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       Florida Senate - 2010                                    SB 2744
       By Senator Dean
       3-00792-10                                            20102744__
    1                        A bill to be entitled                      
    2         An act relating to tobacco use prevention; amending s.
    3         381.84, F.S., relating to the Comprehensive Statewide
    4         Tobacco Education and Use Prevention Program; revising
    5         program components; requiring program components to
    6         include efforts to educate youth and their parents
    7         about tobacco use; requiring a youth-directed focus in
    8         each program component; requiring that the State
    9         Surgeon General, or his or her designee, serve on the
   10         Tobacco Education and Use Prevention Advisory Council;
   11         requiring the advisory council to adhere to state
   12         ethics laws; providing that meetings of the council
   13         are subject to public-records and public-meetings
   14         requirements; revising the duties of the council;
   15         authorizing the Department of Health to contract with
   16         the appropriate entity to administer the peer review
   17         system and grant management; providing requirements
   18         for the peer review system; deleting a provision that
   19         prohibits a member of the council from participating
   20         in a discussion or decision with respect to a research
   21         proposal by a firm, entity, or agency that employs or
   22         has entered into a contract with the member or that is
   23         governed by a board on which the member serves;
   24         providing that grants awarded are funds intended to
   25         benefit the state and are not purchases of commodities
   26         or services; providing that the grant award process is
   27         not subject to protest; providing that the
   28         department’s distribution of grant awards is not
   29         subject to ch. 120, F.S.; authorizing the department
   30         to make advances for program startup or contracted
   31         services to other governmental entities and not-for
   32         profit corporations; providing a limitation on the
   33         amount of the advances; authorizing an agreement for
   34         advances to contain a clause that permits the
   35         contractor or recipient to temporarily invest the
   36         proceeds under certain conditions; deleting an expired
   37         provision relating to the department’s rulemaking
   38         authority; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Section 381.84, Florida Statutes, is amended to
   43  read:
   44         381.84 Comprehensive Statewide Tobacco Education and Use
   45  Prevention Program.—
   46         (1) DEFINITIONS.—As used in this section and for purposes
   47  of the provisions of s. 27, Art. X of the State Constitution,
   48  the term:
   49         (a) “AHEC network” means an area health education center
   50  network established under s. 381.0402.
   51         (b) “CDC” means the United States Centers for Disease
   52  Control and Prevention.
   53         (c) “Council” means the Tobacco Education and Use
   54  Prevention Advisory Council.
   55         (d) “Department” means the Department of Health.
   56         (e) “Tobacco” means, without limitation, tobacco itself and
   57  tobacco products that include tobacco and are intended or
   58  expected for human use or consumption, including, but not
   59  limited to, cigarettes, cigars, pipe tobacco, and smokeless
   60  tobacco.
   61         (f) “Youth” means minors and young adults.
   62         (2) PURPOSE, FINDINGS, AND INTENT.—It is The purpose of
   63  this section is to implement s. 27, Art. X of the State
   64  Constitution. The Legislature finds that s. 27, Art. X of the
   65  State Constitution requires the funding of a statewide tobacco
   66  education and use prevention program that focuses on tobacco use
   67  by youth. The Legislature further finds that the primary goals
   68  of the program are to reduce the prevalence of tobacco use among
   69  youth, adults, and pregnant women; reduce per capita tobacco
   70  consumption; and reduce exposure to environmental tobacco smoke.
   71  Further, it is the intent of the Legislature to base increases
   72  in funding for individual components of the program on the
   73  results of assessments and evaluations. Recognizing that some
   74  components will need to grow faster than inflation, it is the
   75  intent of the Legislature to fund portions of the program on a
   76  nonrecurring basis in the early years so that those components
   77  that are most effective can be supported as the program matures.
   78         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   79  shall conduct a comprehensive, statewide tobacco education and
   80  use prevention program consistent with the recommendations for
   81  effective program components contained in the 1999 Best
   82  Practices for Comprehensive Tobacco Control Programs of the CDC,
   83  as amended by the CDC. The program shall include the following
   84  components, each of which shall focus on educating people,
   85  particularly youth and their parents, about the health hazards
   86  of tobacco and discouraging the use of tobacco:
   87         (a) State and community interventions.—These interventions
   88  include, but not be limited to, a statewide tobacco control
   89  program that combines and coordinates community-based
   90  interventions that focus on preventing initiation of tobacco use
   91  among youth and young adults; promoting quitting among adults,
   92  youth, and pregnant women; eliminating exposure to secondhand
   93  smoke; identifying and eliminating tobacco-related disparities
   94  among population groups; and promoting a range of collaborations
   95  to prevent and alleviate the effects of chronic diseases.
