Florida Senate - 2009 SB 1840
By Senator Deutch
30-00019D-09 20091840__
1 A bill to be entitled
2 An act relating to health care; providing legislative
3 findings and intent; amending s. 210.01, F.S.;
4 defining the terms “council,” “total collections,” and
5 “net collections”; amending s. 210.02, F.S.;
6 increasing the amount of the cigarette tax by the
7 equivalent of $1 per standard pack; amending s.
8 210.18, F.S.; conforming a cross-reference; amending
9 s. 210.20, F.S.; requiring that the Division of
10 Alcoholic Beverages and Tobacco certify to the Chief
11 Financial Officer monthly the amount of net
12 collections derived from the cigarette tax; requiring
13 that the division credit a specified percent of the
14 total base allocation to certain trust funds, research
15 centers, and medical residency and fellowship
16 programs; providing that certain funds are subject to
17 a funding match and may be used for bonding purposes
18 if certain conditions are met; requiring that any
19 funds that cannot be matched revert to the Biomedical
20 Research Trust Fund; amending s. 210.201, F.S.;
21 requiring that the Board of Directors of the H. Lee
22 Moffitt Cancer Center and Research Institute use funds
23 to secure bonds or financial products for cancer
24 facilities; amending s. 215.5601, F.S.; revising
25 provisions relating to the Lawton Chiles Endowment
26 Fund; providing that moneys derived from the cigarette
27 tax be allocated to the endowment during a specified
28 fiscal year; increasing the number of members of the
29 Lawton Chiles Endowment Fund Advisory Council;
30 requiring that the council include a representative of
31 a public health organization having a major interest
32 in tobacco control and a consumer who is eligible for
33 Medicaid benefits; amending s. 215.5602, F.S.;
34 revising provisions relating to the James and Esther
35 King Biomedical Research Program's long-term goals to
36 include the expansion of research capacity and
37 infrastructure needed to address tobacco-related
38 illnesses; providing funding for the program's
39 operating costs; extending certain expiration dates;
40 amending s. 318.0302, F.S.; revising provisions
41 relating to the Florida Health Services Corps;
42 requiring that the Department of Health give priority
43 to students who indicate a desire to practice certain
44 medical specialties when selecting students for public
45 health program scholarships; authorizing the
46 department to increase stipends if the funds are
47 sufficient; creating s. 381.04035, F.S.; creating the
48 Graduate Medical Education Workforce Act; providing
49 legislative findings and intent; establishing a
50 program for funding graduate medical education
51 positions within the Department of Health; providing
52 funding for hospitals for costs associated with
53 internship, residency, and fellowship positions;
54 requiring that participating hospitals submit an
55 annual report to the department and the Graduate
56 Medical Education Council; establishing a program for
57 funding graduate medical education programs and
58 academic centers of excellence within the department;
59 providing funding for hospitals, universities, and
60 other sponsoring entities that apply to participate in
61 the program; requiring participants to submit an
62 annual report; creating the Graduate Medical Education
63 Council; providing for membership and terms; requiring
64 that the Governor make initial appointments by a
65 specified date; requiring that the State Surgeon
66 General designate an administrator to serve as the
67 council's staff director; requiring that the
68 department perform certain oversight functions;
69 providing criteria for the department to consider when
70 evaluating requests for funding; requiring that the
71 department establish reporting requirements; requiring
72 that the funds for the program be used to match funds
73 from a local or state governmental, hospital, or
74 sponsoring entity source; providing for staffing;
75 amending s. 381.4018, F.S.; revising provisions
76 relating to assessing and developing the physician
77 workforce to include the burden of cancer, heart, and
78 lung diseases based on the state's demographics;
79 requiring that the department consider physicians who
80 practice certain medical specialties when developing
81 the state strategic plan; amending s. 381.84, F.S.;
82 revising the components of the Comprehensive Statewide
83 Tobacco Education and Use Prevention Program relating
84 to cessation programs, counseling, and treatment;
85 requiring that a statewide toll-free cessation service
86 include referrals to the Cover Florida Health Care
87 Access Program; amending s. 381.855, F.S.; providing
88 funding for the Florida Center for Universal Research
89 to Eradicate Disease; revising provisions relating to
90 the center's advisory council; amending s. 381.91,
91 F.S.; revising provisions relating to the Jessie Trice
92 Cancer Prevention Program; repealing ss. 381.92 and
93 381.921, F.S., relating to the Florida Cancer Council;
94 amending s. 381.922, F.S.; revising the purpose of the
95 William G. “Bill” Bankhead, Jr., and David Coley
96 Cancer Research Program to expand cancer research and
97 treatment; requiring that a specified percentage of
98 the program's annual allocation apply toward
99 recruiting cancer researchers and institutions;
100 providing goals for advancing cures for cancer;
101 extending certain expiration dates; amending s.
102 381.93, F.S.; revising provisions relating to the Mary
103 Brogan Breast and Cervical Cancer Early Detection
104 Program; providing that funds derived from the
105 cigarette tax be used by the program; expanding
106 enrollment in the program; amending s. 395.6061, F.S.;
107 revising provisions relating to the rural hospital
108 capital improvement grant program; authorizing rural
109 hospitals to apply for funds derived from the
110 cigarette tax; amending s. 408.9091, F.S.; revising
111 provisions relating to the Cover Florida Health Care
112 Access Program to conform to changes made by the act;
113 providing that certain individuals who are
114 participating in a smoking cessation program are
115 eligible for a temporary premium subsidy; creating s.
116 1009.675, F.S.; establishing the Nursing Education
117 Enhancement Program to provide supplemental funding
118 for public nursing education; providing for funding
119 and the distribution of such funding; requiring that
120 the Chancellor of the State University System and the
121 Chancellor of the Community College System submit a
122 report to the Governor and the Legislature by a
123 specified date; authorizing the State University
124 System and the State College System to adopt rules;
125 amending s. 1009.68, F.S.; revising provisions
126 relating to the Florida Minority Medical Education
127 Program; requiring that the program provide
128 scholarships to enable minority students to pursue a
129 medical education at Florida Atlantic University, the
130 University of Central Florida, or Florida
131 International University; providing for the
132 distribution of the scholarships; creating s. 1013.83,
133 F.S.; establishing the Florida Medical School
134 Facilities Program; requiring that the Board of
135 Governors administer the program; requiring that the
136 funds for the program be used to construct and equip
137 state medical schools and other related facilities in
138 the state; requiring that the Board of Governors
139 solicit competitive proposals for the use of such
140 funds; providing that preference be given to proposals
141 demonstrating the greatest need in fulfilling the
142 institution's core medical education mission and
143 proposals representing collaborative or shared-use
144 facilities; providing that the program be funded with
145 proceeds derived from s. 210.20, F.S.; providing for
146 expiration of the program; authorizing the Board of
147 Governors to adopt rules; providing that the
148 additional tax on cigarettes applies to existing
149 inventory on the effective date of the act; requiring
150 that each manufacturer, distributor, wholesaler, and
151 vendor take an inventory of the cigarettes in its
152 possession on the effective date of this act;
153 requiring that the amount of such inventory be
154 certified to the Division of Alcoholic Beverages and
155 Tobacco of the Department of Business and Professional
156 Regulation by a specified date; providing for
157 penalties and interest for delinquent payments;
158 requiring that the proceeds from the additional tax be
159 deposited into the Cigarette Tax Collection Trust Fund
160 and distributed as required in s. 210.20, F.S.;
161 requiring that the Department of Health submit a
162 report to the Governor and the Legislature by a
163 specified date which contains an estimate of the
164 financial impact of tobacco use and related illnesses
165 on the economy and taxpayers; providing an effective
166 date.
167
168 Be It Enacted by the Legislature of the State of Florida:
169
170 Section 1. (1) The Legislature finds that tobacco
171 consumption, which is the cause of nearly one-third of all
172 cancer deaths, contributes substantially to the state having the
173 second-highest relative cancer burden in the nation. The
174 Legislature further finds that tobacco consumption dramatically
175 affects the state's Medicaid budget and creates a substantial
176 deficit between the amount consumers pay in related excise taxes
177 or privilege fees and the actual health care costs incurred by
178 the state. Therefore, the Legislature intends to increase the
179 amount of the tax on cigarettes, which must be at least
180 commensurate with the projected governmental costs associated
181 with the consumption of cigarettes. The Legislature also intends
182 to apply the revenue derived from the tax to health care,
183 specifically to:
184 (a) Measures for which there is a connection between
185 cigarette consumption and the revenue generated from such
186 consumption; and
187 (b) Measures aimed at making Florida the nation's leader in
188 cancer and biomedical research.
189 (2) The Legislature finds that the state’s medical service
190 delivery infrastructure is falling woefully behind the capacity
191 needed to address the inordinately high burden related to cancer
192 and other diseases. In order to significantly improve the
193 state's ability to serve the health care needs of its citizens,
194 the Legislature intends to dramatically enhance the state’s core
195 medical capacity, especially in rural and underserved areas,
196 which ranges from nurses to medical practitioners in family
197 practice and to key medical primary specialties such as
198 oncology.
199 (3) The Legislature finds that it is in the public interest
200 to stimulate the state's economic activity in the fields of
201 health care, biomedical research, and education by providing
202 financial support to increase the amount and prominence of such
203 programs and by providing financial inducements for medical,
204 biomedical, and other healthcare-related businesses and research
205 and educational facilities to expand in Florida. The Legislature
206 further finds that the state’s previous investment in the
207 expansion of biomedical research has already yielded substantial
208 positive results for the state's economy and public welfare, and
209 that it is crucial to build upon such success through immediate
210 and strategic investment in capital projects and infrastructure
211 necessary to support growth in the biomedical industry. The
212 Legislature also finds that it is of critical importance to
213 develop funding sources for such health care programs and
214 infrastructure without burdening the general public with
215 additional, unnecessary health care costs, and that such funding
216 sources, to the extent possible, must be balanced against the
217 demands placed upon the state’s overall cost of health care
218 services, including, without limitation, the state’s budget for
219 Medicaid and other indigent health care services.
220 Section 2. Section 210.01, Florida Statutes, is amended to
221 read:
222 210.01 Definitions.—When used in this part, the term the
223 following words shall have the meaning herein indicated:
224 (1) “Cigarette” means any roll for smoking, except one of
225 which the tobacco is fully naturally fermented, without regard
226 to the kind of tobacco or other substances used in the inner
227 roll or the nature or composition of the material in which the
228 roll is wrapped, which is made wholly or in part of tobacco
229 irrespective of size or shape and whether such tobacco is
230 flavored, adulterated, or mixed with any other ingredient.
