Florida Senate - 2023 SB 1506 By Senator Rodriguez 40-01471A-23 20231506__ Page 1 of 66 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Department of Health; creating 2 s. 381.875, F.S.; defining terms; prohibiting certain 3 research in this state relating to enhanced potential 4 pandemic pathogens; requiring researchers applying for 5 state or local funding to disclose certain 6 information; requiring the Department of Health to 7 enjoin violations of specified provisions; providing 8 construction; amending s. 381.986, F.S.; defining the 9 term “attractive to children”; prohibiting medical 10 marijuana treatment centers from producing marijuana 11 products that are attractive to children or 12 manufactured in specified manners; prohibiting 13 marijuana packaging and labeling from including 14 specified wording; prohibiting medical marijuana 15 treatment centers from using certain content in their 16 advertising which is attractive to children or 17 promotes the recreational use of marijuana; requiring 18 the department to adopt certain rules; revising 19 background screening requirements for certain 20 individuals; amending s. 381.988, F.S.; requiring 21 medical marijuana testing laboratories to subject 22 their employees to background screenings; revising 23 background screening requirements for certain 24 individuals; amending s. 382.005, F.S.; requiring 25 local registrars to electronically file all live 26 birth, death, and fetal death records in their 27 respective jurisdictions in the department’s 28 electronic registration system; requiring the local 29

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 2 of 66 CODING: Words stricken are deletions; words underlined are additions. registrars to file a paper record with the department 30 if the electronic system is unavailable; requiring 31 local registrars to make blank paper forms available 32 in such instances; providing requirements for such 33 paper records; amending s. 382.008, F.S.; conforming 34 provisions to changes made by the act; amending s. 35 382.009, F.S.; revising the types of health care 36 practitioners who may make certain determinations of 37 death; amending ss. 382.013 and 382.015, F.S.; 38 conforming provisions to changes made by the act; 39 amending ss. 382.021 and 382.023, F.S.; revising the 40 frequency with which circuit courts must transmit 41 marriage licenses and certain dissolution-of-marriage 42 records to the department; requiring that such records 43 be transmitted electronically; amending s. 382.025, 44 F.S.; extending the timeframe for the confidentiality 45 of certain birth records; authorizing persons 46 appointed by the department to issue certified copies 47 of live birth, death, and fetal death certificates; 48 amending s. 401.27, F.S.; revising requirements for 49 applicants for certification or recertification as 50 emergency medical technicians or paramedics; deleting 51 a requirement that a certain certification examination 52 be offered monthly; deleting related duties of the 53 department; deleting a temporary certificate and 54 related provisions; amending s. 401.2701, F.S.; 55 exempting certain emergency medical services training 56 program applicants from the requirement to have a 57 certain affiliation agreement; amending s. 401.272, 58

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 3 of 66 CODING: Words stricken are deletions; words underlined are additions.

F.S.; revising the purpose of certain provisions; 59 specifying requirements for the provision of specified 60 services by paramedics and emergency medical 61 technicians under certain circumstances; revising the 62 department’s rulemaking authority; amending s. 401.34, 63 F.S.; deleting certain provisions and fees related to 64 the department’s grading of a certain certification 65 examination; amending s. 401.435, F.S.; revising 66 provisions related to minimum standards for emergency 67 medical responder training; amending s. 464.203, F.S.; 68 exempting certain applicants for certification as a 69 certified nursing assistant from the skills-70 demonstration portion of a certain competency 71 examination; amending ss. 468.1225 and 468.1245, F.S.; 72 revising the scope of practice for audiologists, as it 73 relates to hearing aids to apply to prescription 74 hearing aids only; amending s. 468.1246, F.S.; 75 conforming provisions to changes made by the act; 76 deleting obsolete language; amending ss. 468.1255, 77 468.1265, and 468.1275, F.S.; conforming provisions to 78 changes made by the act; amending s. 484.0401, F.S.; 79 revising legislative findings and intent to conform to 80 changes made by the act; reordering and amending s. 81 484.041, F.S.; providing and revising

definitions; 82 amending s. 484.042, F.S.; revising membership 83 requirements for members of the Board of Hearing Aid 84 Specialists; amending s. 484.044, F.S.; revising the 85 board’s rulemaking authority; deleting obsolete 86 language; amending ss. 484.0445, 484.045, 484.0501, 87

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 4 of 66 CODING: Words stricken are deletions; words underlined are additions. and 484.051, F.S.; revising the scope of practice for 88 hearing aid specialists and making conforming changes 89 to licensure and practice requirements; amending s. 90 484.0512, F.S.; conforming provisions to changes made 91 by the act; deleting obsolete language; amending ss. 92 484.0513, 484.053, and 484.054, F.S.; conforming 93 provisions to changes made by the act; amending s. 94 484.059, F.S.; conforming provisions to changes made 95 by the act; providing applicability; providing a 96 directive to the Division of Law Revision; providing 97 effective dates. 98 99 Be It Enacted by the Legislature of the State of Florida: 100 101

Section 1. Effective upon this act becoming law,

section 102 381.875, Florida Statutes, is created to read: 103 381.875 Enhanced potential pandemic pathogen research 104 prohibited.— 105

(1) As used in this section, the term: 106 (a) “Enhanced potential pandemic pathogen” means a 107 potential pandemic pathogen that results from enhancing the 108 transmissibility or virulence of a pathogen. The term does not 109 include naturally occurring pathogens circulating in or 110 recovered from nature, regardless of their pandemic potential. 111 (b) “Enhanced potential pandemic pathogen research” means 112 research that may be reasonably anticipated to create, transfer, 113 or use potential pandemic pathogens that result from enhancing a 114 pathogen’s transmissibility or virulence in humans. 115 (c) “Potential pandemic pathogen” means a bacterium, virus, 116

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 5 of 66 CODING: Words stricken are deletions; words underlined are additions. or other microorganism that is likely to be both: 117 1. Highly transmissible and capable of wide, uncontrollable 118 spread in human populations; and 119 2. Highly virulent, making it likely to cause significant 120 morbidity or mortality in humans. 121

(2) Any research that is reasonably likely to create an 122 enhanced potential pandemic pathogen or that has been determined 123 by the United States Department of Health and Human Services, 124 another federal agency, or a state agency as defined in s. 11.45 125 to create such a pathogen is prohibited in this state. 126

(3) Any researcher applying for state or local funding to 127 conduct research in this state must disclose in the application 128 to the funding source whether the research meets the definition 129 of enhanced potential pandemic pathogen research. 130

(4) The Department of Health shall exercise its authority 131 under s. 381.0012 to enjoin violations of this section. 132

(5) This

section does not affect research funded or 133 conducted before the effective date of this act. 134

Section 2. Present paragraphs (

a) through (

o) of subsection 135 (1) of

section 381.986, Florida Statutes, are redesignated as 136 paragraphs (

b) through (p), respectively, a new paragraph (

a) is 137 added to that subsection, and paragraphs (

a) and (

c) of 138 subsection (3), paragraphs (e), (h), and (

k) of subsection (8), 139 and subsection (9) of that

section are amended, to read: 140 381.986 Medical use of marijuana.— 141

(1) DEFINITIONS.—As used in this section, the term: 142 (a) “Attractive to children” means the use of any image or 143 words designed or likely to appeal to persons younger than 18 144 years of age, including, but not limited to, cartoons, toys, 145

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 6 of 66 CODING: Words stricken are deletions; words underlined are additions. animals, food, or depictions of persons younger than 18 years of 146 age; any other likeness to images, characters, or phrases that 147 are popularly used to advertise to persons younger than 18 years 148 of age; or any reasonable likeness to commercially available 149 candy. 150

(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— 151 (

a) Before being approved as a qualified physician, as 152 defined in paragraph (1)(m), and before each license renewal, a 153 physician must successfully complete a 2-hour course and 154 subsequent examination offered by the Florida Medical 155 Association or the Florida Osteopathic Medical Association which 156 encompass the requirements of this

section and any rules adopted 157 hereunder. The course and examination must shall be administered 158 at least annually and may be offered in a distance learning 159 format, including an electronic, online format that is available 160 upon request. The price of the course may not exceed $500. A 161 physician who has met the physician education requirements of 162 former s. 381.986(4), Florida Statutes 2016, before June 23, 163 2017, shall be deemed to be in compliance with this paragraph 164 from June 23, 2017, until 90 days after the course and 165 examination required by this paragraph become available. 166 (

c) Before being employed as a medical director, as defined 167 in paragraph (1)(i), and before each license renewal, a medical 168 director must successfully complete a 2-hour course and 169 subsequent examination offered by the Florida Medical 170 Association or the Florida Osteopathic Medical Association which 171 encompass the requirements of this

section and any rules adopted 172 hereunder. The course and examination must shall be administered 173 at least annually and may be offered in a distance learning 174

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 7 of 66 CODING: Words stricken are deletions; words underlined are additions. format, including an electronic, online format that is available 175 upon request. The price of the course may not exceed $500. 176

(8) MEDICAL MARIJUANA TREATMENT CENTERS.— 177 (

e) A licensed medical marijuana treatment center shall 178 cultivate, process, transport, and dispense marijuana for 179 medical use. A licensed medical marijuana treatment center may 180 not contract for services directly related to the cultivation, 181 processing, and dispensing of marijuana or marijuana delivery 182 devices, except that a medical marijuana treatment center 183 licensed pursuant to subparagraph (a)1. may contract with a 184 single entity for the cultivation, processing, transporting, and 185 dispensing of marijuana and marijuana delivery devices.

A 186 licensed medical marijuana treatment center must, at all times, 187 maintain compliance with the criteria demonstrated and 188 representations made in the initial application and the criteria 189 established in this subsection. Upon request, the department may 190 grant a medical marijuana treatment center a variance from the 191 representations made in the initial application. Consideration 192 of such a request shall be based upon the individual facts and 193 circumstances surrounding the request.

A variance may not be 194 granted unless the requesting medical marijuana treatment center 195 can demonstrate to the department that it has a proposed 196 alternative to the specific representation made in its 197 application which fulfills the same or a similar purpose as the 198 specific representation in a way that the department can 199 reasonably determine will not be a lower standard than the 200 specific representation in the application. A variance may not 201 be granted from the requirements in subparagraph 2. and 202 subparagraphs (b)1. and 2. 203

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 8 of 66 CODING: Words stricken are deletions; words underlined are additions. 1. A licensed medical marijuana treatment center may 204 transfer ownership to an individual or entity who meets the 205 requirements of this section. A publicly traded corporation or 206 publicly traded company that meets the requirements of this 207

section is not precluded from ownership of a medical marijuana 208 treatment center. To accommodate a change in ownership: 209 a. The licensed medical marijuana treatment center shall 210 notify the department in writing at least 60 days before the 211 anticipated date of the change of ownership. 212 b. The individual or entity applying for initial licensure 213 due to a change of ownership must submit an application that 214 must be received by the department at least 60 days before the 215 date of change of ownership. 216 c.

Upon receipt of an application for a license, the 217 department shall examine the application and, within 30 days 218 after receipt, notify the applicant in writing of any apparent 219 errors or omissions and request any additional information 220 required. 221 d. Requested information omitted from an application for 222 licensure must be filed with the department within 21 days after 223 the department’s request for omitted information or the 224 application shall be deemed incomplete and shall be withdrawn 225 from further consideration and the fees shall be forfeited. 226 e.

Within 30 days after the receipt of a complete 227 application, the department shall approve or deny the 228 application. 229 2. A medical marijuana treatment center, and any individual 230 or entity who directly or indirectly owns, controls, or holds 231 with power to vote 5 percent or more of the voting shares of a 232

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 9 of 66 CODING: Words stricken are deletions; words underlined are additions. medical marijuana treatment center, may not acquire direct or 233 indirect ownership or control of any voting shares or other form 234 of ownership of any other medical marijuana treatment center. 235 3.

A medical marijuana treatment center may not enter into 236 any form of profit-sharing arrangement with the property owner 237 or lessor of any of its facilities where cultivation, 238 processing, storing, or dispensing of marijuana and marijuana 239 delivery devices occurs. 240 4. All employees of a medical marijuana treatment center 241 must be 21 years of age or older and have passed a background 242 screening pursuant to subsection (9). 243 5.

