CS/HB 7079

1
A bill to be entitled
2An act relating to biomedical research; amending s.
320.435, F.S.; deleting a reference to conform to changes
4made by this act; revising the time by which certain
5balances of appropriations from the Biomedical Research
6Trust Fund may be carried forward; amending s. 215.5601,
7F.S.; revising a provision relating to the Lawton Chiles
8Endowment Fund to conform to changes made by this act;
9amending s. 215.5602, F.S.; providing legislative findings
10and intent; revising provisions relating to the James and
11Esther King Biomedical Research Program; revising
12provisions relating to program funds and funding; revising
13long-term goals of the program; revising membership
14provisions relating to the Biomedical Research Advisory
15Council; providing that the council serves as the
16exclusive source of certain biomedical research grant and
17fellowship awards; requiring the council to create
18committees; providing requirements for the committees;
19revising duties of the council; requiring the council to
20submit a list of priorities for funding to the
21Legislature; providing for criteria for ranking
22priorities; providing for the award of grants or
23fellowships by the council upon a specific appropriation;
24providing restrictions on the recommendation or award of
25grants or fellowships by other programs and entities;
26deleting references to conform to changes made by this
27act; reducing the limits on administrative expenses;
28revising requirements relating to the council's annual
29progress report; revising provisions relating to
30appropriations; amending s. 381.79, F.S.; providing for
31the expiration of a provision relating to the distribution
32of funds from the Brain and Spinal Cord Injury Program
33Trust Fund; amending s. 381.853, F.S.; providing a
34requirement for the Florida Center for Brain Tumor
35Research relating to the use of state funds for biomedical
36research; amending ss. 381.912 and 381.98, F.S.; revising
37and removing references to conform to changes made by this
38act; amending s. 381.922, F.S.; revising cross-references
39to conform to changes made by this act; revising the
40future repeal of the William G. "Bill" Bankhead, Jr., and
41David Coley Cancer Research Program; creating s. 381.923,
42F.S.; creating the William G. "Bill" Bankhead, Jr., and
43David Coley Cancer Research Council within the Department
44of Health; providing for duties and functions of the
45council; providing for membership; providing a requirement
46for the council to issue an annual report; providing the
47mission and duties of the Bankhead-Coley Cancer Council;
48amending s. 430.501, F.S.; providing a requirement for the
49Alzheimer's Disease Advisory Committee relating to the use
50of state funds for biomedical research grants or
51fellowships; amending s. 1004.445, F.S.; providing for the
52future repeal of provisions and the appropriation relating
53to certain grants awarded for Alzheimer's disease
54research; providing a requirement for the Johnnie B. Byrd,
55Sr., Alzheimer's Center and Research Institute relating to
56the use of state funds for biomedical research grants or
57fellowships; repealing s. 381.855, F.S., relating to the
58Florida Center for Universal Research to Eradicate
59Disease; repealing s. 381.92, F.S., relating to the
60Florida Cancer Council; repealing s. 381.921, F.S.,
61relating to the Florida Cancer Council's mission and
62duties; providing for severability; providing an effective
63date.
64
65     WHEREAS, the Legislature finds that the health of
66Floridians is of utmost importance, and
67     WHEREAS, continuing and promoting biomedical research in
68the state is key to finding cures for the most deadly and
69widespread acute, chronic, and degenerative diseases affecting
70millions of Floridians, and
71     WHEREAS, there are a number of agencies, councils,
72committees, and other nonprofit entities within the state that
73are currently awarding state dollars for grants or fellowships
74for biomedical research in order to find cures for and improve
75treatment of various diseases affecting Floridians, and
76     WHEREAS, the most effective and efficient use of state
77biomedical research dollars is to establish a single,
78comprehensive program to review grant and fellowship proposals
79and make recommendations to the Legislature for funding of
80biomedical research grants and fellowships using state funds,
81and
82     WHEREAS, the consolidated process for awarding state-funded
83grants and fellowships for biomedical research in the state of
84Florida will also serve to enhance, encourage, and coordinate
85biomedical research programs within the state and foster
86improved transfer of research findings into clinical trials and
87widespread public use, NOW, THEREFORE,
88
89Be It Enacted by the Legislature of the State of Florida:
90
91     Section 1.  Paragraph (h) of subsection (1) of section
9220.435, Florida Statutes, is amended to read:
93     20.435  Department of Health; trust funds.--
94     (1)  The following trust funds are hereby created, to be
95administered by the Department of Health:
96     (h)  Biomedical Research Trust Fund.
97     1.  Funds to be credited to the trust fund shall consist of
98funds deposited pursuant to s. 215.5601 and any other funds
99appropriated by the Legislature. Funds shall be used for the
100purposes of the James and Esther King Biomedical Research
101Program and the William G. "Bill" Bankhead, Jr., and David Coley
102Cancer Research Program as specified in ss. 215.5602 and,
103288.955, and 381.922. The trust fund is exempt from the service
104charges imposed by s. 215.20.
