HB 7183

1	A bill to be entitled
2	An act relating to the reorganization of the Department of
3	Health; amending s. 20.43, F.S.; revising the mission and
4	responsibilities of the department; providing duties of
5	the State Surgeon General to with respect to management of
6	the department; abolishing specified divisions of the
7	department effective July 1, 2011, unless reviewed and
8	reenacted by the Legislature; authorizing the department
9	to establish multicounty service areas for county health
10	departments; requiring the department to submit a
11	reorganization plan to the Legislature by a specified
12	date; prohibiting the department from establishing new
13	programs or modifying current programs without legislative
14	approval; amending s. 381.0011, F.S.; revising duties and
15	powers of the department; requiring the department to
16	manage emergency preparedness and disaster response
17	functions; authorizing the department to issue health
18	alerts or advisories under certain conditions; revising
19	rulemaking authority of the department; amending s.
20	381.006, F.S.; revising the definition of the term "group
21	care facilities"; amending s. 381.0072, F.S.; revising the
22	definition of the term "food service establishment";
23	authorizing the department to advise and consult with
24	other agencies relating to the provision of food services;
25	revising entities that are exempt from rules relating to
26	standards for food service establishment manager
27	certification; amending s. 381.0101, F.S.; revising the
28	definition of the term "primary environmental health
29	program"; repealing s. 381.001, F.S., relating to
30	legislative intent with respect to the state's public
31	health system; repealing s. 381.04015, F.S., relating to
32	the Women's Health Strategy; repealing s. 401.243, F.S.,
33	relating to the department's injury prevention program;
34	repealing s. 411.23, 411.231, and 411.232, F.S., relating
35	to the Children's Early Investment Act; amending ss.
36	411.01 and 411.224, F.S.; conforming cross-references;
37	amending s. 509.013, F.S.; revising the definitions of the
38	terms "public lodging establishment" and "public food
39	service establishment"; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Section 20.43, Florida Statutes, is amended to
44	read:
45	20.43  Department of Health.-There is created a Department
46	of Health.
47	(1)(a)  The purpose of the Department of Health is
48	responsible for to promote and protect the health of all
49	residents and visitors in the state through organized state and
50	community efforts, including cooperative agreements with
51	counties. The department shall:
52	1.(a)  Identifying, diagnosing, investigating, and
53	conducting surveillance of communicable diseases in the state
54	Prevent to the fullest extent possible, the occurrence and
55	progression of communicable and noncommunicable diseases and
56	disabilities.
57	2.(b)  Implementing interventions that prevent or limit the
58	impact and spread of disease in the state Maintain a constant
59	surveillance of disease occurrence and accumulate health
60	statistics necessary to establish disease trends and to design
61	health programs.
62	3.(c)  Maintaining and coordinating preparedness for and
63	responses to public health emergencies in the state Conduct
64	special studies of the causes of diseases and formulate
65	preventive strategies.
66	4.(d)  Regulating environmental activities that have a
67	direct impact on public health in the state Promote the
68	maintenance and improvement of the environment as it affects
69	public health.
70	5.(e)  Administering and providing health and related
71	services for targeted populations in the state Promote the
72	maintenance and improvement of health in the residents of the
73	state.
74	6.(f)  Collecting, managing, and analyzing vital statistics
75	data in the state Provide leadership, in cooperation with the
76	public and private sectors, in establishing statewide and
77	community public health delivery systems.
78	(g)  Provide health care and early intervention services to
79	infants, toddlers, children, adolescents, and high-risk
80	perinatal patients who are at risk for disabling conditions or
81	have chronic illnesses.
82	(h)  Provide services to abused and neglected children
83	through child protection teams and sexual abuse treatment
84	programs.
85	(i)  Develop working associations with all agencies and
86	organizations involved and interested in health and health care
87	delivery.
88	(j)  Analyze trends in the evolution of health systems, and
89	identify and promote the use of innovative, cost-effective
90	health delivery systems.
91	(k)  Serve as the statewide repository of all aggregate
92	data accumulated by state agencies related to health care;
93	analyze that data and issue periodic reports and policy
94	statements, as appropriate; require that all aggregated data be
95	kept in a manner that promotes easy utilization by the public,
96	state agencies, and all other interested parties; provide
97	technical assistance as required; and work cooperatively with
98	the state's higher education programs to promote further study
99	and analysis of health care systems and health care outcomes.
100	(l)  Include in the department's strategic plan developed
101	under s. 186.021 an assessment of current health programs,
102	systems, and costs; projections of future problems and
103	opportunities; and recommended changes that are needed in the
104	health care system to improve the public health.
105	7.(m)  Regulating Regulate health practitioners, to the
106	extent authorized by the Legislature, as necessary for the
107	preservation of the health, safety, and welfare of the public.
108	(b)  By November 1, 2010, the department shall submit a
109	proposal to the President of the Senate, the Speaker of the
110	House of Representatives, and the appropriate substantive
111	legislative committees for a new department structure based upon
112	the responsibilities delegated under paragraph (a). The proposal
113	shall include reductions in the number of departmental bureaus
114	and divisions and limits on the number of executive positions in
115	a manner that enables the department to fulfill the
116	responsibilities delegated under paragraph (a). The department
117	shall identify existing functions and activities that are
118	inconsistent with the responsibilities delegated under paragraph
119	(a) and shall provide a job description for each bureau chief
120	and division director position proposed for retention.
