HB 0751 2003
1	A bill to be entitled
2	An act relating to the H. Lee Moffitt Cancer Center and
3	Research Institute; amending s. 1004.43, F.S.; authorizing
4	the establishment of for-profit subsidiaries of the
5	governing corporation; providing that the contract with
6	the State Board of Education shall permit the use of lands
7	and facilities for research, education, treatment,
8	prevention, and early detection of cancer; authorizing the
9	governing corporation and its subsidiaries to obtain their
10	own property insurance coverage; providing that certain
11	appropriations shall be paid directly to the board of
12	directors of the governing corporation; changing the
13	appointing authority for certain members of the council of
14	scientific advisors; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 1004.43, Florida Statutes, is amended
19	to read:
20	1004.43 H. Lee Moffitt Cancer Center and Research
21	Institute.--There is established the H. Lee Moffitt Cancer
22	Center and Research Institute at the University of South
23	Florida.
24	(1) The State Board of Education shall enter into an
25	agreement for the utilization of the facilities on the campus of
26	the University of South Florida to be known as the H. Lee
27	Moffitt Cancer Center and Research Institute, including all
28	furnishings, equipment, and other chattels used in the operation
29	of said facilities, with a Florida not-for-profit corporation
30	organized solely for the purpose of governing and operating the
31	H. Lee Moffitt Cancer Center and Research Institute. This not-
32	for-profit corporation, acting as an instrumentality of the
33	State of Florida, shall govern and operate the H. Lee Moffitt
34	Cancer Center and Research Institute in accordance with the
35	terms of the agreement between the State Board of Education and
36	the not-for-profit corporation. The not-for-profit corporation
37	may, with the prior approval of the State Board of Education,
38	create not-for-profitcorporate subsidiaries to fulfill its
39	mission. The not-for-profit corporation and its subsidiaries are
40	authorized to receive, hold, invest, and administer property and
41	any moneys received from private, local, state, and federal
42	sources, as well as technical and professional income generated
43	or derived from practice activities of the institute, for the
44	benefit of the institute and the fulfillment of its mission. The
45	affairs of the corporation shall be managed by a board of
46	directors who shall serve without compensation. The President of
47	the University of South Florida and the chair of the State Board
48	of Education, or his or her designee, shall be directors of the
49	not-for-profit corporation, together with 5 representatives of
50	the state universities and no more than 14 nor fewer than 10
51	directors who are not medical doctors or state employees. Each
52	director shall have only one vote, shall serve a term of 3
53	years, and may be reelected to the board. Other than the
54	President of the University of South Florida and the chair of
55	the State Board of Education, directors shall be elected by a
56	majority vote of the board. The chair of the board of directors
57	shall be selected by majority vote of the directors.
58	(2) The State Board of Education shall provide in the
59	agreement with the not-for-profit corporation for the following:
60	(a) Approval of the articles of incorporation of the not-
61	for-profit corporation by the State Board of Education.
62	(b) Approval of the articles of incorporation of any not-
63	for-profit corporate subsidiary created by the not-for-profit
64	corporation.
65	(c) Utilization of lands,hospital facilities,and
66	personnel by the not-for-profit corporation and its subsidiaries
67	for research, education, treatment, prevention, and the early
68	detection of cancer andfor mutually approved teaching and
69	research programs conducted by the University of South Florida
70	or other accredited medical schools or research institutes.
71	(d) Preparation of an annual financial audit of the not-
72	for-profit corporation's accounts and records and the accounts
73	and records of any subsidiaries to be conducted by an
74	independent certified public accountant. The annual audit report
75	shall include a management letter, as defined in s. 11.45, and
76	shall be submitted to the Auditor General and the State Board of
77	Education. The State Board of Education, the Auditor General,
78	and the Office of Program Policy Analysis and Government
79	Accountability shall have the authority to require and receive
80	from the not-for-profit corporation and any subsidiaries or from
81	their independent auditor any detail or supplemental data
82	relative to the operation of the not-for-profit corporation or
83	subsidiary.
