HB 491

1
A bill to be entitled
2An act relating to the H. Lee Moffitt Cancer Center and
3Research Institute; amending s. 1004.43, F.S.; revising
4provisions relating to the establishment of the institute
5and specifying primary responsibilities of the institute;
6conforming provisions relating to the agreement by the
7Board of Governors and the not-for-profit corporation for
8the use of facilities on the campus of the University of
9South Florida; specifying that the not-for-profit
10corporation and its subsidiaries shall act as
11instrumentalities of the state for purposes of sovereign
12immunity; authorizing the use of land, facilities, and
13personnel for teaching and research programs conducted by
14state universities; revising provisions relating to the
15control and sharing of certain income; authorizing the
16issuance of a medical faculty certificate to an individual
17appointed to practice medicine at the institute; providing
18an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 1004.43, Florida Statutes, is amended
23to read:
24     1004.43  H. Lee Moffitt Cancer Center and Research
25Institute.--There is established the H. Lee Moffitt Cancer
26Center and Research Institute, a statewide resource for basic
27and clinical research and multidisciplinary approaches to
28patient care at the University of South Florida.
29     (1)  The Board of Governors State Board of Education shall
30enter into an agreement for the utilization of the facilities on
31the campus of the University of South Florida to be known as the
32H. Lee Moffitt Cancer Center and Research Institute, including
33all furnishings, equipment, and other chattels used in the
34operation of said facilities, with a Florida not-for-profit
35corporation organized solely for the purpose of governing and
36operating the H. Lee Moffitt Cancer Center and Research
37Institute. The This not-for-profit corporation, acting as an
38instrumentality of the State of Florida, shall govern and
39operate the H. Lee Moffitt Cancer Center and Research Institute
40in accordance with the terms of the agreement between the Board
41of Governors and the not-for-profit corporation. The not-for-
42profit corporation may, with the prior approval of the Board of
43Governors, create either for-profit or not-for-profit corporate
44subsidiaries, or both, to fulfill its mission. The not-for-
45profit corporation and any authorized and approved subsidiary
46shall be corporations primarily acting as instrumentalities of
47the state, pursuant to s. 768.28(2), for purposes of sovereign
48immunity. For-profit subsidiaries of the not-for-profit
49corporation may not compete with for-profit health care
50providers in the delivery of radiation therapy services to
51patients. The not-for-profit corporation and its subsidiaries
52are authorized to receive, hold, invest, and administer property
53and any moneys received from private, local, state, and federal
54sources, as well as technical and professional income generated
55or derived from practice activities of the institute, for the
56benefit of the institute and the fulfillment of its mission. The
57affairs of the corporation shall be managed by a board of
58directors who shall serve without compensation. The President of
59the University of South Florida and the chair of the Board of
60Governors, or his or her designee, shall be directors of the
61not-for-profit corporation, together with 5 representatives of
62the state universities and no more than 14 nor fewer than 10
63directors who are not medical doctors or state employees. Each
64director shall have only one vote, shall serve a term of 3
65years, and may be reelected to the board. Other than the
66President of the University of South Florida and the chair of
67the Board of Governors, directors shall be elected by a majority
68vote of the board. The chair of the board of directors shall be
69selected by majority vote of the directors.
70     (2)  The Board of Governors shall provide in the agreement
71with the not-for-profit corporation for the following:
72     (a)  Approval of the articles of incorporation of the not-
73for-profit corporation by the Board of Governors.
74     (b)  Approval of the articles of incorporation of any not-
75for-profit corporate subsidiary created by the not-for-profit
76corporation.
77     (c)  Utilization of lands, facilities, and personnel by the
78not-for-profit corporation and its subsidiaries for research,
79education, treatment, prevention, and the early detection of
80cancer and for mutually approved teaching and research programs
81conducted by the state universities University of South Florida
82or other accredited medical schools or research institutes.
83     (d)  Preparation of an annual financial audit of the not-
84for-profit corporation's accounts and records and the accounts
85and records of any subsidiaries to be conducted by an
86independent certified public accountant. The annual audit report
87shall include a management letter, as defined in s. 11.45, and
88shall be submitted to the Auditor General and the Board of
89Governors. The Board of Governors, the Auditor General, and the
90Office of Program Policy Analysis and Government Accountability
91shall have the authority to require and receive from the not-
92for-profit corporation and any subsidiaries or from their
93independent auditor any detail or supplemental data relative to
94the operation of the not-for-profit corporation or subsidiary.
