| 1 | The Health & Families Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to biomedical research; providing |
| 7 | legislative intent; amending s. 20.435, F.S.; authorizing |
| 8 | the use of funds in the Biomedical Research Trust Fund for |
| 9 | the purposes of the William G. "Bill" Bankhead, Jr., and |
| 10 | David Coley Cancer Research Program; amending s. 215.5602, |
| 11 | F.S.; revising the membership and the method for |
| 12 | appointing members to the Biomedical Research Advisory |
| 13 | Council; requiring the council to award grants for cancer |
| 14 | research through the William G. "Bill" Bankhead, Jr., and |
| 15 | David Coley Cancer Research Program; authorizing the |
| 16 | Legislature to annually appropriate funds to the James and |
| 17 | Esther King Biomedical Research Program; providing for |
| 18 | transition to new appointments; amending s. 381.855, F.S.; |
| 19 | revising the membership of the advisory council for the |
| 20 | Florida Center for Universal Research to Eradicate |
| 21 | Disease; providing for terms of office and the filling of |
| 22 | vacancies; providing for officers, meetings, and |
| 23 | procedures; authorizing the Legislature to annually |
| 24 | appropriate funds to the Florida Center for Universal |
| 25 | Research to Eradicate Disease; providing for transition to |
| 26 | new appointments; amending s. 381.921, F.S.; revising a |
| 27 | goal of the Florida Cancer Council; creating s. 381.922, |
| 28 | F.S.; establishing the William G. "Bill" Bankhead, Jr., |
| 29 | and David Coley Cancer Research Program within the |
| 30 | Department of Health; providing the purpose of the |
| 31 | program; requiring the program to provide grants for |
| 32 | cancer research; providing procedures for awarding cancer |
| 33 | research grants; providing for peer-review panels; |
| 34 | providing requirements with respect to ethical conduct and |
| 35 | conflicts of interest; providing for public records and |
| 36 | meetings; requiring an annual report; amending s. 561.121, |
| 37 | F.S.; redistributing certain funds collected from taxes on |
| 38 | alcoholic beverages; amending s. 1004.445, F.S.; revising |
| 39 | the method of appointing and filling vacancies on the |
| 40 | board of directors of the Johnnie B. Byrd, Sr., |
| 41 | Alzheimer's Center and Research Institute; requiring |
| 42 | certain information in the annual report; requiring an |
| 43 | annual operating budget; providing procedures for awarding |
| 44 | of Alzheimer's disease research grants; providing for peer |
| 45 | review panels; providing requirements with respect to |
| 46 | ethical conduct and conflicts of interest; providing for |
| 47 | public records and meetings; authorizing the Legislature |
| 48 | to annually appropriate funds to the Johnnie B. Byrd, Sr., |
| 49 | Alzheimer's Center and Research Institute; providing for |
| 50 | transition to new appointments; providing appropriations; |
| 51 | providing effective dates. |
| 52 |
|
| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
|
| 55 | Section 1. It is the intent of the Legislature to provide |
| 56 | funding to support grants for biomedical research in this state |
| 57 | with the anticipation that sustained funding for biomedical |
| 58 | research over a period of years will lead to an alleviation of |
| 59 | human suffering from diseases such as cancer and Alzheimer's |
| 60 | disease. It is the intent of the Legislature to dramatically |
| 61 | reduce this state's inordinately high cancer burden, reducing |
| 62 | both cancer incidence and mortality, while advancing scientific |
| 63 | endeavors in this state, making this state a world-class leader |
| 64 | in cancer research and treatment. Further, it is the intent of |
| 65 | the Legislature to address the debilitating and deadly effects |
| 66 | of Alzheimer's disease by supporting research in Alzheimer's |
| 67 | disease statewide through the awarding of research grants on a |
| 68 | competitive basis. Additionally, it is the intent of the |
| 69 | Legislature to stimulate dramatic economic development, |
| 70 | particularly in the biotechnology industry, through investment |
| 71 | in this state's biomedical research. |
| 72 | Section 2. Paragraph (h) of subsection (1) of section |
