December 07, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Select Year:
The Florida Statutes

The 2003 Florida Statutes

Title XLVIII
K-20 EDUCATION CODE
Chapter 1004
PUBLIC POSTSECONDARY EDUCATION
View Entire Chapter
Section 1004.445, Florida Statutes 2003

1004.445  Florida Alzheimer's Center and Research Institute.--

(1)  Effective July 1, 2002, the Florida Alzheimer's Center and Research Institute is established at the University of South Florida.

(2)(a)  The State Board of Education shall enter into an agreement for the utilization of the facilities on the campus of the University of South Florida to be known as the Florida Alzheimer's Center and Research Institute, including all furnishings, equipment, and other chattels used in the operation of those facilities, with a Florida not-for-profit corporation organized solely for the purpose of governing and operating the Florida Alzheimer's Center and Research Institute. This not-for-profit corporation, acting as an instrumentality of the state, shall govern and operate the Florida Alzheimer's Center and Research Institute in accordance with the terms of the agreement between the State Board of Education and the not-for-profit corporation. The not-for-profit corporation may, with the prior approval of the State Board of Education, create not-for-profit corporate subsidiaries to fulfill its mission. The not-for-profit corporation and its subsidiaries are authorized to receive, hold, invest, and administer property and any moneys 1acquired from private, local, state, and federal sources, as well as technical and professional income generated or derived from practice activities of the institute, for the benefit of the institute and the fulfillment of its mission.

(b)1.  The affairs of the not-for-profit corporation shall be managed by a board of directors who shall serve without compensation. The board of directors shall consist of the President of the University of South Florida and the chair of the State Board of Education, or their designees, 5 representatives of the state universities, and no fewer than 9 nor more than 14 representatives of the public who are neither medical doctors nor state employees. Each director who is a representative of a state university or of the public shall be appointed to serve a term of 3 years. The chair of the board of directors shall be selected by a majority vote of the directors. Each director shall have only one vote.

2.  The initial board of directors shall consist of the President of the University of South Florida and the chair of the State Board of Education, or their designees; the five university representatives, of whom one shall be appointed by the Governor, two by the President of the Senate, and two by the Speaker of the House of Representatives; and nine public representatives, of whom three shall be appointed by the Governor, three by the President of the Senate, and three by the Speaker of the House of Representatives. Upon the expiration of the terms of the initial appointed directors, all directors subject to 3-year terms of office under this paragraph shall be 2appointed by a majority vote of the directors and the board may be expanded to include additional public representative directors up to the maximum number allowed. Any vacancy in office shall be filled for the remainder of the term by majority vote of the directors. Any director may be 3reappointed.

(3)  The State Board of Education shall provide in the agreement with the not-for-profit corporation for the following:

(a)  Approval by the State Board of Education of the articles of incorporation of the not-for-profit corporation.

(b)  Approval by the State Board of Education of the articles of incorporation of any not-for-profit corporate subsidiary created by the not-for-profit corporation.

(c)  Utilization of hospital facilities and personnel by the not-for-profit corporation and its subsidiaries for mutually approved teaching and research programs conducted by the University of South Florida or other accredited medical schools or research institutes.

(d)  Preparation of an annual postaudit of the not-for-profit corporation's financial accounts and the financial accounts of any subsidiaries to be conducted by an independent certified public accountant. The annual audit report shall include management letters and shall be submitted to the Auditor General and the State Board of Education for review. The State Board of Education, the Auditor General, and the Office of Program Policy Analysis and Government Accountability shall have the authority to require and receive from the not-for-profit corporation and any subsidiaries, or from their independent auditor, any detail or supplemental data relative to the operation of the not-for-profit corporation or subsidiary.

(e)  Provision by the not-for-profit corporation and its subsidiaries of equal employment opportunities for all persons regardless of race, color, religion, gender, age, or national origin.

(4)  The State Board of Education is authorized to secure comprehensive general liability protection, including professional liability protection, for the not-for-profit corporation and its subsidiaries, pursuant to s. 1004.24.

(5)  In the event that the agreement between the not-for-profit corporation and the State Board of Education is terminated for any reason, the State Board of Education shall assume governance and operation of the facilities.