105     2.  Notwithstanding the provisions of s. 216.301 and
106pursuant to s. 216.351, any balance in the trust fund at the end
107of any fiscal year shall remain in the trust fund at the end of
108the year and shall be available for carrying out the purposes of
109the trust fund. The department may invest these funds
110independently through the Chief Financial Officer or may
111negotiate a trust agreement with the State Board of
112Administration for the investment management of any balance in
113the trust fund.
114     3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
115any balance of any appropriation from the Biomedical Research
116Trust Fund which is not disbursed but which is obligated
117pursuant to contract or committed to be expended may be carried
118forward for up to 5 3 years following the effective date of the
119original appropriation.
120     4.  The trust fund shall, unless terminated sooner, be
121terminated on July 1, 2008.
122     Section 2.  Paragraph (d) of subsection (1) of section
123215.5601, Florida Statutes, is amended to read:
124     215.5601  Lawton Chiles Endowment Fund.--
125     (1)  LEGISLATIVE INTENT.--It is the intent of the
126Legislature to:
127     (d)  Provide funds to help support public-health and
128biomedical research for the prevention, diagnosis, treatment,
129and cure of diseases related to tobacco use by creating an
130annual and perpetual source of funding for biomedical research
131in the state through the James and Esther King Biomedical
132Research Program in order to expand the foundation of biomedical
133knowledge relating to the prevention, diagnosis, treatment, and
134cure of diseases related to tobacco use, including cancer,
135cardiovascular disease, stroke, and pulmonary disease; improve
136the quality of the state's academic health centers by bringing
137the advances of biomedical research into the training of
138physicians and other health care providers; and increase the
139state's per capita funding for biomedical research by
140undertaking new initiatives in biomedical research which will
141attract additional funding from outside the state while also
142stimulating economic activity in the state in areas related to
143biomedical research, such as the research and production of
144pharmaceuticals, biotechnology, and medical devices.
145     Section 3.  Section 215.5602, Florida Statutes, is amended
146to read:
147     215.5602  James and Esther King Biomedical Research
148Program.--
149     (1)  The Legislature finds that an estimated 128 million
150Americans, many of them Floridians, suffer from acute, chronic,
151and degenerative diseases and that biomedical research is the
152key to finding cures for these diseases. The Legislature further
153finds that the biomedical technology sector meets the criteria
154of a high-impact sector, pursuant to s. 288.108, having high
155importance to this state's economy with a significant potential
156for growth and contribution to the state's universities and
157quality of life.
158     (2)  It is the intent of the Legislature that this state
159strive to become the nation's leader in biomedical research and
160commit itself to being the state to find cures for the most
161deadly and widespread diseases. Moreover, it is the intent of
162the Legislature to expand the state's economy by attracting
163biomedical researchers and research companies to this state.
164     (3)(1)  There is established within the Department of
165Health the James and Esther King Biomedical Research Program
166funded by the proceeds of the Lawton Chiles Endowment Fund
167pursuant to s. 215.5601 and the Biomedical Research Trust Fund
168within the Department of Health pursuant to s. 20.435(1)(h). The
169purpose of the James and Esther King Biomedical Research program
170is to provide an annual and perpetual source of funding for
171biomedical in order to support research initiatives that address
172the health care problems of Floridians in the areas of tobacco-
173related cancer, cardiovascular disease, stroke, and pulmonary
174disease. The long-term goals of the program are to:
175     (a)  Improve the health of Floridians by researching better
176prevention, diagnoses, treatments, and cures for the most deadly
177and widespread diseases, including, but not limited to, tobacco-
178related diseases, cancer, cardiovascular disease, stroke, and
179pulmonary disease, diabetes, autoimmune and genetic disorders,
180and neurological disorders, including Alzheimer's disease,
181epilepsy, and Parkinson's disease.
182     (b)  Expand the foundation of biomedical knowledge relating
183to the prevention, diagnosis, treatment, and cure of diseases
184related to tobacco use, including cancer, cardiovascular
185disease, stroke, and pulmonary disease.
186     (c)  Expand the foundation of biomedical knowledge relating
187to the prevention, diagnosis, treatment, and cure of the most
188deadly and widespread diseases affecting Floridians.
189     (d)(c)  Improve the quality of the state's academic health
190centers by bringing the advances of biomedical research into the
191training of physicians and other health care providers.
192     (e)(d)  Increase the state's per capita funding for
193research by undertaking new initiatives in public health and
194biomedical research that will attract additional funding from
195outside the state.
196     (f)(e)  Stimulate economic activity in the state in areas
197related to biomedical research, such as the research and
198production of pharmaceuticals, biotechnology, and medical
199devices.
200     (g)  Facilitate communication among biomedical researchers
201and health care providers in order to ensure an ongoing dialogue
202between researchers, treatment providers, and the department.
203     (h)  Coordinate, improve, expand, and monitor all
204biomedical research programs within the state funded with state
205funds, facilitate funding opportunities, and foster improved
206technology transfer of research findings into clinical trials
207and widespread public use.
