October 20, 2020
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HB 1927

A bill to be entitled
3An act relating to public health; amending s. 17.41, F.S.;
4authorizing the Department of Financial Services to
5disburse funds into the Biomedical Research Trust Fund in
6the Department of Health; amending s. 20.43, F.S.;
7revising the names of certain divisions of the Department
8of Health; creating the Division of Disability
9Determinations; creating the Office of Minority Health;
10amending and renumbering s. 216.341, F.S.; providing an
11exemption from legislative funding for certain authorized
12Department of Health positions; amending s. 381.0011,
13F.S.; deleting a requirement that the Department of Health
14work with other departments to develop and implement a
15statewide injury control program; requiring the department
16to maintain a statewide injury prevention program;
17creating s. 381.0033, F.S.; requiring hospitals to
18implement a program to offer immunizations against the
19influenza virus and pneumococcal bacteria; amending s.
20381.006, F.S.; authorizing each county to expend funds to
21conduct elevated blood lead level investigations; amending
22s. 381.0065, F.S.; revising a definition; deleting a
23requirement that the Department of Health make a certain
24report to the Legislature; specifying a certain annual
25flood line; authorizing the department to require the
26submission of certain onsite sewage treatment and disposal
27system construction plans; requiring the department to
28establish rules for submission of such plans; amending s.
29381.0066, F.S.; extending the period in which a certain
30fee is collected; amending s. 381.0072, F.S.; providing
31limitations on a certain exemption from food service
32protection requirements; removing a license exemption;
33creating s. 381.0409, F.S.; requiring the department to
34establish a comprehensive tobacco prevention program;
35specifying components of the program; requiring the
36department to act as a clearinghouse; allowing the
37department to accept private funds; requiring evaluations;
38allowing for contracting; creating s. 381.86, F.S.;
39creating the Department of Health Institutional Review
40Board; authorizing the secretary of the department to
41appoint members and a chair; authorizing the board to
42serve as the institutional review board for other agencies
43at the department secretary's discretion; providing for
44per diem and travel expenses for members of the board;
45requiring the department to charge for review costs
46incurred; providing an exception; authorizing rulemaking;
47amending s. 381.7353, F.S.; providing an additional
48program for department coordination; amending s. 381.7355,
49F.S.; providing an additional priority area; amending s.
50381.89, F.S.; providing for late payment fees for tanning
51facility licenses; deleting the minimum license fee;
52authorizing a maximum total fee for each facility to be
53set by rule; revising the annual renewal fees to be
54prorated quarterly; amending s. 381.90, F.S.; revising the
55membership of the Health Information Systems Council;
56revising the date by which the council must develop and
57approve its strategic plan; deleting a requirement to
58provide copies of such plan to the Governor and
59Legislature; amending s. 383.14, F.S.; revising references
60to infants; providing for release of certain screening
61results; revising the age by which a newborn shall have
62certain tests; requiring the department to adopt certain
63additional rules; providing additional members on the
64Genetics and Newborn Screening Advisory Council; amending
65s. 383.402, F.S.; requiring child abuse or neglect to be
66verified before inclusion in a certain assessment;
67amending s. 391.021, F.S.; revising a definition; amending
68s. 391.025, F.S.; limiting the applicability and scope of
69Children's Medical Services program components; amending
70s. 391.029, F.S.; limiting certain services for
71availability of funds under such program; providing an
72additional eligibility requirement; amending s. 391.035,
73F.S.; allowing the program to contract with providers
74licensed in other states; amending s. 391.055, F.S.;
75requiring newborn screening results to be reported to the
76department if abnormal; amending ss. 391.301 and 391.305,
77F.S., deleting provisions for screening hearing impaired
78infants; amending s. 391.302, F.S.; deleting definitions
79relating to hearing-impaired infants; amending s. 391.303,
80F.S.; removing risk of hearing impairment as a condition
81that requires referrals to an intervention program;
82creating s. 391.308, F.S.; providing that the Department
83of Health may implement and administer certain federal
84programs as part of the Infants and Toddlers Early
85Intervention program; requiring the department to apply
86for federal funding for the program in conjunction with
87the Department of Education; amending s. 395.1027, F.S.;
88requiring licensed facilities to release to a regional
89poison control center certain patient information upon
90request; amending s. 395.404, F.S.; requiring trauma
91centers to report to a central registry; requiring the
92reporting of certain information to the department's brain
93and spinal cord injury central registry; amending s.
94400.9905, F.S.; revising and providing definitions;
95amending s. 400.991, F.S.; revising health care clinic
96licensing requirements; requiring separate licenses for
97each mobile clinic; providing licensing requirements for
98portable equipment providers; amending s. 400.9935, F.S.;
99providing that a chief financial officer may assume
100responsibility for clinic billings under certain
101circumstances; providing that an exemption is not
102transferable; authorizing a fee for a certificate of
103exemption; allowing the agency to deny or revoke a
104license; amending s. 400.995, F.S.; allowing the agency to
105deny the renewal of a license or to revoke or suspend a
106license; prohibiting extension of a temporary license
107under certain circumstances; requiring the Agency for
108Health Care Administration to refund certain application
109fees; providing exceptions for certain late filed
110applications and providing for contingent effect; amending
111s. 401.211, F.S.; specifying legislative intent with
112respect to a comprehensive statewide injury prevention
113program; creating s. 401.243, F.S.; requiring the
114department to establish an injury prevention program;
115specifying the duties of the program; allowing the
116department to obtain and expend funds from grants,
117donations, or contributions; authorizing rulemaking;
118amending s. 404.056, F.S.; changing mandatory radon
119testing criteria; amending s. 468.302, F.S.; specifying
120the use of medical radiation; specifying persons that may
121use a nuclear medicine-computed tomography device;
122specifying the authority of a nuclear medicine
123technologist; amending s. 468.304, F.S.; providing
124additional certification requirements; amending s.
125468.306, F.S.; authorizing the department to require
126additional education of certain applicants; amending s.
127468.3065, F.S.; specifying that the fee for certification
128by endorsement is nonrefundable; amending s. 468.307,
129F.S.; specifying the expiration date of a certificate;
130amending s. 468.309, F.S.; requiring notification of
131mailing address and place of practice; revising continuing
132education provider, course, and program approval
133provisions; providing for expired status and prohibiting
134practice under such status; specifying the process of
135certificate resignation; amending s. 468.3095, F.S.;
136providing the process to reactivate an expired or inactive
137certificate; specifying a timeframe for the automatic
138nullification of a certificate; specifying the expiration
139date of a reactivated certificate; amending s. 468.3101,
140F.S.; authorizing the department to investigate or compel
141document production to determine compliance; revising and
142providing grounds for disciplinary action; providing
143disciplinary actions; providing for actions against
144continuing education providers and courses; amending s.
145489.553, F.S.; setting criteria to register as a master
146septic tank contractor; amending s. 489.554, F.S.;
147revising the registration renewal process; providing when
148certificates of registration shall become inactive;
149allowing a master septic tank contractor to revert to
150registered status; requiring the department to deny
151certain applications for renewal; amending s. 784.081,
152F.S.; providing additional officials covered under
153penalties for assault and battery on specified officials;
154repealing s. 381.0098(9), F.S., relating to transition
155provisions involving regulation of biomedical waste;
156repealing s. 385.103(2)(f), F.S., relating to authority to
157adopt rules to govern the operation of community
158intervention programs; repealing s. 393.064(5), F.S.,
159relating to authority to contract for supervision and
160management of the Raymond C. Philips Research and
161Education Unit; repealing s. 445.033(7), F.S., relating to
162an exemption for evaluations of TANF-funded programs;
163repealing ss. 381.85, 385.205, and 385.209, F.S., relating
164to biomedical and social research, care and assistance of
165persons suffering from chronic renal diseases and
166establishment of programs in kidney disease control, and
167dissemination of information on cholesterol health risks,
168respectively; providing an effective date.
170Be It Enacted by the Legislature of the State of Florida:
172     Section 1.  Subsection (5) of section 17.41, Florida
173Statutes, is amended to read:
174     17.41  Department of Financial Services Tobacco Settlement
175Clearing Trust Fund.--
176     (5)  The department shall disburse funds, by nonoperating
177transfer, from the Tobacco Settlement Clearing Trust Fund to the
178tobacco settlement trust funds of the various agencies or the
179Biomedical Research Trust Fund in the Department of Health, as
180appropriate, in amounts equal to the annual appropriations made
181from those agencies' trust funds in the General Appropriations
183     Section 2.  Paragraphs (f), (i), and (j) of subsection (3)
184of section 20.43, Florida Statutes, are amended, paragraph (k)
185is added to said subsection, and subsection (9) is added to said
186section, to read:
187     20.43  Department of Health.--There is created a Department
188of Health.
189     (3)  The following divisions of the Department of Health
190are established:
191     (f)  Division of Emergency Medical Operations Services and
192Community Health Resources.
193     (i)  Division of Information Technology Resource
195     (j)  Division of Health Access Awareness and Tobacco.
196     (k)  Division of Disability Determinations.
197     (9)  There is hereby established within the Department of
198Health the Office of Minority Health.
199     Section 3.  Section 216.341, Florida Statutes, is
200renumbered as section 216.2625, Florida Statutes, and amended to
202     216.2625 216.341  Disbursement of Department of Health
203county health department trust funds; appropriation of
204authorized positions.--
205     (1)  County health department trust funds may be expended
206by the Department of Health for the respective county health
207departments in accordance with budgets and plans agreed upon by
208the county authorities of each county and the Department of
210     (2)  The requirement limitations on appropriations provided
211in s. 216.262(1) that the number of authorized positions must be
212appropriated shall not apply to Department of Health positions
213funded by:
214     (a)  County health department trust funds; or
215     (b)  The United States Trust Fund.
216     Section 4.  Subsection (12) of section 381.0011, Florida
217Statutes, is amended to read:
218     381.0011  Duties and powers of the Department of
219Health.--It is the duty of the Department of Health to:
220     (12)  Maintain Cooperate with other departments, local
221officials, and private organizations in developing and
222implementing a statewide injury prevention control program.
223     Section 5.  Section 381.0033, Florida Statutes, is created
224to read:
225     381.0033  Influenza virus and pneumococcal bacteria
226vaccinations.--Hospitals licensed pursuant to chapter 395 shall
227implement a program to offer immunizations against the influenza
228virus and pneumococcal bacteria to all patients 65 years of age
229or older between October 1, or earlier if the vaccination is
230available, and February 1 of every year, subject to the
231availability of an adequate supply of the necessary vaccine, in
232accordance with the recommendations of the Advisory Committee on
233Immunization Practices of the United States Centers of Disease
234Control and Prevention and subject to the clinical judgment of
235the responsible practitioner.
236     Section 6.  Subsection (17) is added to section 381.006,
237Florida Statutes, to read:
238     381.006  Environmental health.--The department shall
239conduct an environmental health program as part of fulfilling
240the state's public health mission. The purpose of this program
241is to detect and prevent disease caused by natural and manmade
242factors in the environment. The environmental health program
243shall include, but not be limited to:
244     (17)  An elevated blood lead level investigation function.
245Each participating county health department may expend funds for
246federally mandated certification or recertification fees related
247to elevated blood lead level investigations.
249The department may adopt rules to carry out the provisions of
250this section.
