Florida Senate - 2018                                CS for SB 8
       
       
        
       By the Committee on Health Policy; and Senators Benacquisto,
       Perry, Stargel, Bean, and Passidomo
       
       
       
       
       588-02151C-18                                            20188c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         409.967, F.S.; prohibiting managed care plans and
    4         their fiscal agents or intermediaries from imposing
    5         certain requirements or conditions on recipients as a
    6         prerequisite to receiving medication-assisted
    7         treatment (MAT) services to treat substance abuse
    8         disorders; creating s. 456.0301, F.S.; authorizing
    9         certain boards to require practitioners to complete a
   10         specified board-approved continuing education course
   11         to obtain authorization to prescribe controlled
   12         substances as part of biennial license renewal;
   13         providing exceptions; providing course requirements;
   14         prohibiting the Department of Health from renewing a
   15         license of a prescriber under specified circumstances;
   16         requiring a licensee to submit confirmation of course
   17         completion; providing for each licensing board
   18         requiring such continuing education course to include
   19         hours of completion with the total hours of continuing
   20         education required in certain circumstances;
   21         authorizing rulemaking; amending s. 456.072, F.S.;
   22         authorizing disciplinary action against practitioners
   23         for violating specified provisions relating to
   24         controlled substances; amending s. 456.44, F.S.;
   25         defining the term “acute pain”; requiring the
   26         applicable boards to adopt rules establishing certain
   27         guidelines for prescribing controlled substances for
   28         acute pain; providing that failure of a practitioner
   29         to follow specified guidelines is grounds for
   30         disciplinary action; limiting opioid drug
   31         prescriptions for the treatment of acute pain to a
   32         specified period under certain circumstances;
   33         authorizing prescriptions for such opioids for an
   34         extended period if specified requirements are met;
   35         amending ss. 458.3265 and 459.0137, F.S.; requiring
   36         certain pain management clinic owners to register
   37         approved exemptions with the department; requiring
   38         certain clinics to obtain certificates of exemption;
   39         providing requirements for such certificates;
   40         requiring the department to adopt rules necessary to
   41         administer such exemptions; amending s. 465.0155,
   42         F.S.; providing requirements for pharmacists for the
   43         dispensing of controlled substances to persons not
   44         known to them; defining the term “proper
   45         identification”; amending s. 465.0276, F.S.;
   46         prohibiting the dispensing of certain controlled
   47         substances in an amount that exceeds a 3-day supply or
   48         a medically necessary 7-day supply if certain criteria
   49         are met; providing an exception for the dispensing of
   50         certain controlled substances by a practitioner to the
   51         practitioner’s own patients for the medication
   52         assisted treatment of opiate addiction; providing
   53         requirements for practitioners for the dispensing of
   54         controlled substances to persons not known to them;
   55         defining the term “proper identification”; amending s.
   56         627.42392, F.S.; prohibiting a health insurer from
   57         imposing certain requirements or conditions on
   58         insureds as a prerequisite to receiving medication
   59         assisted treatment (MAT) services to treat substance
   60         abuse disorders; amending s. 893.03, F.S.; conforming
   61         the state controlled substances schedule to the
   62         federal controlled substances schedule; amending s.
   63         893.055, F.S.; revising and providing definitions;
   64         revising requirements for the prescription drug
   65         monitoring program; authorizing rulemaking; requiring
   66         the department to maintain an electronic system for
   67         certain purposes which meets specified requirements;
   68         requiring certain information to be reported to the
   69         system by a specified time; specifying direct access
   70         to system information; authorizing the department to
   71         enter into reciprocal agreements or contracts to share
   72         prescription drug monitoring information with certain
   73         entities; providing requirements for such agreements;
   74         authorizing the department to enter into agreements or
   75         contracts for secure connections with practitioner
   76         electronic systems; requiring specified persons to
   77         consult the system for certain purposes within a
   78         specified time; providing exceptions to the duty of
   79         specified persons to consult the system under certain
   80         circumstances; authorizing the department to issue
   81         citations to specified entities for failing to meet
   82         certain requirements; prohibiting the failure to
   83         report the dispensing of a controlled substance when
   84         required to do so; providing penalties; authorizing
   85         the department to enter into agreements or contracts
   86         for specified purposes; providing for the release of
   87         information obtained by the system; allowing specified
   88         persons to have direct access to information for the
   89         purpose of reviewing the controlled drug prescription
   90         history of a patient; providing prescriber or
   91         dispenser immunity from liability for review of
   92         patient history when acting in good faith; providing
   93         construction; prohibiting the department from
   94         specified uses of funds; requiring the department to
   95         conduct or participate in studies for specified
   96         purposes; requiring an annual report to be submitted
   97         to the Governor and Legislature by a specified date;
   98         providing report requirements; authorizing the
   99         department to establish a certain direct-support
  100         organization for specified purposes; defining the term
  101         “direct-support organization”; requiring a direct
  102         support organization to operate under written contract
  103         with the department; providing contract requirements;
  104         requiring the direct-support organization to obtain
  105         written approval from the department for specified
  106         purposes; authorizing the department to adopt certain
  107         rules relating to resources used by the direct-support
  108         organization; providing for an independent annual
  109         financial audit by the direct-support organization;
  110         providing that copies of such audit be provided to
  111         specified entities; providing for future repeal of
  112         provisions relating to the direct-support
  113         organization; requiring the department to adopt rules
  114         to implement the system; amending s. 893.0551, F.S.;
  115         revising provisions concerning the release of
  116         information held by the prescription drug monitoring
  117         program; amending ss. 458.331, 459.015, 463.0055,
  118         782.04, 893.13, 893.135, and 921.0022, F.S.;
  119         correcting cross-references; conforming provisions to
  120         changes made by the act; providing appropriations;
  121         providing effective dates.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Paragraph (c) of subsection (2) of section
  126  409.967, Florida Statutes, is amended to read:
  127         409.967 Managed care plan accountability.—
  128         (2) The agency shall establish such contract requirements
  129  as are necessary for the operation of the statewide managed care
  130  program. In addition to any other provisions the agency may deem
  131  necessary, the contract must require:
  132         (c) Access.—
  133         1. The agency shall establish specific standards for the
  134  number, type, and regional distribution of providers in managed
  135  care plan networks to ensure access to care for both adults and
  136  children. Each plan must maintain a regionwide network of
  137  providers in sufficient numbers to meet the access standards for
  138  specific medical services for all recipients enrolled in the
  139  plan. The exclusive use of mail-order pharmacies may not be
  140  sufficient to meet network access standards. Consistent with the
  141  standards established by the agency, provider networks may
  142  include providers located outside the region. A plan may
  143  contract with a new hospital facility before the date the
  144  hospital becomes operational if the hospital has commenced
  145  construction, will be licensed and operational by January 1,
  146  2013, and a final order has issued in any civil or
  147  administrative challenge. Each plan shall establish and maintain
  148  an accurate and complete electronic database of contracted
  149  providers, including information about licensure or
  150  registration, locations and hours of operation, specialty
  151  credentials and other certifications, specific performance
  152  indicators, and such other information as the agency deems
  153  necessary. The database must be available online to both the
  154  agency and the public and have the capability to compare the
  155  availability of providers to network adequacy standards and to
  156  accept and display feedback from each provider’s patients. Each
  157  plan shall submit quarterly reports to the agency identifying
  158  the number of enrollees assigned to each primary care provider.
  159         2. Each managed care plan must publish any prescribed drug
  160  formulary or preferred drug list on the plan’s website in a
  161  manner that is accessible to and searchable by enrollees and
  162  providers. The plan must update the list within 24 hours after
  163  making a change. Each plan must ensure that the prior
  164  authorization process for prescribed drugs is readily accessible
  165  to health care providers, including posting appropriate contact
  166  information on its website and providing timely responses to
  167  providers. For Medicaid recipients diagnosed with hemophilia who
  168  have been prescribed anti-hemophilic-factor replacement
  169  products, the agency shall provide for those products and
  170  hemophilia overlay services through the agency’s hemophilia
  171  disease management program.
  172         3. Managed care plans, and their fiscal agents or
  173  intermediaries, must accept prior authorization requests for any
  174  service electronically.
  175         4. Managed care plans, and their fiscal agents and
  176  intermediaries, may not implement, manage, or require a prior
  177  authorization process or step therapy procedures and may not
  178  impose any other conditions on recipients as a prerequisite to
  179  receiving medication-assisted treatment (MAT) services, as
  180  defined in s. 397.311, to treat substance abuse disorders.
  181         5. Managed care plans serving children in the care and
  182  custody of the Department of Children and Families must maintain
  183  complete medical, dental, and behavioral health encounter
  184  information and participate in making such information available
  185  to the department or the applicable contracted community-based
  186  care lead agency for use in providing comprehensive and
  187  coordinated case management. The agency and the department shall
  188  establish an interagency agreement to provide guidance for the
  189  format, confidentiality, recipient, scope, and method of
  190  information to be made available and the deadlines for
  191  submission of the data. The scope of information available to
  192  the department shall be the data that managed care plans are
  193  required to submit to the agency. The agency shall determine the
  194  plan’s compliance with standards for access to medical, dental,
  195  and behavioral health services; the use of medications; and
  196  followup on all medically necessary services recommended as a
  197  result of early and periodic screening, diagnosis, and
  198  treatment.
  199         Section 2. Section 456.0301, Florida Statutes, is created
  200  to read:
  201         456.0301Requirement for instruction on controlled
  202  substance prescribing.-
  203         (1)(a)If not already required by the licensee’s practice
  204  act, the appropriate board shall require each person registered
  205  with the United States Drug Enforcement Administration and
  206  authorized to prescribe controlled substances pursuant to 21
  207  U.S.C. s. 822 to complete a board-approved 2-hour continuing
  208  education course on prescribing controlled substances as part of
  209  biennial license renewal. The course must include information on
  210  the current standards for prescribing controlled substances,
  211  particularly opiates; alternatives to these standards; and
  212  information on the risks of opioid addiction following all
  213  stages of treatment in the management of acute pain. The course
  214  may be offered in a distance learning format and must be
  215  included within the number of continuing education hours
  216  required by law. The department may not renew the license of any
  217  prescriber registered with the United States Drug Enforcement
  218  Administration to prescribe controlled substances who has failed
  219  to complete the course. When required by this paragraph, the
  220  course must be completed by January 31, 2019, and at each
  221  subsequent renewal.
  222         (b)Each such licensee shall submit confirmation of having
  223  completed such course when applying for biennial license
  224  renewal.
  225         (2)Each board may adopt rules to administer this section.
  226         Section 3. Paragraph (gg) of subsection (1) of section
  227  456.072, Florida Statutes, is amended to read:
  228         456.072 Grounds for discipline; penalties; enforcement.—
  229         (1) The following acts shall constitute grounds for which
  230  the disciplinary actions specified in subsection (2) may be
  231  taken:
  232         (gg) Engaging in a pattern of practice when prescribing
  233  medicinal drugs or controlled substances which demonstrates a
  234  lack of reasonable skill or safety to patients, a violation of
  235  any provision of this chapter or ss. 893.055 and 893.0551, a
  236  violation of the applicable practice act, or a violation of any
  237  rules adopted under this chapter or the applicable practice act
  238  of the prescribing practitioner. Notwithstanding s. 456.073(13),
  239  the department may initiate an investigation and establish such
  240  a pattern from billing records, data, or any other information
  241  obtained by the department.
  242         Section 4. Paragraphs (a) through (g) of subsection (1) of
  243  section 456.44, Florida Statutes, are redesignated as paragraphs
  244  (b) through (h), respectively, a new paragraph (a) is added to
  245  that subsection, subsection (3) is amended, and subsections (4)
  246  and (5) are added to that section, to read:
  247         456.44 Controlled substance prescribing.—
  248         (1) DEFINITIONS.—As used in this section, the term:
  249         (a)“Acute pain” means the normal, predicted,
  250  physiological, and time-limited response to an adverse chemical,
  251  thermal, or mechanical stimulus associated with surgery, trauma,
  252  or acute illness.
  253         (3) STANDARDS OF PRACTICE FOR TREATMENT OF CHRONIC
  254  NONMALIGNANT PAIN.—The standards of practice in this section do
  255  not supersede the level of care, skill, and treatment recognized
  256  in general law related to health care licensure.
  257         (a) A complete medical history and a physical examination
  258  must be conducted before beginning any treatment and must be
  259  documented in the medical record. The exact components of the
  260  physical examination shall be left to the judgment of the
  261  registrant who is expected to perform a physical examination
  262  proportionate to the diagnosis that justifies a treatment. The
  263  medical record must, at a minimum, document the nature and
  264  intensity of the pain, current and past treatments for pain,
  265  underlying or coexisting diseases or conditions, the effect of
  266  the pain on physical and psychological function, a review of
  267  previous medical records, previous diagnostic studies, and
  268  history of alcohol and substance abuse. The medical record shall
  269  also document the presence of one or more recognized medical
  270  indications for the use of a controlled substance. Each
  271  registrant must develop a written plan for assessing each
  272  patient’s risk of aberrant drug-related behavior, which may
  273  include patient drug testing. Registrants must assess each
  274  patient’s risk for aberrant drug-related behavior and monitor
  275  that risk on an ongoing basis in accordance with the plan.
  276         (b) Each registrant must develop a written individualized
  277  treatment plan for each patient. The treatment plan shall state
  278  objectives that will be used to determine treatment success,
  279  such as pain relief and improved physical and psychosocial
  280  function, and shall indicate if any further diagnostic
  281  evaluations or other treatments are planned. After treatment
  282  begins, the registrant shall adjust drug therapy to the
  283  individual medical needs of each patient. Other treatment
  284  modalities, including a rehabilitation program, shall be
  285  considered depending on the etiology of the pain and the extent
  286  to which the pain is associated with physical and psychosocial
  287  impairment. The interdisciplinary nature of the treatment plan
  288  shall be documented.
  289         (c) The registrant shall discuss the risks and benefits of
  290  the use of controlled substances, including the risks of abuse
  291  and addiction, as well as physical dependence and its
  292  consequences, with the patient, persons designated by the
  293  patient, or the patient’s surrogate or guardian if the patient
  294  is incompetent. The registrant shall use a written controlled
  295  substance agreement between the registrant and the patient
  296  outlining the patient’s responsibilities, including, but not
  297  limited to:
  298         1. Number and frequency of controlled substance
  299  prescriptions and refills.
  300         2. Patient compliance and reasons for which drug therapy
  301  may be discontinued, such as a violation of the agreement.
  302         3. An agreement that controlled substances for the
  303  treatment of chronic nonmalignant pain shall be prescribed by a
  304  single treating registrant unless otherwise authorized by the
  305  treating registrant and documented in the medical record.
  306         (d) The patient shall be seen by the registrant at regular
  307  intervals, not to exceed 3 months, to assess the efficacy of
  308  treatment, ensure that controlled substance therapy remains
  309  indicated, evaluate the patient’s progress toward treatment
  310  objectives, consider adverse drug effects, and review the
  311  etiology of the pain. Continuation or modification of therapy
  312  shall depend on the registrant’s evaluation of the patient’s
  313  progress. If treatment goals are not being achieved, despite
  314  medication adjustments, the registrant shall reevaluate the
  315  appropriateness of continued treatment. The registrant shall
  316  monitor patient compliance in medication usage, related
  317  treatment plans, controlled substance agreements, and
  318  indications of substance abuse or diversion at a minimum of 3
  319  month intervals.
