Senate Bill sb1826

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    Florida Senate - 2006                                  SB 1826

    By Senator Saunders





    37-59A-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to biomedical research;

  3         providing legislative intent; amending s.

  4         215.5602, F.S.; revising the method for

  5         appointing members to the Biomedical Research

  6         Advisory Council; authorizing the Legislature

  7         to annually appropriate funds to the James and

  8         Esther King Biomedical Research Program;

  9         providing for transition to new appointments;

10         amending s. 381.855, F.S.; revising the purpose

11         of the Florida Center for Universal Research to

12         Eradicate Disease; requiring the center to

13         provide grants for cancer research; revising

14         membership of the center's advisory council;

15         providing for terms of office and the filling

16         of vacancies; providing for officers, meetings,

17         and procedure; providing procedures for

18         awarding of cancer research grants; providing

19         for peer review panels; providing requirements

20         with respect to ethical conduct and conflicts

21         of interest; providing for public records and

22         meetings; authorizing the Legislature to

23         annually appropriate funds to the Florida

24         Center for Universal Research to Eradicate

25         Disease; providing for transition to new

26         appointments; amending s. 381.921, F.S.;

27         revising a goal of the Florida Cancer Council;

28         creating s. 381.922, F.S.; establishing the

29         William G. "Bill" Bankhead, Jr., and David

30         Coley Cancer Research Program within the

31         Department of Health; providing the purpose of

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         the program; requiring an annual report;

 2         amending s. 561.121, F.S.; redistributing

 3         certain funds collected from taxes on alcoholic

 4         beverages; amending s. 1004.445, F.S.; revising

 5         the method of appointing and filling vacancies

 6         on the board of directors of the Johnnie B.

 7         Byrd, Sr., Alzheimer's Center and Research

 8         Institute; requiring certain information in the

 9         annual report; requiring an annual operating

10         budget; providing procedures for awarding of

11         Alzheimer's disease research grants; providing

12         for peer review panels; providing requirements

13         with respect to ethical conduct, conflicts of

14         interest, and confidentiality; providing for

15         public records and meetings; authorizing the

16         Legislature to annually appropriate funds to

17         the Johnnie B. Byrd, Sr., Alzheimer's Center

18         and Research Institute; providing for

19         transition to new appointments; providing

20         appropriations; providing effective dates.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  It is the intent of the Legislature to

25  provide funding to support grants for biomedical research in

26  this state with the anticipation that sustained funding for

27  biomedical research over a period of years will lead to an

28  alleviation of human suffering from diseases such as cancer

29  and Alzheimer's disease. It is the intent of the Legislature

30  to dramatically reduce this state's inordinately high cancer

31  burden, reducing both cancer incidence and mortality, while

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  advancing scientific endeavors in this state, making this

 2  state a world-class leader in cancer research and treatment.

 3  Further, it is the intent of the Legislature to address the

 4  debilitating and deadly effects of Alzheimer's disease by

 5  supporting research in Alzheimer's disease statewide through

 6  the awarding of research grants on a competitive basis.

 7  Additionally, it is the intent of the Legislature to stimulate

 8  dramatic economic development, particularly in the

 9  biotechnology industry, through investment in this state's

10  biomedical research.

11         Section 2.  Subsection (3) of section 215.5602, Florida

12  Statutes, is amended, and subsection (11) is added to that

13  section, to read:

14         215.5602  James and Esther King Biomedical Research

15  Program.--

16         (3)  There is created within the Department of Health

17  the Biomedical Research Advisory Council.

18         (a)  The council shall consist of nine members,

19  including: the chief executive officer of the Florida Division

20  of the American Cancer Society, or a designee; the chief

21  executive officer of the Florida/Puerto Rico Affiliate of the

22  American Heart Association, or a designee; and the chief

23  executive officer of the American Lung Association of Florida,

24  or a designee. The Governor shall appoint the remaining six

25  members of the council, shall be appointed as follows:

26         1.  The Governor shall appoint two members with

27  expertise in the field of biomedical research, one member from

28  a research university in the state, and one member

29  representing the general population of the state.

