October 22, 2020
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Bill Text: HB 0497
HB 0497 2004
   
1 A bill to be entitled
2          An act relating to health care delivery and research;
3    creating the Florida Center for Universal Research to
4    Eradicate Disease within the Department of Health;
5    providing legislative findings and intent; specifying the
6    purpose and duties of the center; requiring an annual
7    report to the Governor and Legislature; authorizing the
8    department to outsource the duties of the center; creating
9    an advisory council; amending s. 215.5602, F.S.; expanding
10    the long-term goals of the James and Esther King
11    Biomedical Research Program to include the cure of
12    specified diseases; amending s. 215.5601, F.S., relating
13    to the Lawton Chiles Endowment Fund, to conform; creating
14    the Florida Cancer Research Cooperative; providing for a
15    board of directors; providing the cooperative's mission
16    and duties; requiring an annual report to the Florida
17    Center for Universal Research to Eradicate Disease, the
18    Governor, and the Legislature; creating the Florida Public
19    Health Foundation, Inc.; providing the foundation's
20    mission and duties; providing for a board of directors;
21    requiring an annual report to the Florida Center for
22    Universal Research to Eradicate Disease, the Governor, and
23    the Legislature; requiring the foundation to coordinate
24    monthly health awareness campaigns to disseminate
25    information about specified diseases and conditions;
26    providing an effective date.
27         
28          WHEREAS, stimulating activity in strategic sectors of the
29    state's economy produces immeasurable and varied benefits for
30    the people of this state, and
31          WHEREAS, the health sector in particular, including areas
32    such as biotechnology, medical technology, life sciences, and
33    health care education, research, development, and delivery,
34    represents an economic sector with tremendous potential to
35    produce employment, financial, wellness, educational, cost-
36    saving, and other benefits for the people of this state, and
37          WHEREAS, stimulating activity in the health sector of the
38    economy requires a comprehensive and synergistic policy approach
39    that addresses coordinating biomedical and related research
40    programs and opportunities; promoting the development of cures
41    for diseases; facilitating advanced, world-class research in
42    targeted fields of medical science; disseminating information on
43    and increasing awareness of research innovations; and expanding
44    educational opportunities in health and science fields, and
45          WHEREAS, it serves a public purpose and furthers an
46    essential government service to protect the health, safety, and
47    welfare of Floridians, NOW, THEREFORE,
48         
49          Be It Enacted by the Legislature of the State of Florida:
50         
51          Section 1. Florida Center for Universal Research to
52    Eradicate Disease.--
53          (1) The Legislature finds that an estimated 128 million
54    Americans suffer from acute, chronic, and degenerative diseases
55    and that biomedical research is the key to finding cures for
56    these diseases that negatively affect all Floridians. The
57    Legislature further finds that, while there is much research
58    being conducted throughout this state and throughout the world,
59    there is a lack of coordination of efforts among researchers.
60    The Legislature, therefore, finds that there is a significant
61    need for a coordinated effort if the goal of curing disease is
62    to be achieved. Moreover, the Legislature finds that the
63    biomedical technology sector meets the criteria of a high-impact
64    sector, pursuant to section 288.108, Florida Statutes, having a
65    high importance to this state's economy with a significant
66    potential for growth and contribution to our universities and
67    quality of life.
68          (2) It is the intent of the Legislature that Florida
69    strive to become the nation's leader in biomedical research and
70    commit itself to being the state to find cures for the most
71    deadly and widespread diseases. It is further the intent of the
72    Legislature that there be a coordinated effort among the state's
73    public and private universities and the biomedical industry to
74    discover such cures. Moreover, it is the intent of the
75    Legislature to expand the state economy by attracting biomedical
76    researchers and research companies to this state.
77          (3)(a) There is established within the Department of
78    Health the Florida Center for Universal Research to Eradicate
79    Disease, which shall be known as "CURED."
80          (b) The purpose of the center is to coordinate, improve,
81    expand, and monitor all biomedical research programs within the
82    state, facilitate funding opportunities, and foster improved
83    technology transfer of research findings into clinical trials
84    and widespread public use.
85          (c) The goal of the center is to find cures for diseases
86    such as cancer, heart disease, lung disease, diabetes,
87    autoimmune disorders, and neurological disorders, including
88    Alzheimer's disease, epilepsy, and Parkinson's disease.
89          (d) The center shall hold an annual biomedical technology
90    summit in Florida to which biomedical researchers, biomedical
91    technology companies, business incubators, pharmaceutical
92    manufacturers, and others around the nation and world are
93    invited to share biomedical research findings in order to
94    expedite the discovery of cures. Summit attendees shall cover
95    the costs of such attendance or obtain sponsorship for such
96    attendance.
