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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; revising 18
background screening requirements for certain 19
individuals; amending s. 381.988, F.S.; requiring 20
medical marijuana testing laboratories to subject 21
their employees to background screenings; revising 22
background screening requirements for certain 23
individuals; amending s. 382.005, F.S.; requiring 24
local registrars to electronically file all live 25
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birth, death, and fetal death records in their 26
respective jurisdictions in the department's 27
electronic registration system; requiring the local 28
registrars to file a paper record with the department 29
if the electronic system is unavailable; requiring 30
local registrars to make blank paper forms available 31
in such instances; providing requirements for such 32
paper records; amending s. 382.008, F.S.; conforming 33
provisions to changes made by the act; amending s. 34
382.009, F.S.; revising the types of health care 35
practitioners who may make certain determinations of 36
death; amending ss. 382.013 and 382.015, F.S.; 37
conforming provisions to changes made by the act; 38
amending ss. 382.021 and 382.023, F.S.; revising the 39
frequency with which circuit courts must transmit 40
marriage licenses and certain dissolution -of-marriage 41
records to the department; re quiring that such records 42
be transmitted electronically; amending s. 382.025, 43
F.S.; extending the timeframe for the confidentiality 44
of certain birth records; authorizing persons 45
appointed by the department to issue certified copies 46
of live birth, death, an d fetal death certificates; 47
amending s. 401.27, F.S.; revising requirements for 48
applicants for certification or recertification as 49
emergency medical technicians or paramedics; deleting 50
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a requirement that a certain certification examination 51
be offered monthly; deleting related duties of the 52
department; deleting a temporary certificate and 53
related provisions; amending s. 401.2701, F.S.; 54
exempting certain emergency medical services training 55
program applicants from the requirement to have a 56
certain affiliation agreement; amending s. 401.272, 57
F.S.; revising the purpose of certain provisions; 58
specifying requirements for the provision of specified 59
services by paramedics and emergency medical 60
technicians under certain circumstances; revising the 61
department's rulemak ing authority; amending s. 401.34, 62
F.S.; deleting certain provisions and fees related to 63
the department's grading of a certain certification 64
examination; amending s. 401.435, F.S.; revising 65
provisions related to minimum standards for emergency 66
medical responder training; amending s. 464.203, F.S.; 67
exempting certain applicants for certification as a 68
certified nursing assistant from the skills -69
demonstration portion of a certain competency 70
examination; amending ss. 468.1225 and 468.1245, F.S.; 71
revising the scope of practice for audiologists, as it 72
relates to hearing aids to apply to prescription 73
hearing aids only; amending s. 468.1246, F.S.; 74
conforming provisions to changes made by the act; 75
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deleting obsolete language; amending ss. 468.1255, 76
468.1265, and 468.12 75, F.S.; conforming provisions to 77
changes made by the act; amending s. 484.0401, F.S.; 78
revising legislative findings and intent to conform to 79
changes made by the act; reordering and amending s. 80
484.041, F.S.; providing and revising definitions; 81
amending s. 484.042, F.S.; revising membership 82
requirements for members of the Board of Hearing Aid 83
Specialists; amending s. 484.044, F.S.; revising the 84
board's rulemaking authority; deleting obsolete 85
language; amending ss. 484.0445, 484.045, 484.0501, 86
and 484.051, F.S.; revising the scope of practice for 87
hearing aid specialists and making conforming changes 88
to licensure and practice requirements; amending s. 89
484.0512, F.S.; conforming provisions to changes made 90
by the act; deleting obsolete language; amending ss. 91
484.0513, 484.053, and 484.054, F.S.; conforming 92
provisions to changes made by the act; amending s. 93
484.059, F.S.; conforming provisions to changes made 94
by the act; providing applicability; providing a 95
directive to the Division of Law Revision; providing 96
effective dates. 97
98
Be It Enacted by the Legislature of the State of Florida: 99
100
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Section 1. Effective upon this act becoming law, section 101
381.875, Florida Statutes, is created to read: 102
381.875 Enhanced potential pandemic pathogen research 103
prohibited.— 104
(1) As used in this section, the term: 105
(a) "Enhanced potential pandemic pathogen" means a 106
potential pandemic pathogen that results from enhancing the 107
transmissibility or virulence of a pathogen. The term does not 108
include naturally occurring pathogens ci rculating in or 109
recovered from nature, regardless of their pandemic potential. 110
(b) "Enhanced potential pandemic pathogen research" means 111
research that may be reasonably anticipated to create, transfer, 112
or use potential pandemic pathogens that result from enhancing a 113
pathogen's transmissibility or virulence in humans. 114
(c) "Potential pandemic pathogen" means a bacterium, 115
virus, or other microorganism that is likely to be both: 116
1. Highly transmissible and capable of wide, 117
uncontrollable spread in human p opulations; and 118
2. Highly virulent, making it likely to cause significant 119
morbidity or mortality in humans. 120
(2) Any research that is reasonably likely to create an 121
enhanced potential pandemic pathogen or that has been determined 122
by the United States De partment of Health and Human Services, 123
another federal agency, or a state agency as defined in s. 11.45 124
to create such a pathogen is prohibited in this state. 125
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(3) Any researcher applying for state or local funding to 126
conduct research in this state must d isclose in the application 127
to the funding source whether the research meets the definition 128
of enhanced potential pandemic pathogen research. 129
(4) The Department of Health shall exercise its authority 130
under s. 381.0012 to enjoin violations of this section. 131
(5) This section does not affect research funded or 132
conducted before the effective date of this act. 133
Section 2. Present paragraphs (a) through (o) of 134
subsection (1) of section 381.986, Florida Statutes, are 135
redesignated as paragraphs (b) through (p), respectively, a new 136
paragraph (a) is added to that subsection, and paragraphs (a) 137
and (c) of subsection (3), paragraphs (e) and (h) of subsection 138
(8), and subsection (9) of that section are amended, to read: 139
381.986 Medical use of marijuana. — 140
(1) DEFINITIONS.—As used in this section, the term: 141
(a) "Attractive to children" means the use of any image or 142
words designed or likely to appeal to persons younger than 18 143
years of age, including, but not limited to, cartoons, toys, 144
animals, food, or depict ions of persons younger than 18 years of 145
age; any other likeness to images, characters, or phrases that 146
are popularly used to advertise to persons younger than 18 years 147
of age; or any reasonable likeness to commercially available 148
candy. 149
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. — 150
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(a) Before being approved as a qualified physician , as 151
defined in paragraph (1)(m), and before each license renewal, a 152
physician must successfully complete a 2 -hour course and 153
subsequent examination offered by the Florida Medical 154
Association or the Florida Osteopathic Medical Association which 155
encompass the requirements of this section and any rules adopted 156
hereunder. The course and examination must shall be administered 157
at least annually and may be offered in a distance le arning 158
format, including an electronic, online format that is available 159
upon request. The price of the course may not exceed $500. A 160
physician who has met the physician education requirements of 161
former s. 381.986(4), Florida Statutes 2016, before June 23, 162
2017, shall be deemed to be in compliance with this paragraph 163
from June 23, 2017, until 90 days after the course and 164
examination required by this paragraph become available. 165
(c) Before being employed as a medical director , as 166
defined in paragraph (1)(i), and before each license renewal, a 167
medical director must successfully complete a 2 -hour course and 168
subsequent examination offered by the Florida Medical 169
Association or the Florida Osteopathic Medical Association which 170
encompass the requirements of this se ction and any rules adopted 171
hereunder. The course and examination must shall be administered 172
at least annually and may be offered in a distance learning 173
format, including an electronic, online format that is available 174
upon request. The price of the course may not exceed $500. 175
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(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 176
(e) A licensed medical marijuana treatment center shall 177
cultivate, process, transport, and dispense marijuana for 178
medical use. A licensed medical marijuana treatment center may 179
not contract for services directly related to the cultivation, 180
processing, and dispensing of marijuana or marijuana delivery 181
devices, except that a medical marijuana treatment center 182
licensed pursuant to subparagraph (a)1. may contract with a 183
single entity for the cul tivation, processing, transporting, and 184
dispensing of marijuana and marijuana delivery devices. A 185
licensed medical marijuana treatment center must, at all times, 186
maintain compliance with the criteria demonstrated and 187
representations made in the initial app lication and the criteria 188
established in this subsection. Upon request, the department may 189
grant a medical marijuana treatment center a variance from the 190
representations made in the initial application. Consideration 191
of such a request shall be based upon t he individual facts and 192
circumstances surrounding the request. A variance may not be 193
granted unless the requesting medical marijuana treatment center 194
can demonstrate to the department that it has a proposed 195
alternative to the specific representation made i n its 196
application which fulfills the same or a similar purpose as the 197
specific representation in a way that the department can 198
reasonably determine will not be a lower standard than the 199
specific representation in the application. A variance may not 200
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be granted from the requirements in subparagraph 2. and 201
subparagraphs (b)1. and 2. 202
1. A licensed medical marijuana treatment center may 203
transfer ownership to an individual or entity who meets the 204
requirements of this section. A publicly traded corporation or 205
publicly traded company that meets the requirements of this 206
section is not precluded from ownership of a medical marijuana 207
treatment center. To accommodate a change in ownership: 208
a. The licensed medical marijuana treatment center shall 209
notify the departmen t in writing at least 60 days before the 210
anticipated date of the change of ownership. 211
b. The individual or entity applying for initial licensure 212
due to a change of ownership must submit an application that 213
must be received by the department at least 60 d ays before the 214
date of change of ownership. 215
c. Upon receipt of an application for a license, the 216
department shall examine the application and, within 30 days 217
after receipt, notify the applicant in writing of any apparent 218
errors or omissions and request a ny additional information 219
required. 220
d. Requested information omitted from an application for 221
licensure must be filed with the department within 21 days after 222
the department's request for omitted information or the 223
application shall be deemed incomplete a nd shall be withdrawn 224
from further consideration and the fees shall be forfeited. 225
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e. Within 30 days after the receipt of a complete 226
application, the department shall approve or deny the 227
application. 228
2. A medical marijuana treatment center, and any 229
individual or entity who directly or indirectly owns, controls, 230
or holds with power to vote 5 percent or more of the voting 231
shares of a medical marijuana treatment center, may not acquire 232
direct or indirect ownership or control of any voting shares or 233
other form of ownership of any other medical marijuana treatment 234
center. 235
3. A medical marijuana treatment center may not enter into 236
any form of profit-sharing arrangement with the property owner 237
or lessor of any of its facilities where cultivation, 238
processing, storing, or dispensing of marijuana and marijuana 239
delivery devices occurs. 240
4. All employees of a medical marijuana treatment center 241
must be 21 years of age or older and have passed a background 242
screening pursuant to subsection (9). 243
5. Each medical marij uana treatment center must adopt and 244
enforce policies and procedures to ensure employees and 245
volunteers receive training on the legal requirements to 246
dispense marijuana to qualified patients. 247
6. When growing marijuana, a medical marijuana treatment 248
center: 249
a. May use pesticides determined by the department, after 250
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consultation with the Department of Agriculture and Consumer 251
Services, to be safely applied to plants intended for human 252
consumption, but may not use pesticides designated as 253
restricted-use pesticides pursuant to s. 487.042. 254
b. Must grow marijuana within an enclosed structure and in 255
a room separate from any other plant. 256
c. Must inspect seeds and growing plants for plant pests 257
that endanger or threaten the horticultural and agricultural 258
interests of the state in accordance with chapter 581 and any 259
rules adopted thereunder. 260
d. Must perform fumigation or treatment of plants, or 261
