Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
Barcode 551180
CHAMBER ACTION
Senate House
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11 The Conference Committee on CS for SB 1126 recommended the
12 following amendment:
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14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 381.84, Florida Statutes, is
19 created to read:
20 381.84 Comprehensive Statewide Tobacco Education and
21 Use Prevention Program.--
22 (1) DEFINITIONS.--As used in this section and for
23 purposes of the provisions of s. 27, Art. X of the State
24 Constitution, the term:
25 (a) "AHEC network" means an area health education
26 center network established under s. 381.0402.
27 (b) "CDC" means the United States Centers for Disease
28 Control and Prevention.
29 (c) "Council" means the Tobacco Education and Use
30 Prevention Advisory Council.
31 (d) "Department" means the Department of Health.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 (e) "Tobacco" means, without limitation, tobacco
2 itself and tobacco products that include tobacco and are
3 intended or expected for human use or consumption, including,
4 but not limited to, cigarettes, cigars, pipe tobacco, and
5 smokeless tobacco.
6 (f) "Youth" means minors and young adults.
7 (2) PURPOSE, FINDINGS, AND INTENT.--It is the purpose
8 of this section to implement s. 27, Art. X of the State
9 Constitution. The Legislature finds that s. 27, Art. X of the
10 State Constitution requires the funding of a statewide tobacco
11 education and use prevention program that focuses on tobacco
12 use by youth. The Legislature further finds that the primary
13 goals of the program are to reduce the prevalence of tobacco
14 use among youth, adults, and pregnant women; reduce per capita
15 tobacco consumption; and reduce exposure to environmental
16 tobacco smoke. Further, it is the intent of the Legislature to
17 base increases in funding for individual components of the
18 program on the results of assessments and evaluations.
19 Recognizing that some components will need to grow faster than
20 inflation, it is the intent of the Legislature to fund
21 portions of the program on a nonrecurring basis in the early
22 years so that those components that are most effective can be
23 supported as the program matures.
24 (3) PROGRAM COMPONENTS AND REQUIREMENTS.--The
25 department shall conduct a comprehensive, statewide tobacco
26 education and use prevention program consistent with the
27 recommendations for effective program components contained in
28 the 1999 Best Practices for Comprehensive Tobacco Control
29 Programs of the CDC, as amended by the CDC. The program shall
30 include the following components, each of which shall focus on
31 educating people, particularly youth and their parents, about
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
Barcode 551180
1 the health hazards of tobacco and discouraging the use of
2 tobacco:
3 (a) Counter-marketing and advertising; cyberspace
4 resource center.--The counter-marketing and advertising
5 campaign shall include, at a minimum, Internet, print, radio,
6 and television advertising and shall be funded with a minimum
7 of one-third of the total annual appropriation required by s.
8 27, Art. X of the State Constitution. A cyberspace resource
9 center for copyrighted materials and information concerning
10 tobacco education and use prevention, including cessation,
11 shall be maintained by the program. Such resource center must
12 be accessible to the public, including parents, teachers, and
13 students, at each level of public and private schools,
14 universities, and colleges in the state and shall provide
15 links to other relevant resources. The Internet address for
16 the resource center must be incorporated in all advertising.
17 The information maintained in the resource center shall be
18 used by the other components of the program.
19 (b) Cessation programs, counseling, and
20 treatment.--This program component shall include two
21 subcomponents:
22 1. A statewide toll-free cessation service, which may
23 include counseling, referrals to other local resources and
24 support services, and treatment to the extent funds are
25 available for treatment services; and
26 2. A local community-based program to disseminate
27 information about smoking cessation, how smoking cessation
28 relates to prenatal care and obesity prevention, and other
29 chronic tobacco-related diseases.
30 (c) Surveillance and evaluation.--The program shall
31 conduct ongoing epidemiological surveillance and shall
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
Barcode 551180
1 contract for annual independent evaluations of the
2 effectiveness of the various components of the program in
3 meeting the goals as set forth in subsection (2).
