subsection (1) when, in the judg­                     INMATE SUBSTANCE ABUSE PROGRAMS
ment of the director, the offender is beyond the safe
management capabilities of the service provider. The                397.752 Scope of part.

director must orally communicate a decision to dis­                 397.753 Definitions.

charge an offender to the offender and to the referral              397.754 Duties and responsibilities of the Depart­

source, immediately, and must communicate the deci­                           ment of Corrections.
sion in writing within 72 hours thereafter, stating the
basis for the determination that the offender is beyond                397.752 Scope of part.—An inmate’s substance
the safe management capabilities of the facility.                   abuse service records are confidential in accordance
   (d) When an offender successfully completes treat­               with s. 397.501(7). No other provision of parts I-VII of
ment or when the time period during which the offender              this chapter applies to inmates except as indicated by
is required to receive treatment expires, the director              the context or specified.
shall communicate such fact to the referral source.                  History.—s. 9, ch. 93-39.
 History.—s. 8, ch. 93-39; s. 38, ch. 97-194.
                                                                       397.753 Definitions.—As used in this part:
   397.706 Screening, assessment, and disposition                      (1) “Department” means the Department of Correc­
of juvenile offenders.—                                             tions.
   (1) The substance abuse treatment needs of juve­                    (2) “Inmate” means any person committed by a
nile offenders and their families must be identified and             court of competent jurisdiction to the custody of the
addressed through diversionary programs and adjudi­                 Department of Corrections, including transfers from
catory proceedings pursuant to chapter 984 or chapter               federal and state agencies under the Interstate Correc­
985.                                                                tions Compact.
   (2) The juvenile and circuit courts, in conjunction                 (3) “Inmate substance abuse services” means any
with department district administration, shall establish            service component as defined in s. 397.311 provided
policies and procedures to ensure that juvenile offend­             directly by the Department of Corrections and licensed
ers are appropriately screened for substance abuse                  and regulated by the Department of Children and Fam­
problems and that diversionary and adjudicatory pro­                ily Services pursuant to s. 397.406, or provided through
                                                               26
F.S. 2007                                      SUBSTANCE ABUSE SERVICES                                                             Ch. 397

contractual arrangements with a service provider                  stance abuse impairment coordinator. The responsibili­
licensed pursuant to part II; or any self-help program or         ties of the agency coordinator include interagency and
volunteer support group operating for inmates.                    intraagency coordination, collection and dissemination
 History.—s. 9, ch. 93-39; s. 108, ch. 99-8.                      of agency-specific data relating to substance abuse
                                                                  impairment, and participation in the development of the
  397.754 Duties and responsibilities of the Depart­              state comprehensive plan for substance abuse impair­
ment of Corrections.—The Department of Corrections                ment.
shall:                                                               (2) The department shall establish, within each of
  (1) To the fullest extent possible provide inmates              its service districts, the full-time position of substance
upon arrival at a Department of Corrections reception             abuse impairment prevention coordinator, to be filled
center for initial processing with an assessment of sub­          by a person with expertise in the area of substance
stance abuse service needs.                                       abuse impairment. The primary responsibility of this
  (2) Provide inmates who are admitted to inmate                  person is to develop and implement activities which
substance abuse services with an individualized treat­            foster the prevention of substance abuse impairment.
ment plan which is developed on the basis of assessed              History.—s. 10, ch. 93-39; s. 110, ch. 99-8; s. 5, ch. 99-187.
