CS/HB 491

1
A bill to be entitled
2An act relating to the H. Lee Moffitt Cancer Center and
3Research Institute; amending s. 1004.43, F.S.; revising
4provisions relating to the establishment of the institute
5and specifying primary responsibilities of the institute;
6conforming provisions relating to the agreement by the
7Board of Governors and the not-for-profit corporation for
8the use of facilities on the campus of the University of
9South Florida; specifying that the not-for-profit
10corporation and its subsidiaries shall act as
11instrumentalities of the state for purposes of sovereign
12immunity; authorizing the use of land, facilities, and
13personnel for teaching and research programs conducted by
14state universities; revising provisions relating to the
15control and sharing of certain income; providing a
16definition; amending s. 458.3145, F.S.; authorizing the
17issuance of a medical faculty certificate without
18examination to certain faculty at the H. Lee Moffitt
19Cancer Center and Research Institute; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 1004.43, Florida Statutes, is amended
25to read:
26     1004.43  H. Lee Moffitt Cancer Center and Research
27Institute.--There is established the H. Lee Moffitt Cancer
28Center and Research Institute, a statewide resource for basic
29and clinical research and multidisciplinary approaches to
30patient care at the University of South Florida.
31     (1)  The Board of Governors State Board of Education shall
32enter into an agreement for the utilization of the facilities on
33the campus of the University of South Florida to be known as the
34H. Lee Moffitt Cancer Center and Research Institute, including
35all furnishings, equipment, and other chattels used in the
36operation of said facilities, with a Florida not-for-profit
37corporation organized solely for the purpose of governing and
38operating the H. Lee Moffitt Cancer Center and Research
39Institute. The This not-for-profit corporation, acting as an
40instrumentality of the State of Florida, shall govern and
41operate the H. Lee Moffitt Cancer Center and Research Institute
42in accordance with the terms of the agreement between the Board
43of Governors and the not-for-profit corporation. The not-for-
44profit corporation may, with the prior approval of the Board of
45Governors, create either for-profit or not-for-profit corporate
46subsidiaries, or both, to fulfill its mission. The not-for-
47profit corporation and any authorized and approved subsidiary
48shall be corporations primarily acting as instrumentalities of
49the state, pursuant to s. 768.28(2), for purposes of sovereign
50immunity. For-profit subsidiaries of the not-for-profit
51corporation may not compete with for-profit health care
52providers in the delivery of radiation therapy services to
53patients. The not-for-profit corporation and its subsidiaries
54are authorized to receive, hold, invest, and administer property
55and any moneys received from private, local, state, and federal
56sources, as well as technical and professional income generated
57or derived from practice activities of the institute, for the
58benefit of the institute and the fulfillment of its mission. The
59affairs of the corporation shall be managed by a board of
60directors who shall serve without compensation. The President of
61the University of South Florida and the chair of the Board of
62Governors, or his or her designee, shall be directors of the
63not-for-profit corporation, together with 5 representatives of
64the state universities and no more than 14 nor fewer than 10
65directors who are not medical doctors or state employees. Each
66director shall have only one vote, shall serve a term of 3
67years, and may be reelected to the board. Other than the
68President of the University of South Florida and the chair of
69the Board of Governors, directors shall be elected by a majority
70vote of the board. The chair of the board of directors shall be
71selected by majority vote of the directors.
72     (2)  The Board of Governors shall provide in the agreement
73with the not-for-profit corporation for the following:
74     (a)  Approval of the articles of incorporation of the not-
75for-profit corporation by the Board of Governors.
76     (b)  Approval of the articles of incorporation of any not-
77for-profit corporate subsidiary created by the not-for-profit
78corporation.
79     (c)  Utilization of lands, facilities, and personnel by the
80not-for-profit corporation and its subsidiaries for research,
81education, treatment, prevention, and the early detection of
82cancer and for mutually approved teaching and research programs
83conducted by the state universities University of South Florida
84or other accredited medical schools or research institutes.
85     (d)  Preparation of an annual financial audit of the not-
86for-profit corporation's accounts and records and the accounts
87and records of any subsidiaries to be conducted by an
88independent certified public accountant. The annual audit report
89shall include a management letter, as defined in s. 11.45, and
90shall be submitted to the Auditor General and the Board of
91Governors. The Board of Governors, the Auditor General, and the
92Office of Program Policy Analysis and Government Accountability
93shall have the authority to require and receive from the not-
94for-profit corporation and any subsidiaries or from their
95independent auditor any detail or supplemental data relative to
96the operation of the not-for-profit corporation or subsidiary.
