| 1 | A bill to be entitled | 
| 2 | An act relating to health care initiatives; creating s.  | 
| 3 | 460.4062, F.S.; authorizing the Department of Health to  | 
| 4 | issue a chiropractic medicine faculty certificate for  | 
| 5 | certain faculty who have accepted appointment at a  | 
| 6 | publicly funded state university or college; authorizing  | 
| 7 | an application fee; providing requirements; providing for  | 
| 8 | renewal and expiration of the certificate; creating s.  | 
| 9 | 1004.383, F.S.; authorizing a chiropractic medicine degree  | 
| 10 | program at Florida State University; amending s. 561.121,  | 
| 11 | F.S.; providing for annual appropriations from the  | 
| 12 | proceeds of the excise tax on alcoholic beverages;  | 
| 13 | providing for distribution of the funds to the Department  | 
| 14 | of Elderly Affairs, the Department of Health, and Florida  | 
| 15 | State University for specified research and programs;  | 
| 16 | amending s. 1004.43, F.S.; authorizing the establishment  | 
| 17 | of for-profit subsidiaries of the governing corporation of  | 
| 18 | the H. Lee Moffitt Cancer Center and Research Institute;  | 
| 19 | prohibiting certain activities by such for-profit  | 
| 20 | subsidiaries; requiring that the contract with the State  | 
| 21 | Board of Education permit the use of lands, facilities,  | 
| 22 | and personnel for research, education, treatment,  | 
| 23 | prevention, and early detection of cancer; authorizing the  | 
| 24 | governing corporation and its subsidiaries to obtain their  | 
| 25 | own property insurance coverage; requiring that certain  | 
| 26 | appropriations be paid directly to the board of directors  | 
| 27 | of the governing corporation; changing the appointing  | 
| 28 | authority for certain members of the council of scientific  | 
| 29 | advisers; amending s. 1004.445, F.S.; renaming the Florida  | 
| 30 | Alzheimer's Center and Research Institute as the Johnnie  | 
| 31 | B. Byrd, Sr., Alzheimer's Center and Research Institute;  | 
| 32 | deleting obsolete provisions; authorizing the  | 
| 33 | establishment of for-profit subsidiaries of the governing  | 
| 34 | corporation; requiring that the contract with the State  | 
| 35 | Board of Education permit the use of lands, facilities,  | 
| 36 | and personnel for research, education, treatment,  | 
| 37 | prevention, and early detection of Alzheimer's disease;  | 
| 38 | authorizing the governing corporation and its subsidiaries  | 
| 39 | to obtain their own property insurance coverage; requiring  | 
| 40 | that certain appropriations be paid directly to the board  | 
| 41 | of directors of the governing corporation; changing the  | 
| 42 | appointing authority for certain members of the council of  | 
| 43 | scientific advisers; creating the Florida Center for  | 
| 44 | Universal Research to Eradicate Disease within the  | 
| 45 | Department of Health; providing legislative findings and  | 
| 46 | intent; specifying the purpose and duties of the center;  | 
| 47 | requiring an annual report to the Governor and  | 
| 48 | Legislature; authorizing the department to outsource the  | 
| 49 | duties of the center; creating an advisory council;  | 
| 50 | amending s. 215.5602, F.S.; expanding the long-term goals  | 
| 51 | of the James and Esther King Biomedical Research Program  | 
| 52 | to include the cure of specified diseases; providing  | 
| 53 | funding priority; amending s. 215.5601, F.S., relating to  | 
| 54 | the Lawton Chiles Endowment Fund, to conform an intent  | 
| 55 | provision; designating the Life Sciences Building at  | 
| 56 | Florida State University as the "James E. 'Jim' King, Jr.,  | 
| 57 | Building"; authorizing Florida State University to erect  | 
| 58 | markers; creating the Florida Cancer Research Cooperative,  | 
| 59 | Inc.; providing for a board of directors; requiring annual  | 
| 60 | reports; specifying the cooperative's mission and duties;  | 
| 61 | creating the Florida Public Health Foundation, Inc.;  | 
| 62 | providing for the foundation's duties and mission;  | 
| 63 | providing for its board of directors; requiring annual  | 
| 64 | reports; requiring the foundation to coordinate monthly  | 
| 65 | health awareness campaigns to disseminate information  | 
| 66 | about specified diseases and conditions; establishing the  | 
| 67 | Prostate Cancer Awareness Program within the Department of  | 
| 68 | Health for the purpose of providing statewide outreach and  | 
| 69 | education concerning the early detection of prostate  | 
| 70 | cancer; authorizing the department and the Florida Public  | 
| 71 | Health Foundation, Inc., to enter into contracts and seek  | 
| 72 | grant moneys; creating an advisory committee to assist the  | 
| 73 | program; providing for membership of the committee;  | 
| 74 | authorizing reimbursement for certain per diem and travel  | 
| 75 | expenses; creating the Cervical Cancer Elimination Task  | 
| 76 | Force; providing duties and membership of the task force;  | 
| 77 | requiring the task force to make periodic reports to the  | 
| 78 | Governor and the Legislature; providing for the task force  | 
| 79 | to be dissolved on a specified date; providing an  | 
| 80 | effective date. | 
| 81 | 
  | 
| 82 | Be It Enacted by the Legislature of the State of Florida: | 
| 83 | 
  | 
| 84 |      Section 1.  Section 460.4062, Florida Statutes, is created  | 
| 85 | to read: | 
| 86 |      460.4062  Chiropractic medicine faculty certificate.-- | 
| 87 |      (1)  The department may issue a chiropractic medicine  | 
| 88 | faculty certificate without examination to an individual who  | 
| 89 | remits a nonrefundable application fee, not to exceed $100 as  | 
| 90 | determined by rule of the board, and who demonstrates to the  | 
| 91 | board that he or she meets the following requirements: | 
| 92 |      (a)  Is a graduate of an accredited school or college of  | 
| 93 | chiropractic accredited by the Council on Chiropractic  | 
| 94 | Education. | 
| 95 |      (b)  Holds a valid current license to practice chiropractic  | 
| 96 | medicine in another jurisdiction in the United States. | 
| 97 |      (c)  Is at least 21 years of age and of good moral  | 
| 98 | character. | 
| 99 |      (d)  Has not committed any act or offense in any  | 
| 100 | jurisdiction which would constitute the basis for discipline  | 
| 101 | under this chapter or chapter 456. | 
| 102 |      (e)  Has been offered and has accepted a full-time faculty  | 
| 103 | appointment to teach in a program of chiropractic medicine at a  | 
| 104 | publicly funded state university or college and provides a  | 
| 105 | certification from the dean of the appointing college  | 
| 106 | acknowledging the appointment. | 
| 107 |      (2)  The certificate shall authorize the holder to practice  | 
| 108 | only in conjunction with his or her faculty position at a  | 
| 109 | publicly funded state university or college and its affiliated  | 
| 110 | clinics that are registered with the board as sites at which  | 
| 111 | holders of chiropractic medicine faculty certificates will be  | 
| 112 | practicing. Such certificate shall automatically expire upon  | 
| 113 | termination of the holder's relationship with the school or  | 
| 114 | after a period of 2 years, whichever occurs first. | 
| 115 |      (3)  The holder of a faculty certificate may engage in the  | 
| 116 | practice of chiropractic medicine as permitted by this section. | 
| 117 |      (4)  Notwithstanding subsection (2), a chiropractic  | 
| 118 | medicine faculty certificate is renewable every 2 years by a  | 
| 119 | holder who applies to the board on a form prescribed by the  | 
| 120 | board and who continues to satisfy the requirements set forth in  | 
| 121 | subsection (1). | 
| 122 |      Section 2.  Section 1004.383, Florida Statutes, is created  | 
| 123 | to read: | 
| 124 |      1004.383  Chiropractic medicine degree program at Florida  | 
| 125 | State University.--A chiropractic medicine degree program is  | 
| 126 | authorized at Florida State University. | 
| 127 |      Section 3.  Paragraph (a) of subsection (1) of section  | 
| 128 | 561.121, Florida Statutes, is amended to read: | 
| 129 |      561.121  Deposit of revenue.-- | 
| 130 |      (1)  All state funds collected pursuant to ss. 563.05,  | 
| 131 | 564.06, and 565.12 shall be paid into the State Treasury and  | 
| 132 | disbursed in the following manner: | 
| 133 |      (a)1.  Two percent of monthly collections of the excise  | 
| 134 | taxes on alcoholic beverages established in ss. 563.05, 564.06,  | 
| 135 | and 565.12 shall be deposited into the Alcoholic Beverage and  | 
| 136 | Tobacco Trust Fund to meet the division's appropriation for the  | 
| 137 | state fiscal year. | 
| 138 |      2.  Beginning July 1, 2004, there is annually distributed  | 
| 139 | and appropriated $15 million to the Grants and Donations Trust  | 
| 140 | Fund within the Department of Elderly Affairs to support a  | 
| 141 | contract with the Johnnie B. Byrd, Sr., Alzheimer's Center and  | 
| 142 | Research Institute at the University of South Florida for the  | 
| 143 | purposes of conducting research, developing and operating  | 
| 144 | integrated data projects, and providing assistance to memory  | 
| 145 | disorder clinics as established in s. 430.502. | 
| 146 |      3.  Beginning July 1, 2004, there is annually appropriated  | 
| 147 | $6 million to be paid by warrant drawn by the Chief Financial  | 
