Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 468
                        Barcode 740844
                            CHAMBER ACTION
              Senate                               House
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       04/25/2006 07:50 PM         .                    
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11  The Committee on Health Care (Miller) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (h) of subsection (1) of section
19  20.435, Florida Statutes, is amended to read:
20         20.435  Department of Health; trust funds.--
21         (1)  The following trust funds are hereby created, to
22  be administered by the Department of Health:
23         (h)  Biomedical Research Trust Fund.
24         1.  Funds to be credited to the trust fund shall
25  consist of funds deposited pursuant to ss. s. 215.5601,
26  288.955, and 381.99. Funds shall be used for the purposes of
27  the James and Esther King Biomedical Research Program as
28  specified in ss. 215.5602 and 288.955 and the purposes of the
29  Florida Better Quality of Life and Biomedical Research Act as
30  specified in s. 381.99. The trust fund is exempt from the
31  service charges imposed by s. 215.20.
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 2. Notwithstanding the provisions of s. 216.301 and 2 pursuant to s. 216.351, any balance in the trust fund at the 3 end of any fiscal year shall remain in the trust fund at the 4 end of the year and shall be available for carrying out the 5 purposes of the trust fund. The department may invest these 6 funds independently through the Chief Financial Officer or may 7 negotiate a trust agreement with the State Board of 8 Administration for the investment management of any balance in 9 the trust fund. 10 3. Notwithstanding s. 216.301 and pursuant to s. 11 216.351, any balance of any appropriation from the Biomedical 12 Research Trust Fund which is not disbursed but which is 13 obligated pursuant to contract or committed to be expended may 14 be certified by the Governor for up to 3 years following the 15 effective date of the original appropriation. 16 4. The trust fund shall, unless terminated sooner, be 17 terminated on July 1, 2008. 18 Section 2. Present subsections (2), (3), (4), and (5) 19 of section 381.86, Florida Statutes, are renumbered as 20 subsections (3), (4), (5), and (6), respectively, and a new 21 subsection (2) is added to that section, to read: 22 381.86 Institutional Review Board.-- 23 (2) The Secretary of Health shall determine and 24 appoint the membership of the board and designate its chair, 25 except with respect to a review of research funded under s. 26 381.99 which shall have a separate review committee 27 constituted as described in s. 381.99 for the sole purpose of 28 reviewing research funded under s. 381.99. 29 Section 3. Section 381.99, Florida Statutes, is 30 created to read: 31 381.99 Florida Better Quality of Life and Biomedical 2 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 Research Act.-- 2 (1) SHORT TITLE.--This section may be cited as the 3 "Florida Better Quality of Life and Biomedical Research Act." 4 (2) DEFINITIONS.--As used in this section, the term: 5 (a) "Adult stem cell" means an undifferentiated cell 6 found among differentiated cells in a tissue or an organ that 7 can renew itself and can differentiate to yield the major 8 specialized cell types of the tissue or organ. 9 (b) "Embryonic stem cells" means cells obtained from 10 the undifferentiated inner mass of an early stage embryo. 11 (c) "Human reproductive cloning" means the practice of 12 creating or attempting to create a human being by transferring 13 the nucleus from a human cell into an egg cell from which the 14 nucleus has been removed for the purpose of implanting the 15 resulting product in a uterus or substitute for a uterus to 16 initiate a pregnancy. 17 (d) "In vitro fertilization" means a technique in 18 which oocytes are fertilized by sperm outside of a woman's 19 body resulting in organisms that are not genetically identical 20 to any one existing human. 21 (e) "Stem cells" means undifferentiated cells which 22 retain the potential to differentiate into some or all other 23 cell types. 24 (3) LEGISLATIVE FINDINGS.--The Legislature finds that: 25 (a) An estimated 130 million Americans suffer from 26 acute, chronic, and degenerative diseases and that there is 27 enormous potential for lifesaving treatment and therapy as a 28 result of recent advances in biomedical research. 29 (b) Florida is unique among all states for its large 30 projected net population increase within the next 20 years. 31 This increase, in turn, raises significant health care 3 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 concerns as a new, larger generation of retirees moves to this 2 state, resulting in a corresponding rise in the number of 3 persons suffering from illnesses such as cancer, heart 4 disease, Alzheimer's Disease, Parkinson's Disease, cerebral 5 palsy, atherosclerosis, amyotrophic lateral sclerosis, AIDS, 6 spinal cord injuries, severe burns, osteoporosis, 7 osteoarthritis, cystic fibrosis, muscular dystrophy, multiple 8 sclerosis, macular degeneration, diabetic retinopathy, 9 retinitis pigmentosa, cirrhosis of the liver, motor neuron 10 disease, brain trauma, stroke, sickle cell anemia, and 11 intestinal diseases. Juvenile diabetes is becoming more 12 prevalent in children in this state. 