1 | The Committee on Appropriations recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to health care initiatives; creating s. |
7 | 460.4062, F.S.; authorizing the Department of Health to |
8 | issue a chiropractic medicine faculty certificate for |
9 | certain faculty who have accepted appointment at a |
10 | publicly funded state university or college; authorizing |
11 | an application fee; providing requirements; providing for |
12 | renewal and expiration of the certificate; creating s. |
13 | 1004.383, F.S.; authorizing a chiropractic medicine degree |
14 | program at Florida State University; amending s. 561.121, |
15 | F.S.; providing for annual appropriations from the |
16 | proceeds of the excise tax on alcoholic beverages; |
17 | providing for distribution of the funds to the Department |
18 | of Elderly Affairs, the Department of Health, and Florida |
19 | State University for specified research and programs; |
20 | amending s. 1004.43, F.S.; authorizing the establishment |
21 | of for-profit subsidiaries of the governing corporation of |
22 | the H. Lee Moffitt Cancer Center and Research Institute; |
23 | prohibiting certain activities by such for-profit |
24 | subsidiaries; requiring that the contract with the State |
25 | Board of Education permit the use of lands, facilities, |
26 | and personnel for research, education, treatment, |
27 | prevention, and early detection of cancer; authorizing the |
28 | governing corporation and its subsidiaries to obtain their |
29 | own property insurance coverage; requiring that certain |
30 | appropriations be paid directly to the board of directors |
31 | of the governing corporation; changing the appointing |
32 | authority for certain members of the council of scientific |
33 | advisers; amending s. 1004.445, F.S.; renaming the Florida |
34 | Alzheimer's Center and Research Institute as the Johnnie |
35 | B. Byrd, Sr., Alzheimer's Center and Research Institute; |
36 | deleting obsolete provisions; authorizing the |
37 | establishment of for-profit subsidiaries of the governing |
38 | corporation; requiring that the contract with the State |
39 | Board of Education permit the use of lands, facilities, |
40 | and personnel for research, education, treatment, |
41 | prevention, and early detection of Alzheimer's disease; |
42 | authorizing the governing corporation and its subsidiaries |
43 | to obtain their own property insurance coverage; requiring |
44 | that certain appropriations be paid directly to the board |
45 | of directors of the governing corporation; changing the |
46 | appointing authority for certain members of the council of |
47 | scientific advisers; creating the Florida Center for |
48 | Universal Research to Eradicate Disease within the |
49 | Department of Health; providing legislative findings and |
50 | intent; specifying the purpose and duties of the center; |
51 | requiring an annual report to the Governor and |
52 | Legislature; authorizing the department to outsource the |
53 | duties of the center; creating an advisory council; |
54 | amending s. 215.5602, F.S.; expanding the long-term goals |
55 | of the James and Esther King Biomedical Research Program |
56 | to include the cure of specified diseases; providing |
57 | funding priority; amending s. 215.5601, F.S., relating to |
58 | the Lawton Chiles Endowment Fund, to conform an intent |
59 | provision; designating the Life Sciences Building at |
60 | Florida State University as the "James E. 'Jim' King, Jr., |
61 | Building"; authorizing Florida State University to erect |
62 | markers; creating the Florida Cancer Research Council; |
63 | providing for the affairs of the council; requiring an |
64 | annual report; specifying the council's mission and |
65 | duties; creating the Florida Public Health Foundation, |
66 | Inc.; providing for the foundation's duties and mission; |
67 | providing for its board of directors; requiring annual |
68 | reports; requiring the foundation to coordinate monthly |
69 | health awareness campaigns to disseminate information |
70 | about specified diseases and conditions; establishing the |
71 | Prostate Cancer Awareness Program within the Department of |
72 | Health for the purpose of providing statewide outreach and |
73 | education concerning the early detection of prostate |
74 | cancer; authorizing the department and the Florida Public |
75 | Health Foundation, Inc., to enter into contracts and seek |
76 | grant moneys; creating an advisory committee to assist the |
77 | program; providing for membership of the committee; |
78 | authorizing reimbursement for certain per diem and travel |
79 | expenses; creating the Cervical Cancer Elimination Task |
80 | Force; providing duties and membership of the task force; |
81 | requiring the task force to make periodic reports to the |
82 | Governor and the Legislature; providing for the task force |
83 | to be dissolved on a specified date; providing an |
84 | effective date. |
85 |
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86 |
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87 | Be It Enacted by the Legislature of the State of Florida: |
88 |
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89 | Section 1. Section 460.4062, Florida Statutes, is created |
90 | to read: |
91 | 460.4062 Chiropractic medicine faculty certificate.-- |
92 | (1) The department may issue a chiropractic medicine |
93 | faculty certificate without examination to an individual who |
94 | remits a nonrefundable application fee, not to exceed $100 as |
95 | determined by rule of the board, and who demonstrates to the |
96 | board that he or she meets the following requirements: |
97 | (a) Is a graduate of an accredited school or college of |
98 | chiropractic accredited by the Council on Chiropractic |
99 | Education. |
100 | (b) Holds a valid current license to practice chiropractic |
101 | medicine in another jurisdiction in the United States. |
102 | (c) Is at least 21 years of age and of good moral |
103 | character. |
104 | (d) Has not committed any act or offense in any |
105 | jurisdiction which would constitute the basis for discipline |
106 | under this chapter or chapter 456. |
107 | (e) Has been offered and has accepted a full-time faculty |
108 | appointment to teach in a program of chiropractic medicine at a |
109 | publicly funded state university or college and provides a |
110 | certification from the dean of the appointing college |
111 | acknowledging the appointment. |
112 | (2) The certificate shall authorize the holder to practice |
113 | only in conjunction with his or her faculty position at a |
114 | publicly funded state university or college and its affiliated |
115 | clinics that are registered with the board as sites at which |
116 | holders of chiropractic medicine faculty certificates will be |
117 | practicing. Such certificate shall automatically expire upon |
118 | termination of the holder's relationship with the school or |
119 | after a period of 2 years, whichever occurs first. |
120 | (3) The holder of a faculty certificate may engage in the |
121 | practice of chiropractic medicine as permitted by this section. |
122 | (4) Notwithstanding subsection (2), a chiropractic |
123 | medicine faculty certificate is renewable every 2 years by a |
124 | holder who applies to the board on a form prescribed by the |
125 | board and who continues to satisfy the requirements set forth in |
126 | subsection (1). |
127 | Section 2. Section 1004.383, Florida Statutes, is created |
128 | to read: |
129 | 1004.383 Chiropractic medicine degree program at Florida |
130 | State University.--A chiropractic medicine degree program is |
131 | authorized at Florida State University. |
132 | Section 3. Paragraph (a) of subsection (1) of section |
133 | 561.121, Florida Statutes, is amended to read: |
134 | 561.121 Deposit of revenue.-- |
135 | (1) All state funds collected pursuant to ss. 563.05, |
136 | 564.06, and 565.12 shall be paid into the State Treasury and |
137 | disbursed in the following manner: |
138 | (a)1. Two percent of monthly collections of the excise |
139 | taxes on alcoholic beverages established in ss. 563.05, 564.06, |
140 | and 565.12 shall be deposited into the Alcoholic Beverage and |
141 | Tobacco Trust Fund to meet the division's appropriation for the |
142 | state fiscal year. |
143 | 2. Beginning July 1, 2004, there is annually distributed |
144 | $15 million to the Grants and Donations Trust Fund within the |
145 | Department of Elderly Affairs, and these funds are annually |
146 | appropriated to support a contract with the Johnnie B. Byrd, |
147 | Sr., Alzheimer's Center and Research Institute at the University |
148 | of South Florida for the purposes of conducting research, |
149 | developing and operating integrated data projects, and providing |
150 | assistance to memory disorder clinics as established in s. |
