Florida Statute 397.403 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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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.

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F.S. 397.403 on Casetext

Amendments to 397.403

Arrestable Offenses / Crimes under Fla. Stat. 397.403

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

S397.403 5 - FRAUD-FALSE STATEMENT - FALSE REP/OMISSION MATERIAL FACT ON LICENS APP - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 397.403

Total Results: 16

Philene Harte-Weiner-Toledo v. Daniel F. Toledo, Jr., etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

Snippet: Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) (“[A]n award of fees under

Torrance Rogers v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-13

Snippet: Co. v. Deni Assocs. of Fla., Inc., 678 So. 2d 397, 403 (Fla. 4th DCA 1996)); S. Bell Tel. & Tel

CITY OF MIAMI v. DAVID RIVERA

Court: District Court of Appeal of Florida | Date Filed: 2022-08-24

Snippet: See Martinez de Castro v. Stoddard, 314 So. 3d 397, 403 (Fla. 3d DCA 2020) (“Mayor Stoddard’s blog post

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

Court: District Court of Appeal of Florida | Date Filed: 2021-09-03

Snippet: Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) ("[A]n award of fees

SANS SOUCI GATED HOMEOWNERS ASSOCIATION, INC. v. OLEG LUKOV

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

Snippet: Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018); Kurgan v. Morton D. Weiner/AMPAC

ANDRES SUAREZ v. ELSA SUAREZ

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: substantial evidence. Hooker v. Hooker, 220 So. 3d 397, 403 (Fla. 2017). Finally, we review a trial court

JAMES S. LAVOLD, INC., etc. v. ORACLE ELEVATOR COMPANY, etc.

Court: District Court of Appeal of Florida | Date Filed: 2020-11-18

Snippet: Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) and cases cited therein (“The

Jackson v. Shakespeare Foundation, Inc.

Court: Supreme Court of Florida | Date Filed: 2013-01-31

Citation: 108 So. 3d 587, 38 Fla. L. Weekly Supp. 67, 2013 WL 362786, 2013 Fla. LEXIS 125

Snippet: Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 397-403, 406, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967) (holding

Scott v. State

Court: Supreme Court of Florida | Date Filed: 2011-06-30

Citation: 66 So. 3d 923, 36 Fla. L. Weekly Supp. 325, 2011 Fla. LEXIS 1524, 2011 WL 2566387

Snippet: circumstances); Lloyd v. State, 524 So.2d 396, 397, 403 (Fla.1988) (reversing death sentence for shooting

Harrington v. Citizens Property Insurance Corp.

Court: District Court of Appeal of Florida | Date Filed: 2010-12-15

Citation: 54 So. 3d 999, 2010 Fla. App. LEXIS 19116, 2010 WL 5093204

Snippet: Co. v. Deni Assocs. of Fla., Inc., 678 So.2d 397, 403 (Fla. 4th DCA 1996) (quoting State Farm Mut. Auto

Moody v. City of Key West

Court: District Court of Appeal of Florida | Date Filed: 2001-12-26

Citation: 805 So. 2d 1018, 2001 WL 1643906

Snippet: generally Board of County Comm'rs v. Brown, 520 U.S. 397, 403-04, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997); 2

KMart Corp. v. Cullen

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

Citation: 693 So. 2d 1038, 1997 Fla. App. LEXIS 5112, 1997 WL 244851

Snippet: (1902), approved in Tyson v. Bauland Co., 186 N.Y. 397, 403, 79 N.E. 3, 6 (1906)(“The possession of the stolen

Sammons v. Broward Bank

Court: District Court of Appeal of Florida | Date Filed: 1992-04-29

Citation: 599 So. 2d 1018, 1992 WL 83877

Snippet: Conover v. Northern States Power Co., 313 N.W.2d 397, 403 (Minn. 1981). However, even if R.J. Control Service

Perez v. State

Court: Supreme Court of Florida | Date Filed: 1988-12-01

Citation: 536 So. 2d 206, 1988 WL 128166

Snippet: (1985). Accord State v. Superior Court, 149 Ariz. 397, 403, 719 P.2d 283, 289 (Ct.App. 1986). The statute

Montgomery v. DEPT. OF HEALTH & REHAB. SERV.

Court: District Court of Appeal of Florida | Date Filed: 1985-04-15

Citation: 468 So. 2d 1014

Snippet: 429 U.S. 190, 192, 97 S.Ct. 451, 454, 50 L.Ed.2d 397, 403 (1976). Although the substantive issues remain

Peel v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-02-01

Citation: 150 So. 2d 281

Snippet: 486, 487; State v. McElroy, 71 R.I. 379, 46 A.2d 397, 403; State v. Thomas, 236 N.C. 196, 72 S.E.2d 525