HB 5089

1
A bill to be entitled
2An act relating to the Johnnie B. Byrd, Sr., Alzheimer's
3Center and Research Institute; amending s. 1004.445, F.S.;
4establishing the institute within the University of South
5Florida; providing a statewide mission; directing
6collaboration with public and private universities and
7entities; providing for a budget; directing the use of
8state funds directly appropriated to the institute;
9prohibiting the use of certain state funds by the
10institute for conducting biomedical research; encouraging
11the institute to seek competitive state funding for
12biomedical research through the James and Esther King
13Biomedical Research Program; providing for administration
14of the institute by a director of operations; providing
15duties of the director of operations; requiring an annual
16report; establishing an advisory council and providing
17duties, term limits, and manner of appointment; preserving
18an existing public records exemption; providing a
19recurring appropriation from the General Revenue Fund;
20providing for future repeal; dissolving and abolishing
21certain entities by a time certain; prohibiting the
22institute and the current board of directors, chief
23executive officer, and subsidiaries from entering into
24certain contractual agreements; providing an exception;
25requiring a final independent audit of assets; requiring a
26copy of the audit to be provided to the Legislature, the
27president of the university, and the chair of the Board of
28Governors; transferring unexpended balances, records,
29functions, and assets of the institute to the University
30of South Florida; requiring statutory certification;
31requiring legislative review during the 2012 Regular
32Session of the Legislature; providing effective dates.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Effective October 1, 2008, section 1004.445,
37Florida Statutes, is amended to read:
38(Substantial rewording of section. See
39s. 1004.445, F.S., for present text.)
40     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
41Research Institute.--
42     (1)  The Johnnie B. Byrd, Sr., Alzheimer's Center and
43Research Institute is established within the University of South
44Florida.
45     (a)  The institute shall have a statewide mission to
46advance research, education, treatment, prevention, and early
47detection of Alzheimer's disease.
48     (b)  The institute shall collaborate with public and
49private universities and other appropriate entities within the
50state, and may collaborate with appropriate entities outside the
51state, on programs directly contributing to the mission and
52goals of the institute.
53     (2)  The institute's budget shall include the moneys
54appropriated or donated to the institute from state, local,
55federal, and private sources as well as technical and
56professional income generated or derived from practice
57activities at the institute.
58     (a)  State funds directly appropriated to the institute
59shall be used for:
60     1.  Programs that fulfill the mission of the institute in
61education, treatment, prevention, and early detection of
62Alzheimer's disease.
63     2.  Developing and operating integrated data projects.
64     3.  Providing assistance to statutorily designated memory
65disorder clinics.
66     4.  Administration, research support, and physical plant
67operations of the institute's facility on the campus of the
68University of South Florida.
69     (b)  The institute shall not conduct biomedical research
70using funds appropriated directly to the institute by the state.
71However, the institute is encouraged to seek competitive state
72funding for biomedical research through the James and Esther
73King Biomedical Research Program pursuant to s. 215.5602.
74     (3)  The institute shall be administered by a director of
75operations, who shall be appointed by and serve at the pleasure
76of the President of the University of South Florida or his or
77her designee. The director of operations shall:
78     (a)  Appoint faculty and staff to carry out the research,
79patient care, and educational activities of the institute
80consistent with the compensation, benefits, and terms of service
81of the university.
82     (b)  Actively seek federal and private sources of grant
83money and donations for the purpose of funding and conducting
84Alzheimer's disease research at the institute.
85     (c)  Prepare an annual report for the institute that
86describes the expenditure of all of the institute's funds and
87provide information regarding research that has been conducted
88or funded by the institute, including the expected and actual
89results of the research. The director of operations shall
90provide a copy of the institute's annual report to the Governor,
91the President of the Senate, the Speaker of the House of
92Representatives, the chair of the Board of Governors, and the
93chair of the Board of Trustees of the University of South
94Florida.
95     (4)  The Johnnie B. Byrd, Sr., Alzheimer's Center and
96Research Institute Advisory Council is established to advise the
97institute and the director of operations on research topics of
98highest importance and greatest opportunity for the state and to
99advise the institute on effective ways to collaborate across
100institutions and entities to achieve the mission and goals of
101the institute.
102     (a)  The advisory council shall consist of ten members who
103shall each serve a 4-year term at the pleasure of the member's
104appointing authority.
105     (b)  The Governor, the President of the Senate, and the
106Speaker of the House of Representatives shall each appoint to
107the advisory council:
108     1.  One researcher with significant experience in
109Alzheimer's disease research.
110     2.  One licensed physician with significant experience in
111treating patients diagnosed with memory disorders.
112     3.  One representative of a not-for-profit organization the
113mission of which is to assist persons affected by Alzheimer's
114disease or similar memory disorders.