95     (e)  Provision by the not-for-profit corporation and its
96subsidiaries of equal employment opportunities to all persons
97regardless of race, color, religion, sex, age, or national
98origin.
99     (3)  The Board of Governors is authorized to secure
100comprehensive general liability protection, including
101professional liability protection, for the not-for-profit
102corporation and its subsidiaries pursuant to s. 1004.24. The
103not-for-profit corporation and its subsidiaries shall be exempt
104from any participation in any property insurance trust fund
105established by law, including any property insurance trust fund
106established pursuant to chapter 284, so long as the not-for-
107profit corporation and its subsidiaries maintain property
108insurance protection with comparable or greater coverage limits.
109     (4)  In the event that the agreement between the not-for-
110profit corporation and the Board of Governors is terminated for
111any reason, the Board of Governors shall resume governance and
112operation of such facilities.
113     (5)  The institute shall be administered by a chief
114executive officer who shall serve at the pleasure of the board
115of directors of the not-for-profit corporation and who shall
116have the following powers and duties subject to the approval of
117the board of directors:
118     (a)  The chief executive officer shall establish programs
119which fulfill the mission of the institute in research,
120education, treatment, prevention, and the early detection of
121cancer; however, the chief executive officer shall not establish
122academic programs for which academic credit is awarded and which
123terminate in the conference of a degree without prior approval
124of the Board of Governors.
125     (b)  The chief executive officer shall have control over
126the budget and the dollars appropriated or donated to the
127institute from private, local, state, and federal sources, as
128well as technical and professional income generated or derived
129from practice activities of the not-for-profit corporation and
130its subsidiaries institute. However, professional income
131generated by state university faculty from practice activities
132at the institute shall be shared between the institute and the
133university as determined by the chief executive officer and the
134appropriate university dean or vice president. Professional
135income generated by institute members from practice activities
136may be shared between the not-for-profit corporation and its
137subsidiaries as determined by the chief executive officer.
138     (c)  The chief executive officer shall appoint members to
139carry out the research, patient care, and educational activities
140of the institute and determine compensation, benefits, and terms
141of service. Members of the institute shall be eligible to hold
142concurrent appointments at affiliated academic institutions.
143State university faculty shall be eligible to hold concurrent
144appointments at the institute.
145     (d)  The chief executive officer shall have control over
146the use and assignment of space and equipment within the
147facilities.
148     (e)  The chief executive officer shall have the power to
149create the administrative structure necessary to carry out the
150mission of the institute.
151     (f)  The chief executive officer shall have a reporting
152relationship to the Board of Governors or its designee.
153     (g)  The chief executive officer shall provide a copy of
154the institute's annual report to the Governor and Cabinet, the
155President of the Senate, the Speaker of the House of
156Representatives, and the chair of the Board of Governors.
157     (6)  The board of directors of the not-for-profit
158corporation shall create a council of scientific advisers to the
159chief executive officer comprised of leading researchers,
160physicians, and scientists. This council shall review programs
161and recommend research priorities and initiatives so as to
162maximize the state's investment in the institute. The council
163shall be appointed by the board of directors of the not-for-
164profit corporation. Each member of the council shall be
165appointed to serve a 2-year term and may be reappointed to the
166council.
167     (7)  In carrying out the provisions of this section, the
168not-for-profit corporation and its subsidiaries are not
169"agencies" within the meaning of s. 20.03(11).
170     (8)(a)  Records of the not-for-profit corporation and of
171its subsidiaries are public records unless made confidential or
172exempt by law.
