Senate Bill sb1126c1

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    Florida Senate - 2007                           CS for SB 1126

    By the Committee on Health and Human Services Appropriations;
    and Senator Peaden




    603-2260-07

  1                      A bill to be entitled

  2         An act relating to tobacco education and

  3         prevention; creating s. 381.84, F.S.; providing

  4         legislative findings; providing definitions;

  5         requiring the Department of Health to establish

  6         a comprehensive statewide tobacco education and

  7         prevention program; requiring the department to

  8         contract with the AHEC network and to expand

  9         the smoking cessation initiative to each

10         county; providing components of the program;

11         creating the Tobacco Education and Prevention

12         Advisory Council; providing for membership;

13         providing for terms of appointment; providing

14         for reimbursement for per diem and travel

15         expenses; providing the responsibilities of the

16         council; requiring the department to submit an

17         annual report to the Governor and the

18         Legislature; providing requirements for the

19         report; requiring the department to adopt

20         rules; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 381.84, Florida Statutes, is

25  created to read:

26         381.84  Comprehensive Statewide Tobacco Education and

27  Prevention Program.--

28         (1)  It is the purpose of this section to implement s.

29  27, Art. X of the State Constitution. The Legislature finds

30  that s. 27, Art. X of the State Constitution requires funding

31  of a statewide tobacco education and prevention program that

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    Florida Senate - 2007                           CS for SB 1126
    603-2260-07




 1  focuses on tobacco use by youth. The Legislature further finds

 2  that the primary goals of the program are to reduce the

 3  prevalence of tobacco use among youth and adults, reduce per

 4  capita tobacco consumption, and reduce exposure to

 5  environmental tobacco smoke. Further, it is the intent of the

 6  Legislature to base increases in funding for individual

 7  components of the program on the results of assessments and

 8  evaluations. Recognizing that some components will need to

 9  grow faster than inflation, it is the intent of the

10  Legislature to fund portions of the program on a non-recurring

11  basis in the early years so that those components that are

12  most effective can be supported as the program matures.

13         (2)  As used in this section, the term:

14         (a)  "AHEC network" means an area health education

15  center network established under s. 381.0402.

16         (b)  "Council" means the Tobacco Education and

17  Prevention Oversight Council.

18         (c)  "Department" means the Department of Health.

19         (d)  "Tobacco" means, without limitation, tobacco

20  itself and tobacco products that include tobacco and are

21  intended or expected for human use or consumption, including,

22  but not limited to, cigarettes, cigars, pipe tobacco, and

23  smokeless tobacco.

24         (e)  "Youth" means minors and young adults.

25         (3)  The department shall conduct a comprehensive,

26  statewide tobacco education and prevention program consistent

27  with the recommendations for effective program components

28  contained in the 1999 Best Practices for Comprehensive Tobacco

29  Control Programs of the Centers for Disease Control and

30  Prevention, as amended. The department shall contract with the

31  AHEC network to disseminate information about smoking

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    Florida Senate - 2007                           CS for SB 1126
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 1  cessation, how smoking cessation relates to prenatal care and

 2  and obesity prevention, and other chronic tobacco-related

 3  diseases. The department shall expand the existing AHEC

 4  smoking cessation initiative to each county in the state where

 5  appropriated funds may be used to improve the infrastructure

 6  of the county health department to implement the

 7  comprehensive, statewide tobacco education and prevention

 8  program. This program must include the following components,

 9  each of which must focus on educating people, particularly

10  youth and their parents, about the health hazards of tobacco

11  and discouraging the use of tobacco:

12         (a)  An advertising campaign, including

13  counter-marketing, must consist of, but need not be limited

14  to, television, radio, the Internet, and print advertising,

15  which is funded with a minimum of one-third of each total

16  annual appropriation required by s. 27, Art. X of the State

17  Constitution. A cyberspace repository and its Internet address

18  for information concerning smoking cessation must be used in

19  the advertising campaign. Such repository must be accessible

20  to the public at each level of public and private schools,

21  universities, and colleges in the state and provide links and

22  resources with respect to smoking cessation and how it relates

23  to obesity prevention, cardiovascular disease, prenatal care,

24  and other chronic tobacco-related diseases. The department

25  shall copyright the material contained in this cyberspace

26  repository. Information about smoking cessation may be

27  inserted into this repository after proper review by a peer

28  review panel consisting of AHEC staff members and the council.

