Florida Senate - 2016                              CS for SB 918
       
       
        
       By the Committee on Health Policy; and Senator Richter
       
       588-02036-16                                           2016918c1
    1                        A bill to be entitled                      
    2         An act relating to licensure of health care
    3         professionals; amending s. 381.0034, F.S.; deleting
    4         the requirement that applicants making initial
    5         application for certain licensure complete certain
    6         courses; amending s. 456.013, F.S.; revising course
    7         requirements for renewing a certain license; amending
    8         s. 456.024, F.S.; providing for the issuance of a
    9         license to practice under certain conditions to a
   10         military health care practitioner in a profession for
   11         which licensure in a state or jurisdiction is not
   12         required to practice in the military; providing for
   13         the issuance of a temporary professional license under
   14         certain conditions to the spouse of an active duty
   15         member of the Armed Forces of the United States who is
   16         a healthcare practitioner in a profession for which
   17         licensure in a state or jurisdiction may not be
   18         required; deleting the requirement that an applicant
   19         who is issued a temporary professional license to
   20         practice as a dentist must practice under the indirect
   21         supervision of a licensed dentist; amending s.
   22         456.025, F.S.; deleting the requirement for an annual
   23         meeting of chairpersons of Division of Medical Quality
   24         Assurance boards and professions; deleting the
   25         requirement that certain recommendations be included
   26         in a report to the Legislature; deleting a requirement
   27         that the Department of Health set license fees and
   28         recommend fee cap increases in certain circumstances;
   29         providing that a profession may operate at a deficit
   30         for a certain time period; deleting a provision
   31         authorizing the department to advance funds under
   32         certain circumstances; deleting a requirement that the
   33         department implement an electronic continuing
   34         education tracking system; authorizing the department
   35         to waive specified costs under certain circumstances;
   36         revising legislative intent; deleting a prohibition
   37         against the expenditure of funds by the department
   38         from the account of a profession to pay for the
   39         expenses of another profession; deleting a requirement
   40         that the department include certain information in an
   41         annual report to the Legislature; creating s.
   42         456.0361, F.S.; requiring the department to establish
   43         an electronic continuing education tracking system;
   44         prohibiting the department from renewing a license
   45         unless the licensee has complied with all continuing
   46         education requirements; authorizing the department to
   47         adopt rules; amending s. 456.057, F.S.; revising a
   48         provision for a person or an entity appointed by a
   49         board to be approved by the department; authorizing
   50         the department to contract with a third party to
   51         provide record custodian services; amending s.
   52         456.0635, F.S.; deleting a provision on applicability
   53         relating to the issuance of licenses; amending s.
   54         457.107, F.S.; deleting a provision authorizing the
   55         Board of Acupuncture to request certain documentation
   56         from applicants; amending s. 458.347, F.S.; deleting a
   57         requirement that a physician assistant file a signed
   58         affidavit with the department; amending s. 463.007,
   59         F.S.; making technical changes; amending s. 464.203,
   60         F.S.; revising inservice training requirements for
   61         certified nursing assistants; deleting a rulemaking
   62         requirement; repealing s. 464.2085, F.S., relating to
   63         the Council on Certified Nursing Assistants; amending
   64         s. 465.0276, F.S.; deleting a requirement that the
   65         department inspect certain facilities; amending s.
   66         466.0135, F.S.; deleting a requirement that a dentist
   67         file a signed affidavit with the department; deleting
   68         a provision authorizing the Board of Dentistry to
   69         request certain documentation from applicants;
   70         amending s. 466.014, F.S.; deleting a requirement that
   71         a dental hygienist file a signed affidavit with the
   72         department; deleting a provision authorizing the board
   73         to request certain documentation from applicants;
   74         amending s. 466.032, F.S.; deleting a requirement that
   75         a dental laboratory file a signed affidavit with the
   76         department; deleting a provision authorizing the
   77         department to request certain documentation from
   78         applicants; repealing s. 468.1201, F.S., relating to a
   79         requirement for instruction on human immunodeficiency
   80         virus and acquired immune deficiency syndrome;
   81         amending s. 483.901, F.S.; deleting provisions
   82         relating to the Advisory Council of Medical Physicists
   83         in the department; authorizing the department to issue
   84         temporary licenses in certain circumstances;
   85         authorizing the department to adopt rules; amending s.
   86         484.047, F.S.; deleting a requirement for a written
   87         statement from an applicant in certain circumstances;
   88         amending s. 486.109, F.S.; deleting a provision
   89         authorizing the department to conduct a random audit
   90         for certain information; amending ss. 499.028 and
   91         921.0022, F.S.; conforming cross-references; providing
   92         an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsection (3) of section 381.0034, Florida
   97  Statutes, is amended to read:
   98         381.0034 Requirement for instruction on HIV and AIDS.—
   99         (3) The department shall require, as a condition of
  100  granting a license under chapter 467 or part III of chapter 483
  101  the chapters specified in subsection (1), that an applicant
  102  making initial application for licensure complete an educational
  103  course acceptable to the department on human immunodeficiency
  104  virus and acquired immune deficiency syndrome. Upon submission
  105  of an affidavit showing good cause, an applicant who has not
  106  taken a course at the time of licensure must shall, upon an
  107  affidavit showing good cause, be allowed 6 months to complete
  108  this requirement.
