| 1 | A bill to be entitled |
| 2 | An act relating to tobacco education and prevention; |
| 3 | creating s. 381.84, F.S.; requiring the Department of |
| 4 | Health to conduct a statewide tobacco education and |
| 5 | prevention program; providing definitions; providing |
| 6 | legislative purpose and findings; establishing components |
| 7 | of the program; creating the Tobacco Education and |
| 8 | Prevention Advisory Council; providing membership and |
| 9 | duties of the council; providing reimbursement for travel |
| 10 | and other expenses for council members; requiring the |
| 11 | Secretary of Health to award grants in consultation with |
| 12 | the council; providing for the appointment of a peer |
| 13 | review panel to review proposals for funding; specifying |
| 14 | the use of funds appropriated under the program; requiring |
| 15 | an annual report by the department; providing rulemaking |
| 16 | authority; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 381.84, Florida Statutes, is created to |
| 21 | read: |
| 22 | 381.84 Comprehensive Statewide Tobacco Education and |
| 23 | Prevention Program.-- |
| 24 | (1) As used in this section and for purposes of the |
| 25 | provisions of s. 27, Art. X of the State Constitution, the term: |
| 26 | (a) "CDC" means the United States Centers for Disease |
| 27 | Control and Prevention. |
| 28 | (b) "Department" means the Department of Health. |
| 29 | (c) "Tobacco" means, without limitation, tobacco itself |
| 30 | and tobacco products that include tobacco and are intended or |
| 31 | expected for human use or consumption, including, but not |
| 32 | limited to, cigarettes, cigars, pipe tobacco, and smokeless |
| 33 | tobacco. |
| 34 | (d) "Youth" means minors and young adults. |
| 35 | (2) It is the purpose of this section to implement s. 27, |
| 36 | Art. X of the State Constitution. The Legislature finds that s. |
| 37 | 27, Art. X of the State Constitution is intended to require the |
| 38 | department to conduct a statewide tobacco education and |
| 39 | prevention program that focuses on youth tobacco use. The |
| 40 | Legislature further finds that the primary goals of the program |
| 41 | are to reduce the prevalence of tobacco use among youth and |
| 42 | adults, reduce per capita tobacco consumption, and reduce |
| 43 | exposure to environmental tobacco smoke. |
| 44 | (3) The department shall conduct a comprehensive, |
| 45 | statewide tobacco education and prevention program consistent |
| 46 | with the recommendations for effective program components |
| 47 | contained in the 1999 Best Practices for Comprehensive Tobacco |
| 48 | Control Programs of the CDC, as amended by the CDC. The program |
| 49 | shall include the following components, each of which shall |
| 50 | focus on educating people, particularly youth and their parents, |
| 51 | about the health hazards of tobacco and discouraging the use of |
| 52 | tobacco: |
| 53 | (a) An advertising campaign using, at a minimum, Internet, |
| 54 | print, radio, and television advertising, funded with a minimum |
| 55 | of one-third of the total annual appropriation required by s. |
| 56 | 27, Art. X of the State Constitution. |
| 57 | (b) Cessation programs, including counseling and |
| 58 | treatment. |
| 59 | (c) Evaluation of the effectiveness of community and |
| 60 | statewide programs. |
| 61 | (d) Evidence-based curricula and programs, including |
| 62 | school-based and after-school programs, which involve youth, |
| 63 | educate youth about the health hazards of tobacco, help youth |
| 64 | develop skills to refuse tobacco, and demonstrate to youth how |
| 65 | to stop using tobacco. |
| 66 | (e) Programs of local community-based partnerships, |
| 67 | including programs for the prevention, detection, and early |
| 68 | intervention of smoking-related chronic diseases. |
| 69 | (f) Training of health care providers and smoking |
| 70 | cessation counselors. |
| 71 | (4) The Tobacco Education and Prevention Advisory Council |
| 72 | is created within the department. |
| 73 | (a) The council shall consist of 14 members, including: |
| 74 | 1. The Secretary of Health, or a designee. |
| 75 | 2. Two members appointed by the Commissioner of Education, |
| 76 | of whom one must be a school district superintendent. |
| 77 | 3. The chief executive officer of the Florida Division of |
| 78 | the American Cancer Society, or a designee. |
| 79 | 4. The chief executive officer of the Greater Southeast |
| 80 | Affiliate of the American Heart Association, or a designee. |
| 81 | 5. The chief executive officer of the American Lung |
| 82 | Association of Florida, or a designee. |
| 83 | 6. Four members appointed by the Governor, of whom two |
| 84 | must have expertise in the field of tobacco prevention and |
| 85 | education or smoking cessation. |
| 86 | 7. Two members appointed by the President of the Senate, |
| 87 | of whom one must have expertise in the field of tobacco |
| 88 | prevention and education or smoking cessation. |
| 89 | 8. Two members appointed by the Speaker of the House of |
| 90 | Representatives, of whom one must have expertise in the field of |
| 91 | tobacco prevention and education or smoking cessation. |
| 92 | (b) The appointments shall be for a 3-year term and shall |
| 93 | reflect the diversity of the state's population. A vacancy shall |
| 94 | be filled by appointment by the original appointing authority |
| 95 | for the unexpired portion of the term. |
| 96 | (c) An appointed member may not serve more than two |
| 97 | consecutive terms. |
| 98 | (d) The council shall annually elect from its membership |
| 99 | one member to serve as chairperson of the council and one member |
| 100 | to serve as vice chairperson. |
