FL
Florida House Bill H0449

Florida 2025 Regular Session

Florida House Bill H0449 Compare Versions

OldNewDifferences
11
22
3-CS/CS/HB 449 2025
3+CS/HB 449 2025
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb449-02-c2
9-Page 1 of 27
8+hb449-01-c1
9+Page 1 of 28
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to optometry; amending s. 463.002, 2
1616 F.S.; providing and revising definitions; amending s. 3
1717 463.003, F.S.; revising membership requirements for 4
1818 the Board of Optometry; providing construction; 5
1919 amending s. 463.005, F.S.; revising and providing 6
2020 rules to be implemented by the board; amending s. 7
2121 463.0055, F.S.; revising requirements for the 8
2222 administration and prescription of ocular 9
2323 pharmaceutical agents; revising provisions relating to 10
2424 the topical and oral ocular pharmaceutical agent 11
2525 formularies established by the board; creating s. 12
2626 463.0056, F.S.; authorizing an optometrist certified 13
2727 in ophthalmic procedures to perform certain 14
2828 procedures; providing certification requirements; 15
2929 excluding specified procedures; amending s. 463.006, 16
3030 F.S.; requiring a cer tified optometrist desiring to be 17
3131 licensed as a certified optometrist to submit to a 18
3232 background screening and successfully complete and 19
3333 pass a specified course and examination; requiring the 20
3434 board to determine the required content, grading 21
3535 criteria, and passing score for such examination; 22
3636 revising the timeline in which an applicant may 23
3737 successfully pass the licensure examination; amending 24
3838 s. 463.007, F.S.; revising conditions of licensure to 25
3939
40-CS/CS/HB 449 2025
40+CS/HB 449 2025
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb449-02-c2
46-Page 2 of 27
45+hb449-01-c1
46+Page 2 of 28
4747 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
4848
4949
5050
5151 include the successful completion and passage of a 26
5252 specified course and examination; amending s. 27
5353 463.0135, F.S.; providing authorized procedures a 28
5454 certified optometrist may perform in the standards of 29
5555 practice; defining the term "superficial foreign 30
5656 bodies"; requiring a licensed practitioner to display 31
5757 specified signs at his or her practice under certain 32
5858 circumstances; amending s. 463.014, F.S.; providing 33
5959 penalties; removing a provision prohibiting surgery of 34
6060 any kind; creating s. 463.0185, F.S.; authorizing 35
6161 specified titles and abbreviations for certified 36
62-optometrists; creating s. 463.0187, F.S.; providing 37
63-requirements for the demonstration of financial 38
64-responsibility as a condition of licensure; providing 39
65-applicability; amending ss. 463.009 and 641.31, F.S.; 40
66-conforming cross-references; providing an effective 41
67-date. 42
68- 43
69-Be It Enacted by the Legislature of the State of Florida: 44
70- 45
71- Section 1. Section 463.002, Florida Statutes, is amended 46
72-to read: 47
73- 463.002 Definitions. —As used in this chapter, the term: 48
74- (1)(10) "Appendages" means the eyelids, the eyebrows, the 49
75-conjunctiva, and the lacrimal apparatus. 50
62+optometrists; creating s. 463.0186, F.S.; providing 37
63+requirements for advertisements; providing penalties; 38
64+providing that certain licensed persons are fully 39
65+responsible for the content of all advertisements 40
66+before publication; creating s. 463.0187, F.S.; 41
67+providing requirements for the demonstration of 42
68+financial responsibility as a term of licensure; 43
69+providing construction; amending ss. 463.009 and 44
70+641.31, F.S.; conforming cross -references; providing 45
71+an effective date. 46
72+ 47
73+Be It Enacted by the Legislature of the State of F lorida: 48
74+ 49
75+ Section 1. Section 463.002, Florida Statutes, is amended 50
7676
77-CS/CS/HB 449 2025
77+CS/HB 449 2025
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb449-02-c2
83-Page 3 of 27
82+hb449-01-c1
83+Page 3 of 28
8484 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
8585
8686
8787
88- (2)(1) "Board" means the Board of Optometry. 51
89- (3)(4) "Certified optometrist" or "certified optometric 52
90-physician" means a licensed practitioner authorized by the board 53
91-to administer and prescribe ocular pharmaceutical agen ts. 54
92- (4)(12) "Clock hours" means the actual time engaged in 55
93-approved coursework and clinical training. 56
94- (5)(2) "Department" means the Department of Health. 57
95- (6)(8) "Direct supervision" means supervision to an extent 58
96-that the licensee remains on the pre mises while all procedures 59
97-are being done and gives final approval to any procedures 60
98-performed by an employee. 61
99- (7)(9) "General supervision" means the responsible 62
100-supervision of supportive personnel by a licensee who need not 63
101-be present when such procedur es are performed, but who assumes 64
102-legal liability therefor. Except in cases of emergency, "general 65
103-supervision" shall require the easy availability or physical 66
104-presence of the licensee for consultation with and direction of 67
105-the supportive personnel. 68
106- (8)(3)(a) "Licensed practitioner" means a person who is a 69
107-primary health care provider licensed to engage in the practice 70
108-of optometry under the authority of this chapter. For persons 71
109-licensed under this chapter after July 1, 1993, the term 72
110-includes only certified optometrists. 73
111- (b) A licensed practitioner who is not a certified 74
112-optometrist shall be required to display at her or his place of 75
88+to read: 51
89+ 463.002 Definitions. —As used in this chapter, the term: 52
90+ (1) "Advertisement" and "advertising" means any 53
91+statements, oral or written, disseminated to or before the 54
92+public or any portion thereof, with the intent of furthering the 55
93+purpose, either directly or indirectly, of selling professional 56
94+services or ophthalmic goods, offering to perform professional 57
95+services, or inducing members of the public to enter into any 58
96+obligation relating to such professional services. 59
97+ (2)(10) "Appendages" means the eyelids, the eyebrows, the 60
98+conjunctiva, and the lacrimal apparatus. 61
99+ (3)(1) "Board" means the Board of Optometry. 62
100+ (4) "Certified optometrist" or "certified optometric 63
101+physician" means a licensed practitioner authorized by the board 64
102+to administer and prescribe ocular pharmaceutical agents. 65
103+ (5)(12) "Clock hours" means the actual time engaged in 66
104+approved coursework and clinical training. 67
105+ (6)(2) "Department" means the Department of Health. 68
106+ (7)(8) "Direct supervision" means supervision to an extent 69
107+that the licensee remains on the premises while all procedures 70
108+are being done and gives final approval to any procedures 71
109+performed by an employee. 72
110+ (8)(9) "General supervision" means the responsible 73
111+supervision of supportive personnel by a licensee who need not 74
112+be present when such procedures are performed, but who assumes 75
113113
114-CS/CS/HB 449 2025
114+CS/HB 449 2025
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb449-02-c2
120-Page 4 of 27
119+hb449-01-c1
120+Page 4 of 28
121121 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
122122
123123
124124
125-practice a sign which states, "I am a Licensed Practitioner, not 76
126-a Certified Optometrist, and I am not able to prescribe ocular 77
127-pharmaceutical agents." 78
128- (c) All practitioners initially licensed after July 1, 79
129-1993, must be certified optometrists. 80
130- (9)(5) "Ocular pharmaceutical agent" means a 81
131-pharmaceutical agent that is administered or prescribed 82
132-topically or orally for the diagnosis or treatment of ocular 83
133-conditions of the human eye and its appendages without the use 84
134-of surgery or other invasive techniques . 85
135- (10) "Optometrist certified in ophthalmic procedures" 86
136-means a certified optometrist who may perform board -approved 87
137-laser and non-laser ophthalmic procedures and therapies under s. 88
138-463.0056. 89
139- (11)(7) "Optometry" means the diagnosis , evaluation, 90
140-treatment, and management of conditions of the human eye and its 91
141-appendages, including any visual, muscular, neurologic al, or 92
142-anatomical anomalies and chronic systemic conditions relating to 93
143-the eye and its appendages; the determination of the refractive 94
144-powers of the human eyes ; and the prescribing and employment of 95
145-any objective or subjective means or methods, including the 96
146-administration of ocular pharmaceutical agents, contact lenses, 97
147-spectacle lenses, magnification lenses, orthoptic exercises, 98
148-vison therapy, low vision rehabilitation devices, 99
149-electromagnetic waves, pulsating light and light frequencies, 100
125+legal liability therefor. Except in cases of emergency, "general 76
126+supervision" shall require the easy availability or physical 77
127+presence of the licensee for consultation with and direction of 78
128+the supportive personnel. 79
129+ (9)(3)(a) "Licensed practitioner" means a person who is a 80
130+primary health care provider licensed to engage in the practice 81
131+of optometry under the authority of this chapter. For persons 82
132+licensed under this chapter after July 1, 1993, the term 83
133+includes only certified optometrists. 84
134+ (b) A licensed practitioner who is not a certified 85
135+optometrist shall be required to display at her or his place of 86
136+practice a sign which states, "I am a Licensed Practitioner, not 87
137+a Certified Optometrist, and I am not able to prescribe ocular 88
138+pharmaceutical agents." 89
139+ (c) All practitioners initially licensed after July 1, 90
140+1993, must be certified optometrists. 91
141+ (10)(5) "Ocular pharmaceutical agent" means a 92
142+pharmaceutical agent that is administered or prescribed 93
143+topically or orally for the diagnosis or treatment of ocular 94
144+conditions of the human eye and its appendages without the use 95
145+of surgery or other invasive techniq ues. 96
146+ (11) "Optometrist certified in ophthalmic procedures" 97
147+means a certified optometrist who may perform board -approved 98
148+laser and non-laser ophthalmic procedures and therapies under s. 99
149+463.0056. 100
150150
151-CS/CS/HB 449 2025
151+CS/HB 449 2025
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb449-02-c2
157-Page 5 of 27
156+hb449-01-c1
157+Page 5 of 28
158158 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
159159
160160
161161
162-ophthalmic procedures and therapies, and neuro -optometric 101
163-rehabilitative therapy for the diagnosis, evaluation, 102
164-correction, remedy, treatment, management, or relief of any 103
165-insufficiency, anomaly, abnormality, or disease condition 104
