HB 5091

1	A bill to be entitled
2	An act relating to tobacco education and prevention;
3	amending s. 381.84, F.S.; providing an additional purpose
4	in implementing the Comprehensive Statewide Tobacco
5	Education and Use Prevention Program; expanding the
6	counter-marketing and advertising campaign component to
7	include utilization of innovative communication
8	strategies, including the use of physicians and dentists;
9	expanding the cessation programs, counseling, and
10	treatment component to include the use of physicians and
11	dentists; substituting the term "tobacco-use cessation"
12	for "smoking cessation"; expanding the community programs
13	and chronic disease prevention component to include
14	statewide programs; deleting county health department
15	funding eligibility; specifying purposes for the use of
16	funds distributed under the program; revising membership
17	of the Tobacco Education and Use Prevention Advisory
18	Council; requiring the Department of Health to award
19	contracts and grants for certain purposes; deleting
20	obsolete language; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 381.84, Florida Statutes, is amended to
25	read:
26	381.84  Comprehensive Statewide Tobacco Education and Use
27	Prevention Program.--
28	(1)  DEFINITIONS.--As used in this section and for purposes
29	of the provisions of s. 27, Art. X of the State Constitution,
30	the term:
31	(a)  "AHEC network" means an area health education center
32	network established under s. 381.0402.
33	(b)  "CDC" means the United States Centers for Disease
34	Control and Prevention.
35	(c)  "Council" means the Tobacco Education and Use
36	Prevention Advisory Council.
37	(d)  "Department" means the Department of Health.
38	(e)  "Tobacco" means, without limitation, tobacco itself
39	and tobacco products that include tobacco and are intended or
40	expected for human use or consumption, including, but not
41	limited to, cigarettes, cigars, pipe tobacco, and smokeless
42	tobacco.
43	(f)  "Youth" means minors and young adults.
44	(2)  PURPOSE, FINDINGS, AND INTENT.--It is the purpose of
45	this section to implement s. 27, Art. X of the State
46	Constitution. The Legislature finds that s. 27, Art. X of the
47	State Constitution requires the funding of a statewide tobacco
48	education and use prevention program that focuses on tobacco use
49	by youth. The Legislature further finds that the primary goals
50	of the program are to reduce the prevalence of tobacco use among
51	youth, adults, and pregnant women; reduce per capita tobacco
52	consumption; implement interventions to detect, prevent, and
53	treat tobacco-related chronic diseases; and reduce exposure to
54	environmental tobacco smoke. Further, it is the intent of the
55	Legislature to base increases in funding for individual
56	components of the program on the results of assessments and
57	evaluations. Recognizing that some components will need to grow
58	faster than inflation, it is the intent of the Legislature to
59	fund portions of the program on a nonrecurring basis in the
60	early years so that those components that are most effective can
61	be supported as the program matures.
62	(3)  PROGRAM COMPONENTS AND REQUIREMENTS.--The department
63	shall conduct a comprehensive, statewide tobacco education and
64	use prevention program consistent with the recommendations for
65	effective program components contained in the 1999 Best
66	Practices for Comprehensive Tobacco Control Programs of the CDC,
67	as amended by the CDC. The program shall include the following
68	components, each of which shall focus on educating people,
69	particularly youth and their parents, about the health hazards
70	of tobacco and discouraging the use of tobacco:
71	(a)  Counter-marketing and advertising; Internet cyberspace
72	resource center.--The counter-marketing and advertising campaign
73	shall include, at a minimum, Internet, print, radio, and
74	television advertising and shall be funded with a minimum of
75	one-third of the total annual appropriation required by s. 27,
76	Art. X of the State Constitution.
77	1.  The campaign shall include an Internet A cyberspace
78	resource center for copyrighted materials and information
79	concerning tobacco education and use prevention, including
80	cessation, shall be maintained by the program. Such resource
81	center must be accessible to the public, including parents,
82	teachers, and students, at each level of public and private
83	schools, universities, and colleges in the state and shall
84	provide links to other relevant resources. The Internet address
85	for the resource center must be incorporated in all advertising.
86	The information maintained in the resource center shall be used
87	by the other components of the program.
88	2.  The campaign shall utilize innovative communication
89	strategies, such as targeting specific audiences through
90	personal communication devices and online networking
91	environments. The campaign shall specifically employ innovative
92	channels to disseminate the campaign message, including
93	utilizing physicians licensed under chapter 458 or chapter 459
94	and dentists licensed under chapter 466 to target specific
95	audiences and provide brief advice to quit the use of tobacco.
