1 | A bill to be entitled |
2 | An act relating to naturopathic medicine; changing the |
3 | title of ch. 462, F.S., from "Naturopathy" to |
4 | "Naturopathic Medicine"; amending s. 462.01, F.S.; |
5 | revising and providing definitions; creating s. 462.0215, |
6 | F.S.; creating the Board of Naturopathic Medicine; |
7 | providing membership and duties of the board; providing |
8 | guidelines for probable cause panels and disciplinary |
9 | decisions; providing applicability of ch. 456, F.S.; |
10 | amending s. 462.023, F.S.; providing powers and duties of |
11 | the board under ch. 462, F.S., including rulemaking |
12 | authority; deleting obsolete language; amending s. 462.08, |
13 | F.S.; conforming terminology; amending s. 462.11, F.S.; |
14 | conforming and correcting terminology; amending s. 462.13, |
15 | F.S.; providing additional powers and duties of the board; |
16 | amending s. 462.14, F.S.; specifying authority of the |
17 | department and the board with respect to disciplinary |
18 | action and revising grounds for disciplinary action with |
19 | respect to such authority; conforming terminology; |
20 | amending s. 462.16, F.S.; specifying authority for setting |
21 | the fee for the reissuance of license under certain |
22 | circumstances; conforming terminology; amending s. 462.17, |
23 | F.S.; conforming terminology; amending s. 462.18, F.S., |
24 | relating to educational requirements; conforming |
25 | terminology; amending s. 462.19, F.S.; increasing the |
26 | maximum amount at which the inactive status fee may be |
27 | set; creating s. 462.193, F.S.; providing requirements for |
28 | licensure as a naturopathic physician; providing fees; |
29 | providing grounds for denying or restricting licenses; |
30 | providing for the applicability of certain rights to |
31 | naturopathic physicians who have certain qualifications; |
32 | creating s. 462.195, F.S.; providing exemptions from |
33 | licensure requirements; amending s. 462.2001, F.S.; |
34 | updating the saving clause; conforming terminology; |
35 | providing that certain rights and privileges of active |
36 | licensees are retained; amending ss. 20.43, 381.0031, |
37 | 468.301, 476.044, 477.0135, 485.003, 486.161, 627.351, |
38 | 893.02, and 921.0022, F.S.; conforming terminology; |
39 | providing an effective date. |
40 |
|
41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
|
43 | Section 1. Chapter 462, Florida Statutes, which is |
44 | entitled "Naturopathy," is redesignated as "Naturopathic |
45 | Medicine." |
46 | Section 2. Section 462.01, Florida Statutes, is amended to |
47 | read: |
48 | 462.01 Definitions.--As used in this chapter, the term: |
49 | (1) "Approved naturopathic medical program" means: |
50 | (a) A naturopathic medical education program in the United |
51 | States accredited by the Council on Naturopathic Medical |
52 | Education or an equivalent federally recognized accrediting body |
53 | for the naturopathic medical profession recognized by the board. |
54 | This program shall offer graduate-level full-time didactic and |
55 | supervised clinical training leading to the degree of Doctor of |
56 | Naturopathic Medicine. Additionally, the program shall be an |
57 | institution, or part of an institution, of higher education that |
58 | is either accredited or is a candidate for accreditation by an |
59 | institutional accrediting agency recognized by the United States |
60 | Secretary of Education; or |
61 | (b) A degree-granting college or university that is |
62 | reputable and in good standing in the judgment of the board and |
63 | that offers a full-time structured curriculum in basic sciences |
64 | and supervised patient care comprising a doctoral naturopathic |
65 | medical education. As a prerequisite to graduation, a student |
66 | shall be enrolled for not less than 132 weeks and shall complete |
67 | the course of study within a period of not less than 35 months. |
68 | (2) "Board" means the Board of Naturopathic Medicine. |
69 | (3)(2) "Department" means the Department of Health. |
70 | (4) "Doctor of naturopathic medicine," "naturopathic |
71 | doctor," or "naturopathic physician" means a person licensed to |
72 | practice naturopathic medicine under this chapter. |
73 | (5) "Minor surgeries and procedures" means the excision of |
74 | skin lesions, moles, warts, cysts, and limpomas, the repair of |
75 | lacerations, or surgery limited to the skin and subcutaneous |
76 | tissue performed under topical or local anesthesia and which |
77 | does not involve a drug-induced alteration of consciousness |
78 | other than preoperative tranquilization. |
79 | (6)(1) "Natureopathy" and "Naturopathy" and "naturopathic |
80 | medicine" shall be construed as synonymous terms and mean a |
81 | distinct and comprehensive system of primary health care for the |
82 | prevention, diagnosis, and treatment of human health conditions, |
83 | injuries, and disease; the promotion or restoration of health; |
84 | and the support and stimulation of a patient's self-healing |
85 | processes through patient education and use of natural therapies |
86 | and therapeutic substances. A doctor of naturopathic medicine |
87 | employs the use and practice of psychological, mechanical, and |
88 | material health sciences to aid in purifying, cleansing, and |
89 | normalizing human tissues for the preservation or restoration of |
90 | health, according to the fundamental principles of anatomy, |
91 | physiology, and applied psychology, as may be required. |
92 | Naturopathic medicine practice employs, among other agencies, |
93 | phytotherapy, dietetics, psychotherapy, suggestotherapy, |
94 | hydrotherapy, zone therapy, biochemistry, external applications, |
95 | electrotherapy, mechanotherapy, mechanical and electrical |
96 | appliances, hygiene, first aid, sanitation, minor surgeries and |
97 | procedures, administration of vitamins, food, and food |
98 | supplements, and heliotherapy.; provided, However, that nothing |
99 | in this chapter shall be held or construed to authorize any |
100 | doctor of naturopathic medicine, naturopathic doctor, or |
101 | naturopathic physician licensed under this chapter hereunder to |
102 | practice materia medica, or surgery, or chiropractic medicine, |
103 | acupuncture, oriental medicine, child birth attendance, or |
104 | midwifery, nor shall the provisions of this chapter law in any |
105 | manner apply to or affect the practice of osteopathic medicine, |
106 | chiropractic medicine, Christian Science, the examination, |
107 | diagnosis, and treatment of teeth and gums, or any other |
108 | treatment authorized and provided for by law for the cure or |
109 | prevention of disease and ailments. |
110 | Section 3. Section 462.0215, Florida Statutes, is created |
111 | to read: |
112 | 462.0215 Board of Naturopathic Medicine.-- |
113 | (1) There is created within the department the Board of |
114 | Naturopathic Medicine, composed of seven members appointed by |
115 | the Governor and confirmed by the Senate. |
116 | (2)(a) Five members of the board must be: |
117 | 1. Licensed doctors of naturopathic medicine or |
118 | naturopathic physicians in good standing in this state who are |
119 | residents of the state and who have been engaged in the practice |
120 | of naturopathic medicine for at least 5 years; or |
