Senate Bill sb2378

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    Florida Senate - 2005                                  SB 2378

    By Senators Fasano, Smith and King





    11-1511-05                                         See HB 1233

  1                      A bill to be entitled

  2         An act relating to cancer research and

  3         treatment; providing a short title; providing

  4         legislative intent; amending s. 210.01, F.S.;

  5         providing a definition; amending s. 210.20,

  6         F.S.; deleting an obsolete provision directing

  7         deposit and payment of cigarette tax funds;

  8         providing for the deposit of a portion of

  9         cigarette tax funds into the Cancer Research

10         and Treatment Trust Fund for certain uses by

11         the Florida Cancer Council; specifying such

12         uses; specifying a minimum appropriation;

13         creating s. 212.202, F.S.; requiring the

14         council to use cigarette tax collection

15         distributions for certain purposes; requiring

16         Governor and Cabinet approval for capital

17         construction projects; amending s. 381.921,

18         F.S.; authorizing the council to award grants;

19         providing preference criteria; creating ss.

20         381.922, 381.923, 381.924, and 381.925, F.S.;

21         specifying allocations of certain funds in the

22         Cancer Research and Treatment Trust Fund;

23         requiring Governor and Cabinet approval for

24         capital construction projects; requiring

25         executed contracts for council grants;

26         providing contract requirements; requiring an

27         extraordinary vote for contract amendment

28         approval; requiring the council to work with

29         the Office of Tourism, Trade, and Economic

30         Development to determine economic benefits of

31         grants; requiring a report; specifying report

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1         requirements; specifying a time period for

 2         council award of grants; providing for

 3         reversion of undisbursed funds; requiring the

 4         Office of Program Policy and Government

 5         Accountability to conduct certain reviews and

 6         report to the Legislature; providing an

 7         appropriation; providing an effective date.

 8  

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

10  

11         Section 1.  This act may be cited as the "Florida

12  Cancer Research and Treatment Act."

13         Section 2.  It is the intent of the Legislature to

14  dramatically reduce this state's inordinately high cancer

15  burden, reducing both cancer incidence and mortality, while

16  advancing scientific endeavors in this state, making this

17  state a world-class leader in cancer research and treatment.

18  It is also the intent of the Legislature to make this state's

19  cancer research institutions and facilities more competitive

20  in the pursuit of cancer research grant funding from the

21  National Institutes of Health's National Cancer Institute and

22  other sources, with a goal of increasing the allocation of

23  federal cancer research grants to grantees in this state from

24  the current level of $38 million per annum to $200 million per

25  annum by 2010. Additionally, it is the intent of the

26  Legislature to spawn dramatic economic development,

27  particularly in the biotech industry, through investment in

28  this state's cancer research and treatment infrastructure.

29         Section 3.  Subsections (11) through (18) of section

30  210.01, Florida Statutes, are renumbered as subsections (12)

31  

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  through (19), respectively, and new subsection (11) is added

 2  to that section, to read:

 3         210.01  Definitions.--When used in this part the

 4  following words shall have the meaning herein indicated:

 5         (11)  "Council" means the Florida Cancer Council, under

 6  the Department of Health, as established in s. 381.92.

 7         Section 4.  Subsection (2) of section 210.20, Florida

 8  Statutes, is amended to read:

 9         210.20  Employees and assistants; distribution of

10  funds.--

11         (2)  As collections are received by the division from

12  such cigarette taxes, it shall pay the same into a trust fund

13  in the State Treasury designated "Cigarette Tax Collection

14  Trust Fund" which shall be paid and distributed as follows:

15         (a)  The division shall from month to month certify to

16  the Chief Financial Officer the amount derived from the

17  cigarette tax imposed by s. 210.02, less the service charges

18  provided for in s. 215.20 and less 0.9 percent of the amount

19  derived from the cigarette tax imposed by s. 210.02, which

20  shall be deposited into the Alcoholic Beverage and Tobacco

21  Trust Fund, specifying the amounts to be transferred from the

22  Cigarette Tax Collection Trust Fund and credited on the basis

23  of 2.9 percent of the net collections to the Revenue Sharing

24  Trust Fund for Counties and 29.3 percent of the net

25  collections for the funding of indigent health care to the

26  Public Medical Assistance Trust Fund.

27         (b)1.  Beginning January 1, 1999, and continuing for 10

28  years thereafter, the division shall from month to month

29  certify to the Chief Financial Officer the amount derived from

30  the cigarette tax imposed by s. 210.02, less the service

31  charges provided for in s. 215.20 and less 0.9 percent of the

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  amount derived from the cigarette tax imposed by s. 210.02,