4 (d) Youth school programs.--School and after-school
5 programs shall use current evidence-based curricula and
6 programs that involve youth to educate youth about the health
7 hazards of tobacco, help youth develop skills to refuse
8 tobacco, and demonstrate to youth how to stop using tobacco.
9 (e) Community programs and chronic disease
10 prevention.--The department shall promote and support local
11 community-based partnerships that emphasize programs involving
12 youth, including programs for the prevention, detection, and
13 early intervention of smoking-related chronic diseases.
14 (f) Training.--The program shall include the training
15 of health care practitioners, smoking-cessation counselors,
16 and teachers by health professional students and other
17 tobacco-use prevention specialists who are trained in
18 preventing tobacco use and health education. Smoking-cessation
19 counselors shall be trained by specialists who are certified
20 in tobacco-use cessation.
21 (g) Administration, statewide programs, and county
22 health departments.--Each county health department is eligible
23 to receive a portion of the annual appropriation, on a per
24 capita basis, for coordinating tobacco education and use
25 prevention programs within that county. Appropriated funds may
26 be used to improve the infrastructure of the county health
27 department to implement the comprehensive, statewide tobacco
28 education and use prevention program. Each county health
29 department shall prominently display in all treatment rooms
30 and waiting rooms, counter-marketing and advertisement
31 materials in the form of wall posters, brochures, television
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 advertising if televisions are used in the lobby or waiting
2 room, and screensavers and Internet advertising if computer
3 kiosks are available for use or viewing by people at the
4 county health department.
5 (h) Enforcement and awareness of related laws.--In
6 coordination with the Department of Business and Professional
7 Regulation, the program shall monitor the enforcement of laws,
8 rules, and policies prohibiting the sale or other provision of
9 tobacco to minors, as well as the continued enforcement of the
10 Clean Indoor Air Act prescribed in chapter 386. The
11 advertisements produced in accordance with paragraph (a) may
12 also include information designed to make the public aware of
13 these related laws and rules. The departments may enter into
14 interagency agreements to carry out this program component.
15 (i) AHEC smoking-cessation initiative.--For the
16 2007-2008 and 2008-2009 fiscal years only, the AHEC network
17 shall expand the AHEC smoking-cessation initiative to each
18 county within the state and perform other activities as
19 determined by the department.
20 (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
21 MEETINGS.--The Tobacco Education and Use Prevention Advisory
22 Council is created within the department.
23 (a) The council shall consist of 23 members,
24 including:
25 1. The Secretary of Health, who shall serve as the
26 chairperson.
27 2. One county health department director, appointed by
28 the Secretary of Health.
29 3. Two members appointed by the Commissioner of
30 Education, of whom one must be a school district
31 superintendent.
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1 4. The chief executive officer of the Florida Division
2 of the American Cancer Society, or his or her designee.
3 5. The chief executive officer of the Greater
4 Southeast Affiliate of the American Heart Association, or his
5 or her designee.
6 6. The chief executive officer of the American Lung
7 Association of Florida, or his or her designee.
8 7. The dean of the University of Miami School of
9 Medicine, or his or her designee.
10 8. The dean of the University of Florida College of
11 Medicine, or his or her designee.
12 9. The dean of the University of South Florida College
13 of Medicine, or his or her designee.
14 10. The dean of the Florida State University College
15 of Medicine, or his or her designee.
16 11. The dean of Nova Southeastern College of
17 Osteopathic Medicine, or his or her designee.
18 12. The dean of the Lake Erie College of Osteopathic
19 Medicine in Bradenton, Florida, or his or her designee.
20 13. The chief executive officer of the Campaign for
21 Tobacco Free Kids, or his or her designee.
22 14. The chief executive officer of the Legacy
23 Foundation, or his or her designee.
24 15. Four members appointed by the Governor, of whom
25 two must have expertise in the field of tobacco-use prevention
26 and education or smoking cessation and one individual who
27 shall be between the ages of 16 and 21 at the time of his or
28 her appointment.
