reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.3711 - Enforcement.

388.3711 Enforcement.—
(1) The department is empowered to enforce this chapter or its rules by commencing and maintaining all proper and necessary actions and proceedings, including, but not limited to, application for injunction to the proper circuit court to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter or the rules promulgated thereunder.
(2) The department may deny, suspend, or revoke any license or certification, or the disbursal of state aid, in accordance with the provisions of chapter 120, upon any one or more of the following grounds as may be applicable:
(a) Violation of any rule of the department or provision of this chapter.
(b) Violation of FIFRA or any relevant EPA rule or regulation pertaining to the use of arthropod control pesticides by the licensee.
(c) Failure to give the department, or any authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this chapter.
(3) The department may, if it finds a violation is of such nature or circumstances that denial, revocation, or suspension of a certification or license or disbursal of state aid would be detrimental to the public or be unnecessarily harsh under the circumstances, in its discretion, place the offending party on probation for a period of not more than 2 years. If the department determines that the terms of such probation have been violated, it may reinstitute license or certification or state aid denial, suspension, or revocation proceedings.
(4) The department, pursuant to chapter 120, in addition to or in lieu of any other remedy provided by state or local law, may impose an administrative fine not exceeding $500, or less than $25, for each violation of any of the provisions of this chapter. Each day that a violation continues shall constitute a separate violation. All amounts collected pursuant to this section shall be deposited in the department’s Aid to Local Governments Arthropod Control Program to be used for arthropod control research.
(5) In determining the amount of any penalty authorized by this section, the following factors shall be considered:
(a) The severity of the violation, including the probability that death or serious harm to the health or safety of any person or the environment will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter were violated.
(b) Actions taken by the licensee or certified operator in charge to correct the violation or to mitigate actual or potential harm.
(c) Any previous violations of this chapter.
(6) The department shall publish quarterly a list of disciplinary actions taken pursuant to this chapter and shall provide such a list to each licensee.
History.—s. 13, ch. 86-203; s. 16, ch. 92-203.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.381 - Cooperation by Counties and District.

388.381 Cooperation by counties and district.—Any county or district carrying on an arthropod control program may cooperate with another county, district, or municipality in carrying out a program for the control of mosquitoes and other arthropods, by agreement as to the program and reimbursement thereof, when approved by the department.
History.—s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 171, ch. 77-147; s. 17, ch. 92-203.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.391 - Control Measures in Municipalities and Portions of Counties Located Outside Boundaries of Districts.

388.391 Control measures in municipalities and portions of counties located outside boundaries of districts.—Any district whose operation is limited to a portion of the county in which it is located may perform any control measures authorized by this chapter in any municipality located in the same county or in any portions of the same county, where there is no established district, when requested to do so by the municipality or county, pursuant to s. 388.381.
History.—s. 2, ch. 59-195; s. 1, ch. 63-236.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.401 - Penalty for Damage to Property or Operations.

388.401 Penalty for damage to property or operations.—Whoever shall willfully damage any of the property of any county or district created under this or other chapters, or any works constructed, maintained, or controlled by such county or district, or who shall obstruct or cause to be obstructed any of the operations of such county or district, or who shall knowingly or willfully violate any provisions of this chapter or any rule or regulation promulgated by any board of commissioners of any county or district shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 59-195; s. 1, ch. 63-236; s. 341, ch. 71-136.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.43 - Florida Medical Entomology Laboratory.

388.43 Florida Medical Entomology Laboratory.—
(1) The Florida Medical Entomology Laboratory, located in Vero Beach, shall be a research and training center for the state under the supervision of the Board of Governors. The laboratory shall be an operational unit of the University of Florida and an integral part of the Institute of Food and Agricultural Sciences.
(2) The Florida Medical Entomology Laboratory shall perform basic and applied research in the biology and control of biting insects and other arthropods of importance as transmitters of disease or as pest annoyances, with special attention to the needs of the various mosquito control organizations, districts, counties, and municipalities of the state. Each quarter, the laboratory shall provide the department with such information as the department shall require to assist it in the performance of its duties with respect to mosquito control under this chapter. The laboratory shall also serve as a center for the training of students and personnel in the entomological aspects of public health, veterinary science, sanitation, mosquito control, drainage and irrigation design, wetlands management, and other areas of service requiring knowledge of medical entomology. Research and training may extend to international programs of the university under appropriate contract and grant arrangements with international, foreign, and federal agencies.
History.—s. 1, ch. 79-283; s. 242, ch. 81-259; s. 20, ch. 92-203; s. 47, ch. 2007-217.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 388 - Mosquito Control › 388.45 - Threat to Public or Animal Health; Declarations.

