Florida Senate - 2008 SB 1682
By Senator King
8-04065-08 20081682__
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A reviser's bill to be entitled
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An act relating to the Florida Statutes; amending ss.
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to the directive of the Legislature in s. 3, ch. 2007-40,
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Laws of Florida, to redesignate the Secretary of Health as
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the State Surgeon General wherever the term appears in the
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Florida Statutes.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (2) of section
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14.20195, Florida Statutes, is amended to read:
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14.20195 Suicide Prevention Coordinating Council; creation;
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membership; duties.--There is created within the Statewide Office
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for Suicide Prevention a Suicide Prevention Coordinating Council.
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The council shall develop strategies for preventing suicide.
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(2) MEMBERSHIP.--The Suicide Prevention Coordinating
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Council shall consist of 28 voting members.
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(b) The following state officials or their designees shall
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serve on the coordinating council:
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1. The Secretary of Elderly Affairs.
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2. The State Surgeon General Secretary of Health.
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3. The Commissioner of Education.
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4. The Secretary of Health Care Administration.
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5. The Secretary of Juvenile Justice.
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6. The Secretary of Corrections.
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7. The executive director of the Department of Law
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Enforcement.
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8. The executive director of the Department of Veterans'
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Affairs.
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9. The Secretary of Children and Family Services.
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10. The director of the Agency for Workforce Innovation.
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Section 2. Paragraph (e) of subsection (1) of section
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16.615, Florida Statutes, is amended to read:
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16.615 Council on the Social Status of Black Men and
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Boys.--
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(1) The Council on the Social Status of Black Men and Boys
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is established within the Department of Legal Affairs and shall
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consist of 19 members appointed as follows:
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(e) The State Surgeon General Secretary of Health or his or
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her designee.
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Section 3. Paragraph (c) of subsection (7) of section
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39.001, Florida Statutes, is amended to read:
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39.001 Purposes and intent; personnel standards and
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screening.--
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(7) OFFICE OF ADOPTION AND CHILD PROTECTION.--
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(c) The office is authorized and directed to:
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1. Oversee the preparation and implementation of the state
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plan established under subsection (8) and revise and update the
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state plan as necessary.
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2. Provide for or make available continuing professional
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education and training in the prevention of child abuse and
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neglect.
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3. Work to secure funding in the form of appropriations,
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gifts, and grants from the state, the Federal Government, and
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other public and private sources in order to ensure that
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sufficient funds are available for the promotion of adoption,
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support of adoptive families, and child abuse prevention efforts.
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4. Make recommendations pertaining to agreements or
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contracts for the establishment and development of:
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a. Programs and services for the promotion of adoption,
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support of adoptive families, and prevention of child abuse and
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neglect.
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b. Training programs for the prevention of child abuse and
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neglect.
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c. Multidisciplinary and discipline-specific training
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programs for professionals with responsibilities affecting
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children, young adults, and families.
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d. Efforts to promote adoption.
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e. Postadoptive services to support adoptive families.
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5. Monitor, evaluate, and review the development and
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quality of local and statewide services and programs for the
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promotion of adoption, support of adoptive families, and
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prevention of child abuse and neglect and shall publish and
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distribute an annual report of its findings on or before January
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1 of each year to the Governor, the Speaker of the House of
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Representatives, the President of the Senate, the head secretary
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of each state agency affected by the report, and the appropriate
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substantive committees of the Legislature. The report shall
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include:
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a. A summary of the activities of the office.
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b. A summary of the adoption data collected and reported to
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the federal Adoption and Foster Care Analysis and Reporting
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System (AFCARS) and the federal Administration for Children and
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Families.
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c. A summary of the child abuse prevention data collected
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and reported to the National Child Abuse and Neglect Data System
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(NCANDS) and the federal Administration for Children and
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Families.
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d. A summary detailing the timeliness of the adoption
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process for children adopted from within the child welfare
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system.
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e. Recommendations, by state agency, for the further
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development and improvement of services and programs for the
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promotion of adoption, support of adoptive families, and
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prevention of child abuse and neglect.
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f. Budget requests, adoption promotion and support needs,
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and child abuse prevention program needs by state agency.
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6. Work with the direct-support organization established
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under s. 39.0011 to receive financial assistance.
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Section 4. Section 39.303, Florida Statutes, is amended to
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read:
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39.303 Child protection teams; services; eligible
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cases.--The Children's Medical Services Program in the Department
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of Health shall develop, maintain, and coordinate the services of
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one or more multidisciplinary child protection teams in each of
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the service districts of the Department of Children and Family
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Services. Such teams may be composed of appropriate
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representatives of school districts and appropriate health,
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mental health, social service, legal service, and law enforcement
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agencies. The Legislature finds that optimal coordination of
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child protection teams and sexual abuse treatment programs
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requires collaboration between the Department of Health and the
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Department of Children and Family Services. The two departments
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shall maintain an interagency agreement that establishes
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protocols for oversight and operations of child protection teams
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and sexual abuse treatment programs. The State Surgeon General
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Secretary of Health and the Deputy Secretary for Children's
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Medical Services, in consultation with the Secretary of Children
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and Family Services, shall maintain the responsibility for the
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screening, employment, and, if necessary, the termination of
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child protection team medical directors, at headquarters and in
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the 15 districts. Child protection team medical directors shall
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be responsible for oversight of the teams in the districts.
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(1) The Department of Health shall utilize and convene the
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teams to supplement the assessment and protective supervision
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activities of the family safety and preservation program of the
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Department of Children and Family Services. Nothing in this
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section shall be construed to remove or reduce the duty and
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responsibility of any person to report pursuant to this chapter
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all suspected or actual cases of child abuse, abandonment, or
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neglect or sexual abuse of a child. The role of the teams shall
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be to support activities of the program and to provide services
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deemed by the teams to be necessary and appropriate to abused,
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abandoned, and neglected children upon referral. The specialized
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diagnostic assessment, evaluation, coordination, consultation,
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and other supportive services that a child protection team shall
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be capable of providing include, but are not limited to, the
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following:
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(a) Medical diagnosis and evaluation services, including
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provision or interpretation of X rays and laboratory tests, and
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related services, as needed, and documentation of findings
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relative thereto.
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(b) Telephone consultation services in emergencies and in
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other situations.
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(c) Medical evaluation related to abuse, abandonment, or
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neglect, as defined by policy or rule of the Department of
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Health.
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(d) Such psychological and psychiatric diagnosis and
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evaluation services for the child or the child's parent or
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parents, legal custodian or custodians, or other caregivers, or
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any other individual involved in a child abuse, abandonment, or
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neglect case, as the team may determine to be needed.
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(e) Expert medical, psychological, and related professional
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testimony in court cases.
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(f) Case staffings to develop treatment plans for children
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whose cases have been referred to the team. A child protection
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team may provide consultation with respect to a child who is
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alleged or is shown to be abused, abandoned, or neglected, which
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consultation shall be provided at the request of a representative
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of the family safety and preservation program or at the request
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of any other professional involved with a child or the child's
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parent or parents, legal custodian or custodians, or other
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caregivers. In every such child protection team case staffing,
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consultation, or staff activity involving a child, a family
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safety and preservation program representative shall attend and
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participate.
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(g) Case service coordination and assistance, including the
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location of services available from other public and private
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agencies in the community.
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(h) Such training services for program and other employees
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of the Department of Children and Family Services, employees of
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the Department of Health, and other medical professionals as is
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deemed appropriate to enable them to develop and maintain their
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professional skills and abilities in handling child abuse,
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abandonment, and neglect cases.
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(i) Educational and community awareness campaigns on child
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abuse, abandonment, and neglect in an effort to enable citizens
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more successfully to prevent, identify, and treat child abuse,
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abandonment, and neglect in the community.
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(j) Child protection team assessments that include, as
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appropriate, medical evaluations, medical consultations, family
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psychosocial interviews, specialized clinical interviews, or
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forensic interviews.
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All medical personnel participating on a child protection team
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must successfully complete the required child protection team
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training curriculum as set forth in protocols determined by the
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Deputy Secretary for Children's Medical Services and the
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Statewide Medical Director for Child Protection.
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(2) The child abuse, abandonment, and neglect reports that
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must be referred by the department to child protection teams of
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the Department of Health for an assessment and other appropriate
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available support services as set forth in subsection (1) must
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include cases involving:
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(a) Injuries to the head, bruises to the neck or head,
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burns, or fractures in a child of any age.
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(b) Bruises anywhere on a child 5 years of age or under.
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(c) Any report alleging sexual abuse of a child.
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(d) Any sexually transmitted disease in a prepubescent
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child.
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(e) Reported malnutrition of a child and failure of a child
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to thrive.
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(f) Reported medical neglect of a child.
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(g) Any family in which one or more children have been
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pronounced dead on arrival at a hospital or other health care
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facility, or have been injured and later died, as a result of
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suspected abuse, abandonment, or neglect, when any sibling or
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other child remains in the home.
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(h) Symptoms of serious emotional problems in a child when
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emotional or other abuse, abandonment, or neglect is suspected.
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(3) All abuse and neglect cases transmitted for
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investigation to a district by the hotline must be simultaneously
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transmitted to the Department of Health child protection team for
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review. For the purpose of determining whether face-to-face
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medical evaluation by a child protection team is necessary, all
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cases transmitted to the child protection team which meet the
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criteria in subsection (2) must be timely reviewed by:
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(a) A physician licensed under chapter 458 or chapter 459
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who holds board certification in pediatrics and is a member of a
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child protection team;
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(b) A physician licensed under chapter 458 or chapter 459
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who holds board certification in a specialty other than
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pediatrics, who may complete the review only when working under
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the direction of a physician licensed under chapter 458 or
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chapter 459 who holds board certification in pediatrics and is a
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member of a child protection team;
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(c) An advanced registered nurse practitioner licensed
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under chapter 464 who has a speciality in pediatrics or family
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medicine and is a member of a child protection team;
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(d) A physician assistant licensed under chapter 458 or
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chapter 459, who may complete the review only when working under
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the supervision of a physician licensed under chapter 458 or
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chapter 459 who holds board certification in pediatrics and is a
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member of a child protection team; or
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(e) A registered nurse licensed under chapter 464, who may
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complete the review only when working under the direct
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supervision of a physician licensed under chapter 458 or chapter
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459 who holds certification in pediatrics and is a member of a
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child protection team.
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(4) A face-to-face medical evaluation by a child protection
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team is not necessary when:
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(a) The child was examined for the alleged abuse or neglect
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by a physician who is not a member of the child protection team,
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and a consultation between the child protection team board-
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certified pediatrician, advanced registered nurse practitioner,
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physician assistant working under the supervision of a child
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protection team board-certified pediatrician, or registered nurse
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working under the direct supervision of a child protection team
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board-certified pediatrician, and the examining physician
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concludes that a further medical evaluation is unnecessary;
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(b) The child protective investigator, with supervisory
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approval, has determined, after conducting a child safety
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assessment, that there are no indications of injuries as
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described in paragraphs (2)(a)-(h) as reported; or
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(c) The child protection team board-certified pediatrician,
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as authorized in subsection (3), determines that a medical
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evaluation is not required.
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Notwithstanding paragraphs (a), (b), and (c), a child protection
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team pediatrician, as authorized in subsection (3), may determine
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that a face-to-face medical evaluation is necessary.
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(5) In all instances in which a child protection team is
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providing certain services to abused, abandoned, or neglected
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children, other offices and units of the Department of Health,
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and offices and units of the Department of Children and Family
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Services, shall avoid duplicating the provision of those
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services.
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(6) The Department of Health child protection team quality
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assurance program and the Department of Children and Family
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Services' Family Safety Program Office quality assurance program
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shall collaborate to ensure referrals and responses to child
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abuse, abandonment, and neglect reports are appropriate. Each
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quality assurance program shall include a review of records in
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which there are no findings of abuse, abandonment, or neglect,
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and the findings of these reviews shall be included in each
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department's quality assurance reports.
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Section 5. Paragraph (j) of subsection (2) of section
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110.205, Florida Statutes, is amended to read:
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110.205 Career service; exemptions.--
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(2) EXEMPT POSITIONS.--The exempt positions that are not
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covered by this part include the following:
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(j) The appointed secretaries and the State Surgeon
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General, assistant secretaries, deputy secretaries, and deputy
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assistant secretaries of all departments; the executive
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directors, assistant executive directors, deputy executive
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directors, and deputy assistant executive directors of all
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departments; the directors of all divisions and those positions
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determined by the department to have managerial responsibilities
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comparable to such positions, which positions include, but are
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not limited to, program directors, assistant program directors,
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district administrators, deputy district administrators, the
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Director of Central Operations Services of the Department of
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Children and Family Services, the State Transportation
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Development Administrator, State Public Transportation and Modal
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Administrator, district secretaries, district directors of
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transportation development, transportation operations,
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transportation support, and the managers of the offices specified
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in s. 20.23(3)(b), of the Department of Transportation. Unless
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otherwise fixed by law, the department shall set the salary and
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benefits of these positions in accordance with the rules of the
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Senior Management Service; and the county health department
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directors and county health department administrators of the
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Department of Health.
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Section 6. Paragraph (h) of subsection (3) of section
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112.061, Florida Statutes, is amended to read:
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112.061 Per diem and travel expenses of public officers,
326
employees, and authorized persons.--
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(3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
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(h) The State Surgeon General secretary of the Department
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of Health or a designee may authorize travel expenses incidental
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to the rendering of medical services for and on behalf of clients
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of the Department of Health. The Department of Health may
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establish rates lower than the rate provided in this section for
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these travel expenses.
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Section 7. Paragraph (b) of subsection (1) of section
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112.3145, Florida Statutes, is amended to read:
336
112.3145 Disclosure of financial interests and clients
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represented before agencies.--
338
(1) For purposes of this section, unless the context
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otherwise requires, the term:
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(b) "Specified state employee" means:
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1. Public counsel created by chapter 350, an assistant
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state attorney, an assistant public defender, a full-time state
343
employee who serves as counsel or assistant counsel to any state
344
agency, the Deputy Chief Judge of Compensation Claims, a judge of
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compensation claims, an administrative law judge, or a hearing
346
officer.
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2. Any person employed in the office of the Governor or in
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the office of any member of the Cabinet if that person is exempt
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from the Career Service System, except persons employed in
350
clerical, secretarial, or similar positions.
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3. The State Surgeon General or each appointed secretary,
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assistant secretary, deputy secretary, executive director,
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assistant executive director, or deputy executive director of
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each state department, commission, board, or council; unless
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otherwise provided, the division director, assistant division
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director, deputy director, bureau chief, and assistant bureau
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chief of any state department or division; or any person having
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the power normally conferred upon such persons, by whatever
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title.
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4. The superintendent or institute director of a state
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mental health institute established for training and research in
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the mental health field or the warden or director of any major
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state institution or facility established for corrections,
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training, treatment, or rehabilitation.
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5. Business managers, purchasing agents having the power to
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make any purchase exceeding the threshold amount provided for in
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s. 287.017 for CATEGORY ONE, finance and accounting directors,
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personnel officers, or grants coordinators for any state agency.
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6. Any person, other than a legislative assistant exempted
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by the presiding officer of the house by which the legislative
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assistant is employed, who is employed in the legislative branch
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of government, except persons employed in maintenance, clerical,
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secretarial, or similar positions.
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7. Each employee of the Commission on Ethics.
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Section 8. Section 114.04, Florida Statutes, is amended to
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read:
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114.04 Filling vacancies.--Except as otherwise provided in
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the State Constitution, the Governor shall fill by appointment
379
any vacancy in a state, district, or county office, other than a
380
member or officer of the Legislature, for the remainder of the
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term of an appointive officer and for the remainder of the term
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of an elective office, if there is less than 28 months remaining
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in the term; otherwise, until the first Tuesday after the first
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Monday following the next general election. With respect to any
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office which requires confirmation by the Senate, the person so
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appointed may hold an ad interim term of office subject to the
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provisions of s. 114.05. Each secretary or division director of a
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department of the executive branch, or the State Surgeon General,
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who is required by law to be appointed by the Governor and
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confirmed by the Senate shall serve at the pleasure of the
391
Governor, unless otherwise provided by law, and the appointment
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of such person shall run concurrently with the term of the
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Governor making the appointment. In the event a Governor is
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elected to a second term of office pursuant to s. 5, Art. IV of
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the State Constitution, each secretary or division director, or
396
the State Surgeon General, so appointed shall be reappointed or,
397
at the discretion of the Governor, replaced by a new appointee.
398
Reappointments to the same office shall be subject to
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confirmation by the Senate as provided in s. 114.05.
400
Section 9. Subsection (15) of section 120.80, Florida
401
Statutes, is amended to read:
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120.80 Exceptions and special requirements; agencies.--
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(15) DEPARTMENT OF HEALTH.--Notwithstanding s.
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120.57(1)(a), formal hearings may not be conducted by the State
405
Surgeon General Secretary of Health, the Secretary of Health Care
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Administration, or a board or member of a board within the
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Department of Health or the Agency for Health Care Administration
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for matters relating to the regulation of professions, as defined
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by chapter 456. Notwithstanding s. 120.57(1)(a), hearings
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conducted within the Department of Health in execution of the
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Special Supplemental Nutrition Program for Women, Infants, and
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Children; Child Care Food Program; Children's Medical Services
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Program; the Brain and Spinal Cord Injury Program; and the
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exemption from disqualification reviews for certified nurse
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assistants program need not be conducted by an administrative law
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judge assigned by the division. The Department of Health may
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contract with the Department of Children and Family Services for
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a hearing officer in these matters.
419
Section 10. Paragraph (c) of subsection (5) of section
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154.02, Florida Statutes, is amended to read:
421
154.02 County Health Department Trust Fund.--
422
(5) At a minimum, the trust fund shall consist of:
423
(c) A fixed capital outlay reserve for nonrecurring
424
expenses that are needed for the renovation and expansion of
425
facilities, and for the construction of new and replacement
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facilities identified by the Department of Health in conjunction
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with the board of county commissioners in their annual state-
428
county contract and approved by the State Surgeon General
429
secretary of the department. These funds may not be used for
430
construction projects unless there is a specific appropriation
431
included in the General Appropriations Act for this purpose.
432
Section 11. Paragraph (b) of subsection (1) of section
433
154.04, Florida Statutes, is amended to read:
434
154.04 Personnel of county health departments; duties;
435
compensation.--
436
(1)
437
(b) The county health department director shall be a
438
physician licensed under chapter 458 or chapter 459 who is
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trained in public health administration and shall be appointed by
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the State Surgeon General Secretary of Health after the
441
concurrence of the boards of county commissioners of the
442
respective counties. A county health department administrator
443
trained in public health administration may be appointed by the
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State Surgeon General Secretary of Health after the concurrence
445
of the boards of county commissioners of the respective counties.
446
Section 12. Subsection (2) of section 154.505, Florida
447
Statutes, is amended to read:
448
154.505 Proposals; application process; minimum
449
requirements.--
450
(2) Applications shall be competitively reviewed by an
451
independent panel appointed by the State Surgeon General
452
secretary of the department. This panel shall determine the
453
relative weight for scoring and evaluating each of the following
454
elements to be used in the evaluation process:
455
(a) The target population to be served.
456
(b) The health benefits to be provided.
457
(c) The proposed service network, including specific health
458
care providers and health care facilities that will participate
459
in the service network on a paid or voluntary basis.
460
(d) The methods that will be used to measure cost-
461
effectiveness.
462
(e) How patient and provider satisfaction will be measured.
463
(f) The proposed internal quality assurance process.
464
(g) Projected health status outcomes.
465
(h) The way in which data to measure the cost-
466
effectiveness, outcomes, and overall performance of the program
467
will be collected, including a description of the proposed
468
information system.
469
(i) All local resources, including cash, in-kind,
470
voluntary, or other resources, that will be dedicated to the
471
proposal.
472
Section 13. Paragraph (c) of subsection (5) and paragraph
473
(b) of subsection (6) of section 215.5601, Florida Statutes, are
474
amended to read:
475
215.5601 Lawton Chiles Endowment Fund.--
476
(5) AVAILABILITY OF FUNDS; USES.--
477
(c) The secretaries of the state agencies and the State
478
Surgeon General shall conduct meetings to discuss priorities for
479
endowment funding for health and human services programs for
480
children and elders before submitting their legislative budget
481
requests to the Executive Office of the Governor and the
482
Legislature. The purpose of the meetings is to gain consensus for
483
priority requests and recommended endowment funding levels for
484
those priority requests. No later than September 1 of each year,
485
the secretaries of the state agencies and the State Surgeon
486
General shall also submit their consensus priority requests to
487
the Lawton Chiles Endowment Fund Advisory Council created in
488
subsection (6).
489
(6) ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund
490
Advisory Council is established for the purpose of reviewing the
491
funding priorities of the state agencies, evaluating their
492
requests against the mission and goals of the agencies and
493
legislative intent for the use of endowment funds, and allowing
494
for public input and advocacy.
