_h1499_

HB 1499

A bill to be entitled

An act relating to controlled substances; amending s.

456.013, F.S.; requiring practitioners authorized to

prescribe, administer, or dispense controlled substances

to complete a certain continuing education course;

providing an exemption; providing course requirements;

providing that completion of the course satisfies part of

the practitioner's continuing education requirements;

requiring the department to adopt rules; amending s.

456.037, F.S.; providing that pain-management clinics are

business establishments subject to licensure; requiring

health professional licensees who practice at pain-

management clinics to maintain control and security of

prescription blanks; requiring licensees to notify the

Department of Health within a specified time after theft

or loss of prescription blanks; requiring licensees to

give written notice to the applicable board within a

specified period after the licensee's termination of

employment at the pain-management clinic; amending s.

456.057, F.S.; providing that the Department of Health is

not required to attempt to obtain a release for a

patient's medical records under certain circumstances;

amending s. 456.069, F.S.; authorizing the department to

inspect pain-management clinics for certain purposes;

amending s. 456.071, F.S.; specifying the venue for

judicial challenges to any subpoena or order issued by the

department during its investigations; amending s. 456.072,

F.S.; providing additional acts that constitute grounds

for disciplinary actions against health professional

licensees; authorizing summary suspension of licensees

under certain circumstances; amending ss. 458.309 and

459.005, F.S.; specifying that registration requirements

for pain-management clinics apply only to certain clinics,

facilities, and offices and providing for the retroaction

application of the requirements; authorizing the

department to deny an application for registering a pain-

management clinic or to revoke or suspend the current

registration certificate of a pain-management clinic for

certain reasons; authorizing the department to impose

fines for certain violations; requiring the department to

consider certain factors when calculating the amount of

fines; providing that each day constitutes an additional

violation; requiring pain-management clinics to document

in writing all efforts to correct a violation; requiring a

pain-management clinic to cease operating if its

registration certificate is revoked or suspended;

requiring certain persons to remove the clinic's signs and

symbols from the premises under certain circumstances;

prohibiting any person from applying for a permit to

operate a pain-management clinic for a specified period

after revocation of a registration certificate; providing

for disposition of drugs at former pain-management

clinics; requiring the department to adopt rules; creating

ss. 458.3265 and 459.0137, F.S.; providing requirements

for the registration of pain-management clinics;

prohibiting a physician or an osteopathic physician from

practicing medicine in a pain-management clinic if the

clinic is not registered with the Department of Health;

requiring each location of a pain-management clinic to

from being owned by or having any contractual relationship

with specified persons; providing that the department

shall refuse to register a pain-management clinic or shall

revoke a previously issued certificate of registration

under certain circumstances; requiring certain persons to

be responsible for the onsite management of a pain-

management clinic; providing that an owner or operator who

fails to comply with certain stated conditions commits a

misdemeanor of the first degree; providing criminal

penalties; providing that only certain designated persons

may dispense medication; requiring physicians to document

why they prescribe or dispense more than a specified

amount of controlled substances for certain reasons;

providing definitions; requiring persons submitting pain-

management clinic registration applications after a

specified date to include certain information on the

application form; requiring applications to include

personal information statements and fingerprints of

certain persons affiliated with pain-management clinics

and providing for retroactive application to applications

submitted after a specified date; authorizing the

department to suspend or revoke the registration of a

pain-management clinic that does not submit personal

information statements or fingerprints by a specified

date; requiring fingerprinting and criminal history

records checks of certain persons; requiring registration

applicants to pay a certain fee to the department;

requiring the State Surgeon General to order a pain-

management clinic to cease operations under certain

circumstances; providing an exemption; requiring the

Department of Health, and authorizing the Department of

Law Enforcement, to adopt rules; amending ss. 458.327 and

459.013, F.S.; providing that committing any of certain

specified acts while managing a pain-management clinic

constitutes a felony of the third degree or a misdemeanor

of the first degree; amending s. 893.065, F.S.; requiring

practitioners prescribing certain controlled substances in

pain-management clinics to use counterfeit-resistant

prescription blanks; amending s. 893.13, F.S.; prohibiting

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obtaining or seeking to obtain, with the intent to obtain

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without medical necessity, a controlled substance or a

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prescription for a controlled substance by

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misrepresentation, fraud, forgery, deception, subterfuge,

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or concealment of a material fact; defining the term

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"material fact"; providing criminal penalties; amending s.

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921.0022, F.S.; conforming the offense severity ranking

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chart of the Criminal Punishment Code to changes made by

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the act; providing an effective date.

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

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Section 1. Subsection (7) of section 456.013, Florida

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Statutes, is amended to read:

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456.013 Department; general licensing provisions.-

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(7)(a) The boards, or the department when there is no

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board, shall require the completion of a 2-hour course relating

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to prevention of medical errors as part of the licensure and

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renewal process. The 2-hour course shall count towards the total

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number of continuing education hours required for the

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profession. The course shall be approved by the board or

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department, as appropriate, and shall include a study of root-

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cause analysis, error reduction and prevention, and patient

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safety. In addition, the course approved by the Board of

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Medicine and the Board of Osteopathic Medicine shall include

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information relating to the five most misdiagnosed conditions

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during the previous biennium, as determined by the board. If the

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course is being offered by a facility licensed pursuant to

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chapter 395 for its employees, the board may approve up to 1

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hour of the 2-hour course to be specifically related to error

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reduction and prevention methods used in that facility.

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(b) The boards, or the department if there is no board,

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shall require each practitioner licensed under chapter 457,

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chapter 458, chapter 459, chapter 461, or chapter 466 whose

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lawful scope of practice authorizes the practitioner to

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prescribe, administer, or dispense controlled substances, as a

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condition of initial licensure and each subsequent license

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renewal, to complete a 3-hour continuing education course

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relating to prescribing, administering, and dispensing the

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controlled substances listed in Schedule II, Schedule III, and

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Schedule IV of s. 893.03. The course must include, but need not

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be limited to:

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1. The goals of administering controlled substances to

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patients who require short-term and ongoing pain management;

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2. The guidelines and rules for prescribing controlled

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substances, including the use of a controlled substance

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agreement;

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3. The application of drug screening or drug testing to

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patients, including instruction on the value and limitations of

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drug screening and drug testing;

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4. The role of controlled substances in treating short-

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term and ongoing pain syndromes, including instruction on the

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value and limitations of controlled substances in treating pain;

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5. The use of evidenced-based, noncontrolled-substance

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pharmacological pain treatments on patients;

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6. The use of evidenced-based, nonpharmacological pain

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treatments on patients;

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7. The importance of properly obtaining a full medical

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history and completing a comprehensive physical examination of

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patients;

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8. The importance of keeping appropriate progress notes

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during the care of patients;

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9. The relationship of the co-occurring morbidities that

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occur with pain disorders, such as psychiatric and addictive

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disorders;

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10. The identification and prevention of drug abuse and

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drug diversion; and

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11. The laws and rules of this state which govern

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prescribing, administering, and dispensing controlled

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substances.

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The course hours must be included in the total number of hours

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of continuing education required by the profession and must be

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approved by the board, or by the department if there is no

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board. A course offered through a facility licensed under

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chapter 395 for its employees must be approved by the board, or

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by the department if there is no board, if the course is at

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least 3 hours and covers prescribing, administering, and

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dispensing controlled substances.

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requirements in paragraph (b) if the licensee obtains specialty

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or subspecialty certification in or related to pain management

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from a specialty board recognized by the respective board.

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(d) The course requirements in paragraph (b) apply to each

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licensee renewing his or her license on or after July 1, 2011,

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and to each applicant approved for licensure on or after January

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1, 2012.

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(e) The boards, or the department if there is no board,

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shall adopt rules to administer this subsection by July 1, 2011.

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Section 2. Subsections (1) and (5) of section 456.037,

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Florida Statutes, are amended, and subsection (6) is added to

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that section, to read:

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456.037 Business establishments; requirements for active

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status licenses; delinquency; discipline; applicability.-

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(1) A business establishment regulated by the Division of

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Medical Quality Assurance pursuant to chapter 458, chapter 459,

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or this chapter may provide regulated services only if the

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business establishment has an active status license. A business

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establishment that provides regulated services without an active

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status license is in violation of this section and s. 456.072,

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and the board, or the department if there is no board, may

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impose discipline on the business establishment.

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(5) This section applies to any business establishment

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registered, permitted, or licensed by the department to do

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business. Business establishments include, but are not limited

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to, dental laboratories, electrology facilities, massage

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establishments, ~~and~~ pharmacies, and pain-management clinics

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required to register under s. 458.309 or s. 459.005.

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(6) A licensee authorized to prescribe controlled

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substances who practices at a pain-management clinic must

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maintain control of, and keep secure, his or her prescription

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blanks and any other method used for prescribing controlled

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substance pain medication. The licensee shall comply with the

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requirements for counterfeit-resistant prescription blanks in s.

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893.065 and rules adopted under that section. The licensee

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shall:

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(a) Notify the department in writing within 24 hours after

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any theft or loss of a prescription blank or breach of any other

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method for prescribing pain medication.

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(b) Notify the applicable board in writing of the date of

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termination of employment within 10 days after terminating his

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or her employment with a pain-management clinic.

