House Bill hb0563

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    Florida House of Representatives - 2001                 HB 563

        By Representative Fasano






  1                      A bill to be entitled

  2         An act relating to the Lawton Chiles Endowment

  3         Fund; amending ss. 17.41, 20.435, F.S.;

  4         conforming statutory cross-references; amending

  5         s. 215.5601, F.S.; providing legislative intent

  6         to provide funds for the support of public

  7         health and biomedical research; revising

  8         procedures for the administration of the

  9         endowment fund; revising provisions concerning

10         the availability and use of funds from the

11         endowment; deleting statutory authority for

12         advisory councils; amending s. 215.5602, F.S.;

13         providing for public health and biomedical

14         research; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Subsection (4) of section 17.41, Florida

19  Statutes, is amended to read:

20         17.41  Department of Banking and Finance Tobacco

21  Settlement Clearing Trust Fund.--

22         (4)  Net proceeds of the sale of the tobacco settlement

23  agreement received by the state shall be immediately deposited

24  into the Lawton Chiles Endowment Fund, created in s. 215.5601

25  s. 215.5601(4), without deposit to the Tobacco Settlement

26  Clearing Trust Fund.

27         Section 2.  Paragraph (h) of subsection (1) of section

28  20.435, Florida Statutes, is amended to read:

29         20.435  Department of Health; trust funds.--

30         (1)  The following trust funds are hereby created, to

31  be administered by the Department of Health:

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  1         (h)  Biomedical Research Trust Fund.

  2         1.  Funds to be credited to the trust fund shall

  3  consist of funds deposited pursuant to s. 215.5601 s.

  4  215.5601(4). Funds shall be used for the purposes of the

  5  Florida Biomedical Research Program as specified in s.

  6  215.5602. The trust fund is exempt from the service charges

  7  imposed by s. 215.20.

  8         2.  Notwithstanding the provisions of s. 216.301 and

  9  pursuant to s. 216.351, any balance in the trust fund at the

10  end of any fiscal year shall remain in the trust fund at the

11  end of the year and shall be available for carrying out the

12  purposes of the trust fund.

13         3.  The trust fund shall, unless terminated sooner, be

14  terminated on July 1, 2004.

15         Section 3.  Section 215.5601, Florida Statutes, is

16  amended to read:

17         (Substantial rewording of section. See

18         s. 215.5601, F.S., for present text.)

19         215.5601  Lawton Chiles Endowment Fund.--

20         (1)  LEGISLATIVE INTENT.--It is the intent of the

21  Legislature to:

22         (a)  Provide a perpetual source of enhanced funding for

23  state children's health programs, child welfare programs,

24  children's community-based health and human services

25  initiatives, elder programs, and biomedical research

26  activities related to tobacco use.

27         (b)  Use tobacco settlement moneys as the source of

28  enhanced funding to ensure the financial security of vital

29  health and human services programs for children and elders.

30         (c)  Ensure that enhancement revenues will be available

31  to help finance these important programs and initiatives.

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  1         (d)  Create an annual and perpetual source of funding

  2  for biomedical research in the state in order to expand the

  3  foundation of biomedical knowledge relating to the prevention,

  4  diagnosis, and treatment of diseases related to tobacco use,

  5  including cancer, cardiovascular disease, stroke, and

  6  pulmonary disease; improve the quality of the state's academic

  7  health centers by bringing the advances of biomedical research

  8  into the training of physicians and other health care

  9  providers; and increase the state's per capita funding for

10  biomedical research by undertaking new initiatives in

11  biomedical research which will attract additional funding from

12  outside the state while also stimulating economic activity in

13  the state in areas related to biomedical research, such as the

14  research and production of pharmaceuticals, biotechnology, and

15  medical devices.

16         (e)  Encourage the development of community-based

17  solutions to strengthen and improve the quality of life of

18  Florida's most vulnerable citizens, its children and elders.

19         (2)  DEFINITIONS.--As used in this section, the term:

20         (a)  "Board" means the State Board of Administration

21  established by s. 16, Art. IX of the State Constitution of

22  1885 and incorporated into s. 9(c), Art. XII of the State

23  Constitution of 1968.

24         (b)  "Endowment" means the Lawton Chiles Endowment

25  Fund.

26         (c)  "Earnings" means all income generated by

27  investments and the net change in the market value of assets.

28         (d)  "State agency" or "state agencies" means the

29  Department of Health, the Department of Children and Family

30  Services, the Department of Elderly Affairs, or the Agency for

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  1  Health Care Administration, or any combination thereof, as the

  2  context indicates.

