HB 7061

1	A bill to be entitled
2	An act relating to biomedical research; amending s.
3	20.435, F.S.; specifying use of funds deposited in the
4	Biomedical Research Trust Fund; revising a time limit
5	relating to certain undisbursed balances of appropriations
6	from the trust fund; amending s. 215.5601, F.S.;
7	conforming a cross-reference; amending s. 215.5602, F.S.;
8	revising the purposes and long-term goals of the James and
9	Esther King Biomedical Research Program; providing for
10	certain funds appropriated for the program to be deposited
11	into the Biomedical Research Trust Fund; specifying use of
12	such funds; renaming the Biomedical Research Advisory
13	Council the Biomedical Research Commission; revising
14	membership of the commission; providing that the
15	commission serves as an exclusive source of biomedical
16	research grant and fellowship awards; requiring the
17	commission to create committees for specified purposes;
18	requiring the commission to adopt policies and procedures
19	regarding the committees and to receive input from outside
20	sources; revising responsibilities of the commission;
21	creating a future requirement for the commission to submit
22	priorities for funding research related to tobacco-related
23	and nontobacco-related diseases to the State Surgeon
24	General; requiring the State Surgeon General to provide
25	commission funding priorities to the Legislature;
26	providing restrictions on the State Surgeon General;
27	providing criteria for ranking priorities; authorizing the
28	State Surgeon General to award grants or fellowships;
29	providing for the award of grants or fellowships upon a
30	specific appropriation; prohibiting the funding of
31	research projects not in compliance with the requirements
32	of the section; providing restrictions on the
33	recommendation or award of grants or fellowships by other
34	programs and entities; providing for future reductions of
35	limits on annual administrative expenses; revising
36	requirements relating to the commission's annual progress
37	report; providing a future expiration date for the
38	commission to award grants for the Bankhead-Coley Program;
39	revising provisions relating to appropriations; extending
40	the expiration date of the program; amending s. 381.79,
41	F.S.; providing for the expiration of a provision relating
42	to the distribution of funds from the Brain and Spinal
43	Cord Injury Program Trust Fund; amending s. 381.853, F.S.;
44	providing a requirement for the Florida Center for Brain
45	Tumor Research relating to the use of state funds for
46	biomedical research; amending s. 381.855, F.S.; providing
47	additional program functions for the Florida Center for
48	Universal Research to Eradicate Disease; requiring the
49	center to disseminate certain information if an
50	appropriation is made; conforming references to changes
51	made by the act; amending s. 381.911, F.S.; conforming
52	references to changes made by the act; amending s.
53	381.922, F.S., relating to the William G. "Bill" Bankhead,
54	Jr., and David Coley Cancer Research Program; creating a
55	future requirement for the commission to submit priorities
56	for funding cancer research to the State Surgeon General;
57	requiring the State Surgeon General to provide commission
58	funding priorities to the Legislature; providing
59	restrictions on the State Surgeon General; providing
60	criteria for ranking priorities; authorizing the State
61	Surgeon General to award grants; providing for the award
62	of grants upon a specific appropriation; prohibiting the
63	funding of research projects not in compliance with the
64	requirements of the section; conforming references to
65	changes made by the act; revising process and provisions
66	relating to future peer review of grant applications to
67	conform to the changes to the biomedical research program
68	made by the act; deleting a provision requiring the
69	Division of Statutory Revision within the Office of
70	Legislative Services to certify certain language and
71	citations related to the program; deleting a provision
72	requiring future legislative review of the program;
73	revising the expiration date of the program; amending s.
74	430.502, F.S.; requiring the Department of Elderly
75	Affairs, in consultation with the Alzheimer's Disease
76	Brain Bank, to evaluate the need for additional memory
77	disorder clinics in the state; conforming references to
78	changes made by the act; deleting obsolete language;
79	amending ss. 430.503, 430.504, 458.324, and 459.0125,
80	F.S.; conforming references to changes made by the act;
81	amending s. 1004.445, F.S.; providing for the future
82	repeal of specified provisions to conform to changes made
83	by the act; reducing appropriations for fiscal year 2008-
84	2009; providing for and specifying use of future
85	appropriations; repealing s. 381.0404, F.S., relating to
86	the Center for Health Technologies; repealing s. 381.85,
87	F.S., relating to biomedical and social research;
88	repealing s. 381.912, F.S., relating to the Cervical
89	Cancer Elimination Task Force; repealing s. 381.92, F.S.,
90	relating to the Florida Cancer Council; repealing s.
91	381.921, F.S., relating to the Florida Cancer Council;
92	repealing s. 381.98, F.S., relating to the Florida Public
93	Health Foundation, Inc.; repealing s. 381.981, F.S.,
94	relating to health awareness campaigns; repealing s.
95	430.501, F.S., relating to the Alzheimer's Disease
96	Advisory Committee; repealing s. 1004.435, F.S., relating
97	to cancer control and research; providing for
98	severability; providing an effective date.
99
100	Be It Enacted by the Legislature of the State of Florida:
101
102	Section 1.  Paragraph (h) of subsection (1) of section
103	20.435, Florida Statutes, is amended to read:
104	20.435  Department of Health; trust funds.--
105	(1)  The following trust funds are hereby created, to be
106	administered by the Department of Health:
107	(h)  Biomedical Research Trust Fund.
108	1.  Funds to be credited to the trust fund shall consist of
109	funds deposited pursuant to s. 215.5601 and any other funds
110	appropriated by the Legislature. Funds shall be used for the
111	purposes of the James and Esther King Biomedical Research
112	Program and the William G. "Bill" Bankhead, Jr., and David Coley
113	Cancer Research Program as specified in ss. 215.5602, 288.955,
114	and 381.922. The trust fund is exempt from the service charges
115	imposed by s. 215.20.
116	2.  Funds deposited into the trust fund pursuant to s.