121 | 2. Persons who have been teaching naturopathic medicine |
122 | and who hold a doctorate of naturopathic medicine from an |
123 | institution accredited by an accrediting agency recognized by |
124 | the United States Secretary of Education. |
125 | (b) The remaining two members of the board must be |
126 | residents of the state who are not and never have been licensed |
127 | health care practitioners. |
128 | (c) At least one member of the board must be 60 years of |
129 | age or older. |
130 | (3) For the purpose of staggering terms, the Governor |
131 | shall initially appoint to the board three members for terms of |
132 | 4 years each, two members for terms of 3 years each, and two |
133 | members for terms of 2 years each. As the terms of board members |
134 | expire, the Governor shall appoint successors for terms of 4 |
135 | years and such members shall serve until their successors are |
136 | appointed. |
137 | (4) The board, in conjunction with the department, shall |
138 | establish a disciplinary training program for members of the |
139 | board. The program shall provide for initial and periodic |
140 | training in the grounds for disciplinary action, the actions |
141 | that may be taken by the board and the department, changes in |
142 | relevant statutes and rules, and any relevant judicial and |
143 | administrative decisions. A member of the board may not |
144 | participate on a probable cause panel or in a disciplinary |
145 | decision of the board unless she or he has completed the |
146 | disciplinary training program. |
147 | (5) During the time members of the board serve on a |
148 | probable cause panel, they shall attempt to complete their work |
149 | on every case presented to them. If consideration of a case is |
150 | begun but is not completed during the term of the board members |
151 | on the panel, they may reconvene as a probable cause panel for |
152 | the purpose of completing their deliberations on that case. |
153 | (6) All provisions of chapter 456 relating to activities |
154 | of the board are applicable. |
155 | Section 4. Section 462.023, Florida Statutes, is amended |
156 | to read: |
157 | 462.023 Powers and duties of the board and the |
158 | department.--The board and the department may adopt such rules |
159 | as are necessary to carry out the purposes of this chapter, may |
160 | initiate disciplinary action as provided by this chapter, and |
161 | shall establish fees as provided by this chapter based on their |
162 | its estimates of the revenue required to administer this chapter |
163 | provided the fees do but shall not exceed the fee amounts |
164 | provided in this chapter. The department shall not adopt any |
165 | rules which would cause any person who was not licensed in |
166 | accordance with this chapter on July 1, 1959, and had not been a |
167 | resident of the state for 2 years prior to such date, to become |
168 | licensed. |
169 | Section 5. Section 462.08, Florida Statutes, is amended to |
170 | read: |
171 | 462.08 Renewal of license to practice naturopathic |
172 | medicine naturopathy.--Each licensee licenseholder shall |
173 | biennially renew her or his license to practice naturopathic |
174 | medicine naturopathy. The applicant must furnish to the board |
175 | department such evidence as it requires of the applicant's |
176 | compliance with s. 462.18, relating to educational requirements. |
177 | The biennial renewal fee, the amount of which shall be |
178 | determined by the board department but which may not exceed |
179 | $1,000, must be paid at the time the application for renewal of |
180 | the license is filed. |
181 | Section 6. Section 462.11, Florida Statutes, is amended to |
182 | read: |
183 | 462.11 Doctors of naturopathic medicine, naturopathic |
184 | doctors, or naturopathic physicians Naturopaths to observe |
185 | regulations.--Doctors of naturopathic medicine, naturopathic |
186 | doctors, or naturopathic physicians naturopathy shall observe |
187 | and be subject to all state, county, and municipal regulations |
188 | in regard to the control of contagious and infectious diseases, |
189 | the reporting of births and deaths, and to any and all other |
190 | matters pertaining to the public health in the same manner as is |
191 | required of other practitioners of the healing arts art. |
192 | Section 7. Section 462.13, Florida Statutes, is amended to |
193 | read: |
194 | 462.13 Additional powers and duties of the department and |
195 | the board.--The department and the board may administer oaths, |
196 | summon witnesses, and take testimony in all matters relating to |
197 | their its duties pursuant to this chapter. Every unrevoked |
198 | license shall be presumptive evidence in all courts and places |
199 | that the person therein named is legally licensed to practice |
200 | naturopathic medicine naturopathy. The department and the board |
201 | shall aid the prosecuting attorneys of the state in the |
202 | enforcement of this chapter. |
203 | Section 8. Section 462.14, Florida Statutes, is amended to |
204 | read: |
205 | 462.14 Grounds for disciplinary action; action by the |
206 | department or the board.-- |
207 | (1) The following acts constitute grounds for denial of a |
208 | license or disciplinary action, as specified in s. 456.072(2): |
209 | (a) Attempting to obtain, obtaining, or renewing a license |
210 | to practice naturopathic medicine by bribery, by fraudulent |
211 | misrepresentation, or through an error of the department or the |
212 | board. |
213 | (b) Having a license to practice naturopathic medicine |
214 | revoked, suspended, or otherwise acted against, including the |
215 | denial of licensure, by the licensing authority of another |
216 | state, territory, or country. |
217 | (c) Being convicted or found guilty, regardless of |
218 | adjudication, of a crime in any jurisdiction which directly |
219 | relates to the practice of naturopathic medicine or to the |
220 | ability to practice naturopathic medicine. Any plea of nolo |
221 | contendere shall be considered a conviction for purposes of this |
222 | chapter. |
223 | (d) False, deceptive, or misleading advertising. |
224 | (e) Advertising, practicing, or attempting to practice |
225 | under a name other than one's own. |
226 | (f) Failing to report to the department any person who the |
227 | licensee knows is in violation of this chapter or of the rules |
228 | of the department or the board. |
229 | (g) Aiding, assisting, procuring, or advising any |
230 | unlicensed person to practice naturopathic medicine contrary to |
231 | this chapter or to a rule of the department or the board. |
232 | (h) Failing to perform any statutory or legal obligation |
233 | placed upon a licensed doctor of naturopathic medicine, |
234 | naturopathic doctor, or naturopathic physician. |
235 | (i) Making or filing a report which the licensee knows to |
236 | be false, intentionally or negligently failing to file a report |
237 | or record required by state or federal law, willfully impeding |
238 | or obstructing such filing or inducing another person to do so. |
239 | Such reports or records shall include only those which are |
240 | signed in the capacity as a licensed doctor of naturopathic |
