April 09, 2020
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_h7183__
HB 7183

1
A bill to be entitled
2An act relating to the reorganization of the Department of
3Health; amending s. 20.43, F.S.; revising the mission and
4responsibilities of the department; providing duties of
5the State Surgeon General to with respect to management of
6the department; abolishing specified divisions of the
7department effective July 1, 2011, unless reviewed and
8reenacted by the Legislature; authorizing the department
9to establish multicounty service areas for county health
10departments; requiring the department to submit a
11reorganization plan to the Legislature by a specified
12date; prohibiting the department from establishing new
13programs or modifying current programs without legislative
14approval; amending s. 381.0011, F.S.; revising duties and
15powers of the department; requiring the department to
16manage emergency preparedness and disaster response
17functions; authorizing the department to issue health
18alerts or advisories under certain conditions; revising
19rulemaking authority of the department; amending s.
20381.006, F.S.; revising the definition of the term "group
21care facilities"; amending s. 381.0072, F.S.; revising the
22definition of the term "food service establishment";
23authorizing the department to advise and consult with
24other agencies relating to the provision of food services;
25revising entities that are exempt from rules relating to
26standards for food service establishment manager
27certification; amending s. 381.0101, F.S.; revising the
28definition of the term "primary environmental health
29program"; repealing s. 381.001, F.S., relating to
30legislative intent with respect to the state's public
31health system; repealing s. 381.04015, F.S., relating to
32the Women's Health Strategy; repealing s. 401.243, F.S.,
33relating to the department's injury prevention program;
34repealing s. 411.23, 411.231, and 411.232, F.S., relating
35to the Children's Early Investment Act; amending ss.
36411.01 and 411.224, F.S.; conforming cross-references;
37amending s. 509.013, F.S.; revising the definitions of the
38terms "public lodging establishment" and "public food
39service establishment"; providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Section 20.43, Florida Statutes, is amended to
44read:
45     20.43  Department of Health.-There is created a Department
46of Health.
47     (1)(a)  The purpose of the Department of Health is
48responsible for to promote and protect the health of all
49residents and visitors in the state through organized state and
50community efforts, including cooperative agreements with
51counties. The department shall:
52     1.(a)  Identifying, diagnosing, investigating, and
53conducting surveillance of communicable diseases in the state
54Prevent to the fullest extent possible, the occurrence and
55progression of communicable and noncommunicable diseases and
56disabilities.
57     2.(b)  Implementing interventions that prevent or limit the
58impact and spread of disease in the state Maintain a constant
59surveillance of disease occurrence and accumulate health
60statistics necessary to establish disease trends and to design
61health programs.
62     3.(c)  Maintaining and coordinating preparedness for and
63responses to public health emergencies in the state Conduct
64special studies of the causes of diseases and formulate
65preventive strategies.
66     4.(d)  Regulating environmental activities that have a
67direct impact on public health in the state Promote the
68maintenance and improvement of the environment as it affects
69public health.
70     5.(e)  Administering and providing health and related
71services for targeted populations in the state Promote the
72maintenance and improvement of health in the residents of the
73state.
74     6.(f)  Collecting, managing, and analyzing vital statistics
75data in the state Provide leadership, in cooperation with the
76public and private sectors, in establishing statewide and
77community public health delivery systems.
78     (g)  Provide health care and early intervention services to
79infants, toddlers, children, adolescents, and high-risk
80perinatal patients who are at risk for disabling conditions or
81have chronic illnesses.
82     (h)  Provide services to abused and neglected children
83through child protection teams and sexual abuse treatment
84programs.
85     (i)  Develop working associations with all agencies and
86organizations involved and interested in health and health care
87delivery.
88     (j)  Analyze trends in the evolution of health systems, and
89identify and promote the use of innovative, cost-effective
90health delivery systems.
91     (k)  Serve as the statewide repository of all aggregate
92data accumulated by state agencies related to health care;
93analyze that data and issue periodic reports and policy
94statements, as appropriate; require that all aggregated data be
95kept in a manner that promotes easy utilization by the public,
96state agencies, and all other interested parties; provide
97technical assistance as required; and work cooperatively with
98the state's higher education programs to promote further study
99and analysis of health care systems and health care outcomes.
100     (l)  Include in the department's strategic plan developed
101under s. 186.021 an assessment of current health programs,
102systems, and costs; projections of future problems and
103opportunities; and recommended changes that are needed in the
104health care system to improve the public health.
105     7.(m)  Regulating Regulate health practitioners, to the
106extent authorized by the Legislature, as necessary for the
107preservation of the health, safety, and welfare of the public.
108     (b)  By November 1, 2010, the department shall submit a
109proposal to the President of the Senate, the Speaker of the
110House of Representatives, and the appropriate substantive
111legislative committees for a new department structure based upon
112the responsibilities delegated under paragraph (a). The proposal
113shall include reductions in the number of departmental bureaus
114and divisions and limits on the number of executive positions in
115a manner that enables the department to fulfill the
116responsibilities delegated under paragraph (a). The department
117shall identify existing functions and activities that are
118inconsistent with the responsibilities delegated under paragraph
119(a) and shall provide a job description for each bureau chief
120and division director position proposed for retention.
