Bill Text: ENROLLED HB 0085B

ENROLLED HB 0085B

2003 Legislature

A bill to be entitled

An act relating to biomedical research; amending s.

215.5602, F.S.; renaming the Florida Biomedical Research

Program as the James and Esther King Biomedical Research

Program; amending ss. 20.435 and 215.5601, F.S., to

conform; providing an appropriation; providing for

construction of the act in pari materia with laws enacted

during the 2003 Regular Session or the 2003 Special

Session A of the Legislature; providing an effective date.

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

Section 1. Section 215.5602, Florida Statutes, is amended

to read:

215.5602 James and Esther King~~Florida~~Biomedical Research

Program.--

(1) There is established within the Department of Health

the James and Esther King~~Florida~~Biomedical Research Program

funded by the proceeds of the Lawton Chiles Endowment Fund

pursuant to s. 215.5601. The purpose of the James and Esther

King~~Florida~~Biomedical Research Program is to provide an annual

and perpetual source of funding in order to support research

initiatives that address the health care problems of Floridians

in the areas of tobacco-related cancer, cardiovascular disease,

stroke, and pulmonary disease. The long-term goals of the

program are to:

(a) Improve the health of Floridians by researching better

prevention, diagnoses, and treatments for cancer, cardiovascular

disease, stroke, and pulmonary disease.

(b) Expand the foundation of biomedical knowledge relating

to the prevention, diagnosis, and treatment of diseases related

to tobacco use, including cancer, cardiovascular disease,

stroke, and pulmonary disease.

centers by bringing the advances of biomedical research into the

training of physicians and other health care providers.

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

by undertaking new initiatives in public health and biomedical

research that will attract additional funding from outside the

state.

(e) Stimulate economic activity in the state in areas

related to biomedical research, such as the research and

production of pharmaceuticals, biotechnology, and medical

devices.

(2) Funds appropriated for the James and Esther King

~~Florida~~Biomedical Research Program shall be used exclusively

for the award of grants and fellowships as established in this

section; for research relating to the prevention, diagnosis, and

treatment of diseases related to tobacco use, including cancer,

cardiovascular disease, stroke, and pulmonary disease; and for

expenses incurred in the administration of this section.

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

Biomedical Research Advisory Council.

(a) The council shall consist of nine members, including:

the chief executive officer of the Florida Division of the

American Cancer Society, or a designee; the chief executive

officer of the Florida/Puerto Rico Affiliate of the American

Heart Association, or a designee; and the chief executive

officer of the American Lung Association of Florida, or a

designee. The Governor shall appoint the remaining six members

of the council, as follows:

1. Two members with expertise in the field of biomedical

research.

2. One member with expertise in the field of behavioral or

social research.

3. One member from a professional medical organization.

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

5. One member representing the general population of the

state.

In making his or her appointments, the Governor shall select

primarily, but not exclusively, Floridians with biomedical and

lay expertise in the general areas of cancer, cardiovascular

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

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

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

by the Governor may not serve more than two consecutive terms.

(b) The council shall adopt internal organizational

procedures as necessary for its efficient organization.

and other assistance as is reasonably necessary to assist the

council in carrying out its responsibilities.

(d) Members of the council shall serve without

compensation, but may receive reimbursement as provided in s.

112.061 for travel and other necessary expenses incurred in the

performance of their official duties.

(4) The council shall advise the Secretary of Health as to

the direction and scope of the biomedical research program. The

responsibilities of the council may include, but are not limited

to:

(a) Providing advice on program priorities and emphases.

(b) Providing advice on the overall program budget.

(d) Assisting in the development of guidelines to ensure

fairness, neutrality, and adherence to the principles of merit

and quality in the conduct of the program.

(e) Assisting in the development of appropriate linkages

to nonacademic entities, such as voluntary organizations, health

care delivery institutions, industry, government agencies, and

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public officials.

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(f) Developing criteria and standards for the award of

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research grants.

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(g) Developing administrative procedures relating to

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solicitation, review, and award of research grants and

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

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system.

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(h) Developing and supervising research peer review

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panels.

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(i) Reviewing reports of peer review panels and making

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recommendations for research grants and fellowships.

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(j) Developing and providing oversight regarding

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mechanisms for the dissemination of research results.

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

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the program may be submitted from any university or established

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research institute in the state. All qualified investigators in

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the state, regardless of institution affiliation, shall have

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equal access and opportunity to compete for the research

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funding.