84	(e) Provision by the not-for-profit corporation and its
85	subsidiaries of equal employment opportunities to all persons
86	regardless of race, color, religion, sex, age, or national
87	origin.
88	(3) The State Board of Education is authorized to secure
89	comprehensive general liability protection, including
90	professional liability protection, for the not-for-profit
91	corporation and its subsidiaries pursuant to s. 1004.24. The
92	not- for-profit corporation and its subsidiaries shall be exempt
93	from any participation in any property insurance trust fund
94	established by law, including any property insurance trust fund
95	established pursuant to chapter 284, so long as the not-for-
96	profit corporation and its subsidiaries maintain property
97	insurance protection with comparable or greater coverage limits.
98	(4) In the event that the agreement between the not-for-
99	profit corporation and the State Board of Education is
100	terminated for any reason, the State Board of Education shall
101	resume governance and operation of said facilities.
102	(5) The institute shall be administered by a chief
103	executive officer who shall serve at the pleasure of the board
104	of directors of the not-for-profit corporation and who shall
105	have the following powers and duties subject to the approval of
106	the board of directors:
107	(a) The chief executive officer shall establish programs
108	which fulfill the mission of the institute in research,
109	education, treatment, prevention, and the early detection of
110	cancer; however, the chief executive officer shall not establish
111	academic programs for which academic credit is awarded and which
112	terminate in the conference of a degree without prior approval
113	of the State Board of Education.
114	(b) The chief executive officer shall have control over
115	the budget and the dollars appropriated or donated to the
116	institute from private, local, state, and federal sources, as
117	well as technical and professional income generated or derived
118	from practice activities of the institute. However, professional
119	income generated by university faculty from practice activities
120	at the institute shall be shared between the institute and the
121	university as determined by the chief executive officer and the
122	appropriate university dean or vice president.
123	(c) The chief executive officer shall appoint members to
124	carry out the research, patient care, and educational activities
125	of the institute and determine compensation, benefits, and terms
126	of service. Members of the institute shall be eligible to hold
127	concurrent appointments at affiliated academic institutions.
128	University faculty shall be eligible to hold concurrent
129	appointments at the institute.
130	(d) The chief executive officer shall have control over
131	the use and assignment of space and equipment within the
132	facilities.
133	(e) The chief executive officer shall have the power to
134	create the administrative structure necessary to carry out the
135	mission of the institute.
136	(f) The chief executive officer shall have a reporting
137	relationship to the Commissioner of Education.
138	(g) The chief executive officer shall provide a copy of
139	the institute's annual report to the Governor and Cabinet, the
140	President of the Senate, the Speaker of the House of
141	Representatives, and the chair of the State Board of Education.
142	(6) The board of directors of the not-for-profit
143	corporation shall create a council of scientific advisers to the
144	chief executive officer comprised of leading researchers,
145	physicians, and scientists. This council shall review programs
146	and recommend research priorities and initiatives so as to
147	maximize the state's investment in the institute. The council
148	shall be appointed by the board of directors of the not-for-
149	profit corporation, five of whom shall be approved byand shall
150	include five appointees ofthe State Board of Education. Each
151	member of the council shall be appointed to serve a 2-year term
152	and may be reappointed to the council.
153	(7) In carrying out the provisions of this section, the
154	not-for-profit corporation and its subsidiaries are not
155	"agencies" within the meaning of s. 20.03(11).
156	(8)(a) Records of the not-for-profit corporation and of
157	its subsidiaries are public records unless made confidential or
158	exempt by law.
