HB 0497 2004
1	A bill to be entitled
2	An act relating to health care delivery and research;
3	creating the Florida Center for Universal Research to
4	Eradicate Disease within the Department of Health;
5	providing legislative findings and intent; specifying the
6	purpose and duties of the center; requiring an annual
7	report to the Governor and Legislature; authorizing the
8	department to outsource the duties of the center; creating
9	an advisory council; amending s. 215.5602, F.S.; expanding
10	the long-term goals of the James and Esther King
11	Biomedical Research Program to include the cure of
12	specified diseases; amending s. 215.5601, F.S., relating
13	to the Lawton Chiles Endowment Fund, to conform; creating
14	the Florida Cancer Research Cooperative; providing for a
15	board of directors; providing the cooperative's mission
16	and duties; requiring an annual report to the Florida
17	Center for Universal Research to Eradicate Disease, the
18	Governor, and the Legislature; creating the Florida Public
19	Health Foundation, Inc.; providing the foundation's
20	mission and duties; providing for a board of directors;
21	requiring an annual report to the Florida Center for
22	Universal Research to Eradicate Disease, the Governor, and
23	the Legislature; requiring the foundation to coordinate
24	monthly health awareness campaigns to disseminate
25	information about specified diseases and conditions;
26	providing an effective date.
27
28	WHEREAS, stimulating activity in strategic sectors of the
29	state's economy produces immeasurable and varied benefits for
30	the people of this state, and
31	WHEREAS, the health sector in particular, including areas
32	such as biotechnology, medical technology, life sciences, and
33	health care education, research, development, and delivery,
34	represents an economic sector with tremendous potential to
35	produce employment, financial, wellness, educational, cost-
36	saving, and other benefits for the people of this state, and
37	WHEREAS, stimulating activity in the health sector of the
38	economy requires a comprehensive and synergistic policy approach
39	that addresses coordinating biomedical and related research
40	programs and opportunities; promoting the development of cures
41	for diseases; facilitating advanced, world-class research in
42	targeted fields of medical science; disseminating information on
43	and increasing awareness of research innovations; and expanding
44	educational opportunities in health and science fields, and
45	WHEREAS, it serves a public purpose and furthers an
46	essential government service to protect the health, safety, and
47	welfare of Floridians, NOW, THEREFORE,
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1. Florida Center for Universal Research to
52	Eradicate Disease.--
53	(1) The Legislature finds that an estimated 128 million
54	Americans suffer from acute, chronic, and degenerative diseases
55	and that biomedical research is the key to finding cures for
56	these diseases that negatively affect all Floridians. The
57	Legislature further finds that, while there is much research
58	being conducted throughout this state and throughout the world,
59	there is a lack of coordination of efforts among researchers.
60	The Legislature, therefore, finds that there is a significant
61	need for a coordinated effort if the goal of curing disease is
62	to be achieved. Moreover, the Legislature finds that the
63	biomedical technology sector meets the criteria of a high-impact
64	sector, pursuant to section 288.108, Florida Statutes, having a
65	high importance to this state's economy with a significant
66	potential for growth and contribution to our universities and
67	quality of life.
68	(2) It is the intent of the Legislature that Florida
69	strive to become the nation's leader in biomedical research and
70	commit itself to being the state to find cures for the most
71	deadly and widespread diseases. It is further the intent of the
72	Legislature that there be a coordinated effort among the state's
73	public and private universities and the biomedical industry to
74	discover such cures. Moreover, it is the intent of the
75	Legislature to expand the state economy by attracting biomedical
76	researchers and research companies to this state.
77	(3)(a) There is established within the Department of
78	Health the Florida Center for Universal Research to Eradicate
79	Disease, which shall be known as "CURED."
80	(b) The purpose of the center is to coordinate, improve,
81	expand, and monitor all biomedical research programs within the
82	state, facilitate funding opportunities, and foster improved
83	technology transfer of research findings into clinical trials
84	and widespread public use.
85	(c) The goal of the center is to find cures for diseases
86	such as cancer, heart disease, lung disease, diabetes,
87	autoimmune disorders, and neurological disorders, including
88	Alzheimer's disease, epilepsy, and Parkinson's disease.
89	(d) The center shall hold an annual biomedical technology
90	summit in Florida to which biomedical researchers, biomedical
91	technology companies, business incubators, pharmaceutical
92	manufacturers, and others around the nation and world are
93	invited to share biomedical research findings in order to
94	expedite the discovery of cures. Summit attendees shall cover
95	the costs of such attendance or obtain sponsorship for such
96	attendance.
