SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 824110
CHAMBER ACTION
Senate House
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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,
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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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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
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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.--
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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:
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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
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21 Florida Felony
22 Statute Degree Description
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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
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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.
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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.
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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.
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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.
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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),
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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
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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.)
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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;
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