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 s. 456.074, F.S.; requiring the Secretary of
58	Business and Professional Regulation to consult with the
59	State Surgeon General before issuing an emergency
60	suspension order for certain licensed providers; providing
61	a deadline for the recommendation; amending ss. 458.3192
62	and 459.0082, F.S.; requiring the department to determine
63	by geographic area and specialty the number of physicians
64	who plan to relocate outside the state, practice medicine
65	in this state, and reduce or modify the scope of their
66	practice; authorizing the department to include additional
67	information in its report to the Governor and Legislature;
68	amending s. 499.003, F.S.; defining the term "medical
69	convenience kit" for purposes of pt. I of ch. 499, F.S.;
70	conforming cross-references; amending s. 499.01, F.S.;
71	creating an exemption from device manufacturer permits for
72	certain persons; amending s. 499.01212, F.S.; exempting
73	specified prescription drugs from pedigree paper
74	requirements under certain circumstances; amending s.
75	499.029, F.S.; renaming the Cancer Drug Donation Program
76	as the Prescription Drug Donation Program; revising
77	definitions; expanding the drugs and supplies that may be
78	donated under the program; expanding the types of
79	facilities and practitioners that may participate in the
80	program; conforming provisions to changes in terminology;
81	amending s. 509.013, F.S.; revising the definitions of the
82	terms "public lodging establishment" and "public food
83	establishment"; transferring and reassigning certain
84	functions and responsibilities, including records,
85	personnel, property, and unexpended balances of
86	appropriations and other resources, from the Department of
87	Health to the Department of Business and Professional
88	Regulation by a type two transfer; providing for the
89	continued validity of pending judicial or administrative
90	actions to which the Department of Health is a party;
91	providing for the continued validity of lawful orders
92	issued by the Department of Health; transferring rules
93	created by the Department of Health to the Department of
94	Business and Professional Regulation; providing for the
95	continued validity of permits and certifications issued by
96	the Department of Health; providing effective dates.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Section 20.43, Florida Statutes, is amended to
101	read:
102	20.43  Department of Health.-There is created a Department
103	of Health.
104	(1)(a)  The purpose of the Department of Health is
105	responsible for to promote and protect the health of all
106	residents and visitors in the state through organized state and
107	community efforts, including cooperative agreements with
108	counties. The department shall:
109	1.(a)  Identifying, diagnosing, investigating, and
110	conducting surveillance of communicable diseases in the state
111	Prevent to the fullest extent possible, the occurrence and
112	progression of communicable and noncommunicable diseases and
113	disabilities.
114	2.(b)  Maintaining Maintain a constant surveillance of
115	disease occurrence and accumulating accumulate health statistics
116	necessary to establish disease trends and to design health
117	programs.
118	3.  Implementing interventions that prevent or limit the
119	impact or spread of disease in the state.
120	4.(c)  Maintaining and coordinating preparedness for and
121	responses to public health emergencies in the state Conduct
122	special studies of the causes of diseases and formulate
123	preventive strategies.
124	5.(d)  Regulating environmental activities that have a
125	direct impact on public health in the state Promote the
126	maintenance and improvement of the environment as it affects
127	public health.
128	6.(e)  Administering and providing health and related
129	services for targeted populations in the state Promote the
130	maintenance and improvement of health in the residents of the
131	state.
132	7.(f)  Collecting, managing, and analyzing vital statistics
133	data in the state Provide leadership, in cooperation with the
134	public and private sectors, in establishing statewide and
135	community public health delivery systems.
136	(g)  Provide health care and early intervention services to
137	infants, toddlers, children, adolescents, and high-risk
138	perinatal patients who are at risk for disabling conditions or
139	have chronic illnesses.
140	(h)  Provide services to abused and neglected children
141	through child protection teams and sexual abuse treatment
142	programs.
143	(i)  Develop working associations with all agencies and
144	organizations involved and interested in health and health care
145	delivery.
146	(j)  Analyze trends in the evolution of health systems, and
147	identify and promote the use of innovative, cost-effective
148	health delivery systems.
149	(k)  Serve as the statewide repository of all aggregate
150	data accumulated by state agencies related to health care;
151	analyze that data and issue periodic reports and policy
152	statements, as appropriate; require that all aggregated data be
153	kept in a manner that promotes easy utilization by the public,
154	state agencies, and all other interested parties; provide
155	technical assistance as required; and work cooperatively with
156	the state's higher education programs to promote further study
157	and analysis of health care systems and health care outcomes.
158	(l)  Include in the department's strategic plan developed
159	under s. 186.021 an assessment of current health programs,
160	systems, and costs; projections of future problems and
161	opportunities; and recommended changes that are needed in the
162	health care system to improve the public health.
163	8.(m)  Regulating Regulate health practitioners, to the
164	extent authorized by the Legislature, as necessary for the
165	preservation of the health, safety, and welfare of the public.
166	This subparagraph expires on July 1, 2011.
167	(b)  By November 1, 2010, the department shall submit a
168	proposal to the President of the Senate, the Speaker of the
169	House of Representatives, and the appropriate substantive
170	legislative committees for a new department structure based upon
171	the responsibilities delegated under paragraph (a). The proposal
172	shall include reductions in the number of departmental bureaus
173	and divisions and limits on the number of executive positions in
174	a manner that enables the department to fulfill the
175	responsibilities delegated under paragraph (a). The department
176	shall identify existing functions and activities that are
177	inconsistent with the responsibilities delegated under paragraph
178	(a) and shall provide a job description for each bureau chief
179	and division director position proposed for retention.
180	(2)(a)  The head of the Department of Health is the State
181	Surgeon General and State Health Officer. The State Surgeon
182	General must be a physician licensed under chapter 458 or
183	chapter 459 who has advanced training or extensive experience in
184	public health administration. The State Surgeon General is
185	appointed by the Governor subject to confirmation by the Senate.
186	The State Surgeon General serves at the pleasure of the
187	Governor. The State Surgeon General shall manage the department
188	as it carries out the responsibilities delegated under paragraph
189	(1)(a) serve as the leading voice on wellness and disease
190	prevention efforts, including the promotion of healthful
191	lifestyles, immunization practices, health literacy, and the
192	assessment and promotion of the physician and health care
193	workforce in order to meet the health care needs of the state.
194	The State Surgeon General shall focus on advocating healthy
195	lifestyles, developing public health policy, and building
196	collaborative partnerships with schools, businesses, health care
197	practitioners, community-based organizations, and public and
198	private institutions in order to promote health literacy and
199	optimum quality of life for all Floridians.
200	(b)  The Officer of Women's Health Strategy is established
201	within the Department of Health and shall report directly to the
202	State Surgeon General.
203	(3)  The following divisions of the Department of Health
204	are established:
205	(a)  Division of Administration. This paragraph expires
206	July 1, 2011, unless reviewed and reenacted by the Legislature
207	before that date.
208	(b)  Division of Environmental Health. This paragraph
209	expires July 1, 2011, unless reviewed and reenacted by the
210	Legislature before that date.
211	(c)  Division of Disease Control. This paragraph expires
212	July 1, 2011, unless reviewed and reenacted by the Legislature
213	before that date.
214	(d)  Division of Family Health Services. This paragraph
215	expires July 1, 2011, unless reviewed and reenacted by the
216	Legislature before that date.
217	(e)  Division of Children's Medical Services Network. This
218	paragraph expires July 1, 2011, unless reviewed and reenacted by
219	the Legislature before that date.
220	(f)  Division of Emergency Medical Operations. This
221	paragraph expires July 1, 2011, unless reviewed and reenacted by
222	the Legislature before that date.
223	(g)  Division of Medical Quality Assurance, which is
224	responsible for the following boards and professions established
225	within the division:
226	1.  The Board of Acupuncture, created under chapter 457.
227	2.  The Board of Medicine, created under chapter 458.
228	3.  The Board of Osteopathic Medicine, created under
229	chapter 459.
230	4.  The Board of Chiropractic Medicine, created under
231	chapter 460.
232	5.  The Board of Podiatric Medicine, created under chapter
233	461.
234	6.  Naturopathy, as provided under chapter 462.
235	7.  The Board of Optometry, created under chapter 463.
236	8.  The Board of Nursing, created under part I of chapter
237	464.
238	9.  Nursing assistants, as provided under part II of
239	chapter 464.
240	10.  The Board of Pharmacy, created under chapter 465.
241	11.  The Board of Dentistry, created under chapter 466.
242	12.  Midwifery, as provided under chapter 467.
243	13.  The Board of Speech-Language Pathology and Audiology,
244	created under part I of chapter 468.
245	14.  The Board of Nursing Home Administrators, created
246	under part II of chapter 468.
247	15.  The Board of Occupational Therapy, created under part
248	III of chapter 468.
249	16.  Respiratory therapy, as provided under part V of
250	chapter 468.
251	17.  Dietetics and nutrition practice, as provided under
252	part X of chapter 468.
253	18.  The Board of Athletic Training, created under part
254	XIII of chapter 468.
255	19.  The Board of Orthotists and Prosthetists, created
256	under part XIV of chapter 468.
257	20.  Electrolysis, as provided under chapter 478.
258	21.  The Board of Massage Therapy, created under chapter
259	480.
260	22.  The Board of Clinical Laboratory Personnel, created
261	under part III of chapter 483.
262	23.  Medical physicists, as provided under part IV of
263	chapter 483.
264	24.  The Board of Opticianry, created under part I of
265	chapter 484.
266	25.  The Board of Hearing Aid Specialists, created under
267	part II of chapter 484.
268	26.  The Board of Physical Therapy Practice, created under
269	chapter 486.
270	27.  The Board of Psychology, created under chapter 490.
271	28.  School psychologists, as provided under chapter 490.
272	29.  The Board of Clinical Social Work, Marriage and Family
273	Therapy, and Mental Health Counseling, created under chapter
274	491.
275
276	This paragraph expires July 1, 2011.
277	(h)  Division of Children's Medical Services Prevention and
278	Intervention. This paragraph expires July 1, 2011, unless
279	reviewed and reenacted by the Legislature before that date.