117	215.5601 and any other funds appropriated by the Legislature as
118	specified in s. 215.5602(12)(a) or other provisions of law for
119	research related to tobacco-related diseases shall be used
120	exclusively for the purpose of awarding grants and fellowships
121	for research regarding the prevention, diagnosis, treatment, and
122	cure of tobacco-related diseases by the James and Esther King
123	Biomedical Research Program.
124	3.  Funds deposited into the trust fund pursuant to the
125	William G. "Bill" Bankhead, Jr., and David Coley Cancer Research
126	Program as specified in s. 381.922 shall be used for the purpose
127	of awarding grants for cancer research by the William G. "Bill"
128	Bankhead, Jr., and David Coley Cancer Research Program.
129	4.  All other funds deposited into the trust fund shall be
130	used for the purpose of awarding grants and fellowships for
131	biomedical research regarding the prevention, diagnosis,
132	treatment, and cure of the most deadly and widespread
133	nontobacco-related acute, chronic, and degenerative diseases by
134	the James and Esther King Biomedical Research Program as
135	specified in s. 215.5602(2)(b) and (12)(b).
136	5.2.  Notwithstanding the provisions of s. 216.301 and
137	pursuant to s. 216.351, any balance in the trust fund at the end
138	of any fiscal year shall remain in the trust fund at the end of
139	the year and shall be available for carrying out the purposes of
140	the trust fund. The department may invest these funds
141	independently through the Chief Financial Officer or may
142	negotiate a trust agreement with the State Board of
143	Administration for the investment management of any balance in
144	the trust fund.
145	6.3.  Notwithstanding s. 216.301 and pursuant to s.
146	216.351, any balance of any appropriation from the Biomedical
147	Research Trust Fund which is not disbursed but which is
148	obligated pursuant to contract or committed to be expended may
149	be carried forward for up to 5 3 years following the effective
150	date of the original appropriation.
151	Section 2.  Paragraph (e) of subsection (5) of section
152	215.5601, Florida Statutes, is amended to read:
153	215.5601  Lawton Chiles Endowment Fund.--
154	(5)  AVAILABILITY OF FUNDS; USES.--
155	(e)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
156	all unencumbered balances of appropriations from each
157	department's respective Tobacco Settlement Trust Fund as of June
158	30 or undisbursed balances as of December 31 shall revert to the
159	endowment's principal. Unencumbered balances in the Biomedical
160	Research Trust Fund shall be managed as provided in s.
161	20.435(1)(h)5.2.
162	Section 3.  Section 215.5602, Florida Statutes, is amended
163	to read:
164	215.5602  James and Esther King Biomedical Research
165	Program.--
166	(1)  There is established within the Department of Health
167	the James and Esther King Biomedical Research Program funded by
168	the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
169	215.5601. The purpose of the James and Esther King Biomedical
170	Research Program is to provide an annual and perpetual source of
171	funding 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 and nontobacco-related acute, chronic, and degenerative
175	diseases, including cancer, cardiovascular disease, stroke,
176	pulmonary disease, diabetes, autoimmune and genetic disorders,
177	and neurological disorders, including Alzheimer's disease,
178	epilepsy, and Parkinson's disease. The long-term goals of the
179	program are to:
180	(a)  Improve the health of Floridians by researching better
181	prevention, diagnoses, treatments, and cures for the most deadly
182	and widespread acute, chronic, and degenerative diseases,
183	including, but not limited to, tobacco-related diseases, cancer,
184	cardiovascular disease, stroke, and pulmonary disease, diabetes,
185	autoimmune and genetic disorders, and neurological disorders,
186	including Alzheimer's disease, epilepsy, and Parkinson's
187	disease.
188	(b)  Expand the foundation of biomedical knowledge relating
189	to the prevention, diagnosis, treatment, and cure of tobacco-
190	related diseases related to tobacco use, including cancer,
191	cardiovascular disease, stroke, and pulmonary disease.
192	(c)  Expand the foundation of biomedical knowledge relating
193	to the prevention, diagnosis, treatment, and cure of the most
194	widespread acute, chronic, and degenerative diseases affecting
195	Floridians, including, but not limited to, cancer,
196	cardiovascular disease, stroke, pulmonary disease, diabetes,
197	autoimmune and genetic disorders, and neurological disorders,
198	including Alzheimer's disease, epilepsy, and Parkinson's
199	disease.
200	(d)(c)  Improve the quality of the state's academic health
201	centers by bringing the advances of biomedical research into the
202	training of physicians and other health care providers.
203	(e)(d)  Increase the state's per capita funding for
204	research by undertaking new initiatives in public health and
205	biomedical research that will attract additional funding from
206	outside the state.
207	(f)(e)  Stimulate economic activity in the state in areas
208	related to biomedical research, such as the research and
209	production of pharmaceuticals, biotechnology, and medical
210	devices.
211	(2)(a)  Funds appropriated for the James and Esther King
212	Biomedical Research Program pursuant to the Lawton Chiles
213	Endowment Fund created in s. 215.5601 and additional funding
214	provided under paragraph (12)(a) or other provisions of law for
215	research related to tobacco-related diseases shall be credited
216	to the Biomedical Research Trust Fund pursuant to s. 20.435 and
217	shall be used exclusively for the award of grants and
218	fellowships related to the prevention, diagnosis, treatment, and
219	cure of tobacco-related diseases, including cancer,
220	cardiovascular disease, stroke, and pulmonary disease and for
221	expenses incurred in the administration of this section.
222	Priority shall be granted to research designed to prevent or
223	cure tobacco-related diseases.
