March 30, 2020
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_h7183e1
CS/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 with respect to management of
6the department; abolishing responsibility to regulate
7health practitioners effective July 1, 2011; abolishing
8specified divisions of the department effective July 1,
92011, unless reviewed and reenacted by the Legislature;
10authorizing the department to establish multicounty
11service areas for county health departments; requiring the
12department to submit a reorganization plan to the
13Legislature by a specified date; prohibiting the
14department from establishing new programs or modifying
15current programs without legislative approval; requiring
16the department to seek approval from the Legislative
17Budget Commission for certain activities; providing that
18the request for approval is subject to certain notice,
19review, and objection procedures; amending s. 381.0011,
20F.S.; revising duties and powers of the department;
21requiring the department to manage emergency preparedness
22and disaster response functions; authorizing the
23department to issue health alerts or advisories under
24certain conditions; revising rulemaking authority of the
25department; amending s. 381.006, F.S.; revising the
26definition of the term "group care facility"; amending s.
27381.0072, F.S.; revising the definition of the term "food
28service establishment"; authorizing the department to
29advise and consult with other agencies relating to the
30provision of food services; revising entities that are
31exempt from rules relating to standards for food service
32establishment manager certification; amending s. 381.0101,
33F.S.; revising the definition of the term "primary
34environmental health program"; repealing s. 381.001, F.S.,
35relating to legislative intent with respect to the state's
36public health system; repealing s. 381.04015, F.S.,
37relating to the Women's Health Strategy; repealing s.
38401.243, F.S., relating to the department's injury
39prevention program; repealing ss. 411.23, 411.231, and
40411.232, F.S., relating to the Children's Early Investment
41Act; amending s. 381.4018, F.S.; providing definitions;
42revising the list of governmental stakeholders that the
43department is required to work with regarding the state
44strategic plan and in assessing the state's physician
45workforce; creating the Physician Workforce Advisory
46Council; providing for appointments, membership, terms,
47and duties of the council; providing that council members
48are not entitled to receive compensation or reimbursement
49for per diem or travel expenses; providing the duties of
50the council; amending s. 392.51, F.S.; revising
51legislative intent with respect to the delivery of
52tuberculosis control services; amending s. 392.69, F.S.;
53requiring the department to develop a plan to provide
54tuberculosis services; requiring the department to submit
55the plan to the Governor and Legislature; amending ss.
56411.01 and 411.224, F.S.; conforming cross-references;
57amending s. 456.074, F.S.; requiring the Secretary of
58Business and Professional Regulation to consult with the
59State Surgeon General before issuing an emergency
60suspension order for certain licensed providers; providing
61a deadline for the recommendation; amending ss. 458.3192
62and 459.0082, F.S.; requiring the department to determine
63by geographic area and specialty the number of physicians
64who plan to relocate outside the state, practice medicine
65in this state, and reduce or modify the scope of their
66practice; authorizing the department to include additional
67information in its report to the Governor and Legislature;
68amending s. 499.003, F.S.; defining the term "medical
69convenience kit" for purposes of pt. I of ch. 499, F.S.;
70conforming cross-references; amending s. 499.01, F.S.;
71creating an exemption from device manufacturer permits for
72certain persons; amending s. 499.01212, F.S.; exempting
73specified prescription drugs from pedigree paper
74requirements under certain circumstances; amending s.
75499.029, F.S.; renaming the Cancer Drug Donation Program
76as the Prescription Drug Donation Program; revising
77definitions; expanding the drugs and supplies that may be
78donated under the program; expanding the types of
79facilities and practitioners that may participate in the
80program; conforming provisions to changes in terminology;
81amending s. 509.013, F.S.; revising the definitions of the
82terms "public lodging establishment" and "public food
83establishment"; transferring and reassigning certain
84functions and responsibilities, including records,
85personnel, property, and unexpended balances of
86appropriations and other resources, from the Department of
87Health to the Department of Business and Professional
88Regulation by a type two transfer; providing for the
89continued validity of pending judicial or administrative
90actions to which the Department of Health is a party;
91providing for the continued validity of lawful orders
92issued by the Department of Health; transferring rules
93created by the Department of Health to the Department of
94Business and Professional Regulation; providing for the
95continued validity of permits and certifications issued by
96the Department of Health; providing effective dates.
97
98Be It Enacted by the Legislature of the State of Florida:
99
100     Section 1.  Section 20.43, Florida Statutes, is amended to
101read:
102     20.43  Department of Health.-There is created a Department
103of Health.
104     (1)(a)  The purpose of the Department of Health is
105responsible for to promote and protect the health of all
106residents and visitors in the state through organized state and
107community efforts, including cooperative agreements with
108counties. The department shall:
109     1.(a)  Identifying, diagnosing, investigating, and
110conducting surveillance of communicable diseases in the state
111Prevent to the fullest extent possible, the occurrence and
112progression of communicable and noncommunicable diseases and
113disabilities.
114     2.(b)  Maintaining Maintain a constant surveillance of
115disease occurrence and accumulating accumulate health statistics
116necessary to establish disease trends and to design health
117programs.
118     3.  Implementing interventions that prevent or limit the
119impact or spread of disease in the state.
120     4.(c)  Maintaining and coordinating preparedness for and
121responses to public health emergencies in the state Conduct
122special studies of the causes of diseases and formulate
123preventive strategies.
124     5.(d)  Regulating environmental activities that have a
125direct impact on public health in the state Promote the
126maintenance and improvement of the environment as it affects
127public health.
128     6.(e)  Administering and providing health and related
129services for targeted populations in the state Promote the
130maintenance and improvement of health in the residents of the
131state.
132     7.(f)  Collecting, managing, and analyzing vital statistics
133data in the state Provide leadership, in cooperation with the
134public and private sectors, in establishing statewide and
135community public health delivery systems.
136     (g)  Provide health care and early intervention services to
137infants, toddlers, children, adolescents, and high-risk
138perinatal patients who are at risk for disabling conditions or
139have chronic illnesses.
140     (h)  Provide services to abused and neglected children
141through child protection teams and sexual abuse treatment
142programs.
143     (i)  Develop working associations with all agencies and
144organizations involved and interested in health and health care
145delivery.
146     (j)  Analyze trends in the evolution of health systems, and
147identify and promote the use of innovative, cost-effective
148health delivery systems.
149     (k)  Serve as the statewide repository of all aggregate
150data accumulated by state agencies related to health care;
151analyze that data and issue periodic reports and policy
152statements, as appropriate; require that all aggregated data be
153kept in a manner that promotes easy utilization by the public,
154state agencies, and all other interested parties; provide
155technical assistance as required; and work cooperatively with
156the state's higher education programs to promote further study
157and analysis of health care systems and health care outcomes.
158     (l)  Include in the department's strategic plan developed
159under s. 186.021 an assessment of current health programs,
160systems, and costs; projections of future problems and
161opportunities; and recommended changes that are needed in the
162health care system to improve the public health.
163     8.(m)  Regulating Regulate health practitioners, to the
164extent authorized by the Legislature, as necessary for the
165preservation of the health, safety, and welfare of the public.
166This subparagraph expires on July 1, 2011.
167     (b)  By November 1, 2010, the department shall submit a
168proposal to the President of the Senate, the Speaker of the
169House of Representatives, and the appropriate substantive
170legislative committees for a new department structure based upon
171the responsibilities delegated under paragraph (a). The proposal
172shall include reductions in the number of departmental bureaus
173and divisions and limits on the number of executive positions in
174a manner that enables the department to fulfill the
175responsibilities delegated under paragraph (a). The department
176shall identify existing functions and activities that are
177inconsistent with the responsibilities delegated under paragraph
178(a) and shall provide a job description for each bureau chief
179and division director position proposed for retention.
180     (2)(a)  The head of the Department of Health is the State
181Surgeon General and State Health Officer. The State Surgeon
182General must be a physician licensed under chapter 458 or
183chapter 459 who has advanced training or extensive experience in
184public health administration. The State Surgeon General is
185appointed by the Governor subject to confirmation by the Senate.
186The State Surgeon General serves at the pleasure of the
187Governor. The State Surgeon General shall manage the department
188as it carries out the responsibilities delegated under paragraph
189(1)(a) serve as the leading voice on wellness and disease
190prevention efforts, including the promotion of healthful
191lifestyles, immunization practices, health literacy, and the
192assessment and promotion of the physician and health care
193workforce in order to meet the health care needs of the state.
194The State Surgeon General shall focus on advocating healthy
195lifestyles, developing public health policy, and building
196collaborative partnerships with schools, businesses, health care
197practitioners, community-based organizations, and public and
198private institutions in order to promote health literacy and
199optimum quality of life for all Floridians.
200     (b)  The Officer of Women's Health Strategy is established
201within the Department of Health and shall report directly to the
202State Surgeon General.
203     (3)  The following divisions of the Department of Health
204are established:
205     (a)  Division of Administration. This paragraph expires
206July 1, 2011, unless reviewed and reenacted by the Legislature
207before that date.
208     (b)  Division of Environmental Health. This paragraph
209expires July 1, 2011, unless reviewed and reenacted by the
210Legislature before that date.
211     (c)  Division of Disease Control. This paragraph expires
212July 1, 2011, unless reviewed and reenacted by the Legislature
213before that date.
214     (d)  Division of Family Health Services. This paragraph
215expires July 1, 2011, unless reviewed and reenacted by the
216Legislature before that date.
217     (e)  Division of Children's Medical Services Network. This
218paragraph expires July 1, 2011, unless reviewed and reenacted by
219the Legislature before that date.
220     (f)  Division of Emergency Medical Operations. This
221paragraph expires July 1, 2011, unless reviewed and reenacted by
222the Legislature before that date.
223     (g)  Division of Medical Quality Assurance, which is
224responsible for the following boards and professions established
225within the division:
226     1.  The Board of Acupuncture, created under chapter 457.
227     2.  The Board of Medicine, created under chapter 458.
228     3.  The Board of Osteopathic Medicine, created under
229chapter 459.
230     4.  The Board of Chiropractic Medicine, created under
231chapter 460.
232     5.  The Board of Podiatric Medicine, created under chapter
233461.
