CS/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 with respect to management of
6	the department; abolishing responsibility to regulate
7	health practitioners effective July 1, 2011; abolishing
8	specified divisions of the department effective July 1,
9	2011, unless reviewed and reenacted by the Legislature;
10	authorizing the department to establish multicounty
11	service areas for county health departments; requiring the
12	department to submit a reorganization plan to the
13	Legislature by a specified date; prohibiting the
14	department from establishing new programs or modifying
15	current programs without legislative approval; requiring
16	the department to seek approval from the Legislative
17	Budget Commission for certain activities; providing that
18	the request for approval is subject to certain notice,
19	review, and objection procedures; amending s. 381.0011,
20	F.S.; revising duties and powers of the department;
21	requiring the department to manage emergency preparedness
22	and disaster response functions; authorizing the
23	department to issue health alerts or advisories under
24	certain conditions; revising rulemaking authority of the
25	department; amending s. 381.006, F.S.; revising the
26	definition of the term "group care facility"; amending s.
27	381.0072, F.S.; revising the definition of the term "food
28	service establishment"; authorizing the department to
29	advise and consult with other agencies relating to the
30	provision of food services; revising entities that are
31	exempt from rules relating to standards for food service
32	establishment manager certification; amending s. 381.0101,
33	F.S.; revising the definition of the term "primary
34	environmental health program"; repealing s. 381.001, F.S.,
35	relating to legislative intent with respect to the state's
36	public health system; repealing s. 381.04015, F.S.,
37	relating to the Women's Health Strategy; repealing s.
38	401.243, F.S., relating to the department's injury
39	prevention program; repealing ss. 411.23, 411.231, and
40	411.232, F.S., relating to the Children's Early Investment
41	Act; amending s. 381.4018, F.S.; providing definitions;
42	revising the list of governmental stakeholders that the
43	department is required to work with regarding the state
44	strategic plan and in assessing the state's physician
45	workforce; creating the Physician Workforce Advisory
46	Council; providing for appointments, membership, terms,
47	and duties of the council; providing that council members
48	are not entitled to receive compensation or reimbursement
49	for per diem or travel expenses; providing the duties of
50	the council; amending s. 392.51, F.S.; revising
51	legislative intent with respect to the delivery of
52	tuberculosis control services; amending s. 392.69, F.S.;
53	requiring the department to develop a plan to provide
54	tuberculosis services; requiring the department to submit
55	the plan to the Governor and Legislature; amending ss.
56	411.01 and 411.224, F.S.; conforming cross-references;
57	amending ss. 458.3192 and 459.0082, F.S.; requiring the
58	department to determine by geographic area and specialty
59	the number of physicians who plan to relocate outside the
60	state, practice medicine in this state, and reduce or
61	modify the scope of their practice; authorizing the
62	department to include additional information in its report
63	to the Governor and Legislature; amending s. 499.01, F.S.;
64	creating an exemption from device manufacturer permits for
65	certain persons; amending s. 499.01212, F.S.; exempting
66	specified prescription drugs from pedigree paper
67	requirements under certain circumstances; amending s.
68	499.029, F.S.; renaming the Cancer Drug Donation Program
69	as the Prescription Drug Donation Program; revising
70	definitions; expanding the drugs and supplies that may be
71	donated under the program; expanding the types of
72	facilities and practitioners that may participate in the
73	program; conforming provisions to changes in terminology;
74	amending s. 509.013, F.S.; revising the definitions of the
75	terms "public lodging establishment" and "public food
76	establishment"; transferring and reassigning certain
77	functions and responsibilities, including records,
78	personnel, property, and unexpended balances of
79	appropriations and other resources, from the Department of
80	Health to the Department of Business and Professional
81	Regulation by a type two transfer; providing for the
82	continued validity of pending judicial or administrative
83	actions to which the Department of Health is a party;
84	providing for the continued validity of lawful orders
85	issued by the Department of Health; transferring rules
86	created by the Department of Health to the Department of
87	Business and Professional Regulation; providing for the
88	continued validity of permits and certifications issued by
89	the Department of Health; providing effective dates.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Section 20.43, Florida Statutes, is amended to
94	read:
95	20.43  Department of Health.-There is created a Department
96	of Health.
97	(1)(a)  The purpose of the Department of Health is
98	responsible for to promote and protect the health of all
99	residents and visitors in the state through organized state and
100	community efforts, including cooperative agreements with
101	counties. The department shall:
102	1.(a)  Identifying, diagnosing, investigating, and
103	conducting surveillance of communicable diseases in the state
104	Prevent to the fullest extent possible, the occurrence and
105	progression of communicable and noncommunicable diseases and
106	disabilities.
107	2.(b)  Maintaining Maintain a constant surveillance of
108	disease occurrence and accumulating accumulate health statistics
109	necessary to establish disease trends and to design health
110	programs.
111	3.  Implementing interventions that prevent or limit the
112	impact or spread of disease in the state.
113	4.(c)  Maintaining and coordinating preparedness for and
114	responses to public health emergencies in the state Conduct
115	special studies of the causes of diseases and formulate
116	preventive strategies.
117	5.(d)  Regulating environmental activities that have a
118	direct impact on public health in the state Promote the
119	maintenance and improvement of the environment as it affects
120	public health.
121	6.(e)  Administering and providing health and related
122	services for targeted populations in the state Promote the
123	maintenance and improvement of health in the residents of the
124	state.
125	7.(f)  Collecting, managing, and analyzing vital statistics
126	data in the state Provide leadership, in cooperation with the
127	public and private sectors, in establishing statewide and
128	community public health delivery systems.
129	(g)  Provide health care and early intervention services to
130	infants, toddlers, children, adolescents, and high-risk
131	perinatal patients who are at risk for disabling conditions or
132	have chronic illnesses.
133	(h)  Provide services to abused and neglected children
134	through child protection teams and sexual abuse treatment
135	programs.
136	(i)  Develop working associations with all agencies and
137	organizations involved and interested in health and health care
138	delivery.
139	(j)  Analyze trends in the evolution of health systems, and
140	identify and promote the use of innovative, cost-effective
141	health delivery systems.
142	(k)  Serve as the statewide repository of all aggregate
143	data accumulated by state agencies related to health care;
144	analyze that data and issue periodic reports and policy
145	statements, as appropriate; require that all aggregated data be
146	kept in a manner that promotes easy utilization by the public,
147	state agencies, and all other interested parties; provide
148	technical assistance as required; and work cooperatively with
149	the state's higher education programs to promote further study
150	and analysis of health care systems and health care outcomes.
151	(l)  Include in the department's strategic plan developed
152	under s. 186.021 an assessment of current health programs,
153	systems, and costs; projections of future problems and
154	opportunities; and recommended changes that are needed in the
155	health care system to improve the public health.
156	8.(m)  Regulating Regulate health practitioners, to the
157	extent authorized by the Legislature, as necessary for the
158	preservation of the health, safety, and welfare of the public.
159	This subparagraph expires on July 1, 2011.
160	(b)  By November 1, 2010, the department shall submit a
161	proposal to the President of the Senate, the Speaker of the
162	House of Representatives, and the appropriate substantive
163	legislative committees for a new department structure based upon
164	the responsibilities delegated under paragraph (a). The proposal
165	shall include reductions in the number of departmental bureaus
166	and divisions and limits on the number of executive positions in
167	a manner that enables the department to fulfill the
168	responsibilities delegated under paragraph (a). The department
169	shall identify existing functions and activities that are
170	inconsistent with the responsibilities delegated under paragraph
171	(a) and shall provide a job description for each bureau chief
172	and division director position proposed for retention.
173	(2)(a)  The head of the Department of Health is the State
174	Surgeon General and State Health Officer. The State Surgeon
175	General must be a physician licensed under chapter 458 or
176	chapter 459 who has advanced training or extensive experience in
177	public health administration. The State Surgeon General is
178	appointed by the Governor subject to confirmation by the Senate.
179	The State Surgeon General serves at the pleasure of the
180	Governor. The State Surgeon General shall manage the department
181	as it carries out the responsibilities delegated under paragraph
182	(1)(a) serve as the leading voice on wellness and disease
183	prevention efforts, including the promotion of healthful
184	lifestyles, immunization practices, health literacy, and the
185	assessment and promotion of the physician and health care
186	workforce in order to meet the health care needs of the state.
187	The State Surgeon General shall focus on advocating healthy
188	lifestyles, developing public health policy, and building
189	collaborative partnerships with schools, businesses, health care
190	practitioners, community-based organizations, and public and
191	private institutions in order to promote health literacy and
192	optimum quality of life for all Floridians.
193	(b)  The Officer of Women's Health Strategy is established
194	within the Department of Health and shall report directly to the
195	State Surgeon General.
196	(3)  The following divisions of the Department of Health
197	are established:
198	(a)  Division of Administration. This paragraph expires
199	July 1, 2011, unless reviewed and reenacted by the Legislature
200	before that date.
201	(b)  Division of Environmental Health. This paragraph
202	expires July 1, 2011, unless reviewed and reenacted by the
203	Legislature before that date.
204	(c)  Division of Disease Control. This paragraph expires
205	July 1, 2011, unless reviewed and reenacted by the Legislature
206	before that date.
207	(d)  Division of Family Health Services. This paragraph
208	expires July 1, 2011, unless reviewed and reenacted by the
209	Legislature before that date.
210	(e)  Division of Children's Medical Services Network. This
211	paragraph expires July 1, 2011, unless reviewed and reenacted by
212	the Legislature before that date.
213	(f)  Division of Emergency Medical Operations. This
214	paragraph expires July 1, 2011, unless reviewed and reenacted by
215	the Legislature before that date.
216	(g)  Division of Medical Quality Assurance, which is
217	responsible for the following boards and professions established
218	within the division:
219	1.  The Board of Acupuncture, created under chapter 457.
