HB 1027

1
A bill to be entitled
2An act relating to biomedical research; providing
3legislative intent; amending s. 20.435, F.S.; authorizing
4the use of funds in the Biomedical Research Trust Fund for
5the purposes of the William G. "Bill" Bankhead, Jr., and
6David Coley Cancer Research Program; amending s. 215.5602,
7F.S.; revising the membership and the method for
8appointing members to the Biomedical Research Advisory
9Council; requiring the council to award grants for cancer
10research through the William G. "Bill" Bankhead, Jr., and
11David Coley Cancer Research Program; providing for the
12repeal of the James and Esther King Biomedical Research
13Program; requiring the Legislature to review the program
14prior to the repeal; providing for transition to new
15appointments; amending s. 381.855, F.S.; revising the
16membership of the advisory council for the Florida Center
17for Universal Research to Eradicate Disease; providing for
18terms of office and the filling of vacancies; providing
19for officers, meetings, and procedures; providing for
20transition to new appointments; amending s. 381.921, F.S.;
21revising a goal of the Florida Cancer Council; creating s.
22381.922, F.S.; establishing the William G. "Bill"
23Bankhead, Jr., and David Coley Cancer Research Program
24within the Department of Health; providing the purpose of
25the program; requiring the program to provide grants for
26cancer research; providing procedures for awarding cancer
27research grants; providing for peer review panels;
28providing requirements with respect to ethical conduct and
29conflicts of interest; providing for public records and
30meetings; requiring an annual report; providing for the
31repeal of William G. "Bill" Bankhead, Jr., and David Coley
32Cancer Research Program; requiring the Legislature to
33review the program prior to the repeal; amending s.
34381.98, F.S., revising the purpose, duties, and authority
35of the Florida Public Health Foundation, Inc.; revising
36the membership of the board of directors of the
37corporation; amending s. 430.41, F.S., providing for the
38Governor to certify certain funds for a certain number of
39years; amending s. 561.121, F.S.; redistributing certain
40funds collected from taxes on alcoholic beverages;
41amending s. 1004.445, F.S.; revising the method of
42appointing and filling vacancies on the Johnnie B. Byrd,
43Sr., Alzheimer's Center and Research Institute board of
44directors; requiring certain information in the annual
45report; requiring an annual operating budget; providing
46procedures for awarding of Alzheimer's disease research
47grants; providing for peer review panels; providing
48requirements with respect to ethical conduct and conflicts
49of interest; providing for public records and meetings;
50providing for the repeal of Johnnie B. Byrd, Sr.,
51Alzheimer's Center and Research Institute; requiring the
52Legislature to review the center and institute prior to
53the repeal; providing appropriations; providing for the
54transition of new appointments to the board of directors
55of the not-for-profit corporation for the Johnnie B. Byrd,
56Sr., Alzheimer's Center and Research Institute; providing
57effective dates.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  It is the intent of the Legislature to provide
62funding to support grants for biomedical research in this state
63with the anticipation that sustained funding for biomedical
64research over a period of years will lead to an alleviation of
65human suffering from diseases such as cancer and Alzheimer's
66disease. It is the intent of the Legislature to dramatically
67reduce this state's inordinately high cancer burden, reducing
68both cancer incidence and mortality, while advancing scientific
69endeavors in this state, making this state a world-class leader
70in cancer research and treatment. Further, it is the intent of
71the Legislature to address the debilitating and deadly effects
72of Alzheimer's disease by supporting research in Alzheimer's
73disease statewide through the awarding of research grants on a
74competitive basis. Additionally, it is the intent of the
75Legislature to stimulate dramatic economic development,
76particularly in the biotechnology industry, through investment
77in this state's biomedical research.
78     Section 2.  Paragraph (h) of subsection (1) of section
7920.435, Florida Statutes, is amended to read:
80     20.435  Department of Health; trust funds.--
81     (1)  The following trust funds are hereby created, to be
82administered by the Department of Health:
83     (h)  Biomedical Research Trust Fund.
84     1.  Funds to be credited to the trust fund shall consist of
85funds deposited pursuant to s. 215.5601 and any other funds
86appropriated by the Legislature. Funds shall be used for the
87purposes of the James and Esther King Biomedical Research
88Program and the William G. "Bill" Bankhead, Jr., and David Coley
89Cancer Research Program as specified in ss. 215.5602, and
90288.955, and 381.922. The trust fund is exempt from the service
91charges imposed by s. 215.20.