(6)  The institute shall be administered by a chief executive officer, who shall be appointed by and serve at the pleasure of the board of directors of the not-for-profit corporation, and who shall 4exercise the following powers and duties, subject to the approval of the board of directors:

(a)  The chief executive officer shall establish programs that fulfill the mission of the institute in research, education, treatment, prevention, and early detection of Alzheimer's disease; however, the chief executive officer may not establish academic programs for which academic credit is awarded and which 5culminate in the conferring of a degree, without prior approval of the State Board of Education.

(b)  The chief executive officer shall have control over the budget and the moneys appropriated or donated to the institute from private, local, state, and federal sources, as well as technical and professional income generated or derived from practice activities of the institute. However, professional income generated by university faculty from practice activities at the institute shall be shared between the institute and the university as determined by the chief executive officer and the appropriate university dean or vice president.

(c)  The chief executive officer shall appoint 6representatives of the institute to carry out the research, patient care, and educational activities of the institute and 7establish the compensation, benefits, and terms of service of such representatives. 8Representatives of the institute shall be eligible to hold concurrent appointments at affiliated academic institutions. University faculty shall be eligible to hold concurrent appointments at the institute.

(d)  The chief executive officer shall have control over the use and assignment of space and equipment within the facilities.

(e)  The chief executive officer shall have the power to create the administrative structure necessary to carry out the mission of the institute.

(f)  The chief executive officer shall have a reporting relationship to the Commissioner of Education.

(g)  The chief executive officer shall provide a copy of the institute's annual report to the Governor and Cabinet, the President of the Senate, the Speaker of the House of Representatives, and the chair of the State Board of Education.

(7)  The board of directors of the not-for-profit corporation shall create a council of scientific advisers to the chief executive officer comprised of leading researchers, physicians, and scientists. The council shall review programs and recommend research priorities and initiatives to maximize the state's investment in the institute. The members of the council shall be appointed by the board of directors of the not-for-profit corporation, except for five members who shall be appointed by the State Board of Education. Each member of the council shall be appointed to serve a 2-year term and may be reappointed to the council.

(8)  In carrying out the provisions of this section, the not-for-profit corporation and its subsidiaries are not agencies within the meaning of s. 20.03(11).

(9)  The following information is confidential and exempt from the provisions of s. 119.07(1) and s. 24, Art. I of the State Constitution:

(a)  Personal identifying information relating to clients of programs created or funded through the Florida Alzheimer's Center and Research Institute which is held by the institute, University of South Florida, or State Board of Education or by persons who provide services to clients of programs created or funded through contracts with the Florida Alzheimer's Center and Research Institute;

(b)  Any medical or health records relating to patients which may be created or received by the institute;

(c)  Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets as defined in s. 688.002, or proprietary information received, generated, ascertained, or discovered during the course of research conducted by or through the institute and business transactions resulting from such research;

(d)  The identity of a donor or prospective donor to the Florida Alzheimer's Center and Research Institute who wishes to remain anonymous, and all information identifying such donor or prospective donor;

(e)  Any information received by the institute in the performance of its duties and responsibilities which is otherwise confidential and exempt by law; and

(f)  Any information received by the institute from a person from another state or nation or the Federal Government which is otherwise confidential or exempt pursuant to that state's or nation's laws or pursuant to federal law.

Any governmental entity that demonstrates a need to access such confidential and exempt information in order to perform its duties and responsibilities shall have access to such information and shall otherwise keep such information confidential and exempt. This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 191, ch. 2002-387; s. 2, ch. 2002-389; s. 1, ch. 2002-396.

1Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "received" was used instead of the word "acquired."

2Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "elected" was used instead of the word "appointed."

3Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "reelected" was used instead of the word "reappointed."

4Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "have" was used instead of the word "exercise."

5Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "terminate" was used instead of the word "culminate."

6Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "members" was used instead of the words "representatives of the institute."

7Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "determine" was used instead of the words "establish the."

8Note.--As enacted by s. 2, ch. 2002-389. As enacted by s. 191, ch. 2002-387, the word "Members" was used instead of the word "Representatives."

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader