HB 861

1
A bill to be entitled
2An act relating to biomedical research programs; amending
3s. 215.5602, F.S.; deleting provisions requiring that the
4James and Esther King Biomedical Research Program be
5funded by proceeds from the Lawton Chiles Endowment Fund;
6modifying the terms and membership and establishing a
7staggered membership for appointed members of the
8Biomedical Research Advisory Council; authorizing the
9Biomedical Research Advisory Council to recommend a
10portion of the allocation for the James and Esther King
11Biomedical Research Program for specified purposes;
12reducing the percentage of funds available for
13administrative expenses of the James and Esther King
14Biomedical Research Program; requiring the Department of
15Health to adopt rules to administer the James and Esther
16King Biomedical Research Program and the William G. "Bill"
17Bankhead, Jr., and David Coley Cancer Research Program;
18increasing the funding available to the Florida Center for
19Universal Research to Eradicate Disease; allocating a
20certain amount of money to the James and Esther King
21Biomedical Research Program and the William G. "Bill"
22Bankhead, Jr., and David Coley Cancer Research Program;
23authorizing the Department of Health to accept and use
24gifts for awards under the James and Esther King
25Biomedical Research Program; deleting obsolete provisions;
26deleting a provision providing for the future expiration
27of the James and Esther King Biomedical Research Program;
28repealing s. 381.912, F.S., relating to the Cervical
29Cancer Elimination Task Force; repealing s. 381.92, F.S.,
30relating to the Florida Cancer Council; repealing s.
31381.921, F.S., relating to the mission and duties of the
32Florida Cancer Council; amending s. 381.922, F.S.;
33revising the purpose of the William G. "Bill" Bankhead,
34Jr., and David Coley Cancer Research Program; revising the
35duties and goals of the William G. "Bill" Bankhead, Jr.,
36and David Coley Cancer Research Program; revising the
37types of applications considered for funding; authorizing
38the Biomedical Research Advisory Council to recommend a
39portion of the allocation for the William G. "Bill"
40Bankhead, Jr., and David Coley Cancer Research Program for
41specified purposes; requiring the department to submit to
42the Governor and Legislature a report by a specified date;
43providing a funding source for the William G. "Bill"
44Bankhead, Jr., and David Coley Cancer Research Program;
45reducing the percentage of funds available for
46administrative expenses of the William G. "Bill" Bankhead,
47Jr., and David Coley Cancer Research Program; authorizing
48the Department of Health to accept and use gifts for
49awards under the William G. "Bill" Bankhead, Jr., and
50David Coley Cancer Research Program; deleting obsolete
51provisions; deleting provisions providing for the future
52expiration of the William G. "Bill" Bankhead, Jr., and
53David Coley Cancer Research Program; creating s. 381.923,
54F.S., relating to the Florida Comprehensive Cancer Control
55Act; providing a short title; providing legislative
56intent; providing definitions; creating the Florida Cancer
57Control and Resource Advisory Council; providing
58membership of the council; providing the composition of
59the executive committee of the council; providing for
60terms of the council and meetings; providing for
61reimbursement for per diem and travel expenses;
62prohibiting a member of the council from participating in
63any discussion or decision to recommend any type of award
64or contract to any qualified nonprofit association or to
65any agency of this state or its political subdivisions
66with which the member is associated as a member of the
67governing body or as an employee or with which the member
68has entered into a contractual arrangement; providing the
69duties and responsibilities of the council; requiring the
70council to report findings and recommendations to the
71Governor, the Legislature, and the State Surgeon General;
72requiring that the H. Lee Moffitt Cancer Center and
73Research Institute, Inc., have a executive director;
74allocating a specified amount of money from the William G.
75"Bill" Bankhead, Jr., and David Coley Cancer Research
76Program to the H. Lee Moffitt Cancer Center and Research
77Institute, Inc., for administrative costs and staff
78support; authorizing the Department of Health to
79administer the act; requiring the department to produce
80the Florida Cancer Plan in consultation with the Florida
81Cancer Control and Resource Advisory Council; creating the
82Cancer Control Collaborative Program within the Department
83of Health; providing the responsibility and mission of the
84program; requiring the department to appoint a director;
85providing duties for each collaborative; requiring the
86collaborative program to submit to the Florida Cancer
87Control and Resource Advisory Council an annual report by
88a specified date; requiring the Cancer Control
89Collaborative Program to serve as the infrastructure for
90expansion or adaption as federal programs or other
91opportunities arise for future cancer control initiatives;
92amending ss. 381.855, 458.324, and 459.0125, F.S.;
93deleting obsolete provisions; repealing s. 1004.435, F.S.,
94relating to cancer control and research; providing an
95effective date.
