Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1824
       
       
       
       
       
       
                                Barcode 131728                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/08/2012 06:41 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1970 - 2726
    4  and insert:
    5         Section 35. Subsection (5) of section 381.0303, Florida
    6  Statutes, is amended to read:
    7         381.0303 Special needs shelters.—
    8         (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
    9  Surgeon General may establish a special needs shelter
   10  interagency committee and serve as, or appoint a designee to
   11  serve as, the committee’s chair. The department shall provide
   12  any necessary staff and resources to support the committee in
   13  the performance of its duties. The committee shall address and
   14  resolve problems related to special needs shelters not addressed
   15  in the state comprehensive emergency medical plan and shall
   16  consult on the planning and operation of special needs shelters.
   17         (a) The committee shall:
   18         1. develop, negotiate, and regularly review any necessary
   19  interagency agreements, and.
   20         2. undertake other such activities as the department deems
   21  necessary to facilitate the implementation of this section.
   22         3. Submit recommendations to the Legislature as necessary.
   23         (b) The special needs shelter interagency committee shall
   24  be composed of representatives of emergency management, health,
   25  medical, and social services organizations. Membership shall
   26  include, but shall not be limited to, representatives of the
   27  Departments of Health, Children and Family Services, Elderly
   28  Affairs, and Education; the Agency for Health Care
   29  Administration; the Division of Emergency Management; the
   30  Florida Medical Association; the Florida Osteopathic Medical
   31  Association; Associated Home Health Industries of Florida, Inc.;
   32  the Florida Nurses Association; the Florida Health Care
   33  Association; the Florida Assisted Living Affiliation; the
   34  Florida Hospital Association; the Florida Statutory Teaching
   35  Hospital Council; the Florida Association of Homes for the
   36  Aging; the Florida Emergency Preparedness Association; the
   37  American Red Cross; Florida Hospices and Palliative Care, Inc.;
   38  the Association of Community Hospitals and Health Systems; the
   39  Florida Association of Health Maintenance Organizations; the
   40  Florida League of Health Systems; the Private Care Association;
   41  the Salvation Army; the Florida Association of Aging Services
   42  Providers; the AARP; and the Florida Renal Coalition.
   43         (c) Meetings of the committee shall be held in Tallahassee,
   44  and members of the committee shall serve at the expense of the
   45  agencies or organizations they represent. The committee shall
   46  make every effort to use teleconference or videoconference
   47  capabilities in order to ensure statewide input and
   48  participation.
   49         Section 36. Section 381.04015, Florida Statutes, is
   50  repealed.
   51         Section 37. Subsections (2), (3), and (4) of section
   52  381.0403, Florida Statutes, are amended to read:
   53         381.0403 The Community Hospital Education Act.—
   54         (2) ESTABLISHMENT OF PROGRAM LEGISLATIVE INTENT.—
   55         (a) It is the intent of the Legislature that health care
   56  services for the citizens of this state be upgraded and that a
   57  program for continuing these services be maintained through a
   58  plan for community medical education. The A program is intended
   59  established to plan for community medical education, provide
   60  additional outpatient and inpatient services, increase the a
   61  continuing supply of highly trained physicians, and expand
   62  graduate medical education.
   63         (b) The Legislature further acknowledges the critical need
   64  for increased numbers of primary care physicians to provide the
   65  necessary current and projected health and medical services. In
   66  order to meet both present and anticipated needs, the
   67  Legislature supports an expansion in the number of family
   68  practice residency positions. The Legislature intends that the
   69  funding for graduate education in family practice be maintained
   70  and that funding for all primary care specialties be provided at
   71  a minimum of $10,000 per resident per year. Should funding for
   72  this act remain constant or be reduced, it is intended that all
   73  programs funded by this act be maintained or reduced
   74  proportionately.
   75         (3) PROGRAM FOR COMMUNITY HOSPITAL EDUCATION; STATE AND
   76  LOCAL PLANNING.—
   77         (a) There is established under the Department of Health a
   78  program for statewide graduate medical education. It is intended
   79  that continuing graduate medical education programs for interns
   80  and residents be established on a statewide basis. The program
   81  shall provide financial support for primary care specialty
   82  interns and residents based on recommendations of policies
   83  recommended and approved by the Community Hospital Education
   84  Council, herein established, and the Department of Health, as
   85  authorized by the General Appropriations Act. Only those
   86  programs with at least three residents or interns in each year
   87  of the training program are qualified to apply for financial
   88  support. Programs with fewer than three residents or interns per
   89  training year are qualified to apply for financial support, but
   90  only if the appropriate accrediting entity for the particular
   91  specialty has approved the program for fewer positions. New
   92  programs added after fiscal year 1997-1998 shall have 5 years to
   93  attain the requisite number of residents or interns. When
   94  feasible and to the extent allowed through the General
   95  Appropriations Act, state funds shall be used to generate
   96  federal matching funds under Medicaid, or other federal
   97  programs, and the resulting combined state and federal funds
   98  shall be allocated to participating hospitals for the support of
   99  graduate medical education.