97	(e) The center shall encourage clinical trials in this
98	state on research that holds promise of curing a disease or
99	condition. The center shall facilitate partnerships among
100	researchers, treating physicians, and community hospitals for
101	the purpose of sharing new techniques and new research findings,
102	as well as coordinating voluntary donations to ensure an
103	adequate supply of adult stem cells, placentas, or cord blood.
104	(f) The center shall facilitate the formation of
105	partnerships between researchers in this state and institutions
106	in other states and countries where research with rare plants or
107	animals could lead to cures.
108	(g) The center shall encourage agricultural colleges and
109	agricultural businesses in this state to be active in the search
110	for cures and in providing information to the public about
111	disease prevention.
112	(h) The center shall facilitate partnerships among
113	researchers working to cure all types of diseases, including
114	those that are prevalent in developed countries and those that
115	occur mainly in developing countries.
116	(i) The center shall also encourage the discovery and
117	production in Florida of vaccines that prevent disease.
118	(j) The center shall monitor the supply and demand needs
119	of researchers relating to stem cell research and other types of
120	human tissue research. If the center determines that there is a
121	need for increased donation of human tissue, it shall notify
122	hospitals licensed pursuant to chapter 395, Florida Statutes,
123	which have entered into partnership agreements with research
124	institutes conducting stem cell research located in the same
125	geographic region as the researchers demanding the stem cells or
126	other tissues. Such hospitals shall implement programs that
127	encourage voluntary donations of cord blood or other needed
128	adult tissue.
129	(k) The center shall be funded through private, state, and
130	federal sources.
131	(l) The center shall serve as a registry of all known
132	opportunities for biomedical grants and may assist any public or
133	private biomedical research program in this state in preparing
134	grant requests.
135	(m) The center shall maintain an Internet website with
136	links to peer-reviewed biomedical research. The website shall
137	also contain a list of all known biomedical research being
138	conducted in Florida and shall facilitate communication among
139	researchers and other interested parties.
140	(n) The center shall submit an annual report to the
141	Governor, the President of the Senate, and the Speaker of the
142	House of Representatives no later than January 15 which contains
143	recommendations for legislative change necessary to foster a
144	positive climate for biomedical research in this state.
145	(o) The Department of Health may outsource the duties of
146	the center to a private entity or state university.
147	(4)(a) There is established within the center an advisory
148	council, which shall meet at least annually.
149	(b) The council shall consist of the members of the board
150	of directors of the Florida Research Consortium and at least one
151	representative from:
152	1. The Emerging Technology Commission.
153	2. Enterprise Florida, Inc.
154	3. BioFlorida.
155	4. The Florida Biomedical Research Advisory Council.
156	5. The Florida Medical Foundation.
157	6. Pharmaceutical Research and Manufacturers of America.
158	7. The Florida Tri-Agency Coalition on Smoking and Health.
159	8. The Florida Cancer Research Cooperative, Inc.
160	9. The American Cancer Society, Florida Division, Inc.
161	10. The American Heart Association.
162	11. The American Lung Association of Florida.
163	12. The American Diabetes Association, South Coastal
164	Region.
165	13. The Alzheimer's Association.
166	14. The Epilepsy Foundation.
167	15. The National Parkinson Foundation.
168	16. The Florida Public Health Foundation, Inc.
169	17. Scripps Florida or the entity formed in this state by
170	The Scripps Research Institute.
171	(c) Members of the council shall serve without
172	compensation, and each organization represented shall cover all
173	expenses of its representative.
174	Section 2. Paragraphs (a) and (b) of subsection (1) and
175	subsections (2) and (10) of section 215.5602, Florida Statutes,
176	are amended to read:
177	215.5602 James and Esther King Biomedical Research
178	Program.--
179	(1) There is established within the Department of Health
180	the James and Esther King Biomedical Research Program funded by
181	the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
182	215.5601. The purpose of the James and Esther King Biomedical
183	Research Program is to provide an annual and perpetual source of
184	funding in order to support research initiatives that address
185	the health care problems of Floridians in the areas of tobacco-
186	related cancer, cardiovascular disease, stroke, and pulmonary
187	disease. The long-term goals of the program are to:
188	(a) Improve the health of Floridians by researching better
189	prevention, diagnoses, and treatments, and curesfor cancer,
190	cardiovascular disease, stroke, and pulmonary disease.
191	(b) Expand the foundation of biomedical knowledge relating
192	to the prevention, diagnosis, and treatment, and cureof
193	diseases related to tobacco use, including cancer,
194	cardiovascular disease, stroke, and pulmonary disease.
