Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1824
                                Barcode 349388                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/08/2012 06:41 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  (20), respectively, and present subsections (13) and (17) of
  166  that section are 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         (17) Nursing Student Loan Forgiveness Trust Fund.
  179         (a) Funds to be credited to and uses of the trust fund
  180  shall be administered in accordance with the provisions of s.
  181  1009.66.
  182         (b) Notwithstanding the provisions of s. 216.301 and
  183  pursuant to s. 216.351, any balance in the trust fund at the end
  184  of any fiscal year shall remain in the trust fund at the end of
  185  the year and shall be available for carrying out the purposes of
  186  the trust fund.
  187         Section 3. Section 154.05, Florida Statutes, is amended to
  188  read:
  189         154.05 Cooperation and agreements between counties.
  190  Counties may establish cooperative arrangements for shared
  191  county health departments in the following ways:
  192         (1) Two or more counties may combine in the establishment
  193  and maintenance of a single full-time county health department
  194  for the counties which combine for that purpose; and, pursuant
  195  to such combination or agreement, such counties may cooperate
  196  with one another and the Department of Health and contribute to
  197  a joint fund in carrying out the purpose and intent of this
  198  chapter. The duration and nature of such agreement shall be
  199  evidenced by resolutions of the boards of county commissioners
  200  of such counties and shall be submitted to and approved by the
  201  department. In the event of any such agreement, a full-time
  202  county health department shall be established and maintained by
  203  the department in and for the benefit of the counties which have
  204  entered into such an agreement; and, in such case, the funds
  205  raised by taxation pursuant to this chapter by each such county
  206  shall be paid to the Chief Financial Officer for the account of
  207  the department and shall be known as the full-time county health
  208  department trust fund of the counties so cooperating. Such trust
  209  funds shall be used and expended by the department for the
  210  purposes specified in this chapter in each county which has
  211  entered into such agreement. In case such an agreement is
  212  entered into between two or more counties, the work contemplated
  213  by this chapter shall be done by a single full-time county
  214  health department in the counties so cooperating; and the
  215  nature, extent, and location of such work shall be under the
  216  control and direction of the department.
  217         (2) Two or more counties may combine for the operation of a
  218  county health department when such counties establish an
  219  interlocal agreement. Such agreement shall specify the roles and
  220  responsibilities of each county, including the method of
  221  governance and executive direction; the manner by which each
  222  county’s public health needs will be addressed; the inventory of
  223  necessary facilities, equipment, and personnel; and any other
  224  infrastructure as may be needed. Two or more counties may enter
  225  into interlocal agreements to share or coadminister specific
  226  functions. County interlocal agreements may be terminated only
  227  at the end of a contract year. The parties shall give written
  228  notice to the department no less than 90 days before the
  229  termination.
  230         Section 4. Subsection (2) of section 212.08, Florida
  231  Statutes, is amended to read:
  232         212.08 Sales, rental, use, consumption, distribution, and
  233  storage tax; specified exemptions.—The sale at retail, the
  234  rental, the use, the consumption, the distribution, and the
  235  storage to be used or consumed in this state of the following
  236  are hereby specifically exempt from the tax imposed by this
  237  chapter.
  238         (2) EXEMPTIONS; MEDICAL.—
  239         (a) There shall be exempt from the tax imposed by this
  240  chapter any medical products and supplies or medicine dispensed
  241  according to an individual prescription or prescriptions written
  242  by a prescriber authorized by law to prescribe medicinal drugs;
  243  hypodermic needles; hypodermic syringes; chemical compounds and
  244  test kits used for the diagnosis or treatment of human disease,
  245  illness, or injury; and common household remedies recommended
  246  and generally sold for internal or external use in the cure,
  247  mitigation, treatment, or prevention of illness or disease in
  248  human beings, but not including cosmetics or toilet articles,
  249  notwithstanding the presence of medicinal ingredients therein,
  250  according to a list prescribed and approved by the Department of
  251  Business and Professional Regulation Health, which list shall be
  252  certified to the Department of Revenue from time to time and
  253  included in the rules promulgated by the Department of Revenue.
  254  There shall also be exempt from the tax imposed by this chapter
  255  artificial eyes and limbs; orthopedic shoes; prescription
  256  eyeglasses and items incidental thereto or which become a part
  257  thereof; dentures; hearing aids; crutches; prosthetic and
  258  orthopedic appliances; and funerals. In addition, any items
  259  intended for one-time use which transfer essential optical
  260  characteristics to contact lenses shall be exempt from the tax
  261  imposed by this chapter; however, this exemption shall apply
  262  only after $100,000 of the tax imposed by this chapter on such
  263  items has been paid in any calendar year by a taxpayer who
  264  claims the exemption in such year. Funeral directors shall pay
  265  tax on all tangible personal property used by them in their
  266  business.
  267         (b) For the purposes of this subsection:
  268         1. “Prosthetic and orthopedic appliances” means any
  269  apparatus, instrument, device, or equipment used to replace or
  270  substitute for any missing part of the body, to alleviate the
  271  malfunction of any part of the body, or to assist any disabled
  272  person in leading a normal life by facilitating such person’s
  273  mobility. Such apparatus, instrument, device, or equipment shall
  274  be exempted according to an individual prescription or
  275  prescriptions written by a physician licensed under chapter 458,
  276  chapter 459, chapter 460, chapter 461, or chapter 466, or
  277  according to a list prescribed and approved by the Department of
  278  Health, which list shall be certified to the Department of
  279  Revenue from time to time and included in the rules promulgated
  280  by the Department of Revenue.
  281         2. “Cosmetics” means articles intended to be rubbed,
  282  poured, sprinkled, or sprayed on, introduced into, or otherwise
  283  applied to the human body for cleansing, beautifying, promoting
  284  attractiveness, or altering the appearance and also means
  285  articles intended for use as a compound of any such articles,
  286  including, but not limited to, cold creams, suntan lotions,
  287  makeup, and body lotions.
  288         3. “Toilet articles” means any article advertised or held
  289  out for sale for grooming purposes and those articles that are
  290  customarily used for grooming purposes, regardless of the name
  291  by which they may be known, including, but not limited to, soap,
  292  toothpaste, hair spray, shaving products, colognes, perfumes,
  293  shampoo, deodorant, and mouthwash.
  294         4. “Prescription” includes any order for drugs or medicinal
  295  supplies written or transmitted by any means of communication by
  296  a duly licensed practitioner authorized by the laws of the state
  297  to prescribe such drugs or medicinal supplies and intended to be
  298  dispensed by a pharmacist. The term also includes an orally
  299  transmitted order by the lawfully designated agent of such
  300  practitioner. The term also includes an order written or
  301  transmitted by a practitioner licensed to practice in a
  302  jurisdiction other than this state, but only if the pharmacist
  303  called upon to dispense such order determines, in the exercise
  304  of his or her professional judgment, that the order is valid and
  305  necessary for the treatment of a chronic or recurrent illness.
  306  The term also includes a pharmacist’s order for a product
  307  selected from the formulary created pursuant to s. 465.186. A
  308  prescription may be retained in written form, or the pharmacist
  309  may cause it to be recorded in a data processing system,
  310  provided that such order can be produced in printed form upon
  311  lawful request.
  312         (c) Chlorine shall not be exempt from the tax imposed by
  313  this chapter when used for the treatment of water in swimming
  314  pools.
  315         (d) Lithotripters are exempt.
  316         (e) Human organs are exempt.
  317         (f) Sales of drugs to or by physicians, dentists,
  318  veterinarians, and hospitals in connection with medical
  319  treatment are exempt.
  320         (g) Medical products and supplies used in the cure,
  321  mitigation, alleviation, prevention, or treatment of injury,
  322  disease, or incapacity which are temporarily or permanently
  323  incorporated into a patient or client by a practitioner of the
  324  healing arts licensed in the state are exempt.
  325         (h) The purchase by a veterinarian of commonly recognized
  326  substances possessing curative or remedial properties which are
  327  ordered and dispensed as treatment for a diagnosed health
  328  disorder by or on the prescription of a duly licensed
  329  veterinarian, and which are applied to or consumed by animals
  330  for alleviation of pain or the cure or prevention of sickness,
  331  disease, or suffering are exempt. Also exempt are the purchase
  332  by a veterinarian of antiseptics, absorbent cotton, gauze for
  333  bandages, lotions, vitamins, and worm remedies.
  334         (i) X-ray opaques, also known as opaque drugs and
  335  radiopaque, such as the various opaque dyes and barium sulphate,
  336  when used in connection with medical X rays for treatment of
  337  bodies of humans and animals, are exempt.
  338         (j) Parts, special attachments, special lettering, and
  339  other like items that are added to or attached to tangible
  340  personal property so that a handicapped person can use them are
  341  exempt when such items are purchased by a person pursuant to an
  342  individual prescription.
  343         (k) This subsection shall be strictly construed and
  344  enforced.
  345         Section 5. Subsections (10) and (12) of section 215.5602,
  346  Florida Statutes, are amended to read:
  347         215.5602 James and Esther King Biomedical Research
  348  Program.—
  349         (10) The council shall submit an annual progress report on
  350  the state of biomedical research in this state to the Florida
  351  Center for Universal Research to Eradicate Disease and to the
  352  Governor, the State Surgeon General, the President of the
  353  Senate, and the Speaker of the House of Representatives by
  354  February 1. The report must include:
  355         (a) A list of research projects supported by grants or
  356  fellowships awarded under the program.
  357         (b) A list of recipients of program grants or fellowships.
  358         (c) A list of publications in peer reviewed journals
  359  involving research supported by grants or fellowships awarded
  360  under the program.
  361         (d) The total amount of biomedical research funding
  362  currently flowing into the state.
  363         (e) New grants for biomedical research which were funded
  364  based on research supported by grants or fellowships awarded
  365  under the program.
  366         (f) Progress in the prevention, diagnosis, treatment, and
  367  cure of diseases related to tobacco use, including cancer,
  368  cardiovascular disease, stroke, and pulmonary disease.
  369         (12) From funds appropriated to accomplish the goals of
  370  this section, up to $250,000 shall be available for the
  371  operating costs of the Florida Center for Universal Research to
  372  Eradicate Disease. Beginning in the 2011-2012 fiscal year and
  373  thereafter, $25 million from the revenue deposited into the
  374  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  375  shall be reserved for research of tobacco-related or cancer
  376  related illnesses. Of the revenue deposited in the Health Care
  377  Trust Fund pursuant to this section, $25 million shall be
  378  transferred to the Biomedical Research Trust Fund within the
  379  Department of Health. Subject to annual appropriations in the
  380  General Appropriations Act, $5 million shall be appropriated to
  381  the James and Esther King Biomedical Research Program, $5
  382  million shall be appropriated to the William G. “Bill” Bankhead,
  383  Jr., and David Coley Cancer Research Program created under s.
  384  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  385  Cancer Center and Research Institute established under s.
  386  1004.43, $5 million shall be appropriated to the Sylvester
  387  Comprehensive Cancer Center of the University of Miami, and $5
  388  million shall be appropriated to the University of Florida
  389  Shands Cancer Hospital Center.
  390         Section 6. Section 381.001, Florida Statutes, is amended to
  391  read:
  392         381.001 Legislative intent; Public health system.—
  393         (1) It is the intent of the Legislature that The Department
  394  of Health is be responsible for the state’s public health system
  395  which shall be designed to promote, protect, and improve the
  396  health of all people in the state. The mission of the state’s
  397  public health system is to foster the conditions in which people
  398  can be healthy, by assessing state and community health needs
  399  and priorities through data collection, epidemiologic studies,
  400  and community participation; by developing comprehensive public
  401  health policies and objectives aimed at improving the health
  402  status of people in the state; and by ensuring essential health
  403  care and an environment which enhances the health of the
  404  individual and the community. The department shall provide
  405  leadership for Legislature recognizes that the state’s public
  406  health system must be founded on an active partnership working
  407  toward shared public health goals and involving between federal,
  408  state, and local governments and the private sector government
  409  and between the public and private sectors, and, therefore,
  410  assessment, policy development, and service provision must be
  411  shared by all of these entities to achieve its mission.
  412         (2) It is the intent of the Legislature that the
  413  department, in carrying out the mission of public health, focus
  414  attention on identifying, assessing, and controlling the
  415  presence and spread of communicable diseases; on monitoring and
  416  regulating factors in the environment which may impair the
  417  public’s health, with particular attention to preventing
  418  contamination of drinking water, the air people breathe, and the
  419  food people consume; and ensuring availability of and access to
  420  preventive and primary health care, including, but not limited
  421  to, acute and episodic care, prenatal and postpartum care, child
  422  health, family planning, school health, chronic disease
  423  prevention, child and adult immunization, dental health,
  424  nutrition, and health education and promotion services.
  425         (3) It is, furthermore, the intent of the Legislature that
  426  the public health system include comprehensive planning, data
  427  collection, technical support, and health resource development
  428  functions. These functions include, but are not limited to,
  429  state laboratory and pharmacy services, the state vital
  430  statistics system, the Florida Center for Health Information and
  431  Policy Analysis, emergency medical services coordination and
  432  support, and recruitment, retention, and development of
  433  preventive and primary health care professionals and managers.
  434         (4) It is, furthermore, the intent of the Legislature that
  435  the department provide public health services through the 67
  436  county health departments in partnership with county
  437  governments, as specified in part I of chapter 154, and in so
  438  doing make every attempt possible to solicit the support and
  439  involvement of private and not-for-profit health care agencies
  440  in fulfilling the public health mission.
  441         Section 7. Section 381.0011, Florida Statutes, is amended
  442  to read:
  443         381.0011 Duties and powers of the Department of Health.—It
  444  is the duty of the Department of Health to:
  445         (1) Assess the public health status and needs of the state
  446  through statewide data collection and other appropriate means,
  447  with special attention to future needs that may result from
  448  population growth, technological advancements, new societal
  449  priorities, or other changes.
  450         (2) Formulate general policies affecting the public health
  451  of the state.
  452         (2)(3) Administer and enforce laws and rules relating to
  453  sanitation, control of communicable diseases, illnesses and
  454  hazards to health among humans and from animals to humans, and
  455  the general health of the people of the state.
  456         (3)(4)Coordinate with Cooperate with and accept assistance
  457  from federal, state, and local officials for the prevention and
  458  suppression of communicable and other diseases, illnesses,
  459  injuries, and hazards to human health.
  460         (5) Declare, enforce, modify, and abolish quarantine of
  461  persons, animals, and premises as the circumstances indicate for
  462  controlling communicable diseases or providing protection from
  463  unsafe conditions that pose a threat to public health, except as
  464  provided in ss. 384.28 and 392.545-392.60.
  465         (a) The department shall adopt rules to specify the
  466  conditions and procedures for imposing and releasing a
  467  quarantine. The rules must include provisions related to:
  468         1. The closure of premises.
  469         2. The movement of persons or animals exposed to or
  470  infected with a communicable disease.
  471         3. The tests or treatment, including vaccination, for
  472  communicable disease required prior to employment or admission
  473  to the premises or to comply with a quarantine.
  474         4. Testing or destruction of animals with or suspected of
  475  having a disease transmissible to humans.
  476         5. Access by the department to quarantined premises.
  477         6. The disinfection of quarantined animals, persons, or
  478  premises.
  479         7. Methods of quarantine.
  480         (b) Any health regulation that restricts travel or trade
  481  within the state may not be adopted or enforced in this state
  482  except by authority of the department.
  483         (4)(6) Provide for a thorough investigation and study of
  484  the incidence, causes, modes of propagation and transmission,
  485  and means of prevention, control, and cure of diseases,
  486  illnesses, and hazards to human health.
  487         (5)(7) Provide for the dissemination of information to the
  488  public relative to the prevention, control, and cure of
  489  diseases, illnesses, and hazards to human health. The department
  490  shall conduct a workshop before issuing any health alert or
  491  advisory relating to food-borne illness or communicable disease
  492  in public lodging or food service establishments in order to
  493  inform persons, trade associations, and businesses of the risk
  494  to public health and to seek the input of affected persons,
  495  trade associations, and businesses on the best methods of
  496  informing and protecting the public, except in an emergency, in
  497  which case the workshop must be held within 14 days after the
  498  issuance of the emergency alert or advisory.
  499         (6)(8) Act as registrar of vital statistics.
  500         (9) Cooperate with and assist federal health officials in
  501  enforcing public health laws and regulations.
  502         (10) Cooperate with other departments, local officials, and
  503  private boards and organizations for the improvement and
  504  preservation of the public health.
  505         (11) Maintain a statewide injury-prevention program.
  506         (12) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  507  implement the provisions of law conferring duties upon it. This
  508  subsection does not authorize the department to require a permit
  509  or license unless such requirement is specifically provided by
  510  law.
  511         (7)(13) Manage and coordinate emergency preparedness and
  512  disaster response functions to: investigate and control the
  513  spread of disease; coordinate the availability and staffing of
  514  special needs shelters; support patient evacuation; ensure the
  515  safety of food and drugs; provide critical incident stress
  516  debriefing; and provide surveillance and control of
  517  radiological, chemical, biological, and other environmental
  518  hazards.
  519         (14) Perform any other duties prescribed by law.
  520         Section 8. Section 381.0013, Florida Statutes, is repealed.
  521         Section 9. Section 381.0014, Florida Statutes, is repealed.
  522         Section 10. Section 381.0015, Florida Statutes, is
  523  repealed.
  524         Section 11. Section 381.0016, Florida Statutes, is amended
  525  to read:
  526         381.0016 County and municipal regulations and ordinances.
  527  Any county or municipality may enact, in a manner prescribed by
  528  law, health regulations and ordinances not inconsistent with
  529  state public health laws and rules adopted by the department.
  530         Section 12. Section 381.0017, Florida Statutes, is
  531  repealed.
  532         Section 13. Section 381.0025, Florida Statutes, is
  533  repealed.
  534         Section 14. Paragraph (d) of subsection (1) of section
  535  381.003, Florida Statutes, is amended to read:
  536         381.003 Communicable disease and AIDS prevention and
  537  control.—
  538         (1) The department shall conduct a communicable disease
  539  prevention and control program as part of fulfilling its public
  540  health mission. A communicable disease is any disease caused by
  541  transmission of a specific infectious agent, or its toxic
  542  products, from an infected person, an infected animal, or the
  543  environment to a susceptible host, either directly or
  544  indirectly. The communicable disease program must include, but
  545  need not be limited to:
  546         (d) Programs for the prevention, control, and reporting of
  547  communicable diseases of public health significance as provided
  548  for in this chapter.
  549         Section 15. Section 381.0031, Florida Statutes, is amended
  550  to read:
  551         381.0031 Epidemiological research; report of diseases of
  552  public health significance to department.—
  553         (1) The department may conduct studies concerning the
  554  epidemiology of diseases of public health significance affecting
  555  people in Florida.
  556         (2) Any practitioner licensed in this state to practice
  557  medicine, osteopathic medicine, chiropractic medicine,
  558  naturopathy, or veterinary medicine; any hospital licensed under
  559  part I of chapter 395; or any laboratory licensed under chapter
  560  483 that diagnoses or suspects the existence of a disease of
  561  public health significance shall immediately report the fact to
  562  the Department of Health.
  563         (3)(2) Periodically the department shall issue a list of
  564  infectious or noninfectious diseases determined by it to be a
  565  threat to public health and therefore of significance to public
  566  health and shall furnish a copy of the list to the practitioners
  567  listed in subsection (2) (1). The list shall be based on the
  568  diseases recommended to be nationally notifiable by the Council
  569  of State and Territorial Epidemiologists and the Centers for
  570  Disease Control and Prevention. The department may expand upon
  571  the list if a disease emerges for which regular, frequent, and
  572  timely information regarding individual cases is considered
  573  necessary for the prevention and control of a disease specific
  574  to Florida.
  575         (4)(3) Reports required by this section must be in
  576  accordance with methods specified by rule of the department.
  577         (5)(4) Information submitted in reports required by this
  578  section is confidential, exempt from the provisions of s.
  579  119.07(1), and is to be made public only when necessary to
  580  public health. A report so submitted is not a violation of the
  581  confidential relationship between practitioner and patient.
  582         (6)(5) The department may obtain and inspect copies of
  583  medical records, records of laboratory tests, and other medical
  584  related information for reported cases of diseases of public
  585  health significance described in subsection (2). The department
  586  shall examine the records of a person who has a disease of
  587  public health significance only for purposes of preventing and
  588  eliminating outbreaks of disease and making epidemiological
  589  investigations of reported cases of diseases of public health
  590  significance, notwithstanding any other law to the contrary.
  591  Health care practitioners, licensed health care facilities, and
  592  laboratories shall allow the department to inspect and obtain
  593  copies of such medical records and medical-related information,
  594  notwithstanding any other law to the contrary. Release of
  595  medical records and medical-related information to the
  596  department by a health care practitioner, licensed health care
  597  facility, or laboratory, or by an authorized employee or agent
  598  thereof, does not constitute a violation of the confidentiality
  599  of patient records. A health care practitioner, health care
  600  facility, or laboratory, or any employee or agent thereof, may
  601  not be held liable in any manner for damages and is not subject
  602  to criminal penalties for providing patient records to the
  603  department as authorized by this section.
  604         (7)(6) The department may adopt rules related to reporting
  605  diseases of significance to public health, which must specify
  606  the information to be included in the report, who is required to
  607  report, the method and time period for reporting, requirements
  608  for enforcement, and required followup activities by the
  609  department which are necessary to protect public health.
  610         (8) This section does not affect s. 384.25.
  611         Section 16. Subsections (4) is added to section 381.00315,
  612  Florida Statutes, to read:
  613         381.00315 Public health advisories; public health
  614  emergencies; quarantines.—The State Health Officer is
  615  responsible for declaring public health emergencies and
  616  quarantines and issuing public health advisories.
  617         (4) The department shall adopt rules to specify the
  618  conditions and procedures for imposing and releasing a
  619  quarantine. The rules must include provisions related to:
  620         (a) The closure of premises.
  621         (b) The movement of persons or animals exposed to or
  622  infected with a communicable disease.
  623         (c) The tests or treatment, including vaccination, for
  624  communicable disease required prior to employment or admission
  625  to the premises or to comply with a quarantine.
  626         (d) Testing or destruction of animals with or suspected of
  627  having a disease transmissible to humans.
  628         (e) Access by the department to quarantined premises.
  629         (f) The disinfection of quarantined animals, persons, or
  630  premises.
  631         (g) Methods of quarantine.
  632         (5) The rules adopted under this section and actions taken
  633  by the department pursuant to a declared public health emergency
  634  or quarantine shall supersede all rules enacted by other state
  635  departments, boards or commissions, and ordinances and
  636  regulations enacted by political subdivisions of the state. Any
  637  person who violates any rule adopted under this section, any
  638  quarantine, or any requirement adopted by the department
  639  pursuant to a declared public health emergency, commits a
  640  misdemeanor of the second degree, punishable as provided in s.
  641  775.082 or s. 775.083.
  642         Section 17. Section 381.0032, Florida Statutes, is
  643  repealed.
  644         Section 18. Section 381.00325, Florida Statutes, is
  645  repealed.
  646         Section 19. Subsection (1) of section 381.0034, Florida
  647  Statutes, is amended to read:
  648         381.0034 Requirement for instruction on HIV and AIDS.—
  649         (1) As of July 1, 1991, The Department of Health shall
  650  require each person licensed or certified under chapter 401,
  651  chapter 467, part IV of chapter 468, or chapter 483, as a
  652  condition of biennial relicensure, to complete an educational
  653  course approved by the department on the modes of transmission,
  654  infection control procedures, clinical management, and
  655  prevention of human immunodeficiency virus and acquired immune
  656  deficiency syndrome. Such course shall include information on
  657  current Florida law on acquired immune deficiency syndrome and
  658  its impact on testing, confidentiality of test results, and
  659  treatment of patients. Each such licensee or certificateholder
  660  shall submit confirmation of having completed said course, on a
  661  form provided by the department, when submitting fees or
  662  application for each biennial renewal.
  663         Section 20. Section 381.0037, Florida Statutes, is
  664  repealed.
  665         Section 21. Subsections (2) though (11) of section 381.004,
  666  Florida Statutes, are renumbered as subsections (1) through
  667  (10), respectively, and present subsection (1), paragraph (a) of
  668  present subsection (3), paragraph (d) of present subsection (5),
  669  present subsection (7), and paragraph (c) of present subsection
  670  (11) of that section are amended to read:
  671         381.004 HIV testing.—
  672         (1) LEGISLATIVE INTENT.—The Legislature finds that the use
  673  of tests designed to reveal a condition indicative of human
  674  immunodeficiency virus infection can be a valuable tool in
  675  protecting the public health. The Legislature finds that despite
  676  existing laws, regulations, and professional standards which
  677  require or promote the informed, voluntary, and confidential use
  678  of tests designed to reveal human immunodeficiency virus
  679  infection, many members of the public are deterred from seeking
  680  such testing because they misunderstand the nature of the test
  681  or fear that test results will be disclosed without their
  682  consent. The Legislature finds that the public health will be
  683  served by facilitating informed, voluntary, and confidential use
  684  of tests designed to detect human immunodeficiency virus
  685  infection.
  688         (a) No person in this state shall order a test designed to
  689  identify the human immunodeficiency virus, or its antigen or
  690  antibody, without first obtaining the informed consent of the
  691  person upon whom the test is being performed, except as
  692  specified in paragraph (h). Informed consent shall be preceded
  693  by an explanation of the right to confidential treatment of
  694  information identifying the subject of the test and the results
  695  of the test to the extent provided by law. Information shall
  696  also be provided on the fact that a positive HIV test result
  697  will be reported to the county health department with sufficient
  698  information to identify the test subject and on the availability
  699  and location of sites at which anonymous testing is performed.
