Florida Senate - 2016                       CS for CS for SB 918
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senator Richter
       
       576-04213-16                                           2016918c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 215.5602, F.S.; revising the reporting requirements
    4         for the Biomedical Research Advisory Council under the
    5         James and Esther King Biomedical Research Program;
    6         revising the reporting requirements for entities that
    7         perform or are associated with cancer research or care
    8         and that receive a specific appropriation; amending s.
    9         381.0034, F.S.; revising the requirements for certain
   10         license applications; amending s. 381.82, F.S.;
   11         revising the reporting requirements for the
   12         Alzheimer’s Disease Research Grant Advisory Board
   13         under the Ed and Ethel Moore Alzheimer’s Disease
   14         Research Program; providing for the carryforward of
   15         any unexpended balance of an appropriation for the Ed
   16         and Ethel Moore Alzheimer’s Disease Research Program;
   17         amending s. 381.922, F.S.; requiring the Biomedical
   18         Research Advisory Council under the William G. “Bill”
   19         Bankhead, Jr., and David Coley Cancer Research Program
   20         to submit a report to the Legislature; providing
   21         reporting requirements; amending s. 384.23, F.S.;
   22         requiring the department to designate by rule sexually
   23         transmissible diseases; deleting references to
   24         specific diseases that may be considered sexually
   25         transmissible diseases; amending s. 384.27, F.S.;
   26         authorizing certain health care practitioners to
   27         provide expedited partner therapy under certain
   28         circumstances; authorizing licensed pharmacists to
   29         dispense medication to a person diagnosed with a
   30         sexually transmissible disease under a prescription
   31         written for his or her partner, regardless of whether
   32         the person for whom the prescription was written has
   33         been physically examined by the prescribing
   34         practitioner; requiring that a pharmacist or a health
   35         care practitioner check for allergies before
   36         dispensing a prescription or providing medication;
   37         authorizing the department to adopt rules; amending s.
   38         401.27, F.S.; increasing the length of time a
   39         certificate may remain in an inactive status;
   40         clarifying the process for reactivating and renewing a
   41         certificate in an inactive status; authorizing
   42         emergency medical technicians or paramedics that are
   43         trained in the military to apply for certification;
   44         deleting a requirement that emergency medical
   45         technicians or paramedics who are trained outside the
   46         state or are trained in the military successfully
   47         complete a certification examination; amending s.
   48         456.013, F.S.; revising course requirements for
   49         obtaining a certain license; amending s. 456.024,
   50         F.S.; revising the eligibility criteria for certain
   51         members of the Armed Forces of the United States and
   52         their spouses to obtain licensure to practice as a
   53         health care practitioner in this state; authorizing
   54         the spouse of an active duty military member to be
   55         licensed as a health care practitioner in this state
   56         if he or she meets specified criteria; creating s.
   57         456.0241, F.S.; establishing a temporary certificate
   58         for active duty health care practitioners; defining
   59         terms; authorizing the department to issue a temporary
   60         certificate to active duty military health care
   61         practitioners to allow them to practice in specified
   62         professions; providing eligibility requirements;
   63         requiring the department to verify information
   64         submitted in support of establishing eligibility;
   65         providing for the automatic expiration of the
   66         temporary certificate within a specified time frame;
   67         providing for renewal of the temporary certificate if
   68         certain conditions are met; providing an exemption
   69         from specified requirements to military practitioners
   70         who apply for a temporary certificate; providing
   71         circumstances under which an applicant is ineligible
   72         to receive a temporary certificate; requiring the
   73         department to adopt by rule application and renewal
   74         fees, which may not exceed a specified amount;
   75         requiring the department to adopt necessary rules;
   76         amending s. 456.025, F.S.; deleting the requirement
   77         for an annual meeting of chairpersons of Division of
   78         Medical Quality Assurance boards and councils;
   79         deleting the requirement that certain recommendations
   80         be included in a report to the Legislature; deleting a
   81         requirement that the Department of Health set license
   82         fees and recommend fee cap increases in certain
   83         circumstances; providing that a profession may operate
   84         at a deficit for a certain time period; deleting a
   85         provision authorizing the department to advance funds
   86         under certain circumstances; deleting a requirement
   87         that the department implement an electronic continuing
   88         education tracking system; authorizing the department
   89         to waive specified costs under certain circumstances;
   90         revising legislative intent; deleting a prohibition
   91         against the expenditure of funds by the department
   92         from the account of a profession to pay for the
   93         expenses of another profession; deleting a requirement
   94         that the department include certain information in an
   95         annual report to the Legislature; amending s. 456.031,
   96         F.S.; providing that certain licensing boards must
   97         require specified licensees to complete a specified
   98         continuing education course that includes a section on
   99         human trafficking as a condition of relicensure or
  100         recertification; providing requirements and procedures
  101         related to the course; creating s. 456.0361, F.S.;
  102         requiring the department to establish an electronic
  103         continuing education tracking system; prohibiting the
  104         department from renewing a license unless the licensee
  105         has complied with all continuing education
  106         requirements; authorizing the department to adopt
  107         rules; amending s. 456.057, F.S.; revising a provision
  108         for a person or an entity appointed by the board to be
  109         approved by the department; authorizing the department
  110         to contract with a third party to provide record
  111         custodian services; amending s. 456.0635, F.S.;
  112         deleting a provision on applicability relating to the
  113         issuance of licenses; amending s. 457.107, F.S.;
  114         deleting a provision authorizing the Board of
  115         Acupuncture to request certain documentation from
  116         applicants; amending ss. 458.347 and 459.022, F.S.;
  117         deleting a requirement that a physician assistant file
  118         a signed affidavit with the department; making
  119         technical changes; amending s. 460.402, F.S.;
  120         providing an additional exception to licensure
  121         requirements for chiropractic physicians; amending s.
  122         463.007, F.S.; making technical changes; amending s.
  123         464.203, F.S.; revising inservice training
  124         requirements for certified nursing assistants;
  125         deleting a rulemaking requirement; repealing s.
  126         464.2085, F.S., relating to the Council on Certified
  127         Nursing Assistants; amending s. 465.0276, F.S.;
  128         deleting a requirement that the department inspect
  129         certain facilities; amending s. 466.0135, F.S.;
  130         deleting a requirement that a dentist file a signed
  131         affidavit with the department; deleting a provision
  132         authorizing the Board of Dentistry to request certain
  133         documentation from applicants; amending s. 466.014,
  134         F.S.; deleting a requirement that a dental hygienist
  135         file a signed affidavit with the department; deleting
  136         a provision authorizing the board to request certain
  137         documentation from applicants; amending s. 466.032,
  138         F.S.; deleting a requirement that a dental laboratory
  139         file a signed affidavit with the department; deleting
  140         a provision authorizing the department to request
  141         certain documentation from applicants; repealing s.
  142         468.1201, F.S., relating to a requirement for
  143         instruction on human immunodeficiency virus and
  144         acquired immune deficiency syndrome; amending s.
  145         483.901, F.S.; deleting provisions relating to the
  146         Advisory Council of Medical Physicists in the
  147         department; authorizing the department to issue
  148         temporary licenses in certain circumstances;
  149         authorizing the department to adopt rules; amending s.
  150         484.047, F.S.; deleting a requirement for a written
  151         statement from an applicant in certain circumstances;
  152         amending s. 486.102, F.S.; deleting references to
  153         specific accrediting agencies; amending s. 486.109,
  154         F.S.; deleting a provision authorizing the department
  155         to conduct a random audit for certain information;
  156         amending ss. 499.028 and 921.0022, F.S.; conforming
  157         cross-references; providing effective dates.
  158          
  159  Be It Enacted by the Legislature of the State of Florida:
  160  
  161         Section 1. Subsections (10) and (12) of section 215.5602,
  162  Florida Statutes, are amended to read:
  163         215.5602 James and Esther King Biomedical Research
  164  Program.—
  165         (10) The council shall submit a fiscal-year progress report
  166  on the programs under its purview to the Governor, the State
  167  Surgeon General, the President of the Senate, and the Speaker of
  168  the House of Representatives by December 15. The report must
  169  include:
  170         (a) For each A list of research project projects supported
  171  by grants or fellowships awarded under the program:.
  172         1.(b) A summary list of the research project and results or
  173  expected results of the research recipients of program grants or
  174  fellowships.
  175         2.(c) The status of the research project, including whether
  176  it has concluded or the estimated date of completion.
  177         3. The amount of the grant or fellowship awarded and the
  178  estimated or actual cost of the research project.
  179         4. A list of the principal investigators on the research
  180  project.
  181         5. The title, citation, and summary of findings of a
  182  publication publications in a peer-reviewed journal resulting
  183  from the peer reviewed journals involving research supported by
  184  grants or fellowships awarded under the program.
  185         6.(d) The source and amount of any federal, state, or local
  186  government grants or donations or private grants or donations
  187  generated as a result of the research project.
  188         7. The status of a patent, if any, generated from the
  189  research project and an economic analysis of the impact of the
  190  resulting patent.
  191         8. A list of the postsecondary educational institutions
  192  involved in the research project, a description of each
  193  postsecondary educational institution’s involvement in the
  194  research project, and the number of students receiving training
  195  or performing research in the research project.