  320         (e) The registrant shall refer the patient as necessary for
  321  additional evaluation and treatment in order to achieve
  322  treatment objectives. Special attention shall be given to those
  323  patients who are at risk for misusing their medications and
  324  those whose living arrangements pose a risk for medication
  325  misuse or diversion. The management of pain in patients with a
  326  history of substance abuse or with a comorbid psychiatric
  327  disorder requires extra care, monitoring, and documentation and
  328  requires consultation with or referral to an addiction medicine
  329  specialist or a psychiatrist.
  330         (f) A registrant must maintain accurate, current, and
  331  complete records that are accessible and readily available for
  332  review and comply with the requirements of this section, the
  333  applicable practice act, and applicable board rules. The medical
  334  records must include, but are not limited to:
  335         1. The complete medical history and a physical examination,
  336  including history of drug abuse or dependence.
  337         2. Diagnostic, therapeutic, and laboratory results.
  338         3. Evaluations and consultations.
  339         4. Treatment objectives.
  340         5. Discussion of risks and benefits.
  341         6. Treatments.
  342         7. Medications, including date, type, dosage, and quantity
  343  prescribed.
  344         8. Instructions and agreements.
  345         9. Periodic reviews.
  346         10. Results of any drug testing.
  347         11. A photocopy of the patient’s government-issued photo
  348  identification.
  349         12. If a written prescription for a controlled substance is
  350  given to the patient, a duplicate of the prescription.
  351         13. The registrant’s full name presented in a legible
  352  manner.
  353         (g) A registrant shall immediately refer patients with
  354  signs or symptoms of substance abuse to a board-certified pain
  355  management physician, an addiction medicine specialist, or a
  356  mental health addiction facility as it pertains to drug abuse or
  357  addiction unless the registrant is a physician who is board
  358  certified or board-eligible in pain management. Throughout the
  359  period of time before receiving the consultant’s report, a
  360  prescribing registrant shall clearly and completely document
  361  medical justification for continued treatment with controlled
  362  substances and those steps taken to ensure medically appropriate
  363  use of controlled substances by the patient. Upon receipt of the
  364  consultant’s written report, the prescribing registrant shall
  365  incorporate the consultant’s recommendations for continuing,
  366  modifying, or discontinuing controlled substance therapy. The
  367  resulting changes in treatment shall be specifically documented
  368  in the patient’s medical record. Evidence or behavioral
  369  indications of diversion shall be followed by discontinuation of
  370  controlled substance therapy, and the patient shall be
  371  discharged, and all results of testing and actions taken by the
  372  registrant shall be documented in the patient’s medical record.
  373  
  374  This subsection does not apply to a board-eligible or board
  375  certified anesthesiologist, physiatrist, rheumatologist, or
  376  neurologist, or to a board-certified physician who has surgical
  377  privileges at a hospital or ambulatory surgery center and
  378  primarily provides surgical services. This subsection does not
  379  apply to a board-eligible or board-certified medical specialist
  380  who has also completed a fellowship in pain medicine approved by
  381  the Accreditation Council for Graduate Medical Education or the
  382  American Osteopathic Association, or who is board eligible or
  383  board certified in pain medicine by the American Board of Pain
  384  Medicine, the American Board of Interventional Pain Physicians,
  385  the American Association of Physician Specialists, or a board
  386  approved by the American Board of Medical Specialties or the
  387  American Osteopathic Association and performs interventional
  388  pain procedures of the type routinely billed using surgical
  389  codes. This subsection does not apply to a registrant who
  390  prescribes medically necessary controlled substances for a
  391  patient during an inpatient stay in a hospital licensed under
  392  chapter 395.
  393         (4)STANDARDS OF PRACTICE FOR TREATMENT OF ACUTE PAIN.—The
  394  applicable boards shall adopt rules establishing guidelines for
  395  prescribing controlled substances for acute pain, including
  396  evaluation of the patient, creation and maintenance of a
  397  treatment plan, obtaining informed consent and agreement for
  398  treatment, periodic review of the treatment plan, consultation,
  399  medical record review, and compliance with controlled substance
  400  laws and regulations. Failure of a prescriber to follow such
  401  guidelines constitutes grounds for disciplinary action pursuant
  402  to s. 456.072(1)(gg), punishable as provided in s. 456.072(2).
  403         (5)PRESCRIPTION SUPPLY.-
  404         (a)Except as provided in paragraph (b), a prescription for
  405  an opioid drug listed as a Schedule II controlled substance in
  406  s. 893.03 or 21 U.S.C. s. 812, for the treatment of acute pain
  407  may not exceed a 3-day supply.
  408         (b)Up to a 7-day supply of an opioid described in
  409  paragraph (a) may be prescribed if:
  410         1.The practitioner, in his or her professional judgment,
  411  believes that more than a 3-day supply of such an opioid is
  412  medically necessary to treat the patient’s pain as an acute
  413  medical condition.
  414         2.The practitioner indicates “MEDICALLY NECESSARY” on the
  415  prescription.
  416         3.The prescriber adequately documents in the patient’s
  417  medical records the acute medical condition and lack of
  418  alternative treatment options that justify deviation from the 3
  419  day supply limit established in this subsection.
  420         Section 5. Effective January 1, 2019, subsections (2)
  421  through (5) of section 458.3265, Florida Statutes, are
  422  renumbered as subsections (3) through (6), respectively,
  423  paragraphs (a) and (g) of subsection (1), paragraph (a) of
  424  present subsection (2), paragraph (a) of present subsection (3)
  425  and paragraph (a) of present subsection (4) of that section, are
  426  amended, and a new subsection (2) is added to that section, to
  427  read:
  428         458.3265 Pain-management clinics.—
  429         (1) REGISTRATION.—
  430         (a)1. As used in this section, the term:
  431         a. “Board eligible” means successful completion of an
  432  anesthesia, physical medicine and rehabilitation, rheumatology,
  433  or neurology residency program approved by the Accreditation
  434  Council for Graduate Medical Education or the American
  435  Osteopathic Association for a period of 6 years from successful
  436  completion of such residency program.
  437         b. “Chronic nonmalignant pain” means pain unrelated to
  438  cancer which persists beyond the usual course of disease or the
  439  injury that is the cause of the pain or more than 90 days after
  440  surgery.
  441         c. “Pain-management clinic” or “clinic” means any publicly
  442  or privately owned facility:
  443         (I) That advertises in any medium for any type of pain
  444  management services; or
  445         (II) Where in any month a majority of patients are
  446  prescribed opioids, benzodiazepines, barbiturates, or
  447  carisoprodol for the treatment of chronic nonmalignant pain.
  448         2. Each pain-management clinic must register with the
  449  department or hold a valid certificate of exemption pursuant to
  450  subsection (2). unless:
  451         3.The following clinics are exempt from the registration
  452  requirement of paragraphs (c)-(m), and must apply to the
  453  department for a certificate of exemption:
  454         a. A That clinic is licensed as a facility pursuant to
  455  chapter 395;
  456         b. A clinic in which the majority of the physicians who
  457  provide services in the clinic primarily provide surgical
  458  services;
  459         c. A The clinic is owned by a publicly held corporation
  460  whose shares are traded on a national exchange or on the over
  461  the-counter market and whose total assets at the end of the
  462  corporation’s most recent fiscal quarter exceeded $50 million;
  463         d. A The clinic is affiliated with an accredited medical
  464  school at which training is provided for medical students,
  465  residents, or fellows;
  466         e. A The clinic that does not prescribe controlled
  467  substances for the treatment of pain;
  468         f. A The clinic is owned by a corporate entity exempt from
  469  federal taxation under 26 U.S.C. s. 501(c)(3);
  470         g. A The clinic is wholly owned and operated by one or more
  471  board-eligible or board-certified anesthesiologists,
  472  physiatrists, rheumatologists, or neurologists; or
  473         h. A The clinic is wholly owned and operated by a physician
  474  multispecialty practice where one or more board-eligible or
  475  board-certified medical specialists, who have also completed
  476  fellowships in pain medicine approved by the Accreditation
  477  Council for Graduate Medical Education or who are also board
  478  certified in pain medicine by the American Board of Pain
  479  Medicine or a board approved by the American Board of Medical
  480  Specialties, the American Association of Physician Specialists,
  481  or the American Osteopathic Association, perform interventional
  482  pain procedures of the type routinely billed using surgical
  483  codes.
  484         (g) The department may revoke the clinic’s certificate of
  485  registration and prohibit all physicians associated with that
  486  pain-management clinic from practicing at that clinic location
  487  based upon an annual inspection and evaluation of the factors
  488  described in subsection (4)(3).
  489         (2)CERTIFICATE OF EXEMPTION.-
  490         (a)A pain management clinic claiming an exemption from the
  491  registration requirements of subsection (1) must apply for a
  492  certificate of exemption on a form adopted in rule by the
  493  department. The form must require the applicant to provide:
  494         1.The name or names under which the applicant does
  495  business.
  496         2.The address at which the pain management clinic is
  497  located.
  498         3.The specific exemption the applicant is claiming with
  499  supporting documentation.
  500         4.Any other information deemed necessary by the
  501  department.
  502         (b)The department must approve or deny the application
  503  within 30 days after the receipt of a complete application.
  504         (c)The certificate of exemption must be renewed
  505  biennially, except that the department may issue the initial
  506  certificates of exemption for up to 3 years in order to stagger
  507  renewal dates.
  508         (d)A certificateholder must prominently display the
  509  certificate of exemption and make it available to the department
  510  or the board upon request.
  511         (e)A new certificate of exemption is required for a change
  512  of address and is not transferable. A certificate of exemption
  513  is valid only for the applicant, qualifying owners, licenses,
  514  registrations, certifications, and services provided under a
  515  specific statutory exemption and is valid only to the specific
  516  exemption claimed and granted.
  517         (f)A certificateholder must notify the department at least
  518  60 days before any anticipated relocation or name change of the
  519  pain management clinic or a change of ownership.
  520         (g)If a pain management clinic no longer qualifies for a
  521  certificate of exemption, the certificateholder must notify the
  522  department within 3 days after becoming aware that the clinic no
  523  longer qualifies for a certificate of exemption and register as
  524  a pain management clinic under subsection (1) or cease
  525  operations.
  526         (3)(2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  527  apply to any physician who provides professional services in a
  528  pain-management clinic that is required to be registered in
  529  subsection (1).
  530         (a) A physician may not practice medicine in a pain
  531  management clinic, as described in subsection (5)(4), if the
  532  pain-management clinic is not registered with the department as
  533  required by this section. Any physician who qualifies to
  534  practice medicine in a pain-management clinic pursuant to rules
  535  adopted by the Board of Medicine as of July 1, 2012, may
  536  continue to practice medicine in a pain-management clinic as
  537  long as the physician continues to meet the qualifications set
  538  forth in the board rules. A physician who violates this
  539  paragraph is subject to disciplinary action by his or her
  540  appropriate medical regulatory board.
  541         (4)(3) INSPECTION.—
  542         (a) The department shall inspect the pain-management clinic
  543  annually, including a review of the patient records, to ensure
  544  that it complies with this section and the rules of the Board of
  545  Medicine adopted pursuant to subsection (5)(4) unless the clinic
  546  is accredited by a nationally recognized accrediting agency
  547  approved by the Board of Medicine.
  548         (5)(4) RULEMAKING.—
  549         (a) The department shall adopt rules necessary to
  550  administer the registration, exemption, and inspection of pain
  551  management clinics which establish the specific requirements,
  552  procedures, forms, and fees.
  553         Section 6. Effective January 1, 2019, subsections (2)
  554  through (5) of section 459.0137, Florida Statutes, are
  555  renumbered as subsections (3) through (6), respectively,
  556  paragraphs (a) and (g) of subsection (1), paragraph (a) of
  557  present subsection (2), paragraph (a) of present subsection (3)
  558  and paragraph (a) of present subsection (4) of that section, are
  559  amended, and a new subsection (2) is added to that section, to
  560  read:
  561         459.0137 Pain-management clinics.—
  562         (1) REGISTRATION.—
  563         (a)1. As used in this section, the term:
  564         a. “Board eligible” means successful completion of an
  565  anesthesia, physical medicine and rehabilitation, rheumatology,
  566  or neurology residency program approved by the Accreditation
  567  Council for Graduate Medical Education or the American
  568  Osteopathic Association for a period of 6 years from successful
  569  completion of such residency program.
  570         b. “Chronic nonmalignant pain” means pain unrelated to
  571  cancer which persists beyond the usual course of disease or the
  572  injury that is the cause of the pain or more than 90 days after
  573  surgery.
  574         c. “Pain-management clinic” or “clinic” means any publicly
  575  or privately owned facility:
  576         (I) That advertises in any medium for any type of pain
  577  management services; or
  578         (II) Where in any month a majority of patients are
  579  prescribed opioids, benzodiazepines, barbiturates, or
  580  carisoprodol for the treatment of chronic nonmalignant pain.
  581         2. Each pain-management clinic must register with the
  582  department or hold a valid certificate of exemption pursuant to
  583  subsection (2). unless:
  584         3.The following clinics are exempt from the registration
  585  requirement of paragraphs (c)-(m), and must apply to the
  586  department for a certificate of exemption:
  587         a. A That clinic is licensed as a facility pursuant to
  588  chapter 395;
  589         b. A clinic in which the majority of the physicians who
  590  provide services in the clinic primarily provide surgical
  591  services;
  592         c. A The clinic is owned by a publicly held corporation
  593  whose shares are traded on a national exchange or on the over
  594  the-counter market and whose total assets at the end of the
  595  corporation’s most recent fiscal quarter exceeded $50 million;
  596         d. A The clinic is affiliated with an accredited medical
  597  school at which training is provided for medical students,
  598  residents, or fellows;
  599         e. A The clinic that does not prescribe controlled
  600  substances for the treatment of pain;
  601         f. A The clinic is owned by a corporate entity exempt from
  602  federal taxation under 26 U.S.C. s. 501(c)(3);
  603         g. A The clinic is wholly owned and operated by one or more
  604  board-eligible or board-certified anesthesiologists,
  605  physiatrists, rheumatologists, or neurologists; or
  606         h. A The clinic is wholly owned and operated by a physician
  607  multispecialty practice where one or more board-eligible or
  608  board-certified medical specialists, who have also completed
  609  fellowships in pain medicine approved by the Accreditation
  610  Council for Graduate Medical Education or the American
  611  Osteopathic Association or who are also board-certified in pain
  612  medicine by the American Board of Pain Medicine or a board
  613  approved by the American Board of Medical Specialties, the
  614  American Association of Physician Specialists, or the American
  615  Osteopathic Association, perform interventional pain procedures
  616  of the type routinely billed using surgical codes.
  617         (g) The department may revoke the clinic’s certificate of
  618  registration and prohibit all physicians associated with that
  619  pain-management clinic from practicing at that clinic location
  620  based upon an annual inspection and evaluation of the factors
  621  described in subsection (4)(3).
  622         (2)CERTIFICATE OF EXEMPTION.-
  623         (a)A pain management clinic claiming an exemption from the
  624  registration requirements of subsection (1) must apply for a
  625  certificate of exemption on a form adopted in rule by the
  626  department. The form shall require the applicant to provide:
  627         1.The name or names under which the applicant does
  628  business.
  629         2.The address at which the pain management clinic is
  630  located.
  631         3.The specific exemption the applicant is claiming with
  632  supporting documentation.
  633         4.Any other information deemed necessary by the
  634  department.
  635         (b)Within 30 days after the receipt of a complete
  636  application, the department must approve or deny the
  637  application.
  638         (c)The certificate of exemption must be renewed
  639  biennially, except that the department may issue the initial
  640  certificates of exemption for up to 3 years in order to stagger
  641  renewal dates.
  642         (d)A certificateholder must prominently display the
  643  certificate of exemption and make it available to the department
  644  or the board upon request.