234     6.  Naturopathy, as provided under chapter 462.
235     7.  The Board of Optometry, created under chapter 463.
236     8.  The Board of Nursing, created under part I of chapter
237464.
238     9.  Nursing assistants, as provided under part II of
239chapter 464.
240     10.  The Board of Pharmacy, created under chapter 465.
241     11.  The Board of Dentistry, created under chapter 466.
242     12.  Midwifery, as provided under chapter 467.
243     13.  The Board of Speech-Language Pathology and Audiology,
244created under part I of chapter 468.
245     14.  The Board of Nursing Home Administrators, created
246under part II of chapter 468.
247     15.  The Board of Occupational Therapy, created under part
248III of chapter 468.
249     16.  Respiratory therapy, as provided under part V of
250chapter 468.
251     17.  Dietetics and nutrition practice, as provided under
252part X of chapter 468.
253     18.  The Board of Athletic Training, created under part
254XIII of chapter 468.
255     19.  The Board of Orthotists and Prosthetists, created
256under part XIV of chapter 468.
257     20.  Electrolysis, as provided under chapter 478.
258     21.  The Board of Massage Therapy, created under chapter
259480.
260     22.  The Board of Clinical Laboratory Personnel, created
261under part III of chapter 483.
262     23.  Medical physicists, as provided under part IV of
263chapter 483.
264     24.  The Board of Opticianry, created under part I of
265chapter 484.
266     25.  The Board of Hearing Aid Specialists, created under
267part II of chapter 484.
268     26.  The Board of Physical Therapy Practice, created under
269chapter 486.
270     27.  The Board of Psychology, created under chapter 490.
271     28.  School psychologists, as provided under chapter 490.
272     29.  The Board of Clinical Social Work, Marriage and Family
273Therapy, and Mental Health Counseling, created under chapter
274491.
275
276This paragraph expires July 1, 2011.
277     (h)  Division of Children's Medical Services Prevention and
278Intervention. This paragraph expires July 1, 2011, unless
279reviewed and reenacted by the Legislature before that date.
280     (i)  Division of Information Technology. This paragraph
281expires July 1, 2011, unless reviewed and reenacted by the
282Legislature before that date.
283     (j)  Division of Health Access and Tobacco. This paragraph
284expires July 1, 2011, unless reviewed and reenacted by the
285Legislature before that date.
286     (k)  Division of Disability Determinations. This paragraph
287expires July 1, 2011, unless reviewed and reenacted by the
288Legislature before that date.
289     (4)(a)  The members of each board within the department
290shall be appointed by the Governor, subject to confirmation by
291the Senate. Consumer members on the board shall be appointed
292pursuant to paragraph (b). Members shall be appointed for 4-year
293terms, and such terms shall expire on October 31. However, a
294term of less than 4 years may be used to ensure that:
295     1.  No more than two members' terms expire during the same
296calendar year for boards consisting of seven or eight members.
297     2.  No more than 3 members' terms expire during the same
298calendar year for boards consisting of 9 to 12 members.
299     3.  No more than 5 members' terms expire during the same
300calendar year for boards consisting of 13 or more members.
301
302A member whose term has expired shall continue to serve on the
303board until such time as a replacement is appointed. A vacancy
304on the board shall be filled for the unexpired portion of the
305term in the same manner as the original appointment. No member
306may serve for more than the remaining portion of a previous
307member's unexpired term, plus two consecutive 4-year terms of
308the member's own appointment thereafter.
309     (b)  Each board with five or more members shall have at
310least two consumer members who are not, and have never been,
311members or practitioners of the profession regulated by such
312board or of any closely related profession. Each board with
313fewer than five members shall have at least one consumer member
314who is not, and has never been, a member or practitioner of the
315profession regulated by such board or of any closely related
316profession.
317     (c)  Notwithstanding any other provision of law, the
318department is authorized to establish uniform application forms
319and certificates of licensure for use by the boards within the
320department. Nothing in this paragraph authorizes the department
321to vary any substantive requirements, duties, or eligibilities
322for licensure or certification as provided by law.
323     (5)  The department shall plan and administer authorized
324its public health programs through its county health departments
325and may, for administrative purposes and efficient service
326delivery, establish multicounty up to 15 service areas to carry
327out such duties as may be prescribed by the State Surgeon
328General. The boundaries of the service areas shall be the same
329as, or combinations of, the service districts of the Department
330of Children and Family Services established in s. 20.19 and, to
331the extent practicable, shall take into consideration the
332boundaries of the jobs and education regional boards.
333     (6)  The State Surgeon General may and division directors
334are authorized to appoint ad hoc advisory committees as
335necessary to address issues relating to the responsibilities
336delegated to the department under paragraph (1)(a). The issue or
337problem that the ad hoc committee shall address, and the
338timeframe within which the committee is to complete its work,
339shall be specified at the time the committee is appointed. Ad
340hoc advisory committees shall include representatives of groups
341or entities affected by the issue or problem that the committee
342is asked to examine. Members of ad hoc advisory committees shall
343receive no compensation, but may, within existing departmental
344resources, receive reimbursement for travel expenses as provided
345in s. 112.061.
346     (7)  To protect and improve the public health, the
347department may use state or federal funds to:
348     (a)  Provide incentives, including, but not limited to, the
349promotional items listed in paragraph (b), food and including
350food coupons, and payment for travel expenses, for encouraging
351healthy lifestyle and disease prevention behaviors and patient
352compliance with medical treatment, such as tuberculosis therapy
353and smoking cessation programs. Such incentives shall be
354intended to cause individuals to take action to improve their
355health. Any incentive for food, food coupons, or travel expenses
356may not exceed the limitations in s. 112.061.
357     (b)  Plan and conduct health education campaigns for the
358purpose of protecting or improving public health. The department
359may purchase promotional items, such as, but not limited to, t-
360shirts, hats, sports items such as water bottles and sweat
361bands, calendars, nutritional charts, baby bibs, growth charts,
362and other items printed with health promotion messages, and
363advertising, such as space on billboards or in publications or
364radio or television time, for health information and promotional
365messages that recognize that the following behaviors, among
366others, are detrimental to public health: unprotected sexual
367intercourse, other than with one's spouse; cigarette and cigar
368smoking, use of smokeless tobacco products, and exposure to
369environmental tobacco smoke; alcohol consumption or other
370substance abuse during pregnancy; alcohol abuse or other
371substance abuse; lack of exercise and poor diet and nutrition
372habits; and failure to recognize and address a genetic tendency
373to suffer from sickle-cell anemia, diabetes, high blood
374pressure, cardiovascular disease, or cancer. For purposes of
375activities under this paragraph, the Department of Health may
376establish requirements for local matching funds or in-kind
377contributions to create and distribute advertisements, in either
378print or electronic format, which are concerned with each of the
379targeted behaviors, establish an independent evaluation and
380feedback system for the public health communication campaign,
381and monitor and evaluate the efforts to determine which of the
382techniques and methodologies are most effective.
383     (c)  Plan and conduct promotional campaigns to recruit
384health professionals to be employed by the department or to
385recruit participants in departmental programs for health
386practitioners, such as scholarship, loan repayment, or volunteer
387programs. To this effect the department may purchase promotional
388items and advertising.
389     (8)  The department may hold copyrights, trademarks, and
390service marks and enforce its rights with respect thereto,
391except such authority does not extend to any public records
392relating to the department's responsibilities for health care
393practitioners regulated under part II of chapter 455.
394     (7)(9)  There is established within the Department of
395Health the Office of Minority Health.
396     (8)(a)  Beginning in fiscal year 2010-2011, the department
397shall initiate or commence new programs, including any new
398federally funded or grant-supported initiative, or make changes
399in current programs only when the Legislature expressly
400authorizes the department to do so.
401     (b)  Beginning in fiscal year 2010-2011, prior to applying
402for any continuation of federal or private grants, the
403department shall request the express approval of the Legislative
404Budget Commission. The request for approval shall provide
405detailed information about the purpose of the grant, the prior
406use of the grant, the reason for continuation, the intended use
407of the continuation funds, and the number of full-time permanent
408or temporary employees that participate in administering the
409program funded by the grant. This paragraph is subject to the
410notice, review, and objection procedures set forth in s.
411216.177.
412     Section 2.  Section 381.0011, Florida Statutes, is amended
413to read:
414     381.0011  Duties and powers of the Department of Health.-It
415is the duty of the Department of Health to:
416     (1)  Assess the public health status and needs of the state
417pursuant to the responsibilities delegated to the department
418under s. 20.43 through statewide data collection and other
419appropriate means, with special attention to future needs that
420may result from population growth, technological advancements,
421new societal priorities, or other changes.
422     (2)  Manage and coordinate emergency preparedness and
423disaster response functions to: investigate and control the
424spread of disease; coordinate the availability and staffing of
425special needs shelters; support patient evacuation; ensure the
426safety of food and drugs; provide critical incident stress
427debriefing; and provide surveillance and control of
428radiological, chemical, biological, and other environmental
429hazards Formulate general policies affecting the public health
430of the state.
431     (3)  Include in the department's strategic plan developed
432under s. 186.021 a summary of all aspects of the public health
433related to the responsibilities delegated to the department
434under s. 20.43(1) mission and health status objectives to direct
435the use of public health resources with an emphasis on
436prevention.
437     (4)  Administer and enforce laws and rules relating to
438sanitation, control of communicable diseases, and illnesses and
439hazards to health among humans and from animals to humans, and
440the general health of the people of the state.
441     (5)  Cooperate with and accept assistance from federal,
442state, and local officials for the prevention and suppression of
443communicable and other diseases, illnesses, injuries, and
444hazards to human health and cooperate with the Federal
445Government in enforcing public health laws and regulations.
446     (6)  Declare, enforce, modify, and abolish quarantine of
447persons, animals, and premises as the circumstances indicate for
448controlling communicable diseases or providing protection from
449unsafe conditions that pose a threat to public health, except as
450provided in ss. 384.28 and 392.545-392.60.
451     (a)  The department shall adopt rules to specify the
452conditions and procedures for imposing and releasing a
453quarantine. The rules must include provisions related to:
454     1.  The closure of premises.