  100         (b) For the purposes of this section, primary care
  101  specialties include emergency medicine, family practice,
  102  internal medicine, pediatrics, psychiatry,
  103  obstetrics/gynecology, and combined pediatrics and internal
  104  medicine, and other primary care specialties as may be included
  105  by the council and Department of Health.
  106         (c) Medical institutions throughout the state may apply to
  107  the Community Hospital Education Council for grants-in-aid for
  108  financial support of their approved programs. Recommendations
  109  for funding of approved programs shall be forwarded to the
  110  Department of Health.
  111         (d) The program shall provide a plan for community clinical
  112  teaching and training with the cooperation of the medical
  113  profession, hospitals, and clinics. The plan shall also include
  114  formal teaching opportunities for intern and resident training.
  115  In addition, the plan shall establish an off-campus medical
  116  faculty with university faculty review to be located throughout
  117  the state in local communities.
  118         (4) PROGRAM FOR GRADUATE MEDICAL EDUCATION INNOVATIONS.—
  119         (a) There is established under the Department of Health a
  120  program for fostering graduate medical education innovations.
  121  Funds appropriated annually by the Legislature for this purpose
  122  shall be distributed to participating hospitals or consortia of
  123  participating hospitals and Florida medical schools or to a
  124  Florida medical school for the direct costs of providing
  125  graduate medical education in community-based clinical settings
  126  on a competitive grant or formula basis to achieve state health
  127  care workforce policy objectives, including, but not limited to:
  128         1. Increasing the number of residents in primary care and
  129  other high demand specialties or fellowships;
  130         2. Enhancing retention of primary care physicians in
  131  Florida practice;
  132         3. Promoting practice in medically underserved areas of the
  133  state;
  134         4. Encouraging racial and ethnic diversity within the
  135  state’s physician workforce; and
  136         5. Encouraging increased production of geriatricians.
  137         (b) Participating hospitals or consortia of participating
  138  hospitals and Florida medical schools or a Florida medical
  139  school providing graduate medical education in community-based
  140  clinical settings may apply to the Community Hospital Education
  141  Council for funding under this innovations program, except when
  142  such innovations directly compete with services or programs
  143  provided by participating hospitals or consortia of
  144  participating hospitals, or by both hospitals and consortia.
  145  Innovations program funding shall be allocated provide funding
  146  based on recommendations of policies recommended and approved by
  147  the Community Hospital Education Council and the Department of
  148  Health, as authorized by the General Appropriations Act.
  149         (c) Participating hospitals or consortia of participating
  150  hospitals and Florida medical schools or Florida medical schools
  151  awarded an innovations grant shall provide the Community
  152  Hospital Education Council and Department of Health with an
  153  annual report on their project.
  154         Section 38. Subsection (7) of section 381.0405, Florida
  155  Statutes, is amended to read:
  156         381.0405 Office of Rural Health.—
  157         (7) APPROPRIATION.—The Legislature shall appropriate such
  158  sums as are necessary to support the Office of Rural Health.
  159         Section 39. Subsection (3) of section 381.0406, Florida
  160  Statutes, is amended to read:
  161         381.0406 Rural health networks.—
  162         (3) Because each rural area is unique, with a different
  163  health care provider mix, Health care provider membership may
  164  vary, but all networks shall include members that provide public
  165  health, comprehensive primary care, emergency medical care, and
  166  acute inpatient care.
  167         Section 40. Section 381.045, Florida Statutes, is repealed.
  168         Section 41. Subsection (7) of section 381.06015, Florida
  169  Statutes, is amended to read:
  170         381.06015 Public Cord Blood Tissue Bank.—
  171         (7) In order to fund the provisions of this section the
  172  consortium participants, the Agency for Health Care
  173  Administration, and the Department of Health shall seek private
  174  or federal funds to initiate program actions for fiscal year
  175  2000-2001.
  176         Section 42. Section 381.0605, Florida Statutes, is
  177  repealed.
  178         Section 43. Section 381.102, Florida Statutes, is repealed.
  179         Section 44. Section 381.103, Florida Statutes, is repealed.
  180         Section 45. Subsection (2) of section 381.4018, Florida
  181  Statutes, is repealed.
  182         Section 46. Section 381.60225, Florida Statutes, is
  183  repealed.