  196         (b) The state ranking and total amount of biomedical
  197  research funding currently flowing into the state from the
  198  National Institutes of Health.
  199         (e) New grants for biomedical research which were funded
  200  based on research supported by grants or fellowships awarded
  201  under the program.
  202         (c)(f) Progress towards programmatic goals, particularly in
  203  the prevention, diagnosis, treatment, and cure of diseases
  204  related to tobacco use, including cancer, cardiovascular
  205  disease, stroke, and pulmonary disease.
  206         (d)(g) Recommendations to further the mission of the
  207  programs.
  208         (12)(a) Beginning in the 2011-2012 fiscal year and
  209  thereafter, $25 million from the revenue deposited into the
  210  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  211  shall be reserved for research of tobacco-related or cancer
  212  related illnesses. Of the revenue deposited in the Health Care
  213  Trust Fund pursuant to this section, $25 million shall be
  214  transferred to the Biomedical Research Trust Fund within the
  215  Department of Health. Subject to annual appropriations in the
  216  General Appropriations Act, $5 million shall be appropriated to
  217  the James and Esther King Biomedical Research Program, $5
  218  million shall be appropriated to the William G. “Bill” Bankhead,
  219  Jr., and David Coley Cancer Research Program created under s.
  220  381.922.
  221         (b) Beginning July 1, 2014, an entity that which performs
  222  or is associated with cancer research or care and that receives
  223  a specific appropriation for biomedical research, research
  224  related functions, operations or other supportive functions, or
  225  expansion of operations in the General Appropriations Act
  226  without statutory reporting requirements for the receipt of
  227  those funds, must submit an annual fiscal-year progress report
  228  to the President of the Senate and the Speaker of the House of
  229  Representatives by December 15. The report must:
  230         1. Describe the general use of the funds.
  231         2. Summarize Specify the research, if any, funded by the
  232  appropriation, and provide:
  233         a. The status of the research, including whether the
  234  research has concluded.
  235         b. The results or expected results of the research.
  236         c. The names of the principal investigators performing the
  237  research.
  238         d. The title, citation, and summary of findings of a
  239  publication in a peer-reviewed journal resulting from the
  240  research.
  241         e. The status of a patent, if any, generated from the
  242  research and an economic analysis of the impact of the resulting
  243  patent.
  244         f. The list of the postsecondary educational institutions
  245  involved in the research, a description of each postsecondary
  246  educational institution’s involvement in the research, and the
  247  number of students receiving training or performing research.
  248         3. Describe any fixed capital outlay project funded by the
  249  appropriation, the need for the project, how the project will be
  250  utilized, and the timeline for and status of the project, if
  251  applicable.
  252         4. Identify any federal, state, or local government grants
  253  or donations or private grants or donations generated as a
  254  result of the appropriation or activities funded by the
  255  appropriation, if applicable and traceable.
  256         Section 2. Subsection (3) of section 381.0034, Florida
  257  Statutes, is amended to read:
  258         381.0034 Requirement for instruction on HIV and AIDS.—
  259         (3) The department shall require, as a condition of
  260  granting a license under chapter 467 or part III of chapter 483
  261  the chapters specified in subsection (1), that an applicant
  262  making initial application for licensure complete an educational
  263  course acceptable to the department on human immunodeficiency
  264  virus and acquired immune deficiency syndrome. Upon submission
  265  of an affidavit showing good cause, an applicant who has not
  266  taken a course at the time of licensure must shall, upon an
  267  affidavit showing good cause, be allowed 6 months to complete
  268  this requirement.
  269         Section 3. Subsection (4) of section 381.82, Florida
  270  Statutes, is amended and subsection (8) is added to that
  271  section, to read:
  272         381.82 Ed and Ethel Moore Alzheimer’s Disease Research
  273  Program.—
  274         (4) The board shall submit a fiscal-year progress report on
  275  the programs under its purview annually to the Governor, the
  276  President of the Senate, the Speaker of the House of
  277  Representatives, and the State Surgeon General by February 15.
  278  The report must include:
  279         (a) For each A list of research project projects supported
  280  by grants or fellowships awarded under the program:.
  281         1.(b) A summary list of the research project and results or
  282  expected results of the research recipients of program grants or
  283  fellowships.
  284         2.(c) The status of the research project, including whether
  285  it has concluded or the estimated date of completion.
  286         3. The amount of the grant or fellowship awarded and the
  287  estimated or actual cost of the research project.
  288         4. A list of the principal investigators on the research
  289  project.
  290         5. The title, citation, and summary of findings of a
  291  publication publications in a peer-reviewed journal resulting
  292  from the journals involving research supported by grants or
  293  fellowships awarded under the program.
  294         6.(d) The source and amount of any federal, state, or local
  295  government grants or donations or private grants or donations
  296  generated as a result of the research project.
  297         7. The status of a patent, if any, generated from the
  298  research project and an economic analysis of the impact of the
  299  resulting patent.
  300         8. A list of postsecondary educational institutions
  301  involved in the research project, a description of each
  302  postsecondary educational institution’s involvement in the
  303  research project, and the number of students receiving training
  304  or performing research under the research project.
  305         (b) The state ranking and total amount of Alzheimer’s
  306  disease research funding currently flowing into the state from
  307  the National Institutes of Health.
  308         (e) New grants for Alzheimer’s disease research which were
  309  funded based on research supported by grants or fellowships
  310  awarded under the program.
  311         (c)(f) Progress toward programmatic goals, particularly in
  312  the prevention, diagnosis, treatment, and cure of Alzheimer’s
  313  disease.
  314         (d)(g) Recommendations to further the mission of the
  315  program.
  316         (8) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  317  the balance of any appropriation from the General Revenue Fund
  318  for the Ed and Ethel Moore Alzheimer’s Disease Research Program
  319  which is not disbursed but which is obligated pursuant to
  320  contract or committed to be expended by June 30 of the fiscal
  321  year in which the funds are appropriated may be carried forward
  322  for up to 5 years after the effective date of the original
  323  appropriation.
  324         Section 4. Subsection (6) is added to section 381.922,
  325  Florida Statutes, to read:
  326         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  327  Cancer Research Program.—
  328         (6) The Biomedical Research Advisory Council shall submit a
  329  report relating to grants awarded under the program to the
  330  Governor, the President of the Senate, and the Speaker of the
  331  House of Representatives by December 15 each year. The report
  332  must include:
  333         (a) For each research project supported by grants awarded
  334  under the program:
  335         1. A summary of the research project and results or
  336  expected results of the research.
  337         2. The status of the research project, including whether it
  338  has concluded or the estimated date of completion.
  339         3. The amount of the grant awarded and the estimated or
  340  actual cost of the research project.
  341         4. A list of the principal investigators on the research
  342  project.
  343         5. The title, citation, and summary of findings of a
  344  publication in a peer-reviewed journal resulting from the
  345  research.
  346         6. The source and amount of any federal, state, or local
  347  government grants or donations or private grants or donations
  348  generated as a result of the research project.
  349         7. The status of a patent, if any, generated from the
  350  research project and an economic analysis of the impact of the
  351  resulting patent.
  352         8. A list of the postsecondary educational institutions
  353  involved in the research project, a description of each
  354  postsecondary educational institution’s involvement in the
  355  research project, and the number of students receiving training
  356  or performing research in the research project.
  357         (b) The state ranking and total amount of cancer research
  358  funding currently flowing into the state from the National
  359  Institutes of Health.
  360         (c) Progress toward programmatic goals, particularly in the
  361  prevention, diagnosis, treatment, and cure of cancer.
  362         (d) Recommendations to further the mission of the program.
  363         Section 5. Subsection (3) of section 384.23, Florida
  364  Statutes, is amended to read:
  365         384.23 Definitions.—
  366         (3) “Sexually transmissible disease” means a bacterial,
  367  viral, fungal, or parasitic disease, determined by rule of the
  368  department to be sexually transmissible, to be a threat to the
  369  public health and welfare, and to be a disease for which a
  370  legitimate public interest will be served by providing for
  371  prevention, elimination, control, regulation and treatment. The
  372  department must, by rule, determine In considering which
  373  diseases are to be designated as sexually transmissible
  374  diseases, the department shall consider such diseases as
  375  chancroid, gonorrhea, granuloma inguinale, lymphogranuloma
  376  venereum, genital herpes simplex, chlamydia, nongonococcal
  377  urethritis (NGU), pelvic inflammatory disease (PID)/acute
  378  salpingitis, syphilis, and human immune deficiency virus
  379  infection for designation, and shall consider the
  380  recommendations and classifications of the Centers for Disease
  381  Control and Prevention centers for disease control and other
  382  nationally recognized medical authorities in making that
  383  determination. Not all diseases that are sexually transmissible
  384  need be designated for the purposes of this act.
  385         Section 6. Subsection (7) is added to section 384.27,
  386  Florida Statutes, to read:
  387         384.27 Physical examination and treatment.—
  388         (7)(a) A health care practitioner licensed under chapter
  389  458 or chapter 459 or certified under s. 464.012 may provide
  390  expedited partner therapy if the following requirements are met:
  391         1. The patient has a laboratory-confirmed or suspected
  392  clinical diagnosis of a sexually transmissible disease;
  393         2. The patient indicates that he or she has a partner with
  394  whom the patient has engaged in sexual activity before the
  395  diagnosis of the sexually transmissible disease; and
  396         3. The patient indicates that his or her partner is unable
  397  or unlikely to seek clinical services in a timely manner.