251     Section 7.  Paragraph (k) of subsection (2) and paragraphs
252(d) and (e) of subsection (4) of section 381.0065, Florida
253Statutes, are amended, and paragraph (v) is added to subsection
254(4) of said section, to read:
255     381.0065  Onsite sewage treatment and disposal systems;
257     (2)  DEFINITIONS.--As used in ss. 381.0065-381.0067, the
259     (k)  "Permanent nontidal surface water body" means a
260perennial stream, a perennial river, an intermittent stream, a
261perennial lake, a submerged marsh or swamp, a submerged wooded
262marsh or swamp, a spring, or a seep, as identified on the most
263recent quadrangle map, 7.5 minute series (topographic), produced
264by the United States Geological Survey, or products derived from
265such series. "Permanent nontidal surface water body" shall also
266mean an artificial surface water body that does not have an
267impermeable bottom and side and that is designed to hold, or
268does hold, visible standing water for at least 180 days of the
269year. However, a nontidal surface water body that is drained,
270either naturally or artificially, where the intent or the result
271is that such drainage be temporary, shall be considered a
272permanent nontidal surface water body. A nontidal surface water
273body that is drained of all visible surface water, where the
274lawful intent or the result of such drainage is that such
275drainage will be permanent, shall not be considered a permanent
276nontidal surface water body. The boundary of a permanent
277nontidal surface water body shall be the mean annual flood line.
279not construct, repair, modify, abandon, or operate an onsite
280sewage treatment and disposal system without first obtaining a
281permit approved by the department. The department may issue
282permits to carry out this section, but shall not make the
283issuance of such permits contingent upon prior approval by the
284Department of Environmental Protection. A construction permit is
285valid for 18 months from the issuance date and may be extended
286by the department for one 90-day period under rules adopted by
287the department. A repair permit is valid for 90 days from the
288date of issuance. An operating permit must be obtained prior to
289the use of any aerobic treatment unit or if the establishment
290generates commercial waste. Buildings or establishments that use
291an aerobic treatment unit or generate commercial waste shall be
292inspected by the department at least annually to assure
293compliance with the terms of the operating permit. The operating
294permit for a commercial wastewater system is valid for 1 year
295from the date of issuance and must be renewed annually. The
296operating permit for an aerobic treatment unit is valid for 2
297years from the date of issuance and must be renewed every 2
298years. If all information pertaining to the siting, location,
299and installation conditions or repair of an onsite sewage
300treatment and disposal system remains the same, a construction
301or repair permit for the onsite sewage treatment and disposal
302system may be transferred to another person, if the transferee
303files, within 60 days after the transfer of ownership, an
304amended application providing all corrected information and
305proof of ownership of the property. There is no fee associated
306with the processing of this supplemental information. A person
307may not contract to construct, modify, alter, repair, service,
308abandon, or maintain any portion of an onsite sewage treatment
309and disposal system without being registered under part III of
310chapter 489. A property owner who personally performs
311construction, maintenance, or repairs to a system serving his or
312her own owner-occupied single-family residence is exempt from
313registration requirements for performing such construction,
314maintenance, or repairs on that residence, but is subject to all
315permitting requirements. A municipality or political subdivision
316of the state may not issue a building or plumbing permit for any
317building that requires the use of an onsite sewage treatment and
318disposal system unless the owner or builder has received a
319construction permit for such system from the department. A
320building or structure may not be occupied and a municipality,
321political subdivision, or any state or federal agency may not
322authorize occupancy until the department approves the final
323installation of the onsite sewage treatment and disposal system.
324A municipality or political subdivision of the state may not
325approve any change in occupancy or tenancy of a building that
326uses an onsite sewage treatment and disposal system until the
327department has reviewed the use of the system with the proposed
328change, approved the change, and amended the operating permit.
329     (d)  Paragraphs (a) and (b) do not apply to any proposed
330residential subdivision with more than 50 lots or to any
331proposed commercial subdivision with more than 5 lots where a
332publicly owned or investor-owned sewerage system is available.
333It is the intent of this paragraph not to allow development of
334additional proposed subdivisions in order to evade the
335requirements of this paragraph. The department shall report to
336the Legislature by February 1 of each odd-numbered year
337concerning the success in meeting this intent.
338     (e)  Onsite sewage treatment and disposal systems must not
339be placed closer than:
340     1.  Seventy-five feet from a private potable well.
341     2.  Two hundred feet from a public potable well serving a
342residential or nonresidential establishment having a total
343sewage flow of greater than 2,000 gallons per day.
344     3.  One hundred feet from a public potable well serving a
345residential or nonresidential establishment having a total
346sewage flow of less than or equal to 2,000 gallons per day.
347     4.  Fifty feet from any nonpotable well.
348     5.  Ten feet from any storm sewer pipe, to the maximum
349extent possible, but in no instance shall the setback be less
350than 5 feet.
351     6.  Seventy-five feet from the mean high-water line of a
352tidally influenced surface water body.
353     7.  Seventy-five feet from the mean normal annual flood
354line of a permanent nontidal surface water body.
355     8.  Fifteen feet from the design high-water line of
356retention areas, detention areas, or swales designed to contain
357standing or flowing water for less than 72 hours after a
358rainfall or the design high-water level of normally dry drainage
359ditches or normally dry individual lot stormwater retention
361     (v)  The department may require the submission of detailed
362system construction plans prepared by a professional engineer
363registered in this state. The department shall establish by rule
364the criteria for determining when such submissions are required.
365     Section 8.  Paragraph (k) of subsection (2) of section
366381.0066, Florida Statutes, is amended to read:
367     381.0066  Onsite sewage treatment and disposal systems;
369     (2)  The minimum fees in the following fee schedule apply
370until changed by rule by the department within the following
372     (k)  Research: An additional $5 fee shall be added to each
373new system construction permit issued during fiscal years 1996-
3742004 to be used for onsite sewage treatment and disposal system
375research, demonstration, and training projects. Five dollars
376from any repair permit fee collected under this section shall be
377used for funding the hands-on training centers described in s.
380The funds collected pursuant to this subsection must be
381deposited in a trust fund administered by the department, to be
382used for the purposes stated in this section and ss. 381.0065
383and 381.00655.
384     Section 9.  Paragraph (a) of subsection (2), paragraph (a)
385of subsection (3), and paragraph (a) of subsection (4) of
386section 381.0072, Florida Statutes, are amended to read:
387     381.0072  Food service protection.--It shall be the duty of
388the Department of Health to adopt and enforce sanitation rules
389consistent with law to ensure the protection of the public from
390food-borne illness. These rules shall provide the standards and
391requirements for the storage, preparation, serving, or display
392of food in food service establishments as defined in this
393section and which are not permitted or licensed under chapter
394500 or chapter 509.
395     (2)  DUTIES.--
396     (a)  The department shall adopt rules, including
397definitions of terms which are consistent with law prescribing
398minimum sanitation standards and manager certification
399requirements as prescribed in s. 509.039, and which shall be
400enforced in food service establishments as defined in this
401section. The sanitation standards must address the construction,
402operation, and maintenance of the establishment; lighting,
403ventilation, laundry rooms, lockers, use and storage of toxic
404materials and cleaning compounds, and first-aid supplies; plan
405review; design, construction, installation, location,
406maintenance, sanitation, and storage of food equipment and
407utensils; employee training, health, hygiene, and work
408practices; food supplies, preparation, storage, transportation,
409and service, including access to the areas where food is stored
410or prepared; and sanitary facilities and controls, including
411water supply and sewage disposal; plumbing and toilet
412facilities; garbage and refuse collection, storage, and
413disposal; and vermin control. Public and private schools,
414provided that the food service is operated by school employees,
415hospitals licensed under chapter 395, nursing homes licensed
416under part II of chapter 400, child care facilities as defined
417in s. 402.301, and residential facilities colocated with a
418nursing home or hospital if all food is prepared in a central
419kitchen that complies with nursing or hospital regulations, and
420bars and lounges, as defined by rule of the department, shall be
421exempt from the rules developed for manager certification. The
422department shall administer a comprehensive inspection,
423monitoring, and sampling program to ensure such standards are
424maintained. With respect to food service establishments
425permitted or licensed under chapter 500 or chapter 509, the
426department shall assist the Division of Hotels and Restaurants
427of the Department of Business and Professional Regulation and
428the Department of Agriculture and Consumer Services with
429rulemaking by providing technical information.
430     (3)  LICENSES REQUIRED.--
431     (a)  Licenses; annual renewals.--Each food service
432establishment regulated under this section shall obtain a
433license from the department annually. Food service establishment
434licenses shall expire annually and shall not be transferable
435from one place or individual to another. However, those
436facilities licensed by the department's Office of Licensure and
437Certification, the Child Care Services Program Office, or the
438Developmental Disabilities Program Office are exempt from this
439subsection. It shall be a misdemeanor of the second degree,
440punishable as provided in s. 381.0061, s. 775.082, or s.
441775.083, for such an establishment to operate without this
442license. The department may refuse a license, or a renewal
443thereof, to any establishment that is not constructed or
444maintained in accordance with law and with the rules of the
445department. Annual application for renewal shall not be
448     (a)  The department is authorized to collect fees from
449establishments licensed under this section and from those
450facilities exempted from licensure under paragraph (3)(a). It is
451the intent of the Legislature that the total fees assessed under
452this section be in an amount sufficient to meet the cost of
453carrying out the provisions of this section.
454     Section 10.  Section 381.0409, Florida Statutes, is created
455to read:
456     381.0409  Tobacco prevention program.-?The Department of
457Health shall establish a comprehensive tobacco prevention
458program designed to reduce premature mortality, reduce
459morbidity, and increase the life expectancy of people in the
460state through public health interventions at the state and local
461levels. Implementation of this program is contingent upon the
462department's receiving a specific appropriation for this
464     (1)  The comprehensive tobacco prevention program shall
465include the following components:
466     (a)  Program elements based on the best practices for
467comprehensive tobacco control programs identified by the United
468States Centers for Disease Control and Prevention and on the
469peer-reviewed scientific literature on tobacco prevention.
470     (b)  Advocacy organizations of middle, high school, and
471college students.
472     (c)  Cessation programs for youth and adults through
473schools, county health departments, and local providers,
474including a toll-free telephone "quit line."
475     (d)  Partnerships with local communities and schools to
476prevent and reduce tobacco use, including reducing disparities
477in tobacco use among different population groups.
478     (e)  Local and statewide media campaigns separately
479targeted to youth and adults.
480     (f)  Implementation of the provisions of the Florida Clean
481Indoor Air Act under part II of chapter 386 that are applicable
482to the department.
483     (2)  The department shall act as a clearinghouse for
484information on best practices and shall provide technical
485assistance and training to state and local entities on tobacco
486prevention activities.
487     (3)  The department may accept funds from the private
488sector to implement this section.
489     (4)  The department shall conduct surveillance and
490evaluations to measure program performance and improve
491implementation strategies.
492     (5)  The department may contract for any of the activities
493specified in this section.
494     Section 11.  Section 381.86, Florida Statutes, is created
495to read:
496     381.86  Department of Health Institutional Review Board.--
497     (1)  The Department of Health Institutional Review Board is
498hereby created to satisfy federal requirements under 45 C.F.R.
499part 46 and 21 C.F.R. parts 50 and 56 for an institutional
500review board to review all biomedical and behavioral research on
501human subjects that the department funds or supports in any
502manner, including the permitting of access to department data or
503department resources.