  184         Section 47. Section 381.7352, Florida Statutes, is amended
  185  to read:
  186         381.7352 Legislative findings and intent.—
  187         (1) The Legislature finds that despite state investments in
  188  health care programs, certain racial and ethnic populations in
  189  Florida continue to have significantly poorer health outcomes
  190  when compared to non-Hispanic whites. The Legislature finds that
  191  local solutions to health care problems can have a dramatic and
  192  positive effect on the health status of these populations. Local
  193  governments and communities are best equipped to identify the
  194  health education, health promotion, and disease prevention needs
  195  of the racial and ethnic populations in their communities,
  196  mobilize the community to address health outcome disparities,
  197  enlist and organize local public and private resources, and
  198  faith-based organizations to address these disparities, and
  199  evaluate the effectiveness of interventions.
  200         (2) It is therefore the intent of the Legislature to
  201  provide funds within Florida counties and Front Porch Florida
  202  Communities, in the form of Reducing Racial and Ethnic Health
  203  Disparities: Closing the Gap grants, to stimulate the
  204  development of community-based and neighborhood-based projects
  205  which will improve the health outcomes of racial and ethnic
  206  populations. Further, it is the intent of the Legislature that
  207  these programs foster the development of coordinated,
  208  collaborative, and broad-based participation by public and
  209  private entities, and faith-based organizations. Finally, it is
  210  the intent of the Legislature that the grant program function as
  211  a partnership between state and local governments, faith-based
  212  organizations, and private sector health care providers,
  213  including managed care, voluntary health care resources, social
  214  service providers, and nontraditional partners.
  215         Section 48. Subsection (3) of section 381.7353, Florida
  216  Statutes, is amended to read:
  217         381.7353 Reducing Racial and Ethnic Health Disparities:
  218  Closing the Gap grant program; administration; department
  219  duties.—
  220         (3) Pursuant to s. 20.43(6), the State Surgeon General may
  221  appoint an ad hoc advisory committee to: examine areas where
  222  public awareness, public education, research, and coordination
  223  regarding racial and ethnic health outcome disparities are
  224  lacking; consider access and transportation issues which
  225  contribute to health status disparities; and make
  226  recommendations for closing gaps in health outcomes and
  227  increasing the public’s awareness and understanding of health
  228  disparities that exist between racial and ethnic populations.
  229         Section 49. Subsections (5) and (6) of section 381.7356,
  230  Florida Statutes, are renumbered as subsections (4) and (5),
  231  respectively, and present subsection (4) of that section is
  232  amended to read:
  233         381.7356 Local matching funds; grant awards.—
  234         (4) Dissemination of grant awards shall begin no later than
  235  January 1, 2001.
  236         Section 50. Subsection (3) of section 381.765, Florida
  237  Statutes, is amended to read:
  238         381.765 Retention of title to and disposal of equipment.—
  239         (3) The department may adopt rules relating to records and
  240  recordkeeping for department-owned property referenced in
  241  subsections (1) and (2).
  242         Section 51. Section 381.77, Florida Statutes, is repealed.
  243         Section 52. Section 381.795, Florida Statutes, is repealed.
  244         Section 53. Subsections (2) through (5) of section 381.853,
  245  Florida Statutes, are renumbered as subsections (1) through (4),
  246  respectively, and present subsection (1) of that section is
  247  amended to read:
  248         381.853 Florida Center for Brain Tumor Research.—
  249         (1) The Legislature finds that each year an estimated
  250  190,000 citizens of the United States are diagnosed with
  251  cancerous and noncancerous brain tumors and that biomedical
  252  research is the key to finding cures for these tumors. The
  253  Legislature further finds that, although brain tumor research is
  254  being conducted throughout the state, there is a lack of
  255  coordinated efforts among researchers and health care providers.
  256  Therefore, the Legislature finds that there is a significant
  257  need for a coordinated effort to achieve the goal of curing
  258  brain tumors. The Legislature further finds that the biomedical
  259  technology sector meets the criteria of a high-impact sector,
  260  pursuant to s. 288.108(6), having a high importance to the
  261  state’s economy with a significant potential for growth and
  262  contribution to our universities and quality of life.