30  

31  

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         2.  The President of the Senate shall appoint one

 2  member with expertise in the field of behavioral or social

 3  research.

 4         3.  The Speaker of the House of Representatives shall

 5  appoint one member from a professional medical organization.

 6         4.  One member from a research university in the state.

 7         5.  One member representing the general population of

 8  the state.

 9  

10  In making these his or her appointments, the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives shall select primarily, but not exclusively,

13  Floridians with biomedical and lay expertise in the general

14  areas of cancer, cardiovascular disease, stroke, and pulmonary

15  disease. The Governor's appointments shall be for a 3-year

16  term and shall reflect the diversity of the state's

17  population. An appointed A council member appointed by the

18  Governor may not serve more than two consecutive terms.

19         (b)  The council shall adopt internal organizational

20  procedures as necessary for its efficient organization.

21         (c)  The department shall provide such staff,

22  information, and other assistance as is reasonably necessary

23  to assist the council in carrying out its responsibilities.

24         (d)  Members of the council shall serve without

25  compensation, but may receive reimbursement as provided in s.

26  112.061 for travel and other necessary expenses incurred in

27  the performance of their official duties.

28         (11)  The Legislature may annually appropriate funds to

29  the James and Esther King Biomedical Research Program for the

30  purposes of this section.

31  

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         Section 3.  All appointments to the Biomedical Research

 2  Advisory Council for the James and Esther King Biomedical

 3  Research Program that were not made in accordance with s.

 4  215.5602, Florida Statutes, as amended by this act, shall

 5  expire June 30, 2006, but such appointees may continue to

 6  serve until their successors are appointed. This section shall

 7  take effect upon this act becoming a law.

 8         Section 4.  Subsections (3) and (5) of section 381.855,

 9  Florida Statutes, are amended, and subsections (6), (7), (8),

10  and (9) are added to that section, to read:

11         381.855  Florida Center for Universal Research to

12  Eradicate Disease.--

13         (3)  There is established within the Department of

14  Health the Florida Center for Universal Research to Eradicate

15  Disease, which shall be known as "CURED."

16         (a)  The purpose of the center is to coordinate,

17  improve, expand, and monitor all biomedical research programs

18  within the state, facilitate funding opportunities, including

19  providing grants for cancer research through the William G.

20  "Bill" Bankhead, Jr., and David Coley Cancer Research Program

21  created in s. 381.922, and foster improved technology transfer

22  of research findings into clinical trials and widespread

23  public use.

24         (b)  The goal of the center is to find cures for

25  diseases such as cancer, heart disease, lung disease,

26  diabetes, autoimmune disorders, and neurological disorders,

27  including Alzheimer's disease, epilepsy, and Parkinson's

28  disease.

29         (c)  The center shall hold an annual biomedical

30  technology summit in Florida to which biomedical researchers,

31  biomedical technology companies, business incubators,

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  pharmaceutical manufacturers, and others around the nation and

 2  world are invited to share biomedical research findings in

 3  order to expedite the discovery of cures. Summit attendees

 4  shall cover the costs of such attendance or obtain sponsorship

 5  for such attendance.

 6         (d)  The center shall encourage clinical trials in this

 7  state on research that holds promise of curing a disease or

 8  condition. The center shall facilitate partnerships between

 9  researchers, treating physicians, and community hospitals for

10  the purpose of sharing new techniques and new research

11  findings, as well as coordinating voluntary donations to

12  ensure an adequate supply of adult stem cells, placentas, or

13  cord blood.

14         (e)  The center shall facilitate the formation of

15  partnerships between researchers in this state and

16  institutions in other states and countries where research with

17  rare plants or animals could lead to cures.

18         (f)  The center shall encourage agricultural colleges

19  and agricultural businesses in this state to be active in the

20  search for cures and in providing information to the public

21  about disease prevention.

22         (g)  The center shall facilitate partnerships among

23  researchers working to cure all types of diseases, including

24  those that are prevalent in developed countries and those that

25  occur mainly in developing countries.

