SENATE AMENDMENT
    Bill No. CS for CS for SB 1196
    Amendment No. ___   Barcode 252740
                            CHAMBER ACTION
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11  Senator Villalobos moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 30 and 31,
15  
16  insert:  
17         Section 3.  Section 484.013, Florida Statutes, is
18  amended to read:
19         484.013  Violations and penalties.--
20         (1)  It is unlawful for any person:
21         (a)  To intentionally make a false or fraudulent
22  statement, either for herself or himself or for another
23  person, in any application, affidavit, or statement presented
24  to the board or in any proceeding before the board.
25         (b)  To prepare or dispense lenses, spectacles,
26  eyeglasses, contact lenses, or other optical devices when such
27  person is not licensed as an optician in this state.
28         (c)  To prepare or dispense lenses, spectacles,
29  eyeglasses, contact lenses, or other optical devices without
30  first being furnished with a prescription as provided for in
31  s. 484.012.
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    9:55 AM   05/01/01                              s1196c2c-3718h

SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 (2) It is unlawful for any person other than an 2 optician licensed under this part to use the title "optician" 3 or otherwise lead the public to believe that she or he is 4 engaged in the practice of opticianry. 5 (3) It is unlawful for any optician to engage in the 6 diagnosis of the human eyes, attempt to determine the 7 refractive powers of the human eyes, or, in any manner, 8 attempt to prescribe for or treat diseases or ailments of 9 human beings. 10 (4) It is unlawful for any person to open or operate, 11 either alone or with any other person or persons, an optical 12 establishment which does not have the permit required by this 13 part. 14 (5) A Any person who knowingly violates any a 15 provision of this section commits a felony misdemeanor of the 16 third second degree, punishable as provided in s. 775.082, or 17 s. 775.083, or s. 775.084. 18 Section 4. Section 484.015, Florida Statutes, is 19 amended to read: 20 484.015 Authority to inspect.--Duly authorized agents 21 and employees of the department shall have the power to 22 inspect in a lawful manner at all reasonable hours an any 23 establishment of any kind in the state in which lenses, 24 spectacles, eyeglasses, contact lenses, and any other optical 25 devices are prepared or and dispensed, for the purposes of: 26 (1) Determining if any provision of this part, or any 27 rule promulgated under its authority, is being violated; 28 (2) Securing samples or specimens of any lenses, 29 spectacles, eyeglasses, contact lenses, or other optical 30 devices, after paying or offering to pay for such sample or 31 specimen; or 2 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 (3) Securing such other evidence as may be needed for 2 prosecution under this part. 3 Section 5. Paragraph (g) of subsection (3) of section 4 921.0022, Florida Statutes, is amended to read: 5 921.0022 Criminal Punishment Code; offense severity 6 ranking chart.-- 7 (3) OFFENSE SEVERITY RANKING CHART 8 9 Florida Felony 10 Statute Degree Description 11 12 (g) LEVEL 7 13 316.193(3)(c)2. 3rd DUI resulting in serious bodily 14 injury. 15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 16 bodily injury. 17 402.319(2) 2nd Misrepresentation and negligence 18 or intentional act resulting in 19 great bodily harm, permanent 20 disfiguration, permanent 21 disability, or death. 22 409.920(2) 3rd Medicaid provider fraud. 23 456.065(2) 3rd Practicing a health care 24 profession without a license. 25 456.065(2) 2nd Practicing a health care 26 profession without a license 27 which results in serious bodily 28 injury. 29 458.327(1) 3rd Practicing medicine without a 30 license. 