Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 8
       
       
       
       
       
       
                                Ì194134ÊÎ194134                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/16/2018           .                                
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       The Committee on Health Policy (Benacquisto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (2) of section
    6  409.967, Florida Statutes, is amended to read:
    7         409.967 Managed care plan accountability.—
    8         (2) The agency shall establish such contract requirements
    9  as are necessary for the operation of the statewide managed care
   10  program. In addition to any other provisions the agency may deem
   11  necessary, the contract must require:
   12         (c) Access.—
   13         1. The agency shall establish specific standards for the
   14  number, type, and regional distribution of providers in managed
   15  care plan networks to ensure access to care for both adults and
   16  children. Each plan must maintain a regionwide network of
   17  providers in sufficient numbers to meet the access standards for
   18  specific medical services for all recipients enrolled in the
   19  plan. The exclusive use of mail-order pharmacies may not be
   20  sufficient to meet network access standards. Consistent with the
   21  standards established by the agency, provider networks may
   22  include providers located outside the region. A plan may
   23  contract with a new hospital facility before the date the
   24  hospital becomes operational if the hospital has commenced
   25  construction, will be licensed and operational by January 1,
   26  2013, and a final order has issued in any civil or
   27  administrative challenge. Each plan shall establish and maintain
   28  an accurate and complete electronic database of contracted
   29  providers, including information about licensure or
   30  registration, locations and hours of operation, specialty
   31  credentials and other certifications, specific performance
   32  indicators, and such other information as the agency deems
   33  necessary. The database must be available online to both the
   34  agency and the public and have the capability to compare the
   35  availability of providers to network adequacy standards and to
   36  accept and display feedback from each provider’s patients. Each
   37  plan shall submit quarterly reports to the agency identifying
   38  the number of enrollees assigned to each primary care provider.
   39         2. Each managed care plan must publish any prescribed drug
   40  formulary or preferred drug list on the plan’s website in a
   41  manner that is accessible to and searchable by enrollees and
   42  providers. The plan must update the list within 24 hours after
   43  making a change. Each plan must ensure that the prior
   44  authorization process for prescribed drugs is readily accessible
   45  to health care providers, including posting appropriate contact
   46  information on its website and providing timely responses to
   47  providers. For Medicaid recipients diagnosed with hemophilia who
   48  have been prescribed anti-hemophilic-factor replacement
   49  products, the agency shall provide for those products and
   50  hemophilia overlay services through the agency’s hemophilia
   51  disease management program.
   52         3. Managed care plans, and their fiscal agents or
   53  intermediaries, must accept prior authorization requests for any
   54  service electronically.
   55         4. Managed care plans, and their fiscal agents and
   56  intermediaries, may not implement, manage, or require a prior
   57  authorization process or step therapy procedures and may not
   58  impose any other conditions on recipients as a prerequisite to
   59  receiving medication-assisted treatment (MAT) services, as
   60  defined in s. 397.311, to treat substance abuse disorders.
   61         5. Managed care plans serving children in the care and
   62  custody of the Department of Children and Families must maintain
   63  complete medical, dental, and behavioral health encounter
   64  information and participate in making such information available
   65  to the department or the applicable contracted community-based
   66  care lead agency for use in providing comprehensive and
   67  coordinated case management. The agency and the department shall
   68  establish an interagency agreement to provide guidance for the
   69  format, confidentiality, recipient, scope, and method of
   70  information to be made available and the deadlines for
   71  submission of the data. The scope of information available to
   72  the department shall be the data that managed care plans are
   73  required to submit to the agency. The agency shall determine the
   74  plan’s compliance with standards for access to medical, dental,
   75  and behavioral health services; the use of medications; and
   76  followup on all medically necessary services recommended as a
   77  result of early and periodic screening, diagnosis, and
   78  treatment.
   79         Section 2. Section 456.0301, Florida Statutes, is created
   80  to read:
   81         456.0301Requirement for instruction on controlled
   82  substance prescribing.-
   83         (1)(a)If not already required by the licensee’s practice
   84  act, the appropriate board shall require each person registered
   85  with the United States Drug Enforcement Administration and
   86  authorized to prescribe controlled substances pursuant to 21
   87  U.S.C. s. 822 to complete a board-approved 2-hour continuing
   88  education course on prescribing controlled substances as part of
   89  biennial license renewal. The course must include information on
   90  the current standards for prescribing controlled substances,
   91  particularly opiates; alternatives to these standards; and
   92  information on the risks of opioid addiction following all
   93  stages of treatment in the management of acute pain. The course
   94  may be offered in a distance learning format and must be
   95  included within the number of continuing education hours
   96  required by law. The department may not renew the license of any
   97  prescriber registered with the United States Drug Enforcement
   98  Administration to prescribe controlled substances who has failed
   99  to complete the course. When required by this paragraph, the
  100  course must be completed by January 31, 2019, and at each
  101  subsequent renewal.
  102         (b)Each such licensee shall submit confirmation of having
  103  completed such course when applying for biennial license
  104  renewal.
  105         (2)Each board may adopt rules to administer this section.
  106         Section 3. Paragraph (gg) of subsection (1) of section
  107  456.072, Florida Statutes, is amended to read:
  108         456.072 Grounds for discipline; penalties; enforcement.—
  109         (1) The following acts shall constitute grounds for which
  110  the disciplinary actions specified in subsection (2) may be
  111  taken:
  112         (gg) Engaging in a pattern of practice when prescribing
  113  medicinal drugs or controlled substances which demonstrates a
  114  lack of reasonable skill or safety to patients, a violation of
  115  any provision of this chapter or ss. 893.055 and 893.0551, a
  116  violation of the applicable practice act, or a violation of any
  117  rules adopted under this chapter or the applicable practice act
  118  of the prescribing practitioner. Notwithstanding s. 456.073(13),
  119  the department may initiate an investigation and establish such
  120  a pattern from billing records, data, or any other information
  121  obtained by the department.
  122         Section 4. Paragraphs (a) through (g) of subsection (1) of
  123  section 456.44, Florida Statutes, are redesignated as paragraphs
  124  (b) through (h), respectively, a new paragraph (a) is added to
  125  that subsection, subsection (3) is amended, and subsections (4)
  126  and (5) are added to that section, to read:
  127         456.44 Controlled substance prescribing.—
  128         (1) DEFINITIONS.—As used in this section, the term:
  129         (a)“Acute pain” means the normal, predicted,
  130  physiological, and time-limited response to an adverse chemical,
  131  thermal, or mechanical stimulus associated with surgery, trauma,
  132  or acute illness.
  133         (3) STANDARDS OF PRACTICE FOR TREATMENT OF CHRONIC
  134  NONMALIGNANT PAIN.—The standards of practice in this section do
  135  not supersede the level of care, skill, and treatment recognized
  136  in general law related to health care licensure.
  137         (a) A complete medical history and a physical examination
  138  must be conducted before beginning any treatment and must be
  139  documented in the medical record. The exact components of the
  140  physical examination shall be left to the judgment of the
  141  registrant who is expected to perform a physical examination
  142  proportionate to the diagnosis that justifies a treatment. The
  143  medical record must, at a minimum, document the nature and
  144  intensity of the pain, current and past treatments for pain,
  145  underlying or coexisting diseases or conditions, the effect of
  146  the pain on physical and psychological function, a review of
  147  previous medical records, previous diagnostic studies, and
  148  history of alcohol and substance abuse. The medical record shall
  149  also document the presence of one or more recognized medical
  150  indications for the use of a controlled substance. Each
  151  registrant must develop a written plan for assessing each
  152  patient’s risk of aberrant drug-related behavior, which may
  153  include patient drug testing. Registrants must assess each
  154  patient’s risk for aberrant drug-related behavior and monitor
  155  that risk on an ongoing basis in accordance with the plan.
  156         (b) Each registrant must develop a written individualized
  157  treatment plan for each patient. The treatment plan shall state
  158  objectives that will be used to determine treatment success,
  159  such as pain relief and improved physical and psychosocial
  160  function, and shall indicate if any further diagnostic
  161  evaluations or other treatments are planned. After treatment
  162  begins, the registrant shall adjust drug therapy to the
  163  individual medical needs of each patient. Other treatment
  164  modalities, including a rehabilitation program, shall be
  165  considered depending on the etiology of the pain and the extent
  166  to which the pain is associated with physical and psychosocial
  167  impairment. The interdisciplinary nature of the treatment plan
  168  shall be documented.
  169         (c) The registrant shall discuss the risks and benefits of
  170  the use of controlled substances, including the risks of abuse
  171  and addiction, as well as physical dependence and its
  172  consequences, with the patient, persons designated by the
  173  patient, or the patient’s surrogate or guardian if the patient
  174  is incompetent. The registrant shall use a written controlled
  175  substance agreement between the registrant and the patient
  176  outlining the patient’s responsibilities, including, but not
  177  limited to:
  178         1. Number and frequency of controlled substance
  179  prescriptions and refills.
  180         2. Patient compliance and reasons for which drug therapy
  181  may be discontinued, such as a violation of the agreement.
  182         3. An agreement that controlled substances for the
  183  treatment of chronic nonmalignant pain shall be prescribed by a
  184  single treating registrant unless otherwise authorized by the
  185  treating registrant and documented in the medical record.
  186         (d) The patient shall be seen by the registrant at regular
  187  intervals, not to exceed 3 months, to assess the efficacy of
  188  treatment, ensure that controlled substance therapy remains
  189  indicated, evaluate the patient’s progress toward treatment
  190  objectives, consider adverse drug effects, and review the
  191  etiology of the pain. Continuation or modification of therapy
  192  shall depend on the registrant’s evaluation of the patient’s
  193  progress. If treatment goals are not being achieved, despite
  194  medication adjustments, the registrant shall reevaluate the
  195  appropriateness of continued treatment. The registrant shall
  196  monitor patient compliance in medication usage, related
  197  treatment plans, controlled substance agreements, and
  198  indications of substance abuse or diversion at a minimum of 3
  199  month intervals.
  200         (e) The registrant shall refer the patient as necessary for
  201  additional evaluation and treatment in order to achieve
  202  treatment objectives. Special attention shall be given to those
  203  patients who are at risk for misusing their medications and
  204  those whose living arrangements pose a risk for medication
  205  misuse or diversion. The management of pain in patients with a
  206  history of substance abuse or with a comorbid psychiatric
  207  disorder requires extra care, monitoring, and documentation and
  208  requires consultation with or referral to an addiction medicine
  209  specialist or a psychiatrist.
  210         (f) A registrant must maintain accurate, current, and
  211  complete records that are accessible and readily available for
  212  review and comply with the requirements of this section, the
  213  applicable practice act, and applicable board rules. The medical
  214  records must include, but are not limited to:
  215         1. The complete medical history and a physical examination,
  216  including history of drug abuse or dependence.
  217         2. Diagnostic, therapeutic, and laboratory results.
  218         3. Evaluations and consultations.
  219         4. Treatment objectives.
  220         5. Discussion of risks and benefits.
  221         6. Treatments.
  222         7. Medications, including date, type, dosage, and quantity
  223  prescribed.
  224         8. Instructions and agreements.
  225         9. Periodic reviews.
  226         10. Results of any drug testing.
  227         11. A photocopy of the patient’s government-issued photo
  228  identification.
  229         12. If a written prescription for a controlled substance is
  230  given to the patient, a duplicate of the prescription.
  231         13. The registrant’s full name presented in a legible
  232  manner.
  233         (g) A registrant shall immediately refer patients with
  234  signs or symptoms of substance abuse to a board-certified pain
  235  management physician, an addiction medicine specialist, or a
  236  mental health addiction facility as it pertains to drug abuse or
  237  addiction unless the registrant is a physician who is board
  238  certified or board-eligible in pain management. Throughout the
  239  period of time before receiving the consultant’s report, a
  240  prescribing registrant shall clearly and completely document
  241  medical justification for continued treatment with controlled
  242  substances and those steps taken to ensure medically appropriate
  243  use of controlled substances by the patient. Upon receipt of the
  244  consultant’s written report, the prescribing registrant shall
  245  incorporate the consultant’s recommendations for continuing,
  246  modifying, or discontinuing controlled substance therapy. The
  247  resulting changes in treatment shall be specifically documented
  248  in the patient’s medical record. Evidence or behavioral
  249  indications of diversion shall be followed by discontinuation of
  250  controlled substance therapy, and the patient shall be
  251  discharged, and all results of testing and actions taken by the
  252  registrant shall be documented in the patient’s medical record.
  253  
  254  This subsection does not apply to a board-eligible or board
  255  certified anesthesiologist, physiatrist, rheumatologist, or
  256  neurologist, or to a board-certified physician who has surgical
  257  privileges at a hospital or ambulatory surgery center and
  258  primarily provides surgical services. This subsection does not
  259  apply to a board-eligible or board-certified medical specialist
  260  who has also completed a fellowship in pain medicine approved by
  261  the Accreditation Council for Graduate Medical Education or the
  262  American Osteopathic Association, or who is board eligible or
  263  board certified in pain medicine by the American Board of Pain
  264  Medicine, the American Board of Interventional Pain Physicians,
  265  the American Association of Physician Specialists, or a board
  266  approved by the American Board of Medical Specialties or the
  267  American Osteopathic Association and performs interventional
  268  pain procedures of the type routinely billed using surgical
  269  codes. This subsection does not apply to a registrant who
  270  prescribes medically necessary controlled substances for a
  271  patient during an inpatient stay in a hospital licensed under
  272  chapter 395.
  273         (4)STANDARDS OF PRACTICE FOR TREATMENT OF ACUTE PAIN.—The
  274  applicable boards shall adopt rules establishing guidelines for
  275  prescribing controlled substances for acute pain, including
  276  evaluation of the patient, creation and maintenance of a
  277  treatment plan, obtaining informed consent and agreement for
  278  treatment, periodic review of the treatment plan, consultation,
  279  medical record review, and compliance with controlled substance
  280  laws and regulations. Failure of a prescriber to follow such
  281  guidelines constitutes grounds for disciplinary action pursuant
  282  to s. 456.072(1)(gg), punishable as provided in s. 456.072(2).
  283         (5)PRESCRIPTION SUPPLY.-
  284         (a)Except as provided in paragraph (b), a prescription for
  285  an opioid drug listed as a Schedule II controlled substance in
  286  s. 893.03 or 21 U.S.C. s. 812, for the treatment of acute pain
  287  may not exceed a 3-day supply.
  288         (b)Up to a 7-day supply of an opioid described in
  289  paragraph (a) may be prescribed if:
  290         1.The practitioner, in his or her professional judgment,
  291  believes that more than a 3-day supply of such an opioid is
  292  medically necessary to treat the patient’s pain as an acute
  293  medical condition.
  294         2.The practitioner indicates “MEDICALLY NECESSARY” on the
  295  prescription.
  296         3.The prescriber adequately documents in the patient’s
  297  medical records the acute medical condition and lack of
  298  alternative treatment options that justify deviation from the 3
  299  day supply limit established in this subsection.
  300         Section 5. Effective January 1, 2019, subsections (2)
  301  through (5) of section 458.3265, Florida Statutes, are
  302  renumbered as subsections (3) through (6), respectively,
  303  paragraphs (a) and (g) of subsection (1), paragraph (a) of
  304  present subsection (2), paragraph (a) of present subsection (3)
  305  and paragraph (a) of present subsection (4) of that section, are
  306  amended, and a new subsection (2) is added to that section, to
  307  read:
  308         458.3265 Pain-management clinics.—
  309         (1) REGISTRATION.—
  310         (a)1. As used in this section, the term:
  311         a. “Board eligible” means successful completion of an
  312  anesthesia, physical medicine and rehabilitation, rheumatology,
  313  or neurology residency program approved by the Accreditation
  314  Council for Graduate Medical Education or the American
  315  Osteopathic Association for a period of 6 years from successful
  316  completion of such residency program.