220	2.  The Board of Medicine, created under chapter 458.
221	3.  The Board of Osteopathic Medicine, created under
222	chapter 459.
223	4.  The Board of Chiropractic Medicine, created under
224	chapter 460.
225	5.  The Board of Podiatric Medicine, created under chapter
226	461.
227	6.  Naturopathy, as provided under chapter 462.
228	7.  The Board of Optometry, created under chapter 463.
229	8.  The Board of Nursing, created under part I of chapter
230	464.
231	9.  Nursing assistants, as provided under part II of
232	chapter 464.
233	10.  The Board of Pharmacy, created under chapter 465.
234	11.  The Board of Dentistry, created under chapter 466.
235	12.  Midwifery, as provided under chapter 467.
236	13.  The Board of Speech-Language Pathology and Audiology,
237	created under part I of chapter 468.
238	14.  The Board of Nursing Home Administrators, created
239	under part II of chapter 468.
240	15.  The Board of Occupational Therapy, created under part
241	III of chapter 468.
242	16.  Respiratory therapy, as provided under part V of
243	chapter 468.
244	17.  Dietetics and nutrition practice, as provided under
245	part X of chapter 468.
246	18.  The Board of Athletic Training, created under part
247	XIII of chapter 468.
248	19.  The Board of Orthotists and Prosthetists, created
249	under part XIV of chapter 468.
250	20.  Electrolysis, as provided under chapter 478.
251	21.  The Board of Massage Therapy, created under chapter
252	480.
253	22.  The Board of Clinical Laboratory Personnel, created
254	under part III of chapter 483.
255	23.  Medical physicists, as provided under part IV of
256	chapter 483.
257	24.  The Board of Opticianry, created under part I of
258	chapter 484.
259	25.  The Board of Hearing Aid Specialists, created under
260	part II of chapter 484.
261	26.  The Board of Physical Therapy Practice, created under
262	chapter 486.
263	27.  The Board of Psychology, created under chapter 490.
264	28.  School psychologists, as provided under chapter 490.
265	29.  The Board of Clinical Social Work, Marriage and Family
266	Therapy, and Mental Health Counseling, created under chapter
267	491.
268
269	This paragraph expires July 1, 2011.
270	(h)  Division of Children's Medical Services Prevention and
271	Intervention. This paragraph expires July 1, 2011, unless
272	reviewed and reenacted by the Legislature before that date.
273	(i)  Division of Information Technology. This paragraph
274	expires July 1, 2011, unless reviewed and reenacted by the
275	Legislature before that date.
276	(j)  Division of Health Access and Tobacco. This paragraph
277	expires July 1, 2011, unless reviewed and reenacted by the
278	Legislature before that date.
279	(k)  Division of Disability Determinations. This paragraph
280	expires July 1, 2011, unless reviewed and reenacted by the
281	Legislature before that date.
282	(4)(a)  The members of each board within the department
283	shall be appointed by the Governor, subject to confirmation by
284	the Senate. Consumer members on the board shall be appointed
285	pursuant to paragraph (b). Members shall be appointed for 4-year
286	terms, and such terms shall expire on October 31. However, a
287	term of less than 4 years may be used to ensure that:
288	1.  No more than two members' terms expire during the same
289	calendar year for boards consisting of seven or eight members.
290	2.  No more than 3 members' terms expire during the same
291	calendar year for boards consisting of 9 to 12 members.
292	3.  No more than 5 members' terms expire during the same
293	calendar year for boards consisting of 13 or more members.
294
295	A member whose term has expired shall continue to serve on the
296	board until such time as a replacement is appointed. A vacancy
297	on the board shall be filled for the unexpired portion of the
298	term in the same manner as the original appointment. No member
299	may serve for more than the remaining portion of a previous
300	member's unexpired term, plus two consecutive 4-year terms of
301	the member's own appointment thereafter.
302	(b)  Each board with five or more members shall have at
303	least two consumer members who are not, and have never been,
304	members or practitioners of the profession regulated by such
305	board or of any closely related profession. Each board with
306	fewer than five members shall have at least one consumer member
307	who is not, and has never been, a member or practitioner of the
308	profession regulated by such board or of any closely related
309	profession.
310	(c)  Notwithstanding any other provision of law, the
311	department is authorized to establish uniform application forms
312	and certificates of licensure for use by the boards within the
313	department. Nothing in this paragraph authorizes the department
314	to vary any substantive requirements, duties, or eligibilities
315	for licensure or certification as provided by law.
316	(5)  The department shall plan and administer authorized
317	its public health programs through its county health departments
318	and may, for administrative purposes and efficient service
319	delivery, establish multicounty up to 15 service areas to carry
320	out such duties as may be prescribed by the State Surgeon
321	General. The boundaries of the service areas shall be the same
322	as, or combinations of, the service districts of the Department
323	of Children and Family Services established in s. 20.19 and, to
324	the extent practicable, shall take into consideration the
325	boundaries of the jobs and education regional boards.
326	(6)  The State Surgeon General may and division directors
327	are authorized to appoint ad hoc advisory committees as
328	necessary to address issues relating to the responsibilities
329	delegated to the department under paragraph (1)(a). The issue or
330	problem that the ad hoc committee shall address, and the
331	timeframe within which the committee is to complete its work,
332	shall be specified at the time the committee is appointed. Ad
333	hoc advisory committees shall include representatives of groups
334	or entities affected by the issue or problem that the committee
335	is asked to examine. Members of ad hoc advisory committees shall
336	receive no compensation, but may, within existing departmental
337	resources, receive reimbursement for travel expenses as provided
338	in s. 112.061.
339	(7)  To protect and improve the public health, the
340	department may use state or federal funds to:
341	(a)  Provide incentives, including, but not limited to, the
342	promotional items listed in paragraph (b), food and including
343	food coupons, and payment for travel expenses, for encouraging
344	healthy lifestyle and disease prevention behaviors and patient
345	compliance with medical treatment, such as tuberculosis therapy
346	and smoking cessation programs. Such incentives shall be
347	intended to cause individuals to take action to improve their
348	health. Any incentive for food, food coupons, or travel expenses
349	may not exceed the limitations in s. 112.061.
350	(b)  Plan and conduct health education campaigns for the
351	purpose of protecting or improving public health. The department
352	may purchase promotional items, such as, but not limited to, t-
353	shirts, hats, sports items such as water bottles and sweat
354	bands, calendars, nutritional charts, baby bibs, growth charts,
355	and other items printed with health promotion messages, and
356	advertising, such as space on billboards or in publications or
357	radio or television time, for health information and promotional
358	messages that recognize that the following behaviors, among
359	others, are detrimental to public health: unprotected sexual
360	intercourse, other than with one's spouse; cigarette and cigar
361	smoking, use of smokeless tobacco products, and exposure to
362	environmental tobacco smoke; alcohol consumption or other
363	substance abuse during pregnancy; alcohol abuse or other
364	substance abuse; lack of exercise and poor diet and nutrition
365	habits; and failure to recognize and address a genetic tendency
366	to suffer from sickle-cell anemia, diabetes, high blood
367	pressure, cardiovascular disease, or cancer. For purposes of
368	activities under this paragraph, the Department of Health may
369	establish requirements for local matching funds or in-kind
370	contributions to create and distribute advertisements, in either
371	print or electronic format, which are concerned with each of the
372	targeted behaviors, establish an independent evaluation and
373	feedback system for the public health communication campaign,
374	and monitor and evaluate the efforts to determine which of the
375	techniques and methodologies are most effective.
376	(c)  Plan and conduct promotional campaigns to recruit
377	health professionals to be employed by the department or to
378	recruit participants in departmental programs for health
379	practitioners, such as scholarship, loan repayment, or volunteer
380	programs. To this effect the department may purchase promotional
381	items and advertising.
382	(8)  The department may hold copyrights, trademarks, and
383	service marks and enforce its rights with respect thereto,
384	except such authority does not extend to any public records
385	relating to the department's responsibilities for health care
386	practitioners regulated under part II of chapter 455.
387	(7)(9)  There is established within the Department of
388	Health the Office of Minority Health.
389	(8)(a)  Beginning in fiscal year 2010-2011, the department
390	shall initiate or commence new programs, including any new
391	federally funded or grant-supported initiative, or make changes
392	in current programs only when the Legislature expressly
393	authorizes the department to do so.
394	(b)  Beginning in fiscal year 2010-2011, prior to applying
395	for any continuation of federal or private grants, the
396	department shall request the express approval of the Legislative
397	Budget Commission. The request for approval shall provide
398	detailed information about the purpose of the grant, the prior
399	use of the grant, the reason for continuation, the intended use
400	of the continuation funds, and the number of full-time permanent
401	or temporary employees that participate in administering the
402	program funded by the grant. This paragraph is subject to the
403	notice, review, and objection procedures set forth in s.
404	216.177.
405	Section 2.  Section 381.0011, Florida Statutes, is amended
406	to read:
407	381.0011  Duties and powers of the Department of Health.-It
408	is the duty of the Department of Health to:
409	(1)  Assess the public health status and needs of the state
410	pursuant to the responsibilities delegated to the department
411	under s. 20.43 through statewide data collection and other
412	appropriate means, with special attention to future needs that
413	may result from population growth, technological advancements,
414	new societal priorities, or other changes.
415	(2)  Manage and coordinate emergency preparedness and
416	disaster response functions to: investigate and control the
417	spread of disease; coordinate the availability and staffing of
418	special needs shelters; support patient evacuation; ensure the
419	safety of food and drugs; provide critical incident stress
420	debriefing; and provide surveillance and control of
421	radiological, chemical, biological, and other environmental
422	hazards Formulate general policies affecting the public health
423	of the state.
