Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 1027, 1st Eng.
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CHAMBER ACTION
Senate House
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11 Senator Saunders moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. It is the intent of the Legislature to
18 provide funding to support grants for biomedical research in
19 this state with the anticipation that sustained funding for
20 biomedical research over a period of years will lead to an
21 alleviation of human suffering from diseases such as cancer
22 and Alzheimer's disease. It is the intent of the Legislature
23 to dramatically reduce this state's inordinately high cancer
24 burden, reducing both cancer incidence and mortality, while
25 advancing scientific endeavors in this state, making this
26 state a world-class leader in cancer research and treatment.
27 Further, it is the intent of the Legislature to address the
28 debilitating and deadly effects of Alzheimer's disease by
29 supporting research in Alzheimer's disease statewide through
30 the awarding of research grants on a competitive basis.
31 Additionally, it is the intent of the Legislature to stimulate
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Florida Senate - 2006 SENATOR AMENDMENT
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1 dramatic economic development, particularly in the
2 biotechnology industry, through investment in this state's
3 biomedical research.
4 Section 2. Paragraph (h) of subsection (1) of section
5 20.435, Florida Statutes, is amended to read:
6 20.435 Department of Health; trust funds.--
7 (1) The following trust funds are hereby created, to
8 be administered by the Department of Health:
9 (h) Biomedical Research Trust Fund.
10 1. Funds to be credited to the trust fund shall
11 consist of funds deposited pursuant to s. 215.5601 and any
12 other funds appropriated by the Legislature. Funds shall be
13 used for the purposes of the James and Esther King Biomedical
14 Research Program and the William G. "Bill" Bankhead, Jr., and
15 David Coley Cancer Research Program as specified in ss.
16 215.5602, and 288.955, and 381.922. The trust fund is exempt
17 from the service charges imposed by s. 215.20.
18 2. Notwithstanding the provisions of s. 216.301 and
19 pursuant to s. 216.351, any balance in the trust fund at the
20 end of any fiscal year shall remain in the trust fund at the
21 end of the year and shall be available for carrying out the
22 purposes of the trust fund. The department may invest these
23 funds independently through the Chief Financial Officer or may
24 negotiate a trust agreement with the State Board of
25 Administration for the investment management of any balance in
26 the trust fund.
27 3. Notwithstanding s. 216.301 and pursuant to s.
28 216.351, any balance of any appropriation from the Biomedical
29 Research Trust Fund which is not disbursed but which is
30 obligated pursuant to contract or committed to be expended may
31 be certified by the Governor for up to 3 years following the
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Bill No. HB 1027, 1st Eng.
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1 effective date of the original appropriation.
2 4. The trust fund shall, unless terminated sooner, be
3 terminated on July 1, 2008.
4 Section 3. Subsection (3) of section 215.5602, Florida
5 Statutes, is amended, and subsections (11) through (14) are
6 added to that section, to read:
7 215.5602 James and Esther King Biomedical Research
8 Program.--
9 (3) There is created within the Department of Health
10 the Biomedical Research Advisory Council.
11 (a) The council shall consist of 11 nine members,
12 including: the chief executive officer of the Florida Division
13 of the American Cancer Society, or a designee; the chief
14 executive officer of the Florida/Puerto Rico Affiliate of the
15 American Heart Association, or a designee; and the chief
16 executive officer of the American Lung Association of Florida,
17 or a designee. The Governor shall appoint the remaining eight
18 six members of the council shall be appointed, as follows:
19 1. The Governor shall appoint four members, two
20 members with expertise in the field of biomedical research,
21 one member from a research university in the state, and one
22 member representing the general population of the state.
23 2. The President of the Senate shall appoint two
24 members, one member with expertise in the field of behavioral
25 or social research and one representative from a cancer
26 program approved by the American College of Surgeons.
27 3. The Speaker of the House of Representatives shall
28 appoint two members, one member from a professional medical
29 organization and one representative from a cancer program
30 approved by the American College of Surgeons.