| 148 | Officer upon the State Treasury to the James and Esther King  | 
| 149 | Biomedical Research Program within the Department of Health.  | 
| 150 | From these funds, up to $250,000 shall be available annually for  | 
| 151 | the operating costs of the Florida Center for Universal Research  | 
| 152 | to Eradicate Disease. | 
| 153 |      4.  Beginning July 1, 2004, there is annually appropriated  | 
| 154 | $9 million to be paid by warrant drawn by the Chief Financial  | 
| 155 | Officer upon the State Treasury to Florida State University for  | 
| 156 | the School of Chiropractic Medicine. Notwithstanding the  | 
| 157 | provisions of chapter 216, until the School of Chiropractic  | 
| 158 | Medicine is completely staffed and fully operational, these  | 
| 159 | funds may be used for any purpose by the university. | 
| 160 |      Section 4.  Section 1004.43, Florida Statutes, is amended  | 
| 161 | to read: | 
| 162 |      1004.43  H. Lee Moffitt Cancer Center and Research  | 
| 163 | Institute.--There is established the H. Lee Moffitt Cancer  | 
| 164 | Center and Research Institute at the University of South  | 
| 165 | Florida. | 
| 166 |      (1)  The State Board of Education shall enter into an  | 
| 167 | agreement for the utilization of the facilities on the campus of  | 
| 168 | the University of South Florida to be known as the H. Lee  | 
| 169 | Moffitt Cancer Center and Research Institute, including all  | 
| 170 | furnishings, equipment, and other chattels used in the operation  | 
| 171 | of said facilities, with a Florida not-for-profit corporation  | 
| 172 | organized solely for the purpose of governing and operating the  | 
| 173 | H. Lee Moffitt Cancer Center and Research Institute. This not- | 
| 174 | for-profit corporation, acting as an instrumentality of the  | 
| 175 | State of Florida, shall govern and operate the H. Lee Moffitt  | 
| 176 | Cancer Center and Research Institute in accordance with the  | 
| 177 | terms of the agreement between the State Board of Education and  | 
| 178 | the not-for-profit corporation. The not-for-profit corporation  | 
| 179 | may, with the prior approval of the State Board of Education,  | 
| 180 | create either for-profit or not-for-profit corporate  | 
| 181 | subsidiaries, or both, to fulfill its mission. For-profit  | 
| 182 | subsidiaries of the not-for-profit corporation may not compete  | 
| 183 | with for-profit health care providers in the delivery of  | 
| 184 | radiation therapy services to patients. The not-for-profit  | 
| 185 | corporation and its subsidiaries are authorized to receive,  | 
| 186 | hold, invest, and administer property and any moneys received  | 
| 187 | from private, local, state, and federal sources, as well as  | 
| 188 | technical and professional income generated or derived from  | 
| 189 | practice activities of the institute, for the benefit of the  | 
| 190 | institute and the fulfillment of its mission. The affairs of the  | 
| 191 | corporation shall be managed by a board of directors who shall  | 
| 192 | serve without compensation. The President of the University of  | 
| 193 | South Florida and the chair of the State Board of Education, or  | 
| 194 | his or her designee, shall be directors of the not-for-profit  | 
| 195 | corporation, together with 5 representatives of the state  | 
| 196 | universities and no more than 14 nor fewer than 10 directors who  | 
| 197 | are not medical doctors or state employees. Each director shall  | 
| 198 | have only one vote, shall serve a term of 3 years, and may be  | 
| 199 | reelected to the board. Other than the President of the  | 
| 200 | University of South Florida and the chair of the State Board of  | 
| 201 | Education, directors shall be elected by a majority vote of the  | 
| 202 | board. The chair of the board of directors shall be selected by  | 
| 203 | majority vote of the directors. | 
| 204 |      (2)  The State Board of Education shall provide in the  | 
| 205 | agreement with the not-for-profit corporation for the following: | 
| 206 |      (a)  Approval of the articles of incorporation of the not- | 
| 207 | for-profit corporation by the State Board of Education. | 
| 208 |      (b)  Approval of the articles of incorporation of any not- | 
| 209 | for-profit corporate subsidiary created by the not-for-profit  | 
| 210 | corporation. | 
| 211 |      (c)  Utilization of lands, hospital facilities, and  | 
| 212 | personnel by the not-for-profit corporation and its subsidiaries  | 
| 213 | for research, education, treatment, prevention, and the early  | 
| 214 | detection of cancer and for mutually approved teaching and  | 
| 215 | research programs conducted by the University of South Florida  | 
| 216 | or other accredited medical schools or research institutes. | 
| 217 |      (d)  Preparation of an annual financial audit of the not- | 
| 218 | for-profit corporation's accounts and records and the accounts  | 
| 219 | and records of any subsidiaries to be conducted by an  | 
| 220 | independent certified public accountant. The annual audit report  | 
| 221 | shall include a management letter, as defined in s. 11.45, and  | 
| 222 | shall be submitted to the Auditor General and the State Board of  | 
| 223 | Education. The State Board of Education, the Auditor General,  | 
| 224 | and the Office of Program Policy Analysis and Government  | 
| 225 | Accountability shall have the authority to require and receive  | 
| 226 | from the not-for-profit corporation and any subsidiaries or from  | 
| 227 | their independent auditor any detail or supplemental data  | 
| 228 | relative to the operation of the not-for-profit corporation or  | 
| 229 | subsidiary. | 
| 230 |      (e)  Provision by the not-for-profit corporation and its  | 
| 231 | subsidiaries of equal employment opportunities to all persons  | 
| 232 | regardless of race, color, religion, sex, age, or national  | 
| 233 | origin. | 
| 234 |      (3)  The State Board of Education is authorized to secure  | 
| 235 | comprehensive general liability protection, including  | 
| 236 | professional liability protection, for the not-for-profit  | 
| 237 | corporation and its subsidiaries pursuant to s. 1004.24. The  | 
| 238 | not-for-profit corporation and its subsidiaries shall be exempt  | 
| 239 | from any participation in any property insurance trust fund  | 
| 240 | established by law, including any property insurance trust fund  | 
| 241 | established pursuant to chapter 284, so long as the not-for- | 
| 242 | profit corporation and its subsidiaries maintain property  | 
| 243 | insurance protection with comparable or greater coverage limits. | 
| 244 |      (4)  In the event that the agreement between the not-for- | 
| 245 | profit corporation and the State Board of Education is  | 
| 246 | terminated for any reason, the State Board of Education shall  | 
| 247 | resume governance and operation of said facilities. | 
| 248 |      (5)  The institute shall be administered by a chief  | 
| 249 | executive officer who shall serve at the pleasure of the board  | 
| 250 | of directors of the not-for-profit corporation and who shall  | 
| 251 | have the following powers and duties subject to the approval of  | 
| 252 | the board of directors: | 
| 253 |      (a)  The chief executive officer shall establish programs  | 
| 254 | which fulfill the mission of the institute in research,  | 
| 255 | education, treatment, prevention, and the early detection of  | 
| 256 | cancer; however, the chief executive officer shall not establish  | 
| 257 | academic programs for which academic credit is awarded and which  | 
| 258 | terminate in the conference of a degree without prior approval  | 
| 259 | of the State Board of Education. | 
| 260 |      (b)  The chief executive officer shall have control over  | 
| 261 | the budget and the dollars appropriated or donated to the  | 
| 262 | institute from private, local, state, and federal sources, as  | 
| 263 | well as technical and professional income generated or derived  | 
| 264 | from practice activities of the institute. However, professional  | 
| 265 | income generated by university faculty from practice activities  | 
| 266 | at the institute shall be shared between the institute and the  | 
| 267 | university as determined by the chief executive officer and the  | 
| 268 | appropriate university dean or vice president. | 
| 269 |      (c)  The chief executive officer shall appoint members to  | 
| 270 | carry out the research, patient care, and educational activities  | 
| 271 | of the institute and determine compensation, benefits, and terms  | 
| 272 | of service. Members of the institute shall be eligible to hold  | 
| 273 | concurrent appointments at affiliated academic institutions.  | 
| 274 | University faculty shall be eligible to hold concurrent  | 
| 275 | appointments at the institute. | 
| 276 |      (d)  The chief executive officer shall have control over  | 
| 277 | the use and assignment of space and equipment within the  | 
| 278 | facilities. | 
| 279 |      (e)  The chief executive officer shall have the power to  | 
| 280 | create the administrative structure necessary to carry out the  | 
| 281 | mission of the institute. | 
| 282 |      (f)  The chief executive officer shall have a reporting  | 
| 283 | relationship to the Commissioner of Education. | 
| 284 |      (g)  The chief executive officer shall provide a copy of  | 
| 285 | the institute's annual report to the Governor and Cabinet, the  | 
