Senate Bill sb1872c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                  CS for SB's 1872 & 2378

    By the Committee on Health Care; and Senators Saunders,
    Fasano, King, Smith, Rich, Dockery and Wise




    587-1813A-05

  1                      A bill to be entitled

  2         An act relating to biomedical research;

  3         providing legislative intent; amending s.

  4         561.121, F.S.; redistributing certain funds

  5         collected from taxes on alcoholic beverages;

  6         amending s. 381.855, F.S.; revising the purpose

  7         of the Florida Center for Universal Research to

  8         Eradicate Disease; requiring the center to

  9         provide grants for cancer research and

10         Alzheimer's disease research; revising

11         membership of the center's advisory council;

12         providing procedures for the awarding of grants

13         for cancer research and Alzheimer's disease

14         research; amending s. 381.921, F.S.; revising a

15         goal of the Florida Cancer Council; amending s.

16         1004.445, F.S.; renaming the Johnnie B. Byrd,

17         Sr., Alzheimer's Center and Research Institute

18         as the "Ronald Reagan Alzheimer's Center and

19         Research Institute"; providing an effective

20         date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  It is the intent of the Legislature to

25  provide increased funding to support grants for biomedical

26  research in this state with the anticipation that sustained

27  funding for biomedical research over a period of years will

28  lead to an alleviation of human suffering from diseases such

29  as cancer and Alzheimer's disease. It is the intent of the

30  Legislature to dramatically reduce this state's inordinately

31  high cancer burden, reducing both cancer incidence and

                                  1

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  mortality, while advancing scientific endeavors in this state,

 2  making this state a world-class leader in cancer research and

 3  treatment. Further, it is the intent of the Legislature to

 4  support Alzheimer's disease research statewide through the

 5  awarding of research grants on a competitive basis.

 6  Additionally, it is the intent of the Legislature to stimulate

 7  dramatic economic development, particularly in the biotech

 8  industry, through investment in this state's biomedical

 9  research.

10         Section 2.  Subsection (1) of section 561.121, Florida

11  Statutes, is amended to read:

12         561.121  Deposit of revenue.--

13         (1)  All state funds collected pursuant to ss. 563.05,

14  564.06, and 565.12 shall be paid into the State Treasury and

15  disbursed in the following manner:

16         (a)1.  Two percent of monthly collections of the excise

17  taxes on alcoholic beverages established in ss. 563.05,

18  564.06, and 565.12 shall be deposited into the Alcoholic

19  Beverage and Tobacco Trust Fund to meet the division's

20  appropriation for the state fiscal year.

21         2.  Beginning July 1, 2004, there is annually

22  distributed $15 million to the Grants and Donations Trust Fund

23  within the Department of Elderly Affairs, and these funds are

24  annually appropriated to support a contract with the Johnnie

25  B. Byrd, Sr., Alzheimer's Center and Research Institute at the

26  University of South Florida for the purposes of conducting

27  research, developing and operating integrated data projects,

28  and providing assistance to memory disorder clinics as

29  established in s. 430.502.

30         2.3.  Beginning July 1, 2004, there is annually

31  distributed $6 million to the Biomedical Research Trust Fund

                                  2

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  within the Department of Health, and these funds are annually

 2  appropriated to the James and Esther King Biomedical Research

 3  Program. From these funds, up to $250,000 shall be available

 4  annually for the operating costs of the Florida Center for

 5  Universal Research to Eradicate Disease.

 6         3.  Beginning July 1, 2005, there is annually

 7  distributed $9 million to the Department of Health, and these

 8  funds are annually appropriated to the Florida Center for

 9  Universal Research to Eradicate Disease to provide grants to

10  researchers seeking cures for cancer, with emphasis given to

11  the goals enumerated in s. 381.921 as those goals inure to the

12  advancement of such cures. From these funds, up to $200,000

13  shall be available annually for administration of the grant

14  program.