231 (2) “Persons” means any individual, copartnership, society,
232 club, association, corporation, joint stock company, and any
233 combination of individuals and also an executor, administrator,
234 receiver, trustee, or other fiduciary.
235 (3) “Sale” means any transfer, exchange, or barter in any
236 manner, or by any means whatever.
237 (4) “Retail sale” or “sale at retail” means a sale to a
238 consumer or to any person for any purpose other than resale.
239 (5) “Dealer” means any wholesale dealer as hereinafter
240 defined.
241 (5)(6) “Wholesale dealer” or “dealer” means any person
242 located inside or outside this state who sells cigarettes to
243 retail dealers or other persons for purposes of resale only.
244 Such term does shall not include any cigarette manufacturer,
245 export warehouse proprietor, or importer with a valid permit
246 under 26 U.S.C. s. 5712 if such person sells or distributes
247 cigarettes in this state only to dealers who are agents and who
248 hold valid and current permits under s. 210.15 or to any
249 cigarette manufacturer, export warehouse proprietor, or importer
250 who holds a valid and current permit under 26 U.S.C. s. 5712.
251 (6)(7) “Retail dealer” means any person located inside or
252 outside this state other than a wholesale dealer engaged in the
253 business of selling cigarettes, including persons issued a
254 permit pursuant to s. 569.003.
255 (7)(8) “Package” means the individual package, box, or
256 other container in or from which retail sales of cigarettes are
257 normally made or intended to be made.
258 (8)(9) “Agent” means any person authorized by the Division
259 of Alcoholic Beverages and Tobacco to purchase and affix
260 adhesive or meter stamps under this part.
261 (9)(10) “Division” means the Division of Alcoholic
262 Beverages and Tobacco of the Department of Business and
263 Professional Regulation.
264 (10) “Council” means the Biomedical Research Advisory
265 Council within the Department of Health established in s.
266 215.5602.
267 (11) “Use” means the consuming, giving away, or disposing,
268 in any manner, of cigarettes.
269 (12) “First sale” means the first use or consumption of
270 cigarettes within this state.
271 (13) “Operating ad valorem millage” means all millages
272 other than those fixed for debt service.
273 (14) “Total collections” means the total amount derived
274 from the cigarette tax during a specified period.
275 (15) “Net collections” means 99.5 percent of total
276 collections less the service charge prescribed in s. 215.20.
277 (16)(14) “Distributing agent” means every person, firm, or
278 corporation in this state who acts as an agent for any person,
279 firm, or corporation outside or inside the state by receiving
280 cigarettes in interstate or intrastate commerce and storing such
281 cigarettes subject to distribution or delivery upon order from
282 said principal to wholesale dealers and other distributing
283 agents inside or outside this state.
284 (17)(15) “Place of business” means any place where
285 cigarettes are sold or where cigarettes are stored or kept for
286 the purpose of sale or consumption; or, if cigarettes are sold
287 from a vending machine, the place in which the vending machine
288 is located.
289 (18)(16) “Manufacturer's representative” means a person who
290 represents a manufacturer of cigarettes but who has no place of
291 business in this state where cigarettes are stored. A
292 manufacturer's representative shall is required to obtain any
293 cigarettes required by her or him through a wholesale dealer in
294 this state and to make such reports as may be required by the
295 Division of Alcoholic Beverages and Tobacco of the Department of
296 Business and Professional Regulation.
297 (19)(17) “Exporter” means a person who transports tax
298 exempt cigarettes into this state under bond for delivery beyond
299 the borders of this state. Each permit entitles shall entitle
300 the permittee to store such cigarettes under bond at one
301 location in this state pending shipment beyond the borders of
302 this state.
303 (20)(18) “Unstamped package” or “unstamped cigarettes”
304 means a package on which the tax required by this part has not
305 been paid, regardless of whether or not such package is stamped
306 or marked with the indicia of any other taxing authority, or a
307 package on which there has been affixed a counterfeit or
308 fraudulent indicium or stamp.
309 (21)(19) “Stamp” or “stamps” means the indicia required to
310 be placed on cigarette packages which that evidence payment of
311 the tax on cigarettes under s. 210.02.
312 (22)(20) “Importer” means any person with a valid permit
313 under 26 U.S.C. s. 5712 who imports into the United States,
314 directly or indirectly, a finished cigarette for sale or
315 distribution.
316 (23)(21) “Manufacturer” means any domestic person or entity
317 with a valid permit under 26 U.S.C. s. 5712 that manufactures,
318 fabricates, assembles, processes, or labels a finished
319 cigarette.
320 (24)(22) “Counterfeit cigarettes” means cigarettes that
321 have false manufacturing labels, tobacco product packs with
322 counterfeit tax stamps, or any combination thereof.
323 Section 3. Section 210.02, Florida Statutes, is amended to
324 read:
325 210.02 Cigarette tax imposed; collection.—
326 (1) An excise or privilege tax, in addition to all other
327 taxes of every kind imposed by law, is imposed upon the sale,
328 receipt, purchase, possession, consumption, handling,
329 distribution, and use of cigarettes in this state, in the
330 following amounts, except as hereinafter otherwise provided, for
331 cigarettes of standard dimensions:
332 (a) Upon all cigarettes weighing not more than 3 pounds per
333 thousand, 66.95 16.95 mills on each cigarette.
334 (b) Upon all cigarettes weighing more than 3 pounds per
335 thousand and not more than 6 inches long, 133.9 33.9 mills on
336 each cigarette.
337 (c) Upon all cigarettes weighing more than 3 pounds per
338 thousand and more than 6 inches long, 267.8 67.8 mills on each
339 cigarette.
340 (2) The description of cigarettes contained in paragraphs
341 (1)(a), (b), and (c) of subsection (1) are hereby declared to be
342 standard as to dimensions for taxing purposes as provided in
343 this section, law and if should any cigarette is be received,
344 purchased, possessed, sold, offered for sale, given away, or
345 used of a size other than of standard dimensions, the same shall
346 be taxed at the rate of 5.69 1.41 cents on each such cigarette.
347 (3) When cigarettes as described in paragraph (1)(a) are
348 packed in varying quantities of 20 cigarettes or fewer less,
349 except manufacturer's free samples authorized under s.
350 210.04(9), the following rate shall govern:
351 (a) Packages containing 10 cigarettes or fewer less require
352 a 66.9-cent 16.95-cent tax.
353 (b) Packages containing more than 10 but not more than 20
354 cigarettes require a 133.9-cent 33.9-cent tax.
355 (4) When cigarettes as described in paragraph (1)(b) are
356 packed in varying quantities of 20 cigarettes or fewer less,
357 except manufacturer's free samples authorized under s.
358 210.04(9), the following rates shall govern:
359 (a) Packages containing 10 cigarettes or fewer less require
360 a 133.9-cent 33.9-cent tax.
361 (b) Packages containing more than 10 but not more than 20
362 cigarettes require a 267.8-cent 67.8-cent tax.
363 (5) When cigarettes as described in paragraph (1)(c) are
364 packed in varying quantities of 20 cigarettes or fewer less,
365 except manufacturer's free samples authorized under s.
366 210.04(9), the following rates shall govern:
367 (a) Packages containing 10 cigarettes or fewer less require
368 a 267.8-cent 67.8-cent tax.
369 (b) Packages containing more than 10 but not more than 20
370 cigarettes require a 535.6-cent 135.6-cent tax.
371 (6) This tax shall be paid by the dealer to the division
372 for deposit and distribution as hereinafter provided upon the
373 first sale or transaction within the state, whether or not such
374 sale or transfer is be to the ultimate purchaser or consumer.
375 The seller or dealer shall collect the tax from the purchaser or
376 consumer, and the purchaser or consumer shall pay the tax to the
377 seller. The seller or dealer is shall be responsible for the
378 collection of the tax and the payment of the same to the
379 division. All taxes are due not later than the 10th day of the
380 month following the calendar month in which they were incurred,
381 and thereafter must shall bear interest at the rate of 1 percent
382 per month. If the amount of tax due for a given period is
383 assessed without allocating it to any particular month, the
384 interest begins shall begin with the date of the assessment.
385 Whenever cigarettes are shipped from outside the state to anyone
386 other than a distributing agent or wholesale dealer, the person
387 receiving the cigarettes is shall be responsible for the tax on
388 said cigarettes and the payment of same to the division.
389 (7) It is the legislative intent that the tax on cigarettes
390 shall be uniform throughout the state.
391 Section 4. Subsection (10) of section 210.18, Florida
392 Statutes, is amended to read:
393 210.18 Penalties for tax evasion; reports by sheriffs.—
394 (10) It is unlawful to sell or possess with the intent to
395 sell counterfeit cigarettes, as defined in s. 210.01(24) s.
396 210.01(22).
397 (a) A person who does not hold a permit or holds a retail
398 permit under the provisions of this chapter and who violates
399 this subsection commits a felony of the third degree, punishable
400 as provided in s. 775.082, s. 775.083, or s. 775.084, and is
401 subject to the imposition of fines and additional penalties as
402 follows:
403 1. If the quantity of counterfeit cigarettes sold or
404 possessed with the intent to sell is less than two cartons or
405 the equivalent, the fine for a first violation shall not exceed
406 $1,000 or five times the retail value of the counterfeit
407 cigarettes, whichever is greater. A subsequent violation may
408 result in the imposition of a fine not to exceed $5,000 or five
409 times the retail value of the counterfeit cigarettes, whichever
410 is greater, and shall result in revocation of the retail permit
411 by the division.
412 2. If the quantity of counterfeit cigarettes sold or
413 possessed with the intent to sell is two cartons or more or the
414 equivalent, the fine for a first violation shall not exceed
415 $2,000 or five times the retail value of the counterfeit
416 cigarettes, whichever is greater. A subsequent violation may
417 result in the imposition of a fine not to exceed $50,000 or five
418 times the retail value of the counterfeit cigarettes, whichever
419 is greater, and shall result in revocation of the retail permit
420 by the division.
421 (b) A person who holds a permit, other than a retail
422 permit, under the provisions of this chapter and who violates
423 this subsection commits a felony of the third degree, punishable
424 as provided in s. 775.082, s. 775.083, or s. 775.084, and is
425 subject to the imposition of fines and additional penalties as
426 follows:
427 1. If the quantity of counterfeit cigarettes sold or
428 possessed with the intent to sell is less than 10 cartons or the
429 equivalent, the fine for a first violation shall not exceed
430 $1,000 or five times the retail value of the counterfeit
431 cigarettes, whichever is greater. A subsequent violation may
432 result in the imposition of a fine not to exceed $5,000 or five
433 times the retail value of the counterfeit cigarettes, whichever
434 is greater, and shall result in revocation of the permit by the
435 division.
