Senate Bill sb2072

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072

    By Senator Diaz de la Portilla





    36-1378-04                                          See HB 811

  1                      A bill to be entitled

  2         An act relating to specialty nursing; amending

  3         s. 464.003, F.S.; defining the terms "clinical

  4         nurse specialist practice" and "clinical nurse

  5         specialist"; creating s. 464.0115, F.S.;

  6         providing requirements for certification of

  7         clinical nurse specialist practice; providing

  8         fees; providing the Board of Nursing rulemaking

  9         authority to implement such requirements;

10         creating s. 464.0125, F.S.; requiring advanced

11         registered nurse practitioners to register with

12         the Board of Nursing to prescribe medicinal

13         drugs, including controlled substances;

14         providing requirements for registration and

15         renewal of registration, including continuing

16         education; providing fees; prohibiting

17         prescription of controlled substances for

18         personal use or the use of immediate family

19         members; providing for disciplinary actions;

20         providing rulemaking authority to the board;

21         amending s. 464.015, F.S.; restricting the use

22         of professional titles and abbreviations

23         relating to clinical nurse specialist practice;

24         providing penalties; amending s. 464.016, F.S.;

25         prohibiting clinical nurse specialist practice

26         without an active license or certificate;

27         prohibiting the use of any name or title

28         stating or implying that a person is a clinical

29         nurse specialist unless the person is duly

30         licensed or certified; providing penalties;

31         amending s. 893.02, F.S.; revising the

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         definition of "practitioner" under the "Florida

 2         Comprehensive Drug Abuse Prevention and Control

 3         Act" to include certain advanced registered

 4         nurse practitioners; amending ss. 458.348 and

 5         464.012, F.S.; conforming cross references;

 6         reenacting s. 921.0022(3)(g), F.S., relating to

 7         the offense severity ranking chart of the

 8         Criminal Punishment Code, to incorporate the

 9         amendment to s. 464.016, F.S., in a reference

10         thereto; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 464.003, Florida Statutes, is

15  amended to read:

16         464.003  Definitions.--As used in this part, the term:

17         (1)  "Department" means the Department of Health.

18         (2)  "Board" means the Board of Nursing.

19         (3)(a)  "Practice of professional nursing" means the

20  performance of those acts requiring substantial specialized

21  knowledge, judgment, and nursing skill based upon applied

22  principles of psychological, biological, physical, and social

23  sciences which shall include, but not be limited to:

24         1.  The observation, assessment, nursing diagnosis,

25  planning, intervention, and evaluation of care; health

26  teaching and counseling of the ill, injured, or infirm; and

27  the promotion of wellness, maintenance of health, and

28  prevention of illness of others.

29         2.  The administration of medications and treatments as

30  prescribed or authorized by a duly licensed practitioner

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  authorized by the laws of this state to prescribe such

 2  medications and treatments.

 3         3.  The supervision and teaching of other personnel in

 4  the theory and performance of any of the above acts.

 5         (b)  "Practice of practical nursing" means the

 6  performance of selected acts, including the administration of

 7  treatments and medications, in the care of the ill, injured,

 8  or infirm and the promotion of wellness, maintenance of

 9  health, and prevention of illness of others under the

10  direction of a registered nurse, a licensed physician, a

11  licensed osteopathic physician, a licensed podiatric

12  physician, or a licensed dentist.

13  

14  The professional nurse and the practical nurse shall be

15  responsible and accountable for making decisions that are

16  based upon the individual's educational preparation and

17  experience in nursing.

18         (c)  "Clinical nurse specialist practice" means the

19  delivery and management of expert-level nursing care to

20  individuals or groups, including the ability to:

21         1.  Assess the health status of individuals and

22  families using methods appropriate to the population and area

23  of practice.

24         2.  Diagnose human responses to actual or potential

25  health problems.

26         3.  Plan for health promotion, disease prevention, and

27  therapeutic intervention in collaboration with the patient or

28  client.

29         4.  Implement therapeutic interventions based on the

30  nurse specialist's area of expertise, including, but not

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  limited to, direct nursing care, counseling, teaching, and

 2  collaboration with other licensed health care providers.

 3         5.  Coordinate health care as necessary and appropriate

 4  and evaluate with the patient or client the effectiveness of

 5  care.

