Amendment
Bill No. 1089
Amendment No. 873449
CHAMBER ACTION
Senate House
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1Representative Kyle offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 706-1100 and insert:
5     8.  The Florida Cancer Council.
6     9.  The American Cancer Society, Florida Division, Inc.
7     10.  The American Heart Association.
8     11.  The American Lung Association of Florida.
9     12.  The American Diabetes Association, South Coastal
10Region.
11     13.  The Alzheimer's Association.
12     14.  The Epilepsy Foundation.
13     15.  The National Parkinson Foundation.
14     16.  The Florida Public Health Foundation, Inc.
15     17.  Scripps Florida or the entity formed in this state by
16The Scripps Research Institute.
17     (b)  Members of the council shall serve without
18compensation and each organization represented shall cover all
19expenses of its representative.
20     Section 7.  Paragraph (d) of subsection (1) of section
21215.5601, Florida Statutes, is amended to read:
22     215.5601  Lawton Chiles Endowment Fund.--
23     (1)  LEGISLATIVE INTENT.--It is the intent of the
24Legislature to:
25     (d)  Provide funds to help support public-health and
26biomedical research for the prevention, diagnosis, and
27treatment, and cure of diseases related to tobacco use by
28creating an annual and perpetual source of funding for
29biomedical research in the state in order to expand the
30foundation of biomedical knowledge relating to the prevention,
31diagnosis, and treatment, and cure of diseases related to
32tobacco use, including cancer, cardiovascular disease, stroke,
33and pulmonary disease; improve the quality of the state's
34academic health centers by bringing the advances of biomedical
35research into the training of physicians and other health care
36providers; and increase the state's per capita funding for
37biomedical research by undertaking new initiatives in biomedical
38research which will attract additional funding from outside the
39state while also stimulating economic activity in the state in
40areas related to biomedical research, such as the research and
41production of pharmaceuticals, biotechnology, and medical
42devices.
43     Section 8.  Paragraphs (a) and (b) of subsection (1) and
44subsections (2) and (10) of section 215.5602, Florida Statutes,
45are amended to read:
46     215.5602  James and Esther King Biomedical Research
47Program.--
48     (1)  There is established within the Department of Health
49the James and Esther King Biomedical Research Program funded by
50the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
51215.5601. The purpose of the James and Esther King Biomedical
52Research Program is to provide an annual and perpetual source of
53funding in order to support research initiatives that address
54the health care problems of Floridians in the areas of tobacco-
55related cancer, cardiovascular disease, stroke, and pulmonary
56disease. The long-term goals of the program are to:
57     (a)  Improve the health of Floridians by researching better
58prevention, diagnoses, and treatments, and cures for cancer,
59cardiovascular disease, stroke, and pulmonary disease.
60     (b)  Expand the foundation of biomedical knowledge relating
61to the prevention, diagnosis, and treatment, and cure of
62diseases related to tobacco use, including cancer,
63cardiovascular disease, stroke, and pulmonary disease.
64     (2)  Funds appropriated for the James and Esther King
65Biomedical Research Program shall be used exclusively for the
66award of grants and fellowships as established in this section;
67for research relating to the prevention, diagnosis, and
68treatment, and cure of diseases related to tobacco use,
69including cancer, cardiovascular disease, stroke, and pulmonary
70disease; and for expenses incurred in the administration of this
71section. Priority shall be granted to research designed to
72prevent or cure disease.
73     (10)  The council shall submit an annual progress report on
74the state of biomedical research in this state to the Florida
75Center for Universal Research to Eradicate Disease and to the
76Governor, the Secretary of Health, the President of the Senate,
77and the Speaker of the House of Representatives by February 1.
78The report must include:
79     (a)  A list of research projects supported by grants or
80fellowships awarded under the program.
81     (b)  A list of recipients of program grants or fellowships.
82     (c)  A list of publications in peer reviewed journals
83involving research supported by grants or fellowships awarded
84under the program.
85     (d)  The total amount of biomedical research funding
86currently flowing into the state.
87     (e)  New grants for biomedical research which were funded
88based on research supported by grants or fellowships awarded
89under the program.
90     (f)  Progress in the prevention, diagnosis, and treatment,
91and cure of diseases related to tobacco use, including cancer,
92cardiovascular disease, stroke, and pulmonary disease.
93     Section 9.  (1)  The Life Sciences Building at Florida
94State University in Tallahassee is designated as the "James E.
95'Jim' King, Jr., Building."
96     (2)  Florida State University is authorized to erect
97markers for the designation of the James E. "Jim" King, Jr.,
98Building as described in subsection (1).