436 2. If the quantity of counterfeit cigarettes sold or
437 possessed with the intent to sell is 10 cartons or more or the
438 equivalent, the fine for a first violation shall not exceed
439 $2,000 or five times the retail value of the counterfeit
440 cigarettes, whichever is greater. A subsequent violation may
441 result in the imposition of a fine not to exceed $50,000 or five
442 times the retail value of the counterfeit cigarettes, whichever
443 is greater, and shall result in revocation of the permit by the
444 division.
445 For purposes of this subsection, any counterfeit cigarettes
446 seized by the division shall be destroyed.
447 Section 5. Subsection (2) of section 210.20, Florida
448 Statutes, is amended to read:
449 210.20 Employees and assistants; distribution of funds.—
450 (2)(a) As collections are received by the division from the
451 tax on cigarettes such cigarette taxes, it shall pay the same
452 into a trust fund in the State Treasury designated “Cigarette
453 Tax Collection Trust Fund.” which shall be paid and distributed
454 as follows:
455 (b)(a) The division shall from month to month certify to
456 the Chief Financial Officer the amount of net collections
457 derived from the cigarette tax imposed by s. 210.02, less the
458 service charges provided for in s. 215.20 and less 0.9 percent
459 of the amount derived from the cigarette tax imposed by s.
460 210.02, which shall be deposited into the Alcoholic Beverage and
461 Tobacco Trust Fund, specifying the amounts to be transferred
462 from the Cigarette Tax Collection Trust Fund and credited on the
463 following bases:
464 1. The sum of 1.1322 basis of 2.9 percent of the total base
465 allocation net collections to the Revenue Sharing Trust Fund for
466 Counties for distribution pursuant to the Florida Revenue
467 Sharing Act.
468 2. The sum of 11.3337 and 29.3 percent of the total base
469 allocation to the Public Medical Assistance Trust Fund net
470 collections for the funding of indigent health care pursuant to
471 s. 409.918 to the Public Medical Assistance Trust Fund.
472 3. The sum of 5.0597 percent of the total base allocation
473 to the H. Lee Moffitt Cancer Center and Research Institute,
474 established in s. 1004.43, which shall be paid monthly to the
475 center's board of directors by warrant drawn by the Chief
476 Financial Officer upon the State Treasury. The revenues derived
477 from this allocation are separate and distinct from any funds
478 allocated to the H. Lee Moffitt Cancer Center through the James
479 and Esther King Biomedical Research Program or the William G.
480 “Bill” Bankhead, Jr., and David Coley Cancer Research Program.
481 Funds derived pursuant to this subparagraph shall be used for
482 the purpose of constructing, furnishing, and equipping cancer
483 research, treatment, and related facilities. The appropriation
484 of funds may not be less than the amount that would have been
485 paid to the H. Lee Moffitt and Cancer Research Institute for the
486 2007-2008 fiscal year if this subparagraph had been in effect.
487 4. The sum of 1.5179 percent of the total base allocation
488 to the Shands at the University of Florida Cancer Hospital. The
489 revenues derived from this allocation are separate and distinct
490 from any funds allocated to the Shands at the University of
491 Florida Cancer Hospital through the James and Esther King
492 Biomedical Research Program or the William G. “Bill” Bankhead
493 Coley Cancer Research Program. Funds derived pursuant to this
494 subparagraph shall be used for the purposes of constructing,
495 furnishing, and equipping cancer research, treatment, and
496 related facilities, and may include the recruitment and
497 retention of faculty or other personnel related to such research
498 programs.
499 5. The sum of 1.5179 percent of the total base allocation
500 to the Sylvester Comprehensive Cancer Center at the University
501 of Miami Miller School of Medicine. The revenues derived from
502 this allocation are separate and distinct from any funds
503 allocated to the Sylvester Comprehensive Cancer Center at the
504 University of Miami Miller School of Medicine through the James
505 and Esther King Biomedical Research Program or the William G.
506 “Bill” Bankhead-Coley Cancer Research Program. Funds derived
507 pursuant to this subparagraph shall be used for the purposes of
508 constructing, furnishing, and equipping cancer research,
509 treatment, and related facilities, and may include the
510 recruitment and retention of faculty or other personnel related
511 to research programs.
512 6. The sum of 0.506 percent of the total base allocation to
513 the M.D. Anderson Cancer Center in Orlando. The revenues derived
514 from this allocation are separate and distinct from any funds
515 allocated to the M.D. Anderson Cancer Center in Orlando through
516 the James and Esther King Biomedical Research Program or the
517 William G. “Bill” Bankhead-Coley Cancer Research Program. Funds
518 derived pursuant to this subparagraph shall be used for the
519 purposes of constructing, furnishing, and equipping research,
520 treatment, and related facilities, and may include the
521 recruitment and retention of faculty or other personnel related
522 to research programs. Funds derived from this subparagraph shall
523 only be expended within the state. When awarding the funds
524 pursuant to this subparagraph, preference shall be given to
525 proposals for specific projects that demonstrate a collaboration
526 between institutions.
527 7. The sum of 0.506 percent of the total base allocation to
528 the Mayo Clinic, Jacksonville. The revenues derived from this
529 allocation are separate and distinct from any funds allocated to
530 the Mayo Clinic, Jacksonville through the James and Esther King
531 Biomedical Research Program or the William G. “Bill” Bankhead
532 Coley Cancer Research Program. Funds derived pursuant this
533 subparagraph shall be used for the purposes of constructing,
534 furnishing, and equipping research, treatment, and related
535 facilities, and may include the recruitment and retention of
536 faculty or other personnel related to research programs. Funds
537 derived from this subparagraph shall only be expended within the
538 state.
539 8. The sum of 15.1791 percent of the total base allocation
540 to the Medical Care Trust Fund for the funding of the Medically
541 Needy Program established in 42 U.S.C. ss. 1396(a) and (d) and
542 s. 409.904(2).
543 9. The sum of 15.1791 percent of the total base allocation
544 to the Medical Care Trust Fund for the funding of the MEDS-AD
545 Waiver Program.
546 10. The sum of 5.0597 percent of the total base allocation
547 to the Public Medical Assistance Trust Fund to contribute to the
548 state share of funding for the low-income pool.
549 11. The sum of 6.0716 percent of the total base allocation
550 to the Biomedical Research Trust Fund for distribution by the
551 Biomedical Research Advisory Council to the grantees of the
552 James and Esther King Biomedical Research Program and the
553 William G. “Bill” Bankhead, Jr., and David Coley Cancer Research
554 Program. The programs shall equally divide the allocation,
555 subject to the methods provided in ss. 215.5602 and 381.922,
556 respectively.
557 12. The sum of 1.0119 percent of the total base allocation
558 to the Division of Children’s Medical Services Prevention and
559 Intervention within the Department of Health established in s.
560 20.43(3)(h). The funds that are generated pursuant to this
561 section in excess of the division’s appropriation for the 2008
562 2009 fiscal year shall be used for any approved Children’s
563 Medical Services hematology center or oncology center.
564 13. The sum of 3.0358 percent of the total base allocation
565 to the Lawton Chiles Endowment Trust Fund.
566 14. The sum of 0.1012 percent of the total base allocation
567 to the Florida Health Services Corps established in s. 381.302.
568 15. The sum of 3.0358 percent of the total base allocation
569 to fund the direct costs associated with medical internship,
570 residency, and fellowship positions, pursuant to s. 381.04035,
571 the Graduate Medical Education Physician Workforce Act.
572 16. The sum of 0.2024 percent of the total base allocation
573 to fund the purposes provided in s. 381.91, the Jesse Trice
574 Cancer Prevention Program.
575 17. The sum of 0.2024 percent of the total base allocation
576 to fund the purposes provided in s. 381.93, the Mary Brogan
577 Breast and Cervical Cancer Early Detection and Treatment
578 Program.
579 18. The sum of 0.3036 percent of the total base allocation
580 for the enhancement of rural hospital facilities pursuant to s.
581 395.6061.
582 19. The sum of 0.6072 percent of the total base allocation
583 to fund temporary Cover Florida Health Care Plan premium
584 subsidies for individuals who are eligible for the plan and who
585 are referred by the statewide comprehensive tobacco use
586 prevention and education program pursuant to s. 408.9091.
587 20. The sum of 0.2024 percent of the total base allocation
588 to fund the enhancement of pharmacotherapeutic tools for use by
589 enrollees in the state smoking cessation program in s. 381.84.
590 The funds may not be used to supplant funds appropriated for
591 this purpose as of January 1, 2009.
592 21. The sum of 1.2649 percent of the total base allocation
593 to fund the Nursing Education Enhancement Program, established
594 in s. 1009.675, which shall be equally divided between the State
595 University System and the State College System.
596 22. The sum of 0.2024 percent of the total base allocation
597 to fund the Minority Medical Education Program as provided in s.
598 1009.68.
599 23. The sum of 3.0358 percent of the total base allocation
600 to fund the Florida Medical Education Program, as prescribed in
601 s. 1013.83.
602 24. The sum of 0.253 percent of the total base allocation
603 to the Diabetes Research Institute for the purposes of
604 conducting research.
605 25. The sum of 0.1518 percent of the total base allocation
606 to the Miami Project to Cure Paralysis for the purposes of
607 conducting research.
608 The funds designated in subparagraphs (b)4.-7. are subject to a
609 funding match of 50 percent of the funds designated in each
610 subparagraph. Such funds may also be used for bonding purposes
611 only if the named institution can demonstrate that the match
612 requirement can be met for the length of the term during which
613 the earmarked proceeds would be used to service the debt on the
614 bonds. Any funds designated pursuant to this paragraph which
615 cannot be matched by the named institutions in any given fiscal
616 year shall revert to the Biomedical Research Trust Fund to be
617 used for the purposes provided in subparagraph (b)11.
618 (c) Before transferring and crediting moneys from the
619 Cigarette Tax Collection Trust Fund pursuant to paragraph (b),
620 the division shall first deposit monthly into the Alcoholic
621 Beverage and Tobacco Trust Fund an amount equal to the sum of
622 0.5 percent of total collections and the service charge on total
623 collections provided for in s. 215.20.
