Florida Senate - 2008 SB 1682

By Senator King

8-04065-08 20081682__

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A reviser's bill to be entitled

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An act relating to the Florida Statutes; amending ss.

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14.20195, 16.615, 39.001, 39.303, 110.205, 112.061,

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112.3145, 114.04, 120.80, 154.02, 154.04, 154.505,

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215.5601, 215.5602, 335.067, 377.901, 381.0057, 381.0303,

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381.0403, 381.4018, 381.7353, 381.78, 381.79, 381.84,

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381.853, 381.855, 381.86, 381.90, 381.911, 381.912,

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381.92, 381.922, 381.98, 381.983, 381.984, 381.985,

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383.14, 383.216, 383.2162, 383.336, 383.402, 385.203,

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385.210, 388.46, 391.028, 391.221, 391.223, 397.333,

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400.235, 401.23, 401.245, 401.421, 402.56, 403.862,

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406.02, 408.916, 409.352, 409.91255, 413.271, 420.622,

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456.005, 456.011, 456.012, 456.072, 456.073, 456.074,

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456.076, 457.109, 458.311, 458.313, 458.316, 458.3165,

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458.331, 458.346, 458.347, 459.0055, 459.015, 459.022,

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460.413, 461.004, 463.0055, 464.003, 464.018, 464.2085,

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466.004, 466.028, 467.003, 467.004, 468.1295, 468.1755,

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468.301, 468.314, 468.354, 468.506, 478.44, 480.042,

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483.825, 483.901, 484.042, 486.125, 487.041, 490.009,

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491.009, 499.012, 499.01211, 499.024, 499.065, 500.033,

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514.0231, 768.1326, 943.0313, and 1004.435, F.S., pursuant

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to the directive of the Legislature in s. 3, ch. 2007-40,

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Laws of Florida, to redesignate the Secretary of Health as

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the State Surgeon General wherever the term appears in the

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Florida Statutes.

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

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     Section 1.  Paragraph (b) of subsection (2) of section

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14.20195, Florida Statutes, is amended to read:

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     14.20195  Suicide Prevention Coordinating Council; creation;

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membership; duties.--There is created within the Statewide Office

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for Suicide Prevention a Suicide Prevention Coordinating Council.

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The council shall develop strategies for preventing suicide.

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     (2)  MEMBERSHIP.--The Suicide Prevention Coordinating

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Council shall consist of 28 voting members.

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     (b)  The following state officials or their designees shall

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serve on the coordinating council:

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     1.  The Secretary of Elderly Affairs.

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     2. The State Surgeon General Secretary of Health.

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     3.  The Commissioner of Education.

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     4.  The Secretary of Health Care Administration.

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     5.  The Secretary of Juvenile Justice.

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     6.  The Secretary of Corrections.

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     7.  The executive director of the Department of Law

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Enforcement.

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     8.  The executive director of the Department of Veterans'

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Affairs.

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     9.  The Secretary of Children and Family Services.

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     10.  The director of the Agency for Workforce Innovation.

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     Section 2.  Paragraph (e) of subsection (1) of section

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16.615, Florida Statutes, is amended to read:

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     16.615  Council on the Social Status of Black Men and

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Boys.--

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     (1)  The Council on the Social Status of Black Men and Boys

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is established within the Department of Legal Affairs and shall

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consist of 19 members appointed as follows:

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     (e) The State Surgeon General Secretary of Health or his or

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her designee.

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     Section 3.  Paragraph (c) of subsection (7) of section

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39.001, Florida Statutes, is amended to read:

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     39.001  Purposes and intent; personnel standards and

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screening.--

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     (7)  OFFICE OF ADOPTION AND CHILD PROTECTION.--

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     (c)  The office is authorized and directed to:

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     1.  Oversee the preparation and implementation of the state

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plan established under subsection (8) and revise and update the

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state plan as necessary.

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     2.  Provide for or make available continuing professional

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education and training in the prevention of child abuse and

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neglect.

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     3.  Work to secure funding in the form of appropriations,

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gifts, and grants from the state, the Federal Government, and

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other public and private sources in order to ensure that

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sufficient funds are available for the promotion of adoption,

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support of adoptive families, and child abuse prevention efforts.

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     4.  Make recommendations pertaining to agreements or

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contracts for the establishment and development of:

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     a.  Programs and services for the promotion of adoption,

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support of adoptive families, and prevention of child abuse and

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neglect.

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     b.  Training programs for the prevention of child abuse and

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neglect.

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     c.  Multidisciplinary and discipline-specific training

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programs for professionals with responsibilities affecting

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children, young adults, and families.

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     d.  Efforts to promote adoption.

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     e.  Postadoptive services to support adoptive families.

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     5.  Monitor, evaluate, and review the development and

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quality of local and statewide services and programs for the

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promotion of adoption, support of adoptive families, and

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prevention of child abuse and neglect and shall publish and

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distribute an annual report of its findings on or before January

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1 of each year to the Governor, the Speaker of the House of

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Representatives, the President of the Senate, the head secretary

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of each state agency affected by the report, and the appropriate

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substantive committees of the Legislature. The report shall

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include:

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     a.  A summary of the activities of the office.

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     b.  A summary of the adoption data collected and reported to

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the federal Adoption and Foster Care Analysis and Reporting

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System (AFCARS) and the federal Administration for Children and

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Families.

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     c.  A summary of the child abuse prevention data collected

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and reported to the National Child Abuse and Neglect Data System

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(NCANDS) and the federal Administration for Children and

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Families.

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     d.  A summary detailing the timeliness of the adoption

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process for children adopted from within the child welfare

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system.

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     e.  Recommendations, by state agency, for the further

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development and improvement of services and programs for the

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promotion of adoption, support of adoptive families, and

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prevention of child abuse and neglect.

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     f.  Budget requests, adoption promotion and support needs,

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and child abuse prevention program needs by state agency.

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     6.  Work with the direct-support organization established

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under s. 39.0011 to receive financial assistance.

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     Section 4.  Section 39.303, Florida Statutes, is amended to

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read:

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     39.303  Child protection teams; services; eligible

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cases.--The Children's Medical Services Program in the Department

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of Health shall develop, maintain, and coordinate the services of

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one or more multidisciplinary child protection teams in each of

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the service districts of the Department of Children and Family

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Services. Such teams may be composed of appropriate

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representatives of school districts and appropriate health,

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mental health, social service, legal service, and law enforcement

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agencies. The Legislature finds that optimal coordination of

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child protection teams and sexual abuse treatment programs

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requires collaboration between the Department of Health and the

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Department of Children and Family Services. The two departments

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shall maintain an interagency agreement that establishes

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protocols for oversight and operations of child protection teams

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and sexual abuse treatment programs. The State Surgeon General

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Secretary of Health and the Deputy Secretary for Children's

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Medical Services, in consultation with the Secretary of Children

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and Family Services, shall maintain the responsibility for the

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screening, employment, and, if necessary, the termination of

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child protection team medical directors, at headquarters and in

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the 15 districts. Child protection team medical directors shall

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be responsible for oversight of the teams in the districts.

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     (1)  The Department of Health shall utilize and convene the

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teams to supplement the assessment and protective supervision

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activities of the family safety and preservation program of the

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Department of Children and Family Services. Nothing in this

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section shall be construed to remove or reduce the duty and

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responsibility of any person to report pursuant to this chapter

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all suspected or actual cases of child abuse, abandonment, or

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neglect or sexual abuse of a child. The role of the teams shall

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be to support activities of the program and to provide services

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deemed by the teams to be necessary and appropriate to abused,

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abandoned, and neglected children upon referral. The specialized

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diagnostic assessment, evaluation, coordination, consultation,

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and other supportive services that a child protection team shall

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be capable of providing include, but are not limited to, the

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following:

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     (a)  Medical diagnosis and evaluation services, including

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provision or interpretation of X rays and laboratory tests, and

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related services, as needed, and documentation of findings

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relative thereto.

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     (b)  Telephone consultation services in emergencies and in

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other situations.

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     (c)  Medical evaluation related to abuse, abandonment, or

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neglect, as defined by policy or rule of the Department of

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Health.

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     (d)  Such psychological and psychiatric diagnosis and

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evaluation services for the child or the child's parent or

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parents, legal custodian or custodians, or other caregivers, or

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any other individual involved in a child abuse, abandonment, or

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neglect case, as the team may determine to be needed.

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     (e)  Expert medical, psychological, and related professional

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testimony in court cases.

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     (f)  Case staffings to develop treatment plans for children

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whose cases have been referred to the team. A child protection

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team may provide consultation with respect to a child who is

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alleged or is shown to be abused, abandoned, or neglected, which

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consultation shall be provided at the request of a representative

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of the family safety and preservation program or at the request

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of any other professional involved with a child or the child's

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parent or parents, legal custodian or custodians, or other

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caregivers. In every such child protection team case staffing,

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consultation, or staff activity involving a child, a family

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safety and preservation program representative shall attend and

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participate.

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     (g)  Case service coordination and assistance, including the

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location of services available from other public and private

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agencies in the community.

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     (h)  Such training services for program and other employees

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of the Department of Children and Family Services, employees of

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the Department of Health, and other medical professionals as is

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deemed appropriate to enable them to develop and maintain their

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professional skills and abilities in handling child abuse,

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abandonment, and neglect cases.

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     (i)  Educational and community awareness campaigns on child

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abuse, abandonment, and neglect in an effort to enable citizens

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more successfully to prevent, identify, and treat child abuse,

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abandonment, and neglect in the community.

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     (j)  Child protection team assessments that include, as

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appropriate, medical evaluations, medical consultations, family

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psychosocial interviews, specialized clinical interviews, or

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forensic interviews.

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All medical personnel participating on a child protection team

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must successfully complete the required child protection team

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training curriculum as set forth in protocols determined by the

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Deputy Secretary for Children's Medical Services and the

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Statewide Medical Director for Child Protection.

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     (2)  The child abuse, abandonment, and neglect reports that

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must be referred by the department to child protection teams of

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the Department of Health for an assessment and other appropriate

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available support services as set forth in subsection (1) must

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include cases involving:

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     (a)  Injuries to the head, bruises to the neck or head,

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burns, or fractures in a child of any age.

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     (b)  Bruises anywhere on a child 5 years of age or under.

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     (c)  Any report alleging sexual abuse of a child.

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     (d)  Any sexually transmitted disease in a prepubescent

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child.

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     (e)  Reported malnutrition of a child and failure of a child

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to thrive.

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     (f)  Reported medical neglect of a child.

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     (g)  Any family in which one or more children have been

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pronounced dead on arrival at a hospital or other health care

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facility, or have been injured and later died, as a result of

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suspected abuse, abandonment, or neglect, when any sibling or

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other child remains in the home.

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     (h)  Symptoms of serious emotional problems in a child when

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emotional or other abuse, abandonment, or neglect is suspected.

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     (3)  All abuse and neglect cases transmitted for

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investigation to a district by the hotline must be simultaneously

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transmitted to the Department of Health child protection team for

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review. For the purpose of determining whether face-to-face

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medical evaluation by a child protection team is necessary, all

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cases transmitted to the child protection team which meet the

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criteria in subsection (2) must be timely reviewed by:

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     (a)  A physician licensed under chapter 458 or chapter 459

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who holds board certification in pediatrics and is a member of a

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child protection team;

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     (b)  A physician licensed under chapter 458 or chapter 459

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who holds board certification in a specialty other than

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pediatrics, who may complete the review only when working under

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the direction of a physician licensed under chapter 458 or

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chapter 459 who holds board certification in pediatrics and is a

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member of a child protection team;

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     (c)  An advanced registered nurse practitioner licensed

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under chapter 464 who has a speciality in pediatrics or family

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medicine and is a member of a child protection team;

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     (d)  A physician assistant licensed under chapter 458 or

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chapter 459, who may complete the review only when working under

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the supervision of a physician licensed under chapter 458 or

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chapter 459 who holds board certification in pediatrics and is a

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member of a child protection team; or

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     (e)  A registered nurse licensed under chapter 464, who may

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complete the review only when working under the direct

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supervision of a physician licensed under chapter 458 or chapter

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459 who holds certification in pediatrics and is a member of a

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child protection team.

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     (4)  A face-to-face medical evaluation by a child protection

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team is not necessary when:

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     (a)  The child was examined for the alleged abuse or neglect

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by a physician who is not a member of the child protection team,

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and a consultation between the child protection team board-

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certified pediatrician, advanced registered nurse practitioner,

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physician assistant working under the supervision of a child

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protection team board-certified pediatrician, or registered nurse

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working under the direct supervision of a child protection team

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board-certified pediatrician, and the examining physician

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concludes that a further medical evaluation is unnecessary;

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     (b)  The child protective investigator, with supervisory

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approval, has determined, after conducting a child safety

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assessment, that there are no indications of injuries as

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described in paragraphs (2)(a)-(h) as reported; or

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     (c)  The child protection team board-certified pediatrician,

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as authorized in subsection (3), determines that a medical

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evaluation is not required.

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Notwithstanding paragraphs (a), (b), and (c), a child protection

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team pediatrician, as authorized in subsection (3), may determine

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that a face-to-face medical evaluation is necessary.

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     (5)  In all instances in which a child protection team is

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providing certain services to abused, abandoned, or neglected

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children, other offices and units of the Department of Health,

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and offices and units of the Department of Children and Family

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Services, shall avoid duplicating the provision of those

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services.

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     (6)  The Department of Health child protection team quality

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assurance program and the Department of Children and Family

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Services' Family Safety Program Office quality assurance program

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shall collaborate to ensure referrals and responses to child

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abuse, abandonment, and neglect reports are appropriate. Each

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quality assurance program shall include a review of records in

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which there are no findings of abuse, abandonment, or neglect,

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and the findings of these reviews shall be included in each

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department's quality assurance reports.

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     Section 5.  Paragraph (j) of subsection (2) of section

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110.205, Florida Statutes, is amended to read:

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     110.205  Career service; exemptions.--

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     (2)  EXEMPT POSITIONS.--The exempt positions that are not

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covered by this part include the following:

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     (j) The appointed secretaries and the State Surgeon

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General, assistant secretaries, deputy secretaries, and deputy

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assistant secretaries of all departments; the executive

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directors, assistant executive directors, deputy executive

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directors, and deputy assistant executive directors of all

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departments; the directors of all divisions and those positions

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determined by the department to have managerial responsibilities

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comparable to such positions, which positions include, but are

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not limited to, program directors, assistant program directors,

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district administrators, deputy district administrators, the

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Director of Central Operations Services of the Department of

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Children and Family Services, the State Transportation

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Development Administrator, State Public Transportation and Modal

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Administrator, district secretaries, district directors of

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transportation development, transportation operations,

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transportation support, and the managers of the offices specified

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in s. 20.23(3)(b), of the Department of Transportation. Unless

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otherwise fixed by law, the department shall set the salary and

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benefits of these positions in accordance with the rules of the

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Senior Management Service; and the county health department

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directors and county health department administrators of the

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Department of Health.

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     Section 6.  Paragraph (h) of subsection (3) of section

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112.061, Florida Statutes, is amended to read:

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     112.061  Per diem and travel expenses of public officers,

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employees, and authorized persons.--

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     (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

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     (h) The State Surgeon General secretary of the Department

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of Health or a designee may authorize travel expenses incidental

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to the rendering of medical services for and on behalf of clients

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of the Department of Health. The Department of Health may

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establish rates lower than the rate provided in this section for

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these travel expenses.

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     Section 7.  Paragraph (b) of subsection (1) of section

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112.3145, Florida Statutes, is amended to read:

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     112.3145  Disclosure of financial interests and clients

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represented before agencies.--

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     (1)  For purposes of this section, unless the context

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otherwise requires, the term:

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     (b)  "Specified state employee" means:

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     1.  Public counsel created by chapter 350, an assistant

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state attorney, an assistant public defender, a full-time state

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employee who serves as counsel or assistant counsel to any state

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agency, the Deputy Chief Judge of Compensation Claims, a judge of

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compensation claims, an administrative law judge, or a hearing

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officer.

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     2.  Any person employed in the office of the Governor or in

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the office of any member of the Cabinet if that person is exempt

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from the Career Service System, except persons employed in

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clerical, secretarial, or similar positions.

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     3. The State Surgeon General or each appointed secretary,

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assistant secretary, deputy secretary, executive director,

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assistant executive director, or deputy executive director of

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each state department, commission, board, or council; unless

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otherwise provided, the division director, assistant division

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director, deputy director, bureau chief, and assistant bureau

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chief of any state department or division; or any person having

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the power normally conferred upon such persons, by whatever

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title.

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     4.  The superintendent or institute director of a state

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mental health institute established for training and research in

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the mental health field or the warden or director of any major

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state institution or facility established for corrections,

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training, treatment, or rehabilitation.

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     5.  Business managers, purchasing agents having the power to

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make any purchase exceeding the threshold amount provided for in

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s. 287.017 for CATEGORY ONE, finance and accounting directors,

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personnel officers, or grants coordinators for any state agency.

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     6.  Any person, other than a legislative assistant exempted

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by the presiding officer of the house by which the legislative

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assistant is employed, who is employed in the legislative branch

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of government, except persons employed in maintenance, clerical,

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secretarial, or similar positions.

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     7.  Each employee of the Commission on Ethics.

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     Section 8.  Section 114.04, Florida Statutes, is amended to

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read:

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     114.04  Filling vacancies.--Except as otherwise provided in

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the State Constitution, the Governor shall fill by appointment

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any vacancy in a state, district, or county office, other than a

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member or officer of the Legislature, for the remainder of the

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term of an appointive officer and for the remainder of the term

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of an elective office, if there is less than 28 months remaining

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in the term; otherwise, until the first Tuesday after the first

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Monday following the next general election. With respect to any

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office which requires confirmation by the Senate, the person so

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appointed may hold an ad interim term of office subject to the

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provisions of s. 114.05. Each secretary or division director of a

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department of the executive branch, or the State Surgeon General,

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who is required by law to be appointed by the Governor and

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confirmed by the Senate shall serve at the pleasure of the

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Governor, unless otherwise provided by law, and the appointment

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of such person shall run concurrently with the term of the

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Governor making the appointment. In the event a Governor is

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elected to a second term of office pursuant to s. 5, Art. IV of

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the State Constitution, each secretary or division director, or

396

the State Surgeon General, so appointed shall be reappointed or,

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at the discretion of the Governor, replaced by a new appointee.

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Reappointments to the same office shall be subject to

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confirmation by the Senate as provided in s. 114.05.

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     Section 9.  Subsection (15) of section 120.80, Florida

401

Statutes, is amended to read:

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     120.80  Exceptions and special requirements; agencies.--

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     (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

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120.57(1)(a), formal hearings may not be conducted by the State

405

Surgeon General Secretary of Health, the Secretary of Health Care

406

Administration, or a board or member of a board within the

407

Department of Health or the Agency for Health Care Administration

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for matters relating to the regulation of professions, as defined

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by chapter 456. Notwithstanding s. 120.57(1)(a), hearings

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conducted within the Department of Health in execution of the

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Special Supplemental Nutrition Program for Women, Infants, and

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Children; Child Care Food Program; Children's Medical Services

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Program; the Brain and Spinal Cord Injury Program; and the

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exemption from disqualification reviews for certified nurse

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assistants program need not be conducted by an administrative law

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judge assigned by the division. The Department of Health may

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contract with the Department of Children and Family Services for

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a hearing officer in these matters.

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     Section 10.  Paragraph (c) of subsection (5) of section

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154.02, Florida Statutes, is amended to read:

421

     154.02  County Health Department Trust Fund.--

422

     (5)  At a minimum, the trust fund shall consist of:

423

     (c)  A fixed capital outlay reserve for nonrecurring

424

expenses that are needed for the renovation and expansion of

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facilities, and for the construction of new and replacement

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facilities identified by the Department of Health in conjunction

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with the board of county commissioners in their annual state-

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county contract and approved by the State Surgeon General

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secretary of the department. These funds may not be used for

430

construction projects unless there is a specific appropriation

431

included in the General Appropriations Act for this purpose.

432

     Section 11.  Paragraph (b) of subsection (1) of section

433

154.04, Florida Statutes, is amended to read:

434

     154.04  Personnel of county health departments; duties;

435

compensation.--

436

     (1)

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     (b)  The county health department director shall be a

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physician licensed under chapter 458 or chapter 459 who is

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trained in public health administration and shall be appointed by

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the State Surgeon General Secretary of Health after the

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concurrence of the boards of county commissioners of the

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respective counties. A county health department administrator

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trained in public health administration may be appointed by the

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State Surgeon General Secretary of Health after the concurrence

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of the boards of county commissioners of the respective counties.

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     Section 12.  Subsection (2) of section 154.505, Florida

447

Statutes, is amended to read:

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     154.505  Proposals; application process; minimum

449

requirements.--

450

     (2)  Applications shall be competitively reviewed by an

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independent panel appointed by the State Surgeon General

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secretary of the department. This panel shall determine the

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relative weight for scoring and evaluating each of the following

454

elements to be used in the evaluation process:

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     (a)  The target population to be served.

456

     (b)  The health benefits to be provided.

457

     (c)  The proposed service network, including specific health

458

care providers and health care facilities that will participate

459

in the service network on a paid or voluntary basis.

460

     (d)  The methods that will be used to measure cost-

461

effectiveness.

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     (e)  How patient and provider satisfaction will be measured.

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     (f)  The proposed internal quality assurance process.

464

     (g)  Projected health status outcomes.

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     (h)  The way in which data to measure the cost-

466

effectiveness, outcomes, and overall performance of the program

467

will be collected, including a description of the proposed

468

information system.