 6         (d)(c)  "Advanced or specialized nursing practice"

 7  means, in addition to the practice of professional nursing,

 8  the performance of advanced-level nursing acts approved by the

 9  board which, by virtue of postbasic specialized education,

10  training, and experience, are proper to be performed by an

11  advanced registered nurse practitioner. Within the context of

12  advanced or specialized nursing practice, the advanced

13  registered nurse practitioner may perform acts of nursing

14  diagnosis and nursing treatment of alterations of the health

15  status. The advanced registered nurse practitioner may also

16  perform acts of medical diagnosis and treatment, prescription,

17  and operation which are identified and approved by a joint

18  committee composed of three members appointed by the Board of

19  Nursing, two of whom shall be advanced registered nurse

20  practitioners; three members appointed by the Board of

21  Medicine, two of whom shall have had work experience with

22  advanced registered nurse practitioners; and the secretary of

23  the department or the secretary's designee. Each committee

24  member appointed by a board shall be appointed to a term of 4

25  years unless a shorter term is required to establish or

26  maintain staggered terms. The Board of Nursing shall adopt

27  rules authorizing the performance of any such acts approved by

28  the joint committee. Unless otherwise specified by the joint

29  committee, such acts shall be performed under the general

30  supervision of a practitioner licensed under chapter 458,

31  chapter 459, or chapter 466 within the framework of standing

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  protocols which identify the medical acts to be performed and

 2  the conditions for their performance. The department may, by

 3  rule, require that a copy of the protocol be filed with the

 4  department along with the notice required by s. 458.348.

 5         (e)(d)  "Nursing diagnosis" means the observation and

 6  evaluation of physical or mental conditions, behaviors, signs

 7  and symptoms of illness, and reactions to treatment and the

 8  determination as to whether such conditions, signs, symptoms,

 9  and reactions represent a deviation from normal.

10         (f)(e)  "Nursing treatment" means the establishment and

11  implementation of a nursing regimen for the care and comfort

12  of individuals, the prevention of illness, and the education,

13  restoration, and maintenance of health.

14         (4)  "Registered nurse" means any person licensed in

15  this state to practice professional nursing.

16         (5)  "Licensed practical nurse" means any person

17  licensed in this state to practice practical nursing.

18         (6)  "Clinical nurse specialist" means any person

19  licensed in this state to practice professional nursing and

20  certified in clinical nurse specialist practice.

21         (7)(6)  "Advanced registered nurse practitioner" means

22  any person licensed in this state to practice professional

23  nursing and certified in advanced or specialized nursing

24  practice.

25         (8)(7)  "Approved program" means a nursing program

26  conducted in a school, college, or university which is

27  approved by the board pursuant to s. 464.019 for the education

28  of nurses.

29         Section 2.  Section 464.0115, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         464.0115  Certification of clinical nurse

 2  specialists.--

 3         (1)  Any nurse desiring to be certified as a clinical

 4  nurse specialist shall apply to the department and submit

 5  proof that he or she holds a current license to practice

 6  professional nursing, a master's degree in a clinical nursing

 7  specialty, and current certification in a specialty area as a

 8  clinical nurse specialist from a nationally recognized

 9  certifying body as determined by the board.

10         (2)  The board shall certify, and the department shall

11  issue a certificate to, any nurse meeting the qualifications

12  in this section. The board shall establish an application fee

13  not to exceed $25 and a biennial renewal fee not to exceed

14  $10.

15         (3)  The board may adopt rules pursuant to ss.

16  120.536(1) and 120.54 necessary to implement the provisions of

17  this section.

18         Section 3.  Section 464.0125, Florida Statutes, is

19  created to read:

20         464.0125  Registration of advanced registered nurse

21  practitioners to prescribe medicinal drugs.--

22         (1)  Any advanced registered nurse practitioner

23  certified pursuant to s. 464.012 must register with the board

24  in accordance with this section to prescribe medicinal drugs.

25         (2)  To register to prescribe medicinal drugs that are

26  not controlled substances, an advanced registered nurse

27  practitioner must:

28         (a)  Possess an active and unrestricted license and

29  advanced registered nurse practitioner certification.

30         (b)1.  Possess an active and current certification by

31  an appropriate specialty board; or

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         2.  Submit documentation to the board demonstrating

 2  that the advanced registered nurse practitioner has been

 3  prescribing medicinal drugs for a period of at least 12 months

 4  prior to registration as a prescribing practitioner.