| 73 | 20.435, Florida Statutes, is amended to read: |
| 74 | 20.435 Department of Health; trust funds.-- |
| 75 | (1) The following trust funds are hereby created, to be |
| 76 | administered by the Department of Health: |
| 77 | (h) Biomedical Research Trust Fund. |
| 78 | 1. Funds to be credited to the trust fund shall consist of |
| 79 | funds deposited pursuant to ss. s. 215.5601 and 381.922. Funds |
| 80 | shall be used for the purposes of the William G. "Bill" |
| 81 | Bankhead, Jr., and David Coley Cancer Research Program and the |
| 82 | James and Esther King Biomedical Research Program as specified |
| 83 | in ss. 215.5602 and 288.955. The trust fund is exempt from the |
| 84 | service charges imposed by s. 215.20. |
| 85 | 2. Notwithstanding the provisions of s. 216.301 and |
| 86 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 87 | of any fiscal year shall remain in the trust fund at the end of |
| 88 | the year and shall be available for carrying out the purposes of |
| 89 | the trust fund. The department may invest these funds |
| 90 | independently through the Chief Financial Officer or may |
| 91 | negotiate a trust agreement with the State Board of |
| 92 | Administration for the investment management of any balance in |
| 93 | the trust fund. |
| 94 | 3. Notwithstanding s. 216.301 and pursuant to s. 216.351, |
| 95 | any balance of any appropriation from the Biomedical Research |
| 96 | Trust Fund which is not disbursed but which is obligated |
| 97 | pursuant to contract or committed to be expended may be |
| 98 | certified by the Governor for up to 3 years following the |
| 99 | effective date of the original appropriation. |
| 100 | 4. The trust fund shall, unless terminated sooner, be |
| 101 | terminated on July 1, 2008. |
| 102 | Section 3. Subsection (3) of section 215.5602, Florida |
| 103 | Statutes, is amended, and subsections (11) and (12) are added to |
| 104 | that section, to read: |
| 105 | 215.5602 James and Esther King Biomedical Research |
| 106 | Program.-- |
| 107 | (3) There is created within the Department of Health the |
| 108 | Biomedical Research Advisory Council. |
| 109 | (a) The council shall consist of eleven nine members, |
| 110 | including: the chief executive officer of the Florida Division |
| 111 | of the American Cancer Society, or a designee; the chief |
| 112 | executive officer of the Florida/Puerto Rico Affiliate of the |
| 113 | American Heart Association, or a designee; and the chief |
| 114 | executive officer of the American Lung Association of Florida, |
| 115 | or a designee. The Governor shall appoint the remaining eight |
| 116 | six members of the council shall be appointed, as follows: |
| 117 | 1. The Governor shall appoint four members, two members |
| 118 | with expertise in the field of biomedical research, one member |
| 119 | from a research university in the state, and one member |
| 120 | representing the general population of the state. |
| 121 | 2. The President of the Senate shall appoint two members, |
| 122 | one member with expertise in the field of behavioral or social |
| 123 | research and one representative from a cancer program approved |
| 124 | by the American College of Surgeons. |
| 125 | 3. The Speaker of the House of Representatives shall |
| 126 | appoint two members, one member from a professional medical |
| 127 | organization and one representative from a cancer program |
| 128 | approved by the American College of Surgeons. |
| 129 | 4. One member from a research university in the state. |
| 130 | 5. One member representing the general population of the |
| 131 | state. |
| 132 |
|
| 133 | In making these his or her appointments, the Governor, the |
| 134 | President of the Senate, and the Speaker of the House of |
| 135 | Representatives shall select primarily, but not exclusively, |
| 136 | Floridians with biomedical and lay expertise in the general |
| 137 | areas of cancer, cardiovascular disease, stroke, and pulmonary |
| 138 | disease. The Governor's appointments shall be for a 3-year term |
| 139 | and shall reflect the diversity of the state's population. An |
| 140 | appointed A council member appointed by the Governor may not |
| 141 | serve more than two consecutive terms. |