  263         Section 54. Section 381.855, Florida Statutes, is repealed.
  264         Section 55. Section 381.87, Florida Statutes, is repealed.
  265         Section 56. Section 381.895, Florida Statutes, is amended
  266  to read:
  267         381.895 Standards for compressed air used for recreational
  268  diving.—
  269         (1) A person selling compressed air for recreational sport
  270  diving must:
  271         (a) Maintain certification or membership in at least one of
  272  the following organizations:
  273         1.Professional Association of Diving Instructors (PADI);
  274         2.National Association of Underwater Instructors (NAUI);
  275  or
  276         3.Scuba Schools International (SSI);
  277         (b) Post in a conspicuous place on the premises a copy of
  278  the certification or documentation of membership in the
  279  organization; and
  280         (c) Maintain compliance with the Compressed Gas
  281  Association, Grade “E” Recreational Diving Compressed Air
  282  Standards, provide medical-grade compressed air, or use constant
  283  air-quality-monitoring devices that are calibrated at least
  284  every 90 days. The Department of Health shall establish maximum
  285  allowable levels for contaminants in compressed air used for
  286  recreational sport diving in this state. In developing the
  287  standards, the department must take into consideration the
  288  levels of contaminants allowed by the Grade “E” Recreational
  289  Diving Standards of the Compressed Gas Association.
  290         (2) The Department of Health may adopt rules to revise or
  291  add to the list of organizations authorized in subsection (1),
  292  or to recognize additional standards that are nationally
  293  recognized for ensuring compressed air is safe for recreation
  294  sport diving. The standards prescribed under this section do not
  295  apply to:
  296         (a) Any person providing compressed air for his or her own
  297  use.
  298         (b) Any governmental entity using a governmentally owned
  299  compressed air source for work related to the governmental
  300  entity.
  301         (c) Foreign registered vessels upon which a compressor is
  302  used to provide compressed air for work related to the operation
  303  of the vessel.
  304         (3) A person who does not comply with the requirements in
  305  subsection (1) or the rules adopted pursuant to subsection (2)
  306  commits a misdemeanor of the first degree, punishable as
  307  provided in s. 775.082 and s. 775.083. A person or entity that,
  308  for compensation, provides compressed air for recreational sport
  309  diving in this state, including compressed air provided as part
  310  of a dive package of equipment rental, dive boat rental, or dive
  311  boat charter, must ensure that the compressed air is tested
  312  quarterly by a laboratory that is accredited by either the
  313  American Industrial Hygiene Association or the American
  314  Association for Laboratory Accreditation and that the results of
  315  such tests are provided quarterly to the Department of Health.
  316  In addition, the person or entity must post the certificate
  317  issued by the laboratory accredited by the American Industrial
  318  Hygiene Association or the American Association for Laboratory
  319  Accreditation in a conspicuous location where it can readily be
  320  seen by any person purchasing compressed air.
  321         (4) The Department of Health shall maintain a record of all
  322  quarterly test results provided under this section.
  323         (5) It is a misdemeanor of the second degree for any person
  324  or entity to provide, for compensation, compressed air for
  325  recreational sport diving in this state, including compressed
  326  air provided as part of a dive package of equipment rental, dive
  327  boat rental, or dive boat charter, without:
  328         (a) Having received a valid certificate issued by a
  329  laboratory accredited by the American Industrial Hygiene
  330  Association or the American Association for Laboratory
  331  Accreditation which certifies that the compressed air meets the
  332  standards for contaminant levels established by the Department
  333  of Health.
  334         (b) Posting the certificate issued by a laboratory
  335  accredited by the American Industrial Hygiene Association or the
  336  American Association for Laboratory Accreditation in a
  337  conspicuous location where it can readily be seen by persons
  338  purchasing compressed air.
  339         (6) The department shall adopt rules necessary to carry out
  340  the provisions of this section, which must include:
  341         (a) Maximum allowable levels of contaminants in compressed
  342  air used for sport diving.
  343         (b) Procedures for the submission of test results to the
  344  department.
  345         Section 57. Section 381.90, Florida Statutes, is repealed.
  346         Section 58. Subsection (1) of section 381.91, Florida
  347  Statutes, is amended to read:
  348         381.91 Jessie Trice Cancer Prevention Program.—
  349         (1) It is the intent of the Legislature to:
  350         (a) Reduce the rates of illness and death from lung cancer
  351  and other cancers and improve the quality of life among low
  352  income African-American and Hispanic populations through
  353  increased access to early, effective screening and diagnosis,
  354  education, and treatment programs.
  355         (b) create a community faith-based disease-prevention
  356  program in conjunction with the Health Choice Network and other
  357  community health centers to build upon the natural referral and
  358  education networks in place within minority communities and to
  359  increase access to health service delivery in Florida and.
  360         (c) establish a funding source to build upon local private
  361  participation to sustain the operation of the program.
