Florida Senate - 2010 CS for SB 620
By the Committees on Health Regulation; and Health Regulation
588-01387C-10 2010620c1
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 membership and establishing a staggered membership for
8 appointed members of the Biomedical Research Advisory
9 Council; authorizing the Biomedical Research Advisory
10 Council to recommend a portion of the allocation for
11 the James and Esther King Biomedical Research Program
12 for specified purposes; reducing the percentage of
13 funds available for administrative expenses of the
14 James and Esther King Biomedical Research Program;
15 requiring the Department of Health to adopt rules to
16 administer the James and Esther King Biomedical
17 Research Program and the William G. “Bill” Bankhead,
18 Jr., and David Coley Cancer Research Program;
19 requiring the council to recommend to the State
20 Surgeon General, rather than award, grants for cancer
21 research through the William G. “Bill” Bankhead, Jr.,
22 and David Coley Cancer Research Program; increasing
23 the funding available to the Florida Center for
24 Universal Research to Eradicate Disease; allocating a
25 certain amount of money to the James and Esther King
26 Biomedical Research Program and the William G. “Bill”
27 Bankhead, Jr., and David Coley Cancer Research
28 Program; authorizing the Department of Health to
29 accept and use gifts for awards under the James and
30 Esther King Biomedical Research Program; deleting
31 obsolete provisions; deleting a provision providing
32 for the future expiration of the James and Esther King
33 Biomedical Research Program; repealing s. 381.92,
34 F.S., relating to the Florida Cancer Council;
35 repealing s. 381.921, F.S., relating to the mission
36 and duties of the Florida Cancer Council; amending s.
37 381.922, F.S.; revising the purpose of the William G.
38 “Bill” Bankhead, Jr., and David Coley Cancer Research
39 Program; revising the duties and goals of the William
40 G. “Bill” Bankhead, Jr., and David Coley Cancer
41 Research Program; revising the types of applications
42 considered for funding; authorizing the Biomedical
43 Research Advisory Council to recommend a portion of
44 the allocation for the William G. “Bill” Bankhead,
45 Jr., and David Coley Cancer Research Program for
46 specified purposes; requiring the department to submit
47 to the Governor and Legislature a report by a
48 specified date; providing a funding source for the
49 William G. “Bill” Bankhead, Jr., and David Coley
50 Cancer Research Program; reducing the percentage of
51 funds available for administrative expenses of the
52 William G. “Bill” Bankhead, Jr., and David Coley
53 Cancer Research Program; authorizing the Department of
54 Health to accept and use gifts for awards under the
55 William G. “Bill” Bankhead, Jr., and David Coley
56 Cancer Research Program; deleting obsolete provisions;
57 deleting provisions providing for the future
58 expiration of the William G. “Bill” Bankhead, Jr., and
59 David Coley Cancer Research Program; creating s.
60 381.923, F.S., relating to the Florida Comprehensive
61 Cancer Control Act; providing a short title; providing
62 legislative intent; providing definitions; creating
63 the Florida Cancer Control and Resource Advisory
64 Council; providing membership of the council;
65 providing the composition of the executive committee
66 of the council; providing for terms of the council and
67 meetings; providing for reimbursement for per diem and
68 travel expenses; prohibiting a member of the council
69 from participating in any discussion or decision to
70 recommend any type of award or contract to any
71 qualified nonprofit association or to any agency of
72 this state or its political subdivisions with which
73 the member is associated as a member of the governing
74 body or as an employee or with which the member has
75 entered into a contractual arrangement; providing the
76 duties and responsibilities of the council; requiring
77 the council to report findings and recommendations to
78 the Governor, the Legislature, and the State Surgeon
79 General; requiring that the H. Lee Moffitt Cancer
80 Center and Research Institute, Inc., have a executive
81 director; allocating a specified amount of money from
82 the William G. “Bill” Bankhead, Jr., and David Coley
83 Cancer Research Program to the H. Lee Moffitt Cancer
84 Center and Research Institute, Inc., for
85 administrative costs and staff support; authorizing
86 the Department of Health to administer the act;
87 requiring the department to produce the Florida Cancer
88 Plan in consultation with the Florida Cancer Control
89 and Resource Advisory Council; creating the Cancer
90 Control Collaborative Program within the Department of
91 Health; providing the responsibility and mission of
92 the program; requiring the department to appoint a
93 director; providing duties for each collaborative;
94 requiring the collaborative program to submit to the
95 Florida Cancer Control and Resource Advisory Council
96 an annual report by a specified date; requiring the
97 Cancer Control Collaborative Program to serve as the
98 infrastructure for expansion or adaption as federal
99 programs or other opportunities arise for future
100 cancer control initiatives; amending ss. 458.324 and
101 459.0125, F.S.; deleting obsolete provisions;
102 repealing s. 1004.435, F.S., relating to cancer
103 control and research; providing an effective date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. Section 215.5602, Florida Statutes, is amended
108 to read:
109 215.5602 James and Esther King Biomedical Research
110 Program.—
111 (1) There is established within the Department of Health
112 the James and Esther King Biomedical Research Program funded by
113 the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
114 215.5601. The purpose of the James and Esther King Biomedical
115 Research Program is to provide an annual and perpetual source of
116 funding in order to support research initiatives that address
117 the health care problems of Floridians in the areas of tobacco
118 related cancer, cardiovascular disease, stroke, and pulmonary
119 disease. The long-term goals of the program are to:
120 (a) Improve the health of Floridians by researching better
121 prevention, diagnoses, treatments, and cures for cancer,
122 cardiovascular disease, stroke, and pulmonary disease.
