Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1263, 2nd Eng.
                                Barcode 371972                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             03/09/2012 12:29 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (2), and (3) of section 20.43,
    6  Florida Statutes, are amended to read:
    7         20.43 Department of Health.—There is created a Department
    8  of Health.
    9         (1) The purpose of the Department of Health is to protect
   10  and promote and protect the health of all residents and visitors
   11  in the state through organized state and community efforts,
   12  including cooperative agreements with counties. The department
   13  shall:
   14         (a) Identify, diagnose, and conduct surveillance of
   15  diseases and health conditions in the state and accumulate the
   16  health statistics necessary to establish trends Prevent to the
   17  fullest extent possible, the occurrence and progression of
   18  communicable and noncommunicable diseases and disabilities.
   19         (b) Implement interventions that prevent or limit the
   20  impact or spread of diseases and health conditions Maintain a
   21  constant surveillance of disease occurrence and accumulate
   22  health statistics necessary to establish disease trends and to
   23  design health programs.
   24         (c) Collect, manage, and analyze vital statistics and other
   25  health data to inform the public and formulate public health
   26  policy and planning Conduct special studies of the causes of
   27  diseases and formulate preventive strategies.
   28         (d) Maintain and coordinate preparedness for and responses
   29  to public health emergencies in the state Promote the
   30  maintenance and improvement of the environment as it affects
   31  public health.
   32         (e) Provide or ensure the provision of quality health care
   33  and related services to identified populations in the state
   34  Promote the maintenance and improvement of health in the
   35  residents of the state.
   36         (f) Regulate environmental activities that have a direct
   37  impact on public health in the state Provide leadership, in
   38  cooperation with the public and private sectors, in establishing
   39  statewide and community public health delivery systems.
   40         (g) Regulate health practitioners for the preservation of
   41  the health, safety, and welfare of the public Provide health
   42  care and early intervention services to infants, toddlers,
   43  children, adolescents, and high-risk perinatal patients who are
   44  at risk for disabling conditions or have chronic illnesses.
   45         (h) Provide services to abused and neglected children
   46  through child protection teams and sexual abuse treatment
   47  programs.
   48         (i) Develop working associations with all agencies and
   49  organizations involved and interested in health and health care
   50  delivery.
   51         (j) Analyze trends in the evolution of health systems, and
   52  identify and promote the use of innovative, cost-effective
   53  health delivery systems.
   54         (k) Serve as the statewide repository of all aggregate data
   55  accumulated by state agencies related to health care; analyze
   56  that data and issue periodic reports and policy statements, as
   57  appropriate; require that all aggregated data be kept in a
   58  manner that promotes easy utilization by the public, state
   59  agencies, and all other interested parties; provide technical
   60  assistance as required; and work cooperatively with the state’s
   61  higher education programs to promote further study and analysis
   62  of health care systems and health care outcomes.
   63         (l) Include in the department’s strategic plan developed
   64  under s. 186.021 an assessment of current health programs,
   65  systems, and costs; projections of future problems and
   66  opportunities; and recommended changes that are needed in the
   67  health care system to improve the public health.
   68         (m) Regulate health practitioners, to the extent authorized
   69  by the Legislature, as necessary for the preservation of the
   70  health, safety, and welfare of the public.
   71         (2)(a) The head of the Department of Health is the State
   72  Surgeon General and State Health Officer. The State Surgeon
   73  General must be a physician licensed under chapter 458 or
   74  chapter 459 who has advanced training or extensive experience in
   75  public health administration. The State Surgeon General is
   76  appointed by the Governor subject to confirmation by the Senate.
   77  The State Surgeon General serves at the pleasure of the
   78  Governor. The State Surgeon General shall serve as the leading
   79  voice on wellness and disease prevention efforts, including the
   80  promotion of healthful lifestyles, immunization practices,
   81  health literacy, and the assessment and promotion of the
   82  physician and health care workforce in order to meet the health
   83  care needs of the state. The State Surgeon General shall focus
   84  on advocating healthy lifestyles, developing public health
   85  policy, and building collaborative partnerships with schools,
   86  businesses, health care practitioners, community-based
   87  organizations, and public and private institutions in order to
   88  promote health literacy and optimum quality of life for all
   89  Floridians.
   90         (b) The Officer of Women’s Health Strategy is established
   91  within the Department of Health and shall report directly to the
   92  State Surgeon General.
   93         (3) The following divisions of the Department of Health are
   94  established:
   95         (a) Division of Administration.
   96         (b) Division of Emergency Preparedness and Community
   97  Support Environmental Health.
   98         (c) Division of Disease Control and Health Protection.
   99         (d) Division of Community Health Promotion Family Health
  100  Services.
  101         (e) Division of Children’s Medical Services Network.
  102         (f) Division of Public Health Statistics and Performance
  103  Management Emergency Medical Operations.
  104         (g) Division of Medical Quality Assurance, which is
  105  responsible for the following boards and professions established
  106  within the division:
  107         1. The Board of Acupuncture, created under chapter 457.
  108         2. The Board of Medicine, created under chapter 458.
  109         3. The Board of Osteopathic Medicine, created under chapter
  110  459.
  111         4. The Board of Chiropractic Medicine, created under
  112  chapter 460.
  113         5. The Board of Podiatric Medicine, created under chapter
  114  461.
  115         6. Naturopathy, as provided under chapter 462.
  116         7. The Board of Optometry, created under chapter 463.
  117         8. The Board of Nursing, created under part I of chapter
  118  464.
  119         9. Nursing assistants, as provided under part II of chapter
  120  464.
  121         10. The Board of Pharmacy, created under chapter 465.
  122         11. The Board of Dentistry, created under chapter 466.
  123         12. Midwifery, as provided under chapter 467.
  124         13. The Board of Speech-Language Pathology and Audiology,
  125  created under part I of chapter 468.
  126         14. The Board of Nursing Home Administrators, created under
  127  part II of chapter 468.
  128         15. The Board of Occupational Therapy, created under part
  129  III of chapter 468.
  130         16. Respiratory therapy, as provided under part V of
  131  chapter 468.
  132         17. Dietetics and nutrition practice, as provided under
  133  part X of chapter 468.
  134         18. The Board of Athletic Training, created under part XIII
  135  of chapter 468.
  136         19. The Board of Orthotists and Prosthetists, created under
  137  part XIV of chapter 468.
  138         20. Electrolysis, as provided under chapter 478.
  139         21. The Board of Massage Therapy, created under chapter
  140  480.
  141         22. The Board of Clinical Laboratory Personnel, created
  142  under part III of chapter 483.
  143         23. Medical physicists, as provided under part IV of
  144  chapter 483.
  145         24. The Board of Opticianry, created under part I of
  146  chapter 484.
  147         25. The Board of Hearing Aid Specialists, created under
  148  part II of chapter 484.
  149         26. The Board of Physical Therapy Practice, created under
  150  chapter 486.
  151         27. The Board of Psychology, created under chapter 490.
  152         28. School psychologists, as provided under chapter 490.
  153         29. The Board of Clinical Social Work, Marriage and Family
  154  Therapy, and Mental Health Counseling, created under chapter
  155  491.
  156         30. Emergency medical technicians and paramedics, as
  157  provided under part III of chapter 401.
  158         (h) Division of Children’s Medical Services Prevention and
  159  Intervention.
  160         (i) Division of Information Technology.
  161         (j) Division of Health Access and Tobacco.
  162         (h)(k) Division of Disability Determinations.
  163         Section 2. Subsections (14) through (22) of section 20.435,
  164  Florida Statutes, are renumbered as subsection (13) through
  165  (21), respectively, and present subsection (13) of that section
  166  is amended to read:
  167         20.435 Department of Health; trust funds.—The following
  168  trust funds shall be administered by the Department of Health:
  169         (13) Florida Drug, Device, and Cosmetic Trust Fund.
  170         (a) Funds to be credited to and uses of the trust fund
  171  shall be administered in accordance with the provisions of
  172  chapter 499.
  173         (b) Notwithstanding the provisions of s. 216.301 and
  174  pursuant to s. 216.351, any balance in the trust fund at the end
  175  of any fiscal year shall remain in the trust fund at the end of
  176  the year and shall be available for carrying out the purposes of
  177  the trust fund.
  178         Section 3. Section 154.05, Florida Statutes, is amended to
  179  read:
  180         154.05 Cooperation and agreements between counties.
  181  Counties may establish cooperative arrangements for shared
  182  county health departments in the following ways:
  183         (1) Two or more counties may combine in the establishment
  184  and maintenance of a single full-time county health department
  185  for the counties which combine for that purpose; and, pursuant
  186  to such combination or agreement, such counties may cooperate
  187  with one another and the Department of Health and contribute to
  188  a joint fund in carrying out the purpose and intent of this
  189  chapter. The duration and nature of such agreement shall be
  190  evidenced by resolutions of the boards of county commissioners
  191  of such counties and shall be submitted to and approved by the
  192  department. In the event of any such agreement, a full-time
  193  county health department shall be established and maintained by
  194  the department in and for the benefit of the counties which have
  195  entered into such an agreement; and, in such case, the funds
  196  raised by taxation pursuant to this chapter by each such county
  197  shall be paid to the Chief Financial Officer for the account of
  198  the department and shall be known as the full-time county health
  199  department trust fund of the counties so cooperating. Such trust
  200  funds shall be used and expended by the department for the
  201  purposes specified in this chapter in each county which has
  202  entered into such agreement. In case such an agreement is
  203  entered into between two or more counties, the work contemplated
  204  by this chapter shall be done by a single full-time county
  205  health department in the counties so cooperating; and the
  206  nature, extent, and location of such work shall be under the
  207  control and direction of the department.
  208         (2) The operations of two or more county health departments
  209  may be combined when the parties agree to the specific roles and
  210  responsibilities of each county and county health department.
  211  Such an agreement shall specify the roles and responsibilities
  212  of each county and county health department, including the
  213  method of governance and executive direction; the manner by
  214  which each county’s public health needs will be addressed; an
  215  inventory of necessary facilities, equipment, and personnel; and
  216  any other needed infrastructure.
  217         Section 4. Subsection (2) of section 212.08, Florida
  218  Statutes, is amended to read:
  219         212.08 Sales, rental, use, consumption, distribution, and
  220  storage tax; specified exemptions.—The sale at retail, the
  221  rental, the use, the consumption, the distribution, and the
  222  storage to be used or consumed in this state of the following
  223  are hereby specifically exempt from the tax imposed by this
  224  chapter.
  225         (2) EXEMPTIONS; MEDICAL.—
  226         (a) There shall be exempt from the tax imposed by this
  227  chapter any medical products and supplies or medicine dispensed
  228  according to an individual prescription or prescriptions written
  229  by a prescriber authorized by law to prescribe medicinal drugs;
  230  hypodermic needles; hypodermic syringes; chemical compounds and
  231  test kits used for the diagnosis or treatment of human disease,
  232  illness, or injury; and common household remedies recommended
  233  and generally sold for internal or external use in the cure,
  234  mitigation, treatment, or prevention of illness or disease in
  235  human beings, but not including cosmetics or toilet articles,
  236  notwithstanding the presence of medicinal ingredients therein,
  237  according to a list prescribed and approved by the Department of
  238  Business and Professional Regulation Health, which list shall be
  239  certified to the Department of Revenue from time to time and
  240  included in the rules promulgated by the Department of Revenue.
  241  There shall also be exempt from the tax imposed by this chapter
  242  artificial eyes and limbs; orthopedic shoes; prescription
  243  eyeglasses and items incidental thereto or which become a part
  244  thereof; dentures; hearing aids; crutches; prosthetic and
  245  orthopedic appliances; and funerals. In addition, any items
  246  intended for one-time use which transfer essential optical
  247  characteristics to contact lenses shall be exempt from the tax
  248  imposed by this chapter; however, this exemption shall apply
  249  only after $100,000 of the tax imposed by this chapter on such
  250  items has been paid in any calendar year by a taxpayer who
  251  claims the exemption in such year. Funeral directors shall pay
  252  tax on all tangible personal property used by them in their
  253  business.
  254         (b) For the purposes of this subsection:
  255         1. “Prosthetic and orthopedic appliances” means any
  256  apparatus, instrument, device, or equipment used to replace or
  257  substitute for any missing part of the body, to alleviate the
  258  malfunction of any part of the body, or to assist any disabled
  259  person in leading a normal life by facilitating such person’s
  260  mobility. Such apparatus, instrument, device, or equipment shall
  261  be exempted according to an individual prescription or
  262  prescriptions written by a physician licensed under chapter 458,
  263  chapter 459, chapter 460, chapter 461, or chapter 466, or
  264  according to a list prescribed and approved by the Department of
  265  Health, which list shall be certified to the Department of
  266  Revenue from time to time and included in the rules promulgated
  267  by the Department of Revenue.
  268         2. “Cosmetics” means articles intended to be rubbed,
  269  poured, sprinkled, or sprayed on, introduced into, or otherwise
  270  applied to the human body for cleansing, beautifying, promoting
  271  attractiveness, or altering the appearance and also means
  272  articles intended for use as a compound of any such articles,
  273  including, but not limited to, cold creams, suntan lotions,
  274  makeup, and body lotions.
  275         3. “Toilet articles” means any article advertised or held
  276  out for sale for grooming purposes and those articles that are
  277  customarily used for grooming purposes, regardless of the name
  278  by which they may be known, including, but not limited to, soap,
  279  toothpaste, hair spray, shaving products, colognes, perfumes,
  280  shampoo, deodorant, and mouthwash.
  281         4. “Prescription” includes any order for drugs or medicinal
  282  supplies written or transmitted by any means of communication by
  283  a duly licensed practitioner authorized by the laws of the state
  284  to prescribe such drugs or medicinal supplies and intended to be
  285  dispensed by a pharmacist. The term also includes an orally
  286  transmitted order by the lawfully designated agent of such
  287  practitioner. The term also includes an order written or
  288  transmitted by a practitioner licensed to practice in a
  289  jurisdiction other than this state, but only if the pharmacist
  290  called upon to dispense such order determines, in the exercise
  291  of his or her professional judgment, that the order is valid and
  292  necessary for the treatment of a chronic or recurrent illness.
  293  The term also includes a pharmacist’s order for a product
  294  selected from the formulary created pursuant to s. 465.186. A
  295  prescription may be retained in written form, or the pharmacist
  296  may cause it to be recorded in a data processing system,
  297  provided that such order can be produced in printed form upon
  298  lawful request.
  299         (c) Chlorine shall not be exempt from the tax imposed by
  300  this chapter when used for the treatment of water in swimming
  301  pools.
  302         (d) Lithotripters are exempt.
  303         (e) Human organs are exempt.
  304         (f) Sales of drugs to or by physicians, dentists,
  305  veterinarians, and hospitals in connection with medical
  306  treatment are exempt.
  307         (g) Medical products and supplies used in the cure,
  308  mitigation, alleviation, prevention, or treatment of injury,
  309  disease, or incapacity which are temporarily or permanently
  310  incorporated into a patient or client by a practitioner of the
  311  healing arts licensed in the state are exempt.
  312         (h) The purchase by a veterinarian of commonly recognized
  313  substances possessing curative or remedial properties which are
  314  ordered and dispensed as treatment for a diagnosed health
  315  disorder by or on the prescription of a duly licensed
  316  veterinarian, and which are applied to or consumed by animals
  317  for alleviation of pain or the cure or prevention of sickness,
  318  disease, or suffering are exempt. Also exempt are the purchase
  319  by a veterinarian of antiseptics, absorbent cotton, gauze for
  320  bandages, lotions, vitamins, and worm remedies.
  321         (i) X-ray opaques, also known as opaque drugs and
  322  radiopaque, such as the various opaque dyes and barium sulphate,
  323  when used in connection with medical X rays for treatment of
  324  bodies of humans and animals, are exempt.
  325         (j) Parts, special attachments, special lettering, and
  326  other like items that are added to or attached to tangible
  327  personal property so that a handicapped person can use them are
  328  exempt when such items are purchased by a person pursuant to an
  329  individual prescription.
  330         (k) This subsection shall be strictly construed and
  331  enforced.
  332         Section 5. Subsections (10) and (12) of section 215.5602,
  333  Florida Statutes, are amended to read:
  334         215.5602 James and Esther King Biomedical Research
  335  Program.—
  336         (10) The council shall submit an annual progress report on
  337  the state of biomedical research in this state to the Florida
  338  Center for Universal Research to Eradicate Disease and to the
  339  Governor, the State Surgeon General, the President of the
  340  Senate, and the Speaker of the House of Representatives by
  341  February 1. The report must include:
  342         (a) A list of research projects supported by grants or
  343  fellowships awarded under the program.
  344         (b) A list of recipients of program grants or fellowships.
  345         (c) A list of publications in peer reviewed journals
  346  involving research supported by grants or fellowships awarded
  347  under the program.
  348         (d) The total amount of biomedical research funding
  349  currently flowing into the state.
  350         (e) New grants for biomedical research which were funded
  351  based on research supported by grants or fellowships awarded
  352  under the program.
  353         (f) Progress in the prevention, diagnosis, treatment, and
  354  cure of diseases related to tobacco use, including cancer,
  355  cardiovascular disease, stroke, and pulmonary disease.
  356         (12) From funds appropriated to accomplish the goals of
  357  this section, up to $250,000 shall be available for the
  358  operating costs of the Florida Center for Universal Research to
  359  Eradicate Disease. Beginning in the 2011-2012 fiscal year and
  360  thereafter, $25 million from the revenue deposited into the
  361  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  362  shall be reserved for research of tobacco-related or cancer
  363  related illnesses. Of the revenue deposited in the Health Care
  364  Trust Fund pursuant to this section, $25 million shall be
  365  transferred to the Biomedical Research Trust Fund within the
  366  Department of Health. Subject to annual appropriations in the
  367  General Appropriations Act, $5 million shall be appropriated to
  368  the James and Esther King Biomedical Research Program, $5
  369  million shall be appropriated to the William G. “Bill” Bankhead,
  370  Jr., and David Coley Cancer Research Program created under s.
  371  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  372  Cancer Center and Research Institute established under s.
  373  1004.43, $5 million shall be appropriated to the Sylvester
  374  Comprehensive Cancer Center of the University of Miami, and $5
  375  million shall be appropriated to the University of Florida
  376  Shands Cancer Hospital Center.
  377         Section 6. Section 381.001, Florida Statutes, is amended to
  378  read:
  379         381.001 Legislative intent; Public health system.—
  380         (1) It is the intent of the Legislature that The Department
  381  of Health is be responsible for the state’s public health system
  382  which shall be designed to promote, protect, and improve the
  383  health of all people in the state. The mission of the state’s
  384  public health system is to foster the conditions in which people
  385  can be healthy, by assessing state and community health needs
  386  and priorities through data collection, epidemiologic studies,
  387  and community participation; by developing comprehensive public
  388  health policies and objectives aimed at improving the health
  389  status of people in the state; and by ensuring essential health
  390  care and an environment which enhances the health of the
  391  individual and the community. The department shall provide
  392  leadership for Legislature recognizes that the state’s public
  393  health system must be founded on an active partnership working
  394  toward shared public health goals and involving between federal,
  395  state, and local governments and the private sector government
  396  and between the public and private sectors, and, therefore,
  397  assessment, policy development, and service provision must be
  398  shared by all of these entities to achieve its mission.
  399         (2) It is the intent of the Legislature that the
  400  department, in carrying out the mission of public health, focus
  401  attention on identifying, assessing, and controlling the
  402  presence and spread of communicable diseases; on monitoring and
  403  regulating factors in the environment which may impair the
  404  public’s health, with particular attention to preventing
  405  contamination of drinking water, the air people breathe, and the
  406  food people consume; and ensuring availability of and access to
  407  preventive and primary health care, including, but not limited
  408  to, acute and episodic care, prenatal and postpartum care, child
  409  health, family planning, school health, chronic disease
  410  prevention, child and adult immunization, dental health,
  411  nutrition, and health education and promotion services.
  412         (3) It is, furthermore, the intent of the Legislature that
  413  the public health system include comprehensive planning, data
  414  collection, technical support, and health resource development
  415  functions. These functions include, but are not limited to,
  416  state laboratory and pharmacy services, the state vital
  417  statistics system, the Florida Center for Health Information and
  418  Policy Analysis, emergency medical services coordination and
  419  support, and recruitment, retention, and development of
  420  preventive and primary health care professionals and managers.
  421         (4) It is, furthermore, the intent of the Legislature that
  422  the department provide public health services through the 67
  423  county health departments in partnership with county
  424  governments, as specified in part I of chapter 154, and in so
  425  doing make every attempt possible to solicit the support and
  426  involvement of private and not-for-profit health care agencies
  427  in fulfilling the public health mission.
  428         Section 7. Section 381.0011, Florida Statutes, is amended
  429  to read:
  430         381.0011 Duties and powers of the Department of Health.—It
  431  is the duty of the Department of Health to:
  432         (1) Assess the public health status and needs of the state
  433  through statewide data collection and other appropriate means,
  434  with special attention to future needs that may result from
  435  population growth, technological advancements, new societal
  436  priorities, or other changes.
  437         (2) Formulate general policies affecting the public health
  438  of the state.
  439         (2)(3) Administer and enforce laws and rules relating to
  440  sanitation, control of communicable diseases, illnesses and
  441  hazards to health among humans and from animals to humans, and
  442  the general health of the people of the state.
  443         (3)(4)Coordinate with Cooperate with and accept assistance
  444  from federal, state, and local officials for the prevention and
  445  suppression of communicable and other diseases, illnesses,
  446  injuries, and hazards to human health.
  447         (5) Declare, enforce, modify, and abolish quarantine of
  448  persons, animals, and premises as the circumstances indicate for
  449  controlling communicable diseases or providing protection from
  450  unsafe conditions that pose a threat to public health, except as
  451  provided in ss. 384.28 and 392.545-392.60.
  452         (a) The department shall adopt rules to specify the
  453  conditions and procedures for imposing and releasing a
  454  quarantine. The rules must include provisions related to:
  455         1. The closure of premises.
  456         2. The movement of persons or animals exposed to or
  457  infected with a communicable disease.
  458         3. The tests or treatment, including vaccination, for
  459  communicable disease required prior to employment or admission
  460  to the premises or to comply with a quarantine.
  461         4. Testing or destruction of animals with or suspected of
  462  having a disease transmissible to humans.
  463         5. Access by the department to quarantined premises.
  464         6. The disinfection of quarantined animals, persons, or
  465  premises.
  466         7. Methods of quarantine.
  467         (b) Any health regulation that restricts travel or trade
  468  within the state may not be adopted or enforced in this state
  469  except by authority of the department.
  470         (4)(6) Provide for a thorough investigation and study of
  471  the incidence, causes, modes of propagation and transmission,
  472  and means of prevention, control, and cure of diseases,
  473  illnesses, and hazards to human health.
  474         (5)(7) Provide for the dissemination of information to the
  475  public relative to the prevention, control, and cure of
  476  diseases, illnesses, and hazards to human health. The department
  477  shall conduct a workshop before issuing any health alert or
  478  advisory relating to food-borne illness or communicable disease
  479  in public lodging or food service establishments in order to
  480  inform persons, trade associations, and businesses of the risk
  481  to public health and to seek the input of affected persons,
  482  trade associations, and businesses on the best methods of
  483  informing and protecting the public, except in an emergency, in
  484  which case the workshop must be held within 14 days after the
  485  issuance of the emergency alert or advisory.
  486         (6)(8) Act as registrar of vital statistics.
  487         (9) Cooperate with and assist federal health officials in
  488  enforcing public health laws and regulations.
  489         (10) Cooperate with other departments, local officials, and
  490  private boards and organizations for the improvement and
  491  preservation of the public health.
  492         (11) Maintain a statewide injury-prevention program.
  493         (12) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  494  implement the provisions of law conferring duties upon it. This
  495  subsection does not authorize the department to require a permit
  496  or license unless such requirement is specifically provided by
  497  law.
  498         (7)(13) Manage and coordinate emergency preparedness and
  499  disaster response functions to: investigate and control the
  500  spread of disease; coordinate the availability and staffing of
  501  special needs shelters; support patient evacuation; ensure the
  502  safety of food and drugs; provide critical incident stress
  503  debriefing; and provide surveillance and control of
  504  radiological, chemical, biological, and other environmental
  505  hazards.
  506         (14) Perform any other duties prescribed by law.
  507         Section 8. Section 381.0013, Florida Statutes, is repealed.
  508         Section 9. Section 381.0014, Florida Statutes, is repealed.
  509         Section 10. Section 381.0015, Florida Statutes, is
  510  repealed.
  511         Section 11. Section 381.0016, Florida Statutes, is amended
  512  to read:
  513         381.0016 County and municipal regulations and ordinances.
  514  Any county or municipality may enact, in a manner prescribed by
  515  law, health regulations and ordinances not inconsistent with
  516  state public health laws and rules adopted by the department.
  517         Section 12. Section 381.0017, Florida Statutes, is
  518  repealed.
  519         Section 13. Section 381.0025, Florida Statutes, is
  520  repealed.
  521         Section 14. Paragraph (d) of subsection (1) of section
  522  381.003, Florida Statutes, is amended to read:
  523         381.003 Communicable disease and AIDS prevention and
  524  control.—
  525         (1) The department shall conduct a communicable disease
  526  prevention and control program as part of fulfilling its public
  527  health mission. A communicable disease is any disease caused by
  528  transmission of a specific infectious agent, or its toxic
  529  products, from an infected person, an infected animal, or the
  530  environment to a susceptible host, either directly or
  531  indirectly. The communicable disease program must include, but
  532  need not be limited to:
  533         (d) Programs for the prevention, control, and reporting of
  534  communicable diseases of public health significance as provided
  535  for in this chapter.
  536         Section 15. Section 381.0031, Florida Statutes, is amended
  537  to read:
  538         381.0031 Epidemiological research; report of diseases of
  539  public health significance to department.—
  540         (1) The department may conduct studies concerning the
  541  epidemiology of diseases of public health significance affecting
  542  people in Florida.
  543         (2) Any practitioner licensed in this state to practice
  544  medicine, osteopathic medicine, chiropractic medicine,
  545  naturopathy, or veterinary medicine; any hospital licensed under
  546  part I of chapter 395; or any laboratory licensed under chapter
  547  483 that diagnoses or suspects the existence of a disease of
  548  public health significance shall immediately report the fact to
  549  the Department of Health.