Each medical marijuana treatment center must adopt and 244 enforce policies and procedures to ensure employees and 245 volunteers receive training on the legal requirements to 246 dispense marijuana to qualified patients. 247 6. When growing marijuana, a medical marijuana treatment 248 center: 249 a. May use pesticides determined by the department, after 250 consultation with the Department of Agriculture and Consumer 251 Services, to be safely applied to plants intended for human 252 consumption, but may not use pesticides designated as 253 restricted-use pesticides pursuant to s. 487.042. 254 b.

Must grow marijuana within an enclosed structure and in 255 a room separate from any other plant. 256 c. Must inspect seeds and growing plants for plant pests 257 that endanger or threaten the horticultural and agricultural 258 interests of the state in accordance with

chapter 581 and any 259 rules adopted thereunder. 260 d. Must perform fumigation or treatment of plants, or 261

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 10 of 66 CODING: Words stricken are deletions; words underlined are additions. remove and destroy infested or infected plants, in accordance 262 with

chapter 581 and any rules adopted thereunder. 263 7. Each medical marijuana treatment center must produce and 264 make available for purchase at least one low-THC cannabis 265 product. 266 8. A medical marijuana treatment center that produces 267 edibles must hold a permit to operate as a food establishment 268 pursuant to

chapter 500, the Florida Food Safety Act, and must 269 comply with all the requirements for food establishments 270 pursuant to

chapter 500 and any rules adopted thereunder. 271 Edibles may not contain more than 200 milligrams of 272 tetrahydrocannabinol, and a single serving portion of an edible 273 may not exceed 10 milligrams of tetrahydrocannabinol.

Edibles 274 may have a potency variance of no greater than 15 percent. 275 Marijuana products, including edibles, may not be attractive to 276 children; be manufactured in the shape of humans, cartoons, or 277 animals; be manufactured in a form that bears any reasonable 278 resemblance to products available for consumption as 279 commercially available candy; or contain any color additives. To 280 discourage consumption of edibles by children, the department 281 shall determine by rule any shapes, forms, and ingredients 282 allowed and prohibited for edibles.

Medical marijuana treatment 283 centers may not begin processing or dispensing edibles until 284 after the effective date of the rule. The department shall also 285 adopt sanitation rules providing the standards and requirements 286 for the storage, display, or dispensing of edibles. 287 9. Within 12 months after licensure, a medical marijuana 288 treatment center must demonstrate to the department that all of 289 its processing facilities have passed a Food Safety Good 290

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 11 of 66 CODING: Words stricken are deletions; words underlined are additions. Manufacturing Practices, such as Global Food Safety Initiative 291 or equivalent, inspection by a nationally accredited certifying 292 body. A medical marijuana treatment center must immediately stop 293 processing at any facility which fails to pass this inspection 294 until it demonstrates to the department that such facility has 295 met this requirement. 296 10.

A medical marijuana treatment center that produces 297 prerolled marijuana cigarettes may not use wrapping paper made 298 with tobacco or hemp. 299 11. When processing marijuana, a medical marijuana 300 treatment center must: 301 a. Process the marijuana within an enclosed structure and 302 in a room separate from other plants or products. 303 b. Comply with department rules when processing marijuana 304 with hydrocarbon solvents or other solvents or gases exhibiting 305 potential toxicity to humans.

The department shall determine by 306 rule the requirements for medical marijuana treatment centers to 307 use such solvents or gases exhibiting potential toxicity to 308 humans. 309 c. Comply with federal and state laws and regulations and 310 department rules for solid and liquid wastes. The department 311 shall determine by rule procedures for the storage, handling, 312 transportation, management, and disposal of solid and liquid 313 waste generated during marijuana production and processing. The 314 Department of Environmental Protection shall assist the 315 department in developing such rules. 316 d.

Test the processed marijuana using a medical marijuana 317 testing laboratory before it is dispensed. Results must be 318 verified and signed by two medical marijuana treatment center 319

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 12 of 66 CODING: Words stricken are deletions; words underlined are additions. employees.

Before dispensing, the medical marijuana treatment 320 center must determine that the test results indicate that low-321 THC cannabis meets the definition of low-THC cannabis, the 322 concentration of tetrahydrocannabinol meets the potency 323 requirements of this section, the labeling of the concentration 324 of tetrahydrocannabinol and cannabidiol is accurate, and all 325 marijuana is safe for human consumption and free from 326 contaminants that are unsafe for human consumption.

The 327 department shall determine by rule which contaminants must be 328 tested for and the maximum levels of each contaminant which are 329 safe for human consumption. The Department of Agriculture and 330 Consumer Services shall assist the department in developing the 331 testing requirements for contaminants that are unsafe for human 332 consumption in edibles. The department shall also determine by 333 rule the procedures for the treatment of marijuana that fails to 334 meet the testing requirements of this section, s. 381.988, or 335 department rule.

The department may select samples of marijuana 336 from a medical marijuana treatment center facility which shall 337 be tested by the department to determine whether the marijuana 338 meets the potency requirements of this section, is safe for 339 human consumption, and is accurately labeled with the 340 tetrahydrocannabinol and cannabidiol concentration or to verify 341 the result of marijuana testing conducted by a marijuana testing 342 laboratory.

The department may also select samples of marijuana 343 delivery devices from a medical marijuana treatment center to 344 determine whether the marijuana delivery device is safe for use 345 by qualified patients. A medical marijuana treatment center may 346 not require payment from the department for the sample. A 347 medical marijuana treatment center must recall marijuana, 348

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 13 of 66 CODING: Words stricken are deletions; words underlined are additions. including all marijuana and marijuana products made from the 349 same batch of marijuana, that fails to meet the potency 350 requirements of this section, that is unsafe for human 351 consumption, or for which the labeling of the 352 tetrahydrocannabinol and cannabidiol concentration is 353 inaccurate. The department shall adopt rules to establish 354 marijuana potency variations of no greater than 15 percent using 355 negotiated rulemaking pursuant to s. 120.54(2)(

d) which accounts 356 for, but is not limited to, time lapses between testing, testing 357 methods, testing instruments, and types of marijuana sampled for 358 testing. The department may not issue any recalls for product 359 potency as it relates to product labeling before issuing a rule 360 relating to potency variation standards. A medical marijuana 361 treatment center must also recall all marijuana delivery devices 362 determined to be unsafe for use by qualified patients.

The 363 medical marijuana treatment center must retain records of all 364 testing and samples of each homogenous batch of marijuana for at 365 least 9 months. The medical marijuana treatment center must 366 contract with a marijuana testing laboratory to perform audits 367 on the medical marijuana treatment center’s standard operating 368 procedures, testing records, and samples and provide the results 369 to the department to confirm that the marijuana or low-THC 370 cannabis meets the requirements of this

section and that the 371 marijuana or low-THC cannabis is safe for human consumption. A 372 medical marijuana treatment center shall reserve two processed 373 samples from each batch and retain such samples for at least 9 374 months for the purpose of such audits. A medical marijuana 375 treatment center may use a laboratory that has not been 376 certified by the department under s. 381.988 until such time as 377

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 14 of 66 CODING: Words stricken are deletions; words underlined are additions. at least one laboratory holds the required certification, but in 378 no event later than July 1, 2018. 379 e. Package the marijuana in compliance with the United 380 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 381 1471 et seq. 382 f. Package the marijuana in a receptacle that has a firmly 383 affixed and legible label stating the following information: 384 (

I) The marijuana or low-THC cannabis meets the 385 requirements of sub-subparagraph d. 386 (II) The name of the medical marijuana treatment center 387 from which the marijuana originates. 388 (III) The batch number and harvest number from which the 389 marijuana originates and the date dispensed. 390 (IV) The name of the physician who issued the physician 391 certification. 392 (

V) The name of the patient. 393 (VI) The product name, if applicable, and dosage form, 394 including concentration of tetrahydrocannabinol and cannabidiol. 395 The product name may not contain wording commonly associated 396 with products that are attractive to children or which promote 397 the recreational use of marijuana marketed by or to children. 398 (VII) The recommended dose. 399 (VIII) A warning that it is illegal to transfer medical 400 marijuana to another person. 401 (IX) A marijuana universal symbol developed by the 402 department. 403 12.

The medical marijuana treatment center shall include in 404 each package a patient package insert with information on the 405 specific product dispensed related to: 406

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 15 of 66 CODING: Words stricken are deletions; words underlined are additions. a. Clinical pharmacology. 407 b. Indications and use. 408 c. Dosage and administration. 409 d. Dosage forms and strengths. 410 e. Contraindications. 411 f. Warnings and precautions. 412 g. Adverse reactions. 413 13.

In addition to the packaging and labeling requirements 414 specified in subparagraphs 11. and 12., marijuana in a form for 415 smoking must be packaged in a sealed receptacle with a legible 416 and prominent warning to keep away from children and a warning 417 that states marijuana smoke contains carcinogens and may 418 negatively affect health. Such receptacles for marijuana in a 419 form for smoking must be plain, opaque, and white without 420 depictions of the product or images other than the medical 421 marijuana treatment center’s department-approved logo and the 422 marijuana universal symbol. 423 14.

The department shall adopt rules to regulate the types, 424 appearance, and labeling of marijuana delivery devices dispensed 425 from a medical marijuana treatment center. The rules must 426 require marijuana delivery devices to have an appearance 427 consistent with medical use. 428 15. Each edible must shall be individually sealed in plain, 429 opaque wrapping marked only with the marijuana universal symbol. 430 Where practical, each edible must shall be marked with the 431 marijuana universal symbol.

In addition to the packaging and 432 labeling requirements in subparagraphs 11. and 12., edible 433 receptacles must be plain, opaque, and white without depictions 434 of the product or images other than the medical marijuana 435

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 16 of 66 CODING: Words stricken are deletions; words underlined are additions. treatment center’s department-approved logo and the marijuana 436 universal symbol. The receptacle must also include a list of all 437 the edible’s ingredients, storage instructions, an expiration 438 date, a legible and prominent warning to keep away from children 439 and pets, and a warning that the edible has not been produced or 440 inspected pursuant to federal food safety laws. 441 16.

When dispensing marijuana or a marijuana delivery 442 device, a medical marijuana treatment center: 443 a. May dispense any active, valid order for low-THC 444 cannabis, medical cannabis and cannabis delivery devices issued 445 pursuant to former s. 381.986, Florida Statutes 2016, which was 446 entered into the medical marijuana use registry before July 1, 447 2017. 448 b.

May not dispense more than a 70-day supply of marijuana 449 within any 70-day period to a qualified patient or caregiver. 450 May not dispense more than one 35-day supply of marijuana in a 451 form for smoking within any 35-day period to a qualified patient 452 or caregiver. A 35-day supply of marijuana in a form for smoking 453 may not exceed 2.5 ounces unless an exception to this amount is 454 approved by the department pursuant to paragraph (4)(f). 455 c.

Must have the medical marijuana treatment center’s 456 employee who dispenses the marijuana or a marijuana delivery 457 device enter into the medical marijuana use registry his or her 458 name or unique employee identifier. 459 d. Must verify that the qualified patient and the 460 caregiver, if applicable, each have an active registration in 461 the medical marijuana use registry and an active and valid 462 medical marijuana use registry identification card, the amount 463 and type of marijuana dispensed matches the physician 464

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 17 of 66 CODING: Words stricken are deletions; words underlined are additions. certification in the medical marijuana use registry for that 465 qualified patient, and the physician certification has not 466 already been filled. 467 e. May not dispense marijuana to a qualified patient who is 468 younger than 18 years of age. If the qualified patient is 469 younger than 18 years of age, marijuana may only be dispensed to 470 the qualified patient’s caregiver. 471 f.

May not dispense or sell any other type of cannabis, 472 alcohol, or illicit drug-related product, including pipes or 473 wrapping papers made with tobacco or hemp, other than a 474 marijuana delivery device required for the medical use of 475 marijuana and which is specified in a physician certification. 476 g.