123 (b) Expand the foundation of biomedical knowledge relating
124 to the prevention, diagnosis, treatment, and cure of diseases
125 related to tobacco use, including cancer, cardiovascular
126 disease, stroke, and pulmonary disease.
127 (c) Improve the quality of the state’s academic health
128 centers by bringing the advances of biomedical research into the
129 training of physicians and other health care providers.
130 (d) Increase the state’s per capita funding for research by
131 undertaking new initiatives in public health and biomedical
132 research that will attract additional funding from outside the
133 state.
134 (e) Stimulate economic activity in the state in areas
135 related to biomedical research, such as the research and
136 production of pharmaceuticals, biotechnology, and medical
137 devices.
138 (2) Funds appropriated for the James and Esther King
139 Biomedical Research Program shall be used exclusively for the
140 award of grants and fellowships as established in this section;
141 for research relating to the prevention, diagnosis, treatment,
142 and cure of diseases related to tobacco use, including cancer,
143 cardiovascular disease, stroke, and pulmonary disease; and for
144 expenses incurred in the administration of this section; and as
145 provided in subsections (5) and (12). Priority shall be granted
146 to research designed to prevent or cure disease.
147 (3) There is created within the Department of Health the
148 Biomedical Research Advisory Council.
149 (a) The council shall consist of 13 11 members, including:
150 the chief executive officer of the Florida Division of the
151 American Cancer Society, or a designee; the chief executive
152 officer of the Greater Southeast Florida/Puerto Rico Affiliate
153 of the American Heart Association, or a designee; and the chief
154 executive officer of the American Lung Association of Florida,
155 or a designee; the chief executive officer of Enterprise
156 Florida, or a designee; and the chief executive officer of
157 BioFlorida, or a designee. The remaining 8 members of the
158 council shall be appointed as follows:
159 1. The Governor shall appoint four members, two members
160 with expertise in the field of biomedical research, one member
161 from a research university in the state, and one member
162 representing the general population of the state.
163 2. The President of the Senate shall appoint two members,
164 one member with expertise in the field of behavioral or social
165 research and one representative from a cancer program approved
166 by the American College of Surgeons.
167 3. The Speaker of the House of Representatives shall
168 appoint two members, one member from a professional medical
169 organization and one representative from a cancer program
170 approved by the American College of Surgeons.
171
172 In making these appointments, the Governor, the President of the
173 Senate, and the Speaker of the House of Representatives shall
174 select primarily, but not exclusively, Floridians with
175 biomedical and lay expertise in the general areas of cancer,
176 cardiovascular disease, stroke, and pulmonary disease. The
177 appointments shall be for 4-year staggered terms a 3-year term
178 and shall reflect the diversity of the state’s population. An
179 appointed member may not serve more than two consecutive terms.
180 The first two appointments by the Governor and the first
181 appointment by the President of the Senate and the Speaker of
182 the House of Representatives on or after July 1, 2010, shall be
183 for a term of 2 years.
184 (b) The council shall adopt internal organizational
185 procedures as necessary for its efficient organization.
186 (c) The department shall provide such staff, information,
187 and other assistance as is reasonably necessary to assist the
188 council in carrying out its responsibilities.
189 (d) Members of the council shall serve without
190 compensation, but may receive reimbursement as provided in s.
191 112.061 for travel and other necessary expenses incurred in the
192 performance of their official duties.
193 (4) The council shall advise the State Surgeon General as
194 to the direction and scope of the biomedical research program.
195 The responsibilities of the council may include, but are not
196 limited to:
197 (a) Providing advice on program priorities and emphases.
198 (b) Providing advice on the overall program budget.
199 (c) Participating in periodic program evaluation.
200 (d) Assisting in the development of guidelines to ensure
201 fairness, neutrality, and adherence to the principles of merit
202 and quality in the conduct of the program.
203 (e) Assisting in the development of appropriate linkages to
204 nonacademic entities, such as voluntary organizations, health
205 care delivery institutions, industry, government agencies, and
206 public officials.
207 (f) Developing criteria and standards for the award of
208 research grants.