  317         b. “Chronic nonmalignant pain” means pain unrelated to
  318  cancer which persists beyond the usual course of disease or the
  319  injury that is the cause of the pain or more than 90 days after
  320  surgery.
  321         c. “Pain-management clinic” or “clinic” means any publicly
  322  or privately owned facility:
  323         (I) That advertises in any medium for any type of pain
  324  management services; or
  325         (II) Where in any month a majority of patients are
  326  prescribed opioids, benzodiazepines, barbiturates, or
  327  carisoprodol for the treatment of chronic nonmalignant pain.
  328         2. Each pain-management clinic must register with the
  329  department or hold a valid certificate of exemption pursuant to
  330  subsection (2). unless:
  331         3.The following clinics are exempt from the registration
  332  requirement of paragraphs (c)-(m), and must apply to the
  333  department for a certificate of exemption:
  334         a. A That clinic is licensed as a facility pursuant to
  335  chapter 395;
  336         b. A clinic in which the majority of the physicians who
  337  provide services in the clinic primarily provide surgical
  338  services;
  339         c. A The clinic is owned by a publicly held corporation
  340  whose shares are traded on a national exchange or on the over
  341  the-counter market and whose total assets at the end of the
  342  corporation’s most recent fiscal quarter exceeded $50 million;
  343         d. A The clinic is affiliated with an accredited medical
  344  school at which training is provided for medical students,
  345  residents, or fellows;
  346         e. A The clinic that does not prescribe controlled
  347  substances for the treatment of pain;
  348         f. A The clinic is owned by a corporate entity exempt from
  349  federal taxation under 26 U.S.C. s. 501(c)(3);
  350         g. A The clinic is wholly owned and operated by one or more
  351  board-eligible or board-certified anesthesiologists,
  352  physiatrists, rheumatologists, or neurologists; or
  353         h. A The clinic is wholly owned and operated by a physician
  354  multispecialty practice where one or more board-eligible or
  355  board-certified medical specialists, who have also completed
  356  fellowships in pain medicine approved by the Accreditation
  357  Council for Graduate Medical Education or who are also board
  358  certified in pain medicine by the American Board of Pain
  359  Medicine or a board approved by the American Board of Medical
  360  Specialties, the American Association of Physician Specialists,
  361  or the American Osteopathic Association, perform interventional
  362  pain procedures of the type routinely billed using surgical
  363  codes.
  364         (g) The department may revoke the clinic’s certificate of
  365  registration and prohibit all physicians associated with that
  366  pain-management clinic from practicing at that clinic location
  367  based upon an annual inspection and evaluation of the factors
  368  described in subsection (4)(3).
  369         (2)CERTIFICATE OF EXEMPTION.-
  370         (a)A pain management clinic claiming an exemption from the
  371  registration requirements of subsection (1) must apply for a
  372  certificate of exemption on a form adopted in rule by the
  373  department. The form must require the applicant to provide:
  374         1.The name or names under which the applicant does
  375  business.
  376         2.The address at which the pain management clinic is
  377  located.
  378         3.The specific exemption the applicant is claiming with
  379  supporting documentation.
  380         4.Any other information deemed necessary by the
  381  department.
  382         (b)The department must approve or deny the application
  383  within 30 days after the receipt of a complete application.
  384         (c)The certificate of exemption must be renewed
  385  biennially, except that the department may issue the initial
  386  certificates of exemption for up to 3 years in order to stagger
  387  renewal dates.
  388         (d)A certificateholder must prominently display the
  389  certificate of exemption and make it available to the department
  390  or the board upon request.
  391         (e)A new certificate of exemption is required for a change
  392  of address and is not transferable. A certificate of exemption
  393  is valid only for the applicant, qualifying owners, licenses,
  394  registrations, certifications, and services provided under a
  395  specific statutory exemption and is valid only to the specific
  396  exemption claimed and granted.
  397         (f)A certificateholder must notify the department at least
  398  60 days before any anticipated relocation or name change of the
  399  pain management clinic or a change of ownership.
  400         (g)If a pain management clinic no longer qualifies for a
  401  certificate of exemption, the certificateholder must notify the
  402  department within 3 days after becoming aware that the clinic no
  403  longer qualifies for a certificate of exemption and register as
  404  a pain management clinic under subsection (1) or cease
  405  operations.
  406         (3)(2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  407  apply to any physician who provides professional services in a
  408  pain-management clinic that is required to be registered in
  409  subsection (1).
  410         (a) A physician may not practice medicine in a pain
  411  management clinic, as described in subsection (5)(4), if the
  412  pain-management clinic is not registered with the department as
  413  required by this section. Any physician who qualifies to
  414  practice medicine in a pain-management clinic pursuant to rules
  415  adopted by the Board of Medicine as of July 1, 2012, may
  416  continue to practice medicine in a pain-management clinic as
  417  long as the physician continues to meet the qualifications set
  418  forth in the board rules. A physician who violates this
  419  paragraph is subject to disciplinary action by his or her
  420  appropriate medical regulatory board.
  421         (4)(3) INSPECTION.—
  422         (a) The department shall inspect the pain-management clinic
  423  annually, including a review of the patient records, to ensure
  424  that it complies with this section and the rules of the Board of
  425  Medicine adopted pursuant to subsection (5)(4) unless the clinic
  426  is accredited by a nationally recognized accrediting agency
  427  approved by the Board of Medicine.
  428         (5)(4) RULEMAKING.—
  429         (a) The department shall adopt rules necessary to
  430  administer the registration, exemption, and inspection of pain
  431  management clinics which establish the specific requirements,
  432  procedures, forms, and fees.
  433         Section 6. Effective January 1, 2019, subsections (2)
  434  through (5) of section 459.0137, Florida Statutes, are
  435  renumbered as subsections (3) through (6), respectively,
  436  paragraphs (a) and (g) of subsection (1), paragraph (a) of
  437  present subsection (2), paragraph (a) of present subsection (3)
  438  and paragraph (a) of present subsection (4) of that section, are
  439  amended, and a new subsection (2) is added to that section, to
  440  read:
  441         459.0137 Pain-management clinics.—
  442         (1) REGISTRATION.—
  443         (a)1. As used in this section, the term:
  444         a. “Board eligible” means successful completion of an
  445  anesthesia, physical medicine and rehabilitation, rheumatology,
  446  or neurology residency program approved by the Accreditation
  447  Council for Graduate Medical Education or the American
  448  Osteopathic Association for a period of 6 years from successful
  449  completion of such residency program.
  450         b. “Chronic nonmalignant pain” means pain unrelated to
  451  cancer which persists beyond the usual course of disease or the
  452  injury that is the cause of the pain or more than 90 days after
  453  surgery.
  454         c. “Pain-management clinic” or “clinic” means any publicly
  455  or privately owned facility:
  456         (I) That advertises in any medium for any type of pain
  457  management services; or
  458         (II) Where in any month a majority of patients are
  459  prescribed opioids, benzodiazepines, barbiturates, or
  460  carisoprodol for the treatment of chronic nonmalignant pain.
  461         2. Each pain-management clinic must register with the
  462  department or hold a valid certificate of exemption pursuant to
  463  subsection (2). unless:
  464         3.The following clinics are exempt from the registration
  465  requirement of paragraphs (c)-(m), and must apply to the
  466  department for a certificate of exemption:
  467         a. A That clinic is licensed as a facility pursuant to
  468  chapter 395;
  469         b. A clinic in which the majority of the physicians who
  470  provide services in the clinic primarily provide surgical
  471  services;
  472         c. A The clinic is owned by a publicly held corporation
  473  whose shares are traded on a national exchange or on the over
  474  the-counter market and whose total assets at the end of the
  475  corporation’s most recent fiscal quarter exceeded $50 million;
  476         d. A The clinic is affiliated with an accredited medical
  477  school at which training is provided for medical students,
  478  residents, or fellows;
  479         e. A The clinic that does not prescribe controlled
  480  substances for the treatment of pain;
  481         f. A The clinic is owned by a corporate entity exempt from
  482  federal taxation under 26 U.S.C. s. 501(c)(3);
  483         g. A The clinic is wholly owned and operated by one or more
  484  board-eligible or board-certified anesthesiologists,
  485  physiatrists, rheumatologists, or neurologists; or
  486         h. A The clinic is wholly owned and operated by a physician
  487  multispecialty practice where one or more board-eligible or
  488  board-certified medical specialists, who have also completed
  489  fellowships in pain medicine approved by the Accreditation
  490  Council for Graduate Medical Education or the American
  491  Osteopathic Association or who are also board-certified in pain
  492  medicine by the American Board of Pain Medicine or a board
  493  approved by the American Board of Medical Specialties, the
  494  American Association of Physician Specialists, or the American
  495  Osteopathic Association, perform interventional pain procedures
  496  of the type routinely billed using surgical codes.
  497         (g) The department may revoke the clinic’s certificate of
  498  registration and prohibit all physicians associated with that
  499  pain-management clinic from practicing at that clinic location
  500  based upon an annual inspection and evaluation of the factors
  501  described in subsection (4)(3).
  502         (2)CERTIFICATE OF EXEMPTION.-
  503         (a)A pain management clinic claiming an exemption from the
  504  registration requirements of subsection (1) must apply for a
  505  certificate of exemption on a form adopted in rule by the
  506  department. The form shall require the applicant to provide:
  507         1.The name or names under which the applicant does
  508  business.
  509         2.The address at which the pain management clinic is
  510  located.
  511         3.The specific exemption the applicant is claiming with
  512  supporting documentation.
  513         4.Any other information deemed necessary by the
  514  department.
  515         (b)Within 30 days after the receipt of a complete
  516  application, the department must approve or deny the
  517  application.
  518         (c)The certificate of exemption must be renewed
  519  biennially, except that the department may issue the initial
  520  certificates of exemption for up to 3 years in order to stagger
  521  renewal dates.
  522         (d)A certificateholder must prominently display the
  523  certificate of exemption and make it available to the department
  524  or the board upon request.
  525         (e)A new certificate of exemption is required for a change
  526  of address and is not transferable. A certificate of exemption
  527  is valid only for the applicant, qualifying owners, licenses,
  528  registrations, certifications, and services provided under a
  529  specific statutory exemption and is valid only to the specific
  530  exemption claimed and granted.
  531         (f)A certificateholder must notify the department at least
  532  60 days before any anticipated relocation or name change of the
  533  pain management clinic or a change of ownership.
  534         (g)If a pain management clinic no longer qualifies for a
  535  certificate of exemption, the certificateholder must notify the
  536  department within 3 days after becoming aware that the clinic no
  537  longer qualifies for a certificate of exemption and register as
  538  a pain management clinic under subsection (1) or cease
  539  operations.
  540         (3)(2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  541  apply to any osteopathic physician who provides professional
  542  services in a pain-management clinic that is required to be
  543  registered in subsection (1).
  544         (a) An osteopathic physician may not practice medicine in a
  545  pain-management clinic, as described in subsection (5)(4), if
  546  the pain-management clinic is not registered with the department
  547  as required by this section. Any physician who qualifies to
  548  practice medicine in a pain-management clinic pursuant to rules
  549  adopted by the Board of Osteopathic Medicine as of July 1, 2012,
  550  may continue to practice medicine in a pain-management clinic as
  551  long as the physician continues to meet the qualifications set
  552  forth in the board rules. An osteopathic physician who violates
  553  this paragraph is subject to disciplinary action by his or her
  554  appropriate medical regulatory board.
  555         (4)(3) INSPECTION.—
  556         (a) The department shall inspect the pain-management clinic
  557  annually, including a review of the patient records, to ensure
  558  that it complies with this section and the rules of the Board of
  559  Osteopathic Medicine adopted pursuant to subsection (5)(4)
  560  unless the clinic is accredited by a nationally recognized
  561  accrediting agency approved by the Board of Osteopathic
  562  Medicine.
  563         (5)(4) RULEMAKING.—
  564         (a) The department shall adopt rules necessary to
  565  administer the registration, exemption, and inspection of pain
  566  management clinics which establish the specific requirements,
  567  procedures, forms, and fees.
  568         Section 7. Section 465.0155, Florida Statutes, is amended
  569  to read:
  570         465.0155 Standards of practice.—
  571         (1) Consistent with the provisions of this act, the board
  572  shall adopt by rule standards of practice relating to the
  573  practice of pharmacy which shall be binding on every state
  574  agency and shall be applied by such agencies when enforcing or
  575  implementing any authority granted by any applicable statute,
  576  rule, or regulation, whether federal or state.
  577         (2)(a)Before dispensing a controlled substance to a person
  578  not known to the pharmacist, the pharmacist must require the
  579  person purchasing, receiving, or otherwise acquiring the
  580  controlled substance to present valid photographic
  581  identification or other verification of his or her identity. If
  582  the person does not have proper identification, the pharmacist
  583  may verify the validity of the prescription and the identity of
  584  the patient with the prescriber or his or her authorized agent.
  585  Verification of health plan eligibility through a real-time
  586  inquiry or adjudication system is considered to be proper
  587  identification.
  588         (b)This subsection does not apply in an institutional
  589  setting or to a long-term care facility, including, but not
  590  limited to, an assisted living facility or a hospital to which
  591  patients are admitted.
  592         (c)As used in this subsection, the term “proper
  593  identification” means an identification that is issued by a
  594  state or the Federal Government containing the person’s
  595  photograph, printed name, and signature or a document considered
  596  acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
  597         Section 8. Paragraph (b) of subsection (1) of section
  598  465.0276, Florida Statutes, is amended, and paragraph (d) is
  599  added to subsection (2) of that section, to read:
  600         465.0276 Dispensing practitioner.—
  601         (1)
  602         (b) A practitioner registered under this section may not
  603  dispense a controlled substance listed in Schedule II or
  604  Schedule III as provided in s. 893.03. This paragraph does not
  605  apply to:
  606         1. The dispensing of complimentary packages of medicinal
  607  drugs which are labeled as a drug sample or complimentary drug
  608  as defined in s. 499.028 to the practitioner’s own patients in
  609  the regular course of her or his practice without the payment of
  610  a fee or remuneration of any kind, whether direct or indirect,
  611  as provided in subsection (4).
  612         2. The dispensing of controlled substances in the health
  613  care system of the Department of Corrections.
  614         3. The dispensing of a controlled substance listed in
  615  Schedule II or Schedule III in connection with the performance
  616  of a surgical procedure.
  617         a.For a controlled substance listed in Schedule II, the
  618  amount dispensed pursuant to this subparagraph may not exceed a
  619  3-day supply unless the criteria in s. 456.44(5)(b) are met, in
  620  which case the amount dispensed may not exceed a 7-day supply.
  621         b.For a controlled substance listed in Schedule III, the
  622  amount dispensed pursuant to this the subparagraph may not
  623  exceed a 14-day supply.
  624         c.The exception in this subparagraph exception does not
  625  allow for the dispensing of a controlled substance listed in
  626  Schedule II or Schedule III more than 14 days after the
  627  performance of the surgical procedure.
  628         d. For purposes of this subparagraph, the term “surgical
  629  procedure” means any procedure in any setting which involves, or
  630  reasonably should involve:
  631         (I)a. Perioperative medication and sedation that allows the
  632  patient to tolerate unpleasant procedures while maintaining
  633  adequate cardiorespiratory function and the ability to respond
  634  purposefully to verbal or tactile stimulation and makes intra-
  635  and postoperative monitoring necessary; or
  636         (II)b. The use of general anesthesia or major conduction
  637  anesthesia and preoperative sedation.
