HB 7045

1
A bill to be entitled
2An act relating to tobacco education and prevention;
3creating s. 381.84, F.S.; requiring the Department of
4Health to conduct a statewide tobacco education and
5prevention program; providing definitions; providing
6legislative purpose and findings; establishing components
7of the program; creating the Tobacco Education and
8Prevention Advisory Council; providing membership and
9duties of the council; providing reimbursement for travel
10and other expenses for council members; requiring the
11Secretary of Health to award grants in consultation with
12the council; providing for the appointment of a peer
13review panel to review proposals for funding; specifying
14the use of funds appropriated under the program; requiring
15an annual report by the department; providing rulemaking
16authority; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 381.84, Florida Statutes, is created to
21read:
22     381.84  Comprehensive Statewide Tobacco Education and
23Prevention Program.--
24     (1)  As used in this section and for purposes of the
25provisions of s. 27, Art. X of the State Constitution, the term:
26     (a)  "CDC" means the United States Centers for Disease
27Control and Prevention.
28     (b)  "Department" means the Department of Health.
29     (c)  "Tobacco" means, without limitation, tobacco itself
30and tobacco products that include tobacco and are intended or
31expected for human use or consumption, including, but not
32limited to, cigarettes, cigars, pipe tobacco, and smokeless
33tobacco.
34     (d)  "Youth" means minors and young adults.
35     (2)  It is the purpose of this section to implement s. 27,
36Art. X of the State Constitution. The Legislature finds that s.
3727, Art. X of the State Constitution is intended to require the
38department to conduct a statewide tobacco education and
39prevention program that focuses on youth tobacco use. The
40Legislature further finds that the primary goals of the program
41are to reduce the prevalence of tobacco use among youth, adults,
42and pregnant women, reduce per capita tobacco consumption, and
43reduce exposure to environmental tobacco smoke.
44     (3)  The department shall conduct a comprehensive,
45statewide tobacco education and prevention program consistent
46with the recommendations for effective program components
47contained in the 1999 Best Practices for Comprehensive Tobacco
48Control Programs of the CDC, as amended by the CDC. The program
49shall include the following components, each of which shall
50focus on educating people, particularly youth and their parents,
51about the health hazards of tobacco and discouraging the use of
52tobacco:
53     (a)  An advertising campaign using, at a minimum, Internet,
54print, radio, and television advertising, funded with a minimum
55of one-third of the total annual appropriation required by s.
5627, Art. X of the State Constitution.
57     (b)  Cessation programs, including counseling and
58treatment.
59     (c)  Evaluation of the effectiveness of community and
60statewide programs.
61     (d)  Evidence-based curricula and programs, including
62school-based and after-school programs, which involve youth,
63educate youth about the health hazards of tobacco, help youth
64develop skills to refuse tobacco, and demonstrate to youth how
65to stop using tobacco.
66     (e)  Programs of local community-based partnerships,
67including programs for the prevention, detection, and early
68intervention of smoking-related chronic diseases.
69     (f)  Training of health care providers and smoking
70cessation counselors.
71     (4)  The Tobacco Education and Prevention Advisory Council
72is created within the department.
73     (a)  The council shall consist of 14 members, including:
74     1.  The Secretary of Health, or a designee.
75     2.  Two members appointed by the Commissioner of Education,
76of whom one must be a school district superintendent.
77     3.  The chief executive officer of the Florida Division of
78the American Cancer Society, or a designee.
79     4.  The chief executive officer of the Greater Southeast
80Affiliate of the American Heart Association, or a designee.
81     5.  The chief executive officer of the American Lung
82Association of Florida, or a designee.
83     6.  Four members appointed by the Governor, of whom two
84must have expertise in the field of tobacco prevention and
85education or smoking cessation.
86     7.  Two members appointed by the President of the Senate,
87of whom one must have expertise in the field of tobacco
88prevention and education or smoking cessation.
89     8.  Two members appointed by the Speaker of the House of
90Representatives, of whom one must have expertise in the field of
91tobacco prevention and education or smoking cessation.
92     (b)  The appointments shall be for a 3-year term and shall
93reflect the diversity of the state's population. A vacancy shall
94be filled by appointment by the original appointing authority
95for the unexpired portion of the term.
96     (c)  An appointed member may not serve more than two
97consecutive terms.
98     (d)  The council shall annually elect from its membership
99one member to serve as chairperson of the council and one member
100to serve as vice chairperson.
101     (e)  The council shall meet at least quarterly and upon the
102call of the chairperson.
103     (f)  Members of the council shall serve without
104compensation but may be reimbursed for per diem and travel
105expenses pursuant to s. 112.061.
106     (g)  The department shall provide council members with
107information and other assistance as is reasonably necessary to
108assist the council in carrying out its responsibilities.
109     (5)  The council shall advise the Secretary of Health as to
110the direction and scope of the Tobacco Education and Prevention
111Program. The responsibilities of the council include, but are
112not limited to:
113     (a)  Providing advice on program priorities and emphases.
114     (b)  Providing advice on the overall program budget.
115     (c)  Participating in periodic program evaluation.
116     (d)  Assisting in the development of guidelines to ensure
117fairness, neutrality, and adherence to the principles of merit
118and quality in the conduct of the program.
119     (e)  Assisting in the development of administrative
120procedures relating to solicitation, review, and award of
121contracts and grants, to ensure an impartial, high-quality peer
122review system.
123     (f)  Assisting in the development and supervision of peer
124review panels.
125     (g)  Reviewing reports of peer review panels and making
126recommendations for contracts and grants.
127     (h)  Recommending meaningful outcome measures through a
128regular review of tobacco prevention and education strategies
129and programs of other states and the Federal Government.
130     (i)  Recommending policies to encourage a coordinated
131response to tobacco use in this state, focusing specifically on
132creating partnerships within and between the public and private
133sectors.
134     (6)  Contracts and grants for the program components
135described in subsection (3) shall be awarded by the Secretary of
136Health, after consultation with the council, on the basis of
137merit, as determined by an open, competitive, peer review
138process that ensures objectivity, consistency, and high quality.
139A recipient of a contract or grant for the program component
140described in paragraph (3)(c) shall not be eligible for a
141contract or grant award for any other program component
142described in subsection (3) in the same state fiscal year.
143     (a)  To ensure that all proposals for funding are
144appropriate and are evaluated fairly on the basis of merit, the
145Secretary of Health, in consultation with the council, shall
146appoint a peer review panel of independent, qualified experts in
147the field of tobacco control to review the content of each
148proposal and establish its priority score. The priority scores
149shall be forwarded to the council and must be considered in
150determining which proposals shall be recommended for funding.
151     (b)  The council and the peer review panel shall establish
152and follow rigorous guidelines for ethical conduct and adhere to
153a strict policy with regard to conflict of interest. A member of
154the council or panel may not participate in any discussion or
155decision with respect to a research proposal by any firm,
156entity, or agency with which the member is associated as a
157member of the governing body or as an employee or with which the
158member has entered into a contractual arrangement. Meetings of
159the council and the peer review panels shall be subject to the
160provisions of chapter 119, s. 286.011, and s. 24, Art. I of the
161State Constitution.
162     (c)  In each contract or grant agreement, the department
163shall limit the use of food and promotional items to no more
164than 2.5 percent of the total amount of the contract or grant
165and limit overhead or indirect costs to no more than 7.5 percent
166of the total amount of the contract or grant. The department, in
167consultation with the Department of Financial Services, shall
168publish guidelines for appropriate food and promotional items.
169     (d)  In each advertising contract, the department shall
170limit the total of production fees, buyer commissions, and
171related costs to no more than 5 percent of the total contract
172amount.
173     (7)  By January 31 of each year, the department shall
174provide to the Governor, the President of the Senate, and the
175Speaker of the House of Representatives a report that evaluates
176the program's effectiveness in reducing and preventing tobacco
177use and that recommends improvements to enhance the program's
178effectiveness. The report shall contain, at a minimum, an annual
179survey of youth attitudes and behavior toward tobacco, as well
180as a description of the progress in reducing the prevalence of
181tobacco use among youth, adults, and pregnant women, reducing
182per capita tobacco consumption, and reducing exposure to
183environmental tobacco smoke.
184     (8)  From the total funds appropriated for the
185Comprehensive Statewide Tobacco Education and Prevention Program
186in the General Appropriations Act, an amount of up to 5 percent
187may be used by the department for administrative expenses.
188     (9)  The department may adopt rules pursuant to ss.
189120.536(1) and 120.54 necessary to implement this section.
190     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.