1 | A bill to be entitled |
2 | An act relating to health care initiatives; creating s. |
3 | 460.4062, F.S.; authorizing the Department of Health to |
4 | issue a chiropractic medicine faculty certificate for |
5 | certain faculty who have accepted appointment at a |
6 | publicly funded state university or college; authorizing |
7 | an application fee; providing requirements; providing for |
8 | renewal and expiration of the certificate; creating s. |
9 | 1004.383, F.S.; authorizing a chiropractic medicine degree |
10 | program at Florida State University; amending s. 561.121, |
11 | F.S.; providing for annual appropriations from the |
12 | proceeds of the excise tax on alcoholic beverages; |
13 | providing for distribution of the funds to the Department |
14 | of Elderly Affairs, the Department of Health, and Florida |
15 | State University for specified research and programs; |
16 | amending s. 1004.43, F.S.; authorizing the establishment |
17 | of for-profit subsidiaries of the governing corporation of |
18 | the H. Lee Moffitt Cancer Center and Research Institute; |
19 | prohibiting certain activities by such for-profit |
20 | subsidiaries; requiring that the contract with the State |
21 | Board of Education permit the use of lands, facilities, |
22 | and personnel for research, education, treatment, |
23 | prevention, and early detection of cancer; authorizing the |
24 | governing corporation and its subsidiaries to obtain their |
25 | own property insurance coverage; requiring that certain |
26 | appropriations be paid directly to the board of directors |
27 | of the governing corporation; changing the appointing |
28 | authority for certain members of the council of scientific |
29 | advisers; amending s. 1004.445, F.S.; renaming the Florida |
30 | Alzheimer's Center and Research Institute as the Johnnie |
31 | B. Byrd, Sr., Alzheimer's Center and Research Institute; |
32 | deleting obsolete provisions; authorizing the |
33 | establishment of for-profit subsidiaries of the governing |
34 | corporation; requiring that the contract with the State |
35 | Board of Education permit the use of lands, facilities, |
36 | and personnel for research, education, treatment, |
37 | prevention, and early detection of Alzheimer's disease; |
38 | authorizing the governing corporation and its subsidiaries |
39 | to obtain their own property insurance coverage; requiring |
40 | that certain appropriations be paid directly to the board |
41 | of directors of the governing corporation; changing the |
42 | appointing authority for certain members of the council of |
43 | scientific advisers; creating the Florida Center for |
44 | Universal Research to Eradicate Disease within the |
45 | Department of Health; providing legislative findings and |
46 | intent; specifying the purpose and duties of the center; |
47 | requiring an annual report to the Governor and |
48 | Legislature; authorizing the department to outsource the |
49 | duties of the center; creating an advisory council; |
50 | amending s. 215.5602, F.S.; expanding the long-term goals |
51 | of the James and Esther King Biomedical Research Program |
52 | to include the cure of specified diseases; providing |
53 | funding priority; amending s. 215.5601, F.S., relating to |
54 | the Lawton Chiles Endowment Fund, to conform an intent |
55 | provision; designating the Life Sciences Building at |
56 | Florida State University as the "James E. 'Jim' King, Jr., |
57 | Building"; authorizing Florida State University to erect |
58 | markers; creating the Florida Cancer Research Cooperative, |
59 | Inc.; providing for a board of directors; requiring annual |
60 | reports; specifying the cooperative's mission and duties; |
61 | creating the Florida Public Health Foundation, Inc.; |
62 | providing for the foundation's duties and mission; |
63 | providing for its board of directors; requiring annual |
64 | reports; requiring the foundation to coordinate monthly |
65 | health awareness campaigns to disseminate information |
66 | about specified diseases and conditions; establishing the |
67 | Prostate Cancer Awareness Program within the Department of |
68 | Health for the purpose of providing statewide outreach and |
69 | education concerning the early detection of prostate |
70 | cancer; authorizing the department and the Florida Public |
71 | Health Foundation, Inc., to enter into contracts and seek |
72 | grant moneys; creating an advisory committee to assist the |
73 | program; providing for membership of the committee; |
74 | authorizing reimbursement for certain per diem and travel |
75 | expenses; creating the Cervical Cancer Elimination Task |
76 | Force; providing duties and membership of the task force; |
77 | requiring the task force to make periodic reports to the |
78 | Governor and the Legislature; providing for the task force |
79 | to be dissolved on a specified date; providing an |
80 | effective date. |
81 |
|
82 | Be It Enacted by the Legislature of the State of Florida: |
83 |
|
84 | Section 1. Section 460.4062, Florida Statutes, is created |
85 | to read: |
86 | 460.4062 Chiropractic medicine faculty certificate.-- |
87 | (1) The department may issue a chiropractic medicine |
88 | faculty certificate without examination to an individual who |
89 | remits a nonrefundable application fee, not to exceed $100 as |
90 | determined by rule of the board, and who demonstrates to the |
91 | board that he or she meets the following requirements: |
92 | (a) Is a graduate of an accredited school or college of |
93 | chiropractic accredited by the Council on Chiropractic |
94 | Education. |
95 | (b) Holds a valid current license to practice chiropractic |
96 | medicine in another jurisdiction in the United States. |
97 | (c) Is at least 21 years of age and of good moral |
98 | character. |
99 | (d) Has not committed any act or offense in any |
100 | jurisdiction which would constitute the basis for discipline |
101 | under this chapter or chapter 456. |
102 | (e) Has been offered and has accepted a full-time faculty |
103 | appointment to teach in a program of chiropractic medicine at a |
104 | publicly funded state university or college and provides a |
105 | certification from the dean of the appointing college |
106 | acknowledging the appointment. |
107 | (2) The certificate shall authorize the holder to practice |
108 | only in conjunction with his or her faculty position at a |
109 | publicly funded state university or college and its affiliated |
110 | clinics that are registered with the board as sites at which |
111 | holders of chiropractic medicine faculty certificates will be |
112 | practicing. Such certificate shall automatically expire upon |
113 | termination of the holder's relationship with the school or |
114 | after a period of 2 years, whichever occurs first. |
115 | (3) The holder of a faculty certificate may engage in the |
116 | practice of chiropractic medicine as permitted by this section. |
117 | (4) Notwithstanding subsection (2), a chiropractic |
118 | medicine faculty certificate is renewable every 2 years by a |
119 | holder who applies to the board on a form prescribed by the |
120 | board and who continues to satisfy the requirements set forth in |
121 | subsection (1). |
122 | Section 2. Section 1004.383, Florida Statutes, is created |
123 | to read: |
124 | 1004.383 Chiropractic medicine degree program at Florida |
125 | State University.--A chiropractic medicine degree program is |
126 | authorized at Florida State University. |
127 | Section 3. Paragraph (a) of subsection (1) of section |
128 | 561.121, Florida Statutes, is amended to read: |
129 | 561.121 Deposit of revenue.-- |
130 | (1) All state funds collected pursuant to ss. 563.05, |
131 | 564.06, and 565.12 shall be paid into the State Treasury and |
132 | disbursed in the following manner: |
133 | (a)1. Two percent of monthly collections of the excise |
134 | taxes on alcoholic beverages established in ss. 563.05, 564.06, |
135 | and 565.12 shall be deposited into the Alcoholic Beverage and |
136 | Tobacco Trust Fund to meet the division's appropriation for the |
137 | state fiscal year. |
138 | 2. Beginning July 1, 2004, there is annually distributed |
139 | and appropriated $15 million to the Grants and Donations Trust |
140 | Fund within the Department of Elderly Affairs to support a |
141 | contract with the Johnnie B. Byrd, Sr., Alzheimer's Center and |
142 | Research Institute at the University of South Florida for the |
143 | purposes of conducting research, developing and operating |
144 | integrated data projects, and providing assistance to memory |
145 | disorder clinics as established in s. 430.502. |
146 | 3. Beginning July 1, 2004, there is annually appropriated |
