Senate Bill sb1126er

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



  1                                 

  2         An act relating to tobacco education and

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

  4         the Department of Health to conduct a statewide

  5         tobacco education and use prevention program;

  6         providing definitions; providing legislative

  7         purpose and findings; establishing components

  8         of the program; creating the Tobacco Education

  9         and Use Prevention Advisory Council; providing

10         membership and duties of the council; providing

11         reimbursement for travel and other expenses for

12         council members; requiring the Secretary of

13         Health to award contracts in consultation with

14         the council; providing for the appointment of a

15         peer-review panel to review proposals for

16         funding; specifying the use of funds

17         appropriated under the program; requiring an

18         annual report by the department to the Governor

19         and the Legislature; providing rulemaking

20         authority; providing an effective date.

21  

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  Use Prevention Program.--

28         (1)  DEFINITIONS.--As used in this section and for

29  purposes of the provisions of s. 27, Art. X of the State

30  Constitution, the term:

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



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

 2  center network established under s. 381.0402.

 3         (b)  "CDC" means the United States Centers for Disease

 4  Control and Prevention.

 5         (c)  "Council" means the Tobacco Education and Use

 6  Prevention Advisory Council.

 7         (d)  "Department" means the Department of Health.

 8         (e)  "Tobacco" means, without limitation, tobacco

 9  itself and tobacco products that include tobacco and are

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

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

12  smokeless tobacco.

13         (f)  "Youth" means minors and young adults.

14         (2)  PURPOSE, FINDINGS, AND INTENT.--It is the purpose

15  of this section to implement s. 27, Art. X of the State

16  Constitution. The Legislature finds that s. 27, Art. X of the

17  State Constitution requires the funding of a statewide tobacco

18  education and use prevention program that focuses on tobacco

19  use by youth. The Legislature further finds that the primary

20  goals of the program are to reduce the prevalence of tobacco

21  use among youth, adults, and pregnant women; reduce per capita

22  tobacco consumption; and reduce exposure to environmental

23  tobacco smoke. Further, it is the intent of the Legislature to

24  base increases in funding for individual components of the

25  program on the results of assessments and evaluations.

26  Recognizing that some components will need to grow faster than

27  inflation, it is the intent of the Legislature to fund

28  portions of the program on a nonrecurring basis in the early

29  years so that those components that are most effective can be

30  supported as the program matures.

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         (3)  PROGRAM COMPONENTS AND REQUIREMENTS.--The

 2  department shall conduct a comprehensive, statewide tobacco

 3  education and use prevention program consistent with the

 4  recommendations for effective program components contained in

 5  the 1999 Best Practices for Comprehensive Tobacco Control

 6  Programs of the CDC, as amended by the CDC. The program shall

 7  include the following components, each of which shall focus on

 8  educating people, particularly youth and their parents, about

 9  the health hazards of tobacco and discouraging the use of

10  tobacco:

11         (a)  Counter-marketing and advertising; cyberspace

12  resource center.--The counter-marketing and advertising

13  campaign shall include, at a minimum, Internet, print, radio,

14  and television advertising and shall be funded with a minimum

15  of one-third of the total annual appropriation required by s.

16  27, Art. X of the State Constitution. A cyberspace resource

17  center for copyrighted materials and information concerning

18  tobacco education and use prevention, including cessation,

19  shall be maintained by the program. Such resource center must

20  be accessible to the public, including parents, teachers, and

21  students, at each level of public and private schools,

22  universities, and colleges in the state and shall provide

23  links to other relevant resources. The Internet address for

24  the resource center must be incorporated in all advertising.

25  The information maintained in the resource center shall be

26  used by the other components of the program.

27         (b)  Cessation programs, counseling, and

28  treatment.--This program component shall include two

29  subcomponents:

30         1.  A statewide toll-free cessation service, which may

31  include counseling, referrals to other local resources and


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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1  support services, and treatment to the extent funds are

 2  available for treatment services; and

 3         2.  A local community-based program to disseminate

 4  information about smoking cessation, how smoking cessation

 5  relates to prenatal care and obesity prevention, and other

 6  chronic tobacco-related diseases.

 7         (c)  Surveillance and evaluation.--The program shall

 8  conduct ongoing epidemiological surveillance and shall

 9  contract for annual independent evaluations of the

10  effectiveness of the various components of the program in

11  meeting the goals as set forth in subsection (2).

12         (d)  Youth school programs.--School and after-school

13  programs shall use current evidence-based curricula and

14  programs that involve youth to educate youth about the health

15  hazards of tobacco, help youth develop skills to refuse

16  tobacco, and demonstrate to youth how to stop using tobacco.

17         (e)  Community programs and chronic disease

18  prevention.--The department shall promote and support local

19  community-based partnerships that emphasize programs involving

20  youth, including programs for the prevention, detection, and

21  early intervention of smoking-related chronic diseases.

22         (f)  Training.--The program shall include the training

23  of health care practitioners, smoking-cessation counselors,

24  and teachers by health professional students and other

25  tobacco-use prevention specialists who are trained in

26  preventing tobacco use and health education. Smoking-cessation

27  counselors shall be trained by specialists who are certified

28  in tobacco-use cessation.

