Senate Bill sb2202
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    Florida Senate - 2002                                  SB 2202
    By Senator Sullivan
    22-1544-02                                              See HB
  1                      A bill to be entitled
  2         An act relating to the H. Lee Moffitt Cancer
  3         Center and Research Institute at the University
  4         of South Florida; amending s. 240.512, F.S.;
  5         assigning duties of the Board of Regents to the
  6         Florida Board of Education; providing for the
  7         utilization and governance of lands; revising
  8         provisions relating to corporate subsidiaries
  9         of the not-for-profit corporation; providing
10         for applicability of sovereign immunity
11         provisions; providing for the receipt of local
12         funds; revising provisions relating to
13         insurance protection; assigning duties of the
14         center director to a chief executive officer;
15         requiring approval of the University of South
16         Florida Board of Trustees for establishment of
17         academic programs; authorizing the creation and
18         support of an interdisciplinary oncology
19         program; providing for access to certain
20         research information; providing for
21         appropriations to be paid to the board of
22         directors of the not-for-profit corporation;
23         authorizing a challenge grant program for the
24         construction of facilities and the support of
25         clinical, research, and teaching programs at
26         the institute; providing for matching funds
27         from private sources with state funds for
28         approved projects; providing for the receipt,
29         holding, and disbursement of funds; providing
30         an effective date.
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Section 240.512, Florida Statutes, is
  4  amended to read:
  5         240.512  H. Lee Moffitt Cancer Center and Research
  6  Institute.--There is established the H. Lee Moffitt Cancer
  7  Center and Research Institute at the University of South
  8  Florida.
  9         (1)  The Florida Board of Education Regents shall
10  maintain enter into an agreement for the utilization of the
11  lands and facilities on the campus of the University of South
12  Florida to be known as the H. Lee Moffitt Cancer Center and
13  Research Institute, including all furnishings, equipment, and
14  other chattels used in the operation of said facilities, with
15  a Florida not-for-profit corporation organized solely for the
16  purpose of governing and operating the H. Lee Moffitt Cancer
17  Center and Research Institute.  The This not-for-profit
18  corporation, acting as an instrumentality of the State of
19  Florida, shall govern and operate the H. Lee Moffitt Cancer
20  Center and Research Institute in accordance with the terms of
21  the agreement between the Florida Board of Education Regents
22  and the not-for-profit corporation. The not-for-profit
23  corporation may, with the prior approval of the Florida Board
24  of Education Regents, create not-for-profit corporate
25  subsidiaries to fulfill its mission. The not-for-profit
26  corporation and its subsidiaries shall be corporations
27  primarily acting as instrumentalities of the state, pursuant
28  to s. 768.28(2), for purposes of sovereign immunity. The
29  not-for-profit corporation and its subsidiaries are authorized
30  to receive, hold, invest, and administer property and any
31  moneys received from private, local, state, and federal
                                  2
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  sources, as well as technical and professional income
  2  generated or derived from practice activities of the
  3  institute, for the benefit of the institute and the
  4  fulfillment of its mission. The affairs of the corporation
  5  shall be managed by a board of directors who shall serve
  6  without compensation.  The President of the University of
  7  South Florida and the chair of the Florida Board of Education
  8  Regents, or his or her designee, shall be directors of the
  9  not-for-profit corporation, together with 5 representatives of
10  the State University System and no more than 14 nor fewer than
11  10 directors who are not medical doctors or state employees.
12  Each director shall have only one vote, shall serve a term of
13  3 years, and may be reelected to the board.  Other than the
14  President of the University of South Florida and the chair of
15  the Florida Board of Education Regents, directors shall be
16  elected by a majority vote of the board. The chair of the
17  board of directors shall be selected by majority vote of the
18  directors.
19         (2)  The Florida Board of Education Regents shall
20  provide in the agreement with the not-for-profit corporation
21  for the following:
22         (a)  Approval of the articles of incorporation of the
23  not-for-profit corporation by the Florida Board of Education
24  Regents.
25         (b)  Approval of the articles of incorporation of any
26  not-for-profit corporate subsidiary created by the
27  not-for-profit corporation.
28         (c)  Utilization of lands, hospital facilities, and
29  personnel by the not-for-profit corporation and its
30  subsidiaries for research, education, treatment, prevention,
31  and the early detection of cancer and mutually approved
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  teaching and research programs conducted by the University of
  2  South Florida and or other accredited medical schools or
  3  research institutes.