121     (2)(a)  The head of the Department of Health is the State
122Surgeon General and State Health Officer. The State Surgeon
123General must be a physician licensed under chapter 458 or
124chapter 459 who has advanced training or extensive experience in
125public health administration. The State Surgeon General is
126appointed by the Governor subject to confirmation by the Senate.
127The State Surgeon General serves at the pleasure of the
128Governor. The State Surgeon General shall manage the department
129as it carries out the responsibilities delegated under paragraph
130(1)(a) serve as the leading voice on wellness and disease
131prevention efforts, including the promotion of healthful
132lifestyles, immunization practices, health literacy, and the
133assessment and promotion of the physician and health care
134workforce in order to meet the health care needs of the state.
135The State Surgeon General shall focus on advocating healthy
136lifestyles, developing public health policy, and building
137collaborative partnerships with schools, businesses, health care
138practitioners, community-based organizations, and public and
139private institutions in order to promote health literacy and
140optimum quality of life for all Floridians.
141     (b)  The Officer of Women's Health Strategy is established
142within the Department of Health and shall report directly to the
143State Surgeon General.
144     (3)  The following divisions of the Department of Health
145are established:
146     (a)  Division of Administration. This paragraph expires
147July 1, 2011, unless reviewed and reenacted by the Legislature
148before that date.
149     (b)  Division of Environmental Health. This paragraph
150expires July 1, 2011, unless reviewed and reenacted by the
151Legislature before that date.
152     (c)  Division of Disease Control. This paragraph expires
153July 1, 2011, unless reviewed and reenacted by the Legislature
154before that date.
155     (d)  Division of Family Health Services. This paragraph
156expires July 1, 2011, unless reviewed and reenacted by the
157Legislature before that date.
158     (e)  Division of Children's Medical Services Network. This
159paragraph expires July 1, 2011, unless reviewed and reenacted by
160the Legislature before that date.
161     (f)  Division of Emergency Medical Operations. This
162paragraph expires July 1, 2011, unless reviewed and reenacted by
163the Legislature before that date.
164     (g)  Division of Medical Quality Assurance, which is
165responsible for the following boards and professions established
166within the division:
167     1.  The Board of Acupuncture, created under chapter 457.
168     2.  The Board of Medicine, created under chapter 458.
169     3.  The Board of Osteopathic Medicine, created under
170chapter 459.
171     4.  The Board of Chiropractic Medicine, created under
172chapter 460.
173     5.  The Board of Podiatric Medicine, created under chapter
174461.
175     6.  Naturopathy, as provided under chapter 462.
176     7.  The Board of Optometry, created under chapter 463.
177     8.  The Board of Nursing, created under part I of chapter
178464.
179     9.  Nursing assistants, as provided under part II of
180chapter 464.
181     10.  The Board of Pharmacy, created under chapter 465.
182     11.  The Board of Dentistry, created under chapter 466.
183     12.  Midwifery, as provided under chapter 467.
184     13.  The Board of Speech-Language Pathology and Audiology,
185created under part I of chapter 468.
186     14.  The Board of Nursing Home Administrators, created
187under part II of chapter 468.
188     15.  The Board of Occupational Therapy, created under part
189III of chapter 468.
190     16.  Respiratory therapy, as provided under part V of
191chapter 468.
192     17.  Dietetics and nutrition practice, as provided under
193part X of chapter 468.
194     18.  The Board of Athletic Training, created under part
195XIII of chapter 468.
196     19.  The Board of Orthotists and Prosthetists, created
197under part XIV of chapter 468.
198     20.  Electrolysis, as provided under chapter 478.
199     21.  The Board of Massage Therapy, created under chapter
200480.
201     22.  The Board of Clinical Laboratory Personnel, created
202under part III of chapter 483.
203     23.  Medical physicists, as provided under part IV of
204chapter 483.
205     24.  The Board of Opticianry, created under part I of
206chapter 484.
207     25.  The Board of Hearing Aid Specialists, created under
208part II of chapter 484.
209     26.  The Board of Physical Therapy Practice, created under
210chapter 486.
211     27.  The Board of Psychology, created under chapter 490.
212     28.  School psychologists, as provided under chapter 490.
213     29.  The Board of Clinical Social Work, Marriage and Family
214Therapy, and Mental Health Counseling, created under chapter
215491.
216
217This paragraph expires July 1, 2011, unless reviewed and
218reenacted by the Legislature before that date.
219     (h)  Division of Children's Medical Services Prevention and
220Intervention. This paragraph expires July 1, 2011, unless
221reviewed and reenacted by the Legislature before that date.
222     (i)  Division of Information Technology. This paragraph
223expires July 1, 2011, unless reviewed and reenacted by the
224Legislature before that date.
225     (j)  Division of Health Access and Tobacco. This paragraph
226expires July 1, 2011, unless reviewed and reenacted by the
227Legislature before that date.
228     (k)  Division of Disability Determinations. This paragraph
229expires July 1, 2011, unless reviewed and reenacted by the
230Legislature before that date.