31 4. One member from a research university in the state.
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1 5. One member representing the general population of
2 the state.
3
4 In making these his or her appointments, the Governor, the
5 President of the Senate, and the Speaker of the House of
6 Representatives shall select primarily, but not exclusively,
7 Floridians with biomedical and lay expertise in the general
8 areas of cancer, cardiovascular disease, stroke, and pulmonary
9 disease. The Governor's appointments shall be for a 3-year
10 term and shall reflect the diversity of the state's
11 population. An appointed A council member appointed by the
12 Governor may not serve more than two consecutive terms.
13 (b) The council shall adopt internal organizational
14 procedures as necessary for its efficient organization.
15 (c) The department shall provide such staff,
16 information, and other assistance as is reasonably necessary
17 to assist the council in carrying out its responsibilities.
18 (d) Members of the council shall serve without
19 compensation, but may receive reimbursement as provided in s.
20 112.061 for travel and other necessary expenses incurred in
21 the performance of their official duties.
22 (11) The council shall award grants for cancer
23 research through the William G. "Bill" Bankhead, Jr., and
24 David Coley Cancer Research Program created in s. 381.922.
25 (12) Beginning in fiscal year 2006-2007, the sum of $6
26 million is appropriated annually from recurring funds in the
27 General Revenue Fund to the Biomedical Research Trust Fund
28 within the Department of Health for purposes of the James and
29 Esther King Biomedical Research Program pursuant to this
30 section. From these funds up to $250,000 shall be available
31 for the operating costs of the Florida Center for Universal
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1 Research to Eradicate Disease.
2 (13) By June 1, 2009, the Division of Statutory
3 Revision of the Office of Legislative Services shall certify
4 to the President of the Senate and the Speaker of the House of
5 Representatives the language and statutory citation of this
6 section, which is scheduled to expire January 1, 2011.
7 (14) The Legislature shall review the performance, the
8 outcomes, and the financial management of the James and Esther
9 King Biomedical Research Program during the 2010 Regular
10 Session of the Legislature and shall determine the most
11 appropriate funding source and means of funding the program
12 based on its review.
13 (15) This section expires January 1, 2011, unless
14 reviewed and reenacted by the Legislature before that date.
15 Section 4. All appointments to the Biomedical Research
16 Advisory Council for the James and Esther King Biomedical
17 Research Program that were not made in accordance with s.
18 215.5602, Florida Statutes, as amended by this act, shall
19 expire June 30, 2006, but such appointees may continue to
20 serve until their successors are appointed. This section shall
21 take effect upon this act becoming a law.
22 Section 5. Subsection (5) of section 381.855, Florida
23 Statutes, is amended, and subsections (6) and (7) are added to
24 that section, to read:
25 381.855 Florida Center for Universal Research to
26 Eradicate Disease.--
27 (5) There is established within the center an advisory
28 council that shall meet at least annually.
29 (a) The council shall consist of one representative
30 from a Florida not-for-profit institution engaged in basic and
31 clinical biomedical research and education which receives more
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1 than $10 million in annual grant funding from the National
2 Institutes of Health, to be appointed by the Secretary of
3 Health from a different institution each term, and the members
4 of the board of directors of the Florida Research Consortium
5 and at least one representative from and appointed by each of
6 the following entities:
7 1. The Emerging Technology Commission.
8 1.2. Enterprise Florida, Inc.
9 2.3. BioFlorida.
10 3.4. The Biomedical Research Advisory Council.
11 4.5. The Florida Medical Foundation.
12 5.6. Pharmaceutical Research and Manufacturers of
13 America.
14 7. The Florida Tri-Agency Coalition on Smoking OR
15 Health.
16 6.8. The Florida Cancer Council.
17 7.9. The American Cancer Society, Florida Division,
18 Inc.
19 8.10. The American Heart Association.
20 9.11. The American Lung Association of Florida.
21 10.12. The American Diabetes Association, South
22 Coastal Region.
23 11.13. The Alzheimer's Association.
