HB 1233CS

CHAMBER ACTION



1The Health Care General Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to cancer research and treatment;
7providing a popular name; providing legislative intent;;
8amending s. 381.921, F.S.; authorizing the Florida Cancer
9Council to award grants; providing preference criteria;
10creating ss. 381.922, 381.923, 381.924, and 381.925, F.S.;
11specifying allocations of certain funds in the Cancer
12Research and Treatment Trust Fund; requiring Governor and
13Cabinet approval for capital construction projects;
14requiring executed contracts for council grants; providing
15contract requirements; requiring an extraordinary vote for
16contract amendment approval; requiring the council to work
17with the Office of Tourism, Trade, and Economic
18Development to determine economic benefits of grants;
19requiring a report; specifying report requirements;
20specifying a time period for council award of grants;
21providing for reversion of undisbursed funds; requiring
22the Office of Program Policy and Government Accountability
23to review the progress of the council and report to the
24Legislature; providing for subsequent reviews and reports;
25providing an appropriation; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  This act may be cited as the "Florida Cancer
30Research and Treatment Act."
31     Section 2.  It is the intent of the Legislature to
32dramatically reduce this state's inordinately high cancer
33burden, reducing both cancer incidence and mortality, while
34advancing scientific endeavors in this state, making this state
35a world-class leader in cancer research and treatment. It is
36also the intent of the Legislature to make this state's cancer
37research institutions and facilities more competitive in the
38pursuit of cancer research grant funding from the National
39Institutes of Health's National Cancer Institute and other
40sources, with a goal of increasing the allocation of federal
41cancer research grants to grantees in this state from the
42current level of $38 million per annum to $200 million per annum
43by 2010. Additionally, it is the intent of the Legislature to
44spawn dramatic economic development, particularly in the biotech
45industry, through investment in this state's cancer research and
46treatment infrastructure.
47     Section 3.  Section 381.921, Florida Statutes, is amended
48to read:
49     381.921  Florida Cancer Council mission and duties.--The
50council, which shall work in concert with the Florida Center for
51Universal Research to Eradicate Disease to ensure that the goals
52of the center are advanced, shall endeavor to dramatically
53improve cancer research and treatment in this state through:
54     (1)  Efforts to significantly expand cancer research
55capacity in the state by:
56     (a)  Identifying ways to attract new research talent and
57attendant national grant-producing researchers to Florida-based
58cancer research facilities in this state;
59     (b)  Implementing a peer-reviewed, competitive process to
60identify and fund the best proposals to expand cancer research
61institutes in this state;
62     (c)  Funding through available resources for those
63proposals that demonstrate the greatest opportunity to attract
64federal research grants and private financial support;
65     (d)  Encouraging the employment of bioinformatics in order
66to create a cancer informatics infrastructure that enhances
67information and resource exchange and integration through
68researchers working in diverse disciplines, to facilitate the
69full spectrum of cancer investigations;
70     (e)  Facilitating the technical coordination, business
71development, and support of intellectual property as it relates
72to the advancement of cancer research; and
73     (f)  Aiding in other multidisciplinary research-support
74activities as they inure to the advancement of cancer research.
75     (2)  Efforts to improve both research and treatment through
76greater participation in clinical trials networks by:
77     (a)  Identifying ways to increase adult enrollment in
78cancer clinical trials;
79     (b)  Supporting public and private professional education
80programs designed to increase the awareness and knowledge about
81cancer clinical trials;
82     (c)  Providing tools to cancer patients and community-based
83oncologists to aid in the identification of cancer clinical
84trials available in the state; and
85     (d)  Creating opportunities for the state's academic cancer
86centers to collaborate with community-based oncologists in
87cancer clinical trials networks.
88     (3)  Efforts to reduce the impact of cancer on disparate
89groups by:
90     (a)  Identifying those cancers that disproportionately
91impact certain demographic groups; and
92     (b)  Building collaborations designed to reduce health
93disparities as they relate to cancer.
94
95The council may award grants, using a peer-reviewed competitive
96process, from funds allocated to execute the purposes set forth
97in this section. Grants issued by the council may only be
98awarded to researchers, universities, or other not-for-profit
99concerns that will engage in grant activity, as described in s.
100381.922, within this state. The council, where possible, shall
101give preference to proposals that promote collaborative efforts
102between institutions in this state and facilities to advance
103cancer research, as well as the detection and treatment of
104cancer.
105     Section 4.  Section 381.922, Florida Statutes, is created
106to read:
107     381.922  Florida Cancer Council grants; apportionment of
108allocated funds.--
109     (1)  From the funds deposited into the Cancer Research and
110Treatment Trust Fund created in s. 381.926 for the purposes
111prescribed in s. 381.921, the following allocations shall apply:
112     (a)  Up to 40 percent of available proceeds may be used for
113grants related to attracting, recruiting, and employing experts
114in the field of cancer research, with emphasis given to those
115researchers that will generate increased federal research
116dollars directed to institutions in this state.
117     (b)  Up to 40 percent of available proceeds may be used for
118grants related to the provision of operational start-up support
119to institutions in this state and facilities for those
120researchers or teams of researchers recruited to the state
121pursuant to paragraph (a), including appropriate equipment as
122determined by the council.
123     (c)  Up to 20 percent of available proceeds may be used for
124grants related to capital projects.
125     (2)  Any capital construction projects granted by the
126council pursuant to paragraph (1)(c) shall require the approval
127of the Governor and Cabinet.
128     Section 5.  Section 381.923, Florida Statutes, is created
129to read:
130     381.923  Florida Cancer Council grant contracts; required
131provisions.--
132     (1)  Each grant issued by the council shall require the
