HB 655

A bill to be entitled
2An act relating to biomedical research; amending s.
320.435, F.S.; extending the period during which
4certain expenditures may be made from the Biomedical
5Research Trust Fund; amending s. 215.5602, F.S.,
6relating to James and Esther King Biomedical Research
7Program; revising the composition, terms, and duties
8of the Biomedical Research Advisory Council; providing
9that certain types of applications may, rather than
10shall, be considered for funding under the program;
11exempting grant programs under the purview of the
12council from ch. 120, F.S.; requiring the council to
13submit a progress report and specifying contents
14thereof; amending s. 381.922, F.S., relating to
15William G. "Bill" Bankhead, Jr., and David Coley
16Cancer Research Program; providing that certain types
17of applications may, rather than shall, be considered
18for funding under the program; removing a requirement
19for a report to the Governor and the Legislature;
20amending s. 381.855, F.S., relating to Florida Center
21for Universal Research to Eradicate Disease; revising
22composition of an advisory council; providing an
23effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Paragraph (c) of subsection (8) of section
2820.435, Florida Statutes, is amended to read:
29     20.435  Department of Health; trust funds.-The following
30trust funds shall be administered by the Department of Health:
31     (8)  Biomedical Research Trust Fund.
32     (c)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
33any balance of any appropriation from the Biomedical Research
34Trust Fund which is not disbursed but which is obligated
35pursuant to contract or committed to be expended may be carried
36forward for up to 5 3 years following the effective date of the
37original appropriation.
38     Section 2.  Paragraph (a) of subsection (3), paragraph (b)
39of subsection (5), and subsections (4), (6), (9), and (10) of
40section 215.5602, Florida Statutes, are amended to read:
41     215.5602  James and Esther King Biomedical Research
43     (3)  There is created within the Department of Health the
44Biomedical Research Advisory Council.
45     (a)  The council shall consist of 11 members, including:
46the chief executive officer of the Florida Division of the
47American Cancer Society, or a designee; the chief executive
48officer of the Greater Southeast Florida/Puerto Rico Affiliate
49of the American Heart Association, or a designee; and the chief
50executive officer of the American Lung Association of Florida,
51or a designee. The remaining 8 members of the council shall be
52appointed as follows:
53     1.  The Governor shall appoint four members, two members
54with expertise in the field of biomedical research, one member
55from a research university in the state, and one member
56representing the general population of the state.
57     2.  The President of the Senate shall appoint two members,
58one member with expertise in the field of behavioral or social
59research and one representative from a cancer program approved
60by the American College of Surgeons.
61     3.  The Speaker of the House of Representatives shall
62appoint two members, one member from a professional medical
63organization and one representative from a cancer program
64approved by the American College of Surgeons.
66In making these appointments, the Governor, the President of the
67Senate, and the Speaker of the House of Representatives shall
68select primarily, but not exclusively, Floridians with
69biomedical and lay expertise in the general areas of cancer,
70cardiovascular disease, stroke, and pulmonary disease. The
71appointments shall be for a 3-year term and shall reflect the
72diversity of the state's population. An appointed member may not
73serve more than two consecutive terms. The first two
74appointments by the Governor and the first appointment by the
75President of the Senate and the Speaker of the House of
76Representatives on or after July 1, 2012, shall be for a term of
772 years.
78     (4)  The council shall advise the State Surgeon General as
79to the direction and scope of the biomedical research program.
80The responsibilities of the council may include, but are not
81limited to:
82     (a)  Providing advice on program priorities and emphases.
83     (b)  Providing advice on the overall program budget.
84     (c)  Participating in periodic program evaluation.
85     (d)  Assisting in the development of guidelines to ensure
86fairness, neutrality, and adherence to the principles of merit
87and quality in the conduct of the program.
88     (e)  Assisting in the development of appropriate linkages
89to nonacademic entities, such as voluntary organizations, health
90care delivery institutions, industry, government agencies, and
91public officials.
92     (f)  Developing criteria and standards for the award of
93research grants.
94     (g)  Developing administrative procedures relating to
95solicitation, review, and award of research grants and
96fellowships, to ensure an impartial, high-quality peer review
98     (h)  Developing and supervising research peer review
100     (h)(i)  Reviewing reports of peer review panels and making
101recommendations for research grants and fellowships.
102     (i)(j)  Developing and providing oversight regarding
103mechanisms for the dissemination of research results.
