Senate Bill sb1872e2

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  1                      A bill to be entitled

  2         An act relating to biomedical research;

  3         providing legislative intent; amending s.

  4         561.121, F.S.; redistributing certain funds

  5         collected from taxes on alcoholic beverages;

  6         amending s. 381.855, F.S.; revising the purpose

  7         of the Florida Center for Universal Research to

  8         Eradicate Disease; requiring the center to

  9         provide grants for cancer research and

10         Alzheimer's disease research; revising

11         membership of the center's advisory council;

12         providing procedures for the awarding of grants

13         for cancer research; amending s. 381.921, F.S.;

14         revising a goal of the Florida Cancer Council;

15         providing appropriations; amending s. 215.5602,

16         F.S.; requiring the Legislature to annually

17         appropriate funds to the James and Esther King

18         Biomedical Research Program; amending s.

19         1004.445, F.S.; requiring the Legislature to

20         annually appropriate funds to support research

21         to the Johnnie B. Byrd, Sr., Alzheimer's Center

22         and Research Institute; amending s. 430.502,

23         F.S.; creating a memory disorder clinic at

24         Florida Atlantic University, Boca Raton, in

25         Palm Beach County; providing an effective date.

26  

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

28  

29         Section 1.  It is the intent of the Legislature to

30  provide increased funding to support grants for biomedical

31  research in this state with the anticipation that sustained


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 1  funding for biomedical research over a period of years will

 2  lead to an alleviation of human suffering from diseases such

 3  as cancer and Alzheimer's disease. It is the intent of the

 4  Legislature to dramatically reduce this state's inordinately

 5  high cancer burden, reducing both cancer incidence and

 6  mortality, while advancing scientific endeavors in this state,

 7  making this state a world-class leader in cancer research and

 8  treatment. Further, it is the intent of the Legislature to

 9  support Alzheimer's disease research statewide through the

10  awarding of research grants on a competitive basis.

11  Additionally, it is the intent of the Legislature to stimulate

12  dramatic economic development, particularly in the biotech

13  industry, through investment in this state's biomedical

14  research.

15         Section 2.  Subsection (1) of section 561.121, Florida

16  Statutes, is amended to read:

17         561.121  Deposit of revenue.--

18         (1)  All state funds collected pursuant to ss. 563.05,

19  564.06, and 565.12 shall be paid into the State Treasury and

20  disbursed in the following manner:

21         (a)1.  Two percent of monthly collections of the excise

22  taxes on alcoholic beverages established in ss. 563.05,

23  564.06, and 565.12 shall be deposited into the Alcoholic

24  Beverage and Tobacco Trust Fund to meet the division's

25  appropriation for the state fiscal year.

26         2.  Beginning July 1, 2004, there is annually

27  distributed $15 million to the Grants and Donations Trust Fund

28  within the Department of Elderly Affairs, and these funds are

29  annually appropriated to support a contract with the Johnnie

30  B. Byrd, Sr., Alzheimer's Center and Research Institute at the

31  University of South Florida for the purposes of conducting


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 1  research, developing and operating integrated data projects,

 2  and providing assistance to memory disorder clinics as

 3  established in s. 430.502.

 4         3.  Beginning July 1, 2004, there is annually

 5  distributed $6 million to the Biomedical Research Trust Fund

 6  within the Department of Health, and these funds are annually

 7  appropriated to the James and Esther King Biomedical Research

 8  Program. From these funds, up to $250,000 shall be available

 9  annually for the operating costs of the Florida Center for

10  Universal Research to Eradicate Disease.

11         4.  Beginning July 1, 2004, there is annually

12  distributed $9 million to be paid by warrant drawn by the

13  Chief Financial Officer upon the State Treasury to Florida

14  State University for the School of Chiropractic Medicine.

15  Notwithstanding the provisions of chapter 216, until the

16  School of Chiropractic Medicine is completely staffed and

17  fully operational, these funds may be used for any purpose by

18  the university.

19         (b)  The remainder of collection shall be credited to

20  the General Revenue Fund.

21         Section 3.  Section 381.855, Florida Statutes, is

22  amended to read:

23         381.855  Florida Center for Universal Research to

24  Eradicate Disease.--

25         (1)  The Legislature finds that an estimated 128

26  million Americans suffer from acute, chronic, and degenerative

27  diseases and that biomedical research is the key to finding

28  cures for these diseases that negatively affect all

29  Floridians. The Legislature further finds that, while there is

30  much research being conducted throughout this state and

31  throughout the world, there is a lack of coordination of


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 1  efforts among researchers. The Legislature, therefore, finds

 2  that there is a significant need for a coordinated effort if

 3  the goal of curing disease is to be achieved. Moreover, the

 4  Legislature finds that the biomedical technology sector meets

 5  the criteria of a high-impact sector, pursuant to s. 288.108,

 6  having a high importance to this state's economy with a

 7  significant potential for growth and contribution to our

 8  universities and quality of life.

