Florida Senate - 2012                             CS for SB 1824
       By the Committee on Health Regulation; and Senator Garcia
       588-03554A-12                                         20121824c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 20.43, F.S.; revising the purpose of the
    4         department; revising duties of the State Surgeon
    5         General; eliminating the Officer of Women’s Health
    6         Strategy; revising divisions within the department;
    7         amending s. 20.435, F.S.; eliminating the Florida
    8         Drug, Device, and Cosmetic Trust Fund and the Nursing
    9         Student Loan Forgiveness Trust Fund as trust funds
   10         under the department; amending s. 215.5602, F.S.;
   11         conforming references; amending s. 381.001, F.S.;
   12         deleting legislative intent; requiring the Department
   13         of Health to be responsible for the state public
   14         health system; requiring the department to provide
   15         leadership for a partnership involving federal, state,
   16         and local government and the private sector to
   17         accomplish public health goals; amending s. 381.0011,
   18         F.S.; deleting duties and powers of the department;
   19         repealing s. 381.0013, F.S., relating to the
   20         department’s authority to exercise the power of
   21         eminent domain; repealing s. 381.0015, F.S., relating
   22         to judicial presumptions regarding the department’s
   23         authority to enforce public health rules; amending s.
   24         381.0016, F.S.; allowing a county to enact health
   25         regulations and ordinances consistent with state law;
   26         repealing s. 381.0017, F.S., relating to the purchase,
   27         lease, and sale of real property by the department;
   28         repealing s. 381.00325, F.S., relating to the
   29         Hepatitis A awareness program; amending s. 381.0034,
   30         F.S.; deleting an obsolete qualifying date reference;
   31         repealing s. 381.0037, F.S., relating to legislative
   32         findings and intent with respect to AIDS; amending s.
   33         381.004, F.S.; deleting legislative intent; conforming
   34         cross-references; amending 381.0046, F.S.; requiring
   35         the department to establish dedicated HIV and AIDS
   36         regional and statewide minority coordinators; deleting
   37         the requirement that the statewide director report to
   38         the chief of the Bureau of HIV and AIDS within the
   39         department; amending s. 381.005, F.S.; deleting the
   40         requirement that hospitals implement a plan to offer
   41         immunizations for pneumococcal bacteria and influenza
   42         virus to all patients 65 years of age or older;
   43         amending s. 381.0051, F.S.; deleting legislative
   44         intent for the Comprehensive Family Planning Act;
   45         amending s. 381.0052, F.S., relating to the “Public
   46         Health Dental Program Act”; deleting unused department
   47         rulemaking authority; amending s. 381.0053, F.S.,
   48         relating to the comprehensive nutrition program;
   49         deleting unused department rulemaking authority;
   50         amending s. 381.0056, F.S., relating to the “School
   51         Health Services Act”; deleting legislative findings;
   52         deleting the requirement that school health programs
   53         funded by health care districts or entities be
   54         supplementary to and consistent with the act and other
   55         applicable statutes; amending s. 381.0057, F.S.,
   56         relating to funding for school health services;
   57         deleting legislative intent; amending s. 381.00591,
   58         F.S.; permitting the department to apply for and
   59         become a National Environmental Laboratory
   60         Accreditation Program accreditation body; eliminating
   61         rulemaking authority of the department to implement
   62         standards of the National Environmental Laboratory
   63         Accreditation Program; amending s. 381.00593, F.S.;
   64         deleting unused rulemaking authority relating to the
   65         public school volunteer health care practitioner
   66         program; amending s. 381.0062, F.S., relating to the
   67         “Comprehensive Family Planning Act”; deleting
   68         legislative intent; amending s. 381.0065, F.S.;
   69         deleting legislative intent; defining the term
   70         “bedroom”; conforming cross-references; providing for
   71         any permit issued and approved by the Department of
   72         Health for the installation, modification, or repair
   73         of an onsite sewage treatment and disposal system to
   74         transfer with the title of the property; providing
   75         circumstances in which an onsite sewage treatment and
   76         disposal system is not considered abandoned; providing
   77         for the validity of an onsite sewage treatment and
   78         disposal system permit if rules change before final
   79         approval of the constructed system, under certain
   80         conditions; providing that a system modification,
   81         replacement, or upgrade is not required unless a
   82         bedroom is added to a single-family home; deleting
   83         provisions requiring the department to administer an
   84         evaluation and assessment program of onsite sewage
   85         treatment and disposal systems and requiring property
   86         owners to have such systems evaluated at least once
   87         every 5 years; deleting obsolete provisions; creating
   88         s. 381.00651, F.S.; requiring a county or municipality
   89         containing a first magnitude spring to adopt by
   90         ordinance, under certain circumstances, the program
   91         for the periodic evaluation and assessment of onsite
   92         sewage treatment and disposal systems; requiring the
   93         county or municipality to notify the Secretary of
   94         State of the ordinance; authorizing a county or
   95         municipality, in specified circumstances, to opt out
   96         by a majority plus one vote of certain requirements by
   97         a specified date; authorizing a county or municipality
   98         to adopt or repeal, after a specified date, an
   99         ordinance creating an evaluation and assessment
  100         program, subject to notification of the Secretary of
  101         State; providing criteria for evaluations, qualified
  102         contractors, and repair of systems; providing for
  103         certain procedures and exemptions in special
  104         circumstances; defining the term “system failure”;
  105         requiring that certain procedures be used for
  106         conducting tank and drainfield evaluations; providing
  107         for certain procedures in special circumstances;
  108         providing for contractor immunity from liability under
  109         certain conditions; providing for assessment
  110         procedures; providing requirements for county health
  111         departments; requiring the Department of Health to
  112         allow county health departments and qualified
  113         contractors to access the state database to track data
  114         and evaluation reports; requiring counties and
  115         municipalities to notify the Secretary of
  116         Environmental Protection and the Department of Health
  117         when an evaluation program ordinance is adopted;
  118         requiring the Department of Environmental Protection
  119         to notify those counties or municipalities of the use
  120         of, and access to, certain state and federal program
  121         funds and to provide certain guidance and technical
  122         assistance upon request; prohibiting the adoption of
  123         certain rules by the Department of Health; providing
  124         for applicability; repealing s. 381.00656, F.S.,
  125         relating to a grant program for the repair of onsite
  126         sewage treatment and disposal systems; amending s.
  127         381.0066, F.S.; lowering the fees imposed by the
  128         department for certain permits; conforming cross
  129         references; amending s. 381.0068, F.S.; deleting a
  130         date by which a technical review and advisory panel
  131         must be established within the department for
  132         assistance with rule adoption; deleting the authority
  133         of the chair of the panel to advise affected persons
  134         or the Legislature of the panel’s position on
  135         legislation or a proposed state policy or other issue;
  136         amending s. 381.00781, F.S.; eliminating the authority
  137         of the department to annually adjust maximum fees
  138         according to the Consumer Price Index; amending s.
  139         381.0098, F.S.; deleting legislative intent with
  140         respect to standards for the safe packaging,
  141         transport, storage, treatment, and disposal of
  142         biomedical waste; amending s. 381.0101, F.S.; deleting
  143         legislative intent regarding certification of
  144         environmental health professionals; deleting
  145         definitions; providing for the Division Director for
  146         Emergency Preparedness and Community Support to serve
  147         on an environmental health professionals advisory
  148         board; conforming a cross-reference; amending s.
  149         381.0203, F.S.; eliminating the regulation of drugs,
  150         cosmetics, and household products under ch. 499, F.S.,
  151         from the pharmacy services program; eliminating the
  152         contraception distribution program at county health
  153         departments; amending s. 381.0261, F.S.; requiring the
  154         department, rather than the Agency for Health Care
  155         Administration, to publish a summary of the Florida
  156         Patient’s Bill of Rights and Responsibilities on its
  157         Internet website; deleting the requirement to print
  158         and distribute the summary; repealing s. 381.0301,
  159         F.S., relating to the Centers for Disease Control and
  160         Prevention, the State University System, Florida
  161         medical schools, and the College of Public Health of
  162         the University of South Florida; deleting the
  163         requirement that the College of Public Health be
  164         consulted by state officials in the management of
  165         public health; repealing s. 381.0302, F.S.;
  166         eliminating the Florida Health Services Corps;
  167         amending s. 381.0303, F.S.; eliminating the
  168         requirement that the Special Needs Shelter Interagency
  169         Committee submit recommendations to the Legislature;
  170         repealing s. 381.04015, F.S.; eliminating the Women’s
  171         Health Strategy Office and Officer of Women’s Health
  172         Strategy; amending s. 381.0403, F.S., relating to the
  173         “Community Hospital Education Act”; deleting
  174         legislative findings and intent; revising the mission
  175         of the program; requiring minimum funding for graduate
  176         education in family practice; deleting reference to an
  177         intent to establish a statewide graduate medical
  178         education program; amending s. 381.0405, F.S.;
  179         deleting an appropriation to the Office of Rural
  180         Health; amending s. 381.0406, F.S.; deleting
  181         unnecessary introductory language in provisions
  182         relating to rural health networks; repealing s.
  183         381.045, F.S.; eliminating department authority to
  184         provide services to certain health care providers
  185         infected with Hepatitis B or HIV; amending s.
  186         381.06015, F.S.; deleting obsolete provision that
  187         requires the department, the Agency for Health Care
  188         Administration, and private consortium members seeking
  189         private or federal funds to initiate certain program
  190         actions relating to the Public Cord Blood Tissue Bank;
  191         repealing s. 381.0605, F.S., relating to designating
  192         the Agency for Health Care Administration as the state
  193         agency to administer the Federal Hospital and Medical
  194         Facilities Amendments of 1964; eliminating authority
  195         of the Governor to provide for administration of the
  196         amendments; repealing s. 381.102, F.S., to eliminate
  197         the community health pilot projects; repealing s.
  198         381.103, F.S., to eliminate the duties of the
  199         department to assist the community health pilot
  200         projects; amending s. 381.4018, F.S.; deleting
  201         legislative findings and intent with respect to
  202         physician workforce assessment and development;
  203         conforming a cross-reference: repealing s. 381.60225,
  204         F.S., to eliminate background screening requirements
  205         for health care professionals and owners, operators,
  206         and employees of certain health care providers,
  207         services, and programs; amending s. 381.7352, F.S.;
  208         deleting legislative findings relating to the
  209         “Reducing Racial and Ethnic Health Disparities:
  210         Closing the Gap Act”; amending s. 381.7353, F.S.;
  211         removing the authority of the State Surgeon General to
  212         appoint an ad hoc committee to study certain aspects
  213         of racial and ethnic health outcome disparities and
  214         make recommendations; amending s. 381.7356, F.S.;
  215         deleting a provision requiring dissemination of
  216         Closing the Gap grant awards to begin on a date
  217         certain; amending s. 381.765, F.S.; deleting unused
  218         rulemaking authority relating to records and
  219         recordkeeping for department-owned property; repealing
  220         s. 381.77, F.S., to eliminate the annual survey of
  221         nursing home residents age 55 and under; repealing s.
  222         381.795, F.S., to eliminate the requirement that the
  223         department establish a program of long-term community
  224         based supports and services for individuals with
  225         traumatic brain or spinal cord injuries; amending s.
  226         381.853, F.S.; deleting legislative findings relating
  227         to brain tumor research; repealing s. 381.855, F.S.,
  228         which established the Florida Center for Universal
  229         Research to Eradicate Disease; repealing s. 381.87,
  230         F.S., to eliminate the osteoporosis prevention and
  231         education program; amending s. 381.895, F.S.; revising
  232         standards for compressed air used for recreational
  233         diving; repealing s. 381.90, F.S., to eliminate the
  234         Health Information Systems Council; amending s.
  235         381.91, F.S., relating to the Jesse Trice Cancer
  236         Program; revising legislative intent; amending
  237         381.922, F.S.; conforming a reference; amending s.
  238         392.51, F.S., relating to tuberculosis control;
  239         removing legislative findings and intent; amending s.
  240         392.61, F.S.; eliminating the requirement that the
  241         department develop a methodology for distributing
  242         funds appropriated for community tuberculosis control
  243         programs; amending s. 392.62, F.S.; requiring a
  244         contractor to use licensed community hospitals and
  245         other facilities for the care and treatment of persons
  246         who have active tuberculosis or a history of
  247         noncompliance with prescribed drug regimens and
  248         require inpatient or other residential services;
  249         removing authority of the department to operate a
  250         licensed hospital to treat tuberculosis patients;
  251         requiring the tuberculosis control program to fund
  252         participating facilities; requiring facilities to meet
  253         specific conditions; requiring the department to
  254         develop a transition plan for the closure of A.G.
  255         Holley State Hospital; specifying content of
  256         transition plan; requiring submission of the plan to
  257         the Governor and Legislature; requiring full
  258         implementation of the transition plan by a certain
  259         date; amending s. 395.1027, F.S., relating to the
  260         regional poison control centers; conforming
  261         provisions; amending s. 401.243, F.S.; deleting unused
  262         rulemaking authority governing the implementation of
  263         injury-prevention grant programs; amending s. 401.245,
  264         F.S.; deleting unused rulemaking authority relating to
  265         operating procedures for the Emergency Medical
  266         Services Advisory Council; amending s. 401.271, F.S.;
  267         deleting unused rulemaking authority relating to an
  268         exemption for the spouse of a member of the Armed
  269         Forces of the United States on active duty from
  270         certification renewal provisions while the spouse is
  271         absent from the state because of the member’s active
  272         duty with the Armed Forces; repealing s. 402.45, F.S.,
  273         relating to the community resource mother or father
  274         program; amending ss. 400.914 and 409.256, F.S.;
  275         conforming references; repealing s. 458.346, F.S.,
  276         which created the Public Sector Physician Advisory
  277         Committee and established its responsibilities;
  278         amending s. 462.19, F.S., relating to the renewal of
  279         licenses for practitioners of naturopathy; deleting
  280         unused rulemaking authority; repealing s. 464.0197,
  281         F.S., relating to state budget support for the Florida
  282         Center for Nursing; amending s. 464.208, F.S.;
  283         deleting unused rulemaking authority relating to
  284         background screening information of certified nursing
  285         assistants; amending s. 633.115, F.S.; making
  286         conforming changes; amending s. 768.28, F.S., relating
  287         to the state’s waiver of sovereign immunity;
  288         conforming provisions; amending s. 1009.66, F.S.;
  289         reassigning responsibility for the Nursing Student
  290         Loan Forgiveness Program from the Department of Health
  291         to the Department of Education; amending s. 1009.67,
  292         F.S.; reassigning responsibility for the nursing
  293         scholarship program from the Department of Health to
  294         the Department of Education; providing type two
  295         transfers of the programs; providing for transfer of a
  296         trust fund; providing applicability to contracts;
  297         authorizing transfer of funds and positions between
  298         departments; requiring the Division of Medical Quality
  299         Assurance to create a plan to improve efficiency of
  300         the function of the division; directing the division
  301         to take certain actions in creating the plan;
  302         directing the division to address particular topics in
  303         the plan; requiring all executive branch agencies to
  304         assist the department in creating the plan; requesting
  305         all other state agencies to assist the department in
  306         creating the plan; amending ss. 381.0041, 384.25,
  307         392.56, 456.032, and 775.0877, F.S.; conforming cross
  308         references; providing effective dates.
  310  Be It Enacted by the Legislature of the State of Florida:
  312         Section 1. Subsections (1), (2), and (3) of section 20.43,
  313  Florida Statutes, are amended to read:
  314         20.43 Department of Health.—There is created a Department
  315  of Health.
  316         (1) The purpose of the Department of Health is to protect
  317  and promote and protect the health of all residents and visitors
  318  in the state through organized state and community efforts,
  319  including cooperative agreements with counties. The department
  320  shall:
  321         (a) Identify, diagnose, and conduct surveillance of
  322  diseases and health conditions in the state and accumulate the
  323  health statistics necessary to establish trends Prevent to the
  324  fullest extent possible, the occurrence and progression of
  325  communicable and noncommunicable diseases and disabilities.
  326         (b) Implement interventions that prevent or limit the
  327  impact or spread of diseases and health conditions Maintain a
  328  constant surveillance of disease occurrence and accumulate
  329  health statistics necessary to establish disease trends and to
  330  design health programs.
  331         (c) Collect, manage, and analyze vital statistics and other
  332  health data to inform the public and formulate public health
  333  policy and planning Conduct special studies of the causes of
  334  diseases and formulate preventive strategies.
  335         (d) Maintain and coordinate preparedness for and responses
  336  to public health emergencies in the state Promote the
  337  maintenance and improvement of the environment as it affects
  338  public health.
  339         (e) Provide or ensure the provision of quality health care
  340  and related services to identified populations in the state
  341  Promote the maintenance and improvement of health in the
  342  residents of the state.
  343         (f) Regulate environmental activities that have a direct
  344  impact on public health in the state Provide leadership, in
  345  cooperation with the public and private sectors, in establishing
  346  statewide and community public health delivery systems.
  347         (g) Regulate health practitioners for the preservation of
  348  the health, safety, and welfare of the public Provide health
  349  care and early intervention services to infants, toddlers,
  350  children, adolescents, and high-risk perinatal patients who are
  351  at risk for disabling conditions or have chronic illnesses.
  352         (h) Provide services to abused and neglected children
  353  through child protection teams and sexual abuse treatment
  354  programs.
  355         (i) Develop working associations with all agencies and
  356  organizations involved and interested in health and health care
  357  delivery.
  358         (j) Analyze trends in the evolution of health systems, and
  359  identify and promote the use of innovative, cost-effective
  360  health delivery systems.
  361         (k) Serve as the statewide repository of all aggregate data
  362  accumulated by state agencies related to health care; analyze
  363  that data and issue periodic reports and policy statements, as
  364  appropriate; require that all aggregated data be kept in a
  365  manner that promotes easy utilization by the public, state
  366  agencies, and all other interested parties; provide technical
  367  assistance as required; and work cooperatively with the state’s
  368  higher education programs to promote further study and analysis
  369  of health care systems and health care outcomes.
  370         (l) Include in the department’s strategic plan developed
  371  under s. 186.021 an assessment of current health programs,
  372  systems, and costs; projections of future problems and
  373  opportunities; and recommended changes that are needed in the
  374  health care system to improve the public health.
  375         (m) Regulate health practitioners, to the extent authorized
  376  by the Legislature, as necessary for the preservation of the
  377  health, safety, and welfare of the public.
  378         (2)(a) The head of the Department of Health is the State
  379  Surgeon General and State Health Officer. The State Surgeon
  380  General must be a physician licensed under chapter 458 or
  381  chapter 459 who has advanced training or extensive experience in
  382  public health administration. The State Surgeon General is
  383  appointed by the Governor subject to confirmation by the Senate.
