HB 331

1	A bill to be entitled
2	An act relating to public health initiatives; amending s.
3	381.98, F.S.; establishing the Florida Public Health
4	Institute, Inc., and deleting provisions relating to the
5	Florida Public Health Foundation, Inc.; providing purposes
6	of the institute; providing for the institute to operate
7	as a not-for-profit corporation; revising composition of
8	the board of directors; removing obsolete language
9	relating to certain research; requiring annual reports to
10	the Legislature; amending ss. 381.855, 381.911, and
11	381.981, F.S.; conforming terminology; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 381.98, Florida Statutes, is amended to
17	read:
18	381.98  The Florida Public Health Institute Foundation,
19	Inc.; establishment; purpose; mission; duties; board of
20	directors.--
21	(1)  The Florida Public Health Institute Foundation, Inc.,
22	referred to in this section as "the corporation," is established
23	for the purpose of advancing the knowledge and practice of
24	public health, including disseminating breakthrough findings in
25	biomedical research and promoting health awareness in this state
26	and providing services to the Department of Health.
27	(2)  The corporation's mission includes disseminating
28	information about innovative biomedical research and clinical
29	trials in this state as well as making Floridians and their
30	treatment providers aware of specified diseases and conditions
31	and available methods of preventing, diagnosing, treating, and
32	curing those diseases and conditions.
33	(2)(3)  The purpose and objective of the corporation shall
34	be to operate exclusively for charitable, scientific, and
35	educational purposes; to protect and improve the health and
36	well-being of Florida's people and environment through
37	partnerships committed to program innovation, education, applied
38	research, and policy development; and to engage in charitable
39	programs dedicated to improving the health of Floridians.
40	(3)(4)  The corporation shall be established as a not-for-
41	profit entity qualifying under s. 501(c)(3) of the Internal
42	Revenue Code. The corporation may receive, hold, invest, and
43	administer property and any moneys acquired from private, local,
44	state, and federal sources, as well as technical and
45	professional income generated or derived from the mission-
46	related activities of the corporation. The corporation shall
47	have all of the powers conferred upon corporations organized
48	under chapter 617.
49	(4)(5)  The corporation's duties include procuring funds
50	necessary for accomplishing the purpose and mission of the
51	corporation. The corporation shall strive to complement,
52	supplement, and enhance the missions of the various
53	organizations, entities, and departments that provide public
54	health initiatives represented on its board by serving as the
55	lead corporation in the state for promoting public health
56	awareness.
57	(5)(6)  The affairs of the corporation shall be managed by
58	an executive director appointed by a board of directors.
59	consisting of:
60	(6)(a)  The board of directors shall be elected in
61	accordance with the bylaws of the corporation and shall include,
62	but not be limited to, the following:
63	1.(a)  The State Surgeon General or his or her designee.
64	2.(b)  A representative of the Florida Public Health
65	Association former member of the Senate appointed by the
66	President of the Senate.
67	3.(c)  Representatives of local health departments, with at
68	least one representative each from the southern, central, and
69	northern geographic areas of the state A former member of the
70	House of Representatives appointed by the Speaker of the House
71	of Representatives.
72	4.(d)  Representatives of institutions of higher learning A
73	representative of the American Heart Association.
74	5.(e)  Representatives of the private health care provider
75	sector, industry or business groups, or philanthropic
76	foundations A representative of the American Cancer Society,
77	Florida Division, Inc.
78	(b)  The majority of board members may not be state
79	employees.
80	(f)  A representative of the American Lung Association of
81	Florida.
82	(g)  A representative of the American Diabetes Association,
83	South Coastal Region.
84	(h)  A representative of the Alzheimer's Association.
85	(i)  A representative of the Epilepsy Foundation.
86	(j)  A representative of the National Parkinson Foundation.
87	(k)  A representative of the March of Dimes, Florida
88	Chapter.
89	(l)  A representative of the Arthritis Foundation, Florida
90	Chapter.
91	(m)  A representative of the American Liver Foundation.