195	(2) Funds appropriated for the James and Esther King
196	Biomedical Research Program shall be used exclusively for the
197	award of grants and fellowships as established in this section;
198	for research relating to the prevention, diagnosis, and
199	treatment, and cureof diseases related to tobacco use,
200	including cancer, cardiovascular disease, stroke, and pulmonary
201	disease; and for expenses incurred in the administration of this
202	section. Priority shall be granted to research designed to
203	prevent or cure disease.
204	(10) The council shall submit an annual progress report on
205	the state of biomedical research in this state to the Florida
206	Center for Universal Research to Eradicate Disease and tothe
207	Governor, the Secretary of Health, the President of the Senate,
208	and the Speaker of the House of Representatives by February 1.
209	The report must include:
210	(a) A list of research projects supported by grants or
211	fellowships awarded under the program.
212	(b) A list of recipients of program grants or fellowships.
213	(c) A list of publications in peer reviewed journals
214	involving research supported by grants or fellowships awarded
215	under the program.
216	(d) The total amount of biomedical research funding
217	currently flowing into the state.
218	(e) New grants for biomedical research which were funded
219	based on research supported by grants or fellowships awarded
220	under the program.
221	(f) Progress in the prevention, diagnosis, and treatment,
222	and cureof diseases related to tobacco use, including cancer,
223	cardiovascular disease, stroke, and pulmonary disease.
224	Section 3. Paragraph (d) of subsection (1) of section
225	215.5601, Florida Statutes, is amended to read:
226	215.5601 Lawton Chiles Endowment Fund.--
227	(1) LEGISLATIVE INTENT.--It is the intent of the
228	Legislature to:
229	(d) Provide funds to help support public-health and
230	biomedical research for the prevention, diagnosis, and
231	treatment, and cureof diseases related to tobacco use by
232	creating an annual and perpetual source of funding for
233	biomedical research in the state in order to expand the
234	foundation of biomedical knowledge relating to the prevention,
235	diagnosis, and treatment, and cureof diseases related to
236	tobacco use, including cancer, cardiovascular disease, stroke,
237	and pulmonary disease; improve the quality of the state's
238	academic health centers by bringing the advances of biomedical
239	research into the training of physicians and other health care
240	providers; and increase the state's per capita funding for
241	biomedical research by undertaking new initiatives in biomedical
242	research which will attract additional funding from outside the
243	state while also stimulating economic activity in the state in
244	areas related to biomedical research, such as the research and
245	production of pharmaceuticals, biotechnology, and medical
246	devices.
247	Section 4. Florida Cancer Research Cooperative.--
248	(1) Effective July 1, 2004, the Florida Cancer Research
249	Cooperative is established for the purpose of making the State
250	of Florida a world-class center for cancer research.
251	(2)(a) A not-for-profit corporation, acting as an
252	instrumentality of the Florida Dialogue on Cancer, shall be
253	organized for the purpose of governing the affairs of the
254	cooperative.
255	(b) The Florida Cancer Research Cooperative, Inc., may
256	create not-for-profit corporate subsidiaries to fulfill its
257	mission. The not-for-profit corporation and its subsidiaries may
258	receive, hold, invest, and administer property and any moneys
259	acquired from private, local, state, and federal sources, as
260	well as technical and professional income generated or derived
261	from the mission-related activities of the cooperative.
262	(c) The affairs of the not-for-profit corporation shall be
263	managed by a board of directors, which shall consist of:
264	1. The Secretary of Health or his or her designee.
265	2. The Chief Executive Officer of the H. Lee Moffitt
266	Cancer Center or his or her designee.
267	3. The President of the University of Florida Shands
268	Cancer Center or his or her designee.
269	4. The Chief Executive Officer of the University of Miami
270	Sylvester Comprehensive Cancer Center or his or her designee.
271	5. The Chief Executive Officer of the Mayo Clinic,
272	Jacksonville, or his or her designee.
273	6. The Chief Executive Officer of the American Cancer
274	Society, Florida Division, or his or her designee.
275	7. The President of the American Cancer Society, Florida
276	Division Board of Directors, or his or her designee.
277	8. The President of the Florida Society of Clinical
278	Oncology or his or her designee.
279	9. The Chief Executive Officer of Enterprise Florida,
280	Inc., or his or her designee.
281	10. Three representatives from large Florida hospitals or
282	institutions, not delineated in subparagraphs 2.-5., which treat
283	a large volume of cancer patients. One shall be appointed by the
284	Governor, one shall be appointed by the President of the Senate,
285	and one shall be appointed by the Speaker of the House of
286	Representatives.
287	11. Three representatives from community-based, statewide
288	organizations serving populations that experience cancer
289	disparities, one of whom shall be appointed by the Governor, one
290	of whom shall be appointed by the President of the Senate, and
291	one of whom shall be appointed by the Speaker of the House of
292	Representatives.
293	12. One member of the Florida House of Representatives, to
294	be appointed by the Speaker of the House of Representatives.