15         4.  Beginning July 1, 2005, there is annually

16  distributed $15 million to the Department of Health, and these

17  funds are annually appropriated to the Florida Center for

18  Universal Research to Eradicate Disease to provide grants to

19  researchers seeking cures for Alzheimer's disease. From these

20  funds, up to $200,000 shall be available annually for

21  administration of the grant program and up to $250,000 shall

22  be available annually for the operating costs of the Florida

23  Center for Universal Research to Eradicate Disease.

24         4.  Beginning July 1, 2004, there is annually

25  distributed $9 million to be paid by warrant drawn by the

26  Chief Financial Officer upon the State Treasury to Florida

27  State University for the School of Chiropractic Medicine.

28  Notwithstanding the provisions of chapter 216, until the

29  School of Chiropractic Medicine is completely staffed and

30  fully operational, these funds may be used for any purpose by

31  the university.

                                  3

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (b)  The remainder of collection shall be credited to

 2  the General Revenue Fund.

 3         Section 3.  Section 381.855, Florida Statutes, is

 4  amended to read:

 5         381.855  Florida Center for Universal Research to

 6  Eradicate Disease.--

 7         (1)  The Legislature finds that an estimated 128

 8  million Americans suffer from acute, chronic, and degenerative

 9  diseases and that biomedical research is the key to finding

10  cures for these diseases that negatively affect all

11  Floridians. The Legislature further finds that, while there is

12  much research being conducted throughout this state and

13  throughout the world, there is a lack of coordination of

14  efforts among researchers. The Legislature, therefore, finds

15  that there is a significant need for a coordinated effort if

16  the goal of curing disease is to be achieved. Moreover, the

17  Legislature finds that the biomedical technology sector meets

18  the criteria of a high-impact sector, pursuant to s. 288.108,

19  having a high importance to this state's economy with a

20  significant potential for growth and contribution to our

21  universities and quality of life.

22         (2)  It is the intent of the Legislature that Florida

23  strive to become the nation's leader in biomedical research

24  and commit itself to being the state to find cures for the

25  most deadly and widespread diseases. It is further the intent

26  of the Legislature that there be a coordinated effort among

27  the state's public and private universities and the biomedical

28  industry to discover such cures. Moreover, it is the intent of

29  the Legislature to expand the state economy by attracting

30  biomedical researchers and research companies to this state.

31  

                                  4

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (3)  There is established within the Department of

 2  Health the Florida Center for Universal Research to Eradicate

 3  Disease, which shall be known as "CURED."

 4         (a)  The purpose of the center is to coordinate,

 5  improve, expand, and monitor all biomedical research programs

 6  within the state, provide grants for cancer research and

 7  Alzheimer's disease research, facilitate funding

 8  opportunities, and foster improved technology transfer of

 9  research findings into clinical trials and widespread public

10  use.

11         (b)  The goal of the center is to find cures for

12  diseases such as cancer, heart disease, lung disease,

13  diabetes, autoimmune disorders, and neurological disorders,

14  including Alzheimer's disease, epilepsy, and Parkinson's

15  disease.

16         (c)  The center shall hold an annual biomedical

17  technology summit in Florida to which biomedical researchers,

18  biomedical technology companies, business incubators,

19  pharmaceutical manufacturers, and others around the nation and

20  world are invited to share biomedical research findings in

21  order to expedite the discovery of cures. Summit attendees

22  shall cover the costs of such attendance or obtain sponsorship

23  for such attendance.

24         (d)  The center shall encourage clinical trials in this

25  state on research that holds promise of curing a disease or

26  condition. The center shall facilitate partnerships between

27  researchers, treating physicians, and community hospitals for

28  the purpose of sharing new techniques and new research

29  findings, as well as coordinating voluntary donations to

30  ensure an adequate supply of adult stem cells, placentas, or

31  cord blood.

                                  5

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (e)  The center shall facilitate the formation of

 2  partnerships between researchers in this state and

 3  institutions in other states and countries where research with

 4  rare plants or animals could lead to cures.

 5         (f)  The center shall encourage agricultural colleges

 6  and agricultural businesses in this state to be active in the

 7  search for cures and in providing information to the public

 8  about disease prevention.

