SB 8 — Controlled Substances

A plan may contract with a new hospital facility before the date the hospital becomes operational if the hospital has commenced construction, will be licensed and operational by January 1, 2013, and a final order has issued in any civil or administrative challenge.

Each plan shall establish and maintain an accurate and complete electronic database of contracted providers, including information about licensure or registration, locations and hours of operation, specialty credentials and other certifications, specific performance indicators, and such other information as the agency deems necessary.

The database must be available online to both the agency and the public and have the capability to compare the availability of providers to network adequacy standards and to accept and display feedback from each provider’s patients.

Each plan shall submit quarterly reports to the agency identifying the number of enrollees assigned to each primary care provider.

2. Each managed care plan must publish any prescribed drug formulary or preferred drug list on the plan’s website in a manner that is accessible to and searchable by enrollees and providers.

The plan must update the list within 24 hours after making a change.

Each plan must ensure that the prior authorization process for prescribed drugs is readily accessible to health care providers, including posting appropriate contact information on its website and providing timely responses to providers.

For Medicaid recipients diagnosed with hemophilia who have been prescribed anti-hemophilic-factor replacement products, the agency shall provide for those products and hemophilia overlay services through the agency’s hemophilia disease management program.

3. Managed care plans, and their fiscal agents or intermediaries, must accept prior authorization requests for any service electronically.

4. Managed care plans, and their fiscal agents and intermediaries, may not implement, manage, or require a prior authorization process or step therapy procedures and may not impose any other conditions on recipients as a prerequisite to receiving medication-assisted treatment (MAT) services, as defined in s.

397.311, to treat substance abuse disorders.

5. Managed care plans serving children in the care and custody of the Department of Children and Families must maintain complete medical, dental, and behavioral health encounter information and participate in making such information available to the department or the applicable contracted community-based care lead agency for use in providing comprehensive and coordinated case management.

The agency and the department shall establish an interagency agreement to provide guidance for the format, confidentiality, recipient, scope, and method of information to be made available and the deadlines for submission of the data.

The scope of information available to the department shall be the data that managed care plans are required to submit to the agency.

The agency shall determine the plan’s compliance with standards for access to medical, dental, and behavioral health services;

the use of medications;

and followup on all medically necessary services recommended as a result of early and periodic screening, diagnosis, and treatment.

Section 2. Section 456.0301, Florida Statutes, is created to read:

822 to complete a board-approved 2-hour continuing education course on prescribing controlled substances as part of biennial license renewal.

The course must include information on the current standards regarding for prescribing controlled substances, particularly opiates,opiates; alternatives to these standards, and information on the risks of opioid addiction following all stages of treatment in the management of acute pain.

alternatives to these standards;

and information on the risks of opioid addiction following all stages of treatment in the management of acute pain.

The department may not renew the license of any prescriber registered with the United States Drug Enforcement Administration to prescribe controlled substances thatwho has failed to complete the course.

When required by this paragraph, the course shallmust be completed by January 31, 2019, and at each subsequent renewal.

(b) Each such licensee shall submit confirmation of having completed such course when applying for biennial license renewal.

(c) Each licensing board that requires a licensee to complete an educational course pursuant to this subsection may include the hours required for completion of the course in the total hours of continuing education required by law for such profession unless the continuing education requirements for such profession consist of fewer than 30 hours biennially.

Section 2. Paragraph3. Paragraph (gg) of subsection (1) of section 456.072, Florida Statutes, is amended to read:

Section 3. Paragraphs4. Paragraphs (a) through (g) of subsection (1) of section 456.44, Florida Statutes, are redesignated as paragraphs (b) through (h), respectively, a new paragraph (a) is added to that subsection, subsection (3) is amended, and subsections (4) and (5) are added to that section, to read:

280374 This subsection does not apply to a board-eligible or board certified anesthesiologist, physiatrist, rheumatologist, or neurologist, or to a board-certified physician who has surgical privileges at a hospital or ambulatory surgery center and primarily provides surgical services.