  4         (d)  Preparation of an annual postaudit of the
  5  not-for-profit corporation's financial accounts and the
  6  financial accounts of any subsidiaries to be conducted by an
  7  independent certified public accountant. The annual audit
  8  report shall include management letters and shall be submitted
  9  to the Auditor General and the Florida Board of Education
10  Regents for review.  The Florida Board of Education Regents,
11  the Auditor General, and the Office of Program Policy Analysis
12  and Government Accountability shall have the authority to
13  require and receive from the not-for-profit corporation and
14  any subsidiaries or from their independent auditor any detail
15  or supplemental data relative to the operation of the
16  not-for-profit corporation or subsidiary.
17         (e)  Provision by the not-for-profit corporation and
18  its subsidiaries of equal employment opportunities to all
19  persons regardless of race, color, religion, sex, age, or
20  national origin.
21         (3)  The University of South Florida Health Sciences
22  Center self-insurance program Board of Regents is authorized
23  to secure comprehensive general liability protection,
24  including professional liability protection, for the
25  not-for-profit corporation and its subsidiaries pursuant to s.
26  240.213. The not-for-profit corporation and its subsidiaries
27  shall be exempt from participation in any property insurance
28  trust fund established by law, including any property
29  insurance trust fund established under chapter 284, so long as
30  the not-for-profit corporation and its subsidiaries maintain
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  property insurance protection with comparable or greater
  2  coverage limits.
  3         (4)  In the event that the agreement between the
  4  not-for-profit corporation and the Florida Board of Education
  5  Regents is terminated for any reason, the Florida Board of
  6  Education Regents shall assume resume governance and operation
  7  of said lands and facilities.
  8         (5)  The institute shall be administered by a chief
  9  executive officer center director who shall serve at the
10  pleasure of the board of directors of the not-for-profit
11  corporation and who shall have the following powers and duties
12  subject to the approval of the board of directors:
13         (a)  The chief executive officer center director shall
14  establish programs which fulfill the mission of the institute
15  in research, education, treatment, prevention, and the early
16  detection of cancer; however, the chief executive officer
17  center director shall not establish academic programs for
18  which academic credit is awarded and which terminate in the
19  conference of a degree without prior approval of the
20  University of South Florida Board of Trustees based on
21  criteria established by the Florida Board of Education
22  Regents.
23         (b)  The chief executive officer center director shall
24  have control over the budget and the dollars appropriated or
25  donated to the institute from private, local, state, and
26  federal sources, as well as technical and professional income
27  generated or derived from practice activities of the
28  institute.  However, professional income generated by
29  university faculty from practice activities at the institute
30  shall be shared between the institute and the university as
31  determined by the chief executive officer center director and
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  the appropriate university dean or vice president department
  2  chair.
  3         (c)  The chief executive officer center director shall
  4  appoint members to carry out the research, patient care, and
  5  educational activities of the institute and determine
  6  compensation, benefits, and terms of service.  Members of the
  7  institute shall be eligible to hold concurrent appointments at
  8  affiliated academic institutions. University faculty shall be
  9  eligible to hold concurrent appointments at the institute.
10         (d)  The chief executive officer center director shall
11  have control over the use and assignment of space and
12  equipment within the facilities.
13         (e)  The chief executive officer center director shall
14  have the power to create the administrative structure
15  necessary to carry out the mission of the institute.
16         (f)  The chief executive officer center director shall
17  have a reporting relationship to the Chancellor of Colleges
18  and Universities the State University System.
19         (g)  The chief executive officer center director shall
20  provide a copy of the institute's annual report to the
21  Governor and Cabinet, the President of the Senate, the Speaker
22  of the House of Representatives, and the chair of the Florida
23  Board of Education Regents.
24         (6)  The not-for-profit corporation and its
25  subsidiaries shall have the authority to enter into an
26  affiliation agreement or agreements with the University of
27  South Florida for the creation and support of an
28  interdisciplinary oncology program. The affiliation may
29  include joint financial and administrative support of the
30  clinical, research, and educational activities of university
31  faculty, as well as the sharing of revenues from those
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  activities by the institute and the university in furtherance
  2  of the mission of the institute.
  3         (7)(6)  The board of directors of the not-for-profit
  4  corporation shall create a council of scientific advisers to
  5  the chief executive officer center director comprised of
  6  leading researchers, physicians, and scientists.  This council
  7  shall review programs and recommend research priorities and
  8  initiatives so as to maximize the state's investment in the
  9  institute.  The council shall be appointed by the board of
10  directors of the not-for-profit corporation and shall include
11  five appointees of the Board of Regents.  Each member of the
12  council shall be appointed to serve a 2-year term and may be
13  reappointed to the council.
14         (8)(7)  In carrying out the provisions of this section,
15  the not-for-profit corporation and its subsidiaries are not
16  "agencies" within the meaning of s. 20.03(11).
