Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1263, 2nd Eng.
                                Barcode 753786                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             03/09/2012 12:28 PM       .      03/09/2012 04:35 PM       

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (2), and (3) of section 20.43,
    6  Florida Statutes, are amended to read:
    7         20.43 Department of Health.—There is created a Department
    8  of Health.
    9         (1) The purpose of the Department of Health is to protect
   10  and promote and protect the health of all residents and visitors
   11  in the state through organized state and community efforts,
   12  including cooperative agreements with counties. The department
   13  shall:
   14         (a) Identify, diagnose, and conduct surveillance of
   15  diseases and health conditions in the state and accumulate the
   16  health statistics necessary to establish trends Prevent to the
   17  fullest extent possible, the occurrence and progression of
   18  communicable and noncommunicable diseases and disabilities.
   19         (b) Implement interventions that prevent or limit the
   20  impact or spread of diseases and health conditions Maintain a
   21  constant surveillance of disease occurrence and accumulate
   22  health statistics necessary to establish disease trends and to
   23  design health programs.
   24         (c) Collect, manage, and analyze vital statistics and other
   25  health data to inform the public and formulate public health
   26  policy and planning Conduct special studies of the causes of
   27  diseases and formulate preventive strategies.
   28         (d) Maintain and coordinate preparedness for and responses
   29  to public health emergencies in the state Promote the
   30  maintenance and improvement of the environment as it affects
   31  public health.
   32         (e) Provide or ensure the provision of quality health care
   33  and related services to identified populations in the state
   34  Promote the maintenance and improvement of health in the
   35  residents of the state.
   36         (f) Regulate environmental activities that have a direct
   37  impact on public health in the state Provide leadership, in
   38  cooperation with the public and private sectors, in establishing
   39  statewide and community public health delivery systems.
   40         (g) Regulate health practitioners for the preservation of
   41  the health, safety, and welfare of the public Provide health
   42  care and early intervention services to infants, toddlers,
   43  children, adolescents, and high-risk perinatal patients who are
   44  at risk for disabling conditions or have chronic illnesses.
   45         (h) Provide services to abused and neglected children
   46  through child protection teams and sexual abuse treatment
   47  programs.
   48         (i) Develop working associations with all agencies and
   49  organizations involved and interested in health and health care
   50  delivery.
   51         (j) Analyze trends in the evolution of health systems, and
   52  identify and promote the use of innovative, cost-effective
   53  health delivery systems.
   54         (k) Serve as the statewide repository of all aggregate data
   55  accumulated by state agencies related to health care; analyze
   56  that data and issue periodic reports and policy statements, as
   57  appropriate; require that all aggregated data be kept in a
   58  manner that promotes easy utilization by the public, state
   59  agencies, and all other interested parties; provide technical
   60  assistance as required; and work cooperatively with the state’s
   61  higher education programs to promote further study and analysis
   62  of health care systems and health care outcomes.
   63         (l) Include in the department’s strategic plan developed
   64  under s. 186.021 an assessment of current health programs,
   65  systems, and costs; projections of future problems and
   66  opportunities; and recommended changes that are needed in the
   67  health care system to improve the public health.
   68         (m) Regulate health practitioners, to the extent authorized
   69  by the Legislature, as necessary for the preservation of the
   70  health, safety, and welfare of the public.
   71         (2)(a) The head of the Department of Health is the State
   72  Surgeon General and State Health Officer. The State Surgeon
   73  General must be a physician licensed under chapter 458 or
   74  chapter 459 who has advanced training or extensive experience in
   75  public health administration. The State Surgeon General is
   76  appointed by the Governor subject to confirmation by the Senate.
   77  The State Surgeon General serves at the pleasure of the
   78  Governor. The State Surgeon General shall serve as the leading
   79  voice on wellness and disease prevention efforts, including the
   80  promotion of healthful lifestyles, immunization practices,
   81  health literacy, and the assessment and promotion of the
   82  physician and health care workforce in order to meet the health
   83  care needs of the state. The State Surgeon General shall focus
   84  on advocating healthy lifestyles, developing public health
   85  policy, and building collaborative partnerships with schools,
   86  businesses, health care practitioners, community-based
   87  organizations, and public and private institutions in order to
   88  promote health literacy and optimum quality of life for all
   89  Floridians.
   90         (b) The Officer of Women’s Health Strategy is established
   91  within the Department of Health and shall report directly to the
   92  State Surgeon General.
   93         (3) The following divisions of the Department of Health are
   94  established:
   95         (a) Division of Administration.
   96         (b) Division of Emergency Preparedness and Community
   97  Support Environmental Health.
   98         (c) Division of Disease Control and Health Protection.
   99         (d) Division of Community Health Promotion Family Health
  100  Services.
  101         (e) Division of Children’s Medical Services Network.
  102         (f) Division of Public Health Statistics and Performance
  103  Management Emergency Medical Operations.
  104         (g) Division of Medical Quality Assurance, which is
  105  responsible for the following boards and professions established
  106  within the division:
  107         1. The Board of Acupuncture, created under chapter 457.
  108         2. The Board of Medicine, created under chapter 458.
  109         3. The Board of Osteopathic Medicine, created under chapter
  110  459.
  111         4. The Board of Chiropractic Medicine, created under
  112  chapter 460.
  113         5. The Board of Podiatric Medicine, created under chapter
  114  461.
  115         6. Naturopathy, as provided under chapter 462.
  116         7. The Board of Optometry, created under chapter 463.
  117         8. The Board of Nursing, created under part I of chapter
  118  464.
  119         9. Nursing assistants, as provided under part II of chapter
  120  464.
  121         10. The Board of Pharmacy, created under chapter 465.
  122         11. The Board of Dentistry, created under chapter 466.
  123         12. Midwifery, as provided under chapter 467.
  124         13. The Board of Speech-Language Pathology and Audiology,
  125  created under part I of chapter 468.
  126         14. The Board of Nursing Home Administrators, created under
  127  part II of chapter 468.
  128         15. The Board of Occupational Therapy, created under part
  129  III of chapter 468.
  130         16. Respiratory therapy, as provided under part V of
  131  chapter 468.
  132         17. Dietetics and nutrition practice, as provided under
  133  part X of chapter 468.
  134         18. The Board of Athletic Training, created under part XIII
  135  of chapter 468.
  136         19. The Board of Orthotists and Prosthetists, created under
  137  part XIV of chapter 468.
  138         20. Electrolysis, as provided under chapter 478.
  139         21. The Board of Massage Therapy, created under chapter
  140  480.
  141         22. The Board of Clinical Laboratory Personnel, created
  142  under part III of chapter 483.
  143         23. Medical physicists, as provided under part IV of
  144  chapter 483.
  145         24. The Board of Opticianry, created under part I of
  146  chapter 484.
  147         25. The Board of Hearing Aid Specialists, created under
  148  part II of chapter 484.
  149         26. The Board of Physical Therapy Practice, created under
  150  chapter 486.
  151         27. The Board of Psychology, created under chapter 490.
  152         28. School psychologists, as provided under chapter 490.
  153         29. The Board of Clinical Social Work, Marriage and Family
  154  Therapy, and Mental Health Counseling, created under chapter
  155  491.
  156         30. Emergency medical technicians and paramedics, as
  157  provided under part III of chapter 401.
  158         (h) Division of Children’s Medical Services Prevention and
  159  Intervention.
  160         (i) Division of Information Technology.
  161         (j) Division of Health Access and Tobacco.
  162         (h)(k) Division of Disability Determinations.
  163         Section 2. Subsections (14) through (22) of section 20.435,
  164  Florida Statutes, are renumbered as subsection (13) through
  165  (21), respectively, and present subsection (13) of that section
  166  is amended to read:
  167         20.435 Department of Health; trust funds.—The following
  168  trust funds shall be administered by the Department of Health:
  169         (13) Florida Drug, Device, and Cosmetic Trust Fund.
  170         (a) Funds to be credited to and uses of the trust fund
  171  shall be administered in accordance with the provisions of
  172  chapter 499.
  173         (b) Notwithstanding the provisions of s. 216.301 and
  174  pursuant to s. 216.351, any balance in the trust fund at the end
  175  of any fiscal year shall remain in the trust fund at the end of
  176  the year and shall be available for carrying out the purposes of
  177  the trust fund.
  178         Section 3. Section 154.05, Florida Statutes, is amended to
  179  read:
  180         154.05 Cooperation and agreements between counties.
  181  Counties may establish cooperative arrangements for shared
  182  county health departments in the following ways:
  183         (1) Two or more counties may combine in the establishment
  184  and maintenance of a single full-time county health department
  185  for the counties which combine for that purpose; and, pursuant
  186  to such combination or agreement, such counties may cooperate
  187  with one another and the Department of Health and contribute to
  188  a joint fund in carrying out the purpose and intent of this
  189  chapter. The duration and nature of such agreement shall be
  190  evidenced by resolutions of the boards of county commissioners
  191  of such counties and shall be submitted to and approved by the
  192  department. In the event of any such agreement, a full-time
  193  county health department shall be established and maintained by
  194  the department in and for the benefit of the counties which have
  195  entered into such an agreement; and, in such case, the funds
  196  raised by taxation pursuant to this chapter by each such county
  197  shall be paid to the Chief Financial Officer for the account of
  198  the department and shall be known as the full-time county health
  199  department trust fund of the counties so cooperating. Such trust
  200  funds shall be used and expended by the department for the
  201  purposes specified in this chapter in each county which has
  202  entered into such agreement. In case such an agreement is
  203  entered into between two or more counties, the work contemplated
  204  by this chapter shall be done by a single full-time county
  205  health department in the counties so cooperating; and the
  206  nature, extent, and location of such work shall be under the
  207  control and direction of the department.
  208         (2) The operations of two or more county health departments
  209  may be combined when the parties agree to the specific roles and
  210  responsibilities of each county and county health department.
  211  Such an agreement shall specify the roles and responsibilities
  212  of each county and county health department, including the
  213  method of governance and executive direction; the manner by
  214  which each county’s public health needs will be addressed; an
  215  inventory of necessary facilities, equipment, and personnel; and
  216  any other needed infrastructure.
  217         Section 4. Subsection (2) of section 212.08, Florida
  218  Statutes, is amended to read:
  219         212.08 Sales, rental, use, consumption, distribution, and
  220  storage tax; specified exemptions.—The sale at retail, the
  221  rental, the use, the consumption, the distribution, and the
  222  storage to be used or consumed in this state of the following
  223  are hereby specifically exempt from the tax imposed by this
  224  chapter.
  225         (2) EXEMPTIONS; MEDICAL.—
  226         (a) There shall be exempt from the tax imposed by this
  227  chapter any medical products and supplies or medicine dispensed
  228  according to an individual prescription or prescriptions written
  229  by a prescriber authorized by law to prescribe medicinal drugs;
  230  hypodermic needles; hypodermic syringes; chemical compounds and
  231  test kits used for the diagnosis or treatment of human disease,
  232  illness, or injury; and common household remedies recommended
  233  and generally sold for internal or external use in the cure,
  234  mitigation, treatment, or prevention of illness or disease in
  235  human beings, but not including cosmetics or toilet articles,
  236  notwithstanding the presence of medicinal ingredients therein,
  237  according to a list prescribed and approved by the Department of
  238  Business and Professional Regulation Health, which list shall be
  239  certified to the Department of Revenue from time to time and
  240  included in the rules promulgated by the Department of Revenue.
  241  There shall also be exempt from the tax imposed by this chapter
  242  artificial eyes and limbs; orthopedic shoes; prescription
  243  eyeglasses and items incidental thereto or which become a part
  244  thereof; dentures; hearing aids; crutches; prosthetic and
  245  orthopedic appliances; and funerals. In addition, any items
  246  intended for one-time use which transfer essential optical
  247  characteristics to contact lenses shall be exempt from the tax
  248  imposed by this chapter; however, this exemption shall apply
  249  only after $100,000 of the tax imposed by this chapter on such
  250  items has been paid in any calendar year by a taxpayer who
  251  claims the exemption in such year. Funeral directors shall pay
  252  tax on all tangible personal property used by them in their
  253  business.
  254         (b) For the purposes of this subsection:
  255         1. “Prosthetic and orthopedic appliances” means any
  256  apparatus, instrument, device, or equipment used to replace or
  257  substitute for any missing part of the body, to alleviate the
  258  malfunction of any part of the body, or to assist any disabled
  259  person in leading a normal life by facilitating such person’s
  260  mobility. Such apparatus, instrument, device, or equipment shall
  261  be exempted according to an individual prescription or
  262  prescriptions written by a physician licensed under chapter 458,
  263  chapter 459, chapter 460, chapter 461, or chapter 466, or
  264  according to a list prescribed and approved by the Department of
  265  Health, which list shall be certified to the Department of
  266  Revenue from time to time and included in the rules promulgated
  267  by the Department of Revenue.
  268         2. “Cosmetics” means articles intended to be rubbed,
  269  poured, sprinkled, or sprayed on, introduced into, or otherwise
  270  applied to the human body for cleansing, beautifying, promoting
  271  attractiveness, or altering the appearance and also means
  272  articles intended for use as a compound of any such articles,
  273  including, but not limited to, cold creams, suntan lotions,
  274  makeup, and body lotions.
  275         3. “Toilet articles” means any article advertised or held
  276  out for sale for grooming purposes and those articles that are
  277  customarily used for grooming purposes, regardless of the name
  278  by which they may be known, including, but not limited to, soap,
  279  toothpaste, hair spray, shaving products, colognes, perfumes,
  280  shampoo, deodorant, and mouthwash.
  281         4. “Prescription” includes any order for drugs or medicinal
  282  supplies written or transmitted by any means of communication by
  283  a duly licensed practitioner authorized by the laws of the state
  284  to prescribe such drugs or medicinal supplies and intended to be
  285  dispensed by a pharmacist. The term also includes an orally
  286  transmitted order by the lawfully designated agent of such
  287  practitioner. The term also includes an order written or
  288  transmitted by a practitioner licensed to practice in a
  289  jurisdiction other than this state, but only if the pharmacist
  290  called upon to dispense such order determines, in the exercise
  291  of his or her professional judgment, that the order is valid and
  292  necessary for the treatment of a chronic or recurrent illness.
  293  The term also includes a pharmacist’s order for a product
  294  selected from the formulary created pursuant to s. 465.186. A
  295  prescription may be retained in written form, or the pharmacist
  296  may cause it to be recorded in a data processing system,
  297  provided that such order can be produced in printed form upon
  298  lawful request.
  299         (c) Chlorine shall not be exempt from the tax imposed by
  300  this chapter when used for the treatment of water in swimming
  301  pools.
  302         (d) Lithotripters are exempt.
  303         (e) Human organs are exempt.
  304         (f) Sales of drugs to or by physicians, dentists,
  305  veterinarians, and hospitals in connection with medical
  306  treatment are exempt.
  307         (g) Medical products and supplies used in the cure,
  308  mitigation, alleviation, prevention, or treatment of injury,
  309  disease, or incapacity which are temporarily or permanently
  310  incorporated into a patient or client by a practitioner of the
  311  healing arts licensed in the state are exempt.
  312         (h) The purchase by a veterinarian of commonly recognized
  313  substances possessing curative or remedial properties which are
  314  ordered and dispensed as treatment for a diagnosed health
  315  disorder by or on the prescription of a duly licensed
  316  veterinarian, and which are applied to or consumed by animals
  317  for alleviation of pain or the cure or prevention of sickness,
  318  disease, or suffering are exempt. Also exempt are the purchase
  319  by a veterinarian of antiseptics, absorbent cotton, gauze for
  320  bandages, lotions, vitamins, and worm remedies.
  321         (i) X-ray opaques, also known as opaque drugs and
  322  radiopaque, such as the various opaque dyes and barium sulphate,
  323  when used in connection with medical X rays for treatment of
  324  bodies of humans and animals, are exempt.
  325         (j) Parts, special attachments, special lettering, and
  326  other like items that are added to or attached to tangible
  327  personal property so that a handicapped person can use them are
  328  exempt when such items are purchased by a person pursuant to an
  329  individual prescription.
  330         (k) This subsection shall be strictly construed and
  331  enforced.
  332         Section 5. Subsections (10) and (12) of section 215.5602,
  333  Florida Statutes, are amended to read:
  334         215.5602 James and Esther King Biomedical Research
  335  Program.—
  336         (10) The council shall submit an annual progress report on
  337  the state of biomedical research in this state to the Florida
  338  Center for Universal Research to Eradicate Disease and to the
  339  Governor, the State Surgeon General, the President of the
  340  Senate, and the Speaker of the House of Representatives by
  341  February 1. The report must include:
  342         (a) A list of research projects supported by grants or
  343  fellowships awarded under the program.
  344         (b) A list of recipients of program grants or fellowships.
  345         (c) A list of publications in peer reviewed journals
  346  involving research supported by grants or fellowships awarded
  347  under the program.
  348         (d) The total amount of biomedical research funding
  349  currently flowing into the state.
  350         (e) New grants for biomedical research which were funded
  351  based on research supported by grants or fellowships awarded
  352  under the program.
  353         (f) Progress in the prevention, diagnosis, treatment, and
  354  cure of diseases related to tobacco use, including cancer,
  355  cardiovascular disease, stroke, and pulmonary disease.
  356         (12) From funds appropriated to accomplish the goals of
  357  this section, up to $250,000 shall be available for the
  358  operating costs of the Florida Center for Universal Research to
  359  Eradicate Disease. Beginning in the 2011-2012 fiscal year and
  360  thereafter, $25 million from the revenue deposited into the
  361  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  362  shall be reserved for research of tobacco-related or cancer
  363  related illnesses. Of the revenue deposited in the Health Care
  364  Trust Fund pursuant to this section, $25 million shall be
  365  transferred to the Biomedical Research Trust Fund within the
  366  Department of Health. Subject to annual appropriations in the
  367  General Appropriations Act, $5 million shall be appropriated to
  368  the James and Esther King Biomedical Research Program, $5
  369  million shall be appropriated to the William G. “Bill” Bankhead,
  370  Jr., and David Coley Cancer Research Program created under s.
  371  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  372  Cancer Center and Research Institute established under s.
  373  1004.43, $5 million shall be appropriated to the Sylvester
  374  Comprehensive Cancer Center of the University of Miami, and $5
  375  million shall be appropriated to the University of Florida
  376  Shands Cancer Hospital Center.
  377         Section 6. Section 381.001, Florida Statutes, is amended to
  378  read:
  379         381.001 Legislative intent; Public health system.—
  380         (1) It is the intent of the Legislature that The Department
  381  of Health is be responsible for the state’s public health system
  382  which shall be designed to promote, protect, and improve the
  383  health of all people in the state. The mission of the state’s
  384  public health system is to foster the conditions in which people
  385  can be healthy, by assessing state and community health needs
  386  and priorities through data collection, epidemiologic studies,
  387  and community participation; by developing comprehensive public
  388  health policies and objectives aimed at improving the health
  389  status of people in the state; and by ensuring essential health
  390  care and an environment which enhances the health of the
  391  individual and the community. The department shall provide
  392  leadership for Legislature recognizes that the state’s public
  393  health system must be founded on an active partnership working
  394  toward shared public health goals and involving between federal,
  395  state, and local governments and the private sector government
  396  and between the public and private sectors, and, therefore,
  397  assessment, policy development, and service provision must be
  398  shared by all of these entities to achieve its mission.
  399         (2) It is the intent of the Legislature that the
  400  department, in carrying out the mission of public health, focus
  401  attention on identifying, assessing, and controlling the
  402  presence and spread of communicable diseases; on monitoring and
  403  regulating factors in the environment which may impair the
  404  public’s health, with particular attention to preventing
  405  contamination of drinking water, the air people breathe, and the
  406  food people consume; and ensuring availability of and access to
  407  preventive and primary health care, including, but not limited
  408  to, acute and episodic care, prenatal and postpartum care, child
  409  health, family planning, school health, chronic disease
  410  prevention, child and adult immunization, dental health,
  411  nutrition, and health education and promotion services.
  412         (3) It is, furthermore, the intent of the Legislature that
  413  the public health system include comprehensive planning, data
  414  collection, technical support, and health resource development
  415  functions. These functions include, but are not limited to,
  416  state laboratory and pharmacy services, the state vital
  417  statistics system, the Florida Center for Health Information and
  418  Policy Analysis, emergency medical services coordination and
  419  support, and recruitment, retention, and development of
  420  preventive and primary health care professionals and managers.
  421         (4) It is, furthermore, the intent of the Legislature that
  422  the department provide public health services through the 67
  423  county health departments in partnership with county
  424  governments, as specified in part I of chapter 154, and in so
  425  doing make every attempt possible to solicit the support and
  426  involvement of private and not-for-profit health care agencies
  427  in fulfilling the public health mission.
  428         Section 7. Section 381.0011, Florida Statutes, is amended
  429  to read:
  430         381.0011 Duties and powers of the Department of Health.—It
  431  is the duty of the Department of Health to:
  432         (1) Assess the public health status and needs of the state
  433  through statewide data collection and other appropriate means,
  434  with special attention to future needs that may result from
  435  population growth, technological advancements, new societal
  436  priorities, or other changes.
  437         (2) Formulate general policies affecting the public health
  438  of the state.
  439         (2)(3) Administer and enforce laws and rules relating to
  440  sanitation, control of communicable diseases, illnesses and
  441  hazards to health among humans and from animals to humans, and
  442  the general health of the people of the state.
  443         (3)(4)Coordinate with Cooperate with and accept assistance
  444  from federal, state, and local officials for the prevention and
  445  suppression of communicable and other diseases, illnesses,
  446  injuries, and hazards to human health.
  447         (5) Declare, enforce, modify, and abolish quarantine of
  448  persons, animals, and premises as the circumstances indicate for
  449  controlling communicable diseases or providing protection from
  450  unsafe conditions that pose a threat to public health, except as
  451  provided in ss. 384.28 and 392.545-392.60.
  452         (a) The department shall adopt rules to specify the
  453  conditions and procedures for imposing and releasing a
  454  quarantine. The rules must include provisions related to:
  455         1. The closure of premises.
  456         2. The movement of persons or animals exposed to or
  457  infected with a communicable disease.
  458         3. The tests or treatment, including vaccination, for
  459  communicable disease required prior to employment or admission
  460  to the premises or to comply with a quarantine.
  461         4. Testing or destruction of animals with or suspected of
  462  having a disease transmissible to humans.
  463         5. Access by the department to quarantined premises.
  464         6. The disinfection of quarantined animals, persons, or
  465  premises.
  466         7. Methods of quarantine.
  467         (b) Any health regulation that restricts travel or trade
  468  within the state may not be adopted or enforced in this state
  469  except by authority of the department.
  470         (4)(6) Provide for a thorough investigation and study of
  471  the incidence, causes, modes of propagation and transmission,
  472  and means of prevention, control, and cure of diseases,
  473  illnesses, and hazards to human health.
  474         (5)(7) Provide for the dissemination of information to the
  475  public relative to the prevention, control, and cure of
  476  diseases, illnesses, and hazards to human health. The department
  477  shall conduct a workshop before issuing any health alert or
  478  advisory relating to food-borne illness or communicable disease
  479  in public lodging or food service establishments in order to
  480  inform persons, trade associations, and businesses of the risk
  481  to public health and to seek the input of affected persons,
  482  trade associations, and businesses on the best methods of
  483  informing and protecting the public, except in an emergency, in
  484  which case the workshop must be held within 14 days after the
  485  issuance of the emergency alert or advisory.
  486         (6)(8) Act as registrar of vital statistics.
  487         (9) Cooperate with and assist federal health officials in
  488  enforcing public health laws and regulations.
  489         (10) Cooperate with other departments, local officials, and
  490  private boards and organizations for the improvement and
  491  preservation of the public health.
  492         (11) Maintain a statewide injury-prevention program.
  493         (12) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  494  implement the provisions of law conferring duties upon it. This
  495  subsection does not authorize the department to require a permit
  496  or license unless such requirement is specifically provided by
  497  law.
  498         (7)(13) Manage and coordinate emergency preparedness and
  499  disaster response functions to: investigate and control the
  500  spread of disease; coordinate the availability and staffing of
  501  special needs shelters; support patient evacuation; ensure the
  502  safety of food and drugs; provide critical incident stress
  503  debriefing; and provide surveillance and control of
  504  radiological, chemical, biological, and other environmental
  505  hazards.
  506         (14) Perform any other duties prescribed by law.
  507         Section 8. Section 381.0013, Florida Statutes, is repealed.
  508         Section 9. Section 381.0014, Florida Statutes, is repealed.
  509         Section 10. Section 381.0015, Florida Statutes, is
  510  repealed.
  511         Section 11. Section 381.0016, Florida Statutes, is amended
  512  to read:
  513         381.0016 County and municipal regulations and ordinances.
  514  Any county or municipality may enact, in a manner prescribed by
  515  law, health regulations and ordinances not inconsistent with
  516  state public health laws and rules adopted by the department.
  517         Section 12. Section 381.0017, Florida Statutes, is
  518  repealed.
  519         Section 13. Section 381.0025, Florida Statutes, is
  520  repealed.
  521         Section 14. Paragraph (d) of subsection (1) of section
  522  381.003, Florida Statutes, is amended to read:
  523         381.003 Communicable disease and AIDS prevention and
  524  control.—
  525         (1) The department shall conduct a communicable disease
  526  prevention and control program as part of fulfilling its public
  527  health mission. A communicable disease is any disease caused by
  528  transmission of a specific infectious agent, or its toxic
  529  products, from an infected person, an infected animal, or the
  530  environment to a susceptible host, either directly or
  531  indirectly. The communicable disease program must include, but
  532  need not be limited to:
  533         (d) Programs for the prevention, control, and reporting of
  534  communicable diseases of public health significance as provided
  535  for in this chapter.
  536         Section 15. Section 381.0031, Florida Statutes, is amended
  537  to read:
  538         381.0031 Epidemiological research; report of diseases of
  539  public health significance to department.—
  540         (1) The department may conduct studies concerning the
  541  epidemiology of diseases of public health significance affecting
  542  people in Florida.
  543         (2) Any practitioner licensed in this state to practice
  544  medicine, osteopathic medicine, chiropractic medicine,
  545  naturopathy, or veterinary medicine; any hospital licensed under
  546  part I of chapter 395; or any laboratory licensed under chapter
  547  483 that diagnoses or suspects the existence of a disease of
  548  public health significance shall immediately report the fact to
  549  the Department of Health.
  550         (3)(2) Periodically the department shall issue a list of
  551  infectious or noninfectious diseases determined by it to be a
  552  threat to public health and therefore of significance to public
  553  health and shall furnish a copy of the list to the practitioners
  554  listed in subsection (2) (1). The list shall be based on the
  555  diseases recommended to be nationally notifiable by the Council
  556  of State and Territorial Epidemiologists and the Centers for
  557  Disease Control and Prevention. The department may expand upon
  558  the list if a disease emerges for which regular, frequent, and
  559  timely information regarding individual cases is considered
  560  necessary for the prevention and control of a disease specific
  561  to Florida.
  562         (4)(3) Reports required by this section must be in
  563  accordance with methods specified by rule of the department.
  564         (5)(4) Information submitted in reports required by this
  565  section is confidential, exempt from the provisions of s.
  566  119.07(1), and is to be made public only when necessary to
  567  public health. A report so submitted is not a violation of the
  568  confidential relationship between practitioner and patient.
  569         (6)(5) The department may obtain and inspect copies of
  570  medical records, records of laboratory tests, and other medical
  571  related information for reported cases of diseases of public
  572  health significance described in subsection (2). The department
  573  shall examine the records of a person who has a disease of
  574  public health significance only for purposes of preventing and
  575  eliminating outbreaks of disease and making epidemiological
  576  investigations of reported cases of diseases of public health
  577  significance, notwithstanding any other law to the contrary.