147 | $6 million to be paid by warrant drawn by the Chief Financial |
148 | Officer upon the State Treasury to the James and Esther King |
149 | Biomedical Research Program within the Department of Health. |
150 | From these funds, up to $250,000 shall be available annually for |
151 | the operating costs of the Florida Center for Universal Research |
152 | to Eradicate Disease. |
153 | 4. Beginning July 1, 2004, there is annually appropriated |
154 | $9 million to be paid by warrant drawn by the Chief Financial |
155 | Officer upon the State Treasury to Florida State University for |
156 | the School of Chiropractic Medicine. Notwithstanding the |
157 | provisions of chapter 216, until the School of Chiropractic |
158 | Medicine is completely staffed and fully operational, these |
159 | funds may be used for any purpose by the university. |
160 | Section 4. Section 1004.43, Florida Statutes, is amended |
161 | to read: |
162 | 1004.43 H. Lee Moffitt Cancer Center and Research |
163 | Institute.--There is established the H. Lee Moffitt Cancer |
164 | Center and Research Institute at the University of South |
165 | Florida. |
166 | (1) The State Board of Education shall enter into an |
167 | agreement for the utilization of the facilities on the campus of |
168 | the University of South Florida to be known as the H. Lee |
169 | Moffitt Cancer Center and Research Institute, including all |
170 | furnishings, equipment, and other chattels used in the operation |
171 | of said facilities, with a Florida not-for-profit corporation |
172 | organized solely for the purpose of governing and operating the |
173 | H. Lee Moffitt Cancer Center and Research Institute. This not- |
174 | for-profit corporation, acting as an instrumentality of the |
175 | State of Florida, shall govern and operate the H. Lee Moffitt |
176 | Cancer Center and Research Institute in accordance with the |
177 | terms of the agreement between the State Board of Education and |
178 | the not-for-profit corporation. The not-for-profit corporation |
179 | may, with the prior approval of the State Board of Education, |
180 | create either for-profit or not-for-profit corporate |
181 | subsidiaries, or both, to fulfill its mission. For-profit |
182 | subsidiaries of the not-for-profit corporation may not compete |
183 | with for-profit health care providers in the delivery of |
184 | radiation therapy services to patients. The not-for-profit |
185 | corporation and its subsidiaries are authorized to receive, |
186 | hold, invest, and administer property and any moneys received |
187 | from private, local, state, and federal sources, as well as |
188 | technical and professional income generated or derived from |
189 | practice activities of the institute, for the benefit of the |
190 | institute and the fulfillment of its mission. The affairs of the |
191 | corporation shall be managed by a board of directors who shall |
192 | serve without compensation. The President of the University of |
193 | South Florida and the chair of the State Board of Education, or |
194 | his or her designee, shall be directors of the not-for-profit |
195 | corporation, together with 5 representatives of the state |
196 | universities and no more than 14 nor fewer than 10 directors who |
197 | are not medical doctors or state employees. Each director shall |
198 | have only one vote, shall serve a term of 3 years, and may be |
199 | reelected to the board. Other than the President of the |
200 | University of South Florida and the chair of the State Board of |
201 | Education, directors shall be elected by a majority vote of the |
202 | board. The chair of the board of directors shall be selected by |
203 | majority vote of the directors. |
204 | (2) The State Board of Education shall provide in the |
205 | agreement with the not-for-profit corporation for the following: |
206 | (a) Approval of the articles of incorporation of the not- |
207 | for-profit corporation by the State Board of Education. |
208 | (b) Approval of the articles of incorporation of any not- |
209 | for-profit corporate subsidiary created by the not-for-profit |
210 | corporation. |
211 | (c) Utilization of lands, hospital facilities, and |
212 | personnel by the not-for-profit corporation and its subsidiaries |
213 | for research, education, treatment, prevention, and the early |
214 | detection of cancer and for mutually approved teaching and |
215 | research programs conducted by the University of South Florida |
216 | or other accredited medical schools or research institutes. |
217 | (d) Preparation of an annual financial audit of the not- |
218 | for-profit corporation's accounts and records and the accounts |
219 | and records of any subsidiaries to be conducted by an |
220 | independent certified public accountant. The annual audit report |
221 | shall include a management letter, as defined in s. 11.45, and |
222 | shall be submitted to the Auditor General and the State Board of |
223 | Education. The State Board of Education, the Auditor General, |
224 | and the Office of Program Policy Analysis and Government |
225 | Accountability shall have the authority to require and receive |
226 | from the not-for-profit corporation and any subsidiaries or from |
227 | their independent auditor any detail or supplemental data |
228 | relative to the operation of the not-for-profit corporation or |
229 | subsidiary. |
230 | (e) Provision by the not-for-profit corporation and its |
231 | subsidiaries of equal employment opportunities to all persons |
232 | regardless of race, color, religion, sex, age, or national |
233 | origin. |
234 | (3) The State Board of Education is authorized to secure |
235 | comprehensive general liability protection, including |
236 | professional liability protection, for the not-for-profit |
237 | corporation and its subsidiaries pursuant to s. 1004.24. The |
238 | not-for-profit corporation and its subsidiaries shall be exempt |
239 | from any participation in any property insurance trust fund |
240 | established by law, including any property insurance trust fund |
241 | established pursuant to chapter 284, so long as the not-for- |
242 | profit corporation and its subsidiaries maintain property |
243 | insurance protection with comparable or greater coverage limits. |
244 | (4) In the event that the agreement between the not-for- |
245 | profit corporation and the State Board of Education is |
246 | terminated for any reason, the State Board of Education shall |
247 | resume governance and operation of said facilities. |
248 | (5) The institute shall be administered by a chief |
249 | executive officer who shall serve at the pleasure of the board |
250 | of directors of the not-for-profit corporation and who shall |
251 | have the following powers and duties subject to the approval of |
252 | the board of directors: |
253 | (a) The chief executive officer shall establish programs |
254 | which fulfill the mission of the institute in research, |
255 | education, treatment, prevention, and the early detection of |
256 | cancer; however, the chief executive officer shall not establish |
257 | academic programs for which academic credit is awarded and which |
258 | terminate in the conference of a degree without prior approval |
259 | of the State Board of Education. |
260 | (b) The chief executive officer shall have control over |
261 | the budget and the dollars appropriated or donated to the |
262 | institute from private, local, state, and federal sources, as |
263 | well as technical and professional income generated or derived |
264 | from practice activities of the institute. However, professional |
265 | income generated by university faculty from practice activities |
266 | at the institute shall be shared between the institute and the |
267 | university as determined by the chief executive officer and the |
268 | appropriate university dean or vice president. |
269 | (c) The chief executive officer shall appoint members to |
270 | carry out the research, patient care, and educational activities |
271 | of the institute and determine compensation, benefits, and terms |
272 | of service. Members of the institute shall be eligible to hold |
273 | concurrent appointments at affiliated academic institutions. |
274 | University faculty shall be eligible to hold concurrent |
275 | appointments at the institute. |
276 | (d) The chief executive officer shall have control over |
277 | the use and assignment of space and equipment within the |
278 | facilities. |
279 | (e) The chief executive officer shall have the power to |
280 | create the administrative structure necessary to carry out the |
281 | mission of the institute. |
282 | (f) The chief executive officer shall have a reporting |