  384  The State Surgeon General serves at the pleasure of the
  385  Governor. The State Surgeon General shall serve as the leading
  386  voice on wellness and disease prevention efforts, including the
  387  promotion of healthful lifestyles, immunization practices,
  388  health literacy, and the assessment and promotion of the
  389  physician and health care workforce in order to meet the health
  390  care needs of the state. The State Surgeon General shall focus
  391  on advocating healthy lifestyles, developing public health
  392  policy, and building collaborative partnerships with schools,
  393  businesses, health care practitioners, community-based
  394  organizations, and public and private institutions in order to
  395  promote health literacy and optimum quality of life for all
  396  Floridians.
  397         (b) The Officer of Women’s Health Strategy is established
  398  within the Department of Health and shall report directly to the
  399  State Surgeon General.
  400         (3) The following divisions of the Department of Health are
  401  established:
  402         (a) Division of Administration.
  403         (b) Division of Emergency Preparedness and Community
  404  Support Environmental Health.
  405         (c) Division of Disease Control and Health Protection.
  406         (d) Division of Community Health Promotion Family Health
  407  Services.
  408         (e) Division of Children’s Medical Services Network.
  409         (f) Division of Public Health Statistics and Performance
  410  Management Emergency Medical Operations.
  411         (g) Division of Medical Quality Assurance, which is
  412  responsible for the following boards and professions established
  413  within the division:
  414         1. The Board of Acupuncture, created under chapter 457.
  415         2. The Board of Medicine, created under chapter 458.
  416         3. The Board of Osteopathic Medicine, created under chapter
  417  459.
  418         4. The Board of Chiropractic Medicine, created under
  419  chapter 460.
  420         5. The Board of Podiatric Medicine, created under chapter
  421  461.
  422         6. Naturopathy, as provided under chapter 462.
  423         7. The Board of Optometry, created under chapter 463.
  424         8. The Board of Nursing, created under part I of chapter
  425  464.
  426         9. Nursing assistants, as provided under part II of chapter
  427  464.
  428         10. The Board of Pharmacy, created under chapter 465.
  429         11. The Board of Dentistry, created under chapter 466.
  430         12. Midwifery, as provided under chapter 467.
  431         13. The Board of Speech-Language Pathology and Audiology,
  432  created under part I of chapter 468.
  433         14. The Board of Nursing Home Administrators, created under
  434  part II of chapter 468.
  435         15. The Board of Occupational Therapy, created under part
  436  III of chapter 468.
  437         16. Respiratory therapy, as provided under part V of
  438  chapter 468.
  439         17. Dietetics and nutrition practice, as provided under
  440  part X of chapter 468.
  441         18. The Board of Athletic Training, created under part XIII
  442  of chapter 468.
  443         19. The Board of Orthotists and Prosthetists, created under
  444  part XIV of chapter 468.
  445         20. Electrolysis, as provided under chapter 478.
  446         21. The Board of Massage Therapy, created under chapter
  447  480.
  448         22. The Board of Clinical Laboratory Personnel, created
  449  under part III of chapter 483.
  450         23. Medical physicists, as provided under part IV of
  451  chapter 483.
  452         24. The Board of Opticianry, created under part I of
  453  chapter 484.
  454         25. The Board of Hearing Aid Specialists, created under
  455  part II of chapter 484.
  456         26. The Board of Physical Therapy Practice, created under
  457  chapter 486.
  458         27. The Board of Psychology, created under chapter 490.
  459         28. School psychologists, as provided under chapter 490.
  460         29. The Board of Clinical Social Work, Marriage and Family
  461  Therapy, and Mental Health Counseling, created under chapter
  462  491.
  463         30. Emergency medical technicians and paramedics, as
  464  provided under part III of chapter 401.
  465         (h) Division of Children’s Medical Services Prevention and
  466  Intervention.
  467         (i) Division of Information Technology.
  468         (j) Division of Health Access and Tobacco.
  469         (h)(k) Division of Disability Determinations.
  470         Section 2. Subsections (14) through (22) of section 20.435,
  471  Florida Statutes, are renumbered as subsection (13) through
  472  (20), respectively, and present subsections (13) and (17) of
  473  that section are amended to read:
  474         20.435 Department of Health; trust funds.—The following
  475  trust funds shall be administered by the Department of Health:
  476         (13) Florida Drug, Device, and Cosmetic Trust Fund.
  477         (a) Funds to be credited to and uses of the trust fund
  478  shall be administered in accordance with the provisions of
  479  chapter 499.
  480         (b) Notwithstanding the provisions of s. 216.301 and
  481  pursuant to s. 216.351, any balance in the trust fund at the end
  482  of any fiscal year shall remain in the trust fund at the end of
  483  the year and shall be available for carrying out the purposes of
  484  the trust fund.
  485         (17) Nursing Student Loan Forgiveness Trust Fund.
  486         (a) Funds to be credited to and uses of the trust fund
  487  shall be administered in accordance with the provisions of s.
  488  1009.66.
  489         (b) Notwithstanding the provisions of s. 216.301 and
  490  pursuant to s. 216.351, any balance in the trust fund at the end
  491  of any fiscal year shall remain in the trust fund at the end of
  492  the year and shall be available for carrying out the purposes of
  493  the trust fund.
  494         Section 3. Subsections (10) and (12) of section 215.5602,
  495  Florida Statutes, are amended to read:
  496         215.5602 James and Esther King Biomedical Research
  497  Program.—
  498         (10) The council shall submit an annual progress report on
  499  the state of biomedical research in this state to the Florida
  500  Center for Universal Research to Eradicate Disease and to the
  501  Governor, the State Surgeon General, the President of the
  502  Senate, and the Speaker of the House of Representatives by
  503  February 1. The report must include:
  504         (a) A list of research projects supported by grants or
  505  fellowships awarded under the program.
  506         (b) A list of recipients of program grants or fellowships.
  507         (c) A list of publications in peer reviewed journals
  508  involving research supported by grants or fellowships awarded
  509  under the program.
  510         (d) The total amount of biomedical research funding
  511  currently flowing into the state.
  512         (e) New grants for biomedical research which were funded
  513  based on research supported by grants or fellowships awarded
  514  under the program.
  515         (f) Progress in the prevention, diagnosis, treatment, and
  516  cure of diseases related to tobacco use, including cancer,
  517  cardiovascular disease, stroke, and pulmonary disease.
  518         (12) From funds appropriated to accomplish the goals of
  519  this section, up to $250,000 shall be available for the
  520  operating costs of the Florida Center for Universal Research to
  521  Eradicate Disease. Beginning in the 2011-2012 fiscal year and
  522  thereafter, $25 million from the revenue deposited into the
  523  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  524  shall be reserved for research of tobacco-related or cancer
  525  related illnesses. Of the revenue deposited in the Health Care
  526  Trust Fund pursuant to this section, $25 million shall be
  527  transferred to the Biomedical Research Trust Fund within the
  528  Department of Health. Subject to annual appropriations in the
  529  General Appropriations Act, $5 million shall be appropriated to
  530  the James and Esther King Biomedical Research Program, $5
  531  million shall be appropriated to the William G. “Bill” Bankhead,
  532  Jr., and David Coley Cancer Research Program created under s.
  533  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  534  Cancer Center and Research Institute established under s.
  535  1004.43, $5 million shall be appropriated to the Sylvester
  536  Comprehensive Cancer Center of the University of Miami, and $5
  537  million shall be appropriated to the University of Florida
  538  Shands Cancer Hospital Center.
  539         Section 4. Section 381.001, Florida Statutes, is amended to
  540  read:
  541         381.001 Legislative intent; Public health system.—
  542         (1) It is the intent of the Legislature that The Department
  543  of Health is be responsible for the state’s public health system
  544  which shall be designed to promote, protect, and improve the
  545  health of all people in the state. The mission of the state’s
  546  public health system is to foster the conditions in which people
  547  can be healthy, by assessing state and community health needs
  548  and priorities through data collection, epidemiologic studies,
  549  and community participation; by developing comprehensive public
  550  health policies and objectives aimed at improving the health
  551  status of people in the state; and by ensuring essential health
  552  care and an environment which enhances the health of the
  553  individual and the community. The department shall provide
  554  leadership for Legislature recognizes that the state’s public
  555  health system must be founded on an active partnership working
  556  toward shared public health goals and involving between federal,
  557  state, and local governments and the private sector government
  558  and between the public and private sectors, and, therefore,
  559  assessment, policy development, and service provision must be
  560  shared by all of these entities to achieve its mission.
  561         (2) It is the intent of the Legislature that the
  562  department, in carrying out the mission of public health, focus
  563  attention on identifying, assessing, and controlling the
  564  presence and spread of communicable diseases; on monitoring and
  565  regulating factors in the environment which may impair the
  566  public’s health, with particular attention to preventing
  567  contamination of drinking water, the air people breathe, and the
  568  food people consume; and ensuring availability of and access to
  569  preventive and primary health care, including, but not limited
  570  to, acute and episodic care, prenatal and postpartum care, child
  571  health, family planning, school health, chronic disease
  572  prevention, child and adult immunization, dental health,
  573  nutrition, and health education and promotion services.
  574         (3) It is, furthermore, the intent of the Legislature that
  575  the public health system include comprehensive planning, data
  576  collection, technical support, and health resource development
  577  functions. These functions include, but are not limited to,
  578  state laboratory and pharmacy services, the state vital
  579  statistics system, the Florida Center for Health Information and
  580  Policy Analysis, emergency medical services coordination and
  581  support, and recruitment, retention, and development of
  582  preventive and primary health care professionals and managers.
  583         (4)It is, furthermore, the intent of the Legislature that
  584  The department shall provide public health services through the
  585  67 county health departments in partnership with county
  586  governments, as specified in part I of chapter 154, and in so
  587  doing make every attempt possible to solicit the support and
  588  involvement of private and not-for-profit health care agencies
  589  in fulfilling the public health mission.
  590         Section 5. Section 381.0011, Florida Statutes, is amended
  591  to read:
  592         381.0011 Duties and powers of the Department of Health.—It
  593  is the duty of the Department of Health to:
  594         (1) Assess the public health status and needs of the state
  595  through statewide data collection and other appropriate means,
  596  with special attention to future needs that may result from
  597  population growth, technological advancements, new societal
  598  priorities, or other changes.
  599         (2) Formulate general policies affecting the public health
  600  of the state.
  601         (3) Administer and enforce laws and rules relating to
  602  sanitation, control of communicable diseases, illnesses and
  603  hazards to health among humans and from animals to humans, and
  604  the general health of the people of the state.
  605         (4) Coordinate with Cooperate with and accept assistance
  606  from federal, state, and local officials for the prevention and
  607  suppression of communicable and other diseases, illnesses,
  608  injuries, and hazards to human health.
  609         (5) Declare, enforce, modify, and abolish quarantine of
  610  persons, animals, and premises as the circumstances indicate for
  611  controlling communicable diseases or providing protection from
  612  unsafe conditions that pose a threat to public health, except as
  613  provided in ss. 384.28 and 392.545-392.60.
  614         (a) The department shall adopt rules to specify the
  615  conditions and procedures for imposing and releasing a
  616  quarantine. The rules must include provisions related to:
  617         1. The closure of premises.
  618         2. The movement of persons or animals exposed to or
  619  infected with a communicable disease.
  620         3. The tests or treatment, including vaccination, for
  621  communicable disease required prior to employment or admission
  622  to the premises or to comply with a quarantine.
  623         4. Testing or destruction of animals with or suspected of
  624  having a disease transmissible to humans.
  625         5. Access by the department to quarantined premises.
  626         6. The disinfection of quarantined animals, persons, or
  627  premises.
  628         7. Methods of quarantine.
  629         (b) Any health regulation that restricts travel or trade
  630  within the state may not be adopted or enforced in this state
  631  except by authority of the department.
  632         (6) Provide for a thorough investigation and study of the
  633  incidence, causes, modes of propagation and transmission, and
  634  means of prevention, control, and cure of diseases, illnesses,
  635  and hazards to human health.
  636         (7) Provide for the dissemination of information to the
  637  public relative to the prevention, control, and cure of
  638  diseases, illnesses, and hazards to human health. The department
  639  shall conduct a workshop before issuing any health alert or
  640  advisory relating to food-borne illness or communicable disease
  641  in public lodging or food service establishments in order to
  642  inform persons, trade associations, and businesses of the risk
  643  to public health and to seek the input of affected persons,
  644  trade associations, and businesses on the best methods of
  645  informing and protecting the public, except in an emergency, in
  646  which case the workshop must be held within 14 days after the
  647  issuance of the emergency alert or advisory.
  648         (8) Act as registrar of vital statistics.
  649         (9) Cooperate with and assist federal health officials in
  650  enforcing public health laws and regulations.
  651         (10) Cooperate with other departments, local officials, and
  652  private boards and organizations for the improvement and
  653  preservation of the public health.
  654         (9)(11) Maintain a statewide injury-prevention program.
  655         (10)(12) Adopt rules pursuant to ss. 120.536(1) and 120.54
  656  to implement the provisions of law conferring duties upon it.
  657  This subsection does not authorize the department to require a
  658  permit or license unless such requirement is specifically
  659  provided by law.
  660         (11)(13) Manage and coordinate emergency preparedness and
  661  disaster response functions to: investigate and control the
  662  spread of disease; coordinate the availability and staffing of
  663  special needs shelters; support patient evacuation; ensure the
  664  safety of food and drugs; provide critical incident stress
  665  debriefing; and provide surveillance and control of
  666  radiological, chemical, biological, and other environmental
  667  hazards.
  668         (14) Perform any other duties prescribed by law.
  669         Section 6. Section 381.0013, Florida Statutes, is repealed.
  670         Section 7. Section 381.0015, Florida Statutes, is repealed.
  671         Section 8. Section 381.0016, Florida Statutes, is amended
  672  to read:
  673         381.0016 County and municipal regulations and ordinances.
  674  Any county or municipality may enact, in a manner prescribed by
  675  law, health regulations and ordinances not inconsistent with
  676  state public health laws and rules adopted by the department.
  677         Section 9. Section 381.0017, Florida Statutes, is repealed.
  678         Section 10. Section 381.00325, Florida Statutes, is
  679  repealed.
  680         Section 11. Subsection (1) of section 381.0034, Florida
  681  Statutes, is amended to read:
  682         381.0034 Requirement for instruction on HIV and AIDS.—
  683         (1) As of July 1, 1991, The Department of Health shall
  684  require each person licensed or certified under chapter 401,
  685  chapter 467, part IV of chapter 468, or chapter 483, as a
  686  condition of biennial relicensure, to complete an educational
  687  course approved by the department on the modes of transmission,
  688  infection control procedures, clinical management, and
  689  prevention of human immunodeficiency virus and acquired immune
  690  deficiency syndrome. Such course shall include information on
  691  current Florida law on acquired immune deficiency syndrome and
  692  its impact on testing, confidentiality of test results, and
  693  treatment of patients. Each such licensee or certificateholder
  694  shall submit confirmation of having completed said course, on a
  695  form provided by the department, when submitting fees or
  696  application for each biennial renewal.
  697         Section 12. Section 381.0037, Florida Statutes, is
  698  repealed.
  699         Section 13. Subsections (2) though (11) of section 381.004,
  700  Florida Statutes, are renumbered as subsections (1) through
  701  (10), respectively, and present subsection (1), paragraph (a) of
  702  present subsection (3), paragraph (d) of present subsection (5),
  703  present subsection (7), and paragraph (c) of present subsection
  704  (11) of that section are amended to read:
  705         381.004 HIV testing.—
  706         (1) LEGISLATIVE INTENT.—The Legislature finds that the use
  707  of tests designed to reveal a condition indicative of human
  708  immunodeficiency virus infection can be a valuable tool in
  709  protecting the public health. The Legislature finds that despite
  710  existing laws, regulations, and professional standards which
  711  require or promote the informed, voluntary, and confidential use
  712  of tests designed to reveal human immunodeficiency virus
  713  infection, many members of the public are deterred from seeking
  714  such testing because they misunderstand the nature of the test
  715  or fear that test results will be disclosed without their
  716  consent. The Legislature finds that the public health will be
  717  served by facilitating informed, voluntary, and confidential use
  718  of tests designed to detect human immunodeficiency virus
  719  infection.
  722         (a) No person in this state shall order a test designed to
  723  identify the human immunodeficiency virus, or its antigen or
  724  antibody, without first obtaining the informed consent of the
  725  person upon whom the test is being performed, except as
  726  specified in paragraph (h). Informed consent shall be preceded
  727  by an explanation of the right to confidential treatment of
  728  information identifying the subject of the test and the results
  729  of the test to the extent provided by law. Information shall
  730  also be provided on the fact that a positive HIV test result
  731  will be reported to the county health department with sufficient
  732  information to identify the test subject and on the availability
  733  and location of sites at which anonymous testing is performed.
  734  As required in paragraph (3)(c) (4)(c), each county health
  735  department shall maintain a list of sites at which anonymous
  736  testing is performed, including the locations, phone numbers,
  737  and hours of operation of the sites. Consent need not be in
  738  writing provided there is documentation in the medical record
  739  that the test has been explained and the consent has been
  740  obtained.
  743  REGISTRATION.—No county health department and no other person in
  744  this state shall conduct or hold themselves out to the public as
  745  conducting a testing program for acquired immune deficiency
  746  syndrome or human immunodeficiency virus status without first
  747  registering with the Department of Health, reregistering each
  748  year, complying with all other applicable provisions of state
  749  law, and meeting the following requirements:
  750         (d) The program must meet all the informed consent criteria
  751  contained in subsection (2) (3).
  752         (6)(7) EXEMPTIONS.—Except as provided in paragraph (3)(d)
  753  (4)(d) and ss. 627.429 and 641.3007, insurers and others
  754  participating in activities related to the insurance application
  755  and underwriting process shall be exempt from this section.
  757         (c) Any violation of this subsection or the rules
  758  implementing it shall be punishable as provided in subsection
  759  (5) (6).
  760         Section 14. Subsection (2) of section 381.0046, Florida
  761  Statutes, is amended to read:
  762         381.0046 Statewide HIV and AIDS prevention campaign.—
  763         (2) The Department of Health shall establish dedicated four
  764  positions within the department for HIV and AIDS regional
  765  minority coordinators and one position for a statewide HIV and
  766  AIDS minority coordinator. The coordinators shall facilitate
  767  statewide efforts to implement and coordinate HIV and AIDS
  768  prevention and treatment programs. The statewide coordinator
  769  shall report directly to the chief of the Bureau of HIV and AIDS
  770  within the Department of Health.
