Florida Senate - 2012                              CS for SB 616
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Flores
       
       
       
       585-02459-12                                           2012616c1
    1                        A bill to be entitled                      
    2         An act relating to biomedical research; amending s.
    3         20.435, F.S.; revising the number of years that the
    4         balance of an appropriation from the Biomedical
    5         Research Trust Fund may be carried forward following
    6         the effective date of the original appropriation;
    7         amending s. 215.5602, F.S.; revising a reference to an
    8         affiliate chapter of the American Heart Association;
    9         revising the terms of appointment for certain members
   10         of the Biomedical Research Advisory Council within the
   11         Department of Health; revising the responsibilities of
   12         the council; requiring that the department, rather
   13         than the State Surgeon General, in consultation with
   14         the council, appoint a peer review panel of
   15         independent, scientifically qualified individuals to
   16         review the scientific merit of each proposal and
   17         establish its scientific priority score under the
   18         James and Esther King Biomedical Research Program;
   19         providing that certain types of applications may be
   20         considered for funding by the James and Esther King
   21         Biomedical Research Program; deleting a provision that
   22         subjects meetings of the council and peer review
   23         panels to public records and public meetings
   24         requirements; providing that grant programs under the
   25         purview of the advisory council are exempt from
   26         rulemaking authority; requiring that the council
   27         submit an annual progress report for each fiscal year
   28         on programs under its purview to certain entities by a
   29         specified date; revising the required content of the
   30         report; amending s. 381.855, F.S.; specifying the name
   31         of an affiliate chapter of the American Heart
   32         Association as it relates to the membership of the
   33         advisory council within the Florida Center for
   34         Universal Research to Eradicate Disease; amending s.
   35         381.922, F.S.; requiring that the department, rather
   36         than the State Surgeon General, in consultation with
   37         the council, appoint a peer review panel of
   38         independent, scientifically qualified individuals
   39         award grants under the William G. “Bill” Bankhead,
   40         Jr., and David Coley Cancer Research Program;
   41         providing that certain types of applications may be
   42         considered for funding in the William G. “Bill”
   43         Bankhead, Jr., and David Coley Cancer Research
   44         Program; requiring that the department, rather than
   45         the State Surgeon General, without the consultation of
   46         the council, appoint a peer review panel of
   47         independent, scientifically qualified individuals to
   48         review the scientific merit of each proposal for
   49         research funding and establish its priority score;
   50         deleting a provision that subjects meetings of the
   51         council and peer review panels to public records and
   52         public meetings requirements; deleting the requirement
   53         that the department submit to the Governor and the
   54         Legislature a report that indicates progress toward
   55         the program’s mission and makes recommendations that
   56         further its purpose; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Paragraph (c) of subsection (8) of section
   61  20.435, Florida Statutes, is amended to read:
   62         20.435 Department of Health; trust funds.—The following
   63  trust funds shall be administered by the Department of Health:
   64         (8) Biomedical Research Trust Fund.
   65         (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   66  any balance of any appropriation from the Biomedical Research
   67  Trust Fund which is not disbursed but which is obligated
   68  pursuant to contract or committed to be expended may be carried
   69  forward for up to 5 3 years following the effective date of the
   70  original appropriation.
   71         Section 2. Paragraph (a) of subsection (3), subsection (4),
   72  paragraph (b) of subsection (5), and subsections (6), (7), (9),
   73  and (10) of section 215.5602, Florida Statutes, are amended to
   74  read:
   75         215.5602 James and Esther King Biomedical Research
   76  Program.—
   77         (3) There is created within the Department of Health the
   78  Biomedical Research Advisory Council.
   79         (a) The council shall consist of 11 members, including: the
   80  chief executive officer of the Florida Division of the American
   81  Cancer Society, or a designee; the chief executive officer of
   82  the Greater Southeast Florida/Puerto Rico Affiliate of the
   83  American Heart Association, or a designee; and the chief
   84  executive officer of the American Lung Association of Florida,
   85  or a designee. The remaining 8 members of the council shall be
   86  appointed as follows:
   87         1. The Governor shall appoint four members, two members
   88  with expertise in the field of biomedical research, one member
   89  from a research university in the state, and one member
   90  representing the general population of the state.
   91         2. The President of the Senate shall appoint two members,
   92  one member with expertise in the field of behavioral or social
   93  research and one representative from a cancer program approved
   94  by the American College of Surgeons.
   95         3. The Speaker of the House of Representatives shall
   96  appoint two members, one member from a professional medical
   97  organization and one representative from a cancer program
   98  approved by the American College of Surgeons.