  398         (b) A pharmacist licensed under chapter 465 may dispense
  399  medication for a person diagnosed with a sexually transmissible
  400  disease pursuant to a prescription to treat that person’s
  401  partner, regardless of whether the person’s partner has been
  402  personally examined by the prescribing health care practitioner.
  403         (c) A pharmacist or health care practitioner must check for
  404  potential allergic reactions, in accordance with the prevailing
  405  professional standard of care, before dispensing a prescription
  406  or providing a medication.
  407         (d) The department may adopt rules to implement this
  408  subsection.
  409         Section 7. Subsections (8) and (12) of section 401.27,
  410  Florida Statutes, are amended to read:
  411         401.27 Personnel; standards and certification.—
  412         (8) Each emergency medical technician certificate and each
  413  paramedic certificate will expire automatically and may be
  414  renewed if the holder meets the qualifications for renewal as
  415  established by the department. A certificate that is not renewed
  416  at the end of the 2-year period will automatically revert to an
  417  inactive status for a period not to exceed two renewal periods
  418  180 days. Such certificate may be reactivated and renewed within
  419  the two renewal periods 180 days if the certificateholder meets
  420  all other qualifications for renewal, including continuing
  421  education requirements, and pays a $25 late fee. The
  422  certificateholder also must pass the certification examination
  423  to reactivate the certificate during the second of the two
  424  renewal periods. Reactivation shall be in a manner and on forms
  425  prescribed by department rule.
  426         (12) An applicant for certification as an emergency medical
  427  technician or paramedic who is trained outside the state or
  428  trained in the military must provide proof of current emergency
  429  medical technician or paramedic certification or registration
  430  that is considered by the department to be nationally
  431  recognized, successfully complete based upon successful
  432  completion of a training program approved by the department as
  433  equivalent to the most recent EMT-Basic or EMT-Paramedic
  434  National Standard Curriculum or the National EMS Education
  435  Standards of the United States Department of Transportation, and
  436  hold a current certificate of successful course completion in
  437  cardiopulmonary resuscitation (CPR) or advanced cardiac life
  438  support for emergency medical technicians or paramedics,
  439  respectively, to be eligible for the certification examination.
  440  The applicant must successfully complete the certification
  441  examination within 2 years after the date of the receipt of his
  442  or her application by the department. After 2 years, the
  443  applicant must submit a new application, meet all eligibility
  444  requirements, and submit all fees to reestablish eligibility to
  445  take the certification examination.
  446         Section 8. Subsection (7) of section 456.013, Florida
  447  Statutes, is amended to read:
  448         456.013 Department; general licensing provisions.—
  449         (7) The boards, or the department when there is no board,
  450  shall require the completion of a 2-hour course relating to
  451  prevention of medical errors as part of the biennial licensure
  452  and renewal process. The 2-hour course counts toward shall count
  453  towards the total number of continuing education hours required
  454  for the profession. The course must shall be approved by the
  455  board or department, as appropriate, and must shall include a
  456  study of root-cause analysis, error reduction and prevention,
  457  and patient safety. In addition, the course approved by the
  458  Board of Medicine and the Board of Osteopathic Medicine must
  459  shall include information relating to the five most misdiagnosed
  460  conditions during the previous biennium, as determined by the
  461  board. If the course is being offered by a facility licensed
  462  pursuant to chapter 395 for its employees, the board may approve
  463  up to 1 hour of the 2-hour course to be specifically related to
  464  error reduction and prevention methods used in that facility.
  465         Section 9. Subsection (3) of section 456.024, Florida
  466  Statutes, is amended to read:
  467         456.024 Members of Armed Forces in good standing with
  468  administrative boards or the department; spouses; licensure.—
  469         (3)(a) A person is eligible for licensure as a health care
  470  practitioner in this state if he or she:
  471         1. who Serves or has served as a health care practitioner
  472  in the United States Armed Forces, the United States Reserve
  473  Forces, or the National Guard;
  474         2. or a person who Serves or has served on active duty with
  475  the United States Armed Forces as a health care practitioner in
  476  the United States Public Health Service; or
  477         3. Is a health care practitioner, other than a dentist, in
  478  another state, the District of Columbia, or a possession or
  479  territory of the United States and is the spouse of a person
  480  serving on active duty with the United States Armed Forces is
  481  eligible for licensure in this state.
  482  
  483  The department shall develop an application form, and each
  484  board, or the department if there is no board, shall waive the
  485  application fee, licensure fee, and unlicensed activity fee for
  486  such applicants. For purposes of this subsection, “health care
  487  practitioner” means a health care practitioner as defined in s.
  488  456.001 and a person licensed under part III of chapter 401 or
  489  part IV of chapter 468.
  490         (b)(a) The board, or the department if there is no board,
  491  shall issue a license to practice in this state to a person who:
  492         1. Submits a complete application.
  493         2. If he or she is member of the United States Armed
  494  Forces, the United States Reserve Forces, or the National Guard,
  495  submits proof that he or she has received Receives an honorable
  496  discharge within 6 months before, or will receive an honorable
  497  discharge within 6 months after, the date of submission of the
  498  application.
  499         3.a. Holds an active, unencumbered license issued by
  500  another state, the District of Columbia, or a possession or
  501  territory of the United States and who has not had disciplinary
  502  action taken against him or her in the 5 years preceding the
  503  date of submission of the application;
  504         b. Is a military health care practitioner in a profession
  505  for which licensure in a state or jurisdiction is not required
  506  to practice in the United States Armed Forces, if he or she
  507  submits to the department evidence of military training or
  508  experience substantially equivalent to the requirements for
  509  licensure in this state in that profession and evidence that he
  510  or she has obtained a passing score on the appropriate
  511  examination of a national or regional standards organization if
  512  required for licensure in this state; or
  513         c. Is the spouse of a person serving on active duty in the
  514  United States Armed Forces and is a health care practitioner in
  515  a profession, excluding dentistry, for which licensure in
  516  another state or jurisdiction is not required, if he or she
  517  submits to the department evidence of training or experience
  518  substantially equivalent to the requirements for licensure in
  519  this state in that profession and evidence that he or she has
  520  obtained a passing score on the appropriate examination of a
  521  national or regional standards organization if required for
  522  licensure in this state.
  523         4. Attests that he or she is not, at the time of submission
  524  of the application, the subject of a disciplinary proceeding in
  525  a jurisdiction in which he or she holds a license or by the
  526  United States Department of Defense for reasons related to the
  527  practice of the profession for which he or she is applying.
  528         5. Actively practiced the profession for which he or she is
  529  applying for the 3 years preceding the date of submission of the
  530  application.
  531         6. Submits a set of fingerprints for a background screening
  532  pursuant to s. 456.0135, if required for the profession for
  533  which he or she is applying.
  534  
  535  The department shall verify information submitted by the
  536  applicant under this subsection using the National Practitioner
  537  Data Bank.
  538         (c)(b) Each applicant who meets the requirements of this
  539  subsection shall be licensed with all rights and
  540  responsibilities as defined by law. The applicable board, or the
  541  department if there is no board, may deny an application if the
  542  applicant has been convicted of or pled guilty or nolo
  543  contendere to, regardless of adjudication, any felony or
  544  misdemeanor related to the practice of a health care profession
  545  regulated by this state.
  546         (d)(c) An applicant for initial licensure under this
  547  subsection must submit the information required by ss.
  548  456.039(1) and 456.0391(1) no later than 1 year after the
  549  license is issued.
  550         Section 10. Section 456.0241, Florida Statutes, is created
  551  to read:
  552         456.0241 Temporary certificate for active duty military
  553  health care practitioners.—
  554         (1) As used in this section, the term:
  555         (a) “Military health care practitioner” means a person who
  556  is practicing as a health care practitioner as that term is
  557  defined in s. 456.001, is licensed under part III of chapter
  558  401, or is licensed under part IV of chapter 468 and is serving
  559  on active duty in the United States Armed Forces, the United
  560  States Reserve Forces, or the National Guard, or is serving on
  561  active duty in the United States Armed Forces and in the United
  562  States Public Health Service.
  563         (b) “Military platform” means a military training agreement
  564  with a nonmilitary health care provider which is designed to
  565  develop and support medical, surgical, or other health care
  566  treatment opportunities in the nonmilitary health care provider
  567  setting so that military health care practitioners may develop
  568  and maintain technical proficiency to meet the present and
  569  future health care needs of the United States Armed Forces. Such
  570  agreements may include training affiliation agreements and
  571  external resource sharing agreements.
  572         (2) The department may issue a temporary certificate to an
  573  active duty military health care practitioner to practice in a
  574  regulated profession, as that term is defined in s. 456.001, if
  575  the applicant meets all of the following requirements:
  576         (a) Submits proof that he or she will be practicing
  577  pursuant to a military platform.
  578         (b) Submits a complete application and a nonrefundable
  579  application fee.
