Senate Bill sb1908

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    Florida Senate - 2007                                  SB 1908

    By Senator Saunders





    37-1426-07

  1                      A bill to be entitled

  2         An act relating to tobacco prevention and

  3         education; amending s. 20.05, F.S.; requiring

  4         the Secretary of Health to concurrently serve

  5         as the state's Surgeon General; creating s.

  6         386.301, F.S.; providing a short title;

  7         creating s. 386.302, F.S.; providing

  8         legislative intent; creating s. 386.303, F.S.;

  9         establishing the Florida Comprehensive Tobacco

10         Prevention and Education Program within the

11         Department of Health; providing for the use of

12         appropriated funds; providing components for

13         the program; authorizing the inclusion of

14         smoking cessation programs administered by

15         county health departments; authorizing the

16         inclusion of programs to address certain

17         disparities among groups of persons; providing

18         for a minimum annual appropriation; prohibiting

19         the use of appropriated funds for certain

20         activities; providing a limitation on

21         administrative costs; creating s. 386.304,

22         F.S.; providing criteria for advertising

23         campaigns; creating s. 386.305, F.S.; requiring

24         the Surgeon General to appoint a Director of

25         Tobacco Control; providing the functions of the

26         director; providing duties of the Surgeon

27         General in consultation with the Statewide

28         Tobacco Policy Oversight Board; creating s.

29         386.306, F.S.; creating the Statewide Tobacco

30         Policy Oversight Board; providing for

31         membership; providing for terms of appointment;

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 1         providing for reimbursement for per diem and

 2         travel expenses; providing for duties of the

 3         board; requiring the chairperson of the board

 4         to appoint workgroups; requiring the board to

 5         submit reports to the Governor and the

 6         Legislature; providing an effective date.

 7  

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

 9  

10         Section 1.  Subsection (5) is added to section 20.05,

11  Florida Statutes, to read:

12         20.05  Heads of departments; powers and duties.--

13         (5)  The Secretary of Health shall also serve

14  concurrently as the state's Surgeon General.

15         Section 2.  Section 386.301, Florida Statutes, is

16  created to read:

17         386.301  Short title.--Sections 386.301-386.306 may be

18  cited as the "Tobacco Prevention and Education Act."

19         Section 3.  Section 386.302, Florida Statutes, is

20  created to read:

21         386.302  Legislative intent.--It is the intent of the

22  Legislature to implement the will of the electorate as

23  expressed during the 2006 general election by the adoption of

24  s. 27, Art. X, of the State Constitution. Accordingly, it is

25  the intent of the Legislature to protect people, especially

26  youth, from addiction, disease, and other health hazards of

27  using tobacco by dedicating a minimum of 15 percent of the

28  proceeds the state receives annually from the legal settlement

29  from the tobacco industry for a comprehensive statewide

30  program on tobacco prevention and education using best

31  practices from the Centers for Disease Control, as well as

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    Florida Senate - 2007                                  SB 1908
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 1  specific components delineated in s. 27, Art. X of the State

 2  Constitution. Moreover, it is the intent of the Legislature to

 3  annually adjust the funding for this comprehensive program on

 4  tobacco prevention and education, based on inflation, as

 5  required by s. 27, Art. X of the State Constitution.

 6         Section 4.  Section 386.303, Florida Statutes, is

 7  created to read:

 8         386.303  Florida Tobacco Prevention and Education

 9  Program; program components; distribution of funds; annual

10  appropriation; use of funds; cap on administrative expenses.--

11         (1)  The Florida Comprehensive Tobacco Prevention and

12  Education Program, with attendant components required pursuant

13  to s. 27, Art. X of the State Constitution, is established

14  within the Department of Health.

15         (2)  The moneys appropriated annually pursuant to this

16  section shall be used to fund a comprehensive statewide

17  program for tobacco prevention and education consistent with

18  the recommendations for effective program components in the

19  1999 Best Practices for Comprehensive Tobacco Control Programs

20  of the Centers for Disease Control (CDC Best Practices). This

21  program shall include, at a minimum, the following components,

22  and may include additional components that are also contained

23  within the CDC Best Practices, as periodically amended, that

24  are effective at accomplishing the purpose of this section,

25  and that do not undermine the effectiveness of these required

26  minimum components:

