Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/HB 1471, 2nd Eng.
       
       
       
       
       
       
                                Barcode 967188                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/28/2009 05:46 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (2) of section
    6  154.503, Florida Statutes, is amended to read:
    7         154.503 Primary Care for Children and Families Challenge
    8  Grant Program; creation; administration.—
    9         (2) The department shall:
   10         (e) Coordinate with the primary care program developed
   11  pursuant to s. 154.011, the Florida Healthy Kids Corporation
   12  program created in s. 624.91, the school health services program
   13  created in ss. 381.0056 and 381.0057, the Healthy Communities,
   14  Healthy People Program created in s. 381.734, and the volunteer
   15  health care provider program developed pursuant to s. 766.1115.
   16         Section 2. Sections 381.0053, 381.0054, 381.732, 381.733,
   17  and 381.734, Florida Statutes, are repealed.
   18         Section 3. Subsection (16) of section 381.006, Florida
   19  Statutes, is amended to read:
   20         381.006 Environmental health.—The department shall conduct
   21  an environmental health program as part of fulfilling the
   22  state’s public health mission. The purpose of this program is to
   23  detect and prevent disease caused by natural and manmade factors
   24  in the environment. The environmental health program shall
   25  include, but not be limited to:
   26         (16) A group-care-facilities function, where a group care
   27  facility means any public or private school, housing, building
   28  or buildings, section of a building, or distinct part of a
   29  building or other place, whether operated for profit or not,
   30  which undertakes, through its ownership or management, to
   31  provide one or more personal services, care, protection, and
   32  supervision to persons who require such services and who are not
   33  related to the owner or administrator. The department may adopt
   34  rules necessary to protect the health and safety of residents,
   35  staff, and patrons of group care facilities, such as child care
   36  facilities, family day care homes, assisted living facilities,
   37  adult day care centers, adult family care homes, hospices,
   38  residential treatment facilities, crisis stabilization units,
   39  pediatric extended care centers, intermediate care facilities
   40  for the developmentally disabled, group care homes, and, jointly
   41  with the Department of Education, private and public schools.
   42  These rules may include definitions of terms; provisions
   43  relating to operation and maintenance of facilities, buildings,
   44  grounds, equipment, furnishings, and occupant-space
   45  requirements; lighting; heating, cooling, and ventilation; food
   46  service; water supply and plumbing; sewage; sanitary facilities;
   47  insect and rodent control; garbage; safety; personnel health,
   48  hygiene, and work practices; and other matters the department
   49  finds are appropriate or necessary to protect the safety and
   50  health of the residents, staff, or patrons. The department may
   51  not adopt rules that conflict with rules adopted by the
   52  licensing or certifying agency. The department may enter and
   53  inspect at reasonable hours to determine compliance with
   54  applicable statutes or rules. An environmental health program
   55  inspection of a certified domestic violence center is limited to
   56  the requirements in the department’s rules applicable to
   57  community-based residential facilities with five or fewer
   58  residents. In addition to any sanctions that the department may
   59  impose for violations of rules adopted under this section, the
   60  department shall also report such violations to any agency
   61  responsible for licensing or certifying the group care facility.
   62  The licensing or certifying agency may also impose any sanction
   63  based solely on the findings of the department.
   64  
   65  The department may adopt rules to carry out the provisions of
   66  this section.
   67         Section 4. Paragraph (a) of subsection (2) of section
   68  381.0072, Florida Statutes, is amended to read:
   69         381.0072 Food service protection.—It shall be the duty of
   70  the Department of Health to adopt and enforce sanitation rules
   71  consistent with law to ensure the protection of the public from
   72  food-borne illness. These rules shall provide the standards and
   73  requirements for the storage, preparation, serving, or display
   74  of food in food service establishments as defined in this
   75  section and which are not permitted or licensed under chapter
   76  500 or chapter 509.
   77         (2) DUTIES.—
   78         (a) The department shall adopt rules, including definitions
   79  of terms which are consistent with law prescribing minimum
   80  sanitation standards and manager certification requirements as
   81  prescribed in s. 509.039, and which shall be enforced in food
   82  service establishments as defined in this section. The
   83  sanitation standards must address the construction, operation,
   84  and maintenance of the establishment; lighting, ventilation,
   85  laundry rooms, lockers, use and storage of toxic materials and
   86  cleaning compounds, and first-aid supplies; plan review; design,
   87  construction, installation, location, maintenance, sanitation,
   88  and storage of food equipment and utensils; employee training,
   89  health, hygiene, and work practices; food supplies, preparation,
   90  storage, transportation, and service, including access to the
   91  areas where food is stored or prepared; and sanitary facilities
   92  and controls, including water supply and sewage disposal;
   93  plumbing and toilet facilities; garbage and refuse collection,
   94  storage, and disposal; and vermin control. Public and private
   95  schools, if the food service is operated by school employees;
   96  hospitals licensed under chapter 395; nursing homes licensed
   97  under part II of chapter 400; child care facilities as defined
   98  in s. 402.301; residential facilities colocated with a nursing
   99  home or hospital, if all food is prepared in a central kitchen
  100  that complies with nursing or hospital regulations; and bars and
  101  lounges, as defined by department rule, are exempt from the
  102  rules developed for manager certification. The department shall
  103  administer a comprehensive inspection, monitoring, and sampling
  104  program to ensure such standards are maintained. With respect to
  105  food service establishments permitted or licensed under chapter
  106  500 or chapter 509, the department shall assist the Division of
  107  Hotels and Restaurants of the Department of Business and
  108  Professional Regulation and the Department of Agriculture and
  109  Consumer Services with rulemaking by providing technical
  110  information. Food service inspections of a certified domestic
  111  violence center are limited to the requirements in the
  112  department’s rules applicable to community-based residential
  113  facilities with five or fewer residents.
  114         Section 5. Subsection (1) and paragraph (a) of subsection
  115  (2) of section 381.0203, Florida Statutes, are amended to read:
  116         381.0203 Pharmacy services.—
  117         (1) The department shall may contract on a statewide basis
  118  for the purchase of drugs, as defined in s. 499.003, to be used
  119  by state agencies and political subdivisions, and may adopt
  120  rules to administer this section. Effective January 1, 2010, all
  121  state agencies, except the Agency for Health Care
  122  Administration, the Department of Veterans’ Affairs, and the
  123  Department of Management Services, must purchase drugs through
  124  the statewide contract unless:
  125         (a)The Pharmacy and Therapeutic Advisory Council approves
  126  a more cost-effective purchasing plan; or
  127         (b)The drugs required are not available through the
  128  statewide purchasing contract.
  129         (2) The department shall may establish and maintain a
  130  pharmacy services program that includes, including, but is not
  131  limited to:
  132         (a) A central pharmacy to support pharmaceutical services
  133  provided by the county health departments, including
  134  pharmaceutical repackaging, dispensing, and the purchase and
  135  distribution of immunizations and other pharmaceuticals. Such
  136  services shall be provided to other state agencies and political
  137  subdivisions of the state upon written agreement. Cost savings
  138  realized by the state through the use of a central pharmacy may
  139  be used by the department to offset additional costs.
  140         Section 6. Section 381.84, Florida Statutes, is
  141  transferred, renumbered as section 385.106, Florida Statutes,
  142  and amended to read:
  143         385.106 381.84 Comprehensive Statewide Tobacco Education
  144  and Use Prevention Program.—
  145         (1) DEFINITIONS.—As used in this section and for purposes
  146  of the provisions of s. 27, Art. X of the State Constitution,
  147  the term:
  148         (a) “AHEC network” means an area health education center
  149  network established under s. 381.0402.
  150         (b)“Best practices” means the Best Practices for
  151  Comprehensive Tobacco Control Programs as established by the
  152  CDC, as amended.
  153         (c)(b) “CDC” means the United States Centers for Disease
  154  Control and Prevention.
  155         (d)(c) “Council” means the Tobacco Education and Use
  156  Prevention Advisory Council.
  157         (d)“Department” means the Department of Health.
  158         (e)“Tobacco” means, without limitation, tobacco itself and
  159  tobacco products that include tobacco and are intended or
  160  expected for human use or consumption, including, but not
  161  limited to, cigarettes, cigars, pipe tobacco, and smokeless
  162  tobacco.
  163         (f)“Youth” means minors and young adults.
  164         (2) PURPOSE, FINDINGS, AND INTENT.—It is The purpose of
  165  this section is to implement s. 27, Art. X of the State
  166  Constitution. The Legislature finds that s. 27, Art. X of the
  167  State Constitution requires the funding of a statewide tobacco
  168  education and use prevention program that focuses on tobacco use
  169  by youth. The Legislature further finds that the primary goals
  170  of the program are to reduce the prevalence of tobacco use among
  171  youth, adults, and pregnant women; reduce per capita tobacco
  172  consumption; and reduce exposure to environmental tobacco smoke.
  173  Further, It is the intent of the Legislature to base increases
  174  in funding for individual components of the program on the
  175  results of assessments and evaluations. Recognizing that some
  176  components will need to grow faster than inflation, it is the
  177  intent of the Legislature to fund portions of the program on a
  178  nonrecurring basis in the early years so that those components
  179  that are most effective can be supported as the program matures.
  180         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
  181  shall conduct a comprehensive, statewide tobacco education and
  182  use prevention program consistent with the recommendations for
  183  effective program components contained in the 1999 Best
  184  Practices for Comprehensive Tobacco Control Programs of the CDC,
  185  as amended by the CDC. The program must shall include the
  186  following components, each of which shall focus on educating
  187  people, particularly youth and their parents, about the health
  188  hazards of tobacco and discouraging the use of tobacco. All
  189  program components must include efforts to educate youth and
  190  their parents about tobacco use, and a youth-directed focus must
  191  exist in all components outlined in this subsection.:
  192         (a) State and community interventions.—Interventions
  193  include, but not be limited to, a statewide tobacco control
  194  program that combines and coordinates community-based
  195  interventions that focus on preventing initiation of tobacco use
  196  among youth and young adults; promoting quitting among adults,
  197  youth, and pregnant women; eliminating exposure to secondhand
  198  smoke; identifying and eliminating tobacco-related disparities
  199  among population groups; and promoting a range of collaborations
  200  to prevent and alleviate the effects of chronic diseases.
  201  Counter-marketing and advertising; cyberspace resource center.
  202  The counter-marketing and advertising campaign shall include, at
  203  a minimum, Internet, print, radio, and television advertising
  204  and shall be funded with a minimum of one-third of the total
  205  annual appropriation required by s. 27, Art. X of the State
  206  Constitution. A cyberspace resource center for copyrighted
  207  materials and information concerning tobacco education and use
  208  prevention, including cessation, shall be maintained by the
  209  program. Such resource center must be accessible to the public,
  210  including parents, teachers, and students, at each level of
  211  public and private schools, universities, and colleges in the
  212  state and shall provide links to other relevant resources. The
  213  Internet address for the resource center must be incorporated in
  214  all advertising. The information maintained in the resource
  215  center shall be used by the other components of the program.
  216         (b) Health communication interventions.—Effective media and
  217  health communication intervention efforts include, but are not
  218  limited to, audience research to define themes and execute
  219  messages for influential, high impact, and specifically targeted
  220  campaigns; market research to identify the target market and the
  221  behavioral theory motivating change; counter-marketing
  222  surveillance; community tie-ins to support and reinforce the
  223  statewide campaign; technologies such as viral marketing, social
  224  networks, personal web pages, and web logs; traditional media;
  225  process and outcome evaluation of communication efforts; and
  226  promotion of available services, including the state telephone
  227  cessation quitline. Cessation programs, counseling, and
  228  treatment.—This program component shall include two
  229  subcomponents:
  230         1.A statewide toll-free cessation service, which may
  231  include counseling, referrals to other local resources and
  232  support services, and treatment to the extent funds are
  233  available for treatment services; and
  234         2.A local community-based program to disseminate
  235  information about smoking cessation, how smoking cessation
  236  relates to prenatal care and obesity prevention, and other
  237  chronic tobacco-related diseases.