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Section 3. Paragraph (a) of subsection (9) of section

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456.057, Florida Statutes, is amended to read:

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456.057 Ownership and control of patient records; report

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or copies of records to be furnished.-

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(9)(a)1. The department may obtain patient records

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pursuant to a subpoena without written authorization from the

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patient if the department and the probable cause panel of the

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appropriate board, if any, find reasonable cause to believe that

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a health care practitioner has excessively or inappropriately

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prescribed any controlled substance specified in chapter 893 in

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violation of this chapter or any professional practice act or

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that a health care practitioner has practiced his or her

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profession below that level of care, skill, and treatment

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required as defined by this chapter or any professional practice

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act and also find that appropriate, reasonable attempts were

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made to obtain a patient release. Notwithstanding this

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subparagraph, the department is not required to attempt to

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obtain a patient release when investigating an offense that

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involves the inappropriate prescribing, overprescribing, or

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diversion of controlled substances and involves a pain-

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management clinic.

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2. The department may obtain patient records and insurance

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information pursuant to a subpoena without written authorization

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from the patient if the department and the probable cause panel

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of the appropriate board, if any, find reasonable cause to

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believe that a health care practitioner has provided inadequate

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medical care based on termination of insurance and also find

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that appropriate, reasonable attempts were made to obtain a

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patient release.

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3. The department may obtain patient records, billing

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records, insurance information, provider contracts, and all

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attachments thereto pursuant to a subpoena without written

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authorization from the patient if the department and probable

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cause panel of the appropriate board, if any, find reasonable

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cause to believe that a health care practitioner has submitted a

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claim, statement, or bill using a billing code that would result

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in payment greater in amount than would be paid using a billing

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code that accurately describes the services performed, requested

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payment for services that were not performed by that health care

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practitioner, used information derived from a written report of

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an automobile accident generated pursuant to chapter 316 to

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solicit or obtain patients personally or through an agent

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regardless of whether the information is derived directly from

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the report or a summary of that report or from another person,

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solicited patients fraudulently, received a kickback as defined

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in s. 456.054, violated the patient brokering provisions of s.

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817.505, or presented or caused to be presented a false or

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fraudulent insurance claim within the meaning of s.

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817.234(1)(a), and also find that, within the meaning of s.

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817.234(1)(a), patient authorization cannot be obtained because

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the patient cannot be located or is deceased, incapacitated, or

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suspected of being a participant in the fraud or scheme, and if

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the subpoena is issued for specific and relevant records.

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4. Notwithstanding subparagraphs 1.-3., when the

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department investigates a professional liability claim or

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undertakes action pursuant to s. 456.049 or s. 627.912, the

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department may obtain patient records pursuant to a subpoena

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without written authorization from the patient if the patient

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refuses to cooperate or if the department attempts to obtain a

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patient release and the failure to obtain the patient records

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would be detrimental to the investigation.

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Section 4. Section 456.069, Florida Statutes, is amended

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to read:

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456.069 Authority to inspect.-In addition to the authority

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specified in s. 465.017, duly authorized agents and employees of

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the department may ~~shall have the power to~~ inspect in a lawful

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manner at all reasonable hours:

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(1) Any pharmacy; or

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(2) Any establishment at which the services of a licensee

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authorized to prescribe controlled substances specified in

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chapter 893 are offered; or,

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(3) Any facility offering services that require the

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facility to be registered as a pain-management clinic pursuant

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to s. 458.309(4) or s. 459.005(3),

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for the purpose of determining if any of the provisions of this

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chapter or any practice act of a profession or any rule adopted

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thereunder is being violated; or for the purpose of securing

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such other evidence as may be needed for prosecution. Such

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evidence may include, but is not limited to, patient records.

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The department may obtain patient records without patient

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authorization or subpoena from any pain-management clinic

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required to be licensed if the department reasonably believes

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that obtaining such authorization is not feasible due to the

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volume of the dispensing and prescribing activity involving

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controlled substances or that obtaining patient authorization or

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the issuance of a subpoena would jeopardize the investigation.

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Section 5. Section 456.071, Florida Statutes, is amended

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to read:

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456.071 Power to administer oaths, take depositions, and

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issue subpoenas.-For the purpose of any investigation or

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proceeding conducted by the department, the department shall

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have the power to administer oaths, take depositions, make

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inspections when authorized by statute, issue subpoenas which

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shall be supported by affidavit, serve subpoenas and other

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process, and compel the attendance of witnesses and the

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production of books, papers, documents, and other evidence. The

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department shall exercise this power on its own initiative or

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whenever requested by a board or the probable cause panel of any

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board. Challenges to, and enforcement of, the subpoenas and

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orders shall be handled as provided in s. 120.569, except that

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venue for such proceedings shall be in the Circuit Court for the

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Second Judicial Circuit, in the county in which the examination,

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investigation, or hearing is conducted, or in the county in

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which a person substantially affected by the proceeding, such as

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a person to whom a subpoena is issued, resides.

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Section 6. Paragraphs (mm), (nn), and (oo) are added to

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subsection (1) of section 456.072, Florida Statutes, to read:

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456.072 Grounds for discipline; penalties; enforcement.-

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(1) The following acts shall constitute grounds for which

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the disciplinary actions specified in subsection (2) may be

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taken:

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(mm) With respect to a licensee who serves as the medical

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director or the designated physician of a pain-management clinic

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as defined in s. 458.305 or s. 459.005:

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1. Registering a pain-management clinic through

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misrepresentation or fraud or through an error of the department

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or board;

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2. Procuring or attempting to procure the registration of

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a pain-management clinic for any other person by making or

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causing to be made any false representation;

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3. Failing to comply with any requirement of chapter 499,

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the Florida Drug and Cosmetic Act; chapter 893, the Florida

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Comprehensive Drug Abuse Prevention and Control Act; 21 U.S.C.

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ss. 301-392, the Federal Food, Drug, and Cosmetic Act; or 21

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U.S.C. ss. 821 et seq., the Comprehensive Drug Abuse Prevention

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and Control Act;

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4. Being convicted or found guilty of, regardless of

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adjudication to, a felony or any other crime involving moral

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turpitude, fraud, dishonesty, or deceit in any jurisdiction of

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this state, any other state, the District of Columbia, or the

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United States;

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5. Being convicted of or disciplined by a regulatory

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agency of the Federal Government or a regulatory agency of

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another state or the District of Columbia for any offense that

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would constitute a violation of this chapter;

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6. Being convicted of, or entering a plea of guilty or

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nolo contendere to, regardless of adjudication, a crime in any

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jurisdiction involving the practice of a licensed health care

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profession;

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7. Being convicted of, or entering a plea of guilty or

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nolo contendere to, regardless of adjudication, a crime in any

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jurisdiction which relates to health care fraud;

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8. Dispensing any medicinal drug based upon a

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communication that purports to be a prescription as defined in

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s. 465.003 or s. 893.02 if the dispensing practitioner knows or

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has reason to believe that the purported prescription is not

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based upon a valid practitioner-patient relationship; or

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9. Failing to have a licensed medical director employed or

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under contract with the clinic as required under chapter 400 or

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failing to have the licensed designated physician practicing at

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the location of the registered clinic.

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A licensee who violates this paragraph is subject to summary

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suspension pursuant to ss. 120.60(6) and 456.073(8).

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(nn) Failing to timely notify the department of the theft

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of prescription blanks from a pain-management clinic or a breach

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of other methods for prescribing within 24 hours as required

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pursuant to s. 456.037(6).

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(oo) Failing to timely notify the applicable board

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governing his or her prescribing privileges of the date of his

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or her termination from a pain-management clinic as required

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pursuant to s. 456.037(6).

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Section 7. Section 458.309, Florida Statutes, is amended

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to read:

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458.309 Rulemaking authority.-

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(1) The department and the board may ~~has authority to~~

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adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

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the provisions of this chapter conferring duties upon it.

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(2)(a) Any rules which the board adopts relating to the

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classroom phase of medical education do ~~shall~~ not apply to any

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person who is enrolled in the classroom phase of medical

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education or has graduated prior to or at the time the rule

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becomes effective, so long as such person does not interrupt his

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or her medical education.

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(b)1. Any rules which the board adopts relating to the

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clinical clerkship phase of medical education shall not apply to

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any person who is enrolled in the clinical clerkship phase of

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medical education prior to or at the time the rule becomes

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effective, so long as such person does not interrupt his or her

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medical education.

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2. Rules adopted by the Florida Board of Medical Examiners

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prior to October 1, 1986, and relating to clinical clerkships

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for graduates of foreign medical schools do not apply to any

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such graduate who:

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a. Had completed a clinical clerkship prior to the

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effective date of the rule; or

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b. Had begun a clinical clerkship but had not completed

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the clinical clerkship prior to the effective date of the rule,

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so long as the clinical clerkship took no longer than 3 years to

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complete.

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shall not apply to any person who has begun his or her residency

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prior to or at the time the rule becomes effective, so long as

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such person does not interrupt the residency.