   99  
  100  In making these appointments, the Governor, the President of the
  101  Senate, and the Speaker of the House of Representatives shall
  102  select primarily, but not exclusively, Floridians with
  103  biomedical and lay expertise in the general areas of cancer,
  104  cardiovascular disease, stroke, and pulmonary disease. The
  105  appointments shall be for a 3-year term and shall reflect the
  106  diversity of the state’s population. An appointed member may not
  107  serve more than two consecutive terms. The first two
  108  appointments by the Governor and the first appointment by the
  109  President of the Senate and the Speaker of the House of
  110  Representatives on or after July 1, 2012, shall be for a term of
  111  2 years.
  112         (4) The council shall advise the State Surgeon General as
  113  to the direction and scope of the biomedical research program.
  114  The responsibilities of the council may include, but are not
  115  limited to:
  116         (a) Providing advice on program priorities and emphases.
  117         (b) Providing advice on the overall program budget.
  118         (c) Participating in periodic program evaluation.
  119         (d) Assisting in the development of guidelines to ensure
  120  fairness, neutrality, and adherence to the principles of merit
  121  and quality in the conduct of the program.
  122         (e) Assisting in the development of appropriate linkages to
  123  nonacademic entities, such as voluntary organizations, health
  124  care delivery institutions, industry, government agencies, and
  125  public officials.
  126         (f) Developing criteria and standards for the award of
  127  research grants.
  128         (g) Developing guidelines administrative procedures
  129  relating to solicitation, review, and award of research grants
  130  and fellowships, to ensure an impartial, high-quality peer
  131  review system.
  132         (h) Developing and supervising research peer review panels.
  133         (h)(i) Reviewing reports of peer review panels and making
  134  recommendations for research grants and fellowships.
  135         (i)(j) Developing and providing oversight regarding
  136  mechanisms for the dissemination of research results.
  137         (5)
  138         (b) Grants and fellowships shall be awarded by the State
  139  Surgeon General, after consultation with the council, on the
  140  basis of scientific merit, as determined by the competitively an
  141  open, peer-reviewed competitive peer review process to ensure
  142  that ensures objectivity, consistency, and high quality. The
  143  following types of applications may shall be considered for
  144  funding:
  145         1. Investigator-initiated research grants.
  146         2. Institutional research grants.
  147         3. Predoctoral and postdoctoral research fellowships.
  148         (6) To ensure that all proposals for research funding are
  149  appropriate and are evaluated fairly on the basis of scientific
  150  merit, the department State Surgeon General, in consultation
  151  with the council, shall appoint a peer review panels panel of
  152  independent, scientifically qualified individuals to review the
  153  scientific merit content of each proposal and establish its
  154  scientific priority score. The priority scores shall be
  155  forwarded to the council and must be considered in determining
  156  which proposals shall be recommended for funding.
  157         (7) The council and the peer review panel shall establish
  158  and follow rigorous guidelines for ethical conduct and adhere to
  159  a strict policy with regard to conflict of interest. A member of
  160  the council or panel may not participate in any discussion or
  161  decision of the council or panel with respect to a research
  162  proposal by any firm, entity, or agency with which the member is
  163  associated as a member of the governing body or as an employee,
  164  or with which the member has entered into a contractual
  165  arrangement. Meetings of the council and the peer review panels
  166  shall be subject to the provisions of chapter 119, s. 286.011,
  167  and s. 24, Art. I of the State Constitution.
  168         (9) The grant programs under the purview of the council are
  169  exempt from rulemaking authority under chapter 120 department,
  170  after consultation with the council, may adopt rules as
  171  necessary to implement this section.
  172         (10) The council shall submit an annual progress report for
  173  each fiscal year on programs under its purview on the state of
  174  biomedical research in this state to the Florida Center for
  175  Universal Research to Eradicate Disease and to the Governor, the
  176  State Surgeon General, the President of the Senate, and the
  177  Speaker of the House of Representatives by December 15 February
  178  1. The report must include:
  179         (a) A list of research projects supported by grants or
  180  fellowships awarded under the program.
  181         (b) A list of recipients of program grants or fellowships.
  182         (c) A list of publications in peer reviewed journals
  183  involving research supported by grants or fellowships awarded
  184  under the program.
  185         (d) The state ranking and total amount of biomedical
  186  research funding currently flowing into the state from the
  187  National Institutes of Health.
  188         (e) New grants for biomedical research which were funded
  189  based on research supported by grants or fellowships awarded
  190  under the program.
  191         (f) Progress towards programmatic goals, particularly in
  192  the prevention, diagnosis, treatment, and cure of diseases
  193  related to tobacco use, including cancer, cardiovascular
  194  disease, stroke, and pulmonary disease.
