Senate Bill sb2002c1
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    Florida Senate - 2004                           CS for SB 2002
    By the Committee on Appropriations; and Senators Peaden and
    Fasano
    309-2010-04
  1                      A bill to be entitled
  2         An act relating to health care initiatives;
  3         creating s. 460.4062, F.S.; authorizing the
  4         Department of Health to issue a chiropractic
  5         medicine faculty certificate for certain
  6         faculty who have accepted appointment at a
  7         publicly funded state university or college;
  8         authorizing an application fee; providing
  9         requirements; providing for renewal and
10         expiration of the certificate; creating s.
11         1004.383, F.S.; authorizing a chiropractic
12         medicine degree program at Florida State
13         University; amending s. 561.121, F.S.;
14         providing for annual appropriations from the
15         proceeds of the excise tax on alcoholic
16         beverages; providing for distribution of the
17         funds to the Department of Elderly Affairs, the
18         Department of Health, and Florida State
19         University for specified research and programs;
20         amending s. 1004.43, F.S.; authorizing the
21         establishment of for-profit subsidiaries of the
22         governing corporation of the H. Lee Moffitt
23         Cancer Center and Research Institute;
24         prohibiting certain activities by such
25         for-profit subsidiaries; requiring that the
26         contract with the State Board of Education
27         permit the use of lands, facilities, and
28         personnel for research, education, treatment,
29         prevention, and early detection of cancer;
30         authorizing the governing corporation and its
31         subsidiaries to obtain their own property
                                  1
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 1         insurance coverage; requiring that certain
 2         appropriations be paid directly to the board of
 3         directors of the governing corporation;
 4         changing the appointing authority for certain
 5         members of the council of scientific advisers;
 6         amending s. 1004.445, F.S.; renaming the
 7         Florida Alzheimer's Center and Research
 8         Institute as the Johnnie B. Byrd, Sr.,
 9         Alzheimer's Center and Research Institute;
10         deleting obsolete provisions; authorizing the
11         establishment of for-profit subsidiaries of the
12         governing corporation; requiring that the
13         contract with the State Board of Education
14         permit the use of lands, facilities, and
15         personnel for research, education, treatment,
16         prevention, and early detection of Alzheimer's
17         disease; authorizing the governing corporation
18         and its subsidiaries to obtain their own
19         property insurance coverage; requiring that
20         certain appropriations be paid directly to the
21         board of directors of the governing
22         corporation; changing the appointing authority
23         for certain members of the council of
24         scientific advisers; creating the Florida
25         Center for Universal Research to Eradicate
26         Disease within the Department of Health;
27         providing legislative findings and intent;
28         specifying the purpose and duties of the
29         center; requiring an annual report to the
30         Governor and Legislature; authorizing the
31         department to outsource the duties of the
                                  2
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 1         center; creating an advisory council; amending
 2         s. 215.5602, F.S.; expanding the long-term
 3         goals of the James and Esther King Biomedical
 4         Research Program to include the cure of
 5         specified diseases; providing funding priority;
 6         amending s. 215.5601, F.S., relating to the
 7         Lawton Chiles Endowment Fund, to conform an
 8         intent provision; designating the Life Sciences
 9         Building at Florida State University as the
10         "James E. 'Jim' King, Jr., Building";
11         authorizing Florida State University to erect
12         markers; creating the Florida Cancer Research
13         Council; providing for the affairs of the
14         council; requiring an annual report; specifying
15         the council's mission and duties; creating the
16         Florida Public Health Foundation, Inc.;
17         providing for the foundation's duties and
18         mission; providing for its board of directors;
19         requiring annual reports; requiring the
20         foundation to coordinate monthly health
21         awareness campaigns to disseminate information
22         about specified diseases and conditions;
23         establishing the Prostate Cancer Awareness
24         Program within the Department of Health for the
25         purpose of providing statewide outreach and
26         education concerning the early detection of
27         prostate cancer; authorizing the department and
28         the Florida Public Health Foundation, Inc., to
29         enter into contracts and seek grant moneys;
30         creating an advisory committee to assist the
31         program; providing for membership of the
                                  3
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 1         committee; authorizing reimbursement for
 2         certain per diem and travel expenses; creating
 3         the Cervical Cancer Elimination Task Force;
 4         providing duties and membership of the task
 5         force; requiring the task force to make
 6         periodic reports to the Governor and the
 7         Legislature; providing for the task force to be
 8         dissolved on a specified date; providing an
 9         effective date.
10  
11  Be It Enacted by the Legislature of the State of Florida:
12  
13         Section 1.  Section 460.4062, Florida Statutes, is
14  created to read:
15         460.4062  Chiropractic medicine faculty certificate.--
16         (1)  The department may issue a chiropractic medicine
17  faculty certificate without examination to an individual who
18  remits a nonrefundable application fee, not to exceed $100 as
19  determined by rule of the board, and who demonstrates to the
20  board that he or she meets the following requirements:
21         (a)  Is a graduate of an accredited school or college
22  of chiropractic accredited by the Council on Chiropractic
23  Education.
24         (b)  Holds a valid current license to practice
25  chiropractic medicine in another jurisdiction in the United
26  States.
27         (c)  Is at least 21 years of age and of good moral
28  character.
29         (d)  Has not committed any act or offense in any
30  jurisdiction which would constitute the basis for discipline
31  under this chapter or chapter 456.
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 1         (e)  Has been offered and has accepted a full-time
 2  faculty appointment to teach in a program of chiropractic
 3  medicine at a publicly funded state university or college and
 4  provides a certification from the dean of the appointing
 5  college acknowledging the appointment.
 6         (2)  The certificate shall authorize the holder to
 7  practice only in conjunction with his or her faculty position
 8  at a publicly funded state university or college and its
 9  affiliated clinics that are registered with the board as sites
10  at which holders of chiropractic medicine faculty certificates
11  will be practicing. Such certificate shall automatically
12  expire upon termination of the holder's relationship with the
13  school or after a period of 2 years, whichever occurs first.
14         (3)  The holder of a faculty certificate may engage in
15  the practice of chiropractic medicine as permitted by this
16  section.
17         (4)  Notwithstanding subsection (2), a chiropractic
18  medicine faculty certificate is renewable every 2 years by a
19  holder who applies to the board on a form prescribed by the
20  board and who continues to satisfy the requirements set forth
21  in subsection (1).
22         Section 2.  Section 1004.383, Florida Statutes, is
23  created to read:
24         1004.383  Chiropractic medicine degree program at
25  Florida State University.--A chiropractic medicine degree
26  program is authorized at Florida State University.
27         Section 3.  Paragraph (a) of subsection (1) of section
28  561.121, Florida Statutes, is amended to read:
29         561.121  Deposit of revenue.--
30  
31  
                                  5
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 1         (1)  All state funds collected pursuant to ss. 563.05,
 2  564.06, and 565.12 shall be paid into the State Treasury and
 3  disbursed in the following manner:
 4         (a)1.  Two percent of monthly collections of the excise
 5  taxes on alcoholic beverages established in ss. 563.05,
 6  564.06, and 565.12 shall be deposited into the Alcoholic
 7  Beverage and Tobacco Trust Fund to meet the division's
 8  appropriation for the state fiscal year.