166-relating to the human eye or its appendag es. For purposes of 105
167-this subsection, the term "refractive" means the use of lenses 106
168-and ocular pharmaceutical agents during the course of a 107
169-comprehensive medical eye examination to determine a patient's 108
170-visual, neurological, and physical requirements to att ain 109
171-optimal visual and perceptual performance. for the purpose of 110
172-determining the refractive powers of the human eyes, or any 111
173-visual, muscular, neurological, or anatomic anomalies of the 112
174-human eyes and their appendages; and the prescribing and 113
175-employment of lenses, prisms, frames, mountings, contact lenses, 114
176-orthoptic exercises, light frequencies, and any other means or 115
177-methods, including ocular pharmaceutical agents, for the 116
178-correction, remedy, or relief of any insufficiencies or abnormal 117
179-conditions of the human eyes and their appendages . 118
180- (12) "Refraction" means the use of lenses and ocular 119
181-pharmaceutical agents during the course of a comprehensive 120
182-medical eye examination to determine a patient's visual, 121
183-neurological, and physical requirements to attain op timal visual 122
184-and perceptual performance. 123
185- (13)(6) "Surgery" means a procedure using an instrument , 124
186-including a laser, scalpel, or needle, in which human tissue is 125
162+ (12)(7) "Optometry" means the diagnosis , evaluation, 101
163+treatment, and management of conditions of the human eye and its 102
164+appendages, including any visual, muscular, neurological, or 103
165+anatomical anomalies and chronic systemic conditions relating to 104
166+the eye and its appendages; the determination of the refractive 105
167+powers of the human eyes; and the prescribing and employment of 106
168+any objective or subjective means or methods, including the 107
169+administration of ocular pharmaceutical agents, contact lenses, 108
170+spectacle lenses, magnification lenses, orthoptic exercises, 109
171+vison therapy, low vision rehabilitation devices, 110
172+electromagnetic waves, pulsating light and light frequencies, 111
173+ophthalmic procedures and therapies, and neuro -optometric 112
174+rehabilitative therapy for the diagnosis, evaluation, 113
175+correction, remedy, treatment, management, o r relief of any 114
176+insufficiency, anomaly, abnormality, or disease condition 115
177+relating to the human eye or its appendages. For purposes of 116
178+this subsection, the term "refractive" means the use of lenses 117
179+and ocular pharmaceutical agents during the course of a 118
180+comprehensive medical eye examination to determine a patient's 119
181+visual, neurological, and physical requirements to attain 120
182+optimal visual and perceptual performance. for the purpose of 121
183+determining the refractive powers of the human eyes, or any 122
184+visual, muscular, neurological, or anatomic anomalies of the 123
185+human eyes and their appendages; and the prescribing and 124
186+employment of lenses, prisms, frames, mountings, contact lenses, 125
187187
188-CS/CS/HB 449 2025
188+CS/HB 449 2025
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb449-02-c2
194-Page 6 of 27
193+hb449-01-c1
194+Page 6 of 28
195195 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
196196
197197
198198
199-cut, burned, scraped , except as provided in s. 463.0135(12) s. 126
200-463.014(4), or vaporized, by incision, injection, ultrasound, 127
201-laser, infusion, cryotherapy, or radiation . The term includes a 128
202-procedure using an instrument which requires the closure of 129
203-human tissue by suture, clamp, or other such device. The term 130
204-does not include an ophthalmic proced ure that does not burn, 131
205-cut, or incise the globe or require the closure of human tissue. 132
206- (14)(11) "Transcript-quality" means a live and in-person 133
207-course which is in conjunction with or sponsored by a school or 134
208-college of optometry or equivalent education al entity, which 135
209-course is approved by the board and requires a test and passing 136
210-grade. 137
211- Section 2. Subsections (2) and (4) of section 463.003, 138
212-Florida Statutes, are amended to read: 139
213- 463.003 Board of Optometry. — 140
214- (2) Five members of the board must be certified 141
215-optometrists or optometrists certified in ophthalmic procedures 142
216-licensed practitioners actively practicing in this state. The 143
217-remaining two members must be citizens of the state who are not, 144
218-and have never been, licensed practitioners and who ar e in no 145
219-way connected with the practice of optometry or with any vision -146
220-oriented profession or business. At least one member of the 147
221-board must be 60 years of age or older. 148
222- (4) All applicable provisions of chapter 456 relating to 149
223-activities of regulatory boards that do not conflict with this 150
199+orthoptic exercises, light frequencies, and any other means or 126
200+methods, including ocular pharmaceutical agents, for the 127
201+correction, remedy, or relief of any insufficiencies or abnormal 128
202+conditions of the human eyes and their appendages . 129
203+ (13) "Refraction" means the use of lenses and ocular 130
204+pharmaceutical agents during the course of a comprehe nsive 131
205+medical eye examination to determine a patient's visual, 132
206+neurological, and physical requirements to attain optimal visual 133
207+and perceptual performance. 134
208+ (14)(6) "Surgery" means a procedure using an instrument , 135
209+including a laser, scalpel, or needle, in which human tissue is 136
210+cut, burned, scraped , except as provided in s. 463.0135(12) s. 137
211+463.014(4), or vaporized, by incision, injection, ultrasound, 138
212+laser, infusion, cryotherapy, or radiation . The term includes a 139
213+procedure using an instrument which requires the closure of 140
214+human tissue by suture, clamp, or other such device. The term 141
215+does not include an ophthalmic procedure that does not burn, 142
216+cut, or incise the globe or require the closure of human tissue. 143
217+ (15)(11) "Transcript-quality" means a live and in-person 144
218+course which is in conjunction with or sponsored by a school or 145
219+college of optometry or equivalent educational entity, which 146
220+course is approved by the board and requires a test and pa ssing 147
221+grade. 148
222+ Section 2. Subsections (2) and (4) of section 463.003, 149
223+Florida Statutes, are amended to read: 150
224224
225-CS/CS/HB 449 2025
225+CS/HB 449 2025
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb449-02-c2
231-Page 7 of 27
230+hb449-01-c1
231+Page 7 of 28
232232 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
233233
234234
235235
236-chapter shall apply. 151
237- Section 3. Subsection (1) of section 463.005, Florida 152
238-Statutes, is amended to read: 153
239- 463.005 Authority of the board. — 154
240- (1) The Board of Optometry shall has authority to adopt 155
241-rules pursuant to ss. 120.536(1) and 120.54 to implement the 156
242-provisions of this chapter conferring duties upon it. Such rules 157
243-must shall include, but not be limited to, rules relating to all 158
244-of the following: 159
245- (a) Standards of practice, including, but not limited to, 160
246-those provided for in s. 463.0135. 161
247- (b) Minimum equipment that a certified optometrist, an 162
248-optometrist certified in ophthalmic procedures, or which a 163
249-licensed practitioner must shall at all times possess to 164
250-lawfully engage in the practice of optometry. 165
251- (c) Minimum procedures that which shall constitute a 166
252-visual examination. 167
253- (d) Procedures for the safekeeping and transfer of 168
254-prescription files or case records upon the discontinuance of 169
255-practice. 170
256- (e) Supervision of supportive personnel. 171
257- (f) Courses and procedures for continuing education. 172
258- (g) Practices and procedures related to the administration 173
259-and prescription of ocular pharmaceutical agents. 174
260- (h) Laser and non-laser ophthalmic procedures and 175
236+ 463.003 Board of Optometry. — 151
237+ (2) Five members of the board must be certified 152
238+optometrists or optometrists certified in ophthalmic procedures 153
239+licensed practitioners actively practicing in this state. The 154
240+remaining two members must be citizens of the state who are not, 155
241+and have never been, licensed practitioners and who are in no 156
242+way connected with the practice of optometry or with any vision -157
243+oriented profession or business. At least one member of the 158
244+board must be 60 years of age or older. 159
245+ (4) All applicable provisions of chapter 456 relating to 160
246+activities of regulatory boards that do not conflict with this 161
247+chapter shall apply. 162
248+ Section 3. Subsection (1) of section 463.005, Florida 163
249+Statutes, is amended to read: 164
250+ 463.005 Authority of the board. — 165
251+ (1) The Board of Optometry shall has authority to adopt 166
252+rules pursuant to ss. 120.536(1) and 120.54 to implement the 167
253+provisions of this chapter con ferring duties upon it. Such rules 168
254+must shall include, but not be limited to, rules relating to all 169
255+of the following: 170
256+ (a) Standards of practice, including, but not limited to, 171
257+those provided for in s. 463.0135. 172
258+ (b) Minimum equipment that a certified optometrist, an 173
259+optometrist certified in ophthalmic procedures, or which a 174
260+licensed practitioner must shall at all times possess to 175
261261
262-CS/CS/HB 449 2025
262+CS/HB 449 2025
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb449-02-c2
268-Page 8 of 27
267+hb449-01-c1
268+Page 8 of 28
269269 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
270270
271271
272272
273-therapies an optometrist certified in ophthalmic procedu res may 176
274-perform, including, but not limited to, the standards of 177
275-practice for such ophthalmic procedures and therapies. 178
276- (i) The scope of practice of optometry, including 179
277-ophthalmic procedures, as described in this chapter. 180
278- (j) Required content, grading criteria, and passing scores 181
279-for licensure examinations under s. 463.006. 182
280- (k) The accredited schools or colleges of optometry that 183
281-are approved by the board for the purpose of licensure under s. 184
282-463.006. 185
283- (l) Terms and titles permitted for use in adver tisements 186
284-by persons licensed under this section and providers registered 187
285-under s. 456.47(4). 188
286- (m) Standards for the use of telehealth by providers 189
287-licensed under this section and providers registered under s. 190
288-456.47(4). 191
289- (n) Requirements to obtain and m aintain an out-of-state 192
290-telehealth provider registration as provided under s. 456.47(4), 193
