Senate Bill sb1872c2

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    Florida Senate - 2005           CS for CS for SB's 1872 & 2378

    By the Committees on Health and Human Services Appropriations;
    Health Care; and Senators Saunders, Fasano, King, Smith, Rich,
    Dockery and Wise



    603-2067-05

  1                      A bill to be entitled

  2         An act relating to biomedical research;

  3         providing legislative intent; amending s.

  4         20.435, F.S.; authorizing use of funds in the

  5         Biomedical Research Trust Fund administered by

  6         the Department of Health for the purposes of

  7         the Florida Center for Universal Research to

  8         Eradicate Disease; amending s. 561.121, F.S.;

  9         redistributing certain funds collected from

10         taxes on alcoholic beverages; amending s.

11         381.855, F.S.; revising the purpose of the

12         Florida Center for Universal Research to

13         Eradicate Disease; requiring the center to

14         provide grants for cancer research and

15         Alzheimer's disease research; revising

16         membership of the center's advisory council;

17         providing procedures for the awarding of grants

18         for cancer research and Alzheimer's disease

19         research; amending s. 381.921, F.S.; revising a

20         goal of the Florida Cancer Council; amending s.

21         1004.445, F.S.; renaming the Johnnie B. Byrd,

22         Sr., Alzheimer's Center and Research Institute

23         as the "Ronald Reagan Alzheimer's Center and

24         Research Institute"; providing an effective

25         date.

26  

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

28  

29         Section 1.  It is the intent of the Legislature to

30  provide increased funding to support grants for biomedical

31  research in this state with the anticipation that sustained

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 1  funding for biomedical research over a period of years will

 2  lead to an alleviation of human suffering from diseases such

 3  as cancer and Alzheimer's disease. It is the intent of the

 4  Legislature to dramatically reduce this state's inordinately

 5  high cancer burden, reducing both cancer incidence and

 6  mortality, while advancing scientific endeavors in this state,

 7  making this state a world-class leader in cancer research and

 8  treatment. Further, it is the intent of the Legislature to

 9  support Alzheimer's disease research statewide through the

10  awarding of research grants on a competitive basis.

11  Additionally, it is the intent of the Legislature to stimulate

12  dramatic economic development, particularly in the biotech

13  industry, through investment in this state's biomedical

14  research.

15         Section 2.  Paragraph (h) of subsection (1) of section

16  20.435, Florida Statutes, is amended to read:

17         20.435  Department of Health; trust funds.--

18         (1)  The following trust funds are hereby created, to

19  be administered by the Department of Health:

20         (h)  Biomedical Research Trust Fund.

21         1.  Funds to be credited to the trust fund shall

22  consist of funds deposited pursuant to ss. s. 215.5601 and

23  561.121. Funds shall be used for the purposes of the Florida

24  Center for Universal Research to Eradicate Disease as

25  specified in s. 381.855 and the James and Esther King

26  Biomedical Research Program as specified in ss. 215.5602 and

27  288.955. The trust fund is exempt from the service charges

28  imposed by s. 215.20.

29         2.  Notwithstanding the provisions of s. 216.301 and

30  pursuant to s. 216.351, any balance in the trust fund at the

31  end of any fiscal year shall remain in the trust fund at the

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 1  end of the year and shall be available for carrying out the

 2  purposes of the trust fund. The department may invest these

 3  funds independently through the Chief Financial Officer or may

 4  negotiate a trust agreement with the State Board of

 5  Administration for the investment management of any balance in

 6  the trust fund.

 7         3.  Notwithstanding s. 216.301 and pursuant to s.

 8  216.351, any balance of any appropriation from the Biomedical

 9  Research Trust Fund which is not disbursed but which is

10  obligated pursuant to contract or committed to be expended may

11  be certified by the Governor for up to 3 years following the

12  effective date of the original appropriation.

13         4.  The trust fund shall, unless terminated sooner, be

14  terminated on July 1, 2008.