469

     (i)  All local resources, including cash, in-kind,

470

voluntary, or other resources, that will be dedicated to the

471

proposal.

472

     Section 13.  Paragraph (c) of subsection (5) and paragraph

473

(b) of subsection (6) of section 215.5601, Florida Statutes, are

474

amended to read:

475

     215.5601  Lawton Chiles Endowment Fund.--

476

     (5)  AVAILABILITY OF FUNDS; USES.--

477

     (c) The secretaries of the state agencies and the State

478

Surgeon General shall conduct meetings to discuss priorities for

479

endowment funding for health and human services programs for

480

children and elders before submitting their legislative budget

481

requests to the Executive Office of the Governor and the

482

Legislature. The purpose of the meetings is to gain consensus for

483

priority requests and recommended endowment funding levels for

484

those priority requests. No later than September 1 of each year,

485

the secretaries of the state agencies and the State Surgeon

486

General shall also submit their consensus priority requests to

487

the Lawton Chiles Endowment Fund Advisory Council created in

488

subsection (6).

489

     (6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund

490

Advisory Council is established for the purpose of reviewing the

491

funding priorities of the state agencies, evaluating their

492

requests against the mission and goals of the agencies and

493

legislative intent for the use of endowment funds, and allowing

494

for public input and advocacy.

495

     (b)  Before November 1 of each year, the advisory council

496

shall advise the Governor and the Legislature as to its

497

recommendations with respect to the priorities submitted by the

498

secretaries of the state agencies and the State Surgeon General

499

with respect to endowment funding for health and human services

500

programs for children and elders. The responsibilities of the

501

advisory council include:

502

     1.  Evaluating the value of programs and services submitted

503

by the state agencies as they relate to the overall enhancement

504

of services to children and elders;

505

     2.  Developing criteria and guiding principles for ranking

506

the priorities submitted by the state agencies;

507

     3.  Providing recommendations with respect to funding levels

508

for the programs ranked by the advisory council;

509

     4.  Participating in periodic evaluation of programs funded

510

by the endowment to determine the need for continued funding; and

511

     5.  Soliciting input from child and elder advocacy

512

organizations, community stakeholders, providers, and the public

513

with respect to statewide child and elder needs and the

514

effectiveness of program service delivery systems.

515

     Section 14.  Subsection (4), paragraph (b) of subsection

516

(5), and subsections (6) and (10) of section 215.5602, Florida

517

Statutes, are amended to read:

518

     215.5602  James and Esther King Biomedical Research

519

Program.--

520

     (4) The council shall advise the State Surgeon General

521

Secretary of Health as to the direction and scope of the

522

biomedical research program. The responsibilities of the council

523

may include, but are not limited to:

524

     (a)  Providing advice on program priorities and emphases.

525

     (b)  Providing advice on the overall program budget.

526

     (c)  Participating in periodic program evaluation.

527

     (d)  Assisting in the development of guidelines to ensure

528

fairness, neutrality, and adherence to the principles of merit

529

and quality in the conduct of the program.

530

     (e)  Assisting in the development of appropriate linkages to

531

nonacademic entities, such as voluntary organizations, health

532

care delivery institutions, industry, government agencies, and

533

public officials.

534

     (f)  Developing criteria and standards for the award of

535

research grants.

536

     (g)  Developing administrative procedures relating to

537

solicitation, review, and award of research grants and

538

fellowships, to ensure an impartial, high-quality peer review

539

system.

540

     (h)  Developing and supervising research peer review panels.

541

     (i)  Reviewing reports of peer review panels and making

542

recommendations for research grants and fellowships.

543

     (j)  Developing and providing oversight regarding mechanisms

544

for the dissemination of research results.

545

     (5)

546

     (b) Grants and fellowships shall be awarded by the State

547

Surgeon General Secretary of Health, after consultation with the

548

council, on the basis of scientific merit, as determined by an

549

open competitive peer review process that ensures objectivity,

550

consistency, and high quality. The following types of

551

applications shall be considered for funding:

552

     1.  Investigator-initiated research grants.

553

     2.  Institutional research grants.

554

     3.  Predoctoral and postdoctoral research fellowships.

555

     (6)  To ensure that all proposals for research funding are

556

appropriate and are evaluated fairly on the basis of scientific

557

merit, the State Surgeon General Secretary of Health, in

558

consultation with the council, shall appoint a peer review panel

559

of independent, scientifically qualified individuals to review

560

the scientific content of each proposal and establish its

561

scientific priority score. The priority scores shall be forwarded

562

to the council and must be considered in determining which

563

proposals shall be recommended for funding.

564

     (10)  The council shall submit an annual progress report on

565

the state of biomedical research in this state to the Florida

566

Center for Universal Research to Eradicate Disease and to the

567

Governor, the State Surgeon General Secretary of Health, the

568

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

569

Representatives by February 1. The report must include:

570

(a)  A list of research projects supported by grants or

571

fellowships awarded under the program.

572

     (b)  A list of recipients of program grants or fellowships.

573

     (c)  A list of publications in peer reviewed journals

574

involving research supported by grants or fellowships awarded

575

under the program.

576

     (d)  The total amount of biomedical research funding

577

currently flowing into the state.

578

     (e)  New grants for biomedical research which were funded

579

based on research supported by grants or fellowships awarded

580

under the program.

581

     (f)  Progress in the prevention, diagnosis, treatment, and

582

cure of diseases related to tobacco use, including cancer,

583

cardiovascular disease, stroke, and pulmonary disease.

584

     Section 15.  Subsection (5) of section 335.067, Florida

585

Statutes, is amended to read:

586

     335.067  Conserve by Bicycle Program.--There is created

587

within the Department of Transportation the Conserve by Bicycle

588

Program.

589

     (5)  By July 1, 2007, if sufficient funds are available in

590

the department's budget or from the Federal Government, the study

591

shall be completed and shall be submitted to the Governor, the

592

President of the Senate, the Speaker of the House of

593

Representatives, the Secretary of Transportation, the Secretary

594

of Environmental Protection, and the State Surgeon General

595

Secretary of Health.

596

     Section 16.  Paragraph (b) of subsection (1) of section

597

377.901, Florida Statutes, is amended to read:

598

     377.901  Florida Energy Commission.--

599

     (1)  The Florida Energy Commission is created and shall be

600

located within the Office of Legislative Services for

601

administrative purposes. The commission shall be comprised of a

602

total of nine members.

603

     (b)  The following may also attend meetings and provide

604

information and advise at the request of the chair:

605

     1.  The chair of the Florida Public Service Commission, or

606

his or her designee.

607

     2.  The Public Counsel, or his or her designee.

608

     3.  The Commissioner of Agriculture, or his or her designee.

609

     4.  The Director of the Office of Insurance Regulation, or

610

his or her designee.

611

     5. The State Surgeon General Secretary of Health, or his or

612

her designee.

613

     6.  The chair of the State Board of Education, or his or her

614

designee.

615

     7.  The Secretary of Community Affairs, or his or her

616

designee.

617

     8.  The Secretary of Transportation, or his or her designee.

618

     9.  The Secretary of Environmental Protection, or his or her

619

designee.

620

621

It is the specific intent of the Legislature that nothing in this

622

section shall in any way change the powers, duties, and

623

responsibilities of the Public Service Commission or the powers,

624

duties, and responsibilities assigned by the Florida Electrical

625

Power Plant Siting Act, ss. 403.501-403.518.

626

     Section 17.  Subsections (2) and (3) of section 381.0057,

627

Florida Statutes, are amended to read:

628

     381.0057  Funding for school health services.--

629

     (2) The State Surgeon General Secretary of Health, or his

630

or her designee, in cooperation with the Commissioner of

631

Education, or his or her designee, shall publicize the

632

availability of funds, targeting those school districts or

633

schools which have a high incidence of medically underserved

634

high-risk children, low birthweight babies, infant mortality, or

635

teenage pregnancy.

636

     (3) The State Surgeon General Secretary of Health, or his

637

or her designees, in cooperation with the Commissioner of

638

Education, or his or her designees, in equal representation,

639

shall form a joint committee to evaluate and select the school

640

districts or schools to be funded.

641

     Section 18.  Subsections (5) and (7) of section 381.0303,

642

Florida Statutes, are amended to read:

643

     381.0303  Special needs shelters.--

644

     (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The State

645

Surgeon General Secretary of Health may establish a special needs

646

shelter interagency committee and serve as, or appoint a designee

647

to serve as, the committee's chair. The department shall provide

648

any necessary staff and resources to support the committee in the

649

performance of its duties. The committee shall address and

650

resolve problems related to special needs shelters not addressed

651

in the state comprehensive emergency medical plan and shall

652

consult on the planning and operation of special needs shelters.

653

     (a)  The committee shall:

654

     1.  Develop, negotiate, and regularly review any necessary

655

interagency agreements.

656

     2.  Undertake other such activities as the department deems

657

necessary to facilitate the implementation of this section.

658

     3.  Submit recommendations to the Legislature as necessary.

659

     (b)  The special needs shelter interagency committee shall

660

be composed of representatives of emergency management, health,

661

medical, and social services organizations. Membership shall

662

include, but shall not be limited to, representatives of the

663

Departments of Health, Community Affairs, Children and Family

664

Services, Elderly Affairs, and Education; the Agency for Health

665

Care Administration; the Florida Medical Association; the Florida

666

Osteopathic Medical Association; Associated Home Health

667

Industries of Florida, Inc.; the Florida Nurses Association; the

668

Florida Health Care Association; the Florida Assisted Living

669

Affiliation; the Florida Hospital Association; the Florida

670

Statutory Teaching Hospital Council; the Florida Association of

671

Homes for the Aging; the Florida Emergency Preparedness

672

Association; the American Red Cross; Florida Hospices and

673

Palliative Care, Inc.; the Association of Community Hospitals and

674

Health Systems; the Florida Association of Health Maintenance

675

Organizations; the Florida League of Health Systems; the Private

676

Care Association; the Salvation Army; the Florida Association of

677

Aging Services Providers; the AARP; and the Florida Renal

678

Coalition.

679

     (c)  Meetings of the committee shall be held in Tallahassee,

680

and members of the committee shall serve at the expense of the

681

agencies or organizations they represent. The committee shall

682

make every effort to use teleconference or videoconference

683

capabilities in order to ensure statewide input and

684

participation.

685

     (7)  EMERGENCY MANAGEMENT PLANS.--The submission of

686

emergency management plans to county health departments by home

687

health agencies, nurse registries, hospice programs, and home

688

medical equipment providers is conditional upon receipt of an

689

appropriation by the department to establish disaster coordinator

690

positions in county health departments unless the State Surgeon

691

General secretary of the department and a local county commission

692

jointly determine to require that such plans be submitted based

693

on a determination that there is a special need to protect public

694

health in the local area during an emergency.

695

     Section 19.  Paragraph (c) of subsection (6) and subsection

696

(9) of section 381.0403, Florida Statutes, are amended to read:

697

     381.0403  The Community Hospital Education Act.--

698

     (6)  COUNCIL AND DIRECTOR.--

699

     (c) The State Surgeon General secretary of the Department

700

of Health shall designate an administrator to serve as staff

701

director. The council shall elect a chair from among its

702

membership. Such other personnel as may be necessary to carry out

703

the program shall be employed as authorized by the Department of

704

Health.

705

     (9)  ANNUAL REPORT ON GRADUATE MEDICAL EDUCATION;

706

COMMITTEE.--The Executive Office of the Governor, the Department

707

of Health, and the Agency for Health Care Administration shall

708

collaborate to establish a committee that shall produce an annual

709

report on graduate medical education. The committee shall be

710

comprised of 11 members: five members shall be deans of the

711

medical schools or their designees; the Governor shall appoint

712

two members, one of whom must be a representative of the Florida

713

Medical Association who has supervised or currently supervises

714

residents or interns and one of whom must be a representative of

715

the Florida Hospital Association; the Secretary of Health Care

716

Administration shall appoint two members, one of whom must be a

717

representative of a statutory teaching hospital and one of whom

718

must be a physician who has supervised or is currently

719

supervising residents or interns; and the State Surgeon General

720

Secretary of Health shall appoint two members, one of whom must

721

be a representative of a statutory family practice teaching

722

hospital and one of whom must be a physician who has supervised

723

or is currently supervising residents or interns. With the

724

exception of the deans, members shall serve 4-year terms. In

725

order to stagger the terms, the Governor's appointees shall serve

726

initial terms of 4 years, the State Surgeon General's Secretary

727

of Health's appointees shall serve initial terms of 3 years, and

728

the Secretary of Health Care Administration's appointees shall

729

serve initial terms of 2 years. A member's term shall be deemed

730

terminated when the member's representative status no longer

731

exists. Once the committee is appointed, it shall elect a chair

732

to serve for a 1-year term. The report shall be provided to the

733

Governor, the President of the Senate, and the Speaker of the

734

House of Representatives by January 15 annually. Committee

735

members shall serve without compensation. The report shall

736

address the following:

737

     (a)  The role of residents and medical faculty in the

738

provision of health care.

739

     (b)  The relationship of graduate medical education to the

740

state's physician workforce.

741

     (c)  The costs of training medical residents for hospitals,

742

medical schools, teaching hospitals, including all hospital-

743

medical affiliations, practice plans at all of the medical

744

schools, and municipalities.

745

     (d)  The availability and adequacy of all sources of revenue

746

to support graduate medical education and recommend alternative

747

sources of funding for graduate medical education.

748

     (e)  The use of state and federal appropriated funds for

749

graduate medical education by hospitals receiving such funds.

750

     Section 20.  Paragraphs (g) and (h) of subsection (3) of

751

section 381.4018, Florida Statutes, are amended to read:

752

     381.4018  Physician workforce assessment and development.--

753

     (3)  GENERAL FUNCTIONS.--The department shall maximize the

754

use of existing programs under the jurisdiction of the department

755

and other state agencies and coordinate governmental and

756

nongovernmental stakeholders and resources in order to develop a

757

state strategic plan and assess the implementation of such

758

strategic plan. In developing the state strategic plan, the

759

department shall:

760

     (g)  Coordinate and enhance activities relative to physician

761

workforce needs, undergraduate medical education, and graduate

762

medical education provided by the Division of Medical Quality

763

Assurance, the Community Hospital Education Program and the

764

Graduate Medical Education Committee established pursuant to s.

765

381.0403, area health education center networks established

766

pursuant to s. 381.0402, and other offices and programs within

767

the Department of Health as designated by the State Surgeon

768

General secretary.

769

     (h)  Work in conjunction with and act as a coordinating body

770

for governmental and nongovernmental stakeholders to address

771

matters relating to the state's physician workforce assessment

772

and development for the purpose of ensuring an adequate supply of

773

well-trained physicians to meet the state's future needs. Such

774

governmental stakeholders shall include, but need not be limited

775

to, the State Surgeon General Secretary of Health or his or her

776

designee, the Commissioner of Education or his or her designee,

777

the Secretary of Health Care Administration or his or her

778

designee, and the Chancellor of the State University System or

779

his or her designee from the Board of Governors of the State

780

University System, and, at the discretion of the department,

781

other representatives of state and local agencies that are

782

involved in assessing, educating, or training the state's current

783

or future physicians. Other stakeholders shall include, but need

784

not be limited to, organizations representing the state's public

785

and private allopathic and osteopathic medical schools;

786

organizations representing hospitals and other institutions

787

providing health care, particularly those that have an interest

788

in providing accredited medical education and graduate medical

789

education to medical students and medical residents;

790

organizations representing allopathic and osteopathic practicing

791

physicians; and, at the discretion of the department,

792

representatives of other organizations or entities involved in

793

assessing, educating, or training the state's current or future

794

physicians.

795

     Section 21.  Subsection (3) of section 381.7353, Florida

796

Statutes, is amended to read:

797

     381.7353  Reducing Racial and Ethnic Health Disparities:

798

Closing the Gap grant program; administration; department

799

duties.--

800

     (3) Pursuant to s. 20.43(6), the State Surgeon General

801

secretary may appoint an ad hoc advisory committee to: examine

802

areas where public awareness, public education, research, and

803

coordination regarding racial and ethnic health outcome

804

disparities are lacking; consider access and transportation

805

issues which contribute to health status disparities; and make

806

recommendations for closing gaps in health outcomes and

807

increasing the public's awareness and understanding of health

808

disparities that exist between racial and ethnic populations.

809

     Section 22.  Subsections (2) and (7) of section 381.78,

810

Florida Statutes, are amended to read:

811

     381.78  Advisory council on brain and spinal cord

812

injuries.--

813

     (2)  Members of the council shall be appointed to serve by

814

the State Surgeon General Secretary of Health. All members' terms

815

shall be for 4 years. An individual may not serve more than two

816

terms. Any council member who is unwilling or unable to properly

817

fulfill the duties of the office shall be succeeded by an

818

individual chosen by the State Surgeon General secretary to serve

819

out the unexpired balance of the replaced council member's term.

820

If the unexpired balance of the replaced council member's term is

821

less than 18 months, then, notwithstanding the provisions of this

822

subsection, the succeeding council member may be reappointed by

823

the State Surgeon General secretary twice.

824

     (7)  A member of the advisory council may be removed from

825

office by the State Surgeon General Secretary of Health for

826

malfeasance, misfeasance, neglect of duty, incompetence, or

827

permanent inability to perform official duties or for pleading

828

nolo contendere to, or being found guilty of, a crime.

829

Malfeasance includes, but is not limited to, a violation of any

830

specific prohibition within this part.

831

     Section 23.  Subsection (4) of section 381.79, Florida

832

Statutes, is amended to read:

833

     381.79  Brain and Spinal Cord Injury Program Trust Fund.--

834

     (4)  The Board of Governors of the State University System

835

shall establish a program administration process which shall

836

include: an annual prospective program plan with goals, research

837

design, proposed outcomes, a proposed budget, an annual report of

838

research activities and findings, and an annual end-of-year

839

financial statement. Prospective program plans shall be submitted

840

to the Board of Governors, and funds shall be released upon

841

acceptance of the proposed program plans. The annual report of

842

research activities and findings shall be submitted to the Board

843

of Governors, with the executive summaries submitted to the

844

President of the Senate, the Speaker of the House of

845

Representatives, and the State Surgeon General Secretary of

846

Health.

847

     Section 24.  Paragraph (a) of subsection (4) and subsections

848

(5) and (6) of section 381.84, Florida Statutes, are amended to

849

read:

850

     381.84  Comprehensive Statewide Tobacco Education and Use

851

Prevention Program.--

852

     (4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND

853

MEETINGS.--The Tobacco Education and Use Prevention Advisory

854

Council is created within the department.

855

     (a)  The council shall consist of 23 members, including:

856

     1. The State Surgeon General Secretary of Health, who shall

857

serve as the chairperson.

858

     2.  One county health department director, appointed by the

859

State Surgeon General Secretary of Health.

860

     3.  Two members appointed by the Commissioner of Education,

861

of whom one must be a school district superintendent.

862

     4.  The chief executive officer of the Florida Division of

863

the American Cancer Society, or his or her designee.

864

     5.  The chief executive officer of the Greater Southeast

865

Affiliate of the American Heart Association, or his or her

866

designee.

867

     6.  The chief executive officer of the American Lung

868

Association of Florida, or his or her designee.

869

     7.  The dean of the University of Miami School of Medicine,

870

or his or her designee.

871

     8.  The dean of the University of Florida College of

872

Medicine, or his or her designee.

873

     9.  The dean of the University of South Florida College of

874

Medicine, or his or her designee.

875

     10.  The dean of the Florida State University College of

876

Medicine, or his or her designee.

877

     11.  The dean of Nova Southeastern College of Osteopathic

878

Medicine, or his or her designee.

879

     12.  The dean of the Lake Erie College of Osteopathic

880

Medicine in Bradenton, Florida, or his or her designee.

881

     13.  The chief executive officer of the Campaign for Tobacco

882

Free Kids, or his or her designee.

883

     14.  The chief executive officer of the Legacy Foundation,

884

or his or her designee.

885

     15.  Four members appointed by the Governor, of whom two

886

must have expertise in the field of tobacco-use prevention and

887

education or smoking cessation and one individual who shall be

888

between the ages of 16 and 21 at the time of his or her

889

appointment.

890

     16.  Two members appointed by the President of the Senate,

891

of whom one must have expertise in the field of tobacco-use

892

prevention and education or smoking cessation.

893

     17.  Two members appointed by the Speaker of the House of

894

Representatives, of whom one must have expertise in the field of

895

tobacco-use prevention and education or smoking cessation.

896

     (5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council shall

897

advise the State Surgeon General Secretary of Health as to the

898

direction and scope of the Comprehensive Statewide Tobacco

899

Education and Use Prevention Program. The responsibilities of the

900

council include, but are not limited to:

901

     (a)  Providing advice on program priorities and emphases.

902

     (b)  Providing advice on the overall program budget.

903

     (c)  Providing advice on copyrighted material, trademark,

904

and future transactions as they pertain to the tobacco education

905

and use prevention program.

906

     (d)  Reviewing broadcast material prepared for the Internet,

907

portable media players, radio, and television as it relates to

908

the advertising component of the tobacco education and use

909

prevention program.

910

     (e)  Participating in periodic program evaluation.

911

     (f)  Assisting in the development of guidelines to ensure

912

fairness, neutrality, and adherence to the principles of merit

913

and quality in the conduct of the program.

914

     (g)  Assisting in the development of administrative

915

procedures relating to solicitation, review, and award of

916

contracts and grants in order to ensure an impartial, high-

917

quality peer review system.

918

     (h)  Assisting in the development and supervision of peer

919

review panels.