504     (2)  Consistent with federal requirements, the Secretary of
505Health shall determine and appoint the membership on the board
506and designate the chair.
507     (3)  The department's institutional review board may serve
508as an institutional review board for other agencies at the
509discretion of the secretary.
510     (4)  Each board member shall be entitled to per diem and
511travel expenses as provided in s. 112.061 while carrying out the
512official business of the board.
513     (5)  The department shall charge for reasonable costs it
514incurs for the research oversight it provides according to a fee
515schedule, except that students who are candidates for degrees in
516universities located in this state shall have fees waived. The
517fee schedule shall provide for fees for initial review,
518amendments, and continuing review. The department may adopt
519rules as necessary to comply with federal requirements and this
520section. Such rules shall also prescribe procedures to apply for
521review by the institutional review board.
522     Section 12.  Paragraph (e) of subsection (2) of section
523381.7353, Florida Statutes, is amended to read:
524     381.7353  Reducing Racial and Ethnic Health Disparities:
525Closing the Gap grant program; administration; department
527     (2)  The department shall:
528     (e)  Coordinate with existing community-based programs,
529such as chronic disease community intervention programs, cancer
530prevention and control programs, diabetes control programs, oral
531health care programs, the Healthy Start program, the Florida
532KidCare Program, the HIV/AIDS program, immunization programs,
533and other related programs at the state and local levels, to
534avoid duplication of effort and promote consistency.
535     Section 13.  Paragraph (a) of subsection (2) of section
536381.7355, Florida Statutes, is amended to read:
537     381.7355  Project requirements; review criteria.--
538     (2)  A proposal must include each of the following
540     (a)  The purpose and objectives of the proposal, including
541identification of the particular racial or ethnic disparity the
542project will address. The proposal must address one or more of
543the following priority areas:
544     1.  Decreasing racial and ethnic disparities in maternal
545and infant mortality rates.
546     2.  Decreasing racial and ethnic disparities in morbidity
547and mortality rates relating to cancer.
548     3.  Decreasing racial and ethnic disparities in morbidity
549and mortality rates relating to HIV/AIDS.
550     4.  Decreasing racial and ethnic disparities in morbidity
551and mortality rates relating to cardiovascular disease.
552     5.  Decreasing racial and ethnic disparities in morbidity
553and mortality rates relating to diabetes.
554     6.  Increasing adult and child immunization rates in
555certain racial and ethnic populations.
556     7.  Decreasing racial and ethnic disparities in oral health
558     Section 14.  Paragraphs (b) and (c) of subsection (3) of
559section 381.89, Florida Statutes, are amended to read:
560     381.89  Regulation of tanning facilities.--
561     (3)
562     (b)  The department shall establish procedures for the
563issuance and annual renewal of licenses and shall establish
564annual license and renewal fees and late payment fees in an
565amount necessary to cover the expenses of administering this
566section. Annual license and renewal fees shall be not be less
567than $125 nor more than $250 per tanning device, and a maximum
568total fee per individual tanning facility may be set by rule.
569Effective October 1, 1991, the fee amount shall be the minimum
570fee proscribed in this paragraph and such fee amount shall
571remain in effect until the effective date of a fee schedule
572adopted by the department.
573     (c)  The department may adopt a system under which licenses
574expire on staggered dates and the annual renewal fees are
575prorated quarterly monthly to reflect the actual number of
576months the license is valid.
577     Section 15.  Subsection (3) and paragraph (a) of subsection
578(7) of section 381.90, Florida Statutes, are amended to read:
579     381.90  Health Information Systems Council; legislative
580intent; creation, appointment, duties.--
581     (3)  The council shall be composed of the following members
582or their senior executive-level designees:
583     (a)  The Secretary of the Department of Health;
584     (b)  The Executive Director secretary of the Department of
585Veterans' Affairs Business and Professional Regulation;
586     (c)  The Secretary of the Department of Children and Family
588     (d)  The Secretary of Health Care Administration;
589     (e)  The Secretary of the Department of Corrections;
590     (f)  The Attorney General;
591     (g)  The executive director of the Correctional Medical
593     (h)  Two members representing county health departments,
594one from a small county and one from a large county, appointed
595by the Governor;
596     (i)  A representative from the Florida Association of
598     (j)  The Chief Financial Officer;
599     (k)  A representative from the Florida Healthy Kids
601     (l)  A representative from a school of public health chosen
602by the Commissioner of Education Board of Regents;
603     (m)  The Commissioner of Education;
604     (n)  The Secretary of the Department of Elderly Affairs;
606     (o)  The Secretary of the Department of Juvenile Justice.
608Representatives of the Federal Government may serve without
609voting rights.
610     (7)  The council's duties and responsibilities include, but
611are not limited to, the following:
612     (a)  By June March 1 of each year, to develop and approve a
613strategic plan pursuant to the requirements set forth in s.
614186.022(9). Copies of the plan shall be transmitted
615electronically or in writing to the Executive Office of the
616Governor, the Speaker of the House of Representatives, and the
617President of the Senate.
618     Section 16.  Subsections (1), (2), and (5) and paragraphs
619(f) and (g) of subsection (3) of section 383.14, Florida
620Statutes, are amended to read:
621     383.14  Screening for metabolic disorders, other hereditary
622and congenital disorders, and environmental risk factors.--
623     (1)  SCREENING REQUIREMENTS.--To help ensure access to the
624maternal and child health care system, the Department of Health
625shall promote the screening of all newborns infants born in
626Florida for phenylketonuria and other metabolic, hereditary, and
627congenital disorders known to result in significant impairment
628of health or intellect, as screening programs accepted by
629current medical practice become available and practical in the
630judgment of the department. The department shall also promote
631the identification and screening of all newborns infants born in
632this state and their families for environmental risk factors
633such as low income, poor education, maternal and family stress,
634emotional instability, substance abuse, and other high-risk
635conditions associated with increased risk of newborn infant
636mortality and morbidity to provide early intervention,
637remediation, and prevention services, including, but not limited
638to, parent support and training programs, home visitation, and
639case management. Identification, perinatal screening, and
640intervention efforts shall begin prior to and immediately
641following the birth of the child by the attending health care
642provider. Such efforts shall be conducted in hospitals,
643perinatal centers, county health departments, school health
644programs that provide prenatal care, and birthing centers, and
645reported to the Office of Vital Statistics.
646     (a)  Prenatal screening.--The department shall develop a
647multilevel screening process that includes a risk assessment
648instrument to identify women at risk for a preterm birth or
649other high-risk condition. The primary health care provider
650shall complete the risk assessment instrument and report the
651results to the Office of Vital Statistics so that the woman may
652immediately be notified and referred to appropriate health,
653education, and social services.
654     (b)  Postnatal screening.--A risk factor analysis using the
655department's designated risk assessment instrument shall also be
656conducted as part of the medical screening process upon the
657birth of a child and submitted to the department's Office of
658Vital Statistics for recording and other purposes provided for
659in this chapter. The department's screening process for risk
660assessment shall include a scoring mechanism and procedures that
661establish thresholds for notification, further assessment,
662referral, and eligibility for services by professionals or
663paraprofessionals consistent with the level of risk. Procedures
664for developing and using the screening instrument, notification,
665referral, and care coordination services, reporting
666requirements, management information, and maintenance of a
667computer-driven registry in the Office of Vital Statistics which
668ensures privacy safeguards must be consistent with the
669provisions and plans established under chapter 411, Pub. L. No.
67099-457, and this chapter. Procedures established for reporting
671information and maintaining a confidential registry must include
672a mechanism for a centralized information depository at the
673state and county levels. The department shall coordinate with
674existing risk assessment systems and information registries. The
675department must ensure, to the maximum extent possible, that the
676screening information registry is integrated with the
677department's automated data systems, including the Florida On-
678line Recipient Integrated Data Access (FLORIDA) system. Tests
679and screenings must be performed by the State Public Health
680Laboratory, in coordination with Children's Medical Services, at
681such times and in such manner as is prescribed by the department
682after consultation with the Genetics and Newborn Infant
683Screening Advisory Council and the State Coordinating Council
684for School Readiness Programs.
685     (c)  Release of screening results.--Notwithstanding any
686other provision of law, the State Public Health Laboratory may
687release, directly or through Children's Medical Services, a
688newborn's hearing or metabolic test and screening results to the
689newborn's primary care physician.
690     (2)  RULES.--After consultation with the Genetics and
691Newborn Infant Screening Advisory Council, the department shall
692adopt and enforce rules requiring that every newborn infant born
693in this state shall, prior to becoming 1 week 2 weeks of age, be
694subjected to a test for phenylketonuria and, at the appropriate
695age, be tested for such other metabolic diseases and hereditary
696or congenital disorders as the department may deem necessary
697from time to time. After consultation with the State
698Coordinating Council for School Readiness Programs, the
699department shall also adopt and enforce rules requiring every
700newborn infant born in this state to be screened for
701environmental risk factors that place children and their
702families at risk for increased morbidity, mortality, and other
703negative outcomes. The department shall adopt such additional
704rules as are found necessary for the administration of this
705section, including rules for processing requests and releasing
706test and screening results, rules providing definitions of
707terms, rules relating to the methods used and time or times for
708testing as accepted medical practice indicates, rules relating
709to charging and collecting fees for screenings authorized by
710this section, and rules requiring mandatory reporting of the
711results of tests and screenings for these conditions to the
714department shall administer and provide certain services to
715implement the provisions of this section and shall:
716     (f)  Promote the availability of genetic studies and
717counseling in order that the parents, siblings, and affected
718newborns infants may benefit from available knowledge of the
720     (g)  Have the authority to charge and collect fees for
721screenings authorized in this section, as follows:
722     1.  A fee of $20 will be charged for each live birth, as
723recorded by the Office of Vital Statistics, occurring in a
724hospital licensed under part I of chapter 395 or a birth center
725licensed under s. 383.305, up to 3,000 live births per licensed
726hospital per year or over 60 births per birth center per year.
727The department shall calculate the annual assessment for each
728hospital and birth center, and this assessment must be paid in
729equal amounts quarterly. Quarterly, the department shall
730generate and mail to each hospital and birth center a statement
731of the amount due.
732     2.  As part of the department's legislative budget request
733prepared pursuant to chapter 216, the department shall submit a
734certification by the department's inspector general, or the
735director of auditing within the inspector general's office, of
736the annual costs of the uniform testing and reporting procedures
737of the newborn infant screening program. In certifying the
738annual costs, the department's inspector general or the director
739of auditing within the inspector general's office shall
740calculate the direct costs of the uniform testing and reporting
741procedures, including applicable administrative costs.
742Administrative costs shall be limited to those department costs
743which are reasonably and directly associated with the
744administration of the uniform testing and reporting procedures
745of the newborn infant screening program.
747All provisions of this subsection must be coordinated with the
748provisions and plans established under this chapter, chapter
749411, and Pub. L. No. 99-457.
