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Part I - General Provisions (Ss. 397.301-397.341)
397.301 - Short title. - History.—s. 2, ch. 93-39; s. 6, ch. 2009-132.
397.305 - Legislative findings, intent, and purpose. - (1) Substance abuse is a major health problem that affects...
397.311 - Definitions. - (1) “Ancillary services” are services that include, but are not...
397.321 - Duties of the department. - (1) Develop a comprehensive state plan for the provision of...
397.333 - Statewide Drug Policy Advisory Council. - (1)(a) The Statewide Drug Policy Advisory Council shall be located...
397.334 - Treatment-based drug court programs. - (1) Each county may fund a treatment-based drug court program...
397.341 - Transportation of individuals by law enforcement officers. - History.—s. 3, ch. 2022-41.
Part II - Service Providers (Ss. 397.401-397.4873)
397.401 - License required; penalty; injunction; rules waivers. - (1) It is unlawful for any person or agency to...
397.4012 - Exemptions from licensure. - (1) A hospital or hospital-based component licensed under chapter 395....
397.4014 - Licensure and regulation of government-operated substance abuse programs. - History.—s. 3, ch. 93-39; s. 14, ch. 2009-132; s. 8,...
397.403 - License application. - (1) Applicants for a license under this chapter must apply...
397.407 - Licensure process; fees. - (1) The department shall establish the licensure process to include...
397.4073 - Background checks of service provider personnel. - (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.— (a) For all...
397.4075 - Unlawful activities relating to personnel; penalties. - (1) Inaccurately disclose by false statement, misrepresentation, impersonation, or other...
397.410 - Licensure requirements; minimum standards; rules. - (1) The department shall establish minimum requirements for licensure of...
397.4103 - Quality improvement programs. - (1) Each service provider must maintain a quality improvement program...
397.4104 - Record of recovery residences used by service providers. - (1) By July 1, 2022, a service provider shall record...
397.411 - Inspection; right of entry; classification of violations; records. - (1)(a) An authorized agent of the department may conduct announced...
397.415 - Denial, suspension, and revocation; other remedies. - (1) If the department determines that an applicant or licensed...
397.416 - Substance abuse treatment services; qualified professional. - History.—s. 2, ch. 98-262; s. 5, ch. 2002-196; s. 60,...
397.417 - Peer specialists. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that:...
397.427 - Medication-assisted treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout medication; unlawful operation; penalty. - (1) Providers of medication-assisted treatment services for opiate addiction may...
397.431 - Individual responsibility for cost of substance abuse impairment services. - (1) Before accepting an individual for admission and in accordance...
397.481 - Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act. - History.—s. 3, ch. 93-39.
397.482 - Lawyer assistance programs; civil immunity. - History.—s. 1, ch. 2001-240.
397.483 - Lawyer assistance programs; presumption of good faith. - History.—s. 2, ch. 2001-240.
397.484 - Lawyer assistance programs; persons entitled to immunity. - (1) Florida Lawyers Assistance, Inc., and other lawyer assistance programs...
397.485 - Lawyer assistance programs; information subject to privilege. - History.—s. 4, ch. 2001-240.
397.486 - Lawyer assistance programs; confidentiality of records, proceedings, and communications. - History.—s. 5, ch. 2001-240.
397.487 - Voluntary certification of recovery residences. - (1) The Legislature finds that a person suffering from addiction...
397.4871 - Recovery residence administrator certification. - (1) It is the intent of the Legislature that a...
397.4872 - Exemption from disqualification; publication. - (1) Individual exemptions to staff disqualification or administrator ineligibility may...
397.4873 - Referrals to or from recovery residences; prohibitions; penalties. - (1) A service provider licensed under this part may not...
Part III - Client Rights (Ss. 397.501-397.581)
397.501 - Rights of individuals. - (1) RIGHT TO INDIVIDUAL DIGNITY.—The dignity of the individual served...
397.55 - Prohibition of deceptive marketing practices. - (1) The Legislature recognizes that consumers of substance abuse treatment...
397.581 - Unlawful activities relating to assessment and treatment; penalties. - (1) Knowingly furnishing false information for the purpose of obtaining...
Part IV - Voluntary Admissions Procedures (S. 397.601)
397.601 - Voluntary admissions. - (1) A person who wishes to enter treatment for substance...
Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978)
Subpart A - General Provisions
397.675 - Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization... - (1) Has lost the power of self-control with respect to...
397.6751 - Service provider responsibilities regarding involuntary admissions. - (1) It is the responsibility of the service provider to:...
397.6752 - Referral of involuntarily admitted individual for voluntary treatment. - History.—s. 6, ch. 93-39; s. 739, ch. 95-148; s. 29,...
397.6758 - Release of individual from protective custody, emergency admission, involuntary assessment, involuntary treatment, and alternative involuntary assessment of a minor. - (1) To the individual’s parent, legal guardian, or legal custodian...
397.6759 - Parental participation in treatment. - History.—s. 6, ch. 93-39.
397.6760 - Court records; confidentiality. - (1) All petitions for involuntary assessment and stabilization, court orders,...
Subpart B - Noncourt Involved Admissions:Protective Custody
397.677 - Protective custody; circumstances justifying. - (1) Brought to the attention of law enforcement; or (2)...
397.6771 - Protective custody with consent. - History.—s. 6, ch. 93-39; s. 740, ch. 95-148.