424	(3)  Include in the department's strategic plan developed
425	under s. 186.021 a summary of all aspects of the public health
426	related to the responsibilities delegated to the department
427	under s. 20.43(1) mission and health status objectives to direct
428	the use of public health resources with an emphasis on
429	prevention.
430	(4)  Administer and enforce laws and rules relating to
431	sanitation, control of communicable diseases, and illnesses and
432	hazards to health among humans and from animals to humans, and
433	the general health of the people of the state.
434	(5)  Cooperate with and accept assistance from federal,
435	state, and local officials for the prevention and suppression of
436	communicable and other diseases, illnesses, injuries, and
437	hazards to human health and cooperate with the Federal
438	Government in enforcing public health laws and regulations.
439	(6)  Declare, enforce, modify, and abolish quarantine of
440	persons, animals, and premises as the circumstances indicate for
441	controlling communicable diseases or providing protection from
442	unsafe conditions that pose a threat to public health, except as
443	provided in ss. 384.28 and 392.545-392.60.
444	(a)  The department shall adopt rules to specify the
445	conditions and procedures for imposing and releasing a
446	quarantine. The rules must include provisions related to:
447	1.  The closure of premises.
448	2.  The movement of persons or animals exposed to or
449	infected with a communicable disease.
450	3.  The tests or treatment, including vaccination, for
451	communicable disease required prior to employment or admission
452	to the premises or to comply with a quarantine.
453	4.  Testing or destruction of animals with or suspected of
454	having a disease transmissible to humans.
455	5.  Access by the department to quarantined premises.
456	6.  The disinfection of quarantined animals, persons, or
457	premises.
458	7.  Methods of quarantine.
459	(b)  Any health regulation that restricts travel or trade
460	within the state may not be adopted or enforced in this state
461	except by authority of the department.
462	(7)  Identify, diagnose, investigate, and conduct
463	surveillance of communicable diseases in the state and promote
464	and implement interventions that prevent or limit the impact and
465	spread of disease in the state Provide for a thorough
466	investigation and study of the incidence, causes, modes of
467	propagation and transmission, and means of prevention, control,
468	and cure of diseases, illnesses, and hazards to human health.
469	(8)  Issue, as necessary and in its discretion, health
470	alerts or advisories Provide for the dissemination of
471	information to the public relative to the prevention, control,
472	and cure of diseases, illnesses, and hazards to human health.
473	The department shall conduct a workshop before issuing any
474	health alert or advisory relating to food-borne illness or
475	communicable disease in public lodging or food service
476	establishments in order to inform persons, trade associations,
477	and businesses of the risk to public health and to seek the
478	input of affected persons, trade associations, and businesses on
479	the best methods of informing and protecting the public. The
480	department shall conduct a workshop before issuing any such
481	alert or advisory, except in an emergency, in which case the
482	workshop must be held within 14 days after the issuance of the
483	emergency alert or advisory.
484	(9)  Act as registrar of vital statistics.
485	(10)  Cooperate with and assist federal health officials in
486	enforcing public health laws and regulations.
487	(11)  Cooperate with other departments, local officials,
488	and private boards and organizations for the improvement and
489	preservation of the public health.
490	(12)  Maintain a statewide injury-prevention program.
491	(10)(13)  Adopt rules pursuant to ss. 120.536(1) and 120.54
492	to implement the provisions of law conferring duties upon it.
493	This subsection does not authorize the department to require a
494	permit or license or to inspect a building or facility, unless
495	such requirement is specifically provided by law.
496	(11)(14)  Perform any other duties expressly assigned to
497	the department prescribed by law.
498	Section 3.  Subsection (16) of section 381.006, Florida
499	Statutes, is amended to read:
500	381.006  Environmental health.-The department shall conduct
501	an environmental health program as part of fulfilling the
502	state's public health mission. The purpose of this program is to
503	detect and prevent disease caused by natural and manmade factors
504	in the environment. The environmental health program shall
505	include, but not be limited to:
506	(16)  A group-care-facilities function. As used in this
507	subsection, the term, where a "group care facility" means any
508	public or private school, assisted living facility, adult
509	family-care home, adult day care center, short-term residential
510	treatment center, residential treatment facility, home for
511	special services, transitional living facility, crisis
512	stabilization unit, hospice, prescribed pediatric extended care
513	center, intermediate care facility for persons with
514	developmental disabilities, or boarding school housing, building
515	or buildings, section of a building, or distinct part of a
516	building or other place, whether operated for profit or not,
517	which undertakes, through its ownership or management, to
518	provide one or more personal services, care, protection, and
519	supervision to persons who require such services and who are not
520	related to the owner or administrator. The department may adopt
521	rules necessary to protect the health and safety of residents,
522	staff, and patrons of group care facilities. Rules related to
523	public and private schools shall be developed by, such as child
524	care facilities, family day care homes, assisted living
525	facilities, adult day care centers, adult family care homes,
526	hospices, residential treatment facilities, crisis stabilization
527	units, pediatric extended care centers, intermediate care
528	facilities for the developmentally disabled, group care homes,
529	and, jointly with the Department of Education in consultation
530	with the department, private and public schools. These Rules
531	adopted under this subsection may include definitions of terms;
532	provisions relating to operation and maintenance of facilities,
533	buildings, grounds, equipment, furnishings, and occupant-space
534	requirements; lighting; heating, cooling, and ventilation; food
535	service; water supply and plumbing; sewage; sanitary facilities;
536	insect and rodent control; garbage; safety; personnel health,
537	hygiene, and work practices; and other matters the department
538	finds are appropriate or necessary to protect the safety and
539	health of the residents, staff, students, faculty, or patrons.
540	The department may not adopt rules that conflict with rules
541	adopted by the licensing or certifying agency. The department
542	may enter and inspect at reasonable hours to determine
543	compliance with applicable statutes or rules. In addition to any
544	sanctions that the department may impose for violations of rules
545	adopted under this section, the department shall also report
546	such violations to any agency responsible for licensing or
547	certifying the group care facility. The licensing or certifying
548	agency may also impose any sanction based solely on the findings
549	of the department.
550
551	The department may adopt rules to carry out the provisions of
552	this section.
553	Section 4.  Subsections (1), (2), (3), and (6) of section
554	381.0072, Florida Statutes, are amended to read:
555	381.0072  Food service protection.-It shall be the duty of
556	the Department of Health to adopt and enforce sanitation rules
557	consistent with law to ensure the protection of the public from
558	food-borne illness. These rules shall provide the standards and
559	requirements for the storage, preparation, serving, or display
560	of food in food service establishments as defined in this
561	section and which are not permitted or licensed under chapter
562	500 or chapter 509.
563	(1)  DEFINITIONS.-As used in this section, the term:
564	(a)  "Department" means the Department of Health or its
565	representative county health department.
566	(b)  "Food service establishment" means detention
567	facilities, public or private schools, migrant labor camps,
568	assisted living facilities, adult family-care homes, adult day
569	care centers, short-term residential treatment centers,
570	residential treatment facilities, homes for special services,
571	transitional living facilities, crisis stabilization units,
572	hospices, prescribed pediatric extended care centers,
573	intermediate care facilities for persons with developmental
574	disabilities, boarding schools, civic or fraternal
575	organizations, bars and lounges, vending machines that dispense
576	potentially hazardous foods at facilities expressly named in
577	this paragraph, and facilities used as temporary food events or
578	mobile food units at any facility expressly named any facility,
579	as described in this paragraph, where food is prepared and
580	intended for individual portion service, including and includes
581	the site at which individual portions are provided,. The term
582	includes any such facility regardless of whether consumption is
583	on or off the premises and regardless of whether there is a
584	charge for the food. The term includes detention facilities,
585	child care facilities, schools, institutions, civic or fraternal
586	organizations, bars and lounges and facilities used at temporary
587	food events, mobile food units, and vending machines at any
588	facility regulated under this section. The term does not include
589	any entity not expressly named in this paragraph private homes
590	where food is prepared or served for individual family
591	consumption; nor does the term include churches, synagogues, or
592	other not-for-profit religious organizations as long as these
593	organizations serve only their members and guests and do not
594	advertise food or drink for public consumption, or any facility
595	or establishment permitted or licensed under chapter 500 or
596	chapter 509; nor does the term include any theater, if the
597	primary use is as a theater and if patron service is limited to
598	food items customarily served to the admittees of theaters; nor
599	does the term include a research and development test kitchen
600	limited to the use of employees and which is not open to the
601	general public.
602	(c)  "Operator" means the owner, operator, keeper,
603	proprietor, lessee, manager, assistant manager, agent, or
604	employee of a food service establishment.
605	(2)  DUTIES.-
606	(a)  The department may advise and consult with the Agency
607	for Health Care Administration, the Department of Business and
608	Professional Regulation, the Department of Agriculture and
609	Consumer Services, and the Department of Children and Family
610	Services concerning procedures related to the storage,
611	preparation, serving, or display of food at any building,
612	structure, or facility not expressly included in this section
613	that is inspected, licensed, or regulated by those agencies.
