Senate Bill sb1826c3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
By the Committees on Government Efficiency Appropriations;
Education; Health Care; and Senators Saunders, Fasano and
Klein
593-2159-06
1 A bill to be entitled
2 An act relating to biomedical research;
3 providing legislative intent; amending s.
4 20.435, F.S.; authorizing the use of funds in
5 the Biomedical Research Trust Fund for the
6 purposes of the William G. "Bill" Bankhead,
7 Jr., and David Coley Cancer Research Program;
8 amending s. 215.5602, F.S.; revising the
9 membership and the method for appointing
10 members to the Biomedical Research Advisory
11 Council; requiring the council to award grants
12 for cancer research through the William G.
13 "Bill" Bankhead, Jr., and David Coley Cancer
14 Research Program; providing for the repeal of
15 s. 215.5602, F.S.; requiring the Legislature to
16 review the program prior to the repeal;
17 providing for transition to new appointments;
18 amending s. 381.855, F.S.; revising the
19 membership of the advisory council for the
20 Florida Center for Universal Research to
21 Eradicate Disease; providing for terms of
22 office and the filling of vacancies; providing
23 for officers, meetings, and procedures;
24 providing for transition to new appointments;
25 amending s. 381.921, F.S.; revising a goal of
26 the Florida Cancer Council; creating s.
27 381.922, F.S.; establishing the William G.
28 "Bill" Bankhead, Jr., and David Coley Cancer
29 Research Program within the Department of
30 Health; providing the purpose of the program;
31 requiring the program to provide grants for
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 cancer research; providing procedures for
2 awarding cancer research grants; providing for
3 peer-review panels; providing requirements with
4 respect to ethical conduct and conflicts of
5 interest; providing for public records and
6 meetings; requiring an annual report;
7 authorizing the Legislature to annually
8 appropriate funds for the William G. "Bill"
9 Bankhead, Jr., and David Coley Cancer Research
10 Program; providing for the repeal of s.
11 381.922, F.S.; requiring the Legislature to
12 review the program prior to the repeal;
13 amending s. 381.98, F.S.; providing that a
14 purpose of the Florida Public Health Foundation
15 is to provide services to the Department of
16 Health; allowing the foundation to provide
17 personnel to the department for specified
18 purposes; providing that such personnel are not
19 state employees and are not entitled to state
20 benefits; providing that the foundation may
21 purchase goods, services, and property for use
22 by the department; exempting such purchases
23 from chs. 253, 255, and 287, F.S., and from
24 control by the Department of Environmental
25 Protection or the Department of Management
26 Services; amending s. 561.121, F.S.;
27 redistributing certain funds collected from
28 taxes on alcoholic beverages; amending s.
29 1004.445, F.S.; revising the method of
30 appointing and filling vacancies on the board
31 of directors of the Johnnie B. Byrd, Sr.,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 Alzheimer's Center and Research Institute;
2 requiring certain information in the annual
3 report; requiring an annual operating budget;
4 providing procedures for awarding of
5 Alzheimer's disease research grants; providing
6 for peer-review panels; providing requirements
7 with respect to ethical conduct and conflicts
8 of interest; providing for public records and
9 meetings; providing for the repeal of s.
10 1004.445, F.S.; requiring the Legislature to
11 review the center and institute prior to the
12 repeal; providing for transition to new
13 appointments; providing an appropriation;
14 providing effective dates.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. It is the intent of the Legislature to
19 provide funding to support grants for biomedical research in
20 this state with the anticipation that sustained funding for
21 biomedical research over a period of years will lead to an
22 alleviation of human suffering from diseases such as cancer
23 and Alzheimer's disease. It is the intent of the Legislature
24 to dramatically reduce this state's inordinately high cancer
25 burden, reducing both cancer incidence and mortality, while
26 advancing scientific endeavors in this state, making this
27 state a world-class leader in cancer research and treatment.
28 Further, it is the intent of the Legislature to address the
29 debilitating and deadly effects of Alzheimer's disease by
30 supporting research in Alzheimer's disease statewide through
31 the awarding of research grants on a competitive basis.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 Additionally, it is the intent of the Legislature to stimulate
2 dramatic economic development, particularly in the
3 biotechnology industry, through investment in this state's
4 biomedical research.
5 Section 2. Paragraph (h) of subsection (1) of section
6 20.435, Florida Statutes, is amended to read:
7 20.435 Department of Health; trust funds.--
8 (1) The following trust funds are hereby created, to
9 be administered by the Department of Health:
10 (h) Biomedical Research Trust Fund.