   96  Counter-marketing and advertising; cyberspace resource center.
   97  The counter-marketing and advertising campaign shall include, at
   98  a minimum, Internet, print, radio, and television advertising
   99  and shall be funded with a minimum of one-third of the total
  100  annual appropriation required by s. 27, Art. X of the State
  101  Constitution. A cyberspace resource center for copyrighted
  102  materials and information concerning tobacco education and use
  103  prevention, including cessation, shall be maintained by the
  104  program. Such resource center must be accessible to the public,
  105  including parents, teachers, and students, at each level of
  106  public and private schools, universities, and colleges in the
  107  state and shall provide links to other relevant resources. The
  108  Internet address for the resource center must be incorporated in
  109  all advertising. The information maintained in the resource
  110  center shall be used by the other components of the program.
  111         (b) Health communication interventions.—Effective media and
  112  health communication intervention efforts include, but are not
  113  limited to, audience research to define themes and execute
  114  messages for influential, high impact, and specifically targeted
  115  campaigns; market research to identify the target market and the
  116  behavioral theory motivating change; counter-marketing
  117  surveillance; community tie-ins to support and reinforce the
  118  statewide campaign; technologies such as viral marketing, social
  119  networks, personal web pages, and web logs; traditional media;
  120  process and outcome evaluation of the communication efforts; and
  121  promotion of available services, including the state telephone
  122  cessation QuitLine. Cessation programs, counseling, and
  123  treatment.—This program component shall include two
  124  subcomponents:
  125         1.A statewide toll-free cessation service, which may
  126  include counseling, referrals to other local resources and
  127  support services, and treatment to the extent funds are
  128  available for treatment services; and
  129         2.A local community-based program to disseminate
  130  information about smoking cessation, how smoking cessation
  131  relates to prenatal care and obesity prevention, and other
  132  chronic tobacco-related diseases.
  133         (c) Cessation interventions.—Cessation interventions
  134  include, but are not limited to, sustaining, expanding, and
  135  promoting the service through population-based counseling and
  136  treatment programs; encouraging public and private insurance
  137  coverage for counseling and medication treatments approved by
  138  the federal Food and Drug Administration for tobacco-use
  139  cessation; eliminating cost and other barriers to treatment for
  140  underserved populations; and making health care system changes.
  141  Youth interventions to prevent tobacco-use initiation and
  142  encourage cessation among young people are needed in order to
  143  reshape the environment so that it supports tobacco-free norms.
  144  Because most people who start smoking are younger than 18 years
  145  of age, intervention during adolescence is critical. Community
  146  programs and school-based policies and interventions should be a
  147  part of a comprehensive effort that is implemented in
  148  coordination with community and school environments and in
  149  conjunction with increasing the unit price of tobacco products,
  150  sustaining anti-tobacco media campaigns, making environments
  151  tobacco free, and engaging in other efforts to create tobacco
  152  free social norms. Surveillance and evaluation.—The program
  153  shall conduct ongoing epidemiological surveillance and shall
  154  contract for annual independent evaluations of the effectiveness
  155  of the various components of the program in meeting the goals as
  156  set forth in subsection (2).
  157         (d) Surveillance and evaluation.The surveillance and
  158  evaluation of all program components shall monitor and document
  159  short-term, intermediate, and long-term intervention outcomes to
  160  inform program and policy direction and ensure accountability.
  161  The surveillance and evaluation must be conducted objectively
  162  through scientifically sound methodology. Youth school
  163  programs.—School and after-school programs shall use current
  164  evidence-based curricula and programs that involve youth to
  165  educate youth about the health hazards of tobacco, help youth
  166  develop skills to refuse tobacco, and demonstrate to youth how
  167  to stop using tobacco.
  168         (e) Administration and management.—Administration and
  169  management activities include, but are not limited to, strategic
  170  planning to guide program efforts and resources in order to
  171  accomplish goals; recruiting and developing qualified and
  172  diverse technical, program, and administrative staff; awarding
  173  and monitoring program contracts and grants to coordinate
  174  implementation across program areas; developing and maintaining
  175  a fiscal-management system to track allocations and the
  176  expenditure of funds; increasing capacity at the community level
  177  through ongoing training and technical assistance; creating
  178  effective communications internally among chronic-disease
  179  prevention programs and local coalitions and partners; and
  180  educating members of the public and decisionmakers on the health
  181  effects of tobacco and evidence-based, effective program and
  182  policy interventions. Community programs and chronic disease
  183  prevention.—The department shall promote and support local
  184  community-based partnerships that emphasize programs involving
  185  youth, including programs for the prevention, detection, and
  186  early intervention of smoking-related chronic diseases.
