Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1263, 2nd Eng.
                                Barcode 202350                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/08/2012 06:42 PM       .                                

       Senator Hays moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 2404 - 4214
    4  and insert:
    5         Section 43. Subsection (5) of section 381.0303, Florida
    6  Statutes, is amended to read:
    7         381.0303 Special needs shelters.—
    9  Surgeon General may establish a special needs shelter
   10  interagency committee and serve as, or appoint a designee to
   11  serve as, the committee’s chair. The department shall provide
   12  any necessary staff and resources to support the committee in
   13  the performance of its duties. The committee shall address and
   14  resolve problems related to special needs shelters not addressed
   15  in the state comprehensive emergency medical plan and shall
   16  consult on the planning and operation of special needs shelters.
   17         (a) The committee shall:
   18         1. develop, negotiate, and regularly review any necessary
   19  interagency agreements, and.
   20         2. undertake other such activities as the department deems
   21  necessary to facilitate the implementation of this section.
   22         3. Submit recommendations to the Legislature as necessary.
   23         (b) The special needs shelter interagency committee shall
   24  be composed of representatives of emergency management, health,
   25  medical, and social services organizations. Membership shall
   26  include, but shall not be limited to, representatives of the
   27  Departments of Health, Children and Family Services, Elderly
   28  Affairs, and Education; the Agency for Health Care
   29  Administration; the Division of Emergency Management; the
   30  Florida Medical Association; the Florida Osteopathic Medical
   31  Association; Associated Home Health Industries of Florida, Inc.;
   32  the Florida Nurses Association; the Florida Health Care
   33  Association; the Florida Assisted Living Affiliation; the
   34  Florida Hospital Association; the Florida Statutory Teaching
   35  Hospital Council; the Florida Association of Homes for the
   36  Aging; the Florida Emergency Preparedness Association; the
   37  American Red Cross; Florida Hospices and Palliative Care, Inc.;
   38  the Association of Community Hospitals and Health Systems; the
   39  Florida Association of Health Maintenance Organizations; the
   40  Florida League of Health Systems; the Private Care Association;
   41  the Salvation Army; the Florida Association of Aging Services
   42  Providers; the AARP; and the Florida Renal Coalition.
   43         (c) Meetings of the committee shall be held in Tallahassee,
   44  and members of the committee shall serve at the expense of the
   45  agencies or organizations they represent. The committee shall
   46  make every effort to use teleconference or videoconference
   47  capabilities in order to ensure statewide input and
   48  participation.
   49         Section 44. Section 381.04015, Florida Statutes, is
   50  repealed.
   51         Section 45. Subsections (2), (3), and (4) of section
   52  381.0403, Florida Statutes, are amended to read:
   53         381.0403 The Community Hospital Education Act.—
   55         (a) It is the intent of the Legislature that health care
   56  services for the citizens of this state be upgraded and that a
   57  program for continuing these services be maintained through a
   58  plan for community medical education. The A program is intended
   59  established to plan for community medical education, provide
   60  additional outpatient and inpatient services, increase the a
   61  continuing supply of highly trained physicians, and expand
   62  graduate medical education.
   63         (b) The Legislature further acknowledges the critical need
   64  for increased numbers of primary care physicians to provide the
   65  necessary current and projected health and medical services. In
   66  order to meet both present and anticipated needs, the
   67  Legislature supports an expansion in the number of family
   68  practice residency positions. The Legislature intends that the
   69  funding for graduate education in family practice be maintained
   70  and that funding for all primary care specialties be provided at
   71  a minimum of $10,000 per resident per year. Should funding for
   72  this act remain constant or be reduced, it is intended that all
   73  programs funded by this act be maintained or reduced
   74  proportionately.
   77         (a) There is established under the Department of Health a
   78  program for statewide graduate medical education. It is intended
   79  that continuing graduate medical education programs for interns
   80  and residents be established on a statewide basis. The program
   81  shall provide financial support for primary care specialty
   82  interns and residents based on recommendations of policies
   83  recommended and approved by the Community Hospital Education
   84  Council, herein established, and the Department of Health, as
   85  authorized by the General Appropriations Act. Only those
   86  programs with at least three residents or interns in each year
   87  of the training program are qualified to apply for financial
   88  support. Programs with fewer than three residents or interns per
   89  training year are qualified to apply for financial support, but
   90  only if the appropriate accrediting entity for the particular
   91  specialty has approved the program for fewer positions. New
   92  programs added after fiscal year 1997-1998 shall have 5 years to
   93  attain the requisite number of residents or interns. When
   94  feasible and to the extent allowed through the General
   95  Appropriations Act, state funds shall be used to generate
   96  federal matching funds under Medicaid, or other federal
   97  programs, and the resulting combined state and federal funds
   98  shall be allocated to participating hospitals for the support of
   99  graduate medical education.
  100         (b) For the purposes of this section, primary care
  101  specialties include emergency medicine, family practice,
  102  internal medicine, pediatrics, psychiatry,
  103  obstetrics/gynecology, and combined pediatrics and internal
  104  medicine, and other primary care specialties as may be included
  105  by the council and Department of Health.
  106         (c) Medical institutions throughout the state may apply to
  107  the Community Hospital Education Council for grants-in-aid for
  108  financial support of their approved programs. Recommendations
  109  for funding of approved programs shall be forwarded to the
  110  Department of Health.
  111         (d) The program shall provide a plan for community clinical
  112  teaching and training with the cooperation of the medical
  113  profession, hospitals, and clinics. The plan shall also include
  114  formal teaching opportunities for intern and resident training.
  115  In addition, the plan shall establish an off-campus medical
  116  faculty with university faculty review to be located throughout
  117  the state in local communities.
  119         (a) There is established under the Department of Health a
  120  program for fostering graduate medical education innovations.
  121  Funds appropriated annually by the Legislature for this purpose
  122  shall be distributed to participating hospitals or consortia of
  123  participating hospitals and Florida medical schools or to a
  124  Florida medical school for the direct costs of providing
  125  graduate medical education in community-based clinical settings
  126  on a competitive grant or formula basis to achieve state health
  127  care workforce policy objectives, including, but not limited to:
  128         1. Increasing the number of residents in primary care and
  129  other high demand specialties or fellowships;
  130         2. Enhancing retention of primary care physicians in
  131  Florida practice;
  132         3. Promoting practice in medically underserved areas of the
  133  state;
  134         4. Encouraging racial and ethnic diversity within the
  135  state’s physician workforce; and
  136         5. Encouraging increased production of geriatricians.
  137         (b) Participating hospitals or consortia of participating
  138  hospitals and Florida medical schools or a Florida medical
  139  school providing graduate medical education in community-based
  140  clinical settings may apply to the Community Hospital Education
  141  Council for funding under this innovations program, except when
  142  such innovations directly compete with services or programs
  143  provided by participating hospitals or consortia of
  144  participating hospitals, or by both hospitals and consortia.
  145  Innovations program funding shall be allocated provide funding
  146  based on recommendations of policies recommended and approved by
  147  the Community Hospital Education Council and the Department of
  148  Health, as authorized by the General Appropriations Act.
  149         (c) Participating hospitals or consortia of participating
  150  hospitals and Florida medical schools or Florida medical schools
  151  awarded an innovations grant shall provide the Community
  152  Hospital Education Council and Department of Health with an
  153  annual report on their project.
  154         Section 46. Subsection (7) of section 381.0405, Florida
  155  Statutes, is amended to read:
  156         381.0405 Office of Rural Health.—
  157         (7) APPROPRIATION.—The Legislature shall appropriate such
  158  sums as are necessary to support the Office of Rural Health.
  159         Section 47. Subsection (3) of section 381.0406, Florida
  160  Statutes, is amended to read:
  161         381.0406 Rural health networks.—
  162         (3) Because each rural area is unique, with a different
  163  health care provider mix, Health care provider membership may
  164  vary, but all networks shall include members that provide public
  165  health, comprehensive primary care, emergency medical care, and
  166  acute inpatient care.
  167         Section 48. Effective October 1, 2014, section 381.0407,
  168  Florida Statutes, is repealed.
  169         Section 49. Section 381.045, Florida Statutes, is repealed.
  170         Section 50. Subsection (7) of section 381.06015, Florida
  171  Statutes, is amended to read:
  172         381.06015 Public Cord Blood Tissue Bank.—
  173         (7) In order to fund the provisions of this section the
  174  consortium participants, the Agency for Health Care
  175  Administration, and the Department of Health shall seek private
  176  or federal funds to initiate program actions for fiscal year
  177  2000-2001.
  178         Section 51. Section 381.0605, Florida Statutes, is
  179  repealed.
  180         Section 52. Sections 381.1001, 381.1015, 381.102, and
  181  381.103, Florida Statutes, are repealed.
  182         Section 53. Subsection (2) of section 381.4018, Florida
  183  Statutes, is repealed.
  184         Section 54. Section 381.60225, Florida Statutes, is
  185  repealed.
  186         Section 55. Sections 381.732, 381.733, and 381.734, Florida
  187  Statutes, are repealed.
  188         Section 56. Section 381.7352, Florida Statutes, is amended
  189  to read:
  190         381.7352 Legislative findings and intent.—
  191         (1) The Legislature finds that despite state investments in
  192  health care programs, certain racial and ethnic populations in
  193  Florida continue to have significantly poorer health outcomes
  194  when compared to non-Hispanic whites. The Legislature finds that
  195  local solutions to health care problems can have a dramatic and
  196  positive effect on the health status of these populations. Local
  197  governments and communities are best equipped to identify the
  198  health education, health promotion, and disease prevention needs
  199  of the racial and ethnic populations in their communities,
  200  mobilize the community to address health outcome disparities,
  201  enlist and organize local public and private resources, and
  202  faith-based organizations to address these disparities, and
  203  evaluate the effectiveness of interventions.
  204         (2) It is therefore the intent of the Legislature to
  205  provide funds within Florida counties and Front Porch Florida
  206  Communities, in the form of Reducing Racial and Ethnic Health
  207  Disparities: Closing the Gap grants, to stimulate the
  208  development of community-based and neighborhood-based projects
  209  which will improve the health outcomes of racial and ethnic
  210  populations. Further, it is the intent of the Legislature that
  211  these programs foster the development of coordinated,
  212  collaborative, and broad-based participation by public and
  213  private entities, and faith-based organizations. Finally, it is
  214  the intent of the Legislature that the grant program function as
  215  a partnership between state and local governments, faith-based
  216  organizations, and private sector health care providers,
  217  including managed care, voluntary health care resources, social
  218  service providers, and nontraditional partners.
  219         Section 57. Subsection (3) of section 381.7353, Florida
  220  Statutes, is amended to read:
  221         381.7353 Reducing Racial and Ethnic Health Disparities:
  222  Closing the Gap grant program; administration; department
  223  duties.—
  224         (3) Pursuant to s. 20.43(6), the State Surgeon General may
  225  appoint an ad hoc advisory committee to: examine areas where
  226  public awareness, public education, research, and coordination
  227  regarding racial and ethnic health outcome disparities are
  228  lacking; consider access and transportation issues which
  229  contribute to health status disparities; and make
  230  recommendations for closing gaps in health outcomes and
  231  increasing the public’s awareness and understanding of health
  232  disparities that exist between racial and ethnic populations.
  233         Section 58. Subsections (5) and (6) of section 381.7356,
  234  Florida Statutes, are renumbered as subsections (4) and (5),
  235  respectively, and present subsection (4) of that section is
  236  amended to read:
  237         381.7356 Local matching funds; grant awards.—
  238         (4) Dissemination of grant awards shall begin no later than
  239  January 1, 2001.
  240         Section 59. Subsection (3) of section 381.765, Florida
  241  Statutes, is amended to read:
  242         381.765 Retention of title to and disposal of equipment.—
  243         (3) The department may adopt rules relating to records and
  244  recordkeeping for department-owned property referenced in
  245  subsections (1) and (2).
  246         Section 60. Section 381.77, Florida Statutes, is repealed.
  247         Section 61. Section 381.795, Florida Statutes, is repealed.
  248         Section 62. Subsections (2) through (5) of section 381.853,
  249  Florida Statutes, are renumbered as subsections (1) through (4),
  250  respectively, and present subsection (1) of that section is
  251  amended to read:
  252         381.853 Florida Center for Brain Tumor Research.—
  253         (1) The Legislature finds that each year an estimated
  254  190,000 citizens of the United States are diagnosed with
  255  cancerous and noncancerous brain tumors and that biomedical
  256  research is the key to finding cures for these tumors. The
  257  Legislature further finds that, although brain tumor research is
  258  being conducted throughout the state, there is a lack of
  259  coordinated efforts among researchers and health care providers.
