| 1 | The Health Care General Committee recommends the following: | 
| 2 | 
 | 
| 3 | Council/Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to vaccine production facilities; | 
| 7 | requiring Enterprise Florida, Inc., to conduct an outreach | 
| 8 | campaign to encourage vaccine production facilities to | 
| 9 | produce certain vaccines in this state; exempting certain | 
| 10 | business entities from liability under certain | 
| 11 | circumstances; providing an effective date. | 
| 12 | 
 | 
| 13 | WHEREAS, the adequacy of our country's supply of vaccines | 
| 14 | has been called into question because of the growing demand for | 
| 15 | the influenza vaccine and other vaccines in response to the | 
| 16 | exhortations of public health officials, and | 
| 17 | WHEREAS, this growing demand for vaccines has increased the | 
| 18 | pressure on the nation's domestic suppliers and created the | 
| 19 | potential for a major public health crisis, and | 
| 20 | WHEREAS, the issue of the inadequacy of vaccine supplies to | 
| 21 | meet the needs of our citizens, and particularly to protect the | 
| 22 | public against influenza, which kills some 36,000 Americans each | 
| 23 | year, has now advanced to the forefront of the public health | 
| 24 | agenda, and | 
| 25 | WHEREAS, urgent action is needed to augment the limited | 
| 26 | domestic vaccine supply, especially the supply of influenza | 
| 27 | vaccine, in order to protect the health of the American public, | 
| 28 | not only those individuals who are most at risk from vaccine- | 
| 29 | preventable diseases but also the rest of the population as | 
| 30 | well, and | 
| 31 | WHEREAS, given the impediment to the increased production | 
| 32 | of vaccines created by the regulatory requirements imposed by | 
| 33 | the United States Food and Drug Administration, the state should | 
| 34 | offer financial incentives to pharmaceutical manufacturers to | 
| 35 | increase the production of vaccines and thereby ensure their | 
| 36 | availability in quantities that are adequate to protect the most | 
| 37 | vulnerable individuals in the state and to permit the rest of | 
| 38 | the citizens of the state who wish to be vaccinated to receive | 
| 39 | this protection as well, NOW, THEREFORE, | 
| 40 | 
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| 41 | Be It Enacted by the Legislature of the State of Florida: | 
| 42 | 
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| 43 | Section 1.  Vaccine production facilities; outreach | 
| 44 | campaign for vaccine production; liability.-- | 
| 45 | (1)  Enterprise Florida, Inc., as the principal economic | 
| 46 | development organization for the state under s. 288.9015, | 
| 47 | Florida Statutes, shall conduct an outreach campaign to | 
| 48 | encourage pharmaceutical companies located in this state to | 
| 49 | produce vaccines for the prevention of communicable diseases and | 
| 50 | to encourage pharmaceutical companies located outside of this | 
| 51 | state to establish facilities in this state to produce vaccines | 
| 52 | for the prevention of communicable diseases. | 
| 53 | (2)  A business, corporation, sole proprietorship, | 
| 54 | partnership, subchapter S corporation, limited liability | 
| 55 | corporation, nonprofit corporation, consortium, or other | 
| 56 | business entity located in this state that in good faith | 
| 57 | develops or produces vaccines for the prevention of communicable | 
| 58 | diseases shall not be held liable for civil damages for any act | 
| 59 | or omission, except for knowing and willful acts or omissions, | 
| 60 | in the development or production of vaccines for the prevention | 
| 61 | of communicable diseases that are approved for market | 
| 62 | distribution by the United States Food and Drug Administration. | 
| 63 | Section 2.  This act shall take effect July 1, 2006. |