 9         (g)  The center shall facilitate partnerships among

10  researchers working to cure all types of diseases, including

11  those that are prevalent in developed countries and those that

12  occur mainly in developing countries.

13         (h)  The center shall also encourage the discovery and

14  production in Florida of vaccines that prevent disease.

15         (i)  The center shall monitor the supply and demand

16  needs of researchers relating to stem cell research and other

17  types of human tissue research. If the center determines that

18  there is a need for increased donation of human tissue, it

19  shall notify hospitals licensed pursuant to chapter 395 which

20  have entered into partnership agreements with research

21  institutes conducting stem cell research located in the same

22  geographic region as the researchers demanding the stem cells

23  or other tissues. Such hospitals shall implement programs that

24  encourage voluntary donations of cord blood or other needed

25  adult tissue.

26         (j)  The center shall be funded through private, state,

27  and federal sources.

28         (k)  The center shall serve as a registry of all known

29  opportunities for biomedical grants and may assist any public

30  or private biomedical research program in this state in

31  preparing grant requests.

                                  6

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (l)  The center shall provide grants for cancer

 2  research and Alzheimer's disease research to further the

 3  search for cures for those diseases.

 4         (m)(l)  The center shall maintain a website with links

 5  to peer-reviewed biomedical research. The website shall also

 6  contain a list of all known biomedical research being

 7  conducted in Florida and shall facilitate communication among

 8  researchers and other interested parties.

 9         (n)(m)  The center shall submit an annual report to the

10  Governor, the President of the Senate, and the Speaker of the

11  House of Representatives no later than January 15 which

12  contains recommendations for legislative change necessary to

13  foster a positive climate for biomedical research in this

14  state.

15         (4)  The Department of Health may outsource the duties

16  of the center to a private entity or state university.

17         (5)  There is established within the center an advisory

18  council that shall meet at least annually.

19         (a)  The council shall consist of the members of the

20  board of directors of the Florida Research Consortium and at

21  least one representative from:

22         1.  The Emerging Technology Commission.

23         2.  Enterprise Florida, Inc.

24         3.  BioFlorida.

25         4.  The Biomedical Research Advisory Council.

26         5.  The Florida Medical Foundation.

27         6.  Pharmaceutical Research and Manufacturers of

28  America.

29         7.  The Florida Tri-Agency Coalition on Smoking OR

30  Health.

31         8.  The Florida Cancer Council.

                                  7

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         9.  The American Cancer Society, Florida Division, Inc.

 2         10.  The American Heart Association.

 3         11.  The American Lung Association of Florida.

 4         12.  The American Diabetes Association, South Coastal

 5  Region.

 6         13.  The Alzheimer's Association.

 7         14.  The Epilepsy Foundation.

 8         15.  The National Parkinson Foundation.

 9         16.  The Florida Public Health Foundation, Inc.

10         17.  Scripps Florida or the entity formed in this state

11  by The Scripps Research Institute.

12         18.  The Florida Research Consortium.

13         (b)  Members of the council shall serve without

14  compensation, and each organization represented shall cover

15  all expenses of its representative.

16         (6)(a)  Applications for cancer research funding may be

17  submitted from any university or established research

18  institute in the state. All qualified investigators in the

19  state, regardless of institution affiliation, shall have equal

20  access and opportunity to compete for the research funding.

21  Grants shall be awarded by the Secretary of Health, after

22  consultation with the council, on the basis of scientific

23  merit, as determined by an open, competitive peer review

24  process that ensures objectivity, consistency, and high

25  quality. The following types of applications shall be

26  considered for funding:

27         1.  Investigator-initiated research grants.

28         2.  Institutional research grants.

29         (b)  To ensure that all proposals for research funding

30  are appropriate and are evaluated fairly on the basis of

31  scientific merit, the Secretary of Health, in consultation

                                  8

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  with the council, shall appoint a peer review panel of

 2  independent, scientifically qualified individuals to review

 3  the scientific content of each proposal and establish its

 4  scientific priority score. The priority scores shall be

 5  forwarded to the council and must be considered in determining

 6  which proposals shall be recommended for funding.