224	(b)  Beginning in fiscal year 2009-2010, and each fiscal
225	year thereafter, all other funds appropriated for the James and
226	Esther King Biomedical Research Program shall be credited to the
227	Biomedical Research Trust Fund pursuant to s. 20.435 and shall
228	be used exclusively for the award of grants and fellowships as
229	established in this section; for research relating to the
230	prevention, diagnosis, treatment, and cure of the most deadly
231	and widespread acute, chronic, and degenerative nontobacco-
232	related diseases affecting Floridians related to tobacco use,
233	including cancer, cardiovascular disease, stroke, and pulmonary
234	disease, diabetes, autoimmune and genetic disorders, and
235	neurological disorders, including Alzheimer's disease, epilepsy,
236	and Parkinson's disease,; and for expenses incurred in the
237	administration of this section. Priority shall be granted to
238	research designed to prevent or cure disease.
239	(3)  There is created within the Department of Health the
240	Biomedical Research Commission Advisory Council.
241	(a)  The commission council shall consist of 15 11 members,
242	including: the chief executive officer of the Florida Division
243	of the American Cancer Society, or a designee; the chief
244	executive officer of the Greater Southeast Florida/Puerto Rico
245	Affiliate of the American Heart Association, or a designee; and
246	the chief executive officer of the American Lung Association of
247	Florida, or a designee; the chief executive officer of the South
248	Coastal Region of the American Diabetes Association, or a
249	designee; and the president of the Florida Medical Association,
250	or a designee. The remaining 10 8 members of the commission
251	council shall be appointed as follows:
252	1.  The Governor shall appoint four members, two members
253	with expertise in the field of biomedical research, one member
254	from a research university in the state, and one member
255	representing the general population of the state.
256	2.  The President of the Senate shall appoint three two
257	members, one member with expertise in the field of behavioral or
258	social research and two members representing volunteer health
259	organizations operating in the state that focus on Alzheimer's
260	disease, Parkinson's disease, epilepsy, stroke, or autoimmune
261	and genetic disorders one representative from a cancer program
262	approved by the American College of Surgeons.
263	3.  The Speaker of the House of Representatives shall
264	appoint three two members, two members representing volunteer
265	health organizations operating in the state that focus on
266	Alzheimer's disease, Parkinson's disease, epilepsy, stroke, or
267	autoimmune and genetic disorders one member from a professional
268	medical organization and one member representing representative
269	from a cancer program approved by the American College of
270	Surgeons.
271
272	In making these appointments, the Governor, the President of the
273	Senate, and the Speaker of the House of Representatives shall
274	select primarily, but not exclusively, Floridians with
275	biomedical and lay expertise in the general areas of cancer,
276	cardiovascular disease, stroke, and pulmonary disease, diabetes,
277	autoimmune and genetic disorders, and neurological disorders,
278	including Alzheimer's disease, epilepsy, and Parkinson's
279	disease. The appointments shall be for a 3-year term and shall
280	reflect the diversity of the state's population. An appointed
281	member may not serve more than two consecutive terms.
282	(b)  Except for the William G. "Bill" Bankhead, Jr., and
283	David Coley Cancer Research Program that expires June 30, 2011,
284	pursuant to s. 381.922, beginning in fiscal year 2009-2010, and
285	each fiscal year thereafter, funds appropriated for the James
286	and Esther King Biomedical Research Program shall serve as the
287	exclusive source of awarding grants or fellowships for
288	biomedical research in the state using state funds. This
289	paragraph does not preclude another grant or fellowship program
290	created by state law from awarding grants from funds received
291	from private or federal sources if permitted by state law.
292	(c)  The commission shall create committees to focus on
293	disease-specific areas, including, but not limited to, tobacco-
294	related diseases, cancer, stroke, cardiovascular disease,
295	pulmonary disease, diabetes, autoimmune and genetic disorders,
296	and neurological disorders, including Alzheimer's disease,
297	epilepsy, and Parkinson's disease.
298	(d)(b)  The commission council shall adopt internal
299	organizational procedures as necessary for its efficient
300	organization, including policies and procedures regarding the
301	creation and composition of the committees, the submission of
302	reports and recommendations by committees regarding the awarding
303	of grants and fellowships, coordination between the commission
304	and committees, and the methods for receiving input from
305	individuals, organizations, or entities that are not members of
306	the commission or its committees regarding the prioritization of
307	research.
308	(e)(c)  The department shall provide such staff,
309	information, and other assistance as is reasonably necessary to
310	assist the commission council in carrying out its
311	responsibilities, including those of its committees.
312	(f)(d)  Members of the commission council shall serve
313	without compensation, but may receive reimbursement as provided
314	in s. 112.061 for travel and other necessary expenses incurred
315	in the performance of their official duties, including attending
316	committee meetings.
317	(4)  The commission council shall, after considering the
318	recommendations of its committees, advise the State Surgeon
319	General as to the direction and scope of the biomedical research
320	program. The responsibilities of the commission council may
321	include, but are not limited to:
322	(a)  Establishing Providing advice on program priorities
323	and emphases.
324	(b)  Evaluating Providing advice on the overall program
325	budget and making recommendations to the State Surgeon General
326	and the Legislature regarding future appropriations.
327	(c)  Participating in periodic program evaluation.
328	(d)  Developing Assisting in the development of guidelines
329	to ensure fairness, neutrality, and adherence to the principles
330	of merit and quality in the conduct of the program.
331	(e)  Developing Assisting in the development of appropriate
332	linkages to nonacademic entities, such as voluntary
333	organizations, health care delivery institutions, industry,
334	government agencies, and public officials.
335	(f)  Developing criteria and standards for the award of
336	research grants.
337	(g)  Developing administrative procedures relating to
338	solicitation, independent peer review, and award of research
339	grants and fellowships, to ensure an impartial, high-quality,
340	science-based peer review system.
341	(h)  Developing and supervising research peer review
342	panels.
343	(i)  Reviewing reports of peer review panels and making
344	recommendations for research grants and fellowships.
345	(j)  Developing and providing oversight regarding
346	mechanisms for the dissemination of research results.
347	(5)(a)  Applications for biomedical research funding under
348	the program may be submitted from any university or established
349	research institute in the state. All qualified investigators in
350	the state, regardless of institution affiliation, shall have
351	equal access and opportunity to compete for the research
352	funding.
