Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2614
       
       
       
       
       
       
                                Barcode 251224                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Health Regulation (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. Paragraph (e) of subsection (2) of section
    8  154.503, Florida Statutes, is amended to read:
    9         154.503 Primary Care for Children and Families Challenge
   10  Grant Program; creation; administration.
   11         (2) The department shall:
   12         (e) Coordinate with the primary care program developed
   13  pursuant to s. 154.011, the Florida Healthy Kids Corporation
   14  program created in s. 624.91, the school health services program
   15  created in ss. 381.0056 and 381.0057, the Healthy Communities,
   16  Healthy People Program created in s. 381.734, and the volunteer
   17  health care provider program developed pursuant to s. 766.1115.
   18         Section 2. Sections 381.0053, 381.0054, 381.732, 381.733,
   19  and 381.734, Florida Statutes, are repealed.
   20         Section 3. Section 381.84, Florida Statutes, is
   21  transferred, renumbered as section 385.106, Florida Statutes,
   22  and amended to read:
   23         385.106 381.84 Comprehensive Statewide Tobacco Education
   24  and Use Prevention Program.
   25         (1) DEFINITIONS.As used in this section and for purposes of
   26  the provisions of s. 27, Art. X of the State Constitution, the
   27  term:
   28         (a) “AHEC network” means an area health education center
   29  network established under s. 381.0402.
   30         (b)“Best practices” means the Best Practices for
   31  Comprehensive Tobacco Control Programs as established by the
   32  CDC, as amended.
   33         (c)(b) “CDC” means the United States Centers for Disease
   34  Control and Prevention.
   35         (d)(c) “Council” means the Tobacco Education and Use
   36  Prevention Advisory Council.
   37         (d)“Department” means the Department of Health.
   38         (e)“Tobacco” means, without limitation, tobacco itself and
   39  tobacco products that include tobacco and are intended or
   40  expected for human use or consumption, including, but not
   41  limited to, cigarettes, cigars, pipe tobacco, and smokeless
   42  tobacco.
   43         (f)“Youth” means minors and young adults.
   44         (2) PURPOSE, FINDINGS, AND INTENT.—It is the purpose of
   45  this section to implement s. 27, Art. X of the State
   46  Constitution. The Legislature finds that s. 27, Art. X of the
   47  State Constitution requires the funding of a statewide tobacco
   48  education and use prevention program that focuses on tobacco use
   49  by youth. The Legislature further finds that the primary goals
   50  of the program are to reduce the prevalence of tobacco use among
   51  youth, adults, and pregnant women; reduce per capita tobacco
   52  consumption; and reduce exposure to environmental tobacco smoke.
   53  Further, it is the intent of the Legislature to base increases
   54  in funding for individual components of the program on the
   55  results of assessments and evaluations. Recognizing that some
   56  components will need to grow faster than inflation, it is the
   57  intent of the Legislature to fund portions of the program on a
   58  nonrecurring basis in the early years so that those components
   59  that are most effective can be supported as the program matures.
   60         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   61  shall conduct a comprehensive, statewide tobacco education and
   62  use prevention program consistent with the recommendations for
   63  effective program components contained in the 1999 Best
   64  Practices for Comprehensive Tobacco Control Programs of the CDC,
   65  as amended by the CDC. The program shall include the following
   66  components, each of which shall focus on educating people,
   67  particularly youth and their parents, about the health hazards
   68  of tobacco and discouraging the use of tobacco. All program
   69  components shall include efforts to educate youth and their
   70  parents about tobacco use, and a youth-directed focus shall
   71  exist in all components outlined in this subsection.:
   72         (a) State and community interventions.—These interventions
   73  shall include, but not be limited to, a statewide tobacco
   74  control program that combines and coordinates community-based
   75  interventions that focus on preventing initiation of tobacco use
   76  among youth and young adults; promoting quitting among adults,
   77  youth, and pregnant women; eliminating exposure to secondhand
   78  smoke; identifying and eliminating tobacco-related disparities
   79  among population groups; and promoting a range of collaborations
   80  to prevent and alleviate the effects of chronic diseases.
   81  Counter-marketing and advertising; cyberspace resource center.
   82  The counter-marketing and advertising campaign shall include, at
   83  a minimum, Internet, print, radio, and television advertising
   84  and shall be funded with a minimum of one-third of the total
   85  annual appropriation required by s. 27, Art. X of the State
   86  Constitution. A cyberspace resource center for copyrighted
   87  materials and information concerning tobacco education and use
   88  prevention, including cessation, shall be maintained by the
   89  program. Such resource center must be accessible to the public,
   90  including parents, teachers, and students, at each level of
   91  public and private schools, universities, and colleges in the
   92  state and shall provide links to other relevant resources. The
   93  Internet address for the resource center must be incorporated in
   94  all advertising. The information maintained in the resource
   95  center shall be used by the other components of the program.
   96         (b) Health communication interventions.—Effective media and
   97  health communication intervention efforts include, but are not
   98  limited to, audience research to define themes and execute
   99  messages for influential, high impact, and specifically targeted
  100  campaigns; market research to identify the target market and the
  101  behavioral theory motivating change; counter-marketing
  102  surveillance; community tie-ins to support and reinforce the
  103  statewide campaign; technologies such as viral marketing, social
  104  networks, personal web pages, and web logs; traditional media;
  105  process and outcome evaluation of the communication efforts; and
  106  promotion of available services, including the state telephone
  107  cessation quitline. Cessation programs, counseling, and
  108  treatment.—This program component shall include two
  109  subcomponents:
  110         1.A statewide toll-free cessation service, which may
  111  include counseling, referrals to other local resources and
  112  support services, and treatment to the extent funds are
  113  available for treatment services; and
  114         2.A local community-based program to disseminate
  115  information about smoking cessation, how smoking cessation
  116  relates to prenatal care and obesity prevention, and other
  117  chronic tobacco-related diseases.
  118         (c) Cessation interventions.—Cessation interventions
  119  include, but are not limited to, sustaining, expanding, and
  120  promoting the service through population-based counseling and
  121  treatment programs; encouraging public and private insurance
  122  coverage for counseling and FDA-approved medication treatments
  123  for tobacco-use cessation; eliminating cost and other barriers
  124  to treatment for underserved populations; and making health care
  125  system changes. Youth interventions to prevent tobacco-use
  126  initiation and encourage cessation among young people are needed
  127  in order to reshape the environment so that it supports tobacco
  128  free norms. Because most people who start smoking are younger
  129  than 18 years of age, intervening during adolescence is
  130  critical. Community programs and school-based policies and
  131  interventions should be a part of a comprehensive effort that is
  132  implemented in coordination with community and school
  133  environments and in conjunction with increasing the unit price
  134  of tobacco products, sustaining anti-tobacco media campaigns,
  135  making environments tobacco free, and engaging in other efforts
  136  to create tobacco-free social norms. Surveillance and
  137  evaluation.—The program shall conduct ongoing epidemiological
  138  surveillance and shall contract for annual independent
  139  evaluations of the effectiveness of the various components of
  140  the program in meeting the goals as set forth in subsection (2).
  141         (d) Surveillance and evaluation.—The surveillance and
  142  evaluation of all program components shall monitor and document
  143  short-term, intermediate, and long-term intervention outcomes to
  144  inform program and policy direction and ensure accountability.
  145  The surveillance and evaluation must be conducted objectively
  146  through scientifically sound methodology. Youth school
  147  programs.—School and after-school programs shall use current
  148  evidence-based curricula and programs that involve youth to
  149  educate youth about the health hazards of tobacco, help youth
  150  develop skills to refuse tobacco, and demonstrate to youth how
  151  to stop using tobacco.
  152         (e) Administration and management.—Administration and
  153  management activities include, but are not limited to, strategic
  154  planning to guide program efforts and resources in order to
  155  accomplish goals; recruiting and developing qualified and
  156  diverse technical, program, and administrative staff; awarding
  157  and monitoring program contracts and grants to coordinate
  158  implementation across program areas; developing and maintaining
  159  a fiscal-management system to track allocations and the
  160  expenditure of funds; increasing capacity at the community level
  161  through ongoing training and technical assistance; creating
  162  effective communications internally among chronic disease
  163  prevention programs and local coalitions and partners; and
  164  educating the public and decisionmakers on the health effects of
  165  tobacco and evidence-based effective program and policy
  166  interventions. Community programs and chronic disease
  167  prevention.—The department shall promote and support local
  168  community-based partnerships that emphasize programs involving
  169  youth, including programs for the prevention, detection, and
  170  early intervention of smoking-related chronic diseases.
  171         (f) Training.—The program shall include the training of
  172  health care practitioners, smoking-cessation counselors, and
  173  teachers by health professional students and other tobacco-use
  174  prevention specialists who are trained in preventing tobacco use
  175  and health education. Smoking-cessation counselors shall be
  176  trained by specialists who are certified in tobacco-use
  177  cessation.
  178         (g) County health departments Administration, statewide
  179  programs, and county health departments.—Each county health
  180  department is eligible to receive a portion of the annual
  181  appropriation, on a per capita basis, for coordinating tobacco
  182  education and use prevention programs within that county.
  183  Appropriated funds may be used to improve the infrastructure of
  184  the county health department to implement the comprehensive,
  185  statewide tobacco education and use prevention program. Each
  186  county health department shall prominently display in all
  187  treatment rooms and waiting rooms, counter-marketing and
  188  advertisement materials in the form of wall posters, brochures,
  189  television advertising if televisions are used in the lobby or
  190  waiting room, and screensavers and Internet advertising if
  191  computer kiosks are available for use or viewing by people at
  192  the county health department.