92     2.  Notwithstanding the provisions of s. 216.301 and
93pursuant to s. 216.351, any balance in the trust fund at the end
94of any fiscal year shall remain in the trust fund at the end of
95the year and shall be available for carrying out the purposes of
96the trust fund. The department may invest these funds
97independently through the Chief Financial Officer or may
98negotiate a trust agreement with the State Board of
99Administration for the investment management of any balance in
100the trust fund.
101     3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
102any balance of any appropriation from the Biomedical Research
103Trust Fund which is not disbursed but which is obligated
104pursuant to contract or committed to be expended may be
105certified by the Governor for up to 3 years following the
106effective date of the original appropriation.
107     4.  The trust fund shall, unless terminated sooner, be
108terminated on July 1, 2008.
109     Section 3.  Subsection (3) of section 215.5602, Florida
110Statutes, is amended, and subsections (11) through (14) are
111added to that section, to read:
112     215.5602  James and Esther King Biomedical Research
113Program.--
114     (3)  There is created within the Department of Health the
115Biomedical Research Advisory Council.
116     (a)  The council shall consist of 11 nine members,
117including: the chief executive officer of the Florida Division
118of the American Cancer Society, or a designee; the chief
119executive officer of the Florida/Puerto Rico Affiliate of the
120American Heart Association, or a designee; and the chief
121executive officer of the American Lung Association of Florida,
122or a designee. The Governor shall appoint the remaining eight
123six members of the council shall be appointed, as follows:
124     1.  The Governor shall appoint four members, two members
125with expertise in the field of biomedical research, one member
126from a research university in the state, and one member
127representing the general population of the state.
128     2.  The President of the Senate shall appoint two members,
129one member with expertise in the field of behavioral or social
130research and one representative from a cancer program approved
131by the American College of Surgeons.
132     3.  The Speaker of the House of Representatives shall
133appoint two members, one member from a professional medical
134organization and one representative from a cancer program
135approved by the American College of Surgeons.
136     4.  One member from a research university in the state.
137     5.  One member representing the general population of the
138state.
139
140In making these his or her appointments, the Governor, the
141President of the Senate, and the Speaker of the House of
142Representatives shall select primarily, but not exclusively,
143Floridians with biomedical and lay expertise in the general
144areas of cancer, cardiovascular disease, stroke, and pulmonary
145disease. The Governor's appointments shall be for a 3-year term
146and shall reflect the diversity of the state's population. An
147appointed A council member appointed by the Governor may not
148serve more than two consecutive terms.
149     (b)  The council shall adopt internal organizational
150procedures as necessary for its efficient organization.
151     (c)  The department shall provide such staff, information,
152and other assistance as is reasonably necessary to assist the
153council in carrying out its responsibilities.
154     (d)  Members of the council shall serve without
155compensation, but may receive reimbursement as provided in s.
156112.061 for travel and other necessary expenses incurred in the
157performance of their official duties.
158     (11)  The council shall award grants for cancer research
159through the William G. "Bill" Bankhead, Jr., and David Coley
160Cancer Research Program created in s. 381.922.
161     (12)  Beginning in fiscal year 2006-2007, the sum of $6
162million is appropriated annually from recurring funds in the
163General Revenue Fund to the Biomedical Research Trust Fund
164within the Department of Health for purposes of the James and
165Esther King Biomedical Research Program pursuant to this
166section. From these funds up to $250,000 shall be available for
167the operating costs of the Florida Center for Universal Research
168to Eradicate Disease.
169     (13)  By June 1, 2009, the Division of Statutory Revision
170of the Office of Legislative Services shall certify to the
171President of the Senate and the Speaker of the House of
172Representatives the language and statutory citation of this
173section, which is scheduled to expire January 1, 2011.
174     (14)  The Legislature shall review the performance, the
175outcomes, and the financial management of the James and Esther
176King Biomedical Research Program during the 2010 Regular Session
177of the Legislature and shall determine the most appropriate
178funding source and means of funding the program based on its
179review.
180     (15)  This section expires January 1, 2011, unless reviewed
181and reenacted by the Legislature before that date.