 5         (c)1.  Submit documentation to the board demonstrating

 6  that the advanced registered nurse practitioner has completed

 7  at least 16 contact hours of approved continuing education in

 8  pharmacology during the past 2 years, in addition to the

 9  continuing education required for licensure renewal; or

10         2.  Submit documentation to the board demonstrating

11  that the advanced registered nurse practitioner has been

12  prescribing medicinal drugs for a period of at least 12 months

13  prior to registration as a prescribing practitioner.

14         (d)  Submit a copy of the protocol between the advanced

15  registered nurse practitioner and supervising physician which

16  complies with board rules, identifies the categories of

17  medicinal drugs that the advanced registered nurse

18  practitioner is authorized to prescribe, and requires as an

19  element of general supervision that the advanced registered

20  nurse practitioner meet with the supervising physician at

21  least once every 3 months to review and discuss patient care,

22  prescribed treatments and medications, and care outcomes. The

23  board may by rule establish minimum requirements for this

24  meeting. The protocol must be filed with the initial

25  application for registration under this section, with the

26  application for renewal of license, and at any time there is a

27  change in the protocol or any party to the protocol. For

28  purposes of this section, the supervising physician must have

29  a current and unrestricted license to practice medicine

30  pursuant to chapter 458 or osteopathic medicine pursuant to

31  chapter 459, a primary practice location in this state, and a

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  current and unrestricted federal Drug Enforcement

 2  Administration registration number.

 3         (e)  Agree to maintain adequate medical records

 4  pursuant to board rule that include evidence of a patient

 5  history and physical examination and at a minimum the

 6  following information about each prescription for a medicinal

 7  drug:

 8         1.  Drug name and strength.

 9         2.  Dose.

10         3.  Amount prescribed.

11         4.  Directions for use.

12         5.  Number of refills.

13         6.  The signature of the prescribing practitioner.

14         (f)  Submit a completed registration form and remit a

15  fee set by the board not to exceed $75.

16         (3)  To register to prescribe controlled substances, an

17  advanced registered nurse practitioner must comply with all

18  requirements for registration to prescribe medicinal drugs

19  that are not controlled substances under subsection (2) and

20  must:

21         (a)  Possess a valid mid-level practitioner

22  registration issued by the federal Drug Enforcement

23  Administration and 12 months' experience in prescribing

24  medicinal drugs.

25         (b)  Submit documentation to the board demonstrating

26  that the advanced registered nurse practitioner has completed

27  an approved course in legal and clinical aspects of

28  prescribing controlled substances of not less than 3 contact

29  hours.

30         (c)  Identify, as part of the protocol between the

31  advanced registered nurse practitioner and supervising

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  physician, the schedules of controlled substances that the

 2  advanced registered nurse practitioner is authorized to

 3  prescribe.

 4         (d)  Complete at least 2 contact hours of approved

 5  continuing education in the prescribing of controlled

 6  substances during each 2-year licensure period, in addition to

 7  the continuing education required for licensure renewal. This

 8  continuing education may be part of the 16 hours of continuing

 9  education required pursuant to subsection (4).

10         (4)  To register or renew registration to prescribe

11  medicinal drugs, an advanced registered nurse practitioner

12  must complete at least 16 contact hours of approved continuing

13  education in pharmacology during each 2-year licensure period,

14  in addition to the continuing education required for licensure

15  renewal.

16         (5)  The board shall provide by rule for biennial

17  renewal of registration and a renewal fee not to exceed $25.

18         (6)  Advanced registered nurse practitioners who are

19  certified as certified registered nurse anesthetists pursuant

20  to s. 464.012 are not required to register under this section

21  to provide anesthesia care in accordance with s.

22  464.012(4)(a).

23         (7)  An advanced registered nurse practitioner who

24  registers to prescribe controlled substances may not prescribe

25  controlled substances for personal use or use by any member of

26  the advanced registered nurse practitioner's immediate family.

27         (8)  The board may limit, suspend, or revoke an

28  advanced registered nurse practitioner's registration to

29  prescribe under this section in accordance with the provisions

30  of s. 456.073.

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         (9)  The board may adopt rules pursuant to ss.

 2  120.536(1) and 120.54 to implement the provisions of this

 3  section.

 4         Section 4.  Section 464.015, Florida Statutes, is

 5  amended to read:

 6         464.015  Titles and abbreviations; restrictions;

 7  penalty.--

 8         (1)  Only persons who hold licenses to practice

 9  professional nursing in this state or who are performing

10  nursing services pursuant to the exception set forth in s.