283 | relationship to the Commissioner of Education. |
284 | (g) The chief executive officer shall provide a copy of |
285 | the institute's annual report to the Governor and Cabinet, the |
286 | President of the Senate, the Speaker of the House of |
287 | Representatives, and the chair of the State Board of Education. |
288 | (6) The board of directors of the not-for-profit |
289 | corporation shall create a council of scientific advisers to the |
290 | chief executive officer comprised of leading researchers, |
291 | physicians, and scientists. This council shall review programs |
292 | and recommend research priorities and initiatives so as to |
293 | maximize the state's investment in the institute. The council |
294 | shall be appointed by the board of directors of the not-for- |
295 | profit corporation and shall include five appointees of the |
296 | State Board of Education. Each member of the council shall be |
297 | appointed to serve a 2-year term and may be reappointed to the |
298 | council. |
299 | (7) In carrying out the provisions of this section, the |
300 | not-for-profit corporation and its subsidiaries are not |
301 | "agencies" within the meaning of s. 20.03(11). |
302 | (8)(a) Records of the not-for-profit corporation and of |
303 | its subsidiaries are public records unless made confidential or |
304 | exempt by law. |
305 | (b) Proprietary confidential business information is |
306 | confidential and exempt from the provisions of s. 119.07(1) and |
307 | s. 24(a), Art. I of the State Constitution. However, the Auditor |
308 | General, the Office of Program Policy Analysis and Government |
309 | Accountability, and the State Board of Education, pursuant to |
310 | their oversight and auditing functions, must be given access to |
311 | all proprietary confidential business information upon request |
312 | and without subpoena and must maintain the confidentiality of |
313 | information so received. As used in this paragraph, the term |
314 | "proprietary confidential business information" means |
315 | information, regardless of its form or characteristics, which is |
316 | owned or controlled by the not-for-profit corporation or its |
317 | subsidiaries; is intended to be and is treated by the not-for- |
318 | profit corporation or its subsidiaries as private and the |
319 | disclosure of which would harm the business operations of the |
320 | not-for-profit corporation or its subsidiaries; has not been |
321 | intentionally disclosed by the corporation or its subsidiaries |
322 | unless pursuant to law, an order of a court or administrative |
323 | body, a legislative proceeding pursuant to s. 5, Art. III of the |
324 | State Constitution, or a private agreement that provides that |
325 | the information may be released to the public; and which is |
326 | information concerning: |
327 | 1. Internal auditing controls and reports of internal |
328 | auditors; |
329 | 2. Matters reasonably encompassed in privileged attorney- |
330 | client communications; |
331 | 3. Contracts for managed-care arrangements, including |
332 | preferred provider organization contracts, health maintenance |
333 | organization contracts, and exclusive provider organization |
334 | contracts, and any documents directly relating to the |
335 | negotiation, performance, and implementation of any such |
336 | contracts for managed-care arrangements; |
337 | 4. Bids or other contractual data, banking records, and |
338 | credit agreements the disclosure of which would impair the |
339 | efforts of the not-for-profit corporation or its subsidiaries to |
340 | contract for goods or services on favorable terms; |
341 | 5. Information relating to private contractual data, the |
342 | disclosure of which would impair the competitive interest of the |
343 | provider of the information; |
344 | 6. Corporate officer and employee personnel information; |
345 | 7. Information relating to the proceedings and records of |
346 | credentialing panels and committees and of the governing board |
347 | of the not-for-profit corporation or its subsidiaries relating |
348 | to credentialing; |
349 | 8. Minutes of meetings of the governing board of the not- |
350 | for-profit corporation and its subsidiaries, except minutes of |
351 | meetings open to the public pursuant to subsection (9); |
352 | 9. Information that reveals plans for marketing services |
353 | that the corporation or its subsidiaries reasonably expect to be |
354 | provided by competitors; |
355 | 10. Trade secrets as defined in s. 688.002, including |
356 | reimbursement methodologies or rates; or |
357 | 11. The identity of donors or prospective donors of |
358 | property who wish to remain anonymous or any information |
359 | identifying such donors or prospective donors. The anonymity of |
360 | these donors or prospective donors must be maintained in the |
361 | auditor's report. |
362 |
|
363 | As used in this paragraph, the term "managed care" means systems |
364 | or techniques generally used by third-party payors or their |
365 | agents to affect access to and control payment for health care |
366 | services. Managed-care techniques most often include one or more |
367 | of the following: prior, concurrent, and retrospective review of |
368 | the medical necessity and appropriateness of services or site of |
369 | services; contracts with selected health care providers; |
370 | financial incentives or disincentives related to the use of |
371 | specific providers, services, or service sites; controlled |
372 | access to and coordination of services by a case manager; and |
373 | payor efforts to identify treatment alternatives and modify |
374 | benefit restrictions for high-cost patient care. |
375 | (9) Meetings of the governing board of the not-for-profit |
376 | corporation and meetings of the subsidiaries of the not-for- |
377 | profit corporation at which the expenditure of dollars |
378 | appropriated to the not-for-profit corporation by the state are |
379 | discussed or reported must remain open to the public in |
380 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
381 | Constitution, unless made confidential or exempt by law. Other |
382 | meetings of the governing board of the not-for-profit |
383 | corporation and of the subsidiaries of the not-for-profit |
384 | corporation are exempt from s. 286.011 and s. 24(b), Art. I of |
385 | the State Constitution. |
386 | (10) In addition to the continuing appropriation to the |
387 | institute provided in s. 210.20(2), any appropriation to the |
388 | institute provided in a general appropriations act shall be paid |
389 | directly to the board of directors of the not-for-profit |
390 | corporation by warrant drawn by the Chief Financial Officer from |
391 | the State Treasury. |
392 | Section 5. Section 1004.445, Florida Statutes, is amended |
393 | to read: |
394 | 1004.445 Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
395 | and Research Institute.-- |
396 | (1) Effective July 1, 2002, The Johnnie B. Byrd, Sr., |
397 | Florida Alzheimer's Center and Research Institute is established |
398 | at the University of South Florida. |
399 | (2)(a) The State Board of Education shall enter into an |
400 | agreement for the utilization of the facilities on the campus of |
401 | the University of South Florida to be known as the Johnnie B. |
402 | Byrd, Sr., Florida Alzheimer's Center and Research Institute, |
403 | including all furnishings, equipment, and other chattels used in |
404 | the operation of those facilities, with a Florida not-for-profit |
405 | corporation organized solely for the purpose of governing and |
406 | operating the Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
407 | and Research Institute. This not-for-profit corporation, acting |
408 | as an instrumentality of the state, shall govern and operate the |
409 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
410 | Institute in accordance with the terms of the agreement between |
411 | the State Board of Education and the not-for-profit corporation. |
412 | The not-for-profit corporation may, with the prior approval of |
413 | the State Board of Education, create either for-profit or not- |
414 | for-profit corporate subsidiaries, or both, to fulfill its |
415 | mission. The not-for-profit corporation and its subsidiaries are |
416 | authorized to receive, hold, invest, and administer property and |
417 | any moneys acquired from private, local, state, and federal |
418 | sources, as well as technical and professional income generated |
419 | or derived from practice activities of the institute, for the |
420 | benefit of the institute and the fulfillment of its mission. |
421 | (b)1. The affairs of the not-for-profit corporation shall |
