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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
1
An act relating to the Department of Health; creating 2
s. 381.875, F.S.; defining terms; prohibiting certain 3
research in this state relating to enhanced potential 4
pandemic pathogens; requiring researchers applying for 5
state or local funding to disclose certain 6
information; requiring the Department of Health to 7
enjoin violations of specified provisions; providing 8
construction; amending s. 381.986, F.S.; defining the 9
term "attractive to children"; prohibiting medical 10
marijuana treatment centers from producing marijuana 11
products that are attractive to children or 12
manufactured in specified manners; prohibiting 13
marijuana packaging and labeling from including 14
specified wording; prohibiting medical marijuana 15
treatment centers from using certain content in their 16
advertising which is attractive to children or 17
promotes the recreational use of marijuana; revising 18
background screening requirements for certain 19
individuals; amendin g 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 electroni cally 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 unavailabl e; 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 o f 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
reporting requirements and the frequenc y with which 40
circuit courts must transmit marriage licenses and 41
certain dissolution-of-marriage records to the 42
department; requiring that such records be transmitted 43
electronically; amending s. 382.025, F.S.; extending 44
the timeframe for the confidentiality of certain birth 45
records; authorizing persons appointed by the 46
department to issue certified copies of live birth, 47
death, and fetal death certificates; amending s. 48
401.27, F.S.; revising requirements for applicants for 49
certification or recertification as emergency medical 50
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technicians or paramedics; deleting a requirement that 51
a certain certification examination be offered 52
monthly; deleting related duties of the department; 53
deleting a temporary certificate and related 54
provisions; amending s. 401.2701, F.S.; exempting 55
certain emergency medical services training program 56
applicants from the requirement to have a certain 57
affiliation agreement; amending s. 401.272, F.S.; 58
revising the purpose of certain provisions; specifying 59
requirements for the provision of spec ified services 60
by paramedics and emergency medical technicians under 61
certain circumstances; revising the department's 62
rulemaking authority; amending s. 401.34, F.S.; 63
deleting certain provisions and fees related to the 64
department's grading of a certain cert ification 65
examination; amending s. 401.435, F.S.; revising 66
provisions related to minimum standards for emergency 67
medical responder training; amending s. 464.203, F.S.; 68
exempting certain applicants for certification as a 69
certified nursing assistant from the skills-70
demonstration portion of a certain competency 71
examination; amending ss. 468.1225 and 468.1245, F.S.; 72
revising the scope of practice for audiologists, as it 73
relates to hearing aids to apply to prescription 74
hearing aids only; amending s. 468.1246, F. S.; 75
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conforming provisions to changes made by the act; 76
deleting obsolete language; amending ss. 468.1255, 77
468.1265, and 468.1275, F.S.; conforming provisions to 78
changes made by the act; amending s. 484.0401, F.S.; 79
revising legislative findings and intent to conform to 80
changes made by the act; reordering and amending s. 81
484.041, F.S.; providing and revising definitions; 82
amending s. 484.042, F.S.; revising membership 83
requirements for members of the Board of Hearing Aid 84
Specialists; amending s. 484.044, F.S.; r evising the 85
board's rulemaking authority; deleting obsolete 86
language; amending ss. 484.0445, 484.045, 484.0501, 87
and 484.051, F.S.; revising the scope of practice for 88
hearing aid specialists and making conforming changes 89
to licensure and practice requiremen ts; amending s. 90
484.0512, F.S.; conforming provisions to changes made 91
by the act; deleting obsolete language; amending ss. 92
484.0513, 484.053, and 484.054, F.S.; conforming 93
provisions to changes made by the act; amending s. 94
484.059, F.S.; conforming provisi ons to changes made 95
by the act; providing applicability; providing a 96
directive to the Division of Law Revision; providing 97
effective dates. 98
99
Be It Enacted by the Legislature of the State of Florida: 100
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101
Section 1. Effective upon this act becoming law, section 102
381.875, Florida Statutes, is created to read: 103
381.875 Enhanced potential pandemic pathogen research 104
prohibited.— 105
(1) As used in this section, the term: 106
(a) "Enhanced potential pandemic pathogen" means a 107
potential pandemic pathogen that resul ts from enhancing the 108
transmissibility or virulence of a pathogen. The term does not 109
include naturally occurring pathogens circulating in or 110
recovered from nature, regardless of their pandemic potential. 111
(b) "Enhanced potential pandemic pathogen research " means 112
research that may be reasonably anticipated to create, transfer, 113
or use potential pandemic pathogens that result from enhancing a 114
pathogen's transmissibility or virulence in humans. 115
(c) "Potential pandemic pathogen" means a bacterium, 116
virus, or other microorganism that is likely to be both: 117
1. Highly transmissible and capable of wide, 118
uncontrollable spread in human populations; and 119
2. Highly virulent, making it likely to cause significant 120
morbidity or mortality in humans. 121
(2) Any research th at is reasonably likely to create an 122
enhanced potential pandemic pathogen or that has been determined 123
by the United States Department of Health and Human Services, 124
another federal agency, or a state agency as defined in s. 11.45 125
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to create such a pathogen i s prohibited in this state. 126
(3) Any researcher applying for state or local funding to 127
conduct research in this state must disclose in the application 128
to the funding source whether the research meets the definition 129
of enhanced potential pandemic pathogen research. 130
(4) The Department of Health shall exercise its authority 131
under s. 381.0012 to enjoin violations of this section. 132
(5) This section does not affect research funded or 133
conducted before the effective date of this act. 134
Section 2. Present paragraphs (a) through (o) of 135
subsection (1) of section 381.986, Florida Statutes, are 136
redesignated as paragraphs (b) through (p), respectively, a new 137
paragraph (a) is added to that subsection, and paragraphs (a) 138
and (c) of subsection ( 3), paragraphs (e) and (h) of subsection 139
(8), and subsection (9) of that section are amended, to read: 140
381.986 Medical use of marijuana. — 141
(1) DEFINITIONS.—As used in this section, the term: 142
(a) "Attractive to children" means the use of any image or 143
words designed or likely to appeal to persons younger than 18 144
years of age, including, but not limited to, cartoons, toys, 145
animals, food, or depictions of persons younger than 18 years of 146
age; any other likeness to images, characters, or phrases that 147
are popularly used to advertise to persons younger than 18 years 148
of age; or any reasonable likeness to commercially available 149
candy. 150
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(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. — 151
(a) Before being approved as a qualified physician , as 152
defined in paragraph (1)(m), and before each license renewal, a 153
physician must successfully complete a 2 -hour course and 154
subsequent examination offered by the Florida Medical 155
Association or the Florida Osteopathic Medical Association which 156
encompass the requirements of this se ction and any rules adopted 157
hereunder. The course and examination must shall be administered 158
at least annually and may be offered in a distance learning 159
format, including an electronic, online format that is available 160
upon request. The price of the course may not exceed $500. A 161
physician who has met the physician education requirements of 162
former s. 381.986(4), Florida Statutes 2016, before June 23, 163
2017, shall be deemed to be in compliance with this paragraph 164
from June 23, 2017, until 90 days after the cour se and 165
examination required by this paragraph become available. 166
(c) Before being employed as a medical director , as 167
defined in paragraph (1)(i), and before each license renewal, a 168
medical director must successfully complete a 2 -hour course and 169
subsequent examination offered by the Florida Medical 170
Association or the Florida Osteopathic Medical Association which 171
encompass the requirements of this section and any rules adopted 172
hereunder. The course and examination must shall be administered 173
at least annually and may be offered in a distance learning 174
format, including an electronic, online format that is available 175
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upon request. The price of the course may not exceed $500. 176
(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 177
(e) A licensed medical marijuana treatment center shall 178
cultivate, process, transport, and dispense marijuana for 179
medical use. A licensed medical marijuana treatment center may 180
not contract for services directly related to the cultivation, 181
processing, and dispensing of marijuana or marijuana delive ry 182
devices, except that a medical marijuana treatment center 183
licensed pursuant to subparagraph (a)1. may contract with a 184
single entity for the cultivation, processing, transporting, and 185
dispensing of marijuana and marijuana delivery devices. A 186
licensed medical marijuana treatment center must, at all times, 187
maintain compliance with the criteria demonstrated and 188
representations made in the initial application and the criteria 189
established in this subsection. Upon request, the department may 190
grant a medical marijuana treatment center a variance from the 191
representations made in the initial application. Consideration 192
of such a request shall be based upon the individual facts and 193
circumstances surrounding the request. A variance may not be 194
granted unless the reques ting medical marijuana treatment center 195
can demonstrate to the department that it has a proposed 196
alternative to the specific representation made in its 197
application which fulfills the same or a similar purpose as the 198
specific representation in a way that th e department can 199
reasonably determine will not be a lower standard than the 200
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specific representation in the application. A variance may not 201
be granted from the requirements in subparagraph 2. and 202
subparagraphs (b)1. and 2. 203
1. A licensed medical marijuana treatment center may 204
transfer ownership to an individual or entity who meets the 205
requirements of this section. A publicly traded corporation or 206
publicly traded company that meets the requirements of this 207
section is not precluded from ownership of a medical marijuana 208
treatment center. To accommodate a change in ownership: 209
a. The licensed medical marijuana treatment center shall 210
notify the department in writing at least 60 days before the 211
anticipated date of the change of ownership. 212
b. The individual or e ntity applying for initial licensure 213
due to a change of ownership must submit an application that 214
must be received by the department at least 60 days before the 215
date of change of ownership. 216
c. Upon receipt of an application for a license, the 217
department shall examine the application and, within 30 days 218
after receipt, notify the applicant in writing of any apparent 219
errors or omissions and request any additional information 220
required. 221
d. Requested information omitted from an application for 222
licensure must be filed with the department within 21 days after 223
the department's request for omitted information or the 224
application shall be deemed incomplete and shall be withdrawn 225
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from further consideration and the fees shall be forfeited. 226
e. Within 30 days after th e receipt of a complete 227
application, the department shall approve or deny the 228
application. 229
2. A medical marijuana treatment center, and any 230
individual or entity who directly or indirectly owns, controls, 231
or holds with power to vote 5 percent or more of t he voting 232
shares of a medical marijuana treatment center, may not acquire 233
direct or indirect ownership or control of any voting shares or 234
other form of ownership of any other medical marijuana treatment 235
center. 236
3. A medical marijuana treatment center may not enter into 237
any form of profit-sharing arrangement with the property owner 238
or lessor of any of its facilities where cultivation, 239
processing, storing, or dispensing of marijuana and marijuana 240
delivery devices occurs. 241
4. All employees of a medical mari juana treatment center 242
must be 21 years of age or older and have passed a background 243
screening pursuant to subsection (9). 244
5. Each medical marijuana treatment center must adopt and 245
enforce policies and procedures to ensure employees and 246
volunteers receive training on the legal requirements to 247
dispense marijuana to qualified patients. 248
6. When growing marijuana, a medical marijuana treatment 249
center: 250
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a. May use pesticides determined by the department, after 251
consultation with the Department of Agriculture and Consumer 252
Services, to be safely applied to plants intended for human 253
consumption, but may not use pesticides designated as 254
restricted-use pesticides pursuant to s. 487.042. 255
b. Must grow marijuana within an enclosed structure and in 256
a room separate from any other plant. 257
c. Must inspect seeds and growing plants for plant pests 258
that endanger or threaten the horticultural and agricultural 259
interests of the state in accordance with chapter 581 and any 260
rules adopted thereunder. 261
d. Must perform fumigatio n or treatment of plants, or 262
remove and destroy infested or infected plants, in accordance 263
