| 1 | A bill to be entitled |
| 2 | An act relating to biomedical research; providing |
| 3 | legislative intent; amending s. 215.5602, F.S.; revising |
| 4 | the method for appointing members to the Biomedical |
| 5 | Research Advisory Council; authorizing the Legislature to |
| 6 | annually appropriate funds to the James and Esther King |
| 7 | Biomedical Research Program; providing for transition to |
| 8 | new appointments; amending s. 381.855, F.S.; revising the |
| 9 | purpose of the Florida Center for Universal Research to |
| 10 | Eradicate Disease; requiring the center to provide grants |
| 11 | for cancer research; revising membership of the center's |
| 12 | advisory council; providing for terms of office and the |
| 13 | filling of vacancies; providing for officers, meetings, |
| 14 | and procedure; providing procedures for awarding of cancer |
| 15 | research grants; providing for peer review panels; |
| 16 | providing requirements with respect to ethical conduct and |
| 17 | conflicts of interest; providing for public records and |
| 18 | meetings; authorizing the Legislature to annually |
| 19 | appropriate funds to the Florida Center for Universal |
| 20 | Research to Eradicate Disease; providing for transition to |
| 21 | new appointments; amending s. 381.921, F.S.; revising a |
| 22 | goal of the Florida Cancer Council; creating s. 381.922, |
| 23 | F.S.; establishing the William G. "Bill" Bankhead, Jr., |
| 24 | and David Coley Cancer Research Program within the |
| 25 | Department of Health; providing the purpose of the |
| 26 | program; requiring an annual report; amending s. 561.121, |
| 27 | F.S.; redistributing certain funds collected from taxes on |
| 28 | alcoholic beverages; amending s. 1004.445, F.S.; revising |
| 29 | the method of appointing and filling vacancies on the |
| 30 | board of directors of the Johnnie B. Byrd, Sr., |
| 31 | Alzheimer's Center and Research Institute; requiring |
| 32 | certain information in the annual report; requiring an |
| 33 | annual operating budget; providing procedures for awarding |
| 34 | of Alzheimer's disease research grants; providing for peer |
| 35 | review panels; providing requirements with respect to |
| 36 | ethical conduct, conflicts of interest, and |
| 37 | confidentiality; providing for public records and |
| 38 | meetings; authorizing the Legislature to annually |
| 39 | appropriate funds to the Johnnie B. Byrd, Sr., Alzheimer's |
| 40 | Center and Research Institute; providing for transition to |
| 41 | new appointments; providing appropriations; providing |
| 42 | effective dates. |
| 43 |
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| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
|
| 46 | Section 1. It is the intent of the Legislature to provide |
| 47 | funding to support grants for biomedical research in this state |
| 48 | with the anticipation that sustained funding for biomedical |
| 49 | research over a period of years will lead to an alleviation of |
| 50 | human suffering from diseases such as cancer and Alzheimer's |
| 51 | disease. It is the intent of the Legislature to dramatically |
| 52 | reduce this state's inordinately high cancer burden, reducing |
| 53 | both cancer incidence and mortality, while advancing scientific |
| 54 | endeavors in this state, making this state a world-class leader |
| 55 | in cancer research and treatment. Further, it is the intent of |
| 56 | the Legislature to address the debilitating and deadly effects |
| 57 | of Alzheimer's disease by supporting research in Alzheimer's |
| 58 | disease statewide through the awarding of research grants on a |
| 59 | competitive basis. Additionally, it is the intent of the |
| 60 | Legislature to stimulate dramatic economic development, |
| 61 | particularly in the biotechnology industry, through investment |
| 62 | in this state's biomedical research. |
| 63 | Section 2. Subsection (3) of section 215.5602, Florida |
| 64 | Statutes, is amended, and subsection (11) is added to that |
| 65 | section, to read: |
| 66 | 215.5602 James and Esther King Biomedical Research |
| 67 | Program.-- |
| 68 | (3) There is created within the Department of Health the |
| 69 | Biomedical Research Advisory Council. |
| 70 | (a) The council shall consist of nine members, including: |
| 71 | the chief executive officer of the Florida Division of the |
| 72 | American Cancer Society, or a designee; the chief executive |