  578  Health care practitioners, licensed health care facilities, and
  579  laboratories shall allow the department to inspect and obtain
  580  copies of such medical records and medical-related information,
  581  notwithstanding any other law to the contrary. Release of
  582  medical records and medical-related information to the
  583  department by a health care practitioner, licensed health care
  584  facility, or laboratory, or by an authorized employee or agent
  585  thereof, does not constitute a violation of the confidentiality
  586  of patient records. A health care practitioner, health care
  587  facility, or laboratory, or any employee or agent thereof, may
  588  not be held liable in any manner for damages and is not subject
  589  to criminal penalties for providing patient records to the
  590  department as authorized by this section.
  591         (7)(6) The department may adopt rules related to reporting
  592  diseases of significance to public health, which must specify
  593  the information to be included in the report, who is required to
  594  report, the method and time period for reporting, requirements
  595  for enforcement, and required followup activities by the
  596  department which are necessary to protect public health.
  597         (8) This section does not affect s. 384.25.
  598         Section 16. Subsections (4), (5), and (6) are added to
  599  section 381.00315, Florida Statutes, to read:
  600         381.00315 Public health advisories; public health
  601  emergencies; quarantines.—The State Health Officer is
  602  responsible for declaring public health emergencies and
  603  quarantines and issuing public health advisories.
  604         (4) The department has the duty and the authority to
  605  declare, enforce, modify, and abolish quarantines of persons,
  606  animals, and premises as the circumstances indicate for
  607  controlling communicable diseases or providing protection from
  608  unsafe conditions that pose a threat to public health, except as
  609  provided in ss. 384.28 and 392.545-392.60.
  610         (5) The department shall adopt rules to specify the
  611  conditions and procedures for imposing and releasing a
  612  quarantine. The rules must include provisions related to:
  613         (a) The closure of premises.
  614         (b) The movement of persons or animals exposed to or
  615  infected with a communicable disease.
  616         (c) The tests or treatment, including vaccination, for
  617  communicable disease required prior to employment or admission
  618  to the premises or to comply with a quarantine.
  619         (d) Testing or destruction of animals with or suspected of
  620  having a disease transmissible to humans.
  621         (e) Access by the department to quarantined premises.
  622         (f) The disinfection of quarantined animals, persons, or
  623  premises.
  624         (g) Methods of quarantine.
  625         (6) The rules adopted under this section and actions taken
  626  by the department pursuant to a declared public health emergency
  627  or quarantine shall supersede all rules enacted by other state
  628  departments, boards or commissions, and ordinances and
  629  regulations enacted by political subdivisions of the state. Any
  630  person who violates any rule adopted under this section, any
  631  quarantine, or any requirement adopted by the department
  632  pursuant to a declared public health emergency, commits a
  633  misdemeanor of the second degree, punishable as provided in s.
  634  775.082 or s. 775.083.
  635         Section 17. Section 381.0032, Florida Statutes, is
  636  repealed.
  637         Section 18. Section 381.00325, Florida Statutes, is
  638  repealed.
  639         Section 19. Subsection (1) of section 381.0034, Florida
  640  Statutes, is amended to read:
  641         381.0034 Requirement for instruction on HIV and AIDS.—
  642         (1) As of July 1, 1991, The Department of Health shall
  643  require each person licensed or certified under chapter 401,
  644  chapter 467, part IV of chapter 468, or chapter 483, as a
  645  condition of biennial relicensure, to complete an educational
  646  course approved by the department on the modes of transmission,
  647  infection control procedures, clinical management, and
  648  prevention of human immunodeficiency virus and acquired immune
  649  deficiency syndrome. Such course shall include information on
  650  current Florida law on acquired immune deficiency syndrome and
  651  its impact on testing, confidentiality of test results, and
  652  treatment of patients. Each such licensee or certificateholder
  653  shall submit confirmation of having completed said course, on a
  654  form provided by the department, when submitting fees or
  655  application for each biennial renewal.
  656         Section 20. Section 381.0037, Florida Statutes, is
  657  repealed.
  658         Section 21. Subsections (2) though (11) of section 381.004,
  659  Florida Statutes, are renumbered as subsections (1) through
  660  (10), respectively, and present subsection (1), paragraph (a) of
  661  present subsection (3), paragraph (d) of present subsection (5),
  662  present subsection (7), and paragraph (c) of present subsection
  663  (11) of that section are amended to read:
  664         381.004 HIV testing.—
  665         (1) LEGISLATIVE INTENT.—The Legislature finds that the use
  666  of tests designed to reveal a condition indicative of human
  667  immunodeficiency virus infection can be a valuable tool in
  668  protecting the public health. The Legislature finds that despite
  669  existing laws, regulations, and professional standards which
  670  require or promote the informed, voluntary, and confidential use
  671  of tests designed to reveal human immunodeficiency virus
  672  infection, many members of the public are deterred from seeking
  673  such testing because they misunderstand the nature of the test
  674  or fear that test results will be disclosed without their
  675  consent. The Legislature finds that the public health will be
  676  served by facilitating informed, voluntary, and confidential use
  677  of tests designed to detect human immunodeficiency virus
  678  infection.
  681         (a) No person in this state shall order a test designed to
  682  identify the human immunodeficiency virus, or its antigen or
  683  antibody, without first obtaining the informed consent of the
  684  person upon whom the test is being performed, except as
  685  specified in paragraph (h). Informed consent shall be preceded
  686  by an explanation of the right to confidential treatment of
  687  information identifying the subject of the test and the results
  688  of the test to the extent provided by law. Information shall
  689  also be provided on the fact that a positive HIV test result
  690  will be reported to the county health department with sufficient
  691  information to identify the test subject and on the availability
  692  and location of sites at which anonymous testing is performed.
  693  As required in paragraph (3)(c) (4)(c), each county health
  694  department shall maintain a list of sites at which anonymous
  695  testing is performed, including the locations, phone numbers,
  696  and hours of operation of the sites. Consent need not be in
  697  writing provided there is documentation in the medical record
  698  that the test has been explained and the consent has been
  699  obtained.
  702  REGISTRATION.—No county health department and no other person in
  703  this state shall conduct or hold themselves out to the public as
  704  conducting a testing program for acquired immune deficiency
  705  syndrome or human immunodeficiency virus status without first
  706  registering with the Department of Health, reregistering each
  707  year, complying with all other applicable provisions of state
  708  law, and meeting the following requirements:
  709         (d) The program must meet all the informed consent criteria
  710  contained in subsection (2) (3).
  711         (7) EXEMPTIONS.—Except as provided in paragraph (3)(d)
  712  (4)(d) and ss. 627.429 and 641.3007, insurers and others
  713  participating in activities related to the insurance application
  714  and underwriting process shall be exempt from this section.
  716         (c) Any violation of this subsection or the rules
  717  implementing it shall be punishable as provided in subsection
  718  (5) (6).
  719         Section 22. Subsection (2) of section 381.0046, Florida
  720  Statutes, is amended to read:
  721         381.0046 Statewide HIV and AIDS prevention campaign.—
  722         (2) The Department of Health shall establish dedicated four
  723  positions within the department for HIV and AIDS regional
  724  minority coordinators and one position for a statewide HIV and
  725  AIDS minority coordinator. The coordinators shall facilitate
  726  statewide efforts to implement and coordinate HIV and AIDS
  727  prevention and treatment programs. The statewide coordinator
  728  shall report directly to the chief of the Bureau of HIV and AIDS
  729  within the Department of Health.
  730         Section 23. Subsections (3) through (7) of section
  731  381.0051, Florida Statutes, are renumbered as subsections (2)
  732  through (6), respectively, and present subsection (2) of that
  733  section is amended to read:
  734         381.0051 Family planning.—
  735         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  736  to make available to citizens of the state of childbearing age
  737  comprehensive medical knowledge, assistance, and services
  738  relating to the planning of families and maternal health care.
  739         Section 24. Subsection (5) of section 381.0052, Florida
  740  Statutes, is amended to read:
  741         381.0052 Dental health.—
  742         (5) The department may adopt rules to implement this
  743  section.
  744         Section 25. Subsection (4) of section 381.0053, Florida
  745  Statutes, is amended to read:
  746         381.0053 Comprehensive nutrition program.—
  747         (4) The department may promulgate rules to implement the
  748  provisions of this section.
  749         Section 26. Section 381.0054, Florida Statutes, is
  750  repealed.
  751         Section 27. Subsections (3) through (11) of section
  752  381.0056, Florida Statutes are renumbered as subsections (2)
  753  through (9), respectively, and present subsections (2), (3), and
  754  (11) of that section are amended to read:
  755         381.0056 School health services program.—
  756         (2) The Legislature finds that health services conducted as
  757  a part of the total school health program should be carried out
  758  to appraise, protect, and promote the health of students. School
  759  health services supplement, rather than replace, parental
  760  responsibility and are designed to encourage parents to devote
  761  attention to child health, to discover health problems, and to
  762  encourage use of the services of their physicians, dentists, and
  763  community health agencies.
  764         (2)(3)As When used in or for purposes of this section:
  765         (a) “Emergency health needs” means onsite management and
  766  aid for illness or injury pending the student’s return to the
  767  classroom or release to a parent, guardian, designated friend,
  768  or designated health care provider.
  769         (b) “Entity” or “health care entity” means a unit of local
  770  government or a political subdivision of the state; a hospital
  771  licensed under chapter 395; a health maintenance organization
  772  certified under chapter 641; a health insurer authorized under
  773  the Florida Insurance Code; a community health center; a migrant
  774  health center; a federally qualified health center; an
  775  organization that meets the requirements for nonprofit status
  776  under s. 501(c)(3) of the Internal Revenue Code; a private
  777  industry or business; or a philanthropic foundation that agrees
  778  to participate in a public-private partnership with a county
  779  health department, local school district, or school in the
  780  delivery of school health services, and agrees to the terms and
  781  conditions for the delivery of such services as required by this
  782  section and as documented in the local school health services
  783  plan.
  784         (c) “Invasive screening” means any screening procedure in
  785  which the skin or any body orifice is penetrated.
  786         (d) “Physical examination” means a thorough evaluation of
  787  the health status of an individual.
  788         (e) “School health services plan” means the document that
  789  describes the services to be provided, the responsibility for
  790  provision of the services, the anticipated expenditures to
  791  provide the services, and evidence of cooperative planning by
  792  local school districts and county health departments.
  793         (f) “Screening” means presumptive identification of unknown
  794  or unrecognized diseases or defects by the application of tests
  795  that can be given with ease and rapidity to apparently healthy
  796  persons.
  797         (11) School health programs funded by health care districts
  798  or entities defined in subsection (3) must be supplementary to
  799  and consistent with the requirements of this section and ss.
  800  381.0057 and 381.0059.
  801         Section 28. Subsections (2) through (7) of section
  802  381.0057, Florida Statutes, are renumbered as subsections (1)
  803  through (6), respectively, and present subsections (1), (4), and
  804  (6) of that section are amended to read:
  805         381.0057 Funding for school health services.—
  806         (1) It is the intent of the Legislature that funds in
  807  addition to those provided under the School Health Services Act
  808  be provided to those school districts and schools where there is
  809  a high incidence of medically underserved high-risk children,
  810  low birthweight babies, infant mortality, or teenage pregnancy.
  811  The purpose of this funding is to phase in those programs which
  812  offer the greatest potential for promoting the health of
  813  students and reducing teenage pregnancy.
  814         (3)(4) Any school district, school, or laboratory school
  815  which desires to receive state funding under the provisions of
  816  this section shall submit a proposal to the joint committee
  817  established in subsection (2) (3). The proposal shall state the
  818  goals of the program, provide specific plans for reducing
  819  teenage pregnancy, and describe all of the health services to be
  820  available to students with funds provided pursuant to this
  821  section, including a combination of initiatives such as health
  822  education, counseling, extracurricular, and self-esteem
  823  components. School health services shall not promote elective
  824  termination of pregnancy as a part of counseling services. Only
  825  those program proposals which have been developed jointly by
  826  county health departments and local school districts or schools,
  827  and which have community and parental support, shall be eligible
  828  for funding. Funding shall be available specifically for
  829  implementation of one of the following programs:
  830         (a) School health improvement pilot project.—The program
  831  shall include basic health care to an elementary school, middle
  832  school, and high school feeder system. Program services shall
  833  include, but not be limited to:
  834         1. Planning, implementing, and evaluating school health
  835  services. Staffing shall include a full-time, trained school
  836  health aide in each elementary, middle, and high school; one
  837  full-time nurse to supervise the aides in the elementary and
  838  middle schools; and one full-time nurse in each high school.
  839         2. Providing student health appraisals and identification
  840  of actual or potential health problems by screenings, nursing
  841  assessments, and record reviews.
  842         3. Expanding screening activities.
  843         4. Improving the student utilization of school health
  844  services.
  845         5. Coordinating health services for students with parents
  846  or guardians and other agencies in the community.
  847         (b) Student support services team program.—The program
  848  shall include a multidisciplinary team composed of a
  849  psychologist, social worker, and nurse whose responsibilities
  850  are to provide basic support services and to assist, in the
  851  school setting, children who exhibit mild to severely complex
  852  health, behavioral, or learning problems affecting their school
  853  performance. Support services shall include, but not be limited
  854  to: evaluation and treatment for minor illnesses and injuries,
  855  referral and followup for serious illnesses and emergencies,
  856  onsite care and consultation, referral to a physician, and
  857  followup care for pregnancy or chronic diseases and disorders as
  858  well as emotional or mental problems. Services also shall
  859  include referral care for drug and alcohol abuse and sexually
  860  transmitted diseases, sports and employment physicals,
  861  immunizations, and in addition, effective preventive services
  862  aimed at delaying early sexual involvement and aimed at
  863  pregnancy, acquired immune deficiency syndrome, sexually
  864  transmitted diseases, and destructive lifestyle conditions, such
  865  as alcohol and drug abuse. Moneys for this program shall be used
  866  to fund three teams, each consisting of one half-time
  867  psychologist, one full-time nurse, and one full-time social
  868  worker. Each team shall provide student support services to an
  869  elementary school, middle school, and high school that are a
  870  part of one feeder school system and shall coordinate all
  871  activities with the school administrator and guidance counselor
  872  at each school. A program which places all three teams in middle
  873  schools or high schools may also be proposed.
  874         (c) Full service schools.—The full-service schools shall
  875  integrate the services of the Department of Health that are
  876  critical to the continuity-of-care process. The department shall
  877  provide services to students on the school grounds. Department
  878  personnel shall provide their specialized services as an
  879  extension of the educational environment. Such services may
  880  include nutritional services, medical services, aid to dependent
  881  children, parenting skills, counseling for abused children, and
  882  education for the students’ parents or guardians.
  884  Funding may also be available for any other program that is
  885  comparable to a program described in this subsection but is
  886  designed to meet the particular needs of the community.
  887         (5)(6) Each school district or school program that is
  888  funded through the provisions of this section shall provide a
  889  mechanism through which a parent may, by written request, exempt
  890  a child from all or certain services provided by a school health
  891  services program described in subsection (3) (4).
  892         Section 29. Section 381.00591, Florida Statutes, is amended
  893  to read:
  894         381.00591 Department of Health; National Environmental
  895  Laboratory accreditation; application; rules.—The Department of
  896  Health may apply for and become a National Environmental
  897  Laboratory Accreditation Program accreditation body accrediting
  898  authority. The department, as an accrediting entity, may adopt
  899  rules pursuant to ss. 120.536(1) and 120.54, to implement
  900  standards of the National Environmental Laboratory Accreditation
  901  Program, including requirements for proficiency testing
  902  providers and other rules that are not inconsistent with this
  903  section, including rules pertaining to fees, application
  904  procedures, standards applicable to environmental or public
  905  water supply laboratories, and compliance.
  906         Section 30. Subsection (9) of section 381.00593, Florida
  907  Statutes, is renumbered as subsection (8), and present
  908  subsection (8) of that section is amended to read:
  909         381.00593 Public school volunteer health care practitioner
  910  program.—
  911         (8) The Department of Health, in cooperation with the
  912  Department of Education, may adopt rules necessary to implement
  913  this section. The rules shall include the forms to be completed
  914  and procedures to be followed by applicants and school personnel
  915  under the program.
  916         Section 31. Subsections (2) through (6) of section
  917  381.0062, Florida Statutes, are renumbered as subsections (1)
  918  through (5), respectively, and present subsections (1) and (4)
  919  of that section are amended to read:
  920         381.0062 Supervision; private and certain public water
  921  systems.—
  922         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  923  to protect the public’s health by establishing standards for the
  924  construction, modification, and operation of public and private
  925  water systems to assure consumers that the water provided by
  926  those systems is potable.
  927         (3)(4) RIGHT OF ENTRY.—For purposes of this section,
  928  department personnel may enter, at any reasonable time and if
  929  they have reasonable cause to believe a violation of this
  930  section is occurring or about to occur, upon any and all parts
  931  of the premises of such limited use public and multifamily
  932  drinking water systems, to make an examination and investigation
  933  to determine the sanitary and safety conditions of such systems.
  934  Any person who interferes with, hinders, or opposes any employee
  935  of the department in the discharge of his or her duties pursuant
  936  to the provisions of this section is subject to the penalties
  937  provided in s. 381.0025.
  938         Section 32. Subsections (1), (5), (6), and (7) of section
  939  381.0065, Florida Statues, are amended, paragraphs (b) through
  940  (p) of subsection (2) of that section are redesignated as
  941  paragraphs (c) through (q), respectively, a new paragraph (b) is
  942  added to that subsection, paragraphs (c) and (j) of subsection
  943  (3) and paragraphs (h), (n), and (o) of subsection (4) of that
  944  section are amended, and paragraphs (w) through (aa) are added
  945  to subsection (4) of that section, to read:
  946         381.0065 Onsite sewage treatment and disposal systems;
  947  regulation.—
  948         (1) LEGISLATIVE INTENT.—
  949         (a) It is the intent of the Legislature that proper
  950  management of onsite sewage treatment and disposal systems is
  951  paramount to the health, safety, and welfare of the public. It
  952  is further the intent of the Legislature that the department
  953  shall administer an evaluation program to ensure the operational
  954  condition of the system and identify any failure with the
  955  system.
  956         (b) It is the intent of the Legislature that where a
  957  publicly owned or investor-owned sewerage system is not
  958  available, the department shall issue permits for the
  959  construction, installation, modification, abandonment, or repair
  960  of onsite sewage treatment and disposal systems under conditions
  961  as described in this section and rules adopted under this
  962  section. It is further the intent of the Legislature that the
  963  installation and use of onsite sewage treatment and disposal
  964  systems not adversely affect the public health or significantly
  965  degrade the groundwater or surface water.
  966         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  967  term:
  968         (b)1. “Bedroom” means a room that can be used for sleeping
  969  and that:
  970         a. For site-built dwellings, has a minimum of 70 square
  971  feet of conditioned space;
  972         b. For manufactured homes, is constructed according to
  973  standards of the United States Department of Housing and Urban
  974  Development and has a minimum of 50 square feet of floor area;
  975         c. Is located along an exterior wall;
  976         d. Has a closet and a door or an entrance where a door
  977  could be reasonably installed; and
  978         e. Has an emergency means of escape and rescue opening to
  979  the outside.
  980         2. A room may not be considered a bedroom if it is used to
  981  access another room except a bathroom or closet.
  982         3. “Bedroom” does not include a hallway, bathroom, kitchen,
  983  living room, family room, dining room, den, breakfast nook,
  984  pantry, laundry room, sunroom, recreation room, media/video
  985  room, or exercise room.
  987  department shall:
  988         (c) Develop a comprehensive program to ensure that onsite
  989  sewage treatment and disposal systems regulated by the
  990  department are sized, designed, constructed, installed,
  991  repaired, modified, abandoned, used, operated, and maintained in
  992  compliance with this section and rules adopted under this
  993  section to prevent groundwater contamination and surface water
  994  contamination and to preserve the public health. The department
  995  is the final administrative interpretive authority regarding
  996  rule interpretation. In the event of a conflict regarding rule
  997  interpretation, the State Surgeon General Division Director for
  998  Environmental Health of the department, or his or her designee,
  999  shall timely assign a staff person to resolve the dispute.
 1000         (j) Supervise research on, demonstration of, and training
 1001  on the performance, environmental impact, and public health
 1002  impact of onsite sewage treatment and disposal systems within
 1003  this state. Research fees collected under s. 381.0066(2)(k)
 1004  381.0066(2)(l) must be used to develop and fund hands-on
 1005  training centers designed to provide practical information about
 1006  onsite sewage treatment and disposal systems to septic tank
 1007  contractors, master septic tank contractors, contractors,
 1008  inspectors, engineers, and the public and must also be used to
 1009  fund research projects which focus on improvements of onsite
 1010  sewage treatment and disposal systems, including use of
 1011  performance-based standards and reduction of environmental
 1012  impact. Research projects shall be initially approved by the
 1013  technical review and advisory panel and shall be applicable to
 1014  and reflect the soil conditions specific to Florida. Such
 1015  projects shall be awarded through competitive negotiation, using
 1016  the procedures provided in s. 287.055, to public or private
 1017  entities that have experience in onsite sewage treatment and
 1018  disposal systems in Florida and that are principally located in
 1019  Florida. Research projects shall not be awarded to firms or
 1020  entities that employ or are associated with persons who serve on
 1021  either the technical review and advisory panel or the research
 1022  review and advisory committee.
 1023         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 1024  construct, repair, modify, abandon, or operate an onsite sewage
 1025  treatment and disposal system without first obtaining a permit
 1026  approved by the department. The department may issue permits to
 1027  carry out this section, but shall not make the issuance of such
 1028  permits contingent upon prior approval by the Department of
 1029  Environmental Protection, except that the issuance of a permit
 1030  for work seaward of the coastal construction control line
 1031  established under s. 161.053 shall be contingent upon receipt of
 1032  any required coastal construction control line permit from the
 1033  Department of Environmental Protection. A construction permit is
 1034  valid for 18 months from the issuance date and may be extended
 1035  by the department for one 90-day period under rules adopted by
 1036  the department. A repair permit is valid for 90 days from the
 1037  date of issuance. An operating permit must be obtained prior to
 1038  the use of any aerobic treatment unit or if the establishment
 1039  generates commercial waste. Buildings or establishments that use
 1040  an aerobic treatment unit or generate commercial waste shall be
 1041  inspected by the department at least annually to assure
 1042  compliance with the terms of the operating permit. The operating
 1043  permit for a commercial wastewater system is valid for 1 year
 1044  from the date of issuance and must be renewed annually. The
 1045  operating permit for an aerobic treatment unit is valid for 2
 1046  years from the date of issuance and must be renewed every 2
 1047  years. If all information pertaining to the siting, location,
 1048  and installation conditions or repair of an onsite sewage
 1049  treatment and disposal system remains the same, a construction
 1050  or repair permit for the onsite sewage treatment and disposal
 1051  system may be transferred to another person, if the transferee
 1052  files, within 60 days after the transfer of ownership, an
 1053  amended application providing all corrected information and
 1054  proof of ownership of the property. There is no fee associated
 1055  with the processing of this supplemental information. A person
 1056  may not contract to construct, modify, alter, repair, service,
 1057  abandon, or maintain any portion of an onsite sewage treatment
 1058  and disposal system without being registered under part III of
 1059  chapter 489. A property owner who personally performs
 1060  construction, maintenance, or repairs to a system serving his or
 1061  her own owner-occupied single-family residence is exempt from
 1062  registration requirements for performing such construction,
 1063  maintenance, or repairs on that residence, but is subject to all
 1064  permitting requirements. A municipality or political subdivision
 1065  of the state may not issue a building or plumbing permit for any
 1066  building that requires the use of an onsite sewage treatment and
 1067  disposal system unless the owner or builder has received a
 1068  construction permit for such system from the department. A
 1069  building or structure may not be occupied and a municipality,
 1070  political subdivision, or any state or federal agency may not
 1071  authorize occupancy until the department approves the final
 1072  installation of the onsite sewage treatment and disposal system.
 1073  A municipality or political subdivision of the state may not
 1074  approve any change in occupancy or tenancy of a building that
 1075  uses an onsite sewage treatment and disposal system until the
 1076  department has reviewed the use of the system with the proposed
 1077  change, approved the change, and amended the operating permit.
 1078         (h) 1. The department may grant variances in hardship cases
 1079  which may be less restrictive than the provisions specified in
 1080  this section. If a variance is granted and the onsite sewage
 1081  treatment and disposal system construction permit has been
 1082  issued, the variance may be transferred with the system
 1083  construction permit, if the transferee files, within 60 days
 1084  after the transfer of ownership, an amended construction permit
 1085  application providing all corrected information and proof of
 1086  ownership of the property and if the same variance would have
 1087  been required for the new owner of the property as was
 1088  originally granted to the original applicant for the variance.
 1089  There is no fee associated with the processing of this
 1090  supplemental information. A variance may not be granted under
 1091  this section until the department is satisfied that:
 1092         a. The hardship was not caused intentionally by the action
 1093  of the applicant;
 1094         b. No reasonable alternative, taking into consideration
 1095  factors such as cost, exists for the treatment of the sewage;
 1096  and
 1097         c. The discharge from the onsite sewage treatment and
 1098  disposal system will not adversely affect the health of the
 1099  applicant or the public or significantly degrade the groundwater
 1100  or surface waters.
 1102  Where soil conditions, water table elevation, and setback
 1103  provisions are determined by the department to be satisfactory,
 1104  special consideration must be given to those lots platted before
 1105  1972.
 1106         2. The department shall appoint and staff a variance review
 1107  and advisory committee, which shall meet monthly to recommend
 1108  agency action on variance requests. The committee shall make its
 1109  recommendations on variance requests at the meeting in which the
 1110  application is scheduled for consideration, except for an
 1111  extraordinary change in circumstances, the receipt of new
 1112  information that raises new issues, or when the applicant
 1113  requests an extension. The committee shall consider the criteria
 1114  in subparagraph 1. in its recommended agency action on variance
 1115  requests and shall also strive to allow property owners the full
 1116  use of their land where possible. The committee consists of the
 1117  following:
 1118         a. The State Surgeon General, Division Director for
 1119  Environmental Health of the department or his or her designee.
 1120         b. A representative from the county health departments.
 1121         c. A representative from the home building industry
 1122  recommended by the Florida Home Builders Association.
 1123         d. A representative from the septic tank industry
 1124  recommended by the Florida Onsite Wastewater Association.
 1125         e. A representative from the Department of Environmental
 1126  Protection.
 1127         f. A representative from the real estate industry who is
 1128  also a developer in this state who develops lots using onsite
 1129  sewage treatment and disposal systems, recommended by the
 1130  Florida Association of Realtors.
 1131         g. A representative from the engineering profession
 1132  recommended by the Florida Engineering Society.
 1134  Members shall be appointed for a term of 3 years, with such
 1135  appointments being staggered so that the terms of no more than
 1136  two members expire in any one year. Members shall serve without
 1137  remuneration, but if requested, shall be reimbursed for per diem
 1138  and travel expenses as provided in s. 112.061.
 1139         (n) Evaluations for determining the seasonal high-water
 1140  table elevations or the suitability of soils for the use of a
 1141  new onsite sewage treatment and disposal system shall be
 1142  performed by department personnel, professional engineers
 1143  registered in the state, or such other persons with expertise,
 1144  as defined by rule, in making such evaluations. Evaluations for
 1145  determining mean annual flood lines shall be performed by those
 1146  persons identified in paragraph (2)(j) (2)(i). The department
 1147  shall accept evaluations submitted by professional engineers and
 1148  such other persons as meet the expertise established by this
 1149  section or by rule unless the department has a reasonable
 1150  scientific basis for questioning the accuracy or completeness of
 1151  the evaluation.
 1152         (o) The department shall appoint a research review and
 1153  advisory committee, which shall meet at least semiannually. The
 1154  committee shall advise the department on directions for new
 1155  research, review and rank proposals for research contracts, and
 1156  review draft research reports and make comments. The committee
 1157  is comprised of:
 1158         1. A representative of the State Surgeon General, or his or
 1159  her designee Division of Environmental Health of the Department
 1160  of Health.
 1161         2. A representative from the septic tank industry.
 1162         3. A representative from the home building industry.