  362         Section 59. Subsection (5) of section 381.922, Florida
  363  Statutes, is amended to read:
  364         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  365  Cancer Research Program.—
  366         (5) The William G. “Bill” Bankhead, Jr., and David Coley
  367  Cancer Research Program is funded pursuant to s. 215.5602(12).
  368  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
  369  David Coley Cancer Research Program shall be distributed
  370  pursuant to this section to provide grants to researchers
  371  seeking cures for cancer and cancer-related illnesses, with
  372  emphasis given to the goals enumerated in this section. From the
  373  total funds appropriated, an amount of up to 10 percent may be
  374  used for administrative expenses. From funds appropriated to
  375  accomplish the goals of this section, up to $250,000 shall be
  376  available for the operating costs of the Florida Center for
  377  Universal Research to Eradicate Disease.
  378         Section 60. Effective January 1, 2013, section 392.51,
  379  Florida Statutes, is amended to read:
  380         392.51 Tuberculosis control Findings and intent.—A
  381  statewide system is established to control tuberculosis
  382  infection and mitigate its effects. The system consists The
  383  Legislature finds and declares that active tuberculosis is a
  384  highly contagious infection that is sometimes fatal and
  385  constitutes a serious threat to the public health. The
  386  Legislature finds that there is a significant reservoir of
  387  tuberculosis infection in this state and that there is a need to
  388  develop community programs to identify tuberculosis and to
  389  respond quickly with appropriate measures. The Legislature finds
  390  that some patients who have active tuberculosis have complex
  391  medical, social, and economic problems that make outpatient
  392  control of the disease difficult, if not impossible, without
  393  posing a threat to the public health. The Legislature finds that
  394  in order to protect the citizenry from those few persons who
  395  pose a threat to the public, it is necessary to establish a
  396  system of mandatory contact identification, treatment to cure,
  397  hospitalization, and isolation for contagious cases, and to
  398  provide a system of voluntary, community-oriented care and
  399  surveillance in all other cases. The Legislature finds that the
  400  delivery of Tuberculosis control services shall be provided is
  401  best accomplished by the coordinated efforts of the respective
  402  county health departments and contracted or other private health
  403  care providers, the A.G. Holley State Hospital, and the private
  404  health care delivery system.
  405         Section 61. Effective January 1, 2013, subsection (4) of
  406  section 392.61, Florida Statutes, is amended to read:
  407         392.61 Community tuberculosis control programs.—
  408         (4) The department shall develop, by rule, a methodology
  409  for distributing funds appropriated for tuberculosis control
  410  programs. Criteria to be considered in this methodology include,
  411  but are not limited to, the basic infrastructure available for
  412  tuberculosis control, caseload requirements, laboratory support
  413  services needed, and epidemiologic factors.
  414         Section 62. Effective January 1, 2013, section 392.62,
  415  Florida Statutes, is amended to read:
  416         392.62 Hospitalization and placement programs.—
  417         (1) The department shall contract for operation of operate
  418  a program for the treatment hospitalization of persons who have
  419  active tuberculosis in hospitals licensed under chapter 395 and
  420  may provide for appropriate placement of persons who have active
  421  tuberculosis in other health care facilities or residential
  422  facilities. The department shall require the contractor to use
  423  existing licensed community hospitals and other facilities for
  424  the care and treatment to cure of persons who have active
  425  tuberculosis or a history of noncompliance with prescribed drug
  426  regimens and require inpatient or other residential services.
  427         (2) The department may operate a licensed hospital for the
  428  care and treatment to cure of persons who have active
  429  tuberculosis. The hospital may have a forensic unit where, under
  430  medical protocol, a patient can be held in a secure or
  431  protective setting. The department shall also seek to maximize
  432  use of existing licensed community hospitals for the care and
  433  treatment to cure of persons who have active tuberculosis.
  434         (2)(3)The program for control of tuberculosis shall
  435  provide funding for participating facilities and require any
  436  such facilities to meet the following conditions Any licensed
  437  hospital operated by the department, any licensed hospital under
  438  contract with the department, and any other health care facility
  439  or residential facility operated by or under contract with the
  440  department for the care and treatment of patients who have
  441  active tuberculosis shall:
  442         (a) Admit patients voluntarily and under court order as
  443  appropriate for each particular facility;
  444         (b) Require that each patient pay the actual cost of care
  445  provided whether the patient is admitted voluntarily or by court
  446  order;
  447         (c) Provide for a method of paying for the care of patients
  448  in the program regardless of ability to pay who cannot afford to
  449  do so;
  450         (d) Require a primary clinical diagnosis of active
  451  tuberculosis by a physician licensed under chapter 458 or
  452  chapter 459 before admitting the patient; provided that there
  453  may be more than one primary diagnosis;
  454         (e) Provide a method of notification to the county health
  455  department and to the patient’s family, if any, before
  456  discharging the patient from the hospital or other facility;
  457         (f) Provide for the necessary exchange of medical
  458  information to assure adequate community treatment to cure and
  459  followup of discharged patients, as appropriate; and
  460         (g) Provide for a method of medical care and counseling and
  461  for housing, social service, and employment referrals, if
  462  appropriate, for all patients discharged from the hospital.