27         (a)  An advertising campaign to discourage the use of

28  tobacco and educate people, especially youth, about the health

29  hazards of tobacco, which shall be designed to be effective at

30  achieving these goals and shall include, but need not be

31  limited to, television, radio, and print advertising, with no

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    Florida Senate - 2007                                  SB 1908
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 1  limitations on any individual advertising medium used. This

 2  campaign shall be funded at a level equivalent to one-third of

 3  each total annual appropriation required by this section;

 4         (b)  Evidence-based curricula and programs to educate

 5  youth about tobacco and to discourage their use of it,

 6  including, but not limited to, programs that educate youth

 7  about the health hazards of tobacco, help youth develop skills

 8  to refuse tobacco, and demonstrate to youth how to stop using

 9  tobacco;

10         (c)  Programs of local community-based partnerships

11  which discourage the use of tobacco and work to educate

12  people, especially youth, about the health hazards of tobacco,

13  with an emphasis on programs that involve youth and emphasize

14  the prevention and cessation of tobacco use;

15         (d)  Enforcement of laws, rules, and policies against

16  the sale or provision of tobacco to minors, and the possession

17  of tobacco by minors; and

18         (e)  Publicly reported annual evaluations to ensure

19  that moneys appropriated pursuant to this section are spent

20  properly, which shall include evaluation of the program's

21  effectiveness in reducing and preventing tobacco use and

22  annual recommendations for improvements to enhance the

23  program's effectiveness, which shall include comparisons to

24  similar programs proven to be effective in other states, as

25  well as comparisons to CDC Best Practices, including its

26  amendments.

27         (3)  The tobacco control program may include cessation

28  programs, administered by county health departments, and a

29  toll-free telephone number.

30         (4)  The tobacco control program may include programs

31  to address disparities that are directed towards groups of

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 1  persons that have a higher morbidity or mortality rate than

 2  the general population due to tobacco use or exposure to

 3  secondhand smoke.

 4         (5)  Beginning with the 2007-2008 fiscal year, the

 5  minimum legislative appropriation for the purposes expressed

 6  in this section, from the total gross funds that tobacco

 7  companies pay to this state under the tobacco settlement,

 8  shall be an amount equal to 15 percent of such funds paid to

 9  the state in 2005; and the annual appropriation required by

10  this section shall be adjusted each subsequent year for

11  inflation, using the Consumer Price Index as published by the

12  United States Department of Labor.

13         (6)  Funds appropriated in furtherance of this section

14  may not be disbursed or expended for activities that do not

15  principally benefit the act of tobacco control in this state,

16  and funds appropriated in the furtherance of this section may

17  not be used for the purpose of lobbying any branch or agency

18  of state government.

19         (7)  Administrative costs for the Florida Comprehensive

20  Tobacco Prevention and Education Program required by s. 27,

21  Art. X of the State Constitution and by this section may not

22  exceed 10 percent.

23         Section 5.  Section 386.304, Florida Statutes, is

24  created to read:

25         386.304  Florida Tobacco Prevention and Education

26  Program; required advertising component; university consortia;

27  limitation of commissions.--In the implementation of the

28  tobacco prevention and education advertising component

29  required by s. 386.303(2)(a), the following provisions shall

30  apply:

31  

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 1         (1)  Preference in contracting for the creation and

 2  media placement of the program's advertising campaigns shall

 3  be given to collaborations or consortia of universities in

 4  this state if a high level of quality can be demonstrated to

 5  the oversight board created in s. 386.306 and to the state's

 6  Surgeon General.

 7         (2)  Commission awards to any media buyer for

 8  advertisements placed pursuant to this section shall be

 9  limited to 5 percent, with any refunds, rebates, or

10  commissions otherwise awarded by applicable media outlets

11  being reinvested into additional media purchases.

12         (3)  Any advertisements disseminated under this section

13  shall be demographically tested for their target audience,

14  whether youth or adult, with appropriate tobacco

15  counter-marketing messages incorporated.

16         Section 6.  Section 386.305, Florida Statutes, is

17  created to read:

18         386.305  Surgeon General; Director of Tobacco Control;

19  tobacco prevention and education roles and duties.--

20         (1)  The state's Surgeon General shall appoint a

21  Director of Tobacco Control.

22         (2)  The function of Director of Tobacco Control is to

23  work in collaboration with the office of planning and

24  budgeting within the Department of Management Services to:

25         (a)  Coordinate tobacco-control efforts and enlist the

26  assistance of the public and private sectors in those efforts,

27  including, but not limited to, federal, state, and local

28  agencies.