15         Section 3.  Subsection (1) of section 561.121, Florida

16  Statutes, is amended to read:

17         561.121  Deposit of revenue.--

18         (1)  All state funds collected pursuant to ss. 563.05,

19  564.06, and 565.12 shall be paid into the State Treasury and

20  disbursed in the following manner:

21         (a)1.  Two percent of monthly collections of the excise

22  taxes on alcoholic beverages established in ss. 563.05,

23  564.06, and 565.12 shall be deposited into the Alcoholic

24  Beverage and Tobacco Trust Fund to meet the division's

25  appropriation for the state fiscal year.

26         2.  Beginning July 1, 2004, there is annually

27  distributed $15 million to the Grants and Donations Trust Fund

28  within the Department of Elderly Affairs, and these funds are

29  annually appropriated to support a contract with the Johnnie

30  B. Byrd, Sr., Alzheimer's Center and Research Institute at the

31  University of South Florida for the purposes of conducting

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 1  research, developing and operating integrated data projects,

 2  and providing assistance to memory disorder clinics as

 3  established in s. 430.502.

 4         2.3.  Beginning July 1, 2004, there is annually

 5  distributed $6 million to the Biomedical Research Trust Fund

 6  within the Department of Health, and these funds are annually

 7  appropriated to the James and Esther King Biomedical Research

 8  Program. From these funds, up to $250,000 shall be available

 9  annually for the operating costs of the Florida Center for

10  Universal Research to Eradicate Disease.

11         3.  Beginning July 1, 2005, there is annually

12  distributed $9 million to the Biomedical Research Trust Fund

13  within the Department of Health, and these funds are annually

14  appropriated to the Florida Center for Universal Research to

15  Eradicate Disease to provide grants to researchers seeking

16  cures for cancer, with emphasis given to the goals enumerated

17  in s. 381.921 as those goals inure to the advancement of such

18  cures. From these funds, up to $200,000 shall be available

19  annually for administration of the grant program.

20         4.  Beginning July 1, 2005, there is annually

21  distributed $15 million to the Biomedical Research Trust Fund

22  within the Department of Health, and these funds are annually

23  appropriated to the Florida Center for Universal Research to

24  Eradicate Disease to provide grants to researchers seeking

25  cures for Alzheimer's disease. From these funds, up to

26  $200,000 shall be available annually for administration of the

27  grant program and up to $250,000 shall be available annually

28  for the operating costs of the Florida Center for Universal

29  Research to Eradicate Disease.

30         4.  Beginning July 1, 2004, there is annually

31  distributed $9 million to be paid by warrant drawn by the

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 1  Chief Financial Officer upon the State Treasury to Florida

 2  State University for the School of Chiropractic Medicine.

 3  Notwithstanding the provisions of chapter 216, until the

 4  School of Chiropractic Medicine is completely staffed and

 5  fully operational, these funds may be used for any purpose by

 6  the university.

 7         (b)  The remainder of collection shall be credited to

 8  the General Revenue Fund.

 9         Section 4.  Section 381.855, Florida Statutes, is

10  amended to read:

11         381.855  Florida Center for Universal Research to

12  Eradicate Disease.--

13         (1)  The Legislature finds that an estimated 128

14  million Americans suffer from acute, chronic, and degenerative

15  diseases and that biomedical research is the key to finding

16  cures for these diseases that negatively affect all

17  Floridians. The Legislature further finds that, while there is

18  much research being conducted throughout this state and

19  throughout the world, there is a lack of coordination of

20  efforts among researchers. The Legislature, therefore, finds

21  that there is a significant need for a coordinated effort if

22  the goal of curing disease is to be achieved. Moreover, the

23  Legislature finds that the biomedical technology sector meets

24  the criteria of a high-impact sector, pursuant to s. 288.108,

25  having a high importance to this state's economy with a

26  significant potential for growth and contribution to our

27  universities and quality of life.

28         (2)  It is the intent of the Legislature that Florida

29  strive to become the nation's leader in biomedical research

30  and commit itself to being the state to find cures for the

31  most deadly and widespread diseases. It is further the intent

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 1  of the Legislature that there be a coordinated effort among

 2  the state's public and private universities and the biomedical

 3  industry to discover such cures. Moreover, it is the intent of

 4  the Legislature to expand the state economy by attracting

 5  biomedical researchers and research companies to this state.