  193         (h) Enforcement and awareness of related laws.—In
  194  coordination with the Department of Business and Professional
  195  Regulation, the program shall monitor the enforcement of laws,
  196  rules, and policies prohibiting the sale or other provision of
  197  tobacco to minors, as well as the continued enforcement of the
  198  Clean Indoor Air Act prescribed in chapter 386. The
  199  advertisements produced in accordance with paragraph (b)
  200  paragraph (a) may also include information designed to make the
  201  public aware of these related laws and rules. The departments
  202  may enter into interagency agreements to carry out this program
  203  component.
  204         (i)AHEC smoking-cessation initiative.—For the 2007-2008
  205  and 2008-2009 fiscal years only, the AHEC network shall expand
  206  the AHEC smoking-cessation initiative to each county within the
  207  state and perform other activities as determined by the
  208  department.
  209         (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND MEETINGS.
  210  The Tobacco Education and Use Prevention Advisory Council is
  211  created within the department.
  212         (a) The council shall consist of 23 members, including:
  213         1. The State Surgeon General, who shall serve as the
  214  chairperson.
  215         2. One county health department director, appointed by the
  216  State Surgeon General.
  217         3. Two members appointed by the Commissioner of Education,
  218  of whom one must be a school district superintendent.
  219         4. The chief executive officer of the Florida Division of
  220  the American Cancer Society, or his or her designee.
  221         5. The chief executive officer of the Greater Southeast
  222  Affiliate of the American Heart Association, or his or her
  223  designee.
  224         6. The chief executive officer of the American Lung
  225  Association of Florida, or his or her designee.
  226         7. The dean of the University of Miami School of Medicine,
  227  or his or her designee.
  228         8. The dean of the University of Florida College of
  229  Medicine, or his or her designee.
  230         9. The dean of the University of South Florida College of
  231  Medicine, or his or her designee.
  232         10. The dean of the Florida State University College of
  233  Medicine, or his or her designee.
  234         11. The dean of Nova Southeastern College of Osteopathic
  235  Medicine, or his or her designee.
  236         12. The dean of the Lake Erie College of Osteopathic
  237  Medicine in Bradenton, Florida, or his or her designee.
  238         13. The chief executive officer of the Campaign for Tobacco
  239  Free Kids, or his or her designee.
  240         14. The chief executive officer of the Legacy Foundation,
  241  or his or her designee.
  242         15. Four members appointed by the Governor, of whom two
  243  must have expertise in the field of tobacco-use prevention and
  244  education or smoking cessation and one individual who shall be
  245  between the ages of 16 and 21 at the time of his or her
  246  appointment.
  247         16. Two members appointed by the President of the Senate,
  248  of whom one must have expertise in the field of tobacco-use
  249  prevention and education or smoking cessation.
  250         17. Two members appointed by the Speaker of the House of
  251  Representatives, of whom one must have expertise in the field of
  252  tobacco-use prevention and education or smoking cessation.
  253         (b) The appointments shall be for 3-year terms and shall
  254  reflect the diversity of the state’s population. A vacancy shall
  255  be filled by appointment by the original appointing authority
  256  for the unexpired portion of the term.
  257         (c) An appointed member may not serve more than two
  258  consecutive terms.
  259         (d) The council shall meet at least quarterly and upon the
  260  call of the chairperson. Meetings may be held via teleconference
  261  or other electronic means.
  262         (e) Members of the council shall serve without
  263  compensation, but are entitled to reimbursement for per diem and
  264  travel expenses pursuant to s. 112.061. Members who are state
  265  officers or employees or who are appointed by state officers or
  266  employees shall be reimbursed for per diem and travel expenses
  267  pursuant to s. 112.061 from the state agency through which they
  268  serve.
  269         (f) The council shall adhere to all state ethics laws.
  270  Meetings of the council and the review panels are subject to
  271  chapter 119, s. 286.011, and s. 24, Art. I of the State
  272  Constitution. The department shall provide council members with
  273  information and other assistance as is reasonably necessary to
  274  assist the council in carrying out its responsibilities.
  275         (5) COUNCIL DUTIES AND RESPONSIBILITIES.—The council shall
  276  advise the State Surgeon General as to the direction and scope
  277  of the Comprehensive Statewide Tobacco Education and Use
  278  Prevention Program. The responsibilities of the council may
  279  include, but are not limited to:
  280         (a) Providing advice on program priorities and emphases.
  281         (b) Providing advice on the overall program budget.
  282         (c) Providing advice on copyrighted material, trademark,
  283  and future transactions as they pertain to the tobacco education
  284  and use prevention program.
  285         (d) Reviewing, as requested by the department, broadcast
  286  material prepared for the Internet, portable media players,
  287  radio, and television advertisement as it relates to the
  288  advertising component of the tobacco education and use
  289  prevention program.
  290         (e) Participating in periodic program evaluation, as
  291  requested by the department.
  292         (f) Assisting the department in developing the development
  293  of guidelines to ensure fairness, neutrality, and adherence to
  294  the principles of merit and quality in the conduct of the
  295  program.
  296         (g) Assisting the department in developing the development
  297  of administrative procedures relating to solicitation, review,
  298  and award of contracts and grants in order to ensure an
  299  impartial, high-quality peer review system.
  300         (h) Assisting the department in developing panels to review
  301  and evaluate potential fund recipients the development and
  302  supervision of peer review panels.
  303         (i) Assisting the department in reviewing reports of peer
  304  review panels and making recommendations for funding allocations
  305  contracts and grants.
  306         (j) Assisting the department in reviewing the activities
  307  and evaluating the performance of the AHEC network to avoid
  308  duplicative efforts using state funds.
  309         (k) Recommending specific measureable outcomes meaningful
  310  outcome measures through a regular review of evidence-based and
  311  promising tobacco-use prevention and education strategies and
  312  programs of other states and the Federal Government.
  313         (l) Recommending policies to encourage a coordinated
  314  response to tobacco use in this state, focusing specifically on
  315  creating partnerships within and between the public and private
  316  sectors.
  317         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
  318  program components or subcomponents described in paragraphs
  319  (3)(a)-(f) shall be awarded by the State Surgeon General, after
  320  consultation with the council, on the basis of merit, as
  321  determined by an open, competitive, peer-reviewed process that
  322  ensures objectivity, consistency, and high quality. The
  323  department shall award such grants or contracts no later than
  324  October 1 for each fiscal year. A recipient of a contract or
  325  grant for the program component described in paragraph (3)(d)
  326  (3)(c) is not eligible for a contract or grant award for any
  327  other program component described in subsection (3) in the same
  328  state fiscal year. A school or college of medicine that is
  329  represented on the council is not eligible to receive a contract
  330  or grant under this section. For the 2007-2008 and 2008-2009
  331  fiscal years only, the department shall award a contract or
  332  grant in the amount of $10 million to the AHEC network for the
  333  purpose of developing the components described in paragraph
  334  (3)(i). The AHEC network may apply for a competitive contract or
  335  grant after the 2008-2009 fiscal year.
  336         (a) In order to ensure that all proposals for funding are
  337  appropriate and are evaluated fairly on the basis of merit, the
  338  State Surgeon General, in consultation with the council, shall
  339  appoint a peer review panel of independent, qualified experts in
  340  the field of tobacco control to review the content of each
  341  proposal and establish its priority score. The priority scores
  342  shall be forwarded to the council and must be considered in
  343  determining which proposals will be recommended for funding.
  344         (b) The council and the peer review panel shall establish
  345  and follow rigorous guidelines for ethical conduct and adhere to
  346  a strict policy with regard to conflicts of interest. Council
  347  members are subject to the applicable provisions of chapter 112.
  348  A member of the council or panel may not participate in any
  349  discussion or decision with respect to a research proposal by
  350  any firm, entity, or agency with which the member is associated
  351  as a member of the governing body or as an employee or with
  352  which the member has entered into a contractual arrangement.
  353  Meetings of the council and the peer review panels are subject
  354  to chapter 119, s. 286.011, and s. 24, Art. I of the State
  355  Constitution.
  356         (c) In each contract or grant agreement, the department
  357  shall limit the use of food and promotional items to no more
  358  than 2.5 percent of the total amount of the contract or grant
  359  and limit overhead or indirect costs to no more than 7.5 percent
  360  of the total amount of the contract or grant. The department, in
  361  consultation with the Department of Financial Services, shall
  362  publish guidelines for appropriate food and promotional items.
  363         (d) In each advertising contract, the department shall
  364  limit the total of production fees, buyer commissions, and
  365  related costs to no more than 10 percent of the total contract
  366  amount.
  367         (e) Notwithstanding the competitive process for contracts
  368  prescribed in this subsection, each county health department is
  369  eligible for core funding, on a per capita basis, to implement
  370  tobacco education and use prevention activities within that
  371  county.
  372         (7) ANNUAL REPORT REQUIRED.—By February 28 January 31 of
  373  each year, the department shall provide to the Governor, the
  374  President of the Senate, and the Speaker of the House of
  375  Representatives a report that evaluates the program’s
  376  effectiveness in reducing and preventing tobacco use and that
  377  recommends improvements to enhance the program’s effectiveness.
  378  The report must contain, at a minimum, an annual survey of youth
  379  attitudes and behavior toward tobacco, as well as a description
  380  of the progress in reducing the prevalence of tobacco use among
  381  youth, adults, and pregnant women; reducing per capita tobacco
  382  consumption; and reducing exposure to environmental tobacco
  383  smoke.