104     (5)
105     (b)  Grants and fellowships shall be awarded by the State
106Surgeon General, after consultation with the council, on the
107basis of scientific merit, as determined by an open competitive
108peer review process that ensures objectivity, consistency, and
109high quality. The following types of applications may shall be
110considered for funding:
111     1.  Investigator-initiated research grants.
112     2.  Institutional research grants.
113     3.  Predoctoral and postdoctoral research fellowships.
114     (6)  To ensure that all proposals for research funding are
115appropriate and are evaluated fairly on the basis of scientific
116merit, the Department of Health State Surgeon General, in
117consultation with the council, shall appoint a peer review panel
118of independent, scientifically qualified individuals to review
119the scientific content of each proposal and establish its
120scientific priority score. The priority scores shall be
121forwarded to the council and must be considered in determining
122which proposals shall be recommended for funding.
123     (9)  The grant programs under the purview of the council
124are exempt from chapter 120 department, after consultation with
125the council, may adopt rules as necessary to implement this
127     (10)  The council shall submit a fiscal-year an annual
128progress report on the programs under its purview state of
129biomedical research in this state to the Florida Center for
130Universal Research to Eradicate Disease and to the Governor, the
131State Surgeon General, the President of the Senate, and the
132Speaker of the House of Representatives by December 15 February
1331. The report must include:
134     (a)  A list of research projects supported by grants or
135fellowships awarded under the program.
136     (b)  A list of recipients of program grants or fellowships.
137     (c)  A list of publications in peer reviewed journals
138involving research supported by grants or fellowships awarded
139under the program.
140     (d)  The state ranking and total amount of biomedical
141research funding currently flowing into the state from the
142National Institutes of Health.
143     (e)  New grants for biomedical research which were funded
144based on research supported by grants or fellowships awarded
145under the program.
146     (f)  Progress towards program goals, particularly in the
147prevention, diagnosis, treatment, and cure of diseases related
148to tobacco use, including cancer, cardiovascular disease,
149stroke, and pulmonary disease.
150     (g)  Recommendations that further the program's mission.
151     Section 3.  Paragraph (a) of subsection (3) and present
152subsection (4) of section 381.922, Florida Statutes, are
153amended, and subsection (5) is renumbered as subsection (4) of
154that section, to read:
155     381.922  William G. "Bill" Bankhead, Jr., and David Coley
156Cancer Research Program.-
157     (3)(a)  Applications for funding for cancer research may be
158submitted by any university or established research institute in
159the state. All qualified investigators in the state, regardless
160of institutional affiliation, shall have equal access and
161opportunity to compete for the research funding. Collaborative
162proposals, including those that advance the program's goals
163enumerated in subsection (2), may be given preference. Grants
164shall be awarded by the State Surgeon General, after
165consultation with the Biomedical Research Advisory Council, on
166the basis of scientific merit, as determined by an open,
167competitive peer review process that ensures objectivity,
168consistency, and high quality. The following types of
169applications may shall be considered for funding:
170     1.  Investigator-initiated research grants.
171     2.  Institutional research grants.
172     3.  Collaborative research grants, including those that
173advance the finding of cures through basic or applied research.
174     (4)  By December 15 of each year, the Department of Health
175shall submit to the Governor, the President of the Senate, and
176the Speaker of the House of Representatives a report indicating
177progress towards the program's mission and making
178recommendations that further its purpose.
179     Section 4.  Paragraph (a) of subsection (5) of section
180381.855, Florida Statutes, is amended to read:
181     381.855  Florida Center for Universal Research to Eradicate
183     (5)  There is established within the center an advisory
184council that shall meet at least annually.
185     (a)  The council shall consist of one representative from a
186Florida not-for-profit institution engaged in basic and clinical
187biomedical research and education which receives more than $10
188million in annual grant funding from the National Institutes of
189Health, to be appointed by the State Surgeon General from a
190different institution each term, and one representative from and
191appointed by each of the following entities:
192     1.  Enterprise Florida, Inc.
193     2.  BioFlorida.
194     3.  The Biomedical Research Advisory Council.
195     4.  The Florida Medical Foundation.
196     5.  Pharmaceutical Research and Manufacturers of America.
197     6.  The American Cancer Society, Florida Division, Inc.
198     7.  The American Heart Association, Greater Southeast
200     8.  The American Lung Association of Florida.
201     9.  The American Diabetes Association, South Coastal
203     10.  The Alzheimer's Association.
204     11.  The Epilepsy Foundation.
205     12.  The National Parkinson Foundation.
206     13.  The Florida Public Health Institute, Inc.
207     14.  The Florida Research Consortium.
208     Section 5.  This act shall take effect July 1, 2012.

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