Senate Bill sb2072
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    By Senator Diaz de la Portilla
    36-1378-04                                          See HB 811
  1                      A bill to be entitled
  2         An act relating to specialty nursing; amending
  3         s. 464.003, F.S.; defining the terms "clinical
  4         nurse specialist practice" and "clinical nurse
  5         specialist"; creating s. 464.0115, F.S.;
  6         providing requirements for certification of
  7         clinical nurse specialist practice; providing
  8         fees; providing the Board of Nursing rulemaking
  9         authority to implement such requirements;
10         creating s. 464.0125, F.S.; requiring advanced
11         registered nurse practitioners to register with
12         the Board of Nursing to prescribe medicinal
13         drugs, including controlled substances;
14         providing requirements for registration and
15         renewal of registration, including continuing
16         education; providing fees; prohibiting
17         prescription of controlled substances for
18         personal use or the use of immediate family
19         members; providing for disciplinary actions;
20         providing rulemaking authority to the board;
21         amending s. 464.015, F.S.; restricting the use
22         of professional titles and abbreviations
23         relating to clinical nurse specialist practice;
24         providing penalties; amending s. 464.016, F.S.;
25         prohibiting clinical nurse specialist practice
26         without an active license or certificate;
27         prohibiting the use of any name or title
28         stating or implying that a person is a clinical
29         nurse specialist unless the person is duly
30         licensed or certified; providing penalties;
31         amending s. 893.02, F.S.; revising the
                                  1
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         definition of "practitioner" under the "Florida
 2         Comprehensive Drug Abuse Prevention and Control
 3         Act" to include certain advanced registered
 4         nurse practitioners; amending ss. 458.348 and
 5         464.012, F.S.; conforming cross references;
 6         reenacting s. 921.0022(3)(g), F.S., relating to
 7         the offense severity ranking chart of the
 8         Criminal Punishment Code, to incorporate the
 9         amendment to s. 464.016, F.S., in a reference
10         thereto; providing an effective date.
11  
12  Be It Enacted by the Legislature of the State of Florida:
13  
14         Section 1.  Section 464.003, Florida Statutes, is
15  amended to read:
16         464.003  Definitions.--As used in this part, the term:
17         (1)  "Department" means the Department of Health.
18         (2)  "Board" means the Board of Nursing.
19         (3)(a)  "Practice of professional nursing" means the
20  performance of those acts requiring substantial specialized
21  knowledge, judgment, and nursing skill based upon applied
22  principles of psychological, biological, physical, and social
23  sciences which shall include, but not be limited to:
24         1.  The observation, assessment, nursing diagnosis,
25  planning, intervention, and evaluation of care; health
26  teaching and counseling of the ill, injured, or infirm; and
27  the promotion of wellness, maintenance of health, and
28  prevention of illness of others.
29         2.  The administration of medications and treatments as
30  prescribed or authorized by a duly licensed practitioner
31  
                                  2
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  authorized by the laws of this state to prescribe such
 2  medications and treatments.
 3         3.  The supervision and teaching of other personnel in
 4  the theory and performance of any of the above acts.
 5         (b)  "Practice of practical nursing" means the
 6  performance of selected acts, including the administration of
 7  treatments and medications, in the care of the ill, injured,
 8  or infirm and the promotion of wellness, maintenance of
 9  health, and prevention of illness of others under the
10  direction of a registered nurse, a licensed physician, a
11  licensed osteopathic physician, a licensed podiatric
12  physician, or a licensed dentist.
13  
14  The professional nurse and the practical nurse shall be
15  responsible and accountable for making decisions that are
16  based upon the individual's educational preparation and
17  experience in nursing.
18         (c)  "Clinical nurse specialist practice" means the
19  delivery and management of expert-level nursing care to
20  individuals or groups, including the ability to:
21         1.  Assess the health status of individuals and
22  families using methods appropriate to the population and area
23  of practice.
24         2.  Diagnose human responses to actual or potential
25  health problems.