182     Section 4.  All appointments to the Biomedical Research
183Advisory Council for the James and Esther King Biomedical
184Research Program that were not made in accordance with s.
185215.5602, Florida Statutes, as amended by this act, shall expire
186June 30, 2006, but such appointees may continue to serve until
187their successors are appointed. This section shall take effect
188upon this act becoming a law.
189     Section 5.  Subsection (5) of section 381.855, Florida
190Statutes, is amended, and subsections (6) and (7) are added to
191that section, to read:
192     381.855  Florida Center for Universal Research to Eradicate
193Disease.--
194     (5)  There is established within the center an advisory
195council that shall meet at least annually.
196     (a)  The council shall consist of one representative from a
197Florida not-for-profit institution engaged in basic and clinical
198biomedical research and education which receives more than $10
199million in annual grant funding from the National Institutes of
200Health, to be appointed by the Secretary of Health from a
201different institution each term, and the members of the board of
202directors of the Florida Research Consortium and at least one
203representative from and appointed by each of the following
204entities:
205     1.  The Emerging Technology Commission.
206     1.2.  Enterprise Florida, Inc.
207     2.3.  BioFlorida.
208     3.4.  The Biomedical Research Advisory Council.
209     4.5.  The Florida Medical Foundation.
210     5.6.  Pharmaceutical Research and Manufacturers of America.
211     7.  The Florida Tri-Agency Coalition on Smoking OR Health.
212     6.8.  The Florida Cancer Council.
213     7.9.  The American Cancer Society, Florida Division, Inc.
214     8.10.  The American Heart Association.
215     9.11.  The American Lung Association of Florida.
216     10.12.  The American Diabetes Association, South Coastal
217Region.
218     11.13.  The Alzheimer's Association.
219     12.14.  The Epilepsy Foundation.
220     13.15.  The National Parkinson Foundation.
221     14.16.  The Florida Public Health Foundation, Inc.
222     15.17.  The Florida Research Consortium Scripps Florida or
223the entity formed in this state by The Scripps Research
224Institute.
225     (b)  Members of the council shall serve without
226compensation, and each organization represented shall cover all
227expenses of its representative.
228     (6)  Members shall be appointed to 4-year terms of office.
229The members of the advisory council shall annually elect a chair
230from among the members of the advisory council. Any vacancy on
231the advisory council shall be filled in the same manner as the
232original appointment.
233     (7)  The advisory council shall meet at least annually, but
234may meet as often as it deems necessary to carry out its duties
235and responsibilities. The advisory council may take official
236action by a majority vote of the members present at any meeting
237at which a quorum is present.
238     Section 6.  All appointments to the advisory council for
239the Florida Center for Universal Research to Eradicate Disease
240which were not made in accordance with s. 381.855, Florida
241Statutes, as amended by this act, shall expire June 30, 2006,
242but such appointees may continue to serve until their successors
243are appointed. This section shall take effect upon this act
244becoming a law.
245     Section 7.  Subsection (1) of section 381.921, Florida
246Statutes, is amended to read:
247     381.921  Florida Cancer Council mission and duties.--The
248council, which shall work in concert with the Florida Center for
249Universal Research to Eradicate Disease to ensure that the goals
250of the center are advanced, shall endeavor to dramatically
251improve cancer research and treatment in this state through:
252     (1)  Efforts to significantly expand cancer research
253capacity in the state by:
254     (a)  Identifying ways to attract new research talent and
255attendant national grant-producing researchers to Florida-based
256cancer research facilities in this state;
257     (b)  Implementing a peer-reviewed, competitive process to
258identify and fund the best proposals to expand cancer research
259institutes in this state;
260     (c)  Funding through available resources for those
261proposals that demonstrate the greatest opportunity to attract
262federal research grants and private financial support;
263     (d)  Encouraging the employment of bioinformatics in order
264to create a cancer informatics infrastructure that enhances
265information and resource exchange and integration through
266researchers working in diverse disciplines, to facilitate the
267full spectrum of cancer investigations;
268     (e)  Facilitating the technical coordination, business
269development, and support of intellectual property as it relates
270to the advancement of cancer research; and
271     (f)  Aiding in other multidisciplinary research-support
272activities as they inure to the advancement of cancer research.