422 | be managed by a board of directors who shall serve without |
423 | compensation. The board of directors shall consist of the |
424 | President of the University of South Florida and the chair of |
425 | the State Board of Education, or their designees, 5 |
426 | representatives of the state universities, and no fewer than 9 |
427 | nor more than 14 representatives of the public who are neither |
428 | medical doctors nor state employees. Each director who is a |
429 | representative of a state university or of the public shall be |
430 | appointed to serve a term of 3 years. The chair of the board of |
431 | directors shall be selected by a majority vote of the directors. |
432 | Each director shall have only one vote. |
433 | 2. The initial board of directors shall consist of the |
434 | President of the University of South Florida and the chair of |
435 | the State Board of Education, or their designees; the five |
436 | university representatives, of whom one shall be appointed by |
437 | the Governor, two by the President of the Senate, and two by the |
438 | Speaker of the House of Representatives; and nine public |
439 | representatives, of whom three shall be appointed by the |
440 | Governor, three by the President of the Senate, and three by the |
441 | Speaker of the House of Representatives. Upon the expiration of |
442 | the terms of the initial appointed directors, all directors |
443 | subject to 3-year terms of office under this paragraph shall be |
444 | appointed by a majority vote of the directors and the board may |
445 | be expanded to include additional public representative |
446 | directors up to the maximum number allowed. Any vacancy in |
447 | office shall be filled for the remainder of the term by majority |
448 | vote of the directors. Any director may be reappointed. |
449 | (3) The State Board of Education shall provide in the |
450 | agreement with the not-for-profit corporation for the following: |
451 | (a) Approval by the State Board of Education of the |
452 | articles of incorporation of the not-for-profit corporation. |
453 | (b) Approval by the State Board of Education of the |
454 | articles of incorporation of any not-for-profit corporate |
455 | subsidiary created by the not-for-profit corporation. |
456 | (c) Utilization of lands, hospital facilities, and |
457 | personnel by the not-for-profit corporation and its subsidiaries |
458 | for research, education, treatment, prevention, and the early |
459 | detection of Alzheimer's disease and for mutually approved |
460 | teaching and research programs conducted by the University of |
461 | South Florida or other accredited medical schools or research |
462 | institutes. |
463 | (d) Preparation of an annual postaudit of the not-for- |
464 | profit corporation's financial accounts and the financial |
465 | accounts of any subsidiaries to be conducted by an independent |
466 | certified public accountant. The annual audit report shall |
467 | include management letters and shall be submitted to the Auditor |
468 | General and the State Board of Education for review. The State |
469 | Board of Education, the Auditor General, and the Office of |
470 | Program Policy Analysis and Government Accountability shall have |
471 | the authority to require and receive from the not-for-profit |
472 | corporation and any subsidiaries, or from their independent |
473 | auditor, any detail or supplemental data relative to the |
474 | operation of the not-for-profit corporation or subsidiary. |
475 | (e) Provision by the not-for-profit corporation and its |
476 | subsidiaries of equal employment opportunities for all persons |
477 | regardless of race, color, religion, gender, age, or national |
478 | origin. |
479 | (4) The State Board of Education is authorized to secure |
480 | comprehensive general liability protection, including |
481 | professional liability protection, for the not-for-profit |
482 | corporation and its subsidiaries, pursuant to s. 1004.24. The |
483 | not-for-profit corporation and its subsidiaries shall be exempt |
484 | from any participation in any property insurance trust fund |
485 | established by law, including any property insurance trust fund |
486 | established pursuant to chapter 284, so long as the not-for- |
487 | profit corporation and its subsidiaries maintain property |
488 | insurance protection with comparable or greater coverage limits. |
489 | (5) In the event that the agreement between the not-for- |
490 | profit corporation and the State Board of Education is |
491 | terminated for any reason, the State Board of Education shall |
492 | assume governance and operation of the facilities. |
493 | (6) The institute shall be administered by a chief |
494 | executive officer, who shall be appointed by and serve at the |
495 | pleasure of the board of directors of the not-for-profit |
496 | corporation, and who shall exercise the following powers and |
497 | duties, subject to the approval of the board of directors: |
498 | (a) The chief executive officer shall establish programs |
499 | that fulfill the mission of the institute in research, |
500 | education, treatment, prevention, and early detection of |
501 | Alzheimer's disease; however, the chief executive officer may |
502 | not establish academic programs for which academic credit is |
503 | awarded and which culminate in the conferring of a degree, |
504 | without prior approval of the State Board of Education. |
505 | (b) The chief executive officer shall have control over |
506 | the budget and the moneys appropriated or donated to the |
507 | institute from private, local, state, and federal sources, as |
508 | well as technical and professional income generated or derived |
509 | from practice activities of the institute. However, professional |
510 | income generated by university faculty from practice activities |
511 | at the institute shall be shared between the institute and the |
512 | university as determined by the chief executive officer and the |
513 | appropriate university dean or vice president. |
514 | (c) The chief executive officer shall appoint |
515 | representatives of the institute to carry out the research, |
516 | patient care, and educational activities of the institute and |
517 | establish the compensation, benefits, and terms of service of |
518 | such representatives. Representatives of the institute shall be |
519 | eligible to hold concurrent appointments at affiliated academic |
520 | institutions. University faculty shall be eligible to hold |
521 | concurrent appointments at the institute. |
522 | (d) The chief executive officer shall have control over |
523 | the use and assignment of space and equipment within the |
524 | facilities. |
525 | (e) The chief executive officer shall have the power to |
526 | create the administrative structure necessary to carry out the |
527 | mission of the institute. |
528 | (f) The chief executive officer shall have a reporting |
529 | relationship to the Commissioner of Education. |
530 | (g) The chief executive officer shall provide a copy of |
531 | the institute's annual report to the Governor and Cabinet, the |
532 | President of the Senate, the Speaker of the House of |
533 | Representatives, and the chair of the State Board of Education. |
534 | (7) The board of directors of the not-for-profit |
535 | corporation shall create a council of scientific advisers to the |
536 | chief executive officer comprised of leading researchers, |
537 | physicians, and scientists. The council shall review programs |
538 | and recommend research priorities and initiatives to maximize |
539 | the state's investment in the institute. The members of the |
540 | council shall be appointed by the board of directors of the not- |
541 | for-profit corporation, except for five members who shall be |
542 | appointed by the State Board of Education. Each member of the |
543 | council shall be appointed to serve a 2-year term and may be |
544 | reappointed to the council. |
545 | (8) In carrying out the provisions of this section, the |
546 | not-for-profit corporation and its subsidiaries are not agencies |
547 | within the meaning of s. 20.03(11). |
548 | (9) The following information is confidential and exempt |
549 | from the provisions of s. 119.07(1) and s. 24, Art. I of the |
550 | State Constitution: |
551 | (a) Personal identifying information relating to clients |
552 | of programs created or funded through the Johnnie B. Byrd, Sr., |
553 | Florida Alzheimer's Center and Research Institute which is held |
554 | by the institute, University of South Florida, or State Board of |
555 | Education or by persons who provide services to clients of |
