Senate Bill sb0602
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Florida Senate - 2006 SB 602
By Senator Saunders
37-636-06
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 as a
7 clinical nurse specialist; providing fees;
8 authorizing the Board of Nursing to adopt
9 rules; amending 464.012, F.S.; adding clinical
10 nurse specialist to the classifications of
11 advanced registered nurse practitioners;
12 creating s. 464.0125, F.S.; requiring advanced
13 registered nurse practitioners to register with
14 the Board of Nursing to prescribe medicinal
15 drugs, including controlled substances;
16 providing requirements for registration and
17 renewal of registration, including continuing
18 education; providing fees; prohibiting
19 prescription of controlled substances for
20 personal use or the use of immediate family
21 members; providing for disciplinary actions;
22 authorizing the board to adopt rules; amending
23 s. 464.015, F.S.; restricting the use of
24 professional titles and abbreviations relating
25 to clinical nurse specialist and certified
26 registered nurse anesthetist practice;
27 providing penalties; amending s. 464.016, F.S.;
28 prohibiting the use of any name or title
29 stating or implying that a person is a clinical
30 nurse specialist, certified registered nurse
31 anesthetist, or certified nurse midwife unless
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1 the person is licensed or certified; providing
2 penalties; amending s. 893.02, F.S.; redefining
3 the term "practitioner" under the Florida
4 Comprehensive Drug Abuse Prevention and Control
5 Act to include certain advanced registered
6 nurse practitioners; reenacting s.
7 921.0022(3)(g), F.S., relating to the offense
8 severity ranking chart of the Criminal
9 Punishment Code, to incorporate the amendment
10 to s. 464.016, F.S., in a reference thereto;
11 amending s. 458.348, F.S.; conforming
12 cross-references; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 464.003, Florida Statutes, is
17 amended to read:
18 464.003 Definitions.--As used in this part, the term:
19 (1) "Department" means the Department of Health.
20 (2) "Board" means the Board of Nursing.
21 (3)(a) "Practice of professional nursing" means the
22 performance of those acts requiring substantial specialized
23 knowledge, judgment, and nursing skill based upon applied
24 principles of psychological, biological, physical, and social
25 sciences which shall include, but not be limited to:
26 1. The observation, assessment, nursing diagnosis,
27 planning, intervention, and evaluation of care; health
28 teaching and counseling of the ill, injured, or infirm; and
29 the promotion of wellness, maintenance of health, and
30 prevention of illness of others.
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1 2. The administration of medications and treatments as
2 prescribed or authorized by a duly licensed practitioner
3 authorized by the laws of this state to prescribe such
4 medications and treatments.
5 3. The supervision and teaching of other personnel in
6 the theory and performance of any of the above acts.
7 (b) "Practice of practical nursing" means the
8 performance of selected acts, including the administration of
9 treatments and medications, in the care of the ill, injured,
10 or infirm and the promotion of wellness, maintenance of
11 health, and prevention of illness of others under the
12 direction of a registered nurse, a licensed physician, a
13 licensed osteopathic physician, a licensed podiatric
14 physician, or a licensed dentist.
15
16 The professional nurse and the practical nurse shall be
17 responsible and accountable for making decisions that are
18 based upon the individual's educational preparation and
19 experience in nursing.
20 (c) "Clinical nurse specialist practice" means the
21 delivery and management of expert-level nursing care to
22 individuals or groups, including the ability to:
23 1. Assess the health status of individuals and
24 families using methods appropriate to the population and area
25 of practice.
26 2. Diagnose human responses to actual or potential
27 health problems.
28 3. Plan for health promotion, disease prevention, and
29 therapeutic intervention in collaboration with the patient or
30 client.
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1 4. Implement therapeutic interventions based on the
2 nurse specialist's area of expertise, including, but not
3 limited to, direct nursing care, counseling, teaching, and
4 collaboration with other licensed health care providers.
5 5. Coordinate health care as necessary and appropriate
6 and evaluate with the patient or client the effectiveness of
7 care.
