§ 397.301 Short title
§ 397.305 Legislative findings, intent, and purpose
§ 397.311 Definitions
§ 397.321 Duties of the department
§ 397.333 Statewide Drug Policy Advisory Council
§ 397.334 Treatment-based drug court programs
§ 397.335 Statewide Council on Opioid Abatement
§ 397.341 Transportation of individuals by law enforcement officers

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Terms Used In Florida Statutes > Chapter 397 > Part I - General Provisions

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Beyond the safe management capabilities of the service provider: refers to an individual who is in need of:
    (a) Supervision;
    (b) Medical care; or
    (c) Services,

    beyond that which the service provider or service component can deliver. See Florida Statutes 397.311

  • Certificate of compliance: means a certificate that is issued by a credentialing entity to a recovery residence or a recovery residence administrator. See Florida Statutes 397.311
  • Certified recovery residence: means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. See Florida Statutes 397.311
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clinical treatment: means a professionally directed, deliberate, and planned regimen of services and interventions that are designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle. See Florida Statutes 397.311
  • clinical treatment services: include , but are not limited to, the following licensable service components:
  • component: means a discrete operational entity within a service provider which is subject to licensing as defined by rule. See Florida Statutes 397.311
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
  • Credentialing entity: means a nonprofit organization that develops and administers professional, facility, or organization certification programs according to applicable nationally recognized certification or psychometric standards. See Florida Statutes 397.311
  • Day or night treatment: is a service provided in a nonresidential environment, with a structured schedule of treatment and rehabilitative services. See Florida Statutes 397.311
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Children and Families. See Florida Statutes 397.311
  • Dependent: A person dependent for support upon another.
  • Detoxification: is a service involving subacute care that is provided on an inpatient or an outpatient basis to assist individuals to withdraw from the physiological and psychological effects of substance abuse and who meet the placement criteria for this component. See Florida Statutes 397.311
  • Director: means the chief administrative or executive officer of a service provider or recovery residence. See Florida Statutes 397.311
  • disclosure: means a communication of identifying information, the affirmative verification of another person's communication of identifying information, or the communication of any information regarding an individual who has received services. See Florida Statutes 397.311
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • evaluation: means a systematic measurement of a service provider's achievement of desired individual or service outcomes. See Florida Statutes 397.311
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • For profit: means registered as for profit by the Secretary of State and recognized by the Internal Revenue Service as a for-profit entity. See Florida Statutes 397.311
  • Fraud: Intentional deception resulting in injury to another.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hospital: means a hospital or hospital-based component licensed under chapter 395. See Florida Statutes 397.311
  • Identifying information: means the name, address, social security number, fingerprints, photograph, and similar information by which the identity of an individual can be determined with reasonable accuracy directly or by reference to other publicly available information. See Florida Statutes 397.311
  • Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
  • Intensive inpatient treatment: includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours per day, 7 days per week, in a highly structured, live-in environment. See Florida Statutes 397.311
  • Intervention: means structured services directed toward individuals or groups at risk of substance abuse and focused on reducing or impeding those factors associated with the onset or the early stages of substance abuse and related problems. See Florida Statutes 397.311
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Law enforcement officer: means a law enforcement officer as defined in…. See Florida Statutes 397.311
  • Licensed service provider: means a public agency under this chapter, a private for-profit or not-for-profit agency under this chapter, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. See Florida Statutes 397.311
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Medical monitoring: means oversight and treatment, 24 hours per day by medical personnel who are licensed under chapter 458, chapter 459, or chapter 464, of individuals whose subacute problems are so severe that the individuals require intensive inpatient treatment by an interdisciplinary team. See Florida Statutes 397.311
  • Not for profit: means registered as not for profit by the Secretary of State and recognized by the Internal Revenue Service as a not-for-profit entity. See Florida Statutes 397.311
  • Outpatient treatment: is a service that provides individual, group, or family counseling by appointment during scheduled operating hours for individuals who meet the placement criteria for this component. See Florida Statutes 397.311
  • Oversight: Committee review of the activities of a Federal agency or program.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
  • Physician: means a person licensed under chapter 458 to practice medicine or licensed under chapter 459 to practice osteopathic medicine, and may include, if the context so indicates, an intern or resident enrolled in an intern or resident training program affiliated with an approved medical school, hospital, or other facility through which training programs are normally conducted. See Florida Statutes 397.311
  • Physician assistant: means a person licensed under chapter 458 or chapter 459 to practice medicine under the supervision of a physician or psychiatrist whose specialty includes substance abuse treatment. See Florida Statutes 397.311
  • Prevention: means a process involving strategies that are aimed at the individual, family, community, or substance and that preclude, forestall, or impede the development of substance use problems and promote responsible lifestyles. See Florida Statutes 397.311
  • Private practitioner: means a physician or a physician assistant licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491. See Florida Statutes 397.311
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor's degree. See Florida Statutes 397.311
  • Quality improvement: means a systematic and organized approach to monitor and continuously improve the quality of services in order to maintain, restore, or improve outcomes in individuals and populations throughout a system of care. See Florida Statutes 397.311
  • Quorum: The number of legislators that must be present to do business.
  • Recovery: means a process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. See Florida Statutes 397.311
  • Recovery residence: means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment. See Florida Statutes 397.311
  • Recovery residence administrator: means the person responsible for overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. See Florida Statutes 397.311
  • Recovery support: means services designed to strengthen or assist individuals to regain skills, develop the environmental supports necessary to help the individual thrive in the community, and meet life goals that promote recovery from alcohol and drug use. See Florida Statutes 397.311
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residential treatment: is a service provided in a structured live-in environment within a nonhospital setting on a 24-hours-per-day, 7-days-per-week basis, and is intended for individuals who meet the placement criteria for this component. See Florida Statutes 397.311
  • Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
  • secure facility: includes addictions receiving facilities and facilities authorized by local ordinance for the treatment of habitual abusers. See Florida Statutes 397.311
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Stabilization: means :
    (a) Alleviation of a crisis condition; or
    (b) Prevention of further deterioration,

    and connotes short-term emergency treatment. See Florida Statutes 397.311

  • Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. See Florida Statutes 397.311
  • substance abuse impaired: means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. See Florida Statutes 397.311
  • Substate entity: means a departmental office designated to serve a geographical area specified by the department. See Florida Statutes 397.311
  • System of care: means a coordinated continuum of community-based services and supports that are organized to meet the challenges and needs of individuals who are at risk of developing substance abuse problems or individuals who have substance abuse problems. See Florida Statutes 397.311
  • Treatment plan: means an immediate and a long-range plan based upon an individual's assessed needs and used to address and monitor an individual's recovery from substance abuse. See Florida Statutes 397.311
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01