with chapter 581 and any rules adopted thereunder. 264
7. Each medical marijuana treatment center must produce 265
and make available for purchase at least one low -THC cannabis 266
product. 267
8. A medical marijuana treatment center that produces 268
edibles must hold a permit to operate as a food establishment 269
pursuant to chapter 500, the Florida Food Safety Act, and must 270
comply with all the requirements for food establishments 271
pursuant to chapter 500 and any rules adopted thereunder. 272
Edibles may not contain more than 200 milligrams of 273
tetrahydrocannabinol, and a single serving portion of an edible 274
may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 275
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may have a potency vari ance of no greater than 15 percent. 276
Marijuana products, including edibles, may not be attractive to 277
children; be manufactured in the shape of humans, cartoons, or 278
animals; be manufactured in a form that bears any reasonable 279
resemblance to products availabl e for consumption as 280
commercially available candy; or contain any color additives. To 281
discourage consumption of edibles by children, the department 282
shall determine by rule any shapes, forms, and ingredients 283
allowed and prohibited for edibles. Medical marij uana treatment 284
centers may not begin processing or dispensing edibles until 285
after the effective date of the rule. The department shall also 286
adopt sanitation rules providing the standards and requirements 287
for the storage, display, or dispensing of edibles. 288
9. Within 12 months after licensure, a medical marijuana 289
treatment center must demonstrate to the department that all of 290
its processing facilities have passed a Food Safety Good 291
Manufacturing Practices, such as Global Food Safety Initiative 292
or equivalent, inspection by a nationally accredited certifying 293
body. A medical marijuana treatment center must immediately stop 294
processing at any facility which fails to pass this inspection 295
until it demonstrates to the department that such facility has 296
met this requirement. 297
10. A medical marijuana treatment center that produces 298
prerolled marijuana cigarettes may not use wrapping paper made 299
with tobacco or hemp. 300
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11. When processing marijuana, a medical marijuana 301
treatment center must: 302
a. Process the marijuana within an enclosed structure and 303
in a room separate from other plants or products. 304
b. Comply with department rules when processing marijuana 305
with hydrocarbon solvents or other solvents or gases exhibiting 306
potential toxicity to h umans. The department shall determine by 307
rule the requirements for medical marijuana treatment centers to 308
use such solvents or gases exhibiting potential toxicity to 309
humans. 310
c. Comply with federal and state laws and regulations and 311
department rules for s olid and liquid wastes. The department 312
shall determine by rule procedures for the storage, handling, 313
transportation, management, and disposal of solid and liquid 314
waste generated during marijuana production and processing. The 315
Department of Environmental Pr otection shall assist the 316
department in developing such rules. 317
d. Test the processed marijuana using a medical marijuana 318
testing laboratory before it is dispensed. Results must be 319
verified and signed by two medical marijuana treatment center 320
employees. Before dispensing, the medical marijuana treatment 321
center must determine that the test results indicate that low -322
THC cannabis meets the definition of low -THC cannabis, the 323
concentration of tetrahydrocannabinol meets the potency 324
requirements of this section, the labeling of the concentration 325
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of tetrahydrocannabinol and cannabidiol is accurate, and all 326
marijuana is safe for human consumption and free from 327
contaminants that are unsafe for human consumption. The 328
department shall determine by rule which contamina nts must be 329
tested for and the maximum levels of each contaminant which are 330
safe for human consumption. The Department of Agriculture and 331
Consumer Services shall assist the department in developing the 332
testing requirements for contaminants that are unsafe for human 333
consumption in edibles. The department shall also determine by 334
rule the procedures for the treatment of marijuana that fails to 335
meet the testing requirements of this section, s. 381.988, or 336
department rule. The department may select samples of ma rijuana 337
from a medical marijuana treatment center facility which shall 338
be tested by the department to determine whether the marijuana 339
meets the potency requirements of this section, is safe for 340
human consumption, and is accurately labeled with the 341
tetrahydrocannabinol and cannabidiol concentration or to verify 342
the result of marijuana testing conducted by a marijuana testing 343
laboratory. The department may also select samples of marijuana 344
delivery devices from a medical marijuana treatment center to 345
determine whether the marijuana delivery device is safe for use 346
by qualified patients. A medical marijuana treatment center may 347
not require payment from the department for the sample. A 348
medical marijuana treatment center must recall marijuana, 349
including all marijua na and marijuana products made from the 350
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same batch of marijuana, that fails to meet the potency 351
requirements of this section, that is unsafe for human 352
consumption, or for which the labeling of the 353
tetrahydrocannabinol and cannabidiol concentration is 354
inaccurate. The department shall adopt rules to establish 355
marijuana potency variations of no greater than 15 percent using 356
negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts 357
for, but is not limited to, time lapses between testing, testing 358
methods, testing instruments, and types of marijuana sampled for 359
testing. The department may not issue any recalls for product 360
potency as it relates to product labeling before issuing a rule 361
relating to potency variation standards. A medical marijuana 362
treatment center must also recall all marijuana delivery devices 363
determined to be unsafe for use by qualified patients. The 364
medical marijuana treatment center must retain records of all 365
testing and samples of each homogenous batch of marijuana for at 366
least 9 months. The medical marijuana treatment center must 367
contract with a marijuana testing laboratory to perform audits 368
on the medical marijuana treatment center's standard operating 369
procedures, testing records, and samples and provide the results 370
to the department to c onfirm that the marijuana or low -THC 371
cannabis meets the requirements of this section and that the 372
marijuana or low-THC cannabis is safe for human consumption. A 373
medical marijuana treatment center shall reserve two processed 374
samples from each batch and reta in such samples for at least 9 375
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months for the purpose of such audits. A medical marijuana 376
treatment center may use a laboratory that has not been 377
certified by the department under s. 381.988 until such time as 378
at least one laboratory holds the required cer tification, but in 379
no event later than July 1, 2018. 380
e. Package the marijuana in compliance with the United 381
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 382
1471 et seq. 383
f. Package the marijuana in a receptacle that has a firmly 384
affixed and legible label stating the following information: 385
(I) The marijuana or low -THC cannabis meets the 386
requirements of sub-subparagraph d. 387
(II) The name of the medical marijuana treatment center 388
from which the marijuana originates. 389
(III) The batch number and harvest number from which the 390
marijuana originates and the date dispensed. 391
(IV) The name of the physician who issued the physician 392
certification. 393
(V) The name of the patient. 394
(VI) The product name, if applicable, and dosage form, 395
including concentration of tetrahydrocannabinol and cannabidiol. 396
The product name may not contain wording commonly associated 397
with products that are attractive to children or which promote 398
the recreational use of marijuana marketed by or to children . 399
(VII) The recommended dose. 400
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(VIII) A warning that it is illegal to transfer medical 401
marijuana to another person. 402
(IX) A marijuana universal symbol developed by the 403
department. 404
12. The medical marijuana treatment center shall include 405
in each package a patient package i nsert with information on the 406
specific product dispensed related to: 407
a. Clinical pharmacology. 408
b. Indications and use. 409
c. Dosage and administration. 410
d. Dosage forms and strengths. 411
e. Contraindications. 412
f. Warnings and precautions. 413
g. Adverse reactions. 414
13. In addition to the packaging and labeling requirements 415
specified in subparagraphs 11. and 12., marijuana in a form for 416
smoking must be packaged in a sealed receptacle with a legible 417
and prominent warning to keep away from children and a wa rning 418
that states marijuana smoke contains carcinogens and may 419
negatively affect health. Such receptacles for marijuana in a 420
form for smoking must be plain, opaque, and white without 421
depictions of the product or images other than the medical 422
marijuana treatment center's department -approved logo and the 423
marijuana universal symbol. 424
14. The department shall adopt rules to regulate the 425
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types, appearance, and labeling of marijuana delivery devices 426
dispensed from a medical marijuana treatment center. The rules 427
must require marijuana delivery devices to have an appearance 428
consistent with medical use. 429
15. Each edible must shall be individually sealed in 430
plain, opaque wrapping marked only with the marijuana universal 431
symbol. Where practical, each edible must shall be marked with 432
the marijuana universal symbol. In addition to the packaging and 433
labeling requirements in subparagraphs 11. and 12., edible 434
receptacles must be plain, opaque, and white without depictions 435
of the product or images other than the medical mar ijuana 436
treatment center's department -approved logo and the marijuana 437
universal symbol. The receptacle must also include a list of all 438
the edible's ingredients, storage instructions, an expiration 439
date, a legible and prominent warning to keep away from chil dren 440
and pets, and a warning that the edible has not been produced or 441
inspected pursuant to federal food safety laws. 442
16. When dispensing marijuana or a marijuana delivery 443
device, a medical marijuana treatment center: 444
a. May dispense any active, valid order for low-THC 445
cannabis, medical cannabis and cannabis delivery devices issued 446
pursuant to former s. 381.986, Florida Statutes 2016, which was 447
entered into the medical marijuana use registry before July 1, 448
2017. 449
b. May not dispense more than a 70 -day supply of marijuana 450
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within any 70-day period to a qualified patient or caregiver. 451
May not dispense more than one 35 -day supply of marijuana in a 452
form for smoking within any 35 -day period to a qualified patient 453
or caregiver. A 35-day supply of marijuana in a form for smoking 454
may not exceed 2.5 ounces unless an exception to this amount is 455
approved by the department pursuant to paragraph (4)(f). 456
c. Must have the medical marijuana treatment center's 457
employee who dispenses the marijuana or a marijuana delivery 458
device enter into the medical marijuana use registry his or her 459
name or unique employee identifier. 460
d. Must verify that the qualified patient and the 461
caregiver, if applicable, each have an acti ve registration in 462
the medical marijuana use registry and an active and valid 463
medical marijuana use registry identification card, the amount 464
and type of marijuana dispensed matches the physician 465
certification in the medical marijuana use registry for that 466
qualified patient, and the physician certification has not 467
already been filled. 468
e. May not dispense marijuana to a qualified patient who 469
is younger than 18 years of age. If the qualified patient is 470
younger than 18 years of age, marijuana may only be disp ensed to 471
the qualified patient's caregiver. 472
f. May not dispense or sell any other type of cannabis, 473
alcohol, or illicit drug -related product, including pipes or 474
wrapping papers made with tobacco or hemp, other than a 475
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marijuana delivery device required fo r the medical use of 476
marijuana and which is specified in a physician certification. 477
g. Must, upon dispensing the marijuana or marijuana 478
delivery device, record in the registry the date, time, 479
quantity, and form of marijuana dispensed; the type of marijua na 480
delivery device dispensed; and the name and medical marijuana 481
use registry identification number of the qualified patient or 482
caregiver to whom the marijuana delivery device was dispensed. 483
h. Must ensure that patient records are not visible to 484
anyone other than the qualified patient, his or her caregiver, 485
and authorized medical marijuana treatment center employees. 486
(h) A medical marijuana treatment center may not engage in 487
advertising that is visible to members of the public from any 488
street, sidewalk, park, or other public place, except: 489
1. The dispensing location of a medical marijuana 490
treatment center may have a sign that is affixed to the outside 491
or hanging in the window of the premises which identifies the 492
dispensary by the licensee's business na me, a department-493
approved trade name, or a department -approved logo. A medical 494
marijuana treatment center's trade name and logo may not contain 495
wording or images that are attractive to children commonly 496
associated with marketing targeted toward children or which 497
promote recreational use of marijuana. 498
2. A medical marijuana treatment center may engage in 499
Internet advertising and marketing under the following 500
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conditions: 501
a. All advertisements must be approved by the department. 502