750     (5)  ADVISORY COUNCIL.--There is established a Genetics and
751Newborn Infant Screening Advisory Council made up of 15 12
752members appointed by the Secretary of Health. The council shall
753be composed of two consumer members, three practicing
754pediatricians, at least one of whom must be a pediatric
755hematologist, one representative from each of the four medical
756schools in the state, the Secretary of Health or his or her
757designee, one representative from the Department of Health
758representing Children's Medical Services, one representative
759from the Florida Hospital Association, one representative with
760experience in newborn screening programs, one representative
761representing audiologists, and one representative from the
762Developmental Disabilities Program Office of the Department of
763Children and Family Services. All appointments shall be for a
764term of 4 years. The chairperson of the council shall be elected
765from the membership of the council and shall serve for a period
766of 2 years. The council shall meet at least semiannually or upon
767the call of the chairperson. The council may establish ad hoc or
768temporary technical advisory groups to assist the council with
769specific topics which come before the council. Council members
770shall serve without pay. Pursuant to the provisions of s.
771112.061, the council members are entitled to be reimbursed for
772per diem and travel expenses. It is the purpose of the council
773to advise the department about:
774     (a)  Conditions for which testing should be included under
775the screening program and the genetics program.;
776     (b)  Procedures for collection and transmission of
777specimens and recording of results.; and
778     (c)  Methods whereby screening programs and genetics
779services for children now provided or proposed to be offered in
780the state may be more effectively evaluated, coordinated, and
782     Section 17.  Subsection (1) of section 383.402, Florida
783Statutes, is amended to read:
784     383.402  Child abuse death review; State Child Abuse Death
785Review Committee; local child abuse death review committees.--
786     (1)  It is the intent of the Legislature to establish a
787statewide multidisciplinary, multiagency child abuse death
788assessment and prevention system that consists of state and
789local review committees. The state and local review committees
790shall review the facts and circumstances of all deaths of
791children from birth through age 18 which occur in this state as
792the result of verified child abuse or neglect and for whom at
793least one report of abuse or neglect was accepted by the central
794abuse hotline within the Department of Children and Family
795Services. The purpose of the review shall be to:
796     (a)  Achieve a greater understanding of the causes and
797contributing factors of deaths resulting from child abuse.
798     (b)  Whenever possible, develop a communitywide approach to
799address such cases and contributing factors.
800     (c)  Identify any gaps, deficiencies, or problems in the
801delivery of services to children and their families by public
802and private agencies which may be related to deaths that are the
803result of child abuse.
804     (d)  Make and implement recommendations for changes in law,
805rules, and policies, as well as develop practice standards that
806support the safe and healthy development of children and reduce
807preventable child abuse deaths.
808     Section 18.  Subsection (2) of section 391.021, Florida
809Statutes, is amended to read:
810     391.021  Definitions.--When used in this act, unless the
811context clearly indicates otherwise:
812     (2)  "Children with special health care needs" means those
813children who have not reached 21 years of age who have chronic
814physical, developmental, behavioral, or emotional conditions and
815who also require health care and related services of a type or
816amount beyond that which is generally required by children under
817age 21 years whose serious or chronic physical or developmental
818conditions require extensive preventive and maintenance care
819beyond that required by typically healthy children. Health care
820utilization by these children exceeds the statistically expected
821usage of the normal child adjusted for chronological age. These
822children often need complex care requiring multiple providers,
823rehabilitation services, and specialized equipment in a number
824of different settings.
825     Section 19.  Section 391.025, Florida Statutes, is amended
826to read:
827     391.025  Applicability and scope.--
828     (1)  This act applies to health services provided to
829eligible individuals who are:
830     (a)1.  Enrolled in the Medicaid program;
831     2.  Enrolled in the Florida Kidcare program; and
832     3.  Uninsured or underinsured, provided that they meet the
833financial eligibility requirements established in this act, and
834to the extent that resources are appropriated for their care; or
835     (b)  Infants who receive an award of compensation under s.
837     (1)(2)  The Children's Medical Services program consists of
838the following components:
839     (a)  The newborn infant metabolic screening program
840established in s. 383.14.
841     (b)  The regional perinatal intensive care centers program
842established in ss. 383.15-383.21.
843     (c)  A federal or state program authorized by the
845     (d)  The developmental evaluation and intervention program,
846including the Infants and Toddlers Early Intervention Program.
847     (e)  The Children's Medical Services network.
848     (2)(3)  The Children's Medical Services program shall not
849be deemed an insurer and is not subject to the licensing
850requirements of the Florida Insurance Code or the rules adopted
851thereunder, when providing services to children who receive
852Medicaid benefits, other Medicaid-eligible children with special
853health care needs, and children participating in the Florida
854Kidcare program.
855     Section 20.  Section 391.029, Florida Statutes, is amended
856to read:
857     391.029  Program eligibility.--
858     (1)  The department shall establish the medical criteria to
859determine if an applicant for the Children's Medical Services
860program is an eligible individual.
861     (2)  The following individuals are financially eligible to
862receive services through for the program:
863     (a)  A high-risk pregnant female who is eligible for
865     (b)  Children A child with special health care needs from
866birth to age 21 years of age who are is eligible for Medicaid.
867     (c)  Children A child with special health care needs from
868birth to age 19 years of age who are is eligible for a program
869under Title XXI of the Social Security Act.
870     (3)  Subject to the availability of funds, the following
871individuals may receive services through the program:
872     (a)(d)  Children A child with special health care needs
873from birth to age 21 years of age whose family income is above
874financial eligibility requirements under Title XXI of the Social
875Security Act and whose projected annual cost of care adjusts the
876family income to Medicaid financial criteria. In cases where the
877family income is adjusted based on a projected annual cost of
878care, the family shall participate financially in the cost of
879care based on criteria established by the department.
880     (b)(e)  Children A child with special health care needs
881from birth to 21 years of age, as provided defined in Title V of
882the Social Security Act relating to children with special health
883care needs.
884     (c)(f)  A newborn An infant who receives an award of
885compensation under s. 766.31(1). The Florida Birth-Related
886Neurological Injury Compensation Association shall reimburse the
887Children's Medical Services Network the state's share of
888funding, which must thereafter be used to obtain matching
889federal funds under Title XXI of the Social Security Act.
891The department may continue to serve certain children with
892special health care needs who are 21 years of age or older and
893who were receiving services from the program prior to April 1,
8941998. Such children may be served by the department until July
8951, 2000.
896     (4)(3)  The department shall determine the financial and
897medical eligibility of children for the program. The department
898shall also determine the financial ability of the parents, or
899persons or other agencies having legal custody over such
900individuals, to pay the costs of health services under the
901program. The department may pay reasonable travel expenses
902related to the determination of eligibility for or the provision
903of health services.
904     (5)(4)  Any child who has been provided with surgical or
905medical care or treatment under this act prior to being adopted
906shall continue to be eligible to be provided with such care or
907treatment after his or her adoption, regardless of the financial
908ability of the persons adopting the child.
909     Section 21.  Subsection (4) is added to section 391.035,
910Florida Statutes, to read:
911     391.035  Provider qualifications.--
912     (4)  Notwithstanding any other provision of law, the
913department may contract with health care providers licensed in
914another state to provide health services to participants in the
915Children's Medical Services program when necessary due to an
916emergency, the availability of specialty services, or a greater
917convenience to the participant for receiving timely and
918effective health care services. The department may adopt rules
919to administer this subsection.
920     Section 22.  Subsection (4) is added to section 391.055,
921Florida Statutes, to read:
922     391.055  Service delivery systems.--
923     (4)  If a newborn has an abnormal screening result for
924metabolic or other hereditary and congenital disorders which is
925identified through the newborn screening program pursuant to s.
926383.14, the newborn shall be referred to Children's Medical
927Services for additional testing, medical management, early
928intervention services, or medical referral.
929     Section 23.  Subsection (4) of section 391.301, Florida
930Statutes, is renumbered as subsection (3), and present
931subsection (3) of said section is amended to read:
932     391.301  Developmental evaluation and intervention
933programs; legislative findings and intent.--
934     (3)  It is the intent of the Legislature to provide a
935statewide coordinated program to screen, diagnose, and manage
936high-risk infants identified as hearing-impaired. The program
937shall develop criteria to identify infants who are at risk of
938having hearing impairments, and shall ensure that all parents or
939guardians of newborn infants are provided with materials
940regarding hearing impairments prior to discharge of the newborn
941infants from the hospital.
942     Section 24.  Subsections (4), (5), and (6) of section
943391.302, Florida Statutes, are renumbered as subsections (2),
944(3), and (4), respectively, and present subsections (2) and (3)
945of said section are amended to read:
946     391.302  Definitions.--As used in ss. 391.301-391.307, the
948     (2)  "Hearing-impaired infant" means an infant who is born
949with or who has acquired prelingually a hearing loss so severe
950that, unaided, the infant cannot learn speech and language
951through normal means.
952     (3)  "High-risk hearing-impaired infant" means an infant
953who exhibits conditions and factors that include, but are not
954limited to, a family history of hearing impairment or anatomic
955malformation which place the infant at an increased risk for
956hearing impairment.
957     Section 25.  Section 391.303, Florida Statutes, is amended
958to read:
959     391.303  Program requirements.--
960     (1)  Developmental evaluation and intervention services
961shall be established at each hospital that provides Level II or
962Level III neonatal intensive care services. Program services
963shall be made available to an infant or toddler identified as
964being at risk for developmental disabilities, or identified as
965medically involved, who, along with his or her family, would
966benefit from program services. Program services shall be made
967available to infants or toddlers in a Level II or Level III
968neonatal intensive care unit or in a pediatric intensive care
969unit, infants who are identified as being at high risk for
970hearing impairment or who are hearing-impaired, or infants who
971have a metabolic or genetic disorder or condition identified
972through the newborn screening program. The developmental
973evaluation and intervention programs are subject to the
974availability of moneys and the limitations established by the
975General Appropriations Act or chapter 216. Hearing screening,
976Evaluation and referral services, and initial developmental
977assessments services shall be provided to each infant or
978toddler. Other program services may be provided to an infant or
979toddler, and the family of the infant or toddler, who do not
980meet the financial eligibility criteria for the Children's
981Medical Services program based on the availability of funding,
982including insurance and fees.
983     (2)  Each developmental evaluation and intervention program
984shall have a program director, a medical director, and necessary
985staff to carry out the program. The program director shall
986establish and coordinate the developmental evaluation and
987intervention program. The program shall include, but is not
988limited to:
989     (a)  In-hospital evaluation and intervention services,
990parent support and training, and family support planning and
991case management.
992     (b)  Screening and evaluation services to identify each
993infant at risk of hearing impairment, and a medical and
994educational followup and care management program for an infant
995who is identified as hearing-impaired, with management beginning
996as soon after birth as practicable. The medical management
997program must include the genetic evaluation of an infant
998suspected to have genetically determined deafness and an
999evaluation of the relative risk.
1000     (b)(c)  Regularly held multidisciplinary team meetings to
1001develop and update the family support plan. In addition to the
1002family, a multidisciplinary team may include a physician,
1003physician assistant, psychologist, psychotherapist, educator,
1004social worker, nurse, physical or occupational therapist, speech
1005pathologist, developmental evaluation and intervention program
1006director, case manager, others who are involved with the in-
1007hospital and posthospital discharge care plan, and anyone the
1008family wishes to include as a member of the team. The family
1009support plan is a written plan that describes the infant or
1010toddler, the therapies and services the infant or toddler and
1011his or her family need, and the intended outcomes of the
1013     (c)(d)  Discharge planning by the multidisciplinary team,
1014including referral and followup to primary medical care and
1015modification of the family support plan.
1016     (d)(e)  Education and training for neonatal and pediatric
1017intensive care services staff, volunteers, and others, as
1018needed, in order to expand the services provided to high-risk,
1019developmentally disabled, or medically involved, or hearing-
1020impaired infants and toddlers and their families.
