reglab/housing_qa huggingface dataset:
FL Stat § 397.301 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part I - General Provisions (Ss. 397.301-397.334)|397.301 - Short title.

397.301 Short title.—This act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”History.—s. 2, ch. 93-39; s. 6, ch. 2009-132.
FL Stat § 397.401 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.401 - License required; penalty; injunction; rules waivers.

397.401 License required; penalty; injunction; rules waivers.—(1) It is unlawful for any person or agency to act as a substance abuse service provider unless it is licensed or exempt from licensure under this chapter.(2) A violation of subsection (1) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(3) The department may maintain an action in circuit court to enjoin the unlawful operation of a substance abuse service provider if the department first gives the violator 14 days’ notice of its intent to maintain such action and the violator fails to apply for licensure within that 14-day period. If the department determines that the health, safety, and welfare of individuals are jeopardized, the department may move to enjoin the operation at any time during the 14-day period. If the service provider has already applied for licensure under this chapter and has been denied licensure, the department may move immediately to obtain an injunction.(4) In accordance with this subsection, the department may waive rules adopted pursuant to this chapter in order to allow service providers to demonstrate and evaluate innovative or cost-effective substance abuse services alternatives. Rules waivers may be granted only in instances where there is reasonable assurance that the health, safety, or welfare of individuals will not be endangered. To apply for a rules waiver, the applicant must be a service provider licensed under this chapter and must submit to the department a written description of the concept to be demonstrated, including:(a) Objectives and anticipated benefits.(b) The number and types of individuals who will be affected.(c) A description of how the demonstration will be evaluated.(d) Any other information requested by the department.A service provider granted a rules waiver under this subsection must submit a detailed report of the results of its findings to the department within 12 months after receiving the rules waiver. Upon receiving and evaluating the detailed report, the department may renew or revoke the rules waiver or seek any regulatory or statutory changes necessary to allow other service providers to implement the same alternative service.(5) The department shall allow a service provider in operation at the time of adoption of any rule a reasonable period, not to exceed 1 year, to bring itself into compliance with the rule.History.—s. 3, ch. 93-39; s. 11, ch. 2009-132; s. 3, ch. 2017-173.
FL Stat § 397.4014 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.4014 - Licensure and regulation of government-operated substance abuse programs.

397.4014 Licensure and regulation of government-operated substance abuse programs.—Substance abuse programs operated directly or under contract by the department, the Department of Corrections, the Department of Juvenile Justice, any other state agency, or any local correctional agency or authority, which programs constitute any service provider licensable components as defined in this chapter, are subject to licensure and regulation in accordance with rules jointly developed by the department and the state or local agency operating the program. The department has authority to exempt such government-operated programs from specific licensure provisions of this part, including, but not limited to, licensure fees and personnel background checks, and to enforce the regulatory requirements governing such programs.History.—s. 3, ch. 93-39; s. 14, ch. 2009-132; s. 8, ch. 2015-4; s. 5, ch. 2017-173.Note.—Former s. 397.406.
FL Stat § 397.4075 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.4075 - Unlawful activities relating to personnel; penalties.

397.4075 Unlawful activities relating to personnel; penalties.—It is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:(1) Inaccurately disclose by false statement, misrepresentation, impersonation, or other fraudulent means, or fail to disclose, in any application for licensure or voluntary or paid employment, any fact which is material in making a determination as to the person’s qualifications to be an owner, a director, a volunteer, or other personnel of a service provider;(2) Operate or attempt to operate as a service provider with personnel who are in noncompliance with the minimum standards contained in this chapter; or(3) Use or release any criminal or juvenile information obtained under this chapter for any purpose other than background checks of personnel for employment.History.—s. 3, ch. 93-39; s. 69, ch. 2000-349; s. 9, ch. 2017-173; s. 5, ch. 2019-159.Note.—Former s. 397.461.
FL Stat § 397.416 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.416 - Substance abuse treatment services; qualified professional.

397.416 Substance abuse treatment services; qualified professional.—Notwithstanding any other provision of law, a person who was certified through a certification process recognized by the former Department of Health and Rehabilitative Services before January 1, 1995, may perform the duties of a qualified professional with respect to substance abuse treatment services as defined in this chapter, and need not meet the certification requirements contained in s. 397.311(35).History.—s. 2, ch. 98-262; s. 5, ch. 2002-196; s. 60, ch. 2005-2; s. 6, ch. 2005-55; s. 19, ch. 2009-132; s. 9, ch. 2015-100; s. 72, ch. 2016-241; s. 30, ch. 2017-173; s. 13, ch. 2019-159.
FL Stat § 397.417 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.417 - Peer specialists.