  384         (8) LIMITATION ON ADMINISTRATIVE EXPENSES.—From the total
  385  funds appropriated for the Comprehensive Statewide Tobacco
  386  Education and Use Prevention Program in the General
  387  Appropriations Act, an amount of up to 5 percent may be used by
  388  the department for administrative expenses.
  389         (9)RULEMAKING AUTHORIZED.—By January 1, 2008, the
  390  department shall adopt rules pursuant to ss. 120.536(1) and
  391  120.54 to administer this section.
  392         Section 4. Section 381.91, Florida Statutes, is transferred
  393  and renumbered as section 385.2024, Florida Statutes, to read:
  394         385.2024 381.91 Jessie Trice Cancer Prevention Program.—
  395         (1) It is the intent of the Legislature to:
  396         (a) Reduce the rates of illness and death from lung cancer
  397  and other cancers and improve the quality of life among low
  398  income African-American and Hispanic populations through
  399  increased access to early, effective screening and diagnosis,
  400  education, and treatment programs.
  401         (b) Create a community faith-based disease-prevention
  402  program in conjunction with the Health Choice Network and other
  403  community health centers to build upon the natural referral and
  404  education networks in place within minority communities and to
  405  increase access to health service delivery in Florida.
  406         (c) Establish a funding source to build upon local private
  407  participation to sustain the operation of the program.
  408         (2)(a) There is created the Jessie Trice Cancer Prevention
  409  Program, to be located, for administrative purposes, within the
  410  Department of Health, and operated from the community health
  411  centers within the Health Choice Network in Florida.
  412         (b) Funding may be provided to develop contracts with
  413  community health centers and local community faith-based
  414  education programs to provide cancer screening, diagnosis,
  415  education, and treatment services to low-income populations
  416  throughout the state.
  417         Section 5. Section 381.911, Florida Statutes, is
  418  transferred, renumbered as section 385.2023, Florida Statutes,
  419  and amended to read:
  420         385.2023 381.911 Prostate Cancer Awareness Program.—
  421         (1) To the extent that funds are specifically made
  422  available for this purpose, the Prostate Cancer Awareness
  423  Program is established within the Department of Health. The
  424  purpose of this program is to implement the recommendations of
  425  January 2000 of the Florida Prostate Cancer Task Force to
  426  provide for statewide outreach and health education activities
  427  to ensure that men are aware of and appropriately seek medical
  428  counseling for prostate cancer as an early-detection health care
  429  measure.
  430         (2) For purposes of implementing the program, the
  431  Department of Health and the Florida Public Health Foundation,
  432  Inc., may:
  433         (a) Conduct activities directly or enter into a contract
  434  with a qualified nonprofit community education entity.
  435         (b) Seek any available gifts, grants, or funds from the
  436  state, the Federal Government, philanthropic foundations, and
  437  industry or business groups.
  438         (3) A prostate cancer advisory committee is created to
  439  advise and assist the Department of Health and the Florida
  440  Public Health Foundation, Inc., in implementing the program.
  441         (a) The State Surgeon General shall appoint the advisory
  442  committee members, who shall consist of:
  443         1. Three persons from prostate cancer survivor groups or
  444  cancer-related advocacy groups.
  445         2. Three persons who are scientists or clinicians from
  446  public or nonpublic universities or research organizations.
  447         3. Three persons who are engaged in the practice of a
  448  cancer-related medical specialty from health organizations
  449  committed to cancer research and control.
  450         (b) Members shall serve without compensation but are
  451  entitled to reimbursement, pursuant to s. 112.061, for per diem
  452  and travel expenses incurred in the performance of their
  453  official duties.
  454         (4) The program shall coordinate its efforts with those of
  455  the Florida Public Health Foundation, Inc.
  456         Section 6. Section 381.912, Florida Statutes, is repealed.
  457         Section 7. Section 381.92, Florida Statutes, is transferred
  458  and renumbered as section 385.2025, Florida Statutes, to read:
  459         385.2025 381.92 Florida Cancer Council.—
  460         (1) Effective July 1, 2004, the Florida Cancer Council
  461  within the Department of Health is established for the purpose
  462  of making the state a center of excellence for cancer research.
  463         (2)(a) The council shall be representative of the state’s
  464  cancer centers, hospitals, and patient groups and shall be
  465  organized and shall operate in accordance with this act.
  466         (b) The Florida Cancer Council may create not-for-profit
  467  corporate subsidiaries to fulfill its mission. The council and
  468  its subsidiaries are authorized to receive, hold, invest, and
  469  administer property and any moneys acquired from private, local,
  470  state, and federal sources, as well as technical and
  471  professional income generated or derived from the mission
  472  related activities of the council.
  473         (c) The members of the council shall consist of:
  474         1. The chair of the Florida Dialogue on Cancer, who shall
  475  serve as the chair of the council;
  476         2. The State Surgeon General or his or her designee;
  477         3. The chief executive officer of the H. Lee Moffitt Cancer
  478  Center or his or her designee;
  479         4. The director of the University of Florida Shands Cancer
  480  Center or his or her designee;
  481         5. The chief executive officer of the University of Miami
  482  Sylvester Comprehensive Cancer Center or his or her designee;
  483         6. The chief executive officer of the Mayo Clinic,
  484  Jacksonville, or his or her designee;
  485         7. The chief executive officer of the American Cancer
  486  Society, Florida Division, Inc., or his or her designee;
  487         8. The president of the American Cancer Society, Florida
  488  Division, Inc., Board of Directors or his or her designee;
  489         9. The president of the Florida Society of Clinical
  490  Oncology or his or her designee;
  491         10. The president of the American College of Surgeons,
  492  Florida Chapter, or his or her designee;
  493         11. The chief executive officer of Enterprise Florida,
  494  Inc., or his or her designee;
  495         12. Five representatives from cancer programs approved by
  496  the American College of Surgeons. Three shall be appointed by
  497  the Governor, one shall be appointed by the Speaker of the House
  498  of Representatives, and one shall be appointed by the President
  499  of the Senate;
  500         13. One member of the House of Representatives, to be
  501  appointed by the Speaker of the House of Representatives; and
  502         14. One member of the Senate, to be appointed by the
  503  President of the Senate.
  504         (d) Appointments made by the Speaker of the House of
  505  Representatives and the President of the Senate pursuant to
  506  paragraph (c) shall be for 2-year terms, concurrent with the
  507  bienniums in which they serve as presiding officers.
  508         (e) Appointments made by the Governor pursuant to paragraph
  509  (c) shall be for 2-year terms, although the Governor may
  510  reappoint members.
  511         (f) Members of the council or any subsidiaries shall serve
  512  without compensation, and each organization represented on the
  513  council shall cover the expenses of its representatives.
  514         (3) The council shall issue an annual report to the Center
  515  for Universal Research to Eradicate Disease, the Governor, the
  516  Speaker of the House of Representatives, and the President of
  517  the Senate by December 15 of each year, with policy and funding
  518  recommendations regarding cancer research capacity in Florida
  519  and related issues.
  520         Section 8. Section 381.921, Florida Statutes, is
  521  transferred and renumbered as section 385.20251, Florida
  522  Statutes, to read:
  523         385.20251 381.921 Florida Cancer Council mission and
  524  duties.—The council, which shall work in concert with the
  525  Florida Center for Universal Research to Eradicate Disease to
  526  ensure that the goals of the center are advanced, shall endeavor
  527  to dramatically improve cancer research and treatment in this
  528  state through:
  529         (1) Efforts to significantly expand cancer research
  530  capacity in the state by:
  531         (a) Identifying ways to attract new research talent and
  532  attendant national grant-producing researchers to cancer
  533  research facilities in this state;
  534         (b) Implementing a peer-reviewed, competitive process to
  535  identify and fund the best proposals to expand cancer research
  536  institutes in this state;
  537         (c) Funding through available resources for those proposals
  538  that demonstrate the greatest opportunity to attract federal
  539  research grants and private financial support;
  540         (d) Encouraging the employment of bioinformatics in order
  541  to create a cancer informatics infrastructure that enhances
  542  information and resource exchange and integration through
  543  researchers working in diverse disciplines, to facilitate the
  544  full spectrum of cancer investigations;
  545         (e) Facilitating the technical coordination, business
  546  development, and support of intellectual property as it relates
  547  to the advancement of cancer research; and
  548         (f) Aiding in other multidisciplinary research-support
  549  activities as they inure to the advancement of cancer research.
  550         (2) Efforts to improve both research and treatment through
  551  greater participation in clinical trials networks by:
  552         (a) Identifying ways to increase adult enrollment in cancer
  553  clinical trials;
  554         (b) Supporting public and private professional education
  555  programs designed to increase the awareness and knowledge about
  556  cancer clinical trials;
  557         (c) Providing tools to cancer patients and community-based
  558  oncologists to aid in the identification of cancer clinical
  559  trials available in the state; and
  560         (d) Creating opportunities for the state’s academic cancer
  561  centers to collaborate with community-based oncologists in
  562  cancer clinical trials networks.
  563         (3) Efforts to reduce the impact of cancer on disparate
  564  groups by:
  565         (a) Identifying those cancers that disproportionately
  566  impact certain demographic groups; and
  567         (b) Building collaborations designed to reduce health
  568  disparities as they relate to cancer.
  569         Section 9. Paragraph (a) of subsection (2) and subsection
  570  (5) of section 381.922, Florida Statutes, as amended by section
  571  2 of chapter 2009-5, Laws of Florida, is amended to read:
  572         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  573  Cancer Research Program.—
  574         (2) The program shall provide grants for cancer research to
  575  further the search for cures for cancer.