26         3.  Plan for health promotion, disease prevention, and
27  therapeutic intervention in collaboration with the patient or
28  client.
29         4.  Implement therapeutic interventions based on the
30  nurse specialist's area of expertise, including, but not
31  
                                  3
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  limited to, direct nursing care, counseling, teaching, and
 2  collaboration with other licensed health care providers.
 3         5.  Coordinate health care as necessary and appropriate
 4  and evaluate with the patient or client the effectiveness of
 5  care.
 6         (d)(c)  "Advanced or specialized nursing practice"
 7  means, in addition to the practice of professional nursing,
 8  the performance of advanced-level nursing acts approved by the
 9  board which, by virtue of postbasic specialized education,
10  training, and experience, are proper to be performed by an
11  advanced registered nurse practitioner. Within the context of
12  advanced or specialized nursing practice, the advanced
13  registered nurse practitioner may perform acts of nursing
14  diagnosis and nursing treatment of alterations of the health
15  status. The advanced registered nurse practitioner may also
16  perform acts of medical diagnosis and treatment, prescription,
17  and operation which are identified and approved by a joint
18  committee composed of three members appointed by the Board of
19  Nursing, two of whom shall be advanced registered nurse
20  practitioners; three members appointed by the Board of
21  Medicine, two of whom shall have had work experience with
22  advanced registered nurse practitioners; and the secretary of
23  the department or the secretary's designee. Each committee
24  member appointed by a board shall be appointed to a term of 4
25  years unless a shorter term is required to establish or
26  maintain staggered terms. The Board of Nursing shall adopt
27  rules authorizing the performance of any such acts approved by
28  the joint committee. Unless otherwise specified by the joint
29  committee, such acts shall be performed under the general
30  supervision of a practitioner licensed under chapter 458,
31  chapter 459, or chapter 466 within the framework of standing
                                  4
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  protocols which identify the medical acts to be performed and
 2  the conditions for their performance. The department may, by
 3  rule, require that a copy of the protocol be filed with the
 4  department along with the notice required by s. 458.348.
 5         (e)(d)  "Nursing diagnosis" means the observation and
 6  evaluation of physical or mental conditions, behaviors, signs
 7  and symptoms of illness, and reactions to treatment and the
 8  determination as to whether such conditions, signs, symptoms,
 9  and reactions represent a deviation from normal.
10         (f)(e)  "Nursing treatment" means the establishment and
11  implementation of a nursing regimen for the care and comfort
12  of individuals, the prevention of illness, and the education,
13  restoration, and maintenance of health.
14         (4)  "Registered nurse" means any person licensed in
15  this state to practice professional nursing.
16         (5)  "Licensed practical nurse" means any person
17  licensed in this state to practice practical nursing.
18         (6)  "Clinical nurse specialist" means any person
19  licensed in this state to practice professional nursing and
20  certified in clinical nurse specialist practice.
21         (7)(6)  "Advanced registered nurse practitioner" means
22  any person licensed in this state to practice professional
23  nursing and certified in advanced or specialized nursing
24  practice.
25         (8)(7)  "Approved program" means a nursing program
26  conducted in a school, college, or university which is
27  approved by the board pursuant to s. 464.019 for the education
28  of nurses.
29         Section 2.  Section 464.0115, Florida Statutes, is
30  created to read:
31  
                                  5
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         464.0115  Certification of clinical nurse
 2  specialists.--
 3         (1)  Any nurse desiring to be certified as a clinical
 4  nurse specialist shall apply to the department and submit
 5  proof that he or she holds a current license to practice
 6  professional nursing, a master's degree in a clinical nursing
 7  specialty, and current certification in a specialty area as a
 8  clinical nurse specialist from a nationally recognized
 9  certifying body as determined by the board.
10         (2)  The board shall certify, and the department shall
11  issue a certificate to, any nurse meeting the qualifications
12  in this section. The board shall establish an application fee
13  not to exceed $25 and a biennial renewal fee not to exceed
14  $10.
15         (3)  The board may adopt rules pursuant to ss.