209 (g) Developing administrative procedures relating to
210 solicitation, review, and award of research grants and
211 fellowships, to ensure an impartial, high-quality peer review
212 system.
213 (h) Developing and supervising research peer review panels.
214 (i) Reviewing reports of peer review panels and making
215 recommendations for research grants and fellowships.
216 (j) Developing and providing oversight regarding mechanisms
217 for the dissemination of research results.
218 (5)(a) Applications for biomedical research funding under
219 the program may be submitted from any university or established
220 research institute in the state. All qualified investigators in
221 the state, regardless of institution affiliation, shall have
222 equal access and opportunity to compete for the research
223 funding.
224 (b) Grants and fellowships shall be awarded by the State
225 Surgeon General, after consultation with the council, on the
226 basis of scientific merit, as determined by an open competitive
227 peer review process that ensures objectivity, consistency, and
228 high quality. The following types of applications shall be
229 considered for funding:
230 1. Investigator-initiated research grants.
231 2. Institutional research and training grants.
232 3. Predoctoral and postdoctoral research fellowships.
233 (c) For any given year, the Biomedical Research Advisory
234 Council may also recommend up to one-third of the allocation for
235 the James and Esther King Biomedical Research Program for the
236 recruitment of cancer, heart, or lung researchers and research
237 teams to institutions in the state; for operational start-up
238 grants for newly recruited cancer, heart, or lung researchers
239 and research teams; and for equipment expenditures related to
240 the expansion of cancer, heart, or lung research and treatment
241 capacity in this state.
242 (6) To ensure that all proposals for research funding are
243 appropriate and are evaluated fairly on the basis of scientific
244 merit, the State Surgeon General, in consultation with the
245 council, shall appoint a peer review panel of independent,
246 scientifically qualified individuals to review the scientific
247 content of each proposal and establish its scientific priority
248 score. The priority scores shall be forwarded to the council and
249 must be considered in determining which proposals shall be
250 recommended for funding.
251 (7) The council and the peer review panel shall establish
252 and follow rigorous guidelines for ethical conduct and adhere to
253 a strict policy with regard to conflict of interest. A member of
254 the council or panel may not participate in any discussion or
255 decision with respect to a research proposal by any firm,
256 entity, or agency with which the member is associated as a
257 member of the governing body or as an employee, or with which
258 the member has entered into a contractual arrangement. Meetings
259 of the council and the peer review panels shall be subject to
260 the provisions of chapter 119, s. 286.011, and s. 24, Art. I of
261 the State Constitution.
262 (8) The Department of Health may contract on a competitive
263 bid basis with an appropriate entity to administer the program.
264 Administrative expenses may not exceed 7.5 15 percent of the
265 total funds available to the program in any given year.
266 (9) The Department of Health, after consultation with the
267 council, shall may adopt rules as necessary to administer
268 implement this section, taking into consideration the nature of
269 the program and making allowances in any adopted rules which
270 enable timely implementation of calls for proposals, proposal
271 reviews, proposal considerations, and any other program
272 activities, and which prevent delays in making annual program
273 awards to grant recipients.
274 (10) The council shall submit an annual progress report on
275 the state of biomedical research in this state to the Florida
276 Center for Universal Research to Eradicate Disease and to the
277 Governor, the State Surgeon General, the President of the
278 Senate, and the Speaker of the House of Representatives by
279 February 1. The report must include:
280 (a) A list of research projects supported by grants or
281 fellowships awarded under the program.
282 (b) A list of recipients of program grants or fellowships.
283 (c) A list of publications in peer reviewed journals
284 involving research supported by grants or fellowships awarded
285 under the program.
286 (d) The total amount of biomedical research funding
287 currently flowing into the state.
288 (e) New grants for biomedical research which were funded
289 based on research supported by grants or fellowships awarded
290 under the program.
291 (f) Progress in the prevention, diagnosis, treatment, and
292 cure of diseases related to tobacco use, including cancer,
293 cardiovascular disease, stroke, and pulmonary disease.
294 (11) The council shall award grants for cancer research
295 through the William G. “Bill” Bankhead, Jr., and David Coley
296 Cancer Research Program created in s. 381.922.
297 (12)(a) From funds appropriated to accomplish the goals of
298 this section, up to $500,000 $250,000 shall be available for the
299 operating costs of the Florida Center for Universal Research to
300 Eradicate Disease.
301 (b)(a) Beginning in the 2010-2011 2009-2010 fiscal year and
302 thereafter, 5 percent of the revenue deposited into the Health
303 Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall
304 be reserved for research of tobacco-related or cancer-related
305 illnesses through the James and Esther King Biomedical Research
306 Program and the William G. “Bill” Bankhead, Jr. and David Coley
307 Cancer Research Program. The sum of $25 million shall be
308 allocated annually to each of these programs; however, the sum
309 of the revenue reserved pursuant to ss. 210.011(9) and
310 210.276(7) may not exceed $50 million in any fiscal year.