495
(b) Before November 1 of each year, the advisory council
496
shall advise the Governor and the Legislature as to its
497
recommendations with respect to the priorities submitted by the
498
secretaries of the state agencies and the State Surgeon General
499
with respect to endowment funding for health and human services
500
programs for children and elders. The responsibilities of the
501
advisory council include:
502
1. Evaluating the value of programs and services submitted
503
by the state agencies as they relate to the overall enhancement
504
of services to children and elders;
505
2. Developing criteria and guiding principles for ranking
506
the priorities submitted by the state agencies;
507
3. Providing recommendations with respect to funding levels
508
for the programs ranked by the advisory council;
509
4. Participating in periodic evaluation of programs funded
510
by the endowment to determine the need for continued funding; and
511
5. Soliciting input from child and elder advocacy
512
organizations, community stakeholders, providers, and the public
513
with respect to statewide child and elder needs and the
514
effectiveness of program service delivery systems.
515
Section 14. Subsection (4), paragraph (b) of subsection
516
(5), and subsections (6) and (10) of section 215.5602, Florida
517
Statutes, are amended to read:
518
215.5602 James and Esther King Biomedical Research
519
Program.--
520
(4) The council shall advise the State Surgeon General
521
Secretary of Health as to the direction and scope of the
522
biomedical research program. The responsibilities of the council
523
may include, but are not limited to:
524
(a) Providing advice on program priorities and emphases.
525
(b) Providing advice on the overall program budget.
526
(c) Participating in periodic program evaluation.
527
(d) Assisting in the development of guidelines to ensure
528
fairness, neutrality, and adherence to the principles of merit
529
and quality in the conduct of the program.
530
(e) Assisting in the development of appropriate linkages to
531
nonacademic entities, such as voluntary organizations, health
532
care delivery institutions, industry, government agencies, and
533
public officials.
534
(f) Developing criteria and standards for the award of
535
research grants.
536
(g) Developing administrative procedures relating to
537
solicitation, review, and award of research grants and
538
fellowships, to ensure an impartial, high-quality peer review
539
system.
540
(h) Developing and supervising research peer review panels.
541
(i) Reviewing reports of peer review panels and making
542
recommendations for research grants and fellowships.
543
(j) Developing and providing oversight regarding mechanisms
544
for the dissemination of research results.
545
(5)
546
(b) Grants and fellowships shall be awarded by the State
547
Surgeon General Secretary of Health, after consultation with the
548
council, on the basis of scientific merit, as determined by an
549
open competitive peer review process that ensures objectivity,
550
consistency, and high quality. The following types of
551
applications shall be considered for funding:
552
1. Investigator-initiated research grants.
553
2. Institutional research grants.
554
3. Predoctoral and postdoctoral research fellowships.
555
(6) To ensure that all proposals for research funding are
556
appropriate and are evaluated fairly on the basis of scientific
557
merit, the State Surgeon General Secretary of Health, in
558
consultation with the council, shall appoint a peer review panel
559
of independent, scientifically qualified individuals to review
560
the scientific content of each proposal and establish its
561
scientific priority score. The priority scores shall be forwarded
562
to the council and must be considered in determining which
563
proposals shall be recommended for funding.
564
(10) The council shall submit an annual progress report on
565
the state of biomedical research in this state to the Florida
566
Center for Universal Research to Eradicate Disease and to the
567
Governor, the State Surgeon General Secretary of Health, the
568
President of the Senate, and the Speaker of the House of
569
Representatives by February 1. The report must include:
570
(a) A list of research projects supported by grants or
571
fellowships awarded under the program.
572
(b) A list of recipients of program grants or fellowships.
573
(c) A list of publications in peer reviewed journals
574
involving research supported by grants or fellowships awarded
575
under the program.
576
(d) The total amount of biomedical research funding
577
currently flowing into the state.
578
(e) New grants for biomedical research which were funded
579
based on research supported by grants or fellowships awarded
580
under the program.
581
(f) Progress in the prevention, diagnosis, treatment, and
582
cure of diseases related to tobacco use, including cancer,
583
cardiovascular disease, stroke, and pulmonary disease.
584
Section 15. Subsection (5) of section 335.067, Florida
585
Statutes, is amended to read:
586
335.067 Conserve by Bicycle Program.--There is created
587
within the Department of Transportation the Conserve by Bicycle
588
Program.
589
(5) By July 1, 2007, if sufficient funds are available in
590
the department's budget or from the Federal Government, the study
591
shall be completed and shall be submitted to the Governor, the
592
President of the Senate, the Speaker of the House of
593
Representatives, the Secretary of Transportation, the Secretary
594
of Environmental Protection, and the State Surgeon General
595
Secretary of Health.
596
Section 16. Paragraph (b) of subsection (1) of section
597
377.901, Florida Statutes, is amended to read:
598
377.901 Florida Energy Commission.--
599
(1) The Florida Energy Commission is created and shall be
600
located within the Office of Legislative Services for
601
administrative purposes. The commission shall be comprised of a
602
total of nine members.
603
(b) The following may also attend meetings and provide
604
information and advise at the request of the chair:
605
1. The chair of the Florida Public Service Commission, or
606
his or her designee.
607
2. The Public Counsel, or his or her designee.
608
3. The Commissioner of Agriculture, or his or her designee.
609
4. The Director of the Office of Insurance Regulation, or
610
his or her designee.
611
5. The State Surgeon General Secretary of Health, or his or
612
her designee.
613
6. The chair of the State Board of Education, or his or her
614
designee.
615
7. The Secretary of Community Affairs, or his or her
616
designee.
617
8. The Secretary of Transportation, or his or her designee.
618
9. The Secretary of Environmental Protection, or his or her
619
designee.
620
621
It is the specific intent of the Legislature that nothing in this
622
section shall in any way change the powers, duties, and
623
responsibilities of the Public Service Commission or the powers,
624
duties, and responsibilities assigned by the Florida Electrical
626
Section 17. Subsections (2) and (3) of section 381.0057,
627
Florida Statutes, are amended to read:
628
381.0057 Funding for school health services.--
629
(2) The State Surgeon General Secretary of Health, or his
630
or her designee, in cooperation with the Commissioner of
631
Education, or his or her designee, shall publicize the
632
availability of funds, targeting those school districts or
633
schools which have a high incidence of medically underserved
634
high-risk children, low birthweight babies, infant mortality, or
635
teenage pregnancy.
636
(3) The State Surgeon General Secretary of Health, or his
637
or her designees, in cooperation with the Commissioner of
638
Education, or his or her designees, in equal representation,
639
shall form a joint committee to evaluate and select the school
640
districts or schools to be funded.
641
Section 18. Subsections (5) and (7) of section 381.0303,
642
Florida Statutes, are amended to read:
643
381.0303 Special needs shelters.--
644
(5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The State
645
Surgeon General Secretary of Health may establish a special needs
646
shelter interagency committee and serve as, or appoint a designee
647
to serve as, the committee's chair. The department shall provide
648
any necessary staff and resources to support the committee in the
649
performance of its duties. The committee shall address and
650
resolve problems related to special needs shelters not addressed
651
in the state comprehensive emergency medical plan and shall
652
consult on the planning and operation of special needs shelters.
653
(a) The committee shall:
654
1. Develop, negotiate, and regularly review any necessary
655
interagency agreements.
656
2. Undertake other such activities as the department deems
657
necessary to facilitate the implementation of this section.
658
3. Submit recommendations to the Legislature as necessary.
659
(b) The special needs shelter interagency committee shall
660
be composed of representatives of emergency management, health,
661
medical, and social services organizations. Membership shall
662
include, but shall not be limited to, representatives of the
663
Departments of Health, Community Affairs, Children and Family
664
Services, Elderly Affairs, and Education; the Agency for Health
665
Care Administration; the Florida Medical Association; the Florida
666
Osteopathic Medical Association; Associated Home Health
667
Industries of Florida, Inc.; the Florida Nurses Association; the
668
Florida Health Care Association; the Florida Assisted Living
669
Affiliation; the Florida Hospital Association; the Florida
670
Statutory Teaching Hospital Council; the Florida Association of
671
Homes for the Aging; the Florida Emergency Preparedness
672
Association; the American Red Cross; Florida Hospices and
673
Palliative Care, Inc.; the Association of Community Hospitals and
674
Health Systems; the Florida Association of Health Maintenance
675
Organizations; the Florida League of Health Systems; the Private
676
Care Association; the Salvation Army; the Florida Association of
677
Aging Services Providers; the AARP; and the Florida Renal
678
Coalition.
679
(c) Meetings of the committee shall be held in Tallahassee,
680
and members of the committee shall serve at the expense of the
681
agencies or organizations they represent. The committee shall
682
make every effort to use teleconference or videoconference
683
capabilities in order to ensure statewide input and
684
participation.
685
(7) EMERGENCY MANAGEMENT PLANS.--The submission of
686
emergency management plans to county health departments by home
687
health agencies, nurse registries, hospice programs, and home
688
medical equipment providers is conditional upon receipt of an
689
appropriation by the department to establish disaster coordinator
690
positions in county health departments unless the State Surgeon
691
General secretary of the department and a local county commission
692
jointly determine to require that such plans be submitted based
693
on a determination that there is a special need to protect public
694
health in the local area during an emergency.
695
Section 19. Paragraph (c) of subsection (6) and subsection
696
(9) of section 381.0403, Florida Statutes, are amended to read:
697
381.0403 The Community Hospital Education Act.--
698
(6) COUNCIL AND DIRECTOR.--
699
(c) The State Surgeon General secretary of the Department
700
of Health shall designate an administrator to serve as staff
701
director. The council shall elect a chair from among its
702
membership. Such other personnel as may be necessary to carry out
703
the program shall be employed as authorized by the Department of
704
Health.
705
(9) ANNUAL REPORT ON GRADUATE MEDICAL EDUCATION;
706
COMMITTEE.--The Executive Office of the Governor, the Department
707
of Health, and the Agency for Health Care Administration shall
708
collaborate to establish a committee that shall produce an annual
709
report on graduate medical education. The committee shall be
710
comprised of 11 members: five members shall be deans of the
711
medical schools or their designees; the Governor shall appoint
712
two members, one of whom must be a representative of the Florida
713
Medical Association who has supervised or currently supervises
714
residents or interns and one of whom must be a representative of
715
the Florida Hospital Association; the Secretary of Health Care
716
Administration shall appoint two members, one of whom must be a
717
representative of a statutory teaching hospital and one of whom
718
must be a physician who has supervised or is currently
719
supervising residents or interns; and the State Surgeon General
720
Secretary of Health shall appoint two members, one of whom must
721
be a representative of a statutory family practice teaching
722
hospital and one of whom must be a physician who has supervised
723
or is currently supervising residents or interns. With the
724
exception of the deans, members shall serve 4-year terms. In
725
order to stagger the terms, the Governor's appointees shall serve
726
initial terms of 4 years, the State Surgeon General's Secretary
727
of Health's appointees shall serve initial terms of 3 years, and
728
the Secretary of Health Care Administration's appointees shall
729
serve initial terms of 2 years. A member's term shall be deemed
730
terminated when the member's representative status no longer
731
exists. Once the committee is appointed, it shall elect a chair
732
to serve for a 1-year term. The report shall be provided to the
733
Governor, the President of the Senate, and the Speaker of the
734
House of Representatives by January 15 annually. Committee
735
members shall serve without compensation. The report shall
736
address the following:
737
(a) The role of residents and medical faculty in the
738
provision of health care.
739
(b) The relationship of graduate medical education to the
740
state's physician workforce.
741
(c) The costs of training medical residents for hospitals,
742
medical schools, teaching hospitals, including all hospital-
743
medical affiliations, practice plans at all of the medical
744
schools, and municipalities.
745
(d) The availability and adequacy of all sources of revenue
746
to support graduate medical education and recommend alternative
747
sources of funding for graduate medical education.
748
(e) The use of state and federal appropriated funds for
749
graduate medical education by hospitals receiving such funds.
750
Section 20. Paragraphs (g) and (h) of subsection (3) of
751
section 381.4018, Florida Statutes, are amended to read:
752
381.4018 Physician workforce assessment and development.--
753
(3) GENERAL FUNCTIONS.--The department shall maximize the
754
use of existing programs under the jurisdiction of the department
755
and other state agencies and coordinate governmental and
756
nongovernmental stakeholders and resources in order to develop a
757
state strategic plan and assess the implementation of such
758
strategic plan. In developing the state strategic plan, the
759
department shall:
760
(g) Coordinate and enhance activities relative to physician
761
workforce needs, undergraduate medical education, and graduate
762
medical education provided by the Division of Medical Quality
763
Assurance, the Community Hospital Education Program and the
764
Graduate Medical Education Committee established pursuant to s.
765
381.0403, area health education center networks established
766
pursuant to s. 381.0402, and other offices and programs within
767
the Department of Health as designated by the State Surgeon
768
General secretary.
769
(h) Work in conjunction with and act as a coordinating body
770
for governmental and nongovernmental stakeholders to address
771
matters relating to the state's physician workforce assessment
772
and development for the purpose of ensuring an adequate supply of
773
well-trained physicians to meet the state's future needs. Such
774
governmental stakeholders shall include, but need not be limited
775
to, the State Surgeon General Secretary of Health or his or her
776
designee, the Commissioner of Education or his or her designee,
777
the Secretary of Health Care Administration or his or her
778
designee, and the Chancellor of the State University System or
779
his or her designee from the Board of Governors of the State
780
University System, and, at the discretion of the department,
781
other representatives of state and local agencies that are
782
involved in assessing, educating, or training the state's current
783
or future physicians. Other stakeholders shall include, but need
784
not be limited to, organizations representing the state's public
785
and private allopathic and osteopathic medical schools;
786
organizations representing hospitals and other institutions
787
providing health care, particularly those that have an interest
788
in providing accredited medical education and graduate medical
789
education to medical students and medical residents;
790
organizations representing allopathic and osteopathic practicing
791
physicians; and, at the discretion of the department,
792
representatives of other organizations or entities involved in
793
assessing, educating, or training the state's current or future
794
physicians.
795
Section 21. Subsection (3) of section 381.7353, Florida
796
Statutes, is amended to read:
797
381.7353 Reducing Racial and Ethnic Health Disparities:
798
Closing the Gap grant program; administration; department
799
duties.--
800
(3) Pursuant to s. 20.43(6), the State Surgeon General
801
secretary may appoint an ad hoc advisory committee to: examine
802
areas where public awareness, public education, research, and
803
coordination regarding racial and ethnic health outcome
804
disparities are lacking; consider access and transportation
805
issues which contribute to health status disparities; and make
806
recommendations for closing gaps in health outcomes and
807
increasing the public's awareness and understanding of health
808
disparities that exist between racial and ethnic populations.
809
Section 22. Subsections (2) and (7) of section 381.78,
810
Florida Statutes, are amended to read:
811
381.78 Advisory council on brain and spinal cord
812
injuries.--
813
(2) Members of the council shall be appointed to serve by
814
the State Surgeon General Secretary of Health. All members' terms
815
shall be for 4 years. An individual may not serve more than two
816
terms. Any council member who is unwilling or unable to properly
817
fulfill the duties of the office shall be succeeded by an
818
individual chosen by the State Surgeon General secretary to serve
819
out the unexpired balance of the replaced council member's term.
820
If the unexpired balance of the replaced council member's term is
821
less than 18 months, then, notwithstanding the provisions of this
822
subsection, the succeeding council member may be reappointed by
823
the State Surgeon General secretary twice.
824
(7) A member of the advisory council may be removed from
825
office by the State Surgeon General Secretary of Health for
826
malfeasance, misfeasance, neglect of duty, incompetence, or
827
permanent inability to perform official duties or for pleading
828
nolo contendere to, or being found guilty of, a crime.
829
Malfeasance includes, but is not limited to, a violation of any
830
specific prohibition within this part.
831
Section 23. Subsection (4) of section 381.79, Florida
832
Statutes, is amended to read:
833
381.79 Brain and Spinal Cord Injury Program Trust Fund.--
834
(4) The Board of Governors of the State University System
835
shall establish a program administration process which shall
836
include: an annual prospective program plan with goals, research
837
design, proposed outcomes, a proposed budget, an annual report of
838
research activities and findings, and an annual end-of-year
839
financial statement. Prospective program plans shall be submitted
840
to the Board of Governors, and funds shall be released upon
841
acceptance of the proposed program plans. The annual report of
842
research activities and findings shall be submitted to the Board
843
of Governors, with the executive summaries submitted to the
844
President of the Senate, the Speaker of the House of
845
Representatives, and the State Surgeon General Secretary of
846
Health.
847
Section 24. Paragraph (a) of subsection (4) and subsections
848
(5) and (6) of section 381.84, Florida Statutes, are amended to
849
read:
850
381.84 Comprehensive Statewide Tobacco Education and Use
851
Prevention Program.--
852
(4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
853
MEETINGS.--The Tobacco Education and Use Prevention Advisory
854
Council is created within the department.
855
(a) The council shall consist of 23 members, including:
856
1. The State Surgeon General Secretary of Health, who shall
857
serve as the chairperson.
858
2. One county health department director, appointed by the
859
State Surgeon General Secretary of Health.
860
3. Two members appointed by the Commissioner of Education,
861
of whom one must be a school district superintendent.
862
4. The chief executive officer of the Florida Division of
863
the American Cancer Society, or his or her designee.
864
5. The chief executive officer of the Greater Southeast
865
Affiliate of the American Heart Association, or his or her
866
designee.
867
6. The chief executive officer of the American Lung
868
Association of Florida, or his or her designee.
869
7. The dean of the University of Miami School of Medicine,
870
or his or her designee.
871
8. The dean of the University of Florida College of
872
Medicine, or his or her designee.
873
9. The dean of the University of South Florida College of
874
Medicine, or his or her designee.
875
10. The dean of the Florida State University College of
876
Medicine, or his or her designee.
877
11. The dean of Nova Southeastern College of Osteopathic
878
Medicine, or his or her designee.
879
12. The dean of the Lake Erie College of Osteopathic
880
Medicine in Bradenton, Florida, or his or her designee.
881
13. The chief executive officer of the Campaign for Tobacco
882
Free Kids, or his or her designee.
883
14. The chief executive officer of the Legacy Foundation,
884
or his or her designee.
885
15. Four members appointed by the Governor, of whom two
886
must have expertise in the field of tobacco-use prevention and
887
education or smoking cessation and one individual who shall be
888
between the ages of 16 and 21 at the time of his or her
889
appointment.
890
16. Two members appointed by the President of the Senate,
891
of whom one must have expertise in the field of tobacco-use
892
prevention and education or smoking cessation.
893
17. Two members appointed by the Speaker of the House of
894
Representatives, of whom one must have expertise in the field of
895
tobacco-use prevention and education or smoking cessation.
896
(5) COUNCIL DUTIES AND RESPONSIBILITIES.--The council shall
897
advise the State Surgeon General Secretary of Health as to the
898
direction and scope of the Comprehensive Statewide Tobacco
899
Education and Use Prevention Program. The responsibilities of the
900
council include, but are not limited to:
901
(a) Providing advice on program priorities and emphases.
902
(b) Providing advice on the overall program budget.
903
(c) Providing advice on copyrighted material, trademark,
904
and future transactions as they pertain to the tobacco education
905
and use prevention program.
906
(d) Reviewing broadcast material prepared for the Internet,
907
portable media players, radio, and television as it relates to
908
the advertising component of the tobacco education and use
909
prevention program.
910
(e) Participating in periodic program evaluation.
911
(f) Assisting in the development of guidelines to ensure
912
fairness, neutrality, and adherence to the principles of merit
913
and quality in the conduct of the program.
914
(g) Assisting in the development of administrative
915
procedures relating to solicitation, review, and award of
916
contracts and grants in order to ensure an impartial, high-
917
quality peer review system.
918
(h) Assisting in the development and supervision of peer
919
review panels.
920
(i) Reviewing reports of peer review panels and making
921
recommendations for contracts and grants.
922
(j) Reviewing the activities and evaluating the performance
923
of the AHEC network to avoid duplicative efforts using state
924
funds.
925
(k) Recommending meaningful outcome measures through a
926
regular review of tobacco-use prevention and education strategies
927
and programs of other states and the Federal Government.
928
(l) Recommending policies to encourage a coordinated
929
response to tobacco use in this state, focusing specifically on
930
creating partnerships within and between the public and private
931
sectors.
932
(6) CONTRACT REQUIREMENTS.--Contracts or grants for the
933
program components or subcomponents described in paragraphs
934
(3)(a)-(f) shall be awarded by the State Surgeon General
935
Secretary of Health, after consultation with the council, on the
936
basis of merit, as determined by an open, competitive, peer-
937
reviewed process that ensures objectivity, consistency, and high
938
quality. The department shall award such grants or contracts no
939
later than October 1 for each fiscal year. A recipient of a
940
contract or grant for the program component described in
941
paragraph (3)(c) is not eligible for a contract or grant award
942
for any other program component described in subsection (3) in
943
the same state fiscal year. A school or college of medicine that
944
is represented on the council is not eligible to receive a
945
contract or grant under this section. For the 2007-2008 and 2008-
946
2009 fiscal years only, the department shall award a contract or
947
grant in the amount of $10 million to the AHEC network for the
948
purpose of developing the components described in paragraph
949
(3)(i). The AHEC network may apply for a competitive contract or
950
grant after the 2008-2009 fiscal year.