b. An advertisement may n ot have any content that is 503
attractive to children or which promotes the recreational use of 504
marijuana specifically targets individuals under the age of 18, 505
including cartoon characters or similar images . 506
c. An advertisement may not be an unsolicited pop -up 507
advertisement. 508
d. Opt-in marketing must include an easy and permanent 509
opt-out feature. 510
(9) BACKGROUND SCREENING. —An individual required to 511
undergo a background screening pursuant to this section must 512
pass a level 2 background screening as provided under chapter 513
435, which, in addition to the disqualifying offenses provided 514
in s. 435.04, shall exclude an individual who has an arrest 515
awaiting final disposition for, has been found guilty of, 516
regardless of adjudication, or has entered a plea of nolo 517
contendere or guilty to an offense under chapter 837, chapter 518
895, or chapter 896 or similar law of another jurisdiction. 519
Exemptions from disqualification as provided under s. 435.07 do 520
not apply to this subsection. 521
(a) Such individual must submit a full se t of fingerprints 522
to the department or to a vendor, entity, or agency authorized 523
by s. 943.053(13). The department, vendor, entity, or agency 524
shall forward the fingerprints to the Department of Law 525
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Enforcement for state processing, and the Department of La w 526
Enforcement shall forward the fingerprints to the Federal Bureau 527
of Investigation for national processing. 528
(b) Fees for state and federal fingerprint processing and 529
retention shall be borne by the medical marijuana treatment 530
center or caregiver, as app licable individual. The state cost 531
for fingerprint processing shall be as provided in s. 532
943.053(3)(e) for records provided to persons or entities other 533
than those specified as exceptions therein. 534
(c) Fingerprints submitted to the Department of Law 535
Enforcement pursuant to this subsection shall be retained by the 536
Department of Law Enforcement as provided in s. 943.05(2)(g) and 537
(h) and, when the Department of Law Enforcement begins 538
participation in the program, enrolled in the Federal Bureau of 539
Investigation's national retained print arrest notification 540
program. Any arrest record identified shall be reported to the 541
department. 542
Section 3. Paragraph (d) of subsection (1) of section 543
381.988, Florida Statutes, is amended to read: 544
381.988 Medical marij uana testing laboratories; marijuana 545
tests conducted by a certified laboratory. — 546
(1) A person or entity seeking to be a certified marijuana 547
testing laboratory must: 548
(d) Require all employees, owners, and managers to submit 549
to and pass a level 2 backgro und screening pursuant to chapter 550
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435. The department s. 435.04 and shall deny certification if 551
the person or entity seeking certification has a disqualifying 552
offense as provided in s. 435.04 or has an arrest awaiting final 553
disposition for, has been found guilty of, or has entered a plea 554
of guilty or nolo contendere to, regardless of adjudication, any 555
offense listed in chapter 837, chapter 895, or chapter 896 or 556
similar law of another jurisdiction. Exemptions from 557
disqualification as provided under s. 435.0 7 do not apply to 558
this paragraph. 559
1. Such employees, owners, and managers must submit a full 560
set of fingerprints to the department or to a vendor, entity, or 561
agency authorized by s. 943.053(13). The department, vendor, 562
entity, or agency shall forward the fingerprints to the 563
Department of Law Enforcement for state processing, and the 564
Department of Law Enforcement shall forward the fingerprints to 565
the Federal Bureau of Investigation for national processing. 566
2. Fees for state and federal fingerprint proces sing and 567
retention shall be borne by the certified marijuana testing 568
laboratory such owners or managers . The state cost for 569
fingerprint processing shall be as provided in s. 943.053(3)(e) 570
for records provided to persons or entities other than those 571
specified as exceptions therein. 572
3. Fingerprints submitted to the Department of Law 573
Enforcement pursuant to this paragraph shall be retained by the 574
Department of Law Enforcement as provided in s. 943.05(2)(g) and 575
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(h) and, when the Department of Law Enforcement begins 576
participation in the program, enrolled in the Federal Bureau of 577
Investigation's national retained print arrest notification 578
program. Any arrest record identified shall be reported to the 579
department. 580
Section 4. Section 382.005, Florida Statutes, is amended 581
to read: 582
382.005 Duties of local registrars. — 583
(1) Each local registrar is charged with the strict and 584
thorough enforcement of the provisions of this chapter and rules 585
adopted hereunder in his or her registration district, and shall 586
make an immediate report to the department of any violation or 587
apparent violation of this law or rules adopted hereunder. 588
(2) Each local registrar must electronically file all live 589
birth, death, and fetal death records within their respective 590
jurisdictions in the department's electronic registration 591
system. If the department's electronic registration system is 592
unavailable, the local registrar must file a paper record with 593
the department. 594
(3) Each local registrar must shall make available blank 595
forms available if the department's electronic registration 596
system is unavailable, as necessary and must shall examine each 597
paper certificate of live birth, death, or fetal death when 598
presented for registration in order to ascertain whether or not 599
it has been completed in a ccordance with the provisions of this 600
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chapter and adopted rules. All paper birth, death, and fetal 601
death certificates must shall be typewritten in permanent black 602
ink, and a paper certificate is not complete and correct if it 603
does not supply each item of i nformation called for or 604
satisfactorily account for its omission. 605
(4)(3) The local registrar or his or her deputy, if 606
authorized by the department, shall sign as registrar in 607
attestation of the date of registration of any paper records 608
filed, and may also make and preserve a local paper record of 609
each birth, death, and fetal death certificate registered by him 610
or her, in such manner as directed by the department. The local 611
registrar shall transmit daily to the department all original 612
paper certificates registered. If no births, deaths, or fetal 613
deaths occurred in any month, the local registrar or deputy 614
shall, on the 7th day of the following month, report that fact 615
to the department on a form provided for such purpose. 616
(5)(4) Each local registrar, immediately upon appointment, 617
shall designate one or more deputy registrars to act on behalf 618
of the local registrar. 619
Section 5. Subsection (2) of section 382.008, Florida 620
Statutes, is amended to read: 621
382.008 Death, fetal death, and nonviable b irth 622
registration.— 623
(2)(a) The funeral director who first assumes custody of a 624
dead body or fetus shall electronically file the certificate of 625
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death or fetal death. In the absence of the funeral director, 626
the physician, physician assistant, advanced prac tice registered 627
nurse registered under s. 464.0123, or other person in 628
attendance at or after the death or the district medical 629
examiner of the county in which the death occurred or the body 630
was found shall electronically file the certificate of death or 631
fetal death. The person who files the certificate shall obtain 632
personal data from a legally authorized person as described in 633
s. 497.005 or the best qualified person or source available. The 634
medical certification of cause of death must shall be furnished 635
to the funeral director, either in person or via certified mail 636
or electronic transfer, by the physician, physician assistant, 637
advanced practice registered nurse registered under s. 464.0123, 638
or medical examiner responsible for furnishing such information. 639
For fetal deaths, the physician, physician assistant, advanced 640
practice registered nurse registered under s. 464.0123, midwife, 641
or hospital administrator shall provide any medical or health 642
information to the funeral director within 72 hours after 643
expulsion or extraction. 644
(b) The State Registrar shall may receive electronically a 645
certificate of death, fetal death, or nonviable birth which is 646
required to be filed with the registrar under this chapter 647
through facsimile or other electronic transfer for the purpose 648
of filing the certificate. The receipt of a certificate of 649
death, fetal death, or nonviable birth by electronic transfer 650
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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
constitutes delivery to the State Registrar as required by law. 651
Section 6. Subsection (2) of section 382.009, Florida 652
Statutes, is amended to read: 653
382.009 Recognition of brain death under certain 654
circumstances.— 655
(2) Determination of death pursuant to this section must 656
shall be made in accordance with currently accepte d reasonable 657
medical standards. 658
(a) If the patient′s treating health care practitioner is 659
a physician licensed under chapter 458 or chapter 459, the 660
determination must be made by that physician and a second 661
physician two physicians licensed under chapter 458 or chapter 662
459 who is. One physician shall be the treating physician, and 663
the other physician shall be a board-eligible or board-certified 664
neurologist, neurosurgeon, internist, family medicine physician, 665
pediatrician, surgeon, or anesthesiologist. 666
(b) If the patient′s treating health care practitioner is 667
an autonomous advanced practice registered nurse registered 668
under s. 464.0123, the determination must be made by that 669
practitioner and two physicians licensed under chapter 458 or 670
chapter 459. Each physician must be a board -eligible or board-671
certified neurologist, neurosurgeon, internist, family medicine 672
physician, pediatrician, surgeon, or anesthesiologist. 673
Section 7. Section 382.013, Florida Statutes, is amended 674
to read: 675
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382.013 Birth registra tion.—A certificate for each live 676
birth that occurs in this state shall be filed within 5 days 677
after such birth in the department's electronic registration 678
system with the local registrar of the district in which the 679
birth occurred and shall be registered by the local registrar if 680
the certificate has been completed and filed in accordance with 681
this chapter and adopted rules. The information regarding 682
registered births shall be used for comparison with information 683
in the state case registry, as defined in ch apter 61. 684
(1) FILING.— 685
(a) If a birth occurs in a hospital, birth center, or 686
other health care facility, or en route thereto, the person in 687
charge of the facility is shall be responsible for preparing the 688
certificate, certifying the facts of the birth, and filing the 689
certificate in the department's electronic registration system 690
with the local registrar. Within 48 hours after the birth, the 691
physician, midwife, or person in attendance during or 692
immediately after the delivery shall provide the facility wi th 693
the medical information required by the birth certificate. 694
(b) If a birth occurs outside a facility and a physician 695
licensed in this state, a certified nurse midwife, a midwife 696
licensed in this state, or a public health nurse employed by the 697
department was in attendance during or immediately after the 698
delivery, that person shall prepare and file the certificate. 699
(c) If a birth occurs outside a facility and the delivery 700
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is not attended by one of the persons described in paragraph 701
(b), the person in at tendance, the mother, or the father shall 702
report the birth to the registrar and provide proof of the facts 703
of birth. The department may require such documents to be 704
presented and such proof to be filed as it deems necessary and 705
sufficient to establish the truth of the facts to be recorded by 706
the certificate and may withhold registering the birth until its 707
requirements are met. 708
(d) If a birth occurs in a moving conveyance and the child 709
is first removed from the conveyance in this state, the birth 710
shall be filed and registered in this state and the place to 711
which the child is first removed shall be considered the place 712
of birth. 713
(e) The mother or the father of the child shall attest to 714
the accuracy of the personal data entered on the certificate in 715
time to permit the timely registration of the certificate. 716
(f) If a certificate of live birth is incomplete, the 717
local registrar shall immediately notify the health care 718
facility or person filing the certificate and shall require the 719
completion of the missing i tems of information if they can be 720
obtained before prior to issuing certified copies of the birth 721
certificate. 722
(g) Regardless of any plan to place a child for adoption 723
after birth, the information on the birth certificate as 724
required by this section must be as to the child's birth parents 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
unless and until an application for a new birth record is made 726
under s. 63.152. 727
(h) The State Registrar may receive electronically a birth 728
certificate for each live birth which is required to be filed 729
with the registrar under this chapter through facsimile or other 730
electronic transfer for the purpose of filing the birth 731
certificate. The receipt of a birth certificate by electronic 732
transfer constitutes delivery to the State Registrar as required 733
by law. 734
(2) PATERNITY.— 735
(a) If the mother is married at the time of birth, the 736
name of the husband shall be entered on the birth certificate as 737
the father of the child, unless paternity has been determined 738
otherwise by a court of competent jurisdiction. 739
(b) Notwithstanding p aragraph (a), if the husband of the 740
