HB 5309

1	A bill to be entitled
2	An act relating to the Comprehensive Statewide Tobacco
3	Education and Use Prevention Program; amending s. 381.84,
4	F.S.; providing for the counter-marketing and advertising
5	campaign to include innovative communication strategies;
6	revising terminology; providing requirements for
7	administration and management of the program by the
8	Department of Health; deleting county health department
9	funding eligibility; specifying purpose of funds
10	distributed under the program; revising the area health
11	education center network program component functions and
12	requirements; authorizing community mental health
13	providers under contract with the Department of Children
14	and Family Services to receive a share of the annual
15	appropriation for specified purposes, subject to a
16	specific appropriation in the General Appropriations Act;
17	requiring the Department of Health to submit a proposal to
18	the Governor and Legislature for developing a pilot
19	program by a specified date; specifying elements of the
20	proposal; deleting obsolete language; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsection (3), paragraph (a) of subsection
26	(4), and subsections (6), (7), and (9) of section 381.84,
27	Florida Statutes, are amended to read:
28	381.84  Comprehensive Statewide Tobacco Education and Use
29	Prevention Program.-
30	(3)  PROGRAM COMPONENTS AND REQUIREMENTS.-The department
31	shall conduct a comprehensive, statewide tobacco education and
32	use prevention program consistent with the recommendations for
33	effective program components contained in the 1999 Best
34	Practices for Comprehensive Tobacco Control Programs of the CDC,
35	as amended by the CDC. The program shall include the following
36	components, each of which shall focus on educating people,
37	particularly youth and their parents, about the health hazards
38	of tobacco and discouraging the use of tobacco:
39	(a)  Counter-marketing and advertising; Internet cyberspace
40	resource center.-The counter-marketing and advertising campaign
41	shall include, at a minimum, Internet, print, radio, and
42	television advertising and shall be funded with a minimum of
43	one-third of the total annual appropriation required by s. 27,
44	Art. X of the State Constitution.
45	1.  The campaign shall include an Internet A cyberspace
46	resource center for copyrighted materials and information
47	concerning tobacco education and use prevention, including
48	cessation, shall be maintained by the program. The Internet Such
49	resource center must be accessible to the public, including
50	parents, teachers, and students, at each level of public and
51	private schools, universities, and colleges in the state and
52	shall provide links to other relevant resources. The Internet
53	address for the resource center must be incorporated in all
54	advertising. The information maintained in the resource center
55	shall be used by the other components of the program.
56	2.  The campaign shall use innovative communication
57	strategies, such as targeting specific audiences who use
58	personal communication devices and frequent social networking
59	websites.
60	(b)  Cessation programs, counseling, and treatment.-This
61	program component shall include two subcomponents:
62	1.  A statewide toll-free cessation service, which may
63	include counseling, referrals to other local resources and
64	support services, and treatment to the extent funds are
65	available for treatment services; and
66	2.  A local community-based program to disseminate
67	information about tobacco-use smoking cessation, how tobacco-use
68	smoking cessation relates to prenatal care and obesity
69	prevention, and other chronic tobacco-related diseases.
70	(c)  Surveillance and evaluation.-The program shall conduct
71	ongoing epidemiological surveillance and shall contract for
72	annual independent evaluations of the effectiveness of the
73	various components of the program in meeting the goals as set
74	forth in subsection (2).
75	(d)  Youth school programs.-School and after-school
76	programs shall use current evidence-based curricula and programs
77	that involve youth to educate youth about the health hazards of
78	tobacco, help youth develop skills to refuse tobacco, and
79	demonstrate to youth how to stop using tobacco.
80	(e)  Community programs and chronic disease prevention.-The
81	department shall promote and support local community-based
82	partnerships that emphasize programs involving youth, including
83	programs for the prevention, detection, and early intervention
84	of tobacco-related smoking-related chronic diseases.
85	(f)  Training.-The program shall include the training of
86	health care practitioners, tobacco-use cessation smoking-
87	cessation counselors, and teachers by health professional
88	students and other tobacco-use prevention specialists who are
89	trained in preventing tobacco use and health education. Tobacco-
90	use cessation Smoking-cessation counselors shall be trained by
91	specialists who are certified in tobacco-use cessation.
