HB 1027

CS

CHAMBER ACTION

1	The Health Care General Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
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. 215.5601,
11	F.S.; providing for deposit of certain proceeds of the
12	Lawton Chiles Endowment Fund into the Biomedical Research
13	Trust Fund for purposes of the William G. "Bill" Bankhead,
14	Jr., and David Coley Cancer Research Program; amending s.
15	215.5602, F.S.; revising the membership and the method for
16	appointing members to the Biomedical Research Advisory
17	Council; requiring the council to award grants for cancer
18	research through the William G. "Bill" Bankhead, Jr., and
19	David Coley Cancer Research Program; providing for the
20	repeal of the James and Esther King Biomedical Research
21	Program; requiring the Legislature to review the program
22	prior to the repeal; providing for transition to new
23	appointments; amending s. 381.855, F.S.; revising the
24	membership of the advisory council for the Florida Center
25	for Universal Research to Eradicate Disease; providing for
26	terms of office and the filling of vacancies; providing
27	for officers, meetings, and procedures; providing for
28	transition to new appointments; amending s. 381.921, F.S.;
29	revising a goal of the Florida Cancer Council; creating s.
30	381.922, F.S.; establishing the William G. "Bill"
31	Bankhead, Jr., and David Coley Cancer Research Program
32	within the Department of Health; providing the purpose of
33	the program; requiring the program to provide grants for
34	cancer research; providing procedures for awarding cancer
35	research grants; providing for peer review panels;
36	providing requirements with respect to ethical conduct and
37	conflicts of interest; providing for public records and
38	meetings; requiring an annual report; providing for the
39	repeal of William G. "Bill" Bankhead, Jr., and David Coley
40	Cancer Research Program; requiring the Legislature to
41	review the program prior to the repeal; amending s.
42	381.98, F.S., revising the purpose, duties, and authority
43	of the Florida Public Health Foundation, Inc.; amending s.
44	430.41, F.S., providing for the Governor to certify
45	certain funds for a certain number of years; amending s.
46	561.121, F.S.; redistributing certain funds collected from
47	taxes on alcoholic beverages; amending s. 1004.445, F.S.;
48	revising the method of appointing and filling vacancies on
49	the board of directors of the Johnnie B. Byrd, Sr.,
50	Alzheimer's Center and Research Institute; requiring
51	certain information in the annual report; requiring an
52	annual operating budget; providing procedures for awarding
53	of Alzheimer's disease research grants; providing for peer
54	review panels; providing requirements with respect to
55	ethical conduct and conflicts of interest; providing for
56	public records and meetings; providing for the repeal of
57	Johnnie B. Byrd, Sr., Alzheimer's Center and Research
58	Institute; requiring the Legislature to review the center
59	and institute prior to the repeal; providing for
60	transition to new appointments; providing appropriations;
61	providing effective dates.
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  It is the intent of the Legislature to provide
66	funding to support grants for biomedical research in this state
67	with the anticipation that sustained funding for biomedical
68	research over a period of years will lead to an alleviation of
69	human suffering from diseases such as cancer and Alzheimer's
70	disease. It is the intent of the Legislature to dramatically
71	reduce this state's inordinately high cancer burden, reducing
72	both cancer incidence and mortality, while advancing scientific
73	endeavors in this state, making this state a world-class leader
74	in cancer research and treatment. Further, it is the intent of
75	the Legislature to address the debilitating and deadly effects
76	of Alzheimer's disease by supporting research in Alzheimer's
77	disease statewide through the awarding of research grants on a
78	competitive basis. Additionally, it is the intent of the
79	Legislature to stimulate dramatic economic development,
80	particularly in the biotechnology industry, through investment
81	in this state's biomedical research.
82	Section 2.  Paragraph (h) of subsection (1) of section
83	20.435, Florida Statutes, is amended to read:
84	20.435  Department of Health; trust funds.--
85	(1)  The following trust funds are hereby created, to be
86	administered by the Department of Health:
87	(h)  Biomedical Research Trust Fund.