29         (b)  Provide information to the public about the

30  problem of tobacco use and the programs and services which are

31  available for tobacco prevention and education.

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 1         (c)  Act as the liaison for this state's Surgeon

 2  General with state agencies, other state governments, federal

 3  agencies, and the public and private sectors on matters that

 4  relate to tobacco use.

 5         (d)  Work to secure funding and other support for the

 6  state's tobacco control efforts, including, but not limited

 7  to, establishing cooperative relationships among state and

 8  private agencies.

 9         (e)  Develop a strategic program and funding initiative

10  that links the separate jurisdictional activities of state

11  agencies with respect to tobacco control. The office may

12  designate lead and contributing agencies to develop such

13  initiatives.

14         (3)  The state's Surgeon General, upon consultation

15  with the Statewide Tobacco Policy Oversight Board created

16  pursuant to s. 386.306, shall:

17         (a)  Advise the Governor and the Legislature on

18  tobacco-use trends in this state, the status of current

19  tobacco prevention and education programs and services, and

20  the status of the development and implementation of the

21  state's tobacco-control strategy.

22         (b)  Make recommendations to the Governor on measures

23  that the director considers advisable for the effective

24  implementation of the state's tobacco-control strategy.

25         (c)  Report to the Governor, the President of the

26  Senate, and the Speaker of the House of Representatives on the

27  information and recommendations required under paragraphs (a)

28  and (b) on or before December 1 of each year.

29         Section 7.  Section 386.306, Florida Statutes, is

30  created to read:

31         386.306  Statewide Tobacco Policy Oversight Board.--

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 1         (1)(a)  The Statewide Tobacco Policy Oversight Board is

 2  created within the Department of Health. The state's Surgeon

 3  General shall be a nonvoting, exofficio member of the

 4  oversight board and shall act as chairperson. The director of

 5  the office of planning and budgeting shall be a nonvoting,

 6  exofficio member of the oversight board. The Department of

 7  Health and the office of planning and budgeting shall provide

 8  staff support for the oversight board.

 9         (b)  The following state officials shall be appointed

10  to serve on the oversight board:

11         1.  The Director of Tobacco Control.

12         2.  The Attorney General, or his or her designee.

13         3.  The Secretary for Health Care Administration, or

14  his or her designee.

15         4.  The Commissioner of Education, or his or her

16  designee.

17         5.  The Secretary of Business and Professional

18  Regulation, or his or her designee.

19         (c)  In addition, the Governor shall appoint nine

20  members of the public to serve on the oversight board. Of

21  these appointees, a majority shall have some type of expertise

22  in the field of tobacco prevention and education or smoking

23  cessation. At least one of the Governor's appointees at any

24  given time must be a teenager at the time of his or her

25  appointment. The members appointed by the Governor must, to

26  the extent possible, equitably represent all geographic areas

27  of the state.

28         (d)  The President of the Senate shall appoint a member

29  of the Senate to the oversight board.

30  

31  

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 1         (e)  The Speaker of the House of Representatives shall

 2  appoint a member of the House of Representatives to the

 3  oversight board.

 4         (f)  The Chief Executive Officer of the Florida

 5  Division of the American Cancer Society, or his or her

 6  designee, shall serve on the oversight board.

 7         (g)  The Chief Executive Officer of the Florida/Puerto

 8  Rico Affiliate of the American Heart Association, or his or

 9  her designee, shall serve on the oversight board.

10         (h)  The Chief Executive Officer of the American Lung

11  Association of Florida, or his or her designee, shall serve on

12  the oversight board.

13         (i)  Members appointed by the Governor, the President

14  of the Senate, and the Speaker of the House of Representatives

15  shall be appointed to terms of 4 years each. However, for the

16  purpose of providing staggered terms, of the Governor's

17  initial appointments, five members shall be appointed for

18  2-year terms and four members shall be appointed for 4-year

19  terms.

20         (2)(a)  Any vacancy on the oversight board shall be

21  filled in the same manner as the original appointment, and any

22  member appointed to fill a vacancy occurring because of death,

23  resignation, or ineligibility for membership shall serve only

24  for the unexpired term of the member's predecessor. A member

25  is eligible for reappointment.

26         (b)  Members of the oversight board and members of

27  workgroups appointed under subsection (4) shall serve without

28  compensation, but are entitled to reimbursement for per diem

29  and travel expenses as provided in s. 112.061.