  109         Section 2. Subsection (7) of section 456.013, Florida
  110  Statutes, is amended to read:
  111         456.013 Department; general licensing provisions.—
  112         (7) The boards, or the department when there is no board,
  113  shall require the completion of a 2-hour course relating to
  114  prevention of medical errors as part of the biennial licensure
  115  and renewal process. The 2-hour course counts toward shall count
  116  towards the total number of continuing education hours required
  117  for the profession. The course must shall be approved by the
  118  board or department, as appropriate, and must shall include a
  119  study of root-cause analysis, error reduction and prevention,
  120  and patient safety. In addition, the course approved by the
  121  Board of Medicine and the Board of Osteopathic Medicine must
  122  shall include information relating to the five most misdiagnosed
  123  conditions during the previous biennium, as determined by the
  124  board. If the course is being offered by a facility licensed
  125  pursuant to chapter 395 for its employees, the board may approve
  126  up to 1 hour of the 2-hour course to be specifically related to
  127  error reduction and prevention methods used in that facility.
  128         Section 3. Paragraph (a) of subsection (3) and paragraphs
  129  (a) and (j) of subsection (4) of section 456.024, Florida
  130  Statutes, are amended to read:
  131         456.024 Members of Armed Forces in good standing with
  132  administrative boards or the department; spouses; licensure.—
  133         (3) A person who serves or has served as a health care
  134  practitioner in the United States Armed Forces, United States
  135  Reserve Forces, or the National Guard or a person who serves or
  136  has served on active duty with the United States Armed Forces as
  137  a health care practitioner in the United States Public Health
  138  Service is eligible for licensure in this state. The department
  139  shall develop an application form, and each board, or the
  140  department if there is no board, shall waive the application
  141  fee, licensure fee, and unlicensed activity fee for such
  142  applicants. For purposes of this subsection, “health care
  143  practitioner” means a health care practitioner as defined in s.
  144  456.001 and a person licensed under part III of chapter 401 or
  145  part IV of chapter 468.
  146         (a) The board, or department if there is no board, shall
  147  issue a license to practice in this state to a person who:
  148         1. Submits a complete application.
  149         2. Receives an honorable discharge within 6 months before,
  150  or will receive an honorable discharge within 6 months after,
  151  the date of submission of the application.
  152         3. Holds an active, unencumbered license issued by another
  153  state, the District of Columbia, or a possession or territory of
  154  the United States and who has not had disciplinary action taken
  155  against him or her in the 5 years preceding the date of
  156  submission of the application, or who is a military health care
  157  practitioner in a profession for which licensure in a state or
  158  jurisdiction is not required to practice in the United States
  159  Armed Services, who provides evidence of military training or
  160  experience substantially equivalent to the requirements for
  161  licensure in this state in that profession, and who obtained a
  162  passing score on the appropriate examination of a national or
  163  regional standards organization if required for licensure in
  164  this state.
  165         4. Attests that he or she is not, at the time of
  166  submission, the subject of a disciplinary proceeding in a
  167  jurisdiction in which he or she holds a license or by the United
  168  States Department of Defense for reasons related to the practice
  169  of the profession for which he or she is applying.
  170         5. Actively practiced the profession for which he or she is
  171  applying for the 3 years preceding the date of submission of the
  172  application.
  173         6. Submits a set of fingerprints for a background screening
  174  pursuant to s. 456.0135, if required for the profession for
  175  which he or she is applying.
  176  
  177  The department shall verify information submitted by the
  178  applicant under this subsection using the National Practitioner
  179  Data Bank.
  180         (4)(a) The board, or the department if there is no board,
  181  may issue a temporary professional license to the spouse of an
  182  active duty member of the Armed Forces of the United States who
  183  submits to the department:
  184         1. A completed application upon a form prepared and
  185  furnished by the department in accordance with the board’s
  186  rules;
  187         2. The required application fee;
  188         3. Proof that the applicant is married to a member of the
  189  Armed Forces of the United States who is on active duty;
  190         4. Proof that the applicant holds a valid license for the
  191  profession issued by another state, the District of Columbia, or
  192  a possession or territory of the United States, and is not the
  193  subject of any disciplinary proceeding in any jurisdiction in
  194  which the applicant holds a license to practice a profession
  195  regulated by this chapter; or proof that the applicant is a
  196  practitioner of health care in a profession for which licensure
  197  in another state or jurisdiction is not required, has training
  198  or experience substantially equivalent to the requirements for
  199  licensure in this state in that profession, and has obtained a
  200  passing score on the appropriate examination of a national or
  201  regional standards organization if required for licensure in
  202  this state; and
  203         5. Proof that the applicant’s spouse is assigned to a duty
  204  station in this state pursuant to the member’s official active
  205  duty military orders.; and
  206         6. Proof that the applicant would otherwise be entitled to
  207  full licensure under the appropriate practice act, and is
  208  eligible to take the respective licensure examination as
  209  required in Florida.
  210         (j) An applicant who is issued a temporary professional
  211  license to practice as a dentist pursuant to this section must
  212  practice under the indirect supervision, as defined in s.
  213  466.003, of a dentist licensed pursuant to chapter 466.
  214         Section 4. Present subsections (3) through (11) of section
  215  456.025, Florida Statutes, are redesignated as subsections (2)
  216  through (10), respectively, and present subsections (2), (3),
  217  (7), and (8) of that section are amended, to read:
  218         456.025 Fees; receipts; disposition.—
  219         (2) The chairpersons of the boards and councils listed in
  220  s. 20.43(3)(g) shall meet annually at division headquarters to
  221  review the long-range policy plan required by s. 456.005 and
  222  current and proposed fee schedules. The chairpersons shall make
  223  recommendations for any necessary statutory changes relating to
  224  fees and fee caps. Such recommendations shall be compiled by the
  225  Department of Health and be included in the annual report to the
  226  Legislature required by s. 456.026 as well as be included in the
  227  long-range policy plan required by s. 456.005.