88	1.  Funds to be credited to the trust fund shall consist of
89	funds deposited pursuant to s. 215.5601. Funds shall be used for
90	the purposes of the James and Esther King Biomedical Research
91	Program and the William G. "Bill" Bankhead, Jr., and David Coley
92	Cancer Research Program as specified in ss. 215.5602, and
93	288.955, and 381.922. The trust fund is exempt from the service
94	charges imposed by s. 215.20.
95	2.  Notwithstanding the provisions of s. 216.301 and
96	pursuant to s. 216.351, any balance in the trust fund at the end
97	of any fiscal year shall remain in the trust fund at the end of
98	the year and shall be available for carrying out the purposes of
99	the trust fund. The department may invest these funds
100	independently through the Chief Financial Officer or may
101	negotiate a trust agreement with the State Board of
102	Administration for the investment management of any balance in
103	the trust fund.
104	3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
105	any balance of any appropriation from the Biomedical Research
106	Trust Fund which is not disbursed but which is obligated
107	pursuant to contract or committed to be expended may be
108	certified by the Governor for up to 3 years following the
109	effective date of the original appropriation.
110	4.  The trust fund shall, unless terminated sooner, be
111	terminated on July 1, 2008.
112	Section 3.  Paragraph (a) of subsection (5) of section
113	215.5601, Florida Statutes, is amended to read:
114	215.5601  Lawton Chiles Endowment Fund.--
115	(5)  AVAILABILITY OF FUNDS; USES.--
116	(a)  Funds from the endowment which are available for
117	legislative appropriation shall be transferred by the board to
118	the Department of Financial Services Tobacco Settlement Clearing
119	Trust Fund, created in s. 17.41, and disbursed in accordance
120	with the legislative appropriation.
121	1.  Appropriations by the Legislature to the Department of
122	Health from endowment earnings from the principal set aside for
123	biomedical research shall be from a category called the James
124	and Esther King Biomedical Research Program and a category
125	called the William G. "Bill" Bankhead, Jr., and David Coley
126	Cancer Research Program and shall be deposited into the
127	Biomedical Research Trust Fund in the Department of Health
128	established in s. 20.435.
129	2.  Appropriations by the Legislature to the Department of
130	Children and Family Services, the Department of Health, or the
131	Department of Elderly Affairs from endowment earnings for health
132	and human services programs shall be deposited into each
133	department's respective Tobacco Settlement Trust Fund as
134	appropriated.
135	Section 4.  Subsection (3) of section 215.5602, Florida
136	Statutes, is amended, and subsections (11) through (14) are
137	added to that section, to read:
138	215.5602  James and Esther King Biomedical Research
139	Program.--
140	(3)  There is created within the Department of Health the
141	Biomedical Research Advisory Council.
142	(a)  The council shall consist of 11 nine members,
143	including: the chief executive officer of the Florida Division
144	of the American Cancer Society, or a designee; the chief
145	executive officer of the Florida/Puerto Rico Affiliate of the
146	American Heart Association, or a designee; and the chief
147	executive officer of the American Lung Association of Florida,
148	or a designee. The Governor shall appoint the remaining eight
149	six members of the council shall be appointed, as follows:
150	1.  The Governor shall appoint four members, two members
151	with expertise in the field of biomedical research, one member
152	from a research university in the state, and one member
153	representing the general population of the state.
154	2.  The President of the Senate shall appoint two members,
155	one member with expertise in the field of behavioral or social
156	research and one representative from a cancer program approved
157	by the American College of Surgeons.
158	3.  The Speaker of the House of Representatives shall
159	appoint two members, one member from a professional medical
160	organization and one representative from a cancer program
161	approved by the American College of Surgeons.
162	4.  One member from a research university in the state.
163	5.  One member representing the general population of the
164	state.