 9         2.  Beginning July 1, 2004, there is annually
10  distributed $15 million to the Grants and Donations Trust Fund
11  within the Department of Elderly Affairs, and these funds are
12  annually appropriated to support a contract with the Johnnie
13  B. Byrd, Sr., Alzheimer's Center and Research Institute at the
14  University of South Florida for the purposes of conducting
15  research, developing and operating integrated data projects,
16  and providing assistance to memory disorder clinics as
17  established in s. 430.502.
18         3.  Beginning July 1, 2004, there is annually
19  distributed $6 million to the Biomedical Research Trust Fund
20  within the Department of Health, and these funds are annually
21  appropriated to the James and Esther King Biomedical Research
22  Program. From these funds, up to $250,000 shall be available
23  annually for the operating costs of the Florida Center for
24  Universal Research to Eradicate Disease.
25         4.  Beginning July 1, 2004, there is annually
26  distributed $9 million to be paid by warrant drawn by the
27  Chief Financial Officer upon the State Treasury to Florida
28  State University for the School of Chiropractic Medicine.
29  Notwithstanding the provisions of chapter 216, until the
30  School of Chiropractic Medicine is completely staffed and
31  
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 1  fully operational, these funds may be used for any purpose by
 2  the university.
 3         Section 4.  Section 1004.43, Florida Statutes, is
 4  amended to read:
 5         1004.43  H. Lee Moffitt Cancer Center and Research
 6  Institute.--There is established the H. Lee Moffitt Cancer
 7  Center and Research Institute at the University of South
 8  Florida.
 9         (1)  The State Board of Education shall enter into an
10  agreement for the utilization of the facilities on the campus
11  of the University of South Florida to be known as the H. Lee
12  Moffitt Cancer Center and Research Institute, including all
13  furnishings, equipment, and other chattels used in the
14  operation of said facilities, with a Florida not-for-profit
15  corporation organized solely for the purpose of governing and
16  operating the H. Lee Moffitt Cancer Center and Research
17  Institute. This not-for-profit corporation, acting as an
18  instrumentality of the State of Florida, shall govern and
19  operate the H. Lee Moffitt Cancer Center and Research
20  Institute in accordance with the terms of the agreement
21  between the State Board of Education and the not-for-profit
22  corporation. The not-for-profit corporation may, with the
23  prior approval of the State Board of Education, create either
24  for-profit or not-for-profit corporate subsidiaries, or both,
25  to fulfill its mission. For-profit subsidiaries of the
26  not-for-profit corporation may not compete with for-profit
27  health care providers in the delivery of radiation therapy
28  services to patients. The not-for-profit corporation and its
29  subsidiaries are authorized to receive, hold, invest, and
30  administer property and any moneys received from private,
31  local, state, and federal sources, as well as technical and
                                  7
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 1  professional income generated or derived from practice
 2  activities of the institute, for the benefit of the institute
 3  and the fulfillment of its mission. The affairs of the
 4  corporation shall be managed by a board of directors who shall
 5  serve without compensation. The President of the University of
 6  South Florida and the chair of the State Board of Education,
 7  or his or her designee, shall be directors of the
 8  not-for-profit corporation, together with 5 representatives of
 9  the state universities and no more than 14 nor fewer than 10
10  directors who are not medical doctors or state employees. Each
11  director shall have only one vote, shall serve a term of 3
12  years, and may be reelected to the board. Other than the
13  President of the University of South Florida and the chair of
14  the State Board of Education, directors shall be elected by a
15  majority vote of the board. The chair of the board of
16  directors shall be selected by majority vote of the directors.
17         (2)  The State Board of Education shall provide in the
18  agreement with the not-for-profit corporation for the
19  following:
20         (a)  Approval of the articles of incorporation of the
21  not-for-profit corporation by the State Board of Education.
22         (b)  Approval of the articles of incorporation of any
23  not-for-profit corporate subsidiary created by the
24  not-for-profit corporation.
25         (c)  Utilization of lands, hospital facilities, and
26  personnel by the not-for-profit corporation and its
27  subsidiaries for research, education, treatment, prevention,
28  and the early detection of cancer and for mutually approved
29  teaching and research programs conducted by the University of
30  South Florida or other accredited medical schools or research
31  institutes.
                                  8
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 1         (d)  Preparation of an annual financial audit of the
 2  not-for-profit corporation's accounts and records and the
 3  accounts and records of any subsidiaries to be conducted by an
 4  independent certified public accountant. The annual audit
 5  report shall include a management letter, as defined in s.
 6  11.45, and shall be submitted to the Auditor General and the
 7  State Board of Education. The State Board of Education, the
 8  Auditor General, and the Office of Program Policy Analysis and
 9  Government Accountability shall have the authority to require
10  and receive from the not-for-profit corporation and any
11  subsidiaries or from their independent auditor any detail or
12  supplemental data relative to the operation of the
13  not-for-profit corporation or subsidiary.
14         (e)  Provision by the not-for-profit corporation and
15  its subsidiaries of equal employment opportunities to all
16  persons regardless of race, color, religion, sex, age, or
17  national origin.
18         (3)  The State Board of Education is authorized to
19  secure comprehensive general liability protection, including
20  professional liability protection, for the not-for-profit
21  corporation and its subsidiaries pursuant to s. 1004.24. The
22  not-for-profit corporation and its subsidiaries shall be
23  exempt from any participation in any property insurance trust
24  fund established by law, including any property insurance
25  trust fund established pursuant to chapter 284, so long as the
26  not-for-profit corporation and its subsidiaries maintain
27  property insurance protection with comparable or greater
28  coverage limits.
29         (4)  In the event that the agreement between the
30  not-for-profit corporation and the State Board of Education is
31  
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 1  terminated for any reason, the State Board of Education shall
 2  resume governance and operation of said facilities.
 3         (5)  The institute shall be administered by a chief
 4  executive officer who shall serve at the pleasure of the board
 5  of directors of the not-for-profit corporation and who shall
 6  have the following powers and duties subject to the approval
 7  of the board of directors:
 8         (a)  The chief executive officer shall establish
 9  programs which fulfill the mission of the institute in
10  research, education, treatment, prevention, and the early
11  detection of cancer; however, the chief executive officer
12  shall not establish academic programs for which academic
13  credit is awarded and which terminate in the conference of a
14  degree without prior approval of the State Board of Education.
15         (b)  The chief executive officer shall have control
16  over the budget and the dollars appropriated or donated to the
17  institute from private, local, state, and federal sources, as
18  well as technical and professional income generated or derived
19  from practice activities of the institute. However,
20  professional income generated by university faculty from
21  practice activities at the institute shall be shared between
22  the institute and the university as determined by the chief
23  executive officer and the appropriate university dean or vice
24  president.
25         (c)  The chief executive officer shall appoint members
26  to carry out the research, patient care, and educational
27  activities of the institute and determine compensation,
28  benefits, and terms of service. Members of the institute shall
29  be eligible to hold concurrent appointments at affiliated
30  academic institutions. University faculty shall be eligible to
31  hold concurrent appointments at the institute.
                                  10
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 1         (d)  The chief executive officer shall have control
 2  over the use and assignment of space and equipment within the
 3  facilities.
 4         (e)  The chief executive officer shall have the power
 5  to create the administrative structure necessary to carry out
 6  the mission of the institute.
 7         (f)  The chief executive officer shall have a reporting
 8  relationship to the Commissioner of Education.