96
97Be It Enacted by the Legislature of the State of Florida:
98
99     Section 1.  Section 215.5602, Florida Statutes, is amended
100to read:
101     215.5602  James and Esther King Biomedical Research
102Program.-
103     (1)  There is established within the Department of Health
104the James and Esther King Biomedical Research Program funded by
105the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
106215.5601. The purpose of the James and Esther King Biomedical
107Research Program is to provide an annual and perpetual source of
108funding in order to support research initiatives that address
109the health care problems of Floridians in the areas of tobacco-
110related cancer, cardiovascular disease, stroke, and pulmonary
111disease. The long-term goals of the program are to:
112     (a)  Improve the health of Floridians by researching better
113prevention, diagnoses, treatments, and cures for cancer,
114cardiovascular disease, stroke, and pulmonary disease.
115     (b)  Expand the foundation of biomedical knowledge relating
116to the prevention, diagnosis, treatment, and cure of diseases
117related to tobacco use, including cancer, cardiovascular
118disease, stroke, and pulmonary disease.
119     (c)  Improve the quality of the state's academic health
120centers by bringing the advances of biomedical research into the
121training of physicians and other health care providers.
122     (d)  Increase the state's per capita funding for research
123by undertaking new initiatives in public health and biomedical
124research that will attract additional funding from outside the
125state.
126     (e)  Stimulate economic activity in the state in areas
127related to biomedical research, such as the research and
128production of pharmaceuticals, biotechnology, and medical
129devices.
130     (2)  Funds appropriated for the James and Esther King
131Biomedical Research Program shall be used exclusively for the
132award of grants and fellowships as established in this section;
133for research relating to the prevention, diagnosis, treatment,
134and cure of diseases related to tobacco use, including cancer,
135cardiovascular disease, stroke, and pulmonary disease; and for
136expenses incurred in the administration of this section; and as
137provided in subsections (5) and (12). Priority shall be granted
138to research designed to prevent or cure disease.
139     (3)  There is created within the Department of Health the
140Biomedical Research Advisory Council.
141     (a)  The council shall consist of 13 11 members, including:
142the chief executive officer of the Florida Division of the
143American Cancer Society, or a designee; the chief executive
144officer of the Greater Southeast Florida/Puerto Rico Affiliate
145of the American Heart Association, or a designee; and the chief
146executive officer of the American Lung Association of Florida,
147or a designee; the chief executive officer of Enterprise
148Florida, or a designee; and the chief executive officer of
149BioFlorida, or a designee. The remaining 8 members of the
150council shall be appointed as follows:
151     1.  The Governor shall appoint four members, two members
152with expertise in the field of biomedical research, one member
153from a research university in the state, and one member
154representing the general population of the state.
155     2.  The President of the Senate shall appoint two members,
156one member with expertise in the field of behavioral or social
157research and one representative from a cancer program approved
158by the American College of Surgeons.
159     3.  The Speaker of the House of Representatives shall
160appoint two members, one member from a professional medical
161organization and one representative from a cancer program
162approved by the American College of Surgeons.
163
164In making these appointments, the Governor, the President of the
165Senate, and the Speaker of the House of Representatives shall
166select primarily, but not exclusively, Floridians with
167biomedical and lay expertise in the general areas of cancer,
168cardiovascular disease, stroke, and pulmonary disease. The
169appointments shall be for 4-year staggered terms a 3-year term
170and shall reflect the diversity of the state's population. An
171appointed member may not serve more than two consecutive terms.
172The first two appointments by the Governor and the first
173appointment by the President of the Senate and the Speaker of
174the House of Representatives on or after July 1, 2010, shall be
175for a term of 2 years.
176     (b)  The council shall adopt internal organizational
177procedures as necessary for its efficient organization.
178     (c)  The department shall provide such staff, information,
179and other assistance as is reasonably necessary to assist the
180council in carrying out its responsibilities.
181     (d)  Members of the council shall serve without
182compensation, but may receive reimbursement as provided in s.
183112.061 for travel and other necessary expenses incurred in the
184performance of their official duties.
185     (4)  The council shall advise the State Surgeon General as
186to the direction and scope of the biomedical research program.
187The responsibilities of the council may include, but are not
188limited to:
189     (a)  Providing advice on program priorities and emphases.
190     (b)  Providing advice on the overall program budget.
191     (c)  Participating in periodic program evaluation.
192     (d)  Assisting in the development of guidelines to ensure
193fairness, neutrality, and adherence to the principles of merit
194and quality in the conduct of the program.
195     (e)  Assisting in the development of appropriate linkages
196to nonacademic entities, such as voluntary organizations, health
197care delivery institutions, industry, government agencies, and
198public officials.
199     (f)  Developing criteria and standards for the award of
200research grants.
201     (g)  Developing administrative procedures relating to
202solicitation, review, and award of research grants and
203fellowships, to ensure an impartial, high-quality peer review
204system.
205     (h)  Developing and supervising research peer review
206panels.
207     (i)  Reviewing reports of peer review panels and making
208recommendations for research grants and fellowships.
209     (j)  Developing and providing oversight regarding
210mechanisms for the dissemination of research results.
