HB 7079

1	A bill to be entitled
2	An act relating to biomedical research; amending s.
3	20.435, F.S.; deleting a reference to conform to the
4	provisions of this act; amending s. 215.5601, F.S.;
5	revising a provision relating to the Lawton Chiles
6	Endowment Fund to conform to the provisions in this act;
7	amending s. 215.5602, F.S.; providing legislative findings
8	and intent; revising provisions relating to the James and
9	Esther King Biomedical Research Program; revising
10	provisions relating to program funds and funding; revising
11	long-term goals of the program; revising membership
12	provisions relating to the Biomedical Research Advisory
13	Council; providing that the council serves as the
14	exclusive source of certain biomedical research grant and
15	fellowship awards; requiring the council to create
16	committees; providing requirements for the committees;
17	revising duties of the council; deleting references to
18	conform to the provisions of this act; revising a
19	requirement relating to the council's annual progress
20	report; prohibiting the use of funds for certain research
21	with human embryonic stem cells or for human cloning;
22	amending s. 381.853, F.S.; providing a requirement for the
23	Florida Center for Brain Tumor Research relating to the
24	use of state-appropriated funds for biomedical research;
25	amending ss. 381.912 and 381.98, F.S.; revising references
26	to conform to the provisions of this act; amending s.
27	381.922, F.S.; creating the William G. "Bill" Bankhead,
28	Jr., and David Coley Cancer Research Council, also cited
29	as the "Bankhead-Coley Cancer Council," within the
30	Department of Health; providing for duties and functions
31	of the council; providing for membership; providing a
32	requirement for the council to issue an annual report;
33	creating s. 381.923, F.S.; providing the mission and
34	duties of the Bankhead-Coley Cancer Council; amending s.
35	430.501, F.S.; providing a requirement for the Alzheimer's
36	Disease Advisory Committee relating to the use of state-
37	appropriated funds for biomedical research grants or
38	fellowships; amending s. 430.502, F.S.; requiring memory
39	disorder clinics supported by state funds to apply for a
40	biomedical research grant or fellowship through the James
41	and Esther King Biomedical Research Program; amending s.
42	1004.445, F.S.; deleting requirements relating to a
43	competitive grant process for Alzheimer's disease
44	research; providing a requirement for the Johnnie B. Byrd,
45	Sr., Alzheimer's Center and Research Institute relating to
46	the use of state-appropriated funds for biomedical
47	research grants or fellowships; repealing s. 381.855,
48	F.S., relating to the Florida Center for Universal
49	Research to Eradicate Disease; repealing s. 381.92, F.S.,
50	relating to the Florida Cancer Council; repealing s.
51	381.921, F.S., relating to the Florida Cancer Council's
52	mission and duties; providing for severability; providing
53	an effective date.
54
55	WHEREAS, the Legislature finds that the health of
56	Floridians is of utmost importance, and
57	WHEREAS, continuing and promoting biomedical research in
58	the state is key to finding cures for the most deadly and
59	widespread acute, chronic, and degenerative diseases affecting
60	millions of Floridians, and
61	WHEREAS, there are a number of agencies, councils,
62	committees, and other nonprofit entities within the state that
63	are currently awarding state dollars for grants or fellowships
64	for biomedical research in order to find cures for and improve
65	treatment of various diseases affecting Floridians, and
66	WHEREAS, the most effective and efficient use of state
67	biomedical research dollars is to establish a single,
68	comprehensive program to review grant and fellowship proposals
69	and make recommendations to the Legislature for funding of
70	biomedical research grants and fellowships using state-
71	appropriated funds, and
72	WHEREAS, the consolidated process for awarding state-funded
73	grants and fellowships for biomedical research in the state of
74	Florida will also serve to enhance, encourage, and coordinate
75	biomedical research programs within the state and foster
76	improved transfer of research findings into clinical trials and
77	widespread public use, NOW, THEREFORE,
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Paragraph (h) of subsection (1) of section
82	20.435, Florida Statutes, is amended to read:
83	20.435  Department of Health; trust funds.--
84	(1)  The following trust funds are hereby created, to be
85	administered by the Department of Health:
86	(h)  Biomedical Research Trust Fund.
87	1.  Funds to be credited to the trust fund shall consist of
88	funds deposited pursuant to s. 215.5601 and any other funds
89	appropriated by the Legislature. Funds shall be used for the
90	purposes of the James and Esther King Biomedical Research
91	Program and the William G. "Bill" Bankhead, Jr., and David Coley
92	Cancer Research Program as specified in ss. 215.5602 and,
93	288.955, and 381.922. The trust fund is exempt from the service
94	charges imposed by s. 215.20.
95	2.  Notwithstanding the provisions of s. 216.301 and
96	pursuant to s. 216.351, any balance in the trust fund at the end
97	of any fiscal year shall remain in the trust fund at the end of
98	the year and shall be available for carrying out the purposes of
99	the trust fund. The department may invest these funds
100	independently through the Chief Financial Officer or may
101	negotiate a trust agreement with the State Board of
102	Administration for the investment management of any balance in
103	the trust fund.
