| 1 | A bill to be entitled |
| 2 | An act relating to the prevention of obesity; amending s. |
| 3 | 381.0054, F.S.; requiring the Department of Health to |
| 4 | collaborate with other state agencies in developing |
| 5 | policies and strategies to prevent obesity which shall be |
| 6 | incorporated into agency programs; requiring the |
| 7 | department to advise health care practitioners regarding |
| 8 | morbidity, mortality, and costs associated with the |
| 9 | condition of being overweight or obese; requiring the |
| 10 | department to inform health care practitioners about |
| 11 | clinical best practices for obesity prevention and to |
| 12 | encourage practitioners to counsel their patients |
| 13 | regarding the adoption of healthy lifestyles; requiring |
| 14 | the Department of Health in partnership with the |
| 15 | Department of Education to award grants to local school |
| 16 | districts to implement a pilot program to promote healthy |
| 17 | eating habits, increase physical activity, and improve |
| 18 | fitness; specifying requirements for the pilot program; |
| 19 | requiring the Office of Program Policy Analysis and |
| 20 | Government Accountability to complete a report to |
| 21 | determine the program's effectiveness in changing body |
| 22 | mass index, increasing knowledge, and improving attitudes |
| 23 | and behaviors of students related to nutrition and |
| 24 | physical activity; requiring the Department of Health and |
| 25 | the program provider to seek partnerships with various |
| 26 | entities and organizations for assistance in providing |
| 27 | funding and resources; requiring school districts that |
| 28 | participate in the pilot program to collect certain |
| 29 | information that is identified by the Office of Program |
| 30 | Policy Analysis and Government Accountability for the |
| 31 | evaluation of the program's effectiveness; providing an |
| 32 | appropriation; providing an effective date. |
| 33 |
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| 34 | WHEREAS, in 2003, 14 percent of high school students were |
| 35 | at risk of being overweight and an additional 12.4 percent were |
| 36 | overweight, and |
| 37 | WHEREAS, in 2003, more than 50 percent of high school |
| 38 | students did not participate in any physical education at |
| 39 | school, and |
| 40 | WHEREAS, in 2003, only approximately 20.7 percent of high |
| 41 | school students in this state ate five or more servings of |
| 42 | fruits or vegetables each day in a 7-day period, and |
| 43 | WHEREAS, in 2003, 42.7 percent of high school students |
| 44 | watched television for 3 or more hours on an average school day, |
| 45 | and |
| 46 | WHEREAS, in 2003, 39.9 percent of middle school students |
| 47 | did not go to physical education classes at all during an |
| 48 | average school week, and |
| 49 | WHEREAS, in 2003, on an average school day, 45.3 percent of |
| 50 | middle school students watched television for 3 or more hours, |
| 51 | 18.2 percent used the computer for fun for 3 or more hours, and |
| 52 | 14.8 percent reported playing video games for 3 or more hours, |
| 53 | and |
| 54 | WHEREAS, in 2003, only 11.3 percent of middle school |
| 55 | students reported eating five or more servings of fruits and |
| 56 | vegetables per day, and |
| 57 | WHEREAS, approximately 60 percent of overweight children |
| 58 | have at least one risk factor for cardiovascular disease such as |
| 59 | high blood pressure or high cholesterol, and about 25 percent of |
| 60 | overweight children have two or more risk factors, and |
| 61 | WHEREAS, 25 percent of adults and children are obese and 15 |
| 62 | million Americans are morbidly obese, and |
| 63 | WHEREAS, obesity as a cause of death is preventable and |
| 64 | 20,000 Floridians die annually from obesity-related diseases, |
| 65 | and |
| 66 | WHEREAS, obesity-related medical expenditures for adults in |
| 67 | this state total more than $3.9 billion yearly, with over half |
| 68 | of the costs being financed by Medicare and Medicaid, NOW, |
| 69 | THEREFORE, |
| 70 |
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| 71 | Be It Enacted by the Legislature of the State of Florida: |
| 72 |
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| 73 | Section 1. Subsection (1) of section 381.0054, Florida |
| 74 | Statutes, is amended to read: |
| 75 | 381.0054 Healthy lifestyles promotion.-- |
| 76 | (1) The Department of Health shall promote healthy |
| 77 | lifestyles to reduce the prevalence of excess weight gain |
| 78 | overweight and obesity in Florida by implementing appropriate |
| 79 | physical activity and nutrition programs that are directed |
