HB 5091

1	A bill to be entitled
2	An act relating to tobacco education and prevention;
3	amending s. 381.84, F.S.; providing an additional purpose
4	in implementing the Comprehensive Statewide Tobacco
5	Education and Use Prevention Program; expanding the
6	counter-marketing and advertising campaign component to
7	include utilization of innovative communication
8	strategies, including the use of physicians and dentists;
9	expanding the cessation programs, counseling, and
10	treatment component to include the use of physicians and
11	dentists; substituting the term "tobacco-use cessation"
12	for "smoking cessation"; expanding the community programs
13	and chronic disease prevention component to include
14	statewide programs; deleting county health department
15	funding eligibility; specifying purposes for the use of
16	funds distributed under the program; requiring the
17	Department of Health to award contracts and grants for
18	certain purposes; deleting obsolete language; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 381.84, Florida Statutes, is amended to
24	read:
25	381.84  Comprehensive Statewide Tobacco Education and Use
26	Prevention Program.--
27	(1)  DEFINITIONS.--As used in this section and for purposes
28	of the provisions of s. 27, Art. X of the State Constitution,
29	the term:
30	(a)  "AHEC network" means an area health education center
31	network established under s. 381.0402.
32	(b)  "CDC" means the United States Centers for Disease
33	Control and Prevention.
34	(c)  "Council" means the Tobacco Education and Use
35	Prevention Advisory Council.
36	(d)  "Department" means the Department of Health.
37	(e)  "Tobacco" means, without limitation, tobacco itself
38	and tobacco products that include tobacco and are intended or
39	expected for human use or consumption, including, but not
40	limited to, cigarettes, cigars, pipe tobacco, and smokeless
41	tobacco.
42	(f)  "Youth" means minors and young adults.
43	(2)  PURPOSE, FINDINGS, AND INTENT.--It is the purpose of
44	this section to implement s. 27, Art. X of the State
45	Constitution. The Legislature finds that s. 27, Art. X of the
46	State Constitution requires the funding of a statewide tobacco
47	education and use prevention program that focuses on tobacco use
48	by youth. The Legislature further finds that the primary goals
49	of the program are to reduce the prevalence of tobacco use among
50	youth, adults, and pregnant women; reduce per capita tobacco
51	consumption; implement interventions to detect, prevent, and
52	treat tobacco-related chronic diseases; and reduce exposure to
53	environmental tobacco smoke. Further, it is the intent of the
54	Legislature to base increases in funding for individual
55	components of the program on the results of assessments and
56	evaluations. Recognizing that some components will need to grow
57	faster than inflation, it is the intent of the Legislature to
58	fund portions of the program on a nonrecurring basis in the
59	early years so that those components that are most effective can
60	be supported as the program matures.
61	(3)  PROGRAM COMPONENTS AND REQUIREMENTS.--The department
62	shall conduct a comprehensive, statewide tobacco education and
63	use prevention program consistent with the recommendations for
64	effective program components contained in the 1999 Best
65	Practices for Comprehensive Tobacco Control Programs of the CDC,
66	as amended by the CDC. The program shall include the following
67	components, each of which shall focus on educating people,
68	particularly youth and their parents, about the health hazards
69	of tobacco and discouraging the use of tobacco:
70	(a)  Counter-marketing and advertising; Internet cyberspace
71	resource center.--The counter-marketing and advertising campaign
72	shall include, at a minimum, Internet, print, radio, and
73	television advertising and shall be funded with a minimum of
74	one-third of the total annual appropriation required by s. 27,
75	Art. X of the State Constitution.
76	1.  The campaign shall include an Internet A cyberspace
77	resource center for copyrighted materials and information
78	concerning tobacco education and use prevention, including
79	cessation, shall be maintained by the program. Such resource
80	center must be accessible to the public, including parents,
81	teachers, and students, at each level of public and private
82	schools, universities, and colleges in the state and shall
83	provide links to other relevant resources. The Internet address
84	for the resource center must be incorporated in all advertising.
85	The information maintained in the resource center shall be used
86	by the other components of the program.
87	2.  The campaign shall utilize innovative communication
88	strategies, such as targeting specific audiences through
89	personal communication devices and online networking
90	environments. The campaign shall specifically employ innovative
91	channels to disseminate the campaign message, including
92	utilizing physicians licensed under chapter 458 or chapter 459
93	and dentists licensed under chapter 466 to target specific
94	audiences and provide brief advice to quit the use of tobacco.