624 (b)1. Beginning January 1, 1999, and continuing for 10
625 years thereafter, the division shall from month to month certify
626 to the Chief Financial Officer the amount derived from the
627 cigarette tax imposed by s. 210.02, less the service charges
628 provided for in s. 215.20 and less 0.9 percent of the amount
629 derived from the cigarette tax imposed by s. 210.02, which shall
630 be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
631 specifying an amount equal to 2.59 percent of the net
632 collections, and that amount shall be paid to the Board of
633 Directors of the H. Lee Moffitt Cancer Center and Research
634 Institute, established under s. 1004.43, by warrant drawn by the
635 Chief Financial Officer upon the State Treasury. These funds are
636 hereby appropriated monthly out of the Cigarette Tax Collection
637 Trust Fund, to be used for the purpose of constructing,
638 furnishing, and equipping a cancer research facility at the
639 University of South Florida adjacent to the H. Lee Moffitt
640 Cancer Center and Research Institute. In fiscal years 1999-2000
641 and thereafter with the exception of fiscal year 2008-2009, the
642 appropriation to the H. Lee Moffitt Cancer Center and Research
643 Institute authorized by this subparagraph shall not be less than
644 the amount that would have been paid to the H. Lee Moffitt
645 Cancer Center and Research Institute for fiscal year 1998-1999
646 had payments been made for the entire fiscal year rather than
647 for a 6-month period thereof.
648 2. Beginning July 1, 2002, and continuing through June 30,
649 2004, the division shall, in addition to the distribution
650 authorized in subparagraph 1., from month to month certify to
651 the Chief Financial Officer the amount derived from the
652 cigarette tax imposed by s. 210.02, less the service charges
653 provided for in s. 215.20 and less 0.9 percent of the amount
654 derived from the cigarette tax imposed by s. 210.02, which shall
655 be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
656 specifying an amount equal to 0.2632 percent of the net
657 collections, and that amount shall be paid to the Board of
658 Directors of the H. Lee Moffitt Cancer Center and Research
659 Institute, established under s. 1004.43, by warrant drawn by the
660 Chief Financial Officer. Beginning July 1, 2004, and continuing
661 through June 30, 2016, the division shall, in addition to the
662 distribution authorized in subparagraph 1., from month to month
663 certify to the Chief Financial Officer the amount derived from
664 the cigarette tax imposed by s. 210.02, less the service charges
665 provided for in s. 215.20 and less 0.9 percent of the amount
666 derived from the cigarette tax imposed by s. 210.02, which shall
667 be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
668 specifying an amount equal to 1.47 percent of the net
669 collections, and that amount shall be paid to the Board of
670 Directors of the H. Lee Moffitt Cancer Center and Research
671 Institute, established under s. 1004.43, by warrant drawn by the
672 Chief Financial Officer. These funds are appropriated monthly
673 out of the Cigarette Tax Collection Trust Fund, to be used for
674 the purpose of constructing, furnishing, and equipping a cancer
675 research facility at the University of South Florida adjacent to
676 the H. Lee Moffitt Cancer Center and Research Institute. In
677 fiscal years 2004-2005 and thereafter, the appropriation to the
678 H. Lee Moffitt Cancer Center and Research Institute authorized
679 by this subparagraph shall not be less than the amount that
680 would have been paid to the H. Lee Moffitt Cancer Center and
681 Research Institute in fiscal year 2001-2002, had this
682 subparagraph been in effect.
683 Section 6. Section 210.201, Florida Statutes, is amended to
684 read:
685 210.201 Cancer facilities research facility at the
686 University of South Florida; establishment; funding.—The Board
687 of Directors of the H. Lee Moffitt Cancer Center and Research
688 Institute shall construct, furnish, and equip, and shall
689 covenant to complete, the cancer research facility at the
690 University of South Florida adjacent to the H. Lee Moffitt
691 Cancer Center and Research Institute. Moneys transferred to the
692 Board of Directors of the H. Lee Moffitt Cancer Center and
693 Research Institute pursuant to s. 210.20 shall be used to secure
694 financing to pay or secure bonds or financial products issued or
695 incurred in connection with the costs related to constructing,
696 furnishing, and equipping the cancer research, treatment, and
697 related facilities facility. Such financing may include the
698 issuance of tax-exempt bonds or other forms of indebtedness by a
699 local authority, municipality, or county pursuant to parts II
700 and III of chapter 159. Such bonds shall not constitute state
701 bonds for purposes of s. 11, Art. VII of the State Constitution,
702 but shall constitute bonds of a “local agency,” as defined in s.
703 159.27(4). The cigarette tax dollars pledged to the facilities
704 this facility pursuant to s. 210.20 may be replaced annually by
705 the Legislature from tobacco litigation settlement proceeds.
706 Section 7. Paragraph (d) of subsection (1), paragraphs (b),
707 (c), and (d) of subsection (3), and paragraph (a) of subsection
708 (6) of section 215.5601, Florida Statutes, are amended to read:
709 215.5601 Lawton Chiles Endowment Fund.—
710 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
711 to:
712 (d) Provide funds to help support public-health and
713 biomedical research for the prevention, diagnosis, treatment,
714 and cure of diseases related to tobacco use by creating an
715 annual and perpetual source of funding for biomedical research
716 in the state in order to expand the foundation of biomedical
717 knowledge relating to the prevention, diagnosis, treatment, and
718 cure of diseases related to tobacco use, including cancer,
719 cardiovascular disease, stroke, and pulmonary disease; improve
720 the quality of the state's academic health centers by bringing
721 the advances of biomedical research into the training of
722 physicians and other health care providers; and increase the
723 state's per capita funding for biomedical research by
724 undertaking new initiatives in biomedical research which will
725 attract additional researchers and funding from sources other
726 than outside the state while also stimulating economic activity
727 in the state in areas related to biomedical research, such as
728 the research and production of pharmaceuticals, biotechnology,
729 and medical devices.
730 (3) LAWTON CHILES ENDOWMENT FUND; CREATION; PRINCIPAL.—
731 (b) The endowment shall receive moneys from the sale of the
732 state's right, title, and interest in and to the tobacco
733 settlement agreement as defined in s. 215.56005, including the
734 right to receive payments under such agreement, and from
735 accounts transferred from the Department of Financial Services
736 Tobacco Settlement Clearing Trust Fund established under s.
737 17.41. Amounts to be transferred from the Department of
738 Financial Services Tobacco Settlement Clearing Trust Fund to the
739 endowment shall be in the following amounts for the following
740 fiscal years:
741 1. For fiscal year 1999-2000, $1.1 billion;
742 2. For fiscal year 2000-2001, $200 million;
743 3. For fiscal year 2001-2002, $200 million; and
744 4. For fiscal year 2002-2003, $200 million.; and
745 (c) For fiscal year 2009-2010, and each fiscal year
746 thereafter, moneys designated pursuant to s. 210.20 shall be
747 allocated to the endowment Amounts to be transferred under
748 subparagraphs (b)2., 3., and 4. may be reduced by an amount
749 equal to the lesser of $200 million or the amount the endowment
750 receives in that fiscal year from the sale of the state's right,
751 title, and interest in and to the tobacco settlement agreement.
752 (d) One hundred and fifty million dollars For fiscal year
753 2001-2002, $150 million of the existing principal in the
754 endowment shall be reserved and accounted for within the
755 endowment, the income from which shall be used solely for the
756 funding for biomedical research activities as provided in s.
757 215.5602. The income from the remaining principal shall be used
758 solely as the source of funding for health and human services
759 programs for children and elders as provided in subsection (5).
760 The separate account for biomedical research shall be dissolved
761 and the entire principal in the endowment shall be used
762 exclusively for health and human services programs when cures
763 have been found for tobacco-related cancer, heart, and lung
764 disease.
765 (6) ADVISORY COUNCIL.—The Lawton Chiles Endowment Fund
766 Advisory Council is established for the purpose of reviewing the
767 funding priorities of the state agencies, evaluating their
768 requests against the mission and goals of the agencies and
769 legislative intent for the use of endowment funds, and allowing
770 for public input and advocacy.
771 (a) The advisory council shall consist of 17 15 members,
772 including:
773 1. The director of the United Way of Florida, Inc., or his
774 or her designee;
775 2. The director of the Foster Parents Association, or his
776 or her designee;
777 3. The chair of the Department of Elderly Affairs Advisory
778 Council, or his or her designee;
779 4. The president of the Florida Association of Area
780 Agencies on Aging, or his or her designee;
781 5. The State Long-Term Care Ombudsman, or his or her
782 designee;
783 6. The state director of the Florida AARP, or his or her
784 designee;
785 7. The director of the Florida Pediatric Society, or his or
786 her designee;
787 8. A representative of the Guardian Ad Litem Program,
788 appointed by the Governor;
789 9. A representative of a child welfare lead agency for
790 community-based care, appointed by the Governor;
791 10. A representative of an elder care lead agency for
792 community-based care, appointed by the Governor;
793 11. A representative of a statewide child advocacy
794 organization, appointed by the Governor;
795 12. One consumer caregiver for children, appointed by the
796 Governor;
797 13. One person older than over the age of 60 years of age
798 to represent the interests of elders, appointed by the Governor;
799 14. One person younger than under the age of 18 years of
800 age to represent the interests of children, appointed by the
801 Governor; and
802 15. One consumer caregiver for a functionally impaired
803 elderly person, appointed by the Governor;.
804 16. One representative of a public health organization
805 having a major interest in tobacco control, appointed by the
806 Governor; and
807 17. One consumer who is currently eligible for benefits
808 under Title XIX of the Medicaid program.
809 Section 8. Subsections (1), (2), (12), (13), (14), and (15)
810 of section 215.5602, Florida Statutes, as amended by section 1
811 of chapter 2009-5, Laws of Florida, are amended to read:
812 215.5602 James and Esther King Biomedical Research
813 Program.—
814 (1) There is established within the Department of Health
815 the James and Esther King Biomedical Research Program funded by
816 the proceeds designated pursuant to s. 210.20 and any portion of
817 the Lawton Chiles Endowment Fund pursuant to s. 215.5601. The
818 purpose of the James and Esther King Biomedical Research Program
819 is to provide an annual and perpetual source of funding in order
820 to support research initiatives that address the health care
821 problems of Floridians in the areas of tobacco-related cancer,
822 cardiovascular disease, stroke, and pulmonary disease. The long
823 term goals of the program are to:
824 (a) Improve the health of Floridians by researching better
825 prevention, diagnoses, treatments, and cures for cancer,
826 cardiovascular disease, stroke, and pulmonary disease.
827 (b) Expand the foundation of biomedical knowledge relating
828 to the prevention, diagnosis, treatment, and cure of diseases
829 related to tobacco use, including cancer, cardiovascular
830 disease, stroke, and pulmonary disease.