| 286 | President of the Senate, the Speaker of the House of  | 
| 287 | Representatives, and the chair of the State Board of Education. | 
| 288 |      (6)  The board of directors of the not-for-profit  | 
| 289 | corporation shall create a council of scientific advisers to the  | 
| 290 | chief executive officer comprised of leading researchers,  | 
| 291 | physicians, and scientists. This council shall review programs  | 
| 292 | and recommend research priorities and initiatives so as to  | 
| 293 | maximize the state's investment in the institute. The council  | 
| 294 | shall be appointed by the board of directors of the not-for- | 
| 295 | profit corporation and shall include five appointees of the  | 
| 296 | State Board of Education. Each member of the council shall be  | 
| 297 | appointed to serve a 2-year term and may be reappointed to the  | 
| 298 | council. | 
| 299 |      (7)  In carrying out the provisions of this section, the  | 
| 300 | not-for-profit corporation and its subsidiaries are not  | 
| 301 | "agencies" within the meaning of s. 20.03(11). | 
| 302 |      (8)(a)  Records of the not-for-profit corporation and of  | 
| 303 | its subsidiaries are public records unless made confidential or  | 
| 304 | exempt by law. | 
| 305 |      (b)  Proprietary confidential business information is  | 
| 306 | confidential and exempt from the provisions of s. 119.07(1) and  | 
| 307 | s. 24(a), Art. I of the State Constitution. However, the Auditor  | 
| 308 | General, the Office of Program Policy Analysis and Government  | 
| 309 | Accountability, and the State Board of Education, pursuant to  | 
| 310 | their oversight and auditing functions, must be given access to  | 
| 311 | all proprietary confidential business information upon request  | 
| 312 | and without subpoena and must maintain the confidentiality of  | 
| 313 | information so received. As used in this paragraph, the term  | 
| 314 | "proprietary confidential business information" means  | 
| 315 | information, regardless of its form or characteristics, which is  | 
| 316 | owned or controlled by the not-for-profit corporation or its  | 
| 317 | subsidiaries; is intended to be and is treated by the not-for- | 
| 318 | profit corporation or its subsidiaries as private and the  | 
| 319 | disclosure of which would harm the business operations of the  | 
| 320 | not-for-profit corporation or its subsidiaries; has not been  | 
| 321 | intentionally disclosed by the corporation or its subsidiaries  | 
| 322 | unless pursuant to law, an order of a court or administrative  | 
| 323 | body, a legislative proceeding pursuant to s. 5, Art. III of the  | 
| 324 | State Constitution, or a private agreement that provides that  | 
| 325 | the information may be released to the public; and which is  | 
| 326 | information concerning: | 
| 327 |      1.  Internal auditing controls and reports of internal  | 
| 328 | auditors; | 
| 329 |      2.  Matters reasonably encompassed in privileged attorney- | 
| 330 | client communications; | 
| 331 |      3.  Contracts for managed-care arrangements, including  | 
| 332 | preferred provider organization contracts, health maintenance  | 
| 333 | organization contracts, and exclusive provider organization  | 
| 334 | contracts, and any documents directly relating to the  | 
| 335 | negotiation, performance, and implementation of any such  | 
| 336 | contracts for managed-care arrangements; | 
| 337 |      4.  Bids or other contractual data, banking records, and  | 
| 338 | credit agreements the disclosure of which would impair the  | 
| 339 | efforts of the not-for-profit corporation or its subsidiaries to  | 
| 340 | contract for goods or services on favorable terms; | 
| 341 |      5.  Information relating to private contractual data, the  | 
| 342 | disclosure of which would impair the competitive interest of the  | 
| 343 | provider of the information; | 
| 344 |      6.  Corporate officer and employee personnel information; | 
| 345 |      7.  Information relating to the proceedings and records of  | 
| 346 | credentialing panels and committees and of the governing board  | 
| 347 | of the not-for-profit corporation or its subsidiaries relating  | 
| 348 | to credentialing; | 
| 349 |      8.  Minutes of meetings of the governing board of the not- | 
| 350 | for-profit corporation and its subsidiaries, except minutes of  | 
| 351 | meetings open to the public pursuant to subsection (9); | 
| 352 |      9.  Information that reveals plans for marketing services  | 
| 353 | that the corporation or its subsidiaries reasonably expect to be  | 
| 354 | provided by competitors; | 
| 355 |      10.  Trade secrets as defined in s. 688.002, including  | 
| 356 | reimbursement methodologies or rates; or | 
| 357 |      11.  The identity of donors or prospective donors of  | 
| 358 | property who wish to remain anonymous or any information  | 
| 359 | identifying such donors or prospective donors. The anonymity of  | 
| 360 | these donors or prospective donors must be maintained in the  | 
| 361 | auditor's report. | 
| 362 | 
  | 
| 363 | As used in this paragraph, the term "managed care" means systems  | 
| 364 | or techniques generally used by third-party payors or their  | 
| 365 | agents to affect access to and control payment for health care  | 
| 366 | services. Managed-care techniques most often include one or more  | 
| 367 | of the following: prior, concurrent, and retrospective review of  | 
| 368 | the medical necessity and appropriateness of services or site of  | 
| 369 | services; contracts with selected health care providers;  | 
| 370 | financial incentives or disincentives related to the use of  | 
| 371 | specific providers, services, or service sites; controlled  | 
| 372 | access to and coordination of services by a case manager; and  | 
| 373 | payor efforts to identify treatment alternatives and modify  | 
| 374 | benefit restrictions for high-cost patient care. | 
| 375 |      (9)  Meetings of the governing board of the not-for-profit  | 
| 376 | corporation and meetings of the subsidiaries of the not-for- | 
| 377 | profit corporation at which the expenditure of dollars  | 
| 378 | appropriated to the not-for-profit corporation by the state are  | 
| 379 | discussed or reported must remain open to the public in  | 
| 380 | accordance with s. 286.011 and s. 24(b), Art. I of the State  | 
| 381 | Constitution, unless made confidential or exempt by law. Other  | 
| 382 | meetings of the governing board of the not-for-profit  | 
| 383 | corporation and of the subsidiaries of the not-for-profit  | 
| 384 | corporation are exempt from s. 286.011 and s. 24(b), Art. I of  | 
| 385 | the State Constitution. | 
| 386 |      (10)  In addition to the continuing appropriation to the  | 
| 387 | institute provided in s. 210.20(2), any appropriation to the  | 
| 388 | institute provided in a general appropriations act shall be paid  | 
| 389 | directly to the board of directors of the not-for-profit  | 
| 390 | corporation by warrant drawn by the Chief Financial Officer from  | 
| 391 | the State Treasury. | 
| 392 |      Section 5.  Section 1004.445, Florida Statutes, is amended  | 
| 393 | to read: | 
| 394 |      1004.445  Johnnie B. Byrd, Sr., Florida Alzheimer's Center  | 
| 395 | and Research Institute.-- | 
| 396 |      (1)  Effective July 1, 2002, The Johnnie B. Byrd, Sr.,  | 
| 397 | Florida Alzheimer's Center and Research Institute is established  | 
| 398 | at the University of South Florida. | 
| 399 |      (2)(a)  The State Board of Education shall enter into an  | 
| 400 | agreement for the utilization of the facilities on the campus of  | 
| 401 | the University of South Florida to be known as the Johnnie B.  | 
| 402 | Byrd, Sr., Florida Alzheimer's Center and Research Institute,  | 
| 403 | including all furnishings, equipment, and other chattels used in  | 
| 404 | the operation of those facilities, with a Florida not-for-profit  | 
| 405 | corporation organized solely for the purpose of governing and  | 
| 406 | operating the Johnnie B. Byrd, Sr., Florida Alzheimer's Center  | 
| 407 | and Research Institute. This not-for-profit corporation, acting  | 
| 408 | as an instrumentality of the state, shall govern and operate the  | 
| 409 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research  | 
| 410 | Institute in accordance with the terms of the agreement between  | 
| 411 | the State Board of Education and the not-for-profit corporation.  | 
| 412 | The not-for-profit corporation may, with the prior approval of  | 
| 413 | the State Board of Education, create either for-profit or not- | 
| 414 | for-profit corporate subsidiaries, or both, to fulfill its  | 
| 415 | mission. The not-for-profit corporation and its subsidiaries are  | 
| 416 | authorized to receive, hold, invest, and administer property and  | 
| 417 | any moneys acquired from private, local, state, and federal  | 
| 418 | sources, as well as technical and professional income generated  | 
| 419 | or derived from practice activities of the institute, for the  | 
| 420 | benefit of the institute and the fulfillment of its mission. | 
| 421 |      (b)1.  The affairs of the not-for-profit corporation shall  | 
| 422 | be managed by a board of directors who shall serve without  | 
| 423 | compensation. The board of directors shall consist of the  | 
| 424 | President of the University of South Florida and the chair of  | 