388.45 Threat to public or animal health; declarations.—
(1) The State Health Officer has the authority to declare that a threat to public health exists when the Department of Health discovers in the human or surrogate population the occurrence of an infectious disease that can be transmitted from mosquitoes or other arthropods to humans. The State Health Officer must immediately notify the Commissioner of Agriculture of the declaration of this threat to public health. The Commissioner of Agriculture is authorized to issue a mosquito or other arthropod declaration in those counties needing additional mosquito or other arthropod control measures based on the State Health Officer’s declaration of a threat to the public health. Each declaration must contain the geographical boundaries and the duration of the declaration. The State Health Officer shall order such human medical preventive treatment and the Commissioner of Agriculture shall order such ameliorative mosquito or other arthropod control measures as are necessary to prevent the spread of disease, notwithstanding contrary provisions of this chapter or the rules adopted under this chapter. Within 24 hours after a declaration of a threat to the public health, the State Health Officer must also notify the agency heads of the Department of Environmental Protection and the Fish and Wildlife Conservation Commission of the declaration. Within 24 hours after a mosquito or other arthropod declaration based on the public health declaration, the Commissioner of Agriculture must notify the agency heads of the Department of Environmental Protection and the Fish and Wildlife Conservation Commission of the declaration.
(2) The Commissioner of Agriculture has the authority to declare that a threat to animal health exists when the department discovers the occurrence of an infectious disease in animals that can be transmitted by mosquitoes or other arthropods and is authorized to issue an animal health declaration in those counties needing additional veterinary care or mosquito or other arthropod control measures based on a threat to animal health. Each declaration must contain the geographical boundaries and the duration of the declaration. The Commissioner of Agriculture shall order such veterinary treatment or ameliorative mosquito or other arthropod control measures as are necessary to prevent the spread of disease, notwithstanding contrary provisions of this chapter or the rules adopted under this chapter. The Commissioner of Agriculture shall immediately notify the State Health Officer and the agency heads of the Department of Environmental Protection and the Fish and Wildlife Conservation Commission upon issuance of an animal health declaration.
History.—s. 16, ch. 86-203; s. 21, ch. 92-203; s. 354, ch. 94-356; s. 85, ch. 97-101; s. 201, ch. 99-245; s. 16, ch. 2002-295.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.01116 - Public Records Exemptions; Minors Seeking Waiver of Notice Requirements.

390.01116 Public records exemptions; minors seeking waiver of notice requirements.—Any information that can be used to identify a minor petitioning a circuit court for a judicial waiver, as provided in s. 390.01114, of the notice requirements under the Parental Notice of Abortion Act is:
(1) Confidential and exempt from s. 24(a), Art. I of the State Constitution if held by a circuit court or an appellate court.
(2) Confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if held by the office of criminal conflict and civil regional counsel or the Justice Administrative Commission.
History.—s. 1, ch. 99-321; ss. 1, 2, ch. 2005-104; ss. 1, 3, ch. 2010-41; s. 1, ch. 2015-74.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.01118 - Public Records Exemptions; Minors Seeking Waiver of Consent Requirements.

390.01118 Public records exemptions; minors seeking waiver of consent requirements.—Any information that can be used to identify a minor who is petitioning a circuit court for a judicial waiver, as provided in s. 390.01114, of the consent requirements under the Parental Notice of and Consent for Abortion Act is:
(1) Confidential and exempt from s. 24(a), Art. I of the State Constitution, if held by a circuit court or an appellate court.
(2) Confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, if held by the office of criminal conflict and civil regional counsel or the Justice Administrative Commission.
This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2020-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.0112 - Termination of Pregnancies; Reporting.