11  464.022(8) shall have the right to use the title "Registered

12  Nurse" and the abbreviation "R.N."

13         (2)  Only persons who hold licenses to practice as

14  licensed practical nurses in this state or who are performing

15  practical nursing services pursuant to the exception set forth

16  in s. 464.022(8) shall have the right to use the title

17  "Licensed Practical Nurse" and the abbreviation "L.P.N."

18         (3)  Only persons who are graduates of approved

19  programs or the equivalent may use the term "Graduate Nurse"

20  and the abbreviation "G.N.," pending the results of the first

21  licensure examination for which they are eligible.

22         (4)  Only persons who are graduates of approved

23  programs or the equivalent may use the term "Graduate

24  Practical Nurse" and the abbreviation "G.P.N.," pending the

25  results of the first licensure examination for which they are

26  eligible.

27         (5)  Only persons who hold valid certificates to

28  practice as clinical nurse specialists in this state shall

29  have the right to use the title "Clinical Nurse Specialist"

30  and the abbreviation "C.N.S."

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         (6)(5)  Only persons who hold valid certificates to

 2  practice as advanced registered nurse practitioners in this

 3  state shall have the right to use the title "Advanced

 4  Registered Nurse Practitioner" and the abbreviation "A.R.N.P."

 5         (7)(6)  No person shall practice or advertise as, or

 6  assume the title of, registered nurse, licensed practical

 7  nurse, clinical nurse specialist, or advanced registered nurse

 8  practitioner or use the abbreviation "R.N.," "L.P.N.,"

 9  "C.N.S.," or "A.R.N.P." or take any other action that would

10  lead the public to believe that person was certified as such

11  or is performing nursing services pursuant to the exception

12  set forth in s. 464.022(8), unless that person is licensed or

13  certified to practice as such.

14         (8)(7)  A violation of this section is a misdemeanor of

15  the first degree, punishable as provided in s. 775.082 or s.

16  775.083.

17         Section 5.  Section 464.016, Florida Statutes, is

18  amended to read:

19         464.016  Violations and penalties.--

20         (1)  Each of the following acts constitutes a felony of

21  the third degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084:

23         (a)  Practicing advanced or specialized, clinical

24  specialty, professional, or practical nursing, as defined in

25  this part, unless holding an active license or certificate to

26  do so.

27         (b)  Using or attempting to use a license or

28  certificate which has been suspended or revoked.

29         (c)  Knowingly employing unlicensed persons in the

30  practice of nursing.

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         (d)  Obtaining or attempting to obtain a license or

 2  certificate under this part by misleading statements or

 3  knowing misrepresentation.

 4         (2)  Each of the following acts constitutes a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083:

 7         (a)  Using the name or title "Nurse," "Registered

 8  Nurse," "Licensed Practical Nurse," "Clinical Nurse

 9  Specialist," "Advanced Registered Nurse Practitioner," or any

10  other name or title which implies that a person was licensed

11  or certified as same, unless such person is duly licensed or

12  certified.

13         (b)  Knowingly concealing information relating to

14  violations of this part.

15         Section 6.  Subsection (19) of section 893.02, Florida

16  Statutes, is amended to read:

17         893.02  Definitions.--The following words and phrases

18  as used in this chapter shall have the following meanings,

19  unless the context otherwise requires:

20         (19)  "Practitioner" means a physician licensed

21  pursuant to chapter 458, a dentist licensed pursuant to

22  chapter 466, a veterinarian licensed pursuant to chapter 474,

23  an osteopathic physician licensed pursuant to chapter 459, a

24  naturopath licensed pursuant to chapter 462, or a podiatric

25  physician licensed pursuant to chapter 461, provided such

26  practitioner holds a valid federal controlled substance

27  registry number. "Practitioner" includes an advanced

28  registered nurse practitioner certified pursuant to s. 464.012

29  who holds a valid mid-level practitioner controlled substance

30  registry number and is registered to prescribe controlled

31  substances pursuant to s. 464.0125.

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         Section 7.  Paragraph (a) of subsection (1) and

 2  subsection (2) of section 458.348, Florida Statutes, are

 3  amended to read:

 4         458.348  Formal supervisory relationships, standing

 5  orders, and established protocols; notice; standards.--

 6         (1)  NOTICE.--

 7         (a)  When a physician enters into a formal supervisory

 8  relationship or standing orders with an emergency medical

 9  technician or paramedic licensed pursuant to s. 401.27, which

10  relationship or orders contemplate the performance of medical

11  acts, or when a physician enters into an established protocol

12  with an advanced registered nurse practitioner, which protocol

13  contemplates the performance of medical acts identified and

14  approved by the joint committee pursuant to s.