311 (b) In the 2009-2010 fiscal year, 2.5 percent, not to
312 exceed $25 million, of the revenue deposited into the Health
313 Care Trust Fund pursuant to this subsection shall be transferred
314 to the Biomedical Research Trust Fund within the Department of
315 Health for the James and Esther King Biomedical Research
316 Program.
317 (13) The Department of Health may accept gifts made
318 unconditionally by will or otherwise, deposit them into the
319 Biomedical Research Trust Fund, and use them for grant or
320 fellowship awards in the James and Esther King Biomedical
321 Research Program. Any gift made under conditions that, in the
322 judgment of the department, upon consultation with the council,
323 are proper and consistent with this section, the laws of the
324 United States, and state law, may be accepted and shall be held,
325 invested, reinvested, and used in accordance with the conditions
326 of the gift. By June 1, 2009, the Division of Statutory Revision
327 of the Office of Legislative Services shall certify to the
328 President of the Senate and the Speaker of the House of
329 Representatives the language and statutory citation of this
330 section, which is scheduled to expire January 1, 2011.
331 (14) The Legislature shall review the performance, the
332 outcomes, and the financial management of the James and Esther
333 King Biomedical Research Program during the 2010 Regular Session
334 of the Legislature and shall determine the most appropriate
335 funding source and means of funding the program based on its
336 review.
337 (15) This section expires January 1, 2011, unless reviewed
338 and reenacted by the Legislature before that date.
339 Section 2. Section 381.92, Florida Statutes, is repealed.
340 Section 3. Section 381.921, Florida Statutes, is repealed.
341 Section 4. Section 381.922, Florida Statutes, is amended to
342 read:
343 381.922 William G. “Bill” Bankhead, Jr., and David Coley
344 Cancer Research Program.—
345 (1) The William G. “Bill” Bankhead, Jr., and David Coley
346 Cancer Research Program, which may be otherwise cited as the
347 “Bankhead-Coley Program,” is created within the Department of
348 Health. The purpose of the program shall be to advance progress
349 towards cures for cancer using through grants awarded through a
350 peer-reviewed, competitive process and to expand cancer research
351 and treatment capacity in this state.
352 (2) The program shall provide grants for cancer research,
353 including cancer clinical trials projects as provided in this
354 section, to further the search for cures for cancer; for
355 recruiting cancer researchers and research teams to institutions
356 in the state; for operational start-up grants for newly
357 recruited cancer researchers and research teams; or for
358 equipment expenditures related to the expansion of cancer
359 research and treatment capacity in the state.
360 (a) Emphasis shall be given to the following goals that are
361 designed to foster dramatic improvement in cancer research
362 capacity in the state enumerated in s. 381.921, as they those
363 goals support the advancement of such cures:.
364 1. Significantly expand cancer research capacity in the
365 state by identifying ways to attract new research talent and
366 attendant national grant-producing researchers to cancer
367 research facilities in this state; implement a peer-reviewed,
368 competitive process to identify and fund the best proposals to
369 expand cancer research institutes in this state; fund through
370 available resources those proposals that demonstrate the
371 greatest opportunity to attract federal research grants and
372 private financial support; encourage the employment of
373 bioinformatics in order to create a cancer informatics
374 infrastructure that enhances information and resource exchange
375 and integration through researchers working in diverse
376 disciplines; facilitate the full spectrum of cancer
377 investigations; facilitate the technical coordination, business
378 development, and support of intellectual property as it relates
379 to the advancement of cancer research; and aid in other
380 multidisciplinary research-support activities as they inure to
381 the advancement of cancer research.
382 2. Improve both research and treatment through greater
383 participation in clinical trial networks by:
384 a. Identifying ways to increase enrollment in cancer
385 clinical trials;
386 b. Supporting public and private professional education
387 programs designed to increase the awareness and knowledge about
388 cancer clinical trials;
389 c. Providing tools to cancer patients and community-based
390 oncologists to aid in the identification of cancer clinical
391 trials available in the state; and
392 d. Creating opportunities for the state’s academic cancer
393 centers to collaborate with community-based oncologists in
394 cancer clinical trials networks.
395 3. Reduce the impact of cancer on disparate groups by
396 identifying those cancers that disproportionately impact certain
397 demographic groups and building collaborations designed to
398 reduce health disparities as they relate to cancer.
399 (b) Preference may be given to grant proposals that foster
400 collaborations among institutions, researchers, and community
401 practitioners, as such proposals support the advancement of
402 cures through basic or applied research, including clinical
403 trials involving cancer patients and related networks and the
404 transfer of knowledge gained from research into the practice of
405 community practitioners.
