SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
CHAMBER ACTION
Senate House
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11 Senator Villalobos moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, between lines 30 and 31,
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16 insert:
17 Section 3. Section 484.013, Florida Statutes, is
18 amended to read:
19 484.013 Violations and penalties.--
20 (1) It is unlawful for any person:
21 (a) To intentionally make a false or fraudulent
22 statement, either for herself or himself or for another
23 person, in any application, affidavit, or statement presented
24 to the board or in any proceeding before the board.
25 (b) To prepare or dispense lenses, spectacles,
26 eyeglasses, contact lenses, or other optical devices when such
27 person is not licensed as an optician in this state.
28 (c) To prepare or dispense lenses, spectacles,
29 eyeglasses, contact lenses, or other optical devices without
30 first being furnished with a prescription as provided for in
31 s. 484.012.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 (2) It is unlawful for any person other than an
2 optician licensed under this part to use the title "optician"
3 or otherwise lead the public to believe that she or he is
4 engaged in the practice of opticianry.
5 (3) It is unlawful for any optician to engage in the
6 diagnosis of the human eyes, attempt to determine the
7 refractive powers of the human eyes, or, in any manner,
8 attempt to prescribe for or treat diseases or ailments of
9 human beings.
10 (4) It is unlawful for any person to open or operate,
11 either alone or with any other person or persons, an optical
12 establishment which does not have the permit required by this
13 part.
14 (5) A Any person who knowingly violates any a
15 provision of this section commits a felony misdemeanor of the
16 third second degree, punishable as provided in s. 775.082, or
17 s. 775.083, or s. 775.084.
18 Section 4. Section 484.015, Florida Statutes, is
19 amended to read:
20 484.015 Authority to inspect.--Duly authorized agents
21 and employees of the department shall have the power to
22 inspect in a lawful manner at all reasonable hours an any
23 establishment of any kind in the state in which lenses,
24 spectacles, eyeglasses, contact lenses, and any other optical
25 devices are prepared or and dispensed, for the purposes of:
26 (1) Determining if any provision of this part, or any
27 rule promulgated under its authority, is being violated;
28 (2) Securing samples or specimens of any lenses,
29 spectacles, eyeglasses, contact lenses, or other optical
30 devices, after paying or offering to pay for such sample or
31 specimen; or
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 (3) Securing such other evidence as may be needed for
2 prosecution under this part.
3 Section 5. Paragraph (g) of subsection (3) of section
4 921.0022, Florida Statutes, is amended to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
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9 Florida Felony
10 Statute Degree Description
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12 (g) LEVEL 7
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 402.319(2) 2nd Misrepresentation and negligence
18 or intentional act resulting in
19 great bodily harm, permanent
20 disfiguration, permanent
21 disability, or death.
22 409.920(2) 3rd Medicaid provider fraud.
23 456.065(2) 3rd Practicing a health care
24 profession without a license.
25 456.065(2) 2nd Practicing a health care
26 profession without a license
27 which results in serious bodily
28 injury.
29 458.327(1) 3rd Practicing medicine without a
30 license.
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Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013 3rd Practicing opticianry without a
26 license.
27 484.053 3rd Dispensing hearing aids without a
28 license.
29 494.0018(2) 1st Conviction of any violation of
30 ss. 494.001-494.0077 in which the
31 total money and property
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Amendment No. ___ Barcode 252740
1 unlawfully obtained exceeded
2 $50,000 and there were five or
3 more victims.
4 560.123(8)(b)1. 3rd Failure to report currency or
5 payment instruments exceeding
6 $300 but less than $20,000 by
7 money transmitter.
8 560.125(5)(a) 3rd Money transmitter business by
9 unauthorized person, currency or
10 payment instruments exceeding
11 $300 but less than $20,000.
12 655.50(10)(b)1. 3rd Failure to report financial
13 transactions exceeding $300 but
14 less than $20,000 by financial
15 institution.
16 782.051(3) 2nd Attempted felony murder of a
17 person by a person other than the
18 perpetrator or the perpetrator of
19 an attempted felony.
