1 | A bill to be entitled |
2 | An act relating to tobacco education and prevention; |
3 | creating s. 381.84, F.S.; requiring the Department of |
4 | Health to conduct a statewide tobacco education and |
5 | prevention program; providing definitions; providing |
6 | legislative purpose and findings; establishing components |
7 | of the program; creating the Tobacco Education and |
8 | Prevention Advisory Council; providing membership and |
9 | duties of the council; providing reimbursement for travel |
10 | and other expenses for council members; requiring the |
11 | Secretary of Health to award grants in consultation with |
12 | the council; providing for the appointment of a peer |
13 | review panel to review proposals for funding; specifying |
14 | the use of funds appropriated under the program; requiring |
15 | an annual report by the department; providing rulemaking |
16 | authority; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Section 381.84, Florida Statutes, is created to |
21 | read: |
22 | 381.84 Comprehensive Statewide Tobacco Education and |
23 | Prevention Program.-- |
24 | (1) As used in this section and for purposes of the |
25 | provisions of s. 27, Art. X of the State Constitution, the term: |
26 | (a) "CDC" means the United States Centers for Disease |
27 | Control and Prevention. |
28 | (b) "Department" means the Department of Health. |
29 | (c) "Tobacco" means, without limitation, tobacco itself |
30 | and tobacco products that include tobacco and are intended or |
31 | expected for human use or consumption, including, but not |
32 | limited to, cigarettes, cigars, pipe tobacco, and smokeless |
33 | tobacco. |
34 | (d) "Youth" means minors and young adults. |
35 | (2) It is the purpose of this section to implement s. 27, |
36 | Art. X of the State Constitution. The Legislature finds that s. |
37 | 27, Art. X of the State Constitution is intended to require the |
38 | department to conduct a statewide tobacco education and |
39 | prevention program that focuses on youth tobacco use. The |
40 | Legislature further finds that the primary goals of the program |
41 | are to reduce the prevalence of tobacco use among youth, adults, |
42 | and pregnant women, reduce per capita tobacco consumption, and |
43 | reduce exposure to environmental tobacco smoke. |
44 | (3) The department shall conduct a comprehensive, |
45 | statewide tobacco education and prevention program consistent |
46 | with the recommendations for effective program components |
47 | contained in the 1999 Best Practices for Comprehensive Tobacco |
48 | Control Programs of the CDC, as amended by the CDC. The program |
49 | shall include the following components, each of which shall |
50 | focus on educating people, particularly youth and their parents, |
51 | about the health hazards of tobacco and discouraging the use of |
52 | tobacco: |
53 | (a) An advertising campaign using, at a minimum, Internet, |
54 | print, radio, and television advertising, funded with a minimum |
55 | of one-third of the total annual appropriation required by s. |
56 | 27, Art. X of the State Constitution. |
57 | (b) Cessation programs, including counseling and |
58 | treatment. |
59 | (c) Evaluation of the effectiveness of community and |
60 | statewide programs. |
61 | (d) Evidence-based curricula and programs, including |
62 | school-based and after-school programs, which involve youth, |
63 | educate youth about the health hazards of tobacco, help youth |
64 | develop skills to refuse tobacco, and demonstrate to youth how |
65 | to stop using tobacco. |
66 | (e) Programs of local community-based partnerships, |
67 | including programs for the prevention, detection, and early |
68 | intervention of smoking-related chronic diseases. |
69 | (f) Training of health care providers and smoking |
70 | cessation counselors. |
71 | (4) The Tobacco Education and Prevention Advisory Council |
72 | is 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, |
76 | of whom one must be a school district superintendent. |
77 | 3. The chief executive officer of the Florida Division of |
78 | the American Cancer Society, or a designee. |
79 | 4. The chief executive officer of the Greater Southeast |
80 | Affiliate of the American Heart Association, or a designee. |
81 | 5. The chief executive officer of the American Lung |
82 | Association of Florida, or a designee. |
83 | 6. Four members appointed by the Governor, of whom two |
84 | must have expertise in the field of tobacco prevention and |
85 | education or smoking cessation. |
86 | 7. Two members appointed by the President of the Senate, |
87 | of whom one must have expertise in the field of tobacco |
88 | prevention and education or smoking cessation. |
89 | 8. Two members appointed by the Speaker of the House of |
90 | Representatives, of whom one must have expertise in the field of |
91 | tobacco prevention and education or smoking cessation. |
92 | (b) The appointments shall be for a 3-year term and shall |
93 | reflect the diversity of the state's population. A vacancy shall |
94 | be filled by appointment by the original appointing authority |
95 | for the unexpired portion of the term. |
96 | (c) An appointed member may not serve more than two |
97 | consecutive terms. |
98 | (d) The council shall annually elect from its membership |
99 | one member to serve as chairperson of the council and one member |
100 | to serve as vice chairperson. |