291-including, but not limited to, application requirements, 194
292-continuing education requirements, scope of practice, standards 195
293-of practice, and renewal process for registrat ion. 196
294-Notwithstanding s. 456.47(4), the board may not approve any 197
295-applicant for out-of-state telehealth registration who does not 198
296-hold a license issued by another state, the District of 199
297-Columbia, or a territory of the United States that is 200
273+lawfully engage in the practice of optometry. 176
274+ (c) Minimum procedures that which shall constitute a 177
275+visual examination. 178
276+ (d) Procedures for the safekeeping and transfer of 179
277+prescription files or case records upon the discontinuance of 180
278+practice. 181
279+ (e) Supervision of supportive personnel. 182
280+ (f) Courses and procedures for continuing education. 183
281+ (g) Practices and procedures related to the administration 184
282+and prescription of ocular pharmaceutical agents. 185
283+ (h) Laser and non-laser ophthalmic procedures and 186
284+therapies an optometrist certified in ophthalmic procedures may 187
285+perform, including, but not limited to, the standards of 188
286+practice for such ophthalmic procedures and therapies. 189
287+ (i) The scope of practice of optometry, including 190
288+ophthalmic procedures, as described in this chapter. 191
289+ (j) Required content, grading criteria, and passing scores 192
290+for licensure examinations under s. 463.006. 193
291+ (k) The accredited schools or colleges of optometry that 194
292+are approved by the board for the purpose of licensure under s. 195
293+463.006. 196
294+ (l) Terms and titles permitted for use in advertisements 197
295+by persons licensed under this section and providers registered 198
296+under s. 456.47(4). 199
297+ (m) Standards for the use of telehealth by providers 200
298298
299-CS/CS/HB 449 2025
299+CS/HB 449 2025
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb449-02-c2
305-Page 9 of 27
304+hb449-01-c1
305+Page 9 of 28
306306 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
307307
308308
309309
310-substantially similar to a license held by a certified 201
311-optometrist under this chapter. Notwithstanding s. 456.47(4), an 202
312-out-of-state telehealth provider registration as provided under 203
313-s. 456.47(4) is not valid for more than 2 years. 204
314- Section 4. Section 463.0055, Florida Statutes, is amended 205
315-to read: 206
316- 463.0055 Administration and prescription of ocular 207
317-pharmaceutical agents. — 208
318- (1)(a) Certified optometrists may administer and prescribe 209
319-ocular pharmaceutical agents as provided in this section for the 210
320-diagnosis and treatment of ocular conditions of the human eye 211
321-and its appendages without the use of surgery or other invasive 212
322-techniques. However, a licensed practitioner who is not 213
323-certified may use topically applied anesthetics solely for the 214
324-purpose of glaucoma examinations, but is otherwise prohibited 215
325-from administering or prescribing ocular pharmaceutical agents. 216
326- (b) Before a certified optometrist may administer or 217
327-prescribe oral ocular pharmaceutical agents, the certified 218
328-optometrist must provide proof to the department of successful 219
329-completion of a course and subsequent examination, approved by 220
330-the board, on general and ocular pharmaceutical agents and the 221
331-side effects of those agents. The course shall consist of 20 222
332-contact hours, all of which may be web -based. The first course 223
333-and examination shall be presented by October 1, 2013, and shall 224
334-be administered at least annually thereafter. The course and 225
310+licensed under this section and providers registered under s. 201
311+456.47(4). 202
312+ (n) Requirements to obtain and maintain an out -of-state 203
313+telehealth provider registration as provided under s. 456.47(4), 204
314+including, but not limited to, application requirements, 205
315+continuing education requirements, scope of practice, standards 206
316+of practice, and renewal process for registration. 207
317+Notwithstanding s. 456.47(4), the board may not approve any 208
318+applicant for out-of-state telehealth registration who does not 209
319+hold a license issued by another state, the District of 210
320+Columbia, or a territory of the United States that is 211
321+substantially similar to a license held by a certified 212
322+optometrist under this chapter. Notwi thstanding s. 456.47(4), an 213
323+out-of-state telehealth provider registration as provided under 214
324+s. 456.47(4) is not valid for more than 2 years. 215
325+ Section 4. Section 463.0055, Florida Statutes, is amended 216
326+to read: 217
327+ 463.0055 Administration and prescription of ocular 218
328+pharmaceutical agents. — 219
329+ (1)(a) Certified optometrists may administer and prescribe 220
330+ocular pharmaceutical agents as provided in this section for the 221
331+diagnosis and treatment of ocular conditions of the human eye 222
332+and its appendages without the use of surgery or other invasive 223
333+techniques. However, a licensed practitioner who is not 224
334+certified may use topically applied anesthetics solely for the 225
335335
336-CS/CS/HB 449 2025
336+CS/HB 449 2025
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb449-02-c2
342-Page 10 of 27
341+hb449-01-c1
342+Page 10 of 28
343343 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
344344
345345
346346
347-examination shall be developed and offered jointly by a 226
348-statewide professional association of physicians in this state 227
349-accredited to provide educational activities designated for the 228
350-American Medical Association Physician's Recogni tion Award (AMA 229
351-PRA) Category 1 credit and a statewide professional association 230
352-of licensed practitioners which provides board -approved 231
353-continuing education on an annual basis. The board shall review 232
354-and approve the content of the initial course and examin ation if 233
355-the board determines that the course and examination adequately 234
356-and reliably satisfy the criteria set forth in this section. The 235
357-board shall thereafter annually review and approve the course 236
358-and examination if the board determines that the content 237
359-continues to adequately and reliably satisfy the criteria set 238
360-forth in this section. Successful completion of the board -239
361-approved course and examination may be used by a certified 240
362-optometrist to satisfy 20 hours of the continuing education 241
363-requirements in s. 463.007(3), only for the biennial period in 242
364-which the board-approved course and examination are taken. If a 243
365-certified optometrist does not complete a board -approved course 244
366-and examination under this section, the certified optometrist is 245
367-only authorized to administer and prescribe topical ocular 246
368-pharmaceutical agents. Beginning July 1, 2025, any person who 247
369-submits an application for licensure under this chapter must 248
370-successfully complete the course and examination as a 249
371-requirement for licensure. 250
347+purpose of glaucoma examinations, but is otherwise prohibited 226
348+from administering or prescribing ocular phar maceutical agents. 227
349+ (b) Before a certified optometrist may administer or 228
350+prescribe oral ocular pharmaceutical agents, the certified 229
351+optometrist must provide proof to the department of successful 230
352+completion of a course and subsequent examination, approved by 231
353+the board, on general and ocular pharmaceutical agents and the 232
354+side effects of those agents. The course shall consist of 20 233
355+contact hours, all of which may be web -based. The first course 234
356+and examination shall be presented by October 1, 2013, and shall 235
357+be administered at least annually thereafter. The course and 236
358+examination shall be developed and offered jointly by a 237
359+statewide professional association of physicians in this state 238
360+accredited to provide educational activities designated for the 239
361+American Medical Association Physician's Recognition Award (AMA 240
362+PRA) Category 1 credit and a statewide professional association 241
363+of licensed practitioners which provides board -approved 242
364+continuing education on an annual basis. The board shall review 243
365+and approve the conte nt of the initial course and examination if 244
366+the board determines that the course and examination adequately 245
367+and reliably satisfy the criteria set forth in this section. The 246
368+board shall thereafter annually review and approve the course 247
369+and examination if th e board determines that the content 248
370+continues to adequately and reliably satisfy the criteria set 249
371+forth in this section. Successful completion of the board -250
372372
373-CS/CS/HB 449 2025
373+CS/HB 449 2025
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb449-02-c2
379-Page 11 of 27
378+hb449-01-c1
379+Page 11 of 28
380380 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
381381
382382
383383
384- (2)(a) The board shall establish a negative formulary of 251
385-topical ocular pharmaceutical agents that may not be prescribed 252
386-or and administered by a certified optometrist. The formulary 253
387-shall consist of those topical ocular pharmaceutical agents that 254
388-are appropriate to treat or diagnose ocular diseases and 255
389-disorders and that the certified optometrist is qualified to use 256
390-in the practice of optometry. The board shall establish, add to, 257
391-delete from, or modify the topical formulary by rule. 258
392-Notwithstanding any pr ovision of chapter 120 to the contrary, 259
393-the topical formulary rule becomes effective 60 days from the 260
394-date it is filed with the Secretary of State. 261
395- (b) The formulary may be added to, deleted from, or 262
396-modified according to the procedure described in parag raph (a). 263
397-Any person who requests an addition, deletion, or modification 264
398-of an authorized topical ocular pharmaceutical agent shall have 265
399-the burden of proof to show cause why such addition, deletion, 266
400-or modification should be made. 267
401- (c) The State Surgeon General shall have standing to 268
402-challenge any rule or proposed rule of the board pursuant to s. 269
403-120.56. In addition to challenges for any invalid exercise of 270
404-delegated legislative authority, the administrative law judge, 271
405-upon such a challenge by the State Surgeon General, may declare 272
406-all or part of a rule or proposed rule invalid if it: 273
407- 1. Does not protect the public from any significant and 274
408-discernible harm or damages; 275
384+approved course and examination may be used by a certified 251