26         (h)  The center shall also encourage the discovery and

27  production in Florida of vaccines that prevent disease.

28         (i)  The center shall monitor the supply and demand

29  needs of researchers relating to stem cell research and other

30  types of human tissue research. If the center determines that

31  there is a need for increased donation of human tissue, it

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  shall notify hospitals licensed pursuant to chapter 395 which

 2  have entered into partnership agreements with research

 3  institutes conducting stem cell research located in the same

 4  geographic region as the researchers demanding the stem cells

 5  or other tissues. Such hospitals shall implement programs that

 6  encourage voluntary donations of cord blood or other needed

 7  adult tissue.

 8         (j)  The center shall be funded through private, state,

 9  and federal sources.

10         (k)  The center shall serve as a registry of all known

11  opportunities for biomedical grants and may assist any public

12  or private biomedical research program in this state in

13  preparing grant requests.

14         (l)  The center shall provide grants for cancer

15  research to further the search for cures for cancer.

16         1.  Emphasis shall be given to the goals enumerated in

17  s. 381.921, as those goals support the advancement of such

18  cures.

19         2.  Preference may be given to grant proposals that

20  foster collaborations between institutions, researchers, and

21  community practitioners, as such proposals support the

22  advancement of cures through basic or applied research,

23  including cancer clinical trials and related networks.

24         (m)(l)  The center shall maintain a website with links

25  to peer-reviewed biomedical research. The website shall also

26  contain a list of all known biomedical research being

27  conducted in Florida and shall facilitate communication among

28  researchers and other interested parties.

29         (n)(m)  The center shall submit an annual report to the

30  Governor, the President of the Senate, and the Speaker of the

31  House of Representatives no later than January 15 which

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  contains recommendations for legislative change necessary to

 2  foster a positive climate for biomedical research in this

 3  state.

 4         (5)  There is established within the center an advisory

 5  council that shall meet at least annually.

 6         (a)  The council shall consist of one representative

 7  from a Florida not-for-profit institution engaged in basic and

 8  clinical biomedical research and education which receives more

 9  than $10 million in annual grant funding from the National

10  Institutes of Health, to be appointed by the Secretary of

11  Health from a different institution each term, and the members

12  of the board of directors of the Florida Research Consortium

13  and at least one representative from and appointed by each of

14  the following entities:

15         1.  The Emerging Technology Commission.

16         2.  Enterprise Florida, Inc.

17         3.  BioFlorida.

18         4.  The Biomedical Research Advisory Council.

19         5.  The Florida Medical Foundation.

20         6.  Pharmaceutical Research and Manufacturers of

21  America.

22         7.  The Florida Tri-Agency Coalition on Smoking OR

23  Health.

24         8.  The Florida Cancer Council.

25         9.  The American Cancer Society, Florida Division, Inc.

26         10.  The American Heart Association.

27         11.  The American Lung Association of Florida.

28         12.  The American Diabetes Association, South Coastal

29  Region.

30         13.  The Alzheimer's Association.

31         14.  The Epilepsy Foundation.

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         15.  The National Parkinson Foundation.

 2         16.  The Florida Public Health Foundation, Inc.

 3         17.  The Florida Research Consortium Scripps Florida or

 4  the entity formed in this state by The Scripps Research

 5  Institute.

 6         (b)  Members of the council shall serve without

 7  compensation, and each organization represented shall cover

 8  all expenses of its representative.

 9         (6)  Members shall be appointed to 4-year terms of

10  office. The members of the advisory council shall annually

11  elect a chair from among the members of the advisory council.

12  Any vacancy on the advisory council shall be filled in the

13  same manner as the original appointment.

14         (7)  The advisory council shall meet at least annually,

15  but may meet as often as it deems necessary to carry out its

16  duties and responsibilities. The advisory council may take

17  official action by a majority vote of the members present at

18  any meeting at which a quorum is present.

