Senate Bill 2002

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

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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

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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

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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  

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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

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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.

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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.

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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  

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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

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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.

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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.

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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

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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.

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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

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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.

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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.--

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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

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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  

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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

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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  

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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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    Florida Senate - 2004                           CS for SB 2002
    309-2010-04




 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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    Florida Senate - 2004                           CS for SB 2002
    309-2010-04




 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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    Florida Senate - 2004                           CS for SB 2002
    309-2010-04




 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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    Florida Senate - 2004                           CS for SB 2002
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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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    Florida Senate - 2004                           CS for SB 2002
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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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    Florida Senate - 2004                           CS for SB 2002
    309-2010-04




 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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    Florida Senate - 2004                           CS for SB 2002
    309-2010-04




 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  

                                  41

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Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2020 State of Florida.