need for services and which includes measurable goals
and specifies the types of services needed to meet                    397.811 Juvenile substance abuse impairment
those goals.                                                      coordination; legislative findings and intent.—
  (3) To the fullest extent possible provide inmates                 (1) The Legislature recognizes that a substance
with individualized services.                                     abuse impairment crisis is destroying our youth and is
  (4) Develop and maintain systematic methods of                  the underlying cause of many juveniles entering the
research, evaluation, and monitoring of the appropri­             juvenile justice system, and that substance abuse
ateness and quality of substance abuse programs.                  impairment contributes to the crime rate, the school
  (5) Provide inmates who have participated in sub­               dropout rate, youth suicide, teenage pregnancy, AIDS,
stance abuse programs within 1 month of the date of               and substance-exposed newborns. The economic cost
their final release from the correctional facility in which        of substance abuse impairment to the state drains
they are incarcerated with information regarding                  existing resources, and the cost to victims, both eco­
options for continuing substance abuse services in the            nomic and psychological, is traumatic and tragic. The
community and with referrals for such services as                 Legislature also recognizes that substance abuse
appropriate or upon the inmate’s request.                         impairment is a community problem, a family problem,
  (6) In cooperation with other agencies, actively                a societal problem, and a judicial problem and that
seek to enhance resources for the provision of treat­             there is a critical need to address this emergency
ment services for inmates and to develop partnerships             immediately. Therefore, it is the intent of the Legislature
with other state agencies, including but not limited to           that scarce funds be invested in prevention and early
the Departments of Children and Family Services, Edu­             intervention programs.
cation, Community Affairs, and Law Enforcement.                      (2) It is the intent of the Legislature to provide
  (7) To the extent of available funding, provide train­          authority for the department to expand existing ser­
ing to employees whose duties involve the provision of            vices to juveniles, to contract with community-based
inmate substance abuse services.                                  substance abuse service providers for the provision of
  (8) The department shall by rule set forth proce­               specialized services, and to have prototype models
dures with respect to individual dignity, nondiscrimina­          developed prior to statewide implementation.
                                                                   History.—s. 10, ch. 93-39; s. 5, ch. 99-187.
tory services, quality services, communication for
inmates who receive treatment for substance abuse,                   397.821 Juvenile substance abuse impairment
and confidentiality requirements in accordance with                prevention and early intervention councils.—
federal law.                                                         (1) Each judicial circuit as set forth in s. 26.021 may
 History.—s. 9, ch. 93-39; s. 109, ch. 99-8.
                                                                  establish a juvenile substance abuse impairment pre­
                                 PART IX                          vention and early intervention council composed of at
                                                                  least 12 members, including representatives from law
                  SERVICES COORDINATION                           enforcement, the department, school districts, state
                                                                  attorney and public defender offices, the circuit court,
397.801 Substance abuse impairment coordination.                  the religious community, substance abuse impairment
397.811 Juvenile substance abuse impairment coor­                 professionals, child advocates from the community,
          dination; legislative findings and intent.               business leaders, parents, and high school students.
397.821 Juvenile substance abuse impairment pre­                  However, those circuits which already have in opera­
          vention and early intervention councils.                tion a council of similar composition may designate the
                                                                  existing body as the juvenile substance abuse impair­
   397.801 Substance abuse impairment coordina­                   ment prevention and early intervention council for the
tion.—                                                            purposes of this section. Each council shall establish
   (1) The Department of Children and Family Ser­                 bylaws providing for the length of term of its members,
vices, the Department of Education, the Department of             but the term may not exceed 4 years. The district
Corrections, the Department of Community Affairs, and             administrator, as defined in s. 20.19, and the chief
the Department of Law Enforcement each shall appoint              judge of the circuit court shall each appoint six mem­
a policy level staff person to serve as the agency sub­           bers of the council. The district administrator shall
                                                             27
Ch. 397                                                SUBSTANCE ABUSE SERVICES                                                     F.S. 2007

appoint a representative from the department, a school                                 (2)(a) The department shall designate and initiate
district representative, a substance abuse impairment                               prototype juvenile addictions receiving facilities in geo­
treatment professional, a child advocate, a parent, and                             graphic areas where the substance abuse impairment
a high school student. The chief judge of the circuit                               crisis places juveniles and their families at the greatest
court shall appoint a business leader and representa­                               risk because of an unfavorable combination of social,
tives from the state attorney’s office, the public defend-                           environmental, and economic conditions which include
er’s office, the religious community, the circuit court,                             such factors as poverty, a high crime rate, a high inci­
and law enforcement agencies.                                                       dence of substance abuse impairment, and a high
   (2) The purpose of each council is to identify the                               dropout rate. To receive funding under this section, a
needs of its community in the area of juvenile sub­                                 prospective service provider must demonstrate:
stance abuse impairment prevention and early inter­                                    1. Its capacity to administer and coordinate the
vention. In order to carry out its responsibilities, the                            programs and services in a comprehensive manner
council shall assess the need for substance abuse                                   and render a flexible range of services.