| 101 | (e) The council shall meet at least quarterly and upon the |
| 102 | call of the chairperson. |
| 103 | (f) Members of the council shall serve without |
| 104 | compensation but may be reimbursed for per diem and travel |
| 105 | expenses pursuant to s. 112.061. |
| 106 | (g) The department shall provide council members with |
| 107 | information and other assistance as is reasonably necessary to |
| 108 | assist the council in carrying out its responsibilities. |
| 109 | (5) The council shall advise the Secretary of Health as to |
| 110 | the direction and scope of the Tobacco Education and Prevention |
| 111 | Program. The responsibilities of the council include, but are |
| 112 | not limited to: |
| 113 | (a) Providing advice on program priorities and emphases. |
| 114 | (b) Providing advice on the overall program budget. |
| 115 | (c) Participating in periodic program evaluation. |
| 116 | (d) Assisting in the development of guidelines to ensure |
| 117 | fairness, neutrality, and adherence to the principles of merit |
| 118 | and quality in the conduct of the program. |
| 119 | (e) Assisting in the development of administrative |
| 120 | procedures relating to solicitation, review, and award of |
| 121 | contracts and grants, to ensure an impartial, high-quality peer |
| 122 | review system. |
| 123 | (f) Assisting in the development and supervision of peer |
| 124 | review panels. |
| 125 | (g) Reviewing reports of peer review panels and making |
| 126 | recommendations for contracts and grants. |
| 127 | (h) Recommending meaningful outcome measures through a |
| 128 | regular review of tobacco prevention and education strategies |
| 129 | and programs of other states and the Federal Government. |
| 130 | (i) Recommending policies to encourage a coordinated |
| 131 | response to tobacco use in this state, focusing specifically on |
| 132 | creating partnerships within and between the public and private |
| 133 | sectors. |
| 134 | (6) Contracts and grants for the program components |
| 135 | described in subsection (3) shall be awarded by the Secretary of |
| 136 | Health, after consultation with the council, on the basis of |
| 137 | merit, as determined by an open, competitive, peer review |
| 138 | process that ensures objectivity, consistency, and high quality. |
| 139 | A recipient of a contract or grant for the program component |
| 140 | described in paragraph (3)(c) shall not be eligible for a |
| 141 | contract or grant award for any other program component |
| 142 | described in subsection (3) in the same state fiscal year. |
| 143 | (a) To ensure that all proposals for funding are |
| 144 | appropriate and are evaluated fairly on the basis of merit, the |
| 145 | Secretary of Health, in consultation with the council, shall |
| 146 | appoint a peer review panel of independent, qualified experts in |
| 147 | the field of tobacco control to review the content of each |
| 148 | proposal and establish its priority score. The priority scores |
| 149 | shall be forwarded to the council and must be considered in |
| 150 | determining which proposals shall be recommended for funding. |
| 151 | (b) The council and the peer review panel shall establish |
| 152 | and follow rigorous guidelines for ethical conduct and adhere to |
| 153 | a strict policy with regard to conflict of interest. A member of |
| 154 | the council or panel may not participate in any discussion or |
| 155 | decision with respect to a research proposal by any firm, |
| 156 | entity, or agency with which the member is associated as a |
| 157 | member of the governing body or as an employee or with which the |
| 158 | member has entered into a contractual arrangement. Meetings of |
| 159 | the council and the peer review panels shall be subject to the |
| 160 | provisions of chapter 119, s. 286.011, and s. 24, Art. I of the |
| 161 | State Constitution. |
| 162 | (c) In each contract or grant agreement, the department |
| 163 | shall limit the use of food and promotional items to no more |
| 164 | than 2.5 percent of the total amount of the contract or grant |
| 165 | and limit overhead or indirect costs to no more than 7.5 percent |
| 166 | of the total amount of the contract or grant. The department, in |
| 167 | consultation with the Department of Financial Services, shall |
| 168 | publish guidelines for appropriate food and promotional items. |
| 169 | (d) In each advertising contract, the department shall |
| 170 | limit the total of production fees, buyer commissions, and |
| 171 | related costs to no more than 5 percent of the total contract |
| 172 | amount. |
| 173 | (7) By January 31 of each year, the department shall |
| 174 | provide to the Governor, the President of the Senate, and the |
| 175 | Speaker of the House of Representatives a report that evaluates |
| 176 | the program's effectiveness in reducing and preventing tobacco |
| 177 | use and that recommends improvements to enhance the program's |
| 178 | effectiveness. The report shall contain, at a minimum, an annual |
| 179 | survey of youth attitudes and behavior toward tobacco, as well |
| 180 | as a description of the progress in reducing the prevalence of |
| 181 | tobacco use among youth and adults, reducing per capita tobacco |
| 182 | consumption, and reducing exposure to environmental tobacco |
| 183 | smoke. |
| 184 | (8) From the total funds appropriated for the |
| 185 | Comprehensive Statewide Tobacco Education and Prevention Program |
| 186 | in the General Appropriations Act, an amount of up to 5 percent |
| 187 | may be used by the department for administrative expenses. |
| 188 | (9) The department may adopt rules pursuant to ss. |
| 189 | 120.536(1) and 120.54 necessary to implement this section. |
| 190 | Section 2. This act shall take effect July 1, 2007. |