  645         (e)A new certificate of exemption is required for a change
  646  of address and is not transferable. A certificate of exemption
  647  is valid only for the applicant, qualifying owners, licenses,
  648  registrations, certifications, and services provided under a
  649  specific statutory exemption and is valid only to the specific
  650  exemption claimed and granted.
  651         (f)A certificateholder must notify the department at least
  652  60 days before any anticipated relocation or name change of the
  653  pain management clinic or a change of ownership.
  654         (g)If a pain management clinic no longer qualifies for a
  655  certificate of exemption, the certificateholder must notify the
  656  department within 3 days after becoming aware that the clinic no
  657  longer qualifies for a certificate of exemption and register as
  658  a pain management clinic under subsection (1) or cease
  659  operations.
  660         (3)(2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  661  apply to any osteopathic physician who provides professional
  662  services in a pain-management clinic that is required to be
  663  registered in subsection (1).
  664         (a) An osteopathic physician may not practice medicine in a
  665  pain-management clinic, as described in subsection (5)(4), if
  666  the pain-management clinic is not registered with the department
  667  as required by this section. Any physician who qualifies to
  668  practice medicine in a pain-management clinic pursuant to rules
  669  adopted by the Board of Osteopathic Medicine as of July 1, 2012,
  670  may continue to practice medicine in a pain-management clinic as
  671  long as the physician continues to meet the qualifications set
  672  forth in the board rules. An osteopathic physician who violates
  673  this paragraph is subject to disciplinary action by his or her
  674  appropriate medical regulatory board.
  675         (4)(3) INSPECTION.—
  676         (a) The department shall inspect the pain-management clinic
  677  annually, including a review of the patient records, to ensure
  678  that it complies with this section and the rules of the Board of
  679  Osteopathic Medicine adopted pursuant to subsection (5)(4)
  680  unless the clinic is accredited by a nationally recognized
  681  accrediting agency approved by the Board of Osteopathic
  682  Medicine.
  683         (5)(4) RULEMAKING.—
  684         (a) The department shall adopt rules necessary to
  685  administer the registration, exemption, and inspection of pain
  686  management clinics which establish the specific requirements,
  687  procedures, forms, and fees.
  688         Section 7. Section 465.0155, Florida Statutes, is amended
  689  to read:
  690         465.0155 Standards of practice.—
  691         (1) Consistent with the provisions of this act, the board
  692  shall adopt by rule standards of practice relating to the
  693  practice of pharmacy which shall be binding on every state
  694  agency and shall be applied by such agencies when enforcing or
  695  implementing any authority granted by any applicable statute,
  696  rule, or regulation, whether federal or state.
  697         (2)(a)Before dispensing a controlled substance to a person
  698  not known to the pharmacist, the pharmacist must require the
  699  person purchasing, receiving, or otherwise acquiring the
  700  controlled substance to present valid photographic
  701  identification or other verification of his or her identity. If
  702  the person does not have proper identification, the pharmacist
  703  may verify the validity of the prescription and the identity of
  704  the patient with the prescriber or his or her authorized agent.
  705  Verification of health plan eligibility through a real-time
  706  inquiry or adjudication system is considered to be proper
  707  identification.
  708         (b)This subsection does not apply in an institutional
  709  setting or to a long-term care facility, including, but not
  710  limited to, an assisted living facility or a hospital to which
  711  patients are admitted.
  712         (c)As used in this subsection, the term “proper
  713  identification” means an identification that is issued by a
  714  state or the Federal Government containing the person’s
  715  photograph, printed name, and signature or a document considered
  716  acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
  717         Section 8. Paragraph (b) of subsection (1) of section
  718  465.0276, Florida Statutes, is amended, and paragraph (d) is
  719  added to subsection (2) of that section, to read:
  720         465.0276 Dispensing practitioner.—
  721         (1)
  722         (b) A practitioner registered under this section may not
  723  dispense a controlled substance listed in Schedule II or
  724  Schedule III as provided in s. 893.03. This paragraph does not
  725  apply to:
  726         1. The dispensing of complimentary packages of medicinal
  727  drugs which are labeled as a drug sample or complimentary drug
  728  as defined in s. 499.028 to the practitioner’s own patients in
  729  the regular course of her or his practice without the payment of
  730  a fee or remuneration of any kind, whether direct or indirect,
  731  as provided in subsection (4).
  732         2. The dispensing of controlled substances in the health
  733  care system of the Department of Corrections.
  734         3. The dispensing of a controlled substance listed in
  735  Schedule II or Schedule III in connection with the performance
  736  of a surgical procedure.
  737         a.For a controlled substance listed in Schedule II, the
  738  amount dispensed pursuant to this subparagraph may not exceed a
  739  3-day supply unless the criteria in s. 456.44(5)(b) are met, in
  740  which case the amount dispensed may not exceed a 7-day supply.
  741         b.For a controlled substance listed in Schedule III, the
  742  amount dispensed pursuant to this the subparagraph may not
  743  exceed a 14-day supply.
  744         c.The exception in this subparagraph exception does not
  745  allow for the dispensing of a controlled substance listed in
  746  Schedule II or Schedule III more than 14 days after the
  747  performance of the surgical procedure.
  748         d. For purposes of this subparagraph, the term “surgical
  749  procedure” means any procedure in any setting which involves, or
  750  reasonably should involve:
  751         (I)a. Perioperative medication and sedation that allows the
  752  patient to tolerate unpleasant procedures while maintaining
  753  adequate cardiorespiratory function and the ability to respond
  754  purposefully to verbal or tactile stimulation and makes intra-
  755  and postoperative monitoring necessary; or
  756         (II)b. The use of general anesthesia or major conduction
  757  anesthesia and preoperative sedation.
  758         4. The dispensing of a controlled substance listed in
  759  Schedule II or Schedule III pursuant to an approved clinical
  760  trial. For purposes of this subparagraph, the term “approved
  761  clinical trial” means a clinical research study or clinical
  762  investigation that, in whole or in part, is state or federally
  763  funded or is conducted under an investigational new drug
  764  application that is reviewed by the United States Food and Drug
  765  Administration.
  766         5. The dispensing of methadone in a facility licensed under
  767  s. 397.427 where medication-assisted treatment for opiate
  768  addiction is provided.
  769         6. The dispensing of a controlled substance listed in
  770  Schedule II or Schedule III to a patient of a facility licensed
  771  under part IV of chapter 400.
  772         7. The dispensing of controlled substances listed in
  773  Schedule II or Schedule III which have been approved by the
  774  United States Food and Drug Administration for the purpose of
  775  treating opiate addiction including, but not limited to,
  776  buprenorphine and buprenorphine combination products, by a
  777  practitioner authorized under 21 U.S.C. 823, as amended, to the
  778  practitioner’s own patients for the medication-assisted
  779  treatment of opiate addiction.
  780         (2) A practitioner who dispenses medicinal drugs for human
  781  consumption for fee or remuneration of any kind, whether direct
  782  or indirect, must:
  783         (d)1.Before dispensing a controlled substance to a person
  784  not known to the dispenser, require the person purchasing,
  785  receiving, or otherwise acquiring the controlled substance to
  786  present valid photographic identification or other verification
  787  of his or her identity. If the person does not have proper
  788  identification, the dispenser may verify the validity of the
  789  prescription and the identity of the patient with the prescriber
  790  or his or her authorized agent. Verification of health plan
  791  eligibility through a real-time inquiry or adjudication system
  792  is considered to be proper identification.
  793         2.This paragraph does not apply in an institutional
  794  setting or to a long-term care facility, including, but not
  795  limited to, an assisted living facility or a hospital to which
  796  patients are admitted.
  797         3.As used in this paragraph, the term “proper
  798  identification” means an identification that is issued by a
  799  state or the Federal Government containing the person’s
  800  photograph, printed name, and signature or a document considered
  801  acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
  802         Section 9. Subsection (5) is added to section 627.42392,
  803  Florida Statutes, to read:
  804         627.42392 Prior authorization.—
  805         (5) A health insurer may not require a prior authorization
  806  process or step therapy procedure or impose any other conditions
  807  on insureds as a prerequisite to receiving medication-assisted
  808  treatment (MAT) services, as defined in s. 397.311, to treat
  809  substance abuse disorders.
  810         Section 10. Subsections (2), (3), (4), and (5) of section
  811  893.03, Florida Statutes, are amended to read:
  812         893.03 Standards and schedules.—The substances enumerated
  813  in this section are controlled by this chapter. The controlled
  814  substances listed or to be listed in Schedules I, II, III, IV,
  815  and V are included by whatever official, common, usual,
  816  chemical, trade name, or class designated. The provisions of
  817  this section shall not be construed to include within any of the
  818  schedules contained in this section any excluded drugs listed
  819  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  820  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  821  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  822  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  823  Anabolic Steroid Products.”
  824         (2) SCHEDULE II.—A substance in Schedule II has a high
  825  potential for abuse and has a currently accepted but severely
  826  restricted medical use in treatment in the United States, and
  827  abuse of the substance may lead to severe psychological or
  828  physical dependence. The following substances are controlled in
  829  Schedule II:
  830         (a) Unless specifically excepted or unless listed in
  831  another schedule, any of the following substances, whether
  832  produced directly or indirectly by extraction from substances of
  833  vegetable origin or independently by means of chemical
  834  synthesis:
  835         1. Opium and any salt, compound, derivative, or preparation
  836  of opium, except nalmefene or isoquinoline alkaloids of opium,
  837  including, but not limited to the following:
  838         a. Raw opium.
  839         b. Opium extracts.
  840         c. Opium fluid extracts.
  841         d. Powdered opium.
  842         e. Granulated opium.
  843         f. Tincture of opium.
  844         g. Codeine.
  845         h.Dihydroetorphine.
  846         i.h. Ethylmorphine.
  847         j.i. Etorphine hydrochloride.
  848         k.j. Hydrocodone and hydrocodone combination products.
  849         l.k. Hydromorphone.
  850         m.l. Levo-alphacetylmethadol (also known as levo-alpha
  851  acetylmethadol, levomethadyl acetate, or LAAM).
  852         n.m. Metopon (methyldihydromorphinone).
  853         o.n. Morphine.
  854         p.Oripavine.
  855         q.o. Oxycodone.
  856         r.p. Oxymorphone.
  857         s.q. Thebaine.
  858         2. Any salt, compound, derivative, or preparation of a
  859  substance which is chemically equivalent to or identical with
  860  any of the substances referred to in subparagraph 1., except
  861  that these substances shall not include the isoquinoline
  862  alkaloids of opium.
  863         3. Any part of the plant of the species Papaver somniferum,
  864  L.
  865         4. Cocaine or ecgonine, including any of their
  866  stereoisomers, and any salt, compound, derivative, or
  867  preparation of cocaine or ecgonine, except that these substances
  868  shall not include ioflupane I 123.
  869         (b) Unless specifically excepted or unless listed in
  870  another schedule, any of the following substances, including
  871  their isomers, esters, ethers, salts, and salts of isomers,
  872  esters, and ethers, whenever the existence of such isomers,
  873  esters, ethers, and salts is possible within the specific
  874  chemical designation:
  875         1. Alfentanil.
  876         2. Alphaprodine.
  877         3. Anileridine.
  878         4. Bezitramide.
  879         5. Bulk propoxyphene (nondosage forms).
  880         6. Carfentanil.
  881         7. Dihydrocodeine.
  882         8. Diphenoxylate.
  883         9. Fentanyl.
  884         10. Isomethadone.
  885         11. Levomethorphan.
  886         12. Levorphanol.
  887         13. Metazocine.
  888         14. Methadone.
  889         15. Methadone-Intermediate,4-cyano-2-
  890  dimethylamino-4,4-diphenylbutane.
  891         16. Moramide-Intermediate,2-methyl-
  892  3-morpholoino-1,1-diphenylpropane-carboxylic acid.
  893         17. Nabilone.
  894         18. Pethidine (meperidine).
  895         19. Pethidine-Intermediate-A,4-cyano-1-
  896  methyl-4-phenylpiperidine.
  897         20. Pethidine-Intermediate-B,ethyl-4-
  898  phenylpiperidine-4-carboxylate.
  899         21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine
  900  4-carboxylic acid.
  901         22. Phenazocine.
  902         23. Phencyclidine.
  903         24. 1-Phenylcyclohexylamine.
  904         25. Piminodine.
  905         26. 1-Piperidinocyclohexanecarbonitrile.
  906         27. Racemethorphan.
  907         28. Racemorphan.
  908         29.Remifentanil.
  909         30.29. Sufentanil.
  910         31.Tapentadol.
  911         32.Thiafentanil.
  912         (c) Unless specifically excepted or unless listed in
  913  another schedule, any material, compound, mixture, or
  914  preparation which contains any quantity of the following
  915  substances, including their salts, isomers, optical isomers,
  916  salts of their isomers, and salts of their optical isomers:
  917         1. Amobarbital.
  918         2. Amphetamine.
  919         3. Glutethimide.
  920         4.Lisdexamfetamine.
  921         5.4. Methamphetamine.
  922         6.5. Methylphenidate.
  923         7.6. Pentobarbital.
  924         8.7. Phenmetrazine.
  925         9.8. Phenylacetone.
  926         10.9. Secobarbital.
  927         (d)Dronabinol (synthetic THC) in oral solution in a drug
  928  product approved by the United States Food and Drug
  929  Administration.
  930         (3) SCHEDULE III.—A substance in Schedule III has a
  931  potential for abuse less than the substances contained in
  932  Schedules I and II and has a currently accepted medical use in
  933  treatment in the United States, and abuse of the substance may
  934  lead to moderate or low physical dependence or high
  935  psychological dependence or, in the case of anabolic steroids,
  936  may lead to physical damage. The following substances are
  937  controlled in Schedule III:
  938         (a) Unless specifically excepted or unless listed in
  939  another schedule, any material, compound, mixture, or
  940  preparation which contains any quantity of the following
  941  substances having a depressant or stimulant effect on the
  942  nervous system:
  943         1. Any substance which contains any quantity of a
  944  derivative of barbituric acid, including thiobarbituric acid, or
  945  any salt of a derivative of barbituric acid or thiobarbituric
  946  acid, including, but not limited to, butabarbital and
  947  butalbital.
  948         2. Benzphetamine.
  949         3.Buprenorphine.
  950         4.3. Chlorhexadol.
  951         5.4. Chlorphentermine.
  952         6.5. Clortermine.
  953         7.Embutramide.
  954         8.6. Lysergic acid.
  955         9.7. Lysergic acid amide.
  956         10.8. Methyprylon.
  957         11.Perampanel.
  958         12.9. Phendimetrazine.
  959         13.10. Sulfondiethylmethane.
  960         14.11. Sulfonethylmethane.
  961         15.12. Sulfonmethane.
  962         16.13. Tiletamine and zolazepam or any salt thereof.
  963         (b) Nalorphine.
  964         (c) Unless specifically excepted or unless listed in
  965  another schedule, any material, compound, mixture, or
  966  preparation containing limited quantities of any of the
  967  following controlled substances or any salts thereof:
  968         1. Not more than 1.8 grams of codeine per 100 milliliters
  969  or not more than 90 milligrams per dosage unit, with an equal or
  970  greater quantity of an isoquinoline alkaloid of opium.
  971         2. Not more than 1.8 grams of codeine per 100 milliliters
  972  or not more than 90 milligrams per dosage unit, with recognized
  973  therapeutic amounts of one or more active ingredients which are
  974  not controlled substances.
  975         3. Not more than 300 milligrams of hydrocodone per 100
  976  milliliters or not more than 15 milligrams per dosage unit, with
  977  a fourfold or greater quantity of an isoquinoline alkaloid of
  978  opium.