211     (5)(a)  Applications for biomedical research funding under
212the program may be submitted from any university or established
213research institute in the state. All qualified investigators in
214the state, regardless of institution affiliation, shall have
215equal access and opportunity to compete for the research
216funding.
217     (b)  Grants and fellowships shall be awarded by the State
218Surgeon General, after consultation with the council, on the
219basis of scientific merit, as determined by an open competitive
220peer review process that ensures objectivity, consistency, and
221high quality. The following types of applications shall be
222considered for funding:
223     1.  Investigator-initiated research grants.
224     2.  Institutional research and training grants.
225     3.  Predoctoral and postdoctoral research fellowships.
226     (c)  For any given year, the Biomedical Research Advisory
227Council may also recommend up to one-third of the allocation for
228the James and Esther King Biomedical Research Program for the
229recruitment of cancer, heart, or lung researchers and research
230teams to institutions in the state; for operational start-up
231grants for newly recruited cancer, heart, or lung researchers
232and research teams; and for equipment expenditures related to
233the expansion of cancer, heart, or lung research and treatment
234capacity in this state.
235     (6)  To ensure that all proposals for research funding are
236appropriate and are evaluated fairly on the basis of scientific
237merit, the State Surgeon General, in consultation with the
238council, shall appoint a peer review panel of independent,
239scientifically qualified individuals to review the scientific
240content of each proposal and establish its scientific priority
241score. The priority scores shall be forwarded to the council and
242must be considered in determining which proposals shall be
243recommended for funding.
244     (7)  The council and the peer review panel shall establish
245and follow rigorous guidelines for ethical conduct and adhere to
246a strict policy with regard to conflict of interest. A member of
247the council or panel may not participate in any discussion or
248decision with respect to a research proposal by any firm,
249entity, or agency with which the member is associated as a
250member of the governing body or as an employee, or with which
251the member has entered into a contractual arrangement. Meetings
252of the council and the peer review panels shall be subject to
253the provisions of chapter 119, s. 286.011, and s. 24, Art. I of
254the State Constitution.
255     (8)  The Department of Health may contract on a
256competitive-bid basis with an appropriate entity to administer
257the program. Administrative expenses may not exceed 7.5 15
258percent of the total funds available to the program in any given
259year.
260     (9)  The Department of Health, after consultation with the
261council, shall may adopt rules as necessary to administer
262implement this section, taking into consideration the nature of
263the program and making allowances in any adopted rules which
264enable timely implementation of calls for proposals, proposal
265reviews, proposal considerations, and any other program
266activities, and which prevent delays in making annual program
267awards to grant recipients.
268     (10)  The council shall submit an annual progress report on
269the state of biomedical research in this state to the Florida
270Center for Universal Research to Eradicate Disease and to the
271Governor, the State Surgeon General, the President of the
272Senate, and the Speaker of the House of Representatives by
273February 1. The report must include:
274     (a)  A list of research projects supported by grants or
275fellowships awarded under the program.
276     (b)  A list of recipients of program grants or fellowships.
277     (c)  A list of publications in peer reviewed journals
278involving research supported by grants or fellowships awarded
279under the program.
280     (d)  The total amount of biomedical research funding
281currently flowing into the state.
282     (e)  New grants for biomedical research which were funded
283based on research supported by grants or fellowships awarded
284under the program.
285     (f)  Progress in the prevention, diagnosis, treatment, and
286cure of diseases related to tobacco use, including cancer,
287cardiovascular disease, stroke, and pulmonary disease.
288     (11)  The council shall award grants for cancer research
289through the William G. "Bill" Bankhead, Jr., and David Coley
290Cancer Research Program created in s. 381.922.
291     (12)(a)  From funds appropriated to accomplish the goals of
292this section, up to $500,000 $250,000 shall be available for the
293operating costs of the Florida Center for Universal Research to
294Eradicate Disease.
295     (b)(a)  Beginning in the 2010-2011 2009-2010 fiscal year
296and thereafter, 5 percent of the revenue deposited into the
297Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
298shall be reserved for research of tobacco-related or cancer-
299related illnesses through the James and Esther King Biomedical
300Research Program and the William G. "Bill" Bankhead, Jr., and
301David Coley Cancer Research Program. The sum of $25 million
302shall be allocated annually to each of these programs; however,
303the sum of the revenue reserved pursuant to ss. 210.011(9) and
304210.276(7) may not exceed $50 million in any fiscal year.
305     (b)  In the 2009-2010 fiscal year, 2.5 percent, not to
306exceed $25 million, of the revenue deposited into the Health
307Care Trust Fund pursuant to this subsection shall be transferred
308to the Biomedical Research Trust Fund within the Department of
309Health for the James and Esther King Biomedical Research
310Program.