| 425 | the State Board of Education, or their designees, 5  | 
| 426 | representatives of the state universities, and no fewer than 9  | 
| 427 | nor more than 14 representatives of the public who are neither  | 
| 428 | medical doctors nor state employees. Each director who is a  | 
| 429 | representative of a state university or of the public shall be  | 
| 430 | appointed to serve a term of 3 years. The chair of the board of  | 
| 431 | directors shall be selected by a majority vote of the directors.  | 
| 432 | Each director shall have only one vote. | 
| 433 |      2.  The initial board of directors shall consist of the  | 
| 434 | President of the University of South Florida and the chair of  | 
| 435 | the State Board of Education, or their designees; the five  | 
| 436 | university representatives, of whom one shall be appointed by  | 
| 437 | the Governor, two by the President of the Senate, and two by the  | 
| 438 | Speaker of the House of Representatives; and nine public  | 
| 439 | representatives, of whom three shall be appointed by the  | 
| 440 | Governor, three by the President of the Senate, and three by the  | 
| 441 | Speaker of the House of Representatives. Upon the expiration of  | 
| 442 | the terms of the initial appointed directors, all directors  | 
| 443 | subject to 3-year terms of office under this paragraph shall be  | 
| 444 | appointed by a majority vote of the directors and the board may  | 
| 445 | be expanded to include additional public representative  | 
| 446 | directors up to the maximum number allowed. Any vacancy in  | 
| 447 | office shall be filled for the remainder of the term by majority  | 
| 448 | vote of the directors. Any director may be reappointed. | 
| 449 |      (3)  The State Board of Education shall provide in the  | 
| 450 | agreement with the not-for-profit corporation for the following: | 
| 451 |      (a)  Approval by the State Board of Education of the  | 
| 452 | articles of incorporation of the not-for-profit corporation. | 
| 453 |      (b)  Approval by the State Board of Education of the  | 
| 454 | articles of incorporation of any not-for-profit corporate  | 
| 455 | subsidiary created by the not-for-profit corporation. | 
| 456 |      (c)  Utilization of lands, hospital facilities, and  | 
| 457 | personnel by the not-for-profit corporation and its subsidiaries  | 
| 458 | for research, education, treatment, prevention, and the early  | 
| 459 | detection of Alzheimer's disease and for mutually approved  | 
| 460 | teaching and research programs conducted by the University of  | 
| 461 | South Florida or other accredited medical schools or research  | 
| 462 | institutes. | 
| 463 |      (d)  Preparation of an annual postaudit of the not-for- | 
| 464 | profit corporation's financial accounts and the financial  | 
| 465 | accounts of any subsidiaries to be conducted by an independent  | 
| 466 | certified public accountant. The annual audit report shall  | 
| 467 | include management letters and shall be submitted to the Auditor  | 
| 468 | General and the State Board of Education for review. The State  | 
| 469 | Board of Education, the Auditor General, and the Office of  | 
| 470 | Program Policy Analysis and Government Accountability shall have  | 
| 471 | the authority to require and receive from the not-for-profit  | 
| 472 | corporation and any subsidiaries, or from their independent  | 
| 473 | auditor, any detail or supplemental data relative to the  | 
| 474 | operation of the not-for-profit corporation or subsidiary. | 
| 475 |      (e)  Provision by the not-for-profit corporation and its  | 
| 476 | subsidiaries of equal employment opportunities for all persons  | 
| 477 | regardless of race, color, religion, gender, age, or national  | 
| 478 | origin. | 
| 479 |      (4)  The State Board of Education is authorized to secure  | 
| 480 | comprehensive general liability protection, including  | 
| 481 | professional liability protection, for the not-for-profit  | 
| 482 | corporation and its subsidiaries, pursuant to s. 1004.24. The  | 
| 483 | not-for-profit corporation and its subsidiaries shall be exempt  | 
| 484 | from any participation in any property insurance trust fund  | 
| 485 | established by law, including any property insurance trust fund  | 
| 486 | established pursuant to chapter 284, so long as the not-for- | 
| 487 | profit corporation and its subsidiaries maintain property  | 
| 488 | insurance protection with comparable or greater coverage limits. | 
| 489 |      (5)  In the event that the agreement between the not-for- | 
| 490 | profit corporation and the State Board of Education is  | 
| 491 | terminated for any reason, the State Board of Education shall  | 
| 492 | assume governance and operation of the facilities. | 
| 493 |      (6)  The institute shall be administered by a chief  | 
| 494 | executive officer, who shall be appointed by and serve at the  | 
| 495 | pleasure of the board of directors of the not-for-profit  | 
| 496 | corporation, and who shall exercise the following powers and  | 
| 497 | duties, subject to the approval of the board of directors: | 
| 498 |      (a)  The chief executive officer shall establish programs  | 
| 499 | that fulfill the mission of the institute in research,  | 
| 500 | education, treatment, prevention, and early detection of  | 
| 501 | Alzheimer's disease; however, the chief executive officer may  | 
| 502 | not establish academic programs for which academic credit is  | 
| 503 | awarded and which culminate in the conferring of a degree,  | 
| 504 | without prior approval of the State Board of Education. | 
| 505 |      (b)  The chief executive officer shall have control over  | 
| 506 | the budget and the moneys appropriated or donated to the  | 
| 507 | institute from private, local, state, and federal sources, as  | 
| 508 | well as technical and professional income generated or derived  | 
| 509 | from practice activities of the institute. However, professional  | 
| 510 | income generated by university faculty from practice activities  | 
| 511 | at the institute shall be shared between the institute and the  | 
| 512 | university as determined by the chief executive officer and the  | 
| 513 | appropriate university dean or vice president. | 
| 514 |      (c)  The chief executive officer shall appoint  | 
| 515 | representatives of the institute to carry out the research,  | 
| 516 | patient care, and educational activities of the institute and  | 
| 517 | establish the compensation, benefits, and terms of service of  | 
| 518 | such representatives. Representatives of the institute shall be  | 
| 519 | eligible to hold concurrent appointments at affiliated academic  | 
| 520 | institutions. University faculty shall be eligible to hold  | 
| 521 | concurrent appointments at the institute. | 
| 522 |      (d)  The chief executive officer shall have control over  | 
| 523 | the use and assignment of space and equipment within the  | 
| 524 | facilities. | 
| 525 |      (e)  The chief executive officer shall have the power to  | 
| 526 | create the administrative structure necessary to carry out the  | 
| 527 | mission of the institute. | 
| 528 |      (f)  The chief executive officer shall have a reporting  | 
| 529 | relationship to the Commissioner of Education. | 
| 530 |      (g)  The chief executive officer shall provide a copy of  | 
| 531 | the institute's annual report to the Governor and Cabinet, the  | 
| 532 | President of the Senate, the Speaker of the House of  | 
| 533 | Representatives, and the chair of the State Board of Education. | 
| 534 |      (7)  The board of directors of the not-for-profit  | 
| 535 | corporation shall create a council of scientific advisers to the  | 
| 536 | chief executive officer comprised of leading researchers,  | 
| 537 | physicians, and scientists. The council shall review programs  | 
| 538 | and recommend research priorities and initiatives to maximize  | 
| 539 | the state's investment in the institute. The members of the  | 
| 540 | council shall be appointed by the board of directors of the not- | 
| 541 | for-profit corporation, except for five members who shall be  | 
| 542 | appointed by the State Board of Education. Each member of the  | 
| 543 | council shall be appointed to serve a 2-year term and may be  | 
| 544 | reappointed to the council. | 
| 545 |      (8)  In carrying out the provisions of this section, the  | 
| 546 | not-for-profit corporation and its subsidiaries are not agencies  | 
| 547 | within the meaning of s. 20.03(11). | 
| 548 |      (9)  The following information is confidential and exempt  | 
| 549 | from the provisions of s. 119.07(1) and s. 24, Art. I of the  | 
| 550 | State Constitution: | 
| 551 |      (a)  Personal identifying information relating to clients  | 
| 552 | of programs created or funded through the Johnnie B. Byrd, Sr.,  | 
| 553 | Florida Alzheimer's Center and Research Institute which is held  | 
| 554 | by the institute, University of South Florida, or State Board of  | 
| 555 | Education or by persons who provide services to clients of  | 
| 556 | programs created or funded through contracts with the Johnnie B.  | 
| 557 | Byrd, Sr., Florida Alzheimer's Center and Research Institute; | 
| 558 |      (b)  Any medical or health records relating to patients  | 
| 559 | which may be created or received by the institute; | 
| 560 |      (c)  Materials that relate to methods of manufacture or  | 
