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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 cert ain 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
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local registrars to electronically file all live 26
birth, death, and fetal d eath records in their 27
respective jurisdictions in the department's 28
electronic registration system; requiring the local 29
registrars to file a paper record with the department 30
if the electronic system is unavailable; requiring 31
local registrars to make blank p aper 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 cert ain 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 diss olution-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 t o 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
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emergency medical technicians or paramedics; deleting 51
a requirement that a c ertain 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 fr om the requirement to have a 57
certain affiliation agreement; amending s. 401.272, 58
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
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conforming provisions to changes made by the act; 76
deleting obsolete lang uage; 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
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
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101
Section 1. Effective upon this act becoming law, section 102
381.875, Florida Statutes, is created to read: 103
381.875 Enhanced po tential 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, 116
virus, or other microorganism that is likely to be both: 117
1. Highly transmissible and capable of wide, 118
uncontrollable 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
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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 135
subsection (1) of section 381.986, Florida Statutes, are 136
redesignated as paragraphs (b) through (p), respectively, a new 137
paragraph (a) is added to that subsection, and paragraphs (a) 138
and (c) of subsection (3), paragraphs (e), (h), and (k) of 139
subsection (8), and subsection (9) of that section are am ended, 140
to read: 141
381.986 Medical use of marijuana. — 142
(1) DEFINITIONS.—As used in this section, the term: 143
(a) "Attractive to children" means the use of any image or 144
words designed or likely to appeal to persons younger than 18 145
years of age, including, b ut not limited to, cartoons, toys, 146
animals, food, or depictions of persons younger than 18 years of 147
age; any other likeness to images, characters, or phrases that 148
are popularly used to advertise to persons younger than 18 years 149
of age; or any reasonable li keness to commercially available 150
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candy. 151
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. — 152
(a) Before being approved as a qualified physician , as 153
defined in paragraph (1)(m), and before each license renewal, a 154
physician must successfully complete a 2 -hour course and 155
subsequent examination offered by the Florida Medical 156
Association or the Florida Osteopathic Medical Association which 157
encompass the requirements of this section and any rules adopted 158
hereunder. The course and examination must shall be administered 159
at least annually and may be offered in a distance learning 160
format, including an electronic, online format that is available 161
upon request. The price of the course may not exceed $500. A 162
physician who has met the physician education requirements of 163
former s. 381.986(4), Florida Statutes 2016, before June 23, 164
2017, shall be deemed to be in compliance with this paragraph 165
from June 23, 2017, until 90 days after the course and 166
examination required by this paragraph become available. 167
(c) Before being empl oyed as a medical director , as 168
defined in paragraph (1)(i), and before each license renewal, a 169
medical director must successfully complete a 2 -hour course and 170
subsequent examination offered by the Florida Medical 171
Association or the Florida Osteopathic Medi cal Association which 172
encompass the requirements of this section and any rules adopted 173
hereunder. The course and examination must shall be administered 174
at least annually and may be offered in a distance learning 175
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format, including an electronic, online form at that is available 176
upon request. The price of the course may not exceed $500. 177
(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 178
(e) A licensed medical marijuana treatment center shall 179
cultivate, process, transport, and dispense marijuana for 180
medical use. A licensed medical marijuana treatment center may 181
not contract for services directly related to the cultivation, 182
processing, and dispensing of marijuana or marijuana delivery 183
devices, except that a medical marijuana treatment center 184
licensed pursuant to subpa ragraph (a)1. may contract with a 185
single entity for the cultivation, processing, transporting, and 186
dispensing of marijuana and marijuana delivery devices. A 187
licensed medical marijuana treatment center must, at all times, 188
maintain compliance with the criter ia demonstrated and 189
representations made in the initial application and the criteria 190
established in this subsection. Upon request, the department may 191
grant a medical marijuana treatment center a variance from the 192
representations made in the initial applica tion. Consideration 193
of such a request shall be based upon the individual facts and 194
circumstances surrounding the request. A variance may not be 195
granted unless the requesting medical marijuana treatment center 196
can demonstrate to the department that it has a proposed 197
alternative to the specific representation made in its 198
application which fulfills the same or a similar purpose as the 199
specific representation in a way that the department can 200
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reasonably determine will not be a lower standard than the 201
specific representation in the application. A variance may not 202
be granted from the requirements in subparagraph 2. and 203
subparagraphs (b)1. and 2. 204
1. A licensed medical marijuana treatment center may 205
transfer ownership to an individual or entity who meets the 206
requirements of this section. A publicly traded corporation or 207
publicly traded company that meets the requirements of this 208
section is not precluded from ownership of a medical marijuana 209
treatment center. To accommodate a change in ownership: 210
a. The licensed medical marijuana treatment center shall 211
notify the department in writing at least 60 days before the 212
anticipated date of the change of ownership. 213
b. The individual or entity applying for initial licensure 214
due to a change of ownership must submit an applic ation that 215
must be received by the department at least 60 days before the 216
date of change of ownership. 217
c. Upon receipt of an application for a license, the 218
department shall examine the application and, within 30 days 219
after receipt, notify the applicant i n writing of any apparent 220
errors or omissions and request any additional information 221
required. 222
d. Requested information omitted from an application for 223
licensure must be filed with the department within 21 days after 224
the department's request for omitted information or the 225
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application shall be deemed incomplete and shall be withdrawn 226
from further consideration and the fees shall be forfeited. 227
e. Within 30 days after the receipt of a complete 228
application, the department shall approve or deny the 229
application. 230
2. A medical marijuana treatment center, and any 231
individual or entity who directly or indirectly owns, controls, 232
or holds with power to vote 5 percent or more of the voting 233
shares of a medical marijuana treatment center, may not acquire 234
direct or indirect ownership or control of any voting shares or 235
other form of ownership of any other medical marijuana treatment 236
center. 237
3. A medical marijuana treatment center may not enter into 238
any form of profit-sharing arrangement with the property owner 239
or lessor of any of its facilities where cultivation, 240
processing, storing, or dispensing of marijuana and marijuana 241
delivery devices occurs. 242
4. All employees of a medical marijuana treatment center 243
must be 21 years of age or older and have passed a background 244
screening pursuant to subsection (9). 245
5. Each medical marijuana treatment center must adopt and 246
enforce policies and procedures to ensure employees and 247
volunteers receive training on the legal requirements to 248
dispense marijuana to qualified patients. 249
6. When growing marijuana, a medical marijuana treatment 250
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center: 251
a. May use pesticides determined by the department, after 252
consultation with the Department of Agriculture and Consumer 253
Services, to be safely applied to plants intended for human 254
consumption, but may not use pesticides designated as 255
restricted-use pesticides pursuant to s. 487.042. 256
b. Must grow marijuana within an enclosed structure and in 257
a room separate from any other plant. 258
c. Must inspect seeds and growing plants for plant pests 259
that endanger or threaten the horticultural and agricultural 260
interests of the state in accordance with chapter 581 and any 261
rules adopted thereunder. 262
d. Must perform fumigation or treatment of plants, or 263
remove and destroy infested or infected plants, in accorda nce 264
with chapter 581 and any rules adopted thereunder. 265
7. Each medical marijuana treatment center must produce 266
and make available for purchase at least one low -THC cannabis 267
product. 268
8. A medical marijuana treatment center that produces 269
edibles must hold a permit to operate as a food establishment 270
pursuant to chapter 500, the Florida Food Safety Act, and must 271
comply with all the requirements for food establishments 272
pursuant to chapter 500 and any rules adopted thereunder. 273
Edibles may not contain more tha n 200 milligrams of 274
tetrahydrocannabinol, and a single serving portion of an edible 275
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may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 276
may have a potency variance of no greater than 15 percent. 277
Marijuana products, including edibles, may not be attractive to 278
children; be manufactured in the shape of humans, cartoons, or 279
animals; be manufactured in a form that bears any reasonable 280
resemblance to products available for consumption as 281
commercially available candy; or contain any color additives. To 282
discourage consumption of edibles by children, the department 283
shall determine by rule any shapes, forms, and ingredients 284
allowed and prohibited for edibles. Medical marijuana treatment 285
centers may not begin processing or dispensing edibles until 286
after the effective date of the rule. The department shall also 287
adopt sanitation rules providing the standards and requirements 288
for the storage, display, or dispensing of edibles. 289
9. Within 12 months after licensure, a medical marijuana 290
treatment center must demons trate to the department that all of 291
its processing facilities have passed a Food Safety Good 292
Manufacturing Practices, such as Global Food Safety Initiative 293
or equivalent, inspection by a nationally accredited certifying 294
body. A medical marijuana treatment center must immediately stop 295
processing at any facility which fails to pass this inspection 296
until it demonstrates to the department that such facility has 297
met this requirement. 298
10. A medical marijuana treatment center that produces 299
prerolled marijuana ci garettes may not use wrapping paper made 300
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with tobacco or hemp. 301
11. When processing marijuana, a medical marijuana 302
treatment center must: 303
a. Process the marijuana within an enclosed structure and 304
in a room separate from other plants or products. 305
b. Comply with department rules when processing marijuana 306
with hydrocarbon solvents or other solvents or gases exhibiting 307
potential toxicity to humans. The department shall determine by 308
rule the requirements for medical marijuana treatment centers to 309
use such solvents or gases exhibiting potential toxicity to 310
humans. 311
c. Comply with federal and state laws and regulations and 312
department rules for solid and liquid wastes. The department 313
shall determine by rule procedures for the storage, handling, 314
transportation, management, and disposal of solid and liquid 315
waste generated during marijuana production and processing. The 316
Department of Environmental Protection shall assist the 317
department in developing such rules. 318
d. Test the processed marijuana using a medical m arijuana 319
testing laboratory before it is dispensed. Results must be 320
verified and signed by two medical marijuana treatment center 321
employees. Before dispensing, the medical marijuana treatment 322
center must determine that the test results indicate that low -323
THC cannabis meets the definition of low -THC cannabis, the 324
concentration of tetrahydrocannabinol meets the potency 325
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requirements of this section, the labeling of the concentration 326
of tetrahydrocannabinol and cannabidiol is accurate, and all 327
marijuana is safe for human consumption and free from 328
contaminants that are unsafe for human consumption. The 329
