House Bill hb2009
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Florida House of Representatives - 2002 HB 2009
By the Fiscal Responsibility Council and Representatives
Byrd and Lynn
1 A bill to be entitled
2 An act relating to Alzheimer's disease
3 research; establishing the Florida Alzheimer's
4 Center and Research Institute at the University
5 of South Florida; requiring the State Board of
6 Education to enter into an agreement with a
7 not-for-profit corporation for the governance
8 and operation of the institute; providing that
9 the corporation shall act as an instrumentality
10 of the state; authorizing the creation of
11 subsidiaries by the corporation; providing
12 powers of the corporation; providing for a
13 board of directors of the corporation and the
14 appointment and terms of its membership;
15 authorizing the State Board of Education to
16 secure and provide liability protection;
17 providing for an annual audit and report;
18 providing for assumption of certain
19 responsibilities of the corporation by the
20 State Board of Education under certain
21 circumstances; providing for administration of
22 the institute; providing for dispersal and use
23 of income; providing for reporting of
24 activities; requiring the appointment of a
25 council of scientific advisers; providing
26 responsibilities and terms of the council;
27 providing that the corporation and its
28 subsidiaries are not agencies within the
29 meaning of s. 20.03(11), F.S.; providing
30 appropriations; providing an effective date.
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Florida Alzheimer's Center and Research
4 Institute.--
5 (1) There is established the Florida Alzheimer's
6 Center and Research Institute at the University of South
7 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 Florida Alzheimer's Center and Research Institute, including
12 all furnishings, equipment, and other chattels used in the
13 operation of said facilities, with a Florida not-for-profit
14 corporation organized solely for the purpose of governing and
15 operating the Florida Alzheimer's Center and Research
16 Institute. This not-for-profit corporation, acting as an
17 instrumentality of the state, shall govern and operate the
18 Florida Alzheimer's Center and Research Institute in
19 accordance with the terms of the agreement between the State
20 Board of Education and the not-for-profit corporation. The
21 not-for-profit corporation may, with the prior approval of the
22 State Board of Education, create not-for-profit corporate
23 subsidiaries to fulfill its mission. The not-for-profit
24 corporation and its subsidiaries are authorized to receive,
25 hold, invest, and administer property and any moneys received
26 from private, local, state, and federal sources, as well as
27 technical and professional income generated or derived from
28 practice activities of the institute, for the benefit of the
29 institute and the fulfillment of its mission.
30 (b)1. The affairs of the not-for-profit corporation
31 shall be managed by a board of directors who shall serve
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 without compensation. The board of directors shall consist of
2 the President of the University of South Florida and the chair
3 of the State Board of Education, or their designees, five
4 representatives of the state universities, and no fewer than
5 nine nor more than 14 representatives of the public who are
6 neither medical doctors nor state employees. Each director
7 who is a representative of a state university or of the public
8 shall serve a term of 3 years. The chair of the board of
9 directors shall be selected by a majority vote of the
10 directors. Each director shall have only one vote.
11 2. The initial board of directors shall consist of the
12 President of the University of South Florida and the chair of
13 the State Board of Education, or their designees; the five
14 university representatives, of whom one shall be appointed by
15 the Governor, two by the President of the Senate, and two by
16 the Speaker of the House of Representatives; and nine public
17 representatives, of whom three shall be appointed by the
18 Governor, three by the President of the Senate, and three by
19 the Speaker of the House of Representatives. Upon the
20 expiration of the terms of the initial appointed directors,
21 all directors subject to 3-year terms of office under this
22 paragraph shall be elected by a majority vote of the directors
23 and the board may be expanded to include additional public
24 representative directors up to the maximum number allowed.
25 Any vacancy in office shall be filled for the remainder of the
26 term by majority vote of the directors. Any director may be
27 reelected.
28 (3) The State Board of Education shall provide in the
29 agreement with the not-for-profit corporation for the
30 following:
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 (a) Approval by the State Board of Education of the
2 articles of incorporation of the not-for-profit corporation.
3 (b) Approval by the State Board of Education of the
4 articles of incorporation of any not-for-profit corporate
5 subsidiary created by the not-for-profit corporation.
6 (c) Utilization of hospital facilities and personnel
7 by the not-for-profit corporation and its subsidiaries for
8 mutually approved teaching and research programs conducted by
9 the University of South Florida or other accredited medical
10 schools or research institutes.