104	3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
105	any balance of any appropriation from the Biomedical Research
106	Trust Fund which is not disbursed but which is obligated
107	pursuant to contract or committed to be expended may be carried
108	forward for up to 3 years following the effective date of the
109	original appropriation.
110	4.  The trust fund shall, unless terminated sooner, be
111	terminated on July 1, 2008.
112	Section 2.  Paragraph (d) of subsection (1) of section
113	215.5601, Florida Statutes, is amended to read:
114	215.5601  Lawton Chiles Endowment Fund.--
115	(1)  LEGISLATIVE INTENT.--It is the intent of the
116	Legislature to:
117	(d)  Provide funds to help support public-health and
118	biomedical research for the prevention, diagnosis, treatment,
119	and cure of diseases related to tobacco use by creating an
120	annual and perpetual source of funding for biomedical research
121	in the state through the James and Esther King Biomedical
122	Research Program in order to expand the foundation of biomedical
123	knowledge relating to the prevention, diagnosis, treatment, and
124	cure of diseases related to tobacco use, including cancer,
125	cardiovascular disease, stroke, and pulmonary disease; improve
126	the quality of the state's academic health centers by bringing
127	the advances of biomedical research into the training of
128	physicians and other health care providers; and increase the
129	state's per capita funding for biomedical research by
130	undertaking new initiatives in biomedical research which will
131	attract additional funding from outside the state while also
132	stimulating economic activity in the state in areas related to
133	biomedical research, such as the research and production of
134	pharmaceuticals, biotechnology, and medical devices.
135	Section 3.  Section 215.5602, Florida Statutes, is amended
136	to read:
137	215.5602  James and Esther King Biomedical Research
138	Program.--
139	(1)  The Legislature finds that an estimated 128 million
140	Americans suffer from acute, chronic, and degenerative diseases
141	and that biomedical research is the key to finding cures for
142	these diseases that affect Floridians. The Legislature further
143	finds that the biomedical technology sector meets the criteria
144	of a high-impact sector, pursuant to s. 288.108, having high
145	importance to this state's economy with a significant potential
146	for growth and contribution to the state's universities and
147	quality of life.
148	(2)  It is the intent of the Legislature that this state
149	strive to become the nation's leader in biomedical research and
150	commit itself to being the state to find cures for the most
151	deadly and widespread diseases. Moreover, it is the intent of
152	the Legislature to expand the state's economy by attracting
153	biomedical researchers and research companies to this state.
154	(3)(1)  There is established within the Department of
155	Health the James and Esther King Biomedical Research Program
156	funded by the proceeds of the Lawton Chiles Endowment Fund
157	pursuant to s. 215.5601 and the Biomedical Research Trust Fund
158	within the Department of Health pursuant to s. 20.435(1)(h). The
159	purpose of the James and Esther King Biomedical Research program
160	is to provide an annual and perpetual source of funding for
161	biomedical in order to support research initiatives that address
162	the health care problems of Floridians in the areas of tobacco-
163	related cancer, cardiovascular disease, stroke, and pulmonary
164	disease. The long-term goals of the program are to:
165	(a)  Improve the health of Floridians by researching better
166	prevention, diagnoses, treatments, and cures for the most deadly
167	and widespread diseases, including, but not limited to, tobacco-
168	related diseases, cancer, cardiovascular disease, stroke, and
169	pulmonary disease, diabetes, autoimmune disorders, and
170	neurological disorders, including Alzheimer's disease, epilepsy,
171	and Parkinson's disease.
172	(b)  Expand the foundation of biomedical knowledge relating
173	to the prevention, diagnosis, treatment, and cure of diseases
174	related to tobacco use, including cancer, cardiovascular
175	disease, stroke, and pulmonary disease.
176	(c)  Expand the foundation of biomedical knowledge relating
177	to the prevention, diagnosis, treatment, and cure of the most
178	deadly and widespread diseases affecting Floridians.
179	(d)(c)  Improve the quality of the state's academic health
180	centers by bringing the advances of biomedical research into the
181	training of physicians and other health care providers.
182	(e)(d)  Increase the state's per capita funding for
183	research by undertaking new initiatives in public health and
184	biomedical research that will attract additional funding from
185	outside the state.
186	(f)(e)  Stimulate economic activity in the state in areas
187	related to biomedical research, such as the research and
188	production of pharmaceuticals, biotechnology, and medical
189	devices.
190	(g)  Facilitate communication among biomedical researchers
191	and health care providers in order to ensure an ongoing dialogue
192	between researchers, treatment providers, and the department.
193	(h)  Coordinate, improve, expand, and monitor all
194	biomedical research programs within the state, facilitate
195	funding opportunities, and foster improved technology transfer
196	of research findings into clinical trials and widespread public
197	use.
198	(i)  Hold periodic biomedical technology summits in this
199	state at which biomedical researchers, biomedical technology
200	companies, business incubators, pharmaceutical manufacturers,
201	and others around the nation and world are invited to share
202	biomedical research findings in order to expedite the discovery
203	of cures. Summit attendees shall cover the costs of such
204	attendance or obtain sponsorship for such attendance.