mother dies while the mother is pregnant but before the birth of 741
the child, the name of the deceased husband shall be entered on 742
the birth certificate as the father of the child, unless 743
paternity has been determined othe rwise by a court of competent 744
jurisdiction. 745
(c) If the mother is not married at the time of the birth, 746
the name of the father may not be entered on the birth 747
certificate without the execution of an affidavit signed by both 748
the mother and the person to be named as the father. The 749
facility shall give notice orally or through the use of video or 750
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audio equipment, and in writing, of the alternatives to, the 751
legal consequences of, and the rights, including, if one parent 752
is a minor, any rights afforded due to m inority status, and 753
responsibilities that arise from signing an acknowledgment of 754
paternity, as well as information provided by the Title IV -D 755
agency established pursuant to s. 409.2557, regarding the 756
benefits of voluntary establishment of paternity. Upon request 757
of the mother and the person to be named as the father, the 758
facility shall assist in the execution of the affidavit, a 759
notarized voluntary acknowledgment of paternity, or a voluntary 760
acknowledgment of paternity that is witnessed by two individuals 761
and signed under penalty of perjury as specified by s. 762
92.525(2). 763
(d) If the paternity of the child is determined by a court 764
of competent jurisdiction as provided under s. 382.015 or there 765
is a final judgment of dissolution of marriage which requires 766
the former husband to pay child support for the child, the name 767
of the father and the surname of the child shall be entered on 768
the certificate in accordance with the finding and order of the 769
court. If the court fails to specify a surname for the child, 770
the surname shall be entered in accordance with subsection (3). 771
(e) If the paternity of the child is determined pursuant 772
to s. 409.256, the name of the father and the surname of the 773
child shall be entered on the certificate in accordance with the 774
finding and order of the Department of Revenue. 775
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(f) If the mother and father marry each other at any time 776
after the child's birth, upon receipt of a marriage license that 777
identifies any such child, the department shall amend the 778
certificate with regard to the parents ' marital status as though 779
the parents were married at the time of birth. 780
(g) If the father is not named on the certificate, no 781
other information about the father shall be entered on the 782
certificate. 783
(3) NAME OF CHILD.— 784
(a) If the mother is married at the time of birth, the 785
mother and father whose names are entered on the birth 786
certificate shall select the given names and surname of the 787
child if both parents have custody of the child, otherwise the 788
parent who has custody shall select the child's name. 789
(b) If the mother and father whose names are entered on 790
the birth certificate disagree on the surname of the child and 791
both parents have custody of the child, the surname selected by 792
the father and the surname selected by the mother shall both be 793
entered on the birth certificate, separated by a hyphen, with 794
the selected names entered in alphabetical order. If the parents 795
disagree on the selection of a given name, the given name may 796
not be entered on the certificate until a joint agreement that 797
lists the agreed upon given name and is notarized by both 798
parents is submitted to the department, or until a given name is 799
selected by a court. 800
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(c) If the mother is not married at the time of birth, the 801
parent who will have custody o f the child shall select the 802
child's given name and surname. 803
(d) If multiple names of the child exceed the space 804
provided on the face of the birth certificate they shall be 805
listed on the back of the certificate. Names listed on the back 806
of the certificate shall be part of the official record. 807
(4) UNDETERMINED PARENTAGE. —The person having custody of a 808
child of undetermined parentage shall register a birth 809
certificate showing all known or approximate facts relating to 810
the birth. To assist in later determi nation, information 811
concerning the place and circumstances under which the child was 812
found shall be included on the portion of the birth certificate 813
relating to marital status and medical details. In the event the 814
child is later identified, a new birth cer tificate shall be 815
prepared which shall bear the same number as the original birth 816
certificate, and the original certificate shall be sealed and 817
filed, shall be confidential and exempt from the provisions of 818
s. 119.07(1), and shall not be opened to inspecti on by, nor 819
shall certified copies of the same be issued except by court 820
order to, any person other than the registrant if of legal age. 821
(5) DISCLOSURE.—The original certificate of live birth 822
shall contain all the information required by the department fo r 823
legal, social, and health research purposes. However, all 824
information concerning parentage, marital status, and medical 825
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details shall be confidential and exempt from the provisions of 826
s. 119.07(1), except for health research purposes as approved by 827
the department, nor shall copies of the same be issued except as 828
provided in s. 382.025. 829
Section 8. Section 382.015, Florida Statutes, is amended 830
to read: 831
382.015 New certificates of live birth; duty of clerks of 832
court and department. —The clerk of the cou rt in which any 833
proceeding for adoption, annulment of an adoption, affirmation 834
of parental status, or determination of paternity is to be 835
registered, shall within 30 days after the final disposition, 836
forward electronically to the department a certified cop y of the 837
court order, or a report of the proceedings upon a form to be 838
furnished by the department, together with sufficient 839
information to identify the original birth certificate and to 840
enable the preparation of a new birth certificate. The clerk of 841
the court shall implement a monitoring and quality control plan 842
to ensure that all judicial determinations of paternity are 843
reported to the department in compliance with this section. The 844
department shall track paternity determinations reported monthly 845
by county, monitor compliance with the 30 -day timeframe, and 846
report the data to the clerks of the court quarterly. 847
(1) ADOPTION AND ANNULMENT OF ADOPTION. — 848
(a) Upon receipt of the report or certified copy of an 849
adoption decree, together with the information ne cessary to 850
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identify the original certificate of live birth, and establish a 851
new certificate, the department shall prepare and file a new 852
birth certificate, absent objection by the court decreeing the 853
adoption, the adoptive parents, or the adoptee if of leg al age. 854
The certificate shall bear the same file number as the original 855
birth certificate. All names and identifying information 856
relating to the adoptive parents entered on the new certificate 857
shall refer to the adoptive parents, but nothing in the 858
certificate shall refer to or designate the parents as being 859
adoptive. All other items not affected by adoption shall be 860
copied as on the original certificate, including the date of 861
registration and filing. 862
(b) Upon receipt of the report or certified copy of an 863
annulment-of-adoption decree, together with the sufficient 864
information to identify the original certificate of live birth, 865
the department shall, if a new certificate of birth was filed 866
following an adoption report or decree, remove the new 867
certificate and restore the original certificate to its original 868
place in the files, and the certificate so removed shall be 869
sealed by the department. 870
(c) Upon receipt of a report or certified copy of an 871
adoption decree or annulment -of-adoption decree for a person 872
born in another state, the department shall forward the report 873
or decree to the state of the registrant's birth. If the adoptee 874
was born in Canada, the department shall send a copy of the 875
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report or decree to the appropriate birth registration authority 876
in Canada. 877
(2) DETERMINATION OF PATERNITY. —Upon receipt of the 878
report, a certified copy of a final decree of determination of 879
paternity, or a certified copy of a final judgment of 880
dissolution of marriage which requires the former husband to pay 881
child support for the child, together with sufficient 882
information to identify the original certificate of live birth, 883
the department shall prepare and file a new birth certificate, 884
which shall bear the same file number as the original birth 885
certificate. The registrant's n ame shall be entered as decreed 886
by the court or as reflected in the final judgment or support 887
order. The names and identifying information of the parents 888
shall be entered as of the date of the registrant's birth. 889
(3) AFFIRMATION OF PARENTAL STATUS. —Upon receipt of an 890
order of affirmation of parental status issued pursuant to s. 891
742.16, together with sufficient information to identify the 892
original certificate of live birth, the department shall prepare 893
and file a new birth certificate which shall bear the same file 894
number as the original birth certificate. The names and 895
identifying information of the registrant's parents entered on 896
the new certificate shall be the commissioning couple, but the 897
new certificate may not make reference to or designate the 898
parents as the commissioning couple. 899
(4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR 900
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ORIGINAL.—When a new certificate of birth is prepared, the 901
department shall substitute the new certificate of birth for the 902
original certificate on file. All copies of the o riginal 903
certificate of live birth in the custody of a local registrar or 904
other state custodian of vital records shall be forwarded to the 905
State Registrar. Thereafter, when a certified copy of the 906
certificate of birth or portion thereof is issued, it shall be a 907
copy of the new certificate of birth or portion thereof, except 908
when a court order requires issuance of a certified copy of the 909
original certificate of birth. In an adoption, change in 910
paternity, affirmation of parental status, undetermined 911
parentage, or court-ordered substitution, the department shall 912
place the original certificate of birth and all papers 913
pertaining thereto under seal, not to be broken except by order 914
of a court of competent jurisdiction or as otherwise provided by 915
law. 916
(5) FORM.—Except for certificates of foreign birth which 917
are registered as provided in s. 382.017, and delayed 918
certificates of birth which are registered as provided in ss. 919
382.019 and 382.0195, all original, new, or amended certificates 920
of live birth shall be identic al in form, regardless of the 921
marital status of the parents or the fact that the registrant is 922
adopted or of undetermined parentage. 923
(6) RULES.—The department shall adopt and enforce all 924
rules necessary for carrying out the provisions of this section. 925
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Section 9. Section 382.021, Florida Statutes, is amended 926
to read: 927
382.021 Department to receive marriage licenses. —On or 928
before the 5th day of each month, 929
(1) The county court judge or clerk of the circuit court 930
shall electronically transmit all original marriage licenses, 931
with endorsements, received during the preceding calendar month, 932
to the department on one of the following reporting schedules: 933
(a) Weekly, on or before each Friday, all original 934
marriage licenses, with endorsements, received duri ng the 935
preceding calendar week. 936
(b) Monthly, on or before the 5th day of each month, all 937
original marriage licenses, with endorsements, received during 938
the preceding calendar month . 939
(2) Any marriage licenses issued and not returned or any 940
marriage licenses returned but not recorded must shall be 941
reported by the issuing county court judge or clerk of the 942
circuit court to the department at the time of transmitting the 943
recorded licenses on the forms to be prescribed and furnished by 944
the department. If, during any reporting schedule, the county 945
court judge or clerk of the circuit court does not issue or does 946
not receive a returned marriage license month no marriage 947
licenses are issued or returned , the county court judge or clerk 948
of the circuit court must shall report such fact to the 949
department upon forms prescribed and furnished by the department 950
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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 accordance with the selected reporting schedule . 951
Section 10. Section 382.023, Florida Statutes, is amended 952
to read: 953
382.023 Department to receive dissolution -of-marriage 954
records; fees.— 955
(1) Clerks of the circuit courts shall collect for their 956
services at the time of the filing of a final judgment of 957
dissolution of marriage a fee of up to $10.50, of which 43 958
percent shall be retained by the clerk of the circuit court as a 959
part of the cost in the cause in which the judgment is granted. 960
The remaining 57 percent shall be remitted to the Department of 961
Revenue for deposit to the Department of Health to defray part 962
of the cost of maintaining the dissolution -of-marriage records. 963
(2) The clerk of the circuit court shall electronically 964
transmit to the department a record of each and every judgment 965
of dissolution of marriage granted by the court , including the 966
names of the parties and such other data as required by forms 967
prescribed by the department, on one of the following reporting 968
schedules: 969
(a) Weekly, on or before each Friday, all final judgments 970
of dissolution of marriage granted during the preceding calendar 971
week, along with an accounting of the funds remitted to the 972
Department of Revenue pursuant to this section. 973
(b) Monthly, on or before the 10th day of each month, all 974