165
166	In making these his or her appointments, the Governor, the
167	President of the Senate, and the Speaker of the House of
168	Representatives shall select primarily, but not exclusively,
169	Floridians with biomedical and lay expertise in the general
170	areas of cancer, cardiovascular disease, stroke, and pulmonary
171	disease. The Governor's appointments shall be for a 3-year term
172	and shall reflect the diversity of the state's population. An
173	appointed A council member appointed by the Governor may not
174	serve more than two consecutive terms.
175	(b)  The council shall adopt internal organizational
176	procedures as necessary for its efficient organization.
177	(c)  The department shall provide such staff, information,
178	and other assistance as is reasonably necessary to assist the
179	council in carrying out its responsibilities.
180	(d)  Members of the council shall serve without
181	compensation, but may receive reimbursement as provided in s.
182	112.061 for travel and other necessary expenses incurred in the
183	performance of their official duties.
184	(11)  The council shall award grants for cancer research
185	through the William G. "Bill" Bankhead, Jr., and David Coley
186	Cancer Research Program created in s. 381.922.
187	(12)  By June 1, 2009, the Division of Statutory Revision
188	of the Office of Legislative Services shall certify to the
189	President of the Senate and the Speaker of the House of
190	Representatives the language and statutory citation of this
191	section, which is scheduled to expire January 1, 2011.
192	(13)  The Legislature shall review the performance, the
193	outcomes, and the financial management of the James and Esther
194	King Biomedical Research Program during the 2010 Regular Session
195	of the Legislature and shall determine the most appropriate
196	funding source and means of funding the program based on its
197	review.
198	(14)  This section expires January 1, 2011, unless reviewed
199	and reenacted by the Legislature before that date.
200	Section 5.  All appointments to the Biomedical Research
201	Advisory Council for the James and Esther King Biomedical
202	Research Program that were not made in accordance with s.
203	215.5602, Florida Statutes, as amended by this act, shall expire
204	June 30, 2006, but such appointees may continue to serve until
205	their successors are appointed. This section shall take effect
206	upon this act becoming a law.
207	Section 6.  Subsection (5) of section 381.855, Florida
208	Statutes, is amended, and subsections (6) and (7) are added to
209	that section, to read:
210	381.855  Florida Center for Universal Research to Eradicate
211	Disease.--
212	(5)  There is established within the center an advisory
213	council that shall meet at least annually.
214	(a)  The council shall consist of one representative from a
215	Florida not-for-profit institution engaged in basic and clinical
216	biomedical research and education which receives more than $10
217	million in annual grant funding from the National Institutes of
218	Health, to be appointed by the Secretary of Health from a
219	different institution each term, and the members of the board of
220	directors of the Florida Research Consortium and at least one
221	representative from and appointed by each of the following
222	entities:
223	1.  The Emerging Technology Commission.
224	1.2.  Enterprise Florida, Inc.
225	2.3.  BioFlorida.
226	3.4.  The Biomedical Research Advisory Council.
227	4.5.  The Florida Medical Foundation.
228	5.6.  Pharmaceutical Research and Manufacturers of America.
229	7.  The Florida Tri-Agency Coalition on Smoking OR Health.
230	6.8.  The Florida Cancer Council.
231	7.9.  The American Cancer Society, Florida Division, Inc.
232	8.10.  The American Heart Association.
233	9.11.  The American Lung Association of Florida.
234	10.12.  The American Diabetes Association, South Coastal
235	Region.
236	11.13.  The Alzheimer's Association.
237	12.14.  The Epilepsy Foundation.
238	13.15.  The National Parkinson Foundation.
239	14.16.  The Florida Public Health Foundation, Inc.
240	15.17.  The Florida Research Consortium Scripps Florida or
241	the entity formed in this state by The Scripps Research
242	Institute.
243	(b)  Members of the council shall serve without
244	compensation, and each organization represented shall cover all
245	expenses of its representative.
246	(6)  Members shall be appointed to 4-year terms of office.
247	The members of the advisory council shall annually elect a chair
248	from among the members of the advisory council. Any vacancy on
249	the advisory council shall be filled in the same manner as the
250	original appointment.