951
(a) In order to ensure that all proposals for funding are
952
appropriate and are evaluated fairly on the basis of merit, the
953
State Surgeon General Secretary of Health, in consultation with
954
the council, shall appoint a peer review panel of independent,
955
qualified experts in the field of tobacco control to review the
956
content of each proposal and establish its priority score. The
957
priority scores shall be forwarded to the council and must be
958
considered in determining which proposals will be recommended for
959
funding.
960
(b) The council and the peer review panel shall establish
961
and follow rigorous guidelines for ethical conduct and adhere to
962
a strict policy with regard to conflicts of interest. A member of
963
the council or panel may not participate in any discussion or
964
decision with respect to a research proposal by any firm, entity,
965
or agency with which the member is associated as a member of the
966
governing body or as an employee or with which the member has
967
entered into a contractual arrangement. Meetings of the council
968
and the peer review panels are subject to chapter 119, s.
969
286.011, and s. 24, Art. I of the State Constitution.
970
(c) In each contract or grant agreement, the department
971
shall limit the use of food and promotional items to no more than
972
2.5 percent of the total amount of the contract or grant and
973
limit overhead or indirect costs to no more than 7.5 percent of
974
the total amount of the contract or grant. The department, in
975
consultation with the Department of Financial Services, shall
976
publish guidelines for appropriate food and promotional items.
977
(d) In each advertising contract, the department shall
978
limit the total of production fees, buyer commissions, and
979
related costs to no more than 10 percent of the total contract
980
amount.
981
(e) Notwithstanding the competitive process for contracts
982
prescribed in this subsection, each county health department is
983
eligible for core funding, on a per capita basis, to implement
984
tobacco education and use prevention activities within that
985
county.
986
Section 25. Paragraph (f) of subsection (4) and paragraph
987
(a) of subsection (5) of section 381.853, Florida Statutes, are
988
amended to read:
989
381.853 Florida Center for Brain Tumor Research.--
990
(4) The Florida Center for Brain Tumor Research is
991
established within the Evelyn F. and William L. McKnight Brain
992
Institute of the University of Florida.
993
(f) The center shall submit an annual report to the
994
Governor, the President of the Senate, the Speaker of the House
995
of Representatives, and the State Surgeon General Secretary of
996
Health no later than January 15 that contains recommendations for
997
legislative changes necessary to foster a positive climate for
998
the pursuit of brain tumor research and the development of
999
treatment modalities in the state.
1000
(5) There is established within the center a scientific
1001
advisory council that includes biomedical researchers,
1002
physicians, clinicians, and representatives from public and
1003
private universities and hospitals. The council shall meet at
1004
least annually.
1005
(a) The council shall consist of:
1006
1. Two members from the Florida Center for Brain Tumor
1007
Research within the Evelyn F. and William L. McKnight Brain
1008
Institute of the University of Florida appointed by the Governor.
1009
2. Two members from the Scripps Research Institute, one of
1010
whom must have expertise in basic brain tumor research, appointed
1011
by the Speaker of the House of Representatives.
1012
3. Two members from other public and private universities
1013
and institutions directly involved in brain tumor research
1014
appointed by the President of the Senate.
1015
4. One member from the Mayo Clinic in Jacksonville who is
1016
directly involved in the treatment of brain tumor patients or who
1017
has expertise in basic brain tumor research appointed by the
1018
State Surgeon General Secretary of Health.
1019
5. Two members from the Cleveland Clinic in Florida who are
1020
directly involved in basic brain tumor research appointed by the
1021
Governor.
1022
6. One member from the H. Lee Moffitt Cancer Center and
1023
Research Institute who is directly involved in the treatment of
1024
brain tumor patients or who has expertise in basic brain tumor
1025
research appointed by the Speaker of the House of
1026
Representatives.
1027
7. One member from the M. D. Anderson Cancer Center Orlando
1028
who is directly involved in the treatment of brain tumor patients
1029
or who has expertise in basic brain tumor research appointed by
1030
the President of the Senate.
1031
Section 26. Paragraph (a) of subsection (5) of section
1032
381.855, Florida Statutes, is amended to read:
1033
381.855 Florida Center for Universal Research to Eradicate
1034
Disease.--
1035
(5) There is established within the center an advisory
1036
council that shall meet at least annually.
1037
(a) The council shall consist of one representative from a
1038
Florida not-for-profit institution engaged in basic and clinical
1039
biomedical research and education which receives more than $10
1040
million in annual grant funding from the National Institutes of
1041
Health, to be appointed by the State Surgeon General Secretary of
1042
Health from a different institution each term, and one
1043
representative from and appointed by each of the following
1044
entities:
1045
1. Enterprise Florida, Inc.
1046
2. BioFlorida.
1047
3. The Biomedical Research Advisory Council.
1048
4. The Florida Medical Foundation.
1049
5. Pharmaceutical Research and Manufacturers of America.
1050
6. The Florida Cancer Council.
1051
7. The American Cancer Society, Florida Division, Inc.
1052
8. The American Heart Association.
1053
9. The American Lung Association of Florida.
1054
10. The American Diabetes Association, South Coastal
1055
Region.
1056
11. The Alzheimer's Association.
1057
12. The Epilepsy Foundation.
1058
13. The National Parkinson Foundation.
1059
14. The Florida Public Health Foundation, Inc.
1060
15. The Florida Research Consortium.
1061
Section 27. Subsections (2) and (3) of section 381.86,
1062
Florida Statutes, are amended to read:
1063
381.86 Institutional Review Board.--
1064
(2) Consistent with federal requirements, the State Surgeon
1065
General Secretary of Health shall determine and appoint the
1066
membership of the board and designate its chair.
1067
(3) The department's Institutional Review Board may serve
1068
as an institutional review board for other agencies at the
1069
discretion of the State Surgeon General secretary.
1070
Section 28. Paragraph (a) of subsection (3) of section
1071
381.90, Florida Statutes, is amended to read:
1072
381.90 Health Information Systems Council; legislative
1073
intent; creation, appointment, duties.--
1074
(3) The council shall be composed of the following members
1075
or their senior executive-level designees:
1076
(a) The State Surgeon General Secretary of Health;
1077
1078
Representatives of the Federal Government may serve without
1079
voting rights.
1080
Section 29. Paragraph (a) of subsection (3) of section
1081
381.911, Florida Statutes, is amended to read:
1082
381.911 Prostate Cancer Awareness Program.--
1083
(3) A prostate cancer advisory committee is created to
1084
advise and assist the Department of Health and the Florida Public
1085
Health Foundation, Inc., in implementing the program.
1086
(a) The State Surgeon General Secretary of Health shall
1087
appoint the advisory committee members, who shall consist of:
1088
1. Three persons from prostate cancer survivor groups or
1089
cancer-related advocacy groups.
1090
2. Three persons who are scientists or clinicians from
1091
public universities or research organizations.
1092
3. Three persons who are engaged in the practice of a
1093
cancer-related medical specialty from health organizations
1094
committed to cancer research and control.
1095
Section 30. Paragraph (a) of subsection (3) of section
1096
381.912, Florida Statutes, is amended to read:
1097
381.912 Cervical Cancer Elimination Task Force.--
1098
(3) The task force shall consist of:
1099
(a) The director of the Department of Health's Division of
1100
Disease Control or another person with expertise in epidemiology
1101
who shall serve as chair, appointed by the State Surgeon General
1102
Secretary of Health.
1103
Section 31. Paragraph (c) of subsection (2) of section
1104
381.92, Florida Statutes, is amended to read:
1105
381.92 Florida Cancer Council.--
1106
(2)
1107
(c) The members of the council shall consist of:
1108
1. Chair of the Florida Dialogue on Cancer, who shall serve
1109
as the chair of the council;
1110
2. State Surgeon General secretary of the Department of
1111
Health or his or her designee;
1112
3. Chief Executive Officer of the H. Lee Moffitt Cancer
1113
Center or his or her designee;
1114
4. Director of the University of Florida Shands Cancer
1115
Center or his or her designee;
1116
5. Chief Executive Officer of the University of Miami
1117
Sylvester Comprehensive Cancer Center or his or her designee;
1118
6. Chief Executive Officer of the Mayo Clinic,
1119
Jacksonville, or his or her designee;
1120
7. Chief Executive Officer of the American Cancer Society,
1121
Florida Division, Inc., or his or her designee;
1122
8. President of the American Cancer Society, Florida
1123
Division, Inc., Board of Directors or his or her designee;
1124
9. President of the Florida Society of Clinical Oncology or
1125
his or her designee;
1126
10. President of the American College of Surgeons, Florida
1127
Chapter, or his or her designee;
1128
11. Chief Executive Officer of Enterprise Florida, Inc., or
1129
his or her designee;
1130
12. Five representatives from cancer programs approved by
1131
the American College of Surgeons. Three shall be appointed by the
1132
Governor, one shall be appointed by the Speaker of the House of
1133
Representatives, and one shall be appointed by the President of
1134
the Senate;
1135
13. One member of the House of Representatives, to be
1136
appointed by the Speaker of the House of Representatives; and
1137
14. One member of the Senate, to be appointed by the
1138
President of the Senate.
1139
Section 32. Paragraphs (a) and (b) of subsection (3) of
1140
section 381.922, Florida Statutes, are amended to read:
1141
381.922 William G. "Bill" Bankhead, Jr., and David Coley
1142
Cancer Research Program.--
1143
(3)(a) Applications for funding for cancer research may be
1144
submitted by any university or established research institute in
1145
the state. All qualified investigators in the state, regardless
1146
of institutional affiliation, shall have equal access and
1147
opportunity to compete for the research funding. Collaborative
1148
proposals, including those that advance the program's goals
1149
enumerated in subsection (2), may be given preference. Grants
1150
shall be awarded by the State Surgeon General Secretary of
1151
Health, after consultation with the Biomedical Research Advisory
1152
Council, on the basis of scientific merit, as determined by an
1153
open, competitive peer review process that ensures objectivity,
1154
consistency, and high quality. The following types of
1155
applications shall be considered for funding:
1156
1. Investigator-initiated research grants.
1157
2. Institutional research grants.
1158
3. Collaborative research grants, including those that
1159
advance the finding of cures through basic or applied research.
1160
(b) In order to ensure that all proposals for research
1161
funding are appropriate and are evaluated fairly on the basis of
1162
scientific merit, the State Surgeon General Secretary of Health,
1163
in consultation with the council, shall appoint a peer review
1164
panel of independent, scientifically qualified individuals to
1165
review the scientific content of each proposal and establish its
1166
priority score. The priority scores shall be forwarded to the
1167
council and must be considered in determining which proposals
1168
shall be recommended for funding.
1169
Section 33. Paragraph (a) of subsection (6) of section
1170
381.98, Florida Statutes, is amended to read:
1171
381.98 The Florida Public Health Foundation, Inc.;
1172
establishment; purpose; mission; duties; board of directors.--
1173
(6) The affairs of the corporation shall be managed by an
1174
executive director appointed by a board of directors consisting
1175
of:
1176
(a) The State Surgeon General Secretary of Health or his or
1177
her designee.
1178
Section 34. Subsection (9) of section 381.983, Florida
1179
Statutes, is repealed.
1180
Section 35. Subsections (2) and (3) of section 381.984,
1181
Florida Statutes, are amended to read:
1182
381.984 Educational programs.--
1183
(2) PUBLIC INFORMATION INITIATIVE.--The Governor, in
1184
conjunction with the State Surgeon General Secretary of Health
1185
and his or her designee, shall sponsor a series of public service
1186
announcements on radio, television, the Internet, and print media
1187
about the nature of lead-based-paint hazards, the importance of
1188
standards for lead poisoning prevention in properties, and the
1189
purposes and responsibilities set forth in this act. In
1190
developing and coordinating this public information initiative,
1191
the sponsors shall seek the participation and involvement of
1192
private industry organizations, including those involved in real
1193
estate, insurance, mortgage banking, and pediatrics.
1194
(3) DISTRIBUTION OF LITERATURE ABOUT CHILDHOOD LEAD
1195
POISONING.--By January 1, 2007, the State Surgeon General
1196
Secretary of Health or his or her designee shall develop
1197
culturally and linguistically appropriate information pamphlets
1198
regarding childhood lead poisoning, the importance of testing for
1199
elevated blood-lead levels, prevention of childhood lead
1200
poisoning, treatment of childhood lead poisoning, and, where
1201
appropriate, the requirements of this act. These information
1202
pamphlets shall be distributed to parents or the other legal
1203
guardians of children 6 years of age or younger on the following
1204
occasions:
1205
(a) By a health care provider at the time of a child's
1206
birth and at the time of any childhood immunization or
1207
vaccination unless it is established that such information
1208
pamphlet has been provided previously to the parent or legal
1209
guardian by the health care provider within the prior 12 months.
1210
(b) By the owner or operator of any child care facility or
1211
preschool or kindergarten class on or before October 15 of the
1212
calendar year.
1213
Section 36. Section 381.985, Florida Statutes, is amended
1214
to read:
1215
381.985 Screening program.--
1216
(1) The State Surgeon General secretary shall establish a
1217
program for early identification of persons at risk of having
1218
elevated blood-lead levels. Such program shall systematically
1219
screen children under 6 years of age in the target populations
1220
identified in subsection (2) for the presence of elevated blood-
1221
lead levels. Children within the specified target populations
1222
shall be screened with a blood-lead test at age 12 months and age
1223
24 months, or between the ages of 36 months and 72 months if they
1224
have not previously been screened. The State Surgeon General
1225
secretary shall, after consultation with recognized professional
1226
medical groups and such other sources as the State Surgeon
1227
General secretary deems appropriate, promulgate rules
1228
establishing:
1229
(a) The means by which and the intervals at which such
1230
children under 6 years of age shall be screened for lead
1231
poisoning and elevated blood-lead levels.
1232
(b) Guidelines for the medical followup on children found
1233
to have elevated blood-lead levels.
1234
(2) In developing screening programs to identify persons at
1235
risk with elevated blood-lead levels, priority shall be given to
1236
persons within the following categories:
1237
(a) All children enrolled in the Medicaid program at ages
1238
12 months and 24 months, or between the ages of 36 months and 72
1239
months if they have not previously been screened.
1240
(b) Children under the age of 6 years exhibiting delayed
1241
cognitive development or other symptoms of childhood lead
1242
poisoning.
1243
(c) Persons at risk residing in the same household, or
1244
recently residing in the same household, as another person at
1245
risk with a blood-lead level of 10 ug/dL or greater.
1246
(d) Persons at risk residing, or who have recently resided,
1247
in buildings or geographical areas in which significant numbers
1248
of cases of lead poisoning or elevated blood-lead levels have
1249
recently been reported.
1250
(e) Persons at risk residing, or who have recently resided,
1251
in an affected property contained in a building that during the
1252
preceding 3 years has been subject to enforcement for violations
1253
of lead-poisoning-prevention statutes, ordinances, rules, or
1254
regulations as specified by the State Surgeon General secretary.
1255
(f) Persons at risk residing, or who have recently resided,
1256
in a room or group of rooms contained in a building whose owner
1257
also owns a building containing affected properties which during
1258
the preceding 3 years has been subject to an enforcement action
1259
for a violation of lead-poisoning-prevention statutes,
1260
ordinances, rules, or regulations.
1261
(g) Persons at risk residing in other buildings or
1262
geographical areas in which the State Surgeon General secretary
1263
reasonably determines there to be a significant risk of affected
1264
individuals having a blood-lead level of 10 ug/dL or greater.
1265
(3) The State Surgeon General secretary shall maintain
1266
comprehensive records of all screenings conducted pursuant to
1267
this section. Such records shall be indexed geographically and by
1268
owner in order to determine the location of areas of relatively
1269
high incidence of lead poisoning and other elevated blood-lead
1270
levels.
1271
1272
All cases or probable cases of lead poisoning found in the course
1273
of screenings conducted pursuant to this section shall be
1274
reported to the affected individual, to his or her parent or
1275
legal guardian if he or she is a minor, and to the State Surgeon
1276
General secretary.
1277
Section 37. Subsection (5) of section 383.14, Florida
1278
Statutes, is amended to read:
1279
383.14 Screening for metabolic disorders, other hereditary
1280
and congenital disorders, and environmental risk factors.--
1281
(5) ADVISORY COUNCIL.--There is established a Genetics and
1282
Newborn Screening Advisory Council made up of 15 members
1283
appointed by the State Surgeon General Secretary of Health. The
1284
council shall be composed of two consumer members, three
1285
practicing pediatricians, at least one of whom must be a
1286
pediatric hematologist, one representative from each of the four
1287
medical schools in the state, the State Surgeon General Secretary
1288
of Health or his or her designee, one representative from the
1289
Department of Health representing Children's Medical Services,
1290
one representative from the Florida Hospital Association, one
1291
individual with experience in newborn screening programs, one
1292
individual representing audiologists, and one representative from
1293
the Agency for Persons with Disabilities. All appointments shall
1294
be for a term of 4 years. The chairperson of the council shall be
1295
elected from the membership of the council and shall serve for a
1296
period of 2 years. The council shall meet at least semiannually
1297
or upon the call of the chairperson. The council may establish ad
1298
hoc or temporary technical advisory groups to assist the council
1299
with specific topics which come before the council. Council
1300
members shall serve without pay. Pursuant to the provisions of s.
1301
112.061, the council members are entitled to be reimbursed for
1302
per diem and travel expenses. It is the purpose of the council to
1303
advise the department about:
1304
(a) Conditions for which testing should be included under
1305
the screening program and the genetics program.
1306
(b) Procedures for collection and transmission of specimens
1307
and recording of results.
1308
(c) Methods whereby screening programs and genetics
1309
services for children now provided or proposed to be offered in
1310
the state may be more effectively evaluated, coordinated, and
1311
consolidated.
1312
Section 38. Subsection (6) of section 383.216, Florida
1313
Statutes, is amended to read:
1314
383.216 Community-based prenatal and infant health care.--
1315
(6) Prenatal and infant health care coalitions may be
1316
established for single counties or for services delivery
1317
catchment areas. A prenatal and infant health care coalition
1318
shall be initiated at the local level on a voluntary basis. Once
1319
a coalition has been organized locally and includes the
1320
membership specified in subsection (5), the coalition must submit
1321
a list of its members to the State Surgeon General Secretary of
1322
Health to carry out the responsibilities outlined in this
1323
section.
1324
Section 39. Subsection (7) of section 383.2162, Florida
1325
Statutes, is amended to read:
1326
383.2162 Black infant health practice initiative.--
1327
(7) EVALUATIONS AND REPORTS.--The department shall conduct
1328
an annual evaluation of the implementation of the initiative
1329
describing which areas are participating in the initiative, the
1330
number of reviews conducted by each participating coalition,
1331
grant balances, and recommendations for modifying the initiative.
1332
All participating coalitions shall produce a report on their
1333
collective findings and recommendations by January 1, 2010, to
1334
the Governor, the President of the Senate, the Speaker of the
1335
House of Representatives, and the State Surgeon General Secretary
1336
of Health.
1337
Section 40. Subsection (2) of section 383.336, Florida
1338
Statutes, is amended to read:
1339
383.336 Provider hospitals; practice parameters; peer
1340
review board.--
1341
(2) The Office of the State Surgeon General Secretary of
1342
Health, in consultation with the Board of Medicine and the
1343
Florida Obstetric and Gynecologic Society, is directed to
1344
establish practice parameters to be followed by physicians in
1345
provider hospitals in performance of a caesarean section delivery
1346
when the delivery will be paid partly or fully by state funds or
1347
federal funds administered by the state. These parameters shall
1348
be directed to reduce the number of unnecessary caesarean section
1349
deliveries. These practice parameters shall address, at a
1350
minimum, the following: feasibility of attempting a vaginal
1351
delivery for each patient with a prior caesarean section;
1352
dystocia, including arrested dilation and prolonged deceleration
1353
phase; fetal distress; and fetal malposition. The Department of
1354
Health shall adopt rules to implement the provisions of this
1355
subsection.
1356
Section 41. Subsections (2), (4), (6), and (17) of section
1357
383.402, Florida Statutes, are amended to read:
1358
383.402 Child abuse death review; State Child Abuse Death
1359
Review Committee; local child abuse death review committees.--
1360
(2)(a) The State Child Abuse Death Review Committee is
1361
established within the Department of Health and shall consist of
1362
a representative of the Department of Health, appointed by the
1363
State Surgeon General Secretary of Health, who shall serve as the
1364
state committee coordinator. The head of each of the following
1365
agencies or organizations shall also appoint a representative to
1366
the state committee:
1367
1. The Department of Legal Affairs.
1368
2. The Department of Children and Family Services.
1369
3. The Department of Law Enforcement.
1370
4. The Department of Education.
1371
5. The Florida Prosecuting Attorneys Association, Inc.
1372
6. The Florida Medical Examiners Commission, whose
1373
representative must be a forensic pathologist.