24 12.14. The Epilepsy Foundation.
25 13.15. The National Parkinson Foundation.
26 14.16. The Florida Public Health Foundation, Inc.
27 15.17. The Florida Research Consortium Scripps Florida
28 or the entity formed in this state by The Scripps Research
29 Institute.
30 (b) Members of the council shall serve without
31 compensation, and each organization represented shall cover
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1 all expenses of its representative.
2 (6) Members shall be appointed to 4-year terms of
3 office. The members of the advisory council shall annually
4 elect a chair from among the members of the advisory council.
5 Any vacancy on the advisory council shall be filled in the
6 same manner as the original appointment.
7 (7) The advisory council shall meet at least annually,
8 but may meet as often as it deems necessary to carry out its
9 duties and responsibilities. The advisory council may take
10 official action by a majority vote of the members present at
11 any meeting at which a quorum is present.
12 Section 6. All appointments to the advisory council
13 for the Florida Center for Universal Research to Eradicate
14 Disease which were not made in accordance with s. 381.855,
15 Florida Statutes, as amended by this act, shall expire June
16 30, 2006, but such appointees may continue to serve until
17 their successors are appointed. This section shall take effect
18 upon this act becoming a law.
19 Section 7. Subsection (1) of section 381.921, Florida
20 Statutes, is amended to read:
21 381.921 Florida Cancer Council mission and
22 duties.--The council, which shall work in concert with the
23 Florida Center for Universal Research to Eradicate Disease to
24 ensure that the goals of the center are advanced, shall
25 endeavor to dramatically improve cancer research and treatment
26 in this state through:
27 (1) Efforts to significantly expand cancer research
28 capacity in the state by:
29 (a) Identifying ways to attract new research talent
30 and attendant national grant-producing researchers to
31 Florida-based cancer research facilities in this state;
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1 (b) Implementing a peer-reviewed, competitive process
2 to identify and fund the best proposals to expand cancer
3 research institutes in this state;
4 (c) Funding through available resources for those
5 proposals that demonstrate the greatest opportunity to attract
6 federal research grants and private financial support;
7 (d) Encouraging the employment of bioinformatics in
8 order to create a cancer informatics infrastructure that
9 enhances information and resource exchange and integration
10 through researchers working in diverse disciplines, to
11 facilitate the full spectrum of cancer investigations;
12 (e) Facilitating the technical coordination, business
13 development, and support of intellectual property as it
14 relates to the advancement of cancer research; and
15 (f) Aiding in other multidisciplinary research-support
16 activities as they inure to the advancement of cancer
17 research.
18 Section 8. Section 381.922, Florida Statutes, is
19 created to read:
20 381.922 William G. "Bill" Bankhead, Jr., and David
21 Coley Cancer Research Program.--
22 (1) The William G. "Bill" Bankhead, Jr., and David
23 Coley Cancer Research Program, which may be otherwise cited as
24 the "Bankhead-Coley Program," is created within the Department
25 of Health funded by the proceeds of the Lawton Chiles
26 Endowment Fund pursuant to s. 215.5601. The purpose of the
27 program shall be to advance progress towards cures for cancer
28 through grants awarded through a peer-reviewed, competitive
29 process.
30 (2) The program shall provide grants for cancer
31 research to further the search for cures for cancer.
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1 (a) Emphasis shall be given to the goals enumerated in
2 s. 381.921, as those goals support the advancement of such
3 cures.
4 (b) Preference may be given to grant proposals that
5 foster collaborations among institutions, researchers, and
6 community practitioners, as such proposals support the
7 advancement of cures through basic or applied research,
8 including clinical trials involving cancer patients and
9 related networks.
