| 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 Council; providing |
| 59 | for the affairs of the council; requiring an annual |
| 60 | report; specifying the council'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 |
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| 82 |
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| 83 | Be It Enacted by the Legislature of the State of Florida: |
| 84 |
|
| 85 | Section 1. Section 460.4062, Florida Statutes, is created |
| 86 | to read: |
| 87 | 460.4062 Chiropractic medicine faculty certificate.-- |
| 88 | (1) The department may issue a chiropractic medicine |
| 89 | faculty certificate without examination to an individual who |
| 90 | remits a nonrefundable application fee, not to exceed $100 as |
| 91 | determined by rule of the board, and who demonstrates to the |
| 92 | board that he or she meets the following requirements: |
| 93 | (a) Is a graduate of an accredited school or college of |
| 94 | chiropractic accredited by the Council on Chiropractic |
| 95 | Education. |
| 96 | (b) Holds a valid current license to practice chiropractic |
| 97 | medicine in another jurisdiction in the United States. |
| 98 | (c) Is at least 21 years of age and of good moral |
| 99 | character. |
| 100 | (d) Has not committed any act or offense in any |
| 101 | jurisdiction which would constitute the basis for discipline |
| 102 | under this chapter or chapter 456. |
| 103 | (e) Has been offered and has accepted a full-time faculty |
| 104 | appointment to teach in a program of chiropractic medicine at a |
| 105 | publicly funded state university or college and provides a |
| 106 | certification from the dean of the appointing college |
| 107 | acknowledging the appointment. |
| 108 | (2) The certificate shall authorize the holder to practice |
| 109 | only in conjunction with his or her faculty position at a |
| 110 | publicly funded state university or college and its affiliated |
| 111 | clinics that are registered with the board as sites at which |
| 112 | holders of chiropractic medicine faculty certificates will be |
| 113 | practicing. Such certificate shall automatically expire upon |
| 114 | termination of the holder's relationship with the school or |
| 115 | after a period of 2 years, whichever occurs first. |
| 116 | (3) The holder of a faculty certificate may engage in the |
| 117 | practice of chiropractic medicine as permitted by this section. |
| 118 | (4) Notwithstanding subsection (2), a chiropractic |
| 119 | medicine faculty certificate is renewable every 2 years by a |
| 120 | holder who applies to the board on a form prescribed by the |
| 121 | board and who continues to satisfy the requirements set forth in |
| 122 | subsection (1). |
| 123 | Section 2. Section 1004.383, Florida Statutes, is created |
| 124 | to read: |
| 125 | 1004.383 Chiropractic medicine degree program at Florida |
| 126 | State University.--A chiropractic medicine degree program is |
| 127 | authorized at Florida State University. |
| 128 | Section 3. Paragraph (a) of subsection (1) of section |
| 129 | 561.121, Florida Statutes, is amended to read: |
| 130 | 561.121 Deposit of revenue.-- |
| 131 | (1) All state funds collected pursuant to ss. 563.05, |
| 132 | 564.06, and 565.12 shall be paid into the State Treasury and |
| 133 | disbursed in the following manner: |
| 134 | (a)1. Two percent of monthly collections of the excise |
| 135 | taxes on alcoholic beverages established in ss. 563.05, 564.06, |
| 136 | and 565.12 shall be deposited into the Alcoholic Beverage and |
| 137 | Tobacco Trust Fund to meet the division's appropriation for the |
| 138 | state fiscal year. |
| 139 | 2. Beginning July 1, 2004, there is annually distributed |
| 140 | $15 million to the Grants and Donations Trust Fund within the |
| 141 | Department of Elderly Affairs, and these funds are annually |
| 142 | appropriated to support a contract with the Johnnie B. Byrd, |
| 143 | Sr., Alzheimer's Center and Research Institute at the University |
| 144 | of South Florida for the purposes of conducting research, |
| 145 | developing and operating integrated data projects, and providing |
| 146 | assistance to memory disorder clinics as established in s. |
| 147 | 430.502. |
| 148 | 3. Beginning July 1, 2004, there is annually distributed |
| 149 | $6 million to the Biomedical Research Trust Fund within the |
| 150 | Department of Health, and these funds are annually appropriated |
| 151 | to the James and Esther King Biomedical Research Program. From |
| 152 | these funds, up to $250,000 shall be available annually for the |
| 153 | operating costs of the Florida Center for Universal Research to |
| 154 | Eradicate Disease. |
| 155 | 4. Beginning July 1, 2004, there is annually distributed |
| 156 | $9 million to be paid by warrant drawn by the Chief Financial |
| 157 | Officer upon the State Treasury to Florida State University for |
| 158 | the School of Chiropractic Medicine. Notwithstanding the |
| 159 | provisions of chapter 216, until the School of Chiropractic |
| 160 | Medicine is completely staffed and fully operational, these |
| 161 | funds may be used for any purpose by the university. |
| 162 | Section 4. Section 1004.43, Florida Statutes, is amended |
| 163 | to read: |
| 164 | 1004.43 H. Lee Moffitt Cancer Center and Research |
| 165 | Institute.--There is established the H. Lee Moffitt Cancer |
| 166 | Center and Research Institute at the University of South |
| 167 | Florida. |
| 168 | (1) The State Board of Education shall enter into an |
| 169 | agreement for the utilization of the facilities on the campus of |
| 170 | the University of South Florida to be known as the H. Lee |
| 171 | Moffitt Cancer Center and Research Institute, including all |
| 172 | furnishings, equipment, and other chattels used in the operation |
| 173 | of said facilities, with a Florida not-for-profit corporation |
| 174 | organized solely for the purpose of governing and operating the |
| 175 | H. Lee Moffitt Cancer Center and Research Institute. This not- |
| 176 | for-profit corporation, acting as an instrumentality of the |
| 177 | State of Florida, shall govern and operate the H. Lee Moffitt |
| 178 | Cancer Center and Research Institute in accordance with the |
| 179 | terms of the agreement between the State Board of Education and |
| 180 | the not-for-profit corporation. The not-for-profit corporation |
| 181 | may, with the prior approval of the State Board of Education, |
| 182 | create either for-profit or not-for-profit corporate |
| 183 | subsidiaries, or both, to fulfill its mission. For-profit |
| 184 | subsidiaries of the not-for-profit corporation may not compete |
| 185 | with for-profit health care providers in the delivery of |
| 186 | radiation therapy services to patients. The not-for-profit |
| 187 | corporation and its subsidiaries are authorized to receive, |
| 188 | hold, invest, and administer property and any moneys received |
| 189 | from private, local, state, and federal sources, as well as |
| 190 | technical and professional income generated or derived from |
| 191 | practice activities of the institute, for the benefit of the |
| 192 | institute and the fulfillment of its mission. The affairs of the |
| 193 | corporation shall be managed by a board of directors who shall |
| 194 | serve without compensation. The President of the University of |
| 195 | South Florida and the chair of the State Board of Education, or |
| 196 | his or her designee, shall be directors of the not-for-profit |
| 197 | corporation, together with 5 representatives of the state |
| 198 | universities and no more than 14 nor fewer than 10 directors who |
| 199 | are not medical doctors or state employees. Each director shall |
| 200 | have only one vote, shall serve a term of 3 years, and may be |
| 201 | reelected to the board. Other than the President of the |
| 202 | University of South Florida and the chair of the State Board of |
| 203 | Education, directors shall be elected by a majority vote of the |
| 204 | board. The chair of the board of directors shall be selected by |
| 205 | majority vote of the directors. |
| 206 | (2) The State Board of Education shall provide in the |
| 207 | agreement with the not-for-profit corporation for the following: |
| 208 | (a) Approval of the articles of incorporation of the not- |
| 209 | for-profit corporation by the State Board of Education. |
| 210 | (b) Approval of the articles of incorporation of any not- |
| 211 | for-profit corporate subsidiary created by the not-for-profit |