1021     (e)(f)  Followup intervention services after hospital
1022discharge, to aid the family and the high-risk, developmentally
1023disabled, or medically involved, or hearing-impaired infant's or
1024toddler's transition into the community. Support services shall
1025be coordinated at the request of the family and within the
1026context of the family support plan.
1027     (f)(g)  Referral to and coordination of services with
1028community providers.
1029     (g)(h)  Educational materials about infant care, infant
1030growth and development, community resources, medical conditions
1031and treatments, and family advocacy. Materials regarding hearing
1032impairments shall be provided to each parent or guardian of a
1033hearing-impaired infant or toddler.
1034     (h)(i)  Involvement of the parents and guardians of each
1035identified high-risk, developmentally disabled, or medically
1036involved, or hearing-impaired infant or toddler.
1037     Section 26.  Subsections (3) through (6) of section
1038391.305, Florida Statutes, are renumbered as subsections (2)
1039through (5), respectively, and present subsection (2) of said
1040section is amended to read:
1041     391.305  Program standards; rules.--
1042     (2)  Criteria and procedures for screening, identifying,
1043and diagnosing hearing-impaired infants.
1044     Section 27.  Section 391.308, Florida Statutes, is created
1045to read:
1046     391.308  Infants and Toddlers Early Intervention
1047program.--The Department of Health may implement and administer
1048The Department of Health may implement and administer Part C of
1049the federal Individuals with Disabilities Education Act (IDEA).
1050     (1)  The department, jointly with the Department of
1051Education, shall annually prepare a grant application to the
1052United States Department of Education for funding early
1053intervention services for infants and toddlers with
1054disabilities, ages birth through 36 months, and their families
1055pursuant to Part C of the federal Individuals with Disabilities
1056Education Act.
1057     (2)  The department, jointly with the Department of
1058Education, shall include a reading initiative as an early
1059intervention service for infants and toddlers.
1060     Section 28.  Subsections (3) and (4) of section 395.1027,
1061Florida Statutes, are renumbered as subsections (4) and (5),
1062respectively, and a new subsection (3) is added to said section
1063to read:
1064     395.1027  Regional poison control centers.--
1065     (3)  Upon request, a licensed facility shall release to a
1066regional poison control center any patient information that is
1067necessary for case management of poison cases.
1068     Section 29.  Section 395.404, Florida Statutes, is amended
1069to read:
1070     395.404  Review of trauma registry data; report to central
1071registry; confidentiality and limited release.--
1072     (1)(a)  Each trauma center shall furnish, and all acute
1073care hospitals, upon request of the department, shall furnish
1074for department review, trauma registry data as prescribed by
1075rule of the department for the purpose of monitoring patient
1076outcome and ensuring compliance with the standards of approval.
1077     (b)(3)  Trauma registry data obtained pursuant to this
1078subsection section are confidential and exempt from the
1079provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1080Constitution. However, the department may provide such trauma
1081registry data to the person, trauma center, pediatric trauma
1082referral center, hospital, emergency medical service provider,
1083local or regional trauma agency, medical examiner, or other
1084entity from which the data were obtained. The department may
1085also use or provide trauma registry data for purposes of
1086research in accordance with the provisions of chapter 405.
1087     (2)  Each trauma center and acute care hospital shall
1088report to the department's brain and spinal cord injury central
1089registry consistent with the procedures and timeframes under s.
1090381.74 any person who has a moderate to severe brain or spinal
1091cord injury and shall include the name, age, residence, and type
1092of disability of the individual and such additional information
1093as may be deemed necessary by the department. Notwithstanding
1094the provisions of s. 381.74, each trauma center and acute care
1095hospital shall submit severe disability and head-injury registry
1096data to the department as provided by rule. Each trauma center
1097and acute care hospital shall continue to provide initial
1098notification of persons who have severe disabilities and head
1099injuries to the Department of Health within timeframes provided
1100in chapter 413. Such initial notification shall be made in the
1101manner prescribed by the Department of Health for the purpose of
1102providing timely vocational rehabilitation services to the
1103severely disabled or head-injured person.
1104     Section 30.  Subsections (3) and (4) of section 400.9905,
1105Florida Statutes, are renumbered as subsections (4) and (5),
1106respectively, and amended, and new subsections (3), (6), and (7)
1107are added to said section, to read:
1108     400.9905  Definitions.--
1109     (3)  "Chief financial officer" means an individual who has
1110a bachelor's degree from an accredited university in accounting
1111or finance, or a related field, and who is the person
1112responsible for the preparation of a clinic's billing.
1113     (4)(3)  "Clinic" means an entity at which health care
1114services are provided to individuals and which tenders charges
1115for reimbursement for such services, including a mobile clinic
1116and a portable equipment provider. For purposes of this part,
1117the term does not include and the licensure requirements of this
1118part do not apply to:
1119     (a)  Entities licensed or registered by the state that
1120provide only health care services within the scope of services
1121authorized under their respective licenses granted under s.
1122383.30, chapter 390, chapter 394, chapter 395, chapter 397, this
1123chapter except part XIII, chapter 463, chapter 465, chapter 466,
1124chapter 478, part I of chapter 483 chapter 480, chapter 484, or
1125chapter 651; end-stage renal disease providers authorized under
112642 C.F.R. part 405, subpart U; or providers certified under 42
1127C.F.R. part 485, subpart B or H.
1128     (b)  Entities that own, directly or indirectly, entities
1129licensed or registered by the state and providing only health
1130care services within the scope of services authorized pursuant
1131to their respective licenses granted under s. 383.30, chapter
1132390, chapter 394, chapter 395, chapter 397, this chapter except
1133part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1134part I of chapter 483 chapter 480, chapter 484, or chapter 651,
1135or end-stage renal disease providers authorized under 42 C.F.R.
1136part 405, subpart U, or providers certified under 42 C.F.R. part
1137485, subpart B or H.
1138     (c)  Entities that are owned, directly or indirectly, by an
1139entity licensed or registered by the state and that provide only
1140health care services within the scope of services authorized
1141pursuant to their respective licenses granted under s. 383.30,
1142chapter 390, chapter 394, chapter 395, chapter 397, this chapter
1143except part XIII, chapter 463, chapter 465, chapter 466, chapter
1144478, part I of chapter 483 chapter 480, chapter 484, or chapter
1145651; end-stage renal disease providers authorized under 42
1146C.F.R. part 405, subpart U; or providers certified under 42
1147C.F.R. part 485, subpart B or H.
1148     (d)  Entities that are under common ownership, directly or
1149indirectly, with an entity licensed or registered by the state
1150and that provide only health care services within the scope of
1151services authorized pursuant to their respective licenses
1152granted under s. 383.30, chapter 390, chapter 394, chapter 395,
1153chapter 397, this chapter except part XIII, chapter 463, chapter
1154465, chapter 466, chapter 478, part I of chapter 483 chapter
1155480, chapter 484, or chapter 651; end-stage renal disease
1156providers authorized under 42 C.F.R. part 405, subpart U; or
1157providers certified under 42 C.F.R. part 485, subpart B or H.
1158     (e)  An entity that is exempt from federal taxation under
115926 U.S.C. s. 501(c)(3) or s. 501(c)(4) and any community college
1160or university clinic or any entity owned or operated by federal
1161or state government, including agencies, subdivisions, or
1162municipalities thereof.
1163     (f)  A sole proprietorship, group practice, partnership, or
1164corporation that provides health care services by licensed
1165health care practitioners under chapter 457, chapter 458,
1166chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1167chapter 466, chapter 467, chapter 480 chapter 484, chapter 486,
1168chapter 490, chapter 491, or part I, part III, part X, part
1169XIII, or part XIV of chapter 468, or s. 464.012, which are
1170wholly owned by one or more a licensed health care practitioners
1171set forth in this paragraph practitioner, or the licensed health
1172care practitioner and the spouse, parent, or child of a licensed
1173health care practitioner, so long as one of the owners who is a
1174licensed health care practitioner is supervising the business
1175activities services performed therein and is legally responsible
1176for the entity's compliance with all federal and state laws.
1177Violation of any federal or state law by an employee, owner,
1178partner, or shareholder providing health care services at the
1179entity shall constitute a violation of s. 456.072(1)(k) by the
1180licensee violating the federal or state law and by the
1181supervising owner However, a health care practitioner may not
1182supervise services beyond the scope of the practitioner's
1184     (g)  Clinical facilities affiliated with an accredited
1185medical school at which training is provided for medical
1186students, residents, or fellows.
1187     (5)(4)  "Medical director" means a physician who is
1188employed or under contract with a clinic and who maintains a
1189full and unencumbered physician license in accordance with
1190chapter 458, chapter 459, chapter 460, or chapter 461. However,
1191if the clinic does not provide services pursuant to the
1192respective physician practices acts listed in this subsection,
1193it is limited to providing health care services pursuant to
1194chapter 457, chapter 484, chapter 486, chapter 490, or chapter
1195491 or part I, part III, part X, part XIII, or part XIV of
1196chapter 468, the clinic may appoint a Florida-licensed health
1197care practitioner who does not provide services pursuant to the
1198respective physician practices acts listed in this subsection
1199licensed under that chapter to serve as a clinic director who is
1200responsible for the clinic's activities. A health care
1201practitioner may not serve as the clinic director if the
1202services provided at the clinic are beyond the scope of that
1203practitioner's license, except that a licensee specified in s.
1204456.053(3)(b) who provides only services authorized pursuant to
1205s. 456.053(3)(b) may serve as clinic director of an entity
1206providing services as specified in s. 456.053(3)(b).
1207     (6)  "Mobile clinic" means a movable or detached self-
1208contained health care unit within or from which direct health
1209care services are provided to individuals and which otherwise
1210meets the definition of a clinic in subsection (3).
1211     (7)  "Portable equipment provider" means an entity that
1212contracts with or employs persons to provide portable equipment
1213to multiple locations performing treatment or diagnostic testing
1214of individuals, that bills third-party payors for those
1215services, and that otherwise meets the definition of a clinic in
1216subsection (3).
1217     Section 31.  Subsection (1) and paragraph (a) of subsection
1218(7) of section 400.991, Florida Statutes, are amended to read:
1219     400.991  License requirements; background screenings;
1221     (1)(a)  Each clinic, as defined in s. 400.9905, must be
1222licensed and shall at all times maintain a valid license with
1223the agency. Each clinic location shall be licensed separately
1224regardless of whether the clinic is operated under the same
1225business name or management as another clinic.
1226     (b)  Each mobile clinic must obtain a separate health care
1227clinic license and clinics must provide to the agency, at least
1228quarterly, its their projected street locations to enable the
1229agency to locate and inspect such clinics. Portable equipment
1230providers must obtain a health care clinic license for a single
1231administrative office and are not required to submit quarterly
1232projected street locations.