10 (3)(a) Applications for funding for cancer research
11 may be submitted by any university or established research
12 institute in the state. All qualified investigators in the
13 state, regardless of institutional affiliation, shall have
14 equal access and opportunity to compete for the research
15 funding. Collaborative proposals, including those that advance
16 the program's goals enumerated in subsection (2), may be given
17 preference. Grants shall be awarded by the Secretary of
18 Health, after consultation with the Biomedical Research
19 Advisory Council, on the basis of scientific merit, as
20 determined by an open, competitive peer review process that
21 ensures objectivity, consistency, and high quality. The
22 following types of applications shall be considered for
23 funding:
24 1. Investigator-initiated research grants.
25 2. Institutional research grants.
26 3. Collaborative research grants, including those that
27 advance the finding of cures through basic or applied
28 research.
29 (b) In order to ensure that all proposals for research
30 funding are appropriate and are evaluated fairly on the basis
31 of scientific merit, the Secretary of Health, in consultation
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1 with the council, shall appoint a peer review panel of
2 independent, scientifically qualified individuals to review
3 the scientific content of each proposal and establish its
4 priority score. The priority scores shall be forwarded to the
5 council and must be considered in determining which proposals
6 shall be recommended for funding.
7 (c) The council and the peer review panel shall
8 establish and follow rigorous guidelines for ethical conduct
9 and adhere to a strict policy with regard to conflicts of
10 interest. A member of the council or panel may not participate
11 in any discussion or decision with respect to a research
12 proposal by any firm, entity, or agency with which the member
13 is associated as a member of the governing body or as an
14 employee or with which the member has entered into a
15 contractual arrangement. Meetings of the council and the peer
16 review panels are subject to chapter 119, s. 286.011, and s.
17 24, Art. I of the State Constitution.
18 (4) By December 15 of each year, the Department of
19 Health shall submit to the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives a
21 report indicating progress towards the program's mission and
22 making recommendations that further its purpose.
23 (5) Beginning in fiscal year 2006-2007, the sum of $9
24 million is appropriated annually from recurring funds in the
25 General Revenue Fund to the Biomedical Research Trust Fund
26 within the Department of Health for purposes of the William G.
27 "Bill" Bankhead, Jr., and David Coley Cancer Research Program
28 and shall be distributed pursuant to this section to provide
29 grants to researchers seeking cures for cancer, with emphasis
30 given to the goals enumerated in s. 381.921. From the total
31 funds appropriated, an amount of up to 10 percent may be used
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1 for administrative expenses.
2 (6) By June 1, 2009, the Division of Statutory
3 Revision of the Office of Legislative Services shall certify
4 to the President of the Senate and the Speaker of the House of
5 Representatives the language and statutory citation of this
6 section, which is scheduled to expire January 1, 2011.
7 (7) The Legislature shall review the performance, the
8 outcomes, and the financial management of the William G.
9 "Bill" Bankhead, Jr., and David Coley Cancer Research Program
10 during the 2010 Regular Session of the Legislature and shall
11 determine the most appropriate funding source and means of
12 funding the program based on its review.
13 (8) This section expires January 1, 2011, unless
14 reviewed and reenacted by the Legislature before that date.
15 Section 9. Subsection (1) of section 381.98, Florida
16 Statutes, is amended, paragraph (v) is added to subsection (6)
17 of that section, present subsection (10) of that section is
18 renumbered as subsection (12), and new subsections (10) and
19 (11) are added to that section, to read:
20 381.98 The Florida Public Health Foundation, Inc.;
21 establishment; purpose; mission; duties; board of directors.--
22 (1) The Florida Public Health Foundation, Inc.,
23 referred to in this section as "the corporation," is
24 established for the purpose of disseminating breakthrough
25 findings in biomedical research and promoting health awareness
26 in this state and providing services to the Department of
27 Health.
28 (6) The affairs of the corporation shall be managed by
29 an executive director appointed by a board of directors
30 consisting of:
31 (v) A representative of the Florida Association of
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1 Health Plans.