| 561 | production, potential trade secrets, potentially patentable  | 
| 562 | material, actual trade secrets as defined in s. 688.002, or  | 
| 563 | proprietary information received, generated, ascertained, or  | 
| 564 | discovered during the course of research conducted by or through  | 
| 565 | the institute and business transactions resulting from such  | 
| 566 | research; | 
| 567 |      (d)  The identity of a donor or prospective donor to the  | 
| 568 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research  | 
| 569 | Institute who wishes to remain anonymous, and all information  | 
| 570 | identifying such donor or prospective donor; | 
| 571 |      (e)  Any information received by the institute in the  | 
| 572 | performance of its duties and responsibilities which is  | 
| 573 | otherwise confidential and exempt by law; and | 
| 574 |      (f)  Any information received by the institute from a  | 
| 575 | person from another state or nation or the Federal Government  | 
| 576 | which is otherwise confidential or exempt pursuant to that  | 
| 577 | state's or nation's laws or pursuant to federal law. | 
| 578 | 
  | 
| 579 | Any governmental entity that demonstrates a need to access such  | 
| 580 | confidential and exempt information in order to perform its  | 
| 581 | duties and responsibilities shall have access to such  | 
| 582 | information and shall otherwise keep such information  | 
| 583 | confidential and exempt. This section is subject to the Open  | 
| 584 | Government Sunset Review Act of 1995 in accordance with s.  | 
| 585 | 119.15 and shall stand repealed on October 2, 2006, unless  | 
| 586 | reviewed and saved from repeal through reenactment by the  | 
| 587 | Legislature. | 
| 588 |      (10)  Any appropriation to the institute provided in a  | 
| 589 | general appropriations act shall be paid directly to the board  | 
| 590 | of directors of the not-for-profit corporation by warrant drawn  | 
| 591 | by the Chief Financial Officer from the State Treasury. | 
| 592 |      Section 6.  Florida Center for Universal Research to  | 
| 593 | Eradicate Disease.-- | 
| 594 |      (1)  The Legislature finds that an estimated 128 million  | 
| 595 | Americans suffer from acute, chronic, and degenerative diseases  | 
| 596 | and that biomedical research is the key to finding cures for  | 
| 597 | these diseases that negatively affect all Floridians. The  | 
| 598 | Legislature further finds that, while there is much research  | 
| 599 | being conducted throughout this state and throughout the world,  | 
| 600 | there is a lack of coordination of efforts among researchers.  | 
| 601 | The Legislature, therefore, finds that there is a significant  | 
| 602 | need for a coordinated effort if the goal of curing disease is  | 
| 603 | to be achieved. Moreover, the Legislature finds that the  | 
| 604 | biomedical technology sector meets the criteria of a high-impact  | 
| 605 | sector, pursuant to section 288.108, Florida Statutes, having a  | 
| 606 | high importance to this state's economy with a significant  | 
| 607 | potential for growth and contribution to our universities and  | 
| 608 | quality of life. | 
| 609 |      (2)  It is the intent of the Legislature that Florida  | 
| 610 | strive to become the nation's leader in biomedical research and  | 
| 611 | commit itself to being the state to find cures for the most  | 
| 612 | deadly and widespread diseases. It is further the intent of the  | 
| 613 | Legislature that there be a coordinated effort among the state's  | 
| 614 | public and private universities and the biomedical industry to  | 
| 615 | discover such cures. Moreover, it is the intent of the  | 
| 616 | Legislature to expand the state economy by attracting biomedical  | 
| 617 | researchers and research companies to this state. | 
| 618 |      (3)  There is established within the Department of Health  | 
| 619 | the Florida Center for Universal Research to Eradicate Disease,  | 
| 620 | which shall be known as "CURED." | 
| 621 |      (a)  The purpose of the center is to coordinate, improve,  | 
| 622 | expand, and monitor all biomedical research programs within the  | 
| 623 | state, facilitate funding opportunities, and foster improved  | 
| 624 | technology transfer of research findings into clinical trials  | 
| 625 | and widespread public use. | 
| 626 |      (b)  The goal of the center is to find cures for diseases  | 
| 627 | such as cancer, heart disease, lung disease, diabetes,  | 
| 628 | autoimmune disorders, and neurological disorders, including  | 
| 629 | Alzheimer's disease, epilepsy, and Parkinson's disease. | 
| 630 |      (c)  The center shall hold an annual biomedical technology  | 
| 631 | summit in Florida to which biomedical researchers, biomedical  | 
| 632 | technology companies, business incubators, pharmaceutical  | 
| 633 | manufacturers, and others around the nation and world are  | 
| 634 | invited to share biomedical research findings in order to  | 
| 635 | expedite the discovery of cures. Summit attendees shall cover  | 
| 636 | the costs of such attendance or obtain sponsorship for such  | 
| 637 | attendance. | 
| 638 |      (d)  The center shall encourage clinical trials in this  | 
| 639 | state on research that holds promise of curing a disease or  | 
| 640 | condition. The center shall facilitate partnerships between  | 
| 641 | researchers, treating physicians, and community hospitals for  | 
| 642 | the purpose of sharing new techniques and new research findings,  | 
| 643 | as well as coordinating voluntary donations to ensure an  | 
| 644 | adequate supply of adult stem cells, placentas, or cord blood. | 
| 645 |      (e)  The center shall facilitate the formation of  | 
| 646 | partnerships between researchers in this state and institutions  | 
| 647 | in other states and countries where research with rare plants or  | 
| 648 | animals could lead to cures. | 
| 649 |      (f)  The center shall encourage agricultural colleges and  | 
| 650 | agricultural businesses in this state to be active in the search  | 
| 651 | for cures and in providing information to the public about  | 
| 652 | disease prevention. | 
| 653 |      (g)  The center shall facilitate partnerships among  | 
| 654 | researchers working to cure all types of diseases, including  | 
| 655 | those that are prevalent in developed countries and those that  | 
| 656 | occur mainly in developing countries. | 
| 657 |      (h)  The center shall also encourage the discovery and  | 
| 658 | production in Florida of vaccines that prevent disease. | 
| 659 |      (i)  The center shall monitor the supply and demand needs  | 
| 660 | of researchers relating to stem cell research and other types of  | 
| 661 | human tissue research. If the center determines that there is a  | 
| 662 | need for increased donation of human tissue, it shall notify  | 
| 663 | hospitals licensed pursuant to chapter 395, Florida Statutes,  | 
| 664 | which have entered into partnership agreements with research  | 
| 665 | institutes conducting stem cell research located in the same  | 
| 666 | geographic region as the researchers demanding the stem cells or  | 
| 667 | other tissues. Such hospitals shall implement programs that  | 
| 668 | encourage voluntary donations of cord blood or other needed  | 
| 669 | adult tissue. | 
| 670 |      (j)  The center shall be funded through private, state, and  | 
| 671 | federal sources. | 
| 672 |      (k)  The center shall serve as a registry of all known  | 
| 673 | opportunities for biomedical grants and may assist any public or  | 
| 674 | private biomedical research program in this state in preparing  | 
| 675 | grant requests. | 
| 676 |      (l)  The center shall maintain a website with links to  | 
| 677 | peer-reviewed biomedical research. The website shall also  | 
| 678 | contain a list of all known biomedical research being conducted  | 
| 679 | in Florida and shall facilitate communication among researchers  | 
| 680 | and other interested parties. | 
| 681 |      (m)  The center shall submit an annual report to the  | 
| 682 | Governor, the President of the Senate, and the Speaker of the  | 
| 683 | House of Representatives no later than January 15 which contains  | 
| 684 | recommendations for legislative change necessary to foster a  | 
| 685 | positive climate for biomedical research in this state. | 
| 686 |      (4)  The Department of Health may outsource the duties of  | 
| 687 | the center to a private entity or state university. | 
| 688 |      (5)  There is established within the center an advisory  | 
| 689 | council that shall meet at least annually. | 
| 690 |      (a)  The council shall consist of the members of the board  | 
| 691 | of directors of the Florida Research Consortium and at least one  | 
| 692 | representative from: | 
| 693 |      1.  The Emerging Technology Commission. | 
| 694 |      2.  Enterprise Florida, Inc. | 
| 695 |      3.  BioFlorida. | 
| 696 |      4.  The Biomedical Research Advisory Council. | 
| 697 |      5.  The Florida Medical Foundation. | 
| 698 |      6.  Pharmaceutical Research and Manufacturers of America. | 
| 699 |      7.  The Florida Tri-Agency Coalition on Smoking OR Health. | 
| 700 |      8.  The Florida Cancer Research Cooperative, Inc. | 
| 701 |      9.  The American Cancer Society, Florida Division, Inc. | 
| 702 |      10.  The American Heart Association. | 
| 703 |      11.  The American Lung Association of Florida. | 