| 142 | (b) The council shall adopt internal organizational |
| 143 | procedures as necessary for its efficient organization. |
| 144 | (c) The department shall provide such staff, information, |
| 145 | and other assistance as is reasonably necessary to assist the |
| 146 | council in carrying out its responsibilities. |
| 147 | (d) Members of the council shall serve without |
| 148 | compensation, but may receive reimbursement as provided in s. |
| 149 | 112.061 for travel and other necessary expenses incurred in the |
| 150 | performance of their official duties. |
| 151 | (11) The council shall award grants for cancer research |
| 152 | through the William G. "Bill" Bankhead, Jr., and David Coley |
| 153 | Cancer Research Program created in s. 381.922. |
| 154 | (12) The Legislature may annually appropriate funds to the |
| 155 | James and Esther King Biomedical Research Program for the |
| 156 | purposes of this section. |
| 157 | Section 4. All appointments to the Biomedical Research |
| 158 | Advisory Council for the James and Esther King Biomedical |
| 159 | Research Program which were not made in accordance with s. |
| 160 | 215.5602, Florida Statutes, as amended by this act, shall expire |
| 161 | June 30, 2006, but such appointees may continue to serve until |
| 162 | their successors are appointed. This section shall take effect |
| 163 | upon this act becoming a law. |
| 164 | Section 5. Subsection (5) of section 381.855, Florida |
| 165 | Statutes, is amended, and subsections (6), (7), and (8) are |
| 166 | added to that section, to read: |
| 167 | 381.855 Florida Center for Universal Research to Eradicate |
| 168 | Disease.-- |
| 169 | (5) There is established within the center an advisory |
| 170 | council that shall meet at least annually. |
| 171 | (a) The council shall consist of one representative from a |
| 172 | Florida not-for-profit institution engaged in basic and clinical |
| 173 | biomedical research and education which receives more than $10 |
| 174 | million in annual grant funding from the National Institutes of |
| 175 | Health, to be appointed by the Secretary of Health from a |
| 176 | different institution each term, and the members of the board of |
| 177 | directors of the Florida Research Consortium and at least one |
| 178 | representative from and appointed by each of the following |
| 179 | entities: |
| 180 | 1. The Emerging Technology Commission. |
| 181 | 1.2. Enterprise Florida, Inc. |
| 182 | 2.3. BioFlorida. |
| 183 | 3.4. The Biomedical Research Advisory Council. |
| 184 | 4.5. The Florida Medical Foundation. |
| 185 | 5.6. Pharmaceutical Research and Manufacturers of America. |
| 186 | 7. The Florida Tri-Agency Coalition on Smoking OR Health. |
| 187 | 6.8. The Florida Cancer Council. |
| 188 | 7.9. The American Cancer Society, Florida Division, Inc. |
| 189 | 8.10. The American Heart Association. |
| 190 | 9.11. The American Lung Association of Florida. |
| 191 | 10.12. The American Diabetes Association, South Coastal |
| 192 | Region. |
| 193 | 11.13. The Alzheimer's Association. |
| 194 | 12.14. The Epilepsy Foundation. |
| 195 | 13.15. The National Parkinson Foundation. |
| 196 | 14.16. The Florida Public Health Foundation, Inc. |
| 197 | 15.17. The Florida Research Consortium Scripps Florida or |
| 198 | the entity formed in this state by The Scripps Research |
| 199 | Institute. |
| 200 | (b) Members of the council shall serve without |
| 201 | compensation, and each organization represented shall cover all |
| 202 | expenses of its representative. |
| 203 | (6) Members shall be appointed to 4-year terms of office. |
| 204 | The members of the advisory council shall annually elect a chair |
| 205 | from among the members of the advisory council. Any vacancy on |
| 206 | the advisory council shall be filled in the same manner as the |
| 207 | original appointment. |
| 208 | (7) The advisory council shall meet at least annually, but |
| 209 | may meet as often as it deems necessary to carry out its duties |
| 210 | and responsibilities. The advisory council may take official |
| 211 | action by a majority vote of the members present at any meeting |
| 212 | at which a quorum is present. |
| 213 | (8) The Legislature may annually appropriate funds to the |