| 73 | officer of the Florida/Puerto Rico Affiliate of the American |
| 74 | Heart Association, or a designee; and the chief executive |
| 75 | officer of the American Lung Association of Florida, or a |
| 76 | designee. The Governor shall appoint the remaining six members |
| 77 | of the council, shall be appointed as follows: |
| 78 | 1. The Governor shall appoint two members with expertise |
| 79 | in the field of biomedical research, one member from a research |
| 80 | university in the state, and one member representing the general |
| 81 | population of the state. |
| 82 | 2. The President of the Senate shall appoint one member |
| 83 | with expertise in the field of behavioral or social research. |
| 84 | 3. The Speaker of the House of Representatives shall |
| 85 | appoint one member from a professional medical organization. |
| 86 | 4. One member from a research university in the state. |
| 87 | 5. One member representing the general population of the |
| 88 | state. |
| 89 |
|
| 90 | In making these his or her appointments, the Governor, the |
| 91 | President of the Senate, and the Speaker of the House of |
| 92 | Representatives shall select primarily, but not exclusively, |
| 93 | Floridians with biomedical and lay expertise in the general |
| 94 | areas of cancer, cardiovascular disease, stroke, and pulmonary |
| 95 | disease. The Governor's appointments shall be for a 3-year term |
| 96 | and shall reflect the diversity of the state's population. An |
| 97 | appointed A council member appointed by the Governor may not |
| 98 | serve more than two consecutive terms. |
| 99 | (b) The council shall adopt internal organizational |
| 100 | procedures as necessary for its efficient organization. |
| 101 | (c) The department shall provide such staff, information, |
| 102 | and other assistance as is reasonably necessary to assist the |
| 103 | council in carrying out its responsibilities. |
| 104 | (d) Members of the council shall serve without |
| 105 | compensation, but may receive reimbursement as provided in s. |
| 106 | 112.061 for travel and other necessary expenses incurred in the |
| 107 | performance of their official duties. |
| 108 | (11) The Legislature may annually appropriate funds to the |
| 109 | James and Esther King Biomedical Research Program for the |
| 110 | purposes of this section. |
| 111 | Section 3. All appointments to the Biomedical Research |
| 112 | Advisory Council for the James and Esther King Biomedical |
| 113 | Research Program that were not made in accordance with s. |
| 114 | 215.5602, Florida Statutes, as amended by this act, shall expire |
| 115 | June 30, 2006, but such appointees may continue to serve until |
| 116 | their successors are appointed. This section shall take effect |
| 117 | upon this act becoming a law. |
| 118 | Section 4. Subsections (3) and (5) of section 381.855, |
| 119 | Florida Statutes, are amended, and subsections (6), (7), (8), |
| 120 | and (9) are added to that section, to read: |
| 121 | 381.855 Florida Center for Universal Research to Eradicate |
| 122 | Disease.-- |
| 123 | (3) There is established within the Department of Health |
| 124 | the Florida Center for Universal Research to Eradicate Disease, |
| 125 | which shall be known as "CURED." |
| 126 | (a) The purpose of the center is to coordinate, improve, |
| 127 | expand, and monitor all biomedical research programs within the |
| 128 | state, facilitate funding opportunities, including providing |
| 129 | grants for cancer research through the William G. "Bill" |
| 130 | Bankhead, Jr., and David Coley Cancer Research Program created |
| 131 | in s. 381.922, and foster improved technology transfer of |
| 132 | research findings into clinical trials and widespread public |
| 133 | use. |
| 134 | (b) The goal of the center is to find cures for diseases |
| 135 | such as cancer, heart disease, lung disease, diabetes, |
| 136 | autoimmune disorders, and neurological disorders, including |
| 137 | Alzheimer's disease, epilepsy, and Parkinson's disease. |
| 138 | (c) The center shall hold an annual biomedical technology |
| 139 | summit in Florida to which biomedical researchers, biomedical |
| 140 | technology companies, business incubators, pharmaceutical |
| 141 | manufacturers, and others around the nation and world are |
| 142 | invited to share biomedical research findings in order to |
| 143 | expedite the discovery of cures. Summit attendees shall cover |