273     Section 8.  Section 381.922, Florida Statutes, is created
274to read:
275     381.922  William G. "Bill" Bankhead, Jr., and David Coley
276Cancer Research Program.--
277     (1)  The William G. "Bill" Bankhead, Jr., and David Coley
278Cancer Research Program, which may be otherwise cited as the
279"Bankhead-Coley Program," is created within the Department of
280Health. The purpose of the program shall be to advance progress
281towards cures for cancer through grants awarded through a peer-
282reviewed, competitive process.
283     (2)  The program shall provide grants for cancer research
284to further the search for cures for cancer.
285     (a)  Emphasis shall be given to the goals enumerated in s.
286381.921, as those goals support the advancement of such cures.
287     (b)  Preference may be given to grant proposals that foster
288collaborations among institutions, researchers, and community
289practitioners, as such proposals support the advancement of
290cures through basic or applied research, including clinical
291trials involving cancer patients and related networks.
292     (3)(a)  Applications for funding for cancer research may be
293submitted by any university or established research institute in
294the state. All qualified investigators in the state, regardless
295of institutional affiliation, shall have equal access and
296opportunity to compete for the research funding. Collaborative
297proposals, including those that advance the program's goals
298enumerated in subsection (2), may be given preference. Grants
299shall be awarded by the Secretary of Health, after consultation
300with the Biomedical Research Advisory Council, on the basis of
301scientific merit, as determined by an open, competitive peer
302review process that ensures objectivity, consistency, and high
303quality. The following types of applications shall be considered
304for funding:
305     1.  Investigator-initiated research grants.
306     2.  Institutional research grants.
307     3.  Collaborative research grants, including those that
308advance the finding of cures through basic or applied research.
309     (b)  In order to ensure that all proposals for research
310funding are appropriate and are evaluated fairly on the basis of
311scientific merit, the Secretary of Health, in consultation with
312the council, shall appoint a peer review panel of independent,
313scientifically qualified individuals to review the scientific
314content of each proposal and establish its priority score. The
315priority scores shall be forwarded to the council and must be
316considered in determining which proposals shall be recommended
317for funding.
318     (c)  The council and the peer review panel shall establish
319and follow rigorous guidelines for ethical conduct and adhere to
320a strict policy with regard to conflicts of interest. A member
321of the council or panel may not participate in any discussion or
322decision with respect to a research proposal by any firm,
323entity, or agency with which the member is associated as a
324member of the governing body or as an employee or with which the
325member has entered into a contractual arrangement. Meetings of
326the council and the peer review panels are subject to chapter
327119, s. 286.011, and s. 24, Art. I of the State Constitution.
328     (4)  By December 15 of each year, the Department of Health
329shall submit to the Governor, the President of the Senate, and
330the Speaker of the House of Representatives a report indicating
331progress towards the program's mission and making
332recommendations that further its purpose.
333     (5)  Beginning in fiscal year 2006-2007, the sum of $9
334million is appropriated annually from recurring funds in the
335General Revenue Fund to the Biomedical Research Trust Fund
336within the Department of Health for purposes of the William G.
337"Bill" Bankhead, Jr., and David Coley Cancer Research Program
338and shall be distributed pursuant to this section to provide
339grants to researchers seeking cures for cancer, with emphasis
340given to the goals enumerated in s. 381.921. From the total
341funds appropriated, an amount of up to 10 percent may be used
342for administrative expenses.
343     (6)  By June 1, 2009, the Division of Statutory Revision of
344the Office of Legislative Services shall certify to the
345President of the Senate and the Speaker of the House of
346Representatives the language and statutory citation of this
347section, which is scheduled to expire January 1, 2011.
348     (7)  The Legislature shall review the performance, the
349outcomes, and the financial management of the William G. "Bill"
350Bankhead, Jr., and David Coley Cancer Research Program during
351the 2010 Regular Session of the Legislature and shall determine
352the most appropriate funding source and means of funding the
353program based on its review.
354     (8)  This section expires January 1, 2011, unless reviewed
355and reenacted by the Legislature before that date.