 1163         4. A representative from an environmental interest group.
 1164         5. A representative from the State University System, from
 1165  a department knowledgeable about onsite sewage treatment and
 1166  disposal systems.
 1167         6. A professional engineer registered in this state who has
 1168  work experience in onsite sewage treatment and disposal systems.
 1169         7. A representative from local government who is
 1170  knowledgeable about domestic wastewater treatment.
 1171         8. A representative from the real estate profession.
 1172         9. A representative from the restaurant industry.
 1173         10. A consumer.
 1175  Members shall be appointed for a term of 3 years, with the
 1176  appointments being staggered so that the terms of no more than
 1177  four members expire in any one year. Members shall serve without
 1178  remuneration, but are entitled to reimbursement for per diem and
 1179  travel expenses as provided in s. 112.061.
 1180         (w) Any permit issued and approved by the department for
 1181  the installation, modification, or repair of an onsite sewage
 1182  treatment and disposal system shall transfer with the title to
 1183  the property in a real estate transaction. A title may not be
 1184  encumbered at the time of transfer by new permit requirements by
 1185  a governmental entity for an onsite sewage treatment and
 1186  disposal system which differ from the permitting requirements in
 1187  effect at the time the system was permitted, modified, or
 1188  repaired. An inspection of a system may not be mandated by a
 1189  governmental entity at the point of sale in a real estate
 1190  transaction. This paragraph does not affect a septic tank phase
 1191  out deferral program implemented by a consolidated government as
 1192  defined in s. 9, Art. VIII of the State Constitution.
 1193         (x) A governmental entity, including a municipality,
 1194  county, or statutorily created commission, may not require an
 1195  engineer-designed performance-based treatment system, excluding
 1196  a passive engineer-designed performance-based treatment system,
 1197  before the completion of the Florida Onsite Sewage Nitrogen
 1198  Reduction Strategies Project. This paragraph does not apply to a
 1199  governmental entity, including a municipality, county, or
 1200  statutorily created commission, which adopted a local law,
 1201  ordinance, or regulation on or before January 31, 2012.
 1202  Notwithstanding this paragraph, an engineer-designed
 1203  performance-based treatment system may be used to meet the
 1204  requirements of the variance review and advisory committee
 1205  recommendations.
 1206         (y)1. An onsite sewage treatment and disposal system is not
 1207  considered abandoned if the system is disconnected from a
 1208  structure that was made unusable or destroyed following a
 1209  disaster and if the system was properly functioning at the time
 1210  of disconnection and not adversely affected by the disaster. The
 1211  onsite sewage treatment and disposal system may be reconnected
 1212  to a rebuilt structure if:
 1213         a. The reconnection of the system is to the same type of
 1214  structure which contains the same number of bedrooms or fewer,
 1215  if the square footage of the structure is less than or equal to
 1216  110 percent of the original square footage of the structure that
 1217  existed before the disaster;
 1218         b. The system is not a sanitary nuisance; and
 1219         c. The system has not been altered without prior
 1220  authorization.
 1221         2. An onsite sewage treatment and disposal system that
 1222  serves a property that is foreclosed upon is not considered
 1223  abandoned.
 1224         (z) If an onsite sewage treatment and disposal system
 1225  permittee receives, relies upon, and undertakes construction of
 1226  a system based upon a validly issued construction permit under
 1227  rules applicable at the time of construction but a change to a
 1228  rule occurs within 5 years after the approval of the system for
 1229  construction but before the final approval of the system, the
 1230  rules applicable and in effect at the time of construction
 1231  approval apply at the time of final approval if fundamental site
 1232  conditions have not changed between the time of construction
 1233  approval and final approval.
 1234         (aa) A modification, replacement, or upgrade of an onsite
 1235  sewage treatment and disposal system is not required for a
 1236  remodeling addition to a single-family home if a bedroom is not
 1237  added.
 1239         (a) Beginning July 1, 2011, the department shall administer
 1240  an onsite sewage treatment and disposal system evaluation
 1241  program for the purpose of assessing the fundamental operational
 1242  condition of systems and identifying any failures within the
 1243  systems. The department shall adopt rules implementing the
 1244  program standards, procedures, and requirements, including, but
 1245  not limited to, a schedule for a 5-year evaluation cycle,
 1246  requirements for the pump-out of a system or repair of a failing
 1247  system, enforcement procedures for failure of a system owner to
 1248  obtain an evaluation of the system, and failure of a contractor
 1249  to timely submit evaluation results to the department and the
 1250  system owner. The department shall ensure statewide
 1251  implementation of the evaluation and assessment program by
 1252  January 1, 2016.
 1253         (b) Owners of an onsite sewage treatment and disposal
 1254  system, excluding a system that is required to obtain an
 1255  operating permit, shall have the system evaluated at least once
 1256  every 5 years to assess the fundamental operational condition of
 1257  the system, and identify any failure within the system.
 1258         (c) All evaluation procedures must be documented and
 1259  nothing in this subsection limits the amount of detail an
 1260  evaluator may provide at his or her professional discretion. The
 1261  evaluation must include a tank and drainfield evaluation, a
 1262  written assessment of the condition of the system, and, if
 1263  necessary, a disclosure statement pursuant to the department’s
 1264  procedure.
 1265         (d)1. Systems being evaluated that were installed prior to
 1266  January 1, 1983, shall meet a minimum 6-inch separation from the
 1267  bottom of the drainfield to the wettest season water table
 1268  elevation as defined by department rule. All drainfield repairs,
 1269  replacements or modifications to systems installed prior to
 1270  January 1, 1983, shall meet a minimum 12-inch separation from
 1271  the bottom of the drainfield to the wettest season water table
 1272  elevation as defined by department rule.
 1273         2. Systems being evaluated that were installed on or after
 1274  January 1, 1983, shall meet a minimum 12-inch separation from
 1275  the bottom of the drainfield to the wettest season water table
 1276  elevation as defined by department rule. All drainfield repairs,
 1277  replacements or modification to systems developed on or after
 1278  January 1, 1983, shall meet a minimum 24-inch separation from
 1279  the bottom of the drainfield to the wettest season water table
 1280  elevation.
 1281         (e) If documentation of a tank pump-out or a permitted new
 1282  installation, repair, or modification of the system within the
 1283  previous 5 years is provided, and states the capacity of the
 1284  tank and indicates that the condition of the tank is not a
 1285  sanitary or public health nuisance pursuant to department rule,
 1286  a pump-out of the system is not required.
 1287         (f) Owners are responsible for paying the cost of any
 1288  required pump-out, repair, or replacement pursuant to department
 1289  rule, and may not request partial evaluation or the omission of
 1290  portions of the evaluation.
 1291         (g) Each evaluation or pump-out required under this
 1292  subsection must be performed by a septic tank contractor or
 1293  master septic tank contractor registered under part III of
 1294  chapter 489, a professional engineer with wastewater treatment
 1295  system experience licensed pursuant to chapter 471, or an
 1296  environmental health professional certified under chapter 381 in
 1297  the area of onsite sewage treatment and disposal system
 1298  evaluation.
 1299         (h) The evaluation report fee collected pursuant to s.
 1300  381.0066(2)(b) shall be remitted to the department by the
 1301  evaluator at the time the report is submitted.
 1302         (i) Prior to any evaluation deadline, the department must
 1303  provide a minimum of 60 days’ notice to owners that their
 1304  systems must be evaluated by that deadline. The department may
 1305  include a copy of any homeowner educational materials developed
 1306  pursuant to this section which provides information on the
 1307  proper maintenance of onsite sewage treatment and disposal
 1308  systems.
 1310         (a) Department personnel who have reason to believe
 1311  noncompliance exists, may at any reasonable time, enter the
 1312  premises permitted under ss. 381.0065-381.0066, or the business
 1313  premises of any septic tank contractor or master septic tank
 1314  contractor registered under part III of chapter 489, or any
 1315  premises that the department has reason to believe is being
 1316  operated or maintained not in compliance, to determine
 1317  compliance with the provisions of this section, part I of
 1318  chapter 386, or part III of chapter 489 or rules or standards
 1319  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 1320  part III of chapter 489. As used in this paragraph, the term
 1321  “premises” does not include a residence or private building. To
 1322  gain entry to a residence or private building, the department
 1323  must obtain permission from the owner or occupant or secure an
 1324  inspection warrant from a court of competent jurisdiction.
 1325         (b)1. The department may issue citations that may contain
 1326  an order of correction or an order to pay a fine, or both, for
 1327  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 1328  part III of chapter 489 or the rules adopted by the department,
 1329  when a violation of these sections or rules is enforceable by an
 1330  administrative or civil remedy, or when a violation of these
 1331  sections or rules is a misdemeanor of the second degree. A
 1332  citation issued under ss. 381.0065-381.0067, part I of chapter
 1333  386, or part III of chapter 489 constitutes a notice of proposed
 1334  agency action.
 1335         2. A citation must be in writing and must describe the
 1336  particular nature of the violation, including specific reference
 1337  to the provisions of law or rule allegedly violated.
 1338         3. The fines imposed by a citation issued by the department
 1339  may not exceed $500 for each violation. Each day the violation
 1340  exists constitutes a separate violation for which a citation may
 1341  be issued.
 1342         4. The department shall inform the recipient, by written
 1343  notice pursuant to ss. 120.569 and 120.57, of the right to an
 1344  administrative hearing to contest the citation within 21 days
 1345  after the date the citation is received. The citation must
 1346  contain a conspicuous statement that if the recipient fails to
 1347  pay the fine within the time allowed, or fails to appear to
 1348  contest the citation after having requested a hearing, the
 1349  recipient has waived the recipient’s right to contest the
 1350  citation and must pay an amount up to the maximum fine.
 1351         5. The department may reduce or waive the fine imposed by
 1352  the citation. In determining whether to reduce or waive the
 1353  fine, the department must consider the gravity of the violation,
 1354  the person’s attempts at correcting the violation, and the
 1355  person’s history of previous violations including violations for
 1356  which enforcement actions were taken under ss. 381.0065
 1357  381.0067, part I of chapter 386, part III of chapter 489, or
 1358  other provisions of law or rule.
 1359         6. Any person who willfully refuses to sign and accept a
 1360  citation issued by the department commits a misdemeanor of the
 1361  second degree, punishable as provided in s. 775.082 or s.
 1362  775.083.
 1363         7. The department, pursuant to ss. 381.0065-381.0067, part
 1364  I of chapter 386, or part III of chapter 489, shall deposit any
 1365  fines it collects in the county health department trust fund for
 1366  use in providing services specified in those sections.
 1367         8. This section provides an alternative means of enforcing
 1368  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 1369  chapter 489. This section does not prohibit the department from
 1370  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 1371  III of chapter 489, or its rules, by any other means. However,
 1372  the department must elect to use only a single method of
 1373  enforcement for each violation.
 1374         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 1375  January 1, 2016, the land application of septage from onsite
 1376  sewage treatment and disposal systems is prohibited. By February
 1377  1, 2011, the department, in consultation with the Department of
 1378  Environmental Protection, shall provide a report to the
 1379  Governor, the President of the Senate, and the Speaker of the
 1380  House of Representatives, recommending alternative methods to
 1381  establish enhanced treatment levels for the land application of
 1382  septage from onsite sewage and disposal systems. The report
 1383  shall include, but is not limited to, a schedule for the
 1384  reduction in land application, appropriate treatment levels,
 1385  alternative methods for treatment and disposal, enhanced
 1386  application site permitting requirements including any
 1387  requirements for nutrient management plans, and the range of
 1388  costs to local governments, affected businesses, and individuals
 1389  for alternative treatment and disposal methods. The report shall
 1390  also include any recommendations for legislation or rule
 1391  authority needed to reduce land application of septage.
 1392         Section 33. Section 381.00651, Florida Statutes, is created
 1393  to read:
 1394         381.00651 Periodic evaluation and assessment of onsite
 1395  sewage treatment and disposal systems.—
 1396         (1) For the purposes of this section, the term “first
 1397  magnitude spring” means a spring that has a median water
 1398  discharge of greater than or equal to 100 cubic feet per second
 1399  for the period of record, as determined by the Department of
 1400  Environmental Protection.
 1401         (2) A county or municipality that contains a first
 1402  magnitude spring shall, by no later than January 1, 2013,
 1403  develop and adopt by local ordinance an onsite sewage treatment
 1404  and disposal system evaluation and assessment program that meets
 1405  the requirements of this section. The ordinance may apply within
 1406  all or part of its geographic area. Those counties or
 1407  municipalities containing a first magnitude spring which have
 1408  already adopted an onsite sewage treatment and disposal system
 1409  evaluation and assessment program and which meet the
 1410  grandfathering requirements contained in this section, or have
 1411  chosen to opt out of this section in the manner provided herein,
 1412  are exempt from the requirement to adopt an ordinance
 1413  implementing an evaluation and assessment program. The governing
 1414  body of a local government that chooses to opt out of this
 1415  section, by a 60 percent vote of the voting members of the
 1416  governing board, shall do so by adopting a resolution that
 1417  indicates an intent on the part of such local government not to
 1418  adopt an onsite sewage treatment and disposal system evaluation
 1419  and assessment program. Such resolution shall be addressed and
 1420  transmitted to the Secretary of State. Absent an interlocal
 1421  agreement or county charter provision to the contrary, a
 1422  municipality may elect to opt out of the requirements of this
 1423  section, by a 60 percent vote of the voting members of the
 1424  governing board, notwithstanding a contrary decision of the
 1425  governing body of a county. Any local government that has
 1426  properly opted out of this section but subsequently chooses to
 1427  adopt an evaluation and assessment program may do so only
 1428  pursuant to the requirements of this section and may not deviate
 1429  from such requirements.
 1430         (3)Any county or municipality that does not contain a
 1431  first magnitude spring may at any time develop and adopt by
 1432  local ordinance an onsite sewage treatment and disposal system
 1433  evaluation and assessment program, provided such program meets
 1434  and does not deviate from the requirements of this section.
 1435         (4)Notwithstanding any other provision in this section, a
 1436  county or municipality that has adopted a program before July 1,
 1437  2011, may continue to enforce its current program without having
 1438  to meet the requirements of this section, provided such program
 1439  does not require an evaluation at the point of sale in a real
 1440  estate transaction.
 1441         (5)Any county or municipality may repeal an ordinance
 1442  adopted pursuant to this section only if the county or
 1443  municipality notifies the Secretary of State by letter of the
 1444  repeal. No county or municipality may adopt an onsite sewage
 1445  treatment and disposal system evaluation and assessment program
 1446  except pursuant to this section.
 1447         (6)The requirements for an onsite sewage treatment and
 1448  disposal system evaluation and assessment program are as
 1449  follows:
 1450         (a) Evaluations.—An evaluation of each onsite sewage
 1451  treatment and disposal system within all or part of the county’s
 1452  or municipality’s jurisdiction must take place once every 5
 1453  years to assess the fundamental operational condition of the
 1454  system and to identify system failures. The ordinance may not
 1455  mandate an evaluation at the point of sale in a real estate
 1456  transaction and may not require a soil examination. The location
 1457  of the system shall be identified. A tank and drainfield
 1458  evaluation and a written assessment of the overall condition of
 1459  the system pursuant to the assessment procedure prescribed in
 1460  subsection (7) are required.
 1461         (b) Qualified contractors.—Each evaluation required under
 1462  this subsection must be performed by a qualified contractor, who
 1463  may be a septic tank contractor or master septic tank contractor
 1464  registered under part III of chapter 489, a professional
 1465  engineer having wastewater treatment system experience and
 1466  licensed under chapter 471, or an environmental health
 1467  professional certified under this chapter in the area of onsite
 1468  sewage treatment and disposal system evaluation. Evaluations and
 1469  pump-outs may also be performed by an authorized employee
 1470  working under the supervision of an individual listed in this
 1471  paragraph; however, all evaluation forms must be signed by a
 1472  qualified contractor in writing or by electronic signature.
 1473         (c) Repair of systems.—The local ordinance may not require
 1474  a repair, modification, or replacement of a system as a result
 1475  of an evaluation unless the evaluation identifies a system
 1476  failure. For purposes of this subsection, the term “system
 1477  failure” means a condition existing within an onsite sewage
 1478  treatment and disposal system which results in the discharge of
 1479  untreated or partially treated wastewater onto the ground
 1480  surface or into surface water or that results in the failure of
 1481  building plumbing to discharge properly and presents a sanitary
 1482  nuisance. A system is not in failure if the system does not have
 1483  a minimum separation distance between the drainfield and the
 1484  wettest season water table or if an obstruction in a sanitary
 1485  line or an effluent screen or filter prevents effluent from
 1486  flowing into a drainfield. If a system failure is identified and
 1487  several allowable remedial measures are available to resolve the
 1488  failure, the system owner may choose the least costly allowable
 1489  remedial measure to fix the system. There may be instances in
 1490  which a pump-out is sufficient to resolve a system failure.
 1491  Allowable remedial measures to resolve a system failure are
 1492  limited to what is necessary to resolve the failure and must
 1493  meet, to the maximum extent practicable, the requirements of the
 1494  repair code in effect when the repair is made, subject to the
 1495  exceptions specified in s. 381.0065(4)(g). An engineer-designed
 1496  performance-based treatment system to reduce nutrients may not
 1497  be required as an alternative remediation measure to resolve the
 1498  failure of a conventional system.
 1499         (d) Exemptions.
 1500         1. The local ordinance shall exempt from the evaluation
 1501  requirements any system that is required to obtain an operating
 1502  permit pursuant to state law or that is inspected by the
 1503  department pursuant to the annual permit inspection requirements
 1504  of chapter 513.
 1505         2. The local ordinance may provide for an exemption or an
 1506  extension of time to obtain an evaluation and assessment if
 1507  connection to a sewer system is available, connection to the
 1508  sewer system is imminent, and written arrangements for payment
 1509  of any utility assessments or connection fees have been made by
 1510  the system owner.
 1511         3. An onsite sewage treatment and disposal system serving a
 1512  residential dwelling unit on a lot with a ratio of one bedroom
 1513  per acre or greater is exempt from the requirements of this
 1514  section and may not be included in any onsite sewage treatment
 1515  and disposal system inspection program.
 1516         (7) The following procedures shall be used for conducting
 1517  evaluations:
 1518         (a) Tank evaluation.—The tank evaluation shall assess the
 1519  apparent structural condition and watertightness of the tank and
 1520  shall estimate the size of the tank. The evaluation must include
 1521  a pump-out. However, an ordinance may not require a pump-out if
 1522  there is documentation indicating that a tank pump-out or a
 1523  permitted new installation, repair, or modification of the
 1524  system has occurred within the previous 5 years, identifying the
 1525  capacity of the tank, and indicating that the condition of the
 1526  tank is structurally sound and watertight. Visual inspection of
 1527  the tank must be made when the tank is empty to detect cracks,
 1528  leaks, or other defects. Baffles or tees must be checked to
 1529  ensure that they are intact and secure. The evaluation shall
 1530  note the presence and condition of outlet devices, effluent
 1531  filters, and compartment walls; any structural defect in the
 1532  tank; the condition and fit of the tank lid, including manholes;
 1533  whether surface water can infiltrate the tank; and whether the
 1534  tank was pumped out. If the tank, in the opinion of the
 1535  qualified contractor, is in danger of being damaged by leaving
 1536  the tank empty after inspection, the tank shall be refilled
 1537  before concluding the inspection. Broken or damaged lids or
 1538  manholes shall be replaced without obtaining a repair permit.
 1539         (b) Drainfield evaluation.—The drainfield evaluation must
 1540  include a determination of the approximate size and location of
 1541  the drainfield. The evaluation shall state whether there is any
 1542  sewage or effluent visible on the ground or discharging to a
 1543  ditch or other water body and the location of any downspout or
 1544  other source of water near or in the vicinity of the drainfield.
 1545         (c) Special circumstances.—If the system contains pumps,
 1546  siphons, or alarms, the following information may be provided at
 1547  the request of the homeowner:
 1548         1. An assessment of dosing tank integrity, including the
 1549  approximate volume and the type of material used in the tank’s
 1550  construction;
 1551         2. Whether the pump is elevated off the bottom of the
 1552  chamber and its operational status;
 1553         3. Whether the system has a check valve and purge hole; and
 1554         4. Whether the system has a high-water alarm, and if so
 1555  whether the alarm is audio or visual or both, the location and
 1556  operational condition of the alarm, and whether the electrical
 1557  connections to the alarm appear satisfactory.
 1559  If the homeowner does not request this information, the
 1560  qualified contractor and its employee are not liable for any
 1561  damages directly relating from a failure of the system’s pumps,
 1562  siphons, or alarms. This exclusion of liability must be stated
 1563  on the front cover of the report required under paragraph (d).
 1564         (d) Assessment procedure.—All evaluation procedures used by
 1565  a qualified contractor shall be documented in the environmental
 1566  health database of the Department of Health. The qualified
 1567  contractor shall provide a copy of a written, signed evaluation
 1568  report to the property owner upon completion of the evaluation
 1569  and to the county health department within 30 days after the
 1570  evaluation. The report shall contain the name and license number
 1571  of the company providing the report. A copy of the evaluation
 1572  report shall be retained by the local county health department
 1573  for a minimum of 5 years and until a subsequent inspection
 1574  report is filed. The front cover of the report must identify any
 1575  system failure and include a clear and conspicuous notice to the
 1576  owner that the owner has a right to have any remediation of the
 1577  failure performed by a qualified contractor other than the
 1578  contractor performing the evaluation. The report must further
 1579  identify any crack, leak, improper fit, or other defect in the
 1580  tank, manhole, or lid, and any other damaged or missing
 1581  component; any sewage or effluent visible on the ground or
 1582  discharging to a ditch or other surface water body; any
 1583  downspout, stormwater, or other source of water directed onto or
 1584  toward the system; and any other maintenance need or condition
 1585  of the system at the time of the evaluation which, in the
 1586  opinion of the qualified contractor, would possibly interfere
 1587  with or restrict any future repair or modification to the
 1588  existing system. The report shall conclude with an overall
 1589  assessment of the fundamental operational condition of the
 1590  system.
 1591         (8) The county health department shall administer any
 1592  evaluation program on behalf of a county, or a municipality
 1593  within the county, that has adopted an evaluation program
 1594  pursuant to this section. In order to administer the evaluation
 1595  program, the county or municipality, in consultation with the
 1596  county health department, may develop a reasonable fee schedule
 1597  to be used solely to pay for the costs of administering the
 1598  evaluation program. Such a fee schedule shall be identified in
 1599  the ordinance that adopts the evaluation program. When arriving
 1600  at a reasonable fee schedule, the estimated annual revenues to
 1601  be derived from fees may not exceed reasonable estimated annual
 1602  costs of the program. Fees shall be assessed to the system owner
 1603  during an inspection and separately identified on the invoice of
 1604  the qualified contractor. Fees shall be remitted by the
 1605  qualified contractor to the county health department. The county
 1606  health department’s administrative responsibilities include the
 1607  following:
 1608         (a) Providing a notice to the system owner at least 60 days
 1609  before the system is due for an evaluation. The notice may
 1610  include information on the proper maintenance of onsite sewage
 1611  treatment and disposal systems.
 1612         (b) In consultation with the Department of Health,
 1613  providing uniform disciplinary procedures and penalties for
 1614  qualified contractors who do not comply with the requirements of
 1615  the adopted ordinance, including, but not limited to, failure to
 1616  provide the evaluation report as required in this subsection to
 1617  the system owner and the county health department. Only the
 1618  county health department may assess penalties against system
 1619  owners for failure to comply with the adopted ordinance,
 1620  consistent with existing requirements of law.
 1621         (9)(a) A county or municipality that adopts an onsite
 1622  sewage treatment and disposal system evaluation and assessment
 1623  program pursuant to this section shall notify the Secretary of
 1624  Environmental Protection, the Department of Health, and the
 1625  applicable county health department upon the adoption of its
 1626  ordinance establishing the program.
 1627         (b) Upon receipt of the notice under paragraph (a), the
 1628  Department of Environmental Protection shall, within existing
 1629  resources, notify the county or municipality of the potential
 1630  use of, and access to, program funds under the Clean Water State
 1631  Revolving Fund or s. 319 of the Clean Water Act, provide
 1632  guidance in the application process to receive such moneys, and
 1633  provide advice and technical assistance to the county or
 1634  municipality on how to establish a low-interest revolving loan
 1635  program or how to model a revolving loan program after the low
 1636  interest loan program of the Clean Water State Revolving Fund.
 1637  This paragraph does not obligate the Department of Environmental
 1638  Protection to provide any county or municipality with money to
 1639  fund such programs.
 1640         (c) The Department of Health may not adopt any rule that
 1641  alters the provisions of this section.
 1642         (d) The Department of Health must allow county health
 1643  departments and qualified contractors access to the
 1644  environmental health database to track relevant information and
 1645  assimilate data from assessment and evaluation reports of the
 1646  overall condition of onsite sewage treatment and disposal
 1647  systems. The environmental health database must be used by
 1648  contractors to report each service and evaluation event and by a
 1649  county health department to notify owners of onsite sewage
 1650  treatment and disposal systems when evaluations are due. Data
 1651  and information must be recorded and updated as service and
 1652  evaluations are conducted and reported.
 1653         (10) This section does not:
 1654         (a) Limit county and municipal home rule authority to act
 1655  outside the scope of the evaluation and assessment program set
 1656  forth in this section;
 1657         (b) Repeal or affect any other law relating to the subject
 1658  matter of onsite sewage treatment and disposal systems; or
 1659         (c) Prohibit a county or municipality from:
 1660         1. Enforcing existing ordinances or adopting new ordinances
 1661  relating to onsite sewage treatment facilities to address public
 1662  health and safety if such ordinances do not repeal, suspend, or
 1663  alter the requirements or limitations of this section.
 1664         2. Adopting local environmental and pollution abatement
 1665  ordinances for water quality improvement as provided for by law
 1666  if such ordinances do not repeal, suspend, or alter the
 1667  requirements or limitations of this section.
 1668         3. Exercising its independent and existing authority to
 1669  meet the requirements of s. 381.0065.
 1670         Section 34. Section 381.00656, Florida Statutes, is
 1671  repealed.
 1672         Section 35. Subsection (2) of section 381.0066, Florida
 1673  Statutes, is amended to read:
 1674         381.0066 Onsite sewage treatment and disposal systems;
 1675  fees.—
 1676         (2) The minimum fees in the following fee schedule apply
 1677  until changed by rule by the department within the following
 1678  limits:
 1679         (a) Application review, permit issuance, or system
 1680  inspection, including repair of a subsurface, mound, filled, or
 1681  other alternative system or permitting of an abandoned system: a
 1682  fee of not less than $25, or more than $125.
 1683         (b) A 5-year evaluation report submitted pursuant to s.
 1684  381.0065(5): a fee not less than $15, or more than $30. At least
 1685  $1 and no more than $5 collected pursuant to this paragraph
 1686  shall be used to fund a grant program established under s.
 1687  381.00656.
 1688         (b)(c) Site evaluation, site reevaluation, evaluation of a
 1689  system previously in use, or a per annum septage disposal site
 1690  evaluation: a fee of not less than $40, or more than $115.
 1691         (c)(d) Biennial Operating permit for aerobic treatment
 1692  units or performance-based treatment systems: a fee of not more
 1693  than $100.
 1694         (d)(e) Annual operating permit for systems located in areas
 1695  zoned for industrial manufacturing or equivalent uses or where
 1696  the system is expected to receive wastewater which is not
 1697  domestic in nature: a fee of not less than $150, or more than
 1698  $300.
 1699         (e)(f) Innovative technology: a fee not to exceed $25,000.
 1700         (f)(g) Septage disposal service, septage stabilization
 1701  facility, portable or temporary toilet service, tank
 1702  manufacturer inspection: a fee of not less than $25, or more
 1703  than $200, per year.
 1704         (g)(h) Application for variance: a fee of not less than
 1705  $150, or more than $300.
 1706         (h)(i) Annual operating permit for waterless, incinerating,
 1707  or organic waste composting toilets: a fee of not less than $15
 1708  $50, or more than $30 $150.