251	(7)  The advisory council shall meet at least annually, but
252	may meet as often as it deems necessary to carry out its duties
253	and responsibilities. The advisory council may take official
254	action by a majority vote of the members present at any meeting
255	at which a quorum is present.
256	Section 7.  All appointments to the advisory council for
257	the Florida Center for Universal Research to Eradicate Disease
258	which were not made in accordance with s. 381.855, Florida
259	Statutes, as amended by this act, shall expire June 30, 2006,
260	but such appointees may continue to serve until their successors
261	are appointed. This section shall take effect upon this act
262	becoming a law.
263	Section 8.  Subsection (1) of section 381.921, Florida
264	Statutes, is amended to read:
265	381.921  Florida Cancer Council mission and duties.--The
266	council, which shall work in concert with the Florida Center for
267	Universal Research to Eradicate Disease to ensure that the goals
268	of the center are advanced, shall endeavor to dramatically
269	improve cancer research and treatment in this state through:
270	(1)  Efforts to significantly expand cancer research
271	capacity in the state by:
272	(a)  Identifying ways to attract new research talent and
273	attendant national grant-producing researchers to Florida-based
274	cancer research facilities in this state;
275	(b)  Implementing a peer-reviewed, competitive process to
276	identify and fund the best proposals to expand cancer research
277	institutes in this state;
278	(c)  Funding through available resources for those
279	proposals that demonstrate the greatest opportunity to attract
280	federal research grants and private financial support;
281	(d)  Encouraging the employment of bioinformatics in order
282	to create a cancer informatics infrastructure that enhances
283	information and resource exchange and integration through
284	researchers working in diverse disciplines, to facilitate the
285	full spectrum of cancer investigations;
286	(e)  Facilitating the technical coordination, business
287	development, and support of intellectual property as it relates
288	to the advancement of cancer research; and
289	(f)  Aiding in other multidisciplinary research-support
290	activities as they inure to the advancement of cancer research.
291	Section 9.  Section 381.922, Florida Statutes, is created
292	to read:
293	381.922  William G. "Bill" Bankhead, Jr., and David Coley
294	Cancer Research Program.--
295	(1)  The William G. "Bill" Bankhead, Jr., and David Coley
296	Cancer Research Program, which may be otherwise cited as the
297	"Bankhead-Coley Program," is created within the Department of
298	Health funded by the proceeds of the Lawton Chiles Endowment
299	Fund pursuant to s. 215.5601. The purpose of the program shall
300	be to advance progress towards cures for cancer through grants
301	awarded through a peer-reviewed, competitive process.
302	(2)  The program shall provide grants for cancer research
303	to further the search for cures for cancer.
304	(a)  Emphasis shall be given to the goals enumerated in s.
305	381.921, as those goals support the advancement of such cures.
306	(b)  Preference may be given to grant proposals that foster
307	collaborations among institutions, researchers, and community
308	practitioners, as such proposals support the advancement of
309	cures through basic or applied research, including clinical
310	trials involving cancer patients and related networks.
311	(3)(a)  Applications for funding for cancer research may be
312	submitted by any university or established research institute in
313	the state. All qualified investigators in the state, regardless
314	of institutional affiliation, shall have equal access and
315	opportunity to compete for the research funding. Collaborative
316	proposals, including those that advance the program's goals
317	enumerated in subsection (2), may be given preference. Grants
318	shall be awarded by the Secretary of Health, after consultation
319	with the Biomedical Research Advisory Council, on the basis of
320	scientific merit, as determined by an open, competitive peer
321	review process that ensures objectivity, consistency, and high
322	quality. The following types of applications shall be considered
323	for funding:
324	1.  Investigator-initiated research grants.
325	2.  Institutional research grants.
326	3.  Collaborative research grants, including those that
327	advance the finding of cures through basic or applied research.