208     (i)  Hold periodic biomedical research summits in this
209state at which biomedical researchers, biomedical technology
210companies, business incubators, pharmaceutical manufacturers,
211and others around the nation and world are invited to share
212biomedical research findings in order to expedite the discovery
213of cures. Summit attendees shall cover the costs of such
214attendance or obtain sponsorship for such attendance.
215     (j)  Encourage clinical trials in this state on research
216that holds promise of curing a disease or condition.
217     (k)  Encourage partnerships among researchers in this state
218and institutions in other states and countries in promising new
219areas of research.
220     (l)  Encourage partnerships and the sharing of information
221among researchers working to cure all types of diseases,
222including those that are prevalent in developed countries and
223those that occur mainly in developing countries but could impact
224the state through mobile populations.
225     (m)  Encourage the discovery and production in this state
226of vaccines that prevent disease.
227     (4)(2)  Funds appropriated for the James and Esther King
228Biomedical Research Program shall be used exclusively for the
229award of grants and fellowships as established in this section;
230for research relating to the prevention, diagnosis, treatment,
231and cure of diseases affecting Floridians related to tobacco
232use, including cancer, cardiovascular disease, stroke, and
233pulmonary disease; and for expenses incurred in the
234administration of this section. Beginning July 1, 2008, funds
235appropriated for the James and Esther King Biomedical Research
236Program shall be the exclusive source of state funds used for
237the award of biomedical research grants and fellowships in this
238state. Priority shall be granted to research designed to prevent
239or cure disease.
240     (5)(3)  There is created within the James and Esther King
241Biomedical Research Program in the Department of Health the
242Biomedical Research Advisory Council.
243     (a)  The council shall consist of 36 11 members, including:
244the Secretary of Health, or a designee; the chief executive
245officer of Enterprise Florida, Inc., or a designee; the chief
246executive officer of the Florida Division of the American Cancer
247Society, or a designee; the chief executive officer of the
248Greater Southeast Florida/Puerto Rico Affiliate of the American
249Heart Association, or a designee; and the chief executive
250officer of the American Lung Association of Florida, or a
251designee; the chief executive officer of the H. Lee Moffitt
252Cancer Center, or a designee; the director of the University of
253Florida Shands Cancer Center, or a designee; the chief executive
254officer of the University of Miami Sylvester Comprehensive
255Cancer Center, or a designee; the chief executive officer of the
256Mayo Clinic, Jacksonville, or a designee; the president of the
257Florida Society of Clinical Oncology, or a designee; and the
258chief executive officer of the Johnnie B. Byrd, Sr., Alzheimer's
259Center and Research Institute, or a designee. The remaining 25 8
260members of the council shall be appointed as follows:
261     1.  The Governor shall appoint thirteen four members as
262follows:, two members with expertise in the field of biomedical
263research, one member from a research university in the state,
264one representative of the Florida Dialogue on Cancer, one
265representative of the Epilepsy Foundation, one representative of
266the Florida Medical Foundation, one representative of the
267American Liver Foundation, one representative of the Florida
268Academy of Family Physicians, one public health academic, one
269representative of the Florida Public Health Association, one
270representative of the Florida Council for Behavioral Health
271Care, Inc., one representative of the Florida Association of
272County Health Officers, and one member representing the general
273population of the state.
274     2.  The President of the Senate shall appoint six two
275members as follows: one former member of the Senate, one member
276with expertise in the field of behavioral or social research,
277one representative of BioFlorida, one representative of
278Pharmaceutical Research and Manufacturers of America, one
279representative of the South Coastal Region of the American
280Diabetes Association, and one representative from a cancer
281program approved by the American College of Surgeons.
282     3.  The Speaker of the House of Representatives shall
283appoint six two members as follows: one former member of the
284House of Representatives, one representative of the National
285Parkinson Foundation, one representative of the Alzheimer's
286Association, one representative of the Florida Research
287Consortium, one member from a professional medical organization,
288and one representative from a cancer program approved by the
289American College of Surgeons.
290
291In making these appointments, the Governor, the President of the
292Senate, and the Speaker of the House of Representatives shall
293select primarily, but not exclusively, Floridians with
294biomedical and lay expertise in the general areas of cancer,
295cardiovascular disease, stroke, and pulmonary disease, diabetes,
296autoimmune and genetic disorders, and neurological disorders,
297including Alzheimer's disease, epilepsy, and Parkinson's
298disease. The appointments shall be for a 3-year term and shall
299reflect the diversity of the state's population. An appointed
300member may not serve more than two consecutive terms.
301     (b)  Beginning July 1, 2008, and each year thereafter, the
302council shall serve as the exclusive source of awarding grants
303or fellowships for biomedical research in the state using state
304funds. This paragraph shall not preclude another grant or
305fellowship program in the state from awarding grants from funds
306received from private or federal sources where permitted by
307state law.
308     (c)1.  The council shall create the following committees,
309and may create other committees as it deems necessary:
310     a.  Committee on Tobacco-related Diseases.
311     b.  Bankhead-Coley Committee on Cancer.
312     c.  Committee on Stroke.
313     d.  Committee on Cardiovascular Disease.
314     e.  Committee on Pulmonary Disease.