department shall determine by rule which contaminants must be 330
tested for and the maximum levels of each contaminant which are 331
safe for human consumption. The Depart ment of Agriculture and 332
Consumer Services shall assist the department in developing the 333
testing requirements for contaminants that are unsafe for human 334
consumption in edibles. The department shall also determine by 335
rule the procedures for the treatment of marijuana that fails to 336
meet the testing requirements of this section, s. 381.988, or 337
department rule. The department may select samples of marijuana 338
from a medical marijuana treatment center facility which shall 339
be tested by the department to determine wh ether the marijuana 340
meets the potency requirements of this section, is safe for 341
human consumption, and is accurately labeled with the 342
tetrahydrocannabinol and cannabidiol concentration or to verify 343
the result of marijuana testing conducted by a marijuana t esting 344
laboratory. The department may also select samples of marijuana 345
delivery devices from a medical marijuana treatment center to 346
determine whether the marijuana delivery device is safe for use 347
by qualified patients. A medical marijuana treatment center may 348
not require payment from the department for the sample. A 349
medical marijuana treatment center must recall marijuana, 350
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including all marijuana and marijuana products made from the 351
same batch of marijuana, that fails to meet the potency 352
requirements of this section, that is unsafe for human 353
consumption, or for which the labeling of the 354
tetrahydrocannabinol and cannabidiol concentration is 355
inaccurate. The department shall adopt rules to establish 356
marijuana potency variations of no greater than 15 percent us ing 357
negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts 358
for, but is not limited to, time lapses between testing, testing 359
methods, testing instruments, and types of marijuana sampled for 360
testing. The department may not issue any recalls for pro duct 361
potency as it relates to product labeling before issuing a rule 362
relating to potency variation standards. A medical marijuana 363
treatment center must also recall all marijuana delivery devices 364
determined to be unsafe for use by qualified patients. The 365
medical marijuana treatment center must retain records of all 366
testing and samples of each homogenous batch of marijuana for at 367
least 9 months. The medical marijuana treatment center must 368
contract with a marijuana testing laboratory to perform audits 369
on the medical marijuana treatment center's standard operating 370
procedures, testing records, and samples and provide the results 371
to the department to confirm that the marijuana or low -THC 372
cannabis meets the requirements of this section and that the 373
marijuana or low-THC cannabis is safe for human consumption. A 374
medical marijuana treatment center shall reserve two processed 375
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samples from each batch and retain such samples for at least 9 376
months for the purpose of such audits. A medical marijuana 377
treatment center may use a laboratory that has not been 378
certified by the department under s. 381.988 until such time as 379
at least one laboratory holds the required certification, but in 380
no event later than July 1, 2018. 381
e. Package the marijuana in compliance with the United 382
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 383
1471 et seq. 384
f. Package the marijuana in a receptacle that has a firmly 385
affixed and legible label stating the following information: 386
(I) The marijuana or low -THC cannabis meets the 387
requirements of sub-subparagraph d. 388
(II) The name of the medical marijuana treatment center 389
from which the marijuana originates. 390
(III) The batch number and harvest number from which the 391
marijuana originates and the date dispensed. 392
(IV) The name of the physician w ho issued the physician 393
certification. 394
(V) The name of the patient. 395
(VI) The product name, if applicable, and dosage form, 396
including concentration of tetrahydrocannabinol and cannabidiol. 397
The product name may not contain wording commonly associated 398
with products that are attractive to children or which promote 399
the recreational use of marijuana marketed by or to children . 400
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(VII) The recommended dose. 401
(VIII) A warning that it is illegal to transfer medical 402
marijuana to another person. 403
(IX) A marijuana universal symbol developed by the 404
department. 405
12. The medical marijuana treatment center shall include 406
in each package a patient package insert with information on the 407
specific product dispensed related to: 408
a. Clinical pharmacology. 409
b. Indications and use. 410
c. Dosage and administration. 411
d. Dosage forms and strengths. 412
e. Contraindications. 413
f. Warnings and precautions. 414
g. Adverse reactions. 415
13. In addition to the packaging and labeling requirements 416
specified in subparagraphs 11. and 12., ma rijuana in a form for 417
smoking must be packaged in a sealed receptacle with a legible 418
and prominent warning to keep away from children and a warning 419
that states marijuana smoke contains carcinogens and may 420
negatively affect health. Such receptacles for mari juana in a 421
form for smoking must be plain, opaque, and white without 422
depictions of the product or images other than the medical 423
marijuana treatment center's department -approved logo and the 424
marijuana universal symbol. 425
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14. The department shall adopt rules to regulate the 426
types, appearance, and labeling of marijuana delivery devices 427
dispensed from a medical marijuana treatment center. The rules 428
must require marijuana delivery devices to have an appearance 429
consistent with medical use. 430
15. Each edible must shall be individually sealed in 431
plain, opaque wrapping marked only with the marijuana universal 432
symbol. Where practical, each edible must shall be marked with 433
the marijuana universal symbol. In addition to the packaging and 434
labeling requirements in subpara graphs 11. and 12., edible 435
receptacles must be plain, opaque, and white without depictions 436
of the product or images other than the medical marijuana 437
treatment center's department -approved logo and the marijuana 438
universal symbol. The receptacle must also in clude a list of all 439
the edible's ingredients, storage instructions, an expiration 440
date, a legible and prominent warning to keep away from children 441
and pets, and a warning that the edible has not been produced or 442
inspected pursuant to federal food safety la ws. 443
16. When dispensing marijuana or a marijuana delivery 444
device, a medical marijuana treatment center: 445
a. May dispense any active, valid order for low -THC 446
cannabis, medical cannabis and cannabis delivery devices issued 447
pursuant to former s. 381.986, F lorida Statutes 2016, which was 448
entered into the medical marijuana use registry before July 1, 449
2017. 450
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b. May not dispense more than a 70 -day supply of marijuana 451
within any 70-day period to a qualified patient or caregiver. 452
May not dispense more than one 3 5-day supply of marijuana in a 453
form for smoking within any 35 -day period to a qualified patient 454
or caregiver. A 35-day supply of marijuana in a form for smoking 455
may not exceed 2.5 ounces unless an exception to this amount is 456
approved by the department purs uant to paragraph (4)(f). 457
c. Must have the medical marijuana treatment center's 458
employee who dispenses the marijuana or a marijuana delivery 459
device enter into the medical marijuana use registry his or her 460
name or unique employee identifier. 461
d. Must verify that the qualified patient and the 462
caregiver, if applicable, each have an active registration in 463
the medical marijuana use registry and an active and valid 464
medical marijuana use registry identification card, the amount 465
and type of marijuana dispense d matches the physician 466
certification in the medical marijuana use registry for that 467
qualified patient, and the physician certification has not 468
already been filled. 469
e. May not dispense marijuana to a qualified patient who 470
is younger than 18 years of age. If the qualified patient is 471
younger than 18 years of age, marijuana may only be dispensed to 472
the qualified patient's caregiver. 473
f. May not dispense or sell any other type of cannabis, 474
alcohol, or illicit drug -related product, including pipes or 475
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wrapping papers made with tobacco or hemp, other than a 476
marijuana delivery device required for the medical use of 477
marijuana and which is specified in a physician certification. 478
g. Must, upon dispensing the marijuana or marijuana 479
delivery device, record in the re gistry the date, time, 480
quantity, and form of marijuana dispensed; the type of marijuana 481
delivery device dispensed; and the name and medical marijuana 482
use registry identification number of the qualified patient or 483
caregiver to whom the marijuana delivery de vice was dispensed. 484
h. Must ensure that patient records are not visible to 485
anyone other than the qualified patient, his or her caregiver, 486
and authorized medical marijuana treatment center employees. 487
(h) A medical marijuana treatment center may not enga ge in 488
advertising that is visible to members of the public from any 489
street, sidewalk, park, or other public place, except: 490
1. The dispensing location of a medical marijuana 491
treatment center may have a sign that is affixed to the outside 492
or hanging in the window of the premises which identifies the 493
dispensary by the licensee's business name, a department -494
approved trade name, or a department -approved logo. A medical 495
marijuana treatment center's trade name and logo may not contain 496
wording or images that are attractive to children commonly 497
associated with marketing targeted toward children or which 498
promote recreational use of marijuana. 499
2. A medical marijuana treatment center may engage in 500
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Internet advertising and marketing under the following 501
conditions: 502
a. All advertisements must be approved by the department. 503
b. An advertisement may not have any content that is 504
attractive to children or which promotes the recreational use of 505
marijuana specifically targets individuals under the age of 18, 506
including cartoon characters or similar images . 507
c. An advertisement may not be an unsolicited pop -up 508
advertisement. 509
d. Opt-in marketing must include an easy and permanent 510
opt-out feature. 511
(k) The department may adopt rules pursuant to ss. 512
120.536(1) and 120.54 to implement this subsection. The 513
department shall adopt rules it deems necessary to protect the 514
health and safety of qualified patients and minors, including, 515
but not limited to, standards to ensure that medical marijuana 516
treatment centers operate in a manne r consistent with the 517
provision of medical products and rules to discourage the 518
diversion and illicit use of marijuana. 519
(9) BACKGROUND SCREENING. —An individual required to 520
undergo a background screening pursuant to this section must 521
pass a level 2 backgr ound screening as provided under chapter 522
435, which, in addition to the disqualifying offenses provided 523
in s. 435.04, shall exclude an individual who has an arrest 524
awaiting final disposition for, has been found guilty of, 525
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regardless of adjudication, or has entered a plea of nolo 526
contendere or guilty to an offense under chapter 837, chapter 527
895, or chapter 896 or similar law of another jurisdiction. 528
Exemptions from disqualification as provided under s. 435.07 do 529
not apply to this subsection. 530
(a) Such individual must submit a full set of fingerprints 531
to the department or to a vendor, entity, or agency authorized 532
by s. 943.053(13). The department, vendor, entity, or agency 533
shall forward the fingerprints to the Department of Law 534
Enforcement for state processin g, and the Department of Law 535
Enforcement shall forward the fingerprints to the Federal Bureau 536
of Investigation for national processing. 537
(b) Fees for state and federal fingerprint processing and 538
retention shall be borne by the medical marijuana treatment 539
center or caregiver, as applicable individual. The state cost 540
for fingerprint processing shall be as provided in s. 541
943.053(3)(e) for records provided to persons or entities other 542
than those specified as exceptions therein. 543
(c) Fingerprints submitted to the Department of Law 544
Enforcement pursuant to this subsection shall be retained by the 545
Department of Law Enforcement as provided in s. 943.05(2)(g) and 546
(h) and, when the Department of Law Enforcement begins 547
participation in the program, enrolled in the Fed eral Bureau of 548
Investigation's national retained print arrest notification 549
program. Any arrest record identified shall be reported to the 550
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department. 551
Section 3. Paragraph (d) of subsection (1) of section 552
381.988, Florida Statutes, is amended to read: 553
381.988 Medical marijuana testing laboratories; marijuana 554
tests conducted by a certified laboratory. — 555
(1) A person or entity seeking to be a certified marijuana 556
testing laboratory must: 557
(d) Require all employees, owners, and managers to submit 558