280	(i)  Division of Information Technology. This paragraph
281	expires July 1, 2011, unless reviewed and reenacted by the
282	Legislature before that date.
283	(j)  Division of Health Access and Tobacco. This paragraph
284	expires July 1, 2011, unless reviewed and reenacted by the
285	Legislature before that date.
286	(k)  Division of Disability Determinations. This paragraph
287	expires July 1, 2011, unless reviewed and reenacted by the
288	Legislature before that date.
289	(4)(a)  The members of each board within the department
290	shall be appointed by the Governor, subject to confirmation by
291	the Senate. Consumer members on the board shall be appointed
292	pursuant to paragraph (b). Members shall be appointed for 4-year
293	terms, and such terms shall expire on October 31. However, a
294	term of less than 4 years may be used to ensure that:
295	1.  No more than two members' terms expire during the same
296	calendar year for boards consisting of seven or eight members.
297	2.  No more than 3 members' terms expire during the same
298	calendar year for boards consisting of 9 to 12 members.
299	3.  No more than 5 members' terms expire during the same
300	calendar year for boards consisting of 13 or more members.
301
302	A member whose term has expired shall continue to serve on the
303	board until such time as a replacement is appointed. A vacancy
304	on the board shall be filled for the unexpired portion of the
305	term in the same manner as the original appointment. No member
306	may serve for more than the remaining portion of a previous
307	member's unexpired term, plus two consecutive 4-year terms of
308	the member's own appointment thereafter.
309	(b)  Each board with five or more members shall have at
310	least two consumer members who are not, and have never been,
311	members or practitioners of the profession regulated by such
312	board or of any closely related profession. Each board with
313	fewer than five members shall have at least one consumer member
314	who is not, and has never been, a member or practitioner of the
315	profession regulated by such board or of any closely related
316	profession.
317	(c)  Notwithstanding any other provision of law, the
318	department is authorized to establish uniform application forms
319	and certificates of licensure for use by the boards within the
320	department. Nothing in this paragraph authorizes the department
321	to vary any substantive requirements, duties, or eligibilities
322	for licensure or certification as provided by law.
323	(5)  The department shall plan and administer authorized
324	its public health programs through its county health departments
325	and may, for administrative purposes and efficient service
326	delivery, establish multicounty up to 15 service areas to carry
327	out such duties as may be prescribed by the State Surgeon
328	General. The boundaries of the service areas shall be the same
329	as, or combinations of, the service districts of the Department
330	of Children and Family Services established in s. 20.19 and, to
331	the extent practicable, shall take into consideration the
332	boundaries of the jobs and education regional boards.
333	(6)  The State Surgeon General may and division directors
334	are authorized to appoint ad hoc advisory committees as
335	necessary to address issues relating to the responsibilities
336	delegated to the department under paragraph (1)(a). The issue or
337	problem that the ad hoc committee shall address, and the
338	timeframe within which the committee is to complete its work,
339	shall be specified at the time the committee is appointed. Ad
340	hoc advisory committees shall include representatives of groups
341	or entities affected by the issue or problem that the committee
342	is asked to examine. Members of ad hoc advisory committees shall
343	receive no compensation, but may, within existing departmental
344	resources, receive reimbursement for travel expenses as provided
345	in s. 112.061.
346	(7)  To protect and improve the public health, the
347	department may use state or federal funds to:
348	(a)  Provide incentives, including, but not limited to, the
349	promotional items listed in paragraph (b), food and including
350	food coupons, and payment for travel expenses, for encouraging
351	healthy lifestyle and disease prevention behaviors and patient
352	compliance with medical treatment, such as tuberculosis therapy
353	and smoking cessation programs. Such incentives shall be
354	intended to cause individuals to take action to improve their
355	health. Any incentive for food, food coupons, or travel expenses
356	may not exceed the limitations in s. 112.061.
357	(b)  Plan and conduct health education campaigns for the
358	purpose of protecting or improving public health. The department
359	may purchase promotional items, such as, but not limited to, t-
360	shirts, hats, sports items such as water bottles and sweat
361	bands, calendars, nutritional charts, baby bibs, growth charts,
362	and other items printed with health promotion messages, and
363	advertising, such as space on billboards or in publications or
364	radio or television time, for health information and promotional
365	messages that recognize that the following behaviors, among
366	others, are detrimental to public health: unprotected sexual
367	intercourse, other than with one's spouse; cigarette and cigar
368	smoking, use of smokeless tobacco products, and exposure to
369	environmental tobacco smoke; alcohol consumption or other
370	substance abuse during pregnancy; alcohol abuse or other
371	substance abuse; lack of exercise and poor diet and nutrition
372	habits; and failure to recognize and address a genetic tendency
373	to suffer from sickle-cell anemia, diabetes, high blood
374	pressure, cardiovascular disease, or cancer. For purposes of
375	activities under this paragraph, the Department of Health may
376	establish requirements for local matching funds or in-kind
377	contributions to create and distribute advertisements, in either
378	print or electronic format, which are concerned with each of the
379	targeted behaviors, establish an independent evaluation and
380	feedback system for the public health communication campaign,
381	and monitor and evaluate the efforts to determine which of the
382	techniques and methodologies are most effective.
383	(c)  Plan and conduct promotional campaigns to recruit
384	health professionals to be employed by the department or to
385	recruit participants in departmental programs for health
386	practitioners, such as scholarship, loan repayment, or volunteer
387	programs. To this effect the department may purchase promotional
388	items and advertising.
389	(8)  The department may hold copyrights, trademarks, and
390	service marks and enforce its rights with respect thereto,
391	except such authority does not extend to any public records
392	relating to the department's responsibilities for health care
393	practitioners regulated under part II of chapter 455.
394	(7)(9)  There is established within the Department of
395	Health the Office of Minority Health.
396	(8)(a)  Beginning in fiscal year 2010-2011, the department
397	shall initiate or commence new programs, including any new
398	federally funded or grant-supported initiative, or make changes
399	in current programs only when the Legislature expressly
400	authorizes the department to do so.
401	(b)  Beginning in fiscal year 2010-2011, prior to applying
402	for any continuation of federal or private grants, the
403	department shall request the express approval of the Legislative
404	Budget Commission. The request for approval shall provide
405	detailed information about the purpose of the grant, the prior
406	use of the grant, the reason for continuation, the intended use
407	of the continuation funds, and the number of full-time permanent
408	or temporary employees that participate in administering the
409	program funded by the grant. This paragraph is subject to the
410	notice, review, and objection procedures set forth in s.
411	216.177.
412	Section 2.  Section 381.0011, Florida Statutes, is amended
413	to read:
414	381.0011  Duties and powers of the Department of Health.-It
415	is the duty of the Department of Health to:
416	(1)  Assess the public health status and needs of the state
417	pursuant to the responsibilities delegated to the department
418	under s. 20.43 through statewide data collection and other
419	appropriate means, with special attention to future needs that
420	may result from population growth, technological advancements,
421	new societal priorities, or other changes.
422	(2)  Manage and coordinate emergency preparedness and
423	disaster response functions to: investigate and control the
424	spread of disease; coordinate the availability and staffing of
425	special needs shelters; support patient evacuation; ensure the
426	safety of food and drugs; provide critical incident stress
427	debriefing; and provide surveillance and control of
428	radiological, chemical, biological, and other environmental
429	hazards Formulate general policies affecting the public health
430	of the state.
431	(3)  Include in the department's strategic plan developed
432	under s. 186.021 a summary of all aspects of the public health
433	related to the responsibilities delegated to the department
434	under s. 20.43(1) mission and health status objectives to direct
435	the use of public health resources with an emphasis on
436	prevention.
437	(4)  Administer and enforce laws and rules relating to
438	sanitation, control of communicable diseases, and illnesses and
439	hazards to health among humans and from animals to humans, and
440	the general health of the people of the state.
441	(5)  Cooperate with and accept assistance from federal,
442	state, and local officials for the prevention and suppression of
443	communicable and other diseases, illnesses, injuries, and
444	hazards to human health and cooperate with the Federal
445	Government in enforcing public health laws and regulations.
446	(6)  Declare, enforce, modify, and abolish quarantine of
447	persons, animals, and premises as the circumstances indicate for
448	controlling communicable diseases or providing protection from
449	unsafe conditions that pose a threat to public health, except as
450	provided in ss. 384.28 and 392.545-392.60.
451	(a)  The department shall adopt rules to specify the
452	conditions and procedures for imposing and releasing a
453	quarantine. The rules must include provisions related to:
454	1.  The closure of premises.
455	2.  The movement of persons or animals exposed to or
456	infected with a communicable disease.
457	3.  The tests or treatment, including vaccination, for
458	communicable disease required prior to employment or admission
459	to the premises or to comply with a quarantine.
460	4.  Testing or destruction of animals with or suspected of
461	having a disease transmissible to humans.
462	5.  Access by the department to quarantined premises.
463	6.  The disinfection of quarantined animals, persons, or
464	premises.
465	7.  Methods of quarantine.
466	(b)  Any health regulation that restricts travel or trade
467	within the state may not be adopted or enforced in this state
468	except by authority of the department.
469	(7)  Identify, diagnose, investigate, and conduct
470	surveillance of communicable diseases in the state and promote
471	and implement interventions that prevent or limit the impact and
472	spread of disease in the state Provide for a thorough
473	investigation and study of the incidence, causes, modes of
474	propagation and transmission, and means of prevention, control,
475	and cure of diseases, illnesses, and hazards to human health.
476	(8)  Issue, as necessary and in its discretion, health
477	alerts or advisories Provide for the dissemination of
478	information to the public relative to the prevention, control,
479	and cure of diseases, illnesses, and hazards to human health.
480	The department shall conduct a workshop before issuing any
481	health alert or advisory relating to food-borne illness or
482	communicable disease in public lodging or food service
483	establishments in order to inform persons, trade associations,
484	and businesses of the risk to public health and to seek the
485	input of affected persons, trade associations, and businesses on
486	the best methods of informing and protecting the public. The
487	department shall conduct a workshop before issuing any such
488	alert or advisory, except in an emergency, in which case the
489	workshop must be held within 14 days after the issuance of the
490	emergency alert or advisory.
491	(9)  Act as registrar of vital statistics.
492	(10)  Cooperate with and assist federal health officials in
493	enforcing public health laws and regulations.
494	(11)  Cooperate with other departments, local officials,
495	and private boards and organizations for the improvement and
496	preservation of the public health.