  771         Section 15. Subsection (3) of section 381.005, Florida
  772  Statutes, is renumbered as subsection (2), and present
  773  subsection (2) of that section is amended to read:
  774         381.005 Primary and preventive health services.—
  775         (2) Between October 1, or earlier if the vaccination is
  776  available, and February 1 of each year, subject to the
  777  availability of an adequate supply of the necessary vaccine,
  778  each hospital licensed pursuant to chapter 395 shall implement a
  779  program to offer immunizations against the influenza virus and
  780  pneumococcal bacteria to all patients age 65 or older, in
  781  accordance with the recommendations of the Advisory Committee on
  782  Immunization Practices of the United States Centers for Disease
  783  Control and Prevention and subject to the clinical judgment of
  784  the responsible practitioner.
  785         Section 16. Subsections (3) through (7) of section
  786  381.0051, Florida Statutes, are renumbered as subsections (2)
  787  through (6), respectively, and present subsection (2) of that
  788  section is amended to read:
  789         381.0051 Family planning.—
  790         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  791  to make available to citizens of the state of childbearing age
  792  comprehensive medical knowledge, assistance, and services
  793  relating to the planning of families and maternal health care.
  794         Section 17. Subsection (5) of section 381.0052, Florida
  795  Statutes, is amended to read:
  796         381.0052 Dental health.—
  797         (5) The department may adopt rules to implement this
  798  section.
  799         Section 18. Subsection (4) of section 381.0053, Florida
  800  Statutes, is amended to read:
  801         381.0053 Comprehensive nutrition program.—
  802         (4) The department may promulgate rules to implement the
  803  provisions of this section.
  804         Section 19. Subsections (3) through (11) of section
  805  381.0056, Florida Statutes are renumbered as subsections (2)
  806  through (9), respectively, and present subsections (2), (3), and
  807  (11) of that section are amended to read:
  808         381.0056 School health services program.—
  809         (2) The Legislature finds that health services conducted as
  810  a part of the total school health program should be carried out
  811  to appraise, protect, and promote the health of students. School
  812  health services supplement, rather than replace, parental
  813  responsibility and are designed to encourage parents to devote
  814  attention to child health, to discover health problems, and to
  815  encourage use of the services of their physicians, dentists, and
  816  community health agencies.
  817         (2)(3)As When used in or for purposes of this section:
  818         (a) “Emergency health needs” means onsite management and
  819  aid for illness or injury pending the student’s return to the
  820  classroom or release to a parent, guardian, designated friend,
  821  or designated health care provider.
  822         (b) “Entity” or “health care entity” means a unit of local
  823  government or a political subdivision of the state; a hospital
  824  licensed under chapter 395; a health maintenance organization
  825  certified under chapter 641; a health insurer authorized under
  826  the Florida Insurance Code; a community health center; a migrant
  827  health center; a federally qualified health center; an
  828  organization that meets the requirements for nonprofit status
  829  under s. 501(c)(3) of the Internal Revenue Code; a private
  830  industry or business; or a philanthropic foundation that agrees
  831  to participate in a public-private partnership with a county
  832  health department, local school district, or school in the
  833  delivery of school health services, and agrees to the terms and
  834  conditions for the delivery of such services as required by this
  835  section and as documented in the local school health services
  836  plan.
  837         (c) “Invasive screening” means any screening procedure in
  838  which the skin or any body orifice is penetrated.
  839         (d) “Physical examination” means a thorough evaluation of
  840  the health status of an individual.
  841         (e) “School health services plan” means the document that
  842  describes the services to be provided, the responsibility for
  843  provision of the services, the anticipated expenditures to
  844  provide the services, and evidence of cooperative planning by
  845  local school districts and county health departments.
  846         (f) “Screening” means presumptive identification of unknown
  847  or unrecognized diseases or defects by the application of tests
  848  that can be given with ease and rapidity to apparently healthy
  849  persons.
  850         (11) School health programs funded by health care districts
  851  or entities defined in subsection (3) must be supplementary to
  852  and consistent with the requirements of this section and ss.
  853  381.0057 and 381.0059.
  854         Section 20. Subsections (2) through (7) of section
  855  381.0057, Florida Statutes, are renumbered as subsections (1)
  856  through (6), respectively, and present subsections (1), (4), and
  857  (6) of that section are amended to read:
  858         381.0057 Funding for school health services.—
  859         (1) It is the intent of the Legislature that funds in
  860  addition to those provided under the School Health Services Act
  861  be provided to those school districts and schools where there is
  862  a high incidence of medically underserved high-risk children,
  863  low birthweight babies, infant mortality, or teenage pregnancy.
  864  The purpose of this funding is to phase in those programs which
  865  offer the greatest potential for promoting the health of
  866  students and reducing teenage pregnancy.
  867         (3)(4) Any school district, school, or laboratory school
  868  which desires to receive state funding under the provisions of
  869  this section shall submit a proposal to the joint committee
  870  established in subsection (2) (3). The proposal shall state the
  871  goals of the program, provide specific plans for reducing
  872  teenage pregnancy, and describe all of the health services to be
  873  available to students with funds provided pursuant to this
  874  section, including a combination of initiatives such as health
  875  education, counseling, extracurricular, and self-esteem
  876  components. School health services shall not promote elective
  877  termination of pregnancy as a part of counseling services. Only
  878  those program proposals which have been developed jointly by
  879  county health departments and local school districts or schools,
  880  and which have community and parental support, shall be eligible
  881  for funding. Funding shall be available specifically for
  882  implementation of one of the following programs:
  883         (a) School health improvement pilot project.—The program
  884  shall include basic health care to an elementary school, middle
  885  school, and high school feeder system. Program services shall
  886  include, but not be limited to:
  887         1. Planning, implementing, and evaluating school health
  888  services. Staffing shall include a full-time, trained school
  889  health aide in each elementary, middle, and high school; one
  890  full-time nurse to supervise the aides in the elementary and
  891  middle schools; and one full-time nurse in each high school.
  892         2. Providing student health appraisals and identification
  893  of actual or potential health problems by screenings, nursing
  894  assessments, and record reviews.
  895         3. Expanding screening activities.
  896         4. Improving the student utilization of school health
  897  services.
  898         5. Coordinating health services for students with parents
  899  or guardians and other agencies in the community.
  900         (b) Student support services team program.—The program
  901  shall include a multidisciplinary team composed of a
  902  psychologist, social worker, and nurse whose responsibilities
  903  are to provide basic support services and to assist, in the
  904  school setting, children who exhibit mild to severely complex
  905  health, behavioral, or learning problems affecting their school
  906  performance. Support services shall include, but not be limited
  907  to: evaluation and treatment for minor illnesses and injuries,
  908  referral and followup for serious illnesses and emergencies,
  909  onsite care and consultation, referral to a physician, and
  910  followup care for pregnancy or chronic diseases and disorders as
  911  well as emotional or mental problems. Services also shall
  912  include referral care for drug and alcohol abuse and sexually
  913  transmitted diseases, sports and employment physicals,
  914  immunizations, and in addition, effective preventive services
  915  aimed at delaying early sexual involvement and aimed at
  916  pregnancy, acquired immune deficiency syndrome, sexually
  917  transmitted diseases, and destructive lifestyle conditions, such
  918  as alcohol and drug abuse. Moneys for this program shall be used
  919  to fund three teams, each consisting of one half-time
  920  psychologist, one full-time nurse, and one full-time social
  921  worker. Each team shall provide student support services to an
  922  elementary school, middle school, and high school that are a
  923  part of one feeder school system and shall coordinate all
  924  activities with the school administrator and guidance counselor
  925  at each school. A program which places all three teams in middle
  926  schools or high schools may also be proposed.
  927         (c) Full service schools.—The full-service schools shall
  928  integrate the services of the Department of Health that are
  929  critical to the continuity-of-care process. The department shall
  930  provide services to students on the school grounds. Department
  931  personnel shall provide their specialized services as an
  932  extension of the educational environment. Such services may
  933  include nutritional services, medical services, aid to dependent
  934  children, parenting skills, counseling for abused children, and
  935  education for the students’ parents or guardians.
  937  Funding may also be available for any other program that is
  938  comparable to a program described in this subsection but is
  939  designed to meet the particular needs of the community.
  940         (5)(6) Each school district or school program that is
  941  funded through the provisions of this section shall provide a
  942  mechanism through which a parent may, by written request, exempt
  943  a child from all or certain services provided by a school health
  944  services program described in subsection (3) (4).
  945         Section 21. Section 381.00591, Florida Statutes, is amended
  946  to read:
  947         381.00591 Department of Health; National Environmental
  948  Laboratory accreditation; application; rules.—The Department of
  949  Health may apply for and become a National Environmental
  950  Laboratory Accreditation Program accreditation body accrediting
  951  authority. The department, as an accrediting entity, may adopt
  952  rules pursuant to ss. 120.536(1) and 120.54, to implement
  953  standards of the National Environmental Laboratory Accreditation
  954  Program, including requirements for proficiency testing
  955  providers and other rules that are not inconsistent with this
  956  section, including rules pertaining to fees, application
  957  procedures, standards applicable to environmental or public
  958  water supply laboratories, and compliance.
  959         Section 22. Subsection (9) of section 381.00593, Florida
  960  Statutes, is renumbered as subsection (8), and present
  961  subsection (8) of that section is amended to read:
  962         381.00593 Public school volunteer health care practitioner
  963  program.—
  964         (8) The Department of Health, in cooperation with the
  965  Department of Education, may adopt rules necessary to implement
  966  this section. The rules shall include the forms to be completed
  967  and procedures to be followed by applicants and school personnel
  968  under the program.
  969         Section 23. Subsections (2) through (6) of section
  970  381.0062, Florida Statutes, are renumbered as subsections (1)
  971  through (6), respectively, and present subsection (1) of that
  972  section is amended to read:
  973         381.0062 Supervision; private and certain public water
  974  systems.—
  975         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  976  to protect the public’s health by establishing standards for the
  977  construction, modification, and operation of public and private
  978  water systems to assure consumers that the water provided by
  979  those systems is potable.
  980         Section 24. Subsections (1), (5), (6), and (7) of section
  981  381.0065, Florida Statues, are amended, paragraphs (b) through
  982  (p) of subsection (2) of that section are redesignated as
  983  paragraphs (c) through (q), respectively, a new paragraph (b) is
  984  added to that subsection, paragraph (j) of subsection (3) and
  985  paragraph (n) of subsection (4) of that section are amended, and
  986  paragraphs (w) through (z) are added to subsection (4) of that
  987  section, to read:
  988         381.0065 Onsite sewage treatment and disposal systems;
  989  regulation.—
  990         (1) LEGISLATIVE INTENT.—
  991         (a) It is the intent of the Legislature that proper
  992  management of onsite sewage treatment and disposal systems is
  993  paramount to the health, safety, and welfare of the public. It
  994  is further the intent of the Legislature that the department
  995  shall administer an evaluation program to ensure the operational
  996  condition of the system and identify any failure with the
  997  system.
  998         (b) It is the intent of the Legislature that where a
  999  publicly owned or investor-owned sewerage system is not
 1000  available, the department shall issue permits for the
 1001  construction, installation, modification, abandonment, or repair
 1002  of onsite sewage treatment and disposal systems under conditions
 1003  as described in this section and rules adopted under this
 1004  section. It is further the intent of the Legislature that the
 1005  installation and use of onsite sewage treatment and disposal
 1006  systems not adversely affect the public health or significantly
 1007  degrade the groundwater or surface water.
 1008         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
 1009  term:
 1010         (b)1. “Bedroom” means a room that can be used for sleeping
 1011  and that:
 1012         a. For site-built dwellings, has a minimum of 70 square
 1013  feet of conditioned space;
 1014         b. For manufactured homes, is constructed according to
 1015  standards of the United States Department of Housing and Urban
 1016  Development and has a minimum of 50 square feet of floor area;
 1017         c. Is located along an exterior wall;
 1018         d. Has a closet and a door or an entrance where a door
 1019  could be reasonably installed; and
 1020         e. Has an emergency means of escape and rescue opening to
 1021  the outside.
 1022         2. A room may not be considered a bedroom if it is used to
 1023  access another room except a bathroom or closet.
 1024         3. “Bedroom” does not include a hallway, bathroom, kitchen,
 1025  living room, family room, dining room, den, breakfast nook,
 1026  pantry, laundry room, sunroom, recreation room, media/video
 1027  room, or exercise room.
 1029  department shall:
 1030         (j) Supervise research on, demonstration of, and training
 1031  on the performance, environmental impact, and public health
 1032  impact of onsite sewage treatment and disposal systems within
 1033  this state. Research fees collected under s. 381.0066(2)(k)
 1034  381.0066(2)(l) must be used to develop and fund hands-on
 1035  training centers designed to provide practical information about
 1036  onsite sewage treatment and disposal systems to septic tank
 1037  contractors, master septic tank contractors, contractors,
 1038  inspectors, engineers, and the public and must also be used to
 1039  fund research projects which focus on improvements of onsite
 1040  sewage treatment and disposal systems, including use of
 1041  performance-based standards and reduction of environmental
 1042  impact. Research projects shall be initially approved by the
 1043  technical review and advisory panel and shall be applicable to
 1044  and reflect the soil conditions specific to Florida. Such
 1045  projects shall be awarded through competitive negotiation, using
 1046  the procedures provided in s. 287.055, to public or private
 1047  entities that have experience in onsite sewage treatment and
 1048  disposal systems in Florida and that are principally located in
 1049  Florida. Research projects shall not be awarded to firms or
 1050  entities that employ or are associated with persons who serve on
 1051  either the technical review and advisory panel or the research
 1052  review and advisory committee.
 1053         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 1054  construct, repair, modify, abandon, or operate an onsite sewage
 1055  treatment and disposal system without first obtaining a permit
 1056  approved by the department. The department may issue permits to
 1057  carry out this section, but shall not make the issuance of such
 1058  permits contingent upon prior approval by the Department of
 1059  Environmental Protection, except that the issuance of a permit
 1060  for work seaward of the coastal construction control line
 1061  established under s. 161.053 shall be contingent upon receipt of
 1062  any required coastal construction control line permit from the
 1063  Department of Environmental Protection. A construction permit is
 1064  valid for 18 months from the issuance date and may be extended
 1065  by the department for one 90-day period under rules adopted by
 1066  the department. A repair permit is valid for 90 days from the
 1067  date of issuance. An operating permit must be obtained prior to
 1068  the use of any aerobic treatment unit or if the establishment
 1069  generates commercial waste. Buildings or establishments that use
 1070  an aerobic treatment unit or generate commercial waste shall be
 1071  inspected by the department at least annually to assure
 1072  compliance with the terms of the operating permit. The operating
 1073  permit for a commercial wastewater system is valid for 1 year
 1074  from the date of issuance and must be renewed annually. The
 1075  operating permit for an aerobic treatment unit is valid for 2
 1076  years from the date of issuance and must be renewed every 2
 1077  years. If all information pertaining to the siting, location,
 1078  and installation conditions or repair of an onsite sewage
 1079  treatment and disposal system remains the same, a construction
 1080  or repair permit for the onsite sewage treatment and disposal
 1081  system may be transferred to another person, if the transferee
 1082  files, within 60 days after the transfer of ownership, an
 1083  amended application providing all corrected information and
 1084  proof of ownership of the property. There is no fee associated
 1085  with the processing of this supplemental information. A person
 1086  may not contract to construct, modify, alter, repair, service,
 1087  abandon, or maintain any portion of an onsite sewage treatment
 1088  and disposal system without being registered under part III of
 1089  chapter 489. A property owner who personally performs
 1090  construction, maintenance, or repairs to a system serving his or
 1091  her own owner-occupied single-family residence is exempt from
 1092  registration requirements for performing such construction,
 1093  maintenance, or repairs on that residence, but is subject to all
 1094  permitting requirements. A municipality or political subdivision
 1095  of the state may not issue a building or plumbing permit for any
 1096  building that requires the use of an onsite sewage treatment and
 1097  disposal system unless the owner or builder has received a
 1098  construction permit for such system from the department. A
 1099  building or structure may not be occupied and a municipality,
 1100  political subdivision, or any state or federal agency may not
 1101  authorize occupancy until the department approves the final
 1102  installation of the onsite sewage treatment and disposal system.
 1103  A municipality or political subdivision of the state may not
 1104  approve any change in occupancy or tenancy of a building that
 1105  uses an onsite sewage treatment and disposal system until the
 1106  department has reviewed the use of the system with the proposed
 1107  change, approved the change, and amended the operating permit.
 1108         (n) Evaluations for determining the seasonal high-water
 1109  table elevations or the suitability of soils for the use of a
 1110  new onsite sewage treatment and disposal system shall be
 1111  performed by department personnel, professional engineers
 1112  registered in the state, or such other persons with expertise,
 1113  as defined by rule, in making such evaluations. Evaluations for
 1114  determining mean annual flood lines shall be performed by those
 1115  persons identified in paragraph (2)(j) (2)(i). The department
 1116  shall accept evaluations submitted by professional engineers and
 1117  such other persons as meet the expertise established by this
 1118  section or by rule unless the department has a reasonable
 1119  scientific basis for questioning the accuracy or completeness of
 1120  the evaluation.
 1121         (w) Any permit issued and approved by the department for
 1122  the installation, modification, or repair of an onsite sewage
 1123  treatment and disposal system shall transfer with the title to
 1124  the property in a real estate transaction. A title may not be
 1125  encumbered at the time of transfer by new permit requirements by
 1126  a governmental entity for an onsite sewage treatment and
 1127  disposal system which differ from the permitting requirements in
 1128  effect at the time the system was permitted, modified, or
 1129  repaired. No inspection of a system shall be mandated by any
 1130  governmental entity at the point of sale in a real estate
 1131  transaction.
 1132         (x)1. An onsite sewage treatment and disposal system is not
 1133  considered abandoned if the system is disconnected from a
 1134  structure that was made unusable or destroyed following a
 1135  disaster and was properly functioning at the time of
 1136  disconnection and not adversely affected by the disaster. The
 1137  onsite sewage treatment and disposal system may be reconnected
 1138  to a rebuilt structure if:
 1139         a. The reconnection of the system is to the same type of
 1140  structure which contains the same number of bedrooms or less,
 1141  provided the square footage of the structure is less than or
 1142  equal to 110 percent of the original square footage of the
 1143  structure that existed prior to the disaster;
 1144         b. The system is not a sanitary nuisance; and
 1145         c. The system has not been altered without prior
 1146  authorization.
 1147         2. An onsite sewage treatment and disposal system that
 1148  serves a property that is foreclosed upon is not considered
 1149  abandoned.
 1150         (y) If an onsite sewage treatment and disposal system
 1151  permittee receives, relies upon, and undertakes construction of
 1152  a system based upon a validly issued construction permit under
 1153  rules applicable at the time of construction but a change to a
 1154  rule occurs within 5 years after the approval of the system for
 1155  construction but before the final approval of the system, the
 1156  rules applicable and in effect at the time of construction
 1157  approval apply at the time of final approval if fundamental site
 1158  conditions have not changed between the time of construction
 1159  approval and final approval.