remove and destroy infested or infected plants, in accordance 262
with chapter 581 and any rules adopted thereunder. 263
7. Each medical marijuana treatment center must produce 264
and make available for purchase at least one low -THC cannabis 265
product. 266
8. A medical marijuana treatment center that produces 267
edibles must hold a permit to operate as a food establishment 268
pursuant to chapter 500, the Florida Food Safety Act, and must 269
comply with all the requirements for food establishments 270
pursuant to chapter 500 and any rules adopted thereunder. 271
Edibles may not contain more than 200 milligrams of 272
tetrahydrocannabinol, and a single serv ing portion of an edible 273
may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 274
may have a potency variance of no greater than 15 percent. 275
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Marijuana products, including edibles, may not be attractive to 276
children; be manufactured in the shape of huma ns, cartoons, or 277
animals; be manufactured in a form that bears any reasonable 278
resemblance to products available for consumption as 279
commercially available candy; or contain any color additives. To 280
discourage consumption of edibles by children, the departmen t 281
shall determine by rule any shapes, forms, and ingredients 282
allowed and prohibited for edibles. Medical marijuana treatment 283
centers may not begin processing or dispensing edibles until 284
after the effective date of the rule. The department shall also 285
adopt sanitation rules providing the standards and requirements 286
for the storage, display, or dispensing of edibles. 287
9. Within 12 months after licensure, a medical marijuana 288
treatment center must demonstrate to the department that all of 289
its processing faciliti es have passed a Food Safety Good 290
Manufacturing Practices, such as Global Food Safety Initiative 291
or equivalent, inspection by a nationally accredited certifying 292
body. A medical marijuana treatment center must immediately stop 293
processing at any facility whi ch fails to pass this inspection 294
until it demonstrates to the department that such facility has 295
met this requirement. 296
10. A medical marijuana treatment center that produces 297
prerolled marijuana cigarettes may not use wrapping paper made 298
with tobacco or hemp. 299
11. When processing marijuana, a medical marijuana 300
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treatment center must: 301
a. Process the marijuana within an enclosed structure and 302
in a room separate from other plants or products. 303
b. Comply with department rules when processing marijuana 304
with hydrocarbon solvents or other solvents or gases exhibiting 305
potential toxicity to humans. The department shall determine by 306
rule the requirements for medical marijuana treatment centers to 307
use such solvents or gases exhibiting potential toxicity to 308
humans. 309
c. Comply with federal and state laws and regulations and 310
department rules for solid and liquid wastes. The department 311
shall determine by rule procedures for the storage, handling, 312
transportation, management, and disposal of solid and liquid 313
waste generated during marijuana production and processing. The 314
Department of Environmental Protection shall assist the 315
department in developing such rules. 316
d. Test the processed marijuana using a medical marijuana 317
testing laboratory before it is dispensed. Results must be 318
verified and signed by two medical marijuana treatment center 319
employees. Before dispensing, the medical marijuana treatment 320
center must determine that the test results indicate that low -321
THC cannabis meets the definition of low -THC cannabis, the 322
concentration of tetrahydrocannabinol meets the potency 323
requirements of this section, the labeling of the concentration 324
of tetrahydrocannabinol and cannabidiol is accurate, and all 325
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marijuana is safe for human consumption and free from 326
contaminants that are un safe for human consumption. The 327
department shall determine by rule which contaminants must be 328
tested for and the maximum levels of each contaminant which are 329
safe for human consumption. The Department of Agriculture and 330
Consumer Services shall assist the d epartment in developing the 331
testing requirements for contaminants that are unsafe for human 332
consumption in edibles. The department shall also determine by 333
rule the procedures for the treatment of marijuana that fails to 334
meet the testing requirements of thi s section, s. 381.988, or 335
department rule. The department may select samples of marijuana 336
from a medical marijuana treatment center facility which shall 337
be tested by the department to determine whether the marijuana 338
meets the potency requirements of this s ection, is safe for 339
human consumption, and is accurately labeled with the 340
tetrahydrocannabinol and cannabidiol concentration or to verify 341
the result of marijuana testing conducted by a marijuana testing 342
laboratory. The department may also select samples of marijuana 343
delivery devices from a medical marijuana treatment center to 344
determine whether the marijuana delivery device is safe for use 345
by qualified patients. A medical marijuana treatment center may 346
not require payment from the department for the sample. A 347
medical marijuana treatment center must recall marijuana, 348
including all marijuana and marijuana products made from the 349
same batch of marijuana, that fails to meet the potency 350
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requirements of this section, that is unsafe for human 351
consumption, or for whi ch the labeling of the 352
tetrahydrocannabinol and cannabidiol concentration is 353
inaccurate. The department shall adopt rules to establish 354
marijuana potency variations of no greater than 15 percent using 355
negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts 356
for, but is not limited to, time lapses between testing, testing 357
methods, testing instruments, and types of marijuana sampled for 358
testing. The department may not issue any recalls for product 359
potency as it relates to product labeling before issuin g a rule 360
relating to potency variation standards. A medical marijuana 361
treatment center must also recall all marijuana delivery devices 362
determined to be unsafe for use by qualified patients. The 363
medical marijuana treatment center must retain records of all 364
testing and samples of each homogenous batch of marijuana for at 365
least 9 months. The medical marijuana treatment center must 366
contract with a marijuana testing laboratory to perform audits 367
on the medical marijuana treatment center's standard operating 368
procedures, testing records, and samples and provide the results 369
to the department to confirm that the marijuana or low -THC 370
cannabis meets the requirements of this section and that the 371
marijuana or low-THC cannabis is safe for human consumption. A 372
medical marijuana treatment center shall reserve two processed 373
samples from each batch and retain such samples for at least 9 374
months for the purpose of such audits. A medical marijuana 375
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treatment center may use a laboratory that has not been 376
certified by the department under s. 381.988 until such time as 377
at least one laboratory holds the required certification, but in 378
no event later than July 1, 2018. 379
e. Package the marijuana in compliance with the United 380
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 381
1471 et seq. 382
f. Package the marijuana in a receptacle that has a firmly 383
affixed and legible label stating the following information: 384
(I) The marijuana or low -THC cannabis meets the 385
requirements of sub-subparagraph d. 386
(II) The name of the medical mariju ana treatment center 387
from which the marijuana originates. 388
(III) The batch number and harvest number from which the 389
marijuana originates and the date dispensed. 390
(IV) The name of the physician who issued the physician 391
certification. 392
(V) The name of the patient. 393
(VI) The product name, if applicable, and dosage form, 394
including concentration of tetrahydrocannabinol and cannabidiol. 395
The product name may not contain wording commonly associated 396
with products that are attractive to children or which promote 397
the recreational use of marijuana marketed by or to children . 398
(VII) The recommended dose. 399
(VIII) A warning that it is illegal to transfer medical 400
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marijuana to another person. 401
(IX) A marijuana universal symbol developed by the 402
department. 403
12. The medical marijuana treatment center shall include 404
in each package a patient package insert with information on the 405
specific product dispensed related to: 406
a. Clinical pharmacology. 407
b. Indications and use. 408
c. Dosage and administration. 409
d. Dosage forms and strengths. 410
e. Contraindications. 411
f. Warnings and precautions. 412
g. Adverse reactions. 413
13. In addition to the packaging and labeling requirements 414
specified in subparagraphs 11. and 12., marijuana in a form for 415
smoking must be packaged in a sealed r eceptacle with a legible 416
and prominent warning to keep away from children and a warning 417
that states marijuana smoke contains carcinogens and may 418
negatively affect health. Such receptacles for marijuana in a 419
form for smoking must be plain, opaque, and white without 420
depictions of the product or images other than the medical 421
marijuana treatment center's department -approved logo and the 422
marijuana universal symbol. 423
14. The department shall adopt rules to regulate the 424
types, appearance, and labeling of marijuan a delivery devices 425
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dispensed from a medical marijuana treatment center. The rules 426
must require marijuana delivery devices to have an appearance 427
consistent with medical use. 428
15. Each edible must shall be individually sealed in 429
plain, opaque wrapping marke d only with the marijuana universal 430
symbol. Where practical, each edible must shall be marked with 431
the marijuana universal symbol. In addition to the packaging and 432
labeling requirements in subparagraphs 11. and 12., edible 433
receptacles must be plain, opaque , and white without depictions 434
of the product or images other than the medical marijuana 435
treatment center's department -approved logo and the marijuana 436
universal symbol. The receptacle must also include a list of all 437
the edible's ingredients, storage instru ctions, an expiration 438
date, a legible and prominent warning to keep away from children 439
and pets, and a warning that the edible has not been produced or 440
inspected pursuant to federal food safety laws. 441
16. When dispensing marijuana or a marijuana delivery 442
device, a medical marijuana treatment center: 443
a. May dispense any active, valid order for low -THC 444
cannabis, medical cannabis and cannabis delivery devices issued 445
pursuant to former s. 381.986, Florida Statutes 2016, which was 446
entered into the medical mar ijuana use registry before July 1, 447
2017. 448
b. May not dispense more than a 70 -day supply of marijuana 449
within any 70-day period to a qualified patient or caregiver. 450
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May not dispense more than one 35 -day supply of marijuana in a 451
form for smoking within any 3 5-day period to a qualified patient 452
or caregiver. A 35-day supply of marijuana in a form for smoking 453
may not exceed 2.5 ounces unless an exception to this amount is 454
approved by the department pursuant to paragraph (4)(f). 455
c. Must have the medical marijuana treatment center's 456
employee who dispenses the marijuana or a marijuana delivery 457
device enter into the medical marijuana use registry his or her 458
name or unique employee identifier. 459
d. Must verify that the qualified patient and the 460
caregiver, if applicable, each have an active registration in 461
the medical marijuana use registry and an active and valid 462
medical marijuana use registry identification card, the amount 463
and type of marijuana dispensed matches the physician 464
certification in the medical mar ijuana use registry for that 465
qualified patient, and the physician certification has not 466
already been filled. 467
e. May not dispense marijuana to a qualified patient who 468
is younger than 18 years of age. If the qualified patient is 469
younger than 18 years of ag e, marijuana may only be dispensed to 470
the qualified patient's caregiver. 471
f. May not dispense or sell any other type of cannabis, 472
alcohol, or illicit drug -related product, including pipes or 473
wrapping papers made with tobacco or hemp, other than a 474
marijuana delivery device required for the medical use of 475
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marijuana and which is specified in a physician certification. 476
g. Must, upon dispensing the marijuana or marijuana 477
delivery device, record in the registry the date, time, 478
quantity, and form of marijuana d ispensed; the type of marijuana 479
delivery device dispensed; and the name and medical marijuana 480
use registry identification number of the qualified patient or 481
caregiver to whom the marijuana delivery device was dispensed. 482
h. Must ensure that patient record s are not visible to 483
anyone other than the qualified patient, his or her caregiver, 484
and authorized medical marijuana treatment center employees. 485
(h) A medical marijuana treatment center may not engage in 486
advertising that is visible to members of the publ ic from any 487
street, sidewalk, park, or other public place, except: 488
1. The dispensing location of a medical marijuana 489
treatment center may have a sign that is affixed to the outside 490
or hanging in the window of the premises which identifies the 491
dispensary by the licensee's business name, a department -492
approved trade name, or a department -approved logo. A medical 493
marijuana treatment center's trade name and logo may not contain 494
wording or images that are attractive to children commonly 495
associated with marketin g targeted toward children or which 496
promote recreational use of marijuana. 497