231     (4)(a)  The members of each board within the department
232shall be appointed by the Governor, subject to confirmation by
233the Senate. Consumer members on the board shall be appointed
234pursuant to paragraph (b). Members shall be appointed for 4-year
235terms, and such terms shall expire on October 31. However, a
236term of less than 4 years may be used to ensure that:
237     1.  No more than two members' terms expire during the same
238calendar year for boards consisting of seven or eight members.
239     2.  No more than 3 members' terms expire during the same
240calendar year for boards consisting of 9 to 12 members.
241     3.  No more than 5 members' terms expire during the same
242calendar year for boards consisting of 13 or more members.
243
244A member whose term has expired shall continue to serve on the
245board until such time as a replacement is appointed. A vacancy
246on the board shall be filled for the unexpired portion of the
247term in the same manner as the original appointment. No member
248may serve for more than the remaining portion of a previous
249member's unexpired term, plus two consecutive 4-year terms of
250the member's own appointment thereafter.
251     (b)  Each board with five or more members shall have at
252least two consumer members who are not, and have never been,
253members or practitioners of the profession regulated by such
254board or of any closely related profession. Each board with
255fewer than five members shall have at least one consumer member
256who is not, and has never been, a member or practitioner of the
257profession regulated by such board or of any closely related
258profession.
259     (c)  Notwithstanding any other provision of law, the
260department is authorized to establish uniform application forms
261and certificates of licensure for use by the boards within the
262department. Nothing in this paragraph authorizes the department
263to vary any substantive requirements, duties, or eligibilities
264for licensure or certification as provided by law.
265     (5)  The department shall plan and administer authorized
266its public health programs through its county health departments
267and may, for administrative purposes and efficient service
268delivery, establish multicounty up to 15 service areas to carry
269out such duties as may be prescribed by the State Surgeon
270General. The boundaries of the service areas shall be the same
271as, or combinations of, the service districts of the Department
272of Children and Family Services established in s. 20.19 and, to
273the extent practicable, shall take into consideration the
274boundaries of the jobs and education regional boards.
275     (6)  The State Surgeon General may and division directors
276are authorized to appoint ad hoc advisory committees as
277necessary to address issues relating to the responsibilities
278delegated to the department under paragraph (1)(a). The issue or
279problem that the ad hoc committee shall address, and the
280timeframe within which the committee is to complete its work,
281shall be specified at the time the committee is appointed. Ad
282hoc advisory committees shall include representatives of groups
283or entities affected by the issue or problem that the committee
284is asked to examine. Members of ad hoc advisory committees shall
285receive no compensation, but may, within existing departmental
286resources, receive reimbursement for travel expenses as provided
287in s. 112.061.
288     (7)  To protect and improve the public health, the
289department may use state or federal funds to:
290     (a)  Provide incentives, including, but not limited to, the
291promotional items listed in paragraph (b), food and including
292food coupons, and payment for travel expenses, for encouraging
293healthy lifestyle and disease prevention behaviors and patient
294compliance with medical treatment, such as tuberculosis therapy
295and smoking cessation programs. Such incentives shall be
296intended to cause individuals to take action to improve their
297health. Any incentive for food, food coupons, or travel expenses
298may not exceed the limitations in s. 112.061.
299     (b)  Plan and conduct health education campaigns for the
300purpose of protecting or improving public health. The department
301may purchase promotional items, such as, but not limited to, t-
302shirts, hats, sports items such as water bottles and sweat
303bands, calendars, nutritional charts, baby bibs, growth charts,
304and other items printed with health promotion messages, and
305advertising, such as space on billboards or in publications or
306radio or television time, for health information and promotional
307messages that recognize that the following behaviors, among
308others, are detrimental to public health: unprotected sexual
309intercourse, other than with one's spouse; cigarette and cigar
310smoking, use of smokeless tobacco products, and exposure to
311environmental tobacco smoke; alcohol consumption or other
312substance abuse during pregnancy; alcohol abuse or other
313substance abuse; lack of exercise and poor diet and nutrition
314habits; and failure to recognize and address a genetic tendency
315to suffer from sickle-cell anemia, diabetes, high blood
316pressure, cardiovascular disease, or cancer. For purposes of
317activities under this paragraph, the Department of Health may
318establish requirements for local matching funds or in-kind
319contributions to create and distribute advertisements, in either
320print or electronic format, which are concerned with each of the
321targeted behaviors, establish an independent evaluation and
322feedback system for the public health communication campaign,
323and monitor and evaluate the efforts to determine which of the
324techniques and methodologies are most effective.
325     (c)  Plan and conduct promotional campaigns to recruit
326health professionals to be employed by the department or to
327recruit participants in departmental programs for health
328practitioners, such as scholarship, loan repayment, or volunteer
329programs. To this effect the department may purchase promotional
330items and advertising.
331     (8)  The department may hold copyrights, trademarks, and
332service marks and enforce its rights with respect thereto,
333except such authority does not extend to any public records
334relating to the department's responsibilities for health care
335practitioners regulated under part II of chapter 455.
336     (7)(9)  There is established within the Department of
337Health the Office of Minority Health.
338     (8)  Beginning in fiscal year 2010-2011, the department
339shall initiate or commence new programs, including any new
340federally funded or grant-supported initiative, or make changes
341in current programs only when the Legislature expressly
342authorizes the department to do so.