 7         (c)  The council and the peer review panel shall

 8  establish and follow rigorous guidelines for ethical conduct

 9  and adhere to a strict policy with regard to conflict of

10  interest. A member of the council or panel may not participate

11  in any discussion or decision with respect to a research

12  proposal by any firm, entity, or agency with which the member

13  is associated as a member of the governing body or as an

14  employee, or with which the member has entered into a

15  contractual arrangement. Meetings of the council and the peer

16  review panels are subject to chapter 119, s. 286.011, and s.

17  24, Art. I of the State Constitution.

18         (7)(a)  Applications for Alzheimer's disease research

19  funding may be submitted from any university or established

20  research institute in the state. All qualified investigators

21  in the state, regardless of institution affiliation, shall

22  have equal access and opportunity to compete for the research

23  funding. Grants shall be awarded by the Secretary of Health,

24  after consultation with the council, on the basis of

25  scientific merit, as determined by an open, competitive peer

26  review process that ensures objectivity, consistency, and high

27  quality. The following types of applications shall be

28  considered for funding:

29         1.  Investigator-initiated research grants.

30         2.  Institutional research grants.

31  

                                  9

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (b)  To ensure that all proposals for research funding

 2  are appropriate and are evaluated fairly on the basis of

 3  scientific merit, the Secretary of Health, in consultation

 4  with the council, shall appoint a peer review panel of

 5  independent, scientifically qualified individuals to review

 6  the scientific content of each proposal and establish its

 7  scientific priority score. The priority scores shall be

 8  forwarded to the council and must be considered in determining

 9  which proposals shall be recommended for funding.

10         (c)  The council and the peer review panel shall

11  establish and follow rigorous guidelines for ethical conduct

12  and adhere to a strict policy with regard to conflict of

13  interest. A member of the council or panel may not participate

14  in any discussion or decision with respect to a research

15  proposal by any firm, entity, or agency with which the member

16  is associated as a member of the governing body or as an

17  employee, or with which the member has entered into a

18  contractual arrangement. Meetings of the council and the peer

19  review panels are subject to chapter 119, s. 286.011, and s.

20  24, Art. I of the State Constitution.

21         Section 4.  Section 381.921, Florida Statutes, is

22  amended to read:

23         381.921  Florida Cancer Council mission and

24  duties.--The council, which shall work in concert with the

25  Florida Center for Universal Research to Eradicate Disease to

26  ensure that the goals of the center are advanced, shall

27  endeavor to dramatically improve cancer research and treatment

28  in this state through:

29         (1)  Efforts to significantly expand cancer research

30  capacity in the state by:

31  

                                  10

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (a)  Identifying ways to attract new research talent

 2  and attendant national grant-producing researchers to

 3  Florida-based cancer research facilities in this state;

 4         (b)  Implementing a peer-reviewed, competitive process

 5  to identify and fund the best proposals to expand cancer

 6  research institutes in this state;

 7         (c)  Funding through available resources for those

 8  proposals that demonstrate the greatest opportunity to attract

 9  federal research grants and private financial support;

10         (d)  Encouraging the employment of bioinformatics in

11  order to create a cancer informatics infrastructure that

12  enhances information and resource exchange and integration

13  through researchers working in diverse disciplines, to

14  facilitate the full spectrum of cancer investigations;

15         (e)  Facilitating the technical coordination, business

16  development, and support of intellectual property as it

17  relates to the advancement of cancer research; and

18         (f)  Aiding in other multidisciplinary research-support

19  activities as they inure to the advancement of cancer

20  research.

21         (2)  Efforts to improve both research and treatment

22  through greater participation in clinical trials networks by:

23         (a)  Identifying ways to increase adult enrollment in

24  cancer clinical trials;

25         (b)  Supporting public and private professional

26  education programs designed to increase the awareness and

27  knowledge about cancer clinical trials;

28         (c)  Providing tools to cancer patients and

29  community-based oncologists to aid in the identification of

30  cancer clinical trials available in the state; and

31  

                                  11

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (d)  Creating opportunities for the state's academic

 2  cancer centers to collaborate with community-based oncologists

 3  in cancer clinical trials networks.

