After speaking with the Department of Agriculture and Consumer Services (DOACS), the new licensure application for a “Substance Abuse Marketing Service” is now being accepted.
It is available online from the Department of Agriculture and Consumer Services and can be found here.
As stated before, this governs anyone who is providing “substance abuse marketing services”.
DOACS is presently interpreting this to mean third-party providers who are actively engaged in marketing.
Passive platforms for which there are simply ad buys (such as a radio station itself) do not presently require licensure.
All of this is subject to change in the future as the Legislature further examines how this is rolled out; when DCF undertakes rulemaking in October; and as DOACS itself begins rulemaking for this new class of entity.
DOACS has also confirmed that any nexus with the State of Florida will require licensure, meaning if you are a: (1) marketer physically located in Florida; (2) marketer advertising for treatment and/or housing providers located in Florida; or (3) marketer actively advertising to Florida residents, you are subject to licensure.
Notwithstanding, all parties (providers; residences; marketers) are still subject to the new criminal penalties under new ss. 397.55 and 817.0345, Fla. Stat., for misrepresentation as to location, services, etc., whether required to be licensed by DOACS or not.
Again, DOACS is now accepting applications at the present time and there are criminal penalties for marketing without appropriate licensure.
Please consult your own legal counsel for more information.
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