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