16  120.536(1) and 120.54 necessary to implement the provisions of
17  this section.
18         Section 3.  Section 464.0125, Florida Statutes, is
19  created to read:
20         464.0125  Registration of advanced registered nurse
21  practitioners to prescribe medicinal drugs.--
22         (1)  Any advanced registered nurse practitioner
23  certified pursuant to s. 464.012 must register with the board
24  in accordance with this section to prescribe medicinal drugs.
25         (2)  To register to prescribe medicinal drugs that are
26  not controlled substances, an advanced registered nurse
27  practitioner must:
28         (a)  Possess an active and unrestricted license and
29  advanced registered nurse practitioner certification.
30         (b)1.  Possess an active and current certification by
31  an appropriate specialty board; or
                                  6
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         2.  Submit documentation to the board demonstrating
 2  that the advanced registered nurse practitioner has been
 3  prescribing medicinal drugs for a period of at least 12 months
 4  prior to registration as a prescribing practitioner.
 5         (c)1.  Submit documentation to the board demonstrating
 6  that the advanced registered nurse practitioner has completed
 7  at least 16 contact hours of approved continuing education in
 8  pharmacology during the past 2 years, in addition to the
 9  continuing education required for licensure renewal; or
10         2.  Submit documentation to the board demonstrating
11  that the advanced registered nurse practitioner has been
12  prescribing medicinal drugs for a period of at least 12 months
13  prior to registration as a prescribing practitioner.
14         (d)  Submit a copy of the protocol between the advanced
15  registered nurse practitioner and supervising physician which
16  complies with board rules, identifies the categories of
17  medicinal drugs that the advanced registered nurse
18  practitioner is authorized to prescribe, and requires as an
19  element of general supervision that the advanced registered
20  nurse practitioner meet with the supervising physician at
21  least once every 3 months to review and discuss patient care,
22  prescribed treatments and medications, and care outcomes. The
23  board may by rule establish minimum requirements for this
24  meeting. The protocol must be filed with the initial
25  application for registration under this section, with the
26  application for renewal of license, and at any time there is a
27  change in the protocol or any party to the protocol. For
28  purposes of this section, the supervising physician must have
29  a current and unrestricted license to practice medicine
30  pursuant to chapter 458 or osteopathic medicine pursuant to
31  chapter 459, a primary practice location in this state, and a
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  current and unrestricted federal Drug Enforcement
 2  Administration registration number.
 3         (e)  Agree to maintain adequate medical records
 4  pursuant to board rule that include evidence of a patient
 5  history and physical examination and at a minimum the
 6  following information about each prescription for a medicinal
 7  drug:
 8         1.  Drug name and strength.
 9         2.  Dose.
10         3.  Amount prescribed.
11         4.  Directions for use.
12         5.  Number of refills.
13         6.  The signature of the prescribing practitioner.
14         (f)  Submit a completed registration form and remit a
15  fee set by the board not to exceed $75.
16         (3)  To register to prescribe controlled substances, an
17  advanced registered nurse practitioner must comply with all
18  requirements for registration to prescribe medicinal drugs
19  that are not controlled substances under subsection (2) and
20  must:
21         (a)  Possess a valid mid-level practitioner
22  registration issued by the federal Drug Enforcement
23  Administration and 12 months' experience in prescribing
24  medicinal drugs.
25         (b)  Submit documentation to the board demonstrating
26  that the advanced registered nurse practitioner has completed
27  an approved course in legal and clinical aspects of
28  prescribing controlled substances of not less than 3 contact
29  hours.
30         (c)  Identify, as part of the protocol between the
31  advanced registered nurse practitioner and supervising
                                  8
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  physician, the schedules of controlled substances that the
 2  advanced registered nurse practitioner is authorized to
 3  prescribe.
 4         (d)  Complete at least 2 contact hours of approved
 5  continuing education in the prescribing of controlled
 6  substances during each 2-year licensure period, in addition to
 7  the continuing education required for licensure renewal. This
 8  continuing education may be part of the 16 hours of continuing
 9  education required pursuant to subsection (4).