  228         (2)(3) Each board within the jurisdiction of the
  229  department, or the department when there is no board, shall
  230  determine by rule the amount of license fees for the profession
  231  it regulates, based upon long-range estimates prepared by the
  232  department of the revenue required to implement laws relating to
  233  the regulation of professions by the department and the board.
  234  Each board, or the department if there is no board, shall ensure
  235  that license fees are adequate to cover all anticipated costs
  236  and to maintain a reasonable cash balance, as determined by rule
  237  of the agency, with advice of the applicable board. If
  238  sufficient action is not taken by a board within 1 year after
  239  notification by the department that license fees are projected
  240  to be inadequate, the department shall set license fees on
  241  behalf of the applicable board to cover anticipated costs and to
  242  maintain the required cash balance. The department shall include
  243  recommended fee cap increases in its annual report to the
  244  Legislature. Further, it is the intent of the Legislature
  245  legislative intent that a no regulated profession not operate
  246  with a negative cash balance. If, however, a profession’s fees
  247  are at their statutory fee cap and the requirements of
  248  subsections (1) and (4) are met, a profession may operate at a
  249  deficit until the deficit is eliminated The department may
  250  provide by rule for advancing sufficient funds to any profession
  251  operating with a negative cash balance. The advancement may be
  252  for a period not to exceed 2 consecutive years, and the
  253  regulated profession must pay interest. Interest shall be
  254  calculated at the current rate earned on investments of a trust
  255  fund used by the department to implement this chapter. Interest
  256  earned shall be allocated to the various funds in accordance
  257  with the allocation of investment earnings during the period of
  258  the advance.
  259         (6)(7) Each board, or the department if there is no board,
  260  shall establish, by rule, a fee of up to not to exceed $250 for
  261  anyone seeking approval to provide continuing education courses
  262  or programs and shall establish by rule a biennial renewal fee
  263  of up to not to exceed $250 for the renewal of an approval to
  264  provide providership of such courses. The fees collected from
  265  continuing education providers shall be used for the purposes of
  266  reviewing course provider applications, monitoring the integrity
  267  of the courses provided, covering legal expenses incurred as a
  268  result of not granting or renewing an approval a providership,
  269  and developing and maintaining an electronic continuing
  270  education tracking system pursuant to s. 456.0361. The
  271  department shall implement an electronic continuing education
  272  tracking system for each new biennial renewal cycle for which
  273  electronic renewals are implemented after the effective date of
  274  this act and shall integrate such system into the licensure and
  275  renewal system. All approved continuing education providers
  276  shall provide information on course attendance to the department
  277  necessary to implement the electronic tracking system. The
  278  department shall, by rule, specify the form and procedures by
  279  which the information is to be submitted.
  280         (7)(8) All moneys collected by the department from fees or
  281  fines or from costs awarded to the agency by a court shall be
  282  paid into a trust fund used by the department to implement this
  283  chapter. The Legislature shall appropriate funds from this trust
  284  fund sufficient to administer carry out this chapter and the
  285  provisions of law with respect to professions regulated by the
  286  Division of Medical Quality Assurance within the department and
  287  the boards. The department may contract with public and private
  288  entities to receive and deposit revenue pursuant to this
  289  section. The department shall maintain separate accounts in the
  290  trust fund used by the department to implement this chapter for
  291  every profession within the department. To the maximum extent
  292  possible, the department shall directly charge all expenses to
  293  the account of each regulated profession. For the purpose of
  294  this subsection, direct charge expenses include, but are not
  295  limited to, costs for investigations, examinations, and legal
  296  services. For expenses that cannot be charged directly, the
  297  department shall provide for the proportionate allocation among
  298  the accounts of expenses incurred by the department in the
  299  performance of its duties with respect to each regulated
  300  profession. If a profession has established renewal fees that
  301  meet the requirements of subsection (1), has fees that are at
  302  the statutory fee cap, and has been operating in a deficit for 2
  303  or more fiscal years, the department may waive allocated
  304  administrative and operational indirect costs until such time as
  305  the profession has a positive cash balance. The costs related to
  306  administration and operations include, but are not limited to,
  307  the costs of the director’s office and the costs of system
  308  support, communications, central records, and other such
  309  administrative functions. Such waived costs shall be allocated
  310  to the other professions that must meet the requirements of this
  311  section, and cash in the unlicensed activity account under s.
  312  456.065 of the profession whose costs have been waived shall be
  313  transferred to the operating account in an amount not to exceed
  314  the amount of the deficit. The regulation by the department of
  315  professions, as defined in this chapter, must shall be financed
  316  solely from revenue collected by the department it from fees and
  317  other charges and deposited in the Medical Quality Assurance
  318  Trust Fund, and all such revenue is hereby appropriated to the
  319  department, which. However, it is legislative intent that each
  320  profession shall operate within its anticipated fees. The
  321  department may not expend funds from the account of a profession
  322  to pay for the expenses incurred on behalf of another
  323  profession, except that the Board of Nursing must pay for any
  324  costs incurred in the regulation of certified nursing
  325  assistants. The department shall maintain adequate records to
  326  support its allocation of agency expenses. The department shall
  327  provide any board with reasonable access to these records upon
  328  request. On or before October 1 of each year, the department
  329  shall provide each board an annual report of revenue and direct
  330  and allocated expenses related to the operation of that
  331  profession. The board shall use these reports and the
  332  department’s adopted long-range plan to determine the amount of
  333  license fees. A condensed version of this information, with the
  334  department’s recommendations, shall be included in the annual
  335  report to the Legislature prepared under s. 456.026.