97          (e) The center shall encourage clinical trials in this
98    state on research that holds promise of curing a disease or
99    condition. The center shall facilitate partnerships among
100    researchers, treating physicians, and community hospitals for
101    the purpose of sharing new techniques and new research findings,
102    as well as coordinating voluntary donations to ensure an
103    adequate supply of adult stem cells, placentas, or cord blood.
104          (f) The center shall facilitate the formation of
105    partnerships between researchers in this state and institutions
106    in other states and countries where research with rare plants or
107    animals could lead to cures.
108          (g) The center shall encourage agricultural colleges and
109    agricultural businesses in this state to be active in the search
110    for cures and in providing information to the public about
111    disease prevention.
112          (h) The center shall facilitate partnerships among
113    researchers working to cure all types of diseases, including
114    those that are prevalent in developed countries and those that
115    occur mainly in developing countries.
116          (i) The center shall also encourage the discovery and
117    production in Florida of vaccines that prevent disease.
118          (j) The center shall monitor the supply and demand needs
119    of researchers relating to stem cell research and other types of
120    human tissue research. If the center determines that there is a
121    need for increased donation of human tissue, it shall notify
122    hospitals licensed pursuant to chapter 395, Florida Statutes,
123    which have entered into partnership agreements with research
124    institutes conducting stem cell research located in the same
125    geographic region as the researchers demanding the stem cells or
126    other tissues. Such hospitals shall implement programs that
127    encourage voluntary donations of cord blood or other needed
128    adult tissue.
129          (k) The center shall be funded through private, state, and
130    federal sources.
131          (l) The center shall serve as a registry of all known
132    opportunities for biomedical grants and may assist any public or
133    private biomedical research program in this state in preparing
134    grant requests.
135          (m) The center shall maintain an Internet website with
136    links to peer-reviewed biomedical research. The website shall
137    also contain a list of all known biomedical research being
138    conducted in Florida and shall facilitate communication among
139    researchers and other interested parties.
140          (n) The center shall submit an annual report to the
141    Governor, the President of the Senate, and the Speaker of the
142    House of Representatives no later than January 15 which contains
143    recommendations for legislative change necessary to foster a
144    positive climate for biomedical research in this state.
145          (o) The Department of Health may outsource the duties of
146    the center to a private entity or state university.
147          (4)(a) There is established within the center an advisory
148    council, which shall meet at least annually.
149          (b) The council shall consist of the members of the board
150    of directors of the Florida Research Consortium and at least one
151    representative from:
152          1. The Emerging Technology Commission.
153          2. Enterprise Florida, Inc.
154          3. BioFlorida.
155          4. The Florida Biomedical Research Advisory Council.
156          5. The Florida Medical Foundation.
157          6. Pharmaceutical Research and Manufacturers of America.
158          7. The Florida Tri-Agency Coalition on Smoking and Health.
159          8. The Florida Cancer Research Cooperative, Inc.
160          9. The American Cancer Society, Florida Division, Inc.
161          10. The American Heart Association.
162          11. The American Lung Association of Florida.
163          12. The American Diabetes Association, South Coastal
164    Region.
165          13. The Alzheimer's Association.
166          14. The Epilepsy Foundation.
167          15. The National Parkinson Foundation.
168          16. The Florida Public Health Foundation, Inc.
169          17. Scripps Florida or the entity formed in this state by
170    The Scripps Research Institute.
171          (c) Members of the council shall serve without
172    compensation, and each organization represented shall cover all
173    expenses of its representative.
174          Section 2. Paragraphs (a) and (b) of subsection (1) and
175    subsections (2) and (10) of section 215.5602, Florida Statutes,
176    are amended to read:
177          215.5602 James and Esther King Biomedical Research
178    Program.--
179          (1) There is established within the Department of Health
180    the James and Esther King Biomedical Research Program funded by
181    the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
182    215.5601. The purpose of the James and Esther King Biomedical
183    Research Program is to provide an annual and perpetual source of
184    funding in order to support research initiatives that address
185    the health care problems of Floridians in the areas of tobacco-
186    related cancer, cardiovascular disease, stroke, and pulmonary
187    disease. The long-term goals of the program are to:
188          (a) Improve the health of Floridians by researching better
189    prevention, diagnoses, and treatments, and curesfor cancer,
190    cardiovascular disease, stroke, and pulmonary disease.
191          (b) Expand the foundation of biomedical knowledge relating
192    to the prevention, diagnosis, and treatment, and cureof
193    diseases related to tobacco use, including cancer,
194    cardiovascular disease, stroke, and pulmonary disease.
