Florida Senate - 2009 SB 902
By Senator Deutch
30-00521-09 2009902__
1 A bill to be entitled
2 An act relating to the Florida Public Health
3 Foundation, Inc.; amending ss. 381.855, 381.911, and
4 381.912, F.S.; conforming terminology to changes made
5 by the act; amending s. 381.98, F.S.; changing the
6 name of the Florida Public Health Foundation, Inc., to
7 the Florida Public Health Institute, Inc.; modifying
8 the purpose of the institute; deleting the mission of
9 the institute; revising the membership of the board of
10 directors and the term of membership; deleting the
11 duties of the institute to facilitate communication
12 between biomedical researchers and health care
13 providers, to provide an annual report of its
14 finances, and to provide an annual report of its
15 activities to the Governor and the Florida Center for
16 Universal Research to Eradicate Disease; amending s.
17 381.981, F.S.; conforming terminology to changes made
18 by the act; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (5) of section
23 381.855, Florida Statutes, is amended to read:
24 381.855 Florida Center for Universal Research to Eradicate
25 Disease.—
26 (5) There is established within the center an advisory
27 council that shall meet at least annually.
28 (a) The council shall consist of one representative from a
29 Florida not-for-profit institution engaged in basic and clinical
30 biomedical research and education which receives more than $10
31 million in annual grant funding from the National Institutes of
32 Health, to be appointed by the State Surgeon General from a
33 different institution each term, and one representative from and
34 appointed by each of the following entities:
35 1. Enterprise Florida, Inc.
36 2. BioFlorida.
37 3. The Biomedical Research Advisory Council.
38 4. The Florida Medical Foundation.
39 5. Pharmaceutical Research and Manufacturers of America.
40 6. The Florida Cancer Council.
41 7. The American Cancer Society, Florida Division, Inc.
42 8. The American Heart Association.
43 9. The American Lung Association of Florida.
44 10. The American Diabetes Association, South Coastal
45 Region.
46 11. The Alzheimer's Association.
47 12. The Epilepsy Foundation.
48 13. The National Parkinson Foundation.
49 14. The Florida Public Health Institute Foundation, Inc.
50 15. The Florida Research Consortium.
51 Section 2. Subsections (2), (3), and (4) of section
52 381.911, Florida Statutes, are amended to read:
53 381.911 Prostate Cancer Awareness Program.—
54 (2) For purposes of implementing the program, the
55 Department of Health and the Florida Public Health Institute
56 Foundation, Inc., may:
57 (a) Conduct activities directly or enter into a contract
58 with a qualified nonprofit community education entity.
59 (b) Seek any available gifts, grants, or funds from the
60 state, the Federal Government, philanthropic foundations, and
61 industry or business groups.
62 (3) A prostate cancer advisory committee is created to
63 advise and assist the Department of Health and the Florida
64 Public Health Institute Foundation, Inc., in implementing the
65 program.
66 (a) The State Surgeon General shall appoint the advisory
67 committee members, who shall consist of:
68 1. Three persons from prostate cancer survivor groups or
69 cancer-related advocacy groups.
70 2. Three persons who are scientists or clinicians from
71 public universities or research organizations.
72 3. Three persons who are engaged in the practice of a
73 cancer-related medical specialty from health organizations
74 committed to cancer research and control.
75 (b) Members shall serve without compensation but are
76 entitled to reimbursement, pursuant to s. 112.061, for per diem
77 and travel expenses incurred in the performance of their
78 official duties.
79 (4) The program shall coordinate its efforts with those of
80 the Florida Public Health Institute Foundation, Inc.
81 Section 3. Subsection (1) and paragraph (d) of subsection
82 (2) of section 381.912, Florida Statutes, are amended to read:
83 381.912 Cervical Cancer Elimination Task Force.—
84 (1) Effective July 1, 2004, the Cervical Cancer Elimination
85 Task Force is established for the purpose of recommending
86 strategies and actions to reduce the costs and burdens of
87 cervical cancer in Florida. The task force shall present interim
88 reports to the Florida Public Health Institute Foundation, Inc.,
89 the Florida Cancer Council, the Center for Universal Research to
90 Eradicate Disease, the Governor, the President of the Senate,
91 and the Speaker of the House of Representatives on January 1,
92 2006, and July 1, 2007, with a final report due on June 30,
93 2008. After submitting its final report on or before June 30,
94 2008, the task force is dissolved.