1374
(b) In addition, the State Surgeon General Secretary of
1375
Health shall appoint the following members to the state
1376
committee, based on recommendations from the Department of Health
1377
and the agencies listed in paragraph (a), and ensuring that the
1378
committee represents the regional, gender, and ethnic diversity
1379
of the state to the greatest extent possible:
1380
1. A board-certified pediatrician.
1381
2. A public health nurse.
1382
3. A mental health professional who treats children or
1383
adolescents.
1384
4. An employee of the Department of Children and Family
1385
Services who supervises family services counselors and who has at
1386
least 5 years of experience in child protective investigations.
1387
5. The medical director of a child protection team.
1388
6. A member of a child advocacy organization.
1389
7. A social worker who has experience in working with
1390
victims and perpetrators of child abuse.
1391
8. A person trained as a paraprofessional in patient
1392
resources who is employed in a child abuse prevention program.
1393
9. A law enforcement officer who has at least 5 years of
1394
experience in children's issues.
1395
10. A representative of the Florida Coalition Against
1396
Domestic Violence.
1397
11. A representative from a private provider of programs on
1398
preventing child abuse and neglect.
1399
(4) The members of the state committee shall be appointed
1400
to staggered terms of office which may not exceed 2 years, as
1401
determined by the State Surgeon General Secretary of Health.
1402
Members are eligible for reappointment. The state committee shall
1403
elect a chairperson from among its members to serve for a 2-year
1404
term, and the chairperson may appoint ad hoc committees as
1405
necessary to carry out the duties of the committee.
1406
(6) At the direction of the State Surgeon General Secretary
1407
of Health, the director of each county health department, or the
1408
directors of two or more county health departments by agreement,
1409
may convene and support a county or multicounty child abuse death
1410
review committee in accordance with the protocols established by
1411
the State Child Abuse Death Review Committee. Each local
1412
committee must include a local state attorney, or his or her
1413
designee, and any other members that are determined by guidelines
1414
developed by the State Child Abuse Death Review Committee. The
1415
members of a local committee shall be appointed to 2-year terms
1416
and may be reappointed. The local committee shall elect a
1417
chairperson from among its members. Members shall serve without
1418
compensation but are entitled to reimbursement for per diem and
1419
travel expenses incurred in the performance of their duties as
1420
provided in s. 112.061 and to the extent that funds are
1421
available.
1422
(17) For the purpose of carrying out the responsibilities
1423
assigned to the State Child Abuse Death Review Committee and the
1424
local review committees, the State Surgeon General Secretary of
1425
Health may substitute an existing entity whose function and
1426
organization include the function and organization of the
1427
committees established by this section.
1428
Section 42. Paragraph (c) of subsection (1) and subsection
1429
(2) of section 385.203, Florida Statutes, are amended to read:
1430
385.203 Diabetes Advisory Council; creation; function;
1431
membership.--
1432
(1) To guide a statewide comprehensive approach to diabetes
1433
prevention, diagnosis, education, care, treatment, impact, and
1434
costs thereof, there is created a Diabetes Advisory Council that
1435
serves as the advisory unit to the Department of Health, other
1436
governmental agencies, professional and other organizations, and
1437
the general public. The council shall:
1438
(c) By June 30 of each year, meet with the State Surgeon
1439
General Secretary of Health or designee to make specific
1440
recommendations regarding the public health aspects of the
1441
prevention and control of diabetes.
1442
(2) The members of the council shall be appointed by the
1443
Governor with advice from the State Surgeon General Secretary of
1444
Health. Members shall serve 4-year terms or until their
1445
successors are appointed or qualified.
1446
Section 43. Subsection (5) of section 385.210, Florida
1447
Statutes, is amended to read:
1448
385.210 Arthritis prevention and education.--
1449
(5) FUNDING.--
1450
(a) The State Surgeon General Secretary of Health may
1451
accept grants, services, and property from the Federal
1452
Government, foundations, organizations, medical schools, and
1453
other entities as may be available for the purposes of fulfilling
1454
the obligations of this program.
1455
(b) The State Surgeon General secretary shall seek any
1456
federal waiver or waivers that may be necessary to maximize funds
1457
from the Federal Government to implement this program.
1458
Section 44. Paragraph (a) of subsection (2) of section
1459
388.46, Florida Statutes, is amended to read:
1460
388.46 Florida Coordinating Council on Mosquito Control;
1461
establishment; membership; organization; responsibilities.--
1462
(2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.--
1463
(a) Membership.--The Florida Coordinating Council on
1464
Mosquito Control shall be comprised of the following
1465
representatives or their authorized designees:
1466
1. The Secretary of Environmental Protection and the State
1467
Surgeon General Secretary of Health;
1468
2. The executive director of the Fish and Wildlife
1469
Conservation Commission;
1470
3. The state epidemiologist;
1471
4. The Commissioner of Agriculture; and
1472
5. Representatives from:
1473
a. The University of Florida, Institute of Food and
1474
Agricultural Sciences, Florida Medical Entomological Research
1475
Laboratory;
1476
b. Florida Agricultural and Mechanical University;
1477
c. The United States Environmental Protection Agency;
1478
d. The United States Department of Agriculture, Insects
1479
Affecting Man Laboratory;
1480
e. The United States Fish and Wildlife Service;
1481
f. Two mosquito control directors to be nominated by the
1482
Florida Mosquito Control Association, two representatives of
1483
Florida environmental groups, and two private citizens who are
1484
property owners whose lands are regularly subject to mosquito
1485
control operations, to be appointed to 4-year terms by the
1486
Commissioner of Agriculture; and
1487
g. The Board of Trustees of the Internal Improvement Trust
1488
Fund.
1489
Section 45. Subsection (1) of section 391.028, Florida
1490
Statutes, is amended to read:
1491
391.028 Administration.--The Children's Medical Services
1492
program shall have a central office and area offices.
1493
(1) The Director of Children's Medical Services must be a
1494
physician licensed under chapter 458 or chapter 459 who has
1495
specialized training and experience in the provision of health
1496
care to children and who has recognized skills in leadership and
1497
the promotion of children's health programs. The director shall
1498
be the deputy secretary and the Deputy State Health Officer for
1499
Children's Medical Services and is appointed by and reports to
1500
the State Surgeon General secretary. The director may appoint
1501
division directors subject to the approval of the State Surgeon
1502
General secretary.
1503
Section 46. Subsection (1) of section 391.221, Florida
1504
Statutes, is amended to read:
1505
391.221 Statewide Children's Medical Services Network
1506
Advisory Council.--
1507
(1) The State Surgeon General secretary of the department
1508
may appoint a Statewide Children's Medical Services Network
1509
Advisory Council for the purpose of acting as an advisory body to
1510
the department. Specifically, the duties of the council shall
1511
include, but not be limited to:
1512
(a) Recommending standards and credentialing requirements
1513
for health care providers rendering health services to Children's
1514
Medical Services network participants.
1515
(b) Making recommendations to the director of Children's
1516
Medical Services concerning the selection of health care
1517
providers for the Children's Medical Services network.
1518
(c) Reviewing and making recommendations concerning network
1519
health care provider or participant disputes that are brought to
1520
the attention of the advisory council.
1521
(d) Providing input to the Children's Medical Services
1522
program on the policies governing the Children's Medical Services
1523
network.
1524
(e) Reviewing the financial reports and financial status of
1525
the network and making recommendations concerning the methods of
1526
payment and cost controls for the network.
1527
(f) Reviewing and recommending the scope of benefits for
1528
the network.
1529
(g) Reviewing network performance measures and outcomes and
1530
making recommendations for improvements to the network and its
1531
maintenance and collection of data and information.
1532
Section 47. Section 391.223, Florida Statutes, is amended
1533
to read:
1534
391.223 Technical advisory panels.--The State Surgeon
1535
General secretary of the department may establish technical
1536
advisory panels to assist in developing specific policies and
1537
procedures for the Children's Medical Services program.
1538
Section 48. Paragraph (b) of subsection (1) of section
1539
397.333, Florida Statutes, is amended to read:
1540
397.333 Statewide Drug Policy Advisory Council.--
1541
(1)
1542
(b) The following state officials shall be appointed to
1543
serve on the advisory council:
1544
1. The Attorney General, or his or her designee.
1545
2. The executive director of the Department of Law
1546
Enforcement, or his or her designee.
1547
3. The Secretary of Children and Family Services, or his or
1548
her designee.
1549
4. The State Surgeon General Secretary of Health, or his or
1550
her designee.
1551
5. The Secretary of Corrections, or his or her designee.
1552
6. The Secretary of Juvenile Justice, or his or her
1553
designee.
1554
7. The Commissioner of Education, or his or her designee.
1555
8. The executive director of the Department of Highway
1556
Safety and Motor Vehicles, or his or her designee.
1557
9. The Adjutant General of the state as the Chief of the
1558
Department of Military Affairs, or his or her designee.
1559
Section 49. Paragraph (a) of subsection (3) of section
1560
400.235, Florida Statutes, is amended to read:
1561
400.235 Nursing home quality and licensure status; Gold
1562
Seal Program.--
1563
(3)(a) The Gold Seal Program shall be developed and
1564
implemented by the Governor's Panel on Excellence in Long-Term
1565
Care which shall operate under the authority of the Executive
1566
Office of the Governor. The panel shall be composed of three
1567
persons appointed by the Governor, to include a consumer advocate
1568
for senior citizens and two persons with expertise in the fields
1569
of quality management, service delivery excellence, or public
1570
sector accountability; three persons appointed by the Secretary
1571
of Elderly Affairs, to include an active member of a nursing
1572
facility family and resident care council and a member of the
1573
University Consortium on Aging; the State Long-Term Care
1574
Ombudsman; one person appointed by the Florida Life Care
1575
Residents Association; one person appointed by the State Surgeon
1576
General Secretary of Health; two persons appointed by the
1577
Secretary of Health Care Administration; one person appointed by
1578
the Florida Association of Homes for the Aging; and one person
1579
appointed by the Florida Health Care Association. Vacancies on
1580
the panel shall be filled in the same manner as the original
1581
appointments.
1582
Section 50. Subsection (21) of section 401.23, Florida
1583
Statutes, is repealed.
1584
Section 51. Paragraphs (a) and (c) of subsection (2) and
1585
subsection (6) of section 401.245, Florida Statutes, are amended
1586
to read:
1587
401.245 Emergency Medical Services Advisory Council.--
1588
(2)(a) No more than 15 members may be appointed to this
1589
council. Members shall be appointed for 4-year terms in such a
1590
manner that each year the terms of approximately one-fourth of
1591
the members expire. The chair of the council shall be designated
1592
by the State Surgeon General secretary. Vacancies shall be filled
1593
for the remainder of unexpired terms in the same manner as the
1594
original appointment. Members shall receive no compensation but
1595
may be reimbursed for per diem and travel expenses.
1596
(c) Appointments to the council shall be made by the State
1597
Surgeon General secretary, except that state agency
1598
representatives shall be appointed by the respective agency head.
1599
(6) There is established a committee to advise the
1600
Department of Health on matters concerning preventative,
1601
prehospital, hospital, rehabilitative, and other posthospital
1602
medical care for children.
1603
(a) Committee members shall be appointed by the State
1604
Surgeon General secretary, and shall include, but not be limited
1605
to, physicians and other medical professionals that have
1606
experience in emergency medicine or expertise in emergency and
1607
critical care for children.
1608
(b) Appointments to the committee shall be for a term of 2
1609
years. Vacancies may be filled for the unexpired term at the
1610
discretion of the State Surgeon General secretary. The members
1611
shall serve without compensation, and shall not be reimbursed for
1612
necessary expenses incurred in the performance of their duties,
1613
unless there is funding available from the Federal Government or
1614
contributions or grants from private sources.
1615
Section 52. Subsection (1) of section 401.421, Florida
1616
Statutes, is amended to read:
1617
401.421 Injunctive relief; cease and desist notice; civil
1618
penalty; enforcement.--
1619
(1) The State Surgeon General secretary may cause to be
1620
instituted a civil action in circuit court for preliminary or
1621
permanent injunctive relief to remedy or prevent a violation of
1622
this part or any rule adopted by the department under this part.
1623
Section 53. Paragraph (a) of subsection (4) of section
1624
402.56, Florida Statutes, is amended to read:
1625
402.56 Children's cabinet; organization; responsibilities;
1626
annual report.--
1627
(4) MEMBERS.--The cabinet shall consist of 15 members
1628
including the Governor and the following persons:
1629
(a)1. The Secretary of Children and Family Services;
1630
2. The Secretary of Juvenile Justice;
1631
3. The director of the Agency for Persons with
1632
Disabilities;
1633
4. The director of the Agency for Workforce Innovation;
1634
5. The State Surgeon General Secretary of Health;
1635
6. The Secretary of Health Care Administration;
1636
7. The Commissioner of Education;
1637
8. The director of the Statewide Guardian Ad Litem Office;
1638
9. The director of the Office of Child Abuse Prevention;
1639
and
1640
10. Five members representing children and youth advocacy
1641
organizations, who are not service providers and who are
1642
appointed by the Governor.
1643
Section 54. Subsections (1), (4), and (5) of section
1644
403.862, Florida Statutes, are amended to read:
1645
403.862 Department of Health; public water supply duties
1646
and responsibilities; coordinated budget requests with
1647
department.--
1648
(1) Recognizing that supervision and control of county
1649
health departments of the Department of Health is retained by the
1650
State Surgeon General secretary of that agency, and that public
1651
health aspects of the state public water supply program require
1652
joint participation in the program by the Department of Health
1653
and its units and the department, the Department of Health shall:
1654
(a) Establish and maintain laboratories for the conducting
1655
of radiological, microbiological, and chemical analyses of water
1656
samples from public water systems, which are submitted to such
1657
laboratories for analysis. Copies of the reports of such analyses
1658
and quarterly summary reports shall be submitted to the
1659
appropriate department district or subdistrict office.
1660
(b) Require each county health department to:
1661
1. Collect such water samples for analysis as may be
1662
required by the terms of this act, from public water systems
1663
within its jurisdiction. The duty to collect such samples may be
1664
shared with the appropriate department district or subdistrict
1665
office and shall be coordinated by field personnel involved.
1666
2. Submit the collected water samples to the appropriate
1667
laboratory for analysis.
1668
3. Maintain reports of analyses for its own records.
1669
4. Conduct complaint investigation of public water systems
1670
to determine compliance with federal, state, and local standards
1671
and permit compliance.
1672
5. Notify the appropriate department district or
1673
subdistrict office of potential violations of federal, state, and
1674
local standards and permit conditions by public water systems and
1675
assist the department in enforcement actions with respect to such
1676
violations to the maximum extent practicable.
1677
6. Review and evaluate laboratory analyses of water samples
1678
from private water systems.
1679
(c) Require those county health departments designated by
1680
the Department of Health and approved by the department as having
1681
qualified sanitary engineering staffs and available legal
1682
resources, in addition to the duties prescribed in paragraph (b),
1683
to:
1684
1. Review, evaluate, and approve or disapprove each
1685
application for the construction, modification, or expansion of a
1686
public water system to determine compliance with federal, state,
1687
and local requirements. A copy of the completed permit
1688
application and a report of the final action taken by the county
1689
health department shall be forwarded to the appropriate
1690
department district office.
1691
2. Review, evaluate, and approve or disapprove applications
1692
for the expansion of distribution systems. Written notification
1693
of action taken on such applications shall be forwarded to the
1694
appropriate department district or subdistrict office.
1695
3. Maintain inventory, operational, and bacteriological
1696
records and carry out monitoring, surveillance, and sanitary
1697
surveys of public water systems to ensure compliance with
1698
federal, state, and local regulations.
1699
4. Participate in educational and training programs
1700
relating to drinking water and public water systems.
1701
5. Enforce the provisions of this part and rules adopted
1702
under this part.
1703
(d) Require those county health departments designated by
1704
the Department of Health as having the capability of performing
1705
bacteriological analyses, in addition to the duties prescribed in
1706
paragraph (b), to:
1707
1. Perform bacteriological analyses of water samples
1708
submitted for analysis.
1709
2. Submit copies of the reports of such analyses to the
1710
appropriate department district or subdistrict office.
1711
(e) Make available to the central and branch laboratories
1712
funds sufficient, to the maximum extent possible, to carry out
1713
the public water supply functions and responsibilities required
1714
of such laboratories as provided in this section.
1715
(f) Have general supervision and control over all private
1716
water systems and all public water systems not otherwise covered
1717
or included in this part. This shall include the authority to
1718
adopt and enforce rules, including definitions of terms, to
1719
protect the health, safety, or welfare of persons being served by
1720
all private water systems and all public water systems not
1721
otherwise covered by this part.
1722
(g) Assist state and local agencies in the determination
1723
and investigation of suspected waterborne disease outbreaks,
1724
including diseases associated with chemical contaminants.
1725
(h) Upon request, consult with and advise any county or
1726
municipal authority as to water supply activities.
1727
(4) If the department determines that a county health
1728
department or other unit of the Department of Health is not
1729
performing its public water supply responsibilities
1730
satisfactorily, the secretary of the department shall certify
1731
such determination in writing to the State Surgeon General
1732
Secretary of Health. The State Surgeon General Secretary of
1733
Health shall evaluate the determination of the department and
1734
shall inform the secretary of the department of his or her
1735
evaluation. Upon concurrence, the State Surgeon General Secretary
1736
of Health shall take immediate corrective action.
1737
(5) Nothing in this section shall serve to negate the
1738
powers, duties, and responsibilities of the State Surgeon General
1739
Secretary of Health relating to the protection of the public from
1740
the spread of communicable disease, epidemics, and plagues.
1741
Section 55. Paragraph (c) of subsection (1) of section
1742
406.02, Florida Statutes, is amended to read:
1743
406.02 Medical Examiners Commission; membership; terms;
1744
duties; staff.--
1745
(1) There is created the Medical Examiners Commission
1746
within the Department of Law Enforcement. The commission shall
1747
consist of nine persons appointed or selected as follows:
1748
(c) One member shall be the State Surgeon General Secretary
1749
of Health or her or his designated representative.
1750
Section 56. Paragraph (d) of subsection (1) of section
1751
408.916, Florida Statutes, is amended to read:
1752
408.916 Steering committee.--In order to guide the
1753
implementation of the pilot project, there is created a Health
1754
Care Access Steering Committee.
1755
(1) The steering committee shall be composed of the
1756
following members:
1757
(d) The State Surgeon General Secretary of Health.
1758
Section 57. Paragraph (a) of subsection (1) of section
1759
409.352, Florida Statutes, is amended to read:
1760
409.352 Licensing requirements for physicians, osteopathic
1761
physicians, and chiropractic physicians employed by the
1762
department.--
1763
(1) It is the intent of the Legislature that physicians
1764
providing services in state institutions meet the professional
1765
standards of their respective licensing boards and that such
1766
institutions make every reasonable effort to assure that all
1767
physicians employed are licensed, or will become licensed, in
1768
this state. When state-licensed physicians cannot be obtained in
1769
sufficient numbers to provide quality services, the licensing
1770
requirements in chapters 458, 459, and 460 to the contrary
1771
notwithstanding, persons employed as physicians, osteopathic
1772
physicians, or chiropractic physicians in a state institution,
1773
except those under the control of the Department of Corrections
1774
on June 28, 1977, may be exempted from licensure in accordance
1775
with the following provisions:
1776
(a) No more than 10 percent of such persons shall be
1777
exempted from licensure during their continued employment in a
1778
state institution. Those persons who shall be so exempted shall
1779
be selected by the State Surgeon General secretary of the
1780
Department of Health. In making the selection, the State Surgeon
1781
General secretary shall submit his or her recommendations to the
1782
appropriate licensing board for a determination by the board,
1783
without written examination, of whether or not the person
1784
recommended meets the professional standards required of such
1785
person in the performance of his or her duties or functions. The
1786
criteria to be used by the respective board in making its
1787
determination shall include, but not be limited to, the person's
1788
professional educational background, formal specialty training,
1789
and professional experience within the 10 years immediately
1790
preceding employment by the state institution.
1791
Section 58. Subsection (4) of section 409.91255, Florida
1792
Statutes, is amended to read:
1793
409.91255 Federally qualified health center access
1794
program.--
1795
(4) EVALUATION OF APPLICATIONS.--A review panel shall be
1796
established, consisting of four persons appointed by the State
1797
Surgeon General Secretary of Health and three persons appointed
1798
by the chief executive officer of the Florida Association of
1799
Community Health Centers, Inc., to review all applications for
1800
financial assistance under the program. Applicants shall specify
1801
in the application whether the program funds will be used for the
1802
expansion of patient caseloads or services or for capital
1803
improvement projects to expand and improve patient facilities.