  576         (a) Emphasis shall be given to the goals enumerated in s.
  577  385.20251 s. 381.921, as those goals support the advancement of
  578  such cures.
  579         (5) For the 2008-2009 fiscal year and each fiscal year
  580  thereafter, the sum of $6.75 million is appropriated annually
  581  from recurring funds in the General Revenue Fund to the
  582  Biomedical Research Trust Fund within the Department of Health
  583  for purposes of the William G. “Bill” Bankhead, Jr., and David
  584  Coley Cancer Research Program and shall be distributed pursuant
  585  to this section to provide grants to researchers seeking cures
  586  for cancer, with emphasis given to the goals enumerated in s.
  587  385.20251 s. 381.921. From the total funds appropriated, an
  588  amount of up to 10 percent may be used for administrative
  589  expenses.
  590         Section 10. Section 381.93, Florida Statutes, is
  591  transferred and renumbered as section 385.2021, Florida
  592  Statutes, to read:
  593         385.2021 381.93 Breast and cervical cancer early detection
  594  program.—This section may be cited as the “Mary Brogan Breast
  595  and Cervical Cancer Early Detection Program Act.”
  596         (1) It is the intent of the Legislature to reduce the rates
  597  of death due to breast and cervical cancer through early
  598  diagnosis and increased access to early screening, diagnosis,
  599  and treatment programs.
  600         (2) The Department of Health, using available federal funds
  601  and state funds appropriated for that purpose, is authorized to
  602  establish the Mary Brogan Breast and Cervical Cancer Screening
  603  and Early Detection Program to provide screening, diagnosis,
  604  evaluation, treatment, case management, and followup and
  605  referral to the Agency for Health Care Administration for
  606  coverage of treatment services.
  607         (3) The Mary Brogan Breast and Cervical Cancer Early
  608  Detection Program shall be funded through grants for such
  609  screening and early detection purposes from the federal Centers
  610  for Disease Control and Prevention under Title XV of the Public
  611  Health Service Act, 42 U.S.C. ss. 300k et seq.
  612         (4) The department shall limit enrollment in the program to
  613  persons with incomes up to and including 200 percent of the
  614  federal poverty level. The department shall establish an
  615  eligibility process that includes an income-verification process
  616  to ensure that persons served under the program meet income
  617  guidelines.
  618         (5) The department may provide other breast and cervical
  619  cancer screening and diagnostic services; however, such services
  620  shall be funded separately through other sources than this act.
  621         Section 11. Section 381.931, Florida Statutes, is
  622  transferred and renumbered as section 385.20211, Florida
  623  Statutes, to read:
  624         385.20211 381.931 Annual report on Medicaid expenditures.
  625  The Department of Health and the Agency for Health Care
  626  Administration shall monitor the total Medicaid expenditures for
  627  services made under this act. If Medicaid expenditures are
  628  projected to exceed the amount appropriated by the Legislature,
  629  the Department of Health shall limit the number of screenings to
  630  ensure Medicaid expenditures do not exceed the amount
  631  appropriated. The Department of Health, in cooperation with the
  632  Agency for Health Care Administration, shall prepare an annual
  633  report that must include the number of women screened; the
  634  percentage of positive and negative outcomes; the number of
  635  referrals to Medicaid and other providers for treatment
  636  services; the estimated number of women who are not screened or
  637  not served by Medicaid due to funding limitations, if any; the
  638  cost of Medicaid treatment services; and the estimated cost of
  639  treatment services for women who were not screened or referred
  640  for treatment due to funding limitations. The report shall be
  641  submitted to the President of the Senate, the Speaker of the
  642  House of Representatives, and the Executive Office of the
  643  Governor by March 1 of each year.
  644         Section 12. Chapter 385, Florida Statutes, entitled
  645  “Chronic Diseases,” is renamed the “Healthy and Fit Florida
  646  Act.”
  647         Section 13. Section 385.101, Florida Statutes, is amended
  648  to read:
  649         385.101 Short title.—This chapter Sections 385.101-385.103
  650  may be cited as the “Healthy and Fit Florida Chronic Diseases
  651  Act.”
  652         Section 14. Section 385.102, Florida Statutes, is amended
  653  to read:
  654         385.102 Legislative intent.—It is the finding of the
  655  Legislature that:
  656         (1) Chronic diseases continue to be the leading cause of
  657  death and disability in this state and the country exist in high
  658  proportions among the people of this state. These Chronic
  659  diseases include, but are not limited to, arthritis,
  660  cardiovascular disease heart disease, hypertension, diabetes,
  661  renal disease, cancer, and chronic obstructive lung disease.
  662  These diseases are often have the same preventable risk factors
  663  interrelated, and they directly and indirectly account for a
  664  high rate of death, disability, and underlying costs to the
  665  state’s health care system illness.
  666         (2)Chronic diseases have a significant impact on quality
  667  of life, not only for the individuals who experience their
  668  painful symptoms and resulting disabilities, but also for family
  669  members and caregivers.
  670         (3)Racial and ethnic minorities and other underserved
  671  populations are disproportionately affected by chronic diseases.
  672         (4)There are enormous medical costs and lost wages
  673  associated with chronic diseases and their complications.
  674         (5)(2) Advances in medical knowledge and technology assist
  675  have assisted in the prevention, detection, and management of
  676  chronic diseases. Comprehensive approaches that stress the
  677  stressing application of current medical treatment, continuing
  678  research, professional training, and patient education, and
  679  community-level policy and environmental changes should be
  680  implemented encouraged.
  681         (6)(3)A comprehensive program dealing with the early
  682  detection and prevention of chronic diseases is required to make
  683  knowledge and therapy available to all people of this state. The
  684  mobilization of scientific, medical, and educational resources,
  685  along with the implementation of community-based policy under
  686  one comprehensive chronic disease law, act will facilitate the
  687  prevention, early intervention, and management treatment of
  688  chronic these diseases and their symptoms. This integration of
  689  resources and policy will and result in a decline in death and
  690  disability illness among the people of this state.
  691         (7)Chronic diseases account for 70 percent of all deaths
  692  in the United States. The following chronic diseases are the
  693  leading causes of death and disability:
  694         (a)Heart disease and stroke, which have remained the first
  695  and third leading causes of death for both men and women in the
  696  United States for over seven decades and account for
  697  approximately one-third of total deaths each year in this state.
  698         (b)Cancer, which is the second leading cause of death and
  699  is responsible for one in four deaths in this state.
  700         (c)Lung disease, which is the third leading cause of death
  701  and accounts for one in every six deaths in this state.
  702         (d)Diabetes, which is the sixth leading cause of death in
  703  this state.
  704         (e)Arthritis, which is the leading cause of disability in
  705  the United States, limiting daily activities for more than 19
  706  million citizens. In this state, arthritis limits daily
  707  activities for an estimated 1.3 million people.
  708         (8)The department shall establish, promote, and maintain
  709  state-level and local-level programs for chronic disease
  710  prevention and health promotion to the extent that funds are
  711  specifically made available for this purpose.
  712         Section 15. Section 385.1021, Florida Statutes, is created
  713  to read:
  714         385.1021Definitions.—As used in this chapter, the term:
  715         (1)“CDC” means the United States Centers for Disease
  716  Control and Prevention.
  717         (2)“Chronic disease” means an illness that is prolonged,
  718  does not resolve spontaneously, and is rarely cured completely.
  719         (3)“Department” means the Department of Health.
  720         (4)“Environmental changes” means changes to the economic,
  721  social, or physical natural or built environments which
  722  encourage or enable behaviors.
  723         (5)“Policy change” means altering an informal or formal
  724  agreement between public or private sectors which sets forth
  725  values, behaviors, or resource allocation in order to improve
  726  health.
  727         (6)“Primary prevention” means an intervention that is
  728  directed toward healthy populations and focuses on avoiding
  729  disease before it occurs.
  730         (7)“Risk factor” means a characteristic or condition
  731  identified during the course of an epidemiological study of a
  732  disease that appears to be statistically associated with a high
  733  incidence of that disease.
  734         (8)“Secondary prevention” means an intervention that is
  735  designed to promote the early detection and management of
  736  diseases and reduce the risks experienced by at-risk
  737  populations.
  738         (9)“System changes” means altering standard activities,
  739  protocols, policies, processes, and structures carried out in
  740  population-based settings, such as schools, worksites, health
  741  care facilities, faith-based organizations, and the overall
  742  community, which promote and support new behaviors.
  743         (10)“Tertiary prevention” means an intervention that is
  744  directed at rehabilitating and minimizing the effects of disease
  745  in a chronically ill population.
  746         (11)“Tobacco” means, without limitation, tobacco itself
  747  and tobacco products that include tobacco and are intended or
  748  expected for human use or consumption, including, but not
  749  limited to, cigarettes, cigars, pipe tobacco, and smokeless
  750  tobacco.
  751         (12)“Wellness program” means a structured program that is
  752  designed or approved by the department to offer intervention
  753  activities on or off the worksite which help state employees
  754  change certain behaviors or adopt healthy lifestyles.
  755         (13)“Youth” means children and young adults, up through 24
  756  years of age, inclusive.
  757         Section 16. Section 385.1022, Florida Statutes, is created
  758  to read:
  759         385.1022Chronic disease prevention program.—The department
  760  shall support public health programs to reduce the incidence of
  761  mortality and morbidity from diseases for which risk factors can
  762  be identified. Such risk factors include, but are not limited
  763  to, being overweight or obese, physical inactivity, poor
  764  nutrition and diet, tobacco use, sun exposure, and other
  765  practices that are detrimental to health. The programs shall
  766  educate and screen the general public as well as groups at
  767  particularly high risk of chronic diseases.