99     Section 10.  Florida Cancer Council.--
100     (1)  Effective July 1, 2004, the Florida Cancer Council
101within the Department of Health is established for the purpose
102of making the state a center of excellence for cancer research.
103     (2)(a)  The council shall be representative of the state's
104cancer centers, hospitals, and patient groups, and shall be
105organized for the purpose of governing the affairs of the
106council.
107     (b)  The Florida Cancer Council may create not-for-profit
108corporate subsidiaries to fulfill its mission. The council and
109its subsidiaries are authorized to receive, hold, invest, and
110administer property and any moneys acquired from private, local,
111state, and federal sources, as well as technical and
112professional income generated or derived from the mission-
113related activities of the council.
114     (c)  The affairs of the council shall consist of:
115     1.  Chairman of the Florida Dialogue on Cancer, who shall
116serve as the chairman of the council;
117     2.  Secretary of the Department of Health or his or her
118designee;
119     3.  Chief Executive Officer of the H. Lee Moffitt Cancer
120Center or his or her designee;
121     4.  President of the University of Florida Shands Cancer
122Center or his or her designee;
123     5.  Chief Executive Officer of the University of Miami
124Sylvester Comprehensive Cancer Center or his or her designee;
125     6.  Chief Executive Officer of the Mayo Clinic,
126Jacksonville or his or her designee;
127     7.  Chief Executive Officer of the American Cancer Society,
128Florida Division or his or her designee;
129     8.  President of the American Cancer Society, Florida
130Division Board of Directors or his or her designee;
131     9.  President of the Florida Society of Clinical Oncology
132or his or her designee;
133     10.  President of the American College of Surgeons, Florida
134Chapter, or his or her designee;
135     11.  Chief Executive Officer of Enterprise Florida, Inc.,
136or his or her designee;
137     12.  Five representatives from cancer programs approved by
138the American College of Surgeons. Three shall be appointed by
139the Governor, one shall be appointed by the Speaker of the House
140of Representatives, and one shall be appointed by the President
141of the Senate;
142     13.  One member of the House of Representatives, to be
143appointed by the Speaker of the House of Representatives; and
144     14.  One member of the Senate, to be appointed by the
145President of the Senate.
146     (d)  Appointments made by the Speaker of the House of
147Representatives and the President of the Senate pursuant to
148paragraph (c) shall be for 2-year terms, concurrent with the
149bienniums in which they serve as presiding officers.
150     (e)  Appointments made by the Governor pursuant to
151paragraph (c) shall be for 2-year terms, although the Governor
152may reappoint directors.
153     (f)  Members of the council or any subsidiaries shall serve
154without compensation, and each organization represented on the
155council shall cover the expenses of its representatives.
156     (3)  The council shall issue an annual report to the Center
157for Universal Research to Eradicate Disease, the Governor, the
158Speaker of the House of Representatives, and the President of
159the Senate by December 15 of each year, with policy and funding
160recommendations regarding cancer research capacity in Florida
161and related issues.
162     Section 11.  Florida Cancer Council, mission and
163duties.--The council, which shall work in concert with the
164Florida Center for Universal Research to Eradicate Disease to
165ensure that the goals of the center are advanced, shall endeavor
166to dramatically improve cancer research and treatment in this
167state through:
168     (1)  Efforts to significantly expand cancer research
169capacity in the state by:
170     (a)  Identifying ways to attract new research talent and
171attendant national grant producing researchers to Florida-based
172cancer research facilities;
173     (b)  Implementing a peer-reviewed, competitive process to
174identify and fund the best proposals to expand cancer research
175institutes in this state;
176     (c)  Funding through available resources for those
177proposals that demonstrate the greatest opportunity to attract
178federal research grants and private financial support;
179     (d)  Encouraging the employment of bioinformatics in order
180to create a cancer informatics infrastructure that enhances
181information and resource exchange and integration through
182researchers working in diverse disciplines, to facilitate the
183full spectrum of cancer investigations;
184     (e)  Facilitating the technical coordination, business
185development, and support of intellectual property as it relates
186to the advancement of cancer research; and
187     (f)  Aiding in other multidisciplinary research-support
188activities as they inure to the advancement of cancer research.
189     (2)  Efforts to improve both research and treatment through
190greater participation in clinical trials networks by:
191     (a)  Identifying ways to increase adult enrollment in
192cancer clinical trials;
193     (b)  Supporting public and private professional education
194programs designed to increase the awareness and knowledge about
195cancer clinical trials;
196     (c)  Providing tools to cancer patients and community-based
197oncologists to aid in the identification of cancer clinical
198trials available in the state; and
199     (d)  Creating opportunities for the state's academic cancer
200centers to collaborate with community-based oncologists in
201cancer clinical trials networks.