920

     (i)  Reviewing reports of peer review panels and making

921

recommendations for contracts and grants.

922

     (j)  Reviewing the activities and evaluating the performance

923

of the AHEC network to avoid duplicative efforts using state

924

funds.

925

     (k)  Recommending meaningful outcome measures through a

926

regular review of tobacco-use prevention and education strategies

927

and programs of other states and the Federal Government.

928

     (l)  Recommending policies to encourage a coordinated

929

response to tobacco use in this state, focusing specifically on

930

creating partnerships within and between the public and private

931

sectors.

932

     (6)  CONTRACT REQUIREMENTS.--Contracts or grants for the

933

program components or subcomponents described in paragraphs

934

(3)(a)-(f) shall be awarded by the State Surgeon General

935

Secretary of Health, after consultation with the council, on the

936

basis of merit, as determined by an open, competitive, peer-

937

reviewed process that ensures objectivity, consistency, and high

938

quality. The department shall award such grants or contracts no

939

later than October 1 for each fiscal year. A recipient of a

940

contract or grant for the program component described in

941

paragraph (3)(c) is not eligible for a contract or grant award

942

for any other program component described in subsection (3) in

943

the same state fiscal year. A school or college of medicine that

944

is represented on the council is not eligible to receive a

945

contract or grant under this section. For the 2007-2008 and 2008-

946

2009 fiscal years only, the department shall award a contract or

947

grant in the amount of $10 million to the AHEC network for the

948

purpose of developing the components described in paragraph

949

(3)(i). The AHEC network may apply for a competitive contract or

950

grant after the 2008-2009 fiscal year.

951

     (a)  In order to ensure that all proposals for funding are

952

appropriate and are evaluated fairly on the basis of merit, the

953

State Surgeon General Secretary of Health, in consultation with

954

the council, shall appoint a peer review panel of independent,

955

qualified experts in the field of tobacco control to review the

956

content of each proposal and establish its priority score. The

957

priority scores shall be forwarded to the council and must be

958

considered in determining which proposals will be recommended for

959

funding.

960

     (b)  The council and the peer review panel shall establish

961

and follow rigorous guidelines for ethical conduct and adhere to

962

a strict policy with regard to conflicts of interest. A member of

963

the council or panel may not participate in any discussion or

964

decision with respect to a research proposal by any firm, entity,

965

or agency with which the member is associated as a member of the

966

governing body or as an employee or with which the member has

967

entered into a contractual arrangement. Meetings of the council

968

and the peer review panels are subject to chapter 119, s.

969

286.011, and s. 24, Art. I of the State Constitution.

970

     (c)  In each contract or grant agreement, the department

971

shall limit the use of food and promotional items to no more than

972

2.5 percent of the total amount of the contract or grant and

973

limit overhead or indirect costs to no more than 7.5 percent of

974

the total amount of the contract or grant. The department, in

975

consultation with the Department of Financial Services, shall

976

publish guidelines for appropriate food and promotional items.

977

     (d)  In each advertising contract, the department shall

978

limit the total of production fees, buyer commissions, and

979

related costs to no more than 10 percent of the total contract

980

amount.

981

     (e)  Notwithstanding the competitive process for contracts

982

prescribed in this subsection, each county health department is

983

eligible for core funding, on a per capita basis, to implement

984

tobacco education and use prevention activities within that

985

county.

986

     Section 25.  Paragraph (f) of subsection (4) and paragraph

987

(a) of subsection (5) of section 381.853, Florida Statutes, are

988

amended to read:

989

     381.853  Florida Center for Brain Tumor Research.--

990

     (4)  The Florida Center for Brain Tumor Research is

991

established within the Evelyn F. and William L. McKnight Brain

992

Institute of the University of Florida.

993

     (f)  The center shall submit an annual report to the

994

Governor, the President of the Senate, the Speaker of the House

995

of Representatives, and the State Surgeon General Secretary of

996

Health no later than January 15 that contains recommendations for

997

legislative changes necessary to foster a positive climate for

998

the pursuit of brain tumor research and the development of

999

treatment modalities in the state.

1000

     (5)  There is established within the center a scientific

1001

advisory council that includes biomedical researchers,

1002

physicians, clinicians, and representatives from public and

1003

private universities and hospitals. The council shall meet at

1004

least annually.

1005

     (a)  The council shall consist of:

1006

     1.  Two members from the Florida Center for Brain Tumor

1007

Research within the Evelyn F. and William L. McKnight Brain

1008

Institute of the University of Florida appointed by the Governor.

1009

     2.  Two members from the Scripps Research Institute, one of

1010

whom must have expertise in basic brain tumor research, appointed

1011

by the Speaker of the House of Representatives.

1012

     3.  Two members from other public and private universities

1013

and institutions directly involved in brain tumor research

1014

appointed by the President of the Senate.

1015

     4.  One member from the Mayo Clinic in Jacksonville who is

1016

directly involved in the treatment of brain tumor patients or who

1017

has expertise in basic brain tumor research appointed by the

1018

State Surgeon General Secretary of Health.

1019

     5.  Two members from the Cleveland Clinic in Florida who are

1020

directly involved in basic brain tumor research appointed by the

1021

Governor.

1022

     6.  One member from the H. Lee Moffitt Cancer Center and

1023

Research Institute who is directly involved in the treatment of

1024

brain tumor patients or who has expertise in basic brain tumor

1025

research appointed by the Speaker of the House of

1026

Representatives.

1027

     7.  One member from the M. D. Anderson Cancer Center Orlando

1028

who is directly involved in the treatment of brain tumor patients

1029

or who has expertise in basic brain tumor research appointed by

1030

the President of the Senate.

1031

     Section 26.  Paragraph (a) of subsection (5) of section

1032

381.855, Florida Statutes, is amended to read:

1033

     381.855  Florida Center for Universal Research to Eradicate

1034

Disease.--

1035

     (5)  There is established within the center an advisory

1036

council that shall meet at least annually.

1037

     (a)  The council shall consist of one representative from a

1038

Florida not-for-profit institution engaged in basic and clinical

1039

biomedical research and education which receives more than $10

1040

million in annual grant funding from the National Institutes of

1041

Health, to be appointed by the State Surgeon General Secretary of

1042

Health from a different institution each term, and one

1043

representative from and appointed by each of the following

1044

entities:

1045

     1.  Enterprise Florida, Inc.

1046

     2.  BioFlorida.

1047

     3.  The Biomedical Research Advisory Council.

1048

     4.  The Florida Medical Foundation.

1049

     5.  Pharmaceutical Research and Manufacturers of America.

1050

     6.  The Florida Cancer Council.

1051

     7.  The American Cancer Society, Florida Division, Inc.

1052

     8.  The American Heart Association.

1053

     9.  The American Lung Association of Florida.

1054

     10.  The American Diabetes Association, South Coastal

1055

Region.

1056

     11.  The Alzheimer's Association.

1057

     12.  The Epilepsy Foundation.

1058

     13.  The National Parkinson Foundation.

1059

     14.  The Florida Public Health Foundation, Inc.

1060

     15.  The Florida Research Consortium.

1061

     Section 27.  Subsections (2) and (3) of section 381.86,

1062

Florida Statutes, are amended to read:

1063

     381.86  Institutional Review Board.--

1064

     (2) Consistent with federal requirements, the State Surgeon

1065

General Secretary of Health shall determine and appoint the

1066

membership of the board and designate its chair.

1067

     (3)  The department's Institutional Review Board may serve

1068

as an institutional review board for other agencies at the

1069

discretion of the State Surgeon General secretary.

1070

     Section 28.  Paragraph (a) of subsection (3) of section

1071

381.90, Florida Statutes, is amended to read:

1072

     381.90  Health Information Systems Council; legislative

1073

intent; creation, appointment, duties.--

1074

     (3)  The council shall be composed of the following members

1075

or their senior executive-level designees:

1076

     (a) The State Surgeon General Secretary of Health;

1077

1078

Representatives of the Federal Government may serve without

1079

voting rights.

1080

     Section 29.  Paragraph (a) of subsection (3) of section

1081

381.911, Florida Statutes, is amended to read:

1082

     381.911  Prostate Cancer Awareness Program.--

1083

     (3)  A prostate cancer advisory committee is created to

1084

advise and assist the Department of Health and the Florida Public

1085

Health Foundation, Inc., in implementing the program.

1086

     (a) The State Surgeon General Secretary of Health shall

1087

appoint the advisory committee members, who shall consist of:

1088

     1.  Three persons from prostate cancer survivor groups or

1089

cancer-related advocacy groups.

1090

     2.  Three persons who are scientists or clinicians from

1091

public universities or research organizations.

1092

     3.  Three persons who are engaged in the practice of a

1093

cancer-related medical specialty from health organizations

1094

committed to cancer research and control.

1095

     Section 30.  Paragraph (a) of subsection (3) of section

1096

381.912, Florida Statutes, is amended to read:

1097

     381.912  Cervical Cancer Elimination Task Force.--

1098

     (3)  The task force shall consist of:

1099

     (a)  The director of the Department of Health's Division of

1100

Disease Control or another person with expertise in epidemiology

1101

who shall serve as chair, appointed by the State Surgeon General

1102

Secretary of Health.

1103

     Section 31.  Paragraph (c) of subsection (2) of section

1104

381.92, Florida Statutes, is amended to read:

1105

     381.92  Florida Cancer Council.--

1106

     (2)

1107

     (c)  The members of the council shall consist of:

1108

     1.  Chair of the Florida Dialogue on Cancer, who shall serve

1109

as the chair of the council;

1110

     2. State Surgeon General secretary of the Department of

1111

Health or his or her designee;

1112

     3.  Chief Executive Officer of the H. Lee Moffitt Cancer

1113

Center or his or her designee;

1114

     4.  Director of the University of Florida Shands Cancer

1115

Center or his or her designee;

1116

     5.  Chief Executive Officer of the University of Miami

1117

Sylvester Comprehensive Cancer Center or his or her designee;

1118

     6.  Chief Executive Officer of the Mayo Clinic,

1119

Jacksonville, or his or her designee;

1120

     7.  Chief Executive Officer of the American Cancer Society,

1121

Florida Division, Inc., or his or her designee;

1122

     8.  President of the American Cancer Society, Florida

1123

Division, Inc., Board of Directors or his or her designee;

1124

     9.  President of the Florida Society of Clinical Oncology or

1125

his or her designee;

1126

     10.  President of the American College of Surgeons, Florida

1127

Chapter, or his or her designee;

1128

     11.  Chief Executive Officer of Enterprise Florida, Inc., or

1129

his or her designee;

1130

     12.  Five representatives from cancer programs approved by

1131

the American College of Surgeons. Three shall be appointed by the

1132

Governor, one shall be appointed by the Speaker of the House of

1133

Representatives, and one shall be appointed by the President of

1134

the Senate;

1135

     13.  One member of the House of Representatives, to be

1136

appointed by the Speaker of the House of Representatives; and

1137

     14.  One member of the Senate, to be appointed by the

1138

President of the Senate.

1139

     Section 32.  Paragraphs (a) and (b) of subsection (3) of

1140

section 381.922, Florida Statutes, are amended to read:

1141

     381.922  William G. "Bill" Bankhead, Jr., and David Coley

1142

Cancer Research Program.--

1143

     (3)(a)  Applications for funding for cancer research may be

1144

submitted by any university or established research institute in

1145

the state. All qualified investigators in the state, regardless

1146

of institutional affiliation, shall have equal access and

1147

opportunity to compete for the research funding. Collaborative

1148

proposals, including those that advance the program's goals

1149

enumerated in subsection (2), may be given preference. Grants

1150

shall be awarded by the State Surgeon General Secretary of

1151

Health, after consultation with the Biomedical Research Advisory

1152

Council, on the basis of scientific merit, as determined by an

1153

open, competitive peer review process that ensures objectivity,

1154

consistency, and high quality. The following types of

1155

applications shall be considered for funding:

1156

     1.  Investigator-initiated research grants.

1157

     2.  Institutional research grants.

1158

     3.  Collaborative research grants, including those that

1159

advance the finding of cures through basic or applied research.

1160

     (b)  In order to ensure that all proposals for research

1161

funding are appropriate and are evaluated fairly on the basis of

1162

scientific merit, the State Surgeon General Secretary of Health,

1163

in consultation with the council, shall appoint a peer review

1164

panel of independent, scientifically qualified individuals to

1165

review the scientific content of each proposal and establish its

1166

priority score. The priority scores shall be forwarded to the

1167

council and must be considered in determining which proposals

1168

shall be recommended for funding.

1169

     Section 33.  Paragraph (a) of subsection (6) of section

1170

381.98, Florida Statutes, is amended to read:

1171

     381.98  The Florida Public Health Foundation, Inc.;

1172

establishment; purpose; mission; duties; board of directors.--

1173

     (6)  The affairs of the corporation shall be managed by an

1174

executive director appointed by a board of directors consisting

1175

of:

1176

     (a) The State Surgeon General Secretary of Health or his or

1177

her designee.

1178

     Section 34. Subsection (9) of section 381.983, Florida

1179

Statutes, is repealed.

1180

     Section 35.  Subsections (2) and (3) of section 381.984,

1181

Florida Statutes, are amended to read:

1182

     381.984  Educational programs.--

1183

     (2)  PUBLIC INFORMATION INITIATIVE.--The Governor, in

1184

conjunction with the State Surgeon General Secretary of Health

1185

and his or her designee, shall sponsor a series of public service

1186

announcements on radio, television, the Internet, and print media

1187

about the nature of lead-based-paint hazards, the importance of

1188

standards for lead poisoning prevention in properties, and the

1189

purposes and responsibilities set forth in this act. In

1190

developing and coordinating this public information initiative,

1191

the sponsors shall seek the participation and involvement of

1192

private industry organizations, including those involved in real

1193

estate, insurance, mortgage banking, and pediatrics.

1194

     (3)  DISTRIBUTION OF LITERATURE ABOUT CHILDHOOD LEAD

1195

POISONING.--By January 1, 2007, the State Surgeon General

1196

Secretary of Health or his or her designee shall develop

1197

culturally and linguistically appropriate information pamphlets

1198

regarding childhood lead poisoning, the importance of testing for

1199

elevated blood-lead levels, prevention of childhood lead

1200

poisoning, treatment of childhood lead poisoning, and, where

1201

appropriate, the requirements of this act. These information

1202

pamphlets shall be distributed to parents or the other legal

1203

guardians of children 6 years of age or younger on the following

1204

occasions:

1205

     (a)  By a health care provider at the time of a child's

1206

birth and at the time of any childhood immunization or

1207

vaccination unless it is established that such information

1208

pamphlet has been provided previously to the parent or legal

1209

guardian by the health care provider within the prior 12 months.

1210

     (b)  By the owner or operator of any child care facility or

1211

preschool or kindergarten class on or before October 15 of the

1212

calendar year.

1213

     Section 36.  Section 381.985, Florida Statutes, is amended

1214

to read:

1215

     381.985  Screening program.--

1216

     (1) The State Surgeon General secretary shall establish a

1217

program for early identification of persons at risk of having

1218

elevated blood-lead levels. Such program shall systematically

1219

screen children under 6 years of age in the target populations

1220

identified in subsection (2) for the presence of elevated blood-

1221

lead levels. Children within the specified target populations

1222

shall be screened with a blood-lead test at age 12 months and age

1223

24 months, or between the ages of 36 months and 72 months if they

1224

have not previously been screened. The State Surgeon General

1225

secretary shall, after consultation with recognized professional

1226

medical groups and such other sources as the State Surgeon

1227

General secretary deems appropriate, promulgate rules

1228

establishing:

1229

     (a)  The means by which and the intervals at which such

1230

children under 6 years of age shall be screened for lead

1231

poisoning and elevated blood-lead levels.

1232

     (b)  Guidelines for the medical followup on children found

1233

to have elevated blood-lead levels.

1234

     (2)  In developing screening programs to identify persons at

1235

risk with elevated blood-lead levels, priority shall be given to

1236

persons within the following categories:

1237

     (a)  All children enrolled in the Medicaid program at ages

1238

12 months and 24 months, or between the ages of 36 months and 72

1239

months if they have not previously been screened.

1240

     (b)  Children under the age of 6 years exhibiting delayed

1241

cognitive development or other symptoms of childhood lead

1242

poisoning.

1243

     (c)  Persons at risk residing in the same household, or

1244

recently residing in the same household, as another person at

1245

risk with a blood-lead level of 10 ug/dL or greater.

1246

     (d)  Persons at risk residing, or who have recently resided,

1247

in buildings or geographical areas in which significant numbers

1248

of cases of lead poisoning or elevated blood-lead levels have

1249

recently been reported.

1250

     (e)  Persons at risk residing, or who have recently resided,

1251

in an affected property contained in a building that during the

1252

preceding 3 years has been subject to enforcement for violations

1253

of lead-poisoning-prevention statutes, ordinances, rules, or

1254

regulations as specified by the State Surgeon General secretary.

1255

     (f)  Persons at risk residing, or who have recently resided,

1256

in a room or group of rooms contained in a building whose owner

1257

also owns a building containing affected properties which during

1258

the preceding 3 years has been subject to an enforcement action

1259

for a violation of lead-poisoning-prevention statutes,

1260

ordinances, rules, or regulations.

1261

     (g)  Persons at risk residing in other buildings or

1262

geographical areas in which the State Surgeon General secretary

1263

reasonably determines there to be a significant risk of affected

1264

individuals having a blood-lead level of 10 ug/dL or greater.

1265

     (3) The State Surgeon General secretary shall maintain

1266

comprehensive records of all screenings conducted pursuant to

1267

this section. Such records shall be indexed geographically and by

1268

owner in order to determine the location of areas of relatively

1269

high incidence of lead poisoning and other elevated blood-lead

1270

levels.

1271

1272

All cases or probable cases of lead poisoning found in the course

1273

of screenings conducted pursuant to this section shall be

1274

reported to the affected individual, to his or her parent or

1275

legal guardian if he or she is a minor, and to the State Surgeon

1276

General secretary.

1277

     Section 37.  Subsection (5) of section 383.14, Florida

1278

Statutes, is amended to read:

1279

     383.14  Screening for metabolic disorders, other hereditary

1280

and congenital disorders, and environmental risk factors.--

1281

     (5)  ADVISORY COUNCIL.--There is established a Genetics and

1282

Newborn Screening Advisory Council made up of 15 members

1283

appointed by the State Surgeon General Secretary of Health. The

1284

council shall be composed of two consumer members, three

1285

practicing pediatricians, at least one of whom must be a

1286

pediatric hematologist, one representative from each of the four

1287

medical schools in the state, the State Surgeon General Secretary

1288

of Health or his or her designee, one representative from the

1289

Department of Health representing Children's Medical Services,

1290

one representative from the Florida Hospital Association, one

1291

individual with experience in newborn screening programs, one

1292

individual representing audiologists, and one representative from

1293

the Agency for Persons with Disabilities. All appointments shall

1294

be for a term of 4 years. The chairperson of the council shall be

1295

elected from the membership of the council and shall serve for a

1296

period of 2 years. The council shall meet at least semiannually

1297

or upon the call of the chairperson. The council may establish ad

1298

hoc or temporary technical advisory groups to assist the council

1299

with specific topics which come before the council. Council

1300

members shall serve without pay. Pursuant to the provisions of s.

1301

112.061, the council members are entitled to be reimbursed for

1302

per diem and travel expenses. It is the purpose of the council to

1303

advise the department about:

1304

     (a)  Conditions for which testing should be included under

1305

the screening program and the genetics program.

1306

     (b)  Procedures for collection and transmission of specimens

1307

and recording of results.

1308

     (c)  Methods whereby screening programs and genetics

1309

services for children now provided or proposed to be offered in

1310

the state may be more effectively evaluated, coordinated, and

1311

consolidated.

1312

     Section 38.  Subsection (6) of section 383.216, Florida

1313

Statutes, is amended to read:

1314

     383.216  Community-based prenatal and infant health care.--

1315

     (6)  Prenatal and infant health care coalitions may be

1316

established for single counties or for services delivery

1317

catchment areas. A prenatal and infant health care coalition

1318

shall be initiated at the local level on a voluntary basis. Once

1319

a coalition has been organized locally and includes the

1320

membership specified in subsection (5), the coalition must submit

1321

a list of its members to the State Surgeon General Secretary of

1322

Health to carry out the responsibilities outlined in this

1323

section.

1324

     Section 39.  Subsection (7) of section 383.2162, Florida

1325

Statutes, is amended to read:

1326

     383.2162  Black infant health practice initiative.--

1327

     (7)  EVALUATIONS AND REPORTS.--The department shall conduct

1328

an annual evaluation of the implementation of the initiative

1329

describing which areas are participating in the initiative, the

1330

number of reviews conducted by each participating coalition,

1331

grant balances, and recommendations for modifying the initiative.

1332

All participating coalitions shall produce a report on their

1333

collective findings and recommendations by January 1, 2010, to

1334

the Governor, the President of the Senate, the Speaker of the

1335

House of Representatives, and the State Surgeon General Secretary

1336

of Health.

1337

     Section 40.  Subsection (2) of section 383.336, Florida

1338

Statutes, is amended to read:

1339

     383.336  Provider hospitals; practice parameters; peer

1340

review board.--

1341

     (2) The Office of the State Surgeon General Secretary of

1342

Health, in consultation with the Board of Medicine and the

1343

Florida Obstetric and Gynecologic Society, is directed to

1344

establish practice parameters to be followed by physicians in

1345

provider hospitals in performance of a caesarean section delivery

1346

when the delivery will be paid partly or fully by state funds or

1347

federal funds administered by the state. These parameters shall

1348

be directed to reduce the number of unnecessary caesarean section

1349

deliveries. These practice parameters shall address, at a

1350

minimum, the following: feasibility of attempting a vaginal

1351

delivery for each patient with a prior caesarean section;

1352

dystocia, including arrested dilation and prolonged deceleration

1353

phase; fetal distress; and fetal malposition. The Department of

1354

Health shall adopt rules to implement the provisions of this

1355

subsection.

