Senate Bill sb2072
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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
1
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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
2
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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
3
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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
4
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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
5
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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
7
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Florida Senate - 2004 SB 2072
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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
8
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Florida Senate - 2004 SB 2072
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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
9
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Florida Senate - 2004 SB 2072
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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
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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.
12
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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
13
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Florida Senate - 2004 SB 2072
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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:
14
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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.
15
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Florida Senate - 2004 SB 2072
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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(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
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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).
31
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Florida Senate - 2004 SB 2072
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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.
16 784.074(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.
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Florida Senate - 2004 SB 2072
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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.
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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
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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.
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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
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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.
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