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Florida Senate
-
2026
SB 404
By
Senator Garcia
36-00615-26 2026404__
1 A bill to be entitled
2 An act relating to postsurgical recovery homes;
3 creating part XII of ch. 400, F.S., entitled
4 “Postsurgical Recovery Home Safety Act”; creating s.
5 400.9991, F.S.; providing a short title; creating s.
6 400.9992, F.S.; providing legislative findings and
7 intent; creating s. 400.9993, F.S.; defining terms;
8 creating s. 400.9994, F.S.; providing licensure
9 requirements to operate a postsurgical recovery home;
10 requiring inspections before issuing a license and
11 annually thereafter; creating s. 400.9995, F.S.;
12 providing minimum standards for staff and facilities;
13 creating s. 400.9996, F.S.; prohibiting operating or
14 advertising a postsurgical recovery home without a
15 license; prohibiting a postsurgical recovery home from
16 providing patient care without meeting certain
17 staffing requirements; creating s. 400.9997, F.S.;
18 providing penalties; creating s. 400.9998, F.S.;
19 requiring the Agency for Health Care Administration to
20 adopt rules; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1.
Part XII of chapter 400, Florida Statutes,
25
consisting of ss. 400.9991 through 400.9998, Florida Statutes,
26
is created and entitled “Postsurgical Recovery Home Safety Act.”
27 Section 2. Section 400.9991, Florida Statutes, is created
28 to read:
29
400.9991
Short title.—Sections 400.9991-400.9998 may be
30
cited as the “Postsurgical Recovery Home Safety Act.”
31 Section 3. Section 400.9992, Florida Statutes, is created
32 to read:
33
400.9992
Legislative findings and intent.—The Legislature
34
finds that unregulated facilities providing care to patients
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recovering from surgical or medical procedures present risks to
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patient safety, health, and well-being. It is the intent of the
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Legislature to establish clear standards, licensing
38
requirements, and oversight for such facilities to ensure the
39
safe recovery of patients and to prevent confusion with
40
addiction recovery residences.
41 Section 4. Section 400.9993, Florida Statutes, is created
42 to read:
43
400.9993
Definitions.—As used in this part, the term:
44
(1)
“Agency” means the Agency for Health Care
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Administration.
46
(2)
“Patient” means an individual admitted to a
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postsurgical recovery home following a medical or surgical
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procedure.
49
(3)
“Postsurgical recovery home” means a licensed
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residential facility providing short-term, nonacute care and
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support to patients recovering from surgical or medical
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procedures which is staffed with licensed health care
53
professionals.
54
(4)
“Recovery plan” means a written care plan developed in
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coordination with the patient’s surgeon or medical provider
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outlining necessary postoperative care.
57 Section 5. Section 400.9994, Florida Statutes, is created
58 to read:
59
400.9994
Licensure.—
60
(1)
A person or an entity must be licensed by the agency to
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operate a postsurgical recovery home.
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(2)
An applicant for licensure must submit all of the
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following:
64
(a)
Proof of compliance with all facility safety standards.
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(b)
Criminal background checks for all owners and staff.
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(c)
Proof of general liability and medical malpractice
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insurance.
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(3)
The agency shall inspect each postsurgical recovery
69
home before issuing a license and annually thereafter.
70 Section 6. Section 400.9995, Florida Statutes, is created
71 to read:
72
400.9995
Minimum standards for postsurgical recovery
73
homes.—
74
(1)(a)
At least one licensed practical nurse or registered
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nurse must be on site or on call 24 hours a day, 7 days a week.
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(b)
All staff must be trained in cardiopulmonary
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resuscitation, basic wound care, and postoperative care
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procedures.
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(2)
The ratio of staff to patients must be maintained as
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follows:
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(a)
Daytime: 1 to 8.
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(b)
Nighttime: 1 to 6.
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(3)
Facility safety standards must include all of the
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following:
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(a)
Patient rooms and bathrooms that comply with the
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Americans with Disabilities Act.
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(b)
Emergency power supply for critical equipment.
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(c)
Proper disposal of medical waste.
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(4)
Each facility must maintain:
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(a)
Written hurricane evacuation and disaster response
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plans.
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(b)
Contracts with nearby hospitals for emergency
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transfers.
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(5)
Each facility shall provide a patient, the patient’s
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family, or any other person acting on behalf of the patient
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with:
97
(a)
A written service agreement before admission.
98
(b)
Access to a copy of the recovery plan.
99
(c)
The visitor access policy to prevent isolation.
100 Section 7. Section 400.9996, Florida Statutes, is created
101 to read:
102
400.9996
Prohibited acts.—It is unlawful to:
103
(1)
Operate a postsurgical recovery home without a license.
104
(2)
Advertise a facility without a license as a
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postsurgical recovery home.
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(3)
Provide patient care in a postsurgical recovery home
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without adequately trained on-duty staff.
108 Section 8. Section 400.9997, Florida Statutes, is created
109 to read:
110
400.9997
Penalties.—
111
(1)
Any person or entity that violates this part is subject
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to:
113
(a)
A civil fine of up to $10,000 per violation.
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(b)
Immediate suspension or revocation of license.
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(2)
Any person or entity that operates a postsurgical
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recovery home without a license commits a felony of the third
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
118
775.084.
119 Section 9. Section 400.9998, Florida Statutes, is created
120 to read:
121
400.9998
Rulemaking.—The agency shall adopt necessary rules
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to implement this part, including, but not limited to, licensing
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application and renewal procedures, inspection protocols, and
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training standards for staff.
125 Section 10. This act shall take effect July 1, 2026.