  700  As required in paragraph (3)(c) (4)(c), each county health
  701  department shall maintain a list of sites at which anonymous
  702  testing is performed, including the locations, phone numbers,
  703  and hours of operation of the sites. Consent need not be in
  704  writing provided there is documentation in the medical record
  705  that the test has been explained and the consent has been
  706  obtained.
  709  REGISTRATION.—No county health department and no other person in
  710  this state shall conduct or hold themselves out to the public as
  711  conducting a testing program for acquired immune deficiency
  712  syndrome or human immunodeficiency virus status without first
  713  registering with the Department of Health, reregistering each
  714  year, complying with all other applicable provisions of state
  715  law, and meeting the following requirements:
  716         (d) The program must meet all the informed consent criteria
  717  contained in subsection (2) (3).
  718         (7) EXEMPTIONS.—Except as provided in paragraph (3)(d)
  719  (4)(d) and ss. 627.429 and 641.3007, insurers and others
  720  participating in activities related to the insurance application
  721  and underwriting process shall be exempt from this section.
  723         (c) Any violation of this subsection or the rules
  724  implementing it shall be punishable as provided in subsection
  725  (5) (6).
  726         Section 22. Subsection (2) of section 381.0046, Florida
  727  Statutes, is amended to read:
  728         381.0046 Statewide HIV and AIDS prevention campaign.—
  729         (2) The Department of Health shall establish dedicated four
  730  positions within the department for HIV and AIDS regional
  731  minority coordinators and one position for a statewide HIV and
  732  AIDS minority coordinator. The coordinators shall facilitate
  733  statewide efforts to implement and coordinate HIV and AIDS
  734  prevention and treatment programs. The statewide coordinator
  735  shall report directly to the chief of the Bureau of HIV and AIDS
  736  within the Department of Health.
  737         Section 23. Subsection (3) of section 381.005, Florida
  738  Statutes, is renumbered as subsection (2), and present
  739  subsection (2) of that section is amended to read:
  740         381.005 Primary and preventive health services.—
  741         (2) Between October 1, or earlier if the vaccination is
  742  available, and February 1 of each year, subject to the
  743  availability of an adequate supply of the necessary vaccine,
  744  each hospital licensed pursuant to chapter 395 shall implement a
  745  program to offer immunizations against the influenza virus and
  746  pneumococcal bacteria to all patients age 65 or older, in
  747  accordance with the recommendations of the Advisory Committee on
  748  Immunization Practices of the United States Centers for Disease
  749  Control and Prevention and subject to the clinical judgment of
  750  the responsible practitioner.
  751         Section 24. Subsections (3) through (7) of section
  752  381.0051, Florida Statutes, are renumbered as subsections (2)
  753  through (6), respectively, and present subsection (2) of that
  754  section is amended to read:
  755         381.0051 Family planning.—
  756         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  757  to make available to citizens of the state of childbearing age
  758  comprehensive medical knowledge, assistance, and services
  759  relating to the planning of families and maternal health care.
  760         Section 25. Subsection (5) of section 381.0052, Florida
  761  Statutes, is amended to read:
  762         381.0052 Dental health.—
  763         (5) The department may adopt rules to implement this
  764  section.
  765         Section 26. Subsection (4) of section 381.0053, Florida
  766  Statutes, is amended to read:
  767         381.0053 Comprehensive nutrition program.—
  768         (4) The department may promulgate rules to implement the
  769  provisions of this section.
  770         Section 27. Section 381.0054, Florida Statutes, is
  771  repealed.
  772         Section 28. Subsections (3) through (11) of section
  773  381.0056, Florida Statutes are renumbered as subsections (2)
  774  through (9), respectively, and present subsections (2), (3), and
  775  (11) of that section are amended to read:
  776         381.0056 School health services program.—
  777         (2) The Legislature finds that health services conducted as
  778  a part of the total school health program should be carried out
  779  to appraise, protect, and promote the health of students. School
  780  health services supplement, rather than replace, parental
  781  responsibility and are designed to encourage parents to devote
  782  attention to child health, to discover health problems, and to
  783  encourage use of the services of their physicians, dentists, and
  784  community health agencies.
  785         (2)(3)As When used in or for purposes of this section:
  786         (a) “Emergency health needs” means onsite management and
  787  aid for illness or injury pending the student’s return to the
  788  classroom or release to a parent, guardian, designated friend,
  789  or designated health care provider.
  790         (b) “Entity” or “health care entity” means a unit of local
  791  government or a political subdivision of the state; a hospital
  792  licensed under chapter 395; a health maintenance organization
  793  certified under chapter 641; a health insurer authorized under
  794  the Florida Insurance Code; a community health center; a migrant
  795  health center; a federally qualified health center; an
  796  organization that meets the requirements for nonprofit status
  797  under s. 501(c)(3) of the Internal Revenue Code; a private
  798  industry or business; or a philanthropic foundation that agrees
  799  to participate in a public-private partnership with a county
  800  health department, local school district, or school in the
  801  delivery of school health services, and agrees to the terms and
  802  conditions for the delivery of such services as required by this
  803  section and as documented in the local school health services
  804  plan.
  805         (c) “Invasive screening” means any screening procedure in
  806  which the skin or any body orifice is penetrated.
  807         (d) “Physical examination” means a thorough evaluation of
  808  the health status of an individual.
  809         (e) “School health services plan” means the document that
  810  describes the services to be provided, the responsibility for
  811  provision of the services, the anticipated expenditures to
  812  provide the services, and evidence of cooperative planning by
  813  local school districts and county health departments.
  814         (f) “Screening” means presumptive identification of unknown
  815  or unrecognized diseases or defects by the application of tests
  816  that can be given with ease and rapidity to apparently healthy
  817  persons.
  818         (11) School health programs funded by health care districts
  819  or entities defined in subsection (3) must be supplementary to
  820  and consistent with the requirements of this section and ss.
  821  381.0057 and 381.0059.
  822         Section 29. Subsections (2) through (7) of section
  823  381.0057, Florida Statutes, are renumbered as subsections (1)
  824  through (6), respectively, and present subsections (1), (4), and
  825  (6) of that section are amended to read:
  826         381.0057 Funding for school health services.—
  827         (1) It is the intent of the Legislature that funds in
  828  addition to those provided under the School Health Services Act
  829  be provided to those school districts and schools where there is
  830  a high incidence of medically underserved high-risk children,
  831  low birthweight babies, infant mortality, or teenage pregnancy.
  832  The purpose of this funding is to phase in those programs which
  833  offer the greatest potential for promoting the health of
  834  students and reducing teenage pregnancy.
  835         (3)(4) Any school district, school, or laboratory school
  836  which desires to receive state funding under the provisions of
  837  this section shall submit a proposal to the joint committee
  838  established in subsection (2) (3). The proposal shall state the
  839  goals of the program, provide specific plans for reducing
  840  teenage pregnancy, and describe all of the health services to be
  841  available to students with funds provided pursuant to this
  842  section, including a combination of initiatives such as health
  843  education, counseling, extracurricular, and self-esteem
  844  components. School health services shall not promote elective
  845  termination of pregnancy as a part of counseling services. Only
  846  those program proposals which have been developed jointly by
  847  county health departments and local school districts or schools,
  848  and which have community and parental support, shall be eligible
  849  for funding. Funding shall be available specifically for
  850  implementation of one of the following programs:
  851         (a) School health improvement pilot project.—The program
  852  shall include basic health care to an elementary school, middle
  853  school, and high school feeder system. Program services shall
  854  include, but not be limited to:
  855         1. Planning, implementing, and evaluating school health
  856  services. Staffing shall include a full-time, trained school
  857  health aide in each elementary, middle, and high school; one
  858  full-time nurse to supervise the aides in the elementary and
  859  middle schools; and one full-time nurse in each high school.
  860         2. Providing student health appraisals and identification
  861  of actual or potential health problems by screenings, nursing
  862  assessments, and record reviews.
  863         3. Expanding screening activities.
  864         4. Improving the student utilization of school health
  865  services.
  866         5. Coordinating health services for students with parents
  867  or guardians and other agencies in the community.
  868         (b) Student support services team program.—The program
  869  shall include a multidisciplinary team composed of a
  870  psychologist, social worker, and nurse whose responsibilities
  871  are to provide basic support services and to assist, in the
  872  school setting, children who exhibit mild to severely complex
  873  health, behavioral, or learning problems affecting their school
  874  performance. Support services shall include, but not be limited
  875  to: evaluation and treatment for minor illnesses and injuries,
  876  referral and followup for serious illnesses and emergencies,
  877  onsite care and consultation, referral to a physician, and
  878  followup care for pregnancy or chronic diseases and disorders as
  879  well as emotional or mental problems. Services also shall
  880  include referral care for drug and alcohol abuse and sexually
  881  transmitted diseases, sports and employment physicals,
  882  immunizations, and in addition, effective preventive services
  883  aimed at delaying early sexual involvement and aimed at
  884  pregnancy, acquired immune deficiency syndrome, sexually
  885  transmitted diseases, and destructive lifestyle conditions, such
  886  as alcohol and drug abuse. Moneys for this program shall be used
  887  to fund three teams, each consisting of one half-time
  888  psychologist, one full-time nurse, and one full-time social
  889  worker. Each team shall provide student support services to an
  890  elementary school, middle school, and high school that are a
  891  part of one feeder school system and shall coordinate all
  892  activities with the school administrator and guidance counselor
  893  at each school. A program which places all three teams in middle
  894  schools or high schools may also be proposed.
  895         (c) Full service schools.—The full-service schools shall
  896  integrate the services of the Department of Health that are
  897  critical to the continuity-of-care process. The department shall
  898  provide services to students on the school grounds. Department
  899  personnel shall provide their specialized services as an
  900  extension of the educational environment. Such services may
  901  include nutritional services, medical services, aid to dependent
  902  children, parenting skills, counseling for abused children, and
  903  education for the students’ parents or guardians.
  905  Funding may also be available for any other program that is
  906  comparable to a program described in this subsection but is
  907  designed to meet the particular needs of the community.
  908         (5)(6) Each school district or school program that is
  909  funded through the provisions of this section shall provide a
  910  mechanism through which a parent may, by written request, exempt
  911  a child from all or certain services provided by a school health
  912  services program described in subsection (3) (4).
  913         Section 30. Section 381.00591, Florida Statutes, is amended
  914  to read:
  915         381.00591 Department of Health; National Environmental
  916  Laboratory accreditation; application; rules.—The Department of
  917  Health may apply for and become a National Environmental
  918  Laboratory Accreditation Program accreditation body accrediting
  919  authority. The department, as an accrediting entity, may adopt
  920  rules pursuant to ss. 120.536(1) and 120.54, to implement
  921  standards of the National Environmental Laboratory Accreditation
  922  Program, including requirements for proficiency testing
  923  providers and other rules that are not inconsistent with this
  924  section, including rules pertaining to fees, application
  925  procedures, standards applicable to environmental or public
  926  water supply laboratories, and compliance.
  927         Section 31. Subsection (9) of section 381.00593, Florida
  928  Statutes, is renumbered as subsection (8), and present
  929  subsection (8) of that section is amended to read:
  930         381.00593 Public school volunteer health care practitioner
  931  program.—
  932         (8) The Department of Health, in cooperation with the
  933  Department of Education, may adopt rules necessary to implement
  934  this section. The rules shall include the forms to be completed
  935  and procedures to be followed by applicants and school personnel
  936  under the program.
  937         Section 32. Subsections (2) through (6) of section
  938  381.0062, Florida Statutes, are renumbered as subsections (1)
  939  through (5), respectively, and present subsections (1) and (4)
  940  of that section are amended to read:
  941         381.0062 Supervision; private and certain public water
  942  systems.—
  943         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  944  to protect the public’s health by establishing standards for the
  945  construction, modification, and operation of public and private
  946  water systems to assure consumers that the water provided by
  947  those systems is potable.
  948         (3)(4) RIGHT OF ENTRY.—For purposes of this section,
  949  department personnel may enter, at any reasonable time and if
  950  they have reasonable cause to believe a violation of this
  951  section is occurring or about to occur, upon any and all parts
  952  of the premises of such limited use public and multifamily
  953  drinking water systems, to make an examination and investigation
  954  to determine the sanitary and safety conditions of such systems.
  955  Any person who interferes with, hinders, or opposes any employee
  956  of the department in the discharge of his or her duties pursuant
  957  to the provisions of this section is subject to the penalties
  958  provided in s. 381.0025.
  959         Section 33. Subsection (1), (3), and (4) of section
  960  381.0065, Florida Statues, are amended to read:
  961         381.0065 Onsite sewage treatment and disposal systems;
  962  regulation.—
  963         (1) LEGISLATIVE INTENT.—
  964         (a) It is the intent of the Legislature that proper
  965  management of onsite sewage treatment and disposal systems is
  966  paramount to the health, safety, and welfare of the public. It
  967  is further the intent of the Legislature that the department
  968  shall administer an evaluation program to ensure the operational
  969  condition of the system and identify any failure with the
  970  system.
  971         (b) It is the intent of the Legislature that where a
  972  publicly owned or investor-owned sewerage system is not
  973  available, the department shall issue permits for the
  974  construction, installation, modification, abandonment, or repair
  975  of onsite sewage treatment and disposal systems under conditions
  976  as described in this section and rules adopted under this
  977  section. It is further the intent of the Legislature that the
  978  installation and use of onsite sewage treatment and disposal
  979  systems not adversely affect the public health or significantly
  980  degrade the groundwater or surface water.
  982  department shall:
  983         (a) Adopt rules to administer ss. 381.0065-381.0067,
  984  including definitions that are consistent with the definitions
  985  in this section, decreases to setback requirements where no
  986  health hazard exists, increases for the lot-flow allowance for
  987  performance-based systems, requirements for separation from
  988  water table elevation during the wettest season, requirements
  989  for the design and construction of any component part of an
  990  onsite sewage treatment and disposal system, application and
  991  permit requirements for persons who maintain an onsite sewage
  992  treatment and disposal system, requirements for maintenance and
  993  service agreements for aerobic treatment units and performance
  994  based treatment systems, and recommended standards, including
  995  disclosure requirements, for voluntary system inspections to be
  996  performed by individuals who are authorized by law to perform
  997  such inspections and who shall inform a person having ownership,
  998  control, or use of an onsite sewage treatment and disposal
  999  system of the inspection standards and of that person’s
 1000  authority to request an inspection based on all or part of the
 1001  standards.
 1002         (b) Perform application reviews and site evaluations, issue
 1003  permits, and conduct inspections and complaint investigations
 1004  associated with the construction, installation, maintenance,
 1005  modification, abandonment, operation, use, or repair of an
 1006  onsite sewage treatment and disposal system for a residence or
 1007  establishment with an estimated domestic sewage flow of 10,000
 1008  gallons or less per day, or an estimated commercial sewage flow
 1009  of 5,000 gallons or less per day, which is not currently
 1010  regulated under chapter 403.
 1011         (c) Develop a comprehensive program to ensure that onsite
 1012  sewage treatment and disposal systems regulated by the
 1013  department are sized, designed, constructed, installed,
 1014  repaired, modified, abandoned, used, operated, and maintained in
 1015  compliance with this section and rules adopted under this
 1016  section to prevent groundwater contamination and surface water
 1017  contamination and to preserve the public health. The department
 1018  is the final administrative interpretive authority regarding
 1019  rule interpretation. In the event of a conflict regarding rule
 1020  interpretation, the State Surgeon General Division Director for
 1021  Environmental Health of the department, or his or her designee,
 1022  shall timely assign a staff person to resolve the dispute.
 1023         (d) Grant variances in hardship cases under the conditions
 1024  prescribed in this section and rules adopted under this section.
 1025         (e) Permit the use of a limited number of innovative
 1026  systems for a specific period of time, when there is compelling
 1027  evidence that the system will function properly and reliably to
 1028  meet the requirements of this section and rules adopted under
 1029  this section.
 1030         (f) Issue annual operating permits under this section.
 1031         (g) Establish and collect fees as established under s.
 1032  381.0066 for services provided with respect to onsite sewage
 1033  treatment and disposal systems.
 1034         (h) Conduct enforcement activities, including imposing
 1035  fines, issuing citations, suspensions, revocations, injunctions,
 1036  and emergency orders for violations of this section, part I of
 1037  chapter 386, or part III of chapter 489 or for a violation of
 1038  any rule adopted under this section, part I of chapter 386, or
 1039  part III of chapter 489.
 1040         (i) Provide or conduct education and training of department
 1041  personnel, service providers, and the public regarding onsite
 1042  sewage treatment and disposal systems.
 1043         (j) Supervise research on, demonstration of, and training
 1044  on the performance, environmental impact, and public health
 1045  impact of onsite sewage treatment and disposal systems within
 1046  this state. Research fees collected under s. 381.0066(2)(l) must
 1047  be used to develop and fund hands-on training centers designed
 1048  to provide practical information about onsite sewage treatment
 1049  and disposal systems to septic tank contractors, master septic
 1050  tank contractors, contractors, inspectors, engineers, and the
 1051  public and must also be used to fund research projects which
 1052  focus on improvements of onsite sewage treatment and disposal
 1053  systems, including use of performance-based standards and
 1054  reduction of environmental impact. Research projects shall be
 1055  initially approved by the technical review and advisory panel
 1056  and shall be applicable to and reflect the soil conditions
 1057  specific to Florida. Such projects shall be awarded through
 1058  competitive negotiation, using the procedures provided in s.
 1059  287.055, to public or private entities that have experience in
 1060  onsite sewage treatment and disposal systems in Florida and that
 1061  are principally located in Florida. Research projects shall not
 1062  be awarded to firms or entities that employ or are associated
 1063  with persons who serve on either the technical review and
 1064  advisory panel or the research review and advisory committee.
 1065         (k) Approve the installation of individual graywater
 1066  disposal systems in which blackwater is treated by a central
 1067  sewerage system.
 1068         (l) Regulate and permit the sanitation, handling,
 1069  treatment, storage, reuse, and disposal of byproducts from any
 1070  system regulated under this chapter and not regulated by the
 1071  Department of Environmental Protection.
 1072         (m) Permit and inspect portable or temporary toilet
 1073  services and holding tanks. The department shall review
 1074  applications, perform site evaluations, and issue permits for
 1075  the temporary use of holding tanks, privies, portable toilet
 1076  services, or any other toilet facility that is intended for use
 1077  on a permanent or nonpermanent basis, including facilities
 1078  placed on construction sites when workers are present. The
 1079  department may specify standards for the construction,
 1080  maintenance, use, and operation of any such facility for
 1081  temporary use.
 1082         (n) Regulate and permit maintenance entities for
 1083  performance-based treatment systems and aerobic treatment unit
 1084  systems. To ensure systems are maintained and operated according
 1085  to manufacturer’s specifications and designs, the department
 1086  shall establish by rule minimum qualifying criteria for
 1087  maintenance entities. The criteria shall include: training,
 1088  access to approved spare parts and components, access to
 1089  manufacturer’s maintenance and operation manuals, and service
 1090  response time. The maintenance entity shall employ a contractor
 1091  licensed under s. 489.105(3)(m), or part III of chapter 489, or
 1092  a state-licensed wastewater plant operator, who is responsible
 1093  for maintenance and repair of all systems under contract.
 1094         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 1095  construct, repair, modify, abandon, or operate an onsite sewage
 1096  treatment and disposal system without first obtaining a permit
 1097  approved by the department. The department may issue permits to
 1098  carry out this section, but shall not make the issuance of such
 1099  permits contingent upon prior approval by the Department of
 1100  Environmental Protection, except that the issuance of a permit
 1101  for work seaward of the coastal construction control line
 1102  established under s. 161.053 shall be contingent upon receipt of
 1103  any required coastal construction control line permit from the
 1104  Department of Environmental Protection. A construction permit is
 1105  valid for 18 months from the issuance date and may be extended
 1106  by the department for one 90-day period under rules adopted by
 1107  the department. A repair permit is valid for 90 days from the
 1108  date of issuance. An operating permit must be obtained prior to
 1109  the use of any aerobic treatment unit or if the establishment
 1110  generates commercial waste. Buildings or establishments that use
 1111  an aerobic treatment unit or generate commercial waste shall be
 1112  inspected by the department at least annually to assure
 1113  compliance with the terms of the operating permit. The operating
 1114  permit for a commercial wastewater system is valid for 1 year
 1115  from the date of issuance and must be renewed annually. The
 1116  operating permit for an aerobic treatment unit is valid for 2
 1117  years from the date of issuance and must be renewed every 2
 1118  years. If all information pertaining to the siting, location,
 1119  and installation conditions or repair of an onsite sewage
 1120  treatment and disposal system remains the same, a construction
 1121  or repair permit for the onsite sewage treatment and disposal
 1122  system may be transferred to another person, if the transferee
 1123  files, within 60 days after the transfer of ownership, an
 1124  amended application providing all corrected information and
 1125  proof of ownership of the property. There is no fee associated
 1126  with the processing of this supplemental information. A person
 1127  may not contract to construct, modify, alter, repair, service,
 1128  abandon, or maintain any portion of an onsite sewage treatment
 1129  and disposal system without being registered under part III of
 1130  chapter 489. A property owner who personally performs
 1131  construction, maintenance, or repairs to a system serving his or
 1132  her own owner-occupied single-family residence is exempt from
 1133  registration requirements for performing such construction,
 1134  maintenance, or repairs on that residence, but is subject to all
 1135  permitting requirements. A municipality or political subdivision
 1136  of the state may not issue a building or plumbing permit for any
 1137  building that requires the use of an onsite sewage treatment and
 1138  disposal system unless the owner or builder has received a
 1139  construction permit for such system from the department. A
 1140  building or structure may not be occupied and a municipality,
 1141  political subdivision, or any state or federal agency may not
 1142  authorize occupancy until the department approves the final
 1143  installation of the onsite sewage treatment and disposal system.
 1144  A municipality or political subdivision of the state may not
 1145  approve any change in occupancy or tenancy of a building that
 1146  uses an onsite sewage treatment and disposal system until the
 1147  department has reviewed the use of the system with the proposed
 1148  change, approved the change, and amended the operating permit.
 1149         (a) Subdivisions and lots in which each lot has a minimum
 1150  area of at least one-half acre and either a minimum dimension of
 1151  100 feet or a mean of at least 100 feet of the side bordering
 1152  the street and the distance formed by a line parallel to the
 1153  side bordering the street drawn between the two most distant
 1154  points of the remainder of the lot may be developed with a water
 1155  system regulated under s. 381.0062 and onsite sewage treatment
 1156  and disposal systems, provided the projected daily sewage flow
 1157  does not exceed an average of 1,500 gallons per acre per day,
 1158  and provided satisfactory drinking water can be obtained and all
 1159  distance and setback, soil condition, water table elevation, and
 1160  other related requirements of this section and rules adopted
 1161  under this section can be met.
 1162         (b) Subdivisions and lots using a public water system as
 1163  defined in s. 403.852 may use onsite sewage treatment and
 1164  disposal systems, provided there are no more than four lots per
 1165  acre, provided the projected daily sewage flow does not exceed
 1166  an average of 2,500 gallons per acre per day, and provided that
 1167  all distance and setback, soil condition, water table elevation,
 1168  and other related requirements that are generally applicable to
 1169  the use of onsite sewage treatment and disposal systems are met.
 1170         (c) Notwithstanding paragraphs (a) and (b), for
 1171  subdivisions platted of record on or before October 1, 1991,
 1172  when a developer or other appropriate entity has previously made
 1173  or makes provisions, including financial assurances or other
 1174  commitments, acceptable to the Department of Health, that a
 1175  central water system will be installed by a regulated public
 1176  utility based on a density formula, private potable wells may be
 1177  used with onsite sewage treatment and disposal systems until the
 1178  agreed-upon densities are reached. In a subdivision regulated by
 1179  this paragraph, the average daily sewage flow may not exceed
 1180  2,500 gallons per acre per day. This section does not affect the
 1181  validity of existing prior agreements. After October 1, 1991,
 1182  the exception provided under this paragraph is not available to
 1183  a developer or other appropriate entity.
 1184         (d) Paragraphs (a) and (b) do not apply to any proposed
 1185  residential subdivision with more than 50 lots or to any
 1186  proposed commercial subdivision with more than 5 lots where a
 1187  publicly owned or investor-owned sewerage system is available.
 1188  It is the intent of this paragraph not to allow development of
 1189  additional proposed subdivisions in order to evade the
 1190  requirements of this paragraph.
 1191         (e) Onsite sewage treatment and disposal systems must not
 1192  be placed closer than:
 1193         1. Seventy-five feet from a private potable well.
 1194         2. Two hundred feet from a public potable well serving a
 1195  residential or nonresidential establishment having a total
 1196  sewage flow of greater than 2,000 gallons per day.
 1197         3. One hundred feet from a public potable well serving a
 1198  residential or nonresidential establishment having a total
 1199  sewage flow of less than or equal to 2,000 gallons per day.
 1200         4. Fifty feet from any nonpotable well.
 1201         5. Ten feet from any storm sewer pipe, to the maximum
 1202  extent possible, but in no instance shall the setback be less
 1203  than 5 feet.
 1204         6. Seventy-five feet from the mean high-water line of a
 1205  tidally influenced surface water body.
 1206         7. Seventy-five feet from the mean annual flood line of a
 1207  permanent nontidal surface water body.
 1208         8. Fifteen feet from the design high-water line of
 1209  retention areas, detention areas, or swales designed to contain
 1210  standing or flowing water for less than 72 hours after a
 1211  rainfall or the design high-water level of normally dry drainage
 1212  ditches or normally dry individual lot stormwater retention
 1213  areas.