385+optometrist to satisfy 20 hours of the co ntinuing education 252
386+requirements in s. 463.007(3), only for the biennial period in 253
387+which the board-approved course and examination are taken. If a 254
388+certified optometrist does not complete a board -approved course 255
389+and examination under this section, the certif ied optometrist is 256
390+only authorized to administer and prescribe topical ocular 257
391+pharmaceutical agents. Beginning July 1, 2025, any person who 258
392+submits an application for licensure under this chapter must 259
393+successfully complete the course and examination as a 260
394+requirement for licensure. 261
395+ (2)(a) The board shall establish a negative formulary of 262
396+topical ocular pharmaceutical agents that may not be prescribed 263
397+or and administered by a certified optometrist. The formulary 264
398+shall consist of those topical ocular pharmaceutical agents that 265
399+are appropriate to treat or diagnose ocular diseases and 266
400+disorders and that the certified optometrist is qualified to use 267
401+in the practice of optometry. The board shall establish, add to, 268
402+delete from, or modify the topical formula ry by rule. 269
403+Notwithstanding any provision of chapter 120 to the contrary, 270
404+the topical formulary rule becomes effective 60 days from the 271
405+date it is filed with the Secretary of State. 272
406+ (b) The formulary may be added to, deleted from, or 273
407+modified according t o the procedure described in paragraph (a). 274
408+Any person who requests an addition, deletion, or modification 275
409409
410-CS/CS/HB 449 2025
410+CS/HB 449 2025
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb449-02-c2
416-Page 12 of 27
415+hb449-01-c1
416+Page 12 of 28
417417 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
418418
419419
420420
421- 2. Unreasonably restricts competition or the availability 276
422-of professional services i n the state or in a significant part 277
423-of the state; or 278
424- 3. Unnecessarily increases the cost of professional 279
425-services without a corresponding or equivalent public benefit. 280
426- 281
427-However, there shall not be created a presumption of the 282
428-existence of any of the con ditions cited in this subsection in 283
429-the event that the rule or proposed rule is challenged. 284
430- (b)(d) Upon adoption of the negative formulary required by 285
431-this section, and upon each addition, deletion, or modification 286
432-to the formulary, the board shall mail a copy of the amended 287
433-formulary to each certified optometrist and to each pharmacy 288
434-licensed by the state. 289
435- (3) In addition to the formulary of topical ocular 290
436-pharmaceutical agents established by rule of the board, there is 291
437-created a statutory formulary of oral ocular pharmaceutical 292
438-agents, which includes the following agents: 293
439- (a) The following analgesics or their generic or 294
440-therapeutic equivalents, which may not be administered or 295
441-prescribed for more than 72 hours without consultation with a 296
442-physician licensed under chapter 458 or chapter 459 who is 297
443-skilled in diseases of the eye: 298
444- 1. Tramadol hydrochloride. 299
445- 2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 300
421+of an authorized topical ocular pharmaceutical agent shall have 276
422+the burden of proof to show cause why such addition, deletion, 277
423+or modification shoul d be made. 278
424+ (c) The State Surgeon General shall have standing to 279
425+challenge any rule or proposed rule of the board pursuant to s. 280
426+120.56. In addition to challenges for any invalid exercise of 281
427+delegated legislative authority, the administrative law judge, 282
428+upon such a challenge by the State Surgeon General, may declare 283
429+all or part of a rule or proposed rule invalid if it: 284
430+ 1. Does not protect the public from any significant and 285
431+discernible harm or damages; 286
432+ 2. Unreasonably restricts competition or the avail ability 287
433+of professional services in the state or in a significant part 288
434+of the state; or 289
435+ 3. Unnecessarily increases the cost of professional 290
436+services without a corresponding or equivalent public benefit. 291
437+ 292
438+However, there shall not be created a presumption of the 293
439+existence of any of the conditions cited in this subsection in 294
440+the event that the rule or proposed rule is challenged. 295
441+ (b)(d) Upon adoption of the negative formulary required by 296
442+this section, and upon each addition, deletion, or modification 297
443+to the formulary, the board shall mail a copy of the amended 298
444+formulary to each certified optometrist and to each pharmacy 299
445+licensed by the state. 300
446446
447-CS/CS/HB 449 2025
447+CS/HB 449 2025
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb449-02-c2
453-Page 13 of 27
452+hb449-01-c1
453+Page 13 of 28
454454 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
455455
456456
457457
458-mg. 301
459- (b) The following antibiotics or their generic or 302
460-therapeutic equivalents: 303
461- 1. Amoxicillin with or without clavulanic acid. 304
462- 2. Azithromycin. 305
463- 3. Erythromycin. 306
464- 4. Dicloxacillin. 307
465- 5. Doxycycline/Tetracycline. 308
466- 6. Keflex. 309
467- 7. Minocycline. 310
468- (c) The following antivirals or their generic or 311
469-therapeutic equivalents: 312
470- 1. Acyclovir. 313
471- 2. Famciclovir. 314
472- 3. Valacyclovir. 315
473- (d) The following oral anti -glaucoma agents or their 316
474-generic or therapeutic equivalents, which may not be 317
475-administered or prescribed for more than 72 hours: 318
476- 1. Acetazolamide. 319
477- 2. Methazolamide. 320
478- 321
479-Any oral ocular pharmaceutical agent that is listed in the 322
480-statutory formulary set forth in this subsection and that is 323
481-subsequently determined by the United States Food and Drug 324
482-Administration to be unsafe for administration or prescription 325
458+ (3) In addition to the formulary of topical ocular 301
459+pharmaceutical agents established by rule of the board, there i s 302
460+created a statutory formulary of oral ocular pharmaceutical 303
461+agents, which includes the following agents: 304
462+ (a) The following analgesics or their generic or 305
463+therapeutic equivalents, which may not be administered or 306
464+prescribed for more than 72 hours withou t consultation with a 307
465+physician licensed under chapter 458 or chapter 459 who is 308
466+skilled in diseases of the eye: 309
467+ 1. Tramadol hydrochloride. 310
468+ 2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 311
469+mg. 312
470+ (b) The following antibiotics or their generic or 313
471+therapeutic equivalents: 314
472+ 1. Amoxicillin with or without clavulanic acid. 315
473+ 2. Azithromycin. 316
474+ 3. Erythromycin. 317
475+ 4. Dicloxacillin. 318
476+ 5. Doxycycline/Tetracycline. 319
477+ 6. Keflex. 320
478+ 7. Minocycline. 321
479+ (c) The following antivirals or their generic or 322
480+therapeutic equivalents: 323
481+ 1. Acyclovir. 324
482+ 2. Famciclovir. 325
483483
484-CS/CS/HB 449 2025
484+CS/HB 449 2025
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb449-02-c2
490-Page 14 of 27
489+hb449-01-c1
490+Page 14 of 28
491491 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
492492
493493
494494
495-shall be considered to have been deleted from the formulary of 326
496-oral ocular pharmaceutical agents. The oral ocular 327
497-pharmaceutical agents on the statutory formulary set forth in 328
498-this subsection may not otherwise be deleted by the board, the 329
499-department, or the State Surgeo n General. 330
500- (3)(4) A certified optometrist shall be issued a 331
501-prescriber number by the board. Any prescription written by a 332
502-certified optometrist for an ocular pharmaceutical agent 333
503-pursuant to this section shall have the prescriber number 334
504-printed thereon. A certified optometrist may not administer or 335
505-prescribe any of the following : 336
506- (a) A controlled substance listed in Schedule II, Schedule 337
507-III, Schedule IV, or Schedule V of s. 893.03, except for an oral 338
508-analgesic placed on the formulary pursuant to this s ection for 339
509-the relief of pain due to ocular conditions of the eye and its 340
510-appendages; or. 341
511- (b) A controlled substance for the treatment of chronic 342
512-nonmalignant pain as defined in s. 456.44(1)(f). 343
513- Section 5. Section 463.0056, Florida Statutes, is creat ed 344
514-to read: 345
515- 463.0056 Ophthalmic procedures and therapies. — 346
516- (1)(a) An optometrist certified in ophthalmic procedures 347
517-may perform laser and non -laser ophthalmic procedures and 348
518-therapies as authorized by the board but may not perform an 349
519-ophthalmic procedure or therapy that requires preoperative 350
495+ 3. Valacyclovir. 326
496+ (d) The following oral anti -glaucoma agents or their 327
497+generic or therapeutic equivalents, which may not be 328
498+administered or prescribed for more than 72 hours: 329
499+ 1. Acetazolamide. 330
500+ 2. Methazolamide. 331
501+ 332
502+Any oral ocular pharmaceutical agent that is listed in the 333
503+statutory formulary set forth in this subsection and that is 334
504+subsequently determined by the United States Food and Drug 335
505+Administration to be unsafe for administration or prescriptio n 336
506+shall be considered to have been deleted from the formulary of 337
507+oral ocular pharmaceutical agents. The oral ocular 338
508+pharmaceutical agents on the statutory formulary set forth in 339
509+this subsection may not otherwise be deleted by the board, the 340
510+department, or the State Surgeon General. 341
511+ (3)(4) A certified optometrist shall be issued a 342
512+prescriber number by the board. Any prescription written by a 343
513+certified optometrist for an ocular pharmaceutical agent 344
514+pursuant to this section shall have the prescriber number 345
515+printed thereon. A certified optometrist may not administer or 346
516+prescribe any of the following : 347
517+ (a) A controlled substance listed in Schedule II, Schedule 348
518+III, Schedule IV, or Schedule V of s. 893.03, except for an oral 349
519+analgesic placed on the formulary pu rsuant to this section for 350
520520
521-CS/CS/HB 449 2025
521+CS/HB 449 2025
522522
523523
524524
525525 CODING: Words stricken are deletions; words underlined are additions.
526-hb449-02-c2
527-Page 15 of 27
526+hb449-01-c1
527+Page 15 of 28
528528 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
529529
530530
531531
532-medications or drug-induced alteration of consciousness. 351
533-However, an optometrist certified in ophthalmic procedures may 352
534-use medication for minimal tranquilization of the patient and 353