328	(b)  In order to ensure that all proposals for research
329	funding are appropriate and are evaluated fairly on the basis of
330	scientific merit, the Secretary of Health, in consultation with
331	the council, shall appoint a peer review panel of independent,
332	scientifically qualified individuals to review the scientific
333	content of each proposal and establish its priority score. The
334	priority scores shall be forwarded to the council and must be
335	considered in determining which proposals shall be recommended
336	for funding.
337	(c)  The council and the peer review panel shall establish
338	and follow rigorous guidelines for ethical conduct and adhere to
339	a strict policy with regard to conflicts of interest. A member
340	of the council or panel may not participate in any discussion or
341	decision with respect to a research proposal by any firm,
342	entity, or agency with which the member is associated as a
343	member of the governing body or as an employee or with which the
344	member has entered into a contractual arrangement. Meetings of
345	the council and the peer review panels are subject to chapter
346	119, s. 286.011, and s. 24, Art. I of the State Constitution.
347	(4)  By December 15 of each year, the Department of Health
348	shall submit to the Governor, the President of the Senate, and
349	the Speaker of the House of Representatives a report indicating
350	progress towards the program's mission and making
351	recommendations that further its purpose.
352	(5)  By June 1, 2009, the Division of Statutory Revision of
353	the Office of Legislative Services shall certify to the
354	President of the Senate and the Speaker of the House of
355	Representatives the language and statutory citation of this
356	section, which is scheduled to expire January 1, 2011.
357	(6)  The Legislature shall review the performance, the
358	outcomes, and the financial management of the William G. "Bill"
359	Bankhead, Jr., and David Coley Cancer Research Program during
360	the 2010 Regular Session of the Legislature and shall determine
361	the most appropriate funding source and means of funding the
362	program based on its review.
363	(7)  This section expires January 1, 2011, unless reviewed
364	and reenacted by the Legislature before that date.
365	Section 10.  Subsection (1) of section 381.98, Florida
366	Statutes, is amended, present subsection (10) is renumbered as
367	subsection (12), and new subsections (10) and (11) are added to
368	that section, to read:
369	381.98  The Florida Public Health Foundation, Inc.;
370	establishment; purpose; mission; duties; board of directors.--
371	(1)  The Florida Public Health Foundation, Inc., referred
372	to in this section as "the corporation," is established for the
373	purpose of disseminating breakthrough findings in biomedical
374	research and promoting health awareness in this state and
375	providing services to the Department of Health.
376	(10)  The corporation may provide personnel to the
377	Department of Health for the purpose of performing duties and
378	responsibilities outlined in private and public grants received
379	by the Department of Health. These personnel are not state
380	employees and are not entitled to retirement credit and other
381	benefits provided to state employees under chapters 110 and 112.
382	These personnel shall perform services pursuant to an agreement
383	between the corporation and the Department of Health.
384	(11)  The corporation may purchase goods, services, and
385	property for use by the Department of Health. These purchases
386	are not subject to the provisions of chapters 253, 255, and 287,
387	nor to the control or direction of the Department of
388	Environmental Protection or the Department of Management
389	Services.
390	Section 11.  Subsection (3) is added to section 430.41,
391	Florida Statutes, to read:
392	430.41  Grants and Donations Trust Fund.--
393	(3)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
394	any balance of any general revenue appropriation to the Grants
395	and Donations Trust Fund that is not disbursed but that is
396	obligated pursuant to contract or committed to be expended may
397	be certified by the Governor for up to 3 years following the
398	effective date of the original appropriation.
399	Section 12.  Subsection (1) of section 561.121, Florida
400	Statutes, is amended to read:
401	561.121  Deposit of revenue.--
402	(1)  All state funds collected pursuant to ss. 563.05,
403	564.06, and 565.12 shall be paid into the State Treasury and
404	disbursed in the following manner:
405	(a)1.  Two percent of monthly collections of the excise
406	taxes on alcoholic beverages established in ss. 563.05, 564.06,
407	and 565.12 shall be deposited into the Alcoholic Beverage and
408	Tobacco Trust Fund to meet the division's appropriation for the
409	state fiscal year.