  260  Therefore, the Legislature finds that there is a significant
  261  need for a coordinated effort to achieve the goal of curing
  262  brain tumors. The Legislature further finds that the biomedical
  263  technology sector meets the criteria of a high-impact sector,
  264  pursuant to s. 288.108(6), having a high importance to the
  265  state’s economy with a significant potential for growth and
  266  contribution to our universities and quality of life.
  267         Section 63. Section 381.855, Florida Statutes, is repealed.
  268         Section 64. Section 381.87, Florida Statutes, is repealed.
  269         Section 65. Section 381.90, Florida Statutes, is repealed.
  270         Section 66. Subsection (1) of section 381.91, Florida
  271  Statutes, is amended to read:
  272         381.91 Jessie Trice Cancer Prevention Program.—
  273         (1) It is the intent of the Legislature to:
  274         (a) Reduce the rates of illness and death from lung cancer
  275  and other cancers and improve the quality of life among low
  276  income African-American and Hispanic populations through
  277  increased access to early, effective screening and diagnosis,
  278  education, and treatment programs.
  279         (b) create a community faith-based disease-prevention
  280  program in conjunction with the Health Choice Network and other
  281  community health centers to build upon the natural referral and
  282  education networks in place within minority communities and to
  283  increase access to health service delivery in Florida and.
  284         (c) establish a funding source to build upon local private
  285  participation to sustain the operation of the program.
  286         Section 67. Subsection (5) of section 381.922, Florida
  287  Statutes, is amended to read:
  288         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  289  Cancer Research Program.—
  290         (5) The William G. “Bill” Bankhead, Jr., and David Coley
  291  Cancer Research Program is funded pursuant to s. 215.5602(12).
  292  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
  293  David Coley Cancer Research Program shall be distributed
  294  pursuant to this section to provide grants to researchers
  295  seeking cures for cancer and cancer-related illnesses, with
  296  emphasis given to the goals enumerated in this section. From the
  297  total funds appropriated, an amount of up to 10 percent may be
  298  used for administrative expenses. From funds appropriated to
  299  accomplish the goals of this section, up to $250,000 shall be
  300  available for the operating costs of the Florida Center for
  301  Universal Research to Eradicate Disease.
  302         Section 68. Paragraph (g) of subsection (1) of section
  303  383.011, Florida Statutes, is amended to read:
  304         383.011 Administration of maternal and child health
  305  programs.—
  306         (1) The Department of Health is designated as the state
  307  agency for:
  308         (g) Receiving the federal funds for the “Special
  309  Supplemental Nutrition Program for Women, Infants, and
  310  Children,” or WIC, authorized by the Child Nutrition Act of
  311  1966, as amended, and for providing clinical leadership for
  312  administering the statewide WIC program.
  313         1. The department shall establish an interagency agreement
  314  with the Department of Children and Family Services for fiscal
  315  management of the program. Responsibilities are delegated to
  316  each department, as follows:
  317         a. The department shall provide clinical leadership, manage
  318  program eligibility, and distribute nutritional guidance and
  319  information to participants.
  320         b. The Department of Children and Family Services shall
  321  develop and implement an electronic benefits transfer system.
  322         c. The Department of Children and Family Services shall
  323  develop a cost containment plan that provides timely and
  324  accurate adjustments based on wholesale price fluctuations and
  325  adjusts for the number of cash registers in calculating
  326  statewide averages.
  327         d. The department shall coordinate submission of
  328  information to appropriate federal officials in order to obtain
  329  approval of the electronic benefits system and cost containment
  330  plan, which must include participation of WIC-only stores.
  331         2. The department shall assist the Department of Children
  332  and Family Services in the development of the electronic
  333  benefits system to ensure full implementation no later than July
  334  1, 2013.
  335         Section 69. Section 383.141, Florida Statutes, is created
  336  to read:
  337         383.141 Prenatally diagnosed conditions; patient to be
  338  provided information; definitions; information clearinghouse;
  339  advisory council.—
  340         (1) As used in this section, the term:
  341         (a) “Down syndrome” means a chromosomal disorder caused by
  342  an error in cell division which results in the presence of an
  343  extra whole or partial copy of chromosome 21.
  344         (b) “Developmental disability” includes Down syndrome and
  345  other developmental disabilities defined by s. 393.063(9).
  346         (c) “Health care provider” means a practitioner licensed
  347  under chapter 458 or chapter 459.
  348         (d) “Prenatally diagnosed condition” means an adverse fetal
  349  health condition identified by prenatal testing.
  350         (e) “Prenatal test” or “prenatal testing” means a
  351  diagnostic procedure or screening procedure performed on a
  352  pregnant woman or her unborn offspring to obtain information
  353  about the offspring’s health or development.
  354         (2) When a developmental disability is diagnosed based on
  355  the results of a prenatal test, the health care provider who
  356  ordered the prenatal test, or his or her designee, shall provide
  357  the patient with current information about the nature of the
  358  developmental disability, the accuracy of the prenatal test, and
  359  resources for obtaining relevant support services, including
  360  hotlines, resource centers, and information clearinghouses
  361  related to Down syndrome or other prenatally diagnosed
  362  developmental disabilities; support programs for parents and
  363  families; and developmental evaluation and intervention services
  364  under s. 391.303.
  365         (3) The Department of Health shall establish on its
  366  Internet website a clearinghouse of information related to
  367  developmental disabilities concerning providers of supportive
  368  services, information hotlines specific to Down syndrome and
  369  other prenatally diagnosed developmental disabilities, resource
  370  centers, educational programs, other support programs for
  371  parents and families, and developmental evaluation and
  372  intervention services under s. 391.303. Such information shall
  373  be made available to health care providers for use in counseling
  374  pregnant women whose unborn children have been prenatally
  375  diagnosed with developmental disabilities.
  376         (a) There is established an advisory council within the
  377  Department of Health which consists of health care providers and
  378  caregivers who perform health care services for persons who have
  379  developmental disabilities, including Down syndrome and autism.
  380  This group shall consist of nine members as follows:
  381         1. Three members appointed by the Governor;
  382         2. Three members appointed by the President of the Senate;
  383  and
  384         3. Three members appointed by the Speaker of the House of
  385  Representatives.
  386         (b) The advisory council shall provide technical assistance
  387  to the Department of Health in the establishment of the
  388  information clearinghouse and give the department the benefit of
  389  the council members’ knowledge and experience relating to the
  390  needs of patients and families of patients with developmental
  391  disabilities and available support services.
  392         (c) Members of the council shall elect a chairperson and a
  393  vice chairperson. The elected chairperson and vice chairperson
  394  shall serve in these roles until their terms of appointment on
  395  the council expire.
  396         (d) The advisory council shall meet quarterly to review
  397  this clearinghouse of information, and may meet more often at
  398  the call of the chairperson or as determined by a majority of
  399  members.
  400         (e) The council members shall be appointed to 4-year terms,
  401  except that, to provide for staggered terms, one initial
  402  appointee each from the Governor, the President of the Senate,
  403  and the Speaker of the House of Representatives shall be
  404  appointed to a 2-year term, one appointee each from these
  405  officials shall be appointed to a 3-year term, and the remaining
  406  initial appointees shall be appointed to 4-year terms. All
  407  subsequent appointments shall be for 4-year terms. A vacancy
  408  shall be filled for the remainder of the unexpired term in the
  409  same manner as the original appointment.
  410         (f) Members of the council shall serve without
  411  compensation. Meetings of the council may be held in person,
  412  without reimbursement for travel expenses, or by teleconference
  413  or other electronic means.
  414         (g) The Department of Health shall provide administrative
  415  support for the advisory council.
  416         Section 70. Effective July 1, 2012, section 385.210,
  417  Florida Statutes, is repealed.
  418         Section 71. Section 391.016, Florida Statutes, is amended
  419  to read:
  420         391.016 Purposes and functions Legislative intent.—The
  421  Legislature intends that the Children’s Medical Services program
  422  is established for the following purposes and authorized to
  423  perform the following functions:
  424         (1) Provide to children with special health care needs a
  425  family-centered, comprehensive, and coordinated statewide
  426  managed system of care that links community-based health care
  427  with multidisciplinary, regional, and tertiary pediatric
  428  specialty care. The program shall coordinate and maintain a
  429  consistent may provide for the coordination and maintenance of
  430  consistency of the medical home for participating children in
  431  families with a Children’s Medical Services program participant,
  432  in order to achieve family-centered care.
  433         (2) Provide essential preventive, evaluative, and early
  434  intervention services for children at risk for or having special
  435  health care needs, in order to prevent or reduce long-term
  436  disabilities.
  437         (3) Serve as a principal provider for children with special
  438  health care needs under Titles XIX and XXI of the Social
  439  Security Act.
  440         (4) Be complementary to children’s health training programs
  441  essential for the maintenance of a skilled pediatric health care
  442  workforce for all Floridians.
  443         Section 72. Section 391.021, Florida Statutes, is amended
  444  to read:
  445         391.021 Definitions.—When used in this act, the term unless
  446  the context clearly indicates otherwise:
  447         (1) “Children’s Medical Services network” or “network”
  448  means a statewide managed care service system that includes
  449  health care providers, as defined in this section.
  450         (2) “Children with special health care needs” means those
  451  children younger than 21 years of age who have chronic and
  452  serious physical, developmental, behavioral, or emotional
  453  conditions and who also require health care and related services
  454  of a type or amount beyond that which is generally required by
  455  children.
  456         (3) “Department” means the Department of Health.
  457         (4) “Eligible individual” means a child with a special
  458  health care need or a female with a high-risk pregnancy, who
  459  meets the financial and medical eligibility standards
  460  established in s. 391.029.
  461         (5) “Health care provider” means a health care
  462  professional, health care facility, or entity licensed or
  463  certified to provide health services in this state that meets
  464  the criteria as established by the department.
  465         (6) “Health services” includes the prevention, diagnosis,
  466  and treatment of human disease, pain, injury, deformity, or
  467  disabling conditions.
  468         (7) “Participant” means an eligible individual who is
  469  enrolled in the Children’s Medical Services program.
  470         (8) “Program” means the Children’s Medical Services program
  471  established in the department.
  472         Section 73. Section 391.025, Florida Statutes, is amended
  473  to read:
  474         391.025 Applicability and scope.—
  475         (1) The Children’s Medical Services program consists of the
  476  following components:
  477         (a) The newborn screening program established in s. 383.14.
  478         (b) The regional perinatal intensive care centers program
  479  established in ss. 383.15-383.21.
  480         (c) A federal or state program authorized by the
  481  Legislature.
  482         (c)(d) The developmental evaluation and intervention
  483  program, including the Florida Infants and Toddlers Early
  484  Intervention Program.
  485         (d)(e) The Children’s Medical Services network.
  486         (2) The Children’s Medical Services program shall not be
  487  deemed an insurer and is not subject to the licensing
  488  requirements of the Florida Insurance Code or the rules adopted
  489  thereunder, when providing services to children who receive
  490  Medicaid benefits, other Medicaid-eligible children with special
  491  health care needs, and children participating in the Florida
  492  Kidcare program.
  493         Section 74. Section 391.026, Florida Statutes, is amended
  494  to read:
  495         391.026 Powers and duties of the department.—The department
  496  shall have the following powers, duties, and responsibilities:
  497         (1) To provide or contract for the provision of health
  498  services to eligible individuals.
  499         (2) To provide services to abused and neglected children
  500  through child protective teams pursuant to s. 39.303.
  501         (3)(2) To determine the medical and financial eligibility
  502  standards for the program and to determine the medical and
  503  financial eligibility of individuals seeking health services
  504  from the program.
  505         (3) To recommend priorities for the implementation of
  506  comprehensive plans and budgets.
  507         (4) To coordinate a comprehensive delivery system for
  508  eligible individuals to take maximum advantage of all available
  509  funds.
  510         (5) To promote, establish, and coordinate with programs
  511  relating to children’s medical services in cooperation with
  512  other public and private agencies and to coordinate funding of
  513  health care programs with federal, state, or local indigent
  514  health care funding mechanisms.
  515         (6) To initiate and, coordinate, and request review of
  516  applications to federal agencies and private organizations and
  517  state agencies for funds, services, or commodities relating to
  518  children’s medical programs.
  519         (7) To sponsor or promote grants for projects, programs,
  520  education, or research in the field of medical needs of children
  521  with special health needs, with an emphasis on early diagnosis
  522  and treatment.