121	(2)(a)  The head of the Department of Health is the State
122	Surgeon General and State Health Officer. The State Surgeon
123	General must be a physician licensed under chapter 458 or
124	chapter 459 who has advanced training or extensive experience in
125	public health administration. The State Surgeon General is
126	appointed by the Governor subject to confirmation by the Senate.
127	The State Surgeon General serves at the pleasure of the
128	Governor. The State Surgeon General shall manage the department
129	as it carries out the responsibilities delegated under paragraph
130	(1)(a) serve as the leading voice on wellness and disease
131	prevention efforts, including the promotion of healthful
132	lifestyles, immunization practices, health literacy, and the
133	assessment and promotion of the physician and health care
134	workforce in order to meet the health care needs of the state.
135	The State Surgeon General shall focus on advocating healthy
136	lifestyles, developing public health policy, and building
137	collaborative partnerships with schools, businesses, health care
138	practitioners, community-based organizations, and public and
139	private institutions in order to promote health literacy and
140	optimum quality of life for all Floridians.
141	(b)  The Officer of Women's Health Strategy is established
142	within the Department of Health and shall report directly to the
143	State Surgeon General.
144	(3)  The following divisions of the Department of Health
145	are established:
146	(a)  Division of Administration. This paragraph expires
147	July 1, 2011, unless reviewed and reenacted by the Legislature
148	before that date.
149	(b)  Division of Environmental Health. This paragraph
150	expires July 1, 2011, unless reviewed and reenacted by the
151	Legislature before that date.
152	(c)  Division of Disease Control. This paragraph expires
153	July 1, 2011, unless reviewed and reenacted by the Legislature
154	before that date.
155	(d)  Division of Family Health Services. This paragraph
156	expires July 1, 2011, unless reviewed and reenacted by the
157	Legislature before that date.
158	(e)  Division of Children's Medical Services Network. This
159	paragraph expires July 1, 2011, unless reviewed and reenacted by
160	the Legislature before that date.
161	(f)  Division of Emergency Medical Operations. This
162	paragraph expires July 1, 2011, unless reviewed and reenacted by
163	the Legislature before that date.
164	(g)  Division of Medical Quality Assurance, which is
165	responsible for the following boards and professions established
166	within the division:
167	1.  The Board of Acupuncture, created under chapter 457.
168	2.  The Board of Medicine, created under chapter 458.
169	3.  The Board of Osteopathic Medicine, created under
170	chapter 459.
171	4.  The Board of Chiropractic Medicine, created under
172	chapter 460.
173	5.  The Board of Podiatric Medicine, created under chapter
174	461.
175	6.  Naturopathy, as provided under chapter 462.
176	7.  The Board of Optometry, created under chapter 463.
177	8.  The Board of Nursing, created under part I of chapter
178	464.
179	9.  Nursing assistants, as provided under part II of
180	chapter 464.
181	10.  The Board of Pharmacy, created under chapter 465.
182	11.  The Board of Dentistry, created under chapter 466.
183	12.  Midwifery, as provided under chapter 467.
184	13.  The Board of Speech-Language Pathology and Audiology,
185	created under part I of chapter 468.
186	14.  The Board of Nursing Home Administrators, created
187	under part II of chapter 468.
188	15.  The Board of Occupational Therapy, created under part
189	III of chapter 468.
190	16.  Respiratory therapy, as provided under part V of
191	chapter 468.
192	17.  Dietetics and nutrition practice, as provided under
193	part X of chapter 468.
194	18.  The Board of Athletic Training, created under part
195	XIII of chapter 468.
196	19.  The Board of Orthotists and Prosthetists, created
197	under part XIV of chapter 468.
198	20.  Electrolysis, as provided under chapter 478.
199	21.  The Board of Massage Therapy, created under chapter
200	480.
201	22.  The Board of Clinical Laboratory Personnel, created
202	under part III of chapter 483.
203	23.  Medical physicists, as provided under part IV of
204	chapter 483.
205	24.  The Board of Opticianry, created under part I of
206	chapter 484.
207	25.  The Board of Hearing Aid Specialists, created under
208	part II of chapter 484.
209	26.  The Board of Physical Therapy Practice, created under
210	chapter 486.
211	27.  The Board of Psychology, created under chapter 490.
212	28.  School psychologists, as provided under chapter 490.
213	29.  The Board of Clinical Social Work, Marriage and Family
214	Therapy, and Mental Health Counseling, created under chapter
215	491.
216
217	This paragraph expires July 1, 2011, unless reviewed and
218	reenacted by the Legislature before that date.
219	(h)  Division of Children's Medical Services Prevention and
220	Intervention. This paragraph expires July 1, 2011, unless
221	reviewed and reenacted by the Legislature before that date.
222	(i)  Division of Information Technology. This paragraph
223	expires July 1, 2011, unless reviewed and reenacted by the
224	Legislature before that date.
225	(j)  Division of Health Access and Tobacco. This paragraph
226	expires July 1, 2011, unless reviewed and reenacted by the
227	Legislature before that date.
228	(k)  Division of Disability Determinations. This paragraph
229	expires July 1, 2011, unless reviewed and reenacted by the
230	Legislature before that date.
231	(4)(a)  The members of each board within the department
232	shall be appointed by the Governor, subject to confirmation by
233	the Senate. Consumer members on the board shall be appointed
234	pursuant to paragraph (b). Members shall be appointed for 4-year
235	terms, and such terms shall expire on October 31. However, a
236	term of less than 4 years may be used to ensure that:
237	1.  No more than two members' terms expire during the same
238	calendar year for boards consisting of seven or eight members.