(4) STANDARDS OF PRACTICE FOR TREATMENT OF ACUTE PAIN.—The departmentapplicable boards shall adopt rules establishing guidelines for prescribing controlled substances for acute pain, including evaluation of the patient, creation and maintenance of a treatment plan, obtaining informed consent and agreement for treatment, periodic review of the treatment plan, consultation, medical record review, and compliance with controlled substance laws and regulations.

(5) PRESCRIPTION SUPPLY.- (a) Except as provided in paragraph (b), a prescription for an opioid drug listed as a Schedule II opioid,controlled assubstance defined in s.

812, for the treatment of acute pain mustmay not exceed a 3-day supply.

(b) An(b) Up up to a 7-day supply of an opioid described in paragraph (a) may be prescribed if:

Section 4. Effective5. Effective January 1, 2019, subsections (2) through (5) of section 458.3265, Florida Statutes, are renumbered as subsections (3) through (6), respectively, paragraphs (a) and (g) of subsection (1), paragraph (a) of present subsection (2), paragraph (a) of present subsection (3),(3) and paragraph (a) of present subsection (4) of that section, are amended, and a new subsection (2) is added to that section, to read:

(2) CERTIFICATE OF EXEMPTION.- (a) A pain management clinic claiming an exemption from the registration requirements of subsection (1),(1) must apply for a certificate of exemption on a form adopted in rule by the department.

The form shallmust require the applicant to provide:

(b) Within(b) The 30department daysmust afterapprove or deny the receiptapplication ofwithin a30 completedays application,after the departmentreceipt mustof approvea orcomplete deny the application.

(e) A new certificate of exemption is notrequired movablefor ora change of address and is not transferable.

A certificate of exemption is valid only for the applicant, qualifying owners, licenses, registrations, certifications, and services provided under a specific statutory exemption and is valid only to the specific exemption claimed and granted. granted. (f) A certificateholder must notify the department at least 60 days before any anticipated relocation or name change of the pain management clinic or a change of ownership.

(g) If(f) A acertificateholder painmust managementnotify clinicthe nodepartment longerat qualifiesleast for60 adays certificatebefore ofany exemption,anticipated therelocation certificateholderor mustname immediatelychange notifyof the department and register as a pain management clinic underor subsectiona (1).change of ownership.

(g) If a pain management clinic no longer qualifies for a certificate of exemption, the certificateholder must notify the department within 3 days after becoming aware that the clinic no longer qualifies for a certificate of exemption and register as a pain management clinic under subsection (1) or cease operations.

Section 5. Effective6. Effective January 1, 2019, subsections (2) through (5) of section 459.0137, Florida Statutes, are renumbered as subsections (3) through (6), respectively, paragraphs (a) and (g) of subsection (1), paragraph (a) of present subsection (2), paragraph (a) of present subsection (3),(3) and paragraph (a) of present subsection (4) of that section, are amended, and a new subsection (2) is added to that section, to read:

(2) CERTIFICATE OF EXEMPTION.- (a) A pain management clinic claiming an exemption from the registration requirements of subsection (1),(1) must apply for a certificate of exemption on a form adopted in rule by the department.

(e) A new certificate of exemption is notrequired movablefor ora change of address and is not transferable.

A certificate of exemption is valid only for the applicant, qualifying owners, licenses, registrations, certifications, and services provided under a specific statutory exemption and is valid only to the specific exemption claimed and granted. granted. (f) A certificateholder must notify the department at least 60 days before any anticipated relocation or name change of the pain management clinic or a change of ownership.

(g) If(f) A acertificateholder painmust managementnotify clinicthe nodepartment longerat qualifiesleast for60 adays certificatebefore ofany exemption,anticipated therelocation certificateholderor mustname immediatelychange notifyof the department and register as a pain management clinic underor subsectiona (1).change of ownership.

(g) If a pain management clinic no longer qualifies for a certificate of exemption, the certificateholder must notify the department within 3 days after becoming aware that the clinic no longer qualifies for a certificate of exemption and register as a pain management clinic under subsection (1) or cease operations.