29         (g)  Administration, statewide programs, and county

30  health departments.--Each county health department is eligible

31  to receive a portion of the annual appropriation, on a per


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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1  capita basis, for coordinating tobacco education and use

 2  prevention programs within that county. Appropriated funds may

 3  be used to improve the infrastructure of the county health

 4  department to implement the comprehensive, statewide tobacco

 5  education and use prevention program. Each county health

 6  department shall prominently display in all treatment rooms

 7  and waiting rooms, counter-marketing and advertisement

 8  materials in the form of wall posters, brochures, television

 9  advertising if televisions are used in the lobby or waiting

10  room, and screensavers and Internet advertising if computer

11  kiosks are available for use or viewing by people at the

12  county health department.

13         (h)  Enforcement and awareness of related laws.--In

14  coordination with the Department of Business and Professional

15  Regulation, the program shall monitor the enforcement of laws,

16  rules, and policies prohibiting the sale or other provision of

17  tobacco to minors, as well as the continued enforcement of the

18  Clean Indoor Air Act prescribed in chapter 386. The

19  advertisements produced in accordance with paragraph (a) may

20  also include information designed to make the public aware of

21  these related laws and rules. The departments may enter into

22  interagency agreements to carry out this program component.

23         (i)  AHEC smoking-cessation initiative.--For the

24  2007-2008 and 2008-2009 fiscal years only, the AHEC network

25  shall expand the AHEC smoking-cessation initiative to each

26  county within the state and perform other activities as

27  determined by the department.

28         (4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND

29  MEETINGS.--The Tobacco Education and Use Prevention Advisory

30  Council is created within the department.

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    ENROLLED

    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         (a)  The council shall consist of 23 members,

 2  including:

 3         1.  The Secretary of Health, who shall serve as the

 4  chairperson.

 5         2.  One county health department director, appointed by

 6  the Secretary of Health.

 7         3.  Two members appointed by the Commissioner of

 8  Education, of whom one must be a school district

 9  superintendent.

10         4.  The chief executive officer of the Florida Division

11  of the American Cancer Society, or his or her designee.

12         5.  The chief executive officer of the Greater

13  Southeast Affiliate of the American Heart Association, or his

14  or her designee.

15         6.  The chief executive officer of the American Lung

16  Association of Florida, or his or her designee.

17         7.  The dean of the University of Miami School of

18  Medicine, or his or her designee.

19         8.  The dean of the University of Florida College of

20  Medicine, or his or her designee.

21         9.  The dean of the University of South Florida College

22  of Medicine, or his or her designee.

23         10.  The dean of the Florida State University College

24  of Medicine, or his or her designee.

25         11.  The dean of Nova Southeastern College of

26  Osteopathic Medicine, or his or her designee.

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

28  Medicine in Bradenton, Florida, or his or her designee.

29         13.  The chief executive officer of the Campaign for

30  Tobacco Free Kids, or his or her designee.

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         14.  The chief executive officer of the Legacy

 2  Foundation, or his or her designee.

 3         15.  Four members appointed by the Governor, of whom

 4  two must have expertise in the field of tobacco-use prevention

 5  and education or smoking cessation and one individual who

 6  shall be between the ages of 16 and 21 at the time of his or

 7  her appointment.

 8         16.  Two members appointed by the President of the

 9  Senate, of whom one must have expertise in the field of

10  tobacco-use prevention and education or smoking cessation.

11         17.  Two members appointed by the Speaker of the House

12  of Representatives, of whom one must have expertise in the

13  field of tobacco-use prevention and education or smoking

14  cessation.

15         (b)  The appointments shall be for 3-year terms and

16  shall reflect the diversity of the state's population. A

17  vacancy shall be filled by appointment by the original

18  appointing authority for the unexpired portion of the term.

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

20  consecutive terms.

21         (d)  The council shall meet at least quarterly and upon

22  the call of the chairperson. Meetings may be held via

23  teleconference or other electronic means.

24         (e)  Members of the council shall serve without

25  compensation, but are entitled to reimbursement for per diem

26  and travel expenses pursuant to s. 112.061. Members who are

27  state officers or employees or who are appointed by state

28  officers or employees shall be reimbursed for per diem and

29  travel expenses pursuant to s. 112.061 from the state agency

30  through which they serve.

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         (f)  The department shall provide council members with

 2  information and other assistance as is reasonably necessary to

 3  assist the council in carrying out its responsibilities.

 4         (5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council

 5  shall advise the Secretary of Health as to the direction and

 6  scope of the Comprehensive Statewide Tobacco Education and Use

 7  Prevention Program. The responsibilities of the council

 8  include, but are not limited to:

 9         (a)  Providing advice on program priorities and

10  emphases.

11         (b)  Providing advice on the overall program budget.

12         (c)  Providing advice on copyrighted material,

13  trademark, and future transactions as they pertain to the

14  tobacco education and use prevention program.