151 | 430.502. |
152 | 3. Beginning July 1, 2004, there is annually distributed |
153 | $6 million to the Biomedical Research Trust Fund within the |
154 | Department of Health, and these funds are annually appropriated |
155 | to the James and Esther King Biomedical Research Program. From |
156 | these funds, up to $250,000 shall be available annually for the |
157 | operating costs of the Florida Center for Universal Research to |
158 | Eradicate Disease. |
159 | 4. Beginning July 1, 2004, there is annually distributed |
160 | $9 million to be paid by warrant drawn by the Chief Financial |
161 | Officer upon the State Treasury to Florida State University for |
162 | the School of Chiropractic Medicine. Notwithstanding the |
163 | provisions of chapter 216, until the School of Chiropractic |
164 | Medicine is completely staffed and fully operational, these |
165 | funds may be used for any purpose by the university. |
166 | Section 4. Section 1004.43, Florida Statutes, is amended |
167 | to read: |
168 | 1004.43 H. Lee Moffitt Cancer Center and Research |
169 | Institute.--There is established the H. Lee Moffitt Cancer |
170 | Center and Research Institute at the University of South |
171 | Florida. |
172 | (1) The State Board of Education shall enter into an |
173 | agreement for the utilization of the facilities on the campus of |
174 | the University of South Florida to be known as the H. Lee |
175 | Moffitt Cancer Center and Research Institute, including all |
176 | furnishings, equipment, and other chattels used in the operation |
177 | of said facilities, with a Florida not-for-profit corporation |
178 | organized solely for the purpose of governing and operating the |
179 | H. Lee Moffitt Cancer Center and Research Institute. This not- |
180 | for-profit corporation, acting as an instrumentality of the |
181 | State of Florida, shall govern and operate the H. Lee Moffitt |
182 | Cancer Center and Research Institute in accordance with the |
183 | terms of the agreement between the State Board of Education and |
184 | the not-for-profit corporation. The not-for-profit corporation |
185 | may, with the prior approval of the State Board of Education, |
186 | create either for-profit or not-for-profit corporate |
187 | subsidiaries, or both, to fulfill its mission. For-profit |
188 | subsidiaries of the not-for-profit corporation may not compete |
189 | with for-profit health care providers in the delivery of |
190 | radiation therapy services to patients. The not-for-profit |
191 | corporation and its subsidiaries are authorized to receive, |
192 | hold, invest, and administer property and any moneys received |
193 | from private, local, state, and federal sources, as well as |
194 | technical and professional income generated or derived from |
195 | practice activities of the institute, for the benefit of the |
196 | institute and the fulfillment of its mission. The affairs of the |
197 | corporation shall be managed by a board of directors who shall |
198 | serve without compensation. The President of the University of |
199 | South Florida and the chair of the State Board of Education, or |
200 | his or her designee, shall be directors of the not-for-profit |
201 | corporation, together with 5 representatives of the state |
202 | universities and no more than 14 nor fewer than 10 directors who |
203 | are not medical doctors or state employees. Each director shall |
204 | have only one vote, shall serve a term of 3 years, and may be |
205 | reelected to the board. Other than the President of the |
206 | University of South Florida and the chair of the State Board of |
207 | Education, directors shall be elected by a majority vote of the |
208 | board. The chair of the board of directors shall be selected by |
209 | majority vote of the directors. |
210 | (2) The State Board of Education shall provide in the |
211 | agreement with the not-for-profit corporation for the following: |
212 | (a) Approval of the articles of incorporation of the not- |
213 | for-profit corporation by the State Board of Education. |
214 | (b) Approval of the articles of incorporation of any not- |
215 | for-profit corporate subsidiary created by the not-for-profit |
216 | corporation. |
217 | (c) Utilization of lands, hospital facilities, and |
218 | personnel by the not-for-profit corporation and its subsidiaries |
219 | for research, education, treatment, prevention, and the early |
220 | detection of cancer and for mutually approved teaching and |
221 | research programs conducted by the University of South Florida |
222 | or other accredited medical schools or research institutes. |
223 | (d) Preparation of an annual financial audit of the not- |
224 | for-profit corporation's accounts and records and the accounts |
225 | and records of any subsidiaries to be conducted by an |
226 | independent certified public accountant. The annual audit report |
227 | shall include a management letter, as defined in s. 11.45, and |
228 | shall be submitted to the Auditor General and the State Board of |
229 | Education. The State Board of Education, the Auditor General, |
230 | and the Office of Program Policy Analysis and Government |
231 | Accountability shall have the authority to require and receive |
232 | from the not-for-profit corporation and any subsidiaries or from |
233 | their independent auditor any detail or supplemental data |
234 | relative to the operation of the not-for-profit corporation or |
235 | subsidiary. |
236 | (e) Provision by the not-for-profit corporation and its |
237 | subsidiaries of equal employment opportunities to all persons |
238 | regardless of race, color, religion, sex, age, or national |
239 | origin. |
240 | (3) The State Board of Education is authorized to secure |
241 | comprehensive general liability protection, including |
242 | professional liability protection, for the not-for-profit |
243 | corporation and its subsidiaries pursuant to s. 1004.24. The |
244 | not-for-profit corporation and its subsidiaries shall be exempt |
245 | from any participation in any property insurance trust fund |
246 | established by law, including any property insurance trust fund |
247 | established pursuant to chapter 284, so long as the not-for- |
248 | profit corporation and its subsidiaries maintain property |
249 | insurance protection with comparable or greater coverage limits. |
250 | (4) In the event that the agreement between the not-for- |
251 | profit corporation and the State Board of Education is |
252 | terminated for any reason, the State Board of Education shall |
253 | resume governance and operation of said facilities. |
254 | (5) The institute shall be administered by a chief |
255 | executive officer who shall serve at the pleasure of the board |
256 | of directors of the not-for-profit corporation and who shall |
257 | have the following powers and duties subject to the approval of |
258 | the board of directors: |
259 | (a) The chief executive officer shall establish programs |
260 | which fulfill the mission of the institute in research, |
261 | education, treatment, prevention, and the early detection of |
262 | cancer; however, the chief executive officer shall not establish |
263 | academic programs for which academic credit is awarded and which |
264 | terminate in the conference of a degree without prior approval |
265 | of the State Board of Education. |
266 | (b) The chief executive officer shall have control over |
267 | the budget and the dollars appropriated or donated to the |
268 | institute from private, local, state, and federal sources, as |
269 | well as technical and professional income generated or derived |
270 | from practice activities of the institute. However, professional |
271 | income generated by university faculty from practice activities |
272 | at the institute shall be shared between the institute and the |
273 | university as determined by the chief executive officer and the |
274 | appropriate university dean or vice president. |
275 | (c) The chief executive officer shall appoint members to |
276 | carry out the research, patient care, and educational activities |
277 | of the institute and determine compensation, benefits, and terms |
278 | of service. Members of the institute shall be eligible to hold |
279 | concurrent appointments at affiliated academic institutions. |
280 | University faculty shall be eligible to hold concurrent |
281 | appointments at the institute. |
282 | (d) The chief executive officer shall have control over |
283 | the use and assignment of space and equipment within the |
284 | facilities. |
285 | (e) The chief executive officer shall have the power to |
286 | create the administrative structure necessary to carry out the |
287 | mission of the institute. |
288 | (f) The chief executive officer shall have a reporting |
289 | relationship to the Commissioner of Education. |
