HB 1233

1
A bill to be entitled
2An act relating to cancer research and treatment;
3providing a popular name; providing legislative intent;
4amending s. 210.01, F.S.; providing a definition; amending
5s. 210.20, F.S.; deleting an obsolete provision directing
6deposit and payment of cigarette tax funds; providing for
7the deposit of a portion of cigarette tax funds into the
8Cancer Research and Treatment Trust Fund for certain uses
9by the Florida Cancer Council; specifying such uses;
10specifying a minimum appropriation; creating s. 212.202,
11F.S.; requiring the council to use cigarette tax
12collection distributions for certain purposes; requiring
13Governor and Cabinet approval for capital construction
14projects; amending s. 381.921, F.S.; authorizing the
15council to award grants; providing preference criteria;
16creating ss. 381.922, 381.923, 381.924, and 381.925, F.S.;
17specifying allocations of certain funds in the Cancer
18Research and Treatment Trust Fund; requiring Governor and
19Cabinet approval for capital construction projects;
20requiring executed contracts for council grants; providing
21contract requirements; requiring an extraordinary vote for
22contract amendment approval; requiring the council to work
23with the Office of Tourism, Trade, and Economic
24Development to determine economic benefits of grants;
25requiring a report; specifying report requirements;
26specifying a time period for council award of grants;
27providing for reversion of undisbursed funds; requiring
28the Office of Program Policy and Government Accountability
29to conduct certain reviews and report to the Legislature;
30providing an appropriation; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  This act may be cited as the "Florida Cancer
35Research and Treatment Act."
36     Section 2.  It is the intent of the Legislature to
37dramatically reduce this state's inordinately high cancer
38burden, reducing both cancer incidence and mortality, while
39advancing scientific endeavors in this state, making this state
40a world-class leader in cancer research and treatment. It is
41also the intent of the Legislature to make this state's cancer
42research institutions and facilities more competitive in the
43pursuit of cancer research grant funding from the National
44Institutes of Health's National Cancer Institute and other
45sources, with a goal of increasing the allocation of federal
46cancer research grants to grantees in this state from the
47current level of $38 million per annum to $200 million per annum
48by 2010. Additionally, it is the intent of the Legislature to
49spawn dramatic economic development, particularly in the biotech
50industry, through investment in this state's cancer research and
51treatment infrastructure.
52     Section 3.  Subsections (11) through (18) of section
53210.01, Florida Statutes, are renumbered as subsections (12)
54through (19), respectively, and new subsection (11) is added to
55said section, to read:
56     210.01  Definitions.--When used in this part the following
57words shall have the meaning herein indicated:
58     (11)  "Council" means the Florida Cancer Council, under the
59Department of Health, as established in s. 381.92.
60     Section 4.  Subsection (2) of section 210.20, Florida
61Statutes, is amended to read:
62     210.20  Employees and assistants; distribution of funds.--
63     (2)  As collections are received by the division from such
64cigarette taxes, it shall pay the same into a trust fund in the
65State Treasury designated "Cigarette Tax Collection Trust Fund"
66which shall be paid and distributed as follows:
67     (a)  The division shall from month to month certify to the
68Chief Financial Officer the amount derived from the cigarette
69tax imposed by s. 210.02, less the service charges provided for
70in s. 215.20 and less 0.9 percent of the amount derived from the
71cigarette tax imposed by s. 210.02, which shall be deposited
72into the Alcoholic Beverage and Tobacco Trust Fund, specifying
73the amounts to be transferred from the Cigarette Tax Collection
74Trust Fund and credited on the basis of 2.9 percent of the net
75collections to the Revenue Sharing Trust Fund for Counties and
7629.3 percent of the net collections for the funding of indigent
77health care to the Public Medical Assistance Trust Fund.
78     (b)1.  Beginning January 1, 1999, and continuing for 10
79years thereafter, the division shall from month to month certify
80to the Chief Financial Officer the amount derived from the
81cigarette tax imposed by s. 210.02, less the service charges
82provided for in s. 215.20 and less 0.9 percent of the amount
83derived from the cigarette tax imposed by s. 210.02, which shall
84be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
85specifying an amount equal to 2.59 percent of the net
86collections, and that amount shall be paid to the Board of
87Directors of the H. Lee Moffitt Cancer Center and Research
88Institute, established under s. 1004.43, by warrant drawn by the
89Chief Financial Officer upon the State Treasury. These funds,
90which are separate and distinct from the funds earmarked for the
91council in paragraph (c), are hereby appropriated monthly out of
92the Cigarette Tax Collection Trust Fund, to be used for the
93purpose of constructing, furnishing, and equipping a cancer
94research facility at the University of South Florida adjacent to
95the H. Lee Moffitt Cancer Center and Research Institute. In
96fiscal years 1999-2000 and thereafter with the exception of
97fiscal year 2008-2009, the appropriation to the H. Lee Moffitt
98Cancer Center and Research Institute authorized by this
99subparagraph shall not be less than the amount that would have
100been paid to the H. Lee Moffitt Cancer Center and Research
101Institute for fiscal year 1998-1999 had payments been made for
102the entire fiscal year rather than for a 6-month period thereof.