 1214         (f) Except as provided under paragraphs (e) and (t), no
 1215  limitations shall be imposed by rule, relating to the distance
 1216  between an onsite disposal system and any area that either
 1217  permanently or temporarily has visible surface water.
 1218         (g) All provisions of this section and rules adopted under
 1219  this section relating to soil condition, water table elevation,
 1220  distance, and other setback requirements must be equally applied
 1221  to all lots, with the following exceptions:
 1222         1. Any residential lot that was platted and recorded on or
 1223  after January 1, 1972, or that is part of a residential
 1224  subdivision that was approved by the appropriate permitting
 1225  agency on or after January 1, 1972, and that was eligible for an
 1226  onsite sewage treatment and disposal system construction permit
 1227  on the date of such platting and recording or approval shall be
 1228  eligible for an onsite sewage treatment and disposal system
 1229  construction permit, regardless of when the application for a
 1230  permit is made. If rules in effect at the time the permit
 1231  application is filed cannot be met, residential lots platted and
 1232  recorded or approved on or after January 1, 1972, shall, to the
 1233  maximum extent possible, comply with the rules in effect at the
 1234  time the permit application is filed. At a minimum, however,
 1235  those residential lots platted and recorded or approved on or
 1236  after January 1, 1972, but before January 1, 1983, shall comply
 1237  with those rules in effect on January 1, 1983, and those
 1238  residential lots platted and recorded or approved on or after
 1239  January 1, 1983, shall comply with those rules in effect at the
 1240  time of such platting and recording or approval. In determining
 1241  the maximum extent of compliance with current rules that is
 1242  possible, the department shall allow structures and
 1243  appurtenances thereto which were authorized at the time such
 1244  lots were platted and recorded or approved.
 1245         2. Lots platted before 1972 are subject to a 50-foot
 1246  minimum surface water setback and are not subject to lot size
 1247  requirements. The projected daily flow for onsite sewage
 1248  treatment and disposal systems for lots platted before 1972 may
 1249  not exceed:
 1250         a. Two thousand five hundred gallons per acre per day for
 1251  lots served by public water systems as defined in s. 403.852.
 1252         b. One thousand five hundred gallons per acre per day for
 1253  lots served by water systems regulated under s. 381.0062.
 1254         (h) 1. The department may grant variances in hardship cases
 1255  which may be less restrictive than the provisions specified in
 1256  this section. If a variance is granted and the onsite sewage
 1257  treatment and disposal system construction permit has been
 1258  issued, the variance may be transferred with the system
 1259  construction permit, if the transferee files, within 60 days
 1260  after the transfer of ownership, an amended construction permit
 1261  application providing all corrected information and proof of
 1262  ownership of the property and if the same variance would have
 1263  been required for the new owner of the property as was
 1264  originally granted to the original applicant for the variance.
 1265  There is no fee associated with the processing of this
 1266  supplemental information. A variance may not be granted under
 1267  this section until the department is satisfied that:
 1268         a. The hardship was not caused intentionally by the action
 1269  of the applicant;
 1270         b. No reasonable alternative, taking into consideration
 1271  factors such as cost, exists for the treatment of the sewage;
 1272  and
 1273         c. The discharge from the onsite sewage treatment and
 1274  disposal system will not adversely affect the health of the
 1275  applicant or the public or significantly degrade the groundwater
 1276  or surface waters.
 1278  Where soil conditions, water table elevation, and setback
 1279  provisions are determined by the department to be satisfactory,
 1280  special consideration must be given to those lots platted before
 1281  1972.
 1282         2. The department shall appoint and staff a variance review
 1283  and advisory committee, which shall meet monthly to recommend
 1284  agency action on variance requests. The committee shall make its
 1285  recommendations on variance requests at the meeting in which the
 1286  application is scheduled for consideration, except for an
 1287  extraordinary change in circumstances, the receipt of new
 1288  information that raises new issues, or when the applicant
 1289  requests an extension. The committee shall consider the criteria
 1290  in subparagraph 1. in its recommended agency action on variance
 1291  requests and shall also strive to allow property owners the full
 1292  use of their land where possible. The committee consists of the
 1293  following:
 1294         a. The State Surgeon General, Division Director for
 1295  Environmental Health of the department or his or her designee.
 1296         b. A representative from the county health departments.
 1297         c. A representative from the home building industry
 1298  recommended by the Florida Home Builders Association.
 1299         d. A representative from the septic tank industry
 1300  recommended by the Florida Onsite Wastewater Association.
 1301         e. A representative from the Department of Environmental
 1302  Protection.
 1303         f. A representative from the real estate industry who is
 1304  also a developer in this state who develops lots using onsite
 1305  sewage treatment and disposal systems, recommended by the
 1306  Florida Association of Realtors.
 1307         g. A representative from the engineering profession
 1308  recommended by the Florida Engineering Society.
 1310  Members shall be appointed for a term of 3 years, with such
 1311  appointments being staggered so that the terms of no more than
 1312  two members expire in any one year. Members shall serve without
 1313  remuneration, but if requested, shall be reimbursed for per diem
 1314  and travel expenses as provided in s. 112.061.
 1315         (i) A construction permit may not be issued for an onsite
 1316  sewage treatment and disposal system in any area zoned or used
 1317  for industrial or manufacturing purposes, or its equivalent,
 1318  where a publicly owned or investor-owned sewage treatment system
 1319  is available, or where a likelihood exists that the system will
 1320  receive toxic, hazardous, or industrial waste. An existing
 1321  onsite sewage treatment and disposal system may be repaired if a
 1322  publicly owned or investor-owned sewerage system is not
 1323  available within 500 feet of the building sewer stub-out and if
 1324  system construction and operation standards can be met. This
 1325  paragraph does not require publicly owned or investor-owned
 1326  sewerage treatment systems to accept anything other than
 1327  domestic wastewater.
 1328         1. A building located in an area zoned or used for
 1329  industrial or manufacturing purposes, or its equivalent, when
 1330  such building is served by an onsite sewage treatment and
 1331  disposal system, must not be occupied until the owner or tenant
 1332  has obtained written approval from the department. The
 1333  department shall not grant approval when the proposed use of the
 1334  system is to dispose of toxic, hazardous, or industrial
 1335  wastewater or toxic or hazardous chemicals.
 1336         2. Each person who owns or operates a business or facility
 1337  in an area zoned or used for industrial or manufacturing
 1338  purposes, or its equivalent, or who owns or operates a business
 1339  that has the potential to generate toxic, hazardous, or
 1340  industrial wastewater or toxic or hazardous chemicals, and uses
 1341  an onsite sewage treatment and disposal system that is installed
 1342  on or after July 5, 1989, must obtain an annual system operating
 1343  permit from the department. A person who owns or operates a
 1344  business that uses an onsite sewage treatment and disposal
 1345  system that was installed and approved before July 5, 1989, need
 1346  not obtain a system operating permit. However, upon change of
 1347  ownership or tenancy, the new owner or operator must notify the
 1348  department of the change, and the new owner or operator must
 1349  obtain an annual system operating permit, regardless of the date
 1350  that the system was installed or approved.
 1351         3. The department shall periodically review and evaluate
 1352  the continued use of onsite sewage treatment and disposal
 1353  systems in areas zoned or used for industrial or manufacturing
 1354  purposes, or its equivalent, and may require the collection and
 1355  analyses of samples from within and around such systems. If the
 1356  department finds that toxic or hazardous chemicals or toxic,
 1357  hazardous, or industrial wastewater have been or are being
 1358  disposed of through an onsite sewage treatment and disposal
 1359  system, the department shall initiate enforcement actions
 1360  against the owner or tenant to ensure adequate cleanup,
 1361  treatment, and disposal.
 1362         (j) An onsite sewage treatment and disposal system for a
 1363  single-family residence that is designed by a professional
 1364  engineer registered in the state and certified by such engineer
 1365  as complying with performance criteria adopted by the department
 1366  must be approved by the department subject to the following:
 1367         1. The performance criteria applicable to engineer-designed
 1368  systems must be limited to those necessary to ensure that such
 1369  systems do not adversely affect the public health or
 1370  significantly degrade the groundwater or surface water. Such
 1371  performance criteria shall include consideration of the quality
 1372  of system effluent, the proposed total sewage flow per acre,
 1373  wastewater treatment capabilities of the natural or replaced
 1374  soil, water quality classification of the potential surface
 1375  water-receiving body, and the structural and maintenance
 1376  viability of the system for the treatment of domestic
 1377  wastewater. However, performance criteria shall address only the
 1378  performance of a system and not a system’s design.
 1379         2. The technical review and advisory panel shall assist the
 1380  department in the development of performance criteria applicable
 1381  to engineer-designed systems.
 1382         3. A person electing to utilize an engineer-designed system
 1383  shall, upon completion of the system design, submit such design,
 1384  certified by a registered professional engineer, to the county
 1385  health department. The county health department may utilize an
 1386  outside consultant to review the engineer-designed system, with
 1387  the actual cost of such review to be borne by the applicant.
 1388  Within 5 working days after receiving an engineer-designed
 1389  system permit application, the county health department shall
 1390  request additional information if the application is not
 1391  complete. Within 15 working days after receiving a complete
 1392  application for an engineer-designed system, the county health
 1393  department either shall issue the permit or, if it determines
 1394  that the system does not comply with the performance criteria,
 1395  shall notify the applicant of that determination and refer the
 1396  application to the department for a determination as to whether
 1397  the system should be approved, disapproved, or approved with
 1398  modification. The department engineer’s determination shall
 1399  prevail over the action of the county health department. The
 1400  applicant shall be notified in writing of the department’s
 1401  determination and of the applicant’s rights to pursue a variance
 1402  or seek review under the provisions of chapter 120.
 1403         4. The owner of an engineer-designed performance-based
 1404  system must maintain a current maintenance service agreement
 1405  with a maintenance entity permitted by the department. The
 1406  maintenance entity shall obtain a biennial system operating
 1407  permit from the department for each system under service
 1408  contract. The department shall inspect the system at least
 1409  annually, or on such periodic basis as the fee collected
 1410  permits, and may collect system-effluent samples if appropriate
 1411  to determine compliance with the performance criteria. The fee
 1412  for the biennial operating permit shall be collected beginning
 1413  with the second year of system operation. The maintenance entity
 1414  shall inspect each system at least twice each year and shall
 1415  report quarterly to the department on the number of systems
 1416  inspected and serviced.
 1417         5. If an engineer-designed system fails to properly
 1418  function or fails to meet performance standards, the system
 1419  shall be re-engineered, if necessary, to bring the system into
 1420  compliance with the provisions of this section.
 1421         (k) An innovative system may be approved in conjunction
 1422  with an engineer-designed site-specific system which is
 1423  certified by the engineer to meet the performance-based criteria
 1424  adopted by the department.
 1425         (l) For the Florida Keys, the department shall adopt a
 1426  special rule for the construction, installation, modification,
 1427  operation, repair, maintenance, and performance of onsite sewage
 1428  treatment and disposal systems which considers the unique soil
 1429  conditions and water table elevations, densities, and setback
 1430  requirements. On lots where a setback distance of 75 feet from
 1431  surface waters, saltmarsh, and buttonwood association habitat
 1432  areas cannot be met, an injection well, approved and permitted
 1433  by the department, may be used for disposal of effluent from
 1434  onsite sewage treatment and disposal systems. The following
 1435  additional requirements apply to onsite sewage treatment and
 1436  disposal systems in Monroe County:
 1437         1. The county, each municipality, and those special
 1438  districts established for the purpose of the collection,
 1439  transmission, treatment, or disposal of sewage shall ensure, in
 1440  accordance with the specific schedules adopted by the
 1441  Administration Commission under s. 380.0552, the completion of
 1442  onsite sewage treatment and disposal system upgrades to meet the
 1443  requirements of this paragraph.
 1444         2. Onsite sewage treatment and disposal systems must cease
 1445  discharge by December 31, 2015, or must comply with department
 1446  rules and provide the level of treatment which, on a permitted
 1447  annual average basis, produces an effluent that contains no more
 1448  than the following concentrations:
 1449         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 1450         b. Suspended Solids of 10 mg/l.
 1451         c. Total Nitrogen, expressed as N, of 10 mg/l.
 1452         d. Total Phosphorus, expressed as P, of 1 mg/l.
 1454  In addition, onsite sewage treatment and disposal systems
 1455  discharging to an injection well must provide basic disinfection
 1456  as defined by department rule.
 1457         3. On or after July 1, 2010, all new, modified, and
 1458  repaired onsite sewage treatment and disposal systems must
 1459  provide the level of treatment described in subparagraph 2.
 1460  However, in areas scheduled to be served by central sewer by
 1461  December 31, 2015, if the property owner has paid a connection
 1462  fee or assessment for connection to the central sewer system, an
 1463  onsite sewage treatment and disposal system may be repaired to
 1464  the following minimum standards:
 1465         a. The existing tanks must be pumped and inspected and
 1466  certified as being watertight and free of defects in accordance
 1467  with department rule; and
 1468         b. A sand-lined drainfield or injection well in accordance
 1469  with department rule must be installed.
 1470         4. Onsite sewage treatment and disposal systems must be
 1471  monitored for total nitrogen and total phosphorus concentrations
 1472  as required by department rule.
 1473         5. The department shall enforce proper installation,
 1474  operation, and maintenance of onsite sewage treatment and
 1475  disposal systems pursuant to this chapter, including ensuring
 1476  that the appropriate level of treatment described in
 1477  subparagraph 2. is met.
 1478         6. The authority of a local government, including a special
 1479  district, to mandate connection of an onsite sewage treatment
 1480  and disposal system is governed by s. 4, chapter 99-395, Laws of
 1481  Florida.
 1482         (m) No product sold in the state for use in onsite sewage
 1483  treatment and disposal systems may contain any substance in
 1484  concentrations or amounts that would interfere with or prevent
 1485  the successful operation of such system, or that would cause
 1486  discharges from such systems to violate applicable water quality
 1487  standards. The department shall publish criteria for products
 1488  known or expected to meet the conditions of this paragraph. In
 1489  the event a product does not meet such criteria, such product
 1490  may be sold if the manufacturer satisfactorily demonstrates to
 1491  the department that the conditions of this paragraph are met.
 1492         (n) Evaluations for determining the seasonal high-water
 1493  table elevations or the suitability of soils for the use of a
 1494  new onsite sewage treatment and disposal system shall be
 1495  performed by department personnel, professional engineers
 1496  registered in the state, or such other persons with expertise,
 1497  as defined by rule, in making such evaluations. Evaluations for
 1498  determining mean annual flood lines shall be performed by those
 1499  persons identified in paragraph (2)(j) (2)(i). The department
 1500  shall accept evaluations submitted by professional engineers and
 1501  such other persons as meet the expertise established by this
 1502  section or by rule unless the department has a reasonable
 1503  scientific basis for questioning the accuracy or completeness of
 1504  the evaluation.
 1505         (o) The department shall appoint a research review and
 1506  advisory committee, which shall meet at least semiannually. The
 1507  committee shall advise the department on directions for new
 1508  research, review and rank proposals for research contracts, and
 1509  review draft research reports and make comments. The committee
 1510  is comprised of:
 1511         1. A representative of the State Surgeon General, or his or
 1512  her designee Division of Environmental Health of the Department
 1513  of Health.
 1514         2. A representative from the septic tank industry.
 1515         3. A representative from the home building industry.
 1516         4. A representative from an environmental interest group.
 1517         5. A representative from the State University System, from
 1518  a department knowledgeable about onsite sewage treatment and
 1519  disposal systems.
 1520         6. A professional engineer registered in this state who has
 1521  work experience in onsite sewage treatment and disposal systems.
 1522         7. A representative from local government who is
 1523  knowledgeable about domestic wastewater treatment.
 1524         8. A representative from the real estate profession.
 1525         9. A representative from the restaurant industry.
 1526         10. A consumer.
 1528  Members shall be appointed for a term of 3 years, with the
 1529  appointments being staggered so that the terms of no more than
 1530  four members expire in any one year. Members shall serve without
 1531  remuneration, but are entitled to reimbursement for per diem and
 1532  travel expenses as provided in s. 112.061.
 1533         (p) An application for an onsite sewage treatment and
 1534  disposal system permit shall be completed in full, signed by the
 1535  owner or the owner’s authorized representative, or by a
 1536  contractor licensed under chapter 489, and shall be accompanied
 1537  by all required exhibits and fees. No specific documentation of
 1538  property ownership shall be required as a prerequisite to the
 1539  review of an application or the issuance of a permit. The
 1540  issuance of a permit does not constitute determination by the
 1541  department of property ownership.
 1542         (q) The department may not require any form of subdivision
 1543  analysis of property by an owner, developer, or subdivider prior
 1544  to submission of an application for an onsite sewage treatment
 1545  and disposal system.
 1546         (r) Nothing in this section limits the power of a
 1547  municipality or county to enforce other laws for the protection
 1548  of the public health and safety.
 1549         (s) In the siting of onsite sewage treatment and disposal
 1550  systems, including drainfields, shoulders, and slopes, guttering
 1551  shall not be required on single-family residential dwelling
 1552  units for systems located greater than 5 feet from the roof drip
 1553  line of the house. If guttering is used on residential dwelling
 1554  units, the downspouts shall be directed away from the
 1555  drainfield.
 1556         (t) Notwithstanding the provisions of subparagraph (g)1.,
 1557  onsite sewage treatment and disposal systems located in
 1558  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1559  following requirements:
 1560         1. The absorption surface of the drainfield shall not be
 1561  subject to flooding based on 10-year flood elevations. Provided,
 1562  however, for lots or parcels created by the subdivision of land
 1563  in accordance with applicable local government regulations prior
 1564  to January 17, 1990, if an applicant cannot construct a
 1565  drainfield system with the absorption surface of the drainfield
 1566  at an elevation equal to or above 10-year flood elevation, the
 1567  department shall issue a permit for an onsite sewage treatment
 1568  and disposal system within the 10-year floodplain of rivers,
 1569  streams, and other bodies of flowing water if all of the
 1570  following criteria are met:
 1571         a. The lot is at least one-half acre in size;
 1572         b. The bottom of the drainfield is at least 36 inches above
 1573  the 2-year flood elevation; and
 1574         c. The applicant installs either: a waterless,
 1575  incinerating, or organic waste composting toilet and a graywater
 1576  system and drainfield in accordance with department rules; an
 1577  aerobic treatment unit and drainfield in accordance with
 1578  department rules; a system approved by the State Health Office
 1579  that is capable of reducing effluent nitrate by at least 50
 1580  percent; or a system approved by the county health department
 1581  pursuant to department rule other than a system using
 1582  alternative drainfield materials. The United States Department
 1583  of Agriculture Soil Conservation Service soil maps, State of
 1584  Florida Water Management District data, and Federal Emergency
 1585  Management Agency Flood Insurance maps are resources that shall
 1586  be used to identify flood-prone areas.
 1587         2. The use of fill or mounding to elevate a drainfield
 1588  system out of the 10-year floodplain of rivers, streams, or
 1589  other bodies of flowing water shall not be permitted if such a
 1590  system lies within a regulatory floodway of the Suwannee and
 1591  Aucilla Rivers. In cases where the 10-year flood elevation does
 1592  not coincide with the boundaries of the regulatory floodway, the
 1593  regulatory floodway will be considered for the purposes of this
 1594  subsection to extend at a minimum to the 10-year flood
 1595  elevation.
 1596         (u) The owner of an aerobic treatment unit system shall
 1597  maintain a current maintenance service agreement with an aerobic
 1598  treatment unit maintenance entity permitted by the department.
 1599  The maintenance entity shall obtain a system operating permit
 1600  from the department for each aerobic treatment unit under
 1601  service contract. The maintenance entity shall inspect each
 1602  aerobic treatment unit system at least twice each year and shall
 1603  report quarterly to the department on the number of aerobic
 1604  treatment unit systems inspected and serviced. The owner shall
 1605  allow the department to inspect during reasonable hours each
 1606  aerobic treatment unit system at least annually, and such
 1607  inspection may include collection and analysis of system
 1608  effluent samples for performance criteria established by rule of
 1609  the department.
 1610         (v) The department may require the submission of detailed
 1611  system construction plans that are prepared by a professional
 1612  engineer registered in this state. The department shall
 1613  establish by rule criteria for determining when such a
 1614  submission is required.
 1615         Section 34. Section 381.0068, Florida Statutes, is amended
 1616  to read:
 1617         381.0068 Technical review and advisory panel.—
 1618         (1) The Department of Health shall, by July 1, 1996,
 1619  establish and staff a technical review and advisory panel to
 1620  assist the department with rule adoption.
 1621         (2) The primary purpose of the panel is to assist the
 1622  department in rulemaking and decisionmaking by drawing on the
 1623  expertise of representatives from several groups that are
 1624  affected by onsite sewage treatment and disposal systems. The
 1625  panel may also review and comment on any legislation or any
 1626  existing or proposed state policy or issue related to onsite
 1627  sewage treatment and disposal systems. If requested by the
 1628  panel, the chair will advise any affected person or member of
 1629  the Legislature of the panel’s position on the legislation or
 1630  any existing or proposed state policy or issue. The chair may
 1631  also take such other action as is appropriate to allow the panel
 1632  to function. At a minimum, the panel shall consist of a soil
 1633  scientist; a professional engineer registered in this state who
 1634  is recommended by the Florida Engineering Society and who has
 1635  work experience in onsite sewage treatment and disposal systems;
 1636  two representatives from the home-building industry recommended
 1637  by the Florida Home Builders Association, including one who is a
 1638  developer in this state who develops lots using onsite sewage
 1639  treatment and disposal systems; a representative from the county
 1640  health departments who has experience permitting and inspecting
 1641  the installation of onsite sewage treatment and disposal systems
 1642  in this state; a representative from the real estate industry
 1643  who is recommended by the Florida Association of Realtors; a
 1644  consumer representative with a science background; two
 1645  representatives of the septic tank industry recommended by the
 1646  Florida Onsite Wastewater Association, including one who is a
 1647  manufacturer of onsite sewage treatment and disposal systems; a
 1648  representative from local government who is knowledgeable about
 1649  domestic wastewater treatment and who is recommended by the
 1650  Florida Association of Counties and the Florida League of
 1651  Cities; and a representative from the environmental health
 1652  profession who is recommended by the Florida Environmental
 1653  Health Association and who is not employed by a county health
 1654  department. Members are to be appointed for a term of 2 years.
 1655  The panel may also, as needed, be expanded to include ad hoc,
 1656  nonvoting representatives who have topic-specific expertise. All
 1657  rules proposed by the department which relate to onsite sewage
 1658  treatment and disposal systems must be presented to the panel
 1659  for review and comment prior to adoption. The panel’s position
 1660  on proposed rules shall be made a part of the rulemaking record
 1661  that is maintained by the agency. The panel shall select a
 1662  chair, who shall serve for a period of 1 year and who shall
 1663  direct, coordinate, and execute the duties of the panel. The
 1664  panel shall also solicit input from the department’s variance
 1665  review and advisory committee before submitting any comments to
 1666  the department concerning proposed rules. The panel’s comments
 1667  must include any dissenting points of view concerning proposed
 1668  rules. The panel shall hold meetings as it determines necessary
 1669  to conduct its business, except that the chair, a quorum of the
 1670  voting members of the panel, or the department may call
 1671  meetings. The department shall keep minutes of all meetings of
 1672  the panel. Panel members shall serve without remuneration, but,
 1673  if requested, shall be reimbursed for per diem and travel
 1674  expenses as provided in s. 112.061.
 1675         Section 35. Subsection (1) of section 381.0072, Florida
 1676  Statutes, is amended to read:
 1677         381.0072 Food service protection.—It shall be the duty of
 1678  the Department of Health to adopt and enforce sanitation rules
 1679  consistent with law to ensure the protection of the public from
 1680  food-borne illness. These rules shall provide the standards and
 1681  requirements for the storage, preparation, serving, or display
 1682  of food in food service establishments as defined in this
 1683  section and which are not permitted or licensed under chapter
 1684  500 or chapter 509.
 1685         (1) DEFINITIONS.—As used in this section, the term:
 1686         (a) “Department” means the Department of Health or its
 1687  representative county health department.
 1688         (b) “Food service establishment” means detention
 1689  facilities, public or private schools, migrant labor camps,
 1690  assisted living facilities, facilities participating in the
 1691  United States Department of Agriculture Afterschool Meal Program
 1692  that are located at a facility or site that is not inspected by
 1693  another state agency for compliance with sanitation standards,
 1694  adult family-care homes, adult day care centers, short-term
 1695  residential treatment centers, residential treatment facilities,
 1696  homes for special services, transitional living facilities,
 1697  crisis stabilization units, hospices, prescribed pediatric
 1698  extended care centers, intermediate care facilities for persons
 1699  with developmental disabilities, boarding schools, civic or
 1700  fraternal organizations, bars and lounges, vending machines that
 1701  dispense potentially hazardous foods at facilities expressly
 1702  named in this paragraph, and facilities used as temporary food
 1703  events or mobile food units at any facility expressly named in
 1704  this paragraph, where food is prepared and intended for
 1705  individual portion service, including the site at which
 1706  individual portions are provided, regardless of whether
 1707  consumption is on or off the premises and regardless of whether
 1708  there is a charge for the food. The term does not include any
 1709  entity not expressly named in this paragraph; nor does the term
 1710  include a domestic violence center certified and monitored by
 1711  the Department of Children and Family Services under part XII of
 1712  chapter 39 if the center does not prepare and serve food to its
 1713  residents and does not advertise food or drink for public
 1714  consumption.