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(3) All physicians who perform level 2 procedures lasting

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more than 5 minutes and all level 3 surgical procedures in an

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office setting must register the office with the department

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unless that office is licensed as a facility pursuant to chapter

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395. The department shall inspect the physician's office

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annually unless the office is accredited by a nationally

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recognized accrediting agency or an accrediting organization

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subsequently approved by the Board of Medicine. The actual costs

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for registration and inspection or accreditation shall be paid

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by the person seeking to register and operate the office setting

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in which office surgery is performed.

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(4) Effective January 4, 2010, all privately owned pain-

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management clinics, facilities, or offices primarily engaged in

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the treatment of pain by prescribing or dispensing controlled

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substance medications, hereinafter referred to as "clinics,"

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which advertise in any medium for any type of pain-management

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services, or employ a physician who is primarily engaged in the

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treatment of pain by prescribing or dispensing controlled

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substance medications, must register with the department by

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~~January 4, 2010~~, unless that clinic is licensed as a facility

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pursuant to chapter 395. A physician may not practice medicine

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in a pain-management clinic that is required to but has not

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registered with the department. Each clinic location shall be

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registered separately regardless of whether the clinic is

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operated under the same business name or management as another

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clinic. ~~If the clinic is licensed as a health care clinic under~~

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~~chapter 400, the medical director is responsible for registering~~

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~~the facility with the department.~~ If the clinic is not

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registered pursuant to chapter 395 or chapter 400, the clinic

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shall, upon registration with the department, designate a

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physician who is responsible for complying with all requirements

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related to registration of the clinic. The designated physician

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shall have a full, active, and unencumbered license ~~be licensed~~

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under this chapter or chapter 459 and shall practice at the

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office location for which the physician has assumed

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responsibility. The department shall inspect the clinic

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annually, including a review of patient records, to ensure that

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it complies with rules of the Board of Medicine adopted pursuant

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to this subsection and subsection (8) ~~(5)~~ unless the office is

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accredited by a nationally recognized accrediting agency

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approved by the Board of Medicine. The actual costs for

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registration and inspection or accreditation shall be paid by

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the physician seeking to register the clinic.

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(5)(a) The department may deny an application for

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registering a pain-management clinic or revoke or suspend a

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current registration. The department may impose an

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administrative fine on the clinic of up to $5,000 per violation

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for violating the requirements of this section, chapter 499, the

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Florida Drug and Cosmetic Act; chapter 893, the Florida

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Comprehensive Drug Abuse Prevention and Control Act; 21 U.S.C.

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ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C.

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ss. 821 et seq., the Comprehensive Drug Abuse Prevention and

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Control Act; or rules adopted by the department. In determining

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whether any penalty is to be imposed, and in fixing the amount

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of any fine, the department shall consider the following

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factors:

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1. The gravity of the violation, including the probability

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that death or serious physical or emotional harm to a patient

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resulted or may have resulted from the licensee's actions, the

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severity of the action or potential harm, and the extent to

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which applicable laws or rules are violated.

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2. What actions, if any, the owner, medical director, or

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designated physician took to correct the violations.

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3. Whether there were any previous violations at the pain-

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management clinic.

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4. The financial benefits that the pain-management clinic

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derives from committing or continuing to commit the violation.

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(b) Each day that a violation continues after the date

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fixed for termination as ordered by the department constitutes

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an additional, separate, and distinct violation.

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documented in writing by the owner, medical director, or

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designated physician of the pain-management clinic and verified

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by followup visits by departmental personnel. The department may

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impose a fine and, in the case of an owner-operated pain-

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management clinic, revoke or deny a clinic's license if the

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medical director of the pain-management clinic, or the clinic's

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designated physician, knowingly and intentionally misrepresents

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actions taken to correct a violation.

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(d) An owner, medical director, or designated physician of

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a pain-management clinic who concurrently operates an unlicensed

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pain-management clinic is subject to an administrative fine of

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$5,000 per day.

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(e) Any pain-management clinic whose owner fails to apply

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for a change-of-ownership license and operates the clinic under

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the new ownership is subject to a fine of $5,000.

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(f) During an onsite inspection, the department shall make

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a reasonable attempt to discuss each violation with the owner,

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medical director, or designated physician of the pain-management

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clinic before issuing a formal written notification.

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(g)1. If the registration of a pain-management clinic is

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revoked or suspended, the designated physician or medical

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director of the pain-management clinic, the owner or lessor of

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the pain-management clinic property, and the owner, manager, or

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proprietor shall cease to operate the facility as a pain-

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management clinic as of the effective date of the suspension or

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revocation.

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2. If a pain-management clinic registration is revoked or

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suspended, the designated physician or medical director of the

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pain-management clinic, the owner or lessor of the clinic

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property, and the owner, manager, or proprietor are responsible

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for removing all signs and symbols identifying the premises as a

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pain-management clinic.

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3. If the clinic's registration is revoked, any person

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named in the registration documents of the pain-management

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clinic, including persons owning or operating the pain-

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management clinic, may not as an individual or part of a group

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apply for a permit to operate a pain-management clinic for 5

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years after the date the registration is revoked.

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4. Upon the effective date of the suspension or

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revocation, the pain-management clinic shall advise the

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department of the disposition of the medicinal drugs located on

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the premises. The disposition is subject to supervision and

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approval of the department. The department may designate the

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medicinal drugs purchased or held by a pain-management clinic

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that fails to register as required by law as adulterated drugs

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pursuant to s. 499.006.

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5. The period of the suspension shall be prescribed by the

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department, but may not exceed 1 year.

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(6) The department shall adopt rules necessary to

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administer the registration and inspection of pain-management

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clinics establishing the specific requirements, procedures,

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forms, and fees.

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(7) The department shall adopt a rule defining what

541

constitutes practice by a designated physician at the office

542

location for which the physician has assumed responsibility, as

543

set forth in subsections (3) and (4). When adopting the rule,

544

the department shall consider the number of clinic employees,

545

the location of the pain-management clinic, its hours of

546

operation, and the amount of controlled substances being

547

prescribed, dispensed, or administered at the pain-management

548

clinic.

549

(8)~~(5)~~ The Board of Medicine shall adopt rules setting

550

forth standards of practice for physicians practicing in

551

privately owned pain-management clinics that primarily engage in

552

the treatment of pain by prescribing or dispensing controlled

553

substance medications. The ~~Such~~ rules shall address, but need

554

not be limited to, the following subjects:

555

(a) Facility operations;

556

(b) Physical operations;

557

558

(d) Health and safety requirements;

559

(e) Quality assurance requirements;

560

(f) Patient records;

561

(g) Training requirements for all facility health care

562

practitioners who are not regulated by another board;

563

(h) Inspections; and

564

(i) Data collection and reporting requirements.

565

566

A physician is primarily engaged in the treatment of pain by

567

prescribing or dispensing controlled substance medications when

568

the majority of the patients seen are prescribed or dispensed

569

controlled substance medications for the treatment of chronic

570

nonmalignant pain. Chronic nonmalignant pain is pain unrelated

571

to cancer which persists beyond the usual course of the disease

572

or the injury that is the cause of the pain or more than 90 days

573

after surgery.

574

(9)~~(6)~~ A privately owned clinic, facility, or office that

575

advertises in any medium for any type of pain-management

576

services or employs one or more physicians who are primarily

577

engaged in the treatment of pain by prescribing or dispensing

578

controlled substances is exempt from the registration provisions

579

in subsection (4) if the majority of the physicians who provide

580

services in the clinic, facility, or office primarily provide

581

surgical services.

582

Section 8. Section 458.3265, Florida Statutes, is created

583

to read:

584

458.3265 Pain-management clinics.-

585

(1)(a) A physician may not practice medicine in a pain-

586

management clinic unless the clinic is registered with the

587

department pursuant to s. 458.309(4). Each location of a pain-

588

management clinic must be registered separately, whether the

589

clinic is operated under the same business name or management as

590

another clinic. If a pain-management clinic fails an annual

591

inspection, the department may revoke the clinic's certificate

592

of registration and prohibit all physicians associated with that

593

pain-management clinic from practicing at that office location.

594

A physician who violates this paragraph is subject to review by

595

his or her appropriate medical regulatory board.

596

(b) A pain-management clinic may not be owned, in whole or

597

in part, by or have any contractual relationship, whether

598

through employment or by independent contract, with:

599

1. A physician who, during the course of his or her

600

practice, has been denied the privilege of prescribing,

601

dispensing, administering, supplying, or selling any controlled

602

substance and against whose medical license, during the course

603

of his or her practice, the board has taken disciplinary action

604

as a result of violating the laws or rules of this state, any

605

other state, or the United States relating to prescribing or

606

dispensing controlled substances, drug diversion, or his or her

607

dependency on drugs or alcohol;

608

2. A person whose application for a license to prescribe,

609

dispense, or administer a controlled substance has been denied

610

by any jurisdiction;

611

3. The holder of a license issued by any jurisdiction

612

which allowed the owner, employee, or person to prescribe,

613

dispense, or administer a controlled substance and which has

614

been restricted or revoked by the issuing jurisdiction;

615

4. A person who is the subject of a disciplinary

616

proceeding by any licensing entity for conduct resulting from

617

drug diversion or inappropriately prescribing, dispensing, or

618

administering a controlled substance; or

619

5. A person who has been convicted of or pled guilty or

620

nolo contendere to, regardless of adjudication, an offense that

621

constitutes a felony or a misdemeanor for illicit drugs or the

622

diversion of drugs, including a controlled substance listed in

623

Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule

624

V of s. 893.03, in this state, any other state, or the United

625

States.

