CS/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 changes
4	made by this act; revising the time by which certain
5	balances of appropriations from the Biomedical Research
6	Trust Fund may be carried forward; amending s. 215.5601,
7	F.S.; revising a provision relating to the Lawton Chiles
8	Endowment Fund to conform to changes made by this act;
9	amending s. 215.5602, F.S.; providing legislative findings
10	and intent; revising provisions relating to the James and
11	Esther King Biomedical Research Program; revising
12	provisions relating to program funds and funding; revising
13	long-term goals of the program; revising membership
14	provisions relating to the Biomedical Research Advisory
15	Council; providing that the council serves as the
16	exclusive source of certain biomedical research grant and
17	fellowship awards; requiring the council to create
18	committees; providing requirements for the committees;
19	revising duties of the council; requiring the council to
20	submit a list of priorities for funding to the
21	Legislature; providing for criteria for ranking
22	priorities; providing for the award of grants or
23	fellowships by the council upon a specific appropriation;
24	providing restrictions on the recommendation or award of
25	grants or fellowships by other programs and entities;
26	deleting references to conform to changes made by this
27	act; reducing the limits on administrative expenses;
28	revising requirements relating to the council's annual
29	progress report; revising provisions relating to
30	appropriations; amending s. 381.79, F.S.; providing for
31	the expiration of a provision relating to the distribution
32	of funds from the Brain and Spinal Cord Injury Program
33	Trust Fund; amending s. 381.853, F.S.; providing a
34	requirement for the Florida Center for Brain Tumor
35	Research relating to the use of state funds for biomedical
36	research; amending ss. 381.912 and 381.98, F.S.; revising
37	and removing references to conform to changes made by this
38	act; amending s. 381.922, F.S.; revising cross-references
39	to conform to changes made by this act; revising the
40	future repeal of the William G. "Bill" Bankhead, Jr., and
41	David Coley Cancer Research Program; creating s. 381.923,
42	F.S.; creating the William G. "Bill" Bankhead, Jr., and
43	David Coley Cancer Research Council within the Department
44	of Health; providing for duties and functions of the
45	council; providing for membership; providing a requirement
46	for the council to issue an annual report; providing the
47	mission and duties of the Bankhead-Coley Cancer Council;
48	amending s. 430.501, F.S.; providing a requirement for the
49	Alzheimer's Disease Advisory Committee relating to the use
50	of state funds for biomedical research grants or
51	fellowships; amending s. 1004.445, F.S.; providing for the
52	future repeal of provisions and the appropriation relating
53	to certain grants awarded for Alzheimer's disease
54	research; providing a requirement for the Johnnie B. Byrd,
55	Sr., Alzheimer's Center and Research Institute relating to
56	the use of state funds for biomedical research grants or
57	fellowships; repealing s. 381.855, F.S., relating to the
58	Florida Center for Universal Research to Eradicate
59	Disease; repealing s. 381.92, F.S., relating to the
60	Florida Cancer Council; repealing s. 381.921, F.S.,
61	relating to the Florida Cancer Council's mission and
62	duties; providing for severability; providing an effective
63	date.
64
65	WHEREAS, the Legislature finds that the health of
66	Floridians is of utmost importance, and
67	WHEREAS, continuing and promoting biomedical research in
68	the state is key to finding cures for the most deadly and
69	widespread acute, chronic, and degenerative diseases affecting
70	millions of Floridians, and
71	WHEREAS, there are a number of agencies, councils,
72	committees, and other nonprofit entities within the state that
73	are currently awarding state dollars for grants or fellowships
74	for biomedical research in order to find cures for and improve
75	treatment of various diseases affecting Floridians, and
76	WHEREAS, the most effective and efficient use of state
77	biomedical research dollars is to establish a single,
78	comprehensive program to review grant and fellowship proposals
79	and make recommendations to the Legislature for funding of
80	biomedical research grants and fellowships using state funds,
81	and
82	WHEREAS, the consolidated process for awarding state-funded
83	grants and fellowships for biomedical research in the state of
84	Florida will also serve to enhance, encourage, and coordinate
85	biomedical research programs within the state and foster
86	improved transfer of research findings into clinical trials and
87	widespread public use, NOW, THEREFORE,
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1.  Paragraph (h) of subsection (1) of section
92	20.435, Florida Statutes, is amended to read:
93	20.435  Department of Health; trust funds.--
94	(1)  The following trust funds are hereby created, to be
95	administered by the Department of Health:
96	(h)  Biomedical Research Trust Fund.
97	1.  Funds to be credited to the trust fund shall consist of
98	funds deposited pursuant to s. 215.5601 and any other funds
99	appropriated by the Legislature. Funds shall be used for the
100	purposes of the James and Esther King Biomedical Research
101	Program and the William G. "Bill" Bankhead, Jr., and David Coley
102	Cancer Research Program as specified in ss. 215.5602 and,
103	288.955, and 381.922. The trust fund is exempt from the service
104	charges imposed by s. 215.20.
105	2.  Notwithstanding the provisions of s. 216.301 and
106	pursuant to s. 216.351, any balance in the trust fund at the end
107	of any fiscal year shall remain in the trust fund at the end of
108	the year and shall be available for carrying out the purposes of
109	the trust fund. The department may invest these funds
110	independently through the Chief Financial Officer or may
111	negotiate a trust agreement with the State Board of
112	Administration for the investment management of any balance in
113	the trust fund.