| 144 | the costs of such attendance or obtain sponsorship for such |
| 145 | attendance. |
| 146 | (d) The center shall encourage clinical trials in this |
| 147 | state on research that holds promise of curing a disease or |
| 148 | condition. The center shall facilitate partnerships between |
| 149 | researchers, treating physicians, and community hospitals for |
| 150 | the purpose of sharing new techniques and new research findings, |
| 151 | as well as coordinating voluntary donations to ensure an |
| 152 | adequate supply of adult stem cells, placentas, or cord blood. |
| 153 | (e) The center shall facilitate the formation of |
| 154 | partnerships between researchers in this state and institutions |
| 155 | in other states and countries where research with rare plants or |
| 156 | animals could lead to cures. |
| 157 | (f) The center shall encourage agricultural colleges and |
| 158 | agricultural businesses in this state to be active in the search |
| 159 | for cures and in providing information to the public about |
| 160 | disease prevention. |
| 161 | (g) The center shall facilitate partnerships among |
| 162 | researchers working to cure all types of diseases, including |
| 163 | those that are prevalent in developed countries and those that |
| 164 | occur mainly in developing countries. |
| 165 | (h) The center shall also encourage the discovery and |
| 166 | production in Florida of vaccines that prevent disease. |
| 167 | (i) The center shall monitor the supply and demand needs |
| 168 | of researchers relating to stem cell research and other types of |
| 169 | human tissue research. If the center determines that there is a |
| 170 | need for increased donation of human tissue, it shall notify |
| 171 | hospitals licensed pursuant to chapter 395 which have entered |
| 172 | into partnership agreements with research institutes conducting |
| 173 | stem cell research located in the same geographic region as the |
| 174 | researchers demanding the stem cells or other tissues. Such |
| 175 | hospitals shall implement programs that encourage voluntary |
| 176 | donations of cord blood or other needed adult tissue. |
| 177 | (j) The center shall be funded through private, state, and |
| 178 | federal sources. |
| 179 | (k) The center shall serve as a registry of all known |
| 180 | opportunities for biomedical grants and may assist any public or |
| 181 | private biomedical research program in this state in preparing |
| 182 | grant requests. |
| 183 | (l) The center shall provide grants for cancer research to |
| 184 | further the search for cures for cancer. |
| 185 | 1. Emphasis shall be given to the goals enumerated in s. |
| 186 | 381.921, as those goals support the advancement of such cures. |
| 187 | 2. Preference may be given to grant proposals that foster |
| 188 | collaborations between institutions, researchers, and community |
| 189 | practitioners, as such proposals support the advancement of |
| 190 | cures through basic or applied research, including cancer |
| 191 | clinical trials and related networks. |
| 192 | (m)(l) The center shall maintain a website with links to |
| 193 | peer-reviewed biomedical research. The website shall also |
| 194 | contain a list of all known biomedical research being conducted |
| 195 | in Florida and shall facilitate communication among researchers |
| 196 | and other interested parties. |
| 197 | (n)(m) The center shall submit an annual report to the |
| 198 | Governor, the President of the Senate, and the Speaker of the |
| 199 | House of Representatives no later than January 15 which contains |
| 200 | recommendations for legislative change necessary to foster a |
| 201 | positive climate for biomedical research in this state. |
| 202 | (5) There is established within the center an advisory |
| 203 | council that shall meet at least annually. |
| 204 | (a) The council shall consist of one representative from a |
| 205 | Florida not-for-profit institution engaged in basic and clinical |
| 206 | biomedical research and education which receives more than $10 |
| 207 | million in annual grant funding from the National Institutes of |
| 208 | Health, to be appointed by the Secretary of Health from a |
| 209 | different institution each term, and the members of the board of |
| 210 | directors of the Florida Research Consortium and at least one |
| 211 | representative from and appointed by each of the following |
| 212 | entities: |