390.0112 Termination of pregnancies; reporting.—
(1) The director of any medical facility in which abortions are performed, including surgical procedures and medical abortions, shall submit a report each month to the agency. If the abortion is not performed in a medical facility, the physician performing the abortion shall submit the monthly report. The report must be submitted electronically on a form adopted by the agency, the Board of Medicine, and the Board of Osteopathic Medicine which may not include personal identifying information and must include:
(a) The number of abortions performed.
(b) The reasons such abortions were performed. If a woman upon whom an abortion is performed has provided evidence that she is a victim of human trafficking pursuant to s. 390.0111(3)(a)1.b.(IV), such reason must be included in the information reported under this section.
(c) For each abortion, the period of gestation at the time the abortion was performed.
(d) The number of infants born alive or alive immediately after an attempted abortion.
(e) Information consistent with the United States Standard Report of Induced Termination of Pregnancy adopted by the Centers for Disease Control and Prevention.
(f) The number of medication abortion regimens prescribed or dispensed.
(2) The agency shall keep such reports in a central location for the purpose of compiling and analyzing statistical data and shall submit data reported pursuant to paragraph (1)(e) to the Division of Reproductive Health within the Centers for Disease Control and Prevention, as requested by the Centers for Disease Control and Prevention.
(3) Reports submitted pursuant to this section shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be revealed except upon the order of a court of competent jurisdiction in a civil or criminal proceeding.
(4) Any person required under this section to file a report or keep any records who willfully fails to file such report or keep such records may be subject to a $200 fine for each violation. The agency shall be required to impose such fines when reports or records required under this section have not been timely received. For purposes of this section, timely received is defined as 30 days following the preceding month.
History.—s. 2, ch. 79-302; s. 1, ch. 90-336; s. 191, ch. 97-101; s. 3, ch. 97-151; s. 2, ch. 98-1; s. 78, ch. 99-8; s. 202, ch. 99-13; s. 3, ch. 2013-121; s. 3, ch. 2016-150; s. 5, ch. 2022-69.
Note.—Former s. 390.002.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.014 - Licenses; Fees.

390.014 Licenses; fees.—
(1) The requirements of part II of chapter 408 shall apply to the provision of services that require licensure pursuant to ss. 390.011-390.018 and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to ss. 390.011-390.018. A license issued by the agency is required in order to operate a clinic in this state.
(2) A separate license shall be required for each clinic maintained on separate premises, even though it is operated by the same management as another clinic; but a separate license shall not be required for separate buildings on the same premises.
(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this chapter and part II of chapter 408. The amount of the fee shall be established by rule and may not be more than required to pay for the costs incurred by the agency in administering this chapter.
(4) Counties and municipalities applying for licenses under this act shall be exempt from the payment of the license fees.
History.—s. 4, ch. 78-382; s. 1, ch. 86-286; ss. 4, 5, ch. 88-97; s. 5, ch. 91-282; s. 4, ch. 91-429; s. 6, ch. 97-151; s. 17, ch. 2007-230; s. 97, ch. 2008-4; s. 5, ch. 2016-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.015 - Application for License.

390.015 Application for license.—In addition to the requirements of part II of chapter 408, an application for a license to operate an abortion clinic shall be made to the agency and must include the location of the clinic for which application is made and a statement that local zoning ordinances permit such location.
History.—s. 5, ch. 78-382; s. 1, ch. 86-286; ss. 4, 5, ch. 88-97; s. 4, ch. 91-429; s. 7, ch. 97-151; ss. 21, 71, ch. 98-171; s. 61, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 41, ch. 2004-267; s. 18, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.018 - Administrative Fine.

390.018 Administrative fine.—In addition to the requirements of part II of chapter 408, the agency may impose a fine upon the clinic in an amount not to exceed $1,000 for each violation of any provision of this chapter, part II of chapter 408, or applicable rules.
History.—s. 8, ch. 78-382; s. 1, ch. 86-286; ss. 4, 5, ch. 88-97; s. 4, ch. 91-429; s. 10, ch. 97-151; s. 21, ch. 2007-230; s. 98, ch. 2008-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 390 - Termination of Pregnancies › 390.025 - Abortion Referral or Counseling Agencies; Penalties.