535-local or topical anesthesia if the chances of complications 354
536-requiring hospitalization of the pa tient as a result are remote. 355
537- (b) To be certified to perform ophthalmic procedures, a 356
538-certified optometrist must first provide proof to the department 357
539-of successful completion of a course and subsequent examination, 358
540-approved by the board, on laser and no n-laser ophthalmic 359
541-procedures and therapy. The course and examination shall be 360
542-developed and offered jointly by a statewide professional 361
543-association of physicians in this state accredited to provide 362
544-educational activities designated for the American Medica l 363
545-Association Physician's Recognition Award Category 1 credit and 364
546-a statewide professional association of licensed practitioners 365
547-which provides board -approved continuing education on an annual 366
548-basis. The board shall review and approve the content of the 367
549-initial course and examination if the board determines that the 368
550-course and examination adequately and reliably satisfy the 369
551-criteria provided in this section. The board shall thereafter 370
552-annually review and approve the examination if the board 371
553-determines that the content continues to adequately and reliably 372
554-satisfy the criteria provided in this section. Successful 373
555-completion of the board -approved course and examination may be 374
556-used by a certified optometrist to satisfy the continuing 375
532+the relief of pain due to ocular conditions of the eye and its 351
533+appendages; or. 352
534+ (b) A controlled substance for the treatment of chronic 353
535+nonmalignant pain as defined in s. 456.44(1)(f). 354
536+ Section 5. Section 463.0056, Florida St atutes, is created 355
537+to read: 356
538+ 463.0056 Ophthalmic procedures and therapies. — 357
539+ (1)(a) An optometrist certified in ophthalmic procedures 358
540+may perform laser and non -laser ophthalmic procedures and 359
541+therapies as authorized by the board but may not perform an 360
542+ophthalmic procedure or therapy that requires preoperative 361
543+medications or drug-induced alteration of consciousness. 362
544+However, an optometrist certified in ophthalmic procedures may 363
545+use medication for minimal tranquilization of the patient and 364
546+local or topical anesthesia if the chances of complications 365
547+requiring hospitalization of the patient as a result are remote. 366
548+ (b) To be certified to perform ophthalmic procedures, a 367
549+certified optometrist must first provide proof to the department 368
550+of successful completio n of a course and subsequent examination, 369
551+approved by the board, on laser and non -laser ophthalmic 370
552+procedures and therapy. The course and examination shall be 371
553+developed and offered jointly by a statewide professional 372
554+association of physicians in this state accredited to provide 373
555+educational activities designated for the American Medical 374
556+Association Physician's Recognition Award Category 1 credit and 375
557557
558-CS/CS/HB 449 2025
558+CS/HB 449 2025
559559
560560
561561
562562 CODING: Words stricken are deletions; words underlined are additions.
563-hb449-02-c2
564-Page 16 of 27
563+hb449-01-c1
564+Page 16 of 28
565565 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
566566
567567
568568
569-education requirements in s. 463.007(3) only for the biennial 376
570-period in which the board -approved course and examination are 377
571-taken. If a certified optometrist does not complete a board -378
572-approved course and examination under this section, the 379
573-certified optometrist may not perform ophtha lmic procedures 380
574-described in paragraph (a). 381
575- (2) The following ophthalmic procedures are excluded from 382
576-the scope of practice of optometry, except for the preoperative 383
577-and postoperative care of these procedures: 384
578- (a) Laser vision correction, penetrating k eratoplasty, and 385
579-corneal or lamellar keratoplasty. 386
580- (b) Laser of the vitreous chamber or retina of the eye to 387
581-treat any vitreomacular or retinal disease. 388
582- (c) Surgery of the eyelid for suspected eyelid 389
583-malignancies or for incisional cosmetic or mechanica l repair of 390
584-blepharochalasis, ptosis, or tarsorrhaphy. 391
585- (d) Surgery of the boney orbit, including, but not limited 392
586-to, orbital implants or removal of the human eye. 393
587- (e) Incisional or excisional surgery of the lacrimal 394
588-system other than lacrimal probing or related procedures. 395
589- (f) Surgery requiring full thickness incision or excision 396
590-of the cornea or sclera other than paracentesis in an emergency 397
591-situation requiring immediate reduction of elevated pressure 398
592-inside the eye. 399
593- (g) Surgery requiring incision or excision by scalpel of 400
569+a statewide professional association of licensed practitioners 376
570+which provides board -approved continuing educat ion on an annual 377
571+basis. The board shall review and approve the content of the 378
572+initial course and examination if the board determines that the 379
573+course and examination adequately and reliably satisfy the 380
574+criteria provided in this section. The board shall ther eafter 381
575+annually review and approve the examination if the board 382
576+determines that the content continues to adequately and reliably 383
577+satisfy the criteria provided in this section. Successful 384
578+completion of the board -approved course and examination may be 385
579+used by a certified optometrist to satisfy the continuing 386
580+education requirements in s. 463.007(3) only for the biennial 387
581+period in which the board -approved course and examination are 388
582+taken. If a certified optometrist does not complete a board -389
583+approved course and examination under this section, the 390
584+certified optometrist may not perform ophthalmic procedures 391
585+described in paragraph (a). 392
586+ (2) The following ophthalmic procedures are excluded from 393
587+the scope of practice of optometry, except for the preoperative 394
588+and postoperative care of these procedures: 395
589+ (a) Laser vision correction, penetrating keratoplasty, and 396
590+corneal or lamellar keratoplasty. 397
591+ (b) Laser of the vitreous chamber or retina of the eye to 398
592+treat any vitreomacular or retinal disease. 399
593+ (c) Surgery of the eyelid for suspected eyelid 400
594594
595-CS/CS/HB 449 2025
595+CS/HB 449 2025
596596
597597
598598
599599 CODING: Words stricken are deletions; words underlined are additions.
600-hb449-02-c2
601-Page 17 of 27
600+hb449-01-c1
601+Page 17 of 28
602602 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
603603
604604
605605
606-the iris and ciliary body, including, but not limited to, iris 401
607-diathermy or cryotherapy. 402
608- (h) Surgery requiring incision or excision of the vitreous 403
609-or retina. 404
610- (i) Surgery requiring incision or excision of the 405
611-crystalline lens or an intraocular prosthetic implant. 406
612- (j) Surgery involving incision or excision of the 407
613-extraocular muscles. 408
614- (k) Surgery requiring full thickness conjunctivoplasty 409
615-with graft or flap. 410
616- (l) Pterygium surgery. 411
617- (m) Any other procedure or therapy as de termined by the 412
618-board. 413
619- Section 6. Section 463.006, Florida Statutes, is amended 414
620-to read: 415
621- 463.006 Licensure and certification by examination. — 416
622- (1) Any person desiring to be a certified optometrist 417
623-under licensed practitioner pursuant to this chapter must apply 418
624-to the department, submit to background screening in accordance 419
625-with s. 456.0135, and must submit proof to the department that 420
626-she or he meets all of the following criteria : 421
627- (a) Has completed the application forms as required by the 422
628-board, remitted an application fee for certification not to 423
629-exceed $250, remitted an examination fee for certification not 424
630-to exceed $250, and remitted an examination fee for licensure 425
606+malignancies or for incisional cosmetic or mechanical repair of 401
607+blepharochalasis, ptosis, or tarsorrhaphy. 402
608+ (d) Surgery of the boney orbit, including, but not limited 403
609+to, orbital implants or removal of the human eye. 404
610+ (e) Incisional or excisional surgery of the lacrimal 405
611+system other than lacrimal probing or related procedures. 406
612+ (f) Surgery requiring full thickness incision or excision 407
613+of the cornea or sclera other than paracentesis in an emergency 408
614+situation requiring immediate reduction of elevated pressure 409
615+inside the eye. 410
616+ (g) Surgery requiring incision or excision by scalpel of 411
617+the iris and ciliary body, including, but not limited to, iris 412
618+diathermy or cryotherapy. 413
619+ (h) Surgery requiring incision or excision of the vitreous 414
620+or retina. 415
621+ (i) Surgery requiring incision or excision of the 416
622+crystalline lens or an intraocular prosthetic implant. 417
623+ (j) Surgery involving incision or excision of the 418
624+extraocular muscles. 419
625+ (k) Surgery requiring full thickness conjunctivoplasty 420
626+with graft or flap. 421
627+ (l) Pterygium surgery. 422
628+ (m) Any other procedure or therapy as determined by the 423
629+board. 424
630+ Section 6. Section 463.006, Florida Statutes, is amended 425
631631
632-CS/CS/HB 449 2025
632+CS/HB 449 2025
633633
634634
635635
636636 CODING: Words stricken are deletions; words underlined are additions.
637-hb449-02-c2
638-Page 18 of 27
637+hb449-01-c1
638+Page 18 of 28
639639 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
640640
641641
642642
643-not to exceed $325, all as set by the board. 426
644- (b) Is at least 18 years of age. 427
645- (c) Has graduated from an accredited school or college of 428
646-optometry approved by rule of the board. 429
647- (d) Is of good moral character. 430
648- (e) Has successfully completed at least 110 hours of 431
649-transcript-quality coursework and clinical training in general 432
650-and ocular pharmacology as determined by the board, at an 433
651-institution that: 434
652- 1. Has facilities for both didactic and clinical 435
653-instructions in pharmacology; and 436
654- 2. Is accredited by a regional or professional accrediting 437
655-organization that is recognized and a pproved by the Commission 438
656-on Recognition of Postsecondary Accreditation or the United 439
657-States Department of Education. 440
658- (f) Has completed at least 1 year of supervised experience 441
659-in differential diagnosis of eye disease or disorders as part of 442
660-the optometric training or in a clinical setting as part of the 443
661-optometric experience. 444
662- (g) Has successfully completed and passed a course and 445