311     (13)  The Department of Health may accept gifts made
312unconditionally by will or otherwise, deposit them into the
313Biomedical Research Trust Fund, and use them for grant or
314fellowship awards in the James and Esther King Biomedical
315Research Program. Any gift made under conditions that, in the
316judgment of the department, upon consultation with the council,
317are proper and consistent with this section, the laws of the
318United States, and state law, may be accepted and shall be held,
319invested, reinvested, and used in accordance with the conditions
320of the gift. By June 1, 2009, the Division of Statutory Revision
321of the Office of Legislative Services shall certify to the
322President of the Senate and the Speaker of the House of
323Representatives the language and statutory citation of this
324section, which is scheduled to expire January 1, 2011.
325     (14)  The Legislature shall review the performance, the
326outcomes, and the financial management of the James and Esther
327King Biomedical Research Program during the 2010 Regular Session
328of the Legislature and shall determine the most appropriate
329funding source and means of funding the program based on its
330review.
331     (15)  This section expires January 1, 2011, unless reviewed
332and reenacted by the Legislature before that date.
333     Section 2.  Section 381.912, Florida Statutes, is repealed.
334     Section 3.  Section 381.92, Florida Statutes, is repealed.
335     Section 4.  Section 381.921, Florida Statutes, is repealed.
336     Section 5.  Section 381.922, Florida Statutes, is amended
337to read:
338     381.922  William G. "Bill" Bankhead, Jr., and David Coley
339Cancer Research Program.-
340     (1)  The William G. "Bill" Bankhead, Jr., and David Coley
341Cancer Research Program, which may be otherwise cited as the
342"Bankhead-Coley Program," is created within the Department of
343Health. The purpose of the program shall be to advance progress
344towards cures for cancer using through grants awarded through a
345peer-reviewed, competitive process and to expand cancer research
346and treatment capacity in this state.
347     (2)  The program shall provide grants for cancer research,
348including cancer clinical trials projects as provided in this
349section, to further the search for cures for cancer; for
350recruiting cancer researchers and research teams to institutions
351in the state; for operational start-up grants for newly
352recruited cancer researchers and research teams; or for
353equipment expenditures related to the expansion of cancer
354research and treatment capacity in the state.
355     (a)  Emphasis shall be given to the following goals that
356are designed to foster dramatic improvement in cancer research
357capacity in the state enumerated in s. 381.921, as they those
358goals support the advancement of such cures:.
359     1.  Significantly expand cancer research capacity in the
360state by identifying ways to attract new research talent and
361attendant national grant-producing researchers to cancer
362research facilities in this state; implement a peer-reviewed,
363competitive process to identify and fund the best proposals to
364expand cancer research institutes in this state; fund through
365available resources those proposals that demonstrate the
366greatest opportunity to attract federal research grants and
367private financial support; encourage the employment of
368bioinformatics in order to create a cancer informatics
369infrastructure that enhances information and resource exchange
370and integration through researchers working in diverse
371disciplines; facilitate the full spectrum of cancer
372investigations; facilitate the technical coordination, business
373development, and support of intellectual property as it relates
374to the advancement of cancer research; and aid in other
375multidisciplinary research-support activities as they inure to
376the advancement of cancer research.
377     2.  Improve both research and treatment through greater
378participation in clinical trial networks by:
379     a.  Identifying ways to increase enrollment in cancer
380clinical trials;
381     b.  Supporting public and private professional education
382programs designed to increase the awareness and knowledge about
383cancer clinical trials;
384     c.  Providing tools to cancer patients and community-based
385oncologists to aid in the identification of cancer clinical
386trials available in the state; and
387     d.  Creating opportunities for the state's academic cancer
388centers to collaborate with community-based oncologists in
389cancer clinical trials networks.
390     3.  Reduce the impact of cancer on disparate groups by
391identifying those cancers that disproportionately impact certain
392demographic groups and building collaborations designed to
393reduce health disparities as they relate to cancer.
394     (b)  Preference may be given to grant proposals that foster
395collaborations among institutions, researchers, and community
396practitioners, as such proposals support the advancement of
397cures through basic or applied research, including clinical
398trials involving cancer patients and related networks and the
399transfer of knowledge gained from research into the practice of
400community practitioners.
401     (3)(a)  Applications for funding for cancer research may be
402submitted by any university or established research institute in
403the state. All qualified investigators in the state, regardless
404of institutional affiliation, shall have equal access and
405opportunity to compete for the research funding. Collaborative
406proposals, including those that advance the program's goals
407enumerated in subsection (2), may be given preference. Grants
408shall be awarded by the State Surgeon General, after
409consultation with the Biomedical Research Advisory Council
410established in s. 215.5602, on the basis of scientific merit, as
411determined by an open, competitive peer review process that
412ensures objectivity, consistency, and high quality. The
413following types of applications shall be considered for funding:
414     1.  Investigator-initiated research grants.
415     2.  Institutional research and training grants.
416     3.  Predoctoral and postdoctoral research fellowships.
417     4.3.  Collaborative research grants, including those that
418advance the finding of cures through basic or applied research.