| 212 | corporation. |
| 213 | (c) Utilization of lands, hospital facilities, and |
| 214 | personnel by the not-for-profit corporation and its subsidiaries |
| 215 | for research, education, treatment, prevention, and the early |
| 216 | detection of cancer and for mutually approved teaching and |
| 217 | research programs conducted by the University of South Florida |
| 218 | or other accredited medical schools or research institutes. |
| 219 | (d) Preparation of an annual financial audit of the not- |
| 220 | for-profit corporation's accounts and records and the accounts |
| 221 | and records of any subsidiaries to be conducted by an |
| 222 | independent certified public accountant. The annual audit report |
| 223 | shall include a management letter, as defined in s. 11.45, and |
| 224 | shall be submitted to the Auditor General and the State Board of |
| 225 | Education. The State Board of Education, the Auditor General, |
| 226 | and the Office of Program Policy Analysis and Government |
| 227 | Accountability shall have the authority to require and receive |
| 228 | from the not-for-profit corporation and any subsidiaries or from |
| 229 | their independent auditor any detail or supplemental data |
| 230 | relative to the operation of the not-for-profit corporation or |
| 231 | subsidiary. |
| 232 | (e) Provision by the not-for-profit corporation and its |
| 233 | subsidiaries of equal employment opportunities to all persons |
| 234 | regardless of race, color, religion, sex, age, or national |
| 235 | origin. |
| 236 | (3) The State Board of Education is authorized to secure |
| 237 | comprehensive general liability protection, including |
| 238 | professional liability protection, for the not-for-profit |
| 239 | corporation and its subsidiaries pursuant to s. 1004.24. The |
| 240 | not-for-profit corporation and its subsidiaries shall be exempt |
| 241 | from any participation in any property insurance trust fund |
| 242 | established by law, including any property insurance trust fund |
| 243 | established pursuant to chapter 284, so long as the not-for- |
| 244 | profit corporation and its subsidiaries maintain property |
| 245 | insurance protection with comparable or greater coverage limits. |
| 246 | (4) In the event that the agreement between the not-for- |
| 247 | profit corporation and the State Board of Education is |
| 248 | terminated for any reason, the State Board of Education shall |
| 249 | resume governance and operation of said facilities. |
| 250 | (5) The institute shall be administered by a chief |
| 251 | executive officer who shall serve at the pleasure of the board |
| 252 | of directors of the not-for-profit corporation and who shall |
| 253 | have the following powers and duties subject to the approval of |
| 254 | the board of directors: |
| 255 | (a) The chief executive officer shall establish programs |
| 256 | which fulfill the mission of the institute in research, |
| 257 | education, treatment, prevention, and the early detection of |
| 258 | cancer; however, the chief executive officer shall not establish |
| 259 | academic programs for which academic credit is awarded and which |
| 260 | terminate in the conference of a degree without prior approval |
| 261 | of the State Board of Education. |
| 262 | (b) The chief executive officer shall have control over |
| 263 | the budget and the dollars appropriated or donated to the |
| 264 | institute from private, local, state, and federal sources, as |
| 265 | well as technical and professional income generated or derived |
| 266 | from practice activities of the institute. However, professional |
| 267 | income generated by university faculty from practice activities |
| 268 | at the institute shall be shared between the institute and the |
| 269 | university as determined by the chief executive officer and the |
| 270 | appropriate university dean or vice president. |
| 271 | (c) The chief executive officer shall appoint members to |
| 272 | carry out the research, patient care, and educational activities |
| 273 | of the institute and determine compensation, benefits, and terms |
| 274 | of service. Members of the institute shall be eligible to hold |
| 275 | concurrent appointments at affiliated academic institutions. |
| 276 | University faculty shall be eligible to hold concurrent |
| 277 | appointments at the institute. |
| 278 | (d) The chief executive officer shall have control over |
| 279 | the use and assignment of space and equipment within the |
| 280 | facilities. |
| 281 | (e) The chief executive officer shall have the power to |
| 282 | create the administrative structure necessary to carry out the |
| 283 | mission of the institute. |
| 284 | (f) The chief executive officer shall have a reporting |
| 285 | relationship to the Commissioner of Education. |
| 286 | (g) The chief executive officer shall provide a copy of |
| 287 | the institute's annual report to the Governor and Cabinet, the |
| 288 | President of the Senate, the Speaker of the House of |
| 289 | Representatives, and the chair of the State Board of Education. |
| 290 | (6) The board of directors of the not-for-profit |
| 291 | corporation shall create a council of scientific advisers to the |
| 292 | chief executive officer comprised of leading researchers, |
| 293 | physicians, and scientists. This council shall review programs |
| 294 | and recommend research priorities and initiatives so as to |
| 295 | maximize the state's investment in the institute. The council |
| 296 | shall be appointed by the board of directors of the not-for- |
| 297 | profit corporation and shall include five appointees of the |
| 298 | State Board of Education. Each member of the council shall be |
| 299 | appointed to serve a 2-year term and may be reappointed to the |
| 300 | council. |
| 301 | (7) In carrying out the provisions of this section, the |
| 302 | not-for-profit corporation and its subsidiaries are not |
| 303 | "agencies" within the meaning of s. 20.03(11). |
| 304 | (8)(a) Records of the not-for-profit corporation and of |
| 305 | its subsidiaries are public records unless made confidential or |
| 306 | exempt by law. |
| 307 | (b) Proprietary confidential business information is |
| 308 | confidential and exempt from the provisions of s. 119.07(1) and |
| 309 | s. 24(a), Art. I of the State Constitution. However, the Auditor |
| 310 | General, the Office of Program Policy Analysis and Government |
| 311 | Accountability, and the State Board of Education, pursuant to |
| 312 | their oversight and auditing functions, must be given access to |
| 313 | all proprietary confidential business information upon request |
| 314 | and without subpoena and must maintain the confidentiality of |
| 315 | information so received. As used in this paragraph, the term |
| 316 | "proprietary confidential business information" means |
| 317 | information, regardless of its form or characteristics, which is |
| 318 | owned or controlled by the not-for-profit corporation or its |
| 319 | subsidiaries; is intended to be and is treated by the not-for- |
| 320 | profit corporation or its subsidiaries as private and the |
| 321 | disclosure of which would harm the business operations of the |
| 322 | not-for-profit corporation or its subsidiaries; has not been |
| 323 | intentionally disclosed by the corporation or its subsidiaries |
| 324 | unless pursuant to law, an order of a court or administrative |
| 325 | body, a legislative proceeding pursuant to s. 5, Art. III of the |
| 326 | State Constitution, or a private agreement that provides that |
| 327 | the information may be released to the public; and which is |
| 328 | information concerning: |
| 329 | 1. Internal auditing controls and reports of internal |
| 330 | auditors; |
| 331 | 2. Matters reasonably encompassed in privileged attorney- |
| 332 | client communications; |
| 333 | 3. Contracts for managed-care arrangements, including |
| 334 | preferred provider organization contracts, health maintenance |
| 335 | organization contracts, and exclusive provider organization |
| 336 | contracts, and any documents directly relating to the |
| 337 | negotiation, performance, and implementation of any such |
| 338 | contracts for managed-care arrangements; |
| 339 | 4. Bids or other contractual data, banking records, and |
| 340 | credit agreements the disclosure of which would impair the |
| 341 | efforts of the not-for-profit corporation or its subsidiaries to |
