HB 1023

1	A bill to be entitled
2	An act relating to prevention of tobacco use; amending s.
3	381.84, F.S.; defining the term "best practices" for
4	purposes of the comprehensive, statewide tobacco education
5	and use prevention program; revising program components
6	and requirements; deleting an obsolete provision; revising
7	membership of the Tobacco Education and Use Prevention
8	Advisory Council; providing applicability of public
9	meetings and state ethics requirements to council
10	meetings; revising council duties and responsibilities;
11	providing for direction by the Department of Health;
12	providing for the department, rather than the State
13	Surgeon General, to award certain contracts and grants for
14	the program; providing for peer review panels; exempting
15	the grant award process from the requirements of ch. 287,
16	F.S., relating to procurement of personal property and
17	services, and s. 120.57(3), F.S., relating to protests
18	over contract solicitations or awards; permitting the
19	department to advance funds for program startup and
20	contracted services under certain conditions; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 381.84, Florida Statutes, is amended to
26	read:
27	381.84  Comprehensive Statewide Tobacco Education and Use
28	Prevention Program.-
29	(1)  DEFINITIONS.-As used in this section and for purposes
30	of the provisions of s. 27, Art. X of the State Constitution,
31	the term:
32	(a)  "AHEC network" means an area health education center
33	network established under s. 381.0402.
34	(b)  "Best practices" means the Best Practices for
35	Comprehensive Tobacco Control Programs as established by the
36	CDC.
37	(c)(b)  "CDC" means the United States Centers for Disease
38	Control and Prevention.
39	(d)(c)  "Council" means the Tobacco Education and Use
40	Prevention Advisory Council.
41	(e)(d)  "Department" means the Department of Health.
42	(f)(e)  "Tobacco" means, without limitation, tobacco itself
43	and tobacco products that include tobacco and are intended or
44	expected for human use or consumption, including, but not
45	limited to, cigarettes, cigars, pipe tobacco, and smokeless
46	tobacco.
47	(g)(f)  "Youth" means minors and young adults.
48	(2)  PURPOSE, FINDINGS, AND INTENT.-It is the purpose of
49	this section to implement s. 27, Art. X of the State
50	Constitution. The Legislature finds that s. 27, Art. X of the
51	State Constitution requires the funding of a statewide tobacco
52	education and use prevention program that focuses on tobacco use
53	by youth. The Legislature further finds that the primary goals
54	of the program are to reduce the prevalence of tobacco use among
55	youth, adults, and pregnant women; reduce per capita tobacco
56	consumption; and reduce exposure to environmental tobacco smoke.
57	Further, it is the intent of the Legislature to base increases
58	in funding for individual components of the program on the
59	results of assessments and evaluations. Recognizing that some
60	components will need to grow faster than inflation, it is the
61	intent of the Legislature to fund portions of the program on a
62	nonrecurring basis in the early years so that those components
63	that are most effective can be supported as the program matures.
64	(3)  PROGRAM COMPONENTS AND REQUIREMENTS.-The department
65	shall conduct a comprehensive, statewide tobacco education and
66	use prevention program consistent with the recommendations for
67	effective program components contained in the 1999 Best
68	Practices for Comprehensive Tobacco Control Programs of the CDC,
69	as amended by the CDC. The program shall include the following
70	components, each of which shall focus on educating people,
71	particularly youth and their parents, about the health hazards
72	of tobacco and discouraging the use of tobacco:
73	(a)  State and community interventions.-State and community
74	interventions shall include, but are not limited to,
75	establishing a statewide tobacco control program that combines
76	and coordinates community-based interventions that focus on
77	preventing the initiation of tobacco use among youth; promoting
78	quitting among youth, adults, and pregnant women; eliminating
79	exposure to secondhand smoke; identifying and eliminating
80	tobacco-related disparities among population groups; and
81	promoting a range of collaborations with public and private
82	entities to prevent and alleviate the effects of chronic
83	diseases linked to tobacco use. Counter-marketing and
84	advertising; cyberspace resource center.-The counter-marketing
85	and advertising campaign shall include, at a minimum, Internet,
86	print, radio, and television advertising and shall be funded
87	with a minimum of one-third of the total annual appropriation
88	required by s. 27, Art. X of the State Constitution. A
89	cyberspace resource center for copyrighted materials and
90	information concerning tobacco education and use prevention,
91	including cessation, shall be maintained by the program. Such
92	resource center must be accessible to the public, including
93	parents, teachers, and students, at each level of public and
94	private schools, universities, and colleges in the state and
95	shall provide links to other relevant resources. The Internet
96	address for the resource center must be incorporated in all
97	advertising. The information maintained in the resource center
98	shall be used by the other components of the program.