15         (d)  Reviewing broadcast material prepared for the

16  Internet, portable media players, radio, and television as it

17  relates to the advertising component of the tobacco education

18  and use prevention program.

19         (e)  Participating in periodic program evaluation.

20         (f)  Assisting in the development of guidelines to

21  ensure fairness, neutrality, and adherence to the principles

22  of merit and quality in the conduct of the program.

23         (g)  Assisting in the development of administrative

24  procedures relating to solicitation, review, and award of

25  contracts and grants in order to ensure an impartial,

26  high-quality peer-review system.

27         (h)  Assisting in the development and supervision of

28  peer-review panels.

29         (i)  Reviewing reports of peer-review panels and making

30  recommendations for contracts and grants.

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    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         (j)  Reviewing the activities and evaluating the

 2  performance of the AHEC network to avoid duplicative efforts

 3  using state funds.

 4         (k)  Recommending meaningful outcome measures through a

 5  regular review of tobacco-use prevention and education

 6  strategies and programs of other states and the Federal

 7  Government.

 8         (l)  Recommending policies to encourage a coordinated

 9  response to tobacco use in this state, focusing specifically

10  on creating partnerships within and between the public and

11  private sectors.

12         (6)  CONTRACT REQUIREMENTS.--Contracts or grants for

13  the program components or subcomponents described in

14  paragraphs (3)(a)-(f) shall be awarded by the Secretary of

15  Health, after consultation with the council, on the basis of

16  merit, as determined by an open, competitive, peer-reviewed

17  process that ensures objectivity, consistency, and high

18  quality. The department shall award such grants or contracts

19  no later than October 1 for each fiscal year. A recipient of a

20  contract or grant for the program component described in

21  paragraph (3)(c) is not eligible for a contract or grant award

22  for any other program component described in subsection (3) in

23  the same state fiscal year. A school or college of medicine

24  that is represented on the council is not eligible to receive

25  a contract or grant under this section. For the 2007-2008 and

26  2008-2009 fiscal years only, the department shall award a

27  contract or grant in the amount of $10 million to the AHEC

28  network for the purpose of developing the components described

29  in paragraph (3)(i). The AHEC network may apply for a

30  competitive contract or grant after the 2008-2009 fiscal year.

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    ENROLLED

    2007 Legislature                 CS for SB 1126, 1st Engrossed



 1         (a)  In order to ensure that all proposals for funding

 2  are appropriate and are evaluated fairly on the basis of

 3  merit, the Secretary of Health, in consultation with the

 4  council, shall appoint a peer-review panel of independent,

 5  qualified experts in the field of tobacco control to review

 6  the content of each proposal and establish its priority score.

 7  The priority scores shall be forwarded to the council and must

 8  be considered in determining which proposals will be

 9  recommended for funding.

10         (b)  The council and the peer-review panel shall

11  establish and follow rigorous guidelines for ethical conduct

12  and adhere to a strict policy with regard to conflicts of

13  interest. A member of the council or panel may not participate

14  in any discussion or decision with respect to a research

15  proposal by any firm, entity, or agency with which the member

16  is associated as a member of the governing body or as an

17  employee or with which the member has entered into a

18  contractual arrangement. Meetings of the council and the

19  peer-review panels are subject to chapter 119, s. 286.011, and

20  s. 24, Art. I of the State Constitution.

21         (c)  In each contract or grant agreement, the

22  department shall limit the use of food and promotional items

23  to no more than 2.5 percent of the total amount of the

24  contract or grant and limit overhead or indirect costs to no

25  more than 7.5 percent of the total amount of the contract or

26  grant. The department, in consultation with the Department of

27  Financial Services, shall publish guidelines for appropriate

28  food and promotional items.

29         (d)  In each advertising contract, the department shall

30  limit the total of production fees, buyer commissions, and

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 1  related costs to no more than 10 percent of the total contract

 2  amount.

 3         (e)  Notwithstanding the competitive process for

 4  contracts prescribed in this subsection, each county health

 5  department is eligible for core funding, on a per capita

 6  basis, to implement tobacco education and use prevention

 7  activities within that county.

 8         (7)  ANNUAL REPORT REQUIRED.--By January 31 of each

 9  year, the department shall provide to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives a report that evaluates the program's

12  effectiveness in reducing and preventing tobacco use and that

13  recommends improvements to enhance the program's

14  effectiveness. The report must contain, at a minimum, an

15  annual survey of youth attitudes and behavior toward tobacco,

16  as well as a description of the progress in reducing the

17  prevalence of tobacco use among youth, adults, and pregnant

18  women; reducing per capita tobacco consumption; and reducing

19  exposure to environmental tobacco smoke.

20         (8)  LIMITATION ON ADMINISTRATIVE EXPENSES.--From the

21  total funds appropriated for the Comprehensive Statewide

22  Tobacco Education and Use Prevention Program in the General

23  Appropriations Act, an amount of up to 5 percent may be used

24  by the department for administrative expenses.

25         (9)  RULEMAKING AUTHORIZED.--By January 1, 2008, the

26  department shall adopt rules pursuant to ss. 120.536(1) and

27  120.54 to administer this section.

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

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