HB 7015

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	14.20195, 16.615, 39.001, 39.303, 110.205, 112.061,
4	112.3145, 114.04, 120.80, 154.02, 154.04, 154.505,
5	215.5601, 215.5602, 335.067, 377.901, 381.0057, 381.0303,
6	381.0403, 381.4018, 381.7353, 381.78, 381.79, 381.84,
7	381.853, 381.855, 381.86, 381.90, 381.911, 381.912,
8	381.92, 381.922, 381.98, 381.983, 381.984, 381.985,
9	383.14, 383.216, 383.2162, 383.336, 383.402, 385.203,
10	385.210, 388.46, 391.028, 391.221, 391.223, 397.333,
11	400.235, 401.23, 401.245, 401.421, 402.56, 403.862,
12	406.02, 408.916, 409.352, 409.91255, 413.271, 420.622,
13	456.005, 456.011, 456.012, 456.072, 456.073, 456.074,
14	456.076, 457.109, 458.311, 458.313, 458.316, 458.3165,
15	458.331, 458.346, 458.347, 459.0055, 459.015, 459.022,
16	460.413, 461.004, 463.0055, 464.003, 464.018, 464.2085,
17	466.004, 466.028, 467.003, 467.004, 468.1295, 468.1755,
18	468.301, 468.314, 468.354, 468.506, 478.44, 480.042,
19	483.825, 483.901, 484.042, 486.125, 487.041, 490.009,
20	491.009, 499.012, 499.01211, 499.024, 499.065, 500.033,
21	514.0231, 768.1326, 943.0313, and 1004.435, F.S., pursuant
22	to the directive of the Legislature in s. 3, ch. 2007-40,
23	Laws of Florida, to redesignate the Secretary of Health as
24	the State Surgeon General wherever the term appears in the
25	Florida Statutes; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (b) of subsection (2) of section
30	14.20195, Florida Statutes, is amended to read:
31	14.20195  Suicide Prevention Coordinating Council;
32	creation; membership; duties.--There is created within the
33	Statewide Office for Suicide Prevention a Suicide Prevention
34	Coordinating Council. The council shall develop strategies for
35	preventing suicide.
36	(2)  MEMBERSHIP.--The Suicide Prevention Coordinating
37	Council shall consist of 28 voting members.
38	(b)  The following state officials or their designees shall
39	serve on the coordinating council:
40	1.  The Secretary of Elderly Affairs.
41	2.  The State Surgeon General Secretary of Health.
42	3.  The Commissioner of Education.
43	4.  The Secretary of Health Care Administration.
44	5.  The Secretary of Juvenile Justice.
45	6.  The Secretary of Corrections.
46	7.  The executive director of the Department of Law
47	Enforcement.
48	8.  The executive director of the Department of Veterans'
49	Affairs.
50	9.  The Secretary of Children and Family Services.
51	10.  The director of the Agency for Workforce Innovation.
52	Section 2.  Paragraph (e) of subsection (1) of section
53	16.615, Florida Statutes, is amended to read:
54	16.615  Council on the Social Status of Black Men and
55	Boys.--
56	(1)  The Council on the Social Status of Black Men and Boys
57	is established within the Department of Legal Affairs and shall
58	consist of 19 members appointed as follows:
59	(e)  The State Surgeon General Secretary of Health or his
60	or her designee.
61	Section 3.  Paragraph (c) of subsection (7) of section
62	39.001, Florida Statutes, is amended to read:
63	39.001  Purposes and intent; personnel standards and
64	screening.--
65	(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.--
66	(c)  The office is authorized and directed to:
67	1.  Oversee the preparation and implementation of the state
68	plan established under subsection (8) and revise and update the
69	state plan as necessary.
70	2.  Provide for or make available continuing professional
71	education and training in the prevention of child abuse and
72	neglect.
73	3.  Work to secure funding in the form of appropriations,
74	gifts, and grants from the state, the Federal Government, and
75	other public and private sources in order to ensure that
76	sufficient funds are available for the promotion of adoption,
77	support of adoptive families, and child abuse prevention
78	efforts.
79	4.  Make recommendations pertaining to agreements or
80	contracts for the establishment and development of:
81	a.  Programs and services for the promotion of adoption,
82	support of adoptive families, and prevention of child abuse and
83	neglect.
84	b.  Training programs for the prevention of child abuse and
85	neglect.
86	c.  Multidisciplinary and discipline-specific training
87	programs for professionals with responsibilities affecting
88	children, young adults, and families.
89	d.  Efforts to promote adoption.
90	e.  Postadoptive services to support adoptive families.
91	5.  Monitor, evaluate, and review the development and
92	quality of local and statewide services and programs for the
93	promotion of adoption, support of adoptive families, and
94	prevention of child abuse and neglect and shall publish and
95	distribute an annual report of its findings on or before January
96	1 of each year to the Governor, the Speaker of the House of
97	Representatives, the President of the Senate, the head secretary
98	of each state agency affected by the report, and the appropriate
99	substantive committees of the Legislature. The report shall
100	include:
101	a.  A summary of the activities of the office.
102	b.  A summary of the adoption data collected and reported
103	to the federal Adoption and Foster Care Analysis and Reporting
104	System (AFCARS) and the federal Administration for Children and
105	Families.
106	c.  A summary of the child abuse prevention data collected
107	and reported to the National Child Abuse and Neglect Data System
108	(NCANDS) and the federal Administration for Children and
109	Families.
110	d.  A summary detailing the timeliness of the adoption
111	process for children adopted from within the child welfare
112	system.
113	e.  Recommendations, by state agency, for the further
114	development and improvement of services and programs for the
115	promotion of adoption, support of adoptive families, and
116	prevention of child abuse and neglect.
117	f.  Budget requests, adoption promotion and support needs,
118	and child abuse prevention program needs by state agency.
119	6.  Work with the direct-support organization established
120	under s. 39.0011 to receive financial assistance.
121	Section 4.  Section 39.303, Florida Statutes, is amended to
122	read:
123	39.303  Child protection teams; services; eligible
124	cases.--The Children's Medical Services Program in the
125	Department of Health shall develop, maintain, and coordinate the
126	services of one or more multidisciplinary child protection teams
127	in each of the service districts of the Department of Children
128	and Family Services. Such teams may be composed of appropriate
129	representatives of school districts and appropriate health,
130	mental health, social service, legal service, and law
131	enforcement agencies. The Legislature finds that optimal
132	coordination of child protection teams and sexual abuse
133	treatment programs requires collaboration between the Department
134	of Health and the Department of Children and Family Services.
135	The two departments shall maintain an interagency agreement that
136	establishes protocols for oversight and operations of child
137	protection teams and sexual abuse treatment programs. The State
138	Surgeon General Secretary of Health and the Deputy Secretary for
139	Children's Medical Services, in consultation with the Secretary
140	of Children and Family Services, shall maintain the
141	responsibility for the screening, employment, and, if necessary,
142	the termination of child protection team medical directors, at
143	headquarters and in the 15 districts. Child protection team
144	medical directors shall be responsible for oversight of the
145	teams in the districts.
146	(1)  The Department of Health shall utilize and convene the
147	teams to supplement the assessment and protective supervision
148	activities of the family safety and preservation program of the
149	Department of Children and Family Services. Nothing in this
150	section shall be construed to remove or reduce the duty and
151	responsibility of any person to report pursuant to this chapter
152	all suspected or actual cases of child abuse, abandonment, or
153	neglect or sexual abuse of a child. The role of the teams shall
154	be to support activities of the program and to provide services
155	deemed by the teams to be necessary and appropriate to abused,
156	abandoned, and neglected children upon referral. The specialized
157	diagnostic assessment, evaluation, coordination, consultation,
158	and other supportive services that a child protection team shall
159	be capable of providing include, but are not limited to, the
160	following:
161	(a)  Medical diagnosis and evaluation services, including
162	provision or interpretation of X rays and laboratory tests, and
163	related services, as needed, and documentation of findings
164	relative thereto.
165	(b)  Telephone consultation services in emergencies and in
166	other situations.
167	(c)  Medical evaluation related to abuse, abandonment, or
168	neglect, as defined by policy or rule of the Department of
169	Health.
170	(d)  Such psychological and psychiatric diagnosis and
171	evaluation services for the child or the child's parent or
172	parents, legal custodian or custodians, or other caregivers, or
173	any other individual involved in a child abuse, abandonment, or
174	neglect case, as the team may determine to be needed.
175	(e)  Expert medical, psychological, and related
176	professional testimony in court cases.
177	(f)  Case staffings to develop treatment plans for children
178	whose cases have been referred to the team. A child protection
179	team may provide consultation with respect to a child who is
180	alleged or is shown to be abused, abandoned, or neglected, which
181	consultation shall be provided at the request of a
182	representative of the family safety and preservation program or
183	at the request of any other professional involved with a child
184	or the child's parent or parents, legal custodian or custodians,
185	or other caregivers. In every such child protection team case
186	staffing, consultation, or staff activity involving a child, a
187	family safety and preservation program representative shall
188	attend and participate.
189	(g)  Case service coordination and assistance, including
190	the location of services available from other public and private
191	agencies in the community.
192	(h)  Such training services for program and other employees
193	of the Department of Children and Family Services, employees of
194	the Department of Health, and other medical professionals as is
195	deemed appropriate to enable them to develop and maintain their
196	professional skills and abilities in handling child abuse,
197	abandonment, and neglect cases.
198	(i)  Educational and community awareness campaigns on child
199	abuse, abandonment, and neglect in an effort to enable citizens
200	more successfully to prevent, identify, and treat child abuse,
201	abandonment, and neglect in the community.
202	(j)  Child protection team assessments that include, as
203	appropriate, medical evaluations, medical consultations, family
204	psychosocial interviews, specialized clinical interviews, or
205	forensic interviews.
206
207	All medical personnel participating on a child protection team
208	must successfully complete the required child protection team
209	training curriculum as set forth in protocols determined by the
210	Deputy Secretary for Children's Medical Services and the
211	Statewide Medical Director for Child Protection.
212	(2)  The child abuse, abandonment, and neglect reports that
213	must be referred by the department to child protection teams of
214	the Department of Health for an assessment and other appropriate
215	available support services as set forth in subsection (1) must
216	include cases involving:
217	(a)  Injuries to the head, bruises to the neck or head,
218	burns, or fractures in a child of any age.
219	(b)  Bruises anywhere on a child 5 years of age or under.
220	(c)  Any report alleging sexual abuse of a child.
221	(d)  Any sexually transmitted disease in a prepubescent
222	child.
223	(e)  Reported malnutrition of a child and failure of a
224	child to thrive.
225	(f)  Reported medical neglect of a child.
226	(g)  Any family in which one or more children have been
227	pronounced dead on arrival at a hospital or other health care
228	facility, or have been injured and later died, as a result of
229	suspected abuse, abandonment, or neglect, when any sibling or
230	other child remains in the home.
231	(h)  Symptoms of serious emotional problems in a child when
232	emotional or other abuse, abandonment, or neglect is suspected.
233	(3)  All abuse and neglect cases transmitted for
234	investigation to a district by the hotline must be
235	simultaneously transmitted to the Department of Health child
236	protection team for review. For the purpose of determining
237	whether face-to-face medical evaluation by a child protection
238	team is necessary, all cases transmitted to the child protection
239	team which meet the criteria in subsection (2) must be timely
240	reviewed by:
241	(a)  A physician licensed under chapter 458 or chapter 459
242	who holds board certification in pediatrics and is a member of a
243	child protection team;
244	(b)  A physician licensed under chapter 458 or chapter 459
245	who holds board certification in a specialty other than
246	pediatrics, who may complete the review only when working under
247	the direction of a physician licensed under chapter 458 or
248	chapter 459 who holds board certification in pediatrics and is a
249	member of a child protection team;
250	(c)  An advanced registered nurse practitioner licensed
251	under chapter 464 who has a speciality in pediatrics or family
252	medicine and is a member of a child protection team;
253	(d)  A physician assistant licensed under chapter 458 or
254	chapter 459, who may complete the review only when working under
255	the supervision of a physician licensed under chapter 458 or
256	chapter 459 who holds board certification in pediatrics and is a
257	member of a child protection team; or
258	(e)  A registered nurse licensed under chapter 464, who may
259	complete the review only when working under the direct
260	supervision of a physician licensed under chapter 458 or chapter
261	459 who holds certification in pediatrics and is a member of a
262	child protection team.
263	(4)  A face-to-face medical evaluation by a child
264	protection team is not necessary when:
265	(a)  The child was examined for the alleged abuse or
266	neglect by a physician who is not a member of the child
267	protection team, and a consultation between the child protection
268	team board-certified pediatrician, advanced registered nurse
269	practitioner, physician assistant working under the supervision
270	of a child protection team board-certified pediatrician, or
271	registered nurse working under the direct supervision of a child
272	protection team board-certified pediatrician, and the examining
273	physician concludes that a further medical evaluation is
274	unnecessary;
275	(b)  The child protective investigator, with supervisory
276	approval, has determined, after conducting a child safety
277	assessment, that there are no indications of injuries as
278	described in paragraphs (2)(a)-(h) as reported; or
279	(c)  The child protection team board-certified
280	pediatrician, as authorized in subsection (3), determines that a
281	medical evaluation is not required.
282
283	Notwithstanding paragraphs (a), (b), and (c), a child protection
284	team pediatrician, as authorized in subsection (3), may
285	determine that a face-to-face medical evaluation is necessary.
286	(5)  In all instances in which a child protection team is
287	providing certain services to abused, abandoned, or neglected
288	children, other offices and units of the Department of Health,
289	and offices and units of the Department of Children and Family
290	Services, shall avoid duplicating the provision of those
291	services.
292	(6)  The Department of Health child protection team quality
293	assurance program and the Department of Children and Family
294	Services' Family Safety Program Office quality assurance program
295	shall collaborate to ensure referrals and responses to child
296	abuse, abandonment, and neglect reports are appropriate. Each
297	quality assurance program shall include a review of records in
298	which there are no findings of abuse, abandonment, or neglect,
299	and the findings of these reviews shall be included in each
300	department's quality assurance reports.
301	Section 5.  Paragraph (j) of subsection (2) of section
302	110.205, Florida Statutes, is amended to read:
303	110.205  Career service; exemptions.--
304	(2)  EXEMPT POSITIONS.--The exempt positions that are not
305	covered by this part include the following:
306	(j)  The appointed secretaries and the State Surgeon
307	General, assistant secretaries, deputy secretaries, and deputy
308	assistant secretaries of all departments; the executive
309	directors, assistant executive directors, deputy executive
310	directors, and deputy assistant executive directors of all
311	departments; the directors of all divisions and those positions
312	determined by the department to have managerial responsibilities
313	comparable to such positions, which positions include, but are
314	not limited to, program directors, assistant program directors,
315	district administrators, deputy district administrators, the
316	Director of Central Operations Services of the Department of
317	Children and Family Services, the State Transportation
318	Development Administrator, State Public Transportation and Modal
319	Administrator, district secretaries, district directors of
320	transportation development, transportation operations,
321	transportation support, and the managers of the offices
322	specified in s. 20.23(3)(b), of the Department of
323	Transportation. Unless otherwise fixed by law, the department
324	shall set the salary and benefits of these positions in
325	accordance with the rules of the Senior Management Service; and
326	the county health department directors and county health
327	department administrators of the Department of Health.
328	Section 6.  Paragraph (h) of subsection (3) of section
329	112.061, Florida Statutes, is amended to read:
330	112.061  Per diem and travel expenses of public officers,
331	employees, and authorized persons.--
332	(3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--
333	(h)  The State Surgeon General secretary of the Department
334	of Health or a designee may authorize travel expenses incidental
335	to the rendering of medical services for and on behalf of
336	clients of the Department of Health. The Department of Health
337	may establish rates lower than the rate provided in this section
338	for these travel expenses.
339	Section 7.  Paragraph (b) of subsection (1) of section
340	112.3145, Florida Statutes, is amended to read:
341	112.3145  Disclosure of financial interests and clients
342	represented before agencies.--
343	(1)  For purposes of this section, unless the context
344	otherwise requires, the term:
345	(b)  "Specified state employee" means:
346	1.  Public counsel created by chapter 350, an assistant
347	state attorney, an assistant public defender, a full-time state
348	employee who serves as counsel or assistant counsel to any state
349	agency, the Deputy Chief Judge of Compensation Claims, a judge
350	of compensation claims, an administrative law judge, or a
351	hearing officer.
352	2.  Any person employed in the office of the Governor or in
353	the office of any member of the Cabinet if that person is exempt
354	from the Career Service System, except persons employed in
355	clerical, secretarial, or similar positions.
356	3.  The State Surgeon General or each appointed secretary,
357	assistant secretary, deputy secretary, executive director,
358	assistant executive director, or deputy executive director of
359	each state department, commission, board, or council; unless
360	otherwise provided, the division director, assistant division
361	director, deputy director, bureau chief, and assistant bureau
362	chief of any state department or division; or any person having
363	the power normally conferred upon such persons, by whatever
364	title.
365	4.  The superintendent or institute director of a state
366	mental health institute established for training and research in
367	the mental health field or the warden or director of any major
368	state institution or facility established for corrections,
369	training, treatment, or rehabilitation.
370	5.  Business managers, purchasing agents having the power
371	to make any purchase exceeding the threshold amount provided for
372	in s. 287.017 for CATEGORY ONE, finance and accounting
373	directors, personnel officers, or grants coordinators for any
374	state agency.
375	6.  Any person, other than a legislative assistant exempted
376	by the presiding officer of the house by which the legislative
377	assistant is employed, who is employed in the legislative branch
378	of government, except persons employed in maintenance, clerical,
379	secretarial, or similar positions.
380	7.  Each employee of the Commission on Ethics.
381	Section 8.  Section 114.04, Florida Statutes, is amended to
382	read:
383	114.04  Filling vacancies.--Except as otherwise provided in
384	the State Constitution, the Governor shall fill by appointment
385	any vacancy in a state, district, or county office, other than a
386	member or officer of the Legislature, for the remainder of the
387	term of an appointive officer and for the remainder of the term
388	of an elective office, if there is less than 28 months remaining
389	in the term; otherwise, until the first Tuesday after the first
390	Monday following the next general election. With respect to any
391	office which requires confirmation by the Senate, the person so
392	appointed may hold an ad interim term of office subject to the
393	provisions of s. 114.05. Each secretary or division director of
394	a department of the executive branch, or the State Surgeon
395	General, who is required by law to be appointed by the Governor
396	and confirmed by the Senate shall serve at the pleasure of the
397	Governor, unless otherwise provided by law, and the appointment
398	of such person shall run concurrently with the term of the
399	Governor making the appointment. In the event a Governor is
400	elected to a second term of office pursuant to s. 5, Art. IV of
401	the State Constitution, each secretary or division director, or
402	the State Surgeon General, so appointed shall be reappointed or,
403	at the discretion of the Governor, replaced by a new appointee.
404	Reappointments to the same office shall be subject to
405	confirmation by the Senate as provided in s. 114.05.
406	Section 9.  Subsection (15) of section 120.80, Florida
407	Statutes, is amended to read:
408	120.80  Exceptions and special requirements; agencies.--
409	(15)  DEPARTMENT OF HEALTH.--Notwithstanding s.
410	120.57(1)(a), formal hearings may not be conducted by the State
411	Surgeon General Secretary of Health, the Secretary of Health
412	Care Administration, or a board or member of a board within the
413	Department of Health or the Agency for Health Care
414	Administration for matters relating to the regulation of
415	professions, as defined by chapter 456. Notwithstanding s.
416	120.57(1)(a), hearings conducted within the Department of Health
417	in execution of the Special Supplemental Nutrition Program for
418	Women, Infants, and Children; Child Care Food Program;
419	Children's Medical Services Program; the Brain and Spinal Cord
420	Injury Program; and the exemption from disqualification reviews
421	for certified nurse assistants program need not be conducted by
422	an administrative law judge assigned by the division. The
423	Department of Health may contract with the Department of
424	Children and Family Services for a hearing officer in these
425	matters.
426	Section 10.  Paragraph (c) of subsection (5) of section
427	154.02, Florida Statutes, is amended to read:
428	154.02  County Health Department Trust Fund.--
429	(5)  At a minimum, the trust fund shall consist of:
430	(c)  A fixed capital outlay reserve for nonrecurring
431	expenses that are needed for the renovation and expansion of
432	facilities, and for the construction of new and replacement
433	facilities identified by the Department of Health in conjunction
434	with the board of county commissioners in their annual state-
435	county contract and approved by the State Surgeon General
436	secretary of the department. These funds may not be used for
437	construction projects unless there is a specific appropriation
438	included in the General Appropriations Act for this purpose.
439	Section 11.  Paragraph (b) of subsection (1) of section
440	154.04, Florida Statutes, is amended to read:
441	154.04  Personnel of county health departments; duties;
442	compensation.--
443	(1)
444	(b)  The county health department director shall be a
445	physician licensed under chapter 458 or chapter 459 who is
446	trained in public health administration and shall be appointed
447	by the State Surgeon General Secretary of Health after the
448	concurrence of the boards of county commissioners of the
449	respective counties. A county health department administrator
450	trained in public health administration may be appointed by the
451	State Surgeon General Secretary of Health after the concurrence
452	of the boards of county commissioners of the respective
453	counties.
454	Section 12.  Subsection (2) of section 154.505, Florida
455	Statutes, is amended to read:
456	154.505  Proposals; application process; minimum
457	requirements.--
458	(2)  Applications shall be competitively reviewed by an
459	independent panel appointed by the State Surgeon General
460	secretary of the department. This panel shall determine the
461	relative weight for scoring and evaluating each of the following
462	elements to be used in the evaluation process:
463	(a)  The target population to be served.
