HB 655

1	A bill to be entitled
2	An act relating to biomedical research; amending s.
3	20.435, F.S.; extending the period during which
4	certain expenditures may be made from the Biomedical
5	Research Trust Fund; amending s. 215.5602, F.S.,
6	relating to James and Esther King Biomedical Research
7	Program; revising the composition, terms, and duties
8	of the Biomedical Research Advisory Council; providing
9	that certain types of applications may, rather than
10	shall, be considered for funding under the program;
11	exempting grant programs under the purview of the
12	council from ch. 120, F.S.; requiring the council to
13	submit a progress report and specifying contents
14	thereof; amending s. 381.922, F.S., relating to
15	William G. "Bill" Bankhead, Jr., and David Coley
16	Cancer Research Program; providing that certain types
17	of applications may, rather than shall, be considered
18	for funding under the program; removing a requirement
19	for a report to the Governor and the Legislature;
20	amending s. 381.855, F.S., relating to Florida Center
21	for Universal Research to Eradicate Disease; revising
22	composition of an advisory council; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (c) of subsection (8) of section
28	20.435, Florida Statutes, is amended to read:
29	20.435  Department of Health; trust funds.-The following
30	trust 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,
33	any balance of any appropriation from the Biomedical Research
34	Trust Fund which is not disbursed but which is obligated
35	pursuant to contract or committed to be expended may be carried
36	forward for up to 5 3 years following the effective date of the
37	original appropriation.
38	Section 2.  Paragraph (a) of subsection (3), paragraph (b)
39	of subsection (5), and subsections (4), (6), (9), and (10) of
40	section 215.5602, Florida Statutes, are amended to read:
41	215.5602  James and Esther King Biomedical Research
42	Program.-
43	(3)  There is created within the Department of Health the
44	Biomedical Research Advisory Council.
45	(a)  The council shall consist of 11 members, including:
46	the chief executive officer of the Florida Division of the
47	American Cancer Society, or a designee; the chief executive
48	officer of the Greater Southeast Florida/Puerto Rico Affiliate
49	of the American Heart Association, or a designee; and the chief
50	executive officer of the American Lung Association of Florida,
51	or a designee. The remaining 8 members of the council shall be
52	appointed as follows:
53	1.  The Governor shall appoint four members, two members
54	with expertise in the field of biomedical research, one member
55	from a research university in the state, and one member
56	representing the general population of the state.
57	2.  The President of the Senate shall appoint two members,
58	one member with expertise in the field of behavioral or social
59	research and one representative from a cancer program approved
60	by the American College of Surgeons.
61	3.  The Speaker of the House of Representatives shall
62	appoint two members, one member from a professional medical
63	organization and one representative from a cancer program
64	approved by the American College of Surgeons.
65
66	In making these appointments, the Governor, the President of the
67	Senate, and the Speaker of the House of Representatives shall
68	select primarily, but not exclusively, Floridians with
69	biomedical and lay expertise in the general areas of cancer,
70	cardiovascular disease, stroke, and pulmonary disease. The
71	appointments shall be for a 3-year term and shall reflect the
72	diversity of the state's population. An appointed member may not
73	serve more than two consecutive terms. The first two
74	appointments by the Governor and the first appointment by the
75	President of the Senate and the Speaker of the House of
76	Representatives on or after July 1, 2012, shall be for a term of
77	2 years.
78	(4)  The council shall advise the State Surgeon General as
79	to the direction and scope of the biomedical research program.
80	The responsibilities of the council may include, but are not
81	limited 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
86	fairness, neutrality, and adherence to the principles of merit
87	and quality in the conduct of the program.
88	(e)  Assisting in the development of appropriate linkages
89	to nonacademic entities, such as voluntary organizations, health
90	care delivery institutions, industry, government agencies, and
91	public officials.
92	(f)  Developing criteria and standards for the award of
93	research grants.
94	(g)  Developing administrative procedures relating to
95	solicitation, review, and award of research grants and
96	fellowships, to ensure an impartial, high-quality peer review
97	system.