 4         (3)  Efforts to reduce the impact of cancer on

 5  disparate groups by:

 6         (a)  Identifying those cancers that disproportionately

 7  impact certain demographic groups; and

 8         (b)  Building collaborations designed to reduce health

 9  disparities as they relate to cancer.

10         Section 5.  Section 1004.445, Florida Statutes, is

11  amended to read:

12         1004.445  Ronald Reagan Johnnie B. Byrd, Sr.,

13  Alzheimer's Center and Research Institute.--

14         (1)  The Ronald Reagan Johnnie B. Byrd, Sr.,

15  Alzheimer's Center and Research Institute is established at

16  the University of South Florida.

17         (2)(a)  The State Board of Education shall enter into

18  an agreement for the utilization of the facilities on the

19  campus of the University of South Florida to be known as the

20  Ronald Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and

21  Research Institute, including all furnishings, equipment, and

22  other chattels used in the operation of those facilities, with

23  a Florida not-for-profit corporation organized solely for the

24  purpose of governing and operating the Ronald Reagan Johnnie

25  B. Byrd, Sr., Alzheimer's Center and Research Institute. This

26  not-for-profit corporation, acting as an instrumentality of

27  the state, shall govern and operate the Ronald Reagan Johnnie

28  B. Byrd, Sr., Alzheimer's Center and Research Institute in

29  accordance with the terms of the agreement between the State

30  Board of Education and the not-for-profit corporation. The

31  not-for-profit corporation may, with the prior approval of the

                                  12

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  State Board of Education, create either for-profit or

 2  not-for-profit corporate subsidiaries, or both, to fulfill its

 3  mission. The not-for-profit corporation and its subsidiaries

 4  are authorized to receive, hold, invest, and administer

 5  property and any moneys acquired from private, local, state,

 6  and federal sources, as well as technical and professional

 7  income generated or derived from practice activities of the

 8  institute, for the benefit of the institute and the

 9  fulfillment of its mission.

10         (b)1.  The affairs of the not-for-profit corporation

11  shall be managed by a board of directors who shall serve

12  without compensation. The board of directors shall consist of

13  the President of the University of South Florida and the chair

14  of the State Board of Education, or their designees, 5

15  representatives of the state universities, and no fewer than 9

16  nor more than 14 representatives of the public who are neither

17  medical doctors nor state employees. Each director who is a

18  representative of a state university or of the public shall be

19  appointed to serve a term of 3 years. The chair of the board

20  of directors shall be selected by a majority vote of the

21  directors. Each director shall have only one vote.

22         2.  The initial board of directors shall consist of the

23  President of the University of South Florida and the chair of

24  the State Board of Education, or their designees; the five

25  university representatives, of whom one shall be appointed by

26  the Governor, two by the President of the Senate, and two by

27  the Speaker of the House of Representatives; and nine public

28  representatives, of whom three shall be appointed by the

29  Governor, three by the President of the Senate, and three by

30  the Speaker of the House of Representatives. Upon the

31  expiration of the terms of the initial appointed directors,

                                  13

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  all directors subject to 3-year terms of office under this

 2  paragraph shall be appointed by a majority vote of the

 3  directors and the board may be expanded to include additional

 4  public representative directors up to the maximum number

 5  allowed. Any vacancy in office shall be filled for the

 6  remainder of the term by majority vote of the directors. Any

 7  director may be reappointed.

 8         (3)  The State Board of Education shall provide in the

 9  agreement with the not-for-profit corporation for the

10  following:

11         (a)  Approval by the State Board of Education of the

12  articles of incorporation of the not-for-profit corporation.

13         (b)  Approval by the State Board of Education of the

14  articles of incorporation of any not-for-profit corporate

15  subsidiary created by the not-for-profit corporation.