to and pass a level 2 background screening pursuant to chapter 559
435. The department s. 435.04 and shall deny certification if 560
the person or entity seeking certification has a disqualifying 561
offense as provided in s. 435.04 or has an arrest awaiting final 562
disposition for, has been found guilty of, or has entered a plea 563
of guilty or nolo contendere to, regardless of adjudication, any 564
offense listed in chapter 837, chapter 895, or chapter 896 or 565
similar law of another jurisdiction. Exemptions from 566
disqualification as provided under s. 435.07 do not apply to 567
this paragraph. 568
1. Such employees, owners, and managers must submit a full 569
set of fingerprints to the department or to a vendor, entity, or 570
agency authorized by s. 943.053(13). The department, vendor, 571
entity, or agency shall forward the fingerprints to the 572
Department of Law Enforcement for state processing, and the 573
Department of Law Enforcement shall forward the fingerprints to 574
the Federal Bureau of Investigation for national processing. 575
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2. Fees for state and federal fingerprint processing and 576
retention shall be borne by the certified marijuana testing 577
laboratory such owners or managers . The state cost for 578
fingerprint processing shall be as provided in s. 943.053(3)(e) 579
for records provided to persons or e ntities other than those 580
specified as exceptions therein. 581
3. Fingerprints submitted to the Department of Law 582
Enforcement pursuant to this paragraph shall be retained by the 583
Department of Law Enforcement as provided in s. 943.05(2)(g) and 584
(h) and, when the Department of Law Enforcement begins 585
participation in the program, enrolled in the Federal Bureau of 586
Investigation's national retained print arrest notification 587
program. Any arrest record identified shall be reported to the 588
department. 589
Section 4. Section 382.005, Florida Statutes, is amended 590
to read: 591
382.005 Duties of local registrars. — 592
(1) Each local registrar is charged with the strict and 593
thorough enforcement of the provisions of this chapter and rules 594
adopted hereunder in his or her registrati on district, and shall 595
make an immediate report to the department of any violation or 596
apparent violation of this law or rules adopted hereunder. 597
(2) Each local registrar must electronically file all live 598
birth, death, and fetal death records within their respective 599
jurisdictions in the department's electronic registration 600
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system. If the department's electronic registration system is 601
unavailable, the local registrar must file a paper record with 602
the department. 603
(3) Each local registrar must shall make available blank 604
forms available if the department's electronic registration 605
system is unavailable, as necessary and must shall examine each 606
paper certificate of live birth, death, or fetal death when 607
presented for registration in order to ascertain whether or not 608
it has been completed in accordance with the provisions of this 609
chapter and adopted rules. All paper birth, death, and fetal 610
death certificates must shall be typewritten in permanent black 611
ink, and a paper certificate is not complete and correct if it 612
does not supply each item of information called for or 613
satisfactorily account for its omission. 614
(4)(3) The local registrar or his or her deputy, if 615
authorized by the department, shall sign as registrar in 616
attestation of the date of registration of any paper records 617
filed, and may also make and preserve a local paper record of 618
each birth, death, and fetal death certificate registered by him 619
or her, in such manner as directed by the department. The local 620
registrar shall transmit daily to the department all original 621
paper certificates registered. If no births, deaths, or fetal 622
deaths occurred in any month, the local registrar or deputy 623
shall, on the 7th day of the following month, report that fact 624
to the department on a form provided for such purpose. 625
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(5)(4) Each local registrar, immediately upon appointment, 626
shall designate one or more deputy registrars to act on behalf 627
of the local registrar. 628
Section 5. Subsection (2) of section 382.008, Florida 629
Statutes, is amended to read: 630
382.008 Death, fetal death, and nonviable birth 631
registration.— 632
(2)(a) The funeral director who first assumes custody of a 633
dead body or fetus shall electronically file the certificate of 634
death or fetal death. In the absence of the funeral director, 635
the physician, physician as sistant, advanced practice registered 636
nurse registered under s. 464.0123, or other person in 637
attendance at or after the death or the district medical 638
examiner of the county in which the death occurred or the body 639
was found shall electronically file the certificate of death or 640
fetal death. The person who files the certificate shall obtain 641
personal data from a legally authorized person as described in 642
s. 497.005 or the best qualified person or source available. The 643
medical certification of cause of death must shall be furnished 644
to the funeral director, either in person or via certified mail 645
or electronic transfer, by the physician, physician assistant, 646
advanced practice registered nurse registered under s. 464.0123, 647
or medical examiner responsible for furnishi ng such information. 648
For fetal deaths, the physician, physician assistant, advanced 649
practice registered nurse registered under s. 464.0123, midwife, 650
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or hospital administrator shall provide any medical or health 651
information to the funeral director within 72 hours after 652
expulsion or extraction. 653
(b) The State Registrar shall may receive electronically a 654
certificate of death, fetal death, or nonviable birth which is 655
required to be filed with the registrar under this chapter 656
through facsimile or other electron ic transfer for the purpose 657
of filing the certificate. The receipt of a certificate of 658
death, fetal death, or nonviable birth by electronic transfer 659
constitutes delivery to the State Registrar as required by law. 660
Section 6. Subsection (2) of section 38 2.009, Florida 661
Statutes, is amended to read: 662
382.009 Recognition of brain death under certain 663
circumstances.— 664
(2) Determination of death pursuant to this section must 665
shall be made in accordance with currently accepted reasonable 666
medical standards. 667
(a) If the patient′s treating health care practitioner is 668
a physician licensed under chapter 458 or chapter 459, the 669
determination must be made by that physician and a second 670
physician two physicians licensed under chapter 458 or chapter 671
459 who is. One physician shall be the treating physician, and 672
the other physician shall be a board-eligible or board-certified 673
neurologist, neurosurgeon, internist, pediatrician, surgeon, or 674
anesthesiologist. 675
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(b) If the patient′s treating health care practitioner is 676
an autonomous advanced practice registered nurse registered 677
under s. 464.0123, the determination must be made by that 678
practitioner and two physicians licensed under chapter 458 or 679
chapter 459. Each physician must be a board -eligible or board-680
certified neurologist, neurosurgeon, internist, pediatrician, 681
surgeon, or anesthesiologist. 682
Section 7. Section 382.013, Florida Statutes, is amended 683
to read: 684
382.013 Birth registration. —A certificate for each live 685
birth that occurs in this state shall be filed withi n 5 days 686
after such birth in the department's electronic registration 687
system with the local registrar of the district in which the 688
birth occurred and shall be registered by the local registrar if 689
the certificate has been completed and filed in accordance w ith 690
this chapter and adopted rules. The information regarding 691
registered births shall be used for comparison with information 692
in the state case registry, as defined in chapter 61. 693
(1) FILING.— 694
(a) If a birth occurs in a hospital, birth center, or 695
other health care facility, or en route thereto, the person in 696
charge of the facility is shall be responsible for preparing the 697
certificate, certifying the facts of the birth, and filing the 698
certificate in the department's electronic registration system 699
with the local registrar. Within 48 hours after the birth, the 700
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physician, midwife, or person in attendance during or 701
immediately after the delivery shall provide the facility with 702
the medical information required by the birth certificate. 703
(b) If a birth occurs outside a facility and a physician 704
licensed in this state, a certified nurse midwife, a midwife 705
licensed in this state, or a public health nurse employed by the 706
department was in attendance during or immediately after the 707
delivery, that person shall prepar e and file the certificate. 708
(c) If a birth occurs outside a facility and the delivery 709
is not attended by one of the persons described in paragraph 710
(b), the person in attendance, the mother, or the father shall 711
report the birth to the registrar and provid e proof of the facts 712
of birth. The department may require such documents to be 713
presented and such proof to be filed as it deems necessary and 714
sufficient to establish the truth of the facts to be recorded by 715
the certificate and may withhold registering the birth until its 716
requirements are met. 717
(d) If a birth occurs in a moving conveyance and the child 718
is first removed from the conveyance in this state, the birth 719
shall be filed and registered in this state and the place to 720
which the child is first removed s hall be considered the place 721
of birth. 722
(e) The mother or the father of the child shall attest to 723
the accuracy of the personal data entered on the certificate in 724
time to permit the timely registration of the certificate. 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) If a certificate of live bir th is incomplete, the 726
local registrar shall immediately notify the health care 727
facility or person filing the certificate and shall require the 728
completion of the missing items of information if they can be 729
obtained before prior to issuing certified copies o f the birth 730
certificate. 731
(g) Regardless of any plan to place a child for adoption 732
after birth, the information on the birth certificate as 733
required by this section must be as to the child's birth parents 734
unless and until an application for a new birth re cord is made 735
under s. 63.152. 736
(h) The State Registrar may receive electronically a birth 737
certificate for each live birth which is required to be filed 738
with the registrar under this chapter through facsimile or other 739
electronic transfer for the purpose of filing the birth 740
certificate. The receipt of a birth certificate by electronic 741
transfer constitutes delivery to the State Registrar as required 742
by law. 743
(2) PATERNITY.— 744
(a) If the mother is married at the time of birth, the 745
name of the husband shall be entered on the birth certificate as 746
the father of the child, unless paternity has been determined 747
otherwise by a court of competent jurisdiction. 748
(b) Notwithstanding paragraph (a), if the husband of the 749
mother dies while the mother is pregnant but befor e the birth of 750
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the child, the name of the deceased husband shall be entered on 751
the birth certificate as the father of the child, unless 752
paternity has been determined otherwise by a court of competent 753
jurisdiction. 754
(c) If the mother is not married at the time of the birth, 755
the name of the father may not be entered on the birth 756
certificate without the execution of an affidavit signed by both 757
the mother and the person to be named as the father. The 758
facility shall give notice orally or through the use of vide o or 759
audio equipment, and in writing, of the alternatives to, the 760
legal consequences of, and the rights, including, if one parent 761
is a minor, any rights afforded due to minority status, and 762
responsibilities that arise from signing an acknowledgment of 763
paternity, as well as information provided by the Title IV -D 764
agency established pursuant to s. 409.2557, regarding the 765
benefits of voluntary establishment of paternity. Upon request 766
of the mother and the person to be named as the father, the 767
facility shall assist in the execution of the affidavit, a 768
notarized voluntary acknowledgment of paternity, or a voluntary 769
acknowledgment of paternity that is witnessed by two individuals 770
and signed under penalty of perjury as specified by s. 771
92.525(2). 772
(d) If the paternity of the child is determined by a court 773
of competent jurisdiction as provided under s. 382.015 or there 774
is a final judgment of dissolution of marriage which requires 775
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the former husband to pay child support for the child, the name 776
of the father and the sur name of the child shall be entered on 777
the certificate in accordance with the finding and order of the 778
court. If the court fails to specify a surname for the child, 779
the surname shall be entered in accordance with subsection (3). 780
(e) If the paternity of th e child is determined pursuant 781
to s. 409.256, the name of the father and the surname of the 782
child shall be entered on the certificate in accordance with the 783