205	(j)  Encourage clinical trials in this state on research
206	that holds promise of curing a disease or condition.
207	(k)  Encourage partnerships among researchers in this state
208	and institutions in other states and countries in which research
209	with rare plants or animals could lead to cures.
210	(l)  Encourage agricultural colleges and agricultural
211	businesses in this state to be active in the search for cures
212	and in providing information to the public about disease
213	prevention.
214	(m)  Encourage partnerships among researchers working to
215	cure all types of diseases, including those that are prevalent
216	in developed countries and those that occur mainly in developing
217	countries.
218	(n)  Encourage the discovery and production in this state
219	of vaccines that prevent disease.
220	(4)(2)  Funds appropriated for the James and Esther King
221	Biomedical Research Program shall be used exclusively for the
222	award of grants and fellowships as established in this section;
223	for research relating to the prevention, diagnosis, treatment,
224	and cure of diseases affecting Floridians related to tobacco
225	use, including cancer, cardiovascular disease, stroke, and
226	pulmonary disease; and for expenses incurred in the
227	administration of this section. Priority shall be granted to
228	research designed to prevent or cure disease. Beginning July 1,
229	2008, funds appropriated for the James and Esther King
230	Biomedical Research Program shall be the exclusive source of
231	state funds used for the award of biomedical research grants and
232	fellowships in this state, as established in this section; for
233	research relating to the prevention, diagnosis, treatment, and
234	cure of diseases affecting Floridians; and for expenses incurred
235	in the administration of this section.
236	(5)(3)  There is created within the James and Esther King
237	Biomedical Research Program in the Department of Health the
238	Biomedical Research Advisory Council.
239	(a)  The council shall consist of 36 11 members, including:
240	the Secretary of the Department of Health, or a designee; the
241	chief executive officer of Enterprise Florida, Inc., or a
242	designee; the chief executive officer of the Florida Division of
243	the American Cancer Society, or a designee; the chief executive
244	officer of the Florida/Puerto Rico Affiliate of the American
245	Heart Association, or a designee; and the chief executive
246	officer of the American Lung Association of Florida, or a
247	designee; the chief executive officer of the H. Lee Moffitt
248	Cancer Center, or a designee; the director of the University of
249	Florida Shands Cancer Center, or a designee; the chief executive
250	officer of the University of Miami Sylvester Comprehensive
251	Cancer Center, or a designee; the chief executive officer of the
252	Mayo Clinic, Jacksonville, or a designee; the president of the
253	Florida Society of Clinical Oncology, or a designee; the
254	president of the American College of Surgeons, Florida Chapter,
255	or a designee; and the chair of the Florida Dialogue on Cancer,
256	or a designee. The remaining 24 8 members of the council shall
257	be appointed as follows:
258	1.  The Governor shall appoint twelve four members, two
259	members with expertise in the field of biomedical research, one
260	member from a research university in the state, one
261	representative of the Epilepsy Foundation, one representative of
262	the Florida Medical Foundation, one representative of the
263	American Liver Foundation, one representative of the Florida
264	Academy of Family Physicians, one public health academic, one
265	representative of the Florida Public Health Association, one
266	representative of the Florida Council for Behavioral Health
267	Care, Inc., one representative of the Florida Association of
268	County Health Officers, and one member representing the general
269	population of the state.
270	2.  The President of the Senate shall appoint six two
271	members, one former member of the Senate, one member with
272	expertise in the field of behavioral or social research, one
273	representative of BioFlorida, one representative of
274	Pharmaceutical Research and Manufacturers of America, one
275	representative of the South Coastal Region of the American
276	Diabetes Association, and one representative from a cancer
277	program approved by the American College of Surgeons.
278	3.  The Speaker of the House of Representatives shall
279	appoint six two members, one former member of the House of
280	Representatives, one representative of the National Parkinson
281	Foundation, one representative of the Alzheimer's Association,
282	one representative of the Florida Research Consortium, one
283	member from a professional medical organization, and one
284	representative from a cancer program approved by the American
285	College of Surgeons.
286
287	In making these appointments, the Governor, the President of the
288	Senate, and the Speaker of the House of Representatives shall
289	select primarily, but not exclusively, Floridians with
290	biomedical and lay expertise in the general areas of cancer,
291	cardiovascular disease, stroke, and pulmonary disease, diabetes,
292	autoimmune disorders, and neurological disorders, including
293	Alzheimer's disease, epilepsy, and Parkinson's disease. The
294	appointments shall be for a 3-year term and shall reflect the
295	diversity of the state's population. An appointed member may not
296	serve more than two consecutive terms.
297	(b)  Beginning July 1, 2008, the council shall serve as the
298	exclusive source of awarding or recommending the award of grants
299	or fellowships for biomedical research in the state using state-
300	appropriated funds. This paragraph shall not preclude another
301	grant or fellowship program in the state from awarding grants
302	from funds received from private or federal sources where
303	permitted by state law.
304	(c)1.  The council shall create the following committees,
305	and may create other committees as it deems necessary:
306	a.  Committee on Tobacco-related Diseases.