353	(b)  Beginning in fiscal year 2008-2009, grants and
354	fellowships shall be awarded by the State Surgeon General, after
355	consultation with the commission council, on the basis of
356	scientific merit, as determined by an open competitive peer
357	review process that ensures objectivity, consistency, and high
358	quality.
359	(c)  Beginning in fiscal year 2009-2010, and each fiscal
360	year thereafter, the State Surgeon General shall submit to the
361	Legislature by February 1 priority lists for the funding of both
362	tobacco-related and nontobacco-related biomedical research by
363	the Legislature based on the recommendations made by the
364	commission after peer review and scoring of the applications
365	received. Recommendations to the Legislature shall be in the
366	form of lists submitted by the State Surgeon General of the
367	commission's rank order of priority from the proposal with the
368	highest priority through the proposal with the lowest priority,
369	including the recommended dollar amount and duration for each
370	proposal. The State Surgeon General may not reject or modify the
371	commission's recommendations. Successful applicants shall be
372	awarded grants or fellowships by the State Surgeon General based
373	upon the recommendations of the commission and the final funding
374	decision made by the Legislature. Funding for grant and
375	fellowship applications for tobacco-related research shall be
376	based upon funds available pursuant to paragraphs (2)(a) and
377	(12)(a) and s. 215.5601.
378	(d)  Beginning in fiscal year 2009-2010, and each fiscal
379	year thereafter, the commission's overall ranking of grant and
380	fellowship applications shall be based on the score awarded to
381	the proposal by peer reviewers on the basis of scientific merit
382	through an open competitive peer review process that ensures
383	objectivity, consistency, and high quality and the commission's
384	determination of the following:
385	1.  The projected impact that the proposed research will
386	have on the most deadly and widespread diseases affecting
387	Floridians at the time the grant or fellowship is awarded;
388	2.  The likelihood or possibility that the proposed
389	research will result in new treatment modalities or technology
390	during the term of the grant or fellowship; and
391	3.  Whether the research proposed offers an efficient use
392	of state funds in order to prevent or cure disease.
393	(e)  The following types of applications shall be
394	considered for funding:
395	1.  Investigator-initiated research grants.
396	2.  Institutional research grants.
397	3.  Predoctoral and postdoctoral research fellowships.
398	(f)  The State Surgeon General shall award grants or
399	fellowships for terms of 1 to 5 years. State funds shall only be
400	provided for research that was applied for, reviewed, and
401	recommended in accordance with this section.
402	(g)  Except for the William G. "Bill" Bankhead, Jr., and
403	David Coley Cancer Research Program that expires June 30, 2011,
404	pursuant to s. 381.922, beginning July 1, 2009, and each fiscal
405	year thereafter, any program, board, commission, council,
406	advisory group, agency, or entity created by state law that
407	awards or recommends the award of grants or fellowships for
408	biomedical research may not award grants or fellowships that
409	require the use of state funds and, instead, shall make any
410	recommendation to the commission and its committees for the
411	prioritization and award of grants and fellowships through the
412	James and Esther King Biomedical Research Program. This section
413	does not apply to the 21st Century World Class Scholars, Centers
414	of Excellence, or State University Research Commercialization
415	Assistance Grant Programs established under s. 1004.226.
416	(6)  To ensure that all proposals for research funding are
417	appropriate and are evaluated fairly on the basis of scientific
418	merit, the State Surgeon General, in consultation with the
419	commission council, shall appoint a peer review panel of
420	independent, scientifically qualified individuals to review the
421	scientific content of each proposal and establish its scientific
422	priority score. The priority scores shall be forwarded to the
423	commission and its committees council and must be considered in
424	determining which proposals shall be recommended for funding.
425	(7)  The commission, the committees, council and the peer
426	review panel shall establish and follow rigorous guidelines for
427	ethical conduct and adhere to a strict policy with regard to
428	conflict of interest. A member of the commission, committee,
429	council or panel may not participate in any discussion or
430	decision with respect to a research proposal by any firm,
431	entity, or agency with which the member is associated as a
432	member of the governing body or as an employee, or with which
433	the member has entered into a contractual arrangement. Meetings
434	of the commission, committees, council and the peer review
435	panels shall be subject to the provisions of chapter 119, s.
436	286.011, and s. 24, Art. I of the State Constitution.
437	(8)  The department may contract on a competitive-bid basis
438	with an appropriate entity to administer the program.
439	Administrative expenses may not exceed 15 percent of the total
440	funds available to the program in any given year. Effective July
441	1, 2009, administrative expenses may not exceed 10 percent of
442	the total funds available to the program in any given year.
443	Effective July 1, 2011, administrative expenses may not exceed 5
444	percent of the total funds available to the program in any given
445	year.
446	(9)  The department, after consultation with the commission
447	council, may adopt rules pursuant to ss. 120.536(1) and 120.54
448	as necessary to implement this section.
449	(10)  In addition to its recommendations regarding
450	appropriations for the award of grants and fellowships to the
451	State Surgeon General and the Legislature, the commission
452	council shall submit an annual progress report on the state of
453	biomedical research in this state to the Florida Center for
454	Universal Research to Eradicate Disease and to the Governor, the
455	State Surgeon General, the President of the Senate, and the
456	Speaker of the House of Representatives by February 1. The
457	report must include:
458	(a)  A list of current research projects supported by
459	grants or fellowships awarded under the program.
460	(b)  A list of recipients of program grants or fellowships.
461	(c)  A list of publications in peer-reviewed peer reviewed
462	journals involving research supported by grants or fellowships
463	awarded under the program.
464	(d)  The total amount of biomedical research funding
465	currently flowing into the state.
466	(e)  New grants for biomedical research which were funded
467	based on research supported by grants or fellowships awarded
468	under the program.