  580         (c) Holds a valid and unencumbered license to practice as a
  581  health care professional in another state, the District of
  582  Columbia, or a possession or territory of the United States or
  583  is a military health care practitioner in a profession for which
  584  licensure in a state or jurisdiction is not required for
  585  practice in the United States Armed Services and who provides
  586  evidence of military training and experience substantially
  587  equivalent to the requirements for licensure in this state to
  588  practice in that profession.
  589         (d) Attests that he or she is not, at the time of
  590  application, the subject of a disciplinary proceeding in a
  591  jurisdiction in which he or she holds a license or by the United
  592  States Department of Defense for reasons related to the practice
  593  of the profession for which he or she is applying for a
  594  temporary certificate.
  595         (e) Has been determined to be competent in the profession
  596  for which he or she is applying for a temporary certificate.
  597         (f) Submits a set of fingerprints for a background
  598  screening pursuant to s. 456.0135, if required by the profession
  599  for which he or she is applying for a temporary certificate.
  600  
  601  The department shall verify information submitted by the
  602  applicant under this subsection using the National Practitioner
  603  Data Bank.
  604         (3) A temporary certificate issued under this section
  605  expires 6 months after issuance but may be renewed upon proof of
  606  continuing orders in this state and evidence that the military
  607  health care practitioner continues to be a military platform
  608  participant.
  609         (4) A military health care practitioner applying under this
  610  section is exempt from the requirements of ss. 456.039-456.046.
  611  All other provisions of chapter 456 apply.
  612         (5) An applicant for a temporary certificate under this
  613  section shall be deemed ineligible if the applicant:
  614         (a) Has been convicted of or pled nolo contendere to,
  615  regardless of adjudication, a felony or misdemeanor related to
  616  the practice of a health care profession.
  617         (b) Has had a health care provider license revoked or
  618  suspended in another state, the District of Columbia, or a
  619  possession or territory of the United States.
  620         (c) Has failed to obtain a passing score on the Florida
  621  licensure examination required to practice the profession for
  622  which the applicant is seeking a temporary certificate.
  623         (d) Is under investigation in another jurisdiction for an
  624  act that would constitute a violation of the applicable
  625  licensing chapter or chapter 456 until such time as the
  626  investigation is complete and the military health care
  627  practitioner is found innocent of all charges.
  628         (6) The department shall establish by rule application and
  629  renewal fees not to exceed $50 for a temporary certificate
  630  issued under this section.
  631         (7) Application must be made on a form prepared and
  632  furnished by the department.
  633         (8) The department shall adopt rules necessary to implement
  634  the provisions of this section.
  635         Section 11. Present subsections (3) through (11) of section
  636  456.025, Florida Statutes, are redesignated as subsections (2)
  637  through (10), respectively, and present subsections (2), (3),
  638  (7), and (8) of that section are amended, to read:
  639         456.025 Fees; receipts; disposition.—
  640         (2) The chairpersons of the boards and councils listed in
  641  s. 20.43(3)(g) shall meet annually at division headquarters to
  642  review the long-range policy plan required by s. 456.005 and
  643  current and proposed fee schedules. The chairpersons shall make
  644  recommendations for any necessary statutory changes relating to
  645  fees and fee caps. Such recommendations shall be compiled by the
  646  Department of Health and be included in the annual report to the
  647  Legislature required by s. 456.026 as well as be included in the
  648  long-range policy plan required by s. 456.005.
  649         (2)(3) Each board within the jurisdiction of the
  650  department, or the department when there is no board, shall
  651  determine by rule the amount of license fees for the profession
  652  it regulates, based upon long-range estimates prepared by the
  653  department of the revenue required to implement laws relating to
  654  the regulation of professions by the department and the board.
  655  Each board, or the department if there is no board, shall ensure
  656  that license fees are adequate to cover all anticipated costs
  657  and to maintain a reasonable cash balance, as determined by rule
  658  of the agency, with advice of the applicable board. If
  659  sufficient action is not taken by a board within 1 year after
  660  notification by the department that license fees are projected
  661  to be inadequate, the department shall set license fees on
  662  behalf of the applicable board to cover anticipated costs and to
  663  maintain the required cash balance. The department shall include
  664  recommended fee cap increases in its annual report to the
  665  Legislature. Further, it is the intent of the Legislature
  666  legislative intent that a no regulated profession not operate
  667  with a negative cash balance. If, however, a profession’s fees
  668  are at their statutory fee cap and the requirements of
  669  subsections (1) and (4) are met, a profession may operate at a
  670  deficit until the deficit is eliminated The department may
  671  provide by rule for advancing sufficient funds to any profession
  672  operating with a negative cash balance. The advancement may be
  673  for a period not to exceed 2 consecutive years, and the
  674  regulated profession must pay interest. Interest shall be
  675  calculated at the current rate earned on investments of a trust
  676  fund used by the department to implement this chapter. Interest
  677  earned shall be allocated to the various funds in accordance
  678  with the allocation of investment earnings during the period of
  679  the advance.
  680         (6)(7) Each board, or the department if there is no board,
  681  shall establish, by rule, a fee of up to not to exceed $250 for
  682  anyone seeking approval to provide continuing education courses
  683  or programs and shall establish by rule a biennial renewal fee
  684  of up to not to exceed $250 for the renewal of an approval to
  685  provide providership of such courses. The fees collected from
  686  continuing education providers shall be used for the purposes of
  687  reviewing course provider applications, monitoring the integrity
  688  of the courses provided, covering legal expenses incurred as a
  689  result of not granting or renewing an approval a providership,
  690  and developing and maintaining an electronic continuing
  691  education tracking system pursuant to s. 456.0361. The
  692  department shall implement an electronic continuing education
  693  tracking system for each new biennial renewal cycle for which
  694  electronic renewals are implemented after the effective date of
  695  this act and shall integrate such system into the licensure and
  696  renewal system. All approved continuing education providers
  697  shall provide information on course attendance to the department
  698  necessary to implement the electronic tracking system. The
  699  department shall, by rule, specify the form and procedures by
  700  which the information is to be submitted.
  701         (7)(8) All moneys collected by the department from fees or
  702  fines or from costs awarded to the agency by a court shall be
  703  paid into a trust fund used by the department to implement this
  704  chapter. The Legislature shall appropriate funds from this trust
  705  fund sufficient to administer carry out this chapter and the
  706  provisions of law with respect to professions regulated by the
  707  Division of Medical Quality Assurance within the department and
  708  the boards. The department may contract with public and private
  709  entities to receive and deposit revenue pursuant to this
  710  section. The department shall maintain separate accounts in the
  711  trust fund used by the department to implement this chapter for
  712  every profession within the department. To the maximum extent
  713  possible, the department shall directly charge all expenses to
  714  the account of each regulated profession. For the purpose of
  715  this subsection, direct charge expenses include, but are not
  716  limited to, costs for investigations, examinations, and legal
  717  services. For expenses that cannot be charged directly, the
  718  department shall provide for the proportionate allocation among
  719  the accounts of expenses incurred by the department in the
  720  performance of its duties with respect to each regulated
  721  profession. If a profession has established renewal fees that
  722  meet the requirements of subsection (1), has fees that are at
  723  the statutory fee cap, and has been operating in a deficit for 2
  724  or more fiscal years, the department may waive allocated
  725  administrative and operational indirect costs until such time as
  726  the profession has a positive cash balance. The costs related to
  727  administration and operations include, but are not limited to,
  728  the costs of the director’s office and the costs of system
  729  support, communications, central records, and other such
  730  administrative functions. Such waived costs shall be allocated
  731  to the other professions that must meet the requirements of this
  732  section, and cash in the unlicensed activity account under s.
  733  456.065 of the profession whose costs have been waived shall be
  734  transferred to the operating account in an amount not to exceed
  735  the amount of the deficit. The regulation by the department of
  736  professions, as defined in this chapter, must shall be financed
  737  solely from revenue collected by the department it from fees and
  738  other charges and deposited in the Medical Quality Assurance
  739  Trust Fund, and all such revenue is hereby appropriated to the
  740  department, which. However, it is legislative intent that each
  741  profession shall operate within its anticipated fees. The
  742  department may not expend funds from the account of a profession
  743  to pay for the expenses incurred on behalf of another
  744  profession, except that the Board of Nursing must pay for any
  745  costs incurred in the regulation of certified nursing
  746  assistants. The department shall maintain adequate records to
  747  support its allocation of agency expenses. The department shall
  748  provide any board with reasonable access to these records upon
  749  request. On or before October 1 of each year, the department
  750  shall provide each board an annual report of revenue and direct
  751  and allocated expenses related to the operation of that
  752  profession. The board shall use these reports and the
  753  department’s adopted long-range plan to determine the amount of
  754  license fees. A condensed version of this information, with the
  755  department’s recommendations, shall be included in the annual
  756  report to the Legislature prepared under s. 456.026.
  757         Section 12. Effective July 1, 2017, section 456.031,
  758  Florida Statutes, is amended to read:
  759         456.031 Requirement for instruction on domestic violence
  760  and human trafficking.—
  761         (1)(a) The appropriate board shall require each person
  762  licensed or certified under chapter 458, chapter 459, part I of
  763  chapter 464, chapter 466, chapter 467, chapter 490, or chapter
  764  491 to complete a 2-hour continuing education course, approved
  765  by the board, on domestic violence, as defined in s. 741.28, and
  766  on human trafficking, as defined in s. 787.06(2), as part of
  767  every third biennial relicensure or recertification.
