SENATE AMENDMENT
    Bill No. CS for SB 1558, 1st Eng.
    Amendment No. ___   Barcode 824110
                            CHAMBER ACTION
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 164, between lines 22 and 23,
15  
16  insert:  
17         Section 52.  Subsection (3) of section 484.002, Florida
18  Statutes, is amended, and subsections (8) and (9) are added to
19  that section, to read:
20         484.002  Definitions.--As used in this part:
21         (3)  "Opticianry" means the preparation and dispensing
22  of lenses, spectacles, eyeglasses, contact lenses, and other
23  optical devices to the intended user or agent thereof, upon
24  the written prescription of a licensed allopathic or
25  osteopathic physician medical doctor or optometrist who is
26  duly licensed to practice or upon presentation of a duplicate
27  prescription.  The selection of frame designs, the actual
28  sales transaction, and the transfer of physical possession of
29  lenses, spectacles, eyeglasses, contact lenses, and other
30  optical devices subsequent to performance of all services of
31  the optician shall not be considered the practice of
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    9:22 AM   05/01/01                              s1558c1c-32m0a

SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 opticianry; however, such physical possession shall not be 2 transferred until the optician has completed the fitting of 3 the optical device upon the customer. The practice of 4 opticianry also includes the duplication of lenses accurately 5 as to power, without prescription. A board-certified optician 6 qualified and operating under rules established by the board 7 may fill, fit, adapt, or dispense any soft contact lens 8 prescription. Such optician may fill, fit, adapt, or dispense 9 any extended wear or hard contact lens prescription to the 10 extent authorized to do so by the prescribing allopathic or 11 osteopathic physician medical doctor or optometrist. 12 (8) "Contact lenses" means a prescribed medical device 13 intended to be worn directly against the cornea of the eye to 14 correct vision conditions, act as a therapeutic device, or 15 provide a cosmetic effect. 16 (9) "Optical dispensing" means interpreting but not 17 altering a prescription of a licensed physician or optometrist 18 and designing, adapting, fitting, or replacing the prescribed 19 optical aids, pursuant to such prescription, to or for the 20 intended wearer; duplicating lenses, accurately as to power 21 without a prescription; and duplicating nonprescription 22 eyewear and parts of eyewear. "Optical dispensing" does not 23 include selecting frames, transferring an optical aid to the 24 wearer after an optician has completed fitting it, or 25 providing instruction in the general care and use of an 26 optical aid, including placement, removal, hygiene, or 27 cleaning. 28 Section 53. Subsection (2) of section 484.006, Florida 29 Statutes, is amended to read: 30 484.006 Certain rules prohibited.-- 31 (2) No rule or policy of the board shall prohibit any 2 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 optician from practicing jointly with optometrists or 2 allopathic or osteopathic physicians medical doctors licensed 3 in this state. 4 Section 54. Subsections (1) and (2) of section 5 484.012, Florida Statutes, are amended to read: 6 484.012 Prescriptions; filing; duplication of 7 prescriptions; duplication of lenses.-- 8 (1) Any prescription written by a duly licensed 9 allopathic or osteopathic physician medical doctor or 10 optometrist for any lenses, spectacles, eyeglasses, contact 11 lenses, or other optical devices shall be kept on file for a 12 period of 2 years with the optical establishment that fills 13 such prescription. However, the licensed optician may 14 maintain a copy of the prescription. 