99	(b)  Health communication interventions.-Media and health
100	communication intervention efforts shall include, but are not
101	limited to, audience research to define themes and execute
102	messages for influential, high-impact, and specifically targeted
103	campaigns; market research to identify the target market for
104	tobacco control programs and the behavioral theory that best
105	motivates change regarding tobacco use; counter-marketing
106	surveillance; community tie-ins to support and reinforce the
107	statewide campaign; technologies such as viral marketing, social
108	networks, personal web pages, and web logs; traditional media;
109	the evaluation of the process and outcomes of the communication
110	efforts; and the promotion of available services, including the
111	state toll-free tobacco use cessation Quit-For-Life Line.
112	Cessation programs, counseling, and treatment.-This program
113	component shall include two subcomponents:
114	1.  A statewide toll-free cessation service, which may
115	include counseling, referrals to other local resources and
116	support services, and treatment to the extent funds are
117	available for treatment services; and
118	2.  A local community-based program to disseminate
119	information about smoking cessation, how smoking cessation
120	relates to prenatal care and obesity prevention, and other
121	chronic tobacco-related diseases.
122	(c)  Cessation interventions.-Cessation interventions shall
123	include, but are not limited to, sustaining, expanding, and
124	promoting the program's services through population-based
125	counseling and treatment programs; encouraging public and
126	private insurance coverage for counseling and medication
127	treatments for tobacco-use cessation approved by the federal
128	Food and Drug Administration; eliminating financial and other
129	barriers to treatment for underserved populations; and making
130	health care system changes. Cessation interventions shall be
131	designed to prevent the initiation of and encourage the
132	cessation of tobacco use among youth and to encourage a social
133	environment that supports tobacco-free norms. Community-based
134	programs and school-based policies and interventions shall be
135	components of a statewide comprehensive effort to create
136	tobacco-free social norms that includes increasing the unit
137	price of tobacco products, sustaining anti-tobacco media
138	campaigns, making environments tobacco free, and engaging in
139	other related efforts. Surveillance and evaluation.-The program
140	shall conduct ongoing epidemiological surveillance and shall
141	contract for annual independent evaluations of the effectiveness
142	of the various components of the program in meeting the goals as
143	set forth in subsection (2).
144	(d)  Surveillance and evaluation.-The department shall
145	conduct surveillance and evaluation of all program components
146	and shall monitor and document short-term, intermediate, and
147	long-term intervention outcomes to inform program and policy
148	direction and ensure accountability. The surveillance and
149	evaluation shall be conducted using a scientifically sound
150	methodology. Youth school programs.-School and after-school
151	programs shall use current evidence-based curricula and programs
152	that involve youth to educate youth about the health hazards of
153	tobacco, help youth develop skills to refuse tobacco, and
154	demonstrate to youth how to stop using tobacco.
155	(e)  Administration and management.-Administration and
156	management activities shall include, but are not limited to,
157	strategic planning to guide program efforts and resources in
158	order to accomplish program goals; recruiting and developing
159	qualified and diverse technical, program, and administrative
160	staff; awarding and monitoring program contracts and grants to
161	coordinate implementation across program areas; developing and
162	maintaining a fiscal management system to track allocations and
163	the expenditure of funds; increasing capacity at the community
164	level through ongoing training and technical assistance;
165	creating effective communications internally among chronic
166	disease prevention and control programs and local coalitions and
167	partners; and educating the public and decisionmakers on the
168	effects of tobacco and evidence-based effective program and
169	policy interventions. Community programs and chronic disease
170	prevention.-The department shall promote and support local
171	community-based partnerships that emphasize programs involving
172	youth, including programs for the prevention, detection, and
173	early intervention of smoking-related chronic diseases.