406 (3)(a) Applications for funding for cancer research may be
407 submitted by any university or established research institute in
408 the state. All qualified investigators in the state, regardless
409 of institutional affiliation, shall have equal access and
410 opportunity to compete for the research funding. Collaborative
411 proposals, including those that advance the program’s goals
412 enumerated in subsection (2), may be given preference. Grants
413 shall be awarded by the State Surgeon General, after
414 consultation with the Biomedical Research Advisory Council
415 established in s. 215.5602, on the basis of scientific merit, as
416 determined by an open, competitive peer review process that
417 ensures objectivity, consistency, and high quality. The
418 following types of applications shall be considered for funding:
419 1. Investigator-initiated research grants.
420 2. Institutional research and training grants.
421 3. Predoctoral and postdoctoral research fellowships.
422 4.3. Collaborative research grants, including those that
423 advance the finding of cures through basic or applied research.
424 5. Clinical trial project grants, particularly those
425 projects such as matching services that identify prospective
426 clinical trials treatment options for cancer patients in this
427 state or those projects that otherwise foster greater rates of
428 participation in trials. At least one such grant shall be
429 awarded in any given year if a meritorious proposal or proposals
430 are received. Such project grant proposals are not required to
431 be posed as a research question in order to qualify for an
432 award.
433 (b) For any given year, the Biomedical Research Advisory
434 Council may recommend up to one-third of the allocation for the
435 William G. “Bill” Bankhead, Jr. and David Coley Cancer Research
436 Program for the recruitment of cancer researchers and research
437 teams to institutions in the state, for operational start-up
438 grants for newly recruited cancer researchers and research
439 teams, or for equipment expenditures related to the expansion of
440 cancer research and treatment capacity in the state.
441 (c)(b) In order to ensure that all proposals for research
442 funding are appropriate and are evaluated fairly on the basis of
443 scientific merit, the State Surgeon General, in consultation
444 with the council, shall appoint a peer review panel of
445 independent, scientifically qualified individuals to review the
446 scientific content of each proposal and establish its priority
447 score. The priority scores shall be forwarded to the council and
448 must be considered in determining which proposals shall be
449 recommended for funding.
450 (d)(c) The council and the peer review panel shall
451 establish and follow rigorous guidelines for ethical conduct and
452 adhere to a strict policy with regard to conflicts of interest.
453 A member of the council or panel may not participate in any
454 discussion or decision with respect to a research proposal by
455 any firm, entity, or agency with which the member is associated
456 as a member of the governing body or as an employee or with
457 which the member has entered into a contractual arrangement.
458 Meetings of the council and the peer review panels are subject
459 to chapter 119, s. 286.011, and s. 24, Art. I of the State
460 Constitution.
461 (4) By February 1 December 15 of each year, the Department
462 of Health shall submit to the Governor, the President of the
463 Senate, and the Speaker of the House of Representatives a report
464 indicating progress towards the program’s mission and making
465 recommendations that further its purpose.
466 (5) The William G. “Bill” Bankhead, Jr. and David Coley
467 Cancer Research Program is funded pursuant to s. 215.5602(12)
468 and this section, with an annual allocation of $25 million.
469 Funds appropriated for the William G. “Bill” Bankhead, Jr., and
470 David Coley Cancer Research Program shall be distributed
471 pursuant to this section to provide grants to researchers
472 seeking cures for cancer and cancer-related illnesses, with
473 emphasis given to the goals enumerated in paragraph (2)(a) s.
474 381.921. From the total funds appropriated, an amount of up to
475 7.5 10 percent may be used for administrative expenses. In the
476 2009-2010 fiscal year, 2.5 percent, not to exceed $25 million,
477 of the revenue deposited into the Health Care Trust Fund
478 pursuant to s. 215.5602(12)(a) shall be transferred to the
479 Biomedical Research Trust Fund within the Department of Health
480 for the William G. “Bill” Bankhead, Jr., and David Coley Cancer
481 Research Program.
482 (6) The Department of Health may accept gifts made
483 unconditionally by will or otherwise, deposit them into the
484 Biomedical Research Trust Fund, and use them for grant or
485 fellowship awards in the William G. “Bill” Bankhead, Jr. and
486 David Coley Cancer Research Program. Any gift made under
487 conditions that, in the judgment of the department, upon
488 consultation with the council, are proper and consistent with
489 this section, the laws of the United States, and state law, may
490 be accepted and shall be held, invested, reinvested, and used in
491 accordance with the conditions of the gift. By June 1, 2009, the
492 Division of Statutory Revision of the Office of Legislative
493 Services shall certify to the President of the Senate and the
494 Speaker of the House of Representatives the language and
495 statutory citation of this section, which is scheduled to expire
496 January 1, 2011.
497 (7) The Legislature shall review the performance, the
498 outcomes, and the financial management of the William G. “Bill”
499 Bankhead, Jr., and David Coley Cancer Research Program during
500 the 2010 Regular Session of the Legislature and shall determine
501 the most appropriate funding source and means of funding the
502 program based on its review.