  768         Section 17. Section 385.1023, Florida Statutes, is created
  769  to read:
  770         385.1023State-level prevention programs for chronic
  771  disease.—
  772         (1)The department shall create state-level programs that
  773  address the leading, preventable chronic disease risk factors of
  774  poor nutrition and obesity, tobacco use, sun exposure, and
  775  physical inactivity in order to decrease the incidence of
  776  arthritis, cancer, diabetes, heart disease, lung disease,
  777  stroke, and other chronic diseases.
  778         (2)State-level programs shall address, but need not be
  779  limited to, the following activities:
  780         (a)Monitoring specific causal and behavioral risk factors
  781  that affect the health of residents in the state.
  782         (b)Analyzing data regarding chronic disease mortality and
  783  morbidity to track changes over time.
  784         (c)Promoting public awareness and increasing knowledge
  785  concerning the causes of chronic diseases, the importance of
  786  early detection, diagnosis, and appropriate evidence-based
  787  prevention, management, and treatment strategies.
  788         (d)Disseminating educational materials and information
  789  concerning evidence-based results, available services, and
  790  pertinent new research findings and prevention strategies to
  791  patients, health insurers, health professionals, and the public.
  792         (e)Using education and training resources and services
  793  developed by organizations having appropriate expertise and
  794  knowledge of chronic diseases for technical assistance.
  795         (f)Evaluating the quality and accessibility of existing
  796  community-based services for chronic disease.
  797         (g)Increasing awareness among state and local officials
  798  involved in health and human services, health professionals and
  799  providers, and policymakers about evidence-based chronic-disease
  800  prevention, tobacco cessation, and treatment strategies and
  801  their benefits for people who have chronic diseases.
  802         (h)Developing a partnership with state and local
  803  governments, voluntary health organizations, hospitals, health
  804  insurers, universities, medical centers, employer groups,
  805  private companies, and health care providers to address the
  806  burden of chronic disease in this state.
  807         (i)Implementing and coordinating state-level policies in
  808  order to reduce the burden of chronic disease.
  809         (j)Providing lasting improvements in the delivery of
  810  health care for individuals who have chronic disease and their
  811  families, thus improving their quality of life while also
  812  containing health care costs.
  813         Section 18. Section 385.103, Florida Statutes, is amended
  814  to read:
  815         385.103 Community-level Community intervention programs for
  816  chronic disease prevention and health promotion.—
  817         (1) DEFINITIONS.As used in this section, the term:
  818         (a) “Chronic disease prevention and health promotion
  819  control program” means a program that may include, but is not
  820  limited to, including a combination of the following elements:
  821         1. Staff who are sufficiently trained and skilled in public
  822  health, community health, or school health education to
  823  facilitate the operation of the program Health screening;
  824         2. Community input into the planning, implementation, and
  825  evaluation processes Risk factor detection;
  826         3. Use of public health data to make decisions and to
  827  develop and prioritize community-based interventions focusing on
  828  chronic diseases and their risk factors; Appropriate
  829  intervention to enable and encourage changes in behaviors that
  830  create health risks; and
  831         4. Adherence to a population-based approach by using a
  832  socioecological model that addresses the influence on individual
  833  behavior, interpersonal behavior, organizational behavior, the
  834  community, and public policy; Counseling in nutrition, physical
  835  activity, the effects of tobacco use, hypertension, blood
  836  pressure control, and diabetes control and the provision of
  837  other clinical prevention services.
  838         5.Focus on at least the common preventable risk factors
  839  for chronic disease, such as physical inactivity, obesity, poor
  840  nutrition, and tobacco use;
  841         6.Focus on developing and implementing interventions and
  842  activities through communities, schools, worksites, faith-based
  843  organizations, and health-care settings;
  844         7.Use of evidence-based interventions as well as best and
  845  promising practices to guide specific activities and effect
  846  change, which may include guidelines developed by organizations,
  847  volunteer scientists, and health care professionals who write
  848  published medical, scientific statements on various chronic
  849  disease topics. The statements shall be supported by scientific
  850  studies published in recognized journals that have a rigorous
  851  review and approval process. Scientific statements generally
  852  include a review of data available on a specific subject and an
  853  evaluation of its relationship to overall chronic disease
  854  science;
  855         8.Use of policy, system, and environmental changes that
  856  support healthy behaviors so as to affect large segments of the
  857  population and encourage healthy choices;
  858         9.Development of extensive and comprehensive evaluation
  859  that is linked to program planning at the state level and the
  860  community level in order to determine the program’s
  861  effectiveness or necessary program modifications; and
  862         10.Reduction of duplication of efforts through
  863  coordination among appropriate entities for the efficient use of
  864  resources.
  865         (b) “Community Health education program” means a program
  866  that follows involving the planned and coordinated use of the
  867  educational standards and teaching methods resources available
  868  in a community in an effort to provide:
  869         1.Appropriate medical, research-based interventions to
  870  enable and encourage changes in behaviors which reduce or
  871  eliminate health risks;
  872         2.Counseling in nutrition, weight management, physical
  873  inactivity, and tobacco-use prevention and cessation strategies;
  874  hypertension, blood pressure, high cholesterol, and diabetes
  875  control; and other clinical prevention services;
  876         3.1.Motivation and assistance to individuals or groups in
  877  adopting and maintaining Motivate and assist citizens to adopt
  878  and maintain healthful practices and lifestyles; and
  879         4.2.Make available Learning opportunities that which will
  880  increase the ability of people to make informed decisions
  881  affecting their personal, family, and community well-being and
  882  that which are designed to facilitate voluntary adoption of
  883  behavior that which will improve or maintain health.;
  884         3.Reduce, through coordination among appropriate agencies,
  885  duplication of health education efforts; and
  886         4.Facilitate collaboration among appropriate agencies for
  887  efficient use of scarce resources.
  888         (c) “Community intervention program” means a program
  889  combining the required elements of a chronic disease prevention
  890  and health promotion control program and the principles of a
  891  community health education program that addresses system,
  892  policy, and environmental changes that ensure that communities
  893  provide support for healthy lifestyles into a unified program
  894  over which a single administrative entity has authority and
  895  responsibility.
  896         (d)“Department” means the Department of Health.
  897         (e)“Risk factor” means a factor identified during the
  898  course of an epidemiological study of a disease, which factor
  899  appears to be statistically associated with a high incidence of
  900  that disease.
  901         (2) OPERATION OF COMMUNITY-LEVEL COMMUNITY INTERVENTION
  902  PROGRAMS FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION.—
  903         (a) The department shall develop and implement a
  904  comprehensive, community-based program for chronic disease
  905  prevention and health promotion. The program shall be designed
  906  to reduce major behavioral risk factors that are associated with
  907  chronic diseases by enhancing the knowledge, skills, motivation,
  908  and opportunities for individuals, organizations, health care
  909  providers, small businesses, health insurers, and communities to
  910  develop and maintain healthy lifestyles. The department shall
  911  assist the county health departments in developing and operating
  912  community intervention programs throughout the state. At a
  913  minimum, the community intervention programs shall address one
  914  to three of the following chronic diseases: cancer, diabetes,
  915  heart disease, stroke, hypertension, renal disease, and chronic
  916  obstructive lung disease.
  917         (b) The program shall include:
  918         1.Countywide assessments of specific, causal, and
  919  behavioral risk factors that affect the health of residents;
  920         2.The development of community-based programs for chronic
  921  disease prevention and health promotion which incorporate health
  922  promotion and preventive care practices that are supported in
  923  scientific and medical literature;
  924         3.The development and implementation of statewide age
  925  specific, disease-specific, and community-specific health
  926  promotion and preventive care strategies using primary,
  927  secondary, and tertiary prevention interventions;
  928         4.The promotion of community, research-based health
  929  promotion model programs that meet specific criteria, address
  930  major risk factors, and motivate individuals to permanently
  931  adopt healthy behaviors and increase social and personal
  932  responsibilities;
  933         5.The development of policies that encourage the use of
  934  alternative community delivery sites for health promotion,
  935  disease prevention, and preventive care programs and promote the
  936  use of neighborhood delivery sites that are close to work, home,
  937  and school; and
  938         6.An emphasis on the importance of healthy and physically
  939  active lifestyles to build self-esteem and reduce morbidity and
  940  mortality associated with chronic disease and being overweight
  941  or obese. Existing community resources, when available, shall be
  942  used to support the programs. The department shall seek funding
  943  for the programs from federal and state financial assistance
  944  programs which presently exist or which may be hereafter
  945  created. Additional services, as appropriate, may be
  946  incorporated into a program to the extent that resources are
  947  available. The department may accept gifts and grants in order
  948  to carry out a program.
  949         (c)Volunteers shall be used to the maximum extent possible
  950  in carrying out the programs. The department shall contract for
  951  the necessary insurance coverage to protect volunteers from
  952  personal liability while acting within the scope of their
  953  volunteer assignments under a program.
  954         (d)The department may contract for the provision of all or
  955  any portion of the services required by a program, and shall so
  956  contract whenever the services so provided are more cost
  957  efficient than those provided by the department.
