Senate Bill sb0786c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
By the Committee on Health, Aging and Long-Term Care; and
Senator Wasserman Schultz
317-1588-01
1 A bill to be entitled
2 An act relating to opticianry; amending s.
3 484.002, F.S.; redefining the term "opticianry"
4 and defining the term "contact lenses";
5 amending ss. 484.002, 484.006, 484.012, F.S.;
6 replacing references to the term "medical
7 doctor" with the term "allopathic or
8 osteopathic physician"; amending s. 484.013,
9 F.S.; revising provisions prescribing
10 violations and penalties applicable to the
11 practice of opticianry; amending s. 484.015,
12 F.S.; revising inspection authority; amending
13 s. 921.0022, F.S., relating to the Criminal
14 Punishment Code; providing an offense severity
15 ranking for the offense of practicing
16 opticianry without a license; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (3) of section 484.002, Florida
22 Statutes, is amended, and subsection (8) is added to that
23 section, to read:
24 484.002 Definitions.--As used in this part:
25 (3) "Opticianry" means the preparation and dispensing
26 of lenses, spectacles, eyeglasses, contact lenses, and other
27 optical devices to the intended user or agent thereof, upon
28 the written prescription of a licensed allopathic or
29 osteopathic physician medical doctor or optometrist who is
30 duly licensed to practice or upon presentation of a duplicate
31 prescription. The selection of frame designs, the actual
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 sales transaction, and the transfer of physical possession of
2 lenses, spectacles, eyeglasses, contact lenses, and other
3 optical devices subsequent to performance of all services of
4 the optician shall not be considered the practice of
5 opticianry; however, such physical possession shall not be
6 transferred until the optician has completed the fitting of
7 the optical device upon the customer. The practice of
8 opticianry also includes the duplication of lenses accurately
9 as to power, without prescription. A board-certified optician
10 qualified and operating under rules established by the board
11 may fill, fit, adapt, or dispense any soft contact lens
12 prescription. Such optician may fill, fit, adapt, or dispense
13 any extended wear or hard contact lens prescription to the
14 extent authorized to do so by the prescribing allopathic or
15 osteopathic physician medical doctor or optometrist.
16 (8) "Contact lenses" means a prescribed medical device
17 intended to be worn directly against the cornea of the eye to
18 correct vision conditions, act as a therapeutic device, or
19 provide a cosmetic effect.
20 Section 2. Subsection (2) of section 484.006, Florida
21 Statutes, is amended to read:
22 484.006 Certain rules prohibited.--
23 (2) No rule or policy of the board shall prohibit any
24 optician from practicing jointly with optometrists or
25 allopathic or osteopathic physicians medical doctors licensed
26 in this state.
27 Section 3. Subsections (1) and (2) of section 484.012,
28 Florida Statutes, are amended to read:
29 484.012 Prescriptions; filing; duplication of
30 prescriptions; duplication of lenses.--
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 (1) Any prescription written by a duly licensed
2 allopathic or osteopathic physician medical doctor or
3 optometrist for any lenses, spectacles, eyeglasses, contact
4 lenses, or other optical devices shall be kept on file for a
5 period of 2 years with the optical establishment that fills
6 such prescription. However, the licensed optician may
7 maintain a copy of the prescription.
8 (2) Upon request by the intended user of the
9 prescribed lenses, spectacles, eyeglasses, contact lenses, or
10 other optical devices, or by an agent of the intended user,
11 the optician who fills the original prescription shall
12 duplicate, on a form prescribed by rule of the board, the
13 original prescription. However, for medical reasons only, the
14 prescribing allopathic or osteopathic physician medical doctor
15 or optometrist may, upon the original prescription, prohibit
16 its duplication. Any duplication shall be considered a valid
17 prescription to be filled for a period of 5 years from the
18 date of the original prescription, except that a contact lens
19 prescription shall be considered a valid prescription to be
20 filled for a period of 2 years from the date of the original
21 prescription.
22 Section 4. Section 484.013, Florida Statutes, is
23 amended to read:
24 484.013 Violations and penalties.--
25 (1) It is unlawful for any person:
26 (a) To intentionally make a false or fraudulent
27 statement, either for herself or himself or for another
28 person, in any application, affidavit, or statement presented
29 to the board or in any proceeding before the board.
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 (b) To prepare or dispense lenses, spectacles,
2 eyeglasses, contact lenses, or other optical devices when such
3 person is not licensed as an optician in this state.
4 (c) To prepare or dispense lenses, spectacles,
5 eyeglasses, contact lenses, or other optical devices without
6 first being furnished with a prescription as provided for in
7 s. 484.012.
8 (2) It is unlawful for any person other than an
9 optician licensed under this part to use the title "optician"
10 or otherwise lead the public to believe that she or he is
11 engaged in the practice of opticianry.