497	(12)  Maintain a statewide injury-prevention program.
498	(10)(13)  Adopt rules pursuant to ss. 120.536(1) and 120.54
499	to implement the provisions of law conferring duties upon it.
500	This subsection does not authorize the department to require a
501	permit or license or to inspect a building or facility, unless
502	such requirement is specifically provided by law.
503	(11)(14)  Perform any other duties expressly assigned to
504	the department prescribed by law.
505	Section 3.  Subsection (16) of section 381.006, Florida
506	Statutes, is amended to read:
507	381.006  Environmental health.-The department shall conduct
508	an environmental health program as part of fulfilling the
509	state's public health mission. The purpose of this program is to
510	detect and prevent disease caused by natural and manmade factors
511	in the environment. The environmental health program shall
512	include, but not be limited to:
513	(16)  A group-care-facilities function. As used in this
514	subsection, the term, where a "group care facility" means any
515	public or private school, assisted living facility, adult
516	family-care home, adult day care center, short-term residential
517	treatment center, residential treatment facility, home for
518	special services, transitional living facility, crisis
519	stabilization unit, hospice, prescribed pediatric extended care
520	center, intermediate care facility for persons with
521	developmental disabilities, or boarding school housing, building
522	or buildings, section of a building, or distinct part of a
523	building or other place, whether operated for profit or not,
524	which undertakes, through its ownership or management, to
525	provide one or more personal services, care, protection, and
526	supervision to persons who require such services and who are not
527	related to the owner or administrator. The department may adopt
528	rules necessary to protect the health and safety of residents,
529	staff, and patrons of group care facilities. Rules related to
530	public and private schools shall be developed by, such as child
531	care facilities, family day care homes, assisted living
532	facilities, adult day care centers, adult family care homes,
533	hospices, residential treatment facilities, crisis stabilization
534	units, pediatric extended care centers, intermediate care
535	facilities for the developmentally disabled, group care homes,
536	and, jointly with the Department of Education in consultation
537	with the department, private and public schools. These Rules
538	adopted under this subsection may include definitions of terms;
539	provisions relating to operation and maintenance of facilities,
540	buildings, grounds, equipment, furnishings, and occupant-space
541	requirements; lighting; heating, cooling, and ventilation; food
542	service; water supply and plumbing; sewage; sanitary facilities;
543	insect and rodent control; garbage; safety; personnel health,
544	hygiene, and work practices; and other matters the department
545	finds are appropriate or necessary to protect the safety and
546	health of the residents, staff, students, faculty, or patrons.
547	The department may not adopt rules that conflict with rules
548	adopted by the licensing or certifying agency. The department
549	may enter and inspect at reasonable hours to determine
550	compliance with applicable statutes or rules. In addition to any
551	sanctions that the department may impose for violations of rules
552	adopted under this section, the department shall also report
553	such violations to any agency responsible for licensing or
554	certifying the group care facility. The licensing or certifying
555	agency may also impose any sanction based solely on the findings
556	of the department.
557
558	The department may adopt rules to carry out the provisions of
559	this section.
560	Section 4.  Subsections (1), (2), (3), and (6) of section
561	381.0072, Florida Statutes, are amended to read:
562	381.0072  Food service protection.-It shall be the duty of
563	the Department of Health to adopt and enforce sanitation rules
564	consistent with law to ensure the protection of the public from
565	food-borne illness. These rules shall provide the standards and
566	requirements for the storage, preparation, serving, or display
567	of food in food service establishments as defined in this
568	section and which are not permitted or licensed under chapter
569	500 or chapter 509.
570	(1)  DEFINITIONS.-As used in this section, the term:
571	(a)  "Department" means the Department of Health or its
572	representative county health department.
573	(b)  "Food service establishment" means detention
574	facilities, public or private schools, migrant labor camps,
575	assisted living facilities, adult family-care homes, adult day
576	care centers, short-term residential treatment centers,
577	residential treatment facilities, homes for special services,
578	transitional living facilities, crisis stabilization units,
579	hospices, prescribed pediatric extended care centers,
580	intermediate care facilities for persons with developmental
581	disabilities, boarding schools, civic or fraternal
582	organizations, bars and lounges, vending machines that dispense
583	potentially hazardous foods at facilities expressly named in
584	this paragraph, and facilities used as temporary food events or
585	mobile food units at any facility expressly named any facility,
586	as described in this paragraph, where food is prepared and
587	intended for individual portion service, including and includes
588	the site at which individual portions are provided,. The term
589	includes any such facility regardless of
590	on or off the premises and regardless of whether there is a
591	charge for the food. The term includes detention facilities,
592	child care facilities, schools, institutions, civic or fraternal
593	organizations, bars and lounges and facilities used at temporary
594	food events, mobile food units, and vending machines at any
595	facility regulated under this section. The term does not include
596	any entity not expressly named in this paragraph private homes
597	where food is prepared or served for individual family
598	consumption; nor does the term include churches, synagogues, or
599	other not-for-profit religious organizations as long as these
600	organizations serve only their members and guests and do not
601	advertise food or drink for public consumption, or any facility
602	or establishment permitted or licensed under chapter 500 or
603	chapter 509; nor does the term include any theater, if the
604	primary use is as a theater and if patron service is limited to
605	food items customarily served to the admittees of theaters; nor
606	does the term include a research and development test kitchen
607	limited to the use of employees and which is not open to the
608	general public.
609	(c)  "Operator" means the owner, operator, keeper,
610	proprietor, lessee, manager, assistant manager, agent, or
611	employee of a food service establishment.
612	(2)  DUTIES.-
613	(a)  The department may advise and consult with the Agency
614	for Health Care Administration, the Department of Business and
615	Professional Regulation, the Department of Agriculture and
616	Consumer Services, and the Department of Children and Family
617	Services concerning procedures related to the storage,
618	preparation, serving, or display of food at any building,
619	structure, or facility not expressly included in this section
620	that is inspected, licensed, or regulated by those agencies.
621	(b)(a)  The department shall adopt rules, including
622	definitions of terms which are consistent with law prescribing
623	minimum sanitation standards and manager certification
624	requirements as prescribed in s. 509.039, and which shall be
625	enforced in food service establishments as defined in this
626	section. The sanitation standards must address the construction,
627	operation, and maintenance of the establishment; lighting,
628	ventilation, laundry rooms, lockers, use and storage of toxic
629	materials and cleaning compounds, and first-aid supplies; plan
630	review; design, construction, installation, location,
631	maintenance, sanitation, and storage of food equipment and
632	utensils; employee training, health, hygiene, and work
633	practices; food supplies, preparation, storage, transportation,
634	and service, including access to the areas where food is stored
635	or prepared; and sanitary facilities and controls, including
636	water supply and sewage disposal; plumbing and toilet
637	facilities; garbage and refuse collection, storage, and
638	disposal; and vermin control. Public and private schools, if the
639	food service is operated by school employees,; hospitals
640	licensed under chapter 395; nursing homes licensed under part II
641	of chapter 400; child care facilities as defined in s. 402.301;
642	residential facilities colocated with a nursing home or
643	hospital, if all food is prepared in a central kitchen that
644	complies with nursing or hospital regulations; and bars and
645	lounges, civic organizations, and any other facility that is not
646	regulated under this section as defined by department rule, are
647	exempt from the rules developed for manager certification. The
648	department shall administer a comprehensive inspection,
649	monitoring, and sampling program to ensure such standards are
650	maintained. With respect to food service establishments
651	permitted or licensed under chapter 500 or chapter 509, the
652	department shall assist the Division of Hotels and Restaurants
653	of the Department of Business and Professional Regulation and
654	the Department of Agriculture and Consumer Services with
655	rulemaking by providing technical information.
656	(c)(b)  The department shall carry out all provisions of
657	this chapter and all other applicable laws and rules relating to
658	the inspection or regulation of food service establishments as
659	defined in this section, for the purpose of safeguarding the
660	public's health, safety, and welfare.
661	(d)(c)  The department shall inspect each food service
662	establishment as often as necessary to ensure compliance with
663	applicable laws and rules. The department shall have the right
664	of entry and access to these food service establishments at any
665	reasonable time. In inspecting food service establishments as
666	provided under this section, the department shall provide each
667	inspected establishment with the food recovery brochure
668	developed under s. 570.0725.
669	(e)(d)  The department or other appropriate regulatory
670	entity may inspect theaters exempted in subsection (1) to ensure
671	compliance with applicable laws and rules pertaining to minimum
672	sanitation standards. A fee for inspection shall be prescribed
673	by rule, but the aggregate amount charged per year per theater
674	establishment shall not exceed $300, regardless of the entity
675	providing the inspection.
676	(3)  LICENSES REQUIRED.-
677	(a)  Licenses; annual renewals.-Each food service
678	establishment regulated under this section shall obtain a
679	license from the department annually. Food service establishment
680	licenses shall expire annually and are not transferable from one
681	place or individual to another. However, those facilities
682	licensed by the department's Office of Licensure and
683	Certification, the Child Care Services Program Office, or the
684	Agency for Persons with Disabilities are exempt from this
685	subsection. It shall be a misdemeanor of the second degree,
686	punishable as provided in s. 381.0061, s. 775.082, or s.
687	775.083, for such an establishment to operate without this
688	license. The department may refuse a license, or a renewal
689	thereof, to any establishment that is not constructed or
690	maintained in accordance with law and with the rules of the
691	department. Annual application for renewal is not required.
692	(b)  Application for license.-Each person who plans to open
693	a food service establishment regulated under this section and
694	not regulated under chapter 500 or chapter 509 shall apply for
695	and receive a license prior to the commencement of operation.
696	(6)  IMMINENT DANGERS; STOP-SALE ORDERS.-
697	(a)  In the course of epidemiological investigations or for
698	those establishments regulated by the department under this
699	chapter, the department, to protect the public from food that is
700	unwholesome or otherwise unfit for human consumption, may
701	examine, sample, seize, and stop the sale or use of food to
702	determine its condition. The department may stop the sale and
703	supervise the proper destruction of food when the State Health
704	Officer or his or her designee determines that such food
705	represents a threat to the public health.