  979         4. Not more than 300 milligrams of hydrocodone per 100
  980  milliliters or not more than 15 milligrams per dosage unit, with
  981  recognized therapeutic amounts of one or more active ingredients
  982  that are not controlled substances.
  983         5. Not more than 1.8 grams of dihydrocodeine per 100
  984  milliliters or not more than 90 milligrams per dosage unit, with
  985  recognized therapeutic amounts of one or more active ingredients
  986  which are not controlled substances.
  987         6. Not more than 300 milligrams of ethylmorphine per 100
  988  milliliters or not more than 15 milligrams per dosage unit, with
  989  one or more active, nonnarcotic ingredients in recognized
  990  therapeutic amounts.
  991         7. Not more than 50 milligrams of morphine per 100
  992  milliliters or per 100 grams, with recognized therapeutic
  993  amounts of one or more active ingredients which are not
  994  controlled substances.
  995  
  996  For purposes of charging a person with a violation of s. 893.135
  997  involving any controlled substance described in subparagraph 3.
  998  or subparagraph 4., the controlled substance is a Schedule III
  999  controlled substance pursuant to this paragraph but the weight
 1000  of the controlled substance per milliliters or per dosage unit
 1001  is not relevant to the charging of a violation of s. 893.135.
 1002  The weight of the controlled substance shall be determined
 1003  pursuant to s. 893.135(6).
 1004         (d) Anabolic steroids.
 1005         1. The term “anabolic steroid” means any drug or hormonal
 1006  substance, chemically and pharmacologically related to
 1007  testosterone, other than estrogens, progestins, and
 1008  corticosteroids, that promotes muscle growth and includes:
 1009         a. Androsterone.
 1010         b. Androsterone acetate.
 1011         c. Boldenone.
 1012         d. Boldenone acetate.
 1013         e. Boldenone benzoate.
 1014         f. Boldenone undecylenate.
 1015         g. Chlorotestosterone (Clostebol).
 1016         h. Dehydrochlormethyltestosterone.
 1017         i. Dihydrotestosterone (Stanolone).
 1018         j. Drostanolone.
 1019         k. Ethylestrenol.
 1020         l. Fluoxymesterone.
 1021         m. Formebulone (Formebolone).
 1022         n. Mesterolone.
 1023         o. Methandrostenolone (Methandienone).
 1024         p. Methandranone.
 1025         q. Methandriol.
 1026         r. Methenolone.
 1027         s. Methyltestosterone.
 1028         t. Mibolerone.
 1029         u. Nortestosterone (Nandrolone).
 1030         v. Norethandrolone.
 1031         w. Nortestosterone decanoate.
 1032         x. Nortestosterone phenylpropionate.
 1033         y. Nortestosterone propionate.
 1034         z. Oxandrolone.
 1035         aa. Oxymesterone.
 1036         bb. Oxymetholone.
 1037         cc. Stanozolol.
 1038         dd. Testolactone.
 1039         ee. Testosterone.
 1040         ff. Testosterone acetate.
 1041         gg. Testosterone benzoate.
 1042         hh. Testosterone cypionate.
 1043         ii. Testosterone decanoate.
 1044         jj. Testosterone enanthate.
 1045         kk. Testosterone isocaproate.
 1046         ll. Testosterone oleate.
 1047         mm. Testosterone phenylpropionate.
 1048         nn. Testosterone propionate.
 1049         oo. Testosterone undecanoate.
 1050         pp. Trenbolone.
 1051         qq. Trenbolone acetate.
 1052         rr. Any salt, ester, or isomer of a drug or substance
 1053  described or listed in this subparagraph if that salt, ester, or
 1054  isomer promotes muscle growth.
 1055         2. The term does not include an anabolic steroid that is
 1056  expressly intended for administration through implants to cattle
 1057  or other nonhuman species and that has been approved by the
 1058  United States Secretary of Health and Human Services for such
 1059  administration. However, any person who prescribes, dispenses,
 1060  or distributes such a steroid for human use is considered to
 1061  have prescribed, dispensed, or distributed an anabolic steroid
 1062  within the meaning of this paragraph.
 1063         (e) Ketamine, including any isomers, esters, ethers, salts,
 1064  and salts of isomers, esters, and ethers, whenever the existence
 1065  of such isomers, esters, ethers, and salts is possible within
 1066  the specific chemical designation.
 1067         (f) Dronabinol (synthetic THC) in sesame oil and
 1068  encapsulated in a soft gelatin capsule in a drug product
 1069  approved by the United States Food and Drug Administration.
 1070         (g) Any drug product containing gamma-hydroxybutyric acid,
 1071  including its salts, isomers, and salts of isomers, for which an
 1072  application is approved under s. 505 of the Federal Food, Drug,
 1073  and Cosmetic Act.
 1074         (4)(a) SCHEDULE IV.—A substance in Schedule IV has a low
 1075  potential for abuse relative to the substances in Schedule III
 1076  and has a currently accepted medical use in treatment in the
 1077  United States, and abuse of the substance may lead to limited
 1078  physical or psychological dependence relative to the substances
 1079  in Schedule III.
 1080         (b) Unless specifically excepted or unless listed in
 1081  another schedule, any material, compound, mixture, or
 1082  preparation which contains any quantity of the following
 1083  substances, including its salts, isomers, and salts of isomers
 1084  whenever the existence of such salts, isomers, and salts of
 1085  isomers is possible within the specific chemical designation,
 1086  are controlled in Schedule IV:
 1087         1.Alfaxalone.
 1088         2.(a) Alprazolam.
 1089         3.(b) Barbital.
 1090         4.(c) Bromazepam.
 1091         5.(iii) Butorphanol tartrate.
 1092         6.(d) Camazepam.
 1093         7.(jjj) Carisoprodol.
 1094         8.(e) Cathine.
 1095         9.(f) Chloral betaine.
 1096         10.(g) Chloral hydrate.
 1097         11.(h) Chlordiazepoxide.
 1098         12.(i) Clobazam.
 1099         13.(j) Clonazepam.
 1100         14.(k) Clorazepate.
 1101         15.(l) Clotiazepam.
 1102         16.(m) Cloxazolam.
 1103         17.Dexfenfluramine.
 1104         18.(n) Delorazepam.
 1105         19.Dichloralphenazone.
 1106         20.(p) Diazepam.
 1107         21.(q) Diethylpropion.
 1108         22.Eluxadoline.
 1109         23.(r) Estazolam.
 1110         24.Eszopiclone.
 1111         25.(s) Ethchlorvynol.
 1112         26.(t) Ethinamate.
 1113         27.(u) Ethyl loflazepate.
 1114         28.(v) Fencamfamin.
 1115         29.(w) Fenfluramine.
 1116         30.(x) Fenproporex.
 1117         31.(y) Fludiazepam.
 1118         32.(z) Flurazepam.
 1119         33.Fospropofol.
 1120         34.(aa) Halazepam.
 1121         35.(bb) Haloxazolam.
 1122         36.(cc) Ketazolam.
 1123         37.(dd) Loprazolam.
 1124         38.(ee) Lorazepam.
 1125         39.Lorcaserin.
 1126         40.(ff) Lormetazepam.
 1127         41.(gg) Mazindol.
 1128         42.(hh) Mebutamate.
 1129         43.(ii) Medazepam.
 1130         44.(jj) Mefenorex.
 1131         45.(kk) Meprobamate.
 1132         46.(ll) Methohexital.
 1133         47.(mm) Methylphenobarbital.
 1134         48.(nn) Midazolam.
 1135         49.Modafinil.
 1136         50.(oo) Nimetazepam.
 1137         51.(pp) Nitrazepam.
 1138         52.(qq) Nordiazepam.
 1139         53.(rr) Oxazepam.
 1140         54.(ss) Oxazolam.
 1141         55.(tt) Paraldehyde.
 1142         56.(uu) Pemoline.
 1143         57.(vv) Pentazocine.
 1144         58.Petrichloral.
 1145         59.(ww) Phenobarbital.
 1146         60.(xx) Phentermine.
 1147         61.(yy) Pinazepam.
 1148         62.(zz) Pipradrol.
 1149         63.(aaa) Prazepam.
 1150         64.(o) Propoxyphene (dosage forms).
 1151         65.(bbb) Propylhexedrine, excluding any patent or
 1152  proprietary preparation containing propylhexedrine, unless
 1153  otherwise provided by federal law.
 1154         66.(ccc) Quazepam.
 1155         67.Sibutramine.
 1156         68.(eee) SPA[(-)-1 dimethylamino-1, 2
 1157  diphenylethane].
 1158         69.Suvorexant.
 1159         70.(fff) Temazepam.
 1160         71.(ddd) Tetrazepam.
 1161         72.Tramadol.
 1162         73.(ggg) Triazolam.
 1163         74.Zaleplon.
 1164         75.Zolpidem.
 1165         76.Zopiclone.
 1166         77.(hhh) Not more than 1 milligram of difenoxin and not
 1167  less than 25 micrograms of atropine sulfate per dosage unit.
 1168         (5) SCHEDULE V.—A substance, compound, mixture, or
 1169  preparation of a substance in Schedule V has a low potential for
 1170  abuse relative to the substances in Schedule IV and has a
 1171  currently accepted medical use in treatment in the United
 1172  States, and abuse of such compound, mixture, or preparation may
 1173  lead to limited physical or psychological dependence relative to
 1174  the substances in Schedule IV.
 1175         (a) Substances controlled in Schedule V include any
 1176  compound, mixture, or preparation containing any of the
 1177  following limited quantities of controlled substances, which
 1178  must shall include one or more active medicinal ingredients that
 1179  which are not controlled substances in sufficient proportion to
 1180  confer upon the compound, mixture, or preparation valuable
 1181  medicinal qualities other than those possessed by the controlled
 1182  substance alone:
 1183         1. Not more than 200 milligrams of codeine per 100
 1184  milliliters or per 100 grams.
 1185         2. Not more than 100 milligrams of dihydrocodeine per 100
 1186  milliliters or per 100 grams.
 1187         3. Not more than 100 milligrams of ethylmorphine per 100
 1188  milliliters or per 100 grams.
 1189         4. Not more than 2.5 milligrams of diphenoxylate and not
 1190  less than 25 micrograms of atropine sulfate per dosage unit.
 1191         5. Not more than 100 milligrams of opium per 100
 1192  milliliters or per 100 grams.
 1193         6.Not more than 0.5 milligrams of difenoxin and not less
 1194  than 25 micrograms of atropine sulfate per dosage unit.
 1195         (b) Unless a specific exception exists or unless listed in
 1196  another schedule, any material, compound, mixture, or
 1197  preparation that contains any quantity of the following
 1198  substances is controlled in Schedule V:
 1199         1. Brivaracetam.
 1200         2.Ezogabine.
 1201         3.Lacosamide.
 1202         4.Pregabalin Narcotic drugs. Unless specifically excepted
 1203  or unless listed in another schedule, any material, compound,
 1204  mixture, or preparation containing any of the following narcotic
 1205  drugs and their salts: Buprenorphine.
 1206         (c) Stimulants. Unless specifically excepted or unless
 1207  listed in another schedule, any material, compound, mixture, or
 1208  preparation which contains any quantity of the following
 1209  substances having a stimulant effect on the central nervous
 1210  system, including its salts, isomers, and salts of isomers:
 1211  Pyrovalerone.
 1212         Section 11. Section 893.055, Florida Statutes, is amended
 1213  to read:
 1214         (Substantial rewording of section. See
 1215         s. 893.055, F.S., for present text.)
 1216         893.055Prescription drug monitoring program.—
 1217         (1)As used in this section, the term:
 1218         (a)“Active investigation” means an investigation that is
 1219  being conducted with a reasonable, good faith belief that it
 1220  could lead to the filing of administrative, civil, or criminal
 1221  proceedings, or that is ongoing and continuing and for which
 1222  there is a reasonable, good faith anticipation of securing an
 1223  arrest or prosecution in the foreseeable future.
 1224         (b)“Administration” means the obtaining and giving of a
 1225  single dose of a controlled substance by a legally authorized
 1226  person to a patient for her or his consumption.
 1227         (c)“Controlled substance” means a controlled substance
 1228  listed in Schedule II, Schedule III, Schedule IV, or Schedule V
 1229  of s. 893.03 or 21 U.S.C. s. 812.
 1230         (d)“Dispense” means the transfer of possession of one or
 1231  more doses of a controlled substance by a dispenser to the
 1232  ultimate consumer or to his or her agent.
 1233         (e)“Dispenser” means a dispensing health care
 1234  practitioner, pharmacy, or pharmacist licensed to dispense
 1235  controlled substances in or into this state.
 1236         (f)“Health care practitioner” or “practitioner” means any
 1237  practitioner licensed under chapter 458, chapter 459, chapter
 1238  461, chapter 463, chapter 464, chapter 465, or chapter 466.
 1239         (g)“Health care regulatory board” has the same meaning as
 1240  s. 456.001(1).
 1241         (h)“Law enforcement agency” means the Department of Law
 1242  Enforcement, a sheriff’s office in this state, a police
 1243  department in this state, or a law enforcement agency of the
 1244  Federal Government which enforces the laws of this state or the
 1245  United States relating to controlled substances and whose agents
 1246  and officers are empowered by law to conduct criminal
 1247  investigations and make arrests.
 1248         (i)“Pharmacy” includes a community pharmacy, an
 1249  institutional pharmacy, a nuclear pharmacy, a special pharmacy,
 1250  or an Internet pharmacy that is licensed by the department under
 1251  chapter 465 and that dispenses or delivers controlled substances
 1252  to an individual or address in this state.
 1253         (j)“Prescriber” means a prescribing physician, prescribing
 1254  practitioner, or other prescribing health care practitioner
 1255  authorized by the laws of this state to order controlled
 1256  substances.
 1257         (k)“Program manager” means an employee of or a person
 1258  contracted by the department who is designated to ensure the
 1259  integrity of the prescription drug monitoring program in
 1260  accordance with the requirements established in this section.
 1261         (2)(a)The department shall maintain an electronic system
 1262  to collect and store controlled substance dispensing information
 1263  and shall release the information as authorized in this section
 1264  and s. 893.0551. The electronic system must:
 1265         1.Not infringe upon the legitimate prescribing or
 1266  dispensing of a controlled substance by a prescriber or
 1267  dispenser acting in good faith and in the course of professional
 1268  practice.
 1269         2.Be consistent with standards of the American Society for
 1270  Automation in Pharmacy.
 1271         3.Comply with the Health Insurance Portability and
 1272  Accountability Act as it pertains to protected health
 1273  information, electronic protected health information, and all
 1274  other relevant state and federal privacy and security laws and
 1275  regulations.
 1276         (b)The department may collaborate with professional health
 1277  care regulatory boards, appropriate organizations, and other
 1278  state agencies to identify indicators of controlled substance
 1279  abuse.
 1280         (3)For each controlled substance dispensed to a patient in
 1281  the state, the following information must be reported by the
 1282  dispenser to the system as soon thereafter as possible but no
 1283  later than the close of the next business day after the day the
 1284  controlled substance is dispensed unless an extension or
 1285  exemption is approved by the department:
 1286         (a)The name of the prescribing practitioner, the
 1287  practitioner’s federal Drug Enforcement Administration
 1288  registration number, the practitioner’s National Provider
 1289  Identification (NPI) or other appropriate identifier, and the
 1290  date of the prescription.
 1291         (b)The date the prescription was filled and the method of
 1292  payment, such as cash by an individual, insurance coverage
 1293  through a third party, or Medicaid payment. This paragraph does
 1294  not authorize the department to include individual credit card
 1295  numbers or other account numbers in the system.
 1296         (c)The full name, address, telephone number, and date of
 1297  birth of the person for whom the prescription was written.
 1298         (d)The name, national drug code, quantity, and strength of
 1299  the controlled substance dispensed.