Section 6. Section7. Section 465.0155, Florida Statutes, is amended to read:

Section 7. Paragraph8. Paragraph (b) of subsection (1) of section 465.0276, Florida Statutes, is amended, and paragraph (d) is added to subsection (2) of sectionthat 465.0276,section, Florida Statutes, to read:

465.0276 Dispensing practitioner.— (2) A(1) (b) A practitioner whoregistered dispensesunder medicinalthis drugssection formay humannot consumptiondispense fora feecontrolled orsubstance remunerationlisted ofin anySchedule kind,II whetheror directSchedule orIII indirect,as must:provided in s.

893.03.

This paragraph does not apply to:

1. The dispensing of complimentary packages of medicinal drugs which are labeled as a drug sample or complimentary drug as defined in s.

499.028 to the practitioner’s own patients in the regular course of her or his practice without the payment of a fee or remuneration of any kind, whether direct or indirect, as provided in subsection (4).

2. The dispensing of controlled substances in the health care system of the Department of Corrections.

3. The dispensing of a controlled substance listed in Schedule II or Schedule III in connection with the performance of a surgical procedure.

a. For a controlled substance listed in Schedule II, the amount dispensed pursuant to this subparagraph may not exceed a 3-day supply unless the criteria in s.

456.44(5)(b) are met, in which case the amount dispensed may not exceed a 7-day supply.

b. For a controlled substance listed in Schedule III, the amount dispensed pursuant to this the subparagraph may not exceed a 14-day supply.

c. The exception in this subparagraph exception does not allow for the dispensing of a controlled substance listed in Schedule II or Schedule III more than 14 days after the performance of the surgical procedure.

d. For purposes of this subparagraph, the term “surgical procedure” means any procedure in any setting which involves, or reasonably should involve:

(I)a. Perioperative medication and sedation that allows the patient to tolerate unpleasant procedures while maintaining adequate cardiorespiratory function and the ability to respond purposefully to verbal or tactile stimulation and makes intra- and postoperative monitoring necessary;

or (II)b. The use of general anesthesia or major conduction anesthesia and preoperative sedation.

4. The dispensing of a controlled substance listed in Schedule II or Schedule III pursuant to an approved clinical trial.

For purposes of this subparagraph, the term “approved clinical trial” means a clinical research study or clinical investigation that, in whole or in part, is state or federally funded or is conducted under an investigational new drug application that is reviewed by the United States Food and Drug Administration.

5. The dispensing of methadone in a facility licensed under s.

397.427 where medication-assisted treatment for opiate addiction is provided.

6. The dispensing of a controlled substance listed in Schedule II or Schedule III to a patient of a facility licensed under part IV of chapter 400.

7. The dispensing of controlled substances listed in Schedule II or Schedule III which have been approved by the United States Food and Drug Administration for the purpose of treating opiate addiction including, but not limited to, buprenorphine and buprenorphine combination products, by a practitioner authorized under 21 U.S.C.

823, as amended, to the practitioner’s own patients for the medication-assisted treatment of opiate addiction.

(2) A practitioner who dispenses medicinal drugs for human consumption for fee or remuneration of any kind, whether direct or indirect, must:

Section 8. Subsections9. Subsection (2),(5) (3),is (4),added andto (5) of section 893.03,627.42392, Florida Statutes, are amended to read:

627.42392 Prior authorization.— (5) A health insurer may not require a prior authorization process or step therapy procedure or impose any other conditions on insureds as a prerequisite to receiving medication-assisted treatment (MAT) services, as defined in s.

397.311, to treat substance abuse disorders.

Section 10. Subsections (2), (3), (4), and (5) of section 893.03, Florida Statutes, are amended to read:

829996 For purposes of charging a person with a violation of s.

(a) Substances controlled in Schedule V include any compound, mixture, or preparation containing any of the following limited quantities of controlled substances, which must shall include one or more active medicinal ingredients that which are not controlled substances in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the controlled substance alone:

7. Brivaracetam.(b) Unless a specific exception exists or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is controlled in Schedule V:

8. Ezogabine.1. Brivaracetam.

9. Lacosamide.2. Ezogabine.

10. Pregabalin.3. Lacosamide.

(b) Narcotic4. Pregabalin Narcotic drugs.