390.025 Abortion referral or counseling agencies; penalties.—
(1) As used in this section, an “abortion referral or counseling agency” is any person, group, or organization, whether funded publicly or privately, that provides advice or help to persons in obtaining abortions.
(2) An abortion referral or counseling agency, before making a referral or aiding a person in obtaining an abortion, shall furnish such person with a full and detailed explanation of abortion, including the effects of and alternatives to abortion. If the person advised is a minor, a good faith effort shall be made by the referral or counseling agency to furnish such information to the parents or guardian of the minor. No abortion referral or counseling agency shall charge or accept any fee, kickback, or compensation of any nature from a physician, hospital, clinic, or other medical facility for referring a person thereto for an abortion.
(3) An abortion referral or counseling agency, as defined in subsection (1), shall register with the Agency for Health Care Administration. To register or renew a registration an applicant must pay an initial or renewal registration fee established by rule, which must not exceed the costs incurred by the agency in administering this section. Registrants must include in any advertising materials the registration number issued by the agency and must renew their registration biennially.
(4) The following are exempt from the requirement to register pursuant to subsection (3):
(a) Facilities licensed pursuant to this chapter, chapter 395, chapter 400, or chapter 408;
(b) Facilities that are exempt from licensure as a clinic under s. 400.9905(4) and that refer five or fewer patients for abortions per month; and
(c) Health care practitioners, as defined in s. 456.001, who, in the course of their practice outside of a facility licensed pursuant to this chapter, chapter 395, chapter 400, or chapter 408, refer five or fewer patients for abortions each month.
(5) The agency shall adopt rules to administer this section and part II of chapter 408.
(6) Any person who violates the provisions of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition to any other penalties imposed pursuant to this chapter, the Agency for Health Care Administration may assess costs related to an investigation of violations of this section which results in a successful prosecution. Such costs may not include attorney fees.
History.—s. 1, ch. 79-302; s. 66, ch. 91-224; s. 6, ch. 2016-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.011 - Short title.

391.011 Short title.—The provisions of this chapter may be cited as the “Children’s Medical Services Act.”
History.—s. 1, ch. 78-106; s. 2, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.016 - Purposes and functions.

391.016 Purposes and functions.—The Children’s Medical Services program is established for the following purposes and authorized to perform the following functions:
(1) Provide to children with special health care needs a family-centered, comprehensive, and coordinated statewide managed system of care that links community-based health care with multidisciplinary, regional, and tertiary pediatric specialty care. The program shall coordinate and maintain a consistent medical home for participating children.
(2) Provide essential preventive, evaluative, and early intervention services for children at risk for or having special health care needs, in order to prevent or reduce long-term disabilities.
History.—s. 2, ch. 78-106; s. 3, ch. 98-288; s. 74, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.021 - Definitions.

391.021 Definitions.—When used in this act, the term:
(1) “Children’s Medical Services network” or “network” means a statewide managed care service system that includes health care providers, as defined in this section.
(2) “Children with special health care needs” means those children younger than 21 years of age who have chronic and serious physical, developmental, behavioral, or emotional conditions and who require health care and related services of a type or amount beyond that which is generally required by children.
(3) “Department” means the Department of Health.
(4) “Eligible individual” means a child with a special health care need or a female with a high-risk pregnancy, who meets the financial and medical eligibility standards established in s. 391.029.
(5) “Health care provider” means a health care professional, health care facility, or entity licensed or certified to provide health services in this state that meets the criteria as established by the department.
(6) “Health services” includes the prevention, diagnosis, and treatment of human disease, pain, injury, deformity, or disabling conditions.
(7) “Participant” means an eligible individual who is enrolled in the Children’s Medical Services program.
(8) “Program” means the Children’s Medical Services program established in the department.
History.—s. 3, ch. 78-106; s. 695, ch. 95-148; s. 87, ch. 97-101; s. 4, ch. 98-288; s. 43, ch. 99-397; s. 15, ch. 2004-350; s. 75, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.025 - Applicability and scope.

391.025 Applicability and scope.—
(1) The Children’s Medical Services program consists of the following components:
(a) The newborn screening program established in s. 383.14.
(b) The regional perinatal intensive care centers program established in ss. 383.15-383.19.
(c) The developmental evaluation and intervention program, including the Early Steps Program.
(d) The Children’s Medical Services network.
(2) The Children’s Medical Services program shall not be deemed an insurer and is not subject to the licensing requirements of the Florida Insurance Code or the rules adopted thereunder.
History.—s. 5, ch. 98-288; s. 10, ch. 2000-253; s. 409, ch. 2003-261; s. 72, ch. 2003-416; s. 16, ch. 2004-350; s. 76, ch. 2012-184; s. 89, ch. 2014-17; s. 4, ch. 2016-238.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.028 - Administration.