92	(g)  Administration and management, statewide programs, and
93	county health departments.-The department shall administer the
94	program within the expenditure limit established in subsection
95	(8). As part of this component, the department shall coordinate
96	the activities of state and community-based tobacco control
97	organizations. In addition, Each county health department is
98	eligible to receive a portion of the annual appropriation, on a
99	per capita basis, for coordinating tobacco education and use
100	prevention programs within that county. Appropriated funds may
101	be used to improve the infrastructure of the county health
102	department to implement the comprehensive, statewide tobacco
103	education and use prevention program. each county health
104	department shall prominently display in all treatment rooms and
105	waiting rooms, counter-marketing and advertisement materials in
106	the form of wall posters, brochures, television advertising if
107	televisions are used in the lobby or waiting room, and
108	screensavers and Internet advertising if computer kiosks are
109	available for use or viewing by people at the county health
110	department.
111	(h)  Enforcement and awareness of related laws.-In
112	coordination with the Department of Business and Professional
113	Regulation, the program shall monitor the enforcement of laws,
114	rules, and policies prohibiting the sale or other provision of
115	tobacco to minors, as well as the continued enforcement of the
116	Clean Indoor Air Act prescribed in chapter 386. The
117	advertisements produced in accordance with paragraph (a) may
118	also include information designed to make the public aware of
119	these related laws and rules. The departments may enter into
120	interagency agreements to carry out this program component.
121	(i)  AHEC tobacco-use cessation smoking-cessation
122	initiative.-For the 2009-2010 fiscal year, The AHEC network may
123	administer shall expand the AHEC tobacco-use cessation smoking-
124	cessation initiative in to each county within the state and
125	perform other activities as determined by the department.
126	(j)  Community-based organizations providing services to
127	specific populations.-Subject to a specific appropriation in the
128	General Appropriations Act, and in order to reach, involve, and
129	mobilize tobacco-users with mental illness, community mental
130	health providers under contract with the Department of Children
131	and Family Services pursuant to s. 394.74 are eligible to
132	receive a portion of the annual appropriation to provide
133	intervention services and tobacco-use cessation treatments for
134	persons with mental illness.
135	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
136	MEETINGS.-The Tobacco Education and Use Prevention Advisory
137	Council is created within the department.
138	(a)  The council shall consist of 23 members, including:
139	1.  The State Surgeon General, who shall serve as the
140	chairperson.
141	2.  One county health department director, appointed by the
142	State Surgeon General.
143	3.  Two members appointed by the Commissioner of Education,
144	of whom one must be a school district superintendent.
145	4.  The chief executive officer of the Florida Division of
146	the American Cancer Society, or his or her designee.
147	5.  The chief executive officer of the Greater Southeast
148	Affiliate of the American Heart Association, or his or her
149	designee.
150	6.  The chief executive officer of the American Lung
151	Association of Florida, or his or her designee.
152	7.  The dean of the University of Miami School of Medicine,
153	or his or her designee.
154	8.  The dean of the University of Florida College of
155	Medicine, or his or her designee.
156	9.  The dean of the University of South Florida College of
157	Medicine, or his or her designee.
158	10.  The dean of the Florida State University College of
159	Medicine, or his or her designee.
160	11.  The dean of Nova Southeastern College of Osteopathic
161	Medicine, or his or her designee.
162	12.  The dean of the Lake Erie College of Osteopathic
163	Medicine in Bradenton, Florida, or his or her designee.
164	13.  The chief executive officer of the Campaign for
165	Tobacco Free Kids, or his or her designee.
166	14.  The chief executive officer of the Legacy Foundation,
167	or his or her designee.
168	15.  Four members appointed by the Governor, of whom two
169	must have expertise in the field of tobacco-use prevention and
170	education or tobacco-use smoking cessation and one individual
171	who shall be between the ages of 16 and 21 at the time of his or
172	her appointment.
173	16.  Two members appointed by the President of the Senate,
174	of whom one must have expertise in the field of tobacco-use
175	prevention and education or tobacco-use smoking cessation.
176	17.  Two members appointed by the Speaker of the House of
177	Representatives, of whom one must have expertise in the field of
178	tobacco-use prevention and education or tobacco-use smoking
179	cessation.