556 | programs created or funded through contracts with the Johnnie B. |
557 | Byrd, Sr., Florida Alzheimer's Center and Research Institute; |
558 | (b) Any medical or health records relating to patients |
559 | which may be created or received by the institute; |
560 | (c) Materials that relate to methods of manufacture or |
561 | production, potential trade secrets, potentially patentable |
562 | material, actual trade secrets as defined in s. 688.002, or |
563 | proprietary information received, generated, ascertained, or |
564 | discovered during the course of research conducted by or through |
565 | the institute and business transactions resulting from such |
566 | research; |
567 | (d) The identity of a donor or prospective donor to the |
568 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
569 | Institute who wishes to remain anonymous, and all information |
570 | identifying such donor or prospective donor; |
571 | (e) Any information received by the institute in the |
572 | performance of its duties and responsibilities which is |
573 | otherwise confidential and exempt by law; and |
574 | (f) Any information received by the institute from a |
575 | person from another state or nation or the Federal Government |
576 | which is otherwise confidential or exempt pursuant to that |
577 | state's or nation's laws or pursuant to federal law. |
578 |
|
579 | Any governmental entity that demonstrates a need to access such |
580 | confidential and exempt information in order to perform its |
581 | duties and responsibilities shall have access to such |
582 | information and shall otherwise keep such information |
583 | confidential and exempt. This section is subject to the Open |
584 | Government Sunset Review Act of 1995 in accordance with s. |
585 | 119.15 and shall stand repealed on October 2, 2006, unless |
586 | reviewed and saved from repeal through reenactment by the |
587 | Legislature. |
588 | (10) Any appropriation to the institute provided in a |
589 | general appropriations act shall be paid directly to the board |
590 | of directors of the not-for-profit corporation by warrant drawn |
591 | by the Chief Financial Officer from the State Treasury. |
592 | Section 6. Florida Center for Universal Research to |
593 | Eradicate Disease.-- |
594 | (1) The Legislature finds that an estimated 128 million |
595 | Americans suffer from acute, chronic, and degenerative diseases |
596 | and that biomedical research is the key to finding cures for |
597 | these diseases that negatively affect all Floridians. The |
598 | Legislature further finds that, while there is much research |
599 | being conducted throughout this state and throughout the world, |
600 | there is a lack of coordination of efforts among researchers. |
601 | The Legislature, therefore, finds that there is a significant |
602 | need for a coordinated effort if the goal of curing disease is |
603 | to be achieved. Moreover, the Legislature finds that the |
604 | biomedical technology sector meets the criteria of a high-impact |
605 | sector, pursuant to section 288.108, Florida Statutes, having a |
606 | high importance to this state's economy with a significant |
607 | potential for growth and contribution to our universities and |
608 | quality of life. |
609 | (2) It is the intent of the Legislature that Florida |
610 | strive to become the nation's leader in biomedical research and |
611 | commit itself to being the state to find cures for the most |
612 | deadly and widespread diseases. It is further the intent of the |
613 | Legislature that there be a coordinated effort among the state's |
614 | public and private universities and the biomedical industry to |
615 | discover such cures. Moreover, it is the intent of the |
616 | Legislature to expand the state economy by attracting biomedical |
617 | researchers and research companies to this state. |
618 | (3) There is established within the Department of Health |
619 | the Florida Center for Universal Research to Eradicate Disease, |
620 | which shall be known as "CURED." |
621 | (a) The purpose of the center is to coordinate, improve, |
622 | expand, and monitor all biomedical research programs within the |
623 | state, facilitate funding opportunities, and foster improved |
624 | technology transfer of research findings into clinical trials |
625 | and widespread public use. |
626 | (b) The goal of the center is to find cures for diseases |
627 | such as cancer, heart disease, lung disease, diabetes, |
628 | autoimmune disorders, and neurological disorders, including |
629 | Alzheimer's disease, epilepsy, and Parkinson's disease. |
630 | (c) The center shall hold an annual biomedical technology |
631 | summit in Florida to which biomedical researchers, biomedical |
632 | technology companies, business incubators, pharmaceutical |
633 | manufacturers, and others around the nation and world are |
634 | invited to share biomedical research findings in order to |
635 | expedite the discovery of cures. Summit attendees shall cover |
636 | the costs of such attendance or obtain sponsorship for such |
637 | attendance. |
638 | (d) The center shall encourage clinical trials in this |
639 | state on research that holds promise of curing a disease or |
640 | condition. The center shall facilitate partnerships between |
641 | researchers, treating physicians, and community hospitals for |
642 | the purpose of sharing new techniques and new research findings, |
643 | as well as coordinating voluntary donations to ensure an |
644 | adequate supply of adult stem cells, placentas, or cord blood. |
645 | (e) The center shall facilitate the formation of |
646 | partnerships between researchers in this state and institutions |
647 | in other states and countries where research with rare plants or |
648 | animals could lead to cures. |
649 | (f) The center shall encourage agricultural colleges and |
650 | agricultural businesses in this state to be active in the search |
651 | for cures and in providing information to the public about |
652 | disease prevention. |
653 | (g) The center shall facilitate partnerships among |
654 | researchers working to cure all types of diseases, including |
655 | those that are prevalent in developed countries and those that |
656 | occur mainly in developing countries. |
657 | (h) The center shall also encourage the discovery and |
658 | production in Florida of vaccines that prevent disease. |
659 | (i) The center shall monitor the supply and demand needs |
660 | of researchers relating to stem cell research and other types of |
661 | human tissue research. If the center determines that there is a |
662 | need for increased donation of human tissue, it shall notify |
663 | hospitals licensed pursuant to chapter 395, Florida Statutes, |
664 | which have entered into partnership agreements with research |
665 | institutes conducting stem cell research located in the same |
666 | geographic region as the researchers demanding the stem cells or |
667 | other tissues. Such hospitals shall implement programs that |
668 | encourage voluntary donations of cord blood or other needed |
669 | adult tissue. |
670 | (j) The center shall be funded through private, state, and |
671 | federal sources. |
672 | (k) The center shall serve as a registry of all known |
673 | opportunities for biomedical grants and may assist any public or |
674 | private biomedical research program in this state in preparing |
675 | grant requests. |
676 | (l) The center shall maintain a website with links to |
677 | peer-reviewed biomedical research. The website shall also |
678 | contain a list of all known biomedical research being conducted |
679 | in Florida and shall facilitate communication among researchers |
680 | and other interested parties. |
681 | (m) The center shall submit an annual report to the |
682 | Governor, the President of the Senate, and the Speaker of the |
683 | House of Representatives no later than January 15 which contains |
684 | recommendations for legislative change necessary to foster a |
685 | positive climate for biomedical research in this state. |
686 | (4) The Department of Health may outsource the duties of |
687 | the center to a private entity or state university. |
688 | (5) There is established within the center an advisory |
689 | council that shall meet at least annually. |
690 | (a) The council shall consist of the members of the board |
691 | of directors of the Florida Research Consortium and at least one |
692 | representative from: |
693 | 1. The Emerging Technology Commission. |
694 | 2. Enterprise Florida, Inc. |
695 | 3. BioFlorida. |
696 | 4. The Biomedical Research Advisory Council. |
697 | 5. The Florida Medical Foundation. |
698 | 6. Pharmaceutical Research and Manufacturers of America. |