  3         (3)  LAWTON CHILES ENDOWMENT FUND; CREATION;

  4  PRINCIPAL.--

  5         (a)  There is created the Lawton Chiles Endowment Fund,

  6  to be administered by the State Board of Administration. The

  7  endowment shall serve as a clearing trust fund, not subject to

  8  termination under s. 19(f), Art. III of the State

  9  Constitution. The endowment fund shall be exempt from the

10  service charges imposed by s. 215.20.

11         (b)  The endowment shall receive moneys from the sale

12  of the state's right, title, and interest in and to the

13  tobacco settlement agreement as defined in s. 215.56005,

14  including the right to receive payments under such agreement,

15  and from accounts transferred from the Department of Banking

16  and Finance Tobacco Settlement Clearing Trust Fund established

17  under s. 17.41. Amounts to be transferred from the Tobacco

18  Settlement Clearing Trust Fund to the endowment shall be in

19  the following amounts for the following fiscal years:

20         1.  For fiscal year 1999-2000, $1.1 billion;

21         2.  For fiscal year 2000-2001, $200 million;

22         3.  For fiscal year 2001-2002, $200 million; and

23         4.  For fiscal year 2002-2003, $200 million.

24         (c)  Amounts to be transferred under subparagraphs 2.,

25  3., and 4. of paragraph (b) may be reduced by the amount the

26  endowment receives in that fiscal year from the sale of the

27  state's right, title, and interest in and to the tobacco

28  settlement agreement.

29         (d)  Beginning in fiscal year 2001-2002, $150 million

30  of the existing principal in the endowment shall be deposited

31  in a separate account within the endowment to be used solely

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  1  as the source of funding for biomedical research activities as

  2  provided in s. 215.5602. The remaining principal shall be used

  3  solely as the source of funding for health and human services

  4  programs for children and elders as provided in subsection

  5  (5). The separate account for biomedical research shall be

  6  dissolved and the entire principal in the endowment shall be

  7  used exclusively for health and human services programs when

  8  cures have been found for tobacco-related cancer, heart, and

  9  lung disease.

10         (4)  ADMINISTRATION.--

11         (a)  The board may invest and reinvest funds of the

12  endowment in accordance with s. 215.47 and consistent with an

13  investment plan developed by the executive director and

14  approved by the board.

15         (b)  The endowment shall be managed as an annuity. The

16  investment objective shall be long-term preservation of the

17  real value of the principal and a specified regular annual

18  cash outflow for appropriation, as nonrecurring revenue. From

19  the annual cash outflow, 8.82 percent shall be used solely for

20  biomedical research activities as provided in s. 215.5602,

21  until such time as cures are found for tobacco-related cancer

22  and heart and lung disease. The schedule of annual cash

23  outflow shall be included within the investment plan adopted

24  under paragraph (a).

25         (c)  Accountability for funds from the endowment which

26  have been appropriated to a state agency and distributed by

27  the board shall reside with the state agency. The board is not

28  responsible for the proper expenditure of or accountability

29  concerning funds from the endowment after distribution to a

30  state agency.

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  1         (d)  Costs and fees of the board for investment

  2  services shall be deducted from the earnings accruing to the

  3  endowment. Fees for investment services shall be no greater

  4  than fees charged to the Florida Retirement System.

  5         (5)  AVAILABILITY OF FUNDS; USES.--

  6         (a)  Funds from the endowment which are available for

  7  legislative appropriation shall be transferred by the board to

  8  the Tobacco Settlement Clearing Trust Fund, created in s.

  9  17.41, and disbursed in accordance with the legislative

10  appropriation.

11         1.  Appropriations by the Legislature to the Department

12  of Health from endowment earnings from the principal set aside

13  for biomedical research shall be from a category called

14  Florida Biomedical Research Program and shall be deposited

15  into the Biomedical Research Trust Fund in the Department of

16  Health established in s. 20.435.

17         2.  Appropriations by the Legislature to the Department

18  of Children and Family Services or the Department of Elderly

19  Affairs for health and human services programs shall be from a

20  category called the Lawton Chiles Endowment Fund Programs and

21  shall be deposited into each department's respective Tobacco

22  Settlement Trust Fund as appropriated.

23         (b)  The secretaries of the state agencies shall

24  conduct meetings to discuss priorities for endowment funding

25  for health and human services programs for children and elders

26  before submitting their legislative budget requests to the

27  Executive Office of the Governor and the Legislature. The

28  purpose of the meetings is to gain consensus for priority

29  requests and recommended endowment funding levels for those

30  priority requests.

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  1         (c)  Subject to legislative appropriations, state

  2  agencies shall use distributions from the endowment to enhance

  3  or support increases in clients served or to meet increases in

  4  program costs in health and human services program areas.