| 213 | 1. The Emerging Technology Commission. |
| 214 | 2. Enterprise Florida, Inc. |
| 215 | 3. BioFlorida. |
| 216 | 4. The Biomedical Research Advisory Council. |
| 217 | 5. The Florida Medical Foundation. |
| 218 | 6. Pharmaceutical Research and Manufacturers of America. |
| 219 | 7. The Florida Tri-Agency Coalition on Smoking OR Health. |
| 220 | 8. The Florida Cancer Council. |
| 221 | 9. The American Cancer Society, Florida Division, Inc. |
| 222 | 10. The American Heart Association. |
| 223 | 11. The American Lung Association of Florida. |
| 224 | 12. The American Diabetes Association, South Coastal |
| 225 | Region. |
| 226 | 13. The Alzheimer's Association. |
| 227 | 14. The Epilepsy Foundation. |
| 228 | 15. The National Parkinson Foundation. |
| 229 | 16. The Florida Public Health Foundation, Inc. |
| 230 | 17. The Florida Research Consortium Scripps Florida or the |
| 231 | entity formed in this state by The Scripps Research Institute. |
| 232 | (b) Members of the council shall serve without |
| 233 | compensation, and each organization represented shall cover all |
| 234 | expenses of its representative. |
| 235 | (6) Members shall be appointed to 4-year terms of office. |
| 236 | The members of the advisory council shall annually elect a chair |
| 237 | from among the members of the advisory council. Any vacancy on |
| 238 | the advisory council shall be filled in the same manner as the |
| 239 | original appointment. |
| 240 | (7) The advisory council shall meet at least annually, but |
| 241 | may meet as often as it deems necessary to carry out its duties |
| 242 | and responsibilities. The advisory council may take official |
| 243 | action by a majority vote of the members present at any meeting |
| 244 | at which a quorum is present. |
| 245 | (8)(a) Applications for cancer research funding may be |
| 246 | submitted from any university or established research institute |
| 247 | in the state. All qualified investigators in the state, |
| 248 | regardless of institutional affiliation, shall have equal access |
| 249 | and opportunity to compete for the research funding. |
| 250 | Collaborative proposals, including those that advance the |
| 251 | center's goals enumerated in paragraph (3)(l), may be given |
| 252 | preference. Grants shall be awarded by the Secretary of Health, |
| 253 | after consultation with the council, on the basis of scientific |
| 254 | merit, as determined by an open, competitive peer review process |
| 255 | that ensures objectivity, consistency, and high quality. The |
| 256 | following types of applications shall be considered for funding: |
| 257 | 1. Investigator-initiated research grants. |
| 258 | 2. Institutional research grants. |
| 259 | 3. Collaborative research grants, including those that |
| 260 | advance the finding of cures through basic or applied research. |
| 261 | (b) To ensure that all proposals for research funding are |
| 262 | appropriate and are evaluated fairly on the basis of scientific |
| 263 | merit, the Secretary of Health, in consultation with the |
| 264 | council, shall appoint a peer review panel of independent, |
| 265 | scientifically qualified individuals to review the scientific |
| 266 | content of each proposal and establish its scientific priority |
| 267 | score. The priority scores shall be forwarded to the council and |
| 268 | must be considered in determining which proposals shall be |
| 269 | recommended for funding. |
| 270 | (c) The council and the peer review panel shall establish |
| 271 | and follow rigorous guidelines for ethical conduct and adhere to |
| 272 | a strict policy with regard to conflict of interest. A member of |
| 273 | the council or panel may not participate in any discussion or |
| 274 | decision with respect to a research proposal by any firm, |
| 275 | entity, or agency with which the member is associated as a |
| 276 | member of the governing body or as an employee or with which the |
| 277 | member has entered into a contractual arrangement. Meetings of |
| 278 | the council and the peer review panels are subject to chapter |
| 279 | 119, s. 286.011, and s. 24, Art. I of the State Constitution. |
| 280 | (9) The Legislature may annually appropriate funds to the |
| 281 | Florida Center for Universal Research to Eradicate Disease for |
| 282 | research grants and for operating costs. |
| 283 | Section 5. All appointments to the advisory council for |
| 284 | the Florida Center for Universal Research to Eradicate Disease |