  463         (3)(4) A hospital may, pursuant to court order, place a
  464  patient in temporary isolation for a period of no more than 72
  465  continuous hours. The department shall obtain a court order in
  466  the same manner as prescribed in s. 392.57. Nothing in this
  467  subsection precludes a hospital from isolating an infectious
  468  patient for medical reasons.
  469         (4)(5) Any person committed under s. 392.57 who leaves the
  470  tuberculosis hospital or residential facility without having
  471  been discharged by the designated medical authority, except as
  472  provided in s. 392.63, shall be apprehended by the sheriff of
  473  the county in which the person is found and immediately
  474  delivered to the facility from which he or she left.
  475         Section 63. The Department of Health shall develop and
  476  implement a transition plan for the closure of A.G. Holley State
  477  Hospital. The plan shall include specific steps to end voluntary
  478  admissions; transfer patients to alternate facilities;
  479  communicate with families, providers, other affected parties,
  480  and the general public; enter into any necessary contracts with
  481  providers; coordinate with the Department of Management Services
  482  regarding the disposition of equipment and supplies and the
  483  closure of the facility; and seek federal approval, if needed,
  484  to continue Medicaid funding throughout the treatment period in
  485  community hospitals and other facilities. The plan shall be
  486  submitted to the Governor, the Speaker of the House of
  487  Representatives, and the President of the Senate by May 31,
  488  2012. The department shall fully implement the plan by January
  489  1, 2013.
  490         Section 64. Subsections (1) and (4) of section 395.1027,
  491  Florida Statutes, are amended to read:
  492         395.1027 Regional poison control centers.—
  493         (1) There shall be created three certified regional poison
  494  control centers, one each in the north, central, and southern
  495  regions of the state. Each regional poison control center shall
  496  be affiliated with and physically located in a certified Level I
  497  trauma center. Each regional poison control center shall be
  498  affiliated with an accredited medical school or college of
  499  pharmacy. The regional poison control centers shall be
  500  coordinated under the aegis of the Division of Children’s
  501  Medical Services Prevention and Intervention in the department.
  502         (4) The Legislature hereby finds and declares that it is in
  503  the public interest to shorten the time required for a citizen
  504  to request and receive directly from designated regional poison
  505  control centers telephonic management advice for acute poisoning
  506  emergencies. To facilitate rapid and direct access, telephone
  507  numbers for designated regional poison control centers shall be
  508  given special prominence. The local exchange telecommunications
  509  companies shall print immediately below “911” or other emergency
  510  calling instructions on the inside front cover of the telephone
  511  directory the words “Poison Information Center,” the logo of the
  512  American Association of Poison Control Centers, and the
  513  telephone number of the local, if applicable, or, if not local,
  514  other toll-free telephone number of the Florida Poison
  515  Information Center Network. This information shall be outlined
  516  and be no less than 1 inch in height by 2 inches in width. Only
  517  those facilities satisfying criteria established in the current
  518  “Criteria for Certification of a Regional Poison Center” set by
  519  the American Association of Poison Control Centers, and the
  520  “Standards of the Poison Information Center Program” initiated
  521  by the Division of Children’s Medical Services Prevention and
  522  Intervention of the Department of Health shall be permitted to
  523  list such facility as a poison information center, poison
  524  control center, or poison center. Those centers under a
  525  developmental phase-in plan shall be given 2 years from the date
  526  of initial 24-hour service implementation to comply with the
  527  aforementioned criteria and, as such, will be permitted to be
  528  listed as a poison information center, poison control center, or
  529  poison center during that allotted time period.
  530         Section 65. Subsection (4) of section 401.243, Florida
  531  Statutes, is amended to read:
  532         401.243 Injury prevention.—The department shall establish
  533  an injury-prevention program with responsibility for the
  534  statewide coordination and expansion of injury-prevention
  535  activities. The duties of the department under the program may
  536  include, but are not limited to, data collection, surveillance,
  537  education, and the promotion of interventions. In addition, the
  538  department may:
  539         (4) Adopt rules governing the implementation of grant
  540  programs. The rules may include, but need not be limited to,
  541  criteria regarding the application process, the selection of
  542  grantees, the implementation of injury-prevention activities,
  543  data collection, surveillance, education, and the promotion of
  544  interventions.
  545         Section 66. Subsection (6) of section 401.245, Florida
  546  Statutes, is renumbered as subsection (5), and present
  547  subsection (5) of that section is amended to read:
  548         401.245 Emergency Medical Services Advisory Council.—
  549         (5) The department shall adopt rules to implement this
  550  section, which rules shall serve as formal operating procedures
  551  for the Emergency Medical Services Advisory Council.