 1160         (z) A modification, replacement, or upgrade of an onsite
 1161  sewage treatment and disposal system is not required for a
 1162  remodeling addition to a single-family home if a bedroom is not
 1163  added.
 1165         (a) Beginning July 1, 2011, the department shall administer
 1166  an onsite sewage treatment and disposal system evaluation
 1167  program for the purpose of assessing the fundamental operational
 1168  condition of systems and identifying any failures within the
 1169  systems. The department shall adopt rules implementing the
 1170  program standards, procedures, and requirements, including, but
 1171  not limited to, a schedule for a 5-year evaluation cycle,
 1172  requirements for the pump-out of a system or repair of a failing
 1173  system, enforcement procedures for failure of a system owner to
 1174  obtain an evaluation of the system, and failure of a contractor
 1175  to timely submit evaluation results to the department and the
 1176  system owner. The department shall ensure statewide
 1177  implementation of the evaluation and assessment program by
 1178  January 1, 2016.
 1179         (b) Owners of an onsite sewage treatment and disposal
 1180  system, excluding a system that is required to obtain an
 1181  operating permit, shall have the system evaluated at least once
 1182  every 5 years to assess the fundamental operational condition of
 1183  the system, and identify any failure within the system.
 1184         (c) All evaluation procedures must be documented and
 1185  nothing in this subsection limits the amount of detail an
 1186  evaluator may provide at his or her professional discretion. The
 1187  evaluation must include a tank and drainfield evaluation, a
 1188  written assessment of the condition of the system, and, if
 1189  necessary, a disclosure statement pursuant to the department’s
 1190  procedure.
 1191         (d)1. Systems being evaluated that were installed prior to
 1192  January 1, 1983, shall meet a minimum 6-inch separation from the
 1193  bottom of the drainfield to the wettest season water table
 1194  elevation as defined by department rule. All drainfield repairs,
 1195  replacements or modifications to systems installed prior to
 1196  January 1, 1983, shall meet a minimum 12-inch separation from
 1197  the bottom of the drainfield to the wettest season water table
 1198  elevation as defined by department rule.
 1199         2. Systems being evaluated that were installed on or after
 1200  January 1, 1983, shall meet a minimum 12-inch separation from
 1201  the bottom of the drainfield to the wettest season water table
 1202  elevation as defined by department rule. All drainfield repairs,
 1203  replacements or modification to systems developed on or after
 1204  January 1, 1983, shall meet a minimum 24-inch separation from
 1205  the bottom of the drainfield to the wettest season water table
 1206  elevation.
 1207         (e) If documentation of a tank pump-out or a permitted new
 1208  installation, repair, or modification of the system within the
 1209  previous 5 years is provided, and states the capacity of the
 1210  tank and indicates that the condition of the tank is not a
 1211  sanitary or public health nuisance pursuant to department rule,
 1212  a pump-out of the system is not required.
 1213         (f) Owners are responsible for paying the cost of any
 1214  required pump-out, repair, or replacement pursuant to department
 1215  rule, and may not request partial evaluation or the omission of
 1216  portions of the evaluation.
 1217         (g) Each evaluation or pump-out required under this
 1218  subsection must be performed by a septic tank contractor or
 1219  master septic tank contractor registered under part III of
 1220  chapter 489, a professional engineer with wastewater treatment
 1221  system experience licensed pursuant to chapter 471, or an
 1222  environmental health professional certified under chapter 381 in
 1223  the area of onsite sewage treatment and disposal system
 1224  evaluation.
 1225         (h) The evaluation report fee collected pursuant to s.
 1226  381.0066(2)(b) shall be remitted to the department by the
 1227  evaluator at the time the report is submitted.
 1228         (i) Prior to any evaluation deadline, the department must
 1229  provide a minimum of 60 days’ notice to owners that their
 1230  systems must be evaluated by that deadline. The department may
 1231  include a copy of any homeowner educational materials developed
 1232  pursuant to this section which provides information on the
 1233  proper maintenance of onsite sewage treatment and disposal
 1234  systems.
 1236         (a) Department personnel who have reason to believe
 1237  noncompliance exists, may at any reasonable time, enter the
 1238  premises permitted under ss. 381.0065-381.0066, or the business
 1239  premises of any septic tank contractor or master septic tank
 1240  contractor registered under part III of chapter 489, or any
 1241  premises that the department has reason to believe is being
 1242  operated or maintained not in compliance, to determine
 1243  compliance with the provisions of this section, part I of
 1244  chapter 386, or part III of chapter 489 or rules or standards
 1245  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 1246  part III of chapter 489. As used in this paragraph, the term
 1247  “premises” does not include a residence or private building. To
 1248  gain entry to a residence or private building, the department
 1249  must obtain permission from the owner or occupant or secure an
 1250  inspection warrant from a court of competent jurisdiction.
 1251         (b)1. The department may issue citations that may contain
 1252  an order of correction or an order to pay a fine, or both, for
 1253  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 1254  part III of chapter 489 or the rules adopted by the department,
 1255  when a violation of these sections or rules is enforceable by an
 1256  administrative or civil remedy, or when a violation of these
 1257  sections or rules is a misdemeanor of the second degree. A
 1258  citation issued under ss. 381.0065-381.0067, part I of chapter
 1259  386, or part III of chapter 489 constitutes a notice of proposed
 1260  agency action.
 1261         2. A citation must be in writing and must describe the
 1262  particular nature of the violation, including specific reference
 1263  to the provisions of law or rule allegedly violated.
 1264         3. The fines imposed by a citation issued by the department
 1265  may not exceed $500 for each violation. Each day the violation
 1266  exists constitutes a separate violation for which a citation may
 1267  be issued.
 1268         4. The department shall inform the recipient, by written
 1269  notice pursuant to ss. 120.569 and 120.57, of the right to an
 1270  administrative hearing to contest the citation within 21 days
 1271  after the date the citation is received. The citation must
 1272  contain a conspicuous statement that if the recipient fails to
 1273  pay the fine within the time allowed, or fails to appear to
 1274  contest the citation after having requested a hearing, the
 1275  recipient has waived the recipient’s right to contest the
 1276  citation and must pay an amount up to the maximum fine.
 1277         5. The department may reduce or waive the fine imposed by
 1278  the citation. In determining whether to reduce or waive the
 1279  fine, the department must consider the gravity of the violation,
 1280  the person’s attempts at correcting the violation, and the
 1281  person’s history of previous violations including violations for
 1282  which enforcement actions were taken under ss. 381.0065
 1283  381.0067, part I of chapter 386, part III of chapter 489, or
 1284  other provisions of law or rule.
 1285         6. Any person who willfully refuses to sign and accept a
 1286  citation issued by the department commits a misdemeanor of the
 1287  second degree, punishable as provided in s. 775.082 or s.
 1288  775.083.
 1289         7. The department, pursuant to ss. 381.0065-381.0067, part
 1290  I of chapter 386, or part III of chapter 489, shall deposit any
 1291  fines it collects in the county health department trust fund for
 1292  use in providing services specified in those sections.
 1293         8. This section provides an alternative means of enforcing
 1294  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 1295  chapter 489. This section does not prohibit the department from
 1296  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 1297  III of chapter 489, or its rules, by any other means. However,
 1298  the department must elect to use only a single method of
 1299  enforcement for each violation.
 1300         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 1301  January 1, 2016, the land application of septage from onsite
 1302  sewage treatment and disposal systems is prohibited. By February
 1303  1, 2011, the department, in consultation with the Department of
 1304  Environmental Protection, shall provide a report to the
 1305  Governor, the President of the Senate, and the Speaker of the
 1306  House of Representatives, recommending alternative methods to
 1307  establish enhanced treatment levels for the land application of
 1308  septage from onsite sewage and disposal systems. The report
 1309  shall include, but is not limited to, a schedule for the
 1310  reduction in land application, appropriate treatment levels,
 1311  alternative methods for treatment and disposal, enhanced
 1312  application site permitting requirements including any
 1313  requirements for nutrient management plans, and the range of
 1314  costs to local governments, affected businesses, and individuals
 1315  for alternative treatment and disposal methods. The report shall
 1316  also include any recommendations for legislation or rule
 1317  authority needed to reduce land application of septage.
 1318         Section 25. Section 381.00651, Florida Statutes, is created
 1319  to read:
 1320         381.00651 Periodic evaluation and assessment of onsite
 1321  sewage treatment and disposal systems.—
 1322         (1) For the purposes of this section, the term “first
 1323  magnitude spring” means a spring that has a median water
 1324  discharge of greater than or equal to 100 cubic feet per second
 1325  for the period of record, as determined by the Department of
 1326  Environmental Protection.
 1327         (2) A county or municipality that contains a first
 1328  magnitude spring shall, by no later than January 1, 2013,
 1329  develop and adopt by local ordinance an onsite sewage treatment
 1330  and disposal system evaluation and assessment program that meets
 1331  the requirements of this section. The ordinance may apply within
 1332  all or part of its geographic area. Those counties or
 1333  municipalities containing a first magnitude spring which have
 1334  already adopted an onsite sewage treatment and disposal system
 1335  evaluation and assessment program and which meet the
 1336  grandfathering requirements contained in this section, or have
 1337  chosen to opt out of this section in the manner provided herein,
 1338  are exempt from the requirement to adopt an ordinance
 1339  implementing an evaluation and assessment program. The governing
 1340  body of a local government that chooses to opt out of this
 1341  section, by a majority plus one vote of the members of the
 1342  governing board, shall do so by adopting a resolution that
 1343  indicates an intent on the part of such local government not to
 1344  adopt an onsite sewage treatment and disposal system evaluation
 1345  and assessment program. Such resolution shall be addressed and
 1346  transmitted to the Secretary of State. Absent an interlocal
 1347  agreement or county charter provision to the contrary, a
 1348  municipality may elect to opt out of the requirements of this
 1349  section, by a majority plus one vote of the members of the
 1350  governing board, notwithstanding a contrary decision of the
 1351  governing body of a county. Any local government that has
 1352  properly opted out of this section but subsequently chooses to
 1353  adopt an evaluation and assessment program may do so only
 1354  pursuant to the requirements of this section and may not deviate
 1355  from such requirements.
 1356         (3)Any county or municipality that does not contain a
 1357  first magnitude spring may at any time develop and adopt by
 1358  local ordinance an onsite sewage treatment and disposal system
 1359  evaluation and assessment program, provided such program meets
 1360  and does not deviate from the requirements of this section.
 1361         (4)Notwithstanding any other provision in this section, a
 1362  county or municipality that has adopted a program before July 1,
 1363  2011, may continue to enforce its current program without having
 1364  to meet the requirements of this section, provided such program
 1365  does not require an evaluation at the point of sale in a real
 1366  estate transaction.
 1367         (5)Any county or municipality may repeal an ordinance
 1368  adopted pursuant to this section only if the county or
 1369  municipality notifies the Secretary of State by letter of the
 1370  repeal. A county or municipality may not adopt an onsite sewage
 1371  treatment and disposal system evaluation and assessment program
 1372  except pursuant to this section.
 1373         (6)The requirements for an onsite sewage treatment and
 1374  disposal system evaluation and assessment program are as
 1375  follows:
 1376         (a) Evaluations.—An evaluation of each onsite sewage
 1377  treatment and disposal system within all or part of the county’s
 1378  or municipality’s jurisdiction must take place once every 5
 1379  years to assess the fundamental operational condition of the
 1380  system and to identify system failures. The ordinance may not
 1381  mandate an evaluation at the point of sale in a real estate
 1382  transaction and may not require a soil examination. The location
 1383  of the system shall be identified. A tank and drainfield
 1384  evaluation and a written assessment of the overall condition of
 1385  the system pursuant to the assessment procedure prescribed in
 1386  subsection (7) are required.
 1387         (b) Qualified contractors.—Each evaluation required under
 1388  this subsection must be performed by a qualified contractor, who
 1389  may be a septic tank contractor or master septic tank contractor
 1390  registered under part III of chapter 489, a professional
 1391  engineer having wastewater treatment system experience and
 1392  licensed under chapter 471, or an environmental health
 1393  professional certified under this chapter in the area of onsite
 1394  sewage treatment and disposal system evaluation. Evaluations and
 1395  pump-outs may also be performed by an authorized employee
 1396  working under the supervision of an individual listed in this
 1397  paragraph; however, all evaluation forms must be signed by a
 1398  qualified contractor in writing or by electronic signature.
 1399         (c) Repair of systems.—The local ordinance may not require
 1400  a repair, modification, or replacement of a system as a result
 1401  of an evaluation unless the evaluation identifies a system
 1402  failure. For purposes of this subsection, the term “system
 1403  failure” means a condition existing within an onsite sewage
 1404  treatment and disposal system which results in the discharge of
 1405  untreated or partially treated wastewater onto the ground
 1406  surface or into surface water or that results in the failure of
 1407  building plumbing to discharge properly and presents a sanitary
 1408  nuisance. A system is not in failure if the system does not have
 1409  a minimum separation distance between the drainfield and the
 1410  wettest season water table or if an obstruction in a sanitary
 1411  line or an effluent screen or filter prevents effluent from
 1412  flowing into a drainfield. If a system failure is identified and
 1413  several allowable remedial measures are available to resolve the
 1414  failure, the system owner may choose the least costly allowable
 1415  remedial measure to fix the system. There may be instances in
 1416  which a pump-out is sufficient to resolve a system failure.
 1417  Allowable remedial measures to resolve a system failure are
 1418  limited to what is necessary to resolve the failure and must
 1419  meet, to the maximum extent practicable, the requirements of the
 1420  repair code in effect when the repair is made, subject to the
 1421  exceptions specified in s. 381.0065(4)(g). An engineer-designed
 1422  performance-based treatment system to reduce nutrients may not
 1423  be required as an alternative remediation measure to resolve the
 1424  failure of a conventional system.
 1425         (d) Exemptions.
 1426         1. The local ordinance shall exempt from the evaluation
 1427  requirements any system that is required to obtain an operating
 1428  permit pursuant to state law or that is inspected by the
 1429  department pursuant to the annual permit inspection requirements
 1430  of chapter 513.
 1431         2. The local ordinance may provide for an exemption or an
 1432  extension of time to obtain an evaluation and assessment if
 1433  connection to a sewer system is available, connection to the
 1434  sewer system is imminent, and written arrangements for payment
 1435  of any utility assessments or connection fees have been made by
 1436  the system owner.
 1437         3. An onsite sewage treatment and disposal system serving a
 1438  residential dwelling unit on a lot with a ratio of one bedroom
 1439  per acre or greater is exempt from the requirements of this
 1440  section and may not be included in any onsite sewage treatment
 1441  and disposal system inspection program.
 1442         (7) The following procedures shall be used for conducting
 1443  evaluations:
 1444         (a) Tank evaluation.—The tank evaluation shall assess the
 1445  apparent structural condition and watertightness of the tank and
 1446  shall estimate the size of the tank. The evaluation must include
 1447  a pump-out. However, an ordinance may not require a pump-out if
 1448  there is documentation indicating that a tank pump-out or a
 1449  permitted new installation, repair, or modification of the
 1450  system has occurred within the previous 5 years, identifying the
 1451  capacity of the tank, and indicating that the condition of the
 1452  tank is structurally sound and watertight. Visual inspection of
 1453  the tank must be made when the tank is empty to detect cracks,
 1454  leaks, or other defects. Baffles or tees must be checked to
 1455  ensure that they are intact and secure. The evaluation shall
 1456  note the presence and condition of outlet devices, effluent
 1457  filters, and compartment walls; any structural defect in the
 1458  tank; the condition and fit of the tank lid, including manholes;
 1459  whether surface water can infiltrate the tank; and whether the
 1460  tank was pumped out. If the tank, in the opinion of the
 1461  qualified contractor, is in danger of being damaged by leaving
 1462  the tank empty after inspection, the tank shall be refilled
 1463  before concluding the inspection. Broken or damaged lids or
 1464  manholes shall be replaced without obtaining a repair permit.
 1465         (b) Drainfield evaluation.—The drainfield evaluation must
 1466  include a determination of the approximate size and location of
 1467  the drainfield. The evaluation shall state whether there is any
 1468  sewage or effluent visible on the ground or discharging to a
 1469  ditch or other water body and the location of any downspout or
 1470  other source of water near or in the vicinity of the drainfield.
 1471         (c) Special circumstances.—If the system contains pumps,
 1472  siphons, or alarms, the following information may be provided at
 1473  the request of the homeowner:
 1474         1. An assessment of dosing tank integrity, including the
 1475  approximate volume and the type of material used in the tank’s
 1476  construction;
 1477         2. Whether the pump is elevated off the bottom of the
 1478  chamber and its operational status;
 1479         3. Whether the system has a check valve and purge hole; and
 1480         4. Whether the system has a high-water alarm, and if so
 1481  whether the alarm is audio or visual or both, the location and
 1482  operational condition of the alarm, and whether the electrical
 1483  connections to the alarm appear satisfactory.
 1485  If the homeowner does not request this information, the
 1486  qualified contractor and its employee are not liable for any
 1487  damages directly relating from a failure of the system’s pumps,
 1488  siphons, or alarms. This exclusion of liability must be stated
 1489  on the front cover of the report required under paragraph (d).
 1490         (d) Assessment procedure.—All evaluation procedures used by
 1491  a qualified contractor shall be documented in the environmental
 1492  health database of the Department of Health. The qualified
 1493  contractor shall provide a copy of a written, signed evaluation
 1494  report to the property owner upon completion of the evaluation
 1495  and to the county health department within 30 days after the
 1496  evaluation. The report shall contain the name and license number
 1497  of the company providing the report. A copy of the evaluation
 1498  report shall be retained by the local county health department
 1499  for a minimum of 5 years and until a subsequent inspection
 1500  report is filed. The front cover of the report must identify any
 1501  system failure and include a clear and conspicuous notice to the
 1502  owner that the owner has a right to have any remediation of the
 1503  failure performed by a qualified contractor other than the
 1504  contractor performing the evaluation. The report must further
 1505  identify any crack, leak, improper fit, or other defect in the
 1506  tank, manhole, or lid, and any other damaged or missing
 1507  component; any sewage or effluent visible on the ground or
 1508  discharging to a ditch or other surface water body; any
 1509  downspout, stormwater, or other source of water directed onto or
 1510  toward the system; and any other maintenance need or condition
 1511  of the system at the time of the evaluation which, in the
 1512  opinion of the qualified contractor, would possibly interfere
 1513  with or restrict any future repair or modification to the
 1514  existing system. The report shall conclude with an overall
 1515  assessment of the fundamental operational condition of the
 1516  system.