| 285 | that were not made in accordance with s. 381.855, Florida |
| 286 | Statutes, as amended by this act, shall expire June 30, 2006, |
| 287 | but such appointees may continue to serve until their successors |
| 288 | are appointed. This section shall take effect upon this act |
| 289 | becoming a law. |
| 290 | Section 6. Subsection (1) of section 381.921, Florida |
| 291 | Statutes, is amended to read: |
| 292 | 381.921 Florida Cancer Council mission and duties.--The |
| 293 | council, which shall work in concert with the Florida Center for |
| 294 | Universal Research to Eradicate Disease to ensure that the goals |
| 295 | of the center are advanced, shall endeavor to dramatically |
| 296 | improve cancer research and treatment in this state through: |
| 297 | (1) Efforts to significantly expand cancer research |
| 298 | capacity in the state by: |
| 299 | (a) Identifying ways to attract new research talent and |
| 300 | attendant national grant-producing researchers to Florida-based |
| 301 | cancer research facilities in this state; |
| 302 | (b) Implementing a peer-reviewed, competitive process to |
| 303 | identify and fund the best proposals to expand cancer research |
| 304 | institutes in this state; |
| 305 | (c) Funding through available resources for those |
| 306 | proposals that demonstrate the greatest opportunity to attract |
| 307 | federal research grants and private financial support; |
| 308 | (d) Encouraging the employment of bioinformatics in order |
| 309 | to create a cancer informatics infrastructure that enhances |
| 310 | information and resource exchange and integration through |
| 311 | researchers working in diverse disciplines, to facilitate the |
| 312 | full spectrum of cancer investigations; |
| 313 | (e) Facilitating the technical coordination, business |
| 314 | development, and support of intellectual property as it relates |
| 315 | to the advancement of cancer research; and |
| 316 | (f) Aiding in other multidisciplinary research-support |
| 317 | activities as they inure to the advancement of cancer research. |
| 318 | Section 7. Section 381.922, Florida Statutes, is created |
| 319 | to read: |
| 320 | 381.922 William G. "Bill" Bankhead, Jr., and David Coley |
| 321 | Cancer Research Program.-- |
| 322 | (1) The William G. "Bill" Bankhead, Jr., and David Coley |
| 323 | Cancer Research Program, which may be otherwise cited as the |
| 324 | "Bankhead-Coley Program," is created within the Department of |
| 325 | Health. The purpose of the program shall be to advance progress |
| 326 | towards cures for cancer through grants awarded through a peer- |
| 327 | reviewed, competitive process pursuant to s. 381.855. |
| 328 | (2) By December 15 of each year, the Department of Health |
| 329 | shall submit to the Governor, the President of the Senate, and |
| 330 | the Speaker of the House of Representatives a report indicating |
| 331 | progress towards the program's mission and making |
| 332 | recommendations that further its purpose. |
| 333 | Section 8. Subsection (1) of section 561.121, Florida |
| 334 | Statutes, is amended to read: |
| 335 | 561.121 Deposit of revenue.-- |
| 336 | (1) All state funds collected pursuant to ss. 563.05, |
| 337 | 564.06, and 565.12 shall be paid into the State Treasury and |
| 338 | disbursed in the following manner: |
| 339 | (a)1. Two percent of monthly collections of the excise |
| 340 | taxes on alcoholic beverages established in ss. 563.05, 564.06, |
| 341 | and 565.12 shall be deposited into the Alcoholic Beverage and |
| 342 | Tobacco Trust Fund to meet the division's appropriation for the |
| 343 | state fiscal year. |
| 344 | 2. Beginning July 1, 2004, there is annually distributed |
| 345 | $15 million to the Grants and Donations Trust Fund within the |
| 346 | Department of Elderly Affairs, and these funds are annually |
| 347 | appropriated to support a contract with the Johnnie B. Byrd, |
| 348 | Sr., Alzheimer's Center and Research Institute at the University |
| 349 | of South Florida for the purposes of conducting research, |
| 350 | developing and operating integrated data projects, and providing |
| 351 | assistance to memory disorder clinics as established in s. |
| 352 | 430.502. |
| 353 | 3. Beginning July 1, 2004, there is annually distributed |
| 354 | $6 million to the Biomedical Research Trust Fund within the |
| 355 | Department of Health, and these funds are annually appropriated |
