| 1 | A bill to be entitled |
| 2 | An act relating to the Johnnie B. Byrd, Sr., Alzheimer's |
| 3 | Center and Research Institute; amending s. 1004.445, F.S.; |
| 4 | establishing the institute within the University of South |
| 5 | Florida; providing a statewide mission; directing |
| 6 | collaboration with public and private universities and |
| 7 | entities; providing for a budget; directing the use of |
| 8 | state funds directly appropriated to the institute; |
| 9 | prohibiting the use of certain state funds by the |
| 10 | institute for conducting biomedical research; encouraging |
| 11 | the institute to seek competitive state funding for |
| 12 | biomedical research through the James and Esther King |
| 13 | Biomedical Research Program; providing for administration |
| 14 | of the institute by a director of operations; providing |
| 15 | duties of the director of operations; requiring an annual |
| 16 | report; establishing an advisory council and providing |
| 17 | duties, term limits, and manner of appointment; preserving |
| 18 | an existing public records exemption; providing a |
| 19 | recurring appropriation from the General Revenue Fund; |
| 20 | providing for future repeal; dissolving and abolishing |
| 21 | certain entities by a time certain; prohibiting the |
| 22 | institute and the current board of directors, chief |
| 23 | executive officer, and subsidiaries from entering into |
| 24 | certain contractual agreements; providing an exception; |
| 25 | requiring a final independent audit of assets; requiring a |
| 26 | copy of the audit to be provided to the Legislature, the |
| 27 | president of the university, and the chair of the Board of |
| 28 | Governors; transferring unexpended balances, records, |
| 29 | functions, and assets of the institute to the University |
| 30 | of South Florida; requiring statutory certification; |
| 31 | requiring legislative review during the 2012 Regular |
| 32 | Session of the Legislature; providing effective dates. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Effective October 1, 2008, section 1004.445, |
| 37 | Florida Statutes, is amended to read: |
| 38 | (Substantial rewording of section. See |
| 39 | s. 1004.445, F.S., for present text.) |
| 40 | 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 41 | Research Institute.-- |
| 42 | (1) The Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 43 | Research Institute is established within the University of South |
| 44 | Florida. |
| 45 | (a) The institute shall have a statewide mission to |
| 46 | advance research, education, treatment, prevention, and early |
| 47 | detection of Alzheimer's disease. |
| 48 | (b) The institute shall collaborate with public and |
| 49 | private universities and other appropriate entities within the |
| 50 | state, and may collaborate with appropriate entities outside the |
| 51 | state, on programs directly contributing to the mission and |
| 52 | goals of the institute. |
| 53 | (2) The institute's budget shall include the moneys |
| 54 | appropriated or donated to the institute from state, local, |
| 55 | federal, and private sources as well as technical and |
| 56 | professional income generated or derived from practice |
| 57 | activities at the institute. |
| 58 | (a) State funds directly appropriated to the institute |
| 59 | shall be used for: |
| 60 | 1. Programs that fulfill the mission of the institute in |
| 61 | education, treatment, prevention, and early detection of |
| 62 | Alzheimer's disease. |
| 63 | 2. Developing and operating integrated data projects. |
| 64 | 3. Providing assistance to statutorily designated memory |
| 65 | disorder clinics. |
| 66 | 4. Administration, research support, and physical plant |
| 67 | operations of the institute's facility on the campus of the |
| 68 | University of South Florida. |
| 69 | (b) The institute shall not conduct biomedical research |
| 70 | using funds appropriated directly to the institute by the state. |
| 71 | However, the institute is encouraged to seek competitive state |
| 72 | funding for biomedical research through the James and Esther |
| 73 | King Biomedical Research Program pursuant to s. 215.5602. |
| 74 | (3) The institute shall be administered by a director of |
| 75 | operations, who shall be appointed by and serve at the pleasure |
| 76 | of the President of the University of South Florida or his or |