706	(b)  The department may determine that a food service
707	establishment regulated under this section is an imminent danger
708	to the public health and require its immediate closure when such
709	establishment fails to comply with applicable sanitary and
710	safety standards and, because of such failure, presents an
711	imminent threat to the public's health, safety, and welfare. The
712	department may accept inspection results from state and local
713	building and firesafety officials and other regulatory agencies
714	as justification for such actions. Any facility so deemed and
715	closed shall remain closed until allowed by the department or by
716	judicial order to reopen.
717	Section 5.  Paragraph (g) of subsection (2) of section
718	381.0101, Florida Statutes, is amended to read:
719	(2)  DEFINITIONS.-As used in this section:
720	(g)  "Primary environmental health program" means those
721	programs determined by the department is expressly authorized by
722	law to administer to be essential for providing basic
723	environmental and sanitary protection to the public. At a
724	minimum, These programs shall include food protection program
725	work at food service establishments as defined in s. 381.0072
726	and onsite sewage treatment and disposal system evaluations.
727	Section 6.  Sections 381.001, 381.04015, 401.243, 411.23,
728	411.231, and 411.232, Florida Statutes, are repealed.
729	Section 7.  Section 381.4018, Florida Statutes, is amended
730	to read:
731	381.4018  Physician workforce assessment and development.-
732	(1)  DEFINITIONS.-As used in this section, the term:
733	(a)  "Consortium" or "consortia" means a combination of
734	statutory teaching hospitals, statutory rural hospitals, other
735	hospitals, accredited medical schools, clinics operated by the
736	department, clinics operated by the Department of Veterans'
737	Affairs, area health education centers, community health
738	centers, federally qualified health centers, prison clinics,
739	local community clinics, or other programs. At least one member
740	of the consortium shall be a sponsoring institution accredited
741	or currently seeking accreditation by the Accreditation Council
742	for Graduate Medical Education or the American Osteopathic
743	Association.
744	(b)  "Council" means the Physician Workforce Advisory
745	Council.
746	(c)  "Department" means the Department of Health.
747	(d)  "Graduate medical education program" means a program
748	accredited by the Accreditation Council for Graduate Medical
749	Education or the American Osteopathic Association.
750	(e)  "Primary care specialty" means emergency medicine,
751	family practice, internal medicine, pediatrics, psychiatry,
752	obstetrics and gynecology, or combined internal medicine and
753	other primary care specialties as determined by the council or
754	the department.
755	(2)(1)  LEGISLATIVE INTENT.- The Legislature recognizes
756	that physician workforce planning is an essential component of
757	ensuring that there is an adequate and appropriate supply of
758	well-trained physicians to meet this state's future health care
759	service needs as the general population and elderly population
760	of the state increase. The Legislature finds that items to
761	consider relative to assessing the physician workforce may
762	include physician practice status; specialty mix; geographic
763	distribution; demographic information, including, but not
764	limited to, age, gender, race, and cultural considerations; and
765	needs of current or projected medically underserved areas in the
766	state. Long-term strategic planning is essential as the period
767	from the time a medical student enters medical school to
768	completion of graduate medical education may range from 7 to 10
769	years or longer. The Legislature recognizes that strategies to
770	provide for a well-trained supply of physicians must include
771	ensuring the availability and capacity of quality graduate
772	medical schools and graduate medical education programs in this
773	state, as well as using new or existing state and federal
774	programs providing incentives for physicians to practice in
775	needed specialties and in underserved areas in a manner that
776	addresses projected needs for physician manpower.
777	(3)(2)  PURPOSE.-The Department of Health shall serve as a
778	coordinating and strategic planning body to actively assess the
779	state's current and future physician workforce needs and work
780	with multiple stakeholders to develop strategies and
781	alternatives to address current and projected physician
782	workforce needs.
783	(4)(3)  GENERAL FUNCTIONS.-The department shall maximize
784	the use of existing programs under the jurisdiction of the
785	department and other state agencies and coordinate governmental
786	and nongovernmental stakeholders and resources in order to
787	develop a state strategic plan and assess the implementation of
788	such strategic plan. In developing the state strategic plan, the
789	department shall:
790	(a)  Monitor, evaluate, and report on the supply and
791	distribution of physicians licensed under chapter 458 or chapter
792	459. The department shall maintain a database to serve as a
793	statewide source of data concerning the physician workforce.
794	(b)  Develop a model and quantify, on an ongoing basis, the
795	adequacy of the state's current and future physician workforce
796	as reliable data becomes available. Such model must take into
797	account demographics, physician practice status, place of
798	education and training, generational changes, population growth,
799	economic indicators, and issues concerning the "pipeline" into
800	medical education.
801	(c)  Develop and recommend strategies to determine whether
802	the number of qualified medical school applicants who might
803	become competent, practicing physicians in this state will be
804	sufficient to meet the capacity of the state's medical schools.
805	If appropriate, the department shall, working with
806	representatives of appropriate governmental and nongovernmental
807	entities, develop strategies and recommendations and identify
808	best practice programs that introduce health care as a
809	profession and strengthen skills needed for medical school
810	admission for elementary, middle, and high school students, and
811	improve premedical education at the precollege and college level
812	in order to increase this state's potential pool of medical
813	students.
814	(d)  Develop strategies to ensure that the number of
815	graduates from the state's public and private allopathic and
816	osteopathic medical schools are adequate to meet physician
817	workforce needs, based on the analysis of the physician
818	workforce data, so as to provide a high-quality medical
819	education to students in a manner that recognizes the uniqueness
820	of each new and existing medical school in this state.
821	(e)  Pursue strategies and policies to create, expand, and
822	maintain graduate medical education positions in the state based
823	on the analysis of the physician workforce data. Such strategies
824	and policies must take into account the effect of federal
825	funding limitations on the expansion and creation of positions
826	in graduate medical education. The department shall develop
827	options to address such federal funding limitations. The
828	department shall consider options to provide direct state
829	funding for graduate medical education positions in a manner
830	that addresses requirements and needs relative to accreditation
831	of graduate medical education programs. The department shall
832	consider funding residency positions as a means of addressing
833	needed physician specialty areas, rural areas having a shortage
834	of physicians, and areas of ongoing critical need, and as a
835	means of addressing the state's physician workforce needs based
836	on an ongoing analysis of physician workforce data.
837	(f)  Develop strategies to maximize federal and state
838	programs that provide for the use of incentives to attract
839	physicians to this state or retain physicians within the state.
840	Such strategies should explore and maximize federal-state
841	partnerships that provide incentives for physicians to practice
842	in federally designated shortage areas. Strategies shall also
843	consider the use of state programs, such as the Florida Health
844	Service Corps established pursuant to s. 381.0302 and the
845	Medical Education Reimbursement and Loan Repayment Program
846	pursuant to s. 1009.65, which provide for education loan
847	repayment or loan forgiveness and provide monetary incentives
848	for physicians to relocate to underserved areas of the state.
849	(g)  Coordinate and enhance activities relative to
850	physician workforce needs, undergraduate medical education, and
851	graduate medical education provided by the Division of Medical
852	Quality Assurance, the Community Hospital Education Program and
853	the Graduate Medical Education Committee established pursuant to
854	s. 381.0403, area health education center networks established
855	pursuant to s. 381.0402, and other offices and programs within
856	the Department of Health as designated by the State Surgeon
857	General.
858	(h)  Work in conjunction with and act as a coordinating
859	body for governmental and nongovernmental stakeholders to
860	address matters relating to the state's physician workforce
861	assessment and development for the purpose of ensuring an
862	adequate supply of well-trained physicians to meet the state's
863	future needs. Such governmental stakeholders shall include, but
864	need not be limited to, the State Surgeon General or his or her
865	designee, the Commissioner of Education or his or her designee,
866	the Secretary of Health Care Administration or his or her
867	designee, and the Chancellor of the State University System or
868	his or her designee from the Board of Governors of the State
869	University System, and, at the discretion of the department,
870	other representatives of state and local agencies that are
871	involved in assessing, educating, or training the state's
872	current or future physicians. Other stakeholders shall include,
873	but need not be limited to, organizations representing the
874	state's public and private allopathic and osteopathic medical
875	schools; organizations representing hospitals and other
876	institutions providing health care, particularly those that have
877	an interest in providing accredited medical education and
878	graduate medical education to medical students and medical
879	residents; organizations representing allopathic and osteopathic
880	practicing physicians; and, at the discretion of the department,
881	representatives of other organizations or entities involved in
882	assessing, educating, or training the state's current or future
883	physicians.
884	(i)  Serve as a liaison with other states and federal
885	agencies and programs in order to enhance resources available to
886	the state's physician workforce and medical education continuum.
887	(j)  Act as a clearinghouse for collecting and
888	disseminating information concerning the physician workforce and
889	medical education continuum in this state.
890	(5)  PHYSICIAN WORKFORCE ADVISORY COUNCIL.-There is created
891	in the department the Physician Workforce Advisory Council, an
892	advisory council as defined in s. 20.03. The council shall
893	comply with the requirements of s. 20.052, except as otherwise
894	provided in this section.
895	(a)  The council shall be composed of the following 23
896	members:
897	1.  The following members appointed by the State Surgeon
898	General:
899	a.  A designee from the department.
900	b.  An individual recommended by the Area Health Education
901	Center Network.
902	c.  Two individuals recommended by the Council of Florida
903	Medical School Deans, one representing a college of allopathic
904	medicine and one representing a college of osteopathic medicine.
905	d.  Two individuals recommended by the Florida Hospital
906	Association, one representing a statutory teaching hospital and
907	one representing a hospital that is licensed under chapter 395,
908	has an accredited graduate medical education program, and is not
909	a statutory teaching hospital.
910	e.  Two individuals recommended by the Florida Medical
911	Association, one representing a primary care specialty and one
912	representing a nonprimary care specialty.
913	f.  Two individuals recommended by the Florida Osteopathic
914	Medical Association, one representing a primary care specialty
915	and one representing a nonprimary care specialty.
916	g.  Two individuals who are program directors of accredited
917	graduate medical education programs, one representing a program
918	that is accredited by the Accreditation Council for Graduate
919	Medical Education and one representing a program that is
920	accredited by the American Osteopathic Association.
921	h.  An individual recommended by the Florida Justice
922	Association.
923	i.  An individual representing a profession in the field of
924	health services administration.