343     Section 2.  Section 381.0011, Florida Statutes, is amended
344to read:
345     381.0011  Duties and powers of the Department of Health.-It
346is the duty of the Department of Health to:
347     (1)  Assess the public health status and needs of the state
348pursuant to the responsibilities delegated to the department
349under s. 20.43 through statewide data collection and other
350appropriate means, with special attention to future needs that
351may result from population growth, technological advancements,
352new societal priorities, or other changes.
353     (2)  Manage and coordinate emergency preparedness and
354disaster response functions to: investigate and control the
355spread of disease; coordinate the availability and staffing of
356special needs shelters; support patient evacuation; ensure the
357safety of food and drugs; provide critical incident stress
358debriefing; and provide surveillance and control of
359radiological, chemical, biological, and other environmental
360hazards Formulate general policies affecting the public health
361of the state.
362     (3)  Include in the department's strategic plan developed
363under s. 186.021 a summary of all aspects of the public health
364related to the responsibilities delegated to the department
365under s. 20.43(1) mission and health status objectives to direct
366the use of public health resources with an emphasis on
367prevention.
368     (4)  Administer and enforce laws and rules relating to
369sanitation, control of communicable diseases, and illnesses and
370hazards to health among humans and from animals to humans, and
371the general health of the people of the state.
372     (5)  Cooperate with and accept assistance from federal,
373state, and local officials for the prevention and suppression of
374communicable and other diseases, illnesses, injuries, and
375hazards to human health and cooperate with the Federal
376Government in enforcing public health laws and regulations.
377     (6)  Declare, enforce, modify, and abolish quarantine of
378persons, animals, and premises as the circumstances indicate for
379controlling communicable diseases or providing protection from
380unsafe conditions that pose a threat to public health, except as
381provided in ss. 384.28 and 392.545-392.60.
382     (a)  The department shall adopt rules to specify the
383conditions and procedures for imposing and releasing a
384quarantine. The rules must include provisions related to:
385     1.  The closure of premises.
386     2.  The movement of persons or animals exposed to or
387infected with a communicable disease.
388     3.  The tests or treatment, including vaccination, for
389communicable disease required prior to employment or admission
390to the premises or to comply with a quarantine.
391     4.  Testing or destruction of animals with or suspected of
392having a disease transmissible to humans.
393     5.  Access by the department to quarantined premises.
394     6.  The disinfection of quarantined animals, persons, or
395premises.
396     7.  Methods of quarantine.
397     (b)  Any health regulation that restricts travel or trade
398within the state may not be adopted or enforced in this state
399except by authority of the department.
400     (7)  Identify, diagnose, investigate, and conduct
401surveillance of communicable diseases in the state and promote
402and implement interventions that prevent or limit the impact and
403spread of disease in the state Provide for a thorough
404investigation and study of the incidence, causes, modes of
405propagation and transmission, and means of prevention, control,
406and cure of diseases, illnesses, and hazards to human health.
407     (8)  Issue, as necessary and in its discretion, health
408alerts or advisories Provide for the dissemination of
409information to the public relative to the prevention, control,
410and cure of diseases, illnesses, and hazards to human health.
411The department shall conduct a workshop before issuing any
412health alert or advisory relating to food-borne illness or
413communicable disease in public lodging or food service
414establishments in order to inform persons, trade associations,
415and businesses of the risk to public health and to seek the
416input of affected persons, trade associations, and businesses on
417the best methods of informing and protecting the public. The
418department shall conduct a workshop before issuing any such
419alert or advisory, except in an emergency, in which case the
420workshop must be held within 14 days after the issuance of the
421emergency alert or advisory.
422     (9)  Act as registrar of vital statistics.
423     (10)  Cooperate with and assist federal health officials in
424enforcing public health laws and regulations.
425     (11)  Cooperate with other departments, local officials,
426and private boards and organizations for the improvement and
427preservation of the public health.
428     (12)  Maintain a statewide injury-prevention program.
429     (10)(13)  Adopt rules pursuant to ss. 120.536(1) and 120.54
430to implement the provisions of law conferring duties upon it.
431This subsection does not authorize the department to require a
432permit or license or to inspect a building or facility, unless
433such requirement is specifically provided by law.
434     (11)(14)  Perform any other duties expressly assigned to
435the department prescribed by law.