114	3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
115	any balance of any appropriation from the Biomedical Research
116	Trust Fund which is not disbursed but which is obligated
117	pursuant to contract or committed to be expended may be carried
118	forward for up to 5 3 years following the effective date of the
119	original appropriation.
120	4.  The trust fund shall, unless terminated sooner, be
121	terminated on July 1, 2008.
122	Section 2.  Paragraph (d) of subsection (1) of section
123	215.5601, Florida Statutes, is amended to read:
124	215.5601  Lawton Chiles Endowment Fund.--
125	(1)  LEGISLATIVE INTENT.--It is the intent of the
126	Legislature to:
127	(d)  Provide funds to help support public-health and
128	biomedical research for the prevention, diagnosis, treatment,
129	and cure of diseases related to tobacco use by creating an
130	annual and perpetual source of funding for biomedical research
131	in the state through the James and Esther King Biomedical
132	Research Program in order to expand the foundation of biomedical
133	knowledge relating to the prevention, diagnosis, treatment, and
134	cure of diseases related to tobacco use, including cancer,
135	cardiovascular disease, stroke, and pulmonary disease; improve
136	the quality of the state's academic health centers by bringing
137	the advances of biomedical research into the training of
138	physicians and other health care providers; and increase the
139	state's per capita funding for biomedical research by
140	undertaking new initiatives in biomedical research which will
141	attract additional funding from outside the state while also
142	stimulating economic activity in the state in areas related to
143	biomedical research, such as the research and production of
144	pharmaceuticals, biotechnology, and medical devices.
145	Section 3.  Section 215.5602, Florida Statutes, is amended
146	to read:
147	215.5602  James and Esther King Biomedical Research
148	Program.--
149	(1)  The Legislature finds that an estimated 128 million
150	Americans, many of them Floridians, suffer from acute, chronic,
151	and degenerative diseases and that biomedical research is the
152	key to finding cures for these diseases. The Legislature further
153	finds that the biomedical technology sector meets the criteria
154	of a high-impact sector, pursuant to s. 288.108, having high
155	importance to this state's economy with a significant potential
156	for growth and contribution to the state's universities and
157	quality of life.
158	(2)  It is the intent of the Legislature that this state
159	strive to become the nation's leader in biomedical research and
160	commit itself to being the state to find cures for the most
161	deadly and widespread diseases. Moreover, it is the intent of
162	the Legislature to expand the state's economy by attracting
163	biomedical researchers and research companies to this state.
164	(3)(1)  There is established within the Department of
165	Health the James and Esther King Biomedical Research Program
166	funded by the proceeds of the Lawton Chiles Endowment Fund
167	pursuant to s. 215.5601 and the Biomedical Research Trust Fund
168	within the Department of Health pursuant to s. 20.435(1)(h). The
169	purpose of the James and Esther King Biomedical Research program
170	is to provide an annual and perpetual source of funding for
171	biomedical in order to support research initiatives that address
172	the health care problems of Floridians in the areas of tobacco-
173	related cancer, cardiovascular disease, stroke, and pulmonary
174	disease. The long-term goals of the program are to:
175	(a)  Improve the health of Floridians by researching better
176	prevention, diagnoses, treatments, and cures for the most deadly
177	and widespread diseases, including, but not limited to, tobacco-
178	related diseases, cancer, cardiovascular disease, stroke, and
179	pulmonary disease, diabetes, autoimmune and genetic disorders,
180	and neurological disorders, including Alzheimer's disease,
181	epilepsy, and Parkinson's disease.
182	(b)  Expand the foundation of biomedical knowledge relating
183	to the prevention, diagnosis, treatment, and cure of diseases
184	related to tobacco use, including cancer, cardiovascular
185	disease, stroke, and pulmonary disease.
186	(c)  Expand the foundation of biomedical knowledge relating
187	to the prevention, diagnosis, treatment, and cure of the most
188	deadly and widespread diseases affecting Floridians.
189	(d)(c)  Improve the quality of the state's academic health
190	centers by bringing the advances of biomedical research into the
191	training of physicians and other health care providers.
192	(e)(d)  Increase the state's per capita funding for
193	research by undertaking new initiatives in public health and
194	biomedical research that will attract additional funding from
195	outside the state.
196	(f)(e)  Stimulate economic activity in the state in areas
197	related to biomedical research, such as the research and
198	production of pharmaceuticals, biotechnology, and medical
199	devices.
200	(g)  Facilitate communication among biomedical researchers
201	and health care providers in order to ensure an ongoing dialogue
202	between researchers, treatment providers, and the department.
203	(h)  Coordinate, improve, expand, and monitor all
204	biomedical research programs within the state funded with state
205	funds, facilitate funding opportunities, and foster improved
206	technology transfer of research findings into clinical trials
207	and widespread public use.
208	(i)  Hold periodic biomedical research summits in this
209	state at which biomedical researchers, biomedical technology
210	companies, business incubators, pharmaceutical manufacturers,
211	and others around the nation and world are invited to share
212	biomedical research findings in order to expedite the discovery
213	of cures. Summit attendees shall cover the costs of such
214	attendance or obtain sponsorship for such attendance.