2 (10) The corporation may provide personnel to the
3 Department of Health for the purpose of performing duties and
4 responsibilities outlined in private and public grants
5 received by the Department of Health. These personnel are not
6 state employees and are not entitled to retirement credit and
7 other benefits provided to state employees under chapters 110
8 and 112. These personnel shall perform services pursuant to an
9 agreement between the corporation and the Department of
10 Health.
11 (11) The corporation may purchase goods, services, and
12 property for use by the Department of Health. These purchases
13 are not subject to the provisions of chapters 253, 255, and
14 287, nor to the control or direction of the Department of
15 Environmental Protection or the Department of Management
16 Services.
17 Section 10. Subsection (3) is added to section 430.41,
18 Florida Statutes, to read:
19 430.41 Grants and Donations Trust Fund.--
20 (3) Notwithstanding s. 216.301 and pursuant to s.
21 216.351, any balance of any general revenue appropriation to
22 the Grants and Donations Trust Fund that is not disbursed but
23 that is obligated pursuant to contract or committed to be
24 expended may be certified by the Governor for up to 3 years
25 following the effective date of the original appropriation.
26 Section 11. Subsection (1) of section 561.121, Florida
27 Statutes, is amended to read:
28 561.121 Deposit of revenue.--
29 (1) All state funds collected pursuant to ss. 563.05,
30 564.06, and 565.12 shall be paid into the State Treasury and
31 disbursed in the following manner:
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1 (a)1. Two percent of monthly collections of the excise
2 taxes on alcoholic beverages established in ss. 563.05,
3 564.06, and 565.12 shall be deposited into the Alcoholic
4 Beverage and Tobacco Trust Fund to meet the division's
5 appropriation for the state fiscal year.
6 2. Beginning July 1, 2004, there is annually
7 distributed $15 million to the Grants and Donations Trust Fund
8 within the Department of Elderly Affairs, and these funds are
9 annually appropriated to support a contract with the Johnnie
10 B. Byrd, Sr., Alzheimer's Center and Research Institute at the
11 University of South Florida for the purposes of conducting
12 research, developing and operating integrated data projects,
13 and providing assistance to memory disorder clinics as
14 established in s. 430.502.
15 3. Beginning July 1, 2004, there is annually
16 distributed $6 million to the Biomedical Research Trust Fund
17 within the Department of Health, and these funds are annually
18 appropriated to the James and Esther King Biomedical Research
19 Program. From these funds, up to $250,000 shall be available
20 annually for the operating costs of the Florida Center for
21 Universal Research to Eradicate Disease.
22 4. Beginning July 1, 2004, there is annually
23 distributed $9 million to be paid by warrant drawn by the
24 Chief Financial Officer upon the State Treasury to Florida
25 State University for the School of Chiropractic Medicine.
26 Notwithstanding the provisions of chapter 216, until the
27 School of Chiropractic Medicine is completely staffed and
28 fully operational, these funds may be used for any purpose by
29 the university.
30 (b) The remainder of the funds collected pursuant to
31 ss. 563.05, 564.06, and 565.12 collection shall be credited to
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1 the General Revenue Fund.
2 Section 12. Subsections (2) and (6) of section
3 1004.445, Florida Statutes, are amended, present subsections
4 (8), (9), and (10) of that section are renumbered as
5 subsections (9), (10), and (11), respectively, and new
6 subsections (8), (12), (13), (14), and (15) are added to that
7 section, to read:
8 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and
9 Research Institute.--
10 (2)(a) The State Board of Education shall enter into
11 an agreement for the utilization of the facilities on the
12 campus of the University of South Florida to be known as the
13 Johnnie B. Byrd, Sr., Alzheimer's Center and Research
14 Institute, including all furnishings, equipment, and other
15 chattels used in the operation of those facilities, with a
16 Florida not-for-profit corporation organized solely for the
17 purpose of governing and operating the Johnnie B. Byrd, Sr.,
18 Alzheimer's Center and Research Institute. This not-for-profit
19 corporation, acting as an instrumentality of the state, shall
20 govern and operate the Johnnie B. Byrd, Sr., Alzheimer's
21 Center and Research Institute in accordance with the terms of
22 the agreement between the State Board of Education and the
23 not-for-profit corporation. The not-for-profit corporation
24 may, with the prior approval of the State Board of Education,
25 create either for-profit or not-for-profit corporate
26 subsidiaries, or both, to fulfill its mission. The
27 not-for-profit corporation and its subsidiaries are authorized
28 to receive, hold, invest, and administer property and any
29 moneys acquired from private, local, state, and federal
30 sources, as well as technical and professional income
31 generated or derived from practice activities of the
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1 institute, for the benefit of the institute and the
2 fulfillment of its mission.