925	j.  A layperson member.
926
927	Each entity authorized to make recommendations under this
928	subparagraph shall make at least two recommendations to the
929	State Surgeon General for each appointment to the council. The
930	State Surgeon General shall appoint one member for each position
931	from among the recommendations made by each authorized entity.
932	2.  The following members or designees appointed by the
933	respective agency head, legislative presiding officer, or
934	congressional delegation:
935	a.  The Commissioner of Education or his or her designee.
936	b.  The Chancellor of the State University System or his or
937	her designee.
938	c.  The Secretary of Health Care Administration or his or
939	her designee.
940	d.  The executive director of the Department of Veterans'
941	Affairs or his or her designee.
942	e.  The Secretary of Elderly Affairs or his or her
943	designee.
944	f.  The President of the Senate or his or her designee.
945	g.  The Speaker of the House of Representatives or his or
946	her designee.
947	h.  A designee of Florida's Congressional Delegation.
948	(b)  Each council member shall be appointed to a 4-year
949	term. A member may not serve more than two full terms. Any
950	council member may be removed from office for malfeasance,
951	misfeasance, neglect of duty, incompetence, permanent inability
952	to perform official duties, or pleading guilty or nolo
953	contendere to, or being found guilty of, a felony. Any council
954	member who meets the criteria for removal, or who is otherwise
955	unwilling or unable to properly fulfill the duties of the
956	office, shall be succeeded by an individual chosen by the State
957	Surgeon General to serve out the remainder of the council
958	member's term. If the remainder of the replaced council member's
959	term is less than 18 months, notwithstanding the provisions of
960	this paragraph, the succeeding council member may be reappointed
961	twice by the State Surgeon General.
962	(c)  The chair of the council is the State Surgeon General,
963	who shall designate a vice chair to serve in the absence of the
964	State Surgeon General. A vacancy shall be filled for the
965	remainder of the unexpired term in the same manner as the
966	original appointment.
967	(d)  Council members are not entitled to receive
968	compensation or reimbursement for per diem or travel expenses.
969	(e)  The council shall meet twice a year in person or by
970	teleconference.
971	(f)  The council shall:
972	1.  Advise the State Surgeon General and the department on
973	matters concerning current and future physician workforce needs
974	in this state.
975	2.  Review survey materials and the compilation of survey
976	information.
977	3.  Provide recommendations to the department for the
978	development of additional items to be incorporated in the survey
979	completed by physicians licensed under chapter 458 or chapter
980	459.
981	4.  Assist the department in preparing the annual report to
982	the Legislature pursuant to ss. 458.3192 and 459.0082.
983	5.  Assist the department in preparing an initial strategic
984	plan, conducting ongoing strategic planning in accordance with
985	this section, and providing ongoing advice on implementing the
986	recommendations.
987	6.  Monitor the need for an increased number of primary
988	care physicians to provide the necessary current and projected
989	health and medical services for the state.
990	7.  Monitor the status of graduate medical education in
991	this state, including, but not limited to, as considered
992	appropriate:
993	a.  The role of residents and medical faculty in the
994	provision of health care.
995	b.  The relationship of graduate medical education to the
996	state's physician workforce.
997	c.  The availability and use of state and federal
998	appropriated funds for graduate medical education.
999	Section 8.  Section 392.51, Florida Statutes, is amended to
1000	read:
1001	392.51  Findings and intent.-The Legislature finds and
1002	declares that active tuberculosis is a highly contagious
1003	infection that is sometimes fatal and constitutes a serious
1004	threat to the public health. The Legislature finds that there is
1005	a significant reservoir of tuberculosis infection in this state
1006	and that there is a need to develop community programs to
1007	identify tuberculosis and to respond quickly with appropriate
1008	measures. The Legislature finds that some patients who have
1009	active tuberculosis have complex medical, social, and economic
1010	problems that make outpatient control of the disease difficult,
1011	if not impossible, without posing a threat to the public health.
1012	The Legislature finds that in order to protect the citizenry
1013	from those few persons who pose a threat to the public, it is
1014	necessary to establish a system of mandatory contact
1015	identification, treatment to cure, hospitalization, and
1016	isolation for contagious cases and to provide a system of
1017	voluntary, community-oriented care and surveillance in all other
1018	cases. The Legislature finds that the delivery of tuberculosis
1019	control services is best accomplished by the coordinated efforts
1020	of the respective county health departments, the A.G. Holley
1021	State Hospital, and the private health care delivery system.
1022	Section 9.  Subsection (5) is added to section 392.69,
1023	Florida Statutes, to read:
1024	392.69  Appropriation, sinking, and maintenance trust
1025	funds; additional powers of the department.-
1026	(5)  The department shall develop a plan that exclusively
1027	uses private and nonstate public hospitals to provide treatment
1028	to cure, hospitalization, and isolation for persons with
1029	contagious cases of tuberculosis who pose a threat to the
1030	public. The department shall submit the plan to the Governor,
1031	the President of the Senate, and the Speaker of the House of
1032	Representatives by November 1, 2010. The plan shall include the
1033	following elements:
1034	(a)  Identification of hospitals functionally capable of
1035	caring for such patients.
1036	(b)  Reimbursement for hospital inpatient services at the
1037	Medicaid rate and reimbursement for other medically necessary
1038	services that are not hospital inpatient services at the
1039	relevant Medicaid rate.
1040	(c)  Projected cost estimates.
1041	(d)  A transition plan for closing the A. G. Holley State
1042	Hospital and transferring patients to private and nonstate
1043	public hospitals over a 90-day period of time.
1044	Section 10.  Paragraph (d) of subsection (5) of section
1045	411.01, Florida Statutes, is amended to read:
1046	411.01  School readiness programs; early learning
1047	coalitions.-
1048	(5)  CREATION OF EARLY LEARNING COALITIONS.-
1049	(d)  Implementation.-
1050	1.  An early learning coalition may not implement the
1051	school readiness program until the coalition is authorized
1052	through approval of the coalition's school readiness plan by the
1053	Agency for Workforce Innovation.
1054	2.  Each early learning coalition shall develop a plan for
1055	implementing the school readiness program to meet the
1056	requirements of this section and the performance standards and
1057	outcome measures adopted by the Agency for Workforce Innovation.
1058	The plan must demonstrate how the program will ensure that each
1059	3-year-old and 4-year-old child in a publicly funded school
1060	readiness program receives scheduled activities and instruction
1061	designed to enhance the age-appropriate progress of the children
1062	in attaining the performance standards adopted by the Agency for
1063	Workforce Innovation under subparagraph (4)(d)8. Before
1064	implementing the school readiness program, the early learning
1065	coalition must submit the plan to the Agency for Workforce
1066	Innovation for approval. The Agency for Workforce Innovation may
1067	approve the plan, reject the plan, or approve the plan with
1068	conditions. The Agency for Workforce Innovation shall review
1069	school readiness plans at least annually.
1070	3.  If the Agency for Workforce Innovation determines
1071	during the annual review of school readiness plans, or through
1072	monitoring and performance evaluations conducted under paragraph
1073	(4)(l), that an early learning coalition has not substantially
1074	implemented its plan, has not substantially met the performance
1075	standards and outcome measures adopted by the agency, or has not
1076	effectively administered the school readiness program or
1077	Voluntary Prekindergarten Education Program, the Agency for
1078	Workforce Innovation may dissolve the coalition and temporarily
1079	contract with a qualified entity to continue school readiness
1080	and prekindergarten services in the coalition's county or
1081	multicounty region until the coalition is reestablished through
1082	resubmission of a school readiness plan and approval by the
1083	agency.
1084	4.  The Agency for Workforce Innovation shall adopt
1085	criteria for the approval of school readiness plans. The
1086	criteria must be consistent with the performance standards and
1087	outcome measures adopted by the agency and must require each
1088	approved plan to include the following minimum standards and
1089	provisions:
1090	a.  A sliding fee scale establishing a copayment for
1091	parents based upon their ability to pay, which is the same for
1092	all program providers, to be implemented and reflected in each
1093	program's budget.
1094	b.  A choice of settings and locations in licensed,
1095	registered, religious-exempt, or school-based programs to be
1096	provided to parents.
1097	c.  Instructional staff who have completed the training
1098	course as required in s. 402.305(2)(d)1., as well as staff who
1099	have additional training or credentials as required by the
1100	Agency for Workforce Innovation. The plan must provide a method
1101	for assuring the qualifications of all personnel in all program
1102	settings.
1103	d.  Specific eligibility priorities for children within the
1104	early learning coalition's county or multicounty region in
1105	accordance with subsection (6).
1106	e.  Performance standards and outcome measures adopted by
1107	the Agency for Workforce Innovation.
1108	f.  Payment rates adopted by the early learning coalition
1109	and approved by the Agency for Workforce Innovation. Payment
1110	rates may not have the effect of limiting parental choice or
1111	creating standards or levels of services that have not been
1112	authorized by the Legislature.
1113	g.  Systems support services, including a central agency,
1114	child care resource and referral, eligibility determinations,
1115	training of providers, and parent support and involvement.
1116	h.  Direct enhancement services to families and children.
1117	System support and direct enhancement services shall be in
1118	addition to payments for the placement of children in school
1119	readiness programs.
1120	i.  The business organization of the early learning
1121	coalition, which must include the coalition's articles of
1122	incorporation and bylaws if the coalition is organized as a
1123	corporation. If the coalition is not organized as a corporation
1124	or other business entity, the plan must include the contract
1125	with a fiscal agent. An early learning coalition may contract
1126	with other coalitions to achieve efficiency in multicounty
1127	services, and these contracts may be part of the coalition's
1128	school readiness plan.
1129	j.  Strategies to meet the needs of unique populations,
1130	such as migrant workers.
1131
1132	As part of the school readiness plan, the early learning
1133	coalition may request the Governor to apply for a waiver to
1134	allow the coalition to administer the Head Start Program to
1135	accomplish the purposes of the school readiness program. If a
1136	school readiness plan demonstrates that specific statutory goals
1137	can be achieved more effectively by using procedures that
1138	require modification of existing rules, policies, or procedures,
1139	a request for a waiver to the Agency for Workforce Innovation
1140	may be submitted as part of the plan. Upon review, the Agency
1141	for Workforce Innovation may grant the proposed modification.