  958         (e)If the department determines that it is necessary for
  959  clients to help pay for services provided by a program, the
  960  department may require clients to make contribution therefor in
  961  either money or personal services. The amount of money or value
  962  of the personal services shall be fixed according to a fee
  963  schedule established by the department or by the entity
  964  developing the program. In establishing the fee schedule, the
  965  department or the entity developing the program shall take into
  966  account the expenses and resources of a client and his or her
  967  overall ability to pay for the services.
  968         Section 19. Section 385.105, Florida Statutes, is created
  969  to read:
  970         385.105Physical activity, obesity prevention, nutrition,
  971  other health-promotion services, and wellness programs.—
  972         (1)PHYSICAL ACTIVITY—.
  973         (a)The department shall develop programs for people at
  974  every stage of their lives to increase physical fitness and
  975  promote behavior changes.
  976         (b)The department shall work with school health advisory
  977  or wellness committees in each school district as established in
  978  s. 381.0056.
  979         (c)The department shall develop public and private
  980  partnerships that allow the public to easily access recreational
  981  facilities and public land areas that are suitable for physical
  982  activity.
  983         (d)The department shall work in collaboration with the
  984  Executive Office of the Governor and Volunteer Florida, Inc., to
  985  promote school initiatives, such as the Governor’s Fitness
  986  Challenge.
  987         (e)The department shall collaborate with the Department of
  988  Education in recognizing nationally accepted best practices for
  989  improving physical education in schools.
  990         (2)OBESITY PREVENTION.—The department shall promote
  991  healthy lifestyles to reduce the prevalence of excess weight
  992  gain and being overweight or obese through programs that are
  993  directed towards all residents of this state by:
  994         (a)Using all appropriate media to promote maximum public
  995  awareness of the latest research on healthy lifestyles and
  996  chronic diseases and disseminating relevant information through
  997  a statewide clearinghouse relating to wellness, physical
  998  activity, and nutrition and the effect of these factors on
  999  chronic diseases and disabling conditions.
 1000         (b)Providing technical assistance, training, and resources
 1001  on healthy lifestyles and chronic diseases to the public, health
 1002  care providers, school districts, and other persons or entities,
 1003  including faith-based organizations that request such assistance
 1004  to promote physical activity, nutrition, and healthy lifestyle
 1005  programs.
 1006         (c)Developing, implementing, and using all available
 1007  research methods to collect data, including, but not limited to,
 1008  population-specific data, and tracking the incidence and effects
 1009  of weight gain, obesity, and related chronic diseases. The
 1010  department shall include an evaluation and data-collection
 1011  component in all programs as appropriate. All research conducted
 1012  under this paragraph is subject to review and approval as
 1013  required by the department’s institutional review board under s.
 1014  381.86.
 1015         (d)Entering into partnerships with the Department of
 1016  Education, local communities, school districts, and other
 1017  entities to encourage schools in this state to promote
 1018  activities during and after school to help students meet a
 1019  minimum goal of 30 minutes of physical activity or physical
 1020  fitness per day.
 1021         (e)Entering into partnerships with the Department of
 1022  Education, school districts, and the Florida Sports Foundation
 1023  to develop a programs recognizing the schools at which students
 1024  demonstrate excellent physical fitness or fitness improvement.
 1025         (f)Collaborating with other state agencies to develop
 1026  policies and strategies for preventing and treating obesity,
 1027  which shall be incorporated into programs administered by each
 1028  agency and shall include promoting healthy lifestyles of
 1029  employees of each agency.
 1030         (g)Advising, in accordance with s. 456.081, health care
 1031  practitioners about the morbidity, mortality, and costs
 1032  associated with being overweight or obese, informing such
 1033  practitioners of promising clinical practices for preventing and
 1034  treating obesity, and encouraging practitioners to counsel their
 1035  patients regarding the adoption of healthy lifestyles.
 1036         (h)Maximizing all local, state, and federal funding
 1037  sources, including grants, public-private partnerships, and
 1038  other mechanisms to strengthen the department’s programs
 1039  promoting physical activity and nutrition.
 1040         (3)NUTRITION.—The department shall promote optimal
 1041  nutritional status in all stages of people’s lives by developing
 1042  strategies to:
 1043         (a)Promote and maintain optimal nutritional status in the
 1044  population through activities, including, but not limited to:
 1045         1.Nutrition screening and assessment and nutrition
 1046  counseling, including nutrition therapy, followup, case
 1047  management, and referrals for persons who have medical
 1048  conditions or nutrition-risk factors and who are provided health
 1049  services through public health programs or through referrals
 1050  from private health care providers or facilities;
 1051         2.Nutrition education to assist residents of the state in
 1052  achieving optimal health and preventing chronic disease; and
 1053         3.Consultative nutrition services to group facilities
 1054  which promote the provision of safe and nutritionally adequate
 1055  diets.
 1056         (b)Monitor and conduct surveillance of the nutritional
 1057  status of this state’s population.
 1058         (c)Conduct or support research or evaluations related to
 1059  public health nutrition. All research conducted under this
 1060  paragraph is subject to review and approval as required by the
 1061  department’s institutional review board under s. 381.86.
 1062         (d)Establish policies and standards for public health
 1063  nutrition practices.
 1064         (e)Promote interagency cooperation, professional
 1065  education, and consultation.
 1066         (f)Provide technical assistance and advise state agencies,
 1067  private institutions, and local organizations regarding public
 1068  health nutrition standards.
 1069         (g)Work with the Department of Agriculture and Consumer
 1070  Services, the Department of Education, and the Department of
 1071  Management Services to further the use of fresh produce from
 1072  this state in schools and encourage the development of community
 1073  gardens. Nutritional services shall be available to eligible
 1074  persons in accordance with eligibility criteria adopted by the
 1075  department. The department shall provide by rule requirements
 1076  for the service fees, when applicable, which may not exceed the
 1077  department’s actual costs.
 1078  
 1079  The department may adopt rules to administer this subsection.
 1080         (4)OTHER HEALTH-PROMOTION SERVICES.—
 1081         (a)The department shall promote personal responsibility by
 1082  encouraging residents of this state to be informed, follow
 1083  health recommendations, seek medical consultations and health
 1084  assessments, take healthy precautions, and comply with medical
 1085  guidelines, including those that lead to earlier detection of
 1086  chronic diseases in order to prevent chronic diseases or slow
 1087  the progression of established chronic diseases.
 1088         (b)The department shall promote regular health visits
 1089  during a person’s lifetime, including annual physical
 1090  examinations that include measuring body mass index and vital
 1091  signs, blood work, immunizations, screenings, and dental
 1092  examinations in order to reduce the financial, social, and
 1093  personal burden of chronic disease.
 1094         (5)WELLNESS PROGRAMS.—
 1095         (a)Each state agency may conduct employee wellness
 1096  programs in buildings and lands owned or leased by the state.
 1097  The department shall serve as a model to develop and implement
 1098  employee wellness programs that may include physical fitness,
 1099  healthy nutrition, self-management of disease, education, and
 1100  behavioral change. The department shall assist other state
 1101  agencies to develop and implement employee wellness programs.
 1102  These programs shall use existing resources, facilities, and
 1103  programs or resources procured through grant funding and
 1104  donations that are obtained in accordance with state ethics and
 1105  procurement policies, and shall provide equal access to any such
 1106  programs, resources, and facilities to all state employees.
 1107         (b)The department shall coordinate its efforts with the
 1108  Department of Management Services and other state agencies.
 1109         (c)Each agency may establish an employee wellness work
 1110  group to design the program. The department shall be available
 1111  to provide policy guidance and assist in identifying effective
 1112  wellness program strategies.
 1113         (d)The department shall provide by rule requirements for
 1114  nominal participation fees, when applicable, which may not
 1115  exceed the department’s actual costs; collaborations with
 1116  businesses; and the procurement of equipment and incentives.
 1117         Section 20. Section 385.202, Florida Statutes, is amended
 1118  to read:
 1119         385.202 Statewide cancer registry.—
 1120         (1) Each facility, laboratory, or practitioner licensed
 1121  under chapter 395, chapter 458, chapter 459, chapter 464,
 1122  chapter 483, and each freestanding radiation therapy center as
 1123  defined in s. 408.07, shall report to the department of Health
 1124  such information, specified by the department, by rule. The
 1125  department may adopt rules regarding reporting requirements for
 1126  the cancer registry, which shall include the data required, the
 1127  timeframe for reporting, and those professionals who are
 1128  responsible for ensuring compliance with reporting requirements,
 1129  which indicates diagnosis, stage of disease, medical history,
 1130  laboratory data, tissue diagnosis, and radiation, surgical, or
 1131  other methods of diagnosis or treatment for each cancer
 1132  diagnosed or treated by the facility or center. Failure to
 1133  comply with this requirement may be cause for registration or
 1134  licensure suspension or revocation.
 1135         (2) The department shall establish, or cause to have
 1136  established, by contract with a recognized medical organization
 1137  in this state and its affiliated institutions, a statewide
 1138  cancer registry program to ensure that cancer reports required
 1139  under this section shall be maintained and available for use in
 1140  the course of public health surveillance and any study for the
 1141  purpose of reducing morbidity or mortality; and no liability of
 1142  any kind or character for damages or other relief shall arise or
 1143  be enforced against any facility or practitioner hospital by
 1144  reason of having provided such information or material to the
 1145  department.
 1146         (3)The department may adopt rules regarding the
 1147  establishment and operation of a statewide cancer registry
 1148  program.