3 (b)1. The affairs of the not-for-profit corporation
4 shall be managed by a board of directors who shall serve
5 without compensation. The board of directors shall consist of
6 the President of the University of South Florida and the chair
7 of the State Board of Education, or their designees, five 5
8 representatives of the state universities, and nine no fewer
9 than 9 nor more than 14 representatives of the public who are
10 neither medical doctors nor state employees. Each director who
11 is a representative of a state university or of the public
12 shall be appointed to serve a term of 3 years. The chair of
13 the board of directors shall be selected by a majority vote of
14 the directors. Each director shall have only one vote.
15 2. The initial board of directors shall consist of the
16 President of the University of South Florida and the chair of
17 the State Board of Education, or their designees; the Of the
18 five university representatives, of whom one shall be
19 appointed by the Governor, two by the President of the Senate,
20 and two by the Speaker of the House of Representatives; and of
21 the nine public representatives, of whom three shall be
22 appointed by the Governor, three by the President of the
23 Senate, and three by the Speaker of the House of
24 Representatives. Upon the expiration of the terms of the
25 initial appointed directors, all directors subject to 3-year
26 terms of office under this paragraph shall be appointed by a
27 majority vote of the directors and the board may be expanded
28 to include additional public representative directors up to
29 the maximum number allowed. Any vacancy in office shall be
30 filled in the same manner as the original appointment for the
31 remainder of the term by majority vote of the directors. Any
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1 director may be reappointed.
2 (6) The institute shall be administered by a chief
3 executive officer, who shall be appointed by and serve at the
4 pleasure of the board of directors of the not-for-profit
5 corporation, and who shall exercise the following powers and
6 duties, subject to the approval of the board of directors:
7 (a) The chief executive officer shall establish
8 programs that fulfill the mission of the institute in
9 research, education, treatment, prevention, and early
10 detection of Alzheimer's disease; however, the chief executive
11 officer may not establish academic programs for which academic
12 credit is awarded and which culminate in the conferring of a
13 degree, without prior approval of the State Board of
14 Education.
15 (b) The chief executive officer shall have control
16 over the budget and the moneys appropriated or donated to the
17 institute from private, local, state, and federal sources, as
18 well as technical and professional income generated or derived
19 from practice activities of the institute. However,
20 professional income generated by university faculty from
21 practice activities at the institute shall be shared between
22 the institute and the university as determined by the chief
23 executive officer and the appropriate university dean or vice
24 president.
25 (c) The chief executive officer shall appoint
26 representatives of the institute to carry out the research,
27 patient care, and educational activities of the institute and
28 establish the compensation, benefits, and terms of service of
29 such representatives. Representatives of the institute shall
30 be eligible to hold concurrent appointments at affiliated
31 academic institutions. University faculty shall be eligible to
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1 hold concurrent appointments at the institute.
2 (d) The chief executive officer shall have control
3 over the use and assignment of space and equipment within the
4 facilities.
5 (e) The chief executive officer shall have the power
6 to create the administrative structure necessary to carry out
7 the mission of the institute.
8 (f) The chief executive officer shall have a reporting
9 relationship to the Commissioner of Education.
10 (g) The chief executive officer shall provide a copy
11 of the institute's annual report to the Governor and Cabinet,
12 the President of the Senate, the Speaker of the House of
13 Representatives, and the chair of the State Board of
14 Education. The annual report shall describe the expenditure of
15 all funds and shall provide information regarding research
16 that has been conducted or funded by the center, as well as
17 the expected and actual results of such research.