699 | 7. The Florida Tri-Agency Coalition on Smoking OR Health. |
700 | 8. The Florida Cancer Research Cooperative, Inc. |
701 | 9. The American Cancer Society, Florida Division, Inc. |
702 | 10. The American Heart Association. |
703 | 11. The American Lung Association of Florida. |
704 | 12. The American Diabetes Association, South Coastal |
705 | Region. |
706 | 13. The Alzheimer's Association. |
707 | 14. The Epilepsy Foundation. |
708 | 15. The National Parkinson Foundation. |
709 | 16. The Florida Public Health Foundation, Inc. |
710 | 17. Scripps Florida or the entity formed in this state by |
711 | The Scripps Research Institute. |
712 | (b) Members of the council shall serve without |
713 | compensation and each organization represented shall cover all |
714 | expenses of its representative. |
715 | Section 7. Paragraph (d) of subsection (1) of section |
716 | 215.5601, Florida Statutes, is amended to read: |
717 | 215.5601 Lawton Chiles Endowment Fund.-- |
718 | (1) LEGISLATIVE INTENT.--It is the intent of the |
719 | Legislature to: |
720 | (d) Provide funds to help support public-health and |
721 | biomedical research for the prevention, diagnosis, and |
722 | treatment, and cure of diseases related to tobacco use by |
723 | creating an annual and perpetual source of funding for |
724 | biomedical research in the state in order to expand the |
725 | foundation of biomedical knowledge relating to the prevention, |
726 | diagnosis, and treatment, and cure of diseases related to |
727 | tobacco use, including cancer, cardiovascular disease, stroke, |
728 | and pulmonary disease; improve the quality of the state's |
729 | academic health centers by bringing the advances of biomedical |
730 | research into the training of physicians and other health care |
731 | providers; and increase the state's per capita funding for |
732 | biomedical research by undertaking new initiatives in biomedical |
733 | research which will attract additional funding from outside the |
734 | state while also stimulating economic activity in the state in |
735 | areas related to biomedical research, such as the research and |
736 | production of pharmaceuticals, biotechnology, and medical |
737 | devices. |
738 | Section 8. Paragraphs (a) and (b) of subsection (1) and |
739 | subsections (2) and (10) of section 215.5602, Florida Statutes, |
740 | are amended to read: |
741 | 215.5602 James and Esther King Biomedical Research |
742 | Program.-- |
743 | (1) There is established within the Department of Health |
744 | the James and Esther King Biomedical Research Program funded by |
745 | the proceeds of the Lawton Chiles Endowment Fund pursuant to s. |
746 | 215.5601. The purpose of the James and Esther King Biomedical |
747 | Research Program is to provide an annual and perpetual source of |
748 | funding in order to support research initiatives that address |
749 | the health care problems of Floridians in the areas of tobacco- |
750 | related cancer, cardiovascular disease, stroke, and pulmonary |
751 | disease. The long-term goals of the program are to: |
752 | (a) Improve the health of Floridians by researching better |
753 | prevention, diagnoses, and treatments, and cures for cancer, |
754 | cardiovascular disease, stroke, and pulmonary disease. |
755 | (b) Expand the foundation of biomedical knowledge relating |
756 | to the prevention, diagnosis, and treatment, and cure of |
757 | diseases related to tobacco use, including cancer, |
758 | cardiovascular disease, stroke, and pulmonary disease. |
759 | (2) Funds appropriated for the James and Esther King |
760 | Biomedical Research Program shall be used exclusively for the |
761 | award of grants and fellowships as established in this section; |
762 | for research relating to the prevention, diagnosis, and |
763 | treatment, and cure of diseases related to tobacco use, |
764 | including cancer, cardiovascular disease, stroke, and pulmonary |
765 | disease; and for expenses incurred in the administration of this |
766 | section. Priority shall be granted to research designed to |
767 | prevent or cure disease. |
768 | (10) The council shall submit an annual progress report on |
769 | the state of biomedical research in this state to the Florida |
770 | Center for Universal Research to Eradicate Disease and to the |
771 | Governor, the Secretary of Health, the President of the Senate, |
772 | and the Speaker of the House of Representatives by February 1. |
773 | The report must include: |
774 | (a) A list of research projects supported by grants or |
775 | fellowships awarded under the program. |
776 | (b) A list of recipients of program grants or fellowships. |
777 | (c) A list of publications in peer reviewed journals |
778 | involving research supported by grants or fellowships awarded |
779 | under the program. |
780 | (d) The total amount of biomedical research funding |
781 | currently flowing into the state. |
782 | (e) New grants for biomedical research which were funded |
783 | based on research supported by grants or fellowships awarded |
784 | under the program. |
785 | (f) Progress in the prevention, diagnosis, and treatment, |
786 | and cure of diseases related to tobacco use, including cancer, |
787 | cardiovascular disease, stroke, and pulmonary disease. |
788 | Section 9. (1) The Life Sciences Building at Florida |
789 | State University in Tallahassee is designated as the "James E. |
790 | 'Jim' King, Jr., Building." |
791 | (2) Florida State University is authorized to erect |
792 | markers for the designation of the James E. "Jim" King, Jr., |
793 | Building as described in subsection (1). |
794 | Section 10. Florida Cancer Research Cooperative, Inc.-- |
795 | (1) Effective July 1, 2004, the Florida Cancer Research |
796 | Cooperative, Inc., is established for the purpose of making the |
797 | State of Florida a world-class center for cancer research. |
798 | (2)(a) A not-for-profit corporation, acting as an |
799 | instrumentality of the Florida Dialogue on Cancer, shall be |
800 | organized for the purpose of governing the affairs of the |
801 | cooperative. |
802 | (b) The Florida Cancer Research Cooperative, Inc., may |
803 | create not-for-profit corporate subsidiaries to fulfill its |
804 | mission. The not-for-profit corporation and its subsidiaries may |
805 | receive, hold, invest, and administer property and any moneys |
806 | acquired from private, local, state, and federal sources, as |
807 | well as technical and professional income generated or derived |
808 | from the mission-related activities of the cooperative. |
809 | (c) The affairs of the not-for-profit corporation shall be |
810 | managed by a board of directors which shall consist of: |
811 | 1. The Secretary of Health or his or her designee. |
812 | 2. The chief executive officer of the H. Lee Moffitt |
813 | Cancer Center and Research Institute or his or her designee. |
814 | 3. The director of the University of Florida Shands Cancer |
815 | Center or his or her designee. |
816 | 4. The director of the University of Miami Sylvester |
817 | Comprehensive Cancer Center or his or her designee. |
818 | 5. The chief executive officer of the Mayo Clinic, |
819 | Jacksonville, or his or her designee. |
820 | 6. The chief executive officer of the American Cancer |
821 | Society, Florida Division, or his or her designee. |
822 | 7. The president of the American Cancer Society, Florida |
823 | Division Board of Directors, or his or her designee. |
824 | 8. The president of the Florida Society of Clinical |
825 | Oncology or his or her designee. |
826 | 9. The president of Enterprise Florida, Inc., or his or |
827 | her designee. |
828 | 10. Three representatives from large Florida hospitals or |
829 | institutions, not delineated in subparagraphs 2.-5., which treat |
830 | a large volume of cancer patients. One shall be appointed by the |
831 | Governor, one shall be appointed by the Speaker of the House of |
832 | Representatives, and one shall be appointed by the President of |
833 | the Senate. |
834 | 11. Three representatives from community-based, statewide |
835 | organizations serving populations that experience cancer |
836 | disparities, one of whom shall be appointed by the Governor, one |
837 | of whom shall be appointed by the Speaker of the House of |
838 | Representatives, and one of whom shall be appointed by the |
839 | President of the Senate. |
840 | 12. One member of the Florida House of Representatives, to |
841 | be appointed by the Speaker of the House of Representatives. |
842 | 13. One member of the Florida Senate, to be appointed by |
843 | the President of the Senate. |
844 | 14. Three university presidents, one of whom shall be |
845 | appointed by the Governor, one of whom shall be appointed by the |