final judgments of dissolution of marriage granted during the 975
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preceding calendar month, giving names of parties and such other 976
data as required by forms prescribed by the department, shall be 977
transmitted to the department, on or before the 10th day of each 978
month, along with an accounting of the funds remitted to the 979
Department of Revenue purs uant to this section. 980
(3) If, during any reporting schedule, there are no final 981
judgments of dissolution of marriage granted, the clerk of the 982
circuit court must report such fact to the department upon forms 983
prescribed and furnished by the department in accordance with 984
the selected reporting schedule. 985
Section 11. Subsections (1) and (4) of section 382.025, 986
Florida Statutes, are amended to read: 987
382.025 Certified copies of vital records; 988
confidentiality; research. — 989
(1) BIRTH RECORDS.—Except for birth records over 125 100 990
years old which are not under seal pursuant to court order, all 991
birth records of this state shall be confidential and are exempt 992
from the provisions of s. 119.07(1). 993
(a) Certified copies of the original birth certificate or 994
a new or amended certificate, or affidavits thereof, are 995
confidential and exempt from the provisions of s. 119.07(1) and, 996
upon receipt of a request and payment of the fee prescribed in 997
s. 382.0255, shall be issued only as authorized by the 998
department and in the form prescribed by the department, and 999
only: 1000
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1. To the registrant, if the registrant is of legal age, 1001
is a certified homeless youth, or is a minor who has had the 1002
disabilities of nonage removed under s. 743.01 or s. 743.015; 1003
2. To the registrant's par ent or guardian or other legal 1004
representative; 1005
3. Upon receipt of the registrant's death certificate, to 1006
the registrant's spouse or to the registrant's child, 1007
grandchild, or sibling, if of legal age, or to the legal 1008
representative of any of such person persons; 1009
4. To any person if the birth record is more than 125 over 1010
100 years old and not under seal pursuant to court order; 1011
5. To a law enforcement agency for official purposes; 1012
6. To any agency of the state or the United States for 1013
official purposes upon approval of the department; or 1014
7. Upon order of any court of competent jurisdiction. 1015
(b) To protect the integrity of vital records and prevent 1016
the fraudulent use of the birth certificates of deceased 1017
persons, the department shall match birth and death certificates 1018
and post the fact of death to the appropriate birth certificate. 1019
Except for a commemorative birth certificate, any certification 1020
of a birth certificate of a deceased registrant shall be marked 1021
"deceased." In the case of a commemorative birth certificate, 1022
such indication of death shall be made on the back of the 1023
certificate. 1024
(c) The department shall issue, upon request and upon 1025
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payment of an additional fee as prescribed under s. 382.0255, a 1026
commemorative birth certificate representing t hat the birth of 1027
the person named thereon is recorded in the office of the 1028
registrar. The certificate issued under this paragraph shall be 1029
in a form consistent with the need to protect the integrity of 1030
vital records but shall be suitable for display. It ma y bear the 1031
seal of the state printed thereon and may be signed by the 1032
Governor. 1033
(4) CERTIFIED COPIES OF ORIGINAL CERTIFICATES. —Only the 1034
state registrar, and local registrars, and those persons 1035
appointed by the department are authorized to issue any 1036
certificate which purports to be a certified copy of an original 1037
certificate of live birth, death, or fetal death. Except as 1038
provided in this section, preparing or issuing certificates is 1039
exempt from the provisions of s. 119.07(1). 1040
Section 12. Subsections ( 3), (4), and (5) of section 1041
401.27, Florida Statutes, are amended to read: 1042
401.27 Personnel; standards and certification. — 1043
(3) Any person who desires to be certified or recertified 1044
as an emergency medical technician or paramedic must apply to 1045
the department under oath on forms provided by the department 1046
which shall contain such information as the department 1047
reasonably requires, which may include affirmative evidence of 1048
ability to comply with applicable laws and rules. The department 1049
shall determine whet her the applicant meets the requirements 1050
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specified in this section and in rules of the department and 1051
shall issue a certificate to any person who meets such 1052
requirements. 1053
(4) An applicant for certification or recertification as 1054
an emergency medical techn ician or paramedic must: 1055
(a) Have completed an appropriate training program as 1056
follows: 1057
1. For an emergency medical technician, an emergency 1058
medical technician training program approved by the department 1059
as equivalent to the most recent EMT -Basic National Standard 1060
Curriculum or the National EMS Education Standards of the United 1061
States Department of Transportation; 1062
2. For a paramedic, a paramedic training program approved 1063
by the department as equivalent to the most recent EMT -Paramedic 1064
National Standard Curriculum or the National EMS Education 1065
Standards of the United States Department of Transportation; 1066
(b) Attest Certify under oath that he or she is not 1067
addicted to alcohol or any controlled substance; 1068
(c) Attest Certify under oath that he or she is free from 1069
any physical or mental defect or disease that might impair the 1070
applicant's ability to perform his or her duties; 1071
(d) Within 2 years after program completion have passed an 1072
examination developed or required by the department; 1073
(e)1. For an emergency medical technician, hold a current 1074
American Heart Association cardiopulmonary resuscitation course 1075
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card or an American Red Cross cardiopulmonary resuscitation 1076
course card or its equivalent as defined by department rule; 1077
2. For a paramedic, hold a certificate of successful 1078
course completion in advanced cardiac life support from the 1079
American Heart Association or its equivalent as defined by 1080
department rule; 1081
(f) Submit the certification fee and the nonrefundable 1082
examination fee prescribed in s. 401. 34, which examination fee 1083
will be required for each examination administered to an 1084
applicant; and 1085
(g) Submit a completed application to the department, 1086
which application documents compliance with paragraphs (a), (b), 1087
(c), (e), (f), and this paragraph, and, if applicable, paragraph 1088
(d). The application must be submitted so as to be received by 1089
the department at least 30 calendar days before the next 1090
regularly scheduled examination for which the applicant desires 1091
to be scheduled. 1092
(5) The certification examination must be offered monthly. 1093
The department shall issue an examination admission notice to 1094
the applicant advising him or her of the time and place of the 1095
examination for which he or she is scheduled. Individuals 1096
achieving a passing score on the certification examination may 1097
be issued a temporary certificate with their examination grade 1098
report. The department must issue an original certification 1099
within 45 days after the examination. Examination questions and 1100
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answers are not subject to discovery but may be introduced into 1101
evidence and considered only in camera in any administrative 1102
proceeding under chapter 120. If an administrative hearing is 1103
held, the department shall provide challenged examination 1104
questions and answers to the administrative law judge. The 1105
department shall establish by rule the procedure by which an 1106
applicant, and the applicant's attorney, may review examination 1107
questions and answers in accordance with s. 119.071(1)(a). 1108
Section 13. Paragraph (a) of subsection (1) of section 1109
401.2701, Florida Statutes, is amended to read: 1110
401.2701 Emergency medical services training programs. — 1111
(1) Any private or public institution in Florida desiring 1112
to conduct an approved program for the education of emergency 1113
medical technicians and paramedics shall: 1114
(a) Submit a completed application on a form provided by 1115
the department, which must include: 1116
1. Evidence that the institution is in compliance with all 1117
applicable requirements of the Department of Education. 1118
2. Evidence of an affiliation agreement with a hospital 1119
that has an emergency department staffed by at least one 1120
physician and one registered nurse. 1121
3. Evidence of an affiliation agreement with a current 1122
emergency medical services provider that is license d in this 1123
state. Such agreement shall include, at a minimum, a commitment 1124
by the provider to conduct the field experience portion of the 1125
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education program. An applicant licensed as an advanced life 1126
support service under s. 401.25 with permitted transport 1127
vehicles pursuant to s. 401.26 is exempt from the requirements 1128
of this subparagraph and need not submit evidence of an 1129
affiliation agreement with a current emergency medical services 1130
provider. 1131
4. Documentation verifying faculty, including: 1132
a. A medical director who is a licensed physician meeting 1133
the applicable requirements for emergency medical services 1134
medical directors as outlined in this chapter and rules of the 1135
department. The medical director shall have the duty and 1136
responsibility of certifying tha t graduates have successfully 1137
completed all phases of the education program and are proficient 1138
in basic or advanced life support techniques, as applicable. 1139
b. A program director responsible for the operation, 1140
organization, periodic review, administration , development, and 1141
approval of the program. 1142
5. Documentation verifying that the curriculum: 1143
a. Meets the most recent Emergency Medical Technician -1144
Basic National Standard Curriculum or the National EMS Education 1145
Standards approved by the department for emergency medical 1146
technician programs and Emergency Medical Technician -Paramedic 1147
National Standard Curriculum or the National EMS Education 1148
Standards approved by the department for paramedic programs. 1149
b. Includes 2 hours of instruction on the trauma scor ecard 1150
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methodologies for assessment of adult trauma patients and 1151
pediatric trauma patients as specified by the department by 1152
rule. 1153
6. Evidence of sufficient medical and educational 1154
equipment to meet emergency medical services training program 1155
needs. 1156
Section 14. Section 401.272, Florida Statutes, is amended 1157
to read: 1158
401.272 Emergency medical services community health care. — 1159
(1) The purpose of this section is to encourage more 1160
effective utilization of the skills of emergency medical 1161
technicians and paramedics by enabling them to perform , in 1162
partnership with local county health departments, specific 1163
additional health care tasks that are consistent with the public 1164
health and welfare. 1165
(2) Notwithstanding any other provision of law to the 1166
contrary: 1167
(a) Paramedics or emergency medical technicians shall 1168
operate under the medical direction of a physician through two -1169
way voice communication or pursuant to established standing 1170
orders or protocols and within the scope of their training when 1171
providing basic life support, advanced life support, and may 1172
perform health promotion and wellness activities and blood 1173
pressure screenings in a nonemergency environment , within the 1174
scope of their training, and under the direction of a medical 1175
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director. As used in this par agraph, the term "health promotion 1176
and wellness" means the provision of public health programs 1177
pertaining to the prevention of illness and injury. 1178
(b) Paramedics and emergency medical technicians shall 1179
operate under the medical direction of a physician t hrough two-1180
way communication or pursuant to established standing orders or 1181
protocols and within the scope of their training when a patient 1182
is not transported to an emergency department or is transported 1183
to a facility other than a hospital as defined in s. 1184
395.002(12). 1185
(c) Paramedics may administer immunizations in a 1186
nonemergency environment, within the scope of their training, 1187
and under the medical direction of a physician through two -way 1188
communication or pursuant to established standing orders or 1189
protocols medical director. There must be a written agreement 1190
between the physician providing medical direction paramedic's 1191
medical director and the department or the county health 1192
department located in each county in which the paramedic 1193
administers immunizations. This agreement must establish the 1194
protocols, policies, and procedures under which the paramedic 1195
must operate. 1196
(d)(c) Paramedics may provide basic life support services 1197
and advanced life support services to patients receiving ac ute 1198
and postacute hospital care at home as specified in the 1199
paramedic's supervisory relationship with a physician or 1200
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standing orders as described in s. 401.265, s. 458.348, or s. 1201
459.025. A physician who supervises or provides medical 1202
direction to a parame dic who provides basic life support 1203
services or advanced life support services to patients receiving 1204
acute and postacute hospital care at home pursuant to a formal 1205
supervisory relationship or standing orders is liable for any 1206
act or omission of the paramed ic acting under the physician's 1207
supervision or medical direction when providing such services. 1208
The department may adopt and enforce rules necessary to 1209
implement this paragraph. 1210
(3) Each physician providing medical direction to medical 1211
director under whose direction a paramedic who administers 1212