 6         (3)  There is established within the Department of

 7  Health the Florida Center for Universal Research to Eradicate

 8  Disease, which shall be known as "CURED."

 9         (a)  The purpose of the center is to coordinate,

10  improve, expand, and monitor all biomedical research programs

11  within the state, provide grants for cancer research and

12  Alzheimer's disease research, facilitate funding

13  opportunities, and foster improved technology transfer of

14  research findings into clinical trials and widespread public

15  use.

16         (b)  The goal of the center is to find cures for

17  diseases such as cancer, heart disease, lung disease,

18  diabetes, autoimmune disorders, and neurological disorders,

19  including Alzheimer's disease, epilepsy, and Parkinson's

20  disease.

21         (c)  The center shall hold an annual biomedical

22  technology summit in Florida to which biomedical researchers,

23  biomedical technology companies, business incubators,

24  pharmaceutical manufacturers, and others around the nation and

25  world are invited to share biomedical research findings in

26  order to expedite the discovery of cures. Summit attendees

27  shall cover the costs of such attendance or obtain sponsorship

28  for such attendance.

29         (d)  The center shall encourage clinical trials in this

30  state on research that holds promise of curing a disease or

31  condition. The center shall facilitate partnerships between

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 1  researchers, treating physicians, and community hospitals for

 2  the purpose of sharing new techniques and new research

 3  findings, as well as coordinating voluntary donations to

 4  ensure an adequate supply of adult stem cells, placentas, or

 5  cord blood.

 6         (e)  The center shall facilitate the formation of

 7  partnerships between researchers in this state and

 8  institutions in other states and countries where research with

 9  rare plants or animals could lead to cures.

10         (f)  The center shall encourage agricultural colleges

11  and agricultural businesses in this state to be active in the

12  search for cures and in providing information to the public

13  about disease prevention.

14         (g)  The center shall facilitate partnerships among

15  researchers working to cure all types of diseases, including

16  those that are prevalent in developed countries and those that

17  occur mainly in developing countries.

18         (h)  The center shall also encourage the discovery and

19  production in Florida of vaccines that prevent disease.

20         (i)  The center shall monitor the supply and demand

21  needs of researchers relating to stem cell research and other

22  types of human tissue research. If the center determines that

23  there is a need for increased donation of human tissue, it

24  shall notify hospitals licensed pursuant to chapter 395 which

25  have entered into partnership agreements with research

26  institutes conducting stem cell research located in the same

27  geographic region as the researchers demanding the stem cells

28  or other tissues. Such hospitals shall implement programs that

29  encourage voluntary donations of cord blood or other needed

30  adult tissue.

31  

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 1         (j)  The center shall be funded through private, state,

 2  and federal sources.

 3         (k)  The center shall serve as a registry of all known

 4  opportunities for biomedical grants and may assist any public

 5  or private biomedical research program in this state in

 6  preparing grant requests.

 7         (l)  The center shall provide grants for cancer

 8  research and Alzheimer's disease research to further the

 9  search for cures for those diseases.

10         (m)(l)  The center shall maintain a website with links

11  to peer-reviewed biomedical research. The website shall also

12  contain a list of all known biomedical research being

13  conducted in Florida and shall facilitate communication among

14  researchers and other interested parties.

15         (n)(m)  The center shall submit an annual report to the

16  Governor, the President of the Senate, and the Speaker of the

17  House of Representatives no later than January 15 which

18  contains recommendations for legislative change necessary to

19  foster a positive climate for biomedical research in this

20  state.

21         (4)  The Department of Health may outsource the duties

22  of the center to a private entity or state university.

23         (5)  There is established within the center an advisory

24  council that shall meet at least annually.

25         (a)  The council shall consist of the members of the

26  board of directors of the Florida Research Consortium and at

27  least one representative from:

28         1.  The Emerging Technology Commission.

29         2.  Enterprise Florida, Inc.

30         3.  BioFlorida.

31         4.  The Biomedical Research Advisory Council.

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 1         5.  The Florida Medical Foundation.