455     2.  The movement of persons or animals exposed to or
456infected with a communicable disease.
457     3.  The tests or treatment, including vaccination, for
458communicable disease required prior to employment or admission
459to the premises or to comply with a quarantine.
460     4.  Testing or destruction of animals with or suspected of
461having a disease transmissible to humans.
462     5.  Access by the department to quarantined premises.
463     6.  The disinfection of quarantined animals, persons, or
464premises.
465     7.  Methods of quarantine.
466     (b)  Any health regulation that restricts travel or trade
467within the state may not be adopted or enforced in this state
468except by authority of the department.
469     (7)  Identify, diagnose, investigate, and conduct
470surveillance of communicable diseases in the state and promote
471and implement interventions that prevent or limit the impact and
472spread of disease in the state Provide for a thorough
473investigation and study of the incidence, causes, modes of
474propagation and transmission, and means of prevention, control,
475and cure of diseases, illnesses, and hazards to human health.
476     (8)  Issue, as necessary and in its discretion, health
477alerts or advisories Provide for the dissemination of
478information to the public relative to the prevention, control,
479and cure of diseases, illnesses, and hazards to human health.
480The department shall conduct a workshop before issuing any
481health alert or advisory relating to food-borne illness or
482communicable disease in public lodging or food service
483establishments in order to inform persons, trade associations,
484and businesses of the risk to public health and to seek the
485input of affected persons, trade associations, and businesses on
486the best methods of informing and protecting the public. The
487department shall conduct a workshop before issuing any such
488alert or advisory, except in an emergency, in which case the
489workshop must be held within 14 days after the issuance of the
490emergency alert or advisory.
491     (9)  Act as registrar of vital statistics.
492     (10)  Cooperate with and assist federal health officials in
493enforcing public health laws and regulations.
494     (11)  Cooperate with other departments, local officials,
495and private boards and organizations for the improvement and
496preservation of the public health.
497     (12)  Maintain a statewide injury-prevention program.
498     (10)(13)  Adopt rules pursuant to ss. 120.536(1) and 120.54
499to implement the provisions of law conferring duties upon it.
500This subsection does not authorize the department to require a
501permit or license or to inspect a building or facility, unless
502such requirement is specifically provided by law.
503     (11)(14)  Perform any other duties expressly assigned to
504the department prescribed by law.
505     Section 3.  Subsection (16) of section 381.006, Florida
506Statutes, is amended to read:
507     381.006  Environmental health.-The department shall conduct
508an environmental health program as part of fulfilling the
509state's public health mission. The purpose of this program is to
510detect and prevent disease caused by natural and manmade factors
511in the environment. The environmental health program shall
512include, but not be limited to:
513     (16)  A group-care-facilities function. As used in this
514subsection, the term, where a "group care facility" means any
515public or private school, assisted living facility, adult
516family-care home, adult day care center, short-term residential
517treatment center, residential treatment facility, home for
518special services, transitional living facility, crisis
519stabilization unit, hospice, prescribed pediatric extended care
520center, intermediate care facility for persons with
521developmental disabilities, or boarding school housing, building
522or buildings, section of a building, or distinct part of a
523building or other place, whether operated for profit or not,
524which undertakes, through its ownership or management, to
525provide one or more personal services, care, protection, and
526supervision to persons who require such services and who are not
527related to the owner or administrator. The department may adopt
528rules necessary to protect the health and safety of residents,
529staff, and patrons of group care facilities. Rules related to
530public and private schools shall be developed by, such as child
531care facilities, family day care homes, assisted living
532facilities, adult day care centers, adult family care homes,
533hospices, residential treatment facilities, crisis stabilization
534units, pediatric extended care centers, intermediate care
535facilities for the developmentally disabled, group care homes,
536and, jointly with the Department of Education in consultation
537with the department, private and public schools. These Rules
538adopted under this subsection may include definitions of terms;
539provisions relating to operation and maintenance of facilities,
540buildings, grounds, equipment, furnishings, and occupant-space
541requirements; lighting; heating, cooling, and ventilation; food
542service; water supply and plumbing; sewage; sanitary facilities;
543insect and rodent control; garbage; safety; personnel health,
544hygiene, and work practices; and other matters the department
545finds are appropriate or necessary to protect the safety and
546health of the residents, staff, students, faculty, or patrons.
547The department may not adopt rules that conflict with rules
548adopted by the licensing or certifying agency. The department
549may enter and inspect at reasonable hours to determine
550compliance with applicable statutes or rules. In addition to any
551sanctions that the department may impose for violations of rules
552adopted under this section, the department shall also report
553such violations to any agency responsible for licensing or
554certifying the group care facility. The licensing or certifying
555agency may also impose any sanction based solely on the findings
556of the department.
557
558The department may adopt rules to carry out the provisions of
559this section.
560     Section 4.  Subsections (1), (2), (3), and (6) of section
561381.0072, Florida Statutes, are amended to read:
562     381.0072  Food service protection.-It shall be the duty of
563the Department of Health to adopt and enforce sanitation rules
564consistent with law to ensure the protection of the public from
565food-borne illness. These rules shall provide the standards and
566requirements for the storage, preparation, serving, or display
567of food in food service establishments as defined in this
568section and which are not permitted or licensed under chapter
569500 or chapter 509.
570     (1)  DEFINITIONS.-As used in this section, the term:
571     (a)  "Department" means the Department of Health or its
572representative county health department.
573     (b)  "Food service establishment" means detention
574facilities, public or private schools, migrant labor camps,
575assisted living facilities, adult family-care homes, adult day
576care centers, short-term residential treatment centers,
577residential treatment facilities, homes for special services,
578transitional living facilities, crisis stabilization units,
579hospices, prescribed pediatric extended care centers,
580intermediate care facilities for persons with developmental
581disabilities, boarding schools, civic or fraternal
582organizations, bars and lounges, vending machines that dispense
583potentially hazardous foods at facilities expressly named in
584this paragraph, and facilities used as temporary food events or
585mobile food units at any facility expressly named any facility,
586as described in this paragraph, where food is prepared and
587intended for individual portion service, including and includes
588the site at which individual portions are provided,. The term
589includes any such facility regardless of
590on or off the premises and regardless of whether there is a
591charge for the food. The term includes detention facilities,
592child care facilities, schools, institutions, civic or fraternal
593organizations, bars and lounges and facilities used at temporary
594food events, mobile food units, and vending machines at any
595facility regulated under this section. The term does not include
596any entity not expressly named in this paragraph private homes
597where food is prepared or served for individual family
598consumption; nor does the term include churches, synagogues, or
599other not-for-profit religious organizations as long as these
600organizations serve only their members and guests and do not
601advertise food or drink for public consumption, or any facility
602or establishment permitted or licensed under chapter 500 or
603chapter 509; nor does the term include any theater, if the
604primary use is as a theater and if patron service is limited to
605food items customarily served to the admittees of theaters; nor
606does the term include a research and development test kitchen
607limited to the use of employees and which is not open to the
608general public.
609     (c)  "Operator" means the owner, operator, keeper,
610proprietor, lessee, manager, assistant manager, agent, or
611employee of a food service establishment.
612     (2)  DUTIES.-
613     (a)  The department may advise and consult with the Agency
614for Health Care Administration, the Department of Business and
615Professional Regulation, the Department of Agriculture and
616Consumer Services, and the Department of Children and Family
617Services concerning procedures related to the storage,
618preparation, serving, or display of food at any building,
619structure, or facility not expressly included in this section
620that is inspected, licensed, or regulated by those agencies.
621     (b)(a)  The department shall adopt rules, including
622definitions of terms which are consistent with law prescribing
623minimum sanitation standards and manager certification
624requirements as prescribed in s. 509.039, and which shall be
625enforced in food service establishments as defined in this
626section. The sanitation standards must address the construction,
627operation, and maintenance of the establishment; lighting,
628ventilation, laundry rooms, lockers, use and storage of toxic
629materials and cleaning compounds, and first-aid supplies; plan
630review; design, construction, installation, location,
631maintenance, sanitation, and storage of food equipment and
632utensils; employee training, health, hygiene, and work
633practices; food supplies, preparation, storage, transportation,
634and service, including access to the areas where food is stored
635or prepared; and sanitary facilities and controls, including
636water supply and sewage disposal; plumbing and toilet
637facilities; garbage and refuse collection, storage, and
638disposal; and vermin control. Public and private schools, if the
639food service is operated by school employees,; hospitals
640licensed under chapter 395; nursing homes licensed under part II
641of chapter 400; child care facilities as defined in s. 402.301;
642residential facilities colocated with a nursing home or
643hospital, if all food is prepared in a central kitchen that
644complies with nursing or hospital regulations; and bars and
645lounges, civic organizations, and any other facility that is not
646regulated under this section as defined by department rule, are
647exempt from the rules developed for manager certification. The
648department shall administer a comprehensive inspection,
649monitoring, and sampling program to ensure such standards are
650maintained. With respect to food service establishments
651permitted or licensed under chapter 500 or chapter 509, the
652department shall assist the Division of Hotels and Restaurants
653of the Department of Business and Professional Regulation and
654the Department of Agriculture and Consumer Services with
655rulemaking by providing technical information.
656     (c)(b)  The department shall carry out all provisions of
657this chapter and all other applicable laws and rules relating to
658the inspection or regulation of food service establishments as
659defined in this section, for the purpose of safeguarding the
660public's health, safety, and welfare.
661     (d)(c)  The department shall inspect each food service
662establishment as often as necessary to ensure compliance with
663applicable laws and rules. The department shall have the right
664of entry and access to these food service establishments at any
665reasonable time. In inspecting food service establishments as
666provided under this section, the department shall provide each
667inspected establishment with the food recovery brochure
668developed under s. 570.0725.
669     (e)(d)  The department or other appropriate regulatory
670entity may inspect theaters exempted in subsection (1) to ensure
671compliance with applicable laws and rules pertaining to minimum
672sanitation standards. A fee for inspection shall be prescribed
673by rule, but the aggregate amount charged per year per theater
674establishment shall not exceed $300, regardless of the entity
675providing the inspection.