614	(b)(a)  The department shall adopt rules, including
615	definitions of terms which are consistent with law prescribing
616	minimum sanitation standards and manager certification
617	requirements as prescribed in s. 509.039, and which shall be
618	enforced in food service establishments as defined in this
619	section. The sanitation standards must address the construction,
620	operation, and maintenance of the establishment; lighting,
621	ventilation, laundry rooms, lockers, use and storage of toxic
622	materials and cleaning compounds, and first-aid supplies; plan
623	review; design, construction, installation, location,
624	maintenance, sanitation, and storage of food equipment and
625	utensils; employee training, health, hygiene, and work
626	practices; food supplies, preparation, storage, transportation,
627	and service, including access to the areas where food is stored
628	or prepared; and sanitary facilities and controls, including
629	water supply and sewage disposal; plumbing and toilet
630	facilities; garbage and refuse collection, storage, and
631	disposal; and vermin control. Public and private schools, if the
632	food service is operated by school employees,; hospitals
633	licensed under chapter 395; nursing homes licensed under part II
634	of chapter 400; child care facilities as defined in s. 402.301;
635	residential facilities colocated with a nursing home or
636	hospital, if all food is prepared in a central kitchen that
637	complies with nursing or hospital regulations; and bars and
638	lounges, civic organizations, and any other facility that is not
639	regulated under this section as defined by department rule, are
640	exempt from the rules developed for manager certification. The
641	department shall administer a comprehensive inspection,
642	monitoring, and sampling program to ensure such standards are
643	maintained. With respect to food service establishments
644	permitted or licensed under chapter 500 or chapter 509, the
645	department shall assist the Division of Hotels and Restaurants
646	of the Department of Business and Professional Regulation and
647	the Department of Agriculture and Consumer Services with
648	rulemaking by providing technical information.
649	(c)(b)  The department shall carry out all provisions of
650	this chapter and all other applicable laws and rules relating to
651	the inspection or regulation of food service establishments as
652	defined in this section, for the purpose of safeguarding the
653	public's health, safety, and welfare.
654	(d)(c)  The department shall inspect each food service
655	establishment as often as necessary to ensure compliance with
656	applicable laws and rules. The department shall have the right
657	of entry and access to these food service establishments at any
658	reasonable time. In inspecting food service establishments as
659	provided under this section, the department shall provide each
660	inspected establishment with the food recovery brochure
661	developed under s. 570.0725.
662	(e)(d)  The department or other appropriate regulatory
663	entity may inspect theaters exempted in subsection (1) to ensure
664	compliance with applicable laws and rules pertaining to minimum
665	sanitation standards. A fee for inspection shall be prescribed
666	by rule, but the aggregate amount charged per year per theater
667	establishment shall not exceed $300, regardless of the entity
668	providing the inspection.
669	(3)  LICENSES REQUIRED.-
670	(a)  Licenses; annual renewals.-Each food service
671	establishment regulated under this section shall obtain a
672	license from the department annually. Food service establishment
673	licenses shall expire annually and are not transferable from one
674	place or individual to another. However, those facilities
675	licensed by the department's Office of Licensure and
676	Certification, the Child Care Services Program Office, or the
677	Agency for Persons with Disabilities are exempt from this
678	subsection. It shall be a misdemeanor of the second degree,
679	punishable as provided in s. 381.0061, s. 775.082, or s.
680	775.083, for such an establishment to operate without this
681	license. The department may refuse a license, or a renewal
682	thereof, to any establishment that is not constructed or
683	maintained in accordance with law and with the rules of the
684	department. Annual application for renewal is not required.
685	(b)  Application for license.-Each person who plans to open
686	a food service establishment regulated under this section and
687	not regulated under chapter 500 or chapter 509 shall apply for
688	and receive a license prior to the commencement of operation.
689	(6)  IMMINENT DANGERS; STOP-SALE ORDERS.-
690	(a)  In the course of epidemiological investigations or for
691	those establishments regulated by the department under this
692	chapter, the department, to protect the public from food that is
693	unwholesome or otherwise unfit for human consumption, may
694	examine, sample, seize, and stop the sale or use of food to
695	determine its condition. The department may stop the sale and
696	supervise the proper destruction of food when the State Health
697	Officer or his or her designee determines that such food
698	represents a threat to the public health.
699	(b)  The department may determine that a food service
700	establishment regulated under this section is an imminent danger
701	to the public health and require its immediate closure when such
702	establishment fails to comply with applicable sanitary and
703	safety standards and, because of such failure, presents an
704	imminent threat to the public's health, safety, and welfare. The
705	department may accept inspection results from state and local
706	building and firesafety officials and other regulatory agencies
707	as justification for such actions. Any facility so deemed and
708	closed shall remain closed until allowed by the department or by
709	judicial order to reopen.
710	Section 5.  Paragraph (g) of subsection (2) of section
711	381.0101, Florida Statutes, is amended to read:
712	(2)  DEFINITIONS.-As used in this section:
713	(g)  "Primary environmental health program" means those
714	programs determined by the department is expressly authorized by
715	law to administer to be essential for providing basic
716	environmental and sanitary protection to the public. At a
717	minimum, These programs shall include food protection program
718	work at food service establishments as defined in s. 381.0072
719	and onsite sewage treatment and disposal system evaluations.
720	Section 6.  Sections 381.001, 381.04015, 401.243, 411.23,
721	411.231, and 411.232, Florida Statutes, are repealed.
722	Section 7.  Section 381.4018, Florida Statutes, is amended
723	to read:
724	381.4018  Physician workforce assessment and development.-
725	(1)  DEFINITIONS.-As used in this section, the term:
726	(a)  "Consortium" or "consortia" means a combination of
727	statutory teaching hospitals, statutory rural hospitals, other
728	hospitals, accredited medical schools, clinics operated by the
729	department, clinics operated by the Department of Veterans'
730	Affairs, area health education centers, community health
731	centers, federally qualified health centers, prison clinics,
732	local community clinics, or other programs. At least one member
733	of the consortium shall be a sponsoring institution accredited
734	or currently seeking accreditation by the Accreditation Council
735	for Graduate Medical Education or the American Osteopathic
736	Association.
737	(b)  "Council" means the Physician Workforce Advisory
738	Council.
739	(c)  "Department" means the Department of Health.
740	(d)  "Graduate medical education program" means a program
741	accredited by the Accreditation Council for Graduate Medical
742	Education or the American Osteopathic Association.
743	(e)  "Primary care specialty" means emergency medicine,
744	family practice, internal medicine, pediatrics, psychiatry,
745	obstetrics and gynecology, or combined internal medicine and
746	other primary care specialties as determined by the council or
747	the department.
748	(2)(1)  LEGISLATIVE INTENT.- The Legislature recognizes
749	that physician workforce planning is an essential component of
750	ensuring that there is an adequate and appropriate supply of
751	well-trained physicians to meet this state's future health care
752	service needs as the general population and elderly population
753	of the state increase. The Legislature finds that items to
754	consider relative to assessing the physician workforce may
755	include physician practice status; specialty mix; geographic
756	distribution; demographic information, including, but not
757	limited to, age, gender, race, and cultural considerations; and
758	needs of current or projected medically underserved areas in the
759	state. Long-term strategic planning is essential as the period
760	from the time a medical student enters medical school to
761	completion of graduate medical education may range from 7 to 10
762	years or longer. The Legislature recognizes that strategies to
763	provide for a well-trained supply of physicians must include
764	ensuring the availability and capacity of quality graduate
765	medical schools and graduate medical education programs in this
766	state, as well as using new or existing state and federal
767	programs providing incentives for physicians to practice in
768	needed specialties and in underserved areas in a manner that
769	addresses projected needs for physician manpower.
770	(3)(2)  PURPOSE.-The Department of Health shall serve as a
771	coordinating and strategic planning body to actively assess the
772	state's current and future physician workforce needs and work
773	with multiple stakeholders to develop strategies and
774	alternatives to address current and projected physician
775	workforce needs.
776	(4)(3)  GENERAL FUNCTIONS.-The department shall maximize
777	the use of existing programs under the jurisdiction of the
778	department and other state agencies and coordinate governmental
779	and nongovernmental stakeholders and resources in order to
780	develop a state strategic plan and assess the implementation of
781	such strategic plan. In developing the state strategic plan, the
782	department shall:
783	(a)  Monitor, evaluate, and report on the supply and
784	distribution of physicians licensed under chapter 458 or chapter
785	459. The department shall maintain a database to serve as a
786	statewide source of data concerning the physician workforce.
787	(b)  Develop a model and quantify, on an ongoing basis, the
788	adequacy of the state's current and future physician workforce
789	as reliable data becomes available. Such model must take into
790	account demographics, physician practice status, place of
791	education and training, generational changes, population growth,
792	economic indicators, and issues concerning the "pipeline" into
793	medical education.
794	(c)  Develop and recommend strategies to determine whether
795	the number of qualified medical school applicants who might
796	become competent, practicing physicians in this state will be
797	sufficient to meet the capacity of the state's medical schools.
798	If appropriate, the department shall, working with
799	representatives of appropriate governmental and nongovernmental
800	entities, develop strategies and recommendations and identify
801	best practice programs that introduce health care as a
802	profession and strengthen skills needed for medical school
803	admission for elementary, middle, and high school students, and
804	improve premedical education at the precollege and college level
805	in order to increase this state's potential pool of medical
806	students.
807	(d)  Develop strategies to ensure that the number of
808	graduates from the state's public and private allopathic and
809	osteopathic medical schools are adequate to meet physician
810	workforce needs, based on the analysis of the physician
811	workforce data, so as to provide a high-quality medical
812	education to students in a manner that recognizes the uniqueness
813	of each new and existing medical school in this state.
814	(e)  Pursue strategies and policies to create, expand, and
815	maintain graduate medical education positions in the state based
816	on the analysis of the physician workforce data. Such strategies
817	and policies must take into account the effect of federal
818	funding limitations on the expansion and creation of positions
819	in graduate medical education. The department shall develop
820	options to address such federal funding limitations. The
821	department shall consider options to provide direct state
822	funding for graduate medical education positions in a manner
823	that addresses requirements and needs relative to accreditation
824	of graduate medical education programs. The department shall
825	consider funding residency positions as a means of addressing
826	needed physician specialty areas, rural areas having a shortage
827	of physicians, and areas of ongoing critical need, and as a
828	means of addressing the state's physician workforce needs based
829	on an ongoing analysis of physician workforce data.
830	(f)  Develop strategies to maximize federal and state
831	programs that provide for the use of incentives to attract
832	physicians to this state or retain physicians within the state.