215	(j)  Encourage clinical trials in this state on research
216	that holds promise of curing a disease or condition.
217	(k)  Encourage partnerships among researchers in this state
218	and institutions in other states and countries in promising new
219	areas of research.
220	(l)  Encourage partnerships and the sharing of information
221	among researchers working to cure all types of diseases,
222	including those that are prevalent in developed countries and
223	those that occur mainly in developing countries but could impact
224	the state through mobile populations.
225	(m)  Encourage the discovery and production in this state
226	of vaccines that prevent disease.
227	(4)(2)  Funds appropriated for the James and Esther King
228	Biomedical Research Program shall be used exclusively for the
229	award of grants and fellowships as established in this section;
230	for research relating to the prevention, diagnosis, treatment,
231	and cure of diseases affecting Floridians related to tobacco
232	use, including cancer, cardiovascular disease, stroke, and
233	pulmonary disease; and for expenses incurred in the
234	administration of this section. Beginning July 1, 2008, funds
235	appropriated for the James and Esther King Biomedical Research
236	Program shall be the exclusive source of state funds used for
237	the award of biomedical research grants and fellowships in this
238	state. Priority shall be granted to research designed to prevent
239	or cure disease.
240	(5)(3)  There is created within the James and Esther King
241	Biomedical Research Program in the Department of Health the
242	Biomedical Research Advisory Council.
243	(a)  The council shall consist of 36 11 members, including:
244	the Secretary of Health, or a designee; the chief executive
245	officer of Enterprise Florida, Inc., or a designee; the chief
246	executive officer of the Florida Division of the American Cancer
247	Society, or a designee; the chief executive officer of the
248	Greater Southeast Florida/Puerto Rico Affiliate of the American
249	Heart Association, or a designee; and the chief executive
250	officer of the American Lung Association of Florida, or a
251	designee; the chief executive officer of the H. Lee Moffitt
252	Cancer Center, or a designee; the director of the University of
253	Florida Shands Cancer Center, or a designee; the chief executive
254	officer of the University of Miami Sylvester Comprehensive
255	Cancer Center, or a designee; the chief executive officer of the
256	Mayo Clinic, Jacksonville, or a designee; the president of the
257	Florida Society of Clinical Oncology, or a designee; and the
258	chief executive officer of the Johnnie B. Byrd, Sr., Alzheimer's
259	Center and Research Institute, or a designee. The remaining 25 8
260	members of the council shall be appointed as follows:
261	1.  The Governor shall appoint thirteen four members as
262	follows:, two members with expertise in the field of biomedical
263	research, one member from a research university in the state,
264	one representative of the Florida Dialogue on Cancer, one
265	representative of the Epilepsy Foundation, one representative of
266	the Florida Medical Foundation, one representative of the
267	American Liver Foundation, one representative of the Florida
268	Academy of Family Physicians, one public health academic, one
269	representative of the Florida Public Health Association, one
270	representative of the Florida Council for Behavioral Health
271	Care, Inc., one representative of the Florida Association of
272	County Health Officers, and one member representing the general
273	population of the state.
274	2.  The President of the Senate shall appoint six two
275	members as follows: one former member of the Senate, one member
276	with expertise in the field of behavioral or social research,
277	one representative of BioFlorida, one representative of
278	Pharmaceutical Research and Manufacturers of America, one
279	representative of the South Coastal Region of the American
280	Diabetes Association, and one representative from a cancer
281	program approved by the American College of Surgeons.
282	3.  The Speaker of the House of Representatives shall
283	appoint six two members as follows: one former member of the
284	House of Representatives, one representative of the National
285	Parkinson Foundation, one representative of the Alzheimer's
286	Association, one representative of the Florida Research
287	Consortium, one member from a professional medical organization,
288	and one representative from a cancer program approved by the
289	American College of Surgeons.
290
291	In making these appointments, the Governor, the President of the
292	Senate, and the Speaker of the House of Representatives shall
293	select primarily, but not exclusively, Floridians with
294	biomedical and lay expertise in the general areas of cancer,
295	cardiovascular disease, stroke, and pulmonary disease, diabetes,
296	autoimmune and genetic disorders, and neurological disorders,
297	including Alzheimer's disease, epilepsy, and Parkinson's
298	disease. The appointments shall be for a 3-year term and shall
299	reflect the diversity of the state's population. An appointed
300	member may not serve more than two consecutive terms.
301	(b)  Beginning July 1, 2008, and each year thereafter, the
302	council shall serve as the exclusive source of awarding grants
303	or fellowships for biomedical research in the state using state
304	funds. This paragraph shall not preclude another grant or
305	fellowship program in the state from awarding grants from funds
306	received from private or federal sources where permitted by
307	state law.
308	(c)1.  The council shall create the following committees,
309	and may create other committees as it deems necessary:
310	a.  Committee on Tobacco-related Diseases.
311	b.  Bankhead-Coley Committee on Cancer.
312	c.  Committee on Stroke.
313	d.  Committee on Cardiovascular Disease.
314	e.  Committee on Pulmonary Disease.
315	f.  Committee on Diabetes.
316	g.  Committee on Autoimmune Disorders.
317	h.  Johnnie B. Byrd, Sr., Committee on Alzheimer's Disease.