 1709         (i)(j) Aerobic treatment unit or performance-based
 1710  treatment system maintenance entity permit: a fee of not less
 1711  than $25, or more than $150, per year.
 1712         (j)(k) Reinspection fee per visit for site inspection after
 1713  system construction approval or for noncompliant system
 1714  installation per site visit: a fee of not less than $25, or more
 1715  than $100.
 1716         (k)(l) Research: An additional $5 fee shall be added to
 1717  each new system construction permit issued to be used to fund
 1718  onsite sewage treatment and disposal system research,
 1719  demonstration, and training projects. Five dollars from any
 1720  repair permit fee collected under this section shall be used for
 1721  funding the hands-on training centers described in s.
 1722  381.0065(3)(j).
 1723         (l)(m) Annual operating permit, including annual inspection
 1724  and any required sampling and laboratory analysis of effluent,
 1725  for an engineer-designed performance-based system: a fee of not
 1726  less than $150, or more than $300.
 1728  On or before January 1, 2011, the Surgeon General, after
 1729  consultation with the Revenue Estimating Conference, shall
 1730  determine a revenue neutral fee schedule for services provided
 1731  pursuant to s. 381.0065(5) within the parameters set in
 1732  paragraph (b). Such determination is not subject to the
 1733  provisions of chapter 120. The funds collected pursuant to this
 1734  subsection must be deposited in a trust fund administered by the
 1735  department, to be used for the purposes stated in this section
 1736  and ss. 381.0065 and 381.00655.
 1737         Section 36. Section 381.0068, Florida Statutes, is amended
 1738  to read:
 1739         381.0068 Technical review and advisory panel.—
 1740         (1) The Department of Health shall, by July 1, 1996,
 1741  establish and staff a technical review and advisory panel to
 1742  assist the department with rule adoption.
 1743         (2) The primary purpose of the panel is to assist the
 1744  department in rulemaking and decisionmaking by drawing on the
 1745  expertise of representatives from several groups that are
 1746  affected by onsite sewage treatment and disposal systems. The
 1747  panel may also review and comment on any legislation or any
 1748  existing or proposed state policy or issue related to onsite
 1749  sewage treatment and disposal systems. If requested by the
 1750  panel, the chair will advise any affected person or member of
 1751  the Legislature of the panel’s position on the legislation or
 1752  any existing or proposed state policy or issue. The chair may
 1753  also take such other action as is appropriate to allow the panel
 1754  to function. At a minimum, the panel shall consist of a soil
 1755  scientist; a professional engineer registered in this state who
 1756  is recommended by the Florida Engineering Society and who has
 1757  work experience in onsite sewage treatment and disposal systems;
 1758  two representatives from the home-building industry recommended
 1759  by the Florida Home Builders Association, including one who is a
 1760  developer in this state who develops lots using onsite sewage
 1761  treatment and disposal systems; a representative from the county
 1762  health departments who has experience permitting and inspecting
 1763  the installation of onsite sewage treatment and disposal systems
 1764  in this state; a representative from the real estate industry
 1765  who is recommended by the Florida Association of Realtors; a
 1766  consumer representative with a science background; two
 1767  representatives of the septic tank industry recommended by the
 1768  Florida Onsite Wastewater Association, including one who is a
 1769  manufacturer of onsite sewage treatment and disposal systems; a
 1770  representative from local government who is knowledgeable about
 1771  domestic wastewater treatment and who is recommended by the
 1772  Florida Association of Counties and the Florida League of
 1773  Cities; and a representative from the environmental health
 1774  profession who is recommended by the Florida Environmental
 1775  Health Association and who is not employed by a county health
 1776  department. Members are to be appointed for a term of 2 years.
 1777  The panel may also, as needed, be expanded to include ad hoc,
 1778  nonvoting representatives who have topic-specific expertise. All
 1779  rules proposed by the department which relate to onsite sewage
 1780  treatment and disposal systems must be presented to the panel
 1781  for review and comment prior to adoption. The panel’s position
 1782  on proposed rules shall be made a part of the rulemaking record
 1783  that is maintained by the agency. The panel shall select a
 1784  chair, who shall serve for a period of 1 year and who shall
 1785  direct, coordinate, and execute the duties of the panel. The
 1786  panel shall also solicit input from the department’s variance
 1787  review and advisory committee before submitting any comments to
 1788  the department concerning proposed rules. The panel’s comments
 1789  must include any dissenting points of view concerning proposed
 1790  rules. The panel shall hold meetings as it determines necessary
 1791  to conduct its business, except that the chair, a quorum of the
 1792  voting members of the panel, or the department may call
 1793  meetings. The department shall keep minutes of all meetings of
 1794  the panel. Panel members shall serve without remuneration, but,
 1795  if requested, shall be reimbursed for per diem and travel
 1796  expenses as provided in s. 112.061.
 1797         Section 37. Subsection (1) of section 381.0072, Florida
 1798  Statutes, is amended to read:
 1799         381.0072 Food service protection.—It shall be the duty of
 1800  the Department of Health to adopt and enforce sanitation rules
 1801  consistent with law to ensure the protection of the public from
 1802  food-borne illness. These rules shall provide the standards and
 1803  requirements for the storage, preparation, serving, or display
 1804  of food in food service establishments as defined in this
 1805  section and which are not permitted or licensed under chapter
 1806  500 or chapter 509.
 1807         (1) DEFINITIONS.—As used in this section, the term:
 1808         (a) “Department” means the Department of Health or its
 1809  representative county health department.
 1810         (b) “Food service establishment” means detention
 1811  facilities, public or private schools, migrant labor camps,
 1812  assisted living facilities, facilities participating in the
 1813  United States Department of Agriculture Afterschool Meal Program
 1814  that are located at a facility or site that is not inspected by
 1815  another state agency for compliance with sanitation standards,
 1816  adult family-care homes, adult day care centers, short-term
 1817  residential treatment centers, residential treatment facilities,
 1818  homes for special services, transitional living facilities,
 1819  crisis stabilization units, hospices, prescribed pediatric
 1820  extended care centers, intermediate care facilities for persons
 1821  with developmental disabilities, boarding schools, civic or
 1822  fraternal organizations, bars and lounges, vending machines that
 1823  dispense potentially hazardous foods at facilities expressly
 1824  named in this paragraph, and facilities used as temporary food
 1825  events or mobile food units at any facility expressly named in
 1826  this paragraph, where food is prepared and intended for
 1827  individual portion service, including the site at which
 1828  individual portions are provided, regardless of whether
 1829  consumption is on or off the premises and regardless of whether
 1830  there is a charge for the food. The term does not include any
 1831  entity not expressly named in this paragraph; nor does the term
 1832  include a domestic violence center certified and monitored by
 1833  the Department of Children and Family Services under part XII of
 1834  chapter 39 if the center does not prepare and serve food to its
 1835  residents and does not advertise food or drink for public
 1836  consumption.
 1837         (c) “Operator” means the owner, operator, keeper,
 1838  proprietor, lessee, manager, assistant manager, agent, or
 1839  employee of a food service establishment.
 1840         Section 38. Section 381.00781, Florida Statutes, is amended
 1841  to read:
 1842         381.00781 Fees; disposition.—
 1843         (1) The department shall establish by rule the following
 1844  fees:
 1845         (1)(a)Fee For the initial licensure of a tattoo
 1846  establishment and the renewal of such license, a fee which,
 1847  except as provided in subsection (2), may not to exceed $250 per
 1848  year.
 1849         (2)(b)Fee For licensure of a temporary establishment, a
 1850  fee which, except as provided in subsection (2), may not to
 1851  exceed $250.
 1852         (3)(c)Fee For the initial licensure of a tattoo artist and
 1853  the renewal of such license, a fee which, except as provided in
 1854  subsection (2), may not to exceed $150 per year.
 1855         (3)(d)Fee For registration or reregistration of a guest
 1856  tattoo artist, a fee which, except as provided in subsection
 1857  (2), may not to exceed $45.
 1858         (4)(e)Fee For reactivation of an inactive tattoo
 1859  establishment license or tattoo artist license. A license
 1860  becomes inactive if it is not renewed before the expiration of
 1861  the current license.
 1862         (2) The department may annually adjust the maximum fees
 1863  authorized under subsection (1) according to the rate of
 1864  inflation or deflation indicated by the Consumer Price Index for
 1865  All Urban Consumers, U.S. City Average, All Items, as reported
 1866  by the United States Department of Labor.
 1867         Section 39. Subsections (1) and (4) of section 381.0086,
 1868  Florida Statutes, are amended to read:
 1869         381.0086 Rules; variances; penalties.—
 1870         (1) The department shall adopt rules necessary to protect
 1871  the health and safety of migrant farmworkers and other migrant
 1872  labor camp or residential migrant housing occupants, including
 1873  rules governing field sanitation facilities. These rules must
 1874  include definitions of terms, a process for provisions relating
 1875  to plan review of the construction of new, expanded, or
 1876  remodeled camps or residential migrant housing, sites, buildings
 1877  and structures; and standards for, personal hygiene facilities,
 1878  lighting, sewage disposal, safety, minimum living space per
 1879  occupant, bedding, food equipment, food storage and preparation,
 1880  insect and rodent control, garbage, heating equipment, water
 1881  supply, maintenance and operation of the camp, housing, or
 1882  roads, and such other matters as the department finds to be
 1883  appropriate or necessary to protect the life and health of the
 1884  occupants. Housing operated by a public housing authority is
 1885  exempt from the provisions of any administrative rule that
 1886  conflicts with or is more stringent than the federal standards
 1887  applicable to the housing.
 1888         (4) A person who violates any provision of ss. 381.008
 1889  381.00895 or rules adopted under such sections is subject either
 1890  to the penalties provided in ss. 381.0012, 381.0025, and
 1891  381.0061 or to the penalties provided in s. 381.0087.
 1892         Section 40. Subsections (1) and (7) of section 381.0098,
 1893  Florida Statutes, are amended to read:
 1894         381.0098 Biomedical waste.—
 1895         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1896  to protect the public health by establishing standards for the
 1897  safe packaging, transport, storage, treatment, and disposal of
 1898  biomedical waste. Except as otherwise provided herein, the
 1899  Department of Health shall regulate the packaging, transport,
 1900  storage, and treatment of biomedical waste. The Department of
 1901  Environmental Protection shall regulate onsite and offsite
 1902  incineration and disposal of biomedical waste. Consistent with
 1903  the foregoing, the Department of Health shall have the exclusive
 1904  authority to establish treatment efficacy standards for
 1905  biomedical waste and the Department of Environmental Protection
 1906  shall have the exclusive authority to establish statewide
 1907  standards relating to environmental impacts, if any, of
 1908  treatment and disposal including, but not limited to, water
 1909  discharges and air emissions. An interagency agreement between
 1910  the Department of Environmental Protection and the Department of
 1911  Health shall be developed to ensure maximum efficiency in
 1912  coordinating, administering, and regulating biomedical wastes.
 1913         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1914  violation of this section or rules adopted under this section is
 1915  subject to penalties provided in ss. 381.0012, 381.0025, and
 1916  381.0061. However, an administrative fine not to exceed $2,500
 1917  may be imposed for each day such person or public body is in
 1918  violation of this section. The department may deny, suspend, or
 1919  revoke any biomedical waste permit or registration if the
 1920  permittee violates this section, any rule adopted under this
 1921  section, or any lawful order of the department.
 1922         Section 41. Subsections (2) through (8) of section
 1923  381.0101, Florida Statutes, are renumbered as subsection (1)
 1924  through (7), respectively, and present subsections (1), (3), and
 1925  (4) and paragraph (a) of present subsection (5) of that section
 1926  are amended to read:
 1927         381.0101 Environmental health professionals.—
 1928         (1) LEGISLATIVE INTENT.—Persons responsible for providing
 1929  technical and scientific evaluations of environmental health and
 1930  sanitary conditions in business establishments and communities
 1931  throughout the state may create a danger to the public health if
 1932  they are not skilled or competent to perform such evaluations.
 1933  The public relies on the judgment of environmental health
 1934  professionals employed by both government agencies and
 1935  industries to assure them that environmental hazards are
 1936  identified and removed before they endanger the health or safety
 1937  of the public. The purpose of this section is to assure the
 1938  public that persons specifically responsible for performing
 1939  environmental health and sanitary evaluations have been
 1940  certified by examination as competent to perform such work.
 1941         (2)(3) CERTIFICATION REQUIRED.—A No person may not shall
 1942  perform environmental health or sanitary evaluations in any
 1943  primary program area of environmental health without being
 1944  certified by the department as competent to perform such
 1945  evaluations. This section does not apply to:
 1946         (a) Persons performing inspections of public food service
 1947  establishments licensed under chapter 509; or
 1948         (b) Persons performing site evaluations in order to
 1949  determine proper placement and installation of onsite wastewater
 1950  treatment and disposal systems who have successfully completed a
 1951  department-approved soils morphology course and who are working
 1952  under the direct responsible charge of an engineer licensed
 1953  under chapter 471.
 1955  The State Health Officer shall appoint an advisory board to
 1956  assist the department in the promulgation of rules for
 1957  certification, testing, establishing standards, and seeking
 1958  enforcement actions against certified professionals.
 1959         (a) The board shall be comprised of the State Surgeon
 1960  General Division Director for Environmental Health or his or her
 1961  designee, one individual who will be certified under this
 1962  section, one individual not employed in a governmental capacity
 1963  who will or does employ a certified environmental health
 1964  professional, one individual whose business is or will be
 1965  evaluated by a certified environmental health professional, a
 1966  citizen of the state who neither employs nor is routinely
 1967  evaluated by a person certified under this section.
 1968         (b) The board shall advise the department as to the minimum
 1969  disciplinary guidelines and standards of competency and
 1970  proficiency necessary to obtain certification in a primary area
 1971  of environmental health practice.
 1972         1. The board shall recommend primary areas of environmental
 1973  health practice in which environmental health professionals
 1974  should be required to obtain certification.
 1975         2. The board shall recommend minimum standards of practice
 1976  which the department shall incorporate into rule.
 1977         3. The board shall evaluate and recommend to the department
 1978  existing registrations and certifications which meet or exceed
 1979  minimum department standards and should, therefore, exempt
 1980  holders of such certificates or registrations from compliance
 1981  with this section.
 1982         4. The board shall hear appeals of certificate denials,
 1983  revocation, or suspension and shall advise the department as to
 1984  the disposition of such an appeal.
 1985         5. The board shall meet as often as necessary, but no less
 1986  than semiannually, handle appeals to the department, and conduct
 1987  other duties of the board.
 1988         6. Members of the board shall receive no compensation but
 1989  are entitled to reimbursement for per diem and travel expenses
 1990  in accordance with s. 112.061.
 1991         (4)(5) STANDARDS FOR CERTIFICATION.—The department shall
 1992  adopt rules that establish definitions of terms and minimum
 1993  standards of education, training, or experience for those
 1994  persons subject to this section. The rules must also address the
 1995  process for application, examination, issuance, expiration, and
 1996  renewal of certification and ethical standards of practice for
 1997  the profession.
 1998         (a) Persons employed as environmental health professionals
 1999  shall exhibit a knowledge of rules and principles of
 2000  environmental and public health law in Florida through
 2001  examination. A person may not conduct environmental health
 2002  evaluations in a primary program area unless he or she is
 2003  currently certified in that program area or works under the
 2004  direct supervision of a certified environmental health
 2005  professional.
 2006         1. All persons who begin employment in a primary
 2007  environmental health program on or after September 21, 1994,
 2008  must be certified in that program within 6 months after
 2009  employment.
 2010         2. Persons employed in the primary environmental health
 2011  program of a food protection program or an onsite sewage
 2012  treatment and disposal system prior to September 21, 1994, shall
 2013  be considered certified while employed in that position and
 2014  shall be required to adhere to any professional standards
 2015  established by the department pursuant to paragraph (b),
 2016  complete any continuing education requirements imposed under
 2017  paragraph (d), and pay the certificate renewal fee imposed under
 2018  subsection (6) (7).
 2019         3. Persons employed in the primary environmental health
 2020  program of a food protection program or an onsite sewage
 2021  treatment and disposal system prior to September 21, 1994, who
 2022  change positions or program areas and transfer into another
 2023  primary environmental health program area on or after September
 2024  21, 1994, must be certified in that program within 6 months
 2025  after such transfer, except that they will not be required to
 2026  possess the college degree required under paragraph (e).
 2027         4. Registered sanitarians shall be considered certified and
 2028  shall be required to adhere to any professional standards
 2029  established by the department pursuant to paragraph (b).
 2030         Section 42. Section 381.0203, Florida Statutes, is amended
 2031  to read:
 2032         381.0203 Pharmacy services.—
 2033         (1) The department may contract on a statewide basis for
 2034  the purchase of drugs, as defined in s. 499.003, to be used by
 2035  state agencies and political subdivisions, and may adopt rules
 2036  to administer this section.
 2037         (2) The department shall establish and maintain a pharmacy
 2038  services program, including, but not limited to:
 2039         (a) A central pharmacy to support pharmaceutical services
 2040  provided by the county health departments, including
 2041  pharmaceutical repackaging, dispensing, and the purchase and
 2042  distribution of immunizations and other pharmaceuticals.
 2043         (b) Regulation of drugs, cosmetics, and household products
 2044  pursuant to chapter 499.
 2045         (b)(c) Consultation to county health departments as
 2046  required by s. 154.04(1)(c).
 2047         (d) A contraception distribution program which shall be
 2048  implemented, to the extent resources permit, through the
 2049  licensed pharmacies of county health departments. A woman who is
 2050  eligible for participation in the contraceptive distribution
 2051  program is deemed a patient of the county health department.
 2052         1. To be eligible for participation in the program a woman
 2053  must:
 2054         a. Be a client of the department or the Department of
 2055  Children and Family Services.
 2056         b. Be of childbearing age with undesired fertility.
 2057         c. Have an income between 150 and 200 percent of the
 2058  federal poverty level.
 2059         d. Have no Medicaid benefits or applicable health insurance
 2060  benefits.
 2061         e. Have had a medical examination by a licensed health care
 2062  provider within the past 6 months.
 2063         f. Have a valid prescription for contraceptives that are
 2064  available through the contraceptive distribution program.
 2065         g. Consent to the release of necessary medical information
 2066  to the county health department.
 2067         2. Fees charged for the contraceptives under the program
 2068  must cover the cost of purchasing and providing contraceptives
 2069  to women participating in the program.
 2070         3. The department may adopt rules to administer this
 2071  program.
 2072         Section 43. Subsection (1) of section 381.0261, Florida
 2073  Statutes, is amended to read:
 2074         381.0261 Summary of patient’s bill of rights; distribution;
 2075  penalty.—
 2076         (1) The Department of Health shall publish on its Internet
 2077  website Agency for Health Care Administration shall have printed
 2078  and made continuously available to health care facilities
 2079  licensed under chapter 395, physicians licensed under chapter
 2080  458, osteopathic physicians licensed under chapter 459, and
 2081  podiatric physicians licensed under chapter 461 a summary of the
 2082  Florida Patient’s Bill of Rights and Responsibilities. In
 2083  adopting and making available to patients the summary of the
 2084  Florida Patient’s Bill of Rights and Responsibilities, health
 2085  care providers and health care facilities are not limited to the
 2086  format in which the department publishes Agency for Health Care
 2087  Administration prints and distributes the summary.
 2088         Section 44. Section 381.0301, Florida Statutes, is
 2089  repealed.
 2090         Section 45. Section 381.0302, Florida Statutes, is
 2091  repealed.
 2092         Section 46. Subsection (5) of section 381.0303, Florida
 2093  Statutes, is amended to read:
 2094         381.0303 Special needs shelters.—
 2096  Surgeon General may establish a special needs shelter
 2097  interagency committee and serve as, or appoint a designee to
 2098  serve as, the committee’s chair. The department shall provide
 2099  any necessary staff and resources to support the committee in
 2100  the performance of its duties. The committee shall address and
 2101  resolve problems related to special needs shelters not addressed
 2102  in the state comprehensive emergency medical plan and shall
 2103  consult on the planning and operation of special needs shelters.
 2104         (a) The committee shall:
 2105         1. develop, negotiate, and regularly review any necessary
 2106  interagency agreements, and.
 2107         2. undertake other such activities as the department deems
 2108  necessary to facilitate the implementation of this section.
 2109         3. Submit recommendations to the Legislature as necessary.
 2110         (b) The special needs shelter interagency committee shall
 2111  be composed of representatives of emergency management, health,
 2112  medical, and social services organizations. Membership shall
 2113  include, but shall not be limited to, representatives of the
 2114  Departments of Health, Children and Family Services, Elderly
 2115  Affairs, and Education; the Agency for Health Care
 2116  Administration; the Division of Emergency Management; the
 2117  Florida Medical Association; the Florida Osteopathic Medical
 2118  Association; Associated Home Health Industries of Florida, Inc.;
 2119  the Florida Nurses Association; the Florida Health Care
 2120  Association; the Florida Assisted Living Affiliation; the
 2121  Florida Hospital Association; the Florida Statutory Teaching
 2122  Hospital Council; the Florida Association of Homes for the
 2123  Aging; the Florida Emergency Preparedness Association; the
 2124  American Red Cross; Florida Hospices and Palliative Care, Inc.;
 2125  the Association of Community Hospitals and Health Systems; the
 2126  Florida Association of Health Maintenance Organizations; the
 2127  Florida League of Health Systems; the Private Care Association;
 2128  the Salvation Army; the Florida Association of Aging Services
 2129  Providers; the AARP; and the Florida Renal Coalition.
 2130         (c) Meetings of the committee shall be held in Tallahassee,
 2131  and members of the committee shall serve at the expense of the
 2132  agencies or organizations they represent. The committee shall
 2133  make every effort to use teleconference or videoconference
 2134  capabilities in order to ensure statewide input and
 2135  participation.
 2136         Section 47. Section 381.04015, Florida Statutes, is
 2137  repealed.
 2138         Section 48. Subsections (2), (3), and (4) of section
 2139  381.0403, Florida Statutes, are amended to read:
 2140         381.0403 The Community Hospital Education Act.—
 2142         (a) It is the intent of the Legislature that health care
 2143  services for the citizens of this state be upgraded and that a
 2144  program for continuing these services be maintained through a
 2145  plan for community medical education. The A program is intended
 2146  established to plan for community medical education, provide
 2147  additional outpatient and inpatient services, increase the a
 2148  continuing supply of highly trained physicians, and expand
 2149  graduate medical education.
 2150         (b) The Legislature further acknowledges the critical need
 2151  for increased numbers of primary care physicians to provide the
 2152  necessary current and projected health and medical services. In
 2153  order to meet both present and anticipated needs, the
 2154  Legislature supports an expansion in the number of family
 2155  practice residency positions. The Legislature intends that the
 2156  funding for graduate education in family practice be maintained
 2157  and that funding for all primary care specialties be provided at
 2158  a minimum of $10,000 per resident per year. Should funding for
 2159  this act remain constant or be reduced, it is intended that all
 2160  programs funded by this act be maintained or reduced
 2161  proportionately.
 2164         (a) There is established under the Department of Health a
 2165  program for statewide graduate medical education. It is intended
 2166  that continuing graduate medical education programs for interns
 2167  and residents be established on a statewide basis. The program
 2168  shall provide financial support for primary care specialty
 2169  interns and residents based on recommendations of policies
 2170  recommended and approved by the Community Hospital Education
 2171  Council, herein established, and the Department of Health, as
 2172  authorized by the General Appropriations Act. Only those
 2173  programs with at least three residents or interns in each year
 2174  of the training program are qualified to apply for financial
 2175  support. Programs with fewer than three residents or interns per
 2176  training year are qualified to apply for financial support, but
 2177  only if the appropriate accrediting entity for the particular
 2178  specialty has approved the program for fewer positions. New
 2179  programs added after fiscal year 1997-1998 shall have 5 years to
 2180  attain the requisite number of residents or interns. When
 2181  feasible and to the extent allowed through the General
 2182  Appropriations Act, state funds shall be used to generate
 2183  federal matching funds under Medicaid, or other federal
 2184  programs, and the resulting combined state and federal funds
 2185  shall be allocated to participating hospitals for the support of
 2186  graduate medical education.
 2187         (b) For the purposes of this section, primary care
 2188  specialties include emergency medicine, family practice,
 2189  internal medicine, pediatrics, psychiatry,
 2190  obstetrics/gynecology, and combined pediatrics and internal
 2191  medicine, and other primary care specialties as may be included
 2192  by the council and Department of Health.
 2193         (c) Medical institutions throughout the state may apply to
 2194  the Community Hospital Education Council for grants-in-aid for
 2195  financial support of their approved programs. Recommendations
 2196  for funding of approved programs shall be forwarded to the
 2197  Department of Health.
 2198         (d) The program shall provide a plan for community clinical
 2199  teaching and training with the cooperation of the medical
 2200  profession, hospitals, and clinics. The plan shall also include
 2201  formal teaching opportunities for intern and resident training.
 2202  In addition, the plan shall establish an off-campus medical
 2203  faculty with university faculty review to be located throughout
 2204  the state in local communities.
 2206         (a) There is established under the Department of Health a
 2207  program for fostering graduate medical education innovations.
 2208  Funds appropriated annually by the Legislature for this purpose
 2209  shall be distributed to participating hospitals or consortia of
 2210  participating hospitals and Florida medical schools or to a
 2211  Florida medical school for the direct costs of providing
 2212  graduate medical education in community-based clinical settings
 2213  on a competitive grant or formula basis to achieve state health
 2214  care workforce policy objectives, including, but not limited to:
 2215         1. Increasing the number of residents in primary care and
 2216  other high demand specialties or fellowships;
 2217         2. Enhancing retention of primary care physicians in
 2218  Florida practice;
 2219         3. Promoting practice in medically underserved areas of the
 2220  state;
 2221         4. Encouraging racial and ethnic diversity within the
 2222  state’s physician workforce; and
 2223         5. Encouraging increased production of geriatricians.
 2224         (b) Participating hospitals or consortia of participating
 2225  hospitals and Florida medical schools or a Florida medical
 2226  school providing graduate medical education in community-based
 2227  clinical settings may apply to the Community Hospital Education
 2228  Council for funding under this innovations program, except when
 2229  such innovations directly compete with services or programs
 2230  provided by participating hospitals or consortia of
 2231  participating hospitals, or by both hospitals and consortia.
 2232  Innovations program funding shall be allocated provide funding
 2233  based on recommendations of policies recommended and approved by
 2234  the Community Hospital Education Council and the Department of
 2235  Health, as authorized by the General Appropriations Act.
 2236         (c) Participating hospitals or consortia of participating
 2237  hospitals and Florida medical schools or Florida medical schools
 2238  awarded an innovations grant shall provide the Community
 2239  Hospital Education Council and Department of Health with an
 2240  annual report on their project.
 2241         Section 49. Subsection (7) of section 381.0405, Florida
 2242  Statutes, is amended to read:
 2243         381.0405 Office of Rural Health.—
 2244         (7) APPROPRIATION.—The Legislature shall appropriate such
 2245  sums as are necessary to support the Office of Rural Health.
 2246         Section 50. Subsection (3) of section 381.0406, Florida
 2247  Statutes, is amended to read:
 2248         381.0406 Rural health networks.—
 2249         (3) Because each rural area is unique, with a different
 2250  health care provider mix, Health care provider membership may
 2251  vary, but all networks shall include members that provide public
 2252  health, comprehensive primary care, emergency medical care, and
 2253  acute inpatient care.
 2254         Section 51. Effective October 1, 2014, section 381.0407,
 2255  Florida Statutes, is repealed.
 2256         Section 52. Section 381.045, Florida Statutes, is repealed.
 2257         Section 53. Subsection (7) of section 381.06015, Florida
 2258  Statutes, is amended to read:
 2259         381.06015 Public Cord Blood Tissue Bank.—
 2260         (7) In order to fund the provisions of this section the
 2261  consortium participants, the Agency for Health Care
 2262  Administration, and the Department of Health shall seek private
 2263  or federal funds to initiate program actions for fiscal year
 2264  2000-2001.