Must, upon dispensing the marijuana or marijuana 477 delivery device, record in the registry the date, time, 478 quantity, and form of marijuana dispensed; the type of marijuana 479 delivery device dispensed; and the name and medical marijuana 480 use registry identification number of the qualified patient or 481 caregiver to whom the marijuana delivery device was dispensed. 482 h. Must ensure that patient records are not visible to 483 anyone other than the qualified patient, his or her caregiver, 484 and authorized medical marijuana treatment center employees. 485 (

h) A medical marijuana treatment center may not engage in 486 advertising that is visible to members of the public from any 487 street, sidewalk, park, or other public place, except: 488 1. The dispensing location of a medical marijuana treatment 489 center may have a sign that is affixed to the outside or hanging 490 in the window of the premises which identifies the dispensary by 491 the licensee’s business name, a department-approved trade name, 492 or a department-approved logo. A medical marijuana treatment 493

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 18 of 66 CODING: Words stricken are deletions; words underlined are additions. center’s trade name and logo may not contain wording or images 494 that are attractive to children commonly associated with 495 marketing targeted toward children or which promote recreational 496 use of marijuana. 497 2. A medical marijuana treatment center may engage in 498 Internet advertising and marketing under the following 499 conditions: 500 a. All advertisements must be approved by the department. 501 b.

An advertisement may not have any content that is 502 attractive to children or which promotes the recreational use of 503 marijuana specifically targets individuals under the age of 18, 504 including cartoon characters or similar images. 505 c. An advertisement may not be an unsolicited pop-up 506 advertisement. 507 d. Opt-in marketing must include an easy and permanent opt-508 out feature. 509 (

k) The department may adopt rules pursuant to ss. 510 120.536(1) and 120.54 to implement this subsection. The 511 department shall adopt rules it deems necessary to protect the 512 health and safety of qualified patients and minors, including, 513 but not limited to, standards to ensure that medical marijuana 514 treatment centers operate in a manner consistent with the 515 provision of medical products and rules to discourage the 516 diversion and illicit use of marijuana. 517

(9) BACKGROUND SCREENING.—An individual required to undergo 518 a background screening pursuant to this

section must pass a 519 level 2 background screening as provided under

chapter 435, 520 which, in addition to the disqualifying offenses provided in s. 521 435.04, shall exclude an individual who has an arrest awaiting 522

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 19 of 66 CODING: Words stricken are deletions; words underlined are additions. final disposition for, has been found guilty of, regardless of 523 adjudication, or has entered a plea of nolo contendere or guilty 524 to an offense under

chapter 837,

chapter 895, or

chapter 896 or 525 similar law of another jurisdiction. Exemptions from 526 disqualification as provided under s. 435.07 do not apply to 527 this subsection. 528 (

a) Such individual must submit a full set of fingerprints 529 to the department or to a vendor, entity, or agency authorized 530 by s. 943.053(13). The department, vendor, entity, or agency 531 shall forward the fingerprints to the Department of Law 532 Enforcement for state processing, and the Department of Law 533 Enforcement shall forward the fingerprints to the Federal Bureau 534 of Investigation for national processing. 535 (

b) Fees for state and federal fingerprint processing and 536 retention shall be borne by the medical marijuana treatment 537 center or caregiver, as applicable individual. The state cost 538 for fingerprint processing shall be as provided in s. 539 943.053(3)(

e) for records provided to persons or entities other 540 than those specified as exceptions therein. 541 (

c) Fingerprints submitted to the Department of Law 542 Enforcement pursuant to this subsection shall be retained by the 543 Department of Law Enforcement as provided in s. 943.05(2)(

g) and 544 (

h) and, when the Department of Law Enforcement begins 545 participation in the program, enrolled in the Federal Bureau of 546 Investigation’s national retained print arrest notification 547 program. Any arrest record identified shall be reported to the 548 department. 549

Section 3. Paragraph (

d) of subsection (1) of

section 550 381.988, Florida Statutes, is amended to read: 551

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 20 of 66 CODING: Words stricken are deletions; words underlined are additions. 381.988 Medical marijuana testing laboratories; marijuana 552 tests conducted by a certified laboratory.— 553

(1) A person or entity seeking to be a certified marijuana 554 testing laboratory must: 555 (

d) Require all employees, owners, and managers to submit 556 to and pass a level 2 background screening pursuant to

chapter 557 435. The department s. 435.04 and shall deny certification if 558 the person or entity seeking certification has a disqualifying 559 offense as provided in s. 435.04 or has an arrest awaiting final 560 disposition for, has been found guilty of, or has entered a plea 561 of guilty or nolo contendere to, regardless of adjudication, any 562 offense listed in

chapter 837,

chapter 895, or

chapter 896 or 563 similar law of another jurisdiction. Exemptions from 564 disqualification as provided under s. 435.07 do not apply to 565 this paragraph. 566 1. Such employees, owners, and managers must submit a full 567 set of fingerprints to the department or to a vendor, entity, or 568 agency authorized by s. 943.053(13). The department, vendor, 569 entity, or agency shall forward the fingerprints to the 570 Department of Law Enforcement for state processing, and the 571 Department of Law Enforcement shall forward the fingerprints to 572 the Federal Bureau of Investigation for national processing. 573 2.

Fees for state and federal fingerprint processing and 574 retention shall be borne by the certified marijuana testing 575 laboratory such owners or managers. The state cost for 576 fingerprint processing shall be as provided in s. 943.053(3)(e) 577 for records provided to persons or entities other than those 578 specified as exceptions therein. 579 3. Fingerprints submitted to the Department of Law 580

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 21 of 66 CODING: Words stricken are deletions; words underlined are additions. Enforcement pursuant to this paragraph shall be retained by the 581 Department of Law Enforcement as provided in s. 943.05(2)(

g) and 582 (

h) and, when the Department of Law Enforcement begins 583 participation in the program, enrolled in the Federal Bureau of 584 Investigation’s national retained print arrest notification 585 program. Any arrest record identified shall be reported to the 586 department. 587

Section

Section 382.005, Florida Statutes, is amended to 588 read: 589 382.005 Duties of local registrars.— 590

(1) Each local registrar is charged with the strict and 591 thorough enforcement of the provisions of this

chapter and rules 592 adopted hereunder in his or her registration district, and shall 593 make an immediate report to the department of any violation or 594 apparent violation of this law or rules adopted hereunder. 595

(2) Each local registrar must electronically file all live 596 birth, death, and fetal death records within their respective 597 jurisdictions in the department’s electronic registration 598 system. If the department’s electronic registration system is 599 unavailable, the local registrar must file a paper record with 600 the department. 601

(3) Each local registrar must shall make available blank 602 forms available if the department’s electronic registration 603 system is unavailable, as necessary and must shall examine each 604 paper certificate of live birth, death, or fetal death when 605 presented for registration in order to ascertain whether or not 606 it has been completed in accordance with the provisions of this 607

chapter and adopted rules. All paper birth, death, and fetal 608 death certificates must shall be typewritten in permanent black 609

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 22 of 66 CODING: Words stricken are deletions; words underlined are additions. ink, and a paper certificate is not complete and correct if it 610 does not supply each item of information called for or 611 satisfactorily account for its omission. 612 (4)

(3) The local registrar or his or her deputy, if 613 authorized by the department, shall sign as registrar in 614 attestation of the date of registration of any paper records 615 filed, and may also make and preserve a local paper record of 616 each birth, death, and fetal death certificate registered by him 617 or her, in such manner as directed by the department. The local 618 registrar shall transmit daily to the department all original 619 paper certificates registered.

If no births, deaths, or fetal 620 deaths occurred in any month, the local registrar or deputy 621 shall, on the 7th day of the following month, report that fact 622 to the department on a form provided for such purpose. 623 (5)

(4) Each local registrar, immediately upon appointment, 624 shall designate one or more deputy registrars to act on behalf 625 of the local registrar. 626

Section 5. Subsection (2) of

section 382.008, Florida 627 Statutes, is amended to read: 628 382.008 Death, fetal death, and nonviable birth 629 registration.— 630 (2)(

a) The funeral director who first assumes custody of a 631 dead body or fetus shall electronically file the certificate of 632 death or fetal death. In the absence of the funeral director, 633 the physician, physician assistant, advanced practice registered 634 nurse registered under s. 464.0123, or other person in 635 attendance at or after the death or the district medical 636 examiner of the county in which the death occurred or the body 637 was found shall electronically file the certificate of death or 638

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 23 of 66 CODING: Words stricken are deletions; words underlined are additions. fetal death. The person who files the certificate shall obtain 639 personal data from a legally authorized person as described in 640 s. 497.005 or the best qualified person or source available.

The 641 medical certification of cause of death must shall be furnished 642 to the funeral director, either in person or via certified mail 643 or electronic transfer, by the physician, physician assistant, 644 advanced practice registered nurse registered under s. 464.0123, 645 or medical examiner responsible for furnishing such information. 646 For fetal deaths, the physician, physician assistant, advanced 647 practice registered nurse registered under s. 464.0123, midwife, 648 or hospital administrator shall provide any medical or health 649 information to the funeral director within 72 hours after 650 expulsion or extraction. 651 (

b) The State Registrar shall may receive electronically a 652 certificate of death, fetal death, or nonviable birth which is 653 required to be filed with the registrar under this

chapter 654 through facsimile or other electronic transfer for the purpose 655 of filing the certificate. The receipt of a certificate of 656 death, fetal death, or nonviable birth by electronic transfer 657 constitutes delivery to the State Registrar as required by law. 658

Section 6. Subsection (2) of

section 382.009, Florida 659 Statutes, is amended to read: 660 382.009 Recognition of brain death under certain 661 circumstances.— 662

(2) Determination of death pursuant to this

section must 663 shall be made in accordance with currently accepted reasonable 664 medical standards by two licensed health care practitioners who 665 must be physicians or physician assistants licensed under 666

chapter 458 or

chapter 459 or advanced practice registered 667

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 24 of 66 CODING: Words stricken are deletions; words underlined are additions. nurses registered under s. 464.0123. One of the health care 668 practitioners must physician shall be the treating health care 669 practitioner physician, and the other physician shall be a 670 board-eligible or board-certified neurologist, neurosurgeon, 671 internist, pediatrician, surgeon, or anesthesiologist. 672

Section

Section 382.013, Florida Statutes, is amended to 673 read: 674 382.013 Birth registration.—A certificate for each live 675 birth that occurs in this state shall be filed within 5 days 676 after such birth in the department’s electronic registration 677 system with the local registrar of the district in which the 678 birth occurred and shall be registered by the local registrar if 679 the certificate has been completed and filed in accordance with 680 this

chapter and adopted rules. The information regarding 681 registered births shall be used for comparison with information 682 in the state case registry, as defined in

chapter 61. 683

(1) FILING.— 684 (

a) If a birth occurs in a hospital, birth center, or other 685 health care facility, or en route thereto, the person in charge 686 of the facility is shall be responsible for preparing the 687 certificate, certifying the facts of the birth, and filing the 688 certificate in the department’s electronic registration system 689 with the local registrar. Within 48 hours after the birth, the 690 physician, midwife, or person in attendance during or 691 immediately after the delivery shall provide the facility with 692 the medical information required by the birth certificate. 693 (

b) If a birth occurs outside a facility and a physician 694 licensed in this state, a certified nurse midwife, a midwife 695 licensed in this state, or a public health nurse employed by the 696