| 214 | Florida Center for Universal Research to Eradicate Disease for |
| 215 | operating costs. |
| 216 | Section 6. All appointments to the advisory council for |
| 217 | the Florida Center for Universal Research to Eradicate Disease |
| 218 | which were not made in accordance with s. 381.855, Florida |
| 219 | Statutes, as amended by this act, shall expire June 30, 2006, |
| 220 | but such appointees may continue to serve until their successors |
| 221 | are appointed. This section shall take effect upon this act |
| 222 | becoming a law. |
| 223 | Section 7. Subsection (1) of section 381.921, Florida |
| 224 | Statutes, is amended to read: |
| 225 | 381.921 Florida Cancer Council mission and duties.--The |
| 226 | council, which shall work in concert with the Florida Center for |
| 227 | Universal Research to Eradicate Disease to ensure that the goals |
| 228 | of the center are advanced, shall endeavor to dramatically |
| 229 | improve cancer research and treatment in this state through: |
| 230 | (1) Efforts to significantly expand cancer research |
| 231 | capacity in the state by: |
| 232 | (a) Identifying ways to attract new research talent and |
| 233 | attendant national grant-producing researchers to Florida-based |
| 234 | cancer research facilities in this state; |
| 235 | (b) Implementing a peer-reviewed, competitive process to |
| 236 | identify and fund the best proposals to expand cancer research |
| 237 | institutes in this state; |
| 238 | (c) Funding through available resources for those |
| 239 | proposals that demonstrate the greatest opportunity to attract |
| 240 | federal research grants and private financial support; |
| 241 | (d) Encouraging the employment of bioinformatics in order |
| 242 | to create a cancer informatics infrastructure that enhances |
| 243 | information and resource exchange and integration through |
| 244 | researchers working in diverse disciplines, to facilitate the |
| 245 | full spectrum of cancer investigations; |
| 246 | (e) Facilitating the technical coordination, business |
| 247 | development, and support of intellectual property as it relates |
| 248 | to the advancement of cancer research; and |
| 249 | (f) Aiding in other multidisciplinary research-support |
| 250 | activities as they inure to the advancement of cancer research. |
| 251 | Section 8. Section 381.922, Florida Statutes, is created |
| 252 | to read: |
| 253 | 381.922 William G. "Bill" Bankhead, Jr., and David Coley |
| 254 | Cancer Research Program.-- |
| 255 | (1) The William G. "Bill" Bankhead, Jr., and David Coley |
| 256 | Cancer Research Program, which may be otherwise cited as the |
| 257 | "Bankhead-Coley Program," is created within the Department of |
| 258 | Health. The purpose of the program shall be to advance progress |
| 259 | towards cures for cancer through grants awarded through a peer- |
| 260 | reviewed, competitive process. |
| 261 | (2) The program shall provide grants for cancer research |
| 262 | to further the search for cures for cancer. |
| 263 | (a) Emphasis shall be given to the goals enumerated in s. |
| 264 | 381.921, as those goals support the advancement of such cures. |
| 265 | (b) Preference may be given to grant proposals that foster |
| 266 | collaborations among institutions, researchers, and community |
| 267 | practitioners, as such proposals support the advancement of |
| 268 | cures through basic or applied research, including clinical |
| 269 | trials involving cancer patients and related networks. |
| 270 | (3)(a) Applications for funding for cancer research may be |
| 271 | submitted by any university or established research institute in |
| 272 | the state. All qualified investigators in the state, regardless |
| 273 | of institutional affiliation, shall have equal access and |
| 274 | opportunity to compete for the research funding. Collaborative |
| 275 | proposals, including those that advance the program's goals |
| 276 | enumerated in subsection (2), may be given preference. Grants |
| 277 | shall be awarded by the Secretary of Health, after consultation |
| 278 | with the Biomedical Research Advisory Council, on the basis of |
| 279 | scientific merit, as determined by an open, competitive peer- |
| 280 | review process that ensures objectivity, consistency, and high |
