Florida Senate - 2009 CS for SB 1304
By the Committee on Higher Education; and Senator Joyner
589-03000-09 20091304c1
1 A bill to be entitled
2 An act relating to the Johnnie B. Byrd, Sr.,
3 Alzheimer’s Center and Research Institute; amending s.
4 1004.445, F.S.; establishing the institute within the
5 University of South Florida; providing a mission for
6 the institute; creating a board of directors to
7 oversee the management and operation of the institute;
8 providing for the appointment and terms of service of
9 the members of the board of directors; providing for
10 the election of a chair of the board of directors;
11 providing for the duties of the board of directors;
12 authorizing the board of directors to create an
13 advisory council to the institute; providing that the
14 institute shall be administered by a chief executive
15 officer; providing for the duties of the chief
16 executive officer; requiring the chief executive
17 officer to actively seek grant moneys to fund research
18 at the institute; requiring the chief executive
19 officer to submit an annual report of the institute’s
20 expenditures and research; specifying the sources of
21 funding for the institute; requiring that any
22 appropriation to the institute be expended for certain
23 purposes; specifying certain information that is
24 exempt from public-records requirement; providing for
25 the transfer of all assets and records of the
26 institute to the university; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 1004.445, Florida Statutes, is amended
32 to read:
33 (Substantial rewording of section. See
34 s. 1004.445, F.S., for present text.)
35 1004.445 Johnnie B. Byrd, Sr., Alzheimer’s Center and
36 Research Institute.—
37 (1) CREATION AND MISSION.—The Johnnie B. Byrd, Sr.,
38 Alzheimer’s Center and Research Institute is established within
39 the University of South Florida. The institute has a statewide
40 mission to advance research, education, treatment, prevention,
41 and the early detection of Alzheimer’s disease, and is
42 responsible for distributing competitive grant funds for
43 Alzheimer’s disease research.
44 (2) BOARD OF DIRECTORS.—The board of directors for the
45 Johnnie B. Byrd, Sr., Alzheimer’s Center and Research Institute
46 is created to oversee the management and operation of the
47 institute.
48 (a) The board of directors shall consist of seven members
49 who shall serve at the pleasure of the entity that appoints
50 them. A board member’s term shall expire after 4 years, but the
51 member may be reappointed to a subsequent 4-year term.
52 1. The Governor, the President of the Senate, and the
53 Speaker of the House of Representatives shall each appoint one
54 person to serve on the board of directors.
55 2. The Board of Trustees of the University of South Florida
56 shall appoint four persons to serve on the board of directors.
57 Trustees are eligible for appointment to the board of directors.
58 3. The chair of the board of directors shall be elected by
59 a majority vote from among the membership of the board.
60 (b) The board of directors shall:
61 1. Approve the institute’s annual budget and audit of
62 expenditures.
63 2. Ensure that the institute’s funds are expended
64 exclusively to benefit the institute’s mission unless otherwise
65 authorized or directed by the Legislature.
66 3. Ensure that the institute adheres to all administrative
67 policies and procedures of the University of South Florida,
68 including, but not limited to, university policies for finance,
69 audit, personnel, property, and research administration.
70 4. Transmit a copy of the institute’s annual report to the
71 Governor, the President of the Senate, the Speaker of the House
72 of Representatives, the Board of Governors of the State
73 University System, and the Board of Trustees of the University
74 of South Florida.
75 (c) Members of the board of directors may not receive a
76 salary.
77 (3) ADVISORY COUNCIL.—The board of directors may organize
78 and appoint an advisory council to the institute. The duties of
79 the advisory council may include, but are not limited to,
80 providing advice and advocacy in:
81 (a) Meeting the institute’s mission;
82 (b) Engaging community leaders and other concerned members
83 of the public in supporting the institute’s mission; and
84 (c) Soliciting philanthropic support for the institute.
85 (4) CHIEF EXECUTIVE OFFICER.—The institute shall be
86 administered by a chief executive officer who shall be appointed
87 by and serve at the pleasure of the president of the University
88 of South Florida or the president’s designee. The chief
89 executive officer shall:
90 (a) Appoint university faculty and staff to carry out the
91 research, patient care, and educational activities of the
92 institute.
93 (b) Administer the daily operation of the institute,
94 including the use and assignment of space and equipment within
95 the institute’s facilities.
96 (c) Actively seek federal and private sources of grant
97 money and donations for the purpose of funding and conducting
98 research for Alzheimer’s disease at the institute.
99 (d) Prepare an annual report for the institute which
100 describes the expenditure of all of the institute’s funds and
101 provides information regarding research that has been conducted
102 or funded by the institute, including the expected and actual
103 results of the research.
104 (5) BUDGET.—The institute’s budget shall include the moneys
105 appropriated in the General Appropriations Act, donated, or
106 otherwise provided to the institute from private, local, state,
107 and federal sources, as well as technical and professional
108 income generated or derived from practice activities at the
109 institute. Any appropriation to the institute shall be expended
110 for the purposes specified in this section, including conducting
111 and supporting research and related clinical services, awarding
112 institutional grants and investigator-initiated research grants
113 to other persons within the state through a competitive process,
114 developing and operating integrated data projects, providing
115 assistance to the memory disorder clinics established in s.
116 430.502, and providing for the operation of the institute.
117 (6) PUBLIC-RECORDS EXEMPTION.—The following information is
118 confidential and exempt from s. 119.07(1) and s. 24, Art. I of
119 the State Constitution:
120 (a) Personal identifying information relating to clients of
121 programs created by or funded through the Johnnie B. Byrd, Sr.,
122 Alzheimer’s Center and Research Institute which is held by the
123 institute, the University of South Florida, the Board of
124 Governors, or the State Board of Education.
125 (b) Patient medical or health records held by the
126 institute.
127 (c) Materials that relate to methods of manufacture or
128 production, potential trade secrets, potentially patentable
129 material, actual trade secrets as defined in s. 688.002, or
130 proprietary information received, generated, ascertained, or
131 discovered during the course of research conducted by the
132 institute and business transactions resulting from such
133 research.
134 (d) Personal identifying information of a donor or
135 prospective donor to the institute who wishes to remain
136 anonymous.
137 (e) Any information received by the institute from a person
138 from another state or nation or from the Federal Government
139 which is otherwise confidential and exempt under the laws of
140 that state or nation or under federal law.
141
142 Any governmental entity that demonstrates a need to access
143 information that is confidential and exempt in order to perform
144 its duties and responsibilities shall have access to such
145 information.
146 Section 2. On or before June 30, 2009, the board of
147 directors of the not-for-profit corporation created as an
148 instrumentality of the state pursuant to s. 1004.445, Florida
149 Statutes (2008), shall transfer all unexpended balances,
150 records, functions, facilities, and assets of the Johnnie B.
151 Byrd, Sr., Alzheimer’s Center and Research Institute to the
152 University of South Florida under the oversight of the board of
153 directors of the Johnnie B. Byrd, Sr., Alzheimer’s Center and
154 Research Institute created by section 1 of this act.
155 Section 3. This act shall take effect upon becoming a law.