195          (2) Funds appropriated for the James and Esther King
196    Biomedical Research Program shall be used exclusively for the
197    award of grants and fellowships as established in this section;
198    for research relating to the prevention, diagnosis, and
199    treatment, and cureof diseases related to tobacco use,
200    including cancer, cardiovascular disease, stroke, and pulmonary
201    disease; and for expenses incurred in the administration of this
202    section. Priority shall be granted to research designed to
203    prevent or cure disease.
204          (10) The council shall submit an annual progress report on
205    the state of biomedical research in this state to the Florida
206    Center for Universal Research to Eradicate Disease and tothe
207    Governor, the Secretary of Health, the President of the Senate,
208    and the Speaker of the House of Representatives by February 1.
209    The report must include:
210          (a) A list of research projects supported by grants or
211    fellowships awarded under the program.
212          (b) A list of recipients of program grants or fellowships.
213          (c) A list of publications in peer reviewed journals
214    involving research supported by grants or fellowships awarded
215    under the program.
216          (d) The total amount of biomedical research funding
217    currently flowing into the state.
218          (e) New grants for biomedical research which were funded
219    based on research supported by grants or fellowships awarded
220    under the program.
221          (f) Progress in the prevention, diagnosis, and treatment,
222    and cureof diseases related to tobacco use, including cancer,
223    cardiovascular disease, stroke, and pulmonary disease.
224          Section 3. Paragraph (d) of subsection (1) of section
225    215.5601, Florida Statutes, is amended to read:
226          215.5601 Lawton Chiles Endowment Fund.--
227          (1) LEGISLATIVE INTENT.--It is the intent of the
228    Legislature to:
229          (d) Provide funds to help support public-health and
230    biomedical research for the prevention, diagnosis, and
231    treatment, and cureof diseases related to tobacco use by
232    creating an annual and perpetual source of funding for
233    biomedical research in the state in order to expand the
234    foundation of biomedical knowledge relating to the prevention,
235    diagnosis, and treatment, and cureof diseases related to
236    tobacco use, including cancer, cardiovascular disease, stroke,
237    and pulmonary disease; improve the quality of the state's
238    academic health centers by bringing the advances of biomedical
239    research into the training of physicians and other health care
240    providers; and increase the state's per capita funding for
241    biomedical research by undertaking new initiatives in biomedical
242    research which will attract additional funding from outside the
243    state while also stimulating economic activity in the state in
244    areas related to biomedical research, such as the research and
245    production of pharmaceuticals, biotechnology, and medical
246    devices.
247          Section 4. Florida Cancer Research Cooperative.--
248          (1) Effective July 1, 2004, the Florida Cancer Research
249    Cooperative is established for the purpose of making the State
250    of Florida a world-class center for cancer research.
251          (2)(a) A not-for-profit corporation, acting as an
252    instrumentality of the Florida Dialogue on Cancer, shall be
253    organized for the purpose of governing the affairs of the
254    cooperative.
255          (b) The Florida Cancer Research Cooperative, Inc., may
256    create not-for-profit corporate subsidiaries to fulfill its
257    mission. The not-for-profit corporation and its subsidiaries may
258    receive, hold, invest, and administer property and any moneys
259    acquired from private, local, state, and federal sources, as
260    well as technical and professional income generated or derived
261    from the mission-related activities of the cooperative.
262          (c) The affairs of the not-for-profit corporation shall be
263    managed by a board of directors, which shall consist of:
264          1. The Secretary of Health or his or her designee.
265          2. The Chief Executive Officer of the H. Lee Moffitt
266    Cancer Center or his or her designee.
267          3. The President of the University of Florida Shands
268    Cancer Center or his or her designee.
269          4. The Chief Executive Officer of the University of Miami
270    Sylvester Comprehensive Cancer Center or his or her designee.
271          5. The Chief Executive Officer of the Mayo Clinic,
272    Jacksonville, or his or her designee.
273          6. The Chief Executive Officer of the American Cancer
274    Society, Florida Division, or his or her designee.
275          7. The President of the American Cancer Society, Florida
276    Division Board of Directors, or his or her designee.
277          8. The President of the Florida Society of Clinical
278    Oncology or his or her designee.
279          9. The Chief Executive Officer of Enterprise Florida,
280    Inc., or his or her designee.
281          10. Three representatives from large Florida hospitals or
282    institutions, not delineated in subparagraphs 2.-5., which treat
283    a large volume of cancer patients. One shall be appointed by the
284    Governor, one shall be appointed by the President of the Senate,
285    and one shall be appointed by the Speaker of the House of
286    Representatives.
287          11. Three representatives from community-based, statewide
288    organizations serving populations that experience cancer
289    disparities, one of whom shall be appointed by the Governor, one
290    of whom shall be appointed by the President of the Senate, and
291    one of whom shall be appointed by the Speaker of the House of
292    Representatives.
293          12. One member of the Florida House of Representatives, to
294    be appointed by the Speaker of the House of Representatives.