15 (2) Upon request by the intended user of the 16 prescribed lenses, spectacles, eyeglasses, contact lenses, or 17 other optical devices, or by an agent of the intended user, 18 the optician who fills the original prescription shall 19 duplicate, on a form prescribed by rule of the board, the 20 original prescription. However, for medical reasons only, the 21 prescribing allopathic or osteopathic physician medical doctor 22 or optometrist may, upon the original prescription, prohibit 23 its duplication. Any duplication shall be considered a valid 24 prescription to be filled for a period of 5 years from the 25 date of the original prescription, except that a contact lens 26 prescription shall be considered a valid prescription to be 27 filled for a period of 2 years from the date of the original 28 prescription. 29 Section 55. Section 484.013, Florida Statutes, is 30 amended to read: 31 484.013 Violations and penalties.-- 3 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 (1) It is unlawful for any person: 2 (a) To intentionally make a false or fraudulent 3 statement, either for herself or himself or for another 4 person, in any application, affidavit, or statement presented 5 to the board or in any proceeding before the board. 6 (b) To prepare or dispense lenses, spectacles, 7 eyeglasses, contact lenses, or other optical devices when such 8 person is not licensed as an optician in this state. 9 (c) To prepare or dispense lenses, spectacles, 10 eyeglasses, contact lenses, or other optical devices without 11 first being furnished with a prescription as provided for in 12 s. 484.012. 13 (2) It is unlawful for any person other than an 14 optician licensed under this part to use the title "optician" 15 or otherwise lead the public to believe that she or he is 16 engaged in the practice of opticianry. 17 (3) It is unlawful for any optician to engage in the 18 diagnosis of the human eyes, attempt to determine the 19 refractive powers of the human eyes, or, in any manner, 20 attempt to prescribe for or treat diseases or ailments of 21 human beings. 22 (4) It is unlawful for any person to open or operate, 23 either alone or with any other person or persons, an optical 24 establishment which does not have the permit required by this 25 part. 26 (5) A Any person who knowingly violates any a 27 provision of this section commits a felony misdemeanor of the 28 third second degree, punishable as provided in s. 775.082, or 29 s. 775.083, or s. 775.084. 30 Section 56. Section 484.015, Florida Statutes, is 31 amended to read: 4 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 484.015 Authority to inspect.--Duly authorized agents 2 and employees of the department shall have the power to 3 inspect in a lawful manner at all reasonable hours an any 4 establishment of any kind in the state in which lenses, 5 spectacles, eyeglasses, contact lenses, and any other optical 6 devices are prepared or and dispensed, for the purposes of: 7 (1) Determining if any provision of this part, or any 8 rule promulgated under its authority, is being violated; 9 (2) Securing samples or specimens of any lenses, 10 spectacles, eyeglasses, contact lenses, or other optical 11 devices, after paying or offering to pay for such sample or 12 specimen; or 13 (3) Securing such other evidence as may be needed for 14 prosecution under this part. 15 Section 57. Paragraph (g) of subsection (3) of section 16 921.0022, Florida Statutes, is amended to read: 17 921.0022 Criminal Punishment Code; offense severity 18 ranking chart.-- 19 (3) OFFENSE SEVERITY RANKING CHART 20 21 Florida Felony 22 Statute Degree Description 23 24 (g) LEVEL 7 25 316.193(3)(c)2. 3rd DUI resulting in serious bodily 26 injury. 27 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 28 bodily injury. 29 402.319(2) 2nd Misrepresentation and negligence 30 or intentional act resulting in 31 great bodily harm, permanent 5 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 disfiguration, permanent 2 disability, or death. 3 409.920(2) 3rd Medicaid provider fraud. 4 456.065(2) 3rd Practicing a health care 5 profession without a license. 6 456.065(2) 2nd Practicing a health care 7 profession without a license 8 which results in serious bodily 9 injury. 10 458.327(1) 3rd Practicing medicine without a 11 license. 