397.417 Peer specialists.—(1) An individual may seek certification as a peer specialist if he or she has been in recovery from a substance use disorder or mental illness for at least 2 years, or if he or she has at least 2 years of experience as a family member or caregiver of a person with a substance use disorder or mental illness.(2) The department shall approve one or more third-party credentialing entities for the purposes of certifying peer specialists, approving training programs for individuals seeking certification as peer specialists, approving continuing education programs, and establishing the minimum requirements and standards that applicants must achieve to maintain certification. To obtain approval, the third-party credentialing entity must demonstrate compliance with nationally recognized standards for developing and administering professional certification programs to certify peer specialists.(3) An individual providing department-funded recovery support services as a peer specialist shall be certified pursuant to subsection (2). An individual who is not certified may provide recovery support services as a peer specialist for up to 1 year if he or she is working toward certification and is supervised by a qualified professional or by a certified peer specialist who has at least 3 years of full-time experience as a peer specialist at a licensed behavioral health organization.History.—s. 6, ch. 2019-159.
FL Stat § 397.431 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.431 - Individual responsibility for cost of substance abuse impairment services.

397.431 Individual responsibility for cost of substance abuse impairment services.—(1) Before accepting an individual for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the individual for such services under the provider’s fee system or payment policy must be disclosed to each individual or his or her authorized personal representative, or parent or legal guardian if the individual is a minor who did not seek treatment voluntarily and without parental consent.(2) An individual or his or her authorized personal representative, or parent or legal guardian if the individual is a minor, is required to contribute toward the cost of substance abuse services in accordance with his or her ability to pay, unless otherwise provided by law.(3) The parent, legal guardian, or legal custodian of a minor is not liable for payment for any substance abuse services provided to the minor without parental consent pursuant to s. 397.601(4), unless the parent, legal guardian, or legal custodian participates or is ordered to participate in the services, and only for the substance abuse services rendered. If the minor is receiving services as a juvenile offender, the obligation to pay is governed by the law relating to juvenile offenders.(4) Service providers that do not contract for state funds to provide substance abuse services as defined in this chapter may establish their own admission policies regarding provisions for payment for services. Such policies must comply with other statutory and regulatory requirements governing state or federal reimbursements to a provider for services delivered to individuals. As used in this subsection, the term “contract for state funds” does not include Medicaid funds.(5) Service providers that contract for state funds to provide substance abuse services as defined in this chapter must establish a fee system based upon an individual’s ability to pay and, if space and sufficient state resources are available, may not deny an individual access to services solely on the basis of the individual’s inability to pay.History.—s. 3, ch. 93-39; s. 735, ch. 95-148; s. 22, ch. 2009-132.
FL Stat § 397.481 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.481 - Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act.

397.481 Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act.—All service providers as defined in and governed by this chapter are also subject to part IV of chapter 394, the Community Alcohol, Drug Abuse, and Mental Health Services Act.History.—s. 3, ch. 93-39.
FL Stat § 397.482 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.482 - Lawyer assistance programs; civil immunity.

397.482 Lawyer assistance programs; civil immunity.—A person who in good faith reports information or takes action in connection with a lawyer assistance program or a person who receives information in connection with a lawyer assistance program is immune from civil liability for reporting the information, taking the action, or taking no action, provided that such person has acted in good faith and without malice.History.—s. 1, ch. 2001-240.
FL Stat § 397.483 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.483 - Lawyer assistance programs; presumption of good faith.

397.483 Lawyer assistance programs; presumption of good faith.—A member of a lawyer assistance program or a person reporting information to a lawyer assistance program is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice.History.—s. 2, ch. 2001-240.
FL Stat § 397.484 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.484 - Lawyer assistance programs; persons entitled to immunity.

397.484 Lawyer assistance programs; persons entitled to immunity.—The civil immunity provided for in this act shall be liberally construed to accomplish the purposes of this act. The persons entitled to immunity under this act include:(1) Florida Lawyers Assistance, Inc., and other lawyer assistance programs approved by the Florida Supreme Court or The Florida Bar which provide assistance to attorneys who may be impaired because of abuse of alcohol or other drugs or because of any other physical or mental infirmity causing impairment.(2) A member, employee, or agent of the program, association, or nonprofit corporation.(3) A person who reports or provides information to the program concerning an impaired legal professional, including, but not limited to, a person designated to monitor or supervise the course of treatment or rehabilitation of an impaired professional.History.—s. 3, ch. 2001-240.
FL Stat § 397.485 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.485 - Lawyer assistance programs; information subject to privilege.

397.485 Lawyer assistance programs; information subject to privilege.—All privileged information, whether attorney-client, work product, or otherwise, in any form, furnished to the lawyer assistance program shall remain privileged.History.—s. 4, ch. 2001-240.
FL Stat § 397.486 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.486 - Lawyer assistance programs; confidentiality of records, proceedings, and communications.

397.486 Lawyer assistance programs; confidentiality of records, proceedings, and communications.—The records, proceedings, and all communications by and between an individual seeking assistance and the lawyer assistance program shall be deemed confidential and shall not be subject to disclosure or available for court subpoena. This section does not prevent the subpoena of business records that are otherwise available through subpoena, nor does this section preclude release or disclosure of information or communications by the lawyer assistance program when such disclosure is mandated or required as a condition or precondition for entry in the program. Such records are not to be construed as privileged merely because they have been maintained by a lawyer assistance program.History.—s. 5, ch. 2001-240.
FL Stat § 397.4872 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part II - Service Providers (Ss. 397.401-397.4873)|397.4872 - Exemption from disqualification; publication.