1233     (7)  Each applicant for licensure shall comply with the
1234following requirements:
1235     (a)  As used in this subsection, the term "applicant" means
1236individuals owning or controlling, directly or indirectly, 5
1237percent or more of an interest in a clinic; the medical or
1238clinic director, or a similarly titled person who is responsible
1239for the day-to-day operation of the licensed clinic; the
1240financial officer or similarly titled individual who is
1241responsible for the financial operation of the clinic; and
1242licensed health care practitioners medical providers at the
1244     Section 32.  Paragraph (g) of subsection (1), subsection
1245(9), and paragraph (b) of subsection (11) of section 400.9935,
1246Florida Statutes, are amended to read:
1247     400.9935  Clinic responsibilities.--
1248     (1)  Each clinic shall appoint a medical director or clinic
1249director who shall agree in writing to accept legal
1250responsibility for the following activities on behalf of the
1251clinic. The medical director or the clinic director shall:
1252     (g)  Conduct systematic reviews of clinic billings to
1253ensure that the billings are not fraudulent or unlawful. Upon
1254discovery of an unlawful charge, the medical director or clinic
1255director shall take immediate corrective action. If the clinic
1256performs only the technical component of magnetic resonance
1257imaging, static radiographs, computed tomography, or positron
1258emission tomography and provides the professional interpretation
1259of such services, in a fixed facility that is accredited by the
1260Joint Commission on Accreditation of Healthcare Organizations or
1261the Accreditation Association for Ambulatory Health Care and the
1262American College of Radiology, and if, in the preceding quarter,
1263the percentage of scans performed by that clinic that were
1264billed to a personal injury protection insurance carrier was
1265less than 15 percent, the chief financial officer of the clinic
1266may, in a written acknowledgment provided to the agency, assume
1267the responsibility for the conduct of the systematic reviews of
1268clinic billings to ensure that the billings are not fraudulent
1269or unlawful. With regard to clinics that share majority
1270ownership, the percentage of the scans performed that were
1271billed to a personal injury protection insurance carrier may be
1272calculated on a consolidated basis.
1273     (9)  Any person or entity providing health care services
1274which is not a clinic, as defined under s. 400.9905, may
1275voluntarily apply for a certificate of exemption from licensure
1276under its exempt status with the agency on a form that sets
1277forth its name or names and addresses, a statement of the
1278reasons why it cannot be defined as a clinic, and other
1279information deemed necessary by the agency. An exemption is not
1280transferable. The agency is authorized to charge all applicants
1281for certificates of exemption an amount equal to $100 or the
1282actual cost of processing the certificate, whichever is less.
1283     (11)
1284     (b)  The agency may deny disallow the application or revoke
1285the license of any entity formed for the purpose of avoiding
1286compliance with the accreditation provisions of this subsection
1287and whose principals were previously principals of an entity
1288that was unable to meet the accreditation requirements within
1289the specified timeframes. The agency may adopt rules as to the
1290accreditation of magnetic resonance imaging clinics.
1291     Section 33.  Subsections (1) and (3) of section 400.995,
1292Florida Statutes, are amended, and a new subsection (10) is
1293added to said section, to read:
1294     400.995  Agency administrative penalties.--
1295     (1)  The agency may deny the application for a license
1296renewal or revoke or suspend the license and may impose
1297administrative fines penalties against clinics of up to $5,000
1298per violation for violations of the requirements of this part or
1299rules of the agency. In determining if a penalty is to be
1300imposed and in fixing the amount of the fine, the agency shall
1301consider the following factors:
1302     (a)  The gravity of the violation, including the
1303probability that death or serious physical or emotional harm to
1304a patient will result or has resulted, the severity of the
1305action or potential harm, and the extent to which the provisions
1306of the applicable laws or rules were violated.
1307     (b)  Actions taken by the owner, medical director, or
1308clinic director to correct violations.
1309     (c)  Any previous violations.
1310     (d)  The financial benefit to the clinic of committing or
1311continuing the violation.
1312     (3)  Any action taken to correct a violation shall be
1313documented in writing by the owner, medical director, or clinic
1314director of the clinic and verified through followup visits by
1315agency personnel. The agency may impose a fine and, in the case
1316of an owner-operated clinic, revoke or deny a clinic's license
1317when a clinic medical director or clinic director knowingly
1318fraudulently misrepresents actions taken to correct a violation.
1319     (10)  If the agency issues a notice of intent to deny a
1320license application after a temporary license has been issued
1321pursuant to s. 400.991(3), the temporary license shall expire on
1322the date of the notice and may not be extended during any
1323proceeding for administrative or judicial review pursuant to
1324chapter 120.
1325     Section 34.  The Agency for Health Care Administration is
1326directed to make refunds to applicants that submitted their
1327health care clinic licensure fees and applications but were
1328subsequently exempted from licensure by this act as follows:
1329     (1)  Seventy-five percent of the application fee if the
1330temporary license has not been issued;
1331     (2)  Fifty percent of the application fee if the temporary
1332license has been issued but the inspection has not been
1333completed; or
1334     (3)  No refund if the inspection has been completed.
1335     Section 35.  Any person or entity defined as a clinic under
1336s. 400.9905, Florida Statutes, shall not be in violation of part
1337XIII of chapter 400, Florida Statutes, due to failure to apply
1338for a clinic license by March 1, 2004. Payment to any such
1339person or entity by an insurer or other person liable for
1340payment to such person or entity may not be denied on the
1341grounds that the person or entity failed to apply for or obtain
1342a clinic license before July 1, 2004. This section is contingent
1343upon Senate Bill 2380 or similar legislation becoming law.
1344     Section 36.  Section 401.211, Florida Statutes, is amended
1345to read:
1346     401.211  Legislative intent.--The Legislature recognizes
1347that the systematic provision of emergency medical services
1348saves lives and reduces disability associated with illness and
1349injury. In addition, that system of care must be equally capable
1350of assessing, treating, and transporting children, adults, and
1351frail elderly persons. Further, it is the intent of the
1352Legislature to encourage the development and maintenance of
1353emergency medical services because such services are essential
1354to the health and well-being of all citizens of the state. The
1355Legislature also recognizes that the establishment of a
1356comprehensive statewide injury prevention program supports state
1357and community health systems by further enhancing the total
1358delivery system of emergency medical services and reduces
1359injuries for all persons. The purpose of this part is to protect
1360and enhance the public health, welfare, and safety through the
1361establishment of an emergency medical services state plan, an
1362advisory council, a comprehensive statewide injury prevention
1363program, minimum standards for emergency medical services
1364personnel, vehicles, services and medical direction, and the
1365establishment of a statewide inspection program created to
1366monitor the quality of patient care delivered by each licensed
1367service and appropriately certified personnel.
1368     Section 37.  Section 401.243, Florida Statutes, is created
1369to read:
1370     401.243  Injury prevention.--The department shall establish
1371an injury prevention program which shall be responsible for the
1372statewide coordination and expansion of injury prevention
1373activities. The duties of the program may include, but are not
1374limited to, data collection, surveillance, education, and the
1375promotion of interventions. In addition, the program may:
1376     (1)  Provide communities, county health departments, and
1377other state agencies with injury prevention expertise and
1379     (2)  Seek, receive, and expend funds received from grants,
1380donations, or contributions from public or private sources for
1381program purposes.
1382     (3)  Develop, and revise as necessary, a comprehensive
1383state plan for injury prevention.
1384     (4)  Adopt rules governing the implementation of grant
1385programs. Rules may include, but need not be limited to,
1386criteria regarding the application process, the selection of
1387grantees, the implementation of injury prevention activities,
1388data collection, surveillance, education, and the promotion of
1390     Section 38.  Subsection (4) of section 404.056, Florida
1391Statutes, is amended to read:
1392     404.056  Environmental radiation standards and projects;
1393certification of persons performing measurement or mitigation
1394services; mandatory testing; notification on real estate
1395documents; rules.--
1396     (4)  MANDATORY TESTING.--All public and private school
1397buildings or school sites housing students in kindergarten
1398through grade 12; all state-owned, state-operated, state-
1399regulated, or state-licensed 24-hour care facilities; and all
1400state-licensed day care centers for children or minors which are
1401located in counties designated within the Department of
1402Community Affairs' Florida Radon Protection Map Categories as
1403"Intermediate" or "Elevated Radon Potential" shall be measured
1404to determine the level of indoor radon, using measurement
1405procedures established by the department. Initial measurements
1406Testing shall be conducted completed within the first year of
1407construction in 20 percent of the habitable first floor spaces
1408within any of the regulated buildings and. Initial measurements
1409shall be completed and reported to the department within 1 by
1410July 1 of the year after the date the building is opened for
1411occupancy or within 1 year after license approval for the entity
1412residing in the existing building. Followup testing must be
1413completed in 5 percent of the habitable first floor spaces
1414within any of the regulated buildings after the building has
1415been occupied for 5 years, and results must be reported to the
1416department by the 1st day July 1 of the 6th 5th year of
1417occupancy. After radon measurements have been made twice,
1418regulated buildings need not undergo further testing unless
1419significant structural changes occur. No funds collected
1420pursuant to s. 553.721 shall be used to carry out the provisions
1421of this subsection.
1422     Section 39.  Subsection (1) and paragraph (g) of subsection
1423(3) of section 468.302, Florida Statutes, are amended to read:
1424     468.302  Use of radiation; identification of certified
1425persons; limitations; exceptions.--
1426     (1)  Except as hereinafter provided, no person shall use
1427radiation or otherwise practice radiologic technology on a human
1428being unless he or she:
1429     (a)  Is a licensed practitioner; or
1430     (b)  Is the holder of a certificate, as provided in this
1431part, and is operating under the direct supervision or general
1432supervision of a licensed practitioner in each particular case.
1433     (3)
1434     (g)1.  A person holding a certificate as a nuclear medicine
1435technologist may only:
1436     a.  Conduct in vivo and in vitro measurements of
1437radioactivity and administer radiopharmaceuticals to human
1438beings for diagnostic and therapeutic purposes.
1439     b.  Administer X-radiation from a combination nuclear
1440medicine-computed tomography device if that radiation is
1441administered as an integral part of a nuclear medicine procedure
1442that uses an automated computed tomography protocol for the
1443purposes of attenuation correction and anatomical localization
1444and the person has received device-specific training on the
1445combination device.
1446     2.  However, The authority of a nuclear medicine
1447technologist under this paragraph excludes:
1448     a.  Radioimmunoassay and other clinical laboratory testing
1449regulated pursuant to chapter 483.
1450     b.  Creating or modifying automated computed tomography
1452     c.  Any other operation of a computed tomography device,
1453especially for the purposes of stand-alone diagnostic imaging,
1454which must be performed by a general radiographer certified
1455under this part.
1456     Section 40.  Section 468.304, Florida Statutes, is amended
1457to read:
1458     468.304  Certification examination; admission.--The
1459department shall certify admit to examination for certification
1460any applicant who meets the following criteria:
1461     (1)  Pays to the department a nonrefundable fee not to
1462exceed $100 plus the actual per-applicant cost to the department
1463for purchasing the examination from a national organization.
1464     (2)  Submits a completed application on a form specified by
1465the department. An incomplete application shall expire 6 months
1466after initial filing. The application shall require the social
1467security number of the applicant. Each applicant shall notify
1468the department in writing of his or her current mailing address.
1469Notwithstanding the provisions of any other statute, service by
1470regular mail to an applicant's last reported mailing address
1471constitutes adequate and sufficient notice of any official
1472department communication to the applicant.