831 (c) Improve the quality of the state's academic health
832 centers by bringing the advances of biomedical research into the
833 training of physicians and other health care providers.
834 (d) Increase the state's per capita funding for research by
835 undertaking new initiatives in public health and biomedical
836 research that will attract additional funding from outside the
837 state.
838 (e) Stimulate economic activity in the state in areas
839 related to biomedical research, such as the research and
840 production of pharmaceuticals, biotechnology, and medical
841 devices.
842 (f) Expand the research capacity and infrastructure needed
843 to conduct research on tobacco-related illnesses using funding
844 for fixed capital outlay projects, as determined by the
845 Biomedical Research Advisory Council, within the program's
846 annual appropriation and up to 50 percent of the program's
847 annual funding allocated for such purpose; however, grant
848 recipients receiving funds for fixed capital outlay projects
849 must use matching funds of at least 200 percent of the moneys
850 awarded by the council.
851 (2) Funds appropriated for the James and Esther King
852 Biomedical Research Program shall be used exclusively for the
853 award of grants and fellowships as established in this section;
854 for research relating to the prevention, diagnosis, treatment,
855 and cure of diseases related to tobacco use, including cancer,
856 cardiovascular disease, stroke, and pulmonary disease; for
857 expenditures related to the expansion of tobacco-related
858 research capacity and infrastructure within the state, including
859 capital outlay costs to achieve such purpose, consistent with
860 the match requirements in paragraph (1)(f); and for expenses
861 incurred in the administration of this section. Priority shall
862 be granted to research designed to prevent or cure disease. The
863 state shall have, commensurate with its level of investment, a
864 commercialization interest in any research supported by the
865 funds appropriated for the program.
866 (12) For the 2008-2009 fiscal year and each fiscal year
867 thereafter, the sum of $4.5 million is appropriated annually
868 from recurring funds in the General Revenue Fund to the
869 Biomedical Research Trust Fund within the Department of Health
870 for purposes of the James and Esther King Biomedical Research
871 Program pursuant to this section. From these funds up to $1
872 million $250,000 shall be available for the operating costs of
873 the Florida Center for Universal Research to Eradicate Disease.
874 Beginning in the 2010-2011 fiscal year, up to $1 million of the
875 funds allocated to the program shall be available for the
876 program's operating costs incurred pursuant to. s. 210.20.
877 (13) By June 1, 2017 June 1, 2009, the Division of
878 Statutory Revision of the Office of Legislative Services shall
879 certify to the President of the Senate and the Speaker of the
880 House of Representatives the language and statutory citation of
881 this section, which is scheduled to expire January 1, 2018
882 January 1, 2011.
883 (14) The Legislature shall review the performance, the
884 outcomes, and the financial management of the James and Esther
885 King Biomedical Research Program during the 2017 2010 Regular
886 Session of the Legislature and shall determine the most
887 appropriate funding source and means of funding the program
888 based on its review.
889 (15) This section expires January 1, 2018 January 1, 2011,
890 unless reviewed and reenacted by the Legislature before that
891 date.
892 Section 9. Paragraphs (c) and (d) of subsection (5) and
893 subsection (12) of section 381.0302, Florida Statutes, are
894 amended to read:
895 381.0302 Florida Health Services Corps.—
896 (5) The department may award scholarships to students
897 studying medicine, osteopathic medicine, chiropractic medicine,
898 podiatric, nursing, or dentistry.
899 (c) In selecting students to participate in the scholarship
900 program, priority shall be given to students who indicate a
901 desire to practice a primary care specialty in a medically
902 underserved area after their obligation is completed and who
903 indicate an intent to practice medical specialties for which the
904 department has a need. Additional priority shall be given to
905 students who indicate a desire to practice the medical
906 specialties of oncology, cardiology, or pulmonology.
907 (d) Scholarship assistance shall consist of reimbursement
908 for tuition and other educational costs such as books, supplies,
909 equipment, transportation, and monthly living expense stipends.
910 The department shall pay at least the same amount for living
911 expense stipends as is paid by the National Health Services
912 Corps. If the funds allocated to the program pursuant to s.
913 210.20 are sufficient, the department may increase the stipends
914 annually by an amount equal to the Consumer Price Index. Each
915 monthly living expense stipend shall be for a 12-month period
916 beginning with the first month of each school year in which the
917 student is a participant. The department may reimburse a
918 participant for books, supplies, and equipment based on average
919 costs incurred by participants for these items. The department
920 shall prescribe, by rule, eligible expenses for reimbursement
921 and allowable amounts.
922 (12) Funds appropriated under this section shall be
923 deposited in the Florida Health Services Corps Trust Fund, which
924 shall be administered by the department. The department may use
925 funds appropriated for the Florida Health Services Corps,
926 including any moneys allocated pursuant to s. 210.20, as
927 matching funds for federal service-obligation scholarship
928 programs for health care practitioners, such as the
929 Demonstration Grants to States for Community Scholarship Grants
930 program. If funds appropriated under this section are used as
931 matching funds, federal criteria shall be followed whenever
932 there is a conflict between provisions in this section and
933 federal requirements.
934 Section 10. Section 381.04035, Florida Statutes, is created
935 to read:
936 381.04035 Graduate Medical Education Workforce Act.—
937 (1) LEGISLATIVE FINDINGS AND INTENT.—
938 (a) It is the intent of the Legislature to improve access
939 to health care services for all residents of the state and to
940 foster and maintain accredited graduate medical education
941 programs and positions to address the unique issues relating
942 such access by the state's growing and aging population.
943 (b) The Legislature also finds that the inordinately high
944 burden of diseases caused by tobacco use requires an increase in
945 the number of positions in the medical specialties of oncology,
946 cardiology, and pulmonology. The Legislature finds that the
947 shortage of physicians, including primary care residents,
948 available to care for persons who have certain emergent
949 conditions and traumatic injuries requires an increase in the
950 number of positions for subspecialists, including, but not
951 limited to, plastic surgery, hand surgery, orthopedics,
952 neurosurgery, and pediatric surgery.
953 (c) In order to meet the state's present and future medical
954 needs, the Legislature intends to expand and maintain accredited
955 graduate medical education intern, resident, and fellowship
956 positions and programs. The Legislature intends to provide
957 funding for newly created, accredited graduate medical education
958 positions at an average of, accounting for differences in
959 specialties, $90,000 per position per year to fund the direct
960 costs associated with the positions. The funding for positions
961 initiated after the enactment of the 1997 Balanced Budget Act by
962 the Congress of the United States through July 1, 2009, shall be
963 90 percent of the average cost.
964 (d) The Legislature also encourages entities sponsoring and
965 funding graduate medical education positions and programs to
966 apply to the Department of Health for nonrecurring start-up
967 funds and recurring grants for recruiting and retaining faculty
968 physicians and developing and maintaining academic centers of
969 excellence.
970 (2) PROGRAM FOR FUNDING GRADUATE MEDICAL EDUCATION
971 POSITIONS.—
972 (a) A program for funding accredited graduate medical
973 education positions is established within the Department of
974 Health. The program shall provide financial support to hospitals
975 for the direct costs associated with new internships,
976 residencies, and fellowships initiated on or after July 1, 2009.
977 The program shall also provide financial support to hospitals,
978 which do not otherwise receive funding under the Medicare
979 program, for 90 percent of the direct costs associated with
980 internships, residencies, and fellowships initiated before July
981 1, 2009, and after the enactment of the 1997 Balanced Budget Act
982 by Congress. If feasible, and subject to the General
983 Appropriations Act, state funds shall be used to generate
984 federal matching funds under the Medicaid program or other
985 federal programs. The combined state and federal funds shall be
986 allocated to hospitals participating in the program.
987 (b) The department, based on recommendations made by the
988 Graduate Medical Education Council, shall determine the levels
989 of funding for new internships, residencies, and fellowships in
990 accredited programs. A hospital having full-time equivalent
991 interns, residents, and fellows may apply to the department for
992 grants-in-aid for such positions.
993 (c) The funding for internships, residencies, and
994 fellowships in accredited programs which are added after the
995 adoption of the 1997 Balanced Budget Act by Congress and before
996 July 1, 2009, and for which the hospital does not receive
997 federal funding shall be limited to 90 percent of the amount
998 determined under paragraph (b). A hospital having full-time
999 equivalent interns, residents, and fellows may apply to the
1000 department for grants-in-aid for qualifying positions.
1001 (d) A hospital receiving funding through the program shall
1002 submit an annual report to the department and the Graduate
1003 Medical Education Council which identifies the graduate medical
1004 education activities supported by the program.
1005 (3) PROGRAM FOR FUNDING GRADUATE MEDICAL EDUCATION PROGRAMS
1006 AND ACADEMIC CENTERS OF EXCELLENCE.—
1007 (a) A program for funding graduate medical education
1008 programs and academic centers of excellence is established
1009 within the Department of Health. It is the intent of the
1010 Legislature to fund the development and maintenance of graduate
1011 medical education programs, including start-up costs and the
1012 costs associated with recruiting and retaining qualified faculty
1013 physicians, and the establishment and support of academic
1014 centers of excellence. Hospitals, universities, and other
1015 sponsoring entities may apply to the department for nonrecurring
1016 grants-in-aid for such costs. If feasible, and subject to the
1017 General Appropriations Act, state funds shall be used to
1018 generate federal matching funds under the Medicaid program or
1019 other federal programs. The combined state and federal funds
1020 shall be allocated to eligible participants.
1021 (b) Start-up costs may include, but need not be limited to,
1022 items such as capital expenditures, equipment, and technology.
1023 (c) The department, in consultation with the Graduate
1024 Medical Education Council, shall determine the criteria for and
1025 identification of the levels of funding for recruiting and
1026 retaining faculty physicians, and the criteria for supporting
1027 and developing academic centers of excellence, except for the
1028 state's designated burn units established in s. 408.0361.
1029 (d) Participating entities that receive funds under the
1030 program shall submit an annual report to the department and the
1031 Graduate Medical Education Council which identifies the graduate
1032 medical education activities supported by the program.
1033 (4) GRADUATE MEDICAL EDUCATION COUNCIL; MEMBERSHIP;
1034 STAFFING.—
1035 (a) The Graduate Medical Education Council is created and
1036 shall consist of nine members as follows:
1037 1. Four members shall be recommended by the Council of
1038 Medical School Deans;
1039 2. Two members shall be recommended by the Statutory
1040 Teaching Hospital Council of Florida;
1041 3. One member shall be a representative of a family
1042 practice teaching hospital as defined in s. 395.805;
1043 4. One member shall be a representative of a community
1044 hospital education program hospital as provided in s.381.0403;
1045 and
1046 5. One member shall be a consumer representative.