 9         (2)  It is the intent of the Legislature that Florida

10  strive to become the nation's leader in biomedical research

11  and commit itself to being the state to find cures for the

12  most deadly and widespread diseases. It is further the intent

13  of the Legislature that there be a coordinated effort among

14  the state's public and private universities and the biomedical

15  industry to discover such cures. Moreover, it is the intent of

16  the Legislature to expand the state economy by attracting

17  biomedical researchers and research companies to this state.

18         (3)  There is established within the Department of

19  Health the Florida Center for Universal Research to Eradicate

20  Disease, which shall be known as "CURED."

21         (a)  The purpose of the center is to coordinate,

22  improve, expand, and monitor all biomedical research programs

23  within the state, provide grants for cancer research and

24  Alzheimer's disease research, facilitate funding

25  opportunities, and foster improved technology transfer of

26  research findings into clinical trials and widespread public

27  use.

28         (b)  The goal of the center is to find cures for

29  diseases such as cancer, heart disease, lung disease,

30  diabetes, autoimmune disorders, and neurological disorders,

31  


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 1  including Alzheimer's disease, epilepsy, and Parkinson's

 2  disease.

 3         (c)  The center shall hold an annual biomedical

 4  technology summit in Florida to which biomedical researchers,

 5  biomedical technology companies, business incubators,

 6  pharmaceutical manufacturers, and others around the nation and

 7  world are invited to share biomedical research findings in

 8  order to expedite the discovery of cures. Summit attendees

 9  shall cover the costs of such attendance or obtain sponsorship

10  for such attendance.

11         (d)  The center shall encourage clinical trials in this

12  state on research that holds promise of curing a disease or

13  condition. The center shall facilitate partnerships between

14  researchers, treating physicians, and community hospitals for

15  the purpose of sharing new techniques and new research

16  findings, as well as coordinating voluntary donations to

17  ensure an adequate supply of adult stem cells, placentas, or

18  cord blood.

19         (e)  The center shall facilitate the formation of

20  partnerships between researchers in this state and

21  institutions in other states and countries where research with

22  rare plants or animals could lead to cures.

23         (f)  The center shall encourage agricultural colleges

24  and agricultural businesses in this state to be active in the

25  search for cures and in providing information to the public

26  about disease prevention.

27         (g)  The center shall facilitate partnerships among

28  researchers working to cure all types of diseases, including

29  those that are prevalent in developed countries and those that

30  occur mainly in developing countries.

31  


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 1         (h)  The center shall also encourage the discovery and

 2  production in Florida of vaccines that prevent disease.

 3         (i)  The center shall monitor the supply and demand

 4  needs of researchers relating to stem cell research and other

 5  types of human tissue research. If the center determines that

 6  there is a need for increased donation of human tissue, it

 7  shall notify hospitals licensed pursuant to chapter 395 which

 8  have entered into partnership agreements with research

 9  institutes conducting stem cell research located in the same

10  geographic region as the researchers demanding the stem cells

11  or other tissues. Such hospitals shall implement programs that

12  encourage voluntary donations of cord blood or other needed

13  adult tissue.

14         (j)  The center shall be funded through private, state,

15  and federal sources.

16         (k)  The center shall serve as a registry of all known

17  opportunities for biomedical grants and may assist any public

18  or private biomedical research program in this state in

19  preparing grant requests.

20         (l)  The center shall provide grants for cancer

21  research and Alzheimer's disease research to further the

22  search for cures for those diseases.

23         (m)(l)  The center shall maintain a website with links

24  to peer-reviewed biomedical research. The website shall also

25  contain a list of all known biomedical research being

26  conducted in Florida and shall facilitate communication among

27  researchers and other interested parties.

28         (n)(m)  The center shall submit an annual report to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives no later than January 15 which

31  contains recommendations for legislative change necessary to


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 1  foster a positive climate for biomedical research in this

 2  state.

 3         (4)  The Department of Health may outsource the duties

 4  of the center to a private entity or state university.

 5         (5)  There is established within the center an advisory

 6  council that shall meet at least annually.

 7         (a)  The council shall consist of the members of the

 8  board of directors of the Florida Research Consortium and at

 9  least one representative from:

10         1.  The Emerging Technology Commission.

11         2.  Enterprise Florida, Inc.

12         3.  BioFlorida.

13         4.  The Biomedical Research Advisory Council.