95 (2) The task force shall:
96 (d) Provide recommendations to the Florida Public Health
97 Institute Foundation, Inc., on public awareness issues relating
98 to cervical cancer, such as the causes, personal risk factors,
99 value of prevention, available vaccines, early detection
100 options, treatment costs, new technology, and education for
101 health care practitioners.
102 Section 4. Section 381.98, Florida Statutes, is amended to
103 read:
104 381.98 The Florida Public Health Institute Foundation,
105 Inc.; establishment; purpose; mission; duties; board of
106 directors.—
107 (1) The Florida Public Health Institute Foundation, Inc.,
108 referred to in this section as “the corporation,” is established
109 for the purpose of advancing the knowledge and practice of
110 public health, including disseminating breakthrough findings in
111 biomedical research and promoting health awareness in this state
112 and providing services to the Department of Health.
113 (2) The corporation's mission includes disseminating
114 information about innovative biomedical research and clinical
115 trials in this state as well as making Floridians and their
116 treatment providers aware of specified diseases and conditions
117 and available methods of preventing, diagnosing, treating, and
118 curing those diseases and conditions.
119 (2)(3) The purpose and objective of the corporation shall
120 be to operate exclusively for charitable, scientific, and
121 educational purposes; to protect and improve the health and
122 well-being of Florida's people and environment through
123 partnerships committed to program innovation, education, applied
124 research, and policy development; and to engage in charitable
125 programs dedicated to improving the health of Floridians.
126 (3)(4) The corporation shall be established as a not-for
127 profit entity qualifying under s. 501(c)(3) of the Internal
128 Revenue Code. The corporation may receive, hold, invest, and
129 administer property and any moneys acquired from private, local,
130 state, and federal sources, as well as technical and
131 professional income generated or derived from the mission
132 related activities of the corporation. The corporation shall
133 have all of the powers conferred upon corporations organized
134 under chapter 617.
135 (4)(5) The corporation's duties include procuring funds
136 necessary for accomplishing the purpose and mission of the
137 corporation. The corporation shall strive to complement,
138 supplement, and enhance the missions of the various
139 organizations, entities, and departments represented on its
140 board by serving as the lead corporation in the state for
141 promoting public health awareness.
142 (5)(6) The affairs of the corporation shall be managed by
143 an executive director appointed by a board of directors.
144 consisting of:
145 (6) The board of directors shall be elected in accordance
146 with the bylaws of the corporation and shall include, but not be
147 limited to, the following persons:
148 (a) The State Surgeon General or his or her designee.
149 (b) A representative of the Florida Public Health
150 Association former member of the Senate appointed by the
151 President of the Senate.
152 (c) Representatives of local health departments in the
153 state, with at least one representative from the southern,
154 central, and northern areas of the state A former member of the
155 House of Representatives appointed by the Speaker of the House
156 of Representatives.
157 (d) Representatives from institutions of higher learning A
158 representative of the American Heart Association.
159 (e) Representatives from the private health care, business,
160 or foundation community A representative of the American Cancer
161 Society, Florida Division, Inc.
162 The majority of the board may not be employed by the state.
163 (f) A representative of the American Lung Association of
164 Florida.
165 (g) A representative of the American Diabetes Association,
166 South Coastal Region.
167 (h) A representative of the Alzheimer's Association.
168 (i) A representative of the Epilepsy Foundation.
169 (j) A representative of the National Parkinson Foundation.
170 (k) A representative of the March of Dimes, Florida
171 Chapter.
172 (l) A representative of the Arthritis Foundation, Florida
173 Chapter.
174 (m) A representative of the American Liver Foundation.
175 (n) A representative of the Florida Council for Behavioral
176 Healthcare, Inc.
177 (o) A representative of the Florida Alcohol and Drug Abuse
178 Association.
179 (p) A representative of Pharmaceutical Research and
180 Manufacturers of America.
181 (q) A representative of the Florida Public Health
182 Association.
183 (r) A representative of the Florida Association of County
184 Health Officers.
185 (s) A public health academician selected by the State
186 Health Officer.
187 (t) A representative of the Florida Academy of Family
188 Physicians.
189 (u) Three consumers who have demonstrated an interest in
190 protecting the public health appointed by the Florida Public
191 Health Association.
192 (v) A representative of the Florida Association of Health
193 Plans.
194 (7) Members of the board of directors shall serve for 4
195 year 2-year terms and shall serve without compensation. Each
196 organization represented on the board of directors shall cover
197 the expenses of its representative.
