December 14, 2019
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       Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7004
       
       
       
       FOR CONSIDERATION By the Committee on Health Regulation
       
       
       
       
       588-00529B-10                                         20107004__
    1                        A bill to be entitled                      
    2         An act relating to biomedical research programs;
    3         amending s. 215.5602, F.S.; deleting provisions
    4         requiring that the James and Esther King Biomedical
    5         Research Program be funded by proceeds from the Lawton
    6         Chiles Endowment Fund; modifying the terms and
    7         establishing a staggered membership for appointed
    8         members of the Biomedical Research Advisory Council;
    9         requiring the Department of Health to adopt rules to
   10         administer the James and Esther King Biomedical
   11         Research Program and the William G. “Bill” Bankhead,
   12         Jr., and David Coley Cancer Research Program;
   13         requiring the council to recommend to the State
   14         Surgeon General, rather than award, grants for cancer
   15         research through the William G. “Bill” Bankhead, Jr.,
   16         and David Coley Cancer Research Program; authorizing
   17         the Department of Health to accept and use gifts for
   18         awards under the James and Esther King Biomedical
   19         Research Program; deleting obsolete provisions;
   20         deleting a provision providing for the future
   21         expiration of the James and Esther King Biomedical
   22         Research Program; amending s. 381.922, F.S.; providing
   23         a funding source for the William G. “Bill” Bankhead,
   24         Jr., and David Coley Cancer Research Program;
   25         authorizing the Department of Health to accept and use
   26         gifts for awards under the William G. “Bill” Bankhead,
   27         Jr., and David Coley Cancer Research Program; deleting
   28         obsolete provisions; deleting provisions providing for
   29         the future expiration of the William G. “Bill”
   30         Bankhead, Jr., and David Coley Cancer Research
   31         Program; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 215.5602, Florida Statutes, is amended
   36  to read:
   37         215.5602 James and Esther King Biomedical Research
   38  Program.—
   39         (1) There is established within the Department of Health
   40  the James and Esther King Biomedical Research Program funded by
   41  the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
   42  215.5601. The purpose of the James and Esther King Biomedical
   43  Research Program is to provide an annual and perpetual source of
   44  funding in order to support research initiatives that address
   45  the health care problems of Floridians in the areas of tobacco
   46  related cancer, cardiovascular disease, stroke, and pulmonary
   47  disease. The long-term goals of the program are to:
   48         (a) Improve the health of Floridians by researching better
   49  prevention, diagnoses, treatments, and cures for cancer,
   50  cardiovascular disease, stroke, and pulmonary disease.
   51         (b) Expand the foundation of biomedical knowledge relating
   52  to the prevention, diagnosis, treatment, and cure of diseases
   53  related to tobacco use, including cancer, cardiovascular
   54  disease, stroke, and pulmonary disease.
   55         (c) Improve the quality of the state’s academic health
   56  centers by bringing the advances of biomedical research into the
   57  training of physicians and other health care providers.
   58         (d) Increase the state’s per capita funding for research by
   59  undertaking new initiatives in public health and biomedical
   60  research that will attract additional funding from outside the
   61  state.
   62         (e) Stimulate economic activity in the state in areas
   63  related to biomedical research, such as the research and
   64  production of pharmaceuticals, biotechnology, and medical
   65  devices.
   66         (2) Funds appropriated for the James and Esther King
   67  Biomedical Research Program shall be used exclusively for the
   68  award of grants and fellowships as established in this section;
   69  for research relating to the prevention, diagnosis, treatment,
   70  and cure of diseases related to tobacco use, including cancer,
   71  cardiovascular disease, stroke, and pulmonary disease; and for
   72  expenses incurred in the administration of this section; and as
   73  provided in paragraph (12)(a). Priority shall be granted to
   74  research designed to prevent or cure disease.
   75         (3) There is created within the Department of Health the
   76  Biomedical Research Advisory Council.
   77         (a) The council shall consist of 11 members, including: the
   78  chief executive officer of the Florida Division of the American
   79  Cancer Society, or a designee; the chief executive officer of
   80  the Florida/Puerto Rico Affiliate of the American Heart
   81  Association, or a designee; and the chief executive officer of
   82  the American Lung Association of Florida, or a designee. The
   83  remaining 8 members of the council shall be appointed as
   84  follows:
   85         1. The Governor shall appoint four members, two members
   86  with expertise in the field of biomedical research, one member
   87  from a research university in the state, and one member
   88  representing the general population of the state.
   89         2. The President of the Senate shall appoint two members,
   90  one member with expertise in the field of behavioral or social
   91  research and one representative from a cancer program approved
   92  by the American College of Surgeons.
   93         3. The Speaker of the House of Representatives shall
   94  appoint two members, one member from a professional medical
   95  organization and one representative from a cancer program
   96  approved by the American College of Surgeons.