239	2.  No more than 3 members' terms expire during the same
240	calendar year for boards consisting of 9 to 12 members.
241	3.  No more than 5 members' terms expire during the same
242	calendar year for boards consisting of 13 or more members.
243
244	A member whose term has expired shall continue to serve on the
245	board until such time as a replacement is appointed. A vacancy
246	on the board shall be filled for the unexpired portion of the
247	term in the same manner as the original appointment. No member
248	may serve for more than the remaining portion of a previous
249	member's unexpired term, plus two consecutive 4-year terms of
250	the member's own appointment thereafter.
251	(b)  Each board with five or more members shall have at
252	least two consumer members who are not, and have never been,
253	members or practitioners of the profession regulated by such
254	board or of any closely related profession. Each board with
255	fewer than five members shall have at least one consumer member
256	who is not, and has never been, a member or practitioner of the
257	profession regulated by such board or of any closely related
258	profession.
259	(c)  Notwithstanding any other provision of law, the
260	department is authorized to establish uniform application forms
261	and certificates of licensure for use by the boards within the
262	department. Nothing in this paragraph authorizes the department
263	to vary any substantive requirements, duties, or eligibilities
264	for licensure or certification as provided by law.
265	(5)  The department shall plan and administer authorized
266	its public health programs through its county health departments
267	and may, for administrative purposes and efficient service
268	delivery, establish multicounty up to 15 service areas to carry
269	out such duties as may be prescribed by the State Surgeon
270	General. The boundaries of the service areas shall be the same
271	as, or combinations of, the service districts of the Department
272	of Children and Family Services established in s. 20.19 and, to
273	the extent practicable, shall take into consideration the
274	boundaries of the jobs and education regional boards.
275	(6)  The State Surgeon General may and division directors
276	are authorized to appoint ad hoc advisory committees as
277	necessary to address issues relating to the responsibilities
278	delegated to the department under paragraph (1)(a). The issue or
279	problem that the ad hoc committee shall address, and the
280	timeframe within which the committee is to complete its work,
281	shall be specified at the time the committee is appointed. Ad
282	hoc advisory committees shall include representatives of groups
283	or entities affected by the issue or problem that the committee
284	is asked to examine. Members of ad hoc advisory committees shall
285	receive no compensation, but may, within existing departmental
286	resources, receive reimbursement for travel expenses as provided
287	in s. 112.061.
288	(7)  To protect and improve the public health, the
289	department may use state or federal funds to:
290	(a)  Provide incentives, including, but not limited to, the
291	promotional items listed in paragraph (b), food and including
292	food coupons, and payment for travel expenses, for encouraging
293	healthy lifestyle and disease prevention behaviors and patient
294	compliance with medical treatment, such as tuberculosis therapy
295	and smoking cessation programs. Such incentives shall be
296	intended to cause individuals to take action to improve their
297	health. Any incentive for food, food coupons, or travel expenses
298	may not exceed the limitations in s. 112.061.
299	(b)  Plan and conduct health education campaigns for the
300	purpose of protecting or improving public health. The department
301	may purchase promotional items, such as, but not limited to, t-
302	shirts, hats, sports items such as water bottles and sweat
303	bands, calendars, nutritional charts, baby bibs, growth charts,
304	and other items printed with health promotion messages, and
305	advertising, such as space on billboards or in publications or
306	radio or television time, for health information and promotional
307	messages that recognize that the following behaviors, among
308	others, are detrimental to public health: unprotected sexual
309	intercourse, other than with one's spouse; cigarette and cigar
310	smoking, use of smokeless tobacco products, and exposure to
311	environmental tobacco smoke; alcohol consumption or other
312	substance abuse during pregnancy; alcohol abuse or other
313	substance abuse; lack of exercise and poor diet and nutrition
314	habits; and failure to recognize and address a genetic tendency
315	to suffer from sickle-cell anemia, diabetes, high blood
316	pressure, cardiovascular disease, or cancer. For purposes of
317	activities under this paragraph, the Department of Health may
318	establish requirements for local matching funds or in-kind
319	contributions to create and distribute advertisements, in either
320	print or electronic format, which are concerned with each of the
321	targeted behaviors, establish an independent evaluation and
322	feedback system for the public health communication campaign,
323	and monitor and evaluate the efforts to determine which of the
324	techniques and methodologies are most effective.
325	(c)  Plan and conduct promotional campaigns to recruit
326	health professionals to be employed by the department or to
327	recruit participants in departmental programs for health
328	practitioners, such as scholarship, loan repayment, or volunteer
329	programs. To this effect the department may purchase promotional
330	items and advertising.
331	(8)  The department may hold copyrights, trademarks, and
332	service marks and enforce its rights with respect thereto,
333	except such authority does not extend to any public records
334	relating to the department's responsibilities for health care
335	practitioners regulated under part II of chapter 455.
336	(7)(9)  There is established within the Department of
337	Health the Office of Minority Health.
338	(8)  Beginning in fiscal year 2010-2011, the department
339	shall initiate or commence new programs, including any new
340	federally funded or grant-supported initiative, or make changes
341	in current programs only when the Legislature expressly
342	authorizes the department to do so.