| 704 |      12.  The American Diabetes Association, South Coastal  | 
| 705 | Region. | 
| 706 |      13.  The Alzheimer's Association. | 
| 707 |      14.  The Epilepsy Foundation. | 
| 708 |      15.  The National Parkinson Foundation. | 
| 709 |      16.  The Florida Public Health Foundation, Inc. | 
| 710 |      17.  Scripps Florida or the entity formed in this state by  | 
| 711 | The Scripps Research Institute. | 
| 712 |      (b)  Members of the council shall serve without  | 
| 713 | compensation and each organization represented shall cover all  | 
| 714 | expenses of its representative. | 
| 715 |      Section 7.  Paragraph (d) of subsection (1) of section  | 
| 716 | 215.5601, Florida Statutes, is amended to read: | 
| 717 |      215.5601  Lawton Chiles Endowment Fund.-- | 
| 718 |      (1)  LEGISLATIVE INTENT.--It is the intent of the  | 
| 719 | Legislature to: | 
| 720 |      (d)  Provide funds to help support public-health and  | 
| 721 | biomedical research for the prevention, diagnosis, and  | 
| 722 | treatment, and cure of diseases related to tobacco use by  | 
| 723 | creating an annual and perpetual source of funding for  | 
| 724 | biomedical research in the state in order to expand the  | 
| 725 | foundation of biomedical knowledge relating to the prevention,  | 
| 726 | diagnosis, and treatment, and cure of diseases related to  | 
| 727 | tobacco use, including cancer, cardiovascular disease, stroke,  | 
| 728 | and pulmonary disease; improve the quality of the state's  | 
| 729 | academic health centers by bringing the advances of biomedical  | 
| 730 | research into the training of physicians and other health care  | 
| 731 | providers; and increase the state's per capita funding for  | 
| 732 | biomedical research by undertaking new initiatives in biomedical  | 
| 733 | research which will attract additional funding from outside the  | 
| 734 | state while also stimulating economic activity in the state in  | 
| 735 | areas related to biomedical research, such as the research and  | 
| 736 | production of pharmaceuticals, biotechnology, and medical  | 
| 737 | devices. | 
| 738 |      Section 8.  Paragraphs (a) and (b) of subsection (1) and  | 
| 739 | subsections (2) and (10) of section 215.5602, Florida Statutes,  | 
| 740 | are amended to read: | 
| 741 |      215.5602  James and Esther King Biomedical Research  | 
| 742 | Program.-- | 
| 743 |      (1)  There is established within the Department of Health  | 
| 744 | the James and Esther King Biomedical Research Program funded by  | 
| 745 | the proceeds of the Lawton Chiles Endowment Fund pursuant to s.  | 
| 746 | 215.5601. The purpose of the James and Esther King Biomedical  | 
| 747 | Research Program is to provide an annual and perpetual source of  | 
| 748 | funding in order to support research initiatives that address  | 
| 749 | the health care problems of Floridians in the areas of tobacco- | 
| 750 | related cancer, cardiovascular disease, stroke, and pulmonary  | 
| 751 | disease. The long-term goals of the program are to: | 
| 752 |      (a)  Improve the health of Floridians by researching better  | 
| 753 | prevention, diagnoses, and treatments, and cures for cancer,  | 
| 754 | cardiovascular disease, stroke, and pulmonary disease. | 
| 755 |      (b)  Expand the foundation of biomedical knowledge relating  | 
| 756 | to the prevention, diagnosis, and treatment, and cure of  | 
| 757 | diseases related to tobacco use, including cancer,  | 
| 758 | cardiovascular disease, stroke, and pulmonary disease. | 
| 759 |      (2)  Funds appropriated for the James and Esther King  | 
| 760 | Biomedical Research Program shall be used exclusively for the  | 
| 761 | award of grants and fellowships as established in this section;  | 
| 762 | for research relating to the prevention, diagnosis, and  | 
| 763 | treatment, and cure of diseases related to tobacco use,  | 
| 764 | including cancer, cardiovascular disease, stroke, and pulmonary  | 
| 765 | disease; and for expenses incurred in the administration of this  | 
| 766 | section. Priority shall be granted to research designed to  | 
| 767 | prevent or cure disease. | 
| 768 |      (10)  The council shall submit an annual progress report on  | 
| 769 | the state of biomedical research in this state to the Florida  | 
| 770 | Center for Universal Research to Eradicate Disease and to the  | 
| 771 | Governor, the Secretary of Health, the President of the Senate,  | 
| 772 | and the Speaker of the House of Representatives by February 1.  | 
| 773 | The report must include: | 
| 774 |      (a)  A list of research projects supported by grants or  | 
| 775 | fellowships awarded under the program. | 
| 776 |      (b)  A list of recipients of program grants or fellowships. | 
| 777 |      (c)  A list of publications in peer reviewed journals  | 
| 778 | involving research supported by grants or fellowships awarded  | 
| 779 | under the program. | 
| 780 |      (d)  The total amount of biomedical research funding  | 
| 781 | currently flowing into the state. | 
| 782 |      (e)  New grants for biomedical research which were funded  | 
| 783 | based on research supported by grants or fellowships awarded  | 
| 784 | under the program. | 
| 785 |      (f)  Progress in the prevention, diagnosis, and treatment,  | 
| 786 | and cure of diseases related to tobacco use, including cancer,  | 
| 787 | cardiovascular disease, stroke, and pulmonary disease. | 
| 788 |      Section 9.  (1)  The Life Sciences Building at Florida  | 
| 789 | State University in Tallahassee is designated as the "James E.  | 
| 790 | 'Jim' King, Jr., Building." | 
| 791 |      (2)  Florida State University is authorized to erect  | 
| 792 | markers for the designation of the James E. "Jim" King, Jr.,  | 
| 793 | Building as described in subsection (1). | 
| 794 |      Section 10.  Florida Cancer Research Cooperative, Inc.-- | 
| 795 |      (1)  Effective July 1, 2004, the Florida Cancer Research  | 
| 796 | Cooperative, Inc., is established for the purpose of making the  | 
| 797 | State of Florida a world-class center for cancer research. | 
| 798 |      (2)(a)  A not-for-profit corporation, acting as an  | 
| 799 | instrumentality of the Florida Dialogue on Cancer, shall be  | 
| 800 | organized for the purpose of governing the affairs of the  | 
| 801 | cooperative. | 
| 802 |      (b)  The Florida Cancer Research Cooperative, Inc., may  | 
| 803 | create not-for-profit corporate subsidiaries to fulfill its  | 
| 804 | mission. The not-for-profit corporation and its subsidiaries may  | 
| 805 | receive, hold, invest, and administer property and any moneys  | 
| 806 | acquired from private, local, state, and federal sources, as  | 
| 807 | well as technical and professional income generated or derived  | 
| 808 | from the mission-related activities of the cooperative. | 
| 809 |      (c)  The affairs of the not-for-profit corporation shall be  | 
| 810 | managed by a board of directors which shall consist of: | 
| 811 |      1.  The Secretary of Health or his or her designee. | 
| 812 |      2.  The chief executive officer of the H. Lee Moffitt  | 
| 813 | Cancer Center and Research Institute or his or her designee. | 
| 814 |      3.  The director of the University of Florida Shands Cancer  | 
| 815 | Center or his or her designee. | 
| 816 |      4.  The director of the University of Miami Sylvester  | 
| 817 | Comprehensive Cancer Center or his or her designee. | 
| 818 |      5.  The chief executive officer of the Mayo Clinic,  | 
| 819 | Jacksonville, or his or her designee. | 
| 820 |      6.  The chief executive officer of the American Cancer  | 
| 821 | Society, Florida Division, or his or her designee. | 
| 822 |      7.  The president of the American Cancer Society, Florida  | 
| 823 | Division Board of Directors, or his or her designee. | 
| 824 |      8.  The president of the Florida Society of Clinical  | 
| 825 | Oncology or his or her designee. | 
| 826 |      9.  The president of Enterprise Florida, Inc., or his or  | 
| 827 | her designee. | 
| 828 |      10.  Three representatives from large Florida hospitals or  | 
| 829 | institutions, not delineated in subparagraphs 2.-5., which treat  | 
| 830 | a large volume of cancer patients. One shall be appointed by the  | 
| 831 | Governor, one shall be appointed by the Speaker of the House of  | 
| 832 | Representatives, and one shall be appointed by the President of  | 
| 833 | the Senate. | 
| 834 |      11.  Three representatives from community-based, statewide  | 
| 835 | organizations serving populations that experience cancer  | 
| 836 | disparities, one of whom shall be appointed by the Governor, one  | 
| 837 | of whom shall be appointed by the Speaker of the House of  | 
| 838 | Representatives, and one of whom shall be appointed by the  | 
| 839 | President of the Senate. | 
| 840 |      12.  One member of the Florida House of Representatives, to  | 
| 841 | be appointed by the Speaker of the House of Representatives. | 
| 842 |      13.  One member of the Florida Senate, to be appointed by  | 
| 843 | the President of the Senate. | 
| 844 |      14.  Three university presidents, one of whom shall be  | 
| 845 | appointed by the Governor, one of whom shall be appointed by the  | 
| 846 | Speaker of the House of Representatives, and one of whom shall  | 
| 847 | be appointed by the President of the Senate. | 
| 848 |      15.  Five representatives from other statewide public  | 