19         (8)(a)  Applications for cancer research funding may be

20  submitted from any university or established research

21  institute in the state. All qualified investigators in the

22  state, regardless of institutional affiliation, shall have

23  equal access and opportunity to compete for the research

24  funding. Collaborative proposals, including those that advance

25  the center's goals enumerated in paragraph (3)(l), may be

26  given preference. Grants shall be awarded by the Secretary of

27  Health, after consultation with the council, on the basis of

28  scientific merit, as determined by an open, competitive peer

29  review process that ensures objectivity, consistency, and high

30  quality. The following types of applications shall be

31  considered for funding:

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         1.  Investigator-initiated research grants.

 2         2.  Institutional research grants.

 3         3.  Collaborative research grants, including those that

 4  advance the finding of cures through basic or applied

 5  research.

 6         (b)  To ensure that all proposals for research funding

 7  are appropriate and are evaluated fairly on the basis of

 8  scientific merit, the Secretary of Health, in consultation

 9  with the council, shall appoint a peer review panel of

10  independent, scientifically qualified individuals to review

11  the scientific content of each proposal and establish its

12  scientific priority score. The priority scores shall be

13  forwarded to the council and must be considered in determining

14  which proposals shall be recommended for funding.

15         (c)  The council and the peer review panel shall

16  establish and follow rigorous guidelines for ethical conduct

17  and adhere to a strict policy with regard to conflict of

18  interest. A member of the council or panel may not participate

19  in any discussion or decision with respect to a research

20  proposal by any firm, entity, or agency with which the member

21  is associated as a member of the governing body or as an

22  employee or with which the member has entered into a

23  contractual arrangement. Meetings of the council and the peer

24  review panels are subject to chapter 119, s. 286.011, and s.

25  24, Art. I of the State Constitution.

26         (9)  The Legislature may annually appropriate funds to

27  the Florida Center for Universal Research to Eradicate Disease

28  for research grants and for operating costs.

29         Section 5.  All appointments to the advisory council

30  for the Florida Center for Universal Research to Eradicate

31  Disease that were not made in accordance with s. 381.855,

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  Florida Statutes, as amended by this act, shall expire June

 2  30, 2006, but such appointees may continue to serve until

 3  their successors are appointed. This section shall take effect

 4  upon this act becoming a law.

 5         Section 6.  Subsection (1) of section 381.921, Florida

 6  Statutes, is amended to read:

 7         381.921  Florida Cancer Council mission and

 8  duties.--The council, which shall work in concert with the

 9  Florida Center for Universal Research to Eradicate Disease to

10  ensure that the goals of the center are advanced, shall

11  endeavor to dramatically improve cancer research and treatment

12  in this state through:

13         (1)  Efforts to significantly expand cancer research

14  capacity in the state by:

15         (a)  Identifying ways to attract new research talent

16  and attendant national grant-producing researchers to

17  Florida-based cancer research facilities in this state;

18         (b)  Implementing a peer-reviewed, competitive process

19  to identify and fund the best proposals to expand cancer

20  research institutes in this state;

21         (c)  Funding through available resources for those

22  proposals that demonstrate the greatest opportunity to attract

23  federal research grants and private financial support;

24         (d)  Encouraging the employment of bioinformatics in

25  order to create a cancer informatics infrastructure that

26  enhances information and resource exchange and integration

27  through researchers working in diverse disciplines, to

28  facilitate the full spectrum of cancer investigations;

29         (e)  Facilitating the technical coordination, business

30  development, and support of intellectual property as it

31  relates to the advancement of cancer research; and

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         (f)  Aiding in other multidisciplinary research-support

 2  activities as they inure to the advancement of cancer

 3  research.

 4         Section 7.  Section 381.922, Florida Statutes, is

 5  created to read:

 6         381.922  William G. "Bill" Bankhead, Jr., and David

 7  Coley Cancer Research Program.--

 8         (1)  The William G. "Bill" Bankhead, Jr., and David

 9  Coley Cancer Research Program, which may be otherwise cited as

10  the "Bankhead-Coley Program," is created within the Department

11  of Health. The purpose of the program shall be to advance

12  progress towards cures for cancer through grants awarded

13  through a peer-reviewed, competitive process pursuant to s.