  238         (c) Cessation interventions.—Cessation interventions
  239  include, but are not limited to, sustaining, expanding, and
  240  promoting the service through population-based counseling and
  241  treatment programs; encouraging public and private insurance
  242  coverage for counseling and FDA-approved medication treatments
  243  for tobacco-use cessation; eliminating cost and other barriers
  244  to treatment for underserved populations; and making health care
  245  system changes. Youth interventions to prevent tobacco-use
  246  initiation and encourage cessation among young people are needed
  247  in order to reshape the environment to support tobacco-free
  248  norms. Because most people who start smoking are younger than 18
  249  years of age, intervening during adolescence is critical.
  250  Community programs and school-based policies and interventions
  251  should be a part of a comprehensive effort that is implemented
  252  in coordination with community and school environments and in
  253  conjunction with increasing the unit price of tobacco products,
  254  sustaining anti-tobacco media campaigns, making environments
  255  tobacco free, and engaging in other efforts to create tobacco
  256  free social norms. Surveillance and evaluation.The program
  257  shall conduct ongoing epidemiological surveillance and shall
  258  contract for annual independent evaluations of the effectiveness
  259  of the various components of the program in meeting the goals as
  260  set forth in subsection (2).
  261         (d) Surveillance and evaluation.—The surveillance and
  262  evaluation of all program components shall monitor and document
  263  short-term, intermediate, and long-term intervention outcomes to
  264  inform program and policy direction and ensure accountability.
  265  The surveillance and evaluation must be conducted objectively
  266  through scientifically sound methodology. Youth school
  267  programs.School and after-school programs shall use current
  268  evidence-based curricula and programs that involve youth to
  269  educate youth about the health hazards of tobacco, help youth
  270  develop skills to refuse tobacco, and demonstrate to youth how
  271  to stop using tobacco.
  272         (e) Administration and management.—Administration and
  273  management activities include, but are not limited to, strategic
  274  planning to guide program efforts and resources in order to
  275  accomplish goals; recruiting and developing qualified and
  276  diverse technical, program, and administrative staff; awarding
  277  and monitoring program contracts and grants to coordinate
  278  implementation across program areas; developing and maintaining
  279  a fiscal-management system to track allocations and the
  280  expenditure of funds; increasing capacity at the community level
  281  through ongoing training and technical assistance; creating
  282  effective communications internally among chronic disease
  283  prevention programs and local coalitions and partners; and
  284  educating the public and decisionmakers on the health effects of
  285  tobacco and evidence-based effective program and policy
  286  interventions. Community programs and chronic disease
  287  prevention.—The department shall promote and support local
  288  community-based partnerships that emphasize programs involving
  289  youth, including programs for the prevention, detection, and
  290  early intervention of smoking-related chronic diseases.
  291         (f) Training.—The program shall include the training of
  292  health care practitioners, smoking-cessation counselors, and
  293  teachers by health professional students and other tobacco-use
  294  prevention specialists who are trained in preventing tobacco use
  295  and health education. Smoking-cessation counselors shall be
  296  trained by specialists who are certified in tobacco-use
  297  cessation.
  298         (g) County health departments Administration, statewide
  299  programs, and county health departments.—Each county health
  300  department is eligible to receive a portion of the annual
  301  appropriation, on a per capita basis, for coordinating tobacco
  302  education and use prevention programs within that county.
  303  Appropriated funds may be used to improve the infrastructure of
  304  the county health department to implement the comprehensive,
  305  statewide tobacco education and use prevention program. Each
  306  county health department shall prominently display in all
  307  treatment rooms and waiting rooms, counter-marketing and
  308  advertisement materials in the form of wall posters, brochures,
  309  television advertising if televisions are used in the lobby or
  310  waiting room, and screensavers and Internet advertising if
  311  computer kiosks are available for use or viewing by people at
  312  the county health department.
  313         (h) Enforcement and awareness of related laws.—In
  314  coordination with the Department of Business and Professional
  315  Regulation, the program shall monitor the enforcement of laws,
  316  rules, and policies prohibiting the sale or other provision of
  317  tobacco to minors, as well as the continued enforcement of the
  318  Clean Indoor Air Act prescribed in chapter 386. The
  319  advertisements produced in accordance with paragraph (b)
  320  paragraph (a) may also include information designed to make the
  321  public aware of these related laws and rules. The departments
  322  may enter into interagency agreements to carry out this program
  323  component.
  324         (i) AHEC smoking-cessation initiative.—For the 2007-2008
  325  and 2008-2009 fiscal years only, The AHEC network shall expand
  326  the AHEC smoking-cessation initiative to each county within the
  327  state and perform other activities as determined by the
  328  department.
  329         (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND MEETINGS.
  330  The Tobacco Education and Use Prevention Advisory Council is
  331  created within the department.
  332         (a) The council shall consist of 23 members, including:
  333         1. The State Surgeon General, who shall serve as the
  334  chairperson.
  335         2. One county health department director, appointed by the
  336  State Surgeon General.
  337         3. Two members appointed by the Commissioner of Education,
  338  of whom one must be a school district superintendent.
  339         4. The chief executive officer of the Florida Division of
  340  the American Cancer Society, or his or her designee.
  341         5. The chief executive officer of the Greater Southeast
  342  Affiliate of the American Heart Association, or his or her
  343  designee.
  344         6. The chief executive officer of the American Lung
  345  Association of Florida, or his or her designee.
  346         7. The dean of the University of Miami School of Medicine,
  347  or his or her designee.
  348         8. The dean of the University of Florida College of
  349  Medicine, or his or her designee.
  350         9. The dean of the University of South Florida College of
  351  Medicine, or his or her designee.
  352         10. The dean of the Florida State University College of
  353  Medicine, or his or her designee.
  354         11. The dean of Nova Southeastern College of Osteopathic
  355  Medicine, or his or her designee.
  356         12. The dean of the Lake Erie College of Osteopathic
  357  Medicine in Bradenton, Florida, or his or her designee.
  358         13. The chief executive officer of the Campaign for Tobacco
  359  Free Kids, or his or her designee.
  360         14. The chief executive officer of the Legacy Foundation,
  361  or his or her designee.
  362         15. Four members appointed by the Governor, of whom two
  363  must have expertise in the field of tobacco-use prevention and
  364  education or smoking cessation and one individual who must shall
  365  be between the ages of 16 and 21 at the time of his or her
  366  appointment.
  367         16. Two members appointed by the President of the Senate,
  368  of whom one must have expertise in the field of tobacco-use
  369  prevention and education or smoking cessation.
  370         17. Two members appointed by the Speaker of the House of
  371  Representatives, of whom one must have expertise in the field of
  372  tobacco-use prevention and education or smoking cessation.
  373         (b) The appointments shall be for 3-year terms and shall
  374  reflect the diversity of the state’s population. A vacancy shall
  375  be filled by appointment by the original appointing authority
  376  for the unexpired portion of the term.
  377         (c) An appointed member may not serve more than two
  378  consecutive terms.
  379         (d) The council shall meet at least quarterly and upon the
  380  call of the chairperson. Meetings may be held via teleconference
  381  or other electronic means.
  382         (e) Members of the council shall serve without
  383  compensation, but are entitled to reimbursement for per diem and
  384  travel expenses pursuant to s. 112.061. Members who are state
  385  officers or employees or who are appointed by state officers or
  386  employees shall be reimbursed for per diem and travel expenses
  387  pursuant to s. 112.061 from the state agency through which they
  388  serve.
  389         (f) The council shall adhere to all state ethics laws.
  390  Meetings of the council and the review panels are subject to
  391  chapter 119, s. 286.011, and s. 24, Art. I of the State
  392  Constitution. The department shall provide council members with
  393  information and other assistance as is reasonably necessary to
  394  assist the council in carrying out its responsibilities.
  395         (5) COUNCIL DUTIES AND RESPONSIBILITIES.—The council shall
  396  advise the State Surgeon General as to the direction and scope
  397  of the Comprehensive Statewide Tobacco Education and Use
  398  Prevention Program. The responsibilities of the council may
  399  include, but are not limited to:
  400         (a) Providing advice on program priorities and emphases.
  401         (b) Providing advice on the overall program budget.
  402         (c) Providing advice on copyrighted material, trademark,
  403  and future transactions as they pertain to the tobacco education
  404  and use prevention program.
  405         (d) Reviewing, as requested by the department, broadcast
  406  material prepared for the Internet, portable media players,
  407  radio, and television advertisement as it relates to the
  408  advertising component of the tobacco education and use
  409  prevention program.
  410         (e) Participating in periodic program evaluation, as
  411  requested by the department.
  412         (f) Assisting the department in developing the development
  413  of guidelines to ensure fairness, neutrality, and adherence to
  414  the principles of merit and quality in the conduct of the
  415  program.
  416         (g) Assisting the department in developing the development
  417  of administrative procedures relating to solicitation, review,
  418  and award of contracts and grants in order to ensure an
  419  impartial, high-quality peer review system.
  420         (h) Assisting the department in developing panels to review
  421  and evaluate potential fund recipients the development and
  422  supervision of peer review panels.
  423         (i) Assisting the department in reviewing reports of peer
  424  review panels and making recommendations for funding allocations
  425  contracts and grants.
  426         (j) Assisting the department in reviewing the activities
  427  and evaluating the performance of the AHEC network to avoid
  428  duplicative efforts using state funds.
  429         (k) Recommending specific measureable outcomes meaningful
  430  outcome measures through a regular review of evidence-based and
  431  promising tobacco-use prevention and education strategies and
  432  programs of other states and the Federal Government.
  433         (l) Recommending policies to encourage a coordinated
  434  response to tobacco use in this state, focusing specifically on
  435  creating partnerships within and between the public and private
  436  sectors.
  437         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
  438  program components or subcomponents described in paragraphs
  439  (3)(a)-(f) shall be awarded by the State Surgeon General, after
  440  consultation with the council, on the basis of merit, as
  441  determined by an open, competitive, peer-reviewed process that
  442  ensures objectivity, consistency, and high quality. The
  443  department shall award such grants or contracts by no later than
  444  October 1 for each fiscal year. A recipient of a contract or
  445  grant for the program component described in paragraph (3)(d)
  446  (3)(c) is not eligible for a contract or grant award for any
  447  other program component described in subsection (3) in the same
  448  state fiscal year. A school or college of medicine that is
  449  represented on the council is not eligible to receive a contract
  450  or grant under this section. For the 2007-2008 and 2008-2009
  451  fiscal years only, The department shall award a contract or
  452  grant in the amount of $11 $10 million to the AHEC network for
  453  the purpose of developing the components described in paragraph
  454  (3)(i). The AHEC network may apply for a competitive contract or
  455  grant after the 2008-2009 fiscal year.
  456         (a) In order to ensure that all proposals for funding are
  457  appropriate and are evaluated fairly on the basis of merit, the
  458  State Surgeon General, in consultation with the council, shall
  459  appoint a peer review panel of independent, qualified experts in
  460  the field of tobacco control to review the content of each
  461  proposal and establish its priority score. The priority scores
  462  shall be forwarded to the council and must be considered in
  463  determining which proposals are will be recommended for funding.
  464         (b) The council and the peer review panel shall establish
  465  and follow rigorous guidelines for ethical conduct and adhere to
  466  a strict policy with regard to conflicts of interest. Council
  467  members are subject to the applicable provisions of chapter 112.
  468  A member of the council or panel may not participate in any
  469  discussion or decision with respect to a research proposal by
  470  any firm, entity, or agency with which the member is associated
  471  as a member of the governing body or as an employee or with
  472  which the member has entered into a contractual arrangement.
