HOUSE AMENDMENT Bill No. HB 751 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Galvano offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 271-444, and insert:
16	1004.445 Johnnie B. Byrd, Sr.,FloridaAlzheimer's Center
17	and Research Institute.--
18	(1) Effective July 1, 2002, The Johnnie B. Byrd, Sr.,
19	FloridaAlzheimer's Center and Research Institute is established
20	at the University of South Florida.
21	(2)(a) The State Board of Education shall enter into an
22	agreement for the utilization of the facilities on the campus of
23	the University of South Florida to be known as the Johnnie B.
24	Byrd, Sr.,FloridaAlzheimer's Center and Research Institute,
25	including all furnishings, equipment, and other chattels used in
26	the operation of those facilities, with a Florida not-for-profit
27	corporation organized solely for the purpose of governing and
28	operating the Johnnie B. Byrd, Sr.,FloridaAlzheimer's Center
29	and Research Institute. This not-for-profit corporation, acting
30	as an instrumentality of the state, shall govern and operate the
31	Johnnie B. Byrd, Sr.,FloridaAlzheimer's Center and Research
32	Institute in accordance with the terms of the agreement between
33	the State Board of Education and the not-for-profit corporation.
34	The not-for-profit corporation may, with the prior approval of
35	the State Board of Education, create not-for-profitcorporate
36	subsidiaries to fulfill its mission. The not-for-profit
37	corporation and its subsidiaries are authorized to receive,
38	hold, invest, and administer property and any moneys acquired
39	from private, local, state, and federal sources, as well as
40	technical and professional income generated or derived from
41	practice activities of the institute, for the benefit of the
42	institute and the fulfillment of its mission.
43	(b)1. The affairs of the not-for-profit corporation shall
44	be managed by a board of directors who shall serve without
45	compensation. The board of directors shall consist of the
46	President of the University of South Florida and the chair of
47	the State Board of Education, or their designees, 5
48	representatives of the state universities, and no fewer than 9
49	nor more than 14 representatives of the public who are neither
50	medical doctors nor state employees. Each director who is a
51	representative of a state university or of the public shall be
52	appointed to serve a term of 3 years. The chair of the board of
53	directors shall be selected by a majority vote of the directors.
54	Each director shall have only one vote.
55	2. The initial board of directors shall consist of the
56	President of the University of South Florida and the chair of
57	the State Board of Education, or their designees; the five
58	university representatives, of whom one shall be appointed by
59	the Governor, two by the President of the Senate, and two by the
60	Speaker of the House of Representatives; and nine public
61	representatives, of whom three shall be appointed by the
62	Governor, three by the President of the Senate, and three by the
63	Speaker of the House of Representatives. Upon the expiration of
64	the terms of the initial appointed directors, all directors
65	subject to 3-year terms of office under this paragraph shall be
66	appointed by a majority vote of the directors and the board may
67	be expanded to include additional public representative
68	directors up to the maximum number allowed. Any vacancy in
69	office shall be filled for the remainder of the term by majority
70	vote of the directors. Any director may be reappointed.
71	(3) The State Board of Education shall provide in the
72	agreement with the not-for-profit corporation for the following:
73	(a) Approval by the State Board of Education of the
74	articles of incorporation of the not-for-profit corporation.
75	(b) Approval by the State Board of Education of the
76	articles of incorporation of any not-for-profit corporate
77	subsidiary created by the not-for-profit corporation.
78	(c) Utilization of lands,hospital facilities,and
79	personnel by the not-for-profit corporation and its subsidiaries
80	for research, education, treatment, prevention, and the early
81	detection of Alzheimer’s disease andfor mutually approved
82	teaching and research programs conducted by the University of
83	South Florida or other accredited medical schools or research
84	institutes.
85	(d) Preparation of an annual postaudit of the not-for-
86	profit corporation's financial accounts and the financial
87	accounts of any subsidiaries to be conducted by an independent
88	certified public accountant. The annual audit report shall
89	include management letters and shall be submitted to the Auditor
90	General and the State Board of Education for review. The State
91	Board of Education, the Auditor General, and the Office of
92	Program Policy Analysis and Government Accountability shall have
93	the authority to require and receive from the not-for-profit
94	corporation and any subsidiaries, or from their independent
95	auditor, any detail or supplemental data relative to the
96	operation of the not-for-profit corporation or subsidiary.
97	(e) Provision by the not-for-profit corporation and its
98	subsidiaries of equal employment opportunities for all persons
99	regardless of race, color, religion, gender, age, or national
100	origin.
101	(4) The State Board of Education is authorized to secure
102	comprehensive general liability protection, including
103	professional liability protection, for the not-for-profit
104	corporation and its subsidiaries, pursuant to s. 1004.24. The
105	not-for-profit corporation and its subsidiaries shall be exempt
106	from any participation in any property insurance trust fund
107	established by law, including any property insurance trust fund
108	established pursuant to chapter 284, so long as the not-for-
109	profit corporation and its subsidiaries maintain property
110	insurance protection with comparable or greater coverage limits.