10         (4)  To register or renew registration to prescribe
11  medicinal drugs, an advanced registered nurse practitioner
12  must complete at least 16 contact hours of approved continuing
13  education in pharmacology during each 2-year licensure period,
14  in addition to the continuing education required for licensure
15  renewal.
16         (5)  The board shall provide by rule for biennial
17  renewal of registration and a renewal fee not to exceed $25.
18         (6)  Advanced registered nurse practitioners who are
19  certified as certified registered nurse anesthetists pursuant
20  to s. 464.012 are not required to register under this section
21  to provide anesthesia care in accordance with s.
22  464.012(4)(a).
23         (7)  An advanced registered nurse practitioner who
24  registers to prescribe controlled substances may not prescribe
25  controlled substances for personal use or use by any member of
26  the advanced registered nurse practitioner's immediate family.
27         (8)  The board may limit, suspend, or revoke an
28  advanced registered nurse practitioner's registration to
29  prescribe under this section in accordance with the provisions
30  of s. 456.073.
31  
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         (9)  The board may adopt rules pursuant to ss.
 2  120.536(1) and 120.54 to implement the provisions of this
 3  section.
 4         Section 4.  Section 464.015, Florida Statutes, is
 5  amended to read:
 6         464.015  Titles and abbreviations; restrictions;
 7  penalty.--
 8         (1)  Only persons who hold licenses to practice
 9  professional nursing in this state or who are performing
10  nursing services pursuant to the exception set forth in s.
11  464.022(8) shall have the right to use the title "Registered
12  Nurse" and the abbreviation "R.N."
13         (2)  Only persons who hold licenses to practice as
14  licensed practical nurses in this state or who are performing
15  practical nursing services pursuant to the exception set forth
16  in s. 464.022(8) shall have the right to use the title
17  "Licensed Practical Nurse" and the abbreviation "L.P.N."
18         (3)  Only persons who are graduates of approved
19  programs or the equivalent may use the term "Graduate Nurse"
20  and the abbreviation "G.N.," pending the results of the first
21  licensure examination for which they are eligible.
22         (4)  Only persons who are graduates of approved
23  programs or the equivalent may use the term "Graduate
24  Practical Nurse" and the abbreviation "G.P.N.," pending the
25  results of the first licensure examination for which they are
26  eligible.
27         (5)  Only persons who hold valid certificates to
28  practice as clinical nurse specialists in this state shall
29  have the right to use the title "Clinical Nurse Specialist"
30  and the abbreviation "C.N.S."
31  
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         (6)(5)  Only persons who hold valid certificates to
 2  practice as advanced registered nurse practitioners in this
 3  state shall have the right to use the title "Advanced
 4  Registered Nurse Practitioner" and the abbreviation "A.R.N.P."
 5         (7)(6)  No person shall practice or advertise as, or
 6  assume the title of, registered nurse, licensed practical
 7  nurse, clinical nurse specialist, or advanced registered nurse
 8  practitioner or use the abbreviation "R.N.," "L.P.N.,"
 9  "C.N.S.," or "A.R.N.P." or take any other action that would
10  lead the public to believe that person was certified as such
11  or is performing nursing services pursuant to the exception
12  set forth in s. 464.022(8), unless that person is licensed or
13  certified to practice as such.
14         (8)(7)  A violation of this section is a misdemeanor of
15  the first degree, punishable as provided in s. 775.082 or s.
16  775.083.
17         Section 5.  Section 464.016, Florida Statutes, is
18  amended to read:
19         464.016  Violations and penalties.--
20         (1)  Each of the following acts constitutes a felony of
21  the third degree, punishable as provided in s. 775.082, s.
22  775.083, or s. 775.084:
23         (a)  Practicing advanced or specialized, clinical
24  specialty, professional, or practical nursing, as defined in
25  this part, unless holding an active license or certificate to
26  do so.
27         (b)  Using or attempting to use a license or
28  certificate which has been suspended or revoked.
