SESSION WATCH
THE BILL ITSELF

CS/HB 223

Naturopathic Medicine

VERSION H 223 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to naturopathic medicine; renaming ch.
3 462, F.S., as "Naturopathic Medicine"; creating s.
4 462.001, F.S.; providing legislative findings and
5 purpose; creating s. 462.002, F.S.; providing
6 applicability and construction; renumbering and
7 amending s. 462.01, F.S.; revising and providing
8 definitions; creating s. 462.004, F.S.; creating the
9 Board of Naturopathic Medicine within the Department
10 of Health; providing for membership of the board;
11 renumbering and amending s. 462.023, F.S.; authorizing
12 the board to adopt rules; deleting obsolete language;
13 creating s. 462.006, F.S.; prohibiting an unlicensed
14 person from practicing naturopathic medicine or using
15 specified titles or abbreviations; providing
16 construction; providing penalties; creating s.
17 462.007, F.S.; providing for licensure by examination
18 of naturopathic doctors; requiring the department and
19 the board to use an investigative process that meets
20 certain criteria; authorizing the State Surgeon
21 General or her or his designee to issue a 90-day
22 licensure delay under certain circumstances; providing
23 construction; prohibiting the board from certifying
24 for licensure certain applicants until a certain
25 investigation is completed; providing applicability;
26 authorizing the board to enter an order imposing
27 certain sanctions against or conditions on an
28 applicant under certain circumstances; creating s.
29 462.008, F.S.; providing for licensure by endorsement
30 of naturopathic doctors; renumbering and amending s.
31 462.08, F.S.; revising requirements for licensure
32 renewal for naturopathic doctors; requiring the
33 department to adopt rules; renumbering and amending s.
34 462.18, F.S.; revising continuing education
35 requirements for naturopathic doctors; requiring
36 naturopathic doctors to use the department's
37 electronic continuing education tracking system to
38 demonstrate compliance with continuing education
39 requirements; renumbering and amending s. 462.19,
40 F.S.; revising provisions related to reactivation of
41 inactive naturopathic doctor licenses; requiring the
42 board to adopt certain rules; renumbering and amending
43 s. 462.14, F.S.; revising grounds for disciplinary
44 action; repealing s. 462.17, F.S.; relating to penalty
45 for offenses relating to naturopathy; amending ss.
46 20.43, 381.0031, 468.301, 476.044, 477.0135, 485.003,
47 486.161, 627.351, 893.02, and 921.0022, F.S.;
48 conforming provisions to changes made by the act;
49 providing an effective date.
51 Be It Enacted by the Legislature of the State of Florida:
53 Section 1. Chapter 462, Florida Statutes, entitled
54 "Naturopathy," is redesignated as "Naturopathic Medicine." Section 2. Section 462.001, Florida Statutes, is created
56 to read:
57 462.001 Legislative findings; purpose.—The Legislature
58 finds that the interest of public health requires modernization
59 of regulation related to naturopathy in this state. Since 1927,
60 when Florida first regulated naturopathy, the profession and its
61 role within the healthcare industry have evolved including the
62 distinction that exists today between naturopathy and
63 naturopathic medicine, and this chapter reflects that evolution.
64 It is the intent of the Legislature to free naturopathy in this
65 state by removing the near total ban on the profession that has
66 been in place since 1959 by ensuring:
67 (1) Naturopathy is offered by naturopaths in this state.
68 (2) Naturopathic medicine is practiced in this state by
69 issuing licenses to naturopathic doctors who meet clear
70 standards of education and training, and who are held
71 accountable for safe practice.
72 Section 3. Section 462.002, Florida Statutes, is created
73 to read:
74 462.002 Exceptions.—
75 (1) This chapter does not apply to:
76 (a) Other duly licensed health care practitioners acting
77 within their respective scopes of practice, as authorized by
78 general law.
79 (b) Students practicing under the direct supervision of a
80 licensed naturopathic doctor as part of a preceptorship program
81 while enrolled in a college or university program that is
82 accredited by, or has candidacy status with, the Council on
83 Naturopathic Medical Education or an equivalent accrediting body
84 for the naturopathic medical profession which is recognized by
85 the United States Department of Education and the board.
86 (c) Naturopathic residents practicing under the direct
87 supervision of a licensed naturopathic doctor at a residency
88 site recognized by the Council on Naturopathic Medical Education
89 or by an equivalent accrediting body for the naturopathic
90 medical profession which is recognized by the United States
91 Department of Education or the board.
92 (d) A naturopathic doctor who holds an active license in
93 another jurisdiction of the United States or Canada and is
94 performing naturopathic procedures or demonstrating equipment or
95 supplies for educational purposes at a board-approved continuing
96 education program.
97 (e) The practice of the religious tenets of any church in
98 this state.
99 (f) The domestic administration of recognized family
100 remedies.
101 (2) This chapter does not prohibit:
102 (a) A person who sells a dietary supplement from providing
103 information about the dietary supplement.
104 (b) Any person:
105 1. Not licensed as a naturopathic doctor from employing in
106 his or her occupation Ayurveda, herbalism, homeopathy,
107 naturopathy as defined in s. 462.003, nutrition, traditional
108 Chinese medicine, or other natural therapy included as part of
109 the practice of naturopathic medicine, as defined in s. 462.003;
110 or
111 2. From using terms, including, but not limited to,
112 "certified naturopath," "naturopath," "naturopathy,"
113 "traditional naturopath," or "traditional naturopath," provided
114 that the person does not:
115 a. Use a title protected under s. 462.006; or
116 b. Represent or assume the character or appearance of a
117 person described in s. 462.006.
