Florida Senate - 2009                                     SB 902
       
       
       
       By Senator Deutch
       
       
       
       
       30-00521-09                                            2009902__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Public Health
    3         Foundation, Inc.; amending ss. 381.855, 381.911, and
    4         381.912, F.S.; conforming terminology to changes made
    5         by the act; amending s. 381.98, F.S.; changing the
    6         name of the Florida Public Health Foundation, Inc., to
    7         the Florida Public Health Institute, Inc.; modifying
    8         the purpose of the institute; deleting the mission of
    9         the institute; revising the membership of the board of
   10         directors and the term of membership; deleting the
   11         duties of the institute to facilitate communication
   12         between biomedical researchers and health care
   13         providers, to provide an annual report of its
   14         finances, and to provide an annual report of its
   15         activities to the Governor and the Florida Center for
   16         Universal Research to Eradicate Disease; amending s.
   17         381.981, F.S.; conforming terminology to changes made
   18         by the act; providing an effective date.
   19         
   20  Be It Enacted by the Legislature of the State of Florida:
   21         
   22         Section 1. Paragraph (a) of subsection (5) of section
   23  381.855, Florida Statutes, is amended to read:
   24         381.855 Florida Center for Universal Research to Eradicate
   25  Disease.—
   26         (5) There is established within the center an advisory
   27  council that shall meet at least annually.
   28         (a) The council shall consist of one representative from a
   29  Florida not-for-profit institution engaged in basic and clinical
   30  biomedical research and education which receives more than $10
   31  million in annual grant funding from the National Institutes of
   32  Health, to be appointed by the State Surgeon General from a
   33  different institution each term, and one representative from and
   34  appointed by each of the following entities:
   35         1. Enterprise Florida, Inc.
   36         2. BioFlorida.
   37         3. The Biomedical Research Advisory Council.
   38         4. The Florida Medical Foundation.
   39         5. Pharmaceutical Research and Manufacturers of America.
   40         6. The Florida Cancer Council.
   41         7. The American Cancer Society, Florida Division, Inc.
   42         8. The American Heart Association.
   43         9. The American Lung Association of Florida.
   44         10. The American Diabetes Association, South Coastal
   45  Region.
   46         11. The Alzheimer's Association.
   47         12. The Epilepsy Foundation.
   48         13. The National Parkinson Foundation.
   49         14. The Florida Public Health Institute Foundation, Inc.
   50         15. The Florida Research Consortium.
   51         Section 2. Subsections (2), (3), and (4) of section
   52  381.911, Florida Statutes, are amended to read:
   53         381.911 Prostate Cancer Awareness Program.—
   54         (2) For purposes of implementing the program, the
   55  Department of Health and the Florida Public Health Institute
   56  Foundation, Inc., may:
   57         (a) Conduct activities directly or enter into a contract
   58  with a qualified nonprofit community education entity.
   59         (b) Seek any available gifts, grants, or funds from the
   60  state, the Federal Government, philanthropic foundations, and
   61  industry or business groups.
   62         (3) A prostate cancer advisory committee is created to
   63  advise and assist the Department of Health and the Florida
   64  Public Health Institute Foundation, Inc., in implementing the
   65  program.
   66         (a) The State Surgeon General shall appoint the advisory
   67  committee members, who shall consist of:
   68         1. Three persons from prostate cancer survivor groups or
   69  cancer-related advocacy groups.
   70         2. Three persons who are scientists or clinicians from
   71  public universities or research organizations.
   72         3. Three persons who are engaged in the practice of a
   73  cancer-related medical specialty from health organizations
   74  committed to cancer research and control.
   75         (b) Members shall serve without compensation but are
   76  entitled to reimbursement, pursuant to s. 112.061, for per diem
   77  and travel expenses incurred in the performance of their
   78  official duties.
   79         (4) The program shall coordinate its efforts with those of
   80  the Florida Public Health Institute Foundation, Inc.
   81         Section 3. Subsection (1) and paragraph (d) of subsection
   82  (2) of section 381.912, Florida Statutes, are amended to read:
   83         381.912 Cervical Cancer Elimination Task Force.—
   84         (1) Effective July 1, 2004, the Cervical Cancer Elimination
   85  Task Force is established for the purpose of recommending
   86  strategies and actions to reduce the costs and burdens of
   87  cervical cancer in Florida. The task force shall present interim
   88  reports to the Florida Public Health Institute Foundation, Inc.,
   89  the Florida Cancer Council, the Center for Universal Research to
   90  Eradicate Disease, the Governor, the President of the Senate,
   91  and the Speaker of the House of Representatives on January 1,
   92  2006, and July 1, 2007, with a final report due on June 30,
   93  2008. After submitting its final report on or before June 30,
   94  2008, the task force is dissolved.