17         (9)(8)(a)  Records of the not-for-profit corporation
18  and of its subsidiaries are public records unless made
19  confidential or exempt by law.
20         (b)  Proprietary confidential business information is
21  confidential and exempt from the provisions of s. 119.07(1)
22  and s. 24(a), Art. I of the State Constitution.  However, the
23  Auditor General, the Office of Program Policy Analysis and
24  Government Accountability, and Florida Board of Education
25  Regents, pursuant to their oversight and auditing functions,
26  must be given access to all proprietary confidential business
27  information upon request and without subpoena and must
28  maintain the confidentiality of information so received. As
29  used in this paragraph, the term "proprietary confidential
30  business information" means information, regardless of its
31  form or characteristics, which is owned or controlled by the
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  not-for-profit corporation or its subsidiaries; is intended to
  2  be and is treated by the not-for-profit corporation or its
  3  subsidiaries as private and the disclosure of which would harm
  4  the business operations of the not-for-profit corporation or
  5  its subsidiaries; has not been intentionally disclosed by the
  6  corporation or its subsidiaries unless pursuant to law, an
  7  order of a court or administrative body, a legislative
  8  proceeding pursuant to s. 5, Art. III of the State
  9  Constitution, or a private agreement that provides that the
10  information may be released to the public; and which is
11  information concerning:
12         1.  Internal auditing controls and reports of internal
13  auditors;
14         2.  Matters reasonably encompassed in privileged
15  attorney-client communications;
16         3.  Contracts for managed-care arrangements, including
17  preferred provider organization contracts, health maintenance
18  organization contracts, and exclusive provider organization
19  contracts, and any documents directly relating to the
20  negotiation, performance, and implementation of any such
21  contracts for managed-care arrangements;
22         4.  Bids or other contractual data, banking records,
23  and credit agreements the disclosure of which would impair the
24  efforts of the not-for-profit corporation or its subsidiaries
25  to contract for goods or services on favorable terms;
26         5.  Information relating to private contractual data,
27  the disclosure of which would impair the competitive interest
28  of the provider of the information;
29         6.  Corporate officer and employee personnel
30  information;
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1         7.  Information relating to the proceedings and records
  2  of credentialing panels and committees and of the governing
  3  board of the not-for-profit corporation or its subsidiaries
  4  relating to credentialing;
  5         8.  Minutes of meetings of the governing board of the
  6  not-for-profit corporation and its subsidiaries, except
  7  minutes of meetings open to the public pursuant to subsection
  8  (10)(9);
  9         9.  Information that reveals plans for marketing
10  services that the corporation or its subsidiaries reasonably
11  expect to be provided by competitors;
12         10.  Trade secrets as defined in s. 688.002, including
13  reimbursement methodologies or rates and other materials and
14  information exempted in s. 240.241(2); or
15         11.  The identity of donors or prospective donors of
16  property who wish to remain anonymous or any information
17  identifying such donors or prospective donors.  The anonymity
18  of these donors or prospective donors must be maintained in
19  the auditor's report.
20
21  As used in this paragraph, the term "managed care" means
22  systems or techniques generally used by third-party payors or
23  their agents to affect access to and control payment for
24  health care services. Managed-care techniques most often
25  include one or more of the following:  prior, concurrent, and
26  retrospective review of the medical necessity and
27  appropriateness of services or site of services; contracts
28  with selected health care providers; financial incentives or
29  disincentives related to the use of specific providers,
30  services, or service sites; controlled access to and
31  coordination of services by a case manager; and payor efforts
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  to identify treatment alternatives and modify benefit
  2  restrictions for high-cost patient care.
  3         (10)(9)  Meetings of the governing board of the
  4  not-for-profit corporation and meetings of the subsidiaries of
  5  the not-for-profit corporation at which the expenditure of
  6  dollars appropriated to the not-for-profit corporation by the
  7  state are discussed or reported must remain open to the public
  8  in accordance with s. 286.011 and s. 24(b), Art. I of the
  9  State Constitution, unless made confidential or exempt by law.
10  Other meetings of the governing board of the not-for-profit
11  corporation and of the subsidiaries of the not-for-profit
12  corporation are exempt from s. 286.011 and s. 24(b), Art. I of
13  the State Constitution.
14         (11)  In addition to the continuing appropriation to
15  the institute pursuant to s. 210.20(2), any appropriation to
16  the institute in the annual General Appropriations Act shall
17  be paid directly to the board of directors of the
18  not-for-profit corporation by warrant drawn by the Comptroller
19  upon the State Treasury, and shall not be subject to ss.