 9         (g)  The chief executive officer shall provide a copy
10  of the institute's annual report to the Governor and Cabinet,
11  the President of the Senate, the Speaker of the House of
12  Representatives, and the chair of the State Board of
13  Education.
14         (6)  The board of directors of the not-for-profit
15  corporation shall create a council of scientific advisers to
16  the chief executive officer comprised of leading researchers,
17  physicians, and scientists. This council shall review programs
18  and recommend research priorities and initiatives so as to
19  maximize the state's investment in the institute. The council
20  shall be appointed by the board of directors of the
21  not-for-profit corporation and shall include five appointees
22  of the State Board of Education. Each member of the council
23  shall be appointed to serve a 2-year term and may be
24  reappointed to the council.
25         (7)  In carrying out the provisions of this section,
26  the not-for-profit corporation and its subsidiaries are not
27  "agencies" within the meaning of s. 20.03(11).
28         (8)(a)  Records of the not-for-profit corporation and
29  of its subsidiaries are public records unless made
30  confidential or exempt by law.
31  
                                  11
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 1         (b)  Proprietary confidential business information is
 2  confidential and exempt from the provisions of s. 119.07(1)
 3  and s. 24(a), Art. I of the State Constitution. However, the
 4  Auditor General, the Office of Program Policy Analysis and
 5  Government Accountability, and the State Board of Education,
 6  pursuant to their oversight and auditing functions, must be
 7  given access to all proprietary confidential business
 8  information upon request and without subpoena and must
 9  maintain the confidentiality of information so received. As
10  used in this paragraph, the term "proprietary confidential
11  business information" means information, regardless of its
12  form or characteristics, which is owned or controlled by the
13  not-for-profit corporation or its subsidiaries; is intended to
14  be and is treated by the not-for-profit corporation or its
15  subsidiaries as private and the disclosure of which would harm
16  the business operations of the not-for-profit corporation or
17  its subsidiaries; has not been intentionally disclosed by the
18  corporation or its subsidiaries unless pursuant to law, an
19  order of a court or administrative body, a legislative
20  proceeding pursuant to s. 5, Art. III of the State
21  Constitution, or a private agreement that provides that the
22  information may be released to the public; and which is
23  information concerning:
24         1.  Internal auditing controls and reports of internal
25  auditors;
26         2.  Matters reasonably encompassed in privileged
27  attorney-client communications;
28         3.  Contracts for managed-care arrangements, including
29  preferred provider organization contracts, health maintenance
30  organization contracts, and exclusive provider organization
31  contracts, and any documents directly relating to the
                                  12
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 1  negotiation, performance, and implementation of any such
 2  contracts for managed-care arrangements;
 3         4.  Bids or other contractual data, banking records,
 4  and credit agreements the disclosure of which would impair the
 5  efforts of the not-for-profit corporation or its subsidiaries
 6  to contract for goods or services on favorable terms;
 7         5.  Information relating to private contractual data,
 8  the disclosure of which would impair the competitive interest
 9  of the provider of the information;
10         6.  Corporate officer and employee personnel
11  information;
12         7.  Information relating to the proceedings and records
13  of credentialing panels and committees and of the governing
14  board of the not-for-profit corporation or its subsidiaries
15  relating to credentialing;
16         8.  Minutes of meetings of the governing board of the
17  not-for-profit corporation and its subsidiaries, except
18  minutes of meetings open to the public pursuant to subsection
19  (9);
20         9.  Information that reveals plans for marketing
21  services that the corporation or its subsidiaries reasonably
22  expect to be provided by competitors;
23         10.  Trade secrets as defined in s. 688.002, including
24  reimbursement methodologies or rates; or
25         11.  The identity of donors or prospective donors of
26  property who wish to remain anonymous or any information
27  identifying such donors or prospective donors. The anonymity
28  of these donors or prospective donors must be maintained in
29  the auditor's report.
30  
31  
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 1  As used in this paragraph, the term "managed care" means
 2  systems or techniques generally used by third-party payors or
 3  their agents to affect access to and control payment for
 4  health care services. Managed-care techniques most often
 5  include one or more of the following: prior, concurrent, and
 6  retrospective review of the medical necessity and
 7  appropriateness of services or site of services; contracts
 8  with selected health care providers; financial incentives or
 9  disincentives related to the use of specific providers,
10  services, or service sites; controlled access to and
11  coordination of services by a case manager; and payor efforts
12  to identify treatment alternatives and modify benefit
13  restrictions for high-cost patient care.
14         (9)  Meetings of the governing board of the
15  not-for-profit corporation and meetings of the subsidiaries of
16  the not-for-profit corporation at which the expenditure of
17  dollars appropriated to the not-for-profit corporation by the
18  state are discussed or reported must remain open to the public
19  in accordance with s. 286.011 and s. 24(b), Art. I of the
20  State Constitution, unless made confidential or exempt by law.
21  Other meetings of the governing board of the not-for-profit
22  corporation and of the subsidiaries of the not-for-profit
23  corporation are exempt from s. 286.011 and s. 24(b), Art. I of
24  the State Constitution.
25         (10)  In addition to the continuing appropriation to
26  the institute provided in s. 210.20(2), any appropriation to
27  the institute provided in a general appropriations act shall
28  be paid directly to the board of directors of the
29  not-for-profit corporation by warrant drawn by the Chief
30  Financial Officer from the State Treasury.
31  
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 1         Section 5.  Section 1004.445, Florida Statutes, is
 2  amended to read:
 3         1004.445  Johnnie B. Byrd, Sr., Florida Alzheimer's
 4  Center and Research Institute.--
 5         (1)  Effective July 1, 2002, The Johnnie B. Byrd, Sr.,
 6  Florida Alzheimer's Center and Research Institute is
 7  established at the University of South Florida.
 8         (2)(a)  The State Board of Education shall enter into
 9  an agreement for the utilization of the facilities on the
10  campus of the University of South Florida to be known as the
11  Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research
12  Institute, including all furnishings, equipment, and other
13  chattels used in the operation of those facilities, with a
14  Florida not-for-profit corporation organized solely for the
15  purpose of governing and operating the Johnnie B. Byrd, Sr.,
16  Florida Alzheimer's Center and Research Institute. This
17  not-for-profit corporation, acting as an instrumentality of
18  the state, shall govern and operate the Johnnie B. Byrd, Sr.,
19  Florida Alzheimer's Center and Research Institute in
20  accordance with the terms of the agreement between the State
21  Board of Education and the not-for-profit corporation. The
22  not-for-profit corporation may, with the prior approval of the
23  State Board of Education, create either for-profit or
24  not-for-profit corporate subsidiaries, or both, to fulfill its
25  mission. The not-for-profit corporation and its subsidiaries
26  are authorized to receive, hold, invest, and administer
27  property and any moneys acquired from private, local, state,
28  and federal sources, as well as technical and professional
29  income generated or derived from practice activities of the
30  institute, for the benefit of the institute and the
31  fulfillment of its mission.
                                  15
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 1         (b)1.  The affairs of the not-for-profit corporation
 2  shall be managed by a board of directors who shall serve
 3  without compensation. The board of directors shall consist of
 4  the President of the University of South Florida and the chair
 5  of the State Board of Education, or their designees, 5
 6  representatives of the state universities, and no fewer than 9
 7  nor more than 14 representatives of the public who are neither
 8  medical doctors nor state employees. Each director who is a
 9  representative of a state university or of the public shall be
10  appointed to serve a term of 3 years. The chair of the board
11  of directors shall be selected by a majority vote of the
12  directors. Each director shall have only one vote.