(b)(c) Stimulants.(c) Stimulants.

Section 9. Section11. Section 893.055, Florida Statutes, is amended to read:

(a) “Administration”(a) “Active investigation” means thean obtaininginvestigation andthat givingis ofbeing conducted with a singlereasonable, dosegood faith belief that it could lead to the filing of medicinaladministrative, drugscivil, byor acriminal legallyproceedings, authorizedor personthat tois aongoing patientand continuing and for herwhich there is a reasonable, good faith anticipation of securing an arrest or hisprosecution consumption.in the foreseeable future.

(b) “Active(b) “Administration” investigation” means anthe investigationobtaining thatand isgiving beingof conducted with a reasonable,single gooddose faith belief that it could lead to the filing of administrative,a civil,controlled orsubstance criminalby proceedings,a orlegally thatauthorized isperson ongoingto anda continuingpatient and for whichher there is a reasonable, good faith anticipation of securing an arrest or prosecutionhis inconsumption. the foreseeable future.

(d) “Dispense” means the transfer of possession of one or more doses of a medicinalcontrolled drugsubstance by a healthdispenser care practitioner to the ultimate consumer or to his or her agent.

(e) “Dispenser” means a dispensing health care practitionerpractitioner, pharmacy, or pharmacist licensed to dispense medicinalcontrolled drugssubstances in or into this state.

(g) “Health care regulatory board” meanshas anythe boardsame ormeaning commission as defined in s.

(h) “Law enforcement agency” means the Department of Law Enforcement, a sheriff’s office in this state, a police department in this state, or a law enforcement agency of the Federal Government which enforces the laws of this state or the United States relating to controlled substances,substances and whichwhose its agents and officers are empowered by law to conduct criminal investigations and make arrests.

(i) “Pharmacy” includes a community pharmacy, an institutional pharmacy, a nuclear pharmacy, a special pharmacy, or an Internet pharmacy that is licensed by the department under chapter 465 and that dispenses or delivers medicinal drugs, including controlled substances to an individual or address in this state.

(j) “Prescriber” means a prescribing physician, prescribing practitioner, or other prescribing health care practitioner authorized by the laws of this state to order medicinalcontrolled drugs.substances.

(2)(a) The department shall maintain an electronic system to collect and store controlled substance dispensing information and shall release the information as authorized in this section and s.

2. Be consistent with standards of the American Society for Automation in PharmacyPharmacy. (ASAP).

3. Comply with the Health Insurance Portability and Accountability Act (HIPAA) as it pertains to protected health informationinformation, (PHI), electronic protected health informationinformation, (EPHI), and all other relevant state and federal privacy and security laws and regulations.

(c) The department shall adopt rules necessary to implement this subsection.

(i) All1318 All acts of administration of controlled substances are exempt from the reporting requirements of this section.subsection.

(4) The following shallmust havebe provided direct access to information in the system:

(a) An(a) A authorized prescriber or dispenser or his or her designee.

1. The1. In order to calculate performance measures pursuant to subsection (14), the program manager or designated program and support staff mustmembers completewho ahave levelbeen IIdirected backgroundby screening.the program manager to calculate performance measures may have direct access to information that contains no identifying information of any patient, physician, health care practitioner, prescriber, or dispenser.

2. In2. The order to calculate performance measures pursuant to subsection (14), the program manager or designated program and support staff membersmust whoprovide have been directed by the programdepartment, managerupon torequest, calculatedata performancethat measuresdoes maynot havecontain directpatient, accessphysician, tohealth informationcare thatpractitioner, containsprescriber, noor dispenser identifying information offor anypublic patient, physician, health care practitioner,and prescriber,safety orinitiatives dispenser.purposes.

3. The program managermanager, orupon designateddetermining programa andpattern supportconsistent staffwith must provide the department,department’s uponrules request,established dataunder thatsubsection does(16), notmay containprovide patient,relevant physician, health care practitioner, prescriber, or dispenser identifying information forto publicthe healthprescriber care and safetydispenser. initiatives purposes.