 1300         (e)The full name, federal Drug Enforcement Administration
 1301  registration number, State of Florida Department of Health
 1302  issued pharmacy permit number, and address of the pharmacy or
 1303  other location from which the controlled substance was
 1304  dispensed. If the controlled substance was dispensed by a
 1305  practitioner other than a pharmacist, the practitioner’s full
 1306  name, address, federal Drug Enforcement Administration
 1307  registration number, State of Florida Department of Health
 1308  issued license number, and National Provider Identification
 1309  (NPI).
 1310         (f)Whether the drug was dispensed as an initial
 1311  prescription or a refill, and the number of refills ordered.
 1312         (g)The name of the individual picking up the controlled
 1313  substance prescription and type and issuer of the identification
 1314  provided.
 1315         (h)Other appropriate identifying information as determined
 1316  by department rule.
 1317  
 1318  All acts of administration of controlled substances are exempt
 1319  from the reporting requirements of this subsection.
 1320         (4)The following must be provided direct access to
 1321  information in the system:
 1322         (a)A prescriber or dispenser or his or her designee.
 1323         (b)An employee of the United States Department of Veterans
 1324  Affairs, United States Department of Defense, or the Indian
 1325  Health Service who provides health care services pursuant to
 1326  such employment and who has the authority to prescribe
 1327  controlled substances shall have access to the information in
 1328  the program’s system upon verification of employment.
 1329         (c)The program manager or designated program and support
 1330  staff may have access to administer the system.
 1331         1.In order to calculate performance measures pursuant to
 1332  subsection (14), the program manager or program and support
 1333  staff members who have been directed by the program manager to
 1334  calculate performance measures may have direct access to
 1335  information that contains no identifying information of any
 1336  patient, physician, health care practitioner, prescriber, or
 1337  dispenser.
 1338         2.The program manager or designated program and support
 1339  staff must provide the department, upon request, data that does
 1340  not contain patient, physician, health care practitioner,
 1341  prescriber, or dispenser identifying information for public
 1342  health care and safety initiatives purposes.
 1343         3.The program manager, upon determining a pattern
 1344  consistent with the department’s rules established under
 1345  subsection (16), may provide relevant information to the
 1346  prescriber and dispenser.
 1347         4.The program manager, upon determining a pattern
 1348  consistent with the rules established under subsection (16) and
 1349  having cause to believe a violation of s. 893.13(7)(a)8.,
 1350  (8)(a), or (8)(b) has occurred, may provide relevant information
 1351  to the applicable law enforcement agency.
 1352  
 1353  The program manager and designated program and support staff
 1354  must complete a level II background screening.
 1355         (5)The following entities may not directly access
 1356  information in the system, but may request information from the
 1357  program manager or designated program and support staff:
 1358         (a)The department and its health care regulatory boards,
 1359  as appropriate, for investigations involving licensees
 1360  authorized to prescribe or dispense controlled substances.
 1361         (b)The Attorney General for Medicaid fraud cases involving
 1362  prescribed controlled substances.
 1363         (c)A law enforcement agency during active investigations
 1364  of potential criminal activity, fraud, or theft regarding
 1365  prescribed controlled substances.
 1366         (d)A medical examiner when conducting an authorized
 1367  investigation under s. 406.11, to determine the cause of death
 1368  of an individual.
 1369         (e)An impaired practitioner consultant who is retained by
 1370  the department under s. 456.076 to review the system information
 1371  of an impaired practitioner program participant or a referral
 1372  who has agreed to be evaluated or monitored through the program
 1373  and who has separately agreed in writing to the consultant’s
 1374  access to and review of such information.
 1375         (f)A patient or the legal guardian or designated health
 1376  care surrogate of an incapacitated patient who submits a written
 1377  and notarized request that includes the patient’s full name,
 1378  address, phone number, date of birth, and a copy of a
 1379  government-issued photo identification.
 1380         (6)The department may enter into a reciprocal agreement or
 1381  contract to share prescription drug monitoring information with
 1382  another state, district, or territory if the prescription drug
 1383  monitoring programs of other states, districts, or territories
 1384  are compatible with the Florida program.
 1385         (a)In determining compatibility, the department shall
 1386  consider:
 1387         1.The safeguards for privacy of patient records and the
 1388  success of the program in protecting patient privacy.
 1389         2.The persons authorized to view the data collected by the
 1390  program. Comparable entities and licensed health care
 1391  practitioners in other states, districts, or territories of the
 1392  United States, law enforcement agencies, the Attorney General’s
 1393  Medicaid Fraud Control Unit, medical regulatory boards, and, as
 1394  needed, management staff that have similar duties as management
 1395  staff who work with the prescription drug monitoring program as
 1396  authorized in s. 893.0551 are authorized access upon approval by
 1397  the department.
 1398         3.The schedules of the controlled substances that are
 1399  monitored by the program.
 1400         4.The data reported to or included in the program’s
 1401  system.
 1402         5.Any implementing criteria deemed essential for a
 1403  thorough comparison.
 1404         6.The costs and benefits to the state of sharing
 1405  prescription information.
 1406         (b)The department shall assess the prescription drug
 1407  monitoring program’s continued compatibility with the other
 1408  state’s, district’s, or territory’s program every 4 years.
 1409         (c)Any agreement or contract for sharing of prescription
 1410  drug monitoring information between the department and another
 1411  state, district, or territory shall contain the same
 1412  restrictions and requirements as this section or s. 893.0551,
 1413  and the information must be provided according to the
 1414  department’s determination of compatibility.
 1415         (7)The department may enter into agreements or contracts
 1416  to establish secure connections between the system and a
 1417  prescribing or dispensing health care practitioner’s electronic
 1418  health recordkeeping system. The electronic health recordkeeping
 1419  system owner or license holder will be responsible for ensuring
 1420  that only authorized individuals have access to prescription
 1421  drug monitoring program information.
 1422         (8)A prescriber or dispenser or a designee of a prescriber
 1423  or dispenser must consult the system to review a patient’s
 1424  controlled substance dispensing history before prescribing or
 1425  dispensing a controlled substance.
 1426         (a)The duty to consult the system does not apply to a
 1427  prescriber or dispenser or designee of a prescriber or dispenser
 1428  if the system is not operational, as determined by the
 1429  department, or when it cannot be accessed by a health care
 1430  practitioner because of a temporary technological or electrical
 1431  failure.
 1432         (b)A prescriber or dispenser or designee of a prescriber
 1433  or dispenser who does not consult the system under this
 1434  subsection shall document the reason he or she did not consult
 1435  the system in the patient’s medical record or prescription
 1436  record, and shall not prescribe or dispense greater than a 3-day
 1437  supply of a controlled substance to the patient.
 1438         (c)The department shall issue a citation pursuant to the
 1439  procedure in s. 456.077 to any prescriber or dispenser who fails
 1440  to consult the system as required by this subsection.
 1441         (9)A person who willfully and knowingly fails to report
 1442  the dispensing of a controlled substance as required by this
 1443  section commits a misdemeanor of the first degree, punishable as
 1444  provided in s. 775.082 or s. 775.083.
 1445         (10)Information in the prescription drug monitoring
 1446  program’s system may be released only as provided in this
 1447  section and s. 893.0551. The content of the system is intended
 1448  to be informational only. Information in the system is not
 1449  subject to discovery or introduction into evidence in any civil
 1450  or administrative action against a prescriber, dispenser,
 1451  pharmacy, or patient arising out of matters that are the subject
 1452  of information in the system. The program manager and authorized
 1453  persons who participate in preparing, reviewing, issuing, or any
 1454  other activity related to management of the system may not be
 1455  permitted or required to testify in any such civil or
 1456  administrative action as to any findings, recommendations,
 1457  evaluations, opinions, or other actions taken in connection with
 1458  management of the system.
 1459         (11)A prescriber or dispenser, or his or her designee, may
 1460  have access to the information under this section which relates
 1461  to a patient of that prescriber or dispenser as needed for the
 1462  purpose of reviewing the patient’s controlled drug prescription
 1463  history. A prescriber or dispenser acting in good faith is
 1464  immune from any civil, criminal, or administrative liability
 1465  that might otherwise be incurred or imposed for receiving or
 1466  using information from the prescription drug monitoring program.
 1467  This subsection does not create a private cause of action, and a
 1468  person may not recover damages against a prescriber or dispenser
 1469  authorized to access information under this subsection for
 1470  accessing or failing to access such information.
 1471         (12)(a)All costs incurred by the department in
 1472  administering the prescription drug monitoring program shall be
 1473  funded through federal grants, private funding applied for or
 1474  received by the state, or state funds appropriated in the
 1475  General Appropriations Act. The department may not:
 1476         1.Commit funds for the monitoring program without ensuring
 1477  funding is available; or
 1478         2.Use funds provided, directly or indirectly by
 1479  prescription drug manufacturers to implement the program.
 1480         (b)The department shall cooperate with the direct-support
 1481  organization established under subsection (15) in seeking
 1482  federal grant funds, other nonstate grant funds, gifts,
 1483  donations, or other private moneys for the department if the
 1484  costs of doing so are immaterial. Immaterial costs include, but
 1485  are not limited to, the costs of mailing and personnel assigned
 1486  to research or apply for a grant. The department may
 1487  competitively procure and contract pursuant to s. 287.057 for
 1488  any goods and services required by this section.
 1489         (13)The department shall conduct or participate in studies
 1490  to examine the feasibility of enhancing the prescription drug
 1491  monitoring program for the purposes of public health initiatives
 1492  and statistical reporting. Such studies shall respect the
 1493  privacy of the patient, the prescriber, and the dispenser. Such
 1494  studies may be conducted by the department or a contracted
 1495  vendor in order to:
 1496         (a)Improve the quality of health care services and safety
 1497  by improving prescribing and dispensing practices for controlled
 1498  substances;
 1499         (b)Take advantage of advances in technology;
 1500         (c)Reduce duplicative prescriptions and the
 1501  overprescribing of controlled substances; and
 1502         (d)Reduce drug abuse.
 1503         (14)The department shall annually report on performance
 1504  measures to the Governor, the President of the Senate, and the
 1505  Speaker of the House of Representatives by December 1.
 1506  Performance measures may include, but are not limited to, the
 1507  following outcomes:
 1508         (a)Reduction of the rate of inappropriate use of
 1509  controlled substances through department education and safety
 1510  efforts.
 1511         (b)Reduction of the quantity of controlled substances
 1512  obtained by individuals attempting to engage in fraud and
 1513  deceit.
 1514         (c)Increased coordination among partners participating in
 1515  the prescription drug monitoring program.
 1516         (d)Involvement of stakeholders in achieving improved
 1517  patient health care and safety and reduction of controlled
 1518  substance abuse and controlled substance diversion.
 1519         (15)The department may establish a direct-support
 1520  organization to provide assistance, funding, and promotional
 1521  support for the activities authorized for the prescription drug
 1522  monitoring program.
 1523         (a)As used in this subsection, the term “direct-support
 1524  organization” means an organization that is:
 1525         1.A Florida corporation not for profit incorporated under
 1526  chapter 617, exempted from filing fees, and approved by the
 1527  Department of State.
 1528         2.Organized and operated to conduct programs and
 1529  activities; raise funds; request and receive grants, gifts, and
 1530  bequests of money; acquire, receive, hold, and invest, in its
 1531  own name, securities, funds, objects of value, or other
 1532  property, either real or personal; and make expenditures or
 1533  provide funding to or for the direct or indirect benefit of the
 1534  department in the furtherance of the prescription drug
 1535  monitoring program.
 1536         (b)The State Surgeon General shall appoint a board of
 1537  directors for the direct-support organization.
 1538         1. The board of directors shall consist of no fewer than
 1539  five members who shall serve at the pleasure of the State
 1540  Surgeon General.
 1541         2.The State Surgeon General shall provide guidance to
 1542  members of the board to ensure that moneys received by the
 1543  direct-support organization are not received from inappropriate
 1544  sources. Inappropriate sources include, but are not limited to,
 1545  donors, grantors, persons, prescription drug manufacturers, or
 1546  organizations that may monetarily or substantively benefit from
 1547  the purchase of goods or services by the department in
 1548  furtherance of the prescription drug monitoring program.
 1549         (c)The direct-support organization shall operate under
 1550  written contract with the department. The contract must, at a
 1551  minimum, provide for:
 1552         1.Approval of the articles of incorporation and bylaws of
 1553  the direct-support organization by the department.
 1554         2.Submission of an annual budget for the approval of the
 1555  department.
 1556         3.The reversion, without penalty, to the department’s
 1557  grants and donations trust fund for the administration of the
 1558  prescription drug monitoring program of all moneys and property
 1559  held in trust by the direct-support organization for the benefit
 1560  of the prescription drug monitoring program if the direct
 1561  support organization ceases to exist or if the contract is
 1562  terminated.
 1563         4.The fiscal year of the direct-support organization,
 1564  which must begin July 1 of each year and end June 30 of the
 1565  following year.
 1566         5.The disclosure of the material provisions of the
 1567  contract to donors of gifts, contributions, or bequests,
 1568  including such disclosure on all promotional and fundraising
 1569  publications, and an explanation to such donors of the
 1570  distinction between the department and the direct-support
 1571  organization.
 1572         6.The direct-support organization’s collecting, expending,
 1573  and providing of funds to the department for the development,
 1574  implementation, and operation of the prescription drug
 1575  monitoring program as described in this section. The direct
 1576  support organization may collect and expend funds to be used for
 1577  the functions of the direct-support organization’s board of
 1578  directors, as necessary and approved by the department. In
 1579  addition, the direct-support organization may collect and
 1580  provide funding to the department in furtherance of the
 1581  prescription drug monitoring program by:
 1582         a.Establishing and administering the prescription drug
 1583  monitoring program’s electronic system, including hardware and
 1584  software.
 1585         b.Conducting studies on the efficiency and effectiveness
 1586  of the program to include feasibility studies as described in
 1587  subsection (13).
 1588         c.Providing funds for future enhancements of the program
 1589  within the intent of this section.
 1590         d.Providing user training of the prescription drug
 1591  monitoring program, including distribution of materials to
 1592  promote public awareness and education and conducting workshops
 1593  or other meetings, for health care practitioners, pharmacists,
 1594  and others as appropriate.
 1595         e.Providing funds for travel expenses.
 1596         f.Providing funds for administrative costs, including
 1597  personnel, audits, facilities, and equipment.
 1598         g.Fulfilling all other requirements necessary to implement
 1599  and operate the program as outlined in this section.
 1600         7.Certification by the department that the direct-support
 1601  organization is complying with the terms of the contract in a
 1602  manner consistent with and in furtherance of the goals and
 1603  purposes of the prescription drug monitoring program and in the
 1604  best interests of the state. Such certification must be made
 1605  annually and reported in the official minutes of a meeting of
 1606  the direct-support organization.
 1607         (d)The activities of the direct-support organization must
 1608  be consistent with the goals and mission of the department, as
 1609  determined by the department, and in the best interests of the
 1610  state. The direct-support organization must obtain written
 1611  approval from the department for any activities in support of
 1612  the prescription drug monitoring program before undertaking
 1613  those activities.
 1614         (e)The direct-support organization shall provide for an
 1615  independent annual financial audit in accordance with s.
 1616  215.981. Copies of the audit shall be provided to the department
 1617  and the Office of Policy and Budget in the Executive Office of
 1618  the Governor.
 1619         (f)The direct-support organization may not exercise any
 1620  power under s. 617.0302(12) or (16).
 1621         (g)The direct-support organization is not considered a
 1622  lobbying firm within the meaning of s. 11.045.