  195         (g) Recommendations that further the missions of the
  196  programs.
  197         Section 3. Paragraph (a) of subsection (5) of section
  198  381.855, Florida Statutes, is amended to read:
  199         381.855 Florida Center for Universal Research to Eradicate
  200  Disease.—
  201         (5) There is established within the center an advisory
  202  council that shall meet at least annually.
  203         (a) The council shall consist of one representative from a
  204  Florida not-for-profit institution engaged in basic and clinical
  205  biomedical research and education which receives more than $10
  206  million in annual grant funding from the National Institutes of
  207  Health, to be appointed by the State Surgeon General from a
  208  different institution each term, and one representative from and
  209  appointed by each of the following entities:
  210         1. Enterprise Florida, Inc.
  211         2. BioFlorida.
  212         3. The Biomedical Research Advisory Council.
  213         4. The Florida Medical Foundation.
  214         5. Pharmaceutical Research and Manufacturers of America.
  215         6. The American Cancer Society, Florida Division, Inc.
  216         7. The American Heart Association, Greater Southeast
  217  Affiliate.
  218         8. The American Lung Association of Florida.
  219         9. The American Diabetes Association, South Coastal Region.
  220         10. The Alzheimer’s Association.
  221         11. The Epilepsy Foundation.
  222         12. The National Parkinson Foundation.
  223         13. The Florida Public Health Institute, Inc.
  224         14. The Florida Research Consortium.
  225         Section 4. Subsections (3), (4), and (5) of section
  226  381.922, Florida Statutes, are amended to read:
  227         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  228  Cancer Research Program.—
  229         (3)(a) Applications for funding for cancer research may be
  230  submitted by any university or established research institute in
  231  the state. All qualified investigators in the state, regardless
  232  of institutional affiliation, shall have equal access and
  233  opportunity to compete for the research funding. Collaborative
  234  proposals, including those that advance the program’s goals
  235  enumerated in subsection (2), may be given preference. Grants
  236  shall be awarded by the department State Surgeon General, after
  237  consultation with the Biomedical Research Advisory Council, on
  238  the basis of scientific merit, as determined by the
  239  competitively an open, peer-reviewed competitive peer review
  240  process to ensure that ensures objectivity, consistency, and
  241  high quality. The following types of applications may shall be
  242  considered for funding:
  243         1. Investigator-initiated research grants.
  244         2. Institutional research grants.
  245         3. Collaborative research grants, including those that
  246  advance the finding of cures through basic or applied research.
  247         (b) In order to ensure that all proposals for research
  248  funding are appropriate and are evaluated fairly on the basis of
  249  scientific merit, the department State Surgeon General, in
  250  consultation with the council, shall appoint a peer review
  251  panels panel of independent, scientifically qualified
  252  individuals to review the scientific merit content of each
  253  proposal and establish its priority score. The priority scores
  254  shall be forwarded to the council and must be considered in
  255  determining which proposals shall be recommended for funding.
  256         (c) The council and the peer review panel shall establish
  257  and follow rigorous guidelines for ethical conduct and adhere to
  258  a strict policy with regard to conflicts of interest. A member
  259  of the council or panel may not participate in any discussion or
  260  decision of the council or panel with respect to a research
  261  proposal by any firm, entity, or agency with which the member is
  262  associated as a member of the governing body or as an employee
  263  or with which the member has entered into a contractual
  264  arrangement. Meetings of the council and the peer review panels
  265  are subject to chapter 119, s. 286.011, and s. 24, Art. I of the
  266  State Constitution.
  267         (4) By December 15 of each year, the Department of Health
  268  shall submit to the Governor, the President of the Senate, and
  269  the Speaker of the House of Representatives a report indicating
  270  progress towards the program’s mission and making
  271  recommendations that further its purpose.
  272         (4)(5) The William G. “Bill” Bankhead, Jr., and David Coley
  273  Cancer Research Program is funded pursuant to s. 215.5602(12).
  274  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
  275  David Coley Cancer Research Program shall be distributed
  276  pursuant to this section to provide grants to researchers
  277  seeking cures for cancer and cancer-related illnesses, with
  278  emphasis given to the goals enumerated in this section. From the
  279  total funds appropriated, an amount of up to 10 percent may be
  280  used for administrative expenses. From funds appropriated to
  281  accomplish the goals of this section, up to $250,000 shall be
  282  available for the operating costs of the Florida Center for
  283  Universal Research to Eradicate Disease.
  284         Section 5. This act shall take effect July 1, 2012.