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A bill to be entitled

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An act relating to public health; amending s. 381.006,

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F.S.; limiting application of the environmental health

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program of the Department of Health to state institutions

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for the mentally ill rather than all institutions used for

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the incarceration of prisoners and inmates; amending s.

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381.86, F.S.; revising responsibilities of the

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Institutional Review Board; amending s. 381.98, F.S.;

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changing the name of the Florida Public Health Foundation,

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Inc., to the Florida Public Health Institute, Inc.;

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providing that the purpose of the institute is to advance

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the knowledge and practice of public health, including

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promoting health awareness in this state; providing for

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the objectives of the institute; requiring that the

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institute be established as a not-for-profit entity

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qualifying under s. 501(c)(3) of the Internal Revenue

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Code; providing for the duties of the institute; providing

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that affairs of the institute be managed by an executive

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director appointed by a board of directors; providing for

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membership on the board of directors; requiring the

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institute to present an annual report concerning its

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activities and finances to the Governor, the President of

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the Senate, and the Speaker of the House of

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Representatives; repealing s. 381.85, F.S., the Florida

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Biomedical and Social Research Act; repealing s. 381.895,

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F.S., relating to standards for compressed air used for

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recreational diving; providing an effective date.

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

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     Section 1.  Subsection (6) of section 381.006, Florida

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Statutes, is amended to read:

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     381.006  Environmental health.--The department shall conduct

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an environmental health program as part of fulfilling the state's

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public health mission. The purpose of this program is to detect

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and prevent disease caused by natural and manmade factors in the

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environment. The environmental health program shall include, but

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not be limited to:

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     (6)  A public facilities function, including sanitary

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practices relating to state, county, municipal, and private

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institutions serving the public; jointly with the Department of

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Education, publicly and privately owned schools; all places used

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for the incarceration of prisoners and inmates of state

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institutions for the mentally ill; toilets and washrooms in all

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public places and places of employment; any other condition,

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place, or establishment necessary for the control of disease or

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the protection and safety of public health.

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The department may adopt rules to carry out the provisions of

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this section.

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     Section 2.  Subsection (1) of section 381.86, Florida

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Statutes, is amended to read:

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     381.86  Institutional Review Board.--

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     (1)  The Institutional Review Board is created within the

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Department of Health in order to satisfy federal requirements

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under 45 C.F.R. part 46 and 21 C.F.R. parts 50 and 56 that an

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institutional review board review all biomedical and behavioral

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research on human subjects which is funded or supported in any

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manner by the department.

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     Section 3.  Section 381.98, Florida Statutes, is amended to

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read:

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     381.98 The Florida Public Health Institute Foundation,

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Inc.; establishment; purpose; mission; duties; board of

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directors.--

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     (1) The Florida Public Health Institute Foundation, Inc.,

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referred to in this section as "the corporation," is established

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for the purpose of advancing the knowledge and practice of public

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health, including disseminating breakthrough findings in

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biomedical research and promoting health awareness in this state

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and providing services to the Department of Health.

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     (2) The corporation's mission includes disseminating

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information about innovative biomedical research and clinical

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trials in this state as well as making Floridians and their

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treatment providers aware of specified diseases and conditions

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and available methods of preventing, diagnosing, treating, and

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curing those diseases and conditions.

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     (2)(3) The purpose and objective of the corporation is

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shall be to operate exclusively for charitable, scientific, and

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educational purposes; to protect and improve the health and well-

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being of Florida's people and environment through partnerships

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committed to program innovation, education, applied research, and

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policy development; and to engage in charitable programs

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dedicated to improving the health of Floridians.

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     (3)(4) The corporation shall be established as a not-for-

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profit entity qualifying under s. 501(c)(3) of the Internal

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Revenue Code. The corporation may receive, hold, invest, and

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administer property and any moneys acquired from private, local,

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state, and federal sources, as well as technical and professional

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income generated or derived from the mission-related activities

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of the corporation. The corporation shall have all of the powers

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conferred upon corporations organized under chapter 617.

