reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0088 - Right of Entry.

381.0088 Right of entry.—The department or its inspectors may enter and inspect migrant labor camps or residential migrant housing at reasonable hours and investigate such facts, conditions, and practices or matters, as are necessary or appropriate to determine whether any person has violated any provisions of applicable statutes or rules adopted pursuant thereto by the department. The right of entry extends to any premises that the department has reason to believe is being established, maintained, or operated as a migrant labor camp or residential migrant housing without a permit, but such entry may not be made without the permission of the owner, person in charge, or resident thereof, unless an inspection warrant is first obtained from the circuit court authorizing the entry. Any application for a permit made under s. 381.0082 constitutes permission for, and complete acquiescence in, any entry or inspection of the premises for which the permit is sought, to verify the information submitted on or in connection with the application; to discover, investigate, and determine the existence of any violation of ss. 381.008-381.00895 or rules adopted thereunder; or to elicit, receive, respond to, and resolve complaints. Any current valid permit constitutes unconditional permission for, and complete acquiescence in, any entry or inspection of the premises by authorized personnel. The department may from time to time publish the reports of such inspections.
History.—s. 7, ch. 59-476; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 90, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 9, 10, ch. 83-249; s. 40, ch. 91-297; ss. 9, 15, ch. 93-133.
Note.—Former s. 381.482.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00893 - Complaints by Aggrieved Parties.

381.00893 Complaints by aggrieved parties.—Any person who believes that the housing violates any provision of ss. 381.008-381.00895 or rules adopted thereunder may file a complaint with the department. Upon receipt of the complaint, if the department finds there are reasonable grounds to believe that a violation exists and that the nature of the alleged violation could pose a serious and immediate threat to public health, the department shall conduct an inspection as soon as practicable. In all other cases where the department finds there are reasonable grounds to believe that a violation exists, the department shall notify the owner and the operator of the housing that a complaint has been received and the nature of the complaint. The department shall also advise the owner and the operator that the alleged violation must be remedied within 3 business days. The department shall conduct an inspection as soon as practicable following such 3-day period. The department shall notify the owner or the operator of the housing and the complainant in writing of the results of the inspection and the action taken. Upon request of the complainant, the department shall conduct the inspection so as to protect the confidentiality of the complainant. The department shall adopt rules by January 1, 1994, to implement this section.
History.—s. 11, ch. 93-133.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00895 - Prohibited Acts; Application.

381.00895 Prohibited acts; application.—
(1) An owner or operator of housing subject to the provisions of ss. 381.008-381.00897 may not, for the purpose of retaliating against a resident of that housing, discriminatorily terminate or discriminatorily modify a tenancy by increasing the resident’s rent; decreasing services to the resident; bringing or threatening to bring against the resident an action for eviction or possession or another civil action; refusing to renew the resident’s tenancy; or intimidating, threatening, restraining, coercing, blacklisting, or discharging the resident. Examples of conduct for which the owner or operator may not retaliate include, but are not limited to, situations in which:
(a) The resident has complained in good faith, orally or in writing, to the owner or operator of the housing, the employer, or any government agency charged with the responsibility of enforcing the provisions of ss. 381.008-381.00897.
(b) The resident has exercised any legal right provided in this chapter with respect to the housing.
(2) A resident who brings an action for or raises a defense of retaliatory conduct must have acted in good faith.
(3) This section does not apply if the owner or operator of housing proves that the eviction or other action is for good cause, including, without limitation, a good faith action for nonpayment of rent, a violation of the resident’s rental or employment agreement, a violation of reasonable rules of the owner or operator of the housing or of the employer, or a violation of this chapter or the Florida Residential Landlord and Tenant Act.
History.—s. 12, ch. 93-133; s. 653, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00896 - Nondiscrimination.

381.00896 Nondiscrimination.—
(1) The Legislature declares that it is the policy of this state that each county and municipality must permit and encourage the development and use of a sufficient number and sufficient types of farmworker housing facilities to meet local needs. The Legislature further finds that discriminatory practices that inhibit the development of farmworker housing are a matter of state concern.
(2) Any owner or developer of farmworker housing which has qualified for a permit to operate, or who would qualify for a permit based upon plans submitted to the department, or the residents or intended residents of such housing may invoke the provisions of this section.
(3) A municipality or county may not enact or administer local land use ordinances to prohibit or discriminate against the development and use of farmworker housing facilities because of the occupation, race, sex, color, religion, national origin, or income of the intended residents.
(4) This section does not prohibit the imposition of local property taxes, water service and garbage collection fees, normal inspection fees, local bond assessments, or other fees, charges, or assessments to which other dwellings of the same type in the same zone are subject.
(5) This section does not prohibit a municipality or county from extending preferential treatment to farmworker housing, including, without limitation, fee reductions or waivers or changes in architectural requirements, site development or property line requirements, or vehicle parking requirements that reduce the development costs of farmworker housing.
History.—s. 13, ch. 93-133.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.009 - Toilets Required by Department Regulations; Charge for Use of Prohibited.