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 25 of 66 CODING: Words stricken are deletions; words underlined are additions. department was in attendance during or immediately after the 697 delivery, that person shall prepare and file the certificate. 698 (

c) If a birth occurs outside a facility and the delivery 699 is not attended by one of the persons described in paragraph 700 (b), the person in attendance, the mother, or the father shall 701 report the birth to the registrar and provide proof of the facts 702 of birth. The department may require such documents to be 703 presented and such proof to be filed as it deems necessary and 704 sufficient to establish the truth of the facts to be recorded by 705 the certificate and may withhold registering the birth until its 706 requirements are met. 707 (

d) If a birth occurs in a moving conveyance and the child 708 is first removed from the conveyance in this state, the birth 709 shall be filed and registered in this state and the place to 710 which the child is first removed shall be considered the place 711 of birth. 712 (

e) The mother or the father of the child shall attest to 713 the accuracy of the personal data entered on the certificate in 714 time to permit the timely registration of the certificate. 715 (

f) If a certificate of live birth is incomplete, the local 716 registrar shall immediately notify the health care facility or 717 person filing the certificate and shall require the completion 718 of the missing items of information if they can be obtained 719 before prior to issuing certified copies of the birth 720 certificate. 721 (

g) Regardless of any plan to place a child for adoption 722 after birth, the information on the birth certificate as 723 required by this

section must be as to the child’s birth parents 724 unless and until an application for a new birth record is made 725

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 26 of 66 CODING: Words stricken are deletions; words underlined are additions. under s. 63.152. 726 (

h) The State Registrar may receive electronically a birth 727 certificate for each live birth which is required to be filed 728 with the registrar under this

chapter through facsimile or other 729 electronic transfer for the purpose of filing the birth 730 certificate. The receipt of a birth certificate by electronic 731 transfer constitutes delivery to the State Registrar as required 732 by law. 733

(2) PATERNITY.— 734 (

a) If the mother is married at the time of birth, the name 735 of the husband shall be entered on the birth certificate as the 736 father of the child, unless paternity has been determined 737 otherwise by a court of competent jurisdiction. 738 (

b) Notwithstanding paragraph (a), if the husband of the 739 mother dies while the mother is pregnant but before the birth of 740 the child, the name of the deceased husband shall be entered on 741 the birth certificate as the father of the child, unless 742 paternity has been determined otherwise by a court of competent 743 jurisdiction. 744 (

c) If the mother is not married at the time of the birth, 745 the name of the father may not be entered on the birth 746 certificate without the execution of an affidavit signed by both 747 the mother and the person to be named as the father. The 748 facility shall give notice orally or through the use of video or 749 audio equipment, and in writing, of the alternatives to, the 750 legal consequences of, and the rights, including, if one parent 751 is a minor, any rights afforded due to minority status, and 752 responsibilities that arise from signing an acknowledgment of 753 paternity, as well as information provided by the Title IV-D 754

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 27 of 66 CODING: Words stricken are deletions; words underlined are additions. agency established pursuant to s. 409.2557, regarding the 755 benefits of voluntary establishment of paternity. Upon request 756 of the mother and the person to be named as the father, the 757 facility shall assist in the execution of the affidavit, a 758 notarized voluntary acknowledgment of paternity, or a voluntary 759 acknowledgment of paternity that is witnessed by two individuals 760 and signed under penalty of perjury as specified by s. 761 92.525(2). 762 (

d) If the paternity of the child is determined by a court 763 of competent jurisdiction as provided under s. 382.015 or there 764 is a final judgment of dissolution of marriage which requires 765 the former husband to pay child support for the child, the name 766 of the father and the surname of the child shall be entered on 767 the certificate in accordance with the finding and order of the 768 court. If the court fails to specify a surname for the child, 769 the surname shall be entered in accordance with subsection (3). 770 (

e) If the paternity of the child is determined pursuant to 771 s. 409.256, the name of the father and the surname of the child 772 shall be entered on the certificate in accordance with the 773 finding and order of the Department of Revenue. 774 (

f) If the mother and father marry each other at any time 775 after the child’s birth, upon receipt of a marriage license that 776 identifies any such child, the department shall amend the 777 certificate with regard to the parents’ marital status as though 778 the parents were married at the time of birth. 779 (

g) If the father is not named on the certificate, no other 780 information about the father shall be entered on the 781 certificate. 782

(3) NAME OF CHILD.— 783

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 28 of 66 CODING: Words stricken are deletions; words underlined are additions. (

a) If the mother is married at the time of birth, the 784 mother and father whose names are entered on the birth 785 certificate shall select the given names and surname of the 786 child if both parents have custody of the child, otherwise the 787 parent who has custody shall select the child’s name. 788 (

b) If the mother and father whose names are entered on the 789 birth certificate disagree on the surname of the child and both 790 parents have custody of the child, the surname selected by the 791 father and the surname selected by the mother shall both be 792 entered on the birth certificate, separated by a hyphen, with 793 the selected names entered in alphabetical order. If the parents 794 disagree on the selection of a given name, the given name may 795 not be entered on the certificate until a joint agreement that 796 lists the agreed upon given name and is notarized by both 797 parents is submitted to the department, or until a given name is 798 selected by a court. 799 (

c) If the mother is not married at the time of birth, the 800 parent who will have custody of the child shall select the 801 child’s given name and surname. 802 (

d) If multiple names of the child exceed the space 803 provided on the face of the birth certificate they shall be 804 listed on the back of the certificate. Names listed on the back 805 of the certificate shall be part of the official record. 806

(4) UNDETERMINED PARENTAGE.—The person having custody of a 807 child of undetermined parentage shall register a birth 808 certificate showing all known or approximate facts relating to 809 the birth. To assist in later determination, information 810 concerning the place and circumstances under which the child was 811 found shall be included on the portion of the birth certificate 812

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 29 of 66 CODING: Words stricken are deletions; words underlined are additions. relating to marital status and medical details. In the event the 813 child is later identified, a new birth certificate shall be 814 prepared which shall bear the same number as the original birth 815 certificate, and the original certificate shall be sealed and 816 filed, shall be confidential and exempt from the provisions of 817 s. 119.07(1), and shall not be opened to inspection by, nor 818 shall certified copies of the same be issued except by court 819 order to, any person other than the registrant if of legal age. 820

(5) DISCLOSURE.—The original certificate of live birth 821 shall contain all the information required by the department for 822 legal, social, and health research purposes. However, all 823 information concerning parentage, marital status, and medical 824 details shall be confidential and exempt from the provisions of 825 s. 119.07(1), except for health research purposes as approved by 826 the department, nor shall copies of the same be issued except as 827 provided in s. 382.025. 828

Section

Section 382.015, Florida Statutes, is amended to 829 read: 830 382.015 New certificates of live birth; duty of clerks of 831 court and department.—The clerk of the court in which any 832 proceeding for adoption, annulment of an adoption, affirmation 833 of parental status, or determination of paternity is to be 834 registered, shall within 30 days after the final disposition, 835 forward electronically to the department a certified copy of the 836 court order, or a report of the proceedings upon a form to be 837 furnished by the department, together with sufficient 838 information to identify the original birth certificate and to 839 enable the preparation of a new birth certificate.

The clerk of 840 the court shall implement a monitoring and quality control plan 841

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 30 of 66 CODING: Words stricken are deletions; words underlined are additions. to ensure that all judicial determinations of paternity are 842 reported to the department in compliance with this section. The 843 department shall track paternity determinations reported monthly 844 by county, monitor compliance with the 30-day timeframe, and 845 report the data to the clerks of the court quarterly. 846

(1) ADOPTION AND ANNULMENT OF ADOPTION.— 847 (

a) Upon receipt of the report or certified copy of an 848 adoption decree, together with the information necessary to 849 identify the original certificate of live birth, and establish a 850 new certificate, the department shall prepare and file a new 851 birth certificate, absent objection by the court decreeing the 852 adoption, the adoptive parents, or the adoptee if of legal age. 853 The certificate shall bear the same file number as the original 854 birth certificate.

All names and identifying information 855 relating to the adoptive parents entered on the new certificate 856 shall refer to the adoptive parents, but nothing in the 857 certificate shall refer to or designate the parents as being 858 adoptive. All other items not affected by adoption shall be 859 copied as on the original certificate, including the date of 860 registration and filing. 861 (

b) Upon receipt of the report or certified copy of an 862 annulment-of-adoption decree, together with the sufficient 863 information to identify the original certificate of live birth, 864 the department shall, if a new certificate of birth was filed 865 following an adoption report or decree, remove the new 866 certificate and restore the original certificate to its original 867 place in the files, and the certificate so removed shall be 868 sealed by the department. 869 (

c) Upon receipt of a report or certified copy of an 870

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 31 of 66 CODING: Words stricken are deletions; words underlined are additions. adoption decree or annulment-of-adoption decree for a person 871 born in another state, the department shall forward the report 872 or decree to the state of the registrant’s birth. If the adoptee 873 was born in Canada, the department shall send a copy of the 874 report or decree to the appropriate birth registration authority 875 in Canada. 876

(2) DETERMINATION OF PATERNITY.—Upon receipt of the report, 877 a certified copy of a final decree of determination of 878 paternity, or a certified copy of a final judgment of 879 dissolution of marriage which requires the former husband to pay 880 child support for the child, together with sufficient 881 information to identify the original certificate of live birth, 882 the department shall prepare and file a new birth certificate, 883 which shall bear the same file number as the original birth 884 certificate.

The registrant’s name shall be entered as decreed 885 by the court or as reflected in the final judgment or support 886 order. The names and identifying information of the parents 887 shall be entered as of the date of the registrant’s birth. 888

(3) AFFIRMATION OF PARENTAL STATUS.—Upon receipt of an 889 order of affirmation of parental status issued pursuant to s. 890 742.16, together with sufficient information to identify the 891 original certificate of live birth, the department shall prepare 892 and file a new birth certificate which shall bear the same file 893 number as the original birth certificate. The names and 894 identifying information of the registrant’s parents entered on 895 the new certificate shall be the commissioning couple, but the 896 new certificate may not make reference to or designate the 897 parents as the commissioning couple. 898

(4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL.—899

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 32 of 66 CODING: Words stricken are deletions; words underlined are additions. When a new certificate of birth is prepared, the department 900 shall substitute the new certificate of birth for the original 901 certificate on file. All copies of the original certificate of 902 live birth in the custody of a local registrar or other state 903 custodian of vital records shall be forwarded to the State 904 Registrar.

Thereafter, when a certified copy of the certificate 905 of birth or portion thereof is issued, it shall be a copy of the 906 new certificate of birth or portion thereof, except when a court 907 order requires issuance of a certified copy of the original 908 certificate of birth.

In an adoption, change in paternity, 909 affirmation of parental status, undetermined parentage, or 910 court-ordered substitution, the department shall place the 911 original certificate of birth and all papers pertaining thereto 912 under seal, not to be broken except by order of a court of 913 competent jurisdiction or as otherwise provided by law. 914

(5) FORM.—Except for certificates of foreign birth which 915 are registered as provided in s. 382.017, and delayed 916 certificates of birth which are registered as provided in ss. 917 382.019 and 382.0195, all original, new, or amended certificates 918 of live birth shall be identical in form, regardless of the 919 marital status of the parents or the fact that the registrant is 920 adopted or of undetermined parentage. 921

(6) RULES.—The department shall adopt and enforce all rules 922 necessary for carrying out the provisions of this section. 923

Section

Section 382.021, Florida Statutes, is amended to 924 read: 925 382.021 Department to receive marriage licenses.—Weekly On 926 or before the 5th day of each month, the county court judge or 927 clerk of the circuit court shall electronically transmit all 928

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 33 of 66 CODING: Words stricken are deletions; words underlined are additions. original marriage licenses, with endorsements, received during 929 the preceding calendar week month, to the department. Any 930 marriage licenses issued and not returned or any marriage 931 licenses returned but not recorded shall be reported by the 932 issuing county court judge or clerk of the circuit court to the 933 department at the time of transmitting the recorded licenses on 934 the forms to be prescribed and furnished by the department.