  523         (8) To oversee and operate the Children’s Medical Services
  524  network.
  525         (9) To establish reimbursement mechanisms for the
  526  Children’s Medical Services network.
  527         (10) To establish Children’s Medical Services network
  528  standards and credentialing requirements for health care
  529  providers and health care services.
  530         (11) To serve as a provider and principal case manager for
  531  children with special health care needs under Titles XIX and XXI
  532  of the Social Security Act.
  533         (12) To monitor the provision of health services in the
  534  program, including the utilization and quality of health
  535  services.
  536         (13) To administer the Children with Special Health Care
  537  Needs program in accordance with Title V of the Social Security
  538  Act.
  539         (14) To establish and operate a grievance resolution
  540  process for participants and health care providers.
  541         (15) To maintain program integrity in the Children’s
  542  Medical Services program.
  543         (16) To receive and manage health care premiums, capitation
  544  payments, and funds from federal, state, local, and private
  545  entities for the program. The department may contract with a
  546  third-party administrator for processing claims, monitoring
  547  medical expenses, and other related services necessary to the
  548  efficient and cost-effective operation of the Children’s Medical
  549  Services network. The department is authorized to maintain a
  550  minimum reserve for the Children’s Medical Services network in
  551  an amount that is the greater of:
  552         (a) Ten percent of total projected expenditures for Title
  553  XIX-funded and Title XXI-funded children; or
  554         (b) Two percent of total annualized payments from the
  555  Agency for Health Care Administration for Title XIX and Title
  556  XXI of the Social Security Act.
  557         (17) To provide or contract for appoint health care
  558  consultants for the purpose of providing peer review and other
  559  quality-improvement activities making recommendations to enhance
  560  the delivery and quality of services in the Children’s Medical
  561  Services program.
  562         (18) To adopt rules pursuant to ss. 120.536(1) and 120.54
  563  to administer the Children’s Medical Services Act. The rules may
  564  include requirements for definitions of terms, program
  565  organization, and program description; a process for selecting
  566  an area medical director; responsibilities of applicants and
  567  clients; requirements for service applications, including
  568  required medical and financial information; eligibility
  569  requirements for initial treatment and for continued
  570  eligibility, including financial and custody issues;
  571  methodologies for resource development and allocation, including
  572  medical and financial considerations; requirements for
  573  reimbursement services rendered to a client; billing and payment
  574  requirements for providers; requirements for qualification,
  575  appointments, verification, and emergency exceptions for health
  576  professional consultants; general and diagnostic-specific
  577  standards for diagnostic and treatment facilities; and standards
  578  for the method of service delivery, including consultant
  579  services, respect-for-privacy considerations, examination
  580  requirements, family support plans, and clinic design.
  581         Section 75. Section 391.028, Florida Statutes, is amended
  582  to read:
  583         391.028 Administration.—The Children’s Medical Services
  584  program shall have a central office and area offices.
  585         (1) The Director of Children’s Medical Services must be a
  586  physician licensed under chapter 458 or chapter 459 who has
  587  specialized training and experience in the provision of health
  588  care to children and who has recognized skills in leadership and
  589  the promotion of children’s health programs. The director shall
  590  be the deputy secretary and the Deputy State Health Officer for
  591  Children’s Medical Services and is appointed by and reports to
  592  the State Surgeon General. The director may appoint such other
  593  staff as necessary for the operation of the program division
  594  directors subject to the approval of the State Surgeon General.
  595         (2) The director shall provide for operational system using
  596  such department staff and contract providers as necessary. The
  597  program shall implement the following program activities under
  598  physician supervision on a statewide basis designate Children’s
  599  Medical Services area offices to perform operational activities,
  600  including, but not limited to:
  601         (a) Providing Case management services for the network
  602  participants;.
  603         (b) Management and Providing local oversight of local the
  604  program activities;.
  605         (c) Determining an individual’s Medical and financial
  606  eligibility determination for the program in accordance with s.
  607  391.029;.
  608         (d) Participating in the Determination of a level of care
  609  and medical complexity for long-term care services;.
  610         (e) Authorizing services in the program and developing
  611  spending plans;.
  612         (f) Participating in the Development of treatment plans;
  613  and.
  614         (g) Taking part in the Resolution of complaints and
  615  grievances from participants and health care providers.
  616         (3) Each Children’s Medical Services area office shall be
  617  directed by a physician licensed under chapter 458 or chapter
  618  459 who has specialized training and experience in the provision
  619  of health care to children. The director of a Children’s Medical
  620  Services area office shall be appointed by the director from the
  621  active panel of Children’s Medical Services physician
  622  consultants.
  623         Section 76. Section 391.029, Florida Statutes, is amended
  624  to read:
  625         391.029 Program eligibility.—
  626         (1) Eligibility The department shall establish the medical
  627  criteria to determine if an applicant for the Children’s Medical
  628  Services program is based on the diagnosis of one or more
  629  chronic and serious medical conditions and the family’s need for
  630  specialized services an eligible individual.
  631         (2) The following individuals are financially eligible to
  632  receive services through the program:
  633         (a) A high-risk pregnant female who is enrolled in eligible
  634  for Medicaid.
  635         (b) Children with serious special health care needs from
  636  birth to 21 years of age who are enrolled in eligible for
  637  Medicaid.
  638         (c) Children with serious special health care needs from
  639  birth to 19 years of age who are enrolled in eligible for a
  640  program under Title XXI of the Social Security Act.
  641         (3) Subject to the availability of funds, the following
  642  individuals may receive services through the program:
  643         (a) Children with serious special health care needs from
  644  birth to 21 years of age who do not qualify for Medicaid or
  645  whose family income is above the requirements for financial
  646  eligibility under Title XXI of the Social Security Act but who
  647  are unable to access, due to lack of providers or lack of
  648  financial resources, specialized services that are medically
  649  necessary or essential family support services and whose
  650  projected annual cost of care adjusts the family income to
  651  Medicaid financial criteria. Families In cases where the family
  652  income is adjusted based on a projected annual cost of care, the
  653  family shall participate financially in the cost of care based
  654  on a sliding fee scale criteria established by the department.
  655         (b) Children with special health care needs from birth to
  656  21 years of age, as provided in Title V of the Social Security
  657  Act.
  658         (c) An infant who receives an award of compensation under
  659  s. 766.31(1). The Florida Birth-Related Neurological Injury
  660  Compensation Association shall reimburse the Children’s Medical
  661  Services Network the state’s share of funding, which must
  662  thereafter be used to obtain matching federal funds under Title
  663  XXI of the Social Security Act.
  664         (4) The department shall determine the financial and
  665  medical eligibility of children for the program. The department
  666  shall also determine the financial ability of the parents, or
  667  persons or other agencies having legal custody over such
  668  individuals, to pay the costs of health services under the
  669  program. The department may pay reasonable travel expenses
  670  related to the determination of eligibility for or the provision
  671  of health services.
  672         (4)(5) Any child who has been provided with surgical or
  673  medical care or treatment under this act prior to being adopted
  674  and has serious and chronic special health needs shall continue
  675  to be eligible to be provided with such care or treatment after
  676  his or her adoption, regardless of the financial ability of the
  677  persons adopting the child.
  678         Section 77. Section 391.0315, Florida Statutes, is amended
  679  to read:
  680         391.0315 Benefits.—Benefits provided under the program for
  681  children with special health care needs shall be equivalent to
  682  the same benefits provided to children as specified in ss.
  683  409.905 and 409.906. The department may offer additional
  684  benefits for early intervention services, respite services,
  685  genetic testing, genetic and nutritional counseling, and parent
  686  support services, if such services are determined to be
  687  medically necessary. No child or person determined eligible for
  688  the program who is eligible under Title XIX or Title XXI of the
  689  Social Security Act shall receive any service other than an
  690  initial health care screening or treatment of an emergency
  691  medical condition as defined in s. 395.002, until such child or
  692  person is enrolled in Medicaid or a Title XXI program.
  693         Section 78. Effective January 1, 2013, section 392.51,
  694  Florida Statutes, is amended to read:
  695         392.51 Tuberculosis control Findings and intent.—A
  696  statewide system is established to control tuberculosis
  697  infection and mitigate its effects. The system consists The
  698  Legislature finds and declares that active tuberculosis is a
  699  highly contagious infection that is sometimes fatal and
  700  constitutes a serious threat to the public health. The
  701  Legislature finds that there is a significant reservoir of
  702  tuberculosis infection in this state and that there is a need to
  703  develop community programs to identify tuberculosis and to
  704  respond quickly with appropriate measures. The Legislature finds
  705  that some patients who have active tuberculosis have complex
  706  medical, social, and economic problems that make outpatient
  707  control of the disease difficult, if not impossible, without
  708  posing a threat to the public health. The Legislature finds that
  709  in order to protect the citizenry from those few persons who
  710  pose a threat to the public, it is necessary to establish a
  711  system of mandatory contact identification, treatment to cure,
  712  hospitalization, and isolation for contagious cases, and to
  713  provide a system of voluntary, community-oriented care and
  714  surveillance in all other cases. The Legislature finds that the
  715  delivery of Tuberculosis control services shall be provided is
  716  best accomplished by the coordinated efforts of the respective
  717  county health departments and contracted or other private health
  718  care providers, the A.G. Holley State Hospital, and the private
  719  health care delivery system.
  720         Section 79. Effective January 1, 2013, subsection (4) of
  721  section 392.61, Florida Statutes, is amended to read:
  722         392.61 Community tuberculosis control programs.—
  723         (4) The department shall develop, by rule, a methodology
  724  for distributing funds appropriated for tuberculosis control
  725  programs. Criteria to be considered in this methodology include,
  726  but are not limited to, the basic infrastructure available for
  727  tuberculosis control, caseload requirements, laboratory support
  728  services needed, and epidemiologic factors.
  729         Section 80. Effective January 1, 2013, section 392.62,
  730  Florida Statutes, is amended to read:
  731         392.62 Hospitalization and placement programs.—
  732         (1) The department shall contract for operation of operate
  733  a program for the treatment hospitalization of persons who have
  734  active tuberculosis in hospitals licensed under chapter 395 and
  735  may provide for appropriate placement of persons who have active
  736  tuberculosis in other health care facilities or residential
  737  facilities. The department shall require the contractor to use
  738  existing licensed community hospitals and other facilities for
  739  the care and treatment to cure of persons who have active
  740  tuberculosis or a history of noncompliance with prescribed drug
  741  regimens and require inpatient or other residential services.
  742         (2) The department may operate a licensed hospital for the
  743  care and treatment to cure of persons who have active
  744  tuberculosis. The hospital may have a forensic unit where, under
  745  medical protocol, a patient can be held in a secure or
  746  protective setting. The department shall also seek to maximize
  747  use of existing licensed community hospitals for the care and
  748  treatment to cure of persons who have active tuberculosis.
  749         (2)(3)The program for control of tuberculosis shall
  750  provide funding for participating facilities and require any
  751  such facilities to meet the following conditions Any licensed
  752  hospital operated by the department, any licensed hospital under
  753  contract with the department, and any other health care facility
  754  or residential facility operated by or under contract with the
  755  department for the care and treatment of patients who have
  756  active tuberculosis shall:
  757         (a) Admit patients voluntarily and under court order as
  758  appropriate for each particular facility;
  759         (b) Require that each patient pay the actual cost of care
  760  provided whether the patient is admitted voluntarily or by court
  761  order;
  762         (c) Provide for a method of paying for the care of patients
  763  in the program regardless of ability to pay who cannot afford to
  764  do so;
  765         (d) Require a primary clinical diagnosis of active
  766  tuberculosis by a physician licensed under chapter 458 or
  767  chapter 459 before admitting the patient; provided that there
  768  may be more than one primary diagnosis;
  769         (e) Provide a method of notification to the county health
  770  department and to the patient’s family, if any, before
  771  discharging the patient from the hospital or other facility;
  772         (f) Provide for the necessary exchange of medical
  773  information to assure adequate community treatment to cure and
  774  followup of discharged patients, as appropriate; and
  775         (g) Provide for a method of medical care and counseling and
  776  for housing, social service, and employment referrals, if
  777  appropriate, for all patients discharged from the hospital.
  778         (3)(4) A hospital may, pursuant to court order, place a
  779  patient in temporary isolation for a period of no more than 72
  780  continuous hours. The department shall obtain a court order in
  781  the same manner as prescribed in s. 392.57. Nothing in this
  782  subsection precludes a hospital from isolating an infectious
  783  patient for medical reasons.