 1715         (c) “Operator” means the owner, operator, keeper,
 1716  proprietor, lessee, manager, assistant manager, agent, or
 1717  employee of a food service establishment.
 1718         Section 36. Section 381.00781, Florida Statutes, is amended
 1719  to read:
 1720         381.00781 Fees; disposition.—
 1721         (1) The department shall establish by rule the following
 1722  fees:
 1723         (1)(a)Fee For the initial licensure of a tattoo
 1724  establishment and the renewal of such license, a fee which,
 1725  except as provided in subsection (2), may not to exceed $250 per
 1726  year.
 1727         (2)(b)Fee For licensure of a temporary establishment, a
 1728  fee which, except as provided in subsection (2), may not to
 1729  exceed $250.
 1730         (3)(c)Fee For the initial licensure of a tattoo artist and
 1731  the renewal of such license, a fee which, except as provided in
 1732  subsection (2), may not to exceed $150 per year.
 1733         (3)(d)Fee For registration or reregistration of a guest
 1734  tattoo artist, a fee which, except as provided in subsection
 1735  (2), may not to exceed $45.
 1736         (4)(e)Fee For reactivation of an inactive tattoo
 1737  establishment license or tattoo artist license. A license
 1738  becomes inactive if it is not renewed before the expiration of
 1739  the current license.
 1740         (2) The department may annually adjust the maximum fees
 1741  authorized under subsection (1) according to the rate of
 1742  inflation or deflation indicated by the Consumer Price Index for
 1743  All Urban Consumers, U.S. City Average, All Items, as reported
 1744  by the United States Department of Labor.
 1745         Section 37. Subsections (1) and (4) of section 381.0086,
 1746  Florida Statutes, are amended to read:
 1747         381.0086 Rules; variances; penalties.—
 1748         (1) The department shall adopt rules necessary to protect
 1749  the health and safety of migrant farmworkers and other migrant
 1750  labor camp or residential migrant housing occupants, including
 1751  rules governing field sanitation facilities. These rules must
 1752  include definitions of terms, a process for provisions relating
 1753  to plan review of the construction of new, expanded, or
 1754  remodeled camps or residential migrant housing, sites, buildings
 1755  and structures; and standards for, personal hygiene facilities,
 1756  lighting, sewage disposal, safety, minimum living space per
 1757  occupant, bedding, food equipment, food storage and preparation,
 1758  insect and rodent control, garbage, heating equipment, water
 1759  supply, maintenance and operation of the camp or, housing, or
 1760  roads, and such other matters as the department finds to be
 1761  appropriate or necessary to protect the life and health of the
 1762  occupants. Housing operated by a public housing authority is
 1763  exempt from the provisions of any administrative rule that
 1764  conflicts with or is more stringent than the federal standards
 1765  applicable to the housing.
 1766         (4) A person who violates any provision of ss. 381.008
 1767  381.00895 or rules adopted under such sections is subject either
 1768  to the penalties provided in ss. 381.0012, 381.0025, and
 1769  381.0061 or to the penalties provided in s. 381.0087.
 1770         Section 38. Subsections (1) and (7) of section 381.0098,
 1771  Florida Statutes, are amended to read:
 1772         381.0098 Biomedical waste.—
 1773         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1774  to protect the public health by establishing standards for the
 1775  safe packaging, transport, storage, treatment, and disposal of
 1776  biomedical waste. Except as otherwise provided herein, the
 1777  Department of Health shall regulate the packaging, transport,
 1778  storage, and treatment of biomedical waste. The Department of
 1779  Environmental Protection shall regulate onsite and offsite
 1780  incineration and disposal of biomedical waste. Consistent with
 1781  the foregoing, the Department of Health shall have the exclusive
 1782  authority to establish treatment efficacy standards for
 1783  biomedical waste and the Department of Environmental Protection
 1784  shall have the exclusive authority to establish statewide
 1785  standards relating to environmental impacts, if any, of
 1786  treatment and disposal including, but not limited to, water
 1787  discharges and air emissions. An interagency agreement between
 1788  the Department of Environmental Protection and the Department of
 1789  Health shall be developed to ensure maximum efficiency in
 1790  coordinating, administering, and regulating biomedical wastes.
 1791         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1792  violation of this section or rules adopted under this section is
 1793  subject to penalties provided in ss. 381.0012, 381.0025, and
 1794  381.0061. However, an administrative fine not to exceed $2,500
 1795  may be imposed for each day such person or public body is in
 1796  violation of this section. The department may deny, suspend, or
 1797  revoke any biomedical waste permit or registration if the
 1798  permittee violates this section, any rule adopted under this
 1799  section, or any lawful order of the department.
 1800         Section 39. Subsections (2) through (8) of section
 1801  381.0101, Florida Statutes, are renumbered as subsection (1)
 1802  through (7), respectively, and present subsections (1), (3), and
 1803  (4) and paragraph (a) of present subsection (5) of that section
 1804  are amended to read:
 1805         381.0101 Environmental health professionals.—
 1806         (1) LEGISLATIVE INTENT.—Persons responsible for providing
 1807  technical and scientific evaluations of environmental health and
 1808  sanitary conditions in business establishments and communities
 1809  throughout the state may create a danger to the public health if
 1810  they are not skilled or competent to perform such evaluations.
 1811  The public relies on the judgment of environmental health
 1812  professionals employed by both government agencies and
 1813  industries to assure them that environmental hazards are
 1814  identified and removed before they endanger the health or safety
 1815  of the public. The purpose of this section is to assure the
 1816  public that persons specifically responsible for performing
 1817  environmental health and sanitary evaluations have been
 1818  certified by examination as competent to perform such work.
 1819         (2)(3) CERTIFICATION REQUIRED.—A No person may not shall
 1820  perform environmental health or sanitary evaluations in any
 1821  primary program area of environmental health without being
 1822  certified by the department as competent to perform such
 1823  evaluations. This section does not apply to:
 1824         (a) Persons performing inspections of public food service
 1825  establishments licensed under chapter 509; or
 1826         (b) Persons performing site evaluations in order to
 1827  determine proper placement and installation of onsite wastewater
 1828  treatment and disposal systems who have successfully completed a
 1829  department-approved soils morphology course and who are working
 1830  under the direct responsible charge of an engineer licensed
 1831  under chapter 471.
 1833  The State Health Officer shall appoint an advisory board to
 1834  assist the department in the promulgation of rules for
 1835  certification, testing, establishing standards, and seeking
 1836  enforcement actions against certified professionals.
 1837         (a) The board shall be comprised of the Division Director
 1838  for Emergency Preparedness and Community Support Environmental
 1839  Health or his or her designee, one individual who will be
 1840  certified under this section, one individual not employed in a
 1841  governmental capacity who will or does employ a certified
 1842  environmental health professional, one individual whose business
 1843  is or will be evaluated by a certified environmental health
 1844  professional, a citizen of the state who neither employs nor is
 1845  routinely evaluated by a person certified under this section.
 1846         (b) The board shall advise the department as to the minimum
 1847  disciplinary guidelines and standards of competency and
 1848  proficiency necessary to obtain certification in a primary area
 1849  of environmental health practice.
 1850         1. The board shall recommend primary areas of environmental
 1851  health practice in which environmental health professionals
 1852  should be required to obtain certification.
 1853         2. The board shall recommend minimum standards of practice
 1854  which the department shall incorporate into rule.
 1855         3. The board shall evaluate and recommend to the department
 1856  existing registrations and certifications which meet or exceed
 1857  minimum department standards and should, therefore, exempt
 1858  holders of such certificates or registrations from compliance
 1859  with this section.
 1860         4. The board shall hear appeals of certificate denials,
 1861  revocation, or suspension and shall advise the department as to
 1862  the disposition of such an appeal.
 1863         5. The board shall meet as often as necessary, but no less
 1864  than semiannually, handle appeals to the department, and conduct
 1865  other duties of the board.
 1866         6. Members of the board shall receive no compensation but
 1867  are entitled to reimbursement for per diem and travel expenses
 1868  in accordance with s. 112.061.
 1869         (4)(5) STANDARDS FOR CERTIFICATION.—The department shall
 1870  adopt rules that establish definitions of terms and minimum
 1871  standards of education, training, or experience for those
 1872  persons subject to this section. The rules must also address the
 1873  process for application, examination, issuance, expiration, and
 1874  renewal of certification and ethical standards of practice for
 1875  the profession.
 1876         (a) Persons employed as environmental health professionals
 1877  shall exhibit a knowledge of rules and principles of
 1878  environmental and public health law in Florida through
 1879  examination. A person may not conduct environmental health
 1880  evaluations in a primary program area unless he or she is
 1881  currently certified in that program area or works under the
 1882  direct supervision of a certified environmental health
 1883  professional.
 1884         1. All persons who begin employment in a primary
 1885  environmental health program on or after September 21, 1994,
 1886  must be certified in that program within 6 months after
 1887  employment.
 1888         2. Persons employed in the primary environmental health
 1889  program of a food protection program or an onsite sewage
 1890  treatment and disposal system prior to September 21, 1994, shall
 1891  be considered certified while employed in that position and
 1892  shall be required to adhere to any professional standards
 1893  established by the department pursuant to paragraph (b),
 1894  complete any continuing education requirements imposed under
 1895  paragraph (d), and pay the certificate renewal fee imposed under
 1896  subsection (6) (7).
 1897         3. Persons employed in the primary environmental health
 1898  program of a food protection program or an onsite sewage
 1899  treatment and disposal system prior to September 21, 1994, who
 1900  change positions or program areas and transfer into another
 1901  primary environmental health program area on or after September
 1902  21, 1994, must be certified in that program within 6 months
 1903  after such transfer, except that they will not be required to
 1904  possess the college degree required under paragraph (e).
 1905         4. Registered sanitarians shall be considered certified and
 1906  shall be required to adhere to any professional standards
 1907  established by the department pursuant to paragraph (b).
 1908         Section 40. Section 381.0203, Florida Statutes, is amended
 1909  to read:
 1910         381.0203 Pharmacy services.—
 1911         (1) The department may contract on a statewide basis for
 1912  the purchase of drugs, as defined in s. 499.003, to be used by
 1913  state agencies and political subdivisions, and may adopt rules
 1914  to administer this section.
 1915         (2) The department shall establish and maintain a pharmacy
 1916  services program, including, but not limited to:
 1917         (a) A central pharmacy to support pharmaceutical services
 1918  provided by the county health departments, including
 1919  pharmaceutical repackaging, dispensing, and the purchase and
 1920  distribution of immunizations and other pharmaceuticals.
 1921         (b) Regulation of drugs, cosmetics, and household products
 1922  pursuant to chapter 499.
 1923         (b)(c) Consultation to county health departments as
 1924  required by s. 154.04(1)(c).
 1925         (d) A contraception distribution program which shall be
 1926  implemented, to the extent resources permit, through the
 1927  licensed pharmacies of county health departments. A woman who is
 1928  eligible for participation in the contraceptive distribution
 1929  program is deemed a patient of the county health department.
 1930         1. To be eligible for participation in the program a woman
 1931  must:
 1932         a. Be a client of the department or the Department of
 1933  Children and Family Services.
 1934         b. Be of childbearing age with undesired fertility.
 1935         c. Have an income between 150 and 200 percent of the
 1936  federal poverty level.
 1937         d. Have no Medicaid benefits or applicable health insurance
 1938  benefits.
 1939         e. Have had a medical examination by a licensed health care
 1940  provider within the past 6 months.
 1941         f. Have a valid prescription for contraceptives that are
 1942  available through the contraceptive distribution program.
 1943         g. Consent to the release of necessary medical information
 1944  to the county health department.
 1945         2. Fees charged for the contraceptives under the program
 1946  must cover the cost of purchasing and providing contraceptives
 1947  to women participating in the program.
 1948         3. The department may adopt rules to administer this
 1949  program.
 1950         Section 41. Subsection (1) of section 381.0261, Florida
 1951  Statutes, is amended to read:
 1952         381.0261 Summary of patient’s bill of rights; distribution;
 1953  penalty.—
 1954         (1) The Department of Health shall publish on its Internet
 1955  website Agency for Health Care Administration shall have printed
 1956  and made continuously available to health care facilities
 1957  licensed under chapter 395, physicians licensed under chapter
 1958  458, osteopathic physicians licensed under chapter 459, and
 1959  podiatric physicians licensed under chapter 461 a summary of the
 1960  Florida Patient’s Bill of Rights and Responsibilities. In
 1961  adopting and making available to patients the summary of the
 1962  Florida Patient’s Bill of Rights and Responsibilities, health
 1963  care providers and health care facilities are not limited to the
 1964  format in which the department publishes Agency for Health Care
 1965  Administration prints and distributes the summary.
 1966         Section 42. Section 381.0301, Florida Statutes, is
 1967  repealed.
 1968         Section 43. Section 381.0302, Florida Statutes, is
 1969  repealed.
 1970         Section 44. Subsection (5) of section 381.0303, Florida
 1971  Statutes, is amended to read:
 1972         381.0303 Special needs shelters.—
 1974  Surgeon General may establish a special needs shelter
 1975  interagency committee and serve as, or appoint a designee to
 1976  serve as, the committee’s chair. The department shall provide
 1977  any necessary staff and resources to support the committee in
 1978  the performance of its duties. The committee shall address and
 1979  resolve problems related to special needs shelters not addressed
 1980  in the state comprehensive emergency medical plan and shall
 1981  consult on the planning and operation of special needs shelters.
 1982         (a) The committee shall:
 1983         1. develop, negotiate, and regularly review any necessary
 1984  interagency agreements, and.
 1985         2. undertake other such activities as the department deems
 1986  necessary to facilitate the implementation of this section.
 1987         3. Submit recommendations to the Legislature as necessary.
 1988         (b) The special needs shelter interagency committee shall
 1989  be composed of representatives of emergency management, health,
 1990  medical, and social services organizations. Membership shall
 1991  include, but shall not be limited to, representatives of the
 1992  Departments of Health, Children and Family Services, Elderly
 1993  Affairs, and Education; the Agency for Health Care
 1994  Administration; the Division of Emergency Management; the
 1995  Florida Medical Association; the Florida Osteopathic Medical
 1996  Association; Associated Home Health Industries of Florida, Inc.;
 1997  the Florida Nurses Association; the Florida Health Care
 1998  Association; the Florida Assisted Living Affiliation; the
 1999  Florida Hospital Association; the Florida Statutory Teaching
 2000  Hospital Council; the Florida Association of Homes for the
 2001  Aging; the Florida Emergency Preparedness Association; the
 2002  American Red Cross; Florida Hospices and Palliative Care, Inc.;
 2003  the Association of Community Hospitals and Health Systems; the
 2004  Florida Association of Health Maintenance Organizations; the
 2005  Florida League of Health Systems; the Private Care Association;
 2006  the Salvation Army; the Florida Association of Aging Services
 2007  Providers; the AARP; and the Florida Renal Coalition.
 2008         (c) Meetings of the committee shall be held in Tallahassee,
 2009  and members of the committee shall serve at the expense of the
 2010  agencies or organizations they represent. The committee shall
 2011  make every effort to use teleconference or videoconference
 2012  capabilities in order to ensure statewide input and
 2013  participation.
 2014         Section 45. Section 381.04015, Florida Statutes, is
 2015  repealed.
 2016         Section 46. Subsections (2), (3), and (4) of section
 2017  381.0403, Florida Statutes, are amended to read:
 2018         381.0403 The Community Hospital Education Act.—
 2020         (a) It is the intent of the Legislature that health care
 2021  services for the citizens of this state be upgraded and that a
 2022  program for continuing these services be maintained through a
 2023  plan for community medical education. The A program is intended
 2024  established to plan for community medical education, provide
 2025  additional outpatient and inpatient services, increase the a
 2026  continuing supply of highly trained physicians, and expand
 2027  graduate medical education.
 2028         (b) The Legislature further acknowledges the critical need
 2029  for increased numbers of primary care physicians to provide the
 2030  necessary current and projected health and medical services. In
 2031  order to meet both present and anticipated needs, the
 2032  Legislature supports an expansion in the number of family
 2033  practice residency positions. The Legislature intends that the
 2034  funding for graduate education in family practice be maintained
 2035  and that funding for all primary care specialties be provided at
 2036  a minimum of $10,000 per resident per year. Should funding for
 2037  this act remain constant or be reduced, it is intended that all
 2038  programs funded by this act be maintained or reduced
 2039  proportionately.
 2042         (a) There is established under the Department of Health a
 2043  program for statewide graduate medical education. It is intended
 2044  that continuing graduate medical education programs for interns
 2045  and residents be established on a statewide basis. The program
 2046  shall provide financial support for primary care specialty
 2047  interns and residents based on recommendations of policies
 2048  recommended and approved by the Community Hospital Education
 2049  Council, herein established, and the Department of Health, as
 2050  authorized by the General Appropriations Act. Only those
 2051  programs with at least three residents or interns in each year
 2052  of the training program are qualified to apply for financial
 2053  support. Programs with fewer than three residents or interns per
 2054  training year are qualified to apply for financial support, but
 2055  only if the appropriate accrediting entity for the particular
 2056  specialty has approved the program for fewer positions. New
 2057  programs added after fiscal year 1997-1998 shall have 5 years to
 2058  attain the requisite number of residents or interns. When
 2059  feasible and to the extent allowed through the General
 2060  Appropriations Act, state funds shall be used to generate
 2061  federal matching funds under Medicaid, or other federal
 2062  programs, and the resulting combined state and federal funds
 2063  shall be allocated to participating hospitals for the support of
 2064  graduate medical education.
 2065         (b) For the purposes of this section, primary care
 2066  specialties include emergency medicine, family practice,
 2067  internal medicine, pediatrics, psychiatry,
 2068  obstetrics/gynecology, and combined pediatrics and internal
 2069  medicine, and other primary care specialties as may be included
 2070  by the council and Department of Health.
 2071         (c) Medical institutions throughout the state may apply to
 2072  the Community Hospital Education Council for grants-in-aid for
 2073  financial support of their approved programs. Recommendations
 2074  for funding of approved programs shall be forwarded to the
 2075  Department of Health.
 2076         (d) The program shall provide a plan for community clinical
 2077  teaching and training with the cooperation of the medical
 2078  profession, hospitals, and clinics. The plan shall also include
 2079  formal teaching opportunities for intern and resident training.
 2080  In addition, the plan shall establish an off-campus medical
 2081  faculty with university faculty review to be located throughout
 2082  the state in local communities.
 2084         (a) There is established under the Department of Health a
 2085  program for fostering graduate medical education innovations.
 2086  Funds appropriated annually by the Legislature for this purpose
 2087  shall be distributed to participating hospitals or consortia of
 2088  participating hospitals and Florida medical schools or to a
 2089  Florida medical school for the direct costs of providing
 2090  graduate medical education in community-based clinical settings
 2091  on a competitive grant or formula basis to achieve state health
 2092  care workforce policy objectives, including, but not limited to:
 2093         1. Increasing the number of residents in primary care and
 2094  other high demand specialties or fellowships;
 2095         2. Enhancing retention of primary care physicians in
 2096  Florida practice;
 2097         3. Promoting practice in medically underserved areas of the
 2098  state;
 2099         4. Encouraging racial and ethnic diversity within the
 2100  state’s physician workforce; and
 2101         5. Encouraging increased production of geriatricians.
 2102         (b) Participating hospitals or consortia of participating
 2103  hospitals and Florida medical schools or a Florida medical
 2104  school providing graduate medical education in community-based
 2105  clinical settings may apply to the Community Hospital Education
 2106  Council for funding under this innovations program, except when
 2107  such innovations directly compete with services or programs
 2108  provided by participating hospitals or consortia of
 2109  participating hospitals, or by both hospitals and consortia.
 2110  Innovations program funding shall be allocated provide funding
 2111  based on recommendations of policies recommended and approved by
 2112  the Community Hospital Education Council and the Department of
 2113  Health, as authorized by the General Appropriations Act.
 2114         (c) Participating hospitals or consortia of participating
 2115  hospitals and Florida medical schools or Florida medical schools
 2116  awarded an innovations grant shall provide the Community
 2117  Hospital Education Council and Department of Health with an
 2118  annual report on their project.
 2119         Section 47. Subsection (7) of section 381.0405, Florida
 2120  Statutes, is amended to read:
 2121         381.0405 Office of Rural Health.—
 2122         (7) APPROPRIATION.—The Legislature shall appropriate such
 2123  sums as are necessary to support the Office of Rural Health.
 2124         Section 48. Subsection (3) of section 381.0406, Florida
 2125  Statutes, is amended to read:
 2126         381.0406 Rural health networks.—
 2127         (3) Because each rural area is unique, with a different
 2128  health care provider mix, Health care provider membership may
 2129  vary, but all networks shall include members that provide public
 2130  health, comprehensive primary care, emergency medical care, and
 2131  acute inpatient care.
 2132         Section 49. Effective October 1, 2014, section 381.0407,
 2133  Florida Statutes, is repealed.
 2134         Section 50. Section 381.045, Florida Statutes, is repealed.
 2135         Section 51. Subsection (7) of section 381.06015, Florida
 2136  Statutes, is amended to read:
 2137         381.06015 Public Cord Blood Tissue Bank.—
 2138         (7) In order to fund the provisions of this section the
 2139  consortium participants, the Agency for Health Care
 2140  Administration, and the Department of Health shall seek private
 2141  or federal funds to initiate program actions for fiscal year
 2142  2000-2001.
 2143         Section 52. Section 381.0605, Florida Statutes, is
 2144  repealed.
 2145         Section 53. Sections 381.1001, 381.1015, 381.102, and
 2146  381.103, Florida Statutes, are repealed.
 2147         Section 54. Subsections (3) through (5) of section
 2148  381.4018, Florida Statutes, are renumbered as subsections (2)
 2149  through (4), respectively, and present subsection (2) and
 2150  paragraph (f) of present subsection (4) of that section are
 2151  amended to read:
 2152         381.4018 Physician workforce assessment and development.—
 2153         (2) LEGISLATIVE INTENT.—The Legislature recognizes that
 2154  physician workforce planning is an essential component of
 2155  ensuring that there is an adequate and appropriate supply of
 2156  well-trained physicians to meet this state’s future health care
 2157  service needs as the general population and elderly population
 2158  of the state increase. The Legislature finds that items to
 2159  consider relative to assessing the physician workforce may
 2160  include physician practice status; specialty mix; geographic
 2161  distribution; demographic information, including, but not
 2162  limited to, age, gender, race, and cultural considerations; and
 2163  needs of current or projected medically underserved areas in the
 2164  state. Long-term strategic planning is essential as the period
 2165  from the time a medical student enters medical school to
 2166  completion of graduate medical education may range from 7 to 10
 2167  years or longer. The Legislature recognizes that strategies to
 2168  provide for a well-trained supply of physicians must include
 2169  ensuring the availability and capacity of quality medical
 2170  schools and graduate medical education programs in this state,
 2171  as well as using new or existing state and federal programs
 2172  providing incentives for physicians to practice in needed
 2173  specialties and in underserved areas in a manner that addresses
 2174  projected needs for physician manpower.
 2175         (3)(4) GENERAL FUNCTIONS.—The department shall maximize the
 2176  use of existing programs under the jurisdiction of the
 2177  department and other state agencies and coordinate governmental
 2178  and nongovernmental stakeholders and resources in order to
 2179  develop a state strategic plan and assess the implementation of
 2180  such strategic plan. In developing the state strategic plan, the
 2181  department shall:
 2182         (f) Develop strategies to maximize federal and state
 2183  programs that provide for the use of incentives to attract
 2184  physicians to this state or retain physicians within the state.
 2185  Such strategies should explore and maximize federal-state
 2186  partnerships that provide incentives for physicians to practice
 2187  in federally designated shortage areas. Strategies shall also
 2188  consider the use of state programs, such as the Florida Health
 2189  Service Corps established pursuant to s. 381.0302 and the
 2190  Medical Education Reimbursement and Loan Repayment Program
 2191  pursuant to s. 1009.65, which provide for education loan
 2192  repayment or loan forgiveness and provide monetary incentives
 2193  for physicians to relocate to underserved areas of the state.
 2194         Section 55. Section 381.60225, Florida Statutes, is
 2195  repealed.
 2196         Section 56. Sections 381.732, 381.733, and 381.734, Florida
 2197  Statutes, are repealed.
 2198         Section 57. Section 381.7352, Florida Statutes, is amended
 2199  to read:
 2200         381.7352 Legislative findings and intent.—
 2201         (1) The Legislature finds that despite state investments in
 2202  health care programs, certain racial and ethnic populations in
 2203  Florida continue to have significantly poorer health outcomes
 2204  when compared to non-Hispanic whites. The Legislature finds that
 2205  local solutions to health care problems can have a dramatic and
 2206  positive effect on the health status of these populations. Local
 2207  governments and communities are best equipped to identify the
 2208  health education, health promotion, and disease prevention needs
 2209  of the racial and ethnic populations in their communities,
 2210  mobilize the community to address health outcome disparities,
 2211  enlist and organize local public and private resources, and
 2212  faith-based organizations to address these disparities, and
 2213  evaluate the effectiveness of interventions.
 2214         (2) It is therefore the intent of the Legislature to
 2215  provide funds within Florida counties and Front Porch Florida
 2216  Communities, in the form of Reducing Racial and Ethnic Health
 2217  Disparities: Closing the Gap grants, to stimulate the
 2218  development of community-based and neighborhood-based projects
 2219  which will improve the health outcomes of racial and ethnic
 2220  populations. Further, it is the intent of the Legislature that
 2221  these programs foster the development of coordinated,
 2222  collaborative, and broad-based participation by public and
 2223  private entities, and faith-based organizations. Finally, it is
 2224  the intent of the Legislature that the grant program function as
 2225  a partnership between state and local governments, faith-based
 2226  organizations, and private sector health care providers,
 2227  including managed care, voluntary health care resources, social
 2228  service providers, and nontraditional partners.