419     5.  Clinical trial project grants, particularly those
420projects such as matching services that identify prospective
421clinical trials treatment options for cancer patients in this
422state or those projects that otherwise foster greater rates of
423participation in trials. At least one such grant shall be
424awarded in any given year if a meritorious proposal or proposals
425are received. Such project grant proposals are not required to
426be posed as a research question in order to qualify for an
427award.
428     (b)  For any given year, the Biomedical Research Advisory
429Council may recommend up to one-third of the allocation for the
430William G. "Bill" Bankhead, Jr. and David Coley Cancer Research
431Program for the recruitment of cancer researchers and research
432teams to institutions in the state, for operational start-up
433grants for newly recruited cancer researchers and research
434teams, or for equipment expenditures related to the expansion of
435cancer research and treatment capacity in the state.
436     (c)(b)  In order to ensure that all proposals for research
437funding are appropriate and are evaluated fairly on the basis of
438scientific merit, the State Surgeon General, in consultation
439with the council, shall appoint a peer review panel of
440independent, scientifically qualified individuals to review the
441scientific content of each proposal and establish its priority
442score. The priority scores shall be forwarded to the council and
443must be considered in determining which proposals shall be
444recommended for funding.
445     (d)(c)  The council and the peer review panel shall
446establish and follow rigorous guidelines for ethical conduct and
447adhere to a strict policy with regard to conflicts of interest.
448A member of the council or panel may not participate in any
449discussion or decision with respect to a research proposal by
450any firm, entity, or agency with which the member is associated
451as a member of the governing body or as an employee or with
452which the member has entered into a contractual arrangement.
453Meetings of the council and the peer review panels are subject
454to chapter 119, s. 286.011, and s. 24, Art. I of the State
455Constitution.
456     (4)  By February 1 December 15 of each year, the Department
457of Health shall submit to the Governor, the President of the
458Senate, and the Speaker of the House of Representatives a report
459indicating progress towards the program's mission and making
460recommendations that further its purpose.
461     (5)  The William G. "Bill" Bankhead, Jr. and David Coley
462Cancer Research Program is funded pursuant to s. 215.5602(12)
463and this section, with an annual allocation of $25 million.
464Funds appropriated for the William G. "Bill" Bankhead, Jr., and
465David Coley Cancer Research Program shall be distributed
466pursuant to this section to provide grants to researchers
467seeking cures for cancer and cancer-related illnesses, with
468emphasis given to the goals enumerated in paragraph (2)(a) s.
469381.921. From the total funds appropriated, an amount of up to
4707.5 10 percent may be used for administrative expenses. In the
4712009-2010 fiscal year, 2.5 percent, not to exceed $25 million,
472of the revenue deposited into the Health Care Trust Fund
473pursuant to s. 215.5602(12)(a) shall be transferred to the
474Biomedical Research Trust Fund within the Department of Health
475for the William G. "Bill" Bankhead, Jr., and David Coley Cancer
476Research Program.
477     (6)  The Department of Health may accept gifts made
478unconditionally by will or otherwise, deposit them into the
479Biomedical Research Trust Fund, and use them for grant or
480fellowship awards in the William G. "Bill" Bankhead, Jr. and
481David Coley Cancer Research Program. Any gift made under
482conditions that, in the judgment of the department, upon
483consultation with the council, are proper and consistent with
484this section, the laws of the United States, and state law, may
485be accepted and shall be held, invested, reinvested, and used in
486accordance with the conditions of the gift. By June 1, 2009, the
487Division of Statutory Revision of the Office of Legislative
488Services shall certify to the President of the Senate and the
489Speaker of the House of Representatives the language and
490statutory citation of this section, which is scheduled to expire
491January 1, 2011.
492     (7)  The Legislature shall review the performance, the
493outcomes, and the financial management of the William G. "Bill"
494Bankhead, Jr., and David Coley Cancer Research Program during
495the 2010 Regular Session of the Legislature and shall determine
496the most appropriate funding source and means of funding the
497program based on its review.
498     (8)  This section expires January 1, 2011, unless reviewed
499and reenacted by the Legislature before that date.
500     Section 6.  Section 381.923, Florida Statutes, is created
501to read:
502     381.923  Comprehensive cancer control.-
503     (1)  SHORT TITLE.-This section may be cited as the "Florida
504Comprehensive Cancer Control Act."
505     (2)  LEGISLATIVE INTENT.-It is the finding of the
506Legislature that:
507     (a)  Advances in scientific knowledge have led to
508prevention, early detection, and therapeutic capabilities in the
509control of cancer. Such knowledge, screening technologies, and
510therapies must be made available to all residents of this state.
511     (b)  Research shows that certain lifestyles and exposures,
512such as tobacco use, exposure to ultraviolet radiation from the
513sun, and exposure to occupational and environmental carcinogens,
514contribute to the risk for many types of cancer and that certain
515screening tests are effective in finding cancer early when it is
516more treatable. The role of diet, exercise, and other healthy
517lifestyles are also important in cancer prevention and control.