  550         (3)(2) Periodically the department shall issue a list of
  551  infectious or noninfectious diseases determined by it to be a
  552  threat to public health and therefore of significance to public
  553  health and shall furnish a copy of the list to the practitioners
  554  listed in subsection (2) (1). The list shall be based on the
  555  diseases recommended to be nationally notifiable by the Council
  556  of State and Territorial Epidemiologists and the Centers for
  557  Disease Control and Prevention. The department may expand upon
  558  the list if a disease emerges for which regular, frequent, and
  559  timely information regarding individual cases is considered
  560  necessary for the prevention and control of a disease specific
  561  to Florida.
  562         (4)(3) Reports required by this section must be in
  563  accordance with methods specified by rule of the department.
  564         (5)(4) Information submitted in reports required by this
  565  section is confidential, exempt from the provisions of s.
  566  119.07(1), and is to be made public only when necessary to
  567  public health. A report so submitted is not a violation of the
  568  confidential relationship between practitioner and patient.
  569         (6)(5) The department may obtain and inspect copies of
  570  medical records, records of laboratory tests, and other medical
  571  related information for reported cases of diseases of public
  572  health significance described in subsection (2). The department
  573  shall examine the records of a person who has a disease of
  574  public health significance only for purposes of preventing and
  575  eliminating outbreaks of disease and making epidemiological
  576  investigations of reported cases of diseases of public health
  577  significance, notwithstanding any other law to the contrary.
  578  Health care practitioners, licensed health care facilities, and
  579  laboratories shall allow the department to inspect and obtain
  580  copies of such medical records and medical-related information,
  581  notwithstanding any other law to the contrary. Release of
  582  medical records and medical-related information to the
  583  department by a health care practitioner, licensed health care
  584  facility, or laboratory, or by an authorized employee or agent
  585  thereof, does not constitute a violation of the confidentiality
  586  of patient records. A health care practitioner, health care
  587  facility, or laboratory, or any employee or agent thereof, may
  588  not be held liable in any manner for damages and is not subject
  589  to criminal penalties for providing patient records to the
  590  department as authorized by this section.
  591         (7)(6) The department may adopt rules related to reporting
  592  diseases of significance to public health, which must specify
  593  the information to be included in the report, who is required to
  594  report, the method and time period for reporting, requirements
  595  for enforcement, and required followup activities by the
  596  department which are necessary to protect public health.
  597         (8) This section does not affect s. 384.25.
  598         Section 16. Subsections (4), (5), and (6) are added to
  599  section 381.00315, Florida Statutes, to read:
  600         381.00315 Public health advisories; public health
  601  emergencies; quarantines.—The State Health Officer is
  602  responsible for declaring public health emergencies and
  603  quarantines and issuing public health advisories.
  604         (4) The department has the duty and the authority to
  605  declare, enforce, modify, and abolish quarantines of persons,
  606  animals, and premises as the circumstances indicate for
  607  controlling communicable diseases or providing protection from
  608  unsafe conditions that pose a threat to public health, except as
  609  provided in ss. 384.28 and 392.545-392.60.
  610         (5) The department shall adopt rules to specify the
  611  conditions and procedures for imposing and releasing a
  612  quarantine. The rules must include provisions related to:
  613         (a) The closure of premises.
  614         (b) The movement of persons or animals exposed to or
  615  infected with a communicable disease.
  616         (c) The tests or treatment, including vaccination, for
  617  communicable disease required prior to employment or admission
  618  to the premises or to comply with a quarantine.
  619         (d) Testing or destruction of animals with or suspected of
  620  having a disease transmissible to humans.
  621         (e) Access by the department to quarantined premises.
  622         (f) The disinfection of quarantined animals, persons, or
  623  premises.
  624         (g) Methods of quarantine.
  625         (6) The rules adopted under this section and actions taken
  626  by the department pursuant to a declared public health emergency
  627  or quarantine shall supersede all rules enacted by other state
  628  departments, boards or commissions, and ordinances and
  629  regulations enacted by political subdivisions of the state. Any
  630  person who violates any rule adopted under this section, any
  631  quarantine, or any requirement adopted by the department
  632  pursuant to a declared public health emergency, commits a
  633  misdemeanor of the second degree, punishable as provided in s.
  634  775.082 or s. 775.083.
  635         Section 17. Section 381.0032, Florida Statutes, is
  636  repealed.
  637         Section 18. Section 381.00325, Florida Statutes, is
  638  repealed.
  639         Section 19. Subsection (1) of section 381.0034, Florida
  640  Statutes, is amended to read:
  641         381.0034 Requirement for instruction on HIV and AIDS.—
  642         (1) As of July 1, 1991, The Department of Health shall
  643  require each person licensed or certified under chapter 401,
  644  chapter 467, part IV of chapter 468, or chapter 483, as a
  645  condition of biennial relicensure, to complete an educational
  646  course approved by the department on the modes of transmission,
  647  infection control procedures, clinical management, and
  648  prevention of human immunodeficiency virus and acquired immune
  649  deficiency syndrome. Such course shall include information on
  650  current Florida law on acquired immune deficiency syndrome and
  651  its impact on testing, confidentiality of test results, and
  652  treatment of patients. Each such licensee or certificateholder
  653  shall submit confirmation of having completed said course, on a
  654  form provided by the department, when submitting fees or
  655  application for each biennial renewal.
  656         Section 20. Section 381.0037, Florida Statutes, is
  657  repealed.
  658         Section 21. Subsections (2) though (11) of section 381.004,
  659  Florida Statutes, are renumbered as subsections (1) through
  660  (10), respectively, and present subsection (1), paragraph (a) of
  661  present subsection (3), paragraph (d) of present subsection (5),
  662  present subsection (7), and paragraph (c) of present subsection
  663  (11) of that section are amended to read:
  664         381.004 HIV testing.—
  665         (1) LEGISLATIVE INTENT.—The Legislature finds that the use
  666  of tests designed to reveal a condition indicative of human
  667  immunodeficiency virus infection can be a valuable tool in
  668  protecting the public health. The Legislature finds that despite
  669  existing laws, regulations, and professional standards which
  670  require or promote the informed, voluntary, and confidential use
  671  of tests designed to reveal human immunodeficiency virus
  672  infection, many members of the public are deterred from seeking
  673  such testing because they misunderstand the nature of the test
  674  or fear that test results will be disclosed without their
  675  consent. The Legislature finds that the public health will be
  676  served by facilitating informed, voluntary, and confidential use
  677  of tests designed to detect human immunodeficiency virus
  678  infection.
  681         (a) No person in this state shall order a test designed to
  682  identify the human immunodeficiency virus, or its antigen or
  683  antibody, without first obtaining the informed consent of the
  684  person upon whom the test is being performed, except as
  685  specified in paragraph (h). Informed consent shall be preceded
  686  by an explanation of the right to confidential treatment of
  687  information identifying the subject of the test and the results
  688  of the test to the extent provided by law. Information shall
  689  also be provided on the fact that a positive HIV test result
  690  will be reported to the county health department with sufficient
  691  information to identify the test subject and on the availability
  692  and location of sites at which anonymous testing is performed.
  693  As required in paragraph (3)(c) (4)(c), each county health
  694  department shall maintain a list of sites at which anonymous
  695  testing is performed, including the locations, phone numbers,
  696  and hours of operation of the sites. Consent need not be in
  697  writing provided there is documentation in the medical record
  698  that the test has been explained and the consent has been
  699  obtained.
  702  REGISTRATION.—No county health department and no other person in
  703  this state shall conduct or hold themselves out to the public as
  704  conducting a testing program for acquired immune deficiency
  705  syndrome or human immunodeficiency virus status without first
  706  registering with the Department of Health, reregistering each
  707  year, complying with all other applicable provisions of state
  708  law, and meeting the following requirements:
  709         (d) The program must meet all the informed consent criteria
  710  contained in subsection (2) (3).
  711         (7) EXEMPTIONS.—Except as provided in paragraph (3)(d)
  712  (4)(d) and ss. 627.429 and 641.3007, insurers and others
  713  participating in activities related to the insurance application
  714  and underwriting process shall be exempt from this section.
  716         (c) Any violation of this subsection or the rules
  717  implementing it shall be punishable as provided in subsection
  718  (5) (6).
  719         Section 22. Subsection (2) of section 381.0046, Florida
  720  Statutes, is amended to read:
  721         381.0046 Statewide HIV and AIDS prevention campaign.—
  722         (2) The Department of Health shall establish dedicated four
  723  positions within the department for HIV and AIDS regional
  724  minority coordinators and one position for a statewide HIV and
  725  AIDS minority coordinator. The coordinators shall facilitate
  726  statewide efforts to implement and coordinate HIV and AIDS
  727  prevention and treatment programs. The statewide coordinator
  728  shall report directly to the chief of the Bureau of HIV and AIDS
  729  within the Department of Health.
  730         Section 23. Subsection (3) of section 381.005, Florida
  731  Statutes, is renumbered as subsection (2), and present
  732  subsection (2) of that section is amended to read:
  733         381.005 Primary and preventive health services.—
  734         (2) Between October 1, or earlier if the vaccination is
  735  available, and February 1 of each year, subject to the
  736  availability of an adequate supply of the necessary vaccine,
  737  each hospital licensed pursuant to chapter 395 shall implement a
  738  program to offer immunizations against the influenza virus and
  739  pneumococcal bacteria to all patients age 65 or older, in
  740  accordance with the recommendations of the Advisory Committee on
  741  Immunization Practices of the United States Centers for Disease
  742  Control and Prevention and subject to the clinical judgment of
  743  the responsible practitioner.
  744         Section 24. Subsections (3) through (7) of section
  745  381.0051, Florida Statutes, are renumbered as subsections (2)
  746  through (6), respectively, and present subsection (2) of that
  747  section is amended to read:
  748         381.0051 Family planning.—
  749         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  750  to make available to citizens of the state of childbearing age
  751  comprehensive medical knowledge, assistance, and services
  752  relating to the planning of families and maternal health care.
  753         Section 25. Subsection (5) of section 381.0052, Florida
  754  Statutes, is amended to read:
  755         381.0052 Dental health.—
  756         (5) The department may adopt rules to implement this
  757  section.
  758         Section 26. Subsection (4) of section 381.0053, Florida
  759  Statutes, is amended to read:
  760         381.0053 Comprehensive nutrition program.—
  761         (4) The department may promulgate rules to implement the
  762  provisions of this section.
  763         Section 27. Section 381.0054, Florida Statutes, is
  764  repealed.
  765         Section 28. Subsections (3) through (11) of section
  766  381.0056, Florida Statutes are renumbered as subsections (2)
  767  through (9), respectively, and present subsections (2), (3), and
  768  (11) of that section are amended to read:
  769         381.0056 School health services program.—
  770         (2) The Legislature finds that health services conducted as
  771  a part of the total school health program should be carried out
  772  to appraise, protect, and promote the health of students. School
  773  health services supplement, rather than replace, parental
  774  responsibility and are designed to encourage parents to devote
  775  attention to child health, to discover health problems, and to
  776  encourage use of the services of their physicians, dentists, and
  777  community health agencies.
  778         (2)(3)As When used in or for purposes of this section:
  779         (a) “Emergency health needs” means onsite management and
  780  aid for illness or injury pending the student’s return to the
  781  classroom or release to a parent, guardian, designated friend,
  782  or designated health care provider.
  783         (b) “Entity” or “health care entity” means a unit of local
  784  government or a political subdivision of the state; a hospital
  785  licensed under chapter 395; a health maintenance organization
  786  certified under chapter 641; a health insurer authorized under
  787  the Florida Insurance Code; a community health center; a migrant
  788  health center; a federally qualified health center; an
  789  organization that meets the requirements for nonprofit status
  790  under s. 501(c)(3) of the Internal Revenue Code; a private
  791  industry or business; or a philanthropic foundation that agrees
  792  to participate in a public-private partnership with a county
  793  health department, local school district, or school in the
  794  delivery of school health services, and agrees to the terms and
  795  conditions for the delivery of such services as required by this
  796  section and as documented in the local school health services
  797  plan.
  798         (c) “Invasive screening” means any screening procedure in
  799  which the skin or any body orifice is penetrated.
  800         (d) “Physical examination” means a thorough evaluation of
  801  the health status of an individual.
  802         (e) “School health services plan” means the document that
  803  describes the services to be provided, the responsibility for
  804  provision of the services, the anticipated expenditures to
  805  provide the services, and evidence of cooperative planning by
  806  local school districts and county health departments.
  807         (f) “Screening” means presumptive identification of unknown
  808  or unrecognized diseases or defects by the application of tests
  809  that can be given with ease and rapidity to apparently healthy
  810  persons.
  811         (11) School health programs funded by health care districts
  812  or entities defined in subsection (3) must be supplementary to
  813  and consistent with the requirements of this section and ss.
  814  381.0057 and 381.0059.
  815         Section 29. Subsections (2) through (7) of section
  816  381.0057, Florida Statutes, are renumbered as subsections (1)
  817  through (6), respectively, and present subsections (1), (4), and
  818  (6) of that section are amended to read:
  819         381.0057 Funding for school health services.—
  820         (1) It is the intent of the Legislature that funds in
  821  addition to those provided under the School Health Services Act
  822  be provided to those school districts and schools where there is
  823  a high incidence of medically underserved high-risk children,
  824  low birthweight babies, infant mortality, or teenage pregnancy.
  825  The purpose of this funding is to phase in those programs which
  826  offer the greatest potential for promoting the health of
  827  students and reducing teenage pregnancy.
  828         (3)(4) Any school district, school, or laboratory school
  829  which desires to receive state funding under the provisions of
  830  this section shall submit a proposal to the joint committee
  831  established in subsection (2) (3). The proposal shall state the
  832  goals of the program, provide specific plans for reducing
  833  teenage pregnancy, and describe all of the health services to be
  834  available to students with funds provided pursuant to this
  835  section, including a combination of initiatives such as health
  836  education, counseling, extracurricular, and self-esteem
  837  components. School health services shall not promote elective
  838  termination of pregnancy as a part of counseling services. Only
  839  those program proposals which have been developed jointly by
  840  county health departments and local school districts or schools,
  841  and which have community and parental support, shall be eligible
  842  for funding. Funding shall be available specifically for
  843  implementation of one of the following programs:
  844         (a) School health improvement pilot project.—The program
  845  shall include basic health care to an elementary school, middle
  846  school, and high school feeder system. Program services shall
  847  include, but not be limited to:
  848         1. Planning, implementing, and evaluating school health
  849  services. Staffing shall include a full-time, trained school
  850  health aide in each elementary, middle, and high school; one
  851  full-time nurse to supervise the aides in the elementary and
  852  middle schools; and one full-time nurse in each high school.
  853         2. Providing student health appraisals and identification
  854  of actual or potential health problems by screenings, nursing
  855  assessments, and record reviews.
  856         3. Expanding screening activities.
  857         4. Improving the student utilization of school health
  858  services.
  859         5. Coordinating health services for students with parents
  860  or guardians and other agencies in the community.
  861         (b) Student support services team program.—The program
  862  shall include a multidisciplinary team composed of a
  863  psychologist, social worker, and nurse whose responsibilities
  864  are to provide basic support services and to assist, in the
  865  school setting, children who exhibit mild to severely complex
  866  health, behavioral, or learning problems affecting their school
  867  performance. Support services shall include, but not be limited
  868  to: evaluation and treatment for minor illnesses and injuries,
  869  referral and followup for serious illnesses and emergencies,
  870  onsite care and consultation, referral to a physician, and
  871  followup care for pregnancy or chronic diseases and disorders as
  872  well as emotional or mental problems. Services also shall
  873  include referral care for drug and alcohol abuse and sexually
  874  transmitted diseases, sports and employment physicals,
  875  immunizations, and in addition, effective preventive services
  876  aimed at delaying early sexual involvement and aimed at
  877  pregnancy, acquired immune deficiency syndrome, sexually
  878  transmitted diseases, and destructive lifestyle conditions, such
  879  as alcohol and drug abuse. Moneys for this program shall be used
  880  to fund three teams, each consisting of one half-time
  881  psychologist, one full-time nurse, and one full-time social
  882  worker. Each team shall provide student support services to an
  883  elementary school, middle school, and high school that are a
  884  part of one feeder school system and shall coordinate all
  885  activities with the school administrator and guidance counselor
  886  at each school. A program which places all three teams in middle
  887  schools or high schools may also be proposed.
  888         (c) Full service schools.—The full-service schools shall
  889  integrate the services of the Department of Health that are
  890  critical to the continuity-of-care process. The department shall
  891  provide services to students on the school grounds. Department
  892  personnel shall provide their specialized services as an
  893  extension of the educational environment. Such services may
  894  include nutritional services, medical services, aid to dependent
  895  children, parenting skills, counseling for abused children, and
  896  education for the students’ parents or guardians.
  898  Funding may also be available for any other program that is
  899  comparable to a program described in this subsection but is
  900  designed to meet the particular needs of the community.
  901         (5)(6) Each school district or school program that is
  902  funded through the provisions of this section shall provide a
  903  mechanism through which a parent may, by written request, exempt
  904  a child from all or certain services provided by a school health
  905  services program described in subsection (3) (4).
  906         Section 30. Section 381.00591, Florida Statutes, is amended
  907  to read:
  908         381.00591 Department of Health; National Environmental
  909  Laboratory accreditation; application; rules.—The Department of
  910  Health may apply for and become a National Environmental
  911  Laboratory Accreditation Program accreditation body accrediting
  912  authority. The department, as an accrediting entity, may adopt
  913  rules pursuant to ss. 120.536(1) and 120.54, to implement
  914  standards of the National Environmental Laboratory Accreditation
  915  Program, including requirements for proficiency testing
  916  providers and other rules that are not inconsistent with this
  917  section, including rules pertaining to fees, application
  918  procedures, standards applicable to environmental or public
  919  water supply laboratories, and compliance.
  920         Section 31. Subsection (9) of section 381.00593, Florida
  921  Statutes, is renumbered as subsection (8), and present
  922  subsection (8) of that section is amended to read:
  923         381.00593 Public school volunteer health care practitioner
  924  program.—
  925         (8) The Department of Health, in cooperation with the
  926  Department of Education, may adopt rules necessary to implement
  927  this section. The rules shall include the forms to be completed
  928  and procedures to be followed by applicants and school personnel
  929  under the program.
  930         Section 32. Subsections (2) through (6) of section
  931  381.0062, Florida Statutes, are renumbered as subsections (1)
  932  through (5), respectively, and present subsections (1) and (4)
  933  of that section are amended to read:
  934         381.0062 Supervision; private and certain public water
  935  systems.—
  936         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  937  to protect the public’s health by establishing standards for the
  938  construction, modification, and operation of public and private
  939  water systems to assure consumers that the water provided by
  940  those systems is potable.
  941         (3)(4) RIGHT OF ENTRY.—For purposes of this section,
  942  department personnel may enter, at any reasonable time and if
  943  they have reasonable cause to believe a violation of this
  944  section is occurring or about to occur, upon any and all parts
  945  of the premises of such limited use public and multifamily
  946  drinking water systems, to make an examination and investigation
  947  to determine the sanitary and safety conditions of such systems.
  948  Any person who interferes with, hinders, or opposes any employee
  949  of the department in the discharge of his or her duties pursuant
  950  to the provisions of this section is subject to the penalties
  951  provided in s. 381.0025.
  952         Section 33. Subsection (1), (3), and (4) of section
  953  381.0065, Florida Statues, are amended to read:
  954         381.0065 Onsite sewage treatment and disposal systems;
  955  regulation.—
  956         (1) LEGISLATIVE INTENT.—
  957         (a) It is the intent of the Legislature that proper
  958  management of onsite sewage treatment and disposal systems is
  959  paramount to the health, safety, and welfare of the public. It
  960  is further the intent of the Legislature that the department
  961  shall administer an evaluation program to ensure the operational
  962  condition of the system and identify any failure with the
  963  system.
  964         (b) It is the intent of the Legislature that where a
  965  publicly owned or investor-owned sewerage system is not
  966  available, the department shall issue permits for the
  967  construction, installation, modification, abandonment, or repair
  968  of onsite sewage treatment and disposal systems under conditions
  969  as described in this section and rules adopted under this
  970  section. It is further the intent of the Legislature that the
  971  installation and use of onsite sewage treatment and disposal
  972  systems not adversely affect the public health or significantly
  973  degrade the groundwater or surface water.
  975  department shall:
  976         (a) Adopt rules to administer ss. 381.0065-381.0067,
  977  including definitions that are consistent with the definitions
  978  in this section, decreases to setback requirements where no
  979  health hazard exists, increases for the lot-flow allowance for
  980  performance-based systems, requirements for separation from
  981  water table elevation during the wettest season, requirements
  982  for the design and construction of any component part of an
  983  onsite sewage treatment and disposal system, application and
  984  permit requirements for persons who maintain an onsite sewage
  985  treatment and disposal system, requirements for maintenance and
  986  service agreements for aerobic treatment units and performance
  987  based treatment systems, and recommended standards, including
  988  disclosure requirements, for voluntary system inspections to be
  989  performed by individuals who are authorized by law to perform
  990  such inspections and who shall inform a person having ownership,
  991  control, or use of an onsite sewage treatment and disposal
  992  system of the inspection standards and of that person’s
  993  authority to request an inspection based on all or part of the
  994  standards.
  995         (b) Perform application reviews and site evaluations, issue
  996  permits, and conduct inspections and complaint investigations
  997  associated with the construction, installation, maintenance,
  998  modification, abandonment, operation, use, or repair of an
  999  onsite sewage treatment and disposal system for a residence or
 1000  establishment with an estimated domestic sewage flow of 10,000
 1001  gallons or less per day, or an estimated commercial sewage flow
 1002  of 5,000 gallons or less per day, which is not currently
 1003  regulated under chapter 403.
 1004         (c) Develop a comprehensive program to ensure that onsite
 1005  sewage treatment and disposal systems regulated by the
 1006  department are sized, designed, constructed, installed,
 1007  repaired, modified, abandoned, used, operated, and maintained in
 1008  compliance with this section and rules adopted under this
 1009  section to prevent groundwater contamination and surface water
 1010  contamination and to preserve the public health. The department
 1011  is the final administrative interpretive authority regarding
 1012  rule interpretation. In the event of a conflict regarding rule
 1013  interpretation, the State Surgeon General Division Director for
 1014  Environmental Health of the department, or his or her designee,
 1015  shall timely assign a staff person to resolve the dispute.
 1016         (d) Grant variances in hardship cases under the conditions
 1017  prescribed in this section and rules adopted under this section.
 1018         (e) Permit the use of a limited number of innovative
 1019  systems for a specific period of time, when there is compelling
 1020  evidence that the system will function properly and reliably to
 1021  meet the requirements of this section and rules adopted under
 1022  this section.
 1023         (f) Issue annual operating permits under this section.
 1024         (g) Establish and collect fees as established under s.
 1025  381.0066 for services provided with respect to onsite sewage
 1026  treatment and disposal systems.
 1027         (h) Conduct enforcement activities, including imposing
 1028  fines, issuing citations, suspensions, revocations, injunctions,
 1029  and emergency orders for violations of this section, part I of
 1030  chapter 386, or part III of chapter 489 or for a violation of
 1031  any rule adopted under this section, part I of chapter 386, or
 1032  part III of chapter 489.
 1033         (i) Provide or conduct education and training of department
 1034  personnel, service providers, and the public regarding onsite
 1035  sewage treatment and disposal systems.
 1036         (j) Supervise research on, demonstration of, and training
 1037  on the performance, environmental impact, and public health
 1038  impact of onsite sewage treatment and disposal systems within
 1039  this state. Research fees collected under s. 381.0066(2)(l) must
 1040  be used to develop and fund hands-on training centers designed
 1041  to provide practical information about onsite sewage treatment
 1042  and disposal systems to septic tank contractors, master septic
 1043  tank contractors, contractors, inspectors, engineers, and the
 1044  public and must also be used to fund research projects which
 1045  focus on improvements of onsite sewage treatment and disposal
 1046  systems, including use of performance-based standards and
 1047  reduction of environmental impact. Research projects shall be
 1048  initially approved by the technical review and advisory panel
 1049  and shall be applicable to and reflect the soil conditions
 1050  specific to Florida. Such projects shall be awarded through
 1051  competitive negotiation, using the procedures provided in s.
 1052  287.055, to public or private entities that have experience in
 1053  onsite sewage treatment and disposal systems in Florida and that
 1054  are principally located in Florida. Research projects shall not
 1055  be awarded to firms or entities that employ or are associated
 1056  with persons who serve on either the technical review and
 1057  advisory panel or the research review and advisory committee.
 1058         (k) Approve the installation of individual graywater
 1059  disposal systems in which blackwater is treated by a central
 1060  sewerage system.
 1061         (l) Regulate and permit the sanitation, handling,
 1062  treatment, storage, reuse, and disposal of byproducts from any
 1063  system regulated under this chapter and not regulated by the
 1064  Department of Environmental Protection.
 1065         (m) Permit and inspect portable or temporary toilet
 1066  services and holding tanks. The department shall review
 1067  applications, perform site evaluations, and issue permits for
 1068  the temporary use of holding tanks, privies, portable toilet
 1069  services, or any other toilet facility that is intended for use
 1070  on a permanent or nonpermanent basis, including facilities
 1071  placed on construction sites when workers are present. The
 1072  department may specify standards for the construction,
 1073  maintenance, use, and operation of any such facility for
 1074  temporary use.
 1075         (n) Regulate and permit maintenance entities for
 1076  performance-based treatment systems and aerobic treatment unit
 1077  systems. To ensure systems are maintained and operated according
 1078  to manufacturer’s specifications and designs, the department
 1079  shall establish by rule minimum qualifying criteria for
 1080  maintenance entities. The criteria shall include: training,
 1081  access to approved spare parts and components, access to
 1082  manufacturer’s maintenance and operation manuals, and service
 1083  response time. The maintenance entity shall employ a contractor
 1084  licensed under s. 489.105(3)(m), or part III of chapter 489, or
 1085  a state-licensed wastewater plant operator, who is responsible
 1086  for maintenance and repair of all systems under contract.