| 281 | quality. The following types of applications shall be considered |
| 282 | for funding: |
| 283 | 1. Investigator-initiated research grants. |
| 284 | 2. Institutional research grants. |
| 285 | 3. Collaborative research grants, including those that |
| 286 | advance the finding of cures through basic or applied research. |
| 287 | (b) In order to ensure that all proposals for research |
| 288 | funding are appropriate and are evaluated fairly on the basis of |
| 289 | scientific merit, the Secretary of Health, in consultation with |
| 290 | the council, shall appoint a peer-review panel of independent, |
| 291 | scientifically qualified individuals to review the scientific |
| 292 | content of each proposal and establish its priority score. The |
| 293 | priority scores shall be forwarded to the council and must be |
| 294 | considered in determining which proposals shall be recommended |
| 295 | for funding. |
| 296 | (c) The council and the peer-review panel shall establish |
| 297 | and follow rigorous guidelines for ethical conduct and adhere to |
| 298 | a strict policy with regard to conflicts of interest. A member |
| 299 | of the council or panel may not participate in any discussion or |
| 300 | decision with respect to a research proposal by any firm, |
| 301 | entity, or agency with which the member is associated as a |
| 302 | member of the governing body or as an employee or with which the |
| 303 | member has entered into a contractual arrangement. Meetings of |
| 304 | the council and the peer-review panels are subject to chapter |
| 305 | 119, s. 286.011, and s. 24, Art. I of the State Constitution. |
| 306 | (4) By December 15 of each year, the Department of Health |
| 307 | shall submit to the Governor, the President of the Senate, and |
| 308 | the Speaker of the House of Representatives a report indicating |
| 309 | progress towards the program's mission and making |
| 310 | recommendations that further its purpose. |
| 311 | Section 9. Subsection (1) of section 561.121, Florida |
| 312 | Statutes, is amended to read: |
| 313 | 561.121 Deposit of revenue.-- |
| 314 | (1) All state funds collected pursuant to ss. 563.05, |
| 315 | 564.06, and 565.12 shall be paid into the State Treasury and |
| 316 | disbursed in the following manner: |
| 317 | (a)1. Two percent of monthly collections of the excise |
| 318 | taxes on alcoholic beverages established in ss. 563.05, 564.06, |
| 319 | and 565.12 shall be deposited into the Alcoholic Beverage and |
| 320 | Tobacco Trust Fund to meet the division's appropriation for the |
| 321 | state fiscal year. |
| 322 | 2. Beginning July 1, 2004, there is annually distributed |
| 323 | $15 million to the Grants and Donations Trust Fund within the |
| 324 | Department of Elderly Affairs, and these funds are annually |
| 325 | appropriated to support a contract with the Johnnie B. Byrd, |
| 326 | Sr., Alzheimer's Center and Research Institute at the University |
| 327 | of South Florida for the purposes of conducting research, |
| 328 | developing and operating integrated data projects, and providing |
| 329 | assistance to memory disorder clinics as established in s. |
| 330 | 430.502. |
| 331 | 3. Beginning July 1, 2004, there is annually distributed |
| 332 | $6 million to the Biomedical Research Trust Fund within the |
| 333 | Department of Health, and these funds are annually appropriated |
| 334 | to the James and Esther King Biomedical Research Program. From |
| 335 | these funds, up to $250,000 shall be available annually for the |
| 336 | operating costs of the Florida Center for Universal Research to |
| 337 | Eradicate Disease. |
| 338 | 4. Beginning July 1, 2004, there is annually distributed |
| 339 | $9 million to be paid by warrant drawn by the Chief Financial |
| 340 | Officer upon the State Treasury to Florida State University for |
| 341 | the School of Chiropractic Medicine. Notwithstanding the |
| 342 | provisions of chapter 216, until the School of Chiropractic |
| 343 | Medicine is completely staffed and fully operational, these |
| 344 | funds may be used for any purpose by the university. |
| 345 | (b) The remainder of the funds collected pursuant to ss. |
| 346 | 563.05, 564.06, and 565.12 collection shall be credited to the |