14  381.855.

15         (2)  By December 15 of each year, the Department of

16  Health shall submit to the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives a

18  report indicating progress towards the program's mission and

19  making recommendations that further its purpose.

20         Section 8.  Subsection (1) of section 561.121, Florida

21  Statutes, is amended to read:

22         561.121  Deposit of revenue.--

23         (1)  All state funds collected pursuant to ss. 563.05,

24  564.06, and 565.12 shall be paid into the State Treasury and

25  disbursed in the following manner:

26         (a)1.  Two percent of monthly collections of the excise

27  taxes on alcoholic beverages established in ss. 563.05,

28  564.06, and 565.12 shall be deposited into the Alcoholic

29  Beverage and Tobacco Trust Fund to meet the division's

30  appropriation for the state fiscal year.

31  

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         2.  Beginning July 1, 2004, there is annually

 2  distributed $15 million to the Grants and Donations Trust Fund

 3  within the Department of Elderly Affairs, and these funds are

 4  annually appropriated to support a contract with the Johnnie

 5  B. Byrd, Sr., Alzheimer's Center and Research Institute at the

 6  University of South Florida for the purposes of conducting

 7  research, developing and operating integrated data projects,

 8  and providing assistance to memory disorder clinics as

 9  established in s. 430.502.

10         3.  Beginning July 1, 2004, there is annually

11  distributed $6 million to the Biomedical Research Trust Fund

12  within the Department of Health, and these funds are annually

13  appropriated to the James and Esther King Biomedical Research

14  Program. From these funds, up to $250,000 shall be available

15  annually for the operating costs of the Florida Center for

16  Universal Research to Eradicate Disease.

17         4.  Beginning July 1, 2004, there is annually

18  distributed $9 million to be paid by warrant drawn by the

19  Chief Financial Officer upon the State Treasury to Florida

20  State University for the School of Chiropractic Medicine.

21  Notwithstanding the provisions of chapter 216, until the

22  School of Chiropractic Medicine is completely staffed and

23  fully operational, these funds may be used for any purpose by

24  the university.

25         (b)  The remainder of the funds collected pursuant to

26  ss. 563.05, 564.06, and 565.12 collection shall be credited to

27  the General Revenue Fund.

28         Section 9.  Subsections (2) and (6) of section

29  1004.445, Florida Statutes, are amended, present subsections

30  (8), (9), and (10) are renumbered as subsections (9), (10),

31  

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  and (11), respectively, and new subsections (8) and (12) are

 2  added to that section, to read:

 3         1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and

 4  Research Institute.--

 5         (2)(a)  The State Board of Education shall enter into

 6  an agreement for the utilization of the facilities on the

 7  campus of the University of South Florida to be known as the

 8  Johnnie B. Byrd, Sr., Alzheimer's Center and Research

 9  Institute, including all furnishings, equipment, and other

10  chattels used in the operation of those facilities, with a

11  Florida not-for-profit corporation organized solely for the

12  purpose of governing and operating the Johnnie B. Byrd, Sr.,

13  Alzheimer's Center and Research Institute. This not-for-profit

14  corporation, acting as an instrumentality of the state, shall

15  govern and operate the Johnnie B. Byrd, Sr., Alzheimer's

16  Center and Research Institute in accordance with the terms of

17  the agreement between the State Board of Education and the

18  not-for-profit corporation. The not-for-profit corporation

19  may, with the prior approval of the State Board of Education,

20  create either for-profit or not-for-profit corporate

21  subsidiaries, or both, to fulfill its mission. The

22  not-for-profit corporation and its subsidiaries are authorized

23  to receive, hold, invest, and administer property and any

24  moneys acquired from private, local, state, and federal

25  sources, as well as technical and professional income

26  generated or derived from practice activities of the

27  institute, for the benefit of the institute and the

28  fulfillment of its mission.