1356

     Section 41.  Subsections (2), (4), (6), and (17) of section

1357

383.402, Florida Statutes, are amended to read:

1358

     383.402  Child abuse death review; State Child Abuse Death

1359

Review Committee; local child abuse death review committees.--

1360

     (2)(a)  The State Child Abuse Death Review Committee is

1361

established within the Department of Health and shall consist of

1362

a representative of the Department of Health, appointed by the

1363

State Surgeon General Secretary of Health, who shall serve as the

1364

state committee coordinator. The head of each of the following

1365

agencies or organizations shall also appoint a representative to

1366

the state committee:

1367

     1.  The Department of Legal Affairs.

1368

     2.  The Department of Children and Family Services.

1369

     3.  The Department of Law Enforcement.

1370

     4.  The Department of Education.

1371

     5.  The Florida Prosecuting Attorneys Association, Inc.

1372

     6.  The Florida Medical Examiners Commission, whose

1373

representative must be a forensic pathologist.

1374

     (b) In addition, the State Surgeon General Secretary of

1375

Health shall appoint the following members to the state

1376

committee, based on recommendations from the Department of Health

1377

and the agencies listed in paragraph (a), and ensuring that the

1378

committee represents the regional, gender, and ethnic diversity

1379

of the state to the greatest extent possible:

1380

     1.  A board-certified pediatrician.

1381

     2.  A public health nurse.

1382

     3.  A mental health professional who treats children or

1383

adolescents.

1384

     4.  An employee of the Department of Children and Family

1385

Services who supervises family services counselors and who has at

1386

least 5 years of experience in child protective investigations.

1387

     5.  The medical director of a child protection team.

1388

     6.  A member of a child advocacy organization.

1389

     7.  A social worker who has experience in working with

1390

victims and perpetrators of child abuse.

1391

     8.  A person trained as a paraprofessional in patient

1392

resources who is employed in a child abuse prevention program.

1393

     9.  A law enforcement officer who has at least 5 years of

1394

experience in children's issues.

1395

     10.  A representative of the Florida Coalition Against

1396

Domestic Violence.

1397

     11.  A representative from a private provider of programs on

1398

preventing child abuse and neglect.

1399

     (4)  The members of the state committee shall be appointed

1400

to staggered terms of office which may not exceed 2 years, as

1401

determined by the State Surgeon General Secretary of Health.

1402

Members are eligible for reappointment. The state committee shall

1403

elect a chairperson from among its members to serve for a 2-year

1404

term, and the chairperson may appoint ad hoc committees as

1405

necessary to carry out the duties of the committee.

1406

     (6) At the direction of the State Surgeon General Secretary

1407

of Health, the director of each county health department, or the

1408

directors of two or more county health departments by agreement,

1409

may convene and support a county or multicounty child abuse death

1410

review committee in accordance with the protocols established by

1411

the State Child Abuse Death Review Committee. Each local

1412

committee must include a local state attorney, or his or her

1413

designee, and any other members that are determined by guidelines

1414

developed by the State Child Abuse Death Review Committee. The

1415

members of a local committee shall be appointed to 2-year terms

1416

and may be reappointed. The local committee shall elect a

1417

chairperson from among its members. Members shall serve without

1418

compensation but are entitled to reimbursement for per diem and

1419

travel expenses incurred in the performance of their duties as

1420

provided in s. 112.061 and to the extent that funds are

1421

available.

1422

     (17)  For the purpose of carrying out the responsibilities

1423

assigned to the State Child Abuse Death Review Committee and the

1424

local review committees, the State Surgeon General Secretary of

1425

Health may substitute an existing entity whose function and

1426

organization include the function and organization of the

1427

committees established by this section.

1428

     Section 42.  Paragraph (c) of subsection (1) and subsection

1429

(2) of section 385.203, Florida Statutes, are amended to read:

1430

     385.203  Diabetes Advisory Council; creation; function;

1431

membership.--

1432

     (1)  To guide a statewide comprehensive approach to diabetes

1433

prevention, diagnosis, education, care, treatment, impact, and

1434

costs thereof, there is created a Diabetes Advisory Council that

1435

serves as the advisory unit to the Department of Health, other

1436

governmental agencies, professional and other organizations, and

1437

the general public. The council shall:

1438

     (c) By June 30 of each year, meet with the State Surgeon

1439

General Secretary of Health or designee to make specific

1440

recommendations regarding the public health aspects of the

1441

prevention and control of diabetes.

1442

     (2)  The members of the council shall be appointed by the

1443

Governor with advice from the State Surgeon General Secretary of

1444

Health. Members shall serve 4-year terms or until their

1445

successors are appointed or qualified.

1446

     Section 43.  Subsection (5) of section 385.210, Florida

1447

Statutes, is amended to read:

1448

     385.210  Arthritis prevention and education.--

1449

     (5)  FUNDING.--

1450

     (a) The State Surgeon General Secretary of Health may

1451

accept grants, services, and property from the Federal

1452

Government, foundations, organizations, medical schools, and

1453

other entities as may be available for the purposes of fulfilling

1454

the obligations of this program.

1455

     (b) The State Surgeon General secretary shall seek any

1456

federal waiver or waivers that may be necessary to maximize funds

1457

from the Federal Government to implement this program.

1458

     Section 44.  Paragraph (a) of subsection (2) of section

1459

388.46, Florida Statutes, is amended to read:

1460

     388.46  Florida Coordinating Council on Mosquito Control;

1461

establishment; membership; organization; responsibilities.--

1462

     (2)  MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.--

1463

     (a)  Membership.--The Florida Coordinating Council on

1464

Mosquito Control shall be comprised of the following

1465

representatives or their authorized designees:

1466

     1. The Secretary of Environmental Protection and the State

1467

Surgeon General Secretary of Health;

1468

     2.  The executive director of the Fish and Wildlife

1469

Conservation Commission;

1470

     3.  The state epidemiologist;

1471

     4.  The Commissioner of Agriculture; and

1472

     5.  Representatives from:

1473

     a.  The University of Florida, Institute of Food and

1474

Agricultural Sciences, Florida Medical Entomological Research

1475

Laboratory;

1476

     b.  Florida Agricultural and Mechanical University;

1477

     c.  The United States Environmental Protection Agency;

1478

     d.  The United States Department of Agriculture, Insects

1479

Affecting Man Laboratory;

1480

     e.  The United States Fish and Wildlife Service;

1481

     f.  Two mosquito control directors to be nominated by the

1482

Florida Mosquito Control Association, two representatives of

1483

Florida environmental groups, and two private citizens who are

1484

property owners whose lands are regularly subject to mosquito

1485

control operations, to be appointed to 4-year terms by the

1486

Commissioner of Agriculture; and

1487

     g.  The Board of Trustees of the Internal Improvement Trust

1488

Fund.

1489

     Section 45.  Subsection (1) of section 391.028, Florida

1490

Statutes, is amended to read:

1491

     391.028  Administration.--The Children's Medical Services

1492

program shall have a central office and area offices.

1493

     (1)  The Director of Children's Medical Services must be a

1494

physician licensed under chapter 458 or chapter 459 who has

1495

specialized training and experience in the provision of health

1496

care to children and who has recognized skills in leadership and

1497

the promotion of children's health programs. The director shall

1498

be the deputy secretary and the Deputy State Health Officer for

1499

Children's Medical Services and is appointed by and reports to

1500

the State Surgeon General secretary. The director may appoint

1501

division directors subject to the approval of the State Surgeon

1502

General secretary.

1503

     Section 46.  Subsection (1) of section 391.221, Florida

1504

Statutes, is amended to read:

1505

     391.221  Statewide Children's Medical Services Network

1506

Advisory Council.--

1507

     (1) The State Surgeon General secretary of the department

1508

may appoint a Statewide Children's Medical Services Network

1509

Advisory Council for the purpose of acting as an advisory body to

1510

the department. Specifically, the duties of the council shall

1511

include, but not be limited to:

1512

     (a)  Recommending standards and credentialing requirements

1513

for health care providers rendering health services to Children's

1514

Medical Services network participants.

1515

     (b)  Making recommendations to the director of Children's

1516

Medical Services concerning the selection of health care

1517

providers for the Children's Medical Services network.

1518

     (c)  Reviewing and making recommendations concerning network

1519

health care provider or participant disputes that are brought to

1520

the attention of the advisory council.

1521

     (d)  Providing input to the Children's Medical Services

1522

program on the policies governing the Children's Medical Services

1523

network.

1524

     (e)  Reviewing the financial reports and financial status of

1525

the network and making recommendations concerning the methods of

1526

payment and cost controls for the network.

1527

     (f)  Reviewing and recommending the scope of benefits for

1528

the network.

1529

     (g)  Reviewing network performance measures and outcomes and

1530

making recommendations for improvements to the network and its

1531

maintenance and collection of data and information.

1532

     Section 47.  Section 391.223, Florida Statutes, is amended

1533

to read:

1534

     391.223 Technical advisory panels.--The State Surgeon

1535

General secretary of the department may establish technical

1536

advisory panels to assist in developing specific policies and

1537

procedures for the Children's Medical Services program.

1538

     Section 48.  Paragraph (b) of subsection (1) of section

1539

397.333, Florida Statutes, is amended to read:

1540

     397.333  Statewide Drug Policy Advisory Council.--

1541

     (1)

1542

     (b)  The following state officials shall be appointed to

1543

serve on the advisory council:

1544

     1.  The Attorney General, or his or her designee.

1545

     2.  The executive director of the Department of Law

1546

Enforcement, or his or her designee.

1547

     3.  The Secretary of Children and Family Services, or his or

1548

her designee.

1549

     4. The State Surgeon General Secretary of Health, or his or

1550

her designee.

1551

     5.  The Secretary of Corrections, or his or her designee.

1552

     6.  The Secretary of Juvenile Justice, or his or her

1553

designee.

1554

     7.  The Commissioner of Education, or his or her designee.

1555

     8.  The executive director of the Department of Highway

1556

Safety and Motor Vehicles, or his or her designee.

1557

     9.  The Adjutant General of the state as the Chief of the

1558

Department of Military Affairs, or his or her designee.

1559

     Section 49.  Paragraph (a) of subsection (3) of section

1560

400.235, Florida Statutes, is amended to read:

1561

     400.235  Nursing home quality and licensure status; Gold

1562

Seal Program.--

1563

     (3)(a)  The Gold Seal Program shall be developed and

1564

implemented by the Governor's Panel on Excellence in Long-Term

1565

Care which shall operate under the authority of the Executive

1566

Office of the Governor. The panel shall be composed of three

1567

persons appointed by the Governor, to include a consumer advocate

1568

for senior citizens and two persons with expertise in the fields

1569

of quality management, service delivery excellence, or public

1570

sector accountability; three persons appointed by the Secretary

1571

of Elderly Affairs, to include an active member of a nursing

1572

facility family and resident care council and a member of the

1573

University Consortium on Aging; the State Long-Term Care

1574

Ombudsman; one person appointed by the Florida Life Care

1575

Residents Association; one person appointed by the State Surgeon

1576

General Secretary of Health; two persons appointed by the

1577

Secretary of Health Care Administration; one person appointed by

1578

the Florida Association of Homes for the Aging; and one person

1579

appointed by the Florida Health Care Association. Vacancies on

1580

the panel shall be filled in the same manner as the original

1581

appointments.

1582

     Section 50. Subsection (21) of section 401.23, Florida

1583

Statutes, is repealed.

1584

     Section 51.  Paragraphs (a) and (c) of subsection (2) and

1585

subsection (6) of section 401.245, Florida Statutes, are amended

1586

to read:

1587

     401.245  Emergency Medical Services Advisory Council.--

1588

     (2)(a)  No more than 15 members may be appointed to this

1589

council. Members shall be appointed for 4-year terms in such a

1590

manner that each year the terms of approximately one-fourth of

1591

the members expire. The chair of the council shall be designated

1592

by the State Surgeon General secretary. Vacancies shall be filled

1593

for the remainder of unexpired terms in the same manner as the

1594

original appointment. Members shall receive no compensation but

1595

may be reimbursed for per diem and travel expenses.

1596

     (c) Appointments to the council shall be made by the State

1597

Surgeon General secretary, except that state agency

1598

representatives shall be appointed by the respective agency head.

1599

     (6)  There is established a committee to advise the

1600

Department of Health on matters concerning preventative,

1601

prehospital, hospital, rehabilitative, and other posthospital

1602

medical care for children.

1603

     (a) Committee members shall be appointed by the State

1604

Surgeon General secretary, and shall include, but not be limited

1605

to, physicians and other medical professionals that have

1606

experience in emergency medicine or expertise in emergency and

1607

critical care for children.

1608

     (b)  Appointments to the committee shall be for a term of 2

1609

years. Vacancies may be filled for the unexpired term at the

1610

discretion of the State Surgeon General secretary. The members

1611

shall serve without compensation, and shall not be reimbursed for

1612

necessary expenses incurred in the performance of their duties,

1613

unless there is funding available from the Federal Government or

1614

contributions or grants from private sources.

1615

     Section 52.  Subsection (1) of section 401.421, Florida

1616

Statutes, is amended to read:

1617

     401.421  Injunctive relief; cease and desist notice; civil

1618

penalty; enforcement.--

1619

     (1) The State Surgeon General secretary may cause to be

1620

instituted a civil action in circuit court for preliminary or

1621

permanent injunctive relief to remedy or prevent a violation of

1622

this part or any rule adopted by the department under this part.

1623

     Section 53.  Paragraph (a) of subsection (4) of section

1624

402.56, Florida Statutes, is amended to read:

1625

     402.56  Children's cabinet; organization; responsibilities;

1626

annual report.--

1627

     (4)  MEMBERS.--The cabinet shall consist of 15 members

1628

including the Governor and the following persons:

1629

     (a)1.  The Secretary of Children and Family Services;

1630

     2.  The Secretary of Juvenile Justice;

1631

     3.  The director of the Agency for Persons with

1632

Disabilities;

1633

     4.  The director of the Agency for Workforce Innovation;

1634

     5. The State Surgeon General Secretary of Health;

1635

     6.  The Secretary of Health Care Administration;

1636

     7.  The Commissioner of Education;

1637

     8.  The director of the Statewide Guardian Ad Litem Office;

1638

     9.  The director of the Office of Child Abuse Prevention;

1639

and

1640

     10.  Five members representing children and youth advocacy

1641

organizations, who are not service providers and who are

1642

appointed by the Governor.

1643

     Section 54.  Subsections (1), (4), and (5) of section

1644

403.862, Florida Statutes, are amended to read:

1645

     403.862  Department of Health; public water supply duties

1646

and responsibilities; coordinated budget requests with

1647

department.--

1648

     (1)  Recognizing that supervision and control of county

1649

health departments of the Department of Health is retained by the

1650

State Surgeon General secretary of that agency, and that public

1651

health aspects of the state public water supply program require

1652

joint participation in the program by the Department of Health

1653

and its units and the department, the Department of Health shall:

1654

     (a)  Establish and maintain laboratories for the conducting

1655

of radiological, microbiological, and chemical analyses of water

1656

samples from public water systems, which are submitted to such

1657

laboratories for analysis. Copies of the reports of such analyses

1658

and quarterly summary reports shall be submitted to the

1659

appropriate department district or subdistrict office.

1660

     (b)  Require each county health department to:

1661

     1.  Collect such water samples for analysis as may be

1662

required by the terms of this act, from public water systems

1663

within its jurisdiction. The duty to collect such samples may be

1664

shared with the appropriate department district or subdistrict

1665

office and shall be coordinated by field personnel involved.

1666

     2.  Submit the collected water samples to the appropriate

1667

laboratory for analysis.

1668

     3.  Maintain reports of analyses for its own records.

1669

     4.  Conduct complaint investigation of public water systems

1670

to determine compliance with federal, state, and local standards

1671

and permit compliance.

1672

     5.  Notify the appropriate department district or

1673

subdistrict office of potential violations of federal, state, and

1674

local standards and permit conditions by public water systems and

1675

assist the department in enforcement actions with respect to such

1676

violations to the maximum extent practicable.

1677

     6.  Review and evaluate laboratory analyses of water samples

1678

from private water systems.

1679

     (c)  Require those county health departments designated by

1680

the Department of Health and approved by the department as having

1681

qualified sanitary engineering staffs and available legal

1682

resources, in addition to the duties prescribed in paragraph (b),

1683

to:

1684

     1.  Review, evaluate, and approve or disapprove each

1685

application for the construction, modification, or expansion of a

1686

public water system to determine compliance with federal, state,

1687

and local requirements. A copy of the completed permit

1688

application and a report of the final action taken by the county

1689

health department shall be forwarded to the appropriate

1690

department district office.

1691

     2.  Review, evaluate, and approve or disapprove applications

1692

for the expansion of distribution systems. Written notification

1693

of action taken on such applications shall be forwarded to the

1694

appropriate department district or subdistrict office.

1695

     3.  Maintain inventory, operational, and bacteriological

1696

records and carry out monitoring, surveillance, and sanitary

1697

surveys of public water systems to ensure compliance with

1698

federal, state, and local regulations.

1699

     4.  Participate in educational and training programs

1700

relating to drinking water and public water systems.

1701

     5.  Enforce the provisions of this part and rules adopted

1702

under this part.

1703

     (d)  Require those county health departments designated by

1704

the Department of Health as having the capability of performing

1705

bacteriological analyses, in addition to the duties prescribed in

1706

paragraph (b), to:

1707

     1.  Perform bacteriological analyses of water samples

1708

submitted for analysis.

1709

     2.  Submit copies of the reports of such analyses to the

1710

appropriate department district or subdistrict office.

1711

     (e)  Make available to the central and branch laboratories

1712

funds sufficient, to the maximum extent possible, to carry out

1713

the public water supply functions and responsibilities required

1714

of such laboratories as provided in this section.

1715

     (f)  Have general supervision and control over all private

1716

water systems and all public water systems not otherwise covered

1717

or included in this part. This shall include the authority to

1718

adopt and enforce rules, including definitions of terms, to

1719

protect the health, safety, or welfare of persons being served by

1720

all private water systems and all public water systems not

1721

otherwise covered by this part.

1722

     (g)  Assist state and local agencies in the determination

1723

and investigation of suspected waterborne disease outbreaks,

1724

including diseases associated with chemical contaminants.

1725

     (h)  Upon request, consult with and advise any county or

1726

municipal authority as to water supply activities.

1727

     (4)  If the department determines that a county health

1728

department or other unit of the Department of Health is not

1729

performing its public water supply responsibilities

1730

satisfactorily, the secretary of the department shall certify

1731

such determination in writing to the State Surgeon General

1732

Secretary of Health. The State Surgeon General Secretary of

1733

Health shall evaluate the determination of the department and

1734

shall inform the secretary of the department of his or her

1735

evaluation. Upon concurrence, the State Surgeon General Secretary

1736

of Health shall take immediate corrective action.

1737

     (5)  Nothing in this section shall serve to negate the

1738

powers, duties, and responsibilities of the State Surgeon General

1739

Secretary of Health relating to the protection of the public from

1740

the spread of communicable disease, epidemics, and plagues.

1741

     Section 55.  Paragraph (c) of subsection (1) of section

1742

406.02, Florida Statutes, is amended to read:

1743

     406.02  Medical Examiners Commission; membership; terms;

1744

duties; staff.--

1745

     (1)  There is created the Medical Examiners Commission

1746

within the Department of Law Enforcement. The commission shall

1747

consist of nine persons appointed or selected as follows:

1748

     (c) One member shall be the State Surgeon General Secretary

1749

of Health or her or his designated representative.

1750

     Section 56.  Paragraph (d) of subsection (1) of section

1751

408.916, Florida Statutes, is amended to read:

1752

     408.916  Steering committee.--In order to guide the

1753

implementation of the pilot project, there is created a Health

1754

Care Access Steering Committee.

1755

     (1)  The steering committee shall be composed of the

1756

following members:

1757

     (d) The State Surgeon General Secretary of Health.

1758

     Section 57.  Paragraph (a) of subsection (1) of section

1759

409.352, Florida Statutes, is amended to read:

1760

     409.352  Licensing requirements for physicians, osteopathic

1761

physicians, and chiropractic physicians employed by the

1762

department.--

1763

     (1)  It is the intent of the Legislature that physicians

1764

providing services in state institutions meet the professional

1765

standards of their respective licensing boards and that such

1766

institutions make every reasonable effort to assure that all

1767

physicians employed are licensed, or will become licensed, in

1768

this state. When state-licensed physicians cannot be obtained in

1769

sufficient numbers to provide quality services, the licensing

1770

requirements in chapters 458, 459, and 460 to the contrary

1771

notwithstanding, persons employed as physicians, osteopathic

1772

physicians, or chiropractic physicians in a state institution,

1773

except those under the control of the Department of Corrections

1774

on June 28, 1977, may be exempted from licensure in accordance

1775

with the following provisions:

1776

     (a)  No more than 10 percent of such persons shall be

1777

exempted from licensure during their continued employment in a

1778

state institution. Those persons who shall be so exempted shall

1779

be selected by the State Surgeon General secretary of the

1780

Department of Health. In making the selection, the State Surgeon

1781

General secretary shall submit his or her recommendations to the

1782

appropriate licensing board for a determination by the board,

1783

without written examination, of whether or not the person

1784

recommended meets the professional standards required of such

1785

person in the performance of his or her duties or functions. The

1786

criteria to be used by the respective board in making its

1787

determination shall include, but not be limited to, the person's

1788

professional educational background, formal specialty training,

1789

and professional experience within the 10 years immediately

1790

preceding employment by the state institution.