  473  Meetings of the council and the peer review panels are subject
  474  to chapter 119, s. 286.011, and s. 24, Art. I of the State
  475  Constitution.
  476         (c) In each contract or grant agreement, the department
  477  shall limit the use of food and promotional items to no more
  478  than 2.5 percent of the total amount of the contract or grant
  479  and limit overhead or indirect costs to no more than 7.5 percent
  480  of the total amount of the contract or grant. The department, in
  481  consultation with the Department of Financial Services, shall
  482  publish guidelines for appropriate food and promotional items.
  483         (d) In each advertising contract, the department shall
  484  limit the total of production fees, buyer commissions, and
  485  related costs to no more than 10 percent of the total contract
  486  amount.
  487         (e) Notwithstanding the competitive process for contracts
  488  prescribed in this subsection, each county health department is
  489  eligible for core funding, on a per capita basis, to implement
  490  tobacco education and use prevention activities within that
  491  county.
  492         (7) ANNUAL REPORT REQUIRED.—By February 28 January 31 of
  493  each year, the department shall provide to the Governor, the
  494  President of the Senate, and the Speaker of the House of
  495  Representatives a report that evaluates the program’s
  496  effectiveness in reducing and preventing tobacco use and that
  497  recommends improvements to enhance the program’s effectiveness.
  498  The report must contain, at a minimum, an annual survey of youth
  499  attitudes and behavior toward tobacco, as well as a description
  500  of the progress in reducing the prevalence of tobacco use among
  501  youth, adults, and pregnant women; reducing per capita tobacco
  502  consumption; and reducing exposure to environmental tobacco
  503  smoke.
  504         (8) LIMITATION ON ADMINISTRATIVE EXPENSES.—From the total
  505  funds appropriated for the Comprehensive Statewide Tobacco
  506  Education and Use Prevention Program in the General
  507  Appropriations Act, an amount of up to 5 percent may be used by
  508  the department for administrative expenses.
  509         (9)RULEMAKING AUTHORIZED.—By January 1, 2008, the
  510  department shall adopt rules pursuant to ss. 120.536(1) and
  511  120.54 to administer this section.
  512         Section 7. Section 381.91, Florida Statutes, is transferred
  513  and renumbered as section 385.2024, Florida Statutes, to read:
  514         385.2024 381.91 Jessie Trice Cancer Prevention Program.—
  515         (1) It is the intent of the Legislature to:
  516         (a) Reduce the rates of illness and death from lung cancer
  517  and other cancers and improve the quality of life among low
  518  income African-American and Hispanic populations through
  519  increased access to early, effective screening and diagnosis,
  520  education, and treatment programs.
  521         (b) Create a community faith-based disease-prevention
  522  program in conjunction with the Health Choice Network and other
  523  community health centers to build upon the natural referral and
  524  education networks in place within minority communities and to
  525  increase access to health service delivery in Florida.
  526         (c) Establish a funding source to build upon local private
  527  participation to sustain the operation of the program.
  528         (2)(a) There is created the Jessie Trice Cancer Prevention
  529  Program, to be located, for administrative purposes, within the
  530  department of Health, and operated from the community health
  531  centers within the Health Choice Network in Florida.
  532         (b) Funding may be provided to develop contracts with
  533  community health centers and local community faith-based
  534  education programs to provide cancer screening, diagnosis,
  535  education, and treatment services to low-income populations
  536  throughout the state.
  537         Section 8. Section 381.911, Florida Statutes, is
  538  transferred, renumbered as section 385.2023, Florida Statutes,
  539  and amended to read:
  540         385.2023 381.911 Prostate Cancer Awareness Program.—
  541         (1) To the extent that funds are specifically made
  542  available for this purpose, the Prostate Cancer Awareness
  543  Program is established within the department of Health. The
  544  purpose of this program is to implement the recommendations of
  545  January 2000 of the Florida Prostate Cancer Task Force to
  546  provide for statewide outreach and health education activities
  547  to ensure that men are aware of and appropriately seek medical
  548  counseling for prostate cancer as an early-detection health care
  549  measure.
  550         (2) For purposes of implementing the program, the
  551  department of Health and the Florida Public Health Foundation,
  552  Inc., may:
  553         (a) Conduct activities directly or enter into a contract
  554  with a qualified nonprofit community education entity.
  555         (b) Seek any available gifts, grants, or funds from the
  556  state, the Federal Government, philanthropic foundations, and
  557  industry or business groups.
  558         (3) A prostate cancer advisory committee is created to
  559  advise and assist the department of Health and the Florida
  560  Public Health Foundation, Inc., in implementing the program.
  561         (a) The State Surgeon General shall appoint the advisory
  562  committee members, who shall consist of:
  563         1. Three persons from prostate cancer survivor groups or
  564  cancer-related advocacy groups.
  565         2. Three persons who are scientists or clinicians from
  566  public or nonpublic universities or research organizations.
  567         3. Three persons who are engaged in the practice of a
  568  cancer-related medical specialty from health organizations
  569  committed to cancer research and control.
  570         (b) Members shall serve without compensation but are
  571  entitled to reimbursement, pursuant to s. 112.061, for per diem
  572  and travel expenses incurred in the performance of their
  573  official duties.
  574         (4) The program shall coordinate its efforts with those of
  575  the Florida Public Health Foundation, Inc.
  576         Section 9. Section 381.912, Florida Statutes, is repealed.
  577         Section 10. Section 381.92, Florida Statutes, is
  578  transferred and renumbered as section 385.2025, Florida
  579  Statutes, to read:
  580         385.2025 381.92 Florida Cancer Council.—
  581         (1)Effective July 1, 2004, The Florida Cancer Council
  582  within the department of Health is established for the purpose
  583  of making the state a center of excellence for cancer research.
  584         (1)(2)(a) The council shall be representative of the
  585  state’s cancer centers, hospitals, and patient groups and shall
  586  be organized and shall operate in accordance with this act.
  587         (2)(b) The Florida Cancer Council may create not-for-profit
  588  corporate subsidiaries to fulfill its mission. The council and
  589  its subsidiaries are authorized to receive, hold, invest, and
  590  administer property and any moneys acquired from private, local,
  591  state, and federal sources, as well as technical and
  592  professional income generated or derived from the mission
  593  related activities of the council.
  594         (3)(a)(c) The members of the council shall consist of:
  595         1. The chair of the Florida Dialogue on Cancer, who shall
  596  serve as the chair of the council;
  597         2. The State Surgeon General or his or her designee;
  598         3. The chief executive officer of the H. Lee Moffitt Cancer
  599  Center or his or her designee;
  600         4. The director of the University of Florida Shands Cancer
  601  Center or his or her designee;
  602         5. The chief executive officer of the University of Miami
  603  Sylvester Comprehensive Cancer Center or his or her designee;
  604         6. The chief executive officer of the Mayo Clinic,
  605  Jacksonville, or his or her designee;
  606         7. The chief executive officer of the American Cancer
  607  Society, Florida Division, Inc., or his or her designee;
  608         8. The president of the American Cancer Society, Florida
  609  Division, Inc., Board of Directors or his or her designee;
  610         9. The president of the Florida Society of Clinical
  611  Oncology or his or her designee;
  612         10. The president of the American College of Surgeons,
  613  Florida Chapter, or his or her designee;
  614         11. The chief executive officer of Enterprise Florida,
  615  Inc., or his or her designee;
  616         12. Five representatives from cancer programs approved by
  617  the American College of Surgeons. Three shall be appointed by
  618  the Governor, one shall be appointed by the Speaker of the House
  619  of Representatives, and one shall be appointed by the President
  620  of the Senate;
  621         13. One member of the House of Representatives, to be
  622  appointed by the Speaker of the House of Representatives; and
  623         14. One member of the Senate, to be appointed by the
  624  President of the Senate.
  625         (b)(d) Appointments made by the Speaker of the House of
  626  Representatives and the President of the Senate pursuant to
  627  paragraph (c) shall be for 2-year terms, concurrent with the
  628  bienniums in which they serve as presiding officers.
  629         (c)(e) Appointments made by the Governor pursuant to
  630  paragraph (c) shall be for 2-year terms, although the Governor
  631  may reappoint members.
  632         (d)(f) Members of the council or any subsidiaries shall
  633  serve without compensation, and each organization represented on
  634  the council shall cover the expenses of its representatives.
  635         (4)(3) The council shall issue an annual report to the
  636  Center for Universal Research to Eradicate Disease, the
  637  Governor, the Speaker of the House of Representatives, and the
  638  President of the Senate by December 15 of each year, with policy
  639  and funding recommendations regarding cancer research capacity
  640  in Florida and related issues.
  641         Section 11. Section 381.921, Florida Statutes, is
  642  transferred and renumbered as section 385.20251, Florida
  643  Statutes, to read:
  644         385.20251 381.921 Florida Cancer Council mission and
  645  duties.—The council, which shall work in concert with the
  646  Florida Center for Universal Research to Eradicate Disease to
  647  ensure that the goals of the center are advanced, shall endeavor
  648  to dramatically improve cancer research and treatment in this
  649  state through:
  650         (1) Efforts to significantly expand cancer research
  651  capacity in the state by:
  652         (a) Identifying ways to attract new research talent and
  653  attendant national grant-producing researchers to cancer
  654  research facilities in this state;
  655         (b) Implementing a peer-reviewed, competitive process to
  656  identify and fund the best proposals to expand cancer research
  657  institutes in this state;
  658         (c) Funding through available resources for those proposals
  659  that demonstrate the greatest opportunity to attract federal
  660  research grants and private financial support;
  661         (d) Encouraging the employment of bioinformatics in order
  662  to create a cancer informatics infrastructure that enhances
  663  information and resource exchange and integration through
  664  researchers working in diverse disciplines, to facilitate the
  665  full spectrum of cancer investigations;
  666         (e) Facilitating the technical coordination, business
  667  development, and support of intellectual property as it relates
  668  to the advancement of cancer research; and
  669         (f) Aiding in other multidisciplinary research-support
  670  activities as they inure to the advancement of cancer research.
  671         (2) Efforts to improve both research and treatment through
  672  greater participation in clinical trials networks by:
  673         (a) Identifying ways to increase adult enrollment in cancer
  674  clinical trials;
  675         (b) Supporting public and private professional education
  676  programs designed to increase the awareness and knowledge about
  677  cancer clinical trials;
  678         (c) Providing tools to cancer patients and community-based
  679  oncologists to aid in the identification of cancer clinical
  680  trials available in the state; and
  681         (d) Creating opportunities for the state’s academic cancer
  682  centers to collaborate with community-based oncologists in
  683  cancer clinical trials networks.
  684         (3) Efforts to reduce the impact of cancer on disparate
  685  groups by:
  686         (a) Identifying those cancers that disproportionately
  687  impact certain demographic groups; and
  688         (b) Building collaborations designed to reduce health
  689  disparities as they relate to cancer.
  690         Section 12. Paragraph (a) of subsection (2) and subsection
  691  (5) of section 381.922, Florida Statutes, as amended by section
  692  2 of chapter 2009-5, Laws of Florida, are amended to read:
  693         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  694  Cancer Research Program.—
  695         (2) The program shall provide grants for cancer research to
  696  further the search for cures for cancer.
  697         (a) Emphasis shall be given to the goals enumerated in s.
  698  385.20251 s. 381.921, as those goals support the advancement of
  699  such cures.
  700         (5) For the 2008-2009 fiscal year and each fiscal year
  701  thereafter, the sum of $6.75 million is appropriated annually
  702  from recurring funds in the General Revenue Fund to the
  703  Biomedical Research Trust Fund within the department of Health
  704  for purposes of the William G. “Bill” Bankhead, Jr., and David
  705  Coley Cancer Research Program and shall be distributed pursuant
  706  to this section to provide grants to researchers seeking cures
  707  for cancer, with emphasis given to the goals enumerated in s.
