Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1263, 2nd Eng.
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
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
48 (i) Develop working associations with all agencies and
49 organizations involved and interested in health and health care
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
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
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
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
111 4. The Board of Chiropractic Medicine, created under
112 chapter 460.
113 5. The Board of Podiatric Medicine, created under chapter
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
119 9. Nursing assistants, as provided under part II of chapter
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
519 Section 13. Section 381.0025, Florida Statutes, is
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
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
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
637 Section 18. Section 381.00325, Florida Statutes, is
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
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
679 (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
680 RESULTS; COUNSELING; CONFIDENTIALITY.—
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
700 (4) (5) HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;
701 REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM
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.
715 (10) (11) TESTING AS A CONDITION OF TREATMENT OR ADMISSION.—
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
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
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
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
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
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
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
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;
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
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.
974 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
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
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
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;
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
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
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
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
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
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
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
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
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
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.
1825 (3) (4) ENVIRONMENTAL HEALTH PROFESSIONALS ADVISORY BOARD.
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
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
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
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
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
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;
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
1961 Section 43. Section 381.0302, Florida Statutes, is
1963 Section 44. Subsection (5) of section 381.0303, Florida
1964 Statutes, is amended to read:
1965 381.0303 Special needs shelters.—
1966 (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
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
2007 Section 45. Section 381.04015, Florida Statutes, is
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.—
2012 (2) ESTABLISHMENT OF PROGRAM LEGISLATIVE INTENT.—
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
2033 (3) PROGRAM FOR COMMUNITY HOSPITAL EDUCATION; STATE AND
2034 LOCAL PLANNING.—
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.
2076 (4) PROGRAM FOR GRADUATE MEDICAL EDUCATION INNOVATIONS.—
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
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
2136 Section 52. Section 381.0605, Florida Statutes, is
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
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
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
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 383.141 Prenatally 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;
2388 3. Three members appointed by the Speaker of the House of
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
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
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
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
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
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
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
2540 (13) To administer the Children with Special Health Care
2541 Needs program in accordance with Title V of the Social Security
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
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
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
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
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
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
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
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
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
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
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:
2969 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
2970 OF HIGH-RISK CHILDREN.—
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
2980 (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
2981 CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
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
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
3052 Section 96. Subsection (1) of section 464.203, Florida
3053 Statutes, is amended to read:
3054 464.203 Certified nursing assistants; certification
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
3086 Section 97. Subsection (4) of section 464.208, Florida
3087 Statutes, is amended to read:
3088 464.208 Background screening information; rulemaking
3090 (4) The board shall adopt rules to administer this part.
3091 Section 98. Section 466.00775, Florida Statutes, is
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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;
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
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;
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.