464	(b)  The health benefits to be provided.
465	(c)  The proposed service network, including specific
466	health care providers and health care facilities that will
467	participate in the service network on a paid or voluntary basis.
468	(d)  The methods that will be used to measure cost-
469	effectiveness.
470	(e)  How patient and provider satisfaction will be
471	measured.
472	(f)  The proposed internal quality assurance process.
473	(g)  Projected health status outcomes.
474	(h)  The way in which data to measure the cost-
475	effectiveness, outcomes, and overall performance of the program
476	will be collected, including a description of the proposed
477	information system.
478	(i)  All local resources, including cash, in-kind,
479	voluntary, or other resources, that will be dedicated to the
480	proposal.
481	Section 13.  Paragraph (c) of subsection (5) and paragraph
482	(b) of subsection (6) of section 215.5601, Florida Statutes, are
483	amended to read:
484	215.5601  Lawton Chiles Endowment Fund.--
485	(5)  AVAILABILITY OF FUNDS; USES.--
486	(c)  The secretaries of the state agencies and the State
487	Surgeon General shall conduct meetings to discuss priorities for
488	endowment funding for health and human services programs for
489	children and elders before submitting their legislative budget
490	requests to the Executive Office of the Governor and the
491	Legislature. The purpose of the meetings is to gain consensus
492	for priority requests and recommended endowment funding levels
493	for those priority requests. No later than September 1 of each
494	year, the secretaries of the state agencies and the State
495	Surgeon General shall also submit their consensus priority
496	requests to the Lawton Chiles Endowment Fund Advisory Council
497	created in subsection (6).
498	(6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund
499	Advisory Council is established for the purpose of reviewing the
500	funding priorities of the state agencies, evaluating their
501	requests against the mission and goals of the agencies and
502	legislative intent for the use of endowment funds, and allowing
503	for public input and advocacy.
504	(b)  Before November 1 of each year, the advisory council
505	shall advise the Governor and the Legislature as to its
506	recommendations with respect to the priorities submitted by the
507	secretaries of the state agencies and the State Surgeon General
508	with respect to endowment funding for health and human services
509	programs for children and elders. The responsibilities of the
510	advisory council include:
511	1.  Evaluating the value of programs and services submitted
512	by the state agencies as they relate to the overall enhancement
513	of services to children and elders;
514	2.  Developing criteria and guiding principles for ranking
515	the priorities submitted by the state agencies;
516	3.  Providing recommendations with respect to funding
517	levels for the programs ranked by the advisory council;
518	4.  Participating in periodic evaluation of programs funded
519	by the endowment to determine the need for continued funding;
520	and
521	5.  Soliciting input from child and elder advocacy
522	organizations, community stakeholders, providers, and the public
523	with respect to statewide child and elder needs and the
524	effectiveness of program service delivery systems.
525	Section 14.  Subsection (4), paragraph (b) of subsection
526	(5), and subsections (6) and (10) of section 215.5602, Florida
527	Statutes, are amended to read:
528	215.5602  James and Esther King Biomedical Research
529	Program.--
530	(4)  The council shall advise the State Surgeon General
531	Secretary of Health as to the direction and scope of the
532	biomedical research program. The responsibilities of the council
533	may include, but are not limited to:
534	(a)  Providing advice on program priorities and emphases.
535	(b)  Providing advice on the overall program budget.
536	(c)  Participating in periodic program evaluation.
537	(d)  Assisting in the development of guidelines to ensure
538	fairness, neutrality, and adherence to the principles of merit
539	and quality in the conduct of the program.
540	(e)  Assisting in the development of appropriate linkages
541	to nonacademic entities, such as voluntary organizations, health
542	care delivery institutions, industry, government agencies, and
543	public officials.
544	(f)  Developing criteria and standards for the award of
545	research grants.
546	(g)  Developing administrative procedures relating to
547	solicitation, review, and award of research grants and
548	fellowships, to ensure an impartial, high-quality peer review
549	system.
550	(h)  Developing and supervising research peer review
551	panels.
552	(i)  Reviewing reports of peer review panels and making
553	recommendations for research grants and fellowships.
554	(j)  Developing and providing oversight regarding
555	mechanisms for the dissemination of research results.
556	(5)
557	(b)  Grants and fellowships shall be awarded by the State
558	Surgeon General Secretary of Health, after consultation with the
559	council, on the basis of scientific merit, as determined by an
560	open competitive peer review process that ensures objectivity,
561	consistency, and high quality. The following types of
562	applications shall be considered for funding:
563	1.  Investigator-initiated research grants.
564	2.  Institutional research grants.
565	3.  Predoctoral and postdoctoral research fellowships.
566	(6)  To ensure that all proposals for research funding are
567	appropriate and are evaluated fairly on the basis of scientific
568	merit, the State Surgeon General Secretary of Health, in
569	consultation with the council, shall appoint a peer review panel
570	of independent, scientifically qualified individuals to review
571	the scientific content of each proposal and establish its
572	scientific priority score. The priority scores shall be
573	forwarded to the council and must be considered in determining
574	which proposals shall be recommended for funding.
575	(10)  The council shall submit an annual progress report on
576	the state of biomedical research in this state to the Florida
577	Center for Universal Research to Eradicate Disease and to the
578	Governor, the State Surgeon General Secretary of Health, the
579	President of the Senate, and the Speaker of the House of
580	Representatives by February 1. The report must include:
581	(a)  A list of research projects supported by grants or
582	fellowships awarded under the program.
583	(b)  A list of recipients of program grants or fellowships.
584	(c)  A list of publications in peer reviewed journals
585	involving research supported by grants or fellowships awarded
586	under the program.
587	(d)  The total amount of biomedical research funding
588	currently flowing into the state.
589	(e)  New grants for biomedical research which were funded
590	based on research supported by grants or fellowships awarded
591	under the program.
592	(f)  Progress in the prevention, diagnosis, treatment, and
593	cure of diseases related to tobacco use, including cancer,
594	cardiovascular disease, stroke, and pulmonary disease.
595	Section 15.  Subsection (5) of section 335.067, Florida
596	Statutes, is amended to read:
597	335.067  Conserve by Bicycle Program.--There is created
598	within the Department of Transportation the Conserve by Bicycle
599	Program.
600	(5)  By July 1, 2007, if sufficient funds are available in
601	the department's budget or from the Federal Government, the
602	study shall be completed and shall be submitted to the Governor,
603	the President of the Senate, the Speaker of the House of
604	Representatives, the Secretary of Transportation, the Secretary
605	of Environmental Protection, and the State Surgeon General
606	Secretary of Health.
607	Section 16.  Paragraph (b) of subsection (1) of section
608	377.901, Florida Statutes, is amended to read:
609	377.901  Florida Energy Commission.--
610	(1)  The Florida Energy Commission is created and shall be
611	located within the Office of Legislative Services for
612	administrative purposes. The commission shall be comprised of a
613	total of nine members.
614	(b)  The following may also attend meetings and provide
615	information and advise at the request of the chair:
616	1.  The chair of the Florida Public Service Commission, or
617	his or her designee.
618	2.  The Public Counsel, or his or her designee.
619	3.  The Commissioner of Agriculture, or his or her
620	designee.
621	4.  The Director of the Office of Insurance Regulation, or
622	his or her designee.
623	5.  The State Surgeon General Secretary of Health, or his
624	or her designee.
625	6.  The chair of the State Board of Education, or his or
626	her designee.
627	7.  The Secretary of Community Affairs, or his or her
628	designee.
629	8.  The Secretary of Transportation, or his or her
630	designee.
631	9.  The Secretary of Environmental Protection, or his or
632	her designee.
633
634	It is the specific intent of the Legislature that nothing in
635	this section shall in any way change the powers, duties, and
636	responsibilities of the Public Service Commission or the powers,
637	duties, and responsibilities assigned by the Florida Electrical
638	Power Plant Siting Act, ss. 403.501-403.518.
639	Section 17.  Subsections (2) and (3) of section 381.0057,
640	Florida Statutes, are amended to read:
641	381.0057  Funding for school health services.--
642	(2)  The State Surgeon General Secretary of Health, or his
643	or her designee, in cooperation with the Commissioner of
644	Education, or his or her designee, shall publicize the
645	availability of funds, targeting those school districts or
646	schools which have a high incidence of medically underserved
647	high-risk children, low birthweight babies, infant mortality, or
648	teenage pregnancy.
649	(3)  The State Surgeon General Secretary of Health, or his
650	or her designees, in cooperation with the Commissioner of
651	Education, or his or her designees, in equal representation,
652	shall form a joint committee to evaluate and select the school
653	districts or schools to be funded.
654	Section 18.  Subsections (5) and (7) of section 381.0303,
655	Florida Statutes, are amended to read:
656	381.0303  Special needs shelters.--
657	(5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
658	State Surgeon General Secretary of Health may establish a
659	special needs shelter interagency committee and serve as, or
660	appoint a designee to serve as, the committee's chair. The
661	department shall provide any necessary staff and resources to
662	support the committee in the performance of its duties. The
663	committee shall address and resolve problems related to special
664	needs shelters not addressed in the state comprehensive
665	emergency medical plan and shall consult on the planning and
666	operation of special needs shelters.
667	(a)  The committee shall:
668	1.  Develop, negotiate, and regularly review any necessary
669	interagency agreements.
670	2.  Undertake other such activities as the department deems
671	necessary to facilitate the implementation of this section.
672	3.  Submit recommendations to the Legislature as necessary.
673	(b)  The special needs shelter interagency committee shall
674	be composed of representatives of emergency management, health,
675	medical, and social services organizations. Membership shall
676	include, but shall not be limited to, representatives of the
677	Departments of Health, Community Affairs, Children and Family
678	Services, Elderly Affairs, and Education; the Agency for Health
679	Care Administration; the Florida Medical Association; the
680	Florida Osteopathic Medical Association; Associated Home Health
681	Industries of Florida, Inc.; the Florida Nurses Association; the
682	Florida Health Care Association; the Florida Assisted Living
683	Affiliation; the Florida Hospital Association; the Florida
684	Statutory Teaching Hospital Council; the Florida Association of
685	Homes for the Aging; the Florida Emergency Preparedness
686	Association; the American Red Cross; Florida Hospices and
687	Palliative Care, Inc.; the Association of Community Hospitals
688	and Health Systems; the Florida Association of Health
689	Maintenance Organizations; the Florida League of Health Systems;
690	the Private Care Association; the Salvation Army; the Florida
691	Association of Aging Services Providers; the AARP; and the
692	Florida Renal Coalition.
693	(c)  Meetings of the committee shall be held in
694	Tallahassee, and members of the committee shall serve at the
695	expense of the agencies or organizations they represent. The
696	committee shall make every effort to use teleconference or
697	videoconference capabilities in order to ensure statewide input
698	and participation.
699	(7)  EMERGENCY MANAGEMENT PLANS.--The submission of
700	emergency management plans to county health departments by home
701	health agencies, nurse registries, hospice programs, and home
702	medical equipment providers is conditional upon receipt of an
703	appropriation by the department to establish disaster
704	coordinator positions in county health departments unless the
705	State Surgeon General secretary of the department and a local
706	county commission jointly determine to require that such plans
707	be submitted based on a determination that there is a special
708	need to protect public health in the local area during an
709	emergency.
710	Section 19.  Paragraph (c) of subsection (6) and subsection
711	(9) of section 381.0403, Florida Statutes, are amended to read:
712	381.0403  The Community Hospital Education Act.--
713	(6)  COUNCIL AND DIRECTOR.--
714	(c)  The State Surgeon General secretary of the Department
715	of Health shall designate an administrator to serve as staff
716	director. The council shall elect a chair from among its
717	membership. Such other personnel as may be necessary to carry
718	out the program shall be employed as authorized by the
719	Department of Health.
720	(9)  ANNUAL REPORT ON GRADUATE MEDICAL EDUCATION;
721	COMMITTEE.--The Executive Office of the Governor, the Department
722	of Health, and the Agency for Health Care Administration shall
723	collaborate to establish a committee that shall produce an
724	annual report on graduate medical education. The committee shall
725	be comprised of 11 members: five members shall be deans of the
726	medical schools or their designees; the Governor shall appoint
727	two members, one of whom must be a representative of the Florida
728	Medical Association who has supervised or currently supervises
729	residents or interns and one of whom must be a representative of
730	the Florida Hospital Association; the Secretary of Health Care
731	Administration shall appoint two members, one of whom must be a
732	representative of a statutory teaching hospital and one of whom
733	must be a physician who has supervised or is currently
734	supervising residents or interns; and the State Surgeon General
735	Secretary of Health shall appoint two members, one of whom must
736	be a representative of a statutory family practice teaching
737	hospital and one of whom must be a physician who has supervised
738	or is currently supervising residents or interns. With the
739	exception of the deans, members shall serve 4-year terms. In
740	order to stagger the terms, the Governor's appointees shall
741	serve initial terms of 4 years, the State Surgeon General's
742	Secretary of Health's appointees shall serve initial terms of 3
743	years, and the Secretary of Health Care Administration's
744	appointees shall serve initial terms of 2 years. A member's term
745	shall be deemed terminated when the member's representative
746	status no longer exists. Once the committee is appointed, it
747	shall elect a chair to serve for a 1-year term. The report shall
748	be provided to the Governor, the President of the Senate, and
749	the Speaker of the House of Representatives by January 15
750	annually. Committee members shall serve without compensation.
751	The report shall address the following:
752	(a)  The role of residents and medical faculty in the
753	provision of health care.
754	(b)  The relationship of graduate medical education to the
755	state's physician workforce.
756	(c)  The costs of training medical residents for hospitals,
757	medical schools, teaching hospitals, including all hospital-
758	medical affiliations, practice plans at all of the medical
759	schools, and municipalities.
760	(d)  The availability and adequacy of all sources of
761	revenue to support graduate medical education and recommend
762	alternative sources of funding for graduate medical education.
763	(e)  The use of state and federal appropriated funds for
764	graduate medical education by hospitals receiving such funds.
765	Section 20.  Paragraphs (g) and (h) of subsection (3) of
766	section 381.4018, Florida Statutes, are amended to read:
767	381.4018  Physician workforce assessment and development.--
768	(3)  GENERAL FUNCTIONS.--The department shall maximize the
769	use of existing programs under the jurisdiction of the
770	department and other state agencies and coordinate governmental
771	and nongovernmental stakeholders and resources in order to
772	develop a state strategic plan and assess the implementation of
773	such strategic plan. In developing the state strategic plan, the
774	department shall:
775	(g)  Coordinate and enhance activities relative to
776	physician workforce needs, undergraduate medical education, and
777	graduate medical education provided by the Division of Medical
778	Quality Assurance, the Community Hospital Education Program and
779	the Graduate Medical Education Committee established pursuant to
780	s. 381.0403, area health education center networks established
781	pursuant to s. 381.0402, and other offices and programs within
782	the Department of Health as designated by the State Surgeon
783	General secretary.
784	(h)  Work in conjunction with and act as a coordinating
785	body for governmental and nongovernmental stakeholders to
786	address matters relating to the state's physician workforce
787	assessment and development for the purpose of ensuring an
788	adequate supply of well-trained physicians to meet the state's
789	future needs. Such governmental stakeholders shall include, but
790	need not be limited to, the State Surgeon General Secretary of
791	Health or his or her designee, the Commissioner of Education or
792	his or her designee, the Secretary of Health Care Administration
793	or his or her designee, and the Chancellor of the State
794	University System or his or her designee from the Board of
795	Governors of the State University System, and, at the discretion
796	of the department, other representatives of state and local
797	agencies that are involved in assessing, educating, or training
798	the state's current or future physicians. Other stakeholders
799	shall include, but need not be limited to, organizations
800	representing the state's public and private allopathic and
801	osteopathic medical schools; organizations representing
802	hospitals and other institutions providing health care,
803	particularly those that have an interest in providing accredited
804	medical education and graduate medical education to medical
805	students and medical residents; organizations representing
806	allopathic and osteopathic practicing physicians; and, at the
807	discretion of the department, representatives of other
808	organizations or entities involved in assessing, educating, or
809	training the state's current or future physicians.
810	Section 21.  Subsection (3) of section 381.7353, Florida
811	Statutes, is amended to read:
812	381.7353  Reducing Racial and Ethnic Health Disparities:
813	Closing the Gap grant program; administration; department
814	duties.--
815	(3)  Pursuant to s. 20.43(6), the State Surgeon General
816	secretary may appoint an ad hoc advisory committee to: examine
817	areas where public awareness, public education, research, and
818	coordination regarding racial and ethnic health outcome
819	disparities are lacking; consider access and transportation
820	issues which contribute to health status disparities; and make
821	recommendations for closing gaps in health outcomes and
822	increasing the public's awareness and understanding of health
823	disparities that exist between racial and ethnic populations.
824	Section 22.  Subsections (2) and (7) of section 381.78,
825	Florida Statutes, are amended to read:
826	381.78  Advisory council on brain and spinal cord
827	injuries.--
828	(2)  Members of the council shall be appointed to serve by
829	the State Surgeon General Secretary of Health. All members'
830	terms shall be for 4 years. An individual may not serve more
831	than two terms. Any council member who is unwilling or unable to
832	properly fulfill the duties of the office shall be succeeded by
833	an individual chosen by the State Surgeon General secretary to
834	serve out the unexpired balance of the replaced council member's
835	term. If the unexpired balance of the replaced council member's
836	term is less than 18 months, then, notwithstanding the
837	provisions of this subsection, the succeeding council member may
838	be reappointed by the State Surgeon General secretary twice.
839	(7)  A member of the advisory council may be removed from
840	office by the State Surgeon General Secretary of Health for
841	malfeasance, misfeasance, neglect of duty, incompetence, or
842	permanent inability to perform official duties or for pleading
843	nolo contendere to, or being found guilty of, a crime.
844	Malfeasance includes, but is not limited to, a violation of any
845	specific prohibition within this part.
846	Section 23.  Subsection (4) of section 381.79, Florida
847	Statutes, is amended to read:
848	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
849	(4)  The Board of Governors of the State University System
850	shall establish a program administration process which shall
851	include: an annual prospective program plan with goals, research
852	design, proposed outcomes, a proposed budget, an annual report
853	of research activities and findings, and an annual end-of-year
854	financial statement. Prospective program plans shall be
855	submitted to the Board of Governors, and funds shall be released
856	upon acceptance of the proposed program plans. The annual report
857	of research activities and findings shall be submitted to the
858	Board of Governors, with the executive summaries submitted to
859	the President of the Senate, the Speaker of the House of
860	Representatives, and the State Surgeon General Secretary of
861	Health.
862	Section 24.  Paragraph (a) of subsection (4) and
863	subsections (5) and (6) of section 381.84, Florida Statutes, are
864	amended to read:
865	381.84  Comprehensive Statewide Tobacco Education and Use
866	Prevention Program.--
867	(4)  ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND
868	MEETINGS.--The Tobacco Education and Use Prevention Advisory
869	Council is created within the department.
870	(a)  The council shall consist of 23 members, including:
871	1.  The State Surgeon General Secretary of Health, who
872	shall serve as the chairperson.
873	2.  One county health department director, appointed by the
874	State Surgeon General Secretary of Health.
875	3.  Two members appointed by the Commissioner of Education,
876	of whom one must be a school district superintendent.
877	4.  The chief executive officer of the Florida Division of
878	the American Cancer Society, or his or her designee.
879	5.  The chief executive officer of the Greater Southeast
880	Affiliate of the American Heart Association, or his or her
881	designee.
882	6.  The chief executive officer of the American Lung
883	Association of Florida, or his or her designee.
884	7.  The dean of the University of Miami School of Medicine,
885	or his or her designee.
886	8.  The dean of the University of Florida College of
887	Medicine, or his or her designee.
888	9.  The dean of the University of South Florida College of
889	Medicine, or his or her designee.
890	10.  The dean of the Florida State University College of
891	Medicine, or his or her designee.
892	11.  The dean of Nova Southeastern College of Osteopathic
893	Medicine, or his or her designee.
894	12.  The dean of the Lake Erie College of Osteopathic
895	Medicine in Bradenton, Florida, or his or her designee.
896	13.  The chief executive officer of the Campaign for
897	Tobacco Free Kids, or his or her designee.
898	14.  The chief executive officer of the Legacy Foundation,
899	or his or her designee.
900	15.  Four members appointed by the Governor, of whom two
901	must have expertise in the field of tobacco-use prevention and
902	education or smoking cessation and one individual who shall be
903	between the ages of 16 and 21 at the time of his or her
904	appointment.
905	16.  Two members appointed by the President of the Senate,
906	of whom one must have expertise in the field of tobacco-use
907	prevention and education or smoking cessation.
908	17.  Two members appointed by the Speaker of the House of
909	Representatives, of whom one must have expertise in the field of
910	tobacco-use prevention and education or smoking cessation.
911	(5)  COUNCIL DUTIES AND RESPONSIBILITIES.--The council
912	shall advise the State Surgeon General Secretary of Health as to
913	the direction and scope of the Comprehensive Statewide Tobacco
914	Education and Use Prevention Program. The responsibilities of
915	the council include, but are not limited to:
916	(a)  Providing advice on program priorities and emphases.
917	(b)  Providing advice on the overall program budget.
918	(c)  Providing advice on copyrighted material, trademark,
919	and future transactions as they pertain to the tobacco education
920	and use prevention program.