  784         (4)(5) Any person committed under s. 392.57 who leaves the
  785  tuberculosis hospital or residential facility without having
  786  been discharged by the designated medical authority, except as
  787  provided in s. 392.63, shall be apprehended by the sheriff of
  788  the county in which the person is found and immediately
  789  delivered to the facility from which he or she left.
  790         Section 81. Subsection (1) of section 395.1027, Florida
  791  Statutes, is amended to read:
  792         395.1027 Regional poison control centers.—
  793         (1) There shall be created three certified regional poison
  794  control centers, one each in the north, central, and southern
  795  regions of the state. Each regional poison control center shall
  796  be affiliated with and physically located in a certified Level I
  797  trauma center. Each regional poison control center shall be
  798  affiliated with an accredited medical school or college of
  799  pharmacy. The regional poison control centers shall be
  800  coordinated under the aegis of the Division of Children’s
  801  Medical Services Prevention and Intervention in the department.
  802         Section 82. The Department of Health shall develop and
  803  implement a transition plan for the closure of A.G. Holley State
  804  Hospital. The plan shall include specific steps to end voluntary
  805  admissions; transfer patients to alternate facilities;
  806  communicate with families, providers, other affected parties,
  807  and the general public; enter into any necessary contracts with
  808  providers; and coordinate with the Department of Management
  809  Services regarding the disposition of equipment and supplies and
  810  the closure of the facility; and the Agency for Health Care
  811  Administration is directed to modify its reimbursement plans and
  812  seek federal approval, if necessary, to continue Medicaid
  813  funding throughout the treatment period in community hospitals
  814  and other facilities. The plan shall be submitted to the
  815  Governor, the Speaker of the House of Representatives, and the
  816  President of the Senate by May 31, 2012. The department shall
  817  fully implement the plan by January 1, 2013.
  818         Section 83. Subsection (4) of section 401.243, Florida
  819  Statutes, is amended to read:
  820         401.243 Injury prevention.—The department shall establish
  821  an injury-prevention program with responsibility for the
  822  statewide coordination and expansion of injury-prevention
  823  activities. The duties of the department under the program may
  824  include, but are not limited to, data collection, surveillance,
  825  education, and the promotion of interventions. In addition, the
  826  department may:
  827         (4) Adopt rules governing the implementation of grant
  828  programs. The rules may include, but need not be limited to,
  829  criteria regarding the application process, the selection of
  830  grantees, the implementation of injury-prevention activities,
  831  data collection, surveillance, education, and the promotion of
  832  interventions.
  833         Section 84. Subsection (6) of section 401.245, Florida
  834  Statutes, is renumbered as subsection (5), and present
  835  subsection (5) of that section is amended to read:
  836         401.245 Emergency Medical Services Advisory Council.—
  837         (5) The department shall adopt rules to implement this
  838  section, which rules shall serve as formal operating procedures
  839  for the Emergency Medical Services Advisory Council.
  840         Section 85. Section 401.271, Florida Statutes, is amended
  841  to read:
  842         401.271 Certification of emergency medical technicians and
  843  paramedics who are on active duty with the Armed Forces of the
  844  United States; spouses of members of the Armed Forces.—
  845         (1) Any member of the Armed Forces of the United States on
  846  active duty who, at the time he or she became a member, was in
  847  good standing with the department and was entitled to practice
  848  as an emergency medical technician or paramedic in the state
  849  remains in good standing without registering, paying dues or
  850  fees, or performing any other act, as long as he or she is a
  851  member of the Armed Forces of the United States on active duty
  852  and for a period of 6 months after his or her discharge from
  853  active duty as a member of the Armed Forces of the United
  854  States.
  855         (2) The department may adopt rules exempting the spouse of
  856  a member of the Armed Forces of the United States on active duty
  857  from certification renewal provisions while the spouse is absent
  858  from the state because of the member’s active duty with the
  859  Armed Forces.
  860         Section 86. Section 402.45, Florida Statutes is repealed.
  861         Section 87. Subsections (3) and (4) of section 403.863,
  862  Florida Statutes, are amended to read:
  863         403.863 State public water supply laboratory certification
  864  program.—
  865         (3) The Department of Health shall have the responsibility
  866  for the operation and implementation of the state laboratory
  867  certification program. The Department of Health shall contract
  868  for the evaluation and review of laboratory certification
  869  applications, and laboratory inspections., except that, Upon
  870  completion of the evaluation and review of the laboratory
  871  certification application, the evaluation shall be forwarded,
  872  along with recommendations, to the department for review and
  873  comment, prior to final approval or disapproval by the
  874  Department of Health.
  875         (4) The following acts constitute grounds for which the
  876  disciplinary actions specified in subsection (5) may be taken:
  877         (a) Making false statements on an application or on any
  878  document associated with certification.
  879         (b) Making consistent errors in analyses or erroneous
  880  reporting.
  881         (c) Permitting personnel who are not qualified, as required
  882  by rules of the Department of Health, to perform analyses.
  883         (d) Falsifying the results of analyses.
  884         (e) Failing to employ approved laboratory methods in
  885  performing analyses as outlined in rules of the Department of
  886  Health.
  887         (f) Failing to properly maintain facilities and equipment
  888  according to the laboratory’s quality assurance plan.
  889         (g) Failing to report analytical test results or maintain
  890  required records of test results as outlined in rules of the
  891  Department of Health.
  892         (h) Failing to participate successfully in a performance
  893  evaluation program approved by the Department of Health.
  894         (i) Violating any provision of this section or of the rules
  895  adopted under this section.
  896         (j) Falsely advertising services or credentials.
  897         (k) Failing to pay fees for initial certification or
  898  renewal certification or to pay inspection expenses incurred by
  899  the Department of Health.
  900         (l) Failing to report any change of an item included in the
  901  initial or renewal certification application.
  902         (m) Refusing to allow representatives of the department or
  903  the Department of Health to inspect a laboratory and its records
  904  during normal business hours.
  905         Section 88. Subsection (1) of section 400.914, Florida
  906  Statutes, is amended to read:
  907         400.914 Rules establishing standards.—
  908         (1) Pursuant to the intention of the Legislature to provide
  909  safe and sanitary facilities and healthful programs, the agency
  910  in conjunction with the Division of Children’s Medical Services
  911  Prevention and Intervention of the Department of Health shall
  912  adopt and publish rules to implement the provisions of this part
  913  and part II of chapter 408, which shall include reasonable and
  914  fair standards. Any conflict between these standards and those
  915  that may be set forth in local, county, or city ordinances shall
  916  be resolved in favor of those having statewide effect. Such
  917  standards shall relate to:
  918         (a) The assurance that PPEC services are family centered
  919  and provide individualized medical, developmental, and family
  920  training services.
  921         (b) The maintenance of PPEC centers, not in conflict with
  922  the provisions of chapter 553 and based upon the size of the
  923  structure and number of children, relating to plumbing, heating,
  924  lighting, ventilation, and other building conditions, including
  925  adequate space, which will ensure the health, safety, comfort,
  926  and protection from fire of the children served.
  927         (c) The appropriate provisions of the most recent edition
  928  of the “Life Safety Code” (NFPA-101) shall be applied.
  929         (d) The number and qualifications of all personnel who have
  930  responsibility for the care of the children served.
  931         (e) All sanitary conditions within the PPEC center and its
  932  surroundings, including water supply, sewage disposal, food
  933  handling, and general hygiene, and maintenance thereof, which
  934  will ensure the health and comfort of children served.
  935         (f) Programs and basic services promoting and maintaining
  936  the health and development of the children served and meeting
  937  the training needs of the children’s legal guardians.
  938         (g) Supportive, contracted, other operational, and
  939  transportation services.
  940         (h) Maintenance of appropriate medical records, data, and
  941  information relative to the children and programs. Such records
  942  shall be maintained in the facility for inspection by the
  943  agency.
  944         Section 89. Paragraph (f) of subsection (8) of section
  945  411.203, Florida Statutes, is amended to read:
  946         411.203 Continuum of comprehensive services.—The Department
  947  of Education and the Department of Health and Rehabilitative
  948  Services shall utilize the continuum of prevention and early
  949  assistance services for high-risk pregnant women and for high
  950  risk and handicapped children and their families, as outlined in
  951  this section, as a basis for the intraagency and interagency
  952  program coordination, monitoring, and analysis required in this
  953  chapter. The continuum shall be the guide for the comprehensive
  954  statewide approach for services for high-risk pregnant women and
  955  for high-risk and handicapped children and their families, and
  956  may be expanded or reduced as necessary for the enhancement of
  957  those services. Expansion or reduction of the continuum shall be
  958  determined by intraagency or interagency findings and agreement,
  959  whichever is applicable. Implementation of the continuum shall
  960  be based upon applicable eligibility criteria, availability of
  961  resources, and interagency prioritization when programs impact
  962  both agencies, or upon single agency prioritization when
  963  programs impact only one agency. The continuum shall include,
  964  but not be limited to:
  967         (f) Parent support groups, such as the community resource
  968  mother or father program as established in s. 402.45, or parents
  969  as first teachers, to strengthen families and to enable families
  970  of high-risk children to better meet their needs.
  971         Section 90. Paragraph (d) of subsection (11) of section
  972  409.256, Florida Statutes, is amended to read:
  973         409.256 Administrative proceeding to establish paternity or
  974  paternity and child support; order to appear for genetic
  975  testing.—
  979         (d) Upon rendering a final order of paternity or a final
  980  order of paternity and child support, the department shall
  981  notify the Office Division of Vital Statistics of the Department
  982  of Health that the paternity of the child has been established.
  983         Section 91. Section 458.346, Florida Statutes, is repealed.
  984         Section 92. Subsection (3) of section 462.19, Florida
  985  Statutes, is renumbered as subsection (2), and present
  986  subsection (2) of that section is amended to read:
  987         462.19 Renewal of license; inactive status.—
  988         (2) The department shall adopt rules establishing a
  989  procedure for the biennial renewal of licenses.
  990         Section 93. Subsection (6) of section 464.019, Florida
  991  Statutes, is amended to read:
  992         464.019 Approval of nursing education programs.—
  993         (6) ACCOUNTABILITY.—
  994         (a)1. An approved program must achieve a graduate passage
  995  rate that is not lower than 10 percentage points less than the
  996  average passage rate for graduates of comparable degree programs
  997  who are United States educated first-time test takers on the
  998  National Council of State Boards of Nursing Licensing
  999  Examination during a calendar year, as calculated by the
 1000  contract testing service of the National Council of State Boards
 1001  of Nursing. For purposes of this subparagraph, an approved
 1002  program is comparable to all degree programs of the same program
 1003  type from among the following program types:
 1004         a. Professional nursing education programs that terminate
 1005  in a bachelor’s degree.
 1006         b. Professional nursing education programs that terminate
 1007  in an associate degree.
 1008         c. Professional nursing education programs that terminate
 1009  in a diploma.
 1010         d. Practical nursing education programs.
 1011         2. Beginning with graduate passage rates for calendar year
 1012  2010, if an approved program’s graduate passage rates do not
 1013  equal or exceed the required passage rates for 2 consecutive
 1014  calendar years, the board shall place the program on
 1015  probationary status pursuant to chapter 120 and the program
 1016  director must appear before the board to present a plan for
 1017  remediation. The program shall remain on probationary status
 1018  until it achieves a graduate passage rate that equals or exceeds
 1019  the required passage rate for any 1 calendar year. The board
 1020  shall deny a program application for a new prelicensure nursing
 1021  education program submitted by an educational institution if the
 1022  institution has an existing program that is already on
 1023  probationary status.
 1024         3. Upon the program’s achievement of a graduate passage
 1025  rate that equals or exceeds the required passage rate, the
 1026  board, at its next regularly scheduled meeting following release
 1027  of the program’s graduate passage rate by the National Council
 1028  of State Boards of Nursing, shall remove the program’s
 1029  probationary status. However, if the program, during the 2
 1030  calendar years following its placement on probationary status,
 1031  does not achieve the required passage rate for any 1 calendar
 1032  year, the board shall terminate the program pursuant to chapter
 1033  120.
 1034         (b) If an approved program fails to submit the annual
 1035  report required in subsection (4), the board shall notify the
 1036  program director and president or chief executive officer of the
 1037  educational institution in writing within 15 days after the due
 1038  date of the annual report. The program director must appear
 1039  before the board at the board’s next regularly scheduled meeting
 1040  to explain the reason for the delay. The board shall terminate
 1041  the program pursuant to chapter 120 if it does not submit the
 1042  annual report within 6 months after the due date.