  768         1. The domestic violence section of the course must shall
  769  consist of data and information on the number of patients in
  770  that professional’s practice who are likely to be victims of
  771  domestic violence and the number who are likely to be
  772  perpetrators of domestic violence, screening procedures for
  773  determining whether a patient has any history of being either a
  774  victim or a perpetrator of domestic violence, and instruction on
  775  how to provide such patients with information on, or how to
  776  refer such patients to, resources in the local community, such
  777  as domestic violence centers and other advocacy groups, that
  778  provide legal aid, shelter, victim counseling, batterer
  779  counseling, or child protection services.
  780         2. The human trafficking section of the course must consist
  781  of data and information on the types of human trafficking, such
  782  as labor and sex, and the extent of human trafficking; factors
  783  that place a person at greater risk for being a victim of human
  784  trafficking; management of medical records of patients who are
  785  human trafficking victims; patient safety and security; public
  786  and private social services available for rescue, food,
  787  clothing, and shelter referrals; hotlines for reporting human
  788  trafficking maintained by the National Human Trafficking
  789  Resource Center and the United States Department of Homeland
  790  Security; validated assessment tools for identifying human
  791  trafficking victims and general indicators that a person may be
  792  a victim of human trafficking; procedures for sharing
  793  information related to human trafficking with a patient; and
  794  referral options for legal and social services.
  795         (b) Each such licensee or certificateholder shall submit
  796  confirmation of having completed the continuing education such
  797  course, on a form provided by the board, when submitting fees
  798  for every third biennial relicensure or recertification renewal.
  799         (c) The board may approve additional equivalent courses
  800  that may be used to satisfy the requirements of paragraph (a).
  801  Each licensing board that requires a licensee to complete a
  802  continuing an educational course pursuant to this subsection may
  803  include the hours hour required for completion of the course in
  804  the total hours of continuing education required by law for the
  805  such profession, unless the continuing education requirements
  806  for the such profession consist of fewer than 30 hours of
  807  continuing education biennially.
  808         (d) Any person holding two or more licenses subject to the
  809  provisions of this subsection shall be permitted to show proof
  810  of completion of having taken one board-approved course on
  811  domestic violence and human trafficking, for purposes of
  812  relicensure or recertification for additional licenses.
  813         (e) Failure to comply with the requirements of this
  814  subsection shall constitute grounds for disciplinary action
  815  under each respective practice act and under s. 456.072(1)(k).
  816  In addition to discipline by the board, the licensee shall be
  817  required to complete the board-approved such course under this
  818  subsection.
  819         (2) Each board may adopt rules to carry out the provisions
  820  of this section.
  821         Section 13. Section 456.0361, Florida Statutes, is created
  822  to read:
  823         456.0361 Compliance with continuing education
  824  requirements.—
  825         (1) The department shall establish an electronic continuing
  826  education tracking system to monitor licensee compliance with
  827  applicable continuing education requirements and to determine
  828  whether a licensee is in full compliance with the requirements
  829  at the time of his or her application for license renewal. The
  830  tracking system shall be integrated into the department’s
  831  licensure and renewal process.
  832         (2) The department may not renew a license until the
  833  licensee complies with all applicable continuing education
  834  requirements. This subsection does not prohibit the department
  835  or the boards from imposing additional penalties under the
  836  applicable professional practice act or applicable rules for
  837  failure to comply with continuing education requirements.
  838         (3) The department may adopt rules to implement this
  839  section.
  840         Section 14. Subsection (20) of section 456.057, Florida
  841  Statutes, is amended to read:
  842         456.057 Ownership and control of patient records; report or
  843  copies of records to be furnished; disclosure of information.—
  844         (20) The board with department approval, or the department
  845  when there is no board, may temporarily or permanently appoint a
  846  person or an entity as a custodian of medical records in the
  847  event of the death of a practitioner, the mental or physical
  848  incapacitation of a the practitioner, or the abandonment of
  849  medical records by a practitioner. Such The custodian appointed
  850  shall comply with all provisions of this section. The department
  851  may contract with a third party to provide these services under
  852  the confidentiality and disclosure requirements of this section,
  853  including the release of patient records.
  854         Section 15. Subsection (2) of section 456.0635, Florida
  855  Statutes, is amended to read:
  856         456.0635 Health care fraud; disqualification for license,
  857  certificate, or registration.—
  858         (2) Each board within the jurisdiction of the department,
  859  or the department if there is no board, shall refuse to admit a
  860  candidate to any examination and refuse to issue a license,
  861  certificate, or registration to any applicant if the candidate
  862  or applicant or any principal, officer, agent, managing
  863  employee, or affiliated person of the applicant:
  864         (a) Has been convicted of, or entered a plea of guilty or
  865  nolo contendere to, regardless of adjudication, a felony under
  866  chapter 409, chapter 817, or chapter 893, or a similar felony
  867  offense committed in another state or jurisdiction, unless the
  868  candidate or applicant has successfully completed a drug court
  869  program for that felony and provides proof that the plea has
  870  been withdrawn or the charges have been dismissed. Any such
  871  conviction or plea shall exclude the applicant or candidate from
  872  licensure, examination, certification, or registration unless
  873  the sentence and any subsequent period of probation for such
  874  conviction or plea ended:
  875         1. For felonies of the first or second degree, more than 15
  876  years before the date of application.
  877         2. For felonies of the third degree, more than 10 years
  878  before the date of application, except for felonies of the third
  879  degree under s. 893.13(6)(a).
  880         3. For felonies of the third degree under s. 893.13(6)(a),
  881  more than 5 years before the date of application;
  882         (b) Has been convicted of, or entered a plea of guilty or
  883  nolo contendere to, regardless of adjudication, a felony under
  884  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
  885  sentence and any subsequent period of probation for such
  886  conviction or plea ended more than 15 years before the date of
  887  the application;
  888         (c) Has been terminated for cause from the Florida Medicaid
  889  program pursuant to s. 409.913, unless the candidate or
  890  applicant has been in good standing with the Florida Medicaid
  891  program for the most recent 5 years;
  892         (d) Has been terminated for cause, pursuant to the appeals
  893  procedures established by the state, from any other state
  894  Medicaid program, unless the candidate or applicant has been in
  895  good standing with a state Medicaid program for the most recent
  896  5 years and the termination occurred at least 20 years before
  897  the date of the application; or
  898         (e) Is currently listed on the United States Department of
  899  Health and Human Services Office of Inspector General’s List of
  900  Excluded Individuals and Entities.
  901  
  902  This subsection does not apply to candidates or applicants for
  903  initial licensure or certification who were enrolled in an
  904  educational or training program on or before July 1, 2009, which
  905  was recognized by a board or, if there is no board, recognized
  906  by the department, and who applied for licensure after July 1,
  907  2012.
  908         Section 16. Subsection (3) of section 457.107, Florida
  909  Statutes, is amended to read:
  910         457.107 Renewal of licenses; continuing education.—
  911         (3) The board shall by rule prescribe by rule continuing
  912  education requirements of up to, not to exceed 30 hours
  913  biennially, as a condition for renewal of a license. All
  914  education programs that contribute to the advancement,
  915  extension, or enhancement of professional skills and knowledge
  916  related to the practice of acupuncture, whether conducted by a
  917  nonprofit or profitmaking entity, are eligible for approval. The
  918  continuing professional education requirements must be in
  919  acupuncture or oriental medicine subjects, including, but not
  920  limited to, anatomy, biological sciences, adjunctive therapies,
  921  sanitation and sterilization, emergency protocols, and diseases.
  922  The board may shall have the authority to set a fee of up to,
  923  not to exceed $100, for each continuing education provider. The
  924  licensee shall retain in his or her records the certificates of
  925  completion of continuing professional education requirements to
  926  prove compliance with this subsection. The board may request
  927  such documentation without cause from applicants who are
  928  selected at random. All national and state acupuncture and
  929  oriental medicine organizations and acupuncture and oriental
  930  medicine schools are approved to provide continuing professional
  931  education in accordance with this subsection.
  932         Section 17. Paragraph (e) of subsection (4) of section
  933  458.347, Florida Statutes, is amended to read:
  934         458.347 Physician assistants.—
  935         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  936         (e) A supervisory physician may delegate to a fully
  937  licensed physician assistant the authority to prescribe or
  938  dispense any medication used in the supervisory physician’s
  939  practice unless such medication is listed on the formulary
  940  created pursuant to paragraph (f). A fully licensed physician
  941  assistant may only prescribe or dispense such medication under
  942  the following circumstances:
  943         1. A physician assistant must clearly identify to the
  944  patient that he or she is a physician assistant and.
  945  Furthermore, the physician assistant must inform the patient
  946  that the patient has the right to see the physician before a
  947  prior to any prescription is being prescribed or dispensed by
  948  the physician assistant.