31 3 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 459.013(1) 3rd Practicing osteopathic medicine 2 without a license. 3 460.411(1) 3rd Practicing chiropractic medicine 4 without a license. 5 461.012(1) 3rd Practicing podiatric medicine 6 without a license. 7 462.17 3rd Practicing naturopathy without a 8 license. 9 463.015(1) 3rd Practicing optometry without a 10 license. 11 464.016(1) 3rd Practicing nursing without a 12 license. 13 465.015(2) 3rd Practicing pharmacy without a 14 license. 15 466.026(1) 3rd Practicing dentistry or dental 16 hygiene without a license. 17 467.201 3rd Practicing midwifery without a 18 license. 19 468.366 3rd Delivering respiratory care 20 services without a license. 21 483.828(1) 3rd Practicing as clinical laboratory 22 personnel without a license. 23 483.901(9) 3rd Practicing medical physics 24 without a license. 25 484.013 3rd Practicing opticianry without a 26 license. 27 484.053 3rd Dispensing hearing aids without a 28 license. 29 494.0018(2) 1st Conviction of any violation of 30 ss. 494.001-494.0077 in which the 31 total money and property 4 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 unlawfully obtained exceeded 2 $50,000 and there were five or 3 more victims. 4 560.123(8)(b)1. 3rd Failure to report currency or 5 payment instruments exceeding 6 $300 but less than $20,000 by 7 money transmitter. 8 560.125(5)(a) 3rd Money transmitter business by 9 unauthorized person, currency or 10 payment instruments exceeding 11 $300 but less than $20,000. 12 655.50(10)(b)1. 3rd Failure to report financial 13 transactions exceeding $300 but 14 less than $20,000 by financial 15 institution. 16 782.051(3) 2nd Attempted felony murder of a 17 person by a person other than the 18 perpetrator or the perpetrator of 19 an attempted felony. 20 782.07(1) 2nd Killing of a human being by the 21 act, procurement, or culpable 22 negligence of another 23 (manslaughter). 24 782.071 2nd Killing of human being or viable 25 fetus by the operation of a motor 26 vehicle in a reckless manner 27 (vehicular homicide). 28 782.072 2nd Killing of a human being by the 29 operation of a vessel in a 30 reckless manner (vessel 31 homicide). 5 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 784.045(1)(a)1. 2nd Aggravated battery; intentionally 2 causing great bodily harm or 3 disfigurement. 4 784.045(1)(a)2. 2nd Aggravated battery; using deadly 5 weapon. 6 784.045(1)(b) 2nd Aggravated battery; perpetrator 7 aware victim pregnant. 8 784.048(4) 3rd Aggravated stalking; violation of 9 injunction or court order. 10 784.07(2)(d) 1st Aggravated battery on law 11 enforcement officer. 12 784.08(2)(a) 1st Aggravated battery on a person 65 13 years of age or older. 14 784.081(1) 1st Aggravated battery on specified 15 official or employee. 16 784.082(1) 1st Aggravated battery by detained 17 person on visitor or other 18 detainee. 19 784.083(1) 1st Aggravated battery on code 20 inspector. 21 790.07(4) 1st Specified weapons violation 22 subsequent to previous conviction 23 of s. 790.07(1) or (2). 24 790.16(1) 1st Discharge of a machine gun under 25 specified circumstances. 26 790.166(3) 2nd Possessing, selling, using, or 27 attempting to use a hoax weapon 28 of mass destruction. 29 796.03 2nd Procuring any person under 16 30 years for prostitution. 31 6 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 2 victim less than 12 years of age; 3 offender less than 18 years. 4 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 5 victim 12 years of age or older 6 but less than 16 years; offender 7 18 years or older. 8 806.01(2) 2nd Maliciously damage structure by 9 fire or explosive. 10 810.02(3)(a) 2nd Burglary of occupied dwelling; 11 unarmed; no assault or battery. 12 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 13 unarmed; no assault or battery. 14 810.02(3)(d) 2nd Burglary of occupied conveyance; 15 unarmed; no assault or battery. 