503 (8) This section expires January 1, 2011, unless reviewed
504 and reenacted by the Legislature before that date.
505 Section 5. Section 381.923, Florida Statutes, is created to
506 read:
507 381.923 Comprehensive cancer control.—
508 (1) SHORT TITLE.—This section may be cited as the “Florida
509 Comprehensive Cancer Control Act.”
510 (2) LEGISLATIVE INTENT.—It is the finding of the
511 Legislature that:
512 (a) Advances in scientific knowledge have led to
513 prevention, early detection, and therapeutic capabilities in the
514 control of cancer. Such knowledge, screening technologies, and
515 therapies must be made available to all residents of this state.
516 (b) Research shows that certain lifestyles and exposures,
517 such as tobacco use, exposure to ultraviolet radiation from the
518 sun, and exposure to occupational and environmental carcinogens,
519 contribute to the risk for many types of cancer and that certain
520 screening tests are effective in finding cancer early when it is
521 more treatable. The role of diet, exercise, and other healthy
522 lifestyles are also important in cancer prevention and control.
523 Proven causes of cancer and methods for early detection should
524 be publicized and be the subject of linguistically and
525 culturally appropriate educational and awareness programs for
526 the prevention of cancer.
527 (c) An effective cancer control program would mobilize the
528 scientific, educational, and medical resources that presently
529 exist into an intense attack against this dreaded disease, with
530 the primary goal to reduce the cancer burden for the residents
531 of this state.
532 (3) DEFINITIONS.—As used in this section, the term:
533 (a) “Cancer” means all malignant neoplasms, regardless of
534 the tissue of origin, including lymphoma and leukemia.
535 (b) “Council” means the Florida Cancer Control and Resource
536 Advisory Council, which is an advisory body appointed to
537 function on a continuing basis to recommend solutions and policy
538 alternatives to the Governor, members of the Legislature, the
539 State Surgeon General, and other policymakers.
540 (c) “Department” means the Department of Health.
541 (d) “Plan” means the Florida Cancer Plan.
542 (e) “Program” means the Florida Cancer Control
543 Collaborative Program.
544 (f) “Qualified nonprofit association” means any
545 association, incorporated or unincorporated, which has received
546 tax-exempt status from the Internal Revenue Service.
547 (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
548 CREATION; COMPOSITION.—
549 (a) There is created within the H. Lee Moffitt Cancer
550 Center and Research Institute, Inc., the Florida Cancer Control
551 and Resource Advisory Council. The council shall consist of
552 cancer organizational representation and cancer control
553 stakeholders, with an elected chairperson. Each member must be a
554 resident of this state. Three members representing the general
555 public shall be appointed by the Governor. The President of the
556 Senate and the Speaker of the House of Representatives shall
557 each appoint one member from his or her legislative body to the
558 council. Other members shall be selected to represent agencies
559 and organizations in this state which are involved with various
560 aspects of cancer control. These may include nonprofit
561 organizations, professional associations, governmental agencies,
562 medical schools, schools of public health, hospitals, cancer
563 centers, cancer survivor groups, and other relevant cancer
564 stakeholder organizations. Each of the following organizations
565 shall appoint a representative to serve on the council:
566 1. H. Lee Moffitt Cancer Center and Research Institute,
567 Inc.
568 2. University of Florida Shands Cancer Center.
569 3. University of Miami Sylvester Comprehensive Cancer
570 Center.
571 4. Mayo Clinic, Florida.
572 5. M.D. Anderson Cancer Center, Florida.
573 6. American Cancer Society, Florida Division.
574 7. American Association for Retired Persons.
575 8. Department of Health.
576 9. Department of Education.
577 10. Florida Tumor Registrars Association.
578 11. Florida Cancer Data System.
579 12. Florida Society of Oncology Social Workers.
580 13. Florida Oncology Nurses Society.
581 14. Florida Society of Clinical Oncology.
582 15. Florida Association of Pediatric Tumor Programs, Inc.
583 16. Cancer Information Service.
584 17. Florida Medical Association.
585 18. Florida Hospital Association.
586 19. Florida Nursing Association.
587 20. Florida Dental Association.
588 21. Florida Osteopathic Association.
589 22. University of Florida College of Medicine.
590 23. University of Miami College of Medicine.
591 24. University of South Florida College of Medicine.
592 25. Florida State University College of Medicine.
593 26. University of Central Florida College of Medicine.
594 27. Nova Southeastern College of Osteopathic Medicine.
595 28. University of Central Florida College of Medicine.
596 29. Florida International University College of Medicine.
597 30. Lake Erie School of Osteopathic Medicine.
598 31. Biomedical Research Advisory Council.
599 32. Center for Universal Research to Eradicate Disease.