518Proven causes of cancer and methods for early detection should
519be publicized and be the subject of linguistically and
520culturally appropriate educational and awareness programs for
521the prevention of cancer.
522     (c)  An effective cancer control program would mobilize the
523scientific, educational, and medical resources that presently
524exist into an intense attack against this dreaded disease, with
525the primary goal to reduce the cancer burden for the residents
526of this state.
527     (3)  DEFINITIONS.-As used in this section, the term:
528     (a)  "Cancer" means all malignant neoplasms, regardless of
529the tissue of origin, including lymphoma and leukemia.
530     (b)  "Council" means the Florida Cancer Control and
531Resource Advisory Council, which is an advisory body appointed
532to function on a continuing basis to recommend solutions and
533policy alternatives to the Governor, members of the Legislature,
534the State Surgeon General, and other policymakers.
535     (c)  "Department" means the Department of Health.
536     (d)  "Plan" means the Florida Cancer Plan.
537     (e)  "Program" means the Florida Cancer Control
538Collaborative Program.
539     (f)  "Qualified nonprofit association" means any
540association, incorporated or unincorporated, which has received
541tax-exempt status from the Internal Revenue Service.
542     (4)  FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
543CREATION; COMPOSITION.-
544     (a)  There is created within the H. Lee Moffitt Cancer
545Center and Research Institute, Inc., the Florida Cancer Control
546and Resource Advisory Council. The council shall consist of
547cancer organizational representation and cancer control
548stakeholders, with an elected chairperson. Each member must be a
549resident of this state. Three members representing the general
550public shall be appointed by the Governor. The President of the
551Senate and the Speaker of the House of Representatives shall
552each appoint one member from his or her legislative body to the
553council. Other members shall be selected to represent agencies
554and organizations in this state which are involved with various
555aspects of cancer control. These may include nonprofit
556organizations, professional associations, governmental agencies,
557medical schools, schools of public health, hospitals, cancer
558centers, cancer survivor groups, and other relevant cancer
559stakeholder organizations. Each of the following organizations
560shall appoint a representative to serve on the council:
561     1.  H. Lee Moffitt Cancer Center and Research Institute,
562Inc.
563     2.  University of Florida Shands Cancer Center.
564     3.  University of Miami Sylvester Comprehensive Cancer
565Center.
566     4.  Mayo Clinic, Florida.
567     5.  M.D. Anderson Cancer Center, Florida.
568     6.  American Cancer Society, Florida Division.
569     7.  American Association for Retired Persons.
570     8.  Department of Health.
571     9.  Department of Education.
572     10.  Florida Tumor Registrars Association.
573     11.  Florida Cancer Data System.
574     12.  Florida Society of Oncology Social Workers.
575     13.  Florida Oncology Nurses Society.
576     14.  Florida Society of Clinical Oncology.
577     15.  Florida Association of Pediatric Tumor Programs, Inc.
578     16.  Cancer Information Service.
579     17.  Florida Medical Association.
580     18.  Florida Hospital Association.
581     19.  Florida Nursing Association.
582     20.  Florida Dental Association.
583     21.  Florida Osteopathic Association.
584     22.  University of Florida College of Medicine.
585     23.  University of Miami College of Medicine.
586     24.  University of South Florida College of Medicine.
587     25.  Florida State University College of Medicine.
588     26.  University of Central Florida College of Medicine.
589     27.  Nova Southeastern College of Osteopathic Medicine.
590     28.  University of Central Florida College of Medicine.
591     29.  Florida International University College of Medicine.
592     30.  Lake Erie School of Osteopathic Medicine.
593     31.  Biomedical Research Advisory Council.
594     32.  Center for Universal Research to Eradicate Disease.
595     33.  A representative from each of the regional Cancer
596Control Collaboratives.
597     (b)  An executive committee shall be comprised of the
598council's elected chairman, one at-large member elected by the
599full council, and the members representing the Department of
600Health, the American Cancer Society, the H. Lee Moffitt Cancer
601Center and Research Institute, Inc., the University of Florida
602Shands Cancer Center, and the University of Miami Sylvester
603Comprehensive Cancer Center, as well as the appointee of the
604President of the Senate, the appointee of the Speaker of the
605House of Representatives, and one of the gubernatorial
606appointees, who shall be designated by the council's chairman.
607Should the council chairman be a designee from one of the named
608entities in this paragraph, the full council shall elect a
609second at-large position to serve on the executive committee.
610The elected positions on the executive committee shall be for
611terms of 2 years.
612     (c)  The council shall meet at least semiannually. A
613majority of members participating shall constitute a quorum for
614the purpose of exercising all of the powers of the council.
615     (d)  The council members shall serve without compensation,
616but are entitled to reimbursement for per diem and travel
617expenses as provided in s. 112.061.