| 342 | contract for goods or services on favorable terms; |
| 343 | 5. Information relating to private contractual data, the |
| 344 | disclosure of which would impair the competitive interest of the |
| 345 | provider of the information; |
| 346 | 6. Corporate officer and employee personnel information; |
| 347 | 7. Information relating to the proceedings and records of |
| 348 | credentialing panels and committees and of the governing board |
| 349 | of the not-for-profit corporation or its subsidiaries relating |
| 350 | to credentialing; |
| 351 | 8. Minutes of meetings of the governing board of the not- |
| 352 | for-profit corporation and its subsidiaries, except minutes of |
| 353 | meetings open to the public pursuant to subsection (9); |
| 354 | 9. Information that reveals plans for marketing services |
| 355 | that the corporation or its subsidiaries reasonably expect to be |
| 356 | provided by competitors; |
| 357 | 10. Trade secrets as defined in s. 688.002, including |
| 358 | reimbursement methodologies or rates; or |
| 359 | 11. The identity of donors or prospective donors of |
| 360 | property who wish to remain anonymous or any information |
| 361 | identifying such donors or prospective donors. The anonymity of |
| 362 | these donors or prospective donors must be maintained in the |
| 363 | auditor's report. |
| 364 |
|
| 365 | As used in this paragraph, the term "managed care" means systems |
| 366 | or techniques generally used by third-party payors or their |
| 367 | agents to affect access to and control payment for health care |
| 368 | services. Managed-care techniques most often include one or more |
| 369 | of the following: prior, concurrent, and retrospective review of |
| 370 | the medical necessity and appropriateness of services or site of |
| 371 | services; contracts with selected health care providers; |
| 372 | financial incentives or disincentives related to the use of |
| 373 | specific providers, services, or service sites; controlled |
| 374 | access to and coordination of services by a case manager; and |
| 375 | payor efforts to identify treatment alternatives and modify |
| 376 | benefit restrictions for high-cost patient care. |
| 377 | (9) Meetings of the governing board of the not-for-profit |
| 378 | corporation and meetings of the subsidiaries of the not-for- |
| 379 | profit corporation at which the expenditure of dollars |
| 380 | appropriated to the not-for-profit corporation by the state are |
| 381 | discussed or reported must remain open to the public in |
| 382 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
| 383 | Constitution, unless made confidential or exempt by law. Other |
| 384 | meetings of the governing board of the not-for-profit |
| 385 | corporation and of the subsidiaries of the not-for-profit |
| 386 | corporation are exempt from s. 286.011 and s. 24(b), Art. I of |
| 387 | the State Constitution. |
| 388 | (10) In addition to the continuing appropriation to the |
| 389 | institute provided in s. 210.20(2), any appropriation to the |
| 390 | institute provided in a general appropriations act shall be paid |
| 391 | directly to the board of directors of the not-for-profit |
| 392 | corporation by warrant drawn by the Chief Financial Officer from |
| 393 | the State Treasury. |
| 394 | Section 5. Section 1004.445, Florida Statutes, is amended |
| 395 | to read: |
| 396 | 1004.445 Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
| 397 | and Research Institute.-- |
| 398 | (1) Effective July 1, 2002, The Johnnie B. Byrd, Sr., |
| 399 | Florida Alzheimer's Center and Research Institute is established |
| 400 | at the University of South Florida. |
| 401 | (2)(a) The State Board of Education shall enter into an |
| 402 | agreement for the utilization of the facilities on the campus of |
| 403 | the University of South Florida to be known as the Johnnie B. |
| 404 | Byrd, Sr., Florida Alzheimer's Center and Research Institute, |
| 405 | including all furnishings, equipment, and other chattels used in |
| 406 | the operation of those facilities, with a Florida not-for-profit |
| 407 | corporation organized solely for the purpose of governing and |
| 408 | operating the Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
| 409 | and Research Institute. This not-for-profit corporation, acting |
| 410 | as an instrumentality of the state, shall govern and operate the |
| 411 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
| 412 | Institute in accordance with the terms of the agreement between |
| 413 | the State Board of Education and the not-for-profit corporation. |
| 414 | The not-for-profit corporation may, with the prior approval of |
| 415 | the State Board of Education, create either for-profit or not- |
| 416 | for-profit corporate subsidiaries, or both, to fulfill its |
| 417 | mission. The not-for-profit corporation and its subsidiaries are |
| 418 | authorized to receive, hold, invest, and administer property and |
| 419 | any moneys acquired from private, local, state, and federal |
| 420 | sources, as well as technical and professional income generated |
| 421 | or derived from practice activities of the institute, for the |
| 422 | benefit of the institute and the fulfillment of its mission. |
| 423 | (b)1. The affairs of the not-for-profit corporation shall |
| 424 | be managed by a board of directors who shall serve without |
| 425 | compensation. The board of directors shall consist of the |
| 426 | President of the University of South Florida and the chair of |
| 427 | the State Board of Education, or their designees, 5 |
| 428 | representatives of the state universities, and no fewer than 9 |
| 429 | nor more than 14 representatives of the public who are neither |
| 430 | medical doctors nor state employees. Each director who is a |
| 431 | representative of a state university or of the public shall be |
| 432 | appointed to serve a term of 3 years. The chair of the board of |
| 433 | directors shall be selected by a majority vote of the directors. |
| 434 | Each director shall have only one vote. |
| 435 | 2. The initial board of directors shall consist of the |
| 436 | President of the University of South Florida and the chair of |
| 437 | the State Board of Education, or their designees; the five |
| 438 | university representatives, of whom one shall be appointed by |
| 439 | the Governor, two by the President of the Senate, and two by the |
| 440 | Speaker of the House of Representatives; and nine public |
| 441 | representatives, of whom three shall be appointed by the |
| 442 | Governor, three by the President of the Senate, and three by the |
| 443 | Speaker of the House of Representatives. Upon the expiration of |
| 444 | the terms of the initial appointed directors, all directors |
| 445 | subject to 3-year terms of office under this paragraph shall be |
| 446 | appointed by a majority vote of the directors and the board may |
| 447 | be expanded to include additional public representative |
| 448 | directors up to the maximum number allowed. Any vacancy in |
| 449 | office shall be filled for the remainder of the term by majority |
| 450 | vote of the directors. Any director may be reappointed. |
| 451 | (3) The State Board of Education shall provide in the |
| 452 | agreement with the not-for-profit corporation for the following: |
| 453 | (a) Approval by the State Board of Education of the |
| 454 | articles of incorporation of the not-for-profit corporation. |
| 455 | (b) Approval by the State Board of Education of the |
| 456 | articles of incorporation of any not-for-profit corporate |
| 457 | subsidiary created by the not-for-profit corporation. |
| 458 | (c) Utilization of lands, hospital facilities, and |
| 459 | personnel by the not-for-profit corporation and its subsidiaries |
| 460 | for research, education, treatment, prevention, and the early |
| 461 | detection of Alzheimer's disease and for mutually approved |
| 462 | teaching and research programs conducted by the University of |
| 463 | South Florida or other accredited medical schools or research |
| 464 | institutes. |
| 465 | (d) Preparation of an annual postaudit of the not-for- |
| 466 | profit corporation's financial accounts and the financial |
| 467 | accounts of any subsidiaries to be conducted by an independent |
| 468 | certified public accountant. The annual audit report shall |
| 469 | include management letters and shall be submitted to the Auditor |
| 470 | General and the State Board of Education for review. The State |