  336         Section 5. Section 456.0361, Florida Statutes, is created
  337  to read:
  338         456.0361 Compliance with continuing education
  339  requirements.—
  340         (1) The department shall establish an electronic continuing
  341  education tracking system to monitor licensee compliance with
  342  applicable continuing education requirements and to determine
  343  whether a licensee is in full compliance with the requirements
  344  at the time of his or her application for license renewal. The
  345  tracking system shall be integrated into the department’s
  346  licensure and renewal process.
  347         (2) The department may not renew a license until the
  348  licensee complies with all applicable continuing education
  349  requirements. This subsection does not prohibit the department
  350  or the boards from imposing additional penalties under the
  351  applicable professional practice act or applicable rules for
  352  failure to comply with continuing education requirements.
  353         (3) The department may adopt rules to implement this
  354  section.
  355         Section 6. Subsection (20) of section 456.057, Florida
  356  Statutes, is amended to read:
  357         456.057 Ownership and control of patient records; report or
  358  copies of records to be furnished; disclosure of information.—
  359         (20) The board with department approval, or department when
  360  there is no board, may temporarily or permanently appoint a
  361  person or an entity as a custodian of medical records in the
  362  event of the death of a practitioner, the mental or physical
  363  incapacitation of a the practitioner, or the abandonment of
  364  medical records by a practitioner. Such The custodian appointed
  365  shall comply with all provisions of this section. The department
  366  may contract with a third party to provide these services under
  367  the confidentiality and disclosure requirements of this section,
  368  including the release of patient records.
  369         Section 7. Subsection (2) of section 456.0635, Florida
  370  Statutes, is amended to read:
  371         456.0635 Health care fraud; disqualification for license,
  372  certificate, or registration.—
  373         (2) Each board within the jurisdiction of the department,
  374  or the department if there is no board, shall refuse to admit a
  375  candidate to any examination and refuse to issue a license,
  376  certificate, or registration to any applicant if the candidate
  377  or applicant or any principal, officer, agent, managing
  378  employee, or affiliated person of the applicant:
  379         (a) Has been convicted of, or entered a plea of guilty or
  380  nolo contendere to, regardless of adjudication, a felony under
  381  chapter 409, chapter 817, or chapter 893, or a similar felony
  382  offense committed in another state or jurisdiction, unless the
  383  candidate or applicant has successfully completed a drug court
  384  program for that felony and provides proof that the plea has
  385  been withdrawn or the charges have been dismissed. Any such
  386  conviction or plea shall exclude the applicant or candidate from
  387  licensure, examination, certification, or registration unless
  388  the sentence and any subsequent period of probation for such
  389  conviction or plea ended:
  390         1. For felonies of the first or second degree, more than 15
  391  years before the date of application.
  392         2. For felonies of the third degree, more than 10 years
  393  before the date of application, except for felonies of the third
  394  degree under s. 893.13(6)(a).
  395         3. For felonies of the third degree under s. 893.13(6)(a),
  396  more than 5 years before the date of application;
  397         (b) Has been convicted of, or entered a plea of guilty or
  398  nolo contendere to, regardless of adjudication, a felony under
  399  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
  400  sentence and any subsequent period of probation for such
  401  conviction or plea ended more than 15 years before the date of
  402  the application;
  403         (c) Has been terminated for cause from the Florida Medicaid
  404  program pursuant to s. 409.913, unless the candidate or
  405  applicant has been in good standing with the Florida Medicaid
  406  program for the most recent 5 years;
  407         (d) Has been terminated for cause, pursuant to the appeals
  408  procedures established by the state, from any other state
  409  Medicaid program, unless the candidate or applicant has been in
  410  good standing with a state Medicaid program for the most recent
  411  5 years and the termination occurred at least 20 years before
  412  the date of the application; or
  413         (e) Is currently listed on the United States Department of
  414  Health and Human Services Office of Inspector General’s List of
  415  Excluded Individuals and Entities.
  416  
  417  This subsection does not apply to candidates or applicants for
  418  initial licensure or certification who were enrolled in an
  419  educational or training program on or before July 1, 2009, which
  420  was recognized by a board or, if there is no board, recognized
  421  by the department, and who applied for licensure after July 1,
  422  2012.
  423         Section 8. Subsection (3) of section 457.107, Florida
  424  Statutes, is amended to read:
  425         457.107 Renewal of licenses; continuing education.—
  426         (3) The board shall by rule prescribe by rule continuing
  427  education requirements of up to, not to exceed 30 hours
  428  biennially, as a condition for renewal of a license. All
  429  education programs that contribute to the advancement,
  430  extension, or enhancement of professional skills and knowledge
  431  related to the practice of acupuncture, whether conducted by a
  432  nonprofit or profitmaking entity, are eligible for approval. The
  433  continuing professional education requirements must be in
  434  acupuncture or oriental medicine subjects, including, but not
  435  limited to, anatomy, biological sciences, adjunctive therapies,
  436  sanitation and sterilization, emergency protocols, and diseases.
  437  The board may shall have the authority to set a fee of up to,
  438  not to exceed $100, for each continuing education provider. The
  439  licensee shall retain in his or her records the certificates of
  440  completion of continuing professional education requirements to
  441  prove compliance with this subsection. The board may request
  442  such documentation without cause from applicants who are
  443  selected at random. All national and state acupuncture and
  444  oriental medicine organizations and acupuncture and oriental
  445  medicine schools are approved to provide continuing professional
  446  education in accordance with this subsection.
  447         Section 9. Paragraph (e) of subsection (4) of section
  448  458.347, Florida Statutes, is amended to read:
  449         458.347 Physician assistants.—
  450         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  451         (e) A supervisory physician may delegate to a fully
  452  licensed physician assistant the authority to prescribe or
  453  dispense any medication used in the supervisory physician’s
  454  practice unless such medication is listed on the formulary
  455  created pursuant to paragraph (f). A fully licensed physician
  456  assistant may only prescribe or dispense such medication under
  457  the following circumstances:
  458         1. A physician assistant must clearly identify to the
  459  patient that he or she is a physician assistant and.