833	Such strategies should explore and maximize federal-state
834	partnerships that provide incentives for physicians to practice
835	in federally designated shortage areas. Strategies shall also
836	consider the use of state programs, such as the Florida Health
837	Service Corps established pursuant to s. 381.0302 and the
838	Medical Education Reimbursement and Loan Repayment Program
839	pursuant to s. 1009.65, which provide for education loan
840	repayment or loan forgiveness and provide monetary incentives
841	for physicians to relocate to underserved areas of the state.
842	(g)  Coordinate and enhance activities relative to
843	physician workforce needs, undergraduate medical education, and
844	graduate medical education provided by the Division of Medical
845	Quality Assurance, the Community Hospital Education Program and
846	the Graduate Medical Education Committee established pursuant to
847	s. 381.0403, area health education center networks established
848	pursuant to s. 381.0402, and other offices and programs within
849	the Department of Health as designated by the State Surgeon
850	General.
851	(h)  Work in conjunction with and act as a coordinating
852	body for governmental and nongovernmental stakeholders to
853	address matters relating to the state's physician workforce
854	assessment and development for the purpose of ensuring an
855	adequate supply of well-trained physicians to meet the state's
856	future needs. Such governmental stakeholders shall include, but
857	need not be limited to, the State Surgeon General or his or her
858	designee, the Commissioner of Education or his or her designee,
859	the Secretary of Health Care Administration or his or her
860	designee, and the Chancellor of the State University System or
861	his or her designee from the Board of Governors of the State
862	University System, and, at the discretion of the department,
863	other representatives of state and local agencies that are
864	involved in assessing, educating, or training the state's
865	current or future physicians. Other stakeholders shall include,
866	but need not be limited to, organizations representing the
867	state's public and private allopathic and osteopathic medical
868	schools; organizations representing hospitals and other
869	institutions providing health care, particularly those that have
870	an interest in providing accredited medical education and
871	graduate medical education to medical students and medical
872	residents; organizations representing allopathic and osteopathic
873	practicing physicians; and, at the discretion of the department,
874	representatives of other organizations or entities involved in
875	assessing, educating, or training the state's current or future
876	physicians.
877	(i)  Serve as a liaison with other states and federal
878	agencies and programs in order to enhance resources available to
879	the state's physician workforce and medical education continuum.
880	(j)  Act as a clearinghouse for collecting and
881	disseminating information concerning the physician workforce and
882	medical education continuum in this state.
883	(5)  PHYSICIAN WORKFORCE ADVISORY COUNCIL.-There is created
884	in the department the Physician Workforce Advisory Council, an
885	advisory council as defined in s. 20.03. The council shall
886	comply with the requirements of s. 20.052, except as otherwise
887	provided in this section.
888	(a)  The council shall be composed of the following 23
889	members:
890	1.  The following members appointed by the State Surgeon
891	General:
892	a.  A designee from the department.
893	b.  An individual recommended by the Area Health Education
894	Center Network.
895	c.  Two individuals recommended by the Council of Florida
896	Medical School Deans, one representing a college of allopathic
897	medicine and one representing a college of osteopathic medicine.
898	d.  Two individuals recommended by the Florida Hospital
899	Association, one representing a statutory teaching hospital and
900	one representing a hospital that is licensed under chapter 395,
901	has an accredited graduate medical education program, and is not
902	a statutory teaching hospital.
903	e.  Two individuals recommended by the Florida Medical
904	Association, one representing a primary care specialty and one
905	representing a nonprimary care specialty.
906	f.  Two individuals recommended by the Florida Osteopathic
907	Medical Association, one representing a primary care specialty
908	and one representing a nonprimary care specialty.
909	g.  Two individuals who are program directors of accredited
910	graduate medical education programs, one representing a program
911	that is accredited by the Accreditation Council for Graduate
912	Medical Education and one representing a program that is
913	accredited by the American Osteopathic Association.
914	h.  An individual recommended by the Florida Justice
915	Association.
916	i.  An individual representing a profession in the field of
917	health services administration.
918	j.  A layperson member.
919
920	Each entity authorized to make recommendations under this
921	subparagraph shall make at least two recommendations to the
922	State Surgeon General for each appointment to the council. The
923	State Surgeon General shall appoint one member for each position
924	from among the recommendations made by each authorized entity.
925	2.  The following members or designees appointed by the
926	respective agency head, legislative presiding officer, or
927	congressional delegation:
928	a.  The Commissioner of Education or his or her designee.
929	b.  The Chancellor of the State University System or his or
930	her designee.
931	c.  The Secretary of Health Care Administration or his or
932	her designee.
933	d.  The executive director of the Department of Veterans'
934	Affairs or his or her designee.
935	e.  The Secretary of Elderly Affairs or his or her
936	designee.
937	f.  The President of the Senate or his or her designee.
938	g.  The Speaker of the House of Representatives or his or
939	her designee.
940	h.  A designee of Florida's Congressional Delegation.
941	(b)  Each council member shall be appointed to a 4-year
942	term. A member may not serve more than two full terms. Any
943	council member may be removed from office for malfeasance,
944	misfeasance, neglect of duty, incompetence, permanent inability
945	to perform official duties, or pleading guilty or nolo
946	contendere to, or being found guilty of, a felony. Any council
947	member who meets the criteria for removal, or who is otherwise
948	unwilling or unable to properly fulfill the duties of the
949	office, shall be succeeded by an individual chosen by the State
950	Surgeon General to serve out the remainder of the council
951	member's term. If the remainder of the replaced council member's
952	term is less than 18 months, notwithstanding the provisions of
953	this paragraph, the succeeding council member may be reappointed
954	twice by the State Surgeon General.
955	(c)  The chair of the council is the State Surgeon General,
956	who shall designate a vice chair to serve in the absence of the
957	State Surgeon General. A vacancy shall be filled for the
958	remainder of the unexpired term in the same manner as the
959	original appointment.
960	(d)  Council members are not entitled to receive
961	compensation or reimbursement for per diem or travel expenses.
962	(e)  The council shall meet twice a year in person or by
963	teleconference.
964	(f)  The council shall:
965	1.  Advise the State Surgeon General and the department on
966	matters concerning current and future physician workforce needs
967	in this state.
968	2.  Review survey materials and the compilation of survey
969	information.
970	3.  Provide recommendations to the department for the
971	development of additional items to be incorporated in the survey
972	completed by physicians licensed under chapter 458 or chapter
973	459.
974	4.  Assist the department in preparing the annual report to
975	the Legislature pursuant to ss. 458.3192 and 459.0082.
976	5.  Assist the department in preparing an initial strategic
977	plan, conducting ongoing strategic planning in accordance with
978	this section, and providing ongoing advice on implementing the
979	recommendations.
980	6.  Monitor the need for an increased number of primary
981	care physicians to provide the necessary current and projected
982	health and medical services for the state.
983	7.  Monitor the status of graduate medical education in
984	this state, including, but not limited to, as considered
985	appropriate:
986	a.  The role of residents and medical faculty in the
987	provision of health care.
988	b.  The relationship of graduate medical education to the
989	state's physician workforce.
990	c.  The availability and use of state and federal
991	appropriated funds for graduate medical education.
992	Section 8.  Section 392.51, Florida Statutes, is amended to
993	read:
994	392.51  Findings and intent.-The Legislature finds and
995	declares that active tuberculosis is a highly contagious
996	infection that is sometimes fatal and constitutes a serious
997	threat to the public health. The Legislature finds that there is
998	a significant reservoir of tuberculosis infection in this state
999	and that there is a need to develop community programs to
1000	identify tuberculosis and to respond quickly with appropriate
1001	measures. The Legislature finds that some patients who have
1002	active tuberculosis have complex medical, social, and economic
1003	problems that make outpatient control of the disease difficult,
1004	if not impossible, without posing a threat to the public health.
1005	The Legislature finds that in order to protect the citizenry
1006	from those few persons who pose a threat to the public, it is
1007	necessary to establish a system of mandatory contact
1008	identification, treatment to cure, hospitalization, and
1009	isolation for contagious cases and to provide a system of
1010	voluntary, community-oriented care and surveillance in all other
1011	cases. The Legislature finds that the delivery of tuberculosis
1012	control services is best accomplished by the coordinated efforts
1013	of the respective county health departments, the A.G. Holley
1014	State Hospital, and the private health care delivery system.
1015	Section 9.  Subsection (5) is added to section 392.69,
1016	Florida Statutes, to read:
1017	392.69  Appropriation, sinking, and maintenance trust
1018	funds; additional powers of the department.-
1019	(5)  The department shall develop a plan that exclusively
1020	uses private and nonstate public hospitals to provide treatment
1021	to cure, hospitalization, and isolation for persons with
1022	contagious cases of tuberculosis who pose a threat to the
1023	public. The department shall submit the plan to the Governor,
1024	the President of the Senate, and the Speaker of the House of
1025	Representatives by November 1, 2010. The plan shall include the
1026	following elements:
1027	(a)  Identification of hospitals functionally capable of
1028	caring for such patients.
1029	(b)  Reimbursement for hospital inpatient services at the
1030	Medicaid rate and reimbursement for other medically necessary
1031	services that are not hospital inpatient services at the
1032	relevant Medicaid rate.
1033	(c)  Projected cost estimates.
1034	(d)  A transition plan for closing the A. G. Holley State
1035	Hospital and transferring patients to private and nonstate
1036	public hospitals over a 90-day period of time.