1142	5.  Persons with an early childhood teaching certificate
1143	may provide support and supervision to other staff in the school
1144	readiness program.
1145	6.  An early learning coalition may not implement its
1146	school readiness plan until it submits the plan to and receives
1147	approval from the Agency for Workforce Innovation. Once the plan
1148	is approved, the plan and the services provided under the plan
1149	shall be controlled by the early learning coalition. The plan
1150	shall be reviewed and revised as necessary, but at least
1151	biennially. An early learning coalition may not implement the
1152	revisions until the coalition submits the revised plan to and
1153	receives approval from the Agency for Workforce Innovation. If
1154	the Agency for Workforce Innovation rejects a revised plan, the
1155	coalition must continue to operate under its prior approved
1156	plan.
1157	7.  Sections 125.901(2)(a)3. and, 411.221, and 411.232 do
1158	not apply to an early learning coalition with an approved school
1159	readiness plan. To facilitate innovative practices and to allow
1160	the regional establishment of school readiness programs, an
1161	early learning coalition may apply to the Governor and Cabinet
1162	for a waiver of, and the Governor and Cabinet may waive, any of
1163	the provisions of ss. 411.223, 411.232, and 1003.54, if the
1164	waiver is necessary for implementation of the coalition's school
1165	readiness plan.
1166	8.  Two or more counties may join for purposes of planning
1167	and implementing a school readiness program.
1168	9.  An early learning coalition may, subject to approval by
1169	the Agency for Workforce Innovation as part of the coalition's
1170	school readiness plan, receive subsidized child care funds for
1171	all children eligible for any federal subsidized child care
1172	program.
1173	10.  An early learning coalition may enter into multiparty
1174	contracts with multicounty service providers in order to meet
1175	the needs of unique populations such as migrant workers.
1176	Section 11.  Paragraphs (f) and (g) of subsection (2) of
1177	section 411.224, Florida Statutes, are redesignated as
1178	paragraphs (e) and (f), respectively, and present paragraph (e)
1179	of that subsection is amended to read:
1180	411.224  Family support planning process.-The Legislature
1181	establishes a family support planning process to be used by the
1182	Department of Children and Family Services as the service
1183	planning process for targeted individuals, children, and
1184	families under its purview.
1185	(2)  To the extent possible within existing resources, the
1186	following populations must be included in the family support
1187	planning process:
1188	(e)  Participants who are served by the Children's Early
1189	Investment Program established in s. 411.232.
1190	Section 12.  Subsection (5) is added to section 456.074,
1191	Florida Statutes, to read:
1192	456.074  Certain health care practitioners; immediate
1193	suspension of license.-
1194	(5)  Effective July 1, 2011, before issuing an emergency
1195	order suspending the license of a physician licensed under
1196	chapter 458, chapter 459, or chapter 461 or a dentist licensed
1197	under chapter 466, the Secretary of Business and Professional
1198	Regulation shall consult with, and receive a recommendation
1199	from, the State Surgeon General. The State Surgeon General shall
1200	provide a recommendation within 24 hours after the consultation.
1201	Section 13.  Section 458.3192, Florida Statutes, is amended
1202	to read:
1203	458.3192  Analysis of survey results; report.-
1204	(1)  Each year, the Department of Health shall analyze the
1205	results of the physician survey required by s. 458.3191 and
1206	determine by geographic area and specialty the number of
1207	physicians who:
1208	(a)  Perform deliveries of children in this state Florida.
1209	(b)  Read mammograms and perform breast-imaging-guided
1210	procedures in this state Florida.
1211	(c)  Perform emergency care on an on-call basis for a
1212	hospital emergency department.
1213	(d)  Plan to reduce or increase emergency on-call hours in
1214	a hospital emergency department.
1215	(e)  Plan to relocate their allopathic or osteopathic
1216	practice outside the state.
1217	(f)  Practice medicine in this state.
1218	(g)  Reduce or modify the scope of their practice.
1219	(2)  The Department of Health must report its findings to
1220	the Governor, the President of the Senate, and the Speaker of
1221	the House of Representatives by November 1 each year. The
1222	department may also include in its report findings,
1223	recommendations, or other information requested by the council.
1224	Section 14.  Section 459.0082, Florida Statutes, is amended
1225	to read:
1226	459.0082  Analysis of survey results; report.-
1227	(1)  Each year, the Department of Health shall analyze the
1228	results of the physician survey required by s. 459.0081 and
1229	determine by geographic area and specialty the number of
1230	physicians who:
1231	(a)  Perform deliveries of children in this state Florida.
1232	(b)  Read mammograms and perform breast-imaging-guided
1233	procedures in this state Florida.
1234	(c)  Perform emergency care on an on-call basis for a
1235	hospital emergency department.
1236	(d)  Plan to reduce or increase emergency on-call hours in
1237	a hospital emergency department.
1238	(e)  Plan to relocate their allopathic or osteopathic
1239	practice outside the state.
1240	(f)  Practice medicine in this state.
1241	(g)  Reduce or modify the scope of their practice.
1242	(2)  The Department of Health must report its findings to
1243	the Governor, the President of the Senate, and the Speaker of
1244	the House of Representatives by November 1 each year. The
1245	department may also include in its report findings,
1246	recommendations, or other information requested by the council.
1247	Section 15.  Subsections (32) through (54) of section
1248	499.003, Florida Statutes, are renumbered as subsections (33)
1249	through (55), respectively, present subsection (42) and
1250	paragraph (a) of present subsection (53) are amended, and a new
1251	subsection (32) is added to that subsection, to read:
1252	499.003  Definitions of terms used in this part.-As used in
1253	this part, the term:
1254	(32)  "Medical convenience kit" means packages or units
1255	that contain combination products as defined in 21 C.F.R. s.
1256	3.2(e)(2).
1257	(43)(42)  "Prescription drug" means a prescription,
1258	medicinal, or legend drug, including, but not limited to,
1259	finished dosage forms or active ingredients subject to, defined
1260	by, or described by s. 503(b) of the Federal Food, Drug, and
1261	Cosmetic Act or s. 465.003(8), s. 499.007(13), or subsection
1262	(11), subsection (46) (45), or subsection (53) (52).
1263	(54)(53)  "Wholesale distribution" means distribution of
1264	prescription drugs to persons other than a consumer or patient,
1265	but does not include:
1266	(a)  Any of the following activities, which is not a
1267	violation of s. 499.005(21) if such activity is conducted in
1268	accordance with s. 499.01(2)(g):
1269	1.  The purchase or other acquisition by a hospital or
1270	other health care entity that is a member of a group purchasing
1271	organization of a prescription drug for its own use from the
1272	group purchasing organization or from other hospitals or health
1273	care entities that are members of that organization.
1274	2.  The sale, purchase, or trade of a prescription drug or
1275	an offer to sell, purchase, or trade a prescription drug by a
1276	charitable organization described in s. 501(c)(3) of the
1277	Internal Revenue Code of 1986, as amended and revised, to a
1278	nonprofit affiliate of the organization to the extent otherwise
1279	permitted by law.
1280	3.  The sale, purchase, or trade of a prescription drug or
1281	an offer to sell, purchase, or trade a prescription drug among
1282	hospitals or other health care entities that are under common
1283	control. For purposes of this subparagraph, "common control"
1284	means the power to direct or cause the direction of the
1285	management and policies of a person or an organization, whether
1286	by ownership of stock, by voting rights, by contract, or
1287	otherwise.
1288	4.  The sale, purchase, trade, or other transfer of a
1289	prescription drug from or for any federal, state, or local
1290	government agency or any entity eligible to purchase
1291	prescription drugs at public health services prices pursuant to
1292	Pub. L. No. 102-585, s. 602 to a contract provider or its
1293	subcontractor for eligible patients of the agency or entity
1294	under the following conditions:
1295	a.  The agency or entity must obtain written authorization
1296	for the sale, purchase, trade, or other transfer of a
1297	prescription drug under this subparagraph from the State Surgeon
1298	General or his or her designee.
1299	b.  The contract provider or subcontractor must be
1300	authorized by law to administer or dispense prescription drugs.
1301	c.  In the case of a subcontractor, the agency or entity
1302	must be a party to and execute the subcontract.
1303	d.  A contract provider or subcontractor must maintain
1304	separate and apart from other prescription drug inventory any
1305	prescription drugs of the agency or entity in its possession.
1306	d.e.  The contract provider and subcontractor must maintain
1307	and produce immediately for inspection all records of movement
1308	or transfer of all the prescription drugs belonging to the
1309	agency or entity, including, but not limited to, the records of
1310	receipt and disposition of prescription drugs. Each contractor
1311	and subcontractor dispensing or administering these drugs must
1312	maintain and produce records documenting the dispensing or
1313	administration. Records that are required to be maintained
1314	include, but are not limited to, a perpetual inventory itemizing
1315	drugs received and drugs dispensed by prescription number or
1316	administered by patient identifier, which must be submitted to
1317	the agency or entity quarterly.
1318	e.f.  The contract provider or subcontractor may administer
1319	or dispense the prescription drugs only to the eligible patients
1320	of the agency or entity or must return the prescription drugs
1321	for or to the agency or entity. The contract provider or
1322	subcontractor must require proof from each person seeking to
1323	fill a prescription or obtain treatment that the person is an
1324	eligible patient of the agency or entity and must, at a minimum,
1325	maintain a copy of this proof as part of the records of the
1326	contractor or subcontractor required under sub-subparagraph d.
1327	e.
1328	f.g.  In addition to the departmental inspection authority
1329	set forth in s. 499.051, the establishment of the contract
1330	provider and subcontractor and all records pertaining to
1331	prescription drugs subject to this subparagraph shall be subject
1332	to inspection by the agency or entity. All records relating to
1333	prescription drugs of a manufacturer under this subparagraph
1334	shall be subject to audit by the manufacturer of those drugs,
1335	without identifying individual patient information.