343	Section 2.  Section 381.0011, Florida Statutes, is amended
344	to read:
345	381.0011  Duties and powers of the Department of Health.-It
346	is the duty of the Department of Health to:
347	(1)  Assess the public health status and needs of the state
348	pursuant to the responsibilities delegated to the department
349	under s. 20.43 through statewide data collection and other
350	appropriate means, with special attention to future needs that
351	may result from population growth, technological advancements,
352	new societal priorities, or other changes.
353	(2)  Manage and coordinate emergency preparedness and
354	disaster response functions to: investigate and control the
355	spread of disease; coordinate the availability and staffing of
356	special needs shelters; support patient evacuation; ensure the
357	safety of food and drugs; provide critical incident stress
358	debriefing; and provide surveillance and control of
359	radiological, chemical, biological, and other environmental
360	hazards Formulate general policies affecting the public health
361	of the state.
362	(3)  Include in the department's strategic plan developed
363	under s. 186.021 a summary of all aspects of the public health
364	related to the responsibilities delegated to the department
365	under s. 20.43(1) mission and health status objectives to direct
366	the use of public health resources with an emphasis on
367	prevention.
368	(4)  Administer and enforce laws and rules relating to
369	sanitation, control of communicable diseases, and illnesses and
370	hazards to health among humans and from animals to humans, and
371	the general health of the people of the state.
372	(5)  Cooperate with and accept assistance from federal,
373	state, and local officials for the prevention and suppression of
374	communicable and other diseases, illnesses, injuries, and
375	hazards to human health and cooperate with the Federal
376	Government in enforcing public health laws and regulations.
377	(6)  Declare, enforce, modify, and abolish quarantine of
378	persons, animals, and premises as the circumstances indicate for
379	controlling communicable diseases or providing protection from
380	unsafe conditions that pose a threat to public health, except as
381	provided in ss. 384.28 and 392.545-392.60.
382	(a)  The department shall adopt rules to specify the
383	conditions and procedures for imposing and releasing a
384	quarantine. The rules must include provisions related to:
385	1.  The closure of premises.
386	2.  The movement of persons or animals exposed to or
387	infected with a communicable disease.
388	3.  The tests or treatment, including vaccination, for
389	communicable disease required prior to employment or admission
390	to the premises or to comply with a quarantine.
391	4.  Testing or destruction of animals with or suspected of
392	having a disease transmissible to humans.
393	5.  Access by the department to quarantined premises.
394	6.  The disinfection of quarantined animals, persons, or
395	premises.
396	7.  Methods of quarantine.
397	(b)  Any health regulation that restricts travel or trade
398	within the state may not be adopted or enforced in this state
399	except by authority of the department.
400	(7)  Identify, diagnose, investigate, and conduct
401	surveillance of communicable diseases in the state and promote
402	and implement interventions that prevent or limit the impact and
403	spread of disease in the state Provide for a thorough
404	investigation and study of the incidence, causes, modes of
405	propagation and transmission, and means of prevention, control,
406	and cure of diseases, illnesses, and hazards to human health.
407	(8)  Issue, as necessary and in its discretion, health
408	alerts or advisories Provide for the dissemination of
409	information to the public relative to the prevention, control,
410	and cure of diseases, illnesses, and hazards to human health.
411	The department shall conduct a workshop before issuing any
412	health alert or advisory relating to food-borne illness or
413	communicable disease in public lodging or food service
414	establishments in order to inform persons, trade associations,
415	and businesses of the risk to public health and to seek the
416	input of affected persons, trade associations, and businesses on
417	the best methods of informing and protecting the public. The
418	department shall conduct a workshop before issuing any such
419	alert or advisory, except in an emergency, in which case the
420	workshop must be held within 14 days after the issuance of the
421	emergency alert or advisory.
422	(9)  Act as registrar of vital statistics.
423	(10)  Cooperate with and assist federal health officials in
424	enforcing public health laws and regulations.
425	(11)  Cooperate with other departments, local officials,
426	and private boards and organizations for the improvement and
427	preservation of the public health.
428	(12)  Maintain a statewide injury-prevention program.
429	(10)(13)  Adopt rules pursuant to ss. 120.536(1) and 120.54
430	to implement the provisions of law conferring duties upon it.
431	This subsection does not authorize the department to require a
432	permit or license or to inspect a building or facility, unless
433	such requirement is specifically provided by law.
434	(11)(14)  Perform any other duties expressly assigned to
435	the department prescribed by law.