  708  385.20251 s. 381.921. From the total funds appropriated, an
  709  amount of up to 10 percent may be used for administrative
  710  expenses.
  711         Section 13. Section 381.93, Florida Statutes, is
  712  transferred and renumbered as section 385.2021, Florida
  713  Statutes, to read:
  714         385.2021 381.93 Breast and cervical cancer early detection
  715  program.—This section may be cited as the “Mary Brogan Breast
  716  and Cervical Cancer Early Detection Program Act.”
  717         (1) It is the intent of the Legislature to reduce the rates
  718  of death due to breast and cervical cancer through early
  719  diagnosis and increased access to early screening, diagnosis,
  720  and treatment programs.
  721         (2) The department of Health, using available federal funds
  722  and state funds appropriated for that purpose, is authorized to
  723  establish the Mary Brogan Breast and Cervical Cancer Screening
  724  and Early Detection Program to provide screening, diagnosis,
  725  evaluation, treatment, case management, and followup and
  726  referral to the Agency for Health Care Administration for
  727  coverage of treatment services.
  728         (3) The Mary Brogan Breast and Cervical Cancer Early
  729  Detection Program shall be funded through grants for such
  730  screening and early detection purposes from the federal Centers
  731  for Disease Control and Prevention under Title XV of the Public
  732  Health Service Act, 42 U.S.C. ss. 300k et seq.
  733         (4) The department shall limit enrollment in the program to
  734  persons with incomes up to and including 200 percent of the
  735  federal poverty level. The department shall establish an
  736  eligibility process that includes an income-verification process
  737  to ensure that persons served under the program meet income
  738  guidelines.
  739         (5) The department may provide other breast and cervical
  740  cancer screening and diagnostic services; however, such services
  741  shall be funded separately through other sources than this act.
  742         Section 14. Section 381.931, Florida Statutes, is
  743  transferred and renumbered as section 385.20211, Florida
  744  Statutes, to read:
  745         385.20211 381.931 Annual report on Medicaid expenditures.
  746  The department of Health and the Agency for Health Care
  747  Administration shall monitor the total Medicaid expenditures for
  748  services made under this act. If Medicaid expenditures are
  749  projected to exceed the amount appropriated by the Legislature,
  750  the Department of Health shall limit the number of screenings to
  751  ensure Medicaid expenditures do not exceed the amount
  752  appropriated. The department of Health, in cooperation with the
  753  Agency for Health Care Administration, shall prepare an annual
  754  report that must include the number of women screened; the
  755  percentage of positive and negative outcomes; the number of
  756  referrals to Medicaid and other providers for treatment
  757  services; the estimated number of women who are not screened or
  758  not served by Medicaid due to funding limitations, if any; the
  759  cost of Medicaid treatment services; and the estimated cost of
  760  treatment services for women who were not screened or referred
  761  for treatment due to funding limitations. The report shall be
  762  submitted to the President of the Senate, the Speaker of the
  763  House of Representatives, and the Executive Office of the
  764  Governor by March 1 of each year.
  765         Section 15. Chapter 385, Florida Statutes, entitled
  766  “Chronic Diseases,” is renamed the “Healthy and Fit Florida
  767  Act.”
  768         Section 16. Section 385.101, Florida Statutes, is amended
  769  to read:
  770         385.101 Short title.—This chapter Sections 385.101-385.103
  771  may be cited as the “Healthy and Fit Florida Chronic Diseases
  772  Act.”
  773         Section 17. Section 385.102, Florida Statutes, is amended
  774  to read:
  775         385.102 Legislative intent.—It is the finding of the
  776  Legislature that:
  777         (1) Chronic diseases continue to be the leading cause of
  778  death and disability in this state and the country exist in high
  779  proportions among the people of this state. These Chronic
  780  diseases include, but are not limited to, arthritis,
  781  cardiovascular disease heart disease, hypertension, diabetes,
  782  renal disease, cancer, and chronic obstructive lung disease,
  783  including chronic obstructive pulmonary disease. These diseases
  784  are often have the same preventable risk factors interrelated,
  785  and they directly and indirectly account for a high rate of
  786  death, disability, and underlying costs to the state’s health
  787  care system illness.
  788         (2)Chronic diseases have a significant impact on quality
  789  of life, not only for the individuals who experience their
  790  painful symptoms and resulting disabilities, but also for family
  791  members and caregivers.
  792         (3)Racial and ethnic minorities and other underserved
  793  populations are disproportionately affected by chronic diseases.
  794         (4)There are enormous medical costs and lost wages
  795  associated with chronic diseases and their complications.
  796         (5)(2) Advances in medical knowledge and technology assist
  797  have assisted in the prevention, detection, and management of
  798  chronic diseases. Comprehensive approaches that stress the
  799  stressing application of current medical treatment, continuing
  800  research, professional training, and patient education, and
  801  community-level policy and environmental changes should be
  802  implemented encouraged.
  803         (6)(3)A comprehensive program dealing with the early
  804  detection and prevention of chronic diseases is required to make
  805  knowledge and therapy available to all people of this state. The
  806  mobilization of scientific, medical, and educational resources,
  807  along with the implementation of community-based policy under
  808  one comprehensive chronic disease law, act will facilitate the
  809  prevention, early intervention, and management treatment of
  810  chronic these diseases and their symptoms. This integration of
  811  resources and policy will and result in a decline in death and
  812  disability illness among the people of this state.
  813         (7)Chronic diseases account for 70 percent of all deaths
  814  in the United States. The following chronic diseases are the
  815  leading causes of death and disability:
  816         (a)Heart disease and stroke, which have remained the first
  817  and third leading causes of death for both men and women in the
  818  United States for over 7 decades and account for approximately
  819  one-third of total deaths in this state each year.
  820         (b)Cancer, which is the second leading cause of death and
  821  is responsible for one in four deaths in this state.
  822         (c)Lung disease, which is the third leading cause of death
  823  and accounts for one in every six deaths in this state.
  824         (d)Diabetes, which is the sixth leading cause of death in
  825  this state.
  826         (e)Arthritis, which is the leading cause of disability in
  827  the United States, limiting daily activities for more than 19
  828  million citizens. In this state, arthritis limits daily
  829  activities for an estimated 1.3 million people.
  830         (8)The department shall establish, promote, and maintain
  831  state-level and local-level programs for chronic disease
  832  prevention and health promotion to the extent that funds are
  833  specifically made available for this purpose.
  834         Section 18. Section 385.1021, Florida Statutes, is created
  835  to read:
  836         385.1021Definitions.—As used in this chapter, the term:
  837         (1)“CDC” means the United States Centers for Disease
  838  Control and Prevention.
  839         (2)“Chronic disease” means an illness that is prolonged,
  840  does not resolve spontaneously, and is rarely cured completely.
  841         (3)“Department” means the Department of Health.
  842         (4)“Environmental changes” means changes to the economic,
  843  social, or physical natural or built environments which
  844  encourage or enable behaviors.
  845         (5)“Policy change” means altering an informal or formal
  846  agreement between public or private sectors which sets forth
  847  values, behaviors, or resource allocation in order to improve
  848  health.
  849         (6)“Primary prevention” means an intervention that is
  850  directed toward healthy populations and focuses on avoiding
  851  disease before it occurs.
  852         (7)“Risk factor” means a characteristic or condition
  853  identified during the course of an epidemiological study of a
  854  disease that appears to be statistically associated with a high
  855  incidence of that disease.
  856         (8)“Secondary prevention” means an intervention that is
  857  designed to promote the early detection and management of
  858  diseases and reduce the risks experienced by at-risk
  859  populations.
  860         (9)“System changes” means altering standard activities,
  861  protocols, policies, processes, and structures carried out in
  862  population-based settings, such as schools, worksites, health
  863  care facilities, faith-based organizations, and the overall
  864  community, which promote and support new behaviors.
  865         (10)“Tertiary prevention” means an intervention that is
  866  directed at rehabilitating and minimizing the effects of disease
  867  in a chronically ill population.
  868         (11)“Tobacco” means, without limitation, tobacco itself
  869  and tobacco products that include tobacco and are intended or
  870  expected for human use or consumption, including, but not
  871  limited to, cigarettes, cigars, pipe tobacco, and smokeless
  872  tobacco.
  873         (12)“Wellness program” means a structured program that is
  874  designed or approved by the department to offer intervention
  875  activities on or off the worksite which help state employees
  876  change certain behaviors or adopt healthy lifestyles.
  877         (13)“Youth” means children and young adults, up through 24
  878  years of age, inclusive.
  879         Section 19. Section 385.1022, Florida Statutes, is created
  880  to read:
  881         385.1022Chronic disease prevention program.—The department
  882  shall support public health programs to reduce the incidence of
  883  mortality and morbidity from diseases for which risk factors can
  884  be identified. Such risk factors include, but are not limited
  885  to, being overweight or obese, physical inactivity, poor
  886  nutrition and diet, tobacco use, sun exposure, and other
  887  practices that are detrimental to health. The programs shall
  888  educate and screen the general public as well as groups at
  889  particularly high risk of chronic diseases.
  890         Section 20. Section 385.1023, Florida Statutes, is created
  891  to read:
  892         385.1023State-level prevention programs for chronic
  893  disease.—
  894         (1)The department shall create state-level programs that
  895  address the leading, preventable chronic disease risk factors of
  896  poor nutrition and obesity, tobacco use, sun exposure, and
  897  physical inactivity in order to decrease the incidence of
  898  arthritis, cancer, diabetes, heart disease, lung disease,
  899  stroke, and other chronic diseases.
  900         (2)State-level programs shall address, but need not be
  901  limited to, the following activities:
  902         (a)Monitoring specific causal and behavioral risk factors
  903  that affect the health of residents in the state.
  904         (b)Analyzing data regarding chronic disease mortality and
  905  morbidity to track changes over time.
  906         (c)Promoting public awareness and increasing knowledge
  907  concerning the causes of chronic diseases, the importance of
  908  early detection, diagnosis, and appropriate evidence-based
  909  prevention, management, and treatment strategies.
  910         (d)Disseminating educational materials and information
  911  concerning evidence-based results, available services, and
  912  pertinent new research findings and prevention strategies to
  913  patients, health insurers, health professionals, and the public.
  914         (e)Using education and training resources and services
  915  developed by organizations having appropriate expertise and
  916  knowledge of chronic diseases for technical assistance.
  917         (f)Evaluating the quality and accessibility of existing
  918  community-based services for chronic disease.
  919         (g)Increasing awareness among state and local officials
  920  involved in health and human services, health professionals and
  921  providers, and policymakers about evidence-based chronic-disease
  922  prevention, tobacco cessation, and treatment strategies and
  923  their benefits for people who have chronic diseases.
  924         (h)Developing a partnership with state and local
  925  governments, voluntary health organizations, hospitals, health
  926  insurers, universities, medical centers, employer groups,
  927  private companies, and health care providers to address the
  928  burden of chronic disease in this state.
  929         (i)Implementing and coordinating state-level policies in
  930  order to reduce the burden of chronic disease.
  931         (j)Providing lasting improvements in the delivery of
  932  health care for individuals who have chronic disease and their
  933  families, thus improving their quality of life while also
  934  containing health care costs.
  935         Section 21. Section 385.103, Florida Statutes, is amended
  936  to read:
  937         385.103 Community-level Community intervention programs for
  938  chronic disease prevention and health promotion.—
  939         (1) DEFINITIONS.—As used in this section, the term:
  940         (a) “Chronic disease prevention and health promotion
  941  control program” means a program that may include, but is not
  942  limited to, including a combination of the following elements:
  943         1. Staff who are sufficiently trained and skilled in public
  944  health, community health, or school health education to
  945  facilitate the operation of the program Health screening;
  946         2. Community input into the planning, implementation, and
  947  evaluation processes Risk factor detection;
  948         3. Use of public health data to make decisions and to
  949  develop and prioritize community-based interventions focusing on
  950  chronic diseases and their risk factors; Appropriate
  951  intervention to enable and encourage changes in behaviors that
  952  create health risks; and
  953         4. Adherence to a population-based approach by using a
  954  socioecological model that addresses the influence on individual
  955  behavior, interpersonal behavior, organizational behavior, the
  956  community, and public policy; Counseling in nutrition, physical
  957  activity, the effects of tobacco use, hypertension, blood
  958  pressure control, and diabetes control and the provision of
  959  other clinical prevention services.
