Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1934
       
       
       
       
       
       
                                Ì171240jÎ171240                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2021           .                                
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       The Committee on Rules (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 35 - 189
    4  and insert:
    5         Section 2. Present subsection (5) of section 456.074,
    6  Florida Statutes, is redesignated as subsection (6), a new
    7  subsection (5) is added to that section, and subsection (1) of
    8  that section is amended, to read:
    9         456.074 Certain health care practitioners; immediate
   10  suspension of license.—
   11         (1) The department shall issue an emergency order
   12  suspending the license of any health care practitioner person
   13  licensed under chapter 458, chapter 459, chapter 460, chapter
   14  461, chapter 462, chapter 463, chapter 464, chapter 465, chapter
   15  466, or chapter 484 who pleads guilty to, is convicted or found
   16  guilty of, or who enters a plea of nolo contendere to,
   17  regardless of adjudication, any of the following to:
   18         (a) A felony under chapter 409, chapter 817, or chapter 893
   19  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395
   20  1396.;
   21         (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
   22  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
   23  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
   24  Medicaid program.; or
   25         (c) A felony under s. 784.086, relating to a reproductive
   26  battery.
   27         (d)A felony under chapter 782, relating to homicide.
   28         (5)The department shall issue an emergency order
   29  suspending the license of any health care practitioner who is
   30  arrested for committing or attempting, soliciting, or conspiring
   31  to commit any act that would constitute a violation of any of
   32  the following criminal offenses in this state or similar
   33  offenses in another jurisdiction:
   34         (a)Section 393.135(2), relating to sexual misconduct with
   35  an individual with a developmental disability.
   36         (b)Section 394.4593(2), relating to sexual misconduct with
   37  a patient who resides in a receiving or treatment facility or is
   38  otherwise in the custody of the Department of Children and
   39  Families.
   40         (c)Section 787.01, relating to kidnapping.
   41         (d)Section 787.02, relating to false imprisonment.
   42         (e)Section 787.025(2), relating to luring or enticing a
   43  child.
   44         (f)Section 787.06(3)(b), (d), (f), or (g), relating to
   45  human trafficking for commercial sexual activity.
   46         (g)Former s. 787.06(3)(h), relating to human trafficking
   47  of a child under the age of 15 for commercial sexual activity.
   48         (h)Section 787.07, relating to human smuggling.
   49         (i)Section 794.011, relating to sexual battery, excluding
   50  s. 794.011(10).
   51         (j)Section 794.05, relating to unlawful sexual activity
   52  with certain minors.
   53         (k)Section 794.08, relating to female genital mutilation.
   54         (l)Former s. 796.03, relating to procuring a person under
   55  the age of 18 for prostitution.
   56         (m)Former s. 796.035, relating to the selling or buying of
   57  minors into prostitution.
   58         (n)Section 796.04, relating to forcing, compelling, or
   59  coercing another to become a prostitute.
   60         (o)Section 796.05, relating to deriving support from the
   61  proceeds of prostitution.
   62         (p)Section 796.07(4)(a)3., relating to a felony of the
   63  third degree for a third or subsequent violation of s. 796.07,
   64  relating to prohibiting prostitution and related acts.
   65         (q)Section 800.04, relating to lewd or lascivious offenses
   66  committed upon or in the presence of persons younger than 16
   67  years of age.
   68         (r)Section 810.145(8), relating to video voyeurism of a
   69  minor.
   70         (s)Section 825.1025, relating to lewd or lascivious
   71  offenses committed upon or in the presence of an elderly person
   72  or disabled person.
   73         (t)Section 827.071, relating to sexual performance by a
   74  child.
   75         (u)Section 847.011, relating to prohibited acts in
   76  connection with obscene, lewd, and other materials.
   77         (v)Section 847.012, relating to materials harmful to
   78  minors.
   79         (w)Section 847.013, relating to exposing minors to harmful
   80  motion pictures, exhibitions, shows, presentations, or
   81  representations.
   82         (x)Section 847.0133, relating to the protection of minors
   83  from obscene materials.
   84         (y)Section 847.0135, relating to computer pornography,
   85  prohibited computer usage, or traveling to meet minors,
   86  excluding s. 847.0135(6).
   87         (z)Section 847.0137, relating to the transmission of child
   88  pornography by electronic device or equipment.
   89         (aa)Section 847.0138, relating to the transmission of
   90  material harmful to minors to a minor by electronic device or
   91  equipment.
   92         (bb)Section 847.0145, relating to the selling or buying of
   93  minors.
   94         (cc)Section 856.022, relating to loitering or prowling in
   95  close proximity to children.
   96         (dd)Section 895.03, relating to racketeering activity, if
   97  the court makes a written finding that the racketeering activity
   98  involved at least one sexual offense listed in this subsection
   99  or at least one offense listed in this subsection which was
  100  committed with sexual intent or motive.
  101         (ee)Section 916.1075(2), relating to sexual misconduct
  102  against a forensic client of a civil or forensic facility for
  103  defendants who have a mental illness or an intellectual
  104  disability.
  105         (ff)Section 985.701(1), relating to sexual misconduct
  106  against a juvenile offender.
  107         (gg)Any similar offense committed in this state which has
  108  been redesignated from a former statute number to one of those
  109  listed in this subsection.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete lines 6 - 19
  114  and insert:
  115         revising provisions relating to immediate suspension
  116         of licensure to apply to all health care
  117         practitioners; requiring the Department of Health to
  118         issue emergency orders to suspend health care
  119         practitioners’ licenses if they enter a criminal plea
  120         to, or are convicted or found guilty of, a felony
  121         relating to homicide or are arrested for committing or
  122         attempting, soliciting, or conspiring to commit acts
  123         that would constitute violations of specified criminal
  124         offenses; providing an effective date.