11 1. Funds to be credited to the trust fund shall
12 consist of funds deposited pursuant to ss. s. 215.5601 and
13 381.922. Funds shall be used for the purposes of the William
14 G. "Bill" Bankhead, Jr., and David Coley Cancer Research
15 Program and the James and Esther King Biomedical Research
16 Program as specified in ss. 215.5602 and 288.955. The trust
17 fund is exempt from the service charges imposed by s. 215.20.
18 2. Notwithstanding the provisions of s. 216.301 and
19 pursuant to s. 216.351, any balance in the trust fund at the
20 end of any fiscal year shall remain in the trust fund at the
21 end of the year and shall be available for carrying out the
22 purposes of the trust fund. The department may invest these
23 funds independently through the Chief Financial Officer or may
24 negotiate a trust agreement with the State Board of
25 Administration for the investment management of any balance in
26 the trust fund.
27 3. Notwithstanding s. 216.301 and pursuant to s.
28 216.351, any balance of any appropriation from the Biomedical
29 Research Trust Fund which is not disbursed but which is
30 obligated pursuant to contract or committed to be expended may
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 be certified by the Governor for up to 3 years following the
2 effective date of the original appropriation.
3 4. The trust fund shall, unless terminated sooner, be
4 terminated on July 1, 2008.
5 Section 3. Subsection (3) of section 215.5602, Florida
6 Statutes, is amended, and subsections (11) and (12) are added
7 to that section, to read:
8 215.5602 James and Esther King Biomedical Research
9 Program.--
10 (3) There is created within the Department of Health
11 the Biomedical Research Advisory Council.
12 (a) The council shall consist of 11 nine members,
13 including: the chief executive officer of the Florida Division
14 of the American Cancer Society, or a designee; the chief
15 executive officer of the Florida/Puerto Rico Affiliate of the
16 American Heart Association, or a designee; and the chief
17 executive officer of the American Lung Association of Florida,
18 or a designee. The Governor shall appoint the remaining eight
19 six members of the council shall be appointed, as follows:
20 1. The Governor shall appoint four members, two
21 members with expertise in the field of biomedical research,
22 one member from a research university in the state, and one
23 member representing the general population of the state.
24 2. The President of the Senate shall appoint two
25 members, one member with expertise in the field of behavioral
26 or social research and one representative from a cancer
27 program approved by the American College of Surgeons.
28 3. The Speaker of the House of Representatives shall
29 appoint two members, one member from a professional medical
30 organization and one representative from a cancer program
31 approved by the American College of Surgeons.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 4. One member from a research university in the state.
2 5. One member representing the general population of
3 the state.
4
5 In making these his or her appointments, the Governor, the
6 President of the Senate, and the Speaker of the House of
7 Representatives shall select primarily, but not exclusively,
8 Floridians with biomedical and lay expertise in the general
9 areas of cancer, cardiovascular disease, stroke, and pulmonary
10 disease. The Governor's appointments shall be for a 3-year
11 term and shall reflect the diversity of the state's
12 population. An appointed A council member appointed by the
13 Governor may not serve more than two consecutive terms.
14 (b) The council shall adopt internal organizational
15 procedures as necessary for its efficient organization.
16 (c) The department shall provide such staff,
17 information, and other assistance as is reasonably necessary
18 to assist the council in carrying out its responsibilities.
19 (d) Members of the council shall serve without
20 compensation, but may receive reimbursement as provided in s.
21 112.061 for travel and other necessary expenses incurred in
22 the performance of their official duties.
23 (11) The council shall award grants for cancer
24 research through the William G. "Bill" Bankhead, Jr., and
25 David Coley Cancer Research Program created in s. 381.922.
26 (12) This section expires January 1, 2011. The
27 Legislature shall review the performance, the outcomes, and
28 the financial management of the James and Esther King
29 Biomedical Research Program during the 2010 Regular Session of
30 the Legislature and shall determine the most appropriate
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 funding source and means of funding the program, based on its
2 review.
3 Section 4. All appointments to the Biomedical Research
4 Advisory Council for the James and Esther King Biomedical
5 Research Program which were not made in accordance with s.
6 215.5602, Florida Statutes, as amended by this act, shall
7 expire June 30, 2006, but such appointees may continue to
8 serve until their successors are appointed. This section shall
9 take effect upon this act becoming a law.
10 Section 5. Subsection (5) of section 381.855, Florida
11 Statutes, is amended, and subsections (6) and (7) are added to
12 that section, to read:
13 381.855 Florida Center for Universal Research to
14 Eradicate Disease.--
15 (5) There is established within the center an advisory
16 council that shall meet at least annually.
