Senate Bill 1868

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    Florida Senate - 1998                                  SB 1868

    By Senator Turner





    36-856C-98

  1                      A bill to be entitled

  2         An act relating to community environmental

  3         health protection; creating ss. 381.102,

  4         381.103, 381.104, 381.105, 381.106, 381.107,

  5         F.S., the "Florida Community Environmental

  6         Health Protection Act"; providing a short

  7         title; providing for community environmental

  8         health protection; providing definitions;

  9         creating the Community Environmental Health

10         Program; providing purposes of the program;

11         designating pilot projects; providing for

12         boards of directors; requiring a report to the

13         Legislature; providing duties of the Department

14         of Health; providing appropriations and

15         prescribing purposes for which the funds may be

16         used; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 381.102, Florida Statutes, is

21  created to read:

22         381.102  Short title.--Sections 381.102-381.107 may be

23  cited as the "Florida Community Environmental Health

24  Protection Act."

25         Section 2.  Section 381.103, Florida Statutes, is

26  created to read:

27         381.103  Community environmental health protection.--

28         (1)  This state is committed to the economic,

29  environmental, and public health revitalization of its

30  communities;

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    Florida Senate - 1998                                  SB 1868
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  1         (2)  Low-income communities of color bear a significant

  2  burden of pollution which thwarts the revitalization of these

  3  communities;

  4         (3)  This state has made progress in addressing the

  5  economic development and environmental needs of its

  6  communities;

  7         (4)  Measures to address the public health needs of

  8  low-income communities of color that are exposed to

  9  contaminated sites must be implemented in order to ensure the

10  sustainability of the communities in this state;

11         (5)  The implementation of these measures will enhance

12  cooperative efforts among the private sector, government, and

13  nonprofit organizations in this state to ensure the

14  sustainability of this state; and

15         (6)  Efforts to initiate measures that address public

16  health problems in communities affected by contaminated sites

17  will enable this state to leverage additional resources

18  available from the Federal Government and private foundations

19  for this purpose.

20         Section 3.  Section 381.104, Florida Statutes, is

21  created to read:

22         381.104  Definitions.--As used in ss. 381.102-381.107,

23  the term "low-income community of color" means a contiguous

24  grouping of residences with a significant portion of occupants

25  who cannot afford to receive health care services and are

26  African-American, Asian-American, Hispanic, or

27  Native-American.

28         Section 4.  Section 381.105, Florida Statutes, is

29  created to read:

30         381.105  Community Environmental Health Program;

31  creation; purposes.--There is created the Community

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    Florida Senate - 1998                                  SB 1868
    36-856C-98




  1  Environmental Health Program. The primary purpose of the

  2  program is to ensure the availability of public health

  3  services to members of low-income communities and communities

  4  of color that may be adversely affected by contaminated sites

  5  located in or near the community. These services extend beyond

  6  health services that are currently provided pursuant to

  7  chapter 154 and include measures to address the cumulative and

  8  synergistic health impacts that may be associated with

  9  exposure to pollution. An additional purpose is to ensure the

10  collection of information and data on health effects

11  potentially caused by acute and chronic exposure to low and

12  high levels of contaminants so that the information and data

13  may be used for research, education, and the improvement of

14  decisionmaking on sustainability goals.

15         Section 5.  Section 381.106, Florida Statutes, is

16  created to read:

17         381.106  Community Environmental Health Program pilot

18  projects.--

19         (1)  A Community Environmental Health Program pilot

20  project is hereby established to promote disease prevention

21  and health protection among low-income people who live in

22  communities that have Superfund or Brownfield sites. The

23  Legislature has determined that it would be beneficial to

24  provide resources in this state to undertake a series of pilot

25  projects that demonstrate techniques and approaches to ensure

26  health care for low-income persons of color who are living in

27  communities that are adversely affected by contaminated sites,

28  to mobilize additional resources from the government, private

29  sector, and private foundations to address this need, and to

30  develop a mechanism for collecting data. The pilot projects

31  must seek to build upon existing environmental and economic

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    Florida Senate - 1998                                  SB 1868
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  1  efforts to address contaminated sites through the Florida

  2  Brownfields Redevelopment Act, the Eastward Ho! Brownfields

  3  Partnership, the federal Superfund Program, and other state

  4  and federal programs that address public health and the

  5  environment. The pilot projects may form partnerships with

  6  existing health care providers and units, contribute to a

  7  health care needs assessment, and serve as the basis for the

  8  development of health care capacity in underserved areas.