676     (3)  LICENSES REQUIRED.-
677     (a)  Licenses; annual renewals.-Each food service
678establishment regulated under this section shall obtain a
679license from the department annually. Food service establishment
680licenses shall expire annually and are not transferable from one
681place or individual to another. However, those facilities
682licensed by the department's Office of Licensure and
683Certification, the Child Care Services Program Office, or the
684Agency for Persons with Disabilities are exempt from this
685subsection. It shall be a misdemeanor of the second degree,
686punishable as provided in s. 381.0061, s. 775.082, or s.
687775.083, for such an establishment to operate without this
688license. The department may refuse a license, or a renewal
689thereof, to any establishment that is not constructed or
690maintained in accordance with law and with the rules of the
691department. Annual application for renewal is not required.
692     (b)  Application for license.-Each person who plans to open
693a food service establishment regulated under this section and
694not regulated under chapter 500 or chapter 509 shall apply for
695and receive a license prior to the commencement of operation.
696     (6)  IMMINENT DANGERS; STOP-SALE ORDERS.-
697     (a)  In the course of epidemiological investigations or for
698those establishments regulated by the department under this
699chapter, the department, to protect the public from food that is
700unwholesome or otherwise unfit for human consumption, may
701examine, sample, seize, and stop the sale or use of food to
702determine its condition. The department may stop the sale and
703supervise the proper destruction of food when the State Health
704Officer or his or her designee determines that such food
705represents a threat to the public health.
706     (b)  The department may determine that a food service
707establishment regulated under this section is an imminent danger
708to the public health and require its immediate closure when such
709establishment fails to comply with applicable sanitary and
710safety standards and, because of such failure, presents an
711imminent threat to the public's health, safety, and welfare. The
712department may accept inspection results from state and local
713building and firesafety officials and other regulatory agencies
714as justification for such actions. Any facility so deemed and
715closed shall remain closed until allowed by the department or by
716judicial order to reopen.
717     Section 5.  Paragraph (g) of subsection (2) of section
718381.0101, Florida Statutes, is amended to read:
719     (2)  DEFINITIONS.-As used in this section:
720     (g)  "Primary environmental health program" means those
721programs determined by the department is expressly authorized by
722law to administer to be essential for providing basic
723environmental and sanitary protection to the public. At a
724minimum, These programs shall include food protection program
725work at food service establishments as defined in s. 381.0072
726and onsite sewage treatment and disposal system evaluations.
727     Section 6.  Sections 381.001, 381.04015, 401.243, 411.23,
728411.231, and 411.232, Florida Statutes, are repealed.
729     Section 7.  Section 381.4018, Florida Statutes, is amended
730to read:
731     381.4018  Physician workforce assessment and development.-
732     (1)  DEFINITIONS.-As used in this section, the term:
733     (a)  "Consortium" or "consortia" means a combination of
734statutory teaching hospitals, statutory rural hospitals, other
735hospitals, accredited medical schools, clinics operated by the
736department, clinics operated by the Department of Veterans'
737Affairs, area health education centers, community health
738centers, federally qualified health centers, prison clinics,
739local community clinics, or other programs. At least one member
740of the consortium shall be a sponsoring institution accredited
741or currently seeking accreditation by the Accreditation Council
742for Graduate Medical Education or the American Osteopathic
743Association.
744     (b)  "Council" means the Physician Workforce Advisory
745Council.
746     (c)  "Department" means the Department of Health.
747     (d)  "Graduate medical education program" means a program
748accredited by the Accreditation Council for Graduate Medical
749Education or the American Osteopathic Association.
750     (e)  "Primary care specialty" means emergency medicine,
751family practice, internal medicine, pediatrics, psychiatry,
752obstetrics and gynecology, or combined internal medicine and
753other primary care specialties as determined by the council or
754the department.
755     (2)(1)  LEGISLATIVE INTENT.- The Legislature recognizes
756that physician workforce planning is an essential component of
757ensuring that there is an adequate and appropriate supply of
758well-trained physicians to meet this state's future health care
759service needs as the general population and elderly population
760of the state increase. The Legislature finds that items to
761consider relative to assessing the physician workforce may
762include physician practice status; specialty mix; geographic
763distribution; demographic information, including, but not
764limited to, age, gender, race, and cultural considerations; and
765needs of current or projected medically underserved areas in the
766state. Long-term strategic planning is essential as the period
767from the time a medical student enters medical school to
768completion of graduate medical education may range from 7 to 10
769years or longer. The Legislature recognizes that strategies to
770provide for a well-trained supply of physicians must include
771ensuring the availability and capacity of quality graduate
772medical schools and graduate medical education programs in this
773state, as well as using new or existing state and federal
774programs providing incentives for physicians to practice in
775needed specialties and in underserved areas in a manner that
776addresses projected needs for physician manpower.
777     (3)(2)  PURPOSE.-The Department of Health shall serve as a
778coordinating and strategic planning body to actively assess the
779state's current and future physician workforce needs and work
780with multiple stakeholders to develop strategies and
781alternatives to address current and projected physician
782workforce needs.
783     (4)(3)  GENERAL FUNCTIONS.-The department shall maximize
784the use of existing programs under the jurisdiction of the
785department and other state agencies and coordinate governmental
786and nongovernmental stakeholders and resources in order to
787develop a state strategic plan and assess the implementation of
788such strategic plan. In developing the state strategic plan, the
789department shall:
790     (a)  Monitor, evaluate, and report on the supply and
791distribution of physicians licensed under chapter 458 or chapter
792459. The department shall maintain a database to serve as a
793statewide source of data concerning the physician workforce.
794     (b)  Develop a model and quantify, on an ongoing basis, the
795adequacy of the state's current and future physician workforce
796as reliable data becomes available. Such model must take into
797account demographics, physician practice status, place of
798education and training, generational changes, population growth,
799economic indicators, and issues concerning the "pipeline" into
800medical education.
801     (c)  Develop and recommend strategies to determine whether
802the number of qualified medical school applicants who might
803become competent, practicing physicians in this state will be
804sufficient to meet the capacity of the state's medical schools.
805If appropriate, the department shall, working with
806representatives of appropriate governmental and nongovernmental
807entities, develop strategies and recommendations and identify
808best practice programs that introduce health care as a
809profession and strengthen skills needed for medical school
810admission for elementary, middle, and high school students, and
811improve premedical education at the precollege and college level
812in order to increase this state's potential pool of medical
813students.
814     (d)  Develop strategies to ensure that the number of
815graduates from the state's public and private allopathic and
816osteopathic medical schools are adequate to meet physician
817workforce needs, based on the analysis of the physician
818workforce data, so as to provide a high-quality medical
819education to students in a manner that recognizes the uniqueness
820of each new and existing medical school in this state.
821     (e)  Pursue strategies and policies to create, expand, and
822maintain graduate medical education positions in the state based
823on the analysis of the physician workforce data. Such strategies
824and policies must take into account the effect of federal
825funding limitations on the expansion and creation of positions
826in graduate medical education. The department shall develop
827options to address such federal funding limitations. The
828department shall consider options to provide direct state
829funding for graduate medical education positions in a manner
830that addresses requirements and needs relative to accreditation
831of graduate medical education programs. The department shall
832consider funding residency positions as a means of addressing
833needed physician specialty areas, rural areas having a shortage
834of physicians, and areas of ongoing critical need, and as a
835means of addressing the state's physician workforce needs based
836on an ongoing analysis of physician workforce data.
837     (f)  Develop strategies to maximize federal and state
838programs that provide for the use of incentives to attract
839physicians to this state or retain physicians within the state.
840Such strategies should explore and maximize federal-state
841partnerships that provide incentives for physicians to practice
842in federally designated shortage areas. Strategies shall also
843consider the use of state programs, such as the Florida Health
844Service Corps established pursuant to s. 381.0302 and the
845Medical Education Reimbursement and Loan Repayment Program
846pursuant to s. 1009.65, which provide for education loan
847repayment or loan forgiveness and provide monetary incentives
848for physicians to relocate to underserved areas of the state.
849     (g)  Coordinate and enhance activities relative to
850physician workforce needs, undergraduate medical education, and
851graduate medical education provided by the Division of Medical
852Quality Assurance, the Community Hospital Education Program and
853the Graduate Medical Education Committee established pursuant to
854s. 381.0403, area health education center networks established
855pursuant to s. 381.0402, and other offices and programs within
856the Department of Health as designated by the State Surgeon
857General.
858     (h)  Work in conjunction with and act as a coordinating
859body for governmental and nongovernmental stakeholders to
860address matters relating to the state's physician workforce
861assessment and development for the purpose of ensuring an
862adequate supply of well-trained physicians to meet the state's
863future needs. Such governmental stakeholders shall include, but
864need not be limited to, the State Surgeon General or his or her
865designee, the Commissioner of Education or his or her designee,
866the Secretary of Health Care Administration or his or her
867designee, and the Chancellor of the State University System or
868his or her designee from the Board of Governors of the State
869University System, and, at the discretion of the department,
870other representatives of state and local agencies that are
871involved in assessing, educating, or training the state's
872current or future physicians. Other stakeholders shall include,
873but need not be limited to, organizations representing the
874state's public and private allopathic and osteopathic medical
875schools; organizations representing hospitals and other
876institutions providing health care, particularly those that have
877an interest in providing accredited medical education and
878graduate medical education to medical students and medical
879residents; organizations representing allopathic and osteopathic
880practicing physicians; and, at the discretion of the department,
881representatives of other organizations or entities involved in
882assessing, educating, or training the state's current or future
883physicians.
884     (i)  Serve as a liaison with other states and federal
885agencies and programs in order to enhance resources available to
886the state's physician workforce and medical education continuum.
887     (j)  Act as a clearinghouse for collecting and
888disseminating information concerning the physician workforce and
889medical education continuum in this state.
890     (5)  PHYSICIAN WORKFORCE ADVISORY COUNCIL.-There is created
891in the department the Physician Workforce Advisory Council, an
892advisory council as defined in s. 20.03. The council shall
893comply with the requirements of s. 20.052, except as otherwise
894provided in this section.
895     (a)  The council shall be composed of the following 23
896members:
897     1.  The following members appointed by the State Surgeon
898General:
899     a.  A designee from the department.