1791

     Section 58.  Subsection (4) of section 409.91255, Florida

1792

Statutes, is amended to read:

1793

     409.91255  Federally qualified health center access

1794

program.--

1795

     (4)  EVALUATION OF APPLICATIONS.--A review panel shall be

1796

established, consisting of four persons appointed by the State

1797

Surgeon General Secretary of Health and three persons appointed

1798

by the chief executive officer of the Florida Association of

1799

Community Health Centers, Inc., to review all applications for

1800

financial assistance under the program. Applicants shall specify

1801

in the application whether the program funds will be used for the

1802

expansion of patient caseloads or services or for capital

1803

improvement projects to expand and improve patient facilities.

1804

The panel shall use the following elements in reviewing

1805

application proposals and shall determine the relative weight for

1806

scoring and evaluating these elements:

1807

     (a)  The target population to be served.

1808

     (b)  The health benefits to be provided.

1809

     (c)  The methods that will be used to measure cost-

1810

effectiveness.

1811

     (d)  How patient satisfaction will be measured.

1812

     (e)  The proposed internal quality assurance process.

1813

     (f)  Projected health status outcomes.

1814

     (g)  How data will be collected to measure cost-

1815

effectiveness, health status outcomes, and overall achievement of

1816

the goals of the proposal.

1817

     (h)  All resources, including cash, in-kind, voluntary, or

1818

other resources that will be dedicated to the proposal.

1819

     Section 59.  Paragraphs (b) and (f) of subsection (2) of

1820

section 413.271, Florida Statutes, are amended to read:

1821

     413.271  Florida Coordinating Council for the Deaf and Hard

1822

of Hearing.--

1823

     (2)

1824

     (b)  The coordinating council shall be composed of 17

1825

members. The appointment of members not representing agencies

1826

shall be made by the Governor. The appointment of members

1827

representing organizations shall be made by the Governor in

1828

consultation with those organizations. The membership shall be as

1829

follows:

1830

     1.  Two members representing the Florida Association of the

1831

Deaf.

1832

     2.  Two members representing the Florida Association of Self

1833

Help for Hard of Hearing People.

1834

     3.  A member representing the Association of Late-Deafened

1835

Adults.

1836

     4.  An individual who is deaf and blind.

1837

     5.  A parent of an individual who is deaf.

1838

     6.  A member representing the Deaf Service Center

1839

Association.

1840

     7.  A member representing the Florida Registry of

1841

Interpreters for the Deaf.

1842

     8.  A member representing the Florida Alexander Graham Bell

1843

Association for the Deaf and Hard of Hearing.

1844

     9.  A communication access realtime translator.

1845

     10.  An audiologist licensed under part I of chapter 468.

1846

     11.  A hearing aid specialist licensed under part II of

1847

chapter 484.

1848

     12.  The Secretary of Children and Family Services or his or

1849

her designee.

1850

     13. The State Surgeon General Secretary of Health or his or

1851

her designee.

1852

     14.  The Commissioner of Education or his or her designee.

1853

     15.  The Secretary of Elderly Affairs or his or her

1854

designee.

1855

1856

If any organization from which a representative is to be drawn

1857

ceases to exist, a representative of a similar organization shall

1858

be named to the coordinating council. The Governor shall make

1859

appointments to the coordinating council no later than August 1,

1860

2004, and may remove any member for cause. Each member shall be

1861

appointed to a term of 4 years. However, for the purpose of

1862

providing staggered terms, of the initial appointments not

1863

representing state agencies, seven members, including the

1864

audiologist and the hearing aid specialist, shall be appointed to

1865

2-year terms and six members shall be appointed to 4-year terms.

1866

Any vacancy on the coordinating council shall be filled in the

1867

same manner as the original appointment, and any member appointed

1868

to fill a vacancy occurring because of death, resignation, or

1869

ineligibility for membership shall serve only for the unexpired

1870

term of the member's predecessor. Prior to serving on the

1871

coordinating council, all appointees must attend orientation

1872

training that shall address, at a minimum, the provisions of this

1873

section; the programs operated by the coordinating council; the

1874

role and functions of the coordinating council; the current

1875

budget for the coordinating council; the results of the most

1876

recent formal audit of the coordinating council; and the

1877

requirements of the state's public records law, the code of

1878

ethics, the Administrative Procedure Act, and other laws relating

1879

to public officials, including conflict-of-interest laws.

1880

     (f)  Staff of the Department of Health shall be assigned by

1881

the State Surgeon General Secretary of Health to assist the

1882

council in the duties assigned to it by this section.

1883

     Section 60.  Subsection (2) of section 420.622, Florida

1884

Statutes, is amended to read:

1885

     420.622  State Office on Homelessness; Council on

1886

Homelessness.--

1887

     (2)  The Council on Homelessness is created to consist of a

1888

15-member council of public and private agency representatives

1889

who shall develop policy and advise the State Office on

1890

Homelessness. The council members shall be: the Secretary of

1891

Children and Family Services, or his or her designee; the

1892

Secretary of Community Affairs, or his or her designee; the State

1893

Surgeon General Secretary of Health, or his or her designee; the

1894

Executive Director of Veterans' Affairs, or his or her designee;

1895

the Secretary of Corrections, or his or her designee; the

1896

Director of Workforce Florida, Inc., or his or her designee; one

1897

representative of the Florida Association of Counties; one

1898

representative of the Florida Coalition for Supportive Housing;

1899

the Executive Director of the Florida Housing Finance

1900

Corporation, or his or her designee; one representative of the

1901

Florida Coalition for the Homeless; one representative of the

1902

Florida State Rural Development Council; and four members

1903

appointed by the Governor. The council members shall be

1904

volunteer, nonpaid persons and shall be reimbursed for travel

1905

expenses only. The appointed members of the council shall serve

1906

staggered 2-year terms, and the council shall meet at least four

1907

times per year. The importance of minority, gender, and

1908

geographic representation must be considered when appointing

1909

members to the council.

1910

     Section 61.  Section 456.005, Florida Statutes, is amended

1911

to read:

1912

     456.005  Long-range policy planning; plans, reports, and

1913

recommendations.--To facilitate efficient and cost-effective

1914

regulation, the department and the board, where appropriate,

1915

shall develop and implement a long-range policy planning and

1916

monitoring process to include recommendations specific to each

1917

profession. Such process shall include estimates of revenues,

1918

expenditures, cash balances, and performance statistics for each

1919

profession. The period covered shall not be less than 5 years.

1920

The department, with input from the boards, shall develop the

1921

long-range plan and must obtain the approval of the State Surgeon

1922

General secretary. The department shall monitor compliance with

1923

the approved long-range plan and, with input from the boards,

1924

shall annually update the plans for approval by the State Surgeon

1925

General secretary. The department shall provide concise

1926

management reports to the boards quarterly. As part of the review

1927

process, the department shall evaluate:

1928

     (1)  Whether the department, including the boards and the

1929

various functions performed by the department, is operating

1930

efficiently and effectively and if there is a need for a board or

1931

council to assist in cost-effective regulation.

1932

     (2)  How and why the various professions are regulated.

1933

     (3)  Whether there is a need to continue regulation, and to

1934

what degree.

1935

     (4)  Whether or not consumer protection is adequate, and how

1936

it can be improved.

1937

     (5)  Whether there is consistency between the various

1938

practice acts.

1939

     (6)  Whether unlicensed activity is adequately enforced.

1940

1941

Such plans should include conclusions and recommendations on

1942

these and other issues as appropriate. Such plans shall be

1943

provided to the Governor and the Legislature by November 1 of

1944

each year.

1945

     Section 62.  Subsections (4) and (5) of section 456.011,

1946

Florida Statutes, are amended to read:

1947

     456.011  Boards; organization; meetings; compensation and

1948

travel expenses.--

1949

     (4)  Unless otherwise provided by law, a board member or

1950

former board member serving on a probable cause panel shall be

1951

compensated $50 for each day in attendance at an official meeting

1952

of the board and for each day of participation in any other

1953

business involving the board. Each board shall adopt rules

1954

defining the phrase "other business involving the board," but the

1955

phrase may not routinely be defined to include telephone

1956

conference calls that last less than 4 hours. A board member also

1957

shall be entitled to reimbursement for expenses pursuant to s.

1958

112.061. Travel out of state shall require the prior approval of

1959

the State Surgeon General secretary.

1960

     (5)  When two or more boards have differences between them,

1961

the boards may elect to, or the State Surgeon General secretary

1962

may request that the boards, establish a special committee to

1963

settle those differences. The special committee shall consist of

1964

three members designated by each board, who may be members of the

1965

designating board or other experts designated by the board, and

1966

of one additional person designated and agreed to by the members

1967

of the special committee. In the event the special committee

1968

cannot agree on the additional designee, upon request of the

1969

special committee, the State Surgeon General secretary may select

1970

the designee. The committee shall recommend rules necessary to

1971

resolve the differences. If a rule adopted pursuant to this

1972

provision is challenged, the participating boards shall share the

1973

costs associated with defending the rule or rules. The department

1974

shall provide legal representation for any special committee

1975

established pursuant to this section.

1976

     Section 63.  Subsections (1) and (2) of section 456.012,

1977

Florida Statutes, are amended to read:

1978

     456.012  Board rules; final agency action; challenges.--

1979

     (1) The State Surgeon General secretary of the department

1980

shall have standing to challenge any rule or proposed rule of a

1981

board under its jurisdiction pursuant to s. 120.56. In addition

1982

to challenges for any invalid exercise of delegated legislative

1983

authority, the administrative law judge, upon such a challenge by

1984

the State Surgeon General secretary, may declare all or part of a

1985

rule or proposed rule invalid if it:

1986

     (a)  Does not protect the public from any significant and

1987

discernible harm or damages;

1988

     (b)  Unreasonably restricts competition or the availability

1989

of professional services in the state or in a significant part of

1990

the state; or

1991

     (c)  Unnecessarily increases the cost of professional

1992

services without a corresponding or equivalent public benefit.

1993

1994

However, there shall not be created a presumption of the

1995

existence of any of the conditions cited in this subsection in

1996

the event that the rule or proposed rule is challenged.

1997

     (2) In addition, either the State Surgeon General secretary

1998

or the board shall be a substantially interested party for

1999

purposes of s. 120.54(7). The board may, as an adversely affected

2000

party, initiate and maintain an action pursuant to s. 120.68

2001

challenging the final agency action.

2002

     Section 64.  Paragraph (z) of subsection (1) of section

2003

456.072, Florida Statutes, is amended to read:

2004

     456.072  Grounds for discipline; penalties; enforcement.--

2005

     (1)  The following acts shall constitute grounds for which

2006

the disciplinary actions specified in subsection (2) may be

2007

taken:

2008

     (z)  Being unable to practice with reasonable skill and

2009

safety to patients by reason of illness or use of alcohol, drugs,

2010

narcotics, chemicals, or any other type of material or as a

2011

result of any mental or physical condition. In enforcing this

2012

paragraph, the department shall have, upon a finding of the State

2013

Surgeon General secretary or the State Surgeon General's

2014

secretary's designee that probable cause exists to believe that

2015

the licensee is unable to practice because of the reasons stated

2016

in this paragraph, the authority to issue an order to compel a

2017

licensee to submit to a mental or physical examination by

2018

physicians designated by the department. If the licensee refuses

2019

to comply with the order, the department's order directing the

2020

examination may be enforced by filing a petition for enforcement

2021

in the circuit court where the licensee resides or does business.

2022

The department shall be entitled to the summary procedure

2023

provided in s. 51.011. A licensee or certificateholder affected

2024

under this paragraph shall at reasonable intervals be afforded an

2025

opportunity to demonstrate that he or she can resume the

2026

competent practice of his or her profession with reasonable skill

2027

and safety to patients.

2028

     Section 65.  Subsections (1), (4), and (8) of section

2029

456.073, Florida Statutes, are amended to read:

2030

     456.073  Disciplinary proceedings.--Disciplinary proceedings

2031

for each board shall be within the jurisdiction of the

2032

department.

2033

     (1)  The department, for the boards under its jurisdiction,

2034

shall cause to be investigated any complaint that is filed before

2035

it if the complaint is in writing, signed by the complainant, and

2036

legally sufficient. A complaint filed by a state prisoner against

2037

a health care practitioner employed by or otherwise providing

2038

health care services within a facility of the Department of

2039

Corrections is not legally sufficient unless there is a showing

2040

that the prisoner complainant has exhausted all available

2041

administrative remedies within the state correctional system

2042

before filing the complaint. However, if the Department of Health

2043

determines after a preliminary inquiry of a state prisoner's

2044

complaint that the practitioner may present a serious threat to

2045

the health and safety of any individual who is not a state

2046

prisoner, the Department of Health may determine legal

2047

sufficiency and proceed with discipline. The Department of Health

2048

shall be notified within 15 days after the Department of

2049

Corrections disciplines or allows a health care practitioner to

2050

resign for an offense related to the practice of his or her

2051

profession. A complaint is legally sufficient if it contains

2052

ultimate facts that show that a violation of this chapter, of any

2053

of the practice acts relating to the professions regulated by the

2054

department, or of any rule adopted by the department or a

2055

regulatory board in the department has occurred. In order to

2056

determine legal sufficiency, the department may require

2057

supporting information or documentation. The department may

2058

investigate, and the department or the appropriate board may take

2059

appropriate final action on, a complaint even though the original

2060

complainant withdraws it or otherwise indicates a desire not to

2061

cause the complaint to be investigated or prosecuted to

2062

completion. The department may investigate an anonymous complaint

2063

if the complaint is in writing and is legally sufficient, if the

2064

alleged violation of law or rules is substantial, and if the

2065

department has reason to believe, after preliminary inquiry, that

2066

the violations alleged in the complaint are true. The department

2067

may investigate a complaint made by a confidential informant if

2068

the complaint is legally sufficient, if the alleged violation of

2069

law or rule is substantial, and if the department has reason to

2070

believe, after preliminary inquiry, that the allegations of the

2071

complainant are true. The department may initiate an

2072

investigation if it has reasonable cause to believe that a

2073

licensee or a group of licensees has violated a Florida statute,

2074

a rule of the department, or a rule of a board. Notwithstanding

2075

subsection (13), the department may investigate information filed

2076

pursuant to s. 456.041(4) relating to liability actions with

2077

respect to practitioners licensed under chapter 458 or chapter

2078

459 which have been reported under s. 456.049 or s. 627.912

2079

within the previous 6 years for any paid claim that exceeds

2080

$50,000. Except as provided in ss. 458.331(9), 459.015(9),

2081

460.413(5), and 461.013(6), when an investigation of any subject

2082

is undertaken, the department shall promptly furnish to the

2083

subject or the subject's attorney a copy of the complaint or

2084

document that resulted in the initiation of the investigation.

2085

The subject may submit a written response to the information

2086

contained in such complaint or document within 20 days after

2087

service to the subject of the complaint or document. The

2088

subject's written response shall be considered by the probable

2089

cause panel. The right to respond does not prohibit the issuance

2090

of a summary emergency order if necessary to protect the public.

2091

However, if the State Surgeon General secretary, or the State

2092

Surgeon General's secretary's designee, and the chair of the

2093

respective board or the chair of its probable cause panel agree

2094

in writing that such notification would be detrimental to the

2095

investigation, the department may withhold notification. The

2096

department may conduct an investigation without notification to

2097

any subject if the act under investigation is a criminal offense.

2098

     (4)  The determination as to whether probable cause exists

2099

shall be made by majority vote of a probable cause panel of the

2100

board, or by the department, as appropriate. Each regulatory

2101

board shall provide by rule that the determination of probable

2102

cause shall be made by a panel of its members or by the

2103

department. Each board may provide by rule for multiple probable

2104

cause panels composed of at least two members. Each board may

2105

provide by rule that one or more members of the panel or panels

2106

may be a former board member. The length of term or repetition of

2107

service of any such former board member on a probable cause panel

2108

may vary according to the direction of the board when authorized

2109

by board rule. Any probable cause panel must include one of the

2110

board's former or present consumer members, if one is available,

2111

is willing to serve, and is authorized to do so by the board

2112

chair. Any probable cause panel must include a present board

2113

member. Any probable cause panel must include a former or present

2114

professional board member. However, any former professional board

2115

member serving on the probable cause panel must hold an active

2116

valid license for that profession. All proceedings of the panel

2117

are exempt from s. 286.011 until 10 days after probable cause has

2118

been found to exist by the panel or until the subject of the

2119

investigation waives his or her privilege of confidentiality. The

2120

probable cause panel may make a reasonable request, and upon such

2121

request the department shall provide such additional

2122

investigative information as is necessary to the determination of

2123

probable cause. A request for additional investigative

2124

information shall be made within 15 days from the date of receipt

2125

by the probable cause panel of the investigative report of the

2126

department or the agency. The probable cause panel or the

2127

department, as may be appropriate, shall make its determination

2128

of probable cause within 30 days after receipt by it of the final

2129

investigative report of the department. The State Surgeon General

2130

secretary may grant extensions of the 15-day and the 30-day time

2131

limits. In lieu of a finding of probable cause, the probable

2132

cause panel, or the department if there is no board, may issue a

2133

letter of guidance to the subject. If, within the 30-day time

2134

limit, as may be extended, the probable cause panel does not make

2135

a determination regarding the existence of probable cause or does

2136

not issue a letter of guidance in lieu of a finding of probable

2137

cause, the department must make a determination regarding the

2138

existence of probable cause within 10 days after the expiration

2139

of the time limit. If the probable cause panel finds that

2140

probable cause exists, it shall direct the department to file a

2141

formal complaint against the licensee. The department shall

2142

follow the directions of the probable cause panel regarding the

2143

filing of a formal complaint. If directed to do so, the

2144

department shall file a formal complaint against the subject of

2145

the investigation and prosecute that complaint pursuant to

2146

chapter 120. However, the department may decide not to prosecute

2147

the complaint if it finds that probable cause has been

2148

improvidently found by the panel. In such cases, the department

2149

shall refer the matter to the board. The board may then file a

2150

formal complaint and prosecute the complaint pursuant to chapter

2151

120. The department shall also refer to the board any

2152

investigation or disciplinary proceeding not before the Division

2153

of Administrative Hearings pursuant to chapter 120 or otherwise

2154

completed by the department within 1 year after the filing of a

2155

complaint. The department, for disciplinary cases under its

2156

jurisdiction, must establish a uniform reporting system to

2157

quarterly refer to each board the status of any investigation or

2158

disciplinary proceeding that is not before the Division of

2159

Administrative Hearings or otherwise completed by the department

2160

within 1 year after the filing of the complaint. Annually, the

2161

department, in consultation with the applicable probable cause

2162

panel, must establish a plan to expedite or otherwise close any

2163

investigation or disciplinary proceeding that is not before the

2164

Division of Administrative Hearings or otherwise completed by the

2165

department within 1 year after the filing of the complaint. A

2166

probable cause panel or a board may retain independent legal

2167

counsel, employ investigators, and continue the investigation as

2168

it deems necessary; all costs thereof shall be paid from a trust

2169

fund used by the department to implement this chapter. All

2170

proceedings of the probable cause panel are exempt from s.

2171

120.525.

2172

     (8)  Any proceeding for the purpose of summary suspension of

2173

a license, or for the restriction of the license, of a licensee

2174

pursuant to s. 120.60(6) shall be conducted by the State Surgeon

2175

General secretary of the Department of Health or his or her

2176

designee, as appropriate, who shall issue the final summary

2177

order.

2178

     Section 66.  Subsection (2) of section 456.074, Florida

2179

Statutes, is amended to read:

2180

     456.074  Certain health care practitioners; immediate

2181

suspension of license.--

2182

     (2)  If the board has previously found any physician or

2183

osteopathic physician in violation of the provisions of s.

2184

458.331(1)(t) or s. 459.015(1)(x), in regard to her or his

2185

treatment of three or more patients, and the probable cause panel

2186

of the board finds probable cause of an additional violation of

2187

that section, then the State Surgeon General Secretary of Health

2188

shall review the matter to determine if an emergency suspension

2189

or restriction order is warranted. Nothing in this section shall

2190

be construed so as to limit the authority of the State Surgeon

2191

General secretary of the department to issue an emergency order.

2192

     Section 67.  Paragraph (b) of subsection (5) of section

2193

456.076, Florida Statutes, is amended to read:

2194

     456.076  Treatment programs for impaired practitioners.--

2195

     (5)

2196

     (b)  If in the opinion of the consultant, after consultation

2197

with the treatment provider, an impaired licensee has not

2198

progressed satisfactorily in a treatment program, all information

2199

regarding the issue of a licensee's impairment and participation

2200

in a treatment program in the consultant's possession shall be

2201

disclosed to the department. Such disclosure shall constitute a

2202

complaint pursuant to the general provisions of s. 456.073.

2203

Whenever the consultant concludes that impairment affects a

2204

licensee's practice and constitutes an immediate, serious danger

2205

to the public health, safety, or welfare, that conclusion shall

2206

be communicated to the State Surgeon General secretary of the

2207

department.