11 (d) Preparation of an annual postaudit of the
12 not-for-profit corporation's financial accounts and the
13 financial accounts of any subsidiaries to be conducted by an
14 independent certified public accountant. The annual audit
15 report shall include management letters and shall be submitted
16 to the Auditor General and the State Board of Education for
17 review. The State Board of Education, the Auditor General,
18 and the Office of Program Policy Analysis and Government
19 Accountability shall have the authority to require and receive
20 from the not-for-profit corporation and any subsidiaries or
21 from their independent auditor any detail or supplemental data
22 relative to the operation of the not-for-profit corporation or
23 subsidiary.
24 (e) Provision by the not-for-profit corporation and
25 its subsidiaries of equal employment opportunities to all
26 persons regardless of race, color, religion, sex, age, or
27 national origin.
28 (4) The State Board of Education is authorized to
29 secure comprehensive general liability protection, including
30 professional liability protection, for the not-for-profit
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 corporation and its subsidiaries, pursuant to s. 240.213,
2 Florida Statutes.
3 (5) In the event that the agreement between the
4 not-for-profit corporation and the State Board of Education is
5 terminated for any reason, the State Board of Education shall
6 assume governance and operation of the facilities.
7 (6) The institute shall be administered by a chief
8 executive officer who shall be appointed by and serve at the
9 pleasure of the board of directors of the not-for-profit
10 corporation and who shall have the following powers and
11 duties, subject to the approval of the board of directors:
12 (a) The chief executive officer shall establish
13 programs that fulfill the mission of the institute in
14 research, education, treatment, prevention, and early
15 detection of Alzheimer's disease; however, the chief executive
16 officer may not establish academic programs for which academic
17 credit is awarded and which terminate in the conferring of a
18 degree, without prior approval of the State Board of
19 Education.
20 (b) The chief executive officer shall have control
21 over the budget and the dollars appropriated or donated to the
22 institute from private, local, state, and federal sources, as
23 well as technical and professional income generated or derived
24 from practice activities of the institute. However,
25 professional income generated by university faculty from
26 practice activities at the institute shall be shared between
27 the institute and the university as determined by the chief
28 executive officer and the appropriate university dean or vice
29 president.
30 (c) The chief executive officer shall appoint members
31 to carry out the research, patient care, and educational
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 activities of the institute and determine compensation,
2 benefits, and terms of service. Members of the institute
3 shall be eligible to hold concurrent appointments at
4 affiliated academic institutions. University faculty shall be
5 eligible to hold concurrent appointments at the institute.
6 (d) The chief executive officer shall have control
7 over the use and assignment of space and equipment within the
8 facilities.
9 (e) The chief executive officer shall have the power
10 to create the administrative structure necessary to carry out
11 the mission of the institute.
12 (f) The chief executive officer shall have a reporting
13 relationship to the Commissioner of Education.
14 (g) The chief executive officer shall provide a copy
15 of the institute's annual report to the Governor and Cabinet,
16 the President of the Senate, the Speaker of the House of
17 Representatives, and the chair of the State Board of
18 Education.
19 (7) The board of directors of the not-for-profit
20 corporation shall create a council of scientific advisers to
21 the chief executive officer comprised of leading researchers,
22 physicians, and scientists. The council shall review programs
23 and recommend research priorities and initiatives to maximize
24 the state's investment in the institute. The members of the
25 council shall be appointed by the board of directors of the
26 not-for-profit corporation, except for five members appointed
27 by the State Board of Education. Each member of the council
28 shall be appointed to serve a 2-year term and may be
29 reappointed to the council.
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Florida House of Representatives - 2002 HB 2009
187-979A-02
1 (8) In carrying out the provisions of this section,
2 the not-for-profit corporation and its subsidiaries are not
3 agencies within the meaning of s. 20.03(11), Florida Statutes.
4 Section 2. The sum of $20 million is appropriated for
5 fiscal year 2002-2003 from the Public Education Capital Outlay
6 and Debt Service Trust Fund to the University of South Florida
7 for partial construction of a $40 million research facility at
8 the university for the Florida Alzheimer's Center and Research
9 Institute.
10 Section 3. The sum of $20 million is appropriated for
11 fiscal year 2002-2003 from the General Revenue Fund to the
12 University of South Florida for the operations of the Florida
13 Alzheimer's Center and Research Institute. From this amount
14 $15 million shall be used by the institute to contract with
15 the following entities, at $5 million each, to support the
16 purposes of this act: the Mayo Clinic in Jacksonville,
17 Florida; the University of Florida; and the University of
18 Miami.
19 Section 4. This act shall take effect July 1, 2002.
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22 HOUSE SUMMARY
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Provides for the establishment of the Florida Alzheimer's
24 Center and Research Institute at the University of South
Florida, to be governed and operated by a not-for-profit
25 corporation. See bill for details.
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