| 77 | her designee. The director of operations shall: |
| 78 | (a) Appoint faculty and staff to carry out the research, |
| 79 | patient care, and educational activities of the institute |
| 80 | consistent with the compensation, benefits, and terms of service |
| 81 | of the university. |
| 82 | (b) Actively seek federal and private sources of grant |
| 83 | money and donations for the purpose of funding and conducting |
| 84 | Alzheimer's disease research at the institute. |
| 85 | (c) Prepare an annual report for the institute that |
| 86 | describes the expenditure of all of the institute's funds and |
| 87 | provide information regarding research that has been conducted |
| 88 | or funded by the institute, including the expected and actual |
| 89 | results of the research. The director of operations shall |
| 90 | provide a copy of the institute's annual report to the Governor, |
| 91 | the President of the Senate, the Speaker of the House of |
| 92 | Representatives, the chair of the Board of Governors, and the |
| 93 | chair of the Board of Trustees of the University of South |
| 94 | Florida. |
| 95 | (4) The Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 96 | Research Institute Advisory Council is established to advise the |
| 97 | institute and the director of operations on research topics of |
| 98 | highest importance and greatest opportunity for the state and to |
| 99 | advise the institute on effective ways to collaborate across |
| 100 | institutions and entities to achieve the mission and goals of |
| 101 | the institute. |
| 102 | (a) The advisory council shall consist of ten members who |
| 103 | shall each serve a 4-year term at the pleasure of the member's |
| 104 | appointing authority. |
| 105 | (b) The Governor, the President of the Senate, and the |
| 106 | Speaker of the House of Representatives shall each appoint to |
| 107 | the advisory council: |
| 108 | 1. One researcher with significant experience in |
| 109 | Alzheimer's disease research. |
| 110 | 2. One licensed physician with significant experience in |
| 111 | treating patients diagnosed with memory disorders. |
| 112 | 3. One representative of a not-for-profit organization the |
| 113 | mission of which is to assist persons affected by Alzheimer's |
| 114 | disease or similar memory disorders. |
| 115 | (c) The chair of the Board of Trustees of the University |
| 116 | of South Florida shall appoint one person who is not an employee |
| 117 | of the university to serve as chair of the advisory council. |
| 118 | (d) For purposes of staggering the initial terms of |
| 119 | advisory council members, the Governor, the President of the |
| 120 | Senate, and the Speaker of the House of Representatives shall |
| 121 | each designate one appointee to serve a 2-year term, one |
| 122 | appointee to serve a 3-year term, and one appointee to serve a |
| 123 | 4-year term. |
| 124 | (5) The following information is confidential and exempt |
| 125 | from s. 119.07(1) and s. 24, Art. I of the State Constitution: |
| 126 | (a) Personal identifying information relating to clients |
| 127 | of programs created by or funded through the Johnnie B. Byrd, |
| 128 | Sr., Alzheimer's Center and Research Institute that is held by |
| 129 | the institute, the University of South Florida, the Board of |
| 130 | Governors, or the State Board of Education. |
| 131 | (b) Patient medical or health records held by the |
| 132 | institute. |
| 133 | (c) Materials that relate to methods of manufacture or |
| 134 | production, potential trade secrets, potentially patentable |
| 135 | material, actual trade secrets as defined in s. 688.002, or |
| 136 | proprietary information received, generated, ascertained, or |
| 137 | discovered during the course of research conducted by the |
| 138 | institute and business transactions resulting from such |
| 139 | research. |
| 140 | (d) Personal identifying information of a donor or |
| 141 | prospective donor to the institute who wishes to remain |
| 142 | anonymous. |
| 143 | (e) Any information received by the institute from a |
| 144 | person from another state or nation or from the Federal |
| 145 | Government that is otherwise confidential and exempt under the |
| 146 | laws of that state or nation or under federal law. |
| 147 | |
| 148 | Any governmental entity that demonstrates a need to access such |