  460  Furthermore, the physician assistant must inform the patient
  461  that the patient has the right to see the physician before a
  462  prior to any prescription is being prescribed or dispensed by
  463  the physician assistant.
  464         2. The supervisory physician must notify the department of
  465  his or her intent to delegate, on a department-approved form,
  466  before delegating such authority and notify the department of
  467  any change in prescriptive privileges of the physician
  468  assistant. Authority to dispense may be delegated only by a
  469  supervising physician who is registered as a dispensing
  470  practitioner in compliance with s. 465.0276.
  471         3. The physician assistant must complete file with the
  472  department a signed affidavit that he or she has completed a
  473  minimum of 10 continuing medical education hours in the
  474  specialty practice in which the physician assistant has
  475  prescriptive privileges with each licensure renewal application.
  476         4. The department may issue a prescriber number to the
  477  physician assistant granting authority for the prescribing of
  478  medicinal drugs authorized within this paragraph upon completion
  479  of the foregoing requirements of this paragraph. The physician
  480  assistant is shall not be required to independently register
  481  pursuant to s. 465.0276.
  482         5. The prescription must be written in a form that complies
  483  with chapter 499 and, in addition to the supervisory physician’s
  484  name, address, and telephone number, must contain, in addition
  485  to the supervisory physician’s name, address, and telephone
  486  number, the physician assistant’s prescriber number. Unless it
  487  is a drug or drug sample dispensed by the physician assistant,
  488  the prescription must be filled in a pharmacy permitted under
  489  chapter 465 and must be dispensed in that pharmacy by a
  490  pharmacist licensed under chapter 465. The inclusion appearance
  491  of the prescriber number creates a presumption that the
  492  physician assistant is authorized to prescribe the medicinal
  493  drug and the prescription is valid.
  494         6. The physician assistant must note the prescription or
  495  dispensing of medication in the appropriate medical record.
  496         Section 10. Subsection (3) of section 463.007, Florida
  497  Statutes, is amended to read:
  498         463.007 Renewal of license; continuing education.—
  499         (3) As a condition of license renewal, a licensee must
  500  Unless otherwise provided by law, the board shall require
  501  licensees to periodically demonstrate his or her their
  502  professional competence, as a condition of renewal of a license,
  503  by completing up to 30 hours of continuing education during the
  504  2-year period preceding license renewal. For certified
  505  optometrists, the 30-hour continuing education requirement
  506  includes shall include 6 or more hours of approved transcript
  507  quality coursework in ocular and systemic pharmacology and the
  508  diagnosis, treatment, and management of ocular and systemic
  509  conditions and diseases during the 2-year period preceding
  510  application for license renewal.
  511         Section 11. Subsection (7) of section 464.203, Florida
  512  Statutes, is amended to read:
  513         464.203 Certified nursing assistants; certification
  514  requirement.—
  515         (7) A certified nursing assistant shall complete 24 12
  516  hours of inservice training during each biennium calendar year.
  517  The certified nursing assistant shall maintain be responsible
  518  for maintaining documentation demonstrating compliance with
  519  these provisions. The Council on Certified Nursing Assistants,
  520  in accordance with s. 464.2085(2)(b), shall propose rules to
  521  implement this subsection.
  522         Section 12. Section 464.2085, Florida Statutes, is
  523  repealed.
  524         Section 13. Paragraph (b) of subsection (1) and subsection
  525  (3) of section 465.0276, Florida Statutes, are amended to read:
  526         465.0276 Dispensing practitioner.—
  527         (1)
  528         (b) A practitioner registered under this section may not
  529  dispense a controlled substance listed in Schedule II or
  530  Schedule III as provided in s. 893.03. This paragraph does not
  531  apply to:
  532         1. The dispensing of complimentary packages of medicinal
  533  drugs which are labeled as a drug sample or complimentary drug
  534  as defined in s. 499.028 to the practitioner’s own patients in
  535  the regular course of her or his practice without the payment of
  536  a fee or remuneration of any kind, whether direct or indirect,
  537  as provided in subsection (4) subsection (5).
  538         2. The dispensing of controlled substances in the health
  539  care system of the Department of Corrections.
  540         3. The dispensing of a controlled substance listed in
  541  Schedule II or Schedule III in connection with the performance
  542  of a surgical procedure. The amount dispensed pursuant to the
  543  subparagraph may not exceed a 14-day supply. This exception does
  544  not allow for the dispensing of a controlled substance listed in
  545  Schedule II or Schedule III more than 14 days after the
  546  performance of the surgical procedure. For purposes of this
  547  subparagraph, the term “surgical procedure” means any procedure
  548  in any setting which involves, or reasonably should involve:
  549         a. Perioperative medication and sedation that allows the
  550  patient to tolerate unpleasant procedures while maintaining
  551  adequate cardiorespiratory function and the ability to respond
  552  purposefully to verbal or tactile stimulation and makes intra-
  553  and postoperative monitoring necessary; or
  554         b. The use of general anesthesia or major conduction
  555  anesthesia and preoperative sedation.
  556         4. The dispensing of a controlled substance listed in
  557  Schedule II or Schedule III pursuant to an approved clinical
  558  trial. For purposes of this subparagraph, the term “approved
  559  clinical trial” means a clinical research study or clinical
  560  investigation that, in whole or in part, is state or federally
  561  funded or is conducted under an investigational new drug
  562  application that is reviewed by the United States Food and Drug
  563  Administration.
  564         5. The dispensing of methadone in a facility licensed under
  565  s. 397.427 where medication-assisted treatment for opiate
  566  addiction is provided.