29         (c)  Knowingly employing unlicensed persons in the
30  practice of nursing.
31  
                                  11
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         (d)  Obtaining or attempting to obtain a license or
 2  certificate under this part by misleading statements or
 3  knowing misrepresentation.
 4         (2)  Each of the following acts constitutes a
 5  misdemeanor of the first degree, punishable as provided in s.
 6  775.082 or s. 775.083:
 7         (a)  Using the name or title "Nurse," "Registered
 8  Nurse," "Licensed Practical Nurse," "Clinical Nurse
 9  Specialist," "Advanced Registered Nurse Practitioner," or any
10  other name or title which implies that a person was licensed
11  or certified as same, unless such person is duly licensed or
12  certified.
13         (b)  Knowingly concealing information relating to
14  violations of this part.
15         Section 6.  Subsection (19) of section 893.02, Florida
16  Statutes, is amended to read:
17         893.02  Definitions.--The following words and phrases
18  as used in this chapter shall have the following meanings,
19  unless the context otherwise requires:
20         (19)  "Practitioner" means a physician licensed
21  pursuant to chapter 458, a dentist licensed pursuant to
22  chapter 466, a veterinarian licensed pursuant to chapter 474,
23  an osteopathic physician licensed pursuant to chapter 459, a
24  naturopath licensed pursuant to chapter 462, or a podiatric
25  physician licensed pursuant to chapter 461, provided such
26  practitioner holds a valid federal controlled substance
27  registry number. "Practitioner" includes an advanced
28  registered nurse practitioner certified pursuant to s. 464.012
29  who holds a valid mid-level practitioner controlled substance
30  registry number and is registered to prescribe controlled
31  substances pursuant to s. 464.0125.
                                  12
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         Section 7.  Paragraph (a) of subsection (1) and
 2  subsection (2) of section 458.348, Florida Statutes, are
 3  amended to read:
 4         458.348  Formal supervisory relationships, standing
 5  orders, and established protocols; notice; standards.--
 6         (1)  NOTICE.--
 7         (a)  When a physician enters into a formal supervisory
 8  relationship or standing orders with an emergency medical
 9  technician or paramedic licensed pursuant to s. 401.27, which
10  relationship or orders contemplate the performance of medical
11  acts, or when a physician enters into an established protocol
12  with an advanced registered nurse practitioner, which protocol
13  contemplates the performance of medical acts identified and
14  approved by the joint committee pursuant to s.
15  464.003(3)(d)(c) or acts set forth in s. 464.012(3) and (4),
16  the physician shall submit notice to the board. The notice
17  shall contain a statement in substantially the following form:
18  
19         I, ...  (name and professional license number of
20  physician)  ..., of ...  (address of physician)  ... have
21  hereby entered into a formal supervisory relationship,
22  standing orders, or an established protocol with ...  (number
23  of persons)  ... emergency medical technician(s), ...  (number
24  of persons)  ... paramedic(s), or ...  (number of
25  persons)  ... advanced registered nurse practitioner(s).
26  
27         (2)  ESTABLISHMENT OF STANDARDS BY JOINT
28  COMMITTEE.--The joint committee created by s. 464.003(3)(d)(c)
29  shall determine minimum standards for the content of
30  established protocols pursuant to which an advanced registered
31  nurse practitioner may perform medical acts identified and
                                  13
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  approved by the joint committee pursuant to s.
 2  464.003(3)(d)(c) or acts set forth in s. 464.012(3) and (4)
 3  and shall determine minimum standards for supervision of such
 4  acts by the physician, unless the joint committee determines
 5  that any act set forth in s. 464.012(3) or (4) is not a
 6  medical act. Such standards shall be based on risk to the
 7  patient and acceptable standards of medical care and shall
 8  take into account the special problems of medically
 9  underserved areas. The standards developed by the joint
10  committee shall be adopted as rules by the Board of Nursing
11  and the Board of Medicine for purposes of carrying out their
12  responsibilities pursuant to part I of chapter 464 and this
13  chapter, respectively, but neither board shall have
14  disciplinary powers over the licensees of the other board.