| 80 | towards target all Floridians by: |
| 81 | (a) Using all appropriate media to promote maximum public |
| 82 | awareness of the latest research on healthy lifestyles and |
| 83 | chronic diseases and disseminating relevant information through |
| 84 | a statewide clearinghouse relating to wellness, physical |
| 85 | activity, and nutrition and their impact on chronic diseases and |
| 86 | disabling conditions. |
| 87 | (b) Providing technical assistance, training, and |
| 88 | resources on healthy lifestyles and chronic diseases to the |
| 89 | public, county health departments, health care providers, school |
| 90 | districts, and other persons or entities, including faith-based |
| 91 | organizations, that request such assistance to promote physical |
| 92 | activity, nutrition, and healthy lifestyle programs. |
| 93 | (c) Developing, implementing, and using all available |
| 94 | research methods to collect data, including, but not limited to, |
| 95 | population-specific data, and track the incidence and effects of |
| 96 | weight gain, obesity, and related chronic diseases. The |
| 97 | department shall include an evaluation and data collection |
| 98 | component in all programs as appropriate. |
| 99 | (d) Partnering with the Department of Education, local |
| 100 | communities, school districts, and other entities to encourage |
| 101 | Florida schools to promote activities during and after school to |
| 102 | help students meet a minimum goal of 60 minutes of activity per |
| 103 | day. |
| 104 | (e) Partnering with the Department of Education, school |
| 105 | districts, and the Florida Sports Foundation to develop a |
| 106 | program that recognizes schools whose students demonstrate |
| 107 | excellent physical fitness or fitness improvement. |
| 108 | (f) Collaborating with other state agencies to develop |
| 109 | policies and strategies for preventing obesity, which shall be |
| 110 | incorporated into programs administered by each agency and shall |
| 111 | include promoting healthy lifestyles of employees of each |
| 112 | agency. |
| 113 | (g) Advising, in accordance with s. 456.081, health care |
| 114 | practitioners licensed in this state regarding the morbidity, |
| 115 | mortality, and costs associated with the condition of being |
| 116 | overweight or obese, informing such practitioners of clinical |
| 117 | best practices for preventing obesity, and encouraging |
| 118 | practitioners to counsel their patients regarding the adoption |
| 119 | of healthy lifestyles. |
| 120 | (h)(f) Maximizing all local, state, and federal funding |
| 121 | sources, including grants, public-private partnerships, and |
| 122 | other mechanisms, to strengthen the department's current |
| 123 | physical activity and nutrition programs and to enhance similar |
| 124 | county health department programs. |
| 125 | Section 2. (1) The Department of Health in partnership |
| 126 | with the Department of Education shall award grants to local |
| 127 | school districts to implement a 3-year pilot program that is |
| 128 | directed towards students in the 4th and 5th grades in 10 |
| 129 | geographically and demographically diverse counties. The pilot |
| 130 | program must: |
| 131 | (a) Have a program provider. The program provider shall: |
| 132 | 1. Have a prevention-education program currently in use |
| 133 | throughout the school districts in this state in order to |
| 134 | receive funds under the grants provided by the pilot program; |
| 135 | 2. Promote the "Fresh 2-U" campaign by the Department of |
| 136 | Agriculture and Consumer Services; |
| 137 | 3. Have an established partnership with the Produce for |
| 138 | Better Health Foundation and promote its "5 A Day the Color Way" |
| 139 | campaign; and |
| 140 | 4. Work with school districts to use multimedia methods |
| 141 | and awareness events and promote healthful nutrition and |
| 142 | physical activity opportunities throughout the school year |
| 143 | targeting students, staff, parents, and caregivers. |
| 144 | (b) Establish a school-based program in elementary schools |
| 145 | for purposes of promoting healthy eating habits, increasing |
| 146 | physical activity, and improving fitness, and include a formal |
| 147 | curriculum on physical activity and nutrition that is consistent |
| 148 | with recommendations from the Governor's Task Force on the |
| 149 | Obesity Epidemic, February 2004. |
| 150 | (c) Provide education and professional-development |
| 151 | training to teachers on how to implement the program to model |
| 152 | physical activity and healthy eating behavior and on the |
| 153 | importance of building positive physical habits during school |