13 (c) In order to maintain a high quality of life for 14 all Floridians, research into stem cell regenerative therapies 15 and treatment, among other therapies and treatments, should be 16 supported to give hope and relief to the millions of residents 17 who suffer in silence from degenerative and crippling 18 diseases. 19 (d) To reduce the burden on the health care 20 infrastructure, the state must shift its health care 21 objectives from costly long-term maintenance toward prevention 22 and cures. 23 (e) To bolster and advance Florida's burgeoning 24 biotechnology industry, the state should continue to provide 25 funds and incentives for private research companies to work in 26 the state. 27 (f) The state should advance the goal of scientific 28 and academic discourse in our colleges, universities, and 29 private research institutions and should continue to help 30 bring these institutions to the forefront in biomedical 31 research and technology. 4 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 (g) It will benefit the economy of the state to create 2 a wide array of new projects and high-paying jobs relating to 3 biomedical research. 4 (h) It will benefit the state to foster cooperation 5 between the state's colleges, universities, and private-sector 6 research in terms of jobs, resources, and academic discourse 7 relating to biomedical research. 8 (i) The public funds provided under this section are 9 intended to spur innovation and development in the state's 10 biomedical technology sector, which will be used to treat 11 debilitating chronic diseases. 12 (4) STEM CELL RESEARCH ADVISORY COUNCIL.--There shall 13 be established a Stem Cell Research Advisory Council. 14 (a) The advisory council shall consist of the 15 Secretary of Health, who shall act as chair, and six 16 additional members, who shall be appointed as follows: 17 1. Two persons appointed by the Governor, one of whom 18 shall be an academic researcher in the field of stem cell 19 research and one of whom shall have a background in bioethics. 20 2. One person appointed by the President of the 21 Senate, who shall have a background in private sector stem 22 cell funding and development and public sector biomedical 23 research and funding. 24 3. One person appointed by the Speaker of the House of 25 Representatives, who shall have a background in private-sector 26 stem cell funding and development and public-sector biomedical 27 research and funding. 28 4. One person appointed by the Minority Leader of the 29 Senate, who shall have a background and experience in 30 public-sector or private-sector stem cell research and 31 development. 5 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 5. One person appointed by the Minority Leader of the 2 House of Representatives, who shall have a background and 3 experience in business and financial investments. 4 5 Members shall be appointed to terms of 2 years each commencing 6 on October 1, 2006. A member may not serve for more than two 7 consecutive 2-year terms. All initial appointments must be 8 made by October 1, 2006. The first meeting shall take place no 9 later than November 1, 2006. Members shall meet at least twice 10 annually, but no more than four times annually. Members shall 11 serve without compensation but are entitled to reimbursement 12 for per diem and travel expenses in accordance with s. 13 112.061. 14 (b) The members of the advisory council shall work to 15 provide an environment fostering the advancement of embryonic 16 and human adult stem cell research. The advisory council 17 shall: 18 1. Develop a donated-funds program for recommendation 19 to the Secretary of Health, to encourage the development of 20 funds other than state appropriations for embryonic and human 21 adult stem cell research in the state. 22 2. Examine and identify specific ways to improve and 23 promote for-profit and not-for-profit embryonic and human 24 adult stem cell and related research in the state, including, 25 but not limited to, identifying both public and private 26 funding sources for such research, maintaining existing 27 activities related to embryonic and human adult stem cell 28 research, recruiting new activities to the state related to 29 embryonic and human adult stem cell research, and recruiting 30 scientists and researchers in such fields to the state and 31 state universities. 6 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 3. Develop a biomedical research grant program for 2 recommendation to the Secretary of Health, which shall provide 3 grants-in-aid to eligible institutions for the advancement of 4 embryonic or human adult stem cell research. 5 4. Develop, no later than December 1, 2006, an 6 application for grants-in-aid under this section for 7 recommendation to the Secretary of Health for the purpose of 8 conducting embryonic or human adult stem cell research. 9 5. Receive applications from eligible institutions for 10 grants-in-aid on and after December 1, 2006, and provide to 11 the Secretary of Health recommended grant awards. 