 2  which shall be deposited into the Alcoholic Beverage and

 3  Tobacco Trust Fund, specifying an amount equal to 2.59 percent

 4  of the net collections, and that amount shall be paid to the

 5  Board of Directors of the H. Lee Moffitt Cancer Center and

 6  Research Institute, established under s. 1004.43, by warrant

 7  drawn by the Chief Financial Officer upon the State Treasury.

 8  These funds, which are separate and distinct from the funds

 9  earmarked for the council in paragraph (c), are hereby

10  appropriated monthly out of the Cigarette Tax Collection Trust

11  Fund, to be used for the purpose of constructing, furnishing,

12  and equipping a cancer research facility at the University of

13  South Florida adjacent to the H. Lee Moffitt Cancer Center and

14  Research Institute. In fiscal years 1999-2000 and thereafter

15  with the exception of fiscal year 2008-2009, the appropriation

16  to the H. Lee Moffitt Cancer Center and Research Institute

17  authorized by this subparagraph shall not be less than the

18  amount that would have been paid to the H. Lee Moffitt Cancer

19  Center and Research Institute for fiscal year 1998-1999 had

20  payments been made for the entire fiscal year rather than for

21  a 6-month period thereof.

22         2.  Beginning July 1, 2002, and continuing through June

23  30, 2004, the division shall, in addition to the distribution

24  authorized in subparagraph 1., from month to month certify to

25  the Chief Financial Officer the amount derived from the

26  cigarette tax imposed by s. 210.02, less the service charges

27  provided for in s. 215.20 and less 0.9 percent of the amount

28  derived from the cigarette tax imposed by s. 210.02, which

29  shall be deposited into the Alcoholic Beverage and Tobacco

30  Trust Fund, specifying an amount equal to 0.2632 percent of

31  the net collections, and that amount shall be paid to the

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  Board of Directors of the H. Lee Moffitt Cancer Center and

 2  Research Institute, established under s. 1004.43, by warrant

 3  drawn by the Chief Financial Officer. Beginning July 1, 2004,

 4  and continuing through June 30, 2016, the division shall, in

 5  addition to the distribution authorized in subparagraph 1.,

 6  from month to month certify to the Chief Financial Officer the

 7  amount derived from the cigarette tax imposed by s. 210.02,

 8  less the service charges provided for in s. 215.20 and less

 9  0.9 percent of the amount derived from the cigarette tax

10  imposed by s. 210.02, which shall be deposited into the

11  Alcoholic Beverage and Tobacco Trust Fund, specifying an

12  amount equal to 1.47 percent of the net collections, and that

13  amount shall be paid to the Board of Directors of the H. Lee

14  Moffitt Cancer Center and Research Institute, established

15  under s. 1004.43, by warrant drawn by the Chief Financial

16  Officer. These funds are appropriated monthly out of the

17  Cigarette Tax Collection Trust Fund, to be used for the

18  purpose of constructing, furnishing, and equipping a cancer

19  research facility at the University of South Florida adjacent

20  to the H. Lee Moffitt Cancer Center and Research Institute. In

21  fiscal years 2004-2005 and thereafter, the appropriation to

22  the H. Lee Moffitt Cancer Center and Research Institute

23  authorized by this subparagraph shall not be less than the

24  amount that would have been paid to the H. Lee Moffitt Cancer

25  Center and Research Institute in fiscal year 2001-2002, had

26  this subparagraph been in effect.