315     f.  Committee on Diabetes.
316     g.  Committee on Autoimmune Disorders.
317     h.  Johnnie B. Byrd, Sr., Committee on Alzheimer's Disease.
318     i.  Committee on Parkinson's Disease.
319     j.  Committee on Neurological Disorders.
320     2.  The committees shall be comprised of council members,
321with the exception of the Johnnie B. Byrd, Sr., Committee on
322Alzheimer's Disease, which shall be comprised of the board of
323directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
324Research Institute pursuant to s. 1004.445. Each committee shall
325focus on issues and proposed research related to that committee
326and shall report findings and make recommendations to the
327council regarding the award of grants and the areas of focus or
328need for future grants and fellowships. Recommendations to the
329council from the Johnnie B. Byrd, Sr., Committee on Alzheimer's
330Disease shall be developed by the committee in consultation with
331the council of scientific advisers created in s. 1004.445(7).
332     (d)(b)  The council shall adopt internal organizational
333procedures as necessary for its efficient organization,
334including procedures for assigning council members to committees
335and coordination between the council and committees.
336     (e)(c)  The department shall provide such staff,
337information, and other assistance as is reasonably necessary to
338assist the council in carrying out its responsibilities,
339including those of its committees.
340     (f)(d)  Members of the council shall serve without
341compensation, but may receive reimbursement as provided in s.
342112.061 for travel and other necessary expenses incurred in the
343performance of their official duties, including committee
344meetings.
345     (6)(4)  The council shall, after considering the
346recommendations of its committees, determine advise the
347Secretary of Health as to the direction and scope of the
348biomedical research program. The responsibilities of the council
349may include, but are not limited to:
350     (a)  Establishing Providing advice on program priorities
351and emphases.
352     (b)  Evaluating Providing advice on the overall program
353budget and making recommendations to the Legislature for future
354appropriations.
355     (c)  Conducting Participating in periodic program
356evaluation.
357     (d)  Developing Assisting in the development of guidelines
358to ensure fairness, neutrality, and adherence to the principles
359of merit and quality in the conduct of the program.
360     (e)  Developing Assisting in the development of appropriate
361linkages to nonacademic entities, such as voluntary
362organizations, health care delivery institutions, industry,
363government agencies, and public officials.
364     (f)  Developing criteria and standards for the award of
365research grants.
366     (g)  Developing administrative procedures relating to
367solicitation, independent peer review, and award of research
368grants and fellowships, to ensure an impartial, high-quality,
369science-based peer review system.
370     (h)  Developing and supervising research peer review
371panels.
372     (i)  Reviewing reports of peer review panels and making
373recommendations for research grants and fellowships.
374     (j)  Developing and providing oversight regarding
375mechanisms for the dissemination of research results.
376     (k)  Maintaining a website with links to peer-reviewed
377biomedical research funded with state funds and to future
378opportunities to apply for an award of a biomedical research
379grant or fellowship from the council. Application forms for
380grants or fellowships shall be available on the website through
381an online application system. The website shall also provide a
382list of all known biomedical research using state funds being
383conducted in this state and shall facilitate communication among
384researchers and other interested parties.
385     (l)  Disseminating breakthrough findings in, and
386information about, innovative biomedical research and clinical
387trials that will assist in making Floridians and their treatment
388providers aware of specified diseases and conditions and
389available methods of preventing, diagnosing, treating, and
390curing such diseases and conditions.
391     (7)(5)(a)  Applications for biomedical research funding
392under the program may be submitted from any university or
393established research institute in the state. All qualified
394investigators in the state, regardless of institution
395affiliation, shall have equal access and opportunity to compete
396for the research funding.
397     (b)  Beginning in 2008 and each year thereafter, the
398council shall submit to the Legislature by February 1 a priority
399list of biomedical research for funding by the Legislature based
400upon the applications received. Recommendations to the
401Legislature shall be made in the form of a list from the council
402in rank order of priority from the proposal with the highest
403priority through the proposal with the lowest priority,
404including the recommended dollar amount and duration for each
405proposal.
406     (c)(b)  The council's overall rank for proposed research
407shall be based on the score awarded to the proposal by peer
408reviewers Grants and fellowships shall be awarded by the
409Secretary of Health, after consultation with the council, on the
410basis of scientific merit through, as determined by an open
411competitive peer review process that ensures objectivity,
412consistency, and high quality, and the council's determination
413of the following:
414     1.  The projected impact that the proposed research will
415have on the most deadly and widespread diseases affecting
416Floridians at the time the grant or fellowship is awarded;
417     2.  The likelihood or possibility that the proposed
418research will result in new treatment modalities or technology
419during the term of the grant or fellowship; and
420     3.  Whether the research proposed offers an efficient use
421of state funds in order to prevent or cure disease.
422     (d)  The following types of applications shall be
423considered for funding:
424     1.  Investigator-initiated research grants.
425     2.  Institutional research grants.
426     3.  Predoctoral and postdoctoral research fellowships.
427     (e)  Upon a specific appropriation, the council shall award
428grants for terms of 1 to 5 years.