29 16. Two members appointed by the President of the
30 Senate, of whom one must have expertise in the field of
31 tobacco-use prevention and education or smoking cessation.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 17. Two members appointed by the Speaker of the House
2 of Representatives, of whom one must have expertise in the
3 field of tobacco-use prevention and education or smoking
4 cessation.
5 (b) The appointments shall be for 3-year terms and
6 shall reflect the diversity of the state's population. A
7 vacancy shall be filled by appointment by the original
8 appointing authority for the unexpired portion of the term.
9 (c) An appointed member may not serve more than two
10 consecutive terms.
11 (d) The council shall meet at least quarterly and upon
12 the call of the chairperson. Meetings may be held via
13 teleconference or other electronic means.
14 (e) Members of the council shall serve without
15 compensation, but are entitled to reimbursement for per diem
16 and travel expenses pursuant to s. 112.061. Members who are
17 state officers or employees or who are appointed by state
18 officers or employees shall be reimbursed for per diem and
19 travel expenses pursuant to s. 112.061 from the state agency
20 through which they serve.
21 (f) The department shall provide council members with
22 information and other assistance as is reasonably necessary to
23 assist the council in carrying out its responsibilities.
24 (5) COUNCIL DUTIES AND RESPONSIBILITIES.--The council
25 shall advise the Secretary of Health as to the direction and
26 scope of the Comprehensive Statewide Tobacco Education and Use
27 Prevention Program. The responsibilities of the council
28 include, but are not limited to:
29 (a) Providing advice on program priorities and
30 emphases.
31 (b) Providing advice on the overall program budget.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
Barcode 551180
1 (c) Providing advice on copyrighted material,
2 trademark, and future transactions as they pertain to the
3 tobacco education and use prevention program.
4 (d) Reviewing broadcast material prepared for the
5 Internet, portable media players, radio, and television as it
6 relates to the advertising component of the tobacco education
7 and use prevention program.
8 (e) Participating in periodic program evaluation.
9 (f) Assisting in the development of guidelines to
10 ensure fairness, neutrality, and adherence to the principles
11 of merit and quality in the conduct of the program.
12 (g) Assisting in the development of administrative
13 procedures relating to solicitation, review, and award of
14 contracts and grants in order to ensure an impartial,
15 high-quality peer-review system.
16 (h) Assisting in the development and supervision of
17 peer-review panels.
18 (i) Reviewing reports of peer-review panels and making
19 recommendations for contracts and grants.
20 (j) Reviewing the activities and evaluating the
21 performance of the AHEC network to avoid duplicative efforts
22 using state funds.
23 (k) Recommending meaningful outcome measures through a
24 regular review of tobacco-use prevention and education
25 strategies and programs of other states and the Federal
26 Government.
27 (l) Recommending policies to encourage a coordinated
28 response to tobacco use in this state, focusing specifically
29 on creating partnerships within and between the public and
30 private sectors.
31 (6) CONTRACT REQUIREMENTS.--Contracts or grants for
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 the program components or subcomponents described in
2 paragraphs (3)(a)-(f) shall be awarded by the Secretary of
3 Health, after consultation with the council, on the basis of
4 merit, as determined by an open, competitive, peer-reviewed
5 process that ensures objectivity, consistency, and high
6 quality. The department shall award such grants or contracts
7 no later than October 1 for each fiscal year. A recipient of a
8 contract or grant for the program component described in
9 paragraph (3)(c) is not eligible for a contract or grant award
10 for any other program component described in subsection (3) in
11 the same state fiscal year. A school or college of medicine
12 that is represented on the council is not eligible to receive
13 a contract or grant under this section. For the 2007-2008 and
14 2008-2009 fiscal years only, the department shall award a
15 contract or grant in the amount of $10 million to the AHEC
16 network for the purpose of developing the components described
17 in paragraph (3)(i). The AHEC network may apply for a
18 competitive contract or grant after the 2008-2009 fiscal year.