 1517         (8) The county health department shall administer any
 1518  evaluation program on behalf of a county, or a municipality
 1519  within the county, that has adopted an evaluation program
 1520  pursuant to this section. In order to administer the evaluation
 1521  program, the county or municipality, in consultation with the
 1522  county health department, may develop a reasonable fee schedule
 1523  to be used solely to pay for the costs of administering the
 1524  evaluation program. Such a fee schedule shall be identified in
 1525  the ordinance that adopts the evaluation program. When arriving
 1526  at a reasonable fee schedule, the estimated annual revenues to
 1527  be derived from fees may not exceed reasonable estimated annual
 1528  costs of the program. Fees shall be assessed to the system owner
 1529  during an inspection and separately identified on the invoice of
 1530  the qualified contractor. Fees shall be remitted by the
 1531  qualified contractor to the county health department. The county
 1532  health department’s administrative responsibilities include the
 1533  following:
 1534         (a) Providing a notice to the system owner at least 60 days
 1535  before the system is due for an evaluation. The notice may
 1536  include information on the proper maintenance of onsite sewage
 1537  treatment and disposal systems.
 1538         (b) In consultation with the Department of Health,
 1539  providing uniform disciplinary procedures and penalties for
 1540  qualified contractors who do not comply with the requirements of
 1541  the adopted ordinance, including, but not limited to, failure to
 1542  provide the evaluation report as required in this subsection to
 1543  the system owner and the county health department. Only the
 1544  county health department may assess penalties against system
 1545  owners for failure to comply with the adopted ordinance,
 1546  consistent with existing requirements of law.
 1547         (9)(a) A county or municipality that adopts an onsite
 1548  sewage treatment and disposal system evaluation and assessment
 1549  program pursuant to this section shall notify the Secretary of
 1550  Environmental Protection, the Department of Health, and the
 1551  applicable county health department upon the adoption of its
 1552  ordinance establishing the program.
 1553         (b) Upon receipt of the notice under paragraph (a), the
 1554  Department of Environmental Protection shall, within existing
 1555  resources, notify the county or municipality of the potential
 1556  use of, and access to, program funds under the Clean Water State
 1557  Revolving Fund or s. 319 of the Clean Water Act, provide
 1558  guidance in the application process to receive such moneys, and
 1559  provide advice and technical assistance to the county or
 1560  municipality on how to establish a low-interest revolving loan
 1561  program or how to model a revolving loan program after the low
 1562  interest loan program of the Clean Water State Revolving Fund.
 1563  This paragraph does not obligate the Department of Environmental
 1564  Protection to provide any county or municipality with money to
 1565  fund such programs.
 1566         (c) The Department of Health may not adopt any rule that
 1567  alters the provisions of this section.
 1568         (d) The Department of Health must allow county health
 1569  departments and qualified contractors access to the
 1570  environmental health database to track relevant information and
 1571  assimilate data from assessment and evaluation reports of the
 1572  overall condition of onsite sewage treatment and disposal
 1573  systems. The environmental health database must be used by
 1574  contractors to report each service and evaluation event and by a
 1575  county health department to notify owners of onsite sewage
 1576  treatment and disposal systems when evaluations are due. Data
 1577  and information must be recorded and updated as service and
 1578  evaluations are conducted and reported.
 1579         (10) This section does not:
 1580         (a) Limit county and municipal home rule authority to act
 1581  outside the scope of the evaluation and assessment program set
 1582  forth in this section;
 1583         (b) Repeal or affect any other law relating to the subject
 1584  matter of onsite sewage treatment and disposal systems; or
 1585         (c) Prohibit a county or municipality from:
 1586         1. Enforcing existing ordinances or adopting new ordinances
 1587  relating to onsite sewage treatment facilities to address public
 1588  health and safety if such ordinances do not repeal, suspend, or
 1589  alter the requirements or limitations of this section.
 1590         2. Adopting local environmental and pollution abatement
 1591  ordinances for water quality improvement as provided for by law
 1592  if such ordinances do not repeal, suspend, or alter the
 1593  requirements or limitations of this section.
 1594         3. Exercising its independent and existing authority to
 1595  meet the requirements of s. 381.0065.
 1596         Section 26. Section 381.00656, Florida Statutes, is
 1597  repealed.
 1598         Section 27. Subsection (2) of section 381.0066, Florida
 1599  Statutes, is amended to read:
 1600         381.0066 Onsite sewage treatment and disposal systems;
 1601  fees.—
 1602         (2) The minimum fees in the following fee schedule apply
 1603  until changed by rule by the department within the following
 1604  limits:
 1605         (a) Application review, permit issuance, or system
 1606  inspection, including repair of a subsurface, mound, filled, or
 1607  other alternative system or permitting of an abandoned system: a
 1608  fee of not less than $25, or more than $125.
 1609         (b) A 5-year evaluation report submitted pursuant to s.
 1610  381.0065(5): a fee not less than $15, or more than $30. At least
 1611  $1 and no more than $5 collected pursuant to this paragraph
 1612  shall be used to fund a grant program established under s.
 1613  381.00656.
 1614         (b)(c) Site evaluation, site reevaluation, evaluation of a
 1615  system previously in use, or a per annum septage disposal site
 1616  evaluation: a fee of not less than $40, or more than $115.
 1617         (c)(d) Biennial Operating permit for aerobic treatment
 1618  units or performance-based treatment systems: a fee of not more
 1619  than $100.
 1620         (d)(e) Annual operating permit for systems located in areas
 1621  zoned for industrial manufacturing or equivalent uses or where
 1622  the system is expected to receive wastewater which is not
 1623  domestic in nature: a fee of not less than $150, or more than
 1624  $300.
 1625         (e)(f) Innovative technology: a fee not to exceed $25,000.
 1626         (f)(g) Septage disposal service, septage stabilization
 1627  facility, portable or temporary toilet service, tank
 1628  manufacturer inspection: a fee of not less than $25, or more
 1629  than $200, per year.
 1630         (g)(h) Application for variance: a fee of not less than
 1631  $150, or more than $300.
 1632         (h)(i) Annual operating permit for waterless, incinerating,
 1633  or organic waste composting toilets: a fee of not less than $15
 1634  $50, or more than $30 $150.
 1635         (i)(j) Aerobic treatment unit or performance-based
 1636  treatment system maintenance entity permit: a fee of not less
 1637  than $25, or more than $150, per year.
 1638         (j)(k) Reinspection fee per visit for site inspection after
 1639  system construction approval or for noncompliant system
 1640  installation per site visit: a fee of not less than $25, or more
 1641  than $100.
 1642         (k)(l) Research: An additional $5 fee shall be added to
 1643  each new system construction permit issued to be used to fund
 1644  onsite sewage treatment and disposal system research,
 1645  demonstration, and training projects. Five dollars from any
 1646  repair permit fee collected under this section shall be used for
 1647  funding the hands-on training centers described in s.
 1648  381.0065(3)(j).
 1649         (l)(m) Annual operating permit, including annual inspection
 1650  and any required sampling and laboratory analysis of effluent,
 1651  for an engineer-designed performance-based system: a fee of not
 1652  less than $150, or more than $300.
 1654  On or before January 1, 2011, the Surgeon General, after
 1655  consultation with the Revenue Estimating Conference, shall
 1656  determine a revenue neutral fee schedule for services provided
 1657  pursuant to s. 381.0065(5) within the parameters set in
 1658  paragraph (b). Such determination is not subject to the
 1659  provisions of chapter 120. The funds collected pursuant to this
 1660  subsection must be deposited in a trust fund administered by the
 1661  department, to be used for the purposes stated in this section
 1662  and ss. 381.0065 and 381.00655.
 1663         Section 28. Section 381.0068, Florida Statutes, is amended
 1664  to read:
 1665         381.0068 Technical review and advisory panel.—
 1666         (1) The Department of Health shall, by July 1, 1996,
 1667  establish and staff a technical review and advisory panel to
 1668  assist the department with rule adoption.
 1669         (2) The primary purpose of the panel is to assist the
 1670  department in rulemaking and decisionmaking by drawing on the
 1671  expertise of representatives from several groups that are
 1672  affected by onsite sewage treatment and disposal systems. The
 1673  panel may also review and comment on any legislation or any
 1674  existing or proposed state policy or issue related to onsite
 1675  sewage treatment and disposal systems. If requested by the
 1676  panel, the chair will advise any affected person or member of
 1677  the Legislature of the panel’s position on the legislation or
 1678  any existing or proposed state policy or issue. The chair may
 1679  also take such other action as is appropriate to allow the panel
 1680  to function. At a minimum, the panel shall consist of a soil
 1681  scientist; a professional engineer registered in this state who
 1682  is recommended by the Florida Engineering Society and who has
 1683  work experience in onsite sewage treatment and disposal systems;
 1684  two representatives from the home-building industry recommended
 1685  by the Florida Home Builders Association, including one who is a
 1686  developer in this state who develops lots using onsite sewage
 1687  treatment and disposal systems; a representative from the county
 1688  health departments who has experience permitting and inspecting
 1689  the installation of onsite sewage treatment and disposal systems
 1690  in this state; a representative from the real estate industry
 1691  who is recommended by the Florida Association of Realtors; a
 1692  consumer representative with a science background; two
 1693  representatives of the septic tank industry recommended by the
 1694  Florida Onsite Wastewater Association, including one who is a
 1695  manufacturer of onsite sewage treatment and disposal systems; a
 1696  representative from local government who is knowledgeable about
 1697  domestic wastewater treatment and who is recommended by the
 1698  Florida Association of Counties and the Florida League of
 1699  Cities; and a representative from the environmental health
 1700  profession who is recommended by the Florida Environmental
 1701  Health Association and who is not employed by a county health
 1702  department. Members are to be appointed for a term of 2 years.
 1703  The panel may also, as needed, be expanded to include ad hoc,
 1704  nonvoting representatives who have topic-specific expertise. All
 1705  rules proposed by the department which relate to onsite sewage
 1706  treatment and disposal systems must be presented to the panel
 1707  for review and comment prior to adoption. The panel’s position
 1708  on proposed rules shall be made a part of the rulemaking record
 1709  that is maintained by the agency. The panel shall select a
 1710  chair, who shall serve for a period of 1 year and who shall
 1711  direct, coordinate, and execute the duties of the panel. The
 1712  panel shall also solicit input from the department’s variance
 1713  review and advisory committee before submitting any comments to
 1714  the department concerning proposed rules. The panel’s comments
 1715  must include any dissenting points of view concerning proposed
 1716  rules. The panel shall hold meetings as it determines necessary
 1717  to conduct its business, except that the chair, a quorum of the
 1718  voting members of the panel, or the department may call
 1719  meetings. The department shall keep minutes of all meetings of
 1720  the panel. Panel members shall serve without remuneration, but,
 1721  if requested, shall be reimbursed for per diem and travel
 1722  expenses as provided in s. 112.061.
 1723         Section 29. Section 381.00781, Florida Statutes, is amended
 1724  to read:
 1725         381.00781 Fees; disposition.—
 1726         (1) The department shall establish by rule the following
 1727  fees:
 1728         (1)(a)Fee For the initial licensure of a tattoo
 1729  establishment and the renewal of such license, a fee which,
 1730  except as provided in subsection (2), may not to exceed $250 per
 1731  year.
 1732         (2)(b)Fee For licensure of a temporary establishment, a
 1733  fee which, except as provided in subsection (2), may not to
 1734  exceed $250.
 1735         (3)(c)Fee For the initial licensure of a tattoo artist and
 1736  the renewal of such license, a fee which, except as provided in
 1737  subsection (2), may not to exceed $150 per year.
 1738         (4)(d)Fee For registration or reregistration of a guest
 1739  tattoo artist, a fee which, except as provided in subsection
 1740  (2), may not to exceed $45.
 1741         (5)(e)Fee For reactivation of an inactive tattoo
 1742  establishment license or tattoo artist license. A license
 1743  becomes inactive if it is not renewed before the expiration of
 1744  the current license.
 1745         (2) The department may annually adjust the maximum fees
 1746  authorized under subsection (1) according to the rate of
 1747  inflation or deflation indicated by the Consumer Price Index for
 1748  All Urban Consumers, U.S. City Average, All Items, as reported
 1749  by the United States Department of Labor.
 1750         Section 30. Subsection (1) of section 381.0098, Florida
 1751  Statutes, is amended to read:
 1752         381.0098 Biomedical waste.—
 1753         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1754  to protect the public health by establishing standards for the
 1755  safe packaging, transport, storage, treatment, and disposal of
 1756  biomedical waste. Except as otherwise provided herein, the
 1757  Department of Health shall regulate the packaging, transport,
 1758  storage, and treatment of biomedical waste. The Department of
 1759  Environmental Protection shall regulate onsite and offsite
 1760  incineration and disposal of biomedical waste. Consistent with
 1761  the foregoing, the Department of Health shall have the exclusive
 1762  authority to establish treatment efficacy standards for
 1763  biomedical waste and the Department of Environmental Protection
 1764  shall have the exclusive authority to establish statewide
 1765  standards relating to environmental impacts, if any, of
 1766  treatment and disposal including, but not limited to, water
 1767  discharges and air emissions. An interagency agreement between
 1768  the Department of Environmental Protection and the Department of
 1769  Health shall be developed to ensure maximum efficiency in
 1770  coordinating, administering, and regulating biomedical wastes.
 1771         Section 31. Subsections (2) through (8) of section
 1772  381.0101, Florida Statutes, are renumbered as subsection (1)
 1773  through (7), respectively, and present subsections (1), (2),
 1774  (3), and (4) and paragraph (a) of present subsection (5) of that
 1775  section are amended to read:
 1776         381.0101 Environmental health professionals.—
 1777         (1) LEGISLATIVE INTENT.—Persons responsible for providing
 1778  technical and scientific evaluations of environmental health and
 1779  sanitary conditions in business establishments and communities
 1780  throughout the state may create a danger to the public health if
 1781  they are not skilled or competent to perform such evaluations.
 1782  The public relies on the judgment of environmental health
 1783  professionals employed by both government agencies and
 1784  industries to assure them that environmental hazards are
 1785  identified and removed before they endanger the health or safety
 1786  of the public. The purpose of this section is to assure the
 1787  public that persons specifically responsible for performing
 1788  environmental health and sanitary evaluations have been
 1789  certified by examination as competent to perform such work.
 1790         (1)(2) DEFINITIONS.—As used in this section:
 1791         (a) “Board” means the Environmental Health Professionals
 1792  Advisory Board.
 1793         (b) “Department” means the Department of Health.
 1794         (c) “Environmental health” means that segment of public
 1795  health work which deals with the examination of those factors in
 1796  the human environment which may impact adversely on the health
 1797  status of an individual or the public.
 1798         (d) “Environmental health professional” means a person who
 1799  is employed or assigned the responsibility for assessing the
 1800  environmental health or sanitary conditions, as defined by the
 1801  department, within a building, on an individual’s property, or
 1802  within the community at large, and who has the knowledge,
 1803  skills, and abilities to carry out these tasks. Environmental
 1804  health professionals may be either field, supervisory, or
 1805  administrative staff members.
 1806         (e) “Certified” means a person who has displayed competency
 1807  to perform evaluations of environmental or sanitary conditions
 1808  through examination.
 1809         (f) “Registered sanitarian,” “R.S.,” “Registered
 1810  Environmental Health Specialist,” or “R.E.H.S.” means a person
 1811  who has been certified by either the National Environmental
 1812  Health Association or the Florida Environmental Health
 1813  Association as knowledgeable in the environmental health
 1814  profession.
 1815         (g) “Primary environmental health program” means those
 1816  programs determined by the department to be essential for
 1817  providing basic environmental and sanitary protection to the
 1818  public. At a minimum, these programs shall include food
 1819  protection program work and onsite sewage treatment and disposal
 1820  system evaluations.
 1821         (2)(3) CERTIFICATION REQUIRED.—A No person may not shall
 1822  perform environmental health or sanitary evaluations in any
 1823  primary program area of environmental health without being
 1824  certified by the department as competent to perform such
 1825  evaluations. This section does not apply to:
 1826         (a) Persons performing inspections of public food service
 1827  establishments licensed under chapter 509; or
 1828         (b) Persons performing site evaluations in order to
 1829  determine proper placement and installation of onsite wastewater
 1830  treatment and disposal systems who have successfully completed a
 1831  department-approved soils morphology course and who are working
 1832  under the direct responsible charge of an engineer licensed
 1833  under chapter 471.
 1835  The State Health Officer shall appoint an advisory board to
 1836  assist the department in the promulgation of rules for
 1837  certification, testing, establishing standards, and seeking
 1838  enforcement actions against certified professionals.
 1839         (a) The board shall be comprised of the Division Director
 1840  for Emergency Preparedness and Community Support Environmental
 1841  Health or his or her designee, one individual who will be
 1842  certified under this section, one individual not employed in a
 1843  governmental capacity who will or does employ a certified
 1844  environmental health professional, one individual whose business
 1845  is or will be evaluated by a certified environmental health
 1846  professional, a citizen of the state who neither employs nor is
 1847  routinely evaluated by a person certified under this section.
 1848         (b) The board shall advise the department as to the minimum
 1849  disciplinary guidelines and standards of competency and
 1850  proficiency necessary to obtain certification in a primary area
 1851  of environmental health practice.
 1852         1. The board shall recommend primary areas of environmental
 1853  health practice in which environmental health professionals
 1854  should be required to obtain certification.
 1855         2. The board shall recommend minimum standards of practice
 1856  which the department shall incorporate into rule.
 1857         3. The board shall evaluate and recommend to the department
 1858  existing registrations and certifications which meet or exceed
 1859  minimum department standards and should, therefore, exempt
 1860  holders of such certificates or registrations from compliance
 1861  with this section.
 1862         4. The board shall hear appeals of certificate denials,
 1863  revocation, or suspension and shall advise the department as to
 1864  the disposition of such an appeal.
 1865         5. The board shall meet as often as necessary, but no less
 1866  than semiannually, handle appeals to the department, and conduct
 1867  other duties of the board.
 1868         6. Members of the board shall receive no compensation but
 1869  are entitled to reimbursement for per diem and travel expenses
 1870  in accordance with s. 112.061.
 1871         (4)(5) STANDARDS FOR CERTIFICATION.—The department shall
 1872  adopt rules that establish definitions of terms and minimum
 1873  standards of education, training, or experience for those
 1874  persons subject to this section. The rules must also address the
 1875  process for application, examination, issuance, expiration, and
 1876  renewal of certification and ethical standards of practice for
 1877  the profession.
 1878         (a) Persons employed as environmental health professionals
 1879  shall exhibit a knowledge of rules and principles of
 1880  environmental and public health law in Florida through
 1881  examination. A person may not conduct environmental health
 1882  evaluations in a primary program area unless he or she is
 1883  currently certified in that program area or works under the
 1884  direct supervision of a certified environmental health
 1885  professional.
 1886         1. All persons who begin employment in a primary
 1887  environmental health program on or after September 21, 1994,
 1888  must be certified in that program within 6 months after
 1889  employment.