202     (3)  Efforts to reduce the impact of cancer on disparate
203groups by:
204     (a)  Identifying those cancers that disproportionately
205impact certain demographic groups; and
206     (b)  Building collaborations designed to reduce health
207disparities as they relate to cancer.
208     Section 12.  The Florida Public Health Foundation, Inc.;
209establishment; purpose; mission; duties; board of directors.--
210     (1)  The Florida Public Health Foundation, Inc., referred
211to in this section as "the corporation," is established for the
212purpose of disseminating breakthrough findings in biomedical
213research and promoting health awareness in this state.
214     (2)  The corporation's mission includes disseminating
215information about innovative biomedical research and clinical
216trials in this state as well as making Floridians and their
217treatment providers aware of specified diseases and conditions
218and available methods of preventing, diagnosing, treating, and
219curing those diseases and conditions.
220     (3)  The purpose and objective of the corporation shall be
221to operate exclusively for charitable, scientific, and
222educational purposes; to protect and improve the health and
223well-being of Florida's people and environment through
224partnerships committed to program innovation, education, applied
225research, and policy development; and to engage in charitable
226programs dedicated to improving the health of Floridians.
227     (4)  The corporation shall be established as a not-for-
228profit entity qualifying under section 501(c)(3) of the Internal
229Revenue Code. The corporation may receive, hold, invest, and
230administer property and any moneys acquired from private, local,
231state, and federal sources, as well as technical and
232professional income generated or derived from the mission-
233related activities of the corporation. The corporation shall
234have all of the powers conferred upon corporations organized
235under chapter 617, Florida Statutes.
236     (5)  The corporation's duties include procuring funds
237necessary for accomplishing the purpose and mission of the
238corporation. The corporation shall strive to complement,
239supplement, and enhance the missions of the various
240organizations, entities, and departments represented on its
241board by serving as the lead corporation in the state for
242promoting public health awareness.
243     (6)  The affairs of the corporation shall be managed by an
244executive director appointed by a board of directors consisting
245of:
246     (a)  The Secretary of Health or his or her designee.
247     (b)  A former member of the Senate appointed by the
248President of the Senate.
249     (c)  A former member of the House of Representatives
250appointed by the Speaker of the House of Representatives.
251     (d)  A representative of the American Heart Association.
252     (e)  A representative of the American Cancer Society,
253Florida Division, Inc.
254     (f)  A representative of the American Lung Association of
255Florida.
256     (g)  A representative of the American Diabetes Association,
257South Coastal Region.
258     (h)  A representative of the Alzheimer's Association.
259     (i)  A representative of the Epilepsy Foundation.
260     (j)  A representative of the National Parkinson Foundation.
261     (k)  A representative of the March of Dimes, Florida
262Chapter.
263     (l)  A representative of the Arthritis Foundation, Florida
264Chapter.
265     (m)  A representative of the American Liver Foundation.
266     (n)  A representative of the Florida Council for Behavioral
267Healthcare, Inc.
268     (o)  A representative of the Florida Alcohol and Drug Abuse
269Association.
270     (p)  A representative of Pharmaceutical Research and
271Manufacturers of America.
272     (q)  A representative of the Florida Public Health
273Association.
274     (r)  A representative of the Florida Association of County
275Health Officers.
276     (s)  A public health academician selected by the State
277Health Officer.
278     (t)  A representative of the Florida Academy of Family
279Physicians.
280     (u)  Three consumers who have demonstrated an interest in
281protecting the public health appointed by the Florida Public
282Health Association.
283     (7)  Members of the board of directors shall serve for 2-
284year terms and shall serve without compensation. Each
285organization represented on the board of directors shall cover
286the expenses of its representative.
287     (8)  The corporation, in consultation with the Department
288of Health and the Florida Center for Universal Research to
289Eradicate Disease, shall facilitate communication between
290biomedical researchers and health care providers each month
291according to the health awareness schedule established by the
292Florida Public Health Foundation, Inc., in order to ensure
293ongoing dialogue between researchers, treatment providers, and
294the department.
295     (9)  The corporation and the Department of Health shall
296enter into partnerships with providers of continuing education
297for health care practitioners, including, but not limited to,
298hospitals and state and local medical organizations, to ensure
299that practitioners are aware of the most recent and complete
300diagnostic and treatment tools.
