_h5309__
HB 5309

1
A bill to be entitled
2An act relating to the Comprehensive Statewide Tobacco
3Education and Use Prevention Program; amending s. 381.84,
4F.S.; providing for the counter-marketing and advertising
5campaign to include innovative communication strategies;
6revising terminology; providing requirements for
7administration and management of the program by the
8Department of Health; deleting county health department
9funding eligibility; specifying purpose of funds
10distributed under the program; revising the area health
11education center network program component functions and
12requirements; authorizing community mental health
13providers under contract with the Department of Children
14and Family Services to receive a share of the annual
15appropriation for specified purposes, subject to a
16specific appropriation in the General Appropriations Act;
17requiring the Department of Health to submit a proposal to
18the Governor and Legislature for developing a pilot
19program by a specified date; specifying elements of the
20proposal; deleting obsolete language; providing an
21effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (3), paragraph (a) of subsection
26(4), and subsections (6), (7), and (9) of section 381.84,
27Florida Statutes, are amended to read:
28     381.84  Comprehensive Statewide Tobacco Education and Use
29Prevention Program.-
30     (3)  PROGRAM COMPONENTS AND REQUIREMENTS.-The department
31shall conduct a comprehensive, statewide tobacco education and
32use prevention program consistent with the recommendations for
33effective program components contained in the 1999 Best
34Practices for Comprehensive Tobacco Control Programs of the CDC,
35as amended by the CDC. The program shall include the following
36components, each of which shall focus on educating people,
37particularly youth and their parents, about the health hazards
38of tobacco and discouraging the use of tobacco:
39     (a)  Counter-marketing and advertising; Internet cyberspace
40resource center.-The counter-marketing and advertising campaign
41shall include, at a minimum, Internet, print, radio, and
42television advertising and shall be funded with a minimum of
43one-third of the total annual appropriation required by s. 27,
44Art. X of the State Constitution.
45     1.  The campaign shall include an Internet A cyberspace
46resource center for copyrighted materials and information
47concerning tobacco education and use prevention, including
48cessation, shall be maintained by the program. The Internet Such
49resource center must be accessible to the public, including
50parents, teachers, and students, at each level of public and
51private schools, universities, and colleges in the state and
52shall provide links to other relevant resources. The Internet
53address for the resource center must be incorporated in all
54advertising. The information maintained in the resource center
55shall be used by the other components of the program.
56     2.  The campaign shall use innovative communication
57strategies, such as targeting specific audiences who use
58personal communication devices and frequent social networking
59websites.
60     (b)  Cessation programs, counseling, and treatment.-This
61program component shall include two subcomponents:
62     1.  A statewide toll-free cessation service, which may
63include counseling, referrals to other local resources and
64support services, and treatment to the extent funds are
65available for treatment services; and
66     2.  A local community-based program to disseminate
67information about tobacco-use smoking cessation, how tobacco-use
68smoking cessation relates to prenatal care and obesity
69prevention, and other chronic tobacco-related diseases.
70     (c)  Surveillance and evaluation.-The program shall conduct
71ongoing epidemiological surveillance and shall contract for
72annual independent evaluations of the effectiveness of the
73various components of the program in meeting the goals as set
74forth in subsection (2).
75     (d)  Youth school programs.-School and after-school
76programs shall use current evidence-based curricula and programs
77that involve youth to educate youth about the health hazards of
78tobacco, help youth develop skills to refuse tobacco, and
79demonstrate to youth how to stop using tobacco.
80     (e)  Community programs and chronic disease prevention.-The
81department shall promote and support local community-based
82partnerships that emphasize programs involving youth, including
83programs for the prevention, detection, and early intervention
84of tobacco-related smoking-related chronic diseases.
85     (f)  Training.-The program shall include the training of
86health care practitioners, tobacco-use cessation smoking-
87cessation counselors, and teachers by health professional
88students and other tobacco-use prevention specialists who are
89trained in preventing tobacco use and health education. Tobacco-
90use cessation Smoking-cessation counselors shall be trained by
91specialists who are certified in tobacco-use cessation.
