CS/HB 443

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 mission for the institute; creating a
6	board of directors to oversee the management and operation
7	of the institute; providing for the appointment and terms
8	of service of the members of the board of directors;
9	providing for the election of a chair of the board of
10	directors; providing for the duties of the board of
11	directors; authorizing the board of directors to create an
12	advisory council to the institute; providing that the
13	institute shall be administered by a chief executive
14	officer; providing for the duties of the chief executive
15	officer; requiring the chief executive officer to actively
16	seek grant moneys to fund research at the institute;
17	requiring the chief executive officer to submit an annual
18	report of the institute's expenditures and research;
19	specifying the sources of funding for the institute;
20	requiring that any appropriation to the institute be
21	expended for certain purposes; specifying certain
22	information that is exempt from public records
23	requirements; providing for the transfer of certain assets
24	and records of the institute to the university; providing
25	an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 1004.445, Florida Statutes, is amended
30	to read:
31	(Substantial rewording of section. See s. 1004.445, F.S.,
32	for present text.)
33	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
34	Research Institute.--
35	(1)  CREATION AND MISSION.--The Johnnie B. Byrd, Sr.,
36	Alzheimer's Center and Research Institute is established within
37	the University of South Florida. The institute has a statewide
38	mission to advance research, education, treatment, prevention,
39	and the early detection of Alzheimer's disease and is
40	responsible for distributing competitive grant funds for
41	Alzheimer's disease research.
42	(2)  BOARD OF DIRECTORS.--The board of directors for the
43	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
44	is created to oversee the management and operation of the
45	institute.
46	(a)  The board of directors shall consist of seven members
47	who shall serve at the pleasure of the entity that appoints
48	them. A board member's term shall expire after 4 years, but the
49	member may be reappointed to a subsequent 4-year term.
50	1.  The Governor, the President of the Senate, and the
51	Speaker of the House of Representatives shall each appoint one
52	person to serve on the board of directors.
53	2.  The Board of Trustees of the University of South
54	Florida shall appoint four persons to serve on the board of
55	directors. Trustees are eligible for appointment to the board of
56	directors.
57	3.  The chair of the board of directors shall be elected by
58	a majority vote from among the membership of the board.
59	(b)  The board of directors shall:
60	1.  Approve the institute's annual budget and audit of
61	expenditures.
62	2.  Ensure that the institute's funds are expended
63	exclusively to benefit the institute's mission unless otherwise
64	authorized or directed by the Legislature.
65	3.  Ensure that the institute adheres to all administrative
66	policies and procedures of the University of South Florida,
67	including, but not limited to, university policies for finance,
68	audit, personnel, property, and research administration.
69	4.  Transmit a copy of the institute's annual report to the
70	Governor, the President of the Senate, the Speaker of the House
71	of Representatives, the Board of Governors of the State
72	University System, and the Board of Trustees of the University
73	of South Florida.
74	(c)  Members of the board of directors may not receive a
75	salary.
76	(3)  ADVISORY COUNCIL.--The board of directors may organize
77	and appoint an advisory council to the institute. The duties of
78	the advisory council may include, but are not limited to,
79	providing advice and advocacy in:
80	(a)  Meeting the institute's mission.
81	(b)  Engaging community leaders and other concerned members
82	of the public in supporting the institute's mission.
83	(c)  Soliciting philanthropic support for the institute.
84	(4)  CHIEF EXECUTIVE OFFICER.--The institute shall be
85	administered by a chief executive officer who shall be appointed
86	by and serve at the pleasure of the president of the University
87	of South Florida or the president's designee. The chief
88	executive officer shall:
89	(a)  Appoint university faculty and staff to carry out the
90	research, patient care, and educational activities of the
91	institute.
92	(b)  Administer the daily operation of the institute,
93	including the use and assignment of space and equipment within
94	the institute's facilities.
95	(c)  Actively seek federal and private sources of grant
96	money and donations for the purpose of funding and conducting
97	research for Alzheimer's disease at the institute.
98	(d)  Prepare an annual report for the institute which
99	describes the expenditure of all of the institute's funds and
100	provides information regarding research that has been conducted
101	or funded by the institute, including the expected and actual
102	results of the research.
103	(5)  BUDGET.--The institute's budget shall include the
104	moneys appropriated in the General Appropriations Act, donated,
105	or otherwise provided to the institute from private, local,
106	state, and federal sources, as well as technical and
107	professional income generated or derived from practice
108	activities at the institute. Any appropriation to the institute
109	shall be expended for the purposes specified in this section,
110	including conducting and supporting research and related
111	clinical services, awarding institutional grants and
112	investigator-initiated research grants to other persons within
113	the state through a competitive process, developing and
114	operating integrated data projects, providing assistance to the
115	memory disorder clinics established in s. 430.502, and providing
116	for the operation of the institute.
117	(6)  PUBLIC RECORDS EXEMPTION.--The following information
118	is confidential and exempt from s. 119.07(1) and s. 24, Art. I
119	of the State Constitution:
120	(a)  Personal identifying information relating to clients
121	of programs created by or funded through the Johnnie B. Byrd,
122	Sr., Alzheimer's Center and Research Institute which is held by
123	the institute, the University of South Florida, the Board of
124	Governors, or the State Board of Education.
125	(b)  Patient medical or health records held by the
126	institute.
127	(c)  Materials that relate to methods of manufacture or
128	production, potential trade secrets, potentially patentable
129	material, actual trade secrets as defined in s. 688.002, or
130	proprietary information received, generated, ascertained, or
131	discovered during the course of research conducted by the
132	institute and business transactions resulting from such
133	research.
134	(d)  Personal identifying information of a donor or
135	prospective donor to the institute who wishes to remain
136	anonymous.
137	(e)  Any information received by the institute from a
138	person from another state or nation or from the Federal
139	Government which is otherwise confidential and exempt under the
140	laws of that state or nation or under federal law.
141
142	Any governmental entity that demonstrates a need to access
143	information that is confidential and exempt in order to perform
144	its duties and responsibilities shall have access to such
145	information.
146	Section 2.  On or before June 30, 2009, the board of
147	directors of the not-for-profit corporation created as an
148	instrumentality of the state pursuant to s. 1004.445, Florida
149	Statutes 2008, shall transfer all unexpended balances, records,
150	functions, facilities, and assets of the institute to the
151	University of South Florida under the oversight of the board of
152	directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
153	Research Institute created by section 1 of this act.
154	Section 3.  This act shall take effect upon becoming a law.

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