12 (3) It is unlawful for any optician to engage in the
13 diagnosis of the human eyes, attempt to determine the
14 refractive powers of the human eyes, or, in any manner,
15 attempt to prescribe for or treat diseases or ailments of
16 human beings.
17 (4) It is unlawful for any person to open or operate,
18 either alone or with any other person or persons, an optical
19 establishment which does not have the permit required by this
20 part.
21 (5) A Any person who violates any a provision of this
22 section commits a felony misdemeanor of the third second
23 degree, punishable as provided in s. 775.082, or s. 775.083,
24 or s. 775.084.
25
26 This section does not apply to an individual transferring her
27 or his personal lenses, spectacles, eyeglasses, contact
28 lenses, or other optical devices that are exclusively cosmetic
29 to another individual without any compensation or any
30 incidental or peripheral compensation.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 Section 5. Section 484.015, Florida Statutes, is
2 amended to read:
3 484.015 Authority to inspect.--Duly authorized agents
4 and employees of the department shall have the power to
5 inspect in a lawful manner at all reasonable hours an any
6 establishment of any kind in the state in which lenses,
7 spectacles, eyeglasses, contact lenses, and any other optical
8 devices are prepared or and dispensed, for the purposes of:
9 (1) Determining if any provision of this part, or any
10 rule promulgated under its authority, is being violated;
11 (2) Securing samples or specimens of any lenses,
12 spectacles, eyeglasses, contact lenses, or other optical
13 devices, after paying or offering to pay for such sample or
14 specimen; or
15 (3) Securing such other evidence as may be needed for
16 prosecution under this part.
17 Section 6. Paragraph (g) of subsection (3) of section
18 921.0022, Florida Statutes, is amended to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26 (g) LEVEL 7
27 316.193(3)(c)2. 3rd DUI resulting in serious bodily
28 injury.
29 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
30 bodily injury.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013 3rd Practicing opticianry without a
10 license.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.166(3) 2nd Possessing, selling, using, or
12 attempting to use a hoax weapon
13 of mass destruction.
14 796.03 2nd Procuring any person under 16
15 years for prostitution.
16 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
17 victim less than 12 years of age;
18 offender less than 18 years.
19 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 18 years or older.
23 806.01(2) 2nd Maliciously damage structure by
24 fire or explosive.
25 810.02(3)(a) 2nd Burglary of occupied dwelling;
26 unarmed; no assault or battery.
27 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(d) 2nd Burglary of occupied conveyance;
30 unarmed; no assault or battery.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.019(2) 1st Stolen property; initiates,
6 organizes, plans, etc., the theft
7 of property and traffics in
8 stolen property.
9 812.131(2)(a) 2nd Robbery by sudden snatching.
10 812.133(2)(b) 1st Carjacking; no firearm, deadly
11 weapon, or other weapon.
12 825.102(3)(b) 2nd Neglecting an elderly person or
13 disabled adult causing great
14 bodily harm, disability, or
15 disfigurement.
16 825.1025(2) 2nd Lewd or lascivious battery upon
17 an elderly person or disabled
18 adult.
19 825.103(2)(b) 2nd Exploiting an elderly person or
20 disabled adult and property is
21 valued at $20,000 or more, but
22 less than $100,000.
23 827.03(3)(b) 2nd Neglect of a child causing great
24 bodily harm, disability, or
25 disfigurement.
26 827.04(3) 3rd Impregnation of a child under 16
27 years of age by person 21 years
28 of age or older.
29 837.05(2) 3rd Giving false information about
30 alleged capital felony to a law
31 enforcement officer.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 872.06 2nd Abuse of a dead human body.
2 893.13(1)(c)1. 1st Sell, manufacture, or deliver
3 cocaine (or other drug prohibited
4 under s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4.) within 1,000 feet of a
7 child care facility or school.
8 893.13(1)(e)1. 1st Sell, manufacture, or deliver
9 cocaine or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4., within 1,000 feet of
13 property used for religious
14 services or a specified business
15 site.
16 893.13(4)(a) 1st Deliver to minor cocaine (or
17 other s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4. drugs).
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 50 lbs., less than 2,000
22 lbs.
23 893.135
24 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
30
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less then 5
23 kilograms.
24 893.135
25 (1)(j)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 786
317-1588-01
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 7. This act shall take effect October 1, 2001.
7
8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 786
10
11 The Committee Substitute adds a definition of the term
"contact lenses" in part I of ch. 484, F.S., relating to
12 opticianry; replaces the term "medical doctor" with
"allopathic or osteopathic physician;" and revises violations
13 proscribing conduct for purposes of the opticianry practice
act.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.