 2         6.  Pharmaceutical Research and Manufacturers of

 3  America.

 4         7.  The Florida Tri-Agency Coalition on Smoking OR

 5  Health.

 6         8.  The Florida Cancer Council.

 7         9.  The American Cancer Society, Florida Division, Inc.

 8         10.  The American Heart Association.

 9         11.  The American Lung Association of Florida.

10         12.  The American Diabetes Association, South Coastal

11  Region.

12         13.  The Alzheimer's Association.

13         14.  The Epilepsy Foundation.

14         15.  The National Parkinson Foundation.

15         16.  The Florida Public Health Foundation, Inc.

16         17.  Scripps Florida or the entity formed in this state

17  by The Scripps Research Institute.

18         18.  The Florida Research Consortium.

19         (b)  Members of the council shall serve without

20  compensation, and each organization represented shall cover

21  all expenses of its representative.

22         (6)(a)  Applications for cancer research funding may be

23  submitted from any university or established research

24  institute in the state. All qualified investigators in the

25  state, regardless of institution affiliation, shall have equal

26  access and opportunity to compete for the research funding.

27  Grants shall be awarded by the Secretary of Health, after

28  consultation with the council, on the basis of scientific

29  merit, as determined by an open, competitive peer review

30  process that ensures objectivity, consistency, and high

31  

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 1  quality. The following types of applications shall be

 2  considered for funding:

 3         1.  Investigator-initiated research grants.

 4         2.  Institutional research grants.

 5         (b)  To ensure that all proposals for research funding

 6  are appropriate and are evaluated fairly on the basis of

 7  scientific merit, the Secretary of Health, in consultation

 8  with the council, shall appoint a peer review panel of

 9  independent, scientifically qualified individuals to review

10  the scientific content of each proposal and establish its

11  scientific priority score. The priority scores shall be

12  forwarded to the council and must be considered in determining

13  which proposals shall be recommended for funding.

14         (c)  The council and the peer review panel shall

15  establish and follow rigorous guidelines for ethical conduct

16  and adhere to a strict policy with regard to conflict of

17  interest. A member of the council or panel may not participate

18  in any discussion or decision with respect to a research

19  proposal by any firm, entity, or agency with which the member

20  is associated as a member of the governing body or as an

21  employee, or with which the member has entered into a

22  contractual arrangement. Meetings of the council and the peer

23  review panels are subject to chapter 119, s. 286.011, and s.

24  24, Art. I of the State Constitution.

25         (7)(a)  Applications for Alzheimer's disease research

26  funding may be submitted from any university or established

27  research institute in the state. All qualified investigators

28  in the state, regardless of institution affiliation, shall

29  have equal access and opportunity to compete for the research

30  funding. Grants shall be awarded by the Secretary of Health,

31  after consultation with the council, on the basis of

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 1  scientific merit, as determined by an open, competitive peer

 2  review process that ensures objectivity, consistency, and high

 3  quality. The following types of applications shall be

 4  considered for funding:

 5         1.  Investigator-initiated research grants.

 6         2.  Institutional research grants.

 7         (b)  To ensure that all proposals for research funding

 8  are appropriate and are evaluated fairly on the basis of

 9  scientific merit, the Secretary of Health, in consultation

10  with the council, shall appoint a peer review panel of

11  independent, scientifically qualified individuals to review

12  the scientific content of each proposal and establish its

13  scientific priority score. The priority scores shall be

14  forwarded to the council and must be considered in determining

15  which proposals shall be recommended for funding.

16         (c)  The council and the peer review panel shall

17  establish and follow rigorous guidelines for ethical conduct

18  and adhere to a strict policy with regard to conflict of

19  interest. A member of the council or panel may not participate

20  in any discussion or decision with respect to a research

21  proposal by any firm, entity, or agency with which the member

22  is associated as a member of the governing body or as an

23  employee, or with which the member has entered into a

24  contractual arrangement. Meetings of the council and the peer

25  review panels are subject to chapter 119, s. 286.011, and s.

26  24, Art. I of the State Constitution.