finding and order of the Department of Revenue. 784
(f) If the mother and father marry each other at any time 785
after the child's birth, upon receipt of a marriage license that 786
identifies any such child, the department shall amend the 787
certificate with regard to the parents' marital status as though 788
the parents were married at the time of birth. 789
(g) If the father is not named on the certificate, no 790
other information about the father shall be entered on the 791
certificate. 792
(3) NAME OF CHILD.— 793
(a) If the mother is married at the time of birth, the 794
mother and father whose names are entered on the birth 795
certificate shall select the given names and surname of the 796
child if both parents have custody of the child, otherwise the 797
parent who has custody shall select the child's name. 798
(b) If the mother and father whose names are entered on 799
the birth certificate disag ree on the surname of the child and 800
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both parents have custody of the child, the surname selected by 801
the father and the surname selected by the mother shall both be 802
entered on the birth certificate, separated by a hyphen, with 803
the selected names entered in alphabetical order. If the parents 804
disagree on the selection of a given name, the given name may 805
not be entered on the certificate until a joint agreement that 806
lists the agreed upon given name and is notarized by both 807
parents is submitted to the department , or until a given name is 808
selected by a court. 809
(c) If the mother is not married at the time of birth, the 810
parent who will have custody of the child shall select the 811
child's given name and surname. 812
(d) If multiple names of the child exceed the space 813
provided on the face of the birth certificate they shall be 814
listed on the back of the certificate. Names listed on the back 815
of the certificate shall be part of the official record. 816
(4) UNDETERMINED PARENTAGE. —The person having custody of a 817
child of undetermined parentage shall register a birth 818
certificate showing all known or approximate facts relating to 819
the birth. To assist in later determination, information 820
concerning the place and circumstances under which the child was 821
found shall be included on the p ortion of the birth certificate 822
relating to marital status and medical details. In the event the 823
child is later identified, a new birth certificate shall be 824
prepared which shall bear the same number as the original birth 825
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certificate, and the original certi ficate shall be sealed and 826
filed, shall be confidential and exempt from the provisions of 827
s. 119.07(1), and shall not be opened to inspection by, nor 828
shall certified copies of the same be issued except by court 829
order to, any person other than the registran t if of legal age. 830
(5) DISCLOSURE.—The original certificate of live birth 831
shall contain all the information required by the department for 832
legal, social, and health research purposes. However, all 833
information concerning parentage, marital status, and med ical 834
details shall be confidential and exempt from the provisions of 835
s. 119.07(1), except for health research purposes as approved by 836
the department, nor shall copies of the same be issued except as 837
provided in s. 382.025. 838
Section 8. Section 382.015, F lorida Statutes, is amended 839
to read: 840
382.015 New certificates of live birth; duty of clerks of 841
court and department. —The clerk of the court in which any 842
proceeding for adoption, annulment of an adoption, affirmation 843
of parental status, or determination o f paternity is to be 844
registered, shall within 30 days after the final disposition, 845
forward electronically to the department a certified copy of the 846
court order, or a report of the proceedings upon a form to be 847
furnished by the department, together with suf ficient 848
information to identify the original birth certificate and to 849
enable the preparation of a new birth certificate. The clerk of 850
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the court shall implement a monitoring and quality control plan 851
to ensure that all judicial determinations of paternity ar e 852
reported to the department in compliance with this section. The 853
department shall track paternity determinations reported monthly 854
by county, monitor compliance with the 30 -day timeframe, and 855
report the data to the clerks of the court quarterly. 856
(1) ADOPTION AND ANNULMENT OF ADOPTION. — 857
(a) Upon receipt of the report or certified copy of an 858
adoption decree, together with the information necessary to 859
identify the original certificate of live birth, and establish a 860
new certificate, the department shall pre pare and file a new 861
birth certificate, absent objection by the court decreeing the 862
adoption, the adoptive parents, or the adoptee if of legal age. 863
The certificate shall bear the same file number as the original 864
birth certificate. All names and identifying information 865
relating to the adoptive parents entered on the new certificate 866
shall refer to the adoptive parents, but nothing in the 867
certificate shall refer to or designate the parents as being 868
adoptive. All other items not affected by adoption shall be 869
copied as on the original certificate, including the date of 870
registration and filing. 871
(b) Upon receipt of the report or certified copy of an 872
annulment-of-adoption decree, together with the sufficient 873
information to identify the original certificate of live birth, 874
the department shall, if a new certificate of birth was filed 875
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following an adoption report or decree, remove the new 876
certificate and restore the original certificate to its original 877
place in the files, and the certificate so removed shall be 878
sealed by the department. 879
(c) Upon receipt of a report or certified copy of an 880
adoption decree or annulment -of-adoption decree for a person 881
born in another state, the department shall forward the report 882
or decree to the state of the registrant's birth. If the a doptee 883
was born in Canada, the department shall send a copy of the 884
report or decree to the appropriate birth registration authority 885
in Canada. 886
(2) DETERMINATION OF PATERNITY. —Upon receipt of the 887
report, a certified copy of a final decree of determination of 888
paternity, or a certified copy of a final judgment of 889
dissolution of marriage which requires the former husband to pay 890
child support for the child, together with sufficient 891
information to identify the original certificate of live birth, 892
the department shall prepare and file a new birth certificate, 893
which shall bear the same file number as the original birth 894
certificate. The registrant's name shall be entered as decreed 895
by the court or as reflected in the final judgment or support 896
order. The names and id entifying information of the parents 897
shall be entered as of the date of the registrant's birth. 898
(3) AFFIRMATION OF PARENTAL STATUS. —Upon receipt of an 899
order of affirmation of parental status issued pursuant to s. 900
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742.16, together with sufficient informat ion to identify the 901
original certificate of live birth, the department shall prepare 902
and file a new birth certificate which shall bear the same file 903
number as the original birth certificate. The names and 904
identifying information of the registrant's parents entered on 905
the new certificate shall be the commissioning couple, but the 906
new certificate may not make reference to or designate the 907
parents as the commissioning couple. 908
(4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR 909
ORIGINAL.—When a new certificate o f birth is prepared, the 910
department shall substitute the new certificate of birth for the 911
original certificate on file. All copies of the original 912
certificate of live birth in the custody of a local registrar or 913
other state custodian of vital records shall be forwarded to the 914
State Registrar. Thereafter, when a certified copy of the 915
certificate of birth or portion thereof is issued, it shall be a 916
copy of the new certificate of birth or portion thereof, except 917
when a court order requires issuance of a certif ied copy of the 918
original certificate of birth. In an adoption, change in 919
paternity, affirmation of parental status, undetermined 920
parentage, or court-ordered substitution, the department shall 921
place the original certificate of birth and all papers 922
pertaining thereto under seal, not to be broken except by order 923
of a court of competent jurisdiction or as otherwise provided by 924
law. 925
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(5) FORM.—Except for certificates of foreign birth which 926
are registered as provided in s. 382.017, and delayed 927
certificates of birth which are registered as provided in ss. 928
382.019 and 382.0195, all original, new, or amended certificates 929
of live birth shall be identical in form, regardless of the 930
marital status of the parents or the fact that the registrant is 931
adopted or of undeterm ined parentage. 932
(6) RULES.—The department shall adopt and enforce all 933
rules necessary for carrying out the provisions of this section. 934
Section 9. Section 382.021, Florida Statutes, is amended 935
to read: 936
382.021 Department to receive marriage licenses .—Weekly On 937
or before the 5th day of each month, the county court judge or 938
clerk of the circuit court shall electronically transmit all 939
original marriage licenses, with endorsements, received during 940
the preceding calendar week month, to the department. Any 941
marriage licenses issued and not returned or any marriage 942
licenses returned but not recorded shall be reported by the 943
issuing county court judge or clerk of the circuit court to the 944
department at the time of transmitting the recorded licenses on 945
the forms to be prescribed and furnished by the department. If 946
during any month no marriage licenses are issued or returned, 947
the county court judge or clerk of the circuit court shall 948
report such fact to the department upon forms prescribed and 949
furnished by the dep artment. 950
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Section 10. Section 382.023, Florida Statutes, is amended 951
to read: 952
382.023 Department to receive dissolution -of-marriage 953
records; fees.—Clerks of the circuit courts shall collect for 954
their services at the time of the filing of a final judgme nt of 955
dissolution of marriage a fee of up to $10.50, of which 43 956
percent shall be retained by the clerk of the circuit court as a 957
part of the cost in the cause in which the judgment is granted. 958
The remaining 57 percent shall be remitted to the Department o f 959
Revenue for deposit to the Department of Health to defray part 960
of the cost of maintaining the dissolution -of-marriage records. 961
A record of each and every judgment of dissolution of marriage 962
granted by the court during the preceding calendar month, giving 963
names of parties and such other data as required by forms 964
prescribed by the department, shall be electronically 965
transmitted to the department weekly, on or before the 10th day 966
of each month, along with an accounting of the funds remitted to 967
the Department of Revenue pursuant to this section. 968
Section 11. Subsections (1) and (4) of section 382.025, 969
Florida Statutes, are amended to read: 970
382.025 Certified copies of vital records; 971
confidentiality; research. — 972
(1) BIRTH RECORDS.—Except for birth records over 125 100 973
years old which are not under seal pursuant to court order, all 974
birth records of this state shall be confidential and are exempt 975
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from the provisions of s. 119.07(1). 976
(a) Certified copies of the original birth certificate or 977
a new or amended certificate, or affidavits thereof, are 978
confidential and exempt from the provisions of s. 119.07(1) and, 979
upon receipt of a request and payment of the fee prescribed in 980
s. 382.0255, shall be issued only as authorized by the 981
department and in the form prescr ibed by the department, and 982
only: 983
1. To the registrant, if the registrant is of legal age, 984
is a certified homeless youth, or is a minor who has had the 985
disabilities of nonage removed under s. 743.01 or s. 743.015; 986
2. To the registrant's parent or guardian or other legal 987
representative; 988
3. Upon receipt of the registrant's death certificate, to 989
the registrant's spouse or to the registrant's child, 990
grandchild, or sibling, if of legal age, or to the legal 991
representative of any of such person persons; 992
4. To any person if the birth record is more than 125 over 993
100 years old and not under seal pursuant to court order; 994
5. To a law enforcement agency for official purposes; 995
6. To any agency of the state or the United States for 996
official purposes upon approval of the department; or 997
7. Upon order of any court of competent jurisdiction. 998
(b) To protect the integrity of vital records and prevent 999
the fraudulent use of the birth certificates of deceased 1000
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persons, the department shall match birth and death certificates 1001
and post the fact of death to the appropriate birth certificate. 1002
Except for a commemorative birth certificate, any certification 1003
of a birth certificate of a deceased registrant shall be marked 1004
"deceased." In the case of a commemorative birth c ertificate, 1005
such indication of death shall be made on the back of the 1006