118 Section 4. Section 462.01, Florida Statutes, is renumbered
119 as section 462.003, Florida Statutes, and amended to read:
120 462.003 462.01 Definitions.—As used in this chapter, the
121 term:
122 (1) "Board" means the Board of Naturopathic Medicine.
123 (2) "Department" means the Department of Health.
124 (3)(a) "Naturopathic medicine" and "practice of
125 naturopathic medicine" mean the diagnosis, prevention, and
126 treatment by a naturopathic doctor of any deformity, disease,
127 injury, pain, or other physical or mental condition using
128 botanical or fungal extracts, clinical nutrition, counseling
129 techniques, dietary supplements, environmental medicine,
130 homeopathic remedies, imaging studies, laboratory testing,
131 lifestyle medicine, natural substances, physical exam, or
132 physical medicine in a manner consistent with the education
133 offered by naturopathic doctoral degree programs accredited by,
134 or having candidacy status with, the Council on Naturopathic
135 Medical Education or another accrediting agency recognized by
136 the United States Department of Education or the board, and
137 applied in a manner consistent with the principles of
138 naturopathic medicine and the naturopathic therapeutic order
139 defined herein.
140 (b) The term does not include any of the following:
141 1. Prescribing, dispensing, or administering any legend
142 drug or prescription drug outside of natural, non-pharmacologic
143 substances such as but not to limited vitamin B12.
144 2. Performing any surgical procedure.
145 3. Practicing or claiming to practice as a medical doctor
146 or physician, an osteopathic physician, a dentist, a podiatric
147 physician, an optometrist, a psychologist, a nurse practitioner,
148 a physician assistant, a chiropractic physician, a physical
149 therapist, an acupuncturist, a midwife, a licensed dietician, or
150 a health care practitioner as defined in s. 456.001.
151 4. Using general or spinal anesthetics.
152 5. Administering ionizing radioactive substances.
153 6. Performing chiropractic or osteopathic adjustments or
154 manipulations that include high–velocity thrusts at or beyond
155 the end range of normal joint motion, unless the naturopathic
156 doctor is also licensed as a chiropractic physician or an
157 osteopathic physician.
158 7. Performing acupuncture, unless the naturopathic doctor
159 is also licensed as an acupuncturist.
160 8. Managing labor and delivery, unless the naturopathic
161 doctor is also a licensed midwife.
162 (4) "Naturopathic doctor" means a person who is licensed
163 to practice naturopathic medicine under this chapter.
164 (5) "Naturopathic therapeutic order" means a principle
165 defined by the American Association of Naturopathic Physicians
166 to guide naturopathic doctors in resolving a patient's symptoms
167 and addressing the root cause of a patient's disease while using
168 the least therapeutic force necessary.
169 (6)(1) "Natureopathy" and "Naturopathy" is shall be
170 construed as synonymous with "traditional naturopathy" and is
171 understood to be distinct from naturopathic medicine, means the
172 traditional, non-invasive health practice offered by naturopaths
173 and traditional naturopaths focusing on education about natural
174 practices and substances that can be used to promote general
175 health and well-being terms and mean the use and practice of
176 psychological, mechanical, and material health sciences to aid
177 in purifying, cleansing, and normalizing human tissues for the
178 preservation or restoration of health, according to the
179 fundamental principles of anatomy, physiology, and applied
180 psychology, as may be required. Naturopathic practice employs,
181 among other agencies, phytotherapy, dietetics, psychotherapy,
182 suggestotherapy, hydrotherapy, zone therapy, biochemistry,
183 external applications, electrotherapy, mechanotherapy,
184 mechanical and electrical appliances, hygiene, first aid,
185 sanitation, and heliotherapy; provided, however, that nothing in
186 this chapter shall be held or construed to authorize any
187 naturopathic physician licensed hereunder to practice materia
188 medica or surgery or chiropractic medicine, nor shall the
189 provisions of this law in any manner apply to or affect the
190 practice of osteopathic medicine, chiropractic medicine,
191 Christian Science, or any other treatment authorized and
192 provided for by law for the cure or prevention of disease and
193 ailments.
194 (7) "Principles of naturopathic medicine" means the
195 foundations of naturopathic medical education and practice as
196 set forth by the American Association of Naturopathic Physicians
197 or the board and embodied in the education offered by
198 naturopathic doctoral degree programs accredited by, or having
199 candidacy status with, the Council on Naturopathic Medical
200 Education or another accrediting agency recognized by the United
201 States Department of Education or the board, and including all
202 of the following principles:
203 (a) The healing power of nature.
204 (b) Identify and treat the causes.
205 (c) First do no harm.
206 (d) Doctor as teacher.
207 (e) Treat the whole person.
208 (f) Prevention.
209 Section 5. Section 462.004, Florida Statutes, is created
210 to read:
211 462.004 Board of Naturopathic Medicine.—
212 (1) There is created within the department the Board of
213 Naturopathic Medicine, composed of seven members appointed by
214 the Governor and confirmed by the Senate.
215 (2)(a) Four members of the board must be licensed
216 naturopathic doctors who are residents of this state.
217 (b) Two members of the board must be physicians licensed
218 under chapter 458 or chapter 459 who are residents of this
219 state.