 2229         Section 58. Subsection (3) of section 381.7353, Florida
 2230  Statutes, is amended to read:
 2231         381.7353 Reducing Racial and Ethnic Health Disparities:
 2232  Closing the Gap grant program; administration; department
 2233  duties.—
 2234         (3) Pursuant to s. 20.43(6), the State Surgeon General may
 2235  appoint an ad hoc advisory committee to: examine areas where
 2236  public awareness, public education, research, and coordination
 2237  regarding racial and ethnic health outcome disparities are
 2238  lacking; consider access and transportation issues which
 2239  contribute to health status disparities; and make
 2240  recommendations for closing gaps in health outcomes and
 2241  increasing the public’s awareness and understanding of health
 2242  disparities that exist between racial and ethnic populations.
 2243         Section 59. Subsections (5) and (6) of section 381.7356,
 2244  Florida Statutes, are renumbered as subsections (4) and (5),
 2245  respectively, and present subsection (4) of that section is
 2246  amended to read:
 2247         381.7356 Local matching funds; grant awards.—
 2248         (4) Dissemination of grant awards shall begin no later than
 2249  January 1, 2001.
 2250         Section 60. Subsection (3) of section 381.765, Florida
 2251  Statutes, is amended to read:
 2252         381.765 Retention of title to and disposal of equipment.—
 2253         (3) The department may adopt rules relating to records and
 2254  recordkeeping for department-owned property referenced in
 2255  subsections (1) and (2).
 2256         Section 61. Section 381.77, Florida Statutes, is repealed.
 2257         Section 62. Section 381.795, Florida Statutes, is repealed.
 2258         Section 63. Subsections (2) through (5) of section 381.853,
 2259  Florida Statutes, are renumbered as subsections (1) through (4),
 2260  respectively, and present subsection (1) of that section is
 2261  amended to read:
 2262         381.853 Florida Center for Brain Tumor Research.—
 2263         (1) The Legislature finds that each year an estimated
 2264  190,000 citizens of the United States are diagnosed with
 2265  cancerous and noncancerous brain tumors and that biomedical
 2266  research is the key to finding cures for these tumors. The
 2267  Legislature further finds that, although brain tumor research is
 2268  being conducted throughout the state, there is a lack of
 2269  coordinated efforts among researchers and health care providers.
 2270  Therefore, the Legislature finds that there is a significant
 2271  need for a coordinated effort to achieve the goal of curing
 2272  brain tumors. The Legislature further finds that the biomedical
 2273  technology sector meets the criteria of a high-impact sector,
 2274  pursuant to s. 288.108(6), having a high importance to the
 2275  state’s economy with a significant potential for growth and
 2276  contribution to our universities and quality of life.
 2277         Section 64. Section 381.855, Florida Statutes, is repealed.
 2278         Section 65. Section 381.87, Florida Statutes, is repealed.
 2279         Section 66. Section 381.90, Florida Statutes, is repealed.
 2280         Section 67. Subsection (1) of section 381.91, Florida
 2281  Statutes, is amended to read:
 2282         381.91 Jessie Trice Cancer Prevention Program.—
 2283         (1) It is the intent of the Legislature to:
 2284         (a) Reduce the rates of illness and death from lung cancer
 2285  and other cancers and improve the quality of life among low
 2286  income African-American and Hispanic populations through
 2287  increased access to early, effective screening and diagnosis,
 2288  education, and treatment programs.
 2289         (b) create a community faith-based disease-prevention
 2290  program in conjunction with the Health Choice Network and other
 2291  community health centers to build upon the natural referral and
 2292  education networks in place within minority communities and to
 2293  increase access to health service delivery in Florida and.
 2294         (c) establish a funding source to build upon local private
 2295  participation to sustain the operation of the program.
 2296         Section 68. Subsection (5) of section 381.922, Florida
 2297  Statutes, is amended to read:
 2298         381.922 William G. “Bill” Bankhead, Jr., and David Coley
 2299  Cancer Research Program.—
 2300         (5) The William G. “Bill” Bankhead, Jr., and David Coley
 2301  Cancer Research Program is funded pursuant to s. 215.5602(12).
 2302  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
 2303  David Coley Cancer Research Program shall be distributed
 2304  pursuant to this section to provide grants to researchers
 2305  seeking cures for cancer and cancer-related illnesses, with
 2306  emphasis given to the goals enumerated in this section. From the
 2307  total funds appropriated, an amount of up to 10 percent may be
 2308  used for administrative expenses. From funds appropriated to
 2309  accomplish the goals of this section, up to $250,000 shall be
 2310  available for the operating costs of the Florida Center for
 2311  Universal Research to Eradicate Disease.
 2312         Section 69. Paragraph (g) of subsection (1) of section
 2313  383.011, Florida Statutes, is amended to read:
 2314         383.011 Administration of maternal and child health
 2315  programs.—
 2316         (1) The Department of Health is designated as the state
 2317  agency for:
 2318         (g) Receiving the federal funds for the “Special
 2319  Supplemental Nutrition Program for Women, Infants, and
 2320  Children,” or WIC, authorized by the Child Nutrition Act of
 2321  1966, as amended, and for providing clinical leadership for
 2322  administering the statewide WIC program.
 2323         1. The department shall establish an interagency agreement
 2324  with the Department of Children and Family Services for fiscal
 2325  management of the program. Responsibilities are delegated to
 2326  each department, as follows:
 2327         a. The department shall provide clinical leadership, manage
 2328  program eligibility, and distribute nutritional guidance and
 2329  information to participants.
 2330         b. The Department of Children and Family Services shall
 2331  develop and implement an electronic benefits transfer system.
 2332         c. The Department of Children and Family Services shall
 2333  develop a cost containment plan that provides timely and
 2334  accurate adjustments based on wholesale price fluctuations and
 2335  adjusts for the number of cash registers in calculating
 2336  statewide averages.
 2337         d. The department shall coordinate submission of
 2338  information to appropriate federal officials in order to obtain
 2339  approval of the electronic benefits system and cost containment
 2340  plan, which must include participation of WIC-only stores.
 2341         2. The department shall assist the Department of Children
 2342  and Family Services in the development of the electronic
 2343  benefits system to ensure full implementation no later than July
 2344  1, 2013.
 2345         Section 70. Section 383.141, Florida Statutes, is created
 2346  to read:
 2347         383.141 Prenatally diagnosed conditions; patient to be
 2348  provided information; definitions; information clearinghouse;
 2349  advisory council.—
 2350         (1) As used in this section, the term:
 2351         (a) “Down syndrome” means a chromosomal disorder caused by
 2352  an error in cell division which results in the presence of an
 2353  extra whole or partial copy of chromosome 21.
 2354         (b) “Developmental disability” includes Down syndrome and
 2355  other developmental disabilities defined by s. 393.063(9).
 2356         (c) “Health care provider” means a practitioner licensed
 2357  under chapter 458 or chapter 459.
 2358         (d) “Prenatally diagnosed condition” means an adverse fetal
 2359  health condition identified by prenatal testing.
 2360         (e) “Prenatal test” or “prenatal testing” means a
 2361  diagnostic procedure or screening procedure performed on a
 2362  pregnant woman or her unborn offspring to obtain information
 2363  about the offspring’s health or development.
 2364         (2) When a developmental disability is diagnosed based on
 2365  the results of a prenatal test, the health care provider who
 2366  ordered the prenatal test, or his or her designee, shall provide
 2367  the patient with current information about the nature of the
 2368  developmental disability, the accuracy of the prenatal test, and
 2369  resources for obtaining relevant support services, including
 2370  hotlines, resource centers, and information clearinghouses
 2371  related to Down syndrome or other prenatally diagnosed
 2372  developmental disabilities; support programs for parents and
 2373  families; and developmental evaluation and intervention services
 2374  under s. 391.303.
 2375         (3) The Department of Health shall establish on its
 2376  Internet website a clearinghouse of information related to
 2377  developmental disabilities concerning providers of supportive
 2378  services, information hotlines specific to Down syndrome and
 2379  other prenatally diagnosed developmental disabilities, resource
 2380  centers, educational programs, other support programs for
 2381  parents and families, and developmental evaluation and
 2382  intervention services under s. 391.303. Such information shall
 2383  be made available to health care providers for use in counseling
 2384  pregnant women whose unborn children have been prenatally
 2385  diagnosed with developmental disabilities.
 2386         (a) There is established an advisory council within the
 2387  Department of Health which consists of health care providers and
 2388  caregivers who perform health care services for persons who have
 2389  developmental disabilities, including Down syndrome and autism.
 2390  This group shall consist of nine members as follows:
 2391         1. Three members appointed by the Governor;
 2392         2. Three members appointed by the President of the Senate;
 2393  and
 2394         3. Three members appointed by the Speaker of the House of
 2395  Representatives.
 2396         (b) The advisory council shall provide technical assistance
 2397  to the Department of Health in the establishment of the
 2398  information clearinghouse and give the department the benefit of
 2399  the council members’ knowledge and experience relating to the
 2400  needs of patients and families of patients with developmental
 2401  disabilities and available support services.
 2402         (c) Members of the council shall elect a chairperson and a
 2403  vice chairperson. The elected chairperson and vice chairperson
 2404  shall serve in these roles until their terms of appointment on
 2405  the council expire.
 2406         (d) The advisory council shall meet quarterly to review
 2407  this clearinghouse of information, and may meet more often at
 2408  the call of the chairperson or as determined by a majority of
 2409  members.
 2410         (e) The council members shall be appointed to 4-year terms,
 2411  except that, to provide for staggered terms, one initial
 2412  appointee each from the Governor, the President of the Senate,
 2413  and the Speaker of the House of Representatives shall be
 2414  appointed to a 2-year term, one appointee each from these
 2415  officials shall be appointed to a 3-year term, and the remaining
 2416  initial appointees shall be appointed to 4-year terms. All
 2417  subsequent appointments shall be for 4-year terms. A vacancy
 2418  shall be filled for the remainder of the unexpired term in the
 2419  same manner as the original appointment.
 2420         (f) Members of the council shall serve without
 2421  compensation. Meetings of the council may be held in person,
 2422  without reimbursement for travel expenses, or by teleconference
 2423  or other electronic means.
 2424         (g) The Department of Health shall provide administrative
 2425  support for the advisory council.
 2426         Section 71. Effective July 1, 2012, section 385.210,
 2427  Florida Statutes, is repealed.
 2428         Section 72. Section 391.016, Florida Statutes, is amended
 2429  to read:
 2430         391.016 Purposes and functions Legislative intent.—The
 2431  Legislature intends that the Children’s Medical Services program
 2432  is established for the following purposes and authorized to
 2433  perform the following functions:
 2434         (1) Provide to children with special health care needs a
 2435  family-centered, comprehensive, and coordinated statewide
 2436  managed system of care that links community-based health care
 2437  with multidisciplinary, regional, and tertiary pediatric
 2438  specialty care. The program shall coordinate and maintain a
 2439  consistent may provide for the coordination and maintenance of
 2440  consistency of the medical home for participating children in
 2441  families with a Children’s Medical Services program participant,
 2442  in order to achieve family-centered care.
 2443         (2) Provide essential preventive, evaluative, and early
 2444  intervention services for children at risk for or having special
 2445  health care needs, in order to prevent or reduce long-term
 2446  disabilities.
 2447         (3) Serve as a principal provider for children with special
 2448  health care needs under Titles XIX and XXI of the Social
 2449  Security Act.
 2450         (4) Be complementary to children’s health training programs
 2451  essential for the maintenance of a skilled pediatric health care
 2452  workforce for all Floridians.
 2453         Section 73. Section 391.021, Florida Statutes, is amended
 2454  to read:
 2455         391.021 Definitions.—When used in this act, the term unless
 2456  the context clearly indicates otherwise:
 2457         (1) “Children’s Medical Services network” or “network”
 2458  means a statewide managed care service system that includes
 2459  health care providers, as defined in this section.
 2460         (2) “Children with special health care needs” means those
 2461  children younger than 21 years of age who have chronic and
 2462  serious physical, developmental, behavioral, or emotional
 2463  conditions and who also require health care and related services
 2464  of a type or amount beyond that which is generally required by
 2465  children.
 2466         (3) “Department” means the Department of Health.
 2467         (4) “Eligible individual” means a child with a special
 2468  health care need or a female with a high-risk pregnancy, who
 2469  meets the financial and medical eligibility standards
 2470  established in s. 391.029.
 2471         (5) “Health care provider” means a health care
 2472  professional, health care facility, or entity licensed or
 2473  certified to provide health services in this state that meets
 2474  the criteria as established by the department.
 2475         (6) “Health services” includes the prevention, diagnosis,
 2476  and treatment of human disease, pain, injury, deformity, or
 2477  disabling conditions.
 2478         (7) “Participant” means an eligible individual who is
 2479  enrolled in the Children’s Medical Services program.
 2480         (8) “Program” means the Children’s Medical Services program
 2481  established in the department.
 2482         Section 74. Section 391.025, Florida Statutes, is amended
 2483  to read:
 2484         391.025 Applicability and scope.—
 2485         (1) The Children’s Medical Services program consists of the
 2486  following components:
 2487         (a) The newborn screening program established in s. 383.14.
 2488         (b) The regional perinatal intensive care centers program
 2489  established in ss. 383.15-383.21.
 2490         (c) A federal or state program authorized by the
 2491  Legislature.
 2492         (c)(d) The developmental evaluation and intervention
 2493  program, including the Florida Infants and Toddlers Early
 2494  Intervention Program.
 2495         (d)(e) The Children’s Medical Services network.
 2496         (2) The Children’s Medical Services program shall not be
 2497  deemed an insurer and is not subject to the licensing
 2498  requirements of the Florida Insurance Code or the rules adopted
 2499  thereunder, when providing services to children who receive
 2500  Medicaid benefits, other Medicaid-eligible children with special
 2501  health care needs, and children participating in the Florida
 2502  Kidcare program.
 2503         Section 75. Section 391.026, Florida Statutes, is amended
 2504  to read:
 2505         391.026 Powers and duties of the department.—The department
 2506  shall have the following powers, duties, and responsibilities:
 2507         (1) To provide or contract for the provision of health
 2508  services to eligible individuals.
 2509         (2) To provide services to abused and neglected children
 2510  through child protective teams pursuant to s. 39.303.
 2511         (3)(2) To determine the medical and financial eligibility
 2512  standards for the program and to determine the medical and
 2513  financial eligibility of individuals seeking health services
 2514  from the program.
 2515         (3) To recommend priorities for the implementation of
 2516  comprehensive plans and budgets.
 2517         (4) To coordinate a comprehensive delivery system for
 2518  eligible individuals to take maximum advantage of all available
 2519  funds.
 2520         (5) To promote, establish, and coordinate with programs
 2521  relating to children’s medical services in cooperation with
 2522  other public and private agencies and to coordinate funding of
 2523  health care programs with federal, state, or local indigent
 2524  health care funding mechanisms.
 2525         (6) To initiate and, coordinate, and request review of
 2526  applications to federal agencies and private organizations and
 2527  state agencies for funds, services, or commodities relating to
 2528  children’s medical programs.
 2529         (7) To sponsor or promote grants for projects, programs,
 2530  education, or research in the field of medical needs of children
 2531  with special health needs, with an emphasis on early diagnosis
 2532  and treatment.
 2533         (8) To oversee and operate the Children’s Medical Services
 2534  network.
 2535         (9) To establish reimbursement mechanisms for the
 2536  Children’s Medical Services network.
 2537         (10) To establish Children’s Medical Services network
 2538  standards and credentialing requirements for health care
 2539  providers and health care services.
 2540         (11) To serve as a provider and principal case manager for
 2541  children with special health care needs under Titles XIX and XXI
 2542  of the Social Security Act.
 2543         (12) To monitor the provision of health services in the
 2544  program, including the utilization and quality of health
 2545  services.
 2546         (13) To administer the Children with Special Health Care
 2547  Needs program in accordance with Title V of the Social Security
 2548  Act.
 2549         (14) To establish and operate a grievance resolution
 2550  process for participants and health care providers.
 2551         (15) To maintain program integrity in the Children’s
 2552  Medical Services program.
 2553         (16) To receive and manage health care premiums, capitation
 2554  payments, and funds from federal, state, local, and private
 2555  entities for the program. The department may contract with a
 2556  third-party administrator for processing claims, monitoring
 2557  medical expenses, and other related services necessary to the
 2558  efficient and cost-effective operation of the Children’s Medical
 2559  Services network. The department is authorized to maintain a
 2560  minimum reserve for the Children’s Medical Services network in
 2561  an amount that is the greater of:
 2562         (a) Ten percent of total projected expenditures for Title
 2563  XIX-funded and Title XXI-funded children; or
 2564         (b) Two percent of total annualized payments from the
 2565  Agency for Health Care Administration for Title XIX and Title
 2566  XXI of the Social Security Act.
 2567         (17) To provide or contract for appoint health care
 2568  consultants for the purpose of providing peer review and other
 2569  quality-improvement activities making recommendations to enhance
 2570  the delivery and quality of services in the Children’s Medical
 2571  Services program.
 2572         (18) To adopt rules pursuant to ss. 120.536(1) and 120.54
 2573  to administer the Children’s Medical Services Act. The rules may
 2574  include requirements for definitions of terms, program
 2575  organization, and program description; a process for selecting
 2576  an area medical director; responsibilities of applicants and
 2577  clients; requirements for service applications, including
 2578  required medical and financial information; eligibility
 2579  requirements for initial treatment and for continued
 2580  eligibility, including financial and custody issues;
 2581  methodologies for resource development and allocation, including
 2582  medical and financial considerations; requirements for
 2583  reimbursement services rendered to a client; billing and payment
 2584  requirements for providers; requirements for qualification,
 2585  appointments, verification, and emergency exceptions for health
 2586  professional consultants; general and diagnostic-specific
 2587  standards for diagnostic and treatment facilities; and standards
 2588  for the method of service delivery, including consultant
 2589  services, respect-for-privacy considerations, examination
 2590  requirements, family support plans, and clinic design.
 2591         Section 76. Section 391.028, Florida Statutes, is amended
 2592  to read:
 2593         391.028 Administration.—The Children’s Medical Services
 2594  program shall have a central office and area offices.
 2595         (1) The Director of Children’s Medical Services must be a
 2596  physician licensed under chapter 458 or chapter 459 who has
 2597  specialized training and experience in the provision of health
 2598  care to children and who has recognized skills in leadership and
 2599  the promotion of children’s health programs. The director shall
 2600  be the deputy secretary and the Deputy State Health Officer for
 2601  Children’s Medical Services and is appointed by and reports to
 2602  the State Surgeon General. The director may appoint such other
 2603  staff as necessary for the operation of the program division
 2604  directors subject to the approval of the State Surgeon General.
 2605         (2) The director shall provide for operational system using
 2606  such department staff and contract providers as necessary. The
 2607  program shall implement the following program activities under
 2608  physician supervision on a statewide basis designate Children’s
 2609  Medical Services area offices to perform operational activities,
 2610  including, but not limited to:
 2611         (a) Providing Case management services for the network
 2612  participants;.
 2613         (b) Management and Providing local oversight of local the
 2614  program activities;.
 2615         (c) Determining an individual’s Medical and financial
 2616  eligibility determination for the program in accordance with s.
 2617  391.029;.
 2618         (d) Participating in the Determination of a level of care
 2619  and medical complexity for long-term care services;.
 2620         (e) Authorizing services in the program and developing
 2621  spending plans;.
 2622         (f) Participating in the Development of treatment plans;
 2623  and.
 2624         (g) Taking part in the Resolution of complaints and
 2625  grievances from participants and health care providers.
 2626         (3) Each Children’s Medical Services area office shall be
 2627  directed by a physician licensed under chapter 458 or chapter
 2628  459 who has specialized training and experience in the provision
 2629  of health care to children. The director of a Children’s Medical
 2630  Services area office shall be appointed by the director from the
 2631  active panel of Children’s Medical Services physician
 2632  consultants.
 2633         Section 77. Section 391.029, Florida Statutes, is amended
 2634  to read:
 2635         391.029 Program eligibility.—
 2636         (1) Eligibility The department shall establish the medical
 2637  criteria to determine if an applicant for the Children’s Medical
 2638  Services program is based on the diagnosis of one or more
 2639  chronic and serious medical conditions and the family’s need for
 2640  specialized services an eligible individual.
 2641         (2) The following individuals are financially eligible to
 2642  receive services through the program:
 2643         (a) A high-risk pregnant female who is enrolled in eligible
 2644  for Medicaid.
 2645         (b) Children with serious special health care needs from
 2646  birth to 21 years of age who are enrolled in eligible for
 2647  Medicaid.
 2648         (c) Children with serious special health care needs from
 2649  birth to 19 years of age who are enrolled in eligible for a
 2650  program under Title XXI of the Social Security Act.
 2651         (3) Subject to the availability of funds, the following
 2652  individuals may receive services through the program:
 2653         (a) Children with serious special health care needs from
 2654  birth to 21 years of age who do not qualify for Medicaid or
 2655  whose family income is above the requirements for financial
 2656  eligibility under Title XXI of the Social Security Act but who
 2657  are unable to access, due to lack of providers or lack of
 2658  financial resources, specialized services that are medically
 2659  necessary or essential family support services and whose
 2660  projected annual cost of care adjusts the family income to
 2661  Medicaid financial criteria. Families In cases where the family
 2662  income is adjusted based on a projected annual cost of care, the
 2663  family shall participate financially in the cost of care based
 2664  on a sliding fee scale criteria established by the department.
 2665         (b) Children with special health care needs from birth to
 2666  21 years of age, as provided in Title V of the Social Security
 2667  Act.
 2668         (c) An infant who receives an award of compensation under
 2669  s. 766.31(1). The Florida Birth-Related Neurological Injury
 2670  Compensation Association shall reimburse the Children’s Medical
 2671  Services Network the state’s share of funding, which must
 2672  thereafter be used to obtain matching federal funds under Title
 2673  XXI of the Social Security Act.
 2674         (4) The department shall determine the financial and
 2675  medical eligibility of children for the program. The department
 2676  shall also determine the financial ability of the parents, or
 2677  persons or other agencies having legal custody over such
 2678  individuals, to pay the costs of health services under the
 2679  program. The department may pay reasonable travel expenses
 2680  related to the determination of eligibility for or the provision
 2681  of health services.
 2682         (4)(5) Any child who has been provided with surgical or
 2683  medical care or treatment under this act prior to being adopted
 2684  and has serious and chronic special health needs shall continue
 2685  to be eligible to be provided with such care or treatment after
 2686  his or her adoption, regardless of the financial ability of the
 2687  persons adopting the child.
 2688         Section 78. Section 391.0315, Florida Statutes, is amended
 2689  to read:
 2690         391.0315 Benefits.—Benefits provided under the program for
 2691  children with special health care needs shall be equivalent to
 2692  the same benefits provided to children as specified in ss.
 2693  409.905 and 409.906. The department may offer additional
 2694  benefits for early intervention services, respite services,
 2695  genetic testing, genetic and nutritional counseling, and parent
 2696  support services, if such services are determined to be
 2697  medically necessary. No child or person determined eligible for
 2698  the program who is eligible under Title XIX or Title XXI of the
 2699  Social Security Act shall receive any service other than an
 2700  initial health care screening or treatment of an emergency
 2701  medical condition as defined in s. 395.002, until such child or
 2702  person is enrolled in Medicaid or a Title XXI program.
 2703         Section 79. Effective January 1, 2013, section 392.51,
 2704  Florida Statutes, is amended to read:
 2705         392.51 Tuberculosis control Findings and intent.—A
 2706  statewide system is established to control tuberculosis
 2707  infection and mitigate its effects. The system consists The
 2708  Legislature finds and declares that active tuberculosis is a
 2709  highly contagious infection that is sometimes fatal and
 2710  constitutes a serious threat to the public health. The
 2711  Legislature finds that there is a significant reservoir of
 2712  tuberculosis infection in this state and that there is a need to
 2713  develop community programs to identify tuberculosis and to
 2714  respond quickly with appropriate measures. The Legislature finds
 2715  that some patients who have active tuberculosis have complex
 2716  medical, social, and economic problems that make outpatient
 2717  control of the disease difficult, if not impossible, without
 2718  posing a threat to the public health. The Legislature finds that
 2719  in order to protect the citizenry from those few persons who
 2720  pose a threat to the public, it is necessary to establish a
 2721  system of mandatory contact identification, treatment to cure,
 2722  hospitalization, and isolation for contagious cases, and to
 2723  provide a system of voluntary, community-oriented care and
 2724  surveillance in all other cases. The Legislature finds that the
 2725  delivery of Tuberculosis control services shall be provided is
 2726  best accomplished by the coordinated efforts of the respective
 2727  county health departments and contracted or other private health
 2728  care providers, the A.G. Holley State Hospital, and the private
 2729  health care delivery system.
 2730         Section 80. Effective January 1, 2013, subsection (4) of
 2731  section 392.61, Florida Statutes, is amended to read:
 2732         392.61 Community tuberculosis control programs.—
 2733         (4) The department shall develop, by rule, a methodology
 2734  for distributing funds appropriated for tuberculosis control
 2735  programs. Criteria to be considered in this methodology include,
 2736  but are not limited to, the basic infrastructure available for
 2737  tuberculosis control, caseload requirements, laboratory support
 2738  services needed, and epidemiologic factors.