17 (a) The council shall consist of one representative
18 from a Florida not-for-profit institution engaged in basic and
19 clinical biomedical research and education which receives more
20 than $10 million in annual grant funding from the National
21 Institutes of Health, to be appointed by the Secretary of
22 Health from a different institution each term, and the members
23 of the board of directors of the Florida Research Consortium
24 and at least one representative from and appointed by each of
25 the following entities:
26 1. The Emerging Technology Commission.
27 1.2. Enterprise Florida, Inc.
28 2.3. BioFlorida.
29 3.4. The Biomedical Research Advisory Council.
30 4.5. The Florida Medical Foundation.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 5.6. Pharmaceutical Research and Manufacturers of
2 America.
3 7. The Florida Tri-Agency Coalition on Smoking OR
4 Health.
5 6.8. The Florida Cancer Council.
6 7.9. The American Cancer Society, Florida Division,
7 Inc.
8 8.10. The American Heart Association.
9 9.11. The American Lung Association of Florida.
10 10.12. The American Diabetes Association, South
11 Coastal Region.
12 11.13. The Alzheimer's Association.
13 12.14. The Epilepsy Foundation.
14 13.15. The National Parkinson Foundation.
15 14.16. The Florida Public Health Foundation, Inc.
16 15.17. The Florida Research Consortium Scripps Florida
17 or the entity formed in this state by The Scripps Research
18 Institute.
19 (b) Members of the council shall serve without
20 compensation, and each organization represented shall cover
21 all expenses of its representative.
22 (6) Members shall be appointed to 4-year terms of
23 office. The members of the advisory council shall annually
24 elect a chair from among the members of the advisory council.
25 Any vacancy on the advisory council shall be filled in the
26 same manner as the original appointment.
27 (7) The advisory council shall meet at least annually,
28 but may meet as often as it deems necessary to carry out its
29 duties and responsibilities. The advisory council may take
30 official action by a majority vote of the members present at
31 any meeting at which a quorum is present.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 Section 6. All appointments to the advisory council
2 for the Florida Center for Universal Research to Eradicate
3 Disease which were not made in accordance with s. 381.855,
4 Florida Statutes, as amended by this act, shall expire June
5 30, 2006, but such appointees may continue to serve until
6 their successors are appointed. This section shall take effect
7 upon this act becoming a law.
8 Section 7. Subsection (1) of section 381.921, Florida
9 Statutes, is amended to read:
10 381.921 Florida Cancer Council mission and
11 duties.--The council, which shall work in concert with the
12 Florida Center for Universal Research to Eradicate Disease to
13 ensure that the goals of the center are advanced, shall
14 endeavor to dramatically improve cancer research and treatment
15 in this state through:
16 (1) Efforts to significantly expand cancer research
17 capacity in the state by:
18 (a) Identifying ways to attract new research talent
19 and attendant national grant-producing researchers to
20 Florida-based cancer research facilities in this state;
21 (b) Implementing a peer-reviewed, competitive process
22 to identify and fund the best proposals to expand cancer
23 research institutes in this state;
24 (c) Funding through available resources for those
25 proposals that demonstrate the greatest opportunity to attract
26 federal research grants and private financial support;
27 (d) Encouraging the employment of bioinformatics in
28 order to create a cancer informatics infrastructure that
29 enhances information and resource exchange and integration
30 through researchers working in diverse disciplines, to
31 facilitate the full spectrum of cancer investigations;
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 (e) Facilitating the technical coordination, business
2 development, and support of intellectual property as it
3 relates to the advancement of cancer research; and
4 (f) Aiding in other multidisciplinary research-support
5 activities as they inure to the advancement of cancer
6 research.
7 Section 8. Section 381.922, Florida Statutes, is
8 created to read:
9 381.922 William G. "Bill" Bankhead, Jr., and David
10 Coley Cancer Research Program.--
11 (1) The William G. "Bill" Bankhead, Jr., and David
12 Coley Cancer Research Program, which may be otherwise cited as
13 the "Bankhead-Coley Program," is created within the Department
14 of Health. The purpose of the program shall be to advance
15 progress towards cures for cancer through grants awarded
16 through a peer-reviewed, competitive process.
17 (2) The program shall provide grants for cancer
18 research to further the search for cures for cancer.
19 (a) Emphasis shall be given to the goals enumerated in
20 s. 381.921, as those goals support the advancement of such
21 cures.
22 (b) Preference may be given to grant proposals that
23 foster collaborations among institutions, researchers, and
24 community practitioners, as such proposals support the
25 advancement of cures through basic or applied research,
26 including clinical trials involving cancer patients and
27 related networks.
