CS for CS for SB 1080 Second Engrossed
20081080e2
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A bill to be entitled
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An act relating to the Johnnie B. Byrd, Sr., Alzheimer's
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Center and Research Institute; amending s. 1004.445, F.S.;
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establishing the center within the University of South
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Florida; providing for the administration of the center;
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creating a research advisory board and providing for a
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manner of appointment; providing duties; eliminating the
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board of directors and the council of scientific advisors;
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revising the grant award process for the center; providing
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a limitation on expenditures; requiring the university to
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establish an account for charitable donations and separate
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accounts for other funds; providing for a report;
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extending the sunset provisions; providing effective
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dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1004.445, Florida Statutes, is amended
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to read:
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(Substantial rewording of section. See
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s. 1004.445, F.S., for present text.)
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1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and
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Research Institute.--
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(1) The Johnnie B. Byrd, Sr., Alzheimer's Center and
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Research Institute is established within the University of South
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Florida. The center shall work in collaboration with other state
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universities on programs directly relating to research,
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education, treatment, prevention, and early detection of
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Alzheimer's disease.
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(2) The center shall be administered by a director of
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operations, who shall be appointed by and serve at the pleasure
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of the president of the University of South Florida.
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(3) A research advisory board is created, to be comprised
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of seven members, of leading researchers, physicians, and
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scientists. The members of the board shall be appointed as
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follows: two members appointed by the Governor, one member
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appointed by the President of the Senate, one member appointed by
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the Speaker of the House of Representatives, and three members
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appointed by the president of the University of South Florida.
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Each member must have significant scientific research experience
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in order to be appointed. Each member of the board shall be
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appointed to serve a 2-year term and may be reappointed to the
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board. The board shall review programs and recommend research
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priorities and initiatives to maximize the state's investment in
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the center.
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(4) The center's research activities shall be administered
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by the director of research. The director of research shall be
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appointed by the president of the University of South Florida
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from a list of recommended candidates submitted by the research
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advisory board.
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(5) The center may fund applications for Alzheimer's
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disease research submitted from any university or established
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research institute in the state. All qualified investigators in
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the state, regardless of institutional affiliation, shall have
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equal access and opportunity to compete for the research funding
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awarded by the center in support of its mission. Grants shall be
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awarded by the center on the basis of scientific merit, as
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determined by an open, competitive peer review process that
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ensures objectivity, consistency, and high quality.
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(6) The center may not expend more than 20 percent of the
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funds appropriated for administrative purposes.
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(7) The University of South Florida shall establish a
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separate account within the university's foundation for
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charitable donations received for the center's purposes as
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described in this section.
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(8) With the exception of charitable donations for the
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center deposited into the separate account within the University
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of South Florida's foundation, the University of South Florida
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shall establish and maintain separate accounts for all other
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funds appropriated to, dedicated for, or generated by the center.
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(9) The center shall provide an annual report to the
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Governor and Cabinet, the President of the Senate, the Speaker of
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the House of Representatives, and the chair of the Board of
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Governors. The annual report shall describe the expenditure of
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all funds and shall provide information regarding research that
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has been conducted or funded by the center, as well as the
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expected and actual results of such research.
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(10) The following information is confidential and exempt
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from s. 119.07(1) and s. 24, Art. I of the State Constitution:
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(a) Personal identifying information relating to clients of
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programs created or funded through the Johnnie B. Byrd, Sr.,
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Alzheimer's Center and Research Institute that is held by the
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center, the University of South Florida, the Board of Governors,
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or the State Board of Education;
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(b) Medical or health records relating to patients held by
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the center;
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(c) Materials that relate to methods of manufacture or
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production, potential trade secrets, potentially patentable
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material, actual trade secrets as defined in s. 688.002, or
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proprietary information received, generated, ascertained, or
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discovered during the course of research conducted by or through
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the center and business transactions resulting from such
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research;
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(d) The personal identifying information of a donor or
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prospective donor to the center who wishes to remain anonymous;
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and
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(e) Any information received by the center from a person
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from another state or nation or the Federal Government that is
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otherwise confidential and exempt pursuant to the laws of that
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state or nation or pursuant to federal law.
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Any governmental entity that demonstrates a need to access such
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confidential and exempt information in order to perform its
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duties and responsibilities shall have access to such
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information.
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(11) By June 1, 2011, the Division of Statutory Revision of
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the Office of Legislative Services shall certify to the President
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of the Senate and the Speaker of the House of Representatives the
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language and statutory citation of this section, which is
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scheduled to expire January 1, 2013.
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(12) The Legislature shall review the performance, the
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outcomes, and financial management of the Johnnie B. Byrd, Sr.,
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Alzheimer's Center and Research Institute during the 2010 Regular
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Session of the Legislature and shall determine the most
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appropriate funding source and means of funding the center based
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on its review.
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(13) This section expires January 1, 2013, unless reviewed
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and reenacted by the Legislature before that date.
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Section 2. No later than June 1, 2008, the board of
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directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
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Research Institute shall provide a final audit of assets of the
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not-for-profit corporation as described in s. 1004.445, Florida
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Statutes, to the President of the University of South Florida and
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the chair of the Board of Governors to assist in the transfer of
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the institute to the University of South Florida.
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Section 3. The board of directors of the Johnnie B. Byrd,
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Sr., Alzheimer's Center and Research Institute shall transfer all
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assets and functions of the institute to the University of South
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Florida by July 1, 2008. Charitable donations shall be deposited
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into the account established pursuant to s. 1004.445(7). All
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other funds shall be deposited into appropriate accounts
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established pursuant to s. 1004.445(8).
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Section 4. All contracts held by the not-for-profit
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corporation and any for-profit or not-for-profit corporate
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subsidiaries as described in s. 1004.445, Florida Statutes, shall
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be transferred to the University of South Florida by July 1,
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2008.
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Section 5. The board of directors of the Johnnie B. Byrd,
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Sr., Alzheimer's Center and Research Institute and the not-for-
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profit corporation as described in s. 1004.445, Florida Statutes,
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are dissolved effective July 1, 2008.
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Section 6. Except as otherwise expressly provided in this
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act, this act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.