290 | (g) The chief executive officer shall provide a copy of |
291 | the institute's annual report to the Governor and Cabinet, the |
292 | President of the Senate, the Speaker of the House of |
293 | Representatives, and the chair of the State Board of Education. |
294 | (6) The board of directors of the not-for-profit |
295 | corporation shall create a council of scientific advisers to the |
296 | chief executive officer comprised of leading researchers, |
297 | physicians, and scientists. This council shall review programs |
298 | and recommend research priorities and initiatives so as to |
299 | maximize the state's investment in the institute. The council |
300 | shall be appointed by the board of directors of the not-for- |
301 | profit corporation and shall include five appointees of the |
302 | State Board of Education. Each member of the council shall be |
303 | appointed to serve a 2-year term and may be reappointed to the |
304 | council. |
305 | (7) In carrying out the provisions of this section, the |
306 | not-for-profit corporation and its subsidiaries are not |
307 | "agencies" within the meaning of s. 20.03(11). |
308 | (8)(a) Records of the not-for-profit corporation and of |
309 | its subsidiaries are public records unless made confidential or |
310 | exempt by law. |
311 | (b) Proprietary confidential business information is |
312 | confidential and exempt from the provisions of s. 119.07(1) and |
313 | s. 24(a), Art. I of the State Constitution. However, the Auditor |
314 | General, the Office of Program Policy Analysis and Government |
315 | Accountability, and the State Board of Education, pursuant to |
316 | their oversight and auditing functions, must be given access to |
317 | all proprietary confidential business information upon request |
318 | and without subpoena and must maintain the confidentiality of |
319 | information so received. As used in this paragraph, the term |
320 | "proprietary confidential business information" means |
321 | information, regardless of its form or characteristics, which is |
322 | owned or controlled by the not-for-profit corporation or its |
323 | subsidiaries; is intended to be and is treated by the not-for- |
324 | profit corporation or its subsidiaries as private and the |
325 | disclosure of which would harm the business operations of the |
326 | not-for-profit corporation or its subsidiaries; has not been |
327 | intentionally disclosed by the corporation or its subsidiaries |
328 | unless pursuant to law, an order of a court or administrative |
329 | body, a legislative proceeding pursuant to s. 5, Art. III of the |
330 | State Constitution, or a private agreement that provides that |
331 | the information may be released to the public; and which is |
332 | information concerning: |
333 | 1. Internal auditing controls and reports of internal |
334 | auditors; |
335 | 2. Matters reasonably encompassed in privileged attorney- |
336 | client communications; |
337 | 3. Contracts for managed-care arrangements, including |
338 | preferred provider organization contracts, health maintenance |
339 | organization contracts, and exclusive provider organization |
340 | contracts, and any documents directly relating to the |
341 | negotiation, performance, and implementation of any such |
342 | contracts for managed-care arrangements; |
343 | 4. Bids or other contractual data, banking records, and |
344 | credit agreements the disclosure of which would impair the |
345 | efforts of the not-for-profit corporation or its subsidiaries to |
346 | contract for goods or services on favorable terms; |
347 | 5. Information relating to private contractual data, the |
348 | disclosure of which would impair the competitive interest of the |
349 | provider of the information; |
350 | 6. Corporate officer and employee personnel information; |
351 | 7. Information relating to the proceedings and records of |
352 | credentialing panels and committees and of the governing board |
353 | of the not-for-profit corporation or its subsidiaries relating |
354 | to credentialing; |
355 | 8. Minutes of meetings of the governing board of the not- |
356 | for-profit corporation and its subsidiaries, except minutes of |
357 | meetings open to the public pursuant to subsection (9); |
358 | 9. Information that reveals plans for marketing services |
359 | that the corporation or its subsidiaries reasonably expect to be |
360 | provided by competitors; |
361 | 10. Trade secrets as defined in s. 688.002, including |
362 | reimbursement methodologies or rates; or |
363 | 11. The identity of donors or prospective donors of |
364 | property who wish to remain anonymous or any information |
365 | identifying such donors or prospective donors. The anonymity of |
366 | these donors or prospective donors must be maintained in the |
367 | auditor's report. |
368 |
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369 | As used in this paragraph, the term "managed care" means systems |
370 | or techniques generally used by third-party payors or their |
371 | agents to affect access to and control payment for health care |
372 | services. Managed-care techniques most often include one or more |
373 | of the following: prior, concurrent, and retrospective review of |
374 | the medical necessity and appropriateness of services or site of |
375 | services; contracts with selected health care providers; |
376 | financial incentives or disincentives related to the use of |
377 | specific providers, services, or service sites; controlled |
378 | access to and coordination of services by a case manager; and |
379 | payor efforts to identify treatment alternatives and modify |
380 | benefit restrictions for high-cost patient care. |
381 | (9) Meetings of the governing board of the not-for-profit |
382 | corporation and meetings of the subsidiaries of the not-for- |
383 | profit corporation at which the expenditure of dollars |
384 | appropriated to the not-for-profit corporation by the state are |
385 | discussed or reported must remain open to the public in |
386 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
387 | Constitution, unless made confidential or exempt by law. Other |
388 | meetings of the governing board of the not-for-profit |
389 | corporation and of the subsidiaries of the not-for-profit |
390 | corporation are exempt from s. 286.011 and s. 24(b), Art. I of |
391 | the State Constitution. |
392 | (10) In addition to the continuing appropriation to the |
393 | institute provided in s. 210.20(2), any appropriation to the |
394 | institute provided in a general appropriations act shall be paid |
395 | directly to the board of directors of the not-for-profit |
396 | corporation by warrant drawn by the Chief Financial Officer from |
397 | the State Treasury. |
398 | Section 5. Section 1004.445, Florida Statutes, is amended |
399 | to read: |
400 | 1004.445 Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
401 | and Research Institute.-- |
402 | (1) Effective July 1, 2002, The Johnnie B. Byrd, Sr., |
403 | Florida Alzheimer's Center and Research Institute is established |
404 | at the University of South Florida. |
405 | (2)(a) The State Board of Education shall enter into an |
406 | agreement for the utilization of the facilities on the campus of |
407 | the University of South Florida to be known as the Johnnie B. |
408 | Byrd, Sr., Florida Alzheimer's Center and Research Institute, |
409 | including all furnishings, equipment, and other chattels used in |
410 | the operation of those facilities, with a Florida not-for-profit |
411 | corporation organized solely for the purpose of governing and |
412 | operating the Johnnie B. Byrd, Sr., Florida Alzheimer's Center |
413 | and Research Institute. This not-for-profit corporation, acting |
414 | as an instrumentality of the state, shall govern and operate the |
415 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
416 | Institute in accordance with the terms of the agreement between |
417 | the State Board of Education and the not-for-profit corporation. |
418 | The not-for-profit corporation may, with the prior approval of |
419 | the State Board of Education, create either for-profit or not- |
420 | for-profit corporate subsidiaries, or both, to fulfill its |
421 | mission. The not-for-profit corporation and its subsidiaries are |
422 | authorized to receive, hold, invest, and administer property and |
423 | any moneys acquired from private, local, state, and federal |
424 | sources, as well as technical and professional income generated |
425 | or derived from practice activities of the institute, for the |
426 | benefit of the institute and the fulfillment of its mission. |
427 | (b)1. The affairs of the not-for-profit corporation shall |
428 | be managed by a board of directors who shall serve without |
429 | compensation. The board of directors shall consist of the |