| 471 | Board of Education, the Auditor General, and the Office of |
| 472 | Program Policy Analysis and Government Accountability shall have |
| 473 | the authority to require and receive from the not-for-profit |
| 474 | corporation and any subsidiaries, or from their independent |
| 475 | auditor, any detail or supplemental data relative to the |
| 476 | operation of the not-for-profit corporation or subsidiary. |
| 477 | (e) Provision by the not-for-profit corporation and its |
| 478 | subsidiaries of equal employment opportunities for all persons |
| 479 | regardless of race, color, religion, gender, age, or national |
| 480 | origin. |
| 481 | (4) The State Board of Education is authorized to secure |
| 482 | comprehensive general liability protection, including |
| 483 | professional liability protection, for the not-for-profit |
| 484 | corporation and its subsidiaries, pursuant to s. 1004.24. The |
| 485 | not-for-profit corporation and its subsidiaries shall be exempt |
| 486 | from any participation in any property insurance trust fund |
| 487 | established by law, including any property insurance trust fund |
| 488 | established pursuant to chapter 284, so long as the not-for- |
| 489 | profit corporation and its subsidiaries maintain property |
| 490 | insurance protection with comparable or greater coverage limits. |
| 491 | (5) In the event that the agreement between the not-for- |
| 492 | profit corporation and the State Board of Education is |
| 493 | terminated for any reason, the State Board of Education shall |
| 494 | assume governance and operation of the facilities. |
| 495 | (6) The institute shall be administered by a chief |
| 496 | executive officer, who shall be appointed by and serve at the |
| 497 | pleasure of the board of directors of the not-for-profit |
| 498 | corporation, and who shall exercise the following powers and |
| 499 | duties, subject to the approval of the board of directors: |
| 500 | (a) The chief executive officer shall establish programs |
| 501 | that fulfill the mission of the institute in research, |
| 502 | education, treatment, prevention, and early detection of |
| 503 | Alzheimer's disease; however, the chief executive officer may |
| 504 | not establish academic programs for which academic credit is |
| 505 | awarded and which culminate in the conferring of a degree, |
| 506 | without prior approval of the State Board of Education. |
| 507 | (b) The chief executive officer shall have control over |
| 508 | the budget and the moneys appropriated or donated to the |
| 509 | institute from private, local, state, and federal sources, as |
| 510 | well as technical and professional income generated or derived |
| 511 | from practice activities of the institute. However, professional |
| 512 | income generated by university faculty from practice activities |
| 513 | at the institute shall be shared between the institute and the |
| 514 | university as determined by the chief executive officer and the |
| 515 | appropriate university dean or vice president. |
| 516 | (c) The chief executive officer shall appoint |
| 517 | representatives of the institute to carry out the research, |
| 518 | patient care, and educational activities of the institute and |
| 519 | establish the compensation, benefits, and terms of service of |
| 520 | such representatives. Representatives of the institute shall be |
| 521 | eligible to hold concurrent appointments at affiliated academic |
| 522 | institutions. University faculty shall be eligible to hold |
| 523 | concurrent appointments at the institute. |
| 524 | (d) The chief executive officer shall have control over |
| 525 | the use and assignment of space and equipment within the |
| 526 | facilities. |
| 527 | (e) The chief executive officer shall have the power to |
| 528 | create the administrative structure necessary to carry out the |
| 529 | mission of the institute. |
| 530 | (f) The chief executive officer shall have a reporting |
| 531 | relationship to the Commissioner of Education. |
| 532 | (g) The chief executive officer shall provide a copy of |
| 533 | the institute's annual report to the Governor and Cabinet, the |
| 534 | President of the Senate, the Speaker of the House of |
| 535 | Representatives, and the chair of the State Board of Education. |
| 536 | (7) The board of directors of the not-for-profit |
| 537 | corporation shall create a council of scientific advisers to the |
| 538 | chief executive officer comprised of leading researchers, |
| 539 | physicians, and scientists. The council shall review programs |
| 540 | and recommend research priorities and initiatives to maximize |
| 541 | the state's investment in the institute. The members of the |
| 542 | council shall be appointed by the board of directors of the not- |
| 543 | for-profit corporation, except for five members who shall be |
| 544 | appointed by the State Board of Education. Each member of the |
| 545 | council shall be appointed to serve a 2-year term and may be |
| 546 | reappointed to the council. |
| 547 | (8) In carrying out the provisions of this section, the |
| 548 | not-for-profit corporation and its subsidiaries are not agencies |
| 549 | within the meaning of s. 20.03(11). |
| 550 | (9) The following information is confidential and exempt |
| 551 | from the provisions of s. 119.07(1) and s. 24, Art. I of the |
| 552 | State Constitution: |
| 553 | (a) Personal identifying information relating to clients |
| 554 | of programs created or funded through the Johnnie B. Byrd, Sr., |
| 555 | Florida Alzheimer's Center and Research Institute which is held |
| 556 | by the institute, University of South Florida, or State Board of |
| 557 | Education or by persons who provide services to clients of |
| 558 | programs created or funded through contracts with the Johnnie B. |
| 559 | Byrd, Sr., Florida Alzheimer's Center and Research Institute; |
| 560 | (b) Any medical or health records relating to patients |
| 561 | which may be created or received by the institute; |
| 562 | (c) Materials that relate to methods of manufacture or |
| 563 | production, potential trade secrets, potentially patentable |
| 564 | material, actual trade secrets as defined in s. 688.002, or |
| 565 | proprietary information received, generated, ascertained, or |
| 566 | discovered during the course of research conducted by or through |
| 567 | the institute and business transactions resulting from such |
| 568 | research; |
| 569 | (d) The identity of a donor or prospective donor to the |
| 570 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
| 571 | Institute who wishes to remain anonymous, and all information |
| 572 | identifying such donor or prospective donor; |
| 573 | (e) Any information received by the institute in the |
| 574 | performance of its duties and responsibilities which is |
| 575 | otherwise confidential and exempt by law; and |
| 576 | (f) Any information received by the institute from a |
| 577 | person from another state or nation or the Federal Government |
| 578 | which is otherwise confidential or exempt pursuant to that |
| 579 | state's or nation's laws or pursuant to federal law. |
| 580 |
|
| 581 | Any governmental entity that demonstrates a need to access such |
| 582 | confidential and exempt information in order to perform its |
| 583 | duties and responsibilities shall have access to such |
| 584 | information and shall otherwise keep such information |
| 585 | confidential and exempt. This section is subject to the Open |
| 586 | Government Sunset Review Act of 1995 in accordance with s. |
| 587 | 119.15 and shall stand repealed on October 2, 2006, unless |
| 588 | reviewed and saved from repeal through reenactment by the |
| 589 | Legislature. |
| 590 | (10) Any appropriation to the institute provided in a |
| 591 | general appropriations act shall be paid directly to the board |
| 592 | of directors of the not-for-profit corporation by warrant drawn |
| 593 | by the Chief Financial Officer from the State Treasury. |
| 594 | Section 6. Florida Center for Universal Research to |
| 595 | Eradicate Disease.-- |
| 596 | (1) The Legislature finds that an estimated 128 million |
| 597 | Americans suffer from acute, chronic, and degenerative diseases |
| 598 | and that biomedical research is the key to finding cures for |
| 599 | these diseases that negatively affect all Floridians. The |
| 600 | Legislature further finds that, while there is much research |
| 601 | being conducted throughout this state and throughout the world, |