1047 Each member shall be appointed by the Governor for a 4-year
1048 term. Initial appointments shall be made by September 1, 2009.
1049 (b) A member's term shall end when his or her
1050 representative status no longer exists. A member who has a
1051 similar representative status shall be appointed to replace the
1052 retiring or resigning member.
1053 (c) The State Surgeon General shall designate an
1054 administrator to serve as staff director of the council. The
1055 council shall elect a chairperson from among its membership.
1056 (d) The council shall develop a formal process to implement
1057 this section by December 1, 2009.
1058 (5) DEPARTMENT OF HEALTH; REPORTING REQUIREMENTS.—
1059 (a) The department, based on recommendations made by the
1060 Graduate Medical Education Council, shall analyze the cost
1061 reports submitted by hospitals that have graduate medical
1062 education programs and positions; determine the direct costs
1063 associated with internship, residency, and fellowship positions;
1064 and set the amount per position, based on the specialty, which
1065 shall be an average of $90,000 per position. The department
1066 shall require the hospitals receiving funds appropriated
1067 pursuant to subsection (2) to submit, at a minimum:
1068 1. Evidence that the graduate medical education positions
1069 are accredited by the Accreditation Council for Graduate Medical
1070 Education or the American Osteopathic Association.
1071 2. Quarterly reports indicating the number of positions for
1072 which the hospital is receiving funding.
1073 3. An annual report identifying the graduate medical
1074 education positions supported by the program.
1075 (b) When evaluating requests for funding under subsection
1076 (3), the department, based on recommendations made by the
1077 council, shall consult with the Agency for Health Care
1078 Administration and review, at a minimum:
1079 1. Reports from the physician workforce assessment and
1080 development activities and materials created pursuant to s.
1081 381.4018;
1082 2. Reports and materials created pursuant to s. 381.0403;
1083 3. Reports, materials, and work groups formed by the
1084 department's Office of Trauma under part I of chapter 395;
1085 4. Inventory of hospital emergency room services created
1086 pursuant to the Access to Emergency Care Act, s. 395.1041; and
1087 5. Burn units established pursuant to s. 408.0361 and rule
1088 59C-1.043, Florida Administrative Code.
1089 (c) The department shall establish reporting requirements
1090 for hospitals, universities, and other qualified entities
1091 receiving funding under subsection (3), which shall include, but
1092 not be limited to:
1093 1. Evidence that the graduate medical education programs
1094 are seeking accreditation from or have been accredited by the
1095 Accreditation Council for Graduate Medical Education or the
1096 American Osteopathic Association.
1097 2. Quarterly receipts of any nonrecurring start-up
1098 expenditures.
1099 3. Evidence that the funding for establishing and
1100 maintaining academic centers of excellence has improved
1101 patients' access to health care.
1102 (6) MATCHING FUNDS.—Funds appropriated pursuant to s.
1103 210.20 shall be used to match funds from any local or state
1104 governmental, hospital, or sponsoring entity source. The
1105 matching funds must provide up to 70 percent of the funds
1106 necessary to support and maintain the graduate medical education
1107 programs. In addition to the reporting requirements in
1108 subsection (5), hospitals, universities, and sponsoring entities
1109 shall provide the department with evidence of nonstate support
1110 for the graduate medical education programs and positions.
1111 (7) STAFFING.—The department may employ other personnel as
1112 necessary to implement and administer this section. The funds
1113 appropriated pursuant to s. 210.20 shall support the
1114 department's staff.
1115 Section 11. Subsection (1) and paragraphs (a), (b), (e),
1116 (f), and (h) of subsection (3) of section 381.4018, Florida
1117 Statutes, are amended to read:
1118 381.4018 Physician workforce assessment and development.—
1119 (1) LEGISLATIVE INTENT.—The Legislature recognizes that
1120 physician workforce planning is an essential component of
1121 ensuring that there is an adequate and appropriate supply of
1122 well-trained physicians to meet the this state's future health
1123 care service needs as the general population and elderly
1124 population of the state increase. The Legislature finds that
1125 items to consider relative to assessing the physician workforce
1126 may include physician practice status; specialty mix; geographic
1127 distribution; demographic information, including, but not
1128 limited to, age, gender, race, and cultural considerations; and
1129 needs of current or projected medically underserved areas in the
1130 state; and the relative burden of cancer, heart, and lung
1131 diseases which is exacerbated by the state's demographics. Long
1132 term strategic planning is essential as the period from the time
1133 a medical student enters medical school to completion of
1134 graduate medical education may range from 7 to 10 years or
1135 longer. The Legislature recognizes that strategies to provide
1136 for a well-trained supply of physicians must include ensuring
1137 the availability and capacity of quality graduate medical
1138 schools in the this state, as well as using new or existing
1139 state and federal programs providing incentives for physicians
1140 to practice in needed specialties and in underserved areas in a
1141 manner that addresses projected needs for physician manpower.
1142 (3) GENERAL FUNCTIONS.—The department shall maximize the
1143 use of existing programs under the jurisdiction of the
1144 department and other state agencies and coordinate governmental
1145 and nongovernmental stakeholders and resources in order to
1146 develop a state strategic plan and assess the implementation of
1147 such strategic plan. In developing the state strategic plan, the
1148 department shall:
1149 (a) Monitor, evaluate, and report on the supply and
1150 distribution of physicians, including physicians who practice
1151 medical specialties, licensed under chapter 458 or chapter 459.
1152 The department shall maintain a database to serve as a statewide
1153 source of data concerning the physician workforce.
1154 (b) Develop a model and quantify, on an ongoing basis, the
1155 adequacy of the state's current and future physician workforce,
1156 including physicians who practice medical specialties, as
1157 reliable data becomes available. The Such model must take into
1158 account demographics, physician practice status, place of
1159 education and training, generational changes, population growth,
1160 economic indicators, and issues concerning the “pipeline” into
1161 medical education.
1162 (e) Pursue strategies and policies to create, expand, and
1163 maintain graduate medical education positions in the state based
1164 on the analysis of the physician workforce data, and provide for
1165 innovations in medical specialties, including oncology,
1166 cardiology, and pulmonology, based upon the state's demographics
1167 and its present and future burdens related to such diseases. The
1168 Such strategies and policies must take into account the effect
1169 of federal funding limitations on the expansion and creation of
1170 positions in graduate medical education. The department shall
1171 develop options to address such federal funding limitations. The
1172 department shall consider options to provide direct state
1173 funding for graduate medical education positions in a manner
1174 that addresses requirements and needs relative to accreditation
1175 of graduate medical education programs using moneys designated
1176 for such purpose pursuant to s. 210.20. The department shall
1177 consider funding residency positions as a means of addressing
1178 needed physician specialty areas, including oncology,
1179 cardiology, pulmonology, and other specialty areas adversely
1180 affected by the state's demographics, rural areas having a
1181 shortage of physicians, and areas of ongoing critical need, and
1182 as a means of addressing the state's physician workforce needs
1183 based on an ongoing analysis of physician workforce data.
1184 (f) Develop strategies to maximize federal and state
1185 programs that provide for the use of incentives to attract
1186 physicians to the this state or retain physicians within the
1187 state. The Such strategies shall should explore and maximize
1188 federal-state partnerships that provide incentives for
1189 physicians to practice in federally designated shortage areas.
1190 The strategies shall also consider the use of state programs,
1191 such as the Florida Health Service Corps established pursuant to
1192 s. 381.0302 and the Medical Education Reimbursement and Loan
1193 Repayment Program pursuant to s. 1009.65, which provide for
1194 education loan repayment or loan forgiveness and provide
1195 monetary incentives for physicians to relocate to underserved
1196 areas of the state. A portion of the funds allocated pursuant to
1197 s. 210.20 may be used for the purposes provided in this
1198 paragraph.
1199 (h) Work in conjunction with and act as a coordinating body
1200 for governmental and nongovernmental stakeholders to address
1201 matters relating to the state's physician workforce assessment
1202 and development for the purpose of ensuring an adequate supply
1203 of well-trained physicians to meet the state's future needs.
1204 1. Such governmental stakeholders shall include, but need
1205 not be limited to:,
1206 a. The State Surgeon General or his or her designee;,
1207 b. The Commissioner of Education or his or her designee;,
1208 c. The Secretary of Health Care Administration or his or
1209 her designee;, and
1210 d. The Chancellor of the State University System or his or
1211 her designee from the Board of Governors of the State University
1212 System;, and,
1213 e. At the discretion of the department, other
1214 representatives of state and local agencies that are involved in
1215 assessing, educating, or training the state's current or future
1216 physicians.
1217 2. Other stakeholders shall include, but need not be
1218 limited to:,
1219 a. Organizations representing the state's public and
1220 private allopathic and osteopathic medical schools;
1221 b. Organizations representing hospitals and other
1222 institutions providing health care, particularly those that have
1223 an interest in providing accredited medical education and
1224 graduate medical education to medical students and medical
1225 residents;
1226 c. Organizations representing allopathic and osteopathic
1227 practicing physicians; and,
1228 d. At the discretion of the department, representatives of
1229 other organizations or entities involved in assessing,
1230 educating, or training the state's current or future physicians,
1231 including public health groups and organizations having an
1232 expertise in the trends of diseases, which are relevant to the
1233 state, and in the need to anticipate and adequately address
1234 issues concerning medical capacity.
1235 Section 12. Paragraphs (b) and (h) of subsection (3) of
1236 section 381.84, Florida Statutes, are amended to read:
1237 381.84 Comprehensive Statewide Tobacco Education and Use
1238 Prevention Program.—
1239 (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
1240 shall conduct a comprehensive, statewide tobacco education and
1241 use prevention program consistent with the recommendations for
1242 effective program components contained in the 1999 Best
1243 Practices for Comprehensive Tobacco Control Programs of the CDC,
1244 as amended by the CDC. The program shall include the following
1245 components, each of which shall focus on educating people,
1246 particularly youth and their parents, about the health hazards
1247 of tobacco and discouraging the use of tobacco:
1248 (b) Cessation programs, counseling, and treatment.—This
1249 program component shall include two subcomponents:
1250 1. A statewide toll-free cessation service that shall,
1251 which may include counseling, referrals to other local and state
1252 resources and support services, including the Cover Florida
1253 Health Care Access Program for persons who meet the eligibility
1254 requirements in s. 408.9091(7), and treatment to the extent
1255 funds are available for treatment services; and
1256 2. A local community-based program to disseminate
1257 information about smoking cessation, how smoking cessation
1258 relates to prenatal care and obesity prevention, and other
1259 chronic tobacco-related diseases.