| 356 | to the James and Esther King Biomedical Research Program. From |
| 357 | these funds, up to $250,000 shall be available annually for the |
| 358 | operating costs of the Florida Center for Universal Research to |
| 359 | Eradicate Disease. |
| 360 | 4. Beginning July 1, 2004, there is annually distributed |
| 361 | $9 million to be paid by warrant drawn by the Chief Financial |
| 362 | Officer upon the State Treasury to Florida State University for |
| 363 | the School of Chiropractic Medicine. Notwithstanding the |
| 364 | provisions of chapter 216, until the School of Chiropractic |
| 365 | Medicine is completely staffed and fully operational, these |
| 366 | funds may be used for any purpose by the university. |
| 367 | (b) The remainder of the funds collected pursuant to ss. |
| 368 | 563.05, 564.06, and 565.12 collection shall be credited to the |
| 369 | General Revenue Fund. |
| 370 | Section 9. Subsections (2) and (6) of section 1004.445, |
| 371 | Florida Statutes, are amended, present subsections (8), (9), and |
| 372 | (10) are renumbered as subsections (9), (10), and (11), |
| 373 | respectively, and new subsections (8) and (12) are added to that |
| 374 | section, to read: |
| 375 | 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 376 | Research Institute.-- |
| 377 | (2)(a) The State Board of Education shall enter into an |
| 378 | agreement for the utilization of the facilities on the campus of |
| 379 | the University of South Florida to be known as the Johnnie B. |
| 380 | Byrd, Sr., Alzheimer's Center and Research Institute, including |
| 381 | all furnishings, equipment, and other chattels used in the |
| 382 | operation of those facilities, with a Florida not-for-profit |
| 383 | corporation organized solely for the purpose of governing and |
| 384 | operating the Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 385 | Research Institute. This not-for-profit corporation, acting as |
| 386 | an instrumentality of the state, shall govern and operate the |
| 387 | Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute |
| 388 | in accordance with the terms of the agreement between the State |
| 389 | Board of Education and the not-for-profit corporation. The not- |
| 390 | for-profit corporation may, with the prior approval of the State |
| 391 | Board of Education, create either for-profit or not-for-profit |
| 392 | corporate subsidiaries, or both, to fulfill its mission. The |
| 393 | not-for-profit corporation and its subsidiaries are authorized |
| 394 | to receive, hold, invest, and administer property and any moneys |
| 395 | acquired from private, local, state, and federal sources, as |
| 396 | well as technical and professional income generated or derived |
| 397 | from practice activities of the institute, for the benefit of |
| 398 | the institute and the fulfillment of its mission. |
| 399 | (b)1. The affairs of the not-for-profit corporation shall |
| 400 | be managed by a board of directors who shall serve without |
| 401 | compensation. The board of directors shall consist of the |
| 402 | President of the University of South Florida and the chair of |
| 403 | the State Board of Education, or their designees, five 5 |
| 404 | representatives of the state universities, and nine no fewer |
| 405 | than 9 nor more than 14 representatives of the public who are |
| 406 | neither medical doctors nor state employees. Each director who |
| 407 | is a representative of a state university or of the public shall |
| 408 | be appointed to serve a term of 3 years. The chair of the board |
| 409 | of directors shall be selected by a majority vote of the |
| 410 | directors. Each director shall have only one vote. |
| 411 | 2. The initial board of directors shall consist of the |
| 412 | President of the University of South Florida and the chair of |
| 413 | the State Board of Education, or their designees; the Of the |
| 414 | five university representatives, of whom one shall be appointed |
| 415 | by the Governor, two by the President of the Senate, and two by |
| 416 | the Speaker of the House of Representatives; and of the nine |
| 417 | public representatives, of whom three shall be appointed by the |
| 418 | Governor, three by the President of the Senate, and three by the |
| 419 | Speaker of the House of Representatives. Upon the expiration of |
| 420 | the terms of the initial appointed directors, all directors |