| 602 | there is a lack of coordination of efforts among researchers. |
| 603 | The Legislature, therefore, finds that there is a significant |
| 604 | need for a coordinated effort if the goal of curing disease is |
| 605 | to be achieved. Moreover, the Legislature finds that the |
| 606 | biomedical technology sector meets the criteria of a high-impact |
| 607 | sector, pursuant to section 288.108, Florida Statutes, having a |
| 608 | high importance to this state's economy with a significant |
| 609 | potential for growth and contribution to our universities and |
| 610 | quality of life. |
| 611 | (2) It is the intent of the Legislature that Florida |
| 612 | strive to become the nation's leader in biomedical research and |
| 613 | commit itself to being the state to find cures for the most |
| 614 | deadly and widespread diseases. It is further the intent of the |
| 615 | Legislature that there be a coordinated effort among the state's |
| 616 | public and private universities and the biomedical industry to |
| 617 | discover such cures. Moreover, it is the intent of the |
| 618 | Legislature to expand the state economy by attracting biomedical |
| 619 | researchers and research companies to this state. |
| 620 | (3) There is established within the Department of Health |
| 621 | the Florida Center for Universal Research to Eradicate Disease, |
| 622 | which shall be known as "CURED." |
| 623 | (a) The purpose of the center is to coordinate, improve, |
| 624 | expand, and monitor all biomedical research programs within the |
| 625 | state, facilitate funding opportunities, and foster improved |
| 626 | technology transfer of research findings into clinical trials |
| 627 | and widespread public use. |
| 628 | (b) The goal of the center is to find cures for diseases |
| 629 | such as cancer, heart disease, lung disease, diabetes, |
| 630 | autoimmune disorders, and neurological disorders, including |
| 631 | Alzheimer's disease, epilepsy, and Parkinson's disease. |
| 632 | (c) The center shall hold an annual biomedical technology |
| 633 | summit in Florida to which biomedical researchers, biomedical |
| 634 | technology companies, business incubators, pharmaceutical |
| 635 | manufacturers, and others around the nation and world are |
| 636 | invited to share biomedical research findings in order to |
| 637 | expedite the discovery of cures. Summit attendees shall cover |
| 638 | the costs of such attendance or obtain sponsorship for such |
| 639 | attendance. |
| 640 | (d) The center shall encourage clinical trials in this |
| 641 | state on research that holds promise of curing a disease or |
| 642 | condition. The center shall facilitate partnerships between |
| 643 | researchers, treating physicians, and community hospitals for |
| 644 | the purpose of sharing new techniques and new research findings, |
| 645 | as well as coordinating voluntary donations to ensure an |
| 646 | adequate supply of adult stem cells, placentas, or cord blood. |
| 647 | (e) The center shall facilitate the formation of |
| 648 | partnerships between researchers in this state and institutions |
| 649 | in other states and countries where research with rare plants or |
| 650 | animals could lead to cures. |
| 651 | (f) The center shall encourage agricultural colleges and |
| 652 | agricultural businesses in this state to be active in the search |
| 653 | for cures and in providing information to the public about |
| 654 | disease prevention. |
| 655 | (g) The center shall facilitate partnerships among |
| 656 | researchers working to cure all types of diseases, including |
| 657 | those that are prevalent in developed countries and those that |
| 658 | occur mainly in developing countries. |
| 659 | (h) The center shall also encourage the discovery and |
| 660 | production in Florida of vaccines that prevent disease. |
| 661 | (i) The center shall monitor the supply and demand needs |
| 662 | of researchers relating to stem cell research and other types of |
| 663 | human tissue research. If the center determines that there is a |
| 664 | need for increased donation of human tissue, it shall notify |
| 665 | hospitals licensed pursuant to chapter 395, Florida Statutes, |
| 666 | which have entered into partnership agreements with research |
| 667 | institutes conducting stem cell research located in the same |
| 668 | geographic region as the researchers demanding the stem cells or |
| 669 | other tissues. Such hospitals shall implement programs that |
| 670 | encourage voluntary donations of cord blood or other needed |
| 671 | adult tissue. |
| 672 | (j) The center shall be funded through private, state, and |
| 673 | federal sources. |
| 674 | (k) The center shall serve as a registry of all known |
| 675 | opportunities for biomedical grants and may assist any public or |
| 676 | private biomedical research program in this state in preparing |
| 677 | grant requests. |
| 678 | (l) The center shall maintain a website with links to |
| 679 | peer-reviewed biomedical research. The website shall also |
| 680 | contain a list of all known biomedical research being conducted |
| 681 | in Florida and shall facilitate communication among researchers |
| 682 | and other interested parties. |
| 683 | (m) The center shall submit an annual report to the |
| 684 | Governor, the President of the Senate, and the Speaker of the |
| 685 | House of Representatives no later than January 15 which contains |
| 686 | recommendations for legislative change necessary to foster a |
| 687 | positive climate for biomedical research in this state. |
| 688 | (4) The Department of Health may outsource the duties of |
| 689 | the center to a private entity or state university. |
| 690 | (5) There is established within the center an advisory |
| 691 | council that shall meet at least annually. |
| 692 | (a) The council shall consist of the members of the board |
| 693 | of directors of the Florida Research Consortium and at least one |
| 694 | representative from: |
| 695 | 1. The Emerging Technology Commission. |
| 696 | 2. Enterprise Florida, Inc. |
| 697 | 3. BioFlorida. |
| 698 | 4. The Biomedical Research Advisory Council. |
| 699 | 5. The Florida Medical Foundation. |
| 700 | 6. Pharmaceutical Research and Manufacturers of America. |
| 701 | 7. The Florida Tri-Agency Coalition on Smoking OR Health. |
| 702 | Remove line(s) 706-1100 and insert: |
| 703 | 8. The Florida Cancer Council. |
| 704 | 9. The American Cancer Society, Florida Division, Inc. |
| 705 | 10. The American Heart Association. |
| 706 | 11. The American Lung Association of Florida. |
| 707 | 12. The American Diabetes Association, South Coastal |
| 708 | Region. |
| 709 | 13. The Alzheimer's Association. |
| 710 | 14. The Epilepsy Foundation. |
| 711 | 15. The National Parkinson Foundation. |
| 712 | 16. The Florida Public Health Foundation, Inc. |
| 713 | 17. Scripps Florida or the entity formed in this state by |
| 714 | The Scripps Research Institute. |
| 715 | (b) Members of the council shall serve without |
| 716 | compensation and each organization represented shall cover all |
| 717 | expenses of its representative. |
| 718 | Section 7. Paragraph (d) of subsection (1) of section |
| 719 | 215.5601, Florida Statutes, is amended to read: |
| 720 | 215.5601 Lawton Chiles Endowment Fund.-- |
| 721 | (1) LEGISLATIVE INTENT.--It is the intent of the |
| 722 | Legislature to: |
| 723 | (d) Provide funds to help support public-health and |
| 724 | biomedical research for the prevention, diagnosis, and |
| 725 | treatment, and cure of diseases related to tobacco use by |
| 726 | creating an annual and perpetual source of funding for |
| 727 | biomedical research in the state in order to expand the |
| 728 | foundation of biomedical knowledge relating to the prevention, |
| 729 | diagnosis, and treatment, and cure of diseases related to |
| 730 | tobacco use, including cancer, cardiovascular disease, stroke, |
| 731 | and pulmonary disease; improve the quality of the state's |
| 732 | academic health centers by bringing the advances of biomedical |
| 733 | research into the training of physicians and other health care |
| 734 | providers; and increase the state's per capita funding for |
| 735 | biomedical research by undertaking new initiatives in biomedical |
| 736 | research which will attract additional funding from outside the |
| 737 | state while also stimulating economic activity in the state in |
| 738 | areas related to biomedical research, such as the research and |
| 739 | production of pharmaceuticals, biotechnology, and medical |