impairment prevention and early intervention service                                   2. Its capacity to identify and serve those juveniles
providers, identify priorities for providers and services,                          least able to access existing service providers and
propose methods of coordination of services to ensure                               ancillary services.
effectiveness and avoid duplication and fragmentation,                                 3. Its capacity to administer and coordinate the
and develop recommendations to address the identi­                                  services in an intensive and continuous manner.
fied needs.                                                                             4. The proximity of its facilities to juveniles and
   (3) The council shall provide recommendations to                                 their families to be served by the service provider, or its
the Program Director for Substance Abuse annually for                               ability to provide offsite services to such persons.
consideration for inclusion in the district alcohol, drug                              5. Its ability to use existing federal, state, and local
abuse, and mental health plans.                                                     governmental programs and services during imple­
  History.—s. 10, ch. 93-39; s. 67, ch. 94-209; s. 4, ch. 99-187; s. 55, ch.        mentation.
2000-139.
                                                                                       6. Its ability to coordinate activities and services
                                PART X                                              with existing public, private, state, and local agencies
                                                                                    and programs intended to assist juveniles and their
     JUVENILE EMERGENCY PROCEDURES AND                                              families.
     CHILDREN’S SUBSTANCE ABUSE SERVICES                                               7. How its plan will involve participants and com­
                                                                                    munity representatives in the planning and operation of
397.901 Prototype juvenile addictions receiving facili­                             the service provider.
          ties.                                                                        8. Its ability to participate in the assessment com­
397.92  Children’s substance abuse services sys­                                    ponent required in this chapter.
          tem; goals.                                                                  9. Its consistency with the stated legislative intent.
397.93  Children’s substance abuse services; target                                    (b) While a flexible range of services is essential,
          populations.                                                              the following services are the core group of services:
397.94  Children’s substance abuse services; infor­
                                   1. Treatment services.
          mation and referral network.
                                                2. Education services.
397.95  Children’s substance abuse services; ser­
                                     3. Family services.
          vices provided by licensed providers.
397.951 Treatment and sanctions.                                                    Additional services may include mental health services,
397.96  Case management for complex substance                                       housing assistance, transportation, and nutrition ser­
          abuse cases.                                                              vices.
397.97  Children’s substance abuse services; dem­                                      (c) The department may implement the prototype
          onstration models.                                                        juvenile addictions receiving facilities component of the
397.98  Children’s substance abuse services; utiliza­                               emergency assessment and specialized treatment ser­
          tion management.                                                          vices within resources appropriated for this purpose.
397.99  School substance abuse prevention partner­                                  Using the criteria provided in this section, the depart­
          ship grants.                                                              ment shall evaluate and select the service providers
397.997 Prevention resources; Internet website.                                     and sites to be funded initially.
397.998 Drug-free communities support match                                            (3) Cities and counties may appropriate funds to
          grants.                                                                   support all or any portion of the cost of services and
                                                                                    construction for community-based service providers
  397.901 Prototype juvenile addictions receiving                                   under subsection (2) not met through state or federal
facilities.—                                                                        funds. Communities desiring to apply for the designa­
  (1) Prototype juvenile addictions receiving facilities                            tion of the most intensive level of care must use local
may be designated to provide substance abuse impair­                                funds for any facility modifications necessary, unless
ment treatment services and community-based detoxi­                                 they are one of the prototype juvenile addictions receiv­
fication, stabilization, and short-term treatment and                                ing facilities.
medical care to juveniles found to be impaired, in need                                (4) The department shall adopt rules necessary to
of emergency treatment as a consequence of being                                    implement this section. The rules must be written by the
impaired, or incapable of making an informed decision                               department’s Substance Abuse Program Office and
about their need for care.                                                          must specify criteria for staffing and services delin­
                                                                               28
F.S. 2007                                               SUBSTANCE ABUSE SERVICES                                               Ch. 397

eated for the provision of graduated levels of care from                     longer term residential treatment, with some severe
nonintensive to environmentally secure for the handling                      cases initially in need of detoxification and stabilization.
of aggressive and difficult-to-manage behavior and the                         History.—s. 8, ch. 99-396.