  187         (f) Training.—The program shall include the training of
  188  health care practitioners, smoking-cessation counselors, and
  189  teachers by health professional students and other tobacco-use
  190  prevention specialists who are trained in health education and
  191  preventing tobacco use and health education. Smoking-cessation
  192  counselors shall be trained by specialists who are certified in
  193  tobacco-use cessation.
  194         (g) Administration, statewide programs, and County health
  195  departments.—Each county health department is eligible to
  196  receive a portion of the annual appropriation, on a per capita
  197  basis, for coordinating tobacco education and use prevention
  198  programs within that county. Appropriated funds may be used to
  199  improve the infrastructure of the county health department to
  200  implement the comprehensive, statewide tobacco education and use
  201  prevention program. Each county health department shall
  202  prominently display in all treatment rooms and waiting rooms,
  203  counter-marketing and advertisement materials in the form of
  204  wall posters, brochures, television advertising if televisions
  205  are used in the lobby or waiting room, and screensavers and
  206  Internet advertising if computer kiosks are available for use or
  207  viewing by people at the county health department.
  208         (h) Enforcement and awareness of related laws.—In
  209  coordination with the Department of Business and Professional
  210  Regulation, the program shall monitor the enforcement of laws,
  211  rules, and policies prohibiting the sale or other provision of
  212  tobacco to minors, as well as the continued enforcement of the
  213  Clean Indoor Air Act prescribed in chapter 386. The
  214  advertisements produced in accordance with paragraph (b) (a) may
  215  also include information designed to make the public aware of
  216  these related laws and rules. The departments may enter into
  217  interagency agreements to carry out this program component.
  218         (i) AHEC smoking-cessation initiative.—For the 2009-2010
  219  fiscal year, the AHEC network shall expand the AHEC smoking
  220  cessation initiative to each county within the state and perform
  221  other activities as determined by the department.
  223  The Tobacco Education and Use Prevention Advisory Council is
  224  created within the department.
  225         (a) The council shall consist of 23 members, including:
  226         1. The State Surgeon General, or his or her designee, who
  227  must be a deputy secretary or the director of the Division of
  228  Health Access and Tobacco, who shall serve as the chairperson.
  229         2. One county health department director, appointed by the
  230  State Surgeon General.
  231         3. Two members appointed by the Commissioner of Education,
  232  of whom one must be a school district superintendent.
  233         4. The chief executive officer of the Florida Division of
  234  the American Cancer Society, or his or her designee.
  235         5. The chief executive officer of the Greater Southeast
  236  Affiliate of the American Heart Association, or his or her
  237  designee.
  238         6. The chief executive officer of the American Lung
  239  Association of Florida, or his or her designee.
  240         7. The dean of the University of Miami School of Medicine,
  241  or his or her designee.
  242         8. The dean of the University of Florida College of
  243  Medicine, or his or her designee.
  244         9. The dean of the University of South Florida College of
  245  Medicine, or his or her designee.
  246         10. The dean of the Florida State University College of
  247  Medicine, or his or her designee.
  248         11. The dean of Nova Southeastern College of Osteopathic
  249  Medicine, or his or her designee.
  250         12. The dean of the Lake Erie College of Osteopathic
  251  Medicine in Bradenton, Florida, or his or her designee.
  252         13. The chief executive officer of the Campaign for Tobacco
  253  Free Kids, or his or her designee.
  254         14. The chief executive officer of the Legacy Foundation,
  255  or his or her designee.
  256         15. Four members appointed by the Governor, of whom two
  257  must have expertise in the field of tobacco-use prevention and
  258  education or smoking cessation and one individual who shall be
  259  between the ages of 16 and 21 at the time of his or her
  260  appointment.
  261         16. Two members appointed by the President of the Senate,
  262  of whom one must have expertise in the field of tobacco-use
  263  prevention and education or smoking cessation.
  264         17. Two members appointed by the Speaker of the House of
  265  Representatives, of whom one must have expertise in the field of
  266  tobacco-use prevention and education or smoking cessation.
