House Bill hb0315
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Florida House of Representatives - 2001 HB 315
By Representative Kottkamp
1 A bill to be entitled
2 An act relating to opticianry; amending s.
3 484.013, F.S.; revising violations and
4 penalties applicable to the practice of
5 opticianry; amending s. 484.015, F.S.; revising
6 inspection authority; amending s. 921.0022,
7 F.S., relating to the Criminal Punishment Code;
8 providing an offense severity ranking for the
9 offense of practicing opticianry without a
10 license; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 484.013, Florida Statutes, is
15 amended to read:
16 484.013 Violations and penalties.--
17 (1) It is unlawful for any person:
18 (a) To make a false or fraudulent statement, either
19 for herself or himself or for another person, in any
20 application, affidavit, or statement presented to the board or
21 in any proceeding before the board.
22 (b) To prepare or dispense lenses, spectacles,
23 eyeglasses, contact lenses, or other optical devices when such
24 person is not licensed as an optician in this state.
25 (c) To prepare or dispense lenses, spectacles,
26 eyeglasses, contact lenses, or other optical devices, whether
27 for medical or cosmetic purposes, without first being
28 furnished with a prescription as provided for in s. 484.012.
29 (2) It is unlawful for any person other than an
30 optician licensed under this part to use the title "optician"
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1 or otherwise lead the public to believe that she or he is
2 engaged in the practice of opticianry.
3 (3) It is unlawful for any optician to engage in the
4 diagnosis of the human eyes, attempt to determine the
5 refractive powers of the human eyes, or, in any manner,
6 attempt to prescribe for or treat diseases or ailments of
7 human beings.
8 (4) It is unlawful for any person to open or operate,
9 either alone or with any other person or persons, an optical
10 establishment which does not have the permit required by this
11 part.
12 (5) A Any person who violates any a provision of this
13 section commits a felony misdemeanor of the third second
14 degree, punishable as provided in s. 775.082, or s. 775.083,
15 or s. 775.084.
16 Section 2. Section 484.015, Florida Statutes, is
17 amended to read:
18 484.015 Authority to inspect.--Duly authorized agents
19 and employees of the department shall have the power to
20 inspect in a lawful manner at all reasonable hours an any
21 establishment of any kind in the state in which lenses,
22 spectacles, eyeglasses, contact lenses, and any other optical
23 devices are prepared or and dispensed, for the purposes of:
24 (1) Determining if any provision of this part, or any
25 rule promulgated under its authority, is being violated;
26 (2) Securing samples or specimens of any lenses,
27 spectacles, eyeglasses, contact lenses, or other optical
28 devices, after paying or offering to pay for such sample or
29 specimen; or
30 (3) Securing such other evidence as may be needed for
31 prosecution under this part.
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Florida House of Representatives - 2001 HB 315
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1 Section 3. Paragraph (g) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10 (g) LEVEL 7
11 316.193(3)(c)2. 3rd DUI resulting in serious bodily
12 injury.
13 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
14 bodily injury.
15 402.319(2) 2nd Misrepresentation and negligence
16 or intentional act resulting in
17 great bodily harm, permanent
18 disfiguration, permanent
19 disability, or death.
20 409.920(2) 3rd Medicaid provider fraud.
21 456.065(2) 3rd Practicing a health care
22 profession without a license.
23 456.065(2) 2nd Practicing a health care
24 profession without a license
25 which results in serious bodily
26 injury.
27 458.327(1) 3rd Practicing medicine without a
28 license.
29 459.013(1) 3rd Practicing osteopathic medicine
30 without a license.
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1 460.411(1) 3rd Practicing chiropractic medicine
2 without a license.
3 461.012(1) 3rd Practicing podiatric medicine
4 without a license.
5 462.17 3rd Practicing naturopathy without a
6 license.
7 463.015(1) 3rd Practicing optometry without a
8 license.
9 464.016(1) 3rd Practicing nursing without a
10 license.
11 465.015(2) 3rd Practicing pharmacy without a
12 license.
13 466.026(1) 3rd Practicing dentistry or dental
14 hygiene without a license.
15 467.201 3rd Practicing midwifery without a
16 license.
17 468.366 3rd Delivering respiratory care
18 services without a license.
19 483.828(1) 3rd Practicing as clinical laboratory
20 personnel without a license.
21 483.901(9) 3rd Practicing medical physics
22 without a license.
23 484.013 3rd Practicing opticianry without a
24 license.
25 484.053 3rd Dispensing hearing aids without a
26 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
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1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 796.03 2nd Procuring any person under 16
5 years for prostitution.
6 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
7 victim less than 12 years of age;
8 offender less than 18 years.
9 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 18 years or older.
13 806.01(2) 2nd Maliciously damage structure by
14 fire or explosive.
15 810.02(3)(a) 2nd Burglary of occupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(d) 2nd Burglary of occupied conveyance;
20 unarmed; no assault or battery.
21 812.014(2)(a) 1st Property stolen, valued at
22 $100,000 or more; property stolen
23 while causing other property
24 damage; 1st degree grand theft.
25 812.019(2) 1st Stolen property; initiates,
26 organizes, plans, etc., the theft
27 of property and traffics in
28 stolen property.
29 812.131(2)(a) 2nd Robbery by sudden snatching.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.05(2) 3rd Giving false information about
19 alleged capital felony to a law
20 enforcement officer.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), (2)(b), or
26 (2)(c)4.) within 1,000 feet of a
27 child care facility or school.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less then 5
16 kilograms.
17 893.135
18 (1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 4. This act shall take effect October 1, 2001.
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2 HOUSE SUMMARY
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Provides that the prohibition against preparing or
4 dispensing an optical device without first being
furnished with a prescription applies regardless of
5 whether the device is to be used for medical or cosmetic
purposes. Increases penalties applicable to the unlawful
6 practice of opticianry. Expands inspection authority to
cover any establishment in which optical devices are
7 prepared or dispensed. Revises the Criminal Punishment
Code to provide an offense severity ranking for the
8 offense of practicing opticianry without a license. See
bill for details.
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