  638         4. The dispensing of a controlled substance listed in
  639  Schedule II or Schedule III pursuant to an approved clinical
  640  trial. For purposes of this subparagraph, the term “approved
  641  clinical trial” means a clinical research study or clinical
  642  investigation that, in whole or in part, is state or federally
  643  funded or is conducted under an investigational new drug
  644  application that is reviewed by the United States Food and Drug
  645  Administration.
  646         5. The dispensing of methadone in a facility licensed under
  647  s. 397.427 where medication-assisted treatment for opiate
  648  addiction is provided.
  649         6. The dispensing of a controlled substance listed in
  650  Schedule II or Schedule III to a patient of a facility licensed
  651  under part IV of chapter 400.
  652         7. The dispensing of controlled substances listed in
  653  Schedule II or Schedule III which have been approved by the
  654  United States Food and Drug Administration for the purpose of
  655  treating opiate addiction including, but not limited to,
  656  buprenorphine and buprenorphine combination products, by a
  657  practitioner authorized under 21 U.S.C. 823, as amended, to the
  658  practitioner’s own patients for the medication-assisted
  659  treatment of opiate addiction.
  660         (2) A practitioner who dispenses medicinal drugs for human
  661  consumption for fee or remuneration of any kind, whether direct
  662  or indirect, must:
  663         (d)1.Before dispensing a controlled substance to a person
  664  not known to the dispenser, require the person purchasing,
  665  receiving, or otherwise acquiring the controlled substance to
  666  present valid photographic identification or other verification
  667  of his or her identity. If the person does not have proper
  668  identification, the dispenser may verify the validity of the
  669  prescription and the identity of the patient with the prescriber
  670  or his or her authorized agent. Verification of health plan
  671  eligibility through a real-time inquiry or adjudication system
  672  is considered to be proper identification.
  673         2.This paragraph does not apply in an institutional
  674  setting or to a long-term care facility, including, but not
  675  limited to, an assisted living facility or a hospital to which
  676  patients are admitted.
  677         3.As used in this paragraph, the term “proper
  678  identification” means an identification that is issued by a
  679  state or the Federal Government containing the person’s
  680  photograph, printed name, and signature or a document considered
  681  acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
  682         Section 9. Subsection (5) is added to section 627.42392,
  683  Florida Statutes, to read:
  684         627.42392 Prior authorization.—
  685         (5) A health insurer may not require a prior authorization
  686  process or step therapy procedure or impose any other conditions
  687  on insureds as a prerequisite to receiving medication-assisted
  688  treatment (MAT) services, as defined in s. 397.311, to treat
  689  substance abuse disorders.
  690         Section 10. Subsections (2), (3), (4), and (5) of section
  691  893.03, Florida Statutes, are amended to read:
  692         893.03 Standards and schedules.—The substances enumerated
  693  in this section are controlled by this chapter. The controlled
  694  substances listed or to be listed in Schedules I, II, III, IV,
  695  and V are included by whatever official, common, usual,
  696  chemical, trade name, or class designated. The provisions of
  697  this section shall not be construed to include within any of the
  698  schedules contained in this section any excluded drugs listed
  699  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  700  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  701  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  702  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  703  Anabolic Steroid Products.”
  704         (2) SCHEDULE II.—A substance in Schedule II has a high
  705  potential for abuse and has a currently accepted but severely
  706  restricted medical use in treatment in the United States, and
  707  abuse of the substance may lead to severe psychological or
  708  physical dependence. The following substances are controlled in
  709  Schedule II:
  710         (a) Unless specifically excepted or unless listed in
  711  another schedule, any of the following substances, whether
  712  produced directly or indirectly by extraction from substances of
  713  vegetable origin or independently by means of chemical
  714  synthesis:
  715         1. Opium and any salt, compound, derivative, or preparation
  716  of opium, except nalmefene or isoquinoline alkaloids of opium,
  717  including, but not limited to the following:
  718         a. Raw opium.
  719         b. Opium extracts.
  720         c. Opium fluid extracts.
  721         d. Powdered opium.
  722         e. Granulated opium.
  723         f. Tincture of opium.
  724         g. Codeine.
  725         h.Dihydroetorphine.
  726         i.h. Ethylmorphine.
  727         j.i. Etorphine hydrochloride.
  728         k.j. Hydrocodone and hydrocodone combination products.
  729         l.k. Hydromorphone.
  730         m.l. Levo-alphacetylmethadol (also known as levo-alpha
  731  acetylmethadol, levomethadyl acetate, or LAAM).
  732         n.m. Metopon (methyldihydromorphinone).
  733         o.n. Morphine.
  734         p.Oripavine.
  735         q.o. Oxycodone.
  736         r.p. Oxymorphone.
  737         s.q. Thebaine.
  738         2. Any salt, compound, derivative, or preparation of a
  739  substance which is chemically equivalent to or identical with
  740  any of the substances referred to in subparagraph 1., except
  741  that these substances shall not include the isoquinoline
  742  alkaloids of opium.
  743         3. Any part of the plant of the species Papaver somniferum,
  744  L.
  745         4. Cocaine or ecgonine, including any of their
  746  stereoisomers, and any salt, compound, derivative, or
  747  preparation of cocaine or ecgonine, except that these substances
  748  shall not include ioflupane I 123.
  749         (b) Unless specifically excepted or unless listed in
  750  another schedule, any of the following substances, including
  751  their isomers, esters, ethers, salts, and salts of isomers,
  752  esters, and ethers, whenever the existence of such isomers,
  753  esters, ethers, and salts is possible within the specific
  754  chemical designation:
  755         1. Alfentanil.
  756         2. Alphaprodine.
  757         3. Anileridine.
  758         4. Bezitramide.
  759         5. Bulk propoxyphene (nondosage forms).
  760         6. Carfentanil.
  761         7. Dihydrocodeine.
  762         8. Diphenoxylate.
  763         9. Fentanyl.
  764         10. Isomethadone.
  765         11. Levomethorphan.
  766         12. Levorphanol.
  767         13. Metazocine.
  768         14. Methadone.
  769         15. Methadone-Intermediate,4-cyano-2-
  770  dimethylamino-4,4-diphenylbutane.
  771         16. Moramide-Intermediate,2-methyl-
  772  3-morpholoino-1,1-diphenylpropane-carboxylic acid.
  773         17. Nabilone.
  774         18. Pethidine (meperidine).
  775         19. Pethidine-Intermediate-A,4-cyano-1-
  776  methyl-4-phenylpiperidine.
  777         20. Pethidine-Intermediate-B,ethyl-4-
  778  phenylpiperidine-4-carboxylate.
  779         21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine
  780  4-carboxylic acid.
  781         22. Phenazocine.
  782         23. Phencyclidine.
  783         24. 1-Phenylcyclohexylamine.
  784         25. Piminodine.
  785         26. 1-Piperidinocyclohexanecarbonitrile.
  786         27. Racemethorphan.
  787         28. Racemorphan.
  788         29.Remifentanil.
  789         30.29. Sufentanil.
  790         31.Tapentadol.
  791         32.Thiafentanil.
  792         (c) Unless specifically excepted or unless listed in
  793  another schedule, any material, compound, mixture, or
  794  preparation which contains any quantity of the following
  795  substances, including their salts, isomers, optical isomers,
  796  salts of their isomers, and salts of their optical isomers:
  797         1. Amobarbital.
  798         2. Amphetamine.
  799         3. Glutethimide.
  800         4.Lisdexamfetamine.
  801         5.4. Methamphetamine.
  802         6.5. Methylphenidate.
  803         7.6. Pentobarbital.
  804         8.7. Phenmetrazine.
  805         9.8. Phenylacetone.
  806         10.9. Secobarbital.
  807         (d)Dronabinol (synthetic THC) in oral solution in a drug
  808  product approved by the United States Food and Drug
  809  Administration.
  810         (3) SCHEDULE III.—A substance in Schedule III has a
  811  potential for abuse less than the substances contained in
  812  Schedules I and II and has a currently accepted medical use in
  813  treatment in the United States, and abuse of the substance may
  814  lead to moderate or low physical dependence or high
  815  psychological dependence or, in the case of anabolic steroids,
  816  may lead to physical damage. The following substances are
  817  controlled in Schedule III:
  818         (a) Unless specifically excepted or unless listed in
  819  another schedule, any material, compound, mixture, or
  820  preparation which contains any quantity of the following
  821  substances having a depressant or stimulant effect on the
  822  nervous system:
  823         1. Any substance which contains any quantity of a
  824  derivative of barbituric acid, including thiobarbituric acid, or
  825  any salt of a derivative of barbituric acid or thiobarbituric
  826  acid, including, but not limited to, butabarbital and
  827  butalbital.
  828         2. Benzphetamine.
  829         3.Buprenorphine.
  830         4.3. Chlorhexadol.
  831         5.4. Chlorphentermine.
  832         6.5. Clortermine.
  833         7.Embutramide.
  834         8.6. Lysergic acid.
  835         9.7. Lysergic acid amide.
  836         10.8. Methyprylon.
  837         11.Perampanel.
  838         12.9. Phendimetrazine.
  839         13.10. Sulfondiethylmethane.
  840         14.11. Sulfonethylmethane.
  841         15.12. Sulfonmethane.
  842         16.13. Tiletamine and zolazepam or any salt thereof.
  843         (b) Nalorphine.
  844         (c) Unless specifically excepted or unless listed in
  845  another schedule, any material, compound, mixture, or
  846  preparation containing limited quantities of any of the
  847  following controlled substances or any salts thereof:
  848         1. Not more than 1.8 grams of codeine per 100 milliliters
  849  or not more than 90 milligrams per dosage unit, with an equal or
  850  greater quantity of an isoquinoline alkaloid of opium.
  851         2. Not more than 1.8 grams of codeine per 100 milliliters
  852  or not more than 90 milligrams per dosage unit, with recognized
  853  therapeutic amounts of one or more active ingredients which are
  854  not controlled substances.
  855         3. Not more than 300 milligrams of hydrocodone per 100
  856  milliliters or not more than 15 milligrams per dosage unit, with
  857  a fourfold or greater quantity of an isoquinoline alkaloid of
  858  opium.
  859         4. Not more than 300 milligrams of hydrocodone per 100
  860  milliliters or not more than 15 milligrams per dosage unit, with
  861  recognized therapeutic amounts of one or more active ingredients
  862  that are not controlled substances.
  863         5. Not more than 1.8 grams of dihydrocodeine per 100
  864  milliliters or not more than 90 milligrams per dosage unit, with
  865  recognized therapeutic amounts of one or more active ingredients
  866  which are not controlled substances.
  867         6. Not more than 300 milligrams of ethylmorphine per 100
  868  milliliters or not more than 15 milligrams per dosage unit, with
  869  one or more active, nonnarcotic ingredients in recognized
  870  therapeutic amounts.
  871         7. Not more than 50 milligrams of morphine per 100
  872  milliliters or per 100 grams, with recognized therapeutic
  873  amounts of one or more active ingredients which are not
  874  controlled substances.
  875  
  876  For purposes of charging a person with a violation of s. 893.135
  877  involving any controlled substance described in subparagraph 3.
  878  or subparagraph 4., the controlled substance is a Schedule III
  879  controlled substance pursuant to this paragraph but the weight
  880  of the controlled substance per milliliters or per dosage unit
  881  is not relevant to the charging of a violation of s. 893.135.
  882  The weight of the controlled substance shall be determined
  883  pursuant to s. 893.135(6).
  884         (d) Anabolic steroids.
  885         1. The term “anabolic steroid” means any drug or hormonal
  886  substance, chemically and pharmacologically related to
  887  testosterone, other than estrogens, progestins, and
  888  corticosteroids, that promotes muscle growth and includes:
  889         a. Androsterone.
  890         b. Androsterone acetate.
  891         c. Boldenone.
  892         d. Boldenone acetate.
  893         e. Boldenone benzoate.
  894         f. Boldenone undecylenate.
  895         g. Chlorotestosterone (Clostebol).
  896         h. Dehydrochlormethyltestosterone.
  897         i. Dihydrotestosterone (Stanolone).
  898         j. Drostanolone.
  899         k. Ethylestrenol.
  900         l. Fluoxymesterone.
  901         m. Formebulone (Formebolone).
  902         n. Mesterolone.
  903         o. Methandrostenolone (Methandienone).
  904         p. Methandranone.
  905         q. Methandriol.
  906         r. Methenolone.
  907         s. Methyltestosterone.
  908         t. Mibolerone.
  909         u. Nortestosterone (Nandrolone).
  910         v. Norethandrolone.
  911         w. Nortestosterone decanoate.
  912         x. Nortestosterone phenylpropionate.
  913         y. Nortestosterone propionate.
  914         z. Oxandrolone.
  915         aa. Oxymesterone.
  916         bb. Oxymetholone.
  917         cc. Stanozolol.
  918         dd. Testolactone.
  919         ee. Testosterone.
  920         ff. Testosterone acetate.
  921         gg. Testosterone benzoate.
  922         hh. Testosterone cypionate.
  923         ii. Testosterone decanoate.
  924         jj. Testosterone enanthate.
  925         kk. Testosterone isocaproate.
  926         ll. Testosterone oleate.
  927         mm. Testosterone phenylpropionate.
  928         nn. Testosterone propionate.
  929         oo. Testosterone undecanoate.
  930         pp. Trenbolone.
  931         qq. Trenbolone acetate.
  932         rr. Any salt, ester, or isomer of a drug or substance
  933  described or listed in this subparagraph if that salt, ester, or
  934  isomer promotes muscle growth.
  935         2. The term does not include an anabolic steroid that is
  936  expressly intended for administration through implants to cattle
  937  or other nonhuman species and that has been approved by the
  938  United States Secretary of Health and Human Services for such
  939  administration. However, any person who prescribes, dispenses,
  940  or distributes such a steroid for human use is considered to
  941  have prescribed, dispensed, or distributed an anabolic steroid
  942  within the meaning of this paragraph.
  943         (e) Ketamine, including any isomers, esters, ethers, salts,
  944  and salts of isomers, esters, and ethers, whenever the existence
  945  of such isomers, esters, ethers, and salts is possible within
  946  the specific chemical designation.
  947         (f) Dronabinol (synthetic THC) in sesame oil and
  948  encapsulated in a soft gelatin capsule in a drug product
  949  approved by the United States Food and Drug Administration.
  950         (g) Any drug product containing gamma-hydroxybutyric acid,
  951  including its salts, isomers, and salts of isomers, for which an
  952  application is approved under s. 505 of the Federal Food, Drug,
  953  and Cosmetic Act.
  954         (4)(a) SCHEDULE IV.—A substance in Schedule IV has a low
  955  potential for abuse relative to the substances in Schedule III
  956  and has a currently accepted medical use in treatment in the
  957  United States, and abuse of the substance may lead to limited
  958  physical or psychological dependence relative to the substances
  959  in Schedule III.
  960         (b) Unless specifically excepted or unless listed in
  961  another schedule, any material, compound, mixture, or
  962  preparation which contains any quantity of the following
  963  substances, including its salts, isomers, and salts of isomers
  964  whenever the existence of such salts, isomers, and salts of
  965  isomers is possible within the specific chemical designation,
  966  are controlled in Schedule IV:
  967         1.Alfaxalone.
  968         2.(a) Alprazolam.
  969         3.(b) Barbital.
  970         4.(c) Bromazepam.
  971         5.(iii) Butorphanol tartrate.
  972         6.(d) Camazepam.
  973         7.(jjj) Carisoprodol.