241 | medicine, naturopathic doctor, or naturopathic physician. |
242 | (j) Paying or receiving any commission, bonus, kickback, |
243 | or rebate, or engaging in any split-fee arrangement in any form |
244 | whatsoever with a physician, organization, agency, or person, |
245 | either directly or indirectly, for patients referred to |
246 | providers of health care goods and services, including, but not |
247 | limited to, hospitals, nursing homes, clinical laboratories, |
248 | ambulatory surgical centers, or pharmacies. The provisions of |
249 | this paragraph shall not be construed to prevent a doctor of |
250 | naturopathic medicine, naturopathic doctor, or naturopathic |
251 | physician from receiving a fee for professional consultation |
252 | services. |
253 | (k) Exercising influence within a patient-physician |
254 | relationship for purposes of engaging a patient in sexual |
255 | activity. A patient shall be presumed to be incapable of giving |
256 | free, full, and informed consent to sexual activity with her or |
257 | his physician. |
258 | (l) Making deceptive, untrue, or fraudulent |
259 | representations in the practice of naturopathic medicine or |
260 | employing a trick or scheme in the practice of naturopathic |
261 | medicine when such scheme or trick fails to conform to the |
262 | generally prevailing standards of treatment in the medical |
263 | community. |
264 | (m) Soliciting patients, either personally or through an |
265 | agent, through the use of fraud, intimidation, undue influence, |
266 | or a form of overreaching or vexatious conduct. A "solicitation" |
267 | is any communication which directly or implicitly requests an |
268 | immediate oral response from the recipient. |
269 | (n) Failing to keep written medical records justifying the |
270 | course of treatment of the patient, including, but not limited |
271 | to, patient histories, examination results, test results, X |
272 | rays, and records of the prescribing, dispensing, and |
273 | administering of drugs. |
274 | (o) Exercising influence on the patient or client in such |
275 | a manner as to exploit the patient or client for the financial |
276 | gain of the licensee or of a third party, which shall include, |
277 | but not be limited to, the promoting or selling of services, |
278 | goods, appliances, or drugs and the promoting or advertising on |
279 | any prescription form of a community pharmacy unless the form |
280 | also states "This prescription may be filled at any pharmacy of |
281 | your choice." |
282 | (p) Performing professional services which have not been |
283 | duly authorized by the patient or client, or her or his legal |
284 | representative, except as provided in s. 743.064, s. 766.103, or |
285 | s. 768.13. |
286 | (q) Prescribing, dispensing, administering, mixing, or |
287 | otherwise preparing a legend drug, including any controlled |
288 | substance, other than in the course of the doctor of |
289 | naturopathic medicine's, naturopathic doctor's, or naturopathic |
290 | physician's professional practice. For the purposes of this |
291 | paragraph, it shall be legally presumed that prescribing, |
292 | dispensing, administering, mixing, or otherwise preparing legend |
293 | drugs, including all controlled substances, inappropriately or |
294 | in excessive or inappropriate quantities is not in the best |
295 | interest of the patient and is not in the course of the doctor |
296 | of naturopathic medicine's, naturopathic doctor's, or |
297 | naturopathic physician's professional practice, without regard |
298 | to her or his intent. |
299 | (r) Prescribing, dispensing, or administering any |
300 | medicinal drug appearing on any schedule set forth in chapter |
301 | 893 by the doctor of naturopathic medicine, naturopathic doctor, |
302 | or naturopathic physician to herself or himself, except one |
303 | prescribed, dispensed, or administered to the doctor of |
304 | naturopathic medicine, naturopathic doctor, or naturopathic |
305 | physician by another practitioner authorized to prescribe, |
306 | dispense, or administer medicinal drugs. |
307 | (s) Being unable to practice naturopathic medicine with |
308 | reasonable skill and safety to patients by reason of illness or |
309 | use of alcohol, drugs, narcotics, chemicals, or any other type |
310 | of material or as a result of any mental or physical condition. |
311 | In enforcing this paragraph, the department shall have, upon |
312 | probable cause, authority to compel a doctor of naturopathic |
313 | medicine, naturopathic doctor, or naturopathic physician to |
314 | submit to a mental or physical examination by physicians |
315 | designated by the department. The failure of a doctor of |
316 | naturopathic medicine, naturopathic doctor, or naturopathic |
317 | physician to submit to such an examination when so directed |
318 | shall constitute an admission of the allegations against her or |
319 | him upon which a default and final order may be entered without |
320 | the taking of testimony or presentation of evidence, unless the |
321 | failure was due to circumstances beyond the doctor of |
322 | naturopathic medicine's, naturopathic doctor's, or naturopathic |
323 | physician's control. A doctor of naturopathic medicine, |
324 | naturopathic doctor, or naturopathic physician affected under |
325 | this paragraph shall at reasonable intervals be afforded an |
326 | opportunity to demonstrate that she or he can resume the |
327 | competent practice of naturopathic medicine with reasonable |
328 | skill and safety to patients. In any proceeding under this |
329 | paragraph, neither the record of proceedings nor the orders |
330 | entered by the department may be used against a doctor of |
331 | naturopathic medicine, naturopathic doctor, or naturopathic |
332 | physician in any other proceeding. |
333 | (t) Gross or repeated malpractice or the failure to |
334 | practice naturopathic medicine with that level of care, skill, |
335 | and treatment which is recognized by a reasonably prudent |
336 | similar physician as being acceptable under similar conditions |
337 | and circumstances. The board department shall give great weight |
338 | to the provisions of s. 766.102 when enforcing this paragraph. |
339 | (u) Performing any procedure or prescribing any therapy |
340 | which, by the prevailing standards of medical practice in the |
341 | community, constitutes experimentation on a human subject, |
342 | without first obtaining full, informed, and written consent. |
343 | (v) Practicing or offering to practice beyond the scope |
344 | permitted by law or accepting and performing professional |
345 | responsibilities which the licensee knows or has reason to know |
346 | that she or he is not competent to perform. |
347 | (w) Delegating professional responsibilities to a person |
348 | when the licensee delegating such responsibilities knows or has |
349 | reason to know that such person is not qualified by training, |
350 | experience, or licensure to perform them. |
351 | (x) Violating a lawful order of the department or the |
352 | board previously entered in a disciplinary hearing or failing to |
353 | comply with a lawfully issued subpoena of the department. |
354 | (y) Conspiring with another licensee or with any other |