13         2.  The initial board of directors shall consist of the
14  President of the University of South Florida and the chair of
15  the State Board of Education, or their designees; the five
16  university representatives, of whom one shall be appointed by
17  the Governor, two by the President of the Senate, and two by
18  the Speaker of the House of Representatives; and nine public
19  representatives, of whom three shall be appointed by the
20  Governor, three by the President of the Senate, and three by
21  the Speaker of the House of Representatives. Upon the
22  expiration of the terms of the initial appointed directors,
23  all directors subject to 3-year terms of office under this
24  paragraph shall be appointed by a majority vote of the
25  directors and the board may be expanded to include additional
26  public representative directors up to the maximum number
27  allowed. Any vacancy in office shall be filled for the
28  remainder of the term by majority vote of the directors. Any
29  director may be reappointed.
30  
31  
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 1         (3)  The State Board of Education shall provide in the
 2  agreement with the not-for-profit corporation for the
 3  following:
 4         (a)  Approval by the State Board of Education of the
 5  articles of incorporation of the not-for-profit corporation.
 6         (b)  Approval by the State Board of Education of the
 7  articles of incorporation of any not-for-profit corporate
 8  subsidiary created by the not-for-profit corporation.
 9         (c)  Utilization of lands, hospital facilities, and
10  personnel by the not-for-profit corporation and its
11  subsidiaries for research, education, treatment, prevention,
12  and the early detection of Alzheimer's disease and for
13  mutually approved teaching and research programs conducted by
14  the University of South Florida or other accredited medical
15  schools or research institutes.
16         (d)  Preparation of an annual postaudit of the
17  not-for-profit corporation's financial accounts and the
18  financial accounts of any subsidiaries to be conducted by an
19  independent certified public accountant. The annual audit
20  report shall include management letters and shall be submitted
21  to the Auditor General and the State Board of Education for
22  review. The State Board of Education, the Auditor General, and
23  the Office of Program Policy Analysis and Government
24  Accountability shall have the authority to require and receive
25  from the not-for-profit corporation and any subsidiaries, or
26  from their independent auditor, any detail or supplemental
27  data relative to the operation of the not-for-profit
28  corporation or subsidiary.
29         (e)  Provision by the not-for-profit corporation and
30  its subsidiaries of equal employment opportunities for all
31  
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 1  persons regardless of race, color, religion, gender, age, or
 2  national origin.
 3         (4)  The State Board of Education is authorized to
 4  secure comprehensive general liability protection, including
 5  professional liability protection, for the not-for-profit
 6  corporation and its subsidiaries, pursuant to s. 1004.24. The
 7  not-for-profit corporation and its subsidiaries shall be
 8  exempt from any participation in any property insurance trust
 9  fund established by law, including any property insurance
10  trust fund established pursuant to chapter 284, so long as the
11  not-for-profit corporation and its subsidiaries maintain
12  property insurance protection with comparable or greater
13  coverage limits.
14         (5)  In the event that the agreement between the
15  not-for-profit corporation and the State Board of Education is
16  terminated for any reason, the State Board of Education shall
17  assume governance and operation of the facilities.
18         (6)  The institute shall be administered by a chief
19  executive officer, who shall be appointed by and serve at the
20  pleasure of the board of directors of the not-for-profit
21  corporation, and who shall exercise the following powers and
22  duties, subject to the approval of the board of directors:
23         (a)  The chief executive officer shall establish
24  programs that fulfill the mission of the institute in
25  research, education, treatment, prevention, and early
26  detection of Alzheimer's disease; however, the chief executive
27  officer may not establish academic programs for which academic
28  credit is awarded and which culminate in the conferring of a
29  degree, without prior approval of the State Board of
30  Education.
31  
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 1         (b)  The chief executive officer shall have control
 2  over the budget and the moneys appropriated or donated to the
 3  institute from private, local, state, and federal sources, as
 4  well as technical and professional income generated or derived
 5  from practice activities of the institute. However,
 6  professional income generated by university faculty from
 7  practice activities at the institute shall be shared between
 8  the institute and the university as determined by the chief
 9  executive officer and the appropriate university dean or vice
10  president.
11         (c)  The chief executive officer shall appoint
12  representatives of the institute to carry out the research,
13  patient care, and educational activities of the institute and
14  establish the compensation, benefits, and terms of service of
15  such representatives. Representatives of the institute shall
16  be eligible to hold concurrent appointments at affiliated
17  academic institutions. University faculty shall be eligible to
18  hold concurrent appointments at the institute.
19         (d)  The chief executive officer shall have control
20  over the use and assignment of space and equipment within the
21  facilities.
22         (e)  The chief executive officer shall have the power
23  to create the administrative structure necessary to carry out
24  the mission of the institute.
25         (f)  The chief executive officer shall have a reporting
26  relationship to the Commissioner of Education.
27         (g)  The chief executive officer shall provide a copy
28  of the institute's annual report to the Governor and Cabinet,
29  the President of the Senate, the Speaker of the House of
30  Representatives, and the chair of the State Board of
31  Education.
                                  19
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 1         (7)  The board of directors of the not-for-profit
 2  corporation shall create a council of scientific advisers to
 3  the chief executive officer comprised of leading researchers,
 4  physicians, and scientists. The council shall review programs
 5  and recommend research priorities and initiatives to maximize
 6  the state's investment in the institute. The members of the
 7  council shall be appointed by the board of directors of the
 8  not-for-profit corporation, except for five members who shall
 9  be appointed by the State Board of Education. Each member of
10  the council shall be appointed to serve a 2-year term and may
11  be reappointed to the council.
12         (8)  In carrying out the provisions of this section,
13  the not-for-profit corporation and its subsidiaries are not
14  agencies within the meaning of s. 20.03(11).
15         (9)  The following information is confidential and
16  exempt from the provisions of s. 119.07(1) and s. 24, Art. I
17  of the State Constitution:
18         (a)  Personal identifying information relating to
19  clients of programs created or funded through the Johnnie B.
20  Byrd, Sr., Florida Alzheimer's Center and Research Institute
21  which is held by the institute, University of South Florida,
22  or State Board of Education or by persons who provide services
23  to clients of programs created or funded through contracts
24  with the Johnnie B. Byrd, Sr., Florida Alzheimer's Center and
25  Research Institute;
26         (b)  Any medical or health records relating to patients
27  which may be created or received by the institute;
28         (c)  Materials that relate to methods of manufacture or
29  production, potential trade secrets, potentially patentable
30  material, actual trade secrets as defined in s. 688.002, or
31  proprietary information received, generated, ascertained, or
                                  20
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 1  discovered during the course of research conducted by or
 2  through the institute and business transactions resulting from
 3  such research;
 4         (d)  The identity of a donor or prospective donor to
 5  the Johnnie B. Byrd, Sr., Florida Alzheimer's Center and
 6  Research Institute who wishes to remain anonymous, and all
 7  information identifying such donor or prospective donor;
 8         (e)  Any information received by the institute in the
 9  performance of its duties and responsibilities which is
10  otherwise confidential and exempt by law; and
11         (f)  Any information received by the institute from a
12  person from another state or nation or the Federal Government
13  which is otherwise confidential or exempt pursuant to that
14  state's or nation's laws or pursuant to federal law.