8 (d)(c) "Advanced or specialized nursing practice"
9 means, in addition to the practice of professional nursing,
10 the performance of advanced-level nursing acts approved by the
11 board which, by virtue of postbasic specialized education,
12 training, and experience, are proper to be performed by an
13 advanced registered nurse practitioner. Within the context of
14 advanced or specialized nursing practice, the advanced
15 registered nurse practitioner may perform acts of nursing
16 diagnosis and nursing treatment of alterations of the health
17 status. The advanced registered nurse practitioner may also
18 perform acts of medical diagnosis and treatment, prescription,
19 and operation which are identified and approved by a joint
20 committee composed of three members appointed by the Board of
21 Nursing, two of whom shall be advanced registered nurse
22 practitioners; three members appointed by the Board of
23 Medicine, two of whom shall have had work experience with
24 advanced registered nurse practitioners; and the secretary of
25 the department or the secretary's designee. Each committee
26 member appointed by a board shall be appointed to a term of 4
27 years unless a shorter term is required to establish or
28 maintain staggered terms. The Board of Nursing shall adopt
29 rules authorizing the performance of any such acts approved by
30 the joint committee. Unless otherwise specified by the joint
31 committee, such acts shall be performed under the general
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1 supervision of a practitioner licensed under chapter 458,
2 chapter 459, or chapter 466 within the framework of standing
3 protocols which identify the medical acts to be performed and
4 the conditions for their performance. The department may, by
5 rule, require that a copy of the protocol be filed with the
6 department along with the notice required by s. 458.348.
7 (e)(d) "Nursing diagnosis" means the observation and
8 evaluation of physical or mental conditions, behaviors, signs
9 and symptoms of illness, and reactions to treatment and the
10 determination as to whether such conditions, signs, symptoms,
11 and reactions represent a deviation from normal.
12 (f)(e) "Nursing treatment" means the establishment and
13 implementation of a nursing regimen for the care and comfort
14 of individuals, the prevention of illness, and the education,
15 restoration, and maintenance of health.
16 (4) "Registered nurse" means any person licensed in
17 this state to practice professional nursing.
18 (5) "Licensed practical nurse" means any person
19 licensed in this state to practice practical nursing.
20 (6) "Clinical nurse specialist" means any person
21 licensed in this state to practice professional nursing and
22 certified in clinical nurse specialist practice.
23 (7)(6) "Advanced registered nurse practitioner" means
24 any person licensed in this state to practice professional
25 nursing and certified in advanced or specialized nursing
26 practice, including certified registered nurse anesthetists,
27 certified nurse midwives, nurse practitioners, and clinical
28 nurse specialists.
29 (8)(7) "Approved program" means a nursing program
30 conducted in a school, college, or university which is
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1 approved by the board pursuant to s. 464.019 for the education
2 of nurses.
3 Section 2. Section 464.0115, Florida Statutes, is
4 created to read:
5 464.0115 Certification of clinical nurse
6 specialists.--
7 (1) Any nurse desiring to be certified as a clinical
8 nurse specialist shall apply to the department and submit
9 proof that he or she holds a current license to practice
10 professional nursing, a master's degree in a clinical nursing
11 specialty, and current certification in a specialty area as a
12 clinical nurse specialist from a nationally recognized
13 certifying body as determined by the board.
14 (2) The board shall certify, and the department shall
15 issue a certificate to, any nurse fulfilling the
16 qualifications in this section. The board shall establish an
17 application fee not to exceed $25 and a biennial renewal fee
18 not to exceed $10.
19 (3) The board may adopt rules pursuant to ss.
20 120.536(1) and 120.54 necessary to administer this section.
21 Section 3. Subsections (2) and (3) of section 464.012,
22 Florida Statutes, are amended to read:
23 464.012 Certification of advanced registered nurse
24 practitioners; fees.--
25 (2) The board shall provide by rule the appropriate
26 requirements for advanced registered nurse practitioners in
27 the categories of certified registered nurse anesthetist,
28 certified nurse midwife, and nurse practitioner, and clinical
29 nurse specialist.
30 (3) An advanced registered nurse practitioner shall
31 perform those functions authorized in this section within the
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1 framework of an established protocol. A practitioner
2 currently licensed under chapter 458, chapter 459, or chapter
3 466 shall maintain supervision for directing the specific
4 course of medical treatment. Within the established
5 framework, an advanced registered nurse practitioner may:
6 (a) Monitor and alter drug therapies.
7 (b) Initiate appropriate therapies for certain
8 conditions.
9 (c) Perform additional functions as may be determined
10 by rule in accordance with s. 464.003(3)(d) s. 464.003(3)(c).
11 (d) Order diagnostic tests and physical and
12 occupational therapy.