 2265         Section 54. Section 381.0605, Florida Statutes, is
 2266  repealed.
 2267         Section 55. Sections 381.1001, 381.1015, 381.102, and
 2268  381.103, Florida Statutes, are repealed.
 2269         Section 56. Subsections (3) through (5) of section
 2270  381.4018, Florida Statutes, are renumbered as subsections (2)
 2271  through (4), respectively, and present subsection (2) and
 2272  paragraph (f) of present subsection (4) of that section are
 2273  amended to read:
 2274         381.4018 Physician workforce assessment and development.—
 2275         (2) LEGISLATIVE INTENT.—The Legislature recognizes that
 2276  physician workforce planning is an essential component of
 2277  ensuring that there is an adequate and appropriate supply of
 2278  well-trained physicians to meet this state’s future health care
 2279  service needs as the general population and elderly population
 2280  of the state increase. The Legislature finds that items to
 2281  consider relative to assessing the physician workforce may
 2282  include physician practice status; specialty mix; geographic
 2283  distribution; demographic information, including, but not
 2284  limited to, age, gender, race, and cultural considerations; and
 2285  needs of current or projected medically underserved areas in the
 2286  state. Long-term strategic planning is essential as the period
 2287  from the time a medical student enters medical school to
 2288  completion of graduate medical education may range from 7 to 10
 2289  years or longer. The Legislature recognizes that strategies to
 2290  provide for a well-trained supply of physicians must include
 2291  ensuring the availability and capacity of quality medical
 2292  schools and graduate medical education programs in this state,
 2293  as well as using new or existing state and federal programs
 2294  providing incentives for physicians to practice in needed
 2295  specialties and in underserved areas in a manner that addresses
 2296  projected needs for physician manpower.
 2297         (3)(4) GENERAL FUNCTIONS.—The department shall maximize the
 2298  use of existing programs under the jurisdiction of the
 2299  department and other state agencies and coordinate governmental
 2300  and nongovernmental stakeholders and resources in order to
 2301  develop a state strategic plan and assess the implementation of
 2302  such strategic plan. In developing the state strategic plan, the
 2303  department shall:
 2304         (f) Develop strategies to maximize federal and state
 2305  programs that provide for the use of incentives to attract
 2306  physicians to this state or retain physicians within the state.
 2307  Such strategies should explore and maximize federal-state
 2308  partnerships that provide incentives for physicians to practice
 2309  in federally designated shortage areas. Strategies shall also
 2310  consider the use of state programs, such as the Florida Health
 2311  Service Corps established pursuant to s. 381.0302 and the
 2312  Medical Education Reimbursement and Loan Repayment Program
 2313  pursuant to s. 1009.65, which provide for education loan
 2314  repayment or loan forgiveness and provide monetary incentives
 2315  for physicians to relocate to underserved areas of the state.
 2316         Section 57. Section 381.60225, Florida Statutes, is
 2317  repealed.
 2318         Section 58. Sections 381.732, 381.733, and 381.734, Florida
 2319  Statutes, are repealed.
 2320         Section 59. Section 381.7352, Florida Statutes, is amended
 2321  to read:
 2322         381.7352 Legislative findings and intent.—
 2323         (1) The Legislature finds that despite state investments in
 2324  health care programs, certain racial and ethnic populations in
 2325  Florida continue to have significantly poorer health outcomes
 2326  when compared to non-Hispanic whites. The Legislature finds that
 2327  local solutions to health care problems can have a dramatic and
 2328  positive effect on the health status of these populations. Local
 2329  governments and communities are best equipped to identify the
 2330  health education, health promotion, and disease prevention needs
 2331  of the racial and ethnic populations in their communities,
 2332  mobilize the community to address health outcome disparities,
 2333  enlist and organize local public and private resources, and
 2334  faith-based organizations to address these disparities, and
 2335  evaluate the effectiveness of interventions.
 2336         (2) It is therefore the intent of the Legislature to
 2337  provide funds within Florida counties and Front Porch Florida
 2338  Communities, in the form of Reducing Racial and Ethnic Health
 2339  Disparities: Closing the Gap grants, to stimulate the
 2340  development of community-based and neighborhood-based projects
 2341  which will improve the health outcomes of racial and ethnic
 2342  populations. Further, it is the intent of the Legislature that
 2343  these programs foster the development of coordinated,
 2344  collaborative, and broad-based participation by public and
 2345  private entities, and faith-based organizations. Finally, it is
 2346  the intent of the Legislature that the grant program function as
 2347  a partnership between state and local governments, faith-based
 2348  organizations, and private sector health care providers,
 2349  including managed care, voluntary health care resources, social
 2350  service providers, and nontraditional partners.
 2351         Section 60. Subsection (3) of section 381.7353, Florida
 2352  Statutes, is amended to read:
 2353         381.7353 Reducing Racial and Ethnic Health Disparities:
 2354  Closing the Gap grant program; administration; department
 2355  duties.—
 2356         (3) Pursuant to s. 20.43(6), the State Surgeon General may
 2357  appoint an ad hoc advisory committee to: examine areas where
 2358  public awareness, public education, research, and coordination
 2359  regarding racial and ethnic health outcome disparities are
 2360  lacking; consider access and transportation issues which
 2361  contribute to health status disparities; and make
 2362  recommendations for closing gaps in health outcomes and
 2363  increasing the public’s awareness and understanding of health
 2364  disparities that exist between racial and ethnic populations.
 2365         Section 61. Subsections (5) and (6) of section 381.7356,
 2366  Florida Statutes, are renumbered as subsections (4) and (5),
 2367  respectively, and present subsection (4) of that section is
 2368  amended to read:
 2369         381.7356 Local matching funds; grant awards.—
 2370         (4) Dissemination of grant awards shall begin no later than
 2371  January 1, 2001.
 2372         Section 62. Subsection (3) of section 381.765, Florida
 2373  Statutes, is amended to read:
 2374         381.765 Retention of title to and disposal of equipment.—
 2375         (3) The department may adopt rules relating to records and
 2376  recordkeeping for department-owned property referenced in
 2377  subsections (1) and (2).
 2378         Section 63. Section 381.77, Florida Statutes, is repealed.
 2379         Section 64. Section 381.795, Florida Statutes, is repealed.
 2380         Section 65. Subsections (2) through (5) of section 381.853,
 2381  Florida Statutes, are renumbered as subsections (1) through (4),
 2382  respectively, and present subsection (1) of that section is
 2383  amended to read:
 2384         381.853 Florida Center for Brain Tumor Research.—
 2385         (1) The Legislature finds that each year an estimated
 2386  190,000 citizens of the United States are diagnosed with
 2387  cancerous and noncancerous brain tumors and that biomedical
 2388  research is the key to finding cures for these tumors. The
 2389  Legislature further finds that, although brain tumor research is
 2390  being conducted throughout the state, there is a lack of
 2391  coordinated efforts among researchers and health care providers.
 2392  Therefore, the Legislature finds that there is a significant
 2393  need for a coordinated effort to achieve the goal of curing
 2394  brain tumors. The Legislature further finds that the biomedical
 2395  technology sector meets the criteria of a high-impact sector,
 2396  pursuant to s. 288.108(6), having a high importance to the
 2397  state’s economy with a significant potential for growth and
 2398  contribution to our universities and quality of life.
 2399         Section 66. Section 381.855, Florida Statutes, is repealed.
 2400         Section 67. Section 381.87, Florida Statutes, is repealed.
 2401         Section 68. Section 381.90, Florida Statutes, is repealed.
 2402         Section 69. Subsection (1) of section 381.91, Florida
 2403  Statutes, is amended to read:
 2404         381.91 Jessie Trice Cancer Prevention Program.—
 2405         (1) It is the intent of the Legislature to:
 2406         (a) Reduce the rates of illness and death from lung cancer
 2407  and other cancers and improve the quality of life among low
 2408  income African-American and Hispanic populations through
 2409  increased access to early, effective screening and diagnosis,
 2410  education, and treatment programs.
 2411         (b) create a community faith-based disease-prevention
 2412  program in conjunction with the Health Choice Network and other
 2413  community health centers to build upon the natural referral and
 2414  education networks in place within minority communities and to
 2415  increase access to health service delivery in Florida and.
 2416         (c) establish a funding source to build upon local private
 2417  participation to sustain the operation of the program.
 2418         Section 70. Subsection (5) of section 381.922, Florida
 2419  Statutes, is amended to read:
 2420         381.922 William G. “Bill” Bankhead, Jr., and David Coley
 2421  Cancer Research Program.—
 2422         (5) The William G. “Bill” Bankhead, Jr., and David Coley
 2423  Cancer Research Program is funded pursuant to s. 215.5602(12).
 2424  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
 2425  David Coley Cancer Research Program shall be distributed
 2426  pursuant to this section to provide grants to researchers
 2427  seeking cures for cancer and cancer-related illnesses, with
 2428  emphasis given to the goals enumerated in this section. From the
 2429  total funds appropriated, an amount of up to 10 percent may be
 2430  used for administrative expenses. From funds appropriated to
 2431  accomplish the goals of this section, up to $250,000 shall be
 2432  available for the operating costs of the Florida Center for
 2433  Universal Research to Eradicate Disease.
 2434         Section 71. Paragraph (g) of subsection (1) of section
 2435  383.011, Florida Statutes, is amended to read:
 2436         383.011 Administration of maternal and child health
 2437  programs.—
 2438         (1) The Department of Health is designated as the state
 2439  agency for:
 2440         (g) Receiving the federal funds for the “Special
 2441  Supplemental Nutrition Program for Women, Infants, and
 2442  Children,” or WIC, authorized by the Child Nutrition Act of
 2443  1966, as amended, and for providing clinical leadership for
 2444  administering the statewide WIC program.
 2445         1. The department shall establish an interagency agreement
 2446  with the Department of Children and Family Services for fiscal
 2447  management of the program. Responsibilities are delegated to
 2448  each department, as follows:
 2449         a. The department shall provide clinical leadership, manage
 2450  program eligibility, and distribute nutritional guidance and
 2451  information to participants.
 2452         b. The Department of Children and Family Services shall
 2453  develop and implement an electronic benefits transfer system.
 2454         c. The Department of Children and Family Services shall
 2455  develop a cost containment plan that provides timely and
 2456  accurate adjustments based on wholesale price fluctuations and
 2457  adjusts for the number of cash registers in calculating
 2458  statewide averages.
 2459         d. The department shall coordinate submission of
 2460  information to appropriate federal officials in order to obtain
 2461  approval of the electronic benefits system and cost containment
 2462  plan, which must include participation of WIC-only stores.
 2463         2. The department shall assist the Department of Children
 2464  and Family Services in the development of the electronic
 2465  benefits system to ensure full implementation no later than July
 2466  1, 2013.
 2467         Section 72. Section 383.141, Florida Statutes, is created
 2468  to read:
 2469         383.141Prenatally diagnosed conditions; patient to be
 2470  provided information; definitions; information clearinghouse;
 2471  advisory council.—
 2472         (1) As used in this section, the term:
 2473         (a) “Down syndrome” means a chromosomal disorder caused by
 2474  an error in cell division which results in the presence of an
 2475  extra whole or partial copy of chromosome 21.
 2476         (b) “Developmental disability” includes Down syndrome and
 2477  other developmental disabilities defined by s. 393.063(9).
 2478         (c) “Health care provider” means a practitioner licensed or
 2479  registered under chapter 458 or chapter 459 or an advanced
 2480  registered nurse practitioner certified under chapter 464.
 2481         (d) “Prenatally diagnosed condition” means an adverse fetal
 2482  health condition identified by prenatal testing.
 2483         (e) “Prenatal test” or “prenatal testing” means a
 2484  diagnostic procedure or screening procedure performed on a
 2485  pregnant woman or her unborn offspring to obtain information
 2486  about the offspring’s health or development.
 2487         (2) When a developmental disability is diagnosed based on
 2488  the results of a prenatal test, the health care provider who
 2489  ordered the prenatal test, or his or her designee, shall provide
 2490  the patient with current information about the nature of the
 2491  developmental disability, the accuracy of the prenatal test, and
 2492  resources for obtaining relevant support services, including
 2493  hotlines, resource centers, and information clearinghouses
 2494  related to Down syndrome or other prenatally diagnosed
 2495  developmental disabilities; support programs for parents and
 2496  families; and developmental evaluation and intervention services
 2497  under s. 391.303.
 2498         (3) The Department of Health shall establish on its
 2499  Internet website a clearinghouse of information related to
 2500  developmental disabilities concerning providers of supportive
 2501  services, information hotlines specific to Down syndrome and
 2502  other prenatally diagnosed developmental disabilities, resource
 2503  centers, educational programs, other support programs for
 2504  parents and families, and developmental evaluation and
 2505  intervention services under s. 391.303. Such information shall
 2506  be made available to health care providers for use in counseling
 2507  pregnant women whose unborn children have been prenatally
 2508  diagnosed with developmental disabilities.
 2509         (a) There is established an advisory council within the
 2510  Department of Health which consists of health care providers and
 2511  caregivers who perform health care services for persons who have
 2512  developmental disabilities, including Down syndrome and autism.
 2513  This group shall consist of nine members as follows:
 2514         1. Three members appointed by the Governor;
 2515         2. Three members appointed by the President of the Senate;
 2516  and
 2517         3. Three members appointed by the Speaker of the House of
 2518  Representatives.
 2519         (b) The advisory council shall provide technical assistance
 2520  to the Department of Health in the establishment of the
 2521  information clearinghouse and give the department the benefit of
 2522  the council members’ knowledge and experience relating to the
 2523  needs of patients and families of patients with developmental
 2524  disabilities and available support services.
 2525         (c) Members of the council shall elect a chairperson and a
 2526  vice chairperson. The elected chairperson and vice chairperson
 2527  shall serve in these roles until their terms of appointment on
 2528  the council expire.
 2529         (d) The advisory council shall meet quarterly to review
 2530  this clearinghouse of information, and may meet more often at
 2531  the call of the chairperson or as determined by a majority of
 2532  members.
 2533         (e) The council members shall be appointed to 4-year terms,
 2534  except that, to provide for staggered terms, one initial
 2535  appointee each from the Governor, the President of the Senate,
 2536  and the Speaker of the House of Representatives shall be
 2537  appointed to a 2-year term, one appointee each from these
 2538  officials shall be appointed to a 3-year term, and the remaining
 2539  initial appointees shall be appointed to 4-year terms. All
 2540  subsequent appointments shall be for 4-year terms. A vacancy
 2541  shall be filled for the remainder of the unexpired term in the
 2542  same manner as the original appointment.
 2543         (f) Members of the council shall serve without
 2544  compensation. Meetings of the council may be held in person,
 2545  without reimbursement for travel expenses, or by teleconference
 2546  or other electronic means.
 2547         (g) The Department of Health shall provide administrative
 2548  support for the advisory council.
 2549         Section 73. Effective July 1, 2012, section 385.210,
 2550  Florida Statutes, is repealed.
 2551         Section 74. Section 391.016, Florida Statutes, is amended
 2552  to read:
 2553         391.016 Purposes and functions Legislative intent.—The
 2554  Legislature intends that the Children’s Medical Services program
 2555  is established for the following purposes and authorized to
 2556  perform the following functions:
 2557         (1) Provide to children with special health care needs a
 2558  family-centered, comprehensive, and coordinated statewide
 2559  managed system of care that links community-based health care
 2560  with multidisciplinary, regional, and tertiary pediatric
 2561  specialty care. The program shall coordinate and maintain a
 2562  consistent may provide for the coordination and maintenance of
 2563  consistency of the medical home for participating children in
 2564  families with a Children’s Medical Services program participant,
 2565  in order to achieve family-centered care.
 2566         (2) Provide essential preventive, evaluative, and early
 2567  intervention services for children at risk for or having special
 2568  health care needs, in order to prevent or reduce long-term
 2569  disabilities.
 2570         (3) Serve as a principal provider for children with special
 2571  health care needs under Titles XIX and XXI of the Social
 2572  Security Act.
 2573         (4) Be complementary to children’s health training programs
 2574  essential for the maintenance of a skilled pediatric health care
 2575  workforce for all Floridians.
 2576         Section 75. Section 391.021, Florida Statutes, is amended
 2577  to read:
 2578         391.021 Definitions.—When used in this act, the term unless
 2579  the context clearly indicates otherwise:
 2580         (1) “Children’s Medical Services network” or “network”
 2581  means a statewide managed care service system that includes
 2582  health care providers, as defined in this section.
 2583         (2) “Children with special health care needs” means those
 2584  children younger than 21 years of age who have chronic and
 2585  serious physical, developmental, behavioral, or emotional
 2586  conditions and who also require health care and related services
 2587  of a type or amount beyond that which is generally required by
 2588  children.
 2589         (3) “Department” means the Department of Health.
 2590         (4) “Eligible individual” means a child with a special
 2591  health care need or a female with a high-risk pregnancy, who
 2592  meets the financial and medical eligibility standards
 2593  established in s. 391.029.
 2594         (5) “Health care provider” means a health care
 2595  professional, health care facility, or entity licensed or
 2596  certified to provide health services in this state that meets
 2597  the criteria as established by the department.
 2598         (6) “Health services” includes the prevention, diagnosis,
 2599  and treatment of human disease, pain, injury, deformity, or
 2600  disabling conditions.
 2601         (7) “Participant” means an eligible individual who is
 2602  enrolled in the Children’s Medical Services program.
 2603         (8) “Program” means the Children’s Medical Services program
 2604  established in the department.
 2605         Section 76. Section 391.025, Florida Statutes, is amended
 2606  to read:
 2607         391.025 Applicability and scope.—
 2608         (1) The Children’s Medical Services program consists of the
 2609  following components:
 2610         (a) The newborn screening program established in s. 383.14.
 2611         (b) The regional perinatal intensive care centers program
 2612  established in ss. 383.15-383.21.
 2613         (c) A federal or state program authorized by the
 2614  Legislature.
 2615         (c)(d) The developmental evaluation and intervention
 2616  program, including the Florida Infants and Toddlers Early
 2617  Intervention Program.
 2618         (d)(e) The Children’s Medical Services network.
 2619         (2) The Children’s Medical Services program shall not be
 2620  deemed an insurer and is not subject to the licensing
 2621  requirements of the Florida Insurance Code or the rules adopted
 2622  thereunder, when providing services to children who receive
 2623  Medicaid benefits, other Medicaid-eligible children with special
 2624  health care needs, and children participating in the Florida
 2625  Kidcare program.
 2626         Section 77. Section 391.026, Florida Statutes, is amended
 2627  to read:
 2628         391.026 Powers and duties of the department.—The department
 2629  shall have the following powers, duties, and responsibilities:
 2630         (1) To provide or contract for the provision of health
 2631  services to eligible individuals.
 2632         (2) To provide services to abused and neglected children
 2633  through child protective teams pursuant to s. 39.303.
 2634         (3)(2) To determine the medical and financial eligibility
 2635  standards for the program and to determine the medical and
 2636  financial eligibility of individuals seeking health services
 2637  from the program.
 2638         (3) To recommend priorities for the implementation of
 2639  comprehensive plans and budgets.
 2640         (4) To coordinate a comprehensive delivery system for
 2641  eligible individuals to take maximum advantage of all available
 2642  funds.
 2643         (5) To promote, establish, and coordinate with programs
 2644  relating to children’s medical services in cooperation with
 2645  other public and private agencies and to coordinate funding of
 2646  health care programs with federal, state, or local indigent
 2647  health care funding mechanisms.
 2648         (6) To initiate and, coordinate, and request review of
 2649  applications to federal agencies and private organizations and
 2650  state agencies for funds, services, or commodities relating to
 2651  children’s medical programs.
 2652         (7) To sponsor or promote grants for projects, programs,
 2653  education, or research in the field of medical needs of children
 2654  with special health needs, with an emphasis on early diagnosis
 2655  and treatment.
 2656         (8) To oversee and operate the Children’s Medical Services
 2657  network.
 2658         (9) To establish reimbursement mechanisms for the
 2659  Children’s Medical Services network.
 2660         (10) To establish Children’s Medical Services network
 2661  standards and credentialing requirements for health care
 2662  providers and health care services.
 2663         (11) To serve as a provider and principal case manager for
 2664  children with special health care needs under Titles XIX and XXI
 2665  of the Social Security Act.
 2666         (12) To monitor the provision of health services in the
 2667  program, including the utilization and quality of health
 2668  services.
 2669         (13) To administer the Children with Special Health Care
 2670  Needs program in accordance with Title V of the Social Security
 2671  Act.
 2672         (14) To establish and operate a grievance resolution
 2673  process for participants and health care providers.
 2674         (15) To maintain program integrity in the Children’s
 2675  Medical Services program.
 2676         (16) To receive and manage health care premiums, capitation
 2677  payments, and funds from federal, state, local, and private
 2678  entities for the program. The department may contract with a
 2679  third-party administrator for processing claims, monitoring
 2680  medical expenses, and other related services necessary to the
 2681  efficient and cost-effective operation of the Children’s Medical
 2682  Services network. The department is authorized to maintain a
 2683  minimum reserve for the Children’s Medical Services network in
 2684  an amount that is the greater of:
 2685         (a) Ten percent of total projected expenditures for Title
 2686  XIX-funded and Title XXI-funded children; or
 2687         (b) Two percent of total annualized payments from the
 2688  Agency for Health Care Administration for Title XIX and Title
 2689  XXI of the Social Security Act.
 2690         (17) To provide or contract for appoint health care
 2691  consultants for the purpose of providing peer review and other
 2692  quality-improvement activities making recommendations to enhance
 2693  the delivery and quality of services in the Children’s Medical
 2694  Services program.
 2695         (18) To adopt rules pursuant to ss. 120.536(1) and 120.54
 2696  to administer the Children’s Medical Services Act. The rules may
 2697  include requirements for definitions of terms, program
 2698  organization, and program description; a process for selecting
 2699  an area medical director; responsibilities of applicants and
 2700  clients; requirements for service applications, including
 2701  required medical and financial information; eligibility
 2702  requirements for initial treatment and for continued
 2703  eligibility, including financial and custody issues;
 2704  methodologies for resource development and allocation, including
 2705  medical and financial considerations; requirements for
 2706  reimbursement services rendered to a client; billing and payment
 2707  requirements for providers; requirements for qualification,
 2708  appointments, verification, and emergency exceptions for health
 2709  professional consultants; general and diagnostic-specific
 2710  standards for diagnostic and treatment facilities; and standards
 2711  for the method of service delivery, including consultant
 2712  services, respect-for-privacy considerations, examination
 2713  requirements, family support plans, and clinic design.
 2714         Section 78. Section 391.028, Florida Statutes, is amended
 2715  to read:
 2716         391.028 Administration.—The Children’s Medical Services
 2717  program shall have a central office and area offices.
 2718         (1) The Director of Children’s Medical Services must be a
 2719  physician licensed under chapter 458 or chapter 459 who has
 2720  specialized training and experience in the provision of health
 2721  care to children and who has recognized skills in leadership and
 2722  the promotion of children’s health programs. The director shall
 2723  be the deputy secretary and the Deputy State Health Officer for
 2724  Children’s Medical Services and is appointed by and reports to
 2725  the State Surgeon General. The director may appoint such other
 2726  staff as necessary for the operation of the program division
 2727  directors subject to the approval of the State Surgeon General.
 2728         (2) The director shall provide for operational system using
 2729  such department staff and contract providers as necessary. The
 2730  program shall implement the following program activities under
 2731  physician supervision on a statewide basis designate Children’s
 2732  Medical Services area offices to perform operational activities,
 2733  including, but not limited to:
 2734         (a) Providing Case management services for the network
 2735  participants;.
 2736         (b) Management and Providing local oversight of local the
 2737  program activities;.
 2738         (c) Determining an individual’s Medical and financial
 2739  eligibility determination for the program in accordance with s.
 2740  391.029;.
 2741         (d) Participating in the Determination of a level of care
 2742  and medical complexity for long-term care services;.
 2743         (e) Authorizing services in the program and developing
 2744  spending plans;.
 2745         (f) Participating in the Development of treatment plans;
 2746  and.
 2747         (g) Taking part in the Resolution of complaints and
 2748  grievances from participants and health care providers.
 2749         (3) Each Children’s Medical Services area office shall be
 2750  directed by a physician licensed under chapter 458 or chapter
 2751  459 who has specialized training and experience in the provision
 2752  of health care to children. The director of a Children’s Medical
 2753  Services area office shall be appointed by the director from the
 2754  active panel of Children’s Medical Services physician
 2755  consultants.
 2756         Section 79. Section 391.029, Florida Statutes, is amended
 2757  to read:
 2758         391.029 Program eligibility.—
 2759         (1) Eligibility The department shall establish the medical
 2760  criteria to determine if an applicant for the Children’s Medical
 2761  Services program is based on the diagnosis of one or more
 2762  chronic and serious medical conditions and the family’s need for
 2763  specialized services an eligible individual.
 2764         (2) The following individuals are financially eligible to
 2765  receive services through the program:
 2766         (a) A high-risk pregnant female who is enrolled in eligible
 2767  for Medicaid.
 2768         (b) Children with serious special health care needs from
 2769  birth to 21 years of age who are enrolled in eligible for
 2770  Medicaid.
 2771         (c) Children with serious special health care needs from
 2772  birth to 19 years of age who are enrolled in eligible for a
 2773  program under Title XXI of the Social Security Act.
 2774         (3) Subject to the availability of funds, the following
 2775  individuals may receive services through the program:
 2776         (a) Children with serious special health care needs from
 2777  birth to 21 years of age who do not qualify for Medicaid or
 2778  whose family income is above the requirements for financial
 2779  eligibility under Title XXI of the Social Security Act but who
 2780  are unable to access, due to lack of providers or lack of
 2781  financial resources, specialized services that are medically
 2782  necessary or essential family support services and whose
 2783  projected annual cost of care adjusts the family income to
 2784  Medicaid financial criteria. Families In cases where the family
 2785  income is adjusted based on a projected annual cost of care, the
 2786  family shall participate financially in the cost of care based
 2787  on a sliding fee scale criteria established by the department.
 2788         (b) Children with special health care needs from birth to
 2789  21 years of age, as provided in Title V of the Social Security
 2790  Act.
 2791         (c) An infant who receives an award of compensation under
 2792  s. 766.31(1). The Florida Birth-Related Neurological Injury
 2793  Compensation Association shall reimburse the Children’s Medical
 2794  Services Network the state’s share of funding, which must
 2795  thereafter be used to obtain matching federal funds under Title
 2796  XXI of the Social Security Act.
 2797         (4) The department shall determine the financial and
 2798  medical eligibility of children for the program. The department
 2799  shall also determine the financial ability of the parents, or
 2800  persons or other agencies having legal custody over such
 2801  individuals, to pay the costs of health services under the
 2802  program. The department may pay reasonable travel expenses
 2803  related to the determination of eligibility for or the provision
 2804  of health services.
 2805         (4)(5) Any child who has been provided with surgical or
 2806  medical care or treatment under this act prior to being adopted
 2807  and has serious and chronic special health needs shall continue
 2808  to be eligible to be provided with such care or treatment after
 2809  his or her adoption, regardless of the financial ability of the
 2810  persons adopting the child.
 2811         Section 80. Section 391.0315, Florida Statutes, is amended
 2812  to read:
 2813         391.0315 Benefits.—Benefits provided under the program for
 2814  children with special health care needs shall be equivalent to
 2815  the same benefits provided to children as specified in ss.
 2816  409.905 and 409.906. The department may offer additional
 2817  benefits for early intervention services, respite services,
 2818  genetic testing, genetic and nutritional counseling, and parent
 2819  support services, if such services are determined to be
 2820  medically necessary. No child or person determined eligible for
 2821  the program who is eligible under Title XIX or Title XXI of the
 2822  Social Security Act shall receive any service other than an
 2823  initial health care screening or treatment of an emergency
 2824  medical condition as defined in s. 395.002, until such child or
 2825  person is enrolled in Medicaid or a Title XXI program.