| 347 | General Revenue Fund. |
| 348 | Section 10. Subsections (2) and (6) of section 1004.445, |
| 349 | Florida Statutes, are amended, present subsections (8), (9), and |
| 350 | (10) are renumbered as subsections (9), (10), and (11), |
| 351 | respectively, and new subsections (8) and (12) are added to that |
| 352 | section, to read: |
| 353 | 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 354 | Research Institute.-- |
| 355 | (2)(a) The State Board of Education shall enter into an |
| 356 | agreement for the utilization of the facilities on the campus of |
| 357 | the University of South Florida to be known as the Johnnie B. |
| 358 | Byrd, Sr., Alzheimer's Center and Research Institute, including |
| 359 | all furnishings, equipment, and other chattels used in the |
| 360 | operation of those facilities, with a Florida not-for-profit |
| 361 | corporation organized solely for the purpose of governing and |
| 362 | operating the Johnnie B. Byrd, Sr., Alzheimer's Center and |
| 363 | Research Institute. This not-for-profit corporation, acting as |
| 364 | an instrumentality of the state, shall govern and operate the |
| 365 | Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute |
| 366 | in accordance with the terms of the agreement between the State |
| 367 | Board of Education and the not-for-profit corporation. The not- |
| 368 | for-profit corporation may, with the prior approval of the State |
| 369 | Board of Education, create either for-profit or not-for-profit |
| 370 | corporate subsidiaries, or both, to fulfill its mission. The |
| 371 | not-for-profit corporation and its subsidiaries are authorized |
| 372 | to receive, hold, invest, and administer property and any moneys |
| 373 | acquired from private, local, state, and federal sources, as |
| 374 | well as technical and professional income generated or derived |
| 375 | from practice activities of the institute, for the benefit of |
| 376 | the institute and the fulfillment of its mission. |
| 377 | (b)1. The affairs of the not-for-profit corporation shall |
| 378 | be managed by a board of directors who shall serve without |
| 379 | compensation. The board of directors shall consist of the |
| 380 | President of the University of South Florida and the chair of |
| 381 | the State Board of Education, or their designees, five 5 |
| 382 | representatives of the state universities, and nine no fewer |
| 383 | than 9 nor more than 14 representatives of the public who are |
| 384 | neither medical doctors nor state employees. Each director who |
| 385 | is a representative of a state university or of the public shall |
| 386 | be appointed to serve a term of 3 years. The chair of the board |
| 387 | of directors shall be selected by a majority vote of the |
| 388 | directors. Each director shall have only one vote. |
| 389 | 2. The initial board of directors shall consist of the |
| 390 | President of the University of South Florida and the chair of |
| 391 | the State Board of Education, or their designees; the Of the |
| 392 | five university representatives, of whom one shall be appointed |
| 393 | by the Governor, two by the President of the Senate, and two by |
| 394 | the Speaker of the House of Representatives; and of the nine |
| 395 | public representatives, of whom three shall be appointed by the |
| 396 | Governor, three by the President of the Senate, and three by the |
| 397 | Speaker of the House of Representatives. Upon the expiration of |
| 398 | the terms of the initial appointed directors, all directors |
| 399 | subject to 3-year terms of office under this paragraph shall be |
| 400 | appointed by a majority vote of the directors and the board may |
| 401 | be expanded to include additional public representative |
| 402 | directors up to the maximum number allowed. Any vacancy in |
| 403 | office shall be filled in the same manner as the original |
| 404 | appointment for the remainder of the term by majority vote of |
| 405 | the directors. Any director may be reappointed. |
| 406 | (6) The institute shall be administered by a chief |
| 407 | executive officer, who shall be appointed by and serve at the |
| 408 | pleasure of the board of directors of the not-for-profit |