921	(d)  Reviewing broadcast material prepared for the
922	Internet, portable media players, radio, and television as it
923	relates to the advertising component of the tobacco education
924	and use prevention program.
925	(e)  Participating in periodic program evaluation.
926	(f)  Assisting in the development of guidelines to ensure
927	fairness, neutrality, and adherence to the principles of merit
928	and quality in the conduct of the program.
929	(g)  Assisting in the development of administrative
930	procedures relating to solicitation, review, and award of
931	contracts and grants in order to ensure an impartial, high-
932	quality peer review system.
933	(h)  Assisting in the development and supervision of peer
934	review panels.
935	(i)  Reviewing reports of peer review panels and making
936	recommendations for contracts and grants.
937	(j)  Reviewing the activities and evaluating the
938	performance of the AHEC network to avoid duplicative efforts
939	using state funds.
940	(k)  Recommending meaningful outcome measures through a
941	regular review of tobacco-use prevention and education
942	strategies and programs of other states and the Federal
943	Government.
944	(l)  Recommending policies to encourage a coordinated
945	response to tobacco use in this state, focusing specifically on
946	creating partnerships within and between the public and private
947	sectors.
948	(6)  CONTRACT REQUIREMENTS.--Contracts or grants for the
949	program components or subcomponents described in paragraphs
950	(3)(a)-(f) shall be awarded by the State Surgeon General
951	Secretary of Health, after consultation with the council, on the
952	basis of merit, as determined by an open, competitive, peer-
953	reviewed process that ensures objectivity, consistency, and high
954	quality. The department shall award such grants or contracts no
955	later than October 1 for each fiscal year. A recipient of a
956	contract or grant for the program component described in
957	paragraph (3)(c) is not eligible for a contract or grant award
958	for any other program component described in subsection (3) in
959	the same state fiscal year. A school or college of medicine that
960	is represented on the council is not eligible to receive a
961	contract or grant under this section. For the 2007-2008 and
962	2008-2009 fiscal years only, the department shall award a
963	contract or grant in the amount of $10 million to the AHEC
964	network for the purpose of developing the components described
965	in paragraph (3)(i). The AHEC network may apply for a
966	competitive contract or grant after the 2008-2009 fiscal year.
967	(a)  In order to ensure that all proposals for funding are
968	appropriate and are evaluated fairly on the basis of merit, the
969	State Surgeon General Secretary of Health, in consultation with
970	the council, shall appoint a peer review panel of independent,
971	qualified experts in the field of tobacco control to review the
972	content of each proposal and establish its priority score. The
973	priority scores shall be forwarded to the council and must be
974	considered in determining which proposals will be recommended
975	for funding.
976	(b)  The council and the peer review panel shall establish
977	and follow rigorous guidelines for ethical conduct and adhere to
978	a strict policy with regard to conflicts of interest. A member
979	of the council or panel may not participate in any discussion or
980	decision with respect to a research proposal by any firm,
981	entity, or agency with which the member is associated as a
982	member of the governing body or as an employee or with which the
983	member has entered into a contractual arrangement. Meetings of
984	the council and the peer review panels are subject to chapter
985	119, s. 286.011, and s. 24, Art. I of the State Constitution.
986	(c)  In each contract or grant agreement, the department
987	shall limit the use of food and promotional items to no more
988	than 2.5 percent of the total amount of the contract or grant
989	and limit overhead or indirect costs to no more than 7.5 percent
990	of the total amount of the contract or grant. The department, in
991	consultation with the Department of Financial Services, shall
992	publish guidelines for appropriate food and promotional items.
993	(d)  In each advertising contract, the department shall
994	limit the total of production fees, buyer commissions, and
995	related costs to no more than 10 percent of the total contract
996	amount.
997	(e)  Notwithstanding the competitive process for contracts
998	prescribed in this subsection, each county health department is
999	eligible for core funding, on a per capita basis, to implement
1000	tobacco education and use prevention activities within that
1001	county.
1002	Section 25.  Paragraph (f) of subsection (4) and paragraph
1003	(a) of subsection (5) of section 381.853, Florida Statutes, are
1004	amended to read:
1005	381.853  Florida Center for Brain Tumor Research.--
1006	(4)  The Florida Center for Brain Tumor Research is
1007	established within the Evelyn F. and William L. McKnight Brain
1008	Institute of the University of Florida.
1009	(f)  The center shall submit an annual report to the
1010	Governor, the President of the Senate, the Speaker of the House
1011	of Representatives, and the State Surgeon General Secretary of
1012	Health no later than January 15 that contains recommendations
1013	for legislative changes necessary to foster a positive climate
1014	for the pursuit of brain tumor research and the development of
1015	treatment modalities in the state.
1016	(5)  There is established within the center a scientific
1017	advisory council that includes biomedical researchers,
1018	physicians, clinicians, and representatives from public and
1019	private universities and hospitals. The council shall meet at
1020	least annually.
1021	(a)  The council shall consist of:
1022	1.  Two members from the Florida Center for Brain Tumor
1023	Research within the Evelyn F. and William L. McKnight Brain
1024	Institute of the University of Florida appointed by the
1025	Governor.
1026	2.  Two members from the Scripps Research Institute, one of
1027	whom must have expertise in basic brain tumor research,
1028	appointed by the Speaker of the House of Representatives.
1029	3.  Two members from other public and private universities
1030	and institutions directly involved in brain tumor research
1031	appointed by the President of the Senate.
1032	4.  One member from the Mayo Clinic in Jacksonville who is
1033	directly involved in the treatment of brain tumor patients or
1034	who has expertise in basic brain tumor research appointed by the
1035	State Surgeon General Secretary of Health.
1036	5.  Two members from the Cleveland Clinic in Florida who
1037	are directly involved in basic brain tumor research appointed by
1038	the Governor.
1039	6.  One member from the H. Lee Moffitt Cancer Center and
1040	Research Institute who is directly involved in the treatment of
1041	brain tumor patients or who has expertise in basic brain tumor
1042	research appointed by the Speaker of the House of
1043	Representatives.
1044	7.  One member from the M. D. Anderson Cancer Center
1045	Orlando who is directly involved in the treatment of brain tumor
1046	patients or who has expertise in basic brain tumor research
1047	appointed by the President of the Senate.
1048	Section 26.  Paragraph (a) of subsection (5) of section
1049	381.855, Florida Statutes, is amended to read:
1050	381.855  Florida Center for Universal Research to Eradicate
1051	Disease.--
1052	(5)  There is established within the center an advisory
1053	council that shall meet at least annually.
1054	(a)  The council shall consist of one representative from a
1055	Florida not-for-profit institution engaged in basic and clinical
1056	biomedical research and education which receives more than $10
1057	million in annual grant funding from the National Institutes of
1058	Health, to be appointed by the State Surgeon General Secretary
1059	of Health from a different institution each term, and one
1060	representative from and appointed by each of the following
1061	entities:
1062	1.  Enterprise Florida, Inc.
1063	2.  BioFlorida.
1064	3.  The Biomedical Research Advisory Council.
1065	4.  The Florida Medical Foundation.
1066	5.  Pharmaceutical Research and Manufacturers of America.
1067	6.  The Florida Cancer Council.
1068	7.  The American Cancer Society, Florida Division, Inc.
1069	8.  The American Heart Association.
1070	9.  The American Lung Association of Florida.
1071	10.  The American Diabetes Association, South Coastal
1072	Region.
1073	11.  The Alzheimer's Association.
1074	12.  The Epilepsy Foundation.
1075	13.  The National Parkinson Foundation.
1076	14.  The Florida Public Health Foundation, Inc.
1077	15.  The Florida Research Consortium.
1078	Section 27.  Subsections (2) and (3) of section 381.86,
1079	Florida Statutes, are amended to read:
1080	381.86  Institutional Review Board.--
1081	(2)  Consistent with federal requirements, the State
1082	Surgeon General Secretary of Health shall determine and appoint
1083	the membership of the board and designate its chair.
1084	(3)  The department's Institutional Review Board may serve
1085	as an institutional review board for other agencies at the
1086	discretion of the State Surgeon General secretary.
1087	Section 28.  Paragraph (a) of subsection (3) of section
1088	381.90, Florida Statutes, is amended to read:
1089	381.90  Health Information Systems Council; legislative
1090	intent; creation, appointment, duties.--
1091	(3)  The council shall be composed of the following members
1092	or their senior executive-level designees:
1093	(a)  The State Surgeon General Secretary of Health;
1094
1095	Representatives of the Federal Government may serve without
1096	voting rights.
1097	Section 29.  Paragraph (a) of subsection (3) of section
1098	381.911, Florida Statutes, is amended to read:
1099	381.911  Prostate Cancer Awareness Program.--
1100	(3)  A prostate cancer advisory committee is created to
1101	advise and assist the Department of Health and the Florida
1102	Public Health Foundation, Inc., in implementing the program.
1103	(a)  The State Surgeon General Secretary of Health shall
1104	appoint the advisory committee members, who shall consist of:
1105	1.  Three persons from prostate cancer survivor groups or
1106	cancer-related advocacy groups.
1107	2.  Three persons who are scientists or clinicians from
1108	public universities or research organizations.
1109	3.  Three persons who are engaged in the practice of a
1110	cancer-related medical specialty from health organizations
1111	committed to cancer research and control.
1112	Section 30.  Paragraph (a) of subsection (3) of section
1113	381.912, Florida Statutes, is amended to read:
1114	381.912  Cervical Cancer Elimination Task Force.--
1115	(3)  The task force shall consist of:
1116	(a)  The director of the Department of Health's Division of
1117	Disease Control or another person with expertise in epidemiology
1118	who shall serve as chair, appointed by the State Surgeon General
1119	Secretary of Health.
1120	Section 31.  Paragraph (c) of subsection (2) of section
1121	381.92, Florida Statutes, is amended to read:
1122	381.92  Florida Cancer Council.--
1123	(2)
1124	(c)  The members of the council shall consist of:
1125	1.  Chair of the Florida Dialogue on Cancer, who shall
1126	serve as the chair of the council;
1127	2.  State Surgeon General secretary of the Department of
1128	Health or his or her designee;
1129	3.  Chief Executive Officer of the H. Lee Moffitt Cancer
1130	Center or his or her designee;
1131	4.  Director of the University of Florida Shands Cancer
1132	Center or his or her designee;
1133	5.  Chief Executive Officer of the University of Miami
1134	Sylvester Comprehensive Cancer Center or his or her designee;
1135	6.  Chief Executive Officer of the Mayo Clinic,
1136	Jacksonville, or his or her designee;
1137	7.  Chief Executive Officer of the American Cancer Society,
1138	Florida Division, Inc., or his or her designee;
1139	8.  President of the American Cancer Society, Florida
1140	Division, Inc., Board of Directors or his or her designee;
1141	9.  President of the Florida Society of Clinical Oncology
1142	or his or her designee;
1143	10.  President of the American College of Surgeons, Florida
1144	Chapter, or his or her designee;
1145	11.  Chief Executive Officer of Enterprise Florida, Inc.,
1146	or his or her designee;
1147	12.  Five representatives from cancer programs approved by
1148	the American College of Surgeons. Three shall be appointed by
1149	the Governor, one shall be appointed by the Speaker of the House
1150	of Representatives, and one shall be appointed by the President
1151	of the Senate;
1152	13.  One member of the House of Representatives, to be
1153	appointed by the Speaker of the House of Representatives; and
1154	14.  One member of the Senate, to be appointed by the
1155	President of the Senate.
1156	Section 32.  Paragraphs (a) and (b) of subsection (3) of
1157	section 381.922, Florida Statutes, are amended to read:
1158	381.922  William G. "Bill" Bankhead, Jr., and David Coley
1159	Cancer Research Program.--
1160	(3)(a)  Applications for funding for cancer research may be
1161	submitted by any university or established research institute in
1162	the state. All qualified investigators in the state, regardless
1163	of institutional affiliation, shall have equal access and
1164	opportunity to compete for the research funding. Collaborative
1165	proposals, including those that advance the program's goals
1166	enumerated in subsection (2), may be given preference. Grants
1167	shall be awarded by the State Surgeon General Secretary of
1168	Health, after consultation with the Biomedical Research Advisory
1169	Council, on the basis of scientific merit, as determined by an
1170	open, competitive peer review process that ensures objectivity,
1171	consistency, and high quality. The following types of
1172	applications shall be considered for funding:
1173	1.  Investigator-initiated research grants.
1174	2.  Institutional research grants.
1175	3.  Collaborative research grants, including those that
1176	advance the finding of cures through basic or applied research.
1177	(b)  In order to ensure that all proposals for research
1178	funding are appropriate and are evaluated fairly on the basis of
1179	scientific merit, the State Surgeon General Secretary of Health,
1180	in consultation with the council, shall appoint a peer review
1181	panel of independent, scientifically qualified individuals to
1182	review the scientific content of each proposal and establish its
1183	priority score. The priority scores shall be forwarded to the
1184	council and must be considered in determining which proposals
1185	shall be recommended for funding.
1186	Section 33.  Paragraph (a) of subsection (6) of section
1187	381.98, Florida Statutes, is amended to read:
1188	381.98  The Florida Public Health Foundation, Inc.;
1189	establishment; purpose; mission; duties; board of directors.--
1190	(6)  The affairs of the corporation shall be managed by an
1191	executive director appointed by a board of directors consisting
1192	of:
1193	(a)  The State Surgeon General Secretary of Health or his
1194	or her designee.
1195	Section 34.  Subsection (9) of section 381.983, Florida
1196	Statutes, is repealed.
1197	Section 35.  Subsections (2) and (3) of section 381.984,
1198	Florida Statutes, are amended to read:
1199	381.984  Educational programs.--
1200	(2)  PUBLIC INFORMATION INITIATIVE.--The Governor, in
1201	conjunction with the State Surgeon General Secretary of Health
1202	and his or her designee, shall sponsor a series of public
1203	service announcements on radio, television, the Internet, and
1204	print media about the nature of lead-based-paint hazards, the
1205	importance of standards for lead poisoning prevention in
1206	properties, and the purposes and responsibilities set forth in
1207	this act. In developing and coordinating this public information
1208	initiative, the sponsors shall seek the participation and
1209	involvement of private industry organizations, including those
1210	involved in real estate, insurance, mortgage banking, and
1211	pediatrics.
1212	(3)  DISTRIBUTION OF LITERATURE ABOUT CHILDHOOD LEAD
1213	POISONING.--By January 1, 2007, the State Surgeon General
1214	Secretary of Health or his or her designee shall develop
1215	culturally and linguistically appropriate information pamphlets
1216	regarding childhood lead poisoning, the importance of testing
1217	for elevated blood-lead levels, prevention of childhood lead
1218	poisoning, treatment of childhood lead poisoning, and, where
1219	appropriate, the requirements of this act. These information
1220	pamphlets shall be distributed to parents or the other legal
1221	guardians of children 6 years of age or younger on the following
1222	occasions:
1223	(a)  By a health care provider at the time of a child's
1224	birth and at the time of any childhood immunization or
1225	vaccination unless it is established that such information
1226	pamphlet has been provided previously to the parent or legal
1227	guardian by the health care provider within the prior 12 months.
1228	(b)  By the owner or operator of any child care facility or
1229	preschool or kindergarten class on or before October 15 of the
1230	calendar year.
1231	Section 36.  Section 381.985, Florida Statutes, is amended
1232	to read:
1233	381.985  Screening program.--
1234	(1)  The State Surgeon General secretary shall establish a
1235	program for early identification of persons at risk of having
1236	elevated blood-lead levels. Such program shall systematically
1237	screen children under 6 years of age in the target populations
1238	identified in subsection (2) for the presence of elevated blood-
1239	lead levels. Children within the specified target populations
1240	shall be screened with a blood-lead test at age 12 months and
1241	age 24 months, or between the ages of 36 months and 72 months if
1242	they have not previously been screened. The State Surgeon
1243	General secretary shall, after consultation with recognized
1244	professional medical groups and such other sources as the State
1245	Surgeon General secretary deems appropriate, promulgate rules
1246	establishing:
1247	(a)  The means by which and the intervals at which such
1248	children under 6 years of age shall be screened for lead
1249	poisoning and elevated blood-lead levels.
1250	(b)  Guidelines for the medical followup on children found
1251	to have elevated blood-lead levels.
1252	(2)  In developing screening programs to identify persons
1253	at risk with elevated blood-lead levels, priority shall be given
1254	to persons within the following categories:
1255	(a)  All children enrolled in the Medicaid program at ages
1256	12 months and 24 months, or between the ages of 36 months and 72
1257	months if they have not previously been screened.
1258	(b)  Children under the age of 6 years exhibiting delayed
1259	cognitive development or other symptoms of childhood lead
1260	poisoning.
1261	(c)  Persons at risk residing in the same household, or
1262	recently residing in the same household, as another person at
1263	risk with a blood-lead level of 10 ug/dL or greater.
1264	(d)  Persons at risk residing, or who have recently
1265	resided, in buildings or geographical areas in which significant
1266	numbers of cases of lead poisoning or elevated blood-lead levels
1267	have recently been reported.
1268	(e)  Persons at risk residing, or who have recently
1269	resided, in an affected property contained in a building that
1270	during the preceding 3 years has been subject to enforcement for
1271	violations of lead-poisoning-prevention statutes, ordinances,
1272	rules, or regulations as specified by the State Surgeon General
1273	secretary.
1274	(f)  Persons at risk residing, or who have recently
1275	resided, in a room or group of rooms contained in a building
1276	whose owner also owns a building containing affected properties
1277	which during the preceding 3 years has been subject to an
1278	enforcement action for a violation of lead-poisoning-prevention
1279	statutes, ordinances, rules, or regulations.
1280	(g)  Persons at risk residing in other buildings or
1281	geographical areas in which the State Surgeon General secretary
1282	reasonably determines there to be a significant risk of affected
1283	individuals having a blood-lead level of 10 ug/dL or greater.
1284	(3)  The State Surgeon General secretary shall maintain
1285	comprehensive records of all screenings conducted pursuant to
1286	this section. Such records shall be indexed geographically and
1287	by owner in order to determine the location of areas of
1288	relatively high incidence of lead poisoning and other elevated
1289	blood-lead levels.
1290
1291	All cases or probable cases of lead poisoning found in the
1292	course of screenings conducted pursuant to this section shall be
1293	reported to the affected individual, to his or her parent or
1294	legal guardian if he or she is a minor, and to the State Surgeon
1295	General secretary.
1296	Section 37.  Subsection (5) of section 383.14, Florida
1297	Statutes, is amended to read:
1298	383.14  Screening for metabolic disorders, other hereditary
1299	and congenital disorders, and environmental risk factors.--
1300	(5)  ADVISORY COUNCIL.--There is established a Genetics and
1301	Newborn Screening Advisory Council made up of 15 members
1302	appointed by the State Surgeon General Secretary of Health. The
1303	council shall be composed of two consumer members, three
1304	practicing pediatricians, at least one of whom must be a
1305	pediatric hematologist, one representative from each of the four
1306	medical schools in the state, the State Surgeon General
1307	Secretary of Health or his or her designee, one representative
1308	from the Department of Health representing Children's Medical
1309	Services, one representative from the Florida Hospital
1310	Association, one individual with experience in newborn screening
1311	programs, one individual representing audiologists, and one
1312	representative from the Agency for Persons with Disabilities.
1313	All appointments shall be for a term of 4 years. The chairperson
1314	of the council shall be elected from the membership of the
1315	council and shall serve for a period of 2 years. The council
1316	shall meet at least semiannually or upon the call of the
1317	chairperson. The council may establish ad hoc or temporary
1318	technical advisory groups to assist the council with specific
1319	topics which come before the council. Council members shall
1320	serve without pay. Pursuant to the provisions of s. 112.061, the
1321	council members are entitled to be reimbursed for per diem and
1322	travel expenses. It is the purpose of the council to advise the
1323	department about:
1324	(a)  Conditions for which testing should be included under
1325	the screening program and the genetics program.
1326	(b)  Procedures for collection and transmission of
1327	specimens and recording of results.
1328	(c)  Methods whereby screening programs and genetics
1329	services for children now provided or proposed to be offered in
1330	the state may be more effectively evaluated, coordinated, and
1331	consolidated.
1332	Section 38.  Subsection (6) of section 383.216, Florida
1333	Statutes, is amended to read:
1334	383.216  Community-based prenatal and infant health care.--
1335	(6)  Prenatal and infant health care coalitions may be
1336	established for single counties or for services delivery
1337	catchment areas. A prenatal and infant health care coalition
1338	shall be initiated at the local level on a voluntary basis. Once
1339	a coalition has been organized locally and includes the
1340	membership specified in subsection (5), the coalition must
1341	submit a list of its members to the State Surgeon General
1342	Secretary of Health to carry out the responsibilities outlined
1343	in this section.