1804
The panel shall use the following elements in reviewing
1805
application proposals and shall determine the relative weight for
1806
scoring and evaluating these elements:
1807
(a) The target population to be served.
1808
(b) The health benefits to be provided.
1809
(c) The methods that will be used to measure cost-
1810
effectiveness.
1811
(d) How patient satisfaction will be measured.
1812
(e) The proposed internal quality assurance process.
1813
(f) Projected health status outcomes.
1814
(g) How data will be collected to measure cost-
1815
effectiveness, health status outcomes, and overall achievement of
1816
the goals of the proposal.
1817
(h) All resources, including cash, in-kind, voluntary, or
1818
other resources that will be dedicated to the proposal.
1819
Section 59. Paragraphs (b) and (f) of subsection (2) of
1820
section 413.271, Florida Statutes, are amended to read:
1821
413.271 Florida Coordinating Council for the Deaf and Hard
1822
of Hearing.--
1823
(2)
1824
(b) The coordinating council shall be composed of 17
1825
members. The appointment of members not representing agencies
1826
shall be made by the Governor. The appointment of members
1827
representing organizations shall be made by the Governor in
1828
consultation with those organizations. The membership shall be as
1829
follows:
1830
1. Two members representing the Florida Association of the
1831
Deaf.
1832
2. Two members representing the Florida Association of Self
1833
Help for Hard of Hearing People.
1834
3. A member representing the Association of Late-Deafened
1835
Adults.
1836
4. An individual who is deaf and blind.
1837
5. A parent of an individual who is deaf.
1838
6. A member representing the Deaf Service Center
1839
Association.
1840
7. A member representing the Florida Registry of
1841
Interpreters for the Deaf.
1842
8. A member representing the Florida Alexander Graham Bell
1843
Association for the Deaf and Hard of Hearing.
1844
9. A communication access realtime translator.
1845
10. An audiologist licensed under part I of chapter 468.
1846
11. A hearing aid specialist licensed under part II of
1847
chapter 484.
1848
12. The Secretary of Children and Family Services or his or
1849
her designee.
1850
13. The State Surgeon General Secretary of Health or his or
1851
her designee.
1852
14. The Commissioner of Education or his or her designee.
1853
15. The Secretary of Elderly Affairs or his or her
1854
designee.
1855
1856
If any organization from which a representative is to be drawn
1857
ceases to exist, a representative of a similar organization shall
1858
be named to the coordinating council. The Governor shall make
1859
appointments to the coordinating council no later than August 1,
1860
2004, and may remove any member for cause. Each member shall be
1861
appointed to a term of 4 years. However, for the purpose of
1862
providing staggered terms, of the initial appointments not
1863
representing state agencies, seven members, including the
1864
audiologist and the hearing aid specialist, shall be appointed to
1865
2-year terms and six members shall be appointed to 4-year terms.
1866
Any vacancy on the coordinating council shall be filled in the
1867
same manner as the original appointment, and any member appointed
1868
to fill a vacancy occurring because of death, resignation, or
1869
ineligibility for membership shall serve only for the unexpired
1870
term of the member's predecessor. Prior to serving on the
1871
coordinating council, all appointees must attend orientation
1872
training that shall address, at a minimum, the provisions of this
1873
section; the programs operated by the coordinating council; the
1874
role and functions of the coordinating council; the current
1875
budget for the coordinating council; the results of the most
1876
recent formal audit of the coordinating council; and the
1877
requirements of the state's public records law, the code of
1878
ethics, the Administrative Procedure Act, and other laws relating
1879
to public officials, including conflict-of-interest laws.
1880
(f) Staff of the Department of Health shall be assigned by
1881
the State Surgeon General Secretary of Health to assist the
1882
council in the duties assigned to it by this section.
1883
Section 60. Subsection (2) of section 420.622, Florida
1884
Statutes, is amended to read:
1885
420.622 State Office on Homelessness; Council on
1886
Homelessness.--
1887
(2) The Council on Homelessness is created to consist of a
1888
15-member council of public and private agency representatives
1889
who shall develop policy and advise the State Office on
1890
Homelessness. The council members shall be: the Secretary of
1891
Children and Family Services, or his or her designee; the
1892
Secretary of Community Affairs, or his or her designee; the State
1893
Surgeon General Secretary of Health, or his or her designee; the
1894
Executive Director of Veterans' Affairs, or his or her designee;
1895
the Secretary of Corrections, or his or her designee; the
1896
Director of Workforce Florida, Inc., or his or her designee; one
1897
representative of the Florida Association of Counties; one
1898
representative of the Florida Coalition for Supportive Housing;
1899
the Executive Director of the Florida Housing Finance
1900
Corporation, or his or her designee; one representative of the
1901
Florida Coalition for the Homeless; one representative of the
1902
Florida State Rural Development Council; and four members
1903
appointed by the Governor. The council members shall be
1904
volunteer, nonpaid persons and shall be reimbursed for travel
1905
expenses only. The appointed members of the council shall serve
1906
staggered 2-year terms, and the council shall meet at least four
1907
times per year. The importance of minority, gender, and
1908
geographic representation must be considered when appointing
1909
members to the council.
1910
Section 61. Section 456.005, Florida Statutes, is amended
1911
to read:
1912
456.005 Long-range policy planning; plans, reports, and
1913
recommendations.--To facilitate efficient and cost-effective
1914
regulation, the department and the board, where appropriate,
1915
shall develop and implement a long-range policy planning and
1916
monitoring process to include recommendations specific to each
1917
profession. Such process shall include estimates of revenues,
1918
expenditures, cash balances, and performance statistics for each
1919
profession. The period covered shall not be less than 5 years.
1920
The department, with input from the boards, shall develop the
1921
long-range plan and must obtain the approval of the State Surgeon
1922
General secretary. The department shall monitor compliance with
1923
the approved long-range plan and, with input from the boards,
1924
shall annually update the plans for approval by the State Surgeon
1925
General secretary. The department shall provide concise
1926
management reports to the boards quarterly. As part of the review
1927
process, the department shall evaluate:
1928
(1) Whether the department, including the boards and the
1929
various functions performed by the department, is operating
1930
efficiently and effectively and if there is a need for a board or
1931
council to assist in cost-effective regulation.
1932
(2) How and why the various professions are regulated.
1933
(3) Whether there is a need to continue regulation, and to
1934
what degree.
1935
(4) Whether or not consumer protection is adequate, and how
1936
it can be improved.
1937
(5) Whether there is consistency between the various
1938
practice acts.
1939
(6) Whether unlicensed activity is adequately enforced.
1940
1941
Such plans should include conclusions and recommendations on
1942
these and other issues as appropriate. Such plans shall be
1943
provided to the Governor and the Legislature by November 1 of
1944
each year.
1945
Section 62. Subsections (4) and (5) of section 456.011,
1946
Florida Statutes, are amended to read:
1947
456.011 Boards; organization; meetings; compensation and
1948
travel expenses.--
1949
(4) Unless otherwise provided by law, a board member or
1950
former board member serving on a probable cause panel shall be
1951
compensated $50 for each day in attendance at an official meeting
1952
of the board and for each day of participation in any other
1953
business involving the board. Each board shall adopt rules
1954
defining the phrase "other business involving the board," but the
1955
phrase may not routinely be defined to include telephone
1956
conference calls that last less than 4 hours. A board member also
1957
shall be entitled to reimbursement for expenses pursuant to s.
1958
112.061. Travel out of state shall require the prior approval of
1959
the State Surgeon General secretary.
1960
(5) When two or more boards have differences between them,
1961
the boards may elect to, or the State Surgeon General secretary
1962
may request that the boards, establish a special committee to
1963
settle those differences. The special committee shall consist of
1964
three members designated by each board, who may be members of the
1965
designating board or other experts designated by the board, and
1966
of one additional person designated and agreed to by the members
1967
of the special committee. In the event the special committee
1968
cannot agree on the additional designee, upon request of the
1969
special committee, the State Surgeon General secretary may select
1970
the designee. The committee shall recommend rules necessary to
1971
resolve the differences. If a rule adopted pursuant to this
1972
provision is challenged, the participating boards shall share the
1973
costs associated with defending the rule or rules. The department
1974
shall provide legal representation for any special committee
1975
established pursuant to this section.
1976
Section 63. Subsections (1) and (2) of section 456.012,
1977
Florida Statutes, are amended to read:
1978
456.012 Board rules; final agency action; challenges.--
1979
(1) The State Surgeon General secretary of the department
1980
shall have standing to challenge any rule or proposed rule of a
1981
board under its jurisdiction pursuant to s. 120.56. In addition
1982
to challenges for any invalid exercise of delegated legislative
1983
authority, the administrative law judge, upon such a challenge by
1984
the State Surgeon General secretary, may declare all or part of a
1985
rule or proposed rule invalid if it:
1986
(a) Does not protect the public from any significant and
1987
discernible harm or damages;
1988
(b) Unreasonably restricts competition or the availability
1989
of professional services in the state or in a significant part of
1990
the state; or
1991
(c) Unnecessarily increases the cost of professional
1992
services without a corresponding or equivalent public benefit.
1993
1994
However, there shall not be created a presumption of the
1995
existence of any of the conditions cited in this subsection in
1996
the event that the rule or proposed rule is challenged.
1997
(2) In addition, either the State Surgeon General secretary
1998
or the board shall be a substantially interested party for
1999
purposes of s. 120.54(7). The board may, as an adversely affected
2000
party, initiate and maintain an action pursuant to s. 120.68
2001
challenging the final agency action.
2002
Section 64. Paragraph (z) of subsection (1) of section
2003
456.072, Florida Statutes, is amended to read:
2004
456.072 Grounds for discipline; penalties; enforcement.--
2005
(1) The following acts shall constitute grounds for which
2006
the disciplinary actions specified in subsection (2) may be
2007
taken:
2008
(z) Being unable to practice with reasonable skill and
2009
safety to patients by reason of illness or use of alcohol, drugs,
2010
narcotics, chemicals, or any other type of material or as a
2011
result of any mental or physical condition. In enforcing this
2012
paragraph, the department shall have, upon a finding of the State
2013
Surgeon General secretary or the State Surgeon General's
2014
secretary's designee that probable cause exists to believe that
2015
the licensee is unable to practice because of the reasons stated
2016
in this paragraph, the authority to issue an order to compel a
2017
licensee to submit to a mental or physical examination by
2018
physicians designated by the department. If the licensee refuses
2019
to comply with the order, the department's order directing the
2020
examination may be enforced by filing a petition for enforcement
2021
in the circuit court where the licensee resides or does business.
2022
The department shall be entitled to the summary procedure
2023
provided in s. 51.011. A licensee or certificateholder affected
2024
under this paragraph shall at reasonable intervals be afforded an
2025
opportunity to demonstrate that he or she can resume the
2026
competent practice of his or her profession with reasonable skill
2027
and safety to patients.
2028
Section 65. Subsections (1), (4), and (8) of section
2029
456.073, Florida Statutes, are amended to read:
2030
456.073 Disciplinary proceedings.--Disciplinary proceedings
2031
for each board shall be within the jurisdiction of the
2032
department.
2033
(1) The department, for the boards under its jurisdiction,
2034
shall cause to be investigated any complaint that is filed before
2035
it if the complaint is in writing, signed by the complainant, and
2036
legally sufficient. A complaint filed by a state prisoner against
2037
a health care practitioner employed by or otherwise providing
2038
health care services within a facility of the Department of
2039
Corrections is not legally sufficient unless there is a showing
2040
that the prisoner complainant has exhausted all available
2041
administrative remedies within the state correctional system
2042
before filing the complaint. However, if the Department of Health
2043
determines after a preliminary inquiry of a state prisoner's
2044
complaint that the practitioner may present a serious threat to
2045
the health and safety of any individual who is not a state
2046
prisoner, the Department of Health may determine legal
2047
sufficiency and proceed with discipline. The Department of Health
2048
shall be notified within 15 days after the Department of
2049
Corrections disciplines or allows a health care practitioner to
2050
resign for an offense related to the practice of his or her
2051
profession. A complaint is legally sufficient if it contains
2052
ultimate facts that show that a violation of this chapter, of any
2053
of the practice acts relating to the professions regulated by the
2054
department, or of any rule adopted by the department or a
2055
regulatory board in the department has occurred. In order to
2056
determine legal sufficiency, the department may require
2057
supporting information or documentation. The department may
2058
investigate, and the department or the appropriate board may take
2059
appropriate final action on, a complaint even though the original
2060
complainant withdraws it or otherwise indicates a desire not to
2061
cause the complaint to be investigated or prosecuted to
2062
completion. The department may investigate an anonymous complaint
2063
if the complaint is in writing and is legally sufficient, if the
2064
alleged violation of law or rules is substantial, and if the
2065
department has reason to believe, after preliminary inquiry, that
2066
the violations alleged in the complaint are true. The department
2067
may investigate a complaint made by a confidential informant if
2068
the complaint is legally sufficient, if the alleged violation of
2069
law or rule is substantial, and if the department has reason to
2070
believe, after preliminary inquiry, that the allegations of the
2071
complainant are true. The department may initiate an
2072
investigation if it has reasonable cause to believe that a
2073
licensee or a group of licensees has violated a Florida statute,
2074
a rule of the department, or a rule of a board. Notwithstanding
2075
subsection (13), the department may investigate information filed
2076
pursuant to s. 456.041(4) relating to liability actions with
2077
respect to practitioners licensed under chapter 458 or chapter
2079
within the previous 6 years for any paid claim that exceeds
2082
is undertaken, the department shall promptly furnish to the
2083
subject or the subject's attorney a copy of the complaint or
2084
document that resulted in the initiation of the investigation.
2085
The subject may submit a written response to the information
2086
contained in such complaint or document within 20 days after
2087
service to the subject of the complaint or document. The
2088
subject's written response shall be considered by the probable
2089
cause panel. The right to respond does not prohibit the issuance
2090
of a summary emergency order if necessary to protect the public.
2091
However, if the State Surgeon General secretary, or the State
2092
Surgeon General's secretary's designee, and the chair of the
2093
respective board or the chair of its probable cause panel agree
2094
in writing that such notification would be detrimental to the
2095
investigation, the department may withhold notification. The
2096
department may conduct an investigation without notification to
2097
any subject if the act under investigation is a criminal offense.
2098
(4) The determination as to whether probable cause exists
2099
shall be made by majority vote of a probable cause panel of the
2100
board, or by the department, as appropriate. Each regulatory
2101
board shall provide by rule that the determination of probable
2102
cause shall be made by a panel of its members or by the
2103
department. Each board may provide by rule for multiple probable
2104
cause panels composed of at least two members. Each board may
2105
provide by rule that one or more members of the panel or panels
2106
may be a former board member. The length of term or repetition of
2107
service of any such former board member on a probable cause panel
2108
may vary according to the direction of the board when authorized
2109
by board rule. Any probable cause panel must include one of the
2110
board's former or present consumer members, if one is available,
2111
is willing to serve, and is authorized to do so by the board
2112
chair. Any probable cause panel must include a present board
2113
member. Any probable cause panel must include a former or present
2114
professional board member. However, any former professional board
2115
member serving on the probable cause panel must hold an active
2116
valid license for that profession. All proceedings of the panel
2117
are exempt from s. 286.011 until 10 days after probable cause has
2118
been found to exist by the panel or until the subject of the
2119
investigation waives his or her privilege of confidentiality. The
2120
probable cause panel may make a reasonable request, and upon such
2121
request the department shall provide such additional
2122
investigative information as is necessary to the determination of
2123
probable cause. A request for additional investigative
2124
information shall be made within 15 days from the date of receipt
2125
by the probable cause panel of the investigative report of the
2126
department or the agency. The probable cause panel or the
2127
department, as may be appropriate, shall make its determination
2128
of probable cause within 30 days after receipt by it of the final
2129
investigative report of the department. The State Surgeon General
2130
secretary may grant extensions of the 15-day and the 30-day time
2131
limits. In lieu of a finding of probable cause, the probable
2132
cause panel, or the department if there is no board, may issue a
2133
letter of guidance to the subject. If, within the 30-day time
2134
limit, as may be extended, the probable cause panel does not make
2135
a determination regarding the existence of probable cause or does
2136
not issue a letter of guidance in lieu of a finding of probable
2137
cause, the department must make a determination regarding the
2138
existence of probable cause within 10 days after the expiration
2139
of the time limit. If the probable cause panel finds that
2140
probable cause exists, it shall direct the department to file a
2141
formal complaint against the licensee. The department shall
2142
follow the directions of the probable cause panel regarding the
2143
filing of a formal complaint. If directed to do so, the
2144
department shall file a formal complaint against the subject of
2145
the investigation and prosecute that complaint pursuant to
2146
chapter 120. However, the department may decide not to prosecute
2147
the complaint if it finds that probable cause has been
2148
improvidently found by the panel. In such cases, the department
2149
shall refer the matter to the board. The board may then file a
2150
formal complaint and prosecute the complaint pursuant to chapter
2151
120. The department shall also refer to the board any
2152
investigation or disciplinary proceeding not before the Division
2153
of Administrative Hearings pursuant to chapter 120 or otherwise
2154
completed by the department within 1 year after the filing of a
2155
complaint. The department, for disciplinary cases under its
2156
jurisdiction, must establish a uniform reporting system to
2157
quarterly refer to each board the status of any investigation or
2158
disciplinary proceeding that is not before the Division of
2159
Administrative Hearings or otherwise completed by the department
2160
within 1 year after the filing of the complaint. Annually, the
2161
department, in consultation with the applicable probable cause
2162
panel, must establish a plan to expedite or otherwise close any
2163
investigation or disciplinary proceeding that is not before the
2164
Division of Administrative Hearings or otherwise completed by the
2165
department within 1 year after the filing of the complaint. A
2166
probable cause panel or a board may retain independent legal
2167
counsel, employ investigators, and continue the investigation as
2168
it deems necessary; all costs thereof shall be paid from a trust
2169
fund used by the department to implement this chapter. All
2170
proceedings of the probable cause panel are exempt from s.
2171
2172
(8) Any proceeding for the purpose of summary suspension of
2173
a license, or for the restriction of the license, of a licensee
2174
pursuant to s. 120.60(6) shall be conducted by the State Surgeon
2175
General secretary of the Department of Health or his or her
2176
designee, as appropriate, who shall issue the final summary
2177
order.
2178
Section 66. Subsection (2) of section 456.074, Florida
2179
Statutes, is amended to read:
2180
456.074 Certain health care practitioners; immediate
2181
suspension of license.--
2182
(2) If the board has previously found any physician or
2183
osteopathic physician in violation of the provisions of s.
2185
treatment of three or more patients, and the probable cause panel
2186
of the board finds probable cause of an additional violation of
2187
that section, then the State Surgeon General Secretary of Health
2188
shall review the matter to determine if an emergency suspension
2189
or restriction order is warranted. Nothing in this section shall
2190
be construed so as to limit the authority of the State Surgeon
2191
General secretary of the department to issue an emergency order.
2192
Section 67. Paragraph (b) of subsection (5) of section
2193
456.076, Florida Statutes, is amended to read:
2194
456.076 Treatment programs for impaired practitioners.--
2195
(5)
2196
(b) If in the opinion of the consultant, after consultation
2197
with the treatment provider, an impaired licensee has not
2198
progressed satisfactorily in a treatment program, all information
2199
regarding the issue of a licensee's impairment and participation
2200
in a treatment program in the consultant's possession shall be
2201
disclosed to the department. Such disclosure shall constitute a
2202
complaint pursuant to the general provisions of s. 456.073.
2203
Whenever the consultant concludes that impairment affects a
2204
licensee's practice and constitutes an immediate, serious danger
2205
to the public health, safety, or welfare, that conclusion shall
2206
be communicated to the State Surgeon General secretary of the
2207
department.
2208
Section 68. Paragraph (o) of subsection (1) of section
2209
457.109, Florida Statutes, is amended to read:
2210
457.109 Disciplinary actions; grounds; action by the
2211
board.--
2212
(1) The following acts constitute grounds for denial of a
2213
license or disciplinary action, as specified in s. 456.072(2):
2214
(o) Being unable to practice acupuncture with reasonable
2215
skill and safety to patients by reason of illness or use of
2216
alcohol, drugs, narcotics, chemicals, or any other type of
2217
material or as a result of any mental or physical condition. In
2218
enforcing this paragraph, upon a finding of the State Surgeon
2219
General secretary or the State Surgeon General's secretary's
2220
designee that probable cause exists to believe that the licensee
2221
is unable to serve as an acupuncturist due to the reasons stated
2222
in this paragraph, the department shall have the authority to
2223
issue an order to compel the licensee to submit to a mental or
2224
physical examination by a physician designated by the department.