846 | Speaker of the House of Representatives, and one of whom shall |
847 | be appointed by the President of the Senate. |
848 | 15. Five representatives from other statewide public |
849 | health organizations whose missions include public education and |
850 | the eradication of cancer, three of whom shall be appointed by |
851 | the Governor, one of whom shall be appointed by the Speaker of |
852 | the House of Representatives, and one of whom shall be appointed |
853 | by the President of the Senate. |
854 | (d) Appointments made by the Speaker of the House of |
855 | Representatives and the President of the Senate pursuant to |
856 | paragraph (c) shall be for 2-year terms, concurrent with the |
857 | bienniums in which they serve as presiding officers. |
858 | (e) Appointments made by the Governor pursuant to |
859 | paragraph (c) shall be for 2-year terms, although the Governor |
860 | may reappoint directors. |
861 | (f) Members of the board of directors of the not-for- |
862 | profit corporation or any subsidiaries shall serve without |
863 | compensation. |
864 | (3) The cooperative shall issue an annual report to the |
865 | Florida Center for Universal Research to Eradicate Disease, the |
866 | Governor, the Speaker of the House of Representatives, and the |
867 | President of the Senate, by December 15 of each year, with |
868 | policy and funding recommendations regarding cancer research |
869 | capacity in Florida and related issues. |
870 | Section 11. Florida Cancer Research Cooperative, Inc.; |
871 | mission and duties.-- |
872 | (1) The cooperative shall develop and centralize the |
873 | processes and shared services for expanding cancer research in |
874 | Florida through: |
875 | (a) Support through bioinformatics, in order to create a |
876 | cancer informatics infrastructure that enhances information and |
877 | resource exchange and integration through researchers working in |
878 | diverse disciplines to facilitate the full spectrum of cancer |
879 | investigations. |
880 | (b) Technical coordination, business development, and |
881 | support of intellectual property. |
882 | (c) Development of a statewide cancer clinical trials |
883 | network as contemplated in section 6. |
884 | (d) Other activities to support multidisciplinary |
885 | research. |
886 | (2) The cooperative shall work in concert with the Florida |
887 | Center for Universal Research to Eradicate Disease to ensure |
888 | that the goals of the center are advanced. |
889 | Section 12. The Florida Public Health Foundation, Inc.; |
890 | establishment; purpose; mission; duties; board of directors.-- |
891 | (1) The Florida Public Health Foundation, Inc., referred |
892 | to in this section as "the corporation," is established for the |
893 | purpose of disseminating breakthrough findings in biomedical |
894 | research and promoting health awareness in this state. |
895 | (2) The corporation's mission includes disseminating |
896 | information about innovative biomedical research and clinical |
897 | trials in this state as well as making Floridians and their |
898 | treatment providers aware of specified diseases and conditions |
899 | and available methods of preventing, diagnosing, treating, and |
900 | curing those diseases and conditions. |
901 | (3) The purpose and objective of the corporation shall be |
902 | to operate exclusively for charitable, scientific, and |
903 | educational purposes; to protect and improve the health and |
904 | well-being of Florida's people and environment through |
905 | partnerships committed to program innovation, education, applied |
906 | research, and policy development; and to engage in charitable |
907 | programs dedicated to improving the health of Floridians. |
908 | (4) The corporation shall be established as a not-for- |
909 | profit entity qualifying under section 501(c)(3) of the Internal |
910 | Revenue Code. The corporation may receive, hold, invest, and |
911 | administer property and any moneys acquired from private, local, |
912 | state, and federal sources, as well as technical and |
913 | professional income generated or derived from the mission- |
914 | related activities of the corporation. The corporation shall |
915 | have all of the powers conferred upon corporations organized |
916 | under chapter 617, Florida Statutes. |
917 | (5) The corporation's duties include procuring funds |
918 | necessary for accomplishing the purpose and mission of the |
919 | corporation. The corporation shall strive to complement, |
920 | supplement, and enhance the missions of the various |
921 | organizations, entities, and departments represented on its |
922 | board by serving as the lead corporation in the state for |
923 | promoting public health awareness. |
924 | (6) The affairs of the corporation shall be managed by an |
925 | executive director appointed by a board of directors consisting |
926 | of: |
927 | (a) The Secretary of Health or his or her designee. |
928 | (b) A former member of the Senate appointed by the |
929 | President of the Senate. |
930 | (c) A former member of the House of Representatives |
931 | appointed by the Speaker of the House of Representatives. |
932 | (d) A representative of the American Heart Association. |
933 | (e) A representative of the American Cancer Society, |
934 | Florida Division, Inc. |
935 | (f) A representative of the American Lung Association of |
936 | Florida. |
937 | (g) A representative of the American Diabetes Association, |
938 | South Coastal Region. |
939 | (h) A representative of the Alzheimer's Association. |
940 | (i) A representative of the Epilepsy Foundation. |
941 | (j) A representative of the National Parkinson Foundation. |
942 | (k) A representative of the March of Dimes, Florida |
943 | Chapter. |
944 | (l) A representative of the Arthritis Foundation, Florida |
945 | Chapter. |
946 | (m) A representative of the American Liver Foundation. |
947 | (n) A representative of the Florida Council for Behavioral |
948 | Healthcare, Inc. |
949 | (o) A representative of the Florida Alcohol and Drug Abuse |
950 | Association. |
951 | (p) A representative of Pharmaceutical Research and |
952 | Manufacturers of America. |
953 | (q) A representative of the Florida Public Health |
954 | Association. |
955 | (r) A representative of the Florida Association of County |
956 | Health Officers. |
957 | (s) A public health academician selected by the State |
958 | Health Officer. |
959 | (t) A representative of the Florida Academy of Family |
960 | Physicians. |
961 | (u) Three consumers who have demonstrated an interest in |
962 | protecting the public health appointed by the Florida Public |
963 | Health Association. |
964 | (7) Members of the board of directors shall serve for 2- |
965 | year terms and shall serve without compensation. Each |
966 | organization represented on the board of directors shall cover |
967 | the expenses of its representative. |
968 | (8) The corporation, in consultation with the Department |
969 | of Health and the Florida Center for Universal Research to |
970 | Eradicate Disease, shall facilitate communication between |
971 | biomedical researchers and health care providers each month |
972 | according to the health awareness schedule established by the |
973 | Florida Public Health Foundation, Inc., in order to ensure |
974 | ongoing dialogue between researchers, treatment providers, and |
975 | the department. |
976 | (9) The corporation and the Department of Health shall |
977 | enter into partnerships with providers of continuing education |
978 | for health care practitioners, including, but not limited to, |
979 | hospitals and state and local medical organizations, to ensure |
980 | that practitioners are aware of the most recent and complete |
981 | diagnostic and treatment tools. |
982 | (10) The corporation shall provide an annual report |
983 | concerning its activities and finances to the Florida Center for |
984 | Universal Research to Eradicate Disease and shall provide copies |
985 | of the annual report to the Governor, the President of the |
986 | Senate, and the Speaker of the House of Representatives. |
987 | Section 13. Health awareness campaigns.-- |
988 | (1) The Florida Public Health Foundation, Inc., in |
989 | consultation with the Department of Health, shall coordinate |
990 | monthly health awareness campaigns with national, state, and |
991 | local health care organizations and government entities |
992 | targeting a wide range of the public, including: parents; |
993 | teachers and other school employees; students in 4th through |
994 | 12th grades, colleges, and universities; state agency employees; |
995 | county and local government employees; patients of county health |