900     b.  An individual recommended by the Area Health Education
901Center Network.
902     c.  Two individuals recommended by the Council of Florida
903Medical School Deans, one representing a college of allopathic
904medicine and one representing a college of osteopathic medicine.
905     d.  Two individuals recommended by the Florida Hospital
906Association, one representing a statutory teaching hospital and
907one representing a hospital that is licensed under chapter 395,
908has an accredited graduate medical education program, and is not
909a statutory teaching hospital.
910     e.  Two individuals recommended by the Florida Medical
911Association, one representing a primary care specialty and one
912representing a nonprimary care specialty.
913     f.  Two individuals recommended by the Florida Osteopathic
914Medical Association, one representing a primary care specialty
915and one representing a nonprimary care specialty.
916     g.  Two individuals who are program directors of accredited
917graduate medical education programs, one representing a program
918that is accredited by the Accreditation Council for Graduate
919Medical Education and one representing a program that is
920accredited by the American Osteopathic Association.
921     h.  An individual recommended by the Florida Justice
922Association.
923     i.  An individual representing a profession in the field of
924health services administration.
925     j.  A layperson member.
926
927Each entity authorized to make recommendations under this
928subparagraph shall make at least two recommendations to the
929State Surgeon General for each appointment to the council. The
930State Surgeon General shall appoint one member for each position
931from among the recommendations made by each authorized entity.
932     2.  The following members or designees appointed by the
933respective agency head, legislative presiding officer, or
934congressional delegation:
935     a.  The Commissioner of Education or his or her designee.
936     b.  The Chancellor of the State University System or his or
937her designee.
938     c.  The Secretary of Health Care Administration or his or
939her designee.
940     d.  The executive director of the Department of Veterans'
941Affairs or his or her designee.
942     e.  The Secretary of Elderly Affairs or his or her
943designee.
944     f.  The President of the Senate or his or her designee.
945     g.  The Speaker of the House of Representatives or his or
946her designee.
947     h.  A designee of Florida's Congressional Delegation.
948     (b)  Each council member shall be appointed to a 4-year
949term. A member may not serve more than two full terms. Any
950council member may be removed from office for malfeasance,
951misfeasance, neglect of duty, incompetence, permanent inability
952to perform official duties, or pleading guilty or nolo
953contendere to, or being found guilty of, a felony. Any council
954member who meets the criteria for removal, or who is otherwise
955unwilling or unable to properly fulfill the duties of the
956office, shall be succeeded by an individual chosen by the State
957Surgeon General to serve out the remainder of the council
958member's term. If the remainder of the replaced council member's
959term is less than 18 months, notwithstanding the provisions of
960this paragraph, the succeeding council member may be reappointed
961twice by the State Surgeon General.
962     (c)  The chair of the council is the State Surgeon General,
963who shall designate a vice chair to serve in the absence of the
964State Surgeon General. A vacancy shall be filled for the
965remainder of the unexpired term in the same manner as the
966original appointment.
967     (d)  Council members are not entitled to receive
968compensation or reimbursement for per diem or travel expenses.
969     (e)  The council shall meet twice a year in person or by
970teleconference.
971     (f)  The council shall:
972     1.  Advise the State Surgeon General and the department on
973matters concerning current and future physician workforce needs
974in this state.
975     2.  Review survey materials and the compilation of survey
976information.
977     3.  Provide recommendations to the department for the
978development of additional items to be incorporated in the survey
979completed by physicians licensed under chapter 458 or chapter
980459.
981     4.  Assist the department in preparing the annual report to
982the Legislature pursuant to ss. 458.3192 and 459.0082.
983     5.  Assist the department in preparing an initial strategic
984plan, conducting ongoing strategic planning in accordance with
985this section, and providing ongoing advice on implementing the
986recommendations.
987     6.  Monitor the need for an increased number of primary
988care physicians to provide the necessary current and projected
989health and medical services for the state.
990     7.  Monitor the status of graduate medical education in
991this state, including, but not limited to, as considered
992appropriate:
993     a.  The role of residents and medical faculty in the
994provision of health care.
995     b.  The relationship of graduate medical education to the
996state's physician workforce.
997     c.  The availability and use of state and federal
998appropriated funds for graduate medical education.
999     Section 8.  Section 392.51, Florida Statutes, is amended to
1000read:
1001     392.51  Findings and intent.-The Legislature finds and
1002declares that active tuberculosis is a highly contagious
1003infection that is sometimes fatal and constitutes a serious
1004threat to the public health. The Legislature finds that there is
1005a significant reservoir of tuberculosis infection in this state
1006and that there is a need to develop community programs to
1007identify tuberculosis and to respond quickly with appropriate
1008measures. The Legislature finds that some patients who have
1009active tuberculosis have complex medical, social, and economic
1010problems that make outpatient control of the disease difficult,
1011if not impossible, without posing a threat to the public health.
1012The Legislature finds that in order to protect the citizenry
1013from those few persons who pose a threat to the public, it is
1014necessary to establish a system of mandatory contact
1015identification, treatment to cure, hospitalization, and
1016isolation for contagious cases and to provide a system of
1017voluntary, community-oriented care and surveillance in all other
1018cases. The Legislature finds that the delivery of tuberculosis
1019control services is best accomplished by the coordinated efforts
1020of the respective county health departments, the A.G. Holley
1021State Hospital, and the private health care delivery system.
1022     Section 9.  Subsection (5) is added to section 392.69,
1023Florida Statutes, to read:
1024     392.69  Appropriation, sinking, and maintenance trust
1025funds; additional powers of the department.-
1026     (5)  The department shall develop a plan that exclusively
1027uses private and nonstate public hospitals to provide treatment
1028to cure, hospitalization, and isolation for persons with
1029contagious cases of tuberculosis who pose a threat to the
1030public. The department shall submit the plan to the Governor,
1031the President of the Senate, and the Speaker of the House of
1032Representatives by November 1, 2010. The plan shall include the
1033following elements:
1034     (a)  Identification of hospitals functionally capable of
1035caring for such patients.
1036     (b)  Reimbursement for hospital inpatient services at the
1037Medicaid rate and reimbursement for other medically necessary
1038services that are not hospital inpatient services at the
1039relevant Medicaid rate.
1040     (c)  Projected cost estimates.
1041     (d)  A transition plan for closing the A. G. Holley State
1042Hospital and transferring patients to private and nonstate
1043public hospitals over a 90-day period of time.
1044     Section 10.  Paragraph (d) of subsection (5) of section
1045411.01, Florida Statutes, is amended to read:
1046     411.01  School readiness programs; early learning
1047coalitions.-
1048     (5)  CREATION OF EARLY LEARNING COALITIONS.-
1049     (d)  Implementation.-
1050     1.  An early learning coalition may not implement the
1051school readiness program until the coalition is authorized
1052through approval of the coalition's school readiness plan by the
1053Agency for Workforce Innovation.
1054     2.  Each early learning coalition shall develop a plan for
1055implementing the school readiness program to meet the
1056requirements of this section and the performance standards and
1057outcome measures adopted by the Agency for Workforce Innovation.
1058The plan must demonstrate how the program will ensure that each
10593-year-old and 4-year-old child in a publicly funded school
1060readiness program receives scheduled activities and instruction
1061designed to enhance the age-appropriate progress of the children
1062in attaining the performance standards adopted by the Agency for
1063Workforce Innovation under subparagraph (4)(d)8. Before
1064implementing the school readiness program, the early learning
1065coalition must submit the plan to the Agency for Workforce
1066Innovation for approval. The Agency for Workforce Innovation may
1067approve the plan, reject the plan, or approve the plan with
1068conditions. The Agency for Workforce Innovation shall review
1069school readiness plans at least annually.
1070     3.  If the Agency for Workforce Innovation determines
1071during the annual review of school readiness plans, or through
1072monitoring and performance evaluations conducted under paragraph
1073(4)(l), that an early learning coalition has not substantially
1074implemented its plan, has not substantially met the performance
1075standards and outcome measures adopted by the agency, or has not
1076effectively administered the school readiness program or
1077Voluntary Prekindergarten Education Program, the Agency for
1078Workforce Innovation may dissolve the coalition and temporarily
1079contract with a qualified entity to continue school readiness
1080and prekindergarten services in the coalition's county or
1081multicounty region until the coalition is reestablished through
1082resubmission of a school readiness plan and approval by the
1083agency.
1084     4.  The Agency for Workforce Innovation shall adopt
1085criteria for the approval of school readiness plans. The
1086criteria must be consistent with the performance standards and
1087outcome measures adopted by the agency and must require each
1088approved plan to include the following minimum standards and
1089provisions:
1090     a.  A sliding fee scale establishing a copayment for
1091parents based upon their ability to pay, which is the same for
1092all program providers, to be implemented and reflected in each
1093program's budget.
1094     b.  A choice of settings and locations in licensed,
1095registered, religious-exempt, or school-based programs to be
1096provided to parents.
1097     c.  Instructional staff who have completed the training
1098course as required in s. 402.305(2)(d)1., as well as staff who
1099have additional training or credentials as required by the
1100Agency for Workforce Innovation. The plan must provide a method
1101for assuring the qualifications of all personnel in all program
1102settings.
1103     d.  Specific eligibility priorities for children within the
1104early learning coalition's county or multicounty region in
1105accordance with subsection (6).
1106     e.  Performance standards and outcome measures adopted by
1107the Agency for Workforce Innovation.
1108     f.  Payment rates adopted by the early learning coalition
1109and approved by the Agency for Workforce Innovation. Payment
1110rates may not have the effect of limiting parental choice or
1111creating standards or levels of services that have not been
1112authorized by the Legislature.
1113     g.  Systems support services, including a central agency,
1114child care resource and referral, eligibility determinations,
1115training of providers, and parent support and involvement.
1116     h.  Direct enhancement services to families and children.
1117System support and direct enhancement services shall be in
1118addition to payments for the placement of children in school
1119readiness programs.
