Bill Amendment: FL S1720 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Education

Status: 2013-05-20 - Chapter No. 2013-51, companion bill(s) passed, see CS/CS/SB 1076 (Ch. 2013-27), SB 1500 (Ch. 2013-40) [S1720 Detail]

Download: Florida-2013-S1720-Appropriations_Subcommittee_on_Education_Committee_Amendment_168466.html

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       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1720
       
       
       
       
       
       
                                Barcode 168466                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       Appropriations Subcommittee on Education (Legg) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 823 and 824
    4  insert:
    5         Section 8. Section 1004.43, Florida Statutes, is amended to
    6  read:
    7         1004.43 H. Lee Moffitt Cancer Center and Research
    8  Institute.—There is established the H. Lee Moffitt Cancer Center
    9  and Research Institute, a statewide resource for basic and
   10  clinical research and multidisciplinary approaches to patient
   11  care.
   12         (1) The Board of Trustees of the University of South
   13  Florida Governors shall enter into a lease an agreement for the
   14  use utilization of the lands and facilities on the campus of the
   15  University of South Florida to be known as the H. Lee Moffitt
   16  Cancer Center and Research Institute, including all furnishings,
   17  equipment, and other chattels used in the operation of such
   18  facilities, with a Florida not-for-profit corporation organized
   19  solely for the purpose of governing and operating the H. Lee
   20  Moffitt Cancer Center and Research Institute. The lease
   21  agreement with the not-for-profit corporation must be rent free
   22  so long as the not-for-profit corporation and its subsidiaries
   23  use the lands and facilities primarily for research, education,
   24  treatment, prevention, and the early detection of cancer or for
   25  teaching and research programs conducted by the state
   26  universities or other accredited medical schools or research
   27  institutes. The lease agreement must provide for review of
   28  construction plans and specifications by the university for
   29  consistency with the university’s campus master plan, impact on
   30  the university’s utilities infrastructure, and compliance with
   31  applicable building code and general design characteristics and
   32  compatibility with university architecture, as appropriate. The
   33  not-for-profit corporation may, with the prior approval of the
   34  Board of Governors, create either for-profit or not-for-profit
   35  corporate subsidiaries, or both, to fulfill its mission. The
   36  not-for-profit corporation and any approved not-for-profit
   37  subsidiary are shall be conclusively deemed corporations
   38  primarily acting as instrumentalities of the state, pursuant to
   39  s. 768.28(2), for purposes of sovereign immunity. For-profit
   40  subsidiaries of the not-for-profit corporation may not compete
   41  with for-profit health care providers in the delivery of
   42  radiation therapy services to patients. The not-for-profit
   43  corporation and its subsidiaries may are authorized to receive,
   44  hold, invest, and administer property and any moneys received
   45  from private, local, state, and federal sources, as well as
   46  technical and professional income generated or derived from
   47  practice activities of the institute, for the benefit of the
   48  institute and the fulfillment of its mission. The affairs of the
   49  corporation shall be managed by a board of directors who shall
   50  serve without compensation. The President of the University of
   51  South Florida and the chair of the Board of Governors, or his or
   52  her designee, shall be directors of the not-for-profit
   53  corporation, together with 5 representatives of the state
   54  universities and no more than 14 nor fewer than 10 directors who
   55  are not medical doctors or state employees. Each director has
   56  shall have only one vote, serves shall serve a term of 3 years,
   57  and may be reelected to the board. Other than the President of
   58  the University of South Florida and the chair of the Board of
   59  Governors, directors shall be elected by a majority vote of the
   60  board. The chair of the board of directors shall be selected by
   61  majority vote of the directors.
   62         (2) The Board of Governors shall provide in the agreement
   63  with the not-for-profit corporation for the following:
   64         (a) Approval of the articles of incorporation of the not
   65  for-profit corporation by the Board of Governors.
   66         (b) Approval of the articles of incorporation of any not
   67  for-profit corporate subsidiary created by the not-for-profit
   68  corporation.