618     (e)  A member of the council may not participate in any
619discussion or decision to recommend any type of award or
620contract to any qualified nonprofit association or to any agency
621of this state or its political subdivisions with which the
622member is associated as a member of the governing body or as an
623employee or with which the member has entered into a contractual
624arrangement.
625     (f)  The council may prescribe, amend, and repeal bylaws
626governing the manner in which the business of the council is
627conducted.
628     (g)  The council shall advise the Governor, the
629Legislature, the State Surgeon General, or other state
630policymakers with respect to cancer control and resources in
631this state.
632     (h)  The council shall approve a program for cancer control
633to be known as the "Florida Cancer Plan," which shall be
634consistent to the extent possible with other cancer or health-
635related state plans and integrated and coordinated with existing
636programs in this state. The council shall review and approve the
637plan at least every 2 years.
638     (i)  The council shall formulate and recommend to the
639Governor, the Legislature, the State Surgeon General, and other
640state policymakers a plan for the prevention and early detection
641of cancer which is evidence-based and consistent with standards
642of practice and supported by evidence-based medicine. The State
643Surgeon General and other state policymakers shall consider the
644plan in developing departmental priorities and funding
645priorities and standards under chapter 395.
646     (j)  The council shall provide expertise and input in the
647content and development of the Florida Cancer Plan.
648Recommendations shall include the coordination and integration
649of other state plans concerned with cancer control. Committees
650may be formed by the council so that the following areas will be
651established as entities for actions:
652     1.  Cancer plan evaluation, including tumor registry, data
653retrieval systems, and epidemiology of cancer in the state and
654its relation to other areas.
655     2.  Cancer prevention.
656     3.  Cancer detection.
657     4.  Cancer treatments.
658     5.  Support services for cancer patients and caregivers.
659     6.  Cancer education for laypersons and professionals.
660     7.  Other cancer-control-related topics.
661     (k)  The council shall advise the State Surgeon General on
662methods of enforcing and implementing laws already enacted and
663concerned with cancer control.
664     (l)  The council may recommend to the State Surgeon General
665rules not inconsistent with law as it may deem necessary for the
666performance of its duties and the proper administration of this
667section.
668     (m)  The council shall be physically located at the H. Lee
669Moffitt Cancer Center and Research Institute, Inc.
670     (n)  By December 1 of each year, the council shall report
671any findings and recommendations to the Governor, the President
672of the Senate, the Speaker of the House of Representatives, and
673the State Surgeon General.
674     (5)  RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
675AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.-
676     (a)  The H. Lee Moffitt Cancer Center and Research
677Institute, Inc., shall provide a full-time executive director to
678coordinate, facilitate, and communicate the mission and
679responsibilities of the council. Additional administrative
680support, information, and other assistance shall also be
681provided as reasonably necessary for the completion of the
682responsibilities of the council.
683     (b)  From the funds appropriated annually for the William
684G. "Bill" Bankhead, Jr. and David Coley Cancer Research Program,
685the sum of $150,000 shall be allocated to the H. Lee Moffitt
686Cancer Center and Research Institute, Inc., for the
687administrative costs and staff support to convene and facilitate
688the responsibilities of the council.
689     (c)  The Department of Health, after consultation with the
690council, may adopt rules necessary to administer this section.
691     (d)  The Florida Cancer Plan is established within the
692Department of Health. The Department of Health shall consult
693with the council in developing the plan, prioritizing goals, and
694allocating resources. The plan shall be approved by the council.
695The Cancer Control Collaborative Program shall prioritize
696programs and resources to reduce the burden of cancer in this
697state, consistent with the plan.
698     (6)  FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM;
699CREATION; COMPOSITION.-
700     (a)  The Cancer Control Collaborative Program is
701established within the Department of Health and resides within
702the cancer program. The program is responsible for overseeing
703and providing infrastructure for the state cancer collaborative
704network. The primary mission of the program is to implement the
705plan's initiatives and identify and facilitate the local
706development of solutions to cancer control needs of the
707populations served by the regional cancer control
708collaboratives.
709     (b)  The Department of Health shall appoint a cancer
710program director, who is responsible for supervising the
711collaborative program. At a minimum, centralized organization,
712communications, information technology, shared resources, and
713cancer control expertise shall be provided to the regional
714cancer control collaboratives by the Department of Health.
715     (c)  Each regional cancer control collaborative shall bring
716together local cancer stakeholders, develop bylaws, identify
717priority cancer control needs of its region, and develop
718solutions to solve problems, consistent with the plan and the
719goal of reducing the burden of cancer in this state. Each
720collaborative shall meet at least semiannually and send
721representation to the council meetings.
722     (d)  By October 15 of each year, the collaborative program
723shall submit an annual report to the council. The council shall
724have input into the prioritization of programs and proposed
725allocation of resources in the program consistent with the plan.