355 | person to commit an act, or committing an act, which would tend |
356 | to coerce, intimidate, or preclude another licensee from |
357 | lawfully advertising her or his services. |
358 | (z) Procuring, or aiding or abetting in the procuring of, |
359 | an unlawful termination of pregnancy. |
360 | (aa) Presigning blank prescription forms. |
361 | (bb) Prescribing by the doctor of naturopathic medicine, |
362 | naturopathic doctor, or naturopathic physician for office use |
363 | any controlled substance medicinal drug appearing on Schedule I, |
364 | Schedule II, or Schedule III in chapter 893. |
365 | (cc) Prescribing, ordering, dispensing, administering, |
366 | supplying, selling, or giving any drug which is an amphetamine |
367 | or sympathomimetic amine drug, or a compound designated pursuant |
368 | to chapter 893 as a Schedule II controlled substance to or for |
369 | any person except for: |
370 | 1. The treatment of narcolepsy; hyperkinesis; behavioral |
371 | syndrome in children characterized by the developmentally |
372 | inappropriate symptoms of moderate to severe distractability, |
373 | short attention span, hyperactivity, emotional lability, and |
374 | impulsivity; or drug-induced brain dysfunction. |
375 | 2. The differential diagnostic psychiatric evaluation of |
376 | depression or the treatment of depression shown to be refractory |
377 | to other therapeutic modalities. |
378 | 3. The clinical investigation of the effects of such drugs |
379 | or compounds when an investigative protocol therefor is |
380 | submitted to, reviewed, and approved by the board department |
381 | before such investigation is begun. |
382 | (dd) Prescribing, ordering, dispensing, administering, |
383 | supplying, selling, or giving growth hormones, testosterone or |
384 | its analogs, human chorionic gonadotropin (HCG), or other |
385 | hormones for the purpose of muscle building or to enhance |
386 | athletic performance. For the purposes of this subsection, the |
387 | term "muscle building" does not include the treatment of injured |
388 | muscle. A prescription written for the drug products listed |
389 | above may be dispensed by the pharmacist with the presumption |
390 | that the prescription is for legitimate medical use. |
391 | (ee) Violating any provision of this chapter or chapter |
392 | 456, or any rules adopted pursuant thereto. |
393 | (2) The board department may enter an order denying |
394 | licensure or imposing any of the penalties in s. 456.072(2) |
395 | against any applicant for licensure or licensee who is found |
396 | guilty of violating any provision of subsection (1) of this |
397 | section or who is found guilty of violating any provision of s. |
398 | 456.072(1). |
399 | (3) The board department shall not reinstate the license |
400 | of a doctor of naturopathic medicine, naturopathic doctor, or |
401 | naturopathic physician until such time as the board department |
402 | is satisfied that such person has complied with all the terms |
403 | and conditions set forth in the final order and that such person |
404 | is capable of safely engaging in the practice of naturopathic |
405 | medicine. |
406 | (4) The board department shall by rule establish |
407 | guidelines for the disposition of disciplinary cases involving |
408 | specific types of violations. Such guidelines may include |
409 | minimum and maximum fines, periods of supervision or probation, |
410 | or conditions of probation or reissuance of a license. |
411 | Section 9. Section 462.16, Florida Statutes, is amended to |
412 | read: |
413 | 462.16 Reissue of license.--Any person who practices |
414 | naturopathic medicine shall practice naturopathy after her or |
415 | his license has been revoked and registration annulled shall be |
416 | deemed to have practiced naturopathic medicine naturopathy |
417 | without a license; provided, however, at any time after 6 months |
418 | after the date of license revocation said conviction, the |
419 | department may grant a license to the person affected, restoring |
420 | to her or him all the rights and privileges of and pertaining to |
421 | the practice of naturopathic medicine naturopathy as defined and |
422 | regulated by this chapter. The fee therefor shall be set by the |
423 | board not to exceed $250. |
424 | Section 10. Section 462.17, Florida Statutes, is amended |
425 | to read: |
426 | 462.17 Penalty for offenses relating to naturopathic |
427 | medicine naturopathy.--Any person who shall: |
428 | (1) Sell, fraudulently obtain, or furnish any naturopathic |
429 | diploma, license, record, or registration or aid or abet in the |
430 | same; |
431 | (2) Practice naturopathic medicine naturopathy under the |
432 | cover of any diploma, license, record, or registration illegally |
433 | or fraudulently obtained or secured or issued unlawfully or upon |
434 | fraudulent representations; |
435 | (3) Advertise to practice naturopathic medicine |
436 | naturopathy under a name other than her or his own or under an |
437 | assumed name; |
438 | (4) Falsely impersonate another practitioner of a like or |
439 | different name; |
440 | (5) Practice or advertise to practice naturopathic |
441 | medicine naturopathy or use in connection with her or his name |
442 | any designation tending to imply or to designate the person as a |
443 | practitioner of naturopathic medicine naturopathy without then |
444 | being lawfully licensed and authorized to practice naturopathic |
445 | medicine naturopathy in this state; or |
446 | (6) Practice naturopathic medicine naturopathy during the |
447 | time her or his license is suspended or revoked |
448 |
|
449 | commits shall be guilty of a felony of the third degree, |
450 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
451 | Section 11. Section 462.18, Florida Statutes, is amended |
452 | to read: |
453 | 462.18 Educational requirements.-- |
454 | (1) At the time each licensee shall renew her or his |
455 | license as otherwise provided in this chapter, each licensee, |
456 | beginning with the license renewal due May 1, 1944, in addition |
457 | to the payment of the regular renewal fee, shall furnish to the |
458 | board department satisfactory evidence that, in the year |
459 | preceding each such application for renewal, the licensee has |
460 | attended the 2-day educational program as promulgated and |
461 | conducted by the Florida Naturopathic Physicians Association, |
462 | Inc., or, as a substitute therefor, the equivalent of that |
463 | program as approved by the board department. The department |
464 | shall send a written notice to this effect to every person |
465 | holding a valid license to practice naturopathic medicine |
466 | naturopathy within this state at least 30 days prior to May 1 in |
467 | each biennial year, directed to the last known address of such |
468 | licensee, and shall enclose with the notice proper blank forms |
469 | for application for annual license renewal. All of the details |
470 | and requirements of the aforesaid educational program shall be |
471 | adopted and prescribed by the board department. In the event of |
472 | national emergencies, or for sufficient reason, the board may |
473 | department shall have the power to excuse the naturopathic |
474 | physicians as a group or as individuals from taking this |
