1 | A bill to be entitled |
2 | An act relating to biomedical research; amending s. |
3 | 20.435, F.S.; revising uses for funds credited to the |
4 | Biomedical Research Trust Fund; amending s. 381.86, F.S.; |
5 | providing that the Institutional Review Board within the |
6 | Department of Health shall not review certain research |
7 | within the jurisdiction of the Stem Cell Research Advisory |
8 | Council; creating s. 381.99, F.S.; creating the Florida |
9 | Better Quality of Life and Biomedical Research Act; |
10 | providing a short title; providing definitions; creating |
11 | the Stem Cell Research Advisory Council; providing for |
12 | appointment, terms, and duties of members; authorizing |
13 | reimbursement for per diem and travel expenses; requiring |
14 | a report; requiring the Department of Health to provide |
15 | administrative support; creating the Biomedical Ethics |
16 | Advisory Council to regulate research procedures and |
17 | enforce ethical guidelines; providing for appointment, |
18 | terms, and duties of members; authorizing reimbursement |
19 | for per diem and travel expenses; providing duties of the |
20 | council; providing for a grants-in-aid program for the |
21 | purpose of conducting embryonic, amniotic, or human adult |
22 | stem cell research; providing that grants-in-aid shall be |
23 | provided through funds in the Biomedical Research Trust |
24 | Fund; restricting the use of such funds for research on |
25 | certain stem cells; providing requirements with respect to |
26 | the disposition of human embryos following infertility |
27 | treatment; requiring the Department of Health to develop |
28 | and maintain on its Internet website a consent form for |
29 | the donation of certain embryos; prohibiting purchase or |
30 | sale of embryonic fetal tissue for research purposes; |
31 | prohibiting certain acts relating to human reproductive |
32 | cloning; providing penalties; providing a continuing |
33 | appropriation; providing an effective date. |
34 |
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35 | WHEREAS, an estimated 130 million Americans suffer from |
36 | acute, chronic, and degenerative diseases and there is enormous |
37 | potential for lifesaving treatment and therapy as a result of |
38 | recent advances in biomedical research, and |
39 | WHEREAS, Florida is unique among all states because of the |
40 | size of the projected net population increase within the next 20 |
41 | years which raises significant health care concerns as a new |
42 | generation of retirees moves to Florida, resulting in a |
43 | corresponding rise in the number of persons suffering from |
44 | illnesses such as cancer, heart disease, Alzheimer's Disease, |
45 | Parkinson's Disease, cerebral palsy, juvenile diabetes, |
46 | atherosclerosis, Amyotrophic Lateral Sclerosis, AIDS, spinal |
47 | cord injuries, severe burns, osteoporosis, osteoarthritis, |
48 | cystic fibrosis, muscular dystrophy, multiple sclerosis, macular |
49 | degeneration, diabetic retinopathy, retinitis pigmentosa, |
50 | cirrhosis of the liver, motor neuron disease, brain trauma, |
51 | stroke, sickle cell anemia, and intestinal diseases, and |
52 | WHEREAS, in order to maintain a high quality of life for |
53 | all Floridians, research into stem cell regenerative therapies |
54 | and treatment should be supported to give hope and relief to the |
55 | millions of citizens who suffer from degenerative and crippling |
56 | diseases, and |
57 | WHEREAS, to reduce the burden on the health care |
58 | infrastructure, the state must shift its health care objectives |
59 | from costly long-term maintenance toward prevention and cures, |
60 | and |
61 | WHEREAS, to bolster and advance Florida's burgeoning |
62 | biotechnology industry, the state should provide funds and |
63 | incentives for private research companies to work in the state, |
64 | and |
65 | WHEREAS, the state should advance the goal of scientific |
66 | and academic discourse in its universities and help bring its |
67 | public and private universities to the forefront in biomedical |
68 | research and technology, and |
69 | WHEREAS, it will benefit the economy of the state to create |
70 | a wide array of new projects and high-paying jobs relating to |
71 | biomedical research, and |
72 | WHEREAS, it will benefit the state to foster cooperation |
73 | between the state's universities and private sector research in |
74 | terms of jobs, resources, and academic discourse relating to |
75 | biomedical research, and |
76 | WHEREAS, the public funds provided under the Florida Better |