prevention of elopement.
 History.—s. 11, ch. 93-39; s. 56, ch. 2000-139; s. 11, ch. 2000-337.           397.94 Children’s substance abuse services;
                                                                             information and referral network.—
   397.92 Children’s substance abuse services sys­                              (1) Each service district of the department shall
tem; goals.—                                                                 develop a plan for and implement a districtwide com­
   (1) It is the intent of the Legislature that the chil-                    prehensive children’s substance abuse information
dren’s substance abuse services system achieve the                           and referral network to be operational by July 1, 2000.
following performance outcomes for children who are                             (2) The district shall determine the most cost-
eligible for services:                                                       effective method for delivering this service and may
   (a) Identification of the presenting problems and                          select a new provider or utilize an existing provider or
conditions of substance abuse through the use of valid                       providers with a record of success in providing informa­
assessment.                                                                  tion and referral services.
   (b) Improvement in the child’s ability to function in                        (a) The plan must provide assurances that the
the family with minimum supports.                                            information and referral network will include a resource
   (c) Improvement in the child’s ability to function in                     directory that contains information regarding the chil-
school with minimum supports.                                                dren’s substance abuse services available, including,
   (d) Improvement in the child’s ability to function in                     but not limited to:
the community with minimum supports.                                            1. Public and private resources by service compo­
   (e) Improvement in the child’s ability to live drug-                      nent, including resources for involuntary admissions
free.                                                                        under s. 397.675.
   (f) Reduction of behaviors and conditions that may                           2. Hours of operation and hours during which ser­
be linked to substance abuse, such as unintended                             vices are provided.
pregnancy, delinquency, sexually transmitted dis­                               3. Ages of persons served.
eases, and smoking, and other negative behaviors.                               4. Description of services.
   (g) Increased return of children in state custody,                           5. Eligibility requirements.
drug-free, to their homes, or the placement of such chil­                       6. Fee schedules.
dren, drug-free, in an appropriate setting.                                     (b) Maintain and annually update information
   (2) Pursuant to 1s. 216.0166, the department shall                        regarding private practitioners in the community who
annually develop performance outcomes and perform­                           provide substance abuse services to children.
ance measures to assess the performance of the chil-                            (c) Develop and implement procedures for docu­
dren’s substance abuse services system in achieving                          menting requests for services, including, but not limited
the intent of this section.                                                  to:
 History.—s. 7, ch. 99-396.
                                                    1. Number of calls by type of service requested, if
 1Note.—Repealed  by s. 61, ch. 2000-371.
                                   any;
                                                                                2. Ages of children for whom services are
   397.93 Children’s substance abuse services; tar­                          requested; and
get populations.—The target populations for children’s                          3. Disposition on all referrals, including location of
substance abuse services are children at risk for sub­                       resource if referred for face-to-face screening.
stance abuse and children with substance abuse prob­                            (d) Develop and implement procedures for sharing
lems.                                                                        information with participating community agencies and
   (1) Children at risk for substance abuse include:                         resources.
   (a) Children who are at risk due to regular or peri­                         (3) In planning the information and referral network,
odic exposure to negative factors related to family,                         the district shall consider the establishment of a 24­
community, school, self, or peers. Children in this cate­                    hour toll-free telephone number to call for information
gory are typically placed in special prevention pro­                         and a public service campaign to inform the public
grams which are often school-based and which empha­                          about the information and referral service.
size the importance of protective factors to reduce risk.                     History.—s. 9, ch. 99-396; s. 2, ch. 2000-337.