12 6. Monitor the stem cell research conducted by 13 eligible institutions that receive such grants-in-aid. 14 (c) The advisory council shall submit an annual 15 progress report on the state of biomedical research in the 16 state to the Florida Center for Universal Research to 17 Eradicate Disease and to the Governor, the Secretary of 18 Health, the President of the Senate, and the Speaker of the 19 House of Representatives by June 30. The report must include: 20 1. The amount of grants-in-aid awarded to eligible 21 institutions from the Biomedical Research Trust Fund. 22 2. The recipients of such grants-in-aid. 23 3. The current status and progress of stem cell 24 research in the state. 25 4. A list of research projects supported by 26 grants-in-aid awarded under the program. 27 5. A list of publications in peer-reviewed journals 28 involving research supported by grants-in-aid awarded under 29 the program. 30 6. The total amount of biomedical research funding 31 currently flowing into the state. 7 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 7. New grants for biomedical research that were funded 2 based on research supported by grants-in-aid awarded under the 3 program. 4 8. All other materials the council deems advisable to 5 include. 6 (d) Advisory council members shall disclose any 7 conflict of interest or potential conflict of interest to the 8 Secretary of Health. 9 (e) The Department of Health shall provide 10 administrative staff to assist the advisory council in 11 developing the application for the grants-in-aid, reviewing 12 such applications, making recommendations to the advisory 13 council, preparing the written consent form described in 14 paragraph (7)(b), and performing other administrative 15 functions as the advisory council requires or as is deemed 16 necessary. 17 (5) STEM CELL ETHICS INSTITUTIONAL REVIEW 18 BOARD.--There shall be established within the Institutional 19 Review Board of the Department of Health a separate committee 20 that shall have oversight of the research conducted pursuant 21 to s. 381.99. The board shall provide ethical oversight for 22 stem cell research. 23 (a) For this committee only, there shall be seven 24 members, of which the Secretary of Health or the secretary's 25 designee shall act as chair. The additional members shall be 26 recommended to the secretary for appointment as follows: 27 1. Two persons appointed by the Governor. 28 2. One person appointed by the President of the 29 Senate. 30 3. One person appointed by the Speaker of the House of 31 Representatives. 8 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 4. One person appointed by the Minority Leader of the 2 Senate. 3 5. One person appointed by the Minority Leader of the 4 House of Representatives. 5 6 All members must demonstrate knowledge and understanding of 7 the ethical, medical, and scientific implications of embryonic 8 and adult stem cell research and should also demonstrate 9 knowledge of related fields, including, but not limited to, 10 genetics, cellular biology, and embryology. At least three 11 members shall have practical research experience in stem cell 12 research or related fields. Members shall be appointed to 13 terms of 4 years each commencing on October 1, 2006. A member 14 may not serve for more than two consecutive 4-year terms. All 15 initial appointments must be made by October 1, 2006. The 16 first meeting shall take place no later than November 1, 2006. 17 Members shall meet at least twice a year or as often as 18 necessary to discharge their duties but have no more than one 19 meeting per month during any 12-month period. Members shall 20 serve without compensation but are entitled to reimbursement 21 for per diem and travel expenses in accordance with s. 22 112.061. 23 (b) The committee shall review all embryonic or human 24 adult stem cell research that is funded or supported in any 25 manner through the Biomedical Research Trust Fund to ensure 26 the adherence to ethical and safety guidelines and procedures 27 as laid out by federal ethical standards established by the 28 United States Department of Health and Human Services. 29 (6) BIOMEDICAL RESEARCH TRUST FUND AND 30 GRANTS-IN-AID.-- 31 (a) The Secretary of Health shall make grants-in-aid 9 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 from the Biomedical Research Trust Fund in accordance with the 2 provisions of this section. 3 (b) The Department of Health shall require any 4 applicant for a grant-in-aid under this section, for the 5 purpose of conducting stem cell research, to submit a complete 6 description of the applicant's organization, the applicant's 7 plans for stem cell research, the applicant's proposed funding 8 for such research from sources other than the state, and the 9 applicant's proposed arrangements concerning financial 10 benefits to the state as a result of any patent, royalty 11 payment, or similar rights resulting from any stem cell 12 research made possible by the awarding of such grant-in-aid. 13 The Stem Cell Research Advisory Council shall provide 14 recommendations to the Secretary of Health with respect to 15 awarding such grants-in-aid after considering recommendations 16 from the Stem Cell Ethics Institutional Review Board. 17 (c) Beginning with the 2006-2007 fiscal year, and for 18 10 consecutive years thereafter, not less than $15 million 19 shall be made available annually from the Biomedical Research 20 Trust Fund for grants-in-aid to eligible institutions for the 21 purpose of conducting embryonic or human adult stem cell 22 research as directed by the Stem Cell Research Advisory 23 Council. Up to 15 percent of the funds may be used for 24 administrative costs. Any balance of such amount not used for 25 such grants-in-aid during a fiscal year shall be carried 26 forward for the fiscal year next succeeding for such 27 grants-in-aid. 28 (7) FUNDING.