19 (a) In order to ensure that all proposals for funding
20 are appropriate and are evaluated fairly on the basis of
21 merit, the Secretary of Health, in consultation with the
22 council, shall appoint a peer-review panel of independent,
23 qualified experts in the field of tobacco control to review
24 the content of each proposal and establish its priority score.
25 The priority scores shall be forwarded to the council and must
26 be considered in determining which proposals will be
27 recommended for funding.
28 (b) The council and the peer-review panel shall
29 establish and follow rigorous guidelines for ethical conduct
30 and adhere to a strict policy with regard to conflicts of
31 interest. A member of the council or panel may not participate
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
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1 in any discussion or decision with respect to a research
2 proposal by any firm, entity, or agency with which the member
3 is associated as a member of the governing body or as an
4 employee or with which the member has entered into a
5 contractual arrangement. Meetings of the council and the
6 peer-review panels are subject to chapter 119, s. 286.011, and
7 s. 24, Art. I of the State Constitution.
8 (c) In each contract or grant agreement, the
9 department shall limit the use of food and promotional items
10 to no more than 2.5 percent of the total amount of the
11 contract or grant and limit overhead or indirect costs to no
12 more than 7.5 percent of the total amount of the contract or
13 grant. The department, in consultation with the Department of
14 Financial Services, shall publish guidelines for appropriate
15 food and promotional items.
16 (d) In each advertising contract, the department shall
17 limit the total of production fees, buyer commissions, and
18 related costs to no more than 10 percent of the total contract
19 amount.
20 (e) Notwithstanding the competitive process for
21 contracts prescribed in this subsection, each county health
22 department is eligible for core funding, on a per capita
23 basis, to implement tobacco education and use prevention
24 activities within that county.
25 (7) ANNUAL REPORT REQUIRED.--By January 31 of each
26 year, the department shall provide to the Governor, the
27 President of the Senate, and the Speaker of the House of
28 Representatives a report that evaluates the program's
29 effectiveness in reducing and preventing tobacco use and that
30 recommends improvements to enhance the program's
31 effectiveness. The report must contain, at a minimum, an
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 annual survey of youth attitudes and behavior toward tobacco,
2 as well as a description of the progress in reducing the
3 prevalence of tobacco use among youth, adults, and pregnant
4 women; reducing per capita tobacco consumption; and reducing
5 exposure to environmental tobacco smoke.
6 (8) LIMITATION ON ADMINISTRATIVE EXPENSES.--From the
7 total funds appropriated for the Comprehensive Statewide
8 Tobacco Education and Use Prevention Program in the General
9 Appropriations Act, an amount of up to 5 percent may be used
10 by the department for administrative expenses.
11 (9) RULEMAKING AUTHORIZED.--By January 1, 2008, the
12 department shall adopt rules pursuant to ss. 120.536(1) and
13 120.54 to administer this section.
14 Section 2. This act shall take effect July 1, 2007.
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to tobacco education and
24 prevention; creating s. 381.84, F.S.; requiring
25 the Department of Health to conduct a statewide
26 tobacco education and use prevention program;
27 providing definitions; providing legislative
28 purpose and findings; establishing components
29 of the program; creating the Tobacco Education
30 and Use Prevention Advisory Council; providing
31 membership and duties of the council; providing
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1126
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1 reimbursement for travel and other expenses for
2 council members; requiring the Secretary of
3 Health to award contracts in consultation with
4 the council; providing for the appointment of a
5 peer-review panel to review proposals for
6 funding; specifying the use of funds
7 appropriated under the program; requiring an
8 annual report by the department to the Governor
9 and the Legislature; providing rulemaking
10 authority; providing an effective date.
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