2. A medical marijuana treatment center may engage in 498
Internet advertising and marketing under the following 499
conditions: 500
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a. All advertisements must be approved by the department . 501
b. An advertisement may not have any content that is 502
attractive to children or which promotes the recreational use of 503
marijuana specifically targets individuals under the age of 18, 504
including cartoon characters or similar images . 505
c. An advertisement may not be an unsolicited pop -up 506
advertisement. 507
d. Opt-in marketing must include an easy and permanent 508
opt-out feature. 509
(9) BACKGROUND SCREENING. —An individual required to 510
undergo a background screening pursuant to this section must 511
pass a level 2 background screening as provided under chapter 512
435, which, in addition to the disqualifying offenses provided 513
in s. 435.04, shall exclude an individual who has an arrest 514
awaiting final disposition for, has been found guilty of, 515
regardless of adjudication, or h as entered a plea of nolo 516
contendere or guilty to an offense under chapter 837, chapter 517
895, or chapter 896 or similar law of another jurisdiction. 518
Exemptions from disqualification as provided under s. 435.07 do 519
not apply to this subsection. 520
(a) Such individual must submit a full set of fingerprints 521
to the department or to a vendor, entity, or agency authorized 522
by s. 943.053(13). The department, vendor, entity, or agency 523
shall forward the fingerprints to the Department of Law 524
Enforcement for state process ing, and the Department of Law 525
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Enforcement shall forward the fingerprints to the Federal Bureau 526
of Investigation for national processing. 527
(b) Fees for state and federal fingerprint processing and 528
retention shall be borne by the medical marijuana treatmen t 529
center or caregiver, as applicable individual. The state cost 530
for fingerprint processing shall be as provided in s. 531
943.053(3)(e) for records provided to persons or entities other 532
than those specified as exceptions therein. 533
(c) Fingerprints submitted t o the Department of Law 534
Enforcement pursuant to this subsection shall be retained by the 535
Department of Law Enforcement as provided in s. 943.05(2)(g) and 536
(h) and, when the Department of Law Enforcement begins 537
participation in the program, enrolled in the F ederal Bureau of 538
Investigation's national retained print arrest notification 539
program. Any arrest record identified shall be reported to the 540
department. 541
Section 3. Paragraph (d) of subsection (1) of section 542
381.988, Florida Statutes, is amended to read: 543
381.988 Medical marijuana testing laboratories; marijuana 544
tests conducted by a certified laboratory. — 545
(1) A person or entity seeking to be a certified marijuana 546
testing laboratory must: 547
(d) Require all employees, owners, and managers to submit 548
to and pass a level 2 background screening pursuant to chapter 549
435. The department s. 435.04 and shall deny certification if 550
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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
the person or entity seeking certification has a disqualifying 551
offense as provided in s. 435.04 or has an arrest awaiting final 552
disposition for, has been found guilty of, or has entered a plea 553
of guilty or nolo contendere to, regardless of adjudication, any 554
offense listed in chapter 837, chapter 895, or chapter 896 or 555
similar law of another jurisdiction. Exemptions from 556
disqualification as provided under s. 435.07 do not apply to 557
this paragraph. 558
1. Such employees, owners, and managers must submit a full 559
set of fingerprints to the department or to a vendor, entity, or 560
agency authorized by s. 943.053(13). The department, vendor, 561
entity, or agency shall forward the fingerprints to the 562
Department of Law Enforcement for state processing, and the 563
Department of Law Enforcement shall forward the fingerprints to 564
the Federal Bureau of Investigation for national processing. 565
2. Fees for state and fe deral fingerprint processing and 566
retention shall be borne by the certified marijuana testing 567
laboratory such owners or managers . The state cost for 568
fingerprint processing shall be as provided in s. 943.053(3)(e) 569
for records provided to persons or entities other than those 570
specified as exceptions therein. 571
3. Fingerprints submitted to the Department of Law 572
Enforcement pursuant to this paragraph shall be retained by the 573
Department of Law Enforcement as provided in s. 943.05(2)(g) and 574
(h) and, when the Depart ment of Law Enforcement begins 575
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participation in the program, enrolled in the Federal Bureau of 576
Investigation's national retained print arrest notification 577
program. Any arrest record identified shall be reported to the 578
department. 579
Section 4. Section 382 .005, Florida Statutes, is amended 580
to read: 581
382.005 Duties of local registrars. — 582
(1) Each local registrar is charged with the strict and 583
thorough enforcement of the provisions of this chapter and rules 584
adopted hereunder in his or her registration distr ict, and shall 585
make an immediate report to the department of any violation or 586
apparent violation of this law or rules adopted hereunder. 587
(2) Each local registrar must electronically file all live 588
birth, death, and fetal death records within their respect ive 589
jurisdictions in the department's electronic registration 590
system. If the department's electronic registration system is 591
unavailable, the local registrar must file a paper record with 592
the department. 593
(3) Each local registrar must shall make available blank 594
forms available if the department's electronic registration 595
system is unavailable, as necessary and must shall examine each 596
paper certificate of live birth, death, or fetal death when 597
presented for registration in order to ascertain whether or not 598
it has been completed in accordance with the provisions of this 599
chapter and adopted rules. All paper birth, death, and fetal 600
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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
death certificates must shall be typewritten in permanent black 601
ink, and a paper certificate is not complete and correct if it 602
does not supply each item of information called for or 603
satisfactorily account for its omission. 604
(4)(3) The local registrar or his or her deputy, if 605
authorized by the department, shall sign as registrar in 606
attestation of the date of registration of any paper records 607
filed, and may also make and preserve a local paper record of 608
each birth, death, and fetal death certificate registered by him 609
or her, in such manner as directed by the department. The local 610
registrar shall transmit daily to the department all orig inal 611
paper certificates registered. If no births, deaths, or fetal 612
deaths occurred in any month, the local registrar or deputy 613
shall, on the 7th day of the following month, report that fact 614
to the department on a form provided for such purpose. 615
(5)(4) Each local registrar, immediately upon appointment, 616
shall designate one or more deputy registrars to act on behalf 617
of the local registrar. 618
Section 5. Subsection (2) of section 382.008, Florida 619
Statutes, is amended to read: 620
382.008 Death, fetal death, a nd nonviable birth 621
registration.— 622
(2)(a) The funeral director who first assumes custody of a 623
dead body or fetus shall electronically file the certificate of 624
death or fetal death. In the absence of the funeral director, 625
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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
the physician, physician assistant, advanced practice registered 626
nurse registered under s. 464.0123, or other person in 627
attendance at or after the death or the district medical 628
examiner of the county in which the death occurred or the body 629
was found shall electronically file the certificate of death or 630
fetal death. The person who files the certificate shall obtain 631
personal data from a legally authorized person as described in 632
s. 497.005 or the best qualified person or source available. The 633
medical certification of cause of death must shall be furnished 634
to the funeral director, either in person or via certified mail 635
or electronic transfer, by the physician, physician assistant, 636
advanced practice registered nurse registered under s. 464.0123, 637
or medical examiner responsible for furnishing such information. 638
For fetal deaths, the physician, physician assistant, advanced 639
practice registered nurse registered under s. 464.0123, midwife, 640
or hospital administrator shall provide any medical or health 641
information to the funeral director within 72 hours a fter 642
expulsion or extraction. 643
(b) The State Registrar shall may receive electronically a 644
certificate of death, fetal death, or nonviable birth which is 645
required to be filed with the registrar under this chapter 646
through facsimile or other electronic trans fer for the purpose 647
of filing the certificate. The receipt of a certificate of 648
death, fetal death, or nonviable birth by electronic transfer 649
constitutes delivery to the State Registrar as required by law. 650
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Section 6. Subsection (2) of section 382.009, F lorida 651
Statutes, is amended to read: 652
382.009 Recognition of brain death under certain 653
circumstances.— 654
(2) Determination of death pursuant to this section must 655
shall be made in accordance with currently accepted reasonable 656
medical standards. 657
(a) If the patient′s treating health care practitioner is 658
a physician licensed under chapter 458 or chapter 459, the 659
determination must be made by that physician and a second 660
physician two physicians licensed under chapter 458 or chapter 661
459 who is. One physician shall be the treating physician, and 662
the other physician shall be a board-eligible or board-certified 663
neurologist, neurosurgeon, internist, pediatrician, surgeon, or 664
anesthesiologist. 665
(b) If the patient′s treating health care practitioner is 666
an autonomous advanced practice registered nurse registered 667
under s. 464.0123, the determination must be made by that 668
practitioner and two physicians licensed under chapter 458 or 669
chapter 459. Each physician must be a board -eligible or board-670
certified neurologist, neu rosurgeon, internist, pediatrician, 671
surgeon, or anesthesiologist. 672
Section 7. Section 382.013, Florida Statutes, is amended 673
to read: 674
382.013 Birth registration. —A certificate for each live 675
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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
birth that occurs in this state shall be filed within 5 days 676
after such birth in the department's electronic registration 677
system with the local registrar of the district in which the 678
birth occurred and shall be registered by the local registrar if 679
the certificate has been completed and filed in accordance with 680
this chapter and adopted rules. The information regarding 681
registered births shall be used for comparison with information 682
in the state case registry, as defined in chapter 61. 683
(1) FILING.— 684
(a) If a birth occurs in a hospital, birth center, or 685
other health care facility, or en route thereto, the person in 686
charge of the facility is shall be responsible for preparing the 687
certificate, certifying the facts of the birth, and filing the 688
certificate in the department's electronic registration system 689
with the local registrar. Within 48 hours after the birth, the 690
physician, midwife, or person in attendance during or 691
immediately after the delivery shall provide the facility with 692
the medical information required by the birth certificate. 693
(b) If a birth occurs outside a facility and a physician 694
licensed in this state, a certified nurse midwife, a midwife 695
licensed in this state, or a public health nurse employed by the 696
department was in attendance during or immediately after the 697
delivery, that person shall prepare and file the certificate. 698
(c) If a birth occurs outside a facility and the delivery 699
is not attended by one of the persons described in paragraph 700
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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
(b), the person in attendance, the mother, or the father shall 701
report the birth to the registrar and provide proof of the facts 702
of birth. The department may require such documents to be 703
presented and such proof to be filed as it deems necessary and 704
sufficient to establish the truth of the facts to be recorded by 705
the certificate and may withhold registering the birth unti l its 706
requirements are met. 707
(d) If a birth occurs in a moving conveyance and the child 708
is first removed from the conveyance in this state, the birth 709
shall be filed and registered in this state and the place to 710
which the child is first removed shall be co nsidered the place 711
of birth. 712
(e) The mother or the father of the child shall attest to 713
the accuracy of the personal data entered on the certificate in 714
time to permit the timely registration of the certificate. 715
(f) If a certificate of live birth is inco mplete, the 716
local registrar shall immediately notify the health care 717
facility or person filing the certificate and shall require the 718
completion of the missing items of information if they can be 719
obtained before prior to issuing certified copies of the birt h 720
certificate. 721
(g) Regardless of any plan to place a child for adoption 722
after birth, the information on the birth certificate as 723
required by this section must be as to the child's birth parents 724
unless and until an application for a new birth record is ma de 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
under s. 63.152. 726
(h) The State Registrar may receive electronically a birth 727
certificate for each live birth which is required to be filed 728
with the registrar under this chapter through facsimile or other 729