97     (e)  Provision by the not-for-profit corporation and its
98subsidiaries of equal employment opportunities to all persons
99regardless of race, color, religion, sex, age, or national
100origin.
101     (3)  The Board of Governors is authorized to secure
102comprehensive general liability protection, including
103professional liability protection, for the not-for-profit
104corporation and its subsidiaries pursuant to s. 1004.24. The
105not-for-profit corporation and its subsidiaries shall be exempt
106from any participation in any property insurance trust fund
107established by law, including any property insurance trust fund
108established pursuant to chapter 284, so long as the not-for-
109profit corporation and its subsidiaries maintain property
110insurance protection with comparable or greater coverage limits.
111     (4)  In the event that the agreement between the not-for-
112profit corporation and the Board of Governors is terminated for
113any reason, the Board of Governors shall resume governance and
114operation of such facilities.
115     (5)  The institute shall be administered by a chief
116executive officer who shall serve at the pleasure of the board
117of directors of the not-for-profit corporation and who shall
118have the following powers and duties subject to the approval of
119the board of directors:
120     (a)  The chief executive officer shall establish programs
121which fulfill the mission of the institute in research,
122education, treatment, prevention, and the early detection of
123cancer; however, the chief executive officer shall not establish
124academic programs for which academic credit is awarded and which
125terminate in the conference of a degree without prior approval
126of the Board of Governors.
127     (b)  The chief executive officer shall have control over
128the budget and the dollars appropriated or donated to the
129institute from private, local, state, and federal sources, as
130well as technical and professional income generated or derived
131from practice activities of the not-for-profit corporation and
132its subsidiaries institute. However, professional income
133generated by state university faculty from practice activities
134at the institute shall be shared between the institute and the
135university as determined by the chief executive officer and the
136appropriate university dean or vice president. Professional
137income generated by institute members from practice activities
138may be shared between the not-for-profit corporation and its
139subsidiaries as determined by the chief executive officer. As
140used in this paragraph, the term "institute member" means an
141individual employed by the not-for-profit corporation or a
142subsidiary as a clinical or scientific faculty member.
143     (c)  The chief executive officer shall appoint members to
144carry out the research, patient care, and educational activities
145of the institute and determine compensation, benefits, and terms
146of service. Members of the institute shall be eligible to hold
147concurrent appointments at affiliated academic institutions.
148State university faculty shall be eligible to hold concurrent
149appointments at the institute.
150     (d)  The chief executive officer shall have control over
151the use and assignment of space and equipment within the
152facilities.
153     (e)  The chief executive officer shall have the power to
154create the administrative structure necessary to carry out the
155mission of the institute.
156     (f)  The chief executive officer shall have a reporting
157relationship to the Board of Governors or its designee.
158     (g)  The chief executive officer shall provide a copy of
159the institute's annual report to the Governor and Cabinet, the
160President of the Senate, the Speaker of the House of
161Representatives, and the chair of the Board of Governors.
162     (6)  The board of directors of the not-for-profit
163corporation shall create a council of scientific advisers to the
164chief executive officer comprised of leading researchers,
165physicians, and scientists. This council shall review programs
166and recommend research priorities and initiatives so as to
167maximize the state's investment in the institute. The council
168shall be appointed by the board of directors of the not-for-
169profit corporation. Each member of the council shall be
170appointed to serve a 2-year term and may be reappointed to the
171council.
172     (7)  In carrying out the provisions of this section, the
173not-for-profit corporation and its subsidiaries are not
174"agencies" within the meaning of s. 20.03(11).
175     (8)(a)  Records of the not-for-profit corporation and of
176its subsidiaries are public records unless made confidential or
177exempt by law.