16 812.014(2)(a) 1st Property stolen, valued at 17 $100,000 or more; property stolen 18 while causing other property 19 damage; 1st degree grand theft. 20 812.019(2) 1st Stolen property; initiates, 21 organizes, plans, etc., the theft 22 of property and traffics in 23 stolen property. 24 812.131(2)(a) 2nd Robbery by sudden snatching. 25 812.133(2)(b) 1st Carjacking; no firearm, deadly 26 weapon, or other weapon. 27 825.102(3)(b) 2nd Neglecting an elderly person or 28 disabled adult causing great 29 bodily harm, disability, or 30 disfigurement. 31 7 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 825.1025(2) 2nd Lewd or lascivious battery upon 2 an elderly person or disabled 3 adult. 4 825.103(2)(b) 2nd Exploiting an elderly person or 5 disabled adult and property is 6 valued at $20,000 or more, but 7 less than $100,000. 8 827.03(3)(b) 2nd Neglect of a child causing great 9 bodily harm, disability, or 10 disfigurement. 11 827.04(3) 3rd Impregnation of a child under 16 12 years of age by person 21 years 13 of age or older. 14 837.05(2) 3rd Giving false information about 15 alleged capital felony to a law 16 enforcement officer. 17 872.06 2nd Abuse of a dead human body. 18 893.13(1)(c)1. 1st Sell, manufacture, or deliver 19 cocaine (or other drug prohibited 20 under s. 893.03(1)(a), (1)(b), 21 (1)(d), (2)(a), (2)(b), or 22 (2)(c)4.) within 1,000 feet of a 23 child care facility or school. 24 893.13(1)(e)1. 1st Sell, manufacture, or deliver 25 cocaine or other drug prohibited 26 under s. 893.03(1)(a), (1)(b), 27 (1)(d), (2)(a), (2)(b), or 28 (2)(c)4., within 1,000 feet of 29 property used for religious 30 services or a specified business 31 site. 8 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 893.13(4)(a) 1st Deliver to minor cocaine (or 2 other s. 893.03(1)(a), (1)(b), 3 (1)(d), (2)(a), (2)(b), or 4 (2)(c)4. drugs). 5 893.135(1)(a)1. 1st Trafficking in cannabis, more 6 than 50 lbs., less than 2,000 7 lbs. 8 893.135 9 (1)(b)1.a. 1st Trafficking in cocaine, more than 10 28 grams, less than 200 grams. 11 893.135 12 (1)(c)1.a. 1st Trafficking in illegal drugs, 13 more than 4 grams, less than 14 14 grams. 15 893.135 16 (1)(d)1. 1st Trafficking in phencyclidine, 17 more than 28 grams, less than 200 18 grams. 19 893.135(1)(e)1. 1st Trafficking in methaqualone, more 20 than 200 grams, less than 5 21 kilograms. 22 893.135(1)(f)1. 1st Trafficking in amphetamine, more 23 than 14 grams, less than 28 24 grams. 25 893.135 26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 27 grams or more, less than 14 28 grams. 29 893.135 30 (1)(h)1.a. 1st Trafficking in 31 gamma-hydroxybutyric acid (GHB), 9 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 1 kilogram or more, less than 5 2 kilograms. 3 893.135 4 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 5 kilogram or more, less then 5 6 kilograms. 7 893.135 8 (1)(j)2.a. 1st Trafficking in Phenethylamines, 9 10 grams or more, less than 200 10 grams. 11 896.101(5)(a) 3rd Money laundering, financial 12 transactions exceeding $300 but 13 less than $20,000. 14 896.104(4)(a)1. 3rd Structuring transactions to evade 15 reporting or registration 16 requirements, financial 17 transactions exceeding $300 but 18 less than $20,000. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 11, after the semicolon, 26 27 insert: 28 amending s. 484.013, F.S.; revising provisions 29 prescribing violations and penalties applicable 30 to the practice of opticianry; amending s. 31 484.015, F.S.; revising inspection authority; 10 9:55 AM 05/01/01 s1196c2c-3718h
SENATE AMENDMENT Bill No. CS for CS for SB 1196 Amendment No. ___ Barcode 252740 1 amending s. 921.0022, F.S., relating to the 2 Criminal Punishment Code; providing an offense 3 severity ranking for the offense of practicing 4 opticianry without a license; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 9:55 AM 05/01/01 s1196c2c-3718h