 1043         (c) An approved program on probationary status shall
 1044  disclose its probationary status in writing to the program’s
 1045  students and applicants.
 1046         Section 94. Section 464.0197, Florida Statutes, is
 1047  repealed.
 1048         Section 95. Subsection (1) of section 464.203, Florida
 1049  Statutes, is amended to read:
 1050         464.203 Certified nursing assistants; certification
 1051  requirement.—
 1052         (1) The board shall issue a certificate to practice as a
 1053  certified nursing assistant to any person who demonstrates a
 1054  minimum competency to read and write and successfully passes the
 1055  required background screening pursuant to s. 400.215 and meets
 1056  one of the following requirements:
 1057         (a) Has successfully completed an approved training program
 1058  and achieved a minimum score, established by rule of the board,
 1059  on the nursing assistant competency examination, which consists
 1060  of a written portion and skills-demonstration portion approved
 1061  by the board and administered at a site and by personnel
 1062  approved by the department.
 1063         (b) Has achieved a minimum score, established by rule of
 1064  the board, on the nursing assistant competency examination,
 1065  which consists of a written portion and skills-demonstration
 1066  portion, approved by the board and administered at a site and by
 1067  personnel approved by the department and:
 1068         1. Has a high school diploma, or its equivalent; or
 1069         2. Is at least 18 years of age.
 1070         (c) Is currently certified in another state; is listed on
 1071  that state’s certified nursing assistant registry; and has not
 1072  been found to have committed abuse, neglect, or exploitation in
 1073  that state.
 1074         (d) Has completed the curriculum developed under the
 1075  Enterprise Florida Jobs and Education Partnership Grant by the
 1076  Department of Education and achieved a minimum score,
 1077  established by rule of the board, on the nursing assistant
 1078  competency examination, which consists of a written portion and
 1079  skills-demonstration portion, approved by the board and
 1080  administered at a site and by personnel approved by the
 1081  department.
 1082         Section 96. Subsection (4) of section 464.208, Florida
 1083  Statutes, is amended to read:
 1084         464.208 Background screening information; rulemaking
 1085  authority.—
 1086         (4) The board shall adopt rules to administer this part.
 1087         Section 97. Section 466.00775, Florida Statutes, is
 1088  repealed.
 1089         Section 98. Subsection (4) of section 514.011, Florida
 1090  Statutes, is amended to read:
 1091         514.011 Definitions.—As used in this chapter:
 1092         (4) “Public bathing place” means a body of water, natural
 1093  or modified by humans, for swimming, diving, and recreational
 1094  bathing, together with adjacent shoreline or land area,
 1095  buildings, equipment, and appurtenances pertaining thereto, used
 1096  by consent of the owner or owners and held out to the public by
 1097  any person or public body, irrespective of whether a fee is
 1098  charged for the use thereof. The bathing water areas of public
 1099  bathing places include, but are not limited to, lakes, ponds,
 1100  rivers, streams, artificial impoundments, and waters along the
 1101  coastal and intracoastal beaches and shores of the state.
 1102         Section 99. Section 514.021, Florida Statutes, is amended
 1103  to read:
 1104         514.021 Department authorization.—
 1105         (1) The department may adopt and enforce rules, which may
 1106  include definitions of terms, to protect the health, safety, or
 1107  welfare of persons by setting sanitation and safety standards
 1108  for using public swimming pools and public bathing places. The
 1109  department shall review and revise such rules as necessary, but
 1110  not less than biennially. Sanitation and safety standards shall
 1111  include, but not be limited to, matters relating to structure;
 1112  appurtenances; operation; source of water supply;
 1113  microbiological bacteriological, chemical, and physical quality
 1114  of water in the pool or bathing area; method of water
 1115  purification, treatment, and disinfection; lifesaving apparatus;
 1116  and measures to ensure safety of bathers; and measures to ensure
 1117  the personal cleanliness of bathers.
 1118         (2) The department may not establish by rule any regulation
 1119  governing the design, alteration, modification, or repair of
 1120  public swimming pools and bathing places which has no impact on
 1121  sanitation and safety the health, safety, and welfare of persons
 1122  using public swimming pools and bathing places. Further, the
 1123  department may not adopt by rule any regulation governing the
 1124  construction, erection, or demolition of public swimming pools
 1125  and bathing places. It is the intent of the Legislature to
 1126  preempt those functions to the Florida Building Commission
 1127  through adoption and maintenance of the Florida Building Code.
 1128  The department shall provide technical assistance to the
 1129  commission in updating the construction standards of the Florida
 1130  Building Code which govern public swimming pools and bathing
 1131  places. Further, the department is authorized to conduct plan
 1132  reviews, to issue approvals, and to enforce the special
 1133  occupancy provisions of the Florida Building Code which apply to
 1134  public swimming pools and bathing places in conducting any
 1135  inspections authorized by this chapter. This subsection does not
 1136  abrogate the authority of the department to adopt and enforce
 1137  appropriate sanitary regulations and requirements as authorized
 1138  in subsection (1).
 1139         Section 100. Section 514.023, Florida Statutes, is amended
 1140  to read:
 1141         514.023 Sampling of beach waters and public bathing places;
 1142  health advisories.—
 1143         (1) As used in this section, the term “beach waters” means
 1144  the waters along the coastal and intracoastal beaches and shores
 1145  of the state, and includes salt water and brackish water.
 1146         (2) The department may adopt and enforce rules to protect
 1147  the health, safety, and welfare of persons using the beach
 1148  waters and public bathing places of the state. The rules must
 1149  establish health standards and prescribe procedures and
 1150  timeframes for bacteriological sampling of beach waters and
 1151  public bathing places.
 1152         (3) The department may issue health advisories if the
 1153  quality of beach waters or a public bathing place fails to meet
 1154  standards established by the department. The issuance of health
 1155  advisories related to the results of bacteriological sampling of
 1156  beach waters is preempted to the state.
 1157         (4) When the department issues a health advisory against
 1158  swimming in beach waters or a public bathing place on the basis
 1159  of finding elevated levels of fecal coliform, Escherichia coli,
 1160  or enterococci bacteria in a water sample, the department shall
 1161  concurrently notify the municipality or county in which the
 1162  affected beach waters are located, whichever has jurisdiction,
 1163  and the local office of the Department of Environmental
 1164  Protection, of the advisory. The local office of the Department
 1165  of Environmental Protection shall promptly investigate
 1166  wastewater treatment facilities within 1 mile of the affected
 1167  beach waters or public bathing place to determine if a facility
 1168  experienced an incident that may have contributed to the
 1169  contamination and provide the results of the investigation in
 1170  writing or by electronic means to the municipality or county, as
 1171  applicable.
 1172         (5) Contingent upon legislative appropriation to the
 1173  department in the amount of $600,000 nonrecurring, the
 1174  department will perform a 3-year study to determine the water
 1175  quality at beaches throughout the state. The study will be
 1176  performed in all counties that have public-access saltwater and
 1177  brackish water beaches.
 1178         Section 101. Section 514.025, Florida Statutes, is amended
 1179  to read:
 1180         514.025 Assignment of authority to county health
 1181  departments.—
 1182         (1) The department shall assign to county health
 1183  departments that are staffed with qualified engineering
 1184  personnel shall perform the functions of reviewing applications
 1185  and plans for the construction, development, or modification of
 1186  public swimming pools or bathing places; of conducting
 1187  inspections for and issuance of initial operating permits; and
 1188  of issuing all permits. If the county health department
 1189  determines that qualified staff are not available is not
 1190  assigned the functions of application and plan review and the
 1191  issuance of initial operating permits, the department shall be
 1192  responsible for such functions. The department shall make the
 1193  determination concerning the qualifications of county health
 1194  department personnel to perform these functions and may make and
 1195  enforce such rules pertaining thereto as it shall deem proper.
 1196         (2) After the initial operating permit is issued, the
 1197  County health departments are responsible shall assume full
 1198  responsibility for routine surveillance of water quality in all
 1199  public swimming pools and bathing places, including
 1200  responsibility for a minimum of two routine inspections
 1201  annually, complaint investigations, enforcement procedures, and
 1202  reissuance of operating permits, and renewal of operating
 1203  permits.
 1204         (3) The department may assign the responsibilities and
 1205  functions specified in this section to any multicounty
 1206  independent special district created by the Legislature to
 1207  perform multiple functions, to include municipal services and
 1208  improvements, to the same extent and under the same conditions
 1209  as provided in subsections (1) and (2), upon request of the
 1210  special district.
 1211         Section 102. Section 514.03, Florida Statutes, is amended
 1212  to read:
 1213         514.03 Construction plans Approval necessary to construct,
 1214  develop, or modify public swimming pools or public bathing
 1215  places.—It is unlawful for any person or public body to
 1216  construct, develop, or modify any public swimming pool or
 1217  bathing place, other than coastal or intracoastal beaches,
 1218  without a valid construction plans approval from the department.
 1219  This section does not preempt the authority of Local governments
 1220  or local enforcement districts may determine to conduct plan
 1221  reviews and inspections of public swimming pools and bathing
 1222  places for compliance with the general construction standards of
 1223  the Florida Building Code, pursuant to s. 553.80. Local
 1224  governments or local enforcement districts may conduct plan
 1225  reviews and inspections of public swimming pools and public
 1226  bathing places for this purpose.
 1227         (1) Any person or public body desiring to construct,
 1228  develop, or modify any public swimming pool or bathing place
 1229  shall file an application for a construction plans approval with
 1230  the department on application forms provided by the department
 1231  and shall accompany such application with:
 1232         (a) Engineering drawings, specifications, descriptions, and
 1233  detailed maps of the structure, its appurtenances, and its
 1234  intended operation.
 1235         (b) A description of the source or sources of water supply
 1236  and amount and quality of water available and intended to be
 1237  used.
 1238         (c) A description of the method and manner of water
 1239  purification, treatment, disinfection, and heating.
 1240         (d) Other applicable information deemed necessary by the
 1241  department to fulfill the requirements of this chapter.
 1242         (2) If the proposed construction of, development of, or
 1243  modification of a public swimming pool or bathing place meets
 1244  standards of public health and safety as defined in this chapter
 1245  and rules adopted hereunder, the department shall grant the
 1246  application for the construction plans approval within 30 days
 1247  after receipt of a complete submittal. If engineering plans
 1248  submitted are in substantial compliance with the standards
 1249  aforementioned, the department may approve the plans with
 1250  provisions for corrective action to be completed prior to
 1251  issuance of the operating permit.
 1252         (3) If the proposed construction, development, or
 1253  modification of a public swimming pool or bathing place fails to
 1254  meet standards of public health and safety as defined in this
 1255  chapter and rules adopted hereunder, the department shall deny
 1256  the application for construction plans approval pursuant to the
 1257  provisions of chapter 120. Such denial shall be issued in
 1258  writing within 30 days and shall list the circumstances for
 1259  denial. Upon correction of such circumstances, an applicant
 1260  previously denied permission to construct, develop, or modify a
 1261  public swimming pool or bathing place may reapply for
 1262  construction plans approval.
 1263         (4) An approval of construction plans issued by the
 1264  department under this section becomes void 1 year after the date
 1265  the approval was issued if the construction is not commenced
 1266  within 1 year after the date of issuance.
 1267         Section 103. Section 514.031, Florida Statutes, is amended
 1268  to read:
 1269         514.031 Permit necessary to operate public swimming pool or
 1270  bathing place.—
 1271         (1) It is unlawful for any person or public body to operate
 1272  or continue to operate any public swimming pool or bathing place
 1273  without a valid permit from the department, such permit to be
 1274  obtained in the following manner:
 1275         (a) Any person or public body desiring to operate any
 1276  public swimming pool or bathing place shall file an application
 1277  for a permit with the department, on application forms provided
 1278  by the department, and shall accompany such application with:
 1279         1. Descriptions of the structure, its appurtenances, and
 1280  its operation.
 1281         1.2. Description of the source or sources of water supply,
 1282  and the amount and quality of water available and intended to be
 1283  used.
 1284         2.3. Method and manner of water purification, treatment,
 1285  disinfection, and heating.
 1286         3.4. Safety equipment and standards to be used.
 1287         5. Measures to ensure personal cleanliness of bathers.
 1288         4.6. Any other pertinent information deemed necessary by
 1289  the department to fulfill the requirements of this chapter.
 1290         (b) If the department determines that the public swimming
 1291  pool or bathing place is or may reasonably be expected to be
 1292  operated in compliance with this chapter and the rules adopted
 1293  hereunder, the department shall grant the application for
 1294  permit.
