Senate Bill sb0750

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    Florida Senate - 2007                                   SB 750

    By Senator Geller





    31-252A-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to biomedical research;

  3         amending s. 20.435, F.S.; revising uses for

  4         funds credited to the Biomedical Research Trust

  5         Fund; amending s. 381.86, F.S.; providing that

  6         the Institutional Review Board within the

  7         Department of Health shall not review certain

  8         research within the jurisdiction of the Stem

  9         Cell Research Advisory Council; creating s.

10         381.99, F.S.; creating the Florida Better

11         Quality of Life and Biomedical Research Act;

12         providing a short title; providing definitions;

13         creating the Stem Cell Research Advisory

14         Council; providing for appointment, terms, and

15         duties of members; authorizing reimbursement

16         for per diem and travel expenses; requiring a

17         report; requiring the Department of Health to

18         provide administrative support; creating the

19         Biomedical Ethics Advisory Council to regulate

20         research procedures and enforce ethical

21         guidelines; providing for appointment, terms,

22         and duties of members; authorizing

23         reimbursement for per diem and travel expenses;

24         providing duties of the council; providing for

25         a grants-in-aid program for the purpose of

26         conducting embryonic, amniotic, or human adult

27         stem cell research; providing that

28         grants-in-aid shall be provided through funds

29         in the Biomedical Research Trust Fund;

30         restricting the use of such funds for research

31         on certain stem cells; providing requirements

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         with respect to the disposition of human

 2         embryos following infertility treatment;

 3         requiring the Department of Health to develop

 4         and maintain on its Internet website a consent

 5         form for the donation of certain embryos;

 6         prohibiting purchase or sale of embryonic fetal

 7         tissue for research purposes; prohibiting

 8         certain acts relating to human reproductive

 9         cloning; providing penalties; providing a

10         continuing appropriation; providing an

11         effective date.

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13         WHEREAS, an estimated 130 million Americans suffer from

14  acute, chronic, and degenerative diseases and there is

15  enormous potential for lifesaving treatment and therapy as a

16  result of recent advances in biomedical research, and

17         WHEREAS, Florida is unique among all states because of

18  the size of the projected net population increase within the

19  next 20 years, which raises significant health care concerns

20  as a new generation of retirees moves to Florida, resulting in

21  a corresponding rise in the number of persons suffering from

22  illnesses such as cancer, heart disease, Alzheimer's Disease,

23  Parkinson's Disease, cerebral palsy, juvenile diabetes,

24  atherosclerosis, Amyotrophic Lateral Sclerosis, AIDS, spinal

25  cord injuries, severe burns, osteoporosis, osteoarthritis,

26  cystic fibrosis, muscular dystrophy, multiple sclerosis,

27  macular degeneration, diabetic retinopathy, retinitis

28  pigmentosa, cirrhosis of the liver, motor neuron disease,

29  brain trauma, stroke, sickle cell anemia, and intestinal

30  diseases, and

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         WHEREAS, in order to maintain a high quality of life

 2  for all Floridians, research into stem cell regenerative

 3  therapies and treatment should be supported to give hope and

 4  relief to the millions of citizens who suffer from

 5  degenerative and crippling diseases, and

 6         WHEREAS, to reduce the burden on the health care

 7  infrastructure, the state must shift its health care

 8  objectives from costly long-term maintenance toward prevention

 9  and cures, and

10         WHEREAS, to bolster and advance Florida's burgeoning

11  biotechnology industry, the state should provide funds and

12  incentives to encourage private research companies to work in

13  the state, and

14         WHEREAS, the state should advance the goal of

15  scientific and academic discourse in its universities and help

16  bring its public and private universities to the forefront in

17  biomedical research and technology, and

18         WHEREAS, it will benefit the economy of the state to

19  create a wide array of new projects and high-paying jobs

20  relating to biomedical research, and

21         WHEREAS, it will benefit the state to foster

22  cooperation between the state's universities and private

23  sector research in terms of jobs, resources, and academic

24  discourse relating to biomedical research, and

25         WHEREAS, the public funds provided under the Florida

26  Better Quality of Life and Biomedical Research Act are

27  intended to spur innovation and development in Florida's

28  biomedical technology sector, which will be used to treat

29  debilitating chronic diseases, NOW, THEREFORE,

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         Section 1.  Paragraph (h) of subsection (1) of section

 2  20.435, Florida Statutes, is amended to read:

 3         20.435  Department of Health; trust funds.--

 4         (1)  The following trust funds are hereby created, to

 5  be administered by the Department of Health:

 6         (h)  Biomedical Research Trust Fund.