1037	Section 10.  Paragraph (d) of subsection (5) of section
1038	411.01, Florida Statutes, is amended to read:
1039	411.01  School readiness programs; early learning
1040	coalitions.-
1041	(5)  CREATION OF EARLY LEARNING COALITIONS.-
1042	(d)  Implementation.-
1043	1.  An early learning coalition may not implement the
1044	school readiness program until the coalition is authorized
1045	through approval of the coalition's school readiness plan by the
1046	Agency for Workforce Innovation.
1047	2.  Each early learning coalition shall develop a plan for
1048	implementing the school readiness program to meet the
1049	requirements of this section and the performance standards and
1050	outcome measures adopted by the Agency for Workforce Innovation.
1051	The plan must demonstrate how the program will ensure that each
1052	3-year-old and 4-year-old child in a publicly funded school
1053	readiness program receives scheduled activities and instruction
1054	designed to enhance the age-appropriate progress of the children
1055	in attaining the performance standards adopted by the Agency for
1056	Workforce Innovation under subparagraph (4)(d)8. Before
1057	implementing the school readiness program, the early learning
1058	coalition must submit the plan to the Agency for Workforce
1059	Innovation for approval. The Agency for Workforce Innovation may
1060	approve the plan, reject the plan, or approve the plan with
1061	conditions. The Agency for Workforce Innovation shall review
1062	school readiness plans at least annually.
1063	3.  If the Agency for Workforce Innovation determines
1064	during the annual review of school readiness plans, or through
1065	monitoring and performance evaluations conducted under paragraph
1066	(4)(l), that an early learning coalition has not substantially
1067	implemented its plan, has not substantially met the performance
1068	standards and outcome measures adopted by the agency, or has not
1069	effectively administered the school readiness program or
1070	Voluntary Prekindergarten Education Program, the Agency for
1071	Workforce Innovation may dissolve the coalition and temporarily
1072	contract with a qualified entity to continue school readiness
1073	and prekindergarten services in the coalition's county or
1074	multicounty region until the coalition is reestablished through
1075	resubmission of a school readiness plan and approval by the
1076	agency.
1077	4.  The Agency for Workforce Innovation shall adopt
1078	criteria for the approval of school readiness plans. The
1079	criteria must be consistent with the performance standards and
1080	outcome measures adopted by the agency and must require each
1081	approved plan to include the following minimum standards and
1082	provisions:
1083	a.  A sliding fee scale establishing a copayment for
1084	parents based upon their ability to pay, which is the same for
1085	all program providers, to be implemented and reflected in each
1086	program's budget.
1087	b.  A choice of settings and locations in licensed,
1088	registered, religious-exempt, or school-based programs to be
1089	provided to parents.
1090	c.  Instructional staff who have completed the training
1091	course as required in s. 402.305(2)(d)1., as well as staff who
1092	have additional training or credentials as required by the
1093	Agency for Workforce Innovation. The plan must provide a method
1094	for assuring the qualifications of all personnel in all program
1095	settings.
1096	d.  Specific eligibility priorities for children within the
1097	early learning coalition's county or multicounty region in
1098	accordance with subsection (6).
1099	e.  Performance standards and outcome measures adopted by
1100	the Agency for Workforce Innovation.
1101	f.  Payment rates adopted by the early learning coalition
1102	and approved by the Agency for Workforce Innovation. Payment
1103	rates may not have the effect of limiting parental choice or
1104	creating standards or levels of services that have not been
1105	authorized by the Legislature.
1106	g.  Systems support services, including a central agency,
1107	child care resource and referral, eligibility determinations,
1108	training of providers, and parent support and involvement.
1109	h.  Direct enhancement services to families and children.
1110	System support and direct enhancement services shall be in
1111	addition to payments for the placement of children in school
1112	readiness programs.
1113	i.  The business organization of the early learning
1114	coalition, which must include the coalition's articles of
1115	incorporation and bylaws if the coalition is organized as a
1116	corporation. If the coalition is not organized as a corporation
1117	or other business entity, the plan must include the contract
1118	with a fiscal agent. An early learning coalition may contract
1119	with other coalitions to achieve efficiency in multicounty
1120	services, and these contracts may be part of the coalition's
1121	school readiness plan.
1122	j.  Strategies to meet the needs of unique populations,
1123	such as migrant workers.
1124
1125	As part of the school readiness plan, the early learning
1126	coalition may request the Governor to apply for a waiver to
1127	allow the coalition to administer the Head Start Program to
1128	accomplish the purposes of the school readiness program. If a
1129	school readiness plan demonstrates that specific statutory goals
1130	can be achieved more effectively by using procedures that
1131	require modification of existing rules, policies, or procedures,
1132	a request for a waiver to the Agency for Workforce Innovation
1133	may be submitted as part of the plan. Upon review, the Agency
1134	for Workforce Innovation may grant the proposed modification.
1135	5.  Persons with an early childhood teaching certificate
1136	may provide support and supervision to other staff in the school
1137	readiness program.
1138	6.  An early learning coalition may not implement its
1139	school readiness plan until it submits the plan to and receives
1140	approval from the Agency for Workforce Innovation. Once the plan
1141	is approved, the plan and the services provided under the plan
1142	shall be controlled by the early learning coalition. The plan
1143	shall be reviewed and revised as necessary, but at least
1144	biennially. An early learning coalition may not implement the
1145	revisions until the coalition submits the revised plan to and
1146	receives approval from the Agency for Workforce Innovation. If
1147	the Agency for Workforce Innovation rejects a revised plan, the
1148	coalition must continue to operate under its prior approved
1149	plan.
1150	7.  Sections 125.901(2)(a)3. and, 411.221, and 411.232 do
1151	not apply to an early learning coalition with an approved school
1152	readiness plan. To facilitate innovative practices and to allow
1153	the regional establishment of school readiness programs, an
1154	early learning coalition may apply to the Governor and Cabinet
1155	for a waiver of, and the Governor and Cabinet may waive, any of
1156	the provisions of ss. 411.223, 411.232, and 1003.54, if the
1157	waiver is necessary for implementation of the coalition's school
1158	readiness plan.
1159	8.  Two or more counties may join for purposes of planning
1160	and implementing a school readiness program.
1161	9.  An early learning coalition may, subject to approval by
1162	the Agency for Workforce Innovation as part of the coalition's
1163	school readiness plan, receive subsidized child care funds for
1164	all children eligible for any federal subsidized child care
1165	program.
1166	10.  An early learning coalition may enter into multiparty
1167	contracts with multicounty service providers in order to meet
1168	the needs of unique populations such as migrant workers.
1169	Section 11.  Paragraphs (f) and (g) of subsection (2) of
1170	section 411.224, Florida Statutes, are redesignated as
1171	paragraphs (e) and (f), respectively, and present paragraph (e)
1172	of that subsection is amended to read:
1173	411.224  Family support planning process.-The Legislature
1174	establishes a family support planning process to be used by the
1175	Department of Children and Family Services as the service
1176	planning process for targeted individuals, children, and
1177	families under its purview.
1178	(2)  To the extent possible within existing resources, the
1179	following populations must be included in the family support
1180	planning process:
1181	(e)  Participants who are served by the Children's Early
1182	Investment Program established in s. 411.232.
1183	Section 12.  Section 458.3192, Florida Statutes, is amended
1184	to read:
1185	458.3192  Analysis of survey results; report.-
1186	(1)  Each year, the Department of Health shall analyze the
1187	results of the physician survey required by s. 458.3191 and
1188	determine by geographic area and specialty the number of
1189	physicians who:
1190	(a)  Perform deliveries of children in this state Florida.
1191	(b)  Read mammograms and perform breast-imaging-guided
1192	procedures in this state Florida.
1193	(c)  Perform emergency care on an on-call basis for a
1194	hospital emergency department.
1195	(d)  Plan to reduce or increase emergency on-call hours in
1196	a hospital emergency department.
1197	(e)  Plan to relocate their allopathic or osteopathic
1198	practice outside the state.
1199	(f)  Practice medicine in this state.
1200	(g)  Reduce or modify the scope of their practice.
1201	(2)  The Department of Health must report its findings to
1202	the Governor, the President of the Senate, and the Speaker of
1203	the House of Representatives by November 1 each year. The
1204	department may also include in its report findings,
1205	recommendations, or other information requested by the council.
1206	Section 13.  Section 459.0082, Florida Statutes, is amended
1207	to read:
1208	459.0082  Analysis of survey results; report.-
1209	(1)  Each year, the Department of Health shall analyze the
1210	results of the physician survey required by s. 459.0081 and
1211	determine by geographic area and specialty the number of
1212	physicians who:
1213	(a)  Perform deliveries of children in this state Florida.
1214	(b)  Read mammograms and perform breast-imaging-guided
1215	procedures in this state Florida.
1216	(c)  Perform emergency care on an on-call basis for a
1217	hospital emergency department.
1218	(d)  Plan to reduce or increase emergency on-call hours in
1219	a hospital emergency department.
1220	(e)  Plan to relocate their allopathic or osteopathic
1221	practice outside the state.
1222	(f)  Practice medicine in this state.
1223	(g)  Reduce or modify the scope of their practice.
1224	(2)  The Department of Health must report its findings to
1225	the Governor, the President of the Senate, and the Speaker of
1226	the House of Representatives by November 1 each year. The
1227	department may also include in its report findings,
1228	recommendations, or other information requested by the council.
1229	Section 14.  Paragraph (q) of subsection (2) of section
1230	499.01, Florida Statutes, is amended to read:
1231	499.01  Permits.-
1232	(2)  The following permits are established:
1233	(q)  Device manufacturer permit.-
1234	1.  A device manufacturer permit is required for any person
1235	that engages in the manufacture, repackaging, or assembly of
1236	medical devices for human use in this state, except that a
1237	permit is not required if:
1238	a.  The person is engaged only in manufacturing,
1239	repackaging, or assembling a medical device pursuant to a
1240	practitioner's order for a specific patient; or
1241	b.  The person does not manufacture, repackage, or assemble
1242	any medical devices or components for such devices, except those
1243	devices or components which are exempt from registration
1244	pursuant to s. 499.015(8).