| 849 | health organizations whose missions include public education and  | 
| 850 | the eradication of cancer, three of whom shall be appointed by  | 
| 851 | the Governor, one of whom shall be appointed by the Speaker of  | 
| 852 | the House of Representatives, and one of whom shall be appointed  | 
| 853 | by the President of the Senate. | 
| 854 |      (d)  Appointments made by the Speaker of the House of  | 
| 855 | Representatives and the President of the Senate pursuant to  | 
| 856 | paragraph (c) shall be for 2-year terms, concurrent with the  | 
| 857 | bienniums in which they serve as presiding officers. | 
| 858 |      (e)  Appointments made by the Governor pursuant to  | 
| 859 | paragraph (c) shall be for 2-year terms, although the Governor  | 
| 860 | may reappoint directors. | 
| 861 |      (f)  Members of the board of directors of the not-for- | 
| 862 | profit corporation or any subsidiaries shall serve without  | 
| 863 | compensation. | 
| 864 |      (3)  The cooperative shall issue an annual report to the  | 
| 865 | Florida Center for Universal Research to Eradicate Disease, the  | 
| 866 | Governor, the Speaker of the House of Representatives, and the  | 
| 867 | President of the Senate, by December 15 of each year, with  | 
| 868 | policy and funding recommendations regarding cancer research  | 
| 869 | capacity in Florida and related issues. | 
| 870 |      Section 11.  Florida Cancer Research Cooperative, Inc.;  | 
| 871 | mission and duties.-- | 
| 872 |      (1)  The cooperative shall develop and centralize the  | 
| 873 | processes and shared services for expanding cancer research in  | 
| 874 | Florida through: | 
| 875 |      (a)  Support through bioinformatics, in order to create a  | 
| 876 | cancer informatics infrastructure that enhances information and  | 
| 877 | resource exchange and integration through researchers working in  | 
| 878 | diverse disciplines to facilitate the full spectrum of cancer  | 
| 879 | investigations. | 
| 880 |      (b)  Technical coordination, business development, and  | 
| 881 | support of intellectual property. | 
| 882 |      (c)  Development of a statewide cancer clinical trials  | 
| 883 | network as contemplated in section 6. | 
| 884 |      (d)  Other activities to support multidisciplinary  | 
| 885 | research. | 
| 886 |      (2)  The cooperative shall work in concert with the Florida  | 
| 887 | Center for Universal Research to Eradicate Disease to ensure  | 
| 888 | that the goals of the center are advanced. | 
| 889 |      Section 12.  The Florida Public Health Foundation, Inc.;  | 
| 890 | establishment; purpose; mission; duties; board of directors.-- | 
| 891 |      (1)  The Florida Public Health Foundation, Inc., referred  | 
| 892 | to in this section as "the corporation," is established for the  | 
| 893 | purpose of disseminating breakthrough findings in biomedical  | 
| 894 | research and promoting health awareness in this state. | 
| 895 |      (2)  The corporation's mission includes disseminating  | 
| 896 | information about innovative biomedical research and clinical  | 
| 897 | trials in this state as well as making Floridians and their  | 
| 898 | treatment providers aware of specified diseases and conditions  | 
| 899 | and available methods of preventing, diagnosing, treating, and  | 
| 900 | curing those diseases and conditions. | 
| 901 |      (3)  The purpose and objective of the corporation shall be  | 
| 902 | to operate exclusively for charitable, scientific, and  | 
| 903 | educational purposes; to protect and improve the health and  | 
| 904 | well-being of Florida's people and environment through  | 
| 905 | partnerships committed to program innovation, education, applied  | 
| 906 | research, and policy development; and to engage in charitable  | 
| 907 | programs dedicated to improving the health of Floridians. | 
| 908 |      (4)  The corporation shall be established as a not-for- | 
| 909 | profit entity qualifying under section 501(c)(3) of the Internal  | 
| 910 | Revenue Code. The corporation may receive, hold, invest, and  | 
| 911 | administer property and any moneys acquired from private, local,  | 
| 912 | state, and federal sources, as well as technical and  | 
| 913 | professional income generated or derived from the mission- | 
| 914 | related activities of the corporation. The corporation shall  | 
| 915 | have all of the powers conferred upon corporations organized  | 
| 916 | under chapter 617, Florida Statutes. | 
| 917 |      (5)  The corporation's duties include procuring funds  | 
| 918 | necessary for accomplishing the purpose and mission of the  | 
| 919 | corporation. The corporation shall strive to complement,  | 
| 920 | supplement, and enhance the missions of the various  | 
| 921 | organizations, entities, and departments represented on its  | 
| 922 | board by serving as the lead corporation in the state for  | 
| 923 | promoting public health awareness. | 
| 924 |      (6)  The affairs of the corporation shall be managed by an  | 
| 925 | executive director appointed by a board of directors consisting  | 
| 926 | of: | 
| 927 |      (a)  The Secretary of Health or his or her designee. | 
| 928 |      (b)  A former member of the Senate appointed by the  | 
| 929 | President of the Senate. | 
| 930 |      (c)  A former member of the House of Representatives  | 
| 931 | appointed by the Speaker of the House of Representatives. | 
| 932 |      (d)  A representative of the American Heart Association. | 
| 933 |      (e)  A representative of the American Cancer Society,  | 
| 934 | Florida Division, Inc. | 
| 935 |      (f)  A representative of the American Lung Association of  | 
| 936 | Florida. | 
| 937 |      (g)  A representative of the American Diabetes Association,  | 
| 938 | South Coastal Region. | 
| 939 |      (h)  A representative of the Alzheimer's Association. | 
| 940 |      (i)  A representative of the Epilepsy Foundation. | 
| 941 |      (j)  A representative of the National Parkinson Foundation. | 
| 942 |      (k)  A representative of the March of Dimes, Florida  | 
| 943 | Chapter. | 
| 944 |      (l)  A representative of the Arthritis Foundation, Florida  | 
| 945 | Chapter. | 
| 946 |      (m)  A representative of the American Liver Foundation. | 
| 947 |      (n)  A representative of the Florida Council for Behavioral  | 
| 948 | Healthcare, Inc. | 
| 949 |      (o)  A representative of the Florida Alcohol and Drug Abuse  | 
| 950 | Association. | 
| 951 |      (p)  A representative of Pharmaceutical Research and  | 
| 952 | Manufacturers of America. | 
| 953 |      (q)  A representative of the Florida Public Health  | 
| 954 | Association. | 
| 955 |      (r)  A representative of the Florida Association of County  | 
| 956 | Health Officers. | 
| 957 |      (s)  A public health academician selected by the State  | 
| 958 | Health Officer. | 
| 959 |      (t)  A representative of the Florida Academy of Family  | 
| 960 | Physicians. | 
| 961 |      (u)  Three consumers who have demonstrated an interest in  | 
| 962 | protecting the public health appointed by the Florida Public  | 
| 963 | Health Association. | 
| 964 |      (7)  Members of the board of directors shall serve for 2- | 
| 965 | year terms and shall serve without compensation. Each  | 
| 966 | organization represented on the board of directors shall cover  | 
| 967 | the expenses of its representative. | 
| 968 |      (8)  The corporation, in consultation with the Department  | 
| 969 | of Health and the Florida Center for Universal Research to  | 
| 970 | Eradicate Disease, shall facilitate communication between  | 
| 971 | biomedical researchers and health care providers each month  | 
| 972 | according to the health awareness schedule established by the  | 
| 973 | Florida Public Health Foundation, Inc., in order to ensure  | 
| 974 | ongoing dialogue between researchers, treatment providers, and  | 
| 975 | the department. | 
| 976 |      (9)  The corporation and the Department of Health shall  | 
| 977 | enter into partnerships with providers of continuing education  | 
| 978 | for health care practitioners, including, but not limited to,  | 
| 979 | hospitals and state and local medical organizations, to ensure  | 
| 980 | that practitioners are aware of the most recent and complete  | 
| 981 | diagnostic and treatment tools. | 
| 982 |      (10)  The corporation shall provide an annual report  | 
| 983 | concerning its activities and finances to the Florida Center for  | 
| 984 | Universal Research to Eradicate Disease and shall provide copies  | 
| 985 | of the annual report to the Governor, the President of the  | 
| 986 | Senate, and the Speaker of the House of Representatives. | 
| 987 |      Section 13.  Health awareness campaigns.-- | 
| 988 |      (1)  The Florida Public Health Foundation, Inc., in  | 
| 989 | consultation with the Department of Health, shall coordinate  | 
| 990 | monthly health awareness campaigns with national, state, and  | 
| 991 | local health care organizations and government entities  | 
| 992 | targeting a wide range of the public, including: parents;  | 
| 993 | teachers and other school employees; students in 4th through  | 
| 994 | 12th grades, colleges, and universities; state agency employees;  | 
| 995 | county and local government employees; patients of county health  | 
| 996 | departments; Medicaid recipients; health care professionals and  | 
| 997 | providers; and the public in general. | 