220 (c) One member must be a resident of this state who is
221 not, and has never been, licensed as a naturopathic doctor, an
222 osteopathic physician, a physician, or any other closely related
223 profession.
224 (d) At least one member must be 60 years of age or older.
225 (3) As the terms of the members expire, the Governor shall
226 appoint successors for terms of 4 years, and such members shall
227 serve until their successors are appointed.
228 (4) All provisions of chapter 456 relating to the board
229 shall apply. Section 6. Section 462.023, Florida Statutes, is
231 renumbered as section 462.005, Florida Statutes, and amended to
232 read:
233 462.005 462.023 Rulemaking authority; powers and duties of
234 the board department.—The board department may adopt such rules
235 pursuant to ss. 120.536(1) and 120.54 to implement the
236 provisions of this chapter conferring duties upon it as are
237 necessary to carry out the purposes of this chapter, initiate
238 disciplinary action as provided by this chapter, and shall
239 establish fees based on its estimates of the revenue required to
240 administer this chapter but shall not exceed the fee amounts
241 provided in this chapter. The department shall not adopt any
242 rules which would cause any person who was not licensed in
243 accordance with this chapter on July 1, 1959, and had not been a
244 resident of the state for 2 years prior to such date, to become
245 licensed.
246 Section 7. Section 462.006, Florida Statutes, is created
247 to read:
248 462.006 License required.—
249 (1) Unless licensed under this chapter, a person may not
250 practice naturopathic medicine in this state and may not
251 promote, identify, or describe herself or himself as a "doctor
252 of naturopathic medicine," or a "naturopathic doctor" or use the
253 post-nominals "N.D." or "N.M.D."
254 (2) A person who violates this section commits a
255 misdemeanor of the second degree, punishable as provided in s.
256 775.082 or s. 775.083.
257 Section 8. Section 462.007, Florida Statutes, is created
258 to read:
259 462.007 Licensure by examination.—
260 (1) Any person desiring to be licensed as a naturopathic
261 doctor must apply to the department on forms furnished by the
262 department. The department shall license each applicant who
263 completes the application form and who the board certifies has
264 met all of the following criteria:
265 (a) Is at least 21 years of age.
266 (b) Has received a bachelor's degree from one of the
267 following:
268 1. A college or university accredited by an accrediting
269 agency recognized by the United States Department of Education
270 or the Council for Higher Education Accreditation or its
271 successor entity recognized by the board;
272 2. A college or university in Canada which is a member of
273 Universities Canada or a successor entity recognized by the
274 board; or
275 3. A college or university in a foreign country, other
276 than Canada, when such applicant has provided evidence that her
277 or his educational credentials are deemed equivalent to those
278 provided in this country or Canada. To have educational
279 credentials deemed equivalent, the applicant must provide her or
280 his foreign educational credentials, including transcripts,
281 course descriptions or syllabi, and diplomas, to a nationally
282 recognized educational credential evaluating agency approved by
283 the board for the evaluation and determination of equivalency of
284 the foreign educational credentials.
285 (c) Has received a naturopathic doctoral degree from a
286 college or program accredited by, or having candidacy status
287 with, the Council on Naturopathic Medical Education or another
288 accrediting agency recognized by the United States Department of
289 Education or the board.
290 (d) Is physically and mentally fit to practice as a
291 naturopathic doctor.
292 (e) Is of good moral character.
293 (f) Submits to background screening in accordance with s.
294 456.0135.
295 (g) Has obtained a passing score on Part I - Biomedical
296 Science Examination and Part II - Core Clinical Science
297 Examination of the competency-based national Naturopathic
298 Physician Licensing Examination administered by the North
299 American Board of Naturopathic Examiners, or an equivalent
300 examination offered by an equivalent or successor entity, as
301 approved by the board.
302 (2) The department and the board shall ensure that
303 applicants for licensure satisfy the applicable criteria in this
304 section through an investigative process. If the investigative
305 process is not completed within the timeframe established in s.
306 120.60(1) and the department or board has reason to believe that
307 the applicant does not meet such criteria, the State Surgeon
308 General or her or his designee may issue a 90-day licensure
309 delay, which must be in writing and sufficient to notify the
310 applicant of the reason for the delay. This subsection prevails
311 over any conflicting provision of s. 120.60(1).
312 (3) The board may not certify to the department for
313 licensure any applicant who is under investigation in another
314 jurisdiction for an offense that would constitute a violation of
315 this chapter or chapter 456 until the investigation has been
316 completed.
317 (4) If the board determines that an applicant for
318 licensure has failed to meet, to the board's satisfaction, any
319 of the requirements of this section, the board may take one of
320 the following actions:
321 (a) Refusal to certify to the department an application
322 for licensure.
323 (b) Certification to the department of an application for
324 licensure with restrictions on the scope of practice of the
325 naturopathic doctor.
326 (c) Certification to the department of an application for
327 licensure with a probationary period for the applicant, subject
328 to such conditions as the board specifies, including, but not
329 limited to, requiring the naturopathic doctor to submit to
330 treatment, attend continuing education courses, submit to
331 reexamination, or work under the supervision of another
332 naturopathic doctor.