1120     i.  The business organization of the early learning
1121coalition, which must include the coalition's articles of
1122incorporation and bylaws if the coalition is organized as a
1123corporation. If the coalition is not organized as a corporation
1124or other business entity, the plan must include the contract
1125with a fiscal agent. An early learning coalition may contract
1126with other coalitions to achieve efficiency in multicounty
1127services, and these contracts may be part of the coalition's
1128school readiness plan.
1129     j.  Strategies to meet the needs of unique populations,
1130such as migrant workers.
1131
1132As part of the school readiness plan, the early learning
1133coalition may request the Governor to apply for a waiver to
1134allow the coalition to administer the Head Start Program to
1135accomplish the purposes of the school readiness program. If a
1136school readiness plan demonstrates that specific statutory goals
1137can be achieved more effectively by using procedures that
1138require modification of existing rules, policies, or procedures,
1139a request for a waiver to the Agency for Workforce Innovation
1140may be submitted as part of the plan. Upon review, the Agency
1141for Workforce Innovation may grant the proposed modification.
1142     5.  Persons with an early childhood teaching certificate
1143may provide support and supervision to other staff in the school
1144readiness program.
1145     6.  An early learning coalition may not implement its
1146school readiness plan until it submits the plan to and receives
1147approval from the Agency for Workforce Innovation. Once the plan
1148is approved, the plan and the services provided under the plan
1149shall be controlled by the early learning coalition. The plan
1150shall be reviewed and revised as necessary, but at least
1151biennially. An early learning coalition may not implement the
1152revisions until the coalition submits the revised plan to and
1153receives approval from the Agency for Workforce Innovation. If
1154the Agency for Workforce Innovation rejects a revised plan, the
1155coalition must continue to operate under its prior approved
1156plan.
1157     7.  Sections 125.901(2)(a)3. and, 411.221, and 411.232 do
1158not apply to an early learning coalition with an approved school
1159readiness plan. To facilitate innovative practices and to allow
1160the regional establishment of school readiness programs, an
1161early learning coalition may apply to the Governor and Cabinet
1162for a waiver of, and the Governor and Cabinet may waive, any of
1163the provisions of ss. 411.223, 411.232, and 1003.54, if the
1164waiver is necessary for implementation of the coalition's school
1165readiness plan.
1166     8.  Two or more counties may join for purposes of planning
1167and implementing a school readiness program.
1168     9.  An early learning coalition may, subject to approval by
1169the Agency for Workforce Innovation as part of the coalition's
1170school readiness plan, receive subsidized child care funds for
1171all children eligible for any federal subsidized child care
1172program.
1173     10.  An early learning coalition may enter into multiparty
1174contracts with multicounty service providers in order to meet
1175the needs of unique populations such as migrant workers.
1176     Section 11.  Paragraphs (f) and (g) of subsection (2) of
1177section 411.224, Florida Statutes, are redesignated as
1178paragraphs (e) and (f), respectively, and present paragraph (e)
1179of that subsection is amended to read:
1180     411.224  Family support planning process.-The Legislature
1181establishes a family support planning process to be used by the
1182Department of Children and Family Services as the service
1183planning process for targeted individuals, children, and
1184families under its purview.
1185     (2)  To the extent possible within existing resources, the
1186following populations must be included in the family support
1187planning process:
1188     (e)  Participants who are served by the Children's Early
1189Investment Program established in s. 411.232.
1190     Section 12.  Subsection (5) is added to section 456.074,
1191Florida Statutes, to read:
1192     456.074  Certain health care practitioners; immediate
1193suspension of license.-
1194     (5)  Effective July 1, 2011, before issuing an emergency
1195order suspending the license of a physician licensed under
1196chapter 458, chapter 459, or chapter 461 or a dentist licensed
1197under chapter 466, the Secretary of Business and Professional
1198Regulation shall consult with, and receive a recommendation
1199from, the State Surgeon General. The State Surgeon General shall
1200provide a recommendation within 24 hours after the consultation.
1201     Section 13.  Section 458.3192, Florida Statutes, is amended
1202to read:
1203     458.3192  Analysis of survey results; report.-
1204     (1)  Each year, the Department of Health shall analyze the
1205results of the physician survey required by s. 458.3191 and
1206determine by geographic area and specialty the number of
1207physicians who:
1208     (a)  Perform deliveries of children in this state Florida.
1209     (b)  Read mammograms and perform breast-imaging-guided
1210procedures in this state Florida.
1211     (c)  Perform emergency care on an on-call basis for a
1212hospital emergency department.
1213     (d)  Plan to reduce or increase emergency on-call hours in
1214a hospital emergency department.
1215     (e)  Plan to relocate their allopathic or osteopathic
1216practice outside the state.
1217     (f)  Practice medicine in this state.
1218     (g)  Reduce or modify the scope of their practice.
1219     (2)  The Department of Health must report its findings to
1220the Governor, the President of the Senate, and the Speaker of
1221the House of Representatives by November 1 each year. The
1222department may also include in its report findings,
1223recommendations, or other information requested by the council.
1224     Section 14.  Section 459.0082, Florida Statutes, is amended
1225to read:
1226     459.0082  Analysis of survey results; report.-
1227     (1)  Each year, the Department of Health shall analyze the
1228results of the physician survey required by s. 459.0081 and
1229determine by geographic area and specialty the number of
1230physicians who:
1231     (a)  Perform deliveries of children in this state Florida.
1232     (b)  Read mammograms and perform breast-imaging-guided
1233procedures in this state Florida.
1234     (c)  Perform emergency care on an on-call basis for a
1235hospital emergency department.
1236     (d)  Plan to reduce or increase emergency on-call hours in
1237a hospital emergency department.
1238     (e)  Plan to relocate their allopathic or osteopathic
1239practice outside the state.
1240     (f)  Practice medicine in this state.
1241     (g)  Reduce or modify the scope of their practice.
1242     (2)  The Department of Health must report its findings to
1243the Governor, the President of the Senate, and the Speaker of
1244the House of Representatives by November 1 each year. The
1245department may also include in its report findings,
1246recommendations, or other information requested by the council.
1247     Section 15.  Subsections (32) through (54) of section
1248499.003, Florida Statutes, are renumbered as subsections (33)
1249through (55), respectively, present subsection (42) and
1250paragraph (a) of present subsection (53) are amended, and a new
1251subsection (32) is added to that subsection, to read:
1252     499.003  Definitions of terms used in this part.-As used in
1253this part, the term:
1254     (32)  "Medical convenience kit" means packages or units
1255that contain combination products as defined in 21 C.F.R. s.
12563.2(e)(2).
1257     (43)(42)  "Prescription drug" means a prescription,
1258medicinal, or legend drug, including, but not limited to,
1259finished dosage forms or active ingredients subject to, defined
1260by, or described by s. 503(b) of the Federal Food, Drug, and
1261Cosmetic Act or s. 465.003(8), s. 499.007(13), or subsection
1262(11), subsection (46) (45), or subsection (53) (52).
1263     (54)(53)  "Wholesale distribution" means distribution of
1264prescription drugs to persons other than a consumer or patient,
1265but does not include:
1266     (a)  Any of the following activities, which is not a
1267violation of s. 499.005(21) if such activity is conducted in
1268accordance with s. 499.01(2)(g):
1269     1.  The purchase or other acquisition by a hospital or
1270other health care entity that is a member of a group purchasing
1271organization of a prescription drug for its own use from the
1272group purchasing organization or from other hospitals or health
1273care entities that are members of that organization.
1274     2.  The sale, purchase, or trade of a prescription drug or
1275an offer to sell, purchase, or trade a prescription drug by a
1276charitable organization described in s. 501(c)(3) of the
1277Internal Revenue Code of 1986, as amended and revised, to a
1278nonprofit affiliate of the organization to the extent otherwise
1279permitted by law.
1280     3.  The sale, purchase, or trade of a prescription drug or
1281an offer to sell, purchase, or trade a prescription drug among
1282hospitals or other health care entities that are under common
1283control. For purposes of this subparagraph, "common control"
1284means the power to direct or cause the direction of the
1285management and policies of a person or an organization, whether
1286by ownership of stock, by voting rights, by contract, or
1287otherwise.
1288     4.  The sale, purchase, trade, or other transfer of a
1289prescription drug from or for any federal, state, or local
1290government agency or any entity eligible to purchase
1291prescription drugs at public health services prices pursuant to
1292Pub. L. No. 102-585, s. 602 to a contract provider or its
1293subcontractor for eligible patients of the agency or entity
1294under the following conditions:
1295     a.  The agency or entity must obtain written authorization
1296for the sale, purchase, trade, or other transfer of a
1297prescription drug under this subparagraph from the State Surgeon
1298General or his or her designee.
1299     b.  The contract provider or subcontractor must be
1300authorized by law to administer or dispense prescription drugs.
1301     c.  In the case of a subcontractor, the agency or entity
1302must be a party to and execute the subcontract.
1303     d.  A contract provider or subcontractor must maintain
1304separate and apart from other prescription drug inventory any
1305prescription drugs of the agency or entity in its possession.
1306     d.e.  The contract provider and subcontractor must maintain
1307and produce immediately for inspection all records of movement
1308or transfer of all the prescription drugs belonging to the
1309agency or entity, including, but not limited to, the records of
1310receipt and disposition of prescription drugs. Each contractor
1311and subcontractor dispensing or administering these drugs must
1312maintain and produce records documenting the dispensing or
1313administration. Records that are required to be maintained
1314include, but are not limited to, a perpetual inventory itemizing
1315drugs received and drugs dispensed by prescription number or
1316administered by patient identifier, which must be submitted to
1317the agency or entity quarterly.
1318     e.f.  The contract provider or subcontractor may administer
1319or dispense the prescription drugs only to the eligible patients
1320of the agency or entity or must return the prescription drugs
1321for or to the agency or entity. The contract provider or
1322subcontractor must require proof from each person seeking to
1323fill a prescription or obtain treatment that the person is an
1324eligible patient of the agency or entity and must, at a minimum,
1325maintain a copy of this proof as part of the records of the
1326contractor or subcontractor required under sub-subparagraph d.
1327e.