 1087         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 1088  construct, repair, modify, abandon, or operate an onsite sewage
 1089  treatment and disposal system without first obtaining a permit
 1090  approved by the department. The department may issue permits to
 1091  carry out this section, but shall not make the issuance of such
 1092  permits contingent upon prior approval by the Department of
 1093  Environmental Protection, except that the issuance of a permit
 1094  for work seaward of the coastal construction control line
 1095  established under s. 161.053 shall be contingent upon receipt of
 1096  any required coastal construction control line permit from the
 1097  Department of Environmental Protection. A construction permit is
 1098  valid for 18 months from the issuance date and may be extended
 1099  by the department for one 90-day period under rules adopted by
 1100  the department. A repair permit is valid for 90 days from the
 1101  date of issuance. An operating permit must be obtained prior to
 1102  the use of any aerobic treatment unit or if the establishment
 1103  generates commercial waste. Buildings or establishments that use
 1104  an aerobic treatment unit or generate commercial waste shall be
 1105  inspected by the department at least annually to assure
 1106  compliance with the terms of the operating permit. The operating
 1107  permit for a commercial wastewater system is valid for 1 year
 1108  from the date of issuance and must be renewed annually. The
 1109  operating permit for an aerobic treatment unit is valid for 2
 1110  years from the date of issuance and must be renewed every 2
 1111  years. If all information pertaining to the siting, location,
 1112  and installation conditions or repair of an onsite sewage
 1113  treatment and disposal system remains the same, a construction
 1114  or repair permit for the onsite sewage treatment and disposal
 1115  system may be transferred to another person, if the transferee
 1116  files, within 60 days after the transfer of ownership, an
 1117  amended application providing all corrected information and
 1118  proof of ownership of the property. There is no fee associated
 1119  with the processing of this supplemental information. A person
 1120  may not contract to construct, modify, alter, repair, service,
 1121  abandon, or maintain any portion of an onsite sewage treatment
 1122  and disposal system without being registered under part III of
 1123  chapter 489. A property owner who personally performs
 1124  construction, maintenance, or repairs to a system serving his or
 1125  her own owner-occupied single-family residence is exempt from
 1126  registration requirements for performing such construction,
 1127  maintenance, or repairs on that residence, but is subject to all
 1128  permitting requirements. A municipality or political subdivision
 1129  of the state may not issue a building or plumbing permit for any
 1130  building that requires the use of an onsite sewage treatment and
 1131  disposal system unless the owner or builder has received a
 1132  construction permit for such system from the department. A
 1133  building or structure may not be occupied and a municipality,
 1134  political subdivision, or any state or federal agency may not
 1135  authorize occupancy until the department approves the final
 1136  installation of the onsite sewage treatment and disposal system.
 1137  A municipality or political subdivision of the state may not
 1138  approve any change in occupancy or tenancy of a building that
 1139  uses an onsite sewage treatment and disposal system until the
 1140  department has reviewed the use of the system with the proposed
 1141  change, approved the change, and amended the operating permit.
 1142         (a) Subdivisions and lots in which each lot has a minimum
 1143  area of at least one-half acre and either a minimum dimension of
 1144  100 feet or a mean of at least 100 feet of the side bordering
 1145  the street and the distance formed by a line parallel to the
 1146  side bordering the street drawn between the two most distant
 1147  points of the remainder of the lot may be developed with a water
 1148  system regulated under s. 381.0062 and onsite sewage treatment
 1149  and disposal systems, provided the projected daily sewage flow
 1150  does not exceed an average of 1,500 gallons per acre per day,
 1151  and provided satisfactory drinking water can be obtained and all
 1152  distance and setback, soil condition, water table elevation, and
 1153  other related requirements of this section and rules adopted
 1154  under this section can be met.
 1155         (b) Subdivisions and lots using a public water system as
 1156  defined in s. 403.852 may use onsite sewage treatment and
 1157  disposal systems, provided there are no more than four lots per
 1158  acre, provided the projected daily sewage flow does not exceed
 1159  an average of 2,500 gallons per acre per day, and provided that
 1160  all distance and setback, soil condition, water table elevation,
 1161  and other related requirements that are generally applicable to
 1162  the use of onsite sewage treatment and disposal systems are met.
 1163         (c) Notwithstanding paragraphs (a) and (b), for
 1164  subdivisions platted of record on or before October 1, 1991,
 1165  when a developer or other appropriate entity has previously made
 1166  or makes provisions, including financial assurances or other
 1167  commitments, acceptable to the Department of Health, that a
 1168  central water system will be installed by a regulated public
 1169  utility based on a density formula, private potable wells may be
 1170  used with onsite sewage treatment and disposal systems until the
 1171  agreed-upon densities are reached. In a subdivision regulated by
 1172  this paragraph, the average daily sewage flow may not exceed
 1173  2,500 gallons per acre per day. This section does not affect the
 1174  validity of existing prior agreements. After October 1, 1991,
 1175  the exception provided under this paragraph is not available to
 1176  a developer or other appropriate entity.
 1177         (d) Paragraphs (a) and (b) do not apply to any proposed
 1178  residential subdivision with more than 50 lots or to any
 1179  proposed commercial subdivision with more than 5 lots where a
 1180  publicly owned or investor-owned sewerage system is available.
 1181  It is the intent of this paragraph not to allow development of
 1182  additional proposed subdivisions in order to evade the
 1183  requirements of this paragraph.
 1184         (e) Onsite sewage treatment and disposal systems must not
 1185  be placed closer than:
 1186         1. Seventy-five feet from a private potable well.
 1187         2. Two hundred feet from a public potable well serving a
 1188  residential or nonresidential establishment having a total
 1189  sewage flow of greater than 2,000 gallons per day.
 1190         3. One hundred feet from a public potable well serving a
 1191  residential or nonresidential establishment having a total
 1192  sewage flow of less than or equal to 2,000 gallons per day.
 1193         4. Fifty feet from any nonpotable well.
 1194         5. Ten feet from any storm sewer pipe, to the maximum
 1195  extent possible, but in no instance shall the setback be less
 1196  than 5 feet.
 1197         6. Seventy-five feet from the mean high-water line of a
 1198  tidally influenced surface water body.
 1199         7. Seventy-five feet from the mean annual flood line of a
 1200  permanent nontidal surface water body.
 1201         8. Fifteen feet from the design high-water line of
 1202  retention areas, detention areas, or swales designed to contain
 1203  standing or flowing water for less than 72 hours after a
 1204  rainfall or the design high-water level of normally dry drainage
 1205  ditches or normally dry individual lot stormwater retention
 1206  areas.
 1207         (f) Except as provided under paragraphs (e) and (t), no
 1208  limitations shall be imposed by rule, relating to the distance
 1209  between an onsite disposal system and any area that either
 1210  permanently or temporarily has visible surface water.
 1211         (g) All provisions of this section and rules adopted under
 1212  this section relating to soil condition, water table elevation,
 1213  distance, and other setback requirements must be equally applied
 1214  to all lots, with the following exceptions:
 1215         1. Any residential lot that was platted and recorded on or
 1216  after January 1, 1972, or that is part of a residential
 1217  subdivision that was approved by the appropriate permitting
 1218  agency on or after January 1, 1972, and that was eligible for an
 1219  onsite sewage treatment and disposal system construction permit
 1220  on the date of such platting and recording or approval shall be
 1221  eligible for an onsite sewage treatment and disposal system
 1222  construction permit, regardless of when the application for a
 1223  permit is made. If rules in effect at the time the permit
 1224  application is filed cannot be met, residential lots platted and
 1225  recorded or approved on or after January 1, 1972, shall, to the
 1226  maximum extent possible, comply with the rules in effect at the
 1227  time the permit application is filed. At a minimum, however,
 1228  those residential lots platted and recorded or approved on or
 1229  after January 1, 1972, but before January 1, 1983, shall comply
 1230  with those rules in effect on January 1, 1983, and those
 1231  residential lots platted and recorded or approved on or after
 1232  January 1, 1983, shall comply with those rules in effect at the
 1233  time of such platting and recording or approval. In determining
 1234  the maximum extent of compliance with current rules that is
 1235  possible, the department shall allow structures and
 1236  appurtenances thereto which were authorized at the time such
 1237  lots were platted and recorded or approved.
 1238         2. Lots platted before 1972 are subject to a 50-foot
 1239  minimum surface water setback and are not subject to lot size
 1240  requirements. The projected daily flow for onsite sewage
 1241  treatment and disposal systems for lots platted before 1972 may
 1242  not exceed:
 1243         a. Two thousand five hundred gallons per acre per day for
 1244  lots served by public water systems as defined in s. 403.852.
 1245         b. One thousand five hundred gallons per acre per day for
 1246  lots served by water systems regulated under s. 381.0062.
 1247         (h) 1. The department may grant variances in hardship cases
 1248  which may be less restrictive than the provisions specified in
 1249  this section. If a variance is granted and the onsite sewage
 1250  treatment and disposal system construction permit has been
 1251  issued, the variance may be transferred with the system
 1252  construction permit, if the transferee files, within 60 days
 1253  after the transfer of ownership, an amended construction permit
 1254  application providing all corrected information and proof of
 1255  ownership of the property and if the same variance would have
 1256  been required for the new owner of the property as was
 1257  originally granted to the original applicant for the variance.
 1258  There is no fee associated with the processing of this
 1259  supplemental information. A variance may not be granted under
 1260  this section until the department is satisfied that:
 1261         a. The hardship was not caused intentionally by the action
 1262  of the applicant;
 1263         b. No reasonable alternative, taking into consideration
 1264  factors such as cost, exists for the treatment of the sewage;
 1265  and
 1266         c. The discharge from the onsite sewage treatment and
 1267  disposal system will not adversely affect the health of the
 1268  applicant or the public or significantly degrade the groundwater
 1269  or surface waters.
 1271  Where soil conditions, water table elevation, and setback
 1272  provisions are determined by the department to be satisfactory,
 1273  special consideration must be given to those lots platted before
 1274  1972.
 1275         2. The department shall appoint and staff a variance review
 1276  and advisory committee, which shall meet monthly to recommend
 1277  agency action on variance requests. The committee shall make its
 1278  recommendations on variance requests at the meeting in which the
 1279  application is scheduled for consideration, except for an
 1280  extraordinary change in circumstances, the receipt of new
 1281  information that raises new issues, or when the applicant
 1282  requests an extension. The committee shall consider the criteria
 1283  in subparagraph 1. in its recommended agency action on variance
 1284  requests and shall also strive to allow property owners the full
 1285  use of their land where possible. The committee consists of the
 1286  following:
 1287         a. The State Surgeon General, Division Director for
 1288  Environmental Health of the department or his or her designee.
 1289         b. A representative from the county health departments.
 1290         c. A representative from the home building industry
 1291  recommended by the Florida Home Builders Association.
 1292         d. A representative from the septic tank industry
 1293  recommended by the Florida Onsite Wastewater Association.
 1294         e. A representative from the Department of Environmental
 1295  Protection.
 1296         f. A representative from the real estate industry who is
 1297  also a developer in this state who develops lots using onsite
 1298  sewage treatment and disposal systems, recommended by the
 1299  Florida Association of Realtors.
 1300         g. A representative from the engineering profession
 1301  recommended by the Florida Engineering Society.
 1303  Members shall be appointed for a term of 3 years, with such
 1304  appointments being staggered so that the terms of no more than
 1305  two members expire in any one year. Members shall serve without
 1306  remuneration, but if requested, shall be reimbursed for per diem
 1307  and travel expenses as provided in s. 112.061.
 1308         (i) A construction permit may not be issued for an onsite
 1309  sewage treatment and disposal system in any area zoned or used
 1310  for industrial or manufacturing purposes, or its equivalent,
 1311  where a publicly owned or investor-owned sewage treatment system
 1312  is available, or where a likelihood exists that the system will
 1313  receive toxic, hazardous, or industrial waste. An existing
 1314  onsite sewage treatment and disposal system may be repaired if a
 1315  publicly owned or investor-owned sewerage system is not
 1316  available within 500 feet of the building sewer stub-out and if
 1317  system construction and operation standards can be met. This
 1318  paragraph does not require publicly owned or investor-owned
 1319  sewerage treatment systems to accept anything other than
 1320  domestic wastewater.
 1321         1. A building located in an area zoned or used for
 1322  industrial or manufacturing purposes, or its equivalent, when
 1323  such building is served by an onsite sewage treatment and
 1324  disposal system, must not be occupied until the owner or tenant
 1325  has obtained written approval from the department. The
 1326  department shall not grant approval when the proposed use of the
 1327  system is to dispose of toxic, hazardous, or industrial
 1328  wastewater or toxic or hazardous chemicals.
 1329         2. Each person who owns or operates a business or facility
 1330  in an area zoned or used for industrial or manufacturing
 1331  purposes, or its equivalent, or who owns or operates a business
 1332  that has the potential to generate toxic, hazardous, or
 1333  industrial wastewater or toxic or hazardous chemicals, and uses
 1334  an onsite sewage treatment and disposal system that is installed
 1335  on or after July 5, 1989, must obtain an annual system operating
 1336  permit from the department. A person who owns or operates a
 1337  business that uses an onsite sewage treatment and disposal
 1338  system that was installed and approved before July 5, 1989, need
 1339  not obtain a system operating permit. However, upon change of
 1340  ownership or tenancy, the new owner or operator must notify the
 1341  department of the change, and the new owner or operator must
 1342  obtain an annual system operating permit, regardless of the date
 1343  that the system was installed or approved.
 1344         3. The department shall periodically review and evaluate
 1345  the continued use of onsite sewage treatment and disposal
 1346  systems in areas zoned or used for industrial or manufacturing
 1347  purposes, or its equivalent, and may require the collection and
 1348  analyses of samples from within and around such systems. If the
 1349  department finds that toxic or hazardous chemicals or toxic,
 1350  hazardous, or industrial wastewater have been or are being
 1351  disposed of through an onsite sewage treatment and disposal
 1352  system, the department shall initiate enforcement actions
 1353  against the owner or tenant to ensure adequate cleanup,
 1354  treatment, and disposal.
 1355         (j) An onsite sewage treatment and disposal system for a
 1356  single-family residence that is designed by a professional
 1357  engineer registered in the state and certified by such engineer
 1358  as complying with performance criteria adopted by the department
 1359  must be approved by the department subject to the following:
 1360         1. The performance criteria applicable to engineer-designed
 1361  systems must be limited to those necessary to ensure that such
 1362  systems do not adversely affect the public health or
 1363  significantly degrade the groundwater or surface water. Such
 1364  performance criteria shall include consideration of the quality
 1365  of system effluent, the proposed total sewage flow per acre,
 1366  wastewater treatment capabilities of the natural or replaced
 1367  soil, water quality classification of the potential surface
 1368  water-receiving body, and the structural and maintenance
 1369  viability of the system for the treatment of domestic
 1370  wastewater. However, performance criteria shall address only the
 1371  performance of a system and not a system’s design.
 1372         2. The technical review and advisory panel shall assist the
 1373  department in the development of performance criteria applicable
 1374  to engineer-designed systems.
 1375         3. A person electing to utilize an engineer-designed system
 1376  shall, upon completion of the system design, submit such design,
 1377  certified by a registered professional engineer, to the county
 1378  health department. The county health department may utilize an
 1379  outside consultant to review the engineer-designed system, with
 1380  the actual cost of such review to be borne by the applicant.
 1381  Within 5 working days after receiving an engineer-designed
 1382  system permit application, the county health department shall
 1383  request additional information if the application is not
 1384  complete. Within 15 working days after receiving a complete
 1385  application for an engineer-designed system, the county health
 1386  department either shall issue the permit or, if it determines
 1387  that the system does not comply with the performance criteria,
 1388  shall notify the applicant of that determination and refer the
 1389  application to the department for a determination as to whether
 1390  the system should be approved, disapproved, or approved with
 1391  modification. The department engineer’s determination shall
 1392  prevail over the action of the county health department. The
 1393  applicant shall be notified in writing of the department’s
 1394  determination and of the applicant’s rights to pursue a variance
 1395  or seek review under the provisions of chapter 120.
 1396         4. The owner of an engineer-designed performance-based
 1397  system must maintain a current maintenance service agreement
 1398  with a maintenance entity permitted by the department. The
 1399  maintenance entity shall obtain a biennial system operating
 1400  permit from the department for each system under service
 1401  contract. The department shall inspect the system at least
 1402  annually, or on such periodic basis as the fee collected
 1403  permits, and may collect system-effluent samples if appropriate
 1404  to determine compliance with the performance criteria. The fee
 1405  for the biennial operating permit shall be collected beginning
 1406  with the second year of system operation. The maintenance entity
 1407  shall inspect each system at least twice each year and shall
 1408  report quarterly to the department on the number of systems
 1409  inspected and serviced.
 1410         5. If an engineer-designed system fails to properly
 1411  function or fails to meet performance standards, the system
 1412  shall be re-engineered, if necessary, to bring the system into
 1413  compliance with the provisions of this section.
 1414         (k) An innovative system may be approved in conjunction
 1415  with an engineer-designed site-specific system which is
 1416  certified by the engineer to meet the performance-based criteria
 1417  adopted by the department.
 1418         (l) For the Florida Keys, the department shall adopt a
 1419  special rule for the construction, installation, modification,
 1420  operation, repair, maintenance, and performance of onsite sewage
 1421  treatment and disposal systems which considers the unique soil
 1422  conditions and water table elevations, densities, and setback
 1423  requirements. On lots where a setback distance of 75 feet from
 1424  surface waters, saltmarsh, and buttonwood association habitat
 1425  areas cannot be met, an injection well, approved and permitted
 1426  by the department, may be used for disposal of effluent from
 1427  onsite sewage treatment and disposal systems. The following
 1428  additional requirements apply to onsite sewage treatment and
 1429  disposal systems in Monroe County:
 1430         1. The county, each municipality, and those special
 1431  districts established for the purpose of the collection,
 1432  transmission, treatment, or disposal of sewage shall ensure, in
 1433  accordance with the specific schedules adopted by the
 1434  Administration Commission under s. 380.0552, the completion of
 1435  onsite sewage treatment and disposal system upgrades to meet the
 1436  requirements of this paragraph.
 1437         2. Onsite sewage treatment and disposal systems must cease
 1438  discharge by December 31, 2015, or must comply with department
 1439  rules and provide the level of treatment which, on a permitted
 1440  annual average basis, produces an effluent that contains no more
 1441  than the following concentrations:
 1442         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 1443         b. Suspended Solids of 10 mg/l.
 1444         c. Total Nitrogen, expressed as N, of 10 mg/l.
 1445         d. Total Phosphorus, expressed as P, of 1 mg/l.
 1447  In addition, onsite sewage treatment and disposal systems
 1448  discharging to an injection well must provide basic disinfection
 1449  as defined by department rule.
 1450         3. On or after July 1, 2010, all new, modified, and
 1451  repaired onsite sewage treatment and disposal systems must
 1452  provide the level of treatment described in subparagraph 2.
 1453  However, in areas scheduled to be served by central sewer by
 1454  December 31, 2015, if the property owner has paid a connection
 1455  fee or assessment for connection to the central sewer system, an
 1456  onsite sewage treatment and disposal system may be repaired to
 1457  the following minimum standards:
 1458         a. The existing tanks must be pumped and inspected and
 1459  certified as being watertight and free of defects in accordance
 1460  with department rule; and
 1461         b. A sand-lined drainfield or injection well in accordance
 1462  with department rule must be installed.
 1463         4. Onsite sewage treatment and disposal systems must be
 1464  monitored for total nitrogen and total phosphorus concentrations
 1465  as required by department rule.
 1466         5. The department shall enforce proper installation,
 1467  operation, and maintenance of onsite sewage treatment and
 1468  disposal systems pursuant to this chapter, including ensuring
 1469  that the appropriate level of treatment described in
 1470  subparagraph 2. is met.
 1471         6. The authority of a local government, including a special
 1472  district, to mandate connection of an onsite sewage treatment
 1473  and disposal system is governed by s. 4, chapter 99-395, Laws of
 1474  Florida.
 1475         (m) No product sold in the state for use in onsite sewage
 1476  treatment and disposal systems may contain any substance in
 1477  concentrations or amounts that would interfere with or prevent
 1478  the successful operation of such system, or that would cause
 1479  discharges from such systems to violate applicable water quality
 1480  standards. The department shall publish criteria for products
 1481  known or expected to meet the conditions of this paragraph. In
 1482  the event a product does not meet such criteria, such product
 1483  may be sold if the manufacturer satisfactorily demonstrates to
 1484  the department that the conditions of this paragraph are met.
 1485         (n) Evaluations for determining the seasonal high-water
 1486  table elevations or the suitability of soils for the use of a
 1487  new onsite sewage treatment and disposal system shall be
 1488  performed by department personnel, professional engineers
 1489  registered in the state, or such other persons with expertise,
 1490  as defined by rule, in making such evaluations. Evaluations for
 1491  determining mean annual flood lines shall be performed by those
 1492  persons identified in paragraph (2)(j) (2)(i). The department
 1493  shall accept evaluations submitted by professional engineers and
 1494  such other persons as meet the expertise established by this
 1495  section or by rule unless the department has a reasonable
 1496  scientific basis for questioning the accuracy or completeness of
 1497  the evaluation.
 1498         (o) The department shall appoint a research review and
 1499  advisory committee, which shall meet at least semiannually. The
 1500  committee shall advise the department on directions for new
 1501  research, review and rank proposals for research contracts, and
 1502  review draft research reports and make comments. The committee
 1503  is comprised of:
 1504         1. A representative of the State Surgeon General, or his or
 1505  her designee Division of Environmental Health of the Department
 1506  of Health.
 1507         2. A representative from the septic tank industry.
 1508         3. A representative from the home building industry.
 1509         4. A representative from an environmental interest group.
 1510         5. A representative from the State University System, from
 1511  a department knowledgeable about onsite sewage treatment and
 1512  disposal systems.
 1513         6. A professional engineer registered in this state who has
 1514  work experience in onsite sewage treatment and disposal systems.
 1515         7. A representative from local government who is
 1516  knowledgeable about domestic wastewater treatment.
 1517         8. A representative from the real estate profession.
 1518         9. A representative from the restaurant industry.
 1519         10. A consumer.
 1521  Members shall be appointed for a term of 3 years, with the
 1522  appointments being staggered so that the terms of no more than
 1523  four members expire in any one year. Members shall serve without
 1524  remuneration, but are entitled to reimbursement for per diem and
 1525  travel expenses as provided in s. 112.061.
 1526         (p) An application for an onsite sewage treatment and
 1527  disposal system permit shall be completed in full, signed by the
 1528  owner or the owner’s authorized representative, or by a
 1529  contractor licensed under chapter 489, and shall be accompanied
 1530  by all required exhibits and fees. No specific documentation of
 1531  property ownership shall be required as a prerequisite to the
 1532  review of an application or the issuance of a permit. The
 1533  issuance of a permit does not constitute determination by the
 1534  department of property ownership.
 1535         (q) The department may not require any form of subdivision
 1536  analysis of property by an owner, developer, or subdivider prior
 1537  to submission of an application for an onsite sewage treatment
 1538  and disposal system.
 1539         (r) Nothing in this section limits the power of a
 1540  municipality or county to enforce other laws for the protection
 1541  of the public health and safety.
 1542         (s) In the siting of onsite sewage treatment and disposal
 1543  systems, including drainfields, shoulders, and slopes, guttering
 1544  shall not be required on single-family residential dwelling
 1545  units for systems located greater than 5 feet from the roof drip
 1546  line of the house. If guttering is used on residential dwelling
 1547  units, the downspouts shall be directed away from the
 1548  drainfield.
 1549         (t) Notwithstanding the provisions of subparagraph (g)1.,
 1550  onsite sewage treatment and disposal systems located in
 1551  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1552  following requirements:
 1553         1. The absorption surface of the drainfield shall not be
 1554  subject to flooding based on 10-year flood elevations. Provided,
 1555  however, for lots or parcels created by the subdivision of land
 1556  in accordance with applicable local government regulations prior
 1557  to January 17, 1990, if an applicant cannot construct a
 1558  drainfield system with the absorption surface of the drainfield
 1559  at an elevation equal to or above 10-year flood elevation, the
 1560  department shall issue a permit for an onsite sewage treatment
 1561  and disposal system within the 10-year floodplain of rivers,
 1562  streams, and other bodies of flowing water if all of the
 1563  following criteria are met:
 1564         a. The lot is at least one-half acre in size;
 1565         b. The bottom of the drainfield is at least 36 inches above
 1566  the 2-year flood elevation; and
 1567         c. The applicant installs either: a waterless,
 1568  incinerating, or organic waste composting toilet and a graywater
 1569  system and drainfield in accordance with department rules; an
 1570  aerobic treatment unit and drainfield in accordance with
 1571  department rules; a system approved by the State Health Office
 1572  that is capable of reducing effluent nitrate by at least 50
 1573  percent; or a system approved by the county health department
 1574  pursuant to department rule other than a system using
 1575  alternative drainfield materials. The United States Department
 1576  of Agriculture Soil Conservation Service soil maps, State of
 1577  Florida Water Management District data, and Federal Emergency
 1578  Management Agency Flood Insurance maps are resources that shall
 1579  be used to identify flood-prone areas.
 1580         2. The use of fill or mounding to elevate a drainfield
 1581  system out of the 10-year floodplain of rivers, streams, or
 1582  other bodies of flowing water shall not be permitted if such a
 1583  system lies within a regulatory floodway of the Suwannee and
 1584  Aucilla Rivers. In cases where the 10-year flood elevation does
 1585  not coincide with the boundaries of the regulatory floodway, the
 1586  regulatory floodway will be considered for the purposes of this
 1587  subsection to extend at a minimum to the 10-year flood
 1588  elevation.
 1589         (u) The owner of an aerobic treatment unit system shall
 1590  maintain a current maintenance service agreement with an aerobic
 1591  treatment unit maintenance entity permitted by the department.
 1592  The maintenance entity shall obtain a system operating permit
 1593  from the department for each aerobic treatment unit under
 1594  service contract. The maintenance entity shall inspect each
 1595  aerobic treatment unit system at least twice each year and shall
 1596  report quarterly to the department on the number of aerobic
 1597  treatment unit systems inspected and serviced. The owner shall
 1598  allow the department to inspect during reasonable hours each
 1599  aerobic treatment unit system at least annually, and such
 1600  inspection may include collection and analysis of system
 1601  effluent samples for performance criteria established by rule of
 1602  the department.
 1603         (v) The department may require the submission of detailed
 1604  system construction plans that are prepared by a professional
 1605  engineer registered in this state. The department shall
 1606  establish by rule criteria for determining when such a
 1607  submission is required.
 1608         Section 34. Section 381.0068, Florida Statutes, is amended
 1609  to read:
 1610         381.0068 Technical review and advisory panel.—
 1611         (1) The Department of Health shall, by July 1, 1996,
 1612  establish and staff a technical review and advisory panel to
 1613  assist the department with rule adoption.