356     Section 9.  Subsection (1) of section 381.98, Florida
357Statutes, is amended, paragraph (v) is added to subsection (6)
358of that section, present subsection (10) of that section is
359renumbered as subsection (12), and new subsections (10) and (11)
360are added to that section, to read:
361     381.98  The Florida Public Health Foundation, Inc.;
362establishment; purpose; mission; duties; board of directors.--
363     (1)  The Florida Public Health Foundation, Inc., referred
364to in this section as "the corporation," is established for the
365purpose of disseminating breakthrough findings in biomedical
366research and promoting health awareness in this state and
367providing services to the Department of Health.
368     (6)  The affairs of the corporation shall be managed by an
369executive director appointed by a board of directors consisting
370of:
371     (v)  A representative of the Florida Association of Health
372Plans.
373(10)  The corporation may provide personnel to the
374Department of Health for the purpose of performing duties and
375responsibilities outlined in private and public grants received
376by the Department of Health. These personnel are not state
377employees and are not entitled to retirement credit and other
378benefits provided to state employees under chapters 110 and 112.
379These personnel shall perform services pursuant to an agreement
380between the corporation and the Department of Health.
381     (11)  The corporation may purchase goods, services, and
382property for use by the Department of Health. These purchases
383are not subject to the provisions of chapters 253, 255, and 287,
384nor to the control or direction of the Department of
385Environmental Protection or the Department of Management
386Services.
387     Section 10.  Subsection (3) is added to section 430.41,
388Florida Statutes, to read:
389     430.41  Grants and Donations Trust Fund.--
390     (3)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
391any balance of any general revenue appropriation to the Grants
392and Donations Trust Fund that is not disbursed but that is
393obligated pursuant to contract or committed to be expended may
394be certified by the Governor for up to 3 years following the
395effective date of the original appropriation.
396     Section 11.  Subsection (1) of section 561.121, Florida
397Statutes, is amended to read:
398     561.121  Deposit of revenue.--
399     (1)  All state funds collected pursuant to ss. 563.05,
400564.06, and 565.12 shall be paid into the State Treasury and
401disbursed in the following manner:
402     (a)1.  Two percent of monthly collections of the excise
403taxes on alcoholic beverages established in ss. 563.05, 564.06,
404and 565.12 shall be deposited into the Alcoholic Beverage and
405Tobacco Trust Fund to meet the division's appropriation for the
406state fiscal year.
407     2.  Beginning July 1, 2004, there is annually distributed
408$15 million to the Grants and Donations Trust Fund within the
409Department of Elderly Affairs, and these funds are annually
410appropriated to support a contract with the Johnnie B. Byrd,
411Sr., Alzheimer's Center and Research Institute at the University
412of South Florida for the purposes of conducting research,
413developing and operating integrated data projects, and providing
414assistance to memory disorder clinics as established in s.
415430.502.
416     3.  Beginning July 1, 2004, there is annually distributed
417$6 million to the Biomedical Research Trust Fund within the
418Department of Health, and these funds are annually appropriated
419to the James and Esther King Biomedical Research Program. From
420these funds, up to $250,000 shall be available annually for the
421operating costs of the Florida Center for Universal Research to
422Eradicate Disease.
423     4.  Beginning July 1, 2004, there is annually distributed
424$9 million to be paid by warrant drawn by the Chief Financial
425Officer upon the State Treasury to Florida State University for
426the School of Chiropractic Medicine. Notwithstanding the
427provisions of chapter 216, until the School of Chiropractic
428Medicine is completely staffed and fully operational, these
429funds may be used for any purpose by the university.
430     (b)  The remainder of the funds collected pursuant to ss.
431563.05, 564.06, and 565.12 collection shall be credited to the
432General Revenue Fund.
433     Section 12.  Subsections (2) and (6) of section 1004.445,
434Florida Statutes, are amended, present subsections (8), (9), and
435(10) of that section are renumbered as subsections (9), (10),
436and (11), respectively, and new subsections (8), (12), (13),
437(14), and (15) are added to that section, to read:
438     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
439Research Institute.--
440     (2)(a)  The State Board of Education shall enter into an
441agreement for the utilization of the facilities on the campus of
442the University of South Florida to be known as the Johnnie B.