2225
If the licensee refuses to comply with such order, the
2226
department's order directing such examination may be enforced by
2227
filing a petition for enforcement in the circuit court where the
2228
licensee resides or serves as an acupuncturist. The licensee
2229
against whom the petition is filed shall not be named or
2230
identified by initials in any public court record or document,
2231
and the proceedings shall be closed to the public. The department
2232
shall be entitled to the summary procedure provided in s. 51.011.
2233
An acupuncturist affected under this paragraph shall at
2234
reasonable intervals be afforded an opportunity to demonstrate
2235
that he or she can resume the competent practice of acupuncture
2236
with reasonable skill and safety to patients. In any proceeding
2237
under this paragraph, neither the record of proceedings nor the
2238
orders entered by the department shall be used against an
2239
acupuncturist in any other proceeding.
2240
Section 69. Subsection (4) of section 458.311, Florida
2241
Statutes, is amended to read:
2242
458.311 Licensure by examination; requirements; fees.--
2243
(4) The department and the board shall assure that
2244
applicants for licensure meet the criteria in subsection (1)
2245
through an investigative process. When the investigative process
2246
is not completed within the time set out in s. 120.60(1) and the
2247
department or board has reason to believe that the applicant does
2248
not meet the criteria, the State Surgeon General secretary or the
2249
State Surgeon General's secretary's designee may issue a 90-day
2250
licensure delay which shall be in writing and sufficient to
2251
notify the applicant of the reason for the delay. The provisions
2252
of this subsection shall control over any conflicting provisions
2253
of s. 120.60(1).
2254
Section 70. Subsection (3) of section 458.313, Florida
2255
Statutes, is amended to read:
2256
458.313 Licensure by endorsement; requirements; fees.--
2257
(3) The department and the board shall ensure that
2258
applicants for licensure by endorsement meet applicable criteria
2259
in this chapter through an investigative process. When the
2260
investigative process is not completed within the time set out in
2261
s. 120.60(1) and the department or board has reason to believe
2262
that the applicant does not meet the criteria, the State Surgeon
2263
General secretary or the State Surgeon General's secretary's
2264
designee may issue a 90-day licensure delay which shall be in
2265
writing and sufficient to notify the applicant of the reason for
2266
the delay. The provisions of this subsection shall control over
2267
any conflicting provisions of s. 120.60(1).
2268
Section 71. Paragraph (b) of subsection (2) of section
2269
458.316, Florida Statutes, is amended to read:
2270
458.316 Public health certificate.--
2271
(2) Such certificate shall be issued pursuant to the
2272
following conditions:
2273
(b) The certificate is subject to biennial renewal and
2274
shall be renewable only if the State Surgeon General secretary of
2275
the Department of Health recommends in writing that the
2276
certificate be renewed.
2277
Section 72. Paragraph (b) of subsection (1) of section
2278
458.3165, Florida Statutes, is amended to read:
2279
458.3165 Public psychiatry certificate.--The board shall
2280
issue a public psychiatry certificate to an individual who remits
2281
an application fee not to exceed $300, as set by the board, who
2282
is a board-certified psychiatrist, who is licensed to practice
2283
medicine without restriction in another state, and who meets the
2284
requirements in s. 458.311(1)(a)-(g) and (5). A recipient of a
2285
public psychiatry certificate may use the certificate to work at
2286
any public mental health facility or program funded in part or
2287
entirely by state funds.
2288
(1) Such certificate shall:
2289
(b) Be issued and renewable biennially if the State Surgeon
2290
General secretary of the Department of Health and the chair of
2291
the department of psychiatry at one of the public medical schools
2292
or the chair of the department of psychiatry at the accredited
2293
medical school at the University of Miami recommend in writing
2294
that the certificate be issued or renewed.
2295
Section 73. Paragraph (s) of subsection (1) of section
2296
458.331, Florida Statutes, is amended to read:
2297
458.331 Grounds for disciplinary action; action by the
2298
board and department.--
2299
(1) The following acts constitute grounds for denial of a
2300
license or disciplinary action, as specified in s. 456.072(2):
2301
(s) Being unable to practice medicine with reasonable skill
2302
and safety to patients by reason of illness or use of alcohol,
2303
drugs, narcotics, chemicals, or any other type of material or as
2304
a result of any mental or physical condition. In enforcing this
2305
paragraph, the department shall have, upon a finding of the State
2306
Surgeon General secretary or the State Surgeon General's
2307
secretary's designee that probable cause exists to believe that
2308
the licensee is unable to practice medicine because of the
2309
reasons stated in this paragraph, the authority to issue an order
2310
to compel a licensee to submit to a mental or physical
2311
examination by physicians designated by the department. If the
2312
licensee refuses to comply with such order, the department's
2313
order directing such examination may be enforced by filing a
2314
petition for enforcement in the circuit court where the licensee
2315
resides or does business. The licensee against whom the petition
2316
is filed may not be named or identified by initials in any public
2317
court records or documents, and the proceedings shall be closed
2318
to the public. The department shall be entitled to the summary
2319
procedure provided in s. 51.011. A licensee or certificateholder
2320
affected under this paragraph shall at reasonable intervals be
2321
afforded an opportunity to demonstrate that he or she can resume
2322
the competent practice of medicine with reasonable skill and
2323
safety to patients.
2324
Section 74. Subsection (2) of section 458.346, Florida
2325
Statutes, is amended to read:
2326
458.346 Public Sector Physician Advisory Committee.--
2327
(2) PUBLIC SECTOR PHYSICIAN ADVISORY COMMITTEE.--There is
2328
hereby created a Public Sector Physician Advisory Committee which
2329
shall be comprised of three physicians. One physician shall be
2330
appointed by the chair of the Board of Medicine. The two
2331
remaining physicians shall be appointed by the State Surgeon
2332
General secretary of the department from recommendations of the
2333
appropriate organization, if any, representing such physicians
2334
for the purpose of collective bargaining. The chair of the
2335
committee shall be one of the two public sector physicians who
2336
shall be elected by majority vote of the committee members.
2337
Members of the committee shall serve 3-year terms and shall meet
2338
at least once each year or upon the call of the committee chair.
2339
The initial term for one public sector physician shall be for 2
2340
years, and the other for 3 years. Members of the committee are
2341
subject to reappointment. Committee members shall receive
2342
reimbursement for per diem and travel expenses.
2343
Section 75. Paragraph (f) of subsection (4) and paragraph
2344
(a) of subsection (9) of section 458.347, Florida Statutes, are
2345
amended to read:
2346
458.347 Physician assistants.--
2347
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
2348
(f)1. The council shall establish a formulary of medicinal
2349
drugs that a fully licensed physician assistant, licensed under
2350
this section or s. 459.022, may not prescribe. The formulary must
2351
include controlled substances as defined in chapter 893,
2352
antipsychotics, general anesthetics and radiographic contrast
2353
materials, and all parenteral preparations except insulin and
2354
epinephrine.
2355
2. In establishing the formulary, the council shall consult
2356
with a pharmacist licensed under chapter 465, but not licensed
2357
under this chapter or chapter 459, who shall be selected by the
2358
State Surgeon General Secretary of Health.
2359
3. Only the council shall add to, delete from, or modify
2360
the formulary. Any person who requests an addition, deletion, or
2361
modification of a medicinal drug listed on such formulary has the
2362
burden of proof to show cause why such addition, deletion, or
2363
modification should be made.
2364
4. The boards shall adopt the formulary required by this
2365
paragraph, and each addition, deletion, or modification to the
2366
formulary, by rule. Notwithstanding any provision of chapter 120
2367
to the contrary, the formulary rule shall be effective 60 days
2368
after the date it is filed with the Secretary of State. Upon
2369
adoption of the formulary, the department shall mail a copy of
2370
such formulary to each fully licensed physician assistant,
2371
licensed under this section or s. 459.022, and to each pharmacy
2372
licensed by the state. The boards shall establish, by rule, a fee
2373
not to exceed $200 to fund the provisions of this paragraph and
2374
paragraph (e).
2375
(9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
2376
Physician Assistants is created within the department.
2377
(a) The council shall consist of five members appointed as
2378
follows:
2379
1. The chairperson of the Board of Medicine shall appoint
2380
three members who are physicians and members of the Board of
2381
Medicine. One of the physicians must supervise a physician
2382
assistant in the physician's practice.
2383
2. The chairperson of the Board of Osteopathic Medicine
2384
shall appoint one member who is a physician and a member of the
2385
Board of Osteopathic Medicine.
2386
3. The State Surgeon General secretary of the department or
2387
his or her designee shall appoint a fully licensed physician
2388
assistant licensed under this chapter or chapter 459.
2389
Section 76. Subsection (6) of section 459.0055, Florida
2390
Statutes, is amended to read:
2391
459.0055 General licensure requirements.--
2392
(6) When the investigative process is not completed within
2393
the time set out in s. 120.60(1) and the department or board has
2394
reason to believe that the applicant does not meet the criteria,
2395
the State Surgeon General secretary or the State Surgeon
2396
General's secretary's designee may issue a 90-day licensure delay
2397
which shall be in writing and sufficient to notify the applicant
2398
of the reason for the delay. The provisions of this subsection
2399
shall control over any conflicting provisions of s. 120.60(1).
2400
Section 77. Paragraph (w) of subsection (1) of section
2401
459.015, Florida Statutes, is amended to read:
2402
459.015 Grounds for disciplinary action; action by the
2403
board and department.--
2404
(1) The following acts constitute grounds for denial of a
2405
license or disciplinary action, as specified in s. 456.072(2):
2406
(w) Being unable to practice osteopathic medicine with
2407
reasonable skill and safety to patients by reason of illness or
2408
use of alcohol, drugs, narcotics, chemicals, or any other type of
2409
material or as a result of any mental or physical condition. In
2410
enforcing this paragraph, the department shall, upon a finding of
2411
the State Surgeon General secretary or the State Surgeon
2412
General's secretary's designee that probable cause exists to
2413
believe that the licensee is unable to practice medicine because
2414
of the reasons stated in this paragraph, have the authority to
2415
issue an order to compel a licensee to submit to a mental or
2416
physical examination by physicians designated by the department.
2417
If the licensee refuses to comply with such order, the
2418
department's order directing such examination may be enforced by
2419
filing a petition for enforcement in the circuit court where the
2420
licensee resides or does business. The licensee against whom the
2421
petition is filed shall not be named or identified by initials in
2422
any public court records or documents, and the proceedings shall
2423
be closed to the public. The department shall be entitled to the
2424
summary procedure provided in s. 51.011. A licensee or
2425
certificateholder affected under this paragraph shall at
2426
reasonable intervals be afforded an opportunity to demonstrate
2427
that he or she can resume the competent practice of medicine with
2428
reasonable skill and safety to patients.
2429
Section 78. Paragraph (a) of subsection (9) of section
2430
459.022, Florida Statutes, is amended to read:
2431
459.022 Physician assistants.--
2432
(9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
2433
Physician Assistants is created within the department.
2434
(a) The council shall consist of five members appointed as
2435
follows:
2436
1. The chairperson of the Board of Medicine shall appoint
2437
three members who are physicians and members of the Board of
2438
Medicine. One of the physicians must supervise a physician
2439
assistant in the physician's practice.
2440
2. The chairperson of the Board of Osteopathic Medicine
2441
shall appoint one member who is a physician and a member of the
2442
Board of Osteopathic Medicine.
2443
3. The State Surgeon General secretary of the department or
2444
her or his designee shall appoint a fully licensed physician
2445
assistant licensed under chapter 458 or this chapter.
2446
Section 79. Paragraph (q) of subsection (1) of section
2447
460.413, Florida Statutes, is amended to read:
2448
460.413 Grounds for disciplinary action; action by board or
2449
department.--
2450
(1) The following acts constitute grounds for denial of a
2451
license or disciplinary action, as specified in s. 456.072(2):
2452
(q) Being unable to practice chiropractic medicine with
2453
reasonable skill and safety to patients by reason of illness or
2454
use of alcohol, drugs, narcotics, chemicals, or any other type of
2455
material or as a result of any mental or physical condition. In
2456
enforcing this paragraph, upon a finding by the State Surgeon
2457
General secretary of the department, or his or her designee, or
2458
the probable cause panel of the board that probable cause exists
2459
to believe that the licensee is unable to practice the profession
2460
because of reasons stated in this paragraph, the department shall
2461
have the authority to compel a licensee to submit to a mental or
2462
physical examination by a physician designated by the department.
2463
If the licensee refuses to comply with the department's order,
2464
the department may file a petition for enforcement in the circuit
2465
court of the circuit in which the licensee resides or does
2466
business. The department shall be entitled to the summary
2467
procedure provided in s. 51.011. The record of proceedings to
2468
obtain a compelled mental or physical examination shall not be
2469
used against a licensee in any other proceedings. A chiropractic
2470
physician affected under this paragraph shall at reasonable
2471
intervals be afforded an opportunity to demonstrate that she or
2472
he can resume the competent practice of chiropractic medicine
2473
with reasonable skill and safety to patients.
2474
Section 80. Subsection (4) of section 461.004, Florida
2475
Statutes, is amended to read:
2476
461.004 Board of Podiatric Medicine; membership;
2477
appointment; terms.--
2478
(4) All provisions of chapter 456 relating to the board
2479
shall apply. However, notwithstanding the requirement of s.
2480
456.073(4) that the board provide by rule for the determination
2481
of probable cause by a panel composed of its members or by the
2482
department, the board may provide by rule that its probable cause
2483
panel may be composed of one current member of the board and one
2484
past member of the board, as long as the past member is a
2485
licensed podiatric physician in good standing. The past board
2486
member must be appointed to the panel by the chair of the board
2487
with the approval of the State Surgeon General secretary for a
2488
maximum of 2 years.
2489
Section 81. Paragraphs (a) and (c) of subsection (2) of
2490
section 463.0055, Florida Statutes, are amended to read:
2491
463.0055 Administration and prescription of topical ocular
2492
pharmaceutical agents; committee.--
2493
(2)(a) There is hereby created a committee composed of two
2494
optometrists licensed pursuant to this chapter, appointed by the
2495
Board of Optometry, two board-certified ophthalmologists licensed
2496
pursuant to chapter 458 or chapter 459, appointed by the Board of
2497
Medicine, and one additional person with a doctorate degree in
2498
pharmacology who is not licensed pursuant to chapter 458, chapter
2499
459, or this chapter, appointed by the State Surgeon General
2500
secretary. The committee shall review requests for additions to,
2501
deletions from, or modifications of a formulary of topical ocular
2502
pharmaceutical agents for administration and prescription by
2503
certified optometrists and shall provide to the board advisory
2504
opinions and recommendations on such requests. The formulary
2505
shall consist of those topical ocular pharmaceutical agents which
2506
the certified optometrist is qualified to use in the practice of
2507
optometry. The board shall establish, add to, delete from, or
2508
modify the formulary by rule. Notwithstanding any provision of
2509
chapter 120 to the contrary, the formulary rule shall become
2510
effective 60 days from the date it is filed with the Secretary of
2511
State.
2512
(c) The State Surgeon General secretary of the department
2513
shall have standing to challenge any rule or proposed rule of the
2514
board pursuant to s. 120.56. In addition to challenges for any
2515
invalid exercise of delegated legislative authority, the
2516
administrative law judge, upon such a challenge by the State
2517
Surgeon General secretary, may declare all or part of a rule or
2518
proposed rule invalid if it:
2519
1. Does not protect the public from any significant and
2520
discernible harm or damages;
2521
2. Unreasonably restricts competition or the availability
2522
of professional services in the state or in a significant part of
2523
the state; or
2524
3. Unnecessarily increases the cost of professional
2525
services without a corresponding or equivalent public benefit.
2526
2527
However, there shall not be created a presumption of the
2528
existence of any of the conditions cited in this subsection in
2529
the event that the rule or proposed rule is challenged.
2530
Section 82. Paragraph (d) of subsection (3) of section
2531
464.003, Florida Statutes, is amended to read:
2532
464.003 Definitions.--As used in this part, the term:
2533
(3)
2534
(d) "Advanced or specialized nursing practice" means, in
2535
addition to the practice of professional nursing, the performance
2536
of advanced-level nursing acts approved by the board which, by
2537
virtue of postbasic specialized education, training, and
2538
experience, are appropriately performed by an advanced registered
2539
nurse practitioner. Within the context of advanced or specialized
2540
nursing practice, the advanced registered nurse practitioner may
2541
perform acts of nursing diagnosis and nursing treatment of
2542
alterations of the health status. The advanced registered nurse
2543
practitioner may also perform acts of medical diagnosis and
2544
treatment, prescription, and operation which are identified and
2545
approved by a joint committee composed of three members appointed
2546
by the Board of Nursing, two of whom must be advanced registered
2547
nurse practitioners; three members appointed by the Board of
2548
Medicine, two of whom must have had work experience with advanced
2549
registered nurse practitioners; and the State Surgeon General
2550
secretary of the department or the State Surgeon General's
2551
secretary's designee. Each committee member appointed by a board
2552
shall be appointed to a term of 4 years unless a shorter term is
2553
required to establish or maintain staggered terms. The Board of
2554
Nursing shall adopt rules authorizing the performance of any such
2555
acts approved by the joint committee. Unless otherwise specified
2556
by the joint committee, such acts must be performed under the
2557
general supervision of a practitioner licensed under chapter 458,
2558
chapter 459, or chapter 466 within the framework of standing
2559
protocols which identify the medical acts to be performed and the
2560
conditions for their performance. The department may, by rule,
2561
require that a copy of the protocol be filed with the department
2562
along with the notice required by s. 458.348.
2563
Section 83. Paragraph (j) of subsection (1) of section
2564
464.018, Florida Statutes, is amended to read:
2565
464.018 Disciplinary actions.--
2566
(1) The following acts constitute grounds for denial of a
2567
license or disciplinary action, as specified in s. 456.072(2):
2568
(j) Being unable to practice nursing with reasonable skill
2569
and safety to patients by reason of illness or use of alcohol,
2570
drugs, narcotics, or chemicals or any other type of material or
2571
as a result of any mental or physical condition. In enforcing
2572
this paragraph, the department shall have, upon a finding of the
2573
State Surgeon General secretary or the State Surgeon General's
2574
secretary's designee that probable cause exists to believe that
2575
the licensee is unable to practice nursing because of the reasons
2576
stated in this paragraph, the authority to issue an order to
2577
compel a licensee to submit to a mental or physical examination
2578
by physicians designated by the department. If the licensee
2579
refuses to comply with such order, the department's order
2580
directing such examination may be enforced by filing a petition
2581
for enforcement in the circuit court where the licensee resides
2582
or does business. The licensee against whom the petition is filed
2583
shall not be named or identified by initials in any public court
2584
records or documents, and the proceedings shall be closed to the
2585
public. The department shall be entitled to the summary procedure
2586
provided in s. 51.011. A nurse affected by the provisions of this
2587
paragraph shall at reasonable intervals be afforded an
2588
opportunity to demonstrate that she or he can resume the
2589
competent practice of nursing with reasonable skill and safety to
2590
patients.
2591
Section 84. Paragraph (c) of subsection (1) of section
2592
464.2085, Florida Statutes, is amended to read:
2593
464.2085 Council on Certified Nursing Assistants.--The
2594
Council on Certified Nursing Assistants is created within the
2595
department, under the Board of Nursing.
2596
(1) The council shall consist of five members appointed as
2597
follows:
2598
(c) The State Surgeon General secretary of the department
2599
or his or her designee shall appoint two certified nursing
2600
assistants currently certified under this chapter, at least one
2601
of whom is currently working in a licensed nursing home.
2602
Section 85. Paragraph (c) of subsection (2) of section
2603
466.004, Florida Statutes, is amended to read:
2604
466.004 Board of Dentistry.--
2605
(2) To advise the board, it is the intent of the
2606
Legislature that councils be appointed as specified in paragraphs
2607
(a), (b), and (c). The department shall provide administrative
2608
support to the councils and shall provide public notice of
2609
meetings and agenda of the councils. Councils shall include at
2610
least one board member who shall chair the council and shall
2611
include nonboard members. All council members shall be appointed
2612
by the board chair. Council members shall be appointed for 4-year
2613
terms, and all members shall be eligible for reimbursement of
2614
expenses in the manner of board members.
2615
(c) With the concurrence of the State Surgeon General
2616
secretary, the board chair may create and abolish other advisory
2617
councils relating to dental subjects, including, but not limited
2618
to: examinations, access to dental care, indigent care, nursing
2619
home and institutional care, public health, disciplinary
2620
guidelines, and other subjects as appropriate. Such councils
2621
shall be appointed by the board chair and shall include at least
2622
one board member who shall serve as chair.