15         Section 8.  Paragraph (c) of subsection (3) of section
16  464.012, Florida Statutes, is amended to read:
17         464.012  Certification of advanced registered nurse
18  practitioners; fees.--
19         (3)  An advanced registered nurse practitioner shall
20  perform those functions authorized in this section within the
21  framework of an established protocol. A practitioner currently
22  licensed under chapter 458, chapter 459, or chapter 466 shall
23  maintain supervision for directing the specific course of
24  medical treatment. Within the established framework, an
25  advanced registered nurse practitioner may:
26         (c)  Perform additional functions as may be determined
27  by rule in accordance with s. 464.003(3)(d)(c).
28         Section 9.  For the purpose of incorporating the
29  amendment to section 464.016, Florida Statutes, in a
30  references thereto, paragraph (g) of subsection (3) of section
31  921.0022, Florida Statutes, is reenacted to read:
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1         921.0022  Criminal Punishment Code; offense severity
 2  ranking chart.--
 3         (3)  OFFENSE SEVERITY RANKING CHART
 4  
 5  Florida           Felony
 6  Statute           Degree             Description
 7  
 8                     
 9                              (g)  LEVEL 7
10  316.027(1)(b)      2nd      Accident involving death, failure
11                              to stop; leaving scene.
12  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
13                              injury.
14  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
15                              bodily injury.
16  402.319(2)         2nd      Misrepresentation and negligence
17                              or intentional act resulting in
18                              great bodily harm, permanent
19                              disfiguration, permanent
20                              disability, or death.
21  409.920(2)         3rd      Medicaid provider fraud.
22  456.065(2)         3rd      Practicing a health care
23                              profession without a license.
24  456.065(2)         2nd      Practicing a health care
25                              profession without a license
26                              which results in serious bodily
27                              injury.
28  458.327(1)         3rd      Practicing medicine without a
29                              license.
30  459.013(1)         3rd      Practicing osteopathic medicine
31                              without a license.
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  460.411(1)         3rd      Practicing chiropractic medicine
 2                              without a license.
 3  461.012(1)         3rd      Practicing podiatric medicine
 4                              without a license.
 5  462.17             3rd      Practicing naturopathy without a
 6                              license.
 7  463.015(1)         3rd      Practicing optometry without a
 8                              license.
 9  464.016(1)         3rd      Practicing nursing without a
10                              license.
11  465.015(2)         3rd      Practicing pharmacy without a
12                              license.
13  466.026(1)         3rd      Practicing dentistry or dental
14                              hygiene without a license.
15  467.201            3rd      Practicing midwifery without a
16                              license.
17  468.366            3rd      Delivering respiratory care
18                              services without a license.
19  483.828(1)         3rd      Practicing as clinical laboratory
20                              personnel without a license.
21  483.901(9)         3rd      Practicing medical physics
22                              without a license.
23  484.013(1)(c)      3rd      Preparing or dispensing optical
24                              devices without a prescription.
25  484.053            3rd      Dispensing hearing aids without a
26                              license.
27  
28  
29  
30  
31  
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    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  494.0018(2)        1st      Conviction of any violation of
 2                              ss. 494.001-494.0077 in which the
 3                              total money and property
 4                              unlawfully obtained exceeded
 5                              $50,000 and there were five or
 6                              more victims.
 7  560.123(8)(b)1.    3rd      Failure to report currency or
 8                              payment instruments exceeding
 9                              $300 but less than $20,000 by
10                              money transmitter.
11  560.125(5)(a)      3rd      Money transmitter business by
12                              unauthorized person, currency or
13                              payment instruments exceeding
14                              $300 but less than $20,000.
15  655.50(10)(b)1.    3rd      Failure to report financial
16                              transactions exceeding $300 but
17                              less than $20,000 by financial
18                              institution.
19  782.051(3)         2nd      Attempted felony murder of a
20                              person by a person other than the
21                              perpetrator or the perpetrator of
22                              an attempted felony.