77 | Quality of Life and Biomedical Research Act are intended to spur |
78 | innovation and development in Florida's biomedical technology |
79 | sector, which will be used to treat debilitating chronic |
80 | diseases, NOW, THEREFORE, |
81 |
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82 | Be It Enacted by the Legislature of the State of Florida: |
83 |
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84 | Section 1. Paragraph (h) of subsection (1) of section |
85 | 20.435, Florida Statutes, is amended to read: |
86 | 20.435 Department of Health; trust funds.-- |
87 | (1) The following trust funds are hereby created, to be |
88 | administered by the Department of Health: |
89 | (h) Biomedical Research Trust Fund. |
90 | 1. Funds to be credited to the trust fund shall consist of |
91 | funds deposited pursuant to ss. s. 215.5601, 288.955, and |
92 | 381.99, and any other funds appropriated by the Legislature. |
93 | Funds shall be used for the purposes of the James and Esther |
94 | King Biomedical Research Program, and the William G. "Bill" |
95 | Bankhead, Jr., and David Coley Cancer Research Program, and the |
96 | Florida Better Quality of Life and Biomedical Research Act as |
97 | specified in ss. 215.5602, 288.955, and 381.922, and 381.99. The |
98 | trust fund is exempt from the service charges imposed by s. |
99 | 215.20. |
100 | 2. Notwithstanding the provisions of s. 216.301 and |
101 | pursuant to s. 216.351, any balance in the trust fund at the end |
102 | of any fiscal year shall remain in the trust fund at the end of |
103 | the year and shall be available for carrying out the purposes of |
104 | the trust fund. The department may invest these funds |
105 | independently through the Chief Financial Officer or may |
106 | negotiate a trust agreement with the State Board of |
107 | Administration for the investment management of any balance in |
108 | the trust fund. |
109 | 3. Notwithstanding s. 216.301 and pursuant to s. 216.351, |
110 | any balance of any appropriation from the Biomedical Research |
111 | Trust Fund which is not disbursed but which is obligated |
112 | pursuant to contract or committed to be expended may be carried |
113 | forward for up to 3 years following the effective date of the |
114 | original appropriation. |
115 | 4. The trust fund shall, unless terminated sooner, be |
116 | terminated on July 1, 2008. |
117 | Section 2. Subsection (2) of section 381.86, Florida |
118 | Statutes, is amended to read: |
119 | 381.86 Institutional Review Board.-- |
120 | (2) Consistent with federal requirements, the Secretary of |
121 | Health shall determine and appoint the membership of the board |
122 | and designate its chair, except that a separate Stem Cell |
123 | Research Advisory Council shall be appointed pursuant to s. |
124 | 381.99 for the sole purpose of reviewing research funded under |
125 | that section. |
126 | Section 3. Section 381.99, Florida Statutes, is created to |
127 | read: |
128 | 381.99 Florida Better Quality of Life and Biomedical |
129 | Research Act.-- |
130 | (1) SHORT TITLE.--This section may be cited as the |
131 | "Florida Better Quality of Life and Biomedical Research Act." |
132 | (2) DEFINITIONS.--As used in this section, the term: |
133 | (a) "Adult stem cell" means an undifferentiated cell found |
134 | among differentiated cells in a tissue or an organ that can |
135 | renew itself and can differentiate to yield the major |
136 | specialized cell types of the tissue or organ. |
137 | (b) "Amniotic stem cell" means a cell extracted from human |
138 | amniotic fluid or a placenta. |
139 | (c) "Embryonic stem cell" means a cell obtained from the |
140 | undifferentiated inner mass of an early stage embryo. |
141 | (d) "Human reproductive cloning" means the practice of |
142 | creating or attempting to create a human being by transferring |
143 | the nucleus from a human cell into an egg cell from which the |
144 | nucleus has been removed for the purpose of implanting the |
145 | resulting product in a uterus or a substitute for a uterus to |
146 | initiate a pregnancy. |
147 | (e) "In vitro fertilization" means a technique by which |
148 | oocytes are fertilized by sperm outside of a woman's body |
149 | resulting in organisms that are not genetically identical to any |
150 | one existing human. |
151 | (f) "Stem cell" means an undifferentiated cell that |
152 | retains the potential to differentiate into some or all other |
153 | cell types. |
154 | (3) STEM CELL RESEARCH ADVISORY COUNCIL.--There is created |
155 | the Stem Cell Research Advisory Council. |