475 | postgraduate course. |
476 | (2) The determination of whether a substitute annual |
477 | educational program is necessary shall be solely within the |
478 | discretion of the board department. |
479 | Section 12. Subsection (3) of section 462.19, Florida |
480 | Statutes, is amended to read: |
481 | 462.19 Renewal of license; inactive status.-- |
482 | (3) A licensee may request that her or his license be |
483 | placed in an inactive status by making application to the |
484 | department and paying a fee in an amount set by the department |
485 | not to exceed $100 $50. |
486 | Section 13. Section 462.193, Florida Statutes, is created |
487 | to read: |
488 | 462.193 Licensure by examination; requirements; fees.-- |
489 | (1) Any person desiring to be licensed as a doctor of |
490 | naturopathic medicine, naturopathic doctor, or naturopathic |
491 | physician shall apply to the department on forms furnished by |
492 | the department. The department shall license each applicant who |
493 | the board certifies: |
494 | (a) Has completed the application form and remitted a |
495 | nonrefundable application fee set by the board not to exceed |
496 | $500. |
497 | (b) Is at least 21 years of age. |
498 | (c) Is of good moral character. |
499 | (d) Has not committed any act or offense in this or any |
500 | other jurisdiction which would constitute the basis for |
501 | disciplining a doctor of naturopathic medicine, naturopathic |
502 | doctor, or naturopathic physician pursuant to s. 462.14. |
503 | (e) Has been awarded a bachelor's degree from an |
504 | institution holding accreditation from a regional accrediting |
505 | agency recognized by the United States Secretary of Education, |
506 | and which program included, at a minimum and as determined by |
507 | rule of the board, courses in such fields as anatomy, biology, |
508 | and chemistry prior to entering naturopathic medical school. |
509 | (f) Meets one of the following naturopathic medical |
510 | education and postgraduate training requirements: |
511 | 1. Is a graduate of an approved naturopathic medical |
512 | program; |
513 | 2. Is a graduate of an approved school of naturopathic |
514 | medicine which is licensed by the Florida Commission for |
515 | Independent Education to grant the degree of Doctor of |
516 | Naturopathic Medicine; or |
517 | 3. Is a graduate of a foreign medical school certified by |
518 | the Educational Commission for Foreign Medical Graduates (ECFMG) |
519 | to be examined in the basic and clinical medical sciences, or a |
520 | graduate of an accredited United States allopathic, |
521 | chiropractic, or osteopathic medical school, and has completed a |
522 | 2-year course in naturopathic medicine from an approved |
523 | naturopathic medical program. |
524 | (g) Has submitted to the department a set of fingerprints |
525 | on a form and in accordance with procedures specified by the |
526 | department, along with payment in an amount equal to the costs |
527 | incurred by the department for the criminal background check of |
528 | the applicant. |
529 | (h) Has obtained a passing score on a competency-based |
530 | national naturopathic licensing examination, including the |
531 | examination on minor surgery, administered by the North American |
532 | Board of Naturopathic Examiners or an equivalent agency |
533 | recognized by the board. For graduates of approved naturopathic |
534 | schools as defined in s. 462.01(1)(b), eligibility for licensure |
535 | may be granted upon presentation of evidence of successful |
536 | passage of a board-approved state competency examination or a |
537 | Canadian provincial examination. For graduates of foreign |
538 | medical schools or allopathic, osteopathic, or chiropractic |
539 | medical schools who have completed a 2-year course in |
540 | naturopathic medicine from an approved naturopathic medical |
541 | program, eligibility for licensure may be granted upon |
542 | presentation of evidence of successful passage of the applicable |
543 | medical examinations, parts one and two. |
544 | (i) Has completed an approved internship or residency of |
545 | at least 1 year. |
546 | (j) Is physically and mentally fit to practice as a doctor |
547 | of naturopathic medicine, naturopathic doctor, or naturopathic |
548 | physician. |
549 | (k) Has not had her or his license to practice any |
550 | profession refused, revoked, or suspended by any other state, |
551 | district, or territory of the United States or another country |
552 | for reasons that relate to her or his ability to skillfully and |
553 | safely practice as a doctor of naturopathic medicine, |
554 | naturopathic doctor, or naturopathic physician in this state. |
555 | (l) Has not been found guilty of a felony. |
556 | (2) As prescribed by board rule, the board may require an |
557 | applicant who does not pass the licensing examination after five |
558 | attempts to complete additional remedial education or training. |
559 | The board shall prescribe the additional requirements in a |
560 | manner that permits the applicant to complete the requirements |
561 | and be reexamined within 2 years after the date the applicant |
562 | petitions the board to retake the examination a sixth or |
563 | subsequent time. |
564 | (3) The department and the board shall ensure that |
565 | applicants for licensure meet the criteria in subsection (1) |
566 | through an investigative process. When the investigation is not |
567 | completed within the time set out in s. 120.60(1) and the |
568 | department or board has reason to believe that the applicant |
569 | does not meet the criteria, the secretary or the secretary's |
570 | designee may issue a 90-day licensure delay, which must be in |
571 | writing and sufficient to notify the applicant of the reason for |
572 | the delay. This subsection controls over any conflicting |
573 | provisions of s. 120.60(1). |
574 | (4) The board may not certify to the department for |
575 | licensure any applicant who is under investigation in another |
576 | jurisdiction for an offense that would constitute a violation of |
577 | this chapter until the investigation has been completed. Upon |
578 | completion of the investigation, s. 462.14 applies. Furthermore, |
579 | the department may not issue an unrestricted license to any |
580 | individual who has committed an act or offense in any |
581 | jurisdiction which would constitute the basis for disciplining a |
582 | doctor of naturopathic medicine, naturopathic doctor, or |
583 | naturopathic physician under s. 462.14. If the board finds that |
584 | an individual has committed an act or offense in any |
585 | jurisdiction which would constitute the basis for disciplining a |
586 | doctor of naturopathic medicine, naturopathic doctor, or |
587 | naturopathic physician under s. 462.14, the board may enter an |
588 | order imposing one or more of the sanctions set forth in |
589 | subsection (7). |
590 | (5) Each applicant who meets the requirements of this |
591 | chapter shall be licensed as a doctor of naturopathic medicine, |
592 | naturopathic doctor, or naturopathic physician, with rights as |
593 | defined by law. |
594 | (6) Upon certification by the board, the department shall |
595 | impose conditions, limitations, or restrictions on a license if |