29         (b)1.  The affairs of the not-for-profit corporation

30  shall be managed by a board of directors who shall serve

31  without compensation. The board of directors shall consist of

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  the President of the University of South Florida and the chair

 2  of the State Board of Education, or their designees, five 5

 3  representatives of the state universities, and nine no fewer

 4  than 9 nor more than 14 representatives of the public who are

 5  neither medical doctors nor state employees. Each director who

 6  is a representative of a state university or of the public

 7  shall be appointed to serve a term of 3 years. The chair of

 8  the board of directors shall be selected by a majority vote of

 9  the directors. Each director shall have only one vote.

10         2.  The initial board of directors shall consist of the

11  President of the University of South Florida and the chair of

12  the State Board of Education, or their designees; the Of the

13  five university representatives, of whom one shall be

14  appointed by the Governor, two by the President of the Senate,

15  and two by the Speaker of the House of Representatives; and of

16  the nine public representatives, of whom three shall be

17  appointed by the Governor, three by the President of the

18  Senate, and three by the Speaker of the House of

19  Representatives. Upon the expiration of the terms of the

20  initial appointed directors, all directors subject to 3-year

21  terms of office under this paragraph shall be appointed by a

22  majority vote of the directors and the board may be expanded

23  to include additional public representative directors up to

24  the maximum number allowed. Any vacancy in office shall be

25  filled in the same manner as the original appointment for the

26  remainder of the term by majority vote of the directors. Any

27  director may be reappointed.

28         (6)  The institute shall be administered by a chief

29  executive officer, who shall be appointed by and serve at the

30  pleasure of the board of directors of the not-for-profit

31  

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  corporation, and who shall exercise the following powers and

 2  duties, subject to the approval of the board of directors:

 3         (a)  The chief executive officer shall establish

 4  programs that fulfill the mission of the institute in

 5  research, education, treatment, prevention, and early

 6  detection of Alzheimer's disease; however, the chief executive

 7  officer may not establish academic programs for which academic

 8  credit is awarded and which culminate in the conferring of a

 9  degree, without prior approval of the State Board of

10  Education.

11         (b)  The chief executive officer shall have control

12  over the budget and the moneys appropriated or donated to the

13  institute from private, local, state, and federal sources, as

14  well as technical and professional income generated or derived

15  from practice activities of the institute. However,

16  professional income generated by university faculty from

17  practice activities at the institute shall be shared between

18  the institute and the university as determined by the chief

19  executive officer and the appropriate university dean or vice

20  president.

21         (c)  The chief executive officer shall appoint

22  representatives of the institute to carry out the research,

23  patient care, and educational activities of the institute and

24  establish the compensation, benefits, and terms of service of

25  such representatives. Representatives of the institute shall

26  be eligible to hold concurrent appointments at affiliated

27  academic institutions. University faculty shall be eligible to

28  hold concurrent appointments at the institute.

29         (d)  The chief executive officer shall have control

30  over the use and assignment of space and equipment within the

31  facilities.

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         (e)  The chief executive officer shall have the power

 2  to create the administrative structure necessary to carry out

 3  the mission of the institute.

 4         (f)  The chief executive officer shall have a reporting

 5  relationship to the Commissioner of Education.

 6         (g)  The chief executive officer shall provide a copy

 7  of the institute's annual report to the Governor and Cabinet,

 8  the President of the Senate, the Speaker of the House of

 9  Representatives, and the chair of the State Board of

10  Education. The annual report shall describe the expenditure of

11  all funds and shall provide information regarding research

12  that has been conducted or funded by the center, as well as

13  the expected and actual results of such research.

14         (h)  By August 1 of each year, the chief executive

15  officer shall develop and submit to the Governor and Cabinet,

16  the President of the Senate, the Speaker of the House of

17  Representatives, and the chair of the State Board of Education

18  an annual operating budget detailing the planned use of state,

19  federal, and private funds for the fiscal year.