  552         Section 67. Section 401.271, Florida Statutes, is amended
  553  to read:
  554         401.271 Certification of emergency medical technicians and
  555  paramedics who are on active duty with the Armed Forces of the
  556  United States; spouses of members of the Armed Forces.—
  557         (1) Any member of the Armed Forces of the United States on
  558  active duty who, at the time he or she became a member, was in
  559  good standing with the department and was entitled to practice
  560  as an emergency medical technician or paramedic in the state
  561  remains in good standing without registering, paying dues or
  562  fees, or performing any other act, as long as he or she is a
  563  member of the Armed Forces of the United States on active duty
  564  and for a period of 6 months after his or her discharge from
  565  active duty as a member of the Armed Forces of the United
  566  States.
  567         (2) The department may adopt rules exempting the spouse of
  568  a member of the Armed Forces of the United States on active duty
  569  from certification renewal provisions while the spouse is absent
  570  from the state because of the member’s active duty with the
  571  Armed Forces.
  572         Section 68. Section 402.45, Florida Statutes, is repealed.
  573         Section 69. Subsection (1) of section 400.914, Florida
  574  Statutes, is amended to read:
  575         400.914 Rules establishing standards.—
  576         (1) Pursuant to the intention of the Legislature to provide
  577  safe and sanitary facilities and healthful programs, the agency
  578  in conjunction with the Division of Children’s Medical Services
  579  Prevention and Intervention of the Department of Health shall
  580  adopt and publish rules to implement the provisions of this part
  581  and part II of chapter 408, which shall include reasonable and
  582  fair standards. Any conflict between these standards and those
  583  that may be set forth in local, county, or city ordinances shall
  584  be resolved in favor of those having statewide effect. Such
  585  standards shall relate to:
  586         (a) The assurance that PPEC services are family centered
  587  and provide individualized medical, developmental, and family
  588  training services.
  589         (b) The maintenance of PPEC centers, not in conflict with
  590  the provisions of chapter 553 and based upon the size of the
  591  structure and number of children, relating to plumbing, heating,
  592  lighting, ventilation, and other building conditions, including
  593  adequate space, which will ensure the health, safety, comfort,
  594  and protection from fire of the children served.
  595         (c) The appropriate provisions of the most recent edition
  596  of the “Life Safety Code” (NFPA-101) shall be applied.
  597         (d) The number and qualifications of all personnel who have
  598  responsibility for the care of the children served.
  599         (e) All sanitary conditions within the PPEC center and its
  600  surroundings, including water supply, sewage disposal, food
  601  handling, and general hygiene, and maintenance thereof, which
  602  will ensure the health and comfort of children served.
  603         (f) Programs and basic services promoting and maintaining
  604  the health and development of the children served and meeting
  605  the training needs of the children’s legal guardians.
  606         (g) Supportive, contracted, other operational, and
  607  transportation services.
  608         (h) Maintenance of appropriate medical records, data, and
  609  information relative to the children and programs. Such records
  610  shall be maintained in the facility for inspection by the
  611  agency.
  612         Section 70. Paragraph (d) of subsection (11) of section
  613  409.256, Florida Statutes, is amended to read:
  614         409.256 Administrative proceeding to establish paternity or
  615  paternity and child support; order to appear for genetic
  616  testing.—
  617         (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND
  618  CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL
  619  STATISTICS.—
  620         (d) Upon rendering a final order of paternity or a final
  621  order of paternity and child support, the department shall
  622  notify the Office Division of Vital Statistics of the Department
  623  of Health that the paternity of the child has been established.
  624         Section 71. Section 458.346, Florida Statutes, is repealed.
  625         Section 72. Subsection (3) of section 462.19, Florida
  626  Statutes, is renumbered as subsection (2), and present
  627  subsection (2) of that section is amended to read:
  628         462.19 Renewal of license; inactive status.—
  629         (2) The department shall adopt rules establishing a
  630  procedure for the biennial renewal of licenses.
  631         Section 73. Section 464.0197, Florida Statutes, is
  632  repealed.
  633         Section 74. Subsection (4) of section 464.208, Florida
  634  Statutes, is amended to read:
  635         464.208 Background screening information; rulemaking
  636  authority.—
  637         (4) The board shall adopt rules to administer this part.
  638         Section 75. Subsections (1) and (2) of section 633.115,
  639  Florida Statutes, are amended to read:
  640         633.115 Fire and Emergency Incident Information Reporting
  641  Program; duties; fire reports.—
  642         (1)(a) The Fire and Emergency Incident Information
  643  Reporting Program is created within the Division of State Fire
  644  Marshal. The program shall:
  645         1. Establish and maintain an electronic communication
  646  system capable of transmitting fire and emergency incident
  647  information to and between fire protection agencies.