429     (f)  Beginning in fiscal year 2008-2009 and each fiscal
430year thereafter, any program, board, commission, council,
431advisory group, or committee created by state law that awards
432grants or fellowships for biomedical research shall cease
433awarding grants or fellowships using state funds and instead
434shall make recommendations to the council and its committees for
435the prioritization and award of grants through the James and
436Esther King Biomedical Research Program.
437     (g)  Beginning in fiscal year 2008-2009 and each fiscal
438year thereafter, any program, board, commission, council,
439advisory group, or committee created by state law that
440facilitates or recommends the award of biomedical research
441grants using state funds shall make recommendations to the
442council and its committees for the prioritization and award of
443grants through the James and Esther King Biomedical Research
444Program.
445     (8)(6)  To ensure that all proposals for research funding
446are appropriate and are evaluated fairly on the basis of
447scientific merit, the Secretary of Health, in consultation with
448the council, shall appoint a peer review panel of independent,
449scientifically qualified individuals to review the scientific
450content of each proposal and establish its scientific priority
451score. The priority scores shall be forwarded to the council and
452its committees and must be considered in determining which
453proposals shall be recommended for funding.
454     (9)(7)  The council, the committees, and the peer review
455panel shall establish and follow rigorous guidelines for ethical
456conduct and adhere to a strict policy with regard to conflict of
457interest. A member of the council, a committee, or a panel may
458not participate in any discussion or decision with respect to a
459research proposal by any firm, entity, or agency with which the
460member is associated as a member of the governing body or as an
461employee, or with which the member has entered into a
462contractual arrangement. Meetings of the council, the
463committees, and the peer review panels shall be subject to the
464provisions of chapter 119, s. 286.011, and s. 24, Art. I of the
465State Constitution.
466     (10)(8)  The department may contract on a competitive-bid
467basis with an appropriate entity to administer the program.
468Administrative expenses may not exceed 5 15 percent of the total
469funds available to the program in any given year.
470     (11)(9)  The department, after consultation with the
471council, may adopt rules pursuant to ss. 120.536(1) and 120.54
472as necessary to implement this section.
473     (12)(10)  In addition to its recommendations to the
474Legislature to appropriate money for the award of grants and
475fellowships pursuant to subsection (7), the council shall submit
476an annual progress report on the state of biomedical research in
477this state to the Florida Center for Universal Research to
478Eradicate Disease and to the Governor, the Secretary of Health,
479the President of the Senate, and the Speaker of the House of
480Representatives by February 1. The report must include:
481     (a)  A list of current research projects supported by
482grants or fellowships awarded under the program.
483     (b)  A list of recipients of program grants or fellowships.
484     (c)  A list of publications in peer-reviewed peer reviewed
485journals involving research supported by grants or fellowships
486awarded under the program.
487     (d)  The total amount of biomedical research funding
488currently flowing into the state.
489     (e)  New grants for biomedical research which were funded
490based on research supported by grants or fellowships awarded
491under the program.
492     (f)  Progress in the prevention, diagnosis, treatment, and
493cure of the most deadly and widespread diseases, including
494cancer, cardiovascular disease, stroke, pulmonary disease,
495diabetes, autoimmune and genetic disorders, and neurological
496disorders, including Alzheimer's disease, epilepsy, and
497Parkinson's disease diseases related to tobacco use, including
498cancer, cardiovascular disease, stroke, and pulmonary disease.
499     (11)  The council shall award grants for cancer research
500through the William G. "Bill" Bankhead, Jr., and David Coley
501Cancer Research Program created in s. 381.922.
502     (13)(a)(12)  Beginning in fiscal year 2006-2007, the sum of
503$6 million is appropriated annually from recurring funds in the
504General Revenue Fund to the Biomedical Research Trust Fund
505within the Department of Health for purposes of the James and
506Esther King Biomedical Research Program pursuant to this
507section. This paragraph expires June 30, 2008. From these funds
508up to $250,000 shall be available for the operating costs of the
509Florida Center for Universal Research to Eradicate Disease.
510     (b)  Beginning in fiscal year 2008-2009 and each fiscal
511year thereafter, the Legislature may appropriate funds from
512recurring funds in the General Revenue Fund to the Biomedical
513Research Trust Fund within the Department of Health for purposes
514of the James and Esther King Biomedical Research Program. Any
515research grant or fellowship for cancer research awarded
516pursuant to this section shall be named a "Bankhead-Coley Cancer
517Grant." Any research grant or fellowship awarded for Alzheimer's
518research pursuant to this section shall be named a "Johnnie B.
519Byrd, Sr., Alzheimer's Grant." Any other research grant or
520fellowship awarded pursuant to this section shall be named a
521"James and Esther King Biomedical Research Grant."
522     (c)  Notwithstanding subsection (7), beginning in fiscal
523year 2008-2009 and each fiscal year thereafter, the Legislature
524shall appropriate annually no less than $5 million from
525recurring funds in the General Revenue Fund to the Biomedical
526Research Trust Fund within the Department of Health, which shall
527be designated for Bankhead-Coley Cancer Grants.