436	Section 3.  Subsection (16) of section 381.006, Florida
437	Statutes, is amended to read:
438	381.006  Environmental health.-The department shall conduct
439	an environmental health program as part of fulfilling the
440	state's public health mission. The purpose of this program is to
441	detect and prevent disease caused by natural and manmade factors
442	in the environment. The environmental health program shall
443	include, but not be limited to:
444	(16)  A group-care-facilities function. The term, where a
445	"group care facility" means any public or private school,
446	assisted living facility, adult family-care home, adult day care
447	center, short-term residential treatment center, residential
448	treatment facility, home for special services, transitional
449	living facility, crisis stabilization unit, hospice, prescribed
450	pediatric extended care center, intermediate care facility for
451	persons with developmental disabilities, or boarding school
452	housing, building or buildings, section of a building, or
453	distinct part of a building or other place, whether operated for
454	profit or not, which undertakes, through its ownership or
455	management, to provide one or more personal services, care,
456	protection, and supervision to persons who require such services
457	and who are not related to the owner or administrator. The
458	department may adopt rules necessary to protect the health and
459	safety of residents, staff, and patrons of group care
460	facilities, as defined in this paragraph. Rules related to
461	public and private schools shall be developed by such as child
462	care facilities, family day care homes, assisted living
463	facilities, adult day care centers, adult family care homes,
464	hospices, residential treatment facilities, crisis stabilization
465	units, pediatric extended care centers, intermediate care
466	facilities for the developmentally disabled, group care homes,
467	and, jointly with the Department of Education in consultation
468	with the department, private and public schools. These Rules may
469	include definitions of terms; provisions relating to operation
470	and maintenance of facilities, buildings, grounds, equipment,
471	furnishings, and occupant-space requirements; lighting; heating,
472	cooling, and ventilation; food service; water supply and
473	plumbing; sewage; sanitary facilities; insect and rodent
474	control; garbage; safety; personnel health, hygiene, and work
475	practices; and other matters the department finds are
476	appropriate or necessary to protect the safety and health of the
477	residents, staff, students, faculty, or patrons. The department
478	may not adopt rules that conflict with rules adopted by the
479	licensing or certifying agency. The department may enter and
480	inspect at reasonable hours to determine compliance with
481	applicable statutes or rules. In addition to any sanctions that
482	the department may impose for violations of rules adopted under
483	this section, the department shall also report such violations
484	to any agency responsible for licensing or certifying the group
485	care facility. The licensing or certifying agency may also
486	impose any sanction based solely on the findings of the
487	department.
488
489	The department may adopt rules to carry out the provisions of
490	this section.
491	Section 4.  Subsections (1), (2), (3), and (6) of section
492	381.0072, Florida Statutes, are amended to read:
493	381.0072  Food service protection.-It shall be the duty of
494	the Department of Health to adopt and enforce sanitation rules
495	consistent with law to ensure the protection of the public from
496	food-borne illness. These rules shall provide the standards and
497	requirements for the storage, preparation, serving, or display
498	of food in food service establishments as defined in this
499	section and which are not permitted or licensed under chapter
500	500 or chapter 509.
501	(1)  DEFINITIONS.-As used in this section, the term:
502	(a)  "Department" means the Department of Health or its
503	representative county health department.
504	(b)  "Food service establishment" means detention
505	facilities, public or private schools, migrant labor camps,
506	assisted living facilities, adult family-care homes, adult day
507	care centers, short-term residential treatment centers,
508	residential treatment facilities, homes for special services,
509	transitional living facilities, crisis stabilization units,
510	hospices, prescribed pediatric extended care centers,
511	intermediate care facilities for persons with developmental
512	disabilities, boarding schools, civic or fraternal
513	organizations, bars and lounges, vending machines that dispense
514	potentially hazardous foods at facilities expressly named in
515	this paragraph, and facilities used as temporary food events or
516	mobile food units at any facility expressly named any facility,
517	as described in this paragraph, where food is prepared and
518	intended for individual portion service, including and includes
519	the site at which individual portions are provided,. The term
520	includes any such facility regardless of whether consumption is
521	on or off the premises and regardless of whether there is a
522	charge for the food. The term includes detention facilities,
523	child care facilities, schools, institutions, civic or fraternal
524	organizations, bars and lounges and facilities used at temporary
525	food events, mobile food units, and vending machines at any
526	facility regulated under this section. The term does not include
527	any entity not expressly named in this paragraph private homes
528	where food is prepared or served for individual family
529	consumption; nor does the term include churches, synagogues, or
530	other not-for-profit religious organizations as long as these
531	organizations serve only their members and guests and do not
532	advertise food or drink for public consumption, or any facility
533	or establishment permitted or licensed under chapter 500 or
534	chapter 509; nor does the term include any theater, if the
535	primary use is as a theater and if patron service is limited to
536	food items customarily served to the admittees of theaters; nor
537	does the term include a research and development test kitchen
538	limited to the use of employees and which is not open to the
539	general public.
540	(c)  "Operator" means the owner, operator, keeper,
541	proprietor, lessee, manager, assistant manager, agent, or
542	employee of a food service establishment.
543	(2)  DUTIES.-
544	(a)  The department may advise and consult with the Agency
545	for Health Care Administration, the Department of Business and
546	Professional Regulation, the Department of Agriculture and
547	Consumer Services, and the Department of Children and Family
548	Services concerning procedures related to the storage,
549	preparation, serving, or display of food at any building,
550	structure, or facility not expressly included in this section
551	that is inspected, licensed, or regulated by those agencies.