1336	Section 16.  Paragraph (q) of subsection (2) of section
1337	499.01, Florida Statutes, is amended to read:
1338	499.01  Permits.-
1339	(2)  The following permits are established:
1340	(q)  Device manufacturer permit.-
1341	1.  A device manufacturer permit is required for any person
1342	that engages in the manufacture, repackaging, or assembly of
1343	medical devices for human use in this state, except that a
1344	permit is not required if:
1345	a.  The person is engaged only in manufacturing,
1346	repackaging, or assembling a medical device pursuant to a
1347	practitioner's order for a specific patient; or
1348	b.  The person does not manufacture, repackage, or assemble
1349	any medical devices or components for such devices, except those
1350	devices or components which are exempt from registration
1351	pursuant to s. 499.015(8).
1352	2.1.  A manufacturer or repackager of medical devices in
1353	this state must comply with all appropriate state and federal
1354	good manufacturing practices and quality system rules.
1355	3.2.  The department shall adopt rules related to storage,
1356	handling, and recordkeeping requirements for manufacturers of
1357	medical devices for human use.
1358	Section 17.  Paragraph (i) is added to subsection (3) of
1359	section 499.01212, Florida Statutes, to read:
1360	499.01212  Pedigree paper.-
1361	(3)  EXCEPTIONS.-A pedigree paper is not required for:
1362	(i)  The wholesale distribution of prescription drugs
1363	within a medical convenience kit if:
1364	1.  The medical convenience kit is assembled in an
1365	establishment that is registered with the United States Food and
1366	Drug Administration as a medical device manufacturer;
1367	2.  The medical convenience kit manufacturer is an
1368	authorized distributor of record, as defined by 21 C.F.R. s.
1369	203.3, for the manufacturer of the specific drugs contained
1370	within the kit; and
1371	3.  The drugs contained in the medical convenience kit are:
1372	a.  Intravenous solutions intended for the replenishment of
1373	fluids and electrolytes;
1374	b.  Products intended to maintain the equilibrium of water
1375	and minerals in the body;
1376	c.  Products intended for irrigation or reconstitution;
1377	d.  Anesthetics; or
1378	e.  Anticoagulants.
1379
1380	This paragraph does not apply to a medical convenience kit
1381	containing any controlled substance that appears in any schedule
1382	contained in or subject to chapter 893 or the Federal
1383	Comprehensive Drug Abuse Prevention and Control Act of 1970.
1384	Section 18.  Section 499.029, Florida Statutes, is amended
1385	to read:
1386	499.029  Prescription Cancer Drug Donation Program.-
1387	(1)  This section may be cited as the Prescription "Cancer
1388	Drug Donation Program Act."
1389	(2)  There is created a Prescription Cancer Drug Donation
1390	Program within the department for the purpose of authorizing and
1391	facilitating the donation of prescription cancer drugs and
1392	supplies to eligible patients.
1393	(3)  As used in this section, the term:
1394	(a)  "Cancer drug" means a prescription drug that has been
1395	approved under s. 505 of the federal Food, Drug, and Cosmetic
1396	Act and is used to treat cancer or its side effects or is used
1397	to treat the side effects of a prescription drug used to treat
1398	cancer or its side effects. "Cancer drug" does not include a
1399	substance listed in Schedule II, Schedule III, Schedule IV, or
1400	Schedule V of s. 893.03.
1401	(a)(b)  "Closed drug delivery system" means a system in
1402	which the actual control of the unit-dose medication package is
1403	maintained by the facility rather than by the individual
1404	patient.
1405	(b)  "Dispensing practitioner" means a practitioner
1406	registered under s. 465.0276.
1407	(c)  "Donor" means a patient or patient representative who
1408	donates prescription cancer drugs or supplies needed to
1409	administer prescription cancer drugs that have been maintained
1410	within a closed drug delivery system; health care facilities,
1411	nursing homes, hospices, or hospitals with closed drug delivery
1412	systems; or pharmacies, prescription drug manufacturers, medical
1413	device manufacturers or suppliers, or wholesalers of
1414	prescription drugs or supplies, in accordance with this section.
1415	The term "donor" includes a physician licensed under chapter 458
1416	or chapter 459 who receives prescription cancer drugs or
1417	supplies directly from a drug manufacturer, wholesale
1418	distributor, or pharmacy.
1419	(d)  "Eligible patient" means a person who the department
1420	determines is eligible to receive prescription cancer drugs from
1421	the program.
1422	(e)  "Participant facility" means a class II hospital
1423	pharmacy or dispensing practitioner that has elected to
1424	participate in the program and that accepts donated prescription
1425	cancer drugs and supplies under the rules adopted by the
1426	department for the program.
1427	(f)  "Prescribing practitioner" means a physician licensed
1428	under chapter 458 or chapter 459 or any other medical
1429	professional with authority under state law to prescribe drugs
1430	cancer medication.
1431	(g)  "Prescription drug" does not include a substance
1432	listed in Schedule II, Schedule III, Schedule IV, or Schedule V
1433	of s. 893.03.
1434	(h)(g)  "Program" means the Prescription Cancer Drug
1435	Donation Program created by this section.
1436	(i)(h)  "Supplies" means any supplies used in the
1437	administration of a prescription cancer drug.
1438	(4)  Any donor may donate prescription cancer drugs or
1439	supplies to a participant facility that elects to participate in
1440	the program and meets criteria established by the department for
1441	such participation. Prescription Cancer drugs or supplies may
1442	not be donated to a specific cancer patient, and donated
1443	prescription drugs or supplies may not be resold by the
1444	participant program. Prescription Cancer drugs billed to and
1445	paid for by Medicaid in long-term care facilities that are
1446	eligible for return to stock under federal Medicaid regulations
1447	shall be credited to Medicaid and are not eligible for donation
1448	under the program. A participant facility may provide dispensing
1449	and counseling consulting services to individuals who are not
1450	patients of the participant hospital.
1451	(5)  The prescription cancer drugs or supplies donated to
1452	the program may be prescribed only by a prescribing practitioner
1453	for use by an eligible patient and may be dispensed only by a
1454	pharmacist or a dispensing practitioner.
1455	(6)(a)  A prescription cancer drug may only be accepted or
1456	dispensed under the program if the drug is in its original,
1457	unopened, sealed container, or in a tamper-evident unit-dose
1458	packaging, except that a prescription cancer drug packaged in
1459	single-unit doses may be accepted and dispensed if the outside
1460	packaging is opened but the single-unit-dose packaging is
1461	unopened with tamper-resistant packaging intact.
1462	(b)  A prescription cancer drug may not be accepted or
1463	dispensed under the program if the drug bears an expiration date
1464	that is less than 6 months after the date the drug was donated
1465	or if the drug appears to have been tampered with or mislabeled
1466	as determined in paragraph (c).
1467	(c)  Before Prior to being dispensed to an eligible
1468	patient, the prescription cancer drug or supplies donated under
1469	the program shall be inspected by a pharmacist or dispensing
1470	practitioner to determine that the drug and supplies do not
1471	appear to have been tampered with or mislabeled.
1472	(d)  A dispenser of donated prescription cancer drugs or
1473	supplies may not submit a claim or otherwise seek reimbursement
1474	from any public or private third-party payor for donated
1475	prescription cancer drugs or supplies dispensed to any patient
1476	under the program, and a public or private third-party payor is
1477	not required to provide reimbursement to a dispenser for donated
1478	prescription cancer drugs or supplies dispensed to any patient
1479	under the program.
1480	(7)(a)  A donation of prescription cancer drugs or supplies
1481	shall be made only at a participant's participant facility. A
1482	participant facility may decline to accept a donation. A
1483	participant facility that accepts donated prescription cancer
1484	drugs or supplies under the program shall comply with all
1485	applicable provisions of state and federal law relating to the
1486	storage and dispensing of the donated prescription cancer drugs
1487	or supplies.
1488	(b)  A participant facility that voluntarily takes part in
1489	the program may charge a handling fee sufficient to cover the
1490	cost of preparation and dispensing of prescription cancer drugs
1491	or supplies under the program. The fee shall be established in
1492	rules adopted by the department.
1493	(8)  The department, upon the recommendation of the Board
1494	of Pharmacy, shall adopt rules to carry out the provisions of
1495	this section. Initial rules under this section shall be adopted
1496	no later than 90 days after the effective date of this act. The
1497	rules shall include, but not be limited to:
1498	(a)  Eligibility criteria, including a method to determine
1499	priority of eligible patients under the program.
1500	(b)  Standards and procedures for participants participant
1501	facilities that accept, store, distribute, or dispense donated
1502	prescription cancer drugs or supplies.
1503	(c)  Necessary forms for administration of the program,
1504	including, but not limited to, forms for use by entities that
1505	donate, accept, distribute, or dispense prescription cancer
1506	drugs or supplies under the program.
1507	(d)  The maximum handling fee that may be charged by a
1508	participant facility that accepts and distributes or dispenses
1509	donated prescription cancer drugs or supplies.
1510	(e)  Categories of prescription cancer drugs and supplies
1511	that the program will accept for dispensing; however, the
1512	department may exclude any drug based on its therapeutic
1513	effectiveness or high potential for abuse or diversion.
1514	(f)  Maintenance and distribution of the participant
1515	facility registry established in subsection (10).
1516	(9)  A person who is eligible to receive prescription
1517	cancer drugs or supplies under the state Medicaid program or
1518	under any other prescription drug program funded in whole or in
1519	part by the state, by any other prescription drug program funded
1520	in whole or in part by the Federal Government, or by any other
1521	prescription drug program offered by a third-party insurer,
1522	unless benefits have been exhausted, or a certain prescription
1523	cancer drug or supply is not covered by the prescription drug
1524	program, is ineligible to participate in the program created
1525	under this section.
1526	(10)  The department shall establish and maintain a
1527	participant facility registry for the program. The participant
1528	facility registry shall include the participant's participant
1529	facility's name, address, and telephone number. The department
1530	shall make the participant facility registry available on the
1531	department's website to any donor wishing to donate prescription
1532	cancer drugs or supplies to the program. The department's
1533	website shall also contain links to prescription cancer drug
1534	manufacturers that offer drug assistance programs or free
1535	medication.
1536	(11)  Any donor of prescription cancer drugs or supplies,
1537	or any participant in the program, who exercises reasonable care
1538	in donating, accepting, distributing, or dispensing prescription
1539	cancer drugs or supplies under the program and the rules adopted
1540	under this section shall be immune from civil or criminal
1541	liability and from professional disciplinary action of any kind
1542	for any injury, death, or loss to person or property relating to
1543	such activities.