92	(n)  A representative of the Florida Council for Behavioral
93	Healthcare, Inc.
94	(o)  A representative of the Florida Alcohol and Drug Abuse
95	Association.
96	(p)  A representative of Pharmaceutical Research and
97	Manufacturers of America.
98	(q)  A representative of the Florida Public Health
99	Association.
100	(r)  A representative of the Florida Association of County
101	Health Officers.
102	(s)  A public health academician selected by the State
103	Health Officer.
104	(t)  A representative of the Florida Academy of Family
105	Physicians.
106	(u)  Three consumers who have demonstrated an interest in
107	protecting the public health appointed by the Florida Public
108	Health Association.
109	(v)  A representative of the Florida Association of Health
110	Plans.
111	(7)  Members of the board of directors shall serve for 2-
112	year terms and shall serve without compensation. Each
113	organization represented on the board of directors shall cover
114	the expenses of its representative.
115	(8)  The corporation, in consultation with the Department
116	of Health and the Florida Center for Universal Research to
117	Eradicate Disease, shall facilitate communication between
118	biomedical researchers and health care providers each month
119	according to the health awareness schedule established by the
120	Florida Public Health Foundation, Inc., in order to ensure
121	ongoing dialogue between researchers, treatment providers, and
122	the department.
123	(7)(9)  The corporation and the Department of Health shall
124	enter into partnerships with providers of continuing education
125	for health care practitioners, including, but not limited to,
126	hospitals and state and local medical organizations, to ensure
127	that practitioners are aware of the most recent and complete
128	diagnostic and treatment tools.
129	(8)(10)  The corporation may provide personnel to the
130	Department of Health for the purpose of performing duties and
131	responsibilities outlined in private and public grants received
132	by the Department of Health. These personnel are not state
133	employees and are not entitled to retirement credit and other
134	benefits provided to state employees under chapters 110 and 112.
135	These personnel shall perform services pursuant to an agreement
136	between the corporation and the Department of Health.
137	(9)(11)  The corporation may purchase goods, services, and
138	property for use by the Department of Health. These purchases
139	are not subject to the provisions of chapters 253, 255, and 287,
140	nor to the control or direction of the Department of
141	Environmental Protection or the Department of Management
142	Services.
143	(10)(12)  The corporation shall provide an annual report
144	concerning its activities and finances to the Florida Center for
145	Universal Research to Eradicate Disease and shall provide copies
146	of the annual report to the Governor, the President of the
147	Senate, and the Speaker of the House of Representatives.
148	Section 2.  Paragraph (a) of subsection (5) of section
149	381.855, Florida Statutes, is amended to read:
150	381.855  Florida Center for Universal Research to Eradicate
151	Disease.--
152	(5)  There is established within the center an advisory
153	council that shall meet at least annually.
154	(a)  The council shall consist of one representative from a
155	Florida not-for-profit institution engaged in basic and clinical
156	biomedical research and education which receives more than $10
157	million in annual grant funding from the National Institutes of
158	Health, to be appointed by the State Surgeon General from a
159	different institution each term, and one representative from and
160	appointed by each of the following entities:
161	1.  Enterprise Florida, Inc.
162	2.  BioFlorida.
163	3.  The Biomedical Research Advisory Council.
164	4.  The Florida Medical Foundation.
165	5.  Pharmaceutical Research and Manufacturers of America.
166	6.  The Florida Cancer Council.
167	7.  The American Cancer Society, Florida Division, Inc.
168	8.  The American Heart Association.
169	9.  The American Lung Association of Florida.
170	10.  The American Diabetes Association, South Coastal
171	Region.
172	11.  The Alzheimer's Association.
173	12.  The Epilepsy Foundation.
174	13.  The National Parkinson Foundation.
175	14.  The Florida Public Health Institute Foundation, Inc.
176	15.  The Florida Research Consortium.