96	(b)  Cessation programs, counseling, and treatment.--This
97	program component shall include three two subcomponents:
98	1.  A statewide toll-free cessation service, which may
99	include counseling, referrals to other local resources and
100	support services, and treatment to the extent funds are
101	available for treatment services.; and
102	2.  A local community-based program to disseminate
103	information about tobacco-use smoking cessation, how tobacco-use
104	smoking cessation relates to prenatal care and obesity
105	prevention, and other chronic tobacco-related diseases.
106	3.  A statewide program that utilizes physicians licensed
107	under chapter 458 or chapter 459 and dentists licensed under
108	chapter 466 to deliver brief advice to quit the use of tobacco.
109	(c)  Surveillance and evaluation.--The program shall
110	conduct ongoing epidemiological surveillance and shall contract
111	for annual independent evaluations of the effectiveness of the
112	various components of the program in meeting the goals as set
113	forth in subsection (2).
114	(d)  Youth school programs.--School and after-school
115	programs shall use current evidence-based curricula and programs
116	that involve youth to educate youth about the health hazards of
117	tobacco, help youth develop skills to refuse tobacco, and
118	demonstrate to youth how to stop using tobacco.
119	(e)  Statewide and community programs and chronic disease
120	prevention.--The department shall promote and support statewide
121	and local community-based partnerships that encourage and
122	support individuals, especially youth, to make behavior choices
123	consistent with tobacco-free norms. In addition, the department
124	shall promote and support statewide and community emphasize
125	programs involving youth, including programs for the prevention,
126	detection, and treatment early intervention of tobacco-related
127	smoking-related chronic diseases, such as cancer, chronic lung
128	and respiratory diseases, and heart disease.
129	(f)  Training.--The program shall include the training of
130	health care practitioners, tobacco-use cessation smoking-
131	cessation counselors, and teachers by health professional
132	students and other tobacco-use prevention specialists who are
133	trained in preventing tobacco use and health education. Tobacco-
134	use cessation Smoking-cessation counselors shall be trained by
135	specialists who are certified in tobacco-use cessation.
136	(g)  Administration and management.--The department shall
137	administer the program within the expenditure limit established
138	in subsection (8). As part of this component, the department
139	shall coordinate the activities of the state and local tobacco
140	control community. In addition, statewide programs, and county
141	health departments.--Each county health department is eligible
142	to receive a portion of the annual appropriation, on a per
143	capita basis, for coordinating tobacco education and use
144	prevention programs within that county. Appropriated funds may
145	be used to improve the infrastructure of the county health
146	department to implement the comprehensive, statewide tobacco
147	education and use prevention program. each county health
148	department shall prominently display in all treatment rooms and
149	waiting rooms, counter-marketing and advertisement materials in
150	the form of wall posters, brochures, television advertising if
151	televisions are used in the lobby or waiting room, and
152	screensavers and Internet advertising if computer kiosks are
153	available for use or viewing by people at the county health
154	department.
155	(h)  Enforcement and awareness of related laws.--In
156	coordination with the Department of Business and Professional
157	Regulation, the program shall monitor the enforcement of laws,
158	rules, and policies prohibiting the sale or other provision of
159	tobacco to minors, as well as the continued enforcement of the
160	Clean Indoor Air Act prescribed in chapter 386. The
161	advertisements produced in accordance with paragraph (a) may
162	also include information designed to make the public aware of
163	these related laws and rules. The departments may enter into
164	interagency agreements to carry out this program component.
165	(i)  AHEC tobacco-use cessation smoking-cessation
166	initiative.--For the 2007-2008 and 2008-2009 fiscal year years
167	only, the AHEC network shall expand the AHEC tobacco-use
168	cessation smoking-cessation initiative to each county within the
169	state and perform other activities as determined by the
170	department.
171	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
172	MEETINGS.--The Tobacco Education and Use Prevention Advisory
173	Council is created within the department.
174	(a)  The council shall consist of 24 23 members, including:
175	1.  The State Surgeon General, who shall serve as the
176	chairperson.
177	2.  One county health department director, appointed by the
178	State Surgeon General.
179	3.  Two members appointed by the Commissioner of Education,
180	of whom one must be a school district superintendent.
181	4.  The chief executive officer of the Florida Division of
182	the American Cancer Society, or his or her designee.
183	5.  The chief executive officer of the Greater Southeast
184	Affiliate of the American Heart Association, or his or her
185	designee.