173     (b)  Proprietary confidential business information is
174confidential and exempt from the provisions of s. 119.07(1) and
175s. 24(a), Art. I of the State Constitution. However, the Auditor
176General, the Office of Program Policy Analysis and Government
177Accountability, and the Board of Governors, pursuant to their
178oversight and auditing functions, must be given access to all
179proprietary confidential business information upon request and
180without subpoena and must maintain the confidentiality of
181information so received. As used in this paragraph, the term
182"proprietary confidential business information" means
183information, regardless of its form or characteristics, which is
184owned or controlled by the not-for-profit corporation or its
185subsidiaries; is intended to be and is treated by the not-for-
186profit corporation or its subsidiaries as private and the
187disclosure of which would harm the business operations of the
188not-for-profit corporation or its subsidiaries; has not been
189intentionally disclosed by the corporation or its subsidiaries
190unless pursuant to law, an order of a court or administrative
191body, a legislative proceeding pursuant to s. 5, Art. III of the
192State Constitution, or a private agreement that provides that
193the information may be released to the public; and which is
194information concerning:
195     1.  Internal auditing controls and reports of internal
196auditors;
197     2.  Matters reasonably encompassed in privileged attorney-
198client communications;
199     3.  Contracts for managed-care arrangements, including
200preferred provider organization contracts, health maintenance
201organization contracts, and exclusive provider organization
202contracts, and any documents directly relating to the
203negotiation, performance, and implementation of any such
204contracts for managed-care arrangements;
205     4.  Bids or other contractual data, banking records, and
206credit agreements the disclosure of which would impair the
207efforts of the not-for-profit corporation or its subsidiaries to
208contract for goods or services on favorable terms;
209     5.  Information relating to private contractual data, the
210disclosure of which would impair the competitive interest of the
211provider of the information;
212     6.  Corporate officer and employee personnel information;
213     7.  Information relating to the proceedings and records of
214credentialing panels and committees and of the governing board
215of the not-for-profit corporation or its subsidiaries relating
216to credentialing;
217     8.  Minutes of meetings of the governing board of the not-
218for-profit corporation and its subsidiaries, except minutes of
219meetings open to the public pursuant to subsection (9);
220     9.  Information that reveals plans for marketing services
221that the corporation or its subsidiaries reasonably expect to be
222provided by competitors;
223     10.  Trade secrets as defined in s. 688.002, including:
224     a.  Information relating to methods of manufacture or
225production, potential trade secrets, potentially patentable
226materials, or proprietary information received, generated,
227ascertained, or discovered during the course of research
228conducted by the not-for-profit corporation or its subsidiaries;
229and
230     b.  Reimbursement methodologies or rates;
231     11.  The identity of donors or prospective donors of
232property who wish to remain anonymous or any information
233identifying such donors or prospective donors. The anonymity of
234these donors or prospective donors must be maintained in the
235auditor's report; or
236     12.  Any information received by the not-for-profit
237corporation or its subsidiaries from an agency in this or
238another state or nation or the Federal Government which is
239otherwise exempt or confidential pursuant to the laws of this or
240another state or nation or pursuant to federal law.
241
242As used in this paragraph, the term "managed care" means systems
243or techniques generally used by third-party payors or their
244agents to affect access to and control payment for health care
245services. Managed-care techniques most often include one or more
246of the following: prior, concurrent, and retrospective review of
247the medical necessity and appropriateness of services or site of
248services; contracts with selected health care providers;
249financial incentives or disincentives related to the use of
250specific providers, services, or service sites; controlled
251access to and coordination of services by a case manager; and
252payor efforts to identify treatment alternatives and modify
253benefit restrictions for high-cost patient care.
254     (c)  Subparagraphs 10. and 12. of paragraph (b) are subject
255to the Open Government Sunset Review Act in accordance with s.
256119.15 and shall stand repealed on October 2, 2010, unless
257reviewed and saved from repeal through reenactment by the
258Legislature.
259     (9)  Meetings of the governing board of the not-for-profit
260corporation and meetings of the subsidiaries of the not-for-
261profit corporation at which the expenditure of dollars
262appropriated to the not-for-profit corporation by the state are
263discussed or reported must remain open to the public in
264accordance with s. 286.011 and s. 24(b), Art. I of the State
265Constitution, unless made confidential or exempt by law. Other
266meetings of the governing board of the not-for-profit
267corporation and of the subsidiaries of the not-for-profit
268corporation are exempt from s. 286.011 and s. 24(b), Art. I of
269the State Constitution.
270     (10)  In addition to the continuing appropriation to the
271institute provided in s. 210.20(2), any appropriation to the
272institute provided in a general appropriations act shall be paid
273directly to the board of directors of the not-for-profit
274corporation by warrant drawn by the Chief Financial Officer from
275the State Treasury.
276     (11)  Notwithstanding the requirements set forth in s.
277458.3145, a medical faculty certificate as described in s.
278458.3145 may be issued to an individual who has been offered and
279accepted a full-time appointment to practice medicine at the
280institute.
281     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.