381.009 Toilets required by department regulations; charge for use of prohibited.—No place of employment or place serving the public shall make a charge for the use of any toilet which is required to be provided by regulation of the Department of Health. Any place of employment or place serving the public which violates this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—s. 1, ch. 74-240; s. 98, ch. 77-147; s. 41, ch. 91-297; s. 42, ch. 97-101.
Note.—Former s. 381.522.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0201 - Technical and Support Services.

381.0201 Technical and support services.—The department shall establish certain technical and support programs to enable the county health departments and other public or private agencies to carry out the public health mission. These programs shall include, but not be limited to, laboratory, pharmacy, vital statistics, and emergency medical services.
History.—s. 44, ch. 91-297; s. 44, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0202 - Laboratory Services.

381.0202 Laboratory services.—
(1) The department shall establish and maintain, in suitable and convenient places in the state, laboratories for microbiological and chemical analyses and any other purposes it determines necessary for the protection of the public health.
(2) The department may contract or agree with any person or public or private agency to provide laboratory services relating to or having potential impact on the public health or relating to the health of clients directly under the care of the state.
(3) The department is authorized to establish and collect reasonable fees and charges for laboratory services provided. Such fees and charges shall be deposited in a trust fund administered by the department and shall be used solely for this purpose.
(4) The department may perform laboratory testing related to public health for other states on a fee-for-service basis.
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 3, ch. 77-113; s. 77, ch. 77-147; s. 31, ch. 83-276; s. 45, ch. 91-297; s. 3, ch. 2009-57; s. 2, ch. 2017-181.
Note.—Former s. 381.321.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0203 - Pharmacy Services.

381.0203 Pharmacy services.—
(1) The department may contract on a statewide basis for the purchase of drugs, as defined in s. 499.003, to be used by state agencies and political subdivisions, and may adopt rules to administer this section.
(2) The department shall establish and maintain a pharmacy services program, including, but not limited to:
(a) A central pharmacy to support pharmaceutical services provided by the county health departments, including pharmaceutical repackaging, dispensing, and the purchase and distribution of immunizations and other pharmaceuticals.
(b) Consultation to county health departments as required by s. 154.04(1)(c).
History.—s. 46, ch. 91-297; s. 6, ch. 94-309; s. 45, ch. 97-101; s. 23, ch. 97-237; s. 194, ch. 99-13; s. 15, ch. 2000-242; s. 11, ch. 2000-326; s. 4, ch. 2009-57; s. 42, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0261 - Summary of Patient’s Bill of Rights; Distribution; Penalty.

381.0261 Summary of patient’s bill of rights; distribution; penalty.—
(1) The Department of Health shall publish on its Internet website a summary of the Florida Patient’s Bill of Rights and Responsibilities. In adopting and making available to patients the summary of the Florida Patient’s Bill of Rights and Responsibilities, health care providers and health care facilities are not limited to the format in which the department publishes the summary.
(2) Health care providers and health care facilities, if requested, shall inform patients of the address and telephone number of each state agency responsible for responding to patient complaints about a health care provider or health care facility’s alleged noncompliance with state licensing requirements established pursuant to law.
(3) Health care facilities shall adopt policies and procedures to ensure that inpatients are provided the opportunity during the course of admission to receive information regarding their rights and how to file complaints with the facility and appropriate state agencies.
(4)(a) An administrative fine may be imposed by the Agency for Health Care Administration when any health care facility fails to make available to patients a summary of their rights, pursuant to s. 381.026 and this section. Initial nonwillful violations shall be subject to corrective action and shall not be subject to an administrative fine. The Agency for Health Care Administration may levy a fine against a health care facility of up to $5,000 for nonwillful violations and up to $25,000 for intentional and willful violations. Each intentional and willful violation constitutes a separate violation and is subject to a separate fine.
(b) An administrative fine may be imposed by the appropriate regulatory board, or the department if there is no board, when any health care provider fails to make available to patients a summary of their rights, pursuant to s. 381.026 and this section. Initial nonwillful violations shall be subject to corrective action and shall not be subject to an administrative fine. The appropriate regulatory board or department may levy a fine against a health care provider of up to $100 for nonwillful violations and up to $500 for willful violations. Each intentional and willful violation constitutes a separate violation and is subject to a separate fine.
(5) In determining the amount of fine to be levied for a violation, as provided in subsection (4), the following factors shall be considered:
(a) The scope and severity of the violation, including the number of patients found to not have received notice of patient rights, and whether the failure to provide notice to patients was willful.
(b) Actions taken by the health care provider or health care facility to correct the violations or to remedy complaints.
(c) Any previous violations of this section by the health care provider or health care facility.
History.—s. 2, ch. 91-127; s. 22, ch. 98-89; s. 179, ch. 98-166; s. 65, ch. 99-397; s. 43, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0402 - Area Health Education Center Network.

381.0402 Area health education center network.—The department, in cooperation with the state-approved medical schools in this state, shall organize an area health education center network based on earlier medically indigent demonstration projects and shall evaluate the impact of each network on improving access to services by persons who are medically underserved. The network shall be a catalyst for the primary care training of health professionals through increased opportunities for training in medically underserved areas.
(1) The department shall contract to assist in funding an area health education center network which links the provision of primary care services to low-income persons with the education of medical students, interns, and residents. The network shall:
(a) Be coordinated with and under contract with the state-approved medical schools, which shall be responsible for the clinical training and supervision.
(b) Divide the state into service areas with each state-approved medical school coordinating the recruiting, training, and retention of medical students within its assigned area.
(c) Use a multidisciplinary approach with appropriate medical supervision.
(d) Use current community resources such as county health departments, federally funded primary care centers, or other primary health care providers as community-based sites for training medical students, interns, and residents.
(2) The department shall establish criteria and procedures for quality assurance, performance evaluations, periodic audits, and other appropriate safeguards for the network.
(3) The department shall make every effort to assure that participating medical schools do not discriminate among enrollees with respect to age, race, sex, or health status. However, such schools may target high-risk medically needy population groups.
(4) The department may use no more than 5 percent of the annual appropriation for administering and evaluating the network.
History.—s. 10, ch. 87-92; s. 24, ch. 88-294; s. 18, ch. 90-295; s. 50, ch. 91-297; s. 47, ch. 97-101; s. 5, ch. 2006-26; s. 13, ch. 2008-5.
Note.—Former s. 409.2661.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0405 - Office of Rural Health.

381.0405 Office of Rural Health.—
(1) ESTABLISHMENT.—The Department of Health shall establish an Office of Rural Health. The Office of Rural Health shall coordinate its activities with the area health education center network established pursuant to s. 381.0402 and with any appropriate research and policy development centers within universities that have state-approved medical schools. The Office of Rural Health may enter into a formal relationship with any center that designates the office as an affiliate of the center.
(2) PURPOSE.—The Office of Rural Health shall actively foster the provision of health care services in rural areas and serve as a catalyst for improved health services to citizens in rural areas of the state.
(3) GENERAL FUNCTIONS.—The office shall:
(a) Integrate policies related to physician workforce, hospitals, public health, and state regulatory functions.
(b) Propose solutions to problems affecting health care delivery in rural areas.
(c) Seek grant funds from foundations and the Federal Government.
(4) COORDINATION.—The office shall:
(a) Identify federal and state rural health programs and provide technical assistance to rural providers regarding participation in such programs.
(b) Act as a clearinghouse for collecting and disseminating information on rural health care issues, research findings on rural health care, and innovative approaches to the delivery of health care in rural areas.
(c) Foster the creation of regional health care systems that promote cooperation, rather than competition.
(d) Coordinate the department’s rural health care activities, programs, and policies.
(e) Design initiatives to improve access to emergency medical services in rural areas.
(f) Assume responsibility for state coordination of the Rural Hospital Transition Grant Program and other federal rural health care programs.
(5) TECHNICAL ASSISTANCE.—The office shall:
(a) Help rural health care providers obtain health care practitioners by promoting the location and relocation of health care practitioners in rural areas.
(b) Provide technical assistance to hospitals, community and migrant health centers, and other health care providers.
(c) Design strategies to improve health care workforce recruitment and placement programs.
(6) RESEARCH PUBLICATIONS AND SPECIAL STUDIES.—The office shall:
(a) Conduct policy and research studies.
(b) Conduct health status studies of rural residents.
(c) Collect relevant data on rural health care issues for use in department policy development.
History.—s. 51, ch. 91-297; s. 659, ch. 95-148; s. 25, ch. 97-237; s. 49, ch. 2012-184; s. 9, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0601 - Self-Derived and Directed-Donor Blood Programs.

381.0601 Self-derived and directed-donor blood programs.—
(1) Any person residing in this state shall be entitled and allowed to participate in a program to donate his or her own blood, in order to have such blood available for autologous, or self-derived, transfusion at the time of a planned medical need.
(2) Any person residing in this state shall be entitled and allowed to participate in a directed-donor blood program to donate the blood of specific donors for use by a designated recipient, in order to have such blood available for blood transfusions at the time of a planned medical need.
(3) Such blood shall not be administered to any other individual until such time as the designated recipient no longer has a need for the blood, after which time the blood shall revert to the blood bank’s general account, except that in the event of a medical emergency, such blood from a designated donor may be used to meet the emergency need.
History.—s. 1, ch. 87-366; s. 52, ch. 91-297; s. 660, ch. 95-148.
Note.—Former s. 381.6015.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.06015 - Public Cord Blood Tissue Bank.

381.06015 Public Cord Blood Tissue Bank.—
(1) There is established a statewide consortium to be known as the Public Cord Blood Tissue Bank. The Public Cord Blood Tissue Bank is established as a nonprofit legal entity to collect, screen for infectious and genetic diseases, perform tissue typing, cryopreserve, and store umbilical cord blood as a resource to the public. The University of Florida, the University of South Florida, the University of Miami, and the Mayo Clinic, Jacksonville shall jointly form the collaborative consortium, each working with community resources such as regional blood banks, hospitals, and other health care providers to develop local and regional coalitions for the purposes set forth in this act. The consortium participants shall align their outreach programs and activities to all geographic areas of the state, covering the entire state. The consortium is encouraged to conduct outreach and research for Hispanics, African Americans, Native Americans, and other ethnic and racial minorities.
(2) The Agency for Health Care Administration and the Department of Health shall encourage health care providers, including, but not limited to, hospitals, birthing facilities, county health departments, physicians, midwives, and nurses, to disseminate information about the Public Cord Blood Tissue Bank.
(3) Nothing in this section creates a requirement of any health care or services program that is directly affiliated with a bona fide religious denomination that includes as an integral part of its beliefs and practices the tenet that blood transfer is contrary to the moral principles the denomination considers to be an essential part of its beliefs.
(4) Any health care facility or health care provider receiving financial remuneration for the collection of umbilical cord blood shall provide written disclosure of this information to any woman postpartum or parent of a newborn from whom the umbilical cord blood is collected prior to the harvesting of the umbilical cord blood.
(5) A woman admitted to a hospital or birthing facility for obstetrical services may be offered the opportunity to donate umbilical cord blood to the Public Cord Blood Tissue Bank. A woman may not be required to make such a donation.
(6) The consortium may charge reasonable rates and fees to recipients of cord blood tissue bank products.
History.—s. 1, ch. 2000-305; s. 53, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.4019 - Dental Student Loan Repayment Program.

381.4019 Dental Student Loan Repayment Program.—The Dental Student Loan Repayment Program is established to promote access to dental care by supporting qualified dentists who treat medically underserved populations in dental health professional shortage areas or medically underserved areas.
(1) As used in this section, the term:
(a) “Dental health professional shortage area” means a geographic area designated as such by the Health Resources and Services Administration of the United States Department of Health and Human Services.
(b) “Department” means the Department of Health.
(c) “Loan program” means the Dental Student Loan Repayment Program.
(d) “Medically underserved area” means a geographic area, an area having a special population, or a facility which is designated by department rule as a health professional shortage area as defined by federal regulation and which has a shortage of dental health professionals who serve Medicaid recipients and other low-income patients.
(e) “Public health program” means a county health department, the Children’s Medical Services program, a federally funded community health center, a federally funded migrant health center, or other publicly funded or nonprofit health care program designated by the department.
(2) The department shall establish a dental student loan repayment program to benefit Florida-licensed dentists who demonstrate, as required by department rule, active employment in a public health program that serves Medicaid recipients and other low-income patients and is located in a dental health professional shortage area or a medically underserved area.
(3) The department shall award funds from the loan program to repay the student loans of a dentist who meets the requirements of subsection (2).
(a) An award may not exceed $50,000 per year per eligible dentist.
(b) Only loans to pay the costs of tuition, books, dental equipment and supplies, uniforms, and living expenses may be covered.
(c) All repayments are contingent upon continued proof of eligibility and must be made directly to the holder of the loan. The state bears no responsibility for the collection of any interest charges or other remaining balances.
(d) A dentist may receive funds under the loan program for at least 1 year, up to a maximum of 5 years.
(e) The department shall limit the number of new dentists participating in the loan program to not more than 10 per fiscal year.
(4) A dentist is no longer eligible to receive funds under the loan program if the dentist:
(a) Is no longer employed by a public health program that meets the requirements of subsection (2).
(b) Ceases to participate in the Florida Medicaid program.
(c) Has disciplinary action taken against his or her license by the Board of Dentistry for a violation of s. 466.028.
(5) The department shall adopt rules to administer the loan program.
(6) Implementation of the loan program is subject to legislative appropriation.
History.—s. 2, ch. 2019-138.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.40195 - Donated Dental Services Program.

381.40195 Donated Dental Services Program.—
(1) This act may be cited as the “Donated Dental Services Act.”
(2) As used in this section, the term:
(a) “Department” means the Department of Health.
(b) “Program” means the Donated Dental Services Program as established pursuant to subsection (3).
(3) The department shall establish the Donated Dental Services Program for the purpose of providing comprehensive dental care through a network of volunteer dentists and other dental providers to needy, disabled, elderly, and medically compromised individuals who cannot afford necessary treatment but are ineligible for public assistance. An eligible individual may receive treatment in a volunteer dentist’s or participating dental provider’s private office or at any other suitable location. An eligible individual is not required to pay any fee or cost associated with the treatment he or she receives.
(4) The department shall establish the program. The department shall contract with a nonprofit organization that has experience in providing similar services or administering similar programs. The contract must specify the responsibilities of the nonprofit organization, which may include, but are not limited to:
(a) Maintaining a network of volunteer dentists and other dental providers, including, but not limited to, dental specialists and dental laboratories, to provide comprehensive dental services to eligible individuals.
(b) Maintaining a system to refer eligible individuals to the appropriate volunteer dentist or participating dental provider.
(c) Developing a public awareness and marketing campaign to promote the program and educate eligible individuals about its availability and services.
(d) Providing the necessary administrative and technical support to administer the program.
(e) Submitting an annual report to the department which must include, at a minimum:
1. Financial data relating to administering the program.
2. Demographic data and other information relating to the eligible individuals who are referred to and receive treatment through the program.
3. Demographic data and other information relating to the volunteer dentists and participating dental providers who provide dental services through the program.
4. Any other data or information that the department may require.
(f) Performing any other program-related duties and responsibilities as required by the department.
(5) The department shall adopt rules to administer the program.
(6) Implementation of the program is subject to legislative appropriation.
History.—s. 3, ch. 2019-138.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7351 - Short Title; Closing the Gap Act.

381.7351 Short title; Closing the Gap Act.—Sections 381.7351-381.7356 may be cited as the “Reducing Racial and Ethnic Health Disparities: Closing the Gap Act.”
History.—s. 27, ch. 2000-256.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7352 - Legislative Intent.

381.7352 Legislative intent.—It is the intent of the Legislature to provide funds within Florida counties and Front Porch Florida Communities, in the form of Reducing Racial and Ethnic Health Disparities: Closing the Gap grants, to stimulate the development of community-based and neighborhood-based projects which will improve the health outcomes of racial and ethnic populations. Further, it is the intent of the Legislature that these programs foster the development of coordinated, collaborative, and broad-based participation by public and private entities, and faith-based organizations. Finally, it is the intent of the Legislature that the grant program function as a partnership between state and local governments, faith-based organizations, and private sector health care providers, including managed care, voluntary health care resources, social service providers, and nontraditional partners.
History.—s. 28, ch. 2000-256; s. 59, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7353 - Reducing Racial and Ethnic Health Disparities: Closing the Gap Grant Program; Administration; Department Duties.

381.7353 Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program; administration; department duties.—
(1) The Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program shall be administered by the Department of Health.
(2) The department shall:
(a) Publicize the availability of funds and establish an application process for submitting a grant proposal.
(b) Provide technical assistance and training, including a statewide meeting promoting best practice programs, as requested, to grant recipients.
(c) Develop uniform data reporting requirements for the purpose of evaluating the performance of the grant recipients and demonstrating improved health outcomes.
(d) Develop a monitoring process to evaluate progress toward meeting grant objectives.
(e) Coordinate with existing community-based programs, such as chronic disease community intervention programs, cancer prevention and control programs, diabetes control programs, the Healthy Start program, the Florida Kidcare Program, the HIV/AIDS program, immunization programs, maternal health programs, and other related programs at the state and local levels, to avoid duplication of effort and promote consistency.
History.—s. 29, ch. 2000-256; s. 21, ch. 2008-6; s. 60, ch. 2012-184; s. 1, ch. 2021-238.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7354 - Eligibility.

381.7354 Eligibility.—
(1) Any person, entity, or organization within a county may apply for a Closing the Gap grant and may serve as the lead agency to administer and coordinate project activities within the county and develop community partnerships necessary to implement the grant.
(2) Persons, entities, or organizations within adjoining counties with populations of less than 100,000, based on the annual estimates produced by the Population Program of the University of Florida Bureau of Economic and Business Research, may jointly submit a multicounty Closing the Gap grant proposal. However, the proposal must clearly identify a single lead agency with respect to program accountability and administration.
(3) Nothing in ss. 381.7351-381.7356 shall prevent a person, entity, or organization within a county or group of counties from separately contracting for the provision of racial and ethnic health promotion, health awareness, and disease prevention services.
History.—s. 30, ch. 2000-256; s. 16, ch. 2004-243; s. 268, ch. 2011-142; s. 1, ch. 2019-154.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7356 - Local Matching Funds; Grant Awards.

381.7356 Local matching funds; grant awards.—
(1) One or more Closing the Gap grants may be awarded in a county, or in a group of adjoining counties from which a multicounty application is submitted.
(2) Closing the Gap grants shall be awarded on a matching basis. One dollar in local matching funds must be provided for each $3 grant payment made by the state, except that:
(a) In counties with populations greater than 50,000, up to 50 percent of the local match may be in kind in the form of free services or human resources. Fifty percent of the local match must be in the form of cash.
(b) In counties with populations of 50,000 or less, the required local matching funds may be provided entirely through in-kind contributions.
(c) Grant awards to Front Porch Florida Communities shall not be required to have a matching requirement.
(3) The amount of the grant award shall be based on the county or neighborhood’s population, or on the combined population in a group of adjoining counties from which a multicounty application is submitted, and on other factors, as determined by the department.
(4) The department may not establish a minimum amount or a maximum amount for grants and shall determine the amount of each award based on the merits of the application. The department shall ensure that grants are awarded to applicants in various regions of this state.
(5) In addition to the requirements provided in s. 381.7353, and subject to the availability of state and federal funds in the HIV/AIDS program, the department shall promote synergistic initiatives between the Closing the Gap grant program and the HIV/AIDS program to leverage the expertise of the Closing the Gap grant program. These initiatives may include the establishment of a supplemental grant program whereby persons, entities, or organizations eligible for a Closing the Gap grant under s. 381.7354 may submit to the department a grant proposal, pursuant to the application process established under s. 381.7355, for funding to further the purposes listed in s. 381.7355(2)(a) and to promote innovative prevention, treatment, and awareness initiatives for minority populations in metropolitan areas which have a higher prevalence of HIV/AIDS for the purposes of reducing the incidence of the HIV infection in such communities and prioritizing the identification of individuals, in a manner consistent with the clinical guidelines of the federal Health Resources and Services Administration, who are not yet aware of their HIV status.
(6) A Closing the Gap grant shall be funded for 1 year and may be renewed annually upon application to and approval by the department, subject to the achievement of quality standards, objectives, and outcomes and to the availability of funds.
(7) Implementation of the Reducing Racial and Ethnic Health Disparities: Closing the Gap grant program shall be subject to a specific appropriation provided in the General Appropriations Act.
History.—s. 32, ch. 2000-256; s. 61, ch. 2012-184; s. 3, ch. 2019-154.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.739 - Short Title; Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.

381.739 Short title; Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.—Sections 381.739-381.79 may be cited as the “Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.”
History.—s. 32, ch. 94-324; s. 17, ch. 99-240.
Note.—Former s. 413.465.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.7395 - Legislative Intent.