596 | the applicant is on probation in another jurisdiction for an act |
597 | that would constitute a violation of this chapter. |
598 | (7) If the board determines that an applicant for |
599 | licensure has failed to meet, to the board's satisfaction, any |
600 | of the applicable requirements set forth in this section, it may |
601 | enter an order that imposes one or more of the following |
602 | sanctions: |
603 | (a) Refusal to certify to the department an application |
604 | for licensure. |
605 | (b) Certification to the department of an application for |
606 | licensure with restrictions on the scope of practice of the |
607 | doctor of naturopathic medicine, naturopathic doctor, or |
608 | naturopathic physician. |
609 | (c) Certification to the department of an application for |
610 | licensure with placement of the doctor of naturopathic medicine, |
611 | naturopathic doctor, or naturopathic physician on probation for |
612 | a period of time and subject to such conditions as the board |
613 | specifies, including, but not limited to, requiring the doctor |
614 | of naturopathic medicine, naturopathic doctor, or naturopathic |
615 | physician to submit to treatment, attend continuing education |
616 | courses, submit to reexamination, or work under the supervision |
617 | of another doctor of naturopathic medicine, naturopathic doctor, |
618 | or naturopathic physician. |
619 | (8) A physician who holds the doctor of medicine or doctor |
620 | of osteopathy degree, who has completed a 1-year internship |
621 | approved by the American Medical Association or the American |
622 | Osteopathic Association, and who is licensed under this section |
623 | as a doctor of naturopathic medicine, naturopathic doctor, or |
624 | naturopathic physician has rights and privileges equal to those |
625 | of physicians licensed under chapter 458 or chapter 459. |
626 | Section 14. Section 462.195, Florida Statutes, is created |
627 | to read: |
628 | 462.195 Exemptions from naturopathic licensure |
629 | requirements.--Licensure requirements for practitioners of |
630 | naturopathic medicine under this chapter are inapplicable to: |
631 | (1) Any individual who is engaged in selling vitamins, |
632 | health foods, dietary supplements, herbs, or other products of |
633 | nature, the sale of which is not otherwise prohibited under |
634 | state or federal law. This exemption does not: |
635 | (a) Allow a person to diagnose any human disease, ailment, |
636 | injury, infirmity, deformity, pain, or other condition; or |
637 | (b) Prohibit providing information regarding any of the |
638 | products listed in this subsection, which information is |
639 | truthful and is not misleading. |
640 | (2) Any individual who is: |
641 | (a) Engaged in good faith in the practice of the religious |
642 | tenets of any church or religious belief, without the use of |
643 | prescription drugs; or |
644 | (b) Acting in good faith for religious reasons as a matter |
645 | of conscience or on the basis of a personal belief when |
646 | obtaining or providing information regarding health care and the |
647 | use of any product. |
648 | (3) Any individual who is administering a domestic or |
649 | family remedy. |
650 | (4) No provision of this chapter shall be construed to |
651 | prohibit a physician licensed under chapter 458; an osteopathic |
652 | physician licensed under chapter 459; a chiropractic physician |
653 | licensed under chapter 460; a podiatric physician licensed under |
654 | chapter 461; an optometrist licensed under chapter 463; an |
655 | advanced registered nurse practitioner, registered nurse, or |
656 | licensed practical nurse licensed under part I of chapter 464; |
657 | an occupational therapist licensed under part III of chapter |
658 | 468; a massage therapist licensed under chapter 480; a physical |
659 | therapist licensed under chapter 486; a psychologist licensed |
660 | under chapter 490; or a clinical social worker, marriage and |
661 | family therapist, or mental health counselor licensed under |
662 | chapter 491 from the lawful practice of her or his profession. |
663 | Section 15. Section 462.2001, Florida Statutes, is amended |
664 | to read: |
665 | 462.2001 Saving clause.--All licenses to practice |
666 | naturopathic medicine naturopathy issued pursuant to this |
667 | chapter and valid on July 1, 2005 October 1, 1985, shall remain |
668 | in full force and effect. |
669 | Section 16. Doctors of naturopathic medicine, naturopathic |
670 | doctors, or naturopathic physicians who hold a license on the |
671 | effective date of this act shall retain the same rights and |
672 | privileges as they had before implementation of the amendments |
673 | to chapter 462, Florida Statutes, by this act. |
674 | Section 17. Paragraph (g) of subsection (3) of section |
675 | 20.43, Florida Statutes, is amended to read: |
676 | 20.43 Department of Health.--There is created a Department |
677 | of Health. |
678 | (3) The following divisions of the Department of Health |
679 | are established: |
680 | (g) Division of Medical Quality Assurance, which is |
681 | responsible for the following boards and professions established |
682 | within the division: |
683 | 1. The Board of Acupuncture, created under chapter 457. |
684 | 2. The Board of Medicine, created under chapter 458. |
685 | 3. The Board of Osteopathic Medicine, created under |
686 | chapter 459. |
687 | 4. The Board of Chiropractic Medicine, created under |
688 | chapter 460. |
689 | 5. The Board of Podiatric Medicine, created under chapter |
690 | 461. |
691 | 6. The Board of Naturopathic Medicine Naturopathy, created |
692 | as provided under chapter 462. |
693 | 7. The Board of Optometry, created under chapter 463. |
694 | 8. The Board of Nursing, created under part I of chapter |
695 | 464. |
696 | 9. Nursing assistants, as provided under part II of |
697 | chapter 464. |
698 | 10. The Board of Pharmacy, created under chapter 465. |
699 | 11. The Board of Dentistry, created under chapter 466. |
700 | 12. Midwifery, as provided under chapter 467. |
701 | 13. The Board of Speech-Language Pathology and Audiology, |
702 | created under part I of chapter 468. |
703 | 14. The Board of Nursing Home Administrators, created |
704 | under part II of chapter 468. |
705 | 15. The Board of Occupational Therapy, created under part |
706 | III of chapter 468. |
707 | 16. Respiratory therapy, as provided under part V of |
708 | chapter 468. |
709 | 17. Dietetics and nutrition practice, as provided under |
710 | part X of chapter 468. |
711 | 18. The Board of Athletic Training, created under part |
712 | XIII of chapter 468. |
713 | 19. The Board of Orthotists and Prosthetists, created |
714 | under part XIV of chapter 468. |
715 | 20. Electrolysis, as provided under chapter 478. |
716 | 21. The Board of Massage Therapy, created under chapter |
717 | 480. |
718 | 22. The Board of Clinical Laboratory Personnel, created |
719 | under part III of chapter 483. |
720 | 23. Medical physicists, as provided under part IV of |
721 | chapter 483. |
722 | 24. The Board of Opticianry, created under part I of |
723 | chapter 484. |
724 | 25. The Board of Hearing Aid Specialists, created under |
725 | part II of chapter 484. |