436     Section 3.  Subsection (16) of section 381.006, Florida
437Statutes, is amended to read:
438     381.006  Environmental health.-The department shall conduct
439an environmental health program as part of fulfilling the
440state's public health mission. The purpose of this program is to
441detect and prevent disease caused by natural and manmade factors
442in the environment. The environmental health program shall
443include, but not be limited to:
444     (16)  A group-care-facilities function. The term, where a
445"group care facility" means any public or private school,
446assisted living facility, adult family-care home, adult day care
447center, short-term residential treatment center, residential
448treatment facility, home for special services, transitional
449living facility, crisis stabilization unit, hospice, prescribed
450pediatric extended care center, intermediate care facility for
451persons with developmental disabilities, or boarding school
452housing, building or buildings, section of a building, or
453distinct part of a building or other place, whether operated for
454profit or not, which undertakes, through its ownership or
455management, to provide one or more personal services, care,
456protection, and supervision to persons who require such services
457and who are not related to the owner or administrator. The
458department may adopt rules necessary to protect the health and
459safety of residents, staff, and patrons of group care
460facilities, as defined in this paragraph. Rules related to
461public and private schools shall be developed by such as child
462care facilities, family day care homes, assisted living
463facilities, adult day care centers, adult family care homes,
464hospices, residential treatment facilities, crisis stabilization
465units, pediatric extended care centers, intermediate care
466facilities for the developmentally disabled, group care homes,
467and, jointly with the Department of Education in consultation
468with the department, private and public schools. These Rules may
469include definitions of terms; provisions relating to operation
470and maintenance of facilities, buildings, grounds, equipment,
471furnishings, and occupant-space requirements; lighting; heating,
472cooling, and ventilation; food service; water supply and
473plumbing; sewage; sanitary facilities; insect and rodent
474control; garbage; safety; personnel health, hygiene, and work
475practices; and other matters the department finds are
476appropriate or necessary to protect the safety and health of the
477residents, staff, students, faculty, or patrons. The department
478may not adopt rules that conflict with rules adopted by the
479licensing or certifying agency. The department may enter and
480inspect at reasonable hours to determine compliance with
481applicable statutes or rules. In addition to any sanctions that
482the department may impose for violations of rules adopted under
483this section, the department shall also report such violations
484to any agency responsible for licensing or certifying the group
485care facility. The licensing or certifying agency may also
486impose any sanction based solely on the findings of the
487department.
488
489The department may adopt rules to carry out the provisions of
490this section.
491     Section 4.  Subsections (1), (2), (3), and (6) of section
492381.0072, Florida Statutes, are amended to read:
493     381.0072  Food service protection.-It shall be the duty of
494the Department of Health to adopt and enforce sanitation rules
495consistent with law to ensure the protection of the public from
496food-borne illness. These rules shall provide the standards and
497requirements for the storage, preparation, serving, or display
498of food in food service establishments as defined in this
499section and which are not permitted or licensed under chapter
500500 or chapter 509.
501     (1)  DEFINITIONS.-As used in this section, the term:
502     (a)  "Department" means the Department of Health or its
503representative county health department.
504     (b)  "Food service establishment" means detention
505facilities, public or private schools, migrant labor camps,
506assisted living facilities, adult family-care homes, adult day
507care centers, short-term residential treatment centers,
508residential treatment facilities, homes for special services,
509transitional living facilities, crisis stabilization units,
510hospices, prescribed pediatric extended care centers,
511intermediate care facilities for persons with developmental
512disabilities, boarding schools, civic or fraternal
513organizations, bars and lounges, vending machines that dispense
514potentially hazardous foods at facilities expressly named in
515this paragraph, and facilities used as temporary food events or
516mobile food units at any facility expressly named any facility,
517as described in this paragraph, where food is prepared and
518intended for individual portion service, including and includes
519the site at which individual portions are provided,. The term
520includes any such facility regardless of whether consumption is
521on or off the premises and regardless of whether there is a
522charge for the food. The term includes detention facilities,
523child care facilities, schools, institutions, civic or fraternal
524organizations, bars and lounges and facilities used at temporary
525food events, mobile food units, and vending machines at any
526facility regulated under this section. The term does not include
527any entity not expressly named in this paragraph private homes
528where food is prepared or served for individual family
529consumption; nor does the term include churches, synagogues, or
530other not-for-profit religious organizations as long as these
531organizations serve only their members and guests and do not
532advertise food or drink for public consumption, or any facility
533or establishment permitted or licensed under chapter 500 or
534chapter 509; nor does the term include any theater, if the
535primary use is as a theater and if patron service is limited to
536food items customarily served to the admittees of theaters; nor
537does the term include a research and development test kitchen
538limited to the use of employees and which is not open to the
539general public.
540     (c)  "Operator" means the owner, operator, keeper,
541proprietor, lessee, manager, assistant manager, agent, or
542employee of a food service establishment.
543     (2)  DUTIES.-
544     (a)  The department may advise and consult with the Agency
545for Health Care Administration, the Department of Business and
546Professional Regulation, the Department of Agriculture and
547Consumer Services, and the Department of Children and Family
548Services concerning procedures related to the storage,
549preparation, serving, or display of food at any building,
550structure, or facility not expressly included in this section
551that is inspected, licensed, or regulated by those agencies.