133execution of a contract with, at a minimum, provisions:
134     (a)  Specifying the procedures and schedules that govern
135the disbursement of funds under the grant.
136     (b)  Specifying the conditions or deliverables that the
137grantee or grantees must satisfy before the release of any
138disbursement.
139     (c)  Governing the ownership of, or security interests in,
140real property and personal property, including, but not limited
141to, research equipment obtained for private institutions through
142state resources, including a provision that if the grant
143contract is breached, or if a private sector grantee ceases
144operations in this state, such property purchased with state
145funds shall revert to the state.
146     (d)  Requiring the grantee to be an equal opportunity
147employer.
148     (e)  Requiring the grantee to submit data quarterly to the
149council on the activities and performance of the grantee in
150executing the intent of the grant, including an accounting of
151the funds disbursed under the grant, the number and nature of
152the jobs created as a result of the grant activity, and the
153average wages related thereto.
154     (f)  Establishing that the council shall review the
155activities of the grantee to assess the grantee's financial and
156operational compliance with the provisions of the contract and
157with relevant provisions of law.
158     (g)  Authorizing the grantee, when feasible, to use
159information submitted by the grantee to the National Institutes
160of Health's National Cancer Institute or to other organizations
161awarding research grants to the grantee to help meet reporting
162requirements under this section or the contract, if the
163information satisfies the reporting standards of this section
164and the contract.
165     (h)  Requiring the grantee to allow the council to retain
166an independent certified public accountant licensed in this
167state pursuant to chapter 473, to inspect the records of the
168grantee in order to audit the expenditure of funds granted to
169the grantee. The independent certified accountant may not
170disclose any confidential or proprietary scientific information
171of the grantee.
172     (i)  Requiring the grantee to maintain liability insurance
173and governing the coverage level of such insurance.
174     (2)  An amendment to a contract executed under this section
175requires an affirmative vote by at least two-thirds of the
176council.
177     Section 6.  Section 381.924, Florida Statutes, is created
178to read:
179     381.924  Florida Cancer Council; reporting on performance
180expectations.--The council shall work with the Office of
181Tourism, Trade, and Economic Development to ascertain the
182economic benefits accruing to the state as a result of funds
183being appropriated to the council for disbursement of grants to
184carry out the intent prescribed in s. 381.921. The council shall
185report to the Governor, the President of the Senate, and the
186Speaker of the House of Representatives in its annual report due
187by December 15 performance results, at a minimum, addressing:
188     (1)  The number and dollar value of cancer research grants
189obtained by institutions in the state from the National
190Institutes of Health's National Cancer Institute or sources
191other than this state, as well as overall cancer research
192funding in this state.
193     (2)  The percentage of total cancer research dollars
194received by grantees from sources other than this state which is
195used to conduct cancer research activities by the grantee in
196this state.
197     (3)  The number or value of any patent or licensing
198agreements, arising from cancer research grants disbursed by the
199council, executed by the council's grantees.
200     (4)  The extent to which cancer research conducted by the
201council's grantees results in commercial applications.
202     (5)  The extent to which grants disbursed by the council
203enhance participation in cancer clinical trials, and the
204reportable results related to such trials.
205     (6)  The number and nature of collaborations on cancer
206research between institutions in this state, as well as
207partnerships with out-of-state institutions engaged in cancer
208research.
209     (7)  The number and nature of collaborative partnerships of
210council grantees with businesses in this state.
211     (8)  The number or value of businesses created as a result
212of this state's investment in an enhanced cancer research and
213treatment infrastructure, including the number and nature of
214jobs created as result of council grants, as well as data on the
215average salary per created job.
216
217The council, in consultation with the Office of Program Policy
218Analysis and Government Accountability, shall develop a plan for
219ensuring that the performance data in the council's annual
220report are maintained by the council and supported by the
221council's records.
222     Section 7.  Section 381.925, Florida Statutes, is created
223to read:
224     381.925  Florida Cancer Council grant disbursements.--The
225council shall award grants over a period of 5 fiscal years,
226beginning July 1, 2005. The council shall complete disbursement
227of the total amount of grant funds appropriated by the
228Legislature no later than June 30, 2010, unless grantees fail to
229satisfy the prescribed terms and conditions of contracts. Any
230funds that are not disbursed by June 30, 2010, shall revert to
231the Cancer Research and Treatment Trust Fund created in s.
232381.926.
233     Section 8.  The Office of Program Policy Analysis and
234Government Accountability shall review the progress of the
235council in carrying out its mission and duties prescribed in s.
236381.921, Florida Statutes, and shall report to the President of
237the Senate and the Speaker of the House of Representatives by
238January 1, 2007. Subsequent reviews shall be due to the
239President of the Senate and the Speaker of the House of
240Representatives by January 1, 2010, and January 1, 2012. The
241initial two reviews under this section may be done in
242conjunction with the legislatively mandated reviews prescribed
243in chapter 2003-420, Laws of Florida.
244     Section 9.  The sum of $250 million shall be appropriated
245from the General Revenue Fund, provided such appropriation is
246included in the General Appropriations Act for fiscal year 2005-
2472006, and deposited into the Cancer Research and Treatment Trust
248Fund created in s. 381.926, Florida Statutes, to further carry
249out the intent of this act. Unless specified in another
250enactment, the funds contemplated in this section shall be
251derived from the nonrecurring General Revenue funds available
252for appropriation for fiscal year 2005-2006.
253     Section 10.  This act shall take effect July 1, 2005.


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