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; specifying purpose of certain funds
9	distributed under the program; revising the area health
10	education center network program component functions and
11	requirements; deleting obsolete language; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (3), paragraph (a) of subsection
17	(4), and subsections (6) and (9) of section 381.84, Florida
18	Statutes, are amended to read:
19	381.84  Comprehensive Statewide Tobacco Education and Use
20	Prevention Program.-
21	(3)  PROGRAM COMPONENTS AND REQUIREMENTS.-The department
22	shall conduct a comprehensive, statewide tobacco education and
23	use prevention program consistent with the recommendations for
24	effective program components contained in the 1999 Best
25	Practices for Comprehensive Tobacco Control Programs of the CDC,
26	as amended by the CDC. The program shall include the following
27	components, each of which shall focus on educating people,
28	particularly youth and their parents, about the health hazards
29	of tobacco and discouraging the use of tobacco:
30	(a)  Counter-marketing and advertising; Internet cyberspace
31	resource center.-The counter-marketing and advertising campaign
32	shall include, at a minimum, Internet, print, radio, and
33	television advertising and shall be funded with a minimum of
34	one-third of the total annual appropriation required by s. 27,
35	Art. X of the State Constitution.
36	1.  The campaign shall include an Internet A cyberspace
37	resource center for copyrighted materials and information
38	concerning tobacco education and use prevention, including
39	cessation, shall be maintained by the program. The Internet Such
40	resource center must be accessible to the public, including
41	parents, teachers, and students, at each level of public and
42	private schools, universities, and colleges in the state and
43	shall provide links to other relevant resources. The Internet
44	address for the resource center must be incorporated in all
45	advertising. The information maintained in the resource center
46	shall be used by the other components of the program.
47	2.  The campaign shall use innovative communication
48	strategies, such as targeting specific audiences who use
49	personal communication devices and frequent social networking
50	websites.
51	(b)  Cessation programs, counseling, and treatment.-This
52	program component shall include two subcomponents:
53	1.  A statewide toll-free cessation service, which may
54	include counseling, referrals to other local resources and
55	support services, and treatment to the extent funds are
56	available for treatment services; and
57	2.  A local community-based program to disseminate
58	information about tobacco-use smoking cessation, how tobacco-use
59	smoking cessation relates to prenatal care and obesity
60	prevention, and other chronic tobacco-related diseases.
61	(c)  Surveillance and evaluation.-The program shall conduct
62	ongoing epidemiological surveillance and shall contract for
63	annual independent evaluations of the effectiveness of the
64	various components of the program in meeting the goals as set
65	forth in subsection (2).
66	(d)  Youth school programs.-School and after-school
67	programs shall use current evidence-based curricula and programs
68	that involve youth to educate youth about the health hazards of
69	tobacco, help youth develop skills to refuse tobacco, and
70	demonstrate to youth how to stop using tobacco.
71	(e)  Community programs and chronic disease prevention.-The
72	department shall promote and support local community-based
73	partnerships that emphasize programs involving youth, including
74	programs for the prevention, detection, and early intervention
75	of tobacco-related smoking-related chronic diseases.
76	(f)  Training.-The program shall include the training of
77	health care practitioners, tobacco-use cessation smoking-
78	cessation counselors, and teachers by health professional
79	students and other tobacco-use prevention specialists who are
80	trained in preventing tobacco use and health education. Tobacco-
81	use cessation Smoking-cessation counselors shall be trained by
82	specialists who are certified in tobacco-use cessation.
83	(g)  Administration and management, statewide programs, and
84	county health departments.-The department shall administer the
85	program within the expenditure limit established in subsection
86	(8). Each county health department is eligible to receive a
87	portion of the annual appropriation, on a per capita basis, for
88	coordinating tobacco education and use prevention programs
89	within that county. Appropriated funds may be used to improve
90	the infrastructure of the county health department to implement
91	the comprehensive, statewide tobacco education and use
92	prevention program. Each county health department shall
93	prominently display in all treatment rooms and waiting rooms,
94	counter-marketing and advertisement materials in the form of
95	wall posters, brochures, television advertising if televisions
96	are used in the lobby or waiting room, and screensavers and
97	Internet advertising if computer kiosks are available for use or
98	viewing by people at the county health department.
99	(h)  Enforcement and awareness of related laws.-In
100	coordination with the Department of Business and Professional
101	Regulation, the program shall monitor the enforcement of laws,
102	rules, and policies prohibiting the sale or other provision of
103	tobacco to minors, as well as the continued enforcement of the
104	Clean Indoor Air Act prescribed in chapter 386. The
105	advertisements produced in accordance with paragraph (a) may
106	also include information designed to make the public aware of
107	these related laws and rules. The departments may enter into
108	interagency agreements to carry out this program component.
109	(i)  AHEC tobacco-use cessation smoking-cessation
110	initiative.-For the 2009-2010 fiscal year, The AHEC network may
111	administer shall expand the AHEC tobacco-use cessation smoking-
112	cessation initiative in to each county within the state and
113	perform other activities as determined by the department.