552     (b)(a)  The department shall adopt rules, including
553definitions of terms which are consistent with law prescribing
554minimum sanitation standards and manager certification
555requirements as prescribed in s. 509.039, and which shall be
556enforced in food service establishments as defined in this
557section. The sanitation standards must address the construction,
558operation, and maintenance of the establishment; lighting,
559ventilation, laundry rooms, lockers, use and storage of toxic
560materials and cleaning compounds, and first-aid supplies; plan
561review; design, construction, installation, location,
562maintenance, sanitation, and storage of food equipment and
563utensils; employee training, health, hygiene, and work
564practices; food supplies, preparation, storage, transportation,
565and service, including access to the areas where food is stored
566or prepared; and sanitary facilities and controls, including
567water supply and sewage disposal; plumbing and toilet
568facilities; garbage and refuse collection, storage, and
569disposal; and vermin control. Public and private schools, if the
570food service is operated by school employees,; hospitals
571licensed under chapter 395; nursing homes licensed under part II
572of chapter 400; child care facilities as defined in s. 402.301;
573residential facilities colocated with a nursing home or
574hospital, if all food is prepared in a central kitchen that
575complies with nursing or hospital regulations; and bars and
576lounges, civic organizations, and any other facility that is not
577regulated under this section as defined by department rule, are
578exempt from the rules developed for manager certification. The
579department shall administer a comprehensive inspection,
580monitoring, and sampling program to ensure such standards are
581maintained. With respect to food service establishments
582permitted or licensed under chapter 500 or chapter 509, the
583department shall assist the Division of Hotels and Restaurants
584of the Department of Business and Professional Regulation and
585the Department of Agriculture and Consumer Services with
586rulemaking by providing technical information.
587     (c)(b)  The department shall carry out all provisions of
588this chapter and all other applicable laws and rules relating to
589the inspection or regulation of food service establishments as
590defined in this section, for the purpose of safeguarding the
591public's health, safety, and welfare.
592     (d)(c)  The department shall inspect each food service
593establishment as often as necessary to ensure compliance with
594applicable laws and rules. The department shall have the right
595of entry and access to these food service establishments at any
596reasonable time. In inspecting food service establishments as
597provided under this section, the department shall provide each
598inspected establishment with the food recovery brochure
599developed under s. 570.0725.
600     (e)(d)  The department or other appropriate regulatory
601entity may inspect theaters exempted in subsection (1) to ensure
602compliance with applicable laws and rules pertaining to minimum
603sanitation standards. A fee for inspection shall be prescribed
604by rule, but the aggregate amount charged per year per theater
605establishment shall not exceed $300, regardless of the entity
606providing the inspection.
607     (3)  LICENSES REQUIRED.-
608     (a)  Licenses; annual renewals.-Each food service
609establishment regulated under this section shall obtain a
610license from the department annually. Food service establishment
611licenses shall expire annually and are not transferable from one
612place or individual to another. However, those facilities
613licensed by the department's Office of Licensure and
614Certification, the Child Care Services Program Office, or the
615Agency for Persons with Disabilities are exempt from this
616subsection. It shall be a misdemeanor of the second degree,
617punishable as provided in s. 381.0061, s. 775.082, or s.
618775.083, for such an establishment to operate without this
619license. The department may refuse a license, or a renewal
620thereof, to any establishment that is not constructed or
621maintained in accordance with law and with the rules of the
622department. Annual application for renewal is not required.
623     (b)  Application for license.-Each person who plans to open
624a food service establishment regulated under this section and
625not regulated under chapter 500 or chapter 509 shall apply for
626and receive a license prior to the commencement of operation.
627     (6)  IMMINENT DANGERS; STOP-SALE ORDERS.-
628     (a)  In the course of epidemiological investigations or for
629those establishments regulated by the department under this
630chapter, the department, to protect the public from food that is
631unwholesome or otherwise unfit for human consumption, may
632examine, sample, seize, and stop the sale or use of food to
633determine its condition. The department may stop the sale and
634supervise the proper destruction of food when the State Health
635Officer or his or her designee determines that such food
636represents a threat to the public health.
637     (b)  The department may determine that a food service
638establishment regulated under this section is an imminent danger
639to the public health and require its immediate closure when such
640establishment fails to comply with applicable sanitary and
641safety standards and, because of such failure, presents an
642imminent threat to the public's health, safety, and welfare. The
643department may accept inspection results from state and local
644building and firesafety officials and other regulatory agencies
645as justification for such actions. Any facility so deemed and
646closed shall remain closed until allowed by the department or by
647judicial order to reopen.
648     Section 5.  Paragraph (g) of subsection (2) of section
649381.0101, Florida Statutes, is amended to read:
650     (2)  DEFINITIONS.-As used in this section:
651     (g)  "Primary environmental health program" means those
652programs determined by the department is expressly authorized by
653law to administer to be essential for providing basic
654environmental and sanitary protection to the public. At a
655minimum, These programs shall include food protection program
656work at food service establishments as defined in s. 381.0072
657and onsite sewage treatment and disposal system evaluations.
658     Section 6.  Sections 381.001, 381.04015, 401.243, 411.23,
659411.231, and 411.232, Florida Statutes, are repealed.
660     Section 7.  Paragraph (d) of subsection (5) of section
661411.01, Florida Statutes, is amended to read:
662     411.01  School readiness programs; early learning
663coalitions.-
664     (5)  CREATION OF EARLY LEARNING COALITIONS.-
665     (d)  Implementation.-
666     1.  An early learning coalition may not implement the
667school readiness program until the coalition is authorized
668through approval of the coalition's school readiness plan by the
669Agency for Workforce Innovation.
670     2.  Each early learning coalition shall develop a plan for
671implementing the school readiness program to meet the
672requirements of this section and the performance standards and
673outcome measures adopted by the Agency for Workforce Innovation.