2623
Section 86. Paragraph (s) of subsection (1) of section
2624
466.028, Florida Statutes, is amended to read:
2625
466.028 Grounds for disciplinary action; action by the
2626
board.--
2627
(1) The following acts constitute grounds for denial of a
2628
license or disciplinary action, as specified in s. 456.072(2):
2629
(s) Being unable to practice her or his profession with
2630
reasonable skill and safety to patients by reason of illness or
2631
use of alcohol, drugs, narcotics, chemicals, or any other type of
2632
material or as a result of any mental or physical condition. In
2633
enforcing this paragraph, the department shall have, upon a
2634
finding of the State Surgeon General secretary or her or his
2635
designee that probable cause exists to believe that the licensee
2636
is unable to practice dentistry or dental hygiene because of the
2637
reasons stated in this paragraph, the authority to issue an order
2638
to compel a licensee to submit to a mental or physical
2639
examination by physicians designated by the department. If the
2640
licensee refuses to comply with such order, the department's
2641
order directing such examination may be enforced by filing a
2642
petition for enforcement in the circuit court where the licensee
2643
resides or does business. The licensee against whom the petition
2644
is filed shall not be named or identified by initials in any
2645
public court records or documents, and the proceedings shall be
2646
closed to the public. The department shall be entitled to the
2647
summary procedure provided in s. 51.011. A licensee affected
2648
under this paragraph shall at reasonable intervals be afforded an
2649
opportunity to demonstrate that she or he can resume the
2650
competent practice of her or his profession with reasonable skill
2651
and safety to patients.
2652
Section 87. Subsection (14) of section 467.003, Florida
2653
Statutes, is repealed.
2654
Section 88. Subsection (1) of section 467.004, Florida
2655
Statutes, is amended to read:
2656
467.004 Council of Licensed Midwifery.--
2657
(1) The Council of Licensed Midwifery is created within the
2658
department and shall consist of nine members to be appointed by
2659
the State Surgeon General secretary.
2660
Section 89. Paragraph (aa) of subsection (1) of section
2661
468.1295, Florida Statutes, is amended to read:
2662
468.1295 Disciplinary proceedings.--
2663
(1) The following acts constitute grounds for denial of a
2664
license or disciplinary action, as specified in s. 456.072(2):
2665
(aa) Being unable to practice the profession for which he
2666
or she is licensed or certified under this chapter with
2667
reasonable skill or competence as a result of any mental or
2668
physical condition or by reason of illness, drunkenness, or use
2669
of drugs, narcotics, chemicals, or any other substance. In
2670
enforcing this paragraph, upon a finding by the State Surgeon
2671
General secretary, his or her designee, or the board that
2672
probable cause exists to believe that the licensee or
2673
certificateholder is unable to practice the profession because of
2674
the reasons stated in this paragraph, the department shall have
2675
the authority to compel a licensee or certificateholder to submit
2676
to a mental or physical examination by a physician, psychologist,
2677
clinical social worker, marriage and family therapist, or mental
2678
health counselor designated by the department or board. If the
2679
licensee or certificateholder refuses to comply with the
2680
department's order directing the examination, such order may be
2681
enforced by filing a petition for enforcement in the circuit
2682
court in the circuit in which the licensee or certificateholder
2683
resides or does business. The department shall be entitled to the
2684
summary procedure provided in s. 51.011. A licensee or
2685
certificateholder affected under this paragraph shall at
2686
reasonable intervals be afforded an opportunity to demonstrate
2687
that he or she can resume the competent practice for which he or
2688
she is licensed or certified with reasonable skill and safety to
2689
patients.
2690
Section 90. Paragraph (l) of subsection (1) of section
2691
468.1755, Florida Statutes, is amended to read:
2692
468.1755 Disciplinary proceedings.--
2693
(1) The following acts constitute grounds for denial of a
2694
license or disciplinary action, as specified in s. 456.072(2):
2695
(l) Being unable to practice nursing home administration
2696
with reasonable skill and safety to patients by reason of
2697
illness, drunkenness, use of drugs, narcotics, chemicals, or any
2698
other material or substance or as a result of any mental or
2699
physical condition. In enforcing this paragraph, upon a finding
2700
of the State Surgeon General secretary or his or her designee
2701
that probable cause exists to believe that the licensee is unable
2702
to serve as a nursing home administrator due to the reasons
2703
stated in this paragraph, the department shall have the authority
2704
to issue an order to compel the licensee to submit to a mental or
2705
physical examination by a physician designated by the department.
2706
If the licensee refuses to comply with such order, the
2707
department's order directing such examination may be enforced by
2708
filing a petition for enforcement in the circuit court where the
2709
licensee resides or serves as a nursing home administrator. The
2710
licensee against whom the petition is filed shall not be named or
2711
identified by initials in any public court records or documents,
2712
and the proceedings shall be closed to the public. The department
2713
shall be entitled to the summary procedure provided in s. 51.011.
2714
A licensee affected under this paragraph shall have the
2715
opportunity, at reasonable intervals, to demonstrate that he or
2716
she can resume the competent practice of nursing home
2717
administration with reasonable skill and safety to patients.
2718
Section 91. Subsection (18) of section 468.301, Florida
2719
Statutes, is repealed.
2720
Section 92. Subsections (1) and (3) of section 468.314,
2721
Florida Statutes, are amended to read:
2722
468.314 Advisory Council on Radiation Protection;
2723
appointment; terms; powers; duties.--
2724
(1) The Advisory Council on Radiation Protection is created
2725
within the Department of Health and shall consist of 16 persons
2726
to be appointed by the State Surgeon General secretary for 3-year
2727
terms.
2728
(3) The council shall meet at least twice a year, but no
2729
more than four times per year unless authorized by the State
2730
Surgeon General secretary.
2731
Section 93. Paragraph (c) of subsection (4) of section
2732
468.354, Florida Statutes, is amended to read:
2733
468.354 Board of Respiratory Care; organization;
2734
function.--
2735
(4)
2736
(c) Unless otherwise provided by law, a board member shall
2737
be compensated $50 for each day he or she attends an official
2738
board meeting and for each day he or she participates in any
2739
other board business. A board member shall also be entitled to
2740
reimbursement for expenses pursuant to s. 112.061. Travel out of
2741
the state shall require the prior approval of the State Surgeon
2742
General secretary of the department.
2743
Section 94. Section 468.506, Florida Statutes, is amended
2744
to read:
2745
468.506 Dietetics and Nutrition Practice Council.--There is
2746
created the Dietetics and Nutrition Practice Council under the
2747
supervision of the board. The council shall consist of four
2748
persons licensed under this part and one consumer who is 60 years
2749
of age or older. Council members shall be appointed by the board.
2750
Licensed members shall be appointed based on the proportion of
2751
licensees within each of the respective disciplines. Members
2752
shall be appointed for 4-year staggered terms. In order to be
2753
eligible for appointment, each licensed member must have been a
2754
licensee under this part for at least 3 years prior to his or her
2755
appointment. No council member shall serve more than two
2756
successive terms. The board may delegate such powers and duties
2757
to the council as it may deem proper to carry out the operations
2758
and procedures necessary to effectuate the provisions of this
2759
part. However, the powers and duties delegated to the council by
2760
the board must encompass both dietetics and nutrition practice
2761
and nutrition counseling. Any time there is a vacancy on the
2762
council, any professional association composed of persons
2763
licensed under this part may recommend licensees to fill the
2764
vacancy to the board in a number at least twice the number of
2765
vacancies to be filled, and the board may appoint from the
2766
submitted list, in its discretion, any of those persons so
2767
recommended. Any professional association composed of persons
2768
licensed under this part may file an appeal regarding a council
2769
appointment with the State Surgeon General secretary of the
2770
department, whose decision shall be final. The board shall fix
2771
council members' compensation and pay their expenses in the same
2772
manner as provided in s. 456.011.
2773
Section 95. Paragraph (c) of subsection (4) of section
2774
478.44, Florida Statutes, is amended to read:
2775
478.44 Electrolysis Council; creation; function; powers and
2776
duties.--
2777
(4)
2778
(c) Unless otherwise provided by law, a council member
2779
shall be compensated $50 for each day the member attends an
2780
official meeting of the council or participates in official
2781
council business. A council member is also entitled to
2782
reimbursement for expenses pursuant to s. 112.061. Travel out of
2783
state requires the prior approval of the State Surgeon General
2784
Secretary of Health.
2785
Section 96. Subsection (5) of section 480.042, Florida
2786
Statutes, is amended to read:
2787
480.042 Examinations.--
2788
(5) All licensing examinations shall be conducted in such
2789
manner that the applicant shall be known to the department by
2790
number until her or his examination is completed and the proper
2791
grade determined. An accurate record of each examination shall be
2792
made; and that record, together with all examination papers,
2793
shall be filed with the State Surgeon General secretary of the
2794
department and shall be kept for reference and inspection for a
2795
period of not less than 2 years immediately following the
2796
examination.
2797
Section 97. Paragraph (l) of subsection (1) of section
2798
483.825, Florida Statutes, is amended to read:
2799
483.825 Grounds for disciplinary action.--
2800
(1) The following acts constitute grounds for denial of a
2801
license or disciplinary action, as specified in s. 456.072(2):
2802
(l) Being unable to perform or report clinical laboratory
2803
examinations with reasonable skill and safety to patients by
2804
reason of illness or use of alcohol, drugs, narcotics, chemicals,
2805
or any other type of material or as a result of any mental or
2806
physical condition. In enforcing this paragraph, the department
2807
shall have, upon a finding of the State Surgeon General secretary
2808
or his or her designee that probable cause exists to believe that
2809
the licensee is unable to practice because of the reasons stated
2810
in this paragraph, the authority to issue an order to compel a
2811
licensee to submit to a mental or physical examination by
2812
physicians designated by the department. If the licensee refuses
2813
to comply with such order, the department's order directing such
2814
examination may be enforced by filing a petition for enforcement
2815
in the circuit court where the licensee resides or does business.
2816
The department shall be entitled to the summary procedure
2817
provided in s. 51.011. A licensee affected under this paragraph
2818
shall at reasonable intervals be afforded an opportunity to
2819
demonstrate that he or she can resume competent practice with
2820
reasonable skill and safety to patients.
2821
Section 98. Paragraphs (a), (b), (c), (d), (e), and (g) of
2822
subsection (4) of section 483.901, Florida Statutes, are amended
2823
to read:
2824
483.901 Medical physicists; definitions; licensure.--
2825
(4) COUNCIL.--The Advisory Council of Medical Physicists is
2826
created in the Department of Health to advise the department in
2827
regulating the practice of medical physics in this state.
2828
(a) The council shall be composed of nine members appointed
2829
by the State Surgeon General secretary of the department as
2830
follows:
2831
1. A licensed medical physicist who specializes in
2832
diagnostic radiological physics.
2833
2. A licensed medical physicist who specializes in
2834
therapeutic radiological physics.
2835
3. A licensed medical physicist who specializes in medical
2836
nuclear radiological physics.
2837
4. A physician who is board certified by the American Board
2838
of Radiology or its equivalent.
2839
5. A physician who is board certified by the American
2840
Osteopathic Board of Radiology or its equivalent.
2841
6. A chiropractic physician who practices radiology.
2842
7. Three consumer members who are not, and have never been,
2843
licensed as a medical physicist or licensed in any closely
2844
related profession.
2845
(b) The State Surgeon General secretary of the department
2846
shall appoint the medical physicist members of the council from a
2847
list of candidates who are licensed to practice medical physics.
2848
(c) The State Surgeon General secretary of the department
2849
shall appoint the physician members of the council from a list of
2850
candidates who are licensed to practice medicine in this state
2851
and are board certified in diagnostic radiology, therapeutic
2852
radiology, or radiation oncology.
2853
(d) The State Surgeon General secretary of the department
2854
shall appoint the public members of the council.
2855
(e) As the term of each member expires, the State Surgeon
2856
General secretary of the department shall appoint the successor
2857
for a term of 4 years. A member shall serve until the member's
2858
successor is appointed, unless physically unable to do so.
2859
(g) If a vacancy on the council occurs, the State Surgeon
2860
General secretary shall appoint a member to serve for a 4-year
2861
term.
2862
Section 99. Subsection (4) of section 484.042, Florida
2863
Statutes, is amended to read:
2864
484.042 Board of Hearing Aid Specialists; membership,
2865
appointment, terms.--
2866
(4) All provisions of chapter 456 relating to activities of
2867
regulatory boards apply to the board. However, notwithstanding
2868
the requirement of s. 456.073(4) that the board provide by rule
2869
for the determination of probable cause by a panel composed of
2870
its members or by the department, the board may provide by rule
2871
that its probable cause panel may be composed of one current
2872
member of the board and one past member of the board, as long as
2873
the past member is a licensed hearing aid specialist in good
2874
standing. The past board member shall be appointed to the panel
2875
for a maximum of 2 years by the chair of the board with the
2876
approval of the State Surgeon General secretary.
2877
Section 100. Paragraph (a) of subsection (1) of section
2878
486.125, Florida Statutes, is amended to read:
2879
486.125 Refusal, revocation, or suspension of license;
2880
administrative fines and other disciplinary measures.--
2881
(1) The following acts constitute grounds for denial of a
2882
license or disciplinary action, as specified in s. 456.072(2):
2883
(a) Being unable to practice physical therapy with
2884
reasonable skill and safety to patients by reason of illness or
2885
use of alcohol, drugs, narcotics, chemicals, or any other type of
2886
material or as a result of any mental or physical condition.
2887
1. In enforcing this paragraph, upon a finding of the State
2888
Surgeon General secretary or the State Surgeon General's
2889
secretary's designee that probable cause exists to believe that
2890
the licensee is unable to practice physical therapy due to the
2891
reasons stated in this paragraph, the department shall have the
2892
authority to compel a physical therapist or physical therapist
2893
assistant to submit to a mental or physical examination by a
2894
physician designated by the department. If the licensee refuses
2895
to comply with such order, the department's order directing such
2896
examination may be enforced by filing a petition for enforcement
2897
in the circuit court where the licensee resides or serves as a
2898
physical therapy practitioner. The licensee against whom the
2899
petition is filed shall not be named or identified by initials in
2900
any public court records or documents, and the proceedings shall
2901
be closed to the public. The department shall be entitled to the
2902
summary procedure provided in s. 51.011.
2903
2. A physical therapist or physical therapist assistant
2904
whose license is suspended or revoked pursuant to this subsection
2905
shall, at reasonable intervals, be given an opportunity to
2906
demonstrate that she or he can resume the competent practice of
2907
physical therapy with reasonable skill and safety to patients.
2908
3. Neither the record of proceeding nor the orders entered
2909
by the board in any proceeding under this subsection may be used
2910
against a physical therapist or physical therapist assistant in
2911
any other proceeding.
2912
Section 101. Subsection (3) of section 487.041, Florida
2913
Statutes, is amended to read:
2914
487.041 Registration.--
2915
(3) The department shall adopt rules governing the
2916
procedures for the registration of a brand of pesticide and for
2917
the review of data submitted by an applicant for registration of
2918
the brand of pesticide. The department shall determine whether
2919
the brand of pesticide should be registered, registered with
2920
conditions, or tested under field conditions in this state. The
2921
department shall determine whether each request for registration
2922
of a brand of pesticide meets the requirements of current state
2923
and federal law. The department, whenever it deems it necessary
2924
in the administration of this part, may require the manufacturer
2925
or registrant to submit the complete formula, quantities shipped
2926
into or manufactured in the state for distribution and sale,
2927
evidence of the efficacy and the safety of any pesticide, and
2928
other relevant data. The department may review and evaluate a
2929
registered pesticide if new information is made available that
2930
indicates that use of the pesticide has caused an unreasonable
2931
adverse effect on public health or the environment. Such review
2932
shall be conducted upon the request of the State Surgeon General
2933
Secretary of Health in the event of an unreasonable adverse
2934
effect on public health or the Secretary of Environmental
2935
Protection in the event of an unreasonable adverse effect on the
2936
environment. Such review may result in modifications, revocation,
2937
cancellation, or suspension of the registration of a brand of
2938
pesticide. The department, for reasons of adulteration,
2939
misbranding, or other good cause, may refuse or revoke the
2940
registration of the brand of any pesticide after notice to the
2941
applicant or registrant giving the reason for the decision. The
2942
applicant may then request a hearing, pursuant to chapter 120, on
2943
the intention of the department to refuse or revoke registration,
2944
and, upon his or her failure to do so, the refusal or revocation
2945
shall become final without further procedure. The registration of
2946
a brand of pesticide may not be construed as a defense for the
2947
commission of any offense prohibited under this part.
2948
Section 102. Paragraph (p) of subsection (1) of section
2949
490.009, Florida Statutes, is amended to read:
2950
490.009 Discipline.--
2951
(1) The following acts constitute grounds for denial of a
2952
license or disciplinary action, as specified in s. 456.072(2):
2953
(p) Being unable to practice the profession for which he or
2954
she is licensed under this chapter with reasonable skill or
2955
competence as a result of any mental or physical condition or by
2956
reason of illness; drunkenness; or excessive use of drugs,
2957
narcotics, chemicals, or any other substance. In enforcing this
2958
paragraph, upon a finding by the State Surgeon General secretary,
2959
the State Surgeon General's secretary's designee, or the board
2960
that probable cause exists to believe that the licensee is unable
2961
to practice the profession because of the reasons stated in this
2962
paragraph, the department shall have the authority to compel a
2963
licensee to submit to a mental or physical examination by
2964
psychologists or physicians designated by the department or
2965
board. If the licensee refuses to comply with the department's
2966
order, the department may file a petition for enforcement in the
2967
circuit court of the circuit in which the licensee resides or
2968
does business. The licensee shall not be named or identified by
2969
initials in the petition or in any other public court records or
2970
documents, and the enforcement proceedings shall be closed to the
2971
public. The department shall be entitled to the summary procedure
2972
provided in s. 51.011. A licensee affected under this paragraph
2973
shall be afforded an opportunity at reasonable intervals to
2974
demonstrate that he or she can resume the competent practice for
2975
which he or she is licensed with reasonable skill and safety to
2976
patients.
2977
Section 103. Paragraph (p) of subsection (1) of section
2978
491.009, Florida Statutes, is amended to read:
2979
491.009 Discipline.--
2980
(1) The following acts constitute grounds for denial of a
2981
license or disciplinary action, as specified in s. 456.072(2):
2982
(p) Being unable to practice the profession for which he or
2983
she is licensed, registered, or certified under this chapter with
2984
reasonable skill or competence as a result of any mental or
2985
physical condition or by reason of illness; drunkenness; or
2986
excessive use of drugs, narcotics, chemicals, or any other
2987
substance. In enforcing this paragraph, upon a finding by the
2988
State Surgeon General secretary, the State Surgeon General's
2989
secretary's designee, or the board that probable cause exists to
2990
believe that the licensee, registered intern, or
2991
certificateholder is unable to practice the profession because of
2992
the reasons stated in this paragraph, the department shall have
2993
the authority to compel a licensee, registered intern, or
2994
certificateholder to submit to a mental or physical examination
2995
by psychologists, physicians, or other licensees under this
2996
chapter, designated by the department or board. If the licensee,
2997
registered intern, or certificateholder refuses to comply with
2998
such order, the department's order directing the examination may
2999
be enforced by filing a petition for enforcement in the circuit
3000
court in the circuit in which the licensee, registered intern, or
3001
certificateholder resides or does business. The licensee,
3002
registered intern, or certificateholder against whom the petition
3003
is filed shall not be named or identified by initials in any
3004
public court records or documents, and the proceedings shall be
3005
closed to the public. The department shall be entitled to the
3006
summary procedure provided in s. 51.011. A licensee, registered
3007
intern, or certificateholder affected under this paragraph shall
3008
at reasonable intervals be afforded an opportunity to demonstrate
3009
that he or she can resume the competent practice for which he or
3010
she is licensed, registered, or certified with reasonable skill
3011
and safety to patients.
3012
Section 104. Paragraph (a) of subsection (1) of section
3013
499.012, Florida Statutes, is amended to read:
3014
499.012 Wholesale distribution; definitions; permits;
3015
applications; general requirements.--
3016
(1) As used in this section, the term:
3017
(a) "Wholesale distribution" means distribution of
3018
prescription drugs to persons other than a consumer or patient,
3019
but does not include:
3020
1. Any of the following activities, which is not a
3021
violation of s. 499.005(21) if such activity is conducted in
3022
accordance with s. 499.014:
3023
a. The purchase or other acquisition by a hospital or other
3024
health care entity that is a member of a group purchasing
3025
organization of a prescription drug for its own use from the
3026
group purchasing organization or from other hospitals or health
3027
care entities that are members of that organization.
3028
b. The sale, purchase, or trade of a prescription drug or
3029
an offer to sell, purchase, or trade a prescription drug by a
3030
charitable organization described in s. 501(c)(3) of the Internal
3031
Revenue Code of 1986, as amended and revised, to a nonprofit
3032
affiliate of the organization to the extent otherwise permitted
3033
by law.