626

627

management clinic is owned, directly or indirectly, by a person

628

meeting any criteria listed in paragraph (b), the department

629

shall refuse to register the pain-management clinic or shall

630

revoke the certificate of registration previously issued by the

631

department. As determined by rule, the department may grant an

632

exemption if more than 10 years have elapsed since adjudication.

633

As used in this subsection, the term "convicted" includes an

634

adjudication of guilt following a plea of guilty or nolo

635

contendere or the forfeiture of a bond when charged with a

636

crime.

637

(d) The owner, operator, or designated physician of a

638

pain-management clinic shall:

639

1. Be onsite at the pain-management clinic during the

640

clinic's operating hours, with exemptions provided by department

641

rule. If this requirement is not met by a designated physician,

642

the owner or operator shall be physically present at the pain-

643

management clinic during the clinic's operating hours; and

644

2. Review each week at least 33 percent of the total

645

number of patient files of the pain-management clinic for

646

patients seen by the clinic during that week, including the

647

patient files in the possession of a clinic employee or

648

contractor to whom authority for patient care is delegated by

649

the pain-management clinic, with exemptions provided by

650

department rule.

651

(e) A violation of this subsection is grounds for

652

disciplinary action against the pain-management clinic, its

653

owner, its operator, or its designated physician under s.

654

458.309. An owner or operator who fails to comply with this

655

subsection commits a misdemeanor of the first degree, punishable

656

as provided in s. 775.082 or s. 775.083.

657

(2) A person may not dispense any medication, including a

658

controlled substance, on the premises of a pain-management

659

clinic unless he or she is a physician licensed under this

660

chapter or chapter 459; however, a pharmacist licensed under

661

chapter 465 may dispense any medication, including a controlled

662

substance, on the premises of a pain-management clinic.

663

(3) After a physical examination of the patient the same

664

day that a controlled substance is prescribed or dispensed for

665

the physician's patient, the physician must document in the

666

patient's record the reason for prescribing or dispensing more

667

than a 72-hour dose of a controlled substance for the treatment

668

of chronic nonmalignant pain. A physician shall follow the

669

department's rules for treating pain when prescribing the use of

670

controlled substances and dispensing controlled substances. The

671

failure to follow the department's rules is grounds for

672

disciplinary action by the Board of Medicine and the possible

673

revocation of the clinic's certificate of registration by the

674

department.

675

(4) As used in this section, the term:

676

(a) "Controlled substance" means a controlled substance

677

listed in Schedule II, Schedule III, or Schedule IV of s.

678

893.03.

679

(b) "Parties affiliated with a pain-management clinic"

680

means:

681

1. A director, officer, trustee, partner, or committee

682

member of a pain-management clinic or applicant, or a subsidiary

683

or service corporation of the pain-management clinic or

684

applicant; or

685

2. A person who, directly or indirectly, manages,

686

controls, or oversees the operation of a pain-management clinic

687

or applicant, regardless of whether the person is a partner,

688

shareholder, manager, member, officer, director, independent

689

contractor, or employee of the pain-management clinic or

690

applicant.

691

(5) On or after January 3, 2011, an application for an

692

initial or renewal registration of a pain-management clinic must

693

include:

694

(a) The name, full business address, and telephone number

695

of the applicant.

696

(b) All trade or business names used by the applicant.

697

698

persons for each facility used by the applicant for prescribing

699

or dispensing controlled substance medications in the treatment

700

of pain.

701

(d) The type of ownership or operation, such as a

702

partnership, corporation, or sole proprietorship.

703

(e) The names of each owner and each operator of the pain-

704

management clinic, including:

705

1. If an individual, the name of the individual.

706

2. If a partnership, the name of each partner and the name

707

of the partnership.

708

3. If a corporation:

709

a. The name, address, and title of each corporate officer

710

and director.

711

b. The name and address of the corporation and the

712

resident agent of the corporation, the resident agent's address,

713

and the corporation's state of incorporation.

714

c. The name and address of each shareholder of the

715

corporation that owns 5 percent or more of the outstanding stock

716

of the corporation.

717

4. If a sole proprietorship, the full name of the sole

718

proprietor and the name of the business entity.

719

5. If a limited liability company:

720

a. The name and address of each member.

721

b. The name and address of each manager.

722

c. The name and address of the limited liability company,

723

the resident agent of the limited liability company, and the

724

name of the state in which the limited liability company was

725

organized.

726

(f) The tax year of the applicant.

727

(g) A copy of the deed for the property on which the

728

applicant's pain-management clinic is located, if the clinic is

729

owned by the applicant, or a copy of the applicant's lease for

730

the property on which the applicant's pain-management clinic is

731

located, which must have an original term of not less than 1

732

calendar year, if the pain-management clinic is not owned by the

733

applicant.

734

(h) A list of all licenses and permits issued to the

735

applicant by any other state which authorize the applicant to

736

purchase or possess prescription drugs.

737

(i) The name of the manager of the pain-management clinic

738

that is applying for the initial or renewal registration, the

739

names of the next four highest ranking employees responsible for

740

operations of the pain-management clinic, the name of all

741

parties affiliated with the pain-management clinic, and the

742

personal information statement and set of fingerprints required

743

under subsection (6) for each such person.

744

(6)(a) Each person listed in paragraph (5)(i) shall submit

745

to the department a personal information statement in the format

746

prescribed by the department, which must be submitted under oath

747

or affirmation under penalty of perjury and contain the

748

following information:

749

1. The person's places of residence for the past 7 years.

750

2. The person's date and place of birth.

751

3. The person's occupations, positions of employment, and

752

offices held during the past 7 years.

753

4. The principal business and address of any business,

754

corporation, or other organization in which the person:

755

a. Held an office during the past 7 years; or

756

b. Had an occupation or position of employment during the

757

past 7 years.

758

5. Whether the person has been, during the past 7 years,

759

the subject of any proceeding for the revocation of any license

760

and, if so, the nature of the proceeding and the disposition of

761

the proceeding.

762

6. Whether, during the past 7 years, the person has been

763

enjoined, temporarily or permanently, by a court of competent

764

jurisdiction from violating any federal or state law regulating

765

the possession, control, or distribution of controlled

766

substances, together with details concerning any such event.

767

7. A description of any involvement by the person during

768

the past 7 years, including any investments, other than the

769

ownership of stock in a publicly traded company or mutual fund,

770

with any business that manufactured, administered, prescribed,

771

distributed, or stored pharmaceutical products and any lawsuits

772

in which the businesses were named as a party.

773

8. A description of any felony criminal offense of which

774

the person, as an adult, was found guilty, regardless of whether

775

adjudication of guilt was withheld or whether the person pled

776

guilty or nolo contendere. A criminal offense committed in

777

another jurisdiction which would have been a felony in this

778

state must be reported. If the person indicates that a criminal

779

conviction is under appeal and submits a copy of the notice of

780

appeal of that criminal offense, the applicant shall, within 15

781

days after the disposition of the appeal, submit to the

782

department a copy of the final written order of disposition.

783

9. A photograph of the person taken in the previous 30

784

days.

785

10. A set of fingerprints from the person in the format

786

and under procedures specified by the department and payment of

787

a fee equal to the cost incurred by the department for the

788

criminal history records check of the person.

789

11. The name, address, occupation, and date and place of

790

birth for each member of the person's immediate family who is 18

791

years of age or older. As used in this subparagraph, the term

792

"member of the person's immediate family" includes the person's

793

spouse, children, parents, siblings, the spouses of the person's

794

children, and the spouses of the person's siblings.

795

12. Any other relevant information that the department

796

requires.

797

(b) Effective January 4, 2010, an application for initial

798

registration of a pain-management clinic or renewal of a pain-

799

management clinic registration must be accompanied by a personal

800

information statement for each person listed in paragraph

801

(5)(i). A pain-management clinic that initially registered or

802

renewed a registration before the department adopts rules

803

prescribing the format for the personal information statement

804

shall submit to the department a personal information statement,

805

including a set of fingerprints, for each person listed in

806

paragraph (5)(i) by October 1, 2010, or within 60 days after the

807

effective date of such rules prescribing the format for the

808

personal information statement, whichever occurs later. The

809

department may suspend or revoke the registration of a pain-

810

management clinic that does not comply with this paragraph.

811

812

provided with each personal information statement to the

813

Department of Law Enforcement for a statewide criminal records

814

check and for forwarding to the Federal Bureau of Investigation

815

for a national criminal records check.

816

2. Any person who submits to the department a set of

817

fingerprints for a criminal records check is not required to

818

provide a subsequent set of fingerprints if the person has

819

undergone a criminal records check with submission of

820

fingerprints for background screening as a condition of the

821

issuance of an initial registration or the initial renewal of a

822

registration on or after January 4, 2010.

823

3. The department shall submit fingerprints for those

824

undergoing a background screening and they must be submitted

825

electronically. The department shall screen background results

826

to determine if an applicant meets registration requirements.