333 Section 9. Section 462.008, Florida Statutes, is created
334 to read:
335 462.008 Licensure by endorsement.—The department shall
336 issue a license to practice naturopathic medicine by endorsement
337 to an applicant who, upon applying to the department on forms
338 furnished by the department, the board certifies has met the
339 requirements for licensure by endorsement under s. 456.0145. Section 10. Section 462.08, Florida Statutes, is
341 renumbered as section 462.009, Florida Statutes, and amended to
342 read:
343 462.009 462.08 Renewal of license to practice naturopathic
344 medicine naturopathy.—
345 (1) In order to continue practicing naturopathic medicine
346 in this state, each licensed naturopathic doctor must
347 licenseholder shall biennially renew her or his license to
348 practice naturopathic medicine naturopathy. The applicant for
349 license renewal must furnish to the board department such
350 evidence as it requires of the applicant's compliance with s.
351 462.011 s. 462.18, relating to continuing education educational
352 requirements. The nonrefundable biennial renewal fee, the amount
353 of which shall be determined by the department but which may not
354 exceed $1,000, must be paid at the time the application for
355 renewal of the license is filed.
356 (2) The department shall adopt rules establishing
357 procedures for the biennial renewal of licenses under this
358 chapter.
359 Section 11. Section 462.18, Florida Statutes, is
360 renumbered as section 462.011, Florida Statutes, and amended to
361 read:
362 462.011 462.18 Continuing education Educational
363 requirements.—
364 (1) At the time each licensee renews shall renew her or
365 his license as otherwise provided in s. 462.009 this chapter,
366 each licensee must, in addition to the payment of the regular
367 renewal fee, shall furnish to the department satisfactory
368 evidence that, in the preceding biennial period, the licensee
369 has completed the continuing education requirements of this
370 section.
371 (2) The board shall require each licensee to complete at
372 least 60 hours of continuing education during each biennial
373 renewal period.
374 (a) The board shall approve organizations that accredit
375 naturopathic continuing education providers, including, but not
376 limited to, the American Association of Naturopathic Physicians,
377 and the North American Naturopathic Continuing Education
378 Accreditation Council.
379 (b) The determination of whether substitute continuing
380 education programs are permissible is solely within the
381 discretion of the board.
382 (3) The licensee must use the electronic continuing
383 education tracking system developed by the department under s.
384 456.0361 to demonstrate compliance with the continuing education
385 requirements of this section year preceding each such
386 application for renewal, the licensee has attended the 2-day
387 educational program as promulgated and conducted by the Florida
388 Naturopathic Physicians Association, Inc., or, as a substitute
389 therefor, the equivalent of that program as approved by the
390 department. The department shall send a written notice to this
391 effect to every person holding a valid license to practice
392 naturopathy within this state at least 30 days prior to May 1 in
393 each even-numbered year, directed to the last known address of
394 such licensee, and shall enclose with the notice proper blank
395 forms for application for annual license renewal. All of the
396 details and requirements of the aforesaid educational program
397 shall be adopted and prescribed by the department. In the event
398 of national emergencies, or for sufficient reason, the
399 department shall have the power to excuse the naturopathic
400 physicians as a group or as individuals from taking this
401 postgraduate course.
402 (2) The determination of whether a substitute annual
403 educational program is necessary shall be solely within the
404 discretion of the department. Section 12. Section 462.19, Florida Statutes, is
406 renumbered as section 462.012, Florida Statutes, and amended to
407 read:
408 462.012 462.19 Renewal of license; inactive status;
409 reactivation of license.—
410 (1) A licensee may reactivate an inactive license by
411 applying to the department.
412 (2) The board shall adopt rules relating to the
413 reactivation of licenses that have become inactive and the
414 renewal of inactive licenses. The rules must include continuing
415 education requirements as a condition for reactivating a
416 license. The continuing education requirements for reactivating
417 a license may not be fewer than 20 classroom hours for each year
418 the license was inactive.
419 (1) The department shall renew a license upon receipt of
420 the renewal application and fee.
421 (2) A licensee may request that her or his license be
422 placed in an inactive status by making application to the
423 department and paying a fee in an amount set by the department
424 not to exceed $50.
425 Section 13. Section 462.14, Florida Statutes, is
426 renumbered as section 462.017, Florida Statutes, and amended to
427 read:
428 462.017 462.14 Grounds for disciplinary action; action by
429 the department.—
430 (1) The following acts constitute grounds for denial of a
431 license or disciplinary action, as specified in s. 456.072(2):
432 (1)(a) Attempting to obtain, obtaining, or renewing a
433 license to practice naturopathic medicine by bribery, by
434 fraudulent misrepresentation, or through an error of the
435 department.
436 (2)(b) Having a license to practice naturopathic medicine
437 revoked, suspended, or otherwise acted against, including the
438 denial of licensure, by the licensing authority of another
439 state, territory, or country.
440 (3)(c) Being convicted or found guilty, regardless of
441 adjudication, of a crime in any jurisdiction which directly
442 relates to the practice of naturopathic medicine or to the
443 ability to practice naturopathic medicine. Any plea of nolo
444 contendere shall be considered a conviction for purposes of this
445 chapter.
446 (4)(d) False, deceptive, or misleading advertising related
447 to the practice of naturopathic medicine.
448 (5)(e) Advertising, practicing, or attempting to practice
449 under a name other than one's own.
450 (6)(f) Failing to report to the department any person who
451 the licensee knows is in violation of this chapter or of the
452 rules of the department. However, a person who the licensee
453 knows is unable to practice naturopathic medicine with
454 reasonable skill and safety to patients by reason of illness or
455 use of alcohol, drugs, narcotics, chemicals, or any other type
456 of material, or as a result of a mental or physical condition,
457 may be reported to a consultant operating an impaired
458 practitioner program as described in s. 456.076 rather than to
459 the department.