92     (g)  Administration and management, statewide programs, and
93county health departments.-The department shall administer the
94program within the expenditure limit established in subsection
95(8). As part of this component, the department shall coordinate
96the activities of state and community-based tobacco control
97organizations. In addition, Each county health department is
98eligible to receive a portion of the annual appropriation, on a
99per capita basis, for coordinating tobacco education and use
100prevention programs within that county. Appropriated funds may
101be used to improve the infrastructure of the county health
102department to implement the comprehensive, statewide tobacco
103education and use prevention program. each county health
104department shall prominently display in all treatment rooms and
105waiting rooms, counter-marketing and advertisement materials in
106the form of wall posters, brochures, television advertising if
107televisions are used in the lobby or waiting room, and
108screensavers and Internet advertising if computer kiosks are
109available for use or viewing by people at the county health
110department.
111     (h)  Enforcement and awareness of related laws.-In
112coordination with the Department of Business and Professional
113Regulation, the program shall monitor the enforcement of laws,
114rules, and policies prohibiting the sale or other provision of
115tobacco to minors, as well as the continued enforcement of the
116Clean Indoor Air Act prescribed in chapter 386. The
117advertisements produced in accordance with paragraph (a) may
118also include information designed to make the public aware of
119these related laws and rules. The departments may enter into
120interagency agreements to carry out this program component.
121     (i)  AHEC tobacco-use cessation smoking-cessation
122initiative.-For the 2009-2010 fiscal year, The AHEC network may
123administer shall expand the AHEC tobacco-use cessation smoking-
124cessation initiative in to each county within the state and
125perform other activities as determined by the department.
126     (j)  Community-based organizations providing services to
127specific populations.-Subject to a specific appropriation in the
128General Appropriations Act, and in order to reach, involve, and
129mobilize tobacco-users with mental illness, community mental
130health providers under contract with the Department of Children
131and Family Services pursuant to s. 394.74 are eligible to
132receive a portion of the annual appropriation to provide
133intervention services and tobacco-use cessation treatments for
134persons with mental illness.
135     (4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
136MEETINGS.-The Tobacco Education and Use Prevention Advisory
137Council is created within the department.
138     (a)  The council shall consist of 23 members, including:
139     1.  The State Surgeon General, who shall serve as the
140chairperson.
141     2.  One county health department director, appointed by the
142State Surgeon General.
143     3.  Two members appointed by the Commissioner of Education,
144of whom one must be a school district superintendent.
145     4.  The chief executive officer of the Florida Division of
146the American Cancer Society, or his or her designee.
147     5.  The chief executive officer of the Greater Southeast
148Affiliate of the American Heart Association, or his or her
149designee.
150     6.  The chief executive officer of the American Lung
151Association of Florida, or his or her designee.
152     7.  The dean of the University of Miami School of Medicine,
153or his or her designee.
154     8.  The dean of the University of Florida College of
155Medicine, or his or her designee.
156     9.  The dean of the University of South Florida College of
157Medicine, or his or her designee.
158     10.  The dean of the Florida State University College of
159Medicine, or his or her designee.
160     11.  The dean of Nova Southeastern College of Osteopathic
161Medicine, or his or her designee.
162     12.  The dean of the Lake Erie College of Osteopathic
163Medicine in Bradenton, Florida, or his or her designee.
164     13.  The chief executive officer of the Campaign for
165Tobacco Free Kids, or his or her designee.
166     14.  The chief executive officer of the Legacy Foundation,
167or his or her designee.
168     15.  Four members appointed by the Governor, of whom two
169must have expertise in the field of tobacco-use prevention and
170education or tobacco-use smoking cessation and one individual
171who shall be between the ages of 16 and 21 at the time of his or
172her appointment.
173     16.  Two members appointed by the President of the Senate,
174of whom one must have expertise in the field of tobacco-use
175prevention and education or tobacco-use smoking cessation.
176     17.  Two members appointed by the Speaker of the House of
177Representatives, of whom one must have expertise in the field of
178tobacco-use prevention and education or tobacco-use smoking
179cessation.