   97  
   98  In making these appointments, the Governor, the President of the
   99  Senate, and the Speaker of the House of Representatives shall
  100  select primarily, but not exclusively, Floridians with
  101  biomedical and lay expertise in the general areas of cancer,
  102  cardiovascular disease, stroke, and pulmonary disease. The
  103  appointments shall be for 4-year staggered terms a 3-year term
  104  and shall reflect the diversity of the state’s population. An
  105  appointed member may not serve more than two consecutive terms.
  106  The first two appointments by the Governor and the first
  107  appointment by the President of the Senate and the Speaker of
  108  the House of Representatives on or after July 1, 2010, shall be
  109  for a term of 2 years.
  110         (b) The council shall adopt internal organizational
  111  procedures as necessary for its efficient organization.
  112         (c) The department shall provide such staff, information,
  113  and other assistance as is reasonably necessary to assist the
  114  council in carrying out its responsibilities.
  115         (d) Members of the council shall serve without
  116  compensation, but are entitled to may receive reimbursement as
  117  provided in s. 112.061 for travel and other necessary expenses
  118  incurred in the performance of their official duties.
  119         (4) The council shall advise the State Surgeon General as
  120  to the direction and scope of the biomedical research program.
  121  The responsibilities of the council may include, but are not
  122  limited to:
  123         (a) Providing advice on program priorities and emphases.
  124         (b) Providing advice on the overall program budget.
  125         (c) Participating in periodic program evaluation.
  126         (d) Assisting in the development of guidelines to ensure
  127  fairness, neutrality, and adherence to the principles of merit
  128  and quality in the conduct of the program.
  129         (e) Assisting in the development of appropriate linkages to
  130  nonacademic entities, such as voluntary organizations, health
  131  care delivery institutions, industry, government agencies, and
  132  public officials.
  133         (f) Developing criteria and standards for the award of
  134  research grants.
  135         (g) Developing administrative procedures relating to
  136  solicitation, review, and award of research grants and
  137  fellowships, to ensure an impartial, high-quality peer review
  138  system.
  139         (h) Developing and supervising research peer review panels.
  140         (i) Reviewing reports of peer review panels and making
  141  recommendations for research grants and fellowships.
  142         (j) Developing and providing oversight regarding mechanisms
  143  for the dissemination of research results.
  144         (5)(a) Applications for biomedical research funding under
  145  the program may be submitted from any university or established
  146  research institute in the state. All qualified investigators in
  147  the state, regardless of institution affiliation, shall have
  148  equal access and opportunity to compete for the research
  149  funding.
  150         (b) Grants and fellowships shall be awarded by the State
  151  Surgeon General, after consultation with the council, on the
  152  basis of scientific merit, as determined by an open competitive
  153  peer review process that ensures objectivity, consistency, and
  154  high quality. The following types of applications shall be
  155  considered for funding:
  156         1. Investigator-initiated research grants.
  157         2. Institutional research grants.
  158         3. Predoctoral and postdoctoral research fellowships.
  159         (6) To ensure that all proposals for research funding are
  160  appropriate and are evaluated fairly on the basis of scientific
  161  merit, the State Surgeon General, in consultation with the
  162  council, shall appoint a peer review panel of independent,
  163  scientifically qualified individuals to review the scientific
  164  content of each proposal and establish its scientific priority
  165  score. The priority scores shall be forwarded to the council and
  166  must be considered in determining which proposals shall be
  167  recommended for funding.
  168         (7) The council and the peer review panel shall establish
  169  and follow rigorous guidelines for ethical conduct and adhere to
  170  a strict policy with regard to conflict of interest. A member of
  171  the council or panel may not participate in any discussion or
  172  decision with respect to a research proposal by any firm,
  173  entity, or agency with which the member is associated as a
  174  member of the governing body or as an employee, or with which
  175  the member has entered into a contractual arrangement. Meetings
  176  of the council and the peer review panels shall be subject to
  177  the provisions of chapter 119, s. 286.011, and s. 24, Art. I of
  178  the State Constitution.
  179         (8) The Department of Health may contract on a competitive
  180  bid basis with an appropriate entity to administer the program.
  181  Administrative expenses may not exceed 15 percent of the total
  182  funds available to the program in any given year.
  183         (9) The Department of Health, after consultation with the
  184  council, shall may adopt rules as necessary to administer
  185  implement this section and s. 381.922.
  186         (10) The council shall submit an annual progress report on
  187  the state of biomedical research in this state to the Florida
  188  Center for Universal Research to Eradicate Disease and to the
  189  Governor, the State Surgeon General, the President of the
  190  Senate, and the Speaker of the House of Representatives by
  191  February 1. The report must include:
  192         (a) A list of research projects supported by grants or
  193  fellowships awarded under the program.
  194         (b) A list of recipients of program grants or fellowships.
  195         (c) A list of publications in peer reviewed journals