114	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
115	MEETINGS.-The Tobacco Education and Use Prevention Advisory
116	Council is created within the department.
117	(a)  The council shall consist of 23 members, including:
118	1.  The State Surgeon General, who shall serve as the
119	chairperson.
120	2.  One county health department director, appointed by the
121	State Surgeon General.
122	3.  Two members appointed by the Commissioner of Education,
123	of whom one must be a school district superintendent.
124	4.  The chief executive officer of the Florida Division of
125	the American Cancer Society, or his or her designee.
126	5.  The chief executive officer of the Greater Southeast
127	Affiliate of the American Heart Association, or his or her
128	designee.
129	6.  The chief executive officer of the American Lung
130	Association of Florida, or his or her designee.
131	7.  The dean of the University of Miami School of Medicine,
132	or his or her designee.
133	8.  The dean of the University of Florida College of
134	Medicine, or his or her designee.
135	9.  The dean of the University of South Florida College of
136	Medicine, or his or her designee.
137	10.  The dean of the Florida State University College of
138	Medicine, or his or her designee.
139	11.  The dean of Nova Southeastern College of Osteopathic
140	Medicine, or his or her designee.
141	12.  The dean of the Lake Erie College of Osteopathic
142	Medicine in Bradenton, Florida, or his or her designee.
143	13.  The chief executive officer of the Campaign for
144	Tobacco Free Kids, or his or her designee.
145	14.  The chief executive officer of the Legacy Foundation,
146	or his or her designee.
147	15.  Four members appointed by the Governor, of whom two
148	must have expertise in the field of tobacco-use prevention and
149	education or tobacco-use smoking cessation and one individual
150	who shall be between the ages of 16 and 21 at the time of his or
151	her appointment.
152	16.  Two members appointed by the President of the Senate,
153	of whom one must have expertise in the field of tobacco-use
154	prevention and education or tobacco-use smoking cessation.
155	17.  Two members appointed by the Speaker of the House of
156	Representatives, of whom one must have expertise in the field of
157	tobacco-use prevention and education or tobacco-use smoking
158	cessation.
159	(6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
160	program components or subcomponents described in paragraphs
161	(3)(a)-(f) shall be awarded by the State Surgeon General, after
162	consultation with the council, on the basis of merit, as
163	determined by an open, competitive, peer-reviewed process that
164	ensures objectivity, consistency, and high quality. The
165	department shall award such grants or contracts no later than
166	October 1 for each fiscal year. A recipient of a contract or
167	grant for the program component described in paragraph (3)(c) is
168	not eligible for a contract or grant award for any other program
169	component described in subsection (3) in the same state fiscal
170	year. A school or college of medicine that is represented on the
171	council is not eligible to receive a contract or grant under
172	this section. For the 2009-2010 fiscal year only, The department
173	shall award a contract or grant in the amount of $10 million to
174	the AHEC network for the purpose of developing the components
175	described in paragraph (3)(i). The AHEC network may apply for a
176	competitive contracts or grants contract or grant after the
177	2009-2010 fiscal year.
178	(a)  In order to ensure that all proposals for funding are
179	appropriate and are evaluated fairly on the basis of merit, the
180	State Surgeon General, in consultation with the council, shall
181	appoint a peer review panel of independent, qualified experts in
182	the field of tobacco control to review the content of each
183	proposal and establish its priority score. The priority scores
184	shall be forwarded to the council and must be considered in
185	determining which proposals will be recommended for funding.
186	(b)  The council and the peer review panel shall establish
187	and follow rigorous guidelines for ethical conduct and adhere to
188	a strict policy with regard to conflicts of interest. A member
189	of the council or panel may not participate in any discussion or
190	decision with respect to a research proposal by any firm,
191	entity, or agency with which the member is associated as a
192	member of the governing body or as an employee or with which the
193	member has entered into a contractual arrangement. Meetings of
194	the council and the peer review panels are subject to chapter
195	119, s. 286.011, and s. 24, Art. I of the State Constitution.
196	(c)  In each contract or grant agreement, the department
197	shall limit the use of food and promotional items to no more
198	than 2.5 percent of the total amount of the contract or grant
199	and limit overhead or indirect costs to no more than 7.5 percent
200	of the total amount of the contract or grant. The department, in
201	consultation with the Department of Financial Services, shall
202	publish guidelines for appropriate food and promotional items.
203	(d)  In each advertising contract, the department shall
204	limit the total of production fees, buyer commissions, and
205	related costs to no more than 10 percent of the total contract
206	amount.
207	(e)  Notwithstanding the competitive process for contracts
208	prescribed in this subsection, each county health department is
209	eligible for core funding, on a per capita basis, to implement
210	tobacco education and use prevention activities within that
211	county.
212	(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.-From the total
213	funds appropriated for the Comprehensive Statewide Tobacco
214	Education and Use Prevention Program in the General
215	Appropriations Act, an amount of up to 5 percent may be used by
216	the department for administrative expenses.
217	(9)  RULEMAKING AUTHORIZED.-By January 1, 2008, The
218	department shall adopt rules pursuant to ss. 120.536(1) and
219	120.54 to administer this section.
220	Section 2.  This act shall take effect July 1, 2010.

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