307	b.  Bankhead-Coley Committee on Cancer.
308	c.  Committee on Strokes.
309	d.  Committee on Cardiovascular Disease.
310	e.  Committee on Pulmonary Disease.
311	f.  Committee on Diabetes.
312	g.  Committee on Autoimmune Disorders.
313	h.  Johnnie B. Byrd, Sr., Committee on Alzheimer's Disease.
314	i.  Committee on Parkinson's Disease.
315	j.  Committee on Neurological Disorders.
316	2.  The committees shall be comprised of council members
317	and shall focus on issues and proposed research related to that
318	committee. The committees shall report findings and make
319	recommendations to the council regarding the award of grants and
320	the areas of focus or need for future grants and fellowships.
321	(d)(b)  The council shall adopt internal organizational
322	procedures as necessary for its efficient organization,
323	including procedures for assigning council members to committees
324	and coordination between the council and committees.
325	(e)(c)  The department shall provide such staff,
326	information, and other assistance as is reasonably necessary to
327	assist the council, including its committees, in carrying out
328	its responsibilities.
329	(f)(d)  Members of the council shall serve without
330	compensation, but may receive reimbursement as provided in s.
331	112.061 for travel and other necessary expenses incurred in the
332	performance of their official duties.
333	(6)(4)  The council shall, after considering the
334	recommendations of its committees, determine advise the
335	Secretary of Health as to the direction and scope of the
336	biomedical research program. The responsibilities of the council
337	may include, but are not limited to:
338	(a)  Establishing Providing advice on program priorities
339	and emphases.
340	(b)  Evaluating the Providing advice on the overall program
341	budget and making recommendations to the Legislature for future
342	appropriations.
343	(c)  Conducting Participating in periodic program
344	evaluation.
345	(d)  Developing Assisting in the development of guidelines
346	to ensure fairness, neutrality, and adherence to the principles
347	of merit and quality in the conduct of the program.
348	(e)  Developing Assisting in the development of appropriate
349	linkages to nonacademic entities, such as voluntary
350	organizations, health care delivery institutions, industry,
351	government agencies, and public officials.
352	(f)  Developing criteria and standards for the award of
353	research grants.
354	(g)  Developing administrative procedures relating to
355	solicitation, review, and award of research grants and
356	fellowships, to ensure an impartial, high-quality peer review
357	system.
358	(h)  Developing and supervising research peer review
359	panels.
360	(i)  Reviewing reports of peer review panels and making
361	recommendations for research grants and fellowships.
362	(j)  Developing and providing oversight regarding
363	mechanisms for the dissemination of research results.
364	(k)  Monitoring the supply and demand needs of researchers
365	relating to stem cell research and other types of human tissue
366	research consistent with this section. If the council determines
367	that there is a need for increased donation of stem cells or
368	human tissue, it shall notify hospitals licensed pursuant to
369	chapter 395 that have entered into partnership agreements with
370	research institutes conducting stem cell research located in the
371	same geographic region as the researchers needing the stem
372	cells, placentas, or cord blood.
373	(l)  Maintaining a website with links to peer-reviewed
374	biomedical research and future opportunities to apply for an
375	award of a biomedical research grant from the council. The
376	website shall also contain guidelines for the awarding of grants
377	and fellowships, including application review procedures,
378	evaluation criteria, funding methods, and grant administration
379	procedures. Application forms shall be available on the website
380	through an online application system. The website shall also
381	provide a list of all known biomedical research being conducted
382	in this state and shall facilitate communication among
383	researchers and other interested parties.
384	(m)  Disseminating breakthrough findings in, and
385	information about, innovative biomedical research and clinical
386	trials that will assist in making Floridians and their treatment
387	providers aware of specified diseases and conditions and
388	available methods of preventing, diagnosing, treating, and
389	curing such diseases and conditions.
390	(7)(5)(a)  Applications for biomedical research funding
391	under the program may be submitted from any university or
392	established research institute in the state. All qualified
393	investigators in the state, regardless of institution
394	affiliation, shall have equal access and opportunity to compete
395	for the research funding. Beginning September 1, 2007, the James
396	and Esther King Biomedical Research Program shall establish and
397	publish on the council's website criteria for the award of
398	biomedical research grants for fiscal year 2008-2009, which
399	grants may be awarded to any university or established research
400	institute in the state. All qualified investigators in the
401	state, regardless of institution affiliation, shall have equal
402	access and opportunity to compete for the research funding.
403	(b)  For grants or fellowships related to biomedical
404	research for fiscal year 2008-2009, the application deadline
405	shall be posted on the council's website at least 90 days prior
406	to the deadline. Applicants shall submit a completed and signed
407	application provided by the council and meet all deadlines.
408	(c)(b)  Beginning in 2008 and continuing each year
409	thereafter, the council shall submit to the Legislature by
410	February 1 a priority list of biomedical research projects for
411	funding by the Legislature based on the applications received.
412	Recommendations to the Legislature shall be made Grants and
413	fellowships shall be awarded by the Secretary of Health, after
414	consultation with the council, on the basis of scientific merit,
415	as determined by an open competitive peer review process that
416	ensures objectivity, consistency, and high quality. The
417	following types of applications shall be considered for funding:
418	1.  Investigator-initiated research grants.