1344	Section 39.  Subsection (7) of section 383.2162, Florida
1345	Statutes, is amended to read:
1346	383.2162  Black infant health practice initiative.--
1347	(7)  EVALUATIONS AND REPORTS.--The department shall conduct
1348	an annual evaluation of the implementation of the initiative
1349	describing which areas are participating in the initiative, the
1350	number of reviews conducted by each participating coalition,
1351	grant balances, and recommendations for modifying the
1352	initiative. All participating coalitions shall produce a report
1353	on their collective findings and recommendations by January 1,
1354	2010, to the Governor, the President of the Senate, the Speaker
1355	of the House of Representatives, and the State Surgeon General
1356	Secretary of Health.
1357	Section 40.  Subsection (2) of section 383.336, Florida
1358	Statutes, is amended to read:
1359	383.336  Provider hospitals; practice parameters; peer
1360	review board.--
1361	(2)  The Office of the State Surgeon General Secretary of
1362	Health, in consultation with the Board of Medicine and the
1363	Florida Obstetric and Gynecologic Society, is directed to
1364	establish practice parameters to be followed by physicians in
1365	provider hospitals in performance of a caesarean section
1366	delivery when the delivery will be paid partly or fully by state
1367	funds or federal funds administered by the state. These
1368	parameters shall be directed to reduce the number of unnecessary
1369	caesarean section deliveries. These practice parameters shall
1370	address, at a minimum, the following: feasibility of attempting
1371	a vaginal delivery for each patient with a prior caesarean
1372	section; dystocia, including arrested dilation and prolonged
1373	deceleration phase; fetal distress; and fetal malposition. The
1374	Department of Health shall adopt rules to implement the
1375	provisions of this subsection.
1376	Section 41.  Subsections (2), (4), (6), and (17) of section
1377	383.402, Florida Statutes, are amended to read:
1378	383.402  Child abuse death review; State Child Abuse Death
1379	Review Committee; local child abuse death review committees.--
1380	(2)(a)  The State Child Abuse Death Review Committee is
1381	established within the Department of Health and shall consist of
1382	a representative of the Department of Health, appointed by the
1383	State Surgeon General Secretary of Health, who shall serve as
1384	the state committee coordinator. The head of each of the
1385	following agencies or organizations shall also appoint a
1386	representative to the state committee:
1387	1.  The Department of Legal Affairs.
1388	2.  The Department of Children and Family Services.
1389	3.  The Department of Law Enforcement.
1390	4.  The Department of Education.
1391	5.  The Florida Prosecuting Attorneys Association, Inc.
1392	6.  The Florida Medical Examiners Commission, whose
1393	representative must be a forensic pathologist.
1394	(b)  In addition, the State Surgeon General Secretary of
1395	Health shall appoint the following members to the state
1396	committee, based on recommendations from the Department of
1397	Health and the agencies listed in paragraph (a), and ensuring
1398	that the committee represents the regional, gender, and ethnic
1399	diversity of the state to the greatest extent possible:
1400	1.  A board-certified pediatrician.
1401	2.  A public health nurse.
1402	3.  A mental health professional who treats children or
1403	adolescents.
1404	4.  An employee of the Department of Children and Family
1405	Services who supervises family services counselors and who has
1406	at least 5 years of experience in child protective
1407	investigations.
1408	5.  The medical director of a child protection team.
1409	6.  A member of a child advocacy organization.
1410	7.  A social worker who has experience in working with
1411	victims and perpetrators of child abuse.
1412	8.  A person trained as a paraprofessional in patient
1413	resources who is employed in a child abuse prevention program.
1414	9.  A law enforcement officer who has at least 5 years of
1415	experience in children's issues.
1416	10.  A representative of the Florida Coalition Against
1417	Domestic Violence.
1418	11.  A representative from a private provider of programs
1419	on preventing child abuse and neglect.
1420	(4)  The members of the state committee shall be appointed
1421	to staggered terms of office which may not exceed 2 years, as
1422	determined by the State Surgeon General Secretary of Health.
1423	Members are eligible for reappointment. The state committee
1424	shall elect a chairperson from among its members to serve for a
1425	2-year term, and the chairperson may appoint ad hoc committees
1426	as necessary to carry out the duties of the committee.
1427	(6)  At the direction of the State Surgeon General
1428	Secretary of Health, the director of each county health
1429	department, or the directors of two or more county health
1430	departments by agreement, may convene and support a county or
1431	multicounty child abuse death review committee in accordance
1432	with the protocols established by the State Child Abuse Death
1433	Review Committee. Each local committee must include a local
1434	state attorney, or his or her designee, and any other members
1435	that are determined by guidelines developed by the State Child
1436	Abuse Death Review Committee. The members of a local committee
1437	shall be appointed to 2-year terms and may be reappointed. The
1438	local committee shall elect a chairperson from among its
1439	members. Members shall serve without compensation but are
1440	entitled to reimbursement for per diem and travel expenses
1441	incurred in the performance of their duties as provided in s.
1442	112.061 and to the extent that funds are available.
1443	(17)  For the purpose of carrying out the responsibilities
1444	assigned to the State Child Abuse Death Review Committee and the
1445	local review committees, the State Surgeon General Secretary of
1446	Health may substitute an existing entity whose function and
1447	organization include the function and organization of the
1448	committees established by this section.
1449	Section 42.  Paragraph (c) of subsection (1) and subsection
1450	(2) of section 385.203, Florida Statutes, are amended to read:
1451	385.203  Diabetes Advisory Council; creation; function;
1452	membership.--
1453	(1)  To guide a statewide comprehensive approach to
1454	diabetes prevention, diagnosis, education, care, treatment,
1455	impact, and costs thereof, there is created a Diabetes Advisory
1456	Council that serves as the advisory unit to the Department of
1457	Health, other governmental agencies, professional and other
1458	organizations, and the general public. The council shall:
1459	(c)  By June 30 of each year, meet with the State Surgeon
1460	General Secretary of Health or designee to make specific
1461	recommendations regarding the public health aspects of the
1462	prevention and control of diabetes.
1463	(2)  The members of the council shall be appointed by the
1464	Governor with advice from the State Surgeon General Secretary of
1465	Health. Members shall serve 4-year terms or until their
1466	successors are appointed or qualified.
1467	Section 43.  Subsection (5) of section 385.210, Florida
1468	Statutes, is amended to read:
1469	385.210  Arthritis prevention and education.--
1470	(5)  FUNDING.--
1471	(a)  The State Surgeon General Secretary of Health may
1472	accept grants, services, and property from the Federal
1473	Government, foundations, organizations, medical schools, and
1474	other entities as may be available for the purposes of
1475	fulfilling the obligations of this program.
1476	(b)  The State Surgeon General secretary shall seek any
1477	federal waiver or waivers that may be necessary to maximize
1478	funds from the Federal Government to implement this program.
1479	Section 44.  Paragraph (a) of subsection (2) of section
1480	388.46, Florida Statutes, is amended to read:
1481	388.46  Florida Coordinating Council on Mosquito Control;
1482	establishment; membership; organization; responsibilities.--
1483	(2)  MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.--
1484	(a)  Membership.--The Florida Coordinating Council on
1485	Mosquito Control shall be comprised of the following
1486	representatives or their authorized designees:
1487	1.  The Secretary of Environmental Protection and the State
1488	Surgeon General Secretary of Health;
1489	2.  The executive director of the Fish and Wildlife
1490	Conservation Commission;
1491	3.  The state epidemiologist;
1492	4.  The Commissioner of Agriculture; and
1493	5.  Representatives from:
1494	a.  The University of Florida, Institute of Food and
1495	Agricultural Sciences, Florida Medical Entomological Research
1496	Laboratory;
1497	b.  Florida Agricultural and Mechanical University;
1498	c.  The United States Environmental Protection Agency;
1499	d.  The United States Department of Agriculture, Insects
1500	Affecting Man Laboratory;
1501	e.  The United States Fish and Wildlife Service;
1502	f.  Two mosquito control directors to be nominated by the
1503	Florida Mosquito Control Association, two representatives of
1504	Florida environmental groups, and two private citizens who are
1505	property owners whose lands are regularly subject to mosquito
1506	control operations, to be appointed to 4-year terms by the
1507	Commissioner of Agriculture; and
1508	g.  The Board of Trustees of the Internal Improvement Trust
1509	Fund.
1510	Section 45.  Subsection (1) of section 391.028, Florida
1511	Statutes, is amended to read:
1512	391.028  Administration.--The Children's Medical Services
1513	program shall have a central office and area offices.
1514	(1)  The Director of Children's Medical Services must be a
1515	physician licensed under chapter 458 or chapter 459 who has
1516	specialized training and experience in the provision of health
1517	care to children and who has recognized skills in leadership and
1518	the promotion of children's health programs. The director shall
1519	be the deputy secretary and the Deputy State Health Officer for
1520	Children's Medical Services and is appointed by and reports to
1521	the State Surgeon General secretary. The director may appoint
1522	division directors subject to the approval of the State Surgeon
1523	General secretary.
1524	Section 46.  Subsection (1) of section 391.221, Florida
1525	Statutes, is amended to read:
1526	391.221  Statewide Children's Medical Services Network
1527	Advisory Council.--
1528	(1)  The State Surgeon General secretary of the department
1529	may appoint a Statewide Children's Medical Services Network
1530	Advisory Council for the purpose of acting as an advisory body
1531	to the department. Specifically, the duties of the council shall
1532	include, but not be limited to:
1533	(a)  Recommending standards and credentialing requirements
1534	for health care providers rendering health services to
1535	Children's Medical Services network participants.
1536	(b)  Making recommendations to the director of Children's
1537	Medical Services concerning the selection of health care
1538	providers for the Children's Medical Services network.
1539	(c)  Reviewing and making recommendations concerning
1540	network health care provider or participant disputes that are
1541	brought to the attention of the advisory council.
1542	(d)  Providing input to the Children's Medical Services
1543	program on the policies governing the Children's Medical
1544	Services network.
1545	(e)  Reviewing the financial reports and financial status
1546	of the network and making recommendations concerning the methods
1547	of payment and cost controls for the network.
1548	(f)  Reviewing and recommending the scope of benefits for
1549	the network.
1550	(g)  Reviewing network performance measures and outcomes
1551	and making recommendations for improvements to the network and
1552	its maintenance and collection of data and information.
1553	Section 47.  Section 391.223, Florida Statutes, is amended
1554	to read:
1555	391.223  Technical advisory panels.--The State Surgeon
1556	General secretary of the department may establish technical
1557	advisory panels to assist in developing specific policies and
1558	procedures for the Children's Medical Services program.
1559	Section 48.  Paragraph (b) of subsection (1) of section
1560	397.333, Florida Statutes, is amended to read:
1561	397.333  Statewide Drug Policy Advisory Council.--
1562	(1)
1563	(b)  The following state officials shall be appointed to
1564	serve on the advisory council:
1565	1.  The Attorney General, or his or her designee.
1566	2.  The executive director of the Department of Law
1567	Enforcement, or his or her designee.
1568	3.  The Secretary of Children and Family Services, or his
1569	or her designee.
1570	4.  The State Surgeon General Secretary of Health, or his
1571	or her designee.
1572	5.  The Secretary of Corrections, or his or her designee.
1573	6.  The Secretary of Juvenile Justice, or his or her
1574	designee.
1575	7.  The Commissioner of Education, or his or her designee.
1576	8.  The executive director of the Department of Highway
1577	Safety and Motor Vehicles, or his or her designee.
1578	9.  The Adjutant General of the state as the Chief of the
1579	Department of Military Affairs, or his or her designee.
1580	Section 49.  Paragraph (a) of subsection (3) of section
1581	400.235, Florida Statutes, is amended to read:
1582	400.235  Nursing home quality and licensure status; Gold
1583	Seal Program.--
1584	(3)(a)  The Gold Seal Program shall be developed and
1585	implemented by the Governor's Panel on Excellence in Long-Term
1586	Care which shall operate under the authority of the Executive
1587	Office of the Governor. The panel shall be composed of three
1588	persons appointed by the Governor, to include a consumer
1589	advocate for senior citizens and two persons with expertise in
1590	the fields of quality management, service delivery excellence,
1591	or public sector accountability; three persons appointed by the
1592	Secretary of Elderly Affairs, to include an active member of a
1593	nursing facility family and resident care council and a member
1594	of the University Consortium on Aging; the State Long-Term Care
1595	Ombudsman; one person appointed by the Florida Life Care
1596	Residents Association; one person appointed by the State Surgeon
1597	General Secretary of Health; two persons appointed by the
1598	Secretary of Health Care Administration; one person appointed by
1599	the Florida Association of Homes for the Aging; and one person
1600	appointed by the Florida Health Care Association. Vacancies on
1601	the panel shall be filled in the same manner as the original
1602	appointments.
1603	Section 50.  Subsection (21) of section 401.23, Florida
1604	Statutes, is repealed.
1605	Section 51.  Paragraphs (a) and (c) of subsection (2) and
1606	subsection (6) of section 401.245, Florida Statutes, are amended
1607	to read:
1608	401.245  Emergency Medical Services Advisory Council.--
1609	(2)(a)  No more than 15 members may be appointed to this
1610	council. Members shall be appointed for 4-year terms in such a
1611	manner that each year the terms of approximately one-fourth of
1612	the members expire. The chair of the council shall be designated
1613	by the State Surgeon General secretary. Vacancies shall be
1614	filled for the remainder of unexpired terms in the same manner
1615	as the original appointment. Members shall receive no
1616	compensation but may be reimbursed for per diem and travel
1617	expenses.
1618	(c)  Appointments to the council shall be made by the State
1619	Surgeon General secretary, except that state agency
1620	representatives shall be appointed by the respective agency
1621	head.
1622	(6)  There is established a committee to advise the
1623	Department of Health on matters concerning preventative,
1624	prehospital, hospital, rehabilitative, and other posthospital
1625	medical care for children.
1626	(a)  Committee members shall be appointed by the State
1627	Surgeon General secretary, and shall include, but not be limited
1628	to, physicians and other medical professionals that have
1629	experience in emergency medicine or expertise in emergency and
1630	critical care for children.
1631	(b)  Appointments to the committee shall be for a term of 2
1632	years. Vacancies may be filled for the unexpired term at the
1633	discretion of the State Surgeon General secretary. The members
1634	shall serve without compensation, and shall not be reimbursed
1635	for necessary expenses incurred in the performance of their
1636	duties, unless there is funding available from the Federal
1637	Government or contributions or grants from private sources.
1638	Section 52.  Subsection (1) of section 401.421, Florida
1639	Statutes, is amended to read:
1640	401.421  Injunctive relief; cease and desist notice; civil
1641	penalty; enforcement.--
1642	(1)  The State Surgeon General secretary may cause to be
1643	instituted a civil action in circuit court for preliminary or
1644	permanent injunctive relief to remedy or prevent a violation of
1645	this part or any rule adopted by the department under this part.
1646	Section 53.  Paragraph (a) of subsection (4) of section
1647	402.56, Florida Statutes, is amended to read:
1648	402.56  Children's cabinet; organization; responsibilities;
1649	annual report.--
1650	(4)  MEMBERS.--The cabinet shall consist of 15 members
1651	including the Governor and the following persons:
1652	(a)1.  The Secretary of Children and Family Services;
1653	2.  The Secretary of Juvenile Justice;
1654	3.  The director of the Agency for Persons with
1655	Disabilities;
1656	4.  The director of the Agency for Workforce Innovation;
1657	5.  The State Surgeon General Secretary of Health;
1658	6.  The Secretary of Health Care Administration;
1659	7.  The Commissioner of Education;
1660	8.  The director of the Statewide Guardian Ad Litem Office;
1661	9.  The director of the Office of Child Abuse Prevention;
1662	and
1663	10.  Five members representing children and youth advocacy
1664	organizations, who are not service providers and who are
1665	appointed by the Governor.
1666	Section 54.  Subsections (1), (4), and (5) of section
1667	403.862, Florida Statutes, are amended to read:
1668	403.862  Department of Health; public water supply duties
1669	and responsibilities; coordinated budget requests with
1670	department.--
1671	(1)  Recognizing that supervision and control of county
1672	health departments of the Department of Health is retained by
1673	the State Surgeon General secretary of that agency, and that
1674	public health aspects of the state public water supply program
1675	require joint participation in the program by the Department of
1676	Health and its units and the department, the Department of
1677	Health shall:
1678	(a)  Establish and maintain laboratories for the conducting
1679	of radiological, microbiological, and chemical analyses of water
1680	samples from public water systems, which are submitted to such
1681	laboratories for analysis. Copies of the reports of such
1682	analyses and quarterly summary reports shall be submitted to the
1683	appropriate department district or subdistrict office.
1684	(b)  Require each county health department to:
1685	1.  Collect such water samples for analysis as may be
1686	required by the terms of this act, from public water systems
1687	within its jurisdiction. The duty to collect such samples may be
1688	shared with the appropriate department district or subdistrict
1689	office and shall be coordinated by field personnel involved.
1690	2.  Submit the collected water samples to the appropriate
1691	laboratory for analysis.
1692	3.  Maintain reports of analyses for its own records.
1693	4.  Conduct complaint investigation of public water systems
1694	to determine compliance with federal, state, and local standards
1695	and permit compliance.
1696	5.  Notify the appropriate department district or
1697	subdistrict office of potential violations of federal, state,
1698	and local standards and permit conditions by public water
1699	systems and assist the department in enforcement actions with
1700	respect to such violations to the maximum extent practicable.
1701	6.  Review and evaluate laboratory analyses of water
1702	samples from private water systems.
1703	(c)  Require those county health departments designated by
1704	the Department of Health and approved by the department as
1705	having qualified sanitary engineering staffs and available legal
1706	resources, in addition to the duties prescribed in paragraph
1707	(b), to:
1708	1.  Review, evaluate, and approve or disapprove each
1709	application for the construction, modification, or expansion of
1710	a public water system to determine compliance with federal,
1711	state, and local requirements. A copy of the completed permit
1712	application and a report of the final action taken by the county
1713	health department shall be forwarded to the appropriate
1714	department district office.
1715	2.  Review, evaluate, and approve or disapprove
1716	applications for the expansion of distribution systems. Written
1717	notification of action taken on such applications shall be
1718	forwarded to the appropriate department district or subdistrict
1719	office.
1720	3.  Maintain inventory, operational, and bacteriological
1721	records and carry out monitoring, surveillance, and sanitary
1722	surveys of public water systems to ensure compliance with
1723	federal, state, and local regulations.
1724	4.  Participate in educational and training programs
1725	relating to drinking water and public water systems.
1726	5.  Enforce the provisions of this part and rules adopted
1727	under this part.
1728	(d)  Require those county health departments designated by
1729	the Department of Health as having the capability of performing
1730	bacteriological analyses, in addition to the duties prescribed
1731	in paragraph (b), to:
1732	1.  Perform bacteriological analyses of water samples
1733	submitted for analysis.
1734	2.  Submit copies of the reports of such analyses to the
1735	appropriate department district or subdistrict office.
1736	(e)  Make available to the central and branch laboratories
1737	funds sufficient, to the maximum extent possible, to carry out
1738	the public water supply functions and responsibilities required
1739	of such laboratories as provided in this section.
1740	(f)  Have general supervision and control over all private
1741	water systems and all public water systems not otherwise covered
1742	or included in this part. This shall include the authority to
1743	adopt and enforce rules, including definitions of terms, to
1744	protect the health, safety, or welfare of persons being served
1745	by all private water systems and all public water systems not
1746	otherwise covered by this part.
1747	(g)  Assist state and local agencies in the determination
1748	and investigation of suspected waterborne disease outbreaks,
1749	including diseases associated with chemical contaminants.
1750	(h)  Upon request, consult with and advise any county or
1751	municipal authority as to water supply activities.
1752	(4)  If the department determines that a county health
1753	department or other unit of the Department of Health is not
1754	performing its public water supply responsibilities
1755	satisfactorily, the secretary of the department shall certify
1756	such determination in writing to the State Surgeon General
1757	Secretary of Health. The State Surgeon General Secretary of
1758	Health shall evaluate the determination of the department and
1759	shall inform the secretary of the department of his or her
1760	evaluation. Upon concurrence, the State Surgeon General
1761	Secretary of Health shall take immediate corrective action.
1762	(5)  Nothing in this section shall serve to negate the
1763	powers, duties, and responsibilities of the State Surgeon
1764	General Secretary of Health relating to the protection of the
1765	public from the spread of communicable disease, epidemics, and
1766	plagues.
1767	Section 55.  Paragraph (c) of subsection (1) of section
1768	406.02, Florida Statutes, is amended to read:
1769	406.02  Medical Examiners Commission; membership; terms;
1770	duties; staff.--
1771	(1)  There is created the Medical Examiners Commission
1772	within the Department of Law Enforcement. The commission shall
1773	consist of nine persons appointed or selected as follows:
1774	(c)  One member shall be the State Surgeon General
1775	Secretary of Health or her or his designated representative.
1776	Section 56.  Paragraph (d) of subsection (1) of section
1777	408.916, Florida Statutes, is amended to read:
1778	408.916  Steering committee.--In order to guide the
1779	implementation of the pilot project, there is created a Health
1780	Care Access Steering Committee.
1781	(1)  The steering committee shall be composed of the
1782	following members:
1783	(d)  The State Surgeon General Secretary of Health.
1784	Section 57.  Paragraph (a) of subsection (1) of section
1785	409.352, Florida Statutes, is amended to read:
1786	409.352  Licensing requirements for physicians, osteopathic
1787	physicians, and chiropractic physicians employed by the
1788	department.--
1789	(1)  It is the intent of the Legislature that physicians
1790	providing services in state institutions meet the professional
1791	standards of their respective licensing boards and that such
1792	institutions make every reasonable effort to assure that all
1793	physicians employed are licensed, or will become licensed, in
1794	this state. When state-licensed physicians cannot be obtained in
1795	sufficient numbers to provide quality services, the licensing
1796	requirements in chapters 458, 459, and 460 to the contrary
1797	notwithstanding, persons employed as physicians, osteopathic
1798	physicians, or chiropractic physicians in a state institution,
1799	except those under the control of the Department of Corrections
1800	on June 28, 1977, may be exempted from licensure in accordance
1801	with the following provisions:
1802	(a)  No more than 10 percent of such persons shall be
1803	exempted from licensure during their continued employment in a
1804	state institution. Those persons who shall be so exempted shall
1805	be selected by the State Surgeon General secretary of the
1806	Department of Health. In making the selection, the State Surgeon
1807	General secretary shall submit his or her recommendations to the
1808	appropriate licensing board for a determination by the board,
1809	without written examination, of whether or not the person
1810	recommended meets the professional standards required of such
1811	person in the performance of his or her duties or functions. The
1812	criteria to be used by the respective board in making its
1813	determination shall include, but not be limited to, the person's
1814	professional educational background, formal specialty training,
1815	and professional experience within the 10 years immediately
1816	preceding employment by the state institution.