electronic transfer for the purpose of filing th e birth 730
certificate. The receipt of a birth certificate by electronic 731
transfer constitutes delivery to the State Registrar as required 732
by law. 733
(2) PATERNITY.— 734
(a) If the mother is married at the time of birth, the 735
name of the husband shall be entered o n the birth certificate as 736
the father of the child, unless paternity has been determined 737
otherwise by a court of competent jurisdiction. 738
(b) Notwithstanding paragraph (a), if the husband of the 739
mother dies while the mother is pregnant but before the birt h of 740
the child, the name of the deceased husband shall be entered on 741
the birth certificate as the father of the child, unless 742
paternity has been determined otherwise by a court of competent 743
jurisdiction. 744
(c) If the mother is not married at the time of th e birth, 745
the name of the father may not be entered on the birth 746
certificate without the execution of an affidavit signed by both 747
the mother and the person to be named as the father. The 748
facility shall give notice orally or through the use of video or 749
audio equipment, and in writing, of the alternatives to, the 750
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legal consequences of, and the rights, including, if one parent 751
is a minor, any rights afforded due to minority status, and 752
responsibilities that arise from signing an acknowledgment of 753
paternity, as well as information provided by the Title IV -D 754
agency established pursuant to s. 409.2557, regarding the 755
benefits of voluntary establishment of paternity. Upon request 756
of the mother and the person to be named as the father, the 757
facility shall assist in the execution of the affidavit, a 758
notarized voluntary acknowledgment of paternity, or a voluntary 759
acknowledgment of paternity that is witnessed by two individuals 760
and signed under penalty of perjury as specified by s. 761
92.525(2). 762
(d) If the paternity of the child is determined by a court 763
of competent jurisdiction as provided under s. 382.015 or there 764
is a final judgment of dissolution of marriage which requires 765
the former husband to pay child support for the child, the name 766
of the father and the surname of th e child shall be entered on 767
the certificate in accordance with the finding and order of the 768
court. If the court fails to specify a surname for the child, 769
the surname shall be entered in accordance with subsection (3). 770
(e) If the paternity of the child is determined pursuant 771
to s. 409.256, the name of the father and the surname of the 772
child shall be entered on the certificate in accordance with the 773
finding and order of the Department of Revenue. 774
(f) If the mother and father marry each other at any time 775
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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
after the child's birth, upon receipt of a marriage license that 776
identifies any such child, the department shall amend the 777
certificate with regard to the parents' marital status as though 778
the parents were married at the time of birth. 779
(g) If the father is not named on the certificate, no 780
other information about the father shall be entered on the 781
certificate. 782
(3) NAME OF CHILD.— 783
(a) If the mother is married at the time of birth, the 784
mother and father whose names are entered on the birth 785
certificate shall select the given names and surname of the 786
child if both parents have custody of the child, otherwise the 787
parent who has custody shall select the child's name. 788
(b) If the mother and father whose names are entered on 789
the birth certificate disagree on the surname of the child and 790
both parents have custody of the child, the surname selected by 791
the father and the surname selected by the mother shall both be 792
entered on the birth certificate, separated by a hyphen, with 793
the selected names entered in alphabetic al order. If the parents 794
disagree on the selection of a given name, the given name may 795
not be entered on the certificate until a joint agreement that 796
lists the agreed upon given name and is notarized by both 797
parents is submitted to the department, or until a given name is 798
selected by a court. 799
(c) If the mother is not married at the time of birth, the 800
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parent who will have custody of the child shall select the 801
child's given name and surname. 802
(d) If multiple names of the child exceed the space 803
provided on the face of the birth certificate they shall be 804
listed on the back of the certificate. Names listed on the back 805
of the certificate shall be part of the official record. 806
(4) UNDETERMINED PARENTAGE. —The person having custody of a 807
child of undetermined pare ntage shall register a birth 808
certificate showing all known or approximate facts relating to 809
the birth. To assist in later determination, information 810
concerning the place and circumstances under which the child was 811
found shall be included on the portion of the birth certificate 812
relating to marital status and medical details. In the event the 813
child is later identified, a new birth certificate shall be 814
prepared which shall bear the same number as the original birth 815
certificate, and the original certificate sha ll be sealed and 816
filed, shall be confidential and exempt from the provisions of 817
s. 119.07(1), and shall not be opened to inspection by, nor 818
shall certified copies of the same be issued except by court 819
order to, any person other than the registrant if of le gal age. 820
(5) DISCLOSURE.—The original certificate of live birth 821
shall contain all the information required by the department for 822
legal, social, and health research purposes. However, all 823
information concerning parentage, marital status, and medical 824
details shall be confidential and exempt from the provisions of 825
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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
s. 119.07(1), except for health research purposes as approved by 826
the department, nor shall copies of the same be issued except as 827
provided in s. 382.025. 828
Section 8. Section 382.015, Florida Sta tutes, is amended 829
to read: 830
382.015 New certificates of live birth; duty of clerks of 831
court and department. —The clerk of the court in which any 832
proceeding for adoption, annulment of an adoption, affirmation 833
of parental status, or determination of paternit y is to be 834
registered, shall within 30 days after the final disposition, 835
forward electronically to the department a certified copy of the 836
court order, or a report of the proceedings upon a form to be 837
furnished by the department, together with sufficient 838
information to identify the original birth certificate and to 839
enable the preparation of a new birth certificate. The clerk of 840
the court shall implement a monitoring and quality control plan 841
to ensure that all judicial determinations of paternity are 842
reported to the department in compliance with this section. The 843
department shall track paternity determinations reported monthly 844
by county, monitor compliance with the 30 -day timeframe, and 845
report the data to the clerks of the court quarterly. 846
(1) ADOPTION AND ANNULMENT OF ADOPTION. — 847
(a) Upon receipt of the report or certified copy of an 848
adoption decree, together with the information necessary to 849
identify the original certificate of live birth, and establish a 850
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new certificate, the department shall prepare and f ile a new 851
birth certificate, absent objection by the court decreeing the 852
adoption, the adoptive parents, or the adoptee if of legal age. 853
The certificate shall bear the same file number as the original 854
birth certificate. All names and identifying informatio n 855
relating to the adoptive parents entered on the new certificate 856
shall refer to the adoptive parents, but nothing in the 857
certificate shall refer to or designate the parents as being 858
adoptive. All other items not affected by adoption shall be 859
copied as on the original certificate, including the date of 860
registration and filing. 861
(b) Upon receipt of the report or certified copy of an 862
annulment-of-adoption decree, together with the sufficient 863
information to identify the original certificate of live birth, 864
the department shall, if a new certificate of birth was filed 865
following an adoption report or decree, remove the new 866
certificate and restore the original certificate to its original 867
place in the files, and the certificate so removed shall be 868
sealed by the department. 869
(c) Upon receipt of a report or certified copy of an 870
adoption decree or annulment -of-adoption decree for a person 871
born in another state, the department shall forward the report 872
or decree to the state of the registrant's birth. If the adoptee 873
was born in Canada, the department shall send a copy of the 874
report or decree to the appropriate birth registration authority 875
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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
in Canada. 876
(2) DETERMINATION OF PATERNITY. —Upon receipt of the 877
report, a certified copy of a final decree of determination of 878
paternity, or a certified copy of a final judgment of 879
dissolution of marriage which requires the former husband to pay 880
child support for the child, together with sufficient 881
information to identify the original certificate of live birth, 882
the department shall prep are and file a new birth certificate, 883
which shall bear the same file number as the original birth 884
certificate. The registrant's name shall be entered as decreed 885
by the court or as reflected in the final judgment or support 886
order. The names and identifying information of the parents 887
shall be entered as of the date of the registrant's birth. 888
(3) AFFIRMATION OF PARENTAL STATUS. —Upon receipt of an 889
order of affirmation of parental status issued pursuant to s. 890
742.16, together with sufficient information to ide ntify the 891
original certificate of live birth, the department shall prepare 892
and file a new birth certificate which shall bear the same file 893
number as the original birth certificate. The names and 894
identifying information of the registrant's parents entered o n 895
the new certificate shall be the commissioning couple, but the 896
new certificate may not make reference to or designate the 897
parents as the commissioning couple. 898
(4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR 899
ORIGINAL.—When a new certificate of birth is prepared, the 900
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department shall substitute the new certificate of birth for the 901
original certificate on file. All copies of the original 902
certificate of live birth in the custody of a local registrar or 903
other state custodian of vital records shall be forwar ded to the 904
State Registrar. Thereafter, when a certified copy of the 905
certificate of birth or portion thereof is issued, it shall be a 906
copy of the new certificate of birth or portion thereof, except 907
when a court order requires issuance of a certified copy o f the 908
original certificate of birth. In an adoption, change in 909
paternity, affirmation of parental status, undetermined 910
parentage, or court-ordered substitution, the department shall 911
place the original certificate of birth and all papers 912
pertaining thereto under seal, not to be broken except by order 913
of a court of competent jurisdiction or as otherwise provided by 914
law. 915
(5) FORM.—Except for certificates of foreign birth which 916
are registered as provided in s. 382.017, and delayed 917
certificates of birth which are registered as provided in ss. 918
382.019 and 382.0195, all original, new, or amended certificates 919
of live birth shall be identical in form, regardless of the 920
marital status of the parents or the fact that the registrant is 921
adopted or of undetermined paren tage. 922
(6) RULES.—The department shall adopt and enforce all 923
rules necessary for carrying out the provisions of this section. 924
Section 9. Section 382.021, Florida Statutes, is amended 925
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to read: 926
382.021 Department to receive marriage licenses. —Weekly On 927
or before the 5th day of each month, the county court judge or 928
clerk of the circuit court shall electronically transmit all 929
original marriage licenses, with endorsements, received during 930
the preceding calendar week month, to the department. Any 931
marriage licenses issued and not returned or any marriage 932
licenses returned but not recorded shall be reported by the 933
issuing county court judge or clerk of the circuit court to the 934
department at the time of transmitting the recorded licenses on 935
the forms to be prescribed and furnished by the department. If 936
during any month no marriage licenses are issued or returned, 937
the county court judge or clerk of the circuit court shall 938
report such fact to the department upon forms prescribed and 939
furnished by the department. 940
Section 10. Section 382.023, Florida Statutes, is amended 941
to read: 942
382.023 Department to receive dissolution -of-marriage 943
records; fees.—Clerks of the circuit courts shall collect for 944
their services at the time of the filing of a final judgment of 945
dissolution of marriage a fee of up to $10.50, of which 43 946
percent shall be retained by the clerk of the circuit court as a 947
part of the cost in the cause in which the judgment is granted. 948
The remaining 57 percent shall be remitted to the Department of 949
Revenue for deposit to the Department of Health to defray part 950
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of the cost of maintaining the dissolution -of-marriage records. 951
A record of each and every judgment of dissolution of marriage 952
granted by the court during the preceding calendar month, giving 953
names of parties and such other data as required by forms 954
prescribed by the department, shall be electronically 955
transmitted to the department weekly, on or before the 10th day 956
of each month, along with an accounting of the funds remitted to 957