419	2.  Institutional research grants.
420	3.  Predoctoral and postdoctoral research fellowships.
421	(d)  Any program, board, commission, council, advisory
422	group, or committee created by state law that currently awards
423	or intends to award in the future grants for biomedical research
424	programs or any program, board, commission, council, advisory
425	group, or committee created by state law that facilitates or
426	recommends the award of biomedical research grants from programs
427	using state-appropriated funds, shall, for fiscal year 2008-2009
428	and any fiscal year thereafter, apply for grants or make
429	recommendations to the council for the prioritization and award
430	of grants through the James and Esther King Biomedical Research
431	Program.
432	(8)(6)  To ensure that all proposals for research funding
433	are appropriate and are evaluated fairly on the basis of
434	scientific merit, the Secretary of Health, in consultation with
435	the council, shall appoint a peer review panel of independent,
436	scientifically qualified individuals to review the scientific
437	content of each proposal and establish its scientific priority
438	score. The priority scores shall be forwarded to the council and
439	its committees and must be considered in determining which
440	proposals shall be recommended for funding.
441	(9)(7)  The council, the committees, and the peer review
442	panel shall establish and follow rigorous guidelines for ethical
443	conduct and adhere to a strict policy with regard to conflict of
444	interest. A member of the council or panel may not participate
445	in any discussion or decision with respect to a research
446	proposal by any firm, entity, or agency with which the member is
447	associated as a member of the governing body or as an employee,
448	or with which the member has entered into a contractual
449	arrangement. Meetings of the council and the peer review panels
450	shall be subject to the provisions of chapter 119, s. 286.011,
451	and s. 24, Art. I of the State Constitution.
452	(10)  The council shall take into consideration the
453	following factors when prioritizing grant or fellowship awards:
454	(a)  Research applications that appear to have the most
455	profound impact on the most deadly and widespread diseases
456	affecting Floridians at the time the grant or fellowship is
457	awarded.
458	(b)  Research applications that meet the priorities of the
459	program while proposing the best and most efficient use of state
460	funds.
461	(11)(8)  The department may contract on a competitive-bid
462	basis with an appropriate entity to administer the program.
463	Administrative expenses may not exceed 15 percent of the total
464	funds available to the program in any given year.
465	(12)(9)  The department, after consultation with the
466	council, may adopt rules pursuant to ss. 120.536(1) and 120.54
467	as necessary to implement this section.
468	(13)(10)  In addition to its recommendations to the
469	Legislature to award grants pursuant to its priority list
470	submitted by February 1 of each year, the council shall submit
471	an annual progress report on the state of biomedical research in
472	this state to the Florida Center for Universal Research to
473	Eradicate Disease and to the Governor, the Secretary of Health,
474	the President of the Senate, and the Speaker of the House of
475	Representatives by February 1. The report must include:
476	(a)  A list of research projects supported by grants or
477	fellowships awarded under the program.
478	(b)  A list of recipients of program grants or fellowships.
479	(c)  A list of publications in peer reviewed journals
480	involving research supported by grants or fellowships awarded
481	under the program.
482	(d)  The total amount of biomedical research funding
483	currently flowing into the state.
484	(e)  New grants for biomedical research which were funded
485	based on research supported by grants or fellowships awarded
486	under the program.
487	(f)  Progress in the prevention, diagnosis, treatment, and
488	cure of the most deadly and widespread diseases, including
489	cancer, cardiovascular disease, stroke, pulmonary disease,
490	diabetes, autoimmune disorders, and neurological disorders,
491	including Alzheimer's disease, epilepsy, and Parkinson's disease
492	diseases related to tobacco use, including cancer,
493	cardiovascular disease, stroke, and pulmonary disease.
494	(11)  The council shall award grants for cancer research
495	through the William G. "Bill" Bankhead, Jr., and David Coley
496	Cancer Research Program created in s. 381.922.
497	(14)(12)  Beginning in fiscal year 2006-2007 and ending
498	June 30, 2007, the sum of $6 million is appropriated annually
499	from recurring funds in the General Revenue Fund to the
500	Biomedical Research Trust Fund within the Department of Health
501	for purposes of the James and Esther King Biomedical Research
502	Program pursuant to this section. From these funds up to
503	$500,000 $250,000 shall be available for the operating costs of
504	the James and Esther King Biomedical Research Program Florida
505	Center for Universal Research to Eradicate Disease. Beginning in
506	fiscal year 2008-2009, the Legislature may appropriate funds
507	from recurring funds in the General Revenue Fund to the
508	Biomedical Research Trust Fund within the department for
509	purposes of the James and Esther King Biomedical Research
510	Program. From any funds that may be appropriated by the
511	Legislature, up to $500,000 shall be available for the operating
512	costs of the James and Esther King Biomedical Research Program.
513	Any biomedical research grants awarded pursuant to this section
514	for cancer research shall be named "Bankhead-Coley Cancer
515	Research Grants," and any research grants awarded pursuant to
516	this section for Alzheimer's research shall be named "Johnnie B.