 1614         (2) The primary purpose of the panel is to assist the
 1615  department in rulemaking and decisionmaking by drawing on the
 1616  expertise of representatives from several groups that are
 1617  affected by onsite sewage treatment and disposal systems. The
 1618  panel may also review and comment on any legislation or any
 1619  existing or proposed state policy or issue related to onsite
 1620  sewage treatment and disposal systems. If requested by the
 1621  panel, the chair will advise any affected person or member of
 1622  the Legislature of the panel’s position on the legislation or
 1623  any existing or proposed state policy or issue. The chair may
 1624  also take such other action as is appropriate to allow the panel
 1625  to function. At a minimum, the panel shall consist of a soil
 1626  scientist; a professional engineer registered in this state who
 1627  is recommended by the Florida Engineering Society and who has
 1628  work experience in onsite sewage treatment and disposal systems;
 1629  two representatives from the home-building industry recommended
 1630  by the Florida Home Builders Association, including one who is a
 1631  developer in this state who develops lots using onsite sewage
 1632  treatment and disposal systems; a representative from the county
 1633  health departments who has experience permitting and inspecting
 1634  the installation of onsite sewage treatment and disposal systems
 1635  in this state; a representative from the real estate industry
 1636  who is recommended by the Florida Association of Realtors; a
 1637  consumer representative with a science background; two
 1638  representatives of the septic tank industry recommended by the
 1639  Florida Onsite Wastewater Association, including one who is a
 1640  manufacturer of onsite sewage treatment and disposal systems; a
 1641  representative from local government who is knowledgeable about
 1642  domestic wastewater treatment and who is recommended by the
 1643  Florida Association of Counties and the Florida League of
 1644  Cities; and a representative from the environmental health
 1645  profession who is recommended by the Florida Environmental
 1646  Health Association and who is not employed by a county health
 1647  department. Members are to be appointed for a term of 2 years.
 1648  The panel may also, as needed, be expanded to include ad hoc,
 1649  nonvoting representatives who have topic-specific expertise. All
 1650  rules proposed by the department which relate to onsite sewage
 1651  treatment and disposal systems must be presented to the panel
 1652  for review and comment prior to adoption. The panel’s position
 1653  on proposed rules shall be made a part of the rulemaking record
 1654  that is maintained by the agency. The panel shall select a
 1655  chair, who shall serve for a period of 1 year and who shall
 1656  direct, coordinate, and execute the duties of the panel. The
 1657  panel shall also solicit input from the department’s variance
 1658  review and advisory committee before submitting any comments to
 1659  the department concerning proposed rules. The panel’s comments
 1660  must include any dissenting points of view concerning proposed
 1661  rules. The panel shall hold meetings as it determines necessary
 1662  to conduct its business, except that the chair, a quorum of the
 1663  voting members of the panel, or the department may call
 1664  meetings. The department shall keep minutes of all meetings of
 1665  the panel. Panel members shall serve without remuneration, but,
 1666  if requested, shall be reimbursed for per diem and travel
 1667  expenses as provided in s. 112.061.
 1668         Section 35. Subsection (1) of section 381.0072, Florida
 1669  Statutes, is amended to read:
 1670         381.0072 Food service protection.—It shall be the duty of
 1671  the Department of Health to adopt and enforce sanitation rules
 1672  consistent with law to ensure the protection of the public from
 1673  food-borne illness. These rules shall provide the standards and
 1674  requirements for the storage, preparation, serving, or display
 1675  of food in food service establishments as defined in this
 1676  section and which are not permitted or licensed under chapter
 1677  500 or chapter 509.
 1678         (1) DEFINITIONS.—As used in this section, the term:
 1679         (a) “Department” means the Department of Health or its
 1680  representative county health department.
 1681         (b) “Food service establishment” means detention
 1682  facilities, public or private schools, migrant labor camps,
 1683  assisted living facilities, facilities participating in the
 1684  United States Department of Agriculture Afterschool Meal Program
 1685  that are located at a facility or site that is not inspected by
 1686  another state agency for compliance with sanitation standards,
 1687  adult family-care homes, adult day care centers, short-term
 1688  residential treatment centers, residential treatment facilities,
 1689  homes for special services, transitional living facilities,
 1690  crisis stabilization units, hospices, prescribed pediatric
 1691  extended care centers, intermediate care facilities for persons
 1692  with developmental disabilities, boarding schools, civic or
 1693  fraternal organizations, bars and lounges, vending machines that
 1694  dispense potentially hazardous foods at facilities expressly
 1695  named in this paragraph, and facilities used as temporary food
 1696  events or mobile food units at any facility expressly named in
 1697  this paragraph, where food is prepared and intended for
 1698  individual portion service, including the site at which
 1699  individual portions are provided, regardless of whether
 1700  consumption is on or off the premises and regardless of whether
 1701  there is a charge for the food. The term does not include any
 1702  entity not expressly named in this paragraph; nor does the term
 1703  include a domestic violence center certified and monitored by
 1704  the Department of Children and Family Services under part XII of
 1705  chapter 39 if the center does not prepare and serve food to its
 1706  residents and does not advertise food or drink for public
 1707  consumption.
 1708         (c) “Operator” means the owner, operator, keeper,
 1709  proprietor, lessee, manager, assistant manager, agent, or
 1710  employee of a food service establishment.
 1711         Section 36. Section 381.00781, Florida Statutes, is amended
 1712  to read:
 1713         381.00781 Fees; disposition.—
 1714         (1) The department shall establish by rule the following
 1715  fees:
 1716         (1)(a)Fee For the initial licensure of a tattoo
 1717  establishment and the renewal of such license, a fee which,
 1718  except as provided in subsection (2), may not to exceed $250 per
 1719  year.
 1720         (2)(b)Fee For licensure of a temporary establishment, a
 1721  fee which, except as provided in subsection (2), may not to
 1722  exceed $250.
 1723         (3)(c)Fee For the initial licensure of a tattoo artist and
 1724  the renewal of such license, a fee which, except as provided in
 1725  subsection (2), may not to exceed $150 per year.
 1726         (3)(d)Fee For registration or reregistration of a guest
 1727  tattoo artist, a fee which, except as provided in subsection
 1728  (2), may not to exceed $45.
 1729         (4)(e)Fee For reactivation of an inactive tattoo
 1730  establishment license or tattoo artist license. A license
 1731  becomes inactive if it is not renewed before the expiration of
 1732  the current license.
 1733         (2) The department may annually adjust the maximum fees
 1734  authorized under subsection (1) according to the rate of
 1735  inflation or deflation indicated by the Consumer Price Index for
 1736  All Urban Consumers, U.S. City Average, All Items, as reported
 1737  by the United States Department of Labor.
 1738         Section 37. Subsections (1) and (4) of section 381.0086,
 1739  Florida Statutes, are amended to read:
 1740         381.0086 Rules; variances; penalties.—
 1741         (1) The department shall adopt rules necessary to protect
 1742  the health and safety of migrant farmworkers and other migrant
 1743  labor camp or residential migrant housing occupants, including
 1744  rules governing field sanitation facilities. These rules must
 1745  include definitions of terms, a process for provisions relating
 1746  to plan review of the construction of new, expanded, or
 1747  remodeled camps or residential migrant housing, sites, buildings
 1748  and structures; and standards for, personal hygiene facilities,
 1749  lighting, sewage disposal, safety, minimum living space per
 1750  occupant, bedding, food equipment, food storage and preparation,
 1751  insect and rodent control, garbage, heating equipment, water
 1752  supply, maintenance and operation of the camp, housing, or
 1753  roads, and such other matters as the department finds to be
 1754  appropriate or necessary to protect the life and health of the
 1755  occupants. Housing operated by a public housing authority is
 1756  exempt from the provisions of any administrative rule that
 1757  conflicts with or is more stringent than the federal standards
 1758  applicable to the housing.
 1759         (4) A person who violates any provision of ss. 381.008
 1760  381.00895 or rules adopted under such sections is subject either
 1761  to the penalties provided in ss. 381.0012, 381.0025, and
 1762  381.0061 or to the penalties provided in s. 381.0087.
 1763         Section 38. Subsections (1) and (7) of section 381.0098,
 1764  Florida Statutes, are amended to read:
 1765         381.0098 Biomedical waste.—
 1766         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1767  to protect the public health by establishing standards for the
 1768  safe packaging, transport, storage, treatment, and disposal of
 1769  biomedical waste. Except as otherwise provided herein, the
 1770  Department of Health shall regulate the packaging, transport,
 1771  storage, and treatment of biomedical waste. The Department of
 1772  Environmental Protection shall regulate onsite and offsite
 1773  incineration and disposal of biomedical waste. Consistent with
 1774  the foregoing, the Department of Health shall have the exclusive
 1775  authority to establish treatment efficacy standards for
 1776  biomedical waste and the Department of Environmental Protection
 1777  shall have the exclusive authority to establish statewide
 1778  standards relating to environmental impacts, if any, of
 1779  treatment and disposal including, but not limited to, water
 1780  discharges and air emissions. An interagency agreement between
 1781  the Department of Environmental Protection and the Department of
 1782  Health shall be developed to ensure maximum efficiency in
 1783  coordinating, administering, and regulating biomedical wastes.
 1784         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1785  violation of this section or rules adopted under this section is
 1786  subject to penalties provided in ss. 381.0012, 381.0025, and
 1787  381.0061. However, an administrative fine not to exceed $2,500
 1788  may be imposed for each day such person or public body is in
 1789  violation of this section. The department may deny, suspend, or
 1790  revoke any biomedical waste permit or registration if the
 1791  permittee violates this section, any rule adopted under this
 1792  section, or any lawful order of the department.
 1793         Section 39. Subsections (2) through (8) of section
 1794  381.0101, Florida Statutes, are renumbered as subsection (1)
 1795  through (7), respectively, and present subsections (1), (3), and
 1796  (4) and paragraph (a) of present subsection (5) of that section
 1797  are amended to read:
 1798         381.0101 Environmental health professionals.—
 1799         (1) LEGISLATIVE INTENT.—Persons responsible for providing
 1800  technical and scientific evaluations of environmental health and
 1801  sanitary conditions in business establishments and communities
 1802  throughout the state may create a danger to the public health if
 1803  they are not skilled or competent to perform such evaluations.
 1804  The public relies on the judgment of environmental health
 1805  professionals employed by both government agencies and
 1806  industries to assure them that environmental hazards are
 1807  identified and removed before they endanger the health or safety
 1808  of the public. The purpose of this section is to assure the
 1809  public that persons specifically responsible for performing
 1810  environmental health and sanitary evaluations have been
 1811  certified by examination as competent to perform such work.
 1812         (2)(3) CERTIFICATION REQUIRED.—A No person may not shall
 1813  perform environmental health or sanitary evaluations in any
 1814  primary program area of environmental health without being
 1815  certified by the department as competent to perform such
 1816  evaluations. This section does not apply to:
 1817         (a) Persons performing inspections of public food service
 1818  establishments licensed under chapter 509; or
 1819         (b) Persons performing site evaluations in order to
 1820  determine proper placement and installation of onsite wastewater
 1821  treatment and disposal systems who have successfully completed a
 1822  department-approved soils morphology course and who are working
 1823  under the direct responsible charge of an engineer licensed
 1824  under chapter 471.
 1826  The State Health Officer shall appoint an advisory board to
 1827  assist the department in the promulgation of rules for
 1828  certification, testing, establishing standards, and seeking
 1829  enforcement actions against certified professionals.
 1830         (a) The board shall be comprised of the State Surgeon
 1831  General Division Director for Environmental Health or his or her
 1832  designee, one individual who will be certified under this
 1833  section, one individual not employed in a governmental capacity
 1834  who will or does employ a certified environmental health
 1835  professional, one individual whose business is or will be
 1836  evaluated by a certified environmental health professional, a
 1837  citizen of the state who neither employs nor is routinely
 1838  evaluated by a person certified under this section.
 1839         (b) The board shall advise the department as to the minimum
 1840  disciplinary guidelines and standards of competency and
 1841  proficiency necessary to obtain certification in a primary area
 1842  of environmental health practice.
 1843         1. The board shall recommend primary areas of environmental
 1844  health practice in which environmental health professionals
 1845  should be required to obtain certification.
 1846         2. The board shall recommend minimum standards of practice
 1847  which the department shall incorporate into rule.
 1848         3. The board shall evaluate and recommend to the department
 1849  existing registrations and certifications which meet or exceed
 1850  minimum department standards and should, therefore, exempt
 1851  holders of such certificates or registrations from compliance
 1852  with this section.
 1853         4. The board shall hear appeals of certificate denials,
 1854  revocation, or suspension and shall advise the department as to
 1855  the disposition of such an appeal.
 1856         5. The board shall meet as often as necessary, but no less
 1857  than semiannually, handle appeals to the department, and conduct
 1858  other duties of the board.
 1859         6. Members of the board shall receive no compensation but
 1860  are entitled to reimbursement for per diem and travel expenses
 1861  in accordance with s. 112.061.
 1862         (4)(5) STANDARDS FOR CERTIFICATION.—The department shall
 1863  adopt rules that establish definitions of terms and minimum
 1864  standards of education, training, or experience for those
 1865  persons subject to this section. The rules must also address the
 1866  process for application, examination, issuance, expiration, and
 1867  renewal of certification and ethical standards of practice for
 1868  the profession.
 1869         (a) Persons employed as environmental health professionals
 1870  shall exhibit a knowledge of rules and principles of
 1871  environmental and public health law in Florida through
 1872  examination. A person may not conduct environmental health
 1873  evaluations in a primary program area unless he or she is
 1874  currently certified in that program area or works under the
 1875  direct supervision of a certified environmental health
 1876  professional.
 1877         1. All persons who begin employment in a primary
 1878  environmental health program on or after September 21, 1994,
 1879  must be certified in that program within 6 months after
 1880  employment.
 1881         2. Persons employed in the primary environmental health
 1882  program of a food protection program or an onsite sewage
 1883  treatment and disposal system prior to September 21, 1994, shall
 1884  be considered certified while employed in that position and
 1885  shall be required to adhere to any professional standards
 1886  established by the department pursuant to paragraph (b),
 1887  complete any continuing education requirements imposed under
 1888  paragraph (d), and pay the certificate renewal fee imposed under
 1889  subsection (6) (7).
 1890         3. Persons employed in the primary environmental health
 1891  program of a food protection program or an onsite sewage
 1892  treatment and disposal system prior to September 21, 1994, who
 1893  change positions or program areas and transfer into another
 1894  primary environmental health program area on or after September
 1895  21, 1994, must be certified in that program within 6 months
 1896  after such transfer, except that they will not be required to
 1897  possess the college degree required under paragraph (e).
 1898         4. Registered sanitarians shall be considered certified and
 1899  shall be required to adhere to any professional standards
 1900  established by the department pursuant to paragraph (b).
 1901         Section 40. Section 381.0203, Florida Statutes, is amended
 1902  to read:
 1903         381.0203 Pharmacy services.—
 1904         (1) The department may contract on a statewide basis for
 1905  the purchase of drugs, as defined in s. 499.003, to be used by
 1906  state agencies and political subdivisions, and may adopt rules
 1907  to administer this section.
 1908         (2) The department shall establish and maintain a pharmacy
 1909  services program, including, but not limited to:
 1910         (a) A central pharmacy to support pharmaceutical services
 1911  provided by the county health departments, including
 1912  pharmaceutical repackaging, dispensing, and the purchase and
 1913  distribution of immunizations and other pharmaceuticals.
 1914         (b) Regulation of drugs, cosmetics, and household products
 1915  pursuant to chapter 499.
 1916         (b)(c) Consultation to county health departments as
 1917  required by s. 154.04(1)(c).
 1918         (d) A contraception distribution program which shall be
 1919  implemented, to the extent resources permit, through the
 1920  licensed pharmacies of county health departments. A woman who is
 1921  eligible for participation in the contraceptive distribution
 1922  program is deemed a patient of the county health department.
 1923         1. To be eligible for participation in the program a woman
 1924  must:
 1925         a. Be a client of the department or the Department of
 1926  Children and Family Services.
 1927         b. Be of childbearing age with undesired fertility.
 1928         c. Have an income between 150 and 200 percent of the
 1929  federal poverty level.
 1930         d. Have no Medicaid benefits or applicable health insurance
 1931  benefits.
 1932         e. Have had a medical examination by a licensed health care
 1933  provider within the past 6 months.
 1934         f. Have a valid prescription for contraceptives that are
 1935  available through the contraceptive distribution program.
 1936         g. Consent to the release of necessary medical information
 1937  to the county health department.
 1938         2. Fees charged for the contraceptives under the program
 1939  must cover the cost of purchasing and providing contraceptives
 1940  to women participating in the program.
 1941         3. The department may adopt rules to administer this
 1942  program.
 1943         Section 41. Subsection (1) of section 381.0261, Florida
 1944  Statutes, is amended to read:
 1945         381.0261 Summary of patient’s bill of rights; distribution;
 1946  penalty.—
 1947         (1) The Department of Health shall publish on its Internet
 1948  website Agency for Health Care Administration shall have printed
 1949  and made continuously available to health care facilities
 1950  licensed under chapter 395, physicians licensed under chapter
 1951  458, osteopathic physicians licensed under chapter 459, and
 1952  podiatric physicians licensed under chapter 461 a summary of the
 1953  Florida Patient’s Bill of Rights and Responsibilities. In
 1954  adopting and making available to patients the summary of the
 1955  Florida Patient’s Bill of Rights and Responsibilities, health
 1956  care providers and health care facilities are not limited to the
 1957  format in which the department publishes Agency for Health Care
 1958  Administration prints and distributes the summary.
 1959         Section 42. Section 381.0301, Florida Statutes, is
 1960  repealed.
 1961         Section 43. Section 381.0302, Florida Statutes, is
 1962  repealed.
 1963         Section 44. Subsection (5) of section 381.0303, Florida
 1964  Statutes, is amended to read:
 1965         381.0303 Special needs shelters.—
 1967  Surgeon General may establish a special needs shelter
 1968  interagency committee and serve as, or appoint a designee to
 1969  serve as, the committee’s chair. The department shall provide
 1970  any necessary staff and resources to support the committee in
 1971  the performance of its duties. The committee shall address and
 1972  resolve problems related to special needs shelters not addressed
 1973  in the state comprehensive emergency medical plan and shall
 1974  consult on the planning and operation of special needs shelters.
 1975         (a) The committee shall:
 1976         1. develop, negotiate, and regularly review any necessary
 1977  interagency agreements, and.
 1978         2. undertake other such activities as the department deems
 1979  necessary to facilitate the implementation of this section.
 1980         3. Submit recommendations to the Legislature as necessary.
 1981         (b) The special needs shelter interagency committee shall
 1982  be composed of representatives of emergency management, health,
 1983  medical, and social services organizations. Membership shall
 1984  include, but shall not be limited to, representatives of the
 1985  Departments of Health, Children and Family Services, Elderly
 1986  Affairs, and Education; the Agency for Health Care
 1987  Administration; the Division of Emergency Management; the
 1988  Florida Medical Association; the Florida Osteopathic Medical
 1989  Association; Associated Home Health Industries of Florida, Inc.;
 1990  the Florida Nurses Association; the Florida Health Care
 1991  Association; the Florida Assisted Living Affiliation; the
 1992  Florida Hospital Association; the Florida Statutory Teaching
 1993  Hospital Council; the Florida Association of Homes for the
 1994  Aging; the Florida Emergency Preparedness Association; the
 1995  American Red Cross; Florida Hospices and Palliative Care, Inc.;
 1996  the Association of Community Hospitals and Health Systems; the
 1997  Florida Association of Health Maintenance Organizations; the
 1998  Florida League of Health Systems; the Private Care Association;
 1999  the Salvation Army; the Florida Association of Aging Services
 2000  Providers; the AARP; and the Florida Renal Coalition.
 2001         (c) Meetings of the committee shall be held in Tallahassee,
 2002  and members of the committee shall serve at the expense of the
 2003  agencies or organizations they represent. The committee shall
 2004  make every effort to use teleconference or videoconference
 2005  capabilities in order to ensure statewide input and
 2006  participation.
 2007         Section 45. Section 381.04015, Florida Statutes, is
 2008  repealed.
 2009         Section 46. Subsections (2), (3), and (4) of section
 2010  381.0403, Florida Statutes, are amended to read:
 2011         381.0403 The Community Hospital Education Act.—
 2013         (a) It is the intent of the Legislature that health care
 2014  services for the citizens of this state be upgraded and that a
 2015  program for continuing these services be maintained through a
 2016  plan for community medical education. The A program is intended
 2017  established to plan for community medical education, provide
 2018  additional outpatient and inpatient services, increase the a
 2019  continuing supply of highly trained physicians, and expand
 2020  graduate medical education.
 2021         (b) The Legislature further acknowledges the critical need
 2022  for increased numbers of primary care physicians to provide the
 2023  necessary current and projected health and medical services. In
 2024  order to meet both present and anticipated needs, the
 2025  Legislature supports an expansion in the number of family
 2026  practice residency positions. The Legislature intends that the
 2027  funding for graduate education in family practice be maintained
 2028  and that funding for all primary care specialties be provided at
 2029  a minimum of $10,000 per resident per year. Should funding for
 2030  this act remain constant or be reduced, it is intended that all
 2031  programs funded by this act be maintained or reduced
 2032  proportionately.
 2035         (a) There is established under the Department of Health a
 2036  program for statewide graduate medical education. It is intended
 2037  that continuing graduate medical education programs for interns
 2038  and residents be established on a statewide basis. The program
 2039  shall provide financial support for primary care specialty
 2040  interns and residents based on recommendations of policies
 2041  recommended and approved by the Community Hospital Education
 2042  Council, herein established, and the Department of Health, as
 2043  authorized by the General Appropriations Act. Only those
 2044  programs with at least three residents or interns in each year
 2045  of the training program are qualified to apply for financial
 2046  support. Programs with fewer than three residents or interns per
 2047  training year are qualified to apply for financial support, but
 2048  only if the appropriate accrediting entity for the particular
 2049  specialty has approved the program for fewer positions. New
 2050  programs added after fiscal year 1997-1998 shall have 5 years to
 2051  attain the requisite number of residents or interns. When
 2052  feasible and to the extent allowed through the General
 2053  Appropriations Act, state funds shall be used to generate
 2054  federal matching funds under Medicaid, or other federal
 2055  programs, and the resulting combined state and federal funds
 2056  shall be allocated to participating hospitals for the support of
 2057  graduate medical education.
 2058         (b) For the purposes of this section, primary care
 2059  specialties include emergency medicine, family practice,
 2060  internal medicine, pediatrics, psychiatry,
 2061  obstetrics/gynecology, and combined pediatrics and internal
 2062  medicine, and other primary care specialties as may be included
 2063  by the council and Department of Health.
 2064         (c) Medical institutions throughout the state may apply to
 2065  the Community Hospital Education Council for grants-in-aid for
 2066  financial support of their approved programs. Recommendations
 2067  for funding of approved programs shall be forwarded to the
 2068  Department of Health.
 2069         (d) The program shall provide a plan for community clinical
 2070  teaching and training with the cooperation of the medical
 2071  profession, hospitals, and clinics. The plan shall also include
 2072  formal teaching opportunities for intern and resident training.
 2073  In addition, the plan shall establish an off-campus medical
 2074  faculty with university faculty review to be located throughout
 2075  the state in local communities.
 2077         (a) There is established under the Department of Health a
 2078  program for fostering graduate medical education innovations.
 2079  Funds appropriated annually by the Legislature for this purpose
 2080  shall be distributed to participating hospitals or consortia of
 2081  participating hospitals and Florida medical schools or to a
 2082  Florida medical school for the direct costs of providing
 2083  graduate medical education in community-based clinical settings
 2084  on a competitive grant or formula basis to achieve state health
 2085  care workforce policy objectives, including, but not limited to:
 2086         1. Increasing the number of residents in primary care and
 2087  other high demand specialties or fellowships;
 2088         2. Enhancing retention of primary care physicians in
 2089  Florida practice;
 2090         3. Promoting practice in medically underserved areas of the
 2091  state;
 2092         4. Encouraging racial and ethnic diversity within the
 2093  state’s physician workforce; and
 2094         5. Encouraging increased production of geriatricians.
 2095         (b) Participating hospitals or consortia of participating
 2096  hospitals and Florida medical schools or a Florida medical
 2097  school providing graduate medical education in community-based
 2098  clinical settings may apply to the Community Hospital Education
 2099  Council for funding under this innovations program, except when
 2100  such innovations directly compete with services or programs
 2101  provided by participating hospitals or consortia of
 2102  participating hospitals, or by both hospitals and consortia.
 2103  Innovations program funding shall be allocated provide funding
 2104  based on recommendations of policies recommended and approved by
 2105  the Community Hospital Education Council and the Department of
 2106  Health, as authorized by the General Appropriations Act.
 2107         (c) Participating hospitals or consortia of participating
 2108  hospitals and Florida medical schools or Florida medical schools
 2109  awarded an innovations grant shall provide the Community
 2110  Hospital Education Council and Department of Health with an
 2111  annual report on their project.
 2112         Section 47. Subsection (7) of section 381.0405, Florida
 2113  Statutes, is amended to read:
 2114         381.0405 Office of Rural Health.—
 2115         (7) APPROPRIATION.—The Legislature shall appropriate such
 2116  sums as are necessary to support the Office of Rural Health.
 2117         Section 48. Subsection (3) of section 381.0406, Florida
 2118  Statutes, is amended to read:
 2119         381.0406 Rural health networks.—
 2120         (3) Because each rural area is unique, with a different
 2121  health care provider mix, Health care provider membership may
 2122  vary, but all networks shall include members that provide public
 2123  health, comprehensive primary care, emergency medical care, and
 2124  acute inpatient care.
 2125         Section 49. Effective October 1, 2014, section 381.0407,
 2126  Florida Statutes, is repealed.
 2127         Section 50. Section 381.045, Florida Statutes, is repealed.
 2128         Section 51. Subsection (7) of section 381.06015, Florida
 2129  Statutes, is amended to read:
 2130         381.06015 Public Cord Blood Tissue Bank.—
 2131         (7) In order to fund the provisions of this section the
 2132  consortium participants, the Agency for Health Care
 2133  Administration, and the Department of Health shall seek private
 2134  or federal funds to initiate program actions for fiscal year
 2135  2000-2001.
 2136         Section 52. Section 381.0605, Florida Statutes, is
 2137  repealed.
 2138         Section 53. Sections 381.1001, 381.1015, 381.102, and
 2139  381.103, Florida Statutes, are repealed.