 2826         Section 81. Effective January 1, 2013, section 392.51,
 2827  Florida Statutes, is amended to read:
 2828         392.51 Tuberculosis control Findings and intent.—A
 2829  statewide system is established to control tuberculosis
 2830  infection and mitigate its effects. The system consists The
 2831  Legislature finds and declares that active tuberculosis is a
 2832  highly contagious infection that is sometimes fatal and
 2833  constitutes a serious threat to the public health. The
 2834  Legislature finds that there is a significant reservoir of
 2835  tuberculosis infection in this state and that there is a need to
 2836  develop community programs to identify tuberculosis and to
 2837  respond quickly with appropriate measures. The Legislature finds
 2838  that some patients who have active tuberculosis have complex
 2839  medical, social, and economic problems that make outpatient
 2840  control of the disease difficult, if not impossible, without
 2841  posing a threat to the public health. The Legislature finds that
 2842  in order to protect the citizenry from those few persons who
 2843  pose a threat to the public, it is necessary to establish a
 2844  system of mandatory contact identification, treatment to cure,
 2845  hospitalization, and isolation for contagious cases, and to
 2846  provide a system of voluntary, community-oriented care and
 2847  surveillance in all other cases. The Legislature finds that the
 2848  delivery of Tuberculosis control services shall be provided is
 2849  best accomplished by the coordinated efforts of the respective
 2850  county health departments and contracted or other private health
 2851  care providers, the A.G. Holley State Hospital, and the private
 2852  health care delivery system.
 2853         Section 82. Effective January 1, 2013, subsection (4) of
 2854  section 392.61, Florida Statutes, is amended to read:
 2855         392.61 Community tuberculosis control programs.—
 2856         (4) The department shall develop, by rule, a methodology
 2857  for distributing funds appropriated for tuberculosis control
 2858  programs. Criteria to be considered in this methodology include,
 2859  but are not limited to, the basic infrastructure available for
 2860  tuberculosis control, caseload requirements, laboratory support
 2861  services needed, and epidemiologic factors.
 2862         Section 83. Effective January 1, 2013, section 392.62,
 2863  Florida Statutes, is amended to read:
 2864         392.62 Hospitalization and placement programs.—
 2865         (1) The department shall contract for operation of operate
 2866  a program for the treatment hospitalization of persons who have
 2867  active tuberculosis in hospitals licensed under chapter 395 and
 2868  may provide for appropriate placement of persons who have active
 2869  tuberculosis in other health care facilities or residential
 2870  facilities. The department shall require the contractor to use
 2871  existing licensed community hospitals and other facilities for
 2872  the care and treatment to cure of persons who have active
 2873  tuberculosis or a history of noncompliance with prescribed drug
 2874  regimens and require inpatient or other residential services.
 2875         (2) The department may operate a licensed hospital for the
 2876  care and treatment to cure of persons who have active
 2877  tuberculosis. The hospital may have a forensic unit where, under
 2878  medical protocol, a patient can be held in a secure or
 2879  protective setting. The department shall also seek to maximize
 2880  use of existing licensed community hospitals for the care and
 2881  treatment to cure of persons who have active tuberculosis.
 2882         (2)(3)The program for control of tuberculosis shall
 2883  provide funding for participating facilities and require any
 2884  such facilities to meet the following conditions Any licensed
 2885  hospital operated by the department, any licensed hospital under
 2886  contract with the department, and any other health care facility
 2887  or residential facility operated by or under contract with the
 2888  department for the care and treatment of patients who have
 2889  active tuberculosis shall:
 2890         (a) Admit patients voluntarily and under court order as
 2891  appropriate for each particular facility;
 2892         (b) Require that each patient pay the actual cost of care
 2893  provided whether the patient is admitted voluntarily or by court
 2894  order;
 2895         (c) Provide for a method of paying for the care of patients
 2896  in the program regardless of ability to pay who cannot afford to
 2897  do so;
 2898         (d) Require a primary clinical diagnosis of active
 2899  tuberculosis by a physician licensed under chapter 458 or
 2900  chapter 459 before admitting the patient; provided that there
 2901  may be more than one primary diagnosis;
 2902         (e) Provide a method of notification to the county health
 2903  department and to the patient’s family, if any, before
 2904  discharging the patient from the hospital or other facility;
 2905         (f) Provide for the necessary exchange of medical
 2906  information to assure adequate community treatment to cure and
 2907  followup of discharged patients, as appropriate; and
 2908         (g) Provide for a method of medical care and counseling and
 2909  for housing, social service, and employment referrals, if
 2910  appropriate, for all patients discharged from the hospital.
 2911         (3)(4) A hospital may, pursuant to court order, place a
 2912  patient in temporary isolation for a period of no more than 72
 2913  continuous hours. The department shall obtain a court order in
 2914  the same manner as prescribed in s. 392.57. Nothing in this
 2915  subsection precludes a hospital from isolating an infectious
 2916  patient for medical reasons.
 2917         (4)(5) Any person committed under s. 392.57 who leaves the
 2918  tuberculosis hospital or residential facility without having
 2919  been discharged by the designated medical authority, except as
 2920  provided in s. 392.63, shall be apprehended by the sheriff of
 2921  the county in which the person is found and immediately
 2922  delivered to the facility from which he or she left.
 2923         Section 84. Subsection (1) of section 395.1027, Florida
 2924  Statutes, is amended to read:
 2925         395.1027 Regional poison control centers.—
 2926         (1) There shall be created three certified regional poison
 2927  control centers, one each in the north, central, and southern
 2928  regions of the state. Each regional poison control center shall
 2929  be affiliated with and physically located in a certified Level I
 2930  trauma center. Each regional poison control center shall be
 2931  affiliated with an accredited medical school or college of
 2932  pharmacy. The regional poison control centers shall be
 2933  coordinated under the aegis of the Division of Children’s
 2934  Medical Services Prevention and Intervention in the department.
 2935         Section 85. The Department of Health shall develop and
 2936  implement a transition plan for the closure of A.G. Holley State
 2937  Hospital. The plan shall include specific steps to end voluntary
 2938  admissions; transfer patients to alternate facilities;
 2939  communicate with families, providers, other affected parties,
 2940  and the general public; enter into any necessary contracts with
 2941  providers; and coordinate with the Department of Management
 2942  Services regarding the disposition of equipment and supplies and
 2943  the closure of the facility; and the Agency for Health Care
 2944  Administration is directed to modify its reimbursement plans and
 2945  seek federal approval, if necessary, to continue Medicaid
 2946  funding throughout the treatment period in community hospitals
 2947  and other facilities. The plan shall be submitted to the
 2948  Governor, the Speaker of the House of Representatives, and the
 2949  President of the Senate by May 31, 2012. The department shall
 2950  fully implement the plan by January 1, 2013.
 2951         Section 86. Subsection (4) of section 401.243, Florida
 2952  Statutes, is amended to read:
 2953         401.243 Injury prevention.—The department shall establish
 2954  an injury-prevention program with responsibility for the
 2955  statewide coordination and expansion of injury-prevention
 2956  activities. The duties of the department under the program may
 2957  include, but are not limited to, data collection, surveillance,
 2958  education, and the promotion of interventions. In addition, the
 2959  department may:
 2960         (4) Adopt rules governing the implementation of grant
 2961  programs. The rules may include, but need not be limited to,
 2962  criteria regarding the application process, the selection of
 2963  grantees, the implementation of injury-prevention activities,
 2964  data collection, surveillance, education, and the promotion of
 2965  interventions.
 2966         Section 87. Subsection (6) of section 401.245, Florida
 2967  Statutes, is renumbered as subsection (5), and present
 2968  subsection (5) of that section is amended to read:
 2969         401.245 Emergency Medical Services Advisory Council.—
 2970         (5) The department shall adopt rules to implement this
 2971  section, which rules shall serve as formal operating procedures
 2972  for the Emergency Medical Services Advisory Council.
 2973         Section 88. Section 401.271, Florida Statutes, is amended
 2974  to read:
 2975         401.271 Certification of emergency medical technicians and
 2976  paramedics who are on active duty with the Armed Forces of the
 2977  United States; spouses of members of the Armed Forces.—
 2978         (1) Any member of the Armed Forces of the United States on
 2979  active duty who, at the time he or she became a member, was in
 2980  good standing with the department and was entitled to practice
 2981  as an emergency medical technician or paramedic in the state
 2982  remains in good standing without registering, paying dues or
 2983  fees, or performing any other act, as long as he or she is a
 2984  member of the Armed Forces of the United States on active duty
 2985  and for a period of 6 months after his or her discharge from
 2986  active duty as a member of the Armed Forces of the United
 2987  States.
 2988         (2) The department may adopt rules exempting the spouse of
 2989  a member of the Armed Forces of the United States on active duty
 2990  from certification renewal provisions while the spouse is absent
 2991  from the state because of the member’s active duty with the
 2992  Armed Forces.
 2993         Section 89. Section 402.45, Florida Statutes is repealed.
 2994         Section 90. Subsections (3) and (4) of section 403.863,
 2995  Florida Statutes, are amended to read:
 2996         403.863 State public water supply laboratory certification
 2997  program.—
 2998         (3) The Department of Health shall have the responsibility
 2999  for the operation and implementation of the state laboratory
 3000  certification program. The Department of Health shall contract
 3001  for the evaluation and review of laboratory certification
 3002  applications, and laboratory inspections., except that, Upon
 3003  completion of the evaluation and review of the laboratory
 3004  certification application, the evaluation shall be forwarded,
 3005  along with recommendations, to the department for review and
 3006  comment, prior to final approval or disapproval by the
 3007  Department of Health.
 3008         (4) The following acts constitute grounds for which the
 3009  disciplinary actions specified in subsection (5) may be taken:
 3010         (a) Making false statements on an application or on any
 3011  document associated with certification.
 3012         (b) Making consistent errors in analyses or erroneous
 3013  reporting.
 3014         (c) Permitting personnel who are not qualified, as required
 3015  by rules of the Department of Health, to perform analyses.
 3016         (d) Falsifying the results of analyses.
 3017         (e) Failing to employ approved laboratory methods in
 3018  performing analyses as outlined in rules of the Department of
 3019  Health.
 3020         (f) Failing to properly maintain facilities and equipment
 3021  according to the laboratory’s quality assurance plan.
 3022         (g) Failing to report analytical test results or maintain
 3023  required records of test results as outlined in rules of the
 3024  Department of Health.
 3025         (h) Failing to participate successfully in a performance
 3026  evaluation program approved by the Department of Health.
 3027         (i) Violating any provision of this section or of the rules
 3028  adopted under this section.
 3029         (j) Falsely advertising services or credentials.
 3030         (k) Failing to pay fees for initial certification or
 3031  renewal certification or to pay inspection expenses incurred by
 3032  the Department of Health.
 3033         (l) Failing to report any change of an item included in the
 3034  initial or renewal certification application.
 3035         (m) Refusing to allow representatives of the department or
 3036  the Department of Health to inspect a laboratory and its records
 3037  during normal business hours.
 3038         Section 91. Subsection (1) of section 400.914, Florida
 3039  Statutes, is amended to read:
 3040         400.914 Rules establishing standards.—
 3041         (1) Pursuant to the intention of the Legislature to provide
 3042  safe and sanitary facilities and healthful programs, the agency
 3043  in conjunction with the Division of Children’s Medical Services
 3044  Prevention and Intervention of the Department of Health shall
 3045  adopt and publish rules to implement the provisions of this part
 3046  and part II of chapter 408, which shall include reasonable and
 3047  fair standards. Any conflict between these standards and those
 3048  that may be set forth in local, county, or city ordinances shall
 3049  be resolved in favor of those having statewide effect. Such
 3050  standards shall relate to:
 3051         (a) The assurance that PPEC services are family centered
 3052  and provide individualized medical, developmental, and family
 3053  training services.
 3054         (b) The maintenance of PPEC centers, not in conflict with
 3055  the provisions of chapter 553 and based upon the size of the
 3056  structure and number of children, relating to plumbing, heating,
 3057  lighting, ventilation, and other building conditions, including
 3058  adequate space, which will ensure the health, safety, comfort,
 3059  and protection from fire of the children served.
 3060         (c) The appropriate provisions of the most recent edition
 3061  of the “Life Safety Code” (NFPA-101) shall be applied.
 3062         (d) The number and qualifications of all personnel who have
 3063  responsibility for the care of the children served.
 3064         (e) All sanitary conditions within the PPEC center and its
 3065  surroundings, including water supply, sewage disposal, food
 3066  handling, and general hygiene, and maintenance thereof, which
 3067  will ensure the health and comfort of children served.
 3068         (f) Programs and basic services promoting and maintaining
 3069  the health and development of the children served and meeting
 3070  the training needs of the children’s legal guardians.
 3071         (g) Supportive, contracted, other operational, and
 3072  transportation services.
 3073         (h) Maintenance of appropriate medical records, data, and
 3074  information relative to the children and programs. Such records
 3075  shall be maintained in the facility for inspection by the
 3076  agency.
 3077         Section 92. Paragraph (f) of subsection (8) of section
 3078  411.203, Florida Statutes, is amended to read:
 3079         411.203 Continuum of comprehensive services.—The Department
 3080  of Education and the Department of Health and Rehabilitative
 3081  Services shall utilize the continuum of prevention and early
 3082  assistance services for high-risk pregnant women and for high
 3083  risk and handicapped children and their families, as outlined in
 3084  this section, as a basis for the intraagency and interagency
 3085  program coordination, monitoring, and analysis required in this
 3086  chapter. The continuum shall be the guide for the comprehensive
 3087  statewide approach for services for high-risk pregnant women and
 3088  for high-risk and handicapped children and their families, and
 3089  may be expanded or reduced as necessary for the enhancement of
 3090  those services. Expansion or reduction of the continuum shall be
 3091  determined by intraagency or interagency findings and agreement,
 3092  whichever is applicable. Implementation of the continuum shall
 3093  be based upon applicable eligibility criteria, availability of
 3094  resources, and interagency prioritization when programs impact
 3095  both agencies, or upon single agency prioritization when
 3096  programs impact only one agency. The continuum shall include,
 3097  but not be limited to:
 3100         (f) Parent support groups, such as the community resource
 3101  mother or father program as established in s. 402.45, or parents
 3102  as first teachers, to strengthen families and to enable families
 3103  of high-risk children to better meet their needs.
 3104         Section 93. Paragraph (d) of subsection (11) of section
 3105  409.256, Florida Statutes, is amended to read:
 3106         409.256 Administrative proceeding to establish paternity or
 3107  paternity and child support; order to appear for genetic
 3108  testing.—
 3112         (d) Upon rendering a final order of paternity or a final
 3113  order of paternity and child support, the department shall
 3114  notify the Office Division of Vital Statistics of the Department
 3115  of Health that the paternity of the child has been established.
 3116         Section 94. Effective January 3, 2013, subsection (3) of
 3117  section 458.309, Florida Statutes, is amended to read:
 3118         458.309 Rulemaking authority.—
 3119         (3) A physician All physicians who performs liposuction
 3120  procedures in which more than 1,000 cubic centimeters of
 3121  supernatant fat is removed, perform level 2 procedures lasting
 3122  more than 5 minutes, and all level 3 surgical procedures in an
 3123  office setting must register the office with the department
 3124  unless that office is licensed as a facility under pursuant to
 3125  chapter 395. The department shall inspect the physician’s office
 3126  annually unless the office is accredited by a nationally
 3127  recognized accrediting agency or an accrediting organization
 3128  subsequently approved by the Board of Medicine. The actual costs
 3129  for registration and inspection or accreditation shall be paid
 3130  by the person seeking to register and operate the office setting
 3131  in which office surgery is performed.
 3132         Section 95. Effective January 3, 2013, subsection (2) of
 3133  section 459.005, Florida Statutes, is amended to read:
 3134         459.005 Rulemaking authority.—
 3135         (2) A physician All physicians who performs liposuction
 3136  procedures in which more than 1,000 cubic centimeters of
 3137  supernatant fat is removed, perform level 2 procedures lasting
 3138  more than 5 minutes, and all level 3 surgical procedures in an
 3139  office setting must register the office with the department
 3140  unless that office is licensed as a facility under pursuant to
 3141  chapter 395. The department shall inspect the physician’s office
 3142  annually unless the office is accredited by a nationally
 3143  recognized accrediting agency or an accrediting organization
 3144  subsequently approved by the Board of Osteopathic Medicine. The
 3145  actual costs for registration and inspection or accreditation
 3146  shall be paid by the person seeking to register and operate the
 3147  office setting in which office surgery is performed.
 3148         Section 96. Section 458.346, Florida Statutes, is repealed.
 3149         Section 97. Subsection (3) of section 462.19, Florida
 3150  Statutes, is renumbered as subsection (2), and present
 3151  subsection (2) of that section is amended to read:
 3152         462.19 Renewal of license; inactive status.—
 3153         (2) The department shall adopt rules establishing a
 3154  procedure for the biennial renewal of licenses.
 3155         Section 98. Subsection (6) of section 464.019, Florida
 3156  Statutes, is amended to read:
 3157         464.019 Approval of nursing education programs.—
 3158         (6) ACCOUNTABILITY.—
 3159         (a)1. An approved program must achieve a graduate passage
 3160  rate that is not lower than 10 percentage points less than the
 3161  average passage rate for graduates of comparable degree programs
 3162  who are United States educated first-time test takers on the
 3163  National Council of State Boards of Nursing Licensing
 3164  Examination during a calendar year, as calculated by the
 3165  contract testing service of the National Council of State Boards
 3166  of Nursing. For purposes of this subparagraph, an approved
 3167  program is comparable to all degree programs of the same program
 3168  type from among the following program types:
 3169         a. Professional nursing education programs that terminate
 3170  in a bachelor’s degree.
 3171         b. Professional nursing education programs that terminate
 3172  in an associate degree.
 3173         c. Professional nursing education programs that terminate
 3174  in a diploma.
 3175         d. Practical nursing education programs.
 3176         2. Beginning with graduate passage rates for calendar year
 3177  2010, if an approved program’s graduate passage rates do not
 3178  equal or exceed the required passage rates for 2 consecutive
 3179  calendar years, the board shall place the program on
 3180  probationary status pursuant to chapter 120 and the program
 3181  director must appear before the board to present a plan for
 3182  remediation. The program shall remain on probationary status
 3183  until it achieves a graduate passage rate that equals or exceeds
 3184  the required passage rate for any 1 calendar year. The board
 3185  shall deny a program application for a new prelicensure nursing
 3186  education program submitted by an educational institution if the
 3187  institution has an existing program that is already on
 3188  probationary status.
 3189         3. Upon the program’s achievement of a graduate passage
 3190  rate that equals or exceeds the required passage rate, the
 3191  board, at its next regularly scheduled meeting following release
 3192  of the program’s graduate passage rate by the National Council
 3193  of State Boards of Nursing, shall remove the program’s
 3194  probationary status. However, if the program, during the 2
 3195  calendar years following its placement on probationary status,
 3196  does not achieve the required passage rate for any 1 calendar
 3197  year, the board shall terminate the program pursuant to chapter
 3198  120.
 3199         (b) If an approved program fails to submit the annual
 3200  report required in subsection (4), the board shall notify the
 3201  program director and president or chief executive officer of the
 3202  educational institution in writing within 15 days after the due
 3203  date of the annual report. The program director must appear
 3204  before the board at the board’s next regularly scheduled meeting
 3205  to explain the reason for the delay. The board shall terminate
 3206  the program pursuant to chapter 120 if it does not submit the
 3207  annual report within 6 months after the due date.
 3208         (c) An approved program on probationary status shall
 3209  disclose its probationary status in writing to the program’s
 3210  students and applicants.
 3211         Section 99. Section 464.0197, Florida Statutes, is
 3212  repealed.
 3213         Section 100. Subsection (1) of section 464.203, Florida
 3214  Statutes, is amended to read:
 3215         464.203 Certified nursing assistants; certification
 3216  requirement.—
 3217         (1) The board shall issue a certificate to practice as a
 3218  certified nursing assistant to any person who demonstrates a
 3219  minimum competency to read and write and successfully passes the
 3220  required background screening pursuant to s. 400.215 and meets
 3221  one of the following requirements:
 3222         (a) Has successfully completed an approved training program
 3223  and achieved a minimum score, established by rule of the board,
 3224  on the nursing assistant competency examination, which consists
 3225  of a written portion and skills-demonstration portion approved
 3226  by the board and administered at a site and by personnel
 3227  approved by the department.
 3228         (b) Has achieved a minimum score, established by rule of
 3229  the board, on the nursing assistant competency examination,
 3230  which consists of a written portion and skills-demonstration
 3231  portion, approved by the board and administered at a site and by
 3232  personnel approved by the department and:
 3233         1. Has a high school diploma, or its equivalent; or
 3234         2. Is at least 18 years of age.
 3235         (c) Is currently certified in another state; is listed on
 3236  that state’s certified nursing assistant registry; and has not
 3237  been found to have committed abuse, neglect, or exploitation in
 3238  that state.
 3239         (d) Has completed the curriculum developed under the
 3240  Enterprise Florida Jobs and Education Partnership Grant by the
 3241  Department of Education and achieved a minimum score,
 3242  established by rule of the board, on the nursing assistant
 3243  competency examination, which consists of a written portion and
 3244  skills-demonstration portion, approved by the board and
 3245  administered at a site and by personnel approved by the
 3246  department.
 3247         Section 101. Subsection (4) of section 464.208, Florida
 3248  Statutes, is amended to read:
 3249         464.208 Background screening information; rulemaking
 3250  authority.—
 3251         (4) The board shall adopt rules to administer this part.
 3252         Section 102. Section 466.00775, Florida Statutes, is
 3253  repealed.
 3254         Section 103. Subsection (4) of section 514.011, Florida
 3255  Statutes, is amended to read:
 3256         514.011 Definitions.—As used in this chapter:
 3257         (4) “Public bathing place” means a body of water, natural
 3258  or modified by humans, for swimming, diving, and recreational
 3259  bathing, together with adjacent shoreline or land area,
 3260  buildings, equipment, and appurtenances pertaining thereto, used
 3261  by consent of the owner or owners and held out to the public by
 3262  any person or public body, irrespective of whether a fee is
 3263  charged for the use thereof. The bathing water areas of public
 3264  bathing places include, but are not limited to, lakes, ponds,
 3265  rivers, streams, artificial impoundments, and waters along the
 3266  coastal and intracoastal beaches and shores of the state.
 3267         Section 104. Section 514.021, Florida Statutes, is amended
 3268  to read:
 3269         514.021 Department authorization.—
 3270         (1) The department may adopt and enforce rules, which may
 3271  include definitions of terms, to protect the health, safety, or
 3272  welfare of persons by setting sanitation and safety standards
 3273  for using public swimming pools and public bathing places. The
 3274  department shall review and revise such rules as necessary, but
 3275  not less than biennially. Sanitation and safety standards shall
 3276  include, but not be limited to, matters relating to structure;
 3277  appurtenances; operation; source of water supply;
 3278  microbiological bacteriological, chemical, and physical quality
 3279  of water in the pool or bathing area; method of water
 3280  purification, treatment, and disinfection; lifesaving apparatus;
 3281  and measures to ensure safety of bathers; and measures to ensure
 3282  the personal cleanliness of bathers.
 3283         (2) The department may not establish by rule any regulation
 3284  governing the design, alteration, modification, or repair of
 3285  public swimming pools and bathing places which has no impact on
 3286  sanitation and safety the health, safety, and welfare of persons
 3287  using public swimming pools and bathing places. Further, the
 3288  department may not adopt by rule any regulation governing the
 3289  construction, erection, or demolition of public swimming pools
 3290  and bathing places. It is the intent of the Legislature to
 3291  preempt those functions to the Florida Building Commission
 3292  through adoption and maintenance of the Florida Building Code.
 3293  The department shall provide technical assistance to the
 3294  commission in updating the construction standards of the Florida
 3295  Building Code which govern public swimming pools and bathing
 3296  places. Further, the department is authorized to conduct plan
 3297  reviews, to issue approvals, and to enforce the special
 3298  occupancy provisions of the Florida Building Code which apply to
 3299  public swimming pools and bathing places in conducting any
 3300  inspections authorized by this chapter. This subsection does not
 3301  abrogate the authority of the department to adopt and enforce
 3302  appropriate sanitary regulations and requirements as authorized
 3303  in subsection (1).
 3304         Section 105. Section 514.023, Florida Statutes, is amended
 3305  to read:
 3306         514.023 Sampling of beach waters and public bathing places;
 3307  health advisories.—
 3308         (1) As used in this section, the term “beach waters” means
 3309  the waters along the coastal and intracoastal beaches and shores
 3310  of the state, and includes salt water and brackish water.
 3311         (2) The department may adopt and enforce rules to protect
 3312  the health, safety, and welfare of persons using the beach
 3313  waters and public bathing places of the state. The rules must
 3314  establish health standards and prescribe procedures and
 3315  timeframes for bacteriological sampling of beach waters and
 3316  public bathing places.
 3317         (3) The department may issue health advisories if the
 3318  quality of beach waters or a public bathing place fails to meet
 3319  standards established by the department. The issuance of health
 3320  advisories related to the results of bacteriological sampling of
 3321  beach waters is preempted to the state.
 3322         (4) When the department issues a health advisory against
 3323  swimming in beach waters or a public bathing place on the basis
 3324  of finding elevated levels of fecal coliform, Escherichia coli,
 3325  or enterococci bacteria in a water sample, the department shall
 3326  concurrently notify the municipality or county in which the
 3327  affected beach waters are located, whichever has jurisdiction,
 3328  and the local office of the Department of Environmental
 3329  Protection, of the advisory. The local office of the Department
 3330  of Environmental Protection shall promptly investigate
 3331  wastewater treatment facilities within 1 mile of the affected
 3332  beach waters or public bathing place to determine if a facility
 3333  experienced an incident that may have contributed to the
 3334  contamination and provide the results of the investigation in
 3335  writing or by electronic means to the municipality or county, as
 3336  applicable.
 3337         (5) Contingent upon legislative appropriation to the
 3338  department in the amount of $600,000 nonrecurring, the
 3339  department will perform a 3-year study to determine the water
 3340  quality at beaches throughout the state. The study will be
 3341  performed in all counties that have public-access saltwater and
 3342  brackish water beaches.
 3343         Section 106. Section 514.025, Florida Statutes, is amended
 3344  to read:
 3345         514.025 Assignment of authority to county health
 3346  departments.—
 3347         (1) The department shall assign to county health
 3348  departments that are staffed with qualified engineering
 3349  personnel the functions of reviewing applications and plans for
 3350  the construction, development, or modification of public
 3351  swimming pools or bathing places; of conducting inspections for
 3352  and issuance of initial operating permits; and of issuing all
 3353  permits. If the county health department determines that
 3354  qualified staff are not available is not assigned the functions
 3355  of application and plan review and the issuance of initial
 3356  operating permits, the department shall be responsible for such
 3357  functions. The department shall make the determination
 3358  concerning the qualifications of county health department
 3359  personnel to perform these functions and may make and enforce
 3360  such rules pertaining thereto as it shall deem proper.
 3361         (2) After the initial operating permit is issued, the
 3362  County health departments are responsible shall assume full
 3363  responsibility for routine surveillance of water quality in all
 3364  public swimming pools and bathing places, including
 3365  responsibility for a minimum of two routine inspections
 3366  annually, complaint investigations, enforcement procedures, and
 3367  reissuance of operating permits, and renewal of operating
 3368  permits.
 3369         (3) The department may assign the responsibilities and
 3370  functions specified in this section to any multicounty
 3371  independent special district created by the Legislature to
 3372  perform multiple functions, to include municipal services and
 3373  improvements, to the same extent and under the same conditions
 3374  as provided in subsections (1) and (2), upon request of the
 3375  special district.