   69         (c) Utilization of lands, facilities, and personnel by the
   70  not-for-profit corporation and its subsidiaries for research,
   71  education, treatment, prevention, and the early detection of
   72  cancer and for mutually approved teaching and research programs
   73  conducted by the state universities or other accredited medical
   74  schools or research institutes.
   75         (2)(d) The not-for-profit corporation shall cause the
   76  Preparation of an annual financial audits audit of the not-for
   77  profit corporation’s accounts and records to be prepared and the
   78  accounts and records of any subsidiaries to be conducted by an
   79  independent certified public accountant. Each The annual
   80  financial audit report must shall include a management letter,
   81  as defined in s. 11.45, and must shall be submitted to the
   82  Auditor General and the Board of Governors. The Board of
   83  Governors, the Auditor General, and the Office of Program Policy
   84  Analysis and Government Accountability may shall have the
   85  authority to require and receive from the not-for-profit
   86  corporation and any subsidiaries or from their independent
   87  auditor any detail or supplemental data relative to the
   88  operation of the not-for-profit corporation or subsidiary.
   89         (e) Provision by The not-for-profit corporation and its
   90  subsidiaries shall provide of equal employment opportunities to
   91  all persons regardless of race, color, religion, sex, age, or
   92  national origin.
   93         (3) The Board of Governors may is authorized to secure
   94  comprehensive general liability protection, including
   95  professional liability protection, for the not-for-profit
   96  corporation and its subsidiaries pursuant to s. 1004.24. The
   97  not-for-profit corporation and its subsidiaries are shall be
   98  exempt from any participation in any property insurance trust
   99  fund established by law, including any property insurance trust
  100  fund established pursuant to chapter 284, so long as the not
  101  for-profit corporation and its subsidiaries maintain property
  102  insurance protection with comparable or greater coverage limits.
  103         (4) If In the event that the agreement between the not-for
  104  profit corporation and the Board of Trustees of the University
  105  of South Florida Governors is terminated for any reason, the
  106  Board of Governors shall resume governance and operation of such
  107  facilities.
  108         (5) The institute shall be administered by a chief
  109  executive officer who serves shall serve at the pleasure of the
  110  board of directors of the not-for-profit corporation and who has
  111  shall have the following powers and duties subject to the
  112  approval of the board of directors:
  113         (a) The chief executive officer shall establish programs
  114  that which fulfill the mission of the institute in research,
  115  education, treatment, prevention, and the early detection of
  116  cancer; however, the chief executive officer may shall not
  117  establish academic programs for which academic credit is awarded
  118  and which terminate in the conference of a degree without prior
  119  approval of the Board of Governors.
  120         (b) The chief executive officer has shall have control over
  121  the budget and the dollars appropriated or donated to the
  122  institute from private, local, state, and federal sources, as
  123  well as technical and professional income generated or derived
  124  from practice activities of the not-for-profit corporation and
  125  its subsidiaries. Technical and professional income generated
  126  from practice activities may be shared between the not-for
  127  profit corporation and its subsidiaries as determined by the
  128  chief executive officer. However, professional income generated
  129  by state university employees from practice activities at the
  130  not-for-profit corporation and its subsidiaries must shall be
  131  shared between the university and the not-for-profit corporation
  132  and its subsidiaries only as determined by the chief executive
  133  officer and the appropriate university dean or vice president.
  134         (c) The chief executive officer shall appoint members to
  135  carry out the research, patient care, and educational activities
  136  of the institute and determine compensation, benefits, and terms
  137  of service. Members of the institute are shall be eligible to
  138  hold concurrent appointments at affiliated academic
  139  institutions. State university faculty are shall be eligible to
  140  hold concurrent appointments at the institute.
  141         (d) The chief executive officer has shall have control over
  142  the use and assignment of space and equipment within the
  143  facilities.