immunizations must verify and document that the paramedic has 1213
received sufficient training and experience to administer 1214
immunizations. The verification must be documented on forms 1215
developed by the department, and the completed forms must be 1216
maintained at the service location of the licensee and made 1217
available to the department upon request. 1218
(4) The department may adopt and enforce all rules 1219
necessary to enforce the provisions relating to a paramedic's 1220
administration of immunizations and the performance of health 1221
promotion and wellness activities and blood pressure screenings 1222
by a paramedic or emergency medical technician in a nonemergency 1223
environment. 1224
Section 15. Subsections (5), (6), and (7) of section 1225
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401.34, Florida Statutes, are amended to read: 1226
401.34 Fees.— 1227
(5) The department may provide same -day grading of the 1228
examination for an applicant for emergency medical technician or 1229
paramedic certification. 1230
(6) The department may offer walk -in eligibility 1231
determination and examination to applicants for emergency 1232
medical technician or paramedic certification who pay to the 1233
department a nonrefundable fee to be set by the department not 1234
to exceed $65. The fee is in addition to the certification fee 1235
and examination fee. The department must establish locations and 1236
times for eligibility determination and examination. 1237
(7) The cost of emergency medical technician or paramedic 1238
certification examination review may not exceed $50. 1239
Section 16. Section 401.435, Flo rida Statutes, is amended 1240
to read: 1241
401.435 Emergency medical First responder agencies and 1242
training.— 1243
(1) The department must adopt by rule the United States 1244
Department of Transportation National Emergency Medical Services 1245
Education Standards for the Emergency Medical Services: First 1246
Responder level Training Course as the minimum standard for 1247
emergency medical first responder training. In addition, the 1248
department must adopt rules establishing minimum emergency 1249
medical first responder instructor qualifica tions. For purposes 1250
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of this section, an emergency medical a first responder includes 1251
any individual who receives training to render initial care to 1252
an ill or injured person, other than an individual trained and 1253
certified pursuant to s. 943.1395(1), but who does not have the 1254
primary responsibility of treating and transporting ill or 1255
injured persons. 1256
(2) Each emergency medical first responder agency must 1257
take all reasonable efforts to enter into a memorandum of 1258
understanding with the emergency medical servi ces licensee 1259
within whose territory the agency operates in order to 1260
coordinate emergency services at an emergency scene. The 1261
department must provide a model memorandum of understanding for 1262
this purpose. The memorandum of understanding should include 1263
dispatch protocols, the roles and responsibilities of emergency 1264
medical first responder personnel at an emergency scene, and the 1265
documentation required for patient care rendered. For purposes 1266
of this section, the term " emergency medical first responder 1267
agency" includes a law enforcement agency, a fire service agency 1268
not licensed under this part, a lifeguard agency, and a 1269
volunteer organization that renders, as part of its routine 1270
functions, on-scene patient care before emergency medical 1271
technicians or paramedics arrive. 1272
Section 17. Paragraph (a) of subsection (1) of section 1273
464.203, Florida Statutes, is amended to read: 1274
464.203 Certified nursing assistants; certification 1275
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requirement.— 1276
(1) The board shall issue a certificate to practice as a 1277
certified nursing assistant to any person who demonstrates a 1278
minimum competency to read and write and successfully passes the 1279
required background screening pursuant to s. 400.215. If the 1280
person has successfully passed the required background screening 1281
pursuant to s. 400.215 or s. 408.809 within 90 days before 1282
applying for a certificate to practice and the person's 1283
background screening results are not retained in the 1284
clearinghouse created under s. 435.12, the board shall waive the 1285
requirement that the applicant successfull y pass an additional 1286
background screening pursuant to s. 400.215. The person must 1287
also meet one of the following requirements: 1288
(a) Has successfully completed an approved training 1289
program and achieved a minimum score, established by rule of the 1290
board, on the nursing assistant competency examination, which 1291
consists of a written portion and skills -demonstration portion 1292
approved by the board and administered at a site and by 1293
personnel approved by the department. Any person who has 1294
successfully completed an ap proved training program within 6 1295
months before filing an application for certification is not 1296
required to take the skills -demonstration portion of the 1297
competency examination. 1298
Section 18. Section 468.1225, Florida Statutes, is amended 1299
to read: 1300
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468.1225 Procedures, equipment, and protocols. — 1301
(1) The following minimal procedures shall be used when a 1302
licensed audiologist fits and sells a prescription hearing aid: 1303
(a) Pure tone audiometric testing by air and bone to 1304
determine the type and degree of hea ring deficiency when 1305
indicated. 1306
(b) Effective masking when indicated. 1307
(c) Appropriate testing to determine speech reception 1308
thresholds, speech discrimination scores, the most comfortable 1309
listening levels, uncomfortable loudness levels, and the 1310
selection of the best fitting arrangement for maximum hearing 1311
aid benefit when indicated. 1312
(2) The following equipment shall be used: 1313
(a) A wide range audiometer that which meets the 1314
specifications of the American National Standards Institute for 1315
diagnostic audiometers when indicated. 1316
(b) A speech audiometer or a master hearing aid in order 1317
to determine the most comfortable listening level and speech 1318
discrimination when indicated. 1319
(3) A final fitting ensuring physical and operational 1320
comfort of the prescription hearing aid shall be made when 1321
indicated. 1322
(4) A licensed audiologist who fits and sells prescription 1323
hearing aids shall obtain the following medical clearance: If, 1324
upon inspection of the ear canal with an otoscope in the common 1325
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procedure of fitting a prescription hearing aid and upon 1326
interrogation of the client, there is any recent history of 1327
infection or any observable anomaly, the client shall be 1328
instructed to see a physician, and a prescription hearing aid 1329
may shall not be fitted until medical clearance is obtained for 1330
the condition noted. If, upon return, the condition noted is no 1331
longer observable and the client signs a medical waiver, a 1332
prescription hearing aid may be fitted. Any person with a 1333
significant differen ce between bone conduction hearing and air 1334
conduction hearing must be informed of the possibility of 1335
medical or surgical correction. 1336
(5)(a) A licensed audiologist's office must have 1337
available, or have access to, a selection of prescription 1338
hearing aid models, hearing aid supplies, and services complete 1339
enough to accommodate the various needs of the hearing aid 1340
wearers. 1341
(b) At the time of the initial examination for fitting and 1342
sale of a prescription hearing aid, the attending audiologist 1343
must notify the prospective purchaser of the benefits of 1344
telecoil, also known as "t" coil or "t" switch, technology, 1345
including increased access to telephones and noninvasive access 1346
to assistive listening systems required under the Americans with 1347
Disabilities Act of 1990. 1348
(6) Unless otherwise indicated, each audiometric test 1349
conducted by a licensee or a certified audiology assistant in 1350
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the fitting and selling of prescription hearing aids must shall 1351
be made in a testing room that has been certified by the 1352
department, or by an agent approved by the department, not to 1353
exceed the following sound pressure levels at the specified 1354
frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1355
1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, 1356
and 8000Hz-67dB. An exception to this requirement shall be made 1357
in the case of a client who, after being provided written notice 1358
of the benefits and advantages of having the test conducted in a 1359
certified testing room, requests that the test be conducted in a 1360
place other than the licensee's certified testing room. Such 1361
request must shall be documented by a waiver that which includes 1362
the written notice and is signed by the licensee and the client 1363
before prior to the testing. The waiver must shall be executed 1364
on a form provided by t he department. The executed waiver must 1365
shall be attached to the client's copy of the contract, and a 1366
copy of the executed waiver must shall be retained in the 1367
licensee's file. 1368
(7) The board may shall have the power to prescribe the 1369
minimum procedures an d equipment used in the conducting of 1370
hearing assessments and for the fitting and selling of 1371
prescription hearing aids. The board shall adopt and enforce 1372
rules necessary to implement carry out the provisions of this 1373
subsection and subsection (6). 1374
(8) Any duly authorized officer or employee of the 1375
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department may shall have the right to make such inspections and 1376
investigations as are necessary in order to determine the state 1377
of compliance with the provisions of this section and the 1378
applicable rules and may enter the premises of a licensee and 1379
inspect the records of same upon reasonable belief that a 1380
violation of this law is being or has been committed or that the 1381
licensee has failed or is failing to comply with the provisions 1382
of this part. 1383
Section 19. Section 468.1245, Florida Statutes, is amended 1384
to read: 1385
468.1245 Itemized listing of prices; delivery of 1386
prescription hearing aid; receipt; guarantee; packaging; 1387
disclaimer.— 1388
(1) Before Prior to delivery of services or products to a 1389
prospective purchaser , a licensee must shall disclose, upon 1390
request by the prospective purchaser, an itemized listing of 1391
prices, which must listing shall include separate price 1392
estimates for each service component and each product. Provision 1393
of such itemized listing of prices may shall not be predicated 1394
on the prospective purchaser's payment of any charge or 1395
agreement to purchase any service or product. 1396
(2) Any licensee who fits and sells a prescription hearing 1397
aid shall, at the time of delivery, provide the purchaser with a 1398
receipt containing the seller's signature, the address of his or 1399
her regular place of business, and his or her license or 1400
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certification number, if applicable, together with the brand, 1401
model, manufacturer or manufacturer's identification code, and 1402
serial number of the prescription hearing aid furnished and the 1403
amount charged for the prescription hearing aid. The receipt 1404
must also shall specify whether the prescription hearing aid is 1405
new, used, or rebuilt, and shall specify the length of time and 1406
other terms of the guarantee, and by whom the prescription 1407
hearing aid is guaranteed. When the client has requested an 1408
itemized list of prices, the receipt must shall also provide an 1409
itemization of the total purchase price, including, but not 1410
limited to, the cost of t he aid, ear mold, batteries, and other 1411
accessories, and the cost of any services. Notice of the 1412
availability of this service must be displayed in a conspicuous 1413
manner in the office. The receipt must also shall state that any 1414
complaint concerning the prescription hearing aid and its 1415
guarantee, if not reconciled with the licensee from whom the 1416
prescription hearing aid was purchased, should be directed by 1417
the purchaser to the department. The address and telephone 1418
number of such office must shall be stated on the receipt. 1419
(3) A prescription No hearing aid may not be sold to any 1420
person unless both the packaging containing the prescription 1421
hearing aid and the contract provided pursuant to subsection (2) 1422
carry the following disclaimer in 10 -point or larger type: "A 1423
hearing aid will not restore normal hearing, nor will it prevent 1424
further hearing loss." 1425
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Section 20. Section 468.1246, Florida Statutes, is amended 1426
to read: 1427
468.1246 Thirty-day trial period; purchaser's right to 1428
cancel; notice; refund; cancellation fee.— 1429
(1) A person selling a prescription hearing aid in this 1430
state must provide the buyer with written notice of a 30 -day 1431
trial period and money -back guarantee. The guarantee must permit 1432
the purchaser to cancel the purchase for a valid reason as 1433
defined by rule of the board within 30 days after receiving the 1434
prescription hearing aid, by returning the prescription hearing 1435
aid or mailing written notice of cancellation to the seller. If 1436
the prescription hearing aid must be repaired, remade, or 1437
adjusted during the 30-day trial period, the running of the 30 -1438
day trial period is suspended 1 day for each 24 -hour period that 1439
the prescription hearing aid is not in the purchaser's 1440
possession. A repaired, remade, or adjusted prescription hearing 1441
aid must be claimed by the purchaser within 3 working days after 1442
notification of availability. The running of the 30 -day trial 1443
period resumes on the day the purchaser reclaims a repaired, 1444
remade, or adjusted prescription hearing aid or on the 4th day 1445
after notification of ava ilability. 1446
(2) The board, in consultation with the Board of Hearing 1447
Aid Specialists, shall prescribe by rule the terms and 1448
conditions to be contained in the money -back guarantee and any 1449