   (b) Children who are at risk due to experimental
and social use of substances. Children in this category                         397.95 Children’s substance abuse services; ser­
are typically placed in early intervention programs                          vices provided by licensed providers.—Each service
which may occur in the community or school.                                  district of the department shall ensure that all screen­
   (2) Children with substance abuse problems                                ing, intake, assessment, enrollment, service planning,
                                                                             and case management services provided under this
include:
                                                                             part are provided by children’s substance abuse ser­
   (a) Children who use substances on a daily,
                                                                             vices providers licensed under part II of this chapter
weekly, or monthly basis. Children in this category typi­
                                                                             and in accordance with standards set forth in depart­
cally need outpatient counseling and in some cases                           ment rules.
more structured day or night treatment.                                       History.—s. 10, ch. 99-396.
   (b) Children with a substance dependency or
addiction. Children in this category typically need struc­                     397.951 Treatment and sanctions.—The Legisla­
tured day or night treatment or more intensive and                           ture recognizes that the integration of treatment and
                                                                        29
Ch. 397                                     SUBSTANCE ABUSE SERVICES                                                      F.S. 2007

sanctions greatly increases the effectiveness of sub­                  2.     Two years, for a subsequent violation.
stance abuse treatment. It is the responsibility of the               History.—s. 11, ch. 99-396; s. 987, ch. 2002-387.

department and the substance abuse treatment pro­
                                                                        397.96 Case management for complex substance
vider to employ the full measure of sanctions available
                                                                     abuse cases.—
to require participation and completion of treatment to
                                                                        (1) Contingent upon specific appropriations, it is
ensure successful outcomes for children in substance
                                                                     the intent of the Legislature to provide for a more inten­
abuse treatment.
                                                                     sive level of case management for complex cases
   (1) Pursuant to the provisions of this chapter, the               involving children who need substance abuse services.
department shall ensure that substance abuse treat­                  Such services shall be directed toward children receiv­
ment providers develop and manage treatment plans                    ing services from several agencies or programs to
that are appropriate to the severity of the substance                address the complex problems created by substance
abuse problem and tailored to the individual needs of                abuse, dependency, or addiction.
the child.                                                              (2) The department shall determine when a child
   (2) The department shall ensure that substance                    receiving children’s substance abuse services under
abuse treatment providers employ any and all appropri­               this part shall have a case manager.
ate available sanctions necessary to engage, motivate,                  (3) For the purposes of this section, “case manage­
and maintain a child in treatment, including, but not lim­           ment” means those activities aimed at:
ited to, provisions in law that:                                        (a) Implementing a treatment plan;
   (a) Provide for parental participation in treatment                  (b) Advocacy;
for involuntary admission to treatment, as provided in                  (c) Linking services providers to a child and family;
part IV of this chapter.                                                (d) Monitoring services delivery; and
   (b) Provide for law enforcement authorities to                       (e) Collecting information to determine the effect of
assume custody of a child who is substance abuse                     services and treatment.
impaired and allow placement of a child into the care of                (4) The case manager shall periodically review ser­
a hospital, substance abuse detoxification facility, or               vices utilization to ascertain compliance with plans
addiction receiving facility, as specified in part V of this          approved by the planning team.
chapter.                                                                (5) The department shall establish by rule stand­
   (c) Provide parental authority to involuntarily admit             ards to coordinate case management activities from
a child for assessment to an addiction receiving facility,           various referral points, in order to minimize fragmenta­
as specified in part V of this chapter.                               tion and duplication and promote stability of case man­
   (d) Provide parents and substance abuse provid­                   agers assigned to a child and family. In the attempt to
ers with civil involuntary procedures to secure court-               minimize duplication, it is the intent of the Legislature
ordered assessment and treatment for children, as                    that a child have no more than one case manager.
specified in part V of this chapter.                                   History.—s. 12, ch. 99-396.