15  464.003(3)(d)(c) or acts set forth in s. 464.012(3) and (4),

16  the physician shall submit notice to the board. The notice

17  shall contain a statement in substantially the following form:

18  

19         I, ...  (name and professional license number of

20  physician)  ..., of ...  (address of physician)  ... have

21  hereby entered into a formal supervisory relationship,

22  standing orders, or an established protocol with ...  (number

23  of persons)  ... emergency medical technician(s), ...  (number

24  of persons)  ... paramedic(s), or ...  (number of

25  persons)  ... advanced registered nurse practitioner(s).

26  

27         (2)  ESTABLISHMENT OF STANDARDS BY JOINT

28  COMMITTEE.--The joint committee created by s. 464.003(3)(d)(c)

29  shall determine minimum standards for the content of

30  established protocols pursuant to which an advanced registered

31  nurse practitioner may perform medical acts identified and

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  approved by the joint committee pursuant to s.

 2  464.003(3)(d)(c) or acts set forth in s. 464.012(3) and (4)

 3  and shall determine minimum standards for supervision of such

 4  acts by the physician, unless the joint committee determines

 5  that any act set forth in s. 464.012(3) or (4) is not a

 6  medical act. Such standards shall be based on risk to the

 7  patient and acceptable standards of medical care and shall

 8  take into account the special problems of medically

 9  underserved areas. The standards developed by the joint

10  committee shall be adopted as rules by the Board of Nursing

11  and the Board of Medicine for purposes of carrying out their

12  responsibilities pursuant to part I of chapter 464 and this

13  chapter, respectively, but neither board shall have

14  disciplinary powers over the licensees of the other board.

15         Section 8.  Paragraph (c) of subsection (3) of section

16  464.012, Florida Statutes, is amended to read:

17         464.012  Certification of advanced registered nurse

18  practitioners; fees.--

19         (3)  An advanced registered nurse practitioner shall

20  perform those functions authorized in this section within the

21  framework of an established protocol. A practitioner currently

22  licensed under chapter 458, chapter 459, or chapter 466 shall

23  maintain supervision for directing the specific course of

24  medical treatment. Within the established framework, an

25  advanced registered nurse practitioner may:

26         (c)  Perform additional functions as may be determined

27  by rule in accordance with s. 464.003(3)(d)(c).

28         Section 9.  For the purpose of incorporating the

29  amendment to section 464.016, Florida Statutes, in a

30  references thereto, paragraph (g) of subsection (3) of section

31  921.0022, Florida Statutes, is reenacted to read:

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  

 5  Florida           Felony

 6  Statute           Degree             Description

 7  

 8                     

 9                              (g)  LEVEL 7

10  316.027(1)(b)      2nd      Accident involving death, failure

11                              to stop; leaving scene.

12  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

13                              injury.

14  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

15                              bodily injury.

16  402.319(2)         2nd      Misrepresentation and negligence

17                              or intentional act resulting in

18                              great bodily harm, permanent

19                              disfiguration, permanent

20                              disability, or death.

21  409.920(2)         3rd      Medicaid provider fraud.

22  456.065(2)         3rd      Practicing a health care

23                              profession without a license.

24  456.065(2)         2nd      Practicing a health care

25                              profession without a license

26                              which results in serious bodily

27                              injury.

28  458.327(1)         3rd      Practicing medicine without a

29                              license.

30  459.013(1)         3rd      Practicing osteopathic medicine

31                              without a license.

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 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(1)(c)      3rd      Preparing or dispensing optical

24                              devices without a prescription.

25  484.053            3rd      Dispensing hearing aids without a

26                              license.

27  

28  

29  

30  

31  

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 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).

31  

                                  17

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 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  784.074(1)(a)      1st      Aggravated battery on sexually

17                              violent predators facility staff.

18  784.08(2)(a)       1st      Aggravated battery on a person 65

19                              years of age or older.

20  784.081(1)         1st      Aggravated battery on specified

21                              official or employee.

22  784.082(1)         1st      Aggravated battery by detained

23                              person on visitor or other

24                              detainee.

25  784.083(1)         1st      Aggravated battery on code

26                              inspector.