318	i.  Committee on Parkinson's Disease.
319	j.  Committee on Neurological Disorders.
320	2.  The committees shall be comprised of council members,
321	with the exception of the Johnnie B. Byrd, Sr., Committee on
322	Alzheimer's Disease, which shall be comprised of the board of
323	directors of the Johnnie B. Byrd, Sr., Alzheimer's Center and
324	Research Institute pursuant to s. 1004.445. Each committee shall
325	focus on issues and proposed research related to that committee
326	and shall report findings and make recommendations to the
327	council regarding the award of grants and the areas of focus or
328	need for future grants and fellowships. Recommendations to the
329	council from the Johnnie B. Byrd, Sr., Committee on Alzheimer's
330	Disease shall be developed by the committee in consultation with
331	the council of scientific advisers created in s. 1004.445(7).
332	(d)(b)  The council shall adopt internal organizational
333	procedures as necessary for its efficient organization,
334	including procedures for assigning council members to committees
335	and coordination between the council and committees.
336	(e)(c)  The department shall provide such staff,
337	information, and other assistance as is reasonably necessary to
338	assist the council in carrying out its responsibilities,
339	including those of its committees.
340	(f)(d)  Members of the council shall serve without
341	compensation, but may receive reimbursement as provided in s.
342	112.061 for travel and other necessary expenses incurred in the
343	performance of their official duties, including committee
344	meetings.
345	(6)(4)  The council shall, after considering the
346	recommendations of its committees, determine advise the
347	Secretary of Health as to the direction and scope of the
348	biomedical research program. The responsibilities of the council
349	may include, but are not limited to:
350	(a)  Establishing Providing advice on program priorities
351	and emphases.
352	(b)  Evaluating Providing advice on the overall program
353	budget and making recommendations to the Legislature for future
354	appropriations.
355	(c)  Conducting Participating in periodic program
356	evaluation.
357	(d)  Developing Assisting in the development of guidelines
358	to ensure fairness, neutrality, and adherence to the principles
359	of merit and quality in the conduct of the program.
360	(e)  Developing Assisting in the development of appropriate
361	linkages to nonacademic entities, such as voluntary
362	organizations, health care delivery institutions, industry,
363	government agencies, and public officials.
364	(f)  Developing criteria and standards for the award of
365	research grants.
366	(g)  Developing administrative procedures relating to
367	solicitation, independent peer review, and award of research
368	grants and fellowships, to ensure an impartial, high-quality,
369	science-based peer review system.
370	(h)  Developing and supervising research peer review
371	panels.
372	(i)  Reviewing reports of peer review panels and making
373	recommendations for research grants and fellowships.
374	(j)  Developing and providing oversight regarding
375	mechanisms for the dissemination of research results.
376	(k)  Maintaining a website with links to peer-reviewed
377	biomedical research funded with state funds and to future
378	opportunities to apply for an award of a biomedical research
379	grant or fellowship from the council. Application forms for
380	grants or fellowships shall be available on the website through
381	an online application system. The website shall also provide a
382	list of all known biomedical research using state funds being
383	conducted in this state and shall facilitate communication among
384	researchers and other interested parties.
385	(l)  Disseminating breakthrough findings in, and
386	information about, innovative biomedical research and clinical
387	trials that will assist in making Floridians and their treatment
388	providers aware of specified diseases and conditions and
389	available methods of preventing, diagnosing, treating, and
390	curing such diseases and conditions.
391	(7)(5)(a)  Applications for biomedical research funding
392	under the program may be submitted from any university or
393	established research institute in the state. All qualified
394	investigators in the state, regardless of institution
395	affiliation, shall have equal access and opportunity to compete
396	for the research funding.
397	(b)  Beginning in 2008 and each year thereafter, the
398	council shall submit to the Legislature by February 1 a priority
399	list of biomedical research for funding by the Legislature based
400	upon the applications received. Recommendations to the
401	Legislature shall be made in the form of a list from the council
402	in rank order of priority from the proposal with the highest
403	priority through the proposal with the lowest priority,
404	including the recommended dollar amount and duration for each
405	proposal.
406	(c)(b)  The council's overall rank for proposed research
407	shall be based on the score awarded to the proposal by peer
408	reviewers Grants and fellowships shall be awarded by the
409	Secretary of Health, after consultation with the council, on the
410	basis of scientific merit through, as determined by an open
411	competitive peer review process that ensures objectivity,
412	consistency, and high quality, and the council's determination
413	of the following:
414	1.  The projected impact that the proposed research will
415	have on the most deadly and widespread diseases affecting
416	Floridians at the time the grant or fellowship is awarded;
417	2.  The likelihood or possibility that the proposed
418	research will result in new treatment modalities or technology
419	during the term of the grant or fellowship; and
420	3.  Whether the research proposed offers an efficient use
421	of state funds in order to prevent or cure disease.
422	(d)  The following types of applications shall be
423	considered for funding:
424	1.  Investigator-initiated research grants.
425	2.  Institutional research grants.
426	3.  Predoctoral and postdoctoral research fellowships.
427	(e)  Upon a specific appropriation, the council shall award
428	grants for terms of 1 to 5 years.