If 935 during any month no marriage licenses are issued or returned, 936 the county court judge or clerk of the circuit court shall 937 report such fact to the department upon forms prescribed and 938 furnished by the department. 939

Section

Section 382.023, Florida Statutes, is amended 940 to read: 941 382.023 Department to receive dissolution-of-marriage 942 records; fees.—Clerks of the circuit courts shall collect for 943 their services at the time of the filing of a final judgment of 944 dissolution of marriage a fee of up to $10.50, of which 43 945 percent shall be retained by the clerk of the circuit court as a 946 part of the cost in the cause in which the judgment is granted. 947 The remaining 57 percent shall be remitted to the Department of 948 Revenue for deposit to the Department of Health to defray

part 949 of the cost of maintaining the dissolution-of-marriage records. 950 A record of each and every judgment of dissolution of marriage 951 granted by the court during the preceding calendar week month, 952 giving names of parties and such other data as required by forms 953 prescribed by the department, shall be electronically 954 transmitted to the department weekly, on or before the 10th day 955 of each month, along with an accounting of the funds remitted to 956 the Department of Revenue pursuant to this section. 957

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Section 11. Subsections (1) and (4) of

section 382.025, 958 Florida Statutes, are amended to read: 959 382.025 Certified copies of vital records; confidentiality; 960 research.— 961

(1) BIRTH RECORDS.—Except for birth records over 125 100 962 years old which are not under seal pursuant to court order, all 963 birth records of this state shall be confidential and are exempt 964 from the provisions of s. 119.07(1). 965 (

a) Certified copies of the original birth certificate or a 966 new or amended certificate, or affidavits thereof, are 967 confidential and exempt from the provisions of s. 119.07(1) and, 968 upon receipt of a request and payment of the fee prescribed in 969 s. 382.0255, shall be issued only as authorized by the 970 department and in the form prescribed by the department, and 971 only: 972 1. To the registrant, if the registrant is of legal age, is 973 a certified homeless youth, or is a minor who has had the 974 disabilities of nonage removed under s. 743.01 or s. 743.015; 975 2.

To the registrant’s parent or guardian or other legal 976 representative; 977 3. Upon receipt of the registrant’s death certificate, to 978 the registrant’s spouse or to the registrant’s child, 979 grandchild, or sibling, if of legal age, or to the legal 980 representative of any of such person persons; 981 4. To any person if the birth record is more than 125 over 982 100 years old and not under seal pursuant to court order; 983 5. To a law enforcement agency for official purposes; 984 6. To any agency of the state or the United States for 985 official purposes upon approval of the department; or 986

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 35 of 66 CODING: Words stricken are deletions; words underlined are additions. 7. Upon order of any court of competent jurisdiction. 987 (

b) To protect the integrity of vital records and prevent 988 the fraudulent use of the birth certificates of deceased 989 persons, the department shall match birth and death certificates 990 and post the fact of death to the appropriate birth certificate. 991 Except for a commemorative birth certificate, any certification 992 of a birth certificate of a deceased registrant shall be marked 993 “deceased.” In the case of a commemorative birth certificate, 994 such indication of death shall be made on the back of the 995 certificate. 996 (

c) The department shall issue, upon request and upon 997 payment of an additional fee as prescribed under s. 382.0255, a 998 commemorative birth certificate representing that the birth of 999 the person named thereon is recorded in the office of the 1000 registrar. The certificate issued under this paragraph shall be 1001 in a form consistent with the need to protect the integrity of 1002 vital records but shall be suitable for display. It may bear the 1003 seal of the state printed thereon and may be signed by the 1004 Governor. 1005

(4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES.—Only the 1006 state registrar, and local registrars, and those persons 1007 appointed by the department are authorized to issue any 1008 certificate which purports to be a certified copy of an original 1009 certificate of live birth, death, or fetal death. Except as 1010 provided in this section, preparing or issuing certificates is 1011 exempt from the provisions of s. 119.07(1). 1012

Section 12. Subsections (3), (4), and (5) of

section 1013 401.27, Florida Statutes, are amended to read: 1014 401.27 Personnel; standards and certification.— 1015

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(3) Any person who desires to be certified or recertified 1016 as an emergency medical technician or paramedic must apply to 1017 the department under oath on forms provided by the department 1018 which shall contain such information as the department 1019 reasonably requires, which may include affirmative evidence of 1020 ability to comply with applicable laws and rules. The department 1021 shall determine whether the applicant meets the requirements 1022 specified in this

section and in rules of the department and 1023 shall issue a certificate to any person who meets such 1024 requirements. 1025

(4) An applicant for certification or recertification as an 1026 emergency medical technician or paramedic must: 1027 (

a) Have completed an appropriate training program as 1028 follows: 1029 1. For an emergency medical technician, an emergency 1030 medical technician training program approved by the department 1031 as equivalent to the most recent EMT-Basic National Standard 1032 Curriculum or the National EMS Education Standards of the United 1033 States Department of Transportation; 1034 2. For a paramedic, a paramedic training program approved 1035 by the department as equivalent to the most recent EMT-Paramedic 1036 National Standard Curriculum or the National EMS Education 1037 Standards of the United States Department of Transportation; 1038 (

b) Attest Certify under oath that he or she is not 1039 addicted to alcohol or any controlled substance; 1040 (

c) Attest Certify under oath that he or she is free from 1041 any physical or mental defect or disease that might impair the 1042 applicant’s ability to perform his or her duties; 1043 (

d) Within 2 years after program completion have passed an 1044

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 37 of 66 CODING: Words stricken are deletions; words underlined are additions. examination developed or required by the department; 1045 (e)1. For an emergency medical technician, hold a current 1046 American Heart Association cardiopulmonary resuscitation course 1047 card or an American Red Cross cardiopulmonary resuscitation 1048 course card or its equivalent as defined by department rule; 1049 2. For a paramedic, hold a certificate of successful course 1050 completion in advanced cardiac life support from the American 1051 Heart Association or its equivalent as defined by department 1052 rule; 1053 (

f) Submit the certification fee and the nonrefundable 1054 examination fee prescribed in s. 401.34, which examination fee 1055 will be required for each examination administered to an 1056 applicant; and 1057 (

g) Submit a completed application to the department, which 1058 application documents compliance with paragraphs (a), (b), (c), 1059 (e), (f), and this paragraph, and, if applicable, paragraph (d). 1060 The application must be submitted so as to be received by the 1061 department at least 30 calendar days before the next regularly 1062 scheduled examination for which the applicant desires to be 1063 scheduled. 1064

(5) The certification examination must be offered monthly. 1065 The department shall issue an examination admission notice to 1066 the applicant advising him or her of the time and place of the 1067 examination for which he or she is scheduled. Individuals 1068 achieving a passing score on the certification examination may 1069 be issued a temporary certificate with their examination grade 1070 report. The department must issue an original certification 1071 within 45 days after the examination. Examination questions and 1072 answers are not subject to discovery but may be introduced into 1073

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 38 of 66 CODING: Words stricken are deletions; words underlined are additions. evidence and considered only in camera in any administrative 1074 proceeding under

chapter 120. If an administrative hearing is 1075 held, the department shall provide challenged examination 1076 questions and answers to the administrative law judge. The 1077 department shall establish by rule the procedure by which an 1078 applicant, and the applicant’s attorney, may review examination 1079 questions and answers in accordance with s. 119.071(1)(a). 1080

Section 13. Paragraph (

a) of subsection (1) of

section 1081 401.2701, Florida Statutes, is amended to read: 1082 401.2701 Emergency medical services training programs.— 1083

(1) Any private or public institution in Florida desiring 1084 to conduct an approved program for the education of emergency 1085 medical technicians and paramedics shall: 1086 (

a) Submit a completed application on a form provided by 1087 the department, which must include: 1088 1. Evidence that the institution is in compliance with all 1089 applicable requirements of the Department of Education. 1090 2. Evidence of an affiliation agreement with a hospital 1091 that has an emergency department staffed by at least one 1092 physician and one registered nurse. 1093 3. Evidence of an affiliation agreement with a current 1094 emergency medical services provider that is licensed in this 1095 state.

Such agreement shall include, at a minimum, a commitment 1096 by the provider to conduct the field experience portion of the 1097 education program. An applicant licensed as an advanced life 1098 support service under s. 401.25 with permitted transport 1099 vehicles pursuant to s. 401.26 is exempt from the requirements 1100 of this subparagraph and need not submit evidence of an 1101 affiliation agreement with a current emergency medical services 1102

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 39 of 66 CODING: Words stricken are deletions; words underlined are additions. provider. 1103 4. Documentation verifying faculty, including: 1104 a. A medical director who is a licensed physician meeting 1105 the applicable requirements for emergency medical services 1106 medical directors as outlined in this

chapter and rules of the 1107 department. The medical director shall have the duty and 1108 responsibility of certifying that graduates have successfully 1109 completed all phases of the education program and are proficient 1110 in basic or advanced life support techniques, as applicable. 1111 b. A program director responsible for the operation, 1112 organization, periodic review, administration, development, and 1113 approval of the program. 1114 5. Documentation verifying that the curriculum: 1115 a.

Meets the most recent Emergency Medical Technician-Basic 1116 National Standard Curriculum or the National EMS Education 1117 Standards approved by the department for emergency medical 1118 technician programs and Emergency Medical Technician-Paramedic 1119 National Standard Curriculum or the National EMS Education 1120 Standards approved by the department for paramedic programs. 1121 b. Includes 2 hours of instruction on the trauma scorecard 1122 methodologies for assessment of adult trauma patients and 1123 pediatric trauma patients as specified by the department by 1124 rule. 1125 6.

Evidence of sufficient medical and educational equipment 1126 to meet emergency medical services training program needs. 1127

Section

Section 401.272, Florida Statutes, is amended 1128 to read: 1129 401.272 Emergency medical services community health care.— 1130

(1) The purpose of this

section is to encourage more 1131

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 40 of 66 CODING: Words stricken are deletions; words underlined are additions. effective utilization of the skills of emergency medical 1132 technicians and paramedics by enabling them to perform, in 1133 partnership with local county health departments, specific 1134 additional health care tasks that are consistent with the public 1135 health and welfare. 1136

(2) Notwithstanding any other provision of law to the 1137 contrary: 1138 (

a) Paramedics or emergency medical technicians shall 1139 operate under the medical direction of a physician through two-1140 way voice communication or pursuant to established standing 1141 orders or protocols and within the scope of their training when 1142 providing basic life support, advanced life support, and may 1143 perform health promotion and wellness activities and blood 1144 pressure screenings in a nonemergency environment, within the 1145 scope of their training, and under the direction of a medical 1146 director.

As used in this paragraph, the term “health promotion 1147 and wellness” means the provision of public health programs 1148 pertaining to the prevention of illness and injury. 1149 (

b) Paramedics and emergency medical technicians shall 1150 operate under the medical direction of a physician through two-1151 way communication or pursuant to established standing orders or 1152 protocols and within the scope of their training when a patient 1153 is not transported to an emergency department or is transported 1154 to a facility other than a hospital as defined in s. 1155 395.002(12). 1156 (

c) Paramedics may administer immunizations in a 1157 nonemergency environment, within the scope of their training, 1158 and under the medical direction of a physician through two-way 1159 communication or pursuant to established standing orders or 1160

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 41 of 66 CODING: Words stricken are deletions; words underlined are additions. protocols medical director. There must be a written agreement 1161 between the physician providing medical direction paramedic’s 1162 medical director and the department or the county health 1163 department located in each county in which the paramedic 1164 administers immunizations. This agreement must establish the 1165 protocols, policies, and procedures under which the paramedic 1166 must operate. 1167 (d)(

c) Paramedics may provide basic life support services 1168 and advanced life support services to patients receiving acute 1169 and postacute hospital care at home as specified in the 1170 paramedic’s supervisory relationship with a physician or 1171 standing orders as described in s. 401.265, s. 458.348, or s. 1172 459.025.

A physician who supervises or provides medical 1173 direction to a paramedic who provides basic life support 1174 services or advanced life support services to patients receiving 1175 acute and postacute hospital care at home pursuant to a formal 1176 supervisory relationship or standing orders is liable for any 1177 act or omission of the paramedic acting under the physician’s 1178 supervision or medical direction when providing such services. 1179 The department may adopt and enforce rules necessary to 1180 implement this paragraph. 1181

(3) Each physician providing medical direction to medical 1182 director under whose direction a paramedic who administers 1183 immunizations must verify and document that the paramedic has 1184 received sufficient training and experience to administer 1185 immunizations. The verification must be documented on forms 1186 developed by the department, and the completed forms must be 1187 maintained at the service location of the licensee and made 1188 available to the department upon request. 1189

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 42 of 66 CODING: Words stricken are deletions; words underlined are additions.