27         (c)  Beginning July 1, 2005, and continuing for 5 years

28  thereafter, the division shall from month to month certify to

29  the Chief Financial Officer the amount derived from the

30  cigarette tax imposed by s. 210.02, less the service charges

31  provided for in s. 215.20 and less 0.9 percent of the amount

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  derived from the cigarette tax imposed by s. 210.02, which

 2  shall be deposited into the Alcoholic Beverage and Tobacco

 3  Trust Fund, specifying an amount equal to 12.9528 percent of

 4  the net collections, and that amount shall be deposited into

 5  the Cancer Research and Treatment Trust Fund created in s.

 6  381.926 for the use of the Florida Cancer Council established

 7  under s. 381.92, by warrant drawn by the Chief Financial

 8  Officer upon the State Treasury. These funds are hereby

 9  appropriated monthly out of the Cigarette Tax Collection Trust

10  Fund, to be used for the purposes prescribed in s. 381.921 as

11  they relate to:

12         1.  Attracting, recruiting, and employing experts in

13  the field of cancer research, with emphasis given to those

14  cancer researchers that will generate increased federal cancer

15  research dollars directed to institutions in the state.

16         2.  Providing operational start-up support, including

17  appropriate equipment as determined by the council, for

18  individual cancer researchers or teams of cancer researchers

19  attracted to the state pursuant to subparagraph 1.

20         3.  Capital expenditures as they relate to the purposes

21  prescribed in s. 381.921, subject to approval by the Governor

22  and Cabinet.

23         (d)  In fiscal years 2005-2006 through 2009-2010, the

24  appropriation to the Florida Cancer Council authorized by

25  paragraph (c) shall not be less than the amount that would

26  have been distributed to the Florida Cancer Council in fiscal

27  year 2004-2005 had the provisions of paragraph (c) been in

28  effect.

29         Section 5.  Section 210.202, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1         210.202  Florida Cancer Council; expenditure of

 2  cigarette tax proceeds.--The Florida Cancer Council

 3  established in s. 381.92 shall use the cigarette tax

 4  collections distributed to the council pursuant to s.

 5  210.20(2)(c) for the purposes enumerated in s. 381.921. Any

 6  capital construction projects granted by the council pursuant

 7  to s. 210.20(2)(c)3. shall require the approval of the

 8  Governor and Cabinet.

 9         Section 6.  Section 381.921, Florida Statutes, is

10  amended to read:

11         381.921  Florida Cancer Council mission and

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

13  Florida Center for Universal Research to Eradicate Disease to

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

15  endeavor to dramatically improve cancer research and treatment

16  in this state through:

17         (1)  Efforts to significantly expand cancer research

18  capacity in the state by:

19         (a)  Identifying ways to attract new research talent

20  and attendant national grant-producing researchers to

21  Florida-based cancer research facilities in this state;

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

23  to identify and fund the best proposals to expand cancer

24  research institutes in this state;

25         (c)  Funding through available resources for those

26  proposals that demonstrate the greatest opportunity to attract

27  federal research grants and private financial support;

28         (d)  Encouraging the employment of bioinformatics in

29  order to create a cancer informatics infrastructure that

30  enhances information and resource exchange and integration

31  

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  through researchers working in diverse disciplines, to

 2  facilitate the full spectrum of cancer investigations;

 3         (e)  Facilitating the technical coordination, business

 4  development, and support of intellectual property as it

 5  relates to the advancement of cancer research; and

 6         (f)  Aiding in other multidisciplinary research-support

 7  activities as they inure to the advancement of cancer

 8  research.

 9         (2)  Efforts to improve both research and treatment

10  through greater participation in clinical trials networks by:

11         (a)  Identifying ways to increase adult enrollment in

12  cancer clinical trials;

13         (b)  Supporting public and private professional

14  education programs designed to increase the awareness and

15  knowledge about cancer clinical trials;

16         (c)  Providing tools to cancer patients and

17  community-based oncologists to aid in the identification of

18  cancer clinical trials available in the state; and

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

20  cancer centers to collaborate with community-based oncologists

21  in cancer clinical trials networks.