429	(f)  Beginning in fiscal year 2008-2009 and each fiscal
430	year thereafter, any program, board, commission, council,
431	advisory group, or committee created by state law that awards
432	grants or fellowships for biomedical research shall cease
433	awarding grants or fellowships using state funds and instead
434	shall make recommendations to the council and its committees for
435	the prioritization and award of grants through the James and
436	Esther King Biomedical Research Program.
437	(g)  Beginning in fiscal year 2008-2009 and each fiscal
438	year thereafter, any program, board, commission, council,
439	advisory group, or committee created by state law that
440	facilitates or recommends the award of biomedical research
441	grants using state funds shall make recommendations to the
442	council and its committees for the prioritization and award of
443	grants through the James and Esther King Biomedical Research
444	Program.
445	(8)(6)  To ensure that all proposals for research funding
446	are appropriate and are evaluated fairly on the basis of
447	scientific merit, the Secretary of Health, in consultation with
448	the council, shall appoint a peer review panel of independent,
449	scientifically qualified individuals to review the scientific
450	content of each proposal and establish its scientific priority
451	score. The priority scores shall be forwarded to the council and
452	its committees and must be considered in determining which
453	proposals shall be recommended for funding.
454	(9)(7)  The council, the committees, and the peer review
455	panel shall establish and follow rigorous guidelines for ethical
456	conduct and adhere to a strict policy with regard to conflict of
457	interest. A member of the council, a committee, or a panel may
458	not participate in any discussion or decision with respect to a
459	research proposal by any firm, entity, or agency with which the
460	member is associated as a member of the governing body or as an
461	employee, or with which the member has entered into a
462	contractual arrangement. Meetings of the council, the
463	committees, and the peer review panels shall be subject to the
464	provisions of chapter 119, s. 286.011, and s. 24, Art. I of the
465	State Constitution.
466	(10)(8)  The department may contract on a competitive-bid
467	basis with an appropriate entity to administer the program.
468	Administrative expenses may not exceed 5 15 percent of the total
469	funds available to the program in any given year.
470	(11)(9)  The department, after consultation with the
471	council, may adopt rules pursuant to ss. 120.536(1) and 120.54
472	as necessary to implement this section.
473	(12)(10)  In addition to its recommendations to the
474	Legislature to appropriate money for the award of grants and
475	fellowships pursuant to subsection (7), the council shall submit
476	an annual progress report on the state of biomedical research in
477	this state to the Florida Center for Universal Research to
478	Eradicate Disease and to the Governor, the Secretary of Health,
479	the President of the Senate, and the Speaker of the House of
480	Representatives by February 1. The report must include:
481	(a)  A list of current research projects supported by
482	grants or fellowships awarded under the program.
483	(b)  A list of recipients of program grants or fellowships.
484	(c)  A list of publications in peer-reviewed peer reviewed
485	journals involving research supported by grants or fellowships
486	awarded under the program.
487	(d)  The total amount of biomedical research funding
488	currently flowing into the state.
489	(e)  New grants for biomedical research which were funded
490	based on research supported by grants or fellowships awarded
491	under the program.
492	(f)  Progress in the prevention, diagnosis, treatment, and
493	cure of the most deadly and widespread diseases, including
494	cancer, cardiovascular disease, stroke, pulmonary disease,
495	diabetes, autoimmune and genetic disorders, and neurological
496	disorders, including Alzheimer's disease, epilepsy, and
497	Parkinson's disease diseases related to tobacco use, including
498	cancer, cardiovascular disease, stroke, and pulmonary disease.
499	(11)  The council shall award grants for cancer research
500	through the William G. "Bill" Bankhead, Jr., and David Coley
501	Cancer Research Program created in s. 381.922.
502	(13)(a)(12)  Beginning in fiscal year 2006-2007, the sum of
503	$6 million is appropriated annually from recurring funds in the
504	General Revenue Fund to the Biomedical Research Trust Fund
505	within the Department of Health for purposes of the James and
506	Esther King Biomedical Research Program pursuant to this
507	section. This paragraph expires June 30, 2008. From these funds
508	up to $250,000 shall be available for the operating costs of the
509	Florida Center for Universal Research to Eradicate Disease.
510	(b)  Beginning in fiscal year 2008-2009 and each fiscal
511	year thereafter, the Legislature may appropriate funds from
512	recurring funds in the General Revenue Fund to the Biomedical
513	Research Trust Fund within the Department of Health for purposes
514	of the James and Esther King Biomedical Research Program. Any
515	research grant or fellowship for cancer research awarded
516	pursuant to this section shall be named a "Bankhead-Coley Cancer
517	Grant." Any research grant or fellowship awarded for Alzheimer's
518	research pursuant to this section shall be named a "Johnnie B.
519	Byrd, Sr., Alzheimer's Grant." Any other research grant or
520	fellowship awarded pursuant to this section shall be named a
521	"James and Esther King Biomedical Research Grant."
522	(c)  Notwithstanding subsection (7), in fiscal years 2008-
523	2009 and 2009-2010, the Legislature shall appropriate each year
524	no less than $9 million from recurring funds in the General
525	Revenue Fund to the Biomedical Research Trust Fund within the
526	Department of Health, which shall be designated for Bankhead-
527	Coley Cancer Grants. Beginning in fiscal year 2010-2011, the
528	Legislature shall appropriate annually no less than $5 million
529	from recurring funds in the General Revenue Fund to the
530	Biomedical Research Trust Fund within the Department of Health,
531	which shall be designated for Bankhead-Coley Cancer Grants.