2208

     Section 68.  Paragraph (o) of subsection (1) of section

2209

457.109, Florida Statutes, is amended to read:

2210

     457.109  Disciplinary actions; grounds; action by the

2211

board.--

2212

     (1)  The following acts constitute grounds for denial of a

2213

license or disciplinary action, as specified in s. 456.072(2):

2214

     (o)  Being unable to practice acupuncture with reasonable

2215

skill and safety to patients by reason of illness or use of

2216

alcohol, drugs, narcotics, chemicals, or any other type of

2217

material or as a result of any mental or physical condition. In

2218

enforcing this paragraph, upon a finding of the State Surgeon

2219

General secretary or the State Surgeon General's secretary's

2220

designee that probable cause exists to believe that the licensee

2221

is unable to serve as an acupuncturist due to the reasons stated

2222

in this paragraph, the department shall have the authority to

2223

issue an order to compel the licensee to submit to a mental or

2224

physical examination by a physician designated by the department.

2225

If the licensee refuses to comply with such order, the

2226

department's order directing such examination may be enforced by

2227

filing a petition for enforcement in the circuit court where the

2228

licensee resides or serves as an acupuncturist. The licensee

2229

against whom the petition is filed shall not be named or

2230

identified by initials in any public court record or document,

2231

and the proceedings shall be closed to the public. The department

2232

shall be entitled to the summary procedure provided in s. 51.011.

2233

An acupuncturist affected under this paragraph shall at

2234

reasonable intervals be afforded an opportunity to demonstrate

2235

that he or she can resume the competent practice of acupuncture

2236

with reasonable skill and safety to patients. In any proceeding

2237

under this paragraph, neither the record of proceedings nor the

2238

orders entered by the department shall be used against an

2239

acupuncturist in any other proceeding.  

2240

     Section 69.  Subsection (4) of section 458.311, Florida

2241

Statutes, is amended to read:

2242

     458.311  Licensure by examination; requirements; fees.--

2243

     (4)  The department and the board shall assure that

2244

applicants for licensure meet the criteria in subsection (1)

2245

through an investigative process. When the investigative process

2246

is not completed within the time set out in s. 120.60(1) and the

2247

department or board has reason to believe that the applicant does

2248

not meet the criteria, the State Surgeon General secretary or the

2249

State Surgeon General's secretary's designee may issue a 90-day

2250

licensure delay which shall be in writing and sufficient to

2251

notify the applicant of the reason for the delay. The provisions

2252

of this subsection shall control over any conflicting provisions

2253

of s. 120.60(1).

2254

     Section 70.  Subsection (3) of section 458.313, Florida

2255

Statutes, is amended to read:

2256

     458.313  Licensure by endorsement; requirements; fees.--

2257

     (3)  The department and the board shall ensure that

2258

applicants for licensure by endorsement meet applicable criteria

2259

in this chapter through an investigative process. When the

2260

investigative process is not completed within the time set out in

2261

s. 120.60(1) and the department or board has reason to believe

2262

that the applicant does not meet the criteria, the State Surgeon

2263

General secretary or the State Surgeon General's secretary's

2264

designee may issue a 90-day licensure delay which shall be in

2265

writing and sufficient to notify the applicant of the reason for

2266

the delay. The provisions of this subsection shall control over

2267

any conflicting provisions of s. 120.60(1).

2268

     Section 71.  Paragraph (b) of subsection (2) of section

2269

458.316, Florida Statutes, is amended to read:

2270

     458.316  Public health certificate.--

2271

     (2)  Such certificate shall be issued pursuant to the

2272

following conditions:

2273

     (b)  The certificate is subject to biennial renewal and

2274

shall be renewable only if the State Surgeon General secretary of

2275

the Department of Health recommends in writing that the

2276

certificate be renewed.

2277

     Section 72.  Paragraph (b) of subsection (1) of section

2278

458.3165, Florida Statutes, is amended to read:

2279

     458.3165  Public psychiatry certificate.--The board shall

2280

issue a public psychiatry certificate to an individual who remits

2281

an application fee not to exceed $300, as set by the board, who

2282

is a board-certified psychiatrist, who is licensed to practice

2283

medicine without restriction in another state, and who meets the

2284

requirements in s. 458.311(1)(a)-(g) and (5). A recipient of a

2285

public psychiatry certificate may use the certificate to work at

2286

any public mental health facility or program funded in part or

2287

entirely by state funds.

2288

     (1)  Such certificate shall:

2289

     (b) Be issued and renewable biennially if the State Surgeon

2290

General secretary of the Department of Health and the chair of

2291

the department of psychiatry at one of the public medical schools

2292

or the chair of the department of psychiatry at the accredited

2293

medical school at the University of Miami recommend in writing

2294

that the certificate be issued or renewed.

2295

     Section 73.  Paragraph (s) of subsection (1) of section

2296

458.331, Florida Statutes, is amended to read:

2297

     458.331  Grounds for disciplinary action; action by the

2298

board and department.--

2299

     (1)  The following acts constitute grounds for denial of a

2300

license or disciplinary action, as specified in s. 456.072(2):

2301

     (s)  Being unable to practice medicine with reasonable skill

2302

and safety to patients by reason of illness or use of alcohol,

2303

drugs, narcotics, chemicals, or any other type of material or as

2304

a result of any mental or physical condition. In enforcing this

2305

paragraph, the department shall have, upon a finding of the State

2306

Surgeon General secretary or the State Surgeon General's

2307

secretary's designee that probable cause exists to believe that

2308

the licensee is unable to practice medicine because of the

2309

reasons stated in this paragraph, the authority to issue an order

2310

to compel a licensee to submit to a mental or physical

2311

examination by physicians designated by the department. If the

2312

licensee refuses to comply with such order, the department's

2313

order directing such examination may be enforced by filing a

2314

petition for enforcement in the circuit court where the licensee

2315

resides or does business. The licensee against whom the petition

2316

is filed may not be named or identified by initials in any public

2317

court records or documents, and the proceedings shall be closed

2318

to the public. The department shall be entitled to the summary

2319

procedure provided in s. 51.011. A licensee or certificateholder

2320

affected under this paragraph shall at reasonable intervals be

2321

afforded an opportunity to demonstrate that he or she can resume

2322

the competent practice of medicine with reasonable skill and

2323

safety to patients.

2324

     Section 74.  Subsection (2) of section 458.346, Florida

2325

Statutes, is amended to read:

2326

     458.346  Public Sector Physician Advisory Committee.--

2327

     (2)  PUBLIC SECTOR PHYSICIAN ADVISORY COMMITTEE.--There is

2328

hereby created a Public Sector Physician Advisory Committee which

2329

shall be comprised of three physicians. One physician shall be

2330

appointed by the chair of the Board of Medicine. The two

2331

remaining physicians shall be appointed by the State Surgeon

2332

General secretary of the department from recommendations of the

2333

appropriate organization, if any, representing such physicians

2334

for the purpose of collective bargaining. The chair of the

2335

committee shall be one of the two public sector physicians who

2336

shall be elected by majority vote of the committee members.

2337

Members of the committee shall serve 3-year terms and shall meet

2338

at least once each year or upon the call of the committee chair.

2339

The initial term for one public sector physician shall be for 2

2340

years, and the other for 3 years. Members of the committee are

2341

subject to reappointment. Committee members shall receive

2342

reimbursement for per diem and travel expenses.

2343

     Section 75.  Paragraph (f) of subsection (4) and paragraph

2344

(a) of subsection (9) of section 458.347, Florida Statutes, are

2345

amended to read:

2346

     458.347  Physician assistants.--

2347

     (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--

2348

     (f)1.  The council shall establish a formulary of medicinal

2349

drugs that a fully licensed physician assistant, licensed under

2350

this section or s. 459.022, may not prescribe. The formulary must

2351

include controlled substances as defined in chapter 893,

2352

antipsychotics, general anesthetics and radiographic contrast

2353

materials, and all parenteral preparations except insulin and

2354

epinephrine.

2355

     2.  In establishing the formulary, the council shall consult

2356

with a pharmacist licensed under chapter 465, but not licensed

2357

under this chapter or chapter 459, who shall be selected by the

2358

State Surgeon General Secretary of Health.

2359

     3.  Only the council shall add to, delete from, or modify

2360

the formulary. Any person who requests an addition, deletion, or

2361

modification of a medicinal drug listed on such formulary has the

2362

burden of proof to show cause why such addition, deletion, or

2363

modification should be made.

2364

     4.  The boards shall adopt the formulary required by this

2365

paragraph, and each addition, deletion, or modification to the

2366

formulary, by rule. Notwithstanding any provision of chapter 120

2367

to the contrary, the formulary rule shall be effective 60 days

2368

after the date it is filed with the Secretary of State. Upon

2369

adoption of the formulary, the department shall mail a copy of

2370

such formulary to each fully licensed physician assistant,

2371

licensed under this section or s. 459.022, and to each pharmacy

2372

licensed by the state. The boards shall establish, by rule, a fee

2373

not to exceed $200 to fund the provisions of this paragraph and

2374

paragraph (e).

2375

     (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on

2376

Physician Assistants is created within the department.

2377

     (a)  The council shall consist of five members appointed as

2378

follows:

2379

     1.  The chairperson of the Board of Medicine shall appoint

2380

three members who are physicians and members of the Board of

2381

Medicine. One of the physicians must supervise a physician

2382

assistant in the physician's practice.

2383

     2.  The chairperson of the Board of Osteopathic Medicine

2384

shall appoint one member who is a physician and a member of the

2385

Board of Osteopathic Medicine.

2386

     3. The State Surgeon General secretary of the department or

2387

his or her designee shall appoint a fully licensed physician

2388

assistant licensed under this chapter or chapter 459.

2389

     Section 76.  Subsection (6) of section 459.0055, Florida

2390

Statutes, is amended to read:

2391

     459.0055  General licensure requirements.--

2392

     (6)  When the investigative process is not completed within

2393

the time set out in s. 120.60(1) and the department or board has

2394

reason to believe that the applicant does not meet the criteria,

2395

the State Surgeon General secretary or the State Surgeon

2396

General's secretary's designee may issue a 90-day licensure delay

2397

which shall be in writing and sufficient to notify the applicant

2398

of the reason for the delay. The provisions of this subsection

2399

shall control over any conflicting provisions of s. 120.60(1).

2400

     Section 77.  Paragraph (w) of subsection (1) of section

2401

459.015, Florida Statutes, is amended to read:

2402

     459.015  Grounds for disciplinary action; action by the

2403

board and department.--

2404

     (1)  The following acts constitute grounds for denial of a

2405

license or disciplinary action, as specified in s. 456.072(2):

2406

     (w)  Being unable to practice osteopathic medicine with

2407

reasonable skill and safety to patients by reason of illness or

2408

use of alcohol, drugs, narcotics, chemicals, or any other type of

2409

material or as a result of any mental or physical condition. In

2410

enforcing this paragraph, the department shall, upon a finding of

2411

the State Surgeon General secretary or the State Surgeon

2412

General's secretary's designee that probable cause exists to

2413

believe that the licensee is unable to practice medicine because

2414

of the reasons stated in this paragraph, have the authority to

2415

issue an order to compel a licensee to submit to a mental or

2416

physical examination by physicians designated by the department.

2417

If the licensee refuses to comply with such order, the

2418

department's order directing such examination may be enforced by

2419

filing a petition for enforcement in the circuit court where the

2420

licensee resides or does business. The licensee against whom the

2421

petition is filed shall not be named or identified by initials in

2422

any public court records or documents, and the proceedings shall

2423

be closed to the public. The department shall be entitled to the

2424

summary procedure provided in s. 51.011. A licensee or

2425

certificateholder affected under this paragraph shall at

2426

reasonable intervals be afforded an opportunity to demonstrate

2427

that he or she can resume the competent practice of medicine with

2428

reasonable skill and safety to patients.

2429

     Section 78.  Paragraph (a) of subsection (9) of section

2430

459.022, Florida Statutes, is amended to read:

2431

     459.022  Physician assistants.--

2432

     (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on

2433

Physician Assistants is created within the department.

2434

     (a)  The council shall consist of five members appointed as

2435

follows:

2436

     1.  The chairperson of the Board of Medicine shall appoint

2437

three members who are physicians and members of the Board of

2438

Medicine. One of the physicians must supervise a physician

2439

assistant in the physician's practice.

2440

     2.  The chairperson of the Board of Osteopathic Medicine

2441

shall appoint one member who is a physician and a member of the

2442

Board of Osteopathic Medicine.

2443

     3. The State Surgeon General secretary of the department or

2444

her or his designee shall appoint a fully licensed physician

2445

assistant licensed under chapter 458 or this chapter.

2446

     Section 79.  Paragraph (q) of subsection (1) of section

2447

460.413, Florida Statutes, is amended to read:

2448

     460.413  Grounds for disciplinary action; action by board or

2449

department.--

2450

     (1)  The following acts constitute grounds for denial of a

2451

license or disciplinary action, as specified in s. 456.072(2):

2452

     (q)  Being unable to practice chiropractic medicine with

2453

reasonable skill and safety to patients by reason of illness or

2454

use of alcohol, drugs, narcotics, chemicals, or any other type of

2455

material or as a result of any mental or physical condition. In

2456

enforcing this paragraph, upon a finding by the State Surgeon

2457

General secretary of the department, or his or her designee, or

2458

the probable cause panel of the board that probable cause exists

2459

to believe that the licensee is unable to practice the profession

2460

because of reasons stated in this paragraph, the department shall

2461

have the authority to compel a licensee to submit to a mental or

2462

physical examination by a physician designated by the department.

2463

If the licensee refuses to comply with the department's order,

2464

the department may file a petition for enforcement in the circuit

2465

court of the circuit in which the licensee resides or does

2466

business. The department shall be entitled to the summary

2467

procedure provided in s. 51.011. The record of proceedings to

2468

obtain a compelled mental or physical examination shall not be

2469

used against a licensee in any other proceedings. A chiropractic

2470

physician affected under this paragraph shall at reasonable

2471

intervals be afforded an opportunity to demonstrate that she or

2472

he can resume the competent practice of chiropractic medicine

2473

with reasonable skill and safety to patients.

2474

     Section 80.  Subsection (4) of section 461.004, Florida

2475

Statutes, is amended to read:

2476

     461.004  Board of Podiatric Medicine; membership;

2477

appointment; terms.--

2478

     (4)  All provisions of chapter 456 relating to the board

2479

shall apply. However, notwithstanding the requirement of s.

2480

456.073(4) that the board provide by rule for the determination

2481

of probable cause by a panel composed of its members or by the

2482

department, the board may provide by rule that its probable cause

2483

panel may be composed of one current member of the board and one

2484

past member of the board, as long as the past member is a

2485

licensed podiatric physician in good standing. The past board

2486

member must be appointed to the panel by the chair of the board

2487

with the approval of the State Surgeon General secretary for a

2488

maximum of 2 years.

2489

     Section 81.  Paragraphs (a) and (c) of subsection (2) of

2490

section 463.0055, Florida Statutes, are amended to read:

2491

     463.0055  Administration and prescription of topical ocular

2492

pharmaceutical agents; committee.--

2493

     (2)(a)  There is hereby created a committee composed of two

2494

optometrists licensed pursuant to this chapter, appointed by the

2495

Board of Optometry, two board-certified ophthalmologists licensed

2496

pursuant to chapter 458 or chapter 459, appointed by the Board of

2497

Medicine, and one additional person with a doctorate degree in

2498

pharmacology who is not licensed pursuant to chapter 458, chapter

2499

459, or this chapter, appointed by the State Surgeon General

2500

secretary. The committee shall review requests for additions to,

2501

deletions from, or modifications of a formulary of topical ocular

2502

pharmaceutical agents for administration and prescription by

2503

certified optometrists and shall provide to the board advisory

2504

opinions and recommendations on such requests. The formulary

2505

shall consist of those topical ocular pharmaceutical agents which

2506

the certified optometrist is qualified to use in the practice of

2507

optometry. The board shall establish, add to, delete from, or

2508

modify the formulary by rule. Notwithstanding any provision of

2509

chapter 120 to the contrary, the formulary rule shall become

2510

effective 60 days from the date it is filed with the Secretary of

2511

State.

2512

     (c) The State Surgeon General secretary of the department

2513

shall have standing to challenge any rule or proposed rule of the

2514

board pursuant to s. 120.56. In addition to challenges for any

2515

invalid exercise of delegated legislative authority, the

2516

administrative law judge, upon such a challenge by the State

2517

Surgeon General secretary, may declare all or part of a rule or

2518

proposed rule invalid if it:

2519

     1.  Does not protect the public from any significant and

2520

discernible harm or damages;

2521

     2.  Unreasonably restricts competition or the availability

2522

of professional services in the state or in a significant part of

2523

the state; or

2524

     3.  Unnecessarily increases the cost of professional

2525

services without a corresponding or equivalent public benefit.

2526

2527

However, there shall not be created a presumption of the

2528

existence of any of the conditions cited in this subsection in

2529

the event that the rule or proposed rule is challenged.

2530

     Section 82.  Paragraph (d) of subsection (3) of section

2531

464.003, Florida Statutes, is amended to read:

2532

     464.003  Definitions.--As used in this part, the term:

2533

     (3)

2534

     (d)  "Advanced or specialized nursing practice" means, in

2535

addition to the practice of professional nursing, the performance

2536

of advanced-level nursing acts approved by the board which, by

2537

virtue of postbasic specialized education, training, and

2538

experience, are appropriately performed by an advanced registered

2539

nurse practitioner. Within the context of advanced or specialized

2540

nursing practice, the advanced registered nurse practitioner may

2541

perform acts of nursing diagnosis and nursing treatment of

2542

alterations of the health status. The advanced registered nurse

2543

practitioner may also perform acts of medical diagnosis and

2544

treatment, prescription, and operation which are identified and

2545

approved by a joint committee composed of three members appointed

2546

by the Board of Nursing, two of whom must be advanced registered

2547

nurse practitioners; three members appointed by the Board of

2548

Medicine, two of whom must have had work experience with advanced

2549

registered nurse practitioners; and the State Surgeon General

2550

secretary of the department or the State Surgeon General's

2551

secretary's designee. Each committee member appointed by a board

2552

shall be appointed to a term of 4 years unless a shorter term is

2553

required to establish or maintain staggered terms. The Board of

2554

Nursing shall adopt rules authorizing the performance of any such

2555

acts approved by the joint committee. Unless otherwise specified

2556

by the joint committee, such acts must be performed under the

2557

general supervision of a practitioner licensed under chapter 458,

2558

chapter 459, or chapter 466 within the framework of standing

2559

protocols which identify the medical acts to be performed and the

2560

conditions for their performance. The department may, by rule,

2561

require that a copy of the protocol be filed with the department

2562

along with the notice required by s. 458.348.

2563

     Section 83.  Paragraph (j) of subsection (1) of section

2564

464.018, Florida Statutes, is amended to read:

2565

     464.018  Disciplinary actions.--

2566

     (1)  The following acts constitute grounds for denial of a

2567

license or disciplinary action, as specified in s. 456.072(2):

2568

     (j)  Being unable to practice nursing with reasonable skill

2569

and safety to patients by reason of illness or use of alcohol,

2570

drugs, narcotics, or chemicals or any other type of material or

2571

as a result of any mental or physical condition. In enforcing

2572

this paragraph, the department shall have, upon a finding of the

2573

State Surgeon General secretary or the State Surgeon General's

2574

secretary's designee that probable cause exists to believe that

2575

the licensee is unable to practice nursing because of the reasons

2576

stated in this paragraph, the authority to issue an order to

2577

compel a licensee to submit to a mental or physical examination

2578

by physicians designated by the department. If the licensee

2579

refuses to comply with such order, the department's order

2580

directing such examination may be enforced by filing a petition

2581

for enforcement in the circuit court where the licensee resides

2582

or does business. The licensee against whom the petition is filed

2583

shall not be named or identified by initials in any public court

2584

records or documents, and the proceedings shall be closed to the

2585

public. The department shall be entitled to the summary procedure

2586

provided in s. 51.011. A nurse affected by the provisions of this

2587

paragraph shall at reasonable intervals be afforded an

2588

opportunity to demonstrate that she or he can resume the

2589

competent practice of nursing with reasonable skill and safety to

2590

patients.

2591

     Section 84.  Paragraph (c) of subsection (1) of section

2592

464.2085, Florida Statutes, is amended to read:

2593

     464.2085  Council on Certified Nursing Assistants.--The

2594

Council on Certified Nursing Assistants is created within the

2595

department, under the Board of Nursing.

2596

     (1)  The council shall consist of five members appointed as

2597

follows:

2598

     (c) The State Surgeon General secretary of the department

2599

or his or her designee shall appoint two certified nursing

2600

assistants currently certified under this chapter, at least one

2601

of whom is currently working in a licensed nursing home.

2602

     Section 85.  Paragraph (c) of subsection (2) of section

2603

466.004, Florida Statutes, is amended to read:

2604

     466.004  Board of Dentistry.--

2605

     (2)  To advise the board, it is the intent of the

2606

Legislature that councils be appointed as specified in paragraphs

2607

(a), (b), and (c). The department shall provide administrative

2608

support to the councils and shall provide public notice of

2609

meetings and agenda of the councils. Councils shall include at

2610

least one board member who shall chair the council and shall

2611

include nonboard members. All council members shall be appointed

2612

by the board chair. Council members shall be appointed for 4-year

2613

terms, and all members shall be eligible for reimbursement of

2614

expenses in the manner of board members.

2615

     (c) With the concurrence of the State Surgeon General

2616

secretary, the board chair may create and abolish other advisory

2617

councils relating to dental subjects, including, but not limited

2618

to: examinations, access to dental care, indigent care, nursing

2619

home and institutional care, public health, disciplinary

2620

guidelines, and other subjects as appropriate. Such councils

2621

shall be appointed by the board chair and shall include at least

2622

one board member who shall serve as chair.