27         Section 5.  Section 381.921, Florida Statutes, is

28  amended to read:

29         381.921  Florida Cancer Council mission and

30  duties.--The council, which shall work in concert with the

31  Florida Center for Universal Research to Eradicate Disease to

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 1  ensure that the goals of the center are advanced, shall

 2  endeavor to dramatically improve cancer research and treatment

 3  in this state through:

 4         (1)  Efforts to significantly expand cancer research

 5  capacity in the state by:

 6         (a)  Identifying ways to attract new research talent

 7  and attendant national grant-producing researchers to

 8  Florida-based cancer research facilities in this state;

 9         (b)  Implementing a peer-reviewed, competitive process

10  to identify and fund the best proposals to expand cancer

11  research institutes in this state;

12         (c)  Funding through available resources for those

13  proposals that demonstrate the greatest opportunity to attract

14  federal research grants and private financial support;

15         (d)  Encouraging the employment of bioinformatics in

16  order to create a cancer informatics infrastructure that

17  enhances information and resource exchange and integration

18  through researchers working in diverse disciplines, to

19  facilitate the full spectrum of cancer investigations;

20         (e)  Facilitating the technical coordination, business

21  development, and support of intellectual property as it

22  relates to the advancement of cancer research; and

23         (f)  Aiding in other multidisciplinary research-support

24  activities as they inure to the advancement of cancer

25  research.

26         (2)  Efforts to improve both research and treatment

27  through greater participation in clinical trials networks by:

28         (a)  Identifying ways to increase adult enrollment in

29  cancer clinical trials;

30  

31  

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 1         (b)  Supporting public and private professional

 2  education programs designed to increase the awareness and

 3  knowledge about cancer clinical trials;

 4         (c)  Providing tools to cancer patients and

 5  community-based oncologists to aid in the identification of

 6  cancer clinical trials available in the state; and

 7         (d)  Creating opportunities for the state's academic

 8  cancer centers to collaborate with community-based oncologists

 9  in cancer clinical trials networks.

10         (3)  Efforts to reduce the impact of cancer on

11  disparate groups by:

12         (a)  Identifying those cancers that disproportionately

13  impact certain demographic groups; and

14         (b)  Building collaborations designed to reduce health

15  disparities as they relate to cancer.

16         Section 6.  Section 1004.445, Florida Statutes, is

17  amended to read:

18         1004.445  Ronald Reagan Johnnie B. Byrd, Sr.,

19  Alzheimer's Center and Research Institute.--

20         (1)  The Ronald Reagan Johnnie B. Byrd, Sr.,

21  Alzheimer's Center and Research Institute is established at

22  the University of South Florida.

23         (2)(a)  The State Board of Education shall enter into

24  an agreement for the utilization of the facilities on the

25  campus of the University of South Florida to be known as the

26  Ronald Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and

27  Research Institute, including all furnishings, equipment, and

28  other chattels used in the operation of those facilities, with

29  a Florida not-for-profit corporation organized solely for the

30  purpose of governing and operating the Ronald Reagan Johnnie

31  B. Byrd, Sr., Alzheimer's Center and Research Institute. This

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 1  not-for-profit corporation, acting as an instrumentality of

 2  the state, shall govern and operate the Ronald Reagan Johnnie

 3  B. Byrd, Sr., Alzheimer's Center and Research Institute in

 4  accordance with the terms of the agreement between the State

 5  Board of Education and the not-for-profit corporation. The

 6  not-for-profit corporation may, with the prior approval of the

 7  State Board of Education, create either for-profit or

 8  not-for-profit corporate subsidiaries, or both, to fulfill its

 9  mission. The not-for-profit corporation and its subsidiaries

10  are authorized to receive, hold, invest, and administer

11  property and any moneys acquired from private, local, state,

12  and federal sources, as well as technical and professional

13  income generated or derived from practice activities of the

14  institute, for the benefit of the institute and the

15  fulfillment of its mission.

16         (b)1.  The affairs of the not-for-profit corporation

17  shall be managed by a board of directors who shall serve

18  without compensation. The board of directors shall consist of

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

20  of the State Board of Education, or their designees, 5

21  representatives of the state universities, and no fewer than 9

22  nor more than 14 representatives of the public who are neither

23  medical doctors nor state employees. Each director who is a

24  representative of a state university or of the public shall be

25  appointed to serve a term of 3 years. The chair of the board

26  of directors shall be selected by a majority vote of the

27  directors. Each director shall have only one vote.