174	(f)  Training.-The program shall include the training of
175	health care practitioners, smoking-cessation counselors, and
176	teachers by health professional students and other tobacco-use
177	prevention specialists who are trained in preventing tobacco use
178	and health education. Smoking-cessation counselors shall be
179	trained by specialists who are certified in tobacco-use
180	cessation.
181	(g)  County health departments Administration, statewide
182	programs, and county health departments.-Each county health
183	department is eligible to receive a portion of the annual
184	appropriation, on a per capita basis, for coordinating tobacco
185	education and use prevention programs within that county.
186	Appropriated funds may be used to improve the infrastructure of
187	the county health department to implement the comprehensive,
188	statewide tobacco education and use prevention program. Each
189	county health department shall prominently display in all
190	treatment rooms and waiting rooms, counter-marketing and
191	advertisement materials in the form of wall posters, brochures,
192	television advertising if televisions are used in the lobby or
193	waiting room, and screensavers and Internet advertising if
194	computer kiosks are available for use or viewing by people at
195	the county health department.
196	(h)  Enforcement and awareness of related laws.-In
197	coordination with the Department of Business and Professional
198	Regulation, the program shall monitor the enforcement of laws,
199	rules, and policies prohibiting the sale or other provision of
200	tobacco to minors, as well as the continued enforcement of the
201	Clean Indoor Air Act prescribed in chapter 386. The
202	advertisements produced in accordance with paragraph (b) (a) may
203	also include information designed to make the public aware of
204	these related laws and rules. The departments may enter into
205	interagency agreements to carry out this program component.
206	(i)  AHEC smoking-cessation initiative.-For the 2009-2010
207	fiscal year, the AHEC network shall expand the AHEC smoking-
208	cessation initiative to each county within the state and perform
209	other activities as determined by the department.
210	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
211	MEETINGS.-The Tobacco Education and Use Prevention Advisory
212	Council is created within the department.
213	(a)  The council shall consist of 23 members, including:
214	1.  The State Surgeon General, or his or her designee who
215	is the Deputy Secretary or the Director of the Division of
216	Health Access and Tobacco, who shall serve as the chairperson.
217	2.  One county health department director, appointed by the
218	State Surgeon General.
219	3.  Two members appointed by the Commissioner of Education,
220	of whom one must be a school district superintendent.
221	4.  The chief executive officer of the Florida Division of
222	the American Cancer Society, or his or her designee.
223	5.  The chief executive officer of the Greater Southeast
224	Affiliate of the American Heart Association, or his or her
225	designee.
226	6.  The chief executive officer of the American Lung
227	Association of Florida, or his or her designee.
228	7.  The dean of the University of Miami School of Medicine,
229	or his or her designee.
230	8.  The dean of the University of Florida College of
231	Medicine, or his or her designee.
232	9.  The dean of the University of South Florida College of
233	Medicine, or his or her designee.
234	10.  The dean of the Florida State University College of
235	Medicine, or his or her designee.
236	11.  The dean of Nova Southeastern College of Osteopathic
237	Medicine, or his or her designee.
238	12.  The dean of the Lake Erie College of Osteopathic
239	Medicine in Bradenton, Florida, or his or her designee.
240	13.  The chief executive officer of the Campaign for
241	Tobacco Free Kids, or his or her designee.
242	14.  The chief executive officer of the Legacy Foundation,
243	or his or her designee.
244	15.  Four members appointed by the Governor, of whom two
245	must have expertise in the field of tobacco-use prevention and
246	education or smoking cessation and one individual who shall be
247	between the ages of 16 and 21 at the time of his or her
248	appointment.
249	16.  Two members appointed by the President of the Senate,
250	of whom one must have expertise in the field of tobacco-use
251	prevention and education or smoking cessation.
252	17.  Two members appointed by the Speaker of the House of
253	Representatives, of whom one must have expertise in the field of
254	tobacco-use prevention and education or smoking cessation.
255	(b)  The appointments shall be for 3-year terms and shall
256	reflect the diversity of the state's population. A vacancy shall
257	be filled by appointment by the original appointing authority
258	for the unexpired portion of the term.