 3376         Section 107. Section 514.03, Florida Statutes, is amended
 3377  to read:
 3378         514.03 Construction plans Approval necessary to construct,
 3379  develop, or modify public swimming pools or public bathing
 3380  places.—It is unlawful for any person or public body to
 3381  construct, develop, or modify any public swimming pool or
 3382  bathing place, other than coastal or intracoastal beaches,
 3383  without a valid construction plans approval from the department.
 3384  This section does not preempt the authority of Local governments
 3385  or local enforcement districts may determine to conduct plan
 3386  reviews and inspections of public swimming pools and bathing
 3387  places for compliance with the general construction standards of
 3388  the Florida Building Code, pursuant to s. 553.80. Local
 3389  governments or local enforcement districts may conduct plan
 3390  reviews and inspections of public swimming pools and public
 3391  bathing places for this purpose.
 3392         (1) Any person or public body desiring to construct,
 3393  develop, or modify any public swimming pool or bathing place
 3394  shall file an application for a construction plans approval with
 3395  the department on application forms provided by the department
 3396  and shall accompany such application with:
 3397         (a) Engineering drawings, specifications, descriptions, and
 3398  detailed maps of the structure, its appurtenances, and its
 3399  intended operation.
 3400         (b) A description of the source or sources of water supply
 3401  and amount and quality of water available and intended to be
 3402  used.
 3403         (c) A description of the method and manner of water
 3404  purification, treatment, disinfection, and heating.
 3405         (d) Other applicable information deemed necessary by the
 3406  department to fulfill the requirements of this chapter.
 3407         (2) If the proposed construction of, development of, or
 3408  modification of a public swimming pool or bathing place meets
 3409  standards of public health and safety as defined in this chapter
 3410  and rules adopted hereunder, the department shall grant the
 3411  application for the construction plans approval within 30 days
 3412  after receipt of a complete submittal. If engineering plans
 3413  submitted are in substantial compliance with the standards
 3414  aforementioned, the department may approve the plans with
 3415  provisions for corrective action to be completed prior to
 3416  issuance of the operating permit.
 3417         (3) If the proposed construction, development, or
 3418  modification of a public swimming pool or bathing place fails to
 3419  meet standards of public health and safety as defined in this
 3420  chapter and rules adopted hereunder, the department shall deny
 3421  the application for construction plans approval pursuant to the
 3422  provisions of chapter 120. Such denial shall be issued in
 3423  writing within 30 days and shall list the circumstances for
 3424  denial. Upon correction of such circumstances, an applicant
 3425  previously denied permission to construct, develop, or modify a
 3426  public swimming pool or bathing place may reapply for
 3427  construction plans approval.
 3428         (4) An approval of construction plans issued by the
 3429  department under this section becomes void 1 year after the date
 3430  the approval was issued if the construction is not commenced
 3431  within 1 year after the date of issuance.
 3432         Section 108. Section 514.031, Florida Statutes, is amended
 3433  to read:
 3434         514.031 Permit necessary to operate public swimming pool or
 3435  bathing place.—
 3436         (1) It is unlawful for any person or public body to operate
 3437  or continue to operate any public swimming pool or bathing place
 3438  without a valid permit from the department, such permit to be
 3439  obtained in the following manner:
 3440         (a) Any person or public body desiring to operate any
 3441  public swimming pool or bathing place shall file an application
 3442  for a permit with the department, on application forms provided
 3443  by the department, and shall accompany such application with:
 3444         1. Descriptions of the structure, its appurtenances, and
 3445  its operation.
 3446         1.2. Description of the source or sources of water supply,
 3447  and the amount and quality of water available and intended to be
 3448  used.
 3449         2.3. Method and manner of water purification, treatment,
 3450  disinfection, and heating.
 3451         3.4. Safety equipment and standards to be used.
 3452         5. Measures to ensure personal cleanliness of bathers.
 3453         4.6. Any other pertinent information deemed necessary by
 3454  the department to fulfill the requirements of this chapter.
 3455         (b) If the department determines that the public swimming
 3456  pool or bathing place is or may reasonably be expected to be
 3457  operated in compliance with this chapter and the rules adopted
 3458  hereunder, the department shall grant the application for
 3459  permit.
 3460         (c) If the department determines that the public swimming
 3461  pool or bathing place does not meet the provisions outlined in
 3462  this chapter or the rules adopted hereunder, the department
 3463  shall deny the application for a permit pursuant to the
 3464  provisions of chapter 120. Such denial shall be in writing and
 3465  shall list the circumstances for the denial. Upon correction of
 3466  such circumstances, an applicant previously denied permission to
 3467  operate a public swimming pool or bathing place may reapply for
 3468  a permit.
 3469         (2) Operating permits shall not be required for coastal or
 3470  intracoastal beaches.
 3471         (3) Operating permits may be transferred shall not be
 3472  transferable from one name or owner to another. When the
 3473  ownership or name of an existing public swimming pool or bathing
 3474  place is changed and such establishment is operating at the time
 3475  of the change with a valid permit from the department, the new
 3476  owner of the establishment shall apply to the department, upon
 3477  forms provided by the department, within 30 days after such a
 3478  change, for a reissuance of the existing permit.
 3479         (4) Each such operating permit shall be renewed annually
 3480  and the permit must be posted in a conspicuous place.
 3481         (5) An owner or operator of a public swimming pool,
 3482  including, but not limited to, a spa, wading, or special purpose
 3483  pool, to which admittance is obtained by membership for a fee
 3484  shall post in a prominent location within the facility the most
 3485  recent pool inspection report issued by the department
 3486  pertaining to the health and safety conditions of such facility.
 3487  The report shall be legible and readily accessible to members or
 3488  potential members. The department shall adopt rules to enforce
 3489  this subsection. A portable pool may not be used as a public
 3490  pool.
 3491         Section 109. Section 514.033, Florida Statutes, is amended
 3492  to read:
 3493         514.033 Creation of fee schedules authorized.—
 3494         (1) The department is authorized to establish a schedule of
 3495  fees to be charged by the department or by any authorized county
 3496  health department as detailed in s. 514.025 for the review of
 3497  applications and plans to construct, develop, or modify a public
 3498  swimming pool or bathing place, for the issuance of permits to
 3499  operate such establishments, and for the review of variance
 3500  applications for public swimming pools and bathing places. Fees
 3501  assessed under this chapter shall be in an amount sufficient to
 3502  meet the cost of carrying out the provisions of this chapter.
 3503         (2) The fee schedule shall be: for original construction or
 3504  development plan approval, not less than $275 and not more than
 3505  $500; for modification of original construction, not less than
 3506  $100 and not more than $150; for an initial operating permit,
 3507  not less than $125 and not more than $250; and for review of
 3508  variance applications, not less than $240 and not more than
 3509  $400. The department shall assess the minimum fees provided in
 3510  this subsection until a fee schedule is promulgated by rule of
 3511  the department.
 3512         (3) Fees shall be Any person or public body operating a
 3513  public swimming pool or bathing place shall pay to the
 3514  department an annual operating permit fee based on pool or
 3515  bathing place aggregate gallonage, which shall be: up to and
 3516  including 25,000 gallons, not less than $75 and not more than
 3517  $125; and in excess of 25,000 gallons, not less than $160 and
 3518  not more than $265, except for a pool inspected pursuant to s.
 3519  514.0115(2)(b) for which the annual fee shall be $50.
 3520         (4) Fees collected by the department in accordance with
 3521  this chapter shall be deposited into the Grants and Donations
 3522  Trust Fund or Public Swimming Pool and Bathing Place Trust Fund
 3523  for the payment of costs incurred in the administration of this
 3524  chapter. Fees collected by county health departments performing
 3525  functions pursuant to s. 514.025 shall be deposited into the
 3526  County Health Department Trust Fund. Any fee collected under
 3527  this chapter is nonrefundable.
 3528         (5) The department may not charge any fees for services
 3529  provided under this chapter other than those fees authorized in
 3530  this section. However, the department shall prorate the initial
 3531  annual fee for an operating permit on a half-year basis.
 3532         Section 110. Subsections (4) and (5) of section 514.05,
 3533  Florida Statutes, are amended to read:
 3534         514.05 Denial, suspension, or revocation of permit;
 3535  administrative fines.—
 3536         (4) All amounts collected pursuant to this section shall be
 3537  deposited into the Grants and Donations Trust Fund Public
 3538  Swimming Pool and Bathing Place Trust Fund or into the County
 3539  Health Department Trust Fund, whichever is applicable.
 3540         (5) Under conditions specified by rule, the department may
 3541  close a public pool that is not in compliance with this chapter
 3542  or the rules adopted under this chapter.
 3543         Section 111. Section 514.06, Florida Statutes, is amended
 3544  to read:
 3545         514.06 Injunction to restrain violations.—Any public
 3546  swimming pool or public bathing place presenting a significant
 3547  risk to public health by failing to meet sanitation and safety
 3548  standards established pursuant to constructed, developed,
 3549  operated, or maintained contrary to the provisions of this
 3550  chapter is declared to be a public nuisance, dangerous to health
 3551  or safety. Such nuisances may be abated or enjoined in an action
 3552  brought by the county health department or the department.
 3553         Section 112. Subsections (1) and (2) of section 633.115,
 3554  Florida Statutes, are amended to read:
 3555         633.115 Fire and Emergency Incident Information Reporting
 3556  Program; duties; fire reports.—
 3557         (1)(a) The Fire and Emergency Incident Information
 3558  Reporting Program is created within the Division of State Fire
 3559  Marshal. The program shall:
 3560         1. Establish and maintain an electronic communication
 3561  system capable of transmitting fire and emergency incident
 3562  information to and between fire protection agencies.
 3563         2. Initiate a Fire and Emergency Incident Information
 3564  Reporting System that shall be responsible for:
 3565         a. Receiving fire and emergency incident information from
 3566  fire protection agencies.
 3567         b. Preparing and disseminating annual reports to the
 3568  Governor, the President of the Senate, the Speaker of the House
 3569  of Representatives, fire protection agencies, and, upon request,
 3570  the public. Each report shall include, but not be limited to,
 3571  the information listed in the National Fire Incident Reporting
 3572  System.
 3573         c. Upon request, providing other states and federal
 3574  agencies with fire and emergency incident data of this state.
 3575         3. Adopt rules to effectively and efficiently implement,
 3576  administer, manage, maintain, and use the Fire and Emergency
 3577  Incident Information Reporting Program. The rules shall be
 3578  considered minimum requirements and shall not preclude a fire
 3579  protection agency from implementing its own requirements which
 3580  shall not conflict with the rules of the Division of State Fire
 3581  Marshal.
 3582         4. By rule, establish procedures and a format for each fire
 3583  protection agency to voluntarily monitor its records and submit
 3584  reports to the program.
 3585         5. Establish an electronic information database which is
 3586  accessible and searchable by fire protection agencies.
 3587         (b) The Division of State Fire Marshal shall consult with
 3588  the Division of Forestry of the Department of Agriculture and
 3589  Consumer Services and the State Surgeon General Bureau of
 3590  Emergency Medical Services of the Department of Health to
 3591  coordinate data, ensure accuracy of the data, and limit
 3592  duplication of efforts in data collection, analysis, and
 3593  reporting.
 3594         (2) The Fire and Emergency Incident Information System
 3595  Technical Advisory Panel is created within the Division of State
 3596  Fire Marshal. The panel shall advise, review, and recommend to
 3597  the State Fire Marshal with respect to the requirements of this
 3598  section. The membership of the panel shall consist of the
 3599  following 15 members:
 3600         (a) The current 13 members of the Firefighters Employment,
 3601  Standards, and Training Council as established in s. 633.31.
 3602         (b) One member from the Division of Forestry of the
 3603  Department of Agriculture and Consumer Services, appointed by
 3604  the division director.
 3605         (c) One member from the Bureau of Emergency Medical
 3606  Services of the Department of Health, appointed by the State
 3607  Surgeon General bureau chief.
 3608         Section 113. Subsections (4), (5), (6), (8), (9), (10),
 3609  (11), and (12) of section 1009.66, Florida Statutes, are amended
 3610  to read:
 3611         1009.66 Nursing Student Loan Forgiveness Program.—
 3612         (4) From the funds available, the Department of Education
 3613  Health may make loan principal repayments of up to $4,000 a year
 3614  for up to 4 years on behalf of selected graduates of an
 3615  accredited or approved nursing program. All repayments shall be
 3616  contingent upon continued proof of employment in the designated
 3617  facilities in this state and shall be made directly to the
 3618  holder of the loan. The state shall bear no responsibility for
 3619  the collection of any interest charges or other remaining
 3620  balance. In the event that the designated facilities are
 3621  changed, a nurse shall continue to be eligible for loan
 3622  forgiveness as long as he or she continues to work in the
 3623  facility for which the original loan repayment was made and
 3624  otherwise meets all conditions of eligibility.
 3625         (5) There is created the Nursing Student Loan Forgiveness
 3626  Trust Fund to be administered by the Department of Education
 3627  Health pursuant to this section and s. 1009.67 and department
 3628  rules. The Chief Financial Officer shall authorize expenditures
 3629  from the trust fund upon receipt of vouchers approved by the
 3630  Department of Education Health. All moneys collected from the
 3631  private health care industry and other private sources for the
 3632  purposes of this section shall be deposited into the Nursing
 3633  Student Loan Forgiveness Trust Fund. Any balance in the trust
 3634  fund at the end of any fiscal year shall remain therein and
 3635  shall be available for carrying out the purposes of this section
 3636  and s. 1009.67.
 3637         (6) In addition to licensing fees imposed under part I of
 3638  chapter 464, there is hereby levied and imposed an additional
 3639  fee of $5, which fee shall be paid upon licensure or renewal of
 3640  nursing licensure. Revenues collected from the fee imposed in
 3641  this subsection shall be deposited in the Nursing Student Loan
 3642  Forgiveness Trust Fund of the Department of Education Health and
 3643  will be used solely for the purpose of carrying out the
 3644  provisions of this section and s. 1009.67. Up to 50 percent of
 3645  the revenues appropriated to implement this subsection may be
 3646  used for the nursing scholarship program established pursuant to
 3647  s. 1009.67.
 3648         (8) The Department of Health may solicit technical
 3649  assistance relating to the conduct of this program from the
 3650  Department of Education.
 3651         (8)(9) The Department of Education Health is authorized to
 3652  recover from the Nursing Student Loan Forgiveness Trust Fund its
 3653  costs for administering the Nursing Student Loan Forgiveness
 3654  Program.
 3655         (9)(10) The Department of Education Health may adopt rules
 3656  necessary to administer this program.
 3657         (10)(11) This section shall be implemented only as
 3658  specifically funded.
 3659         (11)(12) Students receiving a nursing scholarship pursuant
 3660  to s. 1009.67 are not eligible to participate in the Nursing
 3661  Student Loan Forgiveness Program.
 3662         Section 114. Section 1009.67, Florida Statutes, is amended
 3663  to read:
 3664         1009.67 Nursing scholarship program.—
 3665         (1) There is established within the Department of Education
 3666  Health a scholarship program for the purpose of attracting
 3667  capable and promising students to the nursing profession.
 3668         (2) A scholarship applicant shall be enrolled in an
 3669  approved nursing program leading to the award of an associate
 3670  degree, a baccalaureate degree, or a graduate degree in nursing.
 3671         (3) A scholarship may be awarded for no more than 2 years,
 3672  in an amount not to exceed $8,000 per year. However, registered
 3673  nurses pursuing a graduate degree for a faculty position or to
 3674  practice as an advanced registered nurse practitioner may
 3675  receive up to $12,000 per year. These amounts shall be adjusted
 3676  by the amount of increase or decrease in the consumer price
 3677  index for urban consumers published by the United States
 3678  Department of Commerce.
 3679         (4) Credit for repayment of a scholarship shall be as
 3680  follows:
 3681         (a) For each full year of scholarship assistance, the
 3682  recipient agrees to work for 12 months in a faculty position in
 3683  a college of nursing or Florida College System institution
 3684  nursing program in this state or at a health care facility in a
 3685  medically underserved area as designated approved by the
 3686  Department of Health. Scholarship recipients who attend school
 3687  on a part-time basis shall have their employment service
 3688  obligation prorated in proportion to the amount of scholarship
 3689  payments received.
 3690         (b) Eligible health care facilities include nursing homes
 3691  and hospitals in this state, state-operated medical or health
 3692  care facilities, public schools, county health departments,
 3693  federally sponsored community health centers, colleges of
 3694  nursing in universities in this state, and Florida College
 3695  System institution nursing programs in this state, family
 3696  practice teaching hospitals as defined in s. 395.805, or
 3697  specialty children’s hospitals as described in s. 409.9119. The
 3698  recipient shall be encouraged to complete the service obligation
 3699  at a single employment site. If continuous employment at the
 3700  same site is not feasible, the recipient may apply to the
 3701  department for a transfer to another approved health care
 3702  facility.
 3703         (c) Any recipient who does not complete an appropriate
 3704  program of studies, who does not become licensed, who does not
 3705  accept employment as a nurse at an approved health care
 3706  facility, or who does not complete 12 months of approved
 3707  employment for each year of scholarship assistance received
 3708  shall repay to the Department of Education Health, on a schedule
 3709  to be determined by the department, the entire amount of the
 3710  scholarship plus 18 percent interest accruing from the date of
 3711  the scholarship payment. Moneys repaid shall be deposited into
 3712  the Nursing Student Loan Forgiveness Trust Fund established in
 3713  s. 1009.66. However, the department may provide additional time
 3714  for repayment if the department finds that circumstances beyond
 3715  the control of the recipient caused or contributed to the
 3716  default.
 3717         (5) Scholarship payments shall be transmitted to the
 3718  recipient upon receipt of documentation that the recipient is
 3719  enrolled in an approved nursing program. The Department of
 3720  Education Health shall develop a formula to prorate payments to
 3721  scholarship recipients so as not to exceed the maximum amount
 3722  per academic year.
 3723         (6) The Department of Education Health shall adopt rules,
 3724  including rules to address extraordinary circumstances that may
 3725  cause a recipient to default on either the school enrollment or
 3726  employment contractual agreement, to implement this section.
 3727         (7) The Department of Education Health may recover from the
 3728  Nursing Student Loan Forgiveness Trust Fund its costs for
 3729  administering the nursing scholarship program.
 3730         Section 115. Department of Health; type two transfer.—
 3731         (1) All powers, duties, functions, records, offices,
 3732  personnel, associated administrative support positions,
 3733  property, pending issues, existing contracts, administrative
 3734  authority, administrative rules, and unexpended balances of
 3735  appropriations, allocations, and other funds relating to the
 3736  Nursing Student Loan Forgiveness Program and the nursing
 3737  scholarship program in the Department of Health are transferred
 3738  by a type two transfer, as defined in s. 20.06(2), Florida
 3739  Statutes, to the Department of Education.
 3740         (2) The Nursing Student Loan Forgiveness Trust Fund is
 3741  transferred from the Department of Health to the Department of
 3742  Education.
 3743         (3) Any binding contract or interagency agreement related
 3744  to the Nursing Student Loan Forgiveness Program existing before
 3745  July 1, 2012, between the Department of Health, or an entity or
 3746  agent of the agency, and any other agency, entity, or person
 3747  shall continue as a binding contract or agreement for the
 3748  remainder of the term of such contract or agreement on the
 3749  successor department, agency, or entity responsible for the
 3750  program, activity, or functions relative to the contract or
 3751  agreement.
 3752         (4) Notwithstanding s. 216.292 and pursuant to s. 216.351,
 3753  Florida Statutes, upon approval by the Legislative Budget
 3754  Commission, the Executive Office of the Governor may transfer
 3755  funds and positions between agencies to implement this act.
 3756         (5) The transfer of any program, activity, duty, or
 3757  function under this act includes the transfer of any records and
 3758  unexpended balances of appropriations, allocations, or other
 3759  funds related to such program, activity, duty, or function.
 3760  Unless otherwise provided, the successor organization to any
 3761  program, activity, duty, or function transferred under this act
 3762  shall become the custodian of any property of the organization
 3763  that was responsible for the program, activity, duty, or
 3764  function immediately before the transfer.
 3765         Section 116. The Division of Medical Quality Assurance
 3766  shall develop a plan to improve the efficiency of its functions.
 3767  Specifically, the plan shall delineate methods to: reduce the
 3768  average length of time for a qualified applicant to receive
 3769  initial and renewal licensure, certification, or registration,
 3770  by one-third; improve the agenda process for board meetings to
 3771  increase transparency, timeliness, and usefulness for board
 3772  decisionmaking; and improve the cost-effectiveness and
 3773  efficiency of the joint functions of the division and the
 3774  regulatory boards. In developing the plan, the division shall
 3775  identify and analyze best practices found within the division
 3776  and other state agencies with similar functions, options for
 3777  information technology improvements, options for contracting
 3778  with outside entities, and any other option the division deems
 3779  useful. The division shall consult with and solicit
 3780  recommendations from the regulatory boards in developing the
 3781  plan. The division shall submit the plan to the Governor, the
 3782  Speaker of the House of Representatives, and the President of
 3783  the Senate by November 1, 2012. All executive branch agencies
 3784  are instructed, and all other state agencies are requested, to
 3785  assist the division in accomplishing its purposes under this
 3786  section.
 3787         Section 117. Paragraph (e) of subsection (2) of section
 3788  154.503, Florida Statutes, is amended to read:
 3789         154.503 Primary Care for Children and Families Challenge
 3790  Grant Program; creation; administration.—
 3791         (2) The department shall:
 3792         (e) Coordinate with the primary care program developed
 3793  pursuant to s. 154.011, the Florida Healthy Kids Corporation
 3794  program created in s. 624.91, the school health services program
 3795  created in ss. 381.0056 and 381.0057, the Healthy Communities,
 3796  Healthy People Program created in s. 381.734, and the volunteer
 3797  health care provider program developed pursuant to s. 766.1115.
 3798         Section 118. Subsection (1), paragraph (c) of subsection
 3799  (3), and subsection (9) of section 381.0041, Florida Statutes,
 3800  are amended to read:
 3801         381.0041 Donation and transfer of human tissue; testing
 3802  requirements.—
 3803         (1) Every donation of blood, plasma, organs, skin, or other
 3804  human tissue for transfusion or transplantation to another shall
 3805  be tested prior to transfusion or other use for human
 3806  immunodeficiency virus infection and other communicable diseases
 3807  specified by rule of the Department of Health. Tests for the
 3808  human immunodeficiency virus infection shall be performed only
 3809  after obtaining written, informed consent from the potential
 3810  donor or the donor’s legal representative. Such consent may be
 3811  given by a minor pursuant to s. 743.06. Obtaining consent shall
 3812  include a fair explanation of the procedures to be followed and
 3813  the meaning and use of the test results. Such explanation shall
 3814  include a description of the confidential nature of the test as
 3815  described in s. 381.004(2) 381.004(3). If consent for testing is
 3816  not given, then the person shall not be accepted as a donor
 3817  except as otherwise provided in subsection (3).
 3818         (3) No person shall collect any blood, organ, skin, or
 3819  other human tissue from one human being and hold it for, or
 3820  actually perform, any implantation, transplantation,
 3821  transfusion, grafting, or any other method of transfer to
 3822  another human being without first testing such tissue for the
 3823  human immunodeficiency virus and other communicable diseases
 3824  specified by rule of the Department of Health, or without
 3825  performing another process approved by rule of the Department of
 3826  Health capable of killing the causative agent of those diseases
 3827  specified by rule. Such testing shall not be required:
 3828         (c) When there is insufficient time to obtain the results
 3829  of a confirmatory test for any tissue or organ which is to be
 3830  transplanted, notwithstanding the provisions of s. 381.004(2)(d)
 3831  381.004(3)(d). In such circumstances, the results of preliminary
 3832  screening tests may be released to the potential recipient’s
 3833  treating physician for use in determining organ or tissue
 3834  suitability.
 3835         (9) All blood banks shall be governed by the
 3836  confidentiality provisions of s. 381.004(2) 381.004(3).
 3837         Section 119. Paragraph (b) of subsection (3) of section
 3838  384.25, Florida Statutes, is amended to read:
 3839         384.25 Reporting required.—
 3840         (3) To ensure the confidentiality of persons infected with
 3841  the human immunodeficiency virus (HIV), reporting of HIV
 3842  infection and AIDS must be conducted using a system developed by
 3843  the Centers for Disease Control and Prevention of the United
 3844  States Public Health Service or an equivalent system.
 3845         (b) The reporting may not affect or relate to anonymous HIV
 3846  testing programs conducted pursuant to s. 381.004(3) 381.004(4).
 3847         Section 120. Subsection (5) of section 392.56, Florida
 3848  Statutes, is amended to read:
 3849         392.56 Hospitalization, placement, and residential
 3850  isolation.—
 3851         (5) If the department petitions the circuit court to order
 3852  that a person who has active tuberculosis be hospitalized in a
 3853  facility operated under s. 392.62(2), the department shall
 3854  notify the facility of the potential court order.
 3855         Section 121. Subsection (2) of section 456.032, Florida
 3856  Statutes, is amended to read:
 3857         456.032 Hepatitis B or HIV carriers.—
 3858         (2) Any person licensed by the department and any other
 3859  person employed by a health care facility who contracts a blood
 3860  borne infection shall have a rebuttable presumption that the
 3861  illness was contracted in the course and scope of his or her
 3862  employment, provided that the person, as soon as practicable,
 3863  reports to the person’s supervisor or the facility’s risk
 3864  manager any significant exposure, as that term is defined in s.
 3865  381.004(1)(c) 381.004(2)(c), to blood or body fluids. The
 3866  employer may test the blood or body fluid to determine if it is
 3867  infected with the same disease contracted by the employee. The
 3868  employer may rebut the presumption by the preponderance of the
 3869  evidence. Except as expressly provided in this subsection, there
 3870  shall be no presumption that a blood-borne infection is a job
 3871  related injury or illness.
 3872         Section 122. Subsection (15) of section 499.003, Florida
 3873  Statutes, is amended to read:
 3874         499.003 Definitions of terms used in this part.—As used in
 3875  this part, the term:
 3876         (15) “Department” means the Department of Business and
 3877  Professional Regulation Department of Health.
 3878         Section 123. Subsection (2) of section 499.601, Florida
 3879  Statutes, is amended to read:
 3880         499.601 Legislative intent; construction.—
 3881         (2) The provisions of this part are cumulative and shall
 3882  not be construed as repealing or affecting any powers, duties,
 3883  or authority of the department of Health under any other law of
 3884  this state; except that, with respect to the regulation of ether
 3885  as herein provided, in instances in which the provisions of this
 3886  part may conflict with any other such law, the provisions of
 3887  this part shall control.
 3888         Section 124. Subsection (2) of section 499.61, Florida
 3889  Statutes, is amended to read:
 3890         499.61 Definitions.—As used in this part:
 3891         (2) “Department” means the Department of Business and
 3892  Professional Regulation Department of Health.
 3893         Section 125. Subsection (2) of section 513.10, Florida
 3894  Statutes, is amended to read:
 3895         513.10 Operating without permit; enforcement of chapter;
 3896  penalties.—
 3897         (2) This chapter or rules adopted under this chapter may be
 3898  enforced in the manner provided in s. 381.0012 and as provided
 3899  in this chapter. Violations of this chapter and the rules
 3900  adopted under this chapter are subject to the penalties provided
 3901  in this chapter and in s. ss. 381.0025 and 381.0061.
 3902         Section 126. Paragraph (b) of subsection (9) of section
 3903  768.28, Florida Statutes, is amended to read:
 3904         768.28 Waiver of sovereign immunity in tort actions;
 3905  recovery limits; limitation on attorney fees; statute of
 3906  limitations; exclusions; indemnification; risk management
 3907  programs.—
 3908         (9)
 3909         (b) As used in this subsection, the term:
 3910         1. “Employee” includes any volunteer firefighter.
