CS for CS for SB 788 - Marketing Practices for Substance Abuse Services

• Authorizes the Office of Statewide Prosecution to investigate and prosecute patient brokering offenses occurring across two or more judicial circuits.

• Requires substance abuse service providers to ensure direct clinical treatment personnel are certified through a department-recognized process, with exemptions for physicians, physician assistants, nurses, and certain licensed professionals.

• Prohibits service providers, recovery residence operators, and marketing third parties from engaging in deceptive marketing practices including false statements, misleading website information, kickbacks, and undisclosed referral arrangements.

• Creates new felony offenses for fraudulent marketing of substance abuse services (third-degree felony under s. 817.0345) and enhances patient brokering penalties to second-degree felony for 10-19 patients and first-degree felony for 20+ patients, each with mandatory fines of $100,000-$500,000.

• Allows courts to approve disclosure of substance abuse treatment records during active criminal investigations without advance notice to the individual or interested parties, though they may later seek revocation or amendment of the order.