   95         (2) The task force shall:
   96         (d) Provide recommendations to the Florida Public Health
   97  Institute Foundation, Inc., on public awareness issues relating
   98  to cervical cancer, such as the causes, personal risk factors,
   99  value of prevention, available vaccines, early detection
  100  options, treatment costs, new technology, and education for
  101  health care practitioners.
  102         Section 4. Section 381.98, Florida Statutes, is amended to
  103  read:
  104         381.98 The Florida Public Health Institute Foundation,
  105  Inc.; establishment; purpose; mission; duties; board of
  106  directors.—
  107         (1) The Florida Public Health Institute Foundation, Inc.,
  108  referred to in this section as “the corporation,” is established
  109  for the purpose of advancing the knowledge and practice of
  110  public health, including disseminating breakthrough findings in
  111  biomedical research and promoting health awareness in this state
  112  and providing services to the Department of Health.
  113         (2)The corporation's mission includes disseminating
  114  information about innovative biomedical research and clinical
  115  trials in this state as well as making Floridians and their
  116  treatment providers aware of specified diseases and conditions
  117  and available methods of preventing, diagnosing, treating, and
  118  curing those diseases and conditions.
  119         (2)(3) The purpose and objective of the corporation shall
  120  be to operate exclusively for charitable, scientific, and
  121  educational purposes; to protect and improve the health and
  122  well-being of Florida's people and environment through
  123  partnerships committed to program innovation, education, applied
  124  research, and policy development; and to engage in charitable
  125  programs dedicated to improving the health of Floridians.
  126         (3)(4) The corporation shall be established as a not-for
  127  profit entity qualifying under s. 501(c)(3) of the Internal
  128  Revenue Code. The corporation may receive, hold, invest, and
  129  administer property and any moneys acquired from private, local,
  130  state, and federal sources, as well as technical and
  131  professional income generated or derived from the mission
  132  related activities of the corporation. The corporation shall
  133  have all of the powers conferred upon corporations organized
  134  under chapter 617.
  135         (4)(5) The corporation's duties include procuring funds
  136  necessary for accomplishing the purpose and mission of the
  137  corporation. The corporation shall strive to complement,
  138  supplement, and enhance the missions of the various
  139  organizations, entities, and departments represented on its
  140  board by serving as the lead corporation in the state for
  141  promoting public health awareness.
  142         (5)(6) The affairs of the corporation shall be managed by
  143  an executive director appointed by a board of directors.
  144  consisting of:
  145         (6)The board of directors shall be elected in accordance
  146  with the bylaws of the corporation and shall include, but not be
  147  limited to, the following persons:
  148         (a) The State Surgeon General or his or her designee.
  149         (b) A representative of the Florida Public Health
  150  Association former member of the Senate appointed by the
  151  President of the Senate.
  152         (c) Representatives of local health departments in the
  153  state, with at least one representative from the southern,
  154  central, and northern areas of the state A former member of the
  155  House of Representatives appointed by the Speaker of the House
  156  of Representatives.
  157         (d) Representatives from institutions of higher learning A
  158  representative of the American Heart Association.
  159         (e) Representatives from the private health care, business,
  160  or foundation community A representative of the American Cancer
  161  Society, Florida Division, Inc.
  162  The majority of the board may not be employed by the state.
  163         (f)A representative of the American Lung Association of
  164  Florida.
  165         (g)A representative of the American Diabetes Association,
  166  South Coastal Region.
  167         (h)A representative of the Alzheimer's Association.
  168         (i)A representative of the Epilepsy Foundation.
  169         (j)A representative of the National Parkinson Foundation.
  170         (k)A representative of the March of Dimes, Florida
  171  Chapter.
  172         (l)A representative of the Arthritis Foundation, Florida
  173  Chapter.
  174         (m)A representative of the American Liver Foundation.
  175         (n)A representative of the Florida Council for Behavioral
  176  Healthcare, Inc.
  177         (o)A representative of the Florida Alcohol and Drug Abuse
  178  Association.
  179         (p)A representative of Pharmaceutical Research and
  180  Manufacturers of America.
  181         (q)A representative of the Florida Public Health
  182  Association.
  183         (r)A representative of the Florida Association of County
  184  Health Officers.
  185         (s)A public health academician selected by the State
  186  Health Officer.
  187         (t)A representative of the Florida Academy of Family
  188  Physicians.
  189         (u)Three consumers who have demonstrated an interest in
  190  protecting the public health appointed by the Florida Public
  191  Health Association.
  192         (v)A representative of the Florida Association of Health
  193  Plans.
  194         (7) Members of the board of directors shall serve for 4
  195  year 2-year terms and shall serve without compensation. Each
  196  organization represented on the board of directors shall cover
  197  the expenses of its representative.