  267         (b) The appointments shall be for 3-year terms and shall
  268  reflect the diversity of the state’s population. A vacancy shall
  269  be filled by appointment by the original appointing authority
  270  for the unexpired portion of the term.
  271         (c) An appointed member may not serve more than two
  272  consecutive terms.
  273         (d) The council shall meet at least quarterly and upon the
  274  call of the chairperson. Meetings may be held via teleconference
  275  or other electronic means.
  276         (e) Members of the council shall serve without
  277  compensation, but are entitled to reimbursement for per diem and
  278  travel expenses pursuant to s. 112.061. Members who are state
  279  officers or employees or who are appointed by state officers or
  280  employees shall be reimbursed for per diem and travel expenses
  281  pursuant to s. 112.061 from the state agency through which they
  282  serve.
  283         (f) The council shall adhere to all state ethics laws.
  284  Meetings of the council are subject to chapter 119, s. 286.011,
  285  and s. 24, Art. I of the State Constitution. The department
  286  shall provide council members with information and other
  287  assistance as is reasonably necessary to assist the council in
  288  carrying out its responsibilities.
  289         (5) COUNCIL DUTIES AND RESPONSIBILITIES.—The council shall
  290  advise the State Surgeon General as to the direction and scope
  291  of the Comprehensive Statewide Tobacco Education and Use
  292  Prevention Program. The responsibilities of the council may
  293  include, but are not limited to:
  294         (a) Providing advice on program priorities and emphases.
  295         (b) Providing advice on the overall program budget.
  296         (c) Providing advice on copyrighted material, trademark,
  297  and future transactions as they pertain to the tobacco education
  298  and use prevention program.
  299         (d) Reviewing broadcast material, including advertisements,
  300  prepared for broadcast on the Internet, portable media players,
  301  radio, and television, as requested by the department as it
  302  relates to the advertising component of the tobacco education
  303  and use prevention program.
  304         (e) Participating in periodic program evaluation, as
  305  requested by the department.
  306         (f) Assisting in the development of guidelines to ensure
  307  fairness, neutrality, and adherence to the principles of merit
  308  and quality in the conduct of the program.
  309         (g) Assisting the department in developing the development
  310  of administrative procedures relating to solicitation, review,
  311  and award of contracts and grants in order to ensure an
  312  impartial, high-quality peer review system.
  313         (h) Assisting the department in developing panels to review
  314  and evaluate potential fund recipients the development and
  315  supervision of peer review panels.
  316         (i) Assisting the department in reviewing reports of peer
  317  review panels and making recommendations for funding allocations
  318  contracts and grants.
  319         (j)Reviewing the activities and evaluating the performance
  320  of the AHEC network to avoid duplicative efforts using state
  321  funds.
  322         (j)(k) Recommending specific measurable outcomes meaningful
  323  outcome measures through a regular review of evidence-based and
  324  effective tobacco-use prevention and education strategies and
  325  programs of other states and the Federal Government.
  326         (k)(l) Recommending policies to encourage a coordinated
  327  response to tobacco use in this state, focusing specifically on
  328  creating partnerships within and between the public and private
  329  sectors.
  330         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
  331  program components or subcomponents described in paragraphs
  332  (3)(a)-(d) and (f) (3)(a)-(f) shall be awarded by the department
  333  State Surgeon General, after consultation with the council, on
  334  the basis of merit, as determined by an open, competitive, peer
  335  reviewed process that ensures objectivity, consistency, and high
  336  quality. The department shall award such grants or contracts no
  337  later than October 1 for each fiscal year. A recipient of a
  338  contract or grant for the program component described in
  339  paragraph (3)(d) (3)(c) is not eligible for a contract or grant
  340  award for any other program component described in subsection
  341  (3) in the same contract term state fiscal year. A school or
  342  college of medicine that is represented on the council is not
  343  eligible to receive a contract or grant under this section. For
  344  the 2009-2010 fiscal year only, The department shall award a
  345  contract or grant in the amount of $11 $10 million to the AHEC
  346  network for the purpose of developing the components described
  347  in paragraph (3)(i). The department shall use the process
  348  outlined in chapter 287 if it competitively procures vendors.
  349  The department shall use the process outline in this section if
  350  it competitively selects grantees. The AHEC network may apply
  351  for a competitive contract or grant after the 2009-2010 fiscal
  352  year.
  353         (a) In order to ensure that all proposals for funding are
  354  appropriate and are evaluated fairly on the basis of merit, the
  355  department State Surgeon General, in consultation with the
  356  council, shall use appoint a peer review system involving panels
  357  panel of independent, qualified experts in the field of tobacco
  358  control to review the content of each proposal and establish its
  359  priority score. The priority scores shall be forwarded to the
  360  council and must be considered in determining which proposals
  361  will be recommended for funding.