430 | President of the University of South Florida and the chair of |
431 | the State Board of Education, or their designees, 5 |
432 | representatives of the state universities, and no fewer than 9 |
433 | nor more than 14 representatives of the public who are neither |
434 | medical doctors nor state employees. Each director who is a |
435 | representative of a state university or of the public shall be |
436 | appointed to serve a term of 3 years. The chair of the board of |
437 | directors shall be selected by a majority vote of the directors. |
438 | Each director shall have only one vote. |
439 | 2. The initial board of directors shall consist of the |
440 | President of the University of South Florida and the chair of |
441 | the State Board of Education, or their designees; the five |
442 | university representatives, of whom one shall be appointed by |
443 | the Governor, two by the President of the Senate, and two by the |
444 | Speaker of the House of Representatives; and nine public |
445 | representatives, of whom three shall be appointed by the |
446 | Governor, three by the President of the Senate, and three by the |
447 | Speaker of the House of Representatives. Upon the expiration of |
448 | the terms of the initial appointed directors, all directors |
449 | subject to 3-year terms of office under this paragraph shall be |
450 | appointed by a majority vote of the directors and the board may |
451 | be expanded to include additional public representative |
452 | directors up to the maximum number allowed. Any vacancy in |
453 | office shall be filled for the remainder of the term by majority |
454 | vote of the directors. Any director may be reappointed. |
455 | (3) The State Board of Education shall provide in the |
456 | agreement with the not-for-profit corporation for the following: |
457 | (a) Approval by the State Board of Education of the |
458 | articles of incorporation of the not-for-profit corporation. |
459 | (b) Approval by the State Board of Education of the |
460 | articles of incorporation of any not-for-profit corporate |
461 | subsidiary created by the not-for-profit corporation. |
462 | (c) Utilization of lands, hospital facilities, and |
463 | personnel by the not-for-profit corporation and its subsidiaries |
464 | for research, education, treatment, prevention, and the early |
465 | detection of Alzheimer's disease and for mutually approved |
466 | teaching and research programs conducted by the University of |
467 | South Florida or other accredited medical schools or research |
468 | institutes. |
469 | (d) Preparation of an annual postaudit of the not-for- |
470 | profit corporation's financial accounts and the financial |
471 | accounts of any subsidiaries to be conducted by an independent |
472 | certified public accountant. The annual audit report shall |
473 | include management letters and shall be submitted to the Auditor |
474 | General and the State Board of Education for review. The State |
475 | Board of Education, the Auditor General, and the Office of |
476 | Program Policy Analysis and Government Accountability shall have |
477 | the authority to require and receive from the not-for-profit |
478 | corporation and any subsidiaries, or from their independent |
479 | auditor, any detail or supplemental data relative to the |
480 | operation of the not-for-profit corporation or subsidiary. |
481 | (e) Provision by the not-for-profit corporation and its |
482 | subsidiaries of equal employment opportunities for all persons |
483 | regardless of race, color, religion, gender, age, or national |
484 | origin. |
485 | (4) The State Board of Education is authorized to secure |
486 | comprehensive general liability protection, including |
487 | professional liability protection, for the not-for-profit |
488 | corporation and its subsidiaries, pursuant to s. 1004.24. The |
489 | not-for-profit corporation and its subsidiaries shall be exempt |
490 | from any participation in any property insurance trust fund |
491 | established by law, including any property insurance trust fund |
492 | established pursuant to chapter 284, so long as the not-for- |
493 | profit corporation and its subsidiaries maintain property |
494 | insurance protection with comparable or greater coverage limits. |
495 | (5) In the event that the agreement between the not-for- |
496 | profit corporation and the State Board of Education is |
497 | terminated for any reason, the State Board of Education shall |
498 | assume governance and operation of the facilities. |
499 | (6) The institute shall be administered by a chief |
500 | executive officer, who shall be appointed by and serve at the |
501 | pleasure of the board of directors of the not-for-profit |
502 | corporation, and who shall exercise the following powers and |
503 | duties, subject to the approval of the board of directors: |
504 | (a) The chief executive officer shall establish programs |
505 | that fulfill the mission of the institute in research, |
506 | education, treatment, prevention, and early detection of |
507 | Alzheimer's disease; however, the chief executive officer may |
508 | not establish academic programs for which academic credit is |
509 | awarded and which culminate in the conferring of a degree, |
510 | without prior approval of the State Board of Education. |
511 | (b) The chief executive officer shall have control over |
512 | the budget and the moneys appropriated or donated to the |
513 | institute from private, local, state, and federal sources, as |
514 | well as technical and professional income generated or derived |
515 | from practice activities of the institute. However, professional |
516 | income generated by university faculty from practice activities |
517 | at the institute shall be shared between the institute and the |
518 | university as determined by the chief executive officer and the |
519 | appropriate university dean or vice president. |
520 | (c) The chief executive officer shall appoint |
521 | representatives of the institute to carry out the research, |
522 | patient care, and educational activities of the institute and |
523 | establish the compensation, benefits, and terms of service of |
524 | such representatives. Representatives of the institute shall be |
525 | eligible to hold concurrent appointments at affiliated academic |
526 | institutions. University faculty shall be eligible to hold |
527 | concurrent appointments at the institute. |
528 | (d) The chief executive officer shall have control over |
529 | the use and assignment of space and equipment within the |
530 | facilities. |
531 | (e) The chief executive officer shall have the power to |
532 | create the administrative structure necessary to carry out the |
533 | mission of the institute. |
534 | (f) The chief executive officer shall have a reporting |
535 | relationship to the Commissioner of Education. |
536 | (g) The chief executive officer shall provide a copy of |
537 | the institute's annual report to the Governor and Cabinet, the |
538 | President of the Senate, the Speaker of the House of |
539 | Representatives, and the chair of the State Board of Education. |
540 | (7) The board of directors of the not-for-profit |
541 | corporation shall create a council of scientific advisers to the |
542 | chief executive officer comprised of leading researchers, |
543 | physicians, and scientists. The council shall review programs |
544 | and recommend research priorities and initiatives to maximize |
545 | the state's investment in the institute. The members of the |
546 | council shall be appointed by the board of directors of the not- |
547 | for-profit corporation, except for five members who shall be |
548 | appointed by the State Board of Education. Each member of the |
549 | council shall be appointed to serve a 2-year term and may be |
550 | reappointed to the council. |
551 | (8) In carrying out the provisions of this section, the |
552 | not-for-profit corporation and its subsidiaries are not agencies |
553 | within the meaning of s. 20.03(11). |
554 | (9) The following information is confidential and exempt |
555 | from the provisions of s. 119.07(1) and s. 24, Art. I of the |
556 | State Constitution: |
557 | (a) Personal identifying information relating to clients |
558 | of programs created or funded through the Johnnie B. Byrd, Sr., |
559 | Florida Alzheimer's Center and Research Institute which is held |
560 | by the institute, University of South Florida, or State Board of |
561 | Education or by persons who provide services to clients of |
562 | programs created or funded through contracts with the Johnnie B. |
563 | Byrd, Sr., Florida Alzheimer's Center and Research Institute; |
564 | (b) Any medical or health records relating to patients |
565 | which may be created or received by the institute; |