3034
c. The sale, purchase, or trade of a prescription drug or
3035
an offer to sell, purchase, or trade a prescription drug among
3036
hospitals or other health care entities that are under common
3037
control. For purposes of this section, "common control" means the
3038
power to direct or cause the direction of the management and
3039
policies of a person or an organization, whether by ownership of
3040
stock, by voting rights, by contract, or otherwise.
3041
d. The sale, purchase, trade, or other transfer of a
3042
prescription drug from or for any federal, state, or local
3043
government agency or any entity eligible to purchase prescription
3044
drugs at public health services prices pursuant to Pub. L. No.
3045
102-585, s. 602 to a contract provider or its subcontractor for
3046
eligible patients of the agency or entity under the following
3047
conditions:
3048
(I) The agency or entity must obtain written authorization
3049
for the sale, purchase, trade, or other transfer of a
3050
prescription drug under this sub-subparagraph from the State
3051
Surgeon General Secretary of Health or his or her designee.
3052
(II) The contract provider or subcontractor must be
3053
authorized by law to administer or dispense prescription drugs.
3054
(III) In the case of a subcontractor, the agency or entity
3055
must be a party to and execute the subcontract.
3056
(IV) A contract provider or subcontractor must maintain
3057
separate and apart from other prescription drug inventory any
3058
prescription drugs of the agency or entity in its possession.
3059
(V) The contract provider and subcontractor must maintain
3060
and produce immediately for inspection all records of movement or
3061
transfer of all the prescription drugs belonging to the agency or
3062
entity, including, but not limited to, the records of receipt and
3063
disposition of prescription drugs. Each contractor and
3064
subcontractor dispensing or administering these drugs must
3065
maintain and produce records documenting the dispensing or
3066
administration. Records that are required to be maintained
3067
include, but are not limited to, a perpetual inventory itemizing
3068
drugs received and drugs dispensed by prescription number or
3069
administered by patient identifier, which must be submitted to
3070
the agency or entity quarterly.
3071
(VI) The contract provider or subcontractor may administer
3072
or dispense the prescription drugs only to the eligible patients
3073
of the agency or entity or must return the prescription drugs for
3074
or to the agency or entity. The contract provider or
3075
subcontractor must require proof from each person seeking to fill
3076
a prescription or obtain treatment that the person is an eligible
3077
patient of the agency or entity and must, at a minimum, maintain
3078
a copy of this proof as part of the records of the contractor or
3079
subcontractor required under sub-sub-subparagraph (V).
3080
(VII) In addition to the departmental inspection authority
3081
set forth in s. 499.051, the establishment of the contract
3082
provider and subcontractor and all records pertaining to
3083
prescription drugs subject to this sub-subparagraph shall be
3084
subject to inspection by the agency or entity. All records
3085
relating to prescription drugs of a manufacturer under this sub-
3086
subparagraph shall be subject to audit by the manufacturer of
3087
those drugs, without identifying individual patient information.
3088
2. Any of the following activities, which is not a
3089
violation of s. 499.005(21) if such activity is conducted in
3090
accordance with rules established by the department:
3091
a. The sale, purchase, or trade of a prescription drug
3092
among federal, state, or local government health care entities
3093
that are under common control and are authorized to purchase such
3094
prescription drug.
3095
b. The sale, purchase, or trade of a prescription drug or
3096
an offer to sell, purchase, or trade a prescription drug for
3097
emergency medical reasons. For purposes of this sub-subparagraph,
3098
the term "emergency medical reasons" includes transfers of
3099
prescription drugs by a retail pharmacy to another retail
3100
pharmacy to alleviate a temporary shortage.
3101
c. The transfer of a prescription drug acquired by a
3102
medical director on behalf of a licensed emergency medical
3103
services provider to that emergency medical services provider and
3104
its transport vehicles for use in accordance with the provider's
3105
license under chapter 401.
3106
d. The revocation of a sale or the return of a prescription
3107
drug to the person's prescription drug wholesale supplier.
3108
e. The donation of a prescription drug by a health care
3109
entity to a charitable organization that has been granted an
3110
exemption under s. 501(c)(3) of the Internal Revenue Code of
3111
1986, as amended, and that is authorized to possess prescription
3112
drugs.
3113
f. The transfer of a prescription drug by a person
3114
authorized to purchase or receive prescription drugs to a person
3115
licensed or permitted to handle reverse distributions or
3116
destruction under the laws of the jurisdiction in which the
3117
person handling the reverse distribution or destruction receives
3118
the drug.
3119
g. The transfer of a prescription drug by a hospital or
3120
other health care entity to a person licensed under this chapter
3121
to repackage prescription drugs for the purpose of repackaging
3122
the prescription drug for use by that hospital, or other health
3123
care entity and other health care entities that are under common
3124
control, if ownership of the prescription drugs remains with the
3125
hospital or other health care entity at all times. In addition to
3126
the recordkeeping requirements of s. 499.0121(6), the hospital or
3127
health care entity that transfers prescription drugs pursuant to
3128
this sub-subparagraph must reconcile all drugs transferred and
3129
returned and resolve any discrepancies in a timely manner.
3130
3. The distribution of prescription drug samples by
3131
manufacturers' representatives or distributors' representatives
3132
conducted in accordance with s. 499.028.
3133
4. The sale, purchase, or trade of blood and blood
3134
components intended for transfusion. As used in this
3135
subparagraph, the term "blood" means whole blood collected from a
3136
single donor and processed either for transfusion or further
3137
manufacturing, and the term "blood components" means that part of
3138
the blood separated by physical or mechanical means.
3139
5. The lawful dispensing of a prescription drug in
3140
accordance with chapter 465.
3141
6. The sale, purchase, or trade of a prescription drug
3142
between pharmacies as a result of a sale, transfer, merger, or
3143
consolidation of all or part of the business of the pharmacies
3144
from or with another pharmacy, whether accomplished as a purchase
3145
and sale of stock or of business assets.
3146
Section 105. Subsection (2) of section 499.01211, Florida
3147
Statutes, is amended to read:
3148
499.01211 Drug Wholesaler Advisory Council.--
3149
(2) The State Surgeon General secretary of the department,
3150
or his or her designee, and the Secretary of Health Care
3151
Administration, or her or his designee, shall be members of the
3152
council. The State Surgeon General Secretary of Health shall
3153
appoint nine additional members to the council who shall be
3154
appointed to a term of 4 years each, as follows:
3155
(a) Three different persons each of whom is employed by a
3156
different prescription drug wholesaler licensed under this
3157
chapter which operates nationally and is a primary wholesaler, as
3158
defined in s. 499.012(1)(d).
3159
(b) One person employed by a prescription drug wholesaler
3160
licensed under this chapter which is a secondary wholesaler, as
3161
defined in s. 499.012(1)(f).
3162
(c) One person employed by a retail pharmacy chain located
3163
in this state.
3164
(d) One person who is a member of the Board of Pharmacy and
3165
is a pharmacist licensed under chapter 465.
3166
(e) One person who is a physician licensed pursuant to
3167
chapter 458 or chapter 459.
3168
(f) One person who is an employee of a hospital licensed
3169
pursuant to chapter 395 and is a pharmacist licensed pursuant to
3170
chapter 465.
3171
(g) One person who is an employee of a pharmaceutical
3172
manufacturer.
3173
Section 106. Section 499.024, Florida Statutes, is amended
3174
to read:
3175
499.024 Drug product classification.--The State Surgeon
3176
General secretary shall adopt rules to classify drug products
3177
intended for use by humans which the United States Food and Drug
3178
Administration has not classified in the federal act or the Code
3179
of Federal Regulations.
3180
(1) Drug products must be classified as proprietary,
3181
prescription, or investigational drugs.
3182
(2) If a product is distributed without required labeling,
3183
it is misbranded while held for sale.
3184
(3) Any product that falls under the drug definition, s.
3185
499.003(17), may be classified under the authority of this
3186
section. This section does not subject portable emergency oxygen
3187
inhalators to classification; however, this section does not
3189
(4) Any product classified under the authority of this
3190
section reverts to the federal classification, if different, upon
3191
the federal regulation or act becoming effective.
3192
(5) The department may by rule reclassify drugs subject to
3194
to protect the public health.
3195
(6) The department may adopt rules that exempt from any
3197
classified under this section if those requirements are not
3198
necessary to protect the public health.
3199
Section 107. Subsection (2) of section 499.065, Florida
3200
Statutes, is amended to read:
3201
499.065 Imminent danger.--
3202
(2) To protect the public from prescription drugs that are
3203
adulterated or otherwise unfit for human or animal consumption,
3204
the department may examine, sample, seize, and stop the sale or
3205
use of prescription drugs to determine the condition of those
3206
drugs. The department may immediately seize and remove any
3207
prescription drugs if the State Surgeon General Secretary of
3208
Health or his or her designee determines that the prescription
3209
drugs represent a threat to the public health. The owner of any
3210
property seized under this section may, within 10 days after the
3211
seizure, apply to a court of competent jurisdiction for whatever
3212
relief is appropriate. At any time after 10 days, the department
3213
may destroy the drugs as contraband.
3214
3215
For purposes of this section, a refusal to allow entry to the
3216
department for inspection at reasonable times, or a failure or
3217
refusal to provide the department with required documentation for
3218
purposes of inspection, constitutes an imminent danger to the
3219
public health.
3220
Section 108. Subsection (1) of section 500.033, Florida
3221
Statutes, is amended to read:
3222
500.033 Florida Food Safety and Food Defense Advisory
3223
Council.--
3224
(1) There is created the Florida Food Safety and Food
3225
Defense Advisory Council for the purpose of serving as a forum
3226
for presenting, investigating, and evaluating issues of current
3227
importance to the assurance of a safe and secure food supply to
3228
the citizens of Florida. The Florida Food Safety and Food Defense
3229
Advisory Council shall consist of, but not be limited to: the
3230
Commissioner of Agriculture or his or her designee; the State
3231
Surgeon General Secretary of Health or his or her designee; the
3232
Secretary of Business and Professional Regulation or his or her
3233
designee; the person responsible for domestic security with the
3234
Department of Law Enforcement; members representing the
3235
production, processing, distribution, and sale of foods;
3236
consumers or members of citizens groups; representatives of food
3237
industry groups; scientists or other experts in aspects of food
3238
safety from state universities; representatives from local,
3239
state, and federal agencies that are charged with
3240
responsibilities for food safety or food defense; the chairs of
3241
the Agriculture Committees of the Senate and the House of
3242
Representatives or their designees; and the chairs of the
3243
committees of the Senate and the House of Representatives with
3244
jurisdictional oversight of home defense issues or their
3245
designees. The Commissioner of Agriculture shall appoint the
3246
remaining members. The council shall make periodic reports to the
3247
Department of Agriculture and Consumer Services concerning
3248
findings and recommendations in the area of food safety and food
3249
defense.
3250
Section 109. Section 514.0231, Florida Statutes, is amended
3251
to read:
3252
514.0231 Advisory committee to oversee sampling of beach
3253
waters.--The Department of Health shall form an interagency
3254
technical advisory committee to oversee the performance of the
3255
study required in s. 514.023 and to advise it in rulemaking
3256
pertaining to standards for public bathing places along the
3257
coastal and intracoastal beaches and shores of the state.
3258
Membership on the committee shall consist of equal numbers of
3259
staff of the Department of Health and the Department of
3260
Environmental Protection with expertise in the subject matter of
3261
the study. Members shall be appointed by the State Surgeon
3262
General and the Secretary of Environmental Protection respective
3263
secretaries of these departments. The committee shall be chaired
3264
by a representative from the Department of Health.
3265
Section 110. Section 768.1326, Florida Statutes, is amended
3266
to read:
3267
768.1326 Placement of automated external defibrillators in
3268
state buildings; rulemaking authority.--No later than January 1,
3269
2003, the State Surgeon General Secretary of the Department of
3270
Health shall adopt rules to establish guidelines on the
3271
appropriate placement of automated external defibrillator devices
3272
in buildings or portions of buildings owned or leased by the
3273
state, and shall establish, by rule, recommendations on
3274
procedures for the deployment of automated external defibrillator
3275
devices in such buildings in accordance with the guidelines. The
3276
Secretary of Management Services shall assist the State Surgeon
3277
General Secretary of the Department of Health in the development
3278
of the guidelines. The guidelines for the placement of the
3279
automated external defibrillators shall take into account the
3280
typical number of employees and visitors in the buildings, the
3281
extent of the need for security measures regarding the buildings,
3282
special circumstances in buildings or portions of buildings such
3283
as high electrical voltages or extreme heat or cold, and such
3284
other factors as the State Surgeon General and Secretary of
3285
Management Services Secretaries determine to be appropriate. The
3286
State Surgeon General's Secretary of the Department of Health's
3287
recommendations for deployment of automated external
3288
defibrillators in buildings or portions of buildings owned or
3289
leased by the state shall include:
3290
(1) A reference list of appropriate training courses in the
3291
use of such devices, including the role of cardiopulmonary
3292
resuscitation;
3293
(2) The extent to which such devices may be used by
3294
laypersons;
3295
(3) Manufacturer recommended maintenance and testing of the
3296
devices; and
3297
(4) Coordination with local emergency medical services
3298
systems regarding the incidents of use of the devices.
3299
3300
In formulating these guidelines and recommendations, the State
3301
Surgeon General Secretary may consult with all appropriate public
3302
and private entities, including national and local public health
3303
organizations that seek to improve the survival rates of
3304
individuals who experience cardiac arrest.
3305
Section 111. Paragraph (a) of subsection (1) and paragraph
3306
(a) of subsection (4) of section 943.0313, Florida Statutes, are
3307
amended to read:
3308
943.0313 Domestic Security Oversight Council.--The
3309
Legislature finds that there exists a need to provide executive
3310
direction and leadership with respect to terrorism prevention,
3311
preparation, protection, response, and recovery efforts by state
3312
and local agencies in this state. In recognition of this need,
3313
the Domestic Security Oversight Council is hereby created. The
3314
council shall serve as an advisory council pursuant to s.
3315
20.03(7) to provide guidance to the state's regional domestic
3316
security task forces and other domestic security working groups
3317
and to make recommendations to the Governor and the Legislature
3318
regarding the expenditure of funds and allocation of resources
3319
related to counter-terrorism and domestic security efforts.
3320
(1) MEMBERSHIP.--
3321
(a) The Domestic Security Oversight Council shall consist
3322
of the following voting members:
3323
1. The executive director of the Department of Law
3324
Enforcement.
3325
2. The director of the Division of Emergency Management
3326
within the Department of Community Affairs.
3327
3. The Attorney General.
3328
4. The Commissioner of Agriculture.
3329
5. The State Surgeon General Secretary of Health.
3330
6. The Commissioner of Education.
3331
7. The State Fire Marshal.
3332
8. The adjutant general of the Florida National Guard.
3333
9. The state chief information officer.
3334
10. Each sheriff or chief of police who serves as a co-
3335
chair of a regional domestic security task force pursuant to s.
3336
943.0312(1)(b).
3337
11. Each of the department's special agents in charge who
3338
serve as a co-chair of a regional domestic security task force.
3339
12. Two representatives of the Florida Fire Chiefs
3340
Association.
3341
13. One representative of the Florida Police Chiefs
3342
Association.
3343
14. One representative of the Florida Prosecuting Attorneys
3344
Association.
3345
15. The chair of the Statewide Domestic Security
3346
Intelligence Committee.
3347
16. One representative of the Florida Hospital Association.
3348
17. One representative of the Emergency Medical Services
3349
Advisory Council.
3350
18. One representative of the Florida Emergency
3351
Preparedness Association.
3352
19. One representative of the Florida Seaport
3353
Transportation and Economic Development Council.
3354
(4) EXECUTIVE COMMITTEE.--
3355
(a) The council shall establish an executive committee
3356
consisting of the following members:
3357
1. The executive director of the Department of Law
3358
Enforcement.
3359
2. The director of the Division of Emergency Management
3360
within the Department of Community Affairs.
3361
3. The Attorney General.
3362
4. The Commissioner of Agriculture.
3363
5. The State Surgeon General Secretary of Health.
3364
6. The Commissioner of Education.
3365
7. The State Fire Marshal.
3366
Section 112. Paragraph (f) of subsection (3) of section
3367
1004.435, Florida Statutes, is repealed, and paragraph (b) of
3368
subsection (3), paragraphs (d), (h), (j), (l), (n), and (o) of
3369
subsection (4), subsection (5), and paragraph (b) of subsection
3370
(6) of that section are amended to read:
3371
1004.435 Cancer control and research.--
3372
(3) DEFINITIONS.--The following words and phrases when used
3373
in this section have, unless the context clearly indicates
3374
otherwise, the meanings given to them in this subsection:
3375
(b) "Council" means the Florida Cancer Control and Research
3376
Advisory Council, which is an advisory body appointed to function
3377
on a continuing basis for the study of cancer and which
3378
recommends solutions and policy alternatives to the Board of
3379
Governors and the State Surgeon General secretary and which is
3380
established by this section.
3381
(4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
3382
CREATION; COMPOSITION.--
3383
(d) The council shall meet no less than semiannually at the
3384
call of the chairperson or, in his or her absence or incapacity,
3385
at the call of the State Surgeon General secretary. Sixteen
3386
members constitute a quorum for the purpose of exercising all of
3387
the powers of the council. A vote of the majority of the members
3388
present is sufficient for all actions of the council.
3389
(h) The council shall advise the Board of Governors, the
3390
State Surgeon General secretary, and the Legislature with respect
3391
to cancer control and research in this state.
3392
(j) The council shall formulate and recommend to the State
3393
Surgeon General secretary a plan for the care and treatment of
3394
persons suffering from cancer and recommend the establishment of
3395
standard requirements for the organization, equipment, and
3396
conduct of cancer units or departments in hospitals and clinics
3397
in this state. The council may recommend to the State Surgeon
3398
General secretary the designation of cancer units following a
3399
survey of the needs and facilities for treatment of cancer in the
3400
various localities throughout the state. The State Surgeon
3401
General secretary shall consider the plan in developing
3402
departmental priorities and funding priorities and standards
3403
under chapter 395.
3404
(l) In order to implement in whole or in part the Florida
3405
Cancer Plan, the council shall recommend to the Board of
3406
Governors or the State Surgeon General secretary the awarding of
3407
grants and contracts to qualified profit or nonprofit
3408
associations or governmental agencies in order to plan,
3409
establish, or conduct programs in cancer control or prevention,
3410
cancer education and training, and cancer research.
3411
(n) The council shall have the responsibility to advise the
3412
Board of Governors and the State Surgeon General secretary on
3413
methods of enforcing and implementing laws already enacted and
3414
concerned with cancer control, research, and education.
3415
(o) The council may recommend to the Board of Governors or
3416
the State Surgeon General secretary rules not inconsistent with
3417
law as it may deem necessary for the performance of its duties
3418
and the proper administration of this section.
3419
(5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
3420
MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE STATE
3421
SURGEON GENERAL SECRETARY.--
3422
(a) The Board of Governors or the State Surgeon General
3423
secretary, after consultation with the council, shall award
3424
grants and contracts to qualified nonprofit associations and
3425
governmental agencies in order to plan, establish, or conduct
3426
programs in cancer control and prevention, cancer education and
3427
training, and cancer research.
3428
(b) The H. Lee Moffitt Cancer Center and Research
3429
Institute, Inc., shall provide such staff, information, and other
3430
assistance as reasonably necessary for the completion of the
3431
responsibilities of the council.
3432
(c) The Board of Governors or the State Surgeon General
3433
secretary, after consultation with the council, may adopt rules
3434
necessary for the implementation of this section.
3435
(d) The State Surgeon General secretary, after consultation
3436
with the council, shall make rules specifying to what extent and
3437
on what terms and conditions cancer patients of the state may
3438
receive financial aid for the diagnosis and treatment of cancer
3439
in any hospital or clinic selected. The department may furnish to
3440
citizens of this state who are afflicted with cancer financial
3441
aid to the extent of the appropriation provided for that purpose
3442
in a manner which in its opinion will afford the greatest benefit
3443
to those afflicted and may make arrangements with hospitals,
3444
laboratories, or clinics to afford proper care and treatment for
3445
cancer patients in this state.
3446
(6) FLORIDA CANCER CONTROL AND RESEARCH FUND.--
3447
(b) The fund shall be used exclusively for grants and
3448
contracts to qualified nonprofit associations or governmental
3449
agencies for the purpose of cancer control and prevention, cancer
3450
education and training, cancer research, and all expenses
3451
incurred in connection with the administration of this section
3452
and the programs funded through the grants and contracts
3453
authorized by the State Board of Education or the State Surgeon
3454
General secretary.
3455
Reviser's note.--Amended pursuant to the directive of the
3456
Legislature in s. 3, ch. 2007-40, Laws of Florida, to
3457
conform the statutes to the redesignation of the Secretary
3458
of Health as the State Surgeon General by s. 1, ch. 2007-40.
3459
Section 113. This act shall take effect on the 60th day
3460
after adjournment sine die of the session of the Legislature in
3461
which enacted.
CODING: Words stricken are deletions; words underlined are additions.