726 | 26. The Board of Physical Therapy Practice, created under |
727 | chapter 486. |
728 | 27. The Board of Psychology, created under chapter 490. |
729 | 28. School psychologists, as provided under chapter 490. |
730 | 29. The Board of Clinical Social Work, Marriage and Family |
731 | Therapy, and Mental Health Counseling, created under chapter |
732 | 491. |
733 | Section 18. Subsection (1) of section 381.0031, Florida |
734 | Statutes, is amended to read: |
735 | 381.0031 Report of diseases of public health significance |
736 | to department.-- |
737 | (1) Any practitioner licensed in this state to practice |
738 | medicine, osteopathic medicine, chiropractic medicine, |
739 | naturopathic medicine naturopathy, or veterinary medicine; any |
740 | hospital licensed under part I of chapter 395; or any laboratory |
741 | licensed under chapter 483 that diagnoses or suspects the |
742 | existence of a disease of public health significance shall |
743 | immediately report the fact to the Department of Health. |
744 |
|
745 | This section does not affect s. 384.25. |
746 | Section 19. Subsection (10) of section 468.301, Florida |
747 | Statutes, is amended to read: |
748 | 468.301 Definitions.--As used in this part, the term: |
749 | (10) "Licensed practitioner" means a person who is |
750 | licensed or otherwise authorized by law to practice medicine, |
751 | podiatric medicine, chiropody, osteopathic medicine, |
752 | naturopathic medicine naturopathy, or chiropractic medicine in |
753 | this state. |
754 | Section 20. Subsection (1) of section 476.044, Florida |
755 | Statutes, is amended to read: |
756 | 476.044 Exemptions.--This chapter does not apply to the |
757 | following persons when practicing pursuant to their professional |
758 | responsibilities and duties: |
759 | (1) Persons authorized under the laws of this state to |
760 | practice medicine, surgery, osteopathic medicine, chiropractic |
761 | medicine, naturopathic medicine naturopathy, or podiatric |
762 | medicine; |
763 | Section 21. Paragraph (a) of subsection (1) of section |
764 | 477.0135, Florida Statutes, is amended to read: |
765 | 477.0135 Exemptions.-- |
766 | (1) This chapter does not apply to the following persons |
767 | when practicing pursuant to their professional or occupational |
768 | responsibilities and duties: |
769 | (a) Persons authorized under the laws of this state to |
770 | practice medicine, surgery, osteopathic medicine, chiropractic |
771 | medicine, massage, naturopathic medicine naturopathy, or |
772 | podiatric medicine. |
773 | Section 22. Subsections (2) and (3) of section 485.003, |
774 | Florida Statutes, are amended to read: |
775 | 485.003 Definitions.--In construing this chapter, the |
776 | words, phrases, or terms, unless the context otherwise |
777 | indicates, shall have the following meanings: |
778 | (2) "Healing arts" shall mean the practice of medicine, |
779 | surgery, psychiatry, dentistry, osteopathic medicine, |
780 | chiropractic medicine, naturopathic medicine naturopathy, |
781 | podiatric medicine, chiropody, psychology, clinical social work, |
782 | marriage and family therapy, mental health counseling, and |
783 | optometry. |
784 | (3) "Practitioner of the healing arts" shall mean a person |
785 | licensed under the laws of the state to practice medicine, |
786 | surgery, psychiatry, dentistry, osteopathic medicine, |
787 | chiropractic medicine, naturopathic medicine naturopathy, |
788 | podiatric medicine, chiropody, psychology, clinical social work, |
789 | marriage and family therapy, mental health counseling, or |
790 | optometry within the scope of his or her professional training |
791 | and competence and within the purview of the statutes applicable |
792 | to his or her respective profession, and who may refer a patient |
793 | for treatment by a qualified person, who shall employ hypnotic |
794 | techniques under the supervision, direction, prescription, and |
795 | responsibility of such referring practitioner. |
796 | Section 23. Subsection (1) of section 486.161, Florida |
797 | Statutes, is amended to read: |
798 | 486.161 Exemptions.-- |
799 | (1) No provision of this chapter shall be construed to |
800 | prohibit any person licensed in this state from using any |
801 | physical agent as a part of, or incidental to, the lawful |
802 | practice of her or his profession under the statutes applicable |
803 | to the profession of chiropractic physician, podiatric |
804 | physician, doctor of medicine, massage therapist, nurse, |
805 | osteopathic physician or surgeon, occupational therapist, or |
806 | doctor of naturopathic medicine, naturopathic doctor, or |
807 | naturopathic physician naturopath. |
808 | Section 24. Paragraph (h) of subsection (4) of section |
809 | 627.351, Florida Statutes, is amended to read: |
810 | 627.351 Insurance risk apportionment plans.-- |
811 | (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.-- |
812 | (h) As used in this subsection: |
813 | 1. "Health care provider" means hospitals licensed under |
814 | chapter 395; physicians licensed under chapter 458; osteopathic |
815 | physicians licensed under chapter 459; podiatric physicians |
816 | licensed under chapter 461; dentists licensed under chapter 466; |
817 | chiropractic physicians licensed under chapter 460; doctors of |
818 | naturopathic medicine, naturopathic doctors, or naturopathic |
819 | physicians naturopaths licensed under chapter 462; nurses |
820 | licensed under part I of chapter 464; midwives licensed under |
821 | chapter 467; clinical laboratories registered under chapter 483; |
822 | physician assistants licensed under chapter 458 or chapter 459; |
823 | physical therapists and physical therapist assistants licensed |
824 | under chapter 486; health maintenance organizations certificated |
825 | under part I of chapter 641; ambulatory surgical centers |
826 | licensed under chapter 395; other medical facilities as defined |
827 | in subparagraph 2.; blood banks, plasma centers, industrial |
828 | clinics, and renal dialysis facilities; or professional |
829 | associations, partnerships, corporations, joint ventures, or |
830 | other associations for professional activity by health care |
831 | providers. |
832 | 2. "Other medical facility" means a facility the primary |
833 | purpose of which is to provide human medical diagnostic services |
834 | or a facility providing nonsurgical human medical treatment, to |
835 | which facility the patient is admitted and from which facility |
836 | the patient is discharged within the same working day, and which |
837 | facility is not part of a hospital. However, a facility existing |
838 | for the primary purpose of performing terminations of pregnancy |
839 | or an office maintained by a physician or dentist for the |
840 | practice of medicine shall not be construed to be an "other |
841 | medical facility." |
842 | 3. "Health care facility" means any hospital licensed |
843 | under chapter 395, health maintenance organization certificated |
844 | under part I of chapter 641, ambulatory surgical center licensed |
845 | under chapter 395, or other medical facility as defined in |
846 | subparagraph 2. |
847 | Section 25. Subsection (19) of section 893.02, Florida |
848 | Statutes, is amended to read: |
849 | 893.02 Definitions.--The following words and phrases as |