27  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

29                              of s. 790.07(1) or (2).

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

                                  18

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  790.165(2)         2nd      Manufacture, sell, possess, or

 2                              deliver hoax bomb.

 3  790.165(3)         2nd      Possessing, displaying, or

 4                              threatening to use any hoax bomb

 5                              while committing or attempting to

 6                              commit a felony.

 7  790.166(3)         2nd      Possessing, selling, using, or

 8                              attempting to use a hoax weapon

 9                              of mass destruction.

10  790.166(4)         2nd      Possessing, displaying, or

11                              threatening to use a hoax weapon

12                              of mass destruction while

13                              committing or attempting to

14                              commit a felony.

15  796.03             2nd      Procuring any person under 16

16                              years for prostitution.

17  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

18                              victim less than 12 years of age;

19                              offender less than 18 years.

20  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

21                              victim 12 years of age or older

22                              but less than 16 years; offender

23                              18 years or older.

24  806.01(2)          2nd      Maliciously damage structure by

25                              fire or explosive.

26  810.02(3)(a)       2nd      Burglary of occupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(d)       2nd      Burglary of occupied conveyance;

31                              unarmed; no assault or battery.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  812.014(2)(a)      1st      Property stolen, valued at

 2                              $100,000 or more; cargo stolen

 3                              valued at $50,000 or more;

 4                              property stolen while causing

 5                              other property damage; 1st degree

 6                              grand theft.

 7  812.014(2)(b)3.    2nd      Property stolen, emergency

 8                              medical equipment; 2nd degree

 9                              grand theft.

10  812.0145(2)(a)     1st      Theft from person 65 years of age

11                              or older; $50,000 or more.

12  812.019(2)         1st      Stolen property; initiates,

13                              organizes, plans, etc., the theft

14                              of property and traffics in

15                              stolen property.

16  812.131(2)(a)      2nd      Robbery by sudden snatching.

17  812.133(2)(b)      1st      Carjacking; no firearm, deadly

18                              weapon, or other weapon.

19  817.234(8)(a)      2nd      Solicitation of motor vehicle

20                              accident victims with intent to

21                              defraud.

22  817.234(9)         2nd      Organizing, planning, or

23                              participating in an intentional

24                              motor vehicle collision.

25  817.234(11)(c)     1st      Insurance fraud; property value

26                              $100,000 or more.

27  

28  

29  

30  

31  

                                  20

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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  817.2341(2)(b)&  (3)(b)1st      Making false entries of material

 2                              fact or false statements

 3                              regarding property values

 4                              relating to the solvency of an

 5                              insuring entity which are a

 6                              significant cause of the

 7                              insolvency of that entity.

 8  825.102(3)(b)      2nd      Neglecting an elderly person or

 9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  838.015            2nd      Bribery.

26  838.016            2nd      Unlawful compensation or reward

27                              for official behavior.

28  838.021(3)(a)      2nd      Unlawful harm to a public

29                              servant.

30  838.22             2nd      Bid tampering.

31  872.06             2nd      Abuse of a dead human body.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  893.13(1)(c)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 a

 6                              child care facility, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135  (1)(b)1.a.1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135  (1)(c)1.a.1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30  

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811




 1  893.135  (1)(d)1.  1st      Trafficking in phencyclidine,

 2                              more than 28 grams, less than 200

 3                              grams.

 4  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 5                              than 200 grams, less than 5

 6                              kilograms.

 7  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 8                              than 14 grams, less than 28

 9                              grams.

10  893.135  (1)(g)1.a.1st      Trafficking in flunitrazepam, 4

11                              grams or more, less than 14

12                              grams.

13  893.135  (1)(h)1.a.1st      Trafficking in

14                              gamma-hydroxybutyric acid (GHB),

15                              1 kilogram or more, less than 5

16                              kilograms.

17  893.135  (1)(j)1.a.1st      Trafficking in 1,4-Butanediol, 1

18                              kilogram or more, less than 5

19                              kilograms.

20  893.135  (1)(k)2.a.1st      Trafficking in Phenethylamines,

21                              10 grams or more, less than 200

22                              grams.

23  896.101(5)(a)      3rd      Money laundering, financial

24                              transactions exceeding $300 but

25                              less than $20,000.

26  896.104(4)(a)1.    3rd      Structuring transactions to evade

27                              reporting or registration

28                              requirements, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31         Section 10.  This act shall take effect July 1, 2004.

                                  23

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