 1149         (4)(3) The department or a contractual designee operating
 1150  the statewide cancer registry program required by this section
 1151  shall use or publish said material only for the purpose of
 1152  public health surveillance and advancing medical research or
 1153  medical education in the interest of reducing morbidity or
 1154  mortality, except that a summary of such studies may be released
 1155  for general publication. Information which discloses or could
 1156  lead to the disclosure of the identity of any person whose
 1157  condition or treatment has been reported and studied shall be
 1158  confidential and exempt from the provisions of s. 119.07(1),
 1159  except that:
 1160         (a) Release may be made with the written consent of all
 1161  persons to whom the information applies;
 1162         (b) The department or a contractual designee may contact
 1163  individuals for the purpose of epidemiologic investigation and
 1164  monitoring, provided information that is confidential under this
 1165  section is not further disclosed; or
 1166         (c) The department may exchange personal data with any
 1167  other governmental agency or a contractual designee for the
 1168  purpose of public health surveillance and medical or scientific
 1169  research, if provided such governmental agency or contractual
 1170  designee does shall not further disclose information that is
 1171  confidential under this section.
 1172         (5)(4) Funds appropriated for this section shall be used
 1173  for establishing, administering, compiling, processing, and
 1174  providing biometric and statistical analyses to the reporting
 1175  facilities and practitioners. Funds may also be used to ensure
 1176  the quality and accuracy of the information reported and to
 1177  provide management information to the reporting facilities and
 1178  practitioners.
 1179         (6)(5) The department may adopt rules regarding the
 1180  classifications of, by rule, classify facilities that are
 1181  responsible for making reports to the cancer registry, the
 1182  content and frequency of the reports, and the penalty for
 1183  failure to comply with these requirements for purposes of
 1184  reports made to the cancer registry and specify the content and
 1185  frequency of the reports. In classifying facilities, the
 1186  department shall exempt certain facilities from reporting cancer
 1187  information that was previously reported to the department or
 1188  retrieved from existing state reports made to the department or
 1189  the Agency for Health Care Administration. The provisions of
 1190  This section does shall not apply to any facility whose primary
 1191  function is to provide psychiatric care to its patients.
 1192         (7)Notwithstanding subsection (1), each facility and
 1193  practitioner that reports cancer cases to the department shall
 1194  make their records available for onsite review by the department
 1195  or its authorized representative.
 1196         Section 21. Subsection (3) of section 385.203, Florida
 1197  Statutes, is amended to read:
 1198         385.203 Diabetes Advisory Council; creation; function;
 1199  membership.—
 1200         (3) The council shall be composed of 26 25 citizens of the
 1201  state who have knowledge of, or work in, the area of diabetes
 1202  mellitus as follows:
 1203         (a) Five interested citizens, three of whom are affected by
 1204  diabetes.
 1205         (b) Twenty-one Twenty members, who must include one
 1206  representative from each of the following areas: nursing with
 1207  diabetes-educator certification; dietary with diabetes educator
 1208  certification; podiatry; ophthalmology or optometry; psychology;
 1209  pharmacy; adult endocrinology; pediatric endocrinology; the
 1210  American Diabetes Association (ADA); the Juvenile Diabetes
 1211  Foundation (JDF); the Florida Academy of Family Physicians; a
 1212  community health center; a county health department; an American
 1213  Diabetes Association recognized community education program;
 1214  each medical school in the state; an osteopathic medical school;
 1215  the insurance industry; a Children’s Medical Services diabetes
 1216  regional program; and an employer.
 1217         (c) One or more representatives from the Department of
 1218  Health, who shall serve on the council as ex officio members.
 1219         Section 22. Section 385.206, Florida Statutes, is amended
 1220  to read:
 1221         385.206 Pediatric Hematology-Oncology care Center Program.—
 1222         (1) DEFINITIONS.—As used in this section, the term:
 1223         (a) “Department” means the Department of Health.
 1224         (b) “Hematology” means the study, diagnosis, and treatment
 1225  of blood and blood-forming tissues.
 1226         (c) “Oncology” means the study, diagnosis, and treatment of
 1227  malignant neoplasms or cancer.
 1228         (d) “Hemophilia” or “other hemostatic disorder” means a
 1229  bleeding disorder resulting from a genetic abnormality of
 1230  mechanisms related to the control of bleeding.
 1231         (e) “Sickle-cell anemia or other hemoglobinopathy” means an
 1232  hereditary, chronic disease caused by an abnormal type of
 1233  hemoglobin.
 1234         (f) “Patient” means a person under the age of 21 who is in
 1235  need of hematologic-oncologic services and who is enrolled in
 1236  the Children’s Medical Services Network declared medically and
 1237  financially eligible by the department; or a person who received
 1238  such services prior to age 21 and who requires long-term
 1239  monitoring and evaluation to ascertain the sequelae and the
 1240  effectiveness of treatment.
 1241         (g) “Center” means a facility designated by the department
 1242  as having a program specifically designed to provide a full
 1243  range of medical and specialty services to patients with
 1244  hematologic and oncologic disorders.
 1245         (2) PEDIATRIC HEMATOLOGY-ONCOLOGY CARE CENTER PROGRAM;
 1246  AUTHORITY.—The department may designate is authorized to make
 1247  grants and reimbursements to designated centers and provide
 1248  funding to establish and maintain programs for the care of
 1249  patients with hematologic and oncologic disorders. Program
 1250  administration costs shall be paid by the department from funds
 1251  appropriated for this purpose.
 1252         (3) GRANT FUNDING CONTRACTS GRANT AGREEMENTS; CONDITIONS.—
 1253         (a)Funding provided A grant made under this section shall
 1254  be pursuant to a contract contractual agreement made between a
 1255  center and the department. Each contract agreement shall provide
 1256  that patients will receive services specified types of treatment
 1257  and care from the center without additional charge to the
 1258  patients or their parents or guardians. Grants shall be
 1259  disbursed in accordance with conditions set forth in the
 1260  disbursement guidelines.
 1261         (4)GRANT DISBURSEMENTS AND SPECIAL DISBURSEMENTS FOR LOCAL
 1262  PROGRAMS.—
 1263         (b)(a)Funding may be provided Grant disbursements may be
 1264  made to centers that which meet the following criteria:
 1265         1. The personnel shall include at least one board-certified
 1266  pediatric hematologist-oncologist, at least one board-certified
 1267  pediatric surgeon, at least one board-certified radiotherapist,
 1268  and at least one board-certified pathologist.
 1269         2. As approved by the department, The center shall actively
 1270  participate in a national children’s cancer study group,
 1271  maintain a pediatric tumor registry, have a multidisciplinary
 1272  pediatric tumor board, and meet other guidelines for
 1273  development, including, but not limited to, guidelines from such
 1274  organizations as the American Academy of Pediatrics and the
 1275  American Pediatric Surgical Association.
 1276         (b)Programs shall also be established to provide care to
 1277  hematology-oncology patients within each district of the
 1278  department. The guidelines for local programs shall be
 1279  formulated by the department. Special disbursements may be made
 1280  by the program office to centers for educational programs
 1281  designed for the districts of the department. These programs may
 1282  include teaching total supportive care of the dying patient and
 1283  his or her family, home therapy to hemophiliacs and patients
 1284  with other hemostatic disorders, and screening and counseling
 1285  for patients with sickle-cell anemia or other
 1286  hemoglobinopathies.
 1287         (4)(5) PROGRAM AND PEER REVIEW.—The department shall
 1288  evaluate at least annually during the grant period the services
 1289  rendered by the centers and the districts of the department.
 1290  Data from the centers and other sources relating to pediatric
 1291  cancer shall be reviewed annually by the Florida Association of
 1292  Pediatric Tumor Programs, Inc.; and a written report with
 1293  recommendations shall be made to the department. This database
 1294  will be available to the department for program planning and
 1295  quality assurance initiatives formulation of its annual program
 1296  and financial evaluation report. A portion of the funds
 1297  appropriated for this section may be used to provide statewide
 1298  consultation, supervision, and evaluation of the programs of the
 1299  centers, as well as central program office support personnel.
 1300         Section 23. Paragraph (g) of subsection (2) and subsection
 1301  (7) of section 385.207, Florida Statutes, are amended to read:
 1302         385.207 Care and assistance of persons with epilepsy;
 1303  establishment of programs in epilepsy control.—
 1304         (2) The Department of Health shall:
 1305         (g) Continue current programs and develop cooperative
 1306  programs and services designed to enhance the vocational
 1307  rehabilitation of epilepsy clients, including the current jobs
 1308  programs. The department shall, as part of its contract with a
 1309  provider of epilepsy services, collect information regarding the
 1310  number of clients served, the outcomes reached, the expenses
 1311  incurred, and the fees collected by such providers for the
 1312  provision of services keep and make this information available
 1313  to the Governor and the Legislature upon request information
 1314  regarding the number of clients served, the outcome reached, and
 1315  the expense incurred by such programs and services.
 1316         (7)The department shall limit total administrative
 1317  expenditures from the Epilepsy Services Trust Fund to 5 percent
 1318  of annual receipts.
 1319         Section 24. Paragraphs (b), (d), and (g) of subsection (2)
 1320  and paragraph (b) of subsection (5) of section 385.210, Florida
 1321  Statutes, are amended to read:
 1322         385.210 Arthritis prevention and education.—
 1323         (2) LEGISLATIVE FINDINGS.—The Legislature finds the
 1324  following:
 1325         (b) Arthritis is the leading cause of disability in the
 1326  United States, limiting daily activities for more than 19 7
 1327  million citizens.
 1328         (d) There are enormous economic and social costs associated
 1329  with treating arthritis and its complications; the economic
 1330  costs are estimated at over $128 billion (2003) $116 billion
 1331  (1997) annually in the United States.