certificate. 1007
(c) The department shall issue, upon request and upon 1008
payment of an additional fee as prescribed under s. 382.0255, a 1009
commemorative birth certificate representing that the birth of 1010
the person named thereon is recorded in the office of the 1011
registrar. The certificate issued under this paragraph shall be 1012
in a form consistent with the need to protect the integrity of 1013
vital records but shall be suitable for display. It may bear the 1014
seal of the state printed thereon and may be signed by the 1015
Governor. 1016
(4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES. —Only the 1017
state registrar, and local registrars, and those persons 1018
appointed by the department are authorized to issue any 1019
certificate which purports to be a certified copy of an original 1020
certificate of live birth, death, or fetal death. Except as 1021
provided in this section, preparing or issuing certificates is 1022
exempt from the provisions of s. 119.07(1). 1023
Section 12. Subsections (3), (4) , and (5) of section 1024
401.27, Florida Statutes, are amended to read: 1025
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401.27 Personnel; standards and certification. — 1026
(3) Any person who desires to be certified or recertified 1027
as an emergency medical technician or paramedic must apply to 1028
the department under oath on forms provided by the department 1029
which shall contain such information as the department 1030
reasonably requires, which may include affirmative evidence of 1031
ability to comply with applicable laws and rules. The department 1032
shall determine whether the applicant meets the requirements 1033
specified in this section and in rules of the department and 1034
shall issue a certificate to any person who meets such 1035
requirements. 1036
(4) An applicant for certification or recertification as 1037
an emergency medical technician o r paramedic must: 1038
(a) Have completed an appropriate training program as 1039
follows: 1040
1. For an emergency medical technician, an emergency 1041
medical technician training program approved by the department 1042
as equivalent to the most recent EMT -Basic National Standard 1043
Curriculum or the National EMS Education Standards of the United 1044
States Department of Transportation; 1045
2. For a paramedic, a paramedic training program approved 1046
by the department as equivalent to the most recent EMT -Paramedic 1047
National Standard Curri culum or the National EMS Education 1048
Standards of the United States Department of Transportation; 1049
(b) Attest Certify under oath that he or she is not 1050
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addicted to alcohol or any controlled substance; 1051
(c) Attest Certify under oath that he or she is free from 1052
any physical or mental defect or disease that might impair the 1053
applicant's ability to perform his or her duties; 1054
(d) Within 2 years after program completion have passed an 1055
examination developed or required by the department; 1056
(e)1. For an emergency medical technician, hold a current 1057
American Heart Association cardiopulmonary resuscitation course 1058
card or an American Red Cross cardiopulmonary resuscitation 1059
course card or its equivalent as defined by department rule; 1060
2. For a paramedic, hold a certificate of successful 1061
course completion in advanced cardiac life support from the 1062
American Heart Association or its equivalent as defined by 1063
department rule; 1064
(f) Submit the certification fee and the nonrefundable 1065
examination fee prescribed in s. 401.34, which examination fee 1066
will be required for each examination administered to an 1067
applicant; and 1068
(g) Submit a completed application to the department, 1069
which application documents compliance with paragraphs (a), (b), 1070
(c), (e), (f), and this paragraph, and, if applicable, paragraph 1071
(d). The application must be submitted so as to be received by 1072
the department at least 30 calendar days before the next 1073
regularly scheduled examination for which the applicant desires 1074
to be scheduled. 1075
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(5) The certification examination must be offered monthly. 1076
The department shall issue an examination admission notice to 1077
the applicant advising him or her of the time and place of the 1078
examination for which he or she is scheduled. Individuals 1079
achieving a passing s core on the certification examination may 1080
be issued a temporary certificate with their examination grade 1081
report. The department must issue an original certification 1082
within 45 days after the examination. Examination questions and 1083
answers are not subject to discovery but may be introduced into 1084
evidence and considered only in camera in any administrative 1085
proceeding under chapter 120. If an administrative hearing is 1086
held, the department shall provide challenged examination 1087
questions and answers to the administr ative law judge. The 1088
department shall establish by rule the procedure by which an 1089
applicant, and the applicant's attorney, may review examination 1090
questions and answers in accordance with s. 119.071(1)(a). 1091
Section 13. Paragraph (a) of subsection (1) of section 1092
401.2701, Florida Statutes, is amended to read: 1093
401.2701 Emergency medical services training programs. — 1094
(1) Any private or public institution in Florida desiring 1095
to conduct an approved program for the education of emergency 1096
medical technicians and paramedics shall: 1097
(a) Submit a completed application on a form provided by 1098
the department, which must include: 1099
1. Evidence that the institution is in compliance with all 1100
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applicable requirements of the Department of Education. 1101
2. Evidence of an affiliation agreement with a hospital 1102
that has an emergency department staffed by at least one 1103
physician and one registered nurse. 1104
3. Evidence of an affiliation agreement with a current 1105
emergency medical services provider that is licensed in this 1106
state. Such agreement shall include, at a minimum, a commitment 1107
by the provider to conduct the field experience portion of the 1108
education program. An applicant licensed as an advanced life 1109
support service under s. 401.25 with permitted transport 1110
vehicles pursuant to s. 401.26 is exempt from the requirements 1111
of this subparagraph and need not submit evidence of an 1112
affiliation agreement with a current emergency medical services 1113
provider. 1114
4. Documentation verifying faculty, including: 1115
a. A medical director who is a licensed physician meeting 1116
the applicable requirements for emergency medical services 1117
medical directors as outlined in this chapter and rules of the 1118
department. The medical director shall have the duty and 1119
responsibility of certifying that graduates have successfully 1120
completed all phases of the education program and are proficient 1121
in basic or advanced life support techniques, as applicable. 1122
b. A program director responsible for the operation, 1123
organization, periodic review, administration, development, an d 1124
approval of the program. 1125
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5. Documentation verifying that the curriculum: 1126
a. Meets the most recent Emergency Medical Technician -1127
Basic National Standard Curriculum or the National EMS Education 1128
Standards approved by the department for emergency medical 1129
technician programs and Emergency Medical Technician -Paramedic 1130
National Standard Curriculum or the National EMS Education 1131
Standards approved by the department for paramedic programs. 1132
b. Includes 2 hours of instruction on the trauma scorecard 1133
methodologies for assessment of adult trauma patients and 1134
pediatric trauma patients as specified by the department by 1135
rule. 1136
6. Evidence of sufficient medical and educational 1137
equipment to meet emergency medical services training program 1138
needs. 1139
Section 14. Section 401.272, Florida Statutes, is amended 1140
to read: 1141
401.272 Emergency medical services community health care. — 1142
(1) The purpose of this section is to encourage more 1143
effective utilization of the skills of emergency medical 1144
technicians and paramedics by enab ling them to perform , in 1145
partnership with local county health departments, specific 1146
additional health care tasks that are consistent with the public 1147
health and welfare. 1148
(2) Notwithstanding any other provision of law to the 1149
contrary: 1150
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(a) Paramedics or e mergency medical technicians shall 1151
operate under the medical direction of a physician through two -1152
way voice communication or pursuant to established standing 1153
orders or protocols and within the scope of their training when 1154
providing basic life support, adva nced life support, and may 1155
perform health promotion and wellness activities and blood 1156
pressure screenings in a nonemergency environment , within the 1157
scope of their training, and under the direction of a medical 1158
director. As used in this paragraph, the term "health promotion 1159
and wellness" means the provision of public health programs 1160
pertaining to the prevention of illness and injury. 1161
(b) Paramedics and emergency medical technicians shall 1162
operate under the medical direction of a physician through two -1163
way communication or pursuant to established standing orders or 1164
protocols and within the scope of their training when a patient 1165
is not transported to an emergency department or is transported 1166
to a facility other than a hospital as defined in s. 1167
395.002(12). 1168
(c) Paramedics may administer immunizations in a 1169
nonemergency environment, within the scope of their training, 1170
and under the medical direction of a physician through two -way 1171
communication or pursuant to established standing orders or 1172
protocols medical director. There must be a written agreement 1173
between the physician providing medical direction paramedic's 1174
medical director and the department or the county health 1175
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department located in each county in which the paramedic 1176
administers immunizations. This agreement must establish the 1177
protocols, policies, and procedures under which the paramedic 1178
must operate. 1179
(d)(c) Paramedics may provide basic life support services 1180
and advanced life support services to patients receiving acute 1181
and postacute hospital care at home as specified in the 1182
paramedic's supervisory relationship with a physician or 1183
standing orders as described in s. 401.265, s. 458.348, or s. 1184
459.025. A physician who supervises or provides medical 1185
direction to a paramedic who provides basic life support 1186
services or advanced life support services to patients receiving 1187
acute and postacute hospital care at home pursuant to a formal 1188
supervisory relationship or standing orders is liable for any 1189
act or omission of the paramedic acting under the physician's 1190
supervision or medical direction when providing such services. 1191
The department may adopt and enforce rules necessary to 1192
implement this paragraph. 1193
(3) Each physician providing medical direction to medical 1194
director under whose direction a paramedic who administers 1195
immunizations must verify and document that the paramedic has 1196
received sufficient training and experience to administer 1197
immunizations. The verification must be documented on forms 1198
developed by the department, and the completed forms must be 1199
maintained at the service location of the licensee and made 1200
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available to the department upon request. 1201
(4) The department may adopt and enforce all rules 1202
necessary to enforce the provisions relating to a paramedic's 1203
administration of immunizations and the performance of h ealth 1204
promotion and wellness activities and blood pressure screenings 1205
by a paramedic or emergency medical technician in a nonemergency 1206
environment. 1207
Section 15. Subsections (5), (6), and (7) of section 1208
401.34, Florida Statutes, are amended to read: 1209
401.34 Fees.— 1210
(5) The department may provide same -day grading of the 1211
examination for an applicant for emergency medical technician or 1212
paramedic certification. 1213
(6) The department may offer walk -in eligibility 1214
determination and examination to applicants fo r emergency 1215
medical technician or paramedic certification who pay to the 1216
department a nonrefundable fee to be set by the department not 1217
to exceed $65. The fee is in addition to the certification fee 1218
and examination fee. The department must establish locati ons and 1219
times for eligibility determination and examination. 1220
(7) The cost of emergency medical technician or paramedic 1221
certification examination review may not exceed $50. 1222
Section 16. Section 401.435, Florida Statutes, is amended 1223
to read: 1224
401.435 Emergency medical First responder agencies and 1225
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training.— 1226
(1) The department must adopt by rule the United States 1227
Department of Transportation National Emergency Medical Services 1228
Education Standards for the Emergency Medical Services: First 1229
Responder level Training Course as the minimum standard for 1230
emergency medical first responder training. In addition, the 1231
department must adopt rules establishing minimum emergency 1232
medical first responder instructor qualifications. For purposes 1233