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

23  disparate groups by:

24         (a)  Identifying those cancers that disproportionately

25  impact certain demographic groups; and

26         (b)  Building collaborations designed to reduce health

27  disparities as they relate to cancer.

28  

29  The council may award grants, using a peer-reviewed

30  competitive process, from the funds generated pursuant to s.

31  210.20(2)(c)3. or funds allocated from other sources to

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  execute the purposes set forth in this section. The council,

 2  where possible, shall give preference to proposals that

 3  promote collaborative efforts between institutions in this

 4  state and facilities to advance cancer research, as well as

 5  the detection and treatment of cancer.

 6         Section 7.  Section 381.922, Florida Statutes, is

 7  created to read:

 8         381.922  Florida Cancer Council grants; apportionment

 9  of allocated funds.--

10         (1)  From the funds deposited into the Cancer Research

11  and Treatment Trust Fund created in s. 381.926 for the

12  purposes prescribed in s. 381.921, the following allocations

13  shall apply:

14         (a)  Up to 40 percent of available proceeds may be used

15  for grants related to attracting, recruiting, and employing

16  experts in the field of cancer research, with emphasis given

17  to those researchers that will generate increased federal

18  research dollars directed to institutions in this state.

19         (b)  Up to 40 percent of available proceeds may be used

20  for grants related to the provision of operational start-up

21  support to institutions in this state and facilities for those

22  researchers or teams of researchers recruited to the state

23  pursuant to paragraph (a), including appropriate equipment as

24  determined by the council.

25         (c)  Up to 20 percent of available proceeds may be used

26  for grants related to capital projects.

27         (2)  Any capital construction projects granted by the

28  council pursuant to paragraph (1)(c) shall require the

29  approval of the Governor and Cabinet.

30         Section 8.  Section 381.923, Florida Statutes, is

31  created to read:

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1         381.923  Florida Cancer Council grant contracts;

 2  required provisions.--

 3         (1)  Each grant issued by the council shall require the

 4  execution of a contract with, at a minimum, provisions:

 5         (a)  Specifying the procedures and schedules that

 6  govern the disbursement of funds under the grant.

 7         (b)  Specifying the conditions or deliverables that the

 8  grantee or grantees must satisfy before the release of any

 9  disbursement.

10         (c)  Governing the ownership of, or security interests

11  in, real property and personal property, including, but not

12  limited to, research equipment obtained for private

13  institutions through state resources, including a provision

14  that if the grant contract is breached, or if a private sector

15  grantee ceases operations in this state, such property

16  purchased with state funds shall revert to the state.

17         (d)  Requiring the grantee to be an equal opportunity

18  employer.

19         (e)  Requiring the grantee to submit data quarterly to

20  the council on the activities and performance of the grantee

21  in executing the intent of the grant, including an accounting

22  of the funds disbursed under the grant, the number and nature

23  of the jobs created as a result of the grant activity, and the

24  average wages related thereto.

25         (f)  Establishing that the council shall review the

26  activities of the grantee to assess the grantee's financial

27  and operational compliance with the provisions of the contract

28  and with relevant provisions of law.

29         (g)  Authorizing the grantee, when feasible, to use

30  information submitted by the grantee to the National

31  Institutes of Health's National Cancer Institute or to other

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  organizations awarding research grants to the grantee to help

 2  meet reporting requirements under this section or the

 3  contract, if the information satisfies the reporting standards

 4  of this section and the contract.

 5         (h)  Requiring the grantee to allow the council to

 6  retain an independent certified accountant licensed in this

 7  state pursuant to chapter 473, to inspect the records of the

 8  grantee in order to audit the expenditure of funds granted to

 9  the grantee. The independent certified accountant may not

10  disclose any confidential or proprietary scientific

11  information of the grantee.

12         (i)  Requiring the grantee to maintain liability

13  insurance and governing the coverage level of such insurance.

14         (2)  An amendment to a contract executed under this

15  section requires an affirmative vote by at least two-thirds of

16  the council.