15  
16  Any governmental entity that demonstrates a need to access
17  such confidential and exempt information in order to perform
18  its duties and responsibilities shall have access to such
19  information and shall otherwise keep such information
20  confidential and exempt. This section is subject to the Open
21  Government Sunset Review Act of 1995 in accordance with s.
22  119.15 and shall stand repealed on October 2, 2006, unless
23  reviewed and saved from repeal through reenactment by the
24  Legislature.
25         (10)  Any appropriation to the institute provided in a
26  general appropriations act shall be paid directly to the board
27  of directors of the not-for-profit corporation by warrant
28  drawn by the Chief Financial Officer from the State Treasury.
29         Section 6.  Florida Center for Universal Research to
30  Eradicate Disease.--
31  
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 1         (1)  The Legislature finds that an estimated 128
 2  million Americans suffer from acute, chronic, and degenerative
 3  diseases and that biomedical research is the key to finding
 4  cures for these diseases that negatively affect all
 5  Floridians. The Legislature further finds that, while there is
 6  much research being conducted throughout this state and
 7  throughout the world, there is a lack of coordination of
 8  efforts among researchers. The Legislature, therefore, finds
 9  that there is a significant need for a coordinated effort if
10  the goal of curing disease is to be achieved. Moreover, the
11  Legislature finds that the biomedical technology sector meets
12  the criteria of a high-impact sector, pursuant to section
13  288.108, Florida Statutes, having a high importance to this
14  state's economy with a significant potential for growth and
15  contribution to our universities and quality of life.
16         (2)  It is the intent of the Legislature that Florida
17  strive to become the nation's leader in biomedical research
18  and commit itself to being the state to find cures for the
19  most deadly and widespread diseases. It is further the intent
20  of the Legislature that there be a coordinated effort among
21  the state's public and private universities and the biomedical
22  industry to discover such cures. Moreover, it is the intent of
23  the Legislature to expand the state economy by attracting
24  biomedical researchers and research companies to this state.
25         (3)  There is established within the Department of
26  Health the Florida Center for Universal Research to Eradicate
27  Disease, which shall be known as "CURED."
28         (a)  The purpose of the center is to coordinate,
29  improve, expand, and monitor all biomedical research programs
30  within the state, facilitate funding opportunities, and foster
31  
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 1  improved technology transfer of research findings into
 2  clinical trials and widespread public use.
 3         (b)  The goal of the center is to find cures for
 4  diseases such as cancer, heart disease, lung disease,
 5  diabetes, autoimmune disorders, and neurological disorders,
 6  including Alzheimer's disease, epilepsy, and Parkinson's
 7  disease.
 8         (c)  The center shall hold an annual biomedical
 9  technology summit in Florida to which biomedical researchers,
10  biomedical technology companies, business incubators,
11  pharmaceutical manufacturers, and others around the nation and
12  world are invited to share biomedical research findings in
13  order to expedite the discovery of cures. Summit attendees
14  shall cover the costs of such attendance or obtain sponsorship
15  for such attendance.
16         (d)  The center shall encourage clinical trials in this
17  state on research that holds promise of curing a disease or
18  condition. The center shall facilitate partnerships between
19  researchers, treating physicians, and community hospitals for
20  the purpose of sharing new techniques and new research
21  findings, as well as coordinating voluntary donations to
22  ensure an adequate supply of adult stem cells, placentas, or
23  cord blood.
24         (e)  The center shall facilitate the formation of
25  partnerships between researchers in this state and
26  institutions in other states and countries where research with
27  rare plants or animals could lead to cures.
28         (f)  The center shall encourage agricultural colleges
29  and agricultural businesses in this state to be active in the
30  search for cures and in providing information to the public
31  about disease prevention.
                                  23
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 1         (g)  The center shall facilitate partnerships among
 2  researchers working to cure all types of diseases, including
 3  those that are prevalent in developed countries and those that
 4  occur mainly in developing countries.
 5         (h)  The center shall also encourage the discovery and
 6  production in Florida of vaccines that prevent disease.
 7         (i)  The center shall monitor the supply and demand
 8  needs of researchers relating to stem cell research and other
 9  types of human tissue research. If the center determines that
10  there is a need for increased donation of human tissue, it
11  shall notify hospitals licensed pursuant to chapter 395,
12  Florida Statutes, which have entered into partnership
13  agreements with research institutes conducting stem cell
14  research located in the same geographic region as the
15  researchers demanding the stem cells or other tissues. Such
16  hospitals shall implement programs that encourage voluntary
17  donations of cord blood or other needed adult tissue.
18         (j)  The center shall be funded through private, state,
19  and federal sources.
20         (k)  The center shall serve as a registry of all known
21  opportunities for biomedical grants and may assist any public
22  or private biomedical research program in this state in
23  preparing grant requests.
24         (l)  The center shall maintain a website with links to
25  peer-reviewed biomedical research. The website shall also
26  contain a list of all known biomedical research being
27  conducted in Florida and shall facilitate communication among
28  researchers and other interested parties.
29         (m)  The center shall submit an annual report to the
30  Governor, the President of the Senate, and the Speaker of the
31  House of Representatives no later than January 15 which
                                  24
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 1  contains recommendations for legislative change necessary to
 2  foster a positive climate for biomedical research in this
 3  state.
 4         (4)  The Department of Health may outsource the duties
 5  of the center to a private entity or state university.
 6         (5)  There is established within the center an advisory
 7  council that shall meet at least annually.
 8         (a)  The council shall consist of the members of the
 9  board of directors of the Florida Research Consortium and at
10  least one representative from:
11         1.  The Emerging Technology Commission.
12         2.  Enterprise Florida, Inc.
13         3.  BioFlorida.
14         4.  The Biomedical Research Advisory Council.
15         5.  The Florida Medical Foundation.
16         6.  Pharmaceutical Research and Manufacturers of
17  America.
18         7.  The Florida Tri-Agency Coalition on Smoking OR
19  Health.
20         8.  The Florida Cancer Research Council.
21         9.  The American Cancer Society, Florida Division, Inc.
22         10.  The American Heart Association.
23         11.  The American Lung Association of Florida.
24         12.  The American Diabetes Association, South Coastal
25  Region.
26         13.  The Alzheimer's Association.
27         14.  The Epilepsy Foundation.
28         15.  The National Parkinson Foundation.
29         16.  The Florida Public Health Foundation, Inc.
30         17.  Scripps Florida or the entity formed in this state
31  by The Scripps Research Institute.
                                  25
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 1         (b)  Members of the council shall serve without
 2  compensation and each organization represented shall cover all
 3  expenses of its representative.
 4         Section 7.  Paragraph (d) of subsection (1) of section
 5  215.5601, Florida Statutes, is amended to read:
 6         215.5601  Lawton Chiles Endowment Fund.--
 7         (1)  LEGISLATIVE INTENT.--It is the intent of the
 8  Legislature to:
 9         (d)  Provide funds to help support public-health and
10  biomedical research for the prevention, diagnosis, and
11  treatment, and cure of diseases related to tobacco use by
12  creating an annual and perpetual source of funding for
13  biomedical research in the state in order to expand the
14  foundation of biomedical knowledge relating to the prevention,
15  diagnosis, and treatment, and cure of diseases related to
16  tobacco use, including cancer, cardiovascular disease, stroke,
17  and pulmonary disease; improve the quality of the state's
18  academic health centers by bringing the advances of biomedical
19  research into the training of physicians and other health care
20  providers; and increase the state's per capita funding for
21  biomedical research by undertaking new initiatives in
22  biomedical research which will attract additional funding from
23  outside the state while also stimulating economic activity in
24  the state in areas related to biomedical research, such as the
25  research and production of pharmaceuticals, biotechnology, and
26  medical devices.