2623

     Section 86.  Paragraph (s) of subsection (1) of section

2624

466.028, Florida Statutes, is amended to read:

2625

     466.028  Grounds for disciplinary action; action by the

2626

board.--

2627

     (1)  The following acts constitute grounds for denial of a

2628

license or disciplinary action, as specified in s. 456.072(2):

2629

     (s)  Being unable to practice her or his profession with

2630

reasonable skill and safety to patients by reason of illness or

2631

use of alcohol, drugs, narcotics, chemicals, or any other type of

2632

material or as a result of any mental or physical condition. In

2633

enforcing this paragraph, the department shall have, upon a

2634

finding of the State Surgeon General secretary or her or his

2635

designee that probable cause exists to believe that the licensee

2636

is unable to practice dentistry or dental hygiene because of the

2637

reasons stated in this paragraph, the authority to issue an order

2638

to compel a licensee to submit to a mental or physical

2639

examination by physicians designated by the department. If the

2640

licensee refuses to comply with such order, the department's

2641

order directing such examination may be enforced by filing a

2642

petition for enforcement in the circuit court where the licensee

2643

resides or does business. The licensee against whom the petition

2644

is filed shall not be named or identified by initials in any

2645

public court records or documents, and the proceedings shall be

2646

closed to the public. The department shall be entitled to the

2647

summary procedure provided in s. 51.011. A licensee affected

2648

under this paragraph shall at reasonable intervals be afforded an

2649

opportunity to demonstrate that she or he can resume the

2650

competent practice of her or his profession with reasonable skill

2651

and safety to patients.

2652

     Section 87. Subsection (14) of section 467.003, Florida

2653

Statutes, is repealed.

2654

     Section 88.  Subsection (1) of section 467.004, Florida

2655

Statutes, is amended to read:

2656

     467.004  Council of Licensed Midwifery.--

2657

     (1)  The Council of Licensed Midwifery is created within the

2658

department and shall consist of nine members to be appointed by

2659

the State Surgeon General secretary.

2660

     Section 89.  Paragraph (aa) of subsection (1) of section

2661

468.1295, Florida Statutes, is amended to read:

2662

     468.1295  Disciplinary proceedings.--

2663

     (1)  The following acts constitute grounds for denial of a

2664

license or disciplinary action, as specified in s. 456.072(2):

2665

     (aa)  Being unable to practice the profession for which he

2666

or she is licensed or certified under this chapter with

2667

reasonable skill or competence as a result of any mental or

2668

physical condition or by reason of illness, drunkenness, or use

2669

of drugs, narcotics, chemicals, or any other substance. In

2670

enforcing this paragraph, upon a finding by the State Surgeon

2671

General secretary, his or her designee, or the board that

2672

probable cause exists to believe that the licensee or

2673

certificateholder is unable to practice the profession because of

2674

the reasons stated in this paragraph, the department shall have

2675

the authority to compel a licensee or certificateholder to submit

2676

to a mental or physical examination by a physician, psychologist,

2677

clinical social worker, marriage and family therapist, or mental

2678

health counselor designated by the department or board. If the

2679

licensee or certificateholder refuses to comply with the

2680

department's order directing the examination, such order may be

2681

enforced by filing a petition for enforcement in the circuit

2682

court in the circuit in which the licensee or certificateholder

2683

resides or does business. The department shall be entitled to the

2684

summary procedure provided in s. 51.011. A licensee or

2685

certificateholder affected under this paragraph shall at

2686

reasonable intervals be afforded an opportunity to demonstrate

2687

that he or she can resume the competent practice for which he or

2688

she is licensed or certified with reasonable skill and safety to

2689

patients.

2690

     Section 90.  Paragraph (l) of subsection (1) of section

2691

468.1755, Florida Statutes, is amended to read:

2692

     468.1755  Disciplinary proceedings.--

2693

     (1)  The following acts constitute grounds for denial of a

2694

license or disciplinary action, as specified in s. 456.072(2):

2695

     (l)  Being unable to practice nursing home administration

2696

with reasonable skill and safety to patients by reason of

2697

illness, drunkenness, use of drugs, narcotics, chemicals, or any

2698

other material or substance or as a result of any mental or

2699

physical condition. In enforcing this paragraph, upon a finding

2700

of the State Surgeon General secretary or his or her designee

2701

that probable cause exists to believe that the licensee is unable

2702

to serve as a nursing home administrator due to the reasons

2703

stated in this paragraph, the department shall have the authority

2704

to issue an order to compel the licensee to submit to a mental or

2705

physical examination by a physician designated by the department.

2706

If the licensee refuses to comply with such order, the

2707

department's order directing such examination may be enforced by

2708

filing a petition for enforcement in the circuit court where the

2709

licensee resides or serves as a nursing home administrator. The

2710

licensee against whom the petition is filed shall not be named or

2711

identified by initials in any public court records or documents,

2712

and the proceedings shall be closed to the public. The department

2713

shall be entitled to the summary procedure provided in s. 51.011.

2714

A licensee affected under this paragraph shall have the

2715

opportunity, at reasonable intervals, to demonstrate that he or

2716

she can resume the competent practice of nursing home

2717

administration with reasonable skill and safety to patients.

2718

     Section 91. Subsection (18) of section 468.301, Florida

2719

Statutes, is repealed.

2720

     Section 92.  Subsections (1) and (3) of section 468.314,

2721

Florida Statutes, are amended to read:

2722

     468.314  Advisory Council on Radiation Protection;

2723

appointment; terms; powers; duties.--

2724

     (1)  The Advisory Council on Radiation Protection is created

2725

within the Department of Health and shall consist of 16 persons

2726

to be appointed by the State Surgeon General secretary for 3-year

2727

terms.

2728

     (3)  The council shall meet at least twice a year, but no

2729

more than four times per year unless authorized by the State

2730

Surgeon General secretary.

2731

     Section 93.  Paragraph (c) of subsection (4) of section

2732

468.354, Florida Statutes, is amended to read:

2733

     468.354  Board of Respiratory Care; organization;

2734

function.--

2735

     (4)

2736

     (c)  Unless otherwise provided by law, a board member shall

2737

be compensated $50 for each day he or she attends an official

2738

board meeting and for each day he or she participates in any

2739

other board business. A board member shall also be entitled to

2740

reimbursement for expenses pursuant to s. 112.061. Travel out of

2741

the state shall require the prior approval of the State Surgeon

2742

General secretary of the department.

2743

     Section 94.  Section 468.506, Florida Statutes, is amended

2744

to read:

2745

     468.506  Dietetics and Nutrition Practice Council.--There is

2746

created the Dietetics and Nutrition Practice Council under the

2747

supervision of the board. The council shall consist of four

2748

persons licensed under this part and one consumer who is 60 years

2749

of age or older. Council members shall be appointed by the board.

2750

Licensed members shall be appointed based on the proportion of

2751

licensees within each of the respective disciplines. Members

2752

shall be appointed for 4-year staggered terms. In order to be

2753

eligible for appointment, each licensed member must have been a

2754

licensee under this part for at least 3 years prior to his or her

2755

appointment. No council member shall serve more than two

2756

successive terms. The board may delegate such powers and duties

2757

to the council as it may deem proper to carry out the operations

2758

and procedures necessary to effectuate the provisions of this

2759

part. However, the powers and duties delegated to the council by

2760

the board must encompass both dietetics and nutrition practice

2761

and nutrition counseling. Any time there is a vacancy on the

2762

council, any professional association composed of persons

2763

licensed under this part may recommend licensees to fill the

2764

vacancy to the board in a number at least twice the number of

2765

vacancies to be filled, and the board may appoint from the

2766

submitted list, in its discretion, any of those persons so

2767

recommended. Any professional association composed of persons

2768

licensed under this part may file an appeal regarding a council

2769

appointment with the State Surgeon General secretary of the

2770

department, whose decision shall be final. The board shall fix

2771

council members' compensation and pay their expenses in the same

2772

manner as provided in s. 456.011.

2773

     Section 95.  Paragraph (c) of subsection (4) of section

2774

478.44, Florida Statutes, is amended to read:

2775

     478.44  Electrolysis Council; creation; function; powers and

2776

duties.--

2777

     (4)

2778

     (c)  Unless otherwise provided by law, a council member

2779

shall be compensated $50 for each day the member attends an

2780

official meeting of the council or participates in official

2781

council business. A council member is also entitled to

2782

reimbursement for expenses pursuant to s. 112.061. Travel out of

2783

state requires the prior approval of the State Surgeon General

2784

Secretary of Health.

2785

     Section 96.  Subsection (5) of section 480.042, Florida

2786

Statutes, is amended to read:

2787

     480.042  Examinations.--

2788

     (5)  All licensing examinations shall be conducted in such

2789

manner that the applicant shall be known to the department by

2790

number until her or his examination is completed and the proper

2791

grade determined. An accurate record of each examination shall be

2792

made; and that record, together with all examination papers,

2793

shall be filed with the State Surgeon General secretary of the

2794

department and shall be kept for reference and inspection for a

2795

period of not less than 2 years immediately following the

2796

examination.

2797

     Section 97.  Paragraph (l) of subsection (1) of section

2798

483.825, Florida Statutes, is amended to read:

2799

     483.825  Grounds for disciplinary action.--

2800

     (1)  The following acts constitute grounds for denial of a

2801

license or disciplinary action, as specified in s. 456.072(2):

2802

     (l)  Being unable to perform or report clinical laboratory

2803

examinations with reasonable skill and safety to patients by

2804

reason of illness or use of alcohol, drugs, narcotics, chemicals,

2805

or any other type of material or as a result of any mental or

2806

physical condition. In enforcing this paragraph, the department

2807

shall have, upon a finding of the State Surgeon General secretary

2808

or his or her designee that probable cause exists to believe that

2809

the licensee is unable to practice because of the reasons stated

2810

in this paragraph, the authority to issue an order to compel a

2811

licensee to submit to a mental or physical examination by

2812

physicians designated by the department. If the licensee refuses

2813

to comply with such order, the department's order directing such

2814

examination may be enforced by filing a petition for enforcement

2815

in the circuit court where the licensee resides or does business.

2816

The department shall be entitled to the summary procedure

2817

provided in s. 51.011. A licensee affected under this paragraph

2818

shall at reasonable intervals be afforded an opportunity to

2819

demonstrate that he or she can resume competent practice with

2820

reasonable skill and safety to patients.

2821

     Section 98.  Paragraphs (a), (b), (c), (d), (e), and (g) of

2822

subsection (4) of section 483.901, Florida Statutes, are amended

2823

to read:

2824

     483.901  Medical physicists; definitions; licensure.--

2825

     (4)  COUNCIL.--The Advisory Council of Medical Physicists is

2826

created in the Department of Health to advise the department in

2827

regulating the practice of medical physics in this state.

2828

     (a)  The council shall be composed of nine members appointed

2829

by the State Surgeon General secretary of the department as

2830

follows:

2831

     1.  A licensed medical physicist who specializes in

2832

diagnostic radiological physics.

2833

     2.  A licensed medical physicist who specializes in

2834

therapeutic radiological physics.

2835

     3.  A licensed medical physicist who specializes in medical

2836

nuclear radiological physics.

2837

     4.  A physician who is board certified by the American Board

2838

of Radiology or its equivalent.

2839

     5.  A physician who is board certified by the American

2840

Osteopathic Board of Radiology or its equivalent.

2841

     6.  A chiropractic physician who practices radiology.

2842

     7.  Three consumer members who are not, and have never been,

2843

licensed as a medical physicist or licensed in any closely

2844

related profession.

2845

     (b) The State Surgeon General secretary of the department

2846

shall appoint the medical physicist members of the council from a

2847

list of candidates who are licensed to practice medical physics.

2848

     (c) The State Surgeon General secretary of the department

2849

shall appoint the physician members of the council from a list of

2850

candidates who are licensed to practice medicine in this state

2851

and are board certified in diagnostic radiology, therapeutic

2852

radiology, or radiation oncology.

2853

     (d) The State Surgeon General secretary of the department

2854

shall appoint the public members of the council.

2855

     (e) As the term of each member expires, the State Surgeon

2856

General secretary of the department shall appoint the successor

2857

for a term of 4 years. A member shall serve until the member's

2858

successor is appointed, unless physically unable to do so.

2859

     (g) If a vacancy on the council occurs, the State Surgeon

2860

General secretary shall appoint a member to serve for a 4-year

2861

term.

2862

     Section 99.  Subsection (4) of section 484.042, Florida

2863

Statutes, is amended to read:

2864

     484.042  Board of Hearing Aid Specialists; membership,

2865

appointment, terms.--

2866

     (4)  All provisions of chapter 456 relating to activities of

2867

regulatory boards apply to the board. However, notwithstanding

2868

the requirement of s. 456.073(4) that the board provide by rule

2869

for the determination of probable cause by a panel composed of

2870

its members or by the department, the board may provide by rule

2871

that its probable cause panel may be composed of one current

2872

member of the board and one past member of the board, as long as

2873

the past member is a licensed hearing aid specialist in good

2874

standing. The past board member shall be appointed to the panel

2875

for a maximum of 2 years by the chair of the board with the

2876

approval of the State Surgeon General secretary.

2877

     Section 100.  Paragraph (a) of subsection (1) of section

2878

486.125, Florida Statutes, is amended to read:

2879

     486.125  Refusal, revocation, or suspension of license;

2880

administrative fines and other disciplinary measures.--

2881

     (1)  The following acts constitute grounds for denial of a

2882

license or disciplinary action, as specified in s. 456.072(2):

2883

     (a)  Being unable to practice physical therapy with

2884

reasonable skill and safety to patients by reason of illness or

2885

use of alcohol, drugs, narcotics, chemicals, or any other type of

2886

material or as a result of any mental or physical condition.

2887

     1. In enforcing this paragraph, upon a finding of the State

2888

Surgeon General secretary or the State Surgeon General's

2889

secretary's designee that probable cause exists to believe that

2890

the licensee is unable to practice physical therapy due to the

2891

reasons stated in this paragraph, the department shall have the

2892

authority to compel a physical therapist or physical therapist

2893

assistant to submit to a mental or physical examination by a

2894

physician designated by the department. If the licensee refuses

2895

to comply with such order, the department's order directing such

2896

examination may be enforced by filing a petition for enforcement

2897

in the circuit court where the licensee resides or serves as a

2898

physical therapy practitioner. The licensee against whom the

2899

petition is filed shall not be named or identified by initials in

2900

any public court records or documents, and the proceedings shall

2901

be closed to the public. The department shall be entitled to the

2902

summary procedure provided in s. 51.011.

2903

     2.  A physical therapist or physical therapist assistant

2904

whose license is suspended or revoked pursuant to this subsection

2905

shall, at reasonable intervals, be given an opportunity to

2906

demonstrate that she or he can resume the competent practice of

2907

physical therapy with reasonable skill and safety to patients.

2908

     3.  Neither the record of proceeding nor the orders entered

2909

by the board in any proceeding under this subsection may be used

2910

against a physical therapist or physical therapist assistant in

2911

any other proceeding.

2912

     Section 101.  Subsection (3) of section 487.041, Florida

2913

Statutes, is amended to read:

2914

     487.041  Registration.--

2915

     (3)  The department shall adopt rules governing the

2916

procedures for the registration of a brand of pesticide and for

2917

the review of data submitted by an applicant for registration of

2918

the brand of pesticide. The department shall determine whether

2919

the brand of pesticide should be registered, registered with

2920

conditions, or tested under field conditions in this state. The

2921

department shall determine whether each request for registration

2922

of a brand of pesticide meets the requirements of current state

2923

and federal law. The department, whenever it deems it necessary

2924

in the administration of this part, may require the manufacturer

2925

or registrant to submit the complete formula, quantities shipped

2926

into or manufactured in the state for distribution and sale,

2927

evidence of the efficacy and the safety of any pesticide, and

2928

other relevant data. The department may review and evaluate a

2929

registered pesticide if new information is made available that

2930

indicates that use of the pesticide has caused an unreasonable

2931

adverse effect on public health or the environment. Such review

2932

shall be conducted upon the request of the State Surgeon General

2933

Secretary of Health in the event of an unreasonable adverse

2934

effect on public health or the Secretary of Environmental

2935

Protection in the event of an unreasonable adverse effect on the

2936

environment. Such review may result in modifications, revocation,

2937

cancellation, or suspension of the registration of a brand of

2938

pesticide. The department, for reasons of adulteration,

2939

misbranding, or other good cause, may refuse or revoke the

2940

registration of the brand of any pesticide after notice to the

2941

applicant or registrant giving the reason for the decision. The

2942

applicant may then request a hearing, pursuant to chapter 120, on

2943

the intention of the department to refuse or revoke registration,

2944

and, upon his or her failure to do so, the refusal or revocation

2945

shall become final without further procedure. The registration of

2946

a brand of pesticide may not be construed as a defense for the

2947

commission of any offense prohibited under this part.

2948

     Section 102.  Paragraph (p) of subsection (1) of section

2949

490.009, Florida Statutes, is amended to read:

2950

     490.009  Discipline.--

2951

     (1)  The following acts constitute grounds for denial of a

2952

license or disciplinary action, as specified in s. 456.072(2):

2953

     (p)  Being unable to practice the profession for which he or

2954

she is licensed under this chapter with reasonable skill or

2955

competence as a result of any mental or physical condition or by

2956

reason of illness; drunkenness; or excessive use of drugs,

2957

narcotics, chemicals, or any other substance. In enforcing this

2958

paragraph, upon a finding by the State Surgeon General secretary,

2959

the State Surgeon General's secretary's designee, or the board

2960

that probable cause exists to believe that the licensee is unable

2961

to practice the profession because of the reasons stated in this

2962

paragraph, the department shall have the authority to compel a

2963

licensee to submit to a mental or physical examination by

2964

psychologists or physicians designated by the department or

2965

board. If the licensee refuses to comply with the department's

2966

order, the department may file a petition for enforcement in the

2967

circuit court of the circuit in which the licensee resides or

2968

does business. The licensee shall not be named or identified by

2969

initials in the petition or in any other public court records or

2970

documents, and the enforcement proceedings shall be closed to the

2971

public. The department shall be entitled to the summary procedure

2972

provided in s. 51.011. A licensee affected under this paragraph

2973

shall be afforded an opportunity at reasonable intervals to

2974

demonstrate that he or she can resume the competent practice for

2975

which he or she is licensed with reasonable skill and safety to

2976

patients.

2977

     Section 103.  Paragraph (p) of subsection (1) of section

2978

491.009, Florida Statutes, is amended to read:

2979

     491.009  Discipline.--

2980

     (1)  The following acts constitute grounds for denial of a

2981

license or disciplinary action, as specified in s. 456.072(2):

2982

     (p)  Being unable to practice the profession for which he or

2983

she is licensed, registered, or certified under this chapter with

2984

reasonable skill or competence as a result of any mental or

2985

physical condition or by reason of illness; drunkenness; or

2986

excessive use of drugs, narcotics, chemicals, or any other

2987

substance. In enforcing this paragraph, upon a finding by the

2988

State Surgeon General secretary, the State Surgeon General's

2989

secretary's designee, or the board that probable cause exists to

2990

believe that the licensee, registered intern, or

2991

certificateholder is unable to practice the profession because of

2992

the reasons stated in this paragraph, the department shall have

2993

the authority to compel a licensee, registered intern, or

2994

certificateholder to submit to a mental or physical examination

2995

by psychologists, physicians, or other licensees under this

2996

chapter, designated by the department or board. If the licensee,

2997

registered intern, or certificateholder refuses to comply with

2998

such order, the department's order directing the examination may

2999

be enforced by filing a petition for enforcement in the circuit

3000

court in the circuit in which the licensee, registered intern, or

3001

certificateholder resides or does business. The licensee,

3002

registered intern, or certificateholder against whom the petition

3003

is filed shall not be named or identified by initials in any

3004

public court records or documents, and the proceedings shall be

3005

closed to the public. The department shall be entitled to the

3006

summary procedure provided in s. 51.011. A licensee, registered

3007

intern, or certificateholder affected under this paragraph shall

3008

at reasonable intervals be afforded an opportunity to demonstrate

3009

that he or she can resume the competent practice for which he or

3010

she is licensed, registered, or certified with reasonable skill

3011

and safety to patients.

3012

     Section 104.  Paragraph (a) of subsection (1) of section

3013

499.012, Florida Statutes, is amended to read:

3014

     499.012  Wholesale distribution; definitions; permits;

3015

applications; general requirements.--

3016

     (1)  As used in this section, the term:

3017

     (a)  "Wholesale distribution" means distribution of

3018

prescription drugs to persons other than a consumer or patient,

3019

but does not include:

3020

     1.  Any of the following activities, which is not a

3021

violation of s. 499.005(21) if such activity is conducted in

3022

accordance with s. 499.014:

3023

     a.  The purchase or other acquisition by a hospital or other

3024

health care entity that is a member of a group purchasing

3025

organization of a prescription drug for its own use from the

3026

group purchasing organization or from other hospitals or health

3027

care entities that are members of that organization.

3028

     b.  The sale, purchase, or trade of a prescription drug or

3029

an offer to sell, purchase, or trade a prescription drug by a

3030

charitable organization described in s. 501(c)(3) of the Internal

3031

Revenue Code of 1986, as amended and revised, to a nonprofit

3032

affiliate of the organization to the extent otherwise permitted

3033

by law.