20 782.07(1) 2nd Killing of a human being by the
21 act, procurement, or culpable
22 negligence of another
23 (manslaughter).
24 782.071 2nd Killing of human being or viable
25 fetus by the operation of a motor
26 vehicle in a reckless manner
27 (vehicular homicide).
28 782.072 2nd Killing of a human being by the
29 operation of a vessel in a
30 reckless manner (vessel
31 homicide).
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.07(2)(d) 1st Aggravated battery on law
11 enforcement officer.
12 784.08(2)(a) 1st Aggravated battery on a person 65
13 years of age or older.
14 784.081(1) 1st Aggravated battery on specified
15 official or employee.
16 784.082(1) 1st Aggravated battery by detained
17 person on visitor or other
18 detainee.
19 784.083(1) 1st Aggravated battery on code
20 inspector.
21 790.07(4) 1st Specified weapons violation
22 subsequent to previous conviction
23 of s. 790.07(1) or (2).
24 790.16(1) 1st Discharge of a machine gun under
25 specified circumstances.
26 790.166(3) 2nd Possessing, selling, using, or
27 attempting to use a hoax weapon
28 of mass destruction.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a) 1st Property stolen, valued at
17 $100,000 or more; property stolen
18 while causing other property
19 damage; 1st degree grand theft.
20 812.019(2) 1st Stolen property; initiates,
21 organizes, plans, etc., the theft
22 of property and traffics in
23 stolen property.
24 812.131(2)(a) 2nd Robbery by sudden snatching.
25 812.133(2)(b) 1st Carjacking; no firearm, deadly
26 weapon, or other weapon.
27 825.102(3)(b) 2nd Neglecting an elderly person or
28 disabled adult causing great
29 bodily harm, disability, or
30 disfigurement.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 825.1025(2) 2nd Lewd or lascivious battery upon
2 an elderly person or disabled
3 adult.
4 825.103(2)(b) 2nd Exploiting an elderly person or
5 disabled adult and property is
6 valued at $20,000 or more, but
7 less than $100,000.
8 827.03(3)(b) 2nd Neglect of a child causing great
9 bodily harm, disability, or
10 disfigurement.
11 827.04(3) 3rd Impregnation of a child under 16
12 years of age by person 21 years
13 of age or older.
14 837.05(2) 3rd Giving false information about
15 alleged capital felony to a law
16 enforcement officer.
17 872.06 2nd Abuse of a dead human body.
18 893.13(1)(c)1. 1st Sell, manufacture, or deliver
19 cocaine (or other drug prohibited
20 under s. 893.03(1)(a), (1)(b),
21 (1)(d), (2)(a), (2)(b), or
22 (2)(c)4.) within 1,000 feet of a
23 child care facility or school.
24 893.13(1)(e)1. 1st Sell, manufacture, or deliver
25 cocaine or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4., within 1,000 feet of
29 property used for religious
30 services or a specified business
31 site.
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Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 50 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29 893.135
30 (1)(h)1.a. 1st Trafficking in
31 gamma-hydroxybutyric acid (GHB),
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 1 kilogram or more, less than 5
2 kilograms.
3 893.135
4 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
5 kilogram or more, less then 5
6 kilograms.
7 893.135
8 (1)(j)2.a. 1st Trafficking in Phenethylamines,
9 10 grams or more, less than 200
10 grams.
11 896.101(5)(a) 3rd Money laundering, financial
12 transactions exceeding $300 but
13 less than $20,000.
14 896.104(4)(a)1. 3rd Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions exceeding $300 but
18 less than $20,000.
19
20 (Redesignate subsequent sections.)
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, line 11, after the semicolon,
26
27 insert:
28 amending s. 484.013, F.S.; revising provisions
29 prescribing violations and penalties applicable
30 to the practice of opticianry; amending s.
31 484.015, F.S.; revising inspection authority;
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SENATE AMENDMENT
Bill No. CS for CS for SB 1196
Amendment No. ___ Barcode 252740
1 amending s. 921.0022, F.S., relating to the
2 Criminal Punishment Code; providing an offense
3 severity ranking for the offense of practicing
4 opticianry without a license;
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