Florida Statute 397.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.401

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.

(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.

(6) A service provider operating an addictions receiving facility or providing detoxification on a nonhospital inpatient basis may not exceed its licensed capacity by more than 10 percent and may not exceed their licensed capacity for more than 3 consecutive working days or for more than 7 days in 1 month.

History.—s. 3, ch. 93-39; s. 11, ch. 2009-132; s. 3, ch. 2017-173; s. 22, ch. 2024-245.

F.S. 397.401 on Google Scholar

F.S. 397.401 on Casetext

Amendments to 397.401

Arrestable Offenses / Crimes under Fla. Stat. 397.401

Level: Degree
Misdemeanor/Felony: First/Second/Third

S397.401 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 8340 - M: F

S397.401 1 - FRAUD-IMPERSON - ACT AS SUBSTANCE ABUSE SERVICE PROVIDER - F: T

S397.401 2 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9070 - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 397.401

Total Results: 20

JEROME ERIC BIVENS W v. GREGORY TONY, SHERIFF and STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-09T00:00:00-07:00

Snippet: ”); Fla. League of Cities v. Smith, 607 So. 2d 397, 401 (Fla. 1992) (“Mandamus may not be used to establish

ARTHUR AIELLO v. ASI PREFERRED CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-31T00:53:00-07:00

Snippet: Co. v. Deni Assocs. of Fla., Inc., 678 So. 2d 397, 401 (Fla. 4th DCA 1996) (“Insurance contracts are

STATE OF FLORIDA v. BRANDON BISHOP

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-15T00:53:00-07:00

Snippet: deficient performance.” Routly v. State, 590 So. 2d 397, 401 (Fla. 1991) (citing Strickland v. Washington,

TONY DOUSE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:53:00-07:00

Snippet: deficient performance.” Routly v. State, 590 So. 2d 397, 401 (Fla. 1991) (citing Strickland v. Washington,

Doe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 210 So. 3d 154

Snippet: law.” Fla. League of Cities v. Smith, 607 So.2d 397, 401 (Fla.1992). And the duty must be one “imposed

Miami-Dade County Board of County Commissioners v. an Accountable Miami-Dade

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-20T00:53:00-07:00

Snippet: accord Fla. League of Cities v. Smith, 607 So. 2d 397, 401 (Fla. 1992) (“Mandamus may not be used to establish

Miami-Dade County Board of County Commissioners v. an Accountable Miami-Dade

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-20T00:00:00-07:00

Citation: 208 So. 3d 724, 2016 Fla. App. LEXIS 14069

Snippet: accord Fla. League of Cities v. Smith, 607 So. 2d 397, 401 (Fla. 1992) (“Mandamus may not be used to

State v. Vitale

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-28T00:00:00-07:00

Citation: 118 So. 3d 853, 2013 WL 3238039, 2013 Fla. App. LEXIS 10301

Snippet: is appealing. See State v. Cassells, 835 So.2d 397, 401 (Fla. 2d DCA 2003). Thus, the question here is

Clarke v. State Farm Florida Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 123 So. 3d 583, 2012 WL 5349377, 2012 Fla. App. LEXIS 18961

Snippet: . Co. v. Deni Assocs. of Fla., Inc., 678 So.2d 397, 401 (Fla. 4th DCA 1996), affirmed, 711 So.2d 1135

State Farm Florida Insurance v. Unlimited Restoration Specialists, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-23T00:00:00-07:00

Citation: 84 So. 3d 390, 2012 WL 966642, 2012 Fla. App. LEXIS 4589

Snippet: a statute. Willette v. Air Products, 700 So.2d 397, 401 (Fla. 1st DCA 1997) (quoting State, Dep’t of Bus

Marek v. State

Court: Fla. | Date Filed: 2009-07-16T00:00:00-07:00

Citation: 14 So. 3d 985, 34 Fla. L. Weekly Supp. 461, 2009 Fla. LEXIS 1125, 2009 WL 2045416

Snippet: counsel was ineffective); Routly v. State, 590 So.2d 397, 401 n. 4 (Fla.1991); Kelley v. State, 569 So.2d 754

Department of Children & Family Services v. Chapman

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-15T00:00:00-07:00

Citation: 9 So. 3d 676, 2009 Fla. App. LEXIS 3211, 2009 WL 996733

Snippet: administrating agency, and receive a license. See §§ 397.401, .403. Licenses are often issued on a probationary

Amison v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-01T00:00:00-07:00

Citation: 5 So. 3d 798, 2009 Fla. App. LEXIS 2906, 2009 WL 839031

Snippet: the rule. See Willette v. Air Prods., 700 So.2d 397, 401 (Fla. 1st DCA 1997) (“ ‘It is axiomatic that an

Williams v. State

Court: Fla. | Date Filed: 2008-01-09T23:53:00-08:00

Citation: 987 So. 2d 1

Snippet: which is on point is Routly v. State, 590 So.2d 397, 401 (Fla.1991). In Routly, a case also involving a

One Beacon Ins. v. AGENCY FOR HEALTH CARE

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:53:00-07:00

Citation: 958 So. 2d 1127

Snippet: administrative rule. See Willette v. Air Prods., 700 So.2d 397, 401 (Fla. 1st DCA 1997). Accordingly, we REVERSE the

Lenhart v. Federated National Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-14T00:00:00-08:00

Citation: 950 So. 2d 454, 2007 Fla. App. LEXIS 1792, 2007 WL 461335

Snippet: Ins. Co. v. Deni Ass. of Fla. Inc., 678 So.2d 397, 401 (Fla. 4th DCA 1996) (ambiguity results when the

Coldiron v. SEMINOLE COUNTY SHERIFF'S DEPARTMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:53:00-07:00

Citation: 936 So. 2d 42

Snippet: rights. Fla. League of Cities v. Smith, 607 So.2d 397, 401 (Fla.1992). Instead, a party petitioning for a

Health Options, Inc. v. Kabeller

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-21T00:00:00-07:00

Citation: 932 So. 2d 416, 2006 Fla. App. LEXIS 5761, 2006 WL 1041817

Snippet: . Co. v. Deni Assocs. of Fla., Inc., 678 So.2d 397, 401 (Fla. 4th DCA 1996), or “read in light of the

Siegel v. Novak

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-18T00:00:00-08:00

Citation: 920 So. 2d 89

Snippet: concurring) (citing Fahs v. Martin, 224 F.2d 387, 397, 401 n. 6 (5th Cir.1955); Smithco Eng'g, Inc.

Duckett v. State

Court: Fla. | Date Filed: 2005-10-06T00:53:00-07:00

Citation: 918 So. 2d 224

Snippet: proceeding."); Routly v. State, 590 So.2d 397, 401 (Fla.1991) (finding that defendant did not demonstrate