| 154 | and away from school. |
| 155 | (d) Empower teachers to facilitate educational |
| 156 | opportunities to support and sustain lifelong physical activity |
| 157 | and healthy eating. |
| 158 | (e) Incorporate physical activity and nutrition education |
| 159 | into core classroom subject areas and various curricula, |
| 160 | including, but not limited to, math, science, home economics, |
| 161 | and language arts, and must be linked to the Sunshine State |
| 162 | Standards. |
| 163 | (f) Integrate nutrition and physical activities into other |
| 164 | educational opportunities both inside and outside the classroom. |
| 165 | Teachers, administrators, school food service personnel, other |
| 166 | school personnel, and parents and students shall collaborate on |
| 167 | creating a positive physical activity and healthy nutrition |
| 168 | environment. The program must also include resources and |
| 169 | activities that engage and involve parents and caregivers. |
| 170 | (g) Provide resources and education for core classroom |
| 171 | teachers to promote collaboration between the physical education |
| 172 | and core classroom teachers and create a comprehensive |
| 173 | educational experience for the students to develop the skills, |
| 174 | knowledge, and attitudes to make healthy decisions using |
| 175 | critical thinking skills throughout their lives, while enhancing |
| 176 | students' reading and academic skills. |
| 177 | (h) Provide resources that are sustainable and provide |
| 178 | open, web-based resources to teachers and students across the |
| 179 | state. |
| 180 | (i) Be compliant with applicable state education |
| 181 | standards. |
| 182 | (j) Have nutrition-education activities that are developed |
| 183 | in partnership with the Produce for Better Health Foundation. |
| 184 | (k) Be evidence based and research based and have had |
| 185 | results published in a peer-reviewed journal demonstrating a |
| 186 | statistically significant reduction in body mass index and an |
| 187 | increase in fruit and vegetable consumption and levels of |
| 188 | physical activity among participating students. |
| 189 | (l) Hire a statewide coordinator to provide ongoing |
| 190 | support for teachers and staff who implement the program. |
| 191 | (2) At the completion of the 3-year pilot program, the |
| 192 | Office of Program Policy Analysis and Government Accountability |
| 193 | shall conduct a performance evaluation to determine the |
| 194 | program's effectiveness in changing body mass index, increasing |
| 195 | knowledge, and improving attitudes and behaviors of students |
| 196 | related to nutrition and physical activity. Following the |
| 197 | completion of the 2006-2007 and 2007-2008 school years, the |
| 198 | Office of Program Policy Analysis and Government Accountability |
| 199 | shall submit interim reports to the President of the Senate and |
| 200 | the Speaker of the House of Representatives. |
| 201 | (3) To be eligible for the grant, school districts must |
| 202 | agree to collect information that the Office of Program Policy |
| 203 | Analysis and Government Accountability needs to conduct its |
| 204 | evaluations. This information will facilitate the Office of |
| 205 | Program Policy Analysis and Government Accountability's |
| 206 | evaluation of the pilot program's effectiveness in changing body |
| 207 | mass index and increasing knowledge and improving attitudes and |
| 208 | behaviors related to nutrition and physical activity. The Office |
| 209 | of Program Policy Analysis and Government Accountability must |
| 210 | supply a form for participating school districts to record the |
| 211 | information and identify the information that must be collected |
| 212 | for the evaluation. The school district must collect baseline |
| 213 | and end-of-school-year information concerning the participating |
| 214 | students. |
| 215 | (4) In addition to working with the Department of |
| 216 | Education and local school districts, the Department of Health, |
| 217 | working together with the program provider, shall seek |
| 218 | partnerships with local businesses, industries, corporations, |
| 219 | philanthropic foundations, and other organizations and shall |
| 220 | seek state and federal grant opportunities that may assist in |
| 221 | providing funding or resources to schools. |
| 222 | Section 3. The sum of $_______ is appropriated from the |
| 223 | General Revenue Fund to the Department of Health for the 2006- |
| 224 | 2007 fiscal year to implement the provisions of s. 381.0054, |
| 225 | Florida Statutes. |
| 226 | Section 4. This act shall take effect July 1, 2006. |