18 (h) By August 1 of each year, the chief executive
19 officer shall develop and submit to the Governor and Cabinet,
20 the President of the Senate, the Speaker of the House of
21 Representatives, and the chair of the State Board of Education
22 an annual operating budget detailing the planned use of state,
23 federal, and private funds for the fiscal year.
24 (8)(a) Applications for Alzheimer's disease research
25 funding may be submitted from any university or established
26 research institute in the state. All qualified investigators
27 in the state, regardless of institutional affiliation, shall
28 have equal access and opportunity to compete for the research
29 funding. Grants shall be awarded by the board of directors of
30 the not-for-profit corporation on the basis of scientific
31 merit, as determined by an open, competitive peer review
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1 process that ensures objectivity, consistency, and high
2 quality. The following types of applications shall be
3 considered for funding:
4 1. Investigator-initiated research grants.
5 2. Institutional research grants.
6 3. Collaborative research grants, including those that
7 advance the finding of cures through basic or applied
8 research.
9 (b) Preference may be given to grant proposals that
10 foster collaboration among institutions, researchers, and
11 community practitioners because these proposals support the
12 advancement of cures through basic or applied research,
13 including clinical trials involving Alzheimer's patients and
14 related networks.
15 (c) To ensure that all proposals for research funding
16 are appropriate and are evaluated fairly on the basis of
17 scientific merit, the board of directors of the not-for-profit
18 corporation, in consultation with the council of scientific
19 advisors, shall appoint a peer review panel of independent,
20 scientifically qualified individuals to review the scientific
21 content of each proposal and establish its scientific priority
22 score. The priority scores shall be forwarded to the council
23 and must be considered by the board of directors of the
24 not-for-profit corporation in determining which proposals
25 shall be recommended for funding.
26 (d) The council of scientific advisors and the peer
27 review panel shall establish and follow rigorous guidelines
28 for ethical conduct and adhere to a strict policy with regard
29 to conflict of interest. All employees, members of the board
30 of directors, and affiliates of the not-for-profit corporation
31 shall follow the same rigorous guidelines for ethical conduct
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1 and shall adhere to the same strict policy with regard to
2 conflict of interest. A member of the council or panel may not
3 participate in any discussion or decision with respect to a
4 research proposal by any firm, entity, or agency with which
5 the member is associated as a member of the governing body or
6 as an employee or with which the member has entered into a
7 contractual arrangement. Meetings of the council and the peer
8 review panels are subject to chapter 119, s. 286.011, and s.
9 24, Art. I of the State Constitution.
10 (12) Beginning in fiscal year 2006-2007, the sum of
11 $15 million is appropriated annually from recurring funds in
12 the General Revenue Fund to the Grants and Donations Trust
13 Fund within the Department of Elderly Affairs for the Johnnie
14 B. Byrd, Sr., Alzheimer's Center and Research Institute at the
15 University of South Florida for the purposes as provided under
16 paragraph (6)(a), conducting and supporting research,
17 providing institutional research grants and
18 investigator-initiated research grants, developing and
19 operating integrated data projects, and providing assistance
20 to statutorily designated memory disorder clinics as provided
21 under s. 430.502. Not less than 80 percent of the appropriated
22 funds shall be expended for these purposes and not less than
23 20 percent of the appropriated funds shall be expended for
24 peer-reviewed investigator-initiated research grants.
25 (13) By June 1, 2009, the Division of Statutory
26 Revision of the Office of Legislative Services shall certify
27 to the President of the Senate and the Speaker of the House of
28 Representatives the language and statutory citation of this
29 section, which is scheduled to expire January 1, 2011.
30 (14) The Legislature shall review the performance, the
31 outcomes, and the financial management of the Johnnie B. Byrd,
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1 Sr., Alzheimer's Center and Research Institute during the 2010
2 Regular Session of the Legislature and shall determine the
3 most appropriate funding source and means of funding the
4 center and institute based on its review.