552	(b)(a)  The department shall adopt rules, including
553	definitions of terms which are consistent with law prescribing
554	minimum sanitation standards and manager certification
555	requirements as prescribed in s. 509.039, and which shall be
556	enforced in food service establishments as defined in this
557	section. The sanitation standards must address the construction,
558	operation, and maintenance of the establishment; lighting,
559	ventilation, laundry rooms, lockers, use and storage of toxic
560	materials and cleaning compounds, and first-aid supplies; plan
561	review; design, construction, installation, location,
562	maintenance, sanitation, and storage of food equipment and
563	utensils; employee training, health, hygiene, and work
564	practices; food supplies, preparation, storage, transportation,
565	and service, including access to the areas where food is stored
566	or prepared; and sanitary facilities and controls, including
567	water supply and sewage disposal; plumbing and toilet
568	facilities; garbage and refuse collection, storage, and
569	disposal; and vermin control. Public and private schools, if the
570	food service is operated by school employees,; hospitals
571	licensed under chapter 395; nursing homes licensed under part II
572	of chapter 400; child care facilities as defined in s. 402.301;
573	residential facilities colocated with a nursing home or
574	hospital, if all food is prepared in a central kitchen that
575	complies with nursing or hospital regulations; and bars and
576	lounges, civic organizations, and any other facility that is not
577	regulated under this section as defined by department rule, are
578	exempt from the rules developed for manager certification. The
579	department shall administer a comprehensive inspection,
580	monitoring, and sampling program to ensure such standards are
581	maintained. With respect to food service establishments
582	permitted or licensed under chapter 500 or chapter 509, the
583	department shall assist the Division of Hotels and Restaurants
584	of the Department of Business and Professional Regulation and
585	the Department of Agriculture and Consumer Services with
586	rulemaking by providing technical information.
587	(c)(b)  The department shall carry out all provisions of
588	this chapter and all other applicable laws and rules relating to
589	the inspection or regulation of food service establishments as
590	defined in this section, for the purpose of safeguarding the
591	public's health, safety, and welfare.
592	(d)(c)  The department shall inspect each food service
593	establishment as often as necessary to ensure compliance with
594	applicable laws and rules. The department shall have the right
595	of entry and access to these food service establishments at any
596	reasonable time. In inspecting food service establishments as
597	provided under this section, the department shall provide each
598	inspected establishment with the food recovery brochure
599	developed under s. 570.0725.
600	(e)(d)  The department or other appropriate regulatory
601	entity may inspect theaters exempted in subsection (1) to ensure
602	compliance with applicable laws and rules pertaining to minimum
603	sanitation standards. A fee for inspection shall be prescribed
604	by rule, but the aggregate amount charged per year per theater
605	establishment shall not exceed $300, regardless of the entity
606	providing the inspection.
607	(3)  LICENSES REQUIRED.-
608	(a)  Licenses; annual renewals.-Each food service
609	establishment regulated under this section shall obtain a
610	license from the department annually. Food service establishment
611	licenses shall expire annually and are not transferable from one
612	place or individual to another. However, those facilities
613	licensed by the department's Office of Licensure and
614	Certification, the Child Care Services Program Office, or the
615	Agency for Persons with Disabilities are exempt from this
616	subsection. It shall be a misdemeanor of the second degree,
617	punishable as provided in s. 381.0061, s. 775.082, or s.
618	775.083, for such an establishment to operate without this
619	license. The department may refuse a license, or a renewal
620	thereof, to any establishment that is not constructed or
621	maintained in accordance with law and with the rules of the
622	department. Annual application for renewal is not required.
623	(b)  Application for license.-Each person who plans to open
624	a food service establishment regulated under this section and
625	not regulated under chapter 500 or chapter 509 shall apply for
626	and receive a license prior to the commencement of operation.
627	(6)  IMMINENT DANGERS; STOP-SALE ORDERS.-
628	(a)  In the course of epidemiological investigations or for
629	those establishments regulated by the department under this
630	chapter, the department, to protect the public from food that is
631	unwholesome or otherwise unfit for human consumption, may
632	examine, sample, seize, and stop the sale or use of food to
633	determine its condition. The department may stop the sale and
634	supervise the proper destruction of food when the State Health
635	Officer or his or her designee determines that such food
636	represents a threat to the public health.
637	(b)  The department may determine that a food service
638	establishment regulated under this section is an imminent danger
639	to the public health and require its immediate closure when such
640	establishment fails to comply with applicable sanitary and
641	safety standards and, because of such failure, presents an
642	imminent threat to the public's health, safety, and welfare. The
643	department may accept inspection results from state and local
644	building and firesafety officials and other regulatory agencies
645	as justification for such actions. Any facility so deemed and
646	closed shall remain closed until allowed by the department or by
647	judicial order to reopen.
648	Section 5.  Paragraph (g) of subsection (2) of section
649	381.0101, Florida Statutes, is amended to read:
650	(2)  DEFINITIONS.-As used in this section:
651	(g)  "Primary environmental health program" means those
652	programs determined by the department is expressly authorized by
653	law to administer to be essential for providing basic
654	environmental and sanitary protection to the public. At a
655	minimum, These programs shall include food protection program
656	work at food service establishments as defined in s. 381.0072
657	and onsite sewage treatment and disposal system evaluations.
658	Section 6.  Sections 381.001, 381.04015, 401.243, 411.23,
659	411.231, and 411.232, Florida Statutes, are repealed.
660	Section 7.  Paragraph (d) of subsection (5) of section
661	411.01, Florida Statutes, is amended to read:
662	411.01  School readiness programs; early learning
663	coalitions.-
664	(5)  CREATION OF EARLY LEARNING COALITIONS.-
665	(d)  Implementation.-
666	1.  An early learning coalition may not implement the
667	school readiness program until the coalition is authorized
668	through approval of the coalition's school readiness plan by the
669	Agency for Workforce Innovation.
670	2.  Each early learning coalition shall develop a plan for
671	implementing the school readiness program to meet the
672	requirements of this section and the performance standards and
673	outcome measures adopted by the Agency for Workforce Innovation.