532	(d)  Notwithstanding subsection (7), beginning in fiscal
533	year 2008-2009 and each fiscal year thereafter, the Legislature
534	shall appropriate annually no less than $2 million from
535	recurring funds in the General Revenue Fund to the Biomedical
536	Research Trust Fund within the Department of Health, which shall
537	be designated for Johnnie B. Byrd, Sr., Alzheimer's Grants.
538	(14)(13)  By June 1, 2009, the Division of Statutory
539	Revision of the Office of Legislative Services shall certify to
540	the President of the Senate and the Speaker of the House of
541	Representatives the language and statutory citation of this
542	section, which is scheduled to expire January 1, 2011.
543	(15)(14)  The Legislature shall review the performance, the
544	outcomes, and the financial management of the James and Esther
545	King Biomedical Research Program during the 2010 Regular Session
546	of the Legislature and shall determine the most appropriate
547	funding source and means of funding the program based on its
548	review.
549	(16)(15)  This section expires January 1, 2011, unless
550	reviewed and reenacted by the Legislature before that date.
551	Section 4.  Subsection (3) of section 381.79, Florida
552	Statutes, is amended to read:
553	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
554	(3)  Annually, 5 percent of the revenues deposited monthly
555	in the fund pursuant to s. 318.21(2)(d) shall be appropriated to
556	the University of Florida and 5 percent to the University of
557	Miami for spinal cord injury and brain injury research. The
558	amount to be distributed to the universities shall be calculated
559	based on the deposits into the fund for each quarter in the
560	fiscal year, but may not exceed $500,000 per university per
561	year. Funds distributed under this subsection shall be made in
562	quarterly payments at the end of each quarter during the fiscal
563	year. This subsection expires June 30, 2008.
564	Section 5.  Paragraph (h) is added to subsection (4) of
565	section 381.853, Florida Statutes, to read:
566	381.853  Florida Center for Brain Tumor Research.--
567	(4)  The Florida Center for Brain Tumor Research is
568	established within the Evelyn F. and William L. McKnight Brain
569	Institute of the University of Florida.
570	(h)  Beginning in fiscal year 2008-2009 and each fiscal
571	year thereafter, if the center seeks to conduct biomedical
572	research or intends to award or recommend the award of grants or
573	fellowships for biomedical research using state funds, the
574	center shall apply for grants or fellowships from or make
575	recommendations for the award of grants or fellowships to the
576	Biomedical Research Advisory Council in the James and Esther
577	King Biomedical Research Program pursuant to s. 215.5602.
578	Section 6.  Subsection (1) of section 381.912, Florida
579	Statutes, is amended to read:
580	381.912  Cervical Cancer Elimination Task Force.--
581	(1)  Effective July 1, 2004, the Cervical Cancer
582	Elimination Task Force is established for the purpose of
583	recommending strategies and actions to reduce the costs and
584	burdens of cervical cancer in Florida. The task force shall
585	present interim reports to the William G. "Bill" Bankhead, Jr.,
586	and David Coley Cancer Research Council Florida Public Health
587	Foundation, Inc., the Florida Cancer Council, the Center for
588	Universal Research to Eradicate Disease, the Governor, the
589	President of the Senate, and the Speaker of the House of
590	Representatives on January 1, 2006, and July 1, 2007, with a
591	final report due on June 30, 2008. After submitting its final
592	report on or before June 30, 2008, the task force is dissolved.
593	Section 7.  Subsections (2), (5), and (8) of section
594	381.922, Florida Statutes, are amended to read:
595	381.922  William G. "Bill" Bankhead, Jr., and David Coley
596	Cancer Research Program.--
597	(2)  The program shall provide grants for cancer research
598	to further the search for cures for cancer.
599	(a)  Emphasis shall be given to the goals enumerated in s.
600	381.923 381.921, as those goals support the advancement of such
601	cures.
602	(b)  Preference may be given to grant proposals that foster
603	collaborations among institutions, researchers, and community
604	practitioners, as such proposals support the advancement of
605	cures through basic or applied research, including clinical
606	trials involving cancer patients and related networks.
607	(5)  Beginning in fiscal year 2006-2007, the sum of $9
608	million is appropriated annually from recurring funds in the
609	General Revenue Fund to the Biomedical Research Trust Fund
610	within the Department of Health for purposes of the William G.
611	"Bill" Bankhead, Jr., and David Coley Cancer Research Program
612	and shall be distributed pursuant to this section to provide
613	grants to researchers seeking cures for cancer, with emphasis
614	given to the goals enumerated in s. 381.923 381.921. From the
615	total funds appropriated, an amount of up to 10 percent may be
616	used for administrative expenses.
617	(8)  This section expires June 30, 2008 January 1, 2011,
618	unless reviewed and reenacted by the Legislature before that
619	date.
620	Section 8.  Section 381.923, Florida Statutes, is created
621	to read:
622	381.923  William G. "Bill" Bankhead, Jr., and David Coley
623	Cancer Research Council.--
624	(1)  Effective July 1, 2007, the William G. "Bill"
625	Bankhead, Jr., and David Coley Cancer Research Council, which
626	may be cited as the "Bankhead-Coley Cancer Council," is created
627	within the Department of Health for the purpose of making the
628	state a center of excellence for cancer research.