28 (3)(a) Applications for funding for cancer research
29 may be submitted by any university or established research
30 institute in the state. All qualified investigators in the
31 state, regardless of institutional affiliation, shall have
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 equal access and opportunity to compete for the research
2 funding. Collaborative proposals, including those that advance
3 the program's goals enumerated in subsection (2), may be given
4 preference. Grants shall be awarded by the Secretary of
5 Health, after consultation with the Biomedical Research
6 Advisory Council, on the basis of scientific merit, as
7 determined by an open, competitive peer-review process that
8 ensures objectivity, consistency, and high quality. The
9 following types of applications shall be considered for
10 funding:
11 1. Investigator-initiated research grants.
12 2. Institutional research grants.
13 3. Collaborative research grants, including those that
14 advance the finding of cures through basic or applied
15 research.
16 (b) In order to ensure that all proposals for research
17 funding are appropriate and are evaluated fairly on the basis
18 of scientific merit, the Secretary of Health, in consultation
19 with the council, shall appoint a peer-review panel of
20 independent, scientifically qualified individuals to review
21 the scientific content of each proposal and establish its
22 priority score. The priority scores shall be forwarded to the
23 council and must be considered in determining which proposals
24 shall be recommended for funding.
25 (c) The council and the peer-review panel shall
26 establish and follow rigorous guidelines for ethical conduct
27 and adhere to a strict policy with regard to conflicts of
28 interest. A member of the council or panel may not participate
29 in any discussion or decision with respect to a research
30 proposal by any firm, entity, or agency with which the member
31 is associated as a member of the governing body or as an
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 employee or with which the member has entered into a
2 contractual arrangement. Meetings of the council and the
3 peer-review panels are subject to chapter 119, s. 286.011, and
4 s. 24, Art. I of the State Constitution.
5 (4) By December 15 of each year, the Department of
6 Health shall submit to the Governor, the President of the
7 Senate, and the Speaker of the House of Representatives a
8 report indicating progress towards the program's mission and
9 making recommendations that further its purpose.
10 (5) The Legislature may annually appropriate funds to
11 the Biomedical Research Trust Fund for the William G. "Bill"
12 Bankhead, Jr., and Davis Coley Cancer Research Program for the
13 purposes of this section.
14 (6) This section expires January 1, 2011. The
15 Legislature shall review the performance, the outcomes, and
16 the financial management of the William G. "Bill" Bankhead,
17 Jr., and David Coley Cancer Research Program during the 2010
18 Regular Session of the Legislature, and shall determine the
19 most appropriate funding source and means of funding the
20 program, based on its review.
21 Section 9. Subsection (1) of section 381.98, Florida
22 Statutes, is amended, present subsection (10) of that section
23 is redesignated as subsection (12), and new subsections (10)
24 and (11) are added to that section, to read:
25 381.98 The Florida Public Health Foundation, Inc.;
26 establishment; purpose; mission; duties; board of directors.--
27 (1) The Florida Public Health Foundation, Inc.,
28 referred to in this section as "the corporation," is
29 established for the purpose of disseminating breakthrough
30 findings in biomedical research, and promoting health
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 awareness in this state, and providing services to the
2 Department of Health.
3 (10) The corporation may provide personnel to the
4 Department of Health for purposes of performing duties and
5 responsibilities outlined in private and public grants
6 received by the Department of Health. Such personnel are not
7 state employees and are not entitled to retirement credit and
8 other benefits provided to state employees under chapters 110
9 and 112. Such personnel shall perform services pursuant to an
10 agreement between the corporation and the Department of
11 Health.
12 (11) The corporation may purchase goods, services, and
13 property for use by the Department of Health. Such purchases
14 are not subject to chapter 253, chapter 255, or chapter 287 or
15 to the control and direction of the Department of
16 Environmental Protection or the Department of Management
17 Services.
18 Section 10. Subsection (1) of section 561.121, Florida
19 Statutes, is amended to read:
20 561.121 Deposit of revenue.--
21 (1) All state funds collected pursuant to ss. 563.05,
22 564.06, and 565.12 shall be paid into the State Treasury and
23 disbursed in the following manner:
24 (a)1. Two percent of monthly collections of the excise
25 taxes on alcoholic beverages established in ss. 563.05,
26 564.06, and 565.12 shall be deposited into the Alcoholic
27 Beverage and Tobacco Trust Fund to meet the division's
28 appropriation for the state fiscal year.