295	13. One member of the Florida Senate, to be appointed by
296	the President of the Senate.
297	14. Three university presidents, one of whom shall be
298	appointed by the Governor, one of whom shall be appointed by the
299	President of the Senate, and one of whom shall be appointed by
300	the Speaker of the House of Representatives.
301	15. Five representatives from other statewide public
302	health organizations whose missions include public education and
303	the eradication of cancer, three of whom shall be appointed by
304	the Governor, one of whom shall be appointed by the President of
305	the Senate, and one of whom shall be appointed by the Speaker of
306	the House of Representatives.
307	(d) Appointments made by the Speaker of the House of
308	Representatives and the President of the Senate pursuant to
309	paragraph (c) shall be for 2-year terms, concurrent with the
310	bienniums in which they serve as presiding officers.
311	(e) Appointments made by the Governor pursuant to
312	paragraph (c) shall be for 2-year terms, although the Governor
313	may reappoint directors.
314	(f) Members of the board of directors of the not-for-
315	profit corporation or any subsidiaries shall serve without
316	compensation.
317	(3) The cooperative shall issue an annual report to the
318	Florida Center for Universal Research to Eradicate Disease and
319	to the Governor, the Speaker of the House of Representatives,
320	and the President of the Senate, by December 15 of each year,
321	with policy and funding recommendations regarding cancer
322	research capacity in Florida and related issues.
323	Section 5. Florida Cancer Research Cooperative; mission
324	and duties.--
325	(1) The cooperative shall develop and centralize the
326	processes and shared services for expanding cancer research in
327	Florida through:
328	(a) Support through bioinformatics, in order to create a
329	cancer informatics infrastructure that enhances information and
330	resource exchange and integration through researchers working in
331	diverse disciplines to facilitate the full spectrum of cancer
332	investigations.
333	(b) Technical coordination, business development, and
334	support of intellectual property.
335	(c) Development of a statewide cancer clinical trials
336	network as contemplated in section 1.
337	(d) Other activities to support multidisciplinary
338	research.
339	(2) The cooperative shall work in concert with the Florida
340	Center for Universal Research to Eradicate Disease created in
341	section 1 to ensure that the goals of the center are advanced.
342	Section 6. The Florida Public Health Foundation, Inc.;
343	establishment; purpose; mission; duties; board of directors.--
344	(1) The Florida Public Health Foundation, Inc., otherwise
345	referred to in this section as "corporation," is established for
346	the purpose of disseminating breakthrough findings in biomedical
347	research and promoting health awareness in this state.
348	(2) The corporation's mission includes disseminating
349	information about innovative biomedical research and clinical
350	trials in this state as well as making Floridians and their
351	treatment providers aware of specified diseases and conditions
352	and available methods of preventing, diagnosing, treating, and
353	curing those diseases and conditions.
354	(3) The purpose and objective of the corporation shall be
355	to operate exclusively for charitable, scientific, and
356	educational purposes; to protect and improve the health and
357	well-being of Florida's people and environment through
358	partnerships committed to program innovation, education, applied
359	research, and policy development; and to engage in charitable
360	programs dedicated to improving the health of Floridians.
361	(4) The corporation shall be established as a not-for-
362	profit entity qualifying under section 501(c)(3) of the Internal
363	Revenue Code. The corporation may receive, hold, invest, and
364	administer property and any moneys acquired from private, local,
365	state, and federal sources, as well as technical and
366	professional income generated or derived from the mission-
367	related activities of the corporation. The corporation shall
368	have all of the powers conferred upon corporations organized
369	under chapter 617, Florida Statutes.
370	(5) The corporation's duties include procuring funds
371	necessary for accomplishing the purpose and mission of the
372	corporation. The corporation shall strive to complement,
373	supplement, and enhance the missions of the various
374	organizations, entities, and departments represented on its
375	board by serving as the lead corporation in the state for
376	promoting public health awareness.
377	(6) The affairs of the corporation shall be managed by an
378	executive director appointed by a board of directors consisting
379	of:
380	(a) The Secretary of Health or his or her designee.