 7         1.  Funds to be credited to the trust fund shall

 8  consist of funds deposited pursuant to ss. s. 215.5601,

 9  288.955, and 381.99, and any other funds appropriated by the

10  Legislature. Funds shall be used for the purposes of the James

11  and Esther King Biomedical Research Program, and the William

12  G. "Bill" Bankhead, Jr., and David Coley Cancer Research

13  Program, and the Florida Better Quality of Life and Biomedical

14  Research Act as specified in ss. 215.5602, 288.955, and

15  381.922, and 381.99. The trust fund is exempt from the service

16  charges imposed by s. 215.20.

17         2.  Notwithstanding the provisions of s. 216.301 and

18  pursuant to s. 216.351, any balance in the trust fund at the

19  end of any fiscal year shall remain in the trust fund at the

20  end of the year and shall be available for carrying out the

21  purposes of the trust fund. The department may invest these

22  funds independently through the Chief Financial Officer or may

23  negotiate a trust agreement with the State Board of

24  Administration for the investment management of any balance in

25  the trust fund.

26         3.  Notwithstanding s. 216.301 and pursuant to s.

27  216.351, any balance of any appropriation from the Biomedical

28  Research Trust Fund which is not disbursed but which is

29  obligated pursuant to contract or committed to be expended may

30  be carried forward for up to 3 years following the effective

31  date of the original appropriation.

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         4.  The trust fund shall, unless terminated sooner, be

 2  terminated on July 1, 2008.

 3         Section 2.  Subsection (2) of section 381.86, Florida

 4  Statutes, is amended to read:

 5         381.86  Institutional Review Board.--

 6         (2)  Consistent with federal requirements, the

 7  Secretary of Health shall determine and appoint the membership

 8  of the board and designate its chair, except that a separate

 9  Stem Cell Research Advisory Council shall be appointed

10  pursuant to s. 381.99 for the sole purpose of reviewing

11  research funded under that section.

12         Section 3.  Section 381.99, Florida Statutes, is

13  created to read:

14         381.99  Florida Better Quality of Life and Biomedical

15  Research Act.--

16         (1)  SHORT TITLE.--This section may be cited as the

17  "Florida Better Quality of Life and Biomedical Research Act."

18         (2)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Adult stem cell" means an undifferentiated cell

20  found among differentiated cells in a tissue or an organ which

21  can renew itself and can differentiate to yield the major

22  specialized cell types of the tissue or organ.

23         (b)  "Amniotic stem cell" means a cell extracted from

24  human amniotic fluid or a placenta.

25         (c)  "Embryonic stem cell" means a cell obtained from

26  the undifferentiated inner mass of an early-stage embryo.

27         (d)  "Human reproductive cloning" means the practice of

28  creating or attempting to create a human being by transferring

29  the nucleus from a human cell into an egg cell from which the

30  nucleus has been removed for the purpose of implanting the

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  resulting product in a uterus or a substitute for a uterus to

 2  initiate a pregnancy.

 3         (e)  "In vitro fertilization" means a technique by

 4  which oocytes are fertilized by sperm outside a woman's body

 5  resulting in organisms that are not genetically identical to

 6  any one existing human.

 7         (f)  "Stem cell" means an undifferentiated cell that

 8  retains the potential to differentiate into some or all other

 9  cell types.

10         (3)  STEM CELL RESEARCH ADVISORY COUNCIL.--There is

11  created the Stem Cell Research Advisory Council.

12         (a)  The advisory council shall consist of the

13  Secretary of Health or his or her designee, who shall act as

14  chair, and six additional members, who shall be appointed as

15  follows:

16         1.  Two persons appointed by the Governor, one of whom

17  shall be an academic researcher in the field of stem cell

18  research and one of whom shall have a background in bioethics.

19         2.  One person appointed by the President of the

20  Senate, who shall have a background in private sector stem

21  cell funding and development and public sector biomedical

22  research and funding.

23         3.  One person appointed by the Speaker of the House of

24  Representatives, who shall have a background in private sector

25  stem cell funding and development and public sector biomedical

26  research and funding.

27         4.  One person appointed by the Minority Leader of the

28  Senate, who shall have a background and experience in either

29  public sector or private sector stem cell research and

30  development.

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         5.  One person appointed by the Minority Leader of the

 2  House of Representatives, who shall have a background and

 3  experience in business and financial investments.

 4  

 5  Each member shall serve a term of 2 years commencing on

 6  October 1, 2007. No member shall serve for more than two

 7  consecutive 2-year terms; however, for the purpose of

 8  providing staggered terms, of the initial appointments, three

 9  members shall be appointed to a 1-year term and three members

10  shall be appointed to a 2-year term. Any vacancy on the

11  council shall be filled in the same manner as the original

12  appointment. All initial appointments must be made by October

13  1, 2007. The first meeting shall take place no later than

14  November 1, 2007. All meetings are subject to the call of the

15  chair. Members shall meet at least twice a year or as often as

16  necessary to discharge their duties but shall have no more

17  than four meetings during any 12-month period. Members shall

18  serve without compensation but may be reimbursed for per diem

19  and travel expenses in accordance with s. 112.061.