301     (10)  The corporation shall provide an annual report
302concerning its activities and finances to the Florida Center for
303Universal Research to Eradicate Disease and shall provide copies
304of the annual report to the Governor, the President of the
305Senate, and the Speaker of the House of Representatives.
306     Section 13.  Health awareness campaigns.--
307     (1)  The Florida Public Health Foundation, Inc., in
308consultation with the Department of Health, shall coordinate
309monthly health awareness campaigns with national, state, and
310local health care organizations and government entities
311targeting a wide range of the public, including: parents;
312teachers and other school employees; students in 4th through
31312th grades, colleges, and universities; state agency employees;
314county and local government employees; patients of county health
315departments; Medicaid recipients; health care professionals and
316providers; and the public in general.
317     (2)  The awareness campaigns shall include the provision of
318educational information about preventing, detecting, treating,
319and curing the following diseases or conditions. Additional
320diseases and conditions that impact the public health may be
321added by the board of directors of the Florida Public Health
322Foundation, Inc.; however, each of the following diseases or
323conditions must be included in an awareness campaign during at
324least one month in any 24-month period:
325     (a)  Cancer, including breast, prostate, cervical, ovarian,
326colorectal, and skin cancer and leukemia.
327     (b)  Heart disease.
328     (c)  Stroke.
329     (d)  Lung disease, including asthma and smoking-relating
330disease.
331     (e)  Neurological disorders and disease, including
332Alzheimer's disease, Parkinson's disease, and epilepsy.
333     (f)  Gastrointestinal disease.
334     (g)  Kidney disease.
335     (h)  Diabetes.
336     (i)  Liver disease.
337     (j)  Autoimmune disorders.
338     (k)  Birth defects and prenatal care.
339     (l)  Obesity and malnutrition.
340     (m)  Sexually transmissible disease.
341     (n)  Hepatitis A, hepatitis B, and hepatitis C.
342     (o)  Arthritis.
343     (p)  Vaccine-preventable diseases.
344     (q)  Infectious diseases, including HIV/AIDS.
345     (r)  Substance abuse.
346     (s)  Mental illness.
347     (t)  Lupus.
348     (u)  Osteoporosis.
349     (3)  The health awareness campaigns shall be funded by the
350Florida Public Health Foundation, Inc., and the Department of
351Health to the extent that funds are available from public and
352private sources.
353     (4)  Health awareness information shall be disseminated
354through all available methods, including print, audio, visual,
355and electronic media.
356     Section 14.  Prostate Cancer Awareness Program.--
357     (1)  To the extent that funds are specifically made
358available for this purpose, the Prostate Cancer Awareness
359Program is established within the Department of Health. The
360purpose of this program is to implement the recommendations of
361January 2000 of the Florida Prostate Cancer Task Force to
362provide for statewide outreach and health education activities
363to ensure that men are aware of and appropriately seek medical
364counseling for prostate cancer as an early-detection health care
365measure.
366     (2)  For purposes of implementing the program, the
367Department of Health and the Florida Public Health Foundation,
368Inc., may:
369     (a)  Conduct activities directly or enter into a contract
370with a qualified nonprofit community education entity.
371     (b)  Seek any available gifts, grants, or funds from the
372state, the Federal Government, philanthropic foundations, and
373industry or business groups.
374     (3)  A prostate cancer advisory committee is created to
375advise and assist the Department of Health and the Florida
376Public Health Foundation, Inc., in implementing the program.
377     (a)  The Secretary of Health shall appoint the advisory
378committee members, who shall consist of:
379     1.  Three persons from prostate cancer survivor groups or
380cancer-related advocacy groups.
381     2.  Three persons who are scientists or clinicians from
382public universities or research organizations.
383     3.  Three persons who are engaged in the practice of a
384cancer-related medical specialty from health organizations
385committed to cancer research and control.
386     (b)  Members shall serve without compensation but are
387entitled to reimbursement, pursuant to section 112.061, Florida
388Statutes, for per diem and travel expenses incurred in the
389performance of their official duties.
390     (4)  The program shall coordinate its efforts with those of
391the Florida Public Health Foundation, Inc.
392     Section 15.  Cervical Cancer Elimination Task Force.--
393     (1)  Effective July 1, 2004, the Cervical Cancer
394Elimination Task Force is established for the purpose of
395recommending strategies and actions to reduce the costs and
396burdens of cervical cancer in Florida. The task force shall
397present interim reports to the Florida Public Health Foundation,
398Inc., the Florida Cancer Council, the Center for
399
400================ T I T L E  A M E N D M E N T =============
401     Remove line(s) 62 and insert:
402markers; creating the Florida Cancer Council;


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