517	Byrd, Sr., Alzheimer's Grants."
518	(15)(13)  By June 1, 2009, the Division of Statutory
519	Revision of the Office of Legislative Services shall certify to
520	the President of the Senate and the Speaker of the House of
521	Representatives the language and statutory citation of this
522	section, which is scheduled to expire January 1, 2011.
523	(16)(14)  The Legislature shall review the performance, the
524	outcomes, and the financial management of the James and Esther
525	King Biomedical Research Program during the 2010 Regular Session
526	of the Legislature and shall determine the most appropriate
527	funding source and means of funding the program based on its
528	review.
529	(17)(15)  This section expires January 1, 2011, unless
530	reviewed and reenacted by the Legislature before that date.
531	Section 4.  Paragraph (g) of subsection (4) of section
532	381.853, Florida Statutes, is amended to read:
533	381.853  Florida Center for Brain Tumor Research.--
534	(4)  The Florida Center for Brain Tumor Research is
535	established within the Evelyn F. and William L. McKnight Brain
536	Institute of the University of Florida.
537	(g)  The center shall be funded through private, state, and
538	federal sources. Beginning in fiscal year 2008-2009, if the
539	center seeks to conduct biomedical research using state-
540	appropriated funds or intends to award or make recommendations
541	for the award of state-appropriated funds for biomedical
542	research grants or fellowships, the center shall apply for
543	grants or fellowships from, or make recommendations for the
544	award of grants or fellowships to, the Biomedical Research
545	Advisory Council in the James and Esther King Biomedical
546	Research Program pursuant to s. 215.5602.
547	Section 5.  Subsection (1) of section 381.912, Florida
548	Statutes, is amended to read:
549	381.912  Cervical Cancer Elimination Task Force.--
550	(1)  Effective July 1, 2004, the Cervical Cancer
551	Elimination Task Force is established for the purpose of
552	recommending strategies and actions to reduce the costs and
553	burdens of cervical cancer in Florida. The task force shall
554	present interim reports to the William G. "Bill" Bankhead, Jr.,
555	and David Coley Cancer Research Council Florida Public Health
556	Foundation, Inc., the Florida Cancer Council, the Center for
557	Universal Research to Eradicate Disease, the Governor, the
558	President of the Senate, and the Speaker of the House of
559	Representatives on January 1, 2006, and July 1, 2007, with a
560	final report due on June 30, 2008. After submitting its final
561	report on or before June 30, 2008, the task force is dissolved.
562	Section 6.  Section 381.922, Florida Statutes, is amended
563	to read:
564	(Substantial rewording of section. See s. 381.922, F.S.,
565	for present text)
566	381.922  William G. "Bill" Bankhead, Jr., and David Coley
567	Cancer Research Council.--
568	(1)  Effective July 1, 2007, the William G. "Bill"
569	Bankhead, Jr., and David Coley Cancer Research Council, which
570	may be cited as the "Bankhead-Coley Cancer Council," is created
571	within the Department of Health for the purpose of making the
572	state a center of excellence for cancer research.
573	(2)(a)  The council shall be representative of the state's
574	cancer centers, hospitals, and patient groups and shall be
575	organized and shall operate in accordance with this section.
576	(b)  The Bankhead-Coley Cancer Council may create not-for-
577	profit corporations to receive, hold, invest, and administer
578	property and any moneys acquired from private, local, state, and
579	federal sources, as well as technical and professional income
580	generated or derived from the mission-related activities of the
581	council.
582	(c)  The members of the council shall consist of:
583	1.  The chair of the Florida Dialogue on Cancer, who shall
584	serve as the chair of the council.
585	2.  The Secretary of Health or his or her designee.
586	3.  The chief executive officer of the H. Lee Moffitt
587	Cancer Center or his or her designee.
588	4.  The director of the University of Florida Shands Cancer
589	Center or his or her designee.
590	5.  The chief executive officer of the University of Miami
591	Sylvester Comprehensive Cancer Center or his or her designee.
592	6.  The chief executive officer of the Mayo Clinic,
593	Jacksonville, or his or her designee.
594	7.  The chief executive officer of the American Cancer
595	Society, Florida Division, Inc., or his or her designee.
596	8.  The president of the American Cancer Society, Florida
597	Division, Inc., Board of Directors or his or her designee.
598	9.  The president of the Florida Society of Clinical
599	Oncology or his or her designee.
600	10.  The president of the American College of Surgeons,
601	Florida Chapter, or his or her designee.
602	11.  The chief executive officer of Enterprise Florida,
603	Inc., or his or her designee.
604	12.  Five representatives from cancer programs approved by
605	the American College of Surgeons. Three of the five shall be
606	appointed by the Governor, one shall be appointed by the Speaker
607	of the House of Representatives, and one shall be appointed by
608	the President of the Senate.
609	13.  One member of the House of Representatives, to be
610	appointed by the Speaker of the House of Representatives.