460 (7)(g) Aiding, assisting, procuring, employing, or
461 advising any unlicensed person to practice naturopathic medicine
462 contrary to this chapter or to a rule of the department.
463 (8)(h) Failing to perform any statutory or legal
464 obligation placed upon a licensed naturopathic doctor physician.
465 (9)(i) Making or filing a report which the licensee knows
466 to be false, intentionally or negligently failing to file a
467 report or record required by state or federal law, willfully
468 impeding or obstructing such filing or inducing another person
469 to do so. Such reports or records shall include only those which
470 are signed in the capacity as a licensed naturopathic doctor
471 physician.
472 (j) Paying or receiving any commission, bonus, kickback,
473 or rebate, or engaging in any split-fee arrangement in any form
474 whatsoever with a physician, organization, agency, or person,
475 either directly or indirectly, for patients referred to
476 providers of health care goods and services, including, but not
477 limited to, hospitals, nursing homes, clinical laboratories,
478 ambulatory surgical centers, or pharmacies. The provisions of
479 This paragraph shall not be construed to prevent a naturopathic
480 physician from receiving a fee for professional consultation
481 services.
482 (10)(k) Exercising influence within a patient-physician
483 relationship for purposes of engaging a patient in sexual
484 activity. A patient is shall be presumed to be incapable of
485 giving free, full, and informed consent to sexual activity with
486 her or his naturopathic doctor physician.
487 (l) Making deceptive, untrue, or fraudulent
488 representations in the practice of naturopathic medicine or
489 employing a trick or scheme in the practice of naturopathic
490 medicine when such scheme or trick fails to conform to the
491 generally prevailing standards of treatment in the medical
492 community.
493 (m) Soliciting patients, either personally or through an
494 agent, through the use of fraud, intimidation, undue influence,
495 or a form of overreaching or vexatious conduct. A "solicitation"
496 is any communication which directly or implicitly requests an
497 immediate oral response from the recipient.
498 (11)(n) Failing to keep written medical records justifying
499 the course of treatment of the patient, including, but not
500 limited to, patient histories, examination results, test
501 results, X rays, and records of the prescribing, dispensing and
502 administering of drugs.
503 (12)(o) Exercising influence on the patient or client in
504 such a manner as to exploit the patient or client for the
505 financial gain of the licensee or of a third party, which shall
506 include, but not be limited to, the promoting or selling of
507 services, goods, appliances, or drugs and the promoting or
508 advertising on any prescription form of a community pharmacy
509 unless the form also states "This prescription may be filled at
510 any pharmacy of your choice."
511 (p) Performing professional services which have not been
512 duly authorized by the patient or client, or her or his legal
513 representative, except as provided in s. 743.064, s. 766.103, or
514 s. 768.13.
515 (q) Prescribing, dispensing, administering, mixing, or
516 otherwise preparing a legend drug, including any controlled
517 substance, other than in the course of the naturopathic
518 physician's professional practice. For the purposes of this
519 paragraph, it shall be legally presumed that prescribing,
520 dispensing, administering, mixing, or otherwise preparing legend
521 drugs, including all controlled substances, inappropriately or
522 in excessive or inappropriate quantities is not in the best
523 interest of the patient and is not in the course of the
524 naturopathic physician's professional practice, without regard
525 to her or his intent.
526 (r) Prescribing, dispensing, or administering any
527 medicinal drug appearing on any schedule set forth in chapter
528 893 by the naturopathic physician to herself or himself, except
529 one prescribed, dispensed, or administered to the naturopathic
530 physician by another practitioner authorized to prescribe,
531 dispense, or administer medicinal drugs.
532 (13)(s) Being unable to practice naturopathic medicine
533 with reasonable skill and safety to patients by reason of
534 illness or use of alcohol, drugs, narcotics, chemicals, or any
535 other type of material or as a result of any mental or physical
536 condition. In enforcing this paragraph, the department shall
537 have, upon a finding of the State Surgeon General or the State
538 Surgeon General's designee that probable cause exists to believe
539 that the licensee is unable to serve as a naturopathic doctor
540 due to the reasons stated in this paragraph, the department
541 shall have the authority to issue an order to compel the
542 licensee, authority to compel a naturopathic physician to submit
543 to a mental or physical examination by a physician physicians
544 designated by the department. If the licensee does not comply
545 with such order, the department's order directing failure of a
546 naturopathic physician to submit to such an examination may be
547 enforced by filing a petition for enforcement in the circuit
548 court for the county in which the naturopathic doctor resides or
549 does business. The naturopathic doctor against whom the petition
550 is filed may not be named or identified by initials in any
551 public court record or document, and the proceedings must be
552 closed to the public. The department is entitled to the summary
553 procedure provided in s. 51.011 when so directed shall
554 constitute an admission of the allegations against her or him
555 upon which a default and final order may be entered without the
556 taking of testimony or presentation of evidence, unless the
557 failure was due to circumstances beyond the naturopathic
558 physician's control. A naturopathic doctor subject to an order
559 issued physician affected under this paragraph must, shall at
560 reasonable intervals, be afforded an opportunity to demonstrate
561 that she or he can resume the competent practice of naturopathic
562 medicine with reasonable skill and safety to patients. In any
563 proceeding under this paragraph, neither the record of
564 proceedings nor the orders entered by the department may be used
565 against a naturopathic doctor physician in any other proceeding.