5 (15) This section expires January 1, 2011, unless
6 reviewed and reenacted by the Legislature before that date.
7 Section 13. All appointments to the board of directors
8 of the not-for-profit corporation for the Johnnie B. Byrd,
9 Sr., Alzheimer's Center and Research Institute that were not
10 made in accordance with s. 1004.445, Florida Statutes, as
11 amended by this act, shall expire June 30, 2006, but such
12 appointees may continue to serve until their successors are
13 appointed. This section shall take effect upon this act
14 becoming a law.
15 Section 14. Except as otherwise expressly provided in
16 this act and except for this section, which shall take effect
17 upon this act becoming a law, this act shall take effect July
18 1, 2006.
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22 And the title is amended as follows:
23 Delete everything before the enacting clause
24
25 and insert:
26 A bill to be entitled
27 An act relating to biomedical research;
28 providing legislative intent; amending s.
29 20.435, F.S.; authorizing the use of funds in
30 the Biomedical Research Trust Fund for the
31 purposes of the William G. "Bill" Bankhead,
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1 Jr., and David Coley Cancer Research Program;
2 amending s. 215.5602, F.S.; revising the
3 membership and the method for appointing
4 members to the Biomedical Research Advisory
5 Council; requiring the council to award grants
6 for cancer research through the William G.
7 "Bill" Bankhead, Jr., and David Coley Cancer
8 Research Program; providing for the repeal of
9 the James and Esther King Biomedical Research
10 Program; requiring the Legislature to review
11 the program prior to the repeal; providing for
12 transition to new appointments; amending s.
13 381.855, F.S.; revising the membership of the
14 advisory council for the Florida Center for
15 Universal Research to Eradicate Disease;
16 providing for terms of office and the filling
17 of vacancies; providing for officers, meetings,
18 and procedures; providing for transition to new
19 appointments; amending s. 381.921, F.S.;
20 revising a goal of the Florida Cancer Council;
21 creating s. 381.922, F.S.; establishing the
22 William G. "Bill" Bankhead, Jr., and David
23 Coley Cancer Research Program within the
24 Department of Health; providing the purpose of
25 the program; requiring the program to provide
26 grants for cancer research; providing
27 procedures for awarding cancer research grants;
28 providing for peer review panels; providing
29 requirements with respect to ethical conduct
30 and conflicts of interest; providing for public
31 records and meetings; requiring an annual
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1 report; providing for the repeal of William G.
2 "Bill" Bankhead, Jr., and David Coley Cancer
3 Research Program; requiring the Legislature to
4 review the program prior to the repeal;
5 amending s. 381.98, F.S., revising the purpose,
6 duties, and authority of the Florida Public
7 Health Foundation, Inc.; revising the
8 membership of the board of directors of the
9 corporation; amending s. 430.41, F.S.,
10 providing for the Governor to certify certain
11 funds for a certain number of years; amending
12 s. 561.121, F.S.; redistributing certain funds
13 collected from taxes on alcoholic beverages;
14 amending s. 1004.445, F.S.; revising the method
15 of appointing and filling vacancies on the
16 Johnnie B. Byrd, Sr., Alzheimer's Center and
17 Research Institute board of directors;
18 requiring certain information in the annual
19 report; requiring an annual operating budget;
20 providing procedures for awarding of
21 Alzheimer's disease research grants; providing
22 for peer review panels; providing requirements
23 with respect to ethical conduct and conflicts
24 of interest; providing for public records and
25 meetings; providing for the repeal of Johnnie
26 B. Byrd, Sr., Alzheimer's Center and Research
27 Institute; requiring the Legislature to review
28 the center and institute prior to the repeal;
29 providing appropriations; providing for the
30 transition of new appointments to the board of
31 directors of the not-for-profit corporation for
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1 the Johnnie B. Byrd, Sr., Alzheimer's Center
2 and Research Institute; providing effective
3 dates.
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