115     (c)  The chair of the Board of Trustees of the University
116of South Florida shall appoint one person who is not an employee
117of the university to serve as chair of the advisory council.
118     (d)  For purposes of staggering the initial terms of
119advisory council members, the Governor, the President of the
120Senate, and the Speaker of the House of Representatives shall
121each designate one appointee to serve a 2-year term, one
122appointee to serve a 3-year term, and one appointee to serve a
1234-year term.
124     (5)  The following information is confidential and exempt
125from s. 119.07(1) and s. 24, Art. I of the State Constitution:
126     (a)  Personal identifying information relating to clients
127of programs created by or funded through the Johnnie B. Byrd,
128Sr., Alzheimer's Center and Research Institute that is held by
129the institute, the University of South Florida, the Board of
130Governors, or the State Board of Education.
131     (b)  Patient medical or health records held by the
132institute.
133     (c)  Materials that relate to methods of manufacture or
134production, potential trade secrets, potentially patentable
135material, actual trade secrets as defined in s. 688.002, or
136proprietary information received, generated, ascertained, or
137discovered during the course of research conducted by the
138institute and business transactions resulting from such
139research.
140     (d)  Personal identifying information of a donor or
141prospective donor to the institute who wishes to remain
142anonymous.
143     (e)  Any information received by the institute from a
144person from another state or nation or from the Federal
145Government that is otherwise confidential and exempt under the
146laws of that state or nation or under federal law.
147
148Any governmental entity that demonstrates a need to access such
149confidential and exempt information in order to perform its
150duties and responsibilities shall have access to such
151information.
152     (6)  Beginning in fiscal year 2008-2009, the sum of $3.75
153million is appropriated annually from recurring funds in the
154General Revenue Fund to the Board of Trustees of the University
155of South Florida for the purposes described in this section.
156     (7)  This section expires January 1, 2013, unless reenacted
157by the Legislature on or before that date.
158     Section 2.  Effective October 1, 2008, the Johnnie B. Byrd,
159Sr., Alzheimer's Center and Research Institute is established
160within the University of South Florida as provided in section 1
161of this act, and all entities created pursuant to s. 1004.445,
162Florida Statutes, prior to that date, including a board of
163directors and any for-profit and not-for-profit corporate
164subsidiaries, are hereby dissolved and abolished.
165     Section 3.  The Johnnie B. Byrd, Sr., Alzheimer's Center
166and Research Institute, the board of directors, the chief
167executive officer, and any for-profit and not-for-profit
168corporate subsidiaries shall cease and desist entering into any
169contractual agreements for or on behalf of the institute or any
170of its for-profit or not-for-profit corporate subsidiaries
171unless such agreement has been approved by the Board of Trustees
172of the University of South Florida. The institute shall make
173available to the Board of Trustees of the University of South
174Florida, or its designee, any and all current or outstanding
175contractual agreements between any third party and the
176institute, the board of directors, the chief executive officer,
177and any for-profit or not-for-profit corporate subsidiaries.
178     Section 4.  No later than June 1, 2008, the board of
179directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
180Research Institute and the Board of Trustees of the University
181of South Florida shall jointly contract, using unexpended
182balances of the institute, with an independent auditor for a
183final independent audit of assets and an enumeration of all
184contracts and liabilities, with all moneys and funds for payment
185of same, of the not-for-profit corporation created pursuant to
186s. 1004.445, Florida Statutes. No later than September 1, 2008,
187the final audit shall be completed and provided to the President
188of the University of South Florida and the chair of the Board of
189Governors to assist in the transfer of the institute to the
190University of South Florida. The institute shall also provide a
191copy of such documents to the President of the Senate and the
192Speaker of the House of Representatives.
193     Section 5.  On or before October 1, 2008, the board of
194directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
195Research Institute shall transfer all unexpended balances,
196records, functions, and assets of the institute, including, but
197not limited to, the facility owned or operated by the not-for-
198profit corporation created pursuant to s. 1004.445, Florida
199Statutes, to the University of South Florida.
200     Section 6.  By June 1, 2011, the Division of Statutory
201Revision of the Office of Legislative Services shall certify to
202the President of the Senate and the Speaker of the House of
203Representatives the language and statutory citation of s.
2041004.445, Florida Statutes, as amended by this act, which is
205scheduled to expire January 1, 2013. The Legislature shall
206review during the 2012 Regular Session of the Legislature the
207performance, outcomes, and financial management of the Johnnie
208B. Byrd, Sr., Alzheimer's Center and Research Institute to
209determine the most appropriate method of funding the institute
210beyond June 30, 2012.
211     Section 7.  Except as otherwise expressly provided in this
212act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.