| 149 | confidential and exempt information in order to perform its |
| 150 | duties and responsibilities shall have access to such |
| 151 | information. |
| 152 | (6) Beginning in fiscal year 2008-2009, the sum of $3.75 |
| 153 | million is appropriated annually from recurring funds in the |
| 154 | General Revenue Fund to the Board of Trustees of the University |
| 155 | of South Florida for the purposes described in this section. |
| 156 | (7) This section expires January 1, 2013, unless reenacted |
| 157 | by the Legislature on or before that date. |
| 158 | Section 2. Effective October 1, 2008, the Johnnie B. Byrd, |
| 159 | Sr., Alzheimer's Center and Research Institute is established |
| 160 | within the University of South Florida as provided in section 1 |
| 161 | of this act, and all entities created pursuant to s. 1004.445, |
| 162 | Florida Statutes, prior to that date, including a board of |
| 163 | directors and any for-profit and not-for-profit corporate |
| 164 | subsidiaries, are hereby dissolved and abolished. |
| 165 | Section 3. The Johnnie B. Byrd, Sr., Alzheimer's Center |
| 166 | and Research Institute, the board of directors, the chief |
| 167 | executive officer, and any for-profit and not-for-profit |
| 168 | corporate subsidiaries shall cease and desist entering into any |
| 169 | contractual agreements for or on behalf of the institute or any |
| 170 | of its for-profit or not-for-profit corporate subsidiaries |
| 171 | unless such agreement has been approved by the Board of Trustees |
| 172 | of the University of South Florida. The institute shall make |
| 173 | available to the Board of Trustees of the University of South |
| 174 | Florida, or its designee, any and all current or outstanding |
| 175 | contractual agreements between any third party and the |
| 176 | institute, the board of directors, the chief executive officer, |
| 177 | and any for-profit or not-for-profit corporate subsidiaries. |
| 178 | Section 4. No later than June 1, 2008, the board of |
| 179 | directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 180 | Research Institute and the Board of Trustees of the University |
| 181 | of South Florida shall jointly contract, using unexpended |
| 182 | balances of the institute, with an independent auditor for a |
| 183 | final independent audit of assets and an enumeration of all |
| 184 | contracts and liabilities, with all moneys and funds for payment |
| 185 | of same, of the not-for-profit corporation created pursuant to |
| 186 | s. 1004.445, Florida Statutes. No later than September 1, 2008, |
| 187 | the final audit shall be completed and provided to the President |
| 188 | of the University of South Florida and the chair of the Board of |
| 189 | Governors to assist in the transfer of the institute to the |
| 190 | University of South Florida. The institute shall also provide a |
| 191 | copy of such documents to the President of the Senate and the |
| 192 | Speaker of the House of Representatives. |
| 193 | Section 5. On or before October 1, 2008, the board of |
| 194 | directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 195 | Research Institute shall transfer all unexpended balances, |
| 196 | records, functions, and assets of the institute, including, but |
| 197 | not limited to, the facility owned or operated by the not-for- |
| 198 | profit corporation created pursuant to s. 1004.445, Florida |
| 199 | Statutes, to the University of South Florida. |
| 200 | Section 6. By June 1, 2011, the Division of Statutory |
| 201 | Revision of the Office of Legislative Services shall certify to |
| 202 | the President of the Senate and the Speaker of the House of |
| 203 | Representatives the language and statutory citation of s. |
| 204 | 1004.445, Florida Statutes, as amended by this act, which is |
| 205 | scheduled to expire January 1, 2013. The Legislature shall |
| 206 | review during the 2012 Regular Session of the Legislature the |
| 207 | performance, outcomes, and financial management of the Johnnie |
| 208 | B. Byrd, Sr., Alzheimer's Center and Research Institute to |
| 209 | determine the most appropriate method of funding the institute |
| 210 | beyond June 30, 2012. |
| 211 | Section 7. Except as otherwise expressly provided in this |
| 212 | act, this act shall take effect upon becoming a law. |