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     (4)(5) The corporation's duties include procuring funds

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necessary for accomplishing the purpose and mission of the

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corporation. The corporation shall strive to complement,

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supplement, and enhance the missions of the various

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organizations, entities, and departments represented on its board

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by serving as the lead corporation in the state for promoting

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public health awareness.

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     (5)(6) The affairs of the corporation shall be managed by

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an executive director appointed by a board of directors.

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consisting of:

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     (6) The board of directors shall be elected in accordance

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with the bylaws of the corporation and must include, but need not

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be limited to:

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     (a)  The State Surgeon General or his or her designee.

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     (b) A representative of the Florida Public Health

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Association former member of the Senate appointed by the

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President of the Senate.

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     (c) Representatives of local health departments, with at

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least one representative from the southern, central, and northern

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areas of the state A former member of the House of

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Representatives appointed by the Speaker of the House of

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Representatives.

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     (d) Representatives from institutions of higher learning A

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representative of the American Heart Association.

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     (e) Representatives from the private health care, business,

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or foundation community A representative of the American Cancer

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Society, Florida Division, Inc.

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     (f) A representative of the American Lung Association of

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Florida.

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     (g) A representative of the American Diabetes Association,

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South Coastal Region.

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     (h) A representative of the Alzheimer's Association.

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     (i) A representative of the Epilepsy Foundation.

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     (j) A representative of the National Parkinson Foundation.

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     (k) A representative of the March of Dimes, Florida

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Chapter.

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     (l) A representative of the Arthritis Foundation, Florida

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Chapter.

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     (m) A representative of the American Liver Foundation.

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     (n) A representative of the Florida Council for Behavioral

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Healthcare, Inc.

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     (o) A representative of the Florida Alcohol and Drug Abuse

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Association.

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     (p) A representative of Pharmaceutical Research and

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Manufacturers of America.

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     (q) A representative of the Florida Public Health

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Association.

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     (r) A representative of the Florida Association of County

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Health Officers.

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     (s) A public health academician selected by the State

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Health Officer.

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     (t) A representative of the Florida Academy of Family

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Physicians.

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     (u) Three consumers who have demonstrated an interest in

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protecting the public health appointed by the Florida Public

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Health Association.

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     (v) A representative of the Florida Association of Health

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Plans.

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     (7) The majority of board members must be nonstate

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employees.

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     (7) Members of the board of directors shall serve for 2-

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year terms and shall serve without compensation. Each

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organization represented on the board of directors shall cover

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the expenses of its representative.

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     (8) The corporation, in consultation with the Department of

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Health and the Florida Center for Universal Research to Eradicate

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Disease, shall facilitate communication between biomedical

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researchers and health care providers each month according to the

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health awareness schedule established by the Florida Public

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Health Foundation, Inc., in order to ensure ongoing dialogue

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between researchers, treatment providers, and the department.

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     (8)(9) The corporation and the Department of Health shall

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enter into partnerships with providers of continuing education

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for health care practitioners, including, but not limited to,

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hospitals and state and local medical organizations, to ensure

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that practitioners are aware of the most recent and complete

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diagnostic and treatment tools.

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     (9)(10) The corporation may provide personnel to the

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Department of Health for the purpose of performing duties and

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responsibilities outlined in private and public grants received

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by the Department of Health. These personnel are not state

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employees and are not entitled to retirement credit and other

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benefits provided to state employees under chapters 110 and 112.

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These personnel shall perform services under pursuant to an

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agreement between the corporation and the Department of Health.

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     (10)(11) The corporation may purchase goods, services, and

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property for use by the Department of Health. These purchases are

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not subject to the provisions of chapters 253, 255, and 287, nor

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to the control or direction of the Department of Environmental

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Protection or the Department of Management Services.

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     (11)(12) The corporation shall provide an annual report

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concerning its activities and finances to the Florida Center for

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Universal Research to Eradicate Disease and shall provide copies

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of the annual report to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives.

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     Section 4. Sections 381.85 and 381.895, Florida Statutes,

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are repealed.

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     Section 5.  This act shall take effect July 1, 2008.