20  216.052(7) and 216.301 pursuant to s. 216.351.
21         (12)(a)  The Legislature recognizes that to strengthen
22  and enhance the institute, it is necessary to provide
23  facilities and support for clinical, teaching, and research
24  programs in addition to those currently available from
25  existing revenue sources. It further recognizes that there are
26  sources of private support that, if matched with state
27  support, can assist in constructing much-needed facilities,
28  support clinical, teaching, and research programs, and
29  strengthen the commitment of citizens and organizations in
30  promoting the clinical, teaching, and research missions of the
31  institute. Therefore, it is the intent of the Legislature to
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  establish the H. Lee Moffitt Cancer Center and Research
  2  Institute Challenge Grant Program and to authorize the
  3  not-for-profit corporation and its subsidiaries to solicit
  4  gifts from private sources to be deposited into a challenge
  5  grant account of the university foundation pursuant to ss.
  6  240.2601 and 240.2605 for the construction of facilities and
  7  the support of clinical, research, and teaching programs at
  8  the institute. Such activities are referred to collectively in
  9  this subsection as projects. The not-for-profit corporation,
10  or its designated subsidiary, shall solicit gifts from private
11  sources to provide matching funds for eligible projects. For
12  the purposes of this subsection, private sources of funds
13  shall not include any federal, state, or local government
14  funds.
15         (b)  Prior to solicitation of gifts for a project to be
16  funded through the H. Lee Moffitt Cancer Center and Research
17  Institute Challenge Grant Program, a project must be approved
18  by the Council of Scientific Advisors. For a project to be
19  eligible for funding through the H. Lee Moffitt Cancer Center
20  and Research Institute Challenge Grant Program, the
21  not-for-profit corporation, or its designated subsidiary,
22  shall raise a contribution equal to one-half of the total cost
23  of a project from private sources which shall be matched by a
24  state appropriation equal to the amount raised for a project,
25  subject to the annual General Appropriations Act.
26         (c)  By September 1 of each year, the Council of
27  Scientific Advisors may approve a list of projects that meet
28  all the eligibility requirements for participation in the H.
29  Lee Moffitt Cancer Center and Research Institute Challenge
30  Grant Program, and the board of directors of the
31  not-for-profit corporation may transmit the approved list to
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1  the Legislature with a budget request that includes the
  2  recommended schedule necessary to complete each project.
  3         (d)  The not-for-profit corporation, or its designated
  4  subsidiary, shall transfer to the university foundation
  5  challenge grant account private gifts for projects approved
  6  for funding. The university foundation shall also receive and
  7  hold any appropriated state matching funds. Interest income
  8  accruing in the university foundation shall increase the total
  9  funds available for the approved projects. The challenge grant
10  account shall not be subject to ss. 216.052(7) and 216.301
11  pursuant to s. 216.351.
12         (e)  After receiving the state matching funds for a
13  project, the university foundation shall disburse both the
14  private contributions and the state matching funds to the
15  board of directors of the not-for-profit corporation for the
16  benefit of the project.
17         (f)  If the state's share of the required match is
18  insufficient to meet the requirements of the approved project,
19  the not-for-profit corporation, or its designated subsidiary,
20  may renegotiate the terms of the contributions with the
21  donors.
22         (g)  Nothing in this subsection shall be interpreted to
23  prevent the Legislature from providing matching funds for
24  gifts pursuant to ss. 240.2601 and 240.2605 for the
25  construction of facilities and the support of research and
26  teaching programs at the H. Lee Moffitt Cancer Center and
27  Research Institute or the University of South Florida.
28         Section 2.  This act shall take effect July 1, 2002.
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    Florida Senate - 2002                                  SB 2202
    22-1544-02                                              See HB
  1            *****************************************
  2                          HOUSE SUMMARY
  3
      With respect to the H. Lee Moffitt Cancer Center and
  4    Research Institute at the University of South Florida:
      assigns duties of the Board of Regents to the Florida
  5    Board of Education; provides for the utilization and
      governance of lands; revises provisions relating to
  6    corporate subsidiaries of the not-for-profit corporation;
      provides for applicability of sovereign immunity
  7    provisions; provides for the receipt of local funds;
      revises provisions relating to insurance protection;
  8    assigns duties of the center director to a chief
      executive officer; requires approval of the University of
  9    South Florida Board of Trustees for establishment of
      academic programs; authorizes the creation and support of
10    an interdisciplinary oncology program; provides for
      access to certain research information; provides for
11    appropriations to be paid to the board of directors of
      the not-for-profit corporation; and authorizes a
12    challenge grant program for the construction of
      facilities and the support of clinical, research, and
13    teaching programs at the institute.
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