469	(f)  Progress in the prevention, diagnosis, treatment, and
470	cure of the most deadly and widespread acute, chronic, and
471	degenerative tobacco-related diseases affecting Floridians
472	diseases related to tobacco use, including cancer,
473	cardiovascular disease, stroke, and pulmonary disease, diabetes,
474	autoimmune and genetic disorders, and neurological disorders,
475	including Alzheimer's disease, epilepsy, and Parkinson's
476	disease.
477	(11)  The commission council shall award grants for cancer
478	research through the William G. "Bill" Bankhead, Jr., and David
479	Coley Cancer Research Program created in s. 381.922. This
480	subsection expires June 30, 2011.
481	(12)(a)  Beginning in fiscal year 2006-2007, the sum of $6
482	million is appropriated annually from recurring funds in the
483	General Revenue Fund to the Biomedical Research Trust Fund
484	within the Department of Health for purposes of the award of
485	grants and fellowships by the James and Esther King Biomedical
486	Research Program for research relating to tobacco-related
487	diseases pursuant to this section. From these funds up to
488	$250,000 shall be available for the operating costs of the
489	Florida Center for Universal Research to Eradicate Disease.
490	(b)  Beginning in fiscal year 2009-2010, and each fiscal
491	year thereafter, the Legislature may appropriate funds from
492	recurring funds in the General Revenue Fund to the Biomedical
493	Research Trust Fund within the Department of Health for purposes
494	of the award of grants and fellowships by the James and Esther
495	King Biomedical Research Program for research of the most deadly
496	and widespread nontobacco-related acute, chronic, and
497	degenerative diseases pursuant to this section. Any research
498	grant or fellowship awarded for Alzheimer's research pursuant to
499	this section shall be named a "Johnnie B. Byrd, Sr. Alzheimer's
500	Grant." Any research grant or fellowship awarded for cancer
501	research pursuant to this section shall be named a "Bankhead-
502	Coley Cancer Grant."
503	(13)  By June 1, 2014 2009, the Division of Statutory
504	Revision of the Office of Legislative Services shall certify to
505	the President of the Senate and the Speaker of the House of
506	Representatives the language and statutory citation of this
507	section, which is scheduled to expire January 1, 2016 2011.
508	(14)  The Legislature shall review the performance, the
509	outcomes, and the financial management of the James and Esther
510	King Biomedical Research Program during the 2015 2010 Regular
511	Session of the Legislature and shall determine the most
512	appropriate funding source and means of funding the program
513	based on its review.
514	(15)  This section expires January 1, 2016 2011, unless
515	reviewed and reenacted by the Legislature before that date.
516	Section 4.  Subsection (3) of section 381.79, Florida
517	Statutes, is amended to read:
518	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
519	(3)  Annually, 5 percent of the revenues deposited monthly
520	in the fund pursuant to s. 318.21(2)(d) shall be appropriated to
521	the University of Florida and 5 percent to the University of
522	Miami for spinal cord injury and brain injury research. The
523	amount to be distributed to the universities shall be calculated
524	based on the deposits into the fund for each quarter in the
525	fiscal year, but may not exceed $500,000 per university per
526	year. Funds distributed under this subsection shall be made in
527	quarterly payments at the end of each quarter during the fiscal
528	year. This subsection expires June 30, 2009.
529	Section 5.  Paragraph (h) is added to subsection (4) of
530	section 381.853, Florida Statutes, to read:
531	381.853  Florida Center for Brain Tumor Research.--
532	(4)  The Florida Center for Brain Tumor Research is
533	established within the Evelyn F. and William L. McKnight Brain
534	Institute of the University of Florida.
535	(h)  Beginning in fiscal year 2009-2010, and each fiscal
536	year thereafter, if the center seeks to conduct biomedical
537	research using state funds, the center shall apply for funding
538	through the James and Esther King Biomedical Research Program
539	pursuant to s. 215.5602.
540	Section 6.  Paragraph (a) of subsection (5) of section
541	381.855, Florida Statutes, is amended, and paragraphs (n), (o),
542	and (p) are added to subsection (3) of that section, to read:
543	381.855  Florida Center for Universal Research to Eradicate
544	Disease.--
545	(3)  There is established within the Department of Health
546	the Florida Center for Universal Research to Eradicate Disease,
547	which shall be known as "CURED."
548	(n)  The center shall identify ways to attract new research
549	talent and attendant national grant producing researchers to
550	research facilities in this state.
551	(o)  If funds are specifically appropriated by the
552	Legislature, the center shall disseminate information to
553	Floridians and treatment providers about specified diseases and
554	conditions and available methods of preventing, diagnosing,
555	treating, and curing those diseases and conditions.
556	(p)  The center shall provide information regarding
557	research needs in the state to the Biomedical Research
558	Commission located in the James and Esther King Biomedical
559	Research Program.
560	(5)  There is established within the center an advisory
561	council that shall meet at least annually.
562	(a)  The council shall consist of one representative from a
563	Florida not-for-profit institution engaged in basic and clinical
564	biomedical research and education which receives more than $10
565	million in annual grant funding from the National Institutes of
566	Health, to be appointed by the State Surgeon General from a
567	different institution each term, and one representative from and
568	appointed by each of the following entities:
569	1.  Enterprise Florida, Inc.
570	2.  BioFlorida.
571	3.  The Biomedical Research Commission Advisory Council.
572	4.  The Florida Medical Foundation.
573	5.  Pharmaceutical Research and Manufacturers of America.
574	6.  The Florida Cancer Council.
575	6.7.  The American Cancer Society, Florida Division, Inc.
576	7.8.  The American Heart Association.
577	8.9.  The American Lung Association of Florida.
578	9.10.  The American Diabetes Association, South Coastal
579	Region.
580	10.11.  The Alzheimer's Association.
581	11.12.  The Epilepsy Foundation.
582	12.13.  The National Parkinson Foundation.
583	14.  The Florida Public Health Foundation, Inc.