611	14.  One member of the Senate, to be appointed by the
612	President of the Senate.
613	(d)  Appointments made by the Speaker of the House of
614	Representatives and the President of the Senate pursuant to
615	paragraph (c) shall be for 2-year terms, concurrent with the
616	bienniums in which they serve as presiding officers.
617	(e)  Appointments made by the Governor pursuant to
618	paragraph (c) shall be for 2-year terms, although the Governor
619	may reappoint members.
620	(f)  Members of the council shall serve without
621	compensation, and each organization represented on the council
622	shall cover the expenses of its representatives.
623	(3)  The council shall issue an annual report to the James
624	and Esther King Biomedical Research Program, the Governor, the
625	Speaker of the House of Representatives, and the President of
626	the Senate by December 15 of each year, with policy
627	recommendations regarding cancer research capacity in the state
628	and related issues.
629	Section 7.  Section 381.923, Florida Statutes, is created
630	to read:
631	381.923  Bankhead-Coley Cancer Council mission and
632	duties.--The council shall ensure that the goals of the council
633	are advanced and shall endeavor to dramatically improve cancer
634	research and treatment in this state through:
635	(1)  Efforts to significantly expand cancer research
636	capacity in the state by:
637	(a)  Identifying ways to attract new research talent and
638	attendant national grant-producing researchers to cancer
639	research facilities in this state.
640	(b)  Encouraging the employment of bioinformatics in order
641	to create a cancer informatics infrastructure that enhances
642	information and resource exchange and integration through
643	researchers working in diverse disciplines, to facilitate the
644	full spectrum of cancer investigations.
645	(c)  Facilitating the technical coordination, business
646	development, and support of intellectual property as it relates
647	to the advancement of cancer research.
648	(d)  Aiding in other multidisciplinary research-support
649	activities as they inure to the advancement of cancer research.
650	(2)  Efforts to improve both research and treatment through
651	greater participation in clinical trials networks by:
652	(a)  Identifying ways to increase adult enrollment in
653	cancer clinical trials.
654	(b)  Supporting public and private professional education
655	programs designed to increase the awareness and knowledge about
656	cancer clinical trials.
657	(c)  Providing tools to cancer patients and community-based
658	oncologists to aid in the identification of cancer clinical
659	trials available in the state.
660	(d)  Creating opportunities for the state's academic cancer
661	centers to collaborate with community-based oncologists in
662	cancer clinical trials networks.
663	(3)  Efforts to reduce the impact of cancer on disparate
664	groups by:
665	(a)  Identifying those cancers that disproportionately
666	impact certain demographic groups.
667	(b)  Building collaborations designed to reduce health
668	disparities as they relate to cancer.
669	Section 8.  Subsections (8) and (12) of section 381.98,
670	Florida Statutes, are amended to read:
671	381.98  The Florida Public Health Foundation, Inc.;
672	establishment; purpose; mission; duties; board of directors.--
673	(8)  The corporation, in consultation with the Department
674	of Health and the Florida Center for Universal Research to
675	Eradicate Disease, shall facilitate communication between
676	biomedical researchers and health care providers each month
677	according to the health awareness schedule established by the
678	Florida Public Health Foundation, Inc., in order to ensure
679	ongoing dialogue between researchers, treatment providers, and
680	the department.
681	(12)  The corporation shall provide an annual report
682	concerning its activities and finances to the Florida Center for
683	Universal Research to Eradicate Disease and shall provide copies
684	of the annual report to the Governor, the President of the
685	Senate, and the Speaker of the House of Representatives.
686	Section 9.  Subsection (4) of section 430.501, Florida
687	Statutes, is amended to read:
688	430.501  Alzheimer's Disease Advisory Committee; research
689	grants.--
690	(4)  If funds are made available through gifts, grants, or
691	other sources, the Department of Elderly Affairs shall deposit
692	such funds into its Grants and Donations Trust Fund and shall
693	award research grants to qualified profit or nonprofit
694	associations and institutions or governmental agencies in order
695	to plan, establish, or conduct programs in Alzheimer's disease
696	control or prevention, education and training, and research. The
697	department may adopt rules necessary to carry out these duties.
698	Beginning in fiscal year 2008-2009, if the committee seeks to
699	award biomedical research grants or fellowships using state-
700	appropriated funds or makes recommendations for the award of
701	state-appropriated funds for biomedical research grants or
702	fellowships, the committee shall apply for grants or fellowships
703	from, or make recommendations for the award of grants or
704	fellowships to, the Biomedical Research Advisory Council in the
705	James and Esther King Biomedical Research Program pursuant to s.
706	215.5602.
707	Section 10.  Subsection (2) of section 430.502, Florida
708	Statutes, is amended to read:
709	430.502  Alzheimer's disease; memory disorder clinics and
710	day care and respite care programs.--
711	(2)  It is the intent of the Legislature that research
712	conducted by a memory disorder clinic and supported by state
713	funds pursuant to subsection (1) be applied research, be
714	service-related, and be selected in conjunction with the
715	department. Such research may address, but is not limited to,
716	diagnostic technique, therapeutic interventions, and supportive
717	services for persons suffering from Alzheimer's disease and
718	related memory disorders and their caregivers. A memory disorder
719	clinic shall conduct such research in accordance with a research
720	plan developed by the clinic which establishes research
721	objectives that are in accordance with this legislative intent.