14         5.  The Florida Medical Foundation.

15         6.  Pharmaceutical Research and Manufacturers of

16  America.

17         7.  The Florida Tri-Agency Coalition on Smoking OR

18  Health.

19         8.  The Florida Cancer Council.

20         9.  The American Cancer Society, Florida Division, Inc.

21         10.  The American Heart Association.

22         11.  The American Lung Association of Florida.

23         12.  The American Diabetes Association, South Coastal

24  Region.

25         13.  The Alzheimer's Association.

26         14.  The Epilepsy Foundation.

27         15.  The National Parkinson Foundation.

28         16.  The Florida Public Health Foundation, Inc.

29         17.  Scripps Florida or the entity formed in this state

30  by The Scripps Research Institute.

31         17.  The Florida Research Consortium.


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 1         18.  A Florida not-for-profit institution engaged in

 2  basic and clinical biomedical research and education that

 3  receives more than $10 million in annual grant funding from

 4  the National Institutes of Health. This position is for a

 5  4-year term. Consecutive terms may not be held by the same

 6  institution.

 7         (b)  Members of the council shall serve without

 8  compensation, and each organization represented shall cover

 9  all expenses of its representative.

10         (6)(a)  Applications for cancer research funding may be

11  submitted from any university or established research

12  institute in the state. All qualified investigators in the

13  state, regardless of institution affiliation, shall have equal

14  access and opportunity to compete for the research funding.

15  Grants shall be awarded by the Secretary of Health, after

16  consultation with the council, on the basis of scientific

17  merit, as determined by an open, competitive peer review

18  process that ensures objectivity, consistency, and high

19  quality. The following types of applications shall be

20  considered for funding:

21         1.  Investigator-initiated research grants.

22         2.  Institutional research grants.

23         (b)  To ensure that all proposals for research funding

24  are appropriate and are evaluated fairly on the basis of

25  scientific merit, the Secretary of Health, in consultation

26  with the council, shall appoint a peer review panel of

27  independent, scientifically qualified individuals to review

28  the scientific content of each proposal and establish its

29  scientific priority score. The priority scores shall be

30  forwarded to the council and must be considered in determining

31  which proposals shall be recommended for funding.


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 1         (c)  The council and the peer review panel shall

 2  establish and follow rigorous guidelines for ethical conduct

 3  and adhere to a strict policy with regard to conflict of

 4  interest. A member of the council or panel may not participate

 5  in any discussion or decision with respect to a research

 6  proposal by any firm, entity, or agency with which the member

 7  is associated as a member of the governing body or as an

 8  employee, or with which the member has entered into a

 9  contractual arrangement. Meetings of the council and the peer

10  review panels are subject to chapter 119, s. 286.011, and s.

11  24, Art. I of the State Constitution.

12         (7)  The Legislature shall annually appropriate funds

13  for research grants and for operating costs to the Florida

14  Center for Universal Research to Eradicate Disease in the

15  General Appropriations Act.

16         Section 4.  Section 381.921, Florida Statutes, is

17  amended to read:

18         381.921  Florida Cancer Council mission and

19  duties.--The council, which shall work in concert with the

20  Florida Center for Universal Research to Eradicate Disease to

21  ensure that the goals of the center are advanced, shall

22  endeavor to dramatically improve cancer research and treatment

23  in this state through:

24         (1)  Efforts to significantly expand cancer research

25  capacity in the state by:

26         (a)  Identifying ways to attract new research talent

27  and attendant national grant-producing researchers to

28  Florida-based cancer research facilities in this state;

29         (b)  Implementing a peer-reviewed, competitive process

30  to identify and fund the best proposals to expand cancer

31  research institutes in this state;


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 1         (c)  Funding through available resources for those

 2  proposals that demonstrate the greatest opportunity to attract

 3  federal research grants and private financial support;

 4         (d)  Encouraging the employment of bioinformatics in

 5  order to create a cancer informatics infrastructure that

 6  enhances information and resource exchange and integration

 7  through researchers working in diverse disciplines, to

 8  facilitate the full spectrum of cancer investigations;

 9         (e)  Facilitating the technical coordination, business

10  development, and support of intellectual property as it

11  relates to the advancement of cancer research; and

12         (f)  Aiding in other multidisciplinary research-support

13  activities as they inure to the advancement of cancer

14  research.

15         (2)  Efforts to improve both research and treatment

16  through greater participation in clinical trials networks by:

17         (a)  Identifying ways to increase adult enrollment in

18  cancer clinical trials;

19         (b)  Supporting public and private professional

20  education programs designed to increase the awareness and

21  knowledge about cancer clinical trials;

22         (c)  Providing tools to cancer patients and

23  community-based oncologists to aid in the identification of

24  cancer clinical trials available in the state; and

25         (d)  Creating opportunities for the state's academic

26  cancer centers to collaborate with community-based oncologists

27  in cancer clinical trials networks.