 2140         Section 54. Subsections (3) through (5) of section
 2141  381.4018, Florida Statutes, are renumbered as subsections (2)
 2142  through (4), respectively, and present subsection (2) and
 2143  paragraph (f) of present subsection (4) of that section are
 2144  amended to read:
 2145         381.4018 Physician workforce assessment and development.—
 2146         (2) LEGISLATIVE INTENT.—The Legislature recognizes that
 2147  physician workforce planning is an essential component of
 2148  ensuring that there is an adequate and appropriate supply of
 2149  well-trained physicians to meet this state’s future health care
 2150  service needs as the general population and elderly population
 2151  of the state increase. The Legislature finds that items to
 2152  consider relative to assessing the physician workforce may
 2153  include physician practice status; specialty mix; geographic
 2154  distribution; demographic information, including, but not
 2155  limited to, age, gender, race, and cultural considerations; and
 2156  needs of current or projected medically underserved areas in the
 2157  state. Long-term strategic planning is essential as the period
 2158  from the time a medical student enters medical school to
 2159  completion of graduate medical education may range from 7 to 10
 2160  years or longer. The Legislature recognizes that strategies to
 2161  provide for a well-trained supply of physicians must include
 2162  ensuring the availability and capacity of quality medical
 2163  schools and graduate medical education programs in this state,
 2164  as well as using new or existing state and federal programs
 2165  providing incentives for physicians to practice in needed
 2166  specialties and in underserved areas in a manner that addresses
 2167  projected needs for physician manpower.
 2168         (3)(4) GENERAL FUNCTIONS.—The department shall maximize the
 2169  use of existing programs under the jurisdiction of the
 2170  department and other state agencies and coordinate governmental
 2171  and nongovernmental stakeholders and resources in order to
 2172  develop a state strategic plan and assess the implementation of
 2173  such strategic plan. In developing the state strategic plan, the
 2174  department shall:
 2175         (f) Develop strategies to maximize federal and state
 2176  programs that provide for the use of incentives to attract
 2177  physicians to this state or retain physicians within the state.
 2178  Such strategies should explore and maximize federal-state
 2179  partnerships that provide incentives for physicians to practice
 2180  in federally designated shortage areas. Strategies shall also
 2181  consider the use of state programs, such as the Florida Health
 2182  Service Corps established pursuant to s. 381.0302 and the
 2183  Medical Education Reimbursement and Loan Repayment Program
 2184  pursuant to s. 1009.65, which provide for education loan
 2185  repayment or loan forgiveness and provide monetary incentives
 2186  for physicians to relocate to underserved areas of the state.
 2187         Section 55. Section 381.60225, Florida Statutes, is
 2188  repealed.
 2189         Section 56. Sections 381.732, 381.733, and 381.734, Florida
 2190  Statutes, are repealed.
 2191         Section 57. Section 381.7352, Florida Statutes, is amended
 2192  to read:
 2193         381.7352 Legislative findings and intent.—
 2194         (1) The Legislature finds that despite state investments in
 2195  health care programs, certain racial and ethnic populations in
 2196  Florida continue to have significantly poorer health outcomes
 2197  when compared to non-Hispanic whites. The Legislature finds that
 2198  local solutions to health care problems can have a dramatic and
 2199  positive effect on the health status of these populations. Local
 2200  governments and communities are best equipped to identify the
 2201  health education, health promotion, and disease prevention needs
 2202  of the racial and ethnic populations in their communities,
 2203  mobilize the community to address health outcome disparities,
 2204  enlist and organize local public and private resources, and
 2205  faith-based organizations to address these disparities, and
 2206  evaluate the effectiveness of interventions.
 2207         (2) It is therefore the intent of the Legislature to
 2208  provide funds within Florida counties and Front Porch Florida
 2209  Communities, in the form of Reducing Racial and Ethnic Health
 2210  Disparities: Closing the Gap grants, to stimulate the
 2211  development of community-based and neighborhood-based projects
 2212  which will improve the health outcomes of racial and ethnic
 2213  populations. Further, it is the intent of the Legislature that
 2214  these programs foster the development of coordinated,
 2215  collaborative, and broad-based participation by public and
 2216  private entities, and faith-based organizations. Finally, it is
 2217  the intent of the Legislature that the grant program function as
 2218  a partnership between state and local governments, faith-based
 2219  organizations, and private sector health care providers,
 2220  including managed care, voluntary health care resources, social
 2221  service providers, and nontraditional partners.
 2222         Section 58. Subsection (3) of section 381.7353, Florida
 2223  Statutes, is amended to read:
 2224         381.7353 Reducing Racial and Ethnic Health Disparities:
 2225  Closing the Gap grant program; administration; department
 2226  duties.—
 2227         (3) Pursuant to s. 20.43(6), the State Surgeon General may
 2228  appoint an ad hoc advisory committee to: examine areas where
 2229  public awareness, public education, research, and coordination
 2230  regarding racial and ethnic health outcome disparities are
 2231  lacking; consider access and transportation issues which
 2232  contribute to health status disparities; and make
 2233  recommendations for closing gaps in health outcomes and
 2234  increasing the public’s awareness and understanding of health
 2235  disparities that exist between racial and ethnic populations.
 2236         Section 59. Subsections (5) and (6) of section 381.7356,
 2237  Florida Statutes, are renumbered as subsections (4) and (5),
 2238  respectively, and present subsection (4) of that section is
 2239  amended to read:
 2240         381.7356 Local matching funds; grant awards.—
 2241         (4) Dissemination of grant awards shall begin no later than
 2242  January 1, 2001.
 2243         Section 60. Subsection (3) of section 381.765, Florida
 2244  Statutes, is amended to read:
 2245         381.765 Retention of title to and disposal of equipment.—
 2246         (3) The department may adopt rules relating to records and
 2247  recordkeeping for department-owned property referenced in
 2248  subsections (1) and (2).
 2249         Section 61. Section 381.77, Florida Statutes, is repealed.
 2250         Section 62. Section 381.795, Florida Statutes, is repealed.
 2251         Section 63. Subsections (2) through (5) of section 381.853,
 2252  Florida Statutes, are renumbered as subsections (1) through (4),
 2253  respectively, and present subsection (1) of that section is
 2254  amended to read:
 2255         381.853 Florida Center for Brain Tumor Research.—
 2256         (1) The Legislature finds that each year an estimated
 2257  190,000 citizens of the United States are diagnosed with
 2258  cancerous and noncancerous brain tumors and that biomedical
 2259  research is the key to finding cures for these tumors. The
 2260  Legislature further finds that, although brain tumor research is
 2261  being conducted throughout the state, there is a lack of
 2262  coordinated efforts among researchers and health care providers.
 2263  Therefore, the Legislature finds that there is a significant
 2264  need for a coordinated effort to achieve the goal of curing
 2265  brain tumors. The Legislature further finds that the biomedical
 2266  technology sector meets the criteria of a high-impact sector,
 2267  pursuant to s. 288.108(6), having a high importance to the
 2268  state’s economy with a significant potential for growth and
 2269  contribution to our universities and quality of life.
 2270         Section 64. Section 381.855, Florida Statutes, is repealed.
 2271         Section 65. Section 381.87, Florida Statutes, is repealed.
 2272         Section 66. Section 381.90, Florida Statutes, is repealed.
 2273         Section 67. Subsection (1) of section 381.91, Florida
 2274  Statutes, is amended to read:
 2275         381.91 Jessie Trice Cancer Prevention Program.—
 2276         (1) It is the intent of the Legislature to:
 2277         (a) Reduce the rates of illness and death from lung cancer
 2278  and other cancers and improve the quality of life among low
 2279  income African-American and Hispanic populations through
 2280  increased access to early, effective screening and diagnosis,
 2281  education, and treatment programs.
 2282         (b) create a community faith-based disease-prevention
 2283  program in conjunction with the Health Choice Network and other
 2284  community health centers to build upon the natural referral and
 2285  education networks in place within minority communities and to
 2286  increase access to health service delivery in Florida and.
 2287         (c) establish a funding source to build upon local private
 2288  participation to sustain the operation of the program.
 2289         Section 68. Subsection (5) of section 381.922, Florida
 2290  Statutes, is amended to read:
 2291         381.922 William G. “Bill” Bankhead, Jr., and David Coley
 2292  Cancer Research Program.—
 2293         (5) The William G. “Bill” Bankhead, Jr., and David Coley
 2294  Cancer Research Program is funded pursuant to s. 215.5602(12).
 2295  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
 2296  David Coley Cancer Research Program shall be distributed
 2297  pursuant to this section to provide grants to researchers
 2298  seeking cures for cancer and cancer-related illnesses, with
 2299  emphasis given to the goals enumerated in this section. From the
 2300  total funds appropriated, an amount of up to 10 percent may be
 2301  used for administrative expenses. From funds appropriated to
 2302  accomplish the goals of this section, up to $250,000 shall be
 2303  available for the operating costs of the Florida Center for
 2304  Universal Research to Eradicate Disease.
 2305         Section 69. Paragraph (g) of subsection (1) of section
 2306  383.011, Florida Statutes, is amended to read:
 2307         383.011 Administration of maternal and child health
 2308  programs.—
 2309         (1) The Department of Health is designated as the state
 2310  agency for:
 2311         (g) Receiving the federal funds for the “Special
 2312  Supplemental Nutrition Program for Women, Infants, and
 2313  Children,” or WIC, authorized by the Child Nutrition Act of
 2314  1966, as amended, and for providing clinical leadership for
 2315  administering the statewide WIC program.
 2316         1. The department shall establish an interagency agreement
 2317  with the Department of Children and Family Services for fiscal
 2318  management of the program. Responsibilities are delegated to
 2319  each department, as follows:
 2320         a. The department shall provide clinical leadership, manage
 2321  program eligibility, and distribute nutritional guidance and
 2322  information to participants.
 2323         b. The Department of Children and Family Services shall
 2324  develop and implement an electronic benefits transfer system.
 2325         c. The Department of Children and Family Services shall
 2326  develop a cost containment plan that provides timely and
 2327  accurate adjustments based on wholesale price fluctuations and
 2328  adjusts for the number of cash registers in calculating
 2329  statewide averages.
 2330         d. The department shall coordinate submission of
 2331  information to appropriate federal officials in order to obtain
 2332  approval of the electronic benefits system and cost containment
 2333  plan, which must include participation of WIC-only stores.
 2334         2. The department shall assist the Department of Children
 2335  and Family Services in the development of the electronic
 2336  benefits system to ensure full implementation no later than July
 2337  1, 2013.
 2338         Section 70. Section 383.141, Florida Statutes, is created
 2339  to read:
 2340         383.141Prenatally diagnosed conditions; patient to be
 2341  provided information; definitions; information clearinghouse;
 2342  advisory council.—
 2343         (1) As used in this section, the term:
 2344         (a) “Down syndrome” means a chromosomal disorder caused by
 2345  an error in cell division which results in the presence of an
 2346  extra whole or partial copy of chromosome 21.
 2347         (b) “Developmental disability” includes Down syndrome and
 2348  other developmental disabilities defined by s. 393.063(9).
 2349         (c) “Health care provider” means a physician licensed or
 2350  registered under chapter 458 or chapter 459 or an advanced
 2351  registered nurse practitioner certified under chapter 464.
 2352         (d) “Prenatally diagnosed condition” means an adverse fetal
 2353  health condition identified by prenatal testing.
 2354         (e) “Prenatal test” or “prenatal testing” means a
 2355  diagnostic procedure or screening procedure performed on a
 2356  pregnant woman or her unborn offspring to obtain information
 2357  about the offspring’s health or development.
 2358         (2) When a developmental disability is diagnosed based on
 2359  the results of a prenatal test, the health care provider who
 2360  ordered the prenatal test, or his or her designee, shall provide
 2361  the patient with current information about the nature of the
 2362  developmental disability, the accuracy of the prenatal test, and
 2363  resources for obtaining relevant support services, including
 2364  hotlines, resource centers, and information clearinghouses
 2365  related to Down syndrome or other prenatally diagnosed
 2366  developmental disabilities; support programs for parents and
 2367  families; and developmental evaluation and intervention services
 2368  under s. 391.303.
 2369         (3) The Department of Health shall establish on its
 2370  Internet website a clearinghouse of information related to
 2371  developmental disabilities concerning providers of supportive
 2372  services, information hotlines specific to Down syndrome and
 2373  other prenatally diagnosed developmental disabilities, resource
 2374  centers, educational programs, other support programs for
 2375  parents and families, and developmental evaluation and
 2376  intervention services under s. 391.303. Such information shall
 2377  be made available to health care providers for use in counseling
 2378  pregnant women whose unborn children have been prenatally
 2379  diagnosed with developmental disabilities.
 2380         (a) There is established an advisory council within the
 2381  Department of Health which consists of health care providers and
 2382  caregivers who perform health care services for persons who have
 2383  developmental disabilities, including Down syndrome and autism.
 2384  This group shall consist of nine members as follows:
 2385         1. Three members appointed by the Governor;
 2386         2. Three members appointed by the President of the Senate;
 2387  and
 2388         3. Three members appointed by the Speaker of the House of
 2389  Representatives.
 2390         (b) The advisory council shall provide technical assistance
 2391  to the Department of Health in the establishment of the
 2392  information clearinghouse and give the department the benefit of
 2393  the council members’ knowledge and experience relating to the
 2394  needs of patients and families of patients with developmental
 2395  disabilities and available support services.
 2396         (c) Members of the council shall elect a chairperson and a
 2397  vice chairperson. The elected chairperson and vice chairperson
 2398  shall serve in these roles until their terms of appointment on
 2399  the council expire.
 2400         (d) The advisory council shall meet quarterly to review
 2401  this clearinghouse of information, and may meet more often at
 2402  the call of the chairperson or as determined by a majority of
 2403  members.
 2404         (e) The council members shall be appointed to 4-year terms,
 2405  except that, to provide for staggered terms, one initial
 2406  appointee each from the Governor, the President of the Senate,
 2407  and the Speaker of the House of Representatives shall be
 2408  appointed to a 2-year term, one appointee each from these
 2409  officials shall be appointed to a 3-year term, and the remaining
 2410  initial appointees shall be appointed to 4-year terms. All
 2411  subsequent appointments shall be for 4-year terms. A vacancy
 2412  shall be filled for the remainder of the unexpired term in the
 2413  same manner as the original appointment.
 2414         (f) Members of the council shall serve without
 2415  compensation. Meetings of the council may be held in person,
 2416  without reimbursement for travel expenses, or by teleconference
 2417  or other electronic means.
 2418         (g) The Department of Health shall provide administrative
 2419  support for the advisory council.
 2420         Section 71. Effective July 1, 2012, section 385.210,
 2421  Florida Statutes, is repealed.
 2422         Section 72. Section 391.016, Florida Statutes, is amended
 2423  to read:
 2424         391.016 Purposes and functions Legislative intent.—The
 2425  Legislature intends that the Children’s Medical Services program
 2426  is established for the following purposes and authorized to
 2427  perform the following functions:
 2428         (1) Provide to children with special health care needs a
 2429  family-centered, comprehensive, and coordinated statewide
 2430  managed system of care that links community-based health care
 2431  with multidisciplinary, regional, and tertiary pediatric
 2432  specialty care. The program shall coordinate and maintain a
 2433  consistent may provide for the coordination and maintenance of
 2434  consistency of the medical home for participating children in
 2435  families with a Children’s Medical Services program participant,
 2436  in order to achieve family-centered care.
 2437         (2) Provide essential preventive, evaluative, and early
 2438  intervention services for children at risk for or having special
 2439  health care needs, in order to prevent or reduce long-term
 2440  disabilities.
 2441         (3) Serve as a principal provider for children with special
 2442  health care needs under Titles XIX and XXI of the Social
 2443  Security Act.
 2444         (4) Be complementary to children’s health training programs
 2445  essential for the maintenance of a skilled pediatric health care
 2446  workforce for all Floridians.
 2447         Section 73. Section 391.021, Florida Statutes, is amended
 2448  to read:
 2449         391.021 Definitions.—When used in this act, the term unless
 2450  the context clearly indicates otherwise:
 2451         (1) “Children’s Medical Services network” or “network”
 2452  means a statewide managed care service system that includes
 2453  health care providers, as defined in this section.
 2454         (2) “Children with special health care needs” means those
 2455  children younger than 21 years of age who have chronic and
 2456  serious physical, developmental, behavioral, or emotional
 2457  conditions and who also require health care and related services
 2458  of a type or amount beyond that which is generally required by
 2459  children.
 2460         (3) “Department” means the Department of Health.
 2461         (4) “Eligible individual” means a child with a special
 2462  health care need or a female with a high-risk pregnancy, who
 2463  meets the financial and medical eligibility standards
 2464  established in s. 391.029.
 2465         (5) “Health care provider” means a health care
 2466  professional, health care facility, or entity licensed or
 2467  certified to provide health services in this state that meets
 2468  the criteria as established by the department.
 2469         (6) “Health services” includes the prevention, diagnosis,
 2470  and treatment of human disease, pain, injury, deformity, or
 2471  disabling conditions.
 2472         (7) “Participant” means an eligible individual who is
 2473  enrolled in the Children’s Medical Services program.
 2474         (8) “Program” means the Children’s Medical Services program
 2475  established in the department.
 2476         Section 74. Section 391.025, Florida Statutes, is amended
 2477  to read:
 2478         391.025 Applicability and scope.—
 2479         (1) The Children’s Medical Services program consists of the
 2480  following components:
 2481         (a) The newborn screening program established in s. 383.14.
 2482         (b) The regional perinatal intensive care centers program
 2483  established in ss. 383.15-383.21.
 2484         (c) A federal or state program authorized by the
 2485  Legislature.
 2486         (c)(d) The developmental evaluation and intervention
 2487  program, including the Florida Infants and Toddlers Early
 2488  Intervention Program.
 2489         (d)(e) The Children’s Medical Services network.
 2490         (2) The Children’s Medical Services program shall not be
 2491  deemed an insurer and is not subject to the licensing
 2492  requirements of the Florida Insurance Code or the rules adopted
 2493  thereunder, when providing services to children who receive
 2494  Medicaid benefits, other Medicaid-eligible children with special
 2495  health care needs, and children participating in the Florida
 2496  Kidcare program.
 2497         Section 75. Section 391.026, Florida Statutes, is amended
 2498  to read:
 2499         391.026 Powers and duties of the department.—The department
 2500  shall have the following powers, duties, and responsibilities:
 2501         (1) To provide or contract for the provision of health
 2502  services to eligible individuals.
 2503         (2) To provide services to abused and neglected children
 2504  through child protective teams pursuant to s. 39.303.
 2505         (3)(2) To determine the medical and financial eligibility
 2506  standards for the program and to determine the medical and
 2507  financial eligibility of individuals seeking health services
 2508  from the program.
 2509         (3) To recommend priorities for the implementation of
 2510  comprehensive plans and budgets.
 2511         (4) To coordinate a comprehensive delivery system for
 2512  eligible individuals to take maximum advantage of all available
 2513  funds.
 2514         (5) To promote, establish, and coordinate with programs
 2515  relating to children’s medical services in cooperation with
 2516  other public and private agencies and to coordinate funding of
 2517  health care programs with federal, state, or local indigent
 2518  health care funding mechanisms.
 2519         (6) To initiate and, coordinate, and request review of
 2520  applications to federal agencies and private organizations and
 2521  state agencies for funds, services, or commodities relating to
 2522  children’s medical programs.
 2523         (7) To sponsor or promote grants for projects, programs,
 2524  education, or research in the field of medical needs of children
 2525  with special health needs, with an emphasis on early diagnosis
 2526  and treatment.
 2527         (8) To oversee and operate the Children’s Medical Services
 2528  network.
 2529         (9) To establish reimbursement mechanisms for the
 2530  Children’s Medical Services network.
 2531         (10) To establish Children’s Medical Services network
 2532  standards and credentialing requirements for health care
 2533  providers and health care services.
 2534         (11) To serve as a provider and principal case manager for
 2535  children with special health care needs under Titles XIX and XXI
 2536  of the Social Security Act.
 2537         (12) To monitor the provision of health services in the
 2538  program, including the utilization and quality of health
 2539  services.
 2540         (13) To administer the Children with Special Health Care
 2541  Needs program in accordance with Title V of the Social Security
 2542  Act.
 2543         (14) To establish and operate a grievance resolution
 2544  process for participants and health care providers.
 2545         (15) To maintain program integrity in the Children’s
 2546  Medical Services program.
 2547         (16) To receive and manage health care premiums, capitation
 2548  payments, and funds from federal, state, local, and private
 2549  entities for the program. The department may contract with a
 2550  third-party administrator for processing claims, monitoring
 2551  medical expenses, and other related services necessary to the
 2552  efficient and cost-effective operation of the Children’s Medical
 2553  Services network. The department is authorized to maintain a
 2554  minimum reserve for the Children’s Medical Services network in
 2555  an amount that is the greater of:
 2556         (a) Ten percent of total projected expenditures for Title
 2557  XIX-funded and Title XXI-funded children; or
 2558         (b) Two percent of total annualized payments from the
 2559  Agency for Health Care Administration for Title XIX and Title
 2560  XXI of the Social Security Act.
 2561         (17) To provide or contract for appoint health care
 2562  consultants for the purpose of providing peer review and other
 2563  quality-improvement activities making recommendations to enhance
 2564  the delivery and quality of services in the Children’s Medical
 2565  Services program.
 2566         (18) To adopt rules pursuant to ss. 120.536(1) and 120.54
 2567  to administer the Children’s Medical Services Act. The rules may
 2568  include requirements for definitions of terms, program
 2569  organization, and program description; a process for selecting
 2570  an area medical director; responsibilities of applicants and
 2571  clients; requirements for service applications, including
 2572  required medical and financial information; eligibility
 2573  requirements for initial treatment and for continued
 2574  eligibility, including financial and custody issues;
 2575  methodologies for resource development and allocation, including
 2576  medical and financial considerations; requirements for
 2577  reimbursement services rendered to a client; billing and payment
 2578  requirements for providers; requirements for qualification,
 2579  appointments, verification, and emergency exceptions for health
 2580  professional consultants; general and diagnostic-specific
 2581  standards for diagnostic and treatment facilities; and standards
 2582  for the method of service delivery, including consultant
 2583  services, respect-for-privacy considerations, examination
 2584  requirements, family support plans, and clinic design.
 2585         Section 76. Section 391.028, Florida Statutes, is amended
 2586  to read:
 2587         391.028 Administration.—The Children’s Medical Services
 2588  program shall have a central office and area offices.
 2589         (1) The Director of Children’s Medical Services must be a
 2590  physician licensed under chapter 458 or chapter 459 who has
 2591  specialized training and experience in the provision of health
 2592  care to children and who has recognized skills in leadership and
 2593  the promotion of children’s health programs. The director shall
 2594  be the deputy secretary and the Deputy State Health Officer for
 2595  Children’s Medical Services and is appointed by and reports to
 2596  the State Surgeon General. The director may appoint such other
 2597  staff as necessary for the operation of the program division
 2598  directors subject to the approval of the State Surgeon General.
 2599         (2) The director shall provide for operational system using
 2600  such department staff and contract providers as necessary. The
 2601  program shall implement the following program activities under
 2602  physician supervision on a statewide basis designate Children’s
 2603  Medical Services area offices to perform operational activities,
 2604  including, but not limited to:
 2605         (a) Providing Case management services for the network
 2606  participants;.
 2607         (b) Management and Providing local oversight of local the
 2608  program activities;.
 2609         (c) Determining an individual’s Medical and financial
 2610  eligibility determination for the program in accordance with s.
 2611  391.029;.
 2612         (d) Participating in the Determination of a level of care
 2613  and medical complexity for long-term care services;.
 2614         (e) Authorizing services in the program and developing
 2615  spending plans;.
 2616         (f) Participating in the Development of treatment plans;
 2617  and.
 2618         (g) Taking part in the Resolution of complaints and
 2619  grievances from participants and health care providers.
 2620         (3) Each Children’s Medical Services area office shall be
 2621  directed by a physician licensed under chapter 458 or chapter
 2622  459 who has specialized training and experience in the provision
 2623  of health care to children. The director of a Children’s Medical
 2624  Services area office shall be appointed by the director from the
 2625  active panel of Children’s Medical Services physician
 2626  consultants.
 2627         Section 77. Section 391.029, Florida Statutes, is amended
 2628  to read:
 2629         391.029 Program eligibility.—
 2630         (1) Eligibility The department shall establish the medical
 2631  criteria to determine if an applicant for the Children’s Medical
 2632  Services program is based on the diagnosis of one or more
 2633  chronic and serious medical conditions and the family’s need for
 2634  specialized services an eligible individual.
 2635         (2) The following individuals are financially eligible to
 2636  receive services through the program:
 2637         (a) A high-risk pregnant female who is enrolled in eligible
 2638  for Medicaid.
 2639         (b) Children with serious special health care needs from
 2640  birth to 21 years of age who are enrolled in eligible for
 2641  Medicaid.
 2642         (c) Children with serious special health care needs from
 2643  birth to 19 years of age who are enrolled in eligible for a
 2644  program under Title XXI of the Social Security Act.
 2645         (3) Subject to the availability of funds, the following
 2646  individuals may receive services through the program:
 2647         (a) Children with serious special health care needs from
 2648  birth to 21 years of age who do not qualify for Medicaid or
 2649  whose family income is above the requirements for financial
 2650  eligibility under Title XXI of the Social Security Act but who
 2651  are unable to access, due to lack of providers or lack of
 2652  financial resources, specialized services that are medically
 2653  necessary or essential family support services and whose
 2654  projected annual cost of care adjusts the family income to
 2655  Medicaid financial criteria. Families In cases where the family
 2656  income is adjusted based on a projected annual cost of care, the
 2657  family shall participate financially in the cost of care based
 2658  on a sliding fee scale criteria established by the department.
 2659         (b) Children with special health care needs from birth to
 2660  21 years of age, as provided in Title V of the Social Security
 2661  Act.
 2662         (c) An infant who receives an award of compensation under
 2663  s. 766.31(1). The Florida Birth-Related Neurological Injury
 2664  Compensation Association shall reimburse the Children’s Medical
 2665  Services Network the state’s share of funding, which must
 2666  thereafter be used to obtain matching federal funds under Title
 2667  XXI of the Social Security Act.
 2668         (4) The department shall determine the financial and
 2669  medical eligibility of children for the program. The department
 2670  shall also determine the financial ability of the parents, or
 2671  persons or other agencies having legal custody over such
 2672  individuals, to pay the costs of health services under the
 2673  program. The department may pay reasonable travel expenses
 2674  related to the determination of eligibility for or the provision
 2675  of health services.
 2676         (4)(5) Any child who has been provided with surgical or
 2677  medical care or treatment under this act prior to being adopted
 2678  and has serious and chronic special health needs shall continue
 2679  to be eligible to be provided with such care or treatment after
 2680  his or her adoption, regardless of the financial ability of the
 2681  persons adopting the child.