827

4. The cost of fingerprint processing for an initial or

828

renewal registration must be borne by the person subject to the

829

background check. The Department of Law Enforcement shall

830

receive payment for processing the fingerprints submitted to it

831

each month by invoice to the Department of Health or by credit

832

card from the applicant or a vendor acting on behalf of the

833

applicant.

834

5. All fingerprints submitted to the Department of Law

835

Enforcement shall be retained by the Department of Law

836

Enforcement in a manner provided by rule and entered into the

837

statewide automated fingerprint identification system authorized

838

by s. 943.05(2)(b). The fingerprints shall thereafter be

839

available for all purposes and uses authorized for arrest

840

fingerprint cards entered in the statewide automated fingerprint

841

identification system pursuant to s. 943.051.

842

6. Fingerprints for arrests submitted or received under s.

843

943.051 shall be searched against the fingerprints retained in

844

the statewide automated fingerprint identification system. Any

845

arrest record that is identified with the retained fingerprints

846

of a person subject to the background screening under this

847

subsection shall be reported to the department.

848

7. Each person shall pay to the department a fee for the

849

cost of retaining the fingerprints and performing the ongoing

850

searches of arrest records. The Department of Law Enforcement

851

shall receive payment for processing and retaining the

852

fingerprints submitted to it each month by invoice to the

853

Department of Health or by credit card from the applicant or a

854

vendor acting on behalf of the applicant.

855

8. The Department of Law Enforcement shall adopt rules

856

establishing the amount of the fee and procedures for retaining

857

the fingerprints, performing the searches, and disseminating the

858

search results. The department shall notify the Department of

859

Law Enforcement of any change in a person's status as a person

860

listed in paragraph (5)(i) if, as a result of the change, the

861

person's fingerprints are no longer required to be retained

862

under paragraph (a).

863

(7) The State Surgeon General shall order a pain-

864

management clinic closed for operations if closure is warranted

865

following failure of the owner or operator of the clinic to pass

866

a background check of his or her criminal history. As determined

867

by rule, the department may grant an exemption if more than 10

868

years have elapsed since adjudication.

869

(8)(a) By January 3, 2011, the department shall adopt

870

rules to administer this section, which may include, but are not

871

limited to, rules for the reporting, management, development,

872

and implementation of the fingerprint requirements of this

873

section.

874

(b) The Department of Law Enforcement may adopt rules to

875

administer the provisions of this section conferring duties upon

876

the Department of Law Enforcement.

877

Section 9. Paragraph (e) is added to subsection (1) of

878

section 458.327, Florida Statutes, and paragraph (f) is added to

879

subsection (2) of that section, to read:

880

458.327 Penalty for violations.-

881

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

882

third degree, punishable as provided in s. 775.082, s. 775.083,

883

or s. 775.084:

884

(e) Knowingly operating, owning, or managing a

885

nonregistered pain-management clinic that is required to be

886

registered with the Department of Health pursuant to s.

887

458.309(4).

888

(2) Each of the following acts constitutes a misdemeanor

889

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

890

775.083:

891

(f) Knowingly prescribing, dispensing, or causing to be

892

prescribed or dispensed controlled substances in a nonregistered

893

pain-management clinic that is required to be registered with

894

the Department of Health pursuant to s. 458.309(4).

895

Section 10. Section 459.005, Florida Statutes, is amended

896

to read:

897

459.005 Rulemaking authority.-

898

(1) The department and the board may ~~has authority to~~

899

adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

900

the provisions of this chapter conferring duties upon it.

901

(2) All physicians who perform level 2 procedures lasting

902

more than 5 minutes and all level 3 surgical procedures in an

903

office setting must register the office with the department

904

unless that office is licensed as a facility pursuant to chapter

905

395. The department shall inspect the physician's office

906

annually unless the office is accredited by a nationally

907

recognized accrediting agency or an accrediting organization

908

subsequently approved by the Board of Osteopathic Medicine. The

909

actual costs for registration and inspection or accreditation

910

shall be paid by the person seeking to register and operate the

911

office setting in which office surgery is performed.

912

(3) Effective January 4, 2010, all privately owned pain-

913

management clinics, facilities, or offices, primarily engaged in

914

the treatment of pain by prescribing or dispensing controlled

915

substance medications, hereinafter referred to as "clinics,"

916

which advertise in any medium for any type of pain-management

917

services, or employ a physician who is licensed under this

918

chapter and who is primarily engaged in the treatment of pain by

919

prescribing or dispensing controlled substance medications, must

920

921

clinic is licensed as a facility under chapter 395. A physician

922

may not practice osteopathic medicine in a pain-management

923

clinic that is required to but has not registered with the

924

department. Each clinic location shall be registered separately

925

regardless of whether the clinic is operated under the same

926

business name or management as another clinic. ~~If the clinic is~~

927

~~licensed as a health care clinic under chapter 400, the medical~~

928

~~director is responsible for registering the facility with the~~

929

~~department.~~ If the clinic is not registered under chapter 395 or

930

chapter 400, the clinic shall, upon registration with the

931

department, designate a physician who is responsible for

932

complying with all requirements related to registration of the

933

clinic. The designated physician shall have a full, active, and

934

unencumbered license ~~be licensed~~ under chapter 458 or this

935

chapter and shall practice at the office location for which the

936

physician has assumed responsibility. The department shall

937

inspect the clinic annually, including a review of patient

938

records, to ensure that it complies with rules of the Board of

939

Osteopathic Medicine adopted pursuant to this subsection and

940

subsection (7) ~~(4)~~ unless the office is accredited by a

941

nationally recognized accrediting agency approved by the Board

942

of Osteopathic Medicine. The actual costs for registration and

943

inspection or accreditation shall be paid by the physician

944

seeking to register the clinic.

945

(4)(a) The department may deny an application for

946

registering a pain-management clinic or revoke or suspend a

947

current registration. The department may impose an

948

administrative fine on the clinic of up to $5,000 per violation

949

for violating the requirements of this section, chapter 499, the

950

Florida Drug and Cosmetic Act; chapter 893, the Florida

951

Comprehensive Drug Abuse Prevention and Control Act; 21 U.S.C.

952

ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C.

953

ss. 821 et seq., the Comprehensive Drug Abuse Prevention and

954

Control Act; or rules adopted by the department. In determining

955

whether any penalty is to be imposed, and in fixing the amount

956

of any fine, the department shall consider the following

957

factors:

958

1. The gravity of the violation, including the probability

959

that death or serious physical or emotional harm to a patient

960

resulted or may have resulted from the licensee's actions, the

961

severity of the action or potential harm, and the extent to

962

which applicable laws or rules are violated.

963

2. What actions, if any, the owner, medical director, or

964

designated physician took to correct the violations.

965

3. Whether there were any previous violations at the pain-

966

management clinic.

967

4. The financial benefits that the pain-management clinic

968

derives from committing or continuing to commit the violation.

969

(b) Each day that a violation continues after the date

970

fixed for termination as ordered by the department constitutes

971

an additional, separate, and distinct violation.

972

973

documented in writing by the owner, medical director, or

974

designated physician of the pain-management clinic and verified

975

by followup visits by department personnel. The department may

976

impose a fine and, in the case of an owner-operated pain-

977

management clinic, revoke or deny a clinic's license if the

978

medical director of the pain-management clinic, or the clinic's

979

designated physician, knowingly and intentionally misrepresents

980

actions taken to correct a violation.

981

(d) An owner, medical director, or designated physician of

982

a pain-management clinic who concurrently operates an unlicensed

983

pain-management clinic is subject to an administrative fine of

984

$5,000 per day.

985

(e) Any pain-management clinic whose owner fails to apply

986

for a change-of-ownership license and operates the clinic under

987

the new ownership is subject to a fine of $5,000.

988

(f) During an onsite inspection, the department shall make

989

a reasonable attempt to discuss each violation with the owner,

990

medical director, or designated physician of the pain-management

991

clinic before issuing a formal written notification.

992

(g)1. If the registration of a pain-management clinic is

993

revoked or suspended, the designated physician or medical

994

director of the pain-management clinic, the owner or lessor of

995

the pain-management clinic property, and the owner, manager, or

996

proprietor shall cease to operate the facility as a pain-

997

management clinic as of the effective date of the suspension or

998

revocation.

999

2. If a pain-management clinic registration is revoked or

1000

suspended, the designated physician or medical director of the

1001

pain-management clinic, the owner or lessor of the clinic

1002

property, and the owner, manager, or proprietor are responsible

1003

for removing all signs and symbols identifying the premises as a

1004

pain-management clinic.

1005

3. If the clinic's registration is revoked, any person

1006

named in the registration documents of the pain-management

1007

clinic, including persons owning or operating the pain-

1008

management clinic, may not as an individual or part of a group

1009

apply for a permit to operate a pain-management clinic for 5

1010

years after the date the registration is revoked.

1011

4. Upon the effective date of the suspension or

1012

revocation, the pain-management clinic shall advise the

1013

department of the disposition of the medicinal drugs located on

1014

the premises. The disposition is subject to the supervision and

1015

approval of the department. The department may designate the

1016

medicinal drugs purchased or held by a pain-management clinic

1017

that fails to register as required by law as adulterated drugs

1018

pursuant to s. 499.006.

1019

5. The period of the suspension shall be prescribed by the

1020

department, but may not exceed 1 year.