  362         (b) As it deems appropriate, the department may contract
  363  through the processes outlined in chapter 287 with an
  364  appropriate entity to administer the peer review system and
  365  grant management. The peer review system shall be operated so
  366  that it ensures that only the most highly qualified experts in
  367  the field of tobacco control review grant proposals. To ensure
  368  fairness and impartiality, the system must be designed to
  369  protect the anonymity of proposers during the review process and
  370  to protect at all times the identity of members of peer review
  371  panels.
  372         (c)(b) The council and the peer review panels panel shall
  373  establish and follow rigorous guidelines for ethical conduct and
  374  adhere to a strict policy with regard to conflicts of interest.
  375  Council members are subject to the applicable provisions of
  376  chapter 112. A member of the council or panel may not
  377  participate in any discussion or decision with respect to a
  378  research proposal by any firm, entity, or agency with which the
  379  member is associated as a member of the governing body or as an
  380  employee or with which the member has entered into a contractual
  381  arrangement. Meetings of the council and the peer review panels
  382  are subject to chapter 119, s. 286.011, and s. 24, Art. I of the
  383  State Constitution.
  384         (d) Grants awarded under this section are funds intended to
  385  benefit the people of this state and are not purchases of
  386  commodities or services as contemplated by chapter 287.
  387  Accordingly, the grant award process is not subject to protest
  388  under s. 120.57(3).
  389         (e) Distribution of grant awards in a timely and efficient
  390  manner is essential to the success of the program.
  391  Administrative litigation would interfere with the department’s
  392  obligation to act in a timely and efficient manner. Accordingly,
  393  the department’s distribution of grant awards is not subject to
  394  chapter 120.
  395         (f)(c) In each contract or grant agreement, the department
  396  shall limit the use of food and promotional items to no more
  397  than 2.5 percent of the total amount of the contract or grant
  398  and limit overhead or indirect costs to no more than 7.5 percent
  399  of the total amount of the contract or grant. The department, in
  400  consultation with the Department of Financial Services, shall
  401  publish guidelines for appropriate food and promotional items.
  402         (g)(d) In each advertising contract, the department shall
  403  limit the total of production fees, buyer commissions, and
  404  related costs to no more than 10 percent of the total contract
  405  amount.
  406         (h)(e) Notwithstanding the competitive process for
  407  contracts prescribed in this subsection, each county health
  408  department is eligible for core funding, on a per capita basis,
  409  to implement tobacco education and use prevention activities
  410  within that county.
  411         (7) ANNUAL REPORT REQUIRED.—By January 31 of each year, the
  412  department shall provide to the Governor, the President of the
  413  Senate, and the Speaker of the House of Representatives a report
  414  that evaluates the program’s effectiveness in reducing and
  415  preventing tobacco use and that recommends improvements to
  416  enhance the program’s effectiveness. The report must contain, at
  417  a minimum, an annual survey of youth attitudes and behavior
  418  toward tobacco, as well as a description of the progress in
  419  reducing the prevalence of tobacco use among youth, adults, and
  420  pregnant women; reducing per capita tobacco consumption; and
  421  reducing exposure to environmental tobacco smoke.
  422         (8) LIMITATION ON ADMINISTRATIVE EXPENSES.—From the total
  423  funds appropriated for the Comprehensive Statewide Tobacco
  424  Education and Use Prevention Program in the General
  425  Appropriations Act, an amount of up to 5 percent may be used by
  426  the department for administrative expenses.
  427         (9) ADVANCES RULEMAKING AUTHORIZED.—For any contract or
  428  grant awarded pursuant to this chapter, the department may make
  429  advances for program startup or for contracted services, in
  430  total or periodically, to other governmental entities and not
  431  for-profit corporations. The amount that may be advanced may not
  432  exceed the expected cash needs of the contractor or recipient
  433  within the initial 3 months. Any agreement that provides for
  434  advances may contain a clause that permits the contractor or
  435  recipient to temporarily invest the proceeds if any interest
  436  income is returned to the agency or applied against the agency’s
  437  obligation to pay the contract or grant amount. By January 1,
  438  2008, the department shall adopt rules pursuant to ss.
  439  120.536(1) and 120.54 to administer this section.
  440         Section 2. This act shall take effect July 1, 2010.

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