528     (d)  Notwithstanding subsection (7), beginning in fiscal
529year 2008-2009 and each fiscal year thereafter, the Legislature
530shall appropriate annually no less than $2 million from
531recurring funds in the General Revenue Fund to the Biomedical
532Research Trust Fund within the Department of Health, which shall
533be designated for Johnnie B. Byrd, Sr., Alzheimer's Grants.
534     (14)(13)  By June 1, 2009, the Division of Statutory
535Revision of the Office of Legislative Services shall certify to
536the President of the Senate and the Speaker of the House of
537Representatives the language and statutory citation of this
538section, which is scheduled to expire January 1, 2011.
539     (15)(14)  The Legislature shall review the performance, the
540outcomes, and the financial management of the James and Esther
541King Biomedical Research Program during the 2010 Regular Session
542of the Legislature and shall determine the most appropriate
543funding source and means of funding the program based on its
544review.
545     (16)(15)  This section expires January 1, 2011, unless
546reviewed and reenacted by the Legislature before that date.
547     Section 4.  Subsection (3) of section 381.79, Florida
548Statutes, is amended to read:
549     381.79  Brain and Spinal Cord Injury Program Trust Fund.--
550     (3)  Annually, 5 percent of the revenues deposited monthly
551in the fund pursuant to s. 318.21(2)(d) shall be appropriated to
552the University of Florida and 5 percent to the University of
553Miami for spinal cord injury and brain injury research. The
554amount to be distributed to the universities shall be calculated
555based on the deposits into the fund for each quarter in the
556fiscal year, but may not exceed $500,000 per university per
557year. Funds distributed under this subsection shall be made in
558quarterly payments at the end of each quarter during the fiscal
559year. This subsection expires June 30, 2008.
560     Section 5.  Paragraph (h) is added to subsection (4) of
561section 381.853, Florida Statutes, to read:
562     381.853  Florida Center for Brain Tumor Research.--
563     (4)  The Florida Center for Brain Tumor Research is
564established within the Evelyn F. and William L. McKnight Brain
565Institute of the University of Florida.
566     (h)  Beginning in fiscal year 2008-2009 and each fiscal
567year thereafter, if the center seeks to conduct biomedical
568research or intends to award or recommend the award of grants or
569fellowships for biomedical research using state funds, the
570center shall apply for grants or fellowships from or make
571recommendations for the award of grants or fellowships to the
572Biomedical Research Advisory Council in the James and Esther
573King Biomedical Research Program pursuant to s. 215.5602.
574     Section 6.  Subsection (1) of section 381.912, Florida
575Statutes, is amended to read:
576     381.912  Cervical Cancer Elimination Task Force.--
577     (1)  Effective July 1, 2004, the Cervical Cancer
578Elimination Task Force is established for the purpose of
579recommending strategies and actions to reduce the costs and
580burdens of cervical cancer in Florida. The task force shall
581present interim reports to the William G. "Bill" Bankhead, Jr.,
582and David Coley Cancer Research Council Florida Public Health
583Foundation, Inc., the Florida Cancer Council, the Center for
584Universal Research to Eradicate Disease, the Governor, the
585President of the Senate, and the Speaker of the House of
586Representatives on January 1, 2006, and July 1, 2007, with a
587final report due on June 30, 2008. After submitting its final
588report on or before June 30, 2008, the task force is dissolved.
589     Section 7.  Subsections (2), (5), and (8) of section
590381.922, Florida Statutes, are amended to read:
591     381.922  William G. "Bill" Bankhead, Jr., and David Coley
592Cancer Research Program.--
593     (2)  The program shall provide grants for cancer research
594to further the search for cures for cancer.
595     (a)  Emphasis shall be given to the goals enumerated in s.
596381.923 381.921, as those goals support the advancement of such
597cures.
598     (b)  Preference may be given to grant proposals that foster
599collaborations among institutions, researchers, and community
600practitioners, as such proposals support the advancement of
601cures through basic or applied research, including clinical
602trials involving cancer patients and related networks.
603     (5)  Beginning in fiscal year 2006-2007, the sum of $9
604million is appropriated annually from recurring funds in the
605General Revenue Fund to the Biomedical Research Trust Fund
606within the Department of Health for purposes of the William G.
607"Bill" Bankhead, Jr., and David Coley Cancer Research Program
608and shall be distributed pursuant to this section to provide
609grants to researchers seeking cures for cancer, with emphasis
610given to the goals enumerated in s. 381.923 381.921. From the
611total funds appropriated, an amount of up to 10 percent may be
612used for administrative expenses.
613     (8)  This section expires June 30, 2008 January 1, 2011,
614unless reviewed and reenacted by the Legislature before that
615date.
616     Section 8.  Section 381.923, Florida Statutes, is created
617to read:
618     381.923  William G. "Bill" Bankhead, Jr., and David Coley
619Cancer Research Council.--
620     (1)  Effective July 1, 2007, the William G. "Bill"
621Bankhead, Jr., and David Coley Cancer Research Council, which
622may be cited as the "Bankhead-Coley Cancer Council," is created
623within the Department of Health for the purpose of making the
624state a center of excellence for cancer research.