  960         5.Focus on at least the common preventable risk factors
  961  for chronic disease, such as physical inactivity, obesity, poor
  962  nutrition, and tobacco use;
  963         6.Focus on developing and implementing interventions and
  964  activities through communities, schools, worksites, faith-based
  965  organizations, and health-care settings;
  966         7.Use of evidence-based interventions as well as best and
  967  promising practices to guide specific activities and effect
  968  change, which may include guidelines developed by organizations,
  969  volunteer scientists, and health care professionals who write
  970  published medical, scientific statements on various chronic
  971  disease topics. The statements must be supported by scientific
  972  studies published in recognized journals that have a rigorous
  973  review and approval process. Scientific statements generally
  974  include a review of data available on a specific subject and an
  975  evaluation of its relationship to overall chronic disease
  976  science;
  977         8.Use of policy, system, and environmental changes that
  978  support healthy behaviors so as to affect large segments of the
  979  population and encourage healthy choices;
  980         9.Development of extensive and comprehensive evaluation
  981  that is linked to program planning at the state level and the
  982  community level in order to determine the program’s
  983  effectiveness or necessary program modifications; and
  984         10.Reduction of duplication of efforts through
  985  coordination among appropriate entities for the efficient use of
  986  resources.
  987         (b) “Community Health education program” means a program
  988  that follows involving the planned and coordinated use of the
  989  educational standards and teaching methods resources available
  990  in a community in an effort to provide:
  991         1.Appropriate medical, research-based interventions to
  992  enable and encourage changes in behaviors which reduce or
  993  eliminate health risks;
  994         2.Counseling in nutrition, weight management, physical
  995  inactivity, and tobacco-use prevention and cessation strategies;
  996  hypertension, blood pressure, high cholesterol, and diabetes
  997  control; and other clinical prevention services;
  998         3.1.Motivation and assistance to individuals or groups in
  999  adopting and maintaining Motivate and assist citizens to adopt
 1000  and maintain healthful practices and lifestyles; and
 1001         4.2.Make available Learning opportunities that which will
 1002  increase the ability of people to make informed decisions
 1003  affecting their personal, family, and community well-being and
 1004  that which are designed to facilitate voluntary adoption of
 1005  behavior that which will improve or maintain health.;
 1006         3.Reduce, through coordination among appropriate agencies,
 1007  duplication of health education efforts; and
 1008         4.Facilitate collaboration among appropriate agencies for
 1009  efficient use of scarce resources.
 1010         (c) “Community intervention program” means a program
 1011  combining the required elements of a chronic disease prevention
 1012  and health promotion control program and the principles of a
 1013  community health education program that addresses system,
 1014  policy, and environmental changes that ensure that communities
 1015  provide support for healthy lifestyles into a unified program
 1016  over which a single administrative entity has authority and
 1017  responsibility.
 1018         (d)“Department” means the Department of Health.
 1019         (e)“Risk factor” means a factor identified during the
 1020  course of an epidemiological study of a disease, which factor
 1021  appears to be statistically associated with a high incidence of
 1022  that disease.
 1023         (2) OPERATION OF COMMUNITY-LEVEL COMMUNITY INTERVENTION
 1024  PROGRAMS.—
 1025         (a) The department shall develop and implement a
 1026  comprehensive, community-based program for chronic disease
 1027  prevention and health promotion. The program shall be designed
 1028  to reduce major behavioral risk factors that are associated with
 1029  chronic diseases by enhancing the knowledge, skills, motivation,
 1030  and opportunities for individuals, organizations, health care
 1031  providers, small businesses, health insurers, and communities to
 1032  develop and maintain healthy lifestyles. The department shall
 1033  assist the county health departments in developing and operating
 1034  community intervention programs throughout the state. At a
 1035  minimum, the community intervention programs shall address one
 1036  to three of the following chronic diseases: cancer, diabetes,
 1037  heart disease, stroke, hypertension, renal disease, and chronic
 1038  obstructive lung disease.
 1039         (b) The program shall include:
 1040         1.Countywide assessments of specific, causal, and
 1041  behavioral risk factors that affect the health of residents;
 1042         2.The development of community-based programs for chronic
 1043  disease prevention and health promotion which incorporate health
 1044  promotion and preventive care practices that are supported in
 1045  scientific and medical literature;
 1046         3.The development and implementation of statewide age
 1047  specific, disease-specific, and community-specific health
 1048  promotion and preventive care strategies using primary,
 1049  secondary, and tertiary prevention interventions;
 1050         4.The promotion of community, research-based health
 1051  promotion model programs that meet specific criteria, address
 1052  major risk factors, and motivate individuals to permanently
 1053  adopt healthy behaviors and increase social and personal
 1054  responsibilities;
 1055         5.The development of policies that encourage the use of
 1056  alternative community delivery sites for health promotion,
 1057  disease prevention, and preventive care programs and promote the
 1058  use of neighborhood delivery sites that are close to work, home,
 1059  and school; and
 1060         6.An emphasis on the importance of healthy and physically
 1061  active lifestyles to build self-esteem and reduce morbidity and
 1062  mortality associated with chronic disease and being overweight
 1063  or obese. Existing community resources, when available, shall be
 1064  used to support the programs. The department shall seek funding
 1065  for the programs from federal and state financial assistance
 1066  programs which presently exist or which may be hereafter
 1067  created. Additional services, as appropriate, may be
 1068  incorporated into a program to the extent that resources are
 1069  available. The department may accept gifts and grants in order
 1070  to carry out a program.
 1071         (c)Volunteers shall be used to the maximum extent possible
 1072  in carrying out the programs. The department shall contract for
 1073  the necessary insurance coverage to protect volunteers from
 1074  personal liability while acting within the scope of their
 1075  volunteer assignments under a program.
 1076         (d)The department may contract for the provision of all or
 1077  any portion of the services required by a program, and shall so
 1078  contract whenever the services so provided are more cost
 1079  efficient than those provided by the department.
 1080         (e)If the department determines that it is necessary for
 1081  clients to help pay for services provided by a program, the
 1082  department may require clients to make contribution therefor in
 1083  either money or personal services. The amount of money or value
 1084  of the personal services shall be fixed according to a fee
 1085  schedule established by the department or by the entity
 1086  developing the program. In establishing the fee schedule, the
 1087  department or the entity developing the program shall take into
 1088  account the expenses and resources of a client and his or her
 1089  overall ability to pay for the services.
 1090         Section 22. Section 385.105, Florida Statutes, is created
 1091  to read:
 1092         385.105Physical activity, obesity prevention, nutrition,
 1093  other health-promotion services, and wellness programs.—
 1094         (1)PHYSICAL ACTIVITY—.
 1095         (a)The department shall develop programs for people at
 1096  every stage of their lives to increase physical fitness and
 1097  promote behavior changes.
 1098         (b)The department shall work with school health advisory
 1099  or wellness committees in each school district as established in
 1100  s. 381.0056.
 1101         (c)The department shall develop public and private
 1102  partnerships that allow the public to easily access recreational
 1103  facilities and public land areas that are suitable for physical
 1104  activity.
 1105         (d)The department shall work in collaboration with the
 1106  Executive Office of the Governor and Volunteer Florida, Inc., to
 1107  promote school initiatives, such as the Governor’s Fitness
 1108  Challenge.
 1109         (e)The department shall collaborate with the Department of
 1110  Education in recognizing nationally accepted best practices for
 1111  improving physical education in schools.
 1112         (2)OBESITY PREVENTION.—The department shall promote
 1113  healthy lifestyles to reduce the prevalence of excess weight
 1114  gain and being overweight or obese through programs that are
 1115  directed towards all residents of this state by:
 1116         (a)Using all appropriate media to promote maximum public
 1117  awareness of the latest research on healthy lifestyles and
 1118  chronic diseases and disseminating relevant information through
 1119  a statewide clearinghouse relating to wellness, physical
 1120  activity, and nutrition and the effect of these factors on
 1121  chronic diseases and disabling conditions.
 1122         (b)Providing technical assistance, training, and resources
 1123  on healthy lifestyles and chronic diseases to the public, health
 1124  care providers, school districts, and other persons or entities,
 1125  including faith-based organizations that request such assistance
 1126  to promote physical activity, nutrition, and healthy lifestyle
 1127  programs.
 1128         (c)Developing, implementing, and using all available
 1129  research methods to collect data, including, but not limited to,
 1130  population-specific data, and tracking the incidence and effects
 1131  of weight gain, obesity, and related chronic diseases. The
 1132  department shall include an evaluation and data-collection
 1133  component in all programs as appropriate. All research conducted
 1134  under this paragraph is subject to review and approval as
 1135  required by the department’s institutional review board under s.
 1136  381.86.
 1137         (d)Entering into partnerships with the Department of
 1138  Education, local communities, school districts, and other
 1139  entities to encourage schools in this state to promote
 1140  activities during and after school to help students meet a
 1141  minimum goal of 30 minutes of physical activity or physical
 1142  fitness per day.
 1143         (e)Entering into partnerships with the Department of
 1144  Education, school districts, and the Florida Sports Foundation
 1145  to develop a program recognizing the schools at which students
 1146  demonstrate excellent physical fitness or fitness improvement.
 1147         (f)Collaborating with other state agencies to develop
 1148  policies and strategies for preventing and treating obesity,
 1149  which shall be incorporated into programs administered by each
 1150  agency and shall include promoting healthy lifestyles of
 1151  employees of each agency.
 1152         (g)Advising, in accordance with s. 456.081, health care
 1153  practitioners about the morbidity, mortality, and costs
 1154  associated with being overweight or obese, informing such
 1155  practitioners of promising clinical practices for preventing and
 1156  treating obesity, and encouraging practitioners to counsel their
 1157  patients regarding the adoption of healthy lifestyles.
 1158         (h)Maximizing all local, state, and federal funding
 1159  sources, including grants, public-private partnerships, and
 1160  other mechanisms to strengthen the department’s programs
 1161  promoting physical activity and nutrition.
 1162         (3)NUTRITION.—The department shall promote optimal
 1163  nutritional status in all stages of people’s lives by developing
 1164  strategies to:
 1165         (a)Promote and maintain optimal nutritional status in the
 1166  population through activities, including, but not limited to:
 1167         1.Nutrition screening and assessment and nutrition
 1168  counseling, including nutrition therapy, followup, case
 1169  management, and referrals for persons who have medical
 1170  conditions or nutrition-risk factors and who are provided health
 1171  services through public health programs or through referrals
 1172  from private health care providers or facilities;
 1173         2.Nutrition education to assist residents of the state in
 1174  achieving optimal health and preventing chronic disease; and
 1175         3.Consultative nutrition services to group facilities
 1176  which promote the provision of safe and nutritionally adequate
 1177  diets.
 1178         (b)Monitor and conduct surveillance of the nutritional
 1179  status of this state’s population.
 1180         (c)Conduct or support research or evaluations related to
 1181  public health nutrition. All research conducted under this
 1182  paragraph is subject to review and approval as required by the
 1183  department’s institutional review board under s. 381.86.
 1184         (d)Establish policies and standards for public health
 1185  nutrition practices.
 1186         (e)Promote interagency cooperation, professional
 1187  education, and consultation.
 1188         (f)Provide technical assistance and advise state agencies,
 1189  private institutions, and local organizations regarding public
 1190  health nutrition standards.