295          13. One member of the Florida Senate, to be appointed by
296    the President of the Senate.
297          14. Three university presidents, one of whom shall be
298    appointed by the Governor, one of whom shall be appointed by the
299    President of the Senate, and one of whom shall be appointed by
300    the Speaker of the House of Representatives.
301          15. Five representatives from other statewide public
302    health organizations whose missions include public education and
303    the eradication of cancer, three of whom shall be appointed by
304    the Governor, one of whom shall be appointed by the President of
305    the Senate, and one of whom shall be appointed by the Speaker of
306    the House of Representatives.
307          (d) Appointments made by the Speaker of the House of
308    Representatives and the President of the Senate pursuant to
309    paragraph (c) shall be for 2-year terms, concurrent with the
310    bienniums in which they serve as presiding officers.
311          (e) Appointments made by the Governor pursuant to
312    paragraph (c) shall be for 2-year terms, although the Governor
313    may reappoint directors.
314          (f) Members of the board of directors of the not-for-
315    profit corporation or any subsidiaries shall serve without
316    compensation.
317          (3) The cooperative shall issue an annual report to the
318    Florida Center for Universal Research to Eradicate Disease and
319    to the Governor, the Speaker of the House of Representatives,
320    and the President of the Senate, by December 15 of each year,
321    with policy and funding recommendations regarding cancer
322    research capacity in Florida and related issues.
323          Section 5. Florida Cancer Research Cooperative; mission
324    and duties.--
325          (1) The cooperative shall develop and centralize the
326    processes and shared services for expanding cancer research in
327    Florida through:
328          (a) Support through bioinformatics, in order to create a
329    cancer informatics infrastructure that enhances information and
330    resource exchange and integration through researchers working in
331    diverse disciplines to facilitate the full spectrum of cancer
332    investigations.
333          (b) Technical coordination, business development, and
334    support of intellectual property.
335          (c) Development of a statewide cancer clinical trials
336    network as contemplated in section 1.
337          (d) Other activities to support multidisciplinary
338    research.
339          (2) The cooperative shall work in concert with the Florida
340    Center for Universal Research to Eradicate Disease created in
341    section 1 to ensure that the goals of the center are advanced.
342          Section 6. The Florida Public Health Foundation, Inc.;
343    establishment; purpose; mission; duties; board of directors.--
344          (1) The Florida Public Health Foundation, Inc., otherwise
345    referred to in this section as "corporation," is established for
346    the purpose of disseminating breakthrough findings in biomedical
347    research and promoting health awareness in this state.
348          (2) The corporation's mission includes disseminating
349    information about innovative biomedical research and clinical
350    trials in this state as well as making Floridians and their
351    treatment providers aware of specified diseases and conditions
352    and available methods of preventing, diagnosing, treating, and
353    curing those diseases and conditions.
354          (3) The purpose and objective of the corporation shall be
355    to operate exclusively for charitable, scientific, and
356    educational purposes; to protect and improve the health and
357    well-being of Florida's people and environment through
358    partnerships committed to program innovation, education, applied
359    research, and policy development; and to engage in charitable
360    programs dedicated to improving the health of Floridians.
361          (4) The corporation shall be established as a not-for-
362    profit entity qualifying under section 501(c)(3) of the Internal
363    Revenue Code. The corporation may receive, hold, invest, and
364    administer property and any moneys acquired from private, local,
365    state, and federal sources, as well as technical and
366    professional income generated or derived from the mission-
367    related activities of the corporation. The corporation shall
368    have all of the powers conferred upon corporations organized
369    under chapter 617, Florida Statutes.
370          (5) The corporation's duties include procuring funds
371    necessary for accomplishing the purpose and mission of the
372    corporation. The corporation shall strive to complement,
373    supplement, and enhance the missions of the various
374    organizations, entities, and departments represented on its
375    board by serving as the lead corporation in the state for
376    promoting public health awareness.
377          (6) The affairs of the corporation shall be managed by an
378    executive director appointed by a board of directors consisting
379    of:
380          (a) The Secretary of Health or his or her designee.