 1295         (c) If the department determines that the public swimming
 1296  pool or bathing place does not meet the provisions outlined in
 1297  this chapter or the rules adopted hereunder, the department
 1298  shall deny the application for a permit pursuant to the
 1299  provisions of chapter 120. Such denial shall be in writing and
 1300  shall list the circumstances for the denial. Upon correction of
 1301  such circumstances, an applicant previously denied permission to
 1302  operate a public swimming pool or bathing place may reapply for
 1303  a permit.
 1304         (2) Operating permits shall not be required for coastal or
 1305  intracoastal beaches.
 1306         (3) Operating permits may be transferred shall not be
 1307  transferable from one name or owner to another. When the
 1308  ownership or name of an existing public swimming pool or bathing
 1309  place is changed and such establishment is operating at the time
 1310  of the change with a valid permit from the department, the new
 1311  owner of the establishment shall apply to the department, upon
 1312  forms provided by the department, within 30 days after such a
 1313  change, for a reissuance of the existing permit.
 1314         (4) Each such operating permit shall be renewed annually
 1315  and the permit must be posted in a conspicuous place.
 1316         (5) An owner or operator of a public swimming pool,
 1317  including, but not limited to, a spa, wading, or special purpose
 1318  pool, to which admittance is obtained by membership for a fee
 1319  shall post in a prominent location within the facility the most
 1320  recent pool inspection report issued by the department
 1321  pertaining to the health and safety conditions of such facility.
 1322  The report shall be legible and readily accessible to members or
 1323  potential members. The department shall adopt rules to enforce
 1324  this subsection. A portable pool may not be used as a public
 1325  pool.
 1326         Section 104. Section 514.033, Florida Statutes, is amended
 1327  to read:
 1328         514.033 Creation of fee schedules authorized.—
 1329         (1) The department is authorized to establish a schedule of
 1330  fees to be charged by the department or by any authorized county
 1331  health department as detailed in s. 514.025 for the review of
 1332  applications and plans to construct, develop, or modify a public
 1333  swimming pool or bathing place, for the issuance of permits to
 1334  operate such establishments, and for the review of variance
 1335  applications for public swimming pools and bathing places. Fees
 1336  assessed under this chapter shall be in an amount sufficient to
 1337  meet the cost of carrying out the provisions of this chapter.
 1338         (2) The fee schedule shall be: for original construction or
 1339  development plan approval, not less than $275 and not more than
 1340  $500; for modification of original construction, not less than
 1341  $100 and not more than $150; for an initial operating permit,
 1342  not less than $125 and not more than $250; and for review of
 1343  variance applications, not less than $240 and not more than
 1344  $400. The department shall assess the minimum fees provided in
 1345  this subsection until a fee schedule is promulgated by rule of
 1346  the department.
 1347         (3) Fees shall be Any person or public body operating a
 1348  public swimming pool or bathing place shall pay to the
 1349  department an annual operating permit fee based on pool or
 1350  bathing place aggregate gallonage, which shall be: up to and
 1351  including 25,000 gallons, not less than $75 and not more than
 1352  $125; and in excess of 25,000 gallons, not less than $160 and
 1353  not more than $265, except for a pool inspected pursuant to s.
 1354  514.0115(2)(b) for which the annual fee shall be $50.
 1355         (4) Fees collected by the department in accordance with
 1356  this chapter shall be deposited into the Grants and Donations
 1357  Trust Fund or Public Swimming Pool and Bathing Place Trust Fund
 1358  for the payment of costs incurred in the administration of this
 1359  chapter. Fees collected by county health departments performing
 1360  functions pursuant to s. 514.025 shall be deposited into the
 1361  County Health Department Trust Fund. Any fee collected under
 1362  this chapter is nonrefundable.
 1363         (5) The department may not charge any fees for services
 1364  provided under this chapter other than those fees authorized in
 1365  this section. However, the department shall prorate the initial
 1366  annual fee for an operating permit on a half-year basis.
 1367         Section 105. Subsections (4) and (5) of section 514.05,
 1368  Florida Statutes, are amended to read:
 1369         514.05 Denial, suspension, or revocation of permit;
 1370  administrative fines.—
 1371         (4) All amounts collected pursuant to this section shall be
 1372  deposited into the Grants and Donations Trust Fund Public
 1373  Swimming Pool and Bathing Place Trust Fund or into the County
 1374  Health Department Trust Fund, whichever is applicable.
 1375         (5) Under conditions specified by rule, the department may
 1376  close a public pool that is not in compliance with this chapter
 1377  or the rules adopted under this chapter.
 1378         Section 106. Section 514.06, Florida Statutes, is amended
 1379  to read:
 1380         514.06 Injunction to restrain violations.—Any public
 1381  swimming pool or public bathing place presenting a significant
 1382  risk to public health by failing to meet the water quality and
 1383  safety standards established pursuant to constructed, developed,
 1384  operated, or maintained contrary to the provisions of this
 1385  chapter is declared to be a public nuisance, dangerous to health
 1386  or safety. Such nuisances may be abated or enjoined in an action
 1387  brought by the county health department or the department.
 1388         Section 107. Subsections (1) and (2) of section 633.115,
 1389  Florida Statutes, are amended to read:
 1390         633.115 Fire and Emergency Incident Information Reporting
 1391  Program; duties; fire reports.—
 1392         (1)(a) The Fire and Emergency Incident Information
 1393  Reporting Program is created within the Division of State Fire
 1394  Marshal. The program shall:
 1395         1. Establish and maintain an electronic communication
 1396  system capable of transmitting fire and emergency incident
 1397  information to and between fire protection agencies.
 1398         2. Initiate a Fire and Emergency Incident Information
 1399  Reporting System that shall be responsible for:
 1400         a. Receiving fire and emergency incident information from
 1401  fire protection agencies.
 1402         b. Preparing and disseminating annual reports to the
 1403  Governor, the President of the Senate, the Speaker of the House
 1404  of Representatives, fire protection agencies, and, upon request,
 1405  the public. Each report shall include, but not be limited to,
 1406  the information listed in the National Fire Incident Reporting
 1407  System.
 1408         c. Upon request, providing other states and federal
 1409  agencies with fire and emergency incident data of this state.
 1410         3. Adopt rules to effectively and efficiently implement,
 1411  administer, manage, maintain, and use the Fire and Emergency
 1412  Incident Information Reporting Program. The rules shall be
 1413  considered minimum requirements and shall not preclude a fire
 1414  protection agency from implementing its own requirements which
 1415  shall not conflict with the rules of the Division of State Fire
 1416  Marshal.
 1417         4. By rule, establish procedures and a format for each fire
 1418  protection agency to voluntarily monitor its records and submit
 1419  reports to the program.
 1420         5. Establish an electronic information database which is
 1421  accessible and searchable by fire protection agencies.
 1422         (b) The Division of State Fire Marshal shall consult with
 1423  the Division of Forestry of the Department of Agriculture and
 1424  Consumer Services and the Division Bureau of Emergency
 1425  Preparedness and Community Support Medical Services of the
 1426  Department of Health to coordinate data, ensure accuracy of the
 1427  data, and limit duplication of efforts in data collection,
 1428  analysis, and reporting.
 1429         (2) The Fire and Emergency Incident Information System
 1430  Technical Advisory Panel is created within the Division of State
 1431  Fire Marshal. The panel shall advise, review, and recommend to
 1432  the State Fire Marshal with respect to the requirements of this
 1433  section. The membership of the panel shall consist of the
 1434  following 15 members:
 1435         (a) The current 13 members of the Firefighters Employment,
 1436  Standards, and Training Council as established in s. 633.31.
 1437         (b) One member from the Division of Forestry of the
 1438  Department of Agriculture and Consumer Services, appointed by
 1439  the division director.
 1440         (c) One member from the Division Bureau of Emergency
 1441  Preparedness and Community Support Medical Services of the
 1442  Department of Health, appointed by the division director bureau
 1443  chief.
 1444         Section 108. Subsections (4), (5), (6), (8), (9), (10),
 1445  (11), and (12) of section 1009.66, Florida Statutes, are amended
 1446  to read:
 1447         1009.66 Nursing Student Loan Forgiveness Program.—
 1448         (4) From the funds available, the Department of Education
 1449  Health may make loan principal repayments of up to $4,000 a year
 1450  for up to 4 years on behalf of selected graduates of an
 1451  accredited or approved nursing program. All repayments shall be
 1452  contingent upon continued proof of employment in the designated
 1453  facilities in this state and shall be made directly to the
 1454  holder of the loan. The state shall bear no responsibility for
 1455  the collection of any interest charges or other remaining
 1456  balance. In the event that the designated facilities are
 1457  changed, a nurse shall continue to be eligible for loan
 1458  forgiveness as long as he or she continues to work in the
 1459  facility for which the original loan repayment was made and
 1460  otherwise meets all conditions of eligibility.
 1461         (5) There is created the Nursing Student Loan Forgiveness
 1462  Trust Fund to be administered by the Department of Education
 1463  Health pursuant to this section and s. 1009.67 and department
 1464  rules. The Chief Financial Officer shall authorize expenditures
 1465  from the trust fund upon receipt of vouchers approved by the
 1466  Department of Education Health. All moneys collected from the
 1467  private health care industry and other private sources for the
 1468  purposes of this section shall be deposited into the Nursing
 1469  Student Loan Forgiveness Trust Fund. Any balance in the trust
 1470  fund at the end of any fiscal year shall remain therein and
 1471  shall be available for carrying out the purposes of this section
 1472  and s. 1009.67.
 1473         (6) In addition to licensing fees imposed under part I of
 1474  chapter 464, there is hereby levied and imposed an additional
 1475  fee of $5, which fee shall be paid upon licensure or renewal of
 1476  nursing licensure. Revenues collected from the fee imposed in
 1477  this subsection shall be deposited in the Nursing Student Loan
 1478  Forgiveness Trust Fund of the Department of Education Health and
 1479  will be used solely for the purpose of carrying out the
 1480  provisions of this section and s. 1009.67. Up to 50 percent of
 1481  the revenues appropriated to implement this subsection may be
 1482  used for the nursing scholarship program established pursuant to
 1483  s. 1009.67.
 1484         (8) The Department of Health may solicit technical
 1485  assistance relating to the conduct of this program from the
 1486  Department of Education.
 1487         (8)(9) The Department of Education Health is authorized to
 1488  recover from the Nursing Student Loan Forgiveness Trust Fund its
 1489  costs for administering the Nursing Student Loan Forgiveness
 1490  Program.
 1491         (9)(10) The Department of Education Health may adopt rules
 1492  necessary to administer this program.
 1493         (10)(11) This section shall be implemented only as
 1494  specifically funded.
 1495         (11)(12) Students receiving a nursing scholarship pursuant
 1496  to s. 1009.67 are not eligible to participate in the Nursing
 1497  Student Loan Forgiveness Program.
 1498         Section 109. Section 1009.67, Florida Statutes, is amended
 1499  to read:
 1500         1009.67 Nursing scholarship program.—
 1501         (1) There is established within the Department of Education
 1502  Health a scholarship program for the purpose of attracting
 1503  capable and promising students to the nursing profession.
 1504         (2) A scholarship applicant shall be enrolled in an
 1505  approved nursing program leading to the award of an associate
 1506  degree, a baccalaureate degree, or a graduate degree in nursing.
 1507         (3) A scholarship may be awarded for no more than 2 years,
 1508  in an amount not to exceed $8,000 per year. However, registered
 1509  nurses pursuing a graduate degree for a faculty position or to
 1510  practice as an advanced registered nurse practitioner may
 1511  receive up to $12,000 per year. These amounts shall be adjusted
 1512  by the amount of increase or decrease in the consumer price
 1513  index for urban consumers published by the United States
 1514  Department of Commerce.
 1515         (4) Credit for repayment of a scholarship shall be as
 1516  follows:
 1517         (a) For each full year of scholarship assistance, the
 1518  recipient agrees to work for 12 months in a faculty position in
 1519  a college of nursing or Florida College System institution
 1520  nursing program in this state or at a health care facility in a
 1521  medically underserved area as designated approved by the
 1522  Department of Health. Scholarship recipients who attend school
 1523  on a part-time basis shall have their employment service
 1524  obligation prorated in proportion to the amount of scholarship
 1525  payments received.