1817	Section 58.  Subsection (4) of section 409.91255, Florida
1818	Statutes, is amended to read:
1819	409.91255  Federally qualified health center access
1820	program.--
1821	(4)  EVALUATION OF APPLICATIONS.--A review panel shall be
1822	established, consisting of four persons appointed by the State
1823	Surgeon General Secretary of Health and three persons appointed
1824	by the chief executive officer of the Florida Association of
1825	Community Health Centers, Inc., to review all applications for
1826	financial assistance under the program. Applicants shall specify
1827	in the application whether the program funds will be used for
1828	the expansion of patient caseloads or services or for capital
1829	improvement projects to expand and improve patient facilities.
1830	The panel shall use the following elements in reviewing
1831	application proposals and shall determine the relative weight
1832	for scoring and evaluating these elements:
1833	(a)  The target population to be served.
1834	(b)  The health benefits to be provided.
1835	(c)  The methods that will be used to measure cost-
1836	effectiveness.
1837	(d)  How patient satisfaction will be measured.
1838	(e)  The proposed internal quality assurance process.
1839	(f)  Projected health status outcomes.
1840	(g)  How data will be collected to measure cost-
1841	effectiveness, health status outcomes, and overall achievement
1842	of the goals of the proposal.
1843	(h)  All resources, including cash, in-kind, voluntary, or
1844	other resources that will be dedicated to the proposal.
1845	Section 59.  Paragraphs (b) and (f) of subsection (2) of
1846	section 413.271, Florida Statutes, are amended to read:
1847	413.271  Florida Coordinating Council for the Deaf and Hard
1848	of Hearing.--
1849	(2)
1850	(b)  The coordinating council shall be composed of 17
1851	members. The appointment of members not representing agencies
1852	shall be made by the Governor. The appointment of members
1853	representing organizations shall be made by the Governor in
1854	consultation with those organizations. The membership shall be
1855	as follows:
1856	1.  Two members representing the Florida Association of the
1857	Deaf.
1858	2.  Two members representing the Florida Association of
1859	Self Help for Hard of Hearing People.
1860	3.  A member representing the Association of Late-Deafened
1861	Adults.
1862	4.  An individual who is deaf and blind.
1863	5.  A parent of an individual who is deaf.
1864	6.  A member representing the Deaf Service Center
1865	Association.
1866	7.  A member representing the Florida Registry of
1867	Interpreters for the Deaf.
1868	8.  A member representing the Florida Alexander Graham Bell
1869	Association for the Deaf and Hard of Hearing.
1870	9.  A communication access realtime translator.
1871	10.  An audiologist licensed under part I of chapter 468.
1872	11.  A hearing aid specialist licensed under part II of
1873	chapter 484.
1874	12.  The Secretary of Children and Family Services or his
1875	or her designee.
1876	13.  The State Surgeon General Secretary of Health or his
1877	or her designee.
1878	14.  The Commissioner of Education or his or her designee.
1879	15.  The Secretary of Elderly Affairs or his or her
1880	designee.
1881
1882	If any organization from which a representative is to be drawn
1883	ceases to exist, a representative of a similar organization
1884	shall be named to the coordinating council. The Governor shall
1885	make appointments to the coordinating council no later than
1886	August 1, 2004, and may remove any member for cause. Each member
1887	shall be appointed to a term of 4 years. However, for the
1888	purpose of providing staggered terms, of the initial
1889	appointments not representing state agencies, seven members,
1890	including the audiologist and the hearing aid specialist, shall
1891	be appointed to 2-year terms and six members shall be appointed
1892	to 4-year terms. Any vacancy on the coordinating council shall
1893	be filled in the same manner as the original appointment, and
1894	any member appointed to fill a vacancy occurring because of
1895	death, resignation, or ineligibility for membership shall serve
1896	only for the unexpired term of the member's predecessor. Prior
1897	to serving on the coordinating council, all appointees must
1898	attend orientation training that shall address, at a minimum,
1899	the provisions of this section; the programs operated by the
1900	coordinating council; the role and functions of the coordinating
1901	council; the current budget for the coordinating council; the
1902	results of the most recent formal audit of the coordinating
1903	council; and the requirements of the state's public records law,
1904	the code of ethics, the Administrative Procedure Act, and other
1905	laws relating to public officials, including conflict-of-
1906	interest laws.
1907	(f)  Staff of the Department of Health shall be assigned by
1908	the State Surgeon General Secretary of Health to assist the
1909	council in the duties assigned to it by this section.
1910	Section 60.  Subsection (2) of section 420.622, Florida
1911	Statutes, is amended to read:
1912	420.622  State Office on Homelessness; Council on
1913	Homelessness.--
1914	(2)  The Council on Homelessness is created to consist of a
1915	15-member council of public and private agency representatives
1916	who shall develop policy and advise the State Office on
1917	Homelessness. The council members shall be: the Secretary of
1918	Children and Family Services, or his or her designee; the
1919	Secretary of Community Affairs, or his or her designee; the
1920	State Surgeon General Secretary of Health, or his or her
1921	designee; the Executive Director of Veterans' Affairs, or his or
1922	her designee; the Secretary of Corrections, or his or her
1923	designee; the Director of Workforce Florida, Inc., or his or her
1924	designee; one representative of the Florida Association of
1925	Counties; one representative of the Florida Coalition for
1926	Supportive Housing; the Executive Director of the Florida
1927	Housing Finance Corporation, or his or her designee; one
1928	representative of the Florida Coalition for the Homeless; one
1929	representative of the Florida State Rural Development Council;
1930	and four members appointed by the Governor. The council members
1931	shall be volunteer, nonpaid persons and shall be reimbursed for
1932	travel expenses only. The appointed members of the council shall
1933	serve staggered 2-year terms, and the council shall meet at
1934	least four times per year. The importance of minority, gender,
1935	and geographic representation must be considered when appointing
1936	members to the council.
1937	Section 61.  Section 456.005, Florida Statutes, is amended
1938	to read:
1939	456.005  Long-range policy planning; plans, reports, and
1940	recommendations.--To facilitate efficient and cost-effective
1941	regulation, the department and the board, where appropriate,
1942	shall develop and implement a long-range policy planning and
1943	monitoring process to include recommendations specific to each
1944	profession. Such process shall include estimates of revenues,
1945	expenditures, cash balances, and performance statistics for each
1946	profession. The period covered shall not be less than 5 years.
1947	The department, with input from the boards, shall develop the
1948	long-range plan and must obtain the approval of the State
1949	Surgeon General secretary. The department shall monitor
1950	compliance with the approved long-range plan and, with input
1951	from the boards, shall annually update the plans for approval by
1952	the State Surgeon General secretary. The department shall
1953	provide concise management reports to the boards quarterly. As
1954	part of the review process, the department shall evaluate:
1955	(1)  Whether the department, including the boards and the
1956	various functions performed by the department, is operating
1957	efficiently and effectively and if there is a need for a board
1958	or council to assist in cost-effective regulation.
1959	(2)  How and why the various professions are regulated.
1960	(3)  Whether there is a need to continue regulation, and to
1961	what degree.
1962	(4)  Whether or not consumer protection is adequate, and
1963	how it can be improved.
1964	(5)  Whether there is consistency between the various
1965	practice acts.
1966	(6)  Whether unlicensed activity is adequately enforced.
1967
1968	Such plans should include conclusions and recommendations on
1969	these and other issues as appropriate. Such plans shall be
1970	provided to the Governor and the Legislature by November 1 of
1971	each year.
1972	Section 62.  Subsections (4) and (5) of section 456.011,
1973	Florida Statutes, are amended to read:
1974	456.011  Boards; organization; meetings; compensation and
1975	travel expenses.--
1976	(4)  Unless otherwise provided by law, a board member or
1977	former board member serving on a probable cause panel shall be
1978	compensated $50 for each day in attendance at an official
1979	meeting of the board and for each day of participation in any
1980	other business involving the board. Each board shall adopt rules
1981	defining the phrase "other business involving the board," but
1982	the phrase may not routinely be defined to include telephone
1983	conference calls that last less than 4 hours. A board member
1984	also shall be entitled to reimbursement for expenses pursuant to
1985	s. 112.061. Travel out of state shall require the prior approval
1986	of the State Surgeon General secretary.
1987	(5)  When two or more boards have differences between them,
1988	the boards may elect to, or the State Surgeon General secretary
1989	may request that the boards, establish a special committee to
1990	settle those differences. The special committee shall consist of
1991	three members designated by each board, who may be members of
1992	the designating board or other experts designated by the board,
1993	and of one additional person designated and agreed to by the
1994	members of the special committee. In the event the special
1995	committee cannot agree on the additional designee, upon request
1996	of the special committee, the State Surgeon General secretary
1997	may select the designee. The committee shall recommend rules
1998	necessary to resolve the differences. If a rule adopted pursuant
1999	to this provision is challenged, the participating boards shall
2000	share the costs associated with defending the rule or rules. The
2001	department shall provide legal representation for any special
2002	committee established pursuant to this section.
2003	Section 63.  Subsections (1) and (2) of section 456.012,
2004	Florida Statutes, are amended to read:
2005	456.012  Board rules; final agency action; challenges.--
2006	(1)  The State Surgeon General secretary of the department
2007	shall have standing to challenge any rule or proposed rule of a
2008	board under its jurisdiction pursuant to s. 120.56. In addition
2009	to challenges for any invalid exercise of delegated legislative
2010	authority, the administrative law judge, upon such a challenge
2011	by the State Surgeon General secretary, may declare all or part
2012	of a rule or proposed rule invalid if it:
2013	(a)  Does not protect the public from any significant and
2014	discernible harm or damages;
2015	(b)  Unreasonably restricts competition or the availability
2016	of professional services in the state or in a significant part
2017	of the state; or
2018	(c)  Unnecessarily increases the cost of professional
2019	services without a corresponding or equivalent public benefit.
2020
2021	However, there shall not be created a presumption of the
2022	existence of any of the conditions cited in this subsection in
2023	the event that the rule or proposed rule is challenged.
2024	(2)  In addition, either the State Surgeon General
2025	secretary or the board shall be a substantially interested party
2026	for purposes of s. 120.54(7). The board may, as an adversely
2027	affected party, initiate and maintain an action pursuant to s.
2028	120.68 challenging the final agency action.
2029	Section 64.  Paragraph (z) of subsection (1) of section
2030	456.072, Florida Statutes, is amended to read:
2031	456.072  Grounds for discipline; penalties; enforcement.--
2032	(1)  The following acts shall constitute grounds for which
2033	the disciplinary actions specified in subsection (2) may be
2034	taken:
2035	(z)  Being unable to practice with reasonable skill and
2036	safety to patients by reason of illness or use of alcohol,
2037	drugs, narcotics, chemicals, or any other type of material or as
2038	a result of any mental or physical condition. In enforcing this
2039	paragraph, the department shall have, upon a finding of the
2040	State Surgeon General secretary or the State Surgeon General's
2041	secretary's designee that probable cause exists to believe that
2042	the licensee is unable to practice because of the reasons stated
2043	in this paragraph, the authority to issue an order to compel a
2044	licensee to submit to a mental or physical examination by
2045	physicians designated by the department. If the licensee refuses
2046	to comply with the order, the department's order directing the
2047	examination may be enforced by filing a petition for enforcement
2048	in the circuit court where the licensee resides or does
2049	business. The department shall be entitled to the summary
2050	procedure provided in s. 51.011. A licensee or certificateholder
2051	affected under this paragraph shall at reasonable intervals be
2052	afforded an opportunity to demonstrate that he or she can resume
2053	the competent practice of his or her profession with reasonable
2054	skill and safety to patients.
2055	Section 65.  Subsections (1), (4), and (8) of section
2056	456.073, Florida Statutes, are amended to read:
2057	456.073  Disciplinary proceedings.--Disciplinary
2058	proceedings for each board shall be within the jurisdiction of
2059	the department.
2060	(1)  The department, for the boards under its jurisdiction,
2061	shall cause to be investigated any complaint that is filed
2062	before it if the complaint is in writing, signed by the
2063	complainant, and legally sufficient. A complaint filed by a
2064	state prisoner against a health care practitioner employed by or
2065	otherwise providing health care services within a facility of
2066	the Department of Corrections is not legally sufficient unless
2067	there is a showing that the prisoner complainant has exhausted
2068	all available administrative remedies within the state
2069	correctional system before filing the complaint. However, if the
2070	Department of Health determines after a preliminary inquiry of a
2071	state prisoner's complaint that the practitioner may present a
2072	serious threat to the health and safety of any individual who is
2073	not a state prisoner, the Department of Health may determine
2074	legal sufficiency and proceed with discipline. The Department of
2075	Health shall be notified within 15 days after the Department of
2076	Corrections disciplines or allows a health care practitioner to
2077	resign for an offense related to the practice of his or her
2078	profession. A complaint is legally sufficient if it contains
2079	ultimate facts that show that a violation of this chapter, of
2080	any of the practice acts relating to the professions regulated
2081	by the department, or of any rule adopted by the department or a
2082	regulatory board in the department has occurred. In order to
2083	determine legal sufficiency, the department may require
2084	supporting information or documentation. The department may
2085	investigate, and the department or the appropriate board may
2086	take appropriate final action on, a complaint even though the
2087	original complainant withdraws it or otherwise indicates a
2088	desire not to cause the complaint to be investigated or
2089	prosecuted to completion. The department may investigate an
2090	anonymous complaint if the complaint is in writing and is
2091	legally sufficient, if the alleged violation of law or rules is
2092	substantial, and if the department has reason to believe, after
2093	preliminary inquiry, that the violations alleged in the
2094	complaint are true. The department may investigate a complaint
2095	made by a confidential informant if the complaint is legally
2096	sufficient, if the alleged violation of law or rule is
2097	substantial, and if the department has reason to believe, after
2098	preliminary inquiry, that the allegations of the complainant are
2099	true. The department may initiate an investigation if it has
2100	reasonable cause to believe that a licensee or a group of
2101	licensees has violated a Florida statute, a rule of the
2102	department, or a rule of a board. Notwithstanding subsection
2103	(13), the department may investigate information filed pursuant
2104	to s. 456.041(4) relating to liability actions with respect to
2105	practitioners licensed under chapter 458 or chapter 459 which
2106	have been reported under s. 456.049 or s. 627.912 within the
2107	previous 6 years for any paid claim that exceeds $50,000. Except
2108	as provided in ss. 458.331(9), 459.015(9), 460.413(5), and
2109	461.013(6), when an investigation of any subject is undertaken,
2110	the department shall promptly furnish to the subject or the
2111	subject's attorney a copy of the complaint or document that
2112	resulted in the initiation of the investigation. The subject may
2113	submit a written response to the information contained in such
2114	complaint or document within 20 days after service to the
2115	subject of the complaint or document. The subject's written
2116	response shall be considered by the probable cause panel. The
2117	right to respond does not prohibit the issuance of a summary
2118	emergency order if necessary to protect the public. However, if
2119	the State Surgeon General secretary, or the State Surgeon
2120	General's secretary's designee, and the chair of the respective
2121	board or the chair of its probable cause panel agree in writing
2122	that such notification would be detrimental to the
2123	investigation, the department may withhold notification. The
2124	department may conduct an investigation without notification to
2125	any subject if the act under investigation is a criminal
2126	offense.
2127	(4)  The determination as to whether probable cause exists
2128	shall be made by majority vote of a probable cause panel of the
2129	board, or by the department, as appropriate. Each regulatory
2130	board shall provide by rule that the determination of probable
2131	cause shall be made by a panel of its members or by the
2132	department. Each board may provide by rule for multiple probable
2133	cause panels composed of at least two members. Each board may
2134	provide by rule that one or more members of the panel or panels
2135	may be a former board member. The length of term or repetition
2136	of service of any such former board member on a probable cause
2137	panel may vary according to the direction of the board when
2138	authorized by board rule. Any probable cause panel must include
2139	one of the board's former or present consumer members, if one is
2140	available, is willing to serve, and is authorized to do so by
2141	the board chair. Any probable cause panel must include a present
2142	board member. Any probable cause panel must include a former or
2143	present professional board member. However, any former
2144	professional board member serving on the probable cause panel
2145	must hold an active valid license for that profession. All
2146	proceedings of the panel are exempt from s. 286.011 until 10
2147	days after probable cause has been found to exist by the panel
2148	or until the subject of the investigation waives his or her
2149	privilege of confidentiality. The probable cause panel may make
2150	a reasonable request, and upon such request the department shall
2151	provide such additional investigative information as is
2152	necessary to the determination of probable cause. A request for
2153	additional investigative information shall be made within 15
2154	days from the date of receipt by the probable cause panel of the
2155	investigative report of the department or the agency. The
2156	probable cause panel or the department, as may be appropriate,
2157	shall make its determination of probable cause within 30 days
2158	after receipt by it of the final investigative report of the
2159	department. The State Surgeon General secretary may grant
2160	extensions of the 15-day and the 30-day time limits. In lieu of
2161	a finding of probable cause, the probable cause panel, or the
2162	department if there is no board, may issue a letter of guidance
2163	to the subject. If, within the 30-day time limit, as may be
2164	extended, the probable cause panel does not make a determination
2165	regarding the existence of probable cause or does not issue a
2166	letter of guidance in lieu of a finding of probable cause, the
2167	department must make a determination regarding the existence of
2168	probable cause within 10 days after the expiration of the time
2169	limit. If the probable cause panel finds that probable cause
2170	exists, it shall direct the department to file a formal
2171	complaint against the licensee. The department shall follow the
2172	directions of the probable cause panel regarding the filing of a
2173	formal complaint. If directed to do so, the department shall
2174	file a formal complaint against the subject of the investigation
2175	and prosecute that complaint pursuant to chapter 120. However,
2176	the department may decide not to prosecute the complaint if it
2177	finds that probable cause has been improvidently found by the
2178	panel. In such cases, the department shall refer the matter to
2179	the board. The board may then file a formal complaint and
2180	prosecute the complaint pursuant to chapter 120. The department
2181	shall also refer to the board any investigation or disciplinary
2182	proceeding not before the Division of Administrative Hearings
2183	pursuant to chapter 120 or otherwise completed by the department
2184	within 1 year after the filing of a complaint. The department,
2185	for disciplinary cases under its jurisdiction, must establish a
2186	uniform reporting system to quarterly refer to each board the
2187	status of any investigation or disciplinary proceeding that is
2188	not before the Division of Administrative Hearings or otherwise
2189	completed by the department within 1 year after the filing of
2190	the complaint. Annually, the department, in consultation with
2191	the applicable probable cause panel, must establish a plan to
2192	expedite or otherwise close any investigation or disciplinary
2193	proceeding that is not before the Division of Administrative
2194	Hearings or otherwise completed by the department within 1 year
2195	after the filing of the complaint. A probable cause panel or a
2196	board may retain independent legal counsel, employ
2197	investigators, and continue the investigation as it deems
2198	necessary; all costs thereof shall be paid from a trust fund
2199	used by the department to implement this chapter. All
2200	proceedings of the probable cause panel are exempt from s.
2201	120.525.
2202	(8)  Any proceeding for the purpose of summary suspension
2203	of a license, or for the restriction of the license, of a
2204	licensee pursuant to s. 120.60(6) shall be conducted by the
2205	State Surgeon General secretary of the Department of Health or
2206	his or her designee, as appropriate, who shall issue the final
2207	summary order.
2208	Section 66.  Subsection (2) of section 456.074, Florida
2209	Statutes, is amended to read:
2210	456.074  Certain health care practitioners; immediate
2211	suspension of license.--
2212	(2)  If the board has previously found any physician or
2213	osteopathic physician in violation of the provisions of s.
2214	458.331(1)(t) or s. 459.015(1)(x), in regard to her or his
2215	treatment of three or more patients, and the probable cause
2216	panel of the board finds probable cause of an additional
2217	violation of that section, then the State Surgeon General
2218	Secretary of Health shall review the matter to determine if an
2219	emergency suspension or restriction order is warranted. Nothing
2220	in this section shall be construed so as to limit the authority
2221	of the State Surgeon General secretary of the department to
2222	issue an emergency order.
2223	Section 67.  Paragraph (b) of subsection (5) of section
2224	456.076, Florida Statutes, is amended to read:
2225	456.076  Treatment programs for impaired practitioners.--
2226	(5)
2227	(b)  If in the opinion of the consultant, after
2228	consultation with the treatment provider, an impaired licensee
2229	has not progressed satisfactorily in a treatment program, all
2230	information regarding the issue of a licensee's impairment and
2231	participation in a treatment program in the consultant's
2232	possession shall be disclosed to the department. Such disclosure
2233	shall constitute a complaint pursuant to the general provisions
2234	of s. 456.073. Whenever the consultant concludes that impairment
2235	affects a licensee's practice and constitutes an immediate,
2236	serious danger to the public health, safety, or welfare, that
2237	conclusion shall be communicated to the State Surgeon General
2238	secretary of the department.