 2739         Section 81. Effective January 1, 2013, section 392.62,
 2740  Florida Statutes, is amended to read:
 2741         392.62 Hospitalization and placement programs.—
 2742         (1) The department shall contract for operation of operate
 2743  a program for the treatment hospitalization of persons who have
 2744  active tuberculosis in hospitals licensed under chapter 395 and
 2745  may provide for appropriate placement of persons who have active
 2746  tuberculosis in other health care facilities or residential
 2747  facilities. The department shall require the contractor to use
 2748  existing licensed community hospitals and other facilities for
 2749  the care and treatment to cure of persons who have active
 2750  tuberculosis or a history of noncompliance with prescribed drug
 2751  regimens and require inpatient or other residential services.
 2752         (2) The department may operate a licensed hospital for the
 2753  care and treatment to cure of persons who have active
 2754  tuberculosis. The hospital may have a forensic unit where, under
 2755  medical protocol, a patient can be held in a secure or
 2756  protective setting. The department shall also seek to maximize
 2757  use of existing licensed community hospitals for the care and
 2758  treatment to cure of persons who have active tuberculosis.
 2759         (2)(3)The program for control of tuberculosis shall
 2760  provide funding for participating facilities and require any
 2761  such facilities to meet the following conditions Any licensed
 2762  hospital operated by the department, any licensed hospital under
 2763  contract with the department, and any other health care facility
 2764  or residential facility operated by or under contract with the
 2765  department for the care and treatment of patients who have
 2766  active tuberculosis shall:
 2767         (a) Admit patients voluntarily and under court order as
 2768  appropriate for each particular facility;
 2769         (b) Require that each patient pay the actual cost of care
 2770  provided whether the patient is admitted voluntarily or by court
 2771  order;
 2772         (c) Provide for a method of paying for the care of patients
 2773  in the program regardless of ability to pay who cannot afford to
 2774  do so;
 2775         (d) Require a primary clinical diagnosis of active
 2776  tuberculosis by a physician licensed under chapter 458 or
 2777  chapter 459 before admitting the patient; provided that there
 2778  may be more than one primary diagnosis;
 2779         (e) Provide a method of notification to the county health
 2780  department and to the patient’s family, if any, before
 2781  discharging the patient from the hospital or other facility;
 2782         (f) Provide for the necessary exchange of medical
 2783  information to assure adequate community treatment to cure and
 2784  followup of discharged patients, as appropriate; and
 2785         (g) Provide for a method of medical care and counseling and
 2786  for housing, social service, and employment referrals, if
 2787  appropriate, for all patients discharged from the hospital.
 2788         (3)(4) A hospital may, pursuant to court order, place a
 2789  patient in temporary isolation for a period of no more than 72
 2790  continuous hours. The department shall obtain a court order in
 2791  the same manner as prescribed in s. 392.57. Nothing in this
 2792  subsection precludes a hospital from isolating an infectious
 2793  patient for medical reasons.
 2794         (4)(5) Any person committed under s. 392.57 who leaves the
 2795  tuberculosis hospital or residential facility without having
 2796  been discharged by the designated medical authority, except as
 2797  provided in s. 392.63, shall be apprehended by the sheriff of
 2798  the county in which the person is found and immediately
 2799  delivered to the facility from which he or she left.
 2800         Section 82. Subsection (1) of section 395.1027, Florida
 2801  Statutes, is amended to read:
 2802         395.1027 Regional poison control centers.—
 2803         (1) There shall be created three certified regional poison
 2804  control centers, one each in the north, central, and southern
 2805  regions of the state. Each regional poison control center shall
 2806  be affiliated with and physically located in a certified Level I
 2807  trauma center. Each regional poison control center shall be
 2808  affiliated with an accredited medical school or college of
 2809  pharmacy. The regional poison control centers shall be
 2810  coordinated under the aegis of the Division of Children’s
 2811  Medical Services Prevention and Intervention in the department.
 2812         Section 83. The Department of Health shall develop and
 2813  implement a transition plan for the closure of A.G. Holley State
 2814  Hospital. The plan shall include specific steps to end voluntary
 2815  admissions; transfer patients to alternate facilities;
 2816  communicate with families, providers, other affected parties,
 2817  and the general public; enter into any necessary contracts with
 2818  providers; and coordinate with the Department of Management
 2819  Services regarding the disposition of equipment and supplies and
 2820  the closure of the facility; and the Agency for Health Care
 2821  Administration is directed to modify its reimbursement plans and
 2822  seek federal approval, if necessary, to continue Medicaid
 2823  funding throughout the treatment period in community hospitals
 2824  and other facilities. The plan shall be submitted to the
 2825  Governor, the Speaker of the House of Representatives, and the
 2826  President of the Senate by May 31, 2012. The department shall
 2827  fully implement the plan by January 1, 2013.
 2828         Section 84. Subsection (4) of section 401.243, Florida
 2829  Statutes, is amended to read:
 2830         401.243 Injury prevention.—The department shall establish
 2831  an injury-prevention program with responsibility for the
 2832  statewide coordination and expansion of injury-prevention
 2833  activities. The duties of the department under the program may
 2834  include, but are not limited to, data collection, surveillance,
 2835  education, and the promotion of interventions. In addition, the
 2836  department may:
 2837         (4) Adopt rules governing the implementation of grant
 2838  programs. The rules may include, but need not be limited to,
 2839  criteria regarding the application process, the selection of
 2840  grantees, the implementation of injury-prevention activities,
 2841  data collection, surveillance, education, and the promotion of
 2842  interventions.
 2843         Section 85. Subsection (6) of section 401.245, Florida
 2844  Statutes, is renumbered as subsection (5), and present
 2845  subsection (5) of that section is amended to read:
 2846         401.245 Emergency Medical Services Advisory Council.—
 2847         (5) The department shall adopt rules to implement this
 2848  section, which rules shall serve as formal operating procedures
 2849  for the Emergency Medical Services Advisory Council.
 2850         Section 86. Section 401.271, Florida Statutes, is amended
 2851  to read:
 2852         401.271 Certification of emergency medical technicians and
 2853  paramedics who are on active duty with the Armed Forces of the
 2854  United States; spouses of members of the Armed Forces.—
 2855         (1) Any member of the Armed Forces of the United States on
 2856  active duty who, at the time he or she became a member, was in
 2857  good standing with the department and was entitled to practice
 2858  as an emergency medical technician or paramedic in the state
 2859  remains in good standing without registering, paying dues or
 2860  fees, or performing any other act, as long as he or she is a
 2861  member of the Armed Forces of the United States on active duty
 2862  and for a period of 6 months after his or her discharge from
 2863  active duty as a member of the Armed Forces of the United
 2864  States.
 2865         (2) The department may adopt rules exempting the spouse of
 2866  a member of the Armed Forces of the United States on active duty
 2867  from certification renewal provisions while the spouse is absent
 2868  from the state because of the member’s active duty with the
 2869  Armed Forces.
 2870         Section 87. Section 402.45, Florida Statutes is repealed.
 2871         Section 88. Subsections (3) and (4) of section 403.863,
 2872  Florida Statutes, are amended to read:
 2873         403.863 State public water supply laboratory certification
 2874  program.—
 2875         (3) The Department of Health shall have the responsibility
 2876  for the operation and implementation of the state laboratory
 2877  certification program. The Department of Health shall contract
 2878  for the evaluation and review of laboratory certification
 2879  applications, and laboratory inspections., except that, Upon
 2880  completion of the evaluation and review of the laboratory
 2881  certification application, the evaluation shall be forwarded,
 2882  along with recommendations, to the department for review and
 2883  comment, prior to final approval or disapproval by the
 2884  Department of Health.
 2885         (4) The following acts constitute grounds for which the
 2886  disciplinary actions specified in subsection (5) may be taken:
 2887         (a) Making false statements on an application or on any
 2888  document associated with certification.
 2889         (b) Making consistent errors in analyses or erroneous
 2890  reporting.
 2891         (c) Permitting personnel who are not qualified, as required
 2892  by rules of the Department of Health, to perform analyses.
 2893         (d) Falsifying the results of analyses.
 2894         (e) Failing to employ approved laboratory methods in
 2895  performing analyses as outlined in rules of the Department of
 2896  Health.
 2897         (f) Failing to properly maintain facilities and equipment
 2898  according to the laboratory’s quality assurance plan.
 2899         (g) Failing to report analytical test results or maintain
 2900  required records of test results as outlined in rules of the
 2901  Department of Health.
 2902         (h) Failing to participate successfully in a performance
 2903  evaluation program approved by the Department of Health.
 2904         (i) Violating any provision of this section or of the rules
 2905  adopted under this section.
 2906         (j) Falsely advertising services or credentials.
 2907         (k) Failing to pay fees for initial certification or
 2908  renewal certification or to pay inspection expenses incurred by
 2909  the Department of Health.
 2910         (l) Failing to report any change of an item included in the
 2911  initial or renewal certification application.
 2912         (m) Refusing to allow representatives of the department or
 2913  the Department of Health to inspect a laboratory and its records
 2914  during normal business hours.
 2915         Section 89. Subsection (1) of section 400.914, Florida
 2916  Statutes, is amended to read:
 2917         400.914 Rules establishing standards.—
 2918         (1) Pursuant to the intention of the Legislature to provide
 2919  safe and sanitary facilities and healthful programs, the agency
 2920  in conjunction with the Division of Children’s Medical Services
 2921  Prevention and Intervention of the Department of Health shall
 2922  adopt and publish rules to implement the provisions of this part
 2923  and part II of chapter 408, which shall include reasonable and
 2924  fair standards. Any conflict between these standards and those
 2925  that may be set forth in local, county, or city ordinances shall
 2926  be resolved in favor of those having statewide effect. Such
 2927  standards shall relate to:
 2928         (a) The assurance that PPEC services are family centered
 2929  and provide individualized medical, developmental, and family
 2930  training services.
 2931         (b) The maintenance of PPEC centers, not in conflict with
 2932  the provisions of chapter 553 and based upon the size of the
 2933  structure and number of children, relating to plumbing, heating,
 2934  lighting, ventilation, and other building conditions, including
 2935  adequate space, which will ensure the health, safety, comfort,
 2936  and protection from fire of the children served.
 2937         (c) The appropriate provisions of the most recent edition
 2938  of the “Life Safety Code” (NFPA-101) shall be applied.
 2939         (d) The number and qualifications of all personnel who have
 2940  responsibility for the care of the children served.
 2941         (e) All sanitary conditions within the PPEC center and its
 2942  surroundings, including water supply, sewage disposal, food
 2943  handling, and general hygiene, and maintenance thereof, which
 2944  will ensure the health and comfort of children served.
 2945         (f) Programs and basic services promoting and maintaining
 2946  the health and development of the children served and meeting
 2947  the training needs of the children’s legal guardians.
 2948         (g) Supportive, contracted, other operational, and
 2949  transportation services.
 2950         (h) Maintenance of appropriate medical records, data, and
 2951  information relative to the children and programs. Such records
 2952  shall be maintained in the facility for inspection by the
 2953  agency.
 2954         Section 90. Paragraph (f) of subsection (8) of section
 2955  411.203, Florida Statutes, is amended to read:
 2956         411.203 Continuum of comprehensive services.—The Department
 2957  of Education and the Department of Health and Rehabilitative
 2958  Services shall utilize the continuum of prevention and early
 2959  assistance services for high-risk pregnant women and for high
 2960  risk and handicapped children and their families, as outlined in
 2961  this section, as a basis for the intraagency and interagency
 2962  program coordination, monitoring, and analysis required in this
 2963  chapter. The continuum shall be the guide for the comprehensive
 2964  statewide approach for services for high-risk pregnant women and
 2965  for high-risk and handicapped children and their families, and
 2966  may be expanded or reduced as necessary for the enhancement of
 2967  those services. Expansion or reduction of the continuum shall be
 2968  determined by intraagency or interagency findings and agreement,
 2969  whichever is applicable. Implementation of the continuum shall
 2970  be based upon applicable eligibility criteria, availability of
 2971  resources, and interagency prioritization when programs impact
 2972  both agencies, or upon single agency prioritization when
 2973  programs impact only one agency. The continuum shall include,
 2974  but not be limited to:
 2977         (f) Parent support groups, such as the community resource
 2978  mother or father program as established in s. 402.45, or parents
 2979  as first teachers, to strengthen families and to enable families
 2980  of high-risk children to better meet their needs.
 2981         Section 91. Paragraph (d) of subsection (11) of section
 2982  409.256, Florida Statutes, is amended to read:
 2983         409.256 Administrative proceeding to establish paternity or
 2984  paternity and child support; order to appear for genetic
 2985  testing.—
 2989         (d) Upon rendering a final order of paternity or a final
 2990  order of paternity and child support, the department shall
 2991  notify the Office Division of Vital Statistics of the Department
 2992  of Health that the paternity of the child has been established.
 2993         Section 92. Section 458.346, Florida Statutes, is repealed.
 2994         Section 93. Subsection (3) of section 462.19, Florida
 2995  Statutes, is renumbered as subsection (2), and present
 2996  subsection (2) of that section is amended to read:
 2997         462.19 Renewal of license; inactive status.—
 2998         (2) The department shall adopt rules establishing a
 2999  procedure for the biennial renewal of licenses.
 3000         Section 94. Subsection (6) of section 464.019, Florida
 3001  Statutes, is amended to read:
 3002         464.019 Approval of nursing education programs.—
 3003         (6) ACCOUNTABILITY.—
 3004         (a)1. An approved program must achieve a graduate passage
 3005  rate that is not lower than 10 percentage points less than the
 3006  average passage rate for graduates of comparable degree programs
 3007  who are United States educated first-time test takers on the
 3008  National Council of State Boards of Nursing Licensing
 3009  Examination during a calendar year, as calculated by the
 3010  contract testing service of the National Council of State Boards
 3011  of Nursing. For purposes of this subparagraph, an approved
 3012  program is comparable to all degree programs of the same program
 3013  type from among the following program types:
 3014         a. Professional nursing education programs that terminate
 3015  in a bachelor’s degree.
 3016         b. Professional nursing education programs that terminate
 3017  in an associate degree.
 3018         c. Professional nursing education programs that terminate
 3019  in a diploma.
 3020         d. Practical nursing education programs.
 3021         2. Beginning with graduate passage rates for calendar year
 3022  2010, if an approved program’s graduate passage rates do not
 3023  equal or exceed the required passage rates for 2 consecutive
 3024  calendar years, the board shall place the program on
 3025  probationary status pursuant to chapter 120 and the program
 3026  director must appear before the board to present a plan for
 3027  remediation. The program shall remain on probationary status
 3028  until it achieves a graduate passage rate that equals or exceeds
 3029  the required passage rate for any 1 calendar year. The board
 3030  shall deny a program application for a new prelicensure nursing
 3031  education program submitted by an educational institution if the
 3032  institution has an existing program that is already on
 3033  probationary status.
 3034         3. Upon the program’s achievement of a graduate passage
 3035  rate that equals or exceeds the required passage rate, the
 3036  board, at its next regularly scheduled meeting following release
 3037  of the program’s graduate passage rate by the National Council
 3038  of State Boards of Nursing, shall remove the program’s
 3039  probationary status. However, if the program, during the 2
 3040  calendar years following its placement on probationary status,
 3041  does not achieve the required passage rate for any 1 calendar
 3042  year, the board shall terminate the program pursuant to chapter
 3043  120.
 3044         (b) If an approved program fails to submit the annual
 3045  report required in subsection (4), the board shall notify the
 3046  program director and president or chief executive officer of the
 3047  educational institution in writing within 15 days after the due
 3048  date of the annual report. The program director must appear
 3049  before the board at the board’s next regularly scheduled meeting
 3050  to explain the reason for the delay. The board shall terminate
 3051  the program pursuant to chapter 120 if it does not submit the
 3052  annual report within 6 months after the due date.
 3053         (c) An approved program on probationary status shall
 3054  disclose its probationary status in writing to the program’s
 3055  students and applicants.
 3056         Section 95. Section 464.0197, Florida Statutes, is
 3057  repealed.
 3058         Section 96. Subsection (1) of section 464.203, Florida
 3059  Statutes, is amended to read:
 3060         464.203 Certified nursing assistants; certification
 3061  requirement.—
 3062         (1) The board shall issue a certificate to practice as a
 3063  certified nursing assistant to any person who demonstrates a
 3064  minimum competency to read and write and successfully passes the
 3065  required background screening pursuant to s. 400.215 and meets
 3066  one of the following requirements:
 3067         (a) Has successfully completed an approved training program
 3068  and achieved a minimum score, established by rule of the board,
 3069  on the nursing assistant competency examination, which consists
 3070  of a written portion and skills-demonstration portion approved
 3071  by the board and administered at a site and by personnel
 3072  approved by the department.
 3073         (b) Has achieved a minimum score, established by rule of
 3074  the board, on the nursing assistant competency examination,
 3075  which consists of a written portion and skills-demonstration
 3076  portion, approved by the board and administered at a site and by
 3077  personnel approved by the department and:
 3078         1. Has a high school diploma, or its equivalent; or
 3079         2. Is at least 18 years of age.
 3080         (c) Is currently certified in another state; is listed on
 3081  that state’s certified nursing assistant registry; and has not
 3082  been found to have committed abuse, neglect, or exploitation in
 3083  that state.
 3084         (d) Has completed the curriculum developed under the
 3085  Enterprise Florida Jobs and Education Partnership Grant by the
 3086  Department of Education and achieved a minimum score,
 3087  established by rule of the board, on the nursing assistant
 3088  competency examination, which consists of a written portion and
 3089  skills-demonstration portion, approved by the board and
 3090  administered at a site and by personnel approved by the
 3091  department.
 3092         Section 97. Subsection (4) of section 464.208, Florida
 3093  Statutes, is amended to read:
 3094         464.208 Background screening information; rulemaking
 3095  authority.—
 3096         (4) The board shall adopt rules to administer this part.
 3097         Section 98. Section 466.00775, Florida Statutes, is
 3098  repealed.
 3099         Section 99. Subsection (4) of section 514.011, Florida
 3100  Statutes, is amended to read:
 3101         514.011 Definitions.—As used in this chapter:
 3102         (4) “Public bathing place” means a body of water, natural
 3103  or modified by humans, for swimming, diving, and recreational
 3104  bathing, together with adjacent shoreline or land area,
 3105  buildings, equipment, and appurtenances pertaining thereto, used
 3106  by consent of the owner or owners and held out to the public by
 3107  any person or public body, irrespective of whether a fee is
 3108  charged for the use thereof. The bathing water areas of public
 3109  bathing places include, but are not limited to, lakes, ponds,
 3110  rivers, streams, artificial impoundments, and waters along the
 3111  coastal and intracoastal beaches and shores of the state.
 3112         Section 100. Section 514.021, Florida Statutes, is amended
 3113  to read:
 3114         514.021 Department authorization.—
 3115         (1) The department may adopt and enforce rules, which may
 3116  include definitions of terms, to protect the health, safety, or
 3117  welfare of persons by setting sanitation and safety standards
 3118  for using public swimming pools and public bathing places. The
 3119  department shall review and revise such rules as necessary, but
 3120  not less than biennially. Sanitation and safety standards shall
 3121  include, but not be limited to, matters relating to structure;
 3122  appurtenances; operation; source of water supply;
 3123  microbiological bacteriological, chemical, and physical quality
 3124  of water in the pool or bathing area; method of water
 3125  purification, treatment, and disinfection; lifesaving apparatus;
 3126  and measures to ensure safety of bathers; and measures to ensure
 3127  the personal cleanliness of bathers.
 3128         (2) The department may not establish by rule any regulation
 3129  governing the design, alteration, modification, or repair of
 3130  public swimming pools and bathing places which has no impact on
 3131  sanitation and safety the health, safety, and welfare of persons
 3132  using public swimming pools and bathing places. Further, the
 3133  department may not adopt by rule any regulation governing the
 3134  construction, erection, or demolition of public swimming pools
 3135  and bathing places. It is the intent of the Legislature to
 3136  preempt those functions to the Florida Building Commission
 3137  through adoption and maintenance of the Florida Building Code.
 3138  The department shall provide technical assistance to the
 3139  commission in updating the construction standards of the Florida
 3140  Building Code which govern public swimming pools and bathing
 3141  places. Further, the department is authorized to conduct plan
 3142  reviews, to issue approvals, and to enforce the special
 3143  occupancy provisions of the Florida Building Code which apply to
 3144  public swimming pools and bathing places in conducting any
 3145  inspections authorized by this chapter. This subsection does not
 3146  abrogate the authority of the department to adopt and enforce
 3147  appropriate sanitary regulations and requirements as authorized
 3148  in subsection (1).
 3149         Section 101. Section 514.023, Florida Statutes, is amended
 3150  to read:
 3151         514.023 Sampling of beach waters and public bathing places;
 3152  health advisories.—
 3153         (1) As used in this section, the term “beach waters” means
 3154  the waters along the coastal and intracoastal beaches and shores
 3155  of the state, and includes salt water and brackish water.
 3156         (2) The department may adopt and enforce rules to protect
 3157  the health, safety, and welfare of persons using the beach
 3158  waters and public bathing places of the state. The rules must
 3159  establish health standards and prescribe procedures and
 3160  timeframes for bacteriological sampling of beach waters and
 3161  public bathing places.
 3162         (3) The department may issue health advisories if the
 3163  quality of beach waters or a public bathing place fails to meet
 3164  standards established by the department. The issuance of health
 3165  advisories related to the results of bacteriological sampling of
 3166  beach waters is preempted to the state.
 3167         (4) When the department issues a health advisory against
 3168  swimming in beach waters or a public bathing place on the basis
 3169  of finding elevated levels of fecal coliform, Escherichia coli,
 3170  or enterococci bacteria in a water sample, the department shall
 3171  concurrently notify the municipality or county in which the
 3172  affected beach waters are located, whichever has jurisdiction,
 3173  and the local office of the Department of Environmental
 3174  Protection, of the advisory. The local office of the Department
 3175  of Environmental Protection shall promptly investigate
 3176  wastewater treatment facilities within 1 mile of the affected
 3177  beach waters or public bathing place to determine if a facility
 3178  experienced an incident that may have contributed to the
 3179  contamination and provide the results of the investigation in
 3180  writing or by electronic means to the municipality or county, as
 3181  applicable.
 3182         (5) Contingent upon legislative appropriation to the
 3183  department in the amount of $600,000 nonrecurring, the
 3184  department will perform a 3-year study to determine the water
 3185  quality at beaches throughout the state. The study will be
 3186  performed in all counties that have public-access saltwater and
 3187  brackish water beaches.
 3188         Section 102. Section 514.025, Florida Statutes, is amended
 3189  to read:
 3190         514.025 Assignment of authority to county health
 3191  departments.—
 3192         (1) The department shall assign to county health
 3193  departments that are staffed with qualified engineering
 3194  personnel shall perform the functions of reviewing applications
 3195  and plans for the construction, development, or modification of
 3196  public swimming pools or bathing places; of conducting
 3197  inspections for and issuance of initial operating permits; and
 3198  of issuing all permits. If the county health department
 3199  determines that qualified staff are not available is not
 3200  assigned the functions of application and plan review and the
 3201  issuance of initial operating permits, the department shall be
 3202  responsible for such functions. The department shall make the
 3203  determination concerning the qualifications of county health
 3204  department personnel to perform these functions and may make and
 3205  enforce such rules pertaining thereto as it shall deem proper.
 3206         (2) After the initial operating permit is issued, the
 3207  County health departments are responsible shall assume full
 3208  responsibility for routine surveillance of water quality in all
 3209  public swimming pools and bathing places, including
 3210  responsibility for a minimum of two routine inspections
 3211  annually, complaint investigations, enforcement procedures, and
 3212  reissuance of operating permits, and renewal of operating
 3213  permits.
 3214         (3) The department may assign the responsibilities and
 3215  functions specified in this section to any multicounty
 3216  independent special district created by the Legislature to
 3217  perform multiple functions, to include municipal services and
 3218  improvements, to the same extent and under the same conditions
 3219  as provided in subsections (1) and (2), upon request of the
 3220  special district.
 3221         Section 103. Section 514.03, Florida Statutes, is amended
 3222  to read:
 3223         514.03 Construction plans Approval necessary to construct,
 3224  develop, or modify public swimming pools or public bathing
 3225  places.—It is unlawful for any person or public body to
 3226  construct, develop, or modify any public swimming pool or
 3227  bathing place, other than coastal or intracoastal beaches,
 3228  without a valid construction plans approval from the department.
 3229  This section does not preempt the authority of Local governments
 3230  or local enforcement districts may determine to conduct plan
 3231  reviews and inspections of public swimming pools and bathing
 3232  places for compliance with the general construction standards of
 3233  the Florida Building Code, pursuant to s. 553.80. Local
 3234  governments or local enforcement districts may conduct plan
 3235  reviews and inspections of public swimming pools and public
 3236  bathing places for this purpose.
 3237         (1) Any person or public body desiring to construct,
 3238  develop, or modify any public swimming pool or bathing place
 3239  shall file an application for a construction plans approval with
 3240  the department on application forms provided by the department
 3241  and shall accompany such application with:
 3242         (a) Engineering drawings, specifications, descriptions, and
 3243  detailed maps of the structure, its appurtenances, and its
 3244  intended operation.
 3245         (b) A description of the source or sources of water supply
 3246  and amount and quality of water available and intended to be
 3247  used.
 3248         (c) A description of the method and manner of water
 3249  purification, treatment, disinfection, and heating.
 3250         (d) Other applicable information deemed necessary by the
 3251  department to fulfill the requirements of this chapter.