16         (c)  Utilization of lands, facilities, and personnel by

17  the not-for-profit corporation and its subsidiaries for

18  research, education, treatment, prevention, and the early

19  detection of Alzheimer's disease and for mutually approved

20  teaching and research programs conducted by the University of

21  South Florida or other accredited medical schools or research

22  institutes.

23         (d)  Preparation of an annual financial audit pursuant

24  to s. 11.45 of the not-for-profit corporation's accounts and

25  the accounts of any subsidiaries to be conducted by an

26  independent certified public accountant. The annual audit

27  report shall include management letters and shall be submitted

28  to the Auditor General and the State Board of Education for

29  review. The State Board of Education, the Auditor General, and

30  the Office of Program Policy Analysis and Government

31  Accountability shall have the authority to require and receive

                                  14

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  from the not-for-profit corporation and any subsidiaries, or

 2  from their independent auditor, any detail or supplemental

 3  data relative to the operation of the not-for-profit

 4  corporation or subsidiary.

 5         (e)  Provision by the not-for-profit corporation and

 6  its subsidiaries of equal employment opportunities for all

 7  persons regardless of race, color, religion, gender, age, or

 8  national origin.

 9         (4)  The State Board of Education is authorized to

10  secure comprehensive general liability protection, including

11  professional liability protection, for the not-for-profit

12  corporation and its subsidiaries, pursuant to s. 1004.24. The

13  not-for-profit corporation and its subsidiaries shall be

14  exempt from any participation in any property insurance trust

15  fund established by law, including any property insurance

16  trust fund established pursuant to chapter 284, so long as the

17  not-for-profit corporation and its subsidiaries maintain

18  property insurance protection with comparable or greater

19  coverage limits.

20         (5)  In the event that the agreement between the

21  not-for-profit corporation and the State Board of Education is

22  terminated for any reason, the State Board of Education shall

23  assume governance and operation of the facilities.

24         (6)  The institute shall be administered by a chief

25  executive officer, who shall be appointed by and serve at the

26  pleasure of the board of directors of the not-for-profit

27  corporation, and who shall exercise the following powers and

28  duties, subject to the approval of the board of directors:

29         (a)  The chief executive officer shall establish

30  programs that fulfill the mission of the institute in

31  research, education, treatment, prevention, and early

                                  15

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  detection of Alzheimer's disease; however, the chief executive

 2  officer may not establish academic programs for which academic

 3  credit is awarded and which culminate in the conferring of a

 4  degree, without prior approval of the State Board of

 5  Education.

 6         (b)  The chief executive officer shall have control

 7  over the budget and the moneys appropriated or donated to the

 8  institute from private, local, state, and federal sources, as

 9  well as technical and professional income generated or derived

10  from practice activities of the institute. However,

11  professional income generated by university faculty from

12  practice activities at the institute shall be shared between

13  the institute and the university as determined by the chief

14  executive officer and the appropriate university dean or vice

15  president.

16         (c)  The chief executive officer shall appoint

17  representatives of the institute to carry out the research,

18  patient care, and educational activities of the institute and

19  establish the compensation, benefits, and terms of service of

20  such representatives. Representatives of the institute shall

21  be eligible to hold concurrent appointments at affiliated

22  academic institutions. University faculty shall be eligible to

23  hold concurrent appointments at the institute.

24         (d)  The chief executive officer shall have control

25  over the use and assignment of space and equipment within the

26  facilities.

27         (e)  The chief executive officer shall have the power

28  to create the administrative structure necessary to carry out

29  the mission of the institute.

30         (f)  The chief executive officer shall have a reporting

31  relationship to the Commissioner of Education.