391.028 Administration.—
(1) The Director of Children’s Medical Services must be a physician licensed under chapter 458 or chapter 459 who has specialized training and experience in the provision of health care to children and who has recognized skills in leadership and the promotion of children’s health programs. The director shall be the deputy secretary and the Deputy State Health Officer for Children’s Medical Services and is appointed by and reports to the State Surgeon General. The director may appoint such other staff as necessary for the operation of the program subject to the approval of the State Surgeon General.
(2) The director shall provide for an operational system using such department staff and contract providers as necessary. The program shall implement the following program activities under physician supervision on a statewide basis:
(a) Case management services for network participants;
(b) Management and oversight of local program activities;
(c) Medical and financial eligibility determination for the program in accordance with s. 391.029;
(d) Determination of a level of care and medical complexity for long-term care services;
(e) Authorizing services in the program and developing spending plans;
(f) Development of treatment plans; and
(g) Resolution of complaints and grievances from participants and health care providers.
(3) Each Children’s Medical Services area office shall be directed by a physician licensed under chapter 458 or chapter 459 who has specialized training and experience in the provision of health care to children. The director of a Children’s Medical Services area office shall be appointed by the director from the active panel of Children’s Medical Services physician consultants.
History.—s. 9, ch. 78-106; s. 17, ch. 96-403; s. 33, ch. 97-237; s. 7, ch. 98-288; s. 26, ch. 99-397; s. 45, ch. 2008-6; s. 78, ch. 2012-184.
Note.—Subsection (1) former s. 391.051.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.029 - Program eligibility.

391.029 Program eligibility.—
(1) Eligibility for the Children’s Medical Services program is based on the diagnosis of one or more chronic and serious medical conditions and the family’s need for specialized services.
(2) The following individuals are eligible to receive services through the program:
(a) A high-risk pregnant female who is enrolled in Medicaid.
(b) Children with serious special health care needs from birth to 21 years of age who are enrolled in Medicaid.
(c) Children with serious special health care needs from birth to 19 years of age who are enrolled in a program under Title XXI of the Social Security Act.
(3) Subject to the availability of funds, the following individuals may receive services through the program:
(a) Children with serious special health care needs from birth to 21 years of age who do not qualify for Medicaid or Title XXI of the Social Security Act but who are unable to access, due to lack of providers or lack of financial resources, specialized services that are medically necessary or essential family support services. Families shall participate financially in the cost of care based on a sliding fee scale established by the department.
(b) Children with special health care needs from birth to 21 years of age, as provided in Title V of the Social Security Act.
(c) An infant who receives an award of compensation under s. 766.31(1). The Florida Birth-Related Neurological Injury Compensation Association shall reimburse the Children’s Medical Services Network the state’s share of funding, which must thereafter be used to obtain matching federal funds under Title XXI of the Social Security Act.
(4) Any child who has been provided with surgical or medical care or treatment under this act prior to being adopted and has serious and chronic special health needs shall continue to be eligible to be provided with such care or treatment after his or her adoption, regardless of the financial ability of the persons adopting the child.
History.—s. 6, ch. 13620, 1929; CGL 1936 Supp. 3640(6); s. 1, ch. 57-21; ss. 19, 35, ch. 69-106; s. 1, ch. 73-114; s. 178, ch. 77-147; s. 1, ch. 77-159; ss. 8, 13, 14, ch. 78-106; s. 1, ch. 78-332; s. 696, ch. 95-148; s. 8, ch. 98-288; s. 73, ch. 2003-416; s. 39, ch. 2004-5; s. 17, ch. 2004-350; s. 79, ch. 2012-184.
Note.—Subsection (3) former s. 391.046; subsection (4) former s. 391.07.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.0315 - Benefits.

391.0315 Benefits.—Benefits provided under the program for children with special health care needs shall be equivalent to benefits provided to children as specified in ss. 409.905 and 409.906. The department may offer additional benefits for early intervention services, respite services, genetic testing, genetic and nutritional counseling, and parent support services, if such services are determined to be medically necessary.
History.—s. 9, ch. 98-288; s. 27, ch. 99-397; s. 80, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.035 - Provider qualifications.