  567         6. The dispensing of a controlled substance listed in
  568  Schedule II or Schedule III to a patient of a facility licensed
  569  under part IV of chapter 400.
  570         (3) The department shall inspect any facility where a
  571  practitioner dispenses medicinal drugs pursuant to subsection
  572  (2) in the same manner and with the same frequency as it
  573  inspects pharmacies for the purpose of determining whether the
  574  practitioner is in compliance with all statutes and rules
  575  applicable to her or his dispensing practice.
  576         Section 14. Subsection (3) of section 466.0135, Florida
  577  Statutes, is amended to read:
  578         466.0135 Continuing education; dentists.—
  579         (3) A In applying for license renewal, the dentist shall
  580  complete submit a sworn affidavit, on a form acceptable to the
  581  department, attesting that she or he has completed the required
  582  continuing education as provided required in this section in
  583  accordance with the guidelines and provisions of this section
  584  and listing the date, location, sponsor, subject matter, and
  585  hours of completed continuing education courses. An The
  586  applicant shall retain in her or his records any such receipts,
  587  vouchers, or certificates as may be necessary to document
  588  completion of such the continuing education courses listed in
  589  accordance with this subsection. With cause, the board may
  590  request such documentation by the applicant, and the board may
  591  request such documentation from applicants selected at random
  592  without cause.
  593         Section 15. Section 466.014, Florida Statutes, is amended
  594  to read:
  595         466.014 Continuing education; dental hygienists.—In
  596  addition to the other requirements for relicensure for dental
  597  hygienists set out in this chapter act, the board shall require
  598  each licensed dental hygienist to complete at least not less
  599  than 24 hours but not or more than 36 hours of continuing
  600  professional education in dental subjects, biennially, in
  601  programs prescribed or approved by the board or in equivalent
  602  programs of continuing education. Programs of continuing
  603  education approved by the board are shall be programs of
  604  learning which, in the opinion of the board, contribute directly
  605  to the dental education of the dental hygienist. The board shall
  606  adopt rules and guidelines to administer and enforce the
  607  provisions of this section. In applying for license renewal, the
  608  dental hygienist shall submit a sworn affidavit, on a form
  609  acceptable to the department, attesting that she or he has
  610  completed the continuing education required in this section in
  611  accordance with the guidelines and provisions of this section
  612  and listing the date, location, sponsor, subject matter, and
  613  hours of completed continuing education courses. An The
  614  applicant shall retain in her or his records any such receipts,
  615  vouchers, or certificates as may be necessary to document
  616  completion of such the continuing education courses listed in
  617  accordance with this section. With cause, the board may request
  618  such documentation by the applicant, and the board may request
  619  such documentation from applicants selected at random without
  620  cause. Compliance with the continuing education requirements is
  621  shall be mandatory for issuance of the renewal certificate. The
  622  board may shall have the authority to excuse licensees, as a
  623  group or as individuals, from all or part of the continuing
  624  educational requirements if, or any part thereof, in the event
  625  an unusual circumstance, emergency, or hardship has prevented
  626  compliance with this section.
  627         Section 16. Subsection (5) of section 466.032, Florida
  628  Statutes, is amended to read:
  629         466.032 Registration.—
  630         (5) A The dental laboratory owner or at least one employee
  631  of any dental laboratory renewing registration on or after July
  632  1, 2010, shall complete 18 hours of continuing education
  633  biennially. Programs of continuing education must shall be
  634  programs of learning that contribute directly to the education
  635  of the dental technician and may include, but are not limited
  636  to, attendance at lectures, study clubs, college courses, or
  637  scientific sessions of conventions and research.
  638         (a) The aim of continuing education for dental technicians
  639  is to improve dental health care delivery to the public as such
  640  is impacted through the design, manufacture, and use of
  641  artificial human oral prosthetics and related restorative
  642  appliances.
  643         (b) Continuing education courses shall address one or more
  644  of the following areas of professional development, including,
  645  but not limited to:
  646         1. Laboratory and technological subjects, including, but
  647  not limited to, laboratory techniques and procedures, materials,
  648  and equipment; and
  649         2. Subjects pertinent to oral health, infection control,
  650  and safety.
  651         (c) Programs that meet meeting the general requirements of
  652  continuing education may be developed and offered to dental
  653  technicians by the Florida Dental Laboratory Association and the
  654  Florida Dental Association. Other organizations, schools, or
  655  agencies may also be approved to develop and offer continuing
  656  education in accordance with specific criteria established by
  657  the department.
  658         (d) Any dental laboratory renewing a registration on or
  659  after July 1, 2010, shall submit a sworn affidavit, on a form
  660  approved by the department, attesting that either the dental
  661  laboratory owner or one dental technician employed by the
  662  registered dental laboratory has completed the continuing
  663  education required in this subsection in accordance with the
  664  guidelines and provisions of this subsection and listing the
  665  date, location, sponsor, subject matter, and hours of completed
  666  continuing education courses. The dental laboratory shall retain
  667  in its records such receipts, vouchers, or certificates as may
  668  be necessary to document completion of the continuing education
  669  courses listed in accordance with this subsection. With cause,
  670  the department may request that the documentation be provided by
  671  the applicant. The department may also request the documentation
  672  from applicants selected at random without cause.
  673         (d)(e)1. This subsection does not apply to a dental
  674  laboratory that is physically located within a dental practice
  675  operated by a dentist licensed under this chapter.