156 | (a) The advisory council shall consist of the Secretary of |
157 | Health or his or her designee, who shall act as chair, and six |
158 | additional members, who shall be appointed as follows: |
159 | 1. Two persons appointed by the Governor, one of whom |
160 | shall be an academic researcher in the field of stem cell |
161 | research and one of whom shall have a background in bioethics. |
162 | 2. One person appointed by the President of the Senate, |
163 | who shall have a background in private sector stem cell funding |
164 | and development and public sector biomedical research and |
165 | funding. |
166 | 3. One person appointed by the Speaker of the House of |
167 | Representatives, who shall have a background in private sector |
168 | stem cell funding and development and public sector biomedical |
169 | research and funding. |
170 | 4. One person appointed by the Minority Leader of the |
171 | Senate, who shall have a background and experience in either |
172 | public sector or private sector stem cell research and |
173 | development. |
174 | 5. One person appointed by the Minority Leader of the |
175 | House of Representatives, who shall have a background and |
176 | experience in business and financial investments. |
177 |
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178 | Each member shall serve a term of 2 years commencing on October |
179 | 1, 2007. No member shall serve for more than two consecutive 2- |
180 | year terms; however, for the purpose of providing staggered |
181 | terms, of the initial appointments, three members shall be |
182 | appointed to a 1-year term and three members shall be appointed |
183 | to a 2-year term. No member shall serve for more than two |
184 | consecutive terms. Any vacancy on the council shall be filled in |
185 | the same manner as the original appointment. All initial |
186 | appointments must be made by October 1, 2007. The first meeting |
187 | shall take place no later than November 1, 2007. All meetings |
188 | are subject to the call of the chair. Members shall meet at |
189 | least twice a year or as often as necessary to discharge their |
190 | duties but shall have no more than four meetings during any 12- |
191 | month period. Members shall serve without compensation but may |
192 | be reimbursed for per diem and travel expenses in accordance |
193 | with s. 112.061. |
194 | (b) The advisory council shall: |
195 | 1. Develop a donated funds program for recommendation to |
196 | the Secretary of Health to encourage the development of funds |
197 | other than state appropriations for embryonic, amniotic, and |
198 | human adult stem cell research in the state. |
199 | 2. Examine and identify specific ways to improve and |
200 | promote for-profit and not-for-profit embryonic, amniotic, and |
201 | human adult stem cell and related research in the state, |
202 | including, but not limited to, identifying both public and |
203 | private funding sources for such research, maintaining existing |
204 | embryonic, amniotic, and human adult stem cell related |
205 | businesses, recruiting new embryonic, amniotic, and human adult |
206 | stem cell related businesses to the state, and recruiting |
207 | scientists and researchers in such fields to the state and state |
208 | universities. |
209 | 3. Develop a biomedical research grant program for |
210 | recommendation to the Secretary of Health, which shall provide |
211 | grants-in-aid to eligible institutions for the advancement of |
212 | embryonic, amniotic, or human adult stem cell research. |
213 | 4. Develop, no later than December 1, 2007, an application |
214 | for grants-in-aid under this section for recommendation to the |
215 | Secretary of Health for the purpose of conducting embryonic, |
216 | amniotic, or human adult stem cell research. |
217 | 5. Review applications from eligible institutions for |
218 | grants-in-aid on and after December 1, 2007, and provide to the |
219 | Secretary of Health recommended grant awards. |
220 | 6. Review the stem cell research conducted by eligible |
221 | institutions that receive such grants-in-aid. |
222 | (c) The advisory council shall submit an annual progress |
223 | report on the status of biomedical research in the state to the |
224 | Florida Center for Universal Research to Eradicate Disease and |
225 | to the Governor, the Secretary of Health, the President of the |
226 | Senate, and the Speaker of the House of Representatives by June |
227 | 30. The report must include: |
228 | 1. The amount of grants-in-aid awarded to eligible |
229 | institutions from the Biomedical Research Trust Fund. |