625     (2)(a)  The council shall be representative of the state's
626cancer centers, hospitals, and patient groups and shall be
627organized and shall operate in accordance with this section.
628     (b)  The members of the council shall consist of:
629     1.  The chair of the Florida Dialogue on Cancer, who shall
630serve as the chair of the council.
631     2.  The Deputy Secretary for Health or his or her designee.
632     3.  The chief executive officer of the H. Lee Moffitt
633Cancer Center or his or her designee.
634     4.  The director of the University of Florida Shands Cancer
635Center or his or her designee.
636     5.  The chief executive officer of the University of Miami
637Sylvester Comprehensive Cancer Center or his or her designee.
638     6.  The chief executive officer of the Mayo Clinic,
639Jacksonville, or his or her designee.
640     7.  The chief executive officer of the American Cancer
641Society, Florida Division, Inc., or his or her designee.
642     8.  The president of the American Cancer Society, Florida
643Division, Inc., Board of Directors or his or her designee.
644     9.  The president of the Florida Society of Clinical
645Oncology or his or her designee.
646     10.  The president of the American College of Surgeons,
647Florida Chapter, or his or her designee.
648     11.  The chief executive officer of Enterprise Florida,
649Inc., or his or her designee.
650     12.  Five representatives from cancer programs approved by
651the American College of Surgeons. Three of the five shall be
652appointed by the Governor, one shall be appointed by the Speaker
653of the House of Representatives, and one shall be appointed by
654the President of the Senate.
655     13.  One member of the House of Representatives, to be
656appointed by the Speaker of the House of Representatives.
657     14.  One member of the Senate, to be appointed by the
658President of the Senate.
659     (c)  Appointments made by the Speaker of the House of
660Representatives and the President of the Senate pursuant to
661paragraph (b) shall be for 2-year terms, concurrent with the
662bienniums in which they serve as presiding officers.
663     (d)  Appointments made by the Governor pursuant to
664paragraph (b) shall be for 2-year terms, although the Governor
665may reappoint members.
666     (e)  Members of the council shall serve without
667compensation, and each organization represented on the council
668shall cover the expenses of its representative.
669     (3)  The council shall issue an annual report to the James
670and Esther King Biomedical Research Program, the Governor, the
671Speaker of the House of Representatives, and the President of
672the Senate by December 15 of each year, with policy
673recommendations regarding cancer research capacity in the state
674and related issues.
675     (4)  The council shall make recommendations for the award
676of cancer research grants or fellowships to the James and Esther
677King Biomedical Research Program pursuant to s. 215.5602.
678     (5)  The council shall ensure that the goals of the council
679are advanced and shall endeavor to dramatically improve cancer
680research and treatment in this state through:
681     (a)  Efforts to significantly expand cancer research
682capacity in the state by:
683     1.  Identifying ways to attract new research talent and
684attendant national grant-producing researchers to cancer
685research facilities in this state.
686     2.  Encouraging the employment of bioinformatics in order
687to create a cancer informatics infrastructure that enhances
688information and resource exchange and integration through
689researchers working in diverse disciplines, to facilitate the
690full spectrum of cancer investigations.
691     3.  Facilitating the technical coordination, business
692development, and support of intellectual property as it relates
693to the advancement of cancer research.
694     4.  Aiding in other multidisciplinary research-support
695activities as they inure to the advancement of cancer research.
696     (b)  Efforts to improve both research and treatment through
697greater participation in clinical trials networks by:
698     1.  Identifying ways to increase adult enrollment in cancer
699clinical trials.
700     2.  Supporting public and private professional education
701programs designed to increase the awareness and knowledge about
702cancer clinical trials.
703     3.  Providing tools to cancer patients and community-based
704oncologists to aid in the identification of cancer clinical
705trials available in the state.
706     4.  Creating opportunities for the state's academic cancer
707centers to collaborate with community-based oncologists in
708cancer clinical trials networks.
709     (c)  Efforts to reduce the impact of cancer on disparate
710groups by:
711     1.  Identifying those cancers that disproportionately
712impact certain demographic groups.
713     2.  Building collaborations designed to reduce health
714disparities as they relate to cancer.
715     Section 9.  Subsections (8) and (12) of section 381.98,
716Florida Statutes, are amended to read:
717     381.98  The Florida Public Health Foundation, Inc.;
718establishment; purpose; mission; duties; board of directors.--
719     (8)  The corporation, in consultation with the Department
720of Health and the Florida Center for Universal Research to
721Eradicate Disease, shall facilitate communication between
722biomedical researchers and health care providers each month
723according to the health awareness schedule established by the
724Florida Public Health Foundation, Inc., in order to ensure
725ongoing dialogue between researchers, treatment providers, and
726the department.
727     (12)  The corporation shall provide an annual report
728concerning its activities and finances to the Florida Center for
729Universal Research to Eradicate Disease and shall provide copies
730of the annual report to the Governor, the President of the
731Senate, and the Speaker of the House of Representatives.