566 | (c) Materials that relate to methods of manufacture or |
567 | production, potential trade secrets, potentially patentable |
568 | material, actual trade secrets as defined in s. 688.002, or |
569 | proprietary information received, generated, ascertained, or |
570 | discovered during the course of research conducted by or through |
571 | the institute and business transactions resulting from such |
572 | research; |
573 | (d) The identity of a donor or prospective donor to the |
574 | Johnnie B. Byrd, Sr., Florida Alzheimer's Center and Research |
575 | Institute who wishes to remain anonymous, and all information |
576 | identifying such donor or prospective donor; |
577 | (e) Any information received by the institute in the |
578 | performance of its duties and responsibilities which is |
579 | otherwise confidential and exempt by law; and |
580 | (f) Any information received by the institute from a |
581 | person from another state or nation or the Federal Government |
582 | which is otherwise confidential or exempt pursuant to that |
583 | state's or nation's laws or pursuant to federal law. |
584 |
|
585 | Any governmental entity that demonstrates a need to access such |
586 | confidential and exempt information in order to perform its |
587 | duties and responsibilities shall have access to such |
588 | information and shall otherwise keep such information |
589 | confidential and exempt. This section is subject to the Open |
590 | Government Sunset Review Act of 1995 in accordance with s. |
591 | 119.15 and shall stand repealed on October 2, 2006, unless |
592 | reviewed and saved from repeal through reenactment by the |
593 | Legislature. |
594 | (10) Any appropriation to the institute provided in a |
595 | general appropriations act shall be paid directly to the board |
596 | of directors of the not-for-profit corporation by warrant drawn |
597 | by the Chief Financial Officer from the State Treasury. |
598 | Section 6. Florida Center for Universal Research to |
599 | Eradicate Disease.-- |
600 | (1) The Legislature finds that an estimated 128 million |
601 | Americans suffer from acute, chronic, and degenerative diseases |
602 | and that biomedical research is the key to finding cures for |
603 | these diseases that negatively affect all Floridians. The |
604 | Legislature further finds that, while there is much research |
605 | being conducted throughout this state and throughout the world, |
606 | there is a lack of coordination of efforts among researchers. |
607 | The Legislature, therefore, finds that there is a significant |
608 | need for a coordinated effort if the goal of curing disease is |
609 | to be achieved. Moreover, the Legislature finds that the |
610 | biomedical technology sector meets the criteria of a high-impact |
611 | sector, pursuant to section 288.108, Florida Statutes, having a |
612 | high importance to this state's economy with a significant |
613 | potential for growth and contribution to our universities and |
614 | quality of life. |
615 | (2) It is the intent of the Legislature that Florida |
616 | strive to become the nation's leader in biomedical research and |
617 | commit itself to being the state to find cures for the most |
618 | deadly and widespread diseases. It is further the intent of the |
619 | Legislature that there be a coordinated effort among the state's |
620 | public and private universities and the biomedical industry to |
621 | discover such cures. Moreover, it is the intent of the |
622 | Legislature to expand the state economy by attracting biomedical |
623 | researchers and research companies to this state. |
624 | (3) There is established within the Department of Health |
625 | the Florida Center for Universal Research to Eradicate Disease, |
626 | which shall be known as "CURED." |
627 | (a) The purpose of the center is to coordinate, improve, |
628 | expand, and monitor all biomedical research programs within the |
629 | state, facilitate funding opportunities, and foster improved |
630 | technology transfer of research findings into clinical trials |
631 | and widespread public use. |
632 | (b) The goal of the center is to find cures for diseases |
633 | such as cancer, heart disease, lung disease, diabetes, |
634 | autoimmune disorders, and neurological disorders, including |
635 | Alzheimer's disease, epilepsy, and Parkinson's disease. |
636 | (c) The center shall hold an annual biomedical technology |
637 | summit in Florida to which biomedical researchers, biomedical |
638 | technology companies, business incubators, pharmaceutical |
639 | manufacturers, and others around the nation and world are |
640 | invited to share biomedical research findings in order to |
641 | expedite the discovery of cures. Summit attendees shall cover |
642 | the costs of such attendance or obtain sponsorship for such |
643 | attendance. |
644 | (d) The center shall encourage clinical trials in this |
645 | state on research that holds promise of curing a disease or |
646 | condition. The center shall facilitate partnerships between |
647 | researchers, treating physicians, and community hospitals for |
648 | the purpose of sharing new techniques and new research findings, |
649 | as well as coordinating voluntary donations to ensure an |
650 | adequate supply of adult stem cells, placentas, or cord blood. |
651 | (e) The center shall facilitate the formation of |
652 | partnerships between researchers in this state and institutions |
653 | in other states and countries where research with rare plants or |
654 | animals could lead to cures. |
655 | (f) The center shall encourage agricultural colleges and |
656 | agricultural businesses in this state to be active in the search |
657 | for cures and in providing information to the public about |
658 | disease prevention. |
659 | (g) The center shall facilitate partnerships among |
660 | researchers working to cure all types of diseases, including |
661 | those that are prevalent in developed countries and those that |
662 | occur mainly in developing countries. |
663 | (h) The center shall also encourage the discovery and |
664 | production in Florida of vaccines that prevent disease. |
665 | (i) The center shall monitor the supply and demand needs |
666 | of researchers relating to stem cell research and other types of |
667 | human tissue research. If the center determines that there is a |
668 | need for increased donation of human tissue, it shall notify |
669 | hospitals licensed pursuant to chapter 395, Florida Statutes, |
670 | which have entered into partnership agreements with research |
671 | institutes conducting stem cell research located in the same |
672 | geographic region as the researchers demanding the stem cells or |
673 | other tissues. Such hospitals shall implement programs that |
674 | encourage voluntary donations of cord blood or other needed |
675 | adult tissue. |
676 | (j) The center shall be funded through private, state, and |
677 | federal sources. |
678 | (k) The center shall serve as a registry of all known |
679 | opportunities for biomedical grants and may assist any public or |
680 | private biomedical research program in this state in preparing |
681 | grant requests. |
682 | (l) The center shall maintain a website with links to |
683 | peer-reviewed biomedical research. The website shall also |
684 | contain a list of all known biomedical research being conducted |
685 | in Florida and shall facilitate communication among researchers |
686 | and other interested parties. |
687 | (m) The center shall submit an annual report to the |
688 | Governor, the President of the Senate, and the Speaker of the |
689 | House of Representatives no later than January 15 which contains |
690 | recommendations for legislative change necessary to foster a |
691 | positive climate for biomedical research in this state. |
692 | (4) The Department of Health may outsource the duties of |
693 | the center to a private entity or state university. |
694 | (5) There is established within the center an advisory |
695 | council that shall meet at least annually. |
696 | (a) The council shall consist of the members of the board |
697 | of directors of the Florida Research Consortium and at least one |
698 | representative from: |
699 | 1. The Emerging Technology Commission. |
700 | 2. Enterprise Florida, Inc. |
701 | 3. BioFlorida. |
702 | 4. The Biomedical Research Advisory Council. |
703 | 5. The Florida Medical Foundation. |
704 | 6. Pharmaceutical Research and Manufacturers of America. |
705 | 7. The Florida Tri-Agency Coalition on Smoking OR Health. |
706 | 8. The Florida Cancer Research Council. |
707 | 9. The American Cancer Society, Florida Division, Inc. |
708 | 10. The American Heart Association. |
709 | 11. The American Lung Association of Florida. |
710 | 12. The American Diabetes Association, South Coastal |
711 | Region. |
712 | 13. The Alzheimer's Association. |