13 Section 4. Section 464.0125, Florida Statutes, is
14 created to read:
15 464.0125 Registration of advanced registered nurse
16 practitioners to prescribe medicinal drugs.--
17 (1) Any advanced registered nurse practitioner
18 certified pursuant to s. 464.012 must register with the board
19 in accordance with this section to prescribe medicinal drugs.
20 (2) To register to prescribe medicinal drugs, an
21 advanced registered nurse practitioner must:
22 (a) Possess an active and unrestricted license and be
23 certified as an advanced registered nurse practitioner.
24 (b)1. Possess an active and current certification by
25 an appropriate specialty board; or
26 2. Submit documentation to the board demonstrating
27 that the advanced registered nurse practitioner has been
28 prescribing medicinal drugs for a period of at least 12 months
29 before registering as a prescribing practitioner.
30 (c)1. Submit documentation to the board demonstrating
31 that the advanced registered nurse practitioner has completed
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1 at least 16 contact hours of approved continuing education in
2 pharmacology during the past 2 years, in addition to the
3 continuing education required for licensure renewal; or
4 2. Submit documentation to the board demonstrating
5 that the advanced registered nurse practitioner has been
6 prescribing medicinal drugs for a period of at least 12 months
7 before registering as a prescribing practitioner.
8 (d) Submit a copy of the protocol between the advanced
9 registered nurse practitioner and supervising physician which
10 complies with board rules, identifies the categories of
11 medicinal drugs that the advanced registered nurse
12 practitioner is authorized to prescribe, and requires as an
13 element of general supervision that the advanced registered
14 nurse practitioner confer with the supervising physician to
15 review and discuss patient care, prescribed treatments and
16 medications, and care outcomes. The board may by rule
17 establish minimum requirements for this conference. The
18 supervising physician or another physician designated by the
19 supervising physician must be available for consultation and
20 collaboration with the advanced registered nurse practitioner
21 at all times, by phone or other electronic means. The protocol
22 must include a quality assurance procedure. The board may by
23 rule establish minimum requirements for the quality assurance
24 procedure to be included in the protocol. The protocol must be
25 filed with the initial application for registration under this
26 section, with the application for renewal of license, and at
27 any time there is a change in the protocol or of any party to
28 the protocol. For purposes of this section, the supervising
29 physician must have a current and unrestricted license to
30 practice medicine pursuant to chapter 458 or osteopathic
31 medicine pursuant to chapter 459, a primary practice location
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1 in this state, and a current and unrestricted federal Drug
2 Enforcement Administration registration number.
3 (e) Agree to maintain adequate medical records
4 pursuant to board rule which 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 prescribe controlled substances, an advanced
17 registered nurse practitioner must:
18 (a) Possess a valid midlevel practitioner registration
19 issued by the federal Drug Enforcement Administration.
20 (b) Submit documentation to the board demonstrating
21 that the advanced registered nurse practitioner has completed
22 an approved course in legal and clinical aspects of
23 prescribing controlled substances of not less than 3 contact
24 hours.
25 (c) Identify, as part of the protocol between the
26 advanced registered nurse practitioner and supervising
27 physician, the schedules of controlled substances that the
28 advanced registered nurse practitioner is authorized to
29 prescribe.
30 (d) Complete at least 2 contact hours of approved
31 continuing education in the prescribing of controlled
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1 substances during each 2-year licensure period, in addition to
2 the continuing education required for licensure renewal. This
3 continuing education may be part of the 16 hours of continuing
4 education required pursuant to subsection (4).
5 (4) To register or renew registration to prescribe
6 medicinal drugs, an advanced registered nurse practitioner
7 must complete at least 16 contact hours of approved continuing
8 education in pharmacology during each 2-year licensure period,
9 in addition to the continuing education required for licensure
10 renewal.
11 (5) The board shall provide by rule for biennial
12 renewal of registration and a renewal fee not to exceed $25.
13 (6) Advanced registered nurse practitioners who are
14 certified as certified registered nurse anesthetists pursuant
15 to s. 464.012 are not required to register under this section
16 to provide anesthesia care in accordance with s. 464.012(4).
17 (7) An advanced registered nurse practitioner who
18 registers to prescribe controlled substances may not prescribe
19 controlled substances for personal use or use by any member of
20 the advanced registered nurse practitioner's immediate family.