198 (8) The corporation, in consultation with the Department of
199 Health and the Florida Center for Universal Research to
200 Eradicate Disease, shall facilitate communication between
201 biomedical researchers and health care providers each month
202 according to the health awareness schedule established by the
203 Florida Public Health Foundation, Inc., in order to ensure
204 ongoing dialogue between researchers, treatment providers, and
205 the department.
206 (8)(9) The corporation and the Department of Health shall
207 enter into partnerships with providers of continuing education
208 for health care practitioners, including, but not limited to,
209 hospitals and state and local medical organizations, to ensure
210 that practitioners are aware of the most recent and complete
211 diagnostic and treatment tools.
212 (9)(10) The corporation may provide personnel to the
213 Department of Health for the purpose of performing duties and
214 responsibilities outlined in private and public grants received
215 by the Department of Health. These personnel are not state
216 employees and are not entitled to retirement credit and other
217 benefits provided to state employees under chapters 110 and 112.
218 These personnel shall perform services pursuant to an agreement
219 between the corporation and the Department of Health.
220 (10)(11) The corporation may purchase goods, services, and
221 property for use by the Department of Health. These purchases
222 are not subject to the provisions of chapters 253, 255, and 287,
223 nor to the control or direction of the Department of
224 Environmental Protection or the Department of Management
225 Services.
226 (11)(12) The corporation shall provide an annual report
227 concerning its activities and finances to the Florida Center for
228 Universal Research to Eradicate Disease and shall provide copies
229 of the annual report to the Governor, the President of the
230 Senate, and the Speaker of the House of Representatives.
231 Section 5. Section 381.981, Florida Statutes, is amended to
232 read:
233 381.981 Health awareness campaigns.—
234 (1) The Florida Public Health Institute Foundation, Inc.,
235 in consultation with the Department of Health, shall coordinate
236 monthly health awareness campaigns with national, state, and
237 local health care organizations and government entities
238 targeting a wide range of the public, including: parents;
239 teachers and other school employees; students in 4th through
240 12th grades, colleges, and universities; state agency employees;
241 county and local government employees; patients of county health
242 departments; Medicaid recipients; health care professionals and
243 providers; and the public in general.
244 (2) The awareness campaigns shall include the provision of
245 educational information about preventing, detecting, treating,
246 and curing the following diseases or conditions. Additional
247 diseases and conditions that impact the public health may be
248 added by the board of directors of the Florida Public Health
249 Institute Foundation, Inc.; however, each of the following
250 diseases or conditions must be included in an awareness campaign
251 during at least 1 month in any 24-month period:
252 (a) Cancer, including breast, prostate, cervical, ovarian,
253 colorectal, and skin cancer and leukemia.
254 (b) Heart disease.
255 (c) Stroke.
256 (d) Lung disease, including asthma and smoking-relating
257 disease.
258 (e) Neurological disorders and disease, including
259 Alzheimer's disease, Parkinson's disease, and epilepsy.
260 (f) Gastrointestinal disease.
261 (g) Kidney disease.
262 (h) Diabetes.
263 (i) Liver disease.
264 (j) Autoimmune disorders.
265 (k) Birth defects and prenatal care.
266 (l) Obesity and malnutrition.
267 (m) Sexually transmissible disease.
268 (n) Hepatitis A, hepatitis B, and hepatitis C.
269 (o) Arthritis.
270 (p) Vaccine-preventable diseases.
271 (q) Infectious diseases, including HIV/AIDS.
272 (r) Substance abuse.
273 (s) Mental illness.
274 (t) Lupus.
275 (u) Osteoporosis.
276 (3) The health awareness campaigns shall be funded by the
277 Florida Public Health Institute Foundation, Inc., and the
278 Department of Health to the extent that funds are available from
279 public and private sources.
280 (4) Health awareness information shall be disseminated
281 through all available methods, including print, audio, visual,
282 and electronic media.
283 Section 6. This act shall take effect upon becoming a law.