17         Section 9.  Section 381.924, Florida Statutes, is

18  created to read:

19         381.924  Florida Cancer Council; reporting on

20  performance expectations.--The council shall work with the

21  Office of Tourism, Trade, and Economic Development to

22  ascertain the economic benefits accruing to the state as a

23  result of funds being appropriated to the council for

24  disbursement of grants to carry out the intent prescribed in

25  s. 381.921. The council shall report to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives in its annual report due by December 15

28  performance results, at a minimum, addressing:

29         (1)  The number and dollar value of cancer research

30  grants obtained by institutions in the state from the National

31  Institutes of Health's National Cancer Institute or sources

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  other than this state, as well as overall cancer research

 2  funding in this state.

 3         (2)  The percentage of total cancer research dollars

 4  received by grantees from sources other than this state which

 5  is used to conduct cancer research activities by the grantee

 6  in this state.

 7         (3)  The number or value of any patent or licensing

 8  agreements, arising from cancer research grants disbursed by

 9  the council, executed by the council's grantees.

10         (4)  The extent to which cancer research conducted by

11  the council's grantees results in commercial applications.

12         (5)  The extent to which grants disbursed by the

13  council enhance participation in cancer clinical trials, and

14  the reportable results related to such trials.

15         (6)  The number and nature of collaborations on cancer

16  research between institutions in this state, as well as

17  partnerships with out-of-state institutions engaged in cancer

18  research.

19         (7)  The number and nature of collaborative

20  partnerships of council grantees with businesses in this

21  state.

22         (8)  The number or value of businesses created as a

23  result of this state's investment in an enhanced cancer

24  research and treatment infrastructure, including the number

25  and nature of jobs created as result of council grants, as

26  well as data on the average salary per created job.

27         Section 10.  Section 381.925, Florida Statutes, is

28  created to read:

29         381.925  Florida Cancer Council grant

30  disbursements.--The council shall award grants over a period

31  of 5 fiscal years, beginning July 1, 2005. The council shall

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  complete disbursement of the total amount of grant funds

 2  appropriated by the Legislature no later than June 30, 2010,

 3  unless grantees fail to satisfy the prescribed terms and

 4  conditions of contracts. Any funds that are not disbursed by

 5  June 30, 2010, shall revert to the Cancer Research and

 6  Treatment Trust Fund created in s. 381.926.

 7         Section 11.  The Office of Program Policy Analysis and

 8  Government Accountability shall conduct a review of the status

 9  of cancer research and participation in cancer clinical trials

10  in the state to establish baseline measures for the Florida

11  Cancer Council's reporting requirements prescribed in section

12  381.924, Florida Statutes, and shall report its findings to

13  the President of the Senate and the Speaker of the House of

14  Representatives by November 1, 2005. The office shall review

15  the progress of the council in carrying out its mission and

16  duties prescribed in section 381.921, Florida Statutes, and

17  shall report to the President of the Senate and the Speaker of

18  the House of Representatives by January 1, 2007. Subsequent

19  reviews shall be due to the President of the Senate and the

20  Speaker of the House of Representatives by January 1, 2010,

21  and January 1, 2012. The initial two reviews under this

22  section may be done in conjunction with the legislatively

23  mandated reviews prescribed in chapter 2003-420, Laws of

24  Florida.

25         Section 12.  In addition to the revenues from section

26  210.20, Florida Statutes, dedicated from fiscal years

27  2005-2006 through 2009-2010 for investment in the purposes

28  prescribed in section 381.921, Florida Statutes, the sum of

29  $250 million shall be appropriated from the General Revenue

30  Fund, provided such appropriation is included in the General

31  Appropriations Act for fiscal year 2005-2006, and deposited

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    Florida Senate - 2005                                  SB 2378
    11-1511-05                                         See HB 1233




 1  into the Cancer Research and Treatment Trust Fund created in

 2  section 381.926, Florida Statutes, to further carry out the

 3  intent of this act. Unless specified in another enactment, the

 4  funds contemplated in this section shall be derived from the

 5  nonrecurring General Revenue funds available for appropriation

 6  for fiscal year 2005-2006.

 7         Section 13.  This act shall take effect July 1, 2005.

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