566 (14)(t) Gross or repeated malpractice or the failure to
567 practice naturopathic medicine with that level of care, skill,
568 and treatment which is recognized by a reasonably prudent
569 similar physician as being acceptable under similar conditions
570 and circumstances. The department shall give great weight to the
571 provisions of s. 766.102 when enforcing this paragraph.
572 (u) Performing any procedure or prescribing any therapy
573 which, by the prevailing standards of medical practice in the
574 community, constitutes experimentation on a human subject,
575 without first obtaining full, informed, and written consent.
576 (15)(v) Practicing or offering to practice beyond the
577 scope permitted by law or accepting and performing professional
578 responsibilities which the licensee knows or has reason to know
579 that she or he is not competent to perform.
580 (16)(w) Delegating professional responsibilities to a
581 person when the licensee delegating such responsibilities knows
582 or has reason to know that such person is not qualified by
583 training, experience, or licensure to perform them.
584 (17)(x) Violating a lawful order of the board or the
585 department previously entered in a disciplinary hearing or
586 failing to comply with a lawfully issued subpoena of the board
587 or department.
588 (18)(y) Conspiring with another licensee or with any other
589 person to commit an act, or committing an act, which would tend
590 to coerce, intimidate, or preclude another licensee from
591 lawfully advertising her or his services.
592 (19) Fraud or deceit or gross negligence, incompetence, or
593 misconduct in the operation of a course of study.
594 (z) Procuring, or aiding or abetting in the procuring of,
595 an unlawful termination of pregnancy.
596 (aa) Presigning blank prescription forms.
597 (bb) Prescribing by the naturopathic physician for office
598 use any medicinal drug appearing on Schedule II in chapter 893.
599 (cc) Prescribing, ordering, dispensing, administering,
600 supplying, selling, or giving any drug which is an amphetamine
601 or sympathomimetic amine drug, or a compound designated pursuant
602 to chapter 893 as a Schedule II controlled substance to or for
603 any person except for:
604 1. The treatment of narcolepsy; hyperkinesis; behavioral
605 syndrome in children characterized by the developmentally
606 inappropriate symptoms of moderate to severe distractability,
607 short attention span, hyperactivity, emotional lability, and
608 impulsivity; or drug-induced brain dysfunction.
609 2. The differential diagnostic psychiatric evaluation of
610 depression or the treatment of depression shown to be refractory
611 to other therapeutic modalities.
612 3. The clinical investigation of the effects of such drugs
613 or compounds when an investigative protocol therefor is
614 submitted to, reviewed, and approved by the department before
615 such investigation is begun.
616 (dd) Prescribing, ordering, dispensing, administering,
617 supplying, selling, or giving growth hormones, testosterone or
618 its analogs, human chorionic gonadotropin (HCG), or other
619 hormones for the purpose of muscle building or to enhance
620 athletic performance. For the purposes of this subsection, the
621 term "muscle building" does not include the treatment of injured
622 muscle. A prescription written for the drug products listed
623 above may be dispensed by the pharmacist with the presumption
624 that the prescription is for legitimate medical use.
625 (20) Failing to comply with state, county, or municipal
626 regulations or reporting requirements relating to public health
627 and the control of contagious and infectious diseases.
628 (21)(ee) Violating any provision of this chapter or
629 chapter 456, or any rule rules adopted pursuant thereto.
630 (2) The department may enter an order denying licensure or
631 imposing any of the penalties in s. 456.072(2) against any
632 applicant for licensure or licensee who is found guilty of
633 violating any provision of subsection (1) of this section or who
634 is found guilty of violating any provision of s. 456.072(1).
635 (3) The department shall not reinstate the license of a
636 naturopathic physician until such time as the department is
637 satisfied that such person has complied with all the terms and
638 conditions set forth in the final order and that such person is
639 capable of safely engaging in the practice of naturopathic
640 medicine.
641 (4) The department shall by rule establish guidelines for
642 the disposition of disciplinary cases involving specific types
643 of violations. Such guidelines may include minimum and maximum
644 fines, periods of supervision or probation, or conditions of
645 probation or reissuance of a license.
646 Section 14. Section 462.17, Florida Statutes, is repealed.
647 Section 15. Paragraph (g) of subsection (3) of section
648 20.43, Florida Statutes, is amended to read:
649 20.43 Department of Health.—There is created a Department
650 of Health.
651 (3) The following divisions of the Department of Health
652 are established:
653 (g) Division of Medical Quality Assurance, which is
654 responsible for the following boards and professions established
655 within the division:
656 1. The Board of Acupuncture, created under chapter 457.
657 2. The Board of Medicine, created under chapter 458.
658 3. The Board of Osteopathic Medicine, created under
659 chapter 459.
660 4. The Board of Chiropractic Medicine, created under
661 chapter 460.
662 5. The Board of Podiatric Medicine, created under chapter
663 461.
664 6. Naturopathic Medicine Naturopathy, as provided under
665 chapter 462.
666 7. The Board of Optometry, created under chapter 463.
667 8. The Board of Nursing, created under part I of chapter
668 464.
669 9. Nursing assistants, as provided under part II of
670 chapter 464.
671 10. The Board of Pharmacy, created under chapter 465.
672 11. The Board of Dentistry, created under chapter 466.
673 12. Midwifery, as provided under chapter 467.
674 13. The Board of Speech-Language Pathology and Audiology,
675 created under part I of chapter 468.
676 14. The Board of Nursing Home Administrators, created
677 under part II of chapter 468.