 2682         Section 78. Section 391.0315, Florida Statutes, is amended
 2683  to read:
 2684         391.0315 Benefits.—Benefits provided under the program for
 2685  children with special health care needs shall be equivalent to
 2686  the same benefits provided to children as specified in ss.
 2687  409.905 and 409.906. The department may offer additional
 2688  benefits for early intervention services, respite services,
 2689  genetic testing, genetic and nutritional counseling, and parent
 2690  support services, if such services are determined to be
 2691  medically necessary. No child or person determined eligible for
 2692  the program who is eligible under Title XIX or Title XXI of the
 2693  Social Security Act shall receive any service other than an
 2694  initial health care screening or treatment of an emergency
 2695  medical condition as defined in s. 395.002, until such child or
 2696  person is enrolled in Medicaid or a Title XXI program.
 2697         Section 79. Effective January 1, 2013, section 392.51,
 2698  Florida Statutes, is amended to read:
 2699         392.51 Tuberculosis control Findings and intent.—A
 2700  statewide system is established to control tuberculosis
 2701  infection and mitigate its effects. The system consists The
 2702  Legislature finds and declares that active tuberculosis is a
 2703  highly contagious infection that is sometimes fatal and
 2704  constitutes a serious threat to the public health. The
 2705  Legislature finds that there is a significant reservoir of
 2706  tuberculosis infection in this state and that there is a need to
 2707  develop community programs to identify tuberculosis and to
 2708  respond quickly with appropriate measures. The Legislature finds
 2709  that some patients who have active tuberculosis have complex
 2710  medical, social, and economic problems that make outpatient
 2711  control of the disease difficult, if not impossible, without
 2712  posing a threat to the public health. The Legislature finds that
 2713  in order to protect the citizenry from those few persons who
 2714  pose a threat to the public, it is necessary to establish a
 2715  system of mandatory contact identification, treatment to cure,
 2716  hospitalization, and isolation for contagious cases, and to
 2717  provide a system of voluntary, community-oriented care and
 2718  surveillance in all other cases. The Legislature finds that the
 2719  delivery of Tuberculosis control services shall be provided is
 2720  best accomplished by the coordinated efforts of the respective
 2721  county health departments and contracted or other private health
 2722  care providers, the A.G. Holley State Hospital, and the private
 2723  health care delivery system.
 2724         Section 80. Effective January 1, 2013, subsection (4) of
 2725  section 392.61, Florida Statutes, is amended to read:
 2726         392.61 Community tuberculosis control programs.—
 2727         (4) The department shall develop, by rule, a methodology
 2728  for distributing funds appropriated for tuberculosis control
 2729  programs. Criteria to be considered in this methodology include,
 2730  but are not limited to, the basic infrastructure available for
 2731  tuberculosis control, caseload requirements, laboratory support
 2732  services needed, and epidemiologic factors.
 2733         Section 81. Effective January 1, 2013, section 392.62,
 2734  Florida Statutes, is amended to read:
 2735         392.62 Hospitalization and placement programs.—
 2736         (1) The department shall contract for operation of operate
 2737  a program for the treatment hospitalization of persons who have
 2738  active tuberculosis in hospitals licensed under chapter 395 and
 2739  may provide for appropriate placement of persons who have active
 2740  tuberculosis in other health care facilities or residential
 2741  facilities. The department shall require the contractor to use
 2742  existing licensed community hospitals and other facilities for
 2743  the care and treatment to cure of persons who have active
 2744  tuberculosis or a history of noncompliance with prescribed drug
 2745  regimens and require inpatient or other residential services.
 2746         (2) The department may operate a licensed hospital for the
 2747  care and treatment to cure of persons who have active
 2748  tuberculosis. The hospital may have a forensic unit where, under
 2749  medical protocol, a patient can be held in a secure or
 2750  protective setting. The department shall also seek to maximize
 2751  use of existing licensed community hospitals for the care and
 2752  treatment to cure of persons who have active tuberculosis.
 2753         (2)(3)The program for control of tuberculosis shall
 2754  provide funding for participating facilities and require any
 2755  such facilities to meet the following conditions Any licensed
 2756  hospital operated by the department, any licensed hospital under
 2757  contract with the department, and any other health care facility
 2758  or residential facility operated by or under contract with the
 2759  department for the care and treatment of patients who have
 2760  active tuberculosis shall:
 2761         (a) Admit patients voluntarily and under court order as
 2762  appropriate for each particular facility;
 2763         (b) Require that each patient pay the actual cost of care
 2764  provided whether the patient is admitted voluntarily or by court
 2765  order;
 2766         (c) Provide for a method of paying for the care of patients
 2767  in the program regardless of ability to pay who cannot afford to
 2768  do so;
 2769         (d) Require a primary clinical diagnosis of active
 2770  tuberculosis by a physician licensed under chapter 458 or
 2771  chapter 459 before admitting the patient; provided that there
 2772  may be more than one primary diagnosis;
 2773         (e) Provide a method of notification to the county health
 2774  department and to the patient’s family, if any, before
 2775  discharging the patient from the hospital or other facility;
 2776         (f) Provide for the necessary exchange of medical
 2777  information to assure adequate community treatment to cure and
 2778  followup of discharged patients, as appropriate; and
 2779         (g) Provide for a method of medical care and counseling and
 2780  for housing, social service, and employment referrals, if
 2781  appropriate, for all patients discharged from the hospital.
 2782         (3)(4) A hospital may, pursuant to court order, place a
 2783  patient in temporary isolation for a period of no more than 72
 2784  continuous hours. The department shall obtain a court order in
 2785  the same manner as prescribed in s. 392.57. Nothing in this
 2786  subsection precludes a hospital from isolating an infectious
 2787  patient for medical reasons.
 2788         (4)(5) Any person committed under s. 392.57 who leaves the
 2789  tuberculosis hospital or residential facility without having
 2790  been discharged by the designated medical authority, except as
 2791  provided in s. 392.63, shall be apprehended by the sheriff of
 2792  the county in which the person is found and immediately
 2793  delivered to the facility from which he or she left.
 2794         Section 82. Subsection (1) of section 395.1027, Florida
 2795  Statutes, is amended to read:
 2796         395.1027 Regional poison control centers.—
 2797         (1) There shall be created three certified regional poison
 2798  control centers, one each in the north, central, and southern
 2799  regions of the state. Each regional poison control center shall
 2800  be affiliated with and physically located in a certified Level I
 2801  trauma center. Each regional poison control center shall be
 2802  affiliated with an accredited medical school or college of
 2803  pharmacy. The regional poison control centers shall be
 2804  coordinated under the aegis of the Division of Children’s
 2805  Medical Services Prevention and Intervention in the department.
 2806         Section 83. The Department of Health shall develop and
 2807  implement a transition plan for the closure of A.G. Holley State
 2808  Hospital. The plan shall include specific steps to end voluntary
 2809  admissions; transfer patients to alternate facilities;
 2810  communicate with families, providers, other affected parties,
 2811  and the general public; enter into any necessary contracts with
 2812  providers; and coordinate with the Department of Management
 2813  Services regarding the disposition of equipment and supplies and
 2814  the closure of the facility; and the Agency for Health Care
 2815  Administration is directed to modify its reimbursement plans and
 2816  seek federal approval, if necessary, to continue Medicaid
 2817  funding throughout the treatment period in community hospitals
 2818  and other facilities. The plan shall be submitted to the
 2819  Governor, the Speaker of the House of Representatives, and the
 2820  President of the Senate by May 31, 2012. The department shall
 2821  fully implement the plan by January 1, 2013.
 2822         Section 84. Subsection (4) of section 401.243, Florida
 2823  Statutes, is amended to read:
 2824         401.243 Injury prevention.—The department shall establish
 2825  an injury-prevention program with responsibility for the
 2826  statewide coordination and expansion of injury-prevention
 2827  activities. The duties of the department under the program may
 2828  include, but are not limited to, data collection, surveillance,
 2829  education, and the promotion of interventions. In addition, the
 2830  department may:
 2831         (4) Adopt rules governing the implementation of grant
 2832  programs. The rules may include, but need not be limited to,
 2833  criteria regarding the application process, the selection of
 2834  grantees, the implementation of injury-prevention activities,
 2835  data collection, surveillance, education, and the promotion of
 2836  interventions.
 2837         Section 85. Subsection (6) of section 401.245, Florida
 2838  Statutes, is renumbered as subsection (5), and present
 2839  subsection (5) of that section is amended to read:
 2840         401.245 Emergency Medical Services Advisory Council.—
 2841         (5) The department shall adopt rules to implement this
 2842  section, which rules shall serve as formal operating procedures
 2843  for the Emergency Medical Services Advisory Council.
 2844         Section 86. Section 401.271, Florida Statutes, is amended
 2845  to read:
 2846         401.271 Certification of emergency medical technicians and
 2847  paramedics who are on active duty with the Armed Forces of the
 2848  United States; spouses of members of the Armed Forces.—
 2849         (1) Any member of the Armed Forces of the United States on
 2850  active duty who, at the time he or she became a member, was in
 2851  good standing with the department and was entitled to practice
 2852  as an emergency medical technician or paramedic in the state
 2853  remains in good standing without registering, paying dues or
 2854  fees, or performing any other act, as long as he or she is a
 2855  member of the Armed Forces of the United States on active duty
 2856  and for a period of 6 months after his or her discharge from
 2857  active duty as a member of the Armed Forces of the United
 2858  States.
 2859         (2) The department may adopt rules exempting the spouse of
 2860  a member of the Armed Forces of the United States on active duty
 2861  from certification renewal provisions while the spouse is absent
 2862  from the state because of the member’s active duty with the
 2863  Armed Forces.
 2864         Section 87. Section 402.45, Florida Statutes is repealed.
 2865         Section 88. Subsections (3) and (4) of section 403.863,
 2866  Florida Statutes, are amended to read:
 2867         403.863 State public water supply laboratory certification
 2868  program.—
 2869         (3) The Department of Health shall have the responsibility
 2870  for the operation and implementation of the state laboratory
 2871  certification program. The Department of Health shall contract
 2872  for the evaluation and review of laboratory certification
 2873  applications, and laboratory inspections., except that, Upon
 2874  completion of the evaluation and review of the laboratory
 2875  certification application, the evaluation shall be forwarded,
 2876  along with recommendations, to the department for review and
 2877  comment, prior to final approval or disapproval by the
 2878  Department of Health.
 2879         (4) The following acts constitute grounds for which the
 2880  disciplinary actions specified in subsection (5) may be taken:
 2881         (a) Making false statements on an application or on any
 2882  document associated with certification.
 2883         (b) Making consistent errors in analyses or erroneous
 2884  reporting.
 2885         (c) Permitting personnel who are not qualified, as required
 2886  by rules of the Department of Health, to perform analyses.
 2887         (d) Falsifying the results of analyses.
 2888         (e) Failing to employ approved laboratory methods in
 2889  performing analyses as outlined in rules of the Department of
 2890  Health.
 2891         (f) Failing to properly maintain facilities and equipment
 2892  according to the laboratory’s quality assurance plan.
 2893         (g) Failing to report analytical test results or maintain
 2894  required records of test results as outlined in rules of the
 2895  Department of Health.
 2896         (h) Failing to participate successfully in a performance
 2897  evaluation program approved by the Department of Health.
 2898         (i) Violating any provision of this section or of the rules
 2899  adopted under this section.
 2900         (j) Falsely advertising services or credentials.
 2901         (k) Failing to pay fees for initial certification or
 2902  renewal certification or to pay inspection expenses incurred by
 2903  the Department of Health.
 2904         (l) Failing to report any change of an item included in the
 2905  initial or renewal certification application.
 2906         (m) Refusing to allow representatives of the department or
 2907  the Department of Health to inspect a laboratory and its records
 2908  during normal business hours.
 2909         Section 89. Subsection (1) of section 400.914, Florida
 2910  Statutes, is amended to read:
 2911         400.914 Rules establishing standards.—
 2912         (1) Pursuant to the intention of the Legislature to provide
 2913  safe and sanitary facilities and healthful programs, the agency
 2914  in conjunction with the Division of Children’s Medical Services
 2915  Prevention and Intervention of the Department of Health shall
 2916  adopt and publish rules to implement the provisions of this part
 2917  and part II of chapter 408, which shall include reasonable and
 2918  fair standards. Any conflict between these standards and those
 2919  that may be set forth in local, county, or city ordinances shall
 2920  be resolved in favor of those having statewide effect. Such
 2921  standards shall relate to:
 2922         (a) The assurance that PPEC services are family centered
 2923  and provide individualized medical, developmental, and family
 2924  training services.
 2925         (b) The maintenance of PPEC centers, not in conflict with
 2926  the provisions of chapter 553 and based upon the size of the
 2927  structure and number of children, relating to plumbing, heating,
 2928  lighting, ventilation, and other building conditions, including
 2929  adequate space, which will ensure the health, safety, comfort,
 2930  and protection from fire of the children served.
 2931         (c) The appropriate provisions of the most recent edition
 2932  of the “Life Safety Code” (NFPA-101) shall be applied.
 2933         (d) The number and qualifications of all personnel who have
 2934  responsibility for the care of the children served.
 2935         (e) All sanitary conditions within the PPEC center and its
 2936  surroundings, including water supply, sewage disposal, food
 2937  handling, and general hygiene, and maintenance thereof, which
 2938  will ensure the health and comfort of children served.
 2939         (f) Programs and basic services promoting and maintaining
 2940  the health and development of the children served and meeting
 2941  the training needs of the children’s legal guardians.
 2942         (g) Supportive, contracted, other operational, and
 2943  transportation services.
 2944         (h) Maintenance of appropriate medical records, data, and
 2945  information relative to the children and programs. Such records
 2946  shall be maintained in the facility for inspection by the
 2947  agency.
 2948         Section 90. Paragraph (f) of subsection (8) of section
 2949  411.203, Florida Statutes, is amended to read:
 2950         411.203 Continuum of comprehensive services.—The Department
 2951  of Education and the Department of Health and Rehabilitative
 2952  Services shall utilize the continuum of prevention and early
 2953  assistance services for high-risk pregnant women and for high
 2954  risk and handicapped children and their families, as outlined in
 2955  this section, as a basis for the intraagency and interagency
 2956  program coordination, monitoring, and analysis required in this
 2957  chapter. The continuum shall be the guide for the comprehensive
 2958  statewide approach for services for high-risk pregnant women and
 2959  for high-risk and handicapped children and their families, and
 2960  may be expanded or reduced as necessary for the enhancement of
 2961  those services. Expansion or reduction of the continuum shall be
 2962  determined by intraagency or interagency findings and agreement,
 2963  whichever is applicable. Implementation of the continuum shall
 2964  be based upon applicable eligibility criteria, availability of
 2965  resources, and interagency prioritization when programs impact
 2966  both agencies, or upon single agency prioritization when
 2967  programs impact only one agency. The continuum shall include,
 2968  but not be limited to:
 2971         (f) Parent support groups, such as the community resource
 2972  mother or father program as established in s. 402.45, or parents
 2973  as first teachers, to strengthen families and to enable families
 2974  of high-risk children to better meet their needs.
 2975         Section 91. Paragraph (d) of subsection (11) of section
 2976  409.256, Florida Statutes, is amended to read:
 2977         409.256 Administrative proceeding to establish paternity or
 2978  paternity and child support; order to appear for genetic
 2979  testing.—
 2983         (d) Upon rendering a final order of paternity or a final
 2984  order of paternity and child support, the department shall
 2985  notify the Office Division of Vital Statistics of the Department
 2986  of Health that the paternity of the child has been established.
 2987         Section 92. Section 458.346, Florida Statutes, is repealed.
 2988         Section 93. Subsection (3) of section 462.19, Florida
 2989  Statutes, is renumbered as subsection (2), and present
 2990  subsection (2) of that section is amended to read:
 2991         462.19 Renewal of license; inactive status.—
 2992         (2) The department shall adopt rules establishing a
 2993  procedure for the biennial renewal of licenses.
 2994         Section 94. Subsection (6) of section 464.019, Florida
 2995  Statutes, is amended to read:
 2996         464.019 Approval of nursing education programs.—
 2997         (6) ACCOUNTABILITY.—
 2998         (a)1. An approved program must achieve a graduate passage
 2999  rate that is not lower than 10 percentage points less than the
 3000  average passage rate for graduates of comparable degree programs
 3001  who are United States educated first-time test takers on the
 3002  National Council of State Boards of Nursing Licensing
 3003  Examination during a calendar year, as calculated by the
 3004  contract testing service of the National Council of State Boards
 3005  of Nursing. For purposes of this subparagraph, an approved
 3006  program is comparable to all degree programs of the same program
 3007  type from among the following program types:
 3008         a. Professional nursing education programs that terminate
 3009  in a bachelor’s degree.
 3010         b. Professional nursing education programs that terminate
 3011  in an associate degree.
 3012         c. Professional nursing education programs that terminate
 3013  in a diploma.
 3014         d. Practical nursing education programs.
 3015         2. Beginning with graduate passage rates for calendar year
 3016  2010, if an approved program’s graduate passage rates do not
 3017  equal or exceed the required passage rates for 2 consecutive
 3018  calendar years, the board shall place the program on
 3019  probationary status pursuant to chapter 120 and the program
 3020  director must appear before the board to present a plan for
 3021  remediation. The program shall remain on probationary status
 3022  until it achieves a graduate passage rate that equals or exceeds
 3023  the required passage rate for any 1 calendar year. The board
 3024  shall deny a program application for a new prelicensure nursing
 3025  education program submitted by an educational institution if the
 3026  institution has an existing program that is already on
 3027  probationary status.
 3028         3. Upon the program’s achievement of a graduate passage
 3029  rate that equals or exceeds the required passage rate, the
 3030  board, at its next regularly scheduled meeting following release
 3031  of the program’s graduate passage rate by the National Council
 3032  of State Boards of Nursing, shall remove the program’s
 3033  probationary status. However, if the program, during the 2
 3034  calendar years following its placement on probationary status,
 3035  does not achieve the required passage rate for any 1 calendar
 3036  year, the board shall terminate the program pursuant to chapter
 3037  120.
 3038         (b) If an approved program fails to submit the annual
 3039  report required in subsection (4), the board shall notify the
 3040  program director and president or chief executive officer of the
 3041  educational institution in writing within 15 days after the due
 3042  date of the annual report. The program director must appear
 3043  before the board at the board’s next regularly scheduled meeting
 3044  to explain the reason for the delay. The board shall terminate
 3045  the program pursuant to chapter 120 if it does not submit the
 3046  annual report within 6 months after the due date.
 3047         (c) An approved program on probationary status shall
 3048  disclose its probationary status in writing to the program’s
 3049  students and applicants.
 3050         Section 95. Section 464.0197, Florida Statutes, is
 3051  repealed.
 3052         Section 96. Subsection (1) of section 464.203, Florida
 3053  Statutes, is amended to read:
 3054         464.203 Certified nursing assistants; certification
 3055  requirement.—
 3056         (1) The board shall issue a certificate to practice as a
 3057  certified nursing assistant to any person who demonstrates a
 3058  minimum competency to read and write and successfully passes the
 3059  required background screening pursuant to s. 400.215 and meets
 3060  one of the following requirements:
 3061         (a) Has successfully completed an approved training program
 3062  and achieved a minimum score, established by rule of the board,
 3063  on the nursing assistant competency examination, which consists
 3064  of a written portion and skills-demonstration portion approved
 3065  by the board and administered at a site and by personnel
 3066  approved by the department.
 3067         (b) Has achieved a minimum score, established by rule of
 3068  the board, on the nursing assistant competency examination,
 3069  which consists of a written portion and skills-demonstration
 3070  portion, approved by the board and administered at a site and by
 3071  personnel approved by the department and:
 3072         1. Has a high school diploma, or its equivalent; or
 3073         2. Is at least 18 years of age.
 3074         (c) Is currently certified in another state; is listed on
 3075  that state’s certified nursing assistant registry; and has not
 3076  been found to have committed abuse, neglect, or exploitation in
 3077  that state.
 3078         (d) Has completed the curriculum developed under the
 3079  Enterprise Florida Jobs and Education Partnership Grant by the
 3080  Department of Education and achieved a minimum score,
 3081  established by rule of the board, on the nursing assistant
 3082  competency examination, which consists of a written portion and
 3083  skills-demonstration portion, approved by the board and
 3084  administered at a site and by personnel approved by the
 3085  department.
 3086         Section 97. Subsection (4) of section 464.208, Florida
 3087  Statutes, is amended to read:
 3088         464.208 Background screening information; rulemaking
 3089  authority.—
 3090         (4) The board shall adopt rules to administer this part.
 3091         Section 98. Section 466.00775, Florida Statutes, is
 3092  repealed.
 3093         Section 99. Subsection (4) of section 514.011, Florida
 3094  Statutes, is amended to read:
 3095         514.011 Definitions.—As used in this chapter:
 3096         (4) “Public bathing place” means a body of water, natural
 3097  or modified by humans, for swimming, diving, and recreational
 3098  bathing, together with adjacent shoreline or land area,
 3099  buildings, equipment, and appurtenances pertaining thereto, used
 3100  by consent of the owner or owners and held out to the public by
 3101  any person or public body, irrespective of whether a fee is
 3102  charged for the use thereof. The bathing water areas of public
 3103  bathing places include, but are not limited to, lakes, ponds,
 3104  rivers, streams, artificial impoundments, and waters along the
 3105  coastal and intracoastal beaches and shores of the state.
 3106         Section 100. Section 514.021, Florida Statutes, is amended
 3107  to read:
 3108         514.021 Department authorization.—
 3109         (1) The department may adopt and enforce rules, which may
 3110  include definitions of terms, to protect the health, safety, or
 3111  welfare of persons by setting sanitation and safety standards
 3112  for using public swimming pools and public bathing places. The
 3113  department shall review and revise such rules as necessary, but
 3114  not less than biennially. Sanitation and safety standards shall
 3115  include, but not be limited to, matters relating to structure;
 3116  appurtenances; operation; source of water supply;
 3117  microbiological bacteriological, chemical, and physical quality
 3118  of water in the pool or bathing area; method of water
 3119  purification, treatment, and disinfection; lifesaving apparatus;
 3120  and measures to ensure safety of bathers; and measures to ensure
 3121  the personal cleanliness of bathers.
 3122         (2) The department may not establish by rule any regulation
 3123  governing the design, alteration, modification, or repair of
 3124  public swimming pools and bathing places which has no impact on
 3125  sanitation and safety the health, safety, and welfare of persons
 3126  using public swimming pools and bathing places. Further, the
 3127  department may not adopt by rule any regulation governing the
 3128  construction, erection, or demolition of public swimming pools
 3129  and bathing places. It is the intent of the Legislature to
 3130  preempt those functions to the Florida Building Commission
 3131  through adoption and maintenance of the Florida Building Code.
 3132  The department shall provide technical assistance to the
 3133  commission in updating the construction standards of the Florida
 3134  Building Code which govern public swimming pools and bathing
 3135  places. Further, the department is authorized to conduct plan
 3136  reviews, to issue approvals, and to enforce the special
 3137  occupancy provisions of the Florida Building Code which apply to
 3138  public swimming pools and bathing places in conducting any
 3139  inspections authorized by this chapter. This subsection does not
 3140  abrogate the authority of the department to adopt and enforce
 3141  appropriate sanitary regulations and requirements as authorized
 3142  in subsection (1).
 3143         Section 101. Section 514.023, Florida Statutes, is amended
 3144  to read:
 3145         514.023 Sampling of beach waters and public bathing places;
 3146  health advisories.—
 3147         (1) As used in this section, the term “beach waters” means
 3148  the waters along the coastal and intracoastal beaches and shores
 3149  of the state, and includes salt water and brackish water.
 3150         (2) The department may adopt and enforce rules to protect
 3151  the health, safety, and welfare of persons using the beach
 3152  waters and public bathing places of the state. The rules must
 3153  establish health standards and prescribe procedures and
 3154  timeframes for bacteriological sampling of beach waters and
 3155  public bathing places.
 3156         (3) The department may issue health advisories if the
 3157  quality of beach waters or a public bathing place fails to meet
 3158  standards established by the department. The issuance of health
 3159  advisories related to the results of bacteriological sampling of
 3160  beach waters is preempted to the state.
 3161         (4) When the department issues a health advisory against
 3162  swimming in beach waters or a public bathing place on the basis
 3163  of finding elevated levels of fecal coliform, Escherichia coli,
 3164  or enterococci bacteria in a water sample, the department shall
 3165  concurrently notify the municipality or county in which the
 3166  affected beach waters are located, whichever has jurisdiction,
 3167  and the local office of the Department of Environmental
 3168  Protection, of the advisory. The local office of the Department
 3169  of Environmental Protection shall promptly investigate
 3170  wastewater treatment facilities within 1 mile of the affected
 3171  beach waters or public bathing place to determine if a facility
 3172  experienced an incident that may have contributed to the
 3173  contamination and provide the results of the investigation in
 3174  writing or by electronic means to the municipality or county, as
 3175  applicable.
 3176         (5) Contingent upon legislative appropriation to the
 3177  department in the amount of $600,000 nonrecurring, the
 3178  department will perform a 3-year study to determine the water
 3179  quality at beaches throughout the state. The study will be
 3180  performed in all counties that have public-access saltwater and
 3181  brackish water beaches.
 3182         Section 102. Section 514.025, Florida Statutes, is amended
 3183  to read:
 3184         514.025 Assignment of authority to county health
 3185  departments.—
 3186         (1) The department shall assign to county health
 3187  departments that are staffed with qualified engineering
 3188  personnel the functions of reviewing applications and plans for
 3189  the construction, development, or modification of public
 3190  swimming pools or bathing places; of conducting inspections for
 3191  and issuance of initial operating permits; and of issuing all
 3192  permits. If the county health department determines that
 3193  qualified staff are not available is not assigned the functions
 3194  of application and plan review and the issuance of initial
 3195  operating permits, the department shall be responsible for such
 3196  functions. The department shall make the determination
 3197  concerning the qualifications of county health department
 3198  personnel to perform these functions and may make and enforce
 3199  such rules pertaining thereto as it shall deem proper.
 3200         (2) After the initial operating permit is issued, the
 3201  County health departments are responsible shall assume full
 3202  responsibility for routine surveillance of water quality in all
 3203  public swimming pools and bathing places, including
 3204  responsibility for a minimum of two routine inspections
 3205  annually, complaint investigations, enforcement procedures, and
 3206  reissuance of operating permits, and renewal of operating
 3207  permits.
 3208         (3) The department may assign the responsibilities and
 3209  functions specified in this section to any multicounty
 3210  independent special district created by the Legislature to
 3211  perform multiple functions, to include municipal services and
 3212  improvements, to the same extent and under the same conditions
 3213  as provided in subsections (1) and (2), upon request of the
 3214  special district.