1328     f.g.  In addition to the departmental inspection authority
1329set forth in s. 499.051, the establishment of the contract
1330provider and subcontractor and all records pertaining to
1331prescription drugs subject to this subparagraph shall be subject
1332to inspection by the agency or entity. All records relating to
1333prescription drugs of a manufacturer under this subparagraph
1334shall be subject to audit by the manufacturer of those drugs,
1335without identifying individual patient information.
1336     Section 16.  Paragraph (q) of subsection (2) of section
1337499.01, Florida Statutes, is amended to read:
1338     499.01  Permits.-
1339     (2)  The following permits are established:
1340     (q)  Device manufacturer permit.-
1341     1.  A device manufacturer permit is required for any person
1342that engages in the manufacture, repackaging, or assembly of
1343medical devices for human use in this state, except that a
1344permit is not required if:
1345     a.  The person is engaged only in manufacturing,
1346repackaging, or assembling a medical device pursuant to a
1347practitioner's order for a specific patient; or
1348     b.  The person does not manufacture, repackage, or assemble
1349any medical devices or components for such devices, except those
1350devices or components which are exempt from registration
1351pursuant to s. 499.015(8).
1352     2.1.  A manufacturer or repackager of medical devices in
1353this state must comply with all appropriate state and federal
1354good manufacturing practices and quality system rules.
1355     3.2.  The department shall adopt rules related to storage,
1356handling, and recordkeeping requirements for manufacturers of
1357medical devices for human use.
1358     Section 17.  Paragraph (i) is added to subsection (3) of
1359section 499.01212, Florida Statutes, to read:
1360     499.01212  Pedigree paper.-
1361     (3)  EXCEPTIONS.-A pedigree paper is not required for:
1362     (i)  The wholesale distribution of prescription drugs
1363within a medical convenience kit if:
1364     1.  The medical convenience kit is assembled in an
1365establishment that is registered with the United States Food and
1366Drug Administration as a medical device manufacturer;
1367     2.  The medical convenience kit manufacturer is an
1368authorized distributor of record, as defined by 21 C.F.R. s.
1369203.3, for the manufacturer of the specific drugs contained
1370within the kit; and
1371     3.  The drugs contained in the medical convenience kit are:
1372     a.  Intravenous solutions intended for the replenishment of
1373fluids and electrolytes;
1374     b.  Products intended to maintain the equilibrium of water
1375and minerals in the body;
1376     c.  Products intended for irrigation or reconstitution;
1377     d.  Anesthetics; or
1378     e.  Anticoagulants.
1379
1380This paragraph does not apply to a medical convenience kit
1381containing any controlled substance that appears in any schedule
1382contained in or subject to chapter 893 or the Federal
1383Comprehensive Drug Abuse Prevention and Control Act of 1970.
1384     Section 18.  Section 499.029, Florida Statutes, is amended
1385to read:
1386     499.029  Prescription Cancer Drug Donation Program.-
1387     (1)  This section may be cited as the Prescription "Cancer
1388Drug Donation Program Act."
1389     (2)  There is created a Prescription Cancer Drug Donation
1390Program within the department for the purpose of authorizing and
1391facilitating the donation of prescription cancer drugs and
1392supplies to eligible patients.
1393     (3)  As used in this section, the term:
1394     (a)  "Cancer drug" means a prescription drug that has been
1395approved under s. 505 of the federal Food, Drug, and Cosmetic
1396Act and is used to treat cancer or its side effects or is used
1397to treat the side effects of a prescription drug used to treat
1398cancer or its side effects. "Cancer drug" does not include a
1399substance listed in Schedule II, Schedule III, Schedule IV, or
1400Schedule V of s. 893.03.
1401     (a)(b)  "Closed drug delivery system" means a system in
1402which the actual control of the unit-dose medication package is
1403maintained by the facility rather than by the individual
1404patient.
1405     (b)  "Dispensing practitioner" means a practitioner
1406registered under s. 465.0276.
1407     (c)  "Donor" means a patient or patient representative who
1408donates prescription cancer drugs or supplies needed to
1409administer prescription cancer drugs that have been maintained
1410within a closed drug delivery system; health care facilities,
1411nursing homes, hospices, or hospitals with closed drug delivery
1412systems; or pharmacies, prescription drug manufacturers, medical
1413device manufacturers or suppliers, or wholesalers of
1414prescription drugs or supplies, in accordance with this section.
1415The term "donor" includes a physician licensed under chapter 458
1416or chapter 459 who receives prescription cancer drugs or
1417supplies directly from a drug manufacturer, wholesale
1418distributor, or pharmacy.
1419     (d)  "Eligible patient" means a person who the department
1420determines is eligible to receive prescription cancer drugs from
1421the program.
1422     (e)  "Participant facility" means a class II hospital
1423pharmacy or dispensing practitioner that has elected to
1424participate in the program and that accepts donated prescription
1425cancer drugs and supplies under the rules adopted by the
1426department for the program.
1427     (f)  "Prescribing practitioner" means a physician licensed
1428under chapter 458 or chapter 459 or any other medical
1429professional with authority under state law to prescribe drugs
1430cancer medication.
1431     (g)  "Prescription drug" does not include a substance
1432listed in Schedule II, Schedule III, Schedule IV, or Schedule V
1433of s. 893.03.
1434     (h)(g)  "Program" means the Prescription Cancer Drug
1435Donation Program created by this section.
1436     (i)(h)  "Supplies" means any supplies used in the
1437administration of a prescription cancer drug.
1438     (4)  Any donor may donate prescription cancer drugs or
1439supplies to a participant facility that elects to participate in
1440the program and meets criteria established by the department for
1441such participation. Prescription Cancer drugs or supplies may
1442not be donated to a specific cancer patient, and donated
1443prescription drugs or supplies may not be resold by the
1444participant program. Prescription Cancer drugs billed to and
1445paid for by Medicaid in long-term care facilities that are
1446eligible for return to stock under federal Medicaid regulations
1447shall be credited to Medicaid and are not eligible for donation
1448under the program. A participant facility may provide dispensing
1449and counseling consulting services to individuals who are not
1450patients of the participant hospital.
1451     (5)  The prescription cancer drugs or supplies donated to
1452the program may be prescribed only by a prescribing practitioner
1453for use by an eligible patient and may be dispensed only by a
1454pharmacist or a dispensing practitioner.
1455     (6)(a)  A prescription cancer drug may only be accepted or
1456dispensed under the program if the drug is in its original,
1457unopened, sealed container, or in a tamper-evident unit-dose
1458packaging, except that a prescription cancer drug packaged in
1459single-unit doses may be accepted and dispensed if the outside
1460packaging is opened but the single-unit-dose packaging is
1461unopened with tamper-resistant packaging intact.
1462     (b)  A prescription cancer drug may not be accepted or
1463dispensed under the program if the drug bears an expiration date
1464that is less than 6 months after the date the drug was donated
1465or if the drug appears to have been tampered with or mislabeled
1466as determined in paragraph (c).
1467     (c)  Before Prior to being dispensed to an eligible
1468patient, the prescription cancer drug or supplies donated under
1469the program shall be inspected by a pharmacist or dispensing
1470practitioner to determine that the drug and supplies do not
1471appear to have been tampered with or mislabeled.
1472     (d)  A dispenser of donated prescription cancer drugs or
1473supplies may not submit a claim or otherwise seek reimbursement
1474from any public or private third-party payor for donated
1475prescription cancer drugs or supplies dispensed to any patient
1476under the program, and a public or private third-party payor is
1477not required to provide reimbursement to a dispenser for donated
1478prescription cancer drugs or supplies dispensed to any patient
1479under the program.
1480     (7)(a)  A donation of prescription cancer drugs or supplies
1481shall be made only at a participant's participant facility. A
1482participant facility may decline to accept a donation. A
1483participant facility that accepts donated prescription cancer
1484drugs or supplies under the program shall comply with all
1485applicable provisions of state and federal law relating to the
1486storage and dispensing of the donated prescription cancer drugs
1487or supplies.
1488     (b)  A participant facility that voluntarily takes part in
1489the program may charge a handling fee sufficient to cover the
1490cost of preparation and dispensing of prescription cancer drugs
1491or supplies under the program. The fee shall be established in
1492rules adopted by the department.
1493     (8)  The department, upon the recommendation of the Board
1494of Pharmacy, shall adopt rules to carry out the provisions of
1495this section. Initial rules under this section shall be adopted
1496no later than 90 days after the effective date of this act. The
1497rules shall include, but not be limited to:
1498     (a)  Eligibility criteria, including a method to determine
1499priority of eligible patients under the program.
1500     (b)  Standards and procedures for participants participant
1501facilities that accept, store, distribute, or dispense donated
1502prescription cancer drugs or supplies.
1503     (c)  Necessary forms for administration of the program,
1504including, but not limited to, forms for use by entities that
1505donate, accept, distribute, or dispense prescription cancer
1506drugs or supplies under the program.
1507     (d)  The maximum handling fee that may be charged by a
1508participant facility that accepts and distributes or dispenses
1509donated prescription cancer drugs or supplies.
1510     (e)  Categories of prescription cancer drugs and supplies
1511that the program will accept for dispensing; however, the
1512department may exclude any drug based on its therapeutic
1513effectiveness or high potential for abuse or diversion.
1514     (f)  Maintenance and distribution of the participant
1515facility registry established in subsection (10).
1516     (9)  A person who is eligible to receive prescription
1517cancer drugs or supplies under the state Medicaid program or
1518under any other prescription drug program funded in whole or in
1519part by the state, by any other prescription drug program funded
1520in whole or in part by the Federal Government, or by any other
1521prescription drug program offered by a third-party insurer,
1522unless benefits have been exhausted, or a certain prescription
1523cancer drug or supply is not covered by the prescription drug
1524program, is ineligible to participate in the program created
1525under this section.
1526     (10)  The department shall establish and maintain a
1527participant facility registry for the program. The participant
1528facility registry shall include the participant's participant
1529facility's name, address, and telephone number. The department
1530shall make the participant facility registry available on the
1531department's website to any donor wishing to donate prescription
1532cancer drugs or supplies to the program. The department's
1533website shall also contain links to prescription cancer drug
1534manufacturers that offer drug assistance programs or free
1535medication.