12 459.013(1) 3rd Practicing osteopathic medicine 13 without a license. 14 460.411(1) 3rd Practicing chiropractic medicine 15 without a license. 16 461.012(1) 3rd Practicing podiatric medicine 17 without a license. 18 462.17 3rd Practicing naturopathy without a 19 license. 20 463.015(1) 3rd Practicing optometry without a 21 license. 22 464.016(1) 3rd Practicing nursing without a 23 license. 24 465.015(2) 3rd Practicing pharmacy without a 25 license. 26 466.026(1) 3rd Practicing dentistry or dental 27 hygiene without a license. 28 467.201 3rd Practicing midwifery without a 29 license. 30 468.366 3rd Delivering respiratory care 31 services without a license. 6 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 483.828(1) 3rd Practicing as clinical laboratory 2 personnel without a license. 3 483.901(9) 3rd Practicing medical physics 4 without a license. 5 484.013 3rd Practicing opticianry without a 6 license. 7 484.053 3rd Dispensing hearing aids without a 8 license. 9 494.0018(2) 1st Conviction of any violation of 10 ss. 494.001-494.0077 in which the 11 total money and property 12 unlawfully obtained exceeded 13 $50,000 and there were five or 14 more victims. 15 560.123(8)(b)1. 3rd Failure to report currency or 16 payment instruments exceeding 17 $300 but less than $20,000 by 18 money transmitter. 19 560.125(5)(a) 3rd Money transmitter business by 20 unauthorized person, currency or 21 payment instruments exceeding 22 $300 but less than $20,000. 23 655.50(10)(b)1. 3rd Failure to report financial 24 transactions exceeding $300 but 25 less than $20,000 by financial 26 institution. 27 782.051(3) 2nd Attempted felony murder of a 28 person by a person other than the 29 perpetrator or the perpetrator of 30 an attempted felony. 31 7 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 782.07(1) 2nd Killing of a human being by the 2 act, procurement, or culpable 3 negligence of another 4 (manslaughter). 5 782.071 2nd Killing of human being or viable 6 fetus by the operation of a motor 7 vehicle in a reckless manner 8 (vehicular homicide). 9 782.072 2nd Killing of a human being by the 10 operation of a vessel in a 11 reckless manner (vessel 12 homicide). 13 784.045(1)(a)1. 2nd Aggravated battery; intentionally 14 causing great bodily harm or 15 disfigurement. 16 784.045(1)(a)2. 2nd Aggravated battery; using deadly 17 weapon. 18 784.045(1)(b) 2nd Aggravated battery; perpetrator 19 aware victim pregnant. 20 784.048(4) 3rd Aggravated stalking; violation of 21 injunction or court order. 22 784.07(2)(d) 1st Aggravated battery on law 23 enforcement officer. 24 784.08(2)(a) 1st Aggravated battery on a person 65 25 years of age or older. 26 784.081(1) 1st Aggravated battery on specified 27 official or employee. 28 784.082(1) 1st Aggravated battery by detained 29 person on visitor or other 30 detainee. 31 8 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 784.083(1) 1st Aggravated battery on code 2 inspector. 3 790.07(4) 1st Specified weapons violation 4 subsequent to previous conviction 5 of s. 790.07(1) or (2). 6 790.16(1) 1st Discharge of a machine gun under 7 specified circumstances. 8 790.166(3) 2nd Possessing, selling, using, or 9 attempting to use a hoax weapon 10 of mass destruction. 11 796.03 2nd Procuring any person under 16 12 years for prostitution. 13 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 14 victim less than 12 years of age; 15 offender less than 18 years. 16 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 17 victim 12 years of age or older 18 but less than 16 years; offender 19 18 years or older. 20 806.01(2) 2nd Maliciously damage structure by 21 fire or explosive. 22 810.02(3)(a) 2nd Burglary of occupied dwelling; 23 unarmed; no assault or battery. 24 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 25 unarmed; no assault or battery. 26 810.02(3)(d) 2nd Burglary of occupied conveyance; 27 unarmed; no assault or battery. 28 812.014(2)(a) 1st Property stolen, valued at 29 $100,000 or more; property stolen 30 while causing other property 31 damage; 1st degree grand theft. 