584	13.15.  The Florida Research Consortium.
585	Section 7.  Subsections (2), (3), and (4) of section
586	381.911, Florida Statutes, are amended to read:
587	381.911  Prostate Cancer Awareness Program.--
588	(2)  For purposes of implementing the program, the
589	Department of Health and the Florida Public Health Foundation,
590	Inc., may:
591	(a)  Conduct activities directly or enter into a contract
592	with a qualified nonprofit community education entity.
593	(b)  Seek any available gifts, grants, or funds from the
594	state, the Federal Government, philanthropic foundations, and
595	industry or business groups.
596	(3)  A prostate cancer advisory committee is created to
597	advise and assist the Department of Health and the Florida
598	Public Health Foundation, Inc., in implementing the program.
599	(a)  The State Surgeon General shall appoint the advisory
600	committee members, who shall consist of:
601	1.  Three persons from prostate cancer survivor groups or
602	cancer-related advocacy groups.
603	2.  Three persons who are scientists or clinicians from
604	public universities or research organizations.
605	3.  Three persons who are engaged in the practice of a
606	cancer-related medical specialty from health organizations
607	committed to cancer research and control.
608	(b)  Members shall serve without compensation but are
609	entitled to reimbursement, pursuant to s. 112.061, for per diem
610	and travel expenses incurred in the performance of their
611	official duties.
612	(4)  The program shall coordinate its efforts with those of
613	the Florida Public Health Foundation, Inc.
614	Section 8.  Section 381.922, Florida Statutes, is amended
615	to read:
616	381.922  William G. "Bill" Bankhead, Jr., and David Coley
617	Cancer Research Program.--
618	(1)  The William G. "Bill" Bankhead, Jr., and David Coley
619	Cancer Research Program, which may be otherwise cited as the
620	"Bankhead-Coley Program," is created within the Department of
621	Health. The purpose of the program shall be to advance progress
622	towards cures for cancer through grants awarded through a peer-
623	reviewed, competitive process.
624	(2)  The program shall provide grants for cancer research
625	to further the search for cures for cancer.
626	(a)  Emphasis shall be given to the goals that enumerated
627	in s. 381.921, as those goals support the advancement of such
628	cures.
629	(b)  Preference may be given to grant proposals that foster
630	collaborations among institutions, researchers, and community
631	practitioners, as such proposals support the advancement of
632	cures through basic or applied research, including clinical
633	trials involving cancer patients and related networks.
634	(3)(a)  Applications for funding for cancer research may be
635	submitted by any university or established research institute in
636	the state. All qualified investigators in the state, regardless
637	of institutional affiliation, shall have equal access and
638	opportunity to compete for the research funding. Collaborative
639	proposals, including those that advance the program's goals
640	enumerated in subsection (2), may be given preference.
641	(b)  For fiscal year 2008-2009, grants shall be awarded by
642	the State Surgeon General, after consultation with the
643	Biomedical Research Commission Advisory Council, on the basis of
644	scientific merit through, as determined by an open, competitive
645	peer review process that ensures objectivity, consistency, and
646	high quality.
647	(c)  Beginning in fiscal year 2009-2010, and each fiscal
648	year thereafter, the State Surgeon General shall submit to the
649	Legislature by February 1 a priority list for cancer research
650	funding by the Legislature based on the recommendations of the
651	commission after peer review and scoring of the applications
652	received. Recommendations to the Legislature shall be in the
653	form of a list submitted by the State Surgeon General of the
654	commission's rank order of priority from the proposal with the
655	highest priority through the proposal with the lowest priority,
656	including the recommended dollar amount and duration for each
657	proposal. The State Surgeon General may not reject or modify the
658	commission's recommendations. Successful applicants shall be
659	awarded grants by the State Surgeon General based upon the
660	recommendations of the commission and the final funding decision
661	made by the Legislature.
662	(d)  Beginning in fiscal year 2009-2010, and each fiscal
663	year thereafter, the commission's overall ranking of grant
664	applications shall be based on the score awarded to the proposal
665	by peer reviewers on the basis of scientific merit through an
666	open competitive peer review process that ensures objectivity,
667	consistency, and high quality and the commission's determination
668	of the following:
669	1.  The projected impact that the proposed research will
670	have on cancer research at the time the grant is awarded;
671	2.  The likelihood or possibility that the proposed
672	research will result in new treatment modalities or technology
673	during the term of the grant; and
674	3.  Whether the research proposed offers an efficient use
675	of state funds in order to prevent or cure cancer.
676	(e)  The following types of applications shall be
677	considered for funding:
678	1.  Investigator-initiated research grants.
679	2.  Institutional research grants.
680	3.  Collaborative research grants, including those that
681	advance the finding of cures through basic or applied research.
682	(f)  Beginning in fiscal year 2009-2010, and each fiscal
683	year thereafter, state funds shall only be provided for research
684	that was applied for, reviewed, and recommended in accordance
685	with this section.
686	(g)(b)  In order to ensure that all proposals for research
687	funding are appropriate and are evaluated fairly on the basis of
688	scientific merit, the State Surgeon General, in consultation
689	with the commission council, shall appoint a peer review panel
690	of independent, scientifically qualified individuals to review
691	the scientific content of each proposal and establish its
692	priority score. The priority scores shall be forwarded to the
693	commission and its committees council and must be considered in
694	determining which proposals shall be recommended for funding.
695	(h)(c)  The commission, the committees, council and the
696	peer review panel shall establish and follow rigorous guidelines
697	for ethical conduct and adhere to a strict policy with regard to
698	conflicts of interest. A member of the commission, a committee,
699	council or the panel may not participate in any discussion or
700	decision with respect to a research proposal by any firm,
701	entity, or agency with which the member is associated as a
702	member of the governing body or as an employee or with which the
703	member has entered into a contractual arrangement. Meetings of
704	the commission, the committees, council and the peer review
705	panels are subject to chapter 119, s. 286.011, and s. 24, Art. I
706	of the State Constitution.