  974         8.(e) Cathine.
  975         9.(f) Chloral betaine.
  976         10.(g) Chloral hydrate.
  977         11.(h) Chlordiazepoxide.
  978         12.(i) Clobazam.
  979         13.(j) Clonazepam.
  980         14.(k) Clorazepate.
  981         15.(l) Clotiazepam.
  982         16.(m) Cloxazolam.
  983         17.Dexfenfluramine.
  984         18.(n) Delorazepam.
  985         19.Dichloralphenazone.
  986         20.(p) Diazepam.
  987         21.(q) Diethylpropion.
  988         22.Eluxadoline.
  989         23.(r) Estazolam.
  990         24.Eszopiclone.
  991         25.(s) Ethchlorvynol.
  992         26.(t) Ethinamate.
  993         27.(u) Ethyl loflazepate.
  994         28.(v) Fencamfamin.
  995         29.(w) Fenfluramine.
  996         30.(x) Fenproporex.
  997         31.(y) Fludiazepam.
  998         32.(z) Flurazepam.
  999         33.Fospropofol.
 1000         34.(aa) Halazepam.
 1001         35.(bb) Haloxazolam.
 1002         36.(cc) Ketazolam.
 1003         37.(dd) Loprazolam.
 1004         38.(ee) Lorazepam.
 1005         39.Lorcaserin.
 1006         40.(ff) Lormetazepam.
 1007         41.(gg) Mazindol.
 1008         42.(hh) Mebutamate.
 1009         43.(ii) Medazepam.
 1010         44.(jj) Mefenorex.
 1011         45.(kk) Meprobamate.
 1012         46.(ll) Methohexital.
 1013         47.(mm) Methylphenobarbital.
 1014         48.(nn) Midazolam.
 1015         49.Modafinil.
 1016         50.(oo) Nimetazepam.
 1017         51.(pp) Nitrazepam.
 1018         52.(qq) Nordiazepam.
 1019         53.(rr) Oxazepam.
 1020         54.(ss) Oxazolam.
 1021         55.(tt) Paraldehyde.
 1022         56.(uu) Pemoline.
 1023         57.(vv) Pentazocine.
 1024         58.Petrichloral.
 1025         59.(ww) Phenobarbital.
 1026         60.(xx) Phentermine.
 1027         61.(yy) Pinazepam.
 1028         62.(zz) Pipradrol.
 1029         63.(aaa) Prazepam.
 1030         64.(o) Propoxyphene (dosage forms).
 1031         65.(bbb) Propylhexedrine, excluding any patent or
 1032  proprietary preparation containing propylhexedrine, unless
 1033  otherwise provided by federal law.
 1034         66.(ccc) Quazepam.
 1035         67.Sibutramine.
 1036         68.(eee) SPA[(-)-1 dimethylamino-1, 2
 1037  diphenylethane].
 1038         69.Suvorexant.
 1039         70.(fff) Temazepam.
 1040         71.(ddd) Tetrazepam.
 1041         72.Tramadol.
 1042         73.(ggg) Triazolam.
 1043         74.Zaleplon.
 1044         75.Zolpidem.
 1045         76.Zopiclone.
 1046         77.(hhh) Not more than 1 milligram of difenoxin and not
 1047  less than 25 micrograms of atropine sulfate per dosage unit.
 1048         (5) SCHEDULE V.—A substance, compound, mixture, or
 1049  preparation of a substance in Schedule V has a low potential for
 1050  abuse relative to the substances in Schedule IV and has a
 1051  currently accepted medical use in treatment in the United
 1052  States, and abuse of such compound, mixture, or preparation may
 1053  lead to limited physical or psychological dependence relative to
 1054  the substances in Schedule IV.
 1055         (a) Substances controlled in Schedule V include any
 1056  compound, mixture, or preparation containing any of the
 1057  following limited quantities of controlled substances, which
 1058  must shall include one or more active medicinal ingredients that
 1059  which are not controlled substances in sufficient proportion to
 1060  confer upon the compound, mixture, or preparation valuable
 1061  medicinal qualities other than those possessed by the controlled
 1062  substance alone:
 1063         1. Not more than 200 milligrams of codeine per 100
 1064  milliliters or per 100 grams.
 1065         2. Not more than 100 milligrams of dihydrocodeine per 100
 1066  milliliters or per 100 grams.
 1067         3. Not more than 100 milligrams of ethylmorphine per 100
 1068  milliliters or per 100 grams.
 1069         4. Not more than 2.5 milligrams of diphenoxylate and not
 1070  less than 25 micrograms of atropine sulfate per dosage unit.
 1071         5. Not more than 100 milligrams of opium per 100
 1072  milliliters or per 100 grams.
 1073         6.Not more than 0.5 milligrams of difenoxin and not less
 1074  than 25 micrograms of atropine sulfate per dosage unit.
 1075         (b) Unless a specific exception exists or unless listed in
 1076  another schedule, any material, compound, mixture, or
 1077  preparation that contains any quantity of the following
 1078  substances is controlled in Schedule V:
 1079         1. Brivaracetam.
 1080         2.Ezogabine.
 1081         3.Lacosamide.
 1082         4.Pregabalin Narcotic drugs. Unless specifically excepted
 1083  or unless listed in another schedule, any material, compound,
 1084  mixture, or preparation containing any of the following narcotic
 1085  drugs and their salts: Buprenorphine.
 1086         (c) Stimulants. Unless specifically excepted or unless
 1087  listed in another schedule, any material, compound, mixture, or
 1088  preparation which contains any quantity of the following
 1089  substances having a stimulant effect on the central nervous
 1090  system, including its salts, isomers, and salts of isomers:
 1091  Pyrovalerone.
 1092         Section 11. Section 893.055, Florida Statutes, is amended
 1093  to read:
 1094         (Substantial rewording of section. See
 1095         s. 893.055, F.S., for present text.)
 1096         893.055Prescription drug monitoring program.—
 1097         (1)As used in this section, the term:
 1098         (a)“Active investigation” means an investigation that is
 1099  being conducted with a reasonable, good faith belief that it
 1100  could lead to the filing of administrative, civil, or criminal
 1101  proceedings, or that is ongoing and continuing and for which
 1102  there is a reasonable, good faith anticipation of securing an
 1103  arrest or prosecution in the foreseeable future.
 1104         (b)“Administration” means the obtaining and giving of a
 1105  single dose of a controlled substance by a legally authorized
 1106  person to a patient for her or his consumption.
 1107         (c)“Controlled substance” means a controlled substance
 1108  listed in Schedule II, Schedule III, Schedule IV, or Schedule V
 1109  of s. 893.03 or 21 U.S.C. s. 812.
 1110         (d)“Dispense” means the transfer of possession of one or
 1111  more doses of a controlled substance by a dispenser to the
 1112  ultimate consumer or to his or her agent.
 1113         (e)“Dispenser” means a dispensing health care
 1114  practitioner, pharmacy, or pharmacist licensed to dispense
 1115  controlled substances in or into this state.
 1116         (f)“Health care practitioner” or “practitioner” means any
 1117  practitioner licensed under chapter 458, chapter 459, chapter
 1118  461, chapter 463, chapter 464, chapter 465, or chapter 466.
 1119         (g)“Health care regulatory board” has the same meaning as
 1120  s. 456.001(1).
 1121         (h)“Law enforcement agency” means the Department of Law
 1122  Enforcement, a sheriff’s office in this state, a police
 1123  department in this state, or a law enforcement agency of the
 1124  Federal Government which enforces the laws of this state or the
 1125  United States relating to controlled substances and whose agents
 1126  and officers are empowered by law to conduct criminal
 1127  investigations and make arrests.
 1128         (i)“Pharmacy” includes a community pharmacy, an
 1129  institutional pharmacy, a nuclear pharmacy, a special pharmacy,
 1130  or an Internet pharmacy that is licensed by the department under
 1131  chapter 465 and that dispenses or delivers controlled substances
 1132  to an individual or address in this state.
 1133         (j)“Prescriber” means a prescribing physician, prescribing
 1134  practitioner, or other prescribing health care practitioner
 1135  authorized by the laws of this state to order controlled
 1136  substances.
 1137         (k)“Program manager” means an employee of or a person
 1138  contracted by the department who is designated to ensure the
 1139  integrity of the prescription drug monitoring program in
 1140  accordance with the requirements established in this section.
 1141         (2)(a)The department shall maintain an electronic system
 1142  to collect and store controlled substance dispensing information
 1143  and shall release the information as authorized in this section
 1144  and s. 893.0551. The electronic system must:
 1145         1.Not infringe upon the legitimate prescribing or
 1146  dispensing of a controlled substance by a prescriber or
 1147  dispenser acting in good faith and in the course of professional
 1148  practice.
 1149         2.Be consistent with standards of the American Society for
 1150  Automation in Pharmacy.
 1151         3.Comply with the Health Insurance Portability and
 1152  Accountability Act as it pertains to protected health
 1153  information, electronic protected health information, and all
 1154  other relevant state and federal privacy and security laws and
 1155  regulations.
 1156         (b)The department may collaborate with professional health
 1157  care regulatory boards, appropriate organizations, and other
 1158  state agencies to identify indicators of controlled substance
 1159  abuse.
 1160         (3)For each controlled substance dispensed to a patient in
 1161  the state, the following information must be reported by the
 1162  dispenser to the system as soon thereafter as possible but no
 1163  later than the close of the next business day after the day the
 1164  controlled substance is dispensed unless an extension or
 1165  exemption is approved by the department:
 1166         (a)The name of the prescribing practitioner, the
 1167  practitioner’s federal Drug Enforcement Administration
 1168  registration number, the practitioner’s National Provider
 1169  Identification (NPI) or other appropriate identifier, and the
 1170  date of the prescription.
 1171         (b)The date the prescription was filled and the method of
 1172  payment, such as cash by an individual, insurance coverage
 1173  through a third party, or Medicaid payment. This paragraph does
 1174  not authorize the department to include individual credit card
 1175  numbers or other account numbers in the system.
 1176         (c)The full name, address, telephone number, and date of
 1177  birth of the person for whom the prescription was written.
 1178         (d)The name, national drug code, quantity, and strength of
 1179  the controlled substance dispensed.
 1180         (e)The full name, federal Drug Enforcement Administration
 1181  registration number, State of Florida Department of Health
 1182  issued pharmacy permit number, and address of the pharmacy or
 1183  other location from which the controlled substance was
 1184  dispensed. If the controlled substance was dispensed by a
 1185  practitioner other than a pharmacist, the practitioner’s full
 1186  name, address, federal Drug Enforcement Administration
 1187  registration number, State of Florida Department of Health
 1188  issued license number, and National Provider Identification
 1189  (NPI).
 1190         (f)Whether the drug was dispensed as an initial
 1191  prescription or a refill, and the number of refills ordered.
 1192         (g)The name of the individual picking up the controlled
 1193  substance prescription and type and issuer of the identification
 1194  provided.
 1195         (h)Other appropriate identifying information as determined
 1196  by department rule.
 1197  
 1198  All acts of administration of controlled substances are exempt
 1199  from the reporting requirements of this subsection.
 1200         (4)The following must be provided direct access to
 1201  information in the system:
 1202         (a)A prescriber or dispenser or his or her designee.
 1203         (b)An employee of the United States Department of Veterans
 1204  Affairs, United States Department of Defense, or the Indian
 1205  Health Service who provides health care services pursuant to
 1206  such employment and who has the authority to prescribe
 1207  controlled substances shall have access to the information in
 1208  the program’s system upon verification of employment.
 1209         (c)The program manager or designated program and support
 1210  staff may have access to administer the system.
 1211         1.In order to calculate performance measures pursuant to
 1212  subsection (14), the program manager or program and support
 1213  staff members who have been directed by the program manager to
 1214  calculate performance measures may have direct access to
 1215  information that contains no identifying information of any
 1216  patient, physician, health care practitioner, prescriber, or
 1217  dispenser.
 1218         2.The program manager or designated program and support
 1219  staff must provide the department, upon request, data that does
 1220  not contain patient, physician, health care practitioner,
 1221  prescriber, or dispenser identifying information for public
 1222  health care and safety initiatives purposes.
 1223         3.The program manager, upon determining a pattern
 1224  consistent with the department’s rules established under
 1225  subsection (16), may provide relevant information to the
 1226  prescriber and dispenser.
 1227         4.The program manager, upon determining a pattern
 1228  consistent with the rules established under subsection (16) and
 1229  having cause to believe a violation of s. 893.13(7)(a)8.,
 1230  (8)(a), or (8)(b) has occurred, may provide relevant information
 1231  to the applicable law enforcement agency.
 1232  
 1233  The program manager and designated program and support staff
 1234  must complete a level II background screening.
 1235         (5)The following entities may not directly access
 1236  information in the system, but may request information from the
 1237  program manager or designated program and support staff:
 1238         (a)The department and its health care regulatory boards,
 1239  as appropriate, for investigations involving licensees
 1240  authorized to prescribe or dispense controlled substances.
 1241         (b)The Attorney General for Medicaid fraud cases involving
 1242  prescribed controlled substances.
 1243         (c)A law enforcement agency during active investigations
 1244  of potential criminal activity, fraud, or theft regarding
 1245  prescribed controlled substances.
 1246         (d)A medical examiner when conducting an authorized
 1247  investigation under s. 406.11, to determine the cause of death
 1248  of an individual.
 1249         (e)An impaired practitioner consultant who is retained by
 1250  the department under s. 456.076 to review the system information
 1251  of an impaired practitioner program participant or a referral
 1252  who has agreed to be evaluated or monitored through the program
 1253  and who has separately agreed in writing to the consultant’s
 1254  access to and review of such information.
 1255         (f)A patient or the legal guardian or designated health
 1256  care surrogate of an incapacitated patient who submits a written
 1257  and notarized request that includes the patient’s full name,
 1258  address, phone number, date of birth, and a copy of a
 1259  government-issued photo identification.
 1260         (6)The department may enter into a reciprocal agreement or
 1261  contract to share prescription drug monitoring information with
 1262  another state, district, or territory if the prescription drug
 1263  monitoring programs of other states, districts, or territories
 1264  are compatible with the Florida program.
 1265         (a)In determining compatibility, the department shall
 1266  consider:
 1267         1.The safeguards for privacy of patient records and the
 1268  success of the program in protecting patient privacy.
 1269         2.The persons authorized to view the data collected by the
 1270  program. Comparable entities and licensed health care
 1271  practitioners in other states, districts, or territories of the
 1272  United States, law enforcement agencies, the Attorney General’s
 1273  Medicaid Fraud Control Unit, medical regulatory boards, and, as
 1274  needed, management staff that have similar duties as management
 1275  staff who work with the prescription drug monitoring program as
 1276  authorized in s. 893.0551 are authorized access upon approval by
 1277  the department.
 1278         3.The schedules of the controlled substances that are
 1279  monitored by the program.
 1280         4.The data reported to or included in the program’s
 1281  system.
 1282         5.Any implementing criteria deemed essential for a
 1283  thorough comparison.
 1284         6.The costs and benefits to the state of sharing
 1285  prescription information.
 1286         (b)The department shall assess the prescription drug
 1287  monitoring program’s continued compatibility with the other
 1288  state’s, district’s, or territory’s program every 4 years.
 1289         (c)Any agreement or contract for sharing of prescription
 1290  drug monitoring information between the department and another
 1291  state, district, or territory shall contain the same
 1292  restrictions and requirements as this section or s. 893.0551,
 1293  and the information must be provided according to the
 1294  department’s determination of compatibility.