713 | 14. The Epilepsy Foundation. |
714 | 15. The National Parkinson Foundation. |
715 | 16. The Florida Public Health Foundation, Inc. |
716 | 17. Scripps Florida or the entity formed in this state by |
717 | The Scripps Research Institute. |
718 | (b) Members of the council shall serve without |
719 | compensation and each organization represented shall cover all |
720 | expenses of its representative. |
721 | Section 7. Paragraph (d) of subsection (1) of section |
722 | 215.5601, Florida Statutes, is amended to read: |
723 | 215.5601 Lawton Chiles Endowment Fund.-- |
724 | (1) LEGISLATIVE INTENT.--It is the intent of the |
725 | Legislature to: |
726 | (d) Provide funds to help support public-health and |
727 | biomedical research for the prevention, diagnosis, and |
728 | treatment, and cure of diseases related to tobacco use by |
729 | creating an annual and perpetual source of funding for |
730 | biomedical research in the state in order to expand the |
731 | foundation of biomedical knowledge relating to the prevention, |
732 | diagnosis, and treatment, and cure of diseases related to |
733 | tobacco use, including cancer, cardiovascular disease, stroke, |
734 | and pulmonary disease; improve the quality of the state's |
735 | academic health centers by bringing the advances of biomedical |
736 | research into the training of physicians and other health care |
737 | providers; and increase the state's per capita funding for |
738 | biomedical research by undertaking new initiatives in biomedical |
739 | research which will attract additional funding from outside the |
740 | state while also stimulating economic activity in the state in |
741 | areas related to biomedical research, such as the research and |
742 | production of pharmaceuticals, biotechnology, and medical |
743 | devices. |
744 | Section 8. Paragraphs (a) and (b) of subsection (1) and |
745 | subsections (2) and (10) of section 215.5602, Florida Statutes, |
746 | are amended to read: |
747 | 215.5602 James and Esther King Biomedical Research |
748 | Program.-- |
749 | (1) There is established within the Department of Health |
750 | the James and Esther King Biomedical Research Program funded by |
751 | the proceeds of the Lawton Chiles Endowment Fund pursuant to s. |
752 | 215.5601. The purpose of the James and Esther King Biomedical |
753 | Research Program is to provide an annual and perpetual source of |
754 | funding in order to support research initiatives that address |
755 | the health care problems of Floridians in the areas of tobacco- |
756 | related cancer, cardiovascular disease, stroke, and pulmonary |
757 | disease. The long-term goals of the program are to: |
758 | (a) Improve the health of Floridians by researching better |
759 | prevention, diagnoses, and treatments, and cures for cancer, |
760 | cardiovascular disease, stroke, and pulmonary disease. |
761 | (b) Expand the foundation of biomedical knowledge relating |
762 | to the prevention, diagnosis, and treatment, and cure of |
763 | diseases related to tobacco use, including cancer, |
764 | cardiovascular disease, stroke, and pulmonary disease. |
765 | (2) Funds appropriated for the James and Esther King |
766 | Biomedical Research Program shall be used exclusively for the |
767 | award of grants and fellowships as established in this section; |
768 | for research relating to the prevention, diagnosis, and |
769 | treatment, and cure of diseases related to tobacco use, |
770 | including cancer, cardiovascular disease, stroke, and pulmonary |
771 | disease; and for expenses incurred in the administration of this |
772 | section. Priority shall be granted to research designed to |
773 | prevent or cure disease. |
774 | (10) The council shall submit an annual progress report on |
775 | the state of biomedical research in this state to the Florida |
776 | Center for Universal Research to Eradicate Disease and to the |
777 | Governor, the Secretary of Health, the President of the Senate, |
778 | and the Speaker of the House of Representatives by February 1. |
779 | The report must include: |
780 | (a) A list of research projects supported by grants or |
781 | fellowships awarded under the program. |
782 | (b) A list of recipients of program grants or fellowships. |
783 | (c) A list of publications in peer reviewed journals |
784 | involving research supported by grants or fellowships awarded |
785 | under the program. |
786 | (d) The total amount of biomedical research funding |
787 | currently flowing into the state. |
788 | (e) New grants for biomedical research which were funded |
789 | based on research supported by grants or fellowships awarded |
790 | under the program. |
791 | (f) Progress in the prevention, diagnosis, and treatment, |
792 | and cure of diseases related to tobacco use, including cancer, |
793 | cardiovascular disease, stroke, and pulmonary disease. |
794 | Section 9. (1) The Life Sciences Building at Florida |
795 | State University in Tallahassee is designated as the "James E. |
796 | 'Jim' King, Jr., Building." |
797 | (2) Florida State University is authorized to erect |
798 | markers for the designation of the James E. "Jim" King, Jr., |
799 | Building as described in subsection (1). |
800 | Section 10. Florida Cancer Research Council.-- |
801 | (1) Effective July 1, 2004, the Florida Cancer Research |
802 | Council within the Department of Health is established for the |
803 | purpose of making the state a center of excellence for cancer |
804 | research. |
805 | (2)(a) The council shall be representative of the state's |
806 | cancer centers, hospitals, and patient groups, and shall be |
807 | organized for the purpose of governing the affairs of the |
808 | council. |
809 | (b) The Florida Cancer Research Council may create not- |
810 | for-profit corporate subsidiaries to fulfill its mission. The |
811 | council and its subsidiaries are authorized to receive, hold, |
812 | invest, and administer property and any moneys acquired from |
813 | private, local, state, and federal sources, as well as technical |
814 | and professional income generated or derived from the mission- |
815 | related activities of the council. |
816 | (c) The affairs of the council shall consist of: |
817 | 1. Chairman of the Florida Dialogue on Cancer, who shall |
818 | serve as the chairman of the council; |
819 | 2. Secretary of the Department of Health or his or her |
820 | designee; |
821 | 3. Chief Executive Officer of the H. Lee Moffitt Cancer |
822 | Center or his or her designee; |
823 | 4. President of the University of Florida Shands Cancer |
824 | Center or his or her designee; |
825 | 5. Chief Executive Officer of the University of Miami |
826 | Sylvester Comprehensive Cancer Center or his or her designee; |
827 | 6. Chief Executive Officer of the Mayo Clinic, |
828 | Jacksonville or his or her designee; |
829 | 7. Chief Executive Officer of the American Cancer Society, |
830 | Florida Division or his or her designee; |
831 | 8. President of the American Cancer Society, Florida |
832 | Division Board of Directors or his or her designee; |
833 | 9. President of the Florida Society of Clinical Oncology |
834 | or his or her designee; |
835 | 10. President of the American College of Surgeons, Florida |
836 | Chapter, or his or her designee; |
837 | 11. Chief Executive Officer of Enterprise Florida, Inc., |
838 | or his or her designee; |
839 | 12. Five representatives from cancer programs approved by |
840 | the American College of Surgeons. Three shall be appointed by |
841 | the Governor, one shall be appointed by the Speaker of the House |
842 | of Representatives, and one shall be appointed by the President |
843 | of the Senate; |
844 | 13. One member of the House of Representatives, to be |
845 | appointed by the Speaker of the House of Representatives; and |
846 | 14. One member of the Senate, to be appointed by the |
847 | President of the Senate. |
848 | (d) Appointments made by the Speaker of the House of |
849 | Representatives and the President of the Senate pursuant to |
850 | paragraph (c) shall be for 2-year terms, concurrent with the |
851 | bienniums in which they serve as presiding officers. |
852 | (e) Appointments made by the Governor pursuant to |
853 | paragraph (c) shall be for 2-year terms, although the Governor |
854 | may reappoint directors. |
855 | (f) Members of the council or any subsidiaries shall serve |
856 | without compensation, and each organization represented on the |
857 | council shall cover the expenses of its representatives. |
858 | (3) The council shall issue an annual report to the Center |
859 | for Universal Research to Eradicate Disease, the Governor, the |
860 | Speaker of the House of Representatives, and the President of |
861 | the Senate by December 15 of each year, with policy and funding |
862 | recommendations regarding cancer research capacity in Florida |