732     Section 10.  Subsection (5) is added to section 430.501,
733Florida Statutes, to read:
734     430.501  Alzheimer's Disease Advisory Committee; research
735grants.--
736     (5)  Beginning in fiscal year 2008-2009 and each fiscal
737year thereafter, if the committee seeks to award or make
738recommendations for the award of biomedical research grants or
739fellowships using state funds, the committee shall apply for
740grants or fellowships from, or make recommendations for the
741award of grants or fellowships by, the Biomedical Research
742Advisory Council in the James and Esther King Biomedical
743Research Program pursuant to s. 215.5602.
744     Section 11.  Subsections (8) and (12) of section 1004.445,
745Florida Statutes are amended to read:
746     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
747Research Institute.--
748     (8)(a)  Applications for Alzheimer's disease research
749funding may be submitted from any university or established
750research institute in the state. All qualified investigators in
751the state, regardless of institutional affiliation, shall have
752equal access and opportunity to compete for the research
753funding. Grants shall be awarded by the board of directors of
754the not-for-profit corporation on the basis of scientific merit,
755as determined by an open, competitive peer review process that
756ensures objectivity, consistency, and high quality. The
757following types of applications shall be considered for funding:
758     1.  Investigator-initiated research grants.
759     2.  Institutional research grants.
760     3.  Collaborative research grants, including those that
761advance the finding of cures through basic or applied research.
762     (b)  Preference may be given to grant proposals that foster
763collaboration among institutions, researchers, and community
764practitioners because these proposals support the advancement of
765cures through basic or applied research, including clinical
766trials involving Alzheimer's patients and related networks.
767     (c)  To ensure that all proposals for research funding are
768appropriate and are evaluated fairly on the basis of scientific
769merit, the board of directors of the not-for-profit corporation,
770in consultation with the council of scientific advisors, shall
771appoint a peer review panel of independent, scientifically
772qualified individuals to review the scientific content of each
773proposal and establish its scientific priority score. The
774priority scores shall be forwarded to the council and must be
775considered by the board of directors of the not-for-profit
776corporation in determining which proposals shall be recommended
777for funding.
778     (d)  The council of scientific advisors and the peer review
779panel shall establish and follow rigorous guidelines for ethical
780conduct and adhere to a strict policy with regard to conflict of
781interest. All employees, members of the board of directors, and
782affiliates of the not-for-profit corporation shall follow the
783same rigorous guidelines for ethical conduct and shall adhere to
784the same strict policy with regard to conflict of interest. A
785member of the council or panel may not participate in any
786discussion or decision with respect to a research proposal by
787any firm, entity, or agency with which the member is associated
788as a member of the governing body or as an employee or with
789which the member has entered into a contractual arrangement.
790Meetings of the council and the peer review panels are subject
791to chapter 119, s. 286.011, and s. 24, Art. I of the State
792Constitution.
793     (e)  This subsection expires June 30, 2008.
794     (12)(a)  Beginning in fiscal year 2006-2007, the sum of $15
795million is appropriated annually from recurring funds in the
796General Revenue Fund to the Grants and Donations Trust Fund
797within the Department of Elderly Affairs for the Johnnie B.
798Byrd, Sr., Alzheimer's Center and Research Institute at the
799University of South Florida for the purposes as provided under
800paragraph (6)(a), conducting and supporting research, providing
801institutional research grants and investigator-initiated
802research grants, developing and operating integrated data
803projects, and providing assistance to statutorily designated
804memory disorder clinics as provided under s. 430.502. Not less
805than 80 percent of the appropriated funds shall be expended for
806these purposes, and not less than 20 percent of the appropriated
807funds shall be expended for peer-reviewed investigator-initiated
808research grants. This paragraph expires June 30, 2008.
809     (b)  Beginning in fiscal year 2008-2009 and each fiscal
810year thereafter, the sum of $5 million is appropriated annually
811from recurring funds in the General Revenue Fund to the Grants
812and Donations Trust Fund within the Department of Elderly
813Affairs for the Johnnie B. Byrd, Sr., Alzheimer's Center and
814Research Institute at the University of South Florida to develop
815and operate integrated data projects and provide assistance to
816statutorily designated memory disorder clinics as provided under
817s. 430.502. If the Johnnie B. Byrd, Sr., Alzheimer's Center and
818Research Institute seeks to conduct or intends to award grants
819or fellowships for biomedical research using state funds, the
820Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
821shall apply for grants or fellowships from or make
822recommendations for the award of grants or fellowships to the
823Biomedical Research Advisory Council within the James and Esther
824King Biomedical Research Program pursuant to s. 215.5602.
825     Section 12.  Sections 381.855, 381.92, and 381.921, Florida
826Statutes, are repealed.
827     Section 13.  If any provision of this act or the
828application thereof to any person or circumstance is held
829invalid, the invalidity does not affect other provisions or
830applications of the act which can be given effect without the
831invalid provision or application, and to this end the provisions
832of this act are declared severable.
833     Section 14.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.