410	2.  Beginning July 1, 2004, there is annually distributed
411	$15 million to the Grants and Donations Trust Fund within the
412	Department of Elderly Affairs, and these funds are annually
413	appropriated to support a contract with the Johnnie B. Byrd,
414	Sr., Alzheimer's Center and Research Institute at the University
415	of South Florida for the purposes of conducting research,
416	developing and operating integrated data projects, and providing
417	assistance to memory disorder clinics as established in s.
418	430.502.
419	3.  Beginning July 1, 2004, there is annually distributed
420	$6 million to the Biomedical Research Trust Fund within the
421	Department of Health, and these funds are annually appropriated
422	to the James and Esther King Biomedical Research Program. From
423	these funds, up to $250,000 shall be available annually for the
424	operating costs of the Florida Center for Universal Research to
425	Eradicate Disease.
426	4.  Beginning July 1, 2004, there is annually distributed
427	$9 million to be paid by warrant drawn by the Chief Financial
428	Officer upon the State Treasury to Florida State University for
429	the School of Chiropractic Medicine. Notwithstanding the
430	provisions of chapter 216, until the School of Chiropractic
431	Medicine is completely staffed and fully operational, these
432	funds may be used for any purpose by the university.
433	(b)  The remainder of the funds collected pursuant to ss.
434	563.05, 564.06, and 565.12 collection shall be credited to the
435	General Revenue Fund.
436	Section 13.  Subsections (2) and (6) of section 1004.445,
437	Florida Statutes, are amended, present subsections (8), (9), and
438	(10) are renumbered as subsections (9), (10), and (11),
439	respectively, and new subsections (8), (12), (13), and (14) are
440	added to that section, to read:
441	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
442	Research Institute.--
443	(2)(a)  The State Board of Education shall enter into an
444	agreement for the utilization of the facilities on the campus of
445	the University of South Florida to be known as the Johnnie B.
446	Byrd, Sr., Alzheimer's Center and Research Institute, including
447	all furnishings, equipment, and other chattels used in the
448	operation of those facilities, with a Florida not-for-profit
449	corporation organized solely for the purpose of governing and
450	operating the Johnnie B. Byrd, Sr., Alzheimer's Center and
451	Research Institute. This not-for-profit corporation, acting as
452	an instrumentality of the state, shall govern and operate the
453	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
454	in accordance with the terms of the agreement between the State
455	Board of Education and the not-for-profit corporation. The not-
456	for-profit corporation may, with the prior approval of the State
457	Board of Education, create either for-profit or not-for-profit
458	corporate subsidiaries, or both, to fulfill its mission. The
459	not-for-profit corporation and its subsidiaries are authorized
460	to receive, hold, invest, and administer property and any moneys
461	acquired from private, local, state, and federal sources, as
462	well as technical and professional income generated or derived
463	from practice activities of the institute, for the benefit of
464	the institute and the fulfillment of its mission.
465	(b)1.  The affairs of the not-for-profit corporation shall
466	be managed by a board of directors who shall serve without
467	compensation. The board of directors shall consist of the
468	President of the University of South Florida and the chair of
469	the State Board of Education, or their designees, five 5
470	representatives of the state universities, and nine no fewer
471	than 9 nor more than 14 representatives of the public who are
472	neither medical doctors nor state employees. Each director who
473	is a representative of a state university or of the public shall
474	be appointed to serve a term of 3 years. The chair of the board
475	of directors shall be selected by a majority vote of the
476	directors. Each director shall have only one vote.
477	2.  The initial board of directors shall consist of the
478	President of the University of South Florida and the chair of
479	the State Board of Education, or their designees; the Of the
480	five university representatives, of whom one shall be appointed
481	by the Governor, two by the President of the Senate, and two by
482	the Speaker of the House of Representatives; and of the nine
483	public representatives, of whom three shall be appointed by the
484	Governor, three by the President of the Senate, and three by the
485	Speaker of the House of Representatives. Upon the expiration of
486	the terms of the initial appointed directors, all directors
487	subject to 3-year terms of office under this paragraph shall be
488	appointed by a majority vote of the directors and the board may
489	be expanded to include additional public representative
490	directors up to the maximum number allowed. Any vacancy in
491	office shall be filled in the same manner as the original
492	appointment for the remainder of the term by majority vote of
493	the directors. Any director may be reappointed.