   (e) Authorize the court or any criminal justice
authority with jurisdiction over a child charged or con­                397.97 Children’s substance abuse services; dem­
victed of a crime to require that the delinquent or                  onstration models.—
offender receive substance abuse services under part                    (1) CREATION; PURPOSE.—There is created the
VII of this chapter.                                                 Children’s Network of Care Demonstration Models to
   (f) Provide authority of the court and contempt                   operate, for 4 years, for children who are at risk of sub­
powers to require parental participation in the treatment            stance abuse or who have substance abuse problems.
of a delinquent or offender pursuant to s. 397.706.                  The purpose of the demonstration models is to encour­
   (g) Authorize the court to mandate services for chil­             age collaboration among the department, the Agency
dren and their families in dependency proceedings                    for Health Care Administration, the Department of Edu­
under chapter 39, and children and families in need of               cation, the Department of Health, the Department of
services under chapter 984.                                          Juvenile Justice, local government agencies, and any
   (h) Provide that the use, possession, or sale of con­             other interested party, through a partnership agree­
trolled substances, as defined in chapter 893, or pos­                ment entered into to provide a locally organized net­
session of electronic telephone pagers, by any student               work of care for children and their families. The demon­
while such student is upon school property or in attend­             stration models must:
ance at a school function is grounds for disciplinary                   (a) Be implemented using existing funds;
action by the school and may also result in criminal                    (b) Center on the child and his or her family;
penalties being imposed pursuant to s. 1006.09(1)-(4).                  (c) Promote integration and coordination of ser­
   (i) Provide that, pursuant to s. 322.056, for any                 vices;
person under 18 years of age who is found guilty of or                  (d) Provide for accountable outcomes; and
delinquent for a violation of s. 562.11(2), s. 562.111, or              (e) Emphasize the provision of services in the least
chapter 893, and is eligible by reason of age for a driv-            restrictive, most appropriate setting, utilizing uniform
er’s license or driving privilege, the court shall direct the        placement criteria established in rule of the depart­
Department of Highway Safety and Motor Vehicles to                   ment.
revoke or to withhold issuance of his or her driver’s                   (2) GOAL.—The goal of the Children’s Network of
license or driving privilege for a period of:                        Care Demonstration Models is to create an effective
   1. Not less than 6 months and not more than 1                     interagency strategy for delivering substance abuse
year for the first violation.                                         services to the target populations through a local net­
                                                                30
F.S. 2007                                         SUBSTANCE ABUSE SERVICES                                         Ch. 397

work of service providers. The specific objectives of this           (d) Authorizing care for high-cost services.
strategy are to:                                                    (2) The procedures shall be established by the pur­
   (a) Develop standardized forms and uniform proce­              chasing agent in consultation with the department and
dures which shall be used for screening, intake,                  are subject to approval by the secretary of the depart­
assessment, enrollment, service planning, case man­               ment. The implementation of utilization management
agement, and utilization management;                              within the demonstration models shall be contingent
   (b) Eliminate duplication of services;                         upon the availability of funds.
                                                                   History.—s. 14, ch. 99-396.
   (c) Employ natural supports in the family and the
community to help meet the service needs of the child                 397.99 School substance abuse prevention part­
who is at risk of substance abuse or has a substance              nership grants.—
abuse problem;                                                        (1) GRANT PROGRAM.—
   (d) Improve interagency planning efforts through                   (a) In order to encourage the development of effec­
greater collaboration between public and private com-             tive substance abuse prevention and early intervention
munity-based agencies;                                            strategies for school-age populations, the school sub­
   (e) Test creative and flexible strategies for financ­            stance abuse prevention partnership grant program is
ing the care of children who are at risk of substance             established.
abuse or have a substance abuse problem; and                          (b) The department shall administer the program in
   (f) Share information about the child with appropri­           cooperation with the Department of Education and the
ate community agencies.                                           Department of Juvenile Justice.