663-examination as provided in s. 463.0055(1)(b). 446
664- (2) The board shall approve a licensure examination 447
665-consisting of the appropr iate subjects and including applicable 448
666-state laws and rules and general and ocular pharmacology with 449
667-emphasis on the use and side effects of ocular pharmaceutical 450
643+to read: 426
644+ 463.006 Licensure and certification by examination. — 427
645+ (1) Any person desiring to be a certified optometrist 428
646+under licensed practitioner pursuant to this chapter must apply 429
647+to the department, submit to background screening in accordance 430
648+with s. 456.0135, and must submit proof to the department that 431
649+she or he meets all of the following criteria: 432
650+ (a) Has completed the application forms as required by the 433
651+board, remitted an application fee for certification not to 434
652+exceed $250, remitted an examination fee for certification not 435
653+to exceed $250, and remitted an examination fee for licensure 436
654+not to exceed $325, all as set by the board. 437
655+ (b) Is at least 18 years of age. 438
656+ (c) Has graduated from an accredited school or college of 439
657+optometry approved by rule of the board. 440
658+ (d) Is of good moral character. 441
659+ (e) Has successfully completed at least 110 hours of 442
660+transcript-quality coursework and clinical training in general 443
661+and ocular pharmacology as determined by the board, at an 444
662+institution that: 445
663+ 1. Has facilities for both didactic and clinical 446
664+instructions in pharmacology; and 447
665+ 2. Is accredited by a regional or professional accrediting 448
666+organization that is recognized and approved by the Commission 449
667+on Recognition of Postsecondary Accreditation or the United 450
668668
669-CS/CS/HB 449 2025
669+CS/HB 449 2025
670670
671671
672672
673673 CODING: Words stricken are deletions; words underlined are additions.
674-hb449-02-c2
675-Page 19 of 27
674+hb449-01-c1
675+Page 19 of 28
676676 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
677677
678678
679679
680-agents. The board may by rule substitute a national examination 451
681-as part or all of the examina tion and, notwithstanding chapter 452
682-456, may by rule offer a practical examination in addition to a 453
683-written examination. The board shall determine the required 454
684-content, grading criteria, and passing score for the licensure 455
685-examination. 456
686- (3) Each applicant w ho submits proof satisfactory to the 457
687-board that he or she has met the requirements of subsection (1), 458
688-who successfully passes the licensure examination within 3 years 459
689-before the date of application or within 3 years after the 460
690-submission of an application, and who otherwise meets the 461
691-requirements of this chapter is entitled to be licensed as a 462
692-certified optometrist practitioner and to be certified to 463
693-administer and prescribe ocular pharmaceutical agents in the 464
694-diagnosis and treatment of ocular conditions . 465
695- (4) All optometrists initially licensed on or after July 466
696-1, 2025, must be licensed as a certified optometrist. 467
697- Section 7. Subsection (4) of section 463.007, Florida 468
698-Statutes, is renumbered as subsection (5) and a new subsection 469
699-(4) is added to that sec tion, to read: 470
700- 463.007 Renewal of license; continuing education. — 471
701- (4) As of July 1, 2025, successful completion of the 472
702-course and passage of the examination specified in s. 473
703-463.0055(1)(b) is required as a condition of licensure renewal 474
704-for any certified optometrist who has not already successfully 475
680+States Department of Education. 451
681+ (f) Has completed at least 1 year of supervised experien ce 452
682+in differential diagnosis of eye disease or disorders as part of 453
683+the optometric training or in a clinical setting as part of the 454
684+optometric experience. 455
685+ (g) Has successfully completed and passed a course and 456
686+examination as provided in s. 463.0055(1)(b). 457
687+ (2) The board shall approve a licensure examination 458
688+consisting of the appropriate subjects and including applicable 459
689+state laws and rules and general and ocular pharmacology with 460
690+emphasis on the use and side effects of ocular pharmaceutical 461
691+agents. The board may by rule substitute a national examination 462
692+as part or all of the examination and, notwithstanding chapter 463
693+456, may by rule offer a practical examination in addition to a 464
694+written examination. The board shall determine the required 465
695+content, grading criteria, and passing score for the licensure 466
696+examination. 467
697+ (3) Each applicant who submits proof satisfactory to the 468
698+board that he or she has met the requirements of subsection (1), 469
699+who successfully passes the licensure examination within 3 years 470
700+before the date of application or within 3 years after the 471
701+submission of an application, and who otherwise meets the 472
702+requirements of this chapter is entitled to be licensed as a 473
703+certified optometrist practitioner and to be certified to 474
704+administer and prescribe ocul ar pharmaceutical agents in the 475
705705
706-CS/CS/HB 449 2025
706+CS/HB 449 2025
707707
708708
709709
710710 CODING: Words stricken are deletions; words underlined are additions.
711-hb449-02-c2
712-Page 20 of 27
711+hb449-01-c1
712+Page 20 of 28
713713 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
714714
715715
716716
717-completed the course and passed the examination. 476
718- Section 8. Subsections (12) and (13) are added to section 477
719-463.0135, Florida Statutes, to read: 478
720- 463.0135 Standards of practice. — 479
721- (12) Certified optometri sts may remove superficial foreign 480
722-bodies. For the purpose of this subsection, the term 481
723-"superficial foreign bodies" means any foreign matter that is 482
724-embedded in the conjunctiva or cornea that has not penetrated 483
725-the globe. Notwithstanding the definition of surgery in s. 484
726-463.002, a certified optometrist may provide any optometric care 485
727-within the scope of practice of optometry as defined in s. 486
728-463.002, including, but not limited to, removing an eyelash, 487
729-removal of eyelid skin tags, removal of styes, ophthalmi c 488
730-procedures as defined and approved by the board, probing an 489
731-uninflamed tear duct in a patient 18 years of age or older, 490
732-blocking the puncta, or superficial scraping for the purpose of 491
733-removing damaged epithelial tissue or superficial foreign bodies 492
734-or taking a culture of the surface of the cornea or conjunctiva. 493
735- (13) A licensed practitioner who is not a certified 494
736-optometrist is required to display at her or his place of 495
737-practice a sign that states, "I am a Licensed Practitioner, not 496
738-a Certified Optometr ist, and I am not able to prescribe ocular 497
739-pharmaceutical agents or perform ophthalmic procedures." 498
740- Section 9. Subsections (1), (4), and (5) of section 499
741-463.014, Florida Statutes, are amended, to read: 500
717+diagnosis and treatment of ocular conditions . 476
718+ (4) All optometrists initially licensed on or after July 477
719+1, 2025, must be licensed as a certified optometrist. 478
720+ Section 7. Subsection (4) of section 463.007, Florida 479
721+Statutes, is renumbered as subsection (5) and a new subsection 480
722+(4) is added to that section, to read: 481
723+ 463.007 Renewal of license; continuing education. — 482
724+ (4) As of July 1, 2025, successful completion of the 483
725+course and passage of the examination specified in s. 484
726+463.0055(1)(b) is required as a condition of licensure renewal 485
727+for any certified optometrist who has not already successfully 486
728+completed the course and passed the examination. 487
729+ Section 8. Subsections (12) and (13) are added to section 488
730+463.0135, Florida Statutes, to read: 489
731+ 463.0135 Standards of practice. — 490
732+ (12) Certified optometrists may remove superficial foreign 491
733+bodies. For the purpose of this subsection, the term 492
734+"superficial foreign bodies" means any foreign matter that is 493
735+embedded in the conjunctiv a or cornea that has not penetrated 494
736+the globe. Notwithstanding the definition of surgery in s. 495
737+463.002, a certified optometrist may provide any optometric care 496
738+within the scope of practice of optometry as defined in s. 497
739+463.002, including, but not limited t o, removing an eyelash, 498
740+removal of eyelid skin tags, removal of styes, ophthalmic 499
741+procedures as defined and approved by the board, probing an 500
742742
743-CS/CS/HB 449 2025
743+CS/HB 449 2025
744744
745745
746746
747747 CODING: Words stricken are deletions; words underlined are additions.
748-hb449-02-c2
749-Page 21 of 27
748+hb449-01-c1
749+Page 21 of 28
750750 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
751751
752752
753753
754- 463.014 Certain acts prohibited. — 501
755- (1)(a) A No corporation, lay body, organization, or 502
756-individual other than a licensed practitioner may not shall 503
757-engage in the practice of optometry through the means of 504
758-engaging the services, upon a salary, commission, or other means 505
759-or inducement, of any person licens ed to practice optometry in 506
760-this state. Nothing in This section does not shall be deemed to 507
761-prohibit the association of a licensed practitioner with a 508
762-multidisciplinary group of licensed health care professionals, 509
763-the primary objective of which is the diagnosis and treatment of 510
764-the human body. 511
765- (b) A No licensed practitioner may not shall engage in the 512
766-practice of optometry with any corporation, organization, group, 513
767-or lay individual. This paragraph does provision shall not 514
768-prohibit licensed practitioners from employing, or from forming 515
769-partnerships or professional associations with, licensed 516
770-practitioners licensed in this state or with other licensed 517
771-health care professionals, the primary objective of whom is the 518
772-diagnosis and treatment of the human body. 519
773- (c) A No rule of the board may not shall forbid the 520
774-practice of optometry in or on the pr emises of a commercial or 521
775-mercantile establishment. Notwithstanding this paragraph, a 522
776-commercial or mercantile establishment or other such entity may 523
777-not have any control over the manner in which a licensee under 524
778-this chapter practices optometry. Any viola tion of this 525
754+uninflamed tear duct in a patient 18 years of age or older, 501
755+blocking the puncta, or superficial scraping for the p urpose of 502
756+removing damaged epithelial tissue or superficial foreign bodies 503