 1295         (7)The department may enter into agreements or contracts
 1296  to establish secure connections between the system and a
 1297  prescribing or dispensing health care practitioner’s electronic
 1298  health recordkeeping system. The electronic health recordkeeping
 1299  system owner or license holder will be responsible for ensuring
 1300  that only authorized individuals have access to prescription
 1301  drug monitoring program information.
 1302         (8)A prescriber or dispenser or a designee of a prescriber
 1303  or dispenser must consult the system to review a patient’s
 1304  controlled substance dispensing history before prescribing or
 1305  dispensing a controlled substance.
 1306         (a)The duty to consult the system does not apply to a
 1307  prescriber or dispenser or designee of a prescriber or dispenser
 1308  if the system is not operational, as determined by the
 1309  department, or when it cannot be accessed by a health care
 1310  practitioner because of a temporary technological or electrical
 1311  failure.
 1312         (b)A prescriber or dispenser or designee of a prescriber
 1313  or dispenser who does not consult the system under this
 1314  subsection shall document the reason he or she did not consult
 1315  the system in the patient’s medical record or prescription
 1316  record, and shall not prescribe or dispense greater than a 3-day
 1317  supply of a controlled substance to the patient.
 1318         (c)The department shall issue a citation pursuant to the
 1319  procedure in s. 456.077 to any prescriber or dispenser who fails
 1320  to consult the system as required by this subsection.
 1321         (9)A person who willfully and knowingly fails to report
 1322  the dispensing of a controlled substance as required by this
 1323  section commits a misdemeanor of the first degree, punishable as
 1324  provided in s. 775.082 or s. 775.083.
 1325         (10)Information in the prescription drug monitoring
 1326  program’s system may be released only as provided in this
 1327  section and s. 893.0551. The content of the system is intended
 1328  to be informational only. Information in the system is not
 1329  subject to discovery or introduction into evidence in any civil
 1330  or administrative action against a prescriber, dispenser,
 1331  pharmacy, or patient arising out of matters that are the subject
 1332  of information in the system. The program manager and authorized
 1333  persons who participate in preparing, reviewing, issuing, or any
 1334  other activity related to management of the system may not be
 1335  permitted or required to testify in any such civil or
 1336  administrative action as to any findings, recommendations,
 1337  evaluations, opinions, or other actions taken in connection with
 1338  management of the system.
 1339         (11)A prescriber or dispenser, or his or her designee, may
 1340  have access to the information under this section which relates
 1341  to a patient of that prescriber or dispenser as needed for the
 1342  purpose of reviewing the patient’s controlled drug prescription
 1343  history. A prescriber or dispenser acting in good faith is
 1344  immune from any civil, criminal, or administrative liability
 1345  that might otherwise be incurred or imposed for receiving or
 1346  using information from the prescription drug monitoring program.
 1347  This subsection does not create a private cause of action, and a
 1348  person may not recover damages against a prescriber or dispenser
 1349  authorized to access information under this subsection for
 1350  accessing or failing to access such information.
 1351         (12)(a)All costs incurred by the department in
 1352  administering the prescription drug monitoring program shall be
 1353  funded through federal grants, private funding applied for or
 1354  received by the state, or state funds appropriated in the
 1355  General Appropriations Act. The department may not:
 1356         1.Commit funds for the monitoring program without ensuring
 1357  funding is available; or
 1358         2.Use funds provided, directly or indirectly by
 1359  prescription drug manufacturers to implement the program.
 1360         (b)The department shall cooperate with the direct-support
 1361  organization established under subsection (15) in seeking
 1362  federal grant funds, other nonstate grant funds, gifts,
 1363  donations, or other private moneys for the department if the
 1364  costs of doing so are immaterial. Immaterial costs include, but
 1365  are not limited to, the costs of mailing and personnel assigned
 1366  to research or apply for a grant. The department may
 1367  competitively procure and contract pursuant to s. 287.057 for
 1368  any goods and services required by this section.
 1369         (13)The department shall conduct or participate in studies
 1370  to examine the feasibility of enhancing the prescription drug
 1371  monitoring program for the purposes of public health initiatives
 1372  and statistical reporting. Such studies shall respect the
 1373  privacy of the patient, the prescriber, and the dispenser. Such
 1374  studies may be conducted by the department or a contracted
 1375  vendor in order to:
 1376         (a)Improve the quality of health care services and safety
 1377  by improving prescribing and dispensing practices for controlled
 1378  substances;
 1379         (b)Take advantage of advances in technology;
 1380         (c)Reduce duplicative prescriptions and the
 1381  overprescribing of controlled substances; and
 1382         (d)Reduce drug abuse.
 1383         (14)The department shall annually report on performance
 1384  measures to the Governor, the President of the Senate, and the
 1385  Speaker of the House of Representatives by December 1.
 1386  Performance measures may include, but are not limited to, the
 1387  following outcomes:
 1388         (a)Reduction of the rate of inappropriate use of
 1389  controlled substances through department education and safety
 1390  efforts.
 1391         (b)Reduction of the quantity of controlled substances
 1392  obtained by individuals attempting to engage in fraud and
 1393  deceit.
 1394         (c)Increased coordination among partners participating in
 1395  the prescription drug monitoring program.
 1396         (d)Involvement of stakeholders in achieving improved
 1397  patient health care and safety and reduction of controlled
 1398  substance abuse and controlled substance diversion.
 1399         (15)The department may establish a direct-support
 1400  organization to provide assistance, funding, and promotional
 1401  support for the activities authorized for the prescription drug
 1402  monitoring program.
 1403         (a)As used in this subsection, the term “direct-support
 1404  organization” means an organization that is:
 1405         1.A Florida corporation not for profit incorporated under
 1406  chapter 617, exempted from filing fees, and approved by the
 1407  Department of State.
 1408         2.Organized and operated to conduct programs and
 1409  activities; raise funds; request and receive grants, gifts, and
 1410  bequests of money; acquire, receive, hold, and invest, in its
 1411  own name, securities, funds, objects of value, or other
 1412  property, either real or personal; and make expenditures or
 1413  provide funding to or for the direct or indirect benefit of the
 1414  department in the furtherance of the prescription drug
 1415  monitoring program.
 1416         (b)The State Surgeon General shall appoint a board of
 1417  directors for the direct-support organization.
 1418         1. The board of directors shall consist of no fewer than
 1419  five members who shall serve at the pleasure of the State
 1420  Surgeon General.
 1421         2.The State Surgeon General shall provide guidance to
 1422  members of the board to ensure that moneys received by the
 1423  direct-support organization are not received from inappropriate
 1424  sources. Inappropriate sources include, but are not limited to,
 1425  donors, grantors, persons, prescription drug manufacturers, or
 1426  organizations that may monetarily or substantively benefit from
 1427  the purchase of goods or services by the department in
 1428  furtherance of the prescription drug monitoring program.
 1429         (c)The direct-support organization shall operate under
 1430  written contract with the department. The contract must, at a
 1431  minimum, provide for:
 1432         1.Approval of the articles of incorporation and bylaws of
 1433  the direct-support organization by the department.
 1434         2.Submission of an annual budget for the approval of the
 1435  department.
 1436         3.The reversion, without penalty, to the department’s
 1437  grants and donations trust fund for the administration of the
 1438  prescription drug monitoring program of all moneys and property
 1439  held in trust by the direct-support organization for the benefit
 1440  of the prescription drug monitoring program if the direct
 1441  support organization ceases to exist or if the contract is
 1442  terminated.
 1443         4.The fiscal year of the direct-support organization,
 1444  which must begin July 1 of each year and end June 30 of the
 1445  following year.
 1446         5.The disclosure of the material provisions of the
 1447  contract to donors of gifts, contributions, or bequests,
 1448  including such disclosure on all promotional and fundraising
 1449  publications, and an explanation to such donors of the
 1450  distinction between the department and the direct-support
 1451  organization.
 1452         6.The direct-support organization’s collecting, expending,
 1453  and providing of funds to the department for the development,
 1454  implementation, and operation of the prescription drug
 1455  monitoring program as described in this section. The direct
 1456  support organization may collect and expend funds to be used for
 1457  the functions of the direct-support organization’s board of
 1458  directors, as necessary and approved by the department. In
 1459  addition, the direct-support organization may collect and
 1460  provide funding to the department in furtherance of the
 1461  prescription drug monitoring program by:
 1462         a.Establishing and administering the prescription drug
 1463  monitoring program’s electronic system, including hardware and
 1464  software.
 1465         b.Conducting studies on the efficiency and effectiveness
 1466  of the program to include feasibility studies as described in
 1467  subsection (13).
 1468         c.Providing funds for future enhancements of the program
 1469  within the intent of this section.
 1470         d.Providing user training of the prescription drug
 1471  monitoring program, including distribution of materials to
 1472  promote public awareness and education and conducting workshops
 1473  or other meetings, for health care practitioners, pharmacists,
 1474  and others as appropriate.
 1475         e.Providing funds for travel expenses.
 1476         f.Providing funds for administrative costs, including
 1477  personnel, audits, facilities, and equipment.
 1478         g.Fulfilling all other requirements necessary to implement
 1479  and operate the program as outlined in this section.
 1480         7.Certification by the department that the direct-support
 1481  organization is complying with the terms of the contract in a
 1482  manner consistent with and in furtherance of the goals and
 1483  purposes of the prescription drug monitoring program and in the
 1484  best interests of the state. Such certification must be made
 1485  annually and reported in the official minutes of a meeting of
 1486  the direct-support organization.
 1487         (d)The activities of the direct-support organization must
 1488  be consistent with the goals and mission of the department, as
 1489  determined by the department, and in the best interests of the
 1490  state. The direct-support organization must obtain written
 1491  approval from the department for any activities in support of
 1492  the prescription drug monitoring program before undertaking
 1493  those activities.
 1494         (e)The direct-support organization shall provide for an
 1495  independent annual financial audit in accordance with s.
 1496  215.981. Copies of the audit shall be provided to the department
 1497  and the Office of Policy and Budget in the Executive Office of
 1498  the Governor.
 1499         (f)The direct-support organization may not exercise any
 1500  power under s. 617.0302(12) or (16).
 1501         (g)The direct-support organization is not considered a
 1502  lobbying firm within the meaning of s. 11.045.
 1503         (h)The department may permit, without charge, appropriate
 1504  use of administrative services, property, and facilities of the
 1505  department by the direct-support organization, subject to this
 1506  section. The use must be directly in keeping with the approved
 1507  purposes of the direct-support organization and may not be made
 1508  at times or places that would unreasonably interfere with
 1509  opportunities for the public to use such facilities for
 1510  established purposes. Any moneys received from rentals of
 1511  facilities and properties managed by the department may be held
 1512  in a separate depository account in the name of the direct
 1513  support organization and subject to the provisions of the letter
 1514  of agreement with the department. The letter of agreement must
 1515  provide that any funds held in the separate depository account
 1516  in the name of the direct-support organization must revert to
 1517  the department if the direct-support organization is no longer
 1518  approved by the department to operate in the best interests of
 1519  the state.
 1520         (i)The department may adopt rules under s. 120.54 to
 1521  govern the use of administrative services, property, or
 1522  facilities of the department or office by the direct-support
 1523  organization.
 1524         (j)The department may not permit the use of any
 1525  administrative services, property, or facilities of the state by
 1526  a direct-support organization if that organization does not
 1527  provide equal membership and employment opportunities to all
 1528  persons regardless of race, color, religion, gender, age, or
 1529  national origin.
 1530         (k)This subsection is repealed October 1, 2027, unless
 1531  reviewed and saved from repeal by the Legislature.
 1532         (16)The department shall adopt rules necessary to
 1533  implement this section.
 1534         Section 12. Section 893.0551, Florida Statutes, is amended
 1535  to read:
 1536         893.0551 Public records exemption for the prescription drug
 1537  monitoring program.—
 1538         (1) For purposes of this section, the terms used in this
 1539  section have the same meanings as provided in s. 893.055.
 1540         (2) The following information of a patient or patient’s
 1541  agent, a health care practitioner, a dispenser, an employee of
 1542  the practitioner who is acting on behalf of and at the direction
 1543  of the practitioner, a pharmacist, or a pharmacy that is
 1544  contained in records held by the department under s. 893.055 is
 1545  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1546  of the State Constitution:
 1547         (a) Name.
 1548         (b) Address.
 1549         (c) Telephone number.
 1550         (d) Insurance plan number.
 1551         (e) Government-issued identification number.
 1552         (f) Provider number.
 1553         (g) Drug Enforcement Administration number.
 1554         (h) Any other unique identifying information or number.
 1555         (3) The department shall disclose such confidential and
 1556  exempt information to the following persons or entities upon
 1557  request and after using a verification process to ensure the
 1558  legitimacy of the request as provided in s. 893.055:
 1559         (a)A health care practitioner, or his or her designee, who
 1560  certifies that the information is necessary to provide medical
 1561  treatment to a current patient in accordance with ss. 893.05 and
 1562  893.055.
 1563         (b) A qualified physician, to review a patient’s controlled
 1564  drug prescription history before issuing a physician
 1565  certification pursuant to s. 381.986.
 1566         (c)An employee of the United States Department of Veterans
 1567  Affairs, United States Department of Defense, or the Indian
 1568  Health Service who provides health care services pursuant to
 1569  such employment and who has the authority to prescribe
 1570  controlled substances shall have access to the information in
 1571  the program’s system upon verification of such employment.
 1572         (d)The program manager and designated support staff for
 1573  administration of the program, and to provide relevant
 1574  information to the prescriber, dispenser, and appropriate law
 1575  enforcement agencies, in accordance with s. 893.055.
 1576         (e)The department for investigations involving licensees
 1577  authorized to prescribe or dispense controlled substances. The
 1578  department may request information from the program but may not
 1579  have direct access to its system. The department may provide to
 1580  a law enforcement agency pursuant to ss. 456.066 and 456.073
 1581  only information that is relevant to the specific controlled
 1582  substances investigation that prompted the request for the
 1583  information.
 1584         (f)(a) The Attorney General or his or her designee when
 1585  working on Medicaid fraud cases involving prescribed controlled
 1586  substances prescription drugs or when the Attorney General has
 1587  initiated a review of specific identifiers of Medicaid fraud or
 1588  specific identifiers that warrant a Medicaid investigation
 1589  regarding prescribed controlled substances prescription drugs.
 1590  The Attorney General’s Medicaid fraud investigators may not have
 1591  direct access to the department’s system database. The Attorney
 1592  General or his or her designee may disclose to a criminal
 1593  justice agency, as defined in s. 119.011, only the confidential
 1594  and exempt information received from the department that is
 1595  relevant to an identified active investigation that prompted the
 1596  request for the information.
 1597         (g)(b) The department’s relevant health care regulatory
 1598  boards responsible for the licensure, regulation, or discipline
 1599  of a practitioner, pharmacist, or other person who is authorized
 1600  to prescribe, administer, or dispense controlled substances and
 1601  who is involved in a specific controlled substances
 1602  investigation for prescription drugs involving a designated
 1603  person. The health care regulatory boards may request
 1604  information from the department but may not have direct access
 1605  to its database. The health care regulatory boards may provide
 1606  to a law enforcement agency pursuant to ss. 456.066 and 456.073
 1607  only information that is relevant to the specific controlled
 1608  substances investigation that prompted the request for the
 1609  information.
 1610         (h)(c) A law enforcement agency that has initiated an
 1611  active investigation involving a specific violation of law
 1612  regarding prescription drug abuse or diversion of prescribed
 1613  controlled substances and that has entered into a user agreement
 1614  with the department. A law enforcement agency may request
 1615  information from the department but may not have direct access
 1616  to its system database. The law enforcement agency may disclose
 1617  to a criminal justice agency, as defined in s. 119.011, only
 1618  confidential and exempt information received from the department
 1619  that is relevant to an identified active investigation that
 1620  prompted the request for such information.