230 | 2. The names of the recipients of such grants-in-aid. |
231 | 3. The current status and progress of stem cell research |
232 | in the state. |
233 | 4. A list of research projects supported by grants-in-aid |
234 | awarded under the program. |
235 | 5. A list of publications in peer-reviewed journals |
236 | involving research supported by grants-in-aid awarded under the |
237 | program. |
238 | 6. The total amount of biomedical research funding |
239 | currently flowing into the state. |
240 | 7. New grants for biomedical research that were funded |
241 | based on research supported by grants-in-aid awarded under the |
242 | program. |
243 | 8. All other materials the council deems advisable to |
244 | include. |
245 | (d) Advisory council members shall disclose any conflict |
246 | of interest or potential conflict of interest to the Secretary |
247 | of Health. |
248 | (e) The Department of Health shall provide administrative |
249 | staff to assist the advisory council in developing the |
250 | application for the grants-in-aid, reviewing the applications, |
251 | preparing the written consent form described in paragraph |
252 | (6)(b), and performing other administrative functions as the |
253 | advisory council requires. |
254 | (4) BIOMEDICAL ETHICS ADVISORY COUNCIL.--There is created |
255 | within the Department of Health the Biomedical Ethics Advisory |
256 | Council, which shall review the research conducted under s. |
257 | 381.99. |
258 | (a) The advisory council shall consist of the Secretary of |
259 | Health or his or her designee, who shall act as chair, and six |
260 | additional members, who shall be appointed as follows: |
261 | 1. Two persons appointed by the Governor. |
262 | 2. One person appointed by the President of the Senate. |
263 | 3. One person appointed by the Speaker of the House of |
264 | Representatives. |
265 | 4. One person appointed by the Minority Leader of the |
266 | Senate. |
267 | 5. One person appointed by the Minority Leader of the |
268 | House of Representatives. |
269 |
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270 | All members must demonstrate knowledge and understanding of the |
271 | ethical, medical, and scientific implications of embryonic, |
272 | amniotic, and adult stem cell research and should also |
273 | demonstrate knowledge of related fields, including, but not |
274 | limited to, genetics, cellular biology, and embryology. Each |
275 | member shall serve a term of 4 years commencing on October 1, |
276 | 2007; however, for the purpose of providing staggered terms, of |
277 | the initial appointments, three members shall be appointed to a |
278 | 2-year term and three members shall be appointed to a 4-year |
279 | term. No member shall serve for more than two consecutive terms. |
280 | Any vacancy on the council shall be filled in the same manner as |
281 | the original appointment. All initial appointments must be made |
282 | by October 1, 2007. The first meeting shall take place no later |
283 | than November 1, 2007. All meetings are subject to the call of |
284 | the chair. Members shall meet at least twice a year or as often |
285 | as necessary to discharge their duties but shall have no more |
286 | than one meeting per month during any 12-month period. Members |
287 | shall serve without compensation but may be reimbursed for per |
288 | diem and travel expenses in accordance with s. 112.061. |
289 | (b) The council shall review all embryonic, amniotic, or |
290 | human adult stem cell research that is funded or supported in |
291 | any manner through the Biomedical Research Trust Fund to ensure |
292 | the adherence to ethical and safety guidelines and procedures as |
293 | laid out by federal ethical standards established by the United |
294 | States Department of Health and Human Services. |
295 | (5) BIOMEDICAL RESEARCH TRUST FUND AND GRANTS-IN-AID.-- |
296 | (a) The Secretary of Health shall make grants-in-aid from |
297 | the Biomedical Research Trust Fund in accordance with the |
298 | provisions of this section. |
299 | (b) The Department of Health shall require any applicant |
300 | for a grant-in-aid under this section, for the purpose of |
301 | conducting stem cell research, to submit a complete description |
302 | of the applicant's organization, the applicant's plans for stem |
303 | cell research, the applicant's proposed funding for such |
304 | research from sources other than the state, and the applicant's |
305 | proposed arrangements concerning financial benefits to the state |
306 | as a result of any patent, royalty payment, or similar right |
