June 03, 2020
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HB 5309

A bill to be entitled
2An act relating to the Comprehensive Statewide Tobacco
3Education and Use Prevention Program; amending s. 381.84,
4F.S.; providing for the counter-marketing and advertising
5campaign to include innovative communication strategies;
6revising terminology; providing requirements for
7administration and management of the program by the
8Department of Health; specifying purpose of certain funds
9distributed under the program; revising the area health
10education center network program component functions and
11requirements; deleting obsolete language; providing an
12effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Subsection (3), paragraph (a) of subsection
17(4), and subsections (6) and (9) of section 381.84, Florida
18Statutes, are amended to read:
19     381.84  Comprehensive Statewide Tobacco Education and Use
20Prevention Program.-
22shall conduct a comprehensive, statewide tobacco education and
23use prevention program consistent with the recommendations for
24effective program components contained in the 1999 Best
25Practices for Comprehensive Tobacco Control Programs of the CDC,
26as amended by the CDC. The program shall include the following
27components, each of which shall focus on educating people,
28particularly youth and their parents, about the health hazards
29of tobacco and discouraging the use of tobacco:
30     (a)  Counter-marketing and advertising; Internet cyberspace
31resource center.-The counter-marketing and advertising campaign
32shall include, at a minimum, Internet, print, radio, and
33television advertising and shall be funded with a minimum of
34one-third of the total annual appropriation required by s. 27,
35Art. X of the State Constitution.
36     1.  The campaign shall include an Internet A cyberspace
37resource center for copyrighted materials and information
38concerning tobacco education and use prevention, including
39cessation, shall be maintained by the program. The Internet Such
40resource center must be accessible to the public, including
41parents, teachers, and students, at each level of public and
42private schools, universities, and colleges in the state and
43shall provide links to other relevant resources. The Internet
44address for the resource center must be incorporated in all
45advertising. The information maintained in the resource center
46shall be used by the other components of the program.
47     2.  The campaign shall use innovative communication
48strategies, such as targeting specific audiences who use
49personal communication devices and frequent social networking
51     (b)  Cessation programs, counseling, and treatment.-This
52program component shall include two subcomponents:
53     1.  A statewide toll-free cessation service, which may
54include counseling, referrals to other local resources and
55support services, and treatment to the extent funds are
56available for treatment services; and
57     2.  A local community-based program to disseminate
58information about tobacco-use smoking cessation, how tobacco-use
59smoking cessation relates to prenatal care and obesity
60prevention, and other chronic tobacco-related diseases.
61     (c)  Surveillance and evaluation.-The program shall conduct
62ongoing epidemiological surveillance and shall contract for
63annual independent evaluations of the effectiveness of the
64various components of the program in meeting the goals as set
65forth in subsection (2).
66     (d)  Youth school programs.-School and after-school
67programs shall use current evidence-based curricula and programs
68that involve youth to educate youth about the health hazards of
69tobacco, help youth develop skills to refuse tobacco, and
70demonstrate to youth how to stop using tobacco.
71     (e)  Community programs and chronic disease prevention.-The
72department shall promote and support local community-based
73partnerships that emphasize programs involving youth, including
74programs for the prevention, detection, and early intervention
75of tobacco-related smoking-related chronic diseases.
76     (f)  Training.-The program shall include the training of
77health care practitioners, tobacco-use cessation smoking-
78cessation counselors, and teachers by health professional
79students and other tobacco-use prevention specialists who are
80trained in preventing tobacco use and health education. Tobacco-
81use cessation Smoking-cessation counselors shall be trained by
82specialists who are certified in tobacco-use cessation.
83     (g)  Administration and management, statewide programs, and
84county health departments.-The department shall administer the
85program within the expenditure limit established in subsection
86(8). Each county health department is eligible to receive a
87portion of the annual appropriation, on a per capita basis, for
88coordinating tobacco education and use prevention programs
89within that county. Appropriated funds may be used to improve
90the infrastructure of the county health department to implement
91the comprehensive, statewide tobacco education and use
92prevention program. Each county health department shall
93prominently display in all treatment rooms and waiting rooms,
94counter-marketing and advertisement materials in the form of
95wall posters, brochures, television advertising if televisions
96are used in the lobby or waiting room, and screensavers and
97Internet advertising if computer kiosks are available for use or
98viewing by people at the county health department.
99     (h)  Enforcement and awareness of related laws.-In
100coordination with the Department of Business and Professional
101Regulation, the program shall monitor the enforcement of laws,
102rules, and policies prohibiting the sale or other provision of
103tobacco to minors, as well as the continued enforcement of the
104Clean Indoor Air Act prescribed in chapter 386. The
105advertisements produced in accordance with paragraph (a) may
106also include information designed to make the public aware of
107these related laws and rules. The departments may enter into
108interagency agreements to carry out this program component.
109     (i)  AHEC tobacco-use cessation smoking-cessation
110initiative.-For the 2009-2010 fiscal year, The AHEC network may
111administer shall expand the AHEC tobacco-use cessation smoking-
112cessation initiative in to each county within the state and
113perform other activities as determined by the department.