27         Section 8.  Paragraphs (a) and (b) of subsection (1)
28  and subsections (2) and (10) of section 215.5602, Florida
29  Statutes, are amended to read:
30         215.5602  James and Esther King Biomedical Research
31  Program.--
                                  26
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 1         (1)  There is established within the Department of
 2  Health the James and Esther King Biomedical Research Program
 3  funded by the proceeds of the Lawton Chiles Endowment Fund
 4  pursuant to s. 215.5601. The purpose of the James and Esther
 5  King Biomedical Research Program is to provide an annual and
 6  perpetual source of funding in order to support research
 7  initiatives that address the health care problems of
 8  Floridians in the areas of tobacco-related cancer,
 9  cardiovascular disease, stroke, and pulmonary disease. The
10  long-term goals of the program are to:
11         (a)  Improve the health of Floridians by researching
12  better prevention, diagnoses, and treatments, and cures for
13  cancer, cardiovascular disease, stroke, and pulmonary disease.
14         (b)  Expand the foundation of biomedical knowledge
15  relating to the prevention, diagnosis, and treatment, and cure
16  of diseases related to tobacco use, including cancer,
17  cardiovascular disease, stroke, and pulmonary disease.
18         (2)  Funds appropriated for the James and Esther King
19  Biomedical Research Program shall be used exclusively for the
20  award of grants and fellowships as established in this
21  section; for research relating to the prevention, diagnosis,
22  and treatment, and cure of diseases related to tobacco use,
23  including cancer, cardiovascular disease, stroke, and
24  pulmonary disease; and for expenses incurred in the
25  administration of this section. Priority shall be granted to
26  research designed to prevent or cure disease.
27         (10)  The council shall submit an annual progress
28  report on the state of biomedical research in this state to
29  the Florida Center for Universal Research to Eradicate Disease
30  and to the Governor, the Secretary of Health, the President of
31  
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 1  the Senate, and the Speaker of the House of Representatives by
 2  February 1. The report must include:
 3         (a)  A list of research projects supported by grants or
 4  fellowships awarded under the program.
 5         (b)  A list of recipients of program grants or
 6  fellowships.
 7         (c)  A list of publications in peer reviewed journals
 8  involving research supported by grants or fellowships awarded
 9  under the program.
10         (d)  The total amount of biomedical research funding
11  currently flowing into the state.
12         (e)  New grants for biomedical research which were
13  funded based on research supported by grants or fellowships
14  awarded under the program.
15         (f)  Progress in the prevention, diagnosis, and
16  treatment, and cure of diseases related to tobacco use,
17  including cancer, cardiovascular disease, stroke, and
18  pulmonary disease.
19         Section 9.  (1)  The Life Sciences Building at Florida
20  State University in Tallahassee is designated as the "James E.
21  'Jim' King, Jr., Building."
22         (2)  Florida State University is authorized to erect
23  markers for the designation of the James E. "Jim" King, Jr.,
24  Building as described in subsection (1).
25         Section 10.  Florida Cancer Research Council.--
26         (1)  Effective July 1, 2004, the Florida Cancer
27  Research Council within the Department of Health is
28  established for the purpose of making the state a center of
29  excellence for cancer research.
30         (2)(a)  The council shall be representative of the
31  state's cancer centers, hospitals, and patient groups, and
                                  28
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 1  shall be organized for the purpose of governing the affairs of
 2  the council.
 3         (b)  The Florida Cancer Research Council may create
 4  not-for-profit corporate subsidiaries to fulfill its mission.
 5  The council and its subsidiaries are authorized to receive,
 6  hold, invest, and administer property and any moneys acquired
 7  from private, local, state, and federal sources, as well as
 8  technical and professional income generated or derived from
 9  the mission-related activities of the council.
10         (c)  The affairs of the council shall consist of:
11         1.  Chairman of the Florida Dialogue on Cancer, who
12  shall serve as the chairman of the council;
13         2.  Secretary of the Department of Health or his or her
14  designee;
15         3.  Chief Executive Officer of the H. Lee Moffitt
16  Cancer Center or his or her designee;
17         4.  President of the University of Florida Shands
18  Cancer Center or his or her designee;
19         5.  Chief Executive Officer of the University of Miami
20  Sylvester Comprehensive Cancer Center or his or her designee;
21         6.  Chief Executive Officer of the Mayo Clinic,
22  Jacksonville or his or her designee;
23         7.  Chief Executive Officer of the American Cancer
24  Society, Florida Division or his or her designee;
25         8.  President of the American Cancer Society, Florida
26  Division Board of Directors or his or her designee;
27         9.  President of the Florida Society of Clinical
28  Oncology or his or her designee;
29         10.  President of the American College of Surgeons,
30  Florida Chapter, or his or her designee;
31  
                                  29
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 1         11.  Chief Executive Officer of Enterprise Florida,
 2  Inc., or his or her designee;
 3         12.  Five representatives from cancer programs approved
 4  by the American College of Surgeons. Three shall be appointed
 5  by the Governor, one shall be appointed by the Speaker of the
 6  House of Representatives, and one shall be appointed by the
 7  President of the Senate;
 8         13.  One member of the House of Representatives, to be
 9  appointed by the Speaker of the House of Representatives; and
10         14.  One member of the Senate, to be appointed by the
11  President of the Senate.
12         (d)  Appointments made by the Speaker of the House of
13  Representatives and the President of the Senate pursuant to
14  paragraph (c) shall be for 2-year terms, concurrent with the
15  bienniums in which they serve as presiding officers.
16         (e)  Appointments made by the Governor pursuant to
17  paragraph (c) shall be for 2-year terms, although the Governor
18  may reappoint directors.
19         (f)  Members of the council or any subsidiaries shall
20  serve without compensation, and each organization represented
21  on the council shall cover the expenses of its
22  representatives.
23         (3)  The council shall issue an annual report to the
24  Center for Universal Research to Eradicate Disease, the
25  Governor, the Speaker of the House of Representatives, and the
26  President of the Senate by December 15 of each year, with
27  policy and funding recommendations regarding cancer research
28  capacity in Florida and related issues.
29         Section 11.  Florida Cancer Research Council, mission
30  and duties.--The council, which shall work in concert with the
31  Florida Center for Universal Research to Eradicate Disease to
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 1  ensure that the goals of the center are advanced, shall
 2  endeavor to dramatically improve cancer research and treatment
 3  in this state through:
 4         (1)  Efforts to significantly expand cancer research
 5  capacity in the state by:
 6         (a)  Identifying ways to attract new research talent
 7  and attendant national grant producing researchers to
 8  Florida-based cancer research facilities;
 9         (b)  Implementing a peer-reviewed, competitive process
10  to identify and fund the best proposals to expand cancer
11  research institutes in this state;
12         (c)  Funding through available resources for those
13  proposals that demonstrate the greatest opportunity to attract
14  federal research grants and private financial support;
15         (d)  Encouraging the employment of bioinformatics in
16  order to create a cancer informatics infrastructure that
17  enhances information and resource exchange and integration
18  through researchers working in diverse disciplines, to
19  facilitate the full spectrum of cancer investigations;
20         (e)  Facilitating the technical coordination, business
21  development, and support of intellectual property as it
22  relates to the advancement of cancer research; and
23         (f)  Aiding in other multidisciplinary research-support
24  activities as they inure to the advancement of cancer
25  research.