the Department of Revenu e pursuant to this section. 958
Section 11. Subsections (1) and (4) of section 382.025, 959
Florida Statutes, are amended to read: 960
382.025 Certified copies of vital records; 961
confidentiality; research. — 962
(1) BIRTH RECORDS.—Except for birth records over 125 100 963
years old which are not under seal pursuant to court order, all 964
birth records of this state shall be confidential and are exempt 965
from the provisions of s. 119.07(1). 966
(a) Certified copies of the original birth certificate or 967
a new or amended certificat e, or affidavits thereof, are 968
confidential and exempt from the provisions of s. 119.07(1) and, 969
upon receipt of a request and payment of the fee prescribed in 970
s. 382.0255, shall be issued only as authorized by the 971
department and in the form prescribed by th e department, and 972
only: 973
1. To the registrant, if the registrant is of legal age, 974
is a certified homeless youth, or is a minor who has had the 975
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disabilities of nonage removed under s. 743.01 or s. 743.015; 976
2. To the registrant's parent or guardian or oth er legal 977
representative; 978
3. Upon receipt of the registrant's death certificate, to 979
the registrant's spouse or to the registrant's child, 980
grandchild, or sibling, if of legal age, or to the legal 981
representative of any of such person persons; 982
4. To any person if the birth record is more than 125 over 983
100 years old and not under seal pursuant to court order; 984
5. To a law enforcement agency for official purposes; 985
6. To any agency of the state or the United States for 986
official purposes upon ap proval of the department; or 987
7. Upon order of any court of competent jurisdiction. 988
(b) To protect the integrity of vital records and prevent 989
the fraudulent use of the birth certificates of deceased 990
persons, the department shall match birth and death ce rtificates 991
and post the fact of death to the appropriate birth certificate. 992
Except for a commemorative birth certificate, any certification 993
of a birth certificate of a deceased registrant shall be marked 994
"deceased." In the case of a commemorative birth cer tificate, 995
such indication of death shall be made on the back of the 996
certificate. 997
(c) The department shall issue, upon request and upon 998
payment of an additional fee as prescribed under s. 382.0255, a 999
commemorative birth certificate representing that the b irth of 1000
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the person named thereon is recorded in the office of the 1001
registrar. The certificate issued under this paragraph shall be 1002
in a form consistent with the need to protect the integrity of 1003
vital records but shall be suitable for display. It may bear th e 1004
seal of the state printed thereon and may be signed by the 1005
Governor. 1006
(4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES. —Only the 1007
state registrar, and local registrars, and those persons 1008
appointed by the department are authorized to issue any 1009
certificate which purports to be a certified copy of an original 1010
certificate of live birth, death, or fetal death. Except as 1011
provided in this section, preparing or issuing certificates is 1012
exempt from the provisions of s. 119.07(1). 1013
Section 12. Subsections (3), (4), and (5) of section 1014
401.27, Florida Statutes, are amended to read: 1015
401.27 Personnel; standards and certification. — 1016
(3) Any person who desires to be certified or recertified 1017
as an emergency medical technician or paramedic must apply to 1018
the department under oath on forms provided by the department 1019
which shall contain such information as the department 1020
reasonably requires, which may include affirmative evidence of 1021
ability to comply with applicable laws and rules. The department 1022
shall determine whether the a pplicant meets the requirements 1023
specified in this section and in rules of the department and 1024
shall issue a certificate to any person who meets such 1025
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requirements. 1026
(4) An applicant for certification or recertification as 1027
an emergency medical technician or paramedic must: 1028
(a) Have completed an appropriate training program as 1029
follows: 1030
1. For an emergency medical technician, an emergency 1031
medical technician training program approved by the department 1032
as equivalent to the most recent EMT -Basic National Stand ard 1033
Curriculum or the National EMS Education Standards of the United 1034
States Department of Transportation; 1035
2. For a paramedic, a paramedic training program approved 1036
by the department as equivalent to the most recent EMT -Paramedic 1037
National Standard Curricu lum or the National EMS Education 1038
Standards of the United States Department of Transportation; 1039
(b) Attest Certify under oath that he or she is not 1040
addicted to alcohol or any controlled substance; 1041
(c) Attest Certify under oath that he or she is free fro m 1042
any physical or mental defect or disease that might impair the 1043
applicant's ability to perform his or her duties; 1044
(d) Within 2 years after program completion have passed an 1045
examination developed or required by the department; 1046
(e)1. For an emergency me dical technician, hold a current 1047
American Heart Association cardiopulmonary resuscitation course 1048
card or an American Red Cross cardiopulmonary resuscitation 1049
course card or its equivalent as defined by department rule; 1050
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2. For a paramedic, hold a certifica te of successful 1051
course completion in advanced cardiac life support from the 1052
American Heart Association or its equivalent as defined by 1053
department rule; 1054
(f) Submit the certification fee and the nonrefundable 1055
examination fee prescribed in s. 401.34, which examination fee 1056
will be required for each examination administered to an 1057
applicant; and 1058
(g) Submit a completed application to the department, 1059
which application documents compliance with paragraphs (a), (b), 1060
(c), (e), (f), and this paragraph, and, if app licable, paragraph 1061
(d). The application must be submitted so as to be received by 1062
the department at least 30 calendar days before the next 1063
regularly scheduled examination for which the applicant desires 1064
to be scheduled. 1065
(5) The certification examination must be offered monthly. 1066
The department shall issue an examination admission notice to 1067
the applicant advising him or her of the time and place of the 1068
examination for which he or she is scheduled. Individuals 1069
achieving a passing score on the certification examination may 1070
be issued a temporary certificate with their examination grade 1071
report. The department must issue an original certification 1072
within 45 days after the examination. Examination questions and 1073
answers are not subject to discovery but may be introduced into 1074
evidence and considered only in camera in any administrative 1075
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proceeding under chapter 120. If an administrative hearing is 1076
held, the department shall provide challenged examination 1077
questions and answers to the a dministrative law judge. The 1078
department shall establish by rule the procedure by which an 1079
applicant, and the applicant's attorney, may review examination 1080
questions and answers in accordance with s. 119.071(1)(a). 1081
Section 13. Paragraph (a) of subsection (1) of section 1082
401.2701, Florida Statutes, is amended to read: 1083
401.2701 Emergency medical services training programs. — 1084
(1) Any private or public institution in Florida desiring 1085
to conduct an approved program for the education of emergency 1086
medical technicians and paramedics shall: 1087
(a) Submit a completed application on a form provided by 1088
the department, which must include: 1089
1. Evidence that the institution is in compliance with all 1090
applicable requirements of the Department of Education. 1091
2. Evidence of an affiliation agreement with a hospital 1092
that has an emergency department staffed by at least one 1093
physician and one registered nurse. 1094
3. Evidence of an affiliation agreement with a current 1095
emergency medical services provider that is licensed in this 1096
state. Such agreement shall include, at a minimum, a commitment 1097
by the provider to conduct the field experience portion of the 1098
education program. An applicant licensed as an advanced life 1099
support service under s. 401.25 with permitted transport 1100
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vehicles pursuant to s. 401.26 is exempt from the requirements 1101
of this subparagraph and need not submit evidence of an 1102
affiliation agreement with a cu rrent emergency medical services 1103
provider. 1104
4. Documentation verifying faculty, including: 1105
a. A medical director who is a licensed physician meeting 1106
the applicable requirements for emergency medical services 1107
medical directors as outlined in this chapter and rules of the 1108
department. The medical director shall have the duty and 1109
responsibility of certifying that graduates have successfully 1110
completed all phases of the education program and are proficient 1111
in basic or advanced life support techniques, as appli cable. 1112
b. A program director responsible for the operation, 1113
organization, periodic review, administration, development, and 1114
approval of the program. 1115
5. Documentation verifying that the curriculum: 1116
a. Meets the most recent Emergency Medical Technician -1117
Basic National Standard Curriculum or the National EMS Education 1118
Standards approved by the department for emergency medical 1119
technician programs and Emergency Medical Technician -Paramedic 1120
National Standard Curriculum or the National EMS Education 1121
Standards approved by the department for paramedic programs. 1122
b. Includes 2 hours of instruction on the trauma scorecard 1123
methodologies for assessment of adult trauma patients and 1124
pediatric trauma patients as specified by the department by 1125
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rule. 1126
6. Evidence of sufficient medical and educational 1127
equipment to meet emergency medical services training program 1128
needs. 1129
Section 14. Section 401.272, Florida Statutes, is amended 1130
to read: 1131
401.272 Emergency medical services community health care. — 1132
(1) The purpose of t his section is to encourage more 1133
effective utilization of the skills of emergency medical 1134
technicians and paramedics by enabling them to perform , in 1135
partnership with local county health departments, specific 1136
additional health care tasks that are consistent with the public 1137
health and welfare. 1138
(2) Notwithstanding any other provision of law to the 1139
contrary: 1140
(a) Paramedics or emergency medical technicians shall 1141
operate under the medical direction of a physician through two -1142
way voice communication or pursuan t to established standing 1143
orders or protocols and within the scope of their training when 1144
providing basic life support, advanced life support, and may 1145
perform health promotion and wellness activities and blood 1146
pressure screenings in a nonemergency environm ent, within the 1147
scope of their training, and under the direction of a medical 1148
director. As used in this paragraph, the term "health promotion 1149
and wellness" means the provision of public health programs 1150
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pertaining to the prevention of illness and injury. 1151
(b) Paramedics and emergency medical technicians shall 1152
operate under the medical direction of a physician through two -1153
way communication or pursuant to established standing orders or 1154
protocols and within the scope of their training when a patient 1155
is not transported to an emergency department or is transported 1156
to a facility other than a hospital as defined in s. 1157
395.002(12). 1158
(c) Paramedics may administer immunizations in a 1159
nonemergency environment, within the scope of their training, 1160
and under the medical direction of a physician through two -way 1161
communication or pursuant to established standing orders or 1162
protocols medical director. There must be a written agreement 1163
between the physician providing medical direction paramedic's 1164
medical director and the department or the county health 1165
department located in each county in which the paramedic 1166
administers immunizations. This agreement must establish the 1167
protocols, policies, and procedures under which the paramedic 1168
must operate. 1169
(d)(c) Paramedics may provide basic life support services 1170
and advanced life support services to patients receiving acute 1171
and postacute hospital care at home as specified in the 1172
paramedic's supervisory relationship with a physician or 1173
standing orders as described in s. 401.265, s. 458.348, o r s. 1174
459.025. A physician who supervises or provides medical 1175
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direction to a paramedic who provides basic life support 1176
services or advanced life support services to patients receiving 1177
acute and postacute hospital care at home pursuant to a formal 1178
supervisory relationship or standing orders is liable for any 1179
act or omission of the paramedic acting under the physician's 1180
supervision or medical direction when providing such services. 1181
The department may adopt and enforce rules necessary to 1182
implement this paragrap h. 1183
(3) Each physician providing medical direction to medical 1184
director under whose direction a paramedic who administers 1185
immunizations must verify and document that the paramedic has 1186
received sufficient training and experience to administer 1187
immunizations. The verification must be documented on forms 1188
developed by the department, and the completed forms must be 1189
maintained at the service location of the licensee and made 1190
available to the department upon request. 1191
(4) The department may adopt and enforce all rules 1192
necessary to enforce the provisions relating to a paramedic's 1193