  9         (2)  A pilot project must be established to serve each

10  of the following:

11         (a)  In Escambia County, the low-income communities of

12  color surrounding the Escambia Treating Company and Agrico

13  Company Superfund sites, and the former workers at those

14  sites;

15         (b)  In Broward County, the low-income communities of

16  color surrounding the Wingate Superfund site;

17         (c)  In Palm Beach County, within the City of Riviera

18  Beach, the low-income communities of color surrounding the

19  BMI-Textron Superfund site;

20         (d)  In Pinellas County, the low-income communities of

21  color designated as a pilot project under the 1997 Florida

22  Brownfields Redevelopment Act, including the Greenwood

23  community in Clearwater;

24         (e)  In Miami-Dade County, Liberty City and

25  Brownsville; and

26         (f)  Two additional low-income communities of color in

27  this state which are to be chosen by the Department of Health

28  so as to ensure equitable geographic distribution of resources

29  and services under this program. The communities selected

30  under this paragraph must have documented contamination and

31  actual or suspected contamination-related health problems in

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    Florida Senate - 1998                                  SB 1868
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  1  members of the community, and must have established a history

  2  of community cohesiveness.

  3         (3)  There shall be a voluntary board of directors for

  4  each pilot project, and the majority of board members shall be

  5  low-income residents who are beneficiaries of the pilot

  6  project. The board must also include representatives from the

  7  respective county health departments, health care

  8  professionals and providers, and elected officials. The board

  9  shall oversee the functions and operations of the pilot

10  project, evaluate the pilot project, and prepare for the

11  Legislature a report that discusses the progress of the pilot

12  project toward achieving its stated goals and recommends

13  future courses of action.

14         Section 6.  Section 381.107, Florida Statutes, is

15  created to read:

16         381.107  Duties of Department of Health.--The

17  Department of Health shall:

18         (1)  Assist the board of directors of each pilot

19  project in obtaining low-cost health care services designed to

20  treat the effects of exposure to contaminants and to ensure

21  disease prevention and health promotion.

22         (2)  Develop a proactive, rapid identification system

23  for evaluating the health impact of exposure to pollution and

24  for detecting health effects reflecting environmental

25  injustice.

26         (3)  Explore alternative methodologies for evaluating

27  the human health consequences of exposure to pollution.

28         (4)  Develop and maintain a registry to track health

29  problems addressed by the project.

30         (5)  Develop environmental education and outreach

31  programs for health care providers and communities which

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    Florida Senate - 1998                                  SB 1868
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  1  increase awareness and reporting of health effects resulting

  2  from exposure within communities.

  3         (6)  Work with affected communities, appropriate

  4  agencies, and ongoing initiatives (e.g., Eastward Ho!

  5  Brownfields Partnership) to implement communication between

  6  government agencies and affected communities.

  7         (7)  Collect data on potential environmental health

  8  effects of pollution.

  9         Section 7.  (1)  There is appropriated from the General

10  Revenue Fund the sum of $1.6 million during fiscal year

11  1998-1999 for the Community Environmental Health Program pilot

12  project, of which $200,000 is allocated to the Pensacola pilot

13  project; $200,000 is allocated to the Wingate pilot project;

14  $200,000 is allocated to the Clearwater/Greenwood pilot

15  project; $200,000 is allocated to the City of Riviera Beach

16  pilot project; $200,000 is allocated to Liberty City and to

17  Brownsville, in Miami-Dade County; $200,000 is allocated to

18  the Department of Health; and the remainder is allocated to

19  two additional low-income communities of color which meet the

20  purposes of the pilot project.

21         (2)  The funds allocated under subsection (1) must be

22  used for:

23         (a)  The delivery of health services, including

24  screening, diagnosis and treatment of disease; preventive

25  annual physical examinations; monitoring for effects of toxic

26  exposure; and consultation on measures to prevent diseases.

27         (b)  Maintenance of the voluntary boards of directors

28  for the pilot projects.

29         (c)  Resources for accessing the delivery of health

30  services through Medicare, Medicaid, and third-party coverage,

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    Florida Senate - 1998                                  SB 1868
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  1  among other sources, and for ensuring quality assurance and

  2  quality control for the implementation of pilot projects.

  3         Section 8.  This act shall take effect July 1, 1998.

  4

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  6                          SENATE SUMMARY

  7    Creates ss. 381.102-381.107, F.S., the "Florida Community
      Environmental Health Protection Act." Provides
  8    legislative intent. Provides definitions. Creates the
      Community Environmental Health Program and provides
  9    purposes of the program. Designates areas in which pilot
      projects are to be developed. Provides for voluntary
10    boards of directors. Requires a report to the
      Legislature. Provides duties of the Department of Health.
11    Provides an appropriation and prescribes purposes for
      which the funds may be used.
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