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(b) Grants and fellowships shall be awarded by the

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

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basis of scientific merit, as determined by an open competitive

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peer review process that ensures objectivity, consistency, and

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high quality. The following types of applications shall be

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considered for funding:

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1. Investigator-initiated research grants.

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2. Institutional research grants.

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3. Predoctoral and postdoctoral research fellowships.

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

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appropriate and are evaluated fairly on the basis of scientific

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merit, the Secretary of Health, in consultation with the

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council, shall appoint a peer review panel of independent,

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scientifically qualified individuals to review the scientific

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content of each proposal and establish its scientific priority

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score. The priority scores shall be forwarded to the council and

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must be considered in determining which proposals shall be

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recommended for funding.

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

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and follow rigorous guidelines for ethical conduct and adhere to

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a strict policy with regard to conflict of interest. A member of

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the council or panel may not participate in any discussion or

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decision with respect to a research proposal by any firm,

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entity, or agency with which the member is associated as a

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member of the governing body or as an employee, or with which

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the member has entered into a contractual arrangement. Meetings

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of the council and the peer review panels shall be subject to

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the provisions of chapter 119, s. 286.011, and s. 24, Art. I of

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the State Constitution.

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

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with an appropriate entity to administer the program.

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Administrative expenses may not exceed 15 percent of the total

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funds available to the program in any given year.

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(9) The department, after consultation with the council,

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may adopt rules as necessary to implement this section.

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(10) The council shall submit an annual progress report on

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the state of biomedical research in this state to the Governor,

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the Secretary of Health, the President of the Senate, and the

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Speaker of the House of Representatives by February 1. The

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report must include:

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

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fellowships awarded under the program.

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(b) A list of recipients of program grants or fellowships.

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involving research supported by grants or fellowships awarded

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under the program.

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(d) The total amount of biomedical research funding

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currently flowing into the state.

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(e) New grants for biomedical research which were funded

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based on research supported by grants or fellowships awarded

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under the program.

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

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of diseases related to tobacco use, including cancer,

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cardiovascular disease, stroke, and pulmonary disease.

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

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20.435, Florida Statutes, is amended to read:

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20.435 Department of Health; trust funds.--

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

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administered by the Department of Health:

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(h) Biomedical Research Trust Fund.

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1. Funds to be credited to the trust fund shall consist of

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funds deposited pursuant to s. 215.5601. Funds shall be used for

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the purposes of the James and Esther King~~Florida~~Biomedical

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Research Program as specified in s. 215.5602. The trust fund is

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exempt from the service charges imposed by s. 215.20.

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2. Notwithstanding the provisions of s. 216.301 and

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

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

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the year and shall be available for carrying out the purposes of

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the trust fund.

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

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terminated on July 1, 2004.

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Section 3. Paragraph (a) of subsection (5) of section

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215.5601, Florida Statutes, is amended to read:

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215.5601 Lawton Chiles Endowment Fund.--

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(5) AVAILABILITY OF FUNDS; USES.--

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(a) Funds from the endowment which are available for

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legislative appropriation shall be transferred by the board to

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the Department of Banking and Finance Tobacco Settlement

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Clearing Trust Fund, created in s. 17.41, and disbursed in

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accordance with the legislative appropriation.

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1. Appropriations by the Legislature to the Department of

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Health from endowment earnings from the principal set aside for

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biomedical research shall be from a category called the James

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and Esther King~~Florida~~Biomedical Research Program and shall be

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deposited into the Biomedical Research Trust Fund in the

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Department of Health established in s. 20.435.

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2. Appropriations by the Legislature to the Department of

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Children and Family Services, the Department of Health, or the

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Department of Elderly Affairs for health and human services

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programs shall be from a category called the Lawton Chiles

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Endowment Fund Programs and shall be deposited into each

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department's respective Tobacco Settlement Trust Fund as

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appropriated.

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Section 4. The sum of $3,540,998 is appropriated from the

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Biomedical Research Trust Fund to the Department of Health to

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operate the James and Esther King Biomedical Research Program

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for the 2003-2004 fiscal year.

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Section 5. If any law amended by this act was also amended

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by a law enacted at the 2003 Regular Session or the 2003 Special

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Session A of the Legislature, such laws shall be construed as if

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they had been enacted at the same session of the Legislature,

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and full effect shall be given to each if possible.

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Section 6. This act shall take effect July 1, 2003, or

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upon becoming a law, whichever occurs later.