1473     (3)  and Submits satisfactory evidence, verified by oath or
1474affirmation, that she or he:
1475     (a)(1)  Is at least 18 years of age at the time of
1477     (b)(2)  Is a high school, vocational school, technical
1478school, or college graduate or has successfully completed the
1479requirements for a graduate equivalency diploma (GED) or its
1481     (c)(3)  Is of good moral character; and
1482     (d)  Has passed an examination as specified in s. 468.306
1483or meets the requirements specified in s. 468.3065; and
1484     (e)1.(4)(a)  Has successfully completed an educational
1485program, which program may be established in a hospital licensed
1486pursuant to chapter 395 or in an accredited postsecondary
1487academic institution which is subject to approval by the
1488department as maintaining a satisfactory standard; or
1489     2.a.(b)1.  With respect to an applicant for a basic X-ray
1490machine operator's certificate, has completed a course of study
1491approved by the department with appropriate study material
1492provided the applicant by the department;
1493     b.2.  With respect to an applicant for a basic X-ray
1494machine operator-podiatric medicine certificate, has completed a
1495course of study approved by the department, provided that such
1496course of study shall be limited to that information necessary
1497to perform radiographic procedures within the scope of practice
1498of a podiatric physician licensed pursuant to chapter 461;
1499     c.3.  With respect only to an applicant for a general
1500radiographer's certificate who is a basic X-ray machine operator
1501certificateholder, has completed an educational program or a 2-
1502year training program that takes into account the types of
1503procedures and level of supervision usually and customarily
1504practiced in a hospital, which educational or training program
1505complies with the rules of the department; or
1506     d.4.  With respect only to an applicant for a nuclear
1507medicine technologist's certificate who is a general
1508radiographer certificateholder, has completed an educational
1509program or a 2-year training program that takes into account the
1510types of procedures and level of supervision usually and
1511customarily practiced in a hospital, which educational or
1512training program complies with the rules of the department.
1513     (4)  Submits complete documentation of any criminal offense
1514in any jurisdiction of which the applicant has been found
1515guilty, regardless of whether adjudication of guilt was
1516withheld, or to which the applicant has pled guilty or nolo
1518     (5)  Submits complete documentation of any final
1519disciplinary action taken against the applicant by a licensing
1520or regulatory body in any jurisdiction, by a national
1521organization, or by a specialty board that is recognized by the
1522department. Disciplinary action includes revocation, suspension,
1523probation, reprimand, or being otherwise acted against,
1524including being denied certification, or resigning from or
1525nonrenewal of membership taken in lieu of or in settlement of a
1526pending disciplinary case.
1528The department may not certify any applicant who has committed
1529an offense that would constitute a violation of any of the
1530provisions of s. 468.3101 or the rules adopted thereunder if the
1531applicant had been certified by the department at the time of
1532the offense. In addition, no application for a limited computed
1533tomography certificate shall be accepted, and. all persons
1534holding valid computed tomography certificates as of October 1,
15351984, are subject to the provisions of s. 468.309.
1536     Section 41.  Section 468.306, Florida Statutes, is amended
1537to read:
1538     468.306  Examinations.--All applicants, except those
1539certified pursuant to s. 468.3065, shall be required to pass an
1540examination. The department is authorized to develop or use
1541examinations for each type of certificate. The department may
1542require an applicant who does not pass an examination after five
1543attempts to complete additional remedial education, as specified
1544by rule of the department, before admitting the applicant to
1545subsequent examinations.
1546     (1)  The department shall have the authority to contract
1547with organizations that develop such test examinations.
1548Examinations may be administered by the department or the
1549contracting organization.
1550     (2)  Examinations shall be given for each type of
1551certificate at least twice a year at such times and places as
1552the department may determine to be advantageous for applicants.
1553If an applicant applies less than 75 days before an examination,
1554the department may schedule the applicant for a later
1556     (3)  All examinations shall be written and include
1557positioning, technique, and radiation protection. The department
1558shall either pass or fail each applicant on the basis of his or
1559her final grade. The examination for a basic X-ray machine
1560operator shall include basic positioning and basic techniques
1561directly related to the skills necessary to safely operate
1562radiographic equipment.
1563     (4)  A nonrefundable fee not to exceed $75 plus the actual
1564per-applicant cost for purchasing the examination from a
1565national organization shall be charged for any subsequent
1567     Section 42.  Section 468.3065, Florida Statutes, is amended
1568to read:
1569     468.3065  Certification by endorsement.--The department may
1570issue a certificate by endorsement to practice radiologic
1571technology to an applicant who, upon applying to the department
1572and remitting a nonrefundable fee not to exceed $50,
1573demonstrates to the department that he or she holds a current
1574certificate, license, or registration to practice radiologic
1575technology, provided that the requirements for such certificate,
1576license, or registration are deemed by the department to be
1577substantially equivalent to those established under this part
1578and rules adopted hereunder.
1579     Section 43.  Subsection (1) of section 468.307, Florida
1580Statutes, is amended to read:
1581     468.307  Certificate; issuance; display.--
1582     (1)  The department shall issue a certificate to each
1583candidate who has met the requirements of ss. 468.304 and
1584468.306 or has qualified under s. 468.3065. The department may
1585by rule establish a subcategory of a certificate issued under
1586this part limiting the certificateholder to a specific procedure
1587or specific type of equipment. The first regular certificate
1588issued to a new certificateholder shall expire on the last day
1589of the certificateholder's birth month and shall be at least 12
1590months but no more than 24 months in duration. However, if the
1591new certificateholder already holds a regular, active
1592certificate in a different category under this part, the new
1593certificate shall be combined with and expire on the same date
1594as the existing certificate.
1595     Section 44.  Section 468.309, Florida Statutes, is amended
1596to read:
1597     468.309  Certificate; duration; renewal; reversion to
1598inactive status; members of Armed Forces and spouses.--
1599     (1)(a)  A radiologic technologist's certificate issued in
1600accordance with this part expires as specified in rules adopted
1601by the department which establish a procedure for the biennial
1602renewal of certificates. A certificate shall be renewed by the
1603department for a period of 2 years upon payment of a renewal fee
1604in an amount not to exceed $75 and upon submission of a renewal
1605application containing such information as the department deems
1606necessary to show that the applicant for renewal is a radiologic
1607technologist in good standing and has completed any continuing
1608education requirements that the department establishes.
1609     (b)  Sixty days before the end of the biennium, the
1610department shall mail a notice of renewal to the last known
1611address of the certificateholder.
1612     (c)  Each certificateholder shall notify the department in
1613writing of his or her current mailing address and place of
1614practice. Notwithstanding the provisions of any other statute,
1615service by regular mail to a certificateholder's last reported
1616mailing address constitutes adequate and sufficient notice of
1617any official department communication to the certificateholder.
1618     (2)  The department shall adopt rules establishing a
1619procedure for the biennial renewal of certificates.
1620     (3)  The department may, by rule, prescribe continuing
1621education requirements, not to exceed 24 hours each licensure
1622period, as a condition for renewal of a certificate. The
1623criteria for approval of continuing education providers,
1624courses, and programs shall be as specified approved by the
1625department. Continuing education, which may be required for
1626persons certified under this part, may be obtained through home
1627study courses approved by the department.
1628     (4)  Any certificate which is not renewed by its expiration
1629date at the end of the biennium prescribed by the department
1630shall automatically be placed in an expired status and the
1631certificateholder shall not practice radiologic technology until
1632the certificate has been reactivated revert to an inactive
1633status. Such certificate may be reactivated only if the
1634certificateholder meets the other qualifications for
1635reactivation in s. 468.3095.
1636     (5)  A certificateholder in good standing remains in good
1637standing when he or she becomes a member of the Armed Forces of
1638the United States on active duty without paying renewal fees or
1639accruing continuing education credits as long as he or she is a
1640member of the Armed Forces on active duty and for a period of 6
1641months after discharge from active duty, if he or she is not
1642engaged in practicing radiologic technology in the private
1643sector for profit. The certificateholder must pay a renewal fee
1644and complete continuing education not to exceed 12 classroom
1645hours to renew the certificate.
1646     (6)  A certificateholder who is in good standing remains in
1647good standing if he or she is absent from the state because of
1648his or her spouse's active duty with the Armed Forces of the
1649United States. The certificateholder remains in good standing
1650without paying renewal fees or completing continuing education
1651as long as his or her spouse is a member of the Armed Forces on
1652active duty and for a period of 6 months after the spouse's
1653discharge from active duty, if the certificateholder is not
1654engaged in practicing radiologic technology in the private
1655sector for profit. The certificateholder must pay a renewal fee
1656and complete continuing education not to exceed 12 classroom
1657hours to renew the certificate.
1658     (7)  A certificateholder may resign his or her
1659certification by submitting to the department a written,
1660notarized resignation on a form specified by the department. The
1661resignation shall automatically become effective upon the
1662department's receipt of the resignation form, at which time the
1663certificateholder's certification automatically becomes null and
1664void and cannot be reactivated or renewed or used to practice
1665radiologic technology. A certificateholder who has resigned may
1666become certified again only by reapplying to the department for
1667certification as a new applicant and meeting the certification
1668requirements pursuant to s. 468.304 or s. 468.3065. Any
1669disciplinary action that had been imposed on the
1670certificateholder prior to his or her resignation shall be
1671tolled until he or she again becomes certified. Any disciplinary
1672action proposed at the time of the certificateholder's
1673resignation shall be tolled until he or she again becomes
1675     Section 45.  Subsection (2) of section 468.3095, Florida
1676Statutes, is amended to read:
1677     468.3095  Expired or inactive status; reactivation;
1678automatic suspension; reinstatement.--
1679     (2)(a)  A certificate which has been expired inactive for
1680less than 10 years 1 year after the end of the biennium
1681prescribed by the department may be reactivated renewed pursuant
1682to s. 468.309 upon payment of the biennial renewal fee and a
1683late renewal fee not to exceed $100 and submission of a
1684reactivation application containing such information as the
1685department deems necessary to show that the applicant is a
1686radiologic technologist in good standing and has met the
1687continuing education requirements. The renewed certificate shall
1688expire 2 years after the date the certificate automatically
1689reverted to inactive status.
1690     (b)  A certificate which has been inactive for less that 10
1691years more than 1 year may be reactivated by meeting all of the
1692requirements of s. 468.3095(2)(a) for expired certificates
1693except for payment of the late renewal fee upon application to
1694the department. The department shall prescribe, by rule,
1695continuing education requirements as a condition of reactivating
1696a certificate. The continuing education requirements for
1697reactivating a certificate shall not exceed 10 classroom hours
1698for each year the certificate was inactive and shall in no event
1699exceed 100 classroom hours for all years in which the
1700certificate was inactive.
1701     (c)  A certificate which has been inactive or expired for
1702more than 10 years or more shall automatically become void and
1703cannot be reactivated, renewed, or used to practice radiologic
1704technology be suspended. One year before the suspension, the
1705department shall give notice to the certificateholder. A
1706suspended certificate may be reinstated as provided for original
1707issuance in s. 468.307. A certificateholder whose certificate
1708has become null and void may only become certified again by
1709reapplying to the department as a new applicant and meeting the
1710requirements pursuant to s. 468.304 or s. 468.3065.
1711     (d)  When an expired or inactive certificate is
1712reactivated, the reactivated certificate shall expire on the
1713last day of the certificateholder's birth month and shall be at
1714least 12 months but no more than 24 months in duration. However,
1715if the reactivating certificateholder already holds a regular,
1716active certificate in a different category under this part, then
1717the reactivated certificate shall be combined with and expire on
1718the same date as the existing certificate.