381.7395 Legislative intent.—It is the intent of the Legislature to ensure the referral of individuals who have moderate-to-severe brain or spinal cord injuries to the brain and spinal cord injury program, a coordinated rehabilitation program administered by the department. The program shall provide eligible persons, as defined in s. 381.76, the opportunity to obtain the necessary rehabilitative services enabling them to be referred to a vocational rehabilitation program or to return to an appropriate level of functioning in their community. Further, it is intended that permanent disability be avoided, whenever possible, through prevention, early identification, emergency medical services and transport, and proper medical and rehabilitative treatment.
History.—s. 1, ch. 74-254; s. 148, ch. 77-104; s. 2, ch. 87-320; s. 31, ch. 94-324; s. 64, ch. 2000-153; s. 14, ch. 2000-367.
Note.—Former s. 413.46.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.74 - Establishment and Maintenance of a Central Registry.

381.74 Establishment and maintenance of a central registry.—The department shall establish and maintain a central registry of persons who have moderate-to-severe brain or spinal cord injuries.
(1) Every public health agency, private health agency, public social agency, private social agency, and attending physician shall report to the division within 5 days after identification or diagnosis of any person who has a moderate-to-severe brain or spinal cord injury. The consent of such person shall not be required.
(2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the department.
History.—s. 3, ch. 74-254; s. 1, ch. 75-168; s. 4, ch. 87-320; s. 33, ch. 94-324; s. 18, ch. 99-240.
Note.—Former s. 413.48.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.745 - Definitions; Ss. 381.739-381.79.

381.745 Definitions; ss. 381.739-381.79.—As used in ss. 381.739-381.79, the term:
(1) “Activity of daily living” means an activity required on a frequent basis which permits an individual to secure or maintain independence. Such activities include, but are not limited to, personal home care, transportation, personal assistance services, housekeeping, shopping, attending school, communication, and employment.
(2) “Brain or spinal cord injury” means:
(a) A lesion to the spinal cord or cauda equina, resulting from external trauma, with evidence of significant involvement of two of the following deficits or dysfunctions:
1. Motor deficit.
2. Sensory deficit.
3. Bowel and bladder dysfunction.
(b) An insult to the skull, brain, or its covering, resulting from external trauma that produces an altered state of consciousness or anatomic motor, sensory, cognitive, or behavioral deficits.
(3) “Emergency medical evacuation system” means a department-approved transportation system that provides timely and skilled emergency care and movement of individuals believed to have sustained a brain or spinal cord injury.
(4) “Personal assistance services” means a range of services, provided by one or more individuals, which are designed to assist an individual who has a disability to perform activities of daily living.
(5) “Funded services” means services paid for through the brain and spinal cord injury program.
(6) “Designated facility” means a facility approved by the brain and spinal cord injury program which meets the criteria and standards of care of the brain and spinal cord injury program for individuals who have sustained a brain or spinal cord injury.
(7) “Third-party coverage” means any claim for, right to receive payment for, or any coverage for the payment of any services under the brain and spinal cord injury program.
(8) “Third-party payment” means any and all payments received or due as a result of any third-party obligation created by gift, coverage or other contract, settlement or judicial decision, or action of law.
(9) “Transitional living facility” means a state-approved facility as defined and licensed under chapter 400.
(10) “Trauma center” means a department-approved acute care facility that provides diagnosis and treatment of individuals who have sustained a brain or spinal cord injury.
History.—s. 15, ch. 2000-367; s. 14, ch. 2006-197; s. 5, ch. 2015-25.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.75 - Duties and Responsibilities of the Department.

381.75 Duties and responsibilities of the department.—Consistent with the mandate of s. 381.7395, the department shall develop and administer a multilevel treatment program for individuals who sustain brain or spinal cord injuries and who are referred to the brain and spinal cord injury program.
(1) Within 15 days after any report of an individual who has sustained a brain or spinal cord injury, the department shall notify the individual or the most immediate available family members of their right to assistance from the state, the services available, and the eligibility requirements.
(2) The department shall refer individuals who have brain or spinal cord injuries to other state agencies to ensure that rehabilitative services, if desired, are obtained by that individual.
(3) The department, in consultation with emergency medical service, shall develop standards for an emergency medical evacuation system that will ensure that all individuals who sustain traumatic brain or spinal cord injuries are transported to a department-approved trauma center that meets the standards and criteria established by the emergency medical service and the acute-care standards of the brain and spinal cord injury program.
(4) The department shall develop standards for designation of rehabilitation centers to provide rehabilitation services for individuals who have brain or spinal cord injuries.
(5) The department shall determine the appropriate number of designated acute-care facilities, inpatient rehabilitation centers, and outpatient rehabilitation centers needed based on incidence, volume of admissions, and other appropriate criteria.
(6) The department shall develop standards for designation of transitional living facilities to provide transitional living services for individuals who participate in the brain and spinal cord injury program.
History.—s. 4, ch. 74-254; s. 5, ch. 87-320; s. 34, ch. 94-324; s. 2, ch. 98-12; s. 19, ch. 99-240; s. 16, ch. 2000-367; s. 6, ch. 2015-25.
Note.—Former s. 413.49.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.755 - Benefits Not Assignable.