(4) The department may adopt and enforce all rules 1190 necessary to enforce the provisions relating to a paramedic’s 1191 administration of immunizations and the performance of health 1192 promotion and wellness activities and blood pressure screenings 1193 by a paramedic or emergency medical technician in a nonemergency 1194 environment. 1195

Section 15. Subsections (5), (6), and (7) of

section 1196 401.34, Florida Statutes, are amended to read: 1197 401.34 Fees.— 1198

(5) The department may provide same-day grading of the 1199 examination for an applicant for emergency medical technician or 1200 paramedic certification. 1201

(6) The department may offer walk-in eligibility 1202 determination and examination to applicants for emergency 1203 medical technician or paramedic certification who pay to the 1204 department a nonrefundable fee to be set by the department not 1205 to exceed $65. The fee is in addition to the certification fee 1206 and examination fee. The department must establish locations and 1207 times for eligibility determination and examination. 1208

(7) The cost of emergency medical technician or paramedic 1209 certification examination review may not exceed $50. 1210

Section

Section 401.435, Florida Statutes, is amended 1211 to read: 1212 401.435 Emergency medical First responder agencies and 1213 training.— 1214

(1) The department must adopt by rule the United States 1215 Department of Transportation National Emergency Medical Services 1216 Education Standards for the Emergency Medical Services: First 1217 Responder level Training Course as the minimum standard for 1218

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 43 of 66 CODING: Words stricken are deletions; words underlined are additions. emergency medical first responder training. In addition, the 1219 department must adopt rules establishing minimum emergency 1220 medical first responder instructor qualifications. For purposes 1221 of this section, an emergency medical a first responder includes 1222 any individual who receives training to render initial care to 1223 an ill or injured person, other than an individual trained and 1224 certified pursuant to s. 943.1395(1), but who does not have the 1225 primary responsibility of treating and transporting ill or 1226 injured persons. 1227

(2) Each emergency medical first responder agency must take 1228 all reasonable efforts to enter into a memorandum of 1229 understanding with the emergency medical services licensee 1230 within whose territory the agency operates in order to 1231 coordinate emergency services at an emergency scene. The 1232 department must provide a model memorandum of understanding for 1233 this purpose.

The memorandum of understanding should include 1234 dispatch protocols, the roles and responsibilities of emergency 1235 medical first responder personnel at an emergency scene, and the 1236 documentation required for patient care rendered.

For purposes 1237 of this section, the term “emergency medical first responder 1238 agency” includes a law enforcement agency, a fire service agency 1239 not licensed under this part, a lifeguard agency, and a 1240 volunteer organization that renders, as part of its routine 1241 functions, on-scene patient care before emergency medical 1242 technicians or paramedics arrive. 1243

Section 17. Paragraph (

a) of subsection (1) of

section 1244 464.203, Florida Statutes, is amended to read: 1245 464.203 Certified nursing assistants; certification 1246 requirement.— 1247

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 44 of 66 CODING: Words stricken are deletions; words underlined are additions.

(1) The board shall issue a certificate to practice as a 1248 certified nursing assistant to any person who demonstrates a 1249 minimum competency to read and write and successfully passes the 1250 required background screening pursuant to s. 400.215.

If the 1251 person has successfully passed the required background screening 1252 pursuant to s. 400.215 or s. 408.809 within 90 days before 1253 applying for a certificate to practice and the person’s 1254 background screening results are not retained in the 1255 clearinghouse created under s. 435.12, the board shall waive the 1256 requirement that the applicant successfully pass an additional 1257 background screening pursuant to s. 400.215. The person must 1258 also meet one of the following requirements: 1259 (

a) Has successfully completed an approved training program 1260 and achieved a minimum score, established by rule of the board, 1261 on the nursing assistant competency examination, which consists 1262 of a written portion and skills-demonstration portion approved 1263 by the board and administered at a site and by personnel 1264 approved by the department. Any person who has successfully 1265 completed an approved training program within 6 months before 1266 filing an application for certification is not required to take 1267 the skills-demonstration portion of the competency examination. 1268

Section

Section 468.1225, Florida Statutes, is amended 1269 to read: 1270 468.1225 Procedures, equipment, and protocols.— 1271

(1) The following minimal procedures shall be used when a 1272 licensed audiologist fits and sells a prescription hearing aid: 1273 (

a) Pure tone audiometric testing by air and bone to 1274 determine the type and degree of hearing deficiency when 1275 indicated. 1276

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 45 of 66 CODING: Words stricken are deletions; words underlined are additions. (

b) Effective masking when indicated. 1277 (

c) Appropriate testing to determine speech reception 1278 thresholds, speech discrimination scores, the most comfortable 1279 listening levels, uncomfortable loudness levels, and the 1280 selection of the best fitting arrangement for maximum hearing 1281 aid benefit when indicated. 1282

(2) The following equipment shall be used: 1283 (

a) A wide range audiometer that which meets the 1284 specifications of the American National Standards Institute for 1285 diagnostic audiometers when indicated. 1286 (

b) A speech audiometer or a master hearing aid in order to 1287 determine the most comfortable listening level and speech 1288 discrimination when indicated. 1289

(3) A final fitting ensuring physical and operational 1290 comfort of the prescription hearing aid shall be made when 1291 indicated. 1292

(4) A licensed audiologist who fits and sells prescription 1293 hearing aids shall obtain the following medical clearance: If, 1294 upon inspection of the ear canal with an otoscope in the common 1295 procedure of fitting a prescription hearing aid and upon 1296 interrogation of the client, there is any recent history of 1297 infection or any observable anomaly, the client shall be 1298 instructed to see a physician, and a prescription hearing aid 1299 may shall not be fitted until medical clearance is obtained for 1300 the condition noted.

If, upon return, the condition noted is no 1301 longer observable and the client signs a medical waiver, a 1302 prescription hearing aid may be fitted. Any person with a 1303 significant difference between bone conduction hearing and air 1304 conduction hearing must be informed of the possibility of 1305

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 46 of 66 CODING: Words stricken are deletions; words underlined are additions. medical or surgical correction. 1306 (5)(

a) A licensed audiologist’s office must have available, 1307 or have access to, a selection of prescription hearing aid 1308 models, hearing aid supplies, and services complete enough to 1309 accommodate the various needs of the hearing aid wearers. 1310 (

b) At the time of the initial examination for fitting and 1311 sale of a prescription hearing aid, the attending audiologist 1312 must notify the prospective purchaser of the benefits of 1313 telecoil, also known as “t” coil or “t” switch, technology, 1314 including increased access to telephones and noninvasive access 1315 to assistive listening systems required under the Americans with 1316 Disabilities Act of 1990. 1317

(6) Unless otherwise indicated, each audiometric test 1318 conducted by a licensee or a certified audiology assistant in 1319 the fitting and selling of prescription hearing aids must shall 1320 be made in a testing room that has been certified by the 1321 department, or by an agent approved by the department, not to 1322 exceed the following sound pressure levels at the specified 1323 frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1324 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, 1325 and 8000Hz-67dB.

An exception to this requirement shall be made 1326 in the case of a client who, after being provided written notice 1327 of the benefits and advantages of having the test conducted in a 1328 certified testing room, requests that the test be conducted in a 1329 place other than the licensee’s certified testing room. Such 1330 request must shall be documented by a waiver that which includes 1331 the written notice and is signed by the licensee and the client 1332 before prior to the testing. The waiver must shall be executed 1333 on a form provided by the department. The executed waiver must 1334

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 47 of 66 CODING: Words stricken are deletions; words underlined are additions. shall be attached to the client’s copy of the contract, and a 1335 copy of the executed waiver must shall be retained in the 1336 licensee’s file. 1337

(7) The board may shall have the power to prescribe the 1338 minimum procedures and equipment used in the conducting of 1339 hearing assessments and for the fitting and selling of 1340 prescription hearing aids. The board shall adopt and enforce 1341 rules necessary to implement carry out the provisions of this 1342 subsection and subsection (6). 1343

(8) Any duly authorized officer or employee of the 1344 department may shall have the right to make such inspections and 1345 investigations as are necessary in order to determine the state 1346 of compliance with the provisions of this

section and the 1347 applicable rules and may enter the premises of a licensee and 1348 inspect the records of same upon reasonable belief that a 1349 violation of this law is being or has been committed or that the 1350 licensee has failed or is failing to comply with the provisions 1351 of this part. 1352

Section

Section 468.1245, Florida Statutes, is amended 1353 to read: 1354 468.1245 Itemized listing of prices; delivery of 1355 prescription hearing aid; receipt; guarantee; packaging; 1356 disclaimer.— 1357

(1) Before Prior to delivery of services or products to a 1358 prospective purchaser, a licensee must shall disclose, upon 1359 request by the prospective purchaser, an itemized listing of 1360 prices, which must listing shall include separate price 1361 estimates for each service component and each product. Provision 1362 of such itemized listing of prices may shall not be predicated 1363

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 48 of 66 CODING: Words stricken are deletions; words underlined are additions. on the prospective purchaser’s payment of any charge or 1364 agreement to purchase any service or product. 1365

(2) Any licensee who fits and sells a prescription hearing 1366 aid shall, at the time of delivery, provide the purchaser with a 1367 receipt containing the seller’s signature, the address of his or 1368 her regular place of business, and his or her license or 1369 certification number, if applicable, together with the brand, 1370 model, manufacturer or manufacturer’s identification code, and 1371 serial number of the prescription hearing aid furnished and the 1372 amount charged for the prescription hearing aid.

The receipt 1373 must also shall specify whether the prescription hearing aid is 1374 new, used, or rebuilt, and shall specify the length of time and 1375 other terms of the guarantee, and by whom the prescription 1376 hearing aid is guaranteed. When the client has requested an 1377 itemized list of prices, the receipt must shall also provide an 1378 itemization of the total purchase price, including, but not 1379 limited to, the cost of the aid, ear mold, batteries, and other 1380 accessories, and the cost of any services.

Notice of the 1381 availability of this service must be displayed in a conspicuous 1382 manner in the office. The receipt must also shall state that any 1383 complaint concerning the prescription hearing aid and its 1384 guarantee, if not reconciled with the licensee from whom the 1385 prescription hearing aid was purchased, should be directed by 1386 the purchaser to the department. The address and telephone 1387 number of such office must shall be stated on the receipt. 1388

(3) A prescription No hearing aid may not be sold to any 1389 person unless both the packaging containing the prescription 1390 hearing aid and the contract provided pursuant to subsection (2) 1391 carry the following disclaimer in 10-point or larger type: “A 1392

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 49 of 66 CODING: Words stricken are deletions; words underlined are additions. hearing aid will not restore normal hearing, nor will it prevent 1393 further hearing loss.” 1394

Section

Section 468.1246, Florida Statutes, is amended 1395 to read: 1396 468.1246 Thirty-day trial period; purchaser’s right to 1397 cancel; notice; refund; cancellation fee.— 1398

(1) A person selling a prescription hearing aid in this 1399 state must provide the buyer with written notice of a 30-day 1400 trial period and money-back guarantee. The guarantee must permit 1401 the purchaser to cancel the purchase for a valid reason as 1402 defined by rule of the board within 30 days after receiving the 1403 prescription hearing aid, by returning the prescription hearing 1404 aid or mailing written notice of cancellation to the seller.

If 1405 the prescription hearing aid must be repaired, remade, or 1406 adjusted during the 30-day trial period, the running of the 30-1407 day trial period is suspended 1 day for each 24-hour period that 1408 the prescription hearing aid is not in the purchaser’s 1409 possession. A repaired, remade, or adjusted prescription hearing 1410 aid must be claimed by the purchaser within 3 working days after 1411 notification of availability.