| 740 | devices. |
| 741 | Section 8. Paragraphs (a) and (b) of subsection (1) and |
| 742 | subsections (2) and (10) of section 215.5602, Florida Statutes, |
| 743 | are amended to read: |
| 744 | 215.5602 James and Esther King Biomedical Research |
| 745 | Program.-- |
| 746 | (1) There is established within the Department of Health |
| 747 | the James and Esther King Biomedical Research Program funded by |
| 748 | the proceeds of the Lawton Chiles Endowment Fund pursuant to s. |
| 749 | 215.5601. The purpose of the James and Esther King Biomedical |
| 750 | Research Program is to provide an annual and perpetual source of |
| 751 | funding in order to support research initiatives that address |
| 752 | the health care problems of Floridians in the areas of tobacco- |
| 753 | related cancer, cardiovascular disease, stroke, and pulmonary |
| 754 | disease. The long-term goals of the program are to: |
| 755 | (a) Improve the health of Floridians by researching better |
| 756 | prevention, diagnoses, and treatments, and cures for cancer, |
| 757 | cardiovascular disease, stroke, and pulmonary disease. |
| 758 | (b) Expand the foundation of biomedical knowledge relating |
| 759 | to the prevention, diagnosis, and treatment, and cure of |
| 760 | diseases related to tobacco use, including cancer, |
| 761 | cardiovascular disease, stroke, and pulmonary disease. |
| 762 | (2) Funds appropriated for the James and Esther King |
| 763 | Biomedical Research Program shall be used exclusively for the |
| 764 | award of grants and fellowships as established in this section; |
| 765 | for research relating to the prevention, diagnosis, and |
| 766 | treatment, and cure of diseases related to tobacco use, |
| 767 | including cancer, cardiovascular disease, stroke, and pulmonary |
| 768 | disease; and for expenses incurred in the administration of this |
| 769 | section. Priority shall be granted to research designed to |
| 770 | prevent or cure disease. |
| 771 | (10) The council shall submit an annual progress report on |
| 772 | the state of biomedical research in this state to the Florida |
| 773 | Center for Universal Research to Eradicate Disease and to the |
| 774 | Governor, the Secretary of Health, the President of the Senate, |
| 775 | and the Speaker of the House of Representatives by February 1. |
| 776 | The report must include: |
| 777 | (a) A list of research projects supported by grants or |
| 778 | fellowships awarded under the program. |
| 779 | (b) A list of recipients of program grants or fellowships. |
| 780 | (c) A list of publications in peer reviewed journals |
| 781 | involving research supported by grants or fellowships awarded |
| 782 | under the program. |
| 783 | (d) The total amount of biomedical research funding |
| 784 | currently flowing into the state. |
| 785 | (e) New grants for biomedical research which were funded |
| 786 | based on research supported by grants or fellowships awarded |
| 787 | under the program. |
| 788 | (f) Progress in the prevention, diagnosis, and treatment, |
| 789 | and cure of diseases related to tobacco use, including cancer, |
| 790 | cardiovascular disease, stroke, and pulmonary disease. |
| 791 | Section 9. (1) The Life Sciences Building at Florida |
| 792 | State University in Tallahassee is designated as the "James E. |
| 793 | 'Jim' King, Jr., Building." |
| 794 | (2) Florida State University is authorized to erect |
| 795 | markers for the designation of the James E. "Jim" King, Jr., |
| 796 | Building as described in subsection (1). |
| 797 | Section 10. Florida Cancer Council.-- |
| 798 | (1) Effective July 1, 2004, the Florida Cancer Council |
| 799 | within the Department of Health is established for the purpose |
| 800 | of making the state a center of excellence for cancer research. |
| 801 | (2)(a) The council shall be representative of the state's |
| 802 | cancer centers, hospitals, and patient groups, and shall be |
| 803 | organized and shall operate in accordance with this act. |
| 804 | (b) The Florida Cancer Council may create not-for-profit |
| 805 | corporate subsidiaries to fulfill its mission. The council and |
| 806 | its subsidiaries are authorized to receive, hold, invest, and |
| 807 | administer property and any moneys acquired from private, local, |
| 808 | state, and federal sources, as well as technical and |
| 809 | professional income generated or derived from the mission- |
| 810 | related activities of the council. |
| 811 | (c) The members of the council shall consist of: |
| 812 | 1. Chairman of the Florida Dialogue on Cancer, who shall |
| 813 | serve as the chairman of the council; |
| 814 | 2. Secretary of the Department of Health or his or her |
| 815 | designee; |
| 816 | 3. Chief Executive Officer of the H. Lee Moffitt Cancer |
| 817 | Center or his or her designee; |
| 818 | 4. Director of the University of Florida Shands Cancer |
| 819 | Center or his or her designee; |
| 820 | 5. Chief Executive Officer of the University of Miami |
| 821 | Sylvester Comprehensive Cancer Center or his or her designee; |
| 822 | 6. Chief Executive Officer of the Mayo Clinic, |
| 823 | Jacksonville or his or her designee; |
| 824 | 7. Chief Executive Officer of the American Cancer Society, |
| 825 | Florida Division or his or her designee; |
| 826 | 8. President of the American Cancer Society, Florida |
| 827 | Division Board of Directors or his or her designee; |
| 828 | 9. President of the Florida Society of Clinical Oncology |
| 829 | or his or her designee; |
| 830 | 10. President of the American College of Surgeons, Florida |
| 831 | Chapter, or his or her designee; |
| 832 | 11. Chief Executive Officer of Enterprise Florida, Inc., |
| 833 | or his or her designee; |
| 834 | 12. Five representatives from cancer programs approved by |
| 835 | the American College of Surgeons. Three shall be appointed by |
| 836 | the Governor, one shall be appointed by the Speaker of the House |
| 837 | of Representatives, and one shall be appointed by the President |
| 838 | of the Senate; |
| 839 | 13. One member of the House of Representatives, to be |
| 840 | appointed by the Speaker of the House of Representatives; and |
| 841 | 14. One member of the Senate, to be appointed by the |
| 842 | President of the Senate. |
| 843 | (d) Appointments made by the Speaker of the House of |
| 844 | Representatives and the President of the Senate pursuant to |
| 845 | paragraph (c) shall be for 2-year terms, concurrent with the |
| 846 | bienniums in which they serve as presiding officers. |
| 847 | (e) Appointments made by the Governor pursuant to |
| 848 | paragraph (c) shall be for 2-year terms, although the Governor |
| 849 | may reappoint members. |
| 850 | (f) Members of the council or any subsidiaries shall serve |
| 851 | without compensation, and each organization represented on the |
| 852 | council shall cover the expenses of its representatives. |
| 853 | (3) The council shall issue an annual report to the Center |
| 854 | for Universal Research to Eradicate Disease, the Governor, the |
| 855 | Speaker of the House of Representatives, and the President of |
| 856 | the Senate by December 15 of each year, with policy and funding |
| 857 | recommendations regarding cancer research capacity in Florida |
| 858 | and related issues. |
| 859 | Section 11. Florida Cancer Council, mission and |
| 860 | duties.--The council, which shall work in concert with the |
| 861 | Florida Center for Universal Research to Eradicate Disease to |
| 862 | ensure that the goals of the center are advanced, shall endeavor |
| 863 | to dramatically improve cancer research and treatment in this |
| 864 | state through: |
| 865 | (1) Efforts to significantly expand cancer research |
| 866 | capacity in the state by: |
| 867 | (a) Identifying ways to attract new research talent and |
| 868 | attendant national grant producing researchers to Florida-based |
| 869 | cancer research facilities; |
| 870 | (b) Implementing a peer-reviewed, competitive process to |
| 871 | identify and fund the best proposals to expand cancer research |
| 872 | institutes in this state; |
| 873 | (c) Funding through available resources for those |
| 874 | proposals that demonstrate the greatest opportunity to attract |
| 875 | federal research grants and private financial support; |
| 876 | (d) Encouraging the employment of bioinformatics in order |
| 877 | to create a cancer informatics infrastructure that enhances |
| 878 | information and resource exchange and integration through |