| 998 |      (2)  The awareness campaigns shall include the provision of  | 
| 999 | educational information about preventing, detecting, treating,  | 
| 1000 | and curing the following diseases or conditions. Additional  | 
| 1001 | diseases and conditions that impact the public health may be  | 
| 1002 | added by the board of directors of the Florida Public Health  | 
| 1003 | Foundation, Inc.; however, each of the following diseases or  | 
| 1004 | conditions must be included in an awareness campaign during at  | 
| 1005 | least one month in any 24-month period: | 
| 1006 |      (a)  Cancer, including breast, prostate, cervical, ovarian,  | 
| 1007 | colorectal, and skin cancer and leukemia. | 
| 1008 |      (b)  Heart disease. | 
| 1009 |      (c)  Stroke. | 
| 1010 |      (d)  Lung disease, including asthma and smoking-relating  | 
| 1011 | disease. | 
| 1012 |      (e)  Neurological disorders and disease, including  | 
| 1013 | Alzheimer's disease, Parkinson's disease, and epilepsy. | 
| 1014 |      (f)  Gastrointestinal disease. | 
| 1015 |      (g)  Kidney disease. | 
| 1016 |      (h)  Diabetes. | 
| 1017 |      (i)  Liver disease. | 
| 1018 |      (j)  Autoimmune disorders. | 
| 1019 |      (k)  Birth defects and prenatal care. | 
| 1020 |      (l)  Obesity and malnutrition. | 
| 1021 |      (m)  Sexually transmissible disease. | 
| 1022 |      (n)  Hepatitis A, hepatitis B, and hepatitis C. | 
| 1023 |      (o)  Arthritis. | 
| 1024 |      (p)  Vaccine-preventable diseases. | 
| 1025 |      (q)  Infectious diseases, including HIV/AIDS. | 
| 1026 |      (r)  Substance abuse. | 
| 1027 |      (s)  Mental illness. | 
| 1028 |      (t)  Lupus. | 
| 1029 |      (u)  Osteoporosis. | 
| 1030 |      (3)  The health awareness campaigns shall be funded by the  | 
| 1031 | Florida Public Health Foundation, Inc., and the Department of  | 
| 1032 | Health to the extent that funds are available from public and  | 
| 1033 | private sources. | 
| 1034 |      (4)  Health awareness information shall be disseminated  | 
| 1035 | through all available methods, including print, audio, visual,  | 
| 1036 | and electronic media. | 
| 1037 |      Section 14.  Prostate Cancer Awareness Program.-- | 
| 1038 |      (1)  To the extent that funds are specifically made  | 
| 1039 | available for this purpose, the Prostate Cancer Awareness  | 
| 1040 | Program is established within the Department of Health. The  | 
| 1041 | purpose of this program is to implement the recommendations of  | 
| 1042 | January 2000 of the Florida Prostate Cancer Task Force to  | 
| 1043 | provide for statewide outreach and health education activities  | 
| 1044 | to ensure that men are aware of and appropriately seek medical  | 
| 1045 | counseling for prostate cancer as an early-detection health care  | 
| 1046 | measure. | 
| 1047 |      (2)  For purposes of implementing the program, the  | 
| 1048 | Department of Health and the Florida Public Health Foundation,  | 
| 1049 | Inc., may: | 
| 1050 |      (a)  Conduct activities directly or enter into a contract  | 
| 1051 | with a qualified nonprofit community education entity. | 
| 1052 |      (b)  Seek any available gifts, grants, or funds from the  | 
| 1053 | state, the Federal Government, philanthropic foundations, and  | 
| 1054 | industry or business groups. | 
| 1055 |      (3)  A prostate cancer advisory committee is created to  | 
| 1056 | advise and assist the Department of Health and the Florida  | 
| 1057 | Public Health Foundation, Inc., in implementing the program. | 
| 1058 |      (a)  The Secretary of Health shall appoint the advisory  | 
| 1059 | committee members, who shall consist of: | 
| 1060 |      1.  Three persons from prostate cancer survivor groups or  | 
| 1061 | cancer-related advocacy groups. | 
| 1062 |      2.  Three persons who are scientists or clinicians from  | 
| 1063 | public universities or research organizations. | 
| 1064 |      3.  Three persons who are engaged in the practice of a  | 
| 1065 | cancer-related medical specialty from health organizations  | 
| 1066 | committed to cancer research and control. | 
| 1067 |      (b)  Members shall serve without compensation but are  | 
| 1068 | entitled to reimbursement, pursuant to section 112.061, Florida  | 
| 1069 | Statutes, for per diem and travel expenses incurred in the  | 
| 1070 | performance of their official duties. | 
| 1071 |      (4)  The program shall coordinate its efforts with those of  | 
| 1072 | the Florida Public Health Foundation, Inc. | 
| 1073 |      Section 15.  Cervical Cancer Elimination Task Force.-- | 
| 1074 |      (1)  Effective July 1, 2004, the Cervical Cancer  | 
| 1075 | Elimination Task Force is established for the purpose of  | 
| 1076 | recommending strategies and actions to reduce the costs and  | 
| 1077 | burdens of cervical cancer in Florida. The task force shall  | 
| 1078 | present interim reports to the Florida Public Health Foundation,  | 
| 1079 | Inc., the Florida Cancer Research Cooperative, Inc., the Center  | 
| 1080 | for Universal Research to Eradicate Disease, the Governor, the  | 
| 1081 | President of the Senate, and the Speaker of the House of  | 
| 1082 | Representatives on January 1, 2006, and July 1, 2007, with a  | 
| 1083 | final report due on June 30, 2008. After submitting its final  | 
| 1084 | report on or before June 30, 2008, the task force is dissolved. | 
| 1085 |      (2)  The task force shall: | 
| 1086 |      (a)  Review statistical and qualitative data on the  | 
| 1087 | prevalence and burden of cervical cancer. | 
| 1088 |      (b)  Receive and consider reports and testimony from  | 
| 1089 | individuals, county health departments, community-based  | 
| 1090 | organizations, and other public and private organizations  | 
| 1091 | statewide to learn more about their contributions to cervical  | 
| 1092 | cancer diagnosis, prevention, and treatment, as well as their  | 
| 1093 | ideas for improving the care of cervical cancer patients in this  | 
| 1094 | state. | 
| 1095 |      (c)  Identify priority strategies and new technologies,  | 
| 1096 | including newly introduced vaccines, which are effective in  | 
| 1097 | preventing and controlling the risk of cervical cancer. | 
| 1098 |      (d)  Provide recommendations to the Florida Public Health  | 
| 1099 | Foundation, Inc., on public awareness issues relating to  | 
| 1100 | cervical cancer, such as the causes, personal risk factors,  | 
| 1101 | value of prevention, available vaccines, early detection  | 
| 1102 | options, treatment costs, new technology, and education for  | 
| 1103 | health care practitioners. | 
| 1104 |      (e)  Identify and examine existing programs, services,  | 
| 1105 | laws, and rules regarding the availability and coverage of  | 
| 1106 | treatment services for cervical cancer. | 
| 1107 |      (f)  Develop and revise a comprehensive Florida Cervical  | 
| 1108 | Cancer Prevention Plan and present those recommendations to the  | 
| 1109 | Department of Health and the Florida Cancer Control and Research  | 
| 1110 | Advisory Council for incorporation into the Florida Cancer Plan. | 
| 1111 |      (3)  The task force shall consist of: | 
| 1112 |      (a)  The director of the Department of Health's Division of  | 
| 1113 | Disease Control or another person with expertise in epidemiology  | 
| 1114 | who shall serve as chair, appointed by the Secretary of Health. | 
| 1115 |      (b)  A board-certified gynecologist licensed as a physician  | 
| 1116 | under chapter 458 or chapter 459, Florida Statutes, representing  | 
| 1117 | the Florida Obstetric and Gynecologic Society, appointed by the  | 
| 1118 | Governor. | 
| 1119 |      (c)  A family physician licensed under chapter 458 or  | 
| 1120 | chapter 459, Florida Statutes, who provides gynecology services  | 
| 1121 | representing the Florida Academy of Family Physicians, appointed  | 
| 1122 | by the Governor. | 
| 1123 |      (d)  An oncologist licensed as a physician under chapter  | 
| 1124 | 458 or chapter 459, Florida Statutes, representing the Florida  | 
| 1125 | Division of the American Cancer Society, appointed by the  | 
| 1126 | President of the Senate. | 
| 1127 |      (e)  An advanced registered nurse practitioner who  | 
| 1128 | practices gynecology representing the Florida Nurses  | 
| 1129 | Association, appointed by the Speaker of the House of  | 
| 1130 | Representatives. | 
| 1131 |      (f)  A member of the Legislative Women's Caucus, appointed  | 
| 1132 | by the President of the Senate. | 
| 1133 |      (g)  A member of the Legislative Women's Caucus, appointed  | 
| 1134 | by the Speaker of the House of Representatives. | 
| 1135 |      (h)  The chief executive officer of the H. Lee Moffitt  | 
| 1136 | Cancer Center and Research Institute or his or her designee. | 
| 1137 |      (i)  The director of the University of Florida Shands  | 
| 1138 | Cancer Center or his or her designee. | 
| 1139 |      (j)  The director of the University of Miami Sylvester  | 
| 1140 | Comprehensive Cancer Center or his or her designee. | 
| 1141 |      (k)  The chief executive officer of the Mayo Clinic,  | 
| 1142 | Jacksonville, or his or her designee. | 
| 1143 |      (4)  Members of the task force shall be appointed to 4-year  | 
| 1144 | terms without compensation, and each organization represented  | 
| 1145 | shall cover the expenses of its representative. | 
| 1146 |      Section 16.  This act shall take effect upon becoming a  | 
| 1147 | law. |