 1526         (b) Eligible health care facilities include nursing homes
 1527  and hospitals in this state, state-operated medical or health
 1528  care facilities, public schools, county health departments,
 1529  federally sponsored community health centers, colleges of
 1530  nursing in universities in this state, and Florida College
 1531  System institution nursing programs in this state, family
 1532  practice teaching hospitals as defined in s. 395.805, or
 1533  specialty children’s hospitals as described in s. 409.9119. The
 1534  recipient shall be encouraged to complete the service obligation
 1535  at a single employment site. If continuous employment at the
 1536  same site is not feasible, the recipient may apply to the
 1537  department for a transfer to another approved health care
 1538  facility.
 1539         (c) Any recipient who does not complete an appropriate
 1540  program of studies, who does not become licensed, who does not
 1541  accept employment as a nurse at an approved health care
 1542  facility, or who does not complete 12 months of approved
 1543  employment for each year of scholarship assistance received
 1544  shall repay to the Department of Education Health, on a schedule
 1545  to be determined by the department, the entire amount of the
 1546  scholarship plus 18 percent interest accruing from the date of
 1547  the scholarship payment. Moneys repaid shall be deposited into
 1548  the Nursing Student Loan Forgiveness Trust Fund established in
 1549  s. 1009.66. However, the department may provide additional time
 1550  for repayment if the department finds that circumstances beyond
 1551  the control of the recipient caused or contributed to the
 1552  default.
 1553         (5) Scholarship payments shall be transmitted to the
 1554  recipient upon receipt of documentation that the recipient is
 1555  enrolled in an approved nursing program. The Department of
 1556  Education Health shall develop a formula to prorate payments to
 1557  scholarship recipients so as not to exceed the maximum amount
 1558  per academic year.
 1559         (6) The Department of Education Health shall adopt rules,
 1560  including rules to address extraordinary circumstances that may
 1561  cause a recipient to default on either the school enrollment or
 1562  employment contractual agreement, to implement this section.
 1563         (7) The Department of Education Health may recover from the
 1564  Nursing Student Loan Forgiveness Trust Fund its costs for
 1565  administering the nursing scholarship program.
 1566         Section 110. Department of Health; type two transfer.—
 1567         (1) All powers, duties, functions, records, offices,
 1568  personnel, associated administrative support positions,
 1569  property, pending issues, existing contracts, administrative
 1570  authority, administrative rules, and unexpended balances of
 1571  appropriations, allocations, and other funds relating to the
 1572  Nursing Student Loan Forgiveness Program and the nursing
 1573  scholarship program in the Department of Health are transferred
 1574  by a type two transfer, as defined in s. 20.06(2), Florida
 1575  Statutes, to the Department of Education.
 1576         (2) The Nursing Student Loan Forgiveness Trust Fund is
 1577  transferred from the Department of Health to the Department of
 1578  Education.
 1579         (3) Any binding contract or interagency agreement related
 1580  to the Nursing Student Loan Forgiveness Program existing before
 1581  July 1, 2012, between the Department of Health, or an entity or
 1582  agent of the agency, and any other agency, entity, or person
 1583  shall continue as a binding contract or agreement for the
 1584  remainder of the term of such contract or agreement on the
 1585  successor department, agency, or entity responsible for the
 1586  program, activity, or functions relative to the contract or
 1587  agreement.
 1588         (4) Notwithstanding s. 216.292 and pursuant to s. 216.351,
 1589  Florida Statutes, upon approval by the Legislative Budget
 1590  Commission, the Executive Office of the Governor may transfer
 1591  funds and positions between agencies to implement this act.
 1592         (5) The transfer of any program, activity, duty, or
 1593  function under this act includes the transfer of any records and
 1594  unexpended balances of appropriations, allocations, or other
 1595  funds related to such program, activity, duty, or function.
 1596  Unless otherwise provided, the successor organization to any
 1597  program, activity, duty, or function transferred under this act
 1598  shall become the custodian of any property of the organization
 1599  that was responsible for the program, activity, duty, or
 1600  function immediately before the transfer.
 1601         Section 111. The Division of Medical Quality Assurance
 1602  shall develop a plan to improve the efficiency of its functions.
 1603  Specifically, the plan shall delineate methods to: reduce the
 1604  average length of time for a qualified applicant to receive
 1605  initial and renewal licensure, certification, or registration,
 1606  by one-third; improve the agenda process for board meetings to
 1607  increase transparency, timeliness, and usefulness for board
 1608  decisionmaking; and improve the cost-effectiveness and
 1609  efficiency of the joint functions of the division and the
 1610  regulatory boards. In developing the plan, the division shall
 1611  identify and analyze best practices found within the division
 1612  and other state agencies with similar functions, options for
 1613  information technology improvements, options for contracting
 1614  with outside entities, and any other option the division deems
 1615  useful. The division shall consult with and solicit
 1616  recommendations from the regulatory boards in developing the
 1617  plan. The division shall submit the plan to the Governor, the
 1618  Speaker of the House of Representatives, and the President of
 1619  the Senate by November 1, 2012. All executive branch agencies
 1620  are instructed, and all other state agencies are requested, to
 1621  assist the division in accomplishing its purposes under this
 1622  section.
 1623         Section 112. Paragraph (e) of subsection (2) of section
 1624  154.503, Florida Statutes, is amended to read:
 1625         154.503 Primary Care for Children and Families Challenge
 1626  Grant Program; creation; administration.—
 1627         (2) The department shall:
 1628         (e) Coordinate with the primary care program developed
 1629  pursuant to s. 154.011, the Florida Healthy Kids Corporation
 1630  program created in s. 624.91, the school health services program
 1631  created in ss. 381.0056 and 381.0057, the Healthy Communities,
 1632  Healthy People Program created in s. 381.734, and the volunteer
 1633  health care provider program developed pursuant to s. 766.1115.
 1634         Section 113. Subsection (1), paragraph (c) of subsection
 1635  (3), and subsection (9) of section 381.0041, Florida Statutes,
 1636  are amended to read:
 1637         381.0041 Donation and transfer of human tissue; testing
 1638  requirements.—
 1639         (1) Every donation of blood, plasma, organs, skin, or other
 1640  human tissue for transfusion or transplantation to another shall
 1641  be tested prior to transfusion or other use for human
 1642  immunodeficiency virus infection and other communicable diseases
 1643  specified by rule of the Department of Health. Tests for the
 1644  human immunodeficiency virus infection shall be performed only
 1645  after obtaining written, informed consent from the potential
 1646  donor or the donor’s legal representative. Such consent may be
 1647  given by a minor pursuant to s. 743.06. Obtaining consent shall
 1648  include a fair explanation of the procedures to be followed and
 1649  the meaning and use of the test results. Such explanation shall
 1650  include a description of the confidential nature of the test as
 1651  described in s. 381.004(2) 381.004(3). If consent for testing is
 1652  not given, then the person shall not be accepted as a donor
 1653  except as otherwise provided in subsection (3).
 1654         (3) No person shall collect any blood, organ, skin, or
 1655  other human tissue from one human being and hold it for, or
 1656  actually perform, any implantation, transplantation,
 1657  transfusion, grafting, or any other method of transfer to
 1658  another human being without first testing such tissue for the
 1659  human immunodeficiency virus and other communicable diseases
 1660  specified by rule of the Department of Health, or without
 1661  performing another process approved by rule of the Department of
 1662  Health capable of killing the causative agent of those diseases
 1663  specified by rule. Such testing shall not be required:
 1664         (c) When there is insufficient time to obtain the results
 1665  of a confirmatory test for any tissue or organ which is to be
 1666  transplanted, notwithstanding the provisions of s. 381.004(2)(d)
 1667  381.004(3)(d). In such circumstances, the results of preliminary
 1668  screening tests may be released to the potential recipient’s
 1669  treating physician for use in determining organ or tissue
 1670  suitability.
 1671         (9) All blood banks shall be governed by the
 1672  confidentiality provisions of s. 381.004(2) 381.004(3).
 1673         Section 114. Paragraph (b) of subsection (3) of section
 1674  384.25, Florida Statutes, is amended to read:
 1675         384.25 Reporting required.—
 1676         (3) To ensure the confidentiality of persons infected with
 1677  the human immunodeficiency virus (HIV), reporting of HIV
 1678  infection and AIDS must be conducted using a system developed by
 1679  the Centers for Disease Control and Prevention of the United
 1680  States Public Health Service or an equivalent system.
 1681         (b) The reporting may not affect or relate to anonymous HIV
 1682  testing programs conducted pursuant to s. 381.004(3) 381.004(4).
 1683         Section 115. Subsection (5) of section 392.56, Florida
 1684  Statutes, is amended to read:
 1685         392.56 Hospitalization, placement, and residential
 1686  isolation.—
 1687         (5) If the department petitions the circuit court to order
 1688  that a person who has active tuberculosis be hospitalized in a
 1689  facility operated under s. 392.62(2), the department shall
 1690  notify the facility of the potential court order.
 1691         Section 116. Subsection (2) of section 456.032, Florida
 1692  Statutes, is amended to read:
 1693         456.032 Hepatitis B or HIV carriers.—
 1694         (2) Any person licensed by the department and any other
 1695  person employed by a health care facility who contracts a blood
 1696  borne infection shall have a rebuttable presumption that the
 1697  illness was contracted in the course and scope of his or her
 1698  employment, provided that the person, as soon as practicable,
 1699  reports to the person’s supervisor or the facility’s risk
 1700  manager any significant exposure, as that term is defined in s.
 1701  381.004(1)(c) 381.004(2)(c), to blood or body fluids. The
 1702  employer may test the blood or body fluid to determine if it is
 1703  infected with the same disease contracted by the employee. The
 1704  employer may rebut the presumption by the preponderance of the
 1705  evidence. Except as expressly provided in this subsection, there
 1706  shall be no presumption that a blood-borne infection is a job
 1707  related injury or illness.
 1708         Section 117. Subsection (15) of section 499.003, Florida
 1709  Statutes, is amended to read:
 1710         499.003 Definitions of terms used in this part.—As used in
 1711  this part, the term:
 1712         (15) “Department” means the Department of Business and
 1713  Professional Regulation Department of Health.
 1714         Section 118. Subsection (2) of section 499.601, Florida
 1715  Statutes, is amended to read:
 1716         499.601 Legislative intent; construction.—
 1717         (2) The provisions of this part are cumulative and shall
 1718  not be construed as repealing or affecting any powers, duties,
 1719  or authority of the department of Health under any other law of
 1720  this state; except that, with respect to the regulation of ether
 1721  as herein provided, in instances in which the provisions of this
 1722  part may conflict with any other such law, the provisions of
 1723  this part shall control.
 1724         Section 119. Subsection (2) of section 499.61, Florida
 1725  Statutes, is amended to read:
 1726         499.61 Definitions.—As used in this part:
 1727         (2) “Department” means the Department of Business and
 1728  Professional Regulation Department of Health.
 1729         Section 120. Subsection (2) of section 513.10, Florida
 1730  Statutes, is amended to read:
 1731         513.10 Operating without permit; enforcement of chapter;
 1732  penalties.—
 1733         (2) This chapter or rules adopted under this chapter may be
 1734  enforced in the manner provided in s. 381.0012 and as provided
 1735  in this chapter. Violations of this chapter and the rules
 1736  adopted under this chapter are subject to the penalties provided
 1737  in this chapter and in s. ss. 381.0025 and 381.0061.
 1739  ================= T I T L E  A M E N D M E N T ================
 1740         And the title is amended as follows:
 1741         Delete lines 160 - 427
 1742  and insert:
 1743         management of public health; amending s. 381.0303,
 1744         F.S.; eliminating the requirement that the Special
 1745         Needs Shelter Interagency Committee submit
 1746         recommendations to the Legislature; repealing s.
 1747         381.04015, F.S.; eliminating the Women’s Health
 1748         Strategy Office and Officer of Women’s Health
 1749         Strategy; amending s. 381.0403, F.S., relating to the
 1750         “Community Hospital Education Act”; deleting
 1751         legislative findings and intent; revising the mission
 1752         of the program; requiring minimum funding for graduate
 1753         education in family practice; deleting reference to an
 1754         intent to establish a statewide graduate medical
 1755         education program; amending s. 381.0405, F.S.;
 1756         deleting an appropriation to the Office of Rural
 1757         Health; amending s. 381.0406, F.S.; deleting
 1758         unnecessary introductory language in provisions
 1759         relating to rural health networks; repealing s.
 1760         381.0407, F.S., to eliminate the mandatory payment of
 1761         claims from public health care providers and county
 1762         health departments by managed care plans; repealing s.
 1763         381.045, F.S.; eliminating department authority to
 1764         provide services to certain health care providers
 1765         infected with Hepatitis B or HIV; amending s.
