Behavioral Health
Updated: September 2026
Most treatment providers meet their regulator on ordinary terms — an application, a renewal, a routine inspection. This page is about the other kind of contact. A deficiency that did not get corrected in time. A complaint from a former patient or a competitor. A referral arrangement that looked commercial and reads as something else. An investigator who has already spoken to staff before anyone calls a lawyer.
Lynne Legal represents substance abuse treatment providers in those matters. Led by Jeffrey Lynne, the firm handles regulatory defense, license discipline, and the civil and criminal exposure that behavioral health enforcement tends to carry alongside it.
Facing an inspection finding, a complaint or an investigation? Call Lynne Legal at (561) 791-4368 or request a consultation.
Substance use disorder providers are licensed by the Department of Children and Families under Chapters 394 and 397, Florida Statutes, with operating standards in Chapter 65D-30, Florida Administrative Code. Enforcement generally begins in one of a few ways:
The first response matters more than most operators expect. Statements made to an investigator, documents produced without review, and corrective action plans signed to make a problem go away all become part of a record that is difficult to revisit later.
Some behavioral health compliance issues in Florida can create criminal as well as administrative exposure. Two provisions are particularly important.
Referral to an uncertified recovery residence.
Under section 397.4873, Florida Statutes, a licensed provider may not refer a patient to a recovery residence that lacks certification or a certified administrator, and may never refer to one that permits alcohol, marijuana, illegal drugs or prescription misuse on its premises. A willful violation is a first-degree misdemeanor. Administrative fines run at $1,000 per occurrence, non-payment within 60 days suspends the license, and repeat violations can end it. “Referral” is broadly defined, reaching the act of informing a patient about a residence or placing them in affiliated housing.
Patient brokering.
The Florida Patient Brokering Act, section 817.505, prohibits offering, paying, soliciting or receiving any commission, benefit, bonus, rebate, kickback or bribe to induce referrals. It is charged by the number of patients involved:
| Patients involved | Offense | Maximum fine |
|---|---|---|
| Fewer than 10 | Third-degree felony | $50,000 |
| 10 to 19 | Second-degree felony | $100,000 |
| 20 or more | First-degree felony | $500,000 |
The Attorney General or a state attorney may also bring civil injunctive proceedings and recover costs and attorney’s fees. The statute does carve out lawful arrangements — compensation among members of a group practice, professional consultation fees, insurer reimbursement, contracted network payments, certain discounts, and nurse registry referral fees. Whether a particular marketing contract, call center arrangement or housing relationship falls inside those exceptions is the question the whole defense turns on, and it is answered on the documents.
If a referral or marketing arrangement is under scrutiny, consider speaking with counsel before giving a substantive explanation or producing records. Call Lynne Legal at (561) 791-4368 or request a consultation.
In July 2016 the State Attorney’s Office for the 15th Judicial Circuit formed a Sober Homes Task Force to address fraud and abuse in the drug treatment industry. By December 2017 it had made 41 arrests, most of them for patient brokering.
During the same period the Legislature enacted HB 807 (Chapter 2017-173), effective July 1, 2017. Among other changes, it authorized the Office of Statewide Prosecution to investigate and prosecute patient brokering, revised the recovery residence referral limits, prohibited certain marketing practices, and required DCF background screening of owners, directors, chief financial officers and clinical supervisors.
For a provider in Boca Raton or anywhere else in the county, that is practical context. Referral and marketing arrangements have been the subject of criminal arrests here, and more than one prosecuting office has jurisdiction over patient brokering.
Code enforcement runs on a separate track, and cities in the county decide code cases in materially different ways. Boca Raton uses a Special Magistrate who hears fire, building, zoning and sign matters. Delray Beach uses a seven-member citizen Code Enforcement Board. Jupiter runs a municipal citation system that allows immediate citations for specified code violations, while other violations receive a defined compliance period. The relevant city page sets out each process.
Lynne Legal is a boutique practice led by Jeffrey Lynne. In an enforcement matter the identity of the lawyer handling it is not a detail: the same person assesses the exposure, deals with the agency and appears at the hearing. The firm works from 301 Yamato Road, Suite 4120, Boca Raton, Florida 33431 and represents providers throughout Florida.
Talk with Lynne Legal about a treatment center enforcement, license or investigation matter. Call (561) 791-4368 or schedule a consultation.
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FAQs
Establish who speaks for the organization and make sure staff know to route inquiries there, preserve the relevant records, and get the scope of the inquiry in writing if possible. Informal explanations given before anyone understands the allegation are a frequent source of avoidable problems.
Yes. The Sober Homes Task Force formed by the State Attorney’s Office for the 15th Judicial Circuit in July 2016 had made 41 arrests by December 2017, mostly for patient brokering. HB 807 (Chapter 2017-173) later authorized the Office of Statewide Prosecution to prosecute the offense as well.
Not as a formality. A corrective action plan creates deadlines the provider will be held to, and its wording can affect how the underlying finding is treated on the administrative record. It may well be the right outcome, but it should be a considered decision.
Yes. A willful violation of the recovery residence referral prohibition is a first-degree misdemeanor, and patient brokering is charged as a felony scaling to the first degree where twenty or more patients are involved, with fines up to $500,000.
No. The Patient Brokering Act excludes several categories, including compensation among members of a group practice, professional consultation fees, insurer reimbursement, contracted network payments and nurse registry referral fees. Whether a specific arrangement fits is a documents question.
Alongside criminal charges, the Attorney General or a state attorney may seek civil injunctive relief and recover costs, including attorney’s fees.
Code enforcement addresses conditions on the property rather than the license, but a code matter can become the forum where objections to the use are aired. The record made in that hearing has a way of reappearing later, which is why it should be treated as substantive rather than administrative.
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Statutes, rules and agency procedures change; confirm current requirements with the licensing agency.