9 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 812.019(2) 1st Stolen property; initiates, 2 organizes, plans, etc., the theft 3 of property and traffics in 4 stolen property. 5 812.131(2)(a) 2nd Robbery by sudden snatching. 6 812.133(2)(b) 1st Carjacking; no firearm, deadly 7 weapon, or other weapon. 8 825.102(3)(b) 2nd Neglecting an elderly person or 9 disabled adult causing great 10 bodily harm, disability, or 11 disfigurement. 12 825.1025(2) 2nd Lewd or lascivious battery upon 13 an elderly person or disabled 14 adult. 15 825.103(2)(b) 2nd Exploiting an elderly person or 16 disabled adult and property is 17 valued at $20,000 or more, but 18 less than $100,000. 19 827.03(3)(b) 2nd Neglect of a child causing great 20 bodily harm, disability, or 21 disfigurement. 22 827.04(3) 3rd Impregnation of a child under 16 23 years of age by person 21 years 24 of age or older. 25 837.05(2) 3rd Giving false information about 26 alleged capital felony to a law 27 enforcement officer. 28 872.06 2nd Abuse of a dead human body. 29 893.13(1)(c)1. 1st Sell, manufacture, or deliver 30 cocaine (or other drug prohibited 31 under s. 893.03(1)(a), (1)(b), 10 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 (1)(d), (2)(a), (2)(b), or 2 (2)(c)4.) within 1,000 feet of a 3 child care facility or school. 4 893.13(1)(e)1. 1st Sell, manufacture, or deliver 5 cocaine or other drug prohibited 6 under s. 893.03(1)(a), (1)(b), 7 (1)(d), (2)(a), (2)(b), or 8 (2)(c)4., within 1,000 feet of 9 property used for religious 10 services or a specified business 11 site. 12 893.13(4)(a) 1st Deliver to minor cocaine (or 13 other s. 893.03(1)(a), (1)(b), 14 (1)(d), (2)(a), (2)(b), or 15 (2)(c)4. drugs). 16 893.135(1)(a)1. 1st Trafficking in cannabis, more 17 than 50 lbs., less than 2,000 18 lbs. 19 893.135 20 (1)(b)1.a. 1st Trafficking in cocaine, more than 21 28 grams, less than 200 grams. 22 893.135 23 (1)(c)1.a. 1st Trafficking in illegal drugs, 24 more than 4 grams, less than 14 25 grams. 26 893.135 27 (1)(d)1. 1st Trafficking in phencyclidine, 28 more than 28 grams, less than 200 29 grams. 30 893.135(1)(e)1. 1st Trafficking in methaqualone, more 31 than 200 grams, less than 5 11 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 kilograms. 2 893.135(1)(f)1. 1st Trafficking in amphetamine, more 3 than 14 grams, less than 28 4 grams. 5 893.135 6 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 7 grams or more, less than 14 8 grams. 9 893.135 10 (1)(h)1.a. 1st Trafficking in 11 gamma-hydroxybutyric acid (GHB), 12 1 kilogram or more, less than 5 13 kilograms. 14 893.135 15 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 16 kilogram or more, less then 5 17 kilograms. 18 893.135 19 (1)(j)2.a. 1st Trafficking in Phenethylamines, 20 10 grams or more, less than 200 21 grams. 22 896.101(5)(a) 3rd Money laundering, financial 23 transactions exceeding $300 but 24 less than $20,000. 25 896.104(4)(a)1. 3rd Structuring transactions to evade 26 reporting or registration 27 requirements, financial 28 transactions exceeding $300 but 29 less than $20,000. 30 31 (Redesignate subsequent sections.) 12 9:22 AM 05/01/01 s1558c1c-32m0a
SENATE AMENDMENT Bill No. CS for SB 1558, 1st Eng. Amendment No. ___ Barcode 824110 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, line 22, following the semicolon 4 5 insert: 6 amending s. 484.002, F.S.; redefining the term 7 "opticianry" and defining the terms "contact 8 lenses" and "optical dispensing"; amending ss. 9 484.002, 484.006, 484.012, F.S.; replacing 10 references to the term "medical doctor" with 11 the term "allopathic or osteopathic physician"; 12 amending s. 484.013, F.S.; revising provisions 13 prescribing violations and penalties applicable 14 to the practice of opticianry; amending s. 15 484.015, F.S.; revising inspection authority; 16 amending s. 921.0022, F.S., relating to the 17 Criminal Punishment Code; providing an offense 18 severity ranking for the offense of practicing 19 opticianry without a license; 20 21 22 23 24 25 26 27 28 29 30 31 13 9:22 AM 05/01/01 s1558c1c-32m0a