 1621         (i)A district medical examiner or associate medical
 1622  examiner, as described in s. 406.06, pursuant to his or her
 1623  official duties, as required by s. 406.11, to determine the
 1624  cause of death of an individual. Such medical examiners may
 1625  request information from the department but may not have direct
 1626  access to the system.
 1627         (f)A patient or the legal guardian or designated health
 1628  care surrogate for an incapacitated patient, if applicable,
 1629  making a request as provided in s. 893.055(7)(c)4.
 1630         (j)(h) An impaired practitioner consultant who has been
 1631  authorized in writing by a participant in, or by a referral to,
 1632  the impaired practitioner program to access and review
 1633  information as provided in s. 893.055(5)(e) 893.055(7)(c)5.
 1634         (k)A patient or the legal guardian or designated health
 1635  care surrogate for an incapacitated patient, if applicable,
 1636  making a request as provided in s. 893.055(5)(f).
 1637         (4) If the department determines consistent with its rules
 1638  that a pattern of controlled substance abuse exists, the
 1639  department may disclose such confidential and exempt information
 1640  to the applicable law enforcement agency in accordance with s.
 1641  893.055. The law enforcement agency may disclose to a criminal
 1642  justice agency, as defined in s. 119.011, only confidential and
 1643  exempt information received from the department that is relevant
 1644  to an identified active investigation that is specific to a
 1645  violation of s. 893.13(7)(a)8., s. 893.13(8)(a), or s.
 1646  893.13(8)(b).
 1647         (5) Before disclosing confidential and exempt information
 1648  to a criminal justice agency or a law enforcement agency
 1649  pursuant to this section, the disclosing person or entity must
 1650  take steps to ensure the continued confidentiality of all
 1651  confidential and exempt information. At a minimum, these steps
 1652  must include redacting any nonrelevant information.
 1653         (6) An agency or person who obtains any confidential and
 1654  exempt information pursuant to this section must maintain the
 1655  confidential and exempt status of that information and may not
 1656  disclose such information unless authorized by law. Information
 1657  shared with a state attorney pursuant to paragraph (3)(f) (3)(a)
 1658  or paragraph (3)(h) (3)(c) may be released only in response to a
 1659  discovery demand if such information is directly related to the
 1660  criminal case for which the information was requested. Unrelated
 1661  information may be released only upon an order of a court of
 1662  competent jurisdiction.
 1663         (7) A person who willfully and knowingly violates this
 1664  section commits a felony of the third degree, punishable as
 1665  provided in s. 775.082, s. 775.083, or s. 775.084.
 1666         Section 13. Effective January 1, 2019, paragraphs (pp) and
 1667  (qq) of subsection (1) of section 458.331, Florida Statutes, are
 1668  amended to read:
 1669         458.331 Grounds for disciplinary action; action by the
 1670  board and department.—
 1671         (1) The following acts constitute grounds for denial of a
 1672  license or disciplinary action, as specified in s. 456.072(2):
 1673         (pp) Applicable to a licensee who serves as the designated
 1674  physician of a pain-management clinic as defined in s. 458.3265
 1675  or s. 459.0137:
 1676         1. Registering a pain-management clinic through
 1677  misrepresentation or fraud;
 1678         2. Procuring, or attempting to procure, the registration of
 1679  a pain-management clinic for any other person by making or
 1680  causing to be made, any false representation;
 1681         3. Failing to comply with any requirement of chapter 499,
 1682  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
 1683  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
 1684  the Drug Abuse Prevention and Control Act; or chapter 893, the
 1685  Florida Comprehensive Drug Abuse Prevention and Control Act;
 1686         4. Being convicted or found guilty of, regardless of
 1687  adjudication to, a felony or any other crime involving moral
 1688  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
 1689  the courts of this state, of any other state, or of the United
 1690  States;
 1691         5. Being convicted of, or disciplined by a regulatory
 1692  agency of the Federal Government or a regulatory agency of
 1693  another state for, any offense that would constitute a violation
 1694  of this chapter;
 1695         6. Being convicted of, or entering a plea of guilty or nolo
 1696  contendere to, regardless of adjudication, a crime in any
 1697  jurisdiction of the courts of this state, of any other state, or
 1698  of the United States which relates to the practice of, or the
 1699  ability to practice, a licensed health care profession;
 1700         7. Being convicted of, or entering a plea of guilty or nolo
 1701  contendere to, regardless of adjudication, a crime in any
 1702  jurisdiction of the courts of this state, of any other state, or
 1703  of the United States which relates to health care fraud;
 1704         8. Dispensing any medicinal drug based upon a communication
 1705  that purports to be a prescription as defined in s. 465.003(14)
 1706  or s. 893.02 if the dispensing practitioner knows or has reason
 1707  to believe that the purported prescription is not based upon a
 1708  valid practitioner-patient relationship; or
 1709         9. Failing to timely notify the board of the date of his or
 1710  her termination from a pain-management clinic as required by s.
 1711  458.3265(3) 458.3265(2).
 1712         (qq) Failing to timely notify the department of the theft
 1713  of prescription blanks from a pain-management clinic or a breach
 1714  of other methods for prescribing within 24 hours as required by
 1715  s. 458.3265(3) 458.3265(2).
 1716         Section 14.  Effective January 1, 2019, Paragraphs (rr) and
 1717  (ss) of subsection (1) of section 459.015, Florida Statutes, are
 1718  amended to read:
 1719         459.015 Grounds for disciplinary action; action by the
 1720  board and department.—
 1721         (1) The following acts constitute grounds for denial of a
 1722  license or disciplinary action, as specified in s. 456.072(2):
 1723         (rr) Applicable to a licensee who serves as the designated
 1724  physician of a pain-management clinic as defined in s. 458.3265
 1725  or s. 459.0137:
 1726         1. Registering a pain-management clinic through
 1727  misrepresentation or fraud;
 1728         2. Procuring, or attempting to procure, the registration of
 1729  a pain-management clinic for any other person by making or
 1730  causing to be made, any false representation;
 1731         3. Failing to comply with any requirement of chapter 499,
 1732  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
 1733  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
 1734  the Drug Abuse Prevention and Control Act; or chapter 893, the
 1735  Florida Comprehensive Drug Abuse Prevention and Control Act;
 1736         4. Being convicted or found guilty of, regardless of
 1737  adjudication to, a felony or any other crime involving moral
 1738  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
 1739  the courts of this state, of any other state, or of the United
 1740  States;
 1741         5. Being convicted of, or disciplined by a regulatory
 1742  agency of the Federal Government or a regulatory agency of
 1743  another state for, any offense that would constitute a violation
 1744  of this chapter;
 1745         6. Being convicted of, or entering a plea of guilty or nolo
 1746  contendere to, regardless of adjudication, a crime in any
 1747  jurisdiction of the courts of this state, of any other state, or
 1748  of the United States which relates to the practice of, or the
 1749  ability to practice, a licensed health care profession;
 1750         7. Being convicted of, or entering a plea of guilty or nolo
 1751  contendere to, regardless of adjudication, a crime in any
 1752  jurisdiction of the courts of this state, of any other state, or
 1753  of the United States which relates to health care fraud;
 1754         8. Dispensing any medicinal drug based upon a communication
 1755  that purports to be a prescription as defined in s. 465.003(14)
 1756  or s. 893.02 if the dispensing practitioner knows or has reason
 1757  to believe that the purported prescription is not based upon a
 1758  valid practitioner-patient relationship; or
 1759         9. Failing to timely notify the board of the date of his or
 1760  her termination from a pain-management clinic as required by s.
 1761  459.0137(3) 459.0137(2).
 1762         (ss) Failing to timely notify the department of the theft
 1763  of prescription blanks from a pain-management clinic or a breach
 1764  of other methods for prescribing within 24 hours as required by
 1765  s. 459.0137(3) 459.0137(2).
 1766         Section 15. Paragraph (b) of subsection (4) of section
 1767  463.0055, Florida Statutes, is amended to read:
 1768         463.0055 Administration and prescription of ocular
 1769  pharmaceutical agents.—
 1770         (4) A certified optometrist shall be issued a prescriber
 1771  number by the board. Any prescription written by a certified
 1772  optometrist for an ocular pharmaceutical agent pursuant to this
 1773  section shall have the prescriber number printed thereon. A
 1774  certified optometrist may not administer or prescribe:
 1775         (b) A controlled substance for the treatment of chronic
 1776  nonmalignant pain as defined in s. 456.44(1)(f) 456.44(1)(e).
 1777         Section 16. Paragraph (a) of subsection (1) of section
 1778  782.04, Florida Statutes, is amended to read:
 1779         782.04 Murder.—
 1780         (1)(a) The unlawful killing of a human being:
 1781         1. When perpetrated from a premeditated design to effect
 1782  the death of the person killed or any human being;
 1783         2. When committed by a person engaged in the perpetration
 1784  of, or in the attempt to perpetrate, any:
 1785         a. Trafficking offense prohibited by s. 893.135(1),
 1786         b. Arson,
 1787         c. Sexual battery,
 1788         d. Robbery,
 1789         e. Burglary,
 1790         f. Kidnapping,
 1791         g. Escape,
 1792         h. Aggravated child abuse,
 1793         i. Aggravated abuse of an elderly person or disabled adult,
 1794         j. Aircraft piracy,
 1795         k. Unlawful throwing, placing, or discharging of a
 1796  destructive device or bomb,
 1797         l. Carjacking,
 1798         m. Home-invasion robbery,
 1799         n. Aggravated stalking,
 1800         o. Murder of another human being,
 1801         p. Resisting an officer with violence to his or her person,
 1802         q. Aggravated fleeing or eluding with serious bodily injury
 1803  or death,
 1804         r. Felony that is an act of terrorism or is in furtherance
 1805  of an act of terrorism, including a felony under s. 775.30, s.
 1806  775.32, s. 775.33, s. 775.34, or s. 775.35, or
 1807         s. Human trafficking; or
 1808         3. Which resulted from the unlawful distribution by a
 1809  person 18 years of age or older of any of the following
 1810  substances, or mixture containing any of the following
 1811  substances, when such substance or mixture is proven to be the
 1812  proximate cause of the death of the user:
 1813         a. A substance controlled under s. 893.03(1);
 1814         b. Cocaine, as described in s. 893.03(2)(a)4.;
 1815         c. Opium or any synthetic or natural salt, compound,
 1816  derivative, or preparation of opium;
 1817         d. Methadone;
 1818         e. Alfentanil, as described in s. 893.03(2)(b)1.;
 1819         f. Carfentanil, as described in s. 893.03(2)(b)6.;
 1820         g. Fentanyl, as described in s. 893.03(2)(b)9.;
 1821         h. Sufentanil, as described in s. 893.03(2)(b)30.
 1822  893.03(2)(b)29.; or
 1823         i. A controlled substance analog, as described in s.
 1824  893.0356, of any substance specified in sub-subparagraphs a.-h.,
 1825  
 1826  is murder in the first degree and constitutes a capital felony,
 1827  punishable as provided in s. 775.082.
 1828         Section 17. Paragraphs (a), (c), (d), (e), (f), and (h) of
 1829  subsection (1), subsection (2), paragraphs (a) and (b) of
 1830  subsection (4), and subsection (5) of section 893.13, Florida
 1831  Statutes, are amended to read:
 1832         893.13 Prohibited acts; penalties.—
 1833         (1)(a) Except as authorized by this chapter and chapter
 1834  499, a person may not sell, manufacture, or deliver, or possess
 1835  with intent to sell, manufacture, or deliver, a controlled
 1836  substance. A person who violates this provision with respect to:
 1837         1. A controlled substance named or described in s.
 1838  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1839  (2)(c)4. commits a felony of the second degree, punishable as
 1840  provided in s. 775.082, s. 775.083, or s. 775.084.
 1841         2. A controlled substance named or described in s.
 1842  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1843  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1844  felony of the third degree, punishable as provided in s.
 1845  775.082, s. 775.083, or s. 775.084.
 1846         3. A controlled substance named or described in s.
 1847  893.03(5) commits a misdemeanor of the first degree, punishable
 1848  as provided in s. 775.082 or s. 775.083.
 1849         (c) Except as authorized by this chapter, a person may not
 1850  sell, manufacture, or deliver, or possess with intent to sell,
 1851  manufacture, or deliver, a controlled substance in, on, or
 1852  within 1,000 feet of the real property comprising a child care
 1853  facility as defined in s. 402.302 or a public or private
 1854  elementary, middle, or secondary school between the hours of 6
 1855  a.m. and 12 midnight, or at any time in, on, or within 1,000
 1856  feet of real property comprising a state, county, or municipal
 1857  park, a community center, or a publicly owned recreational
 1858  facility. As used in this paragraph, the term “community center”
 1859  means a facility operated by a nonprofit community-based
 1860  organization for the provision of recreational, social, or
 1861  educational services to the public. A person who violates this
 1862  paragraph with respect to:
 1863         1. A controlled substance named or described in s.
 1864  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1865  (2)(c)4. commits a felony of the first degree, punishable as
 1866  provided in s. 775.082, s. 775.083, or s. 775.084. The defendant
 1867  must be sentenced to a minimum term of imprisonment of 3
 1868  calendar years unless the offense was committed within 1,000
 1869  feet of the real property comprising a child care facility as
 1870  defined in s. 402.302.
 1871         2. A controlled substance named or described in s.
 1872  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1873  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1874  felony of the second degree, punishable as provided in s.
 1875  775.082, s. 775.083, or s. 775.084.
 1876         3. Any other controlled substance, except as lawfully sold,
 1877  manufactured, or delivered, must be sentenced to pay a $500 fine
 1878  and to serve 100 hours of public service in addition to any
 1879  other penalty prescribed by law.
 1880  
 1881  This paragraph does not apply to a child care facility unless
 1882  the owner or operator of the facility posts a sign that is not
 1883  less than 2 square feet in size with a word legend identifying
 1884  the facility as a licensed child care facility and that is
 1885  posted on the property of the child care facility in a
 1886  conspicuous place where the sign is reasonably visible to the
 1887  public.
 1888         (d) Except as authorized by this chapter, a person may not
 1889  sell, manufacture, or deliver, or possess with intent to sell,
 1890  manufacture, or deliver, a controlled substance in, on, or
 1891  within 1,000 feet of the real property comprising a public or
 1892  private college, university, or other postsecondary educational
 1893  institution. A person who violates this paragraph with respect
 1894  to:
 1895         1. A controlled substance named or described in s.
 1896  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1897  (2)(c)4. commits a felony of the first degree, punishable as
 1898  provided in s. 775.082, s. 775.083, or s. 775.084.
 1899         2. A controlled substance named or described in s.
 1900  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1901  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1902  felony of the second degree, punishable as provided in s.
 1903  775.082, s. 775.083, or s. 775.084.
 1904         3. Any other controlled substance, except as lawfully sold,
 1905  manufactured, or delivered, must be sentenced to pay a $500 fine
 1906  and to serve 100 hours of public service in addition to any
 1907  other penalty prescribed by law.
 1908         (e) Except as authorized by this chapter, a person may not
 1909  sell, manufacture, or deliver, or possess with intent to sell,
 1910  manufacture, or deliver, a controlled substance not authorized
 1911  by law in, on, or within 1,000 feet of a physical place for
 1912  worship at which a church or religious organization regularly
 1913  conducts religious services or within 1,000 feet of a
 1914  convenience business as defined in s. 812.171. A person who
 1915  violates this paragraph with respect to:
 1916         1. A controlled substance named or described in s.