863 | and related issues. |
864 | Section 11. Florida Cancer Research Council, mission and |
865 | duties.--The council, which shall work in concert with the |
866 | Florida Center for Universal Research to Eradicate Disease to |
867 | ensure that the goals of the center are advanced, shall endeavor |
868 | to dramatically improve cancer research and treatment in this |
869 | state through: |
870 | (1) Efforts to significantly expand cancer research |
871 | capacity in the state by: |
872 | (a) Identifying ways to attract new research talent and |
873 | attendant national grant producing researchers to Florida-based |
874 | cancer research facilities; |
875 | (b) Implementing a peer-reviewed, competitive process to |
876 | identify and fund the best proposals to expand cancer research |
877 | institutes in this state; |
878 | (c) Funding through available resources for those |
879 | proposals that demonstrate the greatest opportunity to attract |
880 | federal research grants and private financial support; |
881 | (d) Encouraging the employment of bioinformatics in order |
882 | to create a cancer informatics infrastructure that enhances |
883 | information and resource exchange and integration through |
884 | researchers working in diverse disciplines, to facilitate the |
885 | full spectrum of cancer investigations; |
886 | (e) Facilitating the technical coordination, business |
887 | development, and support of intellectual property as it relates |
888 | to the advancement of cancer research; and |
889 | (f) Aiding in other multidisciplinary research-support |
890 | activities as they inure to the advancement of cancer research. |
891 | (2) Efforts to improve both research and treatment through |
892 | greater participation in clinical trials networks by: |
893 | (a) Identifying ways to increase adult enrollment in |
894 | cancer clinical trials; |
895 | (b) Supporting public and private professional education |
896 | programs designed to increase the awareness and knowledge about |
897 | cancer clinical trials; |
898 | (c) Providing tools to cancer patients and community-based |
899 | oncologists to aid in the identification of cancer clinical |
900 | trials available in the state; and |
901 | (d) Creating opportunities for the state's academic cancer |
902 | centers to collaborate with community-based oncologists in |
903 | cancer clinical trials networks. |
904 | (3) Efforts to reduce the impact of cancer on disparate |
905 | groups by: |
906 | (a) Identifying those cancers that disproportionately |
907 | impact certain demographic groups; and |
908 | (b) Building collaborations designed to reduce health |
909 | disparities as they relate to cancer. |
910 | Section 12. The Florida Public Health Foundation, Inc.; |
911 | establishment; purpose; mission; duties; board of directors.-- |
912 | (1) The Florida Public Health Foundation, Inc., referred |
913 | to in this section as "the corporation," is established for the |
914 | purpose of disseminating breakthrough findings in biomedical |
915 | research and promoting health awareness in this state. |
916 | (2) The corporation's mission includes disseminating |
917 | information about innovative biomedical research and clinical |
918 | trials in this state as well as making Floridians and their |
919 | treatment providers aware of specified diseases and conditions |
920 | and available methods of preventing, diagnosing, treating, and |
921 | curing those diseases and conditions. |
922 | (3) The purpose and objective of the corporation shall be |
923 | to operate exclusively for charitable, scientific, and |
924 | educational purposes; to protect and improve the health and |
925 | well-being of Florida's people and environment through |
926 | partnerships committed to program innovation, education, applied |
927 | research, and policy development; and to engage in charitable |
928 | programs dedicated to improving the health of Floridians. |
929 | (4) The corporation shall be established as a not-for- |
930 | profit entity qualifying under section 501(c)(3) of the Internal |
931 | Revenue Code. The corporation may receive, hold, invest, and |
932 | administer property and any moneys acquired from private, local, |
933 | state, and federal sources, as well as technical and |
934 | professional income generated or derived from the mission- |
935 | related activities of the corporation. The corporation shall |
936 | have all of the powers conferred upon corporations organized |
937 | under chapter 617, Florida Statutes. |
938 | (5) The corporation's duties include procuring funds |
939 | necessary for accomplishing the purpose and mission of the |
940 | corporation. The corporation shall strive to complement, |
941 | supplement, and enhance the missions of the various |
942 | organizations, entities, and departments represented on its |
943 | board by serving as the lead corporation in the state for |
944 | promoting public health awareness. |
945 | (6) The affairs of the corporation shall be managed by an |
946 | executive director appointed by a board of directors consisting |
947 | of: |
948 | (a) The Secretary of Health or his or her designee. |
949 | (b) A former member of the Senate appointed by the |
950 | President of the Senate. |
951 | (c) A former member of the House of Representatives |
952 | appointed by the Speaker of the House of Representatives. |
953 | (d) A representative of the American Heart Association. |
954 | (e) A representative of the American Cancer Society, |
955 | Florida Division, Inc. |
956 | (f) A representative of the American Lung Association of |
957 | Florida. |
958 | (g) A representative of the American Diabetes Association, |
959 | South Coastal Region. |
960 | (h) A representative of the Alzheimer's Association. |
961 | (i) A representative of the Epilepsy Foundation. |
962 | (j) A representative of the National Parkinson Foundation. |
963 | (k) A representative of the March of Dimes, Florida |
964 | Chapter. |
965 | (l) A representative of the Arthritis Foundation, Florida |
966 | Chapter. |
967 | (m) A representative of the American Liver Foundation. |
968 | (n) A representative of the Florida Council for Behavioral |
969 | Healthcare, Inc. |
970 | (o) A representative of the Florida Alcohol and Drug Abuse |
971 | Association. |
972 | (p) A representative of Pharmaceutical Research and |
973 | Manufacturers of America. |
974 | (q) A representative of the Florida Public Health |
975 | Association. |
976 | (r) A representative of the Florida Association of County |
977 | Health Officers. |
978 | (s) A public health academician selected by the State |
979 | Health Officer. |
980 | (t) A representative of the Florida Academy of Family |
981 | Physicians. |
982 | (u) Three consumers who have demonstrated an interest in |
983 | protecting the public health appointed by the Florida Public |
984 | Health Association. |
985 | (7) Members of the board of directors shall serve for 2- |
986 | year terms and shall serve without compensation. Each |
987 | organization represented on the board of directors shall cover |
988 | the expenses of its representative. |
989 | (8) The corporation, in consultation with the Department |
990 | of Health and the Florida Center for Universal Research to |
991 | Eradicate Disease, shall facilitate communication between |
992 | biomedical researchers and health care providers each month |
993 | according to the health awareness schedule established by the |
994 | Florida Public Health Foundation, Inc., in order to ensure |
995 | ongoing dialogue between researchers, treatment providers, and |
996 | the department. |
997 | (9) The corporation and the Department of Health shall |
998 | enter into partnerships with providers of continuing education |
999 | for health care practitioners, including, but not limited to, |
1000 | hospitals and state and local medical organizations, to ensure |
1001 | that practitioners are aware of the most recent and complete |
1002 | diagnostic and treatment tools. |
1003 | (10) The corporation shall provide an annual report |
1004 | concerning its activities and finances to the Florida Center for |
1005 | Universal Research to Eradicate Disease and shall provide copies |
1006 | of the annual report to the Governor, the President of the |
1007 | Senate, and the Speaker of the House of Representatives. |
1008 | Section 13. Health awareness campaigns.-- |
1009 | (1) The Florida Public Health Foundation, Inc., in |
1010 | consultation with the Department of Health, shall coordinate |
1011 | monthly health awareness campaigns with national, state, and |
1012 | local health care organizations and government entities |
1013 | targeting a wide range of the public, including: parents; |
1014 | teachers and other school employees; students in 4th through |
1015 | 12th grades, colleges, and universities; state agency employees; |