1536     (11)  Any donor of prescription cancer drugs or supplies,
1537or any participant in the program, who exercises reasonable care
1538in donating, accepting, distributing, or dispensing prescription
1539cancer drugs or supplies under the program and the rules adopted
1540under this section shall be immune from civil or criminal
1541liability and from professional disciplinary action of any kind
1542for any injury, death, or loss to person or property relating to
1543such activities.
1544     (12)  A pharmaceutical manufacturer is not liable for any
1545claim or injury arising from the transfer of any prescription
1546cancer drug under this section, including, but not limited to,
1547liability for failure to transfer or communicate product or
1548consumer information regarding the transferred drug, as well as
1549the expiration date of the transferred drug.
1550     (13)  If any conflict exists between the provisions in this
1551section and the provisions in this chapter or chapter 465, the
1552provisions in this section shall control the operation of the
1553Cancer Drug Donation program.
1554     Section 19.  Subsections (4) and (5) of section 509.013,
1555Florida Statutes, are amended to read:
1556     509.013  Definitions.-As used in this chapter, the term:
1557     (4)(a)  "Public lodging establishment" includes a transient
1558public lodging establishment as defined in subparagraph 1. and a
1559nontransient public lodging establishment as defined in
1560subparagraph 2.
1561     1.  "Transient public lodging establishment" means any
1562unit, group of units, dwelling, building, or group of buildings
1563within a single complex of buildings which is rented to guests
1564more than three times in a calendar year for periods of less
1565than 30 days or 1 calendar month, whichever is less, or which is
1566advertised or held out to the public as a place regularly rented
1567to guests.
1568     2.  "Nontransient public lodging establishment" means any
1569unit, group of units, dwelling, building, or group of buildings
1570within a single complex of buildings which is rented to guests
1571for periods of at least 30 days or 1 calendar month, whichever
1572is less, or which is advertised or held out to the public as a
1573place regularly rented to guests for periods of at least 30 days
1574or 1 calendar month.
1575
1576License classifications of public lodging establishments, and
1577the definitions therefor, are set out in s. 509.242. For the
1578purpose of licensure, the term does not include condominium
1579common elements as defined in s. 718.103.
1580     (b)  The following are excluded from the definitions in
1581paragraph (a):
1582     1.  Any dormitory or other living or sleeping facility
1583maintained by a public or private school, college, or university
1584for the use of students, faculty, or visitors;
1585     2.  Any facility certified or licensed and regulated by the
1586Agency for Health Care Administration or the Department of
1587Children and Family Services hospital, nursing home, sanitarium,
1588assisted living facility, or other similar place regulated under
1589s. 381.0072;
1590     3.  Any place renting four rental units or less, unless the
1591rental units are advertised or held out to the public to be
1592places that are regularly rented to transients;
1593     4.  Any unit or group of units in a condominium,
1594cooperative, or timeshare plan and any individually or
1595collectively owned one-family, two-family, three-family, or
1596four-family dwelling house or dwelling unit that is rented for
1597periods of at least 30 days or 1 calendar month, whichever is
1598less, and that is not advertised or held out to the public as a
1599place regularly rented for periods of less than 1 calendar
1600month, provided that no more than four rental units within a
1601single complex of buildings are available for rent;
1602     5.  Any migrant labor camp or residential migrant housing
1603permitted by the Department of Health; under ss. 381.008-
1604381.00895; and
1605     6.  Any establishment inspected by the Department of Health
1606and regulated by chapter 513.
1607     (5)(a)  "Public food service establishment" means any
1608building, vehicle, place, or structure, or any room or division
1609in a building, vehicle, place, or structure where food is
1610prepared, served, or sold for immediate consumption on or in the
1611vicinity of the premises; called for or taken out by customers;
1612or prepared prior to being delivered to another location for
1613consumption.
1614     (b)  The following are excluded from the definition in
1615paragraph (a):
1616     1.  Any place maintained and operated by a public or
1617private school, college, or university:
1618     a.  For the use of students and faculty; or
1619     b.  Temporarily to serve such events as fairs, carnivals,
1620and athletic contests.
1621     2.  Any eating place maintained and operated by a church or
1622a religious, nonprofit fraternal, or nonprofit civic
1623organization:
1624     a.  For the use of members and associates; or
1625     b.  Temporarily to serve such events as fairs, carnivals,
1626or athletic contests.
1627     3.  Any eating place located on an airplane, train, bus, or
1628watercraft which is a common carrier.
1629     4.  Any eating place maintained by a facility certified or
1630licensed and regulated by the Agency for Health Care
1631Administration or the Department of Children and Family Services
1632hospital, nursing home, sanitarium, assisted living facility,
1633adult day care center, or other similar place that is regulated
1634under s. 381.0072.
1635     5.  Any place of business issued a permit or inspected by
1636the Department of Agriculture and Consumer Services under s.
1637500.12.
1638     6.  Any place of business where the food available for
1639consumption is limited to ice, beverages with or without
1640garnishment, popcorn, or prepackaged items sold without
1641additions or preparation.
1642     7.  Any theater, if the primary use is as a theater and if
1643patron service is limited to food items customarily served to
1644the admittees of theaters.
1645     8.  Any vending machine that dispenses any food or
1646beverages other than potentially hazardous foods, as defined by
1647division rule.
1648     9.  Any vending machine that dispenses potentially
1649hazardous food and which is located in a facility regulated
1650under s. 381.0072.
1651     10.  Any research and development test kitchen limited to
1652the use of employees and which is not open to the general
1653public.
1654     Section 20.  (1)  All of the statutory powers, duties, and
1655functions, records, personnel, property, and unexpended balances
1656of appropriations, allocations, or other funds for the
1657administration of part I of chapter 499, Florida Statutes,
1658relating to drugs, devices, cosmetics, and household products
1659shall be transferred by a type two transfer, as defined in s.
166020.06(2), Florida Statutes, from the Department of Health to the
1661Department of Business and Professional Regulation.
1662     (2)  The transfer of regulatory authority under part I of
1663chapter 499, Florida Statutes, provided by this section shall
1664not affect the validity of any judicial or administrative action
1665pending as of 11:59 p.m. on the day before the effective date of
1666this section to which the Department of Health is at that time a
1667party, and the Department of Business and Professional
1668Regulation shall be substituted as a party in interest in any
1669such action.
1670     (3)  All lawful orders issued by the Department of Health
1671implementing or enforcing or otherwise in regard to any
1672provision of part I of chapter 499, Florida Statutes, issued
1673prior to the effective date of this section shall remain in
1674effect and be enforceable after the effective date of this
1675section unless thereafter modified in accordance with law.
1676     (4)  The rules of the Department of Health relating to the
1677implementation of part I of chapter 499, Florida Statutes, that
1678were in effect at 11:59 p.m. on the day prior to the effective
1679date of this section shall become the rules of the Department of
1680Business and Professional Regulation and shall remain in effect
1681until amended or repealed in the manner provided by law.
1682     (5)  Notwithstanding the transfer of regulatory authority
1683under part I of chapter 499, Florida Statutes, provided by this
1684section, persons and entities holding in good standing any
1685permit under part I of chapter 499, Florida Statutes, as of
168611:59 p.m. on the day prior to the effective date of this
1687section shall, as of the effective date of this section, be
1688deemed to hold in good standing a permit in the same capacity as
1689that for which the permit was formerly issued.
1690     (6)  Notwithstanding the transfer of regulatory authority
1691under part I of chapter 499, Florida Statutes, provided by this
1692section, persons holding in good standing any certification
1693under part I of chapter 499, Florida Statutes, as of 11:59 p.m.
1694on the day prior to the effective date of this section shall, as
1695of the effective date of this section, be deemed to be certified
1696in the same capacity in which they were formerly certified.
1697     (7)  This section shall take effect July 1, 2011.
1698     Section 21.  (1)  All of the statutory powers, duties, and
1699functions, records, personnel, property, and unexpended balances
1700of appropriations, allocations, or other funds for the
1701administration of the boards and professions established within
1702the Division of Medical Quality Assurance as specified in s.
170320.43(3)(g), Florida Statutes, shall be transferred by a type
1704two transfer, as defined in s. 20.06(2), Florida Statutes, from
1705the Department of Health to the Department of Business and
1706Professional Regulation.
1707     (2)  The transfer of regulatory authority of the Division
1708of Medical Quality Assurance provided by this section shall not
1709affect the validity of any judicial or administrative action
1710pending as of 11:59 p.m. on the day before the effective date of
1711this section to which the Department of Health is at that time a
1712party, and the Department of Business and Professional
1713Regulation shall be substituted as a party in interest in any
1714such action.
1715     (3)  All lawful orders issued by the Department of Health
1716implementing or enforcing or otherwise in regard to any function
1717of the Division of Medical Quality Assurance issued prior to the
1718effective date of this section shall remain in effect and be
1719enforceable after the effective date of this section unless
1720thereafter modified in accordance with law.
1721     (4)  The rules of the Department of Health relating to the
1722implementation of statutory directives administered by the
1723Division of Medical Quality Assurance that were in effect at
172411:59 p.m. on the day prior to the effective date of this
1725section shall become the rules of the Department of Business and
1726Professional Regulation and shall remain in effect until amended
1727or repealed in the manner provided by law.
1728     (5)  Notwithstanding the transfer of regulatory authority
1729of the Division of Medical Quality Assurance provided by this
1730section, persons and entities holding in good standing any
1731license or permit issued by the Division of Medical Quality
1732Assurance as of 11:59 p.m. on the day prior to the effective
1733date of this section shall, as of the effective date of this
1734section, be deemed to hold in good standing a permit in the same
1735capacity as that for which the permit was formerly issued.
1736     (6)  Notwithstanding the transfer of regulatory authority
1737of the Division of Medical Quality Assurance provided by this
1738section, persons holding in good standing any certification
1739issued by the Division of Medical Quality Assurance as of 11:59
1740p.m. on the day prior to the effective date of this section
1741shall, as of the effective date of this section, be deemed to be
1742certified in the same capacity in which they were formerly
1743certified.
1744     (7)  This section shall take effect July 1, 2011.
1745     Section 22.  Except as otherwise expressly provided in this
1746act, this act shall take effect July 1, 2010.


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