 1917  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1918  (2)(c)4. commits a felony of the first degree, punishable as
 1919  provided in s. 775.082, s. 775.083, or s. 775.084.
 1920         2. A controlled substance named or described in s.
 1921  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1922  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1923  felony of the second degree, punishable as provided in s.
 1924  775.082, s. 775.083, or s. 775.084.
 1925         3. Any other controlled substance, except as lawfully sold,
 1926  manufactured, or delivered, must be sentenced to pay a $500 fine
 1927  and to serve 100 hours of public service in addition to any
 1928  other penalty prescribed by law.
 1929         (f) Except as authorized by this chapter, a person may not
 1930  sell, manufacture, or deliver, or possess with intent to sell,
 1931  manufacture, or deliver, a controlled substance in, on, or
 1932  within 1,000 feet of the real property comprising a public
 1933  housing facility at any time. As used in this section, the term
 1934  “real property comprising a public housing facility” means real
 1935  property, as defined in s. 421.03(12), of a public corporation
 1936  created as a housing authority pursuant to part I of chapter
 1937  421. A person who violates this paragraph with respect to:
 1938         1. A controlled substance named or described in s.
 1939  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1940  (2)(c)4. commits a felony of the first degree, punishable as
 1941  provided in s. 775.082, s. 775.083, or s. 775.084.
 1942         2. A controlled substance named or described in s.
 1943  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1944  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1945  felony of the second degree, punishable as provided in s.
 1946  775.082, s. 775.083, or s. 775.084.
 1947         3. Any other controlled substance, except as lawfully sold,
 1948  manufactured, or delivered, must be sentenced to pay a $500 fine
 1949  and to serve 100 hours of public service in addition to any
 1950  other penalty prescribed by law.
 1951         (h) Except as authorized by this chapter, a person may not
 1952  sell, manufacture, or deliver, or possess with intent to sell,
 1953  manufacture, or deliver, a controlled substance in, on, or
 1954  within 1,000 feet of the real property comprising an assisted
 1955  living facility, as that term is used in chapter 429. A person
 1956  who violates this paragraph with respect to:
 1957         1. A controlled substance named or described in s.
 1958  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1959  (2)(c)4. commits a felony of the first degree, punishable as
 1960  provided in s. 775.082, s. 775.083, or s. 775.084.
 1961         2. A controlled substance named or described in s.
 1962  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1963  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1964  felony of the second degree, punishable as provided in s.
 1965  775.082, s. 775.083, or s. 775.084.
 1966         3. Any other controlled substance, except as lawfully sold,
 1967  manufactured, or delivered, must be sentenced to pay a $500 fine
 1968  and to serve 100 hours of public service in addition to any
 1969  other penalty prescribed by law.
 1970         (2)(a) Except as authorized by this chapter and chapter
 1971  499, a person may not purchase, or possess with intent to
 1972  purchase, a controlled substance. A person who violates this
 1973  provision with respect to:
 1974         1. A controlled substance named or described in s.
 1975  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1976  (2)(c)4. commits a felony of the second degree, punishable as
 1977  provided in s. 775.082, s. 775.083, or s. 775.084.
 1978         2. A controlled substance named or described in s.
 1979  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1980  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1981  felony of the third degree, punishable as provided in s.
 1982  775.082, s. 775.083, or s. 775.084.
 1983         3. A controlled substance named or described in s.
 1984  893.03(5) commits a misdemeanor of the first degree, punishable
 1985  as provided in s. 775.082 or s. 775.083.
 1986         (b) Except as provided in this chapter, a person may not
 1987  purchase more than 10 grams of any substance named or described
 1988  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 1989  mixture containing any such substance. A person who violates
 1990  this paragraph commits a felony of the first degree, punishable
 1991  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1992         (4) Except as authorized by this chapter, a person 18 years
 1993  of age or older may not deliver any controlled substance to a
 1994  person younger than 18 years of age, use or hire a person
 1995  younger than 18 years of age as an agent or employee in the sale
 1996  or delivery of such a substance, or use such person to assist in
 1997  avoiding detection or apprehension for a violation of this
 1998  chapter. A person who violates this subsection with respect to:
 1999         (a) A controlled substance named or described in s.
 2000  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2001  (2)(c)4. commits a felony of the first degree, punishable as
 2002  provided in s. 775.082, s. 775.083, or s. 775.084.
 2003         (b) A controlled substance named or described in s.
 2004  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2005  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2006  felony of the second degree, punishable as provided in s.
 2007  775.082, s. 775.083, or s. 775.084.
 2008  
 2009  Imposition of sentence may not be suspended or deferred, and the
 2010  person so convicted may not be placed on probation.
 2011         (5) A person may not bring into this state any controlled
 2012  substance unless the possession of such controlled substance is
 2013  authorized by this chapter or unless such person is licensed to
 2014  do so by the appropriate federal agency. A person who violates
 2015  this provision with respect to:
 2016         (a) A controlled substance named or described in s.
 2017  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2018  (2)(c)4. commits a felony of the second degree, punishable as
 2019  provided in s. 775.082, s. 775.083, or s. 775.084.
 2020         (b) A controlled substance named or described in s.
 2021  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2022  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2023  felony of the third degree, punishable as provided in s.
 2024  775.082, s. 775.083, or s. 775.084.
 2025         (c) A controlled substance named or described in s.
 2026  893.03(5) commits a misdemeanor of the first degree, punishable
 2027  as provided in s. 775.082 or s. 775.083.
 2028         Section 18. Paragraphs (c) and (f) of subsection (1) of
 2029  section 893.135, Florida Statutes, are amended to read:
 2030         893.135 Trafficking; mandatory sentences; suspension or
 2031  reduction of sentences; conspiracy to engage in trafficking.—
 2032         (1) Except as authorized in this chapter or in chapter 499
 2033  and notwithstanding the provisions of s. 893.13:
 2034         (c)1. A person who knowingly sells, purchases,
 2035  manufactures, delivers, or brings into this state, or who is
 2036  knowingly in actual or constructive possession of, 4 grams or
 2037  more of any morphine, opium, hydromorphone, or any salt,
 2038  derivative, isomer, or salt of an isomer thereof, including
 2039  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2040  (3)(c)4., or 4 grams or more of any mixture containing any such
 2041  substance, but less than 30 kilograms of such substance or
 2042  mixture, commits a felony of the first degree, which felony
 2043  shall be known as “trafficking in illegal drugs,” punishable as
 2044  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2045  quantity involved:
 2046         a. Is 4 grams or more, but less than 14 grams, such person
 2047  shall be sentenced to a mandatory minimum term of imprisonment
 2048  of 3 years and shall be ordered to pay a fine of $50,000.
 2049         b. Is 14 grams or more, but less than 28 grams, such person
 2050  shall be sentenced to a mandatory minimum term of imprisonment
 2051  of 15 years and shall be ordered to pay a fine of $100,000.
 2052         c. Is 28 grams or more, but less than 30 kilograms, such
 2053  person shall be sentenced to a mandatory minimum term of
 2054  imprisonment of 25 years and shall be ordered to pay a fine of
 2055  $500,000.
 2056         2. A person who knowingly sells, purchases, manufactures,
 2057  delivers, or brings into this state, or who is knowingly in
 2058  actual or constructive possession of, 14 grams or more of
 2059  hydrocodone, as described in s. 893.03(2)(a)1.k.
 2060  893.03(2)(a)1.j., codeine, as described in s. 893.03(2)(a)1.g.,
 2061  or any salt thereof, or 14 grams or more of any mixture
 2062  containing any such substance, commits a felony of the first
 2063  degree, which felony shall be known as “trafficking in
 2064  hydrocodone,” punishable as provided in s. 775.082, s. 775.083,
 2065  or s. 775.084. If the quantity involved:
 2066         a. Is 14 grams or more, but less than 28 grams, such person
 2067  shall be sentenced to a mandatory minimum term of imprisonment
 2068  of 3 years and shall be ordered to pay a fine of $50,000.
 2069         b. Is 28 grams or more, but less than 50 grams, such person
 2070  shall be sentenced to a mandatory minimum term of imprisonment
 2071  of 7 years and shall be ordered to pay a fine of $100,000.
 2072         c. Is 50 grams or more, but less than 200 grams, such
 2073  person shall be sentenced to a mandatory minimum term of
 2074  imprisonment of 15 years and shall be ordered to pay a fine of
 2075  $500,000.
 2076         d. Is 200 grams or more, but less than 30 kilograms, such
 2077  person shall be sentenced to a mandatory minimum term of
 2078  imprisonment of 25 years and shall be ordered to pay a fine of
 2079  $750,000.
 2080         3. A person who knowingly sells, purchases, manufactures,
 2081  delivers, or brings into this state, or who is knowingly in
 2082  actual or constructive possession of, 7 grams or more of
 2083  oxycodone, as described in s. 893.03(2)(a)1.q. 893.03(2)(a)1.o.,
 2084  or any salt thereof, or 7 grams or more of any mixture
 2085  containing any such substance, commits a felony of the first
 2086  degree, which felony shall be known as “trafficking in
 2087  oxycodone,” punishable as provided in s. 775.082, s. 775.083, or
 2088  s. 775.084. If the quantity involved:
 2089         a. Is 7 grams or more, but less than 14 grams, such person
 2090  shall be sentenced to a mandatory minimum term of imprisonment
 2091  of 3 years and shall be ordered to pay a fine of $50,000.
 2092         b. Is 14 grams or more, but less than 25 grams, such person
 2093  shall be sentenced to a mandatory minimum term of imprisonment
 2094  of 7 years and shall be ordered to pay a fine of $100,000.
 2095         c. Is 25 grams or more, but less than 100 grams, such
 2096  person shall be sentenced to a mandatory minimum term of
 2097  imprisonment of 15 years and shall be ordered to pay a fine of
 2098  $500,000.
 2099         d. Is 100 grams or more, but less than 30 kilograms, such
 2100  person shall be sentenced to a mandatory minimum term of
 2101  imprisonment of 25 years and shall be ordered to pay a fine of
 2102  $750,000.
 2103         4.a. A person who knowingly sells, purchases, manufactures,
 2104  delivers, or brings into this state, or who is knowingly in
 2105  actual or constructive possession of, 4 grams or more of:
 2106         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 2107         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 2108         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 2109         (IV) Sufentanil, as described in s. 893.03(2)(b)30.
 2110  893.03(2)(b)29.;
 2111         (V) A fentanyl derivative, as described in s.
 2112  893.03(1)(a)62.;
 2113         (VI) A controlled substance analog, as described in s.
 2114  893.0356, of any substance described in sub-sub-subparagraphs
 2115  (I)-(V); or
 2116         (VII) A mixture containing any substance described in sub
 2117  sub-subparagraphs (I)-(VI),
 2118  
 2119  commits a felony of the first degree, which felony shall be
 2120  known as “trafficking in fentanyl,” punishable as provided in s.
 2121  775.082, s. 775.083, or s. 775.084.
 2122         b. If the quantity involved under sub-subparagraph a.:
 2123         (I) Is 4 grams or more, but less than 14 grams, such person
 2124  shall be sentenced to a mandatory minimum term of imprisonment
 2125  of 3 years, and shall be ordered to pay a fine of $50,000.
 2126         (II) Is 14 grams or more, but less than 28 grams, such
 2127  person shall be sentenced to a mandatory minimum term of
 2128  imprisonment of 15 years, and shall be ordered to pay a fine of
 2129  $100,000.
 2130         (III) Is 28 grams or more, such person shall be sentenced
 2131  to a mandatory minimum term of imprisonment of 25 years, and
 2132  shall be ordered to pay a fine of $500,000.
 2133         5. A person who knowingly sells, purchases, manufactures,
 2134  delivers, or brings into this state, or who is knowingly in
 2135  actual or constructive possession of, 30 kilograms or more of
 2136  any morphine, opium, oxycodone, hydrocodone, codeine,
 2137  hydromorphone, or any salt, derivative, isomer, or salt of an
 2138  isomer thereof, including heroin, as described in s.
 2139  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 2140  more of any mixture containing any such substance, commits the
 2141  first degree felony of trafficking in illegal drugs. A person
 2142  who has been convicted of the first degree felony of trafficking
 2143  in illegal drugs under this subparagraph shall be punished by
 2144  life imprisonment and is ineligible for any form of
 2145  discretionary early release except pardon or executive clemency
 2146  or conditional medical release under s. 947.149. However, if the
 2147  court determines that, in addition to committing any act
 2148  specified in this paragraph:
 2149         a. The person intentionally killed an individual or
 2150  counseled, commanded, induced, procured, or caused the
 2151  intentional killing of an individual and such killing was the
 2152  result; or
 2153         b. The person’s conduct in committing that act led to a
 2154  natural, though not inevitable, lethal result,
 2155  
 2156  such person commits the capital felony of trafficking in illegal
 2157  drugs, punishable as provided in ss. 775.082 and 921.142. A
 2158  person sentenced for a capital felony under this paragraph shall
 2159  also be sentenced to pay the maximum fine provided under
 2160  subparagraph 1.
 2161         6. A person who knowingly brings into this state 60
 2162  kilograms or more of any morphine, opium, oxycodone,
 2163  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 2164  isomer, or salt of an isomer thereof, including heroin, as
 2165  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 2166  60 kilograms or more of any mixture containing any such
 2167  substance, and who knows that the probable result of such
 2168  importation would be the death of a person, commits capital
 2169  importation of illegal drugs, a capital felony punishable as
 2170  provided in ss. 775.082 and 921.142. A person sentenced for a
 2171  capital felony under this paragraph shall also be sentenced to
 2172  pay the maximum fine provided under subparagraph 1.
 2173         (f)1. Any person who knowingly sells, purchases,
 2174  manufactures, delivers, or brings into this state, or who is
 2175  knowingly in actual or constructive possession of, 14 grams or
 2176  more of amphetamine, as described in s. 893.03(2)(c)2., or
 2177  methamphetamine, as described in s. 893.03(2)(c)5.
 2178  893.03(2)(c)4., or of any mixture containing amphetamine or
 2179  methamphetamine, or phenylacetone, phenylacetic acid,
 2180  pseudoephedrine, or ephedrine in conjunction with other
 2181  chemicals and equipment utilized in the manufacture of
 2182  amphetamine or methamphetamine, commits a felony of the first
 2183  degree, which felony shall be known as “trafficking in
 2184  amphetamine,” punishable as provided in s. 775.082, s. 775.083,
 2185  or s. 775.084. If the quantity involved:
 2186         a. Is 14 grams or more, but less than 28 grams, such person
 2187  shall be sentenced to a mandatory minimum term of imprisonment
 2188  of 3 years, and the defendant shall be ordered to pay a fine of
 2189  $50,000.
 2190         b. Is 28 grams or more, but less than 200 grams, such
 2191  person shall be sentenced to a mandatory minimum term of
 2192  imprisonment of 7 years, and the defendant shall be ordered to
 2193  pay a fine of $100,000.
 2194         c. Is 200 grams or more, such person shall be sentenced to
 2195  a mandatory minimum term of imprisonment of 15 calendar years
 2196  and pay a fine of $250,000.
 2197         2. Any person who knowingly manufactures or brings into
 2198  this state 400 grams or more of amphetamine, as described in s.
 2199  893.03(2)(c)2., or methamphetamine, as described in s.