of this section, an emergency medical a first responder includes 1234
any individual who receives training to render initial care to 1235
an ill or injured person, other than an individual trained and 1236
certified pursuant to s. 943.1395(1), but who does not have the 1237
primary responsibility of t reating and transporting ill or 1238
injured persons. 1239
(2) Each emergency medical first responder agency must 1240
take all reasonable efforts to enter into a memorandum of 1241
understanding with the emergency medical services licensee 1242
within whose territory the agency operates in order to 1243
coordinate emergency services at an emergency scene. The 1244
department must provide a model memorandum of understanding for 1245
this purpose. The memorandum of understanding should include 1246
dispatch protocols, the roles and responsibilities o f emergency 1247
medical first responder personnel at an emergency scene, and the 1248
documentation required for patient care rendered. For purposes 1249
of this section, the term " emergency medical first responder 1250
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agency" includes a law enforcement agency, a fire service agency 1251
not licensed under this part, a lifeguard agency, and a 1252
volunteer organization that renders, as part of its routine 1253
functions, on-scene patient care before emergency medical 1254
technicians or paramedics arrive. 1255
Section 17. Paragraph (a) of subsection (1) of section 1256
464.203, Florida Statutes, is amended to read: 1257
464.203 Certified nursing assistants; certification 1258
requirement.— 1259
(1) The board shall issue a certificate to practice as a 1260
certified nursing assistant to any person who demonstrates a 1261
minimum competency to read and write and successfully passes the 1262
required background screening pursuant to s. 400.215. If the 1263
person has successfully passed the required background screening 1264
pursuant to s. 400.215 or s. 408.809 within 90 day s before 1265
applying for a certificate to practice and the person's 1266
background screening results are not retained in the 1267
clearinghouse created under s. 435.12, the board shall waive the 1268
requirement that the applicant successfully pass an additional 1269
background screening pursuant to s. 400.215. The person must 1270
also meet one of the following requirements: 1271
(a) Has successfully completed an approved training 1272
program and achieved a minimum score, established by rule of the 1273
board, on the nursing assistant competenc y examination, which 1274
consists of a written portion and skills -demonstration portion 1275
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approved by the board and administered at a site and by 1276
personnel approved by the department. Any person who has 1277
successfully completed an approved training program within 6 1278
months before filing an application for certification is not 1279
required to take the skills -demonstration portion of the 1280
competency examination. 1281
Section 18. Section 468.1225, Florida Statutes, is amended 1282
to read: 1283
468.1225 Procedures, equipment, and pr otocols.— 1284
(1) The following minimal procedures shall be used when a 1285
licensed audiologist fits and sells a prescription hearing aid: 1286
(a) Pure tone audiometric testing by air and bone to 1287
determine the type and degree of hearing deficiency when 1288
indicated. 1289
(b) Effective masking when indicated. 1290
(c) Appropriate testing to determine speech reception 1291
thresholds, speech discrimination scores, the most comfortable 1292
listening levels, uncomfortable loudness levels, and the 1293
selection of the best fitting arrangeme nt for maximum hearing 1294
aid benefit when indicated. 1295
(2) The following equipment shall be used: 1296
(a) A wide range audiometer that which meets the 1297
specifications of the American National Standards Institute for 1298
diagnostic audiometers when indicated. 1299
(b) A speech audiometer or a master hearing aid in order 1300
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to determine the most comfortable listening level and speech 1301
discrimination when indicated. 1302
(3) A final fitting ensuring physical and operational 1303
comfort of the prescription hearing aid shall be made w hen 1304
indicated. 1305
(4) A licensed audiologist who fits and sells prescription 1306
hearing aids shall obtain the following medical clearance: If, 1307
upon inspection of the ear canal with an otoscope in the common 1308
procedure of fitting a prescription hearing aid and upon 1309
interrogation of the client, there is any recent history of 1310
infection or any observable anomaly, the client shall be 1311
instructed to see a physician, and a prescription hearing aid 1312
may shall not be fitted until medical clearance is obtained for 1313
the condition noted. If, upon return, the condition noted is no 1314
longer observable and the client signs a medical waiver, a 1315
prescription hearing aid may be fitted. Any person with a 1316
significant difference between bone conduction hearing and air 1317
conduction hearing mu st be informed of the possibility of 1318
medical or surgical correction. 1319
(5)(a) A licensed audiologist's office must have 1320
available, or have access to, a selection of prescription 1321
hearing aid models, hearing aid supplies, and services complete 1322
enough to accommodate the various needs of the hearing aid 1323
wearers. 1324
(b) At the time of the initial examination for fitting and 1325
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sale of a prescription hearing aid, the attending audiologist 1326
must notify the prospective purchaser of the benefits of 1327
telecoil, also known a s "t" coil or "t" switch, technology, 1328
including increased access to telephones and noninvasive access 1329
to assistive listening systems required under the Americans with 1330
Disabilities Act of 1990. 1331
(6) Unless otherwise indicated, each audiometric test 1332
conducted by a licensee or a certified audiology assistant in 1333
the fitting and selling of prescription hearing aids must shall 1334
be made in a testing room that has been certified by the 1335
department, or by an agent approved by the department, not to 1336
exceed the following sound pressure levels at the specified 1337
frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1338
1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, 1339
and 8000Hz-67dB. An exception to this requirement shall be made 1340
in the case of a client who, after being provided written notice 1341
of the benefits and advantages of having the test conducted in a 1342
certified testing room, requests that the test be conducted in a 1343
place other than the licensee's certified testing room. Such 1344
request must shall be documented by a waiver that which includes 1345
the written notice and is signed by the licensee and the client 1346
before prior to the testing. The waiver must shall be executed 1347
on a form provided by the department. The executed waiver must 1348
shall be attached to the client's copy of the contract, and a 1349
copy of the executed waiver must shall be retained in the 1350
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licensee's file. 1351
(7) The board may shall have the power to prescribe the 1352
minimum procedures and equipment used in the conducting of 1353
hearing assessments and fo r the fitting and selling of 1354
prescription hearing aids. The board shall adopt and enforce 1355
rules necessary to implement carry out the provisions of this 1356
subsection and subsection (6). 1357
(8) Any duly authorized officer or employee of the 1358
department may shall have the right to make such inspections and 1359
investigations as are necessary in order to determine the state 1360
of compliance with the provisions of this section and the 1361
applicable rules and may enter the premises of a licensee and 1362
inspect the records of same upon reasonable belief that a 1363
violation of this law is being or has been committed or that the 1364
licensee has failed or is failing to comply with the provisions 1365
of this part. 1366
Section 19. Section 468.1245, Florida Statutes, is amended 1367
to read: 1368
468.1245 Itemized listing of prices; delivery of 1369
prescription hearing aid; receipt; guarantee; packaging; 1370
disclaimer.— 1371
(1) Before Prior to delivery of services or products to a 1372
prospective purchaser, a licensee must shall disclose, upon 1373
request by the prospective purchaser, an itemized listing of 1374
prices, which must listing shall include separate price 1375
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estimates for each service component and each product. Provision 1376
of such itemized listing of prices may shall not be predicated 1377
on the prospective purchaser's payment of any charge or 1378
agreement to purchase any service or product. 1379
(2) Any licensee who fits and sells a prescription hearing 1380
aid shall, at the time of delivery, provide the purchaser with a 1381
receipt containing the seller's signature, the address of his or 1382
her regular place of business, and his or her license or 1383
certification number, if applicable, together with the brand, 1384
model, manufacturer or manufacturer's identification code, and 1385
serial number of the prescription hearing aid furnished and the 1386
amount charged for the prescription hearing aid. The receipt 1387
must also shall specify whether the prescription hearing aid is 1388
new, used, or rebuilt, and shall specify the length of time and 1389
other terms of the guarantee , and by whom the prescription 1390
hearing aid is guaranteed. When the client has requested an 1391
itemized list of prices, the receipt must shall also provide an 1392
itemization of the total purchase price, including, but not 1393
limited to, the cost of the aid, ear mold, batte ries, and other 1394
accessories, and the cost of any services. Notice of the 1395
availability of this service must be displayed in a conspicuous 1396
manner in the office. The receipt must also shall state that any 1397
complaint concerning the prescription hearing aid and its 1398
guarantee, if not reconciled with the licensee from whom the 1399
prescription hearing aid was purchased, should be directed by 1400
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the purchaser to the department. The address and telephone 1401
number of such office must shall be stated on the receipt. 1402
(3) A prescription No hearing aid may not be sold to any 1403
person unless both the packaging containing the prescription 1404
hearing aid and the contract provided pursuant to subsection (2) 1405
carry the following disclaimer in 10 -point or larger type: "A 1406
hearing aid will not restore normal hearing, nor will it prevent 1407
further hearing loss." 1408
Section 20. Section 468.1246, Florida Statutes, is amended 1409
to read: 1410
468.1246 Thirty-day trial period; purchaser's right to 1411
cancel; notice; refund; cancellation fee. — 1412
(1) A person selling a prescription hearing aid in this 1413
state must provide the buyer with written notice of a 30 -day 1414
trial period and money -back guarantee. The guarantee must permit 1415
the purchaser to cancel the purchase for a valid reason as 1416
defined by rule of the board within 30 days after receiving the 1417
prescription hearing aid, by returning the prescription hearing 1418
aid or mailing written notice of cancellation to the seller. If 1419
the prescription hearing aid must be repaired, remade, or 1420
adjusted during the 30 -day trial period, the running of the 30 -1421
day trial period is suspended 1 day for each 24 -hour period that 1422
the prescription hearing aid is not in the purchaser's 1423
possession. A repaired, remade, or adjusted prescription hearing 1424
aid must be claimed by the purchaser within 3 working days after 1425
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notification of availability. The running of the 30 -day trial 1426
period resumes on the day the purchaser reclaims a repaired, 1427
remade, or adjusted prescription hearing aid or on the 4th day 1428
after notification of availability. 1429
(2) The board, in consultation with the Board of Hearing 1430
Aid Specialists, shall prescribe by rule the terms and 1431
conditions to be contained in the money -back guarantee and any 1432
exceptions thereto. Such rule must shall provide, at a minimum, 1433
that the charges for earmol ds and service provided to fit the 1434
prescription hearing aid may be retained by the licensee. The 1435
rules must shall also set forth any reasonable charges to be 1436
held by the licensee as a cancellation fee. Such rule shall be 1437
effective on or before December 1, 1994. Should the board fail 1438
to adopt such rule, a licensee may not charge a cancellation fee 1439
which exceeds 5 percent of the total charge for a hearing aid 1440
alone. The terms and conditions of the guarantee, including the 1441
total amount available for refund, must shall be provided in 1442
writing to the purchaser before prior to the signing of the 1443
contract. 1444
Section 21. Section 468.1255, Florida Statutes, is amended 1445
to read: 1446
468.1255 Cancellation by medical authorization; 1447
purchaser's right to return. — 1448
(1) In addition to any other rights and remedies the 1449
purchaser of a prescription hearing aid may have, the purchaser 1450
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has shall have the right to rescind the transaction if the 1451
purchaser for whatever reason consults a licensed physician with 1452
specialty board certification in otolaryngology or internal 1453
medicine or a licensed family practice physician, subsequent to 1454
purchasing a prescription hearing aid, and the physician 1455
certifies in writing that the purchaser has a hearing impairment 1456