administration of immunizations and the performance of health 1194
promotion and wellness activities and blood pressure screenings 1195
by a paramedic or emergency medical technician in a nonemergen cy 1196
environment. 1197
Section 15. Subsections (5), (6), and (7) of section 1198
401.34, Florida Statutes, are amended to read: 1199
401.34 Fees.— 1200
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(5) The department may provide same -day grading of the 1201
examination for an applicant for emergency medical technician o r 1202
paramedic certification. 1203
(6) The department may offer walk -in eligibility 1204
determination and examination to applicants for emergency 1205
medical technician or paramedic certification who pay to the 1206
department a nonrefundable fee to be set by the department not 1207
to exceed $65. The fee is in addition to the certification fee 1208
and examination fee. The department must establish locations and 1209
times for eligibility determination and examination. 1210
(7) The cost of emergency medical technician or paramedic 1211
certification examination review may not exceed $50. 1212
Section 16. Section 401.435, Florida Statutes, is amended 1213
to read: 1214
401.435 Emergency medical First responder agencies and 1215
training.— 1216
(1) The department must adopt by rule the United States 1217
Department of Transportation National Emergency Medical Services 1218
Education Standards for the Emergency Medical Services: First 1219
Responder level Training Course as the minimum standard for 1220
emergency medical first responder training. In addition, the 1221
department must adopt rul es establishing minimum emergency 1222
medical first responder instructor qualifications. For purposes 1223
of this section, an emergency medical a first responder includes 1224
any individual who receives training to render initial care to 1225
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an ill or injured person, othe r than an individual trained and 1226
certified pursuant to s. 943.1395(1), but who does not have the 1227
primary responsibility of treating and transporting ill or 1228
injured persons. 1229
(2) Each emergency medical first responder agency must 1230
take all reasonable effort s to enter into a memorandum of 1231
understanding with the emergency medical services licensee 1232
within whose territory the agency operates in order to 1233
coordinate emergency services at an emergency scene. The 1234
department must provide a model memorandum of underst anding for 1235
this purpose. The memorandum of understanding should include 1236
dispatch protocols, the roles and responsibilities of emergency 1237
medical first responder personnel at an emergency scene, and the 1238
documentation required for patient care rendered. For p urposes 1239
of this section, the term " emergency medical first responder 1240
agency" includes a law enforcement agency, a fire service agency 1241
not licensed under this part, a lifeguard agency, and a 1242
volunteer organization that renders, as part of its routine 1243
functions, on-scene patient care before emergency medical 1244
technicians or paramedics arrive. 1245
Section 17. Paragraph (a) of subsection (1) of section 1246
464.203, Florida Statutes, is amended to read: 1247
464.203 Certified nursing assistants; certification 1248
requirement.— 1249
(1) The board shall issue a certificate to practice as a 1250
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certified nursing assistant to any person who demonstrates a 1251
minimum competency to read and write and successfully passes the 1252
required background screening pursuant to s. 400.215. If the 1253
person has successfully passed the required background screening 1254
pursuant to s. 400.215 or s. 408.809 within 90 days before 1255
applying for a certificate to practice and the person's 1256
background screening results are not retained in the 1257
clearinghouse created under s. 435 .12, the board shall waive the 1258
requirement that the applicant successfully pass an additional 1259
background screening pursuant to s. 400.215. The person must 1260
also meet one of the following requirements: 1261
(a) Has successfully completed an approved training 1262
program and achieved a minimum score, established by rule of the 1263
board, on the nursing assistant competency examination, which 1264
consists of a written portion and skills -demonstration portion 1265
approved by the board and administered at a site and by 1266
personnel approved by the department. Any person who has 1267
successfully completed an approved training program within 6 1268
months before filing an application for certification is not 1269
required to take the skills -demonstration portion of the 1270
competency examination. 1271
Section 18. Section 468.1225, Florida Statutes, is amended 1272
to read: 1273
468.1225 Procedures, equipment, and protocols. — 1274
(1) The following minimal procedures shall be used when a 1275
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licensed audiologist fits and sells a prescription hearing aid: 1276
(a) Pure tone audiometric testing by air and bone to 1277
determine the type and degree of hearing deficiency when 1278
indicated. 1279
(b) Effective masking when indicated. 1280
(c) Appropriate testing to determine speech reception 1281
thresholds, speech discrimination scores, the most comf ortable 1282
listening levels, uncomfortable loudness levels, and the 1283
selection of the best fitting arrangement for maximum hearing 1284
aid benefit when indicated. 1285
(2) The following equipment shall be used: 1286
(a) A wide range audiometer that which meets the 1287
specifications of the American National Standards Institute for 1288
diagnostic audiometers when indicated. 1289
(b) A speech audiometer or a master hearing aid in order 1290
to determine the most comfortable listening level and speech 1291
discrimination when indicated. 1292
(3) A final fitting ensuring physical and operational 1293
comfort of the prescription hearing aid shall be made when 1294
indicated. 1295
(4) A licensed audiologist who fits and sells prescription 1296
hearing aids shall obtain the following medical clearance: If, 1297
upon inspection of the ear canal with an otoscope in the common 1298
procedure of fitting a prescription hearing aid and upon 1299
interrogation of the client, there is any recent history of 1300
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infection or any observable anomaly, the client shall be 1301
instructed to see a physician, and a prescription hearing aid 1302
may shall not be fitted until medical clearance is obtained for 1303
the condition noted. If, upon return, the condition noted is no 1304
longer observable and the client signs a medical waiver, a 1305
prescription hearing aid may be fitted . Any person with a 1306
significant difference between bone conduction hearing and air 1307
conduction hearing must be informed of the possibility of 1308
medical or surgical correction. 1309
(5)(a) A licensed audiologist's office must have 1310
available, or have access to, a selection of prescription 1311
hearing aid models, hearing aid supplies, and services complete 1312
enough to accommodate the various needs of the hearing aid 1313
wearers. 1314
(b) At the time of the initial examination for fitting and 1315
sale of a prescription hearing aid, the attending audiologist 1316
must notify the prospective purchaser of the benefits of 1317
telecoil, also known as "t" coil or "t" switch, technology, 1318
including increased access to telephones and noninvasive access 1319
to assistive listening systems required under the Americans with 1320
Disabilities Act of 1990. 1321
(6) Unless otherwise indicated, each audiometric test 1322
conducted by a licensee or a certified audiology assistant in 1323
the fitting and selling of prescription hearing aids must shall 1324
be made in a testing room that ha s been certified by the 1325
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department, or by an agent approved by the department, not to 1326
exceed the following sound pressure levels at the specified 1327
frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1328
1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, 1329
and 8000Hz-67dB. An exception to this requirement shall be made 1330
in the case of a client who, after being provided written notice 1331
of the benefits and advantages of having the test conducted in a 1332
certified testing room, requests that the tes t be conducted in a 1333
place other than the licensee's certified testing room. Such 1334
request must shall be documented by a waiver that which includes 1335
the written notice and is signed by the licensee and the client 1336
before prior to the testing. The waiver must shall be executed 1337
on a form provided by the department. The executed waiver must 1338
shall be attached to the client's copy of the contract, and a 1339
copy of the executed waiver must shall be retained in the 1340
licensee's file. 1341
(7) The board may shall have the power to prescribe the 1342
minimum procedures and equipment used in the conducting of 1343
hearing assessments and for the fitting and selling of 1344
prescription hearing aids. The board shall adopt and enforce 1345
rules necessary to implement carry out the provisions of this 1346
subsection and subsection (6). 1347
(8) Any duly authorized officer or employee of the 1348
department may shall have the right to make such inspections and 1349
investigations as are necessary in order to determine the state 1350
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of compliance with the provisions of this section and the 1351
applicable rules and may enter the premises of a licensee and 1352
inspect the records of same upon reasonable belief that a 1353
violation of this law is being or has been committed or that the 1354
licensee has failed or is failing to comply with the provisions 1355
of this part. 1356
Section 19. Section 468.1245, Florida Statutes, is amended 1357
to read: 1358
468.1245 Itemized listing of prices; delivery of 1359
prescription hearing aid; receipt; guarantee; packaging; 1360
disclaimer.— 1361
(1) Before Prior to delivery of services or products to a 1362
prospective purchaser, a licensee must shall disclose, upon 1363
request by the prospective purchaser, an itemized listing of 1364
prices, which must listing shall include separate price 1365
estimates for each service component and each product. Provision 1366
of such itemized listing of prices may shall not be predicated 1367
on the prospective purchaser's payment of any charge or 1368
agreement to purchase any service or product. 1369
(2) Any licensee who fits and sells a prescription hearing 1370
aid shall, at the time of delivery, provide the purchaser with a 1371
receipt containing the seller's signature, the address of his or 1372
her regular place of business, and his or her license or 1373
certification number, if applicable, together with the brand, 1374
model, manufacturer or manufacturer's identification code, and 1375
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serial number of the prescription hearing aid furnished and the 1376
amount charged for the prescription hearing aid. The receipt 1377
must also shall specify whether the prescription hearing aid is 1378
new, used, or rebuilt, and shall specify the length of time and 1379
other terms of the guarantee , and by whom the prescription 1380
hearing aid is guaranteed. When the client has requested an 1381
itemized list of prices, the receipt must shall also provide an 1382
itemization of the total purchase price, including, but not 1383
limited to, the cost of the aid, ear mold, batteries, and other 1384
accessories, and the cost of any services. Notice of the 1385
availability of this service must be displayed in a conspicuous 1386
manner in the office. The receipt must also shall state that any 1387
complaint concerning the prescription hearing aid and its 1388
guarantee, if not reconciled with the licensee from whom the 1389
prescription hearing aid was purchased, should be directed by 1390
the purchaser to the department. The address a nd telephone 1391
number of such office must shall be stated on the receipt. 1392
(3) A prescription No hearing aid may not be sold to any 1393
person unless both the packaging containing the prescription 1394
hearing aid and the contract provided pursuant to subsection (2) 1395
carry the following disclaimer in 10 -point or larger type: "A 1396
hearing aid will not restore normal hearing, nor will it prevent 1397
further hearing loss." 1398
Section 20. Section 468.1246, Florida Statutes, is amended 1399
to read: 1400
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468.1246 Thirty-day trial period; purchaser's right to 1401
cancel; notice; refund; cancellation fee. — 1402
(1) A person selling a prescription hearing aid in this 1403
state must provide the buyer with written notice of a 30 -day 1404
trial period and money -back guarantee. The guarantee must permit 1405
the purchaser to cancel the purchase for a valid reason as 1406
defined by rule of the board within 30 days after receiving the 1407
prescription hearing aid, by returning the prescription hearing 1408
aid or mailing written notice of cancellation to the seller. If 1409
the prescription hearing aid must be repaired, remade, or 1410
adjusted during the 30 -day trial period, the running of the 30 -1411
day trial period is suspended 1 day for each 24 -hour period that 1412
the prescription hearing aid is not in the purchaser's 1413
possession. A repaired, r emade, or adjusted prescription hearing 1414
aid must be claimed by the purchaser within 3 working days after 1415
notification of availability. The running of the 30 -day trial 1416
period resumes on the day the purchaser reclaims a repaired, 1417
remade, or adjusted prescription hearing aid or on the 4th day 1418
after notification of availability. 1419
(2) The board, in consultation with the Board of Hearing 1420
Aid Specialists, shall prescribe by rule the terms and 1421
conditions to be contained in the money -back guarantee and any 1422
exceptions thereto. Such rule must shall provide, at a minimum, 1423
that the charges for earmolds and service provided to fit the 1424
prescription hearing aid may be retained by the licensee. The 1425
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rules must shall also set forth any reasonable charges to be 1426
held by the licensee as a cancellation fee. Such rule shall be 1427