381	(b) A former member of the Senate appointed by the
382	President of the Senate.
383	(c) A former member of the House of Representatives
384	appointed by the Speaker of the House of Representatives.
385	(d) A representative of the American Heart Association.
386	(e) A representative of the American Cancer Society,
387	Florida Division, Inc.
388	(f) A representative of the American Lung Association of
389	Florida.
390	(g) A representative of the American Diabetes Association,
391	South Coastal Region.
392	(h) A representative of the Alzheimer's Association.
393	(i) A representative of the Epilepsy Foundation.
394	(j) A representative of the National Parkinson Foundation.
395	(k) A representative of the March of Dimes, Florida
396	Chapter.
397	(l) A representative of the Arthritis Foundation, Florida
398	Chapter.
399	(m) A representative of the American Liver Foundation.
400	(n) A representative of the Florida Council for Behavioral
401	Healthcare, Inc.
402	(o) A representative of the Florida Alcohol and Drug Abuse
403	Association, Inc.
404	(p) A representative of Pharmaceutical Research and
405	Manufacturers of America.
406	(q) A representative of the Florida Public Health
407	Association.
408	(r) A representative of the Florida Association of County
409	Health Officers.
410	(s) A public health academician selected by the state
411	health officer.
412	(t) A representative of the Florida Academy of Family
413	Physicians.
414	(u) Three consumers who have demonstrated an interest in
415	protecting the public health appointed by the Florida Public
416	Health Association.
417	(7) Members of the board of directors shall serve for 2-
418	year terms and shall serve without compensation.
419	(8) The corporation, in consultation with the Department
420	of Health and the Florida Center for Universal Research to
421	Eradicate Disease, shall facilitate communication between
422	biomedical researchers and health care providers each month
423	according to the health awareness schedule established by the
424	corporation, in order to ensure ongoing dialogue among
425	researchers, treatment providers, and the department.
426	(9) The corporation and the Department of Health shall
427	enter into partnerships with providers of continuing education
428	for health care practitioners, including, but not limited to,
429	hospitals and state and local medical organizations, to ensure
430	that practitioners are aware of the most recent and complete
431	diagnostic and treatment tools.
432	(10) The corporation shall provide an annual report
433	concerning its activities and finances to the Florida Center for
434	Universal Research to Eradicate Disease by December 15 and shall
435	provide copies of the annual report to the Governor, the
436	President of the Senate, and the Speaker of the House of
437	Representatives.
438	Section 7. Health awareness campaigns.--
439	(1) The Florida Public Health Foundation, Inc., in
440	consultation with the Department of Health, shall coordinate
441	monthly health awareness campaigns with national, state, and
442	local health care organizations and government entities
443	targeting a wide range of the public, including: parents;
444	teachers and other school employees; students in grades 4-12,
445	colleges, and universities; state agency employees; county and
446	local government employees; patients of county health
447	departments; Medicaid recipients; health care professionals and
448	providers; and the public in general.
449	(2) The awareness campaigns shall include the provision of
450	educational information about preventing, detecting, treating,
451	and curing the following diseases or conditions. Additional
452	diseases and conditions that impact the public health may be
453	added by the board of directors of the Florida Public Health
454	Foundation, Inc. However, each of the following diseases or
455	conditions must be included in an awareness campaign during at
456	least 1 month in any 24-month period:
457	(a) Cancer, including breast, prostate, cervical, ovarian,
458	colorectal, and skin cancer and leukemia.
459	(b) Heart disease.
460	(c) Stroke.
461	(d) Lung disease, including asthma and smoking-related
462	disease.
463	(e) Neurological disorders and disease, including
464	Alzheimer's disease, Parkinson's disease, and epilepsy.
465	(f) Gastrointestinal disease.
466	(g) Kidney disease.
467	(h) Diabetes.
468	(i) Liver disease.
469	(j) Autoimmune disorders.
470	(k) Birth defects and prenatal care.
471	(l) Obesity and malnutrition.
472	(m) Sexually transmissible disease.
473	(n) Hepatitis A, hepatitis B, and hepatitis C.
474	(o) Arthritis.
475	(p) Vaccine-preventable diseases.
476	(q) Infectious diseases, including HIV/AIDS.
477	(r) Substance abuse.
478	(s) Mental illness.
479	(3) The health awareness campaigns shall be funded by the
480	Florida Public Health Foundation, Inc., and the Department of
481	Health to the extent that funds are available from public and
482	private sources.
483	(4) Health awareness information shall be disseminated
484	through all available methods, including print, audio, visual,
485	and electronic media.
486	Section 8. This act shall take effect upon becoming a law.