4. The program manager, upon determining a pattern consistent with the department’s rules established under paragraphsubsection (2)(b),(16) mayand providehaving relevantcause information to thebelieve prescribera andviolation dispenser.of s.

5. The program manager, upon determining a pattern consistent with the rules established under paragraph (2)(b) and having cause to believe a violation of s.

1353 The program manager and designated program and support staff must complete a level II background screening.

(a) The department and its health care regulatory boards, as appropriate, for investigations involving licensees authorized to prescribe or dispense controlled substances.

A legal guardian or health care surrogate must provide the same information if he or she submits the request.

(b) The department mustshall assess the prescription drug monitoring program’s continued compatibility with the other state’s, district’s, or territory’s program periodically.every 4 years.

(c) The department shall issue a nondisciplinary citation topursuant any prescriber or dispenser who fails to consult the systemprocedure asin requireds. by this subsection.

456.077 to any prescriber or dispenser who fails to consult the system as required by this subsection.

(10) Information in the prescription drug monitoring program’s system may be released only as provided in this subsectionsection and s.

The content of the system is intended to be informational onlyonly. and imposes no obligations of any nature or any legal duty on a prescriber, dispenser, pharmacy, or patient.

Information in the system shallis benot providedsubject to discovery or introduction into evidence in accordanceany withcivil s.or administrative action against a prescriber, dispenser, pharmacy, or patient arising out of matters that are the subject of information in the system.

893.13(7)(a)8.

and is not subject to discovery or introduction into evidence in any civil or administrative action against a prescriber, dispenser, pharmacy, or patient arising out of matters that are the subject of information in the system.

287.057 for any goods and services required beby this section.

Such studies shall respect the privacy of the patient, the prescriber, and the dispenser. Suchdispenser. studies may be conducted by the department or a contracted vendor in order to:

(a) ImproveSuch thestudies qualitymay ofbe healthconducted care services and safety by improving the prescribingdepartment andor dispensinga practicescontracted forvendor prescriptionin drugs;order to:

(a) Improve the quality of health care services and safety by improving prescribing and dispensing practices for controlled substances;

(c) Reduce duplicative prescriptions and the overprescribing of prescriptioncontrolled drugs;substances;

(14) The department shall annually report on performance measures to the Governor, the President of the Senate, and the Speaker of the House of Representatives by the department each December 1.

(a) Reduction of the rate of inappropriate use of prescriptioncontrolled drugssubstances through department education and safety efforts.

(b) Reduction of the quantity of pharmaceutical controlled substances obtained by individuals attempting to engage in fraud and deceit.

(d) Involvement of stakeholders in achieving improved patient health care and safety and reduction of prescriptioncontrolled drugsubstance abuse and prescriptioncontrolled drugsubstance diversion.

Inappropriate sources include, but are not limited to, donors, grantors, persons, prescription drug manufacturers, or organizations that may monetarily or substantively benefit from the purchase of goods or services by the department in furtherance of the prescription drug monitoring program.

Section(16) The 10. Sectiondepartment 893.0551,shall Floridaadopt Statutes,rules isnecessary amended to read:implement this section.

Section 12. Section 893.0551, Florida Statutes, is amended to read:

(b) An(b) A employeequalified ofphysician, theto Unitedreview Statesa Departmentpatient’s ofcontrolled Veteransdrug Affairs,prescription Unitedhistory Statesbefore Departmentissuing ofa Defense,physician orcertification the Indian Health Service who provides health care services pursuant to suchs. employment and who has the authority to prescribe controlled substances shall have access to the information in the program’s system upon verification of such employment.

(c) The381.986. program manager and designated support staff for administration of the program, and to provide relevant information to the prescriber, dispenser, and appropriate law enforcement agencies, in accordance with s.

(c) An employee of the United States Department of Veterans Affairs, United States Department of Defense, or the Indian Health Service who provides health care services pursuant to such employment and who has the authority to prescribe controlled substances shall have access to the information in the program’s system upon verification of such employment.

(d) The program manager and designated support staff for administration of the program, and to provide relevant information to the prescriber, dispenser, and appropriate law enforcement agencies, in accordance with s.