  144         (e) The chief executive officer has shall have the power to
  145  create the administrative structure necessary to carry out the
  146  mission of the institute.
  147         (f) The chief executive officer shall report annually have
  148  a reporting relationship to the Board of Governors or its
  149  designee on the educational activities of the not-for-profit
  150  corporation.
  151         (g) The chief executive officer shall provide a copy of the
  152  institute’s annual report to the Governor and Cabinet, the
  153  President of the Senate, the Speaker of the House of
  154  Representatives, and the chair of the Board of Governors.
  155         (6) The board of directors of the not-for-profit
  156  corporation shall create an external advisory board a council of
  157  scientific advisers to the chief executive officer comprised of
  158  leading researchers, physicians, and scientists. This board
  159  council shall review programs and recommend research priorities
  160  and initiatives so as to maximize the state’s investment in the
  161  institute. The board council shall be appointed by the board of
  162  directors of the not-for-profit corporation. Each member of the
  163  board council shall be appointed to serve a 2-year term and may
  164  be reappointed to the council.
  165         (7) In carrying out the provisions of this section, the
  166  not-for-profit corporation and its subsidiaries are not
  167  “agencies” within the meaning of s. 20.03(11).
  168         (8)(a) Records of the not-for-profit corporation and of its
  169  subsidiaries are public records unless made confidential or
  170  exempt by law.
  171         (b) Proprietary confidential business information is
  172  confidential and exempt from the provisions of s. 119.07(1) and
  173  s. 24(a), Art. I of the State Constitution. However, the Auditor
  174  General, the Office of Program Policy Analysis and Government
  175  Accountability, and the Board of Governors, pursuant to their
  176  oversight and auditing functions, must be given access to all
  177  proprietary confidential business information upon request and
  178  without subpoena and must maintain the confidentiality of
  179  information so received. As used in this paragraph, the term
  180  “proprietary confidential business information” means
  181  information, regardless of its form or characteristics, which is
  182  owned or controlled by the not-for-profit corporation or its
  183  subsidiaries; is intended to be and is treated by the not-for
  184  profit corporation or its subsidiaries as private and the
  185  disclosure of which would harm the business operations of the
  186  not-for-profit corporation or its subsidiaries; has not been
  187  intentionally disclosed by the corporation or its subsidiaries
  188  unless pursuant to law, an order of a court or administrative
  189  body, a legislative proceeding pursuant to s. 5, Art. III of the
  190  State Constitution, or a private agreement that provides that
  191  the information may be released to the public; and which is
  192  information concerning:
  193         1. Internal auditing controls and reports of internal
  194  auditors;
  195         2. Matters reasonably encompassed in privileged attorney
  196  client communications;
  197         3. Contracts for managed-care arrangements, including
  198  preferred provider organization contracts, health maintenance
  199  organization contracts, and exclusive provider organization
  200  contracts, and any documents directly relating to the
  201  negotiation, performance, and implementation of any such
  202  contracts for managed-care arrangements;
  203         4. Bids or other contractual data, banking records, and
  204  credit agreements the disclosure of which would impair the
  205  efforts of the not-for-profit corporation or its subsidiaries to
  206  contract for goods or services on favorable terms;
  207         5. Information relating to private contractual data, the
  208  disclosure of which would impair the competitive interest of the
  209  provider of the information;
  210         6. Corporate officer and employee personnel information;
  211         7. Information relating to the proceedings and records of
  212  credentialing panels and committees and of the governing board
  213  of the not-for-profit corporation or its subsidiaries relating
  214  to credentialing;
  215         8. Minutes of meetings of the governing board of the not
  216  for-profit corporation and its subsidiaries, except minutes of
  217  meetings open to the public pursuant to subsection (9);
  218         9. Information that reveals plans for marketing services
  219  that the corporation or its subsidiaries reasonably expect to be
  220  provided by competitors;
  221         10. Trade secrets as defined in s. 688.002, including:
  222         a. Information relating to methods of manufacture or
  223  production, potential trade secrets, potentially patentable
  224  materials, or proprietary information received, generated,
  225  ascertained, or discovered during the course of research
  226  conducted by the not-for-profit corporation or its subsidiaries;
  227  and
  228         b. Reimbursement methodologies or rates;
  229         11. The identity of donors or prospective donors of
  230  property who wish to remain anonymous or any information
  231  identifying such donors or prospective donors. The anonymity of
  232  these donors or prospective donors must be maintained in the
  233  auditor’s report; or
  234         12. Any information received by the not-for-profit
  235  corporation or its subsidiaries from an agency in this or
  236  another state or nation or the Federal Government which is
  237  otherwise exempt or confidential pursuant to the laws of this or
  238  another state or nation or pursuant to federal law.