259	(c)  An appointed member may not serve more than two
260	consecutive terms.
261	(d)  The council shall meet at least quarterly and upon the
262	call of the chairperson. Meetings may be held via teleconference
263	or other electronic means.
264	(e)  Members of the council shall serve without
265	compensation, but are entitled to reimbursement for per diem and
266	travel expenses pursuant to s. 112.061. Members who are state
267	officers or employees or who are appointed by state officers or
268	employees shall be reimbursed for per diem and travel expenses
269	pursuant to s. 112.061 from the state agency through which they
270	serve.
271	(f)  The council shall adhere to all state ethics laws.
272	Meetings of the council are subject to chapter 119, s. 286.011,
273	and s. 24, Art. I of the State Constitution. The department
274	shall provide council members with information and other
275	assistance as is reasonably necessary to assist the council in
276	carrying out its responsibilities.
277	(5)  COUNCIL DUTIES AND RESPONSIBILITIES.-The council shall
278	advise the State Surgeon General as to the direction and scope
279	of the Comprehensive Statewide Tobacco Education and Use
280	Prevention Program. The responsibilities of the council may
281	include, but are not limited to:
282	(a)  Providing advice on program priorities and emphases.
283	(b)  Providing advice on the overall program budget.
284	(c)  Providing advice on copyrighted material, trademark,
285	and future transactions as they pertain to the tobacco education
286	and use prevention program.
287	(d)  Reviewing broadcast material prepared for the
288	Internet, portable media players, radio, and television
289	advertisements, as requested by the department as it relates to
290	the advertising component of the tobacco education and use
291	prevention program.
292	(e)  Participating in periodic program evaluation, as
293	requested by the department.
294	(f)  Assisting the department in developing the development
295	of guidelines to ensure fairness, neutrality, and adherence to
296	the principles of merit and quality in the conduct of the
297	program.
298	(g)  Assisting the department in developing the development
299	of administrative procedures relating to solicitation, review,
300	and award of contracts and grants in order to ensure an
301	impartial, high-quality peer review system.
302	(h)  Assisting the department in developing panels to
303	review and evaluate potential fund recipients the development
304	and supervision of peer review panels.
305	(i)  Assisting the department in reviewing reports of peer
306	review panels and making recommendations for funding allocations
307	contracts and grants.
308	(j)  Reviewing the activities and evaluating the
309	performance of the AHEC network to avoid duplicative efforts
310	using state funds.
311	(j)(k)  Recommending specific measureable outcomes
312	meaningful outcome measures through a regular review of
313	evidence-based and promising tobacco-use prevention and
314	education strategies and programs of other states and the
315	Federal Government.
316	(k)(l)  Recommending policies to encourage a coordinated
317	response to tobacco use in this state, focusing specifically on
318	creating partnerships within and between the public and private
319	sectors.
320	(6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
321	program components or subcomponents described in paragraphs
322	(3)(a), (b), (c), (d), and (f) (3)(a)-(f) shall be awarded by
323	the department State Surgeon General, after consultation with
324	the council, on the basis of merit, as determined by an open,
325	competitive, peer-reviewed process that ensures objectivity,
326	consistency, and high quality. The department shall award such
327	grants or contracts no later than October 1 for each fiscal
328	year. A recipient of a contract or grant for the program
329	component described in paragraph (3)(d)(c) is not eligible for a
330	contract or grant award for any other program component
331	described in subsection (3) in the same contract term state
332	fiscal year. A school or college of medicine that is represented
333	on the council is not eligible to receive a contract or grant
334	under this section. For the 2009-2010 fiscal year only, The
335	department shall award a contract or grant in the amount of $11
336	$10 million to the AHEC network for the purpose of developing
337	the components described in paragraph (3)(i). If the
338	uses a competitive procedure to procure vendors, it shall use
339	the process outlined in chapter 287. If the department uses a
340	competitive procedure to select grantees, it shall use the
341	process outlined in this subsection. The AHEC network may apply
342	for a competitive contract or grant after the 2009-2010 fiscal
343	year.