23  782.07(1)          2nd      Killing of a human being by the
24                              act, procurement, or culpable
25                              negligence of another
26                              (manslaughter).
27  782.071            2nd      Killing of human being or viable
28                              fetus by the operation of a motor
29                              vehicle in a reckless manner
30                              (vehicular homicide).
31  
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  782.072            2nd      Killing of a human being by the
 2                              operation of a vessel in a
 3                              reckless manner (vessel
 4                              homicide).
 5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
 6                              causing great bodily harm or
 7                              disfigurement.
 8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
 9                              weapon.
10  784.045(1)(b)      2nd      Aggravated battery; perpetrator
11                              aware victim pregnant.
12  784.048(4)         3rd      Aggravated stalking; violation of
13                              injunction or court order.
14  784.07(2)(d)       1st      Aggravated battery on law
15                              enforcement officer.
16  784.074(1)(a)      1st      Aggravated battery on sexually
17                              violent predators facility staff.
18  784.08(2)(a)       1st      Aggravated battery on a person 65
19                              years of age or older.
20  784.081(1)         1st      Aggravated battery on specified
21                              official or employee.
22  784.082(1)         1st      Aggravated battery by detained
23                              person on visitor or other
24                              detainee.
25  784.083(1)         1st      Aggravated battery on code
26                              inspector.
27  790.07(4)          1st      Specified weapons violation
28                              subsequent to previous conviction
29                              of s. 790.07(1) or (2).
30  790.16(1)          1st      Discharge of a machine gun under
31                              specified circumstances.
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  790.165(2)         2nd      Manufacture, sell, possess, or
 2                              deliver hoax bomb.
 3  790.165(3)         2nd      Possessing, displaying, or
 4                              threatening to use any hoax bomb
 5                              while committing or attempting to
 6                              commit a felony.
 7  790.166(3)         2nd      Possessing, selling, using, or
 8                              attempting to use a hoax weapon
 9                              of mass destruction.
10  790.166(4)         2nd      Possessing, displaying, or
11                              threatening to use a hoax weapon
12                              of mass destruction while
13                              committing or attempting to
14                              commit a felony.
15  796.03             2nd      Procuring any person under 16
16                              years for prostitution.
17  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;
18                              victim less than 12 years of age;
19                              offender less than 18 years.
20  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;
21                              victim 12 years of age or older
22                              but less than 16 years; offender
23                              18 years or older.
24  806.01(2)          2nd      Maliciously damage structure by
25                              fire or explosive.
26  810.02(3)(a)       2nd      Burglary of occupied dwelling;
27                              unarmed; no assault or battery.
28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
29                              unarmed; no assault or battery.
30  810.02(3)(d)       2nd      Burglary of occupied conveyance;
31                              unarmed; no assault or battery.
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  812.014(2)(a)      1st      Property stolen, valued at
 2                              $100,000 or more; cargo stolen
 3                              valued at $50,000 or more;
 4                              property stolen while causing
 5                              other property damage; 1st degree
 6                              grand theft.
 7  812.014(2)(b)3.    2nd      Property stolen, emergency
 8                              medical equipment; 2nd degree
 9                              grand theft.
10  812.0145(2)(a)     1st      Theft from person 65 years of age
11                              or older; $50,000 or more.
12  812.019(2)         1st      Stolen property; initiates,
13                              organizes, plans, etc., the theft
14                              of property and traffics in
15                              stolen property.
16  812.131(2)(a)      2nd      Robbery by sudden snatching.
17  812.133(2)(b)      1st      Carjacking; no firearm, deadly
18                              weapon, or other weapon.
19  817.234(8)(a)      2nd      Solicitation of motor vehicle
20                              accident victims with intent to
21                              defraud.
22  817.234(9)         2nd      Organizing, planning, or
23                              participating in an intentional
24                              motor vehicle collision.
25  817.234(11)(c)     1st      Insurance fraud; property value
26                              $100,000 or more.