494	(6)  The institute shall be administered by a chief
495	executive officer, who shall be appointed by and serve at the
496	pleasure of the board of directors of the not-for-profit
497	corporation, and who shall exercise the following powers and
498	duties, subject to the approval of the board of directors:
499	(a)  The chief executive officer shall establish programs
500	that fulfill the mission of the institute in research,
501	education, treatment, prevention, and early detection of
502	Alzheimer's disease; however, the chief executive officer may
503	not establish academic programs for which academic credit is
504	awarded and which culminate in the conferring of a degree,
505	without prior approval of the State Board of Education.
506	(b)  The chief executive officer shall have control over
507	the budget and the moneys appropriated or donated to the
508	institute from private, local, state, and federal sources, as
509	well as technical and professional income generated or derived
510	from practice activities of the institute. However, professional
511	income generated by university faculty from practice activities
512	at the institute shall be shared between the institute and the
513	university as determined by the chief executive officer and the
514	appropriate university dean or vice president.
515	(c)  The chief executive officer shall appoint
516	representatives of the institute to carry out the research,
517	patient care, and educational activities of the institute and
518	establish the compensation, benefits, and terms of service of
519	such representatives. Representatives of the institute shall be
520	eligible to hold concurrent appointments at affiliated academic
521	institutions. University faculty shall be eligible to hold
522	concurrent appointments at the institute.
523	(d)  The chief executive officer shall have control over
524	the use and assignment of space and equipment within the
525	facilities.
526	(e)  The chief executive officer shall have the power to
527	create the administrative structure necessary to carry out the
528	mission of the institute.
529	(f)  The chief executive officer shall have a reporting
530	relationship to the Commissioner of Education.
531	(g)  The chief executive officer shall provide a copy of
532	the institute's annual report to the Governor and Cabinet, the
533	President of the Senate, the Speaker of the House of
534	Representatives, and the chair of the State Board of Education.
535	The annual report shall describe the expenditure of all funds
536	and shall provide information regarding research that has been
537	conducted or funded by the center, as well as the expected and
538	actual results of such research.
539	(h)  By August 1 of each year, the chief executive officer
540	shall develop and submit to the Governor and Cabinet, the
541	President of the Senate, the Speaker of the House of
542	Representatives, and the chair of the State Board of Education
543	an annual operating budget detailing the planned use of state,
544	federal, and private funds for the fiscal year.
545	(8)(a)  Applications for Alzheimer's disease research
546	funding may be submitted from any university or established
547	research institute in the state. All qualified investigators in
548	the state, regardless of institutional affiliation, shall have
549	equal access and opportunity to compete for the research
550	funding. Grants shall be awarded by the board of directors of
551	the not-for-profit corporation on the basis of scientific merit,
552	as determined by an open, competitive peer review process that
553	ensures objectivity, consistency, and high quality. The
554	following types of applications shall be considered for funding:
555	1.  Investigator-initiated research grants.
556	2.  Institutional research grants.
557	3.  Collaborative research grants, including those that
558	advance the finding of cures through basic or applied research.
559	(b)  Preference may be given to grant proposals that foster
560	collaboration among institutions, researchers, and community
561	practitioners because these proposals support the advancement of
562	cures through basic or applied research, including clinical
563	trials involving Alzheimer's patients and related networks.
564	(c)  To ensure that all proposals for research funding are
565	appropriate and are evaluated fairly on the basis of scientific
566	merit, the board of directors of the not-for-profit corporation,
567	in consultation with the council of scientific advisors, shall
568	appoint a peer review panel of independent, scientifically
569	qualified individuals to review the scientific content of each
570	proposal and establish its scientific priority score. The
571	priority scores shall be forwarded to the council and must be
572	considered in determining which proposals shall be recommended
573	for funding.