 1191         (g)Work with the Department of Agriculture and Consumer
 1192  Services, the Department of Education, and the Department of
 1193  Management Services to further the use of fresh produce from
 1194  this state in schools and encourage the development of community
 1195  gardens. Nutritional services shall be available to eligible
 1196  persons in accordance with eligibility criteria adopted by the
 1197  department. The department shall provide by rule requirements
 1198  for the service fees, when applicable, which may not exceed the
 1199  department’s actual costs.
 1200  
 1201  The department may adopt rules to administer this subsection.
 1202         (4)OTHER HEALTH-PROMOTION SERVICES.—
 1203         (a)The department shall promote personal responsibility by
 1204  encouraging residents of this state to be informed, follow
 1205  health recommendations, seek medical consultations and health
 1206  assessments, take healthy precautions, and comply with medical
 1207  guidelines, including those that lead to earlier detection of
 1208  chronic diseases in order to prevent chronic diseases or slow
 1209  the progression of established chronic diseases.
 1210         (b)The department shall promote regular health visits
 1211  during a person’s lifetime, including annual physical
 1212  examinations that include measuring body mass index and vital
 1213  signs, blood work, immunizations, screenings, and dental
 1214  examinations in order to reduce the financial, social, and
 1215  personal burden of chronic disease.
 1216         (5)WELLNESS PROGRAMS.—
 1217         (a)Each state agency may conduct employee wellness
 1218  programs in buildings and lands owned or leased by the state.
 1219  The department shall serve as a model to develop and implement
 1220  employee wellness programs that may include physical fitness,
 1221  healthy nutrition, self-management of disease, education, and
 1222  behavioral change. The department shall assist other state
 1223  agencies to develop and implement employee wellness programs.
 1224  These programs shall use existing resources, facilities, and
 1225  programs or resources procured through grant funding and
 1226  donations that are obtained in accordance with state ethics and
 1227  procurement policies, and that provide equal access to such
 1228  programs, resources, and facilities to all state employees.
 1229         (b)The department shall coordinate its efforts with the
 1230  Department of Management Services and other state agencies.
 1231         (c)Each agency may establish an employee wellness work
 1232  group to design the program. The department shall be available
 1233  to provide policy guidance and assist in identifying effective
 1234  wellness program strategies.
 1235         (d)The department shall provide by rule requirements for
 1236  nominal participation fees, when applicable, which may not
 1237  exceed the department’s actual costs; collaborations with
 1238  businesses; and the procurement of equipment and incentives.
 1239         Section 23. Section 385.202, Florida Statutes, is amended
 1240  to read:
 1241         385.202 Statewide cancer registry.—
 1242         (1) Each facility, laboratory, or practitioner licensed
 1243  under chapter 395, chapter 458, chapter 459, chapter 464,
 1244  chapter 483, and each freestanding radiation therapy center as
 1245  defined in s. 408.07, shall report to the department of Health
 1246  such information, specified by the department, by rule. The
 1247  department may adopt rules regarding reporting requirements for
 1248  the cancer registry, which include the data required, the
 1249  timeframe for reporting, and the professionals who are
 1250  responsible for ensuring compliance with reporting requirements,
 1251  which indicates diagnosis, stage of disease, medical history,
 1252  laboratory data, tissue diagnosis, and radiation, surgical, or
 1253  other methods of diagnosis or treatment for each cancer
 1254  diagnosed or treated by the facility or center. Failure to
 1255  comply with this requirement may be cause for registration or
 1256  licensure suspension or revocation.
 1257         (2) The department shall establish, or cause to have
 1258  established, by contract with a recognized medical organization
 1259  in this state and its affiliated institutions, a statewide
 1260  cancer registry program to ensure that cancer reports required
 1261  under this section shall be maintained and available for use in
 1262  the course of public health surveillance and any study for the
 1263  purpose of reducing morbidity or mortality.; and No liability of
 1264  any kind or character for damages or other relief shall arise or
 1265  be enforced against any facility or practitioner hospital by
 1266  reason of having provided such information or material to the
 1267  department.
 1268         (3)The department may adopt rules regarding the
 1269  establishment and operation of a statewide cancer registry
 1270  program.
 1271         (4)(3) The department or a contractual designee operating
 1272  the statewide cancer registry program required by this section
 1273  shall use or publish said material only for the purpose of
 1274  public health surveillance and advancing medical research or
 1275  medical education in the interest of reducing morbidity or
 1276  mortality, except that a summary of such studies may be released
 1277  for general publication. Information which discloses or could
 1278  lead to the disclosure of the identity of any person whose
 1279  condition or treatment has been reported and studied is shall be
 1280  confidential and exempt from the provisions of s. 119.07(1),
 1281  except that:
 1282         (a) Release may be made with the written consent of all
 1283  persons to whom the information applies;
 1284         (b) The department or a contractual designee may contact
 1285  individuals for the purpose of epidemiologic investigation and
 1286  monitoring, if provided information that is confidential under
 1287  this section is not further disclosed; or
 1288         (c) The department may exchange personal data with any
 1289  other governmental agency or a contractual designee for the
 1290  purpose of public health surveillance and medical or scientific
 1291  research, if provided such governmental agency or contractual
 1292  designee does shall not further disclose information that is
 1293  confidential under this section.
 1294         (5)(4) Funds appropriated for this section shall be used
 1295  for establishing, administering, compiling, processing, and
 1296  providing biometric and statistical analyses to the reporting
 1297  facilities and practitioners. Funds may also be used to ensure
 1298  the quality and accuracy of the information reported and to
 1299  provide management information to the reporting facilities and
 1300  practitioners.
 1301         (6)(5) The department may adopt rules regarding the
 1302  classifications of, by rule, classify facilities that are
 1303  responsible for making reports to the cancer registry, the
 1304  content and frequency of the reports, and the penalty for
 1305  failure to comply with these requirements for purposes of
 1306  reports made to the cancer registry and specify the content and
 1307  frequency of the reports. In classifying facilities, the
 1308  department shall exempt certain facilities from reporting cancer
 1309  information that was previously reported to the department or
 1310  retrieved from existing state reports made to the department or
 1311  the Agency for Health Care Administration. The provisions of
 1312  This section does shall not apply to any facility whose primary
 1313  function is to provide psychiatric care to its patients.
 1314         (7)Notwithstanding subsection (1), each facility and
 1315  practitioner that reports cancer cases to the department shall
 1316  make their records available for onsite review by the department
 1317  or its authorized representative.
 1318         Section 24. Subsection (3) of section 385.203, Florida
 1319  Statutes, is amended to read:
 1320         385.203 Diabetes Advisory Council; creation; function;
 1321  membership.—
 1322         (3) The council shall be composed of 26 residents 25
 1323  citizens of the state who have knowledge of, or work in, the
 1324  area of diabetes mellitus as follows:
 1325         (a) Five interested residents citizens, three of whom are
 1326  affected by diabetes.
 1327         (b) Twenty-one Twenty members, who must include one
 1328  representative from each of the following areas: nursing with
 1329  diabetes-educator certification; dietary with diabetes educator
 1330  certification; podiatry; ophthalmology or optometry; psychology;
 1331  pharmacy; adult endocrinology; pediatric endocrinology; the
 1332  American Diabetes Association (ADA); the Juvenile Diabetes
 1333  Foundation (JDF); the Florida Academy of Family Physicians; a
 1334  community health center; a county health department; an American
 1335  Diabetes Association recognized community education program;
 1336  each medical school in the state; an osteopathic medical school;
 1337  the insurance industry; a Children’s Medical Services diabetes
 1338  regional program; and an employer.
 1339         (c) One or more representatives from the Department of
 1340  Health, who shall serve on the council as ex officio members.
 1341         Section 25. Section 385.206, Florida Statutes, is amended
 1342  to read:
 1343         385.206 Pediatric Hematology-Oncology care Center Program.—
 1344         (1) DEFINITIONS.—As used in this section, the term:
 1345         (a)“Department” means the Department of Health.
 1346         (a)(b) “Hematology” means the study, diagnosis, and
 1347  treatment of blood and blood-forming tissues.
 1348         (b)(c) “Oncology” means the study, diagnosis, and treatment
 1349  of malignant neoplasms or cancer.
 1350         (c)(d) “Hemophilia” or “other hemostatic disorder” means a
 1351  bleeding disorder resulting from a genetic abnormality of
 1352  mechanisms related to the control of bleeding.
 1353         (d)(e) “Sickle-cell anemia or other hemoglobinopathy” means
 1354  an hereditary, chronic disease caused by an abnormal type of
 1355  hemoglobin.
 1356         (e)(f) “Patient” means a person under the age of 21 who is
 1357  in need of hematologic-oncologic services and who is enrolled in
 1358  the Children’s Medical Services Network declared medically and
 1359  financially eligible by the department; or a person who received
 1360  such services prior to age 21 and who requires long-term
 1361  monitoring and evaluation to ascertain the sequelae and the
 1362  effectiveness of treatment.
 1363         (f)(g) “Center” means a facility designated by the
 1364  department as having a program specifically designed to provide
 1365  a full range of medical and specialty services to patients with
 1366  hematologic and oncologic disorders.
 1367         (2) PEDIATRIC HEMATOLOGY-ONCOLOGY CARE CENTER PROGRAM;
 1368  AUTHORITY.—The department may designate is authorized to make
 1369  grants and reimbursements to designated centers and provide
 1370  funding to establish and maintain programs for the care of
 1371  patients with hematologic and oncologic disorders. Program
 1372  administration costs shall be paid by the department from funds
 1373  appropriated for this purpose.
 1374         (3) GRANT FUNDING CONTRACTS GRANT AGREEMENTS; CONDITIONS.—
 1375         (a)Funding provided A grant made under this section shall
 1376  be pursuant to a contract contractual agreement made between a
 1377  center and the department. Each contract must agreement shall
 1378  provide that patients will receive services specified types of
 1379  treatment and care from the center without additional charge to
 1380  the patients or their parents or guardians. Grants shall be
 1381  disbursed in accordance with conditions set forth in the
 1382  disbursement guidelines.
 1383         (4)GRANT DISBURSEMENTS AND SPECIAL DISBURSEMENTS FOR LOCAL
 1384  PROGRAMS.—
 1385         (b)(a)Funding may be provided Grant disbursements may be
 1386  made to centers that which meet the following criteria:
 1387         1. The personnel includes shall include at least one board
 1388  certified pediatric hematologist-oncologist, at least one board
 1389  certified pediatric surgeon, at least one board-certified
 1390  radiotherapist, and at least one board-certified pathologist.
 1391         2. As approved by the department, The center shall actively
 1392  participates participate in a national children’s cancer study
 1393  group, maintains maintain a pediatric tumor registry, has have a
 1394  multidisciplinary pediatric tumor board, and meets meet other
 1395  guidelines for development, including, but not limited to,
 1396  guidelines from such organizations as the American Academy of
 1397  Pediatrics and the American Pediatric Surgical Association.
 1398         (b)Programs shall also be established to provide care to
 1399  hematology-oncology patients within each district of the
 1400  department. The guidelines for local programs shall be
 1401  formulated by the department. Special disbursements may be made
 1402  by the program office to centers for educational programs
 1403  designed for the districts of the department. These programs may
 1404  include teaching total supportive care of the dying patient and
 1405  his or her family, home therapy to hemophiliacs and patients
 1406  with other hemostatic disorders, and screening and counseling
 1407  for patients with sickle-cell anemia or other
 1408  hemoglobinopathies.
 1409         (4)(5) PROGRAM AND PEER REVIEW.—The department shall
 1410  evaluate at least annually during the grant period the services
 1411  rendered by the centers and the districts of the department.