 1623         (h)The department may permit, without charge, appropriate
 1624  use of administrative services, property, and facilities of the
 1625  department by the direct-support organization, subject to this
 1626  section. The use must be directly in keeping with the approved
 1627  purposes of the direct-support organization and may not be made
 1628  at times or places that would unreasonably interfere with
 1629  opportunities for the public to use such facilities for
 1630  established purposes. Any moneys received from rentals of
 1631  facilities and properties managed by the department may be held
 1632  in a separate depository account in the name of the direct
 1633  support organization and subject to the provisions of the letter
 1634  of agreement with the department. The letter of agreement must
 1635  provide that any funds held in the separate depository account
 1636  in the name of the direct-support organization must revert to
 1637  the department if the direct-support organization is no longer
 1638  approved by the department to operate in the best interests of
 1639  the state.
 1640         (i)The department may adopt rules under s. 120.54 to
 1641  govern the use of administrative services, property, or
 1642  facilities of the department or office by the direct-support
 1643  organization.
 1644         (j)The department may not permit the use of any
 1645  administrative services, property, or facilities of the state by
 1646  a direct-support organization if that organization does not
 1647  provide equal membership and employment opportunities to all
 1648  persons regardless of race, color, religion, gender, age, or
 1649  national origin.
 1650         (k)This subsection is repealed October 1, 2027, unless
 1651  reviewed and saved from repeal by the Legislature.
 1652         (16)The department shall adopt rules necessary to
 1653  implement this section.
 1654         Section 12. Section 893.0551, Florida Statutes, is amended
 1655  to read:
 1656         893.0551 Public records exemption for the prescription drug
 1657  monitoring program.—
 1658         (1) For purposes of this section, the terms used in this
 1659  section have the same meanings as provided in s. 893.055.
 1660         (2) The following information of a patient or patient’s
 1661  agent, a health care practitioner, a dispenser, an employee of
 1662  the practitioner who is acting on behalf of and at the direction
 1663  of the practitioner, a pharmacist, or a pharmacy that is
 1664  contained in records held by the department under s. 893.055 is
 1665  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1666  of the State Constitution:
 1667         (a) Name.
 1668         (b) Address.
 1669         (c) Telephone number.
 1670         (d) Insurance plan number.
 1671         (e) Government-issued identification number.
 1672         (f) Provider number.
 1673         (g) Drug Enforcement Administration number.
 1674         (h) Any other unique identifying information or number.
 1675         (3) The department shall disclose such confidential and
 1676  exempt information to the following persons or entities upon
 1677  request and after using a verification process to ensure the
 1678  legitimacy of the request as provided in s. 893.055:
 1679         (a)A health care practitioner, or his or her designee, who
 1680  certifies that the information is necessary to provide medical
 1681  treatment to a current patient in accordance with ss. 893.05 and
 1682  893.055.
 1683         (b) A qualified physician, to review a patient’s controlled
 1684  drug prescription history before issuing a physician
 1685  certification pursuant to s. 381.986.
 1686         (c)An employee of the United States Department of Veterans
 1687  Affairs, United States Department of Defense, or the Indian
 1688  Health Service who provides health care services pursuant to
 1689  such employment and who has the authority to prescribe
 1690  controlled substances shall have access to the information in
 1691  the program’s system upon verification of such employment.
 1692         (d)The program manager and designated support staff for
 1693  administration of the program, and to provide relevant
 1694  information to the prescriber, dispenser, and appropriate law
 1695  enforcement agencies, in accordance with s. 893.055.
 1696         (e)The department for investigations involving licensees
 1697  authorized to prescribe or dispense controlled substances. The
 1698  department may request information from the program but may not
 1699  have direct access to its system. The department may provide to
 1700  a law enforcement agency pursuant to ss. 456.066 and 456.073
 1701  only information that is relevant to the specific controlled
 1702  substances investigation that prompted the request for the
 1703  information.
 1704         (f)(a) The Attorney General or his or her designee when
 1705  working on Medicaid fraud cases involving prescribed controlled
 1706  substances prescription drugs or when the Attorney General has
 1707  initiated a review of specific identifiers of Medicaid fraud or
 1708  specific identifiers that warrant a Medicaid investigation
 1709  regarding prescribed controlled substances prescription drugs.
 1710  The Attorney General’s Medicaid fraud investigators may not have
 1711  direct access to the department’s system database. The Attorney
 1712  General or his or her designee may disclose to a criminal
 1713  justice agency, as defined in s. 119.011, only the confidential
 1714  and exempt information received from the department that is
 1715  relevant to an identified active investigation that prompted the
 1716  request for the information.
 1717         (g)(b) The department’s relevant health care regulatory
 1718  boards responsible for the licensure, regulation, or discipline
 1719  of a practitioner, pharmacist, or other person who is authorized
 1720  to prescribe, administer, or dispense controlled substances and
 1721  who is involved in a specific controlled substances
 1722  investigation for prescription drugs involving a designated
 1723  person. The health care regulatory boards may request
 1724  information from the department but may not have direct access
 1725  to its database. The health care regulatory boards may provide
 1726  to a law enforcement agency pursuant to ss. 456.066 and 456.073
 1727  only information that is relevant to the specific controlled
 1728  substances investigation that prompted the request for the
 1729  information.
 1730         (h)(c) A law enforcement agency that has initiated an
 1731  active investigation involving a specific violation of law
 1732  regarding prescription drug abuse or diversion of prescribed
 1733  controlled substances and that has entered into a user agreement
 1734  with the department. A law enforcement agency may request
 1735  information from the department but may not have direct access
 1736  to its system database. The law enforcement agency may disclose
 1737  to a criminal justice agency, as defined in s. 119.011, only
 1738  confidential and exempt information received from the department
 1739  that is relevant to an identified active investigation that
 1740  prompted the request for such information.
 1741         (i)A district medical examiner or associate medical
 1742  examiner, as described in s. 406.06, pursuant to his or her
 1743  official duties, as required by s. 406.11, to determine the
 1744  cause of death of an individual. Such medical examiners may
 1745  request information from the department but may not have direct
 1746  access to the system
 1747         (d) A health care practitioner, or his or her designee, who
 1748  certifies that the information is necessary to provide medical
 1749  treatment to a current patient in accordance with ss. 893.05 and
 1750  893.055.
 1751         (e) A pharmacist, or his or her designee, who certifies
 1752  that the requested information will be used to dispense
 1753  controlled substances to a current patient in accordance with
 1754  ss. 893.04 and 893.055.
 1755         (f)A patient or the legal guardian or designated health
 1756  care surrogate for an incapacitated patient, if applicable,
 1757  making a request as provided in s. 893.055(7)(c)4.
 1758         (g) The patient’s pharmacy, prescriber, or dispenser, or
 1759  the designee of the pharmacy, prescriber, or dispenser, who
 1760  certifies that the information is necessary to provide medical
 1761  treatment to his or her current patient in accordance with s.
 1762  893.055.
 1763         (j)(h) An impaired practitioner consultant who has been
 1764  authorized in writing by a participant in, or by a referral to,
 1765  the impaired practitioner program to access and review
 1766  information as provided in s. 893.055(5)(e) 893.055(7)(c)5.
 1767         (k)A patient or the legal guardian or designated health
 1768  care surrogate for an incapacitated patient, if applicable,
 1769  making a request as provided in s. 893.055(5)(f).
 1770         (4) If the department determines consistent with its rules
 1771  that a pattern of controlled substance abuse exists, the
 1772  department may disclose such confidential and exempt information
 1773  to the applicable law enforcement agency in accordance with s.
 1774  893.055. The law enforcement agency may disclose to a criminal
 1775  justice agency, as defined in s. 119.011, only confidential and
 1776  exempt information received from the department that is relevant
 1777  to an identified active investigation that is specific to a
 1778  violation of s. 893.13(7)(a)8., s. 893.13(8)(a), or s.
 1779  893.13(8)(b).
 1780         (5) Before disclosing confidential and exempt information
 1781  to a criminal justice agency or a law enforcement agency
 1782  pursuant to this section, the disclosing person or entity must
 1783  take steps to ensure the continued confidentiality of all
 1784  confidential and exempt information. At a minimum, these steps
 1785  must include redacting any nonrelevant information.
 1786         (6) An agency or person who obtains any confidential and
 1787  exempt information pursuant to this section must maintain the
 1788  confidential and exempt status of that information and may not
 1789  disclose such information unless authorized by law. Information
 1790  shared with a state attorney pursuant to paragraph (3)(f) (3)(a)
 1791  or paragraph (3)(h) (3)(c) may be released only in response to a
 1792  discovery demand if such information is directly related to the
 1793  criminal case for which the information was requested. Unrelated
 1794  information may be released only upon an order of a court of
 1795  competent jurisdiction.
 1796         (7) A person who willfully and knowingly violates this
 1797  section commits a felony of the third degree, punishable as
 1798  provided in s. 775.082, s. 775.083, or s. 775.084.
 1799         Section 13. Effective January 1, 2019, paragraphs (pp) and
 1800  (qq) of subsection (1) of section 458.331, Florida Statutes, are
 1801  amended to read:
 1802         458.331 Grounds for disciplinary action; action by the
 1803  board and department.—
 1804         (1) The following acts constitute grounds for denial of a
 1805  license or disciplinary action, as specified in s. 456.072(2):
 1806         (pp) Applicable to a licensee who serves as the designated
 1807  physician of a pain-management clinic as defined in s. 458.3265
 1808  or s. 459.0137:
 1809         1. Registering a pain-management clinic through
 1810  misrepresentation or fraud;
 1811         2. Procuring, or attempting to procure, the registration of
 1812  a pain-management clinic for any other person by making or
 1813  causing to be made, any false representation;
 1814         3. Failing to comply with any requirement of chapter 499,
 1815  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
 1816  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
 1817  the Drug Abuse Prevention and Control Act; or chapter 893, the
 1818  Florida Comprehensive Drug Abuse Prevention and Control Act;
 1819         4. Being convicted or found guilty of, regardless of
 1820  adjudication to, a felony or any other crime involving moral
 1821  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
 1822  the courts of this state, of any other state, or of the United
 1823  States;
 1824         5. Being convicted of, or disciplined by a regulatory
 1825  agency of the Federal Government or a regulatory agency of
 1826  another state for, any offense that would constitute a violation
 1827  of this chapter;
 1828         6. Being convicted of, or entering a plea of guilty or nolo
 1829  contendere to, regardless of adjudication, a crime in any
 1830  jurisdiction of the courts of this state, of any other state, or
 1831  of the United States which relates to the practice of, or the
 1832  ability to practice, a licensed health care profession;
 1833         7. Being convicted of, or entering a plea of guilty or nolo
 1834  contendere to, regardless of adjudication, a crime in any
 1835  jurisdiction of the courts of this state, of any other state, or
 1836  of the United States which relates to health care fraud;
 1837         8. Dispensing any medicinal drug based upon a communication
 1838  that purports to be a prescription as defined in s. 465.003(14)
 1839  or s. 893.02 if the dispensing practitioner knows or has reason
 1840  to believe that the purported prescription is not based upon a
 1841  valid practitioner-patient relationship; or
 1842         9. Failing to timely notify the board of the date of his or
 1843  her termination from a pain-management clinic as required by s.
 1844  458.3265(3) 458.3265(2).
 1845         (qq) Failing to timely notify the department of the theft
 1846  of prescription blanks from a pain-management clinic or a breach
 1847  of other methods for prescribing within 24 hours as required by
 1848  s. 458.3265(3) 458.3265(2).
 1849         Section 14.  Effective January 1, 2019, Paragraphs (rr) and
 1850  (ss) of subsection (1) of section 459.015, Florida Statutes, are
 1851  amended to read:
 1852         459.015 Grounds for disciplinary action; action by the
 1853  board and department.—
 1854         (1) The following acts constitute grounds for denial of a
 1855  license or disciplinary action, as specified in s. 456.072(2):
 1856         (rr) Applicable to a licensee who serves as the designated
 1857  physician of a pain-management clinic as defined in s. 458.3265
 1858  or s. 459.0137:
 1859         1. Registering a pain-management clinic through
 1860  misrepresentation or fraud;
 1861         2. Procuring, or attempting to procure, the registration of
 1862  a pain-management clinic for any other person by making or
 1863  causing to be made, any false representation;
 1864         3. Failing to comply with any requirement of chapter 499,
 1865  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
 1866  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
 1867  the Drug Abuse Prevention and Control Act; or chapter 893, the
 1868  Florida Comprehensive Drug Abuse Prevention and Control Act;
 1869         4. Being convicted or found guilty of, regardless of
 1870  adjudication to, a felony or any other crime involving moral
 1871  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
 1872  the courts of this state, of any other state, or of the United
 1873  States;
 1874         5. Being convicted of, or disciplined by a regulatory
 1875  agency of the Federal Government or a regulatory agency of
 1876  another state for, any offense that would constitute a violation
 1877  of this chapter;
 1878         6. Being convicted of, or entering a plea of guilty or nolo
 1879  contendere to, regardless of adjudication, a crime in any
 1880  jurisdiction of the courts of this state, of any other state, or
 1881  of the United States which relates to the practice of, or the
 1882  ability to practice, a licensed health care profession;
 1883         7. Being convicted of, or entering a plea of guilty or nolo
 1884  contendere to, regardless of adjudication, a crime in any
 1885  jurisdiction of the courts of this state, of any other state, or
 1886  of the United States which relates to health care fraud;
 1887         8. Dispensing any medicinal drug based upon a communication
 1888  that purports to be a prescription as defined in s. 465.003(14)
 1889  or s. 893.02 if the dispensing practitioner knows or has reason
 1890  to believe that the purported prescription is not based upon a
 1891  valid practitioner-patient relationship; or
 1892         9. Failing to timely notify the board of the date of his or
 1893  her termination from a pain-management clinic as required by s.
 1894  459.0137(3) 459.0137(2).
 1895         (ss) Failing to timely notify the department of the theft
 1896  of prescription blanks from a pain-management clinic or a breach
 1897  of other methods for prescribing within 24 hours as required by
 1898  s. 459.0137(3) 459.0137(2).
 1899         Section 15. Paragraph (b) of subsection (4) of section
 1900  463.0055, Florida Statutes, is amended to read:
 1901         463.0055 Administration and prescription of ocular
 1902  pharmaceutical agents.—
 1903         (4) A certified optometrist shall be issued a prescriber
 1904  number by the board. Any prescription written by a certified
 1905  optometrist for an ocular pharmaceutical agent pursuant to this
 1906  section shall have the prescriber number printed thereon. A
 1907  certified optometrist may not administer or prescribe:
 1908         (b) A controlled substance for the treatment of chronic
 1909  nonmalignant pain as defined in s. 456.44(1)(f) 456.44(1)(e).
 1910         Section 16. Paragraph (a) of subsection (1) of section
 1911  782.04, Florida Statutes, is amended to read:
 1912         782.04 Murder.—
 1913         (1)(a) The unlawful killing of a human being:
 1914         1. When perpetrated from a premeditated design to effect
 1915  the death of the person killed or any human being;
 1916         2. When committed by a person engaged in the perpetration
 1917  of, or in the attempt to perpetrate, any:
 1918         a. Trafficking offense prohibited by s. 893.135(1),
 1919         b. Arson,
 1920         c. Sexual battery,
 1921         d. Robbery,
 1922         e. Burglary,
 1923         f. Kidnapping,
 1924         g. Escape,
 1925         h. Aggravated child abuse,
 1926         i. Aggravated abuse of an elderly person or disabled adult,
 1927         j. Aircraft piracy,
 1928         k. Unlawful throwing, placing, or discharging of a
 1929  destructive device or bomb,
 1930         l. Carjacking,
 1931         m. Home-invasion robbery,
 1932         n. Aggravated stalking,
 1933         o. Murder of another human being,
 1934         p. Resisting an officer with violence to his or her person,
 1935         q. Aggravated fleeing or eluding with serious bodily injury
 1936  or death,
 1937         r. Felony that is an act of terrorism or is in furtherance
 1938  of an act of terrorism, including a felony under s. 775.30, s.