177	Section 3.  Section 381.911, Florida Statutes, is amended
178	to read:
179	381.911  Prostate Cancer Awareness Program.--
180	(1)  To the extent that funds are specifically made
181	available for this purpose, the Prostate Cancer Awareness
182	Program is established within the Department of Health. The
183	purpose of this program is to implement the recommendations of
184	January 2000 of the Florida Prostate Cancer Task Force to
185	provide for statewide outreach and health education activities
186	to ensure that men are aware of and appropriately seek medical
187	counseling for prostate cancer as an early-detection health care
188	measure.
189	(2)  For purposes of implementing the program, the
190	Department of Health and the Florida Public Health Institute
191	Foundation, Inc., may:
192	(a)  Conduct activities directly or enter into a contract
193	with a qualified nonprofit community education entity.
194	(b)  Seek any available gifts, grants, or funds from the
195	state, the Federal Government, philanthropic foundations, and
196	industry or business groups.
197	(3)  A prostate cancer advisory committee is created to
198	advise and assist the Department of Health and the Florida
199	Public Health Institute Foundation, Inc., in implementing the
200	program.
201	(a)  The State Surgeon General shall appoint the advisory
202	committee members, who shall consist of:
203	1.  Three persons from prostate cancer survivor groups or
204	cancer-related advocacy groups.
205	2.  Three persons who are scientists or clinicians from
206	public universities or research organizations.
207	3.  Three persons who are engaged in the practice of a
208	cancer-related medical specialty from health organizations
209	committed to cancer research and control.
210	(b)  Members shall serve without compensation but are
211	entitled to reimbursement, pursuant to s. 112.061, for per diem
212	and travel expenses incurred in the performance of their
213	official duties.
214	(4)  The program shall coordinate its efforts with those of
215	the Florida Public Health Institute Foundation, Inc.
216	Section 4.  Section 381.981, Florida Statutes, is amended
217	to read:
218	381.981  Health awareness campaigns.--
219	(1)  The Florida Public Health Institute Foundation, Inc.,
220	in consultation with the Department of Health, shall coordinate
221	monthly health awareness campaigns with national, state, and
222	local health care organizations and government entities
223	targeting a wide range of the public, including: parents;
224	teachers and other school employees; students in 4th through
225	12th grades, colleges, and universities; state agency employees;
226	county and local government employees; patients of county health
227	departments; Medicaid recipients; health care professionals and
228	providers; and the public in general.
229	(2)  The awareness campaigns shall include the provision of
230	educational information about preventing, detecting, treating,
231	and curing the following diseases or conditions. Additional
232	diseases and conditions that impact the public health may be
233	added by the board of directors of the Florida Public Health
234	Institute Foundation, Inc.; however, each of the following
235	diseases or conditions must be included in an awareness campaign
236	during at least 1 month in any 24-month period:
237	(a)  Cancer, including breast, prostate, cervical, ovarian,
238	colorectal, and skin cancer and leukemia.
239	(b)  Heart disease.
240	(c)  Stroke.
241	(d)  Lung disease, including asthma and smoking-relating
242	disease.
243	(e)  Neurological disorders and disease, including
244	Alzheimer's disease, Parkinson's disease, and epilepsy.
245	(f)  Gastrointestinal disease.
246	(g)  Kidney disease.
247	(h)  Diabetes.
248	(i)  Liver disease.
249	(j)  Autoimmune disorders.
250	(k)  Birth defects and prenatal care.
251	(l)  Obesity and malnutrition.
252	(m)  Sexually transmissible disease.
253	(n)  Hepatitis A, hepatitis B, and hepatitis C.
254	(o)  Arthritis.
255	(p)  Vaccine-preventable diseases.
256	(q)  Infectious diseases, including HIV/AIDS.
257	(r)  Substance abuse.
258	(s)  Mental illness.
259	(t)  Lupus.
260	(u)  Osteoporosis.
261	(3)  The health awareness campaigns shall be funded by the
262	Florida Public Health Institute Foundation, Inc., and the
263	Department of Health to the extent that funds are available from
264	public and private sources.
265	(4)  Health awareness information shall be disseminated
266	through all available methods, including print, audio, visual,
267	and electronic media.
268	Section 5.  This act shall take effect July 1, 2009.
269

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