722	Beginning in fiscal year 2008-2009, if a memory disorder clinic
723	supported by state funds pursuant to subsection (1) performs or
724	seeks to perform any biomedical research, the memory disorder
725	clinic shall apply for a research grant or fellowship through
726	the James and Esther King Biomedical Research Program pursuant
727	to s. 215.5602. A memory disorder clinic shall also complete and
728	submit to the department a report of the findings, conclusions,
729	and recommendations of completed research. This subsection does
730	not apply to those memory disorder clinics at the three medical
731	schools in the state or at the major private nonprofit research-
732	oriented teaching hospital or other affiliated teaching
733	hospital.
734	Section 11.  Subsections (9) through (15) of section
735	1004.445, Florida Statutes, are renumbered as subsections (8)
736	through (14), respectively, and present subsections (8) and (12)
737	of that section are amended to read:
738	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
739	Research Institute.--
740	(8)(a)  Applications for Alzheimer's disease research
741	funding may be submitted from any university or established
742	research institute in the state. All qualified investigators in
743	the state, regardless of institutional affiliation, shall have
744	equal access and opportunity to compete for the research
745	funding. Grants shall be awarded by the board of directors of
746	the not-for-profit corporation on the basis of scientific merit,
747	as determined by an open, competitive peer review process that
748	ensures objectivity, consistency, and high quality. The
749	following types of applications shall be considered for funding:
750	1.  Investigator-initiated research grants.
751	2.  Institutional research grants.
752	3.  Collaborative research grants, including those that
753	advance the finding of cures through basic or applied research.
754	(b)  Preference may be given to grant proposals that foster
755	collaboration among institutions, researchers, and community
756	practitioners because these proposals support the advancement of
757	cures through basic or applied research, including clinical
758	trials involving Alzheimer's patients and related networks.
759	(c)  To ensure that all proposals for research funding are
760	appropriate and are evaluated fairly on the basis of scientific
761	merit, the board of directors of the not-for-profit corporation,
762	in consultation with the council of scientific advisors, shall
763	appoint a peer review panel of independent, scientifically
764	qualified individuals to review the scientific content of each
765	proposal and establish its scientific priority score. The
766	priority scores shall be forwarded to the council and must be
767	considered by the board of directors of the not-for-profit
768	corporation in determining which proposals shall be recommended
769	for funding.
770	(d)  The council of scientific advisors and the peer review
771	panel shall establish and follow rigorous guidelines for ethical
772	conduct and adhere to a strict policy with regard to conflict of
773	interest. All employees, members of the board of directors, and
774	affiliates of the not-for-profit corporation shall follow the
775	same rigorous guidelines for ethical conduct and shall adhere to
776	the same strict policy with regard to conflict of interest. A
777	member of the council or panel may not participate in any
778	discussion or decision with respect to a research proposal by
779	any firm, entity, or agency with which the member is associated
780	as a member of the governing body or as an employee or with
781	which the member has entered into a contractual arrangement.
782	Meetings of the council and the peer review panels are subject
783	to chapter 119, s. 286.011, and s. 24, Art. I of the State
784	Constitution.
785	(11)(12)  Beginning in fiscal year 2006-2007 and ending
786	June 30, 2007, the sum of $15 million is appropriated annually
787	from recurring funds in the General Revenue Fund to the Grants
788	and Donations Trust Fund within the Department of Elderly
789	Affairs for the Johnnie B. Byrd, Sr., Alzheimer's Center and
790	Research Institute at the University of South Florida for the
791	purposes as provided under paragraph (6)(a), conducting and
792	supporting research, providing institutional research grants and
793	investigator-initiated research grants, developing and operating
794	integrated data projects, and providing assistance to
795	statutorily designated memory disorder clinics as provided under
796	s. 430.502. Not less than 80 percent of the appropriated funds
797	shall be expended for these purposes, and not less than 20
798	percent of the appropriated funds shall be expended for peer-
799	reviewed investigator-initiated research grants. Beginning in
800	fiscal year 2008-2009, if the Johnnie B. Byrd, Sr., Alzheimer's
801	Center and Research Institute seeks to conduct biomedical
802	research using state-appropriated funds or intends to award
803	grants or fellowships for biomedical research using state-
804	appropriated funds, the Johnnie B. Byrd, Sr., Alzheimer's Center
805	and Research Institute shall apply for grants or fellowships
806	from, or make recommendations for the award of grants or
807	fellowships to, the Biomedical Research Advisory Council in the
808	James and Esther King Biomedical Research Program pursuant to s.
809	215.5602.
810	Section 12.  Sections 381.855, 381.92, and 381.921, Florida
811	Statutes, are repealed.
812	Section 13.  If any provision of this act or the
813	application thereof to any person or circumstance is held
814	invalid, the invalidity does not affect other provisions or
815	applications of the act which can be given effect without the
816	invalid provision or application, and to this end the provisions
817	of this act are declared severable.
818	Section 14.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.