397.6772 - Protective custody without consent. - (1) If a person in circumstances which justify protective custody...
397.6773 - Dispositional alternatives after protective custody. - (1) An individual who is in protective custody must be...
397.6774 - Department to maintain lists of licensed facilities. - History.—s. 6, ch. 93-39.
397.6775 - Immunity from liability. - History.—s. 6, ch. 93-39.
Subpart C - Noncourt Involved Admissions;Emergency
397.679 - Emergency admission; circumstances justifying. - History.—s. 6, ch. 93-39; s. 26, ch. 2016-241; s. 27,...
397.6791 - Emergency admission; persons who may initiate. - (1) In the case of an adult, any professional who...
397.6793 - Professional’s certificate for emergency admission. - (1) A physician, a clinical psychologist, a physician assistant working...
397.6795 - Transportation-assisted delivery of persons for emergency assessment. - History.—s. 6, ch. 93-39; s. 29, ch. 2016-241.
397.6797 - Dispositional alternatives after emergency admission. - (1) Release the individual and, where appropriate, refer the individual...
Subpart D - Noncourt Involved Admissions;Alternative InvoluntaryAssessment for Minors
397.6798 - Alternative involuntary assessment procedure for minors. - (1) In addition to protective custody, emergency admission, and involuntary...
397.6799 - Disposition of minor upon completion of alternative involuntary assessment. - History.—s. 6, ch. 93-39; s. 33, ch. 2009-132.
Subpart E - Court Involved Admissions, CivilInvoluntary Proceedings; Generally
397.681 - Involuntary petitions; general provisions; court jurisdiction and right to counsel. - (1) JURISDICTION.—The courts have jurisdiction of involuntary assessment and stabilization...
Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization
397.6811 - Involuntary assessment and stabilization. - (1) If the person upon whose behalf the petition is...
397.6814 - Involuntary assessment and stabilization; contents of petition. - (1) The reason for the petitioner’s belief that the respondent...
397.6815 - Involuntary assessment and stabilization; procedure. - (1) Provide a copy of the petition and notice of...
397.6818 - Court determination. - (1) Based on its determination, the court shall either dismiss...
397.6819 - Involuntary assessment and stabilization; responsibility of licensed service provider. - History.—s. 6, ch. 93-39; s. 34, ch. 2009-132; s. 34,...
397.6821 - Extension of time for completion of involuntary assessment and stabilization. - History.—s. 6, ch. 93-39; s. 35, ch. 2009-132.
397.6822 - Disposition of individual after involuntary assessment. - (1) Release the individual and, where appropriate, refer the individual...
Subpart G - Court Involved Admissions;Involuntary Treatment
397.693 - Involuntary treatment. - (1) Has been placed under protective custody pursuant to s....
397.695 - Involuntary services; persons who may petition. - (1) If the respondent is an adult, a petition for...
397.6951 - Contents of petition for involuntary services. - (1) The reason for the petitioner’s belief that the respondent...
397.6955 - Duties of court upon filing of petition for involuntary services. - (1) Upon the filing of a petition for involuntary services...
397.6957 - Hearing on petition for involuntary services. - (1) At a hearing on a petition for involuntary services,...
397.697 - Court determination; effect of court order for involuntary services. - (1) When the court finds that the conditions for involuntary...
397.6971 - Early release from involuntary services. - (1) At any time before the end of the 90-day...
397.6975 - Extension of involuntary services period. - (1) Whenever a service provider believes that an individual who...
397.6977 - Disposition of individual upon completion of involuntary services. - History.—s. 6, ch. 93-39; s. 40, ch. 2009-132; s. 42,...
397.6978 - Guardian advocate; patient incompetent to consent; substance abuse disorder. - (1) The administrator of a receiving facility or an addictions...
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. - History.—s. 7, ch. 93-39.
397.702 - Authorization of local ordinances for treatment of habitual abusers in licensed secure facilities. - (1) Due to the severity in certain areas of the...
Part VII - Offender Referrals (Ss. 397.705, 397.706)
397.705 - Referral of substance abuse impaired offenders to service providers. - (1) AUTHORITY TO REFER.—If any offender, including but not limited...
397.706 - Screening, assessment, and disposition of juvenile offenders. - (1) The substance abuse treatment needs of juvenile offenders and...
Part VIII - Inmate Substance Abuse Programs (Ss. 397.752-397.754)
397.752 - Scope of part. - History.—s. 9, ch. 93-39.
397.753 - Definitions. - (1) “Department” means the Department of Corrections. (2) “Inmate” means...
397.754 - Duties and responsibilities of the Department of Corrections. - (1) To the fullest extent possible provide inmates upon arrival...
Part IX - Children’s Substance Abuse Services (Ss. 397.92-397.998)
397.92 - Children’s substance abuse services system; goals. - (1) It is the intent of the Legislature that the...
397.95 - Children’s substance abuse services; services provided by licensed providers. - History.—s. 10, ch. 99-396; s. 46, ch. 2009-132.
397.96 - Case management for complex substance abuse cases. - (1) Contingent upon specific appropriations, it is the intent of...
397.99 - School substance abuse prevention partnership grants. - (1) GRANT PROGRAM.— (a) In order to encourage the development...
397.997 - Prevention resources; Internet website. - (1) The department shall develop a publicly available substance abuse...
397.998 - Drug-free communities support match grants. - (1) PURPOSE.—The purposes of drug-free communities match grants are to:...