exceptions thereto. Such rule must shall provide, at a minimum, 1450
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that the charges for earmolds and service provided to fit the 1451
prescription hearing aid may be retained by the licensee. The 1452
rules must shall also set forth any reasonable charges to be 1453
held by the licensee as a cancellation fee. Such rule shall be 1454
effective on or before December 1, 1994. Should the board fail 1455
to adopt such rule, a licensee may not charge a cancellation fee 1456
which exceeds 5 percent of the total charge for a hearing aid 1457
alone. The terms and conditions of the guarantee, including the 1458
total amount available for refund, must shall be provided in 1459
writing to the purchaser before prior to the signing of the 1460
contract. 1461
Section 21. Section 468.1255, Florida Statutes, is amended 1462
to read: 1463
468.1255 Cancellation by medical authorization; 1464
purchaser's right to return.— 1465
(1) In addition to any other rights and remedies the 1466
purchaser of a prescription hearing aid may have, the purchaser 1467
has shall have the right to rescind the transaction if the 1468
purchaser for whatever reason consults a licensed physician with 1469
specialty board certification in otolaryngology or internal 1470
medicine or a licensed family practice physician, subsequent to 1471
purchasing a prescription hearing aid, and the physician 1472
certifies in writing that the purchaser has a hearing impairment 1473
for which a prescription hearing aid will not provide a benefit 1474
or that the purchaser has a medical condition which 1475
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contraindicates the use of a prescription hearing aid. 1476
(2) The purchaser of a prescription hearing aid has shall 1477
have the right to rescind as provided in subsection (1) only if 1478
the purchaser gives a written notice of the intent to rescind 1479
the transaction to the seller at the seller's place of business 1480
by certified mail, return receipt requested, which notice shall 1481
be posted not later than 60 days foll owing the date of delivery 1482
of the prescription hearing aid to the purchaser, and the 1483
purchaser returns the prescription hearing aid to the seller in 1484
the original condition less normal wear and tear. 1485
(3) If the conditions of subsections (1) and (2) are me t, 1486
the seller must shall, without request, refund to the purchaser, 1487
within 10 days after of the receipt of notice to rescind, a full 1488
and complete refund of all moneys received, less 5 percent. The 1489
purchaser does not shall incur any no additional liability for 1490
rescinding the transaction. 1491
Section 22. Section 468.1265, Florida Statutes, is amended 1492
to read: 1493
468.1265 Sale or distribution of prescription hearing aids 1494
through mail; penalty. —It is unlawful for any person to sell or 1495
distribute prescription hearing aids through the mail to the 1496
ultimate consumer. Any person who violates this section commits 1497
a misdemeanor of the second degree, punishable as provided in s. 1498
775.082 or s. 775.083. 1499
Section 23. Section 468.1275, Florida Statutes, is amended 1500
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to read: 1501
468.1275 Place of business; display of license. —Each 1502
licensee who fits and sells a prescription hearing aid shall 1503
declare and establish a regular place of business, at which his 1504
or her license shall be conspicuously displayed. 1505
Section 24. Section 4 84.0401, Florida Statutes, is amended 1506
to read: 1507
484.0401 Purpose.—The Legislature recognizes that the 1508
dispensing of prescription hearing aids requires particularized 1509
knowledge and skill to ensure that the interests of the hearing -1510
impaired public will be a dequately served and safely protected. 1511
It recognizes that a poorly selected or fitted prescription 1512
hearing aid not only will give little satisfaction but may 1513
interfere with hearing ability and, therefore, deems it 1514
necessary in the interest of the public he alth, safety, and 1515
welfare to regulate the dispensing of prescription hearing aids 1516
in this state. Restrictions on the fitting and selling of 1517
prescription hearing aids shall be imposed only to the extent 1518
necessary to protect the public from physical and econ omic harm, 1519
and restrictions shall not be imposed in a manner which will 1520
unreasonably affect the competitive market. 1521
Section 25. Section 484.041, Florida Statutes, is 1522
reordered and amended to read: 1523
484.041 Definitions. —As used in this part, the term: 1524
(1) "Board" means the Board of Hearing Aid Specialists. 1525
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(2) "Department" means the Department of Health. 1526
(3) "Dispensing prescription hearing aids" means and 1527
includes: 1528
(a) Conducting and interpreting hearing tests for purposes 1529
of selecting suitable prescription hearing aids, making earmolds 1530
or ear impressions, and providing appropriate counseling. 1531
(b) All acts pertaining to the selling, renting, leasing, 1532
pricing, delivery, and warranty of prescription hearing aids. 1533
(6)(4) "Hearing aid specialist " means a person duly 1534
licensed in this state to practice the dispensing of 1535
prescription hearing aids. 1536
(4)(5) "Hearing aid" means any wearable an amplifying 1537
device designed for, offered for the purpose of, or represented 1538
as aiding persons with, or compens ating for, impaired hearing to 1539
be worn by a hearing -impaired person to improve hearing . 1540
(10)(6) "Trainee" means a person studying prescription 1541
hearing aid dispensing under the direct supervision of an active 1542
licensed hearing aid specialist for the purpose of qualifying 1543
for certification to sit for the licensure examination. 1544
(5)(7) "Hearing aid establishment" means any establishment 1545
in this the state which employs a licensed hearing aid 1546
specialist who offers, advertises, and performs hearing aid 1547
services for the general public. 1548
(7) "Over-the-counter hearing aid" means an air -conduction 1549
hearing aid that does not require implantation or other surgical 1550
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intervention and is intended for use by a person 18 years o f age 1551
or older to compensate for perceived mild to moderate hearing 1552
impairment. 1553
(8) "Prescription hearing aid" means a hearing aid that 1554
satisfies the requirements of this part and is not an over -the-1555
counter hearing aid. 1556
(9)(8) "Sponsor" means an active, licensed hearing aid 1557
specialist under whose direct supervision one or more trainees 1558
are studying prescription hearing aid dispensing for the purpose 1559
of qualifying for certification to sit for the licensure 1560
examination. 1561
Section 26. Subsection (2) of section 484.042, Florida 1562
Statutes, is amended to read: 1563
484.042 Board of Hearing Aid Specialists; membership, 1564
appointment, terms.— 1565
(2) Five members of the board shall be hearing aid 1566
specialists who have been licensed and practi cing the dispensing 1567
of prescription hearing aids in this state for at least the 1568
preceding 4 years. The remaining four members, none of whom 1569
shall derive economic benefit from the fitting or dispensing of 1570
hearing aids, shall be appointed from the resident l ay public of 1571
this state. One of the lay members shall be a prescription 1572
hearing aid user but may not neither be nor have been a hearing 1573
aid specialist or a licensee of a closely related profession. 1574
One lay member shall be an individual age 65 or over. One lay 1575
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member shall be an otolaryngologist licensed pursuant to chapter 1576
458 or chapter 459. 1577
Section 27. Subsection (2) of section 484.044, Florida 1578
Statutes, is amended to read: 1579
484.044 Authority to make rules. — 1580
(2) The board shall adopt rules requirin g that each 1581
prospective purchaser of a prescription hearing aid be notified 1582
by the attending hearing aid specialist, at the time of the 1583
initial examination for fitting and sale of a hearing aid, of 1584
telecoil, "t" coil, or "t" switch technology. The rules sh all 1585
further require that hearing aid specialists make available to 1586
prospective purchasers or clients information regarding 1587
telecoils, "t" coils, or "t" switches. These rules shall be 1588
effective on or before October 1, 1994. 1589
Section 28. Subsection (2) of section 484.0445, Florida 1590
Statutes, is amended to read: 1591
484.0445 Training program. — 1592
(2) A trainee shall perform the functions of a hearing aid 1593
specialist in accordance with board rules only under the direct 1594
supervision of a licensed hearing aid specia list. The term 1595
"direct supervision" means that the sponsor is responsible for 1596
all work being performed by the trainee. The sponsor or a 1597
hearing aid specialist designated by the sponsor shall give 1598
final approval to work performed by the trainee and shall be 1599
physically present at the time the prescription hearing aid is 1600
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delivered to the client. 1601
Section 29. Subsection (2) of section 484.045, Florida 1602
Statutes, is amended to read: 1603
484.045 Licensure by examination. — 1604
(2) The department shall license each a pplicant who the 1605
board certifies meets all of the following criteria : 1606
(a) Has completed the application form and remitted the 1607
required fees.; 1608
(b) Is of good moral character .; 1609
(c) Is 18 years of age or older .; 1610
(d) Is a graduate of an accredited high school or its 1611
equivalent.; 1612
(e)1. Has met the requirements of the training program; or 1613
2.a. Has a valid, current license as a hearing aid 1614
specialist or its equivalent from another state and has been 1615
actively practicing in such capacity for at least 12 months; or 1616
b. Is currently certified by the National Board for 1617
Certification in Hearing Instrument Sciences and has been 1618
actively practicing for at least 12 months .; 1619
(f) Has passed an examination, as prescribed by board 1620
rule.; and 1621
(g) Has demonstrate d, in a manner designated by rule of 1622
the board, knowledge of state laws and rules relating to the 1623
fitting and dispensing of prescription hearing aids. 1624
Section 30. Section 484.0501, Florida Statutes, is amended 1625
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to read: 1626
484.0501 Minimal procedures and equipment.— 1627
(1) The following minimal procedures shall be used in the 1628
fitting and selling of prescription hearing aids: 1629
(a) Pure tone audiometric testing by air and bone to 1630
determine the type and degree of hearing deficiency. 1631
(b) Effective masking w hen indicated. 1632
(c) Appropriate testing to determine speech reception 1633
thresholds, speech discrimination scores, the most comfortable 1634
listening levels, uncomfortable loudness levels, and the 1635
selection of the best fitting arrangement for maximum hearing 1636
aid benefit. 1637
(2) The following equipment shall be used: 1638
(a) A wide range audiometer that which meets the 1639
specifications of the American National Standards Institute for 1640
diagnostic audiometers. 1641
(b) A speech audiometer or a master hearing aid in order 1642
to determine the most comfortable listening level and speech 1643
discrimination. 1644
(3) A final fitting ensuring physical and operational 1645
comfort of the prescription hearing aid shall be made. 1646
(4) The following medical clearance shall be obtained: If, 1647
upon inspection of the ear canal with an otoscope in the common 1648
procedure of a prescription hearing aid fitter and upon 1649
interrogation of the client, there is any recent history of 1650
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infection or any observable anomaly, the client must shall be 1651
instructed to see a physician, and a prescription hearing aid 1652
may shall not be fitted until medical clearance is obtained for 1653
the condition noted. If, upon return, the condition noted is no 1654
longer observable and the client signs a medical waiver, a 1655
prescription hearing aid may be fitted. Any person with a 1656
significant difference between bone conduction hearing and air 1657
conduction hearing must be informed of the possibility of 1658
medical correction. 1659
(5)(a) A prescription hearing aid establishment office 1660
must have available, or have access to, a selection of 1661
prescription hearing aid models, hearing aid supplies, and 1662
services complete enough to accommodate the various needs of the 1663
prescription hearing aid wearers. 1664
(b) At the time of the initial examination for f itting and 1665
sale of a prescription hearing aid, the attending hearing aid 1666
specialist shall must notify the prospective purchaser or client 1667
of the benefits of telecoil, "t" coil, or "t" switch technology, 1668
including increased access to telephones and noninvas ive access 1669
to assistive listening systems required under the Americans with 1670
Disabilities Act of 1990. 1671
(6) Each audiometric test conducted by a licensee or 1672
authorized trainee in the fitting and selling of prescription 1673
hearing aids must shall be made in a testing room that has been 1674
certified by the department, or by an agent approved by the 1675
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department, not to exceed the following sound pressure levels at 1676
the specified frequencies: 250Hz -40dB, 500Hz-40dB, 750Hz-40dB, 1677
1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 1678
6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement 1679
shall be made in the case of a client who, after being provided 1680
written notice of the benefits and advantages of having the test 1681
conducted in a certified testing room, r equests that the test be 1682
conducted in a place other than the licensee's certified testing 1683
room. Such request must shall be documented by a waiver which 1684
includes the written notice and is signed by the licensee and 1685
the client before prior to the testing. The waiver must shall be 1686
executed on a form provided by the department. The executed 1687
waiver must shall be attached to the client's copy of the 1688
contract, and a copy of the executed waiver must shall be 1689
retained in the licensee's file. 1690
(7) The board may shall have the power to prescribe the 1691
minimum procedures and equipment which must shall be used in the 1692
conducting of hearing assessments, and for the fitting and 1693