21 (8) The board may limit, suspend, or revoke an
22 advanced registered nurse practitioner's registration to
23 prescribe under this section in accordance with the provisions
24 of s. 456.073.
25 (9) The board may adopt rules pursuant to ss.
26 120.536(1) and 120.54 to administer this section.
27 Section 5. Section 464.015, Florida Statutes, is
28 amended to read:
29 464.015 Titles and abbreviations; restrictions;
30 penalty.--
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1 (1) Only persons who hold licenses to practice
2 professional nursing in this state or who are performing
3 nursing services pursuant to the exception set forth in s.
4 464.022(8) shall have the right to use the title "Registered
5 Nurse" and the abbreviation "R.N."
6 (2) Only persons who hold licenses to practice as
7 licensed practical nurses in this state or who are performing
8 practical nursing services pursuant to the exception set forth
9 in s. 464.022(8) shall have the right to use the title
10 "Licensed Practical Nurse" and the abbreviation "L.P.N."
11 (3) Only persons who are graduates of approved
12 programs or the equivalent may use the term "Graduate Nurse"
13 and the abbreviation "G.N.," pending the results of the first
14 licensure examination for which they are eligible.
15 (4) Only persons who are graduates of approved
16 programs or the equivalent may use the term "Graduate
17 Practical Nurse" and the abbreviation "G.P.N.," pending the
18 results of the first licensure examination for which they are
19 eligible.
20 (5) Only persons who hold valid certificates to
21 practice as clinical nurse specialists in this state may use
22 the title "Clinical Nurse Specialist" and the abbreviation
23 "C.N.S."
24 (6) Only persons who hold valid certificates to
25 practice as certified registered nurse anesthetists in this
26 state may use the title "Certified Registered Nurse
27 Anesthetist" and the abbreviations "C.R.N.A." or
28 "anesthetist."
29 (7) Only persons who hold valid certificates to
30 practice as certified nurse midwives in this state may use the
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1 title "Certified Nurse Midwife" and the abbreviations "C.N.S."
2 or "nurse midwife."
3 (8)(5) Only persons who hold valid certificates to
4 practice as advanced registered nurse practitioners in this
5 state may shall have the right to use the title "Advanced
6 Registered Nurse Practitioner" and the abbreviation "A.R.N.P."
7 (9)(6) A No person may not shall practice or advertise
8 as, or assume the title of, registered nurse, licensed
9 practical nurse, clinical nurse specialist, certified
10 registered nurse anesthetist, certified nurse midwife, or
11 advanced registered nurse practitioner or use the abbreviation
12 "R.N.," "L.P.N.," "C.N.S.," "C.R.N.A.," "C.N.M.," or
13 "A.R.N.P." or take any other action that would lead the public
14 to believe that person was certified as such or is performing
15 nursing services pursuant to the exception set forth in s.
16 464.022(8), unless that person is licensed or certified to
17 practice as such.
18 (10)(7) A violation of this section is a misdemeanor
19 of the first degree, punishable as provided in s. 775.082 or
20 s. 775.083.
21 Section 6. Section 464.016, Florida Statutes, is
22 amended to read:
23 464.016 Violations and penalties.--
24 (1) Each of the following acts constitutes a felony of
25 the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084:
27 (a) Practicing advanced or specialized, professional,
28 or practical nursing, as defined in this part, unless holding
29 an active license or certificate to do so.
30 (b) Using or attempting to use a license or
31 certificate which has been suspended or revoked.
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1 (c) Knowingly employing unlicensed persons in the
2 practice of nursing.
3 (d) Obtaining or attempting to obtain a license or
4 certificate under this part by misleading statements or
5 knowing misrepresentation.
6 (2) Each of the following acts constitutes a
7 misdemeanor of the first degree, punishable as provided in s.
8 775.082 or s. 775.083:
9 (a) Using the name or title "Nurse," "Registered
10 Nurse," "Licensed Practical Nurse," "Clinical Nurse
11 Specialist," "Certified Registered Nurse Anesthetist,"
12 "Certified Nurse Midwife," "Advanced Registered Nurse
13 Practitioner," or any other name or title which implies that a
14 person was licensed or certified as same, unless such person
15 is duly licensed or certified.
16 (b) Knowingly concealing information relating to
17 violations of this part.