27  
28  
29  
30  
31  
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  817.2341(2)(b)&  (3)(b)1st      Making false entries of material
 2                              fact or false statements
 3                              regarding property values
 4                              relating to the solvency of an
 5                              insuring entity which are a
 6                              significant cause of the
 7                              insolvency of that entity.
 8  825.102(3)(b)      2nd      Neglecting an elderly person or
 9                              disabled adult causing great
10                              bodily harm, disability, or
11                              disfigurement.
12  825.103(2)(b)      2nd      Exploiting an elderly person or
13                              disabled adult and property is
14                              valued at $20,000 or more, but
15                              less than $100,000.
16  827.03(3)(b)       2nd      Neglect of a child causing great
17                              bodily harm, disability, or
18                              disfigurement.
19  827.04(3)          3rd      Impregnation of a child under 16
20                              years of age by person 21 years
21                              of age or older.
22  837.05(2)          3rd      Giving false information about
23                              alleged capital felony to a law
24                              enforcement officer.
25  838.015            2nd      Bribery.
26  838.016            2nd      Unlawful compensation or reward
27                              for official behavior.
28  838.021(3)(a)      2nd      Unlawful harm to a public
29                              servant.
30  838.22             2nd      Bid tampering.
31  872.06             2nd      Abuse of a dead human body.
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver
 2                              cocaine (or other drug prohibited
 3                              under s. 893.03(1)(a), (1)(b),
 4                              (1)(d), (2)(a), (2)(b), or
 5                              (2)(c)4.) within 1,000 feet of a
 6                              child care facility, school, or
 7                              state, county, or municipal park
 8                              or publicly owned recreational
 9                              facility or community center.
10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver
11                              cocaine or other drug prohibited
12                              under s. 893.03(1)(a), (1)(b),
13                              (1)(d), (2)(a), (2)(b), or
14                              (2)(c)4., within 1,000 feet of
15                              property used for religious
16                              services or a specified business
17                              site.
18  893.13(4)(a)       1st      Deliver to minor cocaine (or
19                              other s. 893.03(1)(a), (1)(b),
20                              (1)(d), (2)(a), (2)(b), or
21                              (2)(c)4. drugs).
22  893.135(1)(a)1.    1st      Trafficking in cannabis, more
23                              than 25 lbs., less than 2,000
24                              lbs.
25  893.135  (1)(b)1.a.1st      Trafficking in cocaine, more than
26                              28 grams, less than 200 grams.
27  893.135  (1)(c)1.a.1st      Trafficking in illegal drugs,
28                              more than 4 grams, less than 14
29                              grams.
30  
31  
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2072
    36-1378-04                                          See HB 811
 1  893.135  (1)(d)1.  1st      Trafficking in phencyclidine,
 2                              more than 28 grams, less than 200
 3                              grams.
 4  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
 5                              than 200 grams, less than 5
 6                              kilograms.
 7  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
 8                              than 14 grams, less than 28
 9                              grams.
10  893.135  (1)(g)1.a.1st      Trafficking in flunitrazepam, 4
11                              grams or more, less than 14
12                              grams.
13  893.135  (1)(h)1.a.1st      Trafficking in
14                              gamma-hydroxybutyric acid (GHB),
15                              1 kilogram or more, less than 5
16                              kilograms.
17  893.135  (1)(j)1.a.1st      Trafficking in 1,4-Butanediol, 1
18                              kilogram or more, less than 5
19                              kilograms.
20  893.135  (1)(k)2.a.1st      Trafficking in Phenethylamines,
21                              10 grams or more, less than 200
22                              grams.
23  896.101(5)(a)      3rd      Money laundering, financial
24                              transactions exceeding $300 but
25                              less than $20,000.
26  896.104(4)(a)1.    3rd      Structuring transactions to evade
27                              reporting or registration
28                              requirements, financial
29                              transactions exceeding $300 but
30                              less than $20,000.
31         Section 10.  This act shall take effect July 1, 2004.
                                  23
CODING: Words stricken are deletions; words underlined are additions.