  5  Funds distributed from the endowment may not be used to

  6  supplant existing revenues.

  7         (d)  Notwithstanding s. 216.301 and pursuant to s.

  8  216.351, all unencumbered balances of appropriations as of

  9  June 30 or undisbursed balances as of December 31 shall revert

10  to the endowment's principal. Unencumbered or undisbursed

11  balances appropriated for biomedical research shall revert to

12  the principal in the separate account established for

13  biomedical research activities.

14         (e)  When advised by the Revenue Estimating Conference

15  that a deficit will occur with respect to the appropriations

16  from the tobacco settlement trust funds of the state agencies

17  in any fiscal year, the Governor shall develop a plan of

18  action to eliminate the deficit. Before implementing the plan

19  of action, the Governor must comply with s. 216.177(2). In

20  developing the plan of action, the Governor shall, to the

21  extent possible, preserve legislative policy and intent, and,

22  absent any specific directions to the contrary in the General

23  Appropriations Act, any reductions in appropriations from the

24  tobacco settlement trust funds of the state agencies for a

25  fiscal year shall be prorated among the purposes for which

26  funds were appropriated from the Tobacco Settlement Trust Fund

27  for that year.

28         Section 4.  Section 215.5602, Florida Statutes, is

29  amended to read:

30         215.5602  Florida Biomedical Research Program.--

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    Florida House of Representatives - 2001                 HB 563

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  1         (1)  There is established within the Department of

  2  Health the Florida Biomedical Research Program funded by the

  3  proceeds of the Lawton Chiles Endowment Fund pursuant to s.

  4  215.5601 s. 215.5601(4). The purpose of the Florida Biomedical

  5  Research Program is to provide an annual and perpetual source

  6  of funding in order to support research initiatives that

  7  address the health care problems of Floridians in the areas of

  8  tobacco-related cancer, cardiovascular disease, stroke, and

  9  pulmonary disease. The long-term goals of the program are to:

10         (a)  Improve the health of Floridians by researching

11  better prevention, diagnoses, and treatments for cancer,

12  cardiovascular disease, stroke, and pulmonary disease.

13         (b)  Expand the foundation of biomedical knowledge

14  relating to the prevention, diagnosis, and treatment of

15  diseases related to tobacco use, including cancer,

16  cardiovascular disease, stroke, and pulmonary disease.

17         (c)  Improve the quality of the state's academic health

18  centers by bringing the advances of biomedical research into

19  the training of physicians and other health care providers.

20         (d)  Increase the state's per capita funding for

21  biomedical research by undertaking new initiatives in public

22  health and biomedical research that will attract additional

23  funding from outside the state.

24         (e)  Stimulate economic activity in the state in areas

25  related to biomedical research, such as the research and

26  production of pharmaceuticals, biotechnology, and medical

27  devices.

28         (2)  Funds appropriated for the Florida Biomedical

29  Research Program shall be used exclusively for the award of

30  grants and fellowships as established in this section; for

31  research relating to the prevention, diagnosis, and treatment

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  1  of diseases related to tobacco use, including cancer,

  2  cardiovascular disease, stroke, and pulmonary disease; and for

  3  expenses incurred in the administration of this section.

  4         (3)  There is created within the Department of Health

  5  the Biomedical Research Advisory Council.

  6         (a)  The council shall consist of nine members,

  7  including: the chief executive officer of the Florida Division

  8  of the American Cancer Society, or a designee; the chief

  9  executive officer of the Florida/Puerto Rico Affiliate of the

10  American Heart Association, or a designee; and the chief

11  executive officer of the American Lung Association of Florida,

12  or a designee. The Governor shall appoint the remaining six

13  members of the council, as follows:

14         1.  Two members with expertise in the field of

15  biomedical research.

16         2.  One member with expertise in the field of

17  behavioral or social research.

18         3.  One member from a professional medical

19  organization.

20         4.  One member from a research university in the state.

21         5.  One member representing the general population of

22  the state.

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24  In making his or her appointments, the Governor shall select

25  primarily, but not exclusively, Floridians with biomedical and

26  lay expertise in the general areas of cancer, cardiovascular

27  disease, stroke, and pulmonary disease. The Governor's

28  appointments shall be for a 3-year term and shall reflect the

29  diversity of the state's population. A council member

30  appointed by the Governor may not serve more than two

31  consecutive terms.

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  1         (b)  The council shall adopt internal organizational

  2  procedures as necessary for its efficient organization.

  3         (c)  The department shall provide such staff,

  4  information, and other assistance as is reasonably necessary

  5  to assist the council in carrying out its responsibilities.