29  This information shall be distributed through the AHEC

30  network, county health departments, and contemporary

31  

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    Florida Senate - 2007                           CS for SB 1126
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 1  communication searches, including, but not limited to, the use

 2  of portable media players.

 3         (b)  Cessation programs, including counseling and

 4  treatment.

 5         (c)  Evidence-based curricula and programs involving

 6  youth, including school-based and after-school programs, which

 7  educate youth about the health hazards of tobacco, help youth

 8  develop skills to refuse tobacco, and demonstrate to youth how

 9  to stop using tobacco.

10         (d)  Programs of local, community-based partnerships,

11  including programs for the prevention, detection, and early

12  intervention of smoking-related chronic diseases.

13         (e)  An evaluation of the effectiveness of community

14  and statewide programs and program accountability.

15         (f)  The training of health care providers and smoking

16  cessation counselors.

17         (g)  The training of teachers by health professional

18  students who are trained in preventing tobacco use and health

19  education.

20         (h)  The continued enforcement of laws, rules, and

21  policies prohibiting the sale or other provision of tobacco to

22  minors and the possession of tobacco by minors.

23         (4)  The Tobacco Education and Prevention Advisory

24  Council is created within the department. The Secretary of

25  Health shall be a voting member of the council and act as

26  chairperson.

27         (a)  The council shall consist of 14 members,

28  including:

29         1.  The Secretary of Health, or his or her designee;

30         2.  The dean of the University of Miami School of

31  Medicine, or his or her designee;

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    Florida Senate - 2007                           CS for SB 1126
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 1         3.  The dean of the University of Florida College of

 2  Medicine, or his or her designee;

 3         4.  The dean of the University of South Florida College

 4  of Medicine, or his or her designee;

 5         5.  The dean of the Florida State University College of

 6  Medicine, or his or her designee;

 7         6.  The dean of Nova Southeastern University College of

 8  Osteopathic Medicine, or his or her designee;

 9         7.  The dean of the Charles E. Schmidt College of

10  Biomedical Science at Florida Atlantic University, or his or

11  her designee;

12         8.  The dean of the Lake Erie College of Osteopathic

13  Medicine in Bradenton, Florida, or his or her designee;

14         9.  The chief executive officer of the Greater

15  Southeast Affiliate of the American Heart Association, or his

16  or her designee;

17         10.  The chief executive officer of the American Lung

18  Association of Florida, or his or her designee;

19         11.  The chief executive officer of the Florida

20  Division of the American Cancer Society, or his or her

21  designee;

22         12.  A student member from a professional health care

23  school in this state appointed by the Speaker of the House of

24  Representatives;

25         13.  One member appointed by the Governor; and

26         14.  One member appointed by the President of the

27  Senate.

28         (b)  For the purpose of providing staggered terms, the

29  members appointed by the Governor, the President of the

30  Senate, and the Speaker of the House of Representatives shall

31  be appointed for 2-year terms, and the chief executive officer

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    Florida Senate - 2007                           CS for SB 1126
    603-2260-07




 1  of the Greater Southeast Affiliate of the American Heart

 2  Association, or his or her designee, and the chief executive

 3  officer of the American Lung Association of Florida, or his or

 4  her designee, shall be appointed for 4-year terms.

 5         (c)  An appointed member may not serve more than two

 6  consecutive terms.

 7         (d)  A vacancy shall be filled by appointment by the

 8  original appointing authority for the unexpired portion of the

 9  term.

10         (e)  The oversight council shall meet at least

11  quarterly and upon the call of the chairperson.