28         (3)  Efforts to reduce the impact of cancer on

29  disparate groups by:

30         (a)  Identifying those cancers that disproportionately

31  impact certain demographic groups; and


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 1         (b)  Building collaborations designed to reduce health

 2  disparities as they relate to cancer.

 3         Section 5.  The following appropriations are made for

 4  the 2005-2006 fiscal year:

 5         (1)  To the Florida Center for Universal Research to

 6  Eradicate Disease within the Department of Health, $9 million

 7  from the General Revenue Fund to be distributed pursuant to

 8  law to provide grants to researchers seeking cures for cancer,

 9  with emphasis given to the goals enumerated in section

10  381.921, Florida Statutes, as those goals inure to the

11  advancement of such cures.

12         (2)  To the Johnnie B. Byrd, Sr., Alzheimer's Center

13  and Research Institute at the University of South Florida, $15

14  million from the General Revenue Fund for the purposes of

15  conducting research, developing and operating integrated data

16  projects, and providing assistance to memory disorder clinics

17  as established under section 430.502, Florida Statutes.

18         (3)  To the Department of Health Biomedical Research

19  Trust Fund, $6 million from the General Revenue Fund.

20         (4)  To the James and Esther King Biomedical Research

21  Program, $6 million from the Biomedical Research Trust Fund

22  for the purposes of section 215.5602, Florida Statutes.

23         Section 6.  Subsection (11) is added to section

24  215.5602, Florida Statutes, to read:

25         215.5602  James and Esther King Biomedical Research

26  Program.--

27         (11)  The Legislature shall annually appropriate funds

28  to the James and Esther King Biomedical Research Program for

29  the purposes of this section in the General Appropriations

30  Act.

31  


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 1         Section 7.  Subsection (11) is added to section

 2  1004.445, Florida Statutes, to read:

 3         1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and

 4  Research Institute.--

 5         (11)  The Legislature shall annually appropriate funds

 6  to support research to the Johnnie B. Byrd, Sr., Alzheimer's

 7  Center and Research Institute at the University of South

 8  Florida in the General Appropriations Act.

 9         Section 8.  Subsection (1) of section 430.502, Florida

10  Statutes, is amended to read:

11         430.502  Alzheimer's disease; memory disorder clinics

12  and day care and respite care programs.--

13         (1)  There is established:

14         (a)  A memory disorder clinic at each of the three

15  medical schools in this state;

16         (b)  A memory disorder clinic at a major private

17  nonprofit research-oriented teaching hospital, and may fund a

18  memory disorder clinic at any of the other affiliated teaching

19  hospitals;

20         (c)  A memory disorder clinic at the Mayo Clinic in

21  Jacksonville;

22         (d)  A memory disorder clinic at the West Florida

23  Regional Medical Center;

24         (e)  The East Central Florida Memory Disorder Clinic at

25  the Joint Center for Advanced Therapeutics and Biomedical

26  Research of the Florida Institute of Technology and Holmes

27  Regional Medical Center, Inc.;

28         (f)  A memory disorder clinic at the Orlando Regional

29  Healthcare System, Inc.;

30         (g)  A memory disorder center located in a public

31  hospital that is operated by an independent special hospital


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 1  taxing district that governs multiple hospitals and is located

 2  in a county with a population greater than 800,000 persons;

 3         (h)  A memory disorder clinic at St. Mary's Medical

 4  Center in Palm Beach County;

 5         (i)  A memory disorder clinic at Tallahassee Memorial

 6  Healthcare;

 7         (j)  A memory disorder clinic at Lee Memorial Hospital

 8  created by chapter 63-1552, Laws of Florida, as amended;

 9         (k)  A memory disorder clinic at Sarasota Memorial

10  Hospital in Sarasota County; and

11         (l)  A memory disorder clinic at Morton Plant Hospital,

12  Clearwater, in Pinellas County; and,

13         (m)  A memory disorder clinic at Florida Atlantic

14  University, Boca Raton, in Palm Beach County,

15  

16  for the purpose of conducting research and training in a

17  diagnostic and therapeutic setting for persons suffering from

18  Alzheimer's disease and related memory disorders. However,

19  memory disorder clinics funded as of June 30, 1995, shall not

20  receive decreased funding due solely to subsequent additions

21  of memory disorder clinics in this subsection.

22         Section 9.  This act shall take effect July 1, 2005.

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