| 1 | House Joint Resolution |
| 2 | A joint resolution proposing the creation of Section 28 of |
| 3 | Article X of the State Constitution to provide funding for |
| 4 | embryonic stem cell research. |
| 5 |
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| 6 | Be It Resolved by the Legislature of the State of Florida: |
| 7 |
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| 8 | That the following creation of Section 28 of Article X of |
| 9 | the State Constitution is agreed to and shall be submitted to |
| 10 | the electors of this state for approval or rejection at the next |
| 11 | general election or at an earlier special election specifically |
| 12 | authorized by law for that purpose: |
| 13 | ARTICLE X |
| 14 | MISCELLANEOUS |
| 15 | SECTION 28. Funding of embryonic stem cell research.-- |
| 16 | (a) There is hereby appropriated from the General Revenue |
| 17 | Fund to the Department of Health the sum of twenty million |
| 18 | dollars in each of the ten fiscal years beginning with the year |
| 19 | in which this amendment is adopted. With such funds, the |
| 20 | Department of Health shall make grants for embryonic stem cell |
| 21 | research using, or using the derivatives of, human embryos that, |
| 22 | before or after formation, have been donated to medicine under |
| 23 | donor instructions forbidding intrauterine embryo transfer. |
| 24 | (b) For the purposes of this section, an embryo is deemed |
| 25 | to be "donated to medicine" if and only, under conditions that |
| 26 | satisfy applicable requirements for informed consent and do not |
| 27 | involve financial inducement to any donor, the persons from |
| 28 | whose cells the embryo originates give the embryo to another |
| 29 | person under written instructions specifying that the recipient |
| 30 | shall use the embryo for biomedical research or therapy. The |
| 31 | term "financial inducement" includes any valuable consideration |
| 32 | but excludes reimbursement for reasonable costs incurred in |
| 33 | connection with a donation and reasonable compensation to a |
| 34 | donor from whom an oocyte is recovered and to the donor of any |
| 35 | other cell recovered by an invasive procedure for the |
| 36 | preparation for and time, burden, and risk of such recovery. |
| 37 | (c) The funds appropriated under this section shall be |
| 38 | granted to nonprofit academic and other research institutions |
| 39 | situated within the state. Grantees shall be chosen on the basis |
| 40 | of a recommended ordering of applications by scientific merit as |
| 41 | reckoned in a peer review process by disinterested experts in |
| 42 | the relevant fields. |
| 43 | (d) This section shall be self-executing and effective |
| 44 | immediately upon adoption. This appropriation shall be |
| 45 | nonlapsing such that any portion of a yearly appropriation not |
| 46 | distributed shall accumulate for distribution in subsequent |
| 47 | years. The Department of Health is authorized to adopt |
| 48 | administrative rules for the implementation of this section. |
| 49 | BE IT FURTHER RESOLVED that the following statement be |
| 50 | placed on the ballot: |
| 51 | CONSTITUTIONAL AMENDMENT |
| 52 | ARTICLE X, SECTION 28 |
| 53 | FUNDING OF EMBRYONIC STEM CELL RESEARCH.--Proposing an |
| 54 | amendment to the State Constitution to appropriate $20 million |
| 55 | annually for 10 fiscal years for grants by the Department of |
| 56 | Health to Florida nonprofit institutions to conduct embryonic |
| 57 | stem cell research using, or using derivatives of, human embryos |
| 58 | that, before or after formation, have been donated to medicine |
| 59 | under donor instructions forbidding intrauterine embryo |
| 60 | transfer. An embryo is deemed to be "donated to medicine" only |
| 61 | if given without receipt of consideration other than cost |
| 62 | reimbursement and compensation for recovery of donated cells. |