30         (c)  The oversight board shall meet at least quarterly

31  and upon the call of the chairperson.

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 1         (3)  The oversight board shall:

 2         (a)  Determine the most effective means of establishing

 3  clear and meaningful lines of communication between the

 4  oversight board and the public and private sectors in order to

 5  ensure that the process of developing and implementing the

 6  state's tobacco-control strategy is consistent with s. 27,

 7  Art. X of the State Constitution and affords a broad spectrum

 8  of the public and private sectors an opportunity to comment

 9  and make recommendations.

10         (b)  Review and make recommendations to the Governor

11  and the Legislature on funding programs and services for

12  tobacco prevention and education consistent with s. 27, Art. X

13  of the State Constitution. The oversight board may recommend

14  the creation of a separate appropriations category for funding

15  services delivered or procured by applicable state agencies

16  and may recommend the use of performance-based contracting as

17  provided in s. 414.065.

18         (c)  Review various programs on tobacco prevention and

19  education and recommend, where needed, measures that are

20  sufficient to determine program outcomes. The oversight board

21  shall review different methodologies for evaluating programs

22  and determine whether programs within different agencies have

23  common outcomes.

24         (d)  Review the tobacco control strategies and programs

25  of, and efforts by, other states and the Federal Government

26  and compile the relevant research, with emphasis given to the

27  United States Centers for Disease Control's Best Practices for

28  Tobacco Control, as amended.

29         (e)  Recommend to the Governor and the Legislature

30  applied research projects that would use research capabilities

31  within the state, including, but not limited to, the resources

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 1  of the State University System, for the purpose of achieving

 2  improved outcomes and making better-informed strategic

 3  budgetary decisions within the parameters set forth in s. 27,

 4  Art. X of the State Constitution.

 5         (f)  Recommend to the Governor and the Legislature

 6  changes in law which would remove barriers to, or enhance the

 7  implementation of, the strategy on tobacco control.

 8         (g)  Make recommendations to the Governor and the

 9  Legislature on the need for public information campaigns to be

10  conducted in the state, consistent with s. 27, Art. X of the

11  State Constitution, to limit tobacco consumption.

12         (h)  Ensure that there is coordinated, integrated, and

13  multidisciplinary response to the tobacco-use problem in this

14  state, with special attention given to creating partnerships

15  within and between the public and private sectors, and to the

16  coordinated, supported, and integrated delivery of

17  multiple-system services for tobacco users, including a

18  multiagency team approach to tobacco prevention and education.

19         (4)(a)  The chairperson of the oversight board shall

20  appoint workgroups in order to efficiently address specific

21  components of the comprehensive program on tobacco prevention

22  and education required pursuant to s. 27, Art. X of the State

23  Constitution. These workgroups may include public or private

24  sector individuals who are not members of the board, and may

25  include staff from state agencies involved in the development

26  or implementation of the applicable program component.

27         (b)  The oversight board shall submit to the Governor,

28  the President of the Senate, and the Speaker of the House of

29  Representatives, by December 1 of each year, a report that

30  contains a summary of the work of the board during that year

31  and the recommendations required under subsection (3). Interim

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 1  reports may be submitted at the discretion of the chairperson

 2  of the oversight board.

 3         Section 8.  This act shall take effect July 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Establishes the Florida Comprehensive Tobacco Prevention
      and Education Program. Provides for the use of
 8    appropriated funds. Provides components for the program.
      Authorizes the inclusion of smoking cessation programs
 9    administered by county health departments. Authorizes the
      inclusion of programs to address certain disparities
10    among groups of persons. Provides a minimum legislative
      appropriation. Prohibits the use of appropriated funds
11    for certain activities. Provides a limitation on
      administrative costs. Provides criteria for advertising
12    campaigns. Requires the Surgeon General to appoint a
      Director of Tobacco Control. Provides the functions of
13    the director. Provides duties of the Surgeon General in
      consultation with the Statewide Tobacco Policy Oversight
14    Board. Creates the Statewide Tobacco Policy Oversight
      Board. Provides for membership. Provides for terms of
15    appointment. Provides for reimbursement of per diem and
      travel expenses. Provides for duties of the board.
16    Requires the chairperson of the board to appoint
      workgroups. Requires the board to submit reports to the
17    Governor and the Legislature.

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