  949         2. The supervisory physician must notify the department of
  950  his or her intent to delegate, on a department-approved form,
  951  before delegating such authority and notify the department of
  952  any change in prescriptive privileges of the physician
  953  assistant. Authority to dispense may be delegated only by a
  954  supervising physician who is registered as a dispensing
  955  practitioner in compliance with s. 465.0276.
  956         3. The physician assistant must complete file with the
  957  department a signed affidavit that he or she has completed a
  958  minimum of 10 continuing medical education hours in the
  959  specialty practice in which the physician assistant has
  960  prescriptive privileges with each licensure renewal application.
  961         4. The department may issue a prescriber number to the
  962  physician assistant granting authority for the prescribing of
  963  medicinal drugs authorized within this paragraph upon completion
  964  of the foregoing requirements of this paragraph. The physician
  965  assistant is shall not be required to independently register
  966  pursuant to s. 465.0276.
  967         5. The prescription must be written in a form that complies
  968  with chapter 499 and, in addition to the supervisory physician’s
  969  name, address, and telephone number, must contain, in addition
  970  to the supervisory physician’s name, address, and telephone
  971  number, the physician assistant’s prescriber number. Unless it
  972  is a drug or drug sample dispensed by the physician assistant,
  973  the prescription must be filled in a pharmacy permitted under
  974  chapter 465 and must be dispensed in that pharmacy by a
  975  pharmacist licensed under chapter 465. The inclusion appearance
  976  of the prescriber number creates a presumption that the
  977  physician assistant is authorized to prescribe the medicinal
  978  drug and the prescription is valid.
  979         6. The physician assistant must note the prescription or
  980  dispensing of medication in the appropriate medical record.
  981         Section 18. Paragraph (e) of subsection (4) of section
  982  459.022, Florida Statutes, is amended to read:
  983         459.022 Physician assistants.—
  984         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  985         (e) A supervisory physician may delegate to a fully
  986  licensed physician assistant the authority to prescribe or
  987  dispense any medication used in the supervisory physician’s
  988  practice unless such medication is listed on the formulary
  989  created pursuant to s. 458.347. A fully licensed physician
  990  assistant may only prescribe or dispense such medication under
  991  the following circumstances:
  992         1. A physician assistant must clearly identify to the
  993  patient that she or he is a physician assistant and.
  994  Furthermore, the physician assistant must inform the patient
  995  that the patient has the right to see the physician before a
  996  prior to any prescription is being prescribed or dispensed by
  997  the physician assistant.
  998         2. The supervisory physician must notify the department of
  999  her or his intent to delegate, on a department-approved form,
 1000  before delegating such authority and notify the department of
 1001  any change in prescriptive privileges of the physician
 1002  assistant. Authority to dispense may be delegated only by a
 1003  supervisory physician who is registered as a dispensing
 1004  practitioner in compliance with s. 465.0276.
 1005         3. The physician assistant must complete file with the
 1006  department a signed affidavit that she or he has completed a
 1007  minimum of 10 continuing medical education hours in the
 1008  specialty practice in which the physician assistant has
 1009  prescriptive privileges with each licensure renewal application.
 1010         4. The department may issue a prescriber number to the
 1011  physician assistant granting authority for the prescribing of
 1012  medicinal drugs authorized within this paragraph upon completion
 1013  of the foregoing requirements of this paragraph. The physician
 1014  assistant is shall not be required to independently register
 1015  pursuant to s. 465.0276.
 1016         5. The prescription must be written in a form that complies
 1017  with chapter 499 and, in addition to the supervisory physician’s
 1018  name, address, and telephone number, must contain, in addition
 1019  to the supervisory physician’s name, address, and telephone
 1020  number, the physician assistant’s prescriber number. Unless it
 1021  is a drug or drug sample dispensed by the physician assistant,
 1022  the prescription must be filled in a pharmacy permitted under
 1023  chapter 465, and must be dispensed in that pharmacy by a
 1024  pharmacist licensed under chapter 465. The inclusion appearance
 1025  of the prescriber number creates a presumption that the
 1026  physician assistant is authorized to prescribe the medicinal
 1027  drug and the prescription is valid.
 1028         6. The physician assistant must note the prescription or
 1029  dispensing of medication in the appropriate medical record.
 1030         Section 19. Subsection (7) is added to section 460.402,
 1031  Florida Statutes, to read:
 1032         460.402 Exceptions.—The provisions of this chapter shall
 1033  not apply to:
 1034         (7) A chiropractic physician who holds an active license in
 1035  another jurisdiction and is performing chiropractic procedures
 1036  or demonstrating equipment or supplies for educational purposes
 1037  at a board-approved continuing education program.
 1038         Section 20. Subsection (3) of section 463.007, Florida
 1039  Statutes, is amended to read:
 1040         463.007 Renewal of license; continuing education.—
 1041         (3) As a condition of license renewal, a licensee must
 1042  Unless otherwise provided by law, the board shall require
 1043  licensees to periodically demonstrate his or her their
 1044  professional competence, as a condition of renewal of a license,
 1045  by completing up to 30 hours of continuing education during the
 1046  2-year period preceding license renewal. For certified
 1047  optometrists, the 30-hour continuing education requirement
 1048  includes shall include 6 or more hours of approved transcript
 1049  quality coursework in ocular and systemic pharmacology and the
 1050  diagnosis, treatment, and management of ocular and systemic
 1051  conditions and diseases during the 2-year period preceding
 1052  application for license renewal.
 1053         Section 21. Subsection (7) of section 464.203, Florida
 1054  Statutes, is amended to read:
 1055         464.203 Certified nursing assistants; certification
 1056  requirement.—
 1057         (7) A certified nursing assistant shall complete 24 12
 1058  hours of inservice training during each biennium calendar year.
 1059  The certified nursing assistant shall maintain be responsible
 1060  for maintaining documentation demonstrating compliance with
 1061  these provisions. The Council on Certified Nursing Assistants,
 1062  in accordance with s. 464.2085(2)(b), shall propose rules to
 1063  implement this subsection.
 1064         Section 22. Section 464.2085, Florida Statutes, is
 1065  repealed.
 1066         Section 23. Paragraph (b) of subsection (1) and subsection
 1067  (3) of section 465.0276, Florida Statutes, are amended to read:
 1068         465.0276 Dispensing practitioner.—
 1069         (1)
 1070         (b) A practitioner registered under this section may not
 1071  dispense a controlled substance listed in Schedule II or
 1072  Schedule III as provided in s. 893.03. This paragraph does not
 1073  apply to:
 1074         1. The dispensing of complimentary packages of medicinal
 1075  drugs which are labeled as a drug sample or complimentary drug
 1076  as defined in s. 499.028 to the practitioner’s own patients in
 1077  the regular course of her or his practice without the payment of
 1078  a fee or remuneration of any kind, whether direct or indirect,
 1079  as provided in subsection (4) subsection (5).
 1080         2. The dispensing of controlled substances in the health
 1081  care system of the Department of Corrections.
 1082         3. The dispensing of a controlled substance listed in
 1083  Schedule II or Schedule III in connection with the performance
 1084  of a surgical procedure. The amount dispensed pursuant to the
 1085  subparagraph may not exceed a 14-day supply. This exception does
 1086  not allow for the dispensing of a controlled substance listed in
 1087  Schedule II or Schedule III more than 14 days after the
 1088  performance of the surgical procedure. For purposes of this
 1089  subparagraph, the term “surgical procedure” means any procedure
 1090  in any setting which involves, or reasonably should involve:
 1091         a. Perioperative medication and sedation that allows the
 1092  patient to tolerate unpleasant procedures while maintaining
 1093  adequate cardiorespiratory function and the ability to respond
 1094  purposefully to verbal or tactile stimulation and makes intra-
 1095  and postoperative monitoring necessary; or
 1096         b. The use of general anesthesia or major conduction
 1097  anesthesia and preoperative sedation.
 1098         4. The dispensing of a controlled substance listed in
 1099  Schedule II or Schedule III pursuant to an approved clinical
 1100  trial. For purposes of this subparagraph, the term “approved
 1101  clinical trial” means a clinical research study or clinical
 1102  investigation that, in whole or in part, is state or federally
 1103  funded or is conducted under an investigational new drug
 1104  application that is reviewed by the United States Food and Drug
 1105  Administration.
 1106         5. The dispensing of methadone in a facility licensed under
 1107  s. 397.427 where medication-assisted treatment for opiate
 1108  addiction is provided.
 1109         6. The dispensing of a controlled substance listed in
 1110  Schedule II or Schedule III to a patient of a facility licensed
 1111  under part IV of chapter 400.
 1112         (3) The department shall inspect any facility where a
 1113  practitioner dispenses medicinal drugs pursuant to subsection
 1114  (2) in the same manner and with the same frequency as it
 1115  inspects pharmacies for the purpose of determining whether the
 1116  practitioner is in compliance with all statutes and rules
 1117  applicable to her or his dispensing practice.