707	(4)  By December 15 of each year, the Department of Health
708	shall submit to the Governor, the President of the Senate, and
709	the Speaker of the House of Representatives a report indicating
710	progress towards the program's mission and making
711	recommendations that further its purpose.
712	(5)  Beginning in fiscal year 2006-2007, the sum of $9
713	million is appropriated annually from recurring funds in the
714	General Revenue Fund to the Biomedical Research Trust Fund
715	within the Department of Health for purposes of the William G.
716	"Bill" Bankhead, Jr., and David Coley Cancer Research Program
717	and shall be distributed pursuant to this section to provide
718	grants to researchers seeking cures for cancer, with emphasis
719	given to the goals enumerated in s. 381.921. From the total
720	funds appropriated, an amount of up to 10 percent may be used
721	for administrative expenses.
722	(6)  By June 1, 2009, the Division of Statutory Revision of
723	the Office of Legislative Services shall certify to the
724	President of the Senate and the Speaker of the House of
725	Representatives the language and statutory citation of this
726	section, which is scheduled to expire January 1, 2011.
727	(7)  The Legislature shall review the performance, the
728	outcomes, and the financial management of the William G. "Bill"
729	Bankhead, Jr., and David Coley Cancer Research Program during
730	the 2010 Regular Session of the Legislature and shall determine
731	the most appropriate funding source and means of funding the
732	program based on its review.
733	(6)(8)  This section expires June 30 January 1, 2011,
734	unless reviewed and reenacted by the Legislature before that
735	date.
736	Section 9.  Subsection (3) of section 430.502, Florida
737	Statutes, is amended to read:
738	430.502  Alzheimer's disease; memory disorder clinics and
739	day care and respite care programs.--
740	(3)  The Department of Elderly Affairs shall consult with
741	the Alzheimer's Disease Brain Bank and model day care programs
742	to Alzheimer's Disease Advisory Committee must evaluate the need
743	for additional memory disorder clinics in the state. The first
744	report will be due by December 31, 1995.
745	Section 10.  Section 430.503, Florida Statutes, is amended
746	to read:
747	430.503  Alzheimer's Disease Initiative; fees and
748	administrative expense.--
749	(1)  Sections 430.502-430.504 430.501-430.504 may be cited
750	as the "Alzheimer's Disease Initiative."
751	(2)  Provider agencies are responsible for the collection
752	of fees for services in accordance with rules adopted by the
753	department. Provider agencies shall assess fees for services
754	rendered in accordance with those rules. To help pay for
755	services received pursuant to the Alzheimer's Disease
756	Initiative, a functionally impaired elderly person shall be
757	assessed a fee based on an overall ability to pay. The fee to be
758	assessed shall be fixed according to a schedule to be
759	established by the department. Services of specified value may
760	be accepted in lieu of a fee. The fee schedule shall be
761	developed in cooperation with the Alzheimer's Disease Advisory
762	Committee, area agencies on aging, and service providers.
763	Section 11.  Section 430.504, Florida Statutes, is amended
764	to read:
765	430.504  Confidentiality of information.--Information about
766	clients of programs created or funded under s. 430.501 or s.
767	430.503 which is received through files, reports, inspections,
768	or otherwise, by the department or by authorized departmental
769	employees, by persons who volunteer services, or by persons who
770	provide services to clients of programs created or funded under
771	s. 430.501 or s. 430.503 through contracts with the department
772	is confidential and exempt from the provisions of s. 119.07(1).
773	Such information may not be disclosed publicly in such a manner
774	as to identify a person who receives services under s. 430.501
775	or s. 430.503, unless that person or that person's legal
776	guardian provides written consent.
777	Section 12.  Subsection (1) and paragraph (a) of subsection
778	(2) of section 458.324, Florida Statutes, are amended to read:
779	458.324  Breast cancer; information on treatment
780	alternatives.--
781	(1)  DEFINITION.--As used in this section, the term
782	"medically viable," as applied to treatment alternatives, means
783	modes of treatment generally considered by the medical
784	profession to be within the scope of current, acceptable
785	standards, including treatment alternatives described in the
786	written summary prepared by the Florida Cancer Control and
787	Research Advisory Council in accordance with s. 1004.435(4)(m).
788	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--Each
789	physician treating a patient who is, or in the judgment of the
790	physician is at high risk of being, diagnosed as having breast
791	cancer shall inform such patient of the medically viable
792	treatment alternatives available to such patient; shall describe
793	such treatment alternatives; and shall explain the relative
794	advantages, disadvantages, and risks associated with the
795	treatment alternatives to the extent deemed necessary to allow
796	the patient to make a prudent decision regarding such treatment
797	options. In compliance with this subsection:
798	(a)  The physician may, in his or her discretion:
799	1.  Orally communicate such information directly to the
800	patient or the patient's legal representative;
801	2.  Provide the patient or the patient's legal
802	representative with a copy of a the written summary prepared in
803	accordance with s. 1004.435(4)(m) and express a willingness to
804	discuss the summary with the patient or the patient's legal
805	representative; or
806	3.  Both communicate such information directly and provide
807	a copy of the written summary to the patient or the patient's
808	legal representative for further consideration and possible
809	later discussion.
810
811	Nothing in this subsection shall reduce other provisions of law
812	regarding informed consent.
