The Florida Senate

381.84  Comprehensive Statewide Tobacco Education and Use Prevention Program.--

(1)  DEFINITIONS.--As used in this section and for purposes of the provisions of s. 27, Art. X of the State Constitution, the term:

(a)  "AHEC network" means an area health education center network established under s. 381.0402

(b)  "CDC" means the United States Centers for Disease Control and Prevention.

(c)  "Council" means the Tobacco Education and Use Prevention Advisory Council.

(d)  "Department" means the Department of Health.

(e)  "Tobacco" means, without limitation, tobacco itself and tobacco products that include tobacco and are intended or expected for human use or consumption, including, but not limited to, cigarettes, cigars, pipe tobacco, and smokeless tobacco.

(f)  "Youth" means minors and young adults.

(2)  PURPOSE, FINDINGS, AND INTENT.--It is the purpose of this section to implement s. 27, Art. X of the State Constitution. The Legislature finds that s. 27, Art. X of the State Constitution requires the funding of a statewide tobacco education and use prevention program that focuses on tobacco use by youth. The Legislature further finds that the primary goals of the program are to reduce the prevalence of tobacco use among youth, adults, and pregnant women; reduce per capita tobacco consumption; and reduce exposure to environmental tobacco smoke. Further, it is the intent of the Legislature to base increases in funding for individual components of the program on the results of assessments and evaluations. Recognizing that some components will need to grow faster than inflation, it is the intent of the Legislature to fund portions of the program on a nonrecurring basis in the early years so that those components that are most effective can be supported as the program matures.

(3)  PROGRAM COMPONENTS AND REQUIREMENTS.--The department shall conduct a comprehensive, statewide tobacco education and use prevention program consistent with the recommendations for effective program components contained in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the CDC, as amended by the CDC. The program shall include the following components, each of which shall focus on educating people, particularly youth and their parents, about the health hazards of tobacco and discouraging the use of tobacco:

(a)  Counter-marketing and advertising; cyberspace resource center.--The counter-marketing and advertising campaign shall include, at a minimum, Internet, print, radio, and television advertising and shall be funded with a minimum of one-third of the total annual appropriation required by s. 27, Art. X of the State Constitution. A cyberspace resource center for copyrighted materials and information concerning tobacco education and use prevention, including cessation, shall be maintained by the program. Such resource center must be accessible to the public, including parents, teachers, and students, at each level of public and private schools, universities, and colleges in the state and shall provide links to other relevant resources. The Internet address for the resource center must be incorporated in all advertising. The information maintained in the resource center shall be used by the other components of the program.

(b)  Cessation programs, counseling, and treatment.--This program component shall include two subcomponents:

1.  A statewide toll-free cessation service, which may include counseling, referrals to other local resources and support services, and treatment to the extent funds are available for treatment services; and

2.  A local community-based program to disseminate information about smoking cessation, how smoking cessation relates to prenatal care and obesity prevention, and other chronic tobacco-related diseases.

(c)  Surveillance and evaluation.--The program shall conduct ongoing epidemiological surveillance and shall contract for annual independent evaluations of the effectiveness of the various components of the program in meeting the goals as set forth in subsection (2).

(d)  Youth school programs.--School and after-school programs shall use current evidence-based curricula and programs that involve youth to educate youth about the health hazards of tobacco, help youth develop skills to refuse tobacco, and demonstrate to youth how to stop using tobacco.

(e)  Community programs and chronic disease prevention.--The department shall promote and support local community-based partnerships that emphasize programs involving youth, including programs for the prevention, detection, and early intervention of smoking-related chronic diseases.

(f)  Training.--The program shall include the training of health care practitioners, smoking-cessation counselors, and teachers by health professional students and other tobacco-use prevention specialists who are trained in preventing tobacco use and health education. Smoking-cessation counselors shall be trained by specialists who are certified in tobacco-use cessation.