111	(5) In the event that the agreement between the not-for-
112	profit corporation and the State Board of Education is
113	terminated for any reason, the State Board of Education shall
114	assume governance and operation of the facilities.
115	(6) The institute shall be administered by a chief
116	executive officer, who shall be appointed by and serve at the
117	pleasure of the board of directors of the not-for-profit
118	corporation, and who shall exercise the following powers and
119	duties, subject to the approval of the board of directors:
120	(a) The chief executive officer shall establish programs
121	that fulfill the mission of the institute in research,
122	education, treatment, prevention, and early detection of
123	Alzheimer's disease; however, the chief executive officer may
124	not establish academic programs for which academic credit is
125	awarded and which culminate in the conferring of a degree,
126	without prior approval of the State Board of Education.
127	(b) The chief executive officer shall have control over
128	the budget and the moneys appropriated or donated to the
129	institute from private, local, state, and federal sources, as
130	well as technical and professional income generated or derived
131	from practice activities of the institute. However, professional
132	income generated by university faculty from practice activities
133	at the institute shall be shared between the institute and the
134	university as determined by the chief executive officer and the
135	appropriate university dean or vice president.
136	(c) The chief executive officer shall appoint
137	representatives of the institute to carry out the research,
138	patient care, and educational activities of the institute and
139	establish the compensation, benefits, and terms of service of
140	such representatives. Representatives of the institute shall be
141	eligible to hold concurrent appointments at affiliated academic
142	institutions. University faculty shall be eligible to hold
143	concurrent appointments at the institute.
144	(d) The chief executive officer shall have control over
145	the use and assignment of space and equipment within the
146	facilities.
147	(e) The chief executive officer shall have the power to
148	create the administrative structure necessary to carry out the
149	mission of the institute.
150	(f) The chief executive officer shall have a reporting
151	relationship to the Commissioner of Education.
152	(g) The chief executive officer shall provide a copy of
153	the institute's annual report to the Governor and Cabinet, the
154	President of the Senate, the Speaker of the House of
155	Representatives, and the chair of the State Board of Education.
156	(7) The board of directors of the not-for-profit
157	corporation shall create a council of scientific advisers to the
158	chief executive officer comprised of leading researchers,
159	physicians, and scientists. The council shall review programs
160	and recommend research priorities and initiatives to maximize
161	the state's investment in the institute. The members of the
162	council shall be appointed by the board of directors of the not-
163	for-profit corporation, except for five members who shall be
164	appointed by the State Board of Education. Each member of the
165	council shall be appointed to serve a 2-year term and may be
166	reappointed to the council.
167	(8) In carrying out the provisions of this section, the
168	not-for-profit corporation and its subsidiaries are not agencies
169	within the meaning of s. 20.03(11).
170	(9) The following information is confidential and exempt
171	from the provisions of s. 119.07(1) and s. 24, Art. I of the
172	State Constitution:
173	(a) Personal identifying information relating to clients
174	of programs created or funded through the Johnnie B. Byrd, Sr.,
175	FloridaAlzheimer's Center and Research Institute which is held
176	by the institute, University of South Florida, or State Board of
177	Education or by persons who provide services to clients of
178	programs created or funded through contracts with the Johnnie B.
179	Byrd, Sr.,FloridaAlzheimer's Center and Research Institute;
180	(b) Any medical or health records relating to patients
181	which may be created or received by the institute;
182	(c) Materials that relate to methods of manufacture or
183	production, potential trade secrets, potentially patentable
184	material, actual trade secrets as defined in s. 688.002, or
185	proprietary information received, generated, ascertained, or
186	discovered during the course of research conducted by or through
187	the institute and business transactions resulting from such
188	research;
189	(d) The identity of a donor or prospective donor to the
190	Johnnie B. Byrd, Sr.,FloridaAlzheimer's Center and Research
191	Institute who wishes to
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193	================= T I T L E A M E N D M E N T =================
194	Remove line(s) 10-25, and insert:
195	An act relating to the H. Lee Moffitt Cancer Center and
196	Research Institute and the Johnnie B. Byrd, Sr.,
197	Alzheimer's Center and Research Institute at the
198	University of South Florida; amending s. 1004.43, F.S.;
199	authorizing the establishment of for-profit subsidiaries
200	of the governing corporation; providing that the contract
201	with the State Board of Education shall permit the use of
202	lands and facilities for research, education, treatment,
203	prevention, and early detection of cancer; authorizing the
204	governing corporation and its subsidiaries to obtain their
205	own property insurance coverage; providing that certain
206	appropriations shall be paid directly to the board of
207	directors of the governing corporation; changing the
208	appointing authority for certain members of the council of
209	scientific advisors; amending s. 1004.445, F.S.; renaming
210	the Florida Alzheimer's Center and Research Institute as
211	the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
212	Center; deleting obsolete language;