1544	(12)  A pharmaceutical manufacturer is not liable for any
1545	claim or injury arising from the transfer of any prescription
1546	cancer drug under this section, including, but not limited to,
1547	liability for failure to transfer or communicate product or
1548	consumer information regarding the transferred drug, as well as
1549	the expiration date of the transferred drug.
1550	(13)  If any conflict exists between the provisions in this
1551	section and the provisions in this chapter or chapter 465, the
1552	provisions in this section shall control the operation of the
1553	Cancer Drug Donation program.
1554	Section 19.  Subsections (4) and (5) of section 509.013,
1555	Florida Statutes, are amended to read:
1556	509.013  Definitions.-As used in this chapter, the term:
1557	(4)(a)  "Public lodging establishment" includes a transient
1558	public lodging establishment as defined in subparagraph 1. and a
1559	nontransient public lodging establishment as defined in
1560	subparagraph 2.
1561	1.  "Transient public lodging establishment" means any
1562	unit, group of units, dwelling, building, or group of buildings
1563	within a single complex of buildings which is rented to guests
1564	more than three times in a calendar year for periods of less
1565	than 30 days or 1 calendar month, whichever is less, or which is
1566	advertised or held out to the public as a place regularly rented
1567	to guests.
1568	2.  "Nontransient public lodging establishment" means any
1569	unit, group of units, dwelling, building, or group of buildings
1570	within a single complex of buildings which is rented to guests
1571	for periods of at least 30 days or 1 calendar month, whichever
1572	is less, or which is advertised or held out to the public as a
1573	place regularly rented to guests for periods of at least 30 days
1574	or 1 calendar month.
1575
1576	License classifications of public lodging establishments, and
1577	the definitions therefor, are set out in s. 509.242. For the
1578	purpose of licensure, the term does not include condominium
1579	common elements as defined in s. 718.103.
1580	(b)  The following are excluded from the definitions in
1581	paragraph (a):
1582	1.  Any dormitory or other living or sleeping facility
1583	maintained by a public or private school, college, or university
1584	for the use of students, faculty, or visitors;
1585	2.  Any facility certified or licensed and regulated by the
1586	Agency for Health Care Administration or the Department of
1587	Children and Family Services hospital, nursing home, sanitarium,
1588	assisted living facility, or other similar place regulated under
1589	s. 381.0072;
1590	3.  Any place renting four rental units or less, unless the
1591	rental units are advertised or held out to the public to be
1592	places that are regularly rented to transients;
1593	4.  Any unit or group of units in a condominium,
1594	cooperative, or timeshare plan and any individually or
1595	collectively owned one-family, two-family, three-family, or
1596	four-family dwelling house or dwelling unit that is rented for
1597	periods of at least 30 days or 1 calendar month, whichever is
1598	less, and that is not advertised or held out to the public as a
1599	place regularly rented for periods of less than 1 calendar
1600	month, provided that no more than four rental units within a
1601	single complex of buildings are available for rent;
1602	5.  Any migrant labor camp or residential migrant housing
1603	permitted by the Department of Health; under ss. 381.008-
1604	381.00895; and
1605	6.  Any establishment inspected by the Department of Health
1606	and regulated by chapter 513.
1607	(5)(a)  "Public food service establishment" means any
1608	building, vehicle, place, or structure, or any room or division
1609	in a building, vehicle, place, or structure where food is
1610	prepared, served, or sold for immediate consumption on or in the
1611	vicinity of the premises; called for or taken out by customers;
1612	or prepared prior to being delivered to another location for
1613	consumption.
1614	(b)  The following are excluded from the definition in
1615	paragraph (a):
1616	1.  Any place maintained and operated by a public or
1617	private school, college, or university:
1618	a.  For the use of students and faculty; or
1619	b.  Temporarily to serve such events as fairs, carnivals,
1620	and athletic contests.
1621	2.  Any eating place maintained and operated by a church or
1622	a religious, nonprofit fraternal, or nonprofit civic
1623	organization:
1624	a.  For the use of members and associates; or
1625	b.  Temporarily to serve such events as fairs, carnivals,
1626	or athletic contests.
1627	3.  Any eating place located on an airplane, train, bus, or
1628	watercraft which is a common carrier.
1629	4.  Any eating place maintained by a facility certified or
1630	licensed and regulated by the Agency for Health Care
1631	Administration or the Department of Children and Family Services
1632	hospital, nursing home, sanitarium, assisted living facility,
1633	adult day care center, or other similar place that is regulated
1634	under s. 381.0072.
1635	5.  Any place of business issued a permit or inspected by
1636	the Department of Agriculture and Consumer Services under s.
1637	500.12.
1638	6.  Any place of business where the food available for
1639	consumption is limited to ice, beverages with or without
1640	garnishment, popcorn, or prepackaged items sold without
1641	additions or preparation.
1642	7.  Any theater, if the primary use is as a theater and if
1643	patron service is limited to food items customarily served to
1644	the admittees of theaters.
1645	8.  Any vending machine that dispenses any food or
1646	beverages other than potentially hazardous foods, as defined by
1647	division rule.
1648	9.  Any vending machine that dispenses potentially
1649	hazardous food and which is located in a facility regulated
1650	under s. 381.0072.
1651	10.  Any research and development test kitchen limited to
1652	the use of employees and which is not open to the general
1653	public.
1654	Section 20.  (1)  All of the statutory powers, duties, and
1655	functions, records, personnel, property, and unexpended balances
1656	of appropriations, allocations, or other funds for the
1657	administration of part I of chapter 499, Florida Statutes,
1658	relating to drugs, devices, cosmetics, and household products
1659	shall be transferred by a type two transfer, as defined in s.
1660	20.06(2), Florida Statutes, from the Department of Health to the
1661	Department of Business and Professional Regulation.
1662	(2)  The transfer of regulatory authority under part I of
1663	chapter 499, Florida Statutes, provided by this section shall
1664	not affect the validity of any judicial or administrative action
1665	pending as of 11:59 p.m. on the day before the effective date of
1666	this section to which the Department of Health is at that time a
1667	party, and the Department of Business and Professional
1668	Regulation shall be substituted as a party in interest in any
1669	such action.
1670	(3)  All lawful orders issued by the Department of Health
1671	implementing or enforcing or otherwise in regard to any
1672	provision of part I of chapter 499, Florida Statutes, issued
1673	prior to the effective date of this section shall remain in
1674	effect and be enforceable after the effective date of this
1675	section unless thereafter modified in accordance with law.
1676	(4)  The rules of the Department of Health relating to the
1677	implementation of part I of chapter 499, Florida Statutes, that
1678	were in effect at 11:59 p.m. on the day prior to the effective
1679	date of this section shall become the rules of the Department of
1680	Business and Professional Regulation and shall remain in effect
1681	until amended or repealed in the manner provided by law.
1682	(5)  Notwithstanding the transfer of regulatory authority
1683	under part I of chapter 499, Florida Statutes, provided by this
1684	section, persons and entities holding in good standing any
1685	permit under part I of chapter 499, Florida Statutes, as of
1686	11:59 p.m. on the day prior to the effective date of this
1687	section shall, as of the effective date of this section, be
1688	deemed to hold in good standing a permit in the same capacity as
1689	that for which the permit was formerly issued.
1690	(6)  Notwithstanding the transfer of regulatory authority
1691	under part I of chapter 499, Florida Statutes, provided by this
1692	section, persons holding in good standing any certification
1693	under part I of chapter 499, Florida Statutes, as of 11:59 p.m.
1694	on the day prior to the effective date of this section shall, as
1695	of the effective date of this section, be deemed to be certified
1696	in the same capacity in which they were formerly certified.
1697	(7)  This section shall take effect July 1, 2011.
1698	Section 21.  (1)  All of the statutory powers, duties, and
1699	functions, records, personnel, property, and unexpended balances
1700	of appropriations, allocations, or other funds for the
1701	administration of the boards and professions established within
1702	the Division of Medical Quality Assurance as specified in s.
1703	20.43(3)(g), Florida Statutes, shall be transferred by a type
1704	two transfer, as defined in s. 20.06(2), Florida Statutes, from
1705	the Department of Health to the Department of Business and
1706	Professional Regulation.
1707	(2)  The transfer of regulatory authority of the Division
1708	of Medical Quality Assurance provided by this section shall not
1709	affect the validity of any judicial or administrative action
1710	pending as of 11:59 p.m. on the day before the effective date of
1711	this section to which the Department of Health is at that time a
1712	party, and the Department of Business and Professional
1713	Regulation shall be substituted as a party in interest in any
1714	such action.
1715	(3)  All lawful orders issued by the Department of Health
1716	implementing or enforcing or otherwise in regard to any function
1717	of the Division of Medical Quality Assurance issued prior to the
1718	effective date of this section shall remain in effect and be
1719	enforceable after the effective date of this section unless
1720	thereafter modified in accordance with law.
1721	(4)  The rules of the Department of Health relating to the
1722	implementation of statutory directives administered by the
1723	Division of Medical Quality Assurance that were in effect at
1724	11:59 p.m. on the day prior to the effective date of this
1725	section shall become the rules of the Department of Business and
1726	Professional Regulation and shall remain in effect until amended
1727	or repealed in the manner provided by law.
1728	(5)  Notwithstanding the transfer of regulatory authority
1729	of the Division of Medical Quality Assurance provided by this
1730	section, persons and entities holding in good standing any
1731	license or permit issued by the Division of Medical Quality
1732	Assurance as of 11:59 p.m. on the day prior to the effective
1733	date of this section shall, as of the effective date of this
1734	section, be deemed to hold in good standing a permit in the same
1735	capacity as that for which the permit was formerly issued.
1736	(6)  Notwithstanding the transfer of regulatory authority
1737	of the Division of Medical Quality Assurance provided by this
1738	section, persons holding in good standing any certification
1739	issued by the Division of Medical Quality Assurance as of 11:59
1740	p.m. on the day prior to the effective date of this section
1741	shall, as of the effective date of this section, be deemed to be
1742	certified in the same capacity in which they were formerly
1743	certified.
1744	(7)  This section shall take effect July 1, 2011.
1745	Section 22.  Except as otherwise expressly provided in this
1746	act, this act shall take effect July 1, 2010.

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