Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 8
Ì194134ÊÎ194134
LEGISLATIVE ACTION
Senate . House
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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:
81 456.0301 Requirement 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 893.055 Prescription 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.