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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 397
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F.S. 397.403
397.403 License application.
(1) Applicants for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted by the department. Applications must include at a minimum:
(a) Information establishing the name and address of the applicant service provider and its director, and also of each member, owner, officer, and shareholder, if any.
(b) Information establishing the competency and ability of the applicant service provider and its director to carry out the requirements of this chapter.
(c) Proof satisfactory to the department of the applicant service provider’s financial ability and organizational capability to operate in accordance with this chapter.
(d) Proof of liability insurance coverage in amounts set by the department by rule.
(e) Sufficient information to conduct background screening for all owners, directors, chief financial officers, and clinical supervisors as provided in s. 397.4073.
(f) Proof of satisfactory fire, safety, and health inspections, and compliance with local zoning ordinances. Service providers operating under a regular annual license shall have 18 months from the expiration date of their regular license within which to meet local zoning requirements. Applicants for a new license must demonstrate proof of compliance with zoning requirements prior to the department issuing a probationary license.
(g) A comprehensive outline of the proposed services, including sufficient detail to evaluate compliance with clinical and treatment best practices, for:
1. Any new applicant; or
2. Any licensed service provider adding a new licensable service component.
(h) Proof of the ability to provide services in accordance with department rules.
(i) Any other information that the department finds necessary to determine the applicant’s ability to carry out its duties under this chapter and applicable rules.
(j) The names and locations of any recovery residences to which the applicant service provider plans to refer patients or from which the applicant service provider plans to accept patients.
(k) Proof of a prohibition on the premises against alcohol, marijuana, illegal drugs, and the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this paragraph, “marijuana” includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986.
(2) The department shall accept proof of accreditation by an accrediting organization whose standards incorporate comparable licensure regulations required by this state, or through another nationally recognized certification process that is acceptable to the department and meets the minimum licensure requirements under this chapter, in lieu of requiring the applicant to submit the information required by paragraphs (1)(a)-(c).
(3) Applications for licensure renewal must include proof of application for accreditation for each licensed service component providing clinical treatment by an accrediting organization that is acceptable to the department for the first renewal, and proof of accreditation for any subsequent renewals. This subsection does not apply to any inmate substance abuse program operated by or under an exclusive contract with a jail or the Department of Corrections.
(4) The burden of proof with respect to any requirement for application for licensure as a service provider under this chapter is on the applicant.
(5) An applicant who willfully and knowingly makes a false representation of material fact in a license application or who willfully and knowingly omits any material fact from a license application commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 3, ch. 93-39; s. 5, ch. 2001-171; s. 6, ch. 2001-191; s. 2, ch. 2002-196; s. 12, ch. 2009-132; s. 4, ch. 2013-93; s. 6, ch. 2017-173; s. 16, ch. 2019-167; s. 1, ch. 2021-128; s. 2, ch. 2022-31; s. 1, ch. 2023-298.