629	(2)(a)  The council shall be representative of the state's
630	cancer centers, hospitals, and patient groups and shall be
631	organized and shall operate in accordance with this section.
632	(b)  The members of the council shall consist of:
633	1.  The chair of the Florida Dialogue on Cancer, who shall
634	serve as the chair of the council.
635	2.  The Deputy Secretary for Health or his or her designee.
636	3.  The chief executive officer of the H. Lee Moffitt
637	Cancer Center or his or her designee.
638	4.  The director of the University of Florida Shands Cancer
639	Center or his or her designee.
640	5.  The chief executive officer of the University of Miami
641	Sylvester Comprehensive Cancer Center or his or her designee.
642	6.  The chief executive officer of the Mayo Clinic,
643	Jacksonville, or his or her designee.
644	7.  The chief executive officer of the American Cancer
645	Society, Florida Division, Inc., or his or her designee.
646	8.  The president of the American Cancer Society, Florida
647	Division, Inc., Board of Directors or his or her designee.
648	9.  The president of the Florida Society of Clinical
649	Oncology or his or her designee.
650	10.  The president of the American College of Surgeons,
651	Florida Chapter, or his or her designee.
652	11.  The chief executive officer of Enterprise Florida,
653	Inc., or his or her designee.
654	12.  Five representatives from cancer programs approved by
655	the American College of Surgeons. Three of the five shall be
656	appointed by the Governor, one shall be appointed by the Speaker
657	of the House of Representatives, and one shall be appointed by
658	the President of the Senate.
659	13.  One member of the House of Representatives, to be
660	appointed by the Speaker of the House of Representatives.
661	14.  One member of the Senate, to be appointed by the
662	President of the Senate.
663	(c)  Appointments made by the Speaker of the House of
664	Representatives and the President of the Senate pursuant to
665	paragraph (b) shall be for 2-year terms, concurrent with the
666	bienniums in which they serve as presiding officers.
667	(d)  Appointments made by the Governor pursuant to
668	paragraph (b) shall be for 2-year terms, although the Governor
669	may reappoint members.
670	(e)  Members of the council shall serve without
671	compensation, and each organization represented on the council
672	shall cover the expenses of its representative.
673	(3)  The council shall issue an annual report to the James
674	and Esther King Biomedical Research Program, the Governor, the
675	Speaker of the House of Representatives, and the President of
676	the Senate by December 15 of each year, with policy
677	recommendations regarding cancer research capacity in the state
678	and related issues.
679	(4)  The council shall make recommendations for the award
680	of cancer research grants or fellowships to the James and Esther
681	King Biomedical Research Program pursuant to s. 215.5602.
682	(5)  The council shall ensure that the goals of the council
683	are advanced and shall endeavor to dramatically improve cancer
684	research and treatment in this state through:
685	(a)  Efforts to significantly expand cancer research
686	capacity in the state by:
687	1.  Identifying ways to attract new research talent and
688	attendant national grant-producing researchers to cancer
689	research facilities in this state.
690	2.  Encouraging the employment of bioinformatics in order
691	to create a cancer informatics infrastructure that enhances
692	information and resource exchange and integration through
693	researchers working in diverse disciplines, to facilitate the
694	full spectrum of cancer investigations.
695	3.  Facilitating the technical coordination, business
696	development, and support of intellectual property as it relates
697	to the advancement of cancer research.
698	4.  Aiding in other multidisciplinary research-support
699	activities as they inure to the advancement of cancer research.
700	(b)  Efforts to improve both research and treatment through
701	greater participation in clinical trials networks by:
702	1.  Identifying ways to increase adult enrollment in cancer
703	clinical trials.
704	2.  Supporting public and private professional education
705	programs designed to increase the awareness and knowledge about
706	cancer clinical trials.
707	3.  Providing tools to cancer patients and community-based
708	oncologists to aid in the identification of cancer clinical
709	trials available in the state.
710	4.  Creating opportunities for the state's academic cancer
711	centers to collaborate with community-based oncologists in
712	cancer clinical trials networks.
713	(c)  Efforts to reduce the impact of cancer on disparate
714	groups by:
715	1.  Identifying those cancers that disproportionately
716	impact certain demographic groups.
717	2.  Building collaborations designed to reduce health
718	disparities as they relate to cancer.
719	Section 9.  Subsections (8) and (12) of section 381.98,
720	Florida Statutes, are amended to read:
721	381.98  The Florida Public Health Foundation, Inc.;
722	establishment; purpose; mission; duties; board of directors.--
723	(8)  The corporation, in consultation with the Department
724	of Health and the Florida Center for Universal Research to
725	Eradicate Disease, shall facilitate communication between
726	biomedical researchers and health care providers each month
727	according to the health awareness schedule established by the
728	Florida Public Health Foundation, Inc., in order to ensure
729	ongoing dialogue between researchers, treatment providers, and
730	the department.