28         2.  The initial board of directors shall consist of the

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

30  the State Board of Education, or their designees; the five

31  university representatives, of whom one shall be appointed by

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 1  the Governor, two by the President of the Senate, and two by

 2  the Speaker of the House of Representatives; and nine public

 3  representatives, of whom three shall be appointed by the

 4  Governor, three by the President of the Senate, and three by

 5  the Speaker of the House of Representatives. Upon the

 6  expiration of the terms of the initial appointed directors,

 7  all directors subject to 3-year terms of office under this

 8  paragraph shall be appointed by a majority vote of the

 9  directors and the board may be expanded to include additional

10  public representative directors up to the maximum number

11  allowed. Any vacancy in office shall be filled for the

12  remainder of the term by majority vote of the directors. Any

13  director may be reappointed.

14         (3)  The State Board of Education shall provide in the

15  agreement with the not-for-profit corporation for the

16  following:

17         (a)  Approval by the State Board of Education of the

18  articles of incorporation of the not-for-profit corporation.

19         (b)  Approval by the State Board of Education of the

20  articles of incorporation of any not-for-profit corporate

21  subsidiary created by the not-for-profit corporation.

22         (c)  Utilization of lands, facilities, and personnel by

23  the not-for-profit corporation and its subsidiaries for

24  research, education, treatment, prevention, and the early

25  detection of Alzheimer's disease and for mutually approved

26  teaching and research programs conducted by the University of

27  South Florida or other accredited medical schools or research

28  institutes.

29         (d)  Preparation of an annual financial audit pursuant

30  to s. 11.45 of the not-for-profit corporation's accounts and

31  the accounts of any subsidiaries to be conducted by an

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 1  independent certified public accountant. The annual audit

 2  report shall include management letters and shall be submitted

 3  to the Auditor General and the State Board of Education for

 4  review. The State Board of Education, the Auditor General, and

 5  the Office of Program Policy Analysis and Government

 6  Accountability shall have the authority to require and receive

 7  from the not-for-profit corporation and any subsidiaries, or

 8  from their independent auditor, any detail or supplemental

 9  data relative to the operation of the not-for-profit

10  corporation or subsidiary.

11         (e)  Provision by the not-for-profit corporation and

12  its subsidiaries of equal employment opportunities for all

13  persons regardless of race, color, religion, gender, age, or

14  national origin.

15         (4)  The State Board of Education is authorized to

16  secure comprehensive general liability protection, including

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

18  corporation and its subsidiaries, pursuant to s. 1004.24. The

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

20  exempt from any participation in any property insurance trust

21  fund established by law, including any property insurance

22  trust fund established pursuant to chapter 284, so long as the

23  not-for-profit corporation and its subsidiaries maintain

24  property insurance protection with comparable or greater

25  coverage limits.

26         (5)  In the event that the agreement between the

27  not-for-profit corporation and the State Board of Education is

28  terminated for any reason, the State Board of Education shall

29  assume governance and operation of the facilities.

30         (6)  The institute shall be administered by a chief

31  executive officer, who shall be appointed by and serve at the

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 1  pleasure of the board of directors of the not-for-profit

 2  corporation, and who shall exercise the following powers and

 3  duties, subject to the approval of the board of directors:

 4         (a)  The chief executive officer shall establish

 5  programs that fulfill the mission of the institute in

 6  research, education, treatment, prevention, and early

 7  detection of Alzheimer's disease; however, the chief executive

 8  officer may not establish academic programs for which academic

 9  credit is awarded and which culminate in the conferring of a

10  degree, without prior approval of the State Board of

11  Education.

12         (b)  The chief executive officer shall have control

13  over the budget and the moneys appropriated or donated to the

14  institute from private, local, state, and federal sources, as

15  well as technical and professional income generated or derived

16  from practice activities of the institute. However,

17  professional income generated by university faculty from

18  practice activities at the institute shall be shared between

19  the institute and the university as determined by the chief

20  executive officer and the appropriate university dean or vice

21  president.