600 33. A representative from each of the regional Cancer
601 Control Collaboratives.
602 (b) An executive committee shall be comprised of the
603 council’s elected chairman, one at-large member elected by the
604 full council, and the members representing the Department of
605 Health, the American Cancer Society, the H. Lee Moffitt Cancer
606 Center and Research Institute, Inc., the University of Florida
607 Shands Cancer Center, and the University of Miami Sylvester
608 Comprehensive Cancer Center, as well as the appointee of the
609 President of the Senate, the appointee of the Speaker of the
610 House of Representatives, and one of the gubernatorial
611 appointees, who shall be designated by the council’s chairman.
612 Should the council chairman be a designee from one of the named
613 entities in this paragraph, the full council shall elect a
614 second at-large position to serve on the executive committee.
615 The elected positions on the executive committee shall be for
616 terms of 2 years.
617 (c) The council shall meet at least semiannually. A
618 majority of members participating shall constitute a quorum for
619 the purpose of exercising all of the powers of the council.
620 (d) The council members shall serve without compensation,
621 but are entitled to reimbursement for per diem and travel
622 expenses as provided in s. 112.061.
623 (e) A member of the council may not participate in any
624 discussion or decision to recommend any type of award or
625 contract to any qualified nonprofit association or to any agency
626 of this state or its political subdivisions with which the
627 member is associated as a member of the governing body or as an
628 employee or with which the member has entered into a contractual
629 arrangement.
630 (f) The council may prescribe, amend, and repeal bylaws
631 governing the manner in which the business of the council is
632 conducted.
633 (g) The council shall advise the Governor, the Legislature,
634 the State Surgeon General, or other state policymakers with
635 respect to cancer control and resources in this state.
636 (h) The council shall approve a program for cancer control
637 to be known as the “Florida Cancer Plan,” which shall be
638 consistent to the extent possible with other cancer or health
639 related state plans and integrated and coordinated with existing
640 programs in this state. The council shall review and approve the
641 plan at least every 2 years.
642 (i) The council shall formulate and recommend to the
643 Governor, the Legislature, the State Surgeon General, and other
644 state policymakers a plan for the prevention and early detection
645 of cancer which is evidence-based and consistent with standards
646 of practice and supported by evidence-based medicine. The State
647 Surgeon General and other state policymakers shall consider the
648 plan in developing departmental priorities and funding
649 priorities and standards under chapter 395.
650 (j) The council shall provide expertise and input in the
651 content and development of the Florida Cancer Plan.
652 Recommendations shall include the coordination and integration
653 of other state plans concerned with cancer control. Committees
654 may be formed by the council so that the following areas will be
655 established as entities for actions:
656 1. Cancer plan evaluation, including tumor registry, data
657 retrieval systems, and epidemiology of cancer in the state and
658 its relation to other areas.
659 2. Cancer prevention.
660 3. Cancer detection.
661 4. Cancer treatments.
662 5. Support services for cancer patients and caregivers.
663 6. Cancer education for laypersons and professionals.
664 7. Other cancer-control-related topics.
665 (k) The council shall advise the State Surgeon General on
666 methods of enforcing and implementing laws already enacted and
667 concerned with cancer control.
668 (l) The council may recommend to the State Surgeon General
669 rules not inconsistent with law as it may deem necessary for the
670 performance of its duties and the proper administration of this
671 section.
672 (m) The council shall be physically located at the H. Lee
673 Moffitt Cancer Center and Research Institute, Inc.
674 (n) By December 1 of each year, the council shall report
675 any findings and recommendations to the Governor, the President
676 of the Senate, the Speaker of the House of Representatives, and
677 the State Surgeon General.
678 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
679 AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.—
680 (a) The H. Lee Moffitt Cancer Center and Research
681 Institute, Inc., shall provide a full-time executive director to
682 coordinate, facilitate, and communicate the mission and
683 responsibilities of the council. Additional administrative
684 support, information, and other assistance shall also be
685 provided as reasonably necessary for the completion of the
686 responsibilities of the council.
687 (b) From the funds appropriated annually for the William G.
688 “Bill” Bankhead, Jr. and David Coley Cancer Research Program,
689 the sum of $150,000 shall be allocated to the H. Lee Moffitt
690 Cancer Center and Research Institute, Inc., for the
691 administrative costs and staff support to convene and facilitate
692 the responsibilities of the council.
693 (c) The Department of Health, after consultation with the
694 council, may adopt rules necessary to administer this section.
695 (d) The Florida Cancer Plan is established within the
696 Department of Health. The Department of Health shall consult
697 with the council in developing the plan, prioritizing goals, and
698 allocating resources. The plan shall be approved by the council.
699 The Cancer Control Collaborative Program shall prioritize
700 programs and resources to reduce the burden of cancer in this
701 state, consistent with the plan.
702 (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; CREATION;
703 COMPOSITION.—
704 (a) The Cancer Control Collaborative Program is established
705 within the Department of Health and resides within the cancer
706 program. The program is responsible for overseeing and providing
707 infrastructure for the state cancer collaborative network. The
708 primary mission of the program is to implement the plan’s
709 initiatives and identify and facilitate the local development of
710 solutions to cancer control needs of the populations served by
711 the regional cancer control collaboratives.