95	(b)  Cessation programs, counseling, and treatment.--This
96	program component shall include three two subcomponents:
97	1.  A statewide toll-free cessation service, which may
98	include counseling, referrals to other local resources and
99	support services, and treatment to the extent funds are
100	available for treatment services.; and
101	2.  A local community-based program to disseminate
102	information about tobacco-use smoking cessation, how tobacco-use
103	smoking cessation relates to prenatal care and obesity
104	prevention, and other chronic tobacco-related diseases.
105	3.  A statewide program that utilizes physicians licensed
106	under chapter 458 or chapter 459 and dentists licensed under
107	chapter 466 to deliver brief advice to quit the use of tobacco.
108	(c)  Surveillance and evaluation.--The program shall
109	conduct ongoing epidemiological surveillance and shall contract
110	for annual independent evaluations of the effectiveness of the
111	various components of the program in meeting the goals as set
112	forth in subsection (2).
113	(d)  Youth school programs.--School and after-school
114	programs shall use current evidence-based curricula and programs
115	that involve youth to educate youth about the health hazards of
116	tobacco, help youth develop skills to refuse tobacco, and
117	demonstrate to youth how to stop using tobacco.
118	(e)  Statewide and community programs and chronic disease
119	prevention.--The department shall promote and support statewide
120	and local community-based partnerships that encourage and
121	support individuals, especially youth, to make behavior choices
122	consistent with tobacco-free norms. In addition, the department
123	shall promote and support statewide and community emphasize
124	programs involving youth, including programs for the prevention,
125	detection, and treatment early intervention of tobacco-related
126	smoking-related chronic diseases, such as cancer, chronic lung
127	and respiratory diseases, and heart disease.
128	(f)  Training.--The program shall include the training of
129	health care practitioners, tobacco-use cessation smoking-
130	cessation counselors, and teachers by health professional
131	students and other tobacco-use prevention specialists who are
132	trained in preventing tobacco use and health education. Tobacco-
133	use cessation Smoking-cessation counselors shall be trained by
134	specialists who are certified in tobacco-use cessation.
135	(g)  Administration and management.--The department shall
136	administer the program within the expenditure limit established
137	in subsection (8). As part of this component, the department
138	shall coordinate the activities of the state and local tobacco
139	control community. In addition, statewide programs, and county
140	health departments.--Each county health department is eligible
141	to receive a portion of the annual appropriation, on a per
142	capita basis, for coordinating tobacco education and use
143	prevention programs within that county. Appropriated funds may
144	be used to improve the infrastructure of the county health
145	department to implement the comprehensive, statewide tobacco
146	education and use prevention program. each county health
147	department shall prominently display in all treatment rooms and
148	waiting rooms, counter-marketing and advertisement materials in
149	the form of wall posters, brochures, television advertising if
150	televisions are used in the lobby or waiting room, and
151	screensavers and Internet advertising if computer kiosks are
152	available for use or viewing by people at the county health
153	department.
154	(h)  Enforcement and awareness of related laws.--In
155	coordination with the Department of Business and Professional
156	Regulation, the program shall monitor the enforcement of laws,
157	rules, and policies prohibiting the sale or other provision of
158	tobacco to minors, as well as the continued enforcement of the
159	Clean Indoor Air Act prescribed in chapter 386. The
160	advertisements produced in accordance with paragraph (a) may
161	also include information designed to make the public aware of
162	these related laws and rules. The departments may enter into
163	interagency agreements to carry out this program component.
164	(i)  AHEC tobacco-use cessation smoking-cessation
165	initiative.--For the 2007-2008 and 2008-2009 fiscal year years
166	only, the AHEC network shall expand the AHEC tobacco-use
167	cessation smoking-cessation initiative to each county within the
168	state and perform other activities as determined by the
169	department.
170	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
171	MEETINGS.--The Tobacco Education and Use Prevention Advisory
172	Council is created within the department.
173	(a)  The council shall consist of 23 members, including:
174	1.  The State Surgeon General, who shall serve as the
175	chairperson.
176	2.  One county health department director, appointed by the
177	State Surgeon General.
178	3.  Two members appointed by the Commissioner of Education,
179	of whom one must be a school district superintendent.
180	4.  The chief executive officer of the Florida Division of
181	the American Cancer Society, or his or her designee.