391.035 Provider qualifications.—
(1) The department shall establish the criteria to designate health care providers to participate in the Children’s Medical Services network. The department shall follow, whenever available, national guidelines for selecting health care providers to serve children with special health care needs.
(2) The department shall require that all health care providers under contract with the program be duly licensed in the state, if such licensure is available, and meet such criteria as may be established by the department.
(3) The department may initiate agreements with other state or local governmental programs or institutions for the coordination of health care to eligible individuals receiving services from such programs or institutions.
(4) Notwithstanding any other law, the department may contract with health care providers licensed in another state to provide health services to participants in the Children’s Medical Services program when necessary due to an emergency or in order to provide specialty services or greater convenience to the participants for receiving timely and effective health care services. The department may adopt rules to administer this subsection.
History.—ss. 6, 7, ch. 78-106; s. 10, ch. 98-288; s. 18, ch. 2004-350.
Note.—Subsection (2) former s. 391.036; subsection (3) former s. 391.041.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.037 - Physicians; private sector services.

391.037 Physicians; private sector services.—It is not a violation of s. 112.313(7) for a physician licensed under chapter 458 or chapter 459 who is providing private sector services to clients of the department or who is employed by or has a contractual relationship with any business entity or agency that is a contract provider for the department to also be employed by the department to provide services under this chapter or chapter 39 if:
(1) The physician does not enter into contracts with the department on behalf of any business entity or agency with whom the physician is employed or has an employment or contractual relationship.
(2) The physician’s private sector employment or contractual relationship does not create a conflict between the physician’s private sector interests and public duties or impede the full and faithful discharge of the physician’s public duties as an employee of the department.
(3) The physician’s employment with the department does not compromise the ability of department clients to make a voluntary choice among department-referred physicians and private providers for their medical services.
History.—s. 16, ch. 2001-53.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.045 - Reimbursement.

391.045 Reimbursement.—
(1) The department shall reimburse health care providers for services rendered through the Children’s Medical Services network using cost-effective methods, including, but not limited to, capitation, discounted fee-for-service, unit costs, and cost reimbursement. Medicaid reimbursement rates shall be utilized to the maximum extent possible, where applicable.
(2) Reimbursement to the Children’s Medical Services program for services provided to children with special health care needs who participate in the Florida Kidcare program and who are not Medicaid recipients shall be on a capitated basis.
History.—s. 11, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.047 - Third-party payments.

391.047 Third-party payments.—The Children’s Medical Services program shall comply with s. 402.24, concerning third-party liabilities and recovery of third-party payments for health services.
History.—s. 12, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.055 - Service delivery systems.

391.055 Service delivery systems.—
(1) The program shall apply managed care methods to ensure the efficient operation of the Children’s Medical Services network. Such methods include, but are not limited to, capitation payments, utilization management and review, prior authorization, and case management.
(2) The components of the network are:
(a) Qualified primary care physicians who shall serve as the gatekeepers and who shall be responsible for the provision or authorization of health services to an eligible individual who is enrolled in the Children’s Medical Services network.
(b) Comprehensive specialty care arrangements that meet the requirements of s. 391.035 to provide acute care, specialty care, long-term care, and chronic disease management for eligible individuals.
(c) Case management services.
(3) The Children’s Medical Services network may contract with school districts participating in the certified school match program pursuant to ss. 409.908(21) and 1011.70 for the provision of school-based services, as provided for in s. 409.9071, for Medicaid-eligible children who are enrolled in the Children’s Medical Services network.
(4) If a newborn has an abnormal screening result for metabolic or other hereditary and congenital disorders which is identified through the newborn screening program pursuant to s. 383.14, the newborn shall be referred to the Children’s Medical Services program for additional testing, medical management, early intervention services, or medical referral.
History.—s. 13, ch. 98-288; s. 978, ch. 2002-387; s. 19, ch. 2004-350; s. 31, ch. 2016-65; s. 23, ch. 2017-129.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.065 - Health care provider agreements.

391.065 Health care provider agreements.—The department is authorized to establish health care provider agreements for participation in the Children’s Medical Services program.
History.—s. 14, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.071 - Quality of care requirements.

391.071 Quality of care requirements.—The Children’s Medical Services program shall develop quality of care and service integration standards and reporting requirements for health care providers that participate in the Children’s Medical Services program. The program shall ensure that these standards are not duplicative of other standards and requirements for health care providers.
History.—s. 15, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.081 - Grievance reporting and resolution requirements.

391.081 Grievance reporting and resolution requirements.—The department shall adopt and implement a system to provide assistance to eligible individuals and health care providers to resolve complaints and grievances. To the greatest extent possible, the department shall use existing grievance reporting and resolution processes. The department shall ensure that the system developed for the Children’s Medical Services program does not duplicate existing grievance reporting and resolution processes.
History.—s. 16, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.095 - Program integrity.

391.095 Program integrity.—The department shall operate a system to oversee the activities of Children’s Medical Services program participants, and health care providers and their representatives, to prevent fraudulent and abusive behavior, overutilization and duplicative utilization, and neglect of participants and to recover overpayments as appropriate. For the purposes of this section, the terms “abuse” and “fraud” have the meanings provided in s. 409.913. The department shall refer incidents of suspected fraud and abuse, and overutilization and duplicative utilization, to the appropriate regulatory agency.
History.—s. 17, ch. 98-288.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part I - General Provisions (Ss. 391.011-391.097) › 391.097 - Research and evaluation.

391.097 Research and evaluation.—
(1) The department may initiate, fund, and conduct research and evaluation projects to improve the delivery of children’s medical services. The department may cooperate with public and private agencies engaged in work of a similar nature.
(2) The Children’s Medical Services network shall be included in any evaluation conducted in accordance with the provisions of Title XXI of the Social Security Act as enacted by the Legislature.
History.—s. 10, ch. 78-106; s. 18, ch. 98-288.
Note.—Former s. 391.061.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part II - Children’s Medical Services Councils and Panels (Ss. 391.221, 391.223) › 391.221 - Statewide Children’s Medical Services Network Advisory Council.

391.221 Statewide Children’s Medical Services Network Advisory Council.—
(1) The State Surgeon General may appoint a Statewide Children’s Medical Services Network Advisory Council for the purpose of acting as an advisory body to the department. Specifically, the duties of the council shall include, but not be limited to:
(a) Recommending standards and credentialing requirements for health care providers rendering health services to Children’s Medical Services network participants.
(b) Making recommendations to the director of Children’s Medical Services concerning the selection of health care providers for the Children’s Medical Services network.
(c) Reviewing and making recommendations concerning network health care provider or participant disputes that are brought to the attention of the advisory council.
(d) Providing input to the Children’s Medical Services program on the policies governing the Children’s Medical Services network.
(e) Reviewing the financial reports and financial status of the network and making recommendations concerning the methods of payment and cost controls for the network.
(f) Reviewing and recommending the scope of benefits for the network.
(g) Reviewing network performance measures and outcomes and making recommendations for improvements to the network and its maintenance and collection of data and information.
(2) The council shall be composed of 12 members representing the private health care provider sector, families with children who have special health care needs, the Agency for Health Care Administration, the Chief Financial Officer, the Florida Chapter of the American Academy of Pediatrics, an academic health center pediatric program, and the health insurance industry. Members shall be appointed for 4-year, staggered terms. In no case shall an employee of the Department of Health serve as a member or as an ex officio member of the advisory council. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may not be appointed to more than two consecutive terms. However, a member may be reappointed after being off the council for at least 2 years.
(3) Members shall receive no compensation, but shall be reimbursed for per diem and travel expenses in accordance with the provisions of s. 112.061.
History.—s. 23, ch. 98-288; s. 44, ch. 99-397; s. 410, ch. 2003-261; s. 46, ch. 2008-6.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part II - Children’s Medical Services Councils and Panels (Ss. 391.221, 391.223) › 391.223 - Technical advisory panels.

391.223 Technical advisory panels.—The State Surgeon General may establish technical advisory panels to assist in developing specific policies and procedures for the Children’s Medical Services program.
History.—s. 25, ch. 98-288; s. 46, ch. 99-397; s. 47, ch. 2008-6.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part III - Early Steps Program (Ss. 391.301-391.308) › 391.301 - Early Steps Program; establishment and goals.