 1118         Section 24. Subsection (3) of section 466.0135, Florida
 1119  Statutes, is amended to read:
 1120         466.0135 Continuing education; dentists.—
 1121         (3) A In applying for license renewal, the dentist shall
 1122  complete submit a sworn affidavit, on a form acceptable to the
 1123  department, attesting that she or he has completed the required
 1124  continuing education as provided required in this section in
 1125  accordance with the guidelines and provisions of this section
 1126  and listing the date, location, sponsor, subject matter, and
 1127  hours of completed continuing education courses. An The
 1128  applicant shall retain in her or his records any such receipts,
 1129  vouchers, or certificates as may be necessary to document
 1130  completion of such the continuing education courses listed in
 1131  accordance with this subsection. With cause, the board may
 1132  request such documentation by the applicant, and the board may
 1133  request such documentation from applicants selected at random
 1134  without cause.
 1135         Section 25. Section 466.014, Florida Statutes, is amended
 1136  to read:
 1137         466.014 Continuing education; dental hygienists.—In
 1138  addition to the other requirements for relicensure for dental
 1139  hygienists set out in this chapter act, the board shall require
 1140  each licensed dental hygienist to complete at least not less
 1141  than 24 hours but not or more than 36 hours of continuing
 1142  professional education in dental subjects, biennially, in
 1143  programs prescribed or approved by the board or in equivalent
 1144  programs of continuing education. Programs of continuing
 1145  education approved by the board are shall be programs of
 1146  learning which, in the opinion of the board, contribute directly
 1147  to the dental education of the dental hygienist. The board shall
 1148  adopt rules and guidelines to administer and enforce the
 1149  provisions of this section. In applying for license renewal, the
 1150  dental hygienist shall submit a sworn affidavit, on a form
 1151  acceptable to the department, attesting that she or he has
 1152  completed the continuing education required in this section in
 1153  accordance with the guidelines and provisions of this section
 1154  and listing the date, location, sponsor, subject matter, and
 1155  hours of completed continuing education courses. An The
 1156  applicant shall retain in her or his records any such receipts,
 1157  vouchers, or certificates as may be necessary to document
 1158  completion of such the continuing education courses listed in
 1159  accordance with this section. With cause, the board may request
 1160  such documentation by the applicant, and the board may request
 1161  such documentation from applicants selected at random without
 1162  cause. Compliance with the continuing education requirements is
 1163  shall be mandatory for issuance of the renewal certificate. The
 1164  board may shall have the authority to excuse licensees, as a
 1165  group or as individuals, from all or part of the continuing
 1166  educational requirements if, or any part thereof, in the event
 1167  an unusual circumstance, emergency, or hardship has prevented
 1168  compliance with this section.
 1169         Section 26. Subsection (5) of section 466.032, Florida
 1170  Statutes, is amended to read:
 1171         466.032 Registration.—
 1172         (5) A The dental laboratory owner or at least one employee
 1173  of any dental laboratory renewing registration on or after July
 1174  1, 2010, shall complete 18 hours of continuing education
 1175  biennially. Programs of continuing education must shall be
 1176  programs of learning that contribute directly to the education
 1177  of the dental technician and may include, but are not limited
 1178  to, attendance at lectures, study clubs, college courses, or
 1179  scientific sessions of conventions and research.
 1180         (a) The aim of continuing education for dental technicians
 1181  is to improve dental health care delivery to the public as such
 1182  is impacted through the design, manufacture, and use of
 1183  artificial human oral prosthetics and related restorative
 1184  appliances.
 1185         (b) Continuing education courses shall address one or more
 1186  of the following areas of professional development, including,
 1187  but not limited to:
 1188         1. Laboratory and technological subjects, including, but
 1189  not limited to, laboratory techniques and procedures, materials,
 1190  and equipment; and
 1191         2. Subjects pertinent to oral health, infection control,
 1192  and safety.
 1193         (c) Programs that meet meeting the general requirements of
 1194  continuing education may be developed and offered to dental
 1195  technicians by the Florida Dental Laboratory Association and the
 1196  Florida Dental Association. Other organizations, schools, or
 1197  agencies may also be approved to develop and offer continuing
 1198  education in accordance with specific criteria established by
 1199  the department.
 1200         (d) Any dental laboratory renewing a registration on or
 1201  after July 1, 2010, shall submit a sworn affidavit, on a form
 1202  approved by the department, attesting that either the dental
 1203  laboratory owner or one dental technician employed by the
 1204  registered dental laboratory has completed the continuing
 1205  education required in this subsection in accordance with the
 1206  guidelines and provisions of this subsection and listing the
 1207  date, location, sponsor, subject matter, and hours of completed
 1208  continuing education courses. The dental laboratory shall retain
 1209  in its records such receipts, vouchers, or certificates as may
 1210  be necessary to document completion of the continuing education
 1211  courses listed in accordance with this subsection. With cause,
 1212  the department may request that the documentation be provided by
 1213  the applicant. The department may also request the documentation
 1214  from applicants selected at random without cause.
 1215         (d)(e)1. This subsection does not apply to a dental
 1216  laboratory that is physically located within a dental practice
 1217  operated by a dentist licensed under this chapter.
 1218         2. A dental laboratory in another state or country which
 1219  provides service to a dentist licensed under this chapter is not
 1220  required to register with the state and may continue to provide
 1221  services to such dentist with a proper prescription. However, a
 1222  dental laboratory in another state or country, however, may
 1223  voluntarily comply with this subsection.
 1224         Section 27. Section 468.1201, Florida Statutes, is
 1225  repealed.
 1226         Section 28. Paragraph (a) of subsection (3), subsections
 1227  (4) and (5), paragraphs (a) and (e) of subsection (6), and
 1228  subsection (7) of section 483.901, Florida Statutes, are
 1229  amended, and paragraph (k) is added to subsection (6) of that
 1230  section, to read:
 1231         483.901 Medical physicists; definitions; licensure.—
 1232         (3) DEFINITIONS.—As used in this section, the term:
 1233         (a) “Council” means the Advisory Council of Medical
 1234  Physicists in the Department of Health.
 1235         (4) COUNCIL.—The Advisory Council of Medical Physicists is
 1236  created in the Department of Health to advise the department in
 1237  regulating the practice of medical physics in this state.
 1238         (a) The council shall be composed of nine members appointed
 1239  by the State Surgeon General as follows:
 1240         1. A licensed medical physicist who specializes in
 1241  diagnostic radiological physics.
 1242         2. A licensed medical physicist who specializes in
 1243  therapeutic radiological physics.
 1244         3. A licensed medical physicist who specializes in medical
 1245  nuclear radiological physics.
 1246         4. A physician who is board certified by the American Board
 1247  of Radiology or its equivalent.
 1248         5. A physician who is board certified by the American
 1249  Osteopathic Board of Radiology or its equivalent.
 1250         6. A chiropractic physician who practices radiology.
 1251         7. Three consumer members who are not, and have never been,
 1252  licensed as a medical physicist or licensed in any closely
 1253  related profession.
 1254         (b) The State Surgeon General shall appoint the medical
 1255  physicist members of the council from a list of candidates who
 1256  are licensed to practice medical physics.
 1257         (c) The State Surgeon General shall appoint the physician
 1258  members of the council from a list of candidates who are
 1259  licensed to practice medicine in this state and are board
 1260  certified in diagnostic radiology, therapeutic radiology, or
 1261  radiation oncology.
 1262         (d) The State Surgeon General shall appoint the public
 1263  members of the council.
 1264         (e) As the term of each member expires, the State Surgeon
 1265  General shall appoint the successor for a term of 4 years. A
 1266  member shall serve until the member’s successor is appointed,
 1267  unless physically unable to do so.
 1268         (f) An individual is ineligible to serve more than two full
 1269  consecutive 4-year terms.
 1270         (g) If a vacancy on the council occurs, the State Surgeon
 1271  General shall appoint a member to serve for a 4-year term.
 1272         (h) A council member must be a United States citizen and
 1273  must have been a resident of this state for 2 consecutive years
 1274  immediately before being appointed.
 1275         1. A member of the council who is a medical physicist must
 1276  have practiced for at least 6 years before being appointed or be
 1277  board certified for the specialty in which the member practices.
 1278         2. A member of the council who is a physician must be
 1279  licensed to practice medicine in this state and must have
 1280  practiced diagnostic radiology or radiation oncology in this
 1281  state for at least 2 years before being appointed.
 1282         3. The public members of the council must not have a
 1283  financial interest in any endeavor related to the practice of
 1284  medical physics.
 1285         (i) A council member may be removed from the council if the
 1286  member:
 1287         1. Did not have the required qualifications at the time of
 1288  appointment;
 1289         2. Does not maintain the required qualifications while
 1290  serving on the council; or
 1291         3. Fails to attend the regularly scheduled council meetings
 1292  in a calendar year as required by s. 456.011.
 1293         (j) Members of the council may not receive compensation for
 1294  their services; however, they are entitled to reimbursement,
 1295  from funds deposited in the Medical Quality Assurance Trust
 1296  Fund, for necessary travel expenses as specified in s. 112.061
 1297  for each day they engage in the business of the council.
 1298         (k) At the first regularly scheduled meeting of each
 1299  calendar year, the council shall elect a presiding officer and
 1300  an assistant presiding officer from among its members. The
 1301  council shall meet at least once each year and at other times in
 1302  accordance with department requirements.
 1303         (l) The department shall provide administrative support to
 1304  the council for all licensing activities.
 1305         (m) The council may conduct its meetings electronically.