996 | departments; Medicaid recipients; health care professionals and |
997 | providers; and the public in general. |
998 | (2) The awareness campaigns shall include the provision of |
999 | educational information about preventing, detecting, treating, |
1000 | and curing the following diseases or conditions. Additional |
1001 | diseases and conditions that impact the public health may be |
1002 | added by the board of directors of the Florida Public Health |
1003 | Foundation, Inc.; however, each of the following diseases or |
1004 | conditions must be included in an awareness campaign during at |
1005 | least one month in any 24-month period: |
1006 | (a) Cancer, including breast, prostate, cervical, ovarian, |
1007 | colorectal, and skin cancer and leukemia. |
1008 | (b) Heart disease. |
1009 | (c) Stroke. |
1010 | (d) Lung disease, including asthma and smoking-relating |
1011 | disease. |
1012 | (e) Neurological disorders and disease, including |
1013 | Alzheimer's disease, Parkinson's disease, and epilepsy. |
1014 | (f) Gastrointestinal disease. |
1015 | (g) Kidney disease. |
1016 | (h) Diabetes. |
1017 | (i) Liver disease. |
1018 | (j) Autoimmune disorders. |
1019 | (k) Birth defects and prenatal care. |
1020 | (l) Obesity and malnutrition. |
1021 | (m) Sexually transmissible disease. |
1022 | (n) Hepatitis A, hepatitis B, and hepatitis C. |
1023 | (o) Arthritis. |
1024 | (p) Vaccine-preventable diseases. |
1025 | (q) Infectious diseases, including HIV/AIDS. |
1026 | (r) Substance abuse. |
1027 | (s) Mental illness. |
1028 | (t) Lupus. |
1029 | (u) Osteoporosis. |
1030 | (3) The health awareness campaigns shall be funded by the |
1031 | Florida Public Health Foundation, Inc., and the Department of |
1032 | Health to the extent that funds are available from public and |
1033 | private sources. |
1034 | (4) Health awareness information shall be disseminated |
1035 | through all available methods, including print, audio, visual, |
1036 | and electronic media. |
1037 | Section 14. Prostate Cancer Awareness Program.-- |
1038 | (1) To the extent that funds are specifically made |
1039 | available for this purpose, the Prostate Cancer Awareness |
1040 | Program is established within the Department of Health. The |
1041 | purpose of this program is to implement the recommendations of |
1042 | January 2000 of the Florida Prostate Cancer Task Force to |
1043 | provide for statewide outreach and health education activities |
1044 | to ensure that men are aware of and appropriately seek medical |
1045 | counseling for prostate cancer as an early-detection health care |
1046 | measure. |
1047 | (2) For purposes of implementing the program, the |
1048 | Department of Health and the Florida Public Health Foundation, |
1049 | Inc., may: |
1050 | (a) Conduct activities directly or enter into a contract |
1051 | with a qualified nonprofit community education entity. |
1052 | (b) Seek any available gifts, grants, or funds from the |
1053 | state, the Federal Government, philanthropic foundations, and |
1054 | industry or business groups. |
1055 | (3) A prostate cancer advisory committee is created to |
1056 | advise and assist the Department of Health and the Florida |
1057 | Public Health Foundation, Inc., in implementing the program. |
1058 | (a) The Secretary of Health shall appoint the advisory |
1059 | committee members, who shall consist of: |
1060 | 1. Three persons from prostate cancer survivor groups or |
1061 | cancer-related advocacy groups. |
1062 | 2. Three persons who are scientists or clinicians from |
1063 | public universities or research organizations. |
1064 | 3. Three persons who are engaged in the practice of a |
1065 | cancer-related medical specialty from health organizations |
1066 | committed to cancer research and control. |
1067 | (b) Members shall serve without compensation but are |
1068 | entitled to reimbursement, pursuant to section 112.061, Florida |
1069 | Statutes, for per diem and travel expenses incurred in the |
1070 | performance of their official duties. |
1071 | (4) The program shall coordinate its efforts with those of |
1072 | the Florida Public Health Foundation, Inc. |
1073 | Section 15. Cervical Cancer Elimination Task Force.-- |
1074 | (1) Effective July 1, 2004, the Cervical Cancer |
1075 | Elimination Task Force is established for the purpose of |
1076 | recommending strategies and actions to reduce the costs and |
1077 | burdens of cervical cancer in Florida. The task force shall |
1078 | present interim reports to the Florida Public Health Foundation, |
1079 | Inc., the Florida Cancer Research Cooperative, Inc., the Center |
1080 | for Universal Research to Eradicate Disease, the Governor, the |
1081 | President of the Senate, and the Speaker of the House of |
1082 | Representatives on January 1, 2006, and July 1, 2007, with a |
1083 | final report due on June 30, 2008. After submitting its final |
1084 | report on or before June 30, 2008, the task force is dissolved. |
1085 | (2) The task force shall: |
1086 | (a) Review statistical and qualitative data on the |
1087 | prevalence and burden of cervical cancer. |
1088 | (b) Receive and consider reports and testimony from |
1089 | individuals, county health departments, community-based |
1090 | organizations, and other public and private organizations |
1091 | statewide to learn more about their contributions to cervical |
1092 | cancer diagnosis, prevention, and treatment, as well as their |
1093 | ideas for improving the care of cervical cancer patients in this |
1094 | state. |
1095 | (c) Identify priority strategies and new technologies, |
1096 | including newly introduced vaccines, which are effective in |
1097 | preventing and controlling the risk of cervical cancer. |
1098 | (d) Provide recommendations to the Florida Public Health |
1099 | Foundation, Inc., on public awareness issues relating to |
1100 | cervical cancer, such as the causes, personal risk factors, |
1101 | value of prevention, available vaccines, early detection |
1102 | options, treatment costs, new technology, and education for |
1103 | health care practitioners. |
1104 | (e) Identify and examine existing programs, services, |
1105 | laws, and rules regarding the availability and coverage of |
1106 | treatment services for cervical cancer. |
1107 | (f) Develop and revise a comprehensive Florida Cervical |
1108 | Cancer Prevention Plan and present those recommendations to the |
1109 | Department of Health and the Florida Cancer Control and Research |
1110 | Advisory Council for incorporation into the Florida Cancer Plan. |
1111 | (3) The task force shall consist of: |
1112 | (a) The director of the Department of Health's Division of |
1113 | Disease Control or another person with expertise in epidemiology |
1114 | who shall serve as chair, appointed by the Secretary of Health. |
1115 | (b) A board-certified gynecologist licensed as a physician |
1116 | under chapter 458 or chapter 459, Florida Statutes, representing |
1117 | the Florida Obstetric and Gynecologic Society, appointed by the |
1118 | Governor. |
1119 | (c) A family physician licensed under chapter 458 or |
1120 | chapter 459, Florida Statutes, who provides gynecology services |
1121 | representing the Florida Academy of Family Physicians, appointed |
1122 | by the Governor. |
1123 | (d) An oncologist licensed as a physician under chapter |
1124 | 458 or chapter 459, Florida Statutes, representing the Florida |
1125 | Division of the American Cancer Society, appointed by the |
1126 | President of the Senate. |
1127 | (e) An advanced registered nurse practitioner who |
1128 | practices gynecology representing the Florida Nurses |
1129 | Association, appointed by the Speaker of the House of |
1130 | Representatives. |
1131 | (f) A member of the Legislative Women's Caucus, appointed |
1132 | by the President of the Senate. |
1133 | (g) A member of the Legislative Women's Caucus, appointed |
1134 | by the Speaker of the House of Representatives. |
1135 | (h) The chief executive officer of the H. Lee Moffitt |
1136 | Cancer Center and Research Institute or his or her designee. |
1137 | (i) The director of the University of Florida Shands |
1138 | Cancer Center or his or her designee. |
1139 | (j) The director of the University of Miami Sylvester |
1140 | Comprehensive Cancer Center or his or her designee. |
1141 | (k) The chief executive officer of the Mayo Clinic, |
1142 | Jacksonville, or his or her designee. |
1143 | (4) Members of the task force shall be appointed to 4-year |
1144 | terms without compensation, and each organization represented |
1145 | shall cover the expenses of its representative. |
1146 | Section 16. This act shall take effect upon becoming a |
1147 | law. |