391.301 Early Steps Program; establishment and goals.—
(1) The Early Steps Program is established within the department to serve infants and toddlers who are at risk of developmental disabilities based on a physical or mental condition and infants and toddlers with developmental delays by providing developmental evaluation and early intervention and by providing families with training and support services in a variety of home and community settings in order to enhance family and caregiver competence, confidence, and capacity to meet their child’s developmental needs and desired outcomes.
(2) The program may include screening and referral services at all hospitals providing Level II or Level III neonatal intensive care services, in order to promptly identify newborns with disabilities or with conditions associated with risks of developmental delays so that families may gain as early as possible the services and skills they need to support their infants’ development.
(3) The program must integrate information and coordinate services with other programs serving infants and toddlers, including, but not limited to, the Healthy Start program, the newborn screening program, and the Blind Babies Program.
(4) The program must:
(a) Provide services to enhance the development of infants and toddlers with disabilities and delays.
(b) Expand the recognition by health care providers, families, and the public of the significant brain development that occurs during a child’s first 3 years of life.
(c) Maintain the importance of the family in all areas of the child’s development and support the family’s participation in early intervention services and decisions affecting the child.
(d) Operate a comprehensive, coordinated interagency system of early intervention services and supports in accordance with part C of the federal Individuals with Disabilities Education Act.
(e) Ensure timely evaluation, individual planning, and early intervention services necessary to meet the unique needs of eligible infants and toddlers.
(f) Build the service capacity and enhance the competencies of health care providers serving infants and toddlers with unique needs and abilities.
(g) Ensure programmatic and fiscal accountability through establishment of a high-capacity data system, active monitoring of performance indicators, and ongoing quality improvement.
History.—s. 12, ch. 89-379; s. 25, ch. 91-282; s. 7, ch. 94-140; s. 26, ch. 98-288; s. 51, ch. 2004-350; s. 6, ch. 2016-238.
Note.—Former s. 383.215(1), (2).
2023 Florida Statutes › Title XXIX - Public Health › Chapter 391 - Children's Medical Services › Part III - Early Steps Program (Ss. 391.301-391.308) › 391.302 - Definitions.

391.302 Definitions.—As used in ss. 391.301-391.308, the term:
(1) “Developmental delay” means a condition, identified and measured through appropriate instruments and procedures, which may delay physical, cognitive, communication, social or emotional, or adaptive development.
(2) “Developmental disability” means a condition, identified and measured through appropriate instruments and procedures, which may impair physical, cognitive, communication, social or emotional, or adaptive development.
(3) “Developmental intervention” or “early intervention” means individual and group therapies and services needed to enhance both the infant’s or toddler’s growth and development and family functioning. The term includes habilitative services and assistive technology devices, rehabilitative services and assistive technology devices, and parent support and training.
(4) “Habilitative services and devices” means health care services and assistive technology devices that help a child maintain, learn, or improve skills and functioning for daily living.
(5) “Infant or toddler” or “child” means a child from birth until the child’s third birthday.
(6) “Local program office” means an office that administers the Early Steps Program within a municipality, county, or region.
(7) “Rehabilitative services and devices” means restorative and remedial services that maintain or enhance the current level of functioning of a child if there is a possibility of improvement or reversal of impairment.
History.—s. 12, ch. 89-379; s. 7, ch. 94-140; s. 1039, ch. 95-148; s. 20, ch. 2004-350; s. 7, ch. 2016-238.
Note.—Former s. 383.215(3).
2023 Florida Statutes › Title XXIX - Public Health › Chapter 392 - Tuberculosis Control › 392.51 - Tuberculosis Control.

392.51 Tuberculosis control.—A statewide system is established to control tuberculosis infection and mitigate its effects. The system consists of mandatory contact identification, treatment to cure, hospitalization, isolation for contagious cases, and voluntary, community-oriented care and surveillance in all other cases. Tuberculosis control services shall be provided by the coordinated efforts of the respective county health departments and contracted or other private health care providers.
History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 2, ch. 94-320; s. 94, ch. 97-101; s. 81, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 392 - Tuberculosis Control › 392.52 - Definitions.

392.52 Definitions.—As used in this chapter, the term:
(1) “Active tuberculosis” means tuberculosis disease that is demonstrated to be contagious by clinical or bacteriological evidence, or by other means as determined by rule of the department. Tuberculosis disease is considered active until cured.
(2) “County health department” means an agency or entity designated as such in chapter 154.
(3) “Cure” or “treatment to cure” means the completion of a course of antituberculosis treatment.
(4) “Department” means the Department of Health.
(5) “Directly observed therapy” means treatment in which a patient ingests medications under the observation of a health care provider or other responsible party.
(6) “Threat to the public health” means a rebuttable presumption that a person has active tuberculosis and:
(a) Is not taking medications as prescribed;
(b) Is not following the recommendations of the treating physician;
(c) Is not seeking treatment for signs and symptoms compatible with tuberculosis; or
(d) Evidences a disregard for the health of the public.
(7) “Tuberculosis” means a disease caused by mycobacterium tuberculosis, mycobacterium bovis, or mycobacterium africanum.
History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 3, ch. 94-320; s. 95, ch. 97-101; s. 34, ch. 97-237.