12         (f)  Members of the oversight council shall serve

13  without compensation, but shall be reimbursed for per diem and

14  travel expenses pursuant to s. 112.061. Members who are state

15  officers or employees or who are appointed by state officers

16  or employees shall be reimbursed for per diem and travel

17  expenses pursuant to s. 112.061 from the state agency through

18  which they serve.

19         (g)  The department shall provide staff, information,

20  and other assistance as is reasonably necessary to assist the

21  council in carrying out its responsibilities.

22         (h)  The council shall advise the Secretary of Health

23  as to the direction and scope of the tobacco education and

24  prevention program. The responsibilities of the council

25  include, but are not limited to:

26         1.  Reviewing the activities and evaluating the

27  performance of the AHEC network with regard to the tobacco

28  education and prevention program;

29         2.  Providing advice and reviewing the overall program

30  budget;

31  

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    Florida Senate - 2007                           CS for SB 1126
    603-2260-07




 1         3.  Providing advice on copyrighted material,

 2  trademark, and future transactions; and

 3         4.  Reviewing broadcast material prepared for the

 4  Internet and portable media players which is related to

 5  tobacco education and prevention.

 6         (5)  By January 31 of each year, the department shall

 7  submit a report to the Governor, the President of the Senate,

 8  and the Speaker of the House of Representatives which

 9  evaluates the program's effectiveness in reducing and

10  preventing tobacco use and recommends improvements to enhance

11  the program's effectiveness. The report must contain, at a

12  minimum, an annual survey of youth attitudes and behavior

13  toward tobacco and a description of the progress made in

14  reducing the prevalence of tobacco use among youth and adults,

15  in reducing per capita tobacco consumption, and in reducing

16  exposure to environmental tobacco smoke.

17         (6)  The department may adopt rules necessary to

18  administer this section.

19         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                           CS for SB 1126
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1126

 3                                 

 4  Provides intent language to require funding and implementation
    of s. 27, Art. X of the State Constitution (Amendment 4).
 5  Further specifies that program funding is to be based on the
    results of assessments and evaluations and that portions of
 6  the program are to be funded on a non-recurring basis.

 7  Requires the Department of Health to conduct a comprehensive,
    statewide tobacco education and prevention program consistent
 8  with the 1999 Best Practices for Comprehensive Tobacco Control
    Programs of the Centers for Disease Control, as amended.
 9  
    Requires the department to contract with the Area Health
10  Education Center (AHEC) network to disseminate information
    about smoking cessation and how it relates to prenatal care,
11  obesity prevention, and other chronic tobacco-related
    diseases.
12  
    Requires statewide expansion of the existing AHEC smoking
13  cessation initiative to each county health department where
    funds may be used to improve the infrastructure of the county
14  health department to implement the program.

15  Requires the department to include the following components:

16       o    An advertising campaign with a cyberspace repository
              and Internet address for accessing information at
17            each level of public and private schools,
              universities and colleges
18  
         o    Cessation programs, including counseling and
19            treatment

20       o    Evidence-based curricula and programs

21       o    Programs of  local, community-based partnerships

22       o    Evaluation of program effectiveness and program
              accountability
23  
         o    Training of health care providers and smoking
24            cessation counselors

25       o    Training of teachers by health professional students

26       o    Continued enforcement of laws and policies
              prohibiting the sale and possession of tobacco by
27            minors

28  Creates the Tobacco Education and Prevention Advisory Council,
    (consisting of 14 members) to advise the Secretary of Health
29  on program matters.

30  Provides responsibilities of the council to include:
    reviewing the activities and evaluating the performance of the
31  AHEC network; providing advice on copyrighted material,
    trademark, and future transactions; and reviewing broadcast
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    Florida Senate - 2007                           CS for SB 1126
    603-2260-07




 1  material prepared for the internet and portable media players.

 2  Requires the department to annually report on the program's
    effectiveness, including a survey of youth attitudes and
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