| 421 | subject to 3-year terms of office under this paragraph shall be |
| 422 | appointed by a majority vote of the directors and the board may |
| 423 | be expanded to include additional public representative |
| 424 | directors up to the maximum number allowed. Any vacancy in |
| 425 | office shall be filled in the same manner as the original |
| 426 | appointment for the remainder of the term by majority vote of |
| 427 | the directors. Any director may be reappointed. |
| 428 | (6) The institute shall be administered by a chief |
| 429 | executive officer, who shall be appointed by and serve at the |
| 430 | pleasure of the board of directors of the not-for-profit |
| 431 | corporation, and who shall exercise the following powers and |
| 432 | duties, subject to the approval of the board of directors: |
| 433 | (a) The chief executive officer shall establish programs |
| 434 | that fulfill the mission of the institute in research, |
| 435 | education, treatment, prevention, and early detection of |
| 436 | Alzheimer's disease; however, the chief executive officer may |
| 437 | not establish academic programs for which academic credit is |
| 438 | awarded and which culminate in the conferring of a degree, |
| 439 | without prior approval of the State Board of Education. |
| 440 | (b) The chief executive officer shall have control over |
| 441 | the budget and the moneys appropriated or donated to the |
| 442 | institute from private, local, state, and federal sources, as |
| 443 | well as technical and professional income generated or derived |
| 444 | from practice activities of the institute. However, professional |
| 445 | income generated by university faculty from practice activities |
| 446 | at the institute shall be shared between the institute and the |
| 447 | university as determined by the chief executive officer and the |
| 448 | appropriate university dean or vice president. |
| 449 | (c) The chief executive officer shall appoint |
| 450 | representatives of the institute to carry out the research, |
| 451 | patient care, and educational activities of the institute and |
| 452 | establish the compensation, benefits, and terms of service of |
| 453 | such representatives. Representatives of the institute shall be |
| 454 | eligible to hold concurrent appointments at affiliated academic |
| 455 | institutions. University faculty shall be eligible to hold |
| 456 | concurrent appointments at the institute. |
| 457 | (d) The chief executive officer shall have control over |
| 458 | the use and assignment of space and equipment within the |
| 459 | facilities. |
| 460 | (e) The chief executive officer shall have the power to |
| 461 | create the administrative structure necessary to carry out the |
| 462 | mission of the institute. |
| 463 | (f) The chief executive officer shall have a reporting |
| 464 | relationship to the Commissioner of Education. |
| 465 | (g) The chief executive officer shall provide a copy of |
| 466 | the institute's annual report to the Governor and Cabinet, the |
| 467 | President of the Senate, the Speaker of the House of |
| 468 | Representatives, and the chair of the State Board of Education. |
| 469 | The annual report shall describe the expenditure of all funds |
| 470 | and shall provide information regarding research that has been |
| 471 | conducted or funded by the center, as well as the expected and |
| 472 | actual results of such research. |
| 473 | (h) By August 1 of each year, the chief executive officer |
| 474 | shall develop and submit to the Governor and Cabinet, the |
| 475 | President of the Senate, the Speaker of the House of |
| 476 | Representatives, and the chair of the State Board of Education |
| 477 | an annual operating budget detailing the planned use of state, |
| 478 | federal, and private funds for the fiscal year. |
| 479 | (8)(a) Applications for Alzheimer's disease research |
| 480 | funding may be submitted from any university or established |
| 481 | research institute in the state. All qualified investigators in |
| 482 | the state, regardless of institutional affiliation, shall have |
| 483 | equal access and opportunity to compete for the research |
| 484 | funding. Grants shall be awarded by the board of directors of |
| 485 | the not-for-profit corporation, after consultation with the |
| 486 | CURED advisory council created under s. 381.855, on the basis of |
| 487 | scientific merit, as determined by an open, competitive peer |