1021

(5) The department shall adopt rules necessary to

1022

administer the registration and inspection of pain-management

1023

clinics establishing the specific requirements, procedures,

1024

forms, and fees.

1025

(6) The department shall adopt a rule defining what

1026

constitutes practice by a designated physician at the office

1027

location for which the physician has assumed responsibility as

1028

set forth in subsections (2) and (3). When adopting the rule,

1029

the department shall consider the number of clinic employees,

1030

the location of the pain-management clinic, its hours of

1031

operation, and the amount of controlled substances being

1032

prescribed, dispensed, or administered at the pain-management

1033

clinic.

1034

(7)~~(4)~~ The Board of Osteopathic Medicine shall adopt rules

1035

setting forth standards of practice for physicians who practice

1036

in privately owned pain-management clinics that primarily engage

1037

in the treatment of pain by prescribing or dispensing controlled

1038

substance medications. The ~~Such~~ rules shall address, but need

1039

not be limited to, the following subjects:

1040

(a) Facility operations;

1041

(b) Physical operations;

1042

1043

(d) Health and safety requirements;

1044

(e) Quality assurance requirements;

1045

(f) Patient records;

1046

(g) Training requirements for all facility health care

1047

practitioners who are not regulated by another board;

1048

(h) Inspections; and

1049

(i) Data collection and reporting requirements.

1050

1051

A physician is primarily engaged in the treatment of pain by

1052

prescribing or dispensing controlled substance medications when

1053

the majority of the patients seen are prescribed or dispensed

1054

controlled substance medications for the treatment of chronic

1055

nonmalignant pain. Chronic nonmalignant pain is pain unrelated

1056

to cancer which persists beyond the usual course of the disease

1057

or the injury that is the cause of the pain or more than 90 days

1058

after surgery.

1059

(8)~~(5)~~ A privately owned clinic, facility, or office that

1060

advertises in any medium for any type of pain-management

1061

services or employs one or more physicians who are primarily

1062

engaged in the treatment of pain by prescribing or dispensing

1063

controlled substances is exempt from the registration provisions

1064

in subsection (3) if the majority of the physicians who provide

1065

services in the clinic, facility, or office primarily provide

1066

surgical services.

1067

Section 11. Paragraph (e) is added to subsection (1) of

1068

section 459.013, Florida Statutes, and paragraph (d) is added to

1069

subsection (2) of that section, to read:

1070

459.013 Penalty for violations.-

1071

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

1072

third degree, punishable as provided in s. 775.082, s. 775.083,

1073

or s. 775.084:

1074

(e) Knowingly operating, owning, or managing a

1075

nonregistered pain-management clinic that is required to be

1076

registered with the Department of Health pursuant to s.

1077

459.005(3).

1078

(2) Each of the following acts constitutes a misdemeanor

1079

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

1080

775.083:

1081

(d) Knowingly prescribing, dispensing, or causing to be

1082

prescribed or dispensed controlled substances in a nonregistered

1083

pain-management clinic which is required to be registered with

1084

the Department of Health pursuant to s. 459.005(3).

1085

Section 12. Section 459.0137, Florida Statutes, is created

1086

to read:

1087

459.0137 Pain-management clinics.-

1088

(1)(a) An osteopathic physician may not practice

1089

osteopathic medicine in a pain-management clinic unless the

1090

clinic is registered with the department pursuant to s.

1091

459.005(3). Each location of a pain-management clinic must be

1092

registered separately, whether the clinic is operated under the

1093

same business name or management as another clinic. If a pain-

1094

management clinic fails an annual inspection, the department may

1095

revoke the clinic's certificate of registration and prohibit all

1096

physicians associated with that pain-management clinic from

1097

practicing at that office location. A physician who violates

1098

this paragraph is subject to review by his or her appropriate

1099

medical regulatory board.

1100

(b) A pain-management clinic may not be owned, in whole or

1101

in part, by or have any contractual relationship, whether

1102

through employment or by independent contract, with:

1103

1. An osteopathic physician who, during the course of his

1104

or her practice, has been denied the privilege of prescribing,

1105

dispensing, administering, supplying, or selling any controlled

1106

substance and against whose medical license, during the course

1107

of his or her practice, the board has taken disciplinary action

1108

as a result of violating the laws or rules of this state, any

1109

other state, or the United States relating to prescribing or

1110

dispensing controlled substances, drug diversion, or his or her

1111

dependency on drugs or alcohol;

1112

2. A person whose application for a license to prescribe,

1113

dispense, or administer a controlled substance has been denied

1114

by any jurisdiction;

1115

3. The holder of a license issued by any jurisdiction

1116

which allowed the owner, employee, or person to prescribe,

1117

dispense, or administer a controlled substance and which has

1118

been restricted or revoked by the issuing jurisdiction;

1119

4. A person who is the subject of a disciplinary

1120

proceeding by any licensing entity for conduct resulting from

1121

drug diversion or inappropriately prescribing, dispensing, or

1122

administering a controlled substance; or

1123

5. A person who has been convicted of or pled guilty or

1124

nolo contendere to, regardless of adjudication, an offense that

1125

constitutes a felony or a misdemeanor for illicit drugs or the

1126

diversion of drugs, including a controlled substance listed in

1127

Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule

1128

V of s. 893.03, in this state, any other state, or the United

1129

States.

1130

1131

management clinic is owned, directly or indirectly, by a person

1132

meeting any criteria listed in paragraph (b), the department

1133

shall refuse to register the pain-management clinic or shall

1134

revoke the certificate of registration previously issued by the

1135

department. As determined by rule, the department may grant an

1136

exemption if more than 10 years have elapsed since adjudication.

1137

As used in this subsection, the term "convicted" includes an

1138

adjudication of guilt following a plea of guilty or nolo

1139

contendere or the forfeiture of a bond when charged with a

1140

crime.

1141

(d) The owner, operator, or designated osteopathic

1142

physician of a pain-management clinic shall:

1143

1. Be onsite at the pain-management clinic during the

1144

clinic's operating hours, with exemptions provided by department

1145

rule. If this requirement is not met by a designated physician,

1146

the owner or operator shall be physically present at the pain-

1147

management clinic during the clinic's operating hours; and

1148

2. Review each week at least 33 percent of the total

1149

number of patient files of the pain-management clinic for

1150

patients seen by the clinic during that week, including the

1151

patient files in the possession of a clinic employee or

1152

contractor to whom authority for patient care is delegated by

1153

the pain-management clinic, with exemptions provided by

1154

department rule.

1155

(e) A violation of this subsection is grounds for

1156

disciplinary action against the pain-management clinic, its

1157

owner, its operator, or its designated osteopathic physician

1158

under s. 459.005. An owner or operator who fails to comply with

1159

this subsection commits a misdemeanor of the first degree,

1160

punishable as provided in s. 775.082 or s. 775.083.

1161

(2) A person may not dispense any medication, including a

1162

controlled substance, on the premises of a pain-management

1163

clinic unless he or she is a physician licensed under this

1164

chapter or chapter 458; however, a pharmacist licensed under

1165

chapter 465 may dispense any medication, including a controlled

1166

substance, on the premises of a pain-management clinic.

1167

(3) After a physical examination of the patient the same

1168

day that a controlled substance is prescribed or dispensed for

1169

the physician's patient, the physician must document in the

1170

patient's record the reason for prescribing or dispensing more

1171

than a 72-hour dose of a controlled substance for the treatment

1172

of chronic nonmalignant pain. A physician shall follow the

1173

department's rules for treating pain when prescribing the use of

1174

controlled substances and dispensing controlled substances. The

1175

failure to follow the department's rules is grounds for

1176

disciplinary action by the Board of Osteopathic Medicine and the

1177

possible revocation of the clinic's certificate of registration

1178

by the department.

1179

(4) As used in this section, the term:

1180

(a) "Controlled substance" means a controlled substance

1181

listed in Schedule II, Schedule III, or Schedule IV of s.

1182

893.03.

1183

(b) "Parties affiliated with a pain-management clinic"

1184

means:

1185

1. A director, officer, trustee, partner, or committee

1186

member of a pain-management clinic or applicant, or a subsidiary

1187

or service corporation of the pain-management clinic or

1188

applicant; or

1189

2. A person who, directly or indirectly, manages,

1190

controls, or oversees the operation of a pain-management clinic

1191

or applicant, regardless of whether the person is a partner,

1192

shareholder, manager, member, officer, director, independent

1193

contractor, or employee of the pain-management clinic or

1194

applicant.

1195

(5) On or after January 3, 2011, an application for an

1196

initial or renewal registration of a pain-management clinic must

1197

include:

1198

(a) The name, full business address, and telephone number

1199

of the applicant.

1200

(b) All trade or business names used by the applicant.

1201

1202

persons for each facility used by the applicant for prescribing

1203

or dispensing controlled substance medications in the treatment

1204

of pain.

1205

(d) The type of ownership or operation, such as a

1206

partnership, corporation, or sole proprietorship.

1207

(e) The names of each owner and each operator of the pain-

1208

management clinic, including:

1209

1. If an individual, the name of the individual.

1210

2. If a partnership, the name of each partner and the name

1211

of the partnership.

1212

3. If a corporation:

1213

a. The name, address, and title of each corporate officer

1214

and director.

