SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
CHAMBER ACTION
Senate House
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11 Senator Wasserman Schultz moved the following amendment to
12 amendment (791604):
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14 Senate Amendment (with title amendment)
15 On page 267, between lines 16 and 17,
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17 insert:
18 Section 120. Section 484.013, Florida Statutes, is
19 amended to read:
20 484.013 Violations and penalties.--
21 (1) It is unlawful for any person:
22 (a) To make a false or fraudulent statement, either
23 for herself or himself or for another person, in any
24 application, affidavit, or statement presented to the board or
25 in any proceeding before the board.
26 (b) To prepare or dispense lenses, spectacles,
27 eyeglasses, contact lenses, or other optical devices when such
28 person is not licensed as an optician in this state.
29 (c) To prepare or dispense lenses, spectacles,
30 eyeglasses, contact lenses, or other optical devices without
31 first being furnished with a prescription as provided for in
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 s. 484.012.
2 (2) It is unlawful for any person other than an
3 optician licensed under this part to use the title "optician"
4 or otherwise lead the public to believe that she or he is
5 engaged in the practice of opticianry.
6 (3) It is unlawful for any optician to engage in the
7 diagnosis of the human eyes, attempt to determine the
8 refractive powers of the human eyes, or, in any manner,
9 attempt to prescribe for or treat diseases or ailments of
10 human beings.
11 (4) It is unlawful for any person to open or operate,
12 either alone or with any other person or persons, an optical
13 establishment which does not have the permit required by this
14 part.
15 (5)(a) Except as otherwise provided in paragraph (b),
16 a Any person who violates any a provision of this section
17 commits a misdemeanor of the second degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 (b) A person who knowingly violates paragraph (1)(c)
20 commits a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084.
22 Section 121. Paragraph (g) of subsection (3) of
23 section 921.0022, Florida Statutes, is amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
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28 Florida Felony
29 Statute Degree Description
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 456.065(2) 3rd Practicing a health care
13 profession without a license.
14 456.065(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.013(1)(c) 3rd Preparing or dispensing optical
14 devices without a prescription.
15 484.053 3rd Dispensing hearing aids without a
16 license.
17 494.0018(2) 1st Conviction of any violation of
18 ss. 494.001-494.0077 in which the
19 total money and property
20 unlawfully obtained exceeded
21 $50,000 and there were five or
22 more victims.
23 560.123(8)(b)1. 3rd Failure to report currency or
24 payment instruments exceeding
25 $300 but less than $20,000 by
26 money transmitter.
27 560.125(5)(a) 3rd Money transmitter business by
28 unauthorized person, currency or
29 payment instruments exceeding
30 $300 but less than $20,000.
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.07(2)(d) 1st Aggravated battery on law
31 enforcement officer.
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.166(3) 2nd Possessing, selling, using, or
16 attempting to use a hoax weapon
17 of mass destruction.
18 796.03 2nd Procuring any person under 16
19 years for prostitution.
20 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
21 victim less than 12 years of age;
22 offender less than 18 years.
23 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
24 victim 12 years of age or older
25 but less than 16 years; offender
26 18 years or older.
27 806.01(2) 2nd Maliciously damage structure by
28 fire or explosive.
29 810.02(3)(a) 2nd Burglary of occupied dwelling;
30 unarmed; no assault or battery.
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(d) 2nd Burglary of occupied conveyance;
4 unarmed; no assault or battery.
5 812.014(2)(a) 1st Property stolen, valued at
6 $100,000 or more; property stolen
7 while causing other property
8 damage; 1st degree grand theft.
9 812.019(2) 1st Stolen property; initiates,
10 organizes, plans, etc., the theft
11 of property and traffics in
12 stolen property.
13 812.131(2)(a) 2nd Robbery by sudden snatching.
14 812.133(2)(b) 1st Carjacking; no firearm, deadly
15 weapon, or other weapon.
16 825.102(3)(b) 2nd Neglecting an elderly person or
17 disabled adult causing great
18 bodily harm, disability, or
19 disfigurement.
20 825.1025(2) 2nd Lewd or lascivious battery upon
21 an elderly person or disabled
22 adult.
23 825.103(2)(b) 2nd Exploiting an elderly person or
24 disabled adult and property is
25 valued at $20,000 or more, but
26 less than $100,000.
27 827.03(3)(b) 2nd Neglect of a child causing great
28 bodily harm, disability, or
29 disfigurement.
30 827.04(3) 3rd Impregnation of a child under 16
31 years of age by person 21 years
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 of age or older.
2 837.05(2) 3rd Giving false information about
3 alleged capital felony to a law
4 enforcement officer.
5 872.06 2nd Abuse of a dead human body.
6 893.13(1)(c)1. 1st Sell, manufacture, or deliver
7 cocaine (or other drug prohibited
8 under s. 893.03(1)(a), (1)(b),
9 (1)(d), (2)(a), (2)(b), or
10 (2)(c)4.) within 1,000 feet of a
11 child care facility or school.
12 893.13(1)(e)1. 1st Sell, manufacture, or deliver
13 cocaine or other drug prohibited
14 under s. 893.03(1)(a), (1)(b),
15 (1)(d), (2)(a), (2)(b), or
16 (2)(c)4., within 1,000 feet of
17 property used for religious
18 services or a specified business
19 site.
20 893.13(4)(a) 1st Deliver to minor cocaine (or
21 other s. 893.03(1)(a), (1)(b),
22 (1)(d), (2)(a), (2)(b), or
23 (2)(c)4. drugs).
24 893.135(1)(a)1. 1st Trafficking in cannabis, more
25 than 50 lbs., less than 2,000
26 lbs.
27 893.135
28 (1)(b)1.a. 1st Trafficking in cocaine, more than
29 28 grams, less than 200 grams.
30 893.135
31 (1)(c)1.a. 1st Trafficking in illegal drugs,
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 more than 4 grams, less than 14
2 grams.
3 893.135
4 (1)(d)1. 1st Trafficking in phencyclidine,
5 more than 28 grams, less than 200
6 grams.
7 893.135(1)(e)1. 1st Trafficking in methaqualone, more
8 than 200 grams, less than 5
9 kilograms.
10 893.135(1)(f)1. 1st Trafficking in amphetamine, more
11 than 14 grams, less than 28
12 grams.
13 893.135
14 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
15 grams or more, less than 14
16 grams.
17 893.135
18 (1)(h)1.a. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 1 kilogram or more, less than 5
21 kilograms.
22 893.135
23 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
24 kilogram or more, less then 5
25 kilograms.
26 893.135
27 (1)(j)2.a. 1st Trafficking in Phenethylamines,
28 10 grams or more, less than 200
29 grams.
30 896.101(5)(a) 3rd Money laundering, financial
31 transactions exceeding $300 but
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SENATE AMENDMENT
Bill No. CS for SB 1558, 1st Eng.
Amendment No. ___ Barcode 940362
1 less than $20,000.
2 896.104(4)(a)1. 3rd Structuring transactions to evade
3 reporting or registration
4 requirements, financial
5 transactions exceeding $300 but
6 less than $20,000.
7
8 (Redesignate subsequent sections.)
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 298, line 12, following the semicolon
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15 insert:
16 amending s. 484.013, F.S.; increasing the
17 penalty for certain acts involving preparation
18 or dispensing of optical devices; amending s.
19 921.0022, F.S.; providing for the ranking of
20 such offense on the offense severity ranking
21 chart;
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