574	(d)  The council of scientific advisors and the peer review
575	panel shall establish and follow rigorous guidelines for ethical
576	conduct and adhere to a strict policy with regard to conflict of
577	interest. All employees, members of the board of directors, and
578	affiliates of the not-for-profit corporation shall follow the
579	same rigorous guidelines for ethical conduct and shall adhere to
580	the same strict policy with regard to conflict of interest. A
581	member of the council or panel may not participate in any
582	discussion or decision with respect to a research proposal by
583	any firm, entity, or agency with which the member is associated
584	as a member of the governing body or as an employee or with
585	which the member has entered into a contractual arrangement.
586	Meetings of the council and the peer review panels are subject
587	to chapter 119, s. 286.011, and s. 24, Art. I of the State
588	Constitution.
589	(12)  By June 1, 2009, the Division of Statutory Revision
590	of the Office of Legislative Services shall certify to the
591	President of the Senate and the Speaker of the House of
592	Representatives the language and statutory citation of this
593	section, which is scheduled to expire January 1, 2011.
594	(13)  The Legislature shall review the performance, the
595	outcomes, and the financial management of the Johnnie B. Byrd,
596	Sr., Alzheimer's Center and Research Institute during the 2010
597	Regular Session of the Legislature and shall determine the most
598	appropriate funding source and means of funding the center and
599	institute based on its review.
600	(14)  This section expires January 1, 2011, unless reviewed
601	and reenacted by the Legislature before that date.
602	Section 14.  All appointments to the board of directors of
603	the not-for-profit corporation for the Johnnie B. Byrd, Sr.,
604	Alzheimer's Center and Research Institute that were not made in
605	accordance with s. 1004.445, Florida Statutes, as amended by
606	this act, shall expire June 30, 2006, but such appointees may
607	continue to serve until their successors are appointed. This
608	section shall take effect upon this act becoming a law.
609	Section 15.  (1)  The sum of $6 million is appropriated
610	from recurring general revenue funds to the Biomedical Research
611	Trust Fund within the Department of Health for fiscal year 2006-
612	2007 for purposes of the James and Esther King Biomedical
613	Research Program pursuant to s. 215.5602, Florida Statutes. From
614	these funds up to $250,000 shall be available for the operating
615	costs of the Florida Center for Universal Research to Eradicate
616	Disease.
617	(2)  The sum of $9 million is appropriated from recurring
618	general revenue funds to the Biomedical Research Trust Fund
619	within the Department of Health for purposes of the William G.
620	"Bill" Bankhead, Jr., and David Coley Cancer Research Program
621	for the 2006-2007 fiscal year, and shall be distributed pursuant
622	to s. 381.922, Florida Statutes, to provide grants to
623	researchers seeking cures for cancer, with emphasis given to the
624	goals enumerated in s. 381.921, Florida Statutes. From the total
625	funds appropriated, an amount of up to 10 percent may be used
626	for administrative expenses.
627	(3)  The sum of $15 million is appropriated from recurring
628	general revenue funds to the Grants and Donations Trust Fund
629	within the Department of Elderly Affairs for the Johnnie B.
630	Byrd, Sr., Alzheimer's Center and Research Institute at the
631	University of South Florida for fiscal year 2006-2007 for the
632	purposes of conducting and supporting research, providing
633	institutional research grants and investigator-initiated
634	research grants, developing and operating integrated data
635	projects, and providing assistance to statutorily designated
636	memory disorder clinics as provided under s. 430.502, Florida
637	Statutes. Not less than 80 percent of the appropriated funds
638	shall be expended for these purposes and not less than 20
639	percent of the appropriated funds shall be expended for peer-
640	reviewed investigator-initiated research grants.
641	Section 16.  Except as otherwise expressly provided in this
642	act and except for this section, which shall take effect upon
643	this act becoming a law, this act shall take effect July 1,
644	2006.

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