1245	2.1.  A manufacturer or repackager of medical devices in
1246	this state must comply with all appropriate state and federal
1247	good manufacturing practices and quality system rules.
1248	3.2.  The department shall adopt rules related to storage,
1249	handling, and recordkeeping requirements for manufacturers of
1250	medical devices for human use.
1251	Section 15.  Paragraph (i) is added to subsection (3) of
1252	section 499.01212, Florida Statutes, to read:
1253	499.01212  Pedigree paper.-
1254	(3)  EXCEPTIONS.-A pedigree paper is not required for:
1255	(i)  The wholesale distribution of prescription drugs that
1256	are contained within a sealed medical convenience kit provided
1257	that:
1258	1.  The medical convenience kit is assembled in an
1259	establishment that is registered as a medical device
1260	manufacturer with the Food and Drug Administration; and
1261	2.  The medical convenience kit does not contain any
1262	controlled substance that appears in any schedule contained in
1263	or subject to chapter 893 or the federal Comprehensive Drug
1264	Abuse Prevention and Control Act of 1970.
1265	Section 16.  Section 499.029, Florida Statutes, is amended
1266	to read:
1267	499.029  Prescription Cancer Drug Donation Program.-
1268	(1)  This section may be cited as the Prescription "Cancer
1269	Drug Donation Program Act."
1270	(2)  There is created a Prescription Cancer Drug Donation
1271	Program within the department for the purpose of authorizing and
1272	facilitating the donation of prescription cancer drugs and
1273	supplies to eligible patients.
1274	(3)  As used in this section, the term:
1275	(a)  "Cancer drug" means a prescription drug that has been
1276	approved under s. 505 of the federal Food, Drug, and Cosmetic
1277	Act and is used to treat cancer or its side effects or is used
1278	to treat the side effects of a prescription drug used to treat
1279	cancer or its side effects. "Cancer drug" does not include a
1280	substance listed in Schedule II, Schedule III, Schedule IV, or
1281	Schedule V of s. 893.03.
1282	(a)(b)  "Closed drug delivery system" means a system in
1283	which the actual control of the unit-dose medication package is
1284	maintained by the facility rather than by the individual
1285	patient.
1286	(b)  "Dispensing practitioner" means a practitioner
1287	registered under s. 465.0276.
1288	(c)  "Donor" means a patient or patient representative who
1289	donates prescription cancer drugs or supplies needed to
1290	administer prescription cancer drugs that have been maintained
1291	within a closed drug delivery system; health care facilities,
1292	nursing homes, hospices, or hospitals with closed drug delivery
1293	systems; or pharmacies, prescription drug manufacturers, medical
1294	device manufacturers or suppliers, or wholesalers of
1295	prescription drugs or supplies, in accordance with this section.
1296	The term "donor" includes a physician licensed under chapter 458
1297	or chapter 459 who receives prescription cancer drugs or
1298	supplies directly from a drug manufacturer, wholesale
1299	distributor, or pharmacy.
1300	(d)  "Eligible patient" means a person who the department
1301	determines is eligible to receive prescription cancer drugs from
1302	the program.
1303	(e)  "Participant facility" means a class II hospital
1304	pharmacy or dispensing practitioner that has elected to
1305	participate in the program and that accepts donated prescription
1306	cancer drugs and supplies under the rules adopted by the
1307	department for the program.
1308	(f)  "Prescribing practitioner" means a physician licensed
1309	under chapter 458 or chapter 459 or any other medical
1310	professional with authority under state law to prescribe drugs
1311	cancer medication.
1312	(g)  "Prescription drug" does not include a substance
1313	listed in Schedule II, Schedule III, Schedule IV, or Schedule V
1314	of s. 893.03.
1315	(h)(g)  "Program" means the Prescription Cancer Drug
1316	Donation Program created by this section.
1317	(i)(h)  "Supplies" means any supplies used in the
1318	administration of a prescription cancer drug.
1319	(4)  Any donor may donate prescription cancer drugs or
1320	supplies to a participant facility that elects to participate in
1321	the program and meets criteria established by the department for
1322	such participation. Prescription Cancer drugs or supplies may
1323	not be donated to a specific cancer patient, and donated
1324	prescription drugs or supplies may not be resold by the
1325	participant program. Prescription Cancer drugs billed to and
1326	paid for by Medicaid in long-term care facilities that are
1327	eligible for return to stock under federal Medicaid regulations
1328	shall be credited to Medicaid and are not eligible for donation
1329	under the program. A participant facility may provide dispensing
1330	and counseling consulting services to individuals who are not
1331	patients of the participant hospital.
1332	(5)  The prescription cancer drugs or supplies donated to
1333	the program may be prescribed only by a prescribing practitioner
1334	for use by an eligible patient and may be dispensed only by a
1335	pharmacist or a dispensing practitioner.
1336	(6)(a)  A prescription cancer drug may only be accepted or
1337	dispensed under the program if the drug is in its original,
1338	unopened, sealed container, or in a tamper-evident unit-dose
1339	packaging, except that a prescription cancer drug packaged in
1340	single-unit doses may be accepted and dispensed if the outside
1341	packaging is opened but the single-unit-dose packaging is
1342	unopened with tamper-resistant packaging intact.
1343	(b)  A prescription cancer drug may not be accepted or
1344	dispensed under the program if the drug bears an expiration date
1345	that is less than 6 months after the date the drug was donated
1346	or if the drug appears to have been tampered with or mislabeled
1347	as determined in paragraph (c).
1348	(c)  Before Prior to being dispensed to an eligible
1349	patient, the prescription cancer drug or supplies donated under
1350	the program shall be inspected by a pharmacist or dispensing
1351	practitioner to determine that the drug and supplies do not
1352	appear to have been tampered with or mislabeled.
1353	(d)  A dispenser of donated prescription cancer drugs or
1354	supplies may not submit a claim or otherwise seek reimbursement
1355	from any public or private third-party payor for donated
1356	prescription cancer drugs or supplies dispensed to any patient
1357	under the program, and a public or private third-party payor is
1358	not required to provide reimbursement to a dispenser for donated
1359	prescription cancer drugs or supplies dispensed to any patient
1360	under the program.
1361	(7)(a)  A donation of prescription cancer drugs or supplies
1362	shall be made only at a participant's participant facility. A
1363	participant facility may decline to accept a donation. A
1364	participant facility that accepts donated prescription cancer
1365	drugs or supplies under the program shall comply with all
1366	applicable provisions of state and federal law relating to the
1367	storage and dispensing of the donated prescription cancer drugs
1368	or supplies.
1369	(b)  A participant facility that voluntarily takes part in
1370	the program may charge a handling fee sufficient to cover the
1371	cost of preparation and dispensing of prescription cancer drugs
1372	or supplies under the program. The fee shall be established in
1373	rules adopted by the department.
1374	(8)  The department, upon the recommendation of the Board
1375	of Pharmacy, shall adopt rules to carry out the provisions of
1376	this section. Initial rules under this section shall be adopted
1377	no later than 90 days after the effective date of this act. The
1378	rules shall include, but not be limited to:
1379	(a)  Eligibility criteria, including a method to determine
1380	priority of eligible patients under the program.
1381	(b)  Standards and procedures for participants participant
1382	facilities that accept, store, distribute, or dispense donated
1383	prescription cancer drugs or supplies.
1384	(c)  Necessary forms for administration of the program,
1385	including, but not limited to, forms for use by entities that
1386	donate, accept, distribute, or dispense prescription cancer
1387	drugs or supplies under the program.
1388	(d)  The maximum handling fee that may be charged by a
1389	participant facility that accepts and distributes or dispenses
1390	donated prescription cancer drugs or supplies.
1391	(e)  Categories of prescription cancer drugs and supplies
1392	that the program will accept for dispensing; however, the
1393	department may exclude any drug based on its therapeutic
1394	effectiveness or high potential for abuse or diversion.
1395	(f)  Maintenance and distribution of the participant
1396	facility registry established in subsection (10).
1397	(9)  A person who is eligible to receive prescription
1398	cancer drugs or supplies under the state Medicaid program or
1399	under any other prescription drug program funded in whole or in
1400	part by the state, by any other prescription drug program funded
1401	in whole or in part by the Federal Government, or by any other
1402	prescription drug program offered by a third-party insurer,
1403	unless benefits have been exhausted, or a certain prescription
1404	cancer drug or supply is not covered by the prescription drug
1405	program, is ineligible to participate in the program created
1406	under this section.
1407	(10)  The department shall establish and maintain a
1408	participant facility registry for the program. The participant
1409	facility registry shall include the participant's participant
1410	facility's name, address, and telephone number. The department
1411	shall make the participant facility registry available on the
1412	department's website to any donor wishing to donate prescription
1413	cancer drugs or supplies to the program. The department's
1414	website shall also contain links to prescription cancer drug
1415	manufacturers that offer drug assistance programs or free
1416	medication.
1417	(11)  Any donor of prescription cancer drugs or supplies,
1418	or any participant in the program, who exercises reasonable care
1419	in donating, accepting, distributing, or dispensing prescription
1420	cancer drugs or supplies under the program and the rules adopted
1421	under this section shall be immune from civil or criminal
1422	liability and from professional disciplinary action of any kind
1423	for any injury, death, or loss to person or property relating to
1424	such activities.
1425	(12)  A pharmaceutical manufacturer is not liable for any
1426	claim or injury arising from the transfer of any prescription
1427	cancer drug under this section, including, but not limited to,
1428	liability for failure to transfer or communicate product or
1429	consumer information regarding the transferred drug, as well as
1430	the expiration date of the transferred drug.