 1939  775.32, s. 775.33, s. 775.34, or s. 775.35, or
 1940         s. Human trafficking; or
 1941         3. Which resulted from the unlawful distribution by a
 1942  person 18 years of age or older of any of the following
 1943  substances, or mixture containing any of the following
 1944  substances, when such substance or mixture is proven to be the
 1945  proximate cause of the death of the user:
 1946         a. A substance controlled under s. 893.03(1);
 1947         b. Cocaine, as described in s. 893.03(2)(a)4.;
 1948         c. Opium or any synthetic or natural salt, compound,
 1949  derivative, or preparation of opium;
 1950         d. Methadone;
 1951         e. Alfentanil, as described in s. 893.03(2)(b)1.;
 1952         f. Carfentanil, as described in s. 893.03(2)(b)6.;
 1953         g. Fentanyl, as described in s. 893.03(2)(b)9.;
 1954         h. Sufentanil, as described in s. 893.03(2)(b)30.
 1955  893.03(2)(b)29.; or
 1956         i. A controlled substance analog, as described in s.
 1957  893.0356, of any substance specified in sub-subparagraphs a.-h.,
 1958  
 1959  is murder in the first degree and constitutes a capital felony,
 1960  punishable as provided in s. 775.082.
 1961         Section 17. Paragraphs (a), (c), (d), (e), (f), and (h) of
 1962  subsection (1), subsection (2), paragraphs (a) and (b) of
 1963  subsection (4), and subsection (5) of section 893.13, Florida
 1964  Statutes, are amended to read:
 1965         893.13 Prohibited acts; penalties.—
 1966         (1)(a) Except as authorized by this chapter and chapter
 1967  499, a person may not sell, manufacture, or deliver, or possess
 1968  with intent to sell, manufacture, or deliver, a controlled
 1969  substance. A person who violates this provision with respect to:
 1970         1. A controlled substance named or described in s.
 1971  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1972  (2)(c)4. commits a felony of the second degree, punishable as
 1973  provided in s. 775.082, s. 775.083, or s. 775.084.
 1974         2. A controlled substance named or described in s.
 1975  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1976  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 1977  felony of the third degree, punishable as provided in s.
 1978  775.082, s. 775.083, or s. 775.084.
 1979         3. A controlled substance named or described in s.
 1980  893.03(5) commits a misdemeanor of the first degree, punishable
 1981  as provided in s. 775.082 or s. 775.083.
 1982         (c) Except as authorized by this chapter, a person may not
 1983  sell, manufacture, or deliver, or possess with intent to sell,
 1984  manufacture, or deliver, a controlled substance in, on, or
 1985  within 1,000 feet of the real property comprising a child care
 1986  facility as defined in s. 402.302 or a public or private
 1987  elementary, middle, or secondary school between the hours of 6
 1988  a.m. and 12 midnight, or at any time in, on, or within 1,000
 1989  feet of real property comprising a state, county, or municipal
 1990  park, a community center, or a publicly owned recreational
 1991  facility. As used in this paragraph, the term “community center”
 1992  means a facility operated by a nonprofit community-based
 1993  organization for the provision of recreational, social, or
 1994  educational services to the public. A person who violates this
 1995  paragraph with respect to:
 1996         1. A controlled substance named or described in s.
 1997  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 1998  (2)(c)4. commits a felony of the first degree, punishable as
 1999  provided in s. 775.082, s. 775.083, or s. 775.084. The defendant
 2000  must be sentenced to a minimum term of imprisonment of 3
 2001  calendar years unless the offense was committed within 1,000
 2002  feet of the real property comprising a child care facility as
 2003  defined in s. 402.302.
 2004         2. A controlled substance named or described in s.
 2005  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2006  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2007  felony of the second degree, punishable as provided in s.
 2008  775.082, s. 775.083, or s. 775.084.
 2009         3. Any other controlled substance, except as lawfully sold,
 2010  manufactured, or delivered, must be sentenced to pay a $500 fine
 2011  and to serve 100 hours of public service in addition to any
 2012  other penalty prescribed by law.
 2013  
 2014  This paragraph does not apply to a child care facility unless
 2015  the owner or operator of the facility posts a sign that is not
 2016  less than 2 square feet in size with a word legend identifying
 2017  the facility as a licensed child care facility and that is
 2018  posted on the property of the child care facility in a
 2019  conspicuous place where the sign is reasonably visible to the
 2020  public.
 2021         (d) Except as authorized by this chapter, a person may not
 2022  sell, manufacture, or deliver, or possess with intent to sell,
 2023  manufacture, or deliver, a controlled substance in, on, or
 2024  within 1,000 feet of the real property comprising a public or
 2025  private college, university, or other postsecondary educational
 2026  institution. A person who violates this paragraph with respect
 2027  to:
 2028         1. A controlled substance named or described in s.
 2029  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2030  (2)(c)4. commits a felony of the first degree, punishable as
 2031  provided in s. 775.082, s. 775.083, or s. 775.084.
 2032         2. A controlled substance named or described in s.
 2033  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2034  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2035  felony of the second degree, punishable as provided in s.
 2036  775.082, s. 775.083, or s. 775.084.
 2037         3. Any other controlled substance, except as lawfully sold,
 2038  manufactured, or delivered, must be sentenced to pay a $500 fine
 2039  and to serve 100 hours of public service in addition to any
 2040  other penalty prescribed by law.
 2041         (e) Except as authorized by this chapter, a person may not
 2042  sell, manufacture, or deliver, or possess with intent to sell,
 2043  manufacture, or deliver, a controlled substance not authorized
 2044  by law in, on, or within 1,000 feet of a physical place for
 2045  worship at which a church or religious organization regularly
 2046  conducts religious services or within 1,000 feet of a
 2047  convenience business as defined in s. 812.171. A person who
 2048  violates this paragraph with respect to:
 2049         1. A controlled substance named or described in s.
 2050  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2051  (2)(c)4. commits a felony of the first degree, punishable as
 2052  provided in s. 775.082, s. 775.083, or s. 775.084.
 2053         2. A controlled substance named or described in s.
 2054  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2055  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2056  felony of the second degree, punishable as provided in s.
 2057  775.082, s. 775.083, or s. 775.084.
 2058         3. Any other controlled substance, except as lawfully sold,
 2059  manufactured, or delivered, must be sentenced to pay a $500 fine
 2060  and to serve 100 hours of public service in addition to any
 2061  other penalty prescribed by law.
 2062         (f) Except as authorized by this chapter, a person may not
 2063  sell, manufacture, or deliver, or possess with intent to sell,
 2064  manufacture, or deliver, a controlled substance in, on, or
 2065  within 1,000 feet of the real property comprising a public
 2066  housing facility at any time. As used in this section, the term
 2067  “real property comprising a public housing facility” means real
 2068  property, as defined in s. 421.03(12), of a public corporation
 2069  created as a housing authority pursuant to part I of chapter
 2070  421. A person who violates this paragraph with respect to:
 2071         1. A controlled substance named or described in s.
 2072  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2073  (2)(c)4. commits a felony of the first degree, punishable as
 2074  provided in s. 775.082, s. 775.083, or s. 775.084.
 2075         2. A controlled substance named or described in s.
 2076  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2077  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2078  felony of the second degree, punishable as provided in s.
 2079  775.082, s. 775.083, or s. 775.084.
 2080         3. Any other controlled substance, except as lawfully sold,
 2081  manufactured, or delivered, must be sentenced to pay a $500 fine
 2082  and to serve 100 hours of public service in addition to any
 2083  other penalty prescribed by law.
 2084         (h) Except as authorized by this chapter, a person may not
 2085  sell, manufacture, or deliver, or possess with intent to sell,
 2086  manufacture, or deliver, a controlled substance in, on, or
 2087  within 1,000 feet of the real property comprising an assisted
 2088  living facility, as that term is used in chapter 429. A person
 2089  who violates this paragraph with respect to:
 2090         1. A controlled substance named or described in s.
 2091  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2092  (2)(c)4. commits a felony of the first degree, punishable as
 2093  provided in s. 775.082, s. 775.083, or s. 775.084.
 2094         2. A controlled substance named or described in s.
 2095  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2096  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2097  felony of the second degree, punishable as provided in s.
 2098  775.082, s. 775.083, or s. 775.084.
 2099         3. Any other controlled substance, except as lawfully sold,
 2100  manufactured, or delivered, must be sentenced to pay a $500 fine
 2101  and to serve 100 hours of public service in addition to any
 2102  other penalty prescribed by law.
 2103         (2)(a) Except as authorized by this chapter and chapter
 2104  499, a person may not purchase, or possess with intent to
 2105  purchase, a controlled substance. A person who violates this
 2106  provision with respect to:
 2107         1. A controlled substance named or described in s.
 2108  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2109  (2)(c)4. commits a felony of the second degree, punishable as
 2110  provided in s. 775.082, s. 775.083, or s. 775.084.
 2111         2. A controlled substance named or described in s.
 2112  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2113  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2114  felony of the third degree, punishable as provided in s.
 2115  775.082, s. 775.083, or s. 775.084.
 2116         3. A controlled substance named or described in s.
 2117  893.03(5) commits a misdemeanor of the first degree, punishable
 2118  as provided in s. 775.082 or s. 775.083.
 2119         (b) Except as provided in this chapter, a person may not
 2120  purchase more than 10 grams of any substance named or described
 2121  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 2122  mixture containing any such substance. A person who violates
 2123  this paragraph commits a felony of the first degree, punishable
 2124  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2125         (4) Except as authorized by this chapter, a person 18 years
 2126  of age or older may not deliver any controlled substance to a
 2127  person younger than 18 years of age, use or hire a person
 2128  younger than 18 years of age as an agent or employee in the sale
 2129  or delivery of such a substance, or use such person to assist in
 2130  avoiding detection or apprehension for a violation of this
 2131  chapter. A person who violates this subsection with respect to:
 2132         (a) A controlled substance named or described in s.
 2133  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2134  (2)(c)4. commits a felony of the first degree, punishable as
 2135  provided in s. 775.082, s. 775.083, or s. 775.084.
 2136         (b) A controlled substance named or described in s.
 2137  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2138  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2139  felony of the second degree, punishable as provided in s.
 2140  775.082, s. 775.083, or s. 775.084.
 2141  
 2142  Imposition of sentence may not be suspended or deferred, and the
 2143  person so convicted may not be placed on probation.
 2144         (5) A person may not bring into this state any controlled
 2145  substance unless the possession of such controlled substance is
 2146  authorized by this chapter or unless such person is licensed to
 2147  do so by the appropriate federal agency. A person who violates
 2148  this provision with respect to:
 2149         (a) A controlled substance named or described in s.
 2150  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
 2151  (2)(c)4. commits a felony of the second degree, punishable as
 2152  provided in s. 775.082, s. 775.083, or s. 775.084.
 2153         (b) A controlled substance named or described in s.
 2154  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2155  (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a
 2156  felony of the third degree, punishable as provided in s.
 2157  775.082, s. 775.083, or s. 775.084.
 2158         (c) A controlled substance named or described in s.
 2159  893.03(5) commits a misdemeanor of the first degree, punishable
 2160  as provided in s. 775.082 or s. 775.083.
 2161         Section 18. Paragraphs (c) and (f) of subsection (1) of
 2162  section 893.135, Florida Statutes, are amended to read:
 2163         893.135 Trafficking; mandatory sentences; suspension or
 2164  reduction of sentences; conspiracy to engage in trafficking.—
 2165         (1) Except as authorized in this chapter or in chapter 499
 2166  and notwithstanding the provisions of s. 893.13:
 2167         (c)1. A person who knowingly sells, purchases,
 2168  manufactures, delivers, or brings into this state, or who is
 2169  knowingly in actual or constructive possession of, 4 grams or
 2170  more of any morphine, opium, hydromorphone, or any salt,
 2171  derivative, isomer, or salt of an isomer thereof, including
 2172  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2173  (3)(c)4., or 4 grams or more of any mixture containing any such
 2174  substance, but less than 30 kilograms of such substance or
 2175  mixture, commits a felony of the first degree, which felony
 2176  shall be known as “trafficking in illegal drugs,” punishable as
 2177  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2178  quantity involved:
 2179         a. Is 4 grams or more, but less than 14 grams, such person
 2180  shall be sentenced to a mandatory minimum term of imprisonment
 2181  of 3 years and shall be ordered to pay a fine of $50,000.
 2182         b. Is 14 grams or more, but less than 28 grams, such person
 2183  shall be sentenced to a mandatory minimum term of imprisonment
 2184  of 15 years and shall be ordered to pay a fine of $100,000.
 2185         c. Is 28 grams or more, but less than 30 kilograms, such
 2186  person shall be sentenced to a mandatory minimum term of
 2187  imprisonment of 25 years and shall be ordered to pay a fine of
 2188  $500,000.
 2189         2. A person who knowingly sells, purchases, manufactures,
 2190  delivers, or brings into this state, or who is knowingly in
 2191  actual or constructive possession of, 14 grams or more of
 2192  hydrocodone, as described in s. 893.03(2)(a)1.k.
 2193  893.03(2)(a)1.j., codeine, as described in s. 893.03(2)(a)1.g.,
 2194  or any salt thereof, or 14 grams or more of any mixture
 2195  containing any such substance, commits a felony of the first
 2196  degree, which felony shall be known as “trafficking in
 2197  hydrocodone,” punishable as provided in s. 775.082, s. 775.083,
 2198  or s. 775.084. If the quantity involved:
 2199         a. Is 14 grams or more, but less than 28 grams, such person
 2200  shall be sentenced to a mandatory minimum term of imprisonment
 2201  of 3 years and shall be ordered to pay a fine of $50,000.
 2202         b. Is 28 grams or more, but less than 50 grams, such person
 2203  shall be sentenced to a mandatory minimum term of imprisonment
 2204  of 7 years and shall be ordered to pay a fine of $100,000.
 2205         c. Is 50 grams or more, but less than 200 grams, such
 2206  person shall be sentenced to a mandatory minimum term of
 2207  imprisonment of 15 years and shall be ordered to pay a fine of
 2208  $500,000.
 2209         d. Is 200 grams or more, but less than 30 kilograms, such
 2210  person shall be sentenced to a mandatory minimum term of
 2211  imprisonment of 25 years and shall be ordered to pay a fine of
 2212  $750,000.
 2213         3. A person who knowingly sells, purchases, manufactures,
 2214  delivers, or brings into this state, or who is knowingly in
 2215  actual or constructive possession of, 7 grams or more of
 2216  oxycodone, as described in s. 893.03(2)(a)1.q. 893.03(2)(a)1.o.,
 2217  or any salt thereof, or 7 grams or more of any mixture
 2218  containing any such substance, commits a felony of the first
 2219  degree, which felony shall be known as “trafficking in
 2220  oxycodone,” punishable as provided in s. 775.082, s. 775.083, or
 2221  s. 775.084. If the quantity involved:
 2222         a. Is 7 grams or more, but less than 14 grams, such person
 2223  shall be sentenced to a mandatory minimum term of imprisonment
 2224  of 3 years and shall be ordered to pay a fine of $50,000.
 2225         b. Is 14 grams or more, but less than 25 grams, such person
 2226  shall be sentenced to a mandatory minimum term of imprisonment
 2227  of 7 years and shall be ordered to pay a fine of $100,000.