  198         (8)The corporation, in consultation with the Department of
  199  Health and the Florida Center for Universal Research to
  200  Eradicate Disease, shall facilitate communication between
  201  biomedical researchers and health care providers each month
  202  according to the health awareness schedule established by the
  203  Florida Public Health Foundation, Inc., in order to ensure
  204  ongoing dialogue between researchers, treatment providers, and
  205  the department.
  206         (8)(9) The corporation and the Department of Health shall
  207  enter into partnerships with providers of continuing education
  208  for health care practitioners, including, but not limited to,
  209  hospitals and state and local medical organizations, to ensure
  210  that practitioners are aware of the most recent and complete
  211  diagnostic and treatment tools.
  212         (9)(10) The corporation may provide personnel to the
  213  Department of Health for the purpose of performing duties and
  214  responsibilities outlined in private and public grants received
  215  by the Department of Health. These personnel are not state
  216  employees and are not entitled to retirement credit and other
  217  benefits provided to state employees under chapters 110 and 112.
  218  These personnel shall perform services pursuant to an agreement
  219  between the corporation and the Department of Health.
  220         (10)(11) The corporation may purchase goods, services, and
  221  property for use by the Department of Health. These purchases
  222  are not subject to the provisions of chapters 253, 255, and 287,
  223  nor to the control or direction of the Department of
  224  Environmental Protection or the Department of Management
  225  Services.
  226         (11)(12) The corporation shall provide an annual report
  227  concerning its activities and finances to the Florida Center for
  228  Universal Research to Eradicate Disease and shall provide copies
  229  of the annual report to the Governor, the President of the
  230  Senate, and the Speaker of the House of Representatives.
  231         Section 5. Section 381.981, Florida Statutes, is amended to
  232  read:
  233         381.981 Health awareness campaigns.—
  234         (1) The Florida Public Health Institute Foundation, Inc.,
  235  in consultation with the Department of Health, shall coordinate
  236  monthly health awareness campaigns with national, state, and
  237  local health care organizations and government entities
  238  targeting a wide range of the public, including: parents;
  239  teachers and other school employees; students in 4th through
  240  12th grades, colleges, and universities; state agency employees;
  241  county and local government employees; patients of county health
  242  departments; Medicaid recipients; health care professionals and
  243  providers; and the public in general.
  244         (2) The awareness campaigns shall include the provision of
  245  educational information about preventing, detecting, treating,
  246  and curing the following diseases or conditions. Additional
  247  diseases and conditions that impact the public health may be
  248  added by the board of directors of the Florida Public Health
  249  Institute Foundation, Inc.; however, each of the following
  250  diseases or conditions must be included in an awareness campaign
  251  during at least 1 month in any 24-month period:
  252         (a) Cancer, including breast, prostate, cervical, ovarian,
  253  colorectal, and skin cancer and leukemia.
  254         (b) Heart disease.
  255         (c) Stroke.
  256         (d) Lung disease, including asthma and smoking-relating
  257  disease.
  258         (e) Neurological disorders and disease, including
  259  Alzheimer's disease, Parkinson's disease, and epilepsy.
  260         (f) Gastrointestinal disease.
  261         (g) Kidney disease.
  262         (h) Diabetes.
  263         (i) Liver disease.
  264         (j) Autoimmune disorders.
  265         (k) Birth defects and prenatal care.
  266         (l) Obesity and malnutrition.
  267         (m) Sexually transmissible disease.
  268         (n) Hepatitis A, hepatitis B, and hepatitis C.
  269         (o) Arthritis.
  270         (p) Vaccine-preventable diseases.
  271         (q) Infectious diseases, including HIV/AIDS.
  272         (r) Substance abuse.
  273         (s) Mental illness.
  274         (t) Lupus.
  275         (u) Osteoporosis.
  276         (3) The health awareness campaigns shall be funded by the
  277  Florida Public Health Institute Foundation, Inc., and the
  278  Department of Health to the extent that funds are available from
  279  public and private sources.
  280         (4) Health awareness information shall be disseminated
  281  through all available methods, including print, audio, visual,
  282  and electronic media.
  283         Section 6. This act shall take effect upon becoming a law.