  676         2. A dental laboratory in another state or country which
  677  provides service to a dentist licensed under this chapter is not
  678  required to register with the state and may continue to provide
  679  services to such dentist with a proper prescription. However, a
  680  dental laboratory in another state or country, however, may
  681  voluntarily comply with this subsection.
  682         Section 17. Section 468.1201, Florida Statutes, is
  683  repealed.
  684         Section 18. Paragraph (a) of subsection (3), subsections
  685  (4) and (5), paragraphs (a) and (e) of subsection (6), and
  686  subsection (7) of section 483.901, Florida Statutes, are
  687  amended, and paragraph (k) is added to subsection (6) of that
  688  section, to read:
  689         483.901 Medical physicists; definitions; licensure.—
  690         (3) DEFINITIONS.—As used in this section, the term:
  691         (a) “Council” means the Advisory Council of Medical
  692  Physicists in the Department of Health.
  693         (4) COUNCIL.—The Advisory Council of Medical Physicists is
  694  created in the Department of Health to advise the department in
  695  regulating the practice of medical physics in this state.
  696         (a) The council shall be composed of nine members appointed
  697  by the State Surgeon General as follows:
  698         1. A licensed medical physicist who specializes in
  699  diagnostic radiological physics.
  700         2. A licensed medical physicist who specializes in
  701  therapeutic radiological physics.
  702         3. A licensed medical physicist who specializes in medical
  703  nuclear radiological physics.
  704         4. A physician who is board certified by the American Board
  705  of Radiology or its equivalent.
  706         5. A physician who is board certified by the American
  707  Osteopathic Board of Radiology or its equivalent.
  708         6. A chiropractic physician who practices radiology.
  709         7. Three consumer members who are not, and have never been,
  710  licensed as a medical physicist or licensed in any closely
  711  related profession.
  712         (b) The State Surgeon General shall appoint the medical
  713  physicist members of the council from a list of candidates who
  714  are licensed to practice medical physics.
  715         (c) The State Surgeon General shall appoint the physician
  716  members of the council from a list of candidates who are
  717  licensed to practice medicine in this state and are board
  718  certified in diagnostic radiology, therapeutic radiology, or
  719  radiation oncology.
  720         (d) The State Surgeon General shall appoint the public
  721  members of the council.
  722         (e) As the term of each member expires, the State Surgeon
  723  General shall appoint the successor for a term of 4 years. A
  724  member shall serve until the member’s successor is appointed,
  725  unless physically unable to do so.
  726         (f) An individual is ineligible to serve more than two full
  727  consecutive 4-year terms.
  728         (g) If a vacancy on the council occurs, the State Surgeon
  729  General shall appoint a member to serve for a 4-year term.
  730         (h) A council member must be a United States citizen and
  731  must have been a resident of this state for 2 consecutive years
  732  immediately before being appointed.
  733         1. A member of the council who is a medical physicist must
  734  have practiced for at least 6 years before being appointed or be
  735  board certified for the specialty in which the member practices.
  736         2. A member of the council who is a physician must be
  737  licensed to practice medicine in this state and must have
  738  practiced diagnostic radiology or radiation oncology in this
  739  state for at least 2 years before being appointed.
  740         3. The public members of the council must not have a
  741  financial interest in any endeavor related to the practice of
  742  medical physics.
  743         (i) A council member may be removed from the council if the
  744  member:
  745         1. Did not have the required qualifications at the time of
  746  appointment;
  747         2. Does not maintain the required qualifications while
  748  serving on the council; or
  749         3. Fails to attend the regularly scheduled council meetings
  750  in a calendar year as required by s. 456.011.
  751         (j) Members of the council may not receive compensation for
  752  their services; however, they are entitled to reimbursement,
  753  from funds deposited in the Medical Quality Assurance Trust
  754  Fund, for necessary travel expenses as specified in s. 112.061
  755  for each day they engage in the business of the council.
  756         (k) At the first regularly scheduled meeting of each
  757  calendar year, the council shall elect a presiding officer and
  758  an assistant presiding officer from among its members. The
  759  council shall meet at least once each year and at other times in
  760  accordance with department requirements.
  761         (l) The department shall provide administrative support to
  762  the council for all licensing activities.
  763         (m) The council may conduct its meetings electronically.
  764         (5) POWERS OF COUNCIL.—The council shall:
  765         (a) Recommend rules to administer this section.
  766         (b) Recommend practice standards for the practice of
  767  medical physics which are consistent with the Guidelines for
  768  Ethical Practice for Medical Physicists prepared by the American
  769  Association of Physicists in Medicine and disciplinary
  770  guidelines adopted under s. 456.079.
  771         (c) Develop and recommend continuing education requirements
  772  for licensed medical physicists.
  773         (4)(6) LICENSE REQUIRED.—An individual may not engage in
  774  the practice of medical physics, including the specialties of
  775  diagnostic radiological physics, therapeutic radiological
  776  physics, medical nuclear radiological physics, or medical health
  777  physics, without a license issued by the department for the
  778  appropriate specialty.
  779         (a) The department shall adopt rules to administer this
  780  section which specify license application and renewal fees,
  781  continuing education requirements, and standards for practicing
  782  medical physics. The council shall recommend to the department
  783  continuing education requirements that shall be a condition of
  784  license renewal. The department shall require a minimum of 24
  785  hours per biennium of continuing education offered by an
  786  organization recommended by the council and approved by the
  787  department. The department, upon recommendation of the council,
  788  may adopt rules to specify continuing education requirements for
  789  persons who hold a license in more than one specialty.