1016 | county and local government employees; patients of county health |
1017 | departments; Medicaid recipients; health care professionals and |
1018 | providers; and the public in general. |
1019 | (2) The awareness campaigns shall include the provision of |
1020 | educational information about preventing, detecting, treating, |
1021 | and curing the following diseases or conditions. Additional |
1022 | diseases and conditions that impact the public health may be |
1023 | added by the board of directors of the Florida Public Health |
1024 | Foundation, Inc.; however, each of the following diseases or |
1025 | conditions must be included in an awareness campaign during at |
1026 | least one month in any 24-month period: |
1027 | (a) Cancer, including breast, prostate, cervical, ovarian, |
1028 | colorectal, and skin cancer and leukemia. |
1029 | (b) Heart disease. |
1030 | (c) Stroke. |
1031 | (d) Lung disease, including asthma and smoking-relating |
1032 | disease. |
1033 | (e) Neurological disorders and disease, including |
1034 | Alzheimer's disease, Parkinson's disease, and epilepsy. |
1035 | (f) Gastrointestinal disease. |
1036 | (g) Kidney disease. |
1037 | (h) Diabetes. |
1038 | (i) Liver disease. |
1039 | (j) Autoimmune disorders. |
1040 | (k) Birth defects and prenatal care. |
1041 | (l) Obesity and malnutrition. |
1042 | (m) Sexually transmissible disease. |
1043 | (n) Hepatitis A, hepatitis B, and hepatitis C. |
1044 | (o) Arthritis. |
1045 | (p) Vaccine-preventable diseases. |
1046 | (q) Infectious diseases, including HIV/AIDS. |
1047 | (r) Substance abuse. |
1048 | (s) Mental illness. |
1049 | (t) Lupus. |
1050 | (u) Osteoporosis. |
1051 | (3) The health awareness campaigns shall be funded by the |
1052 | Florida Public Health Foundation, Inc., and the Department of |
1053 | Health to the extent that funds are available from public and |
1054 | private sources. |
1055 | (4) Health awareness information shall be disseminated |
1056 | through all available methods, including print, audio, visual, |
1057 | and electronic media. |
1058 | Section 14. Prostate Cancer Awareness Program.-- |
1059 | (1) To the extent that funds are specifically made |
1060 | available for this purpose, the Prostate Cancer Awareness |
1061 | Program is established within the Department of Health. The |
1062 | purpose of this program is to implement the recommendations of |
1063 | January 2000 of the Florida Prostate Cancer Task Force to |
1064 | provide for statewide outreach and health education activities |
1065 | to ensure that men are aware of and appropriately seek medical |
1066 | counseling for prostate cancer as an early-detection health care |
1067 | measure. |
1068 | (2) For purposes of implementing the program, the |
1069 | Department of Health and the Florida Public Health Foundation, |
1070 | Inc., may: |
1071 | (a) Conduct activities directly or enter into a contract |
1072 | with a qualified nonprofit community education entity. |
1073 | (b) Seek any available gifts, grants, or funds from the |
1074 | state, the Federal Government, philanthropic foundations, and |
1075 | industry or business groups. |
1076 | (3) A prostate cancer advisory committee is created to |
1077 | advise and assist the Department of Health and the Florida |
1078 | Public Health Foundation, Inc., in implementing the program. |
1079 | (a) The Secretary of Health shall appoint the advisory |
1080 | committee members, who shall consist of: |
1081 | 1. Three persons from prostate cancer survivor groups or |
1082 | cancer-related advocacy groups. |
1083 | 2. Three persons who are scientists or clinicians from |
1084 | public universities or research organizations. |
1085 | 3. Three persons who are engaged in the practice of a |
1086 | cancer-related medical specialty from health organizations |
1087 | committed to cancer research and control. |
1088 | (b) Members shall serve without compensation but are |
1089 | entitled to reimbursement, pursuant to section 112.061, Florida |
1090 | Statutes, for per diem and travel expenses incurred in the |
1091 | performance of their official duties. |
1092 | (4) The program shall coordinate its efforts with those of |
1093 | the Florida Public Health Foundation, Inc. |
1094 | Section 15. Cervical Cancer Elimination Task Force.-- |
1095 | (1) Effective July 1, 2004, the Cervical Cancer |
1096 | Elimination Task Force is established for the purpose of |
1097 | recommending strategies and actions to reduce the costs and |
1098 | burdens of cervical cancer in Florida. The task force shall |
1099 | present interim reports to the Florida Public Health Foundation, |
1100 | Inc., the Florida Cancer Research Council, the Center for |
1101 | Universal Research to Eradicate Disease, the Governor, the |
1102 | President of the Senate, and the Speaker of the House of |
1103 | Representatives on January 1, 2006, and July 1, 2007, with a |
1104 | final report due on June 30, 2008. After submitting its final |
1105 | report on or before June 30, 2008, the task force is dissolved. |
1106 | (2) The task force shall: |
1107 | (a) Review statistical and qualitative data on the |
1108 | prevalence and burden of cervical cancer. |
1109 | (b) Receive and consider reports and testimony from |
1110 | individuals, county health departments, community-based |
1111 | organizations, and other public and private organizations |
1112 | statewide to learn more about their contributions to cervical |
1113 | cancer diagnosis, prevention, and treatment, as well as their |
1114 | ideas for improving the care of cervical cancer patients in this |
1115 | state. |
1116 | (c) Identify priority strategies and new technologies, |
1117 | including newly introduced vaccines, which are effective in |
1118 | preventing and controlling the risk of cervical cancer. |
1119 | (d) Provide recommendations to the Florida Public Health |
1120 | Foundation, Inc., on public awareness issues relating to |
1121 | cervical cancer, such as the causes, personal risk factors, |
1122 | value of prevention, available vaccines, early detection |
1123 | options, treatment costs, new technology, and education for |
1124 | health care practitioners. |
1125 | (e) Identify and examine existing programs, services, |
1126 | laws, and rules regarding the availability and coverage of |
1127 | treatment services for cervical cancer. |
1128 | (f) Develop and revise a comprehensive Florida Cervical |
1129 | Cancer Prevention Plan and present those recommendations to the |
1130 | Department of Health and the Florida Cancer Control and Research |
1131 | Advisory Council for incorporation into the Florida Cancer Plan. |
1132 | (3) The task force shall consist of: |
1133 | (a) The director of the Department of Health's Division of |
1134 | Disease Control or another person with expertise in epidemiology |
1135 | who shall serve as chair, appointed by the Secretary of Health. |
1136 | (b) A board-certified gynecologist licensed as a physician |
1137 | under chapter 458 or chapter 459, Florida Statutes, representing |
1138 | the Florida Obstetric and Gynecologic Society, appointed by the |
1139 | Governor. |
1140 | (c) A family physician licensed under chapter 458 or |
1141 | chapter 459, Florida Statutes, who provides gynecology services |
1142 | representing the Florida Academy of Family Physicians, appointed |
1143 | by the Governor. |
1144 | (d) An oncologist licensed as a physician under chapter |
1145 | 458 or chapter 459, Florida Statutes, representing the Florida |
1146 | Division of the American Cancer Society, appointed by the |
1147 | President of the Senate. |
1148 | (e) An advanced registered nurse practitioner who |
1149 | practices gynecology representing the Florida Nurses |
1150 | Association, appointed by the Speaker of the House of |
1151 | Representatives. |
1152 | (f) A member of the Legislative Women's Caucus, appointed |
1153 | by the President of the Senate. |
1154 | (g) A member of the Legislative Women's Caucus, appointed |
1155 | by the Speaker of the House of Representatives. |
1156 | (h) The chief executive officer of the H. Lee Moffitt |
1157 | Cancer Center and Research Institute or his or her designee. |
1158 | (i) The director of the University of Florida Shands |
1159 | Cancer Center or his or her designee. |
1160 | (j) The director of the University of Miami Sylvester |
1161 | Comprehensive Cancer Center or his or her designee. |
1162 | (k) The chief executive officer of the Mayo Clinic, |
1163 | Jacksonville, or his or her designee. |
1164 | (4) Members of the task force shall be appointed to 4-year |
1165 | terms without compensation, and each organization represented |
1166 | shall cover the expenses of its representative. |
1167 | Section 16. Except as otherwise expressly provided in this |
1168 | act, this act shall take effect upon becoming a law. |