2239	Section 68.  Paragraph (o) of subsection (1) of section
2240	457.109, Florida Statutes, is amended to read:
2241	457.109  Disciplinary actions; grounds; action by the
2242	board.--
2243	(1)  The following acts constitute grounds for denial of a
2244	license or disciplinary action, as specified in s. 456.072(2):
2245	(o)  Being unable to practice acupuncture with reasonable
2246	skill and safety to patients by reason of illness or use of
2247	alcohol, drugs, narcotics, chemicals, or any other type of
2248	material or as a result of any mental or physical condition. In
2249	enforcing this paragraph, upon a finding of the State Surgeon
2250	General secretary or the State Surgeon General's secretary's
2251	designee that probable cause exists to believe that the licensee
2252	is unable to serve as an acupuncturist due to the reasons stated
2253	in this paragraph, the department shall have the authority to
2254	issue an order to compel the licensee to submit to a mental or
2255	physical examination by a physician designated by the
2256	department. If the licensee refuses to comply with such order,
2257	the department's order directing such examination may be
2258	enforced by filing a petition for enforcement in the circuit
2259	court where the licensee resides or serves as an acupuncturist.
2260	The licensee against whom the petition is filed shall not be
2261	named or identified by initials in any public court record or
2262	document, and the proceedings shall be closed to the public. The
2263	department shall be entitled to the summary procedure provided
2264	in s. 51.011. An acupuncturist affected under this paragraph
2265	shall at reasonable intervals be afforded an opportunity to
2266	demonstrate that he or she can resume the competent practice of
2267	acupuncture with reasonable skill and safety to patients. In any
2268	proceeding under this paragraph, neither the record of
2269	proceedings nor the orders entered by the department shall be
2270	used against an acupuncturist in any other proceeding.
2271	Section 69.  Subsection (4) of section 458.311, Florida
2272	Statutes, is amended to read:
2273	458.311  Licensure by examination; requirements; fees.--
2274	(4)  The department and the board shall assure that
2275	applicants for licensure meet the criteria in subsection (1)
2276	through an investigative process. When the investigative process
2277	is not completed within the time set out in s. 120.60(1) and the
2278	department or board has reason to believe that the applicant
2279	does not meet the criteria, the State Surgeon General secretary
2280	or the State Surgeon General's secretary's designee may issue a
2281	90-day licensure delay which shall be in writing and sufficient
2282	to notify the applicant of the reason for the delay. The
2283	provisions of this subsection shall control over any conflicting
2284	provisions of s. 120.60(1).
2285	Section 70.  Subsection (3) of section 458.313, Florida
2286	Statutes, is amended to read:
2287	458.313  Licensure by endorsement; requirements; fees.--
2288	(3)  The department and the board shall ensure that
2289	applicants for licensure by endorsement meet applicable criteria
2290	in this chapter through an investigative process. When the
2291	investigative process is not completed within the time set out
2292	in s. 120.60(1) and the department or board has reason to
2293	believe that the applicant does not meet the criteria, the State
2294	Surgeon General secretary or the State Surgeon General's
2295	secretary's designee may issue a 90-day licensure delay which
2296	shall be in writing and sufficient to notify the applicant of
2297	the reason for the delay. The provisions of this subsection
2298	shall control over any conflicting provisions of s. 120.60(1).
2299	Section 71.  Paragraph (b) of subsection (2) of section
2300	458.316, Florida Statutes, is amended to read:
2301	458.316  Public health certificate.--
2302	(2)  Such certificate shall be issued pursuant to the
2303	following conditions:
2304	(b)  The certificate is subject to biennial renewal and
2305	shall be renewable only if the State Surgeon General secretary
2306	of the Department of Health recommends in writing that the
2307	certificate be renewed.
2308	Section 72.  Paragraph (b) of subsection (1) of section
2309	458.3165, Florida Statutes, is amended to read:
2310	458.3165  Public psychiatry certificate.--The board shall
2311	issue a public psychiatry certificate to an individual who
2312	remits an application fee not to exceed $300, as set by the
2313	board, who is a board-certified psychiatrist, who is licensed to
2314	practice medicine without restriction in another state, and who
2315	meets the requirements in s. 458.311(1)(a)-(g) and (5). A
2316	recipient of a public psychiatry certificate may use the
2317	certificate to work at any public mental health facility or
2318	program funded in part or entirely by state funds.
2319	(1)  Such certificate shall:
2320	(b)  Be issued and renewable biennially if the State
2321	Surgeon General secretary of the Department of Health and the
2322	chair of the department of psychiatry at one of the public
2323	medical schools or the chair of the department of psychiatry at
2324	the accredited medical school at the University of Miami
2325	recommend in writing that the certificate be issued or renewed.
2326	Section 73.  Paragraph (s) of subsection (1) of section
2327	458.331, Florida Statutes, is amended to read:
2328	458.331  Grounds for disciplinary action; action by the
2329	board and department.--
2330	(1)  The following acts constitute grounds for denial of a
2331	license or disciplinary action, as specified in s. 456.072(2):
2332	(s)  Being unable to practice medicine with reasonable
2333	skill and safety to patients by reason of illness or use of
2334	alcohol, drugs, narcotics, chemicals, or any other type of
2335	material or as a result of any mental or physical condition. In
2336	enforcing this paragraph, the department shall have, upon a
2337	finding of the State Surgeon General secretary or the State
2338	Surgeon General's secretary's designee that probable cause
2339	exists to believe that the licensee is unable to practice
2340	medicine because of the reasons stated in this paragraph, the
2341	authority to issue an order to compel a licensee to submit to a
2342	mental or physical examination by physicians designated by the
2343	department. If the licensee refuses to comply with such order,
2344	the department's order directing such examination may be
2345	enforced by filing a petition for enforcement in the circuit
2346	court where the licensee resides or does business. The licensee
2347	against whom the petition is filed may not be named or
2348	identified by initials in any public court records or documents,
2349	and the proceedings shall be closed to the public. The
2350	department shall be entitled to the summary procedure provided
2351	in s. 51.011. A licensee or certificateholder affected under
2352	this paragraph shall at reasonable intervals be afforded an
2353	opportunity to demonstrate that he or she can resume the
2354	competent practice of medicine with reasonable skill and safety
2355	to patients.
2356	Section 74.  Subsection (2) of section 458.346, Florida
2357	Statutes, is amended to read:
2358	458.346  Public Sector Physician Advisory Committee.--
2359	(2)  PUBLIC SECTOR PHYSICIAN ADVISORY COMMITTEE.--There is
2360	hereby created a Public Sector Physician Advisory Committee
2361	which shall be comprised of three physicians. One physician
2362	shall be appointed by the chair of the Board of Medicine. The
2363	two remaining physicians shall be appointed by the State Surgeon
2364	General secretary of the department from recommendations of the
2365	appropriate organization, if any, representing such physicians
2366	for the purpose of collective bargaining. The chair of the
2367	committee shall be one of the two public sector physicians who
2368	shall be elected by majority vote of the committee members.
2369	Members of the committee shall serve 3-year terms and shall meet
2370	at least once each year or upon the call of the committee chair.
2371	The initial term for one public sector physician shall be for 2
2372	years, and the other for 3 years. Members of the committee are
2373	subject to reappointment. Committee members shall receive
2374	reimbursement for per diem and travel expenses.
2375	Section 75.  Paragraph (f) of subsection (4) and paragraph
2376	(a) of subsection (9) of section 458.347, Florida Statutes, are
2377	amended to read:
2378	458.347  Physician assistants.--
2379	(4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--
2380	(f)1.  The council shall establish a formulary of medicinal
2381	drugs that a fully licensed physician assistant, licensed under
2382	this section or s. 459.022, may not prescribe. The formulary
2383	must include controlled substances as defined in chapter 893,
2384	antipsychotics, general anesthetics and radiographic contrast
2385	materials, and all parenteral preparations except insulin and
2386	epinephrine.
2387	2.  In establishing the formulary, the council shall
2388	consult with a pharmacist licensed under chapter 465, but not
2389	licensed under this chapter or chapter 459, who shall be
2390	selected by the State Surgeon General Secretary of Health.
2391	3.  Only the council shall add to, delete from, or modify
2392	the formulary. Any person who requests an addition, deletion, or
2393	modification of a medicinal drug listed on such formulary has
2394	the burden of proof to show cause why such addition, deletion,
2395	or modification should be made.
2396	4.  The boards shall adopt the formulary required by this
2397	paragraph, and each addition, deletion, or modification to the
2398	formulary, by rule. Notwithstanding any provision of chapter 120
2399	to the contrary, the formulary rule shall be effective 60 days
2400	after the date it is filed with the Secretary of State. Upon
2401	adoption of the formulary, the department shall mail a copy of
2402	such formulary to each fully licensed physician assistant,
2403	licensed under this section or s. 459.022, and to each pharmacy
2404	licensed by the state. The boards shall establish, by rule, a
2405	fee not to exceed $200 to fund the provisions of this paragraph
2406	and paragraph (e).
2407	(9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
2408	Physician Assistants is created within the department.
2409	(a)  The council shall consist of five members appointed as
2410	follows:
2411	1.  The chairperson of the Board of Medicine shall appoint
2412	three members who are physicians and members of the Board of
2413	Medicine. One of the physicians must supervise a physician
2414	assistant in the physician's practice.
2415	2.  The chairperson of the Board of Osteopathic Medicine
2416	shall appoint one member who is a physician and a member of the
2417	Board of Osteopathic Medicine.
2418	3.  The State Surgeon General secretary of the department
2419	or his or her designee shall appoint a fully licensed physician
2420	assistant licensed under this chapter or chapter 459.
2421	Section 76.  Subsection (6) of section 459.0055, Florida
2422	Statutes, is amended to read:
2423	459.0055  General licensure requirements.--
2424	(6)  When the investigative process is not completed within
2425	the time set out in s. 120.60(1) and the department or board has
2426	reason to believe that the applicant does not meet the criteria,
2427	the State Surgeon General secretary or the State Surgeon
2428	General's secretary's designee may issue a 90-day licensure
2429	delay which shall be in writing and sufficient to notify the
2430	applicant of the reason for the delay. The provisions of this
2431	subsection shall control over any conflicting provisions of s.
2432	120.60(1).
2433	Section 77.  Paragraph (w) of subsection (1) of section
2434	459.015, Florida Statutes, is amended to read:
2435	459.015  Grounds for disciplinary action; action by the
2436	board and department.--
2437	(1)  The following acts constitute grounds for denial of a
2438	license or disciplinary action, as specified in s. 456.072(2):
2439	(w)  Being unable to practice osteopathic medicine with
2440	reasonable skill and safety to patients by reason of illness or
2441	use of alcohol, drugs, narcotics, chemicals, or any other type
2442	of material or as a result of any mental or physical condition.
2443	In enforcing this paragraph, the department shall, upon a
2444	finding of the State Surgeon General secretary or the State
2445	Surgeon General's secretary's designee that probable cause
2446	exists to believe that the licensee is unable to practice
2447	medicine because of the reasons stated in this paragraph, have
2448	the authority to issue an order to compel a licensee to submit
2449	to a mental or physical examination by physicians designated by
2450	the department. If the licensee refuses to comply with such
2451	order, the department's order directing such examination may be
2452	enforced by filing a petition for enforcement in the circuit
2453	court where the licensee resides or does business. The licensee
2454	against whom the petition is filed shall not be named or
2455	identified by initials in any public court records or documents,
2456	and the proceedings shall be closed to the public. The
2457	department shall be entitled to the summary procedure provided
2458	in s. 51.011. A licensee or certificateholder affected under
2459	this paragraph shall at reasonable intervals be afforded an
2460	opportunity to demonstrate that he or she can resume the
2461	competent practice of medicine with reasonable skill and safety
2462	to patients.
2463	Section 78.  Paragraph (a) of subsection (9) of section
2464	459.022, Florida Statutes, is amended to read:
2465	459.022  Physician assistants.--
2466	(9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
2467	Physician Assistants is created within the department.
2468	(a)  The council shall consist of five members appointed as
2469	follows:
2470	1.  The chairperson of the Board of Medicine shall appoint
2471	three members who are physicians and members of the Board of
2472	Medicine. One of the physicians must supervise a physician
2473	assistant in the physician's practice.
2474	2.  The chairperson of the Board of Osteopathic Medicine
2475	shall appoint one member who is a physician and a member of the
2476	Board of Osteopathic Medicine.
2477	3.  The State Surgeon General secretary of the department
2478	or her or his designee shall appoint a fully licensed physician
2479	assistant licensed under chapter 458 or this chapter.
2480	Section 79.  Paragraph (q) of subsection (1) of section
2481	460.413, Florida Statutes, is amended to read:
2482	460.413  Grounds for disciplinary action; action by board
2483	or department.--
2484	(1)  The following acts constitute grounds for denial of a
2485	license or disciplinary action, as specified in s. 456.072(2):
2486	(q)  Being unable to practice chiropractic medicine with
2487	reasonable skill and safety to patients by reason of illness or
2488	use of alcohol, drugs, narcotics, chemicals, or any other type
2489	of material or as a result of any mental or physical condition.
2490	In enforcing this paragraph, upon a finding by the State Surgeon
2491	General secretary of the department, or his or her designee, or
2492	the probable cause panel of the board that probable cause exists
2493	to believe that the licensee is unable to practice the
2494	profession because of reasons stated in this paragraph, the
2495	department shall have the authority to compel a licensee to
2496	submit to a mental or physical examination by a physician
2497	designated by the department. If the licensee refuses to comply
2498	with the department's order, the department may file a petition
2499	for enforcement in the circuit court of the circuit in which the
2500	licensee resides or does business. The department shall be
2501	entitled to the summary procedure provided in s. 51.011. The
2502	record of proceedings to obtain a compelled mental or physical
2503	examination shall not be used against a licensee in any other
2504	proceedings. A chiropractic physician affected under this
2505	paragraph shall at reasonable intervals be afforded an
2506	opportunity to demonstrate that she or he can resume the
2507	competent practice of chiropractic medicine with reasonable
2508	skill and safety to patients.
2509	Section 80.  Subsection (4) of section 461.004, Florida
2510	Statutes, is amended to read:
2511	461.004  Board of Podiatric Medicine; membership;
2512	appointment; terms.--
2513	(4)  All provisions of chapter 456 relating to the board
2514	shall apply. However, notwithstanding the requirement of s.
2515	456.073(4) that the board provide by rule for the determination
2516	of probable cause by a panel composed of its members or by the
2517	department, the board may provide by rule that its probable
2518	cause panel may be composed of one current member of the board
2519	and one past member of the board, as long as the past member is
2520	a licensed podiatric physician in good standing. The past board
2521	member must be appointed to the panel by the chair of the board
2522	with the approval of the State Surgeon General secretary for a
2523	maximum of 2 years.
2524	Section 81.  Paragraphs (a) and (c) of subsection (2) of
2525	section 463.0055, Florida Statutes, are amended to read:
2526	463.0055  Administration and prescription of topical ocular
2527	pharmaceutical agents; committee.--
2528	(2)(a)  There is hereby created a committee composed of two
2529	optometrists licensed pursuant to this chapter, appointed by the
2530	Board of Optometry, two board-certified ophthalmologists
2531	licensed pursuant to chapter 458 or chapter 459, appointed by
2532	the Board of Medicine, and one additional person with a
2533	doctorate degree in pharmacology who is not licensed pursuant to
2534	chapter 458, chapter 459, or this chapter, appointed by the
2535	State Surgeon General secretary. The committee shall review
2536	requests for additions to, deletions from, or modifications of a
2537	formulary of topical ocular pharmaceutical agents for
2538	administration and prescription by certified optometrists and
2539	shall provide to the board advisory opinions and recommendations
2540	on such requests. The formulary shall consist of those topical
2541	ocular pharmaceutical agents which the certified optometrist is
2542	qualified to use in the practice of optometry. The board shall
2543	establish, add to, delete from, or modify the formulary by rule.
2544	Notwithstanding any provision of chapter 120 to the contrary,
2545	the formulary rule shall become effective 60 days from the date
2546	it is filed with the Secretary of State.
2547	(c)  The State Surgeon General secretary of the department
2548	shall have standing to challenge any rule or proposed rule of
2549	the board pursuant to s. 120.56. In addition to challenges for
2550	any invalid exercise of delegated legislative authority, the
2551	administrative law judge, upon such a challenge by the State
2552	Surgeon General secretary, may declare all or part of a rule or
2553	proposed rule invalid if it:
2554	1.  Does not protect the public from any significant and
2555	discernible harm or damages;
2556	2.  Unreasonably restricts competition or the availability
2557	of professional services in the state or in a significant part
2558	of the state; or
2559	3.  Unnecessarily increases the cost of professional
2560	services without a corresponding or equivalent public benefit.
2561
2562	However, there shall not be created a presumption of the
2563	existence of any of the conditions cited in this subsection in
2564	the event that the rule or proposed rule is challenged.
2565	Section 82.  Paragraph (d) of subsection (3) of section
2566	464.003, Florida Statutes, is amended to read:
2567	464.003  Definitions.--As used in this part, the term:
2568	(3)
2569	(d)  "Advanced or specialized nursing practice" means, in
2570	addition to the practice of professional nursing, the
2571	performance of advanced-level nursing acts approved by the board
2572	which, by virtue of postbasic specialized education, training,
2573	and experience, are appropriately performed by an advanced
2574	registered nurse practitioner. Within the context of advanced or
2575	specialized nursing practice, the advanced registered nurse
2576	practitioner may perform acts of nursing diagnosis and nursing
2577	treatment of alterations of the health status. The advanced
2578	registered nurse practitioner may also perform acts of medical
2579	diagnosis and treatment, prescription, and operation which are
2580	identified and approved by a joint committee composed of three
2581	members appointed by the Board of Nursing, two of whom must be
2582	advanced registered nurse practitioners; three members appointed
2583	by the Board of Medicine, two of whom must have had work
2584	experience with advanced registered nurse practitioners; and the
2585	State Surgeon General secretary of the department or the State
2586	Surgeon General's  secretary's designee. Each committee member
2587	appointed by a board shall be appointed to a term of 4 years
2588	unless a shorter term is required to establish or maintain
2589	staggered terms. The Board of Nursing shall adopt rules
2590	authorizing the performance of any such acts approved by the
2591	joint committee. Unless otherwise specified by the joint
2592	committee, such acts must be performed under the general
2593	supervision of a practitioner licensed under chapter 458,
2594	chapter 459, or chapter 466 within the framework of standing
2595	protocols which identify the medical acts to be performed and
2596	the conditions for their performance. The department may, by
2597	rule, require that a copy of the protocol be filed with the
2598	department along with the notice required by s. 458.348.
2599	Section 83.  Paragraph (j) of subsection (1) of section
2600	464.018, Florida Statutes, is amended to read:
2601	464.018  Disciplinary actions.--
2602	(1)  The following acts constitute grounds for denial of a
2603	license or disciplinary action, as specified in s. 456.072(2):
2604	(j)  Being unable to practice nursing with reasonable skill
2605	and safety to patients by reason of illness or use of alcohol,
2606	drugs, narcotics, or chemicals or any other type of material or
2607	as a result of any mental or physical condition. In enforcing
2608	this paragraph, the department shall have, upon a finding of the
2609	State Surgeon General secretary or the State Surgeon General's
2610	secretary's designee that probable cause exists to believe that
2611	the licensee is unable to practice nursing because of the
2612	reasons stated in this paragraph, the authority to issue an
2613	order to compel a licensee to submit to a mental or physical
2614	examination by physicians designated by the department. If the
2615	licensee refuses to comply with such order, the department's
2616	order directing such examination may be enforced by filing a
2617	petition for enforcement in the circuit court where the licensee
2618	resides or does business. The licensee against whom the petition
2619	is filed shall not be named or identified by initials in any
2620	public court records or documents, and the proceedings shall be
2621	closed to the public. The department shall be entitled to the
2622	summary procedure provided in s. 51.011. A nurse affected by the
2623	provisions of this paragraph shall at reasonable intervals be
2624	afforded an opportunity to demonstrate that she or he can resume
2625	the competent practice of nursing with reasonable skill and
2626	safety to patients.
2627	Section 84.  Paragraph (c) of subsection (1) of section
2628	464.2085, Florida Statutes, is amended to read:
2629	464.2085  Council on Certified Nursing Assistants.--The
2630	Council on Certified Nursing Assistants is created within the
2631	department, under the Board of Nursing.
2632	(1)  The council shall consist of five members appointed as
2633	follows:
2634	(c)  The State Surgeon General secretary of the department
2635	or his or her designee shall appoint two certified nursing
2636	assistants currently certified under this chapter, at least one
2637	of whom is currently working in a licensed nursing home.
2638	Section 85.  Paragraph (c) of subsection (2) of section
2639	466.004, Florida Statutes, is amended to read:
2640	466.004  Board of Dentistry.--
2641	(2)  To advise the board, it is the intent of the
2642	Legislature that councils be appointed as specified in
2643	paragraphs (a), (b), and (c). The department shall provide
2644	administrative support to the councils and shall provide public
2645	notice of meetings and agenda of the councils. Councils shall
2646	include at least one board member who shall chair the council
2647	and shall include nonboard members. All council members shall be
2648	appointed by the board chair. Council members shall be appointed
2649	for 4-year terms, and all members shall be eligible for
2650	reimbursement of expenses in the manner of board members.