(d) The(e) The department for investigations involving licensees authorized to prescribe or dispense controlled substances.

(e)(a) The(f)(a) The Attorney General or his or her designee when working on Medicaid fraud cases involving prescribed controlled substances prescription drugs or when the Attorney General has initiated a review of specific identifiers of Medicaid fraud or specific identifiers that warrant a Medicaid investigation regarding prescribed controlled substances prescription drugs.

(b) The(g)(b) The department’s relevant health care regulatory boards responsible for the licensure, regulation, or discipline of a practitioner, pharmacist, or other person who is authorized to prescribe, administer, or dispense controlled substances and who is involved in a specific controlled substances investigation for prescription drugs involving a designated person.

(f)(c) A(h)(c) A law enforcement agency that has initiated an active investigation involving a specific violation of law regarding prescription drug abuse or diversion of prescribed controlled substances and that has entered into a user agreement with the department.

(g) A(i) A district medical examiner or associate medical examiner, as defineddescribed in s 406.06, pursuant to his or her official duties, as required by s.

406.06, pursuant to his or her official duties, as required by s.

ASuch medical examinerexaminers may request information from the department but may not have direct access to the system.system (d) A health care practitioner, or his or her designee, who certifies that the information is necessary to provide medical treatment to a current patient in accordance with ss.

893.05 and 893.055.

(e) A pharmacist, or his or her designee, who certifies that the requested information will be used to dispense controlled substances to a current patient in accordance with ss.

893.04 and 893.055.

(h) An(g) The impairedpatient’s practitionerpharmacy, consultantprescriber, whoor hasdispenser, beenor authorizedthe indesignee writingof bythe apharmacy, participantprescriber, in, or bydispenser, awho referralcertifies to,that the impairedinformation practitioneris programnecessary to accessprovide andmedical reviewtreatment informationto ashis providedor her current patient in accordance with s.

893.055(6)(e)893.055. 893.055(7)(c)5.

(i) A(j)(h) An patientimpaired orpractitioner theconsultant legalwho guardianhas been authorized in writing by a participant in, or designatedby healtha carereferral surrogateto, forthe animpaired incapacitatedpractitioner patient,program ifto applicable,access makingand areview requestinformation as provided in s.

893.055(6)(f).893.055(5)(e) 893.055(7)(c)5.

(k) A patient or the legal guardian or designated health care surrogate for an incapacitated patient, if applicable, making a request as provided in s.

893.055(5)(f).

Information shared with a state attorney pursuant to paragraph (3)(e)(3)(f) (3)(a) or paragraph (3)(f)(3)(h) (3)(c) may be released only in response to a discovery demand if such information is directly related to the criminal case for which the information was requested.

Section 11. Paragraphs13. Effective January 1, 2019, paragraphs (pp) and (qq) of subsection (1) of section 458.331, Florida Statutes, are amended to read:

Section 12. Paragraphs14.  Effective January 1, 2019, Paragraphs (rr) and (ss) of subsection (1) of section 459.015, Florida Statutes, are amended to read:

Section 13. Paragraph15. Paragraph (b) of subsection (4) of section 463.0055, Florida Statutes, is amended to read:

Section 14. Paragraph16. Paragraph (a) of subsection (1) of section 782.04, Florida Statutes, is amended to read:

893.0356, of any substance specified in sub-subparagraphs a.-h., 17721959 is murder in the first degree and constitutes a capital felony, punishable as provided in s.

Section 15. Paragraphs17. Paragraphs (a), (c), (d), (e), (f), and (h) of subsection (1), subsection (2), paragraphs (a) and (b) of subsection (4), and subsection (5) of section 893.13, Florida Statutes, are amended to read:

18272014 This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than 2 square feet in size with a word legend identifying the facility as a licensed child care facility and that is posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public.

19552142 Imposition of sentence may not be suspended or deferred, and the person so convicted may not be placed on probation.

Section 16. Paragraphs18. Paragraphs (c) and (f) of subsection (1) of section 893.135, Florida Statutes, are amended to read:

or (VII) A mixture containing any substance described in sub sub-subparagraphs (I)-(VI), 20652252 commits a felony of the first degree, which felony shall be known as “trafficking in fentanyl,” punishable as provided in s.

or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 21022289 such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss.