18 Section 7. Subsection (19) of section 893.02, Florida
19 Statutes, is amended to read:
20 893.02 Definitions.--The following words and phrases
21 as used in this chapter shall have the following meanings,
22 unless the context otherwise requires:
23 (19) "Practitioner" means a physician licensed
24 pursuant to chapter 458, a dentist licensed pursuant to
25 chapter 466, a veterinarian licensed pursuant to chapter 474,
26 an osteopathic physician licensed pursuant to chapter 459, a
27 naturopath licensed pursuant to chapter 462, or a podiatric
28 physician licensed pursuant to chapter 461, provided such
29 practitioner holds a valid federal controlled substance
30 registry number. The term includes an advanced registered
31 nurse practitioner certified pursuant to s. 464.012 who holds
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1 a valid controlled substance registry number for midlevel
2 practitioners and who is registered to prescribe controlled
3 substances under s. 464.0125.
4 Section 8. For the purpose of incorporating the
5 amendment to section 464.016, Florida Statutes, in a reference
6 thereto, paragraph (g) of subsection (3) of section 921.0022,
7 Florida Statutes, is reenacted to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15
16 (g) LEVEL 7
17 316.027(1)(b) 2nd Accident involving death, failure
18 to stop; leaving scene.
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 316.1935(3)(b) 1st Causing serious bodily injury or
22 death to another person; driving
23 at high speed or with wanton
24 disregard for safety while
25 fleeing or attempting to elude
26 law enforcement officer who is in
27 a patrol vehicle with siren and
28 lights activated.
29 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
30 bodily injury.
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1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
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1 775.21(10)(a) 3rd Sexual predator; failure to
2 register; failure to renew
3 driver's license or
4 identification card; other
5 registration violations.
6 775.21(10)(b) 3rd Sexual predator working where
7 children regularly congregate.
8 775.21(10)(g) 3rd Failure to report or providing
9 false information about a sexual
10 predator; harbor or conceal a
11 sexual predator.
12 782.051(3) 2nd Attempted felony murder of a
13 person by a person other than the
14 perpetrator or the perpetrator of
15 an attempted felony.
16 782.07(1) 2nd Killing of a human being by the
17 act, procurement, or culpable
18 negligence of another
19 (manslaughter).
20 782.071 2nd Killing of human being or viable
21 fetus by the operation of a motor
22 vehicle in a reckless manner
23 (vehicular homicide).
24 782.072 2nd Killing of a human being by the
25 operation of a vessel in a
26 reckless manner (vessel
27 homicide).
28 784.045(1)(a)1. 2nd Aggravated battery; intentionally
29 causing great bodily harm or
30 disfigurement.
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1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.048(7) 3rd Aggravated stalking; violation of
8 court order.
9 784.07(2)(d) 1st Aggravated battery on law
10 enforcement officer.
11 784.074(1)(a) 1st Aggravated battery on sexually
12 violent predators facility staff.
13 784.08(2)(a) 1st Aggravated battery on a person 65
14 years of age or older.
15 784.081(1) 1st Aggravated battery on specified
16 official or employee.
17 784.082(1) 1st Aggravated battery by detained
18 person on visitor or other
19 detainee.
20 784.083(1) 1st Aggravated battery on code
21 inspector.
22 790.07(4) 1st Specified weapons violation
23 subsequent to previous conviction
24 of s. 790.07(1) or (2).
25 790.16(1) 1st Discharge of a machine gun under
26 specified circumstances.
27 790.165(2) 2nd Manufacture, sell, possess, or
28 deliver hoax bomb.
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1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.014(2)(b)2. 2nd Property stolen, cargo valued at
6 less than $50,000, grand theft in
7 2nd degree.
8 812.014(2)(b)3. 2nd Property stolen, emergency
9 medical equipment; 2nd degree
10 grand theft.
11 812.0145(2)(a) 1st Theft from person 65 years of age
12 or older; $50,000 or more.
13 812.019(2) 1st Stolen property; initiates,
14 organizes, plans, etc., the theft
15 of property and traffics in
16 stolen property.
17 812.131(2)(a) 2nd Robbery by sudden snatching.
18 812.133(2)(b) 1st Carjacking; no firearm, deadly
19 weapon, or other weapon.
20 817.234(8)(a) 2nd Solicitation of motor vehicle
21 accident victims with intent to
22 defraud.
23 817.234(9) 2nd Organizing, planning, or
24 participating in an intentional
25 motor vehicle collision.