1215

b. The name and address of the corporation and the

1216

resident agent of the corporation, the resident agent's address,

1217

and the corporation's state of incorporation.

1218

c. The name and address of each shareholder of the

1219

corporation that owns 5 percent or more of the outstanding stock

1220

of the corporation.

1221

4. If a sole proprietorship, the full name of the sole

1222

proprietor and the name of the business entity.

1223

5. If a limited liability company:

1224

a. The name and address of each member.

1225

b. The name and address of each manager.

1226

c. The name and address of the limited liability company,

1227

the resident agent of the limited liability company, and the

1228

name of the state in which the limited liability company was

1229

organized.

1230

(f) The tax year of the applicant.

1231

(g) A copy of the deed for the property on which the

1232

applicant's pain-management clinic is located, if the clinic is

1233

owned by the applicant, or a copy of the applicant's lease for

1234

the property on which the applicant's pain-management clinic is

1235

located, which must have an original term of not less than 1

1236

calendar year, if the pain-management clinic is not owned by the

1237

applicant.

1238

(h) A list of all licenses and permits issued to the

1239

applicant by any other state which authorize the applicant to

1240

purchase or possess prescription drugs.

1241

(i) The name of the manager of the pain-management clinic

1242

that is applying for the initial or renewal registration, the

1243

names of the next four highest ranking employees responsible for

1244

operations of the pain-management clinic, the name of all

1245

parties affiliated with the pain-management clinic, and the

1246

personal information statement and set of fingerprints required

1247

under subsection (6) for each such person.

1248

(6)(a) Each person listed in paragraph (5)(i) shall submit

1249

to the department a personal information statement in the format

1250

prescribed by the department, which must be submitted under oath

1251

or affirmation under penalty of perjury and contain the

1252

following information:

1253

1. The person's places of residence for the past 7 years.

1254

2. The person's date and place of birth.

1255

3. The person's occupations, positions of employment, and

1256

offices held during the past 7 years.

1257

4. The principal business and address of any business,

1258

corporation, or other organization in which the person:

1259

a. Held an office during the past 7 years; or

1260

b. Had an occupation or position of employment during the

1261

past 7 years.

1262

5. Whether the person has been, during the past 7 years,

1263

the subject of any proceeding for the revocation of any license

1264

and, if so, the nature of the proceeding and the disposition of

1265

the proceeding.

1266

6. Whether, during the past 7 years, the person has been

1267

enjoined, temporarily or permanently, by a court of competent

1268

jurisdiction from violating any federal or state law regulating

1269

the possession, control, or distribution of controlled

1270

substances, together with details concerning any such event.

1271

7. A description of any involvement by the person during

1272

the past 7 years, including any investments, other than the

1273

ownership of stock in a publicly traded company or mutual fund,

1274

with any business that manufactured, administered, prescribed,

1275

distributed, or stored pharmaceutical products and any lawsuits

1276

in which the businesses were named as a party.

1277

8. A description of any felony criminal offense of which

1278

the person, as an adult, was found guilty, regardless of whether

1279

adjudication of guilt was withheld or whether the person pled

1280

guilty or nolo contendere. A criminal offense committed in

1281

another jurisdiction which would have been a felony in this

1282

state must be reported. If the person indicates that a criminal

1283

conviction is under appeal and submits a copy of the notice of

1284

appeal of that criminal offense, the applicant shall, within 15

1285

days after the disposition of the appeal, submit to the

1286

department a copy of the final written order of disposition.

1287

9. A photograph of the person taken in the previous 30

1288

days.

1289

10. A set of fingerprints from the person in the format

1290

and under procedures specified by the department and payment of

1291

a fee equal to the cost incurred by the department for the

1292

criminal history records check of the person.

1293

11. The name, address, occupation, and date and place of

1294

birth for each member of the person's immediate family who is 18

1295

years of age or older. As used in this subparagraph, the term

1296

"member of the person's immediate family" includes the person's

1297

spouse, children, parents, siblings, the spouses of the person's

1298

children, and the spouses of the person's siblings.

1299

12. Any other relevant information that the department

1300

requires.

1301

(b) Effective January 4, 2010, an application for initial

1302

registration of a pain-management clinic or renewal of a pain-

1303

management clinic registration must be accompanied by a personal

1304

information statement for each person listed in paragraph

1305

(5)(i). A pain-management clinic that initially registered or

1306

renewed a registration before the department adopts rules

1307

prescribing the format for the personal information statement

1308

shall submit to the department a personal information statement,

1309

including a set of fingerprints, for each person listed in

1310

paragraph (5)(i) by October 1, 2010, or within 60 days after the

1311

effective date of such rules prescribing the format for the

1312

personal information statement, whichever occurs later. The

1313

department may suspend or revoke the registration of a pain-

1314

management clinic that does not comply with this paragraph.

1315

1316

provided with each personal information statement to the

1317

Department of Law Enforcement for a statewide criminal records

1318

check and for forwarding to the Federal Bureau of Investigation

1319

for a national criminal records check.

1320

2. Any person who submits to the department a set of

1321

fingerprints for a criminal records check is not required to

1322

provide a subsequent set of fingerprints for a criminal record

1323

check if the person has undergone a criminal record check with

1324

submission of fingerprints for background screening as a

1325

condition of the issuance of an initial registration or the

1326

renewal of a registration on or after January 4, 2010.

1327

3. The department shall submit fingerprints for those

1328

undergoing a background screening and they must be submitted

1329

electronically. The department shall screen background results

1330

to determine if an applicant meets registration requirements.

1331

4. The cost of fingerprint processing for an initial or

1332

renewal registration must be borne by the person subject to the

1333

background check. The Department of Law Enforcement shall

1334

receive payment for processing the fingerprints submitted to it

1335

each month by invoice to the Department of Health or by credit

1336

card from the applicant or a vendor acting on behalf of the

1337

applicant.

1338

5. All fingerprints submitted to the Department of Law

1339

Enforcement shall be retained by the Department of Law

1340

Enforcement in a manner provided by rule and entered into the

1341

statewide automated fingerprint identification system authorized

1342

by s. 943.05(2)(b). The fingerprints shall thereafter be

1343

available for all purposes and uses authorized for arrest

1344

fingerprint cards entered in the statewide automated fingerprint

1345

identification system pursuant to s. 943.051.

1346

6. Fingerprints for arrests submitted or received under s.

1347

943.051 shall be searched against the fingerprints retained in

1348

the statewide automated fingerprint identification system. Any

1349

arrest record that is identified with the retained fingerprints

1350

of a person subject to the background screening under this

1351

subsection shall be reported to the department.

1352

7. Each person shall pay to the department a fee for the

1353

cost of retaining the fingerprints and performing the ongoing

1354

searches of arrest records. The Department of Law Enforcement

1355

shall receive payment for processing and retaining the

1356

fingerprints submitted to it each month by invoice to the

1357

Department of Health or by credit card from the applicant or a

1358

vendor acting on behalf of the applicant.

1359

8. The Department of Law Enforcement shall adopt rules

1360

establishing the amount of the fee and procedures for retaining

1361

the fingerprints, performing the searches, and disseminating the

1362

search results. The department shall notify the Department of

1363

Law Enforcement of any change in a person's status as a person

1364

listed in paragraph (5)(i) if, as a result of the change, the

1365

person's fingerprints are no longer required to be retained

1366

under paragraph (a).

1367

(7) The State Surgeon General shall order a pain-

1368

management clinic closed for operations if closure is warranted

1369

following failure of the owner or operator of the clinic to pass

1370

a background check of his or her criminal history. As determined

1371

by rule, the department may grant an exemption if more than 10

1372

years have elapsed since adjudication.

1373

(8)(a) By January 3, 2011, the department shall adopt

1374

rules to administer this section, which may include, but are not

1375

limited to, rules for the reporting, management, development,

1376

and implementation of the fingerprint requirements of this

1377

section.

1378

(b) The Department of Law Enforcement may adopt rules to

1379

administer the provisions of this section conferring duties upon

1380

the Department of Law Enforcement.

1381

Section 13. Section 893.065, Florida Statutes, is amended

1382

to read:

1383

893.065 Counterfeit-resistant prescription blanks for

1384

controlled substances listed in Schedule II, Schedule III, or

1385

Schedule IV.-

1386

(1) The Department of Health shall develop and adopt by

1387

rule the form and content for a counterfeit-resistant

1388

prescription blank which may be used by practitioners for the

1389

purpose of prescribing a controlled substance listed in Schedule

1390

II, Schedule III, or Schedule IV of s. 893.03. The Department of

1391

Health may require the prescription blanks to be printed on

1392

distinctive, watermarked paper and to bear the preprinted name,

1393

address, and category of professional licensure of the

1394

practitioner and that practitioner's federal registry number for

1395

controlled substances. The prescription blanks may not be

1396

transferred.

1397

(2) A practitioner prescribing controlled substances in a

1398

pain-management clinic as defined in s. 458.305 or s. 459.005

1399

must use counterfeit-resistant prescription blanks that comply

1400

with this section, including the required security features,

1401

information, and content of such prescription blanks, when

1402

prescribing any controlled substance listed in Schedule II,

1403

Schedule III, or Schedule IV.