 1306         (5) POWERS OF COUNCIL.—The council shall:
 1307         (a) Recommend rules to administer this section.
 1308         (b) Recommend practice standards for the practice of
 1309  medical physics which are consistent with the Guidelines for
 1310  Ethical Practice for Medical Physicists prepared by the American
 1311  Association of Physicists in Medicine and disciplinary
 1312  guidelines adopted under s. 456.079.
 1313         (c) Develop and recommend continuing education requirements
 1314  for licensed medical physicists.
 1315         (4)(6) LICENSE REQUIRED.—An individual may not engage in
 1316  the practice of medical physics, including the specialties of
 1317  diagnostic radiological physics, therapeutic radiological
 1318  physics, medical nuclear radiological physics, or medical health
 1319  physics, without a license issued by the department for the
 1320  appropriate specialty.
 1321         (a) The department shall adopt rules to administer this
 1322  section which specify license application and renewal fees,
 1323  continuing education requirements, and standards for practicing
 1324  medical physics. The council shall recommend to the department
 1325  continuing education requirements that shall be a condition of
 1326  license renewal. The department shall require a minimum of 24
 1327  hours per biennium of continuing education offered by an
 1328  organization recommended by the council and approved by the
 1329  department. The department, upon recommendation of the council,
 1330  may adopt rules to specify continuing education requirements for
 1331  persons who hold a license in more than one specialty.
 1332         (e) Upon On receipt of an application and fee as specified
 1333  in this section, the department may issue a license to practice
 1334  medical physics in this state on or after October 1, 1997, to a
 1335  person who is board certified in the medical physics specialty
 1336  in which the applicant applies to practice by the American Board
 1337  of Radiology for diagnostic radiological physics, therapeutic
 1338  radiological physics, or medical nuclear radiological physics;
 1339  by the American Board of Medical Physics for diagnostic
 1340  radiological physics, therapeutic radiological physics, or
 1341  medical nuclear radiological physics; or by the American Board
 1342  of Health Physics or an equivalent certifying body approved by
 1343  the department.
 1344         (k) Upon proof of a completed residency program and receipt
 1345  of the fee set forth by rule, the department may issue a
 1346  temporary license for no more than 1 year. The department may
 1347  adopt by rule requirements for temporary licensure and renewal
 1348  of temporary licenses.
 1349         (5)(7) FEES.—The fee for the initial license application
 1350  shall be $500 and is nonrefundable. The fee for license renewal
 1351  may not be more than $500. These fees may cover only the costs
 1352  incurred by the department and the council to administer this
 1353  section. By July 1 each year, the department shall determine
 1354  advise the council if the fees are insufficient to administer
 1355  this section.
 1356         Section 29. Subsection (2) of section 484.047, Florida
 1357  Statutes, is amended to read:
 1358         484.047 Renewal of license.—
 1359         (2) In addition to the other requirements for renewal
 1360  provided in this section and by the board, the department shall
 1361  renew a license upon receipt of the renewal application and, the
 1362  renewal fee, and a written statement affirming compliance with
 1363  all other requirements set forth in this section and by the
 1364  board. A licensee must maintain, if applicable, a certificate
 1365  from a manufacturer or independent testing agent certifying that
 1366  the testing room meets the requirements of s. 484.0501(6) and,
 1367  if applicable, a certificate from a manufacturer or independent
 1368  testing agent stating that all audiometric testing equipment
 1369  used by the licensee has been calibrated acoustically to
 1370  American National Standards Institute standards on an annual
 1371  basis acoustically to American National Standards Institute
 1372  standard specifications. Possession of any applicable
 1373  certificate is the certificates shall be a prerequisite to
 1374  renewal.
 1375         Section 30. Section 486.102, Florida Statutes, is amended
 1376  to read:
 1377         486.102 Physical therapist assistant; licensing
 1378  requirements.—To be eligible for licensing by the board as a
 1379  physical therapist assistant, an applicant must:
 1380         (1) Be at least 18 years old;
 1381         (2) Be of good moral character; and
 1382         (3)(a) Have been graduated from a school giving a course of
 1383  not less than 2 years for physical therapist assistants, which
 1384  has been approved for the educational preparation of physical
 1385  therapist assistants by the appropriate accrediting agency
 1386  recognized by the Commission on Recognition of Postsecondary
 1387  Accreditation or the United States Department of Education,
 1388  which includes, but is not limited to, any regional or national
 1389  institutional accrediting agencies recognized by the United
 1390  States Department of Education or the Commission on
 1391  Accreditation for Physical Therapy Education (CAPTE), at the
 1392  time of her or his graduation, and have passed to the
 1393  satisfaction of the board an examination to determine her or his
 1394  fitness for practice as a physical therapist assistant as
 1395  hereinafter provided;
 1396         (b) Have been graduated from a school giving a course for
 1397  physical therapist assistants in a foreign country, and have
 1398  educational credentials deemed equivalent to those required for
 1399  the educational preparation of physical therapist assistants in
 1400  this country, as recognized by the appropriate agency as
 1401  identified by the board, and have passed to the satisfaction of
 1402  the board an examination to determine her or his fitness for
 1403  practice as a physical therapist assistant as hereinafter
 1404  provided; or
 1405         (c) Be entitled to licensure without examination as
 1406  provided in s. 486.107.
 1407         Section 31. Subsections (1) and (4) of section 486.109,
 1408  Florida Statutes, are amended to read:
 1409         486.109 Continuing education.—
 1410         (1) The board shall require licensees to periodically
 1411  demonstrate their professional competence as a condition of
 1412  renewal of a license by completing 24 hours of continuing
 1413  education biennially.
 1414         (4) Each licensee shall maintain be responsible for
 1415  maintaining sufficient records in a format as determined by rule
 1416  which shall be subject to a random audit by the department to
 1417  demonstrate assure compliance with this section.
 1418         Section 32. Paragraph (a) of subsection (15) of section
 1419  499.028, Florida Statutes, is amended to read:
 1420         499.028 Drug samples or complimentary drugs; starter packs;
 1421  permits to distribute.—
 1422         (15) A person may not possess a prescription drug sample
 1423  unless:
 1424         (a) The drug sample was prescribed to her or him as
 1425  evidenced by the label required in s. 465.0276(4) s.
 1426  465.0276(5).
 1427         Section 33. Paragraph (g) of subsection (3) of section
 1428  921.0022, Florida Statutes, is amended to read:
 1429         921.0022 Criminal Punishment Code; offense severity ranking
 1430  chart.—
 1431         (3) OFFENSE SEVERITY RANKING CHART
 1432         (g) LEVEL 7
 1433  
 1434  FloridaStatute           FelonyDegree         Description         
 1435  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 1436  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 1437  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1438  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 1439  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1440  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 1441  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 1442  456.065(2)                    3rd     Practicing a health care profession without a license.
 1443  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 1444  458.327(1)                    3rd     Practicing medicine without a license.
 1445  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 1446  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 1447  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 1448  462.17                        3rd     Practicing naturopathy without a license.
 1449  463.015(1)                    3rd     Practicing optometry without a license.
 1450  464.016(1)                    3rd     Practicing nursing without a license.
 1451  465.015(2)                    3rd     Practicing pharmacy without a license.
 1452  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 1453  467.201                       3rd     Practicing midwifery without a license.
 1454  468.366                       3rd     Delivering respiratory care services without a license.
 1455  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 1456  483.901(7) 483.901(9)         3rd     Practicing medical physics without a license.
 1457  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 1458  484.053                       3rd     Dispensing hearing aids without a license.
 1459  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1460  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1461  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1462  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1463  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1464  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 1465  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1466  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1467  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1468  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1469  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1470  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1471  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 1472  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 1473  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 1474  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 1475  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 1476  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 1477  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 1478  784.081(1)                    1st     Aggravated battery on specified official or employee.
 1479  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 1480  784.083(1)                    1st     Aggravated battery on code inspector.
 1481  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 1482  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 1483  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1484  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 1485  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 1486  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1487  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1488  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1489  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1490  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1491  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 1492  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 1493  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1494  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 1495  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 1496  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 1497  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 1498  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1499  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 1500  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 1501  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1502  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1503  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 1504  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 1505  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 1506  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1507  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 1508  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 1509  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 1510  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 1511  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 1512  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 1513  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1514  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 1515  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1516  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 1517  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 1518  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 1519  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 1520  838.015                       2nd     Bribery.                    
 1521  838.016                       2nd     Unlawful compensation or reward for official behavior.
 1522  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 1523  838.22                        2nd     Bid tampering.              
 1524  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 1525  843.0855(3)                   3rd     Unlawful simulation of legal process.
 1526  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 1527  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1528  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 1529  872.06                        2nd     Abuse of a dead human body. 
 1530  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1531  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1532  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1533  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1534  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1535  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1536  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1537  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1538  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1539  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1540  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1541  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1542  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1543  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1544  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1545  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1546  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1547  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1548  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1549  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 1550  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 1551  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1552  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1553  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1554  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 1555  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1556  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1557  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 1558  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1559  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1560  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1561  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1562  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1563  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1564  
 1565         Section 34. Except as otherwise expressly provided in this
 1566  act, this act shall take effect July 1, 2016.