381          (b) A former member of the Senate appointed by the
382    President of the Senate.
383          (c) A former member of the House of Representatives
384    appointed by the Speaker of the House of Representatives.
385          (d) A representative of the American Heart Association.
386          (e) A representative of the American Cancer Society,
387    Florida Division, Inc.
388          (f) A representative of the American Lung Association of
389    Florida.
390          (g) A representative of the American Diabetes Association,
391    South Coastal Region.
392          (h) A representative of the Alzheimer's Association.
393          (i) A representative of the Epilepsy Foundation.
394          (j) A representative of the National Parkinson Foundation.
395          (k) A representative of the March of Dimes, Florida
396    Chapter.
397          (l) A representative of the Arthritis Foundation, Florida
398    Chapter.
399          (m) A representative of the American Liver Foundation.
400          (n) A representative of the Florida Council for Behavioral
401    Healthcare, Inc.
402          (o) A representative of the Florida Alcohol and Drug Abuse
403    Association, Inc.
404          (p) A representative of Pharmaceutical Research and
405    Manufacturers of America.
406          (q) A representative of the Florida Public Health
407    Association.
408          (r) A representative of the Florida Association of County
409    Health Officers.
410          (s) A public health academician selected by the state
411    health officer.
412          (t) A representative of the Florida Academy of Family
413    Physicians.
414          (u) Three consumers who have demonstrated an interest in
415    protecting the public health appointed by the Florida Public
416    Health Association.
417          (7) Members of the board of directors shall serve for 2-
418    year terms and shall serve without compensation.
419          (8) The corporation, in consultation with the Department
420    of Health and the Florida Center for Universal Research to
421    Eradicate Disease, shall facilitate communication between
422    biomedical researchers and health care providers each month
423    according to the health awareness schedule established by the
424    corporation, in order to ensure ongoing dialogue among
425    researchers, treatment providers, and the department.
426          (9) The corporation and the Department of Health shall
427    enter into partnerships with providers of continuing education
428    for health care practitioners, including, but not limited to,
429    hospitals and state and local medical organizations, to ensure
430    that practitioners are aware of the most recent and complete
431    diagnostic and treatment tools.
432          (10) The corporation shall provide an annual report
433    concerning its activities and finances to the Florida Center for
434    Universal Research to Eradicate Disease by December 15 and shall
435    provide copies of the annual report to the Governor, the
436    President of the Senate, and the Speaker of the House of
437    Representatives.
438          Section 7. Health awareness campaigns.--
439          (1) The Florida Public Health Foundation, Inc., in
440    consultation with the Department of Health, shall coordinate
441    monthly health awareness campaigns with national, state, and
442    local health care organizations and government entities
443    targeting a wide range of the public, including: parents;
444    teachers and other school employees; students in grades 4-12,
445    colleges, and universities; state agency employees; county and
446    local government employees; patients of county health
447    departments; Medicaid recipients; health care professionals and
448    providers; and the public in general.
449          (2) The awareness campaigns shall include the provision of
450    educational information about preventing, detecting, treating,
451    and curing the following diseases or conditions. Additional
452    diseases and conditions that impact the public health may be
453    added by the board of directors of the Florida Public Health
454    Foundation, Inc. However, each of the following diseases or
455    conditions must be included in an awareness campaign during at
456    least 1 month in any 24-month period:
457          (a) Cancer, including breast, prostate, cervical, ovarian,
458    colorectal, and skin cancer and leukemia.
459          (b) Heart disease.
460          (c) Stroke.
461          (d) Lung disease, including asthma and smoking-related
462    disease.
463          (e) Neurological disorders and disease, including
464    Alzheimer's disease, Parkinson's disease, and epilepsy.
465          (f) Gastrointestinal disease.
466          (g) Kidney disease.
467          (h) Diabetes.
468          (i) Liver disease.
469          (j) Autoimmune disorders.
470          (k) Birth defects and prenatal care.
471          (l) Obesity and malnutrition.
472          (m) Sexually transmissible disease.
473          (n) Hepatitis A, hepatitis B, and hepatitis C.
474          (o) Arthritis.
475          (p) Vaccine-preventable diseases.
476          (q) Infectious diseases, including HIV/AIDS.
477          (r) Substance abuse.
478          (s) Mental illness.
479          (3) The health awareness campaigns shall be funded by the
480    Florida Public Health Foundation, Inc., and the Department of
481    Health to the extent that funds are available from public and
482    private sources.
483          (4) Health awareness information shall be disseminated
484    through all available methods, including print, audio, visual,
485    and electronic media.
486          Section 8. This act shall take effect upon becoming a law.
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