  790         (e) Upon On receipt of an application and fee as specified
  791  in this section, the department may issue a license to practice
  792  medical physics in this state on or after October 1, 1997, to a
  793  person who is board certified in the medical physics specialty
  794  in which the applicant applies to practice by the American Board
  795  of Radiology for diagnostic radiological physics, therapeutic
  796  radiological physics, or medical nuclear radiological physics;
  797  by the American Board of Medical Physics for diagnostic
  798  radiological physics, therapeutic radiological physics, or
  799  medical nuclear radiological physics; or by the American Board
  800  of Health Physics or an equivalent certifying body approved by
  801  the department.
  802         (k) Upon proof of a completed residency program and receipt
  803  of the fee set forth by rule, the department may issue a
  804  temporary license for no more than 1 year. The department may
  805  adopt by rule requirements for temporary licensure and renewal
  806  of temporary licenses.
  807         (5)(7) FEES.—The fee for the initial license application
  808  shall be $500 and is nonrefundable. The fee for license renewal
  809  may not be more than $500. These fees may cover only the costs
  810  incurred by the department and the council to administer this
  811  section. By July 1 each year, the department shall determine
  812  advise the council if the fees are insufficient to administer
  813  this section.
  814         Section 19. Subsection (2) of section 484.047, Florida
  815  Statutes, is amended to read:
  816         484.047 Renewal of license.—
  817         (2) In addition to the other requirements for renewal
  818  provided in this section and by the board, the department shall
  819  renew a license upon receipt of the renewal application and, the
  820  renewal fee, and a written statement affirming compliance with
  821  all other requirements set forth in this section and by the
  822  board. A licensee must maintain, if applicable, a certificate
  823  from a manufacturer or independent testing agent certifying that
  824  the testing room meets the requirements of s. 484.0501(6) and,
  825  if applicable, a certificate from a manufacturer or independent
  826  testing agent stating that all audiometric testing equipment
  827  used by the licensee has been calibrated acoustically to
  828  American National Standards Institute standards on an annual
  829  basis acoustically to American National Standards Institute
  830  standard specifications. Possession of any applicable
  831  certificate is the certificates shall be a prerequisite to
  832  renewal.
  833         Section 20. Subsections (1) and (4) of section 486.109,
  834  Florida Statutes, are amended to read:
  835         486.109 Continuing education.—
  836         (1) The board shall require licensees to periodically
  837  demonstrate their professional competence as a condition of
  838  renewal of a license by completing 24 hours of continuing
  839  education biennially.
  840         (4) Each licensee shall maintain be responsible for
  841  maintaining sufficient records in a format as determined by rule
  842  which shall be subject to a random audit by the department to
  843  demonstrate assure compliance with this section.
  844         Section 21. Paragraph (a) of subsection (15) of section
  845  499.028, Florida Statutes, is amended to read:
  846         499.028 Drug samples or complimentary drugs; starter packs;
  847  permits to distribute.—
  848         (15) A person may not possess a prescription drug sample
  849  unless:
  850         (a) The drug sample was prescribed to her or him as
  851  evidenced by the label required in s. 465.0276(4) s.
  852  465.0276(5).
  853         Section 22. Paragraph (g) of subsection (3) of section
  854  921.0022, Florida Statutes, is amended to read:
  855         921.0022 Criminal Punishment Code; offense severity ranking
  856  chart.—
  857         (3) OFFENSE SEVERITY RANKING CHART
  858         (g) LEVEL 7
  859  
  860  FloridaStatute           FelonyDegree         Description         
  861  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  862  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  863  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  864  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  865  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  866  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  867  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  868  456.065(2)                    3rd     Practicing a health care profession without a license.
  869  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  870  458.327(1)                    3rd     Practicing medicine without a license.
  871  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  872  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  873  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  874  462.17                        3rd     Practicing naturopathy without a license.
  875  463.015(1)                    3rd     Practicing optometry without a license.
  876  464.016(1)                    3rd     Practicing nursing without a license.
  877  465.015(2)                    3rd     Practicing pharmacy without a license.
  878  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  879  467.201                       3rd     Practicing midwifery without a license.
  880  468.366                       3rd     Delivering respiratory care services without a license.
  881  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  882  483.901(7) 483.901(9)         3rd     Practicing medical physics without a license.
  883  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  884  484.053                       3rd     Dispensing hearing aids without a license.
  885  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  886  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  887  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  888  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  889  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  890  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  891  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  892  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  893  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  894  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  895  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  896  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  897  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  898  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  899  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  900  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  901  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  902  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  903  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  904  784.081(1)                    1st     Aggravated battery on specified official or employee.
  905  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  906  784.083(1)                    1st     Aggravated battery on code inspector.
  907  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  908  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
  909  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  910  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  911  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  912  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  913  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  914  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  915  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  916  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  917  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  918  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  919  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  920  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
  921  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
  922  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  923  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  924  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  925  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  926  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  927  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  928  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  929  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  930  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  931  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  932  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  933  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  934  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  935  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  936  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  937  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  938  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  939  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  940  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  941  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  942  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
  943  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  944  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  945  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  946  838.015                       2nd     Bribery.                    
  947  838.016                       2nd     Unlawful compensation or reward for official behavior.
  948  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  949  838.22                        2nd     Bid tampering.              
  950  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  951  843.0855(3)                   3rd     Unlawful simulation of legal process.
  952  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  953  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  954  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  955  872.06                        2nd     Abuse of a dead human body. 
  956  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  957  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  958  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  959  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  960  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  961  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  962  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  963  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  964  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  965  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  966  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  967  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  968  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  969  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  970  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  971  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  972  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  973  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  974  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  975  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  976  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  977  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  978  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  979  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  980  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  981  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  982  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  983  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  984  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  985  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  986  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  987  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  988  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  989  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  990         Section 23. This act shall take effect July 1, 2016.