674The plan must demonstrate how the program will ensure that each
6753-year-old and 4-year-old child in a publicly funded school
676readiness program receives scheduled activities and instruction
677designed to enhance the age-appropriate progress of the children
678in attaining the performance standards adopted by the Agency for
679Workforce Innovation under subparagraph (4)(d)8. Before
680implementing the school readiness program, the early learning
681coalition must submit the plan to the Agency for Workforce
682Innovation for approval. The Agency for Workforce Innovation may
683approve the plan, reject the plan, or approve the plan with
684conditions. The Agency for Workforce Innovation shall review
685school readiness plans at least annually.
686     3.  If the Agency for Workforce Innovation determines
687during the annual review of school readiness plans, or through
688monitoring and performance evaluations conducted under paragraph
689(4)(l), that an early learning coalition has not substantially
690implemented its plan, has not substantially met the performance
691standards and outcome measures adopted by the agency, or has not
692effectively administered the school readiness program or
693Voluntary Prekindergarten Education Program, the Agency for
694Workforce Innovation may dissolve the coalition and temporarily
695contract with a qualified entity to continue school readiness
696and prekindergarten services in the coalition's county or
697multicounty region until the coalition is reestablished through
698resubmission of a school readiness plan and approval by the
699agency.
700     4.  The Agency for Workforce Innovation shall adopt
701criteria for the approval of school readiness plans. The
702criteria must be consistent with the performance standards and
703outcome measures adopted by the agency and must require each
704approved plan to include the following minimum standards and
705provisions:
706     a.  A sliding fee scale establishing a copayment for
707parents based upon their ability to pay, which is the same for
708all program providers, to be implemented and reflected in each
709program's budget.
710     b.  A choice of settings and locations in licensed,
711registered, religious-exempt, or school-based programs to be
712provided to parents.
713     c.  Instructional staff who have completed the training
714course as required in s. 402.305(2)(d)1., as well as staff who
715have additional training or credentials as required by the
716Agency for Workforce Innovation. The plan must provide a method
717for assuring the qualifications of all personnel in all program
718settings.
719     d.  Specific eligibility priorities for children within the
720early learning coalition's county or multicounty region in
721accordance with subsection (6).
722     e.  Performance standards and outcome measures adopted by
723the Agency for Workforce Innovation.
724     f.  Payment rates adopted by the early learning coalition
725and approved by the Agency for Workforce Innovation. Payment
726rates may not have the effect of limiting parental choice or
727creating standards or levels of services that have not been
728authorized by the Legislature.
729     g.  Systems support services, including a central agency,
730child care resource and referral, eligibility determinations,
731training of providers, and parent support and involvement.
732     h.  Direct enhancement services to families and children.
733System support and direct enhancement services shall be in
734addition to payments for the placement of children in school
735readiness programs.
736     i.  The business organization of the early learning
737coalition, which must include the coalition's articles of
738incorporation and bylaws if the coalition is organized as a
739corporation. If the coalition is not organized as a corporation
740or other business entity, the plan must include the contract
741with a fiscal agent. An early learning coalition may contract
742with other coalitions to achieve efficiency in multicounty
743services, and these contracts may be part of the coalition's
744school readiness plan.
745     j.  Strategies to meet the needs of unique populations,
746such as migrant workers.
747
748As part of the school readiness plan, the early learning
749coalition may request the Governor to apply for a waiver to
750allow the coalition to administer the Head Start Program to
751accomplish the purposes of the school readiness program. If a
752school readiness plan demonstrates that specific statutory goals
753can be achieved more effectively by using procedures that
754require modification of existing rules, policies, or procedures,
755a request for a waiver to the Agency for Workforce Innovation
756may be submitted as part of the plan. Upon review, the Agency
757for Workforce Innovation may grant the proposed modification.
758     5.  Persons with an early childhood teaching certificate
759may provide support and supervision to other staff in the school
760readiness program.
761     6.  An early learning coalition may not implement its
762school readiness plan until it submits the plan to and receives
763approval from the Agency for Workforce Innovation. Once the plan
764is approved, the plan and the services provided under the plan
765shall be controlled by the early learning coalition. The plan
766shall be reviewed and revised as necessary, but at least
767biennially. An early learning coalition may not implement the
768revisions until the coalition submits the revised plan to and
769receives approval from the Agency for Workforce Innovation. If
770the Agency for Workforce Innovation rejects a revised plan, the
771coalition must continue to operate under its prior approved
772plan.
773     7.  Sections 125.901(2)(a)3. and, 411.221, and 411.232 do
774not apply to an early learning coalition with an approved school
775readiness plan. To facilitate innovative practices and to allow
776the regional establishment of school readiness programs, an
777early learning coalition may apply to the Governor and Cabinet
778for a waiver of, and the Governor and Cabinet may waive, any of
779the provisions of ss. 411.223, 411.232, and 1003.54, if the
780waiver is necessary for implementation of the coalition's school
781readiness plan.
782     8.  Two or more counties may join for purposes of planning
783and implementing a school readiness program.
784     9.  An early learning coalition may, subject to approval by
785the Agency for Workforce Innovation as part of the coalition's
786school readiness plan, receive subsidized child care funds for
787all children eligible for any federal subsidized child care
788program.