| 409 | corporation, and who shall exercise the following powers and |
| 410 | duties, subject to the approval of the board of directors: |
| 411 | (a) The chief executive officer shall establish programs |
| 412 | that fulfill the mission of the institute in research, |
| 413 | education, treatment, prevention, and early detection of |
| 414 | Alzheimer's disease; however, the chief executive officer may |
| 415 | not establish academic programs for which academic credit is |
| 416 | awarded and which culminate in the conferring of a degree, |
| 417 | without prior approval of the State Board of Education. |
| 418 | (b) The chief executive officer shall have control over |
| 419 | the budget and the moneys appropriated or donated to the |
| 420 | institute from private, local, state, and federal sources, as |
| 421 | well as technical and professional income generated or derived |
| 422 | from practice activities of the institute. However, professional |
| 423 | income generated by university faculty from practice activities |
| 424 | at the institute shall be shared between the institute and the |
| 425 | university as determined by the chief executive officer and the |
| 426 | appropriate university dean or vice president. |
| 427 | (c) The chief executive officer shall appoint |
| 428 | representatives of the institute to carry out the research, |
| 429 | patient care, and educational activities of the institute and |
| 430 | establish the compensation, benefits, and terms of service of |
| 431 | such representatives. Representatives of the institute shall be |
| 432 | eligible to hold concurrent appointments at affiliated academic |
| 433 | institutions. University faculty shall be eligible to hold |
| 434 | concurrent appointments at the institute. |
| 435 | (d) The chief executive officer shall have control over |
| 436 | the use and assignment of space and equipment within the |
| 437 | facilities. |
| 438 | (e) The chief executive officer shall have the power to |
| 439 | create the administrative structure necessary to carry out the |
| 440 | mission of the institute. |
| 441 | (f) The chief executive officer shall have a reporting |
| 442 | relationship to the Commissioner of Education. |
| 443 | (g) The chief executive officer shall provide a copy of |
| 444 | the institute's annual report to the Governor and Cabinet, the |
| 445 | President of the Senate, the Speaker of the House of |
| 446 | Representatives, and the chair of the State Board of Education. |
| 447 | The annual report shall describe the expenditure of all funds |
| 448 | and shall provide information regarding research that has been |
| 449 | conducted or funded by the center, as well as the expected and |
| 450 | actual results of such research. |
| 451 | (h) By August 1 of each year, the chief executive officer |
| 452 | shall develop and submit to the Governor and Cabinet, the |
| 453 | President of the Senate, the Speaker of the House of |
| 454 | Representatives, and the chair of the State Board of Education |
| 455 | an annual operating budget detailing the planned use of state, |
| 456 | federal, and private funds for the fiscal year. |
| 457 | (8)(a) Applications for Alzheimer's disease research |
| 458 | funding may be submitted from any university or established |
| 459 | research institute in the state. All qualified investigators in |
| 460 | the state, regardless of institutional affiliation, shall have |
| 461 | equal access and opportunity to compete for the research |
| 462 | funding. Grants shall be awarded by the board of directors of |
| 463 | the not-for-profit corporation on the basis of scientific merit, |
| 464 | as determined by an open, competitive peer review process that |
| 465 | ensures objectivity, consistency, and high quality. The |
| 466 | following types of applications shall be considered for funding: |
| 467 | 1. Investigator-initiated research grants. |
| 468 | 2. Institutional research grants. |
| 469 | (b) To ensure that all proposals for research funding are |
| 470 | appropriate and are evaluated fairly on the basis of scientific |
| 471 | merit, the board of directors of the not-for-profit corporation, |
| 472 | in consultation with the council of scientific advisors, shall |
| 473 | appoint a peer review panel of independent, scientifically |