712 (b) The Department of Health shall appoint a cancer program
713 director, who is responsible for supervising the collaborative
714 program. At a minimum, centralized organization, communications,
715 information technology, shared resources, and cancer control
716 expertise shall be provided to the regional cancer control
717 collaboratives by the Department of Health.
718 (c) Each regional cancer control collaborative shall bring
719 together local cancer stakeholders, develop bylaws, identify
720 priority cancer control needs of its region, and develop
721 solutions to solve problems, consistent with the plan and the
722 goal of reducing the burden of cancer in this state. Each
723 collaborative shall meet at least semiannually and send
724 representation to the council meetings.
725 (d) By October 15 of each year, the collaborative program
726 shall submit an annual report to the council. The council shall
727 have input into the prioritization of programs and proposed
728 allocation of resources in the program consistent with the plan.
729 (e) The Cancer Control Collaborative Program shall serve as
730 the infrastructure for expansion or adaptation as federal
731 programs or other opportunities arise for future cancer control
732 initiatives. The development of the infrastructure for local
733 cancer control collaboratives, to the extent possible, shall be
734 designed to leverage opportunities for funding from the United
735 States Centers for Disease Control or other federal sources.
736 Section 6. Subsection (1) and paragraph (a) of subsection
737 (2) of section 458.324, Florida Statutes, are amended to read:
738 458.324 Breast cancer; information on treatment
739 alternatives.—
740 (1) DEFINITION.—As used in this section, the term
741 “medically viable,” as applied to treatment alternatives, means
742 modes of treatment generally considered by the medical
743 profession to be within the scope of current, acceptable
744 standards, including treatment alternatives described in the
745 written summary prepared by the Florida Cancer Control and
746 Resource Research Advisory Council in accordance with s.
747 1004.435(4)(m).
748 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
749 treating a patient who is, or in the judgment of the physician
750 is at high risk of being, diagnosed as having breast cancer
751 shall inform such patient of the medically viable treatment
752 alternatives available to such patient; shall describe such
753 treatment alternatives; and shall explain the relative
754 advantages, disadvantages, and risks associated with the
755 treatment alternatives to the extent deemed necessary to allow
756 the patient to make a prudent decision regarding such treatment
757 options. In compliance with this subsection:
758 (a) The physician may, in his or her discretion:
759 1. Orally communicate such information directly to the
760 patient or the patient’s legal representative;
761 2. Provide the patient or the patient’s legal
762 representative with a copy of the written summary prepared in
763 accordance with s. 1004.435(4)(m) and express a willingness to
764 discuss the summary with the patient or the patient’s legal
765 representative; or
766 3. Both communicate such information directly and provide a
767 copy of the written summary to the patient or the patient’s
768 legal representative for further consideration and possible
769 later discussion.
770
771 Nothing in this subsection shall reduce other provisions of law
772 regarding informed consent.
773 Section 7. Subsection (1) and paragraph (a) of subsection
774 (2) of section 459.0125, Florida Statutes, are amended to read:
775 459.0125 Breast cancer; information on treatment
776 alternatives.—
777 (1) DEFINITION.—As used in this section, the term
778 “medically viable,” as applied to treatment alternatives, means
779 modes of treatment generally considered by the medical
780 profession to be within the scope of current, acceptable
781 standards, including treatment alternatives described in the
782 written summary prepared by the Florida Cancer Control and
783 Resource Research Advisory Council in accordance with s.
784 1004.435(4)(m).
785 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
786 obligation of every physician treating a patient who is, or in
787 the judgment of the physician is at high risk of being,
788 diagnosed as having breast cancer to inform such patient of the
789 medically viable treatment alternatives available to such
790 patient; to describe such treatment alternatives; and to explain
791 the relative advantages, disadvantages, and risks associated
792 with the treatment alternatives to the extent deemed necessary
793 to allow the patient to make a prudent decision regarding such
794 treatment options. In compliance with this subsection:
795 (a) The physician may, in her or his discretion:
796 1. Orally communicate such information directly to the
797 patient or the patient’s legal representative;
798 2. Provide the patient or the patient’s legal
799 representative with a copy of the written summary prepared in
800 accordance with s. 1004.435(4)(m) and express her or his
801 willingness to discuss the summary with the patient or the
802 patient’s legal representative; or
803 3. Both communicate such information directly and provide a
804 copy of the written summary to the patient or the patient’s
805 legal representative for further consideration and possible
806 later discussion.
807
808 Nothing in This subsection does not shall reduce other
809 provisions of law regarding informed consent.
810 Section 8. Section 1004.435, Florida Statutes, is repealed.
811 Section 9. This act shall take effect July 1, 2010.