 1332         (g) The National Arthritis Foundation, the CDC Centers for
 1333  Disease Control and Prevention, and the Association of State and
 1334  Territorial Health Officials have led the development of a
 1335  public health strategy, the National Arthritis Action Plan, to
 1336  respond to this challenge.
 1337         (5) FUNDING.—
 1338         (b) The State Surgeon General may shall seek any federal
 1339  waiver or waivers that may be necessary to maximize funds from
 1340  the Federal Government to implement this program.
 1341         Section 25. Section 385.301, Florida Statutes, is created
 1342  to read:
 1343         385.301Rulemaking authority.—The department may adopt
 1344  rules pursuant to chapter 120 to administer this chapter.
 1345         Section 26. Subsection (9) of section 409.904, Florida
 1346  Statutes, is amended to read:
 1347         409.904 Optional payments for eligible persons.—The agency
 1348  may make payments for medical assistance and related services on
 1349  behalf of the following persons who are determined to be
 1350  eligible subject to the income, assets, and categorical
 1351  eligibility tests set forth in federal and state law. Payment on
 1352  behalf of these Medicaid eligible persons is subject to the
 1353  availability of moneys and any limitations established by the
 1354  General Appropriations Act or chapter 216.
 1355         (9) Eligible women with incomes at or below 200 percent of
 1356  the federal poverty level and under age 65, for cancer treatment
 1357  pursuant to the federal Breast and Cervical Cancer Prevention
 1358  and Treatment Act of 2000, screened through the Mary Brogan
 1359  Breast and Cervical Cancer Early Detection Program established
 1360  under s. 385.2021 s. 381.93.
 1361         Section 27. This act shall take effect July 1, 2009.
 1362  
 1363  ================= T I T L E  A M E N D M E N T ================
 1364         And the title is amended as follows:
 1365         Delete everything before the enacting clause
 1366  and insert:
 1367                        A bill to be entitled                      
 1368         An act relating to the Healthy and Fit Florida Act;
 1369         amending s. 154.503, F.S.; conforming a cross
 1370         reference; repealing s. 381.0053, F.S., relating to a
 1371         comprehensive nutrition program; repealing s.
 1372         381.0054, F.S., relating to healthy lifestyles
 1373         promotion; repealing ss. 381.732, 381.733, and
 1374         381.734, F.S., relating to the Healthy Communities,
 1375         Healthy People Act; transferring, renumbering, and
 1376         amending s. 381.84, F.S., relating to the
 1377         Comprehensive Statewide Tobacco Education and Use
 1378         Prevention Program; revising definitions; revising
 1379         program components; requiring program components to
 1380         include efforts to educate youth and their parents
 1381         about tobacco use; requiring a youth-directed focus in
 1382         each program component; requiring the Tobacco
 1383         Education and Use Prevention Advisory Council to
 1384         adhere to state ethics laws; providing that meetings
 1385         of the council are subject to public-records and
 1386         public-meetings requirements; revising the duties of
 1387         the council; deleting a provision that prohibits a
 1388         member of the council from participating in a
 1389         discussion or decision with respect to a research
 1390         proposal by a firm, entity, or agency with which the
 1391         member is associated as a member of the governing body
 1392         or as an employee or with which the member has entered
 1393         into a contractual arrangement; revising the
 1394         submission date of an annual report; deleting an
 1395         expired provision relating to rulemaking authority of
 1396         the department; transferring and renumbering s.
 1397         381.91, F.S., relating to the Jessie Trice Cancer
 1398         Prevention Program; transferring, renumbering, and
 1399         amending s. 381.911, F.S., relating to the Prostate
 1400         Cancer Awareness Program; revising the criteria for
 1401         members of the prostate cancer advisory committee;
 1402         repealing s. 381.912, F.S., relating to the Cervical
 1403         Cancer Elimination Task Force; transferring and
 1404         renumbering s. 381.92, F.S., relating to the Florida
 1405         Cancer Council; transferring and renumbering s.
 1406         381.921, F.S., relating to the mission and duties of
 1407         the Florida Cancer Council; amending s. 381.922, F.S.;
 1408         conforming cross-references; transferring and
 1409         renumbering s. 381.93, F.S., relating to a breast and
 1410         cervical cancer early detection program; transferring
 1411         and renumbering s. 381.931, F.S., relating to an
 1412         annual report on Medicaid expenditures; renaming ch.
 1413         385, F.S., as the “Healthy and Fit Florida Act”;
 1414         amending s. 385.101, F.S.; renaming the “Chronic
 1415         Diseases Act” as the “Healthy and Fit Florida Act”;
 1416         amending s. 385.102, F.S.; revising legislative
 1417         intent; creating s. 385.1021, F.S.; providing
 1418         definitions; creating s. 385.1022, F.S.; requiring the
 1419         Department of Health to support public health programs
 1420         to reduce the incidence of mortality and morbidity
 1421         from chronic diseases; creating s. 385.1023, F.S.;
 1422         requiring the department to create state-level
 1423         programs that address the risk factors of certain
 1424         chronic diseases; providing required activities of the
 1425         state-level programs; amending s. 385.103, F.S.;
 1426         providing for community-level programs for the
 1427         prevention of chronic diseases; revising definitions;
 1428         requiring the department to develop and implement a
 1429         community-based chronic disease prevention and health
 1430         promotion program; providing the purpose of the
 1431         program; providing requirements for the program;
 1432         creating s. 385.105, F.S.; requiring the department to
 1433         develop programs to increase physical fitness, to work
 1434         with school districts, to develop partnerships that
 1435         allow the public to access recreational facilities and
 1436         public land areas suitable for physical activity, to
 1437         work with the Executive Office of the Governor and
 1438         Volunteer Florida, Inc., to promote school
 1439         initiatives, and to collaborate with the Department of
 1440         Education in recognizing nationally accepted best
 1441         practices for improving physical education in schools;
 1442         requiring the Department of Health to promote healthy
 1443         lifestyles to reduce obesity; requiring the department
 1444         to promote optimal nutritional status in all stages of
 1445         people’s lives, personal responsibility to prevent
 1446         chronic disease or slow its progression, and regular
 1447         health visits during a person’s life span; authorizing
 1448         state agencies to conduct employee wellness programs;
 1449         requiring the department to serve as a model to
 1450         develop and implement employee wellness programs;
 1451         requiring the department to assist state agencies to
 1452         develop the employee wellness programs; providing
 1453         equal access to the programs by agency employees;
 1454         requiring the department to coordinate efforts with
 1455         the Department of Management Services and other state
 1456         agencies; authorizing each state agency to establish
 1457         an employee wellness work group to design the wellness
 1458         program; requiring the department to provide
 1459         requirements for participation fees, collaborations
 1460         with businesses, and procurement of equipment and
 1461         incentives; amending s. 385.202, F.S.; requiring
 1462         facilities, laboratories, and practitioners to report
 1463         information; authorizing the department to adopt rules
 1464         regarding reporting requirements for the cancer
 1465         registry; providing immunity from liability for
 1466         facilities and practitioners reporting certain
 1467         information; requiring the department to adopt rules
 1468         regarding the establishment and operation of a
 1469         statewide cancer registry program; requiring the
 1470         department or contractual designee operating the
 1471         statewide cancer registry program to use or publish
 1472         material only for the purpose of public health
 1473         surveillance and advancing medical research or medical
 1474         education in the interest of reducing morbidity or
 1475         mortality; authorizing the department to exchange
 1476         personal data with any agency or contractual designee
 1477         for the purpose of public health surveillance and
 1478         medical or scientific research under certain
 1479         circumstances; clarifying that the department may
 1480         adopt rules regarding the classifications of
 1481         facilities related to reports made to the cancer
 1482         registry; requiring each facility and practitioner
 1483         that reports cancer cases to the department to make
 1484         their records available for onsite review; amending s.
 1485         385.203, F.S.; increasing the size of the Diabetes
 1486         Advisory Council to include one representative of the
 1487         Florida Academy of Family Physicians; amending s.
 1488         385.206, F.S.; renaming the “hematology-oncology care
 1489         center program” as the “Pediatric Hematology-Oncology
 1490         Center Program”; revising definitions; authorizing the
 1491         department to designate centers and provide funding to
 1492         maintain programs for the care of patients with
 1493         hematologic and oncologic disorders; clarifying
 1494         provisions related to grant-funding agreements and
 1495         grant disbursements; revising the department’s
 1496         requirement to evaluate services rendered by the
 1497         centers; requiring data from the centers and other
 1498         sources relating to pediatric cancer to be available
 1499         to the department for program planning and quality
 1500         assurance initiatives; amending s. 385.207, F.S.;
 1501         clarifying provisions that require the department to
 1502         collect information regarding the number of clients
 1503         served, the outcomes reached, the expense incurred,
 1504         and fees collected by providers of epilepsy services;
 1505         deleting the provision that requires the department to
 1506         limit administrative expenses from the Epilepsy
 1507         Services Trust Fund to a certain percentage of annual
 1508         receipts; amending s. 385.210, F.S.; revising
 1509         legislative findings regarding the economic costs of
 1510         treating arthritis and its complications; authorizing
 1511         the State Surgeon General to seek any federal waivers
 1512         that may be necessary to maximize funds from the
 1513         Federal Government to implement the Arthritis
 1514         Prevention and Education Program; creating s. 385.301,
 1515         F.S.; authorizing the department to adopt rules to
 1516         administer the act; amending s. 409.904, F.S.;
 1517         conforming a cross-reference; providing an effective
 1518         date.