813	Section 13.  Subsection (1) and paragraph (a) of subsection
814	(2) of section 459.0125, Florida Statutes, are amended to read:
815	459.0125  Breast cancer; information on treatment
816	alternatives.--
817	(1)  DEFINITION.--As used in this section, the term
818	"medically viable," as applied to treatment alternatives, means
819	modes of treatment generally considered by the medical
820	profession to be within the scope of current, acceptable
821	standards, including treatment alternatives described in the
822	written summary prepared by the Florida Cancer Control and
823	Research Advisory Council in accordance with s. 1004.435(4)(m).
824	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--It is the
825	obligation of every physician treating a patient who is, or in
826	the judgment of the physician is at high risk of being,
827	diagnosed as having breast cancer to inform such patient of the
828	medically viable treatment alternatives available to such
829	patient; to describe such treatment alternatives; and to explain
830	the relative advantages, disadvantages, and risks associated
831	with the treatment alternatives to the extent deemed necessary
832	to allow the patient to make a prudent decision regarding such
833	treatment options. In compliance with this subsection:
834	(a)  The physician may, in her or his discretion:
835	1.  Orally communicate such information directly to the
836	patient or the patient's legal representative;
837	2.  Provide the patient or the patient's legal
838	representative with a copy of a the written summary prepared in
839	accordance with s. 1004.435(4)(m) and express her or his
840	willingness to discuss the summary with the patient or the
841	patient's legal representative; or
842	3.  Both communicate such information directly and provide
843	a copy of the written summary to the patient or the patient's
844	legal representative for further consideration and possible
845	later discussion.
846
847	Nothing in this subsection shall reduce other provisions of law
848	regarding informed consent.
849	Section 14.  Subsections (7), (8), and (12) of section
850	1004.445, Florida Statutes, as amended by chapter 2007-332, Laws
851	of Florida, are amended to read:
852	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
853	Research Institute.--
854	(7)  The board of directors of the not-for-profit
855	corporation shall create a council of scientific advisers to the
856	chief executive officer comprised of leading researchers,
857	physicians, and scientists. The council shall review programs
858	and recommend research priorities and initiatives to maximize
859	the state's investment in the institute. The members of the
860	council shall be appointed by the board of directors of the not-
861	for-profit corporation. Each member of the council shall be
862	appointed to serve a 2-year term and may be reappointed to the
863	council. This subsection expires on June 30, 2009.
864	(8)(a)  Applications for Alzheimer's disease research
865	funding may be submitted from any university or established
866	research institute in the state. All qualified investigators in
867	the state, regardless of institutional affiliation, shall have
868	equal access and opportunity to compete for the research
869	funding. Grants shall be awarded by the board of directors of
870	the not-for-profit corporation on the basis of scientific merit,
871	as determined by an open, competitive peer review process that
872	ensures objectivity, consistency, and high quality. The
873	following types of applications shall be considered for funding:
874	1.  Investigator-initiated research grants.
875	2.  Institutional research grants.
876	3.  Collaborative research grants, including those that
877	advance the finding of cures through basic or applied research.
878	(b)  Preference may be given to grant proposals that foster
879	collaboration among institutions, researchers, and community
880	practitioners because these proposals support the advancement of
881	cures through basic or applied research, including clinical
882	trials involving Alzheimer's patients and related networks.
883	(c)  To ensure that all proposals for research funding are
884	appropriate and are evaluated fairly on the basis of scientific
885	merit, the board of directors of the not-for-profit corporation,
886	in consultation with the council of scientific advisors, shall
887	appoint a peer review panel of independent, scientifically
888	qualified individuals to review the scientific content of each
889	proposal and establish its scientific priority score. The
890	priority scores shall be forwarded to the council and must be
891	considered by the board of directors of the not-for-profit
892	corporation in determining which proposals shall be recommended
893	for funding.
894	(d)  The council of scientific advisors and the peer review
895	panel shall establish and follow rigorous guidelines for ethical
896	conduct and adhere to a strict policy with regard to conflict of
897	interest. All employees, members of the board of directors, and
898	affiliates of the not-for-profit corporation shall follow the
899	same rigorous guidelines for ethical conduct and shall adhere to
900	the same strict policy with regard to conflict of interest. A
901	member of the council or panel may not participate in any
902	discussion or decision with respect to a research proposal by
903	any firm, entity, or agency with which the member is associated
904	as a member of the governing body or as an employee or with
905	which the member has entered into a contractual arrangement.
906	Meetings of the council and the peer review panels are subject
907	to chapter 119, s. 286.011, and s. 24, Art. I of the State
908	Constitution.
909	(e)  This subsection expires on June 30, 2009.
910	(12)(a)  Beginning in fiscal year 2008-2009 2007-2008, the
911	sum of $5 $13.5 million is appropriated annually from recurring
912	funds in the General Revenue Fund to the Grants and Donations
913	Trust Fund within the Department of Elderly Affairs for the
914	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
915	at the University of South Florida for the purposes as provided
916	under paragraph (6)(a), conducting and supporting research,
917	providing institutional research grants and investigator-
918	initiated research grants, developing and operating integrated
919	data projects, and providing assistance to statutorily
920	designated memory disorder clinics as provided under s. 430.502.
921	Not less than 80 percent of the appropriated funds shall be
922	expended for these purposes, and not less than 20 percent of the
923	appropriated funds shall be expended for peer-reviewed
924	investigator-initiated research grants.
925	(b)  Beginning in fiscal year 2009-2010, and each fiscal
926	year thereafter, the sum appropriated in paragraph (a) shall be
927	used for programs that fulfill the mission of the institute in
928	education, treatment, prevention, and early detection of
929	Alzheimer's disease, developing and operating integrated data
930	projects, and providing assistance to statutorily designated
931	memory disorder clinics. If the institute intends to conduct
932	research using state funds, it shall compete for funding through
933	the James and Esther King Biomedical Research Program pursuant
934	to s. 215.5602.
935	Section 15.  Sections 381.0404, 381.85, 381.912, 381.92,
936	381.921, 381.98, 381.981, 430.501, and 1004.435, Florida
937	Statutes, are repealed.
938	Section 16.  If any provision of this act or the
939	application thereof to any person or circumstance is held
940	invalid, the invalidity does not affect other provisions or
941	applications of the act which can be given effect without the
942	invalid provision or application, and to this end the provisions
943	of this act are declared severable.
944	Section 17.  This act shall take effect July 1, 2008.

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