 1890         2. Persons employed in the primary environmental health
 1891  program of a food protection program or an onsite sewage
 1892  treatment and disposal system prior to September 21, 1994, shall
 1893  be considered certified while employed in that position and
 1894  shall be required to adhere to any professional standards
 1895  established by the department pursuant to paragraph (b),
 1896  complete any continuing education requirements imposed under
 1897  paragraph (d), and pay the certificate renewal fee imposed under
 1898  subsection (6) (7).
 1899         3. Persons employed in the primary environmental health
 1900  program of a food protection program or an onsite sewage
 1901  treatment and disposal system prior to September 21, 1994, who
 1902  change positions or program areas and transfer into another
 1903  primary environmental health program area on or after September
 1904  21, 1994, must be certified in that program within 6 months
 1905  after such transfer, except that they will not be required to
 1906  possess the college degree required under paragraph (e).
 1907         4. Registered sanitarians shall be considered certified and
 1908  shall be required to adhere to any professional standards
 1909  established by the department pursuant to paragraph (b).
 1910         Section 32. Section 381.0203, Florida Statutes, is amended
 1911  to read:
 1912         381.0203 Pharmacy services.—
 1913         (1) The department may contract on a statewide basis for
 1914  the purchase of drugs, as defined in s. 499.003, to be used by
 1915  state agencies and political subdivisions, and may adopt rules
 1916  to administer this section.
 1917         (2) The department shall establish and maintain a pharmacy
 1918  services program, including, but not limited to:
 1919         (a) A central pharmacy to support pharmaceutical services
 1920  provided by the county health departments, including
 1921  pharmaceutical repackaging, dispensing, and the purchase and
 1922  distribution of immunizations and other pharmaceuticals.
 1923         (b) Regulation of drugs, cosmetics, and household products
 1924  pursuant to chapter 499.
 1925         (b)(c) Consultation to county health departments as
 1926  required by s. 154.04(1)(c).
 1927         (d) A contraception distribution program which shall be
 1928  implemented, to the extent resources permit, through the
 1929  licensed pharmacies of county health departments. A woman who is
 1930  eligible for participation in the contraceptive distribution
 1931  program is deemed a patient of the county health department.
 1932         1. To be eligible for participation in the program a woman
 1933  must:
 1934         a. Be a client of the department or the Department of
 1935  Children and Family Services.
 1936         b. Be of childbearing age with undesired fertility.
 1937         c. Have an income between 150 and 200 percent of the
 1938  federal poverty level.
 1939         d. Have no Medicaid benefits or applicable health insurance
 1940  benefits.
 1941         e. Have had a medical examination by a licensed health care
 1942  provider within the past 6 months.
 1943         f. Have a valid prescription for contraceptives that are
 1944  available through the contraceptive distribution program.
 1945         g. Consent to the release of necessary medical information
 1946  to the county health department.
 1947         2. Fees charged for the contraceptives under the program
 1948  must cover the cost of purchasing and providing contraceptives
 1949  to women participating in the program.
 1950         3. The department may adopt rules to administer this
 1951  program.
 1952         Section 33. Subsection (1) of section 381.0261, Florida
 1953  Statutes, is amended to read:
 1954         381.0261 Summary of patient’s bill of rights; distribution;
 1955  penalty.—
 1956         (1) The Department of Health shall publish on its Internet
 1957  website Agency for Health Care Administration shall have printed
 1958  and made continuously available to health care facilities
 1959  licensed under chapter 395, physicians licensed under chapter
 1960  458, osteopathic physicians licensed under chapter 459, and
 1961  podiatric physicians licensed under chapter 461 a summary of the
 1962  Florida Patient’s Bill of Rights and Responsibilities. In
 1963  adopting and making available to patients the summary of the
 1964  Florida Patient’s Bill of Rights and Responsibilities, health
 1965  care providers and health care facilities are not limited to the
 1966  format in which the department publishes Agency for Health Care
 1967  Administration prints and distributes the summary.
 1968         Section 34. Section 381.0301, Florida Statutes, is
 1969  repealed.
 1970         Section 35. Section 381.0302, Florida Statutes, is
 1971  repealed.
 1972         Section 36. Subsection (5) of section 381.0303, Florida
 1973  Statutes, is amended to read:
 1974         381.0303 Special needs shelters.—
 1976  Surgeon General may establish a special needs shelter
 1977  interagency committee and serve as, or appoint a designee to
 1978  serve as, the committee’s chair. The department shall provide
 1979  any necessary staff and resources to support the committee in
 1980  the performance of its duties. The committee shall address and
 1981  resolve problems related to special needs shelters not addressed
 1982  in the state comprehensive emergency medical plan and shall
 1983  consult on the planning and operation of special needs shelters.
 1984         (a) The committee shall:
 1985         1. develop, negotiate, and regularly review any necessary
 1986  interagency agreements, and.
 1987         2. undertake other such activities as the department deems
 1988  necessary to facilitate the implementation of this section.
 1989         3. Submit recommendations to the Legislature as necessary.
 1990         (b) The special needs shelter interagency committee shall
 1991  be composed of representatives of emergency management, health,
 1992  medical, and social services organizations. Membership shall
 1993  include, but shall not be limited to, representatives of the
 1994  Departments of Health, Children and Family Services, Elderly
 1995  Affairs, and Education; the Agency for Health Care
 1996  Administration; the Division of Emergency Management; the
 1997  Florida Medical Association; the Florida Osteopathic Medical
 1998  Association; Associated Home Health Industries of Florida, Inc.;
 1999  the Florida Nurses Association; the Florida Health Care
 2000  Association; the Florida Assisted Living Affiliation; the
 2001  Florida Hospital Association; the Florida Statutory Teaching
 2002  Hospital Council; the Florida Association of Homes for the
 2003  Aging; the Florida Emergency Preparedness Association; the
 2004  American Red Cross; Florida Hospices and Palliative Care, Inc.;
 2005  the Association of Community Hospitals and Health Systems; the
 2006  Florida Association of Health Maintenance Organizations; the
 2007  Florida League of Health Systems; the Private Care Association;
 2008  the Salvation Army; the Florida Association of Aging Services
 2009  Providers; the AARP; and the Florida Renal Coalition.
 2010         (c) Meetings of the committee shall be held in Tallahassee,
 2011  and members of the committee shall serve at the expense of the
 2012  agencies or organizations they represent. The committee shall
 2013  make every effort to use teleconference or videoconference
 2014  capabilities in order to ensure statewide input and
 2015  participation.
 2016         Section 37. Section 381.04015, Florida Statutes, is
 2017  repealed.
 2018         Section 38. Subsections (2), (3), and (4) of section
 2019  381.0403, Florida Statutes, are amended to read:
 2020         381.0403 The Community Hospital Education Act.—
 2022         (a) It is the intent of the Legislature that health care
 2023  services for the citizens of this state be upgraded and that a
 2024  program for continuing these services be maintained through a
 2025  plan for community medical education. The A program is intended
 2026  established to plan for community medical education, provide
 2027  additional outpatient and inpatient services, increase the a
 2028  continuing supply of highly trained physicians, and expand
 2029  graduate medical education.
 2030         (b) The Legislature further acknowledges the critical need
 2031  for increased numbers of primary care physicians to provide the
 2032  necessary current and projected health and medical services. In
 2033  order to meet both present and anticipated needs, the
 2034  Legislature supports an expansion in the number of family
 2035  practice residency positions. The Legislature intends that the
 2036  funding for graduate education in family practice be maintained
 2037  and that funding for all primary care specialties be provided at
 2038  a minimum of $10,000 per resident per year. Should funding for
 2039  this act remain constant or be reduced, it is intended that all
 2040  programs funded by this act be maintained or reduced
 2041  proportionately.
 2044         (a) There is established under the Department of Health a
 2045  program for statewide graduate medical education. It is intended
 2046  that continuing graduate medical education programs for interns
 2047  and residents be established on a statewide basis. The program
 2048  shall provide financial support for primary care specialty
 2049  interns and residents based on recommendations of policies
 2050  recommended and approved by the Community Hospital Education
 2051  Council, herein established, and the Department of Health, as
 2052  authorized by the General Appropriations Act. Only those
 2053  programs with at least three residents or interns in each year
 2054  of the training program are qualified to apply for financial
 2055  support. Programs with fewer than three residents or interns per
 2056  training year are qualified to apply for financial support, but
 2057  only if the appropriate accrediting entity for the particular
 2058  specialty has approved the program for fewer positions. New
 2059  programs added after fiscal year 1997-1998 shall have 5 years to
 2060  attain the requisite number of residents or interns. When
 2061  feasible and to the extent allowed through the General
 2062  Appropriations Act, state funds shall be used to generate
 2063  federal matching funds under Medicaid, or other federal
 2064  programs, and the resulting combined state and federal funds
 2065  shall be allocated to participating hospitals for the support of
 2066  graduate medical education.
 2067         (b) For the purposes of this section, primary care
 2068  specialties include emergency medicine, family practice,
 2069  internal medicine, pediatrics, psychiatry,
 2070  obstetrics/gynecology, and combined pediatrics and internal
 2071  medicine, and other primary care specialties as may be included
 2072  by the council and Department of Health.
 2073         (c) Medical institutions throughout the state may apply to
 2074  the Community Hospital Education Council for grants-in-aid for
 2075  financial support of their approved programs. Recommendations
 2076  for funding of approved programs shall be forwarded to the
 2077  Department of Health.
 2078         (d) The program shall provide a plan for community clinical
 2079  teaching and training with the cooperation of the medical
 2080  profession, hospitals, and clinics. The plan shall also include
 2081  formal teaching opportunities for intern and resident training.
 2082  In addition, the plan shall establish an off-campus medical
 2083  faculty with university faculty review to be located throughout
 2084  the state in local communities.
 2086         (a) There is established under the Department of Health a
 2087  program for fostering graduate medical education innovations.
 2088  Funds appropriated annually by the Legislature for this purpose
 2089  shall be distributed to participating hospitals or consortia of
 2090  participating hospitals and Florida medical schools or to a
 2091  Florida medical school for the direct costs of providing
 2092  graduate medical education in community-based clinical settings
 2093  on a competitive grant or formula basis to achieve state health
 2094  care workforce policy objectives, including, but not limited to:
 2095         1. Increasing the number of residents in primary care and
 2096  other high demand specialties or fellowships;
 2097         2. Enhancing retention of primary care physicians in
 2098  Florida practice;
 2099         3. Promoting practice in medically underserved areas of the
 2100  state;
 2101         4. Encouraging racial and ethnic diversity within the
 2102  state’s physician workforce; and
 2103         5. Encouraging increased production of geriatricians.
 2104         (b) Participating hospitals or consortia of participating
 2105  hospitals and Florida medical schools or a Florida medical
 2106  school providing graduate medical education in community-based
 2107  clinical settings may apply to the Community Hospital Education
 2108  Council for funding under this innovations program, except when
 2109  such innovations directly compete with services or programs
 2110  provided by participating hospitals or consortia of
 2111  participating hospitals, or by both hospitals and consortia.
 2112  Innovations program funding shall be allocated provide funding
 2113  based on recommendations of policies recommended and approved by
 2114  the Community Hospital Education Council and the Department of
 2115  Health, as authorized by the General Appropriations Act.
 2116         (c) Participating hospitals or consortia of participating
 2117  hospitals and Florida medical schools or Florida medical schools
 2118  awarded an innovations grant shall provide the Community
 2119  Hospital Education Council and Department of Health with an
 2120  annual report on their project.
 2121         Section 39. Subsection (7) of section 381.0405, Florida
 2122  Statutes, is amended to read:
 2123         381.0405 Office of Rural Health.—
 2124         (7) APPROPRIATION.—The Legislature shall appropriate such
 2125  sums as are necessary to support the Office of Rural Health.
 2126         Section 40. Subsection (3) of section 381.0406, Florida
 2127  Statutes, is amended to read:
 2128         381.0406 Rural health networks.—
 2129         (3) Because each rural area is unique, with a different
 2130  health care provider mix, Health care provider membership may
 2131  vary, but all networks shall include members that provide public
 2132  health, comprehensive primary care, emergency medical care, and
 2133  acute inpatient care.
 2134         Section 41. Section 381.045, Florida Statutes, is repealed.
 2135         Section 42. 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 43. Section 381.0605, Florida Statutes, is
 2144  repealed.
 2145         Section 44. Section 381.102, Florida Statutes, is repealed.
 2146         Section 45. Section 381.103, Florida Statutes, is repealed.
 2147         Section 46. 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 47. Section 381.60225, Florida Statutes, is
 2195  repealed.
 2196         Section 48. Section 381.7352, Florida Statutes, is amended
 2197  to read:
 2198         381.7352 Legislative findings and intent.—
 2199         (1) The Legislature finds that despite state investments in
 2200  health care programs, certain racial and ethnic populations in
 2201  Florida continue to have significantly poorer health outcomes
 2202  when compared to non-Hispanic whites. The Legislature finds that
 2203  local solutions to health care problems can have a dramatic and
 2204  positive effect on the health status of these populations. Local
 2205  governments and communities are best equipped to identify the
 2206  health education, health promotion, and disease prevention needs
 2207  of the racial and ethnic populations in their communities,
 2208  mobilize the community to address health outcome disparities,
 2209  enlist and organize local public and private resources, and
 2210  faith-based organizations to address these disparities, and
 2211  evaluate the effectiveness of interventions.
 2212         (2) It is therefore the intent of the Legislature to
 2213  provide funds within Florida counties and Front Porch Florida
 2214  Communities, in the form of Reducing Racial and Ethnic Health
 2215  Disparities: Closing the Gap grants, to stimulate the
 2216  development of community-based and neighborhood-based projects
 2217  which will improve the health outcomes of racial and ethnic
 2218  populations. Further, it is the intent of the Legislature that
 2219  these programs foster the development of coordinated,
 2220  collaborative, and broad-based participation by public and
 2221  private entities, and faith-based organizations. Finally, it is
 2222  the intent of the Legislature that the grant program function as
 2223  a partnership between state and local governments, faith-based
 2224  organizations, and private sector health care providers,
 2225  including managed care, voluntary health care resources, social
 2226  service providers, and nontraditional partners.
 2227         Section 49. Subsection (3) of section 381.7353, Florida
 2228  Statutes, is amended to read:
 2229         381.7353 Reducing Racial and Ethnic Health Disparities:
 2230  Closing the Gap grant program; administration; department
 2231  duties.—
 2232         (3) Pursuant to s. 20.43(6), the State Surgeon General may
 2233  appoint an ad hoc advisory committee to: examine areas where
 2234  public awareness, public education, research, and coordination
 2235  regarding racial and ethnic health outcome disparities are
 2236  lacking; consider access and transportation issues which
 2237  contribute to health status disparities; and make
 2238  recommendations for closing gaps in health outcomes and
 2239  increasing the public’s awareness and understanding of health
 2240  disparities that exist between racial and ethnic populations.
 2241         Section 50. Subsections (5) and (6) of section 381.7356,
 2242  Florida Statutes, are renumbered as subsections (4) and (5),
 2243  respectively, and present subsection (4) of that section is
 2244  amended to read:
 2245         381.7356 Local matching funds; grant awards.—
 2246         (4) Dissemination of grant awards shall begin no later than
 2247  January 1, 2001.
 2248         Section 51. Subsection (3) of section 381.765, Florida
 2249  Statutes, is amended to read:
 2250         381.765 Retention of title to and disposal of equipment.—
 2251         (3) The department may adopt rules relating to records and
 2252  recordkeeping for department-owned property referenced in
 2253  subsections (1) and (2).
 2254         Section 52. Section 381.77, Florida Statutes, is repealed.
 2255         Section 53. Section 381.795, Florida Statutes, is repealed.
 2256         Section 54. Subsections (2) through (5) of section 381.853,
 2257  Florida Statutes, are renumbered as subsections (1) through (4),
 2258  respectively, and present subsection (1) of that section is
 2259  amended to read:
 2260         381.853 Florida Center for Brain Tumor Research.—
 2261         (1) The Legislature finds that each year an estimated
 2262  190,000 citizens of the United States are diagnosed with
 2263  cancerous and noncancerous brain tumors and that biomedical
 2264  research is the key to finding cures for these tumors. The
 2265  Legislature further finds that, although brain tumor research is
 2266  being conducted throughout the state, there is a lack of
 2267  coordinated efforts among researchers and health care providers.
 2268  Therefore, the Legislature finds that there is a significant
 2269  need for a coordinated effort to achieve the goal of curing
 2270  brain tumors. The Legislature further finds that the biomedical
 2271  technology sector meets the criteria of a high-impact sector,
 2272  pursuant to s. 288.108(6), having a high importance to the
 2273  state’s economy with a significant potential for growth and
 2274  contribution to our universities and quality of life.
 2275         Section 55. Section 381.855, Florida Statutes, is repealed.
 2276         Section 56. Section 381.87, Florida Statutes, is repealed.
 2277         Section 57. Section 381.895, Florida Statutes, is amended
 2278  to read:
 2279         381.895 Standards for compressed air used for recreational
 2280  diving.—
 2281         (1) A person selling compressed air for recreational sport
 2282  diving must:
 2283         (a) Maintain certification or membership in at least one of
 2284  the following organizations:
 2285         1.Professional Association of Diving Instructors (PADI);
 2286         2.National Association of Underwater Instructors (NAUI);
 2287  or
 2288         3.Scuba Schools International (SSI);
 2289         (b) Post in a conspicuous place on the premises a copy of
 2290  the certification or documentation of membership in the
 2291  organization; and
 2292         (c) Maintain compliance with the Compressed Gas
 2293  Association, Grade “E” Recreational Diving Compressed Air
 2294  Standards, provide medical-grade compressed air, or use constant
 2295  air-quality-monitoring devices that are calibrated at least
 2296  every 90 days. The Department of Health shall establish maximum
 2297  allowable levels for contaminants in compressed air used for
 2298  recreational sport diving in this state. In developing the
 2299  standards, the department must take into consideration the
 2300  levels of contaminants allowed by the Grade “E” Recreational
 2301  Diving Standards of the Compressed Gas Association.
 2302         (2) The Department of Health may adopt rules to revise or
 2303  add to the list of organizations authorized in subsection (1),
 2304  or to recognize additional standards that are nationally
 2305  recognized for ensuring compressed air is safe for recreation
 2306  sport diving. The standards prescribed under this section do not
 2307  apply to:
 2308         (a) Any person providing compressed air for his or her own
 2309  use.
 2310         (b) Any governmental entity using a governmentally owned
 2311  compressed air source for work related to the governmental
 2312  entity.
 2313         (c) Foreign registered vessels upon which a compressor is
 2314  used to provide compressed air for work related to the operation
 2315  of the vessel.
