House Bill 1739

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    Florida House of Representatives - 1999                HB 1739

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to the H. Lee Moffitt Cancer

  3         Center and Research Institute; amending s.

  4         240.512, F.S.; exempting the corporation that

  5         operates the center from participation in

  6         certain budgetary constraints and property

  7         insurance trust funds; prescribing powers and

  8         duties of the center director; providing for

  9         resolution of disputes between the center and

10         other entities in the State University System;

11         deleting power of the Board of Regents to

12         appoint members of the council of scientific

13         advisers; providing an effective date.

14

15         WHEREAS, the Legislature recognizes that the H. Lee

16  Moffitt Cancer Center is a National Cancer Institute

17  Designated Cancer Center, a statewide research institute

18  operating statewide programs, a national resource for basic

19  research and clinical research and multidisciplinary

20  approaches to patient treatment, and a community resource

21  through outreach and communication efforts, and

22         WHEREAS, the Legislature considers the not-for-profit

23  corporation that governs and operates the H. Lee Moffitt

24  Cancer Center and Research Institute and its subsidiaries to

25  be performing a statewide function and to be corporations

26  primarily acting as instrumentalities of the state, NOW,

27  THEREFORE,

28

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

30

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    Florida House of Representatives - 1999                HB 1739

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  1         Section 1.  Subsections (1), (3), (5), and (6) of

  2  section 240.512, Florida Statutes, are amended to read:

  3         240.512  H. Lee Moffitt Cancer Center and Research

  4  Institute.--There is established the H. Lee Moffitt Cancer

  5  Center and Research Institute at the University of South

  6  Florida.

  7         (1)  The Board of Regents shall enter into an agreement

  8  for the utilization of the facilities on the campus of the

  9  University of South Florida to be known as the H. Lee Moffitt

10  Cancer Center and Research Institute, including all

11  furnishings, equipment, and other chattels used in the

12  operation of such said facilities, with a Florida

13  not-for-profit corporation organized solely for the purpose of

14  governing and operating the H. Lee Moffitt Cancer Center and

15  Research Institute.  This not-for-profit corporation, acting

16  as an instrumentality of the State of Florida, shall govern

17  and operate the H. Lee Moffitt Cancer Center and Research

18  Institute in accordance with the terms of the agreement

19  between the Board of Regents and the not-for-profit

20  corporation. The not-for-profit corporation may, with the

21  prior approval of the Board of Regents, create not-for-profit

22  corporate subsidiaries to fulfill its mission. The

23  not-for-profit corporation and its subsidiaries are authorized

24  to receive, hold, invest, and administer property and any

25  moneys received from private, state, and federal sources, as

26  well as technical and professional income generated or derived

27  from practice activities at of the institute, for the benefit

28  of the institute and the fulfillment of its mission,

29  notwithstanding the provisions of ss. 216.052 and 216.301 and

30  pursuant to s. 216.351. The affairs of the corporation shall

31  be managed by a board of directors who shall serve without

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    Florida House of Representatives - 1999                HB 1739

    577-145-99






  1  compensation.  The President of the University of South

  2  Florida and the chair of the Board of Regents, or his or her

  3  designee, shall be directors of the not-for-profit

  4  corporation, together with 5 representatives of the State

  5  University System and no more than 14 nor fewer than 10

  6  directors who are not medical doctors or state employees.

  7  Each director shall have only one vote, shall serve a term of

  8  3 years, and may be reelected to the board.  Other than the

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

10  the Board of Regents, directors shall be elected by a majority

11  vote of the board. The chair of the board of directors shall

12  be selected by majority vote of the directors.

13         (3)  The Board of Regents is authorized to secure

14  comprehensive general liability protection, including

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

16  corporation and its subsidiaries pursuant to s. 240.213. The

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

18  exempt from participation in any property insurance trust fund

19  established by law, including any property insurance trust

20  fund established under chapter 284, as long as the

21  not-for-profit corporation and its subsidiaries maintain

22  private property insurance protection with comparable coverage

23  limits.

24         (5)  The institute shall be administered by a center

25  director who shall serve at the pleasure of the board of

26  directors of the not-for-profit corporation and who shall have

27  the following powers and duties subject to the approval of the

28  board of directors:

29         (a)  The center director shall establish programs which

30  fulfill the mission of the institute in research, education,

31  treatment, prevention, and the early detection of cancer;

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    Florida House of Representatives - 1999                HB 1739

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  1  however, the center director shall not establish academic

  2  programs for which academic credit is awarded and which

  3  terminate in the conference of a degree without prior approval

  4  of the Board of Regents.

  5         (b)  The center director shall have control over the

  6  budget and the dollars appropriated or donated to the

  7  institute from private, state, and federal sources, as well as

  8  research, technical, and professional income generated or

  9  derived from research and practice activities of the

10  institute.  However, professional income generated by

11  university faculty from practice activities at the institute

12  shall be shared between the institute and the university as

13  determined by the center director and the appropriate

14  university department chair.

15         (c)  The center director shall appoint members to carry

16  out the research, patient care, and educational activities of

17  the institute and determine compensation, benefits, and terms

18  of service.  Members of the institute shall be eligible to

19  hold concurrent appointments at affiliated academic

20  institutions. University faculty shall be eligible to hold

21  concurrent appointments at the institute.

22         (d)  The center director shall have control over the

23  use and assignment of space and equipment within the

24  facilities.

25         (e)  The center director shall have the power to create

26  the administrative structure necessary to carry out the

27  mission of the institute.

28         (f)  The center director shall have a reporting

29  relationship to the Chancellor of the State University System.

30  Any dispute between the institute and the university or other

31  affiliated academic institution within the State University

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    Florida House of Representatives - 1999                HB 1739

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  1  System, including a dispute arising out of the appointment of

  2  faculty and the ownership or sharing of royalties and other

  3  rights and interests in intellectual property, shall be

  4  submitted for nonbinding mediation to the Chancellor.

  5         (g)  The center director shall provide a copy of the

  6  institute's annual report to the Governor and Cabinet, the

  7  President of the Senate, the Speaker of the House of

  8  Representatives, and the chair of the Board of Regents.

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

10  corporation shall create a council of scientific advisers to

11  the center director comprised of leading researchers,

12  physicians, and scientists.  This council shall review

13  programs and recommend research priorities and initiatives so

14  as to maximize the state's investment in the institute.  The

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

16  not-for-profit corporation and shall include five appointees

17  of the Board of Regents.  Each member of the council shall be

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

19  council.

20         Section 2.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          SENATE SUMMARY

25    Exempts the corporation that operates the H. Lee Moffitt
      Cancer Center and Research Institute from requirements of
26    participating in any property insurance trust fund
      established by law, so long as it maintains private
27    coverage with limits comparable to those in the state
      fund. Exempts the corporation from certain budgetary
28    requirements. Provides for mediation of disputes between
      the center and other institutions in the State University
29    System. Removes the power of the Board of Regents to
      appoint members of the center's council of scientific
30    advisers.

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