103     2.  Beginning July 1, 2002, and continuing through June 30,
1042004, the division shall, in addition to the distribution
105authorized in subparagraph 1., from month to month certify to
106the Chief Financial Officer the amount derived from the
107cigarette tax imposed by s. 210.02, less the service charges
108provided for in s. 215.20 and less 0.9 percent of the amount
109derived from the cigarette tax imposed by s. 210.02, which shall
110be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
111specifying an amount equal to 0.2632 percent of the net
112collections, and that amount shall be paid to the Board of
113Directors of the H. Lee Moffitt Cancer Center and Research
114Institute, established under s. 1004.43, by warrant drawn by the
115Chief Financial Officer. Beginning July 1, 2004, and continuing
116through June 30, 2016, the division shall, in addition to the
117distribution authorized in subparagraph 1., from month to month
118certify to the Chief Financial Officer the amount derived from
119the cigarette tax imposed by s. 210.02, less the service charges
120provided for in s. 215.20 and less 0.9 percent of the amount
121derived from the cigarette tax imposed by s. 210.02, which shall
122be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
123specifying an amount equal to 1.47 percent of the net
124collections, and that amount shall be paid to the Board of
125Directors of the H. Lee Moffitt Cancer Center and Research
126Institute, established under s. 1004.43, by warrant drawn by the
127Chief Financial Officer. These funds are appropriated monthly
128out of the Cigarette Tax Collection Trust Fund, to be used for
129the purpose of constructing, furnishing, and equipping a cancer
130research facility at the University of South Florida adjacent to
131the H. Lee Moffitt Cancer Center and Research Institute. In
132fiscal years 2004-2005 and thereafter, the appropriation to the
133H. Lee Moffitt Cancer Center and Research Institute authorized
134by this subparagraph shall not be less than the amount that
135would have been paid to the H. Lee Moffitt Cancer Center and
136Research Institute in fiscal year 2001-2002, had this
137subparagraph been in effect.
138     (c)  Beginning July 1, 2005, and continuing for 5 years
139thereafter, the division shall from month to month certify to
140the Chief Financial Officer the amount derived from the
141cigarette tax imposed by s. 210.02, less the service charges
142provided for in s. 215.20 and less 0.9 percent of the amount
143derived from the cigarette tax imposed by s. 210.02, which shall
144be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
145specifying an amount equal to 12.9528 percent of the net
146collections, and that amount shall be deposited into the Cancer
147Research and Treatment Trust Fund created in s. 381.926 for the
148use of the Florida Cancer Council established under s. 381.92,
149by warrant drawn by the Chief Financial Officer upon the State
150Treasury. These funds are hereby appropriated monthly out of the
151Cigarette Tax Collection Trust Fund, to be used for the purposes
152prescribed in s. 381.921 as they relate to:
153     1.  Attracting, recruiting, and employing experts in the
154field of cancer research, with emphasis given to those cancer
155researchers that will generate increased federal cancer research
156dollars directed to institutions in the state.
157     2.  Providing operational start-up support, including
158appropriate equipment as determined by the council, for
159individual cancer researchers or teams of cancer researchers
160attracted to the state pursuant to subparagraph 1.
161     3.  Capital expenditures as they relate to the purposes
162prescribed in s. 381.921, subject to approval by the Governor
163and Cabinet.
164     (d)  In fiscal years 2005-2006 through 2009-2010, the
165appropriation to the Florida Cancer Council authorized by
166paragraph (c) shall not be less than the amount that would have
167been distributed to the Florida Cancer Council in fiscal year
1682004-2005 had the provisions of paragraph (c) been in effect.
169     Section 5.  Section 210.202, Florida Statutes, is created
170to read:
171     210.202  Florida Cancer Council; expenditure of cigarette
172tax proceeds.--The Florida Cancer Council established in s.
173381.92 shall use the cigarette tax collections distributed to
174the council pursuant to s. 210.20(2)(c) for the purposes
175enumerated in s. 381.921. Any capital construction projects
176granted by the council pursuant to s. 210.20(2)(c)3. shall
177require the approval of the Governor and Cabinet.