 3911         2. “Officer, employee, or agent” includes, but is not
 3912  limited to, any health care provider when providing services
 3913  pursuant to s. 766.1115; any member of the Florida Health
 3914  Services Corps, as defined in s. 381.0302, who provides
 3915  uncompensated care to medically indigent persons referred by the
 3916  Department of Health; any nonprofit independent college or
 3917  university located and chartered in this state which owns or
 3918  operates an accredited medical school, and its employees or
 3919  agents, when providing patient services pursuant to paragraph
 3920  (10)(f); and any public defender or her or his employee or
 3921  agent, including, among others, an assistant public defender and
 3922  an investigator.
 3923         Section 127. Subsection (1) of section 775.0877, Florida
 3924  Statutes, is amended to read:
 3925         775.0877 Criminal transmission of HIV; procedures;
 3926  penalties.—
 3927         (1) In any case in which a person has been convicted of or
 3928  has pled nolo contendere or guilty to, regardless of whether
 3929  adjudication is withheld, any of the following offenses, or the
 3930  attempt thereof, which offense or attempted offense involves the
 3931  transmission of body fluids from one person to another:
 3932         (a) Section 794.011, relating to sexual battery;
 3933         (b) Section 826.04, relating to incest;
 3934         (c) Section 800.04, relating to lewd or lascivious offenses
 3935  committed upon or in the presence of persons less than 16 years
 3936  of age;
 3937         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
 3938  relating to assault;
 3939         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
 3940  relating to aggravated assault;
 3941         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
 3942  relating to battery;
 3943         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
 3944  relating to aggravated battery;
 3945         (h) Section 827.03(1), relating to child abuse;
 3946         (i) Section 827.03(2), relating to aggravated child abuse;
 3947         (j) Section 825.102(1), relating to abuse of an elderly
 3948  person or disabled adult;
 3949         (k) Section 825.102(2), relating to aggravated abuse of an
 3950  elderly person or disabled adult;
 3951         (l) Section 827.071, relating to sexual performance by
 3952  person less than 18 years of age;
 3953         (m) Sections 796.03, 796.07, and 796.08, relating to
 3954  prostitution; or
 3955         (n) Section 381.0041(11)(b), relating to donation of blood,
 3956  plasma, organs, skin, or other human tissue,
 3958  the court shall order the offender to undergo HIV testing, to be
 3959  performed under the direction of the Department of Health in
 3960  accordance with s. 381.004, unless the offender has undergone
 3961  HIV testing voluntarily or pursuant to procedures established in
 3962  s. 381.004(2)(h)6. 381.004(3)(h)6. or s. 951.27, or any other
 3963  applicable law or rule providing for HIV testing of criminal
 3964  offenders or inmates, subsequent to her or his arrest for an
 3965  offense enumerated in paragraphs (a)-(n) for which she or he was
 3966  convicted or to which she or he pled nolo contendere or guilty.
 3967  The results of an HIV test performed on an offender pursuant to
 3968  this subsection are not admissible in any criminal proceeding
 3969  arising out of the alleged offense.
 3970         Section 128. Except as otherwise expressly provided in this
 3971  act, this act shall take effect upon becoming a law.
 3973  ================= T I T L E  A M E N D M E N T ================
 3974         And the title is amended as follows:
 3975         Delete everything before the enacting clause
 3976  and insert:
 3977                        A bill to be entitled                      
 3978         An act relating to the Department of Health; amending
 3979         s. 20.43, F.S.; revising the purpose of the
 3980         department; revising duties of the State Surgeon
 3981         General; eliminating the Officer of Women’s Health
 3982         Strategy; revising divisions within the department;
 3983         amending s. 20.435, F.S.; eliminating the Florida
 3984         Drug, Device, and Cosmetic Trust Fund as a trust fund
 3985         under the department; amending s. 154.05, F.S.;
 3986         providing that two or more counties may combine for
 3987         the operation of a county health department under
 3988         certain circumstances; providing criteria for such an
 3989         agreement; specifying that an interlocal agreement may
 3990         only be terminated at the end of a contract year;
 3991         requiring the parties to give written notice to the
 3992         department no less than 90 days before the
 3993         termination; amending s. 215.5602, F.S.; conforming
 3994         references; amending s. 381.001, F.S.; revising
 3995         legislative intent; requiring the Department of Health
 3996         to be responsible for the state public health system;
 3997         requiring the department to provide leadership for a
 3998         partnership involving federal, state, and local
 3999         government and the private sector to accomplish public
 4000         health goals; amending s. 381.0011, F.S.; revising
 4001         duties and powers of the department; repealing s.
 4002         381.0013, F.S., relating to the department’s authority
 4003         to exercise the power of eminent domain; repealing s.
 4004         381.0014, F.S., relating to department rules that
 4005         superseded regulations and ordinances enacted by other
 4006         state departments, boards or commissions, or
 4007         municipalities; repealing s. 381.0015, F.S., relating
 4008         to judicial presumptions regarding the department’s
 4009         authority to enforce public health rules; amending s.
 4010         381.0016, F.S.; allowing a county to enact health
 4011         regulations and ordinances consistent with state law;
 4012         repealing s. 381.0017, F.S., relating to the purchase,
 4013         lease, and sale of real property by the department;
 4014         repealing s. 381.0025, F.S., relating to penalties;
 4015         amending s. 381.003, F.S.; revising provisions
 4016         relating to the department’s responsibility for
 4017         communicable disease prevention and control programs;
 4018         amending s. 381.0031, F.S.; permitting the department
 4019         to conduct studies concerning epidemiology of diseases
 4020         of public health significance; specifying that the
 4021         list of diseases of public health significance is
 4022         based on the recommendations to be nationally
 4023         notifiable by the Council of State and Territorial
 4024         Epidemiologists and the Centers for Disease Control
 4025         and Prevention; authorizing the department to expand
 4026         the list if a disease emerges for which regular,
 4027         frequent and timely information regarding individual
 4028         cases is considered necessary for the prevention and
 4029         control of a disease specific to Florida; amending s.
 4030         381.00315, F.S.; authorizing the department to
 4031         declare, enforce, modify, and abolish quarantines of
 4032         persons, animals, and premises for controlling
 4033         communicable diseases or providing protection from
 4034         unsafe conditions that pose a threat to public health;
 4035         requiring the department to establish rules for
 4036         conditions and procedures for imposing and releasing a
 4037         quarantine; requiring specific provisions to be
 4038         included in rules; providing that the rules
 4039         established under this section supersede all rules
 4040         enacted by other state agencies, boards, or political
 4041         subdivisions; providing that a violation of the rules
 4042         established under the section, a quarantine, or
 4043         requirement adopted pursuant to a declared public
 4044         health emergency is a second-degree misdemeanor;
 4045         providing penalties; repealing s. 381.0032, F.S.,
 4046         relating to epidemiological research; repealing s.
 4047         381.00325, F.S., relating to the Hepatitis A awareness
 4048         program; amending s. 381.0034, F.S.; deleting an
 4049         obsolete qualifying date reference; repealing s.
 4050         381.0037, F.S., relating to legislative findings and
 4051         intent with respect to AIDS; amending s. 381.004,
 4052         F.S.; deleting legislative intent; conforming cross
 4053         references; amending 381.0046, F.S.; requiring the
 4054         department to establish dedicated HIV and AIDS
 4055         regional and statewide minority coordinators; deleting
 4056         the requirement that the statewide director report to
 4057         the chief of the Bureau of HIV and AIDS within the
 4058         department; amending s. 381.0051, F.S.; deleting
 4059         legislative intent for the Comprehensive Family
 4060         Planning Act; amending s. 381.0052, F.S., relating to
 4061         the “Public Health Dental Program Act”; repealing
 4062         unused department rulemaking authority; amending s.
 4063         381.0053, F.S., relating to the comprehensive
 4064         nutrition program; repealing unused department
 4065         rulemaking authority; repealing s. 381.0054, F.S.,
 4066         relating to healthy lifestyles promotion by the
 4067         department; amending s. 381.0056, F.S., relating to
 4068         the “School Health Services Act”; deleting legislative
 4069         findings; deleting the requirement that school health
 4070         programs funded by health care districts or entities
 4071         be supplementary to and consistent with the act and
 4072         other applicable statutes; amending s. 381.0057, F.S.,
 4073         relating to funding for school health services;
 4074         deleting legislative intent; amending s. 381.00591,
 4075         F.S.; permitting the department to apply for and
 4076         become a National Environmental Laboratory
 4077         Accreditation Program accreditation body; eliminating
 4078         rulemaking authority of the department to implement
 4079         standards of the National Environmental Laboratory
 4080         Accreditation Program; amending s. 381.00593, F.S.;
 4081         removing unused rulemaking authority relating to the
 4082         public school volunteer health care practitioner
 4083         program; amending s. 381.0062, F.S., relating to the
 4084         “Comprehensive Family Planning Act”; deleting
 4085         legislative intent; conforming a cross-reference;
 4086         amending s. 381.0065, F.S., relating to regulation of
 4087         onsite sewage treatment and disposal systems; deleting
 4088         legislative intent; defining the term “bedroom”;
 4089         conforming cross-references; conforming provisions to
 4090         changes made by the act; providing for any permit
 4091         issued and approved by the Department of Health for
 4092         the installation, modification, or repair of an onsite
 4093         sewage treatment and disposal system to transfer with
 4094         the title of the property; providing conditions under
 4095         which governmental entities are prohibited from
 4096         requiring certain inspections and systems; providing
 4097         applicability; providing an exception; providing
 4098         circumstances in which an onsite sewage treatment and
 4099         disposal system is not considered abandoned; providing
 4100         for the validity of an onsite sewage treatment and
 4101         disposal system permit if rules change before final
 4102         approval of the constructed system, under certain
 4103         conditions; providing that a system modification,
 4104         replacement, or upgrade is not required unless a
 4105         bedroom is added to a single-family home; deleting
 4106         provisions requiring the department to administer an
 4107         evaluation and assessment program of onsite sewage
 4108         treatment and disposal systems and requiring property
 4109         owners to have such systems evaluated at least once
 4110         every 5 years; deleting obsolete provisions; creating
 4111         s. 381.00651, F.S.; requiring a county or municipality
 4112         containing a first magnitude spring to adopt by
 4113         ordinance, under certain circumstances, the program
 4114         for the periodic evaluation and assessment of onsite
 4115         sewage treatment and disposal systems; requiring the
 4116         county or municipality to notify the Secretary of
 4117         State of the ordinance; authorizing a county or
 4118         municipality, in specified circumstances, to opt out
 4119         by a vote of 60 percent of the governing board;
 4120         authorizing a county or municipality to adopt or
 4121         repeal, after a specified date, an ordinance creating
 4122         an evaluation and assessment program, subject to
 4123         notification of the Secretary of State; providing
 4124         criteria for evaluations, qualified contractors, and
 4125         repair of systems; providing for certain procedures
 4126         and exemptions in special circumstances; defining the
 4127         term “system failure”; requiring that certain
 4128         procedures be used for conducting tank and drainfield
 4129         evaluations; providing for certain procedures in
 4130         special circumstances; providing for contractor
 4131         immunity from liability under certain conditions;
 4132         providing for assessment procedures; providing
 4133         requirements for county health departments; requiring
 4134         the Department of Health to allow county health
 4135         departments and qualified contractors to access the
 4136         state database to track data and evaluation reports;
 4137         requiring counties and municipalities to notify the
 4138         Secretary of Environmental Protection and the
 4139         Department of Health when an evaluation program
 4140         ordinance is adopted; requiring the Department of
 4141         Environmental Protection to notify those counties or
 4142         municipalities of the use of, and access to, certain
 4143         state and federal program funds and to provide certain
 4144         guidance and technical assistance upon request;
 4145         prohibiting the adoption of certain rules by the
 4146         Department of Health; providing for applicability;
 4147         repealing s. 381.00656, F.S., relating to a grant
 4148         program for the repair of onsite sewage treatment and
 4149         disposal systems; amending s. 381.0066, F.S.; lowering
 4150         the fees imposed by the department for certain
 4151         permits; conforming cross-references; amending s.
 4152         381.0068, F.S.; deleting a date by which a technical
 4153         review and advisory panel must be established within
 4154         the department for assistance with rule adoption;
 4155         deleting the authority of the chair of the panel to
 4156         advise affected persons or the Legislature of the
 4157         panel’s position on legislation, proposed state
 4158         policy, or other issue; amending s. 381.0072, F.S.;
 4159         revising the definition of the term “food
 4160         establishment” to include certain facilities
 4161         participating in the United States Department of
 4162         Agriculture Afterschool Meal Program; amending s.
 4163         381.00781, F.S.; eliminating authority of the
 4164         department to annually adjust maximum fees according
 4165         to the Consumer Price Index; amending s. 381.0086,
 4166         F.S.; revising department rulemaking authority
 4167         relating to migrant farmworkers and other migrant
 4168         labor camp or residential migrant housing occupants;
 4169         removing lighting and maintenance and operation of
 4170         roads from the list of health and safety standards to
 4171         be created by the department; conforming a cross
 4172         reference; amending s. 381.0098, F.S.; deleting
 4173         legislative intent with respect to standards for the
 4174         safe packaging, transport, storage, treatment, and
 4175         disposal of biomedical waste; conforming a cross
 4176         reference; amending s. 381.0101, F.S.; deleting
 4177         legislative intent regarding certification of
 4178         environmental health professionals; providing for the
 4179         State Surgeon General, rather than the Division
 4180         Director for Emergency Preparedness and Community
 4181         Support, to serve on an environmental health
 4182         professionals advisory board; conforming a cross
 4183         reference; amending s. 381.0203, F.S.; eliminating the
 4184         regulation of drugs, cosmetics, and household products
 4185         under ch. 499, F.S., from the pharmacy services
 4186         program; eliminating the contraception distribution
 4187         program at county health departments; amending s.
 4188         381.0261, F.S.; requiring the department, rather than
 4189         the Agency for Health Care Administration, to publish
 4190         a summary of the Florida Patient’s Bill of Rights and
 4191         Responsibilities on its Internet website; deleting the
 4192         requirement to print and distribute the summary;
 4193         repealing s. 381.0301, F.S., relating to the Centers
 4194         for Disease Control and Prevention, the State
 4195         University System, Florida medical schools, and the
 4196         College of Public Health of the University of South
 4197         Florida; deleting the requirement that the College of
 4198         Public Health be consulted by state officials in the
 4199         management of public health; repealing s. 381.0302,
 4200         F.S.; eliminating the Florida Health Services Corps;
 4201         amending s. 381.0303, F.S.; eliminating the
 4202         requirement that the Special Needs Shelter Interagency
 4203         Committee submit recommendations to the Legislature;
 4204         repealing s. 381.04015, F.S.; eliminating the Women’s
 4205         Health Strategy Office and Officer of Women’s Health
 4206         Strategy; amending s. 381.0403, F.S., relating to the
 4207         “Community Hospital Education Act”; deleting
 4208         legislative findings and intent; revising the mission
 4209         of the program; requiring minimum funding for graduate
 4210         education in family practice; deleting reference to an
 4211         intent to establish a statewide graduate medical
 4212         education program; amending s. 381.0405, F.S.;
 4213         deleting an appropriation to the Office of Rural
 4214         Health; amending s. 381.0406, F.S.; deleting
 4215         unnecessary introductory language in provisions
 4216         relating to rural health networks; repealing s.
 4217         381.0407, F.S., to eliminate the mandatory payment of
 4218         claims from public health care providers and county
 4219         health departments by managed care plans; repealing s.
 4220         381.045, F.S.; eliminating department authority to
 4221         provide services to certain health care providers
 4222         infected with Hepatitis B or HIV; amending s.
 4223         381.06015, F.S.; deleting obsolete provision that
 4224         requires the department, the Agency for Health Care
 4225         Administration, and private consortium members seeking
 4226         private or federal funds to initiate certain program
 4227         actions relating to the Public Cord Blood Tissue Bank;
 4228         repealing s. 381.0605, F.S., relating to designating
 4229         the Agency for Health Care Administration as the state
 4230         agency to administer the Federal Hospital and Medical
 4231         Facilities Amendments of 1964; eliminating authority
 4232         of the Governor to provide for administration of the
 4233         amendments; repealing ss. 381.1001-381.103, F.S., the
 4234         Florida Community Health Protection Act; amending s.
 4235         381.4018, F.S.; deleting legislative findings and
 4236         intent with respect to physician workforce assessment
 4237         and development; conforming a cross-reference;
 4238         repealing s. 381.60225, F.S., to eliminate background
 4239         screening requirements for health care professionals
 4240         and owners, operators, and employees of certain health
 4241         care providers, services, and programs; repealing ss.
 4242         381.732-381.734, F.S., the “Healthy People, Healthy
 4243         Communities Act”; amending s. 381.7352, F.S.; deleting
 4244         legislative findings relating to the “Reducing Racial
 4245         and Ethnic Health Disparities: Closing the Gap Act”;
 4246         amending s. 381.7353, F.S.; removing the authority of
 4247         the State Surgeon General to appoint an ad hoc
 4248         committee to study certain aspects of racial and
 4249         ethnic health outcome disparities and make
 4250         recommendations; amending s. 381.7356, F.S.; deleting
 4251         a provision requiring dissemination of Closing the Gap
 4252         grant awards to begin on a date certain; amending s.
 4253         381.765, F.S.; repealing unused rulemaking authority
 4254         relating to records and recordkeeping for department
 4255         owned property; repealing s. 381.77, F.S., to
 4256         eliminate the annual survey of nursing home residents
 4257         age 55 and under; repealing s. 381.795, F.S., to
 4258         eliminate the requirement that the department
 4259         establish a program of long-term community-based
 4260         supports and services for individuals with traumatic
 4261         brain or spinal cord injuries; amending s. 381.853,
 4262         F.S.; deleting legislative findings relating to brain
 4263         tumor research; repealing s. 381.855, F.S., which
 4264         established the Florida Center for Universal Research
 4265         to Eradicate Disease; repealing s. 381.87, F.S., to
 4266         eliminate the osteoporosis prevention and education
 4267         program; repealing s. 381.90, F.S., to eliminate the
 4268         Health Information Systems Council; amending s.
 4269         381.91, F.S., relating to the Jesse Trice Cancer
 4270         Program; revising legislative intent; amending
 4271         381.922, F.S.; conforming a reference; amending s.
 4272         383.011, F.S.; requiring the Department of Health to
 4273         establish an interagency agreement with the Department
 4274         of Children and Family Services for management of the
 4275         Special Supplemental Nutrition program for Women,
 4276         Infants, and Children; specifying responsibilities of
 4277         each department; creating s. 383.141, F.S.; providing
 4278         legislative findings; providing definitions; requiring
 4279         that health care providers provide pregnant women with
 4280         current information about the nature of the
 4281         developmental disabilities tested for in certain
 4282         prenatal tests, the accuracy of such tests, and
 4283         resources for obtaining support services for Down
 4284         syndrome and other prenatally diagnosed developmental
 4285         disabilities; providing duties for the Department of
 4286         Health concerning establishment of an information
 4287         clearinghouse; creating an advocacy council within the
 4288         Department of Health to provide technical assistance
 4289         in forming the clearinghouse; providing membership for
 4290         the council; providing duties of the council;
 4291         providing terms for members of the council; providing
 4292         for election of a chairperson and vice chairperson;
 4293         providing meeting times for the council; requiring the
 4294         members to serve without compensation or reimbursement
 4295         for travel expenses; authorizing meetings by
 4296         teleconference or other electronic means; requiring
 4297         the Department of Health to provide administrative
 4298         support; repealing s. 385.210, F.S., the Arthritis
 4299         Prevention and Education Act by a specific date;
 4300         amending s. 391.016, F.S.; clarifying the purposes and
 4301         functions of the Children’s Medical Services program;
 4302         requiring the coordination and maintenance of a
 4303         medical home for participating children; amending s.
 4304         391.021, F.S.; revising definitions; amending s.
 4305         391.025, F.S.; revising the components of the
 4306         Children’s Medical Services program; amending s.
 4307         391.026, F.S.; revising the powers and duties of the
 4308         department in administering the Children’s Medical
 4309         Services network; amending s. 391.028, F.S.;
 4310         eliminating the central office and area offices of the
 4311         Children’s Medical Services program; authorizing the
 4312         Director of Children’s Medical Services to appoint
 4313         necessary staff and contract with providers to
 4314         establish a system to provide certain program
 4315         activities on a statewide basis; amending s. 391.029,
 4316         F.S.; specifying eligibility for services provided
 4317         under the Children’s Medical Services program;
 4318         clarifying who may receive services under the program;
 4319         deleting the requirement that the department determine
 4320         financial and medical eligibility for program;
 4321         deleting the requirement that the department determine
 4322         the financial ability of parents to pay for services;
 4323         eliminating discretion of the department to pay
 4324         reasonable travel expenses; amending s. 391.0315,
 4325         F.S.; deleting a prohibition against a child eligible
 4326         under Title XIX or XXI of the Social Security Act from
 4327         receiving services under the program until the child
 4328         is enrolled in Medicaid or a Title XXI program;
 4329         amending s. 392.51, F.S., relating to tuberculosis
 4330         control; removing legislative findings and intent;
 4331         amending s. 392.61, F.S.; eliminating the requirement
 4332         that the department develop a methodology for
 4333         distributing funds appropriated for community
 4334         tuberculosis control programs; amending s. 392.62,
 4335         F.S.; requiring a contractor to use licensed community
 4336         hospitals and other facilities for the care and
 4337         treatment of persons who have active tuberculosis or a
 4338         history of noncompliance with prescribed drug regimens
 4339         and require inpatient or other residential services;
 4340         removing authority of the department to operate a
 4341         licensed hospital to treat tuberculosis patients;
 4342         requiring the tuberculosis control program to fund
 4343         participating facilities; requiring facilities to meet
 4344         specific conditions; requiring the department to
 4345         develop a transition plan for the closure of A.G.
 4346         Holley State Hospital; specifying content of
 4347         transition plan; requiring submission of the plan to
 4348         the Governor and Legislature; requiring full
 4349         implementation of the transition plan by a certain
 4350         date; amending s. 401.243, F.S.; repealing unused
 4351         rulemaking authority governing the implementation of
 4352         injury-prevention grant programs; amending s. 401.245,
 4353         F.S.; repealing unused rulemaking authority relating
 4354         to operating procedures for the Emergency Medical
 4355         Services Advisory Council; amending s. 401.271, F.S.;
 4356         repealing unused rulemaking authority relating to an
 4357         exemption for the spouse of a member of the Armed
 4358         Forces of the United States on active duty from
 4359         certification renewal provisions while the spouse is
 4360         absent from the state because of the member’s active
 4361         duty with the Armed Forces; repealing s. 402.45, F.S.;
 4362         repealing unused rulemaking authority relating to the
 4363         community resource mother or father program; amending
 4364         s. 403.863, F.S.; directing the department to contract
 4365         to perform state public water supply laboratory
 4366         certification application review and evaluation and
 4367         laboratory inspections; adding certain actions to the
 4368         list of acts constituting grounds for which
 4369         disciplinary actions may be taken under the section;
 4370         amending ss. 400.914 and 409.256, F.S.; conforming
 4371         references; amending ss. 458.309 and 459.005, F.S.;
 4372         requiring that a physician or osteopathic physician
 4373         who performs certain medical procedures in an office
 4374         setting register the office with the Department of
 4375         Health unless that office is licensed as a facility
 4376         under ch. 395, F.S., relating to hospital licensing
 4377         and regulation; repealing s. 458.346, F.S., which
 4378         created the Public Sector Physician Advisory Committee
 4379         and established its responsibilities; amending s.
 4380         462.19, F.S., relating to the renewal of licenses for
 4381         practitioners of naturopathy; repealing unused
 4382         rulemaking authority; amending s. 464.019, F.S.,
 4383         requiring the Board of Nursing to deny a program
 4384         application for new prelicensure nursing education
 4385         program while the existing program is on probationary
 4386         status; repealing s. 464.0197, F.S., relating to state
 4387         budget support for the Florida Center for Nursing;
 4388         amending s. 464.203, F.S.; revising the certification
 4389         requirements for certified nursing assistants;
 4390         amending s. 464.208, F.S.; repealing unused rulemaking
 4391         authority relating to background screening information
 4392         of certified nursing assistants; repealing s.
 4393         466.00775, F.S., relating to unused rulemaking
 4394         authority relating to dental health access and dental
 4395         laboratory registration provisions; amending ss.
 4396         212.08, 499.003, 499.601, and 499.61, F.S.; updating
 4397         departmental designation; amending s. 514.011, F.S.;
 4398         revising the definition of “public bathing place”;
 4399         amending s. 514.021, F.S.; restricting rulemaking
 4400         authority of the department; limiting scope of
 4401         standards for public pools and public bathing places;
 4402         prohibiting the department from adopting by rule any
 4403         regulation regarding the design, alteration, or repair
 4404         of a public pool or public bathing; eliminating
 4405         authority of the department to review plans, issue
 4406         approvals, and enforce occupancy provisions of the
 4407         Florida Building Code; amending s. 514.023, F.S.;
 4408         adding public bathing places to the provisions
 4409         allowing sampling of beach waters to determine
 4410         sanitation and allowing health advisories to be issued
 4411         for elevated levels of bacteria in such waters;
 4412         deleting an obsolete provision; amending s. 514.025,
 4413         F.S.; requiring the department to review applications
 4414         and plans for the construction or placement of public
 4415         pools or bathing places; providing for the department
 4416         to review applications and plans if no qualified staff
 4417         are employed at the county health department;
 4418         establishing that the department is responsible to
 4419         monitor water quality in public pools and bathing
 4420         places; amending s. 514.03, F.S.; permitting local
 4421         governments or local enforcement districts to
 4422         determine compliance with general construction
 4423         provisions of the Florida Building Code; permitting
 4424         local governments or local enforcement districts to
 4425         conduct plan reviews and inspections of public pools
 4426         and bathing places to determine compliance;
 4427         eliminating an application process for review of
 4428         building plans for a public pool or bathing place by
 4429         the department; amending s. 514.031, F.S.; requiring a
 4430         valid permit from the department to operate a public
 4431         pool; revising the list of documents that must
 4432         accompany an application for a permit to operate a
 4433         public pool; providing the department with authority
 4434         to review, approve, and deny an application for a
 4435         permit to operate a public pool; amending s. 514.033,
 4436         F.S.; deleting authority of the department to
 4437         establish a fee schedule; requiring fees collected by
 4438         the department or county health department to be
 4439         deposited into the Grants and Donations Trust Fund or
 4440         the County Health Department Trust Fund; amending s.
 4441         514.05, F.S.; requiring all amounts collected to be
 4442         deposited in the Grants and Donations Trust Fund or
 4443         the County Health Department Trust Fund; granting the
 4444         county health department the authority to close a
 4445         public pool that is not in compliance with ch. 514,
 4446         F.S., or applicable rules; amending s. 514.06, F.S.;
 4447         deeming a public pool or bathing place to present a
 4448         significant risk to public health by failing to meet
 4449         sanitation and safety to be a public nuisance;
 4450         allowing for a public nuisance to be abated or
 4451         enjoined; amending s. 633.115, F.S.; making conforming
 4452         changes; amending s. 1009.66, F.S.; reassigning
 4453         responsibility for the Nursing Student Loan
 4454         Forgiveness Program from the Department of Health to
 4455         the Department of Education; amending s. 1009.67,
 4456         F.S.; reassigning responsibility for the nursing
 4457         scholarship program from the Department of Health to
 4458         the Department of Education; providing type two
 4459         transfers of the programs; providing for transfer of a
 4460         trust fund; providing applicability to contracts;
 4461         authorizing transfer of funds and positions between
 4462         departments; requiring the Division of Medical Quality
 4463         and Assurance to create a plan to improve efficiency
 4464         of the function of the division; directing the
 4465         division to take certain actions in creating the plan;
 4466         directing the division to address particular topics in
 4467         the plan; requiring all executive branch agencies to
 4468         assist the department in creating the plan; requesting
 4469         all other state agencies to assist the department in
 4470         creating the plan; amending ss. 154.503, 381.0041,
 4471         384.25, 392.56, 395.1027, 411.203, 456.032, 513.10,
 4472         768.28, and 775.0877, F.S.; conforming cross
 4473         references; providing effective dates.