selling of prescription hearing aids, including equipment that 1694
will measure the prescription hearing aid's response curves to 1695
ensure that they meet the manufacturer's specifications. These 1696
procedures and equipment may differ from those provided in this 1697
section in order to take full advantage of devices and equipment 1698
which may hereafter become available and which are demonstrated 1699
to be of greater efficiency and accuracy. The board shall adopt 1700
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and enforce rules necessary to implement carry out the 1701
provisions of this subsection and subsection (6). 1702
(8) Any duly authorized officer or employee of the 1703
department may shall have the right to make such inspections and 1704
investigations as are necessary in order to determine the state 1705
of compliance with the provisions of this section and the 1706
applicable rules and may enter the premises of a licensee and 1707
inspect the records of same upon reasonable belief that a 1708
violation of this law is being or has been committed or that the 1709
licensee has failed or is failing to comply with the provisions 1710
of this part act. 1711
(9) A licensed hearing aid specialist may service, market, 1712
sell, dispense, provide customer support for, and distribute 1713
prescription and over -the-counter hearing aids. 1714
Section 31. Section 484.051, Florida Statutes, is amended 1715
to read: 1716
484.051 Itemization of prices; delivery of prescription 1717
hearing aid; receipt, packaging, disclaimer, guarantee. — 1718
(1) Before Prior to delivery of services or products to a 1719
prospective purchaser, any person who fits and sells 1720
prescription hearing aids must shall disclose on request by the 1721
prospective purchaser an itemized listing o f prices, which must 1722
listing shall include separate price estimates for each service 1723
component and each product. Provision of such itemized listing 1724
of prices may shall not be predicated on the prospective 1725
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purchaser's payment of any charge or agreement to p urchase any 1726
service or product. 1727
(2) Any person who fits and sells a prescription hearing 1728
aid must shall, at the time of delivery, provide the purchaser 1729
with a receipt containing the seller's signature, the address of 1730
her or his regular place of business, and her or his license or 1731
trainee registration number, if applicable, together with the 1732
brand, model, manufacturer or manufacturer's identification 1733
code, and serial number of the prescription hearing aid 1734
furnished and the amount charged for the prescription hearing 1735
aid. The receipt must also shall specify whether the 1736
prescription hearing aid is new, used, or rebuilt , and shall 1737
specify the length of time and other terms of the guarantee , and 1738
by whom the prescription hearing aid is guaranteed. If When the 1739
client has requested an itemized list of prices, the receipt 1740
must shall also provide an itemization of the total purchase 1741
price, including, but not limited to, the cost of the aid, 1742
earmold, batteries and other accessories, and any services. 1743
Notice of the availability of this service shall be displayed in 1744
a conspicuous manner in the office. The receipt must also shall 1745
state that any complaint concerning the prescription hearing aid 1746
and guarantee therefor, if not reconciled with the licensee from 1747
whom the prescription hearing aid was purchased, should be 1748
directed by the purchaser to the Department of Health. The 1749
address and telephone number of such office must shall be stated 1750
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on the receipt. 1751
(3) A prescription No hearing aid may not be sold to any 1752
person unless both the packaging containing the prescription 1753
hearing aid and the itemized receipt provided pursuant to 1754
subsection (2) carry the following disclaimer in 10 -point or 1755
larger type: "A hearing aid will not restore normal hearing, nor 1756
will it prevent further hearing loss." 1757
Section 32. Section 484.0512, Florida Statutes, is amended 1758
to read: 1759
484.0512 Thirty-day trial period; purchaser's right to 1760
cancel; notice; refund; cancellation fee; criminal penalty. — 1761
(1) A person selling a prescription hearing aid in this 1762
state must provide the buyer with written notice of a 30 -day 1763
trial period and money -back guarantee. The guarantee must permit 1764
the purchaser to cancel the purchase for a valid reason , as 1765
defined by rule of the board rule, within 30 days after 1766
receiving the prescription hearing aid, by returning the 1767
prescription hearing aid or mailing written notice of 1768
cancellation to the seller. If the prescription hearing aid must 1769
be repaired, remade, or adjusted during the 30 -day trial period, 1770
the running of the 30-day trial period is suspended 1 day for 1771
each 24-hour period that the prescription hearing aid is not in 1772
the purchaser's possession. A repaired, remade, or adjusted 1773
prescription hearing aid must be claimed by the purchaser within 1774
3 working days after notification of availability. The running 1775
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of the 30-day trial period resumes on the day the purchaser 1776
reclaims the repaired, remade, or adjusted prescription hearing 1777
aid or on the fourth day after notification of availability , 1778
whichever occurs earlier . 1779
(2) The board, in consultation with the Board of Speech -1780
Language Pathology and Audiology, shall prescribe by rule the 1781
terms and conditions to be contained in the money -back guarantee 1782
and any exceptions thereto. Such rules must rule shall provide, 1783
at a minimum, that the charges for earmolds and service provided 1784
to fit the prescription hearing aid may be retained by the 1785
licensee. The rules must shall also set forth any reasonable 1786
charges to be held by the licensee as a cancellation fee. Such 1787
rule shall be effective on or before December 1, 1994. Should 1788
the board fail to adopt such rule, a licensee may not charge a 1789
cancellation fee which exceeds 5 percent of the total charge for 1790
a hearing aid alone. The terms and conditions of the guarantee, 1791
including the total amount available for refund, must shall be 1792
provided in writing to the purchaser before prior to the signing 1793
of the contract. 1794
(3) Within 30 days after the return or attempted return of 1795
the prescription hearing aid, the seller shall refund all moneys 1796
that must be refunded to a purchaser pursuant to this section. A 1797
violation of this subsection is a misdemeanor of the first 1798
degree, punishable as provided in s. 775.082 or s. 775.083. 1799
(4) For purposes of this section, the term "seller" or 1800
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"person selling a prescription hearing aid" includes: 1801
(a) Any natural person licensed under this part or any 1802
other natural person who signs a sales receipt required by s. 1803
484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or 1804
dispenses a prescription hearing aid. 1805
(b) Any business organization, whether a sole 1806
proprietorship, partnership, corporation, professional 1807
association, joint venture, business trust, or other legal 1808
entity, that which dispenses a prescription hearing aid or 1809
enters into an agreement to dispen se a prescription hearing aid. 1810
(c) Any person who controls, manages, or operates an 1811
establishment or business that dispenses a prescription hearing 1812
aid or enters into an agreement to dispense a prescription 1813
hearing aid. 1814
Section 33. Section 484.0513, Florida Statutes, is amended 1815
to read: 1816
484.0513 Cancellation by medical authorization; 1817
purchaser's right to return. — 1818
(1) In addition to any other rights and remedies the 1819
purchaser of a prescription hearing aid may have, the purchaser 1820
has shall have the right to rescind the transaction if the 1821
purchaser for whatever reason consults a licensed physician with 1822
specialty board certification in otolaryngology or internal 1823
medicine or a licensed family practice physician, subsequent to 1824
purchasing a prescription hearing aid, and the physician 1825
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certifies in writing that the purchaser has a hearing impairment 1826
for which a prescription hearing aid will not provide a benefit 1827
or that the purchaser has a medical condition which 1828
contraindicates the use of a prescription hearing aid. 1829
(2) The purchaser of a prescription hearing aid has shall 1830
have the right to rescind as provided in subsection (1) only if 1831
the purchaser gives a written notice of the intent to rescind 1832
the transaction to the seller at the seller's place of busin ess 1833
by certified mail, return receipt requested, which must notice 1834
shall be posted within not later than 60 days after following 1835
the date of delivery of the prescription hearing aid to the 1836
purchaser, and the purchaser returns the prescription hearing 1837
aid to the seller in the original condition less normal wear and 1838
tear. 1839
(3) If the conditions of subsections (1) and (2) are met, 1840
the seller must shall, without request, refund to the purchaser, 1841
within 10 days after of the receipt of the notice to rescind, a 1842
full and complete refund of all moneys received, less 5 percent. 1843
The purchaser does not shall incur any no additional liability 1844
for rescinding the transaction. 1845
Section 34. Section 484.053, Florida Statutes, is amended 1846
to read: 1847
484.053 Prohibitions; penalties. — 1848
(1) A person may not: 1849
(a) Practice dispensing prescription hearing aids unless 1850
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the person is a licensed hearing aid specialist; 1851
(b) Use the name or title "hearing aid specialist" when 1852
the person has not been licensed under this part; 1853
(c) Present as her or his own the license of another; 1854
(d) Give false, incomplete, or forged evidence to the 1855
board or a member thereof for the purposes of obtaining a 1856
license; 1857
(e) Use or attempt to use a hearing aid specialist license 1858
that is delinquent or has been suspended, revoked, or placed on 1859
inactive status; 1860
(f) Knowingly employ unlicensed persons in the practice of 1861
dispensing prescription hearing aids; or 1862
(g) Knowingly conceal information relative to violations 1863
of this part. 1864
(2) Any person who violates any provision of the 1865
provisions of this section is guilty of a felony of the third 1866
degree, punishable as provided in s. 775.082 or s. 775.083. 1867
(3) If a person licensed under this part allows the sale 1868
of a prescription hearing aid by an unlicensed person not 1869
registered as a trainee or fails to comply with the requirements 1870
of s. 484.0445(2) relating to supervision of trainees, the board 1871
must shall, upon determination of that violation, order the full 1872
refund of moneys paid by t he purchaser upon return of the 1873
prescription hearing aid to the seller's place of business. 1874
Section 35. Section 484.054, Florida Statutes, is amended 1875
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to read: 1876
484.054 Sale or distribution of prescription hearing aids 1877
through mail; penalty. —It is unlawful for any person to sell or 1878
distribute prescription hearing aids through the mail to the 1879
ultimate consumer. Any violation of this section constitutes a 1880
misdemeanor of the second degree, punishable as provided in s. 1881
775.082 or s. 775.083. 1882
Section 36. Section 484.059, Florida Statutes, is amended 1883
to read: 1884
484.059 Exemptions. — 1885
(1) The licensure requirements of this part do not apply 1886
to any person engaged in recommending prescription hearing aids 1887
as part of the academic curriculum of an accredited in stitution 1888
of higher education, or as part of a program conducted by a 1889
public charitable institution supported primarily by voluntary 1890
contribution, provided this organization does not dispense or 1891
sell prescription hearing aids or accessories. 1892
(2) The licensure requirements of this part do not apply 1893
to any person licensed to practice medicine in this the state, 1894
except that such physician must shall comply with the 1895
requirement of periodic filing of the certificate of testing and 1896
calibration of audiometric eq uipment as provided in this part. A 1897
No person employed by or working under the supervision of a 1898
person licensed to practice medicine may not shall perform any 1899
services or acts which would constitute the dispensing of 1900
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prescription hearing aids as defined in s. 484.041 s. 1901
484.041(3), unless such person is a licensed hearing aid 1902
specialist. 1903
(3) The licensure requirements of this part do not apply 1904
to an audiologist licensed under pursuant to part I of chapter 1905
468. 1906
(4) Section The provisions of s. 484.053(1)(a) does shall 1907
not apply to registered trainees operating in compliance with 1908
this part and board rules of the board. 1909
(5) The licensure requirements of this part do not apply 1910
to a person who services, markets, sells, dispenses, provides 1911
customer support for, or distributes exclusively over -the-1912
counter hearing aids, whether through in -person transactions, by 1913
mail, or online. For purposes of this subsection, over -the-1914
counter hearing aids are those that are available without the 1915
supervision, prescription, or other order, involvement, or 1916
intervention of a licensed person to consumers through in -person 1917
transactions, by mail, or online. These devices allow the user 1918
to control the device and customize it to the user's hearing 1919
needs through the use of to ols, tests, or software, including, 1920
but not limited to, wireless technology or tests for self -1921
assessment of hearing loss. 1922
Section 37. The Division of Law Revision is directed to 1923
replace the phrase "the effective date of this act" wherever it 1924
occurs in this act with the date the act becomes a law. 1925
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Section 38. Except as otherwise expressly provided in this 1926
act and except for this section, which shall take effect upon 1927
this act becoming a law, this act shall take effect July 1, 1928
2023. 1929