| 879 | researchers working in diverse disciplines, to facilitate the |
| 880 | full spectrum of cancer investigations; |
| 881 | (e) Facilitating the technical coordination, business |
| 882 | development, and support of intellectual property as it relates |
| 883 | to the advancement of cancer research; and |
| 884 | (f) Aiding in other multidisciplinary research-support |
| 885 | activities as they inure to the advancement of cancer research. |
| 886 | (2) Efforts to improve both research and treatment through |
| 887 | greater participation in clinical trials networks by: |
| 888 | (a) Identifying ways to increase adult enrollment in |
| 889 | cancer clinical trials; |
| 890 | (b) Supporting public and private professional education |
| 891 | programs designed to increase the awareness and knowledge about |
| 892 | cancer clinical trials; |
| 893 | (c) Providing tools to cancer patients and community-based |
| 894 | oncologists to aid in the identification of cancer clinical |
| 895 | trials available in the state; and |
| 896 | (d) Creating opportunities for the state's academic cancer |
| 897 | centers to collaborate with community-based oncologists in |
| 898 | cancer clinical trials networks. |
| 899 | (3) Efforts to reduce the impact of cancer on disparate |
| 900 | groups by: |
| 901 | (a) Identifying those cancers that disproportionately |
| 902 | impact certain demographic groups; and |
| 903 | (b) Building collaborations designed to reduce health |
| 904 | disparities as they relate to cancer. |
| 905 | Section 12. The Florida Public Health Foundation, Inc.; |
| 906 | establishment; purpose; mission; duties; board of directors.-- |
| 907 | (1) The Florida Public Health Foundation, Inc., referred |
| 908 | to in this section as "the corporation," is established for the |
| 909 | purpose of disseminating breakthrough findings in biomedical |
| 910 | research and promoting health awareness in this state. |
| 911 | (2) The corporation's mission includes disseminating |
| 912 | information about innovative biomedical research and clinical |
| 913 | trials in this state as well as making Floridians and their |
| 914 | treatment providers aware of specified diseases and conditions |
| 915 | and available methods of preventing, diagnosing, treating, and |
| 916 | curing those diseases and conditions. |
| 917 | (3) The purpose and objective of the corporation shall be |
| 918 | to operate exclusively for charitable, scientific, and |
| 919 | educational purposes; to protect and improve the health and |
| 920 | well-being of Florida's people and environment through |
| 921 | partnerships committed to program innovation, education, applied |
| 922 | research, and policy development; and to engage in charitable |
| 923 | programs dedicated to improving the health of Floridians. |
| 924 | (4) The corporation shall be established as a not-for- |
| 925 | profit entity qualifying under section 501(c)(3) of the Internal |
| 926 | Revenue Code. The corporation may receive, hold, invest, and |
| 927 | administer property and any moneys acquired from private, local, |
| 928 | state, and federal sources, as well as technical and |
| 929 | professional income generated or derived from the mission- |
| 930 | related activities of the corporation. The corporation shall |
| 931 | have all of the powers conferred upon corporations organized |
| 932 | under chapter 617, Florida Statutes. |
| 933 | (5) The corporation's duties include procuring funds |
| 934 | necessary for accomplishing the purpose and mission of the |
| 935 | corporation. The corporation shall strive to complement, |
| 936 | supplement, and enhance the missions of the various |
| 937 | organizations, entities, and departments represented on its |
| 938 | board by serving as the lead corporation in the state for |
| 939 | promoting public health awareness. |
| 940 | (6) The affairs of the corporation shall be managed by an |
| 941 | executive director appointed by a board of directors consisting |
| 942 | of: |
| 943 | (a) The Secretary of Health or his or her designee. |
| 944 | (b) A former member of the Senate appointed by the |
| 945 | President of the Senate. |
| 946 | (c) A former member of the House of Representatives |
| 947 | appointed by the Speaker of the House of Representatives. |
| 948 | (d) A representative of the American Heart Association. |
| 949 | (e) A representative of the American Cancer Society, |
| 950 | Florida Division, Inc. |
| 951 | (f) A representative of the American Lung Association of |
| 952 | Florida. |
| 953 | (g) A representative of the American Diabetes Association, |
| 954 | South Coastal Region. |
| 955 | (h) A representative of the Alzheimer's Association. |
| 956 | (i) A representative of the Epilepsy Foundation. |
| 957 | (j) A representative of the National Parkinson Foundation. |
| 958 | (k) A representative of the March of Dimes, Florida |
| 959 | Chapter. |
| 960 | (l) A representative of the Arthritis Foundation, Florida |
| 961 | Chapter. |
| 962 | (m) A representative of the American Liver Foundation. |
| 963 | (n) A representative of the Florida Council for Behavioral |
| 964 | Healthcare, Inc. |
| 965 | (o) A representative of the Florida Alcohol and Drug Abuse |
| 966 | Association. |
| 967 | (p) A representative of Pharmaceutical Research and |
| 968 | Manufacturers of America. |
| 969 | (q) A representative of the Florida Public Health |
| 970 | Association. |
| 971 | (r) A representative of the Florida Association of County |
| 972 | Health Officers. |
| 973 | (s) A public health academician selected by the State |
| 974 | Health Officer. |
| 975 | (t) A representative of the Florida Academy of Family |
| 976 | Physicians. |
| 977 | (u) Three consumers who have demonstrated an interest in |
| 978 | protecting the public health appointed by the Florida Public |
| 979 | Health Association. |
| 980 | (7) Members of the board of directors shall serve for 2- |
| 981 | year terms and shall serve without compensation. Each |
| 982 | organization represented on the board of directors shall cover |
| 983 | the expenses of its representative. |
| 984 | (8) The corporation, in consultation with the Department |
| 985 | of Health and the Florida Center for Universal Research to |
| 986 | Eradicate Disease, shall facilitate communication between |
| 987 | biomedical researchers and health care providers each month |
| 988 | according to the health awareness schedule established by the |
| 989 | Florida Public Health Foundation, Inc., in order to ensure |
| 990 | ongoing dialogue between researchers, treatment providers, and |
| 991 | the department. |
| 992 | (9) The corporation and the Department of Health shall |
| 993 | enter into partnerships with providers of continuing education |
| 994 | for health care practitioners, including, but not limited to, |
| 995 | hospitals and state and local medical organizations, to ensure |
| 996 | that practitioners are aware of the most recent and complete |
| 997 | diagnostic and treatment tools. |
| 998 | (10) The corporation shall provide an annual report |
| 999 | concerning its activities and finances to the Florida Center for |
| 1000 | Universal Research to Eradicate Disease and shall provide copies |
| 1001 | of the annual report to the Governor, the President of the |
| 1002 | Senate, and the Speaker of the House of Representatives. |
| 1003 | Section 13. Health awareness campaigns.-- |
| 1004 | (1) The Florida Public Health Foundation, Inc., in |
| 1005 | consultation with the Department of Health, shall coordinate |
| 1006 | monthly health awareness campaigns with national, state, and |
| 1007 | local health care organizations and government entities |
| 1008 | targeting a wide range of the public, including: parents; |
| 1009 | teachers and other school employees; students in 4th through |
| 1010 | 12th grades, colleges, and universities; state agency employees; |
| 1011 | county and local government employees; patients of county health |
| 1012 | departments; Medicaid recipients; health care professionals and |
| 1013 | providers; and the public in general. |
| 1014 | (2) The awareness campaigns shall include the provision of |
| 1015 | educational information about preventing, detecting, treating, |
| 1016 | and curing the following diseases or conditions. Additional |
| 1017 | diseases and conditions that impact the public health may be |
| 1018 | added by the board of directors of the Florida Public Health |
| 1019 | Foundation, Inc.; however, each of the following diseases or |