20         (b)  The advisory council shall:

21         1.  Develop a donated funds program for recommendation

22  to the Secretary of Health to encourage the development of

23  funds other than state appropriations for embryonic, amniotic,

24  and human adult stem cell research in the state.

25         2.  Examine and identify specific ways to improve and

26  promote for-profit and not-for-profit embryonic, amniotic, and

27  human adult stem cell and related research in the state,

28  including, but not limited to, identifying both public and

29  private funding sources for such research, maintaining

30  existing embryonic, amniotic, and human adult stem cell

31  related businesses, recruiting new embryonic, amniotic, and

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  human adult stem cell related businesses to the state, and

 2  recruiting scientists and researchers in such fields to the

 3  state and state universities.

 4         3.  Develop a biomedical research grant program for

 5  recommendation to the Secretary of Health, which shall provide

 6  grants-in-aid to eligible institutions for the advancement of

 7  embryonic, amniotic, or human adult stem cell research.

 8         4.  Develop, no later than December 1, 2007, an

 9  application for grants-in-aid under this section for

10  recommendation to the Secretary of Health for the purpose of

11  conducting embryonic, amniotic, or human adult stem cell

12  research.

13         5.  Review applications from eligible institutions for

14  grants-in-aid on and after December 1, 2007, and provide to

15  the Secretary of Health recommended grant awards.

16         6.  Review the stem cell research conducted by eligible

17  institutions that receive such grants-in-aid.

18         (c)  The advisory council shall submit an annual

19  progress report on the status of biomedical research in the

20  state to the Florida Center for Universal Research to

21  Eradicate Disease and to the Governor, the Secretary of

22  Health, the President of the Senate, and the Speaker of the

23  House of Representatives by June 30. The report must include:

24         1.  The amount of grants-in-aid awarded to eligible

25  institutions from the Biomedical Research Trust Fund.

26         2.  The names of the recipients of such grants-in-aid.

27         3.  The current status and progress of stem cell

28  research in the state.

29         4.  A list of research projects supported by

30  grants-in-aid awarded under the program.

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         5.  A list of publications in peer-reviewed journals

 2  involving research supported by grants-in-aid awarded under

 3  the program.

 4         6.  The total amount of biomedical research funding

 5  currently flowing into the state.

 6         7.  New grants for biomedical research that were funded

 7  based on research supported by grants-in-aid awarded under the

 8  program.

 9         8.  All other materials the council deems advisable to

10  include.

11         (d)  Advisory council members shall disclose any

12  conflict of interest or potential conflict of interest to the

13  Secretary of Health.

14         (e)  The Department of Health shall provide

15  administrative staff to assist the advisory council in

16  developing the application for the grants-in-aid, reviewing

17  the applications, preparing the written consent form described

18  in paragraph (6)(b), and performing other administrative

19  functions the advisory council requires.

20         (4)  BIOMEDICAL ETHICS ADVISORY COUNCIL.--There is

21  created within the Department of Health the Biomedical Ethics

22  Advisory Council, which shall review the research conducted

23  under s. 381.99.

24         (a)  The advisory council shall consist of the

25  Secretary of Health or his or her designee, who shall act as

26  chair, and six additional members, who shall be appointed as

27  follows:

28         1.  Two persons appointed by the Governor.

29         2.  One person appointed by the President of the

30  Senate.

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1         3.  One person appointed by the Speaker of the House of

 2  Representatives.

 3         4.  One person appointed by the Minority Leader of the

 4  Senate.

 5         5.  One person appointed by the Minority Leader of the

 6  House of Representatives.

 7  

 8  All members must demonstrate knowledge and understanding of

 9  the ethical, medical, and scientific implications of

10  embryonic, amniotic, and adult stem cell research and should

11  also demonstrate knowledge of related fields, including, but

12  not limited to, genetics, cellular biology, and embryology.

13  Each member shall serve a term of 4 years commencing on

14  October 1, 2007; however, for the purpose of providing

15  staggered terms, of the initial appointments three members

16  shall be appointed to a 2-year term and three members shall be

17  appointed to a 4-year term. No member shall serve for more

18  than two consecutive terms. Any vacancy on the council shall

19  be filled in the same manner as the original appointment. All

20  initial appointments must be made by October 1, 2007. The

21  first meeting shall take place no later than November 1, 2007.

22  All meetings are subject to the call of the chair. Members

23  shall meet at least twice a year or as often as necessary to

24  discharge their duties but shall have no more than one meeting

25  per month during any 12-month period. Members shall serve

26  without compensation but may be reimbursed for per diem and

27  travel expenses in accordance with s. 112.061.