| 488 | review process that ensures objectivity, consistency, and high |
| 489 | quality. The following types of applications shall be considered |
| 490 | for funding: |
| 491 | 1. Investigator-initiated research grants. |
| 492 | 2. Institutional research grants. |
| 493 | (b) To ensure that all proposals for research funding are |
| 494 | appropriate and are evaluated fairly on the basis of scientific |
| 495 | merit, the board of directors of the not-for-profit corporation, |
| 496 | in consultation with the council of scientific advisors, shall |
| 497 | appoint a peer review panel of independent, scientifically |
| 498 | qualified individuals to review the scientific content of each |
| 499 | proposal and establish its scientific priority score. The |
| 500 | priority scores shall be forwarded to the council and must be |
| 501 | considered in determining which proposals shall be recommended |
| 502 | for funding. |
| 503 | (c) The council of scientific advisors and the peer review |
| 504 | panel shall establish and follow rigorous guidelines for ethical |
| 505 | conduct and adhere to a strict policy with regard to conflict of |
| 506 | interest and confidentiality which shall comply with National |
| 507 | Institutes of Health standards. All employees, members of the |
| 508 | board of directors, and affiliates of the not-for-profit |
| 509 | corporation shall follow the same rigorous guidelines for |
| 510 | ethical conduct and shall adhere to the same strict policy with |
| 511 | regard to conflict of interest and confidentiality. A member of |
| 512 | the council or panel may not participate in any discussion or |
| 513 | decision with respect to a research proposal by any firm, |
| 514 | entity, or agency with which the member is associated as a |
| 515 | member of the governing body or as an employee or with which the |
| 516 | member has entered into a contractual arrangement. Meetings of |
| 517 | the council and the peer review panels are subject to chapter |
| 518 | 119, s. 286.011, and s. 24, Art. I of the State Constitution. |
| 519 | (12) The Legislature may annually appropriate funds to the |
| 520 | Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute |
| 521 | at the University of South Florida for the purposes of this |
| 522 | section. |
| 523 | Section 10. All appointments to the board of directors of |
| 524 | the not-for-profit corporation for the Johnnie B. Byrd, Sr., |
| 525 | Alzheimer's Center and Research Institute that were not made in |
| 526 | accordance with s. 1004.445, Florida Statutes, as amended by |
| 527 | this act, shall expire June 30, 2006, but such appointees may |
| 528 | continue to serve until their successors are appointed. This |
| 529 | section shall take effect upon this act becoming a law. |
| 530 | Section 11. (1) The sum of $6 million is appropriated |
| 531 | from the General Revenue Fund to the Biomedical Research Trust |
| 532 | Fund in the Department of Health for fiscal year 2006-2007 for |
| 533 | purposes of the James and Esther King Biomedical Research |
| 534 | Program pursuant to s. 215.5602, Florida Statutes. |
| 535 | (2) The sum of $9 million is appropriated from the General |
| 536 | Revenue Fund to the Florida Center for Universal Research to |
| 537 | Eradicate Disease within the Department of Health for fiscal |
| 538 | year 2006-2007 to be distributed pursuant to s. 381.855, Florida |
| 539 | Statutes, to provide grants to researchers seeking cures for |
| 540 | cancer, with emphasis given to the goals enumerated in s. |
| 541 | 381.921, Florida Statutes. |
| 542 | (3) The sum of $15 million is appropriated from the |
| 543 | General Revenue Fund to the Johnnie B. Byrd, Sr., Alzheimer's |
| 544 | Center and Research Institute at the University of South Florida |
| 545 | for fiscal year 2006-2007 for the purposes of conducting |
| 546 | research, developing and operating integrated data projects, and |
| 547 | providing assistance to memory disorder clinics as provided |
| 548 | under s. 430.502, Florida Statutes. Not less than 80 percent of |
| 549 | these funds shall be distributed by the center as institutional |
| 550 | research grants or investigator-initiated research grants. |
| 551 | Section 12. Except as otherwise expressly provided in this |
| 552 | act and except for this section, which shall take effect upon |
| 553 | this act becoming a law, this act shall take effect July 1, |
| 554 | 2006. |