731	(12)  The corporation shall provide an annual report
732	concerning its activities and finances to the Florida Center for
733	Universal Research to Eradicate Disease and shall provide copies
734	of the annual report to the Governor, the President of the
735	Senate, and the Speaker of the House of Representatives.
736	Section 10.  Subsection (5) is added to section 430.501,
737	Florida Statutes, to read:
738	430.501  Alzheimer's Disease Advisory Committee; research
739	grants.--
740	(5)  Beginning in fiscal year 2008-2009 and each fiscal
741	year thereafter, if the committee seeks to award or make
742	recommendations for the award of biomedical research grants or
743	fellowships using state funds, the committee shall apply for
744	grants or fellowships from, or make recommendations for the
745	award of grants or fellowships by, the Biomedical Research
746	Advisory Council in the James and Esther King Biomedical
747	Research Program pursuant to s. 215.5602.
748	Section 11.  Subsections (8) and (12) of section 1004.445,
749	Florida Statutes are amended to read:
750	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
751	Research Institute.--
752	(8)(a)  Applications for Alzheimer's disease research
753	funding may be submitted from any university or established
754	research institute in the state. All qualified investigators in
755	the state, regardless of institutional affiliation, shall have
756	equal access and opportunity to compete for the research
757	funding. Grants shall be awarded by the board of directors of
758	the not-for-profit corporation on the basis of scientific merit,
759	as determined by an open, competitive peer review process that
760	ensures objectivity, consistency, and high quality. The
761	following types of applications shall be considered for funding:
762	1.  Investigator-initiated research grants.
763	2.  Institutional research grants.
764	3.  Collaborative research grants, including those that
765	advance the finding of cures through basic or applied research.
766	(b)  Preference may be given to grant proposals that foster
767	collaboration among institutions, researchers, and community
768	practitioners because these proposals support the advancement of
769	cures through basic or applied research, including clinical
770	trials involving Alzheimer's patients and related networks.
771	(c)  To ensure that all proposals for research funding are
772	appropriate and are evaluated fairly on the basis of scientific
773	merit, the board of directors of the not-for-profit corporation,
774	in consultation with the council of scientific advisors, shall
775	appoint a peer review panel of independent, scientifically
776	qualified individuals to review the scientific content of each
777	proposal and establish its scientific priority score. The
778	priority scores shall be forwarded to the council and must be
779	considered by the board of directors of the not-for-profit
780	corporation in determining which proposals shall be recommended
781	for funding.
782	(d)  The council of scientific advisors and the peer review
783	panel shall establish and follow rigorous guidelines for ethical
784	conduct and adhere to a strict policy with regard to conflict of
785	interest. All employees, members of the board of directors, and
786	affiliates of the not-for-profit corporation shall follow the
787	same rigorous guidelines for ethical conduct and shall adhere to
788	the same strict policy with regard to conflict of interest. A
789	member of the council or panel may not participate in any
790	discussion or decision with respect to a research proposal by
791	any firm, entity, or agency with which the member is associated
792	as a member of the governing body or as an employee or with
793	which the member has entered into a contractual arrangement.
794	Meetings of the council and the peer review panels are subject
795	to chapter 119, s. 286.011, and s. 24, Art. I of the State
796	Constitution.
797	(e)  This subsection expires June 30, 2008.
798	(12)(a)  Beginning in fiscal year 2006-2007, the sum of $15
799	million is appropriated annually from recurring funds in the
800	General Revenue Fund to the Grants and Donations Trust Fund
801	within the Department of Elderly Affairs for the Johnnie B.
802	Byrd, Sr., Alzheimer's Center and Research Institute at the
803	University of South Florida for the purposes as provided under
804	paragraph (6)(a), conducting and supporting research, providing
805	institutional research grants and investigator-initiated
806	research grants, developing and operating integrated data
807	projects, and providing assistance to statutorily designated
808	memory disorder clinics as provided under s. 430.502. Not less
809	than 80 percent of the appropriated funds shall be expended for
810	these purposes, and not less than 20 percent of the appropriated
811	funds shall be expended for peer-reviewed investigator-initiated
812	research grants. This paragraph expires June 30, 2008.
813	(b)  Beginning in fiscal year 2008-2009 and each fiscal
814	year thereafter, the sum of $5 million is appropriated annually
815	from recurring funds in the General Revenue Fund to the Grants
816	and Donations Trust Fund within the Department of Elderly
817	Affairs for the Johnnie B. Byrd, Sr., Alzheimer's Center and
818	Research Institute at the University of South Florida to develop
819	and operate integrated data projects and provide assistance to
820	statutorily designated memory disorder clinics as provided under
821	s. 430.502. If the Johnnie B. Byrd, Sr., Alzheimer's Center and
822	Research Institute seeks to conduct or intends to award grants
823	or fellowships for biomedical research using state funds, the
824	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
825	shall apply for grants or fellowships from or make
826	recommendations for the award of grants or fellowships to the
827	Biomedical Research Advisory Council within the James and Esther
828	King Biomedical Research Program pursuant to s. 215.5602.
829	Section 12.  Sections 381.855, 381.92, and 381.921, Florida
830	Statutes, are repealed.
831	Section 13.  If any provision of this act or the
832	application thereof to any person or circumstance is held
833	invalid, the invalidity does not affect other provisions or
834	applications of the act which can be given effect without the
835	invalid provision or application, and to this end the provisions
836	of this act are declared severable.
837	Section 14.  This act shall take effect July 1, 2007.

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