28         (b)  The council shall review all embryonic, amniotic,

29  or human adult stem cell research that is funded or supported

30  in any manner through the Biomedical Research Trust Fund to

31  ensure adherence to ethical and safety guidelines and

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  procedures as laid out by federal ethical standards

 2  established by the United States Department of Health and

 3  Human Services.

 4         (5)  BIOMEDICAL RESEARCH TRUST FUND AND

 5  GRANTS-IN-AID.--

 6         (a)  The Secretary of Health shall make grants-in-aid

 7  from the Biomedical Research Trust Fund in accordance with the

 8  provisions of this section.

 9         (b)  The Department of Health shall require any

10  applicant for a grant-in-aid under this section, for the

11  purpose of conducting stem cell research, to submit a complete

12  description of the applicant's organization, the applicant's

13  plans for stem cell research, the applicant's proposed funding

14  for such research from sources other than the state, and the

15  applicant's proposed arrangements concerning financial

16  benefits to the state as a result of any patent, royalty

17  payment, or similar right resulting from any stem cell

18  research made possible by the awarding of the grant-in-aid.

19  The Stem Cell Research Advisory Council shall provide

20  recommendations to the Secretary of Health with respect to

21  awarding such grants-in-aid after considering the

22  recommendations of the Biomedical Ethics Advisory Council.

23         (c)  Beginning with the 2007-2008 fiscal year, and for

24  10 consecutive years thereafter, not less than $20 million

25  shall be made available from the Biomedical Research Trust

26  Fund within the Department of Health for grants-in-aid to

27  eligible institutions for the purpose of conducting embryonic,

28  amniotic, or human adult stem cell research pursuant to this

29  section. Up to 15 percent of the funds may be used for

30  administrative costs. Any unexpended funds not used for

31  grants-in-aid during the current fiscal year shall be carried

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  forward for the following fiscal year to fund the

 2  grants-in-aid.

 3         (6)  USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS

 4  REGARDING DISPOSITION OF HUMAN EMBRYOS FOLLOWING INFERTILITY

 5  TREATMENT.--

 6         (a)  Funds provided under this section may be used only

 7  for research involving:

 8         1.  Human adult stem cells, including, but not limited

 9  to, adult stem cells derived from umbilical cord blood and

10  bone marrow.

11         2.  Human embryonic stem cells taken from donated

12  leftover embryos from in vitro fertilization treatments which

13  would otherwise be thrown away or destroyed.

14         3.  Amniotic stem cells extracted from human amniotic

15  fluid or placentas, which are otherwise discarded after birth.

16         (b)  A physician or other health care provider treating

17  a patient for infertility shall provide the patient with

18  timely, relevant, and appropriate information sufficient to

19  allow the person to make an informed and voluntary choice

20  regarding the disposition of any human embryos that remain

21  following infertility treatment. The person to whom the

22  information is provided:

23         1.  Shall be presented with the option of storing any

24  unused embryos remaining after receiving in vitro

25  fertilization, donating the remaining embryos to another

26  person, donating the remaining embryos for research purposes,

27  or selecting other means of disposition of the remaining

28  embryos.

29         2.  Who elects to donate, for research purposes, any

30  embryos remaining after receiving infertility treatment shall

31  provide written consent for that donation on a consent form

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  provided by the Department of Health and made available to the

 2  public on the department's Internet website.

 3         3.  May not knowingly, for material or financial gain,

 4  purchase, sell, or otherwise transfer or obtain, or promote

 5  the sale or transfer of, embryonic fetal tissue for research

 6  purposes pursuant to this section. Embryonic, amniotic, and

 7  adult stem cell material may be donated only for research

 8  purposes with the informed consent of the donor. A person who

 9  violates any provision of this subparagraph commits a felony

10  of the second degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (7)  HUMAN REPRODUCTIVE CLONING; PROHIBITION;

13  PENALTIES.--

14         (a)  It is unlawful for any person to knowingly:

15         1.  Perform or attempt to perform human reproductive

16  cloning;

17         2.  Participate or assist in an attempt to perform

18  human reproductive cloning; or

19         3.  Ship or receive for any purpose an embryo produced

20  by human reproductive cloning or any product derived from such

21  embryo.

22         (b)  A person who violates any provision of paragraph

23  (a) commits a felony of the second degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         (8)  CONTINUING APPROPRIATION.--Beginning in fiscal

26  year 2007-2008, the sum of $20 million is appropriated

27  annually from recurring funds in the General Revenue Fund to

28  the Biomedical Research Trust Fund within the Department of

29  Health for the purposes of carrying out the provisions of this

30  section. The amount of funds appropriated shall not exceed

31  

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    Florida Senate - 2007                                   SB 750
    31-252A-07                                              See HB




 1  $200 million for the 10-year period beginning in fiscal year

 2  2007-2008 and ending in fiscal year 2016-2017.

 3         Section 4.  This act shall take effect July 1, 2007.

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