  239  
  240  As used in this paragraph, the term “managed care” means systems
  241  or techniques generally used by third-party payors or their
  242  agents to affect access to and control payment for health care
  243  services. Managed-care techniques most often include one or more
  244  of the following: prior, concurrent, and retrospective review of
  245  the medical necessity and appropriateness of services or site of
  246  services; contracts with selected health care providers;
  247  financial incentives or disincentives related to the use of
  248  specific providers, services, or service sites; controlled
  249  access to and coordination of services by a case manager; and
  250  payor efforts to identify treatment alternatives and modify
  251  benefit restrictions for high-cost patient care.
  252         (9) Meetings of the governing board of the not-for-profit
  253  corporation and meetings of the subsidiaries of the not-for
  254  profit corporation at which the expenditure of dollars
  255  appropriated to the not-for-profit corporation by the state are
  256  discussed or reported must remain open to the public in
  257  accordance with s. 286.011 and s. 24(b), Art. I of the State
  258  Constitution, unless made confidential or exempt by law. Other
  259  meetings of the governing board of the not-for-profit
  260  corporation and of the subsidiaries of the not-for-profit
  261  corporation are exempt from s. 286.011 and s. 24(b), Art. I of
  262  the State Constitution.
  263         (10) In addition to the continuing appropriation to the
  264  institute provided in s. 210.20(2), any appropriation to the
  265  institute provided in a general appropriations act shall be paid
  266  directly to the board of directors of the not-for-profit
  267  corporation by warrant drawn by the Chief Financial Officer from
  268  the State Treasury.
  269  
  270  ================= T I T L E  A M E N D M E N T ================
  271         And the title is amended as follows:
  272         Delete line 122
  273  and insert:
  274         education; amending s. 1004.43, F.S.; transferring
  275         oversight of the H. Lee Moffitt Cancer Center and
  276         Research Institute to the Board of Trustees of the
  277         University of South Florida; requiring the Board of
  278         Trustees to enter into a lease agreement for use of
  279         certain land and facilities; providing for the terms
  280         of the lease; requiring the University of South
  281         Florida and the Florida not-for-profit corporation
  282         that governs and operates the H. Lee Moffitt Cancer
  283         Center and Research Institute to enter into an
  284         agreement to review construction plans and
  285         specifications for consistency of certain criteria;
  286         revising the membership of the board of directors for
  287         the not-for-profit corporation; deleting the
  288         requirement that the Board of Governors provide for
  289         certain approvals of the articles of incorporation of
  290         the not-for-profit corporation and use of land and
  291         facilities for certain purposes; requiring the not
  292         for-profit corporation to cause to be prepared annual
  293         financial audits; requiring the not-for-profit
  294         corporation to provide equal employment opportunities;
  295         providing for the governance and operation of the
  296         facilities if the agreement between the not-for-profit
  297         corporation and the Board of Trustees of the
  298         University of South Florida, rather than the Board of
  299         Governors, is terminated; requiring the chief
  300         executive officer to report annually to the Board of
  301         Governors on the educational activities of the not
  302         for-profit corporation; providing for the creation and
  303         duties of an external advisory board; repealing s.
  304         1004.58, F.S., relating to the