307 | resulting from any stem cell research made possible by the |
308 | awarding of the grant-in-aid. The Stem Cell Research Advisory |
309 | Council shall provide recommendations to the Secretary of Health |
310 | with respect to awarding such grants-in-aid after considering |
311 | the recommendations of the Biomedical Ethics Advisory Council. |
312 | (c) Beginning with the 2007-2008 fiscal year, and for 10 |
313 | consecutive years thereafter, not less than $20 million shall be |
314 | made available from the Biomedical Research Trust Fund within |
315 | the Department of Health for grants-in-aid to eligible |
316 | institutions for the purpose of conducting embryonic, amniotic, |
317 | or human adult stem cell research pursuant to this section. Up |
318 | to 15 percent of the funds may be used for administrative costs. |
319 | Any unexpended funds not used for grants-in-aid during the |
320 | current fiscal year shall be carried forward for the following |
321 | fiscal year to fund the grants-in-aid. |
322 | (6) USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS REGARDING |
323 | DISPOSITION OF HUMAN EMBRYOS FOLLOWING INFERTILITY TREATMENT.-- |
324 | (a) Funds provided under this section may only be used for |
325 | research involving: |
326 | 1. Human adult stem cells, including, but not limited to, |
327 | adult stem cells derived from umbilical cord blood and bone |
328 | marrow. |
329 | 2. Human embryonic stem cells taken from donated leftover |
330 | embryos from in vitro fertilization treatments that would |
331 | otherwise be thrown away or destroyed. |
332 | 3. Amniotic stem cells extracted from human amniotic fluid |
333 | or placentas, which are otherwise discarded after birth. |
334 | (b) A physician or other health care provider treating a |
335 | patient for infertility shall provide the patient with timely, |
336 | relevant, and appropriate information sufficient to allow the |
337 | person to make an informed and voluntary choice regarding the |
338 | disposition of any human embryos that remain following |
339 | infertility treatment. The person to whom the information is |
340 | provided: |
341 | 1. Shall be presented with the option of storing any |
342 | unused embryos remaining after receiving in vitro fertilization, |
343 | donating the remaining embryos to another person, donating the |
344 | remaining embryos for research purposes, or selecting other |
345 | means of disposition of the remaining embryos. |
346 | 2. Who elects to donate, for research purposes, any |
347 | embryos remaining after receiving infertility treatment shall |
348 | provide written consent for that donation on a consent form |
349 | provided by the Department of Health and made available to the |
350 | public on the department's Internet website. |
351 | 3. May not knowingly, for material or financial gain, |
352 | purchase, sell, or otherwise transfer or obtain, or promote the |
353 | sale or transfer of, embryonic fetal tissue for research |
354 | purposes pursuant to this section. Embryonic, amniotic, and |
355 | adult stem cell material may only be donated for research |
356 | purposes with the informed consent of the donor. A person who |
357 | violates any provision of this subparagraph commits a felony of |
358 | the second degree, punishable as provided in s. 775.082, s. |
359 | 775.083, or s. 775.084. |
360 | (7) HUMAN REPRODUCTIVE CLONING; PROHIBITION; PENALTIES.-- |
361 | (a) It is unlawful for any person to knowingly: |
362 | 1. Perform or attempt to perform human reproductive |
363 | cloning; |
364 | 2. Participate or assist in an attempt to perform human |
365 | reproductive cloning; or |
366 | 3. Ship or receive for any purpose an embryo produced by |
367 | human reproductive cloning or any product derived from such |
368 | embryo. |
369 | (b) A person who violates any provision of paragraph (a) |
370 | commits a felony of the second degree, punishable as provided in |
371 | s. 775.082, s. 775.083, or s. 775.084. |
372 | (8) CONTINUING APPROPRIATION.--Beginning in fiscal year |
373 | 2007-2008, the sum of $20 million is appropriated annually from |
374 | recurring funds in the General Revenue Fund to the Biomedical |
375 | Research Trust Fund within the Department of Health for the |
376 | purposes of carrying out the provisions of this section. The |
377 | amount of funds appropriated shall not exceed $200 million for |
378 | the 10-year period beginning in fiscal year 2007-2008 and ending |
379 | in fiscal year 2016-2017. |
380 | Section 4. This act shall take effect July 1, 2007. |