674	The plan must demonstrate how the program will ensure that each
675	3-year-old and 4-year-old child in a publicly funded school
676	readiness program receives scheduled activities and instruction
677	designed to enhance the age-appropriate progress of the children
678	in attaining the performance standards adopted by the Agency for
679	Workforce Innovation under subparagraph (4)(d)8. Before
680	implementing the school readiness program, the early learning
681	coalition must submit the plan to the Agency for Workforce
682	Innovation for approval. The Agency for Workforce Innovation may
683	approve the plan, reject the plan, or approve the plan with
684	conditions. The Agency for Workforce Innovation shall review
685	school readiness plans at least annually.
686	3.  If the Agency for Workforce Innovation determines
687	during the annual review of school readiness plans, or through
688	monitoring and performance evaluations conducted under paragraph
689	(4)(l), that an early learning coalition has not substantially
690	implemented its plan, has not substantially met the performance
691	standards and outcome measures adopted by the agency, or has not
692	effectively administered the school readiness program or
693	Voluntary Prekindergarten Education Program, the Agency for
694	Workforce Innovation may dissolve the coalition and temporarily
695	contract with a qualified entity to continue school readiness
696	and prekindergarten services in the coalition's county or
697	multicounty region until the coalition is reestablished through
698	resubmission of a school readiness plan and approval by the
699	agency.
700	4.  The Agency for Workforce Innovation shall adopt
701	criteria for the approval of school readiness plans. The
702	criteria must be consistent with the performance standards and
703	outcome measures adopted by the agency and must require each
704	approved plan to include the following minimum standards and
705	provisions:
706	a.  A sliding fee scale establishing a copayment for
707	parents based upon their ability to pay, which is the same for
708	all program providers, to be implemented and reflected in each
709	program's budget.
710	b.  A choice of settings and locations in licensed,
711	registered, religious-exempt, or school-based programs to be
712	provided to parents.
713	c.  Instructional staff who have completed the training
714	course as required in s. 402.305(2)(d)1., as well as staff who
715	have additional training or credentials as required by the
716	Agency for Workforce Innovation. The plan must provide a method
717	for assuring the qualifications of all personnel in all program
718	settings.
719	d.  Specific eligibility priorities for children within the
720	early learning coalition's county or multicounty region in
721	accordance with subsection (6).
722	e.  Performance standards and outcome measures adopted by
723	the Agency for Workforce Innovation.
724	f.  Payment rates adopted by the early learning coalition
725	and approved by the Agency for Workforce Innovation. Payment
726	rates may not have the effect of limiting parental choice or
727	creating standards or levels of services that have not been
728	authorized by the Legislature.
729	g.  Systems support services, including a central agency,
730	child care resource and referral, eligibility determinations,
731	training of providers, and parent support and involvement.
732	h.  Direct enhancement services to families and children.
733	System support and direct enhancement services shall be in
734	addition to payments for the placement of children in school
735	readiness programs.
736	i.  The business organization of the early learning
737	coalition, which must include the coalition's articles of
738	incorporation and bylaws if the coalition is organized as a
739	corporation. If the coalition is not organized as a corporation
740	or other business entity, the plan must include the contract
741	with a fiscal agent. An early learning coalition may contract
742	with other coalitions to achieve efficiency in multicounty
743	services, and these contracts may be part of the coalition's
744	school readiness plan.
745	j.  Strategies to meet the needs of unique populations,
746	such as migrant workers.
747
748	As part of the school readiness plan, the early learning
749	coalition may request the Governor to apply for a waiver to
750	allow the coalition to administer the Head Start Program to
751	accomplish the purposes of the school readiness program. If a
752	school readiness plan demonstrates that specific statutory goals
753	can be achieved more effectively by using procedures that
754	require modification of existing rules, policies, or procedures,
755	a request for a waiver to the Agency for Workforce Innovation
756	may be submitted as part of the plan. Upon review, the Agency
757	for Workforce Innovation may grant the proposed modification.
758	5.  Persons with an early childhood teaching certificate
759	may provide support and supervision to other staff in the school
760	readiness program.
761	6.  An early learning coalition may not implement its
762	school readiness plan until it submits the plan to and receives
763	approval from the Agency for Workforce Innovation. Once the plan
764	is approved, the plan and the services provided under the plan
765	shall be controlled by the early learning coalition. The plan
766	shall be reviewed and revised as necessary, but at least
767	biennially. An early learning coalition may not implement the
768	revisions until the coalition submits the revised plan to and
769	receives approval from the Agency for Workforce Innovation. If
770	the Agency for Workforce Innovation rejects a revised plan, the
771	coalition must continue to operate under its prior approved
772	plan.
773	7.  Sections 125.901(2)(a)3. and, 411.221, and 411.232 do
774	not apply to an early learning coalition with an approved school
775	readiness plan. To facilitate innovative practices and to allow
776	the regional establishment of school readiness programs, an
777	early learning coalition may apply to the Governor and Cabinet
778	for a waiver of, and the Governor and Cabinet may waive, any of
779	the provisions of ss. 411.223, 411.232, and 1003.54, if the
780	waiver is necessary for implementation of the coalition's school
781	readiness plan.
782	8.  Two or more counties may join for purposes of planning
783	and implementing a school readiness program.
784	9.  An early learning coalition may, subject to approval by
785	the Agency for Workforce Innovation as part of the coalition's
786	school readiness plan, receive subsidized child care funds for
787	all children eligible for any federal subsidized child care
788	program.