20         (8)(a)  Applications for Alzheimer's disease research

21  funding may be submitted from any university or established

22  research institute in the state. All qualified investigators

23  in the state, regardless of institutional affiliation, shall

24  have equal access and opportunity to compete for the research

25  funding. Grants shall be awarded by the board of directors of

26  the not-for-profit corporation, after consultation with the

27  CURED advisory council created under s. 381.855, on the basis

28  of scientific merit, as determined by an open, competitive

29  peer review process that ensures objectivity, consistency, and

30  high quality. The following types of applications shall be

31  considered for funding:

                                  17

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1         1.  Investigator-initiated research grants.

 2         2.  Institutional research grants.

 3         (b)  To ensure that all proposals for research funding

 4  are appropriate and are evaluated fairly on the basis of

 5  scientific merit, the board of directors of the not-for-profit

 6  corporation, in consultation with the council of scientific

 7  advisors, shall appoint a peer review panel of independent,

 8  scientifically qualified individuals to review the scientific

 9  content of each proposal and establish its scientific priority

10  score. The priority scores shall be forwarded to the council

11  and must be considered in determining which proposals shall be

12  recommended for funding.

13         (c)  The council of scientific advisors and the peer

14  review panel shall establish and follow rigorous guidelines

15  for ethical conduct and adhere to a strict policy with regard

16  to conflict of interest and confidentiality which shall comply

17  with National Institutes of Health standards. All employees,

18  members of the board of directors, and affiliates of the

19  not-for-profit corporation shall follow the same rigorous

20  guidelines for ethical conduct and shall adhere to the same

21  strict policy with regard to conflict of interest and

22  confidentiality. A member of the council or panel may not

23  participate in any discussion or decision with respect to a

24  research proposal by any firm, entity, or agency with which

25  the member is associated as a member of the governing body or

26  as an employee or with which the member has entered into a

27  contractual arrangement. Meetings of the council and the peer

28  review panels are subject to chapter 119, s. 286.011, and s.

29  24, Art. I of the State Constitution.

30         (12)  The Legislature may annually appropriate funds to

31  the Johnnie B. Byrd, Sr., Alzheimer's Center and Research

                                  18

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  Institute at the University of South Florida for the purposes

 2  of this section.

 3         Section 10.  All appointments to the board of directors

 4  of the not-for-profit corporation for the Johnnie B. Byrd,

 5  Sr., Alzheimer's Center and Research Institute that were not

 6  made in accordance with s. 1004.445, Florida Statutes, as

 7  amended by this act, shall expire June 30, 2006, but such

 8  appointees may continue to serve until their successors are

 9  appointed. This section shall take effect upon this act

10  becoming a law.

11         Section 11.  (1)  The sum of $6 million is appropriated

12  from the General Revenue Fund to the Biomedical Research Trust

13  Fund in the Department of Health for fiscal year 2006-2007 for

14  purposes of the James and Esther King Biomedical Research

15  Program pursuant to s. 215.5602, Florida Statutes.

16         (2)  The sum of $9 million is appropriated from the

17  General Revenue Fund to the Florida Center for Universal

18  Research to Eradicate Disease within the Department of Health

19  for fiscal year 2006-2007 to be distributed pursuant to s.

20  381.855, Florida Statutes, to provide grants to researchers

21  seeking cures for cancer, with emphasis given to the goals

22  enumerated in s. 381.921, Florida Statutes.

23         (3)  The sum of $15 million is appropriated from the

24  General Revenue Fund to the Johnnie B. Byrd, Sr., Alzheimer's

25  Center and Research Institute at the University of South

26  Florida for fiscal year 2006-2007 for the purposes of

27  conducting research, developing and operating integrated data

28  projects, and providing assistance to memory disorder clinics

29  as provided under s. 430.502, Florida Statutes. Not less than

30  80 percent of these funds shall be distributed by the center

31  

                                  19

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    Florida Senate - 2006                                  SB 1826
    37-59A-06                                               See HB




 1  as institutional research grants or investigator-initiated

 2  research grants.

 3         Section 12.  Except as otherwise expressly provided in

 4  this act and except for this section, which shall take effect

 5  upon this act becoming a law, this act shall take effect July

 6  1, 2006.

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                                  20

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