726     (e)  The Cancer Control Collaborative Program shall serve
727as the infrastructure for expansion or adaptation as federal
728programs or other opportunities arise for future cancer control
729initiatives. The development of the infrastructure for local
730cancer control collaboratives, to the extent possible, shall be
731designed to leverage opportunities for funding from the United
732States Centers for Disease Control or other federal sources.
733     Section 7.  Paragraph (a) of subsection (5) of section
734381.855, Florida Statutes, is amended to read:
735     381.855  Florida Center for Universal Research to Eradicate
736Disease.-
737     (5)  There is established within the center an advisory
738council that shall meet at least annually.
739     (a)  The council shall consist of one representative from a
740Florida not-for-profit institution engaged in basic and clinical
741biomedical research and education which receives more than $10
742million in annual grant funding from the National Institutes of
743Health, to be appointed by the State Surgeon General from a
744different institution each term, and one representative from and
745appointed by each of the following entities:
746     1.  Enterprise Florida, Inc.
747     2.  BioFlorida.
748     3.  The Biomedical Research Advisory Council.
749     4.  The Florida Medical Foundation.
750     5.  Pharmaceutical Research and Manufacturers of America.
751     6.  The Florida Cancer Council.
752     6.7.  The American Cancer Society, Florida Division, Inc.
753     7.8.  The American Heart Association.
754     8.9.  The American Lung Association of Florida.
755     9.10.  The American Diabetes Association, South Coastal
756Region.
757     10.11.  The Alzheimer's Association.
758     11.12.  The Epilepsy Foundation.
759     12.13.  The National Parkinson Foundation.
760     13.14.  The Florida Public Health Institute, Inc.
761     14.15.  The Florida Research Consortium.
762     Section 8.  Subsection (1) and paragraph (a) of subsection
763(2) of section 458.324, Florida Statutes, are amended to read:
764     458.324  Breast cancer; information on treatment
765alternatives.-
766     (1)  DEFINITION.-As used in this section, the term
767"medically viable," as applied to treatment alternatives, means
768modes of treatment generally considered by the medical
769profession to be within the scope of current, acceptable
770standards, including treatment alternatives described in the
771written summary prepared by the Florida Cancer Control and
772Resource Research Advisory Council in accordance with s.
7731004.435(4)(m).
774     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-Each
775physician treating a patient who is, or in the judgment of the
776physician is at high risk of being, diagnosed as having breast
777cancer shall inform such patient of the medically viable
778treatment alternatives available to such patient; shall describe
779such treatment alternatives; and shall explain the relative
780advantages, disadvantages, and risks associated with the
781treatment alternatives to the extent deemed necessary to allow
782the patient to make a prudent decision regarding such treatment
783options. In compliance with this subsection:
784     (a)  The physician may, in his or her discretion:
785     1.  Orally communicate such information directly to the
786patient or the patient's legal representative;
787     2.  Provide the patient or the patient's legal
788representative with a copy of the written summary prepared in
789accordance with s. 1004.435(4)(m) and express a willingness to
790discuss the summary with the patient or the patient's legal
791representative; or
792     3.  Both communicate such information directly and provide
793a copy of the written summary to the patient or the patient's
794legal representative for further consideration and possible
795later discussion.
796
797Nothing in this subsection shall reduce other provisions of law
798regarding informed consent.
799     Section 9.  Subsection (1) and paragraph (a) of subsection
800(2) of section 459.0125, Florida Statutes, are amended to read:
801     459.0125  Breast cancer; information on treatment
802alternatives.-
803     (1)  DEFINITION.-As used in this section, the term
804"medically viable," as applied to treatment alternatives, means
805modes of treatment generally considered by the medical
806profession to be within the scope of current, acceptable
807standards, including treatment alternatives described in the
808written summary prepared by the Florida Cancer Control and
809Resource Research Advisory Council in accordance with s.
8101004.435(4)(m).
811     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-It is the
812obligation of every physician treating a patient who is, or in
813the judgment of the physician is at high risk of being,
814diagnosed as having breast cancer to inform such patient of the
815medically viable treatment alternatives available to such
816patient; to describe such treatment alternatives; and to explain
817the relative advantages, disadvantages, and risks associated
818with the treatment alternatives to the extent deemed necessary
819to allow the patient to make a prudent decision regarding such
820treatment options. In compliance with this subsection:
821     (a)  The physician may, in her or his discretion:
822     1.  Orally communicate such information directly to the
823patient or the patient's legal representative;
824     2.  Provide the patient or the patient's legal
825representative with a copy of the written summary prepared in
826accordance with s. 1004.435(4)(m) and express her or his
827willingness to discuss the summary with the patient or the
828patient's legal representative; or
829     3.  Both communicate such information directly and provide
830a copy of the written summary to the patient or the patient's
831legal representative for further consideration and possible
832later discussion.
833
834Nothing in This subsection does not shall reduce other
835provisions of law regarding informed consent.
836     Section 10.  Section 1004.435, Florida Statutes, is
837repealed.
838     Section 11.  This act shall take effect July 1, 2010.


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