for which a prescription hearing aid will not provide a benefit 1457
or that the purchaser has a medical condition which 1458
contraindicates the use of a prescription hearing aid. 1459
(2) The purchaser of a prescription hearing aid has shall 1460
have the right to rescind as provided in subsecti on (1) only if 1461
the purchaser gives a written notice of the intent to rescind 1462
the transaction to the seller at the seller's place of business 1463
by certified mail, return receipt requested, which notice shall 1464
be posted not later than 60 days following the date of delivery 1465
of the prescription hearing aid to the purchaser, and the 1466
purchaser returns the prescription hearing aid to the seller in 1467
the original condition less normal wear and tear. 1468
(3) If the conditions of subsections (1) and (2) are met, 1469
the seller must shall, without request, refund to the purchaser, 1470
within 10 days after of the receipt of notice to rescind, a full 1471
and complete refund of all moneys received, less 5 percent. The 1472
purchaser does not shall incur any no additional liability for 1473
rescinding the transaction. 1474
Section 22. Section 468.1265, Florida Statutes, is amended 1475
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to read: 1476
468.1265 Sale or distribution of prescription hearing aids 1477
through mail; penalty. —It is unlawful for any person to sell or 1478
distribute prescription hearing aids through the mail to the 1479
ultimate consumer. Any person who violates this section commits 1480
a misdemeanor of the second degree, punishable as provided in s. 1481
775.082 or s. 775.083. 1482
Section 23. Section 468.1275, Florida Statutes, is amended 1483
to read: 1484
468.1275 Place of business; display of license. —Each 1485
licensee who fits and sells a prescription hearing aid shall 1486
declare and establish a regular place of business, at which his 1487
or her license shall be conspicuously displayed. 1488
Section 24. Section 484.0401, Flori da Statutes, is amended 1489
to read: 1490
484.0401 Purpose.—The Legislature recognizes that the 1491
dispensing of prescription hearing aids requires particularized 1492
knowledge and skill to ensure that the interests of the hearing -1493
impaired public will be adequately serv ed and safely protected. 1494
It recognizes that a poorly selected or fitted prescription 1495
hearing aid not only will give little satisfaction but may 1496
interfere with hearing ability and, therefore, deems it 1497
necessary in the interest of the public health, safety, and 1498
welfare to regulate the dispensing of prescription hearing aids 1499
in this state. Restrictions on the fitting and selling of 1500
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prescription hearing aids shall be imposed only to the extent 1501
necessary to protect the public from physical and economic harm, 1502
and restrictions shall not be imposed in a manner which will 1503
unreasonably affect the competitive market. 1504
Section 25. Section 484.041, Florida Statutes, is 1505
reordered and amended to read: 1506
484.041 Definitions. —As used in this part, the term: 1507
(1) "Board" means the Board of Hearing Aid Specialists. 1508
(2) "Department" means the Department of Health. 1509
(3) "Dispensing prescription hearing aids" means and 1510
includes: 1511
(a) Conducting and interpreting hearing tests for purposes 1512
of selecting suitable prescription hearing aids, making earmolds 1513
or ear impressions, and providing appropriate counseling. 1514
(b) All acts pertaining to the selling, renting, leasing, 1515
pricing, delivery, and warranty of prescription hearing aids. 1516
(6)(4) "Hearing aid specialist" means a pers on duly 1517
licensed in this state to practice the dispensing of 1518
prescription hearing aids. 1519
(4)(5) "Hearing aid" means any wearable an amplifying 1520
device designed for, offered for the purpose of, or represented 1521
as aiding persons with, or compensating for, impaired hearing to 1522
be worn by a hearing -impaired person to improve hearing . 1523
(10)(6) "Trainee" means a person studying prescription 1524
hearing aid dispensing under the direct supervision of an active 1525
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licensed hearing aid specialist for the purpose of qualif ying 1526
for certification to sit for the licensure examination. 1527
(5)(7) "Hearing aid establishment" means any establishment 1528
in this the state which employs a licensed hearing aid 1529
specialist who offers, advertises, and performs hearing aid 1530
services for the general public. 1531
(7) "Over-the-counter hearing aid" means an air -conduction 1532
hearing aid that does not require implantation or other surgical 1533
intervention and is intended for use by a person 18 years of age 1534
or older to compensate for perceived mild to modera te hearing 1535
impairment. 1536
(8) "Prescription hearing aid" means a hearing aid that is 1537
not an over-the-counter hearing aid and that does not otherwise 1538
meet the criteria for a prescription hearing aid under this 1539
part. 1540
(9) "Sponsor" means an active, licensed hearing aid 1541
specialist under whose direct supervision one or more trainees 1542
are studying prescription hearing aid dispensing for the purpose 1543
of qualifying for certification to sit for the licensure 1544
examination. 1545
Section 26. Subsection (2) of section 484. 042, Florida 1546
Statutes, is amended to read: 1547
484.042 Board of Hearing Aid Specialists; membership, 1548
appointment, terms.— 1549
(2) Five members of the board shall be hearing aid 1550
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specialists who have been licensed and practicing the dispensing 1551
of prescription hearing aids in this state for at least the 1552
preceding 4 years. The remaining four members, none of whom 1553
shall derive economic benefit from the fitting or dispensing of 1554
hearing aids, shall be appointed from the resident lay public of 1555
this state. One of the la y members shall be a prescription 1556
hearing aid user but may not neither be nor have been a hearing 1557
aid specialist or a licensee of a closely related profession. 1558
One lay member shall be an individual age 65 or over. One lay 1559
member shall be an otolaryngologis t licensed pursuant to chapter 1560
458 or chapter 459. 1561
Section 27. Subsection (2) of section 484.044, Florida 1562
Statutes, is amended to read: 1563
484.044 Authority to make rules. — 1564
(2) The board shall adopt rules requiring that each 1565
prospective purchaser of a prescription hearing aid be notified 1566
by the attending hearing aid specialist, at the time of the 1567
initial examination for fitting and sale of a hearing aid, of 1568
telecoil, "t" coil, or "t" switch technology. The rules shall 1569
further require that hearing aid specialists make available to 1570
prospective purchasers or clients information regarding 1571
telecoils, "t" coils, or "t" switches. These rules shall be 1572
effective on or before October 1 , 1994. 1573
Section 28. Subsection (2) of section 484.0445, Florida 1574
Statutes, is amended to read: 1575
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484.0445 Training program. — 1576
(2) A trainee shall perform the functions of a hearing aid 1577
specialist in accordance with board rules only under the direct 1578
supervision of a licensed hearing aid specialist. The term 1579
"direct supervision" means that the sponsor is responsible for 1580
all work being performed by the trainee. The sponsor or a 1581
hearing aid specialist designated by the sponsor shall give 1582
final approval to work performed by the trainee and shall be 1583
physically present at the time the prescription hearing aid is 1584
delivered to the client. 1585
Section 29. Subsection (2) of section 484.045, Florida 1586
Statutes, is amended to read: 1587
484.045 Licensure by examination. — 1588
(2) The department shall license each applicant who the 1589
board certifies meets all of the following criteria : 1590
(a) Has completed the application form and remitted the 1591
required fees.; 1592
(b) Is of good moral character .; 1593
(c) Is 18 years of age or older .; 1594
(d) Is a graduate of an accredited high school or its 1595
equivalent.; 1596
(e)1. Has met the requirements of the training program; or 1597
2.a. Has a valid, current license as a hearing aid 1598
specialist or its equivalent from another state and has been 1599
actively practicing in such capacity for at least 12 months; or 1600
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b. Is currently certified by the National Board for 1601
Certification in Hearing Instrument Sciences and has been 1602
actively practicing for at least 12 months .; 1603
(f) Has passed an examination, as prescribed by board 1604
rule.; and 1605
(g) Has demonstrated, in a manner designated by rule of 1606
the board, knowledge of state laws and rules relating to the 1607
fitting and dispensing of prescription hearing aids. 1608
Section 30. Section 484.0501, Florida Statutes, is amended 1609
to read: 1610
484.0501 Minimal procedures and equipment. — 1611
(1) The following minimal procedures shall be used in the 1612
fitting and selling of prescription hearing aids: 1613
(a) Pure tone audiometric testing by air and bone to 1614
determine the type and degree of hear ing deficiency. 1615
(b) Effective masking when indicated. 1616
(c) Appropriate testing to determine speech reception 1617
thresholds, speech discrimination scores, the most comfortable 1618
listening levels, uncomfortable loudness levels, and the 1619
selection of the best fi tting arrangement for maximum hearing 1620
aid benefit. 1621
(2) The following equipment shall be used: 1622
(a) A wide range audiometer that which meets the 1623
specifications of the American National Standards Institute for 1624
diagnostic audiometers. 1625
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(b) A speech audiom eter or a master hearing aid in order 1626
to determine the most comfortable listening level and speech 1627
discrimination. 1628
(3) A final fitting ensuring physical and operational 1629
comfort of the prescription hearing aid shall be made. 1630
(4) The following medical cl earance shall be obtained: If, 1631
upon inspection of the ear canal with an otoscope in the common 1632
procedure of a prescription hearing aid fitter and upon 1633
interrogation of the client, there is any recent history of 1634
infection or any observable anomaly, the clie nt must shall be 1635
instructed to see a physician, and a prescription hearing aid 1636
may shall not be fitted until medical clearance is obtained for 1637
the condition noted. If, upon return, the condition noted is no 1638
longer observable and the client signs a medical waiver, a 1639
prescription hearing aid may be fitted. Any person with a 1640
significant differen ce between bone conduction hearing and air 1641
conduction hearing must be informed of the possibility of 1642
medical correction. 1643
(5)(a) A prescription hearing aid establishment office 1644
must have available, or have access to, a selection of 1645
prescription hearing aid models, hearing aid supplies, and 1646
services complete enough to accommodate the various needs of the 1647
prescription hearing aid wearers. 1648
(b) At the time of the initial examination for fitting and 1649
sale of a prescription hearing aid, the attending hearing ai d 1650
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specialist shall must notify the prospective purchaser or client 1651
of the benefits of telecoil, "t" coil, or "t" switch technology, 1652
including increased access to telephones and noninvasive access 1653
to assistive listening systems required under the Americans with 1654
Disabilities Act of 1990. 1655
(6) Each audiometric test conducted by a licensee or 1656
authorized trainee in the fitting and selling of prescription 1657
hearing aids must shall be made in a testing room that has been 1658
certified by the department, or by an agent approved by the 1659
department, not to exceed the following sound pressure levels at 1660
the specified frequencies: 250Hz -40dB, 500Hz-40dB, 750Hz-40dB, 1661
1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 1662
6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement 1663
shall be made in the case of a client who, after being provided 1664
written notice of the benefits and advantages of having the test 1665
conducted in a certified t esting room, requests that the test be 1666
conducted in a place other than the licensee's certified testing 1667
room. Such request must shall be documented by a waiver which 1668
includes the written notice and is signed by the licensee and 1669
the client before prior to the testing. The waiver must shall be 1670
executed on a form provided by the department. The executed 1671
waiver must shall be attached to the client's copy of the 1672
contract, and a copy of the executed waiver must shall be 1673
retained in the licensee's file. 1674
(7) The board may shall have the power to prescribe the 1675
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minimum procedures and equipment which must shall be used in the 1676
conducting of hearing assessments, and for the fitting and 1677
selling of prescription hearing aids, including equipment that 1678
will measure the prescription hearing aid's response curves to 1679
ensure that they meet the manufacturer's specifications. These 1680
procedures and equipment may differ from those provided in this 1681
section in order to take full advantage of devices and equipment 1682
which may hereafter be come available and which are demonstrated 1683
to be of greater efficiency and accuracy. The board shall adopt 1684
and enforce rules necessary to implement carry out the 1685
provisions of this subsection and subsection (6). 1686
(8) Any duly authorized officer or employee of the 1687