| 1020 | conditions must be included in an awareness campaign during at |
| 1021 | least one month in any 24-month period: |
| 1022 | (a) Cancer, including breast, prostate, cervical, ovarian, |
| 1023 | colorectal, and skin cancer and leukemia. |
| 1024 | (b) Heart disease. |
| 1025 | (c) Stroke. |
| 1026 | (d) Lung disease, including asthma and smoking-relating |
| 1027 | disease. |
| 1028 | (e) Neurological disorders and disease, including |
| 1029 | Alzheimer's disease, Parkinson's disease, and epilepsy. |
| 1030 | (f) Gastrointestinal disease. |
| 1031 | (g) Kidney disease. |
| 1032 | (h) Diabetes. |
| 1033 | (i) Liver disease. |
| 1034 | (j) Autoimmune disorders. |
| 1035 | (k) Birth defects and prenatal care. |
| 1036 | (l) Obesity and malnutrition. |
| 1037 | (m) Sexually transmissible disease. |
| 1038 | (n) Hepatitis A, hepatitis B, and hepatitis C. |
| 1039 | (o) Arthritis. |
| 1040 | (p) Vaccine-preventable diseases. |
| 1041 | (q) Infectious diseases, including HIV/AIDS. |
| 1042 | (r) Substance abuse. |
| 1043 | (s) Mental illness. |
| 1044 | (t) Lupus. |
| 1045 | (u) Osteoporosis. |
| 1046 | (3) The health awareness campaigns shall be funded by the |
| 1047 | Florida Public Health Foundation, Inc., and the Department of |
| 1048 | Health to the extent that funds are available from public and |
| 1049 | private sources. |
| 1050 | (4) Health awareness information shall be disseminated |
| 1051 | through all available methods, including print, audio, visual, |
| 1052 | and electronic media. |
| 1053 | Section 14. Prostate Cancer Awareness Program.-- |
| 1054 | (1) To the extent that funds are specifically made |
| 1055 | available for this purpose, the Prostate Cancer Awareness |
| 1056 | Program is established within the Department of Health. The |
| 1057 | purpose of this program is to implement the recommendations of |
| 1058 | January 2000 of the Florida Prostate Cancer Task Force to |
| 1059 | provide for statewide outreach and health education activities |
| 1060 | to ensure that men are aware of and appropriately seek medical |
| 1061 | counseling for prostate cancer as an early-detection health care |
| 1062 | measure. |
| 1063 | (2) For purposes of implementing the program, the |
| 1064 | Department of Health and the Florida Public Health Foundation, |
| 1065 | Inc., may: |
| 1066 | (a) Conduct activities directly or enter into a contract |
| 1067 | with a qualified nonprofit community education entity. |
| 1068 | (b) Seek any available gifts, grants, or funds from the |
| 1069 | state, the Federal Government, philanthropic foundations, and |
| 1070 | industry or business groups. |
| 1071 | (3) A prostate cancer advisory committee is created to |
| 1072 | advise and assist the Department of Health and the Florida |
| 1073 | Public Health Foundation, Inc., in implementing the program. |
| 1074 | (a) The Secretary of Health shall appoint the advisory |
| 1075 | committee members, who shall consist of: |
| 1076 | 1. Three persons from prostate cancer survivor groups or |
| 1077 | cancer-related advocacy groups. |
| 1078 | 2. Three persons who are scientists or clinicians from |
| 1079 | public universities or research organizations. |
| 1080 | 3. Three persons who are engaged in the practice of a |
| 1081 | cancer-related medical specialty from health organizations |
| 1082 | committed to cancer research and control. |
| 1083 | (b) Members shall serve without compensation but are |
| 1084 | entitled to reimbursement, pursuant to section 112.061, Florida |
| 1085 | Statutes, for per diem and travel expenses incurred in the |
| 1086 | performance of their official duties. |
| 1087 | (4) The program shall coordinate its efforts with those of |
| 1088 | the Florida Public Health Foundation, Inc. |
| 1089 | Section 15. Cervical Cancer Elimination Task Force.-- |
| 1090 | (1) Effective July 1, 2004, the Cervical Cancer |
| 1091 | Elimination Task Force is established for the purpose of |
| 1092 | recommending strategies and actions to reduce the costs and |
| 1093 | burdens of cervical cancer in Florida. The task force shall |
| 1094 | present interim reports to the Florida Public Health Foundation, |
| 1095 | Inc., the Florida Cancer Council, the Center for Universal |
| 1096 | Research to Eradicate Disease, the Governor, the President of |
| 1097 | the Senate, and the Speaker of the House of Representatives on |
| 1098 | January 1, 2006, and July 1, 2007, with a final report due on |
| 1099 | June 30, 2008. After submitting its final report on or before |
| 1100 | June 30, 2008, the task force is dissolved. |
| 1101 | (2) The task force shall: |
| 1102 | (a) Review statistical and qualitative data on the |
| 1103 | prevalence and burden of cervical cancer. |
| 1104 | (b) Receive and consider reports and testimony from |
| 1105 | individuals, county health departments, community-based |
| 1106 | organizations, and other public and private organizations |
| 1107 | statewide to learn more about their contributions to cervical |
| 1108 | cancer diagnosis, prevention, and treatment, as well as their |
| 1109 | ideas for improving the care of cervical cancer patients in this |
| 1110 | state. |
| 1111 | (c) Identify priority strategies and new technologies, |
| 1112 | including newly introduced vaccines, which are effective in |
| 1113 | preventing and controlling the risk of cervical cancer. |
| 1114 | (d) Provide recommendations to the Florida Public Health |
| 1115 | Foundation, Inc., on public awareness issues relating to |
| 1116 | cervical cancer, such as the causes, personal risk factors, |
| 1117 | value of prevention, available vaccines, early detection |
| 1118 | options, treatment costs, new technology, and education for |
| 1119 | health care practitioners. |
| 1120 | (e) Identify and examine existing programs, services, |
| 1121 | laws, and rules regarding the availability and coverage of |
| 1122 | treatment services for cervical cancer. |
| 1123 | (f) Develop and revise a comprehensive Florida Cervical |
| 1124 | Cancer Prevention Plan and present those recommendations to the |
| 1125 | Department of Health and the Florida Cancer Control and Research |
| 1126 | Advisory Council for incorporation into the Florida Cancer Plan. |
| 1127 | (3) The task force shall consist of: |
| 1128 | (a) The director of the Department of Health's Division of |
| 1129 | Disease Control or another person with expertise in epidemiology |
| 1130 | who shall serve as chair, appointed by the Secretary of Health. |
| 1131 | (b) A board-certified gynecologist licensed as a physician |
| 1132 | under chapter 458 or chapter 459, Florida Statutes, representing |
| 1133 | the Florida Obstetric and Gynecologic Society, appointed by the |
| 1134 | Governor. |
| 1135 | (c) A family physician licensed under chapter 458 or |
| 1136 | chapter 459, Florida Statutes, who provides gynecology services |
| 1137 | representing the Florida Academy of Family Physicians, appointed |
| 1138 | by the Governor. |
| 1139 | (d) An oncologist licensed as a physician under chapter |
| 1140 | 458 or chapter 459, Florida Statutes, representing the Florida |
| 1141 | Division of the American Cancer Society, appointed by the |
| 1142 | President of the Senate. |
| 1143 | (e) An advanced registered nurse practitioner who |
| 1144 | practices gynecology representing the Florida Nurses |
| 1145 | Association, appointed by the Speaker of the House of |
| 1146 | Representatives. |
| 1147 | (f) A member of the Legislative Women's Caucus, appointed |
| 1148 | by the President of the Senate. |
| 1149 | (g) A member of the Legislative Women's Caucus, appointed |
| 1150 | by the Speaker of the House of Representatives. |
| 1151 | (h) The chief executive officer of the H. Lee Moffitt |
| 1152 | Cancer Center and Research Institute or his or her designee. |
| 1153 | (i) The director of the University of Florida Shands |
| 1154 | Cancer Center or his or her designee. |
| 1155 | (j) The director of the University of Miami Sylvester |
| 1156 | Comprehensive Cancer Center or his or her designee. |
| 1157 | (k) The chief executive officer of the Mayo Clinic, |
| 1158 | Jacksonville, or his or her designee. |
| 1159 | (4) Members of the task force shall be appointed to 4-year |
| 1160 | terms without compensation, and each organization represented |
| 1161 | shall cover the expenses of its representative. |
| 1162 | Section 16. Except as otherwise expressly provided in this |
| 1163 | act, this act shall take effect upon becoming a law. |