  196  involving research supported by grants or fellowships awarded
  197  under the program.
  198         (d) The total amount of biomedical research funding
  199  currently flowing into the state.
  200         (e) New grants for biomedical research which were funded
  201  based on research supported by grants or fellowships awarded
  202  under the program.
  203         (f) Progress in the prevention, diagnosis, treatment, and
  204  cure of diseases related to tobacco use, including cancer,
  205  cardiovascular disease, stroke, and pulmonary disease.
  206         (11) The council shall recommend to the State Surgeon
  207  General award grants for cancer research through the William G.
  208  “Bill” Bankhead, Jr., and David Coley Cancer Research Program
  209  created in s. 381.922.
  210         (12)(a) From funds appropriated to accomplish the goals of
  211  this section, up to $250,000 shall be available for the
  212  operating costs of the Florida Center for Universal Research to
  213  Eradicate Disease.
  214         (b)(a) Beginning in the 2009-2010 fiscal year and
  215  thereafter, 5 percent of the revenue deposited into the Health
  216  Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
  217  be reserved for research of tobacco-related or cancer-related
  218  illnesses through the James and Esther King Biomedical Research
  219  Program and the William G. “Bill” Bankhead, Jr., and David Coley
  220  Cancer Research Program; however, the sum of the revenue
  221  reserved pursuant to ss. 210.011(9) and 210.276(7) may not
  222  exceed $50 million in any fiscal year.
  223         (b)In the 2009-2010 fiscal year, 2.5 percent, not to
  224  exceed $25 million, of the revenue deposited into the Health
  225  Care Trust Fund pursuant to this subsection shall be transferred
  226  to the Biomedical Research Trust Fund within the Department of
  227  Health for the James and Esther King Biomedical Research
  228  Program.
  229         (13) The Department of Health may accept gifts made
  230  unconditionally by will or otherwise, deposit them into the
  231  Biomedical Research Trust Fund, and use them for grant or
  232  fellowship awards in the James and Esther King Biomedical
  233  Research Program. Any gift made under conditions that, in the
  234  judgment of the department, upon consultation with the council,
  235  are proper and consistent with this section, the laws of the
  236  United States, and state law, may be accepted and shall be held,
  237  invested, reinvested, and used in accordance with the conditions
  238  of the gift. By June 1, 2009, the Division of Statutory Revision
  239  of the Office of Legislative Services shall certify to the
  240  President of the Senate and the Speaker of the House of
  241  Representatives the language and statutory citation of this
  242  section, which is scheduled to expire January 1, 2011.
  243         (14)The Legislature shall review the performance, the
  244  outcomes, and the financial management of the James and Esther
  245  King Biomedical Research Program during the 2010 Regular Session
  246  of the Legislature and shall determine the most appropriate
  247  funding source and means of funding the program based on its
  248  review.
  249         (15)This section expires January 1, 2011, unless reviewed
  250  and reenacted by the Legislature before that date.
  251         Section 2. Subsections (5), (6), (7), and (8) of section
  252  381.922, Florida Statutes, are amended to read:
  253         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  254  Cancer Research Program.—
  255         (5) The William G. “Bill” Bankhead, Jr., and David Coley
  256  Cancer Research Program is funded pursuant to s. 215.5602(12)
  257  and this section. Funds appropriated for the William G. “Bill”
  258  Bankhead, Jr., and David Coley Cancer Research Program shall be
  259  distributed pursuant to this section to provide grants to
  260  researchers seeking cures for cancer and cancer-related
  261  illnesses, with emphasis given to the goals enumerated in s.
  262  381.921. From the total funds appropriated, an amount of up to
  263  10 percent may be used for administrative expenses. In the 2009
  264  2010 fiscal year, 2.5 percent, not to exceed $25 million, of the
  265  revenue deposited into the Health Care Trust Fund pursuant to s.
  266  215.5602(12)(a) shall be transferred to the Biomedical Research
  267  Trust Fund within the Department of Health for the William G.
  268  “Bill” Bankhead, Jr., and David Coley Cancer Research Program.
  269         (6) The Department of Health may accept gifts made
  270  unconditionally by will or otherwise, deposit them into the
  271  Biomedical Research Trust Fund, and use them for grant awards in
  272  the William G. “Bill” Bankhead, Jr., and David Coley Cancer
  273  Research Program. Any gift made under conditions that, in the
  274  judgment of the department, upon consultation with the council,
  275  are proper and consistent with this section, the laws of the
  276  United States, and state law, may be accepted and shall be held,
  277  invested, reinvested, and used in accordance with the conditions
  278  of the gift. By June 1, 2009, the Division of Statutory Revision
  279  of the Office of Legislative Services shall certify to the
  280  President of the Senate and the Speaker of the House of
  281  Representatives the language and statutory citation of this
  282  section, which is scheduled to expire January 1, 2011.
  283         (7)The Legislature shall review the performance, the
  284  outcomes, and the financial management of the William G. “Bill”
  285  Bankhead, Jr., and David Coley Cancer Research Program during
  286  the 2010 Regular Session of the Legislature and shall determine
  287  the most appropriate funding source and means of funding the
  288  program based on its review.
  289         (8)This section expires January 1, 2011, unless reviewed
  290  and reenacted by the Legislature before that date.
  291         Section 3. This act shall take effect July 1, 2010.

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