 2316         (3) A person who does not comply with the requirements in
 2317  subsection (1) or the rules adopted pursuant to subsection (2)
 2318  commits a misdemeanor of the first degree, punishable as
 2319  provided in s. 775.082 and s. 775.083. A person or entity that,
 2320  for compensation, provides compressed air for recreational sport
 2321  diving in this state, including compressed air provided as part
 2322  of a dive package of equipment rental, dive boat rental, or dive
 2323  boat charter, must ensure that the compressed air is tested
 2324  quarterly by a laboratory that is accredited by either the
 2325  American Industrial Hygiene Association or the American
 2326  Association for Laboratory Accreditation and that the results of
 2327  such tests are provided quarterly to the Department of Health.
 2328  In addition, the person or entity must post the certificate
 2329  issued by the laboratory accredited by the American Industrial
 2330  Hygiene Association or the American Association for Laboratory
 2331  Accreditation in a conspicuous location where it can readily be
 2332  seen by any person purchasing compressed air.
 2333         (4) The Department of Health shall maintain a record of all
 2334  quarterly test results provided under this section.
 2335         (5) It is a misdemeanor of the second degree for any person
 2336  or entity to provide, for compensation, compressed air for
 2337  recreational sport diving in this state, including compressed
 2338  air provided as part of a dive package of equipment rental, dive
 2339  boat rental, or dive boat charter, without:
 2340         (a) Having received a valid certificate issued by a
 2341  laboratory accredited by the American Industrial Hygiene
 2342  Association or the American Association for Laboratory
 2343  Accreditation which certifies that the compressed air meets the
 2344  standards for contaminant levels established by the Department
 2345  of Health.
 2346         (b) Posting the certificate issued by a laboratory
 2347  accredited by the American Industrial Hygiene Association or the
 2348  American Association for Laboratory Accreditation in a
 2349  conspicuous location where it can readily be seen by persons
 2350  purchasing compressed air.
 2351         (6) The department shall adopt rules necessary to carry out
 2352  the provisions of this section, which must include:
 2353         (a) Maximum allowable levels of contaminants in compressed
 2354  air used for sport diving.
 2355         (b) Procedures for the submission of test results to the
 2356  department.
 2357         Section 58. Section 381.90, Florida Statutes, is repealed.
 2358         Section 59. Subsection (1) of section 381.91, Florida
 2359  Statutes, is amended to read:
 2360         381.91 Jessie Trice Cancer Prevention Program.—
 2361         (1) It is the intent of the Legislature to:
 2362         (a) Reduce the rates of illness and death from lung cancer
 2363  and other cancers and improve the quality of life among low
 2364  income African-American and Hispanic populations through
 2365  increased access to early, effective screening and diagnosis,
 2366  education, and treatment programs.
 2367         (b) create a community faith-based disease-prevention
 2368  program in conjunction with the Health Choice Network and other
 2369  community health centers to build upon the natural referral and
 2370  education networks in place within minority communities and to
 2371  increase access to health service delivery in Florida and.
 2372         (c) establish a funding source to build upon local private
 2373  participation to sustain the operation of the program.
 2374         Section 60. Subsection (5) of section 381.922, Florida
 2375  Statutes, is amended to read:
 2376         381.922 William G. “Bill” Bankhead, Jr., and David Coley
 2377  Cancer Research Program.—
 2378         (5) The William G. “Bill” Bankhead, Jr., and David Coley
 2379  Cancer Research Program is funded pursuant to s. 215.5602(12).
 2380  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
 2381  David Coley Cancer Research Program shall be distributed
 2382  pursuant to this section to provide grants to researchers
 2383  seeking cures for cancer and cancer-related illnesses, with
 2384  emphasis given to the goals enumerated in this section. From the
 2385  total funds appropriated, an amount of up to 10 percent may be
 2386  used for administrative expenses. From funds appropriated to
 2387  accomplish the goals of this section, up to $250,000 shall be
 2388  available for the operating costs of the Florida Center for
 2389  Universal Research to Eradicate Disease.
 2390         Section 61. Effective January 1, 2013, section 392.51,
 2391  Florida Statutes, is amended to read:
 2392         392.51 Tuberculosis control Findings and intent.—A
 2393  statewide system is established to control tuberculosis
 2394  infection and mitigate its effects. The system consists The
 2395  Legislature finds and declares that active tuberculosis is a
 2396  highly contagious infection that is sometimes fatal and
 2397  constitutes a serious threat to the public health. The
 2398  Legislature finds that there is a significant reservoir of
 2399  tuberculosis infection in this state and that there is a need to
 2400  develop community programs to identify tuberculosis and to
 2401  respond quickly with appropriate measures. The Legislature finds
 2402  that some patients who have active tuberculosis have complex
 2403  medical, social, and economic problems that make outpatient
 2404  control of the disease difficult, if not impossible, without
 2405  posing a threat to the public health. The Legislature finds that
 2406  in order to protect the citizenry from those few persons who
 2407  pose a threat to the public, it is necessary to establish a
 2408  system of mandatory contact identification, treatment to cure,
 2409  hospitalization, and isolation for contagious cases, and to
 2410  provide a system of voluntary, community-oriented care and
 2411  surveillance in all other cases. The Legislature finds that the
 2412  delivery of Tuberculosis control services shall be provided is
 2413  best accomplished by the coordinated efforts of the respective
 2414  county health departments and contracted or other private health
 2415  care providers, the A.G. Holley State Hospital, and the private
 2416  health care delivery system.
 2417         Section 62. Effective January 1, 2013, subsection (4) of
 2418  section 392.61, Florida Statutes, is amended to read:
 2419         392.61 Community tuberculosis control programs.—
 2420         (4) The department shall develop, by rule, a methodology
 2421  for distributing funds appropriated for tuberculosis control
 2422  programs. Criteria to be considered in this methodology include,
 2423  but are not limited to, the basic infrastructure available for
 2424  tuberculosis control, caseload requirements, laboratory support
 2425  services needed, and epidemiologic factors.
 2426         Section 63. Effective January 1, 2013, section 392.62,
 2427  Florida Statutes, is amended to read:
 2428         392.62 Hospitalization and placement programs.—
 2429         (1) The department shall contract for operation of operate
 2430  a program for the treatment hospitalization of persons who have
 2431  active tuberculosis in hospitals licensed under chapter 395 and
 2432  may provide for appropriate placement of persons who have active
 2433  tuberculosis in other health care facilities or residential
 2434  facilities. The department shall require the contractor to use
 2435  existing licensed community hospitals and other facilities for
 2436  the care and treatment to cure of persons who have active
 2437  tuberculosis or a history of noncompliance with prescribed drug
 2438  regimens and require inpatient or other residential services.
 2439         (2) The department may operate a licensed hospital for the
 2440  care and treatment to cure of persons who have active
 2441  tuberculosis. The hospital may have a forensic unit where, under
 2442  medical protocol, a patient can be held in a secure or
 2443  protective setting. The department shall also seek to maximize
 2444  use of existing licensed community hospitals for the care and
 2445  treatment to cure of persons who have active tuberculosis.
 2446         (2)(3)The program for control of tuberculosis shall
 2447  provide funding for participating facilities and require any
 2448  such facilities to meet the following conditions Any licensed
 2449  hospital operated by the department, any licensed hospital under
 2450  contract with the department, and any other health care facility
 2451  or residential facility operated by or under contract with the
 2452  department for the care and treatment of patients who have
 2453  active tuberculosis shall:
 2454         (a) Admit patients voluntarily and under court order as
 2455  appropriate for each particular facility;
 2456         (b) Require that each patient pay the actual cost of care
 2457  provided whether the patient is admitted voluntarily or by court
 2458  order;
 2459         (c) Provide for a method of paying for the care of patients
 2460  in the program regardless of ability to pay who cannot afford to
 2461  do so;
 2462         (d) Require a primary clinical diagnosis of active
 2463  tuberculosis by a physician licensed under chapter 458 or
 2464  chapter 459 before admitting the patient; provided that there
 2465  may be more than one primary diagnosis;
 2466         (e) Provide a method of notification to the county health
 2467  department and to the patient’s family, if any, before
 2468  discharging the patient from the hospital or other facility;
 2469         (f) Provide for the necessary exchange of medical
 2470  information to assure adequate community treatment to cure and
 2471  followup of discharged patients, as appropriate; and
 2472         (g) Provide for a method of medical care and counseling and
 2473  for housing, social service, and employment referrals, if
 2474  appropriate, for all patients discharged from the hospital.
 2475         (3)(4) A hospital may, pursuant to court order, place a
 2476  patient in temporary isolation for a period of no more than 72
 2477  continuous hours. The department shall obtain a court order in
 2478  the same manner as prescribed in s. 392.57. Nothing in this
 2479  subsection precludes a hospital from isolating an infectious
 2480  patient for medical reasons.
 2481         (4)(5) Any person committed under s. 392.57 who leaves the
 2482  tuberculosis hospital or residential facility without having
 2483  been discharged by the designated medical authority, except as
 2484  provided in s. 392.63, shall be apprehended by the sheriff of
 2485  the county in which the person is found and immediately
 2486  delivered to the facility from which he or she left.
 2487         Section 64. The Department of Health shall develop and
 2488  implement a transition plan for the closure of A.G. Holley State
 2489  Hospital. The plan shall include specific steps to end voluntary
 2490  admissions; transfer patients to alternate facilities;
 2491  communicate with families, providers, other affected parties,
 2492  and the general public; enter into any necessary contracts with
 2493  providers; coordinate with the Department of Management Services
 2494  regarding the disposition of equipment and supplies and the
 2495  closure of the facility; and seek federal approval, if needed,
 2496  to continue Medicaid funding throughout the treatment period in
 2497  community hospitals and other facilities. The plan shall be
 2498  submitted to the Governor, the Speaker of the House of
 2499  Representatives, and the President of the Senate by May 31,
 2500  2012. The department shall fully implement the plan by January
 2501  1, 2013.
 2502         Section 65. Subsections (1) and (4) of section 395.1027,
 2503  Florida Statutes, are amended to read:
 2504         395.1027 Regional poison control centers.—
 2505         (1) There shall be created three certified regional poison
 2506  control centers, one each in the north, central, and southern
 2507  regions of the state. Each regional poison control center shall
 2508  be affiliated with and physically located in a certified Level I
 2509  trauma center. Each regional poison control center shall be
 2510  affiliated with an accredited medical school or college of
 2511  pharmacy. The regional poison control centers shall be
 2512  coordinated under the aegis of the Division of Children’s
 2513  Medical Services Prevention and Intervention in the department.
 2514         (4) The Legislature hereby finds and declares that it is in
 2515  the public interest to shorten the time required for a citizen
 2516  to request and receive directly from designated regional poison
 2517  control centers telephonic management advice for acute poisoning
 2518  emergencies. To facilitate rapid and direct access, telephone
 2519  numbers for designated regional poison control centers shall be
 2520  given special prominence. The local exchange telecommunications
 2521  companies shall print immediately below “911” or other emergency
 2522  calling instructions on the inside front cover of the telephone
 2523  directory the words “Poison Information Center,” the logo of the
 2524  American Association of Poison Control Centers, and the
 2525  telephone number of the local, if applicable, or, if not local,
 2526  other toll-free telephone number of the Florida Poison
 2527  Information Center Network. This information shall be outlined
 2528  and be no less than 1 inch in height by 2 inches in width. Only
 2529  those facilities satisfying criteria established in the current
 2530  “Criteria for Certification of a Regional Poison Center” set by
 2531  the American Association of Poison Control Centers, and the
 2532  “Standards of the Poison Information Center Program” initiated
 2533  by the Division of Children’s Medical Services Prevention and
 2534  Intervention of the Department of Health shall be permitted to
 2535  list such facility as a poison information center, poison
 2536  control center, or poison center. Those centers under a
 2537  developmental phase-in plan shall be given 2 years from the date
 2538  of initial 24-hour service implementation to comply with the
 2539  aforementioned criteria and, as such, will be permitted to be
 2540  listed as a poison information center, poison control center, or
 2541  poison center during that allotted time period.
 2542         Section 66. Subsection (4) of section 401.243, Florida
 2543  Statutes, is amended to read:
 2544         401.243 Injury prevention.—The department shall establish
 2545  an injury-prevention program with responsibility for the
 2546  statewide coordination and expansion of injury-prevention
 2547  activities. The duties of the department under the program may
 2548  include, but are not limited to, data collection, surveillance,
 2549  education, and the promotion of interventions. In addition, the
 2550  department may:
 2551         (4) Adopt rules governing the implementation of grant
 2552  programs. The rules may include, but need not be limited to,
 2553  criteria regarding the application process, the selection of
 2554  grantees, the implementation of injury-prevention activities,
 2555  data collection, surveillance, education, and the promotion of
 2556  interventions.
 2557         Section 67. Subsection (6) of section 401.245, Florida
 2558  Statutes, is renumbered as subsection (5), and present
 2559  subsection (5) of that section is amended to read:
 2560         401.245 Emergency Medical Services Advisory Council.—
 2561         (5) The department shall adopt rules to implement this
 2562  section, which rules shall serve as formal operating procedures
 2563  for the Emergency Medical Services Advisory Council.
 2564         Section 68. Section 401.271, Florida Statutes, is amended
 2565  to read:
 2566         401.271 Certification of emergency medical technicians and
 2567  paramedics who are on active duty with the Armed Forces of the
 2568  United States; spouses of members of the Armed Forces.—
 2569         (1) Any member of the Armed Forces of the United States on
 2570  active duty who, at the time he or she became a member, was in
 2571  good standing with the department and was entitled to practice
 2572  as an emergency medical technician or paramedic in the state
 2573  remains in good standing without registering, paying dues or
 2574  fees, or performing any other act, as long as he or she is a
 2575  member of the Armed Forces of the United States on active duty
 2576  and for a period of 6 months after his or her discharge from
 2577  active duty as a member of the Armed Forces of the United
 2578  States.
 2579         (2) The department may adopt rules exempting the spouse of
 2580  a member of the Armed Forces of the United States on active duty
 2581  from certification renewal provisions while the spouse is absent
 2582  from the state because of the member’s active duty with the
 2583  Armed Forces.
 2584         Section 69. Section 402.45, Florida Statutes, is repealed.
 2585         Section 70. Subsection (1) of section 400.914, Florida
 2586  Statutes, is amended to read:
 2587         400.914 Rules establishing standards.—
 2588         (1) Pursuant to the intention of the Legislature to provide
 2589  safe and sanitary facilities and healthful programs, the agency
 2590  in conjunction with the Division of Children’s Medical Services
 2591  Prevention and Intervention of the Department of Health shall
 2592  adopt and publish rules to implement the provisions of this part
 2593  and part II of chapter 408, which shall include reasonable and
 2594  fair standards. Any conflict between these standards and those
 2595  that may be set forth in local, county, or city ordinances shall
 2596  be resolved in favor of those having statewide effect. Such
 2597  standards shall relate to:
 2598         (a) The assurance that PPEC services are family centered
 2599  and provide individualized medical, developmental, and family
 2600  training services.
 2601         (b) The maintenance of PPEC centers, not in conflict with
 2602  the provisions of chapter 553 and based upon the size of the
 2603  structure and number of children, relating to plumbing, heating,
 2604  lighting, ventilation, and other building conditions, including
 2605  adequate space, which will ensure the health, safety, comfort,
 2606  and protection from fire of the children served.
 2607         (c) The appropriate provisions of the most recent edition
 2608  of the “Life Safety Code” (NFPA-101) shall be applied.
 2609         (d) The number and qualifications of all personnel who have
 2610  responsibility for the care of the children served.
 2611         (e) All sanitary conditions within the PPEC center and its
 2612  surroundings, including water supply, sewage disposal, food
 2613  handling, and general hygiene, and maintenance thereof, which
 2614  will ensure the health and comfort of children served.
 2615         (f) Programs and basic services promoting and maintaining
 2616  the health and development of the children served and meeting
 2617  the training needs of the children’s legal guardians.
 2618         (g) Supportive, contracted, other operational, and
 2619  transportation services.
 2620         (h) Maintenance of appropriate medical records, data, and
 2621  information relative to the children and programs. Such records
 2622  shall be maintained in the facility for inspection by the
 2623  agency.
 2624         Section 71. Paragraph (d) of subsection (11) of section
 2625  409.256, Florida Statutes, is amended to read:
 2626         409.256 Administrative proceeding to establish paternity or
 2627  paternity and child support; order to appear for genetic
 2628  testing.—
 2632         (d) Upon rendering a final order of paternity or a final
 2633  order of paternity and child support, the department shall
 2634  notify the Office Division of Vital Statistics of the Department
 2635  of Health that the paternity of the child has been established.
 2636         Section 72. Section 458.346, Florida Statutes, is repealed.
 2637         Section 73. Subsection (3) of section 462.19, Florida
 2638  Statutes, is renumbered as subsection (2), and present
 2639  subsection (2) of that section is amended to read:
 2640         462.19 Renewal of license; inactive status.—
 2641         (2) The department shall adopt rules establishing a
 2642  procedure for the biennial renewal of licenses.
 2643         Section 74. Section 464.0197, Florida Statutes, is
 2644  repealed.
 2645         Section 75. Subsection (4) of section 464.208, Florida
 2646  Statutes, is amended to read:
 2647         464.208 Background screening information; rulemaking
 2648  authority.—
 2649         (4) The board shall adopt rules to administer this part.
 2650         Section 76. Subsections (1) and (2) of section 633.115,
 2651  Florida Statutes, are amended to read:
 2652         633.115 Fire and Emergency Incident Information Reporting
 2653  Program; duties; fire reports.—
 2654         (1)(a) The Fire and Emergency Incident Information
 2655  Reporting Program is created within the Division of State Fire
 2656  Marshal. The program shall:
 2657         1. Establish and maintain an electronic communication
 2658  system capable of transmitting fire and emergency incident
 2659  information to and between fire protection agencies.
 2660         2. Initiate a Fire and Emergency Incident Information
 2661  Reporting System that shall be responsible for:
 2662         a. Receiving fire and emergency incident information from
 2663  fire protection agencies.
 2664         b. Preparing and disseminating annual reports to the
 2665  Governor, the President of the Senate, the Speaker of the House
 2666  of Representatives, fire protection agencies, and, upon request,
 2667  the public. Each report shall include, but not be limited to,
 2668  the information listed in the National Fire Incident Reporting
 2669  System.
 2670         c. Upon request, providing other states and federal
 2671  agencies with fire and emergency incident data of this state.
 2672         3. Adopt rules to effectively and efficiently implement,
 2673  administer, manage, maintain, and use the Fire and Emergency
 2674  Incident Information Reporting Program. The rules shall be
 2675  considered minimum requirements and shall not preclude a fire
 2676  protection agency from implementing its own requirements which
 2677  shall not conflict with the rules of the Division of State Fire
 2678  Marshal.
 2679         4. By rule, establish procedures and a format for each fire
 2680  protection agency to voluntarily monitor its records and submit
 2681  reports to the program.