159	(b) Proprietary confidential business information is
160	confidential and exempt from the provisions of s. 119.07(1) and
161	s. 24(a), Art. I of the State Constitution. However, the Auditor
162	General, the Office of Program Policy Analysis and Government
163	Accountability, and the State Board of Education, pursuant to
164	their oversight and auditing functions, must be given access to
165	all proprietary confidential business information upon request
166	and without subpoena and must maintain the confidentiality of
167	information so received. As used in this paragraph, the term
168	"proprietary confidential business information" means
169	information, regardless of its form or characteristics, which is
170	owned or controlled by the not-for-profit corporation or its
171	subsidiaries; is intended to be and is treated by the not-for-
172	profit corporation or its subsidiaries as private and the
173	disclosure of which would harm the business operations of the
174	not-for-profit corporation or its subsidiaries; has not been
175	intentionally disclosed by the corporation or its subsidiaries
176	unless pursuant to law, an order of a court or administrative
177	body, a legislative proceeding pursuant to s. 5, Art. III of the
178	State Constitution, or a private agreement that provides that
179	the information may be released to the public; and which is
180	information concerning:
181	1. Internal auditing controls and reports of internal
182	auditors;
183	2. Matters reasonably encompassed in privileged attorney-
184	client communications;
185	3. Contracts for managed-care arrangements, including
186	preferred provider organization contracts, health maintenance
187	organization contracts, and exclusive provider organization
188	contracts, and any documents directly relating to the
189	negotiation, performance, and implementation of any such
190	contracts for managed-care arrangements;
191	4. Bids or other contractual data, banking records, and
192	credit agreements the disclosure of which would impair the
193	efforts of the not-for-profit corporation or its subsidiaries to
194	contract for goods or services on favorable terms;
195	5. Information relating to private contractual data, the
196	disclosure of which would impair the competitive interest of the
197	provider of the information;
198	6. Corporate officer and employee personnel information;
199	7. Information relating to the proceedings and records of
200	credentialing panels and committees and of the governing board
201	of the not-for-profit corporation or its subsidiaries relating
202	to credentialing;
203	8. Minutes of meetings of the governing board of the not-
204	for-profit corporation and its subsidiaries, except minutes of
205	meetings open to the public pursuant to subsection (9);
206	9. Information that reveals plans for marketing services
207	that the corporation or its subsidiaries reasonably expect to be
208	provided by competitors;
209	10. Trade secrets as defined in s. 688.002, including
210	reimbursement methodologies or rates; or
211	11. The identity of donors or prospective donors of
212	property who wish to remain anonymous or any information
213	identifying such donors or prospective donors. The anonymity of
214	these donors or prospective donors must be maintained in the
215	auditor's report.
216
217	As used in this paragraph, the term "managed care" means systems
218	or techniques generally used by third-party payors or their
219	agents to affect access to and control payment for health care
220	services. Managed-care techniques most often include one or more
221	of the following: prior, concurrent, and retrospective review of
222	the medical necessity and appropriateness of services or site of
223	services; contracts with selected health care providers;
224	financial incentives or disincentives related to the use of
225	specific providers, services, or service sites; controlled
226	access to and coordination of services by a case manager; and
227	payor efforts to identify treatment alternatives and modify
228	benefit restrictions for high-cost patient care.
229	(9) Meetings of the governing board of the not-for-profit
230	corporation and meetings of the subsidiaries of the not-for-
231	profit corporation at which the expenditure of dollars
232	appropriated to the not-for-profit corporation by the state are
233	discussed or reported must remain open to the public in
234	accordance with s. 286.011 and s. 24(b), Art. I of the State
235	Constitution, unless made confidential or exempt by law. Other
236	meetings of the governing board of the not-for-profit
237	corporation and of the subsidiaries of the not-for-profit
238	corporation are exempt from s. 286.011 and s. 24(b), Art. I of
239	the State Constitution.
240	(10) In addition to the continuing appropriation to the
241	institute provided in s. 210.20(2), any appropriation to the
242	institute provided in a general appropriations act shall be paid
243	directly to the board of directors of the not-for-profit
244	corporation by warrant drawn by the Chief Financial Officer from
245	the State Treasury.
246	Section 2. This act shall take effect upon becoming a law.