2651	(c)  With the concurrence of the State Surgeon General
2652	secretary, the board chair may create and abolish other advisory
2653	councils relating to dental subjects, including, but not limited
2654	to: examinations, access to dental care, indigent care, nursing
2655	home and institutional care, public health, disciplinary
2656	guidelines, and other subjects as appropriate. Such councils
2657	shall be appointed by the board chair and shall include at least
2658	one board member who shall serve as chair.
2659	Section 86.  Paragraph (s) of subsection (1) of section
2660	466.028, Florida Statutes, is amended to read:
2661	466.028  Grounds for disciplinary action; action by the
2662	board.--
2663	(1)  The following acts constitute grounds for denial of a
2664	license or disciplinary action, as specified in s. 456.072(2):
2665	(s)  Being unable to practice her or his profession with
2666	reasonable skill and safety to patients by reason of illness or
2667	use of alcohol, drugs, narcotics, chemicals, or any other type
2668	of material or as a result of any mental or physical condition.
2669	In enforcing this paragraph, the department shall have, upon a
2670	finding of the State Surgeon General secretary or her or his
2671	designee that probable cause exists to believe that the licensee
2672	is unable to practice dentistry or dental hygiene because of the
2673	reasons stated in this paragraph, the authority to issue an
2674	order to compel a licensee to submit to a mental or physical
2675	examination by physicians designated by the department. If the
2676	licensee refuses to comply with such order, the department's
2677	order directing such examination may be enforced by filing a
2678	petition for enforcement in the circuit court where the licensee
2679	resides or does business. The licensee against whom the petition
2680	is filed shall not be named or identified by initials in any
2681	public court records or documents, and the proceedings shall be
2682	closed to the public. The department shall be entitled to the
2683	summary procedure provided in s. 51.011. A licensee affected
2684	under this paragraph shall at reasonable intervals be afforded
2685	an opportunity to demonstrate that she or he can resume the
2686	competent practice of her or his profession with reasonable
2687	skill and safety to patients.
2688	Section 87.  Subsection (14) of section 467.003, Florida
2689	Statutes, is repealed.
2690	Section 88.  Subsection (1) of section 467.004, Florida
2691	Statutes, is amended to read:
2692	467.004  Council of Licensed Midwifery.--
2693	(1)  The Council of Licensed Midwifery is created within
2694	the department and shall consist of nine members to be appointed
2695	by the State Surgeon General secretary.
2696	Section 89.  Paragraph (aa) of subsection (1) of section
2697	468.1295, Florida Statutes, is amended to read:
2698	468.1295  Disciplinary proceedings.--
2699	(1)  The following acts constitute grounds for denial of a
2700	license or disciplinary action, as specified in s. 456.072(2):
2701	(aa)  Being unable to practice the profession for which he
2702	or she is licensed or certified under this chapter with
2703	reasonable skill or competence as a result of any mental or
2704	physical condition or by reason of illness, drunkenness, or use
2705	of drugs, narcotics, chemicals, or any other substance. In
2706	enforcing this paragraph, upon a finding by the State Surgeon
2707	General secretary, his or her designee, or the board that
2708	probable cause exists to believe that the licensee or
2709	certificateholder is unable to practice the profession because
2710	of the reasons stated in this paragraph, the department shall
2711	have the authority to compel a licensee or certificateholder to
2712	submit to a mental or physical examination by a physician,
2713	psychologist, clinical social worker, marriage and family
2714	therapist, or mental health counselor designated by the
2715	department or board. If the licensee or certificateholder
2716	refuses to comply with the department's order directing the
2717	examination, such order may be enforced by filing a petition for
2718	enforcement in the circuit court in the circuit in which the
2719	licensee or certificateholder resides or does business. The
2720	department shall be entitled to the summary procedure provided
2721	in s. 51.011. A licensee or certificateholder affected under
2722	this paragraph shall at reasonable intervals be afforded an
2723	opportunity to demonstrate that he or she can resume the
2724	competent practice for which he or she is licensed or certified
2725	with reasonable skill and safety to patients.
2726	Section 90.  Paragraph (l) of subsection (1) of section
2727	468.1755, Florida Statutes, is amended to read:
2728	468.1755  Disciplinary proceedings.--
2729	(1)  The following acts constitute grounds for denial of a
2730	license or disciplinary action, as specified in s. 456.072(2):
2731	(l)  Being unable to practice nursing home administration
2732	with reasonable skill and safety to patients by reason of
2733	illness, drunkenness, use of drugs, narcotics, chemicals, or any
2734	other material or substance or as a result of any mental or
2735	physical condition. In enforcing this paragraph, upon a finding
2736	of the State Surgeon General secretary or his or her designee
2737	that probable cause exists to believe that the licensee is
2738	unable to serve as a nursing home administrator due to the
2739	reasons stated in this paragraph, the department shall have the
2740	authority to issue an order to compel the licensee to submit to
2741	a mental or physical examination by a physician designated by
2742	the department. If the licensee refuses to comply with such
2743	order, the department's order directing such examination may be
2744	enforced by filing a petition for enforcement in the circuit
2745	court where the licensee resides or serves as a nursing home
2746	administrator. The licensee against whom the petition is filed
2747	shall not be named or identified by initials in any public court
2748	records or documents, and the proceedings shall be closed to the
2749	public. The department shall be entitled to the summary
2750	procedure provided in s. 51.011. A licensee affected under this
2751	paragraph shall have the opportunity, at reasonable intervals,
2752	to demonstrate that he or she can resume the competent practice
2753	of nursing home administration with reasonable skill and safety
2754	to patients.
2755	Section 91.  Subsection (18) of section 468.301, Florida
2756	Statutes, is repealed.
2757	Section 92.  Subsections (1) and (3) of section 468.314,
2758	Florida Statutes, are amended to read:
2759	468.314  Advisory Council on Radiation Protection;
2760	appointment; terms; powers; duties.--
2761	(1)  The Advisory Council on Radiation Protection is
2762	created within the Department of Health and shall consist of 16
2763	persons to be appointed by the State Surgeon General secretary
2764	for 3-year terms.
2765	(3)  The council shall meet at least twice a year, but no
2766	more than four times per year unless authorized by the State
2767	Surgeon General secretary.
2768	Section 93.  Paragraph (c) of subsection (4) of section
2769	468.354, Florida Statutes, is amended to read:
2770	468.354  Board of Respiratory Care; organization;
2771	function.--
2772	(4)
2773	(c)  Unless otherwise provided by law, a board member shall
2774	be compensated $50 for each day he or she attends an official
2775	board meeting and for each day he or she participates in any
2776	other board business. A board member shall also be entitled to
2777	reimbursement for expenses pursuant to s. 112.061. Travel out of
2778	the state shall require the prior approval of the State Surgeon
2779	General secretary of the department.
2780	Section 94.  Section 468.506, Florida Statutes, is amended
2781	to read:
2782	468.506  Dietetics and Nutrition Practice Council.--There
2783	is created the Dietetics and Nutrition Practice Council under
2784	the supervision of the board. The council shall consist of four
2785	persons licensed under this part and one consumer who is 60
2786	years of age or older. Council members shall be appointed by the
2787	board. Licensed members shall be appointed based on the
2788	proportion of licensees within each of the respective
2789	disciplines. Members shall be appointed for 4-year staggered
2790	terms. In order to be eligible for appointment, each licensed
2791	member must have been a licensee under this part for at least 3
2792	years prior to his or her appointment. No council member shall
2793	serve more than two successive terms. The board may delegate
2794	such powers and duties to the council as it may deem proper to
2795	carry out the operations and procedures necessary to effectuate
2796	the provisions of this part. However, the powers and duties
2797	delegated to the council by the board must encompass both
2798	dietetics and nutrition practice and nutrition counseling. Any
2799	time there is a vacancy on the council, any professional
2800	association composed of persons licensed under this part may
2801	recommend licensees to fill the vacancy to the board in a number
2802	at least twice the number of vacancies to be filled, and the
2803	board may appoint from the submitted list, in its discretion,
2804	any of those persons so recommended. Any professional
2805	association composed of persons licensed under this part may
2806	file an appeal regarding a council appointment with the State
2807	Surgeon General secretary of the department, whose decision
2808	shall be final. The board shall fix council members'
2809	compensation and pay their expenses in the same manner as
2810	provided in s. 456.011.
2811	Section 95.  Paragraph (c) of subsection (4) of section
2812	478.44, Florida Statutes, is amended to read:
2813	478.44  Electrolysis Council; creation; function; powers
2814	and duties.--
2815	(4)
2816	(c)  Unless otherwise provided by law, a council member
2817	shall be compensated $50 for each day the member attends an
2818	official meeting of the council or participates in official
2819	council business. A council member is also entitled to
2820	reimbursement for expenses pursuant to s. 112.061. Travel out of
2821	state requires the prior approval of the State Surgeon General
2822	Secretary of Health.
2823	Section 96.  Subsection (5) of section 480.042, Florida
2824	Statutes, is amended to read:
2825	480.042  Examinations.--
2826	(5)  All licensing examinations shall be conducted in such
2827	manner that the applicant shall be known to the department by
2828	number until her or his examination is completed and the proper
2829	grade determined. An accurate record of each examination shall
2830	be made; and that record, together with all examination papers,
2831	shall be filed with the State Surgeon General secretary of the
2832	department and shall be kept for reference and inspection for a
2833	period of not less than 2 years immediately following the
2834	examination.
2835	Section 97.  Paragraph (l) of subsection (1) of section
2836	483.825, Florida Statutes, is amended to read:
2837	483.825  Grounds for disciplinary action.--
2838	(1)  The following acts constitute grounds for denial of a
2839	license or disciplinary action, as specified in s. 456.072(2):
2840	(l)  Being unable to perform or report clinical laboratory
2841	examinations with reasonable skill and safety to patients by
2842	reason of illness or use of alcohol, drugs, narcotics,
2843	chemicals, or any other type of material or as a result of any
2844	mental or physical condition. In enforcing this paragraph, the
2845	department shall have, upon a finding of the State Surgeon
2846	General secretary or his or her designee that probable cause
2847	exists to believe that the licensee is unable to practice
2848	because of the reasons stated in this paragraph, the authority
2849	to issue an order to compel a licensee to submit to a mental or
2850	physical examination by physicians designated by the department.
2851	If the licensee refuses to comply with such order, the
2852	department's order directing such examination may be enforced by
2853	filing a petition for enforcement in the circuit court where the
2854	licensee resides or does business. The department shall be
2855	entitled to the summary procedure provided in s. 51.011. A
2856	licensee affected under this paragraph shall at reasonable
2857	intervals be afforded an opportunity to demonstrate that he or
2858	she can resume competent practice with reasonable skill and
2859	safety to patients.
2860	Section 98.  Paragraphs (a), (b), (c), (d), (e), and (g) of
2861	subsection (4) of section 483.901, Florida Statutes, are amended
2862	to read:
2863	483.901  Medical physicists; definitions; licensure.--
2864	(4)  COUNCIL.--The Advisory Council of Medical Physicists
2865	is created in the Department of Health to advise the department
2866	in regulating the practice of medical physics in this state.
2867	(a)  The council shall be composed of nine members
2868	appointed by the State Surgeon General secretary of the
2869	department as follows:
2870	1.  A licensed medical physicist who specializes in
2871	diagnostic radiological physics.
2872	2.  A licensed medical physicist who specializes in
2873	therapeutic radiological physics.
2874	3.  A licensed medical physicist who specializes in medical
2875	nuclear radiological physics.
2876	4.  A physician who is board certified by the American
2877	Board of Radiology or its equivalent.
2878	5.  A physician who is board certified by the American
2879	Osteopathic Board of Radiology or its equivalent.
2880	6.  A chiropractic physician who practices radiology.
2881	7.  Three consumer members who are not, and have never
2882	been, licensed as a medical physicist or licensed in any closely
2883	related profession.
2884	(b)  The State Surgeon General secretary of the department
2885	shall appoint the medical physicist members of the council from
2886	a list of candidates who are licensed to practice medical
2887	physics.
2888	(c)  The State Surgeon General secretary of the department
2889	shall appoint the physician members of the council from a list
2890	of candidates who are licensed to practice medicine in this
2891	state and are board certified in diagnostic radiology,
2892	therapeutic radiology, or radiation oncology.
2893	(d)  The State Surgeon General secretary of the department
2894	shall appoint the public members of the council.
2895	(e)  As the term of each member expires, the State Surgeon
2896	General secretary of the department shall appoint the successor
2897	for a term of 4 years. A member shall serve until the member's
2898	successor is appointed, unless physically unable to do so.
2899	(g)  If a vacancy on the council occurs, the State Surgeon
2900	General secretary shall appoint a member to serve for a 4-year
2901	term.
2902	Section 99.  Subsection (4) of section 484.042, Florida
2903	Statutes, is amended to read:
2904	484.042  Board of Hearing Aid Specialists; membership,
2905	appointment, terms.--
2906	(4)  All provisions of chapter 456 relating to activities
2907	of regulatory boards apply to the board. However,
2908	notwithstanding the requirement of s. 456.073(4) that the board
2909	provide by rule for the determination of probable cause by a
2910	panel composed of its members or by the department, the board
2911	may provide by rule that its probable cause panel may be
2912	composed of one current member of the board and one past member
2913	of the board, as long as the past member is a licensed hearing
2914	aid specialist in good standing. The past board member shall be
2915	appointed to the panel for a maximum of 2 years by the chair of
2916	the board with the approval of the State Surgeon General
2917	secretary.
2918	Section 100.  Paragraph (a) of subsection (1) of section
2919	486.125, Florida Statutes, is amended to read:
2920	486.125  Refusal, revocation, or suspension of license;
2921	administrative fines and other disciplinary measures.--
2922	(1)  The following acts constitute grounds for denial of a
2923	license or disciplinary action, as specified in s. 456.072(2):
2924	(a)  Being unable to practice physical therapy with
2925	reasonable skill and safety to patients by reason of illness or
2926	use of alcohol, drugs, narcotics, chemicals, or any other type
2927	of material or as a result of any mental or physical condition.
2928	1.  In enforcing this paragraph, upon a finding of the
2929	State Surgeon General secretary or the State Surgeon General's
2930	secretary's designee that probable cause exists to believe that
2931	the licensee is unable to practice physical therapy due to the
2932	reasons stated in this paragraph, the department shall have the
2933	authority to compel a physical therapist or physical therapist
2934	assistant to submit to a mental or physical examination by a
2935	physician designated by the department. If the licensee refuses
2936	to comply with such order, the department's order directing such
2937	examination may be enforced by filing a petition for enforcement
2938	in the circuit court where the licensee resides or serves as a
2939	physical therapy practitioner. The licensee against whom the
2940	petition is filed shall not be named or identified by initials
2941	in any public court records or documents, and the proceedings
2942	shall be closed to the public. The department shall be entitled
2943	to the summary procedure provided in s. 51.011.
2944	2.  A physical therapist or physical therapist assistant
2945	whose license is suspended or revoked pursuant to this
2946	subsection shall, at reasonable intervals, be given an
2947	opportunity to demonstrate that she or he can resume the
2948	competent practice of physical therapy with reasonable skill and
2949	safety to patients.
2950	3.  Neither the record of proceeding nor the orders entered
2951	by the board in any proceeding under this subsection may be used
2952	against a physical therapist or physical therapist assistant in
2953	any other proceeding.
2954	Section 101.  Subsection (3) of section 487.041, Florida
2955	Statutes, is amended to read:
2956	487.041  Registration.--
2957	(3)  The department shall adopt rules governing the
2958	procedures for the registration of a brand of pesticide and for
2959	the review of data submitted by an applicant for registration of
2960	the brand of pesticide. The department shall determine whether
2961	the brand of pesticide should be registered, registered with
2962	conditions, or tested under field conditions in this state. The
2963	department shall determine whether each request for registration
2964	of a brand of pesticide meets the requirements of current state
2965	and federal law. The department, whenever it deems it necessary
2966	in the administration of this part, may require the manufacturer
2967	or registrant to submit the complete formula, quantities shipped
2968	into or manufactured in the state for distribution and sale,
2969	evidence of the efficacy and the safety of any pesticide, and
2970	other relevant data. The department may review and evaluate a
2971	registered pesticide if new information is made available that
2972	indicates that use of the pesticide has caused an unreasonable
2973	adverse effect on public health or the environment. Such review
2974	shall be conducted upon the request of the State Surgeon General
2975	Secretary of Health in the event of an unreasonable adverse
2976	effect on public health or the Secretary of Environmental
2977	Protection in the event of an unreasonable adverse effect on the
2978	environment. Such review may result in modifications,
2979	revocation, cancellation, or suspension of the registration of a
2980	brand of pesticide. The department, for reasons of adulteration,
2981	misbranding, or other good cause, may refuse or revoke the
2982	registration of the brand of any pesticide after notice to the
2983	applicant or registrant giving the reason for the decision. The
2984	applicant may then request a hearing, pursuant to chapter 120,
2985	on the intention of the department to refuse or revoke
2986	registration, and, upon his or her failure to do so, the refusal
2987	or revocation shall become final without further procedure. The
2988	registration of a brand of pesticide may not be construed as a
2989	defense for the commission of any offense prohibited under this
2990	part.
2991	Section 102.  Paragraph (p) of subsection (1) of section
2992	490.009, Florida Statutes, is amended to read:
2993	490.009  Discipline.--
2994	(1)  The following acts constitute grounds for denial of a
2995	license or disciplinary action, as specified in s. 456.072(2):
2996	(p)  Being unable to practice the profession for which he
2997	or she is licensed under this chapter with reasonable skill or
2998	competence as a result of any mental or physical condition or by
2999	reason of illness; drunkenness; or excessive use of drugs,
3000	narcotics, chemicals, or any other substance. In enforcing this
3001	paragraph, upon a finding by the State Surgeon General
3002	secretary, the State Surgeon General's secretary's designee, or
3003	the board that probable cause exists to believe that the
3004	licensee is unable to practice the profession because of the
3005	reasons stated in this paragraph, the department shall have the
3006	authority to compel a licensee to submit to a mental or physical
3007	examination by psychologists or physicians designated by the
3008	department or board. If the licensee refuses to comply with the
3009	department's order, the department may file a petition for
3010	enforcement in the circuit court of the circuit in which the
3011	licensee resides or does business. The licensee shall not be
3012	named or identified by initials in the petition or in any other
3013	public court records or documents, and the enforcement
3014	proceedings shall be closed to the public. The department shall
3015	be entitled to the summary procedure provided in s. 51.011. A
3016	licensee affected under this paragraph shall be afforded an
3017	opportunity at reasonable intervals to demonstrate that he or
3018	she can resume the competent practice for which he or she is
3019	licensed with reasonable skill and safety to patients.
3020	Section 103.  Paragraph (p) of subsection (1) of section
3021	491.009, Florida Statutes, is amended to read:
3022	491.009  Discipline.--
3023	(1)  The following acts constitute grounds for denial of a
3024	license or disciplinary action, as specified in s. 456.072(2):
3025	(p)  Being unable to practice the profession for which he
3026	or she is licensed, registered, or certified under this chapter
3027	with reasonable skill or competence as a result of any mental or
3028	physical condition or by reason of illness; drunkenness; or
3029	excessive use of drugs, narcotics, chemicals, or any other
3030	substance. In enforcing this paragraph, upon a finding by the
3031	State Surgeon General secretary, the State Surgeon General's
3032	secretary's designee, or the board that probable cause exists to
3033	believe that the licensee, registered intern, or
3034	certificateholder is unable to practice the profession because
3035	of the reasons stated in this paragraph, the department shall
3036	have the authority to compel a licensee, registered intern, or
3037	certificateholder to submit to a mental or physical examination
3038	by psychologists, physicians, or other licensees under this
3039	chapter, designated by the department or board. If the licensee,
3040	registered intern, or certificateholder refuses to comply with
3041	such order, the department's order directing the examination may
3042	be enforced by filing a petition for enforcement in the circuit
3043	court in the circuit in which the licensee, registered intern,
3044	or certificateholder resides or does business. The licensee,
3045	registered intern, or certificateholder against whom the
3046	petition is filed shall not be named or identified by initials
3047	in any public court records or documents, and the proceedings
3048	shall be closed to the public. The department shall be entitled
3049	to the summary procedure provided in s. 51.011. A licensee,
3050	registered intern, or certificateholder affected under this
3051	paragraph shall at reasonable intervals be afforded an
3052	opportunity to demonstrate that he or she can resume the
3053	competent practice for which he or she is licensed, registered,
3054	or certified with reasonable skill and safety to patients.
3055	Section 104.  Paragraph (a) of subsection (1) of section
3056	499.012, Florida Statutes, is amended to read:
3057	499.012  Wholesale distribution; definitions; permits;
3058	applications; general requirements.--
3059	(1)  As used in this section, the term:
3060	(a)  "Wholesale distribution" means distribution of
3061	prescription drugs to persons other than a consumer or patient,
3062	but does not include:
3063	1.  Any of the following activities, which is not a
3064	violation of s. 499.005(21) if such activity is conducted in
3065	accordance with s. 499.014:
3066	a.  The purchase or other acquisition by a hospital or
3067	other health care entity that is a member of a group purchasing
3068	organization of a prescription drug for its own use from the
3069	group purchasing organization or from other hospitals or health
3070	care entities that are members of that organization.
3071	b.  The sale, purchase, or trade of a prescription drug or
3072	an offer to sell, purchase, or trade a prescription drug by a
3073	charitable organization described in s. 501(c)(3) of the
3074	Internal Revenue Code of 1986, as amended and revised, to a
3075	nonprofit affiliate of the organization to the extent otherwise
3076	permitted by law.