101 | (e) The council shall meet at least quarterly and upon the |
102 | call of the chairperson. |
103 | (f) Members of the council shall serve without |
104 | compensation but may be reimbursed for per diem and travel |
105 | expenses pursuant to s. 112.061. |
106 | (g) The department shall provide council members with |
107 | information and other assistance as is reasonably necessary to |
108 | assist the council in carrying out its responsibilities. |
109 | (5) The council shall advise the Secretary of Health as to |
110 | the direction and scope of the Tobacco Education and Prevention |
111 | Program. The responsibilities of the council include, but are |
112 | not 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 |
117 | fairness, neutrality, and adherence to the principles of merit |
118 | and quality in the conduct of the program. |
119 | (e) Assisting in the development of administrative |
120 | procedures relating to solicitation, review, and award of |
121 | contracts and grants, to ensure an impartial, high-quality peer |
122 | review system. |
123 | (f) Assisting in the development and supervision of peer |
124 | review panels. |
125 | (g) Reviewing reports of peer review panels and making |
126 | recommendations for contracts and grants. |
127 | (h) Recommending meaningful outcome measures through a |
128 | regular review of tobacco prevention and education strategies |
129 | and programs of other states and the Federal Government. |
130 | (i) Recommending policies to encourage a coordinated |
131 | response to tobacco use in this state, focusing specifically on |
132 | creating partnerships within and between the public and private |
133 | sectors. |
134 | (6) Contracts and grants for the program components |
135 | described in subsection (3) shall be awarded by the Secretary of |
136 | Health, after consultation with the council, on the basis of |
137 | merit, as determined by an open, competitive, peer review |
138 | process that ensures objectivity, consistency, and high quality. |
139 | A recipient of a contract or grant for the program component |
140 | described in paragraph (3)(c) shall not be eligible for a |
141 | contract or grant award for any other program component |
142 | described in subsection (3) in the same state fiscal year. |
143 | (a) To ensure that all proposals for funding are |
144 | appropriate and are evaluated fairly on the basis of merit, the |
145 | Secretary of Health, in consultation with the council, shall |
146 | appoint a peer review panel of independent, qualified experts in |
147 | the field of tobacco control to review the content of each |
148 | proposal and establish its priority score. The priority scores |
149 | shall be forwarded to the council and must be considered in |
150 | determining which proposals shall be recommended for funding. |
151 | (b) The council and the peer review panel shall establish |
152 | and follow rigorous guidelines for ethical conduct and adhere to |
153 | a strict policy with regard to conflict of interest. A member of |
154 | the council or panel may not participate in any discussion or |
155 | decision with respect to a research proposal by any firm, |
156 | entity, or agency with which the member is associated as a |
157 | member of the governing body or as an employee or with which the |
158 | member has entered into a contractual arrangement. Meetings of |
159 | the council and the peer review panels shall be subject to the |
160 | provisions of chapter 119, s. 286.011, and s. 24, Art. I of the |
161 | State Constitution. |
162 | (c) In each contract or grant agreement, the department |
163 | shall limit the use of food and promotional items to no more |
164 | than 2.5 percent of the total amount of the contract or grant |
165 | and limit overhead or indirect costs to no more than 7.5 percent |
166 | of the total amount of the contract or grant. The department, in |
167 | consultation with the Department of Financial Services, shall |
168 | publish guidelines for appropriate food and promotional items. |
169 | (d) In each advertising contract, the department shall |
170 | limit the total of production fees, buyer commissions, and |
171 | related costs to no more than 5 percent of the total contract |
172 | amount. |
173 | (7) By January 31 of each year, the department shall |
174 | provide to the Governor, the President of the Senate, and the |
175 | Speaker of the House of Representatives a report that evaluates |
176 | the program's effectiveness in reducing and preventing tobacco |
177 | use and that recommends improvements to enhance the program's |
178 | effectiveness. The report shall contain, at a minimum, an annual |
179 | survey of youth attitudes and behavior toward tobacco, as well |
180 | as a description of the progress in reducing the prevalence of |
181 | tobacco use among youth, adults, and pregnant women, reducing |
182 | per capita tobacco consumption, and reducing exposure to |
183 | environmental tobacco smoke. |
184 | (8) From the total funds appropriated for the |
185 | Comprehensive Statewide Tobacco Education and Prevention Program |
186 | in the General Appropriations Act, an amount of up to 5 percent |
187 | may be used by the department for administrative expenses. |
188 | (9) The department may adopt rules pursuant to ss. |
189 | 120.536(1) and 120.54 necessary to implement this section. |
190 | Section 2. This act shall take effect July 1, 2007. |