 3252         (2) If the proposed construction of, development of, or
 3253  modification of a public swimming pool or bathing place meets
 3254  standards of public health and safety as defined in this chapter
 3255  and rules adopted hereunder, the department shall grant the
 3256  application for the construction plans approval within 30 days
 3257  after receipt of a complete submittal. If engineering plans
 3258  submitted are in substantial compliance with the standards
 3259  aforementioned, the department may approve the plans with
 3260  provisions for corrective action to be completed prior to
 3261  issuance of the operating permit.
 3262         (3) If the proposed construction, development, or
 3263  modification of a public swimming pool or bathing place fails to
 3264  meet standards of public health and safety as defined in this
 3265  chapter and rules adopted hereunder, the department shall deny
 3266  the application for construction plans approval pursuant to the
 3267  provisions of chapter 120. Such denial shall be issued in
 3268  writing within 30 days and shall list the circumstances for
 3269  denial. Upon correction of such circumstances, an applicant
 3270  previously denied permission to construct, develop, or modify a
 3271  public swimming pool or bathing place may reapply for
 3272  construction plans approval.
 3273         (4) An approval of construction plans issued by the
 3274  department under this section becomes void 1 year after the date
 3275  the approval was issued if the construction is not commenced
 3276  within 1 year after the date of issuance.
 3277         Section 104. Section 514.031, Florida Statutes, is amended
 3278  to read:
 3279         514.031 Permit necessary to operate public swimming pool or
 3280  bathing place.—
 3281         (1) It is unlawful for any person or public body to operate
 3282  or continue to operate any public swimming pool or bathing place
 3283  without a valid permit from the department, such permit to be
 3284  obtained in the following manner:
 3285         (a) Any person or public body desiring to operate any
 3286  public swimming pool or bathing place shall file an application
 3287  for a permit with the department, on application forms provided
 3288  by the department, and shall accompany such application with:
 3289         1. Descriptions of the structure, its appurtenances, and
 3290  its operation.
 3291         1.2. Description of the source or sources of water supply,
 3292  and the amount and quality of water available and intended to be
 3293  used.
 3294         2.3. Method and manner of water purification, treatment,
 3295  disinfection, and heating.
 3296         3.4. Safety equipment and standards to be used.
 3297         5. Measures to ensure personal cleanliness of bathers.
 3298         4.6. Any other pertinent information deemed necessary by
 3299  the department to fulfill the requirements of this chapter.
 3300         (b) If the department determines that the public swimming
 3301  pool or bathing place is or may reasonably be expected to be
 3302  operated in compliance with this chapter and the rules adopted
 3303  hereunder, the department shall grant the application for
 3304  permit.
 3305         (c) If the department determines that the public swimming
 3306  pool or bathing place does not meet the provisions outlined in
 3307  this chapter or the rules adopted hereunder, the department
 3308  shall deny the application for a permit pursuant to the
 3309  provisions of chapter 120. Such denial shall be in writing and
 3310  shall list the circumstances for the denial. Upon correction of
 3311  such circumstances, an applicant previously denied permission to
 3312  operate a public swimming pool or bathing place may reapply for
 3313  a permit.
 3314         (2) Operating permits shall not be required for coastal or
 3315  intracoastal beaches.
 3316         (3) Operating permits may be transferred shall not be
 3317  transferable from one name or owner to another. When the
 3318  ownership or name of an existing public swimming pool or bathing
 3319  place is changed and such establishment is operating at the time
 3320  of the change with a valid permit from the department, the new
 3321  owner of the establishment shall apply to the department, upon
 3322  forms provided by the department, within 30 days after such a
 3323  change, for a reissuance of the existing permit.
 3324         (4) Each such operating permit shall be renewed annually
 3325  and the permit must be posted in a conspicuous place.
 3326         (5) An owner or operator of a public swimming pool,
 3327  including, but not limited to, a spa, wading, or special purpose
 3328  pool, to which admittance is obtained by membership for a fee
 3329  shall post in a prominent location within the facility the most
 3330  recent pool inspection report issued by the department
 3331  pertaining to the health and safety conditions of such facility.
 3332  The report shall be legible and readily accessible to members or
 3333  potential members. The department shall adopt rules to enforce
 3334  this subsection. A portable pool may not be used as a public
 3335  pool.
 3336         Section 105. Section 514.033, Florida Statutes, is amended
 3337  to read:
 3338         514.033 Creation of fee schedules authorized.—
 3339         (1) The department is authorized to establish a schedule of
 3340  fees to be charged by the department or by any authorized county
 3341  health department as detailed in s. 514.025 for the review of
 3342  applications and plans to construct, develop, or modify a public
 3343  swimming pool or bathing place, for the issuance of permits to
 3344  operate such establishments, and for the review of variance
 3345  applications for public swimming pools and bathing places. Fees
 3346  assessed under this chapter shall be in an amount sufficient to
 3347  meet the cost of carrying out the provisions of this chapter.
 3348         (2) The fee schedule shall be: for original construction or
 3349  development plan approval, not less than $275 and not more than
 3350  $500; for modification of original construction, not less than
 3351  $100 and not more than $150; for an initial operating permit,
 3352  not less than $125 and not more than $250; and for review of
 3353  variance applications, not less than $240 and not more than
 3354  $400. The department shall assess the minimum fees provided in
 3355  this subsection until a fee schedule is promulgated by rule of
 3356  the department.
 3357         (3) Fees shall be Any person or public body operating a
 3358  public swimming pool or bathing place shall pay to the
 3359  department an annual operating permit fee based on pool or
 3360  bathing place aggregate gallonage, which shall be: up to and
 3361  including 25,000 gallons, not less than $75 and not more than
 3362  $125; and in excess of 25,000 gallons, not less than $160 and
 3363  not more than $265, except for a pool inspected pursuant to s.
 3364  514.0115(2)(b) for which the annual fee shall be $50.
 3365         (4) Fees collected by the department in accordance with
 3366  this chapter shall be deposited into the Grants and Donations
 3367  Trust Fund or Public Swimming Pool and Bathing Place Trust Fund
 3368  for the payment of costs incurred in the administration of this
 3369  chapter. Fees collected by county health departments performing
 3370  functions pursuant to s. 514.025 shall be deposited into the
 3371  County Health Department Trust Fund. Any fee collected under
 3372  this chapter is nonrefundable.
 3373         (5) The department may not charge any fees for services
 3374  provided under this chapter other than those fees authorized in
 3375  this section. However, the department shall prorate the initial
 3376  annual fee for an operating permit on a half-year basis.
 3377         Section 106. Subsections (4) and (5) of section 514.05,
 3378  Florida Statutes, are amended to read:
 3379         514.05 Denial, suspension, or revocation of permit;
 3380  administrative fines.—
 3381         (4) All amounts collected pursuant to this section shall be
 3382  deposited into the Grants and Donations Trust Fund Public
 3383  Swimming Pool and Bathing Place Trust Fund or into the County
 3384  Health Department Trust Fund, whichever is applicable.
 3385         (5) Under conditions specified by rule, the department may
 3386  close a public pool that is not in compliance with this chapter
 3387  or the rules adopted under this chapter.
 3388         Section 107. Section 514.06, Florida Statutes, is amended
 3389  to read:
 3390         514.06 Injunction to restrain violations.—Any public
 3391  swimming pool or public bathing place presenting a significant
 3392  risk to public health by failing to meet the water quality and
 3393  safety standards established pursuant to constructed, developed,
 3394  operated, or maintained contrary to the provisions of this
 3395  chapter is declared to be a public nuisance, dangerous to health
 3396  or safety. Such nuisances may be abated or enjoined in an action
 3397  brought by the county health department or the department.
 3398         Section 108. Subsections (1) and (2) of section 633.115,
 3399  Florida Statutes, are amended to read:
 3400         633.115 Fire and Emergency Incident Information Reporting
 3401  Program; duties; fire reports.—
 3402         (1)(a) The Fire and Emergency Incident Information
 3403  Reporting Program is created within the Division of State Fire
 3404  Marshal. The program shall:
 3405         1. Establish and maintain an electronic communication
 3406  system capable of transmitting fire and emergency incident
 3407  information to and between fire protection agencies.
 3408         2. Initiate a Fire and Emergency Incident Information
 3409  Reporting System that shall be responsible for:
 3410         a. Receiving fire and emergency incident information from
 3411  fire protection agencies.
 3412         b. Preparing and disseminating annual reports to the
 3413  Governor, the President of the Senate, the Speaker of the House
 3414  of Representatives, fire protection agencies, and, upon request,
 3415  the public. Each report shall include, but not be limited to,
 3416  the information listed in the National Fire Incident Reporting
 3417  System.
 3418         c. Upon request, providing other states and federal
 3419  agencies with fire and emergency incident data of this state.
 3420         3. Adopt rules to effectively and efficiently implement,
 3421  administer, manage, maintain, and use the Fire and Emergency
 3422  Incident Information Reporting Program. The rules shall be
 3423  considered minimum requirements and shall not preclude a fire
 3424  protection agency from implementing its own requirements which
 3425  shall not conflict with the rules of the Division of State Fire
 3426  Marshal.
 3427         4. By rule, establish procedures and a format for each fire
 3428  protection agency to voluntarily monitor its records and submit
 3429  reports to the program.
 3430         5. Establish an electronic information database which is
 3431  accessible and searchable by fire protection agencies.
 3432         (b) The Division of State Fire Marshal shall consult with
 3433  the Division of Forestry of the Department of Agriculture and
 3434  Consumer Services and the Division Bureau of Emergency
 3435  Preparedness and Community Support Medical Services of the
 3436  Department of Health to coordinate data, ensure accuracy of the
 3437  data, and limit duplication of efforts in data collection,
 3438  analysis, and reporting.
 3439         (2) The Fire and Emergency Incident Information System
 3440  Technical Advisory Panel is created within the Division of State
 3441  Fire Marshal. The panel shall advise, review, and recommend to
 3442  the State Fire Marshal with respect to the requirements of this
 3443  section. The membership of the panel shall consist of the
 3444  following 15 members:
 3445         (a) The current 13 members of the Firefighters Employment,
 3446  Standards, and Training Council as established in s. 633.31.
 3447         (b) One member from the Division of Forestry of the
 3448  Department of Agriculture and Consumer Services, appointed by
 3449  the division director.
 3450         (c) One member from the Division Bureau of Emergency
 3451  Preparedness and Community Support Medical Services of the
 3452  Department of Health, appointed by the division director bureau
 3453  chief.
 3454         Section 109. Subsections (4), (5), (6), (8), (9), (10),
 3455  (11), and (12) of section 1009.66, Florida Statutes, are amended
 3456  to read:
 3457         1009.66 Nursing Student Loan Forgiveness Program.—
 3458         (4) From the funds available, the Department of Education
 3459  Health may make loan principal repayments of up to $4,000 a year
 3460  for up to 4 years on behalf of selected graduates of an
 3461  accredited or approved nursing program. All repayments shall be
 3462  contingent upon continued proof of employment in the designated
 3463  facilities in this state and shall be made directly to the
 3464  holder of the loan. The state shall bear no responsibility for
 3465  the collection of any interest charges or other remaining
 3466  balance. In the event that the designated facilities are
 3467  changed, a nurse shall continue to be eligible for loan
 3468  forgiveness as long as he or she continues to work in the
 3469  facility for which the original loan repayment was made and
 3470  otherwise meets all conditions of eligibility.
 3471         (5) There is created the Nursing Student Loan Forgiveness
 3472  Trust Fund to be administered by the Department of Education
 3473  Health pursuant to this section and s. 1009.67 and department
 3474  rules. The Chief Financial Officer shall authorize expenditures
 3475  from the trust fund upon receipt of vouchers approved by the
 3476  Department of Education Health. All moneys collected from the
 3477  private health care industry and other private sources for the
 3478  purposes of this section shall be deposited into the Nursing
 3479  Student Loan Forgiveness Trust Fund. Any balance in the trust
 3480  fund at the end of any fiscal year shall remain therein and
 3481  shall be available for carrying out the purposes of this section
 3482  and s. 1009.67.
 3483         (6) In addition to licensing fees imposed under part I of
 3484  chapter 464, there is hereby levied and imposed an additional
 3485  fee of $5, which fee shall be paid upon licensure or renewal of
 3486  nursing licensure. Revenues collected from the fee imposed in
 3487  this subsection shall be deposited in the Nursing Student Loan
 3488  Forgiveness Trust Fund of the Department of Education Health and
 3489  will be used solely for the purpose of carrying out the
 3490  provisions of this section and s. 1009.67. Up to 50 percent of
 3491  the revenues appropriated to implement this subsection may be
 3492  used for the nursing scholarship program established pursuant to
 3493  s. 1009.67.
 3494         (8) The Department of Health may solicit technical
 3495  assistance relating to the conduct of this program from the
 3496  Department of Education.
 3497         (8)(9) The Department of Education Health is authorized to
 3498  recover from the Nursing Student Loan Forgiveness Trust Fund its
 3499  costs for administering the Nursing Student Loan Forgiveness
 3500  Program.
 3501         (9)(10) The Department of Education Health may adopt rules
 3502  necessary to administer this program.
 3503         (10)(11) This section shall be implemented only as
 3504  specifically funded.
 3505         (11)(12) Students receiving a nursing scholarship pursuant
 3506  to s. 1009.67 are not eligible to participate in the Nursing
 3507  Student Loan Forgiveness Program.
 3508         Section 110. Section 1009.67, Florida Statutes, is amended
 3509  to read:
 3510         1009.67 Nursing scholarship program.—
 3511         (1) There is established within the Department of Education
 3512  Health a scholarship program for the purpose of attracting
 3513  capable and promising students to the nursing profession.
 3514         (2) A scholarship applicant shall be enrolled in an
 3515  approved nursing program leading to the award of an associate
 3516  degree, a baccalaureate degree, or a graduate degree in nursing.
 3517         (3) A scholarship may be awarded for no more than 2 years,
 3518  in an amount not to exceed $8,000 per year. However, registered
 3519  nurses pursuing a graduate degree for a faculty position or to
 3520  practice as an advanced registered nurse practitioner may
 3521  receive up to $12,000 per year. These amounts shall be adjusted
 3522  by the amount of increase or decrease in the consumer price
 3523  index for urban consumers published by the United States
 3524  Department of Commerce.
 3525         (4) Credit for repayment of a scholarship shall be as
 3526  follows:
 3527         (a) For each full year of scholarship assistance, the
 3528  recipient agrees to work for 12 months in a faculty position in
 3529  a college of nursing or Florida College System institution
 3530  nursing program in this state or at a health care facility in a
 3531  medically underserved area as designated approved by the
 3532  Department of Health. Scholarship recipients who attend school
 3533  on a part-time basis shall have their employment service
 3534  obligation prorated in proportion to the amount of scholarship
 3535  payments received.
 3536         (b) Eligible health care facilities include nursing homes
 3537  and hospitals in this state, state-operated medical or health
 3538  care facilities, public schools, county health departments,
 3539  federally sponsored community health centers, colleges of
 3540  nursing in universities in this state, and Florida College
 3541  System institution nursing programs in this state, family
 3542  practice teaching hospitals as defined in s. 395.805, or
 3543  specialty children’s hospitals as described in s. 409.9119. The
 3544  recipient shall be encouraged to complete the service obligation
 3545  at a single employment site. If continuous employment at the
 3546  same site is not feasible, the recipient may apply to the
 3547  department for a transfer to another approved health care
 3548  facility.
 3549         (c) Any recipient who does not complete an appropriate
 3550  program of studies, who does not become licensed, who does not
 3551  accept employment as a nurse at an approved health care
 3552  facility, or who does not complete 12 months of approved
 3553  employment for each year of scholarship assistance received
 3554  shall repay to the Department of Education Health, on a schedule
 3555  to be determined by the department, the entire amount of the
 3556  scholarship plus 18 percent interest accruing from the date of
 3557  the scholarship payment. Moneys repaid shall be deposited into
 3558  the Nursing Student Loan Forgiveness Trust Fund established in
 3559  s. 1009.66. However, the department may provide additional time
 3560  for repayment if the department finds that circumstances beyond
 3561  the control of the recipient caused or contributed to the
 3562  default.
 3563         (5) Scholarship payments shall be transmitted to the
 3564  recipient upon receipt of documentation that the recipient is
 3565  enrolled in an approved nursing program. The Department of
 3566  Education Health shall develop a formula to prorate payments to
 3567  scholarship recipients so as not to exceed the maximum amount
 3568  per academic year.
 3569         (6) The Department of Education Health shall adopt rules,
 3570  including rules to address extraordinary circumstances that may
 3571  cause a recipient to default on either the school enrollment or
 3572  employment contractual agreement, to implement this section.
 3573         (7) The Department of Education Health may recover from the
 3574  Nursing Student Loan Forgiveness Trust Fund its costs for
 3575  administering the nursing scholarship program.
 3576         Section 111. Department of Health; type two transfer.—
 3577         (1) All powers, duties, functions, records, offices,
 3578  personnel, associated administrative support positions,
 3579  property, pending issues, existing contracts, administrative
 3580  authority, administrative rules, and unexpended balances of
 3581  appropriations, allocations, and other funds relating to the
 3582  Nursing Student Loan Forgiveness Program and the nursing
 3583  scholarship program in the Department of Health are transferred
 3584  by a type two transfer, as defined in s. 20.06(2), Florida
 3585  Statutes, to the Department of Education.
 3586         (2) The Nursing Student Loan Forgiveness Trust Fund is
 3587  transferred from the Department of Health to the Department of
 3588  Education.
 3589         (3) Any binding contract or interagency agreement related
 3590  to the Nursing Student Loan Forgiveness Program existing before
 3591  July 1, 2012, between the Department of Health, or an entity or
 3592  agent of the agency, and any other agency, entity, or person
 3593  shall continue as a binding contract or agreement for the
 3594  remainder of the term of such contract or agreement on the
 3595  successor department, agency, or entity responsible for the
 3596  program, activity, or functions relative to the contract or
 3597  agreement.
 3598         (4) Notwithstanding s. 216.292 and pursuant to s. 216.351,
 3599  Florida Statutes, upon approval by the Legislative Budget
 3600  Commission, the Executive Office of the Governor may transfer
 3601  funds and positions between agencies to implement this act.
 3602         (5) The transfer of any program, activity, duty, or
 3603  function under this act includes the transfer of any records and
 3604  unexpended balances of appropriations, allocations, or other
 3605  funds related to such program, activity, duty, or function.
 3606  Unless otherwise provided, the successor organization to any
 3607  program, activity, duty, or function transferred under this act
 3608  shall become the custodian of any property of the organization
 3609  that was responsible for the program, activity, duty, or
 3610  function immediately before the transfer.
 3611         Section 112. The Division of Medical Quality Assurance
 3612  shall develop a plan to improve the efficiency of its functions.
 3613  Specifically, the plan shall delineate methods to: reduce the
 3614  average length of time for a qualified applicant to receive
 3615  initial and renewal licensure, certification, or registration,
 3616  by one-third; improve the agenda process for board meetings to
 3617  increase transparency, timeliness, and usefulness for board
 3618  decisionmaking; and improve the cost-effectiveness and
 3619  efficiency of the joint functions of the division and the
 3620  regulatory boards. In developing the plan, the division shall
 3621  identify and analyze best practices found within the division
 3622  and other state agencies with similar functions, options for
 3623  information technology improvements, options for contracting
 3624  with outside entities, and any other option the division deems
 3625  useful. The division shall consult with and solicit
 3626  recommendations from the regulatory boards in developing the
 3627  plan. The division shall submit the plan to the Governor, the
 3628  Speaker of the House of Representatives, and the President of
 3629  the Senate by November 1, 2012. All executive branch agencies
 3630  are instructed, and all other state agencies are requested, to
 3631  assist the division in accomplishing its purposes under this
 3632  section.
 3633         Section 113. Paragraph (e) of subsection (2) of section
 3634  154.503, Florida Statutes, is amended to read:
 3635         154.503 Primary Care for Children and Families Challenge
 3636  Grant Program; creation; administration.—
 3637         (2) The department shall:
 3638         (e) Coordinate with the primary care program developed
 3639  pursuant to s. 154.011, the Florida Healthy Kids Corporation
 3640  program created in s. 624.91, the school health services program
 3641  created in ss. 381.0056 and 381.0057, the Healthy Communities,
 3642  Healthy People Program created in s. 381.734, and the volunteer
 3643  health care provider program developed pursuant to s. 766.1115.
 3644         Section 114. Subsection (1), paragraph (c) of subsection
 3645  (3), and subsection (9) of section 381.0041, Florida Statutes,
 3646  are amended to read:
 3647         381.0041 Donation and transfer of human tissue; testing
 3648  requirements.—
 3649         (1) Every donation of blood, plasma, organs, skin, or other
 3650  human tissue for transfusion or transplantation to another shall
 3651  be tested prior to transfusion or other use for human
 3652  immunodeficiency virus infection and other communicable diseases
 3653  specified by rule of the Department of Health. Tests for the
 3654  human immunodeficiency virus infection shall be performed only
 3655  after obtaining written, informed consent from the potential
 3656  donor or the donor’s legal representative. Such consent may be
 3657  given by a minor pursuant to s. 743.06. Obtaining consent shall
 3658  include a fair explanation of the procedures to be followed and
 3659  the meaning and use of the test results. Such explanation shall
 3660  include a description of the confidential nature of the test as
 3661  described in s. 381.004(2) 381.004(3). If consent for testing is
 3662  not given, then the person shall not be accepted as a donor
 3663  except as otherwise provided in subsection (3).
 3664         (3) No person shall collect any blood, organ, skin, or
 3665  other human tissue from one human being and hold it for, or
 3666  actually perform, any implantation, transplantation,
 3667  transfusion, grafting, or any other method of transfer to
 3668  another human being without first testing such tissue for the
 3669  human immunodeficiency virus and other communicable diseases
 3670  specified by rule of the Department of Health, or without
 3671  performing another process approved by rule of the Department of
 3672  Health capable of killing the causative agent of those diseases
 3673  specified by rule. Such testing shall not be required:
 3674         (c) When there is insufficient time to obtain the results
 3675  of a confirmatory test for any tissue or organ which is to be
 3676  transplanted, notwithstanding the provisions of s. 381.004(2)(d)
 3677  381.004(3)(d). In such circumstances, the results of preliminary
 3678  screening tests may be released to the potential recipient’s
 3679  treating physician for use in determining organ or tissue
 3680  suitability.
 3681         (9) All blood banks shall be governed by the
 3682  confidentiality provisions of s. 381.004(2) 381.004(3).
 3683         Section 115. Paragraph (b) of subsection (3) of section
 3684  384.25, Florida Statutes, is amended to read:
 3685         384.25 Reporting required.—
 3686         (3) To ensure the confidentiality of persons infected with
 3687  the human immunodeficiency virus (HIV), reporting of HIV
 3688  infection and AIDS must be conducted using a system developed by
 3689  the Centers for Disease Control and Prevention of the United
 3690  States Public Health Service or an equivalent system.
 3691         (b) The reporting may not affect or relate to anonymous HIV
 3692  testing programs conducted pursuant to s. 381.004(3) 381.004(4).
 3693         Section 116. Subsection (5) of section 392.56, Florida
 3694  Statutes, is amended to read:
 3695         392.56 Hospitalization, placement, and residential
 3696  isolation.—
 3697         (5) If the department petitions the circuit court to order
 3698  that a person who has active tuberculosis be hospitalized in a
 3699  facility operated under s. 392.62(2), the department shall
 3700  notify the facility of the potential court order.
 3701         Section 117. Subsection (2) of section 456.032, Florida
 3702  Statutes, is amended to read:
 3703         456.032 Hepatitis B or HIV carriers.—
 3704         (2) Any person licensed by the department and any other
 3705  person employed by a health care facility who contracts a blood
 3706  borne infection shall have a rebuttable presumption that the
 3707  illness was contracted in the course and scope of his or her
 3708  employment, provided that the person, as soon as practicable,
 3709  reports to the person’s supervisor or the facility’s risk
 3710  manager any significant exposure, as that term is defined in s.
 3711  381.004(1)(c) 381.004(2)(c), to blood or body fluids. The
 3712  employer may test the blood or body fluid to determine if it is
 3713  infected with the same disease contracted by the employee. The
 3714  employer may rebut the presumption by the preponderance of the
 3715  evidence. Except as expressly provided in this subsection, there
 3716  shall be no presumption that a blood-borne infection is a job
 3717  related injury or illness.
 3718         Section 118. Subsection (15) of section 499.003, Florida
 3719  Statutes, is amended to read:
 3720         499.003 Definitions of terms used in this part.—As used in
 3721  this part, the term:
 3722         (15) “Department” means the Department of Business and
 3723  Professional Regulation Department of Health.
 3724         Section 119. Subsection (2) of section 499.601, Florida
 3725  Statutes, is amended to read:
 3726         499.601 Legislative intent; construction.—
 3727         (2) The provisions of this part are cumulative and shall
 3728  not be construed as repealing or affecting any powers, duties,
 3729  or authority of the department of Health under any other law of
 3730  this state; except that, with respect to the regulation of ether
 3731  as herein provided, in instances in which the provisions of this
 3732  part may conflict with any other such law, the provisions of
 3733  this part shall control.
 3734         Section 120. Subsection (2) of section 499.61, Florida
 3735  Statutes, is amended to read:
 3736         499.61 Definitions.—As used in this part:
 3737         (2) “Department” means the Department of Business and
 3738  Professional Regulation Department of Health.
 3739         Section 121. Subsection (2) of section 513.10, Florida
 3740  Statutes, is amended to read:
 3741         513.10 Operating without permit; enforcement of chapter;
 3742  penalties.—
 3743         (2) This chapter or rules adopted under this chapter may be
 3744  enforced in the manner provided in s. 381.0012 and as provided
 3745  in this chapter. Violations of this chapter and the rules
 3746  adopted under this chapter are subject to the penalties provided
 3747  in this chapter and in s. ss. 381.0025 and 381.0061.