Section 17. Paragraphs19. Paragraphs (b),(b) (c),through (e) and (e)(g) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (b) LEVEL 2 21642352 FloridaStatute FelonyDegree Description 379.2431 (1)(e)3.

2386 (c) LEVEL 3 21992388 FloridaStatute FelonyDegree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.

(e) LEVEL2452 5(d) LEVEL 22644 2454 FloridaStatute FelonyDegree Description 316.027(2)(a)316.1935(3)(a) 3rd2nd AccidentsDriving involvingat personalhigh injuriesspeed otheror thanwith seriouswanton bodilydisregard injury,for failuresafety while fleeing or attempting to stop;elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.

499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.

517.07(1) 3rd Failure to register securities.

517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.

784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.

784.074(1)(c) 3rd Battery of sexually violent predators facility staff.

784.075 3rd Battery on detention or commitment facility staff.

784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

784.08(2)(c) 3rd Battery on a person 65 years of age or older.

784.081(3) 3rd Battery on specified official or employee.

784.082(3) 3rd Battery by detained person on visitor or other detainee.

784.083(3) 3rd Battery on code inspector.

784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

787.03(1) 3rd Interference with custody;

wrongly takes minor from appointed guardian.

787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

787.07 3rd Human smuggling.

790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.

790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.

790.115(2)(c) 3rd Possessing firearm on school property.

800.04(7)(c) 3rd Lewd or lascivious exhibition;

offender less than 18 years.

810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure;

unarmed;

no assault or battery.

810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance;

unarmed;

no assault or battery.

810.06 3rd Burglary;

possession of tools.

810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.

812.014(2)(c)3.

3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.

812.014 (2)(c)4.-10.

3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

812.0195(2) 3rd Dealing in stolen property by use of the Internet;

property stolen $300 or more.

817.505(4)(a) 3rd Patient brokering.

817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s.

893.03(5) drugs.

817.568(2)(a) 3rd Fraudulent use of personal identification information.

817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.

817.625(2)(c) 3rd Possess, sell, or deliver skimming device.

828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

837.02(1) 3rd Perjury in official proceedings.

837.021(1) 3rd Make contradictory statements in official proceedings.

838.022 3rd Official misconduct.

839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.

839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.

843.021 3rd Possession of a concealed handcuff key by a person in custody.

843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).

847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer;

offender less than 18 years.

874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.

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).

914.14(2) 3rd Witnesses accepting bribes.

914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.

914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.

918.12 3rd Tampering with jurors.

934.215 3rd Use of two-way communications device to facilitate commission of a crime.

2507 (e) LEVEL 5 2510 FloridaStatute FelonyDegree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop;

Section2564 18. Except(g) LEVEL as7 otherwise2566 providedFloridaStatute inFelonyDegree thisDescription act,316.027(2)(c) this1st actAccident shallinvolving takedeath, effectfailure Julyto 1,stop; 2018.

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)(c)2.

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 (2)(b)1.a.

3rd Medicaid provider fraud;

$10,000 or less.

409.920 (2)(b)1.b.

2nd Medicaid provider fraud;

more 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.

787.06(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.

812.0145(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 (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.

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.

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.

(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.

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.

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 (1)(b)1.a.

1st Trafficking in cocaine, more than 28 grams, less than 200 grams.

893.135 (1)(c)1.a.

1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

893.135 (1)(c)2.a.

1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.

893.135 (1)(c)2.b.

1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.

893.135 (1)(c)3.a.

1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.

893.135 (1)(c)3.b.

1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.

893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.

893.135 (1)(d)1.a.

1st Trafficking in phencyclidine, 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 (1)(g)1.a.

1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

893.135 (1)(h)1.a.

1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

893.135 (1)(j)1.a.

1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

893.135 (1)(k)2.a.

1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

893.135 (1)(m)2.a.

1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.

893.135 (1)(m)2.b.

1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.

893.135 (1)(n)2.a.

1st Trafficking in n-benzyl 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.