443Byrd, Sr., Alzheimer's Center and Research Institute, including
444all furnishings, equipment, and other chattels used in the
445operation of those facilities, with a Florida not-for-profit
446corporation organized solely for the purpose of governing and
447operating the Johnnie B. Byrd, Sr., Alzheimer's Center and
448Research Institute. This not-for-profit corporation, acting as
449an instrumentality of the state, shall govern and operate the
450Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
451in accordance with the terms of the agreement between the State
452Board of Education and the not-for-profit corporation. The not-
453for-profit corporation may, with the prior approval of the State
454Board of Education, create either for-profit or not-for-profit
455corporate subsidiaries, or both, to fulfill its mission. The
456not-for-profit corporation and its subsidiaries are authorized
457to receive, hold, invest, and administer property and any moneys
458acquired from private, local, state, and federal sources, as
459well as technical and professional income generated or derived
460from practice activities of the institute, for the benefit of
461the institute and the fulfillment of its mission.
462     (b)1.  The affairs of the not-for-profit corporation shall
463be managed by a board of directors who shall serve without
464compensation. The board of directors shall consist of the
465President of the University of South Florida and the chair of
466the State Board of Education, or their designees, five 5
467representatives of the state universities, and nine no fewer
468than 9 nor more than 14 representatives of the public who are
469neither medical doctors nor state employees. Each director who
470is a representative of a state university or of the public shall
471be appointed to serve a term of 3 years. The chair of the board
472of directors shall be selected by a majority vote of the
473directors. Each director shall have only one vote.
474     2.  The initial board of directors shall consist of the
475President of the University of South Florida and the chair of
476the State Board of Education, or their designees; the Of the
477five university representatives, of whom one shall be appointed
478by the Governor, two by the President of the Senate, and two by
479the Speaker of the House of Representatives; and of the nine
480public representatives, of whom three shall be appointed by the
481Governor, three by the President of the Senate, and three by the
482Speaker of the House of Representatives. Upon the expiration of
483the terms of the initial appointed directors, all directors
484subject to 3-year terms of office under this paragraph shall be
485appointed by a majority vote of the directors and the board may
486be expanded to include additional public representative
487directors up to the maximum number allowed. Any vacancy in
488office shall be filled in the same manner as the original
489appointment for the remainder of the term by majority vote of
490the directors. Any director may be reappointed.
491     (6)  The institute shall be administered by a chief
492executive officer, who shall be appointed by and serve at the
493pleasure of the board of directors of the not-for-profit
494corporation, and who shall exercise the following powers and
495duties, subject to the approval of the board of directors:
496     (a)  The chief executive officer shall establish programs
497that fulfill the mission of the institute in research,
498education, treatment, prevention, and early detection of
499Alzheimer's disease; however, the chief executive officer may
500not establish academic programs for which academic credit is
501awarded and which culminate in the conferring of a degree,
502without prior approval of the State Board of Education.
503     (b)  The chief executive officer shall have control over
504the budget and the moneys appropriated or donated to the
505institute from private, local, state, and federal sources, as
506well as technical and professional income generated or derived
507from practice activities of the institute. However, professional
508income generated by university faculty from practice activities
509at the institute shall be shared between the institute and the
510university as determined by the chief executive officer and the
511appropriate university dean or vice president.
512     (c)  The chief executive officer shall appoint
513representatives of the institute to carry out the research,
514patient care, and educational activities of the institute and
515establish the compensation, benefits, and terms of service of
516such representatives. Representatives of the institute shall be
517eligible to hold concurrent appointments at affiliated academic
518institutions. University faculty shall be eligible to hold
519concurrent appointments at the institute.
520     (d)  The chief executive officer shall have control over
521the use and assignment of space and equipment within the
522facilities.
523     (e)  The chief executive officer shall have the power to
524create the administrative structure necessary to carry out the
525mission of the institute.
526     (f)  The chief executive officer shall have a reporting
527relationship to the Commissioner of Education.
528     (g)  The chief executive officer shall provide a copy of
529the institute's annual report to the Governor and Cabinet, the
530President of the Senate, the Speaker of the House of
531Representatives, and the chair of the State Board of Education.
532The annual report shall describe the expenditure of all funds
533and shall provide information regarding research that has been
534conducted or funded by the center, as well as the expected and
535actual results of such research.
536     (h)  By August 1 of each year, the chief executive officer
537shall develop and submit to the Governor and Cabinet, the
538President of the Senate, the Speaker of the House of
539Representatives, and the chair of the State Board of Education
540an annual operating budget detailing the planned use of state,
541federal, and private funds for the fiscal year.