department may shall have the right to make such inspections and 1688
investigations as are necessary in order to determine the state 1689
of compliance with the provisions of this section and the 1690
applicable rules and may enter the premises of a licensee and 1691
inspect the records of same upon reasonable belief that a 1692
violation of this law is being or has been committed or that the 1693
licensee has failed or is failing to comply with the provisions 1694
of this part act. 1695
(9) A licensed hearing aid specialist may servic e, market, 1696
sell, dispense, provide customer support for, and distribute 1697
prescription and over -the-counter hearing aids. 1698
Section 31. Section 484.051, Florida Statutes, is amended 1699
to read: 1700
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484.051 Itemization of prices; delivery of prescription 1701
hearing aid; receipt, packaging, disclaimer, guarantee. — 1702
(1) Before Prior to delivery of services or products to a 1703
prospective purchaser, any person who fits and sells 1704
prescription hearing aids must shall disclose on request by the 1705
prospective purchaser an itemized listing of prices, which must 1706
listing shall include separate price estimates for each service 1707
component and each product. Provision of such itemized listing 1708
of prices may shall not be predicated on the prospective 1709
purchaser's payment of any charge or agreement to purchase any 1710
service or product. 1711
(2) Any person who fits and sells a prescription hearing 1712
aid must shall, at the time of delivery, provide the purchaser 1713
with a receipt containing the s eller's signature, the address of 1714
her or his regular place of business, and her or his license or 1715
trainee registration number, if applicable, together with the 1716
brand, model, manufacturer or manufacturer's identification 1717
code, and serial number of the prescription hearing aid 1718
furnished and the amount charged for the prescription hearing 1719
aid. The receipt must also shall specify whether the 1720
prescription hearing aid is new, used, or rebuilt , and shall 1721
specify the length of time and other terms of the guarantee , and 1722
by whom the prescription hearing aid is guaranteed. If When the 1723
client has requested an itemized list of prices, the receipt 1724
must shall also provide an itemization of the total purchase 1725
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price, including, but not limited to, the cost of the aid, 1726
earmold, batteries and other accessories, and any services. 1727
Notice of the availability of this service shall be displayed in 1728
a conspicuous manner in the office. The receipt must also shall 1729
state that any complaint concerning the prescription hearing aid 1730
and guarantee therefor, if not reconciled with the licensee from 1731
whom the prescription hearing aid was purchased, should be 1732
directed by the purchaser to the Department of Health. The 1733
address and telephone number of such office must shall be stated 1734
on the receipt. 1735
(3) A prescription No hearing aid may not be sold to any 1736
person unless both the packaging containing the prescription 1737
hearing aid and the itemized receipt provided pursuant to 1738
subsection (2) carry the following disclaimer in 10 -point or 1739
larger type: "A hearing aid will not restore normal hearing, nor 1740
will it prevent further hearing loss." 1741
Section 32. Section 484.0512, Florida Statutes, is amended 1742
to read: 1743
484.0512 Thirty-day trial period; purchaser's right to 1744
cancel; notice; refund; cancellation fee ; criminal penalty.— 1745
(1) A person selling a prescription hearing aid in this 1746
state must provide the buyer with written notice of a 30 -day 1747
trial period and money -back guarantee. The guarantee must permit 1748
the purchaser to cancel the purchase for a valid re ason, as 1749
defined by rule of the board rule, within 30 days after 1750
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receiving the prescription hearing aid, by returning the 1751
prescription hearing aid or mailing written notice of 1752
cancellation to the seller. If the prescription hearing aid must 1753
be repaired, remade, or adjusted during the 30 -day trial period, 1754
the running of the 30 -day trial period is suspended 1 day for 1755
each 24-hour period that the prescription hearing aid is not in 1756
the purchaser's possession. A repaired, remade, or adjusted 1757
prescription hearing aid must be claimed by the purchaser within 1758
3 working days after notification of availability. The running 1759
of the 30-day trial period resumes on the day the purchaser 1760
reclaims the repaired, remade, or adjusted prescription hearing 1761
aid or on the fourth day after notification of availability , 1762
whichever occurs earlier . 1763
(2) The board, in consultation with the Board of Speech -1764
Language Pathology and Audiology, shall prescribe by rule the 1765
terms and conditions to be contained in the money -back guarantee 1766
and any exceptions thereto. Such rules must rule shall provide, 1767
at a minimum, that the charges for earmolds and service provided 1768
to fit the prescription hearing aid may be retained by the 1769
licensee. The rules must shall also set forth any reasonable 1770
charges to be held by the licensee as a cancellation fee. Such 1771
rule shall be effective on or before December 1, 1994. Should 1772
the board fail to adopt such rule, a licensee may not charge a 1773
cancellation fee which exceeds 5 perc ent of the total charge for 1774
a hearing aid alone. The terms and conditions of the guarantee, 1775
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including the total amount available for refund, must shall be 1776
provided in writing to the purchaser before prior to the signing 1777
of the contract. 1778
(3) Within 30 days after the return or attempted return of 1779
the prescription hearing aid, the seller shall refund all moneys 1780
that must be refunded to a purchaser pursuant to this section. A 1781
violation of this subsection is a misdemeanor of the first 1782
degree, punishable as pro vided in s. 775.082 or s. 775.083. 1783
(4) For purposes of this section, the term "seller" or 1784
"person selling a prescription hearing aid" includes: 1785
(a) Any natural person licensed under this part or any 1786
other natural person who signs a sales receipt requir ed by s. 1787
484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or 1788
dispenses a prescription hearing aid. 1789
(b) Any business organization, whether a sole 1790
proprietorship, partnership, corporation, professional 1791
association, joint venture, business trus t, or other legal 1792
entity, that which dispenses a prescription hearing aid or 1793
enters into an agreement to dispense a prescription hearing aid. 1794
(c) Any person who controls, manages, or operates an 1795
establishment or business that dispenses a prescription hearing 1796
aid or enters into an agreement to dispense a prescription 1797
hearing aid. 1798
Section 33. Section 484.0513, Florida Statutes, is amended 1799
to read: 1800
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484.0513 Cancellation by medical authorization; 1801
purchaser's right to return. — 1802
(1) In addition to any ot her rights and remedies the 1803
purchaser of a prescription hearing aid may have, the purchaser 1804
has shall have the right to rescind the transaction if the 1805
purchaser for whatever reason consults a licensed physician with 1806
specialty board certification in otolary ngology or internal 1807
medicine or a licensed family practice physician, subsequent to 1808
purchasing a prescription hearing aid, and the physician 1809
certifies in writing that the purchaser has a hearing impairment 1810
for which a prescription hearing aid will not prov ide a benefit 1811
or that the purchaser has a medical condition which 1812
contraindicates the use of a prescription hearing aid. 1813
(2) The purchaser of a prescription hearing aid has shall 1814
have the right to rescind as provided in subsection (1) only if 1815
the purchaser gives a written notice of the intent to rescind 1816
the transaction to the seller at the seller's place of business 1817
by certified mail, return receipt requested, which must notice 1818
shall be posted within not later than 60 days after following 1819
the date of delivery of the prescription hearing aid to the 1820
purchaser, and the purchaser returns the prescription hearing 1821
aid to the seller in the original condition less normal wear and 1822
tear. 1823
(3) If the conditions of subsections (1) and (2) are met, 1824
the seller must shall, without request, refund to the purchaser, 1825
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within 10 days after of the receipt of the notice to rescind, a 1826
full and complete refund of all moneys received, less 5 percent. 1827
The purchaser does not shall incur any no additional liability 1828
for rescinding the transaction. 1829
Section 34. Section 484.053, Florida Statutes, is amended 1830
to read: 1831
484.053 Prohibitions; penalties. — 1832
(1) A person may not: 1833
(a) Practice dispensing prescription hearing aids unless 1834
the person is a licensed hearing aid specialist; 1835
(b) Use the name or title "hearing aid specialist" when 1836
the person has not been licensed under this part; 1837
(c) Present as her or his own the license of another; 1838
(d) Give false, incomplete, or forged evidence to the 1839
board or a member thereof for the purposes of obtaining a 1840
license; 1841
(e) Use or attempt to use a hearing aid specialist license 1842
that is delinquent or has been suspended, revoked, or placed on 1843
inactive status; 1844
(f) Knowingly employ unlicensed persons in t he practice of 1845
dispensing prescription hearing aids; or 1846
(g) Knowingly conceal information relative to violations 1847
of this part. 1848
(2) Any person who violates any provision of the 1849
provisions of this section is guilty of a felony of the third 1850
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degree, punishable as provided in s. 775.082 or s. 775.083. 1851
(3) If a person licensed under this part allows the sale 1852
of a prescription hearing aid by an unlicensed person not 1853
registered as a trainee or fails to comply with the requirements 1854
of s. 484.0445(2) relating t o supervision of trainees, the board 1855
must shall, upon determination of that violation, order the full 1856
refund of moneys paid by the purchaser upon return of the 1857
prescription hearing aid to the seller's place of business. 1858
Section 35. Section 484.054, Flo rida Statutes, is amended 1859
to read: 1860
484.054 Sale or distribution of prescription hearing aids 1861
through mail; penalty. —It is unlawful for any person to sell or 1862
distribute prescription hearing aids through the mail to the 1863
ultimate consumer. Any violation of this section constitutes a 1864
misdemeanor of the second degree, punishable as provided in s. 1865
775.082 or s. 775.083. 1866
Section 36. Section 484.059, Florida Statutes, is amended 1867
to read: 1868
484.059 Exemptions. — 1869
(1) The licensure requirements of this part do not apply 1870
to any person engaged in recommending prescription hearing aids 1871
as part of the academic curriculum of an accredited institution 1872
of higher education, or as part of a program conducted by a 1873
public charitable institution supported primarily by volun tary 1874
contribution, provided this organization does not dispense or 1875
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sell prescription hearing aids or accessories. 1876
(2) The licensure requirements of this part do not apply 1877
to any person licensed to practice medicine in this the state, 1878
except that such phy sician must shall comply with the 1879
requirement of periodic filing of the certificate of testing and 1880
calibration of audiometric equipment as provided in this part. A 1881
No person employed by or working under the supervision of a 1882
person licensed to practice medi cine may not shall perform any 1883
services or acts which would constitute the dispensing of 1884
prescription hearing aids as defined in s. 484.041 s. 1885
484.041(3), unless such person is a licensed hearing aid 1886
specialist. 1887
(3) The licensure requirements of this par t do not apply 1888
to an audiologist licensed under pursuant to part I of chapter 1889
468. 1890
(4) Section The provisions of s. 484.053(1)(a) does shall 1891
not apply to registered trainees operating in compliance with 1892
this part and board rules of the board. 1893
(5) The licensure requirements of this part do not apply 1894
to a person who services, markets, sells, dispenses, provides 1895
customer support for, or distributes exclusively over -the-1896
counter hearing aids, whether through in -person transactions, by 1897
mail, or online. For pu rposes of this subsection, over -the-1898
counter hearing aids are those that are available without the 1899
supervision, prescription, or other order, involvement, or 1900
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intervention of a licensed person to consumers through in -person 1901
transactions, by mail, or online. These devices allow the user 1902
to control the device and customize it to the user's hearing 1903
needs through the use of tools, tests, or software, including, 1904
but not limited to, wireless technology or tests for self -1905
assessment of hearing loss. 1906
Section 37. The Division of Law Revision is directed to 1907
replace the phrase "the effective date of this act" wherever it 1908
occurs in this act with the date the act becomes a law. 1909
Section 38. Except as otherwise expressly provided in this 1910
act and except for this sectio n, which shall take effect upon 1911
this act becoming a law, this act shall take effect July 1, 1912
2023. 1913