effective on or before December 1, 1994. Should the board fail 1428
to adopt such rule, a licensee may not charge a cancellation fee 1429
which exceeds 5 percent of the total charge for a hearing aid 1430
alone. The terms and conditions of the guarantee, including the 1431
total amount available for refund, must shall be provided in 1432
writing to the purchaser before prior to the signing of the 1433
contract. 1434
Section 21. Section 468.1255, Florida Statutes, is amended 1435
to read: 1436
468.1255 Cancellation by medical authorization; 1437
purchaser's right to return. — 1438
(1) In addition to any other rights and remedies the 1439
purchaser of a prescription hearing aid may have, the purchaser 1440
has shall have the right to rescind the transaction if the 1441
purchaser for whatever reason consults a licensed physician with 1442
specialty board certification in otolaryngology or internal 1443
medicine or a licensed family practice physician, subsequent to 1444
purchasing a prescription hearing aid, and the physician 1445
certifies in writing that the purchaser has a hearing impairment 1446
for which a prescription hearing aid will not provide a benefit 1447
or that the purchaser has a medical condition which 1448
contraindicates the use of a prescription hearing aid. 1449
(2) The purchaser of a prescription hearing aid has shall 1450
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have the right to rescind as provided in subsection (1) only if 1451
the purchaser gives a written notice of the intent to rescind 1452
the transaction to the seller at the seller's place of business 1453
by certified mail, return receipt requested, which notice shall 1454
be posted not later than 60 days following the date of delivery 1455
of the prescription hearing aid to the purchaser, and the 1456
purchaser returns the prescription hearing aid to the seller in 1457
the original condition less normal wear and tear. 1458
(3) If the conditions of subsections (1) and (2) are met, 1459
the seller must shall, without request, refund to the purchaser, 1460
within 10 days after of the receipt of notice to rescind, a full 1461
and complete refund of all moneys received, less 5 percent. The 1462
purchaser does not shall incur any no additional liability for 1463
rescinding the transaction. 1464
Section 22. Section 468.1265, Florida Statutes, is amended 1465
to read: 1466
468.1265 Sale or distribution of prescription hearing aids 1467
through mail; penalty. —It is unlawful for any person to sell or 1468
distribute prescription hearing aids through the mail to the 1469
ultimate consumer. Any person who violates this section commits 1470
a misdemeanor of the second degree, punishable a s provided in s. 1471
775.082 or s. 775.083. 1472
Section 23. Section 468.1275, Florida Statutes, is amended 1473
to read: 1474
468.1275 Place of business; display of license. —Each 1475
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licensee who fits and sells a prescription hearing aid shall 1476
declare and establish a regu lar place of business, at which his 1477
or her license shall be conspicuously displayed. 1478
Section 24. Section 484.0401, Florida Statutes, is amended 1479
to read: 1480
484.0401 Purpose.—The Legislature recognizes that the 1481
dispensing of prescription hearing aids requires particularized 1482
knowledge and skill to ensure that the interests of the hearing -1483
impaired public will be adequately served and safely protected. 1484
It recognizes that a poorly selected or fitted prescription 1485
hearing aid not only will give little satisfact ion but may 1486
interfere with hearing ability and, therefore, deems it 1487
necessary in the interest of the public health, safety, and 1488
welfare to regulate the dispensing of prescription hearing aids 1489
in this state. Restrictions on the fitting and selling of 1490
prescription hearing aids shall be imposed only to the extent 1491
necessary to protect the public from physical and economic harm, 1492
and restrictions shall not be imposed in a manner which will 1493
unreasonably affect the competitive market. 1494
Section 25. Section 484.04 1, Florida Statutes, is 1495
reordered and amended to read: 1496
484.041 Definitions. —As used in this part, the term: 1497
(1) "Board" means the Board of Hearing Aid Specialists. 1498
(2) "Department" means the Department of Health. 1499
(3) "Dispensing prescription hearing aids" means and 1500
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includes: 1501
(a) Conducting and interpreting hearing tests for purposes 1502
of selecting suitable prescription hearing aids, making earmolds 1503
or ear impressions, and providing appropriate counseling. 1504
(b) All acts pertaining to the selling, re nting, leasing, 1505
pricing, delivery, and warranty of prescription hearing aids. 1506
(6)(4) "Hearing aid specialist" means a person duly 1507
licensed in this state to practice the dispensing of 1508
prescription hearing aids. 1509
(4)(5) "Hearing aid" means any wearable an amplifying 1510
device designed for, offered for the purpose of, or represented 1511
as aiding persons with, or compensating for, impaired hearing to 1512
be worn by a hearing -impaired person to improve hearing . 1513
(10)(6) "Trainee" means a person studying prescription 1514
hearing aid dispensing under the direct supervision of an active 1515
licensed hearing aid specialist for the purpose of qualifying 1516
for certification to sit for the licensure examination. 1517
(5)(7) "Hearing aid establishment" means any establishment 1518
in this the state which employs a licensed hearing aid 1519
specialist who offers, advertises, and performs hearing aid 1520
services for the general public. 1521
(7) "Over-the-counter hearing aid" means an air -conduction 1522
hearing aid that does not require implantation or other su rgical 1523
intervention and is intended for use by a person 18 years of age 1524
or older to compensate for perceived mild to moderate hearing 1525
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impairment. 1526
(8) "Prescription hearing aid" means a hearing aid that 1527
satisfies the requirements of this part and is not a n over-the-1528
counter hearing aid. 1529
(9)(8) "Sponsor" means an active, licensed hearing aid 1530
specialist under whose direct supervision one or more trainees 1531
are studying prescription hearing aid dispensing for the purpose 1532
of qualifying for certification to sit for the licensure 1533
examination. 1534
Section 26. Subsection (2) of section 484.042, Florida 1535
Statutes, is amended to read: 1536
484.042 Board of Hearing Aid Specialists; membership, 1537
appointment, terms.— 1538
(2) Five members of the board shall be hearing aid 1539
specialists who have been licensed and practicing the dispensing 1540
of prescription hearing aids in this state for at least the 1541
preceding 4 years. The remaining four members, none of whom 1542
shall derive economic benefit from the fitting or dispensing of 1543
hearing aids, shall be appointed from the resident lay public of 1544
this state. One of the lay members shall be a prescription 1545
hearing aid user but may not neither be nor have been a hearing 1546
aid specialist or a licensee of a closely related profession. 1547
One lay member shall be an individual age 65 or over. One lay 1548
member shall be an otolaryngologist licensed pursuant to chapter 1549
458 or chapter 459. 1550
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Section 27. Subsection (2) of section 484.044, Florida 1551
Statutes, is amended to read: 1552
484.044 Authority to make rules. — 1553
(2) The board shall adopt rules requiring that each 1554
prospective purchaser of a prescription hearing aid be notified 1555
by the attending hearing aid specialist, at the time of the 1556
initial examination for fitting and sale of a hearing aid, of 1557
telecoil, "t" coil, or "t" switch technology. The rules shall 1558
further require that hearing aid specialists make available to 1559
prospective purchasers or clients information regarding 1560
telecoils, "t" coils, or "t" switches. These rules shall be 1561
effective on or before October 1, 1994. 1562
Section 28. Subsection (2) of section 484.0445, Florida 1563
Statutes, is amended to read: 1564
484.0445 Training program. — 1565
(2) A trainee shall perform the functions of a hearing aid 1566
specialist in accordance with board rules only under the direct 1567
supervision of a licensed hearing aid specialist. The term 1568
"direct supervision" means that the sponsor is responsible for 1569
all work being performed by the trainee. The sponsor or a 1570
hearing aid specialist designated by the sponsor shall give 1571
final approval to work performed by the trainee and shall be 1572
physically present at the time the prescription hearing aid is 1573
delivered to the client. 1574
Section 29. Subsection (2) of section 484.045, Florida 1575
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Statutes, is amended to read: 1576
484.045 Licensure by examination. — 1577
(2) The department shall license each applicant who the 1578
board certifies meets all of the following criteria : 1579
(a) Has completed the application form and remitted the 1580
required fees.; 1581
(b) Is of good moral character .; 1582
(c) Is 18 years of age or older .; 1583
(d) Is a graduate of an accredited high school or its 1584
equivalent.; 1585
(e)1. Has met the requirements of the training program; or 1586
2.a. Has a valid, current license as a hearing aid 1587
specialist or its equivalent from another state and has been 1588
actively practicing in such capacity for at least 12 months; or 1589
b. Is currently certified by the National Board for 1590
Certification in Hearin g Instrument Sciences and has been 1591
actively practicing for at least 12 months .; 1592
(f) Has passed an examination, as prescribed by board 1593
rule.; and 1594
(g) Has demonstrated, in a manner designated by rule of 1595
the board, knowledge of state laws and rules relati ng to the 1596
fitting and dispensing of prescription hearing aids. 1597
Section 30. Section 484.0501, Florida Statutes, is amended 1598
to read: 1599
484.0501 Minimal procedures and equipment. — 1600
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(1) The following minimal procedures shall be used in the 1601
fitting and selling of prescription hearing aids: 1602
(a) Pure tone audiometric testing by air and bone to 1603
determine the type and degree of hearing deficiency. 1604
(b) Effective masking when indicated. 1605
(c) Appropriate testing to determine speech reception 1606
thresholds, speech discrimination scores, the most comfortable 1607
listening levels, uncomfortable loudness levels, and the 1608
selection of the best fitting arrangement for maximum hearing 1609
aid benefit. 1610
(2) The following equipment shall be used: 1611
(a) A wide range audiometer that which meets the 1612
specifications of the American National Standards Institute for 1613
diagnostic audiometers. 1614
(b) A speech audiometer or a master hearing aid in order 1615
to determine the most comfortable listening level and speech 1616
discrimination. 1617
(3) A final fitting ensuring physical and operational 1618
comfort of the prescription hearing aid shall be made. 1619
(4) The following medical clearance shall be obtained: If, 1620
upon inspection of the ear canal with an otoscope in the common 1621
procedure of a prescription hearing aid fitter and upon 1622
interrogation of the client, there is any recent history of 1623
infection or any observable anomaly, the client must shall be 1624
instructed to see a physician, and a prescription hearing aid 1625
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may shall not be fitted until medical clearance is obtained for 1626
the condition noted. If, upon return, the condition noted is no 1627
longer observable and the client signs a medical waiver, a 1628
prescription hearing aid may be fitted. Any person with a 1629
significant difference between bone conduction hearing and ai r 1630
conduction hearing must be informed of the possibility of 1631
medical correction. 1632
(5)(a) A prescription hearing aid establishment office 1633
must have available, or have access to, a selection of 1634
prescription hearing aid models, hearing aid supplies, and 1635
services complete enough to accommodate the various needs of the 1636
prescription hearing aid wearers. 1637
(b) At the time of the initial examination for fitting and 1638
sale of a prescription hearing aid, the attending hearing aid 1639
specialist shall must notify the prospective purchaser or client 1640
of the benefits of telecoil, "t" coil, or "t" switch technology, 1641
including increased access to telephones and noninvasive access 1642
to assistive listening systems required under the Americans with 1643
Disabilities Act of 1990. 1644
(6) Each audiometric test conducted by a licensee or 1645
authorized trainee in the fitting and selling of prescription 1646
hearing aids must shall be made in a testing room that has been 1647
certified by the department, or b y an agent approved by the 1648
department, not to exceed the following sound pressure levels at 1649
the specified frequencies: 250Hz -40dB, 500Hz-40dB, 750Hz-40dB, 1650
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1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 1651
6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement 1652
shall be made in the case of a client who, after being provided 1653
written notice of the benefits and advantages of having the test 1654
conducted in a certified testing room, requests that the test be 1655
conducted in a place other than the licensee's certified testing 1656
room. Such request must shall be documented by a waiver which 1657
includes the written notice and is signed by the licensee and 1658
the client before prior to the testing. The waiver must shall be 1659
executed on a form provided by the de partment. The executed 1660
waiver must shall be attached to the client's copy of the 1661
contract, and a copy of the executed waiver must shall be 1662
retained in the licensee's file. 1663
(7) The board may shall have the power to prescribe the 1664
minimum procedures and equipment which must shall be used in the 1665
conducting of hearing assessments, and for the fitting and 1666
selling of prescription hearing aids, including equipment that 1667
will measure the prescription hearing aid's response c urves to 1668