26         (2)  Efforts to improve both research and treatment
27  through greater participation in clinical trials networks by:
28         (a)  Identifying ways to increase adult enrollment in
29  cancer clinical trials;
30  
31  
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 1         (b)  Supporting public and private professional
 2  education programs designed to increase the awareness and
 3  knowledge about cancer clinical trials;
 4         (c)  Providing tools to cancer patients and
 5  community-based oncologists to aid in the identification of
 6  cancer clinical trials available in the state; and
 7         (d)  Creating opportunities for the state's academic
 8  cancer centers to collaborate with community-based oncologists
 9  in cancer clinical trials networks.
10         (3)  Efforts to reduce the impact of cancer on
11  disparate groups by:
12         (a)  Identifying those cancers that disproportionately
13  impact certain demographic groups; and
14         (b)  Building collaborations designed to reduce health
15  disparities as they relate to cancer.
16         Section 12.  The Florida Public Health Foundation,
17  Inc.; establishment; purpose; mission; duties; board of
18  directors.--
19         (1)  The Florida Public Health Foundation, Inc.,
20  referred to in this section as "the corporation," is
21  established for the purpose of disseminating breakthrough
22  findings in biomedical research and promoting health awareness
23  in this state.
24         (2)  The corporation's mission includes disseminating
25  information about innovative biomedical research and clinical
26  trials in this state as well as making Floridians and their
27  treatment providers aware of specified diseases and conditions
28  and available methods of preventing, diagnosing, treating, and
29  curing those diseases and conditions.
30         (3)  The purpose and objective of the corporation shall
31  be to operate exclusively for charitable, scientific, and
                                  32
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 1  educational purposes; to protect and improve the health and
 2  well-being of Florida's people and environment through
 3  partnerships committed to program innovation, education,
 4  applied research, and policy development; and to engage in
 5  charitable programs dedicated to improving the health of
 6  Floridians.
 7         (4)  The corporation shall be established as a
 8  not-for-profit entity qualifying under section 501(c)(3) of
 9  the Internal Revenue Code. The corporation may receive, hold,
10  invest, and administer property and any moneys acquired from
11  private, local, state, and federal sources, as well as
12  technical and professional income generated or derived from
13  the mission-related activities of the corporation. The
14  corporation shall have all of the powers conferred upon
15  corporations organized under chapter 617, Florida Statutes.
16         (5)  The corporation's duties include procuring funds
17  necessary for accomplishing the purpose and mission of the
18  corporation. The corporation shall strive to complement,
19  supplement, and enhance the missions of the various
20  organizations, entities, and departments represented on its
21  board by serving as the lead corporation in the state for
22  promoting public health awareness.
23         (6)  The affairs of the corporation shall be managed by
24  an executive director appointed by a board of directors
25  consisting of:
26         (a)  The Secretary of Health or his or her designee.
27         (b)  A former member of the Senate appointed by the
28  President of the Senate.
29         (c)  A former member of the House of Representatives
30  appointed by the Speaker of the House of Representatives.
31  
                                  33
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 1         (d)  A representative of the American Heart
 2  Association.
 3         (e)  A representative of the American Cancer Society,
 4  Florida Division, Inc.
 5         (f)  A representative of the American Lung Association
 6  of Florida.
 7         (g)  A representative of the American Diabetes
 8  Association, South Coastal Region.
 9         (h)  A representative of the Alzheimer's Association.
10         (i)  A representative of the Epilepsy Foundation.
11         (j)  A representative of the National Parkinson
12  Foundation.
13         (k)  A representative of the March of Dimes, Florida
14  Chapter.
15         (l)  A representative of the Arthritis Foundation,
16  Florida Chapter.
17         (m)  A representative of the American Liver Foundation.
18         (n)  A representative of the Florida Council for
19  Behavioral Healthcare, Inc.
20         (o)  A representative of the Florida Alcohol and Drug
21  Abuse Association.
22         (p)  A representative of Pharmaceutical Research and
23  Manufacturers of America.
24         (q)  A representative of the Florida Public Health
25  Association.
26         (r)  A representative of the Florida Association of
27  County Health Officers.
28         (s)  A public health academician selected by the State
29  Health Officer.
30         (t)  A representative of the Florida Academy of Family
31  Physicians.
                                  34
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 1         (u)  Three consumers who have demonstrated an interest
 2  in protecting the public health appointed by the Florida
 3  Public Health Association.
 4         (7)  Members of the board of directors shall serve for
 5  2-year terms and shall serve without compensation. Each
 6  organization represented on the board of directors shall cover
 7  the expenses of its representative.
 8         (8)  The corporation, in consultation with the
 9  Department of Health and the Florida Center for Universal
10  Research to Eradicate Disease, shall facilitate communication
11  between biomedical researchers and health care providers each
12  month according to the health awareness schedule established
13  by the Florida Public Health Foundation, Inc., in order to
14  ensure ongoing dialogue between researchers, treatment
15  providers, and the department.
16         (9)  The corporation and the Department of Health shall
17  enter into partnerships with providers of continuing education
18  for health care practitioners, including, but not limited to,
19  hospitals and state and local medical organizations, to ensure
20  that practitioners are aware of the most recent and complete
21  diagnostic and treatment tools.
22         (10)  The corporation shall provide an annual report
23  concerning its activities and finances to the Florida Center
24  for Universal Research to Eradicate Disease and shall provide
25  copies of the annual report to the Governor, the President of
26  the Senate, and the Speaker of the House of Representatives.
27         Section 13.  Health awareness campaigns.--
28         (1)  The Florida Public Health Foundation, Inc., in
29  consultation with the Department of Health, shall coordinate
30  monthly health awareness campaigns with national, state, and
31  local health care organizations and government entities
                                  35
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 1  targeting a wide range of the public, including: parents;
 2  teachers and other school employees; students in 4th through
 3  12th grades, colleges, and universities; state agency
 4  employees; county and local government employees; patients of
 5  county health departments; Medicaid recipients; health care
 6  professionals and providers; and the public in general.
 7         (2)  The awareness campaigns shall include the
 8  provision of educational information about preventing,
 9  detecting, treating, and curing the following diseases or
10  conditions. Additional diseases and conditions that impact the
11  public health may be added by the board of directors of the
12  Florida Public Health Foundation, Inc.; however, each of the
13  following diseases or conditions must be included in an
14  awareness campaign during at least one month in any 24-month
15  period:
16         (a)  Cancer, including breast, prostate, cervical,
17  ovarian, colorectal, and skin cancer and leukemia.
18         (b)  Heart disease.
19         (c)  Stroke.
20         (d)  Lung disease, including asthma and
21  smoking-relating disease.
22         (e)  Neurological disorders and disease, including
23  Alzheimer's disease, Parkinson's disease, and epilepsy.
24         (f)  Gastrointestinal disease.