 3215         Section 103. Section 514.03, Florida Statutes, is amended
 3216  to read:
 3217         514.03 Construction plans Approval necessary to construct,
 3218  develop, or modify public swimming pools or public bathing
 3219  places.—It is unlawful for any person or public body to
 3220  construct, develop, or modify any public swimming pool or
 3221  bathing place, other than coastal or intracoastal beaches,
 3222  without a valid construction plans approval from the department.
 3223  This section does not preempt the authority of Local governments
 3224  or local enforcement districts may determine to conduct plan
 3225  reviews and inspections of public swimming pools and bathing
 3226  places for compliance with the general construction standards of
 3227  the Florida Building Code, pursuant to s. 553.80. Local
 3228  governments or local enforcement districts may conduct plan
 3229  reviews and inspections of public swimming pools and public
 3230  bathing places for this purpose.
 3231         (1) Any person or public body desiring to construct,
 3232  develop, or modify any public swimming pool or bathing place
 3233  shall file an application for a construction plans approval with
 3234  the department on application forms provided by the department
 3235  and shall accompany such application with:
 3236         (a) Engineering drawings, specifications, descriptions, and
 3237  detailed maps of the structure, its appurtenances, and its
 3238  intended operation.
 3239         (b) A description of the source or sources of water supply
 3240  and amount and quality of water available and intended to be
 3241  used.
 3242         (c) A description of the method and manner of water
 3243  purification, treatment, disinfection, and heating.
 3244         (d) Other applicable information deemed necessary by the
 3245  department to fulfill the requirements of this chapter.
 3246         (2) If the proposed construction of, development of, or
 3247  modification of a public swimming pool or bathing place meets
 3248  standards of public health and safety as defined in this chapter
 3249  and rules adopted hereunder, the department shall grant the
 3250  application for the construction plans approval within 30 days
 3251  after receipt of a complete submittal. If engineering plans
 3252  submitted are in substantial compliance with the standards
 3253  aforementioned, the department may approve the plans with
 3254  provisions for corrective action to be completed prior to
 3255  issuance of the operating permit.
 3256         (3) If the proposed construction, development, or
 3257  modification of a public swimming pool or bathing place fails to
 3258  meet standards of public health and safety as defined in this
 3259  chapter and rules adopted hereunder, the department shall deny
 3260  the application for construction plans approval pursuant to the
 3261  provisions of chapter 120. Such denial shall be issued in
 3262  writing within 30 days and shall list the circumstances for
 3263  denial. Upon correction of such circumstances, an applicant
 3264  previously denied permission to construct, develop, or modify a
 3265  public swimming pool or bathing place may reapply for
 3266  construction plans approval.
 3267         (4) An approval of construction plans issued by the
 3268  department under this section becomes void 1 year after the date
 3269  the approval was issued if the construction is not commenced
 3270  within 1 year after the date of issuance.
 3271         Section 104. Section 514.031, Florida Statutes, is amended
 3272  to read:
 3273         514.031 Permit necessary to operate public swimming pool or
 3274  bathing place.—
 3275         (1) It is unlawful for any person or public body to operate
 3276  or continue to operate any public swimming pool or bathing place
 3277  without a valid permit from the department, such permit to be
 3278  obtained in the following manner:
 3279         (a) Any person or public body desiring to operate any
 3280  public swimming pool or bathing place shall file an application
 3281  for a permit with the department, on application forms provided
 3282  by the department, and shall accompany such application with:
 3283         1. Descriptions of the structure, its appurtenances, and
 3284  its operation.
 3285         1.2. Description of the source or sources of water supply,
 3286  and the amount and quality of water available and intended to be
 3287  used.
 3288         2.3. Method and manner of water purification, treatment,
 3289  disinfection, and heating.
 3290         3.4. Safety equipment and standards to be used.
 3291         5. Measures to ensure personal cleanliness of bathers.
 3292         4.6. Any other pertinent information deemed necessary by
 3293  the department to fulfill the requirements of this chapter.
 3294         (b) If the department determines that the public swimming
 3295  pool or bathing place is or may reasonably be expected to be
 3296  operated in compliance with this chapter and the rules adopted
 3297  hereunder, the department shall grant the application for
 3298  permit.
 3299         (c) If the department determines that the public swimming
 3300  pool or bathing place does not meet the provisions outlined in
 3301  this chapter or the rules adopted hereunder, the department
 3302  shall deny the application for a permit pursuant to the
 3303  provisions of chapter 120. Such denial shall be in writing and
 3304  shall list the circumstances for the denial. Upon correction of
 3305  such circumstances, an applicant previously denied permission to
 3306  operate a public swimming pool or bathing place may reapply for
 3307  a permit.
 3308         (2) Operating permits shall not be required for coastal or
 3309  intracoastal beaches.
 3310         (3) Operating permits may be transferred shall not be
 3311  transferable from one name or owner to another. When the
 3312  ownership or name of an existing public swimming pool or bathing
 3313  place is changed and such establishment is operating at the time
 3314  of the change with a valid permit from the department, the new
 3315  owner of the establishment shall apply to the department, upon
 3316  forms provided by the department, within 30 days after such a
 3317  change, for a reissuance of the existing permit.
 3318         (4) Each such operating permit shall be renewed annually
 3319  and the permit must be posted in a conspicuous place.
 3320         (5) An owner or operator of a public swimming pool,
 3321  including, but not limited to, a spa, wading, or special purpose
 3322  pool, to which admittance is obtained by membership for a fee
 3323  shall post in a prominent location within the facility the most
 3324  recent pool inspection report issued by the department
 3325  pertaining to the health and safety conditions of such facility.
 3326  The report shall be legible and readily accessible to members or
 3327  potential members. The department shall adopt rules to enforce
 3328  this subsection. A portable pool may not be used as a public
 3329  pool.
 3330         Section 105. Section 514.033, Florida Statutes, is amended
 3331  to read:
 3332         514.033 Creation of fee schedules authorized.—
 3333         (1) The department is authorized to establish a schedule of
 3334  fees to be charged by the department or by any authorized county
 3335  health department as detailed in s. 514.025 for the review of
 3336  applications and plans to construct, develop, or modify a public
 3337  swimming pool or bathing place, for the issuance of permits to
 3338  operate such establishments, and for the review of variance
 3339  applications for public swimming pools and bathing places. Fees
 3340  assessed under this chapter shall be in an amount sufficient to
 3341  meet the cost of carrying out the provisions of this chapter.
 3342         (2) The fee schedule shall be: for original construction or
 3343  development plan approval, not less than $275 and not more than
 3344  $500; for modification of original construction, not less than
 3345  $100 and not more than $150; for an initial operating permit,
 3346  not less than $125 and not more than $250; and for review of
 3347  variance applications, not less than $240 and not more than
 3348  $400. The department shall assess the minimum fees provided in
 3349  this subsection until a fee schedule is promulgated by rule of
 3350  the department.
 3351         (3) Fees shall be Any person or public body operating a
 3352  public swimming pool or bathing place shall pay to the
 3353  department an annual operating permit fee based on pool or
 3354  bathing place aggregate gallonage, which shall be: up to and
 3355  including 25,000 gallons, not less than $75 and not more than
 3356  $125; and in excess of 25,000 gallons, not less than $160 and
 3357  not more than $265, except for a pool inspected pursuant to s.
 3358  514.0115(2)(b) for which the annual fee shall be $50.
 3359         (4) Fees collected by the department in accordance with
 3360  this chapter shall be deposited into the Grants and Donations
 3361  Trust Fund or Public Swimming Pool and Bathing Place Trust Fund
 3362  for the payment of costs incurred in the administration of this
 3363  chapter. Fees collected by county health departments performing
 3364  functions pursuant to s. 514.025 shall be deposited into the
 3365  County Health Department Trust Fund. Any fee collected under
 3366  this chapter is nonrefundable.
 3367         (5) The department may not charge any fees for services
 3368  provided under this chapter other than those fees authorized in
 3369  this section. However, the department shall prorate the initial
 3370  annual fee for an operating permit on a half-year basis.
 3371         Section 106. Subsections (4) and (5) of section 514.05,
 3372  Florida Statutes, are amended to read:
 3373         514.05 Denial, suspension, or revocation of permit;
 3374  administrative fines.—
 3375         (4) All amounts collected pursuant to this section shall be
 3376  deposited into the Grants and Donations Trust Fund Public
 3377  Swimming Pool and Bathing Place Trust Fund or into the County
 3378  Health Department Trust Fund, whichever is applicable.
 3379         (5) Under conditions specified by rule, the department may
 3380  close a public pool that is not in compliance with this chapter
 3381  or the rules adopted under this chapter.
 3382         Section 107. Section 514.06, Florida Statutes, is amended
 3383  to read:
 3384         514.06 Injunction to restrain violations.—Any public
 3385  swimming pool or public bathing place presenting a significant
 3386  risk to public health by failing to meet sanitation and safety
 3387  standards established pursuant to constructed, developed,
 3388  operated, or maintained contrary to the provisions of this
 3389  chapter is declared to be a public nuisance, dangerous to health
 3390  or safety. Such nuisances may be abated or enjoined in an action
 3391  brought by the county health department or the department.
 3392         Section 108. Subsections (1) and (2) of section 633.115,
 3393  Florida Statutes, are amended to read:
 3394         633.115 Fire and Emergency Incident Information Reporting
 3395  Program; duties; fire reports.—
 3396         (1)(a) The Fire and Emergency Incident Information
 3397  Reporting Program is created within the Division of State Fire
 3398  Marshal. The program shall:
 3399         1. Establish and maintain an electronic communication
 3400  system capable of transmitting fire and emergency incident
 3401  information to and between fire protection agencies.
 3402         2. Initiate a Fire and Emergency Incident Information
 3403  Reporting System that shall be responsible for:
 3404         a. Receiving fire and emergency incident information from
 3405  fire protection agencies.
 3406         b. Preparing and disseminating annual reports to the
 3407  Governor, the President of the Senate, the Speaker of the House
 3408  of Representatives, fire protection agencies, and, upon request,
 3409  the public. Each report shall include, but not be limited to,
 3410  the information listed in the National Fire Incident Reporting
 3411  System.
 3412         c. Upon request, providing other states and federal
 3413  agencies with fire and emergency incident data of this state.
 3414         3. Adopt rules to effectively and efficiently implement,
 3415  administer, manage, maintain, and use the Fire and Emergency
 3416  Incident Information Reporting Program. The rules shall be
 3417  considered minimum requirements and shall not preclude a fire
 3418  protection agency from implementing its own requirements which
 3419  shall not conflict with the rules of the Division of State Fire
 3420  Marshal.
 3421         4. By rule, establish procedures and a format for each fire
 3422  protection agency to voluntarily monitor its records and submit
 3423  reports to the program.
 3424         5. Establish an electronic information database which is
 3425  accessible and searchable by fire protection agencies.
 3426         (b) The Division of State Fire Marshal shall consult with
 3427  the Division of Forestry of the Department of Agriculture and
 3428  Consumer Services and the State Surgeon General Bureau of
 3429  Emergency Medical Services of the Department of Health to
 3430  coordinate data, ensure accuracy of the data, and limit
 3431  duplication of efforts in data collection, analysis, and
 3432  reporting.
 3433         (2) The Fire and Emergency Incident Information System
 3434  Technical Advisory Panel is created within the Division of State
 3435  Fire Marshal. The panel shall advise, review, and recommend to
 3436  the State Fire Marshal with respect to the requirements of this
 3437  section. The membership of the panel shall consist of the
 3438  following 15 members:
 3439         (a) The current 13 members of the Firefighters Employment,
 3440  Standards, and Training Council as established in s. 633.31.
 3441         (b) One member from the Division of Forestry of the
 3442  Department of Agriculture and Consumer Services, appointed by
 3443  the division director.
 3444         (c) One member from the Bureau of Emergency Medical
 3445  Services of the Department of Health, appointed by the State
 3446  Surgeon General bureau chief.
 3447         Section 109. Subsections (4), (5), (6), (8), (9), (10),
 3448  (11), and (12) of section 1009.66, Florida Statutes, are amended
 3449  to read:
 3450         1009.66 Nursing Student Loan Forgiveness Program.—
 3451         (4) From the funds available, the Department of Education
 3452  Health may make loan principal repayments of up to $4,000 a year
 3453  for up to 4 years on behalf of selected graduates of an
 3454  accredited or approved nursing program. All repayments shall be
 3455  contingent upon continued proof of employment in the designated
 3456  facilities in this state and shall be made directly to the
 3457  holder of the loan. The state shall bear no responsibility for
 3458  the collection of any interest charges or other remaining
 3459  balance. In the event that the designated facilities are
 3460  changed, a nurse shall continue to be eligible for loan
 3461  forgiveness as long as he or she continues to work in the
 3462  facility for which the original loan repayment was made and
 3463  otherwise meets all conditions of eligibility.
 3464         (5) There is created the Nursing Student Loan Forgiveness
 3465  Trust Fund to be administered by the Department of Education
 3466  Health pursuant to this section and s. 1009.67 and department
 3467  rules. The Chief Financial Officer shall authorize expenditures
 3468  from the trust fund upon receipt of vouchers approved by the
 3469  Department of Education Health. All moneys collected from the
 3470  private health care industry and other private sources for the
 3471  purposes of this section shall be deposited into the Nursing
 3472  Student Loan Forgiveness Trust Fund. Any balance in the trust
 3473  fund at the end of any fiscal year shall remain therein and
 3474  shall be available for carrying out the purposes of this section
 3475  and s. 1009.67.
 3476         (6) In addition to licensing fees imposed under part I of
 3477  chapter 464, there is hereby levied and imposed an additional
 3478  fee of $5, which fee shall be paid upon licensure or renewal of
 3479  nursing licensure. Revenues collected from the fee imposed in
 3480  this subsection shall be deposited in the Nursing Student Loan
 3481  Forgiveness Trust Fund of the Department of Education Health and
 3482  will be used solely for the purpose of carrying out the
 3483  provisions of this section and s. 1009.67. Up to 50 percent of
 3484  the revenues appropriated to implement this subsection may be
 3485  used for the nursing scholarship program established pursuant to
 3486  s. 1009.67.
 3487         (8) The Department of Health may solicit technical
 3488  assistance relating to the conduct of this program from the
 3489  Department of Education.
 3490         (8)(9) The Department of Education Health is authorized to
 3491  recover from the Nursing Student Loan Forgiveness Trust Fund its
 3492  costs for administering the Nursing Student Loan Forgiveness
 3493  Program.
 3494         (9)(10) The Department of Education Health may adopt rules
 3495  necessary to administer this program.
 3496         (10)(11) This section shall be implemented only as
 3497  specifically funded.
 3498         (11)(12) Students receiving a nursing scholarship pursuant
 3499  to s. 1009.67 are not eligible to participate in the Nursing
 3500  Student Loan Forgiveness Program.
 3501         Section 110. Section 1009.67, Florida Statutes, is amended
 3502  to read:
 3503         1009.67 Nursing scholarship program.—
 3504         (1) There is established within the Department of Education
 3505  Health a scholarship program for the purpose of attracting
 3506  capable and promising students to the nursing profession.
 3507         (2) A scholarship applicant shall be enrolled in an
 3508  approved nursing program leading to the award of an associate
 3509  degree, a baccalaureate degree, or a graduate degree in nursing.
 3510         (3) A scholarship may be awarded for no more than 2 years,
 3511  in an amount not to exceed $8,000 per year. However, registered
 3512  nurses pursuing a graduate degree for a faculty position or to
 3513  practice as an advanced registered nurse practitioner may
 3514  receive up to $12,000 per year. These amounts shall be adjusted
 3515  by the amount of increase or decrease in the consumer price
 3516  index for urban consumers published by the United States
 3517  Department of Commerce.
 3518         (4) Credit for repayment of a scholarship shall be as
 3519  follows:
 3520         (a) For each full year of scholarship assistance, the
 3521  recipient agrees to work for 12 months in a faculty position in
 3522  a college of nursing or Florida College System institution
 3523  nursing program in this state or at a health care facility in a
 3524  medically underserved area as designated approved by the
 3525  Department of Health. Scholarship recipients who attend school
 3526  on a part-time basis shall have their employment service
 3527  obligation prorated in proportion to the amount of scholarship
 3528  payments received.
 3529         (b) Eligible health care facilities include nursing homes
 3530  and hospitals in this state, state-operated medical or health
 3531  care facilities, public schools, county health departments,
 3532  federally sponsored community health centers, colleges of
 3533  nursing in universities in this state, and Florida College
 3534  System institution nursing programs in this state, family
 3535  practice teaching hospitals as defined in s. 395.805, or
 3536  specialty children’s hospitals as described in s. 409.9119. The
 3537  recipient shall be encouraged to complete the service obligation
 3538  at a single employment site. If continuous employment at the
 3539  same site is not feasible, the recipient may apply to the
 3540  department for a transfer to another approved health care
 3541  facility.
 3542         (c) Any recipient who does not complete an appropriate
 3543  program of studies, who does not become licensed, who does not
 3544  accept employment as a nurse at an approved health care
 3545  facility, or who does not complete 12 months of approved
 3546  employment for each year of scholarship assistance received
 3547  shall repay to the Department of Education Health, on a schedule
 3548  to be determined by the department, the entire amount of the
 3549  scholarship plus 18 percent interest accruing from the date of
 3550  the scholarship payment. Moneys repaid shall be deposited into
 3551  the Nursing Student Loan Forgiveness Trust Fund established in
 3552  s. 1009.66. However, the department may provide additional time
 3553  for repayment if the department finds that circumstances beyond
 3554  the control of the recipient caused or contributed to the
 3555  default.
 3556         (5) Scholarship payments shall be transmitted to the
 3557  recipient upon receipt of documentation that the recipient is
 3558  enrolled in an approved nursing program. The Department of
 3559  Education Health shall develop a formula to prorate payments to
 3560  scholarship recipients so as not to exceed the maximum amount
 3561  per academic year.
 3562         (6) The Department of Education Health shall adopt rules,
 3563  including rules to address extraordinary circumstances that may
 3564  cause a recipient to default on either the school enrollment or
 3565  employment contractual agreement, to implement this section.
 3566         (7) The Department of Education Health may recover from the
 3567  Nursing Student Loan Forgiveness Trust Fund its costs for
 3568  administering the nursing scholarship program.
 3569         Section 111. Department of Health; type two transfer.—
 3570         (1) All powers, duties, functions, records, offices,
 3571  personnel, associated administrative support positions,
 3572  property, pending issues, existing contracts, administrative
 3573  authority, administrative rules, and unexpended balances of
 3574  appropriations, allocations, and other funds relating to the
 3575  Nursing Student Loan Forgiveness Program and the nursing
 3576  scholarship program in the Department of Health are transferred
 3577  by a type two transfer, as defined in s. 20.06(2), Florida
 3578  Statutes, to the Department of Education.
 3579         (2) The Nursing Student Loan Forgiveness Trust Fund is
 3580  transferred from the Department of Health to the Department of
 3581  Education.
 3582         (3) Any binding contract or interagency agreement related
 3583  to the Nursing Student Loan Forgiveness Program existing before
 3584  July 1, 2012, between the Department of Health, or an entity or
 3585  agent of the agency, and any other agency, entity, or person
 3586  shall continue as a binding contract or agreement for the
 3587  remainder of the term of such contract or agreement on the
 3588  successor department, agency, or entity responsible for the
 3589  program, activity, or functions relative to the contract or
 3590  agreement.
 3591         (4) Notwithstanding s. 216.292 and pursuant to s. 216.351,
 3592  Florida Statutes, upon approval by the Legislative Budget
 3593  Commission, the Executive Office of the Governor may transfer
 3594  funds and positions between agencies to implement this act.
 3595         (5) The transfer of any program, activity, duty, or
 3596  function under this act includes the transfer of any records and
 3597  unexpended balances of appropriations, allocations, or other
 3598  funds related to such program, activity, duty, or function.
 3599  Unless otherwise provided, the successor organization to any
 3600  program, activity, duty, or function transferred under this act
 3601  shall become the custodian of any property of the organization
 3602  that was responsible for the program, activity, duty, or
 3603  function immediately before the transfer.
 3604         Section 112. The Division of Medical Quality Assurance
 3605  shall develop a plan to improve the efficiency of its functions.
 3606  Specifically, the plan shall delineate methods to: reduce the
 3607  average length of time for a qualified applicant to receive
 3608  initial and renewal licensure, certification, or registration,
 3609  by one-third; improve the agenda process for board meetings to
 3610  increase transparency, timeliness, and usefulness for board
 3611  decisionmaking; and improve the cost-effectiveness and
 3612  efficiency of the joint functions of the division and the
 3613  regulatory boards. In developing the plan, the division shall
 3614  identify and analyze best practices found within the division
 3615  and other state agencies with similar functions, options for
 3616  information technology improvements, options for contracting
 3617  with outside entities, and any other option the division deems
 3618  useful. The division shall consult with and solicit
 3619  recommendations from the regulatory boards in developing the
 3620  plan. The division shall submit the plan to the Governor, the
 3621  Speaker of the House of Representatives, and the President of
 3622  the Senate by November 1, 2012. All executive branch agencies
 3623  are instructed, and all other state agencies are requested, to
 3624  assist the division in accomplishing its purposes under this
 3625  section.
 3626         Section 113. Paragraph (e) of subsection (2) of section
 3627  154.503, Florida Statutes, is amended to read:
 3628         154.503 Primary Care for Children and Families Challenge
 3629  Grant Program; creation; administration.—
 3630         (2) The department shall:
 3631         (e) Coordinate with the primary care program developed
 3632  pursuant to s. 154.011, the Florida Healthy Kids Corporation
 3633  program created in s. 624.91, the school health services program
 3634  created in ss. 381.0056 and 381.0057, the Healthy Communities,
 3635  Healthy People Program created in s. 381.734, and the volunteer
 3636  health care provider program developed pursuant to s. 766.1115.
 3637         Section 114. Subsection (1), paragraph (c) of subsection
 3638  (3), and subsection (9) of section 381.0041, Florida Statutes,
 3639  are amended to read:
 3640         381.0041 Donation and transfer of human tissue; testing
 3641  requirements.—
 3642         (1) Every donation of blood, plasma, organs, skin, or other
 3643  human tissue for transfusion or transplantation to another shall
 3644  be tested prior to transfusion or other use for human
 3645  immunodeficiency virus infection and other communicable diseases
 3646  specified by rule of the Department of Health. Tests for the
 3647  human immunodeficiency virus infection shall be performed only
 3648  after obtaining written, informed consent from the potential
 3649  donor or the donor’s legal representative. Such consent may be
 3650  given by a minor pursuant to s. 743.06. Obtaining consent shall
 3651  include a fair explanation of the procedures to be followed and
 3652  the meaning and use of the test results. Such explanation shall
 3653  include a description of the confidential nature of the test as
 3654  described in s. 381.004(2) 381.004(3). If consent for testing is
 3655  not given, then the person shall not be accepted as a donor
 3656  except as otherwise provided in subsection (3).
 3657         (3) No person shall collect any blood, organ, skin, or
 3658  other human tissue from one human being and hold it for, or
 3659  actually perform, any implantation, transplantation,
 3660  transfusion, grafting, or any other method of transfer to
 3661  another human being without first testing such tissue for the
 3662  human immunodeficiency virus and other communicable diseases
 3663  specified by rule of the Department of Health, or without
 3664  performing another process approved by rule of the Department of
 3665  Health capable of killing the causative agent of those diseases
 3666  specified by rule. Such testing shall not be required:
 3667         (c) When there is insufficient time to obtain the results
 3668  of a confirmatory test for any tissue or organ which is to be
 3669  transplanted, notwithstanding the provisions of s. 381.004(2)(d)
 3670  381.004(3)(d). In such circumstances, the results of preliminary
 3671  screening tests may be released to the potential recipient’s
 3672  treating physician for use in determining organ or tissue
 3673  suitability.
 3674         (9) All blood banks shall be governed by the
 3675  confidentiality provisions of s. 381.004(2) 381.004(3).
 3676         Section 115. Paragraph (b) of subsection (3) of section
 3677  384.25, Florida Statutes, is amended to read:
 3678         384.25 Reporting required.—
 3679         (3) To ensure the confidentiality of persons infected with
 3680  the human immunodeficiency virus (HIV), reporting of HIV
 3681  infection and AIDS must be conducted using a system developed by
 3682  the Centers for Disease Control and Prevention of the United
 3683  States Public Health Service or an equivalent system.
 3684         (b) The reporting may not affect or relate to anonymous HIV
 3685  testing programs conducted pursuant to s. 381.004(3) 381.004(4).
 3686         Section 116. Subsection (5) of section 392.56, Florida
 3687  Statutes, is amended to read:
 3688         392.56 Hospitalization, placement, and residential
 3689  isolation.—
 3690         (5) If the department petitions the circuit court to order
 3691  that a person who has active tuberculosis be hospitalized in a
 3692  facility operated under s. 392.62(2), the department shall
 3693  notify the facility of the potential court order.
 3694         Section 117. Subsection (2) of section 456.032, Florida
 3695  Statutes, is amended to read:
 3696         456.032 Hepatitis B or HIV carriers.—
 3697         (2) Any person licensed by the department and any other
 3698  person employed by a health care facility who contracts a blood
 3699  borne infection shall have a rebuttable presumption that the
 3700  illness was contracted in the course and scope of his or her
 3701  employment, provided that the person, as soon as practicable,
 3702  reports to the person’s supervisor or the facility’s risk
 3703  manager any significant exposure, as that term is defined in s.
 3704  381.004(1)(c) 381.004(2)(c), to blood or body fluids. The
 3705  employer may test the blood or body fluid to determine if it is
 3706  infected with the same disease contracted by the employee. The
 3707  employer may rebut the presumption by the preponderance of the
 3708  evidence. Except as expressly provided in this subsection, there
 3709  shall be no presumption that a blood-borne infection is a job
 3710  related injury or illness.
 3711         Section 118. Subsection (15) of section 499.003, Florida
 3712  Statutes, is amended to read:
 3713         499.003 Definitions of terms used in this part.—As used in
 3714  this part, the term:
 3715         (15) “Department” means the Department of Business and
 3716  Professional Regulation Department of Health.
 3717         Section 119. Subsection (2) of section 499.601, Florida
 3718  Statutes, is amended to read:
 3719         499.601 Legislative intent; construction.—
 3720         (2) The provisions of this part are cumulative and shall
 3721  not be construed as repealing or affecting any powers, duties,
 3722  or authority of the department of Health under any other law of
 3723  this state; except that, with respect to the regulation of ether
 3724  as herein provided, in instances in which the provisions of this
 3725  part may conflict with any other such law, the provisions of
 3726  this part shall control.