182	5.  The chief executive officer of the Greater Southeast
183	Affiliate of the American Heart Association, or his or her
184	designee.
185	6.  The chief executive officer of the American Lung
186	Association of Florida, or his or her designee.
187	7.  The dean of the University of Miami School of Medicine,
188	or his or her designee.
189	8.  The dean of the University of Florida College of
190	Medicine, or his or her designee.
191	9.  The dean of the University of South Florida College of
192	Medicine, or his or her designee.
193	10.  The dean of the Florida State University College of
194	Medicine, or his or her designee.
195	11.  The dean of Nova Southeastern College of Osteopathic
196	Medicine, or his or her designee.
197	12.  The dean of the Lake Erie College of Osteopathic
198	Medicine in Bradenton, Florida, or his or her designee.
199	13.  The chief executive officer of the Campaign for
200	Tobacco Free Kids, or his or her designee.
201	14.  The chief executive officer of the Legacy Foundation,
202	or his or her designee.
203	15.  Four members appointed by the Governor, of whom two
204	must have expertise in the field of tobacco-use prevention and
205	education or tobacco-use smoking cessation and one individual
206	who shall be between the ages of 16 and 21 at the time of his or
207	her appointment.
208	16.  Two members appointed by the President of the Senate,
209	of whom one must have expertise in the field of tobacco-use
210	prevention and education or tobacco-use smoking cessation.
211	17.  Two members appointed by the Speaker of the House of
212	Representatives, of whom one must have expertise in the field of
213	tobacco-use prevention and education or tobacco-use smoking
214	cessation.
215	(b)  The appointments shall be for 3-year terms and shall
216	reflect the diversity of the state's population. A vacancy shall
217	be filled by appointment by the original appointing authority
218	for the unexpired portion of the term.
219	(c)  An appointed member may not serve more than two
220	consecutive terms.
221	(d)  The council shall meet at least quarterly and upon the
222	call of the chairperson. Meetings may be held via teleconference
223	or other electronic means.
224	(e)  Members of the council shall serve without
225	compensation, but are entitled to reimbursement for per diem and
226	travel expenses pursuant to s. 112.061. Members who are state
227	officers or employees or who are appointed by state officers or
228	employees shall be reimbursed for per diem and travel expenses
229	pursuant to s. 112.061 from the state agency through which they
230	serve.
231	(f)  The department shall provide council members with
232	information and other assistance as is reasonably necessary to
233	assist the council in carrying out its responsibilities.
234	(5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council
235	shall advise the State Surgeon General as to the direction and
236	scope of the Comprehensive Statewide Tobacco Education and Use
237	Prevention Program. The responsibilities of the council include,
238	but are not limited to:
239	(a)  Providing advice on program priorities and emphases.
240	(b)  Providing advice on the overall program budget.
241	(c)  Providing advice on copyrighted material, trademark,
242	and future transactions as they pertain to the tobacco education
243	and use prevention program.
244	(d)  Reviewing broadcast material prepared for the
245	Internet, portable media players, radio, and television as it
246	relates to the advertising component of the tobacco education
247	and use prevention program.
248	(e)  Participating in periodic program evaluation.
249	(f)  Assisting in the development of guidelines to ensure
250	fairness, neutrality, and adherence to the principles of merit
251	and quality in the conduct of the program.
252	(g)  Assisting in the development of administrative
253	procedures relating to solicitation, review, and award of
254	contracts and grants in order to ensure an impartial, high-
255	quality peer review system.
256	(h)  Assisting in the development and supervision of peer
257	review panels.
258	(i)  Reviewing reports of peer review panels and making
259	recommendations for contracts and grants.
260	(j)  Reviewing the activities and evaluating the
261	performance of the AHEC network to avoid duplicative efforts
262	using state funds.
263	(k)  Recommending meaningful outcome measures through a
264	regular review of tobacco-use prevention and education
265	strategies and programs of other states and the Federal
266	Government.
267	(l)  Recommending policies to encourage a coordinated
268	response to tobacco use in this state, focusing specifically on
269	creating partnerships within and between the public and private
270	sectors.