| 474 | qualified individuals to review the scientific content of each |
| 475 | proposal and establish its scientific priority score. The |
| 476 | priority scores shall be forwarded to the council and must be |
| 477 | considered in determining which proposals shall be recommended |
| 478 | for funding. |
| 479 | (c) The council of scientific advisors and the peer review |
| 480 | panel shall establish and follow rigorous guidelines for ethical |
| 481 | conduct and adhere to a strict policy with regard to conflict of |
| 482 | interest. All employees, members of the board of directors, and |
| 483 | affiliates of the not-for-profit corporation shall follow the |
| 484 | same rigorous guidelines for ethical conduct and shall adhere to |
| 485 | the same strict policy with regard to conflict of interest. A |
| 486 | member of the council or panel may not participate in any |
| 487 | discussion or decision with respect to a research proposal by |
| 488 | any firm, entity, or agency with which the member is associated |
| 489 | as a member of the governing body or as an employee or with |
| 490 | which the member has entered into a contractual arrangement. |
| 491 | Meetings of the council and the peer review panels are subject |
| 492 | to chapter 119, s. 286.011, and s. 24, Art. I of the State |
| 493 | Constitution. |
| 494 | (12) The Legislature may annually appropriate funds to the |
| 495 | Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute |
| 496 | at the University of South Florida for the purposes of this |
| 497 | section. |
| 498 | Section 11. All appointments to the board of directors of |
| 499 | the not-for-profit corporation for the Johnnie B. Byrd, Sr., |
| 500 | Alzheimer's Center and Research Institute that were not made in |
| 501 | accordance with s. 1004.445, Florida Statutes, as amended by |
| 502 | this act, shall expire June 30, 2006, but such appointees may |
| 503 | continue to serve until their successors are appointed. This |
| 504 | section shall take effect upon this act becoming a law. |
| 505 | Section 12. (1) The sum of $6 million is appropriated |
| 506 | from the General Revenue Fund to the Biomedical Research Trust |
| 507 | Fund in the Department of Health for fiscal year 2006-2007 for |
| 508 | purposes of the James and Esther King Biomedical Research |
| 509 | Program pursuant to s. 215.5602, Florida Statutes. From these |
| 510 | funds up to $250,000 shall be available for the operating costs |
| 511 | of the Florida Center for Universal Research to Eradicate |
| 512 | Disease. |
| 513 | (2) The sum of $9 million is appropriated from the General |
| 514 | Revenue Fund to the Biomedical Research Trust Fund within the |
| 515 | Department of Health for purposes of the William G. "Bill" |
| 516 | Bankhead, Jr., and David Coley Cancer Research Program for the |
| 517 | 2006-2007 fiscal year, and shall be distributed pursuant to s. |
| 518 | 381.922, Florida Statutes, to provide grants to researchers |
| 519 | seeking cures for cancer, with emphasis given to the goals |
| 520 | enumerated in s. 381.921, Florida Statutes. From the total funds |
| 521 | appropriated, an amount of up to 10 percent may be used for |
| 522 | administrative expenses. |
| 523 | (3) The sum of $15 million is appropriated from the |
| 524 | General Revenue Fund to the Grants and Donations Trust Fund |
| 525 | within the Department of Elderly Affairs for the Johnnie B. |
| 526 | Byrd, Sr., Alzheimer's Center and Research Institute at the |
| 527 | University of South Florida for fiscal year 2006-2007 for the |
| 528 | purposes of conducting research, developing and operating |
| 529 | integrated data projects, and providing assistance to memory |
| 530 | disorder clinics as provided under s. 430.502, Florida Statutes. |
| 531 | These funds may not be used for any other purpose. Not less than |
| 532 | 80 percent of these funds shall be distributed by the center as |
| 533 | institutional research grants or investigator-initiated research |
| 534 | grants. |
| 535 | Section 13. Except as otherwise expressly provided in this |
| 536 | act and except for this section, which shall take effect upon |
| 537 | this act becoming a law, this act shall take effect July 1, |
| 538 | 2006. |