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Senators Joyner and Crist moved the following amendment to

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amendment (202094):

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     Senate Amendment (with title amendment)

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     Delete line(s) 72

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and insert:

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     Section 2.  Section 1004.445, Florida Statutes, is amended

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to read:

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     (Substantial rewording of section. See

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     s. 1004.445, F.S., for present text.)

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     1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and

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Research Institute.--

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     (1) The Johnnie B. Byrd, Sr., Alzheimer's Center and

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Research Institute is established within the University of South

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Florida. The center shall work in collaboration with other state

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universities on programs directly relating to research,

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education, treatment, prevention, and early detection of

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Alzheimer's disease.

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     (2) The center shall be administered by a director of

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operations, who shall be appointed by and serve at the pleasure

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of the president of the University of South Florida.

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     (3) A research advisory board is created, to be comprised

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of seven members, of leading researchers, physicians, and

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scientists. The members of the board shall be appointed as

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follows: two members appointed by the Governor, one member

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appointed by the President of the Senate, one member appointed by

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the Speaker of the House of Representatives, and three members

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appointed by the president of the University of South Florida.

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Each member must have significant scientific research experience

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in order to be appointed. Each member of the board shall be

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

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board. The board shall review programs and recommend research

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priorities and initiatives to maximize the state's investment in

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the center.

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     (4) The center's research activities shall be administered

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by the director of research. The director of research shall be

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appointed by the president of the University of South Florida

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from a list of recommended candidates submitted by the research

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advisory board.

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     (5) The center may fund applications for Alzheimer's

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disease research submitted from any university or established

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research institute in the state. All qualified investigators in

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the state, regardless of institutional affiliation, shall have

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equal access and opportunity to compete for the research funding

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awarded by the center in support of its mission. Grants shall be

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awarded by the center on the basis of scientific merit, as

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determined by an open, competitive peer review process that

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ensures objectivity, consistency, and high quality.

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     (6) The center may not expend more than 20 percent of the

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funds appropriated for administrative purposes.

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     (7) The University of South Florida shall establish a

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separate account within the university's foundation for

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charitable donations received for the center's purposes as

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described in this section.

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     (8) With the exception of charitable donations for the

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center deposited into the separate account within the University

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of South Florida's foundation, the University of South Florida

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shall establish and maintain separate accounts for all other

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funds appropriated to, dedicated for, or generated by the center.

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     (9) The center shall provide an annual report to the

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

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the House of Representatives, and the chair of the Board of

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Governors. The annual report shall describe the expenditure of

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all funds and shall provide information regarding research that

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has been conducted or funded by the center, as well as the

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expected and actual results of such research.

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     (10) The following information is confidential and exempt

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from s. 119.07(1) and s. 24, Art. I of the State Constitution:

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     (a) Personal identifying information relating to clients of

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programs created or funded through the Johnnie B. Byrd, Sr.,

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Alzheimer's Center and Research Institute that is held by the

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center, the University of South Florida, the Board of Governors,

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or the State Board of Education;

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     (b) Medical or health records relating to patients held by

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the center;

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     (c) Materials that relate to methods of manufacture or

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production, potential trade secrets, potentially patentable

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

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proprietary information received, generated, ascertained, or

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discovered during the course of research conducted by or through

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the center and business transactions resulting from such

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research;

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     (d) The personal identifying information of a donor or

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prospective donor to the center who wishes to remain anonymous;

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and

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     (e) Any information received by the center from a person

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from another state or nation or the Federal Government that is

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otherwise confidential and exempt pursuant to the laws of that

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state or nation or pursuant to federal law.

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Any governmental entity that demonstrates a need to access such

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confidential and exempt information in order to perform its

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duties and responsibilities shall have access to such

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information.

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     (11) By June 1, 2011, the Division of Statutory Revision of

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the Office of Legislative Services shall certify to the President

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of the Senate and the Speaker of the House of Representatives the

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language and statutory citation of this section, which is

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scheduled to expire January 1, 2013.

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     (12) The Legislature shall review the performance, the

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outcomes, and financial management of the Johnnie B. Byrd, Sr.,

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Alzheimer's Center and Research Institute during the 2010 Regular

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Session of the Legislature and shall determine the most

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appropriate funding source and means of funding the center based

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on its review.

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     (13) This section expires January 1, 2013, unless reviewed

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and reenacted by the Legislature before that date.

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     Section 3. No later than June 1, 2008, the board of

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directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and

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Research Institute shall provide a final audit of assets of the

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not-for-profit corporation as described in s. 1004.445, Florida

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Statutes, to the President of the University of South Florida and

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the chair of the Board of Governors to assist in the transfer of

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the institute to the University of South Florida. This section

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shall take effect upon becoming a law.

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     Section 4. The board of directors of the Johnnie B. Byrd,

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Sr., Alzheimer's Center and Research Institute shall transfer all

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assets and functions of the institute to the University of South

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Florida by July 1, 2008. Charitable donations shall be deposited

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into the account established pursuant to s. 1004.445(7). All

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other funds shall be deposited into appropriate accounts

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established pursuant to s. 1004.445(8).

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     Section 5. All contracts held by the not-for-profit

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corporation and any for-profit or not-for-profit corporate

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subsidiaries as described in s. 1004.445, Florida Statutes, shall

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be transferred to the University of South Florida by July 1,

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2008.

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     Section 6. The board of directors of the Johnnie B. Byrd,

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Sr., Alzheimer's Center and Research Institute and the not-for-

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profit corporation as described in s. 1004.445, Florida Statutes,

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are dissolved effective July 1, 2008.

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     Section 7.  Except as otherwise expressly provided in this

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act and except for this section, which shall take effect upon

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becoming a law, this act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 79-89

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and insert:

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An act relating to postsecondary education; amending s.

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1009.24, F.S.; revising requirements for the Board of

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Governors in establishing tuition and out-of-state fees

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for graduate and professional programs; revising

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requirements for the Board of Governors in establishing a

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uniform maximum undergraduate tuition differential for

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universities that have research and development

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expenditures of a specified amount; allowing the

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university board of trustees to maintain the differential

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unless otherwise directed by the Board of Governors;

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amending s. 1004.445, F.S.; establishing the Johnnie B.

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Byrd, Sr., Alzheimer's Center and Research Institute

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within the University of South Florida; providing for the

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administration of the center; creating a research advisory

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board and providing for a manner of appointment; providing

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duties; eliminating the board of directors and the council

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of scientific advisors; revising the grant award process

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for the center; providing a limitation on expenditures;

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requiring the university to establish an account for

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charitable donations and separate accounts for other

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funds; providing for a report; extending the sunset

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provisions; providing effective dates.

4/25/2008  8:10:00 AM     18-08687-08