 2228         c. Is 25 grams or more, but less than 100 grams, such
 2229  person shall be sentenced to a mandatory minimum term of
 2230  imprisonment of 15 years and shall be ordered to pay a fine of
 2231  $500,000.
 2232         d. Is 100 grams or more, but less than 30 kilograms, such
 2233  person shall be sentenced to a mandatory minimum term of
 2234  imprisonment of 25 years and shall be ordered to pay a fine of
 2235  $750,000.
 2236         4.a. A person who knowingly sells, purchases, manufactures,
 2237  delivers, or brings into this state, or who is knowingly in
 2238  actual or constructive possession of, 4 grams or more of:
 2239         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 2240         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 2241         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 2242         (IV) Sufentanil, as described in s. 893.03(2)(b)30.
 2243  893.03(2)(b)29.;
 2244         (V) A fentanyl derivative, as described in s.
 2245  893.03(1)(a)62.;
 2246         (VI) A controlled substance analog, as described in s.
 2247  893.0356, of any substance described in sub-sub-subparagraphs
 2248  (I)-(V); or
 2249         (VII) A mixture containing any substance described in sub
 2250  sub-subparagraphs (I)-(VI),
 2251  
 2252  commits a felony of the first degree, which felony shall be
 2253  known as “trafficking in fentanyl,” punishable as provided in s.
 2254  775.082, s. 775.083, or s. 775.084.
 2255         b. If the quantity involved under sub-subparagraph a.:
 2256         (I) Is 4 grams or more, but less than 14 grams, such person
 2257  shall be sentenced to a mandatory minimum term of imprisonment
 2258  of 3 years, and shall be ordered to pay a fine of $50,000.
 2259         (II) Is 14 grams or more, but less than 28 grams, such
 2260  person shall be sentenced to a mandatory minimum term of
 2261  imprisonment of 15 years, and shall be ordered to pay a fine of
 2262  $100,000.
 2263         (III) Is 28 grams or more, such person shall be sentenced
 2264  to a mandatory minimum term of imprisonment of 25 years, and
 2265  shall be ordered to pay a fine of $500,000.
 2266         5. A person who knowingly sells, purchases, manufactures,
 2267  delivers, or brings into this state, or who is knowingly in
 2268  actual or constructive possession of, 30 kilograms or more of
 2269  any morphine, opium, oxycodone, hydrocodone, codeine,
 2270  hydromorphone, or any salt, derivative, isomer, or salt of an
 2271  isomer thereof, including heroin, as described in s.
 2272  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 2273  more of any mixture containing any such substance, commits the
 2274  first degree felony of trafficking in illegal drugs. A person
 2275  who has been convicted of the first degree felony of trafficking
 2276  in illegal drugs under this subparagraph shall be punished by
 2277  life imprisonment and is ineligible for any form of
 2278  discretionary early release except pardon or executive clemency
 2279  or conditional medical release under s. 947.149. However, if the
 2280  court determines that, in addition to committing any act
 2281  specified in this paragraph:
 2282         a. The person intentionally killed an individual or
 2283  counseled, commanded, induced, procured, or caused the
 2284  intentional killing of an individual and such killing was the
 2285  result; or
 2286         b. The person’s conduct in committing that act led to a
 2287  natural, though not inevitable, lethal result,
 2288  
 2289  such person commits the capital felony of trafficking in illegal
 2290  drugs, punishable as provided in ss. 775.082 and 921.142. A
 2291  person sentenced for a capital felony under this paragraph shall
 2292  also be sentenced to pay the maximum fine provided under
 2293  subparagraph 1.
 2294         6. A person who knowingly brings into this state 60
 2295  kilograms or more of any morphine, opium, oxycodone,
 2296  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 2297  isomer, or salt of an isomer thereof, including heroin, as
 2298  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 2299  60 kilograms or more of any mixture containing any such
 2300  substance, and who knows that the probable result of such
 2301  importation would be the death of a person, commits capital
 2302  importation of illegal drugs, a capital felony punishable as
 2303  provided in ss. 775.082 and 921.142. A person sentenced for a
 2304  capital felony under this paragraph shall also be sentenced to
 2305  pay the maximum fine provided under subparagraph 1.
 2306         (f)1. Any person who knowingly sells, purchases,
 2307  manufactures, delivers, or brings into this state, or who is
 2308  knowingly in actual or constructive possession of, 14 grams or
 2309  more of amphetamine, as described in s. 893.03(2)(c)2., or
 2310  methamphetamine, as described in s. 893.03(2)(c)5.
 2311  893.03(2)(c)4., or of any mixture containing amphetamine or
 2312  methamphetamine, or phenylacetone, phenylacetic acid,
 2313  pseudoephedrine, or ephedrine in conjunction with other
 2314  chemicals and equipment utilized in the manufacture of
 2315  amphetamine or methamphetamine, commits a felony of the first
 2316  degree, which felony shall be known as “trafficking in
 2317  amphetamine,” punishable as provided in s. 775.082, s. 775.083,
 2318  or s. 775.084. If the quantity involved:
 2319         a. Is 14 grams or more, but less than 28 grams, such person
 2320  shall be sentenced to a mandatory minimum term of imprisonment
 2321  of 3 years, and the defendant shall be ordered to pay a fine of
 2322  $50,000.
 2323         b. Is 28 grams or more, but less than 200 grams, such
 2324  person shall be sentenced to a mandatory minimum term of
 2325  imprisonment of 7 years, and the defendant shall be ordered to
 2326  pay a fine of $100,000.
 2327         c. Is 200 grams or more, such person shall be sentenced to
 2328  a mandatory minimum term of imprisonment of 15 calendar years
 2329  and pay a fine of $250,000.
 2330         2. Any person who knowingly manufactures or brings into
 2331  this state 400 grams or more of amphetamine, as described in s.
 2332  893.03(2)(c)2., or methamphetamine, as described in s.
 2333  893.03(2)(c)5. 893.03(2)(c)4., or of any mixture containing
 2334  amphetamine or methamphetamine, or phenylacetone, phenylacetic
 2335  acid, pseudoephedrine, or ephedrine in conjunction with other
 2336  chemicals and equipment used in the manufacture of amphetamine
 2337  or methamphetamine, and who knows that the probable result of
 2338  such manufacture or importation would be the death of any person
 2339  commits capital manufacture or importation of amphetamine, a
 2340  capital felony punishable as provided in ss. 775.082 and
 2341  921.142. Any person sentenced for a capital felony under this
 2342  paragraph shall also be sentenced to pay the maximum fine
 2343  provided under subparagraph 1.
 2344         Section 19. Paragraphs (b) through (e) and (g) of
 2345  subsection (3) of section 921.0022, Florida Statutes, are
 2346  amended to read:
 2347         921.0022 Criminal Punishment Code; offense severity ranking
 2348  chart.—
 2349         (3) OFFENSE SEVERITY RANKING CHART
 2350         (b) LEVEL 2
 2351  
 2352  
 2353  FloridaStatute    FelonyDegree           Description            
 2354  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2355  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2356  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.
 2357  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 2358  590.28(1)            3rd   Intentional burning of lands.     
 2359  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2360  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 2361  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2362  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2363  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 2364  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
 2365  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2366  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2367  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 2368  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2369  817.52(3)            3rd   Failure to redeliver hired vehicle.
 2370  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 2371  817.60(5)            3rd   Dealing in credit cards of another.
 2372  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 2373  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 2374  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 2375  831.01               3rd   Forgery.                          
 2376  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2377  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 2378  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 2379  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 2380  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 2381  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 2382  843.08               3rd   False personation.                
 2383  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.
 2384  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 2385  
 2386         (c) LEVEL 3
 2387  
 2388  
 2389  FloridaStatute    FelonyDegree           Description            
 2390  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
 2391  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
 2392  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
 2393  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2394  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 2395  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 2396  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
 2397  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2398  327.35(2)(b)         3rd   Felony BUI.                       
 2399  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2400  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2401  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2402  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.
 2403  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.
 2404  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2405  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
 2406  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
 2407  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 2408  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
 2409  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
 2410  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2411  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
 2412  697.08               3rd   Equity skimming.                  
 2413  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
 2414  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2415  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
 2416  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2417  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
 2418  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2419  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
 2420  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2421  817.233              3rd   Burning to defraud insurer.       
 2422  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 2423  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
 2424  817.236              3rd   Filing a false motor vehicle insurance application.
 2425  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2426  817.413(2)           3rd   Sale of used goods as new.        
 2427  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2428  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2429  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
 2430  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
 2431  843.19               3rd   Injure, disable, or kill police dog or horse.
 2432  860.15(3)            3rd   Overcharging for repairs and parts.
 2433  870.01(2)            3rd   Riot; inciting or encouraging.    
 2434  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).
 2435  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.
 2436  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.
 2437  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
 2438  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
 2439  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2440  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2441  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
 2442  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 2443  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.
 2444  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.
 2445  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 2446  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.
 2447  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
 2448  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
 2449  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
 2450  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 2451  
 2452         (d) LEVEL 4
 2453  
 2454  FloridaStatute              FelonyDegree        Description        
 2455  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.
 2456  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 2457  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2458  517.07(1)                        3rd     Failure to register securities.
 2459  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
 2460  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
 2461  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
 2462  784.075                          3rd     Battery on detention or commitment facility staff.
 2463  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2464  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
 2465  784.081(3)                       3rd     Battery on specified official or employee.
 2466  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
 2467  784.083(3)                       3rd     Battery on code inspector.
 2468  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2469  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
 2470  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2471  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2472  787.07                           3rd     Human smuggling.          
 2473  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 2474  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 2475  790.115(2)(c)                    3rd     Possessing firearm on school property.
 2476  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
 2477  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2478  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2479  810.06                           3rd     Burglary; possession of tools.
 2480  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
 2481  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2482  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2483  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2484  817.505(4)(a)                    3rd     Patient brokering.        
 2485  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2486  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
 2487  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
 2488  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
 2489  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2490  837.02(1)                        3rd     Perjury in official proceedings.
 2491  837.021(1)                       3rd     Make contradictory statements in official proceedings.
 2492  838.022                          3rd     Official misconduct.      
 2493  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
 2494  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
 2495  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
 2496  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2497  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 2498  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 2499  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
 2500  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).
 2501  914.14(2)                        3rd     Witnesses accepting bribes.
 2502  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
 2503  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 2504  918.12                           3rd     Tampering with jurors.    
 2505  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
 2506  
 2507  
 2508         (e) LEVEL 5
 2509  
 2510  
 2511  FloridaStatute    FelonyDegree           Description            
 2512  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2513  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 2514  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 2515  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2516  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 2517  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.
 2518  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2519  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 2520  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 2521  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 2522  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 2523  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2524  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2525  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 2526  790.01(2)            3rd   Carrying a concealed firearm.     
 2527  790.162              2nd   Threat to throw or discharge destructive device.
 2528  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 2529  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 2530  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2531  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 2532  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 2533  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 2534  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2535  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2536  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2537  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 2538  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 2539  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 2540  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 2541  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 2542  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.
 2543  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.
 2544  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 2545  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 2546  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2547  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2548  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2549  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.
 2550  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 2551  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 2552  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 2553  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 2554  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2555  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2556  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).
 2557  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.
 2558  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.
 2559  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.
 2560  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.
 2561  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 2562  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2563  
 2564         (g) LEVEL 7
 2565  
 2566  FloridaStatute           FelonyDegree         Description         
 2567  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2568  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2569  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.
 2570  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2571  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2572  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2573  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2574  456.065(2)                    3rd     Practicing a health care profession without a license.
 2575  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2576  458.327(1)                    3rd     Practicing medicine without a license.
 2577  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2578  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2579  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2580  462.17                        3rd     Practicing naturopathy without a license.
 2581  463.015(1)                    3rd     Practicing optometry without a license.
 2582  464.016(1)                    3rd     Practicing nursing without a license.
 2583  465.015(2)                    3rd     Practicing pharmacy without a license.
 2584  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2585  467.201                       3rd     Practicing midwifery without a license.
 2586  468.366                       3rd     Delivering respiratory care services without a license.
 2587  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2588  483.901(7)                    3rd     Practicing medical physics without a license.
 2589  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2590  484.053                       3rd     Dispensing hearing aids without a license.
 2591  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.
 2592  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.
 2593  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2594  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2595  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2596  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2597  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2598  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2599  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2600  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2601  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2602  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2603  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2604  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2605  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2606  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2607  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2608  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2609  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2610  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2611  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2612  784.083(1)                    1st     Aggravated battery on code inspector.
 2613  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2614  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.
 2615  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2616  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2617  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2618  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2619  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2620  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2621  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2622  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.
 2623  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2624  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2625  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2626  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.
 2627  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.
 2628  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2629  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2630  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2631  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2632  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2633  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.
 2634  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2635  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2636  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2637  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2638  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2639  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2640  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2641  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2642  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2643  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2644  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2645  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.
 2646  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2647  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 2648  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2649  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.
 2650  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2651  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2652  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2653  838.015                       2nd     Bribery.                    
 2654  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2655  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2656  838.22                        2nd     Bid tampering.              
 2657  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2658  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2659  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2660  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2661  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2662  872.06                        2nd     Abuse of a dead human body. 
 2663  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2664  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2665  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.
 2666  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.
 2667  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
 2668  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2669  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2670  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2671  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2672  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2673  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2674  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2675  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 2676  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 2677  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 2678  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 2679  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2680  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2681  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2682  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2683  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 2684  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 2685  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 2686  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2687  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2688  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2689  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2690  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2691  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2692  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2693  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2694  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2695  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2696  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2697  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2698  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2699  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2700  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2701  
 2702         Section 20. For the 2018-2019 fiscal year:
 2703         (1)(a)The nonrecurring sum of $27,035,360 from the Federal
 2704  Grants Trust Fund, and the recurring sum of $15,520,000 from the
 2705  General Revenue Fund are appropriated to the Department of
 2706  Children and Families. These funds shall be used for the
 2707  following services to address opioid and other substance abuse
 2708  disorders: outpatient, case management, and after care services;
 2709  residential treatment; medication-assisted treatment, including
 2710  the purchase and medical use of methadone, buprenorphine, and
 2711  naltrexone extended-release injectable; peer recovery support;
 2712  hospital and first responder outreach; and outreach targeted to
 2713  pregnant women.
 2714         (b)From a total of $4,720,000 of the recurring general
 2715  revenue funds specified in paragraph (a), the Department of
 2716  Children and Families shall contract with a nonprofit
 2717  organization for the distribution and associated costs for the
 2718  following drugs as part of its medication assisted treatment
 2719  program for substance abuse disorders:
 2720         1.$472,000 for methadone;
 2721         2.$1,888,000 for buprenorphine; and
 2722         3.$2,360,000 for naltrexone extended-release injectable.
 2723         (2)The recurring sum of $6 million from the General
 2724  Revenue Fund is appropriated to the Office of the State Courts
 2725  Administrator for treatment of substance abuse disorders in
 2726  individuals involved in the criminal justice system, individuals
 2727  who have a high likelihood of criminal justice involvement, or
 2728  who are in court-ordered, community-based drug treatment. The
 2729  Office of the State Courts Administrator shall use the funds to
 2730  contract with a non-profit entity for the purpose of
 2731  distributing the medication. The Office of the State Courts
 2732  Administrator shall make available the following drugs:
 2733         (a)$600,000 for methadone;
 2734         (b)$2.4 million for buprenorphine; and
 2735         (c)$3 million for naltrexone extended-release injectable.
 2736         (3)The recurring sum of $5 million from the General
 2737  Revenue Fund is appropriated to the Department of Health for the
 2738  purchase of naloxone to be made available to emergency
 2739  responders.
 2740         Section 21. Except as otherwise expressly provided in this
 2741  act, this act shall take effect July 1, 2018.