789     10.  An early learning coalition may enter into multiparty
790contracts with multicounty service providers in order to meet
791the needs of unique populations such as migrant workers.
792     Section 8.  Paragraphs (f) and (g) of subsection (2) of
793section 411.224, Florida Statutes, are redesignated as
794paragraphs (e) and (f), respectively, and present paragraph (e)
795of that subsection is amended to read:
796     411.224  Family support planning process.-The Legislature
797establishes a family support planning process to be used by the
798Department of Children and Family Services as the service
799planning process for targeted individuals, children, and
800families under its purview.
801     (2)  To the extent possible within existing resources, the
802following populations must be included in the family support
803planning process:
804     (e)  Participants who are served by the Children's Early
805Investment Program established in s. 411.232.
806     Section 9.  Subsections (4) and (5) of section 509.013,
807Florida Statutes, are amended to read:
808     509.013  Definitions.-As used in this chapter, the term:
809     (4)(a)  "Public lodging establishment" includes a transient
810public lodging establishment as defined in subparagraph 1. and a
811nontransient public lodging establishment as defined in
812subparagraph 2.
813     1.  "Transient public lodging establishment" means any
814unit, group of units, dwelling, building, or group of buildings
815within a single complex of buildings which is rented to guests
816more than three times in a calendar year for periods of less
817than 30 days or 1 calendar month, whichever is less, or which is
818advertised or held out to the public as a place regularly rented
819to guests.
820     2.  "Nontransient public lodging establishment" means any
821unit, group of units, dwelling, building, or group of buildings
822within a single complex of buildings which is rented to guests
823for periods of at least 30 days or 1 calendar month, whichever
824is less, or which is advertised or held out to the public as a
825place regularly rented to guests for periods of at least 30 days
826or 1 calendar month.
827
828License classifications of public lodging establishments, and
829the definitions therefor, are set out in s. 509.242. For the
830purpose of licensure, the term does not include condominium
831common elements as defined in s. 718.103.
832     (b)  The following are excluded from the definitions in
833paragraph (a):
834     1.  Any dormitory or other living or sleeping facility
835maintained by a public or private school, college, or university
836for the use of students, faculty, or visitors;
837     2.  Any facility certified or licensed and regulated by the
838Agency for Health Care Administration or the Department of
839Children and Family Services hospital, nursing home, sanitarium,
840assisted living facility, or other similar place regulated under
841s. 381.0072;
842     3.  Any place renting four rental units or less, unless the
843rental units are advertised or held out to the public to be
844places that are regularly rented to transients;
845     4.  Any unit or group of units in a condominium,
846cooperative, or timeshare plan and any individually or
847collectively owned one-family, two-family, three-family, or
848four-family dwelling house or dwelling unit that is rented for
849periods of at least 30 days or 1 calendar month, whichever is
850less, and that is not advertised or held out to the public as a
851place regularly rented for periods of less than 1 calendar
852month, provided that no more than four rental units within a
853single complex of buildings are available for rent;
854     5.  Any migrant labor camp or residential migrant housing
855permitted by the Department of Health; under ss. 381.008-
856381.00895; and
857     6.  Any establishment inspected by the Department of Health
858and regulated by chapter 513.
859     (5)(a)  "Public food service establishment" means any
860building, vehicle, place, or structure, or any room or division
861in a building, vehicle, place, or structure where food is
862prepared, served, or sold for immediate consumption on or in the
863vicinity of the premises; called for or taken out by customers;
864or prepared prior to being delivered to another location for
865consumption.
866     (b)  The following are excluded from the definition in
867paragraph (a):
868     1.  Any place maintained and operated by a public or
869private school, college, or university:
870     a.  For the use of students and faculty; or
871     b.  Temporarily to serve such events as fairs, carnivals,
872and athletic contests.
873     2.  Any eating place maintained and operated by a church or
874a religious, nonprofit fraternal, or nonprofit civic
875organization:
876     a.  For the use of members and associates; or
877     b.  Temporarily to serve such events as fairs, carnivals,
878or athletic contests.
879     3.  Any eating place located on an airplane, train, bus, or
880watercraft which is a common carrier.
881     4.  Any eating place maintained by a facility certified or
882licensed and regulated by the Agency for Health Care
883Administration or the Department of Children and Family Services
884hospital, nursing home, sanitarium, assisted living facility,
885adult day care center, or other similar place that is regulated
886under s. 381.0072.
887     5.  Any place of business issued a permit or inspected by
888the Department of Agriculture and Consumer Services under s.
889500.12.
890     6.  Any place of business where the food available for
891consumption is limited to ice, beverages with or without
892garnishment, popcorn, or prepackaged items sold without
893additions or preparation.
894     7.  Any theater, if the primary use is as a theater and if
895patron service is limited to food items customarily served to
896the admittees of theaters.
897     8.  Any vending machine that dispenses any food or
898beverages other than potentially hazardous foods, as defined by
899division rule.
900     9.  Any vending machine that dispenses potentially
901hazardous food and which is located in a facility regulated
902under s. 381.0072.
903     10.  Any research and development test kitchen limited to
904the use of employees and which is not open to the general
905public.
906     Section 10.  This act shall take effect July 1, 2010.


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