1260 (h) Enforcement and awareness of related laws.—In
1261 coordination with the Department of Business and Professional
1262 Regulation, the program shall monitor the enforcement of laws,
1263 rules, and policies prohibiting the sale or other provision of
1264 tobacco to minors, as well as the continued enforcement of the
1265 Clean Indoor Air Act prescribed in chapter 386. The
1266 advertisements produced in accordance with paragraph (a) may
1267 also include information designed to make the public aware of
1268 these related laws and rules. The departments may enter into
1269 interagency agreements to carry out this program component.
1270 Funds designated pursuant to s. 210.20 shall be used to
1271 administer this paragraph.
1272 Section 13. Subsection (5) of section 381.855, Florida
1273 Statutes, is amended, present subsections (5) through (7) of
1274 that section are redesignated as subsections (6) through (8),
1275 respectively, and a new subsection (5) is added to that section
1276 to read:
1277 381.855 Florida Center for Universal Research to Eradicate
1278 Disease.—
1279 (5) Beginning in the 2009-2010 fiscal year, an annual sum
1280 of no more than $1 million shall be allocated to the center for
1281 its operations pursuant to s. 210.20 for the James and Esther
1282 King Biomedical Research Program.
1283 (6)(5) There is established within the center an advisory
1284 council that shall meet at least annually.
1285 (a) The council shall consist of one representative from a
1286 Florida not-for-profit institution engaged in basic and clinical
1287 biomedical research and education which receives more than $10
1288 million in annual grant funding from the National Institutes of
1289 Health, to be appointed by the State Surgeon General from a
1290 different institution each term, and one representative from and
1291 appointed by each of the following entities:
1292 1. Enterprise Florida, Inc.
1293 2. BioFlorida.
1294 3. The Biomedical Research Advisory Council.
1295 4. The Florida Medical Foundation.
1296 5. Pharmaceutical Research and Manufacturers of America.
1297 6. The Florida Cancer Council.
1298 6.7. The American Cancer Society, Florida Division, Inc.
1299 7.8. The American Heart Association, Greater Southeast
1300 Affiliate.
1301 8.9. The American Lung Association of Florida.
1302 9.10. The American Diabetes Association, South Coastal
1303 Region.
1304 10.11. The Alzheimer's Association.
1305 11.12. The Epilepsy Foundation.
1306 12.13. The National Parkinson Foundation.
1307 14. The Florida Public Health Foundation, Inc.
1308 13.15. The Florida Research Consortium.
1309 14. A Florida-based research facility that is designated by
1310 the National Cancer Institute as a comprehensive cancer center.
1311 (b) Members of the council shall serve without
1312 compensation, and each organization represented shall cover all
1313 expenses of its representative.
1314 Section 14. Paragraph (c) of subsection (1) of section
1315 381.91, Florida Statutes, is amended to read:
1316 381.91 Jessie Trice Cancer Prevention Program.—
1317 (1) It is the intent of the Legislature to:
1318 (c) Establish a funding source, from which moneys shall be
1319 designated pursuant to s. 210.20, to build upon local private
1320 participation to sustain the operation of the program.
1321 Section 15. Section 381.92, Florida Statutes, is repealed.
1322 Section 16. Section 381.921, Florida Statutes, is repealed.
1323 Section 17. Subsections (1), (2), (5), (6), (7), and (8) of
1324 section 381.922, Florida Statutes, as amended by section 2 of
1325 chapter 2009-5, Laws of Florida, are amended, present
1326 subsections (6) through (8) are redesignated as subsections (7)
1327 through (10), respectively, and new subsections (6) and (7) are
1328 added to that section, to read:
1329 381.922 William G. “Bill” Bankhead, Jr., and David Coley
1330 Cancer Research Program.—
1331 (1) The William G. “Bill” Bankhead, Jr., and David Coley
1332 Cancer Research Program, which may be otherwise cited as the
1333 “Bankhead-Coley Program,” is created within the Department of
1334 Health. The purpose of the program is shall be to advance
1335 progress towards cures for cancer using through grants awarded
1336 through a peer-reviewed, competitive process, and to expand
1337 cancer research and treatment capacity in the state.
1338 (2) The program shall provide grants for cancer research to
1339 further the search for cures for cancer, for recruiting cancer
1340 researchers and research teams to institutions in the state, for
1341 operational start-up grants for newly recruited cancer
1342 researchers and research teams, and for fixed capital outlay
1343 expenditures related to the expansion of cancer research and
1344 treatment capacity in the state. Fifty percent of the program's
1345 annual allocation shall apply to the purposes provided in this
1346 subsection. Grantees receiving moneys for purposes other than
1347 research shall use matching funds of at least 200 percent of the
1348 amount awarded by the Biomedical Research Advisory Council.
1349 (a) In order to support the advancement of cures for cancer
1350 in the state, emphasis shall be given to the following goals:
1351 enumerated in s. 381.921, as those goals support the advancement
1352 of such cures.
1353 1. Significantly expand cancer research capacity by
1354 identifying ways to attract new research talent and attendant
1355 national grant-producing researchers to cancer research
1356 facilities by:
1357 a. Implementing a peer-reviewed, competitive process to
1358 identify and fund the best proposals to expand cancer research
1359 institutes;
1360 b. Providing funding by using available resources for
1361 proposals that demonstrate the greatest opportunity to attract
1362 federal research grants and private financial support;
1363 c. Encouraging the employment of bioinformatics in order to
1364 create a cancer informatics infrastructure that enhances
1365 information and resource exchange and integration through
1366 researchers working in diverse disciplines and to facilitate the
1367 full spectrum of cancer investigations;
1368 d. Facilitating the technical coordination, business
1369 development, and support of intellectual property as it relates
1370 to the advancement of cancer research; and
1371 e. Aiding in other multidisciplinary research-support
1372 activities that benefit the advancement of cancer research.
1373 2. Improve both research and treatment through greater
1374 participation in clinical trials networks by:
1375 a. Identifying ways to increase adult enrollment in cancer
1376 clinical trials;
1377 b. Supporting public and private professional education
1378 programs designed to increase the awareness and knowledge of
1379 cancer clinical trials;
1380 c. Providing tools for cancer patients and community-based
1381 oncologists to aid in the identification of cancer clinical
1382 trials; and
1383 d. Creating opportunities for academic cancer centers to
1384 collaborate with community-based oncologists in cancer clinical
1385 trials networks.
1386 3. Reduce the impact of cancer on disparate groups by:
1387 a. Identifying those cancers that disproportionately affect
1388 certain demographic groups; and
1389 b. Building collaborations designed to reduce health
1390 disparities relating to cancer.
1391 (b) Preference may be given to grant proposals that foster
1392 collaborations among institutions, researchers, and community
1393 practitioners, as such proposals support the advancement of
1394 cures through basic or applied research, including clinical
1395 trials involving cancer patients and related networks.
1396 (5) For the 2008-2009 fiscal year and each fiscal year
1397 thereafter, the sum of $6.75 million is appropriated annually
1398 from recurring funds in the General Revenue Fund to the
1399 Biomedical Research Trust Fund within the Department of Health
1400 for purposes of the William G. “Bill” Bankhead, Jr., and David
1401 Coley Cancer Research Program and shall be distributed pursuant
1402 to this section to provide grants to researchers seeking cures
1403 for cancer, with emphasis given to the goals enumerated in
1404 subsection (2) of this section s. 381.921. From the total funds
1405 appropriated, an amount of up to 10 percent may be used for
1406 administrative expenses.
1407 (6) Beginning in the 2009-2010 fiscal year, and every year
1408 thereafter, funds generated pursuant to s. 210.20 shall be used
1409 to support the purposes provided in this section. The annual
1410 appropriation of such funds shall allow for reasonable
1411 administrative costs associated with implementing the program.
1412 (7) The state shall have, commensurate with its level of
1413 investment, a commercialization interest in any research
1414 supported by the funds appropriated from the program.
1415 (8)(6) By June 1, 2016 June 1, 2009, the Division of
1416 Statutory Revision of the Office of Legislative Services shall
1417 certify to the President of the Senate and the Speaker of the
1418 House of Representatives the language and statutory citation of
1419 this section, which is scheduled to expire January 1, 2018
1420 January 1, 2011.
1421 (9)(7) The Legislature shall review the performance, the
1422 outcomes, and the financial management of the William G. “Bill”
1423 Bankhead, Jr., and David Coley Cancer Research Program during
1424 the 2010 Regular Session of the Legislature and shall determine
1425 the most appropriate funding source and means of funding the
1426 program based on its review.
1427 (10)(8) This section expires January 1, 2018 January 1,
1428 2011, unless reviewed and reenacted by the Legislature before
1429 that date.
1430 Section 18. Subsections (3) and (4) of section 381.93,
1431 Florida Statutes, are amended to read:
1432 381.93 Breast and cervical cancer early detection program.
1433 This section may be cited as the “Mary Brogan Breast and
1434 Cervical Cancer Early Detection Program Act.”
1435 (3) The Mary Brogan Breast and Cervical Cancer Early
1436 Detection Program shall be funded through grants for such
1437 screening and early detection purposes from the federal Centers
1438 for Disease Control and Prevention under Title XV of the Public
1439 Health Service Act, 42 U.S.C. ss. 300k et seq. and moneys
1440 designated for such purposes pursuant to s. 210.20.
1441 (4) The department shall limit enrollment in the program to
1442 persons with incomes up to and including 250 200 percent of the
1443 federal poverty level. The department shall establish an
1444 eligibility process that includes an income-verification process
1445 to ensure that persons served under the program meet income
1446 guidelines.
1447 Section 19. Subsections (2) and (3) of section 395.6061,
1448 Florida Statutes, are amended to read:
1449 395.6061 Rural hospital capital improvement.—There is
1450 established a rural hospital capital improvement grant program.
1451 (2) Each rural hospital as defined in s. 395.602 shall
1452 receive a minimum of $100,000 annually, subject to legislative
1453 appropriation, upon application to the Department of Health, for
1454 projects to acquire, repair, improve, or upgrade systems,
1455 facilities, or equipment. Each rural hospital may apply for
1456 funds designated pursuant to s. 210.20 for the purposes provided
1457 in this section.
1458 (3) Funds for the acquisition, repair, improvement, or
1459 upgrade of systems, facilities, or equipment at rural hospitals
1460 Any remaining funds shall annually be annually disbursed to
1461 rural hospitals in accordance with this section. The Department
1462 of Health shall establish, by rule, criteria for awarding grants
1463 for any remaining funds, which must be used exclusively for the
1464 support and assistance of rural hospitals as defined in s.