3034

     c.  The sale, purchase, or trade of a prescription drug or

3035

an offer to sell, purchase, or trade a prescription drug among

3036

hospitals or other health care entities that are under common

3037

control. For purposes of this section, "common control" means the

3038

power to direct or cause the direction of the management and

3039

policies of a person or an organization, whether by ownership of

3040

stock, by voting rights, by contract, or otherwise.

3041

     d.  The sale, purchase, trade, or other transfer of a

3042

prescription drug from or for any federal, state, or local

3043

government agency or any entity eligible to purchase prescription

3044

drugs at public health services prices pursuant to Pub. L. No.

3045

102-585, s. 602 to a contract provider or its subcontractor for

3046

eligible patients of the agency or entity under the following

3047

conditions:

3048

     (I)  The agency or entity must obtain written authorization

3049

for the sale, purchase, trade, or other transfer of a

3050

prescription drug under this sub-subparagraph from the State

3051

Surgeon General Secretary of Health or his or her designee.

3052

     (II)  The contract provider or subcontractor must be

3053

authorized by law to administer or dispense prescription drugs.

3054

     (III)  In the case of a subcontractor, the agency or entity

3055

must be a party to and execute the subcontract.

3056

     (IV)  A contract provider or subcontractor must maintain

3057

separate and apart from other prescription drug inventory any

3058

prescription drugs of the agency or entity in its possession.

3059

     (V)  The contract provider and subcontractor must maintain

3060

and produce immediately for inspection all records of movement or

3061

transfer of all the prescription drugs belonging to the agency or

3062

entity, including, but not limited to, the records of receipt and

3063

disposition of prescription drugs. Each contractor and

3064

subcontractor dispensing or administering these drugs must

3065

maintain and produce records documenting the dispensing or

3066

administration. Records that are required to be maintained

3067

include, but are not limited to, a perpetual inventory itemizing

3068

drugs received and drugs dispensed by prescription number or

3069

administered by patient identifier, which must be submitted to

3070

the agency or entity quarterly.

3071

     (VI)  The contract provider or subcontractor may administer

3072

or dispense the prescription drugs only to the eligible patients

3073

of the agency or entity or must return the prescription drugs for

3074

or to the agency or entity. The contract provider or

3075

subcontractor must require proof from each person seeking to fill

3076

a prescription or obtain treatment that the person is an eligible

3077

patient of the agency or entity and must, at a minimum, maintain

3078

a copy of this proof as part of the records of the contractor or

3079

subcontractor required under sub-sub-subparagraph (V).

3080

     (VII)  In addition to the departmental inspection authority

3081

set forth in s. 499.051, the establishment of the contract

3082

provider and subcontractor and all records pertaining to

3083

prescription drugs subject to this sub-subparagraph shall be

3084

subject to inspection by the agency or entity. All records

3085

relating to prescription drugs of a manufacturer under this sub-

3086

subparagraph shall be subject to audit by the manufacturer of

3087

those drugs, without identifying individual patient information.

3088

     2.  Any of the following activities, which is not a

3089

violation of s. 499.005(21) if such activity is conducted in

3090

accordance with rules established by the department:

3091

     a.  The sale, purchase, or trade of a prescription drug

3092

among federal, state, or local government health care entities

3093

that are under common control and are authorized to purchase such

3094

prescription drug.

3095

     b.  The sale, purchase, or trade of a prescription drug or

3096

an offer to sell, purchase, or trade a prescription drug for

3097

emergency medical reasons. For purposes of this sub-subparagraph,

3098

the term "emergency medical reasons" includes transfers of

3099

prescription drugs by a retail pharmacy to another retail

3100

pharmacy to alleviate a temporary shortage.

3101

     c.  The transfer of a prescription drug acquired by a

3102

medical director on behalf of a licensed emergency medical

3103

services provider to that emergency medical services provider and

3104

its transport vehicles for use in accordance with the provider's

3105

license under chapter 401.

3106

     d.  The revocation of a sale or the return of a prescription

3107

drug to the person's prescription drug wholesale supplier.

3108

     e.  The donation of a prescription drug by a health care

3109

entity to a charitable organization that has been granted an

3110

exemption under s. 501(c)(3) of the Internal Revenue Code of

3111

1986, as amended, and that is authorized to possess prescription

3112

drugs.

3113

     f.  The transfer of a prescription drug by a person

3114

authorized to purchase or receive prescription drugs to a person

3115

licensed or permitted to handle reverse distributions or

3116

destruction under the laws of the jurisdiction in which the

3117

person handling the reverse distribution or destruction receives

3118

the drug.

3119

     g.  The transfer of a prescription drug by a hospital or

3120

other health care entity to a person licensed under this chapter

3121

to repackage prescription drugs for the purpose of repackaging

3122

the prescription drug for use by that hospital, or other health

3123

care entity and other health care entities that are under common

3124

control, if ownership of the prescription drugs remains with the

3125

hospital or other health care entity at all times. In addition to

3126

the recordkeeping requirements of s. 499.0121(6), the hospital or

3127

health care entity that transfers prescription drugs pursuant to

3128

this sub-subparagraph must reconcile all drugs transferred and

3129

returned and resolve any discrepancies in a timely manner.

3130

     3.  The distribution of prescription drug samples by

3131

manufacturers' representatives or distributors' representatives

3132

conducted in accordance with s. 499.028.

3133

     4.  The sale, purchase, or trade of blood and blood

3134

components intended for transfusion. As used in this

3135

subparagraph, the term "blood" means whole blood collected from a

3136

single donor and processed either for transfusion or further

3137

manufacturing, and the term "blood components" means that part of

3138

the blood separated by physical or mechanical means.

3139

     5.  The lawful dispensing of a prescription drug in

3140

accordance with chapter 465.

3141

     6.  The sale, purchase, or trade of a prescription drug

3142

between pharmacies as a result of a sale, transfer, merger, or

3143

consolidation of all or part of the business of the pharmacies

3144

from or with another pharmacy, whether accomplished as a purchase

3145

and sale of stock or of business assets.

3146

     Section 105.  Subsection (2) of section 499.01211, Florida

3147

Statutes, is amended to read:

3148

     499.01211  Drug Wholesaler Advisory Council.--

3149

     (2) The State Surgeon General secretary of the department,

3150

or his or her designee, and the Secretary of Health Care

3151

Administration, or her or his designee, shall be members of the

3152

council. The State Surgeon General Secretary of Health shall

3153

appoint nine additional members to the council who shall be

3154

appointed to a term of 4 years each, as follows:

3155

     (a)  Three different persons each of whom is employed by a

3156

different prescription drug wholesaler licensed under this

3157

chapter which operates nationally and is a primary wholesaler, as

3158

defined in s. 499.012(1)(d).

3159

     (b)  One person employed by a prescription drug wholesaler

3160

licensed under this chapter which is a secondary wholesaler, as

3161

defined in s. 499.012(1)(f).

3162

     (c)  One person employed by a retail pharmacy chain located

3163

in this state.

3164

     (d)  One person who is a member of the Board of Pharmacy and

3165

is a pharmacist licensed under chapter 465.

3166

     (e)  One person who is a physician licensed pursuant to

3167

chapter 458 or chapter 459.

3168

     (f)  One person who is an employee of a hospital licensed

3169

pursuant to chapter 395 and is a pharmacist licensed pursuant to

3170

chapter 465.

3171

     (g)  One person who is an employee of a pharmaceutical

3172

manufacturer.

3173

     Section 106.  Section 499.024, Florida Statutes, is amended

3174

to read:

3175

     499.024 Drug product classification.--The State Surgeon

3176

General secretary shall adopt rules to classify drug products

3177

intended for use by humans which the United States Food and Drug

3178

Administration has not classified in the federal act or the Code

3179

of Federal Regulations.

3180

     (1)  Drug products must be classified as proprietary,

3181

prescription, or investigational drugs.

3182

     (2)  If a product is distributed without required labeling,

3183

it is misbranded while held for sale.

3184

     (3)  Any product that falls under the drug definition, s.

3185

499.003(17), may be classified under the authority of this

3186

section. This section does not subject portable emergency oxygen

3187

inhalators to classification; however, this section does not

3188

exempt any person from ss. 499.01 and 499.015.

3189

     (4)  Any product classified under the authority of this

3190

section reverts to the federal classification, if different, upon

3191

the federal regulation or act becoming effective.

3192

     (5)  The department may by rule reclassify drugs subject to

3193

ss. 499.001-499.081 when such classification action is necessary

3194

to protect the public health.

3195

     (6)  The department may adopt rules that exempt from any

3196

labeling or packaging requirements of ss. 499.001-499.081 drugs

3197

classified under this section if those requirements are not

3198

necessary to protect the public health.

3199

     Section 107.  Subsection (2) of section 499.065, Florida

3200

Statutes, is amended to read:

3201

     499.065  Imminent danger.--

3202

     (2)  To protect the public from prescription drugs that are

3203

adulterated or otherwise unfit for human or animal consumption,

3204

the department may examine, sample, seize, and stop the sale or

3205

use of prescription drugs to determine the condition of those

3206

drugs. The department may immediately seize and remove any

3207

prescription drugs if the State Surgeon General Secretary of

3208

Health or his or her designee determines that the prescription

3209

drugs represent a threat to the public health. The owner of any

3210

property seized under this section may, within 10 days after the

3211

seizure, apply to a court of competent jurisdiction for whatever

3212

relief is appropriate. At any time after 10 days, the department

3213

may destroy the drugs as contraband.

3214

3215

For purposes of this section, a refusal to allow entry to the

3216

department for inspection at reasonable times, or a failure or

3217

refusal to provide the department with required documentation for

3218

purposes of inspection, constitutes an imminent danger to the

3219

public health.

3220

     Section 108.  Subsection (1) of section 500.033, Florida

3221

Statutes, is amended to read:

3222

     500.033  Florida Food Safety and Food Defense Advisory

3223

Council.--

3224

     (1)  There is created the Florida Food Safety and Food

3225

Defense Advisory Council for the purpose of serving as a forum

3226

for presenting, investigating, and evaluating issues of current

3227

importance to the assurance of a safe and secure food supply to

3228

the citizens of Florida. The Florida Food Safety and Food Defense

3229

Advisory Council shall consist of, but not be limited to: the

3230

Commissioner of Agriculture or his or her designee; the State

3231

Surgeon General Secretary of Health or his or her designee; the

3232

Secretary of Business and Professional Regulation or his or her

3233

designee; the person responsible for domestic security with the

3234

Department of Law Enforcement; members representing the

3235

production, processing, distribution, and sale of foods;

3236

consumers or members of citizens groups; representatives of food

3237

industry groups; scientists or other experts in aspects of food

3238

safety from state universities; representatives from local,

3239

state, and federal agencies that are charged with

3240

responsibilities for food safety or food defense; the chairs of

3241

the Agriculture Committees of the Senate and the House of

3242

Representatives or their designees; and the chairs of the

3243

committees of the Senate and the House of Representatives with

3244

jurisdictional oversight of home defense issues or their

3245

designees. The Commissioner of Agriculture shall appoint the

3246

remaining members. The council shall make periodic reports to the

3247

Department of Agriculture and Consumer Services concerning

3248

findings and recommendations in the area of food safety and food

3249

defense.

3250

     Section 109.  Section 514.0231, Florida Statutes, is amended

3251

to read:

3252

     514.0231  Advisory committee to oversee sampling of beach

3253

waters.--The Department of Health shall form an interagency

3254

technical advisory committee to oversee the performance of the

3255

study required in s. 514.023 and to advise it in rulemaking

3256

pertaining to standards for public bathing places along the

3257

coastal and intracoastal beaches and shores of the state.

3258

Membership on the committee shall consist of equal numbers of

3259

staff of the Department of Health and the Department of

3260

Environmental Protection with expertise in the subject matter of

3261

the study. Members shall be appointed by the State Surgeon

3262

General and the Secretary of Environmental Protection respective

3263

secretaries of these departments. The committee shall be chaired

3264

by a representative from the Department of Health.

3265

     Section 110.  Section 768.1326, Florida Statutes, is amended

3266

to read:

3267

     768.1326  Placement of automated external defibrillators in

3268

state buildings; rulemaking authority.--No later than January 1,

3269

2003, the State Surgeon General Secretary of the Department of

3270

Health shall adopt rules to establish guidelines on the

3271

appropriate placement of automated external defibrillator devices

3272

in buildings or portions of buildings owned or leased by the

3273

state, and shall establish, by rule, recommendations on

3274

procedures for the deployment of automated external defibrillator

3275

devices in such buildings in accordance with the guidelines. The

3276

Secretary of Management Services shall assist the State Surgeon

3277

General Secretary of the Department of Health in the development

3278

of the guidelines. The guidelines for the placement of the

3279

automated external defibrillators shall take into account the

3280

typical number of employees and visitors in the buildings, the

3281

extent of the need for security measures regarding the buildings,

3282

special circumstances in buildings or portions of buildings such

3283

as high electrical voltages or extreme heat or cold, and such

3284

other factors as the State Surgeon General and Secretary of

3285

Management Services Secretaries determine to be appropriate. The

3286

State Surgeon General's Secretary of the Department of Health's

3287

recommendations for deployment of automated external

3288

defibrillators in buildings or portions of buildings owned or

3289

leased by the state shall include:

3290

     (1)  A reference list of appropriate training courses in the

3291

use of such devices, including the role of cardiopulmonary

3292

resuscitation;

3293

     (2)  The extent to which such devices may be used by

3294

laypersons;

3295

     (3)  Manufacturer recommended maintenance and testing of the

3296

devices; and

3297

     (4)  Coordination with local emergency medical services

3298

systems regarding the incidents of use of the devices.

3299

3300

In formulating these guidelines and recommendations, the State

3301

Surgeon General Secretary may consult with all appropriate public

3302

and private entities, including national and local public health

3303

organizations that seek to improve the survival rates of

3304

individuals who experience cardiac arrest.

3305

     Section 111.  Paragraph (a) of subsection (1) and paragraph

3306

(a) of subsection (4) of section 943.0313, Florida Statutes, are

3307

amended to read:

3308

     943.0313  Domestic Security Oversight Council.--The

3309

Legislature finds that there exists a need to provide executive

3310

direction and leadership with respect to terrorism prevention,

3311

preparation, protection, response, and recovery efforts by state

3312

and local agencies in this state. In recognition of this need,

3313

the Domestic Security Oversight Council is hereby created. The

3314

council shall serve as an advisory council pursuant to s.

3315

20.03(7) to provide guidance to the state's regional domestic

3316

security task forces and other domestic security working groups

3317

and to make recommendations to the Governor and the Legislature

3318

regarding the expenditure of funds and allocation of resources

3319

related to counter-terrorism and domestic security efforts.

3320

     (1)  MEMBERSHIP.--

3321

     (a)  The Domestic Security Oversight Council shall consist

3322

of the following voting members:

3323

     1.  The executive director of the Department of Law

3324

Enforcement.

3325

     2.  The director of the Division of Emergency Management

3326

within the Department of Community Affairs.

3327

     3.  The Attorney General.

3328

     4.  The Commissioner of Agriculture.

3329

     5. The State Surgeon General Secretary of Health.

3330

     6.  The Commissioner of Education.

3331

     7.  The State Fire Marshal.

3332

     8.  The adjutant general of the Florida National Guard.

3333

     9.  The state chief information officer.

3334

     10.  Each sheriff or chief of police who serves as a co-

3335

chair of a regional domestic security task force pursuant to s.

3336

943.0312(1)(b).

3337

     11.  Each of the department's special agents in charge who

3338

serve as a co-chair of a regional domestic security task force.

3339

     12.  Two representatives of the Florida Fire Chiefs

3340

Association.

3341

     13.  One representative of the Florida Police Chiefs

3342

Association.

3343

     14.  One representative of the Florida Prosecuting Attorneys

3344

Association.

3345

     15.  The chair of the Statewide Domestic Security

3346

Intelligence Committee.

3347

     16.  One representative of the Florida Hospital Association.

3348

     17.  One representative of the Emergency Medical Services

3349

Advisory Council.

3350

     18.  One representative of the Florida Emergency

3351

Preparedness Association.

3352

     19.  One representative of the Florida Seaport

3353

Transportation and Economic Development Council.

3354

     (4)  EXECUTIVE COMMITTEE.--

3355

     (a)  The council shall establish an executive committee

3356

consisting of the following members:

3357

     1.  The executive director of the Department of Law

3358

Enforcement.

3359

     2.  The director of the Division of Emergency Management

3360

within the Department of Community Affairs.

3361

     3.  The Attorney General.

3362

     4.  The Commissioner of Agriculture.

3363

     5. The State Surgeon General Secretary of Health.

3364

     6.  The Commissioner of Education.

3365

     7.  The State Fire Marshal.

3366

     Section 112.  Paragraph (f) of subsection (3) of section

3367

1004.435, Florida Statutes, is repealed, and paragraph (b) of

3368

subsection (3), paragraphs (d), (h), (j), (l), (n), and (o) of

3369

subsection (4), subsection (5), and paragraph (b) of subsection

3370

(6) of that section are amended to read:

3371

     1004.435  Cancer control and research.--

3372

     (3)  DEFINITIONS.--The following words and phrases when used

3373

in this section have, unless the context clearly indicates

3374

otherwise, the meanings given to them in this subsection:

3375

     (b)  "Council" means the Florida Cancer Control and Research

3376

Advisory Council, which is an advisory body appointed to function

3377

on a continuing basis for the study of cancer and which

3378

recommends solutions and policy alternatives to the Board of

3379

Governors and the State Surgeon General secretary and which is

3380

established by this section.

3381

     (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;

3382

CREATION; COMPOSITION.--

3383

     (d)  The council shall meet no less than semiannually at the

3384

call of the chairperson or, in his or her absence or incapacity,

3385

at the call of the State Surgeon General secretary. Sixteen

3386

members constitute a quorum for the purpose of exercising all of

3387

the powers of the council. A vote of the majority of the members

3388

present is sufficient for all actions of the council.

3389

     (h)  The council shall advise the Board of Governors, the

3390

State Surgeon General secretary, and the Legislature with respect

3391

to cancer control and research in this state.

3392

     (j) The council shall formulate and recommend to the State

3393

Surgeon General secretary a plan for the care and treatment of

3394

persons suffering from cancer and recommend the establishment of

3395

standard requirements for the organization, equipment, and

3396

conduct of cancer units or departments in hospitals and clinics

3397

in this state. The council may recommend to the State Surgeon

3398

General secretary the designation of cancer units following a

3399

survey of the needs and facilities for treatment of cancer in the

3400

various localities throughout the state. The State Surgeon

3401

General secretary shall consider the plan in developing

3402

departmental priorities and funding priorities and standards

3403

under chapter 395.

3404

     (l)  In order to implement in whole or in part the Florida

3405

Cancer Plan, the council shall recommend to the Board of

3406

Governors or the State Surgeon General secretary the awarding of

3407

grants and contracts to qualified profit or nonprofit

3408

associations or governmental agencies in order to plan,

3409

establish, or conduct programs in cancer control or prevention,

3410

cancer education and training, and cancer research.

3411

     (n)  The council shall have the responsibility to advise the

3412

Board of Governors and the State Surgeon General secretary on

3413

methods of enforcing and implementing laws already enacted and

3414

concerned with cancer control, research, and education.

3415

     (o)  The council may recommend to the Board of Governors or

3416

the State Surgeon General secretary rules not inconsistent with

3417

law as it may deem necessary for the performance of its duties

3418

and the proper administration of this section.

3419

     (5)  RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE

3420

MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE STATE

3421

SURGEON GENERAL SECRETARY.--

3422

     (a) The Board of Governors or the State Surgeon General

3423

secretary, after consultation with the council, shall award

3424

grants and contracts to qualified nonprofit associations and

3425

governmental agencies in order to plan, establish, or conduct

3426

programs in cancer control and prevention, cancer education and

3427

training, and cancer research.

3428

     (b)  The H. Lee Moffitt Cancer Center and Research

3429

Institute, Inc., shall provide such staff, information, and other

3430

assistance as reasonably necessary for the completion of the

3431

responsibilities of the council.

3432

     (c) The Board of Governors or the State Surgeon General

3433

secretary, after consultation with the council, may adopt rules

3434

necessary for the implementation of this section.

3435

     (d) The State Surgeon General secretary, after consultation

3436

with the council, shall make rules specifying to what extent and

3437

on what terms and conditions cancer patients of the state may

3438

receive financial aid for the diagnosis and treatment of cancer

3439

in any hospital or clinic selected. The department may furnish to

3440

citizens of this state who are afflicted with cancer financial

3441

aid to the extent of the appropriation provided for that purpose

3442

in a manner which in its opinion will afford the greatest benefit

3443

to those afflicted and may make arrangements with hospitals,

3444

laboratories, or clinics to afford proper care and treatment for

3445

cancer patients in this state.

3446

     (6)  FLORIDA CANCER CONTROL AND RESEARCH FUND.--

3447

     (b)  The fund shall be used exclusively for grants and

3448

contracts to qualified nonprofit associations or governmental

3449

agencies for the purpose of cancer control and prevention, cancer

3450

education and training, cancer research, and all expenses

3451

incurred in connection with the administration of this section

3452

and the programs funded through the grants and contracts

3453

authorized by the State Board of Education or the State Surgeon

3454

General secretary.

3455

Reviser's note.--Amended pursuant to the directive of the

3456

Legislature in s. 3, ch. 2007-40, Laws of Florida, to

3457

conform the statutes to the redesignation of the Secretary

3458

of Health as the State Surgeon General by s. 1, ch. 2007-40.

3459

     Section 113.  This act shall take effect on the 60th day

3460

after adjournment sine die of the session of the Legislature in

3461

which enacted.

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