115MEETINGS.-The Tobacco Education and Use Prevention Advisory
116Council is created within the department.
117     (a)  The council shall consist of 23 members, including:
118     1.  The State Surgeon General, who shall serve as the
120     2.  One county health department director, appointed by the
121State Surgeon General.
122     3.  Two members appointed by the Commissioner of Education,
123of whom one must be a school district superintendent.
124     4.  The chief executive officer of the Florida Division of
125the American Cancer Society, or his or her designee.
126     5.  The chief executive officer of the Greater Southeast
127Affiliate of the American Heart Association, or his or her
129     6.  The chief executive officer of the American Lung
130Association of Florida, or his or her designee.
131     7.  The dean of the University of Miami School of Medicine,
132or his or her designee.
133     8.  The dean of the University of Florida College of
134Medicine, or his or her designee.
135     9.  The dean of the University of South Florida College of
136Medicine, or his or her designee.
137     10.  The dean of the Florida State University College of
138Medicine, or his or her designee.
139     11.  The dean of Nova Southeastern College of Osteopathic
140Medicine, or his or her designee.
141     12.  The dean of the Lake Erie College of Osteopathic
142Medicine in Bradenton, Florida, or his or her designee.
143     13.  The chief executive officer of the Campaign for
144Tobacco Free Kids, or his or her designee.
145     14.  The chief executive officer of the Legacy Foundation,
146or his or her designee.
147     15.  Four members appointed by the Governor, of whom two
148must have expertise in the field of tobacco-use prevention and
149education or tobacco-use smoking cessation and one individual
150who shall be between the ages of 16 and 21 at the time of his or
151her appointment.
152     16.  Two members appointed by the President of the Senate,
153of whom one must have expertise in the field of tobacco-use
154prevention and education or tobacco-use smoking cessation.
155     17.  Two members appointed by the Speaker of the House of
156Representatives, of whom one must have expertise in the field of
157tobacco-use prevention and education or tobacco-use smoking
159     (6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
160program components or subcomponents described in paragraphs
161(3)(a)-(f) shall be awarded by the State Surgeon General, after
162consultation with the council, on the basis of merit, as
163determined by an open, competitive, peer-reviewed process that
164ensures objectivity, consistency, and high quality. The
165department shall award such grants or contracts no later than
166October 1 for each fiscal year. A recipient of a contract or
167grant for the program component described in paragraph (3)(c) is
168not eligible for a contract or grant award for any other program
169component described in subsection (3) in the same state fiscal
170year. A school or college of medicine that is represented on the
171council is not eligible to receive a contract or grant under
172this section. For the 2009-2010 fiscal year only, The department
173shall award a contract or grant in the amount of $10 million to
174the AHEC network for the purpose of developing the components
175described in paragraph (3)(i). The AHEC network may apply for a
176competitive contracts or grants contract or grant after the
1772009-2010 fiscal year.
178     (a)  In order to ensure that all proposals for funding are
179appropriate and are evaluated fairly on the basis of merit, the
180State Surgeon General, in consultation with the council, shall
181appoint a peer review panel of independent, qualified experts in
182the field of tobacco control to review the content of each
183proposal and establish its priority score. The priority scores
184shall be forwarded to the council and must be considered in
185determining which proposals will be recommended for funding.
186     (b)  The council and the peer review panel shall establish
187and follow rigorous guidelines for ethical conduct and adhere to
188a strict policy with regard to conflicts of interest. A member
189of the council or panel may not participate in any discussion or
190decision with respect to a research proposal by any firm,
191entity, or agency with which the member is associated as a
192member of the governing body or as an employee or with which the
193member has entered into a contractual arrangement. Meetings of
194the council and the peer review panels are subject to chapter
195119, s. 286.011, and s. 24, Art. I of the State Constitution.
196     (c)  In each contract or grant agreement, the department
197shall limit the use of food and promotional items to no more
198than 2.5 percent of the total amount of the contract or grant
199and limit overhead or indirect costs to no more than 7.5 percent
200of the total amount of the contract or grant. The department, in
201consultation with the Department of Financial Services, shall
202publish guidelines for appropriate food and promotional items.
203     (d)  In each advertising contract, the department shall
204limit the total of production fees, buyer commissions, and
205related costs to no more than 10 percent of the total contract
207     (e)  Notwithstanding the competitive process for contracts
208prescribed in this subsection, each county health department is
209eligible for core funding, on a per capita basis, to implement
210tobacco education and use prevention activities within that
213funds appropriated for the Comprehensive Statewide Tobacco
214Education and Use Prevention Program in the General
215Appropriations Act, an amount of up to 5 percent may be used by
216the department for administrative expenses.
217     (9)  RULEMAKING AUTHORIZED.-By January 1, 2008, The
218department shall adopt rules pursuant to ss. 120.536(1) and
219120.54 to administer this section.
220     Section 2.  This act shall take effect July 1, 2010.

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