29 2. Beginning July 1, 2004, there is annually
30 distributed $15 million to the Grants and Donations Trust Fund
31 within the Department of Elderly Affairs, and these funds are
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 annually appropriated to support a contract with the Johnnie
2 B. Byrd, Sr., Alzheimer's Center and Research Institute at the
3 University of South Florida for the purposes of conducting
4 research, providing grants to researchers, developing and
5 operating integrated data projects, and providing assistance
6 to memory disorder clinics as established in s. 430.502. Not
7 less than 80 percent of these funds shall be distributed
8 annually by the center as institutional research grants or
9 investigator-initiated research grants.
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 11. 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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
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
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
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
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
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.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
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 on the basis of scientific
27 merit, as determined by an open, competitive peer-review
28 process that ensures objectivity, consistency, and high
29 quality. The following types of applications shall be
30 considered for funding:
31 1. Investigator-initiated research grants.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 2. Institutional research grants.
2 (b) To ensure that all proposals for research funding
3 are appropriate and are evaluated fairly on the basis of
4 scientific merit, the board of directors of the not-for-profit
5 corporation, in consultation with the council of scientific
6 advisors, shall appoint a peer-review panel of independent,
7 scientifically qualified individuals to review the scientific
8 content of each proposal and establish its scientific priority
9 score. The priority scores shall be forwarded to the council
10 and must be considered in determining which proposals shall be
11 recommended for funding.
12 (c) The council of scientific advisors and the
13 peer-review panel shall establish and follow rigorous
14 guidelines for ethical conduct and adhere to a strict policy
15 with regard to conflict of interest. All employees, members of
16 the board of directors, and affiliates of the not-for-profit
17 corporation shall follow the same rigorous guidelines for
18 ethical conduct and shall adhere to the same strict policy
19 with regard to conflict of interest. A member of the council
20 or panel may not participate in any discussion or decision
21 with respect to a research proposal by any firm, entity, or
22 agency with which the member is associated as a member of the
23 governing body or as an employee or with which the member has
24 entered into a contractual arrangement. Meetings of the
25 council and the peer-review panels are subject to chapter 119,
26 s. 286.011, and s. 24, Art. I of the State Constitution.
27 (12) This section expires January 1, 2011. The
28 Legislature shall review the performance, the outcomes, and
29 the financial management of the Johnnie B. Byrd, Sr.,
30 Alzheimer's Center and Research Institute during the 2010
31 Regular Session of the Legislature, and shall determine the
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 most appropriate funding source and means of funding the
2 center and institute, based on its review.
3 Section 12. 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 13. The sum of $9 million is appropriated from
12 the General Revenue Fund to the Biomedical Research Trust Fund
13 within the Department of Health for purposes of the William G.
14 "Bill" Bankhead, Jr., and David Coley Cancer Research Program
15 for the 2006-2007 fiscal year, and shall be distributed
16 pursuant to s. 381.922, Florida Statutes, to provide grants to
17 researchers seeking cures for cancer, with emphasis given to
18 the goals enumerated in s. 381.921, Florida Statutes. From the
19 total funds appropriated, an amount of up to 10 percent may be
20 used for administrative expenses.
21 Section 14. Except as otherwise expressly provided in
22 this act and except for this section, which shall take effect
23 upon this act becoming a law, this act shall take effect July
24 1, 2006.
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 1826
593-2159-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/CS/SB 1826
3
4 The Committee Substitute makes the following changes to
CS/CS/SB 1826:
5
1) Restores the annual distribution of alcoholic beverage
6 tax collections from the State Treasury and deletes the
appropriation from general revenue for the following
7 programs:
8 a. $6 million for the James and Esther King Biomedical
Research Program, with up to $250,000 of that amount
9 designated for operation of the Center for Universal
Research to Eradicate Disease (CURED), and
10
b. $15 million for the Johnnie B. Byrd, Sr.,
11 Alzheimer's Center and Research Institute, requiring
80 percent of those funds to be distributed as
12 grants to researchers.
13 2) Provides for repeal of the James and Esther King
Biomedical Research Program, the Johnnie B. Byrd, Sr.,
14 Alzheimer's Center and Research Institute, and the
Bankhead and Coley Cancer Research Program on January 1,
15 2011, and requires the Legislature to review the programs
in the 2010 Regular Session. Based upon its review of the
16 performance, the outcomes, and the financial management
of the programs/center, the Legislature will determine
17 the most appropriate funding source and means of funding
the programs/center.
18
3) Revises the duties of the Florida Public Health
19 Foundation to allow the foundation to provide services
and personnel to the Department of Health. The provision
20 of the personnel and services would be exempt from chs.
110, 112, 253, 255, and 287, F.S.
21
22
23
24
25
26
27
28
29
30
31
21
CODING: Words stricken are deletions; words underlined are additions.