344	(a)  In order to ensure that all proposals for funding are
345	appropriate and are evaluated fairly on the basis of merit, the
346	department State Surgeon General, in consultation with the
347	council, shall use appoint a peer review system involving panels
348	panel of independent, qualified experts in the field of tobacco
349	control to review the content of each proposal and establish its
350	priority score. The priority scores shall be forwarded to the
351	council and must be considered in determining which proposals
352	will be recommended for funding.
353	(b)  The department may contract with an appropriate entity
354	to administer the peer review system for grant management
355	pursuant to chapter 287. The peer review system shall be
356	operated in such a manner to ensure that only the most qualified
357	experts in the field of tobacco control are chosen to act as
358	reviewers of grant proposals. To ensure fairness and
359	impartiality, the system shall be designed to protect the
360	anonymity of proposers during the review.
361	(c)(b)  The council and the peer review panels panel shall
362	establish and follow rigorous guidelines for ethical conduct and
363	adhere to a strict policy with regard to conflicts of interest.
364	Council members are subject to the applicable provisions of
365	chapter 112. A member of the council or panel may not
366	participate in any discussion or decision with respect to a
367	research proposal by any firm, entity, or agency with which the
368	member is associated as a member of the governing body or as an
369	employee or with which the member has entered into a contractual
370	arrangement. Meetings of the council and the peer review panels
371	are subject to chapter 119, s. 286.011, and s. 24, Art. I of the
372	State Constitution.
373	(d)  Grants awarded under this subsection are funds
374	intended to benefit the people of the state and are not
375	considered to be purchases of commodities or services for
376	purposes of chapter 287. Accordingly, the grant award process is
377	not subject to protest pursuant to s. 120.57(3).
378	(e)  The department's distribution of grant awards is not
379	subject to the requirements of chapter 120.
380	(f)(c)  In each contract or grant agreement, the department
381	shall limit the use of food and promotional items to no more
382	than 2.5 percent of the total amount of the contract or grant
383	and limit overhead or indirect costs to no more than 7.5 percent
384	of the total amount of the contract or grant. The department, in
385	consultation with the Department of Financial Services, shall
386	publish guidelines for appropriate food and promotional items.
387	(g)(d)  In each advertising contract, the department shall
388	limit the total of production fees, buyer commissions, and
389	related costs to no more than 10 percent of the total contract
390	amount.
391	(h)(e)  Notwithstanding the competitive process for
392	contracts prescribed in this subsection, each county health
393	department is eligible for core funding, on a per capita basis,
394	to implement tobacco education and use prevention activities
395	within that county.
396	(7)  ANNUAL REPORT REQUIRED.-By January 31 of each year,
397	the department shall provide to the Governor, the President of
398	the Senate, and the Speaker of the House of Representatives a
399	report that evaluates the program's effectiveness in reducing
400	and preventing tobacco use and that recommends improvements to
401	enhance the program's effectiveness. The report must contain, at
402	a minimum, an annual survey of youth attitudes and behavior
403	toward tobacco, as well as a description of the progress in
404	reducing the prevalence of tobacco use among youth, adults, and
405	pregnant women; reducing per capita tobacco consumption; and
406	reducing exposure to environmental tobacco smoke.
407	(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.-From the total
408	funds appropriated for the Comprehensive Statewide Tobacco
409	Education and Use Prevention Program in the General
410	Appropriations Act, an amount of up to 5 percent may be used by
411	the department for administrative expenses.
412	(9)  ADVANCES.-For any contracts or grants awarded under
413	this section, the department may make advances for program
414	startup or advances for contracted services, in total or
415	periodically, to other governmental entities and not-for-profit
416	corporations. The amount that may be advanced shall not exceed
417	the expected cash needs of the contractor or recipient within
418	the initial 3 months. Any agreement that provides for advances
419	may contain a clause that permits the contractor or recipient to
420	temporarily invest the proceeds, provided that any interest
421	income shall either be returned to the agency or be applied
422	against the agency's obligation to pay the contract or grant
423	amount. RULEMAKING AUTHORIZED.-By January 1, 2008, the
424	department shall adopt rules pursuant to ss. 120.536(1) and
425	120.54 to administer this section.
426	Section 2.  This act shall take effect July 1, 2010.

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