397.4872 Exemption from disqualification; publication.—(1) Individual exemptions to staff disqualification or administrator ineligibility may be requested if a recovery residence deems the decision will benefit the program. Requests for exemptions must be submitted in writing to the department within 20 days after the denial by the credentialing entity and must include a justification for the exemption.(2) The credentialing entity must notify the department within 3 business days after a new recovery residence or recovery residence administrator is certified or a recovery residence or recovery residence administrator’s certificate expires or is terminated. The department shall publish on its website a list of all recovery residences that hold a valid certificate of compliance. The department shall also publish on its website a list of all recovery residence administrators who hold a valid certificate of compliance. A recovery residence or recovery residence administrator shall be excluded from the list upon written request to the department by the listed individual or entity.History.—s. 4, ch. 2015-100; s. 42, ch. 2016-24; s. 25, ch. 2016-104; s. 4, ch. 2020-38.
FL Stat § 397.55 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part III - Client Rights (Ss. 397.501-397.581)|397.55 - Prohibition of deceptive marketing practices.

397.55 Prohibition of deceptive marketing practices.—(1) The Legislature recognizes that consumers of substance abuse treatment have disabling conditions and that such consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, a service provider, an operator of a recovery residence, or a third party who provides any form of advertising or marketing services to a service provider or an operator of a recovery residence may not engage in any of the following marketing practices:(a) Making a false or misleading statement or providing false or misleading information about the provider’s or operator’s or third party’s products, goods, services, or geographical locations in its marketing, advertising materials, or media or on its website.(b) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website.(c) Conduct prohibited by s. 817.505.(d) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider or in a recovery residence through a call center or a web-based presence, unless the contract requires such agreement and the marketing provider discloses the following to the prospective patient so that the patient can make an informed health care decision:1. Information about the specific licensed service providers or recovery residences that are represented by the marketing provider and pay a fee to the marketing provider, including the identity of such service providers or recovery residences; and2. Clear and concise instructions that allow the prospective patient to easily access lists of licensed service providers and recovery residences on the department website.(2) In addition to any other punishment authorized by law, a person or entity that knowingly and willfully violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A violation of paragraph (1)(c) is a violation of the prohibition on patient brokering and may subject the party committing the violation to criminal penalties under s. 817.505.History.—s. 17, ch. 2017-173; s. 9, ch. 2019-159.
FL Stat § 397.581 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part III - Client Rights (Ss. 397.501-397.581)|397.581 - Unlawful activities relating to assessment and treatment; penalties.

397.581 Unlawful activities relating to assessment and treatment; penalties.—(1) Knowingly furnishing false information for the purpose of obtaining emergency or other involuntary admission for any person is a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not exceeding $5,000.(2) Causing or otherwise securing, or conspiring with or assisting another to cause or secure, without reason for believing a person to be impaired, any emergency or other involuntary procedure for the person is a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not exceeding $5,000.(3) Causing, or conspiring with or assisting another to cause, the denial to any person of any right accorded pursuant to this chapter is a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not exceeding $5,000.History.—s. 4, ch. 93-39; s. 26, ch. 2009-132.
FL Stat § 397.601 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part IV - Voluntary Admissions Procedures (S. 397.601)|397.601 - Voluntary admissions.

397.601 Voluntary admissions.—(1) A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission.(2) Within the financial and space capabilities of the service provider, a person must be admitted to treatment when sufficient evidence exists that the person is impaired by substance abuse and the medical and behavioral conditions of the person are not beyond the safe management capabilities of the service provider.(3) The service provider must emphasize admission to the service component that represents the least restrictive setting that is appropriate to the person’s treatment needs.(4)(a) The disability of minority for persons under 18 years of age is removed solely for the purpose of obtaining voluntary substance abuse impairment services from a licensed service provider, and consent to such services by a minor has the same force and effect as if executed by an individual who has reached the age of majority. Such consent is not subject to later disaffirmance based on minority.(b) Except for purposes of law enforcement activities in connection with protective custody, the disability of minority is not removed if there is an involuntary admission for substance abuse services, in which case parental participation may be required as the court finds appropriate.History.—s. 5, ch. 93-39; s. 27, ch. 2009-132.
FL Stat § 397.701 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 397 - Substance Abuse Services|Part VI - Local Ordinance Prohibition and Authorization; Admissions Procedures (Ss. 397.701, 397.702)|397.701 - Local ordinances affecting impairment and public impairment offenses forbidden.

397.701 Local ordinances affecting impairment and public impairment offenses forbidden.—A county, municipality, or other political subdivision of the state may not, except pursuant to the provisions of s. 397.702, adopt a local law, ordinance, resolution, or regulation having the force of law which provides that impairment in public in and of itself, or being found in enumerated places in an impaired condition, is an offense, a violation, or the subject of civil or criminal sanctions or penalties of any kind. This section does not affect offenses involving the operation of motor vehicles, machinery, or other hazardous equipment.History.—s. 7, ch. 93-39.