178     (b)  Proprietary confidential business information is
179confidential and exempt from the provisions of s. 119.07(1) and
180s. 24(a), Art. I of the State Constitution. However, the Auditor
181General, the Office of Program Policy Analysis and Government
182Accountability, and the Board of Governors, pursuant to their
183oversight and auditing functions, must be given access to all
184proprietary confidential business information upon request and
185without subpoena and must maintain the confidentiality of
186information so received. As used in this paragraph, the term
187"proprietary confidential business information" means
188information, regardless of its form or characteristics, which is
189owned or controlled by the not-for-profit corporation or its
190subsidiaries; is intended to be and is treated by the not-for-
191profit corporation or its subsidiaries as private and the
192disclosure of which would harm the business operations of the
193not-for-profit corporation or its subsidiaries; has not been
194intentionally disclosed by the corporation or its subsidiaries
195unless pursuant to law, an order of a court or administrative
196body, a legislative proceeding pursuant to s. 5, Art. III of the
197State Constitution, or a private agreement that provides that
198the information may be released to the public; and which is
199information concerning:
200     1.  Internal auditing controls and reports of internal
201auditors;
202     2.  Matters reasonably encompassed in privileged attorney-
203client communications;
204     3.  Contracts for managed-care arrangements, including
205preferred provider organization contracts, health maintenance
206organization contracts, and exclusive provider organization
207contracts, and any documents directly relating to the
208negotiation, performance, and implementation of any such
209contracts for managed-care arrangements;
210     4.  Bids or other contractual data, banking records, and
211credit agreements the disclosure of which would impair the
212efforts of the not-for-profit corporation or its subsidiaries to
213contract for goods or services on favorable terms;
214     5.  Information relating to private contractual data, the
215disclosure of which would impair the competitive interest of the
216provider of the information;
217     6.  Corporate officer and employee personnel information;
218     7.  Information relating to the proceedings and records of
219credentialing panels and committees and of the governing board
220of the not-for-profit corporation or its subsidiaries relating
221to credentialing;
222     8.  Minutes of meetings of the governing board of the not-
223for-profit corporation and its subsidiaries, except minutes of
224meetings open to the public pursuant to subsection (9);
225     9.  Information that reveals plans for marketing services
226that the corporation or its subsidiaries reasonably expect to be
227provided by competitors;
228     10.  Trade secrets as defined in s. 688.002, including:
229     a.  Information relating to methods of manufacture or
230production, potential trade secrets, potentially patentable
231materials, or proprietary information received, generated,
232ascertained, or discovered during the course of research
233conducted by the not-for-profit corporation or its subsidiaries;
234and
235     b.  Reimbursement methodologies or rates;
236     11.  The identity of donors or prospective donors of
237property who wish to remain anonymous or any information
238identifying such donors or prospective donors. The anonymity of
239these donors or prospective donors must be maintained in the
240auditor's report; or
241     12.  Any information received by the not-for-profit
242corporation or its subsidiaries from an agency in this or
243another state or nation or the Federal Government which is
244otherwise exempt or confidential pursuant to the laws of this or
245another state or nation or pursuant to federal law.
246
247As used in this paragraph, the term "managed care" means systems
248or techniques generally used by third-party payors or their
249agents to affect access to and control payment for health care
250services. Managed-care techniques most often include one or more
251of the following: prior, concurrent, and retrospective review of
252the medical necessity and appropriateness of services or site of
253services; contracts with selected health care providers;
254financial incentives or disincentives related to the use of
255specific providers, services, or service sites; controlled
256access to and coordination of services by a case manager; and
257payor efforts to identify treatment alternatives and modify
258benefit restrictions for high-cost patient care.
259     (c)  Subparagraphs 10. and 12. of paragraph (b) are subject
260to the Open Government Sunset Review Act in accordance with s.
261119.15 and shall stand repealed on October 2, 2010, unless
262reviewed and saved from repeal through reenactment by the
263Legislature.
264     (9)  Meetings of the governing board of the not-for-profit
265corporation and meetings of the subsidiaries of the not-for-
266profit corporation at which the expenditure of dollars
267appropriated to the not-for-profit corporation by the state are
268discussed or reported must remain open to the public in
269accordance with s. 286.011 and s. 24(b), Art. I of the State
270Constitution, unless made confidential or exempt by law. Other
271meetings of the governing board of the not-for-profit
272corporation and of the subsidiaries of the not-for-profit
273corporation are exempt from s. 286.011 and s. 24(b), Art. I of
274the State Constitution.
275     (10)  In addition to the continuing appropriation to the
276institute provided in s. 210.20(2), any appropriation to the
277institute provided in a general appropriations act shall be paid
278directly to the board of directors of the not-for-profit
279corporation by warrant drawn by the Chief Financial Officer from
280the State Treasury.
281     Section 2.  Paragraph (i) of subsection (1) of section
282458.3145, Florida Statutes, is amended to read:
283     458.3145  Medical faculty certificate.--
284     (1)  A medical faculty certificate may be issued without
285examination to an individual who:
286     (i)  Has been offered and has accepted a full-time faculty
287appointment to teach in a program of medicine at:
288     1.  The University of Florida,
289     2.  The University of Miami,
290     3.  The University of South Florida,
291     4.  The Florida State University,
292     5.  The Florida International University,
293     6.  The University of Central Florida, or
294     7.  The Mayo Medical School at the Mayo Clinic in
295Jacksonville, Florida, or
296     8.  The H. Lee Moffitt Cancer Center and Research
297Institute.
298     Section 3.  This act shall take effect July 1, 2009.


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