  648         2. Initiate a Fire and Emergency Incident Information
  649  Reporting System that shall be responsible for:
  650         a. Receiving fire and emergency incident information from
  651  fire protection agencies.
  652         b. Preparing and disseminating annual reports to the
  653  Governor, the President of the Senate, the Speaker of the House
  654  of Representatives, fire protection agencies, and, upon request,
  655  the public. Each report shall include, but not be limited to,
  656  the information listed in the National Fire Incident Reporting
  657  System.
  658         c. Upon request, providing other states and federal
  659  agencies with fire and emergency incident data of this state.
  660         3. Adopt rules to effectively and efficiently implement,
  661  administer, manage, maintain, and use the Fire and Emergency
  662  Incident Information Reporting Program. The rules shall be
  663  considered minimum requirements and shall not preclude a fire
  664  protection agency from implementing its own requirements which
  665  shall not conflict with the rules of the Division of State Fire
  666  Marshal.
  667         4. By rule, establish procedures and a format for each fire
  668  protection agency to voluntarily monitor its records and submit
  669  reports to the program.
  670         5. Establish an electronic information database which is
  671  accessible and searchable by fire protection agencies.
  672         (b) The Division of State Fire Marshal shall consult with
  673  the Division of Forestry of the Department of Agriculture and
  674  Consumer Services and the Bureau of Emergency Preparedness and
  675  Community Support Medical Services of the Department of Health
  676  to coordinate data, ensure accuracy of the data, and limit
  677  duplication of efforts in data collection, analysis, and
  678  reporting.
  679         (2) The Fire and Emergency Incident Information System
  680  Technical Advisory Panel is created within the Division of State
  681  Fire Marshal. The panel shall advise, review, and recommend to
  682  the State Fire Marshal with respect to the requirements of this
  683  section. The membership of the panel shall consist of the
  684  following 15 members:
  685         (a) The current 13 members of the Firefighters Employment,
  686  Standards, and Training Council as established in s. 633.31.
  687         (b) One member from the Division of Forestry of the
  688  Department of Agriculture and Consumer Services, appointed by
  689  the division director.
  690         (c) One member from the Bureau of Emergency Preparedness
  691  and Community Support Medical Services of the Department of
  692  Health, appointed by the bureau chief.
  693         Section 76. Paragraph (c) of subsection (10) of section
  694  768.28, Florida Statutes, is amended to read:
  695         768.28 Waiver of sovereign immunity in tort actions;
  696  recovery limits; limitation on attorney fees; statute of
  697  limitations; exclusions; indemnification; risk management
  698  programs.—
  699  
  700  ================= T I T L E  A M E N D M E N T ================
  701         And the title is amended as follows:
  702         Delete lines 165 - 203
  703  and insert:
  704         public health; amending s. 381.0303, F.S.; eliminating
  705         the requirement that the Special Needs Shelter
  706         Interagency Committee submit recommendations to the
  707         Legislature; repealing s. 381.04015, F.S.; eliminating
  708         the Women’s Health Strategy Office and Officer of
  709         Women’s Health Strategy; amending s. 381.0403, F.S.,
  710         relating to the “Community Hospital Education Act”;
  711         deleting legislative findings and intent; revising the
  712         mission of the program; requiring minimum funding for
  713         graduate education in family practice; deleting
  714         reference to an intent to establish a statewide
  715         graduate medical education program; amending s.
  716         381.0405, F.S.; deleting an appropriation to the
  717         Office of Rural Health; amending s. 381.0406, F.S.;
  718         deleting unnecessary introductory language in
  719         provisions relating to rural health networks;
  720         repealing s. 381.045, F.S.; eliminating department
  721         authority to provide services to certain health care
  722         providers infected with Hepatitis B or HIV; amending
  723         s. 381.06015, F.S.; deleting obsolete provision that
  724         requires the department, the Agency for Health Care
  725         Administration, and private consortium members seeking
  726         private or federal funds to initiate certain program
  727         actions relating to the Public Cord Blood Tissue Bank;
  728         repealing s. 381.0605, F.S., relating to designating
  729         the Agency for Health Care Administration as the state
  730         agency to administer the Federal Hospital and Medical
  731         Facilities Amendments of 1964; eliminating authority
  732         of the Governor to provide for administration of the
  733         amendments; repealing s. 381.102, F.S., to eliminate
  734         the community health pilot projects; repealing s.
  735         381.103, F.S., to eliminate the duties of the
  736         department to assist the community health pilot
  737         projects; repealing s. 381.4018(2), F.S., relating to
  738         the legislative findings and intent with respect to
  739         physician workforce assessment and development;
  740         repealing s. 381.60225,