22         (c)  The chief executive officer shall appoint

23  representatives of the institute to carry out the research,

24  patient care, and educational activities of the institute and

25  establish the compensation, benefits, and terms of service of

26  such representatives. Representatives of the institute shall

27  be eligible to hold concurrent appointments at affiliated

28  academic institutions. University faculty shall be eligible to

29  hold concurrent appointments at the institute.

30  

31  

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 1         (d)  The chief executive officer shall have control

 2  over the use and assignment of space and equipment within the

 3  facilities.

 4         (e)  The chief executive officer shall have the power

 5  to create the administrative structure necessary to carry out

 6  the mission of the institute.

 7         (f)  The chief executive officer shall have a reporting

 8  relationship to the Commissioner of Education.

 9         (g)  The chief executive officer shall provide a copy

10  of the institute's annual report to the Governor and Cabinet,

11  the President of the Senate, the Speaker of the House of

12  Representatives, and the chair of the State Board of

13  Education.

14         (7)  The board of directors of the not-for-profit

15  corporation shall create a council of scientific advisers to

16  the chief executive officer comprised of leading researchers,

17  physicians, and scientists. The council shall review programs

18  and recommend research priorities and initiatives to maximize

19  the state's investment in the institute. The members of the

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

21  not-for-profit corporation. Each member of the council shall

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

23  the council.

24         (8)  In carrying out the provisions of this section,

25  the not-for-profit corporation and its subsidiaries are not

26  agencies within the meaning of s. 20.03(11).

27         (9)  The following information is confidential and

28  exempt from the provisions of s. 119.07(1) and s. 24, Art. I

29  of the State Constitution:

30         (a)  Personal identifying information relating to

31  clients of programs created or funded through the Ronald

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 1  Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and Research

 2  Institute which is held by the institute, University of South

 3  Florida, or State Board of Education or by persons who provide

 4  services to clients of programs created or funded through

 5  contracts with the Ronald Reagan Johnnie B. Byrd, Sr.,

 6  Alzheimer's Center and Research Institute;

 7         (b)  Any medical or health records relating to patients

 8  which may be created or received by the institute;

 9         (c)  Materials that relate to methods of manufacture or

10  production, potential trade secrets, potentially patentable

11  material, actual trade secrets as defined in s. 688.002, or

12  proprietary information received, generated, ascertained, or

13  discovered during the course of research conducted by or

14  through the institute and business transactions resulting from

15  such research;

16         (d)  The identity of a donor or prospective donor to

17  the Ronald Reagan Johnnie B. Byrd, Sr., Alzheimer's Center and

18  Research Institute who wishes to remain anonymous, and all

19  information identifying such donor or prospective donor;

20         (e)  Any information received by the institute in the

21  performance of its duties and responsibilities which is

22  otherwise confidential and exempt by law; and

23         (f)  Any information received by the institute from a

24  person from another state or nation or the Federal Government

25  which is otherwise confidential or exempt pursuant to that

26  state's or nation's laws or pursuant to federal law.

27  

28  Any governmental entity that demonstrates a need to access

29  such confidential and exempt information in order to perform

30  its duties and responsibilities shall have access to such

31  information and shall otherwise keep such information

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 1  confidential and exempt. This section is subject to the Open

 2  Government Sunset Review Act of 1995 in accordance with s.

 3  119.15 and shall stand repealed on October 2, 2006, unless

 4  reviewed and saved from repeal through reenactment by the

 5  Legislature.

 6         (10)  Any appropriation to the institute provided in a

 7  general appropriations act shall be paid directly to the board

 8  of directors of the not-for-profit corporation by warrant

 9  drawn by the Chief Financial Officer from the State Treasury.

10         Section 7.  This act shall take effect July 1, 2005.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          CS for SB 1872

14                                 

15  
      -  Increases the purpose of the Biomedical Research Trust
16       Fund to include the Florida Center for Universal Research
         to Eradicate Disease.
17  
      -  Appropriates funds to the Biomedical Research Trust Fund
18       within the Department of Health.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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