180	(6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
181	program components or subcomponents described in paragraphs
182	(3)(a)-(f) shall be awarded by the State Surgeon General, after
183	consultation with the council, on the basis of merit, as
184	determined by an open, competitive, peer-reviewed process that
185	ensures objectivity, consistency, and high quality. The
186	department shall award such grants or contracts no later than
187	October 1 for each fiscal year. A recipient of a contract or
188	grant for the program component described in paragraph (3)(c) is
189	not eligible for a contract or grant award for any other program
190	component described in subsection (3) in the same state fiscal
191	year. A school or college of medicine that is represented on the
192	council is not eligible to receive a contract or grant under
193	this section. For the 2009-2010 fiscal year only, the department
194	shall award a contract or grant in the amount of $10 million to
195	the AHEC network for the purpose of developing the components
196	described in paragraph (3)(i). The AHEC network may apply for a
197	competitive contract or grant after the 2009-2010 fiscal year.
198	(a)  In order to ensure that all proposals for funding are
199	appropriate and are evaluated fairly on the basis of merit, the
200	State Surgeon General, in consultation with the council, shall
201	appoint a peer review panel of independent, qualified experts in
202	the field of tobacco control to review the content of each
203	proposal and establish its priority score. The priority scores
204	shall be forwarded to the council and must be considered in
205	determining which proposals will be recommended for funding.
206	(b)  The council and the peer review panel shall establish
207	and follow rigorous guidelines for ethical conduct and adhere to
208	a strict policy with regard to conflicts of interest. A member
209	of the council or panel may not participate in any discussion or
210	decision with respect to a research proposal by any firm,
211	entity, or agency with which the member is associated as a
212	member of the governing body or as an employee or with which the
213	member has entered into a contractual arrangement. Meetings of
214	the council and the peer review panels are subject to chapter
215	119, s. 286.011, and s. 24, Art. I of the State Constitution.
216	(e)  Notwithstanding the competitive process for contracts
217	prescribed in this subsection, each county health department is
218	eligible for core funding, on a per capita basis, to implement
219	tobacco education and use prevention activities within that
220	county.
221	(c)(d)  In each advertising contract, the department shall
222	limit the total of production fees, buyer commissions, and
223	related costs to no more than 10 percent of the total contract
224	amount.
225	(d)(e)  Notwithstanding the competitive process for
226	contracts prescribed in this subsection, each county health
227	department is eligible for core funding, on a per capita basis,
228	to implement tobacco education and use prevention activities
229	within that county.
230	(7)  ANNUAL REPORT REQUIRED.-
231	(a)  By January 31 of each year, the department shall
232	provide to the Governor, the President of the Senate, and the
233	Speaker of the House of Representatives a report that evaluates
234	the program's effectiveness in reducing and preventing tobacco
235	use and that recommends improvements to enhance the program's
236	effectiveness. The report must contain, at a minimum, an annual
237	survey of youth attitudes and behavior toward tobacco, as well
238	as a description of the progress in reducing the prevalence of
239	tobacco use among youth, adults, and pregnant women; reducing
240	per capita tobacco consumption; and reducing exposure to
241	environmental tobacco smoke.
242	(b)  By December 1, 2010, the department shall submit to
243	the Governor, the President of the Senate, the Speaker of the
244	House of Representatives, and the appropriate substantive
245	committees of the Legislature a written proposal for
246	implementing an incentive-based pilot program using commitment
247	contracts for tobacco-users. The proposal shall include a
248	recommended amount and source of funding for the pilot program,
249	as well as recommendations related to:
250	1.  The location of the pilot program.
251	2.  The type of commitment contract to be used.
252	3.  Proposed terms for the commitment contract, including
253	any additional incentives that could be provided by the state
254	and penalties or consequences for failure to abstain from using
255	tobacco by program participants.
256	4.  The method for testing for tobacco abstention by
257	program participants.
258	5.  The locations of testing site centers, which may
259	include area health education centers, county health
260	departments, and federally qualified health centers.
261	(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.-From the total
262	funds appropriated for the Comprehensive Statewide Tobacco
263	Education and Use Prevention Program in the General
264	Appropriations Act, an amount of up to 5 percent may be used by
265	the department for administrative expenses.
266	(9)  RULEMAKING AUTHORIZED.-By January 1, 2008, The
267	department shall adopt rules pursuant to ss. 120.536(1) and
268	120.54 to administer this section.
269	Section 2.  This act shall take effect July 1, 2010.

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