(g)  Administration, statewide programs, and county health departments.--Each county health department is eligible to receive a portion of the annual appropriation, on a per capita basis, for coordinating tobacco education and use prevention programs within that county. Appropriated funds may be used to improve the infrastructure of the county health department to implement the comprehensive, statewide tobacco education and use prevention program. Each county health department shall prominently display in all treatment rooms and waiting rooms, counter-marketing and advertisement materials in the form of wall posters, brochures, television advertising if televisions are used in the lobby or waiting room, and screensavers and Internet advertising if computer kiosks are available for use or viewing by people at the county health department.

(h)  Enforcement and awareness of related laws.--In coordination with the Department of Business and Professional Regulation, the program shall monitor the enforcement of laws, rules, and policies prohibiting the sale or other provision of tobacco to minors, as well as the continued enforcement of the Clean Indoor Air Act prescribed in chapter 386. The advertisements produced in accordance with paragraph (a) may also include information designed to make the public aware of these related laws and rules. The departments may enter into interagency agreements to carry out this program component.

(i)  AHEC smoking-cessation initiative.--For the 2009-2010 fiscal year, the AHEC network shall expand the AHEC smoking-cessation initiative to each county within the state and perform other activities as determined by the department.

(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND MEETINGS.--The Tobacco Education and Use Prevention Advisory Council is created within the department.

(a)  The council shall consist of 23 members, including:

1.  The State Surgeon General, who shall serve as the chairperson.

2.  One county health department director, appointed by the State Surgeon General.

3.  Two members appointed by the Commissioner of Education, of whom one must be a school district superintendent.

4.  The chief executive officer of the Florida Division of the American Cancer Society, or his or her designee.

5.  The chief executive officer of the Greater Southeast Affiliate of the American Heart Association, or his or her designee.

6.  The chief executive officer of the American Lung Association of Florida, or his or her designee.

7.  The dean of the University of Miami School of Medicine, or his or her designee.

8.  The dean of the University of Florida College of Medicine, or his or her designee.

9.  The dean of the University of South Florida College of Medicine, or his or her designee.

10.  The dean of the Florida State University College of Medicine, or his or her designee.

11.  The dean of Nova Southeastern College of Osteopathic Medicine, or his or her designee.

12.  The dean of the Lake Erie College of Osteopathic Medicine in Bradenton, Florida, or his or her designee.

13.  The chief executive officer of the Campaign for Tobacco Free Kids, or his or her designee.

14.  The chief executive officer of the Legacy Foundation, or his or her designee.

15.  Four members appointed by the Governor, of whom two must have expertise in the field of tobacco-use prevention and education or smoking cessation and one individual who shall be between the ages of 16 and 21 at the time of his or her appointment.

16.  Two members appointed by the President of the Senate, of whom one must have expertise in the field of tobacco-use prevention and education or smoking cessation.

17.  Two members appointed by the Speaker of the House of Representatives, of whom one must have expertise in the field of tobacco-use prevention and education or smoking cessation.

(b)  The appointments shall be for 3-year terms and shall reflect the diversity of the state's population. A vacancy shall be filled by appointment by the original appointing authority for the unexpired portion of the term.

(c)  An appointed member may not serve more than two consecutive terms.

(d)  The council shall meet at least quarterly and upon the call of the chairperson. Meetings may be held via teleconference or other electronic means.

(e)  Members of the council shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061 Members who are state officers or employees or who are appointed by state officers or employees shall be reimbursed for per diem and travel expenses pursuant to s. 112.061 from the state agency through which they serve.

(f)  The department shall provide council members with information and other assistance as is reasonably necessary to assist the council in carrying out its responsibilities.

(5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council shall advise the State Surgeon General as to the direction and scope of the Comprehensive Statewide Tobacco Education and Use Prevention Program. The responsibilities of the council include, but are not limited to:

(a)  Providing advice on program priorities and emphases.

(b)  Providing advice on the overall program budget.

(c)  Providing advice on copyrighted material, trademark, and future transactions as they pertain to the tobacco education and use prevention program.

(d)  Reviewing broadcast material prepared for the Internet, portable media players, radio, and television as it relates to the advertising component of the tobacco education and use prevention program.

(e)  Participating in periodic program evaluation.

(f)  Assisting in the development of guidelines to ensure fairness, neutrality, and adherence to the principles of merit and quality in the conduct of the program.