1465 395.602, including criteria relating to the level of
1466 uncompensated care rendered by the hospital, the participation
1467 in a rural health network as defined in s. 381.0406, and the
1468 proposed use of the grant by the rural hospital to resolve a
1469 specific problem. The department must consider any information
1470 submitted in an application for the grants in accordance with
1471 subsection (1) in determining eligibility for and the amount of
1472 the grant, and none of the individual items of information by
1473 itself may be used to deny grant eligibility.
1474 Section 20. Subsection (2), paragraph (a) of subsection
1475 (4), and present subsection (9) of section 408.9091, Florida
1476 Statutes, are amended, present subsections (8) through (11) of
1477 that section are redesignated as subsections (9) through (12),
1478 respectively, and a new subsection (8) is added to that section,
1479 to read:
1480 408.9091 Cover Florida Health Care Access Program.—
1481 (2) LEGISLATIVE INTENT.—The Legislature finds that a
1482 significant number of state residents are unable to obtain
1483 affordable health insurance coverage. The Legislature also finds
1484 that existing health flex plan coverage has had limited
1485 participation due in part to narrow eligibility restrictions as
1486 well as minimal benefit options for catastrophic and emergency
1487 care coverage. Therefore, it is the intent of the Legislature to
1488 expand the availability of health care options for uninsured
1489 residents by developing an affordable health care product that
1490 emphasizes coverage for basic and preventive health care
1491 services and smoking cessation; provides inpatient hospital,
1492 urgent, and emergency care services; and is offered statewide by
1493 approved health insurers, health maintenance organizations,
1494 health-care-provider-sponsored organizations, or health care
1495 districts.
1496 (4) PROGRAM.—The agency and the office shall jointly
1497 establish and administer the Cover Florida Health Care Access
1498 Program.
1499 (a) General Cover Florida plan components must require
1500 that:
1501 1. Plans are offered on a guaranteed-issue basis to
1502 enrollees, subject to exclusions for preexisting conditions
1503 approved by the office and the agency.
1504 2. Plans are portable such that the enrollee remains
1505 covered regardless of employment status or the cost-sharing of
1506 premiums.
1507 3. Plans provide for cost containment through limits on the
1508 number of services, caps on benefit payments, and copayments for
1509 services.
1510 4. A Cover Florida plan entity makes all benefit plan and
1511 marketing materials available in English and Spanish.
1512 5. In order to provide for consumer choice, Cover Florida
1513 plan entities develop two alternative benefit option plans
1514 having different cost and benefit levels, including at least one
1515 plan that provides catastrophic coverage.
1516 6. Plans without catastrophic coverage provide coverage
1517 options for services including, but not limited to:
1518 a. Preventive health services, including immunizations,
1519 annual health assessments, well-woman and well-care services,
1520 and preventive screenings such as mammograms, cervical cancer
1521 screenings, and noninvasive colorectal or prostate screenings.
1522 b. Incentives for routine preventive care.
1523 c. Office visits for the diagnosis and treatment of illness
1524 or injury.
1525 d. Office surgery, including anesthesia.
1526 e. Behavioral health services.
1527 f. Durable medical equipment and prosthetics.
1528 g. Diabetic supplies.
1529 h. Nicotine-replacement therapy supplies and other
1530 pharmacotherapeutic tools relating to smoking cessation.
1531 7. Plans providing catastrophic coverage, at a minimum,
1532 provide coverage options for all of the services listed under
1533 subparagraph 6.; however, such plans may include, but are not
1534 limited to, coverage options for:
1535 a. Inpatient hospital stays.
1536 b. Hospital emergency care services.
1537 c. Urgent care services.
1538 d. Outpatient facility services, outpatient surgery, and
1539 outpatient diagnostic services.
1540 8. All plans offer prescription drug benefit coverage, use
1541 a prescription drug manager, or offer a discount drug card.
1542 9. Plan enrollment materials provide information in plain
1543 language on policy benefit coverage, benefit limits, cost
1544 sharing requirements, and exclusions and a clear representation
1545 of what is not covered in the plan. Such enrollment materials
1546 must include a standard disclosure form adopted by rule by the
1547 Financial Services Commission, to be reviewed and executed by
1548 all consumers purchasing Cover Florida plan coverage.
1549 10. Plans offered through a qualified employer meet the
1550 requirements of s. 125 of the Internal Revenue Code.
1551 (8) TEMPORARY PREMIUM SUBSIDY FOR CERTAIN PERSONS.—An
1552 individual who meets the eligibility requirements in subsection
1553 (7) and who is enrolled and actively participating in a smoking
1554 cessation program as provided in s. 381.84 is eligible to have
1555 his or her insurance premium subsidized by the state for a
1556 period of up to 12 months, at an amount of up to $75 per month,
1557 to the extent that the funds designated pursuant to s. 210.20
1558 for this purpose are available.
1559 (10)(9) NONENTITLEMENT.—Notwithstanding subsection (8),
1560 coverage under a Cover Florida plan is not an entitlement, and a
1561 cause of action does not arise against the state, a local
1562 government entity, any other political subdivision of the state,
1563 or the agency or the office for failure to make coverage
1564 available to eligible persons under this section.
1565 Section 21. Section 1009.675, Florida Statutes, is created
1566 to read:
1567 1009.675 Nursing Education Enhancement Program.—
1568 (1) The Nursing Education Enhancement Program is
1569 established to provide supplemental funding for public nursing
1570 education in the state for the purpose of expanding the
1571 affordability and accessibility of college credit for a nursing
1572 education.
1573 (2) The program shall be funded by moneys designated
1574 pursuant to s. 210.20 and for the purposes provide in this
1575 section, which shall be divided equally between the State
1576 University System and the Community College System.
1577 (3) The funds awarded by the Chancellor of the State
1578 University System or the Chancellor of the Community College
1579 System shall be distributed to support, as appropriate:
1580 (a) Nursing faculty salary enhancements or bonuses;
1581 (b) Patient simulators that may be used for clinical
1582 experience;
1583 (c) Scholarships that may be used by the nursing faculty to
1584 obtain advanced degrees in the nursing field; and
1585 (d) Other nursing-related instructional activities.
1586 (4) The Chancellor of the State University System and the
1587 Chancellor of the Community College System shall submit a
1588 report, which details the initial use of the funds and the
1589 anticipated impact of the program on the state’s nursing
1590 shortage, to the Governor, the President of the Senate, and the
1591 Speaker of the House of Representatives by January 15, 2010.
1592 (5) The State University System and the Community College
1593 System may adopt rules to administer this section.
1594 Section 22. Subsections (1), (4), and (5) of section
1595 1009.68, Florida Statutes, are amended to read:
1596 1009.68 Florida Minority Medical Education Program.—
1597 (1) There is created a Florida Minority Medical Education
1598 Program to be administered by the Department of Education in
1599 accordance with rules established by the State Board of
1600 Education. The program shall provide scholarships to enable
1601 minority students to pursue a medical education at the
1602 University of Florida, the University of South Florida, Florida
1603 State University, the University of Miami, including Florida
1604 Atlantic University, or Southeastern University of the Health
1605 Sciences, the University of Central Florida, or Florida
1606 International University for the purpose of addressing the
1607 primary health care needs of underserved groups.
1608 (4) The number of scholarships annually awarded shall be
1609 equally distributed to the institutions listed in subsection (1)
1610 from moneys allocated pursuant to s. 210.20; however, any unused
1611 scholarships may be redistributed by the department to
1612 institutions having qualified applicants three per school.
1613 Priority in the distribution of scholarships shall be given to
1614 students with the lowest total family resources.
1615 (5) Funds appropriated by the Legislature for the program,
1616 which shall be substantially funded pursuant to s. 210.20, shall
1617 be deposited in the State Student Financial Assistance Trust
1618 Fund. Interest income accruing to the program from funds of the
1619 program in the trust fund not allocated shall increase the funds
1620 available for scholarships. Any balance in the trust fund at the
1621 end of any fiscal year which that has been allocated to the
1622 program shall remain in the trust fund and shall be available
1623 for carrying out the purposes in of this section.
1624 Section 23. Section 1013.83, Florida Statutes, is created
1625 to read:
1626 1013.83 Florida Medical School Facilities Program.—
1627 (1) The Florida Medical School Facilities Program is
1628 established and shall be administered by the Board of Governors.
1629 (2) Funds appropriated for the program shall be used to
1630 construct and equip state medical schools and other related
1631 facilities in the state. The Board of Governors shall solicit
1632 competitive proposals for the use of such funds. Preference
1633 shall be given to proposals from institutions which demonstrate
1634 the greatest need in fulfilling their core medical education
1635 mission, as well as proposals involving collaborative or shared
1636 use facilities.
1637 (3) The program shall be funded with proceeds designated
1638 pursuant to s. 210.20.
1639 (4) This section shall expire June 30, 2017.
1640 (5) The Board of Governors may adopt rules to administer
1641 and implement this section.
1642 Section 24. The additional tax imposed by s. 210.20,
1643 Florida Statutes, applies to existing inventory on the effective
1644 date of this act. On July 1, 2009, each manufacturer,
1645 distributor, wholesaler, and vendor in the state shall take an
1646 inventory of the cigarettes in its possession before opening for
1647 business. The amount of inventory shall be certified to the
1648 Division of Alcoholic Beverages and Tobacco of the Department of
1649 Business and Professional Regulation on or before July 21, 2009,
1650 and shall include documentation accompanied by certified check,
1651 money order, or an electronic funds transfer for the amount of
1652 the additional tax due on the inventory. Chapter 210, Florida
1653 Statutes, relating to penalties and interest for delinquent
1654 payments applies to this section. The proceeds of the additional
1655 tax on the existing inventory shall be deposited into the
1656 Cigarette Tax Collection Trust Fund and shall be distributed in
1657 accordance with the manner prescribed in s. 210.20, Florida
1658 Statutes.
1659 Section 25. By December 1, 2009, and before December 1 of
1660 each year thereafter, the Department of Health shall submit to
1661 the Governor, the President of the Senate, and the Speaker of
1662 the House of Representatives a report containing an estimate of
1663 the financial impact that tobacco use and tobacco-related
1664 illnesses have on the state's economy and its taxpayers for each
1665 of the prior 10 years, as well as an estimate of the value of
1666 cost savings associated with the expenditure of revenues
1667 generated by the cigarette tax imposed pursuant to s. 210.02,
1668 Florida Statutes, during the same period.
1669 Section 26. This act shall take effect July 1, 2009.