   (3) PURCHASE OF SERVICES; OPERATION                                (2) APPLICATION PROCEDURES; FUNDING
CRITERIA.—                                                        REQUIREMENTS.—
   (a) Each demonstration model shall be governed                     (a) Schools, or community-based organizations in
by a multiagency consortium of state and county agen­             partnership with schools, may submit a grant proposal
cies or other public agencies, or a community-based,              for funding or continued funding to the department by
not-for-profit substance abuse or behavioral health net­           March 1 of each year. The department shall establish
work designated by the department, hereafter referred             grant application procedures which ensure that grant
to as the purchasing agent, which shall purchase indi­            recipients implement programs and practices that are
vidualized services for children who are at risk of sub­          effective. The department shall include the grant appli­
stance abuse or have a substance abuse problem. Ser­              cation document on an Internet website.
vices shall be based on client need rather than on tradi­             (b) Grants may fund programs to conduct preven­
tional services limited to narrowly defined cost centers           tion activities serving students who are not involved in
or appropriations categories. Approval to operate as a            substance use, intervention activities serving students
Children’s Network of Care Demonstration Model shall              who are experimenting with substance use, or both pre­
be given by the secretary of the department and shall             vention and intervention activities, if a comprehensive
be based on criteria developed by the department.                 approach is indicated as a result of a needs assess­
   (b) The local purchasing agent is responsible for              ment.
designing a well-defined network of experienced sub­                   (c) Grants may target youth, parents, and teachers
stance abuse services providers. At a minimum, the                and other school staff, coaches, social workers, case
consortium shall:                                                 managers, and other prevention stakeholders.
   1. Specify the capacity and composition of the pro­                (d) Performance measures for grant program activ­
vider network;                                                    ities shall measure improvements in student attitudes
   2. Approve providers for the network;                          or behaviors as determined by the department.
   3. Ensure enrollees’ access to network services;                   (e) At least 50 percent of the grant funds available
   4. Subcontract with providers;                                 for local projects must be allocated to support the repli­
   5. Establish qualification standards for provider               cation of prevention programs and practices that are
staff; and                                                        based on research and have been evaluated and
   6. Monitor providers’ performance.                             proven effective. The department shall develop related
 History.—s. 13, ch. 99-396; s. 61, ch. 2005-2.                   qualifying criteria.
                                                                      (f) In order to be considered for funding, the grant
   397.98 Children’s substance abuse services; utili­             application shall include the following assurances and
zation management.—                                               information:
   (1) Utilization management shall be an integral part               1. A letter from the administrators of the programs
of each Children’s Network of Care Demonstration                  collaborating on the project, such as the school princi­
Model as described under s. 397.97. The utilization               pal, community-based organization executive director,
management process shall include procedures for ana­              or recreation department director, confirming that the
lyzing the allocation and use of resources by the pur­            grant application has been reviewed and that each
chasing agent. Such procedures shall include:                     partner is committed to supporting implementation of
   (a) Monitoring the appropriateness of admissions               the activities described in the grant proposal.
to residential services or other levels of care as deter­             2. A rationale and description of the program and
mined by the department.                                          the services to be provided, including:
   (b) Monitoring the duration of care.                               a. An analysis of prevention issues related to the
   (c) Developing profiles of network providers which              substance abuse prevention profile of the target popu­
describe their patterns of delivering care.                       lation.
                                                             31
Ch. 397                                  SUBSTANCE ABUSE SERVICES                                                F.S. 2007

   b. A description of other primary substance use               drug use, refusal and other prevention skills, and how
and related risk factors.                                        to get help for someone using drugs.
   c. Goals and objectives based on the findings of                History.—s. 16, ch. 99-396.
the needs assessment.
   d. The selection of programs or strategies that                  397.998 Drug-free communities support match
have been shown to be effective in addressing the find­           grants.—
ings of the needs assessment.                                       (1) PURPOSE.—The purposes of drug-free com­
   e. A method of identifying the target group for uni­          munities match grants are to:
versal prevention strategies, and a method for identify­            (a) Assist community coalitions in an effort to
ing the individual student participants in selected and          secure federal drug-free communities support program
indicated prevention strategies.                                 grants under Pub. L. No. 105-20.