186	6.  The chief executive officer of the American Lung
187	Association of Florida, or his or her designee.
188	7.  The dean of the University of Miami School of Medicine,
189	or his or her designee.
190	8.  The dean of the University of Florida College of
191	Medicine, or his or her designee.
192	9.  The dean of the University of South Florida College of
193	Medicine, or his or her designee.
194	10.  The dean of the Florida State University College of
195	Medicine, or his or her designee.
196	11.  The dean of Nova Southeastern College of Osteopathic
197	Medicine, or his or her designee.
198	12.  The dean of the Lake Erie College of Osteopathic
199	Medicine in Bradenton, Florida, or his or her designee.
200	13.  The chief executive officer of the Campaign for
201	Tobacco Free Kids, or his or her designee.
202	14.  The chief executive officer of the Legacy Foundation,
203	or his or her designee.
204	15.  Four members appointed by the Governor, of whom two
205	must have expertise in the field of tobacco-use prevention and
206	education or tobacco-use smoking cessation and one individual
207	who shall be between the ages of 16 and 21 at the time of his or
208	her appointment.
209	16.  Two members appointed by the President of the Senate,
210	of whom one must have expertise in the field of tobacco-use
211	prevention and education or tobacco-use smoking cessation.
212	17.  Two members appointed by the Speaker of the House of
213	Representatives, of whom one must have expertise in the field of
214	tobacco-use prevention and education or tobacco-use smoking
215	cessation.
216	18.  The dean of a School of Nursing, Health and Natural
217	Sciences, or Allied Health Sciences academic program at a
218	historically black college or university, or his or her
219	designee. This member shall be selected from a different college
220	or university every 3 years.
221	(b)  The appointments shall be for 3-year terms and shall
222	reflect the diversity of the state's population. A vacancy shall
223	be filled by appointment by the original appointing authority
224	for the unexpired portion of the term.
225	(c)  An appointed member may not serve more than two
226	consecutive terms.
227	(d)  The council shall meet at least quarterly and upon the
228	call of the chairperson. Meetings may be held via teleconference
229	or other electronic means.
230	(e)  Members of the council shall serve without
231	compensation, but are entitled to reimbursement for per diem and
232	travel expenses pursuant to s. 112.061. Members who are state
233	officers or employees or who are appointed by state officers or
234	employees shall be reimbursed for per diem and travel expenses
235	pursuant to s. 112.061 from the state agency through which they
236	serve.
237	(f)  The department shall provide council members with
238	information and other assistance as is reasonably necessary to
239	assist the council in carrying out its responsibilities.
240	(5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council
241	shall advise the State Surgeon General as to the direction and
242	scope of the Comprehensive Statewide Tobacco Education and Use
243	Prevention Program. The responsibilities of the council include,
244	but are not limited to:
245	(a)  Providing advice on program priorities and emphases.
246	(b)  Providing advice on the overall program budget.
247	(c)  Providing advice on copyrighted material, trademark,
248	and future transactions as they pertain to the tobacco education
249	and use prevention program.
250	(d)  Reviewing broadcast material prepared for the
251	Internet, portable media players, radio, and television as it
252	relates to the advertising component of the tobacco education
253	and use prevention program.
254	(e)  Participating in periodic program evaluation.
255	(f)  Assisting in the development of guidelines to ensure
256	fairness, neutrality, and adherence to the principles of merit
257	and quality in the conduct of the program.
258	(g)  Assisting in the development of administrative
259	procedures relating to solicitation, review, and award of
260	contracts and grants in order to ensure an impartial, high-
261	quality peer review system.
262	(h)  Assisting in the development and supervision of peer
263	review panels.
264	(i)  Reviewing reports of peer review panels and making
265	recommendations for contracts and grants.
266	(j)  Reviewing the activities and evaluating the
267	performance of the AHEC network to avoid duplicative efforts
268	using state funds.
269	(k)  Recommending meaningful outcome measures through a
270	regular review of tobacco-use prevention and education
271	strategies and programs of other states and the Federal
272	Government.
273	(l)  Recommending policies to encourage a coordinated
274	response to tobacco use in this state, focusing specifically on
275	creating partnerships within and between the public and private
276	sectors.