542     (8)(a)  Applications for Alzheimer's disease research
543funding may be submitted from any university or established
544research institute in the state. All qualified investigators in
545the state, regardless of institutional affiliation, shall have
546equal access and opportunity to compete for the research
547funding. Grants shall be awarded by the board of directors of
548the not-for-profit corporation on the basis of scientific merit,
549as determined by an open, competitive peer review process that
550ensures objectivity, consistency, and high quality. The
551following types of applications shall be considered for funding:
552     1.  Investigator-initiated research grants.
553     2.  Institutional research grants.
554     3.  Collaborative research grants, including those that
555advance the finding of cures through basic or applied research.
556     (b)  Preference may be given to grant proposals that foster
557collaboration among institutions, researchers, and community
558practitioners because these proposals support the advancement of
559cures through basic or applied research, including clinical
560trials involving Alzheimer's patients and related networks.
561     (c)  To ensure that all proposals for research funding are
562appropriate and are evaluated fairly on the basis of scientific
563merit, the board of directors of the not-for-profit corporation,
564in consultation with the council of scientific advisors, shall
565appoint a peer review panel of independent, scientifically
566qualified individuals to review the scientific content of each
567proposal and establish its scientific priority score. The
568priority scores shall be forwarded to the council and must be
569considered by the board of directors of the not-for-profit
570corporation in determining which proposals shall be recommended
571for funding.
572     (d)  The council of scientific advisors and the peer review
573panel shall establish and follow rigorous guidelines for ethical
574conduct and adhere to a strict policy with regard to conflict of
575interest. All employees, members of the board of directors, and
576affiliates of the not-for-profit corporation shall follow the
577same rigorous guidelines for ethical conduct and shall adhere to
578the same strict policy with regard to conflict of interest. A
579member of the council or panel may not participate in any
580discussion or decision with respect to a research proposal by
581any firm, entity, or agency with which the member is associated
582as a member of the governing body or as an employee or with
583which the member has entered into a contractual arrangement.
584Meetings of the council and the peer review panels are subject
585to chapter 119, s. 286.011, and s. 24, Art. I of the State
586Constitution.
587     (12)  Beginning in fiscal year 2006-2007, the sum of $15
588million is appropriated annually from recurring funds in the
589General Revenue Fund to the Grants and Donations Trust Fund
590within the Department of Elderly Affairs for the Johnnie B.
591Byrd, Sr., Alzheimer's Center and Research Institute at the
592University of South Florida for the purposes as provided under
593paragraph (6)(a), conducting and supporting research, providing
594institutional research grants and investigator-initiated
595research grants, developing and operating integrated data
596projects, and providing assistance to statutorily designated
597memory disorder clinics as provided under s. 430.502. Not less
598than 80 percent of the appropriated funds shall be expended for
599these purposes and not less than 20 percent of the appropriated
600funds shall be expended for peer-reviewed investigator-initiated
601research grants.
602     (13)  By June 1, 2009, the Division of Statutory Revision
603of the Office of Legislative Services shall certify to the
604President of the Senate and the Speaker of the House of
605Representatives the language and statutory citation of this
606section, which is scheduled to expire January 1, 2011.
607     (14)  The Legislature shall review the performance, the
608outcomes, and the financial management of the Johnnie B. Byrd,
609Sr., Alzheimer's Center and Research Institute during the 2010
610Regular Session of the Legislature and shall determine the most
611appropriate funding source and means of funding the center and
612institute based on its review.
613     (15)  This section expires January 1, 2011, unless reviewed
614and reenacted by the Legislature before that date.
615     Section 13.  All appointments to the board of directors of
616the not-for-profit corporation for the Johnnie B. Byrd, Sr.,
617Alzheimer's Center and Research Institute that were not made in
618accordance with s. 1004.445, Florida Statutes, as amended by
619this act, shall expire June 30, 2006, but such appointees may
620continue to serve until their successors are appointed. This
621section shall take effect upon this act becoming a law.
622     Section 14.  Except as otherwise expressly provided in this
623act and except for this section, which shall take effect upon
624this act becoming a law, this act shall take effect July 1,
6252006.


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