3077	c.  The sale, purchase, or trade of a prescription drug or
3078	an offer to sell, purchase, or trade a prescription drug among
3079	hospitals or other health care entities that are under common
3080	control. For purposes of this section, "common control" means
3081	the power to direct or cause the direction of the management and
3082	policies of a person or an organization, whether by ownership of
3083	stock, by voting rights, by contract, or otherwise.
3084	d.  The sale, purchase, trade, or other transfer of a
3085	prescription drug from or for any federal, state, or local
3086	government agency or any entity eligible to purchase
3087	prescription drugs at public health services prices pursuant to
3088	Pub. L. No. 102-585, s. 602 to a contract provider or its
3089	subcontractor for eligible patients of the agency or entity
3090	under the following conditions:
3091	(I)  The agency or entity must obtain written authorization
3092	for the sale, purchase, trade, or other transfer of a
3093	prescription drug under this sub-subparagraph from the State
3094	Surgeon General Secretary of Health or his or her designee.
3095	(II)  The contract provider or subcontractor must be
3096	authorized by law to administer or dispense prescription drugs.
3097	(III)  In the case of a subcontractor, the agency or entity
3098	must be a party to and execute the subcontract.
3099	(IV)  A contract provider or subcontractor must maintain
3100	separate and apart from other prescription drug inventory any
3101	prescription drugs of the agency or entity in its possession.
3102	(V)  The contract provider and subcontractor must maintain
3103	and produce immediately for inspection all records of movement
3104	or transfer of all the prescription drugs belonging to the
3105	agency or entity, including, but not limited to, the records of
3106	receipt and disposition of prescription drugs. Each contractor
3107	and subcontractor dispensing or administering these drugs must
3108	maintain and produce records documenting the dispensing or
3109	administration. Records that are required to be maintained
3110	include, but are not limited to, a perpetual inventory itemizing
3111	drugs received and drugs dispensed by prescription number or
3112	administered by patient identifier, which must be submitted to
3113	the agency or entity quarterly.
3114	(VI)  The contract provider or subcontractor may administer
3115	or dispense the prescription drugs only to the eligible patients
3116	of the agency or entity or must return the prescription drugs
3117	for or to the agency or entity. The contract provider or
3118	subcontractor must require proof from each person seeking to
3119	fill a prescription or obtain treatment that the person is an
3120	eligible patient of the agency or entity and must, at a minimum,
3121	maintain a copy of this proof as part of the records of the
3122	contractor or subcontractor required under sub-sub-subparagraph
3123	(V).
3124	(VII)  In addition to the departmental inspection authority
3125	set forth in s. 499.051, the establishment of the contract
3126	provider and subcontractor and all records pertaining to
3127	prescription drugs subject to this sub-subparagraph shall be
3128	subject to inspection by the agency or entity. All records
3129	relating to prescription drugs of a manufacturer under this sub-
3130	subparagraph shall be subject to audit by the manufacturer of
3131	those drugs, without identifying individual patient information.
3132	2.  Any of the following activities, which is not a
3133	violation of s. 499.005(21) if such activity is conducted in
3134	accordance with rules established by the department:
3135	a.  The sale, purchase, or trade of a prescription drug
3136	among federal, state, or local government health care entities
3137	that are under common control and are authorized to purchase
3138	such prescription drug.
3139	b.  The sale, purchase, or trade of a prescription drug or
3140	an offer to sell, purchase, or trade a prescription drug for
3141	emergency medical reasons. For purposes of this sub-
3142	subparagraph, the term "emergency medical reasons" includes
3143	transfers of prescription drugs by a retail pharmacy to another
3144	retail pharmacy to alleviate a temporary shortage.
3145	c.  The transfer of a prescription drug acquired by a
3146	medical director on behalf of a licensed emergency medical
3147	services provider to that emergency medical services provider
3148	and its transport vehicles for use in accordance with the
3149	provider's license under chapter 401.
3150	d.  The revocation of a sale or the return of a
3151	prescription drug to the person's prescription drug wholesale
3152	supplier.
3153	e.  The donation of a prescription drug by a health care
3154	entity to a charitable organization that has been granted an
3155	exemption under s. 501(c)(3) of the Internal Revenue Code of
3156	1986, as amended, and that is authorized to possess prescription
3157	drugs.
3158	f.  The transfer of a prescription drug by a person
3159	authorized to purchase or receive prescription drugs to a person
3160	licensed or permitted to handle reverse distributions or
3161	destruction under the laws of the jurisdiction in which the
3162	person handling the reverse distribution or destruction receives
3163	the drug.
3164	g.  The transfer of a prescription drug by a hospital or
3165	other health care entity to a person licensed under this chapter
3166	to repackage prescription drugs for the purpose of repackaging
3167	the prescription drug for use by that hospital, or other health
3168	care entity and other health care entities that are under common
3169	control, if ownership of the prescription drugs remains with the
3170	hospital or other health care entity at all times. In addition
3171	to the recordkeeping requirements of s. 499.0121(6), the
3172	hospital or health care entity that transfers prescription drugs
3173	pursuant to this sub-subparagraph must reconcile all drugs
3174	transferred and returned and resolve any discrepancies in a
3175	timely manner.
3176	3.  The distribution of prescription drug samples by
3177	manufacturers' representatives or distributors' representatives
3178	conducted in accordance with s. 499.028.
3179	4.  The sale, purchase, or trade of blood and blood
3180	components intended for transfusion. As used in this
3181	subparagraph, the term "blood" means whole blood collected from
3182	a single donor and processed either for transfusion or further
3183	manufacturing, and the term "blood components" means that part
3184	of the blood separated by physical or mechanical means.
3185	5.  The lawful dispensing of a prescription drug in
3186	accordance with chapter 465.
3187	6.  The sale, purchase, or trade of a prescription drug
3188	between pharmacies as a result of a sale, transfer, merger, or
3189	consolidation of all or part of the business of the pharmacies
3190	from or with another pharmacy, whether accomplished as a
3191	purchase and sale of stock or of business assets.
3192	Section 105.  Subsection (2) of section 499.01211, Florida
3193	Statutes, is amended to read:
3194	499.01211  Drug Wholesaler Advisory Council.--
3195	(2)  The State Surgeon General secretary of the department,
3196	or his or her designee, and the Secretary of Health Care
3197	Administration, or her or his designee, shall be members of the
3198	council. The State Surgeon General Secretary of Health shall
3199	appoint nine additional members to the council who shall be
3200	appointed to a term of 4 years each, as follows:
3201	(a)  Three different persons each of whom is employed by a
3202	different prescription drug wholesaler licensed under this
3203	chapter which operates nationally and is a primary wholesaler,
3204	as defined in s. 499.012(1)(d).
3205	(b)  One person employed by a prescription drug wholesaler
3206	licensed under this chapter which is a secondary wholesaler, as
3207	defined in s. 499.012(1)(f).
3208	(c)  One person employed by a retail pharmacy chain located
3209	in this state.
3210	(d)  One person who is a member of the Board of Pharmacy
3211	and is a pharmacist licensed under chapter 465.
3212	(e)  One person who is a physician licensed pursuant to
3213	chapter 458 or chapter 459.
3214	(f)  One person who is an employee of a hospital licensed
3215	pursuant to chapter 395 and is a pharmacist licensed pursuant to
3216	chapter 465.
3217	(g)  One person who is an employee of a pharmaceutical
3218	manufacturer.
3219	Section 106.  Section 499.024, Florida Statutes, is amended
3220	to read:
3221	499.024  Drug product classification.--The State Surgeon
3222	General secretary shall adopt rules to classify drug products
3223	intended for use by humans which the United States Food and Drug
3224	Administration has not classified in the federal act or the Code
3225	of Federal Regulations.
3226	(1)  Drug products must be classified as proprietary,
3227	prescription, or investigational drugs.
3228	(2)  If a product is distributed without required labeling,
3229	it is misbranded while held for sale.
3230	(3)  Any product that falls under the drug definition, s.
3231	499.003(17), may be classified under the authority of this
3232	section. This section does not subject portable emergency oxygen
3233	inhalators to classification; however, this section does not
3234	exempt any person from ss. 499.01 and 499.015.
3235	(4)  Any product classified under the authority of this
3236	section reverts to the federal classification, if different,
3237	upon the federal regulation or act becoming effective.
3238	(5)  The department may by rule reclassify drugs subject to
3239	ss. 499.001-499.081 when such classification action is necessary
3240	to protect the public health.
3241	(6)  The department may adopt rules that exempt from any
3242	labeling or packaging requirements of ss. 499.001-499.081 drugs
3243	classified under this section if those requirements are not
3244	necessary to protect the public health.
3245	Section 107.  Subsection (2) of section 499.065, Florida
3246	Statutes, is amended to read:
3247	499.065  Imminent danger.--
3248	(2)  To protect the public from prescription drugs that are
3249	adulterated or otherwise unfit for human or animal consumption,
3250	the department may examine, sample, seize, and stop the sale or
3251	use of prescription drugs to determine the condition of those
3252	drugs. The department may immediately seize and remove any
3253	prescription drugs if the State Surgeon General Secretary of
3254	Health or his or her designee determines that the prescription
3255	drugs represent a threat to the public health. The owner of any
3256	property seized under this section may, within 10 days after the
3257	seizure, apply to a court of competent jurisdiction for whatever
3258	relief is appropriate. At any time after 10 days, the department
3259	may destroy the drugs as contraband.
3260
3261	For purposes of this section, a refusal to allow entry to the
3262	department for inspection at reasonable times, or a failure or
3263	refusal to provide the department with required documentation
3264	for purposes of inspection, constitutes an imminent danger to
3265	the public health.
3266	Section 108.  Subsection (1) of section 500.033, Florida
3267	Statutes, is amended to read:
3268	500.033  Florida Food Safety and Food Defense Advisory
3269	Council.--
3270	(1)  There is created the Florida Food Safety and Food
3271	Defense Advisory Council for the purpose of serving as a forum
3272	for presenting, investigating, and evaluating issues of current
3273	importance to the assurance of a safe and secure food supply to
3274	the citizens of Florida. The Florida Food Safety and Food
3275	Defense Advisory Council shall consist of, but not be limited
3276	to: the Commissioner of Agriculture or his or her designee; the
3277	State Surgeon General Secretary of Health or his or her
3278	designee; the Secretary of Business and Professional Regulation
3279	or his or her designee; the person responsible for domestic
3280	security with the Department of Law Enforcement; members
3281	representing the production, processing, distribution, and sale
3282	of foods; consumers or members of citizens groups;
3283	representatives of food industry groups; scientists or other
3284	experts in aspects of food safety from state universities;
3285	representatives from local, state, and federal agencies that are
3286	charged with responsibilities for food safety or food defense;
3287	the chairs of the Agriculture Committees of the Senate and the
3288	House of Representatives or their designees; and the chairs of
3289	the committees of the Senate and the House of Representatives
3290	with jurisdictional oversight of home defense issues or their
3291	designees. The Commissioner of Agriculture shall appoint the
3292	remaining members. The council shall make periodic reports to
3293	the Department of Agriculture and Consumer Services concerning
3294	findings and recommendations in the area of food safety and food
3295	defense.
3296	Section 109.  Section 514.0231, Florida Statutes, is
3297	amended to read:
3298	514.0231  Advisory committee to oversee sampling of beach
3299	waters.--The Department of Health shall form an interagency
3300	technical advisory committee to oversee the performance of the
3301	study required in s. 514.023 and to advise it in rulemaking
3302	pertaining to standards for public bathing places along the
3303	coastal and intracoastal beaches and shores of the state.
3304	Membership on the committee shall consist of equal numbers of
3305	staff of the Department of Health and the Department of
3306	Environmental Protection with expertise in the subject matter of
3307	the study. Members shall be appointed by the State Surgeon
3308	General and the Secretary of Environmental Protection respective
3309	secretaries of these departments. The committee shall be chaired
3310	by a representative from the Department of Health.
3311	Section 110.  Section 768.1326, Florida Statutes, is
3312	amended to read:
3313	768.1326  Placement of automated external defibrillators in
3314	state buildings; rulemaking authority.--No later than January 1,
3315	2003, the State Surgeon General Secretary of the Department of
3316	Health shall adopt rules to establish guidelines on the
3317	appropriate placement of automated external defibrillator
3318	devices in buildings or portions of buildings owned or leased by
3319	the state, and shall establish, by rule, recommendations on
3320	procedures for the deployment of automated external
3321	defibrillator devices in such buildings in accordance with the
3322	guidelines. The Secretary of Management Services shall assist
3323	the State Surgeon General Secretary of the Department of Health
3324	in the development of the guidelines. The guidelines for the
3325	placement of the automated external defibrillators shall take
3326	into account the typical number of employees and visitors in the
3327	buildings, the extent of the need for security measures
3328	regarding the buildings, special circumstances in buildings or
3329	portions of buildings such as high electrical voltages or
3330	extreme heat or cold, and such other factors as the State
3331	Surgeon General and Secretary of Management Services Secretaries
3332	determine to be appropriate. The State Surgeon General's
3333	Secretary of the Department of Health's recommendations for
3334	deployment of automated external defibrillators in buildings or
3335	portions of buildings owned or leased by the state shall
3336	include:
3337	(1)  A reference list of appropriate training courses in
3338	the use of such devices, including the role of cardiopulmonary
3339	resuscitation;
3340	(2)  The extent to which such devices may be used by
3341	laypersons;
3342	(3)  Manufacturer recommended maintenance and testing of
3343	the devices; and
3344	(4)  Coordination with local emergency medical services
3345	systems regarding the incidents of use of the devices.
3346
3347	In formulating these guidelines and recommendations, the State
3348	Surgeon General Secretary may consult with all appropriate
3349	public and private entities, including national and local public
3350	health organizations that seek to improve the survival rates of
3351	individuals who experience cardiac arrest.
3352	Section 111.  Paragraph (a) of subsection (1) and paragraph
3353	(a) of subsection (4) of section 943.0313, Florida Statutes, are
3354	amended to read:
3355	943.0313  Domestic Security Oversight Council.--The
3356	Legislature finds that there exists a need to provide executive
3357	direction and leadership with respect to terrorism prevention,
3358	preparation, protection, response, and recovery efforts by state
3359	and local agencies in this state. In recognition of this need,
3360	the Domestic Security Oversight Council is hereby created. The
3361	council shall serve as an advisory council pursuant to s.
3362	20.03(7) to provide guidance to the state's regional domestic
3363	security task forces and other domestic security working groups
3364	and to make recommendations to the Governor and the Legislature
3365	regarding the expenditure of funds and allocation of resources
3366	related to counter-terrorism and domestic security efforts.
3367	(1)  MEMBERSHIP.--
3368	(a)  The Domestic Security Oversight Council shall consist
3369	of the following voting members:
3370	1.  The executive director of the Department of Law
3371	Enforcement.
3372	2.  The director of the Division of Emergency Management
3373	within the Department of Community Affairs.
3374	3.  The Attorney General.
3375	4.  The Commissioner of Agriculture.
3376	5.  The State Surgeon General Secretary of Health.
3377	6.  The Commissioner of Education.
3378	7.  The State Fire Marshal.
3379	8.  The adjutant general of the Florida National Guard.
3380	9.  The state chief information officer.
3381	10.  Each sheriff or chief of police who serves as a co-
3382	chair of a regional domestic security task force pursuant to s.
3383	943.0312(1)(b).
3384	11.  Each of the department's special agents in charge who
3385	serve as a co-chair of a regional domestic security task force.
3386	12.  Two representatives of the Florida Fire Chiefs
3387	Association.
3388	13.  One representative of the Florida Police Chiefs
3389	Association.
3390	14.  One representative of the Florida Prosecuting
3391	Attorneys Association.
3392	15.  The chair of the Statewide Domestic Security
3393	Intelligence Committee.
3394	16.  One representative of the Florida Hospital
3395	Association.
3396	17.  One representative of the Emergency Medical Services
3397	Advisory Council.
3398	18.  One representative of the Florida Emergency
3399	Preparedness Association.
3400	19.  One representative of the Florida Seaport
3401	Transportation and Economic Development Council.
3402	(4)  EXECUTIVE COMMITTEE.--
3403	(a)  The council shall establish an executive committee
3404	consisting of the following members:
3405	1.  The executive director of the Department of Law
3406	Enforcement.
3407	2.  The director of the Division of Emergency Management
3408	within the Department of Community Affairs.
3409	3.  The Attorney General.
3410	4.  The Commissioner of Agriculture.
3411	5.  The State Surgeon General Secretary of Health.
3412	6.  The Commissioner of Education.
3413	7.  The State Fire Marshal.
3414	Section 112.  Paragraph (f) of subsection (3) of section
3415	1004.435, Florida Statutes, is repealed, and paragraph (b) of
3416	subsection (3), paragraphs (d), (h), (j), (l), (n), and (o) of
3417	subsection (4), subsection (5), and paragraph (b) of subsection
3418	(6) of that section are amended to read:
3419	1004.435  Cancer control and research.--
3420	(3)  DEFINITIONS.--The following words and phrases when
3421	used in this section have, unless the context clearly indicates
3422	otherwise, the meanings given to them in this subsection:
3423	(b)  "Council" means the Florida Cancer Control and
3424	Research Advisory Council, which is an advisory body appointed
3425	to function on a continuing basis for the study of cancer and
3426	which recommends solutions and policy alternatives to the Board
3427	of Governors and the State Surgeon General secretary and which
3428	is established by this section.
3429	(4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
3430	CREATION; COMPOSITION.--
3431	(d)  The council shall meet no less than semiannually at
3432	the call of the chairperson or, in his or her absence or
3433	incapacity, at the call of the State Surgeon General secretary.
3434	Sixteen members constitute a quorum for the purpose of
3435	exercising all of the powers of the council. A vote of the
3436	majority of the members present is sufficient for all actions of
3437	the council.
3438	(h)  The council shall advise the Board of Governors, the
3439	State Surgeon General secretary, and the Legislature with
3440	respect to cancer control and research in this state.
3441	(j)  The council shall formulate and recommend to the State
3442	Surgeon General secretary a plan for the care and treatment of
3443	persons suffering from cancer and recommend the establishment of
3444	standard requirements for the organization, equipment, and
3445	conduct of cancer units or departments in hospitals and clinics
3446	in this state. The council may recommend to the State Surgeon
3447	General secretary the designation of cancer units following a
3448	survey of the needs and facilities for treatment of cancer in
3449	the various localities throughout the state. The State Surgeon
3450	General secretary shall consider the plan in developing
3451	departmental priorities and funding priorities and standards
3452	under chapter 395.
3453	(l)  In order to implement in whole or in part the Florida
3454	Cancer Plan, the council shall recommend to the Board of
3455	Governors or the State Surgeon General secretary the awarding of
3456	grants and contracts to qualified profit or nonprofit
3457	associations or governmental agencies in order to plan,
3458	establish, or conduct programs in cancer control or prevention,
3459	cancer education and training, and cancer research.
3460	(n)  The council shall have the responsibility to advise
3461	the Board of Governors and the State Surgeon General secretary
3462	on methods of enforcing and implementing laws already enacted
3463	and concerned with cancer control, research, and education.
3464	(o)  The council may recommend to the Board of Governors or
3465	the State Surgeon General secretary rules not inconsistent with
3466	law as it may deem necessary for the performance of its duties
3467	and the proper administration of this section.
3468	(5)  RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
3469	MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
3470	STATE SURGEON GENERAL SECRETARY.--
3471	(a)  The Board of Governors or the State Surgeon General
3472	secretary, after consultation with the council, shall award
3473	grants and contracts to qualified nonprofit associations and
3474	governmental agencies in order to plan, establish, or conduct
3475	programs in cancer control and prevention, cancer education and
3476	training, and cancer research.
3477	(b)  The H. Lee Moffitt Cancer Center and Research
3478	Institute, Inc., shall provide such staff, information, and
3479	other assistance as reasonably necessary for the completion of
3480	the responsibilities of the council.
3481	(c)  The Board of Governors or the State Surgeon General
3482	secretary, after consultation with the council, may adopt rules
3483	necessary for the implementation of this section.
3484	(d)  The State Surgeon General secretary, after
3485	consultation with the council, shall make rules specifying to
3486	what extent and on what terms and conditions cancer patients of
3487	the state may receive financial aid for the diagnosis and
3488	treatment of cancer in any hospital or clinic selected. The
3489	department may furnish to citizens of this state who are
3490	afflicted with cancer financial aid to the extent of the
3491	appropriation provided for that purpose in a manner which in its
3492	opinion will afford the greatest benefit to those afflicted and
3493	may make arrangements with hospitals, laboratories, or clinics
3494	to afford proper care and treatment for cancer patients in this
3495	state.
3496	(6)  FLORIDA CANCER CONTROL AND RESEARCH FUND.--
3497	(b)  The fund shall be used exclusively for grants and
3498	contracts to qualified nonprofit associations or governmental
3499	agencies for the purpose of cancer control and prevention,
3500	cancer education and training, cancer research, and all expenses
3501	incurred in connection with the administration of this section
3502	and the programs funded through the grants and contracts
3503	authorized by the State Board of Education or the State Surgeon
3504	General secretary.
3505	Reviser's note.--Amended pursuant to the directive of the
3506	Legislature in s. 3, ch. 2007-40, Laws of Florida, to
3507	conform the statutes to the redesignation of the Secretary
3508	of Health as the State Surgeon General by s. 1, ch. 2007-
3509	40.
3510	Section 113.  This act shall take effect on the 60th day
3511	after adjournment sine die of the session of the Legislature in
3512	which enacted.

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