The running of the 30-day trial 1412 period resumes on the day the purchaser reclaims a repaired, 1413 remade, or adjusted prescription hearing aid or on the 4th day 1414 after notification of availability. 1415

(2) The board, in consultation with the Board of Hearing 1416 Aid Specialists, shall prescribe by rule the terms and 1417 conditions to be contained in the money-back guarantee and any 1418 exceptions thereto. Such rule must shall provide, at a minimum, 1419 that the charges for earmolds and service provided to fit the 1420 prescription hearing aid may be retained by the licensee. The 1421

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 50 of 66 CODING: Words stricken are deletions; words underlined are additions. rules must shall also set forth any reasonable charges to be 1422 held by the licensee as a cancellation fee. Such rule shall be 1423 effective on or before December 1, 1994. Should the board fail 1424 to adopt such rule, a licensee may not charge a cancellation fee 1425 which exceeds 5 percent of the total charge for a hearing aid 1426 alone. The terms and conditions of the guarantee, including the 1427 total amount available for refund, must shall be provided in 1428 writing to the purchaser before prior to the signing of the 1429 contract. 1430

Section

Section 468.1255, Florida Statutes, is amended 1431 to read: 1432 468.1255 Cancellation by medical authorization; purchaser’s 1433 right to return.— 1434

(1) In addition to any other rights and remedies the 1435 purchaser of a prescription hearing aid may have, the purchaser 1436 has shall have the right to rescind the transaction if the 1437 purchaser for whatever reason consults a licensed physician with 1438 specialty board certification in otolaryngology or internal 1439 medicine or a licensed family practice physician, subsequent to 1440 purchasing a prescription hearing aid, and the physician 1441 certifies in writing that the purchaser has a hearing impairment 1442 for which a prescription hearing aid will not provide a benefit 1443 or that the purchaser has a medical condition which 1444 contraindicates the use of a prescription hearing aid. 1445

(2) The purchaser of a prescription hearing aid has shall 1446 have the right to rescind as provided in subsection (1) only if 1447 the purchaser gives a written notice of the intent to rescind 1448 the transaction to the seller at the seller’s place of business 1449 by certified mail, return receipt requested, which notice shall 1450

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 51 of 66 CODING: Words stricken are deletions; words underlined are additions. be posted not later than 60 days following the date of delivery 1451 of the prescription hearing aid to the purchaser, and the 1452 purchaser returns the prescription hearing aid to the seller in 1453 the original condition less normal wear and tear. 1454

(3) If the conditions of subsections (1) and (2) are met, 1455 the seller must shall, without request, refund to the purchaser, 1456 within 10 days after of the receipt of notice to rescind, a full 1457 and complete refund of all moneys received, less 5 percent. The 1458 purchaser does not shall incur any no additional liability for 1459 rescinding the transaction. 1460

Section

Section 468.1265, Florida Statutes, is amended 1461 to read: 1462 468.1265 Sale or distribution of prescription hearing aids 1463 through mail; penalty.—It is unlawful for any person to sell or 1464 distribute prescription hearing aids through the mail to the 1465 ultimate consumer. Any person who violates this

section commits 1466 a misdemeanor of the second degree, punishable as provided in s. 1467 775.082 or s. 775.083. 1468

Section

Section 468.1275, Florida Statutes, is amended 1469 to read: 1470 468.1275 Place of business; display of license.—Each 1471 licensee who fits and sells a prescription hearing aid shall 1472 declare and establish a regular place of business, at which his 1473 or her license shall be conspicuously displayed. 1474

Section

Section 484.0401, Florida Statutes, is amended 1475 to read: 1476 484.0401 Purpose.—The Legislature recognizes that the 1477 dispensing of prescription hearing aids requires particularized 1478 knowledge and skill to ensure that the interests of the hearing-1479

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 52 of 66 CODING: Words stricken are deletions; words underlined are additions. impaired public will be adequately served and safely protected. 1480 It recognizes that a poorly selected or fitted prescription 1481 hearing aid not only will give little satisfaction but may 1482 interfere with hearing ability and, therefore, deems it 1483 necessary in the interest of the public health, safety, and 1484 welfare to regulate the dispensing of prescription hearing aids 1485 in this state.

Restrictions on the fitting and selling of 1486 prescription hearing aids shall be imposed only to the extent 1487 necessary to protect the public from physical and economic harm, 1488 and restrictions shall not be imposed in a manner which will 1489 unreasonably affect the competitive market. 1490

Section

Section 484.041, Florida Statutes, is reordered 1491 and amended to read: 1492 484.041

Definitions.—As used in this part, the term: 1493 (1) “Board” means the Board of Hearing Aid Specialists. 1494 (2) “Department” means the Department of Health. 1495 (3) “Dispensing prescription hearing aids” means and 1496 includes: 1497 (

a) Conducting and interpreting hearing tests for purposes 1498 of selecting suitable prescription hearing aids, making earmolds 1499 or ear impressions, and providing appropriate counseling. 1500 (

b) All acts pertaining to the selling, renting, leasing, 1501 pricing, delivery, and warranty of prescription hearing aids. 1502 (6)(4) “Hearing aid specialist” means a person duly 1503 licensed in this state to practice the dispensing of 1504 prescription hearing aids. 1505 (4)(5) “Hearing aid” means any wearable an amplifying 1506 device designed for, offered for the purpose of, or represented 1507 as aiding persons with, or compensating for, impaired hearing to 1508

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 53 of 66 CODING: Words stricken are deletions; words underlined are additions. be worn by a hearing-impaired person to improve hearing. 1509 (10)(6) “Trainee” means a person studying prescription 1510 hearing aid dispensing under the direct supervision of an active 1511 licensed hearing aid specialist for the purpose of qualifying 1512 for certification to sit for the licensure examination. 1513 (5)(7) “Hearing aid establishment” means any establishment 1514 in this the state which employs a licensed hearing aid 1515 specialist who offers, advertises, and performs hearing aid 1516 services for the general public. 1517 (7) “Over-the-counter hearing aid” means an air-conduction 1518 hearing aid that does not require implantation or other surgical 1519 intervention and is intended for use by a person 18 years of age 1520 or older to compensate for perceived mild to moderate hearing 1521 impairment. 1522 (8) “Prescription hearing aid” means a hearing aid that is 1523 not an over-the-counter hearing aid and that does not otherwise 1524 meet the criteria for a prescription hearing aid under this 1525 part. 1526 (9) “Sponsor” means an active, licensed hearing aid 1527 specialist under whose direct supervision one or more trainees 1528 are studying prescription hearing aid dispensing for the purpose 1529 of qualifying for certification to sit for the licensure 1530 examination. 1531

Section 26. Subsection (2) of

section 484.042, Florida 1532 Statutes, is amended to read: 1533 484.042 Board of Hearing Aid Specialists; membership, 1534 appointment, terms.— 1535

(2) Five members of the board shall be hearing aid 1536 specialists who have been licensed and practicing the dispensing 1537

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 54 of 66 CODING: Words stricken are deletions; words underlined are additions. of prescription hearing aids in this state for at least the 1538 preceding 4 years. The remaining four members, none of whom 1539 shall derive economic benefit from the fitting or dispensing of 1540 hearing aids, shall be appointed from the resident lay public of 1541 this state.

One of the lay members shall be a prescription 1542 hearing aid user but may not neither be nor have been a hearing 1543 aid specialist or a licensee of a closely related profession. 1544 One lay member shall be an individual age 65 or over. One lay 1545 member shall be an otolaryngologist licensed pursuant to

chapter 1546 458 or

chapter 459. 1547

Section 27. Subsection (2) of

section 484.044, Florida 1548 Statutes, is amended to read: 1549 484.044 Authority to make rules.— 1550

(2) The board shall adopt rules requiring that each 1551 prospective purchaser of a prescription hearing aid be notified 1552 by the attending hearing aid specialist, at the time of the 1553 initial examination for fitting and sale of a hearing aid, of 1554 telecoil, “t” coil, or “t” switch technology. The rules shall 1555 further require that hearing aid specialists make available to 1556 prospective purchasers or clients information regarding 1557 telecoils, “t” coils, or “t” switches. These rules shall be 1558 effective on or before October 1, 1994. 1559

Section 28. Subsection (2) of

section 484.0445, Florida 1560 Statutes, is amended to read: 1561 484.0445 Training program.— 1562

(2) A trainee shall perform the functions of a hearing aid 1563 specialist in accordance with board rules only under the direct 1564 supervision of a licensed hearing aid specialist. The term 1565 “direct supervision” means that the sponsor is responsible for 1566

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 55 of 66 CODING: Words stricken are deletions; words underlined are additions. all work being performed by the trainee. The sponsor or a 1567 hearing aid specialist designated by the sponsor shall give 1568 final approval to work performed by the trainee and shall be 1569 physically present at the time the prescription hearing aid is 1570 delivered to the client. 1571

Section 29. Subsection (2) of

section 484.045, Florida 1572 Statutes, is amended to read: 1573 484.045 Licensure by examination.— 1574

(2) The department shall license each applicant who the 1575 board certifies meets all of the following criteria: 1576 (

a) Has completed the application form and remitted the 1577 required fees.; 1578 (

b) Is of good moral character.; 1579 (

c) Is 18 years of age or older.; 1580 (

d) Is a graduate of an accredited high school or its 1581 equivalent.; 1582 (e)1. Has met the requirements of the training program; or 1583 2.a. Has a valid, current license as a hearing aid 1584 specialist or its equivalent from another state and has been 1585 actively practicing in such capacity for at least 12 months; or 1586 b. Is currently certified by the National Board for 1587 Certification in Hearing Instrument Sciences and has been 1588 actively practicing for at least 12 months.; 1589 (

f) Has passed an examination, as prescribed by board 1590 rule.; and 1591 (

g) Has demonstrated, in a manner designated by rule of the 1592 board, knowledge of state laws and rules relating to the fitting 1593 and dispensing of prescription hearing aids. 1594

Section

Section 484.0501, Florida Statutes, is amended 1595

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 56 of 66 CODING: Words stricken are deletions; words underlined are additions. to read: 1596 484.0501 Minimal procedures and equipment.— 1597

(1) The following minimal procedures shall be used in the 1598 fitting and selling of prescription hearing aids: 1599 (

a) Pure tone audiometric testing by air and bone to 1600 determine the type and degree of hearing deficiency. 1601 (

b) Effective masking when indicated. 1602 (

c) Appropriate testing to determine speech reception 1603 thresholds, speech discrimination scores, the most comfortable 1604 listening levels, uncomfortable loudness levels, and the 1605 selection of the best fitting arrangement for maximum hearing 1606 aid benefit. 1607

(2) The following equipment shall be used: 1608 (

a) A wide range audiometer that which meets the 1609 specifications of the American National Standards Institute for 1610 diagnostic audiometers. 1611 (

b) A speech audiometer or a master hearing aid in order to 1612 determine the most comfortable listening level and speech 1613 discrimination. 1614

(3) A final fitting ensuring physical and operational 1615 comfort of the prescription hearing aid shall be made. 1616

(4) The following medical clearance shall be obtained: If, 1617 upon inspection of the ear canal with an otoscope in the common 1618 procedure of a prescription hearing aid fitter and upon 1619 interrogation of the client, there is any recent history of 1620 infection or any observable anomaly, the client must shall be 1621 instructed to see a physician, and a prescription hearing aid 1622 may shall not be fitted until medical clearance is obtained for 1623 the condition noted. If, upon return, the condition noted is no 1624

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 57 of 66 CODING: Words stricken are deletions; words underlined are additions. longer observable and the client signs a medical waiver, a 1625 prescription hearing aid may be fitted. Any person with a 1626 significant difference between bone conduction hearing and air 1627 conduction hearing must be informed of the possibility of 1628 medical correction. 1629 (5)(

a) A prescription hearing aid establishment office must 1630 have available, or have access to, a selection of prescription 1631 hearing aid models, hearing aid supplies, and services complete 1632 enough to accommodate the various needs of the prescription 1633 hearing aid wearers. 1634 (

b) At the time of the initial examination for fitting and 1635 sale of a prescription hearing aid, the attending hearing aid 1636 specialist shall must notify the prospective purchaser or client 1637 of the benefits of telecoil, “t” coil, or “t” switch technology, 1638 including increased access to telephones and noninvasive access 1639 to assistive listening systems required under the Americans with 1640 Disabilities Act of 1990. 1641

(6) Each audiometric test conducted by a licensee or 1642 authorized trainee in the fitting and selling of prescription 1643 hearing aids must shall be made in a testing room that has been 1644 certified by the department, or by an agent approved by the 1645 department, not to exceed the following sound pressure levels at 1646 the specified frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1647 1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 1648 6000Hz-62dB, and 8000Hz-67dB.