ensure that they meet the manufacturer's specifications. These 1669
procedures and equipment may differ from those provided in this 1670
section in order to take full advantage of devices and equipment 1671
which may hereafter become available and which are demo nstrated 1672
to be of greater efficiency and accuracy. The board shall adopt 1673
and enforce rules necessary to implement carry out the 1674
provisions of this subsection and subsection (6). 1675
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(8) Any duly authorized officer or employee of the 1676
department may shall have the right to make such inspections and 1677
investigations as are necessary in order to determine the state 1678
of compliance with the provisions of this section and the 1679
applicable rules and may enter the premises of a licensee and 1680
inspect the records of same upon reasonable belief that a 1681
violation of this law is being or has been committed or that the 1682
licensee has failed or is failing to comply with the provisions 1683
of this part act. 1684
(9) A licensed hearing aid specialist may service, market, 1685
sell, dispense, provid e customer support for, and distribute 1686
prescription and over -the-counter hearing aids. 1687
Section 31. Section 484.051, Florida Statutes, is amended 1688
to read: 1689
484.051 Itemization of prices; delivery of prescription 1690
hearing aid; receipt, packaging, disclai mer, guarantee.— 1691
(1) Before Prior to delivery of services or products to a 1692
prospective purchaser, any person who fits and sells 1693
prescription hearing aids must shall disclose on request by the 1694
prospective purchaser an itemized listing of prices, which must 1695
listing shall include separate price estimates for each service 1696
component and each product. Provision of such itemized listing 1697
of prices may shall not be predicated on the prospective 1698
purchaser's payment of any charge or agreement to purchase any 1699
service or product. 1700
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(2) Any person who fits and sells a prescription hearing 1701
aid must shall, at the time of delivery, provide the purchaser 1702
with a receipt containing the seller's signature, the address of 1703
her or his regular place of business, and her or his license or 1704
trainee registration number, if applicable, together with the 1705
brand, model, manufacturer or manufacturer's identification 1706
code, and serial number of the prescription hearing aid 1707
furnished and the amount charged for the prescription hearing 1708
aid. The receipt must also shall specify whether the 1709
prescription hearing aid is new, used, or rebuilt , and shall 1710
specify the length of time and other terms of the guarantee , and 1711
by whom the prescription hearing aid is guaranteed. If When the 1712
client has requested an itemized list of prices, the receipt 1713
must shall also provide an itemization of the total purchase 1714
price, including, but not limited to, the cost of the aid, 1715
earmold, batteries and other accessories, and any services. 1716
Notice of the availability of thi s service shall be displayed in 1717
a conspicuous manner in the office. The receipt must also shall 1718
state that any complaint concerning the prescription hearing aid 1719
and guarantee therefor, if not reconciled with the licensee from 1720
whom the prescription hearing aid was purchased, should be 1721
directed by the purchaser to the Department of Health. The 1722
address and telephone number of such office must shall be stated 1723
on the receipt. 1724
(3) A prescription No hearing aid may not be sold to any 1725
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person unless both the packa ging containing the prescription 1726
hearing aid and the itemized receipt provided pursuant to 1727
subsection (2) carry the following disclaimer in 10 -point or 1728
larger type: "A hearing aid will not restore normal hearing, nor 1729
will it prevent further hearing loss." 1730
Section 32. Section 484.0512, Florida Statutes, is amended 1731
to read: 1732
484.0512 Thirty-day trial period; purchaser's right to 1733
cancel; notice; refund; cancellation fee; criminal penalty. — 1734
(1) A person selling a prescription hearing aid in this 1735
state must provide the buyer with written notice of a 30 -day 1736
trial period and money -back guarantee. The guarantee must permit 1737
the purchaser to cancel the purchase for a valid reason , as 1738
defined by rule of the board rule, within 30 days after 1739
receiving the prescription hearing aid, by returning the 1740
prescription hearing aid or mailing written notice of 1741
cancellation to the seller. If the prescription hearing aid must 1742
be repaired, remade, or adjusted during the 30 -day trial period, 1743
the running of the 30 -day trial period is suspended 1 day for 1744
each 24-hour period that the prescription hearing aid is not in 1745
the purchaser's possession. A repaired, remade, or adjusted 1746
prescription hearing aid must be claimed by the purchaser within 1747
3 working days after notification of avail ability. The running 1748
of the 30-day trial period resumes on the day the purchaser 1749
reclaims the repaired, remade, or adjusted prescription hearing 1750
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aid or on the fourth day after notification of availability , 1751
whichever occurs earlier . 1752
(2) The board, in cons ultation with the Board of Speech -1753
Language Pathology and Audiology, shall prescribe by rule the 1754
terms and conditions to be contained in the money -back guarantee 1755
and any exceptions thereto. Such rules must rule shall provide, 1756
at a minimum, that the charges for earmolds and service provided 1757
to fit the prescription hearing aid may be retained by the 1758
licensee. The rules must shall also set forth any reasonable 1759
charges to be held by the licensee as a cancellation fee. Such 1760
rule shall be effective on or before December 1, 1994. Should 1761
the board fail to adopt such rule, a licensee may not charge a 1762
cancellation fee which exceeds 5 percent of the total charge for 1763
a hearing aid alone. The terms and conditions of the guarantee, 1764
including the total amount available fo r refund, must shall be 1765
provided in writing to the purchaser before prior to the signing 1766
of the contract. 1767
(3) Within 30 days after the return or attempted return of 1768
the prescription hearing aid, the seller shall refund all moneys 1769
that must be refunded to a purchaser pursuant to this section. A 1770
violation of this subsection is a misdemeanor of the first 1771
degree, punishable as provided in s. 775.082 or s. 775.083. 1772
(4) For purposes of this section, the term "seller" or 1773
"person selling a prescription hearing aid" includes: 1774
(a) Any natural person licensed under this part or any 1775
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other natural person who signs a sales receipt required by s. 1776
484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or 1777
dispenses a prescription hearing aid. 1778
(b) Any business organization, whether a sole 1779
proprietorship, partnership, corporation, professional 1780
association, joint venture, business trust, or other legal 1781
entity, that which dispenses a prescription hearing aid or 1782
enters into an agreement to dispense a prescription hearing aid. 1783
(c) Any person who controls, manages, or operates an 1784
establishment or business that dispenses a prescription hearing 1785
aid or enters into an agreement to dispense a prescription 1786
hearing aid. 1787
Section 33. Section 484.0513, Florida Statutes, is amended 1788
to read: 1789
484.0513 Cancellation by medical authorization; 1790
purchaser's right to return. — 1791
(1) In addition to any other rights and remedies the 1792
purchaser of a prescription hearing aid may have, the purchaser 1793
has shall have the right to rescind the transaction if the 1794
purchaser for whatever reason consults a licensed physician with 1795
specialty board certification in otolaryngology or internal 1796
medicine or a licensed family practice physician, subsequent to 1797
purchasing a prescription hearing aid, and the physician 1798
certifies in writing that the purchaser has a hearing impairment 1799
for which a prescription hearing aid will not provide a benefit 1800
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or that the purchaser has a medical condition which 1801
contraindicates the use of a prescription hearing aid. 1802
(2) The purchaser of a prescription hearing aid has shall 1803
have the right to rescind as provided in subsection (1) only if 1804
the purchaser gives a written notice of the intent to rescind 1805
the transaction to the seller at the seller's place of business 1806
by certified mail, return receipt requested, which must notice 1807
shall be posted within not later than 60 days after following 1808
the date of delivery of the prescription hearing aid to the 1809
purchaser, and the purchaser returns the prescription hearing 1810
aid to the seller in the original condition less normal wear and 1811
tear. 1812
(3) If the conditions of subsections (1) and (2) are met, 1813
the seller must shall, without request, refund to the purchaser, 1814
within 10 days after of the receipt of the notice to rescind, a 1815
full and complete ref und of all moneys received, less 5 percent. 1816
The purchaser does not shall incur any no additional liability 1817
for rescinding the transaction. 1818
Section 34. Section 484.053, Florida Statutes, is amended 1819
to read: 1820
484.053 Prohibitions; penalties. — 1821
(1) A person may not: 1822
(a) Practice dispensing prescription hearing aids unless 1823
the person is a licensed hearing aid specialist; 1824
(b) Use the name or title "hearing aid specialist" when 1825
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the person has not been licensed under this part; 1826
(c) Present as her or his own the license of another; 1827
(d) Give false, incomplete, or forged evidence to the 1828
board or a member thereof for the purposes of obtaining a 1829
license; 1830
(e) Use or attempt to use a hearing aid specialist license 1831
that is delinquent or has been suspended, revoked, or placed on 1832
inactive status; 1833
(f) Knowingly employ unlicensed persons in the practice of 1834
dispensing prescription hearing aids; or 1835
(g) Knowingly conceal information relative to violations 1836
of this part. 1837
(2) Any person who violates a ny provision of the 1838
provisions of this section is guilty of a felony of the third 1839
degree, punishable as provided in s. 775.082 or s. 775.083. 1840
(3) If a person licensed under this part allows the sale 1841
of a prescription hearing aid by an unlicensed person n ot 1842
registered as a trainee or fails to comply with the requirements 1843
of s. 484.0445(2) relating to supervision of trainees, the board 1844
must shall, upon determination of that violation, order the full 1845
refund of moneys paid by the purchaser upon return of the 1846
prescription hearing aid to the seller's place of business. 1847
Section 35. Section 484.054, Florida Statutes, is amended 1848
to read: 1849
484.054 Sale or distribution of prescription hearing aids 1850
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through mail; penalty. —It is unlawful for any person to sell or 1851
distribute prescription hearing aids through the mail to the 1852
ultimate consumer. Any violation of this section constitutes a 1853
misdemeanor of the second degree, punishable as provided in s. 1854
775.082 or s. 775.083. 1855
Section 36. Section 484.059, Florida Statut es, is amended 1856
to read: 1857
484.059 Exemptions. — 1858
(1) The licensure requirements of this part do not apply 1859
to any person engaged in recommending prescription hearing aids 1860
as part of the academic curriculum of an accredited institution 1861
of higher education, o r as part of a program conducted by a 1862
public charitable institution supported primarily by voluntary 1863
contribution, provided this organization does not dispense or 1864
sell prescription hearing aids or accessories. 1865
(2) The licensure requirements of this part do not apply 1866
to any person licensed to practice medicine in this the state, 1867
except that such physician must shall comply with the 1868
requirement of periodic filing of the certificate of testing and 1869
calibration of audiometric equipment as provided in this part . A 1870
No person employed by or working under the supervision of a 1871
person licensed to practice medicine may not shall perform any 1872
services or acts which would constitute the dispensing of 1873
prescription hearing aids as defined in s. 484.041 s. 1874
484.041(3), unless such person is a licensed hearing aid 1875
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specialist. 1876
(3) The licensure requirements of this part do not apply 1877
to an audiologist licensed under pursuant to part I of chapter 1878
468. 1879
(4) Section The provisions of s. 484.053(1)(a) does shall 1880
not apply to registered trainees operating in compliance with 1881
this part and board rules of the board. 1882
(5) The licensure requirements of this part do not apply 1883
to a person who services, markets, sells, dispenses, provides 1884
customer support for, or distributes exclusively o ver-the-1885
counter hearing aids, whether through in -person transactions, by 1886
mail, or online. For purposes of this subsection, over -the-1887
counter hearing aids are those that are available without the 1888
supervision, prescription, or other order, involvement, or 1889
intervention of a licensed person to consumers through in -person 1890
transactions, by mail, or online. These devices allow the user 1891
to control the device and customize it to the user's hearing 1892
needs through the use of tools, tests, or software, including, 1893
but not limited to, wireless technology or tests for self -1894
assessment of hearing loss. 1895
Section 37. The Division of Law Revision is directed to 1896
replace the phrase "the effective date of this act" wherever it 1897
occurs in this act with the date the act becomes a la w. 1898
Section 38. Except as otherwise expressly provided in this 1899
act and except for this section, which shall take effect upon 1900
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this act becoming a law, this act shall take effect July 1, 1901
2023. 1902