1404

Section 14. Paragraphs (a) and (c) of subsection (7) of

1405

section 893.13, Florida Statutes, are amended to read:

1406

893.13 Prohibited acts; penalties.-

1407

(7)(a) It is unlawful for any person:

1408

1. To distribute or dispense a controlled substance in

1409

violation of this chapter.

1410

2. To refuse or fail to make, keep, or furnish any record,

1411

notification, order form, statement, invoice, or information

1412

required under this chapter.

1413

3. To refuse an entry into any premises for any inspection

1414

or to refuse to allow any inspection authorized by this chapter.

1415

4. To distribute a controlled substance named or described

1416

in s. 893.03(1) or (2) except pursuant to an order form as

1417

required by s. 893.06.

1418

5. To keep or maintain any store, shop, warehouse,

1419

dwelling, building, vehicle, boat, aircraft, or other structure

1420

or place which is resorted to by persons using controlled

1421

substances in violation of this chapter for the purpose of using

1422

these substances, or which is used for keeping or selling them

1423

in violation of this chapter.

1424

6. To use to his or her own personal advantage, or to

1425

reveal, any information obtained in enforcement of this chapter

1426

except in a prosecution or administrative hearing for a

1427

violation of this chapter.

1428

7. To possess a prescription form which has not been

1429

completed and signed by the practitioner whose name appears

1430

printed thereon, unless the person is that practitioner, is an

1431

agent or employee of that practitioner, is a pharmacist, or is a

1432

supplier of prescription forms who is authorized by that

1433

practitioner to possess those forms.

1434

8. To withhold information from a practitioner from whom

1435

the person seeks to obtain a controlled substance or a

1436

prescription for a controlled substance that the person making

1437

the request has received a controlled substance or a

1438

prescription for a controlled substance of like therapeutic use

1439

from another practitioner within the previous 30 days or, with

1440

the intent to obtain a controlled substance or an amount of a

1441

controlled substance that is not medically necessary for the

1442

person, to obtain or seek to obtain from a practitioner a

1443

controlled substance or a prescription for a controlled

1444

substance by misrepresentation, fraud, forgery, deception,

1445

subterfuge, or concealment of a material fact. As used in this

1446

subparagraph, the term "material fact" includes whether a person

1447

has an existing prescription for a controlled substance issued

1448

for the same period of time by another practitioner.

1449

9. To acquire or obtain, or attempt to acquire or obtain,

1450

possession of a controlled substance by misrepresentation,

1451

fraud, forgery, deception, or subterfuge.

1452

10. To affix any false or forged label to a package or

1453

receptacle containing a controlled substance.

1454

11. To furnish false or fraudulent material information

1455

in, or omit any material information from, any report or other

1456

document required to be kept or filed under this chapter or any

1457

record required to be kept by this chapter.

1458

12. To store anhydrous ammonia in a container that is not

1459

approved by the United States Department of Transportation to

1460

hold anhydrous ammonia or is not constructed in accordance with

1461

sound engineering, agricultural, or commercial practices.

1462

1463

subparagraphs (a)8.-12. commits a felony of the third degree,

1464

punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

1465

except that a person who violates subparagraph (a)8. in a

1466

violation that involves a substance listed in s. 893.03(1) or s.

1467

893.03(2) commits a felony of the second degree, punishable as

1468

provided in s. 775.082, s. 775.083, or s. 775.084, and a person

1469

who violates subparagraph (a)8. in a violation that involves a

1470

substance listed in s. 893.03(5) commits a misdemeanor of the

1471

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

1472

775.083.

1473

Section 15. Paragraphs (c) and (d) of subsection (3) of

1474

section 921.0022, Florida Statutes, are amended to read:

1475

921.0022 Criminal Punishment Code; offense severity

1476

ranking chart.-

1477

(3) OFFENSE SEVERITY RANKING CHART

1478

1479

FloridaStatute

FelonyDegree

Description

1480

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

1481

316.066(6)(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

1482

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

1483

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

1484

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

1485

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

1486

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

1487

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

1488

327.35(2)(b)

3rd

Felony BUI.

1489

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

1490

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

1491

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

1492

379.2431(1)(e)5.

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

1493

379.2431(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

1494

400.9935(4)

3rd

Operating a clinic without a license or filing false license application or other required information.

1495

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

1496

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

1497

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

1498

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

1499

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

1500

697.08

3rd

Equity skimming.

1501

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

1502

796.05(1)

3rd

Live on earnings of a prostitute.

1503

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

1504

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

1505

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

1506

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

1507

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

1508

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

1509

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

1510

817.233

3rd

Burning to defraud insurer.

1511

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

1512

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

1513

817.236

3rd

Filing a false motor vehicle insurance application.

1514

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

1515

817.413(2)

3rd

Sale of used goods as new.

1516

817.505(4)

3rd

Patient brokering.

1517

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

1518

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

1519

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

1520

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

1521

843.19

3rd

Injure, disable, or kill police dog or horse.

1522

860.15(3)

3rd

Overcharging for repairs and parts.

1523

870.01(2)

3rd

Riot; inciting or encouraging.

1524

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

1525

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

1526

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

1527

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

1528

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for Sched. III or IV a controlled substance or obtain or attempt to obtain controlled substance by fraud, etc.

1529

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

1530

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

1531

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

1532

893.13(8)(a)1.

3rd

Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

1533

893.13(8)(a)2.

3rd

Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

1534

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

1535

893.13(8)(a)4.

3rd

Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

1536

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

1537

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

1538

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

1539

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

1540

1541

(d) LEVEL 4

1542

FloridaStatute

FelonyDegree

Description

1543

316.1935(3)(a)

2nd

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.

1544

499.0051(1)

3rd

Failure to maintain or deliver pedigree papers.

1545

499.0051(2)

3rd

Failure to authenticate pedigree papers.

1546

499.0051(6)

2nd

Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.

1547

784.07(2)(b)

3rd

Battery of law enforcement officer, firefighter, intake officer, etc.

1548

784.074(1)(c)

3rd

Battery of sexually violent predators facility staff.

1549

784.075

3rd

Battery on detention or commitment facility staff.

1550

784.078

3rd

Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

1551

784.08(2)(c)

3rd

Battery on a person 65 years of age or older.

1552

784.081(3)

3rd

Battery on specified official or employee.

1553

784.082(3)

3rd

Battery by detained person on visitor or other detainee.

1554

784.083(3)

3rd

Battery on code inspector.

1555

784.085

3rd

Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

1556

787.03(1)

3rd

Interference with custody; wrongly takes minor from appointed guardian.

1557

787.04(2)

3rd

Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

1558

787.04(3)

3rd

Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

1559

790.115(1)

3rd

Exhibiting firearm or weapon within 1,000 feet of a school.

1560

790.115(2)(b)

3rd

Possessing electric weapon or device, destructive device, or other weapon on school property.

1561

790.115(2)(c)

3rd

Possessing firearm on school property.

1562

800.04(7)(c)

3rd

Lewd or lascivious exhibition; offender less than 18 years.

1563

810.02(4)(a)

3rd

Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

1564

810.02(4)(b)

3rd

Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

1565

810.06

3rd

Burglary; possession of tools.

1566

810.08(2)(c)

3rd

Trespass on property, armed with firearm or dangerous weapon.

1567

812.014(2)(c)3.

3rd

Grand theft, 3rd degree $10,000 or more but less than $20,000.

1568

812.014(2)(c)4.-10.

3rd

Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

1569

812.0195(2)

3rd

Dealing in stolen property by use of the Internet; property stolen $300 or more.

1570

817.563(1)

3rd

Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

1571

817.568(2)(a)

3rd

Fraudulent use of personal identification information.

1572

817.625(2)(a)

3rd

Fraudulent use of scanning device or reencoder.

1573

828.125(1)

2nd

Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

1574

837.02(1)

3rd

Perjury in official proceedings.

1575

837.021(1)

3rd

Make contradictory statements in official proceedings.

1576

838.022

3rd

Official misconduct.

1577

839.13(2)(a)

3rd

Falsifying records of an individual in the care and custody of a state agency.

1578

839.13(2)(c)

3rd

Falsifying records of the Department of Children and Family Services.

1579

843.021

3rd

Possession of a concealed handcuff key by a person in custody.

1580

843.025

3rd

Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

1581

843.15(1)(a)

3rd

Failure to appear while on bail for felony (bond estreature or bond jumping).

1582

847.0135(5)(c)

3rd

Lewd or lascivious exhibition using computer; offender less than 18 years.

1583

874.05(1)

3rd

Encouraging or recruiting another to join a criminal gang.

1584

893.13(2)(a)1.

2nd

Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).

1585

893.13(7)(a)8.

2nd

Withhold information from practitioner regarding previous receipt of or prescription for Sched. I or II controlled substance or obtain or attempt to obtain controlled substance by fraud, etc.

1586

914.14(2)

3rd

Witnesses accepting bribes.

1587

914.22(1)

3rd

Force, threaten, etc., witness, victim, or informant.

1588

914.23(2)

3rd

Retaliation against a witness, victim, or informant, no bodily injury.

1589

918.12

3rd

Tampering with jurors.

1590

934.215

3rd

Use of two-way communications device to facilitate commission of a crime.

1591

1592

Section 16. This act shall take effect July 1, 2010.

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