277	(6)  CONTRACT REQUIREMENTS.--Contracts or grants for the
278	program components or subcomponents described in paragraphs
279	(3)(a)-(f) shall be awarded by the State Surgeon General, after
280	consultation with the council, on the basis of merit, as
281	determined by an open, competitive, peer-reviewed process that
282	ensures objectivity, consistency, and high quality. The
283	department shall award such grants or contracts no later than
284	October 1 for each fiscal year. A recipient of a contract or
285	grant for the program component described in paragraph (3)(c) is
286	not eligible for a contract or grant award for any other program
287	component described in subsection (3) in the same state fiscal
288	year. A school or college of medicine that is represented on the
289	council is not eligible to receive a contract or grant under
290	this section. For the 2007-2008 and 2008-2009 fiscal years only,
291	the department shall award a contract or grant in the amount of
292	$10 million to the AHEC network for the purpose of developing
293	the components described in paragraph (3)(i). The AHEC network
294	may apply for a competitive contract or grant after the 2008-
295	2009 fiscal year.
296	(a)  In order to ensure that all proposals for funding are
297	appropriate and are evaluated fairly on the basis of merit, the
298	State Surgeon General, in consultation with the council, shall
299	appoint a peer review panel of independent, qualified experts in
300	the field of tobacco control to review the content of each
301	proposal and establish its priority score. The priority scores
302	shall be forwarded to the council and must be considered in
303	determining which proposals will be recommended for funding.
304	(b)  The council and the peer review panel shall establish
305	and follow rigorous guidelines for ethical conduct and adhere to
306	a strict policy with regard to conflicts of interest. A member
307	of the council or panel may not participate in any discussion or
308	decision with respect to a research proposal by any firm,
309	entity, or agency with which the member is associated as a
310	member of the governing body or as an employee or with which the
311	member has entered into a contractual arrangement. Meetings of
312	the council and the peer review panels are subject to chapter
313	119, s. 286.011, and s. 24, Art. I of the State Constitution.
314	(c)  In each contract or grant agreement, the department
315	shall limit the use of food and promotional items to no more
316	than 2.5 percent of the total amount of the contract or grant
317	and limit overhead or indirect costs to no more than 7.5 percent
318	of the total amount of the contract or grant. The department, in
319	consultation with the Department of Financial Services, shall
320	publish guidelines for appropriate food and promotional items.
321	(d)  In each advertising contract, the department shall
322	limit the total of production fees, buyer commissions, and
323	related costs to no more than 10 percent of the total contract
324	amount.
325	(e)  Notwithstanding the competitive process for contracts
326	prescribed in this subsection:
327	1.  For the 2008-2009 fiscal year only, the department
328	shall award a contract or grant in the amount of $6 million to
329	the AHEC network for the purpose of developing the component
330	described in paragraph (3)(i).
331	2.  For the 2008-2009 fiscal year only, the department
332	shall equally award contracts or grants totaling $4 million to
333	each medical school in this state recognized and approved by an
334	accrediting agency recognized by the United States Office of
335	Education for the purpose of implementing the component
336	described in paragraph (3)(i).
337	3.  Beginning with the 2008-2009 fiscal year and continuing
338	thereafter, the department shall award contracts or grants in
339	the amount of $10 million to the H. Lee Moffitt Cancer Center
340	and Research Institute and $1 million to the University of
341	Florida Shands Cancer Center for the purpose of implementing
342	chronic disease prevention, detection, and treatment programs in
343	accordance with paragraph (3)(e), each county health department
344	is eligible for core funding, on a per capita basis, to
345	implement tobacco education and use prevention activities within
346	that county.
347	(7)  ANNUAL REPORT REQUIRED.--By January 31 of each year,
348	the department shall provide to the Governor, the President of
349	the Senate, and the Speaker of the House of Representatives a
350	report that evaluates the program's effectiveness in reducing
351	and preventing tobacco use and that recommends improvements to
352	enhance the program's effectiveness. The report must contain, at
353	a minimum, an annual survey of youth attitudes and behavior
354	toward tobacco, as well as a description of the progress in
355	reducing the prevalence of tobacco use among youth, adults, and
356	pregnant women; reducing per capita tobacco consumption; and
357	reducing exposure to environmental tobacco smoke.
358	(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.--From the total
359	funds appropriated for the Comprehensive Statewide Tobacco
360	Education and Use Prevention Program in the General
361	Appropriations Act, an amount of up to 5 percent may be used by
362	the department for administrative expenses.
363	(9)  RULEMAKING AUTHORIZED.--By January 1, 2008, The
364	department shall adopt rules pursuant to ss. 120.536(1) and
365	120.54 to administer this section.
366	Section 2.  This act shall take effect July 1, 2008.

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