(g)  Assisting in the development of administrative procedures relating to solicitation, review, and award of contracts and grants in order to ensure an impartial, high-quality peer review system.

(h)  Assisting in the development and supervision of peer review panels.

(i)  Reviewing reports of peer review panels and making recommendations for contracts and grants.

(j)  Reviewing the activities and evaluating the performance of the AHEC network to avoid duplicative efforts using state funds.

(k)  Recommending meaningful outcome measures through a regular review of tobacco-use prevention and education strategies and programs of other states and the Federal Government.

(l)  Recommending policies to encourage a coordinated response to tobacco use in this state, focusing specifically on creating partnerships within and between the public and private sectors.

¹(6)  CONTRACT REQUIREMENTS.--Contracts or grants for the program components or subcomponents described in paragraphs (3)(a)-(f) shall be awarded by the State Surgeon General, after consultation with the council, on the basis of merit, as determined by an open, competitive, peer-reviewed process that ensures objectivity, consistency, and high quality. The department shall award such grants or contracts no later than October 1 for each fiscal year. A recipient of a contract or grant for the program component described in paragraph (3)(c) is not eligible for a contract or grant award for any other program component described in subsection (3) in the same state fiscal year. A school or college of medicine that is represented on the council is not eligible to receive a contract or grant under this section. For the 2009-2010 fiscal year only, the department shall award a contract or grant in the amount of $10 million to the AHEC network for the purpose of developing the components described in paragraph (3)(i). The AHEC network may apply for a competitive contract or grant after the 2009-2010 fiscal year.

(a)  In order to ensure that all proposals for funding are appropriate and are evaluated fairly on the basis of merit, the State Surgeon General, in consultation with the council, shall appoint a peer review panel of independent, qualified experts in the field of tobacco control to review the content of each proposal and establish its priority score. The priority scores shall be forwarded to the council and must be considered in determining which proposals will be recommended for funding.

(b)  The council and the peer review panel shall establish and follow rigorous guidelines for ethical conduct and adhere to a strict policy with regard to conflicts of interest. A member of the council or panel may not participate in any discussion or decision with respect to a research proposal by any firm, entity, or agency with which the member is associated as a member of the governing body or as an employee or with which the member has entered into a contractual arrangement. Meetings of the council and the peer review panels are subject to chapter 119, s. 286.011, and s. 24, Art. I of the State Constitution.

(c)  In each contract or grant agreement, the department shall limit the use of food and promotional items to no more than 2.5 percent of the total amount of the contract or grant and limit overhead or indirect costs to no more than 7.5 percent of the total amount of the contract or grant. The department, in consultation with the Department of Financial Services, shall publish guidelines for appropriate food and promotional items.

(d)  In each advertising contract, the department shall limit the total of production fees, buyer commissions, and related costs to no more than 10 percent of the total contract amount.

(e)  Notwithstanding the competitive process for contracts prescribed in this subsection, each county health department is eligible for core funding, on a per capita basis, to implement tobacco education and use prevention activities within that county.

(7)  ANNUAL REPORT REQUIRED.--By January 31 of each year, the department shall provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report that evaluates the program's effectiveness in reducing and preventing tobacco use and that recommends improvements to enhance the program's effectiveness. The report must contain, at a minimum, an annual survey of youth attitudes and behavior toward tobacco, as well as a description of the progress in reducing the prevalence of tobacco use among youth, adults, and pregnant women; reducing per capita tobacco consumption; and reducing exposure to environmental tobacco smoke.

(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.--From the total funds appropriated for the Comprehensive Statewide Tobacco Education and Use Prevention Program in the General Appropriations Act, an amount of up to 5 percent may be used by the department for administrative expenses.

(9)  RULEMAKING AUTHORIZED.--By January 1, 2008, the department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.

History.--s. 1, ch. 2007-65; s. 24, ch. 2008-6; s. 3, ch. 2009-58.

¹Note.--Section 3, ch. 2009-58, amended subsection (6) without publishing paragraphs (a)-(e). Absent affirmative evidence of legislative intent to repeal them, paragraphs (a)-(e) are published here, pending clarification by the Legislature.