678 15. The Board of Occupational Therapy, created under part
679 III of chapter 468.
680 16. Respiratory therapy, as provided under part V of
681 chapter 468.
682 17. Dietetics and nutrition practice, as provided under
683 part X of chapter 468.
684 18. The Board of Athletic Training, created under part
685 XIII of chapter 468.
686 19. The Board of Orthotists and Prosthetists, created
687 under part XIV of chapter 468.
688 20. Electrolysis, as provided under chapter 478.
689 21. The Board of Massage Therapy, created under chapter
690 480.
691 22. The Board of Clinical Laboratory Personnel, created
692 under part I of chapter 483.
693 23. Medical physicists, as provided under part II of
694 chapter 483.
695 24. The Board of Opticianry, created under part I of
696 chapter 484.
697 25. The Board of Hearing Aid Specialists, created under
698 part II of chapter 484.
699 26. The Board of Physical Therapy Practice, created under
700 chapter 486.
701 27. The Board of Psychology, created under chapter 490.
702 28. School psychologists, as provided under chapter 490.
703 29. The Board of Clinical Social Work, Marriage and Family
704 Therapy, and Mental Health Counseling, created under chapter
705 491.
706 30. Emergency medical technicians and paramedics, as
707 provided under part III of chapter 401.
708 Section 16. Subsection (2) of section 381.0031, Florida
709 Statutes, is amended to read:
710 381.0031 Epidemiological research; report of diseases of
711 public health significance to department.—
712 (2) Any practitioner licensed in this state to practice
713 medicine, osteopathic medicine, chiropractic medicine,
714 naturopathic medicine naturopathy, or veterinary medicine; any
715 licensed pharmacist authorized under a protocol with a
716 supervising physician under s. 465.1895, or a collaborative
717 pharmacy practice agreement, as defined in s. 465.1865, to
718 perform or order and evaluate laboratory and clinical tests; any
719 hospital licensed under part I of chapter 395; or any laboratory
720 appropriately certified by the Centers for Medicare and Medicaid
721 Services under the federal Clinical Laboratory Improvement
722 Amendments and the federal rules adopted thereunder which
723 diagnoses or suspects the existence of a disease of public
724 health significance shall immediately report the fact to the
725 Department of Health.
726 Section 17. Subsection (11) of section 468.301, Florida
727 Statutes, is amended to read:
728 468.301 Definitions.—As used in this part, the term:
729 (11) "Licensed practitioner" means a person who is
730 licensed or otherwise authorized by law to practice medicine,
731 podiatric medicine, chiropody, osteopathic medicine,
732 naturopathic medicine naturopathy, or chiropractic medicine in
733 this state.
734 Section 18. Subsection (1) of section 476.044, Florida
735 Statutes, is amended to read:
736 476.044 Exemptions.—This chapter does not apply to the
737 following persons when practicing pursuant to their professional
738 responsibilities and duties:
739 (1) Persons authorized under the laws of this state to
740 practice medicine, surgery, osteopathic medicine, chiropractic
741 medicine, naturopathic medicine naturopathy, or podiatric
742 medicine;
743 Section 19. Paragraph (a) of subsection (1) of section
744 477.0135, Florida Statutes, is amended to read:
745 477.0135 Exemptions.—
746 (1) This chapter does not apply to the following persons
747 when practicing pursuant to their professional or occupational
748 responsibilities and duties:
749 (a) Persons authorized under the laws of this state to
750 practice medicine, surgery, osteopathic medicine, chiropractic
751 medicine, massage therapy, naturopathic medicine naturopathy, or
752 podiatric medicine.
753 Section 20. Subsections (2) and (3) of section 485.003,
754 Florida Statutes, are amended to read:
755 485.003 Definitions.—In construing this chapter, the
756 words, phrases, or terms, unless the context otherwise
757 indicates, shall have the following meanings:
758 (2) "Healing arts" shall mean the practice of medicine,
759 surgery, psychiatry, dentistry, osteopathic medicine,
760 chiropractic medicine, naturopathic medicine naturopathy,
761 podiatric medicine, chiropody, psychology, clinical social work,
762 marriage and family therapy, mental health counseling, and
763 optometry.
764 (3) "Practitioner of the healing arts" shall mean a person
765 licensed under the laws of the state to practice medicine,
766 surgery, psychiatry, dentistry, osteopathic medicine,
767 chiropractic medicine, naturopathic medicine naturopathy,
768 podiatric medicine, chiropody, psychology, clinical social work,
769 marriage and family therapy, mental health counseling, or
770 optometry within the scope of his or her professional training
771 and competence and within the purview of the statutes applicable
772 to his or her respective profession, and who may refer a patient
773 for treatment by a qualified person, who shall employ hypnotic
774 techniques under the supervision, direction, prescription, and
775 responsibility of such referring practitioner.
776 Section 21. Subsection (1) of section 486.161, Florida
777 Statutes, is amended to read:
778 486.161 Exemptions.—
779 (1) No provision of This chapter does not shall be
780 construed to prohibit any person licensed in this state from
781 using any physical agent as a part of, or incidental to, the
782 lawful practice of her or his profession under the statutes
783 applicable to the profession of chiropractic physician,
784 podiatric physician, doctor of medicine, massage therapist,
785 nurse, osteopathic physician or surgeon, occupational therapist,
786 or naturopathic doctor naturopath.