  6         (d)  Members of the council shall serve without

  7  compensation, but may receive reimbursement as provided in s.

  8  112.061 for travel and other necessary expenses incurred in

  9  the performance of their official duties.

10         (4)  The council shall advise the Secretary of Health

11  as to the direction and scope of the biomedical research

12  program. The responsibilities of the council may include, but

13  are not limited to:

14         (a)  Providing advice on program priorities and

15  emphases.

16         (b)  Providing advice on the overall program budget.

17         (c)  Participating in periodic program evaluation.

18         (d)  Assisting in the development of guidelines to

19  ensure fairness, neutrality, and adherence to the principles

20  of merit and quality in the conduct of the program.

21         (e)  Assisting in the development of appropriate

22  linkages to nonacademic entities, such as voluntary

23  organizations, health care delivery institutions, industry,

24  government agencies, and public officials.

25         (f)  Developing criteria and standards for the award of

26  research grants.

27         (g)  Developing administrative procedures relating to

28  solicitation, review, and award of research grants and

29  fellowships, to ensure an impartial, high-quality peer review

30  system.

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  1         (h)  Developing and supervising research peer review

  2  panels.

  3         (i)  Reviewing reports of peer review panels and making

  4  recommendations for research grants and fellowships.

  5         (j)  Developing and providing oversight regarding

  6  mechanisms for the dissemination of research results.

  7         (5)(a)  Applications for biomedical research funding

  8  under the program may be submitted from any university or

  9  established research institute in the state. All qualified

10  investigators in the state, regardless of institution

11  affiliation, shall have equal access and opportunity to

12  compete for the research funding.

13         (b)  Grants and fellowships shall be awarded by the

14  Secretary of Health, after consultation with the council, on

15  the basis of scientific merit, as determined by an open

16  competitive peer review process that ensures objectivity,

17  consistency, and high quality. The following types of

18  applications shall be considered for funding:

19         1.  Investigator-initiated research grants.

20         2.  Institutional research grants.

21         3.  Predoctoral and postdoctoral research fellowships.

22         (6)  To ensure that all proposals for research funding

23  are appropriate and are evaluated fairly on the basis of

24  scientific merit, the Secretary of Health, in consultation

25  with the council, shall appoint a peer review panel of

26  independent, scientifically qualified individuals to review

27  the scientific content of each proposal and establish its

28  scientific priority score. The priority scores shall be

29  forwarded to the council and must be considered in determining

30  which proposals shall be recommended for funding.

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  1         (7)  The council and the peer review panel shall

  2  establish and follow rigorous guidelines for ethical conduct

  3  and adhere to a strict policy with regard to conflict of

  4  interest. A No member of the council or panel may not shall

  5  participate in any discussion or decision with respect to a

  6  research proposal by any firm, entity, or agency with which

  7  the member is associated as a member of the governing body or

  8  as an employee, or with which the member has entered into a

  9  contractual arrangement. Meetings of the council and the peer

10  review panels shall be subject to the provisions of chapter

11  119, s. 286.011, and s. 24, Art. I of the State Constitution.

12         (8)  The department may contract on a competitive-bid

13  basis with an appropriate entity to administer the program.

14  Administrative expenses may not exceed 15 percent of the total

15  funds available to the program in any given year.

16         (9)  The department, after consultation with the

17  council, may adopt rules as necessary to implement this

18  section.

19         (10)  The council shall submit an annual progress

20  report on the state of biomedical research in this state to

21  the Governor, the Secretary of Health, the President of the

22  Senate, and the Speaker of the House of Representatives by

23  February 1. The report must include:

24         (a)  A list of research projects supported by grants or

25  fellowships awarded under the program.

26         (b)  A list of recipients of program grants or

27  fellowships.

28         (c)  A list of publications in peer reviewed journals

29  involving research supported by grants or fellowships awarded

30  under the program.

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  1         (d)  The total amount of public-health and biomedical

  2  research funding currently flowing into the state.

  3         (e)  New grants for public-health and biomedical

  4  research which were funded based on research supported by

  5  grants or fellowships awarded under the program.

  6         (f)  Progress in the prevention, diagnosis, and

  7  treatment of diseases related to tobacco use, including

  8  cancer, cardiovascular disease, stroke, and pulmonary disease.

  9         Section 5.  This act shall take effect July 1, 2001.

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11            *****************************************

12                       LEGISLATIVE SUMMARY

13    Revises procedures for the administration of the Lawton
      Chiles Endowment Fund and revises the availability and
14    use of funds from the endowment fund. Deletes reference
      to advisory councils. Provides for the support of public
15    health and biomedical research.

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