789	10.  An early learning coalition may enter into multiparty
790	contracts with multicounty service providers in order to meet
791	the needs of unique populations such as migrant workers.
792	Section 8.  Paragraphs (f) and (g) of subsection (2) of
793	section 411.224, Florida Statutes, are redesignated as
794	paragraphs (e) and (f), respectively, and present paragraph (e)
795	of that subsection is amended to read:
796	411.224  Family support planning process.-The Legislature
797	establishes a family support planning process to be used by the
798	Department of Children and Family Services as the service
799	planning process for targeted individuals, children, and
800	families under its purview.
801	(2)  To the extent possible within existing resources, the
802	following populations must be included in the family support
803	planning process:
804	(e)  Participants who are served by the Children's Early
805	Investment Program established in s. 411.232.
806	Section 9.  Subsections (4) and (5) of section 509.013,
807	Florida Statutes, are amended to read:
808	509.013  Definitions.-As used in this chapter, the term:
809	(4)(a)  "Public lodging establishment" includes a transient
810	public lodging establishment as defined in subparagraph 1. and a
811	nontransient public lodging establishment as defined in
812	subparagraph 2.
813	1.  "Transient public lodging establishment" means any
814	unit, group of units, dwelling, building, or group of buildings
815	within a single complex of buildings which is rented to guests
816	more than three times in a calendar year for periods of less
817	than 30 days or 1 calendar month, whichever is less, or which is
818	advertised or held out to the public as a place regularly rented
819	to guests.
820	2.  "Nontransient public lodging establishment" means any
821	unit, group of units, dwelling, building, or group of buildings
822	within a single complex of buildings which is rented to guests
823	for periods of at least 30 days or 1 calendar month, whichever
824	is less, or which is advertised or held out to the public as a
825	place regularly rented to guests for periods of at least 30 days
826	or 1 calendar month.
827
828	License classifications of public lodging establishments, and
829	the definitions therefor, are set out in s. 509.242. For the
830	purpose of licensure, the term does not include condominium
831	common elements as defined in s. 718.103.
832	(b)  The following are excluded from the definitions in
833	paragraph (a):
834	1.  Any dormitory or other living or sleeping facility
835	maintained by a public or private school, college, or university
836	for the use of students, faculty, or visitors;
837	2.  Any facility certified or licensed and regulated by the
838	Agency for Health Care Administration or the Department of
839	Children and Family Services hospital, nursing home, sanitarium,
840	assisted living facility, or other similar place regulated under
841	s. 381.0072;
842	3.  Any place renting four rental units or less, unless the
843	rental units are advertised or held out to the public to be
844	places that are regularly rented to transients;
845	4.  Any unit or group of units in a condominium,
846	cooperative, or timeshare plan and any individually or
847	collectively owned one-family, two-family, three-family, or
848	four-family dwelling house or dwelling unit that is rented for
849	periods of at least 30 days or 1 calendar month, whichever is
850	less, and that is not advertised or held out to the public as a
851	place regularly rented for periods of less than 1 calendar
852	month, provided that no more than four rental units within a
853	single complex of buildings are available for rent;
854	5.  Any migrant labor camp or residential migrant housing
855	permitted by the Department of Health; under ss. 381.008-
856	381.00895; and
857	6.  Any establishment inspected by the Department of Health
858	and regulated by chapter 513.
859	(5)(a)  "Public food service establishment" means any
860	building, vehicle, place, or structure, or any room or division
861	in a building, vehicle, place, or structure where food is
862	prepared, served, or sold for immediate consumption on or in the
863	vicinity of the premises; called for or taken out by customers;
864	or prepared prior to being delivered to another location for
865	consumption.
866	(b)  The following are excluded from the definition in
867	paragraph (a):
868	1.  Any place maintained and operated by a public or
869	private school, college, or university:
870	a.  For the use of students and faculty; or
871	b.  Temporarily to serve such events as fairs, carnivals,
872	and athletic contests.
873	2.  Any eating place maintained and operated by a church or
874	a religious, nonprofit fraternal, or nonprofit civic
875	organization:
876	a.  For the use of members and associates; or
877	b.  Temporarily to serve such events as fairs, carnivals,
878	or athletic contests.
879	3.  Any eating place located on an airplane, train, bus, or
880	watercraft which is a common carrier.
881	4.  Any eating place maintained by a facility certified or
882	licensed and regulated by the Agency for Health Care
883	Administration or the Department of Children and Family Services
884	hospital, nursing home, sanitarium, assisted living facility,
885	adult day care center, or other similar place that is regulated
886	under s. 381.0072.
887	5.  Any place of business issued a permit or inspected by
888	the Department of Agriculture and Consumer Services under s.
889	500.12.
890	6.  Any place of business where the food available for
891	consumption is limited to ice, beverages with or without
892	garnishment, popcorn, or prepackaged items sold without
893	additions or preparation.
894	7.  Any theater, if the primary use is as a theater and if
895	patron service is limited to food items customarily served to
896	the admittees of theaters.
897	8.  Any vending machine that dispenses any food or
898	beverages other than potentially hazardous foods, as defined by
899	division rule.
900	9.  Any vending machine that dispenses potentially
901	hazardous food and which is located in a facility regulated
902	under s. 381.0072.
903	10.  Any research and development test kitchen limited to
904	the use of employees and which is not open to the general
905	public.
906	Section 10.  This act shall take effect July 1, 2010.

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