1431	(13)  If any conflict exists between the provisions in this
1432	section and the provisions in this chapter or chapter 465, the
1433	provisions in this section shall control the operation of the
1434	Cancer Drug Donation program.
1435	Section 17.  Subsections (4) and (5) of section 509.013,
1436	Florida Statutes, are amended to read:
1437	509.013  Definitions.-As used in this chapter, the term:
1438	(4)(a)  "Public lodging establishment" includes a transient
1439	public lodging establishment as defined in subparagraph 1. and a
1440	nontransient public lodging establishment as defined in
1441	subparagraph 2.
1442	1.  "Transient public lodging establishment" means any
1443	unit, group of units, dwelling, building, or group of buildings
1444	within a single complex of buildings which is rented to guests
1445	more than three times in a calendar year for periods of less
1446	than 30 days or 1 calendar month, whichever is less, or which is
1447	advertised or held out to the public as a place regularly rented
1448	to guests.
1449	2.  "Nontransient public lodging establishment" means any
1450	unit, group of units, dwelling, building, or group of buildings
1451	within a single complex of buildings which is rented to guests
1452	for periods of at least 30 days or 1 calendar month, whichever
1453	is less, or which is advertised or held out to the public as a
1454	place regularly rented to guests for periods of at least 30 days
1455	or 1 calendar month.
1456
1457	License classifications of public lodging establishments, and
1458	the definitions therefor, are set out in s. 509.242. For the
1459	purpose of licensure, the term does not include condominium
1460	common elements as defined in s. 718.103.
1461	(b)  The following are excluded from the definitions in
1462	paragraph (a):
1463	1.  Any dormitory or other living or sleeping facility
1464	maintained by a public or private school, college, or university
1465	for the use of students, faculty, or visitors;
1466	2.  Any facility certified or licensed and regulated by the
1467	Agency for Health Care Administration or the Department of
1468	Children and Family Services hospital, nursing home, sanitarium,
1469	assisted living facility, or other similar place regulated under
1470	s. 381.0072;
1471	3.  Any place renting four rental units or less, unless the
1472	rental units are advertised or held out to the public to be
1473	places that are regularly rented to transients;
1474	4.  Any unit or group of units in a condominium,
1475	cooperative, or timeshare plan and any individually or
1476	collectively owned one-family, two-family, three-family, or
1477	four-family dwelling house or dwelling unit that is rented for
1478	periods of at least 30 days or 1 calendar month, whichever is
1479	less, and that is not advertised or held out to the public as a
1480	place regularly rented for periods of less than 1 calendar
1481	month, provided that no more than four rental units within a
1482	single complex of buildings are available for rent;
1483	5.  Any migrant labor camp or residential migrant housing
1484	permitted by the Department of Health; under ss. 381.008-
1485	381.00895; and
1486	6.  Any establishment inspected by the Department of Health
1487	and regulated by chapter 513.
1488	(5)(a)  "Public food service establishment" means any
1489	building, vehicle, place, or structure, or any room or division
1490	in a building, vehicle, place, or structure where food is
1491	prepared, served, or sold for immediate consumption on or in the
1492	vicinity of the premises; called for or taken out by customers;
1493	or prepared prior to being delivered to another location for
1494	consumption.
1495	(b)  The following are excluded from the definition in
1496	paragraph (a):
1497	1.  Any place maintained and operated by a public or
1498	private school, college, or university:
1499	a.  For the use of students and faculty; or
1500	b.  Temporarily to serve such events as fairs, carnivals,
1501	and athletic contests.
1502	2.  Any eating place maintained and operated by a church or
1503	a religious, nonprofit fraternal, or nonprofit civic
1504	organization:
1505	a.  For the use of members and associates; or
1506	b.  Temporarily to serve such events as fairs, carnivals,
1507	or athletic contests.
1508	3.  Any eating place located on an airplane, train, bus, or
1509	watercraft which is a common carrier.
1510	4.  Any eating place maintained by a facility certified or
1511	licensed and regulated by the Agency for Health Care
1512	Administration or the Department of Children and Family Services
1513	hospital, nursing home, sanitarium, assisted living facility,
1514	adult day care center, or other similar place that is regulated
1515	under s. 381.0072.
1516	5.  Any place of business issued a permit or inspected by
1517	the Department of Agriculture and Consumer Services under s.
1518	500.12.
1519	6.  Any place of business where the food available for
1520	consumption is limited to ice, beverages with or without
1521	garnishment, popcorn, or prepackaged items sold without
1522	additions or preparation.
1523	7.  Any theater, if the primary use is as a theater and if
1524	patron service is limited to food items customarily served to
1525	the admittees of theaters.
1526	8.  Any vending machine that dispenses any food or
1527	beverages other than potentially hazardous foods, as defined by
1528	division rule.
1529	9.  Any vending machine that dispenses potentially
1530	hazardous food and which is located in a facility regulated
1531	under s. 381.0072.
1532	10.  Any research and development test kitchen limited to
1533	the use of employees and which is not open to the general
1534	public.
1535	Section 18.  (1)  All of the statutory powers, duties, and
1536	functions, records, personnel, property, and unexpended balances
1537	of appropriations, allocations, or other funds for the
1538	administration of part I of chapter 499, Florida Statutes,
1539	relating to drugs, devices, cosmetics, and household products
1540	shall be transferred by a type two transfer, as defined in s.
1541	20.06(2), Florida Statutes, from the Department of Health to the
1542	Department of Business and Professional Regulation.
1543	(2)  The transfer of regulatory authority under part I of
1544	chapter 499, Florida Statutes, provided by this section shall
1545	not affect the validity of any judicial or administrative action
1546	pending as of 11:59 p.m. on the day before the effective date of
1547	this section to which the Department of Health is at that time a
1548	party, and the Department of Business and Professional
1549	Regulation shall be substituted as a party in interest in any
1550	such action.
1551	(3)  All lawful orders issued by the Department of Health
1552	implementing or enforcing or otherwise in regard to any
1553	provision of part I of chapter 499, Florida Statutes, issued
1554	prior to the effective date of this section shall remain in
1555	effect and be enforceable after the effective date of this
1556	section unless thereafter modified in accordance with law.
1557	(4)  The rules of the Department of Health relating to the
1558	implementation of part I of chapter 499, Florida Statutes, that
1559	were in effect at 11:59 p.m. on the day prior to the effective
1560	date of this section shall become the rules of the Department of
1561	Business and Professional Regulation and shall remain in effect
1562	until amended or repealed in the manner provided by law.
1563	(5)  Notwithstanding the transfer of regulatory authority
1564	under part I of chapter 499, Florida Statutes, provided by this
1565	section, persons and entities holding in good standing any
1566	permit under part I of chapter 499, Florida Statutes, as of
1567	11:59 p.m. on the day prior to the effective date of this
1568	section shall, as of the effective date of this section, be
1569	deemed to hold in good standing a permit in the same capacity as
1570	that for which the permit was formerly issued.
1571	(6)  Notwithstanding the transfer of regulatory authority
1572	under part I of chapter 499, Florida Statutes, provided by this
1573	section, persons holding in good standing any certification
1574	under part I of chapter 499, Florida Statutes, as of 11:59 p.m.
1575	on the day prior to the effective date of this section shall, as
1576	of the effective date of this section, be deemed to be certified
1577	in the same capacity in which they were formerly certified.
1578	(7)  This section shall take effect July 1, 2011.
1579	Section 19.  (1)  All of the statutory powers, duties, and
1580	functions, records, personnel, property, and unexpended balances
1581	of appropriations, allocations, or other funds for the
1582	administration of the boards and professions established within
1583	the Division of Medical Quality Assurance as specified in s.
1584	20.43(3)(g), Florida Statutes, shall be transferred by a type
1585	two transfer, as defined in s. 20.06(2), Florida Statutes, from
1586	the Department of Health to the Department of Business and
1587	Professional Regulation.
1588	(2)  The transfer of regulatory authority of the Division
1589	of Medical Quality Assurance provided by this section shall not
1590	affect the validity of any judicial or administrative action
1591	pending as of 11:59 p.m. on the day before the effective date of
1592	this section to which the Department of Health is at that time a
1593	party, and the Department of Business and Professional
1594	Regulation shall be substituted as a party in interest in any
1595	such action.
1596	(3)  All lawful orders issued by the Department of Health
1597	implementing or enforcing or otherwise in regard to any function
1598	of the Division of Medical Quality Assurance issued prior to the
1599	effective date of this section shall remain in effect and be
1600	enforceable after the effective date of this section unless
1601	thereafter modified in accordance with law.
1602	(4)  The rules of the Department of Health relating to the
1603	implementation of statutory directives administered by the
1604	Division of Medical Quality Assurance that were in effect at
1605	11:59 p.m. on the day prior to the effective date of this
1606	section shall become the rules of the Department of Business and
1607	Professional Regulation and shall remain in effect until amended
1608	or repealed in the manner provided by law.
1609	(5)  Notwithstanding the transfer of regulatory authority
1610	of the Division of Medical Quality Assurance provided by this
1611	section, persons and entities holding in good standing any
1612	license or permit issued by the Division of Medical Quality
1613	Assurance as of 11:59 p.m. on the day prior to the effective
1614	date of this section shall, as of the effective date of this
1615	section, be deemed to hold in good standing a permit in the same
1616	capacity as that for which the permit was formerly issued.
1617	(6)  Notwithstanding the transfer of regulatory authority
1618	of the Division of Medical Quality Assurance provided by this
1619	section, persons holding in good standing any certification
1620	issued by the Division of Medical Quality Assurance as of 11:59
1621	p.m. on the day prior to the effective date of this section
1622	shall, as of the effective date of this section, be deemed to be
1623	certified in the same capacity in which they were formerly
1624	certified.
1625	(7)  This section shall take effect July 1, 2011.
1626	Section 20.  Except as otherwise expressly provided in this
1627	act, this act shall take effect July 1, 2010.

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