 3748         Section 122. Paragraph (b) of subsection (9) of section
 3749  768.28, Florida Statutes, is amended to read:
 3750         768.28 Waiver of sovereign immunity in tort actions;
 3751  recovery limits; limitation on attorney fees; statute of
 3752  limitations; exclusions; indemnification; risk management
 3753  programs.—
 3754         (9)
 3755         (b) As used in this subsection, the term:
 3756         1. “Employee” includes any volunteer firefighter.
 3757         2. “Officer, employee, or agent” includes, but is not
 3758  limited to, any health care provider when providing services
 3759  pursuant to s. 766.1115; any member of the Florida Health
 3760  Services Corps, as defined in s. 381.0302, who provides
 3761  uncompensated care to medically indigent persons referred by the
 3762  Department of Health; any nonprofit independent college or
 3763  university located and chartered in this state which owns or
 3764  operates an accredited medical school, and its employees or
 3765  agents, when providing patient services pursuant to paragraph
 3766  (10)(f); and any public defender or her or his employee or
 3767  agent, including, among others, an assistant public defender and
 3768  an investigator.
 3769         Section 123. Subsection (1) of section 775.0877, Florida
 3770  Statutes, is amended to read:
 3771         775.0877 Criminal transmission of HIV; procedures;
 3772  penalties.—
 3773         (1) In any case in which a person has been convicted of or
 3774  has pled nolo contendere or guilty to, regardless of whether
 3775  adjudication is withheld, any of the following offenses, or the
 3776  attempt thereof, which offense or attempted offense involves the
 3777  transmission of body fluids from one person to another:
 3778         (a) Section 794.011, relating to sexual battery;
 3779         (b) Section 826.04, relating to incest;
 3780         (c) Section 800.04, relating to lewd or lascivious offenses
 3781  committed upon or in the presence of persons less than 16 years
 3782  of age;
 3783         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
 3784  relating to assault;
 3785         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
 3786  relating to aggravated assault;
 3787         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
 3788  relating to battery;
 3789         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
 3790  relating to aggravated battery;
 3791         (h) Section 827.03(1), relating to child abuse;
 3792         (i) Section 827.03(2), relating to aggravated child abuse;
 3793         (j) Section 825.102(1), relating to abuse of an elderly
 3794  person or disabled adult;
 3795         (k) Section 825.102(2), relating to aggravated abuse of an
 3796  elderly person or disabled adult;
 3797         (l) Section 827.071, relating to sexual performance by
 3798  person less than 18 years of age;
 3799         (m) Sections 796.03, 796.07, and 796.08, relating to
 3800  prostitution; or
 3801         (n) Section 381.0041(11)(b), relating to donation of blood,
 3802  plasma, organs, skin, or other human tissue,
 3804  the court shall order the offender to undergo HIV testing, to be
 3805  performed under the direction of the Department of Health in
 3806  accordance with s. 381.004, unless the offender has undergone
 3807  HIV testing voluntarily or pursuant to procedures established in
 3808  s. 381.004(2)(h)6. 381.004(3)(h)6. or s. 951.27, or any other
 3809  applicable law or rule providing for HIV testing of criminal
 3810  offenders or inmates, subsequent to her or his arrest for an
 3811  offense enumerated in paragraphs (a)-(n) for which she or he was
 3812  convicted or to which she or he pled nolo contendere or guilty.
 3813  The results of an HIV test performed on an offender pursuant to
 3814  this subsection are not admissible in any criminal proceeding
 3815  arising out of the alleged offense.
 3816         Section 124. Except as otherwise expressly provided in this
 3817  act, this act shall take effect upon becoming a law.
 3819  ================= T I T L E  A M E N D M E N T ================
 3820         And the title is amended as follows:
 3821         Delete everything before the enacting clause
 3822  and insert:
 3823                        A bill to be entitled                      
 3824         An act relating to the Department of Health; amending
 3825         s. 20.43, F.S.; revising the purpose of the
 3826         department; revising duties of the State Surgeon
 3827         General; eliminating the Officer of Women’s Health
 3828         Strategy; revising divisions within the department;
 3829         amending s. 20.435, F.S.; eliminating the Florida
 3830         Drug, Device, and Cosmetic Trust Fund and the Nursing
 3831         Student Loan Forgiveness Trust Fund as trust funds
 3832         under the department; amending s. 154.05, F.S.;
 3833         providing that two or more counties may combine for
 3834         the operation of a county health department when such
 3835         counties establish an interlocal agreement; providing
 3836         criteria for such an agreement; specifying that an
 3837         interlocal agreement may only be terminated at the end
 3838         of a contract year; requiring the parties to give
 3839         written notice to the department no less than 90 days
 3840         before the termination; amending s. 215.5602, F.S.;
 3841         conforming references; amending s. 381.001, F.S.;
 3842         revising legislative intent; requiring the Department
 3843         of Health to be responsible for the state public
 3844         health system; requiring the department to provide
 3845         leadership for a partnership involving federal, state,
 3846         and local government and the private sector to
 3847         accomplish public health goals; amending s. 381.0011,
 3848         F.S.; revising duties and powers of the department;
 3849         repealing s. 381.0013, F.S., relating to the
 3850         department’s authority to exercise the power of
 3851         eminent domain; repealing s. 381.0014, F.S., relating
 3852         to department rules that superseded regulations and
 3853         ordinances enacted by other state departments, boards
 3854         or commissions, or municipalities; repealing s.
 3855         381.0015, F.S., relating to judicial presumptions
 3856         regarding the department’s authority to enforce public
 3857         health rules; amending s. 381.0016, F.S.; allowing a
 3858         county to enact health regulations and ordinances
 3859         consistent with state law; repealing s. 381.0017,
 3860         F.S., relating to the purchase, lease, and sale of
 3861         real property by the department; repealing s.
 3862         381.0025, F.S., relating to penalties; amending s.
 3863         381.003, F.S.; revising provisions relating to the
 3864         department’s responsibility for communicable disease
 3865         prevention and control programs; amending s. 381.0031,
 3866         F.S.; permitting the department to conduct studies
 3867         concerning epidemiology of diseases of public health
 3868         significance; specifying that the list of diseases of
 3869         public health significance is based on the
 3870         recommendations to be nationally notifiable by the
 3871         Council of State and Territorial Epidemiologists and
 3872         the Centers for Disease Control and Prevention;
 3873         authorizing the department to expand the list if a
 3874         disease emerges for which regular, frequent and timely
 3875         information regarding individual cases is considered
 3876         necessary for the prevention and control of a disease
 3877         specific to Florida; amending s. 381.00315, F.S.;
 3878         requiring the department to establish rules for
 3879         conditions and procedures for imposing and releasing a
 3880         quarantine; requiring specific provisions to be
 3881         included in rules; providing that the rules
 3882         established under this section supersede all rules
 3883         enacted by other state agencies, boards, or political
 3884         subdivisions; providing that a violation of the rules
 3885         established under the section, a quarantine, or
 3886         requirement adopted pursuant to a declared public
 3887         health emergency is a second-degree misdemeanor;
 3888         providing penalties; repealing s. 381.0032, F.S.,
 3889         relating to epidemiological research; repealing s.
 3890         381.00325, F.S., relating to the Hepatitis A awareness
 3891         program; amending s. 381.0034, F.S.; deleting an
 3892         obsolete qualifying date reference; repealing s.
 3893         381.0037, F.S., relating to legislative findings and
 3894         intent with respect to AIDS; amending s. 381.004,
 3895         F.S.; deleting legislative intent; conforming cross
 3896         references; amending 381.0046, F.S.; requiring the
 3897         department to establish dedicated HIV and AIDS
 3898         regional and statewide minority coordinators; deleting
 3899         the requirement that the statewide director report to
 3900         the chief of the Bureau of HIV and AIDS within the
 3901         department; amending s. 381.005, F.S.; deleting the
 3902         requirement that hospitals implement a plan to offer
 3903         immunizations for pneumococcal bacteria and influenza
 3904         virus to all patients 65 years of age or older;
 3905         amending s. 381.0051, F.S.; deleting legislative
 3906         intent for the Comprehensive Family Planning Act;
 3907         amending s. 381.0052, F.S., relating to the “Public
 3908         Health Dental Program Act”; repealing unused
 3909         department rulemaking authority; amending s. 381.0053,
 3910         F.S., relating to the comprehensive nutrition program;
 3911         repealing unused department rulemaking authority;
 3912         repealing s. 381.0054, F.S., relating to healthy
 3913         lifestyles promotion by the department; amending s.
 3914         381.0056, F.S., relating to the “School Health
 3915         Services Act”; deleting legislative findings; deleting
 3916         the requirement that school health programs funded by
 3917         health care districts or entities be supplementary to
 3918         and consistent with the act and other applicable
 3919         statutes; amending s. 381.0057, F.S., relating to
 3920         funding for school health services; deleting
 3921         legislative intent; amending s. 381.00591, F.S.;
 3922         permitting the department to apply for and become a
 3923         National Environmental Laboratory Accreditation
 3924         Program accreditation body; eliminating rulemaking
 3925         authority of the department to implement standards of
 3926         the National Environmental Laboratory Accreditation
 3927         Program; amending s. 381.00593, F.S.; removing unused
 3928         rulemaking authority relating to the public school
 3929         volunteer health care practitioner program; amending
 3930         s. 381.0062, F.S., relating to the “Comprehensive
 3931         Family Planning Act”; deleting legislative intent;
 3932         conforming a cross-reference; amending s. 381.0065,
 3933         F.S., relating to regulation of onsite sewage
 3934         treatment and disposal systems; deleting legislative
 3935         intent; conforming provisions to changes made by the
 3936         act; amending s. 381.0068, F.S.; deleting a date by
 3937         which a technical review and advisory panel must be
 3938         established within the department for assistance with
 3939         rule adoption; deleting the authority of the chair of
 3940         the panel to advise affected persons or the
 3941         Legislature of the panel’s position on legislation,
 3942         proposed state policy, or other issue; amending s.
 3943         381.0072, F.S.; revising the definition of the term
 3944         “food establishment” to include certain facilities
 3945         participating in the United States Department of
 3946         Agriculture Afterschool Meal Program; amending s.
 3947         381.00781, F.S.; eliminating authority of the
 3948         department to annually adjust maximum fees according
 3949         to the Consumer Price Index; amending s. 381.0086,
 3950         F.S.; revising department rulemaking authority
 3951         relating to migrant farmworkers and other migrant
 3952         labor camp or residential migrant housing occupants;
 3953         removing lighting and maintenance and operation of
 3954         roads from the list of health and safety standards to
 3955         be created by the department; conforming a cross
 3956         reference; amending s. 381.0098, F.S.; deleting
 3957         legislative intent with respect to standards for the
 3958         safe packaging, transport, storage, treatment, and
 3959         disposal of biomedical waste; conforming a cross
 3960         reference; amending s. 381.0101, F.S.; deleting
 3961         legislative intent regarding certification of
 3962         environmental health professionals; providing for the
 3963         Division Director for Emergency Preparedness and
 3964         Community Support to serve on an environmental health
 3965         professionals advisory board; conforming a cross
 3966         reference; amending s. 381.0203, F.S.; eliminating the
 3967         regulation of drugs, cosmetics, and household products
 3968         under ch. 499, F.S., from the pharmacy services
 3969         program; eliminating the contraception distribution
 3970         program at county health departments; amending s.
 3971         381.0261, F.S.; requiring the department, rather than
 3972         the Agency for Health Care Administration, to publish
 3973         a summary of the Florida Patient’s Bill of Rights and
 3974         Responsibilities on its Internet website; deleting the
 3975         requirement to print and distribute the summary;
 3976         repealing s. 381.0301, F.S. relating to the Centers
 3977         for Disease Control and Prevention, the State
 3978         University System, Florida medical schools, and the
 3979         College of Public Health of the University of South
 3980         Florida; deleting the requirement that the College of
 3981         Public Health be consulted by state officials in the
 3982         management of public health; repealing s. 381.0302,
 3983         F.S.; eliminating the Florida Health Services Corps;
 3984         amending s. 381.0303, F.S.; eliminating the
 3985         requirement that the Special Needs Shelter Interagency
 3986         Committee submit recommendations to the Legislature;
 3987         repealing s. 381.04015, F.S.; eliminating the Women’s
 3988         Health Strategy Office and Officer of Women’s Health
 3989         Strategy; amending s. 381.0403, F.S., relating to the
 3990         “Community Hospital Education Act”; deleting
 3991         legislative findings and intent; revising the mission
 3992         of the program; requiring minimum funding for graduate
 3993         education in family practice; deleting reference to an
 3994         intent to establish a statewide graduate medical
 3995         education program; amending s. 381.0405, F.S.;
 3996         deleting an appropriation to the Office of Rural
 3997         Health; amending s. 381.0406, F.S.; deleting
 3998         unnecessary introductory language in provisions
 3999         relating to rural health networks; repealing s.
 4000         381.0407, F.S., to eliminate the mandatory payment of
 4001         claims from public health care providers and county
 4002         health departments by managed care plans; repealing s.
 4003         381.045, F.S.; eliminating department authority to
 4004         provide services to certain health care providers
 4005         infected with Hepatitis B or HIV; amending s.
 4006         381.06015, F.S.; deleting obsolete provision that
 4007         requires the department, the Agency for Health Care
 4008         Administration, and private consortium members seeking
 4009         private or federal funds to initiate certain program
 4010         actions relating to the Public Cord Blood Tissue Bank;
 4011         repealing s. 381.0605, F.S., relating to designating
 4012         the Agency for Health Care Administration as the state
 4013         agency to administer the Federal Hospital and Medical
 4014         Facilities Amendments of 1964; eliminating authority
 4015         of the Governor to provide for administration of the
 4016         amendments; repealing ss. 381.1001-381.103, F.S., the
 4017         Florida Community Health Protection Act; amending s.
 4018         381.4018, F.S.; deleting legislative findings and
 4019         intent with respect to physician workforce assessment
 4020         and development; conforming a cross-reference:
 4021         repealing s. 381.60225, F.S., to eliminate background
 4022         screening requirements for health care professionals
 4023         and owners, operators, and employees of certain health
 4024         care providers, services, and programs; repealing ss.
 4025         381.732-381.734, F.S., the “Healthy People, Healthy
 4026         Communities Act”; amending s. 381.7352, F.S.; deleting
 4027         legislative findings relating to the “Reducing Racial
 4028         and Ethnic Health Disparities: Closing the Gap Act”;
 4029         amending s. 381.7353, F.S.; removing the authority of
 4030         the State Surgeon General to appoint an ad hoc
 4031         committee to study certain aspects of racial and
 4032         ethnic health outcome disparities and make
 4033         recommendations; amending s. 381.7356, F.S.; deleting
 4034         a provision requiring dissemination of Closing the Gap
 4035         grant awards to begin on a date certain; amending s.
 4036         381.765, F.S.; repealing unused rulemaking authority
 4037         relating to records and recordkeeping for department
 4038         owned property; repealing s. 381.77, F.S., to
 4039         eliminate the annual survey of nursing home residents
 4040         age 55 and under; repealing s. 381.795, F.S., to
 4041         eliminate the requirement that the department
 4042         establish a program of long-term community-based
 4043         supports and services for individuals with traumatic
 4044         brain or spinal cord injuries; amending s. 381.853,
 4045         F.S.; deleting legislative findings relating to brain
 4046         tumor research; repealing s. 381.855, F.S., which
 4047         established the Florida Center for Universal Research
 4048         to Eradicate Disease; repealing s. 381.87, F.S., to
 4049         eliminate the osteoporosis prevention and education
 4050         program; repealing s. 381.90, F.S., to eliminate the
 4051         Health Information Systems Council; amending s.
 4052         381.91, F.S., relating to the Jesse Trice Cancer
 4053         Program; revising legislative intent; amending
 4054         381.922, F.S.; conforming a reference; amending s.
 4055         383.011, F.S.; requiring the Department of Health to
 4056         establish an interagency agreement with the Department
 4057         of Children and Family Services for management of the
 4058         Special Supplemental Nutrition program for Women,
 4059         Infants, and Children; specifying responsibilities of
 4060         each department; creating s. 383.141, F.S.; providing
 4061         legislative findings; providing definitions; requiring
 4062         that health care providers provide pregnant women with
 4063         current information about the nature of the
 4064         developmental disabilities tested for in certain
 4065         prenatal tests, the accuracy of such tests, and
 4066         resources for obtaining support services for Down
 4067         syndrome and other prenatally diagnosed developmental
 4068         disabilities; providing duties for the Department of
 4069         Health concerning establishment of an information
 4070         clearinghouse; creating an advocacy council within the
 4071         Department of Health to provide technical assistance
 4072         in forming the clearinghouse; providing membership for
 4073         the council; providing duties of the council;
 4074         providing terms for members of the council; providing
 4075         for election of a chairperson and vice chairperson;
 4076         providing meeting times for the council; requiring the
 4077         members to serve without compensation or reimbursement
 4078         for travel expenses; authorizing meetings by
 4079         teleconference or other electronic means; requiring
 4080         the Department of Health to provide administrative
 4081         support; repealing s. 385.210, F.S., the Arthritis
 4082         Prevention and Education Act by a specific date;
 4083         amending s. 391.016, F.S.; clarifying the purposes and
 4084         functions of the Children’s Medical Services program;
 4085         requiring the coordination and maintenance of a
 4086         medical home for participating children; amending s.
 4087         391.021, F.S.; revising definitions; amending s.
 4088         391.025, F.S.; revising the components of the
 4089         Children’s Medical Services program; amending s.
 4090         391.026, F.S.; revising the powers and duties of the
 4091         department in administering the Children’s Medical
 4092         Services network; amending s. 391.028, F.S.;
 4093         eliminating the central office and area offices of the
 4094         Children’s Medical Services program; authorizing the
 4095         Director of Children’s Medical Services to appoint
 4096         necessary staff and contract with providers to
 4097         establish a system to provide certain program
 4098         activities on a statewide basis; amending s. 391.029,
 4099         F.S.; specifying eligibility for services provided
 4100         under the Children’s Medical Services program;
 4101         clarifying who may receive services under the program;
 4102         deleting the requirement that the department determine
 4103         financial and medical eligibility for program;
 4104         deleting the requirement that the department determine
 4105         the financial ability of parents to pay for services;
 4106         eliminating discretion of the department to pay
 4107         reasonable travel expenses; amending s. 391.0315,
 4108         F.S.; deleting a prohibition against a child eligible
 4109         under Title XIX or XXI of the Social Security Act from
 4110         receiving services under the program until the child
 4111         is enrolled in Medicaid or a Title XXI program;
 4112         amending s. 392.51, F.S., relating to tuberculosis
 4113         control; removing legislative findings and intent;
 4114         amending s. 392.61, F.S.; eliminating the requirement
 4115         that the department develop a methodology for
 4116         distributing funds appropriated for community
 4117         tuberculosis control programs; amending s. 392.62,
 4118         F.S.; requiring a contractor to use licensed community
 4119         hospitals and other facilities for the care and
 4120         treatment of persons who have active tuberculosis or a
 4121         history of noncompliance with prescribed drug regimens
 4122         and require inpatient or other residential services;
 4123         removing authority of the department to operate a
 4124         licensed hospital to treat tuberculosis patients;
 4125         requiring the tuberculosis control program to fund
 4126         participating facilities; requiring facilities to meet
 4127         specific conditions; requiring the department to
 4128         develop a transition plan for the closure of A.G.
 4129         Holley State Hospital; specifying content of
 4130         transition plan; requiring submission of the plan to
 4131         the Governor and Legislature; requiring full
 4132         implementation of the transition plan by a certain
 4133         date; amending s. 401.243, F.S.; repealing unused
 4134         rulemaking authority governing the implementation of
 4135         injury-prevention grant programs; amending s. 401.245,
 4136         F.S.; repealing unused rulemaking authority relating
 4137         to operating procedures for the Emergency Medical
 4138         Services Advisory Council; amending s. 401.271, F.S.;
 4139         repealing unused rulemaking authority relating to an
 4140         exemption for the spouse of a member of the Armed
 4141         Forces of the United States on active duty from
 4142         certification renewal provisions while the spouse is
 4143         absent from the state because of the member’s active
 4144         duty with the Armed Forces; repealing s. 402.45, F.S.;
 4145         repealing unused rulemaking authority relating to the
 4146         community resource mother or father program; amending
 4147         s. 403.863, F.S.; directing the department to contract
 4148         to perform state public water supply laboratory
 4149         certification application review and evaluation and
 4150         laboratory inspections; adding certain actions to the
 4151         list of acts constituting grounds for which
 4152         disciplinary actions may be taken under the section;
 4153         amending ss. 400.914 and 409.256, F.S.; conforming
 4154         references; repealing s. 458.346, F.S., which created
 4155         the Public Sector Physician Advisory Committee and
 4156         established its responsibilities; amending s. 462.19,
 4157         F.S., relating to the renewal of licenses for
 4158         practitioners of naturopathy; repealing unused
 4159         rulemaking authority; amending s. 464.019, F.S.,
 4160         requiring the Board of Nursing to deny a program
 4161         application for new prelicensure nursing education
 4162         program while the existing program is on probationary
 4163         status; repealing s. 464.0197, F.S., relating to state
 4164         budget support for the Florida Center for Nursing;
 4165         amending s. 464.203, F.S.; revising the certification
 4166         requirements for certified nursing assistants;
 4167         amending s. 464.208, F.S.; repealing unused rulemaking
 4168         authority relating to background screening information
 4169         of certified nursing assistants; repealing s.
 4170         466.00775, F.S., relating to unused rulemaking
 4171         authority relating to dental health access and dental
 4172         laboratory registration provisions; amending ss.
 4173         212.08, 499.003, 499.601, and 499.61, F.S.; updating
 4174         departmental designation; amending s. 514.011, F.S.;
 4175         revising the definition of “public bathing place”;
 4176         amending s. 514.021, F.S.; restricting rulemaking
 4177         authority of the department; limiting scope of
 4178         standards for public pools and public bathing places;
 4179         prohibiting the department from adopting by rule any
 4180         regulation regarding the design, alteration, or repair
 4181         of a public pool or public bathing; eliminating
 4182         authority of the department to review plans, issue
 4183         approvals, and enforce occupancy provisions of the
 4184         Florida Building Code; amending s. 514.023, F.S.;
 4185         adding public bathing places to the provisions
 4186         allowing sampling of beach waters to determine
 4187         sanitation and allowing health advisories to be issued
 4188         for elevated levels of bacteria in such waters;
 4189         deleting an obsolete provision; amending s. 514.025,
 4190         F.S.; requiring the department to review applications
 4191         and plans for the construction or placement of public
 4192         pools or bathing places; providing for the department
 4193         to review applications and plans if no qualified staff
 4194         are employed at the county health department;
 4195         establishing that the department is responsible to
 4196         monitor water quality in public pools and bathing
 4197         places; amending s. 514.03, F.S.; permitting local
 4198         governments or local enforcement districts to
 4199         determine compliance with general construction
 4200         provisions of the Florida Building Code; permitting
 4201         local governments or local enforcement districts to
 4202         conduct plan reviews and inspections of public pools
 4203         and bathing places to determine compliance;
 4204         eliminating an application process for review of
 4205         building plans for a public pool or bathing place by
 4206         the department; amending s. 514.031, F.S.; requiring a
 4207         valid permit from the department to operate a public
 4208         pool; revising the list of documents that must
 4209         accompany an application for a permit to operate a
 4210         public pool; providing the department with authority
 4211         to review, approve, and deny an application for a
 4212         permit to operate a public pool; amending s. 514.033,
 4213         F.S.; deleting authority of the department to
 4214         establish a fee schedule; requiring fees collected by
 4215         the department or county health department to be
 4216         deposited into the Grants and Doations Trust Fund or
 4217         the County Health Department Trust Fund; amending s.
 4218         514.05, F.S.; requiring all amounts collected to be
 4219         deposited in the Grants and Donations Trust Fund or
 4220         the County Health Department Trust Fund; granting the
 4221         county health department the authority to close a
 4222         public pool that is not in compliance with ch. 514,
 4223         F.S., or applicable rules; amending s. 514.06, F.S.;
 4224         deeming a public pool or bathing place to present a
 4225         significant risk to public health by failing to meet
 4226         water quality and safety to be a public nuisance;
 4227         allowing for a public nuisance to be abated or
 4228         enjoined; amending s. 633.115, F.S.; making conforming
 4229         changes; amending s. 1009.66, F.S.; reassigning
 4230         responsibility for the Nursing Student Loan
 4231         Forgiveness Program from the Department of Health to
 4232         the Department of Education; amending s. 1009.67,
 4233         F.S.; reassigning responsibility for the nursing
 4234         scholarship program from the Department of Health to
 4235         the Department of Education; providing type two
 4236         transfers of the programs; providing for transfer of a
 4237         trust fund; providing applicability to contracts;
 4238         authorizing transfer of funds and positions between
 4239         departments; requiring the Division of Medical Quality
 4240         and Assurance to create a plan to improve efficiency
 4241         of the function of the division; directing the
 4242         division to take certain actions in creating the plan;
 4243         directing the division to address particular topics in
 4244         the plan; requiring all executive branch agencies to
 4245         assist the department in creating the plan; requesting
 4246         all other state agencies to assist the department in
 4247         creating the plan; amending ss. 154.503, 381.0041,
 4248         384.25, 392.56, 395.1027, 411.203, 456.032, 513.10,
 4249         768.28, and 775.0877, F.S.; conforming cross
 4250         references; providing effective dates.