 1766         381.06015, F.S.; deleting an obsolete provision that
 1767         requires the department, the Agency for Health Care
 1768         Administration, and private consortium members seeking
 1769         private or federal funds to initiate certain program
 1770         actions relating to the Public Cord Blood Tissue Bank;
 1771         repealing s. 381.0605, F.S., relating to designating
 1772         the Agency for Health Care Administration as the state
 1773         agency to administer the Federal Hospital and Medical
 1774         Facilities Amendments of 1964; eliminating authority
 1775         of the Governor to provide for administration of the
 1776         amendments; repealing ss. 381.1001-381.103, F.S., the
 1777         Florida Community Health Protection Act; repealing s.
 1778         381.4018(2), F.S., relating to legislative findings
 1779         and intent with respect to physician workforce
 1780         assessment and development; repealing s. 381.60225,
 1781         F.S., to eliminate background screening requirements
 1782         for health care professionals and owners, operators,
 1783         and employees of certain health care providers,
 1784         services, and programs; repealing ss. 381.732-381.734,
 1785         F.S., the “Healthy People, Healthy Communities Act”;
 1786         amending s. 381.7352, F.S.; deleting legislative
 1787         findings relating to the “Reducing Racial and Ethnic
 1788         Health Disparities: Closing the Gap Act”; amending s.
 1789         381.7353, F.S.; removing the authority of the State
 1790         Surgeon General to appoint an ad hoc committee to
 1791         study certain aspects of racial and ethnic health
 1792         outcome disparities and make recommendations; amending
 1793         s. 381.7356, F.S.; deleting a provision requiring
 1794         dissemination of Closing the Gap grant awards to begin
 1795         on a date certain; amending s. 381.765, F.S.;
 1796         repealing unused rulemaking authority relating to
 1797         records and recordkeeping for department-owned
 1798         property; repealing s. 381.77, F.S., to eliminate the
 1799         annual survey of nursing home residents age 55 and
 1800         under; repealing s. 381.795, F.S., to eliminate the
 1801         requirement that the department establish a program of
 1802         long-term community-based supports and services for
 1803         individuals with traumatic brain or spinal cord
 1804         injuries; amending s. 381.853, F.S.; deleting
 1805         legislative findings relating to brain tumor research;
 1806         repealing s. 381.855, F.S., which established the
 1807         Florida Center for Universal Research to Eradicate
 1808         Disease; repealing s. 381.87, F.S., to eliminate the
 1809         osteoporosis prevention and education program;
 1810         repealing s. 381.90, F.S., to eliminate the Health
 1811         Information Systems Council; amending s. 381.91, F.S.,
 1812         relating to the Jesse Trice Cancer Program; revising
 1813         legislative intent; amending 381.922, F.S.; conforming
 1814         a reference; amending s. 383.011, F.S.; requiring the
 1815         Department of Health to establish an interagency
 1816         agreement with the Department of Children and Family
 1817         Services for management of the Special Supplemental
 1818         Nutrition program for Women, Infants, and Children;
 1819         specifying responsibilities of each department;
 1820         creating s. 383.141, F.S.; providing legislative
 1821         findings; providing definitions; requiring that health
 1822         care providers provide pregnant women with current
 1823         information about the nature of the developmental
 1824         disabilities tested for in certain prenatal tests, the
 1825         accuracy of such tests, and resources for obtaining
 1826         support services for Down syndrome and other
 1827         prenatally diagnosed developmental disabilities;
 1828         providing duties for the Department of Health
 1829         concerning establishment of an information
 1830         clearinghouse; creating an advocacy council within the
 1831         Department of Health to provide technical assistance
 1832         in forming the clearinghouse; providing membership for
 1833         the council; providing duties of the council;
 1834         providing terms for members of the council; providing
 1835         for election of a chairperson and vice chairperson;
 1836         providing meeting times for the council; requiring the
 1837         members to serve without compensation or reimbursement
 1838         for travel expenses; authorizing meetings by
 1839         teleconference or other electronic means; requiring
 1840         the Department of Health to provide administrative
 1841         support; repealing s. 385.210, F.S., the Arthritis
 1842         Prevention and Education Act by a specific date;
 1843         amending s. 391.016, F.S.; clarifying the purposes and
 1844         functions of the Children’s Medical Services program;
 1845         requiring the coordination and maintenance of a
 1846         medical home for participating children; amending s.
 1847         391.021, F.S.; revising definitions; amending s.
 1848         391.025, F.S.; revising the components of the
 1849         Children’s Medical Services program; amending s.
 1850         391.026, F.S.; revising the powers and duties of the
 1851         department in administering the Children’s Medical
 1852         Services network; amending s. 391.028, F.S.;
 1853         eliminating the central office and area offices of the
 1854         Children’s Medical Services program; authorizing the
 1855         Director of Children’s Medical Services to appoint
 1856         necessary staff and contract with providers to
 1857         establish a system to provide certain program
 1858         activities on a statewide basis; amending s. 391.029,
 1859         F.S.; specifying eligibility for services provided
 1860         under the Children’s Medical Services program;
 1861         clarifying who may receive services under the program;
 1862         deleting the requirement that the department determine
 1863         financial and medical eligibility for program;
 1864         deleting the requirement that the department determine
 1865         the financial ability of parents to pay for services;
 1866         eliminating discretion of the department to pay
 1867         reasonable travel expenses; amending s. 391.0315,
 1868         F.S.; deleting a prohibition against a child eligible
 1869         under Title XIX or XXI of the Social Security Act from
 1870         receiving services under the program until the child
 1871         is enrolled in Medicaid or a Title XXI program;
 1872         amending s. 392.51, F.S., relating to tuberculosis
 1873         control; removing legislative findings and intent;
 1874         amending s. 392.61, F.S.; eliminating the requirement
 1875         that the department develop a methodology for
 1876         distributing funds appropriated for community
 1877         tuberculosis control programs; amending s. 392.62,
 1878         F.S.; requiring a contractor to use licensed community
 1879         hospitals and other facilities for the care and
 1880         treatment of persons who have active tuberculosis or a
 1881         history of noncompliance with prescribed drug regimens
 1882         and require inpatient or other residential services;
 1883         removing authority of the department to operate a
 1884         licensed hospital to treat tuberculosis patients;
 1885         requiring the tuberculosis control program to fund
 1886         participating facilities; requiring facilities to meet
 1887         specific conditions; requiring the department to
 1888         develop a transition plan for the closure of A.G.
 1889         Holley State Hospital; specifying content of
 1890         transition plan; requiring submission of the plan to
 1891         the Governor and Legislature; requiring full
 1892         implementation of the transition plan by a certain
 1893         date; amending s. 401.243, F.S.; repealing unused
 1894         rulemaking authority governing the implementation of
 1895         injury-prevention grant programs; amending s. 401.245,
 1896         F.S.; repealing unused rulemaking authority relating
 1897         to operating procedures for the Emergency Medical
 1898         Services Advisory Council; amending s. 401.271, F.S.;
 1899         repealing unused rulemaking authority relating to an
 1900         exemption for the spouse of a member of the Armed
 1901         Forces of the United States on active duty from
 1902         certification renewal provisions while the spouse is
 1903         absent from the state because of the member’s active
 1904         duty with the Armed Forces; repealing s. 402.45, F.S.;
 1905         repealing unused rulemaking authority relating to the
 1906         community resource mother or father program; amending
 1907         s. 403.863, F.S.; directing the department to contract
 1908         to perform state public water supply laboratory
 1909         certification application review and evaluation and
 1910         laboratory inspections; adding certain actions to the
 1911         list of acts constituting grounds for which
 1912         disciplinary actions may be taken under the section;
 1913         amending ss. 400.914 and 409.256, F.S.; conforming
 1914         references; repealing s. 458.346, F.S., which created
 1915         the Public Sector Physician Advisory Committee and
 1916         established its responsibilities; amending s. 462.19,
 1917         F.S., relating to the renewal of licenses for
 1918         practitioners of naturopathy; repealing unused
 1919         rulemaking authority; amending s. 464.019, F.S.,
 1920         requiring the Board of Nursing to deny a program
 1921         application for new prelicensure nursing education
 1922         program while the existing program is on probationary
 1923         status; repealing s. 464.0197, F.S., relating to state
 1924         budget support for the Florida Center for Nursing;
 1925         amending s. 464.203, F.S.; revising the certification
 1926         requirements for certified nursing assistants;
 1927         amending s. 464.208, F.S.; repealing unused rulemaking
 1928         authority relating to background screening information
 1929         of certified nursing assistants; repealing s.
 1930         466.00775, F.S., relating to unused rulemaking
 1931         authority relating to dental health access and dental
 1932         laboratory registration provisions; amending ss.
 1933         212.08, 499.003, 499.601, and 499.61, F.S.; updating
 1934         departmental designation; amending s. 514.011, F.S.;
 1935         revising the definition of “public bathing place”;
 1936         amending s. 514.021, F.S.; restricting rulemaking
 1937         authority of the department; limiting scope of
 1938         standards for public pools and public bathing places;
 1939         prohibiting the department from adopting by rule any
 1940         regulation regarding the design, alteration, or repair
 1941         of a public pool or public bathing; eliminating
 1942         authority of the department to review plans, issue
 1943         approvals, and enforce occupancy provisions of the
 1944         Florida Building Code; amending s. 514.023, F.S.;
 1945         adding public bathing places to the provisions
 1946         allowing sampling of beach waters to determine
 1947         sanitation and allowing health advisories to be issued
 1948         for elevated levels of bacteria in such waters;
 1949         deleting an obsolete provision; amending s. 514.025,
 1950         F.S.; requiring the department to review applications
 1951         and plans for the construction or placement of public
 1952         pools or bathing places; providing for the department
 1953         to review applications and plans if no qualified staff
 1954         are employed at the county health department;
 1955         establishing that the department is responsible to
 1956         monitor water quality in public pools and bathing
 1957         places; amending s. 514.03, F.S.; permitting local
 1958         governments or local enforcement districts to
 1959         determine compliance with general construction
 1960         provisions of the Florida Building Code; permitting
 1961         local governments or local enforcement districts to
 1962         conduct plan reviews and inspections of public pools
 1963         and bathing places to determine compliance;
 1964         eliminating an application process for review of
 1965         building plans for a public pool or bathing place by
 1966         the department; amending s. 514.031, F.S.; requiring a
 1967         valid permit from the department to operate a public
 1968         pool; revising the list of documents that must
 1969         accompany an application for a permit to operate a
 1970         public pool; providing the department with authority
 1971         to review, approve, and deny an application for a
 1972         permit to operate a public pool; amending s. 514.033,
 1973         F.S.; deleting authority of the department to
 1974         establish a fee schedule; requiring fees collected by
 1975         the department or county health department to be
 1976         deposited into the Grants and Donations Trust Fund or
 1977         the County Health Department Trust Fund; amending s.
 1978         514.05, F.S.; requiring all amounts collected to be
 1979         deposited in the Grants and Donations Trust Fund or
 1980         the County Health Department Trust Fund; granting the
 1981         county health department the authority to close a
 1982         public pool that is not in compliance with ch. 514,
 1983         F.S., or applicable rules; amending s. 514.06, F.S.;
 1984         deeming a public pool or bathing place to present a
 1985         significant risk to public health by failing to meet
 1986         water quality and safety to be a public nuisance;
 1987         allowing for a public nuisance to be abated or
 1988         enjoined; amending s. 633.115, F.S.; making conforming
 1989         changes; amending s. 1009.66, F.S.; reassigning
 1990         responsibility for the Nursing Student Loan
 1991         Forgiveness Program from the Department of Health to
 1992         the Department of Education; amending s. 1009.67,
 1993         F.S.; reassigning responsibility for the nursing
 1994         scholarship program from the Department of Health to
 1995         the Department of Education; providing type two
 1996         transfers of the programs; providing for transfer of a
 1997         trust fund; providing applicability to contracts;
 1998         authorizing transfer of funds and positions between
 1999         departments; requiring the Division of Medical Quality
 2000         and Assurance to create a plan to improve efficiency
 2001         of the function of the division; directing the
 2002         division to take certain actions in creating the plan;
 2003         directing the division to address particular topics in
 2004         the plan; requiring all executive branch agencies to
 2005         assist the department in creating the plan; requesting
 2006         all other state agencies to assist the department in
 2007         creating the plan; amending ss. 154.503, 381.0041,
 2008         384.25, 392.56, 395.1027, 411.203, 456.032, 513.10,
 2009         and 775.0877, F.S.; conforming cross-