180     (6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
181program components or subcomponents described in paragraphs
182(3)(a)-(f) shall be awarded by the State Surgeon General, after
183consultation with the council, on the basis of merit, as
184determined by an open, competitive, peer-reviewed process that
185ensures objectivity, consistency, and high quality. The
186department shall award such grants or contracts no later than
187October 1 for each fiscal year. A recipient of a contract or
188grant for the program component described in paragraph (3)(c) is
189not eligible for a contract or grant award for any other program
190component described in subsection (3) in the same state fiscal
191year. A school or college of medicine that is represented on the
192council is not eligible to receive a contract or grant under
193this section. For the 2009-2010 fiscal year only, the department
194shall award a contract or grant in the amount of $10 million to
195the AHEC network for the purpose of developing the components
196described in paragraph (3)(i). The AHEC network may apply for a
197competitive contract or grant after the 2009-2010 fiscal year.
198     (a)  In order to ensure that all proposals for funding are
199appropriate and are evaluated fairly on the basis of merit, the
200State Surgeon General, in consultation with the council, shall
201appoint a peer review panel of independent, qualified experts in
202the field of tobacco control to review the content of each
203proposal and establish its priority score. The priority scores
204shall be forwarded to the council and must be considered in
205determining which proposals will be recommended for funding.
206     (b)  The council and the peer review panel shall establish
207and follow rigorous guidelines for ethical conduct and adhere to
208a strict policy with regard to conflicts of interest. A member
209of the council or panel may not participate in any discussion or
210decision with respect to a research proposal by any firm,
211entity, or agency with which the member is associated as a
212member of the governing body or as an employee or with which the
213member has entered into a contractual arrangement. Meetings of
214the council and the peer review panels are subject to chapter
215119, s. 286.011, and s. 24, Art. I of the State Constitution.
216     (e)  Notwithstanding the competitive process for contracts
217prescribed in this subsection, each county health department is
218eligible for core funding, on a per capita basis, to implement
219tobacco education and use prevention activities within that
220county.
221     (c)(d)  In each advertising contract, the department shall
222limit the total of production fees, buyer commissions, and
223related costs to no more than 10 percent of the total contract
224amount.
225     (d)(e)  Notwithstanding the competitive process for
226contracts prescribed in this subsection, each county health
227department is eligible for core funding, on a per capita basis,
228to implement tobacco education and use prevention activities
229within that county.
230     (7)  ANNUAL REPORT REQUIRED.-
231     (a)  By January 31 of each year, the department shall
232provide to the Governor, the President of the Senate, and the
233Speaker of the House of Representatives a report that evaluates
234the program's effectiveness in reducing and preventing tobacco
235use and that recommends improvements to enhance the program's
236effectiveness. The report must contain, at a minimum, an annual
237survey of youth attitudes and behavior toward tobacco, as well
238as a description of the progress in reducing the prevalence of
239tobacco use among youth, adults, and pregnant women; reducing
240per capita tobacco consumption; and reducing exposure to
241environmental tobacco smoke.
242     (b)  By December 1, 2010, the department shall submit to
243the Governor, the President of the Senate, the Speaker of the
244House of Representatives, and the appropriate substantive
245committees of the Legislature a written proposal for
246implementing an incentive-based pilot program using commitment
247contracts for tobacco-users. The proposal shall include a
248recommended amount and source of funding for the pilot program,
249as well as recommendations related to:
250     1.  The location of the pilot program.
251     2.  The type of commitment contract to be used.
252     3.  Proposed terms for the commitment contract, including
253any additional incentives that could be provided by the state
254and penalties or consequences for failure to abstain from using
255tobacco by program participants.
256     4.  The method for testing for tobacco abstention by
257program participants.
258     5.  The locations of testing site centers, which may
259include area health education centers, county health
260departments, and federally qualified health centers.
261     (8)  LIMITATION ON ADMINISTRATIVE EXPENSES.-From the total
262funds appropriated for the Comprehensive Statewide Tobacco
263Education and Use Prevention Program in the General
264Appropriations Act, an amount of up to 5 percent may be used by
265the department for administrative expenses.
266     (9)  RULEMAKING AUTHORIZED.-By January 1, 2008, The
267department shall adopt rules pursuant to ss. 120.536(1) and
268120.54 to administer this section.
269     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.

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