New Florida Laws For Treatment and Detox Operators

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The current Florida legislation that was passed on May 4, 2017 HB 807 (SB 788) broken down to simplistic terms;

Robert Henslee

Robert Henslee SFYB Founder

Note from publisher

About the “New Florida Laws” for TC and Detox operators. While I get the intent I can’t tell you the number of calls I got from owners and operators wanting to know my thoughts;

The general feeling is this is a perfect example of how “Government” strangles small business owners. One owner told me it reminded him of the time when the chicken farmers decided to write a book on computer repairs. Epic failure. My two cents would be you can’t legislate morality. It doesn’t work.  The best example I can think of is they made dope illegal. How did that work out? 

The resulting legislation (PDF Here) is a big pile of goo and nobody has a clue what any of it  actually means. Overnight turned many good operators into criminals while increasing their operating costs, lowering their care and profits. Owners and operators are not happy as they attempt to change current operations to conform to something they don’t understand.

One investor/owner said; “We needed to hire a lawyer in an attempt to understand how to comply with these new laws and its still not very clear what we’re doing resulting in 10’s of thousands of dollars in additional costs to change current operations.

Our focus has changed from treating clients to complying with government regulations. One thing for sure government run operations are NEVER efficient or profitable. Our bricks and mortar assets will be sold…. and we’re moving out of Fla at first chance. We have to remain competitive in the industry or go out of business.”

The new laws probably won’t have much effect on the bad guys other than making them all move out of the state destroying 1000’s of badly needed jobs and making Fla the worst place to make multimillion dollar investments in these businesses.

You can’t blame the investors/owners. Owners/investors told me its hard enough running these places now they have to deal with DCF red tape and huge increased costs in terms of licensing and legal counsel to protect their million dollar investments. The margins are to skinny for this non-sense.

“Nope not happening we’re building in another state is the answer investors are saying”. So the investors are leaving. See ya Florida… we’re gone…. is the market response and have a nice day.

Did I mention it will drive up costs of treatment for those who badly need it and don’t have a dime. My take soon FLA will NOT be competitive in the market because of increased operating costs while providing less service for the dollar…. other states will steal our economic advantage.

I will tell you some of the best treatment providers are in Fla. Do your homework. Both good and bad in any state.

SMH Another industry destroyed by politicians? Need a job in this industry MOVE out of Fla. One thing for sure you…. don’t want to work and/or operate in Florida anymore they say. #Good Job

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Their seems to be a lot of media bias to justify the new actions. You can read about that here. Click Me

New Florida Laws For Treatment and Detox Operators Click to Tweet

Marketing: Drug treatment center marketers will need to be licensed by the state’s Division of Consumer Services. Deceiving, lying, or misleading about treatment services offered, amenities, and the high jacking of 800 numbers will be first-degree misdemeanor.

Criminal Penalties: Statewide you can be investigated and prosecuted for patient brokering. Prosecution could result in a felony and the fines increase with the number of patients brokered. Brokering more than 20 patients will be a first-degree felony and a whopping fine of $500,000.

DCF’s Role (Department of Children and Families): It will now cost much more to license a facility and the penalty for operating without a license is a third-degree felony with a maximum 5 years in jail. DCF significant increase in licensing fees. Operating without a license becomes a third-degree felony, carrying a maximum five-year prison sentence. DCF now must draft the new rules including; clinical, treatment best-practices, operating standards, levels of qualifications for addiction professionals and the number of staff that will be required to operate. DCF will also be allowed to visit you center anytime without notice and inspect all of the above.

The current Florida legislation that was passed on May 4, 2017 HB 807 (SB 788) broken down to simplistic terms; Click to Tweet
As a treatment center owner, detox center owner, or sober living owner you need to completely understand the 5 bills that have passed;

HB 807 (SB 788) — Marketers will now have to be licensed and there are stiff penalties and fines for patient brokering. and centers will be help legally liable for deceptive marketing practices. It makes DCF the “big brother” and enforcer of the industry

Sponsors: Reps. Bill Hager, R-Boca Raton; Gayle Harrell, R-Stuart; and Joseph Abruzzo, D-Boca Raton; and Sen. Jeff Clemens, D-Atlantis.

HB 249 (SB 588) — Paramedics, emergency techs, and hospitals to collect data on overdoses and report them to the Dept. of Health. Forces hospitals to adapt overdose protocols.

Sponsors: Reps. Bob Rommel, R-Naples, Larry Lee Jr., D-Fort Pierce; and Sen. Kathleen Passidomo, R-Naples.

HB 477 —  Directly attacks drug dealers with min. and mandatory jail time including heavy fines for dealing in fentanyl. It also gives prosecutors the option of imposing murder charges.

Sponsors: Reps. Kathleen Peters, R-St. Petersburg; and Charlie Stone, R-Ocala.

HB 557 (SB 840) — Directed towards prescribing physicians controlling the quantity of opioids prescribed to five days. The Prescriptions that are filled for any controlled substances must be reported in the State prescription drug monitoring database within one day.

Sponsors: Rep. Nicholas Duran, D-Miami, Rep. David Silvers, D-West Palm Beach; and Sen. Jeff Clemens, D-Atlantis.

SB 886 (HB 791) — Protects individuals that have been Marchman Acted by making their court records confidential.

Sponsors: Sen. Bobby Powell, D-West Palm Beach; and Rep. Joseph Abruzzo, D-Boca Raton.

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Robert Henslee
Ceo & Founder www.StopFryingYourBrain.com at https://www.linkedin.com/in/gorillamarketing
I am the CEO & Founder of Stop Frying Your Brain which is my pet project. I have many other concerns as well. I enjoy the title usually of "CCO" Chief Content Officer and others with many companies. This is a five year project and I'm about half way of year three. My user community of 175,000 define the build as this is a community asset. We had 4 to 6 million unique views in 2016 depending on which set of analytics you wish to believe. We switched servers several times and lost much of the raw data.

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Filed under: FloridaLegal CornerLegal Stuff About Drugs