757+or taking a culture of the surface of the cornea or conjunctiva. 504
758+ (13) A licensed practitioner who is not a certified 505
759+optometrist is required to display at her or his place of 506
760+practice a sign that states, "I am a Licensed Practitioner, not 507
761+a Certified Optometrist, and I am not able to prescribe ocular 508
762+pharmaceutical agents or perform ophthalmic procedures." 509
763+ Section 9. Subsections (1), (4), and (5) of section 510
764+463.014, Florida Sta tutes, are amended, to read: 511
765+ 463.014 Certain acts prohibited. — 512
766+ (1)(a) A No corporation, lay body, organization, or 513
767+individual other than a licensed practitioner may not shall 514
768+engage in the practice of optometry through the means of 515
769+engaging the service s, upon a salary, commission, or other means 516
770+or inducement, of any person licensed to practice optometry in 517
771+this state. Nothing in This section does not shall be deemed to 518
772+prohibit the association of a licensed practitioner with a 519
773+multidisciplinary group o f licensed health care professionals, 520
774+the primary objective of which is the diagnosis and treatment of 521
775+the human body. 522
776+ (b) A No licensed practitioner may not shall engage in the 523
777+practice of optometry with any corporation, organization, group, 524
778+or lay individual. This paragraph does provision shall not 525
779779
780-CS/CS/HB 449 2025
780+CS/HB 449 2025
781781
782782
783783
784784 CODING: Words stricken are deletions; words underlined are additions.
785-hb449-02-c2
786-Page 22 of 27
785+hb449-01-c1
786+Page 22 of 28
787787 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
788788
789789
790790
791-paragraph will be deemed as unlicensed practice of optometry as 526
792-specified in s. 463.015(1)(a). Individual owners, officers, or 527
793-directors of any commercial or mercantile establishment or other 528
794-such entity in violation of this section will be de emed to have 529
795-committed the unlicensed practice of optometry. 530
796- (d) A No licensed practitioner may not practice under 531
797-practice identification names, trade names, or service names, 532
798-unless any dissemination of information by the practitioner to 533
799-consumers contains the name under which the practitioner is 534
800-licensed or that of the professional association in which the 535
801-practitioner participates. Any advertisement or other 536
802-dissemination of information to consumers may contain factual 537
803-information as to the geographic location of licensed 538
804-practitioners or of the availability of optometric services. 539
805- (e) A No licensed practitioner may not shall adopt and 540
806-publish or cause to be published any practice identification 541
807-name, trade name, or service name which is, contains, o r is 542
808-intended to serve as an affirmation of the quality or 543
809-competitive value of the optometric services provided at the 544
810-identified practice. 545
811- (4) Surgery of any kind is expressly prohibited. Certified 546
812-optometrists may remove superficial foreign bodies. Fo r the 547
813-purposes of this subsection, the term "superficial foreign 548
814-bodies" means any foreign matter that is embedded in the 549
815-conjunctiva or cornea but that has not penetrated the globe. 550
791+prohibit licensed practitioners from employing, or from forming 526
792+partnerships or professional associations with, licen sed 527
793+practitioners licensed in this state or with other licensed 528
794+health care professionals, the primary objective of whom is the 529
795+diagnosis and treatment of the human body. 530
796+ (c) A No rule of the board may not shall forbid the 531
797+practice of optometry in or on the premises of a commercial or 532
798+mercantile establishment. Notwithstanding this paragraph, a 533
799+commercial or mercantile establishment or other such entity may 534
800+not have any control over the manner in which a licensee under 535
801+this chapter practices optometry. Any violation of this 536
802+paragraph will be deemed as unlicensed practice of optometry as 537
803+specified in s. 463.015(1)(a). Individual owners, officers, or 538
804+directors of any commercial or mercantile establishment or other 539
805+such entity in violation of this section will be deemed to have 540
806+committed the unlicensed practice of optometry. 541
807+ (d) A No licensed practitioner may not practice under 542
808+practice identification names, trade names, or service names, 543
809+unless any dissemination of information by the practitioner to 544
810+consumers contains the name under which the practitioner is 545
811+licensed or that of the professional association in which the 546
812+practitioner participates. Any advertisement or other 547
813+dissemination of information to consumers may contain factual 548
814+information as to the geog raphic location of licensed 549
815+practitioners or of the availability of optometric services. 550
816816
817-CS/CS/HB 449 2025
817+CS/HB 449 2025
818818
819819
820820
821821 CODING: Words stricken are deletions; words underlined are additions.
822-hb449-02-c2
823-Page 23 of 27
822+hb449-01-c1
823+Page 23 of 28
824824 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
825825
826826
827827
828-Notwithstanding the definition of surgery as provided in s. 551
829-463.002(6), a certified optometrist is not prohibited from 552
830-providing any optometric care within the practice of optometry 553
831-as defined in s. 463.002(7), such as removing an eyelash by 554
832-epilation, probing an uninflamed tear duct in a patient 18 years 555
833-of age or older, block ing the puncta by plug, or superficial 556
834-scraping for the purpose of removing damaged epithelial tissue 557
835-or superficial foreign bodies or taking a culture of the surface 558
836-of the cornea or conjunctiva. 559
837- (4)(5) A No rule of the board may not shall prohibit a 560
838-licensed practitioner from authorizing a board -certified 561
839-optician to fill, fit, adapt, or dispense a contact lens 562
840-prescription as authorized under chapter 484. 563
841- Section 10. Section 463.009, Florida Statutes, is amended 564
842-to read: 565
843- 463.009 Supportive person nel.—No person other than a 566
844-licensed practitioner may engage in the practice of optometry as 567
845-defined in s. 463.002 s. 463.002(7). Except as provided in this 568
846-section, under no circumstances shall nonlicensed supportive 569
847-personnel be delegated diagnosis or tr eatment duties; however, 570
848-such personnel may perform data gathering, preliminary testing, 571
849-prescribed visual therapy, and related duties under the direct 572
850-supervision of the licensed practitioner. Nonlicensed personnel, 573
851-who need not be employees of the licens ed practitioner, may 574
852-perform ministerial duties, tasks, and functions assigned to 575
828+ (e) A No licensed practitioner may not shall adopt and 551
829+publish or cause to be published any practice identification 552
830+name, trade name, or service name which is, conta ins, or is 553
831+intended to serve as an affirmation of the quality or 554
832+competitive value of the optometric services provided at the 555
833+identified practice. 556
834+ (4) Surgery of any kind is expressly prohibited. Certified 557
835+optometrists may remove superficial foreign bodi es. For the 558
836+purposes of this subsection, the term "superficial foreign 559
837+bodies" means any foreign matter that is embedded in the 560
838+conjunctiva or cornea but that has not penetrated the globe. 561
839+Notwithstanding the definition of surgery as provided in s. 562
840+463.002(6), a certified optometrist is not prohibited from 563
841+providing any optometric care within the practice of optometry 564
842+as defined in s. 463.002(7), such as removing an eyelash by 565
843+epilation, probing an uninflamed tear duct in a patient 18 years 566
844+of age or older, blocking the puncta by plug, or superficial 567
845+scraping for the purpose of removing damaged epithelial tissue 568
846+or superficial foreign bodies or taking a culture of the surface 569
847+of the cornea or conjunctiva. 570
848+ (4)(5) A No rule of the board may not shall prohibit a 571
849+licensed practitioner from authorizing a board -certified 572
850+optician to fill, fit, adapt, or dispense a contact lens 573
851+prescription as authorized under chapter 484. 574
852+ Section 10. Section 463.009, Florida Statutes, is amended 575
853853
854-CS/CS/HB 449 2025
854+CS/HB 449 2025
855855
856856
857857
858858 CODING: Words stricken are deletions; words underlined are additions.
859-hb449-02-c2
860-Page 24 of 27
859+hb449-01-c1
860+Page 24 of 28
861861 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
862862
863863
864864
865-them by and performed under the general supervision of a 576
866-licensed practitioner, including obtaining information from 577
867-consumers for the purpose of making appointments for the 578
868-licensed practitioner. The licensed practitioner shall be 579
869-responsible for all delegated acts performed by persons under 580
870-her or his direct and general supervision. 581
871- Section 11. Section 463.0185, Florida Statutes, is created 582
872-to read: 583
873- 463.0185 Certified optometrist titles and abbreviations. —584
874-An optometrist licensed under chapter 463 may use the following 585
875-titles and abbreviations as applicable to his or her license and 586
876-certification, including "optometrist," "licensed optometrist," 587
877-"Doctor of Optometry," "O .D.," "optometric physician," "board 588
878-certified optometrist," "board certified optometric physician," 589
879-"American Board of Optometry (ABO) certified," "Fellow of the 590
880-American Academy of Optometry," "Fellow of the College of 591
881-Optometrists in Vision Development, " "Residency-trained," 592
882-"Diplomate of the American Board of Optometry," or other titles 593
883-or abbreviations authorized under his or her practice act. 594
884- Section 12. Section 463.0187, Florida Statutes, is created 595
885-to read: 596
886- 463.0187 Financial responsibility. — 597
887- (1) As a condition of licensure and maintaining an active 598
888-license, and before to the issuance or renewal of an active 599
889-license or reactivation of an inactive license for the practice 600
865+to read: 576
866+ 463.009 Supportive personnel.—No person other than a 577
867+licensed practitioner may engage in the practice of optometry as 578
868+defined in s. 463.002 s. 463.002(7). Except as provided in this 579
869+section, under no circumstances shall nonlicensed supportive 580
870+personnel be delegated diagnosis or treatment duties; however, 581
871+such personnel may perform data gathering, preliminary testing, 582