 2200  893.03(2)(c)5. 893.03(2)(c)4., or of any mixture containing
 2201  amphetamine or methamphetamine, or phenylacetone, phenylacetic
 2202  acid, pseudoephedrine, or ephedrine in conjunction with other
 2203  chemicals and equipment used in the manufacture of amphetamine
 2204  or methamphetamine, and who knows that the probable result of
 2205  such manufacture or importation would be the death of any person
 2206  commits capital manufacture or importation of amphetamine, a
 2207  capital felony punishable as provided in ss. 775.082 and
 2208  921.142. Any person sentenced for a capital felony under this
 2209  paragraph shall also be sentenced to pay the maximum fine
 2210  provided under subparagraph 1.
 2211         Section 19. Paragraphs (b) through (e) and (g) of
 2212  subsection (3) of section 921.0022, Florida Statutes, are
 2213  amended to read:
 2214         921.0022 Criminal Punishment Code; offense severity ranking
 2215  chart.—
 2216         (3) OFFENSE SEVERITY RANKING CHART
 2217         (b) LEVEL 2
 2218  
 2219  
 2220  FloridaStatute    FelonyDegree           Description            
 2221  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2222  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2223  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 2224  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 2225  590.28(1)            3rd   Intentional burning of lands.     
 2226  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2227  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 2228  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2229  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2230  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 2231  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
 2232  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2233  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2234  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 2235  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2236  817.52(3)            3rd   Failure to redeliver hired vehicle.
 2237  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 2238  817.60(5)            3rd   Dealing in credit cards of another.
 2239  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 2240  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 2241  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 2242  831.01               3rd   Forgery.                          
 2243  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2244  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 2245  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 2246  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 2247  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 2248  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 2249  843.08               3rd   False personation.                
 2250  893.13(2)(a)2.       3rd   Purchase of any 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., (2)(c)10., (3), or (4) drugs other than cannabis.
 2251  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 2252  
 2253         (c) LEVEL 3
 2254  
 2255  
 2256  FloridaStatute    FelonyDegree           Description            
 2257  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
 2258  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
 2259  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
 2260  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2261  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 2262  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 2263  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
 2264  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2265  327.35(2)(b)         3rd   Felony BUI.                       
 2266  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2267  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2268  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2269  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.
 2270  379.2431 (1)(e)6.    3rd   Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
 2271  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2272  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
 2273  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
 2274  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 2275  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
 2276  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
 2277  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2278  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
 2279  697.08               3rd   Equity skimming.                  
 2280  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
 2281  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2282  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
 2283  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2284  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
 2285  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2286  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
 2287  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2288  817.233              3rd   Burning to defraud insurer.       
 2289  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 2290  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
 2291  817.236              3rd   Filing a false motor vehicle insurance application.
 2292  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2293  817.413(2)           3rd   Sale of used goods as new.        
 2294  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2295  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2296  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
 2297  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
 2298  843.19               3rd   Injure, disable, or kill police dog or horse.
 2299  860.15(3)            3rd   Overcharging for repairs and parts.
 2300  870.01(2)            3rd   Riot; inciting or encouraging.    
 2301  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., (2)(c)10., (3), or (4) drugs).
 2302  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., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
 2303  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., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
 2304  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
 2305  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
 2306  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2307  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2308  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
 2309  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 2310  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.
 2311  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.
 2312  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 2313  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.
 2314  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
 2315  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
 2316  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
 2317  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 2318  
 2319         (d) LEVEL 4
 2320  
 2321  FloridaStatute              FelonyDegree        Description        
 2322  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.
 2323  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 2324  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2325  517.07(1)                        3rd     Failure to register securities.
 2326  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
 2327  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
 2328  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
 2329  784.075                          3rd     Battery on detention or commitment facility staff.
 2330  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2331  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
 2332  784.081(3)                       3rd     Battery on specified official or employee.
 2333  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
 2334  784.083(3)                       3rd     Battery on code inspector.
 2335  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2336  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
 2337  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2338  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2339  787.07                           3rd     Human smuggling.          
 2340  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 2341  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 2342  790.115(2)(c)                    3rd     Possessing firearm on school property.
 2343  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
 2344  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2345  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2346  810.06                           3rd     Burglary; possession of tools.
 2347  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
 2348  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2349  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2350  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2351  817.505(4)(a)                    3rd     Patient brokering.        
 2352  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2353  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
 2354  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 2355  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
 2356  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2357  837.02(1)                        3rd     Perjury in official proceedings.
 2358  837.021(1)                       3rd     Make contradictory statements in official proceedings.
 2359  838.022                          3rd     Official misconduct.      
 2360  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
 2361  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
 2362  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
 2363  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2364  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 2365  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 2366  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
 2367  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)5. (2)(c)4. drugs).
 2368  914.14(2)                        3rd     Witnesses accepting bribes.
 2369  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
 2370  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 2371  918.12                           3rd     Tampering with jurors.    
 2372  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
 2373  
 2374  
 2375         (e) LEVEL 5
 2376  
 2377  
 2378  FloridaStatute    FelonyDegree           Description            
 2379  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2380  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 2381  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 2382  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2383  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 2384  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 2385  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2386  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 2387  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 2388  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 2389  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 2390  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2391  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2392  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 2393  790.01(2)            3rd   Carrying a concealed firearm.     
 2394  790.162              2nd   Threat to throw or discharge destructive device.
 2395  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 2396  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 2397  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2398  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 2399  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 2400  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 2401  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2402  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2403  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2404  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 2405  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 2406  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 2407  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 2408  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 2409  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 2410  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 2411  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 2412  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 2413  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2414  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2415  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2416  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 2417  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 2418  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 2419  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 2420  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 2421  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2422  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2423  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. (2)(c)4. drugs).
 2424  893.13(1)(c)2.       2nd   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., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2425  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. (2)(c)4. drugs) within 1,000 feet of university.
 2426  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under 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., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 2427  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. (2)(c)4. drugs) within 1,000 feet of public housing facility.
 2428  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 2429  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2430  
 2431         (g) LEVEL 7
 2432  
 2433  FloridaStatute           FelonyDegree         Description         
 2434  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2435  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2436  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.
 2437  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2438  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2439  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2440  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2441  456.065(2)                    3rd     Practicing a health care profession without a license.
 2442  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2443  458.327(1)                    3rd     Practicing medicine without a license.
 2444  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2445  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2446  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2447  462.17                        3rd     Practicing naturopathy without a license.
 2448  463.015(1)                    3rd     Practicing optometry without a license.
 2449  464.016(1)                    3rd     Practicing nursing without a license.
 2450  465.015(2)                    3rd     Practicing pharmacy without a license.
 2451  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2452  467.201                       3rd     Practicing midwifery without a license.
 2453  468.366                       3rd     Delivering respiratory care services without a license.
 2454  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2455  483.901(7)                    3rd     Practicing medical physics without a license.
 2456  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2457  484.053                       3rd     Dispensing hearing aids without a license.
 2458  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.
 2459  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.
 2460  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2461  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2462  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2463  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2464  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2465  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2466  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2467  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2468  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2469  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2470  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2471  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2472  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2473  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2474  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2475  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2476  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2477  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2478  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2479  784.083(1)                    1st     Aggravated battery on code inspector.
 2480  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2481  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.
 2482  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2483  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2484  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2485  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2486  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2487  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2488  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2489  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.
 2490  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2491  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2492  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2493  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.
 2494  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.
 2495  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2496  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2497  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2498  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2499  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2500  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.
 2501  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2502  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2503  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2504  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2505  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2506  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2507  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2508  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2509  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2510  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2511  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2512  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.
 2513  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2514  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 2515  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2516  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.
 2517  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2518  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2519  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2520  838.015                       2nd     Bribery.                    
 2521  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2522  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2523  838.22                        2nd     Bid tampering.              
 2524  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2525  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2526  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2527  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2528  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2529  872.06                        2nd     Abuse of a dead human body. 
 2530  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2531  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2532  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)5. (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.
 2533  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)5. (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2534  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 2535  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2536  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2537  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2538  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2539  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2540  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2541  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2542  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 2543  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 2544  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 2545  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 2546  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2547  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2548  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2549  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2550  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 2551  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 2552  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 2553  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2554  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2555  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2556  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2557  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2558  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2559  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2560  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2561  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2562  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2563  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2564  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2565  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2566  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2567  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2568  
 2569         Section 20. For the 2018-2019 fiscal year:
 2570         (1)(a)The nonrecurring sum of $27,035,360 from the Federal
 2571  Grants Trust Fund, and the recurring sum of $15,520,000 from the
 2572  General Revenue Fund are appropriated to the Department of
 2573  Children and Families. These funds shall be used for the
 2574  following services to address opioid and other substance abuse
 2575  disorders: outpatient, case management, and after care services;
 2576  residential treatment; medication-assisted treatment, including
 2577  the purchase and medical use of methadone, buprenorphine, and
 2578  naltrexone extended-release injectable; peer recovery support;
 2579  hospital and first responder outreach; and outreach targeted to
 2580  pregnant women.
 2581         (b)From a total of $4,720,000 of the recurring general
 2582  revenue funds specified in paragraph (a), the Department of
 2583  Children and Families shall contract with a nonprofit
 2584  organization for the distribution and associated costs for the
 2585  following drugs as part of its medication assisted treatment
 2586  program for substance abuse disorders:
 2587         1.$472,000 for methadone;
 2588         2.$1,888,000 for buprenorphine; and
 2589         3.$2,360,000 for naltrexone extended-release injectable.
 2590         (2)The recurring sum of $6 million from the General
 2591  Revenue Fund is appropriated to the Office of the State Courts
 2592  Administrator for treatment of substance abuse disorders in
 2593  individuals involved in the criminal justice system, individuals
 2594  who have a high likelihood of criminal justice involvement, or
 2595  who are in court-ordered, community-based drug treatment. The
 2596  Office of the State Courts Administrator shall use the funds to
 2597  contract with a non-profit entity for the purpose of
 2598  distributing the medication. The Office of the State Courts
 2599  Administrator shall make available the following drugs:
 2600         (a)$600,000 for methadone;
 2601         (b)$2.4 million for buprenorphine; and
 2602         (c)$3 million for naltrexone extended-release injectable.
 2603         (3)The recurring sum of $5 million from the General
 2604  Revenue Fund is appropriated to the Department of Health for the
 2605  purchase of naloxone to be made available to emergency
 2606  responders.
 2607         Section 21. Except as otherwise expressly provided in this
 2608  act, this act shall take effect July 1, 2018.
 2609  
 2610  ================= T I T L E  A M E N D M E N T ================
 2611  And the title is amended as follows:
 2612         Delete everything before the enacting clause
 2613  and insert:
 2614                        A bill to be entitled                      
 2615         An act relating to controlled substances; amending s.
 2616         409.967, F.S.; prohibiting managed care plans and
 2617         their fiscal agents or intermediaries from imposing
 2618         certain requirements or conditions on recipients as a
 2619         prerequisite to receiving medication-assisted
 2620         treatment (MAT) services to treat substance abuse
 2621         disorders; creating s. 456.0301, F.S.; authorizing
 2622         certain boards to require practitioners to complete a
 2623         specified board-approved continuing education course
 2624         to obtain authorization to prescribe controlled
 2625         substances as part of biennial license renewal;
 2626         providing exceptions; providing course requirements;
 2627         prohibiting the Department of Health from renewing a
 2628         license of a prescriber under specified circumstances;
 2629         requiring a licensee to submit confirmation of course
 2630         completion; providing for each licensing board
 2631         requiring such continuing education course to include
 2632         hours of completion with the total hours of continuing
 2633         education required in certain circumstances;
 2634         authorizing rulemaking; amending s. 456.072, F.S.;
 2635         authorizing disciplinary action against practitioners
 2636         for violating specified provisions relating to
 2637         controlled substances; amending s. 456.44, F.S.;
 2638         defining the term “acute pain”; requiring the
 2639         applicable boards to adopt rules establishing certain
 2640         guidelines for prescribing controlled substances for
 2641         acute pain; providing that failure of a practitioner
 2642         to follow specified guidelines is grounds for
 2643         disciplinary action; limiting opioid drug
 2644         prescriptions for the treatment of acute pain to a
 2645         specified period under certain circumstances;
 2646         authorizing prescriptions for such opioids for an
 2647         extended period if specified requirements are met;
 2648         amending ss. 458.3265 and 459.0137, F.S.; requiring
 2649         certain pain management clinic owners to register
 2650         approved exemptions with the department; requiring
 2651         certain clinics to obtain certificates of exemption;
 2652         providing requirements for such certificates;
 2653         requiring the department to adopt rules necessary to
 2654         administer such exemptions; amending ss. 465.0155 and
 2655         465.0276, F.S.; providing requirements for pharmacists
 2656         and practitioners for the dispensing of controlled
 2657         substances to persons not known to them; defining the
 2658         term “proper identification”; amending s. 627.42392,
 2659         F.S.; prohibiting a health insurer from imposing
 2660         certain requirements or conditions on insureds as a
 2661         prerequisite to receiving medication-assisted
 2662         treatment (MAT) services to treat substance abuse
 2663         disorders; amending s. 893.03, F.S.; conforming the
 2664         state controlled substances schedule to the federal
 2665         controlled substances schedule; amending s. 893.055,
 2666         F.S.; revising and providing definitions; revising
 2667         requirements for the prescription drug monitoring
 2668         program; authorizing rulemaking; requiring the
 2669         department to maintain an electronic system for
 2670         certain purposes which meets specified requirements;
 2671         requiring certain information to be reported to the
 2672         system by a specified time; specifying direct access
 2673         to system information; authorizing the department to
 2674         enter into reciprocal agreements or contracts to share
 2675         prescription drug monitoring information with certain
 2676         entities; providing requirements for such agreements;
 2677         authorizing the department to enter into agreements or
 2678         contracts for secure connections with practitioner
 2679         electronic systems; requiring specified persons to
 2680         consult the system for certain purposes within a
 2681         specified time; providing exceptions to the duty of
 2682         specified persons to consult the system under certain
 2683         circumstances; authorizing the department to issue
 2684         citations to specified entities for failing to meet
 2685         certain requirements; prohibiting the failure to
 2686         report the dispensing of a controlled substance when
 2687         required to do so; providing penalties; authorizing
 2688         the department to enter into agreements or contracts
 2689         for specified purposes; providing for the release of
 2690         information obtained by the system; allowing specified
 2691         persons to have direct access to information for the
 2692         purpose of reviewing the controlled drug prescription
 2693         history of a patient; providing prescriber or
 2694         dispenser immunity from liability for review of
 2695         patient history when acting in good faith; providing
 2696         construction; prohibiting the department from
 2697         specified uses of funds; requiring the department to
 2698         conduct or participate in studies for specified
 2699         purposes; requiring an annual report to be submitted
 2700         to the Governor and Legislature by a specified date;
 2701         providing report requirements; authorizing the
 2702         department to establish a certain direct-support
 2703         organization for specified purposes; defining the term
 2704         “direct-support organization”; requiring a direct
 2705         support organization to operate under written contract
 2706         with the department; providing contract requirements;
 2707         requiring the direct-support organization to obtain
 2708         written approval from the department for specified
 2709         purposes; authorizing the department to adopt certain
 2710         rules relating to resources used by the direct-support
 2711         organization; providing for an independent annual
 2712         financial audit by the direct-support organization;
 2713         providing that copies of such audit be provided to
 2714         specified entities; providing for future repeal of
 2715         provisions relating to the direct-support
 2716         organization; requiring the department to adopt rules
 2717         to implement the system; amending s. 893.0551, F.S.;
 2718         revising provisions concerning the release of
 2719         information held by the prescription drug monitoring
 2720         program; amending ss. 458.331, 459.015, 463.0055,
 2721         782.04, 893.13, 893.135, and 921.0022, F.S.;
 2722         correcting cross-references; conforming provisions to
 2723         changes made by the act; providing appropriations;
 2724         providing effective dates.