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Senate Joint Resolution

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A joint resolution proposing the creation of Section 28 of

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Article X of the State Constitution to provide funding for

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embryonic stem cell research.

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Be It Resolved by the Legislature of the State of Florida:

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     That the following creation of Section 28 of Article X of

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the State Constitution is agreed to and shall be submitted to the

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electors of this state for approval or rejection at the next

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general election or at an earlier special election specifically

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authorized by law for that purpose:

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ARTICLE X

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MISCELLANEOUS

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     SECTION 28. Funding of embryonic stem cell research.--

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     (a) There is hereby appropriated from the General Revenue

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Fund to the Department of Health the sum of twenty million

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dollars in each of the ten fiscal years beginning with the year

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in which this amendment is adopted. With such funds, the

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Department of Health shall make grants for embryonic stem cell

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research using, or using the derivatives of, human embryos that,

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before or after formation, have been donated to medicine under

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donor instructions forbidding intrauterine embryo transfer.

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     (b) For the purposes of this section, an embryo is deemed

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to be "donated to medicine" if and only, under conditions that

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satisfy applicable requirements for informed consent and do not

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involve financial inducement to any donor, the persons from whose

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cells the embryo originates give the embryo to another person

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under written instructions specifying that the recipient shall

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use the embryo for biomedical research or therapy. The term

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"financial inducement" includes any valuable consideration but

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excludes reimbursement for reasonable costs incurred in

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connection with a donation and reasonable compensation to a donor

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from whom an oocyte is recovered and to the donor of any other

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cell recovered by an invasive procedure for the preparation for

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and time, burden, and risk of such recovery.

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     (c) The funds appropriated under this section shall be

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granted to nonprofit academic and other research institutions

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situated within the state. Grantees shall be chosen on the basis

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of a recommended ordering of applications by scientific merit as

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reckoned in a peer review process by disinterested experts in the

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relevant fields.

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     (d) This section shall be self-executing and effective

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immediately upon adoption. This appropriation shall be nonlapsing

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such that any portion of a yearly appropriation not distributed

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shall accumulate for distribution in subsequent years. The

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Department of Health is authorized to adopt administrative rules

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for the implementation of this section.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE X, SECTION 28

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     FUNDING OF EMBRYONIC STEM CELL RESEARCH..--Proposing an

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amendment to the State Constitution to appropriate $20 million

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annually for 10 fiscal years for grants by the Department of

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Health to Florida nonprofit institutions to conduct embryonic

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stem cell research using, or using derivatives of, human embryos

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that, before or after formation, have been donated to medicine

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under donor instructions forbidding intrauterine embryo transfer.

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An embryo is deemed to be "donated to medicine" only if given

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without receipt of consideration other than cost reimbursement

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and compensation for recovery of donated cells.