 1412  Data from the centers and other sources relating to pediatric
 1413  cancer shall be reviewed annually by the Florida Association of
 1414  Pediatric Tumor Programs, Inc.,; and a written report with
 1415  recommendations shall be made to the department. This database
 1416  must will be available to the department for program planning
 1417  and quality assurance initiatives formulation of its annual
 1418  program and financial evaluation report. A portion of the funds
 1419  appropriated for this section may be used to provide statewide
 1420  consultation, supervision, and evaluation of the programs of the
 1421  centers, as well as central program office support personnel.
 1422         Section 26. Paragraph (g) of subsection (2) and subsection
 1423  (7) of section 385.207, Florida Statutes, are amended to read:
 1424         385.207 Care and assistance of persons with epilepsy;
 1425  establishment of programs in epilepsy control.—
 1426         (2) The department of Health shall:
 1427         (g) Continue current programs and develop cooperative
 1428  programs and services designed to enhance the vocational
 1429  rehabilitation of epilepsy clients, including the current jobs
 1430  programs. The department shall, as part of its contract with a
 1431  provider of epilepsy services, collect information regarding the
 1432  number of clients served, the outcomes reached, the expenses
 1433  incurred, and the fees collected by such providers for the
 1434  provision of services keep and make this information available
 1435  to the Governor and the Legislature upon request information
 1436  regarding the number of clients served, the outcome reached, and
 1437  the expense incurred by such programs and services.
 1438         (7)The department shall limit total administrative
 1439  expenditures from the Epilepsy Services Trust Fund to 5 percent
 1440  of annual receipts.
 1441         Section 27. Paragraphs (b), (d), and (g) of subsection (2)
 1442  and paragraph (b) of subsection (5) of section 385.210, Florida
 1443  Statutes, are amended to read:
 1444         385.210 Arthritis prevention and education.—
 1445         (2) LEGISLATIVE FINDINGS.—The Legislature finds the
 1446  following:
 1447         (b) Arthritis is the leading cause of disability in the
 1448  United States, limiting daily activities for more than 19 7
 1449  million citizens.
 1450         (d) There are enormous economic and social costs associated
 1451  with treating arthritis and its complications; the economic
 1452  costs are estimated at over $128 billion (2003) $116 billion
 1453  (1997) annually in the United States.
 1454         (g) The National Arthritis Foundation, the Centers for
 1455  Disease Control and Prevention, and the Association of State and
 1456  Territorial Health Officials have led the development of a
 1457  public health strategy, the National Arthritis Action Plan, to
 1458  respond to this challenge.
 1459         (5) FUNDING.—
 1460         (b) The State Surgeon General may shall seek any federal
 1461  waiver or waivers that may be necessary to maximize funds from
 1462  the Federal Government to implement this program.
 1463         Section 28. Section 385.301, Florida Statutes, is created
 1464  to read:
 1465         385.301Rulemaking authority.—The department may adopt
 1466  rules to administer this chapter.
 1467         Section 29. Section 385.401, Florida Statutes, is created
 1468  to read:
 1469         385.401Direct-support organization.—
 1470         (1)DIRECT-SUPPORT ORGANIZATION ESTABLISHED.—The department
 1471  may establish a direct-support organization to provide
 1472  assistance, funding, and support for the department in carrying
 1473  out its mission upon written approval by the State Surgeon
 1474  General. This section governs the creation, use, powers, and
 1475  duties of the direct-support organization.
 1476         (2)DEFINITION.—As used in this section, the term “direct
 1477  support organization” means an organization that is:
 1478         (a)A Florida corporation, not for profit, incorporated
 1479  under chapter 617, exempted from filing fees, and approved by
 1480  the Department of State;
 1481         (b)Organized and operated to conduct programs and
 1482  activities; to initiate developmental projects; to raise funds;
 1483  to request and receive grants, gifts, and bequests of moneys; to
 1484  acquire, receive, hold, invest, and administer in its own name
 1485  securities, funds, or property; and to make expenditures to or
 1486  for the direct or indirect benefit of the state public health
 1487  system through the department or its individual county health
 1488  departments;
 1489         (c)Determined by the department to be operating in a
 1490  manner consistent with the priority issues and objectives of the
 1491  department and in the best interest of the state; and
 1492         (d)Approved in writing by the State Surgeon General to
 1493  operate for the direct or indirect benefit of the department or
 1494  its individual county health departments. This approval shall be
 1495  in a form determined by the department.
 1496         (3)BOARD OF DIRECTORS.—The direct-support organization
 1497  shall be governed by a board of directors.
 1498         (a)The board of directors shall consist of at least seven
 1499  members appointed by the State Surgeon General. Networks and
 1500  partnerships in this state which are involved in issues related
 1501  to public health may recommend nominees to the State Surgeon
 1502  General.
 1503         (b)The term of office of the board members shall be 3
 1504  years, except that the terms of the initial appointees shall be
 1505  for 1 year, 2 years, or 3 years in order to achieve staggered
 1506  terms. A member may be reappointed when his or her term expires.
 1507  The State Surgeon General or his or her designee shall serve as
 1508  an ex officio member of the board.
 1509         (c)Members must be current residents of this state. A
 1510  majority of the board members must be highly knowledgeable about
 1511  the department, its service personnel, and its missions. The
 1512  board must include members from county government, the health
 1513  care industry, the medical community, and other components of
 1514  the public health system. The State Surgeon General may remove
 1515  any member of the board for cause and with the approval of a
 1516  majority of the members. The State Surgeon General shall appoint
 1517  a replacement for any vacancy that occurs.
 1518         (4)USE OF PROPERTY.—
 1519         (a)The department and each county health department may
 1520  allow, without charge, the use of the department’s fixed
 1521  property and facilities within the state public health system by
 1522  the direct-support organization, subject to this section. Use of
 1523  the fixed property and facilities by the direct support
 1524  organization may not interfere with use of the fixed property
 1525  and facilities by the department’s clients or staff.
 1526         (b)The department may not allow the use of its fixed
 1527  property and facilities by a direct-support organization that is
 1528  organized under this section and does not provide equal
 1529  employment opportunities to all persons regardless of race,
 1530  color, national origin, gender, age, or religion.
 1531         (5)DIRECTIVES.—The direct-support organization must comply
 1532  with directives and requirements established by the sources of
 1533  its funding.
 1534         (6)ANNUAL BUDGETS AND REPORTS.—
 1535         (a)The fiscal year of the direct-support organization
 1536  begins on July 1 of each year and end on June 30 of the
 1537  following year.
 1538         (b)The direct-support organization shall submit to the
 1539  department its federal Internal Revenue Service Application for
 1540  Recognition of Exemption form and its federal Internal Revenue
 1541  Service Return of Organization Exempt from Income Tax form.
 1542         (7)ANNUAL AUDIT.—The direct-support organization shall
 1543  provide for an annual financial audit in accordance with s.
 1544  215.981.
 1545         Section 30. Subsection (9) of section 409.904, Florida
 1546  Statutes, is amended to read:
 1547         409.904 Optional payments for eligible persons.—The agency
 1548  may make payments for medical assistance and related services on
 1549  behalf of the following persons who are determined to be
 1550  eligible subject to the income, assets, and categorical
 1551  eligibility tests set forth in federal and state law. Payment on
 1552  behalf of these Medicaid eligible persons is subject to the
 1553  availability of moneys and any limitations established by the
 1554  General Appropriations Act or chapter 216.
 1555         (9) Eligible women with incomes at or below 200 percent of
 1556  the federal poverty level and under age 65, for cancer treatment
 1557  pursuant to the federal Breast and Cervical Cancer Prevention
 1558  and Treatment Act of 2000, screened through the Mary Brogan
 1559  Breast and Cervical Cancer Early Detection Program established
 1560  under s. 385.2021 s. 381.93.
 1561         Section 31. The Pharmacy and Therapeutic Advisory Council.—
 1562         (1)The Pharmacy and Therapeutic Advisory Council is
 1563  created within the Executive Office of the Governor to serve in
 1564  an advisory capacity to the Department of Health and other
 1565  governmental agencies. The council may not interfere with
 1566  existing mandated Medicaid services and may not develop or
 1567  implement new ones. Specifically, the council may not interfere
 1568  with the work of the Agency for Health Care Administration as it
 1569  complies with federal and state statutory obligations to develop
 1570  a preferred drug list, to negotiate rebate agreements for
 1571  medications included in the preferred drug list, and to protect
 1572  the confidentiality of rebate agreements. The council may not
 1573  interfere with the Medicaid Pharmacy and Therapeutics Committee
 1574  or the Drug Utilization Review Board, which oversee clinical
 1575  activities within the Bureau of Pharmacy Services if such
 1576  interference would violate any federal or state statutory
 1577  obligations.
 1578         (2)The Pharmacy and Therapeutic Advisory Council shall use
 1579  Medicaid processes within the existing Medicaid structure of the
 1580  Agency for Health Care Administration as a guide for assisting
 1581  state agencies in:
 1582         (a)Developing an unbiased clinical perspective on drug
 1583  evaluations and utilization protocols that are relevant to
 1584  patient care provided through programs administered by state
 1585  agencies.
 1586         (b)Developing drug-utilization-review processes that are
 1587  relevant to the agencies and those receiving care through
 1588  programs administered by the agencies.
 1589         (c)Building a formulary structure that enforces formulary
 1590  compliance or adherence within each agency.
 1591         (d)Performing pharmacoeconomic analyses on formulary
 1592  management so that the state maximizes the cost-effectiveness of
 1593  its pharmaceutical purchasing.
 1594         (e)Reviewing new and existing therapies using criteria
 1595  established for efficacy, safety, and quality in order to
 1596  maximize cost-effective purchasing.
 1597         (f)Reviewing state agency proposals to maximize the cost
 1598  effectiveness of pharmaceutical purchasing in compliance with s.
 1599  381.0203.
 1600         (3) The council shall verify the cost-effectiveness and
 1601  clinical efficacy of any state contracts under s. 381.0203(1),
 1602  Florida Statutes, at least once every 2 years.
 1603         (4)The members of the council and the chair shall be
 1604  appointed by the Governor to 4-year staggered terms or until
 1605  their successors are appointed. Members may be appointed to more
 1606  than one term. The Governor shall fill any vacancies for the
 1607  remainder of the unexpired term in the same manner as the
 1608  original appointment.
 1609         (5)The council shall include voting and nonvoting members,
 1610  and the chair, who is a voting member, must be a pharmacist
 1611  employed by a state agency.
 1612         (a)The voting members shall represent:
 1613         1.The Agency for Health Care Administration.
 1614         2.The Agency for Persons with Disabilities.
 1615         3.The Department of Children and Family Services.
 1616         4.The Department of Corrections.
 1617         5.The Department of Elderly Affairs.
 1618         6.The Department of Health.
 1619         7.The Department of Juvenile Justice.
 1620         8.The Bureau of Pharmacy Services within the Agency for
 1621  Health Care Administration, which shall be represented by the
 1622  bureau chief.
 1623         9.The Bureau of Statewide Pharmaceutical Services within
 1624  the Department of Health, which shall be represented by the
 1625  bureau chief.
 1626         (b)The nonvoting members shall be:
 1627         1.A representative from the Agency for Health Care
 1628  Administration’s drug contracting program.
 1629         2.The contracting officer for the Department of Health’s
 1630  drug procurement program.
 1631         3.A clinical pharmacy program manager from the Agency for
 1632  Health Care Administration.
 1633         4.The chair of the Department of Health’s Pharmacy and
 1634  Therapeutics Committee.
 1635         5.The general counsel for the Agency for Health Care
 1636  Administration or his or her designee.
 1637         6.The general counsel for a state agency in the executive
 1638  branch of state government, or his or her designee.
 1639         7.A representative from the Executive Office of the
 1640  Governor.
 1641         8.The statewide pharmacy director of the Department of
 1642  Corrections’ Office of Health Services.
 1643         (6)Members of the council shall consist of at least one
 1644  physician licensed under chapter 458 or chapter 459, Florida
 1645  Statutes, at least one pharmacist licensed under chapter 465,
 1646  Florida Statutes, and at least one registered nurse licensed
 1647  under chapter 464, Florida Statutes. Each member designated in
 1648  this subsection must have an active license in his or her
 1649  profession and may not have been the subject of any agency
 1650  disciplinary action.