   f.    A description of how students will be targeted.            (b) Reduce substance abuse among youth and,
   g. Provisions for the participation of parents and            over time, to reduce substance abuse among adults.
guardians in the program.                                           (c) Enable community coalitions to strengthen col­
   h. An evaluation component to measure the effec­              laboration efforts among public and private agencies to
tiveness of the program in accordance with perform-              reduce substance abuse among youth.
ance-based program budgeting effectiveness mea­
                                                                    (2) APPLICATION PROCESS.—
sures.
   i.    A program budget, which includes the amount                (a) Contingent upon specific appropriations, the
and sources of local cash and in-kind resources com­             department shall establish a program to provide drug-
mitted to the budget and which establishes, to the satis­        free communities match grants.
faction of the department, that the entity will make a              (b) The grants shall be used for all or part of the
cash or in-kind contribution to the program of a value           match required for community coalitions to secure a
that is at least 25 percent of the amount of the grant.          federal drug-free communities support program grant.
   (g) The department shall consider the following in               (3) ELIGIBLE APPLICANTS.—
awarding such grants:                                               (a) Community coalitions whose members have
   1. The number of youths that will be targeted.                worked together on substance abuse reduction initia­
   2. The validity of the program design to achieve              tives for a period of not less than 6 months are eligible
project goals and objectives that are clearly related to         to apply for match grant funds.
performance-based program budgeting effectiveness                   (b) The coalition must represent the targeted com­
measures.                                                        munity and include at least one representative of each
   3. The desirability of funding at least one approved          of the following groups: local Department of Children
project in each of the department’s service districts.           and Family Services official; youth; parents; business
   (3) The department shall coordinate the review of             community; media; schools; organizations serving
grant applications with the Department of Education              youth; law enforcement agencies; religious or fraternal
and the Department of Juvenile Justice and shall make
                                                                 organizations; civic and volunteer groups; health care
award determinations no later than June 30 of each
                                                                 professionals; other local or tribal governmental agen­
year. All applicants shall be notified by the department
of its final action.                                              cies with an expertise in the field of substance abuse,
   (4) Each entity that is awarded a grant as provided           including, if applicable, the state authority with primary
for in this section shall submit performance and output          authority for substance abuse; and other organizations
information as determined by the department.                     involved in reducing substance abuse.
   (5) The department shall establish rules as neces­               (c) To demonstrate that the coalition meets the
sary to implement this section.                                  stated criteria, the applicant must submit examples or
 History.—s. 15, ch. 99-396.                                     formal agreements, such as memorandums of under­
                                                                 standing, previous newsletters or publications, or other
   397.997 Prevention resources; Internet website.—              examples of print media coverage that are dated within
   (1) The department shall develop a publicly avail­            6 months prior to submittal of the application.
able substance abuse prevention Internet website. The
                                                                    (4) RELEASE OF FUNDS.—Match grant funds
information on the Internet website shall target youth
and their parents, teachers, and other stakeholders.             shall be released as required by federal regulations to
   (2) The Internet website shall incorporate, at a              community coalitions upon documentation that a com­
minimum, the following components;                               munity coalition has been awarded a drug-free commu­
   (a) The nature of Florida’s current youth alcohol,            nities support program grant.
tobacco, and other drug use concerns;                               (5) IN-KIND MATCH.—The department may pro­
   (b) The health, social, and legal effects of alcohol,         vide other in-kind services or goods allowed by federal
tobacco, and other drug use on individuals, families,            regulations in lieu of money, to achieve the purpose of
schools, and the economy;                                        this section.
   (c) National, state, and local substance abuse pre­              (6) RULES.—The department is authorized to
vention and treatment resources; and                             adopt rules specifically to address procedures neces­
   (d) Classroom, home, and individual instructional             sary to administer the drug-free communities match
activities and games geared to teach targeted youth              grants as provided in this section.
about the harmful effects of alcohol, tobacco, or other           History.—s. 17, ch. 99-396.

                                                            32

								
To top