25         (g)  Kidney disease.
26         (h)  Diabetes.
27         (i)  Liver disease.
28         (j)  Autoimmune disorders.
29         (k)  Birth defects and prenatal care.
30         (l)  Obesity and malnutrition.
31         (m)  Sexually transmissible disease.
                                  36
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 1         (n)  Hepatitis A, hepatitis B, and hepatitis C.
 2         (o)  Arthritis.
 3         (p)  Vaccine-preventable diseases.
 4         (q)  Infectious diseases, including HIV/AIDS.
 5         (r)  Substance abuse.
 6         (s)  Mental illness.
 7         (t)  Lupus.
 8         (u)  Osteoporosis.
 9         (3)  The health awareness campaigns shall be funded by
10  the Florida Public Health Foundation, Inc., and the Department
11  of Health to the extent that funds are available from public
12  and private sources.
13         (4)  Health awareness information shall be disseminated
14  through all available methods, including print, audio, visual,
15  and electronic media.
16         Section 14.  Prostate Cancer Awareness Program.--
17         (1)  To the extent that funds are specifically made
18  available for this purpose, the Prostate Cancer Awareness
19  Program is established within the Department of Health. The
20  purpose of this program is to implement the recommendations of
21  January 2000 of the Florida Prostate Cancer Task Force to
22  provide for statewide outreach and health education activities
23  to ensure that men are aware of and appropriately seek medical
24  counseling for prostate cancer as an early-detection health
25  care measure.
26         (2)  For purposes of implementing the program, the
27  Department of Health and the Florida Public Health Foundation,
28  Inc., may:
29         (a)  Conduct activities directly or enter into a
30  contract with a qualified nonprofit community education
31  entity.
                                  37
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 1         (b)  Seek any available gifts, grants, or funds from
 2  the state, the Federal Government, philanthropic foundations,
 3  and industry or business groups.
 4         (3)  A prostate cancer advisory committee is created to
 5  advise and assist the Department of Health and the Florida
 6  Public Health Foundation, Inc., in implementing the program.
 7         (a)  The Secretary of Health shall appoint the advisory
 8  committee members, who shall consist of:
 9         1.  Three persons from prostate cancer survivor groups
10  or cancer-related advocacy groups.
11         2.  Three persons who are scientists or clinicians from
12  public universities or research organizations.
13         3.  Three persons who are engaged in the practice of a
14  cancer-related medical specialty from health organizations
15  committed to cancer research and control.
16         (b)  Members shall serve without compensation but are
17  entitled to reimbursement, pursuant to section 112.061,
18  Florida Statutes, for per diem and travel expenses incurred in
19  the performance of their official duties.
20         (4)  The program shall coordinate its efforts with
21  those of the Florida Public Health Foundation, Inc.
22         Section 15.  Cervical Cancer Elimination Task Force.--
23         (1)  Effective July 1, 2004, the Cervical Cancer
24  Elimination Task Force is established for the purpose of
25  recommending strategies and actions to reduce the costs and
26  burdens of cervical cancer in Florida. The task force shall
27  present interim reports to the Florida Public Health
28  Foundation, Inc., the Florida Cancer Research Council, the
29  Center for Universal Research to Eradicate Disease, the
30  Governor, the President of the Senate, and the Speaker of the
31  House of Representatives on January 1, 2006, and July 1, 2007,
                                  38
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 1  with a final report due on June 30, 2008. After submitting its
 2  final report on or before June 30, 2008, the task force is
 3  dissolved.
 4         (2)  The task force shall:
 5         (a)  Review statistical and qualitative data on the
 6  prevalence and burden of cervical cancer.
 7         (b)  Receive and consider reports and testimony from
 8  individuals, county health departments, community-based
 9  organizations, and other public and private organizations
10  statewide to learn more about their contributions to cervical
11  cancer diagnosis, prevention, and treatment, as well as their
12  ideas for improving the care of cervical cancer patients in
13  this state.
14         (c)  Identify priority strategies and new technologies,
15  including newly introduced vaccines, which are effective in
16  preventing and controlling the risk of cervical cancer.
17         (d)  Provide recommendations to the Florida Public
18  Health Foundation, Inc., on public awareness issues relating
19  to cervical cancer, such as the causes, personal risk factors,
20  value of prevention, available vaccines, early detection
21  options, treatment costs, new technology, and education for
22  health care practitioners.
23         (e)  Identify and examine existing programs, services,
24  laws, and rules regarding the availability and coverage of
25  treatment services for cervical cancer.
26         (f)  Develop and revise a comprehensive Florida
27  Cervical Cancer Prevention Plan and present those
28  recommendations to the Department of Health and the Florida
29  Cancer Control and Research Advisory Council for incorporation
30  into the Florida Cancer Plan.
31         (3)  The task force shall consist of:
                                  39
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 1         (a)  The director of the Department of Health's
 2  Division of Disease Control or another person with expertise
 3  in epidemiology who shall serve as chair, appointed by the
 4  Secretary of Health.
 5         (b)  A board-certified gynecologist licensed as a
 6  physician under chapter 458 or chapter 459, Florida Statutes,
 7  representing the Florida Obstetric and Gynecologic Society,
 8  appointed by the Governor.
 9         (c)  A family physician licensed under chapter 458 or
10  chapter 459, Florida Statutes, who provides gynecology
11  services representing the Florida Academy of Family
12  Physicians, appointed by the Governor.
13         (d)  An oncologist licensed as a physician under
14  chapter 458 or chapter 459, Florida Statutes, representing the
15  Florida Division of the American Cancer Society, appointed by
16  the President of the Senate.
17         (e)  An advanced registered nurse practitioner who
18  practices gynecology representing the Florida Nurses
19  Association, appointed by the Speaker of the House of
20  Representatives.
21         (f)  A member of the Legislative Women's Caucus,
22  appointed by the President of the Senate.
23         (g)  A member of the Legislative Women's Caucus,
24  appointed by the Speaker of the House of Representatives.
25         (h)  The chief executive officer of the H. Lee Moffitt
26  Cancer Center and Research Institute or his or her designee.
27         (i)  The director of the University of Florida Shands
28  Cancer Center or his or her designee.
29         (j)  The director of the University of Miami Sylvester
30  Comprehensive Cancer Center or his or her designee.
31  
                                  40
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 1         (k)  The chief executive officer of the Mayo Clinic,
 2  Jacksonville, or his or her designee.
 3         (4)  Members of the task force shall be appointed to
 4  4-year terms without compensation, and each organization
 5  represented shall cover the expenses of its representative.
 6         Section 16.  Except as otherwise expressly provided in
 7  this act, this act shall take effect upon becoming a law.
 8  
 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 2002
11                                 
12  Provides for annual distributions from the proceeds of the
    excise tax on alcoholic beverages to support the Johnnie B.
13  Byrd, Sr. Alzheimer's Center and Research Institute, the James
    and Esther King Biomedical Research Program, and the Florida
14  State University School of Chiropractic Medicine; and provides
    annual appropriations to the Department of Elderly Affairs and
15  the Department of Health for the specified programs.
16  Renames the Florida Cancer Research Cooperative, Inc. the
    Florida Cancer Research Council; removes reference to the
17  council's affairs being managed by a board of directors;
    revises the membership of the council; and expands the mission
18  and duties of the council.
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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