--Funds provided under this section may be 29 used only for research involving: 30 (a) Human adult stem cells, including, but not limited 31 to, adult stem cells derived from umbilical cord blood and 10 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 bone marrow. 2 (b) Human embryonic stem cells taken from donated 3 leftover embryos from in vitro fertilization treatments which 4 would otherwise be thrown away or destroyed. 5 1. A physician or other health care provider who is 6 treating a patient for infertility shall provide the patient 7 with timely, relevant, and appropriate information sufficient 8 to allow the person to make an informed and voluntary choice 9 regarding the disposition of any human embryos that remain 10 following infertility treatment. 11 2. A person to whom information is provided pursuant 12 to subparagraph 1. shall be presented with the options of 13 storing any unused embryos, donating them to another person, 14 donating the remaining embryos for research purposes, or 15 selecting other means of disposition. 16 3. A person who elects to donate, for research 17 purposes, any embryos remaining after receiving in vitro 18 fertilization treatment shall provide written consent for that 19 donation in a consent form provided by the Department of 20 Health and made available to the public on the department's 21 Internet website. 22 4. A person may not knowingly, for material or 23 financial gain, purchase, sell, or otherwise transfer or 24 obtain, or promote the sale or transfer of, embryonic fetal 25 tissue for research purposes pursuant to this section. 26 Embryonic and adult stem cell material may be donated only for 27 research purposes with the informed consent of the donor. A 28 person who violates this subparagraph commits a felony of the 29 second degree, punishable as provided in s. 775.082, s. 30 775.083, or s. 775.084. 31 (8) HUMAN REPRODUCTIVE CLONING; PROHIBITION; 11 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 PENALTIES.-- 2 (a) A person may not knowingly: 3 1. Perform or attempt to perform human reproductive 4 cloning. 5 2. Participate or assist in an attempt to perform 6 human reproductive cloning. 7 3. Ship or receive for any purpose an embryo produced 8 by human reproductive cloning or any product derived from such 9 embryo. 10 (b) A person who violates paragraph (a) commits a 11 felony of the second degree, punishable as provided in s. 12 775.082, s. 775.083, or s. 775.084. 13 Section 4. The sum of $15 million is appropriated 14 annually for the next 10 years from the General Revenue Fund 15 to the Biomedical Research Trust Fund for the purposes of the 16 Florida Better Quality of Life and Biomedical Research Act 17 pursuant to s. 381.99, Florida Statutes. 18 Section 5. This act shall take effect July 1, 2006. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to biomedical research; 28 amending s. 20.435, F.S.; revising uses for 29 funds credited to the Biomedical Research Trust 30 Fund; amending s. 381.86, F.S.; providing that 31 the Institutional Review Board within the 12 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 Department of Health may not review certain 2 research within the jurisdiction of the Stem 3 Cell Ethics Institutional Review Board; 4 creating s. 381.99, F.S., the Florida Better 5 Quality of Life and Biomedical Research Act; 6 providing definitions; providing legislative 7 findings; creating the Stem Cell Research 8 Advisory Council; providing for criteria, 9 appointment, and terms of members; authorizing 10 reimbursement for per diem and travel expenses; 11 providing duties of the advisory council, 12 including a report to the Governor, the 13 President of the Senate, and the Speaker of the 14 House of Representatives; requiring the 15 Department of Health to provide administrative 16 support; creating the Stem Cell Ethics 17 Institutional Review Board to regulate research 18 procedures and enforce ethical guidelines; 19 providing for criteria, appointment, and terms 20 of members; authorizing reimbursement for per 21 diem and travel expenses; providing duties of 22 the oversight council; providing for a 23 grants-in-aid program for the purpose of 24 conducting embryonic or human adult stem cell 25 research; providing that grants-in-aid shall be 26 provided through funds in the Biomedical 27 Research Trust Fund; restricting the use of 28 such funds for research on certain stem cells; 29 providing requirements with respect to the 30 disposition of human embryos following 31 infertility treatment; requiring the Department 13 5:24 PM 04/25/06 s0468.he18.07a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 468 Barcode 740844 1 of Health to develop and maintain on its 2 Internet website a consent form for the 3 donation of certain embryos; prohibiting the 4 purchase or sale of embryonic fetal tissue for 5 research purposes; prohibiting certain acts 6 relating to human reproductive cloning; 7 providing penalties; providing an 8 appropriation; providing an effective date. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 5:24 PM 04/25/06 s0468.he18.07a