178     Section 6.  Section 381.921, Florida Statutes, is amended
179to read:
180     381.921  Florida Cancer Council mission and duties.--The
181council, which shall work in concert with the Florida Center for
182Universal Research to Eradicate Disease to ensure that the goals
183of the center are advanced, shall endeavor to dramatically
184improve cancer research and treatment in this state through:
185     (1)  Efforts to significantly expand cancer research
186capacity in the state by:
187     (a)  Identifying ways to attract new research talent and
188attendant national grant-producing researchers to Florida-based
189cancer research facilities in this state;
190     (b)  Implementing a peer-reviewed, competitive process to
191identify and fund the best proposals to expand cancer research
192institutes in this state;
193     (c)  Funding through available resources for those
194proposals that demonstrate the greatest opportunity to attract
195federal research grants and private financial support;
196     (d)  Encouraging the employment of bioinformatics in order
197to create a cancer informatics infrastructure that enhances
198information and resource exchange and integration through
199researchers working in diverse disciplines, to facilitate the
200full spectrum of cancer investigations;
201     (e)  Facilitating the technical coordination, business
202development, and support of intellectual property as it relates
203to the advancement of cancer research; and
204     (f)  Aiding in other multidisciplinary research-support
205activities as they inure to the advancement of cancer research.
206     (2)  Efforts to improve both research and treatment through
207greater participation in clinical trials networks by:
208     (a)  Identifying ways to increase adult enrollment in
209cancer clinical trials;
210     (b)  Supporting public and private professional education
211programs designed to increase the awareness and knowledge about
212cancer clinical trials;
213     (c)  Providing tools to cancer patients and community-based
214oncologists to aid in the identification of cancer clinical
215trials available in the state; and
216     (d)  Creating opportunities for the state's academic cancer
217centers to collaborate with community-based oncologists in
218cancer clinical trials networks.
219     (3)  Efforts to reduce the impact of cancer on disparate
220groups by:
221     (a)  Identifying those cancers that disproportionately
222impact certain demographic groups; and
223     (b)  Building collaborations designed to reduce health
224disparities as they relate to cancer.
225
226The council may award grants, using a peer-reviewed competitive
227process, from the funds generated pursuant to s. 210.20(2)(c)3.
228or funds allocated from other sources to execute the purposes
229set forth in this section. The council, where possible, shall
230give preference to proposals that promote collaborative efforts
231between institutions in this state and facilities to advance
232cancer research, as well as the detection and treatment of
233cancer.
234     Section 7.  Section 381.922, Florida Statutes, is created
235to read:
236     381.922  Florida Cancer Council grants; apportionment of
237allocated funds.--
238     (1)  From the funds deposited into the Cancer Research and
239Treatment Trust Fund created in s. 381.926 for the purposes
240prescribed in s. 381.921, the following allocations shall apply:
241     (a)  Up to 40 percent of available proceeds may be used for
242grants related to attracting, recruiting, and employing experts
243in the field of cancer research, with emphasis given to those
244researchers that will generate increased federal research
245dollars directed to institutions in this state.
246     (b)  Up to 40 percent of available proceeds may be used for
247grants related to the provision of operational start-up support
248to institutions in this state and facilities for those
249researchers or teams of researchers recruited to the state
250pursuant to paragraph (a), including appropriate equipment as
251determined by the council.
252     (c)  Up to 20 percent of available proceeds may be used for
253grants related to capital projects.
254     (2)  Any capital construction projects granted by the
255council pursuant to paragraph (1)(c) shall require the approval
256of the Governor and Cabinet.
257     Section 8.  Section 381.923, Florida Statutes, is created
258to read:
259     381.923  Florida Cancer Council grant contracts; required
260provisions.--
261     (1)  Each grant issued by the council shall require the
262execution of a contract with, at a minimum, provisions:
263     (a)  Specifying the procedures and schedules that govern
264the disbursement of funds under the grant.
265     (b)  Specifying the conditions or deliverables that the
266grantee or grantees must satisfy before the release of any
267disbursement.
268     (c)  Governing the ownership of, or security interests in,
269real property and personal property, including, but not limited
270to, research equipment obtained for private institutions through
271state resources, including a provision that if the grant
272contract is breached, or if a private sector grantee ceases
273operations in this state, such property purchased with state
274funds shall revert to the state.
275     (d)  Requiring the grantee to be an equal opportunity
276employer.
277     (e)  Requiring the grantee to submit data quarterly to the
278council on the activities and performance of the grantee in
279executing the intent of the grant, including an accounting of
280the funds disbursed under the grant, the number and nature of
281the jobs created as a result of the grant activity, and the
282average wages related thereto.
283     (f)  Establishing that the council shall review the
284activities of the grantee to assess the grantee's financial and
285operational compliance with the provisions of the contract and
286with relevant provisions of law.