850 | used in this chapter shall have the following meanings, unless |
851 | the context otherwise requires: |
852 | (19) "Practitioner" means a physician licensed pursuant to |
853 | chapter 458, a dentist licensed pursuant to chapter 466, a |
854 | veterinarian licensed pursuant to chapter 474, an osteopathic |
855 | physician licensed pursuant to chapter 459, a doctor of |
856 | naturopathic medicine, naturopathic doctor, or naturopathic |
857 | physician naturopath licensed pursuant to chapter 462, or a |
858 | podiatric physician licensed pursuant to chapter 461, provided |
859 | such practitioner holds a valid federal controlled substance |
860 | registry number. |
861 | Section 26. Paragraph (g) of subsection (3) of section |
862 | 921.0022, Florida Statutes, is amended to read: |
863 | 921.0022 Criminal Punishment Code; offense severity |
864 | ranking chart.-- |
865 | (3) OFFENSE SEVERITY RANKING CHART |
866 |
|
| |
FloridaStatute | FelonyDegree | Description |
|
867 |
|
| |
868 |
|
| |
316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
869 |
|
| |
316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
870 |
|
| |
316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
871 |
|
| |
327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
872 |
|
| |
402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
873 |
|
| |
409.920(2) | 3rd | Medicaid provider fraud. |
|
874 |
|
| |
456.065(2) | 3rd | Practicing a health care profession without a license. |
|
875 |
|
| |
456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
876 |
|
| |
458.327(1) | 3rd | Practicing medicine without a license. |
|
877 |
|
| |
459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
878 |
|
| |
460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
879 |
|
| |
461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
880 |
|
| |
462.17 | 3rd | Practicing naturopathic medicine naturopathy without a license. |
|
881 |
|
| |
463.015(1) | 3rd | Practicing optometry without a license. |
|
882 |
|
| |
464.016(1) | 3rd | Practicing nursing without a license. |
|
883 |
|
| |
465.015(2) | 3rd | Practicing pharmacy without a license. |
|
884 |
|
| |
466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
885 |
|
| |
467.201 | 3rd | Practicing midwifery without a license. |
|
886 |
|
| |
468.366 | 3rd | Delivering respiratory care services without a license. |
|
887 |
|
| |
483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
888 |
|
| |
483.901(9) | 3rd | Practicing medical physics without a license. |
|
889 |
|
| |
484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
890 |
|
| |
484.053 | 3rd | Dispensing hearing aids without a license. |
|
891 |
|
| |
494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
892 |
|
| |
560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
893 |
|
| |
560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
894 |
|
| |
655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
895 |
|
| |
782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
896 |
|
| |
782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
897 |
|
| |
782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
898 |
|
| |
782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
899 |
|
| |
784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
900 |
|
| |
784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
901 |
|
| |
784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
902 |
|
| |
784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
903 |
|
| |
784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
904 |
|
| |
784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
905 |
|
| |
784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
906 |
|
| |
784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
907 |
|
| |
784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
908 |
|
| |
784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
909 |
|
| |
784.083(1) | 1st | Aggravated battery on code inspector. |
|
910 |
|
| |
790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
911 |
|
| |
790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
912 |
|
| |
790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
913 |
|
| |
790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
914 |
|
| |
790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
915 |
|
| |
790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
916 |
|
| |
796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
917 |
|
| |
800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
918 |
|
| |
800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
919 |
|
| |
806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
920 |
|
| |
810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
921 |
|
| |
810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
922 |
|
| |
810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
923 |
|
| |
812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
924 |
|
| |
812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
925 |
|
| |
812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
926 |
|
| |
812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
927 |
|
| |
812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
928 |
|
| |
812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
929 |
|
| |
812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
930 |
|
| |
817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
931 |
|
| |
817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
932 |
|
| |
817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
933 |
|
| |
817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
934 |
|
| |
825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
935 |
|
| |
825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
936 |
|
| |
827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
937 |
|
| |
827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
938 |
|
| |
837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
939 |
|
| |
940 |
|
| |
838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
941 |
|
| |
838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
942 |
|
| |
943 |
|
| |
872.06 | 2nd | Abuse of a dead human body. |
|
944 |
|
| |
893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
945 |
|
| |
893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
946 |
|
| |
893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
947 |
|
| |
893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
948 |
|
| |
893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
949 |
|
| |
893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
950 |
|
| |
893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
951 |
|
| |
893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
952 |
|
| |
893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
953 |
|
| |
893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
954 |
|
| |
893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
955 |
|
| |
893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
956 |
|
| |
893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
957 |
|
| |
896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
958 |
|
| |
896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
959 |
|
960 | Section 27. This act shall take effect July 1, 2005. |