                                  16

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (g)  The chief executive officer shall provide a copy

 2  of the institute's annual report to the Governor and Cabinet,

 3  the President of the Senate, the Speaker of the House of

 4  Representatives, and the chair of the State Board of

 5  Education.

 6         (7)  The board of directors of the not-for-profit

 7  corporation shall create a council of scientific advisers to

 8  the chief executive officer comprised of leading researchers,

 9  physicians, and scientists. The council shall review programs

10  and recommend research priorities and initiatives to maximize

11  the state's investment in the institute. The members of the

12  council shall be appointed by the board of directors of the

13  not-for-profit corporation. Each member of the council shall

14  be appointed to serve a 2-year term and may be reappointed to

15  the council.

16         (8)  In carrying out the provisions of this section,

17  the not-for-profit corporation and its subsidiaries are not

18  agencies within the meaning of s. 20.03(11).

19         (9)  The following information is confidential and

20  exempt from the provisions of s. 119.07(1) and s. 24, Art. I

21  of the State Constitution:

22         (a)  Personal identifying information relating to

23  clients of programs created or funded through the Ronald

24  Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and Research

25  Institute which is held by the institute, University of South

26  Florida, or State Board of Education or by persons who provide

27  services to clients of programs created or funded through

28  contracts with the Ronald Reagan Johnnie B. Byrd, Sr.,

29  Alzheimer's Center and Research Institute;

30         (b)  Any medical or health records relating to patients

31  which may be created or received by the institute;

                                  17

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1         (c)  Materials that relate to methods of manufacture or

 2  production, potential trade secrets, potentially patentable

 3  material, actual trade secrets as defined in s. 688.002, or

 4  proprietary information received, generated, ascertained, or

 5  discovered during the course of research conducted by or

 6  through the institute and business transactions resulting from

 7  such research;

 8         (d)  The identity of a donor or prospective donor to

 9  the Ronald Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and

10  Research Institute who wishes to remain anonymous, and all

11  information identifying such donor or prospective donor;

12         (e)  Any information received by the institute in the

13  performance of its duties and responsibilities which is

14  otherwise confidential and exempt by law; and

15         (f)  Any information received by the institute from a

16  person from another state or nation or the Federal Government

17  which is otherwise confidential or exempt pursuant to that

18  state's or nation's laws or pursuant to federal law.

19  

20  Any governmental entity that demonstrates a need to access

21  such confidential and exempt information in order to perform

22  its duties and responsibilities shall have access to such

23  information and shall otherwise keep such information

24  confidential and exempt. This section is subject to the Open

25  Government Sunset Review Act of 1995 in accordance with s.

26  119.15 and shall stand repealed on October 2, 2006, unless

27  reviewed and saved from repeal through reenactment by the

28  Legislature.

29         (10)  Any appropriation to the institute provided in a

30  general appropriations act shall be paid directly to the board

31  

                                  18

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






    Florida Senate - 2005                  CS for SB's 1872 & 2378
    587-1813A-05




 1  of directors of the not-for-profit corporation by warrant

 2  drawn by the Chief Financial Officer from the State Treasury.

 3         Section 6.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                        SBs 1872 and 2378

 7                                 

 8  The Committee Substitute differs from SBs 1872 and 2378 in the
    following ways:
 9  
    The bill provides funding for biomedical research by
10  redistributing funds that are deposited in the Alcoholic
    Beverage and Tobacco Trust Fund. The bill deletes the $15
11  million that currently funds the Johnnie B. Byrd, Sr.,
    Alzheimer's Center and Research Institute and designates
12  instead that $15 million be directed annually to the
    Department of Health for the Florida Center for Universal
13  Research to Eradicate Disease to provide grants for
    Alzheimer's disease research. The bill deletes the $9 million
14  that is annually distributed to the Florida State University
    School of Chiropractic Medicine and instead directs $9 million
15  annually to the Department of Health for the Florida Center
    for Universal Research to Eradicate Disease for grants for
16  cancer research.

17  The bill does not allocate tobacco settlement funds or
    cigarette tax proceeds for cancer research and does not
18  require the Florida Cancer Council to provide grants for
    cancer research.
19  
    The bill renames the Johnnie B. Byrd, Sr., Alzheimer's Center
20  and Research Institute as the Ronald Reagan Alzheimer's Center
    and Research Institute.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  19

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