787 Section 22. Paragraph (h) of subsection (4) of section
788 627.351, Florida Statutes, is amended to read:
789 627.351 Insurance risk apportionment plans.—
790 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
791 CONTRACTS AND PURCHASES.—
792 (h) As used in this subsection:
793 1. "Health care provider" means hospitals licensed under
794 chapter 395; physicians licensed under chapter 458; osteopathic
795 physicians licensed under chapter 459; podiatric physicians
796 licensed under chapter 461; dentists licensed under chapter 466;
797 chiropractic physicians licensed under chapter 460; naturopathic
798 doctors naturopaths licensed under chapter 462; nurses licensed
799 under part I of chapter 464; midwives licensed under chapter
800 467; physician assistants licensed under chapter 458 or chapter
801 459; physical therapists and physical therapist assistants
802 licensed under chapter 486; health maintenance organizations
803 certificated under part I of chapter 641; ambulatory surgical
804 centers licensed under chapter 395; other medical facilities as
805 defined in subparagraph 2.; blood banks, plasma centers,
806 industrial clinics, and renal dialysis facilities; or
807 professional associations, partnerships, corporations, joint
808 ventures, or other associations for professional activity by
809 health care providers.
810 2. "Other medical facility" means a facility the primary
811 purpose of which is to provide human medical diagnostic services
812 or a facility providing nonsurgical human medical treatment, to
813 which facility the patient is admitted and from which facility
814 the patient is discharged within the same working day, and which
815 facility is not part of a hospital. However, a facility existing
816 for the primary purpose of performing terminations of pregnancy
817 or an office maintained by a physician or dentist for the
818 practice of medicine may not be construed to be an "other
819 medical facility."
820 3. "Health care facility" means any hospital licensed
821 under chapter 395, health maintenance organization certificated
822 under part I of chapter 641, ambulatory surgical center licensed
823 under chapter 395, or other medical facility as defined in
824 subparagraph 2.
825 Section 23. Subsection (23) of section 893.02, Florida
826 Statutes, is amended to read:
827 893.02 Definitions.—The following words and phrases as
828 used in this chapter shall have the following meanings, unless
829 the context otherwise requires:
830 (23) "Practitioner" means a physician licensed under
831 chapter 458, a dentist licensed under chapter 466, a
832 veterinarian licensed under chapter 474, an osteopathic
833 physician licensed under chapter 459, an advanced practice
834 registered nurse licensed under chapter 464, a naturopathic
835 doctor naturopath licensed under chapter 462, a certified
836 optometrist licensed under chapter 463, a psychiatric nurse as
837 defined in s. 394.455, a podiatric physician licensed under
838 chapter 461, or a physician assistant licensed under chapter 458
839 or chapter 459, provided such practitioner holds a valid federal
840 controlled substance registry number.
841 Section 24. Paragraph (g) of subsection (3) of section
842 921.0022, Florida Statutes, is amended to read:
843 921.0022 Criminal Punishment Code; offense severity
844 ranking chart.—
845 (3) OFFENSE SEVERITY RANKING CHART
846 (g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 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. 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920 3rd Medicaid provider fraud; (2)(b)1.a. $10,000 or less. 409.920 2nd Medicaid provider fraud; more (2)(b)1.b. than $10,000, but less than $50,000. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 483.901(7) 3rd Practicing medical physics without a license. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 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. 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. 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(7) 3rd Aggravated stalking; violation of court order. 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 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. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 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. 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 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. 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. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 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. 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2)(a) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 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. 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 838.015 2nd Bribery. 838.016 2nd Unlawful compensation or reward for official behavior. 838.021(3)(a) 2nd Unlawful harm to a public servant. 838.22 2nd Bid tampering. 843.0855(2) 3rd Impersonation of a public officer or employee. 843.0855(3) 3rd Unlawful simulation of legal process. 843.0855(4) 3rd Intimidation of a public officer or employee. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 872.06 2nd Abuse of a dead human body. 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 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.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 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., within 1,000 feet of property used for religious services or a specified business site. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 893.135 1st Trafficking in cocaine, more (1)(b)1.a. than 28 grams, less than 200 grams. 893.135 1st Trafficking in illegal drugs, (1)(c)1.a. more than 4 grams, less than 14 grams. 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a. grams or more, less than 50 grams. 893.135 1st Trafficking in hydrocodone, 50 (1)(c)2.b. grams or more, less than 100 grams. 893.135 1st Trafficking in oxycodone, 7 (1)(c)3.a. grams or more, less than 14 grams. 893.135 1st Trafficking in oxycodone, 14 (1)(c)3.b. grams or more, less than 25 grams. 893.135 1st Trafficking in fentanyl, 4 (1)(c)4.b.(I) grams or more, less than 14 grams. 893.135 1st Trafficking in phencyclidine, (1)(d)1.a. 28 grams or more, less than 200 grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 893.135 1st Trafficking in flunitrazepam, 4 (1)(g)1.a. grams or more, less than 14 grams. 893.135 1st Trafficking in gamma- (1)(h)1.a. hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in 1,4-Butanediol, (1)(j)1.a. 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.a. 10 grams or more, less than 200 grams. 893.135 1st Trafficking in synthetic (1)(m)2.a. cannabinoids, 280 grams or more, less than 500 grams. 893.135 1st Trafficking in synthetic (1)(m)2.b. cannabinoids, 500 grams or more, less than 1,000 grams. 893.135 1st Trafficking in n-benzyl (1)(n)2.a. phenethylamines, 14 grams or more, less than 100 grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
990 Section 25. This act shall take effect December 31, 2026.