An exception to this requirement 1649 shall be made in the case of a client who, after being provided 1650 written notice of the benefits and advantages of having the test 1651 conducted in a certified testing room, requests that the test be 1652 conducted in a place other than the licensee’s certified testing 1653

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 58 of 66 CODING: Words stricken are deletions; words underlined are additions. room. Such request must shall be documented by a waiver which 1654 includes the written notice and is signed by the licensee and 1655 the client before prior to the testing. The waiver must shall be 1656 executed on a form provided by the department. The executed 1657 waiver must shall be attached to the client’s copy of the 1658 contract, and a copy of the executed waiver must shall be 1659 retained in the licensee’s file. 1660

(7) The board may shall have the power to prescribe the 1661 minimum procedures and equipment which must shall be used in the 1662 conducting of hearing assessments, and for the fitting and 1663 selling of prescription hearing aids, including equipment that 1664 will measure the prescription hearing aid’s response curves to 1665 ensure that they meet the manufacturer’s specifications. These 1666 procedures and equipment may differ from those provided in this 1667

section in order to take full advantage of devices and equipment 1668 which may hereafter become available and which are demonstrated 1669 to be of greater efficiency and accuracy. The board shall adopt 1670 and enforce rules necessary to implement carry out the 1671 provisions of this subsection and subsection (6). 1672

(8) Any duly authorized officer or employee of the 1673 department may shall have the right to make such inspections and 1674 investigations as are necessary in order to determine the state 1675 of compliance with the provisions of this

section and the 1676 applicable rules and may enter the premises of a licensee and 1677 inspect the records of same upon reasonable belief that a 1678 violation of this law is being or has been committed or that the 1679 licensee has failed or is failing to comply with the provisions 1680 of this part act. 1681

(9) A licensed hearing aid specialist may service, market, 1682

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 59 of 66 CODING: Words stricken are deletions; words underlined are additions. sell, dispense, provide customer support for, and distribute 1683 prescription and over-the-counter hearing aids. 1684

Section

Section 484.051, Florida Statutes, is amended 1685 to read: 1686 484.051 Itemization of prices; delivery of prescription 1687 hearing aid; receipt, packaging, disclaimer, guarantee.— 1688

(1) Before Prior to delivery of services or products to a 1689 prospective purchaser, any person who fits and sells 1690 prescription hearing aids must shall disclose on request by the 1691 prospective purchaser an itemized listing of prices, which must 1692 listing shall include separate price estimates for each service 1693 component and each product. Provision of such itemized listing 1694 of prices may shall not be predicated on the prospective 1695 purchaser’s payment of any charge or agreement to purchase any 1696 service or product. 1697

(2) Any person who fits and sells a prescription hearing 1698 aid must shall, at the time of delivery, provide the purchaser 1699 with a receipt containing the seller’s signature, the address of 1700 her or his regular place of business, and her or his license or 1701 trainee registration number, if applicable, together with the 1702 brand, model, manufacturer or manufacturer’s identification 1703 code, and serial number of the prescription hearing aid 1704 furnished and the amount charged for the prescription hearing 1705 aid.

The receipt must also shall specify whether the 1706 prescription hearing aid is new, used, or rebuilt, and shall 1707 specify the length of time and other terms of the guarantee, and 1708 by whom the prescription hearing aid is guaranteed. If When the 1709 client has requested an itemized list of prices, the receipt 1710 must shall also provide an itemization of the total purchase 1711

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 60 of 66 CODING: Words stricken are deletions; words underlined are additions. price, including, but not limited to, the cost of the aid, 1712 earmold, batteries and other accessories, and any services. 1713 Notice of the availability of this service shall be displayed in 1714 a conspicuous manner in the office.

The receipt must also shall 1715 state that any complaint concerning the prescription hearing aid 1716 and guarantee therefor, if not reconciled with the licensee from 1717 whom the prescription hearing aid was purchased, should be 1718 directed by the purchaser to the Department of Health. The 1719 address and telephone number of such office must shall be stated 1720 on the receipt. 1721

(3) A prescription No hearing aid may not be sold to any 1722 person unless both the packaging containing the prescription 1723 hearing aid and the itemized receipt provided pursuant to 1724 subsection (2) carry the following disclaimer in 10-point or 1725 larger type: “A hearing aid will not restore normal hearing, nor 1726 will it prevent further hearing loss.” 1727

Section

Section 484.0512, Florida Statutes, is amended 1728 to read: 1729 484.0512 Thirty-day trial period; purchaser’s right to 1730 cancel; notice; refund; cancellation fee; criminal penalty.— 1731

(1) A person selling a prescription hearing aid in this 1732 state must provide the buyer with written notice of a 30-day 1733 trial period and money-back guarantee. The guarantee must permit 1734 the purchaser to cancel the purchase for a valid reason, as 1735 defined by rule of the board rule, within 30 days after 1736 receiving the prescription hearing aid, by returning the 1737 prescription hearing aid or mailing written notice of 1738 cancellation to the seller. If the prescription hearing aid must 1739 be repaired, remade, or adjusted during the 30-day trial period, 1740

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 61 of 66 CODING: Words stricken are deletions; words underlined are additions. the running of the 30-day trial period is suspended 1 day for 1741 each 24-hour period that the prescription hearing aid is not in 1742 the purchaser’s possession. A repaired, remade, or adjusted 1743 prescription hearing aid must be claimed by the purchaser within 1744 3 working days after notification of availability.

The running 1745 of the 30-day trial period resumes on the day the purchaser 1746 reclaims the repaired, remade, or adjusted prescription hearing 1747 aid or on the fourth day after notification of availability, 1748 whichever occurs earlier. 1749

(2) The board, in consultation with the Board of Speech-1750 Language Pathology and Audiology, shall prescribe by rule the 1751 terms and conditions to be contained in the money-back guarantee 1752 and any exceptions thereto. Such rules must rule shall provide, 1753 at a minimum, that the charges for earmolds and service provided 1754 to fit the prescription hearing aid may be retained by the 1755 licensee. The rules must shall also set forth any reasonable 1756 charges to be held by the licensee as a cancellation fee. Such 1757 rule shall be effective on or before December 1, 1994.

Should 1758 the board fail to adopt such rule, a licensee may not charge a 1759 cancellation fee which exceeds 5 percent of the total charge for 1760 a hearing aid alone. The terms and conditions of the guarantee, 1761 including the total amount available for refund, must shall be 1762 provided in writing to the purchaser before prior to the signing 1763 of the contract. 1764

(3) Within 30 days after the return or attempted return of 1765 the prescription hearing aid, the seller shall refund all moneys 1766 that must be refunded to a purchaser pursuant to this section. A 1767 violation of this subsection is a misdemeanor of the first 1768 degree, punishable as provided in s. 775.082 or s. 775.083. 1769

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(4) For purposes of this section, the term “seller” or 1770 “person selling a prescription hearing aid” includes: 1771 (

a) Any natural person licensed under this part or any 1772 other natural person who signs a sales receipt required by s. 1773 484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or 1774 dispenses a prescription hearing aid. 1775 (

b) Any business organization, whether a sole 1776 proprietorship, partnership, corporation, professional 1777 association, joint venture, business trust, or other legal 1778 entity, that which dispenses a prescription hearing aid or 1779 enters into an agreement to dispense a prescription hearing aid. 1780 (

c) Any person who controls, manages, or operates an 1781 establishment or business that dispenses a prescription hearing 1782 aid or enters into an agreement to dispense a prescription 1783 hearing aid. 1784

Section

Section 484.0513, Florida Statutes, is amended 1785 to read: 1786 484.0513 Cancellation by medical authorization; purchaser’s 1787 right to return.— 1788

(1) In addition to any other rights and remedies the 1789 purchaser of a prescription hearing aid may have, the purchaser 1790 has shall have the right to rescind the transaction if the 1791 purchaser for whatever reason consults a licensed physician with 1792 specialty board certification in otolaryngology or internal 1793 medicine or a licensed family practice physician, subsequent to 1794 purchasing a prescription hearing aid, and the physician 1795 certifies in writing that the purchaser has a hearing impairment 1796 for which a prescription hearing aid will not provide a benefit 1797 or that the purchaser has a medical condition which 1798

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 63 of 66 CODING: Words stricken are deletions; words underlined are additions. contraindicates the use of a prescription hearing aid. 1799

(2) The purchaser of a prescription hearing aid has shall 1800 have the right to rescind as provided in subsection (1) only if 1801 the purchaser gives a written notice of the intent to rescind 1802 the transaction to the seller at the seller’s place of business 1803 by certified mail, return receipt requested, which must notice 1804 shall be posted within not later than 60 days after following 1805 the date of delivery of the prescription hearing aid to the 1806 purchaser, and the purchaser returns the prescription hearing 1807 aid to the seller in the original condition less normal wear and 1808 tear. 1809

(3) If the conditions of subsections (1) and (2) are met, 1810 the seller must shall, without request, refund to the purchaser, 1811 within 10 days after of the receipt of the notice to rescind, a 1812 full and complete refund of all moneys received, less 5 percent. 1813 The purchaser does not shall incur any no additional liability 1814 for rescinding the transaction. 1815

Section

Section 484.053, Florida Statutes, is amended 1816 to read: 1817 484.053 Prohibitions; penalties.— 1818

(1) A person may not: 1819 (

a) Practice dispensing prescription hearing aids unless 1820 the person is a licensed hearing aid specialist; 1821 (

b) Use the name or title “hearing aid specialist” when the 1822 person has not been licensed under this part; 1823 (

c) Present as her or his own the license of another; 1824 (

d) Give false, incomplete, or forged evidence to the board 1825 or a member thereof for the purposes of obtaining a license; 1826 (

e) Use or attempt to use a hearing aid specialist license 1827

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 64 of 66 CODING: Words stricken are deletions; words underlined are additions. that is delinquent or has been suspended, revoked, or placed on 1828 inactive status; 1829 (

f) Knowingly employ unlicensed persons in the practice of 1830 dispensing prescription hearing aids; or 1831 (

g) Knowingly conceal information relative to violations of 1832 this part. 1833

(2) Any person who violates any provision of the provisions 1834 of this

section is guilty of a felony of the third degree, 1835 punishable as provided in s. 775.082 or s. 775.083. 1836

(3) If a person licensed under this part allows the sale of 1837 a prescription hearing aid by an unlicensed person not 1838 registered as a trainee or fails to comply with the requirements 1839 of s. 484.0445(2) relating to supervision of trainees, the board 1840 must shall, upon determination of that violation, order the full 1841 refund of moneys paid by the purchaser upon return of the 1842 prescription hearing aid to the seller’s place of business. 1843

Section

Section 484.054, Florida Statutes, is amended 1844 to read: 1845 484.054 Sale or distribution of prescription hearing aids 1846 through mail; penalty.—It is unlawful for any person to sell or 1847 distribute prescription hearing aids through the mail to the 1848 ultimate consumer. Any violation of this

section constitutes a 1849 misdemeanor of the second degree, punishable as provided in s. 1850 775.082 or s. 775.083. 1851

Section

Section 484.059, Florida Statutes, is amended 1852 to read: 1853 484.059 Exemptions.— 1854

(1) The licensure requirements of this part do not apply to 1855 any person engaged in recommending prescription hearing aids as 1856

Florida Senate - 2023 SB 1506 40-01471A-23 20231506__ Page 65 of 66 CODING: Words stricken are deletions; words underlined are additions. part of the academic curriculum of an accredited institution of 1857 higher education, or as part of a program conducted by a public 1858 charitable institution supported primarily by voluntary 1859 contribution, provided this organization does not dispense or 1860 sell prescription hearing aids or accessories. 1861

(2) The licensure requirements of this part do not apply to 1862 any person licensed to practice medicine in this the state, 1863 except that such physician must shall