 1651         (7)Members, who must be residents of this state, shall be
 1652  selected on the basis of specialty, board certification, prior
 1653  pharmacy and therapeutic experience, experience treating medical
 1654  assistance recipients, ability to represent a broad base of
 1655  constituents, and number of years of practice. Members must not
 1656  have any conflicts of interest due to their service on the
 1657  council.
 1658         (8)The council may request the participation of additional
 1659  subject-matter experts to address specific drug, therapeutic, or
 1660  drug-procurement issues under review by the council.
 1661         (9)A majority of the members of the council constitutes a
 1662  quorum, and an affirmative vote of a majority of the voting
 1663  members is necessary to take action.
 1664         (10)The council shall meet quarterly or at the call of the
 1665  chair.
 1666         (11)The council shall be staffed by the chair’s department
 1667  or agency.
 1668         (12)The council members shall serve without compensation,
 1669  but are entitled to reimbursement for travel and per diem
 1670  expenses incurred in the performance of their duties in
 1671  accordance with s. 112.061, Florida Statutes.
 1672         Section 32. Paragraph (g) is added to subsection (53) of
 1673  section 499.003, Florida Statutes, to read:
 1674         499.003 Definitions of terms used in this part.—As used in
 1675  this part, the term:
 1676         (53) “Wholesale distribution” means distribution of
 1677  prescription drugs to persons other than a consumer or patient,
 1678  but does not include:
 1679         (g)The sale, purchase, trade, or transfer of a
 1680  prescription drug among agencies and health care entities of the
 1681  state to complete the dispensing of the prescription drug to a
 1682  patient under the care of a state agency or health care entity,
 1683  or to a patient for whom the state is responsible for providing
 1684  or arranging health care services. The agency or health care
 1685  entity that received the prescription drug on behalf of the
 1686  patient is deemed the patient’s agent under s. 465.003(6).
 1687  Section 33. This act shall take effect July 1, 2009.
 1688  
 1689  ================= T I T L E  A M E N D M E N T ================
 1690         And the title is amended as follows:
 1691         Delete everything before the enacting clause
 1692  and insert:
 1693                        A bill to be entitled                      
 1694         An act relating to health care; amending s. 154.503,
 1695         F.S.; conforming a cross-reference; repealing s.
 1696         381.0053, F.S., relating to a comprehensive nutrition
 1697         program; repealing s. 381.0054, F.S., relating to
 1698         healthy lifestyles promotion; repealing ss. 381.732,
 1699         381.733, and 381.734, F.S., relating to the Healthy
 1700         Communities, Healthy People Act; amending s. 381.006,
 1701         F.S.; requiring the Department of Health, when
 1702         conducting an environmental health program inspection
 1703         of a certified domestic violence center to limit the
 1704         inspection of the domestic violence center to the
 1705         requirements set forth in the department’s rules
 1706         applicable to community-based residential facilities
 1707         with five or fewer residents; amending s. 381.0072,
 1708         F.S.; requiring the department, when conducting a food
 1709         service inspection of a certified domestic violence
 1710         center to limit the inspection of the domestic
 1711         violence center to the requirements set forth in the
 1712         department’s rules applicable to community-based
 1713         residential facilities with five or fewer residents;
 1714         amending s. 381.0203, F.S.; requiring certain state
 1715         agencies to purchase drugs through the statewide
 1716         purchasing contract administered by the department;
 1717         providing an exception; requiring the department to
 1718         establish and maintain certain pharmacy services
 1719         program; transferring, renumbering, and amending s.
 1720         381.84, F.S., relating to the Comprehensive Statewide
 1721         Tobacco Education and Use Prevention Program; revising
 1722         definitions; revising program components; requiring
 1723         program components to include efforts to educate youth
 1724         and their parents about tobacco use; requiring a
 1725         youth-directed focus in each program component;
 1726         requiring the Tobacco Education and Use Prevention
 1727         Advisory Council to adhere to state ethics laws;
 1728         providing that meetings of the council are subject to
 1729         public-records and public-meetings requirements;
 1730         revising the duties of the council; deleting a
 1731         provision that prohibits a member of the council from
 1732         participating in a discussion or decision with respect
 1733         to a research proposal by a firm, entity, or agency
 1734         with which the member is associated as a member of the
 1735         governing body or as an employee or with which the
 1736         member has entered into a contractual arrangement;
 1737         revising the submission date of an annual report;
 1738         deleting an expired provision relating to rulemaking
 1739         authority of the department; transferring and
 1740         renumbering s. 381.91, F.S., relating to the Jessie
 1741         Trice Cancer Prevention Program; transferring,
 1742         renumbering, and amending s. 381.911, F.S., relating
 1743         to the Prostate Cancer Awareness Program; revising the
 1744         criteria for members of the prostate cancer advisory
 1745         committee; repealing s. 381.912, F.S., relating to the
 1746         Cervical Cancer Elimination Task Force; transferring
 1747         and renumbering s. 381.92, F.S., relating to the
 1748         Florida Cancer Council; transferring and renumbering
 1749         s. 381.921, F.S., relating to the mission and duties
 1750         of the Florida Cancer Council; amending s. 381.922,
 1751         F.S.; conforming cross-references; transferring and
 1752         renumbering s. 381.93, F.S., relating to a breast and
 1753         cervical cancer early detection program; transferring
 1754         and renumbering s. 381.931, F.S., relating to an
 1755         annual report on Medicaid expenditures; renaming ch.
 1756         385, F.S., as the “Healthy and Fit Florida Act”;
 1757         amending s. 385.101, F.S.; renaming the “Chronic
 1758         Diseases Act” as the “Healthy and Fit Florida Act”;
 1759         amending s. 385.102, F.S.; revising legislative
 1760         intent; creating s. 385.1021, F.S.; providing
 1761         definitions; creating s. 385.1022, F.S.; requiring the
 1762         department to support public health programs to reduce
 1763         the incidence of mortality and morbidity from chronic
 1764         diseases; creating s. 385.1023, F.S.; requiring the
 1765         department to create state-level programs that address
 1766         the risk factors of certain chronic diseases;
 1767         providing required activities of the state-level
 1768         programs; amending s. 385.103, F.S.; providing for
 1769         community-level programs for the prevention of chronic
 1770         diseases; revising definitions; requiring the
 1771         department to develop and implement a community-based
 1772         chronic disease prevention and health promotion
 1773         program; providing the purpose of the program;
 1774         providing requirements for the program; creating s.
 1775         385.105, F.S.; requiring the department to develop
 1776         programs to increase physical fitness, to work with
 1777         school districts, to develop partnerships that allow
 1778         the public to access recreational facilities and
 1779         public land areas suitable for physical activity, to
 1780         work with the Executive Office of the Governor and
 1781         Volunteer Florida, Inc., to promote school
 1782         initiatives, and to collaborate with the Department of
 1783         Education in recognizing nationally accepted best
 1784         practices for improving physical education in schools;
 1785         requiring the Department of Health to promote healthy
 1786         lifestyles to reduce obesity; requiring the department
 1787         to promote optimal nutritional status in all stages of
 1788         people’s lives, personal responsibility to prevent
 1789         chronic disease or slow its progression, and regular
 1790         health visits during a person’s life span; authorizing
 1791         state agencies to conduct employee wellness programs;
 1792         requiring the department to serve as a model to
 1793         develop and implement employee wellness programs;
 1794         requiring the department to assist state agencies to
 1795         develop the employee wellness programs; providing
 1796         equal access to the programs by agency employees;
 1797         requiring the department to coordinate efforts with
 1798         the Department of Management Services and other state
 1799         agencies; authorizing each state agency to establish
 1800         an employee wellness work group to design the wellness
 1801         program; requiring the department to provide
 1802         requirements for participation fees, collaborations
 1803         with businesses, and procurement of equipment and
 1804         incentives; amending s. 385.202, F.S.; requiring
 1805         facilities, laboratories, and practitioners to report
 1806         information; authorizing the department to adopt rules
 1807         regarding reporting requirements for the cancer
 1808         registry; providing immunity from liability for
 1809         facilities and practitioners reporting certain
 1810         information; requiring the department to adopt rules
 1811         regarding the establishment and operation of a
 1812         statewide cancer registry program; requiring the
 1813         department or contractual designee operating the
 1814         statewide cancer registry program to use or publish
 1815         material only for the purpose of public health
 1816         surveillance and advancing medical research or medical
 1817         education in the interest of reducing morbidity or
 1818         mortality; authorizing the department to exchange
 1819         personal data with any agency or contractual designee
 1820         for the purpose of public health surveillance and
 1821         medical or scientific research under certain
 1822         circumstances; clarifying that the department may
 1823         adopt rules regarding the classifications of
 1824         facilities related to reports made to the cancer
 1825         registry; requiring each facility and practitioner
 1826         that reports cancer cases to the department to make
 1827         their records available for onsite review; amending s.
 1828         385.203, F.S.; increasing the size of the Diabetes
 1829         Advisory Council to include one representative of the
 1830         Florida Academy of Family Physicians; amending s.
 1831         385.206, F.S.; renaming the “hematology-oncology care
 1832         center program” as the “Pediatric Hematology-Oncology
 1833         Center Program”; revising definitions; authorizing the
 1834         department to designate centers and provide funding to
 1835         maintain programs for the care of patients with
 1836         hematologic and oncologic disorders; clarifying
 1837         provisions related to grant-funding agreements and
 1838         grant disbursements; revising the department’s
 1839         requirement to evaluate services rendered by the
 1840         centers; requiring data from the centers and other
 1841         sources relating to pediatric cancer to be available
 1842         to the department for program planning and quality
 1843         assurance initiatives; amending s. 385.207, F.S.;
 1844         clarifying provisions that require the department to
 1845         collect information regarding the number of clients
 1846         served, the outcomes reached, the expense incurred,
 1847         and fees collected by providers of epilepsy services;
 1848         deleting the provision that requires the department to
 1849         limit administrative expenses from the Epilepsy
 1850         Services Trust Fund to a certain percentage of annual
 1851         receipts; amending s. 385.210, F.S.; revising
 1852         legislative findings regarding the economic costs of
 1853         treating arthritis and its complications; authorizing
 1854         the State Surgeon General to seek any federal waivers
 1855         that may be necessary to maximize funds from the
 1856         Federal Government to implement the Arthritis
 1857         Prevention and Education Program; creating s. 385.301,
 1858         F.S.; authorizing the department to adopt rules to
 1859         administer the act; creating s. 385.401, F.S.;
 1860         authorizing the department to establish a direct
 1861         support organization; providing definitions; providing
 1862         for a board of directors; providing terms; providing
 1863         for membership; authorizing the department to allow
 1864         the direct-support organization to use the
 1865         department’s fixed property and facilities within the
 1866         state public health system; providing an exception;
 1867         requiring that the direct-support organization submit
 1868         certain federal forms to the department; requiring
 1869         that the direct-support organization provide an annual
 1870         financial audit; amending s. 409.904, F.S.; conforming
 1871         a cross-reference; creating the Pharmacy and
 1872         Therapeutic Advisory Council within the Executive
 1873         Office of the Governor; providing duties of the
 1874         council; providing for the appointment and
 1875         qualification of members; providing for the use of
 1876         subject-matter experts when necessary; providing
 1877         requirements for voting and a quorum; providing for
 1878         quarterly meetings of the council; providing for
 1879         staffing; providing for reimbursement of per diem and
 1880         travel expenses for members of the council; amending
 1881         s. 499.003, F.S.; excluding from the definition of
 1882         “wholesale distribution” certain activities of state
 1883         agencies; providing an effective date.