287     (g)  Authorizing the grantee, when feasible, to use
288information submitted by the grantee to the National Institutes
289of Health's National Cancer Institute or to other organizations
290awarding research grants to the grantee to help meet reporting
291requirements under this section or the contract, if the
292information satisfies the reporting standards of this section
293and the contract.
294     (h)  Requiring the grantee to allow the council to retain
295an independent certified accountant licensed in this state
296pursuant to chapter 473, to inspect the records of the grantee
297in order to audit the expenditure of funds granted to the
298grantee. The independent certified accountant may not disclose
299any confidential or proprietary scientific information of the
300grantee.
301     (i)  Requiring the grantee to maintain liability insurance
302and governing the coverage level of such insurance.
303     (2)  An amendment to a contract executed under this section
304requires an affirmative vote by at least two-thirds of the
305council.
306     Section 9.  Section 381.924, Florida Statutes, is created
307to read:
308     381.924  Florida Cancer Council; reporting on performance
309expectations.--The council shall work with the Office of
310Tourism, Trade, and Economic Development to ascertain the
311economic benefits accruing to the state as a result of funds
312being appropriated to the council for disbursement of grants to
313carry out the intent prescribed in s. 381.921. The council shall
314report to the Governor, the President of the Senate, and the
315Speaker of the House of Representatives in its annual report due
316by December 15 performance results, at a minimum, addressing:
317     (1)  The number and dollar value of cancer research grants
318obtained by institutions in the state from the National
319Institutes of Health's National Cancer Institute or sources
320other than this state, as well as overall cancer research
321funding in this state.
322     (2)  The percentage of total cancer research dollars
323received by grantees from sources other than this state which is
324used to conduct cancer research activities by the grantee in
325this state.
326     (3)  The number or value of any patent or licensing
327agreements, arising from cancer research grants disbursed by the
328council, executed by the council's grantees.
329     (4)  The extent to which cancer research conducted by the
330council's grantees results in commercial applications.
331     (5)  The extent to which grants disbursed by the council
332enhance participation in cancer clinical trials, and the
333reportable results related to such trials.
334     (6)  The number and nature of collaborations on cancer
335research between institutions in this state, as well as
336partnerships with out-of-state institutions engaged in cancer
337research.
338     (7)  The number and nature of collaborative partnerships of
339council grantees with businesses in this state.
340     (8)  The number or value of businesses created as a result
341of this state's investment in an enhanced cancer research and
342treatment infrastructure, including the number and nature of
343jobs created as result of council grants, as well as data on the
344average salary per created job.
345     Section 10.  Section 381.925, Florida Statutes, is created
346to read:
347     381.925  Florida Cancer Council grant disbursements.--The
348council shall award grants over a period of 5 fiscal years,
349beginning July 1, 2005. The council shall complete disbursement
350of the total amount of grant funds appropriated by the
351Legislature no later than June 30, 2010, unless grantees fail to
352satisfy the prescribed terms and conditions of contracts. Any
353funds that are not disbursed by June 30, 2010, shall revert to
354the Cancer Research and Treatment Trust Fund created in s.
355381.926.
356     Section 11.  The Office of Program Policy Analysis and
357Government Accountability shall conduct a review of the status
358of cancer research and participation in cancer clinical trials
359in the state to establish baseline measures for the Florida
360Cancer Council's reporting requirements prescribed in s.
361381.924, Florida Statutes, and shall report its findings to the
362President of the Senate and the Speaker of the House of
363Representatives by November 1, 2005. The office shall review the
364progress of the council in carrying out its mission and duties
365prescribed in s. 381.921, Florida Statutes, and shall report to
366the President of the Senate and the Speaker of the House of
367Representatives by January 1, 2007. Subsequent reviews shall be
368due to the President of the Senate and the Speaker of the House
369of Representatives by January 1, 2010, and January 1, 2012. The
370initial two reviews under this section may be done in
371conjunction with the legislatively mandated reviews prescribed
372in chapter 2003-420, Laws of Florida.
373     Section 12.  In addition to the revenues from s. 210.20,
374Florida Statutes, dedicated from fiscal years 2005-2006 through
3752009-2010 for investment in the purposes prescribed in s.
376381.921, Florida Statutes, the sum of $250 million shall be
377appropriated from the General Revenue Fund, provided such
378appropriation is included in the General Appropriations Act for
379fiscal year 2005-2006, and deposited into the Cancer Research
380and Treatment Trust Fund created in s. 381.926, Florida
381Statutes, to further carry out the intent of this act. Unless
382specified in another enactment, the funds contemplated in this
383section shall be derived from the nonrecurring General Revenue
384funds available for appropriation for fiscal year 2005-2006.
385     Section 13.  This act shall take effect July 1, 2005.


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