271	(6)  CONTRACT REQUIREMENTS.--Contracts or grants for the
272	program components or subcomponents described in paragraphs
273	(3)(a)-(f) shall be awarded by the State Surgeon General, after
274	consultation with the council, on the basis of merit, as
275	determined by an open, competitive, peer-reviewed process that
276	ensures objectivity, consistency, and high quality. The
277	department shall award such grants or contracts no later than
278	October 1 for each fiscal year. A recipient of a contract or
279	grant for the program component described in paragraph (3)(c) is
280	not eligible for a contract or grant award for any other program
281	component described in subsection (3) in the same state fiscal
282	year. A school or college of medicine that is represented on the
283	council is not eligible to receive a contract or grant under
284	this section. For the 2007-2008 and 2008-2009 fiscal years only,
285	the department shall award a contract or grant in the amount of
286	$10 million to the AHEC network for the purpose of developing
287	the components described in paragraph (3)(i). The AHEC network
288	may apply for a competitive contract or grant after the 2008-
289	2009 fiscal year.
290	(a)  In order to ensure that all proposals for funding are
291	appropriate and are evaluated fairly on the basis of merit, the
292	State Surgeon General, in consultation with the council, shall
293	appoint a peer review panel of independent, qualified experts in
294	the field of tobacco control to review the content of each
295	proposal and establish its priority score. The priority scores
296	shall be forwarded to the council and must be considered in
297	determining which proposals will be recommended for funding.
298	(b)  The council and the peer review panel shall establish
299	and follow rigorous guidelines for ethical conduct and adhere to
300	a strict policy with regard to conflicts of interest. A member
301	of the council or panel may not participate in any discussion or
302	decision with respect to a research proposal by any firm,
303	entity, or agency with which the member is associated as a
304	member of the governing body or as an employee or with which the
305	member has entered into a contractual arrangement. Meetings of
306	the council and the peer review panels are subject to chapter
307	119, s. 286.011, and s. 24, Art. I of the State Constitution.
308	(c)  In each contract or grant agreement, the department
309	shall limit the use of food and promotional items to no more
310	than 2.5 percent of the total amount of the contract or grant
311	and limit overhead or indirect costs to no more than 7.5 percent
312	of the total amount of the contract or grant. The department, in
313	consultation with the Department of Financial Services, shall
314	publish guidelines for appropriate food and promotional items.
315	(d)  In each advertising contract, the department shall
316	limit the total of production fees, buyer commissions, and
317	related costs to no more than 10 percent of the total contract
318	amount.
319	(e)  Notwithstanding the competitive process for contracts
320	prescribed in this subsection:
321	1.  For the 2008-2009 fiscal year only, the department
322	shall award a contract or grant in the amount of $6 million to
323	the AHEC network for the purpose of developing the component
324	described in paragraph (3)(i).
325	2.  For the 2008-2009 fiscal year only, the department
326	shall equally award contracts or grants totaling $4 million to
327	each medical school in this state recognized and approved by an
328	accrediting agency recognized by the United States Office of
329	Education for the purpose of implementing the component
330	described in paragraph (3)(i).
331	3.  Beginning with the 2008-2009 fiscal year and continuing
332	thereafter, the department shall award contracts or grants in
333	the amount of $10 million to the H. Lee Moffitt Cancer Center
334	and Research Institute and $1 million to the University of
335	Florida Shands Cancer Center for the purpose of implementing
336	chronic disease prevention, detection, and treatment programs in
337	accordance with paragraph (3)(e), each county health department
338	is eligible for core funding, on a per capita basis, to
339	implement tobacco education and use prevention activities within
340	that county.
341	(7)  ANNUAL REPORT REQUIRED.--By January 31 of each year,
342	the department shall provide to the Governor, the President of
343	the Senate, and the Speaker of the House of Representatives a
344	report that evaluates the program's effectiveness in reducing
345	and preventing tobacco use and that recommends improvements to
346	enhance the program's effectiveness. The report must contain, at
347	a minimum, an annual survey of youth attitudes and behavior
348	toward tobacco, as well as a description of the progress in
349	reducing the prevalence of tobacco use among youth, adults, and
350	pregnant women; reducing per capita tobacco consumption; and
351	reducing exposure to environmental tobacco smoke.
352	(8)  LIMITATION ON ADMINISTRATIVE EXPENSES.--From the total
353	funds appropriated for the Comprehensive Statewide Tobacco
354	Education and Use Prevention Program in the General
355	Appropriations Act, an amount of up to 5 percent may be used by
356	the department for administrative expenses.
357	(9)  RULEMAKING AUTHORIZED.--By January 1, 2008, The
358	department shall adopt rules pursuant to ss. 120.536(1) and
359	120.54 to administer this section.
360	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.