 3727         Section 120. Subsection (2) of section 499.61, Florida
 3728  Statutes, is amended to read:
 3729         499.61 Definitions.—As used in this part:
 3730         (2) “Department” means the Department of Business and
 3731  Professional Regulation Department of Health.
 3732         Section 121. Subsection (2) of section 513.10, Florida
 3733  Statutes, is amended to read:
 3734         513.10 Operating without permit; enforcement of chapter;
 3735  penalties.—
 3736         (2) This chapter or rules adopted under this chapter may be
 3737  enforced in the manner provided in s. 381.0012 and as provided
 3738  in this chapter. Violations of this chapter and the rules
 3739  adopted under this chapter are subject to the penalties provided
 3740  in this chapter and in s. ss. 381.0025 and 381.0061.
 3741         Section 122. Paragraph (b) of subsection (9) of section
 3742  768.28, Florida Statutes, is amended to read:
 3743         768.28 Waiver of sovereign immunity in tort actions;
 3744  recovery limits; limitation on attorney fees; statute of
 3745  limitations; exclusions; indemnification; risk management
 3746  programs.—
 3747         (9)
 3748         (b) As used in this subsection, the term:
 3749         1. “Employee” includes any volunteer firefighter.
 3750         2. “Officer, employee, or agent” includes, but is not
 3751  limited to, any health care provider when providing services
 3752  pursuant to s. 766.1115; any member of the Florida Health
 3753  Services Corps, as defined in s. 381.0302, who provides
 3754  uncompensated care to medically indigent persons referred by the
 3755  Department of Health; any nonprofit independent college or
 3756  university located and chartered in this state which owns or
 3757  operates an accredited medical school, and its employees or
 3758  agents, when providing patient services pursuant to paragraph
 3759  (10)(f); and any public defender or her or his employee or
 3760  agent, including, among others, an assistant public defender and
 3761  an investigator.
 3762         Section 123. Subsection (1) of section 775.0877, Florida
 3763  Statutes, is amended to read:
 3764         775.0877 Criminal transmission of HIV; procedures;
 3765  penalties.—
 3766         (1) In any case in which a person has been convicted of or
 3767  has pled nolo contendere or guilty to, regardless of whether
 3768  adjudication is withheld, any of the following offenses, or the
 3769  attempt thereof, which offense or attempted offense involves the
 3770  transmission of body fluids from one person to another:
 3771         (a) Section 794.011, relating to sexual battery;
 3772         (b) Section 826.04, relating to incest;
 3773         (c) Section 800.04, relating to lewd or lascivious offenses
 3774  committed upon or in the presence of persons less than 16 years
 3775  of age;
 3776         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
 3777  relating to assault;
 3778         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
 3779  relating to aggravated assault;
 3780         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
 3781  relating to battery;
 3782         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
 3783  relating to aggravated battery;
 3784         (h) Section 827.03(1), relating to child abuse;
 3785         (i) Section 827.03(2), relating to aggravated child abuse;
 3786         (j) Section 825.102(1), relating to abuse of an elderly
 3787  person or disabled adult;
 3788         (k) Section 825.102(2), relating to aggravated abuse of an
 3789  elderly person or disabled adult;
 3790         (l) Section 827.071, relating to sexual performance by
 3791  person less than 18 years of age;
 3792         (m) Sections 796.03, 796.07, and 796.08, relating to
 3793  prostitution; or
 3794         (n) Section 381.0041(11)(b), relating to donation of blood,
 3795  plasma, organs, skin, or other human tissue,
 3797  the court shall order the offender to undergo HIV testing, to be
 3798  performed under the direction of the Department of Health in
 3799  accordance with s. 381.004, unless the offender has undergone
 3800  HIV testing voluntarily or pursuant to procedures established in
 3801  s. 381.004(2)(h)6. 381.004(3)(h)6. or s. 951.27, or any other
 3802  applicable law or rule providing for HIV testing of criminal
 3803  offenders or inmates, subsequent to her or his arrest for an
 3804  offense enumerated in paragraphs (a)-(n) for which she or he was
 3805  convicted or to which she or he pled nolo contendere or guilty.
 3806  The results of an HIV test performed on an offender pursuant to
 3807  this subsection are not admissible in any criminal proceeding
 3808  arising out of the alleged offense.
 3809         Section 124. Except as otherwise expressly provided in this
 3810  act, this act shall take effect upon becoming a law.
 3812  ================= T I T L E  A M E N D M E N T ================
 3813         And the title is amended as follows:
 3814         Delete everything before the enacting clause
 3815  and insert:
 3816                        A bill to be entitled                      
 3817         An act relating to the Department of Health; amending
 3818         s. 20.43, F.S.; revising the purpose of the
 3819         department; revising duties of the State Surgeon
 3820         General; eliminating the Officer of Women’s Health
 3821         Strategy; revising divisions within the department;
 3822         amending s. 20.435, F.S.; eliminating the Florida
 3823         Drug, Device, and Cosmetic Trust Fund as a trust fund
 3824         under the department; amending s. 154.05, F.S.;
 3825         providing that two or more counties may combine for
 3826         the operation of a county health department under
 3827         certain circumstances; providing criteria for such an
 3828         agreement; specifying that an interlocal agreement may
 3829         only be terminated at the end of a contract year;
 3830         requiring the parties to give written notice to the
 3831         department no less than 90 days before the
 3832         termination; amending s. 215.5602, F.S.; conforming
 3833         references; amending s. 381.001, F.S.; revising
 3834         legislative intent; requiring the Department of Health
 3835         to be responsible for the state public health system;
 3836         requiring the department to provide leadership for a
 3837         partnership involving federal, state, and local
 3838         government and the private sector to accomplish public
 3839         health goals; amending s. 381.0011, F.S.; revising
 3840         duties and powers of the department; repealing s.
 3841         381.0013, F.S., relating to the department’s authority
 3842         to exercise the power of eminent domain; repealing s.
 3843         381.0014, F.S., relating to department rules that
 3844         superseded regulations and ordinances enacted by other
 3845         state departments, boards or commissions, or
 3846         municipalities; repealing s. 381.0015, F.S., relating
 3847         to judicial presumptions regarding the department’s
 3848         authority to enforce public health rules; amending s.
 3849         381.0016, F.S.; allowing a county to enact health
 3850         regulations and ordinances consistent with state law;
 3851         repealing s. 381.0017, F.S., relating to the purchase,
 3852         lease, and sale of real property by the department;
 3853         repealing s. 381.0025, F.S., relating to penalties;
 3854         amending s. 381.003, F.S.; revising provisions
 3855         relating to the department’s responsibility for
 3856         communicable disease prevention and control programs;
 3857         amending s. 381.0031, F.S.; permitting the department
 3858         to conduct studies concerning epidemiology of diseases
 3859         of public health significance; specifying that the
 3860         list of diseases of public health significance is
 3861         based on the recommendations to be nationally
 3862         notifiable by the Council of State and Territorial
 3863         Epidemiologists and the Centers for Disease Control
 3864         and Prevention; authorizing the department to expand
 3865         the list if a disease emerges for which regular,
 3866         frequent and timely information regarding individual
 3867         cases is considered necessary for the prevention and
 3868         control of a disease specific to Florida; amending s.
 3869         381.00315, F.S.; authorizing the department to
 3870         declare, enforce, modify, and abolish quarantines of
 3871         persons, animals, and premises for controlling
 3872         communicable diseases or providing protection from
 3873         unsafe conditions that pose a threat to public health;
 3874         requiring the department to establish rules for
 3875         conditions and procedures for imposing and releasing a
 3876         quarantine; requiring specific provisions to be
 3877         included in rules; providing that the rules
 3878         established under this section supersede all rules
 3879         enacted by other state agencies, boards, or political
 3880         subdivisions; providing that a violation of the rules
 3881         established under the section, a quarantine, or
 3882         requirement adopted pursuant to a declared public
 3883         health emergency is a second-degree misdemeanor;
 3884         providing penalties; repealing s. 381.0032, F.S.,
 3885         relating to epidemiological research; repealing s.
 3886         381.00325, F.S., relating to the Hepatitis A awareness
 3887         program; amending s. 381.0034, F.S.; deleting an
 3888         obsolete qualifying date reference; repealing s.
 3889         381.0037, F.S., relating to legislative findings and
 3890         intent with respect to AIDS; amending s. 381.004,
 3891         F.S.; deleting legislative intent; conforming cross
 3892         references; amending 381.0046, F.S.; requiring the
 3893         department to establish dedicated HIV and AIDS
 3894         regional and statewide minority coordinators; deleting
 3895         the requirement that the statewide director report to
 3896         the chief of the Bureau of HIV and AIDS within the
 3897         department; amending s. 381.005, F.S.; deleting the
 3898         requirement that hospitals implement a plan to offer
 3899         immunizations for pneumococcal bacteria and influenza
 3900         virus to all patients 65 years of age or older;
 3901         amending s. 381.0051, F.S.; deleting legislative
 3902         intent for the Comprehensive Family Planning Act;
 3903         amending s. 381.0052, F.S., relating to the “Public
 3904         Health Dental Program Act”; repealing unused
 3905         department rulemaking authority; amending s. 381.0053,
 3906         F.S., relating to the comprehensive nutrition program;
 3907         repealing unused department rulemaking authority;
 3908         repealing s. 381.0054, F.S., relating to healthy
 3909         lifestyles promotion by the department; amending s.
 3910         381.0056, F.S., relating to the “School Health
 3911         Services Act”; deleting legislative findings; deleting
 3912         the requirement that school health programs funded by
 3913         health care districts or entities be supplementary to
 3914         and consistent with the act and other applicable
 3915         statutes; amending s. 381.0057, F.S., relating to
 3916         funding for school health services; deleting
 3917         legislative intent; amending s. 381.00591, F.S.;
 3918         permitting the department to apply for and become a
 3919         National Environmental Laboratory Accreditation
 3920         Program accreditation body; eliminating rulemaking
 3921         authority of the department to implement standards of
 3922         the National Environmental Laboratory Accreditation
 3923         Program; amending s. 381.00593, F.S.; removing unused
 3924         rulemaking authority relating to the public school
 3925         volunteer health care practitioner program; amending
 3926         s. 381.0062, F.S., relating to the “Comprehensive
 3927         Family Planning Act”; deleting legislative intent;
 3928         conforming a cross-reference; amending s. 381.0065,
 3929         F.S., relating to regulation of onsite sewage
 3930         treatment and disposal systems; deleting legislative
 3931         intent; conforming provisions to changes made by the
 3932         act; amending s. 381.0068, F.S.; deleting a date by
 3933         which a technical review and advisory panel must be
 3934         established within the department for assistance with
 3935         rule adoption; deleting the authority of the chair of
 3936         the panel to advise affected persons or the
 3937         Legislature of the panel’s position on legislation,
 3938         proposed state policy, or other issue; amending s.
 3939         381.0072, F.S.; revising the definition of the term
 3940         “food establishment” to include certain facilities
 3941         participating in the United States Department of
 3942         Agriculture Afterschool Meal Program; amending s.
 3943         381.00781, F.S.; eliminating authority of the
 3944         department to annually adjust maximum fees according
 3945         to the Consumer Price Index; amending s. 381.0086,
 3946         F.S.; revising department rulemaking authority
 3947         relating to migrant farmworkers and other migrant
 3948         labor camp or residential migrant housing occupants;
 3949         removing lighting and maintenance and operation of
 3950         roads from the list of health and safety standards to
 3951         be created by the department; conforming a cross
 3952         reference; amending s. 381.0098, F.S.; deleting
 3953         legislative intent with respect to standards for the
 3954         safe packaging, transport, storage, treatment, and
 3955         disposal of biomedical waste; conforming a cross
 3956         reference; amending s. 381.0101, F.S.; deleting
 3957         legislative intent regarding certification of
 3958         environmental health professionals; providing for the
 3959         State Surgeon General, rather than the Division
 3960         Director for Emergency Preparedness and Community
 3961         Support, to serve on an environmental health
 3962         professionals advisory board; conforming a cross
 3963         reference; amending s. 381.0203, F.S.; eliminating the
 3964         regulation of drugs, cosmetics, and household products
 3965         under ch. 499, F.S., from the pharmacy services
 3966         program; eliminating the contraception distribution
 3967         program at county health departments; amending s.
 3968         381.0261, F.S.; requiring the department, rather than
 3969         the Agency for Health Care Administration, to publish
 3970         a summary of the Florida Patient’s Bill of Rights and
 3971         Responsibilities on its Internet website; deleting the
 3972         requirement to print and distribute the summary;
 3973         repealing s. 381.0301, F.S. relating to the Centers
 3974         for Disease Control and Prevention, the State
 3975         University System, Florida medical schools, and the
 3976         College of Public Health of the University of South
 3977         Florida; deleting the requirement that the College of
 3978         Public Health be consulted by state officials in the
 3979         management of public health; repealing s. 381.0302,
 3980         F.S.; eliminating the Florida Health Services Corps;
 3981         amending s. 381.0303, F.S.; eliminating the
 3982         requirement that the Special Needs Shelter Interagency
 3983         Committee submit recommendations to the Legislature;
 3984         repealing s. 381.04015, F.S.; eliminating the Women’s
 3985         Health Strategy Office and Officer of Women’s Health
 3986         Strategy; amending s. 381.0403, F.S., relating to the
 3987         “Community Hospital Education Act”; deleting
 3988         legislative findings and intent; revising the mission
 3989         of the program; requiring minimum funding for graduate
 3990         education in family practice; deleting reference to an
 3991         intent to establish a statewide graduate medical
 3992         education program; amending s. 381.0405, F.S.;
 3993         deleting an appropriation to the Office of Rural
 3994         Health; amending s. 381.0406, F.S.; deleting
 3995         unnecessary introductory language in provisions
 3996         relating to rural health networks; repealing s.
 3997         381.0407, F.S., to eliminate the mandatory payment of
 3998         claims from public health care providers and county
 3999         health departments by managed care plans; repealing s.
 4000         381.045, F.S.; eliminating department authority to
 4001         provide services to certain health care providers
 4002         infected with Hepatitis B or HIV; amending s.
 4003         381.06015, F.S.; deleting obsolete provision that
 4004         requires the department, the Agency for Health Care
 4005         Administration, and private consortium members seeking
 4006         private or federal funds to initiate certain program
 4007         actions relating to the Public Cord Blood Tissue Bank;
 4008         repealing s. 381.0605, F.S., relating to designating
 4009         the Agency for Health Care Administration as the state
 4010         agency to administer the Federal Hospital and Medical
 4011         Facilities Amendments of 1964; eliminating authority
 4012         of the Governor to provide for administration of the
 4013         amendments; repealing ss. 381.1001-381.103, F.S., the
 4014         Florida Community Health Protection Act; amending s.
 4015         381.4018, F.S.; deleting legislative findings and
 4016         intent with respect to physician workforce assessment
 4017         and development; conforming a cross-reference:
 4018         repealing s. 381.60225, F.S., to eliminate background
 4019         screening requirements for health care professionals
 4020         and owners, operators, and employees of certain health
 4021         care providers, services, and programs; repealing ss.
 4022         381.732-381.734, F.S., the “Healthy People, Healthy
 4023         Communities Act”; amending s. 381.7352, F.S.; deleting
 4024         legislative findings relating to the “Reducing Racial
 4025         and Ethnic Health Disparities: Closing the Gap Act”;
 4026         amending s. 381.7353, F.S.; removing the authority of
 4027         the State Surgeon General to appoint an ad hoc
 4028         committee to study certain aspects of racial and
 4029         ethnic health outcome disparities and make
 4030         recommendations; amending s. 381.7356, F.S.; deleting
 4031         a provision requiring dissemination of Closing the Gap
 4032         grant awards to begin on a date certain; amending s.
 4033         381.765, F.S.; repealing unused rulemaking authority
 4034         relating to records and recordkeeping for department
 4035         owned property; repealing s. 381.77, F.S., to
 4036         eliminate the annual survey of nursing home residents
 4037         age 55 and under; repealing s. 381.795, F.S., to
 4038         eliminate the requirement that the department
 4039         establish a program of long-term community-based
 4040         supports and services for individuals with traumatic
 4041         brain or spinal cord injuries; amending s. 381.853,
 4042         F.S.; deleting legislative findings relating to brain
 4043         tumor research; repealing s. 381.855, F.S., which
 4044         established the Florida Center for Universal Research
 4045         to Eradicate Disease; repealing s. 381.87, F.S., to
 4046         eliminate the osteoporosis prevention and education
 4047         program; repealing s. 381.90, F.S., to eliminate the
 4048         Health Information Systems Council; amending s.
 4049         381.91, F.S., relating to the Jesse Trice Cancer
 4050         Program; revising legislative intent; amending
 4051         381.922, F.S.; conforming a reference; amending s.
 4052         383.011, F.S.; requiring the Department of Health to
 4053         establish an interagency agreement with the Department
 4054         of Children and Family Services for management of the
 4055         Special Supplemental Nutrition program for Women,
 4056         Infants, and Children; specifying responsibilities of
 4057         each department; creating s. 383.141, F.S.; providing
 4058         legislative findings; providing definitions; requiring
 4059         that health care providers provide pregnant women with
 4060         current information about the nature of the
 4061         developmental disabilities tested for in certain
 4062         prenatal tests, the accuracy of such tests, and
 4063         resources for obtaining support services for Down
 4064         syndrome and other prenatally diagnosed developmental
 4065         disabilities; providing duties for the Department of
 4066         Health concerning establishment of an information
 4067         clearinghouse; creating an advocacy council within the
 4068         Department of Health to provide technical assistance
 4069         in forming the clearinghouse; providing membership for
 4070         the council; providing duties of the council;
 4071         providing terms for members of the council; providing
 4072         for election of a chairperson and vice chairperson;
 4073         providing meeting times for the council; requiring the
 4074         members to serve without compensation or reimbursement
 4075         for travel expenses; authorizing meetings by
 4076         teleconference or other electronic means; requiring
 4077         the Department of Health to provide administrative
 4078         support; repealing s. 385.210, F.S., the Arthritis
 4079         Prevention and Education Act by a specific date;
 4080         amending s. 391.016, F.S.; clarifying the purposes and
 4081         functions of the Children’s Medical Services program;
 4082         requiring the coordination and maintenance of a
 4083         medical home for participating children; amending s.
 4084         391.021, F.S.; revising definitions; amending s.
 4085         391.025, F.S.; revising the components of the
 4086         Children’s Medical Services program; amending s.
 4087         391.026, F.S.; revising the powers and duties of the
 4088         department in administering the Children’s Medical
 4089         Services network; amending s. 391.028, F.S.;
 4090         eliminating the central office and area offices of the
 4091         Children’s Medical Services program; authorizing the
 4092         Director of Children’s Medical Services to appoint
 4093         necessary staff and contract with providers to
 4094         establish a system to provide certain program
 4095         activities on a statewide basis; amending s. 391.029,
 4096         F.S.; specifying eligibility for services provided
 4097         under the Children’s Medical Services program;
 4098         clarifying who may receive services under the program;
 4099         deleting the requirement that the department determine
 4100         financial and medical eligibility for program;
 4101         deleting the requirement that the department determine
 4102         the financial ability of parents to pay for services;
 4103         eliminating discretion of the department to pay
 4104         reasonable travel expenses; amending s. 391.0315,
 4105         F.S.; deleting a prohibition against a child eligible
 4106         under Title XIX or XXI of the Social Security Act from
 4107         receiving services under the program until the child
 4108         is enrolled in Medicaid or a Title XXI program;
 4109         amending s. 392.51, F.S., relating to tuberculosis
 4110         control; removing legislative findings and intent;
 4111         amending s. 392.61, F.S.; eliminating the requirement
 4112         that the department develop a methodology for
 4113         distributing funds appropriated for community
 4114         tuberculosis control programs; amending s. 392.62,
 4115         F.S.; requiring a contractor to use licensed community
 4116         hospitals and other facilities for the care and
 4117         treatment of persons who have active tuberculosis or a
 4118         history of noncompliance with prescribed drug regimens
 4119         and require inpatient or other residential services;
 4120         removing authority of the department to operate a
 4121         licensed hospital to treat tuberculosis patients;
 4122         requiring the tuberculosis control program to fund
 4123         participating facilities; requiring facilities to meet
 4124         specific conditions; requiring the department to
 4125         develop a transition plan for the closure of A.G.
 4126         Holley State Hospital; specifying content of
 4127         transition plan; requiring submission of the plan to
 4128         the Governor and Legislature; requiring full
 4129         implementation of the transition plan by a certain
 4130         date; amending s. 401.243, F.S.; repealing unused
 4131         rulemaking authority governing the implementation of
 4132         injury-prevention grant programs; amending s. 401.245,
 4133         F.S.; repealing unused rulemaking authority relating
 4134         to operating procedures for the Emergency Medical
 4135         Services Advisory Council; amending s. 401.271, F.S.;
 4136         repealing unused rulemaking authority relating to an
 4137         exemption for the spouse of a member of the Armed
 4138         Forces of the United States on active duty from
 4139         certification renewal provisions while the spouse is
 4140         absent from the state because of the member’s active
 4141         duty with the Armed Forces; repealing s. 402.45, F.S.;
 4142         repealing unused rulemaking authority relating to the
 4143         community resource mother or father program; amending
 4144         s. 403.863, F.S.; directing the department to contract
 4145         to perform state public water supply laboratory
 4146         certification application review and evaluation and
 4147         laboratory inspections; adding certain actions to the
 4148         list of acts constituting grounds for which
 4149         disciplinary actions may be taken under the section;
 4150         amending ss. 400.914 and 409.256, F.S.; conforming
 4151         references; repealing s. 458.346, F.S., which created
 4152         the Public Sector Physician Advisory Committee and
 4153         established its responsibilities; amending s. 462.19,
 4154         F.S., relating to the renewal of licenses for
 4155         practitioners of naturopathy; repealing unused
 4156         rulemaking authority; amending s. 464.019, F.S.,
 4157         requiring the Board of Nursing to deny a program
 4158         application for new prelicensure nursing education
 4159         program while the existing program is on probationary
 4160         status; repealing s. 464.0197, F.S., relating to state
 4161         budget support for the Florida Center for Nursing;
 4162         amending s. 464.203, F.S.; revising the certification
 4163         requirements for certified nursing assistants;
 4164         amending s. 464.208, F.S.; repealing unused rulemaking
 4165         authority relating to background screening information
 4166         of certified nursing assistants; repealing s.
 4167         466.00775, F.S., relating to unused rulemaking
 4168         authority relating to dental health access and dental
 4169         laboratory registration provisions; amending ss.
 4170         212.08, 499.003, 499.601, and 499.61, F.S.; updating
 4171         departmental designation; amending s. 514.011, F.S.;
 4172         revising the definition of “public bathing place”;
 4173         amending s. 514.021, F.S.; restricting rulemaking
 4174         authority of the department; limiting scope of
 4175         standards for public pools and public bathing places;
 4176         prohibiting the department from adopting by rule any
 4177         regulation regarding the design, alteration, or repair
 4178         of a public pool or public bathing; eliminating
 4179         authority of the department to review plans, issue
 4180         approvals, and enforce occupancy provisions of the
 4181         Florida Building Code; amending s. 514.023, F.S.;
 4182         adding public bathing places to the provisions
 4183         allowing sampling of beach waters to determine
 4184         sanitation and allowing health advisories to be issued
 4185         for elevated levels of bacteria in such waters;
 4186         deleting an obsolete provision; amending s. 514.025,
 4187         F.S.; requiring the department to review applications
 4188         and plans for the construction or placement of public
 4189         pools or bathing places; providing for the department
 4190         to review applications and plans if no qualified staff
 4191         are employed at the county health department;
 4192         establishing that the department is responsible to
 4193         monitor water quality in public pools and bathing
 4194         places; amending s. 514.03, F.S.; permitting local
 4195         governments or local enforcement districts to
 4196         determine compliance with general construction
 4197         provisions of the Florida Building Code; permitting
 4198         local governments or local enforcement districts to
 4199         conduct plan reviews and inspections of public pools
 4200         and bathing places to determine compliance;
 4201         eliminating an application process for review of
 4202         building plans for a public pool or bathing place by
 4203         the department; amending s. 514.031, F.S.; requiring a
 4204         valid permit from the department to operate a public
 4205         pool; revising the list of documents that must
 4206         accompany an application for a permit to operate a
 4207         public pool; providing the department with authority
 4208         to review, approve, and deny an application for a
 4209         permit to operate a public pool; amending s. 514.033,
 4210         F.S.; deleting authority of the department to
 4211         establish a fee schedule; requiring fees collected by
 4212         the department or county health department to be
 4213         deposited into the Grants and Doations Trust Fund or
 4214         the County Health Department Trust Fund; amending s.
 4215         514.05, F.S.; requiring all amounts collected to be
 4216         deposited in the Grants and Donations Trust Fund or
 4217         the County Health Department Trust Fund; granting the
 4218         county health department the authority to close a
 4219         public pool that is not in compliance with ch. 514,
 4220         F.S., or applicable rules; amending s. 514.06, F.S.;
 4221         deeming a public pool or bathing place to present a
 4222         significant risk to public health by failing to meet
 4223         sanitation and safety to be a public nuisance;
 4224         allowing for a public nuisance to be abated or
 4225         enjoined; amending s. 633.115, F.S.; making conforming
 4226         changes; amending s. 1009.66, F.S.; reassigning
 4227         responsibility for the Nursing Student Loan
 4228         Forgiveness Program from the Department of Health to
 4229         the Department of Education; amending s. 1009.67,
 4230         F.S.; reassigning responsibility for the nursing
 4231         scholarship program from the Department of Health to
 4232         the Department of Education; providing type two
 4233         transfers of the programs; providing for transfer of a
 4234         trust fund; providing applicability to contracts;
 4235         authorizing transfer of funds and positions between
 4236         departments; requiring the Division of Medical Quality
 4237         and Assurance to create a plan to improve efficiency
 4238         of the function of the division; directing the
 4239         division to take certain actions in creating the plan;
 4240         directing the division to address particular topics in
 4241         the plan; requiring all executive branch agencies to
 4242         assist the department in creating the plan; requesting
 4243         all other state agencies to assist the department in
 4244         creating the plan; amending ss. 154.503, 381.0041,
 4245         384.25, 392.56, 395.1027, 411.203, 456.032, 513.10,
 4246         768.28, and 775.0877, F.S.; conforming cross
 4247         references; providing effective dates.