98	(h)  Developing and supervising research peer review
99	panels.
100	(h)(i)  Reviewing reports of peer review panels and making
101	recommendations for research grants and fellowships.
102	(i)(j)  Developing and providing oversight regarding
103	mechanisms for the dissemination of research results.
104	(5)
105	(b)  Grants and fellowships shall be awarded by the State
106	Surgeon General, after consultation with the council, on the
107	basis of scientific merit, as determined by an open competitive
108	peer review process that ensures objectivity, consistency, and
109	high quality. The following types of applications may shall be
110	considered 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
115	appropriate and are evaluated fairly on the basis of scientific
116	merit, the Department of Health State Surgeon General, in
117	consultation with the council, shall appoint a peer review panel
118	of independent, scientifically qualified individuals to review
119	the scientific content of each proposal and establish its
120	scientific priority score. The priority scores shall be
121	forwarded to the council and must be considered in determining
122	which proposals shall be recommended for funding.
123	(9)  The grant programs under the purview of the council
124	are exempt from chapter 120 department, after consultation with
125	the council, may adopt rules as necessary to implement this
126	section.
127	(10)  The council shall submit a fiscal-year an annual
128	progress report on the programs under its purview state of
129	biomedical research in this state to the Florida Center for
130	Universal Research to Eradicate Disease and to the Governor, the
131	State Surgeon General, the President of the Senate, and the
132	Speaker of the House of Representatives by December 15 February
133	1. The report must include:
134	(a)  A list of research projects supported by grants or
135	fellowships 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
138	involving research supported by grants or fellowships awarded
139	under the program.
140	(d)  The state ranking and total amount of biomedical
141	research funding currently flowing into the state from the
142	National Institutes of Health.
143	(e)  New grants for biomedical research which were funded
144	based on research supported by grants or fellowships awarded
145	under the program.
146	(f)  Progress towards program goals, particularly in the
147	prevention, diagnosis, treatment, and cure of diseases related
148	to tobacco use, including cancer, cardiovascular disease,
149	stroke, and pulmonary disease.
150	(g)  Recommendations that further the program's mission.
151	Section 3.  Paragraph (a) of subsection (3) and present
152	subsection (4) of section 381.922, Florida Statutes, are
153	amended, and subsection (5) is renumbered as subsection (4) of
154	that section, to read:
155	381.922  William G. "Bill" Bankhead, Jr., and David Coley
156	Cancer Research Program.-
157	(3)(a)  Applications for funding for cancer research may be
158	submitted by any university or established research institute in
159	the state. All qualified investigators in the state, regardless
160	of institutional affiliation, shall have equal access and
161	opportunity to compete for the research funding. Collaborative
162	proposals, including those that advance the program's goals
163	enumerated in subsection (2), may be given preference. Grants
164	shall be awarded by the State Surgeon General, after
165	consultation with the Biomedical Research Advisory Council, on
166	the basis of scientific merit, as determined by an open,
167	competitive peer review process that ensures objectivity,
168	consistency, and high quality. The following types of
169	applications 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
173	advance the finding of cures through basic or applied research.
174	(4)  By December 15 of each year, the Department of Health
175	shall submit to the Governor, the President of the Senate, and
176	the Speaker of the House of Representatives a report indicating
177	progress towards the program's mission and making
178	recommendations that further its purpose.
179	Section 4.  Paragraph (a) of subsection (5) of section
180	381.855, Florida Statutes, is amended to read:
181	381.855  Florida Center for Universal Research to Eradicate
182	Disease.-
183	(5)  There is established within the center an advisory
184	council that shall meet at least annually.
185	(a)  The council shall consist of one representative from a
186	Florida not-for-profit institution engaged in basic and clinical
187	biomedical research and education which receives more than $10
188	million in annual grant funding from the National Institutes of
189	Health, to be appointed by the State Surgeon General from a
190	different institution each term, and one representative from and
191	appointed 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
199	Affiliate.
200	8.  The American Lung Association of Florida.
201	9.  The American Diabetes Association, South Coastal
202	Region.
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.