1719     Section 46.  Subsection (1) of section 468.3101, Florida
1720Statutes, is amended, and subsections (5) and (6) are added to
1721said section, to read:
1722     468.3101  Disciplinary grounds and actions.--
1723     (1)  The department may make or require to be made such
1724investigations, inspections, evaluations, and tests, and require
1725the submission of such documents and statements, as it deems
1726necessary to determine whether a violation of this part has
1727occurred. The following acts shall be grounds for disciplinary
1728action as set forth in this section:
1729     (a)  Procuring, attempting to procure, or renewing a
1730certificate to practice radiologic technology by bribery, by
1731fraudulent misrepresentation, or through an error of the
1733     (b)  Having a voluntary or mandatory certificate to
1734practice radiologic technology revoked, suspended, or otherwise
1735acted against, including being denied certification, by a
1736national organization, by a specialty board recognized by the
1737department, or by a the certification authority of another
1738state, territory, or country.
1739     (c)  Being convicted or found guilty, regardless of
1740adjudication, in any jurisdiction of a crime which directly
1741relates to the practice of radiologic technology or to the
1742ability to practice radiologic technology. Pleading A plea of
1743nolo contendere shall be considered a conviction for the purpose
1744of this provision.
1745     (d)  Being convicted or found guilty, regardless of
1746adjudication, in any jurisdiction of a crime against a person.
1747Pleading A plea of nolo contendere shall be considered a
1748conviction for the purposes of this provision.
1749     (e)  Making or filing a false report or record which the
1750certificateholder knows to be false, intentionally or
1751negligently failing to file a report or record required by state
1752or federal law, or willfully impeding or obstructing such filing
1753or inducing another to do so. Such reports or records include
1754only those reports or records which are signed in the capacity
1755as a radiologic technologist.
1756     (f)  Engaging in unprofessional conduct, which includes,
1757but is not limited to, any departure from, or the failure to
1758conform to, the standards of practice of radiologic technology
1759as established by the department, in which case actual injury
1760need not be established.
1761     (g)  Being unable to practice radiologic technology with
1762reasonable skill and safety to patients by reason of illness;
1763drunkenness; or use of alcohol, drugs, narcotics, chemicals, or
1764other materials or as a result of any mental or physical
1765condition. A radiologic technologist affected under this
1766paragraph shall, at reasonable intervals, be afforded an
1767opportunity to demonstrate that he or she can resume the
1768competent practice of radiologic technology with reasonable
1769skill and safety.
1770     (h)  Failing to report to the department any person who the
1771certificateholder knows is in violation of this part or of the
1772rules of the department.
1773     (i)  Violating any provision of this part, any rule of the
1774department, or any lawful order of the department previously
1775entered in a disciplinary proceeding or failing to comply with a
1776lawfully issued subpoena of the department.
1777     (j)  Employing, for the purpose of applying ionizing
1778radiation or otherwise practicing radiologic technology on to
1779any human being, any individual who is not certified under the
1780provisions of this part.
1781     (k)  Testing positive for any drug, as defined in s.
1782112.0455, on any confirmed preemployment or employer-required
1783drug screening when the radiologic technologist does not have a
1784lawful prescription and legitimate medical reason for using such
1786     (l)  Failing to report to the department in writing within
178730 days after the certificateholder has had a voluntary or
1788mandatory certificate to practice radiologic technology revoked,
1789suspended, or otherwise acted against, including being denied
1790certification, by a national organization, by a specialty board
1791recognized by the department, or by a certification authority of
1792another state, territory, or country.
1793     (m)  Having been found guilty of, regardless of
1794adjudication, or pleading nolo contendere or guilty to, any
1795offense prohibited under s. 435.03 or under any similar statute
1796of another jurisdiction.
1797     (n)  Failing to comply with the recommendations of the
1798department's impaired practitioner program for treatment,
1799evaluation, or monitoring. A letter from the director of the
1800impaired practitioner program that the certificateholder is not
1801in compliance shall be considered conclusive proof under this
1803     (5)  A final disciplinary action taken against a radiologic
1804technologist in another jurisdiction, whether voluntary or
1805mandatory, shall be considered conclusive proof of grounds for a
1806disciplinary proceeding under this part.
1807     (6)  The department may revoke a continuing education
1808provider and its approved courses if the provider has been
1809revoked, suspended, or otherwise acted against by a national
1810organization, by a specialty board recognized by the department,
1811or by a certification authority of another state, territory, or
1812country. The department may, by rule, establish additional
1813guidelines and criteria for the discipline of continuing
1814education providers, including, but not limited to, revocation
1815of a continuing education provider or continuing education
1816course and the refusal to approve a continuing education
1817provider or continuing education course.
1818     Section 47.  Paragraph (a) of subsection (5) of section
1819489.553, Florida Statutes, is amended to read:
1820     489.553  Administration of part; registration
1821qualifications; examination.--
1822     (5)  To be eligible for registration by the department as a
1823master septic tank contractor, the applicant must:
1824     (a)  Have been a registered septic tank contractor in
1825Florida for at least 3 years or a plumbing contractor certified
1826under part I of this chapter who has provided septic tank
1827contracting services for at least 3 years. The 3 years must
1828immediately precede the date of application and may not be
1829interrupted by any probation, suspension, or revocation imposed
1830by the licensing agency.
1831     Section 48.  Section 489.554, Florida Statutes, is amended
1832to read:
1833     489.554  Registration renewal.--
1834     (1)  The department shall prescribe by rule the method for
1835approval of continuing education courses, and for renewal of
1836annual registration, for inactive status for late filing of
1837renewal applications, for allowing contractors to hold their
1838registration in inactive status for a specified time period, and
1839for reactivating licenses.
1840     (2)  At a minimum, annual renewal shall include continuing
1841education requirements of not less than 6 classroom hours
1842annually for septic tank contractors and not less than 12
1843classroom hours annually for master septic tank contractors. The
184412 classroom hours of continuing education required for master
1845septic tank contractors may include the 6 classroom hours
1846required for septic tank contractors, but at a minimum must
1847include 6 classroom hours of approved master septic tank
1848contractor coursework.
1849     (3)  Certificates of registration shall become inactive
1850when a renewal application is not filed in a timely manner. A
1851certificate that has become inactive may be reactivated under
1852this section by application to the department. A licensed
1853contractor may apply to the department for voluntary inactive
1854status at any time during the period of registration.
1855     (4)  Master septic tank contractors may elect to revert to
1856registered septic tank contractor status at any time during the
1857period of registration. The department shall prescribe by rule
1858the method for a master septic tank contractor who has reverted
1859to registered septic tank contractor status to reapply for
1860master septic tank contractor status.
1861     (5)  The department shall deny an application for renewal
1862if there is any outstanding administrative penalty with the
1863department when the penalty is final agency action and all
1864judicial reviews are exhausted.
1865     Section 49.  Section 784.081, Florida Statutes, is amended
1866to read:
1867     784.081  Assault or battery on specified officials or
1868employees; reclassification of offenses.--Whenever a person is
1869charged with committing an assault or aggravated assault or a
1870battery or aggravated battery upon any elected official or
1871employee of: a school district; a private school; the Florida
1872School for the Deaf and the Blind; a university developmental
1873research school; a state university or any other entity of the
1874state system of public education, as defined in s. 1000.04; an
1875employee or protective investigator of the Department of
1876Children and Family Services; or an employee of a lead
1877community-based provider and its direct service contract
1878providers; or an employee of the Department of Health or its
1879direct service contract providers, when the person committing
1880the offense knows or has reason to know the identity or position
1881or employment of the victim, the offense for which the person is
1882charged shall be reclassified as follows:
1883     (1)  In the case of aggravated battery, from a felony of
1884the second degree to a felony of the first degree.
1885     (2)  In the case of aggravated assault, from a felony of
1886the third degree to a felony of the second degree.
1887     (3)  In the case of battery, from a misdemeanor of the
1888first degree to a felony of the third degree.
1889     (4)  In the case of assault, from a misdemeanor of the
1890second degree to a misdemeanor of the first degree.
1891     Section 50.  Subsection (9) of section 381.0098, Florida
1892Statutes, is repealed:
1893     381.0098  Biomedical waste.--
1894     (9)  TRANSITION.--
1895     (a)  Nothing in this act is intended to repeal or modify
1896any existing rules of the Department of Environmental Protection
1897relating to biomedical waste unless such rule or part thereof is
1898in direct conflict with this act. Rules of the Department of
1899Environmental Protection relating to transport, storage, or
1900treatment of biomedical waste existing on the effective date of
1901this act shall remain in effect and be enforceable by the
1902department until comparable rules are adopted by the department,
1903and no judicial or administrative proceeding pending on the
1904effective date of this act shall be abated as a result of the
1905provisions of this act.
1906     (b)  Any person operating or in the process of constructing
1907a biomedical storage or treatment facility, or any person
1908transporting biomedical waste, in accordance with a permit or
1909registration issued by the Department of Environmental
1910Protection on the effective date of this act, may continue to
1911operate under that permit or registration until that permit or
1912registration expires, or until December 31, 1996, whichever is
1913later. The department's rules concerning the permitting or
1914registering of biomedical waste storage facilities, treatment
1915facilities, and transporters shall be designed to accomplish a
1916smooth transition between permitting or registration
1918     (c)  A permit application which is received after or which
1919is pending on the effective date of this act, which would have
1920been considered a renewal application if submitted to the
1921Department of Environmental Protection, will be considered a
1922renewal application for purposes of s. 120.60 when submitted to
1923the department.
1924     (d)  Prior to implementing the change in the regulation of
1925offsite treatment facilities described in this act, and after
1926full consultation with affected persons, the department and the
1927Department of Environmental Protection shall establish an
1928interagency agreement to streamline the permitting and
1929inspection of these treatment facilities. The agreement also
1930shall be designed to avoid any duplicative or overlapping
1931regulation of these treatment facilities. Such agreement shall
1932at least provide:
1933     1.  That the Department of Environmental Protection will
1934continue to accept and act on permit applications for these
1936     2.  That the department will review these permit
1937applications with respect to those matters within its
1939     3.  That these permits will be consolidated with other
1940required Department of Environmental Protection permits, where
1941possible; and
1942     4.  That any inspections will be consolidated to avoid
1943duplicate inspections, where possible.
1944     Section 51.  Paragraph (f) of subsection (2) of section
1945385.103, Florida Statutes, is repealed:
1946     385.103  Community intervention programs.--
1948     (f)  The department shall adopt rules governing the
1949operation of the community intervention programs.
1950     Section 52.  Subsection (5) of section 393.064, Florida
1951Statutes, is repealed:
1952     393.064  Prevention.--
1953     (5)  The Department of Children and Family Services shall
1954have the authority, within available resources, to contract for
1955the supervision and management of the Raymond C. Philips
1956Research and Education Unit, and such contract shall include
1957specific program objectives.
1958     Section 53.  Subsection (7) of section 445.033, Florida
1959Statutes, is repealed:
1960     445.033  Evaluation.--The board of directors of Workforce
1961Florida, Inc., and the Department of Children and Family
1962Services shall arrange for evaluation of TANF-funded programs
1963operated under this chapter, as follows:
1964     (7)  Evaluations described in this section are exempt from
1965the provisions of s. 381.85.
1966     Section 54.  Sections 381.85, 385.205, and 385.209, Florida
1967Statutes, are repealed.
1968     Section 55.  This act shall take effect upon becoming a

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