872+prescribed visual therapy, and related duties under the direct 583
873+supervision of the licensed practitioner. Nonlicensed personnel, 584
874+who need not be employees of the licensed practitioner, may 585
875+perform ministerial duties, tasks, and functions assigned to 586
876+them by and performed under the general supervision of a 587
877+licensed practitioner, including obtaining information from 588
878+consumers for the purpose of making appointments fo r the 589
879+licensed practitioner. The licensed practitioner shall be 590
880+responsible for all delegated acts performed by persons under 591
881+her or his direct and general supervision. 592
882+ Section 11. Section 463.0185, Florida Statutes, is created 593
883+to read: 594
884+ 463.0185 Certified optometrist titles and abbreviations. —595
885+An optometrist licensed under chapter 463 may use the following 596
886+titles and abbreviations as applicable to his or her license and 597
887+certification, including "optometrist," "licensed optometrist," 598
888+"Doctor of Optometry," "O.D.," "optometric physician," "board 599
889+certified optometrist," "board certified optometric physician," 600
890890
891-CS/CS/HB 449 2025
891+CS/HB 449 2025
892892
893893
894894
895895 CODING: Words stricken are deletions; words underlined are additions.
896-hb449-02-c2
897-Page 25 of 27
896+hb449-01-c1
897+Page 25 of 28
898898 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
899899
900900
901901
902-of optometry, an applicant must demonstrate to the satisfaction 601
903-of the board financial responsibility to pay claims and costs 602
904-ancillary thereto arising out of the rendering of, or the 603
905-failure to render, optometric care or services, by one of the 604
906-following methods: 605
907- (a) Establishing and maintaining an escrow account 606
908-consisting of cash or assets eligible for deposit in accordance 607
909-with s. 625.52 in the per claim amounts specified in paragraph 608
910-(b). The required escrow amount provided in paragraph (b) may 609
911-not be used for litigation costs or attorney fees for the 610
912-defense of any malpractice claim; 611
913- (b) Obtaining and maintaining professional liability 612
914-coverage in an amount not less than $100,000 per claim, with a 613
915-minimum annual aggregate of not less than $300,000, from an 614
916-authorized insurer as defined under s. 624.09, from an eligible 615
917-surplus lines insurer as defined under s. 626.914(2), from a 616
918-risk retention group as defined under s. 627.942, or through a 617
919-plan of self-insurance as provided in s. 627.357. The required 618
920-coverage amount set forth in this paragraph may not be used for 619
921-litigation costs or attorney fees for the defense of any 620
922-malpractice claim; or 621
923- (c) Obtaining and maintaining an unexpired, irrevocable 622
924-letter of credit, established pursuant to chapter 675, in an 623
925-amount not less than $100,000 per claim, with a minimum 624
926-aggregate availability of credit of not less than $300,000. The 625
902+"American Board of Optometry (ABO) certified," "Fellow of the 601
903+American Academy of Optometry," "Fellow of the College of 602
904+Optometrists in Vision Development," "Residency -trained," 603
905+"Diplomate of the American Board of Optometry," or other titles 604
906+or abbreviations authorized under his or her practice act. 605
907+ Section 12. Section 463.0186, Florida Statutes, is created 606
908+to read: 607
909+ 463.0186 Advertisements.— 608
910+ (1) All advertisements must clearly denote with words or 609
911+proper abbreviation that the optometrist is engaged in the 610
912+practice of optometry. 611
913+ (2) An individual licensed under this chapter may use 612
914+appropriate terms and titles, as determined by th e board, in 613
915+advertisements to describe certifications and education the 614
916+licensed individual has successfully achieved. 615
917+ (3) A person or entity other than an individual licensed 616
918+under this chapter, or an entity lawfully permitted to employ an 617
919+individual licensed under this chapter, is not permitted to 618
920+advertise for optometric services. Any violation of this section 619
921+will be deemed the unlicensed practice of optometry as provided 620
922+in s. 463.015(1)(a). Individual owners, officers, and directors 621
923+of an entity in violation of this section will be deemed to have 622
924+committed the unlicensed practice of optometry. 623
925+ (4) An individual licensed under this chapter has the duty 624
926+to review and proof all advertisements before publication, and 625
927927
928-CS/CS/HB 449 2025
928+CS/HB 449 2025
929929
930930
931931
932932 CODING: Words stricken are deletions; words underlined are additions.
933-hb449-02-c2
934-Page 26 of 27
933+hb449-01-c1
934+Page 26 of 28
935935 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
936936
937937
938938
939-letter of credit must be payable to the optometrist as 626
940-beneficiary upon presentment of a final judgment indicating 627
941-liability and awarding damages to be paid by the optometrist or 628
942-upon presentment of a settlement agreement signed by all parties 629
943-to such agreement when such final judgment or settlement is a 630
944-result of a claim arising out of the rendering of, or the 631
945-failure to render, optometric care and services. The letter of 632
946-credit may not be used for litigation costs or attorney fees for 633
947-the defense of any malpractice claim. The letter of credit must 634
948-be nonassignable and nontransferable and such letter of credit 635
949-must be issued by any bank or savings association organized and 636
950-existing under the laws of this state or any bank or savings 637
951-association organized under the laws of the United States which 638
952-has its principal place of business in this state or has a 639
953-branch office that is authorized under the laws of this state or 640
954-of the United States to receive de posits in this state. 641
955- (2) This section applies to individuals registered as an 642
956-out-of-state telehealth provider under s. 456.47(4). 643
957- Section 13. Subsection (19) of section 641.31, Florida 644
958-Statutes, is amended to read: 645
959- 641.31 Health maintenance contr acts.— 646
960- (19) Notwithstanding any other provision of law, health 647
961-maintenance policies or contracts which provide coverage, 648
962-benefits, or services as described in s. 463.002 s. 463.002(7), 649
963-shall offer to the subscriber the services of an optometrist 650
939+is fully responsible for the conten t therein. 626
940+ Section 13. Section 463.0187, Florida Statutes, is created 627
941+to read: 628
942+ 463.0187 Financial responsibility. — 629
943+ (1) As a condition of licensure and maintaining an active 630
944+license, and before to the issuance or renewal of an active 631
945+license or reactivation of an inactive license for the practice 632
946+of optometry, an applicant must demonstrate to the satisfaction 633
947+of the board financial responsibility to pay claims and costs 634
948+ancillary thereto arising out of the rendering of, or the 635
949+failure to render, opto metric care or services, by one of the 636
950+following methods: 637
951+ (a) Establishing and maintaining an escrow account 638
952+consisting of cash or assets eligible for deposit in accordance 639
953+with s. 625.52 in the per claim amounts specified in paragraph 640
954+(b). The required escrow amount provided in paragraph (b) may 641
955+not be used for litigation costs or attorney fees for the 642
956+defense of any malpractice claim; 643
957+ (b) Obtaining and maintaining professional liability 644
958+coverage in an amount not less than $100,000 per claim, with a 645
959+minimum annual aggregate of not less than $300,000, from an 646
960+authorized insurer as defined under s. 624.09, from an eligible 647
961+surplus lines insurer as defined under s. 626.914(2), from a 648
962+risk retention group as defined under s. 627.942, or through a 649
963+plan of self-insurance as provided in s. 627.357. The required 650
964964
965-CS/CS/HB 449 2025
965+CS/HB 449 2025
966966
967967
968968
969969 CODING: Words stricken are deletions; words underlined are additions.
970-hb449-02-c2
971-Page 27 of 27
970+hb449-01-c1
971+Page 27 of 28
972972 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
973973
974974
975975
976-licensed pursuant to chapter 463. 651
977- Section 14. This act shall take effect July 1, 2025. 652
976+coverage amount set forth in this paragraph may not be used for 651
977+litigation costs or attorney fees for the defense of any 652
978+malpractice claim; or 653
979+ (c) Obtaining and maintaining an unexpired, irrevocable 654
980+letter of credit, established pursuant to chapter 675, in an 655
981+amount not less than $100,000 per claim, with a minimum 656
982+aggregate availability of credit of not less than $300,000. The 657
983+letter of credit must be payable to the optometrist as 658
984+beneficiary upon pre sentment of a final judgment indicating 659
985+liability and awarding damages to be paid by the optometrist or 660
986+upon presentment of a settlement agreement signed by all parties 661
987+to such agreement when such final judgment or settlement is a 662
988+result of a claim arising out of the rendering of, or the 663
989+failure to render, optometric care and services. The letter of 664
990+credit may not be used for litigation costs or attorney fees for 665
991+the defense of any malpractice claim. The letter of credit must 666
992+be nonassignable and nontransfe rable and such letter of credit 667
993+must be issued by any bank or savings association organized and 668
994+existing under the laws of this state or any bank or savings 669
995+association organized under the laws of the United States which 670
996+has its principal place of business in this state or has a 671
997+branch office that is authorized under the laws of this state or 672
998+of the United States to receive deposits in this state. 673
999+ (2) This section applies to individuals registered as an 674
1000+out-of-state telehealth provider under s. 456.47(4). 675
1001+
1002+CS/HB 449 2025
1003+
1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
1007+hb449-01-c1
1008+Page 28 of 28
1009+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
1010+
1011+
1012+
1013+ Section 14. Subsection (19) of section 641.31, Florida 676
1014+Statutes, is amended to read: 677
1015+ 641.31 Health maintenance contracts. — 678
1016+ (19) Notwithstanding any other provision of law, health 679
1017+maintenance policies or contracts which provide coverage, 680
1018+benefits, or services as described in s. 463.002 s. 463.002(7), 681
1019+shall offer to the subscriber the services of an optometrist 682
1020+licensed pursuant to chapter 463. 683
1021+ Section 15. This act shall take effect July 1, 2025. 684