 2682         5. Establish an electronic information database which is
 2683  accessible and searchable by fire protection agencies.
 2684         (b) The Division of State Fire Marshal shall consult with
 2685  the Division of Forestry of the Department of Agriculture and
 2686  Consumer Services and the Bureau of Emergency Preparedness and
 2687  Community Support Medical Services of the Department of Health
 2688  to coordinate data, ensure accuracy of the data, and limit
 2689  duplication of efforts in data collection, analysis, and
 2690  reporting.
 2691         (2) The Fire and Emergency Incident Information System
 2692  Technical Advisory Panel is created within the Division of State
 2693  Fire Marshal. The panel shall advise, review, and recommend to
 2694  the State Fire Marshal with respect to the requirements of this
 2695  section. The membership of the panel shall consist of the
 2696  following 15 members:
 2697         (a) The current 13 members of the Firefighters Employment,
 2698  Standards, and Training Council as established in s. 633.31.
 2699         (b) One member from the Division of Forestry of the
 2700  Department of Agriculture and Consumer Services, appointed by
 2701  the division director.
 2702         (c) One member from the Bureau of Emergency Preparedness
 2703  and Community Support Medical Services of the Department of
 2704  Health, appointed by the bureau chief.
 2705         Section 77. Paragraph (b) of subsection (9) and paragraph
 2706  (c) of subsection (10) of section 768.28, Florida Statutes, are
 2707  amended to read:
 2708         768.28 Waiver of sovereign immunity in tort actions;
 2709  recovery limits; limitation on attorney fees; statute of
 2710  limitations; exclusions; indemnification; risk management
 2711  programs.—
 2712         (9)
 2713         (b) As used in this subsection, the term:
 2714         1. “Employee” includes any volunteer firefighter.
 2715         2. “Officer, employee, or agent” includes, but is not
 2716  limited to, any health care provider when providing services
 2717  pursuant to s. 766.1115; any member of the Florida Health
 2718  Services Corps, as defined in s. 381.0302, who provides
 2719  uncompensated care to medically indigent persons referred by the
 2720  Department of Health; any nonprofit independent college or
 2721  university located and chartered in this state which owns or
 2722  operates an accredited medical school, and its employees or
 2723  agents, when providing patient services pursuant to paragraph
 2724  (10)(f); and any public defender or her or his employee or
 2725  agent, including, among others, an assistant public defender and
 2726  an investigator.
 2727         (10)
 2728         (c) For purposes of this section, regional poison control
 2729  centers created in accordance with s. 395.1027 and coordinated
 2730  and supervised under the Division of Children’s Medical Services
 2731  Prevention and Intervention of the Department of Health, or any
 2732  of their employees or agents, shall be considered agents of the
 2733  State of Florida, Department of Health. Any contracts with
 2734  poison control centers must provide, to the extent permitted by
 2735  law, for the indemnification of the state by the agency for any
 2736  liabilities incurred up to the limits set out in this chapter.
 2737         Section 78. Subsections (4), (5), (6), (8), (9), (10),
 2738  (11), and (12) of section 1009.66, Florida Statutes, are amended
 2739  to read:
 2740         1009.66 Nursing Student Loan Forgiveness Program.—
 2741         (4) From the funds available, the Department of Education
 2742  Health may make loan principal repayments of up to $4,000 a year
 2743  for up to 4 years on behalf of selected graduates of an
 2744  accredited or approved nursing program. All repayments shall be
 2745  contingent upon continued proof of employment in the designated
 2746  facilities in this state and shall be made directly to the
 2747  holder of the loan. The state shall bear no responsibility for
 2748  the collection of any interest charges or other remaining
 2749  balance. In the event that the designated facilities are
 2750  changed, a nurse shall continue to be eligible for loan
 2751  forgiveness as long as he or she continues to work in the
 2752  facility for which the original loan repayment was made and
 2753  otherwise meets all conditions of eligibility.
 2754         (5) There is created the Nursing Student Loan Forgiveness
 2755  Trust Fund to be administered by the Department of Education
 2756  Health pursuant to this section and s. 1009.67 and department
 2757  rules. The Chief Financial Officer shall authorize expenditures
 2758  from the trust fund upon receipt of vouchers approved by the
 2759  Department of Education Health. All moneys collected from the
 2760  private health care industry and other private sources for the
 2761  purposes of this section shall be deposited into the Nursing
 2762  Student Loan Forgiveness Trust Fund. Any balance in the trust
 2763  fund at the end of any fiscal year shall remain therein and
 2764  shall be available for carrying out the purposes of this section
 2765  and s. 1009.67.
 2766         (6) In addition to licensing fees imposed under part I of
 2767  chapter 464, there is hereby levied and imposed an additional
 2768  fee of $5, which fee shall be paid upon licensure or renewal of
 2769  nursing licensure. Revenues collected from the fee imposed in
 2770  this subsection shall be deposited in the Nursing Student Loan
 2771  Forgiveness Trust Fund of the Department of Education Health and
 2772  will be used solely for the purpose of carrying out the
 2773  provisions of this section and s. 1009.67. Up to 50 percent of
 2774  the revenues appropriated to implement this subsection may be
 2775  used for the nursing scholarship program established pursuant to
 2776  s. 1009.67.
 2777         (8) The Department of Health may solicit technical
 2778  assistance relating to the conduct of this program from the
 2779  Department of Education.
 2780         (8)(9) The Department of Education Health is authorized to
 2781  recover from the Nursing Student Loan Forgiveness Trust Fund its
 2782  costs for administering the Nursing Student Loan Forgiveness
 2783  Program.
 2784         (9)(10) The Department of Education Health may adopt rules
 2785  necessary to administer this program.
 2786         (10)(11) This section shall be implemented only as
 2787  specifically funded.
 2788         (11)(12) Students receiving a nursing scholarship pursuant
 2789  to s. 1009.67 are not eligible to participate in the Nursing
 2790  Student Loan Forgiveness Program.
 2791         Section 79. Section 1009.67, Florida Statutes, is amended
 2792  to read:
 2793         1009.67 Nursing scholarship program.—
 2794         (1) There is established within the Department of Education
 2795  Health a scholarship program for the purpose of attracting
 2796  capable and promising students to the nursing profession.
 2797         (2) A scholarship applicant shall be enrolled in an
 2798  approved nursing program leading to the award of an associate
 2799  degree, a baccalaureate degree, or a graduate degree in nursing.
 2800         (3) A scholarship may be awarded for no more than 2 years,
 2801  in an amount not to exceed $8,000 per year. However, registered
 2802  nurses pursuing a graduate degree for a faculty position or to
 2803  practice as an advanced registered nurse practitioner may
 2804  receive up to $12,000 per year. These amounts shall be adjusted
 2805  by the amount of increase or decrease in the consumer price
 2806  index for urban consumers published by the United States
 2807  Department of Commerce.
 2808         (4) Credit for repayment of a scholarship shall be as
 2809  follows:
 2810         (a) For each full year of scholarship assistance, the
 2811  recipient agrees to work for 12 months in a faculty position in
 2812  a college of nursing or Florida College System institution
 2813  nursing program in this state or at a health care facility in a
 2814  medically underserved area as designated approved by the
 2815  Department of Health. Scholarship recipients who attend school
 2816  on a part-time basis shall have their employment service
 2817  obligation prorated in proportion to the amount of scholarship
 2818  payments received.
 2819         (b) Eligible health care facilities include nursing homes
 2820  and hospitals in this state, state-operated medical or health
 2821  care facilities, public schools, county health departments,
 2822  federally sponsored community health centers, colleges of
 2823  nursing in universities in this state, and Florida College
 2824  System institution nursing programs in this state, family
 2825  practice teaching hospitals as defined in s. 395.805, or
 2826  specialty children’s hospitals as described in s. 409.9119. The
 2827  recipient shall be encouraged to complete the service obligation
 2828  at a single employment site. If continuous employment at the
 2829  same site is not feasible, the recipient may apply to the
 2830  department for a transfer to another approved health care
 2831  facility.
 2832         (c) Any recipient who does not complete an appropriate
 2833  program of studies, who does not become licensed, who does not
 2834  accept employment as a nurse at an approved health care
 2835  facility, or who does not complete 12 months of approved
 2836  employment for each year of scholarship assistance received
 2837  shall repay to the Department of Education Health, on a schedule
 2838  to be determined by the department, the entire amount of the
 2839  scholarship plus 18 percent interest accruing from the date of
 2840  the scholarship payment. Moneys repaid shall be deposited into
 2841  the Nursing Student Loan Forgiveness Trust Fund established in
 2842  s. 1009.66. However, the department may provide additional time
 2843  for repayment if the department finds that circumstances beyond
 2844  the control of the recipient caused or contributed to the
 2845  default.
 2846         (5) Scholarship payments shall be transmitted to the
 2847  recipient upon receipt of documentation that the recipient is
 2848  enrolled in an approved nursing program. The Department of
 2849  Education Health shall develop a formula to prorate payments to
 2850  scholarship recipients so as not to exceed the maximum amount
 2851  per academic year.
 2852         (6) The Department of Education Health shall adopt rules,
 2853  including rules to address extraordinary circumstances that may
 2854  cause a recipient to default on either the school enrollment or
 2855  employment contractual agreement, to implement this section.
 2856         (7) The Department of Education Health may recover from the
 2857  Nursing Student Loan Forgiveness Trust Fund its costs for
 2858  administering the nursing scholarship program.
 2859         Section 80. Department of Health; type two transfer.—
 2860         (1) All powers, duties, functions, records, offices,
 2861  personnel, associated administrative support positions,
 2862  property, pending issues, existing contracts, administrative
 2863  authority, administrative rules, and unexpended balances of
 2864  appropriations, allocations, and other funds relating to the
 2865  Nursing Student Loan Forgiveness Program and the nursing
 2866  scholarship program in the Department of Health are transferred
 2867  by a type two transfer, as defined in s. 20.06(2), Florida
 2868  Statutes, to the Department of Education.
 2869         (2) The Nursing Student Loan Forgiveness Trust Fund is
 2870  transferred from the Department of Health to the Department of
 2871  Education.
 2872         (3) Any binding contract or interagency agreement related
 2873  to the Nursing Student Loan Forgiveness Program existing before
 2874  July 1, 2012, between the Department of Health, or an entity or
 2875  agent of the agency, and any other agency, entity, or person
 2876  shall continue as a binding contract or agreement for the
 2877  remainder of the term of such contract or agreement on the
 2878  successor department, agency, or entity responsible for the
 2879  program, activity, or functions relative to the contract or
 2880  agreement.
 2881         (4) Notwithstanding s. 216.292, Florida Statutes, and
 2882  pursuant to s. 216.351, Florida Statutes, upon approval by the
 2883  Legislative Budget Commission, the Executive Office of the
 2884  Governor may transfer funds and positions between agencies to
 2885  implement this act.
 2886         (5) The transfer of any program, activity, duty, or
 2887  function under this act includes the transfer of any records and
 2888  unexpended balances of appropriations, allocations, or other
 2889  funds related to such program, activity, duty, or function.
 2890  Unless otherwise provided, the successor organization to any
 2891  program, activity, duty, or function transferred under this act
 2892  shall become the custodian of any property of the organization
 2893  that was responsible for the program, activity, duty, or
 2894  function immediately before the transfer.
 2895         Section 81. The Division of Medical Quality Assurance shall
 2896  develop a plan to improve the efficiency of its functions.
 2897  Specifically, the plan shall delineate methods to: reduce the
 2898  average length of time for a qualified applicant to receive
 2899  initial and renewal licensure, certification, or registration,
 2900  by one-third; improve the agenda process for board meetings to
 2901  increase transparency, timeliness, and usefulness for board
 2902  decisionmaking; and improve the cost-effectiveness and
 2903  efficiency of the joint functions of the division and the
 2904  regulatory boards. In developing the plan, the division shall
 2905  identify and analyze best practices found within the division
 2906  and other state agencies that have similar functions, options
 2907  for information technology improvements, options for contracting
 2908  with outside entities, and any other option the division deems
 2909  useful. The division shall consult with and solicit
 2910  recommendations from the regulatory boards in developing the
 2911  plan. The division shall submit the plan to the Governor, the
 2912  Speaker of the House of Representatives, and the President of
 2913  the Senate by November 1, 2012. All executive branch agencies
 2914  are instructed, and all other state agencies are requested, to
 2915  assist the division in accomplishing its purposes under this
 2916  section.
 2917         Section 82. Subsection (1), paragraph (c) of subsection
 2918  (3), and subsection (9) of section 381.0041, Florida Statutes,
 2919  are amended to read:
 2920         381.0041 Donation and transfer of human tissue; testing
 2921  requirements.—
 2922         (1) Every donation of blood, plasma, organs, skin, or other
 2923  human tissue for transfusion or transplantation to another shall
 2924  be tested prior to transfusion or other use for human
 2925  immunodeficiency virus infection and other communicable diseases
 2926  specified by rule of the Department of Health. Tests for the
 2927  human immunodeficiency virus infection shall be performed only
 2928  after obtaining written, informed consent from the potential
 2929  donor or the donor’s legal representative. Such consent may be
 2930  given by a minor pursuant to s. 743.06. Obtaining consent shall
 2931  include a fair explanation of the procedures to be followed and
 2932  the meaning and use of the test results. Such explanation shall
 2933  include a description of the confidential nature of the test as
 2934  described in s. 381.004(2) 381.004(3). If consent for testing is
 2935  not given, then the person shall not be accepted as a donor
 2936  except as otherwise provided in subsection (3).
 2937         (3) No person shall collect any blood, organ, skin, or
 2938  other human tissue from one human being and hold it for, or
 2939  actually perform, any implantation, transplantation,
 2940  transfusion, grafting, or any other method of transfer to
 2941  another human being without first testing such tissue for the
 2942  human immunodeficiency virus and other communicable diseases
 2943  specified by rule of the Department of Health, or without
 2944  performing another process approved by rule of the Department of
 2945  Health capable of killing the causative agent of those diseases
 2946  specified by rule. Such testing shall not be required:
 2947         (c) When there is insufficient time to obtain the results
 2948  of a confirmatory test for any tissue or organ which is to be
 2949  transplanted, notwithstanding the provisions of s. 381.004(2)(d)
 2950  381.004(3)(d). In such circumstances, the results of preliminary
 2951  screening tests may be released to the potential recipient’s
 2952  treating physician for use in determining organ or tissue
 2953  suitability.
 2954         (9) All blood banks shall be governed by the
 2955  confidentiality provisions of s. 381.004(2) 381.004(3).
 2956         Section 83. Paragraph (b) of subsection (3) of section
 2957  384.25, Florida Statutes, is amended to read:
 2958         384.25 Reporting required.—
 2959         (3) To ensure the confidentiality of persons infected with
 2960  the human immunodeficiency virus (HIV), reporting of HIV
 2961  infection and AIDS must be conducted using a system developed by
 2962  the Centers for Disease Control and Prevention of the United
 2963  States Public Health Service or an equivalent system.
 2964         (b) The reporting may not affect or relate to anonymous HIV
 2965  testing programs conducted pursuant to s. 381.004(3) 381.004(4).
 2966         Section 84. Subsection (5) of section 392.56, Florida
 2967  Statutes, is amended to read:
 2968         392.56 Hospitalization, placement, and residential
 2969  isolation.—
 2970         (5) If the department petitions the circuit court to order
 2971  that a person who has active tuberculosis be hospitalized in a
 2972  facility operated under s. 392.62(2), the department shall
 2973  notify the facility of the potential court order.
 2974         Section 85. Subsection (2) of section 456.032, Florida
 2975  Statutes, is amended to read:
 2976         456.032 Hepatitis B or HIV carriers.—
 2977         (2) Any person licensed by the department and any other
 2978  person employed by a health care facility who contracts a blood
 2979  borne infection shall have a rebuttable presumption that the
 2980  illness was contracted in the course and scope of his or her
 2981  employment, provided that the person, as soon as practicable,
 2982  reports to the person’s supervisor or the facility’s risk
 2983  manager any significant exposure, as that term is defined in s.
 2984  381.004(1)(c) 381.004(2)(c), to blood or body fluids. The
 2985  employer may test the blood or body fluid to determine if it is
 2986  infected with the same disease contracted by the employee. The
 2987  employer may rebut the presumption by the preponderance of the
 2988  evidence. Except as expressly provided in this subsection, there
 2989  shall be no presumption that a blood-borne infection is a job
 2990  related injury or illness.
 2992         Section 86. Subsection (1) of section 775.0877, Florida
 2993  Statutes, is amended to read:
 2994         775.0877 Criminal transmission of HIV; procedures;
 2995  penalties.—
 2996         (1) In any case in which a person has been convicted of or
 2997  has pled nolo contendere or guilty to, regardless of whether
 2998  adjudication is withheld, any of the following offenses, or the
 2999  attempt thereof, which offense or attempted offense involves the
 3000  transmission of body fluids from one person to another:
 3001         (a) Section 794.011, relating to sexual battery;
 3002         (b) Section 826.04, relating to incest;
 3003         (c) Section 800.04, relating to lewd or lascivious offenses
 3004  committed upon or in the presence of persons less than 16 years
 3005  of age;
 3006         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
 3007  relating to assault;
 3008         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
 3009  relating to aggravated assault;
 3010         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
 3011  relating to battery;
 3012         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
 3013  relating to aggravated battery;
 3014         (h) Section 827.03(1), relating to child abuse;
 3015         (i) Section 827.03(2), relating to aggravated child abuse;
 3016         (j) Section 825.102(1), relating to abuse of an elderly
 3017  person or disabled adult;
 3018         (k) Section 825.102(2), relating to aggravated abuse of an
 3019  elderly person or disabled adult;
 3020         (l) Section 827.071, relating to sexual performance by
 3021  person less than 18 years of age;
 3022         (m) Sections 796.03, 796.07, and 796.08, relating to
 3023  prostitution; or
 3024         (n) Section 381.0041(11)(b), relating to donation of blood,
 3025  plasma, organs, skin, or other human tissue,
 3027  the court shall order the offender to undergo HIV testing, to be
 3028  performed under the direction of the Department of Health in
 3029  accordance with s. 381.004, unless the offender has undergone
 3030  HIV testing voluntarily or pursuant to procedures established in
 3031  s. 381.004(2)(h)6. 381.004(3)(h)6. or s. 951.27, or any other
 3032  applicable law or rule providing for HIV testing of criminal
 3033  offenders or inmates, subsequent to her or his arrest for an
 3034  offense enumerated in paragraphs (a)-(n) for which she or he was
 3035  convicted or to which she or he pled nolo contendere or guilty.
 3036  The results of an HIV test performed on an offender pursuant to
 3037  this subsection are not admissible in any criminal proceeding
 3038  arising out of the alleged offense.
 3039         Section 87. Except as otherwise expressly provided in this
 3040  act, this act shall take effect upon becoming a law.