381.755 Benefits not assignable.—The right of an eligible individual to any services provided by the brain and spinal cord injury program is not transferable or assignable, and any benefits, including money, goods, or chattels, received as services under the brain and spinal cord injury program are exempt from all state, county, and municipal taxes and from sale under the process of any court, except for obligations contracted for the purchase of such property.
History.—s. 17, ch. 2000-367.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.76 - Eligibility for the Brain and Spinal Cord Injury Program.

381.76 Eligibility for the brain and spinal cord injury program.—
(1) An individual shall be accepted as eligible for the brain and spinal cord injury program following certification by the department that the individual:
(a) Has been referred to the central registry pursuant to s. 381.74;
(b) Is a legal resident of this state at the time of application for services;
(c) Has sustained a brain or spinal cord injury;
(d) Is medically stable; and
(e) Is reasonably expected to achieve reintegration into the community through services provided by the brain and spinal cord injury program.
(2) If the department is unable to provide services to all eligible individuals, the department may establish an order of selection.
History.—s. 35, ch. 94-324; s. 20, ch. 99-240; s. 10, ch. 2000-153; s. 18, ch. 2000-367.
Note.—Former s. 413.507.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.765 - Retention of Title to and Disposal of Equipment.

381.765 Retention of title to and disposal of equipment.—
(1) The department may retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for services provided under the brain and spinal cord injury program or for personnel employed in operating the brain and spinal cord injury program, and may repossess or transfer such property, tools, instruments, supplies, equipment, or other items of value.
(2) The department may offer for sale any surplus items acquired in operating the brain and spinal cord injury program when they are no longer necessary or exchange them for necessary items that may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for the equipment shall be taken from the purchaser showing the consideration given for such equipment and forwarded to the Chief Financial Officer, and any funds received by the brain and spinal cord injury program pursuant to any such transaction shall be deposited in the Brain and Spinal Cord Injury Program Trust Fund and shall be available for expenditure for any purpose consistent with ss. 381.739-381.79.
History.—s. 19, ch. 2000-367; s. 404, ch. 2003-261; s. 7, ch. 2010-161; s. 62, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.775 - Applicant and Recipient Records; Confidential and Privileged.

381.775 Applicant and recipient records; confidential and privileged.—
(1) All oral and written records, information, letters, and reports received, made, or maintained by the department relative to any applicant for or recipient of services under the brain and spinal cord injury program are privileged, confidential, and exempt from s. 119.07(1). Any person who discloses or releases such records, information, or communications in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Such records may not be released, except that:
(a) Records may be released to the applicant or recipient, or his or her representative, upon receipt of a written waiver from the applicant or recipient. Medical, psychological, or other information that the department believes may be harmful to an applicant or recipient may not be released directly to him or her, but must be provided through a licensed health care professional designated by the applicant or recipient.
(b) Records that do not identify applicants or recipients may be released for the purpose of research, when the research is approved by the department.
(c) Records used in administering the brain and spinal cord injury program may be released as required to administer the program or as required by an agency or political subdivision of the state in the performance of its duties. Any agency or political subdivision to which records are released under this paragraph may not disclose the records to third parties.
(d) Records may be released upon the order of an administrative law judge, a hearing officer, a judge of compensation claims, an agency head exercising quasi-judicial authority, or a judge of a court of competent jurisdiction following a finding in an in camera proceeding that the records are relevant to the inquiry before the court and should be released. The in camera proceeding and all records relating thereto are confidential and exempt from s. 119.07(1).
(e) Whenever an applicant for or recipient of services under the brain and spinal cord injury program has declared any intention to harm other persons or property, such declaration may be disclosed.
(f) The department may release personal information about an applicant for or recipient of services under the brain and spinal cord injury program in order to protect him or her or others when the applicant or recipient poses a threat to his or her own safety or to the safety of others and shall, upon official request, release such information to law enforcement agencies investigating the commission of a crime.
(2) Records that come into the possession of the department relative to any applicant for or receipt of services under the brain and spinal cord injury program and that are confidential by other provisions of law are confidential and exempt from s. 119.07(1), and may not be released by the department, except as provided in this section.
History.—s. 20, ch. 2000-367.