26 817.234(11)(c) 1st Insurance fraud; property value
27 $100,000 or more.
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1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 943.0435(4)(c) 2nd Sexual offender vacating
10 permanent residence; failure to
11 comply with reporting
12 requirements.
13 943.0435(8) 2nd Sexual offender; remains in state
14 after indicating intent to leave;
15 failure to comply with reporting
16 requirements.
17 943.0435(9)(a) 3rd Sexual offender; failure to
18 comply with reporting
19 requirements.
20 943.0435(13) 3rd Failure to report or providing
21 false information about a sexual
22 offender; harbor or conceal a
23 sexual offender.
24 943.0435(14) 3rd Sexual offender; failure to
25 report and reregister; failure to
26 respond to address verification.
27 944.607(9) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
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1 944.607(10)(a) 3rd Sexual offender; failure to
2 submit to the taking of a
3 digitized photograph.
4 944.607(12) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 944.607(13) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 Section 9. Paragraph (a) of subsection (1) and
12 subsection (2) of section 458.348, Florida Statutes, are
13 amended to read:
14 458.348 Formal supervisory relationships, standing
15 orders, and established protocols; notice; standards.--
16 (1) NOTICE.--
17 (a) When a physician enters into a formal supervisory
18 relationship or standing orders with an emergency medical
19 technician or paramedic licensed pursuant to s. 401.27, which
20 relationship or orders contemplate the performance of medical
21 acts, or when a physician enters into an established protocol
22 with an advanced registered nurse practitioner, which protocol
23 contemplates the performance of medical acts identified and
24 approved by the joint committee pursuant to s. 464.003(3)(d)
25 s. 464.003(3)(c) or acts set forth in s. 464.012(3) and (4),
26 the physician shall submit notice to the board. The notice
27 shall contain a statement in substantially the following form:
28
29 I, ...(name and professional license number of
30 physician)..., of ...(address of physician)... have hereby
31 entered into a formal supervisory relationship, standing
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1 orders, or an established protocol with ...(number of
2 persons)... emergency medical technician(s), ...(number of
3 persons)... paramedic(s), or ...(number of persons)...
4 advanced registered nurse practitioner(s).
5 (2) ESTABLISHMENT OF STANDARDS BY JOINT
6 COMMITTEE.--The joint committee created under s. 464.003(3)(d)
7 by s. 464.003(3)(c) shall determine minimum standards for the
8 content of established protocols pursuant to which an advanced
9 registered nurse practitioner may perform medical acts
10 identified and approved by the joint committee pursuant to s.
11 464.003(3)(d) s. 464.003(3)(c) or acts set forth in s.
12 464.012(3) and (4) and shall determine minimum standards for
13 supervision of such acts by the physician, unless the joint
14 committee determines that any act set forth in s. 464.012(3)
15 or (4) is not a medical act. Such standards shall be based on
16 risk to the patient and acceptable standards of medical care
17 and shall take into account the special problems of medically
18 underserved areas. The standards developed by the joint
19 committee shall be adopted as rules by the Board of Nursing
20 and the Board of Medicine for purposes of carrying out their
21 responsibilities pursuant to part I of chapter 464 and this
22 chapter, respectively, but neither board shall have
23 disciplinary powers over the licensees of the other board.
24 Section 10. This act shall take effect July 1, 2006.
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2 SENATE SUMMARY
3 Defines the terms "clinical nurse specialist practice"
and "clinical nurse specialist". Provides requirements
4 for certification of clinical nurse specialists.
Authorizes the Board of Nursing to adopt rules. Adds
5 clinical nurse specialist to the classifications of
advanced registered nurse practitioners. Requires
6 advanced registered nurse practitioners to register with
the Board of Nursing before prescribing medicinal drugs,
7 including controlled substances. Prohibits prescription
of controlled substances for personal use or the use of
8 immediate family members. Restricts the use of
professional titles and abbreviations relating to
9 clinical nurse specialist and certified registered nurse
anesthetist practice. Prohibits a clinical nurse
10 specialist practice from operating without an active
license or certificate. Prohibits the use of any name